Page:United States Statutes at Large Volume 48 Part 1.djvu/347

 73d CONGRESS. 'SESS. II. CH. 4. JANU ARY 24, 1934. 321 room shall be from the preparation, cooking, and serving of meals and not from the sale of beverages. No such dining room shall be ti Dining room restric considered suitable if any business is conducted therein other than the preparation, cooking, and serving of meals, except such a business as is incidental to a bona fide dining room. (k) The word " manufacture " shall include rectification. "Manufacture ." (1) The word " meals " means the usual assortment of foods com- "M-is . " monly ordered at various hours of the day ; and such food and vic- tuals as sandwiches and salads shall not be regarded as a " meal." (m) The word " .person" includes an individual, partnership, "Perso n . '» corpora tion, and as sociat ion . (n) The word "restaurant" means a suitable space in a suitable "Restaurant ." buildin g, app roved by the Board, incl uding s uch su itable space out- side of the building and adjoining it as may be approved by the Board, kept, used, mainta ined, advert ised, o r held out t o the public to be a place where meals are served, such space being provided with such adequate kitchen and dining room equipment and capacity, and having employed therein such number and kinds of employees for preparing, cooking, and serving meals for its guests as shall satisfy the Board that such space is intended for use primarily as a place for preparing, cooking . and serving meals, and that the chief source of revenue to be derived from the operation of such place shall be from the preparation, cooking, and serving of meals and not from Restric tions. the sale of beverages. No such space shall be considered suitable if any business is conducted therein other than the preparation, cooking, and serving of meals, except such a business as is incidental to a bona fide restaurant. (o) The word "sell" or "sale" shall include offering for sale, 'Sell' or "sale." keeping for sale, trafficking in, bartering, delivering for value, exchang ing fo r good s, or in any way o ther th an pur ely gr atuito usly, and eve ry del ivery of any alcoh olic b everage made otherw ise th an by purely gratuitous title shall constitute a sale. (p) The word " ta ble " sh all not i nclude a counter, bar, or s imilar "Table ." contriv ance. (q) The word "tavern" means a suitable space in a suitable "Tavern ." building approved by the Board, including such suitable space out- side of the building and adjoining it, as may be approved by the Board, kept, used, maintained, advertised, or held out to the public to be a place where sandwiches or light lunches are prepared and served fo r consump tion on t he premis es in suc h quantit ies as to satisfy the Board that the sale of beer intended is no more than an incident to and is not the prime source of revenue of such "tavern ." SxC. 4. The Commissioners of the District of Columbia, within ooi oholic Be eraagge fifteen days after the approval of this Act, shall appoint a Board P ointed. of three persons, subject to removal by the Commissioners, to be Qualifications, ten. called the "Alcoholic Beverage Control Board ", each of the members lire of office, etc. of which shall be a citizen of the United States and a resident of the District of Columbia for at least three years immediately preceding his appointment and have during that period claimed residence nowhere else. Of the three persons first appointed as members of said Board, one shall be appointed for two years, one for three years and one for four years, and thereafter all appointments shall be for the term of four years, except such appointments as may be made for the remainder of unexpired terms. Vacancies caused by death, resignation or otherwise shall be filled by the Commissioners only for the unexpired terms. Members shall be eligible for reappoint- m e n t. The Commissioners shall designate one of the members of Chairman. the Board to be chairman thereof. The salary of each of the mem- Sal aries, etc . bees of the Board shall be $5,000 per annum. The Commissioners 8t;6',17 1 -34-21