1. Good cause. Notwithstanding the terms, provisions or conditions of any agreement, no certificate of approval holder may amend, cancel, terminate or refuse to continue or renew any agreement, or cause a wholesale licensee to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation or causing a resignation. “Good cause” does not include the sale or purchase of a certificate of approval holder. “Good cause” includes, but is not limited to, the following:
A. Revocation of the wholesale licensee‘s license to do business in the State; [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Bankruptcy or insolvency of the wholesale licensee; [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Assignment for the benefit of creditors or similar disposition of the assets of the wholesale licensee; and [PL 1987, c. 45, Pt. A, §4 (NEW).]
D. Failure by the wholesale licensee to substantially comply, without reasonable excuse or justification, with any reasonable and material requirement imposed upon the wholesale licensee by the certificate of approval holder. [PL 2021, c. 658, §257 (AMD).]

[PL 2021, c. 658, §257 (AMD).]

SECTION HISTORY

PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §257 (AMD).

Terms Used In Maine Revised Statutes Title 28-A Sec. 1454

  • Agreement: means a commercial relationship, not required to be evidenced in writing, of definite or indefinite duration, between a certificate of approval holder and a wholesale licensee, under which the wholesale licensee is authorized to distribute one or more of the certificate of approval holder's brands of malt liquor, wine or beverages. See Maine Revised Statutes Title 28-A Sec. 1451
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • certificate of approval holder: means an in-state manufacturer of malt liquor or wine licensed under section 1355?A or an out-of-state manufacturer of or out-of-state wholesaler of malt liquor or wine that has been issued a certificate of approval under section 1361. See Maine Revised Statutes Title 28-A Sec. 1451
  • Licensee: includes , but is not limited to, agency liquor stores and certificate of approval holders. See Maine Revised Statutes Title 28-A Sec. 2
  • wholesale licensee: means a person holding a wholesale license under section 1401, offering malt liquor or wine for sale or resale to retailers, without regard to whether the business of the person is conducted under the terms of an agreement with a certificate of approval holder. See Maine Revised Statutes Title 28-A Sec. 1451
  Previous section
Next section  
 Chapter 57 Contents