First Regular Session 116th General Assembly (2009)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
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    HOUSE ENROLLED ACT No. 1037



     AN ACT to amend the Indiana Code concerning alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-3-25-4.5; (09)HE1037.1.1. -->
    SECTION 1. IC 7.1-3-25-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall:
        (1) reappoint the existing wholesaler for:
            (A) all acquired products; and
            (B) the territories covered by the existing wholesaler for the products; or
        (2) comply with this chapter to transfer the products to another wholesaler.
    (b) If the products acquired by a successor represent at least fifteen percent (15%) of an existing wholesaler's dollar sales in the twelve (12) months preceding the closing of the transaction in which the successor acquires the products, the successor:
        (1) shall reappoint the existing wholesaler for:
            (A) all acquired products; and
            (B) the territories covered by the existing wholesaler for the products; and
        (2) may not transfer the product to another wholesaler.

SOURCE: IC 7.1-3-25-6; (09)HE1037.1.2. -->     SECTION 2. IC 7.1-3-25-6, AS ADDED BY P.L.224-2005, SECTION 19, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2009]: Sec. 6. The successor shall notify the existing

wholesaler of the successor's intent not to appoint the existing wholesaler for all or a part of the existing wholesaler's territory for the product not later than sixty (60) days after the closing of the transaction in which the successor acquires the product. The successor shall mail the notice by certified mail, return receipt requested, to the existing wholesaler. The successor shall include in the notice the names, addresses, and telephone numbers of the successor's designees.


HEA 1037

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