PRIA, Government Policy, Made Personal

Summary

Federal district and territorial courts in the district where an offense happened or was threatened, or where the offender lives or has their main business, can hear cases the Attorney General brings to stop violations of these rules. A person who breaks section 203 or 205 commits a misdemeanor and may be fined up to $1,000 for each offense. The Secretary of the Treasury may settle a violation by accepting up to $500 per offense, with the money paid into the Treasury. For repeated violations, to avoid many criminal cases, the government and the violator can agree that, after five days’ notice, a court may enter a consent decree stopping further violations.

Title 27, §207

Intoxicating Liquors, Source: USLM XML via OLRC

The District Courts of the United States, and the United States court for any Territory, of the District where the offense is committed or threatened or of which the offender is an inhabitant or has his principal place of business, are vested with jurisdiction of any suit brought by the Attorney General in the name of the United States, to prevent and restrain violations of any of the provisions of this subchapter. Any person violating any of the provisions of section 203 or 205 of this title shall be guilty of a misdemeanor and upon conviction thereof be fined not more than $1,000 for each offense. The Secretary of the Treasury is authorized, with respect to any violation of this subchapter, to compromise the liability arising with respect to such violation (1) upon payment of a sum not in excess of $500 for each offense, to be collected by the Secretary and to be paid into the Treasury as miscellaneous receipts, and (2) in case of repetitious violations and in order to avoid multiplicity of criminal proceedings, upon agreement to a stipulation, that the United States may, on its own motion upon five days’ notice to the violator, cause a consent decree to be entered by any court of competent jurisdiction enjoining the repetition of such violation.

Notes & Related Subsidiaries

Editorial Notes

Codification As originally enacted this section contained a reference to the Supreme Court of the District of Columbia. Act

June 25, 1936, substituted “the district court of the United States for the District of Columbia” for “the Supreme Court of the District of Columbia”, and act

June 25, 1948, as amended by act

May 24, 1949, substituted “United States District Court for the District of Columbia” for “district court of the United States for the District of Columbia”. However, the words “United States District Court for the District of Columbia” have been deleted entirely as superfluous in view of section 132(a) of Title 28, Judiciary and Judicial Procedure, which states that “There shall be in each judicial district a district court which shall be a court of record known as the United States District Court for the district”, and section 88 of Title 28 which states that “the District of Columbia constitutes one judicial district”.

Amendments

1988—Pub. L. 100–690, § 8001(b)(2), substituted “subchapter” for “chapter” in two places. Pub. L. 100–690, § 8001(b)(4), made technical amendment to references to section 203 and 205 of this title to reflect renumbering of corresponding sections of original act.

Executive Documents

Transfer of Functions

“The Secretary of the Treasury is authorized” and “Secretary” were substituted for “Subject to the approval of the Attorney General, the Administrator is authorized” and “Administrator”, meaning the Administrator of the Federal Alcohol Administration, respectively, pursuant to Reorg. Plan No. IV of 1940, set out in the Appendix to Title 5, Government Organization and Employees, which transferred the function of approving compromises made in accordance with this section from the Attorney General to the Secretary of the Treasury, to be exercised by him or under his direction and supervision by officer in the Department of the Treasury designated by him, and Reorg. Plan No. III of 1940, set out in the Appendix to Title V, which transferred the functions of the Administrator of the Federal Alcohol Administration to the Secretary of the Treasury. Reorg. Plan No. IV of 1940, in addition, contained the following proviso: “Provided, That exclusive jurisdiction to compromise cases arising under the Federal Alcohol Administration Act which are pending before the courts or which have been or may hereafter be referred to the Department of Justice for action shall be vested in the Attorney General, and may be exercised by him or by any officer in the Department of Justice designated by him.” See also note set out under section 201 of this title.

§207 Penalties; Jurisdiction; Compromise of Liability