Minnesota Statutes

Minn. Stat. § 325B.05 (2026)

Notice Of Intent To Terminate

✓ current as of May 2026

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Subdivision 1.Notices; time limit.

(a) Notwithstanding any provision to the contrary in any agreement between a brewer and a wholesaler, a brewer who intends to terminate, cancel, discontinue, or refuse to renew an agreement with a wholesaler must furnish written notice to that effect to the wholesaler not less than 90 days before the effective date of the intended action and must provide the wholesaler with a bona fide opportunity to substantially cure any claimed deficiency within the 90 days.

(b) The notice must be sent by certified mail and must contain, at a minimum, (1) the effective date of the intended action, and (2) a statement of the nature of the intended action and the brewer's reasons therefor.

(c) In no event may a termination, cancellation, discontinuance, or nonrenewal be effective until at least 90 days from the wholesaler's receipt of written notice under this section, unless the wholesaler has consented in writing to a shorter period.

Subd. 2.Notices; other provisions.

Notwithstanding subdivision 1 or section 325B.04, a brewer may terminate or refuse to renew an agreement on not less than 15 days' written notice to the wholesaler, upon any of the following occurrences:

(1) the bankruptcy or insolvency of the wholesaler;

(2) an assignment of the wholesaler's assets for the benefit of creditors, or a similar disposition of those assets;

(3) revocation of the wholesaler's license under section 340A.304; or

(4) conviction or a plea of guilty or no contest to a charge of violating any state or federal law, where the violation materially affects the wholesaler's right to remain in business. A notice under this subdivision must meet the requirements of subdivision 1, paragraph (b).

Notes of Decisions

Cited in 2 cases, 1988–2000 · leading case: Crowley Beverage Co., Inc. v. Miller Brewing Co., Crowley Beverage Co., Inc. v. Miller Brewing Co., 862 F.2d 688 (8th Cir. 1988).

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Crowley Beverage Co., Inc. v. Miller Brewing Co., Crowley Beverage Co., Inc. v. Miller Brewing Co., 862 F.2d 688 (8th Cir. 1988). “In accordance with Minn. Stat.Ann. § 325B.05, Crowley was given ninety days to cure the deficiencies set forth in the notice.”

Arneson Distrib. Co. v. Miller Brewing Co., 117 F. Supp. 2d 905 (D. Minnesota 2000). · cites it 4× “rs Act The Beer Brewers and Wholesalers Act provides, in relevant part, as follows: Notwithstanding the terms, provisions or conditions of any agreement, no brewer shall amend, cancel, terminate or refuse to continue to renew any agreement, or cause a wholesaler to resign from…”

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