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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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