Page:United States Statutes at Large Volume 48 Part 1.djvu/51

73d CONGRESS . SESS. I. CH.19. APRIL 5, 1933 . [CHAPTER 19 .1 AN ACT To provide revenue for the District of Columbia by the taxation of beverages, and for other purposes . Be it enacted by the Senate and House of Representatives o f the United States o f Ame ri ca in Congress ass em ble d, That the term "beverage " as used in this Act means beer, lager beer, ale, porter, wine, similar fermented malt or vinous liquor, and fruit juice, con- taining one-half of 1 per centum or more of alcohol by volume, and not more than 3 .2 per centum of alcohol by weight . SEC. 2 . (a) No individual, partnership, association, or corporation shall within the District of Columbia manufacture for sale or sell any beverage without having first obtained a permit under this Act for such manufacture or sale . (b) No individual shall within the District of Columbia offer for sale, or solicit any order for the sale of, within the District of Columbia, any beverage unless- (1) such individual has first obtained a permit of the character described in section 4(a) (5) ; and (2) the vendor is the holder of a permit issued under this Act authorizing such sale . Nothing i n this su bsection shall app ly to any offer fo r sale or solici- tation made upon the premises designated in •the permit of the vendor. SEC . 3 . The Commissioners of the District of Co lumbia are authorized to issue permits to individuals, partnerships, or corpora- tions, but not to unincorporated associations, on application duly made therefor for the manufacture, sale, offer for sale, or solicita- tion of orders for sale, of beverages within the District of Columbia, subject, however, to the limitations and restrictions imposed by this Act . The Commissioners shall keep a full record of all applications for permits, of all recommendations for and remonstrances against the gra nting of per mits, and of the a ction t aken t hereon . SEC. 4 . (a) Permits issued under authority of this Act shall be of five kind s (1) " On sale " permits, which shall be issued only for bona fide restaurants or hotels, or for bona fide incorporated clubs with annual dues of at least $6 . Such permits shall authorize the per- mittee to se ll bev erages for c onsump tion on the p remise s desi gnated in the permit, (A) in the case of restaurants, at public tables, but no beverage shall be sold or served in any room not used primarily for the serving and consumption of food ; except that beverages may be sold or served to assemblages of more than six individuals in privat e room s or a t priv ate ta bles w hen exp ressly autho rized by the Commissioners, or (B) in the case of hotels or clubs, at tables or in the rooms of guests or members . No such permit shall be issued for any resta urant whic h ha s not been est ablis hed a nd d oing busin ess for at least two months immediately prior to the application for such permit : Provided, That it shall be within the discretion of the Com- missioners whether any permit under this Act shall be issued for the sale of any such beverages in any building in the District of Columbia owned or leased by the United States and used for the transaction of public business ; (2) " Off sale " permits, which shall authorize the permittee to sell beverages for consumption only off the premises designated in the permit, and not to other permittees for resale, but such sale shall be made only in the immediate container in which the beverage was April 5,1933 . [H.R.3342.1 [Public, No . 7 .1 Taxation of bever- ages in District of Columbia. Post, p.336. Vol . 39, p. 1123, amended . "Beverage" defined . Alcoholic content . Permits to manu- facture or sell required . Post, p. 335 . 25 Offer for sale or solic- i ting o rders, witho ut permit forbidden. Solicitors' permit . Post, p . 26. Vendor . Persons to wh om permits may be issued . Record to be kept . Kinds of permits . "On sale ." Pro vi sio ns govern- ing . Restau rants . Hotels or clubs . Establish ment for two months necessary . Proviso . Sale in pu blic build - ings. "Off sales ." Restrictions, etc .