“Affected party” means a supplier or wholesaler who is a party to a distributorship agreement that a terminating party seeks to terminate or not renew.
Distributorship agreement: means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier. See Utah Code 32B-14-102
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
Supplier: means a person who sells an alcoholic product to the department. See Utah Code 32B-1-102
Terminating party: means a supplier or wholesaler who:
(a)
is a party to a distributorship agreement; and
(b)
seeks to terminate or not renew the distributorship agreement. See Utah Code 32B-14-102
(2)
(a)
“Distributorship agreement” means a written agreement between a supplier and a wholesaler pursuant to which the wholesaler has the right to purchase, resell, and distribute in a designated geographical area any brand of beer manufactured, imported, or distributed by the supplier.
(b)
For purposes of this chapter, a separate agreement between a supplier and a wholesaler is considered to be part of a distributorship agreement if it relates to:
(i)
the relationship between the supplier and the wholesaler; or
(ii)
the duties of either the supplier or the wholesaler under a distributorship agreement.
(3)
“Good cause” means the material failure by a supplier or a wholesaler to comply with an essential, reasonable, and lawful requirement imposed by a distributorship agreement if the failure occurs after the supplier or wholesaler acting in good faith provides notice of deficiency and an opportunity to correct in accordance with 2.