3 CAR § 2-207 – Provisions of the preceding section applicable to distribution agreements for beer and light wine in the absence of written distribution agreements

(a)
1. (1) The provisions of 3 CAR § 2-206 shall be applicable to distribution agreements entered into in this state by brewers, manufacturers, or importers of beer and light wine, or their agents, in all cases where any distribution agreements between any such brewer, manufacturer, importer, or agent thereof and a licensed Arkansas beer wholesaler, as contemplated by Arkansas Code § 3-5-103, has not been reduced to a written agreement which includes the rights and remedies of the respective parties in the event of default or termination or modification of any agreement by such brewer, manufacturer, importer, or agent.
2. (2) In such cases, any brewer, manufacturer, or importer desiring to terminate any designated Arkansas wholesaler, appoint a different wholesaler in a previously designated territory, or modify the geographical territory previously assigned to any wholesaler must comply with each and every provision of 3 CAR § 2-206(g) requiring the filing of Wholesaler Change Requests with the Alcoholic Beverage Control Division and show good cause for any such desired termination, change, or modification of agreement.
3. (3) In all such cases where 3 CAR § 2-206(g) is determined by the Director of the Alcoholic Beverage Control Division to be applicable because of the lack of required written agreement pursuant to this section, the notice provisions, hearing requirement, procedures, and rights of appeal set out in 3 CAR § 2-206 for manufacturers and distributors of liquor and wine shall apply to manufacturers, brewers, and importers of beer and light wine and to their designated Arkansas wholesalers.
(b) It is further provided that any agreements or appointments entered into by beer manufacturers and beer wholesalers in this state after the effective date of Arkansas Code § 3-5-1101 et seq., are governed by the provisions of that Act.

Codification Notes: Subsection (a) as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Adopted 7-24-87)" This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "(Amended 8-19-93)"