§ 8-2-141 — Monetary penalty; injunctive relief

(a) During such time as the Commissioner has contracted or entered into cooperative agreements pursuant to his or her authority under Code Section 8-2-132 , any retailer, retail broker, or manufacturer who fails to apply for or obtain a license as required by Code Section 8-2-135 or who fails to remit the appropriate license fee as stated in Code Section 8-2-135 shall be subject to a monetary penalty not to exceed $100.00 for each day that such violation persists, except that the maximum monetary penalty shall not exceed $20,000.00 for any one violation. (b) Any such monetary penalty may be imposed by the Commissioner after notice and opportunity for hearing as provided under Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." The amount of such penalty may be collected by the Commissioner in the same manner that money judgments are now enforced in the superior courts of this state. (c) In addition to any such monetary penalty, the Commissioner may bring a civil action to enjoin any violation of Code Section 8-2-135 , and it shall not be necessary for the Commissioner to allege or prove the absence of an adequate remedy at law. Any provision of 2004 Ga. Laws 557 relating to the payment of fees shall become effective on October 1, 2004.

Legislative History

Amended by 2004 Ga. Laws 557, § 1, eff. 1/1/2005