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"(d) No tax shall be levied and collected on any alcohol exempt from tax under the laws of the United States, or on any alcohol sold for nonbeverage purposes by the holder of a manufacturer's or wholesaler's license, in accordance with the regulations promulgated by the Board.
“(e) If any Act of Congress shall hereafter prescribe for a Federal volume tax on alcoholic beverages under which a portion of said tax shall be returned to the District, the taxes levied under this section shall not be collected after the effective date of said Act.
“(f) No taxing provision of this section shall apply in the case of a passenger-carrying marