H. R. 3244—84
Code, 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 lim-
ited 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 preponder-
ance 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 irrep-
arable 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 the first section herein as such section is inter-
preted by the Supreme Court of the United States; but shall
not be construed to grant to States any additional power.
‘‘(f ) ADDITIONAL REMEDIES.—
H. R. 3244—85
‘‘(1) IN GENERAL.—A remedy under this section is in addi-
tion 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.
‘‘SEC. 3. GENERAL PROVISIONS.
‘‘(a) EFFECT ON INTERNET TAX FREEDOM ACT.—Nothing in this
section may be construed to modify or supersede the operation
of the Internet Tax Freedom Act (47 U.S.C. 151 note).
‘‘(b) INAPPLICABILITY TO SERVICE PROVIDERS.—Nothing in this
section may be construed to—
‘‘(1) authorize any injunction against an interactive com-
puter service (as defined in section 230(f ) of the Communica-
tions Act of 1934 (47 U.S.C. 230(f )) used by another person
to engage in any activity that is subject to this Act;
‘‘(2) authorize any injunction against an electronic commu-
nication service (as defined in section 2510(15) of title 18,
United States Code) used by another person to engage in any
activity that is subject to this Act; or
‘‘(3) authorize an injunction prohibiting the advertising or
marketing of any intoxicating liquor by any person in any
case in which such advertising or marketing is lawful in the
jurisdiction from which the importation, transportation or other
conduct to which this Act applies originates.’’.
(b) EFFECTIVE DATE.—This section and the amendments made
by this section shall become effective 90 days after the date of
the enactment of this Act.
(c) STUDY.—The Attorney General shall carry out the study
to determine the impact of this section and shall submit the results
of such study not later than 180 days after the enactment of
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.