23-1033A. PROHIBITION OF CERTAIN TRADE PRACTICES BETWEEN BREWERS OR DEALERS AND WHOLESALERS. (1) It shall be unlawful for any brewer or dealer, directly or indirectly, or through an affiliate, subsidiary, officer, director, agent or employee:
(a) To require that any wholesaler purchase any such beer or other distributed products from such person to the exclusion in whole or in part of beer or other products made or imported by other dealers or brewers;
(b) To discriminate in price, allowance, rebate, refund, commission, discount, or service between the wholesalers purchasing beer or other products from such brewer or dealer;
(c) To threaten any wholesaler with any discrimination prohibited under subsection (1)(b) of this section, with the purpose or effect of changing or maintaining resale prices of the wholesaler;
(d) To impose conditions or restrictions on a wholesaler not generally imposed on other wholesalers of such brewer.
(2) Nothing in this section shall be deemed to prohibit brewers or dealers from selecting their own customers in bona fide transactions not in restraint of trade, nor to prohibit a brewer, or any affiliate or subsidiary of such brewer, duly licensed as a wholesaler from selling and distributing beer or other products manufactured by such brewer at wholesale to the exclusion of beer or other products manufactured by any other brewers. The terms "wholesaler" and "wholesalers" as used in this section shall mean a wholesaler or wholesalers licensed and engaged as such in the sale and distribution of beer in the state of Idaho.
History:
[23-1033A, added 1977, ch. 148, sec. 1, p. 326; am. 2000, ch. 428, sec. 1, p. 1383.]
Structure Idaho Code
Title 23 - ALCOHOLIC BEVERAGES
Section 23-1001 - DEFINITIONS.
Section 23-1002 - ALCOHOLIC CONTENT.
Section 23-1003 - BREWERS’, DEALERS’ AND WHOLESALERS’ LICENSES.
Section 23-1004 - DEALERS’ LICENSE FEE.
Section 23-1005 - QUALIFICATIONS OF LICENSEES.
Section 23-1005A - TRANSFER OF LICENSE — FEE — APPLICATION FOR APPROVAL.
Section 23-1006 - RECORDS AND RETURNS OF LICENSEES — INVESTIGATIONS AND EXAMINATIONS.
Section 23-1008 - TAX — DISTRIBUTION — RULES — REPORTS.
Section 23-1009 - RETAILERS’ LOCAL LICENSES.
Section 23-1011 - ISSUANCE OF LICENSES.
Section 23-1011A - OFFICERS MAY EXAMINE PREMISES.
Section 23-1011B - BARS OR TAVERNS NOT ALLOWED NEAR CHURCHES OR SCHOOLS — EXCEPTIONS.
Section 23-1012 - HOURS OF SALE.
Section 23-1013 - RESTRICTIONS CONCERNING AGE.
Section 23-1014 - LICENSE FEES.
Section 23-1015 - COUNTY RETAILERS’ LICENSE, WHEN REQUIRED, PROCEDURE.
Section 23-1016 - MUNICIPAL LICENSE ALSO REQUIRED — PROCEDURE.
Section 23-1017 - INTENTION OF PRECEDING SECTION.
Section 23-1018 - SALE OF KEG BEER — PENALTIES.
Section 23-1022 - SEPARABILITY.
Section 23-1023 - BEER — AUTHORIZATION TO DELIVER.
Section 23-1024 - FALSE REPRESENTATION AS BEING TWENTY-ONE OR MORE YEARS OF AGE A MISDEMEANOR.
Section 23-1025 - LICENSE AND TRANSFER FEES — ALCOHOL BEVERAGE CONTROL FUND.
Section 23-1027 - CERTIFICATE OF APPROVAL REQUIRED OF MANUFACTURER.
Section 23-1028 - WAREHOUSE AND RECORDS OF WHOLESALERS AND DEALERS.
Section 23-1029 - POSTING OF PRICES.
Section 23-1030 - SIZE OF CONTAINERS.
Section 23-1031 - EXTENSION OF CREDIT.
Section 23-1032 - FINANCIAL INTEREST IN DEALER OR WHOLESALER PROHIBITED.
Section 23-1033 - FINANCIAL INTEREST IN OR AID TO RETAILERS PROHIBITED — CERTAIN AID PERMITTED.
Section 23-1034 - SANITATION RULES FOR RETAILERS.
Section 23-1035 - RETAILER’S SIGNS.
Section 23-1036 - TAP MARKERS.
Section 23-1037A - LICENSES — SUSPENSION OR REVOCATION FOR VIOLATION OF OBSCENITY LAWS.
Section 23-1038 - SUSPENSION, REVOCATION, AND REFUSAL TO RENEW LICENSES.
Section 23-1042 - PROCEDURE FOR OTHER LICENSING AUTHORITIES.
Section 23-1043 - NOTICE OF REVOCATION OR SUSPENSION TO OTHER LICENSING AUTHORITIES.
Section 23-1044 - PROCEDURE ON REFUSAL TO GRANT LICENSE.
Section 23-1046 - SEPARABILITY.
Section 23-1047 - PAYMENT OF TAXES ON BEER.
Section 23-1048 - LIABILITY FOR PAYMENT OF TAXES ON BEER.
Section 23-1049 - SECURITY FOR TAX.
Section 23-1050A - COLLECTION AND ENFORCEMENT.
Section 23-1051 - REGULATIONS.
Section 23-1052 - LICENSE REVOCATION OR SUSPENSION FOR FAILURE TO PAY OR REPORT TAX.
Section 23-1053 - AUDITS OF RECORDS OF LICENSEE.
Section 23-1054 - REFUND OF TAXES.
Section 23-1055 - UNLAWFUL SALE, PURCHASES AND ACTS.
Section 23-1056 - USE OF ALTERNATIVE METHOD — TIME WHEN AUTHORIZED.