TITLE 23

ALCOHOLIC BEVERAGES

CHAPTER 11

DISTRIBUTORS AND SUPPLIERS OF BEER

23-1112.  Judicial remedies of parties. (1) If a supplier engages in conduct prohibited under the provisions of this chapter, a distributor with which the supplier has an agreement may maintain a civil action against the supplier to recover actual damages, court costs, and, in the court’s discretion, attorney’s fees, reasonably incurred as the result of the prohibited conduct. If a distributor engages in conduct prohibited under the provisions of this chapter, a supplier with which the distributor has an agreement may maintain a civil action against the distributor to recover actual damages, court costs and, in the court’s discretion, attorney’s fees reasonably incurred as a result of the prohibited conduct. Actual damages shall include damages to any ancillary business incurred as a result of the prohibited conduct.

(2)  A supplier or distributor may bring an action for declaratory judgment for determination of any controversy arising pursuant to the provisions of this chapter.

(3)  Upon proper application to the court, a supplier or distributor may obtain injunctive relief against any violation of the provisions of this chapter.

(4)  The remedies provided in this section shall not abolish any other cause of action or remedy available to the supplier or the distributor.

(5)  Nothing contained in this chapter shall give rise to a claim against the supplier or distributor by any proposed transferee of the distributor’s business.

History:

[23-1112, added 1993, ch. 312, sec. 1, p. 1156.]