Page:United States Statutes at Large Volume 53 Part 1.djvu/673

This page needs to be proofread.


CLXVIII CODIFICATION OF INTERNAL REVENUE LAWS prevent competition in interstate or foreign commerce in distilled spirits. The Administrator shall, by order, grant or deny such application on the basis of the proof submitted to him and his finding thereon. The District Courts of the United States, the Supreme Court of the District of Columbia, and the United States court for any Territory shall have jurisdiction of suits to enjoin, annul, or suspend in whole or in part any final action by the Administrator upon any application under this subsection. (b) An individual may, without regard to the provisions of subsection (a), take office as an officer or director of a company described in subsection (a) while holding the position of officer or director of any other such company if such companies are affiliates at the time of his taking office and if- (1) Such companies are affiliates on the date of the enactment of this Act; or (2) Each of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State; or (3) One or more such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the laws of such State, and the other one or more of such companies not so organized, is in existence on the date of the enactment of this Act; or (4) One or more of such companies has been organized under the law of a State to comply with a requirement thereof under which, as a condition of doing business in such State, such company must be organized under the law of such State, and not more than one of such companies is a company which has not been so organized and which has been organized after the date of the enactment of this Act. (c) As used in this section, the term "company" means a corporation, joint stock company, business trust, or association, but does not include any agency of a State or political subdivision thereof or any officer or employee of any such agency. (d) Any individual taking office in violation of this section shall be punished by a fine of not exceeding $1,000. (U. S . C ., Title 27, § 208.) DISPOSAL OF FORFErIE ALCOLIO BEVEMAGES SEC. 9. (a) All distilled spirits, wine, and malt beverages forfeited, sum - marily or by order of court, under any law of the United States, shall be de- livered to the Secretary of the Treasury to be disposed of as hereinafter provided. (b) The Secretary of the Treasury shall dispose of all distilled spirits, wine, and malt beverages which have been delivered to him pursuant to subsec- tion (a)- (1) By delivery to such Government agencies as, in his opinion, have a need for such distilled spirits, wine, or malt beverages for medicinal, scien- tific, or mechanical purposes; or (2) By gift to such eleemosynary institutions as, in his opinion, have a need for such distilled spirits, wine, or malt beverages for medicinal pur- poses; or (3) By destruction. (c) No distilled spirits, wine, or malt beverages which have been seized under any law of the United States, may be disposed of in any manner what- soever except after forfeiture and as provided in this section. (d) The Secretary of the Treasury is authorized to make all rules and regu- lations necessary to carry out the provisions of this section. (U. S . C., Title 27, § 209.) (Section 9 amended by sec. 507 of the Lquor Tax Administration Act of June 20, 1936. See poet, this Title.) MISCKLLANOUB SEO. 17. (a) As used in this Act- (1) The term "Administrator" means the head of the Federal Alcohol Administration. (2) The term "United States" means the several States and Territories and the District of Columbia; the term "State" includes a Territory and the District of Columbia; and the term "Territory" means Alaska, Hawaii, and Puerto Rico. (3) The term "Interstate or foreign commerce" means commerce between any State and any place outside thereof, or commerce within any Territory or the District of Columbia, or between points within the same State but through any place outside thereof.