Ark. Code Ann. § 3-2-412
This is the official text of Ark. Code Ann. § 3-2-412, part of Arkansas’s Code Ann — part of the compiled statutory law of Arkansas, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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Dual distributorship prohibited - Definition
Official statutory text
(a) (1) The creation of a dual distributorship is prohibited. (2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state. (b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules. (c) (1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division. (2) Identical or substantially identical labels will be considered and treated as the same brand. Amended by Act 2019, No. 315,§ 42, eff. 7/24/2019. Acts 1991, No. 260, § 9.
(a) (1) The creation of a dual distributorship is prohibited. (2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(1) The creation of a dual distributorship is prohibited.
(2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules.
(c) (1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division. (2) Identical or substantially identical labels will be considered and treated as the same brand.
(1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division.
(2) Identical or substantially identical labels will be considered and treated as the same brand.
Amended by Act 2019, No. 315,§ 42, eff. 7/24/2019.
Acts 1991, No. 260, § 9.
(a) (1) The creation of a dual distributorship is prohibited. (2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(1) The creation of a dual distributorship is prohibited.
(2) An unlawful dual distributorship is created whenever any manufacturer designates as its distributor more than one (1) Arkansas liquor wholesaler in the state or wholesale beer permit holder to distribute the same brand of alcoholic beverage in the same geographical territory, whether a city, a county, counties, or the state.
(b) In addition to any remedies to any aggrieved party authorized by law, the Director of the Alcoholic Beverage Control Division may withdraw approval of any and all brands registered by any manufacturer found to be in violation of this subchapter, such findings to be made after a hearing pursuant to hearing procedures established for the Alcoholic Beverage Control Division by state law and administrative rules.
(c) (1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division. (2) Identical or substantially identical labels will be considered and treated as the same brand.
(1) For the purposes of this subchapter, a "brand" means the same product or substantially the same product as evidenced by the product label that must be filed with the division.
(2) Identical or substantially identical labels will be considered and treated as the same brand.
Amended by Act 2019, No. 315,§ 42, eff. 7/24/2019.
Acts 1991, No. 260, § 9.
Status: in_force
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