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27 USC CHAPTER 1 - GENERAL PROVISIONS 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 1 - GENERAL PROVISIONS

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CHAPTER 1 - GENERAL PROVISIONS

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EFFECT OF 21ST AMENDMENT; EXTENT OF REPEAL OF TITLE II OF NATIONAL

PROHIBITION ACT

Act Oct. 28, 1919, ch. 85, 41 Stat. 305, as amended and

supplemented, known as the National Prohibition Act, was included

in chapters 1, 2, 3, and 4 of this title. Such provisions of that

act and subsequent legislation as were dependent upon the 18th

Amendment to the United States Constitution became inoperative by

adoption of the 21st Amendment to the Constitution on Dec. 5, 1933,

repealing the 18th Amendment.

Sections 2 to 5 of this chapter (acts Oct. 28, 1919, ch. 85, Sec.

1, 41 Stat. 307; Nov. 23, 1921, ch. 134, Secs. 3, 5, 42 Stat. 223)

and sections 11 to 40, 44 to 57, 61, 62, and 64 of chapter 2 (acts

Oct. 28, 1919, ch. 85, Secs. 2 to 39, 41 Stat. 308 to 319; Nov. 23,

1921, ch. 134, Secs. 2, 5, 42 Stat. 222, 223; Mar. 31, 1933, ch.

18, Secs. 1 to 3, 48 Stat. 23, 24) constituting title II of the

National Prohibition Act as amended and supplemented, were repealed

to the extent in force in the District of Columbia, Puerto Rico and

the Virgin Islands, Hawaii, and Alaska by acts Jan. 24, 1934, ch.

4, Sec. 1, 48 Stat. 319; Mar. 2, 1934, ch. 37, Secs. 2, 3, 48 Stat.

361; Mar. 26, 1934, ch. 88, Secs. 2, 3, 48 Stat. 467; and Apr. 13,

1934, ch. 119, Secs. 1, 5, 48 Stat. 583, 584, respectively.

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27 USC Secs. 1 to 5 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 1 - GENERAL PROVISIONS

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Secs. 1 to 5. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49

Stat. 872

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Section 1, act Oct. 28, 1919, ch. 85, Sec. 1, 41 Stat. 305, set

forth the short title of act as "National Prohibition Act".

Section 2, act Nov. 23, 1921, ch. 134, Sec. 3, 42 Stat. 223,

provided that this title apply to the United States and all

territory subject to its jurisdiction, including the Territory of

Hawaii and the Virgin Islands.

Section 3, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223,

authorized all laws relating to the manufacture and taxation of and

traffic in intoxicating liquor, and all penalties for violations of

such laws that were in force on Oct. 28, 1919, to continue in

force, as to both beverage and nonbeverage liquor, except to the

extent provisions of such laws were directly in conflict with

provisions of this title.

Section 4, acts Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat.

307; Nov. 23, 1921, ch. 134, Sec. 1, 42 Stat. 222, defined "liquor"

or "intoxicating liquor", "person", "commissioner", "application",

"permit", "bond", and "regulation".

Section 5, act Oct. 28, 1919, ch. 85, title II, Sec. 1, 41 Stat.

308, provided that any act authorized to be done by the

commissioner could be performed by any assistant or agent

designated by him for that purpose, and any records required to be

filed with the commissioner could be filed with an assistant

commissioner or any other person designated to receive such

records.

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