27 USC 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
Terms Used In 27 USC 122a
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- association: when used in reference to a corporation, shall be deemed to embrace the words "successors and assigns of such company or association" in like manner as if these last-named words, or words of similar import, were expressed. See 1 USC 5
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- officer: includes any person authorized by law to perform the duties of the office. See 1 USC 1
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- State: means a State, the District of Columbia, the Commonwealth of Puerto Rico, or any other territory or possession of the United States. See 1 USC 7
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) 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.