Illinois Compiled Statutes
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815 ILCS 720/3
(815 ILCS 720/3)
(from Ch. 43, par. 303)
Termination and notice of cancellation.
(1) Except as provided in subsection (3) of this Section, no brewer or
beer wholesaler may cancel, fail to renew, or otherwise terminate an
agreement unless the brewer or wholesaler furnishes prior notification to
the affected party in accordance with subsection (2).
(2) The notification required under subsection (1) shall be in writing
and sent to the affected party by certified mail not less than 90 days before
the date on which the agreement will be cancelled, not renewed, or otherwise
terminated. The notification shall contain (a) a statement of intention
to cancel, failure to renew, or otherwise terminate an agreement, (b) a
complete statement of reasons therefor, including all data and
documentation necessary to fully apprise the wholesaler of the reasons for
the action, and (c) the date on which the action shall take effect.
(3) A brewer may cancel, fail to renew, or otherwise terminate an agreement
without furnishing any prior notification for any of the following reasons:
(A) Wholesaler's failure to pay any account when due
and upon demand by the brewer for such payment, in accordance with agreed payment terms.
(B) Wholesaler's assignment for the benefit of
creditors, or similar disposition, of substantially all of the assets of such party's business.
(C) Insolvency of wholesaler, or the institution of
proceedings in bankruptcy by or against the wholesaler.
(D) Dissolution or liquidation of the wholesaler.
(E) Wholesaler's conviction of, or plea of guilty or
no contest, to a charge of violating a law or regulation, in this State which materially and adversely affects the ability of either party to continue to sell beer in this State, or the revocation or suspension of a license or permit to sell beer in this State.
(F) Any attempted transfer of business assets of the
wholesaler, voting stock of the wholesaler, voting stock of any parent corporation of the wholesaler, or any change in the beneficial ownership or control of any entity without obtaining the prior consent or approval as provided for under Section 6 unless the brewer neither approves, consents to, nor objects to the transfer within 60 days after receiving all requested information from the wholesaler regarding the proposed purchase, in which event the brewer shall be deemed to have consented to the proposed transaction.
(G) Fraudulent conduct by the wholesaler in its
dealings with the brewer.
(Source: P.A. 101-81, eff. 7-12-19.)