Page:United States Statutes at Large Volume 53 Part 1.djvu/381

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and with such changes of or additions thereto, and such locks, seals, or other fastenings, and under such rules and regulations as shall be from time to time prescribed by the Commissioner, subject to the approval of the Secretary, and all locks and seals prescribed shall be provided by the Commissioner at the expense of the United States: Provided further, That the tax imposed by law on fermented liquor shall be paid on all fermented liquor removed from a brewery to a bottling house by means of a pipe or conduit, at the time of such removal by the cancelation and defacement, by the officer designated by the Commissioner, in the presence of the brewer, of the number of stamps denoting the tax on the fermented liquor thus removed, or in such other manner as may be prescribed by regulations issued by the Commissioner with the approval of the Secretary. The stamps thus canceled and defaced shall be disposed of and accounted for in the manner directed by the Commissioner, with the approval of the Secretary. And any violation of the rules and regulations prescribed by the Commissioner, with the approval of the Secretary, in pur- suance of these provisions, shall be subject to the penalties above pro- vided by this section. Every owner, agent, or superintendent of any brewery or bottling house who removes, or connives at the removal of, any fermented liquor through a pipe line or conduit, without pay- ment of the tax thereon, or who attempts in any manner to defraud the revenue as above, shall forfeit all the liquors made by and for him, and all the vessels, utensils, and apparatus used in making the same. (b) RULES AAND REGULATIONS. -T he Commissioner is hereby author- ized, with the approval of the Secretary, to make all rules and regu- lations necessary to carry out the provisions of this section. (c) TRANSFER OF DUTIES.- For transfer of powers and duties of Commissioner and his agents, see section 3170. SEC. 3158. BREWERY PREMISES. The brewery premises shall consist of the land and buildings de- scribed in the brewer's notice and shall be used solely for the pur- poses of manufacturing beer, lager beer, ale, porter, and similar fermented malt liquors, cereal beverages containing less than one- half of 1 per centum of alcohol by volume, vitamins, ice, malt, and malt syrup; of drying spent ograin from the brewery; of recovering carbon dioxide and yeast; and of storing bottles, packages, and sup- plies necessary or incidental to all such manufacture. The brewery bottling house shall be used solely for the purposes of bottling beer, lager beer, ale, porter, and similar fermented malt liquors, and cereal beverages containing less than one-half of 1 per centum of alcohol bv volltlne. Notwithstanding the foregoing provisions, where any such brewery premises or brewery bottling house is, on June 26, 1936, being used by any brewer for purposes other than those herein de- scribed, or the brewery bottling house is, on such date, being used for the bottling of soft drinks, the use of the brewery and bottling house premises for such purposes may be continued by such brewer. The brewery bottling house of any brewery shall not be used for the bottling of the product of any other brewery. Any brewer who uses his brewery or bottling house contrary to the provisions of this subsection shall be fined not more than $50 with respect to each day upon which any such use occurs. SEC. 3159. PENALTIES AND FORFEITURES. (a) EVASION OF TAX OR NONCOMPLIANCE WITH REQUIREMENTS ON BREwERs.- Every owner, agent, or superintendent of any brewery, vessels, or utensils used in making fermented liquors, who evades or attempts to evade the payment of the tax thereon, or fraudulently neglects or refuses to make true and exact entry and report of the same in the manner required by law, or to do, or cause to be done, any of the things by law required to be done by him, or who inten- LIQUOR 371