
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 27USC122a]

 
                     TITLE 27--INTOXICATING LIQUORS
 
            CHAPTER 6--TRANSPORTATION IN INTERSTATE COMMERCE
 
Sec. 122a. Injunctive relief in Federal district court


(a) Definitions

    In this section--
        (1) the term ``attorney general'' means the attorney general or 
    other chief law enforcement officer of a State or the designee 
    thereof;
        (2) the term ``intoxicating liquor'' means any spirituous, 
    vinous, malted, fermented, or other intoxicating liquor of any kind;
        (3) the term ``person'' means any individual and any 
    partnership, corporation, company, firm, society, association, joint 
    stock company, trust, or other entity capable of holding a legal or 
    beneficial interest in property, but does not include a State or 
    agency thereof; and
        (4) the term ``State'' means any State of the United States, the 
    District of Columbia, the Commonwealth of Puerto Rico, or any 
    territory or possession of the United States.

(b) Action by State attorney general

    If the attorney general has reasonable cause to believe that a 
person is engaged in, or has engaged in, any act that would constitute a 
violation of a State law regulating the importation or transportation of 
any intoxicating liquor, the attorney general may bring a civil action 
in accordance with this section for injunctive relief (including a 
preliminary or permanent injunction) against the person, as the attorney 
general determines to be necessary to--
        (1) restrain the person from engaging, or continuing to engage, 
    in the violation; and
        (2) enforce compliance with the State law.

(c) Federal jurisdiction

                           (1) In general

        The district courts of the United States shall have jurisdiction 
    over any action brought under this section by an attorney general 
    against any person, except one licensed or otherwise authorized to 
    produce, sell, or store intoxicating liquor in such State.

                              (2) Venue

        An action under this section may be brought only in accordance 
    with section 1391 of title 28 or in the district in which the 
    recipient of the intoxicating liquor resides or is found.

                         (3) Form of relief

        An action under this section is limited to actions seeking 
    injunctive relief (a preliminary and/or permanent injunction).

                     (4) No right to jury trial

        An action under this section shall be tried before the court.

(d) Requirements for injunctions and orders

                           (1) In general

        In any action brought under this section, upon a proper showing 
    by the attorney general of the State, the court may issue a 
    preliminary or permanent injunction to restrain a violation of this 
    section. A proper showing under this paragraph shall require that a 
    State prove by a preponderance of the evidence that a violation of 
    State law as described in subsection (b) of this section has taken 
    place or is taking place.

          (2) Additional showing for preliminary injunction

        No preliminary injunction may be granted except upon--
            (A) evidence demonstrating the probability of irreparable 
        injury if injunctive relief is not granted; and
            (B) evidence supporting the probability of success on the 
        merits.

                             (3) Notice

        No preliminary or permanent injunction may be issued under 
    paragraph (1) without notice to the adverse party and an opportunity 
    for a hearing.

                     (4) Form and scope of order

        Any preliminary or permanent injunction entered in an action 
    brought under this section shall--
            (A) set forth the reasons for the issuance of the order;
            (B) be specific in terms;
            (C) describe in reasonable detail, and not by reference to 
        the complaint or other document, the act or acts sought to be 
        restrained; and
            (D) be binding upon--
                (i) the parties to the action and the officers, agents, 
            employees, and attorneys of those parties; and
                (ii) persons in active concert or participation with the 
            parties to the action who receive actual notice of the order 
            by personal service or otherwise.

                    (5) Admissibility of evidence

        In a hearing on an application for a permanent injunction, any 
    evidence previously received on an application for a preliminary 
    injunction in connection with the same civil action and that would 
    otherwise be admissible, may be made a part of the record of the 
    hearing on the permanent injunction.

(e) Rules of construction

    This section shall be construed only to extend the jurisdiction of 
Federal courts in connection with State law that is a valid exercise of 
power vested in the States--
        (1) under the twenty-first article of amendment to the 
    Constitution of the United States as such article of amendment is 
    interpreted by the Supreme Court of the United States including 
    interpretations in conjunction with other provisions of the 
    Constitution of the United States; and
        (2) under section 122 of this title as such section is 
    interpreted by the Supreme Court of the United States; but shall not 
    be construed to grant to States any additional power.

(f) Additional remedies

                           (1) In general

        A remedy under this section is in addition to any other remedies 
    provided by law.

                     (2) State court proceedings

        Nothing in this section may be construed to prohibit an 
    authorized State official from proceeding in State court on the 
    basis of an alleged violation of any State law.

(Mar. 1, 1913, ch. 90, Sec. 2, as added Pub. L. 106-386, div. C, 
Sec. 2004(a), Oct. 28, 2000, 114 Stat. 1546.)


                             Effective Date

    Pub. L. 106-386, div. C, Sec. 2004(b), Oct. 28, 2000, 114 Stat. 
1548, provided that: ``This section [enacting this section and section 
122b of this title and provisions set out as a note under this section] 
and the amendments made by this section shall become effective 90 days 
after the date of the enactment of this Act [Oct. 28, 2000].''


                              Impact Study

    Pub. L. 106-386, div. C, Sec. 2004(c), Oct. 28, 2000, 114 Stat. 
1548, provided that: ``The Attorney General shall carry out the study to 
determine the impact of this section [enacting this section and section 
122b of this title and provisions set out as a note under this section] 
and shall submit the results of such study not later than 180 days after 
the enactment of this Act [Oct. 28, 2000].''
