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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 7, 2007
H. 3218
S. Printed 3/7/07--H.
Read the first time January 11, 2007.
To whom was referred a Bill (H. 3218) to amend Section 61-4-1115, as amended, Code of Laws of South Carolina, 1976, relating to agreements between importers and foreign brewers of beer which are binding, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 61-4-1115 of the 1976 Code, as last amended by Act 173 of 2005, is further amended to read:
"Section 61-4-1115. For the purpose of this article, when a registered producer is an importer of beer produced by a brewer located outside of the United States, the importer is considered to be the agent of the foreign brewer and an agreement subject to the provisions of this article between a wholesaler and the importer is binding on a successor importer of beer produced by that foreign brewer, its successor, or its assignee. For the purposes of this article, when a producer, as defined in Section 61-4-300, or primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, transfers a brand of beer to another producer or primary American source of supply, the assignment of territory of that brand to a wholesaler, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply. The successor producer or primary American source of supply and the existing wholesaler shall enter, in good faith, into a new distribution agreement that is not inconsistent with the laws of this State."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
HARRY F. CATO for Committee.
TO AMEND SECTION 61-4-1115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AGREEMENTS BETWEEN IMPORTERS AND FOREIGN BREWERS OF BEER WHICH ARE BINDING ON SUCCESSOR IMPORTERS, SO AS TO REVISE THE PROVISIONS OF THIS SECTION SO THAT THE PROVISIONS ALSO APPLY TO DOMESTIC BRANDS OF BEER AND TO STIPULATE THAT WHEN A PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY TRANSFERS, CONVEYS, OR ASSIGNS A BRAND OF BEER TO ANOTHER PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY, THE ASSIGNMENT OF TERRITORY OF THAT BRAND TO A WHOLESALER, AS REQUIRED BY LAW, IS BINDING ON THE SUCCESSOR PRODUCER OR PRIMARY AMERICAN SOURCE OF SUPPLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 61-4-1115 of the 1976 Code, as last amended by Act 173 of 2005, is further amended to read:
"Section 61-4-1115. For the purpose of this article, when a registered producer is an importer of beer produced by a brewer located outside of the United States, the importer is considered to be the agent of the foreign brewer and an agreement subject to the provisions of this article between a wholesaler and the importer is binding on a successor importer of beer produced by that foreign brewer, its successor, or its assignee. For the purpose of this article and Article 13 of this chapter, when a producer, as defined in Section 61-4-300, or the primary American source of supply, as defined in Section 61-4-340, who is registered to sell beer to wholesalers in this State, transfers, conveys, or assigns a brand of beer to another producer or primary American source of supply, the assignment of territory of that brand to a wholesaler, required pursuant to Section 61-4-1300, is binding on the successor producer or primary American source of supply."
SECTION 2. This act takes effect upon approval by the Governor.
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