(1) A wholesaler may not: (a) induce or coerce, or attempt to induce or coerce, a retailer to engage in an illegal act or course of conduct; (b) impose a requirement that is discriminatory by its terms or in the methods of enforcement as compared to requirements imposed by the wholesaler on similarly situated retailers; (c) prohibit a retailer from selling a product of another wholesaler; (d) fix or maintain the price at which a retailer may resell beer; (e) require a retailer to accept delivery of beer or any other item that is not voluntarily ordered by the retailer; (f) restrict or inhibit, directly or indirectly, the right of a retailer to participate in an organization representing interests of retailers for a lawful purpose; (g) require a retailer to participate in or contribute to a local, regional, or national advertising fund or other promotional activity; (h) retaliate against a retailer that files a complaint with the department or the applicable federal agency regarding an alleged violation by the wholesaler of a state or federal statute or administrative rule; and (i) refuse to deliver a beer product carried by the wholesaler to a properly licensed retailer who resides within the wholesaler's sales territory: (i) in a reasonable quantity; and (ii) within a reasonable time after receipt of the retailer's order. (2) Notwithstanding Subsection (1)(i), the wholesaler may refuse to deliver a beer product if the refusal is due to: (a) the retailer's failure to pay the wholesaler pursuant to Subsection 32B-4-704(6); (b) an unforeseeable event beyond the wholesaler's control; (c) a work stoppage or delay due to a strike or labor problem; (d) a bona fide shortage of materials; or (e) a freight embargo.
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