STATE OF OKLAHOMA

1st Session of the 53rd Legislature (2011)

SENATE BILL 383	By:	Johnson (Rob)

AS INTRODUCED

An Act relating to low-point beer; amending 37 O.S. 2001, Section 163.18H, which relates to penalties for violation of the Low-Point Beer Distribution Act; increasing penalty; and declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     37 O.S. 2001, Section 163.18H, is amended to read as follows:
Section 163.18H  A.  In addition to any other powers conferred on the Oklahoma Tax Commission to impose penalties for violations of Sections 163.1 through 163.25 and 231 of this title, whenever in the judgment of the Commission any person has committed an act which constitutes a violation of the Low-Point Beer Distribution Act and Section 231 of this title, the Commission may:
1.  After notice and hearing, issue a cease and desist order to any person that is licensed as a manufacturer or wholesaler;
2.  Impose a fine of not more than Five Thousand Dollars ($5,000.00) Five Thousand One Hundred Dollars ($5,100.00) for each violation in the event that after the issuance of an order to cease and desist the illegal activity, the person that the order is directed to commits any act in violation of the order; and
3.  Make application to the appropriate court for an order enjoining such acts or practices, and upon a showing by the Commission that such violations have occurred, an injunction, restraining order, or such other order as may be appropriate shall be granted by such court, without bond.
B.  Each day a violation is continuing shall constitute a separate offense.
C.  Administrative fines imposed pursuant to the provisions of this section shall be enforceable in the district courts of this state.
D.  All administrative fines collected by the Commission pursuant to the provisions of this section shall be forwarded to the State Treasurer for deposit in the General Revenue Fund.
E.  Any manufacturer or wholesaler injured by a violation of the Low-Point Beer Distribution Act may:
1.  Bring an action for recovery of damages.  Judgment shall be entered for actual damages plus reasonable attorney's fees and costs; and
2.  Bring an action to restrain and enjoin the violation of the Low-Point Beer Distribution Act.
SECTION 2.  It being immediately necessary for the preservation of the public peace, health and safety, an emergency is hereby declared to exist, by reason whereof this act shall take effect and be in full force from and after its passage and approval.

53-1-596	NP	1/18/2011 9:52:48 AM