Page:United States Statutes at Large Volume 48 Part 1.djvu/354

 328 Citizenship, age, etc. Prior offenses. Ownership, etc ., statement. interest of manufac- t urer in re tail busi ness, etc. Character of prem- ises. Advertising applica- tion for r etail er's licen se required. Hearing of protests. Posting notice on premises. Def err ing acti on pending opportunity of remonstrant to be heard. Defacing, eic ., no- tices. 73d C ONGRESS. SESS. II. CH.4. JANUARY 24, 1934 . principal offi cers and dire ctors, is of good moral character and generally fit for the trust to be in him reposed. 2 . That the applicant, if an individual or, if a partnership, each of the members of the partnership, or, if a corporation, each of its principal officers, is a citizen of the United States, not less th an twenty-one years of age, and has not ., within five years prior to the filing of such application, been convicted of a misdemeanor under the National Prohibition Act, as amended and supplemented, or, within ten years prior to such filing, been convicted of any felon. 3 . Except in the case of an application for a solicitors license, that the applicant is the true and actual owner of the business for which the lice nse is desire d, and that h e intends to c arry on the business authorized by the license for himself and not as the agent of any individual, partnership, association or corporation, and that he intends to superintend in person the management of the business licensed, or i ntends to hav e some other person, to be approved by the Board, manage the business for him, which said manager must possess all of the qualifications required of a licensee hereunder. 4. That in the case of an applicant for a wholesaler's license or a retailer's license (except a retailer's license class E), no manufac- turer or wholesaler of beverages other than the applicant (including a stockholder holding 25 per centum or more of the common stock, or an officer of any manufacturer or wholesaler of beverages, if such manufacturer or wholesaler is a corporation), has such a substantial interest, direct or indirect, in the business for which the license is requested, or in the premises in respect of which such license is to be issued, as in the judgment of the Board may tend to influence such licensee to purchase beverages from such manufacturer or whole- saler, and that such business will not be conducted with any money, equipment, furniture, fixtures, or property rented from or loaned or given by any such manufacturer or wholesaler (including such stock- holder or officer) or sold by such manufacturer or wholesaler (includ- ing such stockholder or officer) to any such licensee for less than the fair market va lue or upon a conditional sale agreement or chattel trust. 5 . That the place for which the license is to be issued is an appro- priate one considering the character of the premises, its surround- ings, and the wishes of the persons residing or owning property in the neighborhood of the premises for which the license is desired. (b) Bef ore gra nting a retai ler's l icense, excep t a ret ailer's licen se class E or class F, the Board shall give notice by advertisement pub- lished once a week and for at least two weeks in some newspaper of general circul ation publish ed in the Dis trict of Columbia. The advertisement so published shall contain the name of the applicant and a description by street and number, or other plain designation, of the particular location for which the license is requested and the class of license desired. Such notice shall state that remonstrants are entitled to be heard before the granting of such licenses and shall name the time and place of such hearing. There shall also be posted by the Board a notice, in a conspicuous place, on the outside of the premises. This notice shall state that remonstrants are entitled to be heard before the granting of such license and shall name the same time and place for such hearing as set out in the public advertisement ; and, if remonstrance against the granting of such li cense i s filed, no f inal ac tion sh all be taken by the Board until the remonstrant shall have had an opportunity to be heard, under rules and regulations prescribed by said Board. Any person will- fully removing, obliterating, marring, or defacing said notice shal l be deemed guilty of a violation of this Act.