Illinois Compiled Statutes 815 ILCS 720 — Beer Industry Fair Dealing Act.

This Act shall be known and may be cited as the "Beer Industry Fair Dealing Act"

This Act shall be known and may be cited as the "Beer Industry Fair Dealing Act". (Source: P.A. 82-946.)

As used in this Act: (1) "Beer" means a beverage obtained by the alcoholic fermentation of an infusion or concoction of barley, or other grain, malt, and hops in water, and includes, among other things, beer, ale, stout, lager beer, porter, all beverages brewed or fermented wholly or in part from malt products, and the…

Purposes

Purposes. The purposes and scope of this Act are: (A) This Act is promulgated pursuant to authority of the State under the provisions of the Twenty-First Amendment to the United States Constitution to promote the public's interest in fair, efficient and competitive distribution of malt beverage products by regulation a…

Termination and notice of cancellation

Termination and notice of cancellation. (1) Except as provided in subsection (3) of this Section, no brewer or beer wholesaler may cancel, fail to renew, or otherwise terminate an agreement unless the brewer or wholesaler furnishes prior notification to the affected party in accordance with subsection (2). (2) The noti…

Cancellation

Cancellation. No brewer or beer wholesaler may cancel, fail to renew or otherwise terminate an agreement unless the party intending that action has good cause for the cancellation, failure to renew or termination, has made good faith efforts to resolve disagreements, and, in any case in which prior notification is requ…

Prohibited conduct

Prohibited conduct. No brewer shall: (1) Induce or coerce, or attempt to induce or coerce, any wholesaler to engage in any illegal act or course of conduct either by threatening to amend, modify, cancel, terminate, or refuse to renew any agreement existing between the brewer and the wholesaler, or by any other means. (…

Transfer of business assets or stock

Transfer of business assets or stock. (1) No brewer shall unreasonably withhold or delay its approval of any assignment, sale or transfer of the stock of a wholesaler or all or any portion of a wholesaler's assets, wholesaler's voting stock, the voting stock of any parent corporation, or the beneficial ownership or con…

Reasonable compensation

Reasonable compensation. (1) Subject to the right of any party to an agreement to pursue any remedy provided in Section 9, any brewer that cancels, terminates or fails to renew any agreement, or unlawfully denies approval of, or unreasonably withholds consent, to any assignment, transfer or sale of a wholesaler's busin…

Right of free association

Right of free association. No brewer or wholesaler shall restrict or inhibit, directly or indirectly, the right of free association among brewers or wholesalers for any lawful purpose. (Source: P.A. 82-946.)

Judicial and other remedies

Judicial and other remedies. (1) If the brewer or wholesaler who is a party to an agreement pursuant to this Act fails to comply with this Act or otherwise engages in conduct prohibited under this Act, the affected party may maintain a civil suit in court if the cause of action directly relates to or stems from the rel…

Coverage and effective date

Coverage and effective date. This Act shall apply to agreements entered into after August 19, 1982. (Source: P.A. 85-1270.)