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2013 SESSION

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HB 1587 ABC; contemplated actions by brewery or beer wholesaler.

Introduced by: David B. Albo | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED HOUSE: (all summaries)

Alcoholic beverage control; powers of Alcoholic Beverage Control Board to issue certain case decisions. Empowers the Alcoholic Beverage Control Board to render a determination in response to a petition by any beer wholesaler against a brewery, or by any brewery against a beer wholesaler, in which the petitioner alleges that the respondent named in the petition as a matter of past or present fact has violated or attempted to violate, or has contemplated action that if carried out would violate, any provision of the Beer Franchise Act or subdivision 1 c of § 4.1-225. The bill also provides that the ABC Board may, if it finds that a brewery or beer wholesaler has frivolously maintained a petition or defense to a petition pursuant to the Beer Franchise Act, award reasonable costs and attorney fees to the prevailing party. The bill provides that the Board shall have the responsibility to promptly issue a written determination as to whether such violations or attempted violations have occurred or whether such violations would occur if such contemplated action of a named party were to be carried out. The bill requires the parties first to attempt a good faith resolution of the issue in question before petitioning the ABC Board.


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