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27 USC CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

-HEAD-

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec.

121. State statutes as operative on termination of

transportation; original packages.

122. Shipments into States for possession or sale in

violation of State law.

122a. Injunctive relief in Federal district court.

(a) Definitions.

(b) Action by State attorney general.

(c) Federal jurisdiction.

(d) Requirements for injunctions and orders.

(e) Rules of construction.

(f) Additional remedies.

122b. General provisions.

(a) Effect on Internet Tax Freedom Act.

(b) Inapplicability to service providers.

123. Repealed.

124. Direct shipment of wine.

(a) Conditions for transporting certain wine.

(b) Violations.

(c) Report.

-End-

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27 USC Sec. 121 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec. 121. State statutes as operative on termination of

transportation; original packages

-STATUTE-

All fermented, distilled, or other intoxicating liquors or

liquids transported into any State or Territory or remaining

therein for use, consumption, sale, or storage therein, shall upon

arrival in such State or Territory be subject to the operation and

effect of the laws of such State or Territory enacted in the

exercise of its police powers, to the same extent and in the same

manner as though such liquids or liquors had been produced in such

State or Territory, and shall not be exempt therefrom by reason of

being introduced therein in original packages or otherwise.

-SOURCE-

(Aug. 8, 1890, ch. 728, 26 Stat. 313.)

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SHORT TITLE

Act Aug. 8, 1890, is popularly known as the "Wilson Act" or the

"Original Packages Act".

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27 USC Sec. 122 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec. 122. Shipments into States for possession or sale in violation

of State law

-STATUTE-

The shipment or transportation, in any manner or by any means

whatsoever, of any spirituous, vinous, malted, fermented, or other

intoxicating liquor of any kind, from one State, Territory, or

District of the United States, or place noncontiguous to but

subject to the jurisdiction thereof, into any other State,

Territory, or District of the United States, or place noncontiguous

to but subject to the jurisdiction thereof, or from any foreign

country into any State, Territory, or District of the United

States, or place noncontiguous to but subject to the jurisdiction

thereof, which said spirituous, vinous, malted, fermented, or other

intoxicating liquor is intended, by any person interested therein,

to be received, possessed, sold, or in any manner used, either in

the original package or otherwise, in violation of any law of such

State, Territory, or District of the United States, or place

noncontiguous to but subject to the jurisdiction thereof, is

prohibited.

-SOURCE-

(Aug. 27, 1935, ch. 740, Sec. 202(b), 49 Stat. 877.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in the

act of Mar. 1, 1913, ch. 90, Sec. 1, 37 Stat. 699.

SHORT TITLE

Act Mar. 1, 1913, is popularly known as the "Webb-Kenyon Act".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 122a of this title.

-End-

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27 USC Sec. 122a 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec. 122a. Injunctive relief in Federal district court

-STATUTE-

(a) Definitions

In this section -

(1) the term "attorney general" means the attorney general or

other chief law enforcement officer of a State or the designee

thereof;

(2) the term "intoxicating liquor" means any spirituous,

vinous, malted, fermented, or other intoxicating liquor of any

kind;

(3) the term "person" means any individual and any partnership,

corporation, company, firm, society, association, joint stock

company, trust, or other entity capable of holding a legal or

beneficial interest in property, but does not include a State or

agency thereof; and

(4) the term "State" means any State of the United States, the

District of Columbia, the Commonwealth of Puerto Rico, or any

territory or possession of the United States.

(b) Action by State attorney general

If the attorney general has reasonable cause to believe that a

person is engaged in, or has engaged in, any act that would

constitute a violation of a State law regulating the importation or

transportation of any intoxicating liquor, the attorney general may

bring a civil action in accordance with this section for injunctive

relief (including a preliminary or permanent injunction) against

the person, as the attorney general determines to be necessary to -

(1) restrain the person from engaging, or continuing to engage,

in the violation; and

(2) enforce compliance with the State law.

(c) Federal jurisdiction

(1) In general

The district courts of the United States shall have

jurisdiction over any action brought under this section by an

attorney general against any person, except one licensed or

otherwise authorized to produce, sell, or store intoxicating

liquor in such State.

(2) Venue

An action under this section may be brought only in accordance

with section 1391 of title 28 or in the district in which the

recipient of the intoxicating liquor resides or is found.

(3) Form of relief

An action under this section is limited to actions seeking

injunctive relief (a preliminary 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) of this

section 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

This 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 section 122 of this title 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

(1) In general

A remedy under this section is in addition to any other

remedies provided by law.

(2) State court proceedings

Nothing in this section may be construed to prohibit an

authorized State official from proceeding in State court on the

basis of an alleged violation of any State law.

-SOURCE-

(Mar. 1, 1913, ch. 90, Sec. 2, as added Pub. L. 106-386, div. C,

Sec. 2004(a), Oct. 28, 2000, 114 Stat. 1546.)

