Synopsis As Introduced Amends the Beer Industry Fair Dealing Act. Expands the list of prohibited conduct under the Act, as it applies to brewers, to include coercing a wholesaler to sign an agreement by threatening to refuse approval for the wholesaler's business; terminating an agreement because the wholesaler fails to agree to a renewal agreement; and presenting an agreement to the wholesaler that grants the brewer the unilateral right to amend the agreement without the wholesaler's consent. Provides that an agreement between a brewer and wholesaler must state and provide that the agreement is governed by the Beer Industry Fair Dealing Act and other matters. Changes the definition of the term "territory" or "sales territory" to mean the exclusive geographic area (rather than the geographical area) of primary sales responsibility designated by the agreement between a wholesaler and brewer for any brand, brands, or brand extensions (rather than brand or brands) of the brewer. Further adds that the "territory" or "sales territory" designated by the agreement may not be designated by address or specific location unless such specific address or location is part of a general and broad territory or sales territory description. Effective immediately.
House Committee Amendment No. 1 Requires an executed Illinois addendum to a wholesaler-brewer agreement to provide, in addition to other specified language, that any provision of the agreement requiring or attempting to require the wholesaler to waive compliance is void, unenforceable, and without legal effect and the applicable provisions of the Beer Industry Fair Dealing Act shall govern and control.
Deletes everything after the enacting clause and reinserts similar provisions with these changes and additions: provides that any provision of the Act supersedes any conflicting provision of agreements between brewers and wholesalers; provides that a wholesaler entering into an agreement containing provisions in conflict with the Act shall not be deemed to waive compliance with any provision of the Act; and makes various changes concerning prohibitions imposed upon brewers. Makes other changes. Effective immediately.
Senate Floor Amendment No. 1 Provides that no brewer shall coerce or attempt to coerce a transferring wholesaler (rather than wholesaler) to sign a renewal, replacement, or amendment to an agreement by threatening to refuse to approve or delay issuing an approval for the sale or transfer (rather than sale) of a wholesaler's business. Requires the wholesaler-brewer agreement to provide in substance (rather than state and provide) that the agreement is governed by all applicable provisions of State law, and that such State law is incorporated into the agreement, shall be deemed to be a part thereof, and shall supercede any provision of the agreement in conflict with such State law. Eliminates language requiring the agreement to state and provide that applicable provisions of State law shall govern and control.