Okla. Stat. tit. 37, § 163.18H – Repealed

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. F. Notwithstanding the provisions of subsections A, B, C, D and E of this section, no licensed wholesaler shall be subject to any fines, orders or other penalties imposed by the Oklahoma Tax Commission as a result of the sale of low-point beer to a retailer who holds a permit from the Oklahoma Tax Commission pursuant to Section 163.7 of this title, regardless of whether such retailer holds a valid permit from the district court of the relevant county pursuant to Section 163.11 of this title or such district court permit has expired. Any permit issued by the Oklahoma Tax Commission pursuant to Section 163.7 of this title shall be deemed valid, and licensed wholesalers shall have no obligation to independently determine the validity of such permit.

Laws 1993, SB 337, c. 140, § 8, eff. September 1, 1993; Amended by Laws 1995, SB 129, c. 274, § 30, eff. November 1, 1995; Amended by Laws 1997, HB 2113, c. 235, § 3, eff. November 1, 1997 (superseded document available). Amended by Laws 2017, SB 646, c. 364, § 3, eff. October 1, 2017 (repealed by Laws 2017, SB 646, c. 364, § 27, eff. October 1, 2018) (superseded document available).

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. F. Notwithstanding the provisions of subsections A, B, C, D and E of this section, no licensed wholesaler shall be subject to any fines, orders or other penalties imposed by the Oklahoma Tax Commission as a result of the sale of low-point beer to a retailer who holds a permit from the Oklahoma Tax Commission pursuant to Section 163.7 of this title, regardless of whether such retailer holds a valid permit from the district court of the relevant county pursuant to Section 163.11 of this title or such district court permit has expired. Any permit issued by the Oklahoma Tax Commission pursuant to Section 163.7 of this title shall be deemed valid, and licensed wholesalers shall have no obligation to independently determine the validity of such permit.