2006 Minnesota Statutes

325B.05 NOTICE OF INTENT TO TERMINATE.
    Subdivision 1. Notices; time limit. (a) Notwithstanding any provision to the contrary in
any agreement between a brewer and a wholesaler, a brewer who intends to terminate, cancel,
discontinue, or refuse to renew an agreement with a wholesaler must furnish written notice to
that effect to the wholesaler not less than 90 days before the effective date of the intended action
and must provide the wholesaler with a bona fide opportunity to substantially cure any claimed
deficiency within the 90 days.
(b) The notice must be sent by certified mail and must contain, at a minimum, (1) the
effective date of the intended action, and (2) a statement of the nature of the intended action
and the brewer's reasons therefor.
(c) In no event may a termination, cancellation, discontinuance, or nonrenewal be effective
until at least 90 days from the wholesaler's receipt of written notice under this section, unless the
wholesaler has consented in writing to a shorter period.
    Subd. 2. Notices; other provisions. Notwithstanding subdivision 1 or section 325B.04, a
brewer may terminate or refuse to renew an agreement on not less than 15 days' written notice to
the wholesaler, upon any of the following occurrences:
(1) the bankruptcy or insolvency of the wholesaler;
(2) an assignment of the wholesaler's assets for the benefit of creditors, or a similar
disposition of those assets;
(3) revocation of the wholesaler's license under section 340A.304; or
(4) conviction or a plea of guilty or no contest to a charge of violating any state or federal
law, where the violation materially affects the wholesaler's right to remain in business. A notice
under this subdivision must meet the requirements of subdivision 1, paragraph (b).
History: 1977 c 328 s 5; 1994 c 611 s 4