|
| | SB0996 Engrossed | | LRB101 06594 JLS 51621 b |
|
|
| 1 | | AN ACT concerning business.
|
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly:
|
| 4 | | Section 5. The Beer Industry Fair Dealing Act is amended by |
| 5 | | changing Section 3 as follows:
|
| 6 | | (815 ILCS 720/3) (from Ch. 43, par. 303)
|
| 7 | | Sec. 3. Termination and notice of cancellation.
|
| 8 | | (1) Except as provided in subsection (3) of this Section, |
| 9 | | no brewer or
beer wholesaler may cancel, fail to renew, or |
| 10 | | otherwise terminate an
agreement unless the brewer or |
| 11 | | wholesaler furnishes prior notification to
the affected party |
| 12 | | in accordance with subsection (2).
|
| 13 | | (2) The notification required under subsection (1) shall be |
| 14 | | in writing
and sent to the affected party by certified mail not |
| 15 | | less than 90 days before
the date on which the agreement will |
| 16 | | be cancelled, not renewed, or otherwise
terminated. The |
| 17 | | notification shall contain (a) a statement of intention
to |
| 18 | | cancel, failure to renew, or otherwise terminate an agreement, |
| 19 | | (b) a
complete statement of reasons therefor therefore, |
| 20 | | including all data and
documentation necessary to fully apprise |
| 21 | | the wholesaler of the reasons for
the action, and (c) the date |
| 22 | | on which the action shall take effect.
|
| 23 | | (3) A brewer may cancel, fail to renew, or otherwise |
|
| | SB0996 Engrossed | - 2 - | LRB101 06594 JLS 51621 b |
|
|
| 1 | | terminate an agreement
without furnishing any prior |
| 2 | | notification for any of the following reasons:
|
| 3 | | (A) Wholesaler's failure to pay any account when due |
| 4 | | and upon demand by
the brewer for such payment, in |
| 5 | | accordance with agreed payment terms.
|
| 6 | | (B) Wholesaler's assignment for the benefit of |
| 7 | | creditors, or similar
disposition, of substantially all of |
| 8 | | the assets of such party's business.
|
| 9 | | (C) Insolvency of wholesaler, or the institution of |
| 10 | | proceedings in
bankruptcy by or against the wholesaler.
|
| 11 | | (D) Dissolution or liquidation of the wholesaler.
|
| 12 | | (E) Wholesaler's conviction of, or plea of guilty or no |
| 13 | | contest, to a
charge of violating a law or regulation, in |
| 14 | | this State which materially
and adversely affects the |
| 15 | | ability of either party to continue to sell beer
in this |
| 16 | | State, or, unless otherwise provided by agreement, the |
| 17 | | revocation or suspension of a license or permit to
sell |
| 18 | | beer in this State for a period of not less than 30 days |
| 19 | | which has a material and adverse effect on the wholesaler's |
| 20 | | ability to sell beer in this State.
|
| 21 | | (F) Any attempted transfer of business assets of the |
| 22 | | wholesaler, voting
stock of the wholesaler, voting stock of |
| 23 | | any parent corporation of the
wholesaler, or any change in |
| 24 | | the beneficial ownership or control of any
entity without |
| 25 | | obtaining the prior consent or approval as provided for |
| 26 | | under
Section 6 unless the brewer neither approves, |
|
| | SB0996 Engrossed | - 3 - | LRB101 06594 JLS 51621 b |
|
|
| 1 | | consents to, nor objects to the
transfer within 60 days |
| 2 | | after receiving all requested information from the
|
| 3 | | wholesaler regarding the proposed purchase, in which event |
| 4 | | the brewer shall be
deemed to have consented to the |
| 5 | | proposed transaction.
|
| 6 | | (G) Fraudulent conduct by the wholesaler in its |
| 7 | | dealings with the brewer.
|
| 8 | | (Source: P.A. 88-410; revised 10-9-18.)
|
| 9 | | Section 99. Effective date. This Act takes effect upon |
| 10 | | becoming law.
|