00HOUSE BILL NO. 150                                                                                                    
01 "An Act relating to franchise agreements for the sale of alcoholic beverages."                                          
02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
03    * Section 1.  AS 04.16 is amended by adding a new section to read:                                                 
04  Sec. 04.16.160.  Alcoholic beverage franchise agreements.  (a)  If more than                                        
05 one franchise for the same brand of alcoholic beverage is awarded by an alcoholic                                       
06 beverage supplier to different wholesalers in this state, the supplier awarding the                                     
07 franchise may not discriminate between wholesalers in the terms, provisions, or                                         
08 conditions of the franchise agreement.  A franchise agreement for the sale of an                                        
09 alcoholic beverage may not be unilaterally terminated by a supplier nor may a                                           
10 wholesaler be required to withdraw from the agreement unless the supplier awarding                                      
11 the franchise has established good cause for the termination or withdrawal.                                             
12  (b)  A wholesaler may bring a civil action to recover damages for a violation                                         
13 of this section.  It is a defense to a civil action for a violation of this section that the                            
14 alleged violation was done in good faith and for good cause.                                                            

01  (c)  In this section,                                                                                                 
02   (1)  "franchise" means a contract or agreement between a supplier and                                                
03 a wholesaler in which the wholesaler is awarded the right to offer, sell, and distribute                                
04 specified alcoholic beverages in this state;                                                                            
05   (2)  "supplier" means a distiller, brewer, vintner, or importer of alcoholic                                         
06 beverages, and includes an exclusive agent for a distiller, brewer, vintner, or importer                                
07 of alcoholic beverages;                                                                                                 
08   (3)  "wholesaler" means a person licensed under AS 04.11.160.                                                        
09    * Sec. 2.  APPLICABILITY.  This Act applies to a contract or agreement entered into on                             
10 or after the effective date of this Act.