PRIA, Government Policy, Made Personal

Summary

You must have a basic permit from the Secretary of the Treasury to do certain alcohol businesses. That includes importing distilled spirits, wine, or malt beverages; making, distilling, blending, bottling, or warehousing those drinks; and buying them to resell at wholesale. Without the permit, you cannot sell, offer, ship, deliver, or contract to sell those products in interstate or foreign trade, even through an affiliate. The rule about buying for resale took effect July 1, 1936. State agencies and their officers or employees are exempt and do not need a permit.

Title 27, §203

Intoxicating Liquors, Source: USLM XML via OLRC

In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amendment, 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 subchapter by the Secretary of the Treasury—

(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.

(b)It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—

(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

(c)It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—

(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 indirectly 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 subchapter.

Notes & Related Subsidiaries

Editorial Notes

Codification In the original, subsections (a) and (b) of this section contained a final paragraph which provided as follows: “This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this title takes office.”

Amendments

1988—Pub. L. 100–690, § 8001(b)(2), substituted “subchapter” for “chapter” wherever appearing. 1936—Subsec. (c). Act Feb. 29, 1936, extended the

Effective Date

from

March 1, 1936, to

July 1, 1936.

Executive Documents

Transfer of Functions

“Secretary of the Treasury” was substituted in text for “Administrator”, meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title.

§203 Unlawful Businesses Without Permit; Application to State Agency