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27 U.S.C. § 203Unlawful businesses without permit; application to State agency

submitted 91 years ago by ch. 814 to r/title-27-INTOXICATING-LIQUORS · 345 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law says businesses can't import, produce, or wholesale alcohol without a federal permit. The Secretary of the Treasury issues these permits. State and local government agencies don't need one.

This section regulates alcohol businesses — distilled spirits, wine, and malt beverages — to control interstate and foreign trade, enforce the 21st Amendment, and protect tax revenue and postal laws. (a) Importing — It's illegal, without a basic permit from the Secretary of the Treasury, to: (1) run a business importing distilled spirits, wine, or malt beverages into the U.S.; or (2) for someone running that business to sell, offer to sell, agree to sell, or ship those imported drinks across state or international lines, directly or through an affiliate. (b) Producing — It's illegal, without that same kind of permit, to: (1) run a business distilling spirits, making wine, blending or rectifying spirits or wine, or bottling spirits (with or without warehousing them); or (2) for someone running that business to sell, offer, agree to sell, or ship the spirits or wine they made across state or international lines. (c) Wholesaling — It's illegal, without that same permit, to: (1) run a business buying distilled spirits, wine, or malt beverages for wholesale resale; or (2) for someone running that business to receive, sell, offer, agree to sell, or ship those drinks across state or international lines. This part took effect July 1, 1936. This section does not apply to a state or local government agency, or to its officers or employees — they don't need a basic permit.
the actual law source: uscode.house.gov ↗public domain

In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amendment, and to protect the revenue and enforce the postal laws with respect to distilled spirits, wine, and malt beverages:

(a)

It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—

(1)

to engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or

(2)

for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported.

(b)

It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—

(1)

to engage in the business of distilling distilled spirits, producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits; or

(2)

for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits or wine so distilled, produced, rectified, blended, or bottled, or warehoused and bottled.

(c)

It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—

(1)

to engage in the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages; or

(2)

for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased.

This subsection shall take effect July 1, 1936.

This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this subchapter.

Source credit: (Aug. 29, 1935, ch. 814, title I, § 103, formerly § 3, 49 Stat. 978; Feb. 29, 1936, ch. 105, § 1, 49 Stat. 1152; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, § 103, and amended Pub. L. 100–690, title VIII, § 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517, 4521.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 29, 1935, ch. 814 · 49 Stat. 978
  • 1936Amended · Act of Feb. 29, 1936, ch. 105 · 49 Stat. 1152
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4517, 4521

A history note hasn’t been published yet. The record shows enactment by ch. 814 on 1935-08-29.

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