Volume 50 · 803
Public Law 75–766
To amend the District of Columbia Alcoholic Beverage Control Act.
Approved August 25, 1937
Statutory text
AN ACT
To amend the District of Columbia Alcoholic Beverage Control Act.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That subsection (b) of section 14 of the District of Columbia Alcoholic Beverage Control Act, as amended, is hereby amended to read as follows:
“Sec. 14.
(b) Before granting a retailer’s license, except a retailer’s license class E or class F, the Board shall give notice by advertisement published once a week and for at least two weeks in some newspaper of general circulation published in the District of Columbia. The advertisement so published shall contain the name of the applicant and a description by street and number, or other plain designation, of the particular location for which the license is requested and
Protests.
the class of license desired. Such notice shall state that remonstrants are entitled to be heard before the granting of such licenses and shall name the time and place of such hearing. There shall also be posted by the Board a notice, in a conspicuous place, on the outside of the premises. This notice shall state that remonstrants are entitled to be heard before the granting of such licenses
Posting notices on premises.
and shall name the same time and place for such hearing as set out in the public
Action deferred pending hearing.
advertisement; and, if remonstrance against the granting or such license is filed, no final action shall be taken by the Board until the remonstrant shall have had an opportunity to be heard, under rules
Defacing, etc., of notice.
and regulations prescribed by said Board. Any person willfully removing, obliterating, marring, or defacing said notice shall be
Renewals.
deemed guilty of a violation of this Act. The provisions of this subsection relating to notice by advertisement in some newspaper of general circulation shall not apply to the issuance of a license to a retailer for any place of business if such retailer is the holder of a license of the same class for the same place and if said last-mentioned license is in effect on the date the application for the new license is filed.”
Sec. 2.
That subsection (d) of section 14 of the District of Columbia
Alcoholic Beverage Control Act, as amended, is hereby amended to read as follows:
“Sec. 14.
(d) A separate application shall be filed with respect
Separate application for each place of business.
to each place of business. The required license fee shall be paid to the collector of taxes and his duplicate receipt shall accompany the application for license. In the event the license is denied the fee shall be returned. Every such application shall be verified by the
Verification.
affidavit of the applicant, if an individual, or by all of the members of a partnership, or by the president or vice president of a corporation. If any false statement is knowingly made in such application,
False statements.
or in any accompanying statement under oath which may be required by the Commissioners or the Board, the person making the same shall be deemed guilty of perjury. The making of a false statement
Penalty.
in any such application, or in any such accompanying statement, whether made with or without the knowledge or consent of the applicant, shall, in the discretion of the Board, constitute sufficient cause for the revocation of the license.”
Sec. 3.
That the second paragraph of section 17 of the District
of Columbia Alcoholic Beverage Control Act, as amended, is hereby amended to read as follows:
“That in the event the Board at any time shall order the suspension
Posting of notice of suspension on premises.
of any license a notice may be posted by the Board, in a conspicuous place, on the outside of the licensed premises, at or near the main street entrance thereto; which notice shall state that the license theretofore issued to the licensee has been suspended and shall state the time for which said license is suspended, and state that the suspension is ordered because of a violation of the District of Columbia Alcoholic Beverage Control Act, or of the Commissioners’ regulations adopted under authority of said District of Columbia Alcoholic Beverage Control Act.”
Sec. 4.
That the District of Columbia Alcoholic Beverage Control
Act, as amended, is hereby further amended by adding at the end thereof the following new section:
“Sec. 39.
(a) It shall be unlawful for anyone, except a public or
Limitation on importations, etc.
common carrier or the holder of a manufacturer’s, wholesaler’s, or retailer’s license issued under this Act, to transport, import, bring, or ship or cause to be transported, imported, brought, or shipped into the District of Columbia from without the District of Columbia any wines, spirits, or beer in a quantity in excess of one gallon at any one time.
“(b) No public or common carrier shall transport or bring into
Common carriers.
the District of Columbia wine, spirits, or beer in a quantity in excess of one gallon at any one time for delivery to any one person in the District of Columbia other than the holder of a manufacturer’s, wholesaler’s, or retailer’s license issued under this Act.
“(c) The provisions of this section shall not apply to bona-fide
Exemptions.
possessors of old stocks who are moving into the District of Columbia nor to embassies or diplomatic representatives of foreign countries, nor to wines imported for religious or sacramental purposes, nor to wine, spirits, and beer to be delivered to the holder of a manufacturer’s, wholesaler’s, or retailer’s license issued under this Act.
“(d) The penalty for violation of this section shall consist of the
Penalty provisions.
forfeiture of the beverages transported, imported, or shipped or caused to be transported, imported, brought, or shipped in violation of this section, and a fine of not more than $500 or imprisonment for not more than six months.”
Approved, August 25, 1937.