180:3 Cancellation. –
I. Notwithstanding the terms, provisions, or conditions of any agreement, no beverage manufacturer, brew pub, or beverage vendor shall amend, cancel, terminate, or refuse to continue or renew any agreement, or cause a wholesale distributor to resign from an agreement, unless good cause can be established or proven for amendment, termination, cancellation, nonrenewal, noncontinuation, or resignation. Good cause shall include:
(a) Revocation of the wholesale distributor's license to do business in the state, or suspension of the wholesale distributor's license when such suspension adversely affects the wholesale distributor's ability to sell beverages.
(b) Bankruptcy or insolvency of the wholesale distributor.
(c) Assignment for the benefit of creditors or similar disposition of the assets of the wholesale distributor.
(d) Failure by the wholesale distributor to comply substantially, without reasonable excuse or justification, with any reasonable and material requirement, including but not limited to those specified in RSA 180:11, imposed upon the wholesale distributor by the beverage manufacturer, brew pub, or beverage vendor.
(e) Fraudulent conduct of the wholesale distributor in its dealing with the beverage manufacturer, brew pub, or beverage vendor or the products of the beverage manufacturer, brew pub, or beverage vendor.
II. The mere sale or purchase of a beverage manufacturer, brew pub, or beverage vendor shall not constitute good cause under paragraph I, unless the wholesale distributor declines to execute an agreement with the successor beverage manufacturer, brew pub, or beverage vendor within 30 days after receipt via certified mail return receipt requested. Such agreement must assign the same brand or brands and territory as previously held by the wholesaler distributor in its agreement with the prior beverage manufacturer, brew pub, or beverage vendor, but may impose different obligations upon the parties, which are commercially reasonable and attainable. The successor beverage manufacturer, brew pub, or beverage vendor shall have 60 days after purchase to provide the wholesale distributor with such an agreement or it shall waive its right to present a new agreement, in which case the agreement with the prior beverage manufacturer, brew pub, or beverage vendor shall continue in full force and effect.