We are a brewpub in NY State that sells about 35% of our beer at wholesale. We currently self-distribute in the Hudson Valley and Capital Region of NY to a number of bars, restaurants, and occasionally a beer store or two. We have an opportunity to sell a number of kegs (say 5-6 at a time, once or twice a month) to a beer store in a nearby city that we don't currently service. It could be a good opportunity for us to make some extra money in a new market, attract some business to the brewpub and sell off some extra beer during a slow time of the year.
My concern is that because they are both a store and licensed wholesaler, I'm worried that if we sell them beer they could eventually claim our distribution rights. We can tell them not to resell our beer, but if they do resell a keg they could then claim to have distributed our beer. I've heard of a few incidents of this happening in the past in NY state.
Although I'm asking about NY specifically I can see where this situation could apply to other states that allow small brewers to self distribute.
Has anyone ever run into this situation before, if so how did you protect your distribution rights? Did you use a contract or release letter to insure that no one could claim your distribution rights without your consent?
Thanks in advance for any help.
Cheers!
My concern is that because they are both a store and licensed wholesaler, I'm worried that if we sell them beer they could eventually claim our distribution rights. We can tell them not to resell our beer, but if they do resell a keg they could then claim to have distributed our beer. I've heard of a few incidents of this happening in the past in NY state.
Although I'm asking about NY specifically I can see where this situation could apply to other states that allow small brewers to self distribute.
Has anyone ever run into this situation before, if so how did you protect your distribution rights? Did you use a contract or release letter to insure that no one could claim your distribution rights without your consent?
Thanks in advance for any help.
Cheers!
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