West Virginia ABC Letter Clarification

There has been some confusion over the supplier-distributor agreements referenced in the May 3, 2007 letter to Licensees from Marilyn Smith, Director of the West Virginia Wine & Spirits Administrations. The following clarification has been made with the West Virginia ABC during conversations with WI staff:

1) Members who currently have written agreements that provide for inventory buy-back from the terminated distributor do not have to amend their present agreements even if the termination agreement is other than 90 days.

2) Written agreements between suppliers and distributors with an inventory buy-back provision must be filed with the ABC. It should be noted the ABC’s only requirement is the buy-back provision.

3) The 90 day termination clause will take effect in the absence of any written agreement filed with the ABC

Should you have any questions please contact Annie Bones in the State Relations Department at 415-356-7530.