Page:United States Statutes at Large Volume 49 Part 1.djvu/1024

 74TH CONGRESS. SESS. I. CH. 814 . AUGUST 29, 1935. (1) Any person who, on May 25, 1935, held a basic permit as distiller, rectifier, wine producer, or importer issued by an agency of the Federal Government. (2) Any other pe rson unless the Admi nistrator finds (A) t hat such person (or in case of a corporation, any of its officers, direc- tors, or principal stockholders) has, within five years prior to date of application, been convicted of a felony tinder Federal or State law or has, within three years prior to date of application, been convicted of a misdemeanor under any Federal law relating to liquor, including the taxation thereof ; or (B) that such person is, by reason of his business experience, financial standing, or trade connections, not likely to commence operations within a reasonable period or to maintain such operations in conformity with Federal law ; or (C) that the operations proposed to be conducted by such person are in violation of the law of the State in which they are to be conducted. (b) If upon examination of any application for a basic permit the Administrator has reason to believe that the applicant is not entitled to such permit, he shall notify the applicant thereof and, upon request by the applicant, afford him due notice and opportunity for hearing on the ap plicati on. If the Admini strato r, afte r affo rding s uch no tice and oppor tunity for he aring, finds that t he appl icant is not entitl ed to a basic permit hereunder, lie shall by order deny the application stating the findings which are the basis for his order. (c) The Administrator shall prescribe the manner and form of all applications for basic permits (including the facts to be set forth therein) and the form of all basic permits, and shall specify in any basic permit the authority conferred by the permit and the condi- tions thereof in accordance with the provisions of this Act. To the e xtent deemed necess ary by the Ad minist rator f or the effici ent ad min- istration of this Act, separate applications and permits shall be required by the Administrator with respect to distilled spirits, wine, a nd mal t bever ages, and the vario us cla sses th ereof, and wi th res pect t o the various class es of p ersons entit led to permit s hereu nder. The issuance of a basic permit under this Act shall not operate to deprive the United States of its remedy for any violation of law. (d) A basic permit shall be conditioned upon compliance with the requirements of section 5 (relating to unfair competition and unlawful practices) and of section 6 (relating to bulk sales and bottling), with the twenty-first amendment and laws relating to the enforcement thereof, and with all other Federal laws relating to distilled spirits, wine, and malt beverages, including taxes with r espect theret o. (e) A basic permit shall by order of the Administrator, after due notice and opportunity for hearing to the permittee, (1) be revoked, or suspended for such period as the Administrator deems appro- priate, if the Administrator finds that the permittee has willfully violated any of the conditions thereof, provided that for a first viola- tio n of t he cond itions there of the permit shall be sub ject to suspe n- sion only ; or (2) be revoked if the Administrator finds that the permittee has not engaged in the operations authorized by the permit for a period of more than two years ; or (3) be annulled if the Administrator finds that the permit was procured through fraud, or misrepresentation, or concealment of material fact. The order shall state the findings which are the basis for the order. (f) Orders of the Administrator with respect to any denial of a pplica tion, s uspens ion, re vocati on, an nulment, or o ther pr oceedi ngs, shall be served (1) in person by any officer or employee of the Administration designated by the Administrator or any internal Refusal to issue. Applications for. 979 Notification to appli- cant ; hearing. Authority conferred by permit to be speci- fied . Separate applications and permits; require- m ent. Issue conditioned up- on compliance with specified provisions . Post, p. 981. Vol.48,p.1749 . Revocation, suspen- sion, or annulment of permits. Statement of fnd- ings in order. Service of orders of Administrator.