2940 LAWS OF MARYLAND [Ch. 877
CANCEL, TERMINATE OR REFUSE TO CONTINUE OF RENEW ANY BEER
FRANCHISE, OR CAUSE A FRANCHISEE TO RESIGN FROM A
FRANCHISE, UNLESS GOOD CAUSE EXISTS FOR TERMINATION,
CANCELLATION, NONRENEWAL, NONCONTINUATION OR CAUSING A
RESIGNATION; PROVIDED, THAT GOOD CAUSE SHALL EXIST IF A
FRANCHISEE'S LICENSE TO DO BUSINESS IN THE STATE IS
REVOKED UNDER ANY PROVISIONS OF THIS ARTICLE.
203D.
EXCEPT AS PROVIDED IN THIS SECTION, A BEER
MANUFACTURER SHALL PROVIDE A FRANCHISEE AT LEAST 180 DAYS
PRIOR WRITTEN NOTICE OF ANY INTENT TO TERMINATE, CANCEL
OR NONRENEW ANY FRANCHISE AGREEMENT. THE NOTICE SHALL
STATE ALL THE REASONS FOR THE INTENDED TERMINATION,
CANCELLATION, OR NONRENEWAL. THE FRANCHISEE SHALL HAVE
180 DAYS IN WHICH TO RECTIFY ANY CLAIMED DEFICIENCY. IF
THE DEFICIENCY SHALL BE RECTIFIED WITHIN 180 DAYS OF
NOTICE, THEN THE PROPOSED TERMINATION, CANCELLATION OR
NONRENEWAL SHALL BE NULL AND VOID AND WITHOUT LEGAL
EFFECT. THE NOTICE PROVISIONS OF THIS SECTION SHALL NOT
APPLY IF THE REASON FOR TERMINATION, CANCELLATION OR
NONRENEWAL IS INSOLVENCY, THE OCCURRENCE OF AH ASSIGNMENT
FOR THE BENEFIT OF CREDITORS, OR BANKRUPTCY.
203E.
NO FRANCHISOR, WHO SHALL DESIGNATE A SALES TERRITORY
FOR WHICH ANY FRANCHISEE SHALL BE PRIMARILY RESPONSIBLE
OR IN WHICH ANY FRANCHISEE IS REQUIRED TO CONCENTRATE ITS
EFFORTS, SHALL ENTER INTO ANY FRANCHISE OR AGREEMENT WITH
ANY OTHER BEER DISTRIBUTOR FOR THE PURPOSE OF
ESTABLISHING AN ADDITIONAL FRANCHISEE FOR ITS BRAND OR
BRANDS OF BEER IN THE TERRITORY BEING PRIMARILY SERVED OR
CONCENTRATED UPON BY A LICENSED FRANCHISEE.
203F.
NO FRANCHISEE WHO SHALL BE GRANTED A SALES TERRITORY
FOR WHICH THE FRANCHISEE SHALL BE PRIMARILY RESPONSIBLE
OR IN WHICH THE FRANCHISEE IS REQUIRED TO CONCENTRATE ITS
EFFORTS SHALL MAKE ANY SALE OR DELIVERY OF BEER TO ANY
RETAIL LICENSEE WHOSE PLACE OF BUSINESS IS NOT WITHIN THE
TERRITORY GRANTED TO THE FRANCHISEE.
203G.
ANY BEER DISTRIBUTOR OR FRANCHISEE MAY BRING AN
ACTION AGAINST A BEER MANUFACTURER OR FRANCHISOR FOR
VIOLATION OF THIS SUBTITLE IN ANY COURT OF GENERAL
JURISDICTION IN THE STATE OF MARYLAND TO RECOVER DAMAGES
SUSTAINED BY REASON OF ANY VIOLATION OF THIS SUBTITLE
AND, WHERE APPROPRIATE, SHALL BE ENTITLED TO INJUNCTIVE
RELIEF. THE BEER DISTRIBUTOR OR FRANCHISEE, IF
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