{"law_id":"775462","section_number":"4.1-506","catch_line":"Notice of intent to terminate","history":"1978, c. 579, \u00a7 4-118.8; 1985, c. 549; 1993, c. 866; 1997, c. 183.","order_by":null,"metadata":false,"court_decisions":{"0":{"name":"Virginia Imports Limited v. Kirin Brewery of Americ","case_number":"2751024","citation":null,"date":"2003-12-16","url":"https:\/\/www.courtlistener.com\/opinion\/1064044\/virginia-imports-limited-v-kirin-brewery-of-americ\/","abstract":" .\u202f.\u202f. Code \u00a7 4.1-506(D). .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"1":{"name":"Specialty Bev. v. Va. Alc. Bev. Control","case_number":"0026072","citation":"655 S.E.2d 740","date":"2008-01-22","url":"https:\/\/www.courtlistener.com\/opinion\/1062874\/specialty-bev-v-va-alc-bev-control\/","abstract":" .\u202f.\u202f. the legislature expressed therein. .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"2":{"name":" .\u202f.\u202f. Virginia Imports, Ltd. v. Kirin Brewery of America, LLC and .\u202f.\u202f. ","case_number":"2400064","citation":null,"date":"2007-09-18","url":"https:\/\/www.courtlistener.com\/opinion\/1062950\/virginia-imports-ltd-v-kirin-brewery-of-america-ll\/","abstract":" .\u202f.\u202f. of Code .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"3":{"name":"Kirin Brewery of America, LLC v. Virginia Imports, Ltd.","case_number":"2464064","citation":null,"date":"2007-09-18","url":"https:\/\/www.courtlistener.com\/opinion\/1062956\/kirin-brewery-of-america-llc-v-virginia-imports-lt\/","abstract":" .\u202f.\u202f. of Code .\u202f.\u202f. ","court_html":"COA<\/abbr>"},"4":{"name":"Virginia Imports, Inc. v. Kirin Brewery of America, LLC","case_number":"CIV. 03-928-A","citation":"296 F. Supp. 2d 691","date":"2003-12-08","url":"https:\/\/www.courtlistener.com\/opinion\/2295758\/virginia-imports-inc-v-kirin-brewery-of-america-llc\/","abstract":" .\u202f.\u202f. intent to terminate the agreement. See Va.Code Ann. 4.1-506. Kirin described several grounds for the .\u202f.\u202f. ","court_html":"District Court, E.D. Virginia"}},"official_url":"http:\/\/law.lis.virginia.gov\/vacode\/4.1-506\/","refers_to":[{"id":"779360","section_number":"4.1-505","catch_line":"Cancellation","url":"\/4.1-505\/"}],"url":"\/4.1-506\/","token":"4.1\/5\/4.1-506","structure":{"1":{"id":"362","name":"Beer Franchise Act","identifier":"5","label":"chapter","url":"\/4.1\/5\/"},"2":{"id":"231","name":"Alcoholic Beverage Control Act","identifier":"4.1","label":"title","url":"\/4.1\/"}},"referred_to_by":[{"id":"793206","section_number":"4.1-504","catch_line":"Sale of brewery","url":"\/4.1-504\/"},{"id":"775462","section_number":"4.1-506","catch_line":"Notice of intent to terminate","url":"\/4.1-506\/"},{"id":"790891","section_number":"4.1-508","catch_line":"Remedies","url":"\/4.1-508\/"}],"edition_id":"11","section_id":"775462","structure_id":"362","full_text":"A Except as provided in subsection F, a brewery shall provide a wholesaler at least ninety days’ prior written notice of any intent to amend, terminate, cancel or not renew any agreement. The notice, a copy of which shall be mailed at the same time to the Board, shall state all the reasons for the intended amendment, termination, cancellation or nonrenewal.\r\rB Where the reason relates to a condition or conditions which may be rectified by action of the wholesaler, he shall have sixty days in which to take such action and shall, within the sixty-day period, give written notice to the brewery if and when such action is taken. A copy of the notice shall be mailed at the same time to the Board. If such condition has been rectified by action of the wholesaler, then the proposed amendment, termination, cancellation or nonrenewal shall be void and without legal effect. However, where the brewery contends that action on the part of the wholesaler has not rectified one or more of such conditions the brewery shall within fifteen days after the expiration of such sixty-day period request a hearing before the Board to determine if the condition has been rectified by action of the wholesaler.