N.D. Cent. Code § 5-04-04
This is the official text of N.D. Cent. Code § 5-04-04, part of North Dakota’s Cent. Code — part of the compiled statutory law of North Dakota, published by the state as "Cent. Code." Browse the sections below, each linked to its official government source.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
5-04-04. Agreement cancellation
Official statutory text
5-04-04. Agreement cancellation
Notwithstanding the terms, provisions, or conditions of any agreement, no brewer may
amend, cancel, terminate, or refuse to renew any agreement, or cause a wholesaler to resign
from an agreement, unless good cause exists for amendment, termination, cancellation,
nonrenewal, noncontinuation, or causing a resignation. "Good cause" does not include the sale
or purchase of a brewer. "Good cause" includes, but is not limited to, the following:
1. Revocation of the wholesaler's license to do business in this state.
2. The wholesaler's bankruptcy or insolvency.
3. Assignment for the benefit of creditors or similar disposition of the wholesaler's assets.
4. The wholesaler's failure to comply, without reasonable excuse or justification, with any
reasonable and material requirement imposed upon the wholesaler by the brewer.
In any dispute over an amendment, cancellation, termination, or nonrenewal, the brewer has the
burden of proving the existence of good cause. If a wholesaler initiates a civil action, the brewer
bears the burden of proving the existence of good cause after a prima facie showing by the
wholesaler that good cause does not exist.
Notwithstanding the terms, provisions, or conditions of any agreement, no brewer may
amend, cancel, terminate, or refuse to renew any agreement, or cause a wholesaler to resign
from an agreement, unless good cause exists for amendment, termination, cancellation,
nonrenewal, noncontinuation, or causing a resignation. "Good cause" does not include the sale
or purchase of a brewer. "Good cause" includes, but is not limited to, the following:
1. Revocation of the wholesaler's license to do business in this state.
2. The wholesaler's bankruptcy or insolvency.
3. Assignment for the benefit of creditors or similar disposition of the wholesaler's assets.
4. The wholesaler's failure to comply, without reasonable excuse or justification, with any
reasonable and material requirement imposed upon the wholesaler by the brewer.
In any dispute over an amendment, cancellation, termination, or nonrenewal, the brewer has the
burden of proving the existence of good cause. If a wholesaler initiates a civil action, the brewer
bears the burden of proving the existence of good cause after a prima facie showing by the
wholesaler that good cause does not exist.
Status: in_force · Read it on the official government site
Need a lawyer in North Dakota?
Find a North Dakota lawyer
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.