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EFFECTIVE DATE

Pub. L. 106-386, div. C, Sec. 2004(b), Oct. 28, 2000, 114 Stat.

1548, provided that: "This section [enacting this section and

section 122b of this title and provisions set out as a note under

this section] and the amendments made by this section shall become

effective 90 days after the date of the enactment of this Act [Oct.

28, 2000]."

IMPACT STUDY

Pub. L. 106-386, div. C, Sec. 2004(c), Oct. 28, 2000, 114 Stat.

1548, provided that: "The Attorney General shall carry out the

study to determine the impact of this section [enacting this

section and section 122b of this title and provisions set out as a

note under this section] and shall submit the results of such study

not later than 180 days after the enactment of this Act [Oct. 28,

2000]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 124 of this title.

-End-

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27 USC Sec. 122b 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec. 122b. General provisions

-STATUTE-

(a) Effect on Internet Tax Freedom Act

Nothing in this section may be construed to modify or supersede

the operation of the Internet Tax Freedom Act (47 U.S.C. 151 note).

(b) Inapplicability to service providers

Nothing in this section may be construed to -

(1) authorize any injunction against an interactive computer

service (as defined in section 230(f) of title 47 (!1) used by

another person to engage in any activity that is subject to this

Act;

(2) authorize any injunction against an electronic

communication service (as defined in section 2510(15) of title

18) used by another person to engage in any activity that is

subject to this Act; or

(3) authorize an injunction prohibiting the advertising or

marketing of any intoxicating liquor by any person in any case in

which such advertising or marketing is lawful in the jurisdiction

from which the importation, transportation or other conduct to

which this Act applies originates.

-SOURCE-

(Mar. 1, 1913, ch. 90, Sec. 3, as added Pub. L. 106-386, div. C,

Sec. 2004(a), Oct. 28, 2000, 114 Stat. 1548.)

-REFTEXT-

REFERENCES IN TEXT

The Internet Tax Freedom Act, referred to in subsec. (a), is

title XI of Pub. L. 105-277, div. C, Oct. 21, 1998, 112 Stat.

2681-719, which is set out as a note under section 151 of Title 47,

Telegraphs, Telephones, and Radiotelegraphs.

This Act, referred to in subsec. (b), is act Mar. 1, 1913, ch.

90, 37 Stat. 699, as amended, popularly known as the Webb-Kenyon

Act, which is classified to this section and sections 122 and 122a

of this title. For complete classification of this Act to the Code,

see Tables.

-MISC1-

EFFECTIVE DATE

Section effective 90 days after Oct. 28, 2000, see section

2004(b) of Pub. L. 106-386, set out as a note under section 122a of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be followed by a closing

parenthesis.

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27 USC Sec. 123 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec. 123. Repealed. June 25, 1936, ch. 815, Sec. 9, 49 Stat. 1930

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Section, acts Mar. 3, 1917, ch. 162, Sec. 5, 39 Stat. 1069; Mar.

4, 1917, ch. 192, 39 Stat. 1202; Feb. 24, 1919, ch. 18, Sec. 1407,

40 Stat. 1151; Jan. 11, 1934, ch. 1, title I, Sec. 12, 48 Stat.

316, prescribed punishment for violation of section 122 of this

title.

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27 USC Sec. 124 01/06/03

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TITLE 27 - INTOXICATING LIQUORS

CHAPTER 6 - TRANSPORTATION IN INTERSTATE COMMERCE

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Sec. 124. Direct shipment of wine

-STATUTE-

(a) Conditions for transporting certain wine

During any period in which the Federal Aviation Administration

has in effect restrictions on airline passengers to ensure safety,

the direct shipment of wine shall be permitted from States where

wine is purchased from a winery, to another State or the District

of Columbia, if -

(1) the wine was purchased while the purchaser was physically

present at the winery;

(2) the purchaser of the wine provided the winery verification

of legal age to purchase alcohol;

(3) the shipping container in which the wine is shipped is

marked to require an adult's signature upon delivery;

(4) the wine is for personal use only and not for resale; and

(5) the purchaser could have carried the wine lawfully into the

State or the District of Columbia to which the wine is shipped.

(b) Violations

If any person fails to meet any of the conditions under

subsection (a) of this section, the attorney general of any State

may bring a civil action under the same terms as those set out in

section 122a of this title.

(c) Report

Not later than 2 years after November 2, 2002, and at 2-year

intervals thereafter, the Attorney General of the United States, in

consultation with the Administrator of the Federal Aviation

Administration, shall prepare and submit to the Committee on the

Judiciary of the Senate and to the Committee on the Judiciary of

the House of Representatives a report on the implementation of this

section.

-SOURCE-

(Pub. L. 107-273, div. C, title I, Sec. 11022, Nov. 2, 2002, 116

Stat. 1829.)

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