(a) In this subtitle the following words have the meanings indicated. (b) "Beer distributor" means a person that imports or causes to be imported into the State, or purchases or causes to be purchased in the State, beer for sale or resale to a retail dealer licensed under this article without regard to whether the business of the person is conducted under a beer franchise agreement or another form of agreement with a beer manufacturer. (c) "Beer franchise agreement" means: (1) a commercial relationship between a beer distributor and beer manufacturer that: (i) is of a definite or indefinite duration; and (ii) is not required to be in writing; (2) a relationship in which a beer manufacturer grants a beer distributor the right to offer and sell the brands of beer offered by the beer manufacturer; (3) a relationship in which a beer distributor, as an independent business, constitutes a component of a beer manufacturer's distribution system; (4) a relationship in which a beer distributor's business is substantially associated with a beer manufacturer's brand, advertising, or another commercial symbol that designates the beer manufacturer; (5) a relationship in which a beer distributor's business relies substantially on a beer manufacturer for the continued supply of beer; or (6) a written or oral arrangement of definite or indefinite duration in which: (i) a beer manufacturer grants to a beer distributor the right to use a trade name, trademark, service mark, or related characteristic; and (ii) there is a community of interest in the marketing of goods or services at wholesale or retail, by lease, or by another method. (d) "Beer manufacturer" means: (1) a brewer, fermenter, processor, bottler, or packager of beer located in or outside the State; or (2) a person located in or outside the State that enters into a beer franchise agreement with a beer distributor doing business in the State. (e) "Fair market value" means the price at which an asset would change hands between a willing seller and a willing buyer when: (1) neither is acting under any compulsion; and (2) both have knowledge of all of the relevant facts. (f) "Franchisee" means: (1) a beer distributor to whom a beer franchise agreement is granted or offered; or (2) a beer distributor that is a party to a beer franchise agreement. (g) "Franchisor" means a beer manufacturer that: (1) enters into a beer franchise agreement with a beer distributor; or (2) is a party to a beer franchise agreement. (h) "Sales territory" means the area of sales responsibility designated by a beer franchise agreement for the brand or brands of beer of a beer manufacturer.
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