-CITE-

27 USC CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

This chapter, comprising sections 11 to 64, in large measure

became inoperative by the adoption of the 21st Amendment to the

Constitution. See note preceding sections 1 to 5 of this title.

Repeal of provisions of this title affecting District of

Columbia, Puerto Rico, Virgin Islands, Hawaii and Alaska, see note

preceding sections 1 to 5 of this title.

-End-

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27 USC Secs. 11 to 40 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1,

49 Stat. 872

-MISC1-

Section 11, act Oct. 28, 1919, ch. 85, title II, Sec. 2, 41 Stat.

308, authorized Commissioner of Internal Revenue, his assistants,

agents, and inspectors to swear out warrants before United States

commissioners [now United States magistrate judges] or other

officers or courts authorized to issue warrants, and to investigate

and report violations of this title to United States attorney for

district in which violations were committed.

Section 12, act Oct. 28, 1919, ch. 85, title II, Sec. 3, 41 Stat.

308, provided that no person manufacture, sell, barter, transport,

import, export, deliver, furnish or possess any intoxicating liquor

except as otherwise provided by provisions of this title.

Section 13, act Oct. 28, 1919, ch. 85, title II, Sec. 4, 41 Stat.

309, exempted specified articles, after having been manufactured

and prepared for market, from provisions of this title, required

manufacturers of such exempt articles to secure permits, give

bonds, keep records, and make reports, and made unlawful the

failure to comply with any of foregoing requirements.

Section 14, act Oct. 28, 1919, ch. 85, title II, Sec. 5, 41 Stat.

309, authorized commissioner to analyze specified manufactured

articles in order to determine whether said articles constituted

intoxicating liquors.

Section 15, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222,

authorized commissioner to order a change of formula of

preparations used as a beverage or for intoxicating liquor purposes

where sale or use of such preparations was substantially increased

in community by reason of its use as a beverage or for intoxicating

beverage purposes.

Section 16, act Oct. 28, 1919, ch. 85, title II, Sec. 6, 41 Stat.

310, required that any person manufacturing, selling, purchasing,

transporting, or prescribing any liquor, except liquor purchased

and used for medicinal purposes when prescribed by a physician,

liquor purchased and used in a bona fide hospital or sanitarium for

treatment of alcoholism, and wine manufactured, etc., for

sacramental or religious purposes, first obtain a permit from

commissioner.

Section 17, act Oct. 28, 1919, ch. 85, title II, Sec. 7, 41 Stat.

311, authorized no one but a physician holding a permit to

prescribe liquor to issue any prescription for liquor, required

every such physician to keep a record of every prescription issued,

and required pharmacist filling each prescription issued to indorse

upon it over his own signature "canceled".

Section 18, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222,

specified kinds of liquor which could be prescribed for medicinal

purposes, percentage of alcohol in such prescriptions, and quantity

permitted to be prescribed.

Section 19, act Oct. 28, 1919, ch. 85, title II, Sec. 8, 41 Stat.

311, authorized commissioner to issue prescription blanks, free of

cost, to physicians holding permits to prescribe liquor for

medicinal purposes.

Section 20, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 222, set

forth number of prescription blanks that could be issued to a

physician, and number of prescriptions that could be issued by a

physician.

Section 21, act Oct. 28, 1919, ch. 85, title II, Sec. 9, 41 Stat.

311, set forth procedure by which commissioner could cite

permittees believed not to be conforming to provisions of this

title, or who had violated laws of any State relating to

intoxicating liquors.

Section 22, act Oct. 28, 1919, ch. 85, title II, Sec. 10, 41

Stat. 312, required every person manufacturing, purchasing,

selling, or transporting any liquor to make and keep a permanent

record of all such transactions.

Section 23, act Oct. 28, 1919, ch. 85, title II, Sec. 11, 41

Stat. 312, required all manufacturers and wholesale or retail

druggists to keep a copy of all permits to purchase on which a sale

of any liquor was made.

Section 24, act Oct. 28, 1919, ch. 85, title II, Sec. 12, 41

Stat. 312, required all persons manufacturing liquor for sale to

attach labels to every container, and specified the information to

be placed on such labels.

