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§37-509.
§37-509.
The Director shall employ an Assistant Director and inspectors,
agents, clerks, stenographers, accountants, chemists and such other
personnel as are necessary to properly enforce and administer this
law. He or she shall require bonds in such instances and amounts as
the Alcoholic Beverage Laws Enforcement Commission may direct. He or
she shall be in direct charge of all records and if authorized by the
ABLE Commission shall have the following duties and responsibilities:
A. Immediately upon the appointment and qualification of the Director
he or she shall become vested with the duties and powers of the
management and control of the office of Director, and shall become
vested with all duties and powers imposed upon him or her by any
orders, rules and regulations as may be prescribed by the ABLE
Commission, and in addition thereto shall have the following specific
powers and duties:
1. To issue licenses provided for in the Oklahoma Alcoholic Beverage
Control Act, Section 502 et seq. of this title, and to approve or
reject any official bond required to be filed with the Director or the
ABLE Commission;
2. To appoint and employ, supervise and discharge such personnel,
clerical, skilled and semiskilled help, labor and other employees as
may be determined necessary for the proper discharge of the duties of
the office of Director, upon salary fixed and determined by the ABLE
Commission and subject to all the rules and regulations that may be
promulgated by the ABLE Commission. The Director and the ABLE
Commission, in appointing and employing personnel, shall give
preference to honorably discharged members of the Armed Forces of the
United States;
3. To conduct such investigations and make such reports as may be
necessary to keep the ABLE Commission and members thereof advised
concerning any violations of the provisions of the Oklahoma Alcoholic
Beverage Control Act and make orders for its enforcement;
4. To make recommendations to the ABLE Commission concerning the
suspension or revocation of any licenses, the levying of fines against
licensees for violations of the provisions of the Oklahoma Alcoholic
Beverage Control Act or regulations or rules of the ABLE Commission,
or any action that should be filed or commenced against any official
bond theretofore approved by the Director or the ABLE Commission;
5. To regularly inspect all places of business of licensees, brewers,
distributors, winemakers, rectifiers, wholesalers, Class B
wholesalers, industrial licensees, private carriers, bonded
warehouses, and package stores, and all other persons, firms or
corporations dealing in the manufacture, distribution, transportation,
sale or service of alcoholic beverages under the provisions of the
Oklahoma Alcoholic Beverage Control Act, and report to the ABLE
Commission concerning any and all violations with his recommendation
to the ABLE Commission for its determination;
6. To aid the enforcement authorities of this state or any county or
municipality of the state, or federal government, in prosecutions of
violations of the Oklahoma Alcoholic Beverage Control Act;
7. To approve and pay claims for services of professional and
clerical, skilled, semiskilled help, labor and other employees in the
absence of the ABLE Commission, when the salaries and wages of such
persons shall have been previously approved by the ABLE Commission;
and
8. To enforce the provisions of the Prevention of Youth Access to
Tobacco Act, Sections 2 through 13 of this act, including, but not
limited to, the levying of administrative fines against persons
violating the provisions of the Prevention of Youth Access to Tobacco
Act, and to at least annually conduct random unannounced inspections
at locations where tobacco products are sold or distributed and
conduct targeted inspections at those locations which have been in
violation of the provisions of the Prevention of Youth Access to
Tobacco Act.
B. If a witness in attendance before the Director refuses without
reasonable cause to be examined or to answer a legal or pertinent
question, or to produce a book, record or paper when ordered to do so
by the Director, the Director may apply to the judge of the district
court of any county where such witness is in attendance, upon proof by
affidavit of the fact, for a rule or order returnable in not less than
two (2) nor more than five (5) days, directing such witness to show
cause before the judge who made the order, or any other district judge
of said county, why he or she should not be punished for contempt;
upon the return of such order, the judge before whom the matter shall
come for hearing shall examine under oath such witness or person, and
such person shall be given an opportunity to be heard; and if the
judge shall determine that such person has refused, without reasonable
cause or legal excuse, to be examined or answer a legal or pertinent
question, or to produce a book, record or paper which he or she was
ordered to bring or produce, he or she may punish the offender as for
contempt of court and shall fix the penalty in any sum not less than
Two Hundred Fifty Dollars ($250.00) but not to exceed Five Hundred
Dollars ($500.00) or require him or her to serve a maximum of thirty
(30) days in jail, or both.
C. Subpoenas shall be served and witness fees and mileage paid as in
civil cases in the district court in the county to which such witness
shall be called. Witnesses subpoenaed at the instance of the Director
shall be paid their fees and mileage by the Director out of funds
appropriated to the ABLE Commission. Court cost in this contempt
proceedings shall be paid as taxed by the court.
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