[USC02] 27 USC Ch. 1: GENERAL PROVISIONS
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27 USC Ch. 1: GENERAL PROVISIONS
From Title 27—INTOXICATING LIQUORS

CHAPTER 1—GENERAL PROVISIONS

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, §1, 41 Stat. 307; Nov. 23, 1921, ch. 134, §§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, §§2 to 39, 41 Stat. 308 to 319; Nov. 23, 1921, ch. 134, §§2, 5, 42 Stat. 222, 223; Mar. 31, 1933, ch. 18, §§1 to 3, 48 Stat. 23, 24) constituting title II of the National Prohibition Act as amended and supplemented, were repealed to the extent in force in the District of Columbia, Puerto Rico and the Virgin Islands, Hawaii, and Alaska by acts Jan. 24, 1934, ch. 4, §1, 48 Stat. 319; Mar. 2, 1934, ch. 37, §§2, 3, 48 Stat. 361; Mar. 26, 1934, ch. 88, §§2, 3, 48 Stat. 467; and Apr. 13, 1934, ch. 119, §§1, 5, 48 Stat. 583, 584, respectively.

§§1 to 5. Repealed. Aug. 27, 1935, ch. 740, title I, §1, 49 Stat. 872

Section 1, act Oct. 28, 1919, ch. 85, §1, 41 Stat. 305, set forth the short title of act as "National Prohibition Act".

Section 2, act Nov. 23, 1921, ch. 134, §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, §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, §1, 41 Stat. 307; Nov. 23, 1921, ch. 134, §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, §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.