[USC02] 27 USC Ch. 2: PROHIBITION OF INTOXICATING BEVERAGES
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27 USC Ch. 2: PROHIBITION OF INTOXICATING BEVERAGES
From Title 27—INTOXICATING LIQUORS

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.

§§11 to 40. Repealed. Aug. 27, 1935, ch. 740, title I, §1, 49 Stat. 872

Section 11, act Oct. 28, 1919, ch. 85, title II, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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.

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 Repealed.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

Section, act Aug. 27, 1935, ch. 740, §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 act June 25, 1948, ch. 645, §20, 62 Stat. 862.

§§41 to 43. Repealed. Aug. 27, 1935, ch. 740, title III, §308(a), 49 Stat. 880

Section 41, act Mar. 3, 1925, ch. 438, §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, §2, 43 Stat. 1116; May 27, 1930, ch. 342, §§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, §3, 43 Stat. 1116, related to limitation on use of forfeited vessels or vehicles.

§§43a, 43b. Omitted

Codification

Section 43a, acts May 14, 1937, ch. 180, §1, 50 Stat. 145; Mar. 28, 1938, ch. 55, §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, §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.

§§44 to 57. Repealed. Aug. 27, 1935, ch. 740, title I, §1, 49 Stat. 872

Section 44, act Oct. 28, 1919, ch. 85, title II, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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, §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.

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

Section 58, act Oct. 28, 1919, ch. 85, title II, §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, §37, 41 Stat. 318, related to tax on fortified wines for nonbeverage alcohol.

Section 60, act Oct. 28, 1919, ch. 85, title II, §37, 41 Stat. 318, related to burden of proof with regard to alcoholic content.

§§61, 62. Repealed. Aug. 27, 1935, ch. 740, title I, §1, 49 Stat. 872

Section 61, act Oct. 28, 1919, ch. 85, title II, §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, §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.

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

Section, acts Oct. 28, 1919, ch. 85, title III, §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.

§§63a to 63d. Transferred

Codification

Sections 63a to 63d, act June 19, 1934, ch. 657, §§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, §9(d), 63 Stat. 597.

Section 63a, act June 19, 1934, ch. 657, §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, §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, §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, §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.

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

Section, act Oct. 28, 1919, ch. 85, title II, §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.