\r\rC Where the reason relates to a condition which may not be rectified by the wholesaler within the sixty-day period, the wholesaler may request a hearing before the Board to determine if there is good cause for the amendment, termination, cancellation or nonrenewal of the agreement.\r\rD Upon request in writing within the ninety-day period provided in subsection A from such brewery or wholesaler for a hearing, the Board shall, after notice and hearing, determine if the action of the wholesaler has rectified the condition or, as the case may be, if good cause exists for the amendment, termination, cancellation or nonrenewal of the agreement.\r\rE In any proceeding brought pursuant to this section in which the existence of good cause is an issue, the brewery shall have the burden of proving the existence of good cause. Where a petition is made to the Board in a timely manner for a determination, the agreement in question shall continue in effect pending the Board’s decision and any judicial review thereof, except in any case in which the Board makes a finding that there is good cause, as defined in \u00a7 4.1-505, for the amendment, termination, cancellation, or nonrenewal, in which case the brewery may, unless otherwise ordered by a court of record, discontinue the agreement in question.\r\rF No notice shall be required and an agreement may be immediately amended, terminated, cancelled or allowed to expire if the reason for the amendment, termination, cancellation or nonrenewal is:\r\r","text":{"0":{"id":"2500476","text":"Except as provided in subsection F, a brewery shall provide a wholesaler at least ninety days’ prior written notice of any intent to amend, terminate, cancel or not renew any agreement. The notice, a copy of which shall be mailed at the same time to the Board, shall state all the reasons for the intended amendment, termination, cancellation or nonrenewal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1},"1":{"id":"2500477","text":"Where the reason relates to a condition or conditions which may be rectified by action of the wholesaler, he shall have sixty days in which to take such action and shall, within the sixty-day period, give written notice to the brewery if and when such action is taken. A copy of the notice shall be mailed at the same time to the Board. If such condition has been rectified by action of the wholesaler, then the proposed amendment, termination, cancellation or nonrenewal shall be void and without legal effect. However, where the brewery contends that action on the part of the wholesaler has not rectified one or more of such conditions the brewery shall within fifteen days after the expiration of such sixty-day period request a hearing before the Board to determine if the condition has been rectified by action of the wholesaler.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1},"2":{"id":"2500478","text":"Where the reason relates to a condition which may not be rectified by the wholesaler within the sixty-day period, the wholesaler may request a hearing before the Board to determine if there is good cause for the amendment, termination, cancellation or nonrenewal of the agreement.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1},"3":{"id":"2500479","text":"Upon request in writing within the ninety-day period provided in subsection A from such brewery or wholesaler for a hearing, the Board shall, after notice and hearing, determine if the action of the wholesaler has rectified the condition or, as the case may be, if good cause exists for the amendment, termination, cancellation or nonrenewal of the agreement.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1},"4":{"id":"2500480","text":"In any proceeding brought pursuant to this section in which the existence of good cause is an issue, the brewery shall have the burden of proving the existence of good cause. Where a petition is made to the Board in a timely manner for a determination, the agreement in question shall continue in effect pending the Board’s decision and any judicial review thereof, except in any case in which the Board makes a finding that there is good cause, as defined in \u00a7 4.1-505, for the amendment, termination, cancellation, or nonrenewal, in which case the brewery may, unless otherwise ordered by a court of record, discontinue the agreement in question.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1},"5":{"id":"2500481","text":"No notice shall be required and an agreement may be immediately amended, terminated, cancelled or allowed to expire if the reason for the amendment, termination, cancellation or nonrenewal is:","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1},"6":{"id":"2500482","text":" The bankruptcy or receivership of the wholesaler;","type":"section","prefixes":["F","1"],"prefix":"1","entire_prefix":"F1","prefix_anchor":"F1","level":2},"7":{"id":"2500483","text":" An assignment for the benefit of creditors or similar disposition of the assets of the business other than the creation of a security interest in the assets of a wholesaler for the purpose of securing financing in the ordinary course of business; or","type":"section","prefixes":["F","2"],"prefix":"2","entire_prefix":"F2","prefix_anchor":"F2","level":2},"8":{"id":"2500484","text":" Revocation of the wholesaler’s license.","type":"section","prefixes":["F","3"],"prefix":"3","entire_prefix":"F3","prefix_anchor":"F3","level":2}},"ancestry":{"1":{"id":"362","name":"Beer Franchise Act","identifier":"5","label":"chapter","url":"\/4.1\/5\/"},"2":{"id":"231","name":"Alcoholic Beverage Control Act","identifier":"4.1","label":"title","url":"\/4.1\/"}},"structure_contents":{"0":{"id":"788912","structure_id":"362","section_number":"4.1-500","catch_line":"Definitions","url":"\/4.1-500\/","token":"4.1\/5\/4.1-500"},"1":{"id":"771137","structure_id":"362","section_number":"4.1-501","catch_line":"Applicability","url":"\/4.1-501\/","token":"4.1\/5\/4.1-501"},"2":{"id":"781458","structure_id":"362","section_number":"4.1-502","catch_line":"No inducement or coercion","url":"\/4.1-502\/","token":"4.1\/5\/4.1-502"},"3":{"id":"781545","structure_id":"362","section_number":"4.1-503","catch_line":"Sales territory","url":"\/4.1-503\/","token":"4.1\/5\/4.1-503"},"4":{"id":"793206","structure_id":"362","section_number":"4.1-504","catch_line":"Sale of brewery","url":"\/4.1-504\/","token":"4.1\/5\/4.1-504"},"5":{"id":"779360","structure_id":"362","section_number":"4.1-505","catch_line":"Cancellation","url":"\/4.1-505\/","token":"4.1\/5\/4.1-505"},"6":{"id":"775462","structure_id":"362","section_number":"4.1-506","catch_line":"Notice of intent to terminate","url":"\/4.1-506\/","token":"4.1\/5\/4.1-506"},"7":{"id":"779981","structure_id":"362","section_number":"4.1-507","catch_line":"Transfer of business","url":"\/4.1-507\/","token":"4.1\/5\/4.1-507"},"8":{"id":"790891","structure_id":"362","section_number":"4.1-508","catch_line":"Remedies","url":"\/4.1-508\/","token":"4.1\/5\/4.1-508"},"9":{"id":"765194","structure_id":"362","section_number":"4.1-509","catch_line":"Board proceedings and appellate review","url":"\/4.1-509\/","token":"4.1\/5\/4.1-509"},"10":{"id":"781420","structure_id":"362","section_number":"4.1-509.1","catch_line":"Board proceedings; contemplated actions by brewery or wholesaler","url":"\/4.1-509.1\/","token":"4.1\/5\/4.1-509.1"},"11":{"id":"777514","structure_id":"362","section_number":"4.1-510","catch_line":"Price of product","url":"\/4.1-510\/","token":"4.1\/5\/4.1-510"},"12":{"id":"777133","structure_id":"362","section_number":"4.1-511","catch_line":"Increase of prices","url":"\/4.1-511\/","token":"4.1\/5\/4.1-511"},"13":{"id":"767814","structure_id":"362","section_number":"4.1-512","catch_line":"Retaliatory action prohibited","url":"\/4.1-512\/","token":"4.1\/5\/4.1-512"},"14":{"id":"779477","structure_id":"362","section_number":"4.1-513","catch_line":"Management","url":"\/4.1-513\/","token":"4.1\/5\/4.1-513"},"15":{"id":"782414","structure_id":"362","section_number":"4.1-514","catch_line":"Discrimination prohibited","url":"\/4.1-514\/","token":"4.1\/5\/4.1-514"},"16":{"id":"790605","structure_id":"362","section_number":"4.1-515","catch_line":"Waiver prohibited; conflicts of laws","url":"\/4.1-515\/","token":"4.1\/5\/4.1-515"},"17":{"id":"765819","structure_id":"362","section_number":"4.1-516","catch_line":"Right of free association","url":"\/4.1-516\/","token":"4.1\/5\/4.1-516"},"18":{"id":"768973","structure_id":"362","section_number":"4.1-517","catch_line":"Reasonableness and good faith","url":"\/4.1-517\/","token":"4.1\/5\/4.1-517"}},"previous_section":{"id":"779360","structure_id":"362","section_number":"4.1-505","catch_line":"Cancellation","url":"\/4.1-505\/","token":"4.1\/5\/4.1-505"},"next_section":{"id":"779981","structure_id":"362","section_number":"4.1-507","catch_line":"Transfer of business","url":"\/4.1-507\/","token":"4.1\/5\/4.1-507"},"references":[{"id":"779360","section_number":"4.1-505","catch_line":"Cancellation","url":"\/4.1-505\/"},{"id":"790891","section_number":"4.1-508","catch_line":"Remedies","url":"\/4.1-508\/"}],"formats":{"txt":"\/4.1-506.txt","json":"\/4.1-506.json","xml":"\/4.1-506.xml"},"dublin_core":{"Title":"Notice of intent to terminate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 4.1-506","Relation":"Code of Virginia"},"plain_text":" CODE OF VIRGINIA\n\nNOTICE OF INTENT TO TERMINATE (\u00a7 4.1-506)\n\nA. Except as provided in subsection F, a brewery shall provide a wholesaler at\nleast ninety days’ prior written notice of any intent to amend, terminate,\ncancel or not renew any agreement. The notice, a copy of which shall be mailed\nat the same time to the Board, shall state all the reasons for the intended\namendment, termination, cancellation or nonrenewal.\n\nB. Where the reason relates to a condition or conditions which may be rectified\nby action of the wholesaler, he shall have sixty days in which to take such\naction and shall, within the sixty-day period, give written notice to the\nbrewery if and when such action is taken. A copy of the notice shall be mailed\nat the same time to the Board. If such condition has been rectified by action of\nthe wholesaler, then the proposed amendment, termination, cancellation or\nnonrenewal shall be void and without legal effect. However, where the brewery\ncontends that action on the part of the wholesaler has not rectified one or more\nof such conditions the brewery shall within fifteen days after the expiration of\nsuch sixty-day period request a hearing before the Board to determine if the\ncondition has been rectified by action of the wholesaler.\n\nC. Where the reason relates to a condition which may not be rectified by the\nwholesaler within the sixty-day period, the wholesaler may request a hearing\nbefore the Board to determine if there is good cause for the amendment,\ntermination, cancellation or nonrenewal of the agreement.\n\nD. Upon request in writing within the ninety-day period provided in subsection A\nfrom such brewery or wholesaler for a hearing, the Board shall, after notice and\nhearing, determine if the action of the wholesaler has rectified the condition\nor, as the case may be, if good cause exists for the amendment, termination,\ncancellation or nonrenewal of the agreement.\n\nE. In any proceeding brought pursuant to this section in which the existence of\ngood cause is an issue, the brewery shall have the burden of proving the\nexistence of good cause. Where a petition is made to the Board in a timely\nmanner for a determination, the agreement in question shall continue in effect\npending the Board’s decision and any judicial review thereof, except in\nany case in which the Board makes a finding that there is good cause, as defined\nin \u00a7 4.1-505, for the amendment, termination, cancellation, or nonrenewal, in\nwhich case the brewery may, unless otherwise ordered by a court of record,\ndiscontinue the agreement in question.\n\nF. No notice shall be required and an agreement may be immediately amended,\nterminated, cancelled or allowed to expire if the reason for the amendment,\ntermination, cancellation or nonrenewal is:\n\n 1. The bankruptcy or receivership of the wholesaler;\n\n 2. An assignment for the benefit of creditors or similar disposition of the\n assets of the business other than the creation of a security interest in the\n assets of a wholesaler for the purpose of securing financing in the ordinary\n course of business; or\n\n 3. Revocation of the wholesaler’s license.\n\nHISTORY: 1978, c. 579, \u00a7 4-118.8; 1985, c. 549; 1993, c. 866; 1997, c. 183."}