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Session Laws, 1974
Volume 713, Page 2939   View pdf image
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MARVIN MANDEL, Governor                                  2939

ENTERS INTO ANY FRANCHISE OR AGREEMENT WITH A BEER
DISTRIBUTOR OR ANY BEER MANUFACTURER WHO IS A PARTY TO A
FRANCHISE OR AGREEMENT AS DEFINED HEREIN.

(4)    "BEER DISTRIBUTOR" SHALL MEAN ANY PERSON
IMPORTING OR CAUSING TO BE IMPORTED INTO THIS STATE, OR
PURCHASING OR CAUSING TO BE PURCHASED WITHIN THIS STATE,
ANY BEER FOR SALE OR RESALE TO RETAILERS LICENSED UNDER
THIS ARTICLE WITHOUT REGARD TO WHETHER THE BUSINESS OF
SUCH PERSON IS CONDUCTED UNDER THE TERMS OF A FRANCHISE
OR ANY OTHER FORM OF AN AGREEMENT WITH A BEER
MANUFACTURER OR MANUFACTURERS.

(5)    "BEER MANUFACTURER" MEANS EVERY BREWER,
FERMENTER, PROCESSOR, BOTTLER OR PACKAGER OF BEER LOCATED
WITHIN OR WITHOUT THE STATE OF MARYLAND, OR ANY OTHER
PERSON WHETHER LOCATED WITHIN OR WITHOUT THE STATE OF
MARYLAND WHO ENTERS INTO A "FRANCHISE" OR AN "AGREEMENT"
WITH ANY BEER DISTRIBUTOR DOING BUSINESS IN THE STATE OF
MARYLAND.

(6)    "PERSON" MEANS A NATURAL PERSON, CORPORATION,
PARTNERSHIP, TRUST, AGENCY, OR OTHER ENTITY AS WELL AS
THE INDIVIDUAL OFFICERS, DIRECTORS AND OTHER PERSONS IN
ACTIVE CONTROL OF THE ACTIVITIES OF EACH SUCH ENTITY.

(7)    "TERRITORY" OR "SALES TERRITORY" SHALL MEAN
THE AREA OF SALES RESPONSIBILITY DESIGNATED BY ANY
AGREEMENT OR FRANCHISE BETWEEN ANY FRANCHISEE OR
FRANCHISOR FOR THE BRAND OR BRANDS OF ANY FRANCHISOR OR
ANY BEER MANUFACTURER.

203B.

NO BEER MANUFACTURER SHALL (1) INDUCE OR COERCE, OR
ATTEMPT TO INDUCE OR COERCE, ANY BEER DISTRIBUTOR TO
ACCEPT DELIVERY OF ANY ALCOHOLIC BEVERAGE, ANY FORM OF
ADVERTISEMENT, OR ANY OTHER COMMODITY, WHICH SHALL NOT
HAVE BEEN ORDERED BY THE BEER DISTRIBUTOR; (2) INDUCE OR
COERCE, OR ATTEMPT TO INDUCE OR COERCE, ANY BEER
DISTRIBUTOR TO DO ANY ILLEGAL ACT OR THING, OR DO ANY
OTHER ACT UNFAIR TO THE BEER DISTRIBUTOR, BY THREATENING
TO CANCEL, TERMINATE, OR REFUSE TO RENEW ANY BEER
FRANCHISE EXISTING BETWEEN A BEER MANUFACTURER, OR
REPRESENTATIVE THEREOF, AND A BEER DISTRIBUTOR; (3) FAIL
OR REFUSE TO DELIVER TO A BEER DISTRIBUTOR HAVING A
FRANCHISE, OR AGREEMENT, ANY BEER PUBLICLY ADVERTISED BY
IT OR ITS AGENTS FOR IMMEDIATE SALE PROMPTLY AFTER SUCH
BEER DISTRIBUTOR'S ORDER SHALL HAVE BEEN RECEIVED.

203C.

NOTWITHSTANDING THE TERMS, PROVISIONS OR CONDITIONS
OF ANY AGREEMENT OR FRANCHISE, NO FRANCHISOR SHALL

 

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Session Laws, 1974
Volume 713, Page 2939   View pdf image
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