IL SB3179

Brewers cannot fail or refuse to fill orders for beer requested by wholesalers until reasonable compensation is accepted by the affected wholesaler following cancellation or termination of an agreement.

When a brewer's products represent 10% or less of a wholesaler's total annual volume, the brewer must make a written offer of reasonable compensation; the wholesaler has 30 days to accept or reject it.

If compensation cannot be agreed upon, either party may elect expedited binding arbitration under American Arbitration Association commercial rules, with proceedings concluded within 90 days and costs split equally between parties.

During arbitration or Section 9 proceedings, wholesalers retain the affected beer brands until receiving payment of determined reasonable compensation.

If a brewer fails to ship ordered brands before making payment to the wholesaler, the wholesaler is entitled to injunctive relief, attorneys' fees, and punitive damages.