PRIA, Government Policy, Made Personal

Summary

You must get a permit from the Secretary before you do any of these: get or use distilled spirits free of tax under section 5214(a)(2) or (3), handle or use specially denatured distilled spirits, or recover specially or completely denatured distilled spirits. You must apply in the form and at the times the Secretary requires. Permits will say exactly what you may do, where you may do it, and when. The Secretary sets the conditions for the permit. An application can be turned down after you are notified and given a hearing if you are not legally allowed to withdraw or use the spirits, if your business record, money, or connections make you unlikely to follow the rules, if you hid or lied about important facts, or if the place you plan to use is not good enough to protect government revenue. You may have to report changes and file an updated application. After notice and a hearing, a permit can be suspended or revoked for many reasons (not following the chapter or permit rules, false statements, certain criminal violations, not doing permitted work for more than 2 years, and other specific failures). Permits stay in effect until suspended, revoked, or surrendered, and must be posted for inspection on the permitted premises. The Secretary will make rules for issuing, denying, suspending, revoking permits and for dealing with unused spirits when a permit ends.

Title 26, §5271

Internal Revenue Code, Source: USLM XML via OLRC

(a)Requirements

No person shall—

(1)procure or use distilled spirits free of tax under the provisions of section 5214(a)(2) or (3); or

(2)procure, deal in, or use specially denatured distilled spirits; or

(3)recover specially or completely denatured distilled spirits, until he has filed an application with and received a permit to do so from the Secretary.

(b)Form of application and permit

(1)The application required by subsection (a) shall be in such form, shall be submitted at such times, and shall contain such information, as the Secretary shall by regulations prescribe.

(2)Permits under this section shall, under such regulations as the Secretary shall prescribe, designate and limit the acts which are permitted, and the place where and time when such acts may be performed. Such permits shall be issued in such form and under such conditions as the Secretary may by regulations prescribe.

(c)Disapproval of application

Any application submitted under this section may be disapproved and the permit denied if the Secretary, 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 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 or revocation

If, after notice and hearing, the Secretary finds that any person holding a permit issued under this section— (1)

(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 a 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 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 shall prescribe all necessary regulations relating to issuance, denial, suspension, or revocation, of permits under this section, and for the disposition of distilled spirits (including specially denatured distilled spirits) procured under permit pursuant to this section which remain unused when such permit is no longer in effect.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 5271, act Aug. 16, 1954, ch. 736, 68A Stat. 650, related to “notice of business of rectifier”, prior to the general revision of this chapter by Pub. L. 85–859. See section 5171(a), (c), 5172, and 5178(a)(1)(A), (4)(B)–(D) of this title. Provisions similar to those comprising subsecs. (a) to (f) and (h) of this section were contained in prior section 5304(a)(1) to (4), (b), (c), act Aug. 16, 1954, ch. 736, 68A Stat. 655, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

1976—Subsecs. (a) to (e), (h). Pub. L. 94–455 struck out “or his delegate” after “Secretary” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective July 1, 1959, see section 210(a)(1) of Pub. L. 85–859, set out as a note under section 5001 of this title.

§5271 Permits