Ohio Code 1333.82 – Alcoholic beverages franchise definitions
As used in sections 1333.82 to 1333.87 of the Revised Code:
Terms Used In Ohio Code 1333.82
- Another: when used to designate the owner of property which is the subject of an offense, includes not only natural persons but also every other owner of property. See Ohio Code 1.02
- Contract: A legal written agreement that becomes binding when signed.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(A) “Alcoholic beverages” means beer and wine as defined in section 4301.01 of the Revised Code.
(B) “Manufacturer” means a person, whether located in this state or elsewhere, that manufactures or supplies alcoholic beverages to distributors in this state.
(C) “Distributor” means a person that sells or distributes alcoholic beverages to retail permit holders in this state, but does not include the state or any of its political subdivisions.
(D) “Franchise” means a contract or any other legal device used to establish a contractual relationship between a manufacturer and a distributor.
(E) “Good faith” means the duty of any party to any franchise, and all officers, employees, or agents of any party to any franchise, to act in a fair and equitable manner toward each other so as to guarantee each party freedom from coercion or intimidation; except that recommendation, endorsement, exposition, persuasion, urging, or argument shall not be considered to constitute a lack of good faith or coercion.
(F) “Brand,” as applied to wine, means a wine different from any other wine in respect to type, brand, trade name, or container size.
(G) “Sales area or territory” means an exclusive geographic area or territory that is assigned to a particular A or B permit holder and that either has one or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries. “Sales area or territory” does not include, however, any particular retail location in an exclusive geographic area or territory that had been assigned to another A or B permit holder before April 9, 2001.