2016 Oklahoma Statutes
Title 37. Intoxicating Liquors
§37-163.18H. Penalties - Remedies available to manufacturer or wholesaler.
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) 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.
Added by Laws 1993, c. 140, § 8, eff. Sept. 1, 1993. Amended by Laws 1995, c. 274, § 30, eff. Nov. 1, 1995; Laws 1997, c. 235, § 3, eff. Nov. 1, 1997.
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