Page:United States Statutes at Large Volume 72 Part 1.djvu/1413

 72 S T A T. ]

PUBLIC LAW 85-859-SEPT. 2, 1958

Secretary or his delegate, after notice and opportunity for hearing, finds that— "(1) in case of an application to withdraw and use distilled spirits free of tax, the applicant is not authorized by law or regulations issued pursuant thereto to withdraw or use such distilled spirits; or "(2) the applicant (including, in the case of a corporation, any officer, director, or principal stockholder, and, in the case of a partnership, a partner) is, by reason of his business experience, financial standing, or trade connections, not likely to maintain operations in compliance with this chapter; or "(3) the applicant has failed to disclose any material information required, or made any false statement as to any material fact, in connection with his application; or "(4) the premises on which it is proposed to conduct the business are not adequate to protect the revenue. " (d) CHANGES AFTER ISSUANCE OF PERMIT.—With respect to any change relating to the information contained in the application for a permit issued under this section, the Secretary or his delegate may by regulations require the filing of written notice of such change and, where the change affects the terms of the permit, require the filing of an amended application. "(e) SUSPENSION O REVOCATION.—If, after notice and hearing, the R Secretary or his delegate finds that any person holding a permit issued under this section— "(1) has not in good faith complied with the provisions of this chapter or regulations issued thereunder; or " (2) has violated the conditions of such permit; or "(3) has made any false statement as to any material fact in his application therefor; or "(4) has failed to disclose any material information required to be furnished; or "(5) has violated or conspired to violate any law of the United States relating to intoxicating liquor, or has been convicted of any offense under this title punishable as a felony or of any conspiracy to commit such offense; or "(6) is, in the case of any person who has a permit under subsection (a)(1) or (a)(2), by reason of his operations, no longer warranted in procuring or using the distilled spirits or specially denatured distilled spirits authorized by his permit; or "(7) has, in the case of any person who has it permit under subsection (a)(2), manufactured articles which do not correspond to the descriptions and limitations prescribed by law and regulations; or "(8) has not engaged in any of the operations authorized by the permit for a period of more than 2 years; such permit may, in whole or in part, be revoked or be suspended for such period as the Secretary or his delegate deems proper. "(f) DURATION OF PERMITS.—Permits issued under this section, unless terminated by the terms of the permit, shall continue in effect until suspended or revoked as provided in this section, or until voluntarily surrendered. " (g) POSTING OF PERMITS.—Permits issued under this section, to use distilled spirits free of tax, to deal in or use specially denatured distilled spirits, or to recover specially or completely denatured distilled spirits, shall be kept posted available for inspection on the premises covered by the permit. " (h) REGULATIONS.—The Secretary or his delegate shall prescribe all necessary regulations relating to issuance, denial, suspension, or

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