§ 18B‑1302.  Franchise agreement.
(a)	Nature of Agreement. – A franchise agreement is a commercial relationship between a wholesaler and supplier of a definite or indefinite duration, whether written or oral, including:
(1)	A relationship whereby a wholesaler is granted the right to offer and sell the brands of malt beverages offered by the supplier; or
(2)	An agreement whereby a supplier grants to a wholesaler a license to use a trade name, trademark, service mark or related characteristic and in which there is a community of interest in the marking of the products of the supplier by lease or otherwise.
(b)	Existence of Agreement. – A franchise agreement as described in subsection (a) exists when:
(1)	The supplier has shipped malt beverages to a wholesaler or accepted an order for malt beverages from the wholesaler;
(2)	A wholesaler has paid or the supplier has accepted payment for an order of malt beverages intended for sale within this State;
(3)	The supplier and wholesaler have filed with the Commission a distribution agreement as required by G.S. 18B‑1303; or
(4)	A supplier acquires the right to manufacture a malt beverage product, or the trade name for such product, or the right to distribute a product, for which a wholesaler has a franchise agreement. (1989, c. 142, s. 1; 2005‑350, s. 5.)