Additional prohibited acts by supplier.
1.Prohibit a wholesaler from selling an alcoholic beverage of any other supplier;
2.Prevent a wholesaler from using best efforts to sell, market, advertise or promote an alcoholic beverage of any other supplier;
3.Provide any reward or penalty to, or in any other way condition its relationship with, a wholesaler based upon the amount of sales the wholesaler makes of an alcoholic beverage of any other supplier;
4.Disapprove a wholesaler’s selection of a general manager or successor general manager based on the wholesaler’s sales, marketing, advertising, promotion or retail placement of an alcoholic beverage of any other supplier;
5.Require a wholesaler to report to the supplier any of the wholesaler’s financial information associated with the purchase, sale or distribution of an alcoholic beverage of any other supplier;
6.Fix or maintain the price at which a wholesaler may resell an alcoholic beverage purchased from the supplier;
7.Require a wholesaler to pay to the supplier all or any portion of the difference in the suggested retail price of an alcoholic beverage and the actual price at which the wholesaler sells the alcoholic beverage;
8.Require a wholesaler to accept delivery of any alcoholic beverage or any other item that is not voluntarily ordered by the wholesaler or otherwise not required under the franchise between the supplier and wholesaler or is in violation of any levels of inventory that are mutually agreed upon in writing by the supplier and wholesaler;
9.Prohibit or restrain, directly or indirectly, a wholesaler from participating in an organization that represents the interests of wholesalers for any lawful purpose;
10.Discriminate against, penalize or otherwise retaliate against a wholesaler because the wholesaler raises, alleges or otherwise brings to the attention of the Department of Taxation an actual, potential or perceived violation of this chapter; or
11.Require a wholesaler to participate in or contribute to any advertising fund or promotional activity that:
(a)Is not used for advertising or a promotional activity in the marketing area of the wholesaler; or
(b)Requires a contribution by the wholesaler that exceeds any amount specified for that purpose in the franchise.
Section 597.162 — Additional prohibited acts by supplier.,