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SUBSTITUTE SENATE BILL NO. 4263
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AS AMENDED BY THE HOUSE
C 440 L 85
State of Washington 49th Legislature 1985 Regular Session
By Senate Committee on Commerce and Labor (originally sponsored by Senators Warnke, Sellar, Vognild, Hansen, Zimmerman, Moore, Bottiger, McDermott, Lee, Patterson, Guess, Halsan and Johnson)
Read first time 2/28/85.
AN ACT Relating to the enforcement of the wholesale distributor/supplier equity agreement act; amending RCW 19.126.050; and adding new sections to chapter 19.126 RCW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. Section 5, chapter 169, Laws of 1984 and RCW 19.126.050 are each amended to read as follows:
No supplier may:
(1) Coerce or induce, or attempt to induce or coerce, any wholesale distributor to engage in any illegal act or course of conduct;
(2) Require
a wholesale distributor to assent to any unreasonable requirement, condition,
understanding, or term of an agreement which prohibits a wholesaler from
selling the product of any other supplier or suppliers; ((or))
(3) Require a wholesale distributor to accept delivery of any product or any other item or commodity which was not ordered by the wholesale distributor; or
(4) Fail or refuse to enter into an agreement of distributorship with a wholesale distributor that handles the supplier's products.
NEW SECTION. Sec. 2. A new section is added to chapter 19.126 RCW to read as follows:
Continued violation of this chapter constitutes grounds, in the discretion of the state liquor control board, for suspension or cancellation under RCW 66.24.010 of any license or certificate held by a supplier or its agent.
NEW SECTION. Sec. 3. A new section is added to chapter 19.126 RCW to read as follows:
A person injured by a violation of this chapter may bring a civil action in a court of competent jurisdiction to enjoin further violations. Injunctive relief may be granted in an action brought under this chapter without the injured party being required to post bond if, in the opinion of the court, there exists a likelihood that the injured party will prevail on the merits.