North Carolina § 18B-1200 - Construction; findings and purpose; exceptions.

§ 18B-1200. Construction; findings and purpose; exceptions.

This Article shall be liberally construed and applied to promote its underlying purposes and policies. The underlying purposes and policies of the Article are: To promote the compelling interest of the public in fair business relations between wine wholesalers and wineries, and in the continuation of wine wholesalerships on a fair basis; To protect wine wholesalers against unfair treatment by wineries; To provide wine wholesalers with rights and remedies in addition to those existing by contract or common law; and To govern all wine wholesalerships, including any renewals or amendments, to the full extent consistent with the Constitution of this State and the United States. The effect of this Article may not be waived or varied by contract or agreement. Any contract or agreement purporting to do so is void and unenforceable to the extent of that waiver or variance. A North Carolina winery holding a valid wine wholesaler permit issued pursuant to G.S. 18B-1101(7) and G.S. 18B-1107, when acting as its own master wholesaler, shall not be subject to the provisions of G.S. 18B-1204, 18B-1205, and 18B-1207. History (1983, c. 85, s. 2; 2005-340, s. 1; 2005-350, s. 4; 2006-264, s. 98; 2007-484, s. 37.) Editor's Note. - Session Laws 2005-340, which added subsection (d), in s. 2 provided in part: "This act shall be effective prospectively only and shall not apply to pending litigation or claims that accrued before the effective date of this act [August 26, 2005]." Session Laws 2006-264, s. 98, as amended by Session Laws 2007-484, s. 37, repealed Session Laws 2005-350, s. 4, which made the same amendments to this section as were made by Session Laws 2005-340. Effect of Amendments. - Session Laws 2005-340, s. 1, effective August 26, 2005, added "exceptions" to the section heading and added subsection (d). See Editor's note for applicability. Legal Periodicals. - For comment, "In Vino Veritas: Does the Twenty-First Amendment Really Protect a State's Right to Regulate Alcohol? An Overview of the North Carolina Wine Industry and the Continuing Wine Distribution Litigation," see 31 Campbell L. Rev. 123 (2008).