Okla. Stat. tit. 37A, § 37A-5-114
This is the official text of Okla. Stat. tit. 37A, § 37A-5-114, part of Oklahoma’s Stat. tit. 37A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 37A,." Browse the sections below, each linked to its official government source.
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Unpaid taxes - Contraband - Violations - Penalties -
Official statutory text
Application of Uniform Tax Procedure Code.
A. All bottles or other original containers of alcoholic
beverages in the possession of any person upon which the taxes have
not been paid as required by the Oklahoma Alcoholic Beverage Control
Act and the rules thereunder are declared to be contraband. Any
duly authorized employee of the ABLE Commission or the Oklahoma Tax
Commission is authorized to seize the same, and such containers of
alcoholic beverages so seized shall be subject to confiscation and
forfeiture by the Tax Commission as hereinafter provided.
B. If, upon examination of invoices or from other
investigation, the Tax Commission finds that any alcoholic beverages
have been sold without tax payment as required by the Oklahoma
Alcoholic Beverage Control Act, the Tax Commission shall have the
power to require such person to pay to the Tax Commission as such
tax a sum equal to twice the amount of the tax due. If any person
is unable to furnish evidence to the Tax Commission of excise tax
payment to cover purchases of alcoholic beverages made by such
person, the prima facie presumption shall arise that such alcoholic
beverages were sold without excise tax payment.
It is expressly provided, except where specific provisions of
the Oklahoma Alcoholic Beverage Control Act require otherwise, that
the procedures and remedies contained in the Uniform Tax Procedure
Code of the Oklahoma Statutes in connection with the making of
assessments, and the enforcement and collection thereof, the
penalties and interest to be applied, all lien and tax warrant
provisions, all incidental remedies, including procedure for an
injunction, and all other provisions of the Uniform Tax Procedure
Code which may be applied or used to enforce the provisions of the
Oklahoma Alcoholic Beverage Control Act, shall be applicable and
available to the Tax Commission in administering the provisions
hereof and collecting the taxes herein levied on alcoholic
beverages.
A. All bottles or other original containers of alcoholic
beverages in the possession of any person upon which the taxes have
not been paid as required by the Oklahoma Alcoholic Beverage Control
Act and the rules thereunder are declared to be contraband. Any
duly authorized employee of the ABLE Commission or the Oklahoma Tax
Commission is authorized to seize the same, and such containers of
alcoholic beverages so seized shall be subject to confiscation and
forfeiture by the Tax Commission as hereinafter provided.
B. If, upon examination of invoices or from other
investigation, the Tax Commission finds that any alcoholic beverages
have been sold without tax payment as required by the Oklahoma
Alcoholic Beverage Control Act, the Tax Commission shall have the
power to require such person to pay to the Tax Commission as such
tax a sum equal to twice the amount of the tax due. If any person
is unable to furnish evidence to the Tax Commission of excise tax
payment to cover purchases of alcoholic beverages made by such
person, the prima facie presumption shall arise that such alcoholic
beverages were sold without excise tax payment.
It is expressly provided, except where specific provisions of
the Oklahoma Alcoholic Beverage Control Act require otherwise, that
the procedures and remedies contained in the Uniform Tax Procedure
Code of the Oklahoma Statutes in connection with the making of
assessments, and the enforcement and collection thereof, the
penalties and interest to be applied, all lien and tax warrant
provisions, all incidental remedies, including procedure for an
injunction, and all other provisions of the Uniform Tax Procedure
Code which may be applied or used to enforce the provisions of the
Oklahoma Alcoholic Beverage Control Act, shall be applicable and
available to the Tax Commission in administering the provisions
hereof and collecting the taxes herein levied on alcoholic
beverages.
Status: in_force · Read it on the official government site
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