Montana § 16-3-502 - Definitions

§ 16-3-502. Definitions

Definitions. As used in this part, unless the context requires otherwise, the following definitions apply: (1) "Agreement of distributorship" means a contract, agreement, commercial relationship, license, or other arrangement for a definite or an indefinite period of time between a supplier and a distributor that provides for the sale of beer, table wine, or sacramental wine by the supplier to the distributor. (2) "Distribute" means to: (a) deliver beer, table wine, or sacramental wine: (i) to a retailer's premises licensed to sell beer, table wine, or sacramental wine; (ii) to a noncontiguous storage area as allowed in 16-3-311 (6); (iii) pursuant to an approved alternative delivery arrangement in 16-3-516 (7); and (iv) to an alternate alcoholic beverage storage facility as allowed in 16-4-213 (8); and (b) to deliver table wine to an agency liquor store. (3) "Good cause" means failure by a distributor to comply with reasonable business requirements imposed, or sought to be imposed, by a supplier under the terms of an agreement of distributorship if the requirements are imposed on other similarly situated distributors either by the terms of their agreements or in the manner of their enforcement by the supplier. (4) "Person" means a natural person, corporation, partnership, trust, agency, or other entity and includes individual officers, directors, or other persons in active control of the activities of the entity. (5) "Supplier" means a brewery, winery, or an importer of beer, table wine, or sacramental wine that enters into or is a party to an agreement of distributorship with a distributor.