Page:United States Statutes at Large Volume 49 Part 1.djvu/1026

 74 TH CONGRES S. SESS. I. CH. 814. AUG UST 29, 1935 . 981 more than eighteen months after conviction of the violation of Federal law, or, if no conviction has been had, more than three years after the violation occurred ; and no basic permit shall be suspended or revoked for a violation of any such condition thereof if the alleged violation of Federal law has been compromised by any officer of the Government authorized to compromise su ch viol ation. Unfair competition and unlawf ul prac tices. SEC. 5. It shall be unlawful for any person engaged in business classes of persons to whom practices pro- as a distiller, bre wer, rectifier, blender, or ot her producer, o r as an hib ited . importer or wholesaler, of distilled spirits, wine, or malt beverages, or as a bottler, or warehouseman and bottler, of distilled spirits, Probibi ted pra ctices. directly or indirectly or through an affiliate (a) Exclusive outlet : To require, by agreement or otherwise, that sie uti0tion of exelu- any retailer engaged in the sale of distilled spirits, wine, or malt bev- erages, purchase any such products from such person to the exclusion in whole or in part of distilled spirits, wine, or malt beverages sold or offered for sale by other persons in interstate or foreign commerce, if such requirement is made in the course of interstate or foreign commerce, or if such person engages in such practice to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such requirement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale any such products to such retailer in interstate or foreign commerce ; or (b) "Tied house " : To induce through any of the following means, Inducing excl usive purchasing arrange- any retailer, engaged in the sale of distilled spirits, wine, or malt bev- menu with retailers. erages, to purchase any such products from such person to the exclu- sion in whol e or in part of distilled spir its, wine, or m alt beverages sold or offered for sale by other persons in interstate or foreign com- merce, if such inducement is made in the course of interstate or foreign commerce, or if su ch person engages in the pract ice of usi ng such means, or any of them, to such an extent as substantially to restrain or prevent transactions in interstate or foreign commerce in any such products, or if the direct effect of such inducement is to prevent, deter, hinder, or restrict other persons from selling or offering for sale an such products to such retailer in interstate or foreign commerce : (T By acquiring or holding (af ter the expirat ion of any exis ting license) Through holding in- any interest in any license with respect to the premises of the terest in retail license. retailer ; or (2) by acquiring any interest in real or personal prop- erty owned, occupied, or used by the retailer in the conduct of his business ; or (3) by furnishing, giving, renting, lending, or selling to the r etailer, a ny equipme nt, fixtur es, signs, supplies, money, services, or other thing of value, subject to such exceptions as the Administrator shall by regulation prescribe, having due regard for public healt h, the quantity and value of a rticles involve d, estab- lished trade customs not contrary to the public interest and the purposes of this subsection ; or (4) by paying or crediting the retailer for any advertising, display, or distribution service ; or (5) by guaranteeing any loan or the repayment of any financial obligation of the retailer ; or (6) by extending to the retailer credit for a period in excess of the credit period usual and customary to the industry for the particular class of transactions, as ascertained by the A dministrat or and pre scribed by regulatio ns by him ; o r ( 7 ) by requiring the retailer to take and dispose of a certain quota of any of such products ; or UNFAIR COMPETITION AND UNLAWFUL PRACTICES Acquiring interest in retail premises. Furnishing things of value. Paying, etc ., for ad- vertising, etc., service. Guaranteeing loans, etc. Extending credit to retail er. Requiring retailer to take products on quota basis.