Page:United States Statutes at Large Volume 114 Part 2.djvu/811

 PUBLIC LAW 106-386—OCT. 28, 2000 114 STAT. 1547 Code, or in the district in which the recipient of the intoxicating Uquor resides or is found. ^ "(3) FORM OF RELIEF.— An action under this section is hmited to actions seeking injunctive relief (a preUminary 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.— Th is 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 interpreted by the Supreme Court of the United States; but shall not be construed to grant to States any additional power. " (f) ADDITIONAL REMEDIES.—

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