Section 25, act Oct. 28, 1919, ch. 85, title II, Sec. 13, 41

Stat. 312, required every carrier to make a record at place of

shipment of receipt of any liquor transported, and to deliver

liquor only to persons presenting to him a verified copy of a

permit to purchase.

Section 26, act Oct. 28, 1919, ch. 85, title II, Sec. 14, 41

Stat. 312, made it unlawful for any person to use or induce any

carrier, or any agent or employee thereof, to carry or ship any

package or receptacle containing liquor without notifying carrier

of true nature and character of shipment, and required all packages

carrying liquor to contain enumerated information.

Section 27, act Oct. 28, 1919, ch. 85, title II, Sec. 15, 41

Stat. 313, made it unlawful for any consignee to accept any package

containing liquor upon which appeared a statement known by him to

be false, or for any carrier to consign, etc., any such package,

knowing such statement to be false.

Section 28, act Oct. 28, 1919, ch. 85, title II, Sec. 16, 41

Stat. 313, made it unlawful to order a carrier to deliver liquor to

any person not a bona fide consignee.

Section 29, act Oct. 28, 1919, ch. 85, title II, Sec. 17, 41

Stat. 313, made it unlawful to advertise liquor, or manufacture,

sale, or keeping for sale of liquor, and exempted manufacturers and

wholesale druggists holding permits to sell liquor from prohibition

when furnishing price lists to persons permitted to purchase liquor

or when advertising in business publications.

Section 30, act Oct. 28, 1919, ch. 85, title II, Sec. 18, 41

Stat. 313, made it unlawful to advertise, manufacture, sell, or

possess for sale any utensil, ingredient, or formula intended for

use in unlawful manufacture of intoxicating liquor.

Section 31, act Oct. 28, 1919, ch. 85, title II, Sec. 19, 41

Stat. 313, prohibited any person from soliciting or receiving

orders for liquor or giving information as to how liquor could be

obtained in violation of this title.

Section 32, act Oct. 28, 1919, ch. 85, title II, Sec. 20, 41

Stat. 313, gave a right of action to any person injured in person,

property, means of support, or otherwise by any intoxicated person

against any person who unlawfully sold liquor to such intoxicated

person, or caused or contributed to such intoxication.

Section 33, act Oct. 28, 1919, ch. 85, title II, Sec. 21, 41

Stat. 314, declared any property used in connection with a

violation of this title to be a common nuisance, set forth

punishment for maintenance of a common nuisance, and made owner of

such property liable.

Section 34, act Oct. 28, 1919, ch. 85, title II, Sec. 22, 41

Stat. 314, set forth procedure which authorized an action in equity

to enjoin any nuisance defined in this title.

Section 35, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41

Stat. 314, declared any person keeping or carrying liquor with

intent to sell, or soliciting orders for liquor guilty of a

nuisance and restrainable by injunction.

Section 36, act Oct. 29, 1919, ch. 85, title II, Sec. 23, 41

Stat. 314, set forth fees of officers removing and selling property

in enforcement of these provisions.

Section 37, act Oct. 28, 1919, ch. 85, title II, Sec. 23, 41

Stat. 314, provided that any violation upon any leased premises by

the lessee or occupant thereof could, at the option of the lessor,

work a forfeiture of lease.

Section 38, act Oct. 28, 1919, ch. 85, title II, Sec. 24, 41

Stat. 315, set forth procedure and punishment for violation of any

injunction granted pursuant to these provisions.

Section 39, act Oct. 28, 1919, ch. 85, title II, Sec. 25, 41

Stat. 315, prohibited unlawful possession of liquor or property

designed for manufacture thereof, and authorized issuance of search

warrants and destruction of unlawfully possessed liquor and

property seized pursuant to such search warrants.

Section 40, act Oct. 28, 1919, ch. 85, title II, Sec. 26, 41

Stat. 315, set forth procedure for seizure and destruction of

unlawfully transported liquor and sale of any vehicle found to be

used for such transportation.

-End-

-CITE-

27 USC Sec. 40a 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Sec. 40a. Repealed. June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862

-MISC1-

Section, act Aug. 27, 1935, ch. 740, Sec. 204, 49 Stat. 878,

related to remission or mitigation of forfeiture of a seized

vehicle or aircraft. See section 3668 of Title 18, Crimes and

Criminal Procedure.

EFFECTIVE DATE OF REPEAL

Repeal effective Sept. 1, 1948, see section 20 of act June 25,

1948.

-End-

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27 USC Secs. 41 to 43 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, Sec.

308(a), 49 Stat. 880

-MISC1-

Section 41, act Mar. 3, 1925, ch. 438, Sec. 1, 43 Stat. 1116,

related to use of forfeited vessels or vehicles for enforcement of

provisions of this title in lieu of sale.

Section 42, acts Mar. 3, 1925, ch. 438, Sec. 2, 43 Stat. 1116;

May 27, 1930, ch. 342, Secs. 9, 10, 46 Stat. 430, related to

application by a department head for which seizure of a vessel or

vehicle is made to deliver such vessel or vehicle to Department of

Justice for use in enforcement of this title, the 18th Amendment,

or the customs laws.

Section 43, act Mar. 3, 1925, ch. 438, Sec. 3, 43 Stat. 1116,

related to limitation on use of forfeited vessels or vehicles.

-End-

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27 USC Secs. 43a, 43b 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 43a, 43b. Omitted

-COD-

CODIFICATION

Section 43a, acts May 14, 1937, ch. 180, Sec. 1, 50 Stat. 145;

Mar. 28, 1938, ch. 55, Sec. 1, 52 Stat. 128, related to use by

narcotics agents of motor vehicles confiscated pursuant to section

43 of this title.

Section 43b, acts May 6, 1939, ch. 115, title I, Sec. 1, 53 Stat.

663; Mar. 25, 1940, ch. 71, title I, 54 Stat. 63, related to use by

narcotics agents of motor vehicles confiscated pursuant to section

157 of this title. See section 3616 of Title 18, Crimes and

Criminal Procedure.

-End-

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27 USC Secs. 44 to 57 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 44 to 57. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1,

49 Stat. 872

-MISC1-

Section 44, act Oct. 28, 1919, ch. 85, title II, Sec. 27, 41

Stat. 316, authorized delivery to any department or agency of

United States, for medicinal, mechanical, or scientific use, or

private sale for such purposes to any person having a permit to

purchase, of liquor subject to destruction pursuant to provisions

of this title.

Section 45, act Oct. 28, 1919, ch. 85, title II, Sec. 28, 41

Stat. 316, gave to commissioner, his assistants, agents, and

inspectors all power and protection in enforcement of this title

which had been conferred by law for enforcement of prior laws

relating to manufacture or sale of intoxicating liquor.

Section 46, act Oct. 28, 1919, ch. 85, title II, Sec. 29, 41

Stat. 316, set forth punishment for any person found guilty of

unlawfully manufacturing or selling liquor, violating provisions of

any permit, or making any false record, report, or affidavit.

Section 47, act Oct. 28, 1919, ch. 85, title II, Sec. 30, 41

Stat. 317, took away privilege against self-incrimination from any

person ordered to testify or produce books, papers, etc., and

provided that any person so ordered to testify or produce would be

immune from any prosecution based on evidence provided.

Section 48, act Oct. 28, 1919, ch. 85, title II, Sec. 31, 41

Stat. 317, set forth venue in any prosecution for unlawful sale of

liquor.

Section 49, act Oct. 28, 1919, ch. 85, title II, Sec. 32, 41

Stat. 317, authorized joinder of separate offenses in prosecutions

for violations of this title, and set forth requirements for any

affidavit, information, or indictment issued pursuant to such

prosecutions.

Section 50, act Oct. 28, 1919, ch. 85, title II, Sec. 33, 41

Stat. 317, made possession of liquor by any person not legally

permitted to possess liquor prima facie evidence of unlawful

purpose.

Section 51, act Oct. 28, 1919, ch. 85, title II, Sec. 34, 41

Stat. 317, authorized inspection by duly authorized personnel of

records and reports required to be kept or filed pursuant to this

title, and introduction into evidence of duly certified copies of

such records and reports.

Section 52, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41

Stat. 317, repealed all provisions of law inconsistent with these

provisions, and provided that regulations promulgated pursuant to

these provisions were to be construed as in addition to existing

laws.

Section 53, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223, set

forth procedure for assessment and collection of all taxes and

penalties provided for in section 52 of this title.

Section 54, act Nov. 23, 1921, ch. 134, Sec. 5, 42 Stat. 223,

exempted from taxation distilled spirits lost by theft, accidental

fire, or other casualty, where such loss did not occur as a result

of negligence or fraud on part of owner or custodian.

Section 55, act Oct. 28, 1919, ch. 85, title II, Sec. 35, 41

Stat. 317, authorized commissioner to compromise any civil cause

arising under these provisions with approval of Secretary of the

Treasury before bringing action in court, and with approval of

Attorney General after action was commenced.

Section 56, act Nov. 23, 1921, ch. 134, Sec. 2, 42 Stat. 22,

limited quantity of spirituous and vinous liquor that could be

imported into or manufactured in United States.

Section 57, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41

Stat. 318, exempted from these provisions storage in or

transportation to bonded warehouses of liquor manufactured prior to

the taking effect of these provisions.

-End-

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27 USC Secs. 58 to 60 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 58 to 60. Repealed. Mar. 22, 1933, ch. 4, Sec. 2, 48 Stat. 17

-MISC1-

Section 58, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41

Stat. 318, related to development of liquids containing less than

one-half of one per centum of alcohol.

Section 59, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41

Stat. 318, related to tax on fortified wines for nonbeverage

alcohol.

Section 60, act Oct. 28, 1919, ch. 85, title II, Sec. 37, 41

Stat. 318, related to burden of proof with regard to alcoholic

content.

-End-

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27 USC Secs. 61, 62 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 61, 62. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49

Stat. 872

-MISC1-

Section 61, act Oct. 28, 1919, ch. 85, title II, Sec. 38, 41

Stat. 319, authorized Commissioner of Internal Revenue and Attorney

General of the United States to hire employees and purchase

equipment and supplies necessary for enforcement to this title.

Section 62, act Oct. 28, 1919, ch. 85, title II, Sec. 39, 41

Stat. 319, authorized issuance of a summons to any person whose

property rights were proceeded against or could be affected by a

judgment rendered in a proceeding where such person was not the one

who in person violated provisions of law.

-End-

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27 USC Sec. 63 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Sec. 63. Repealed. June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116

-MISC1-

Section, acts Oct. 28, 1919, ch. 85, title III, Sec. 20, 41 Stat.

322; July 5, 1932, ch. 428, 47 Stat. 579, made it unlawful to

introduce into Canal Zone, or to manufacture, sell, transport, or

possess within Canal Zone, any intoxicating liquors, except for

sacramental, scientific, or medicinal purposes.

-End-

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27 USC Secs. 63a to 63d 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Secs. 63a to 63d. Transferred

-COD-

CODIFICATION

Sections 63a to 63d, act June 19, 1934, ch. 657, Secs. 1-4, 48

Stat. 1116, which were transferred to sections 1314b to 1314e,

respectively, of Title 48, Territories and Insular Possessions,

were subsequently repealed by act Aug. 10, 1949, ch. 415, Sec.

9(d), 63 Stat. 597.

Section 63a, act June 19, 1934, ch. 657, Sec. 1, 48 Stat. 1116,

which authorized President to make rules and regulations with

respect to alcoholic beverages in Canal Zone, was transferred to

section 1314b of Title 48.

Section 63b, act June 19, 1934, ch. 657, Sec. 2, 48 Stat. 1116,

which related to punishment for violation of any rules and

regulations, was transferred to section 1314c of Title 48.

Section 63c, act June 19, 1934, ch. 657, Sec. 3, 48 Stat. 1116,

which related to repeal of prior laws, was transferred to section

1314d of Title 48.

Section 63d, act June 19, 1934, ch. 657, Sec. 4, 48 Stat. 1116,

which related to effective date of sections 63a to 63d of this

title, was transferred to section 1314e of Title 48.

-End-

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27 USC Sec. 64 01/06/03

-EXPCITE-

TITLE 27 - INTOXICATING LIQUORS

CHAPTER 2 - PROHIBITION OF INTOXICATING BEVERAGES

-HEAD-

Sec. 64. Repealed. Aug. 27, 1935, ch. 740, title I, Sec. 1, 49

Stat. 872

-MISC1-

Section, act Oct. 28, 1919, ch. 85, title II, Sec. 36, 41 Stat.

318, provided that invalidity of any provision of this title would

not be construed to render invalid other provisions of this title.

-End-