Page:United States Statutes at Large Volume 53 Part 1.djvu/667

 CODIFICATION OF INTERNAL REVENUE LAWS (g) The provisions, including penalties, of sections 9 and 10 of the Federal Trade Commission Act, as now or hereafter amended, shall be applicable to the jurisdiction, powers, and duties of the Administrator, and to any person (whether or not a corporation) subject to the provisions of laws administered by the Administrator. (h) The Administrator is authorized to require, in such manner and form as he shall prescribe, such reports as are necessary to carry out his powers and duties. (i) The Administrator shall make a report to Congress, at the beginning of each regular session, of the administration of the functions with which he is charged, and shall include in such report the names and compensation of all persons employed by the Administration. (U. S . C ., Title 27, § 202.) UNLAWFUL BUsINESSES WITHOUT PERMIT SEO. 3 . In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amend- ment, and to protect the revenue and enforce the postal laws with respect to distilled spirits, wine, and malt beverages: (a) It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator- (1) to engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported. This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this Act takes office. (b) It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator- (1) to engage in the business of distilling distilled spirits, producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits; or (2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits or wine so distilled, produced, rectified, blended, or bottled, or warehoused and bottled. This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this Act takes office. (c) It shall be unlawful, except pursuant to a basic permit issued under this Act by the Administrator- (1) to engage in the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages; or (2) for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indi- rectly or through an affiliate, distilled spirits, wine or malt beverages so purchased. This subsection shall take effect July 1, 1936. This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this Act. (Amended Feb. 29, 1936, c. 106, § 1, 49 Stat. 1152.) (U. S. C ., Title 27, § 203.) PERMITS SEC. 4. (a) The following persons shall, on application therefor, be entitled to a basic permit: (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 person unless the Administrator finds (A) that such person (or in case of a corporation, any of its officers, directors, or principal stock- holders) has, within five years prior to date of application, been convicted of a felony under Federal or State law or has, within three years prior to date of application, been convicted of a misdemeanor under any Federal law relat- ing 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 pro- posed to be conducted by such person are in violation of thel law of the State in which they are to be conducted. (b) If upon examination of any application for a basic permit the Adminis- trator 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 application. If the Administrator, CLXII

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