North Carolina General Statutes 18B-1200. Construction; findings and purpose; exceptions
(a) This Article shall be liberally construed and applied to promote its underlying purposes and policies.
(b) The underlying purposes and policies of the Article are:
(1) To promote the compelling interest of the public in fair business relations between wine wholesalers and wineries, and in the continuation of wine wholesalerships on a fair basis;
Terms Used In North Carolina General Statutes 18B-1200
- Agreement: means a commercial relationship between a wine wholesaler and a winery. See North Carolina General Statutes 18B-1201
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Contract: A legal written agreement that becomes binding when signed.
- permit: means a presently valid permit. See North Carolina General Statutes 18B-101
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- United States: shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Wine wholesaler: means any holder of a wine wholesaler permit, wine importer permit, or bottler permit issued under the authority of this Chapter. See North Carolina General Statutes 18B-1201
- Winery: means any holder of an unfortified winery permit, fortified winery permit, limited winery permit, or nonresident wine vendor permit issued under the authority of this Chapter who sells at least 1,250 cases of wine in North Carolina per year. See North Carolina General Statutes 18B-1201
(2) To protect wine wholesalers against unfair treatment by wineries;
(3) To provide wine wholesalers with rights and remedies in addition to those existing by contract or common law; and
(4) To govern all wine wholesalerships, including any renewals or amendments, to the full extent consistent with the Constitution of this State and the United States.
(c) The effect of this Article may not be waived or varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to the extent of that waiver or variance.
(d) A North Carolina winery holding a valid wine wholesaler permit issued pursuant to N.C. Gen. Stat. § 18B-1101(7) and N.C. Gen. Stat. § 18B-1107, when acting as its own master wholesaler, shall not be subject to the provisions of N.C. Gen. Stat. § 18B-1204, 18B-1205, and 18B-1207. (1983, c. 85, s. 2; 2005-340, s. 1; 2005-350, s. 4; 2006-264, s. 98; 2007-484, s. 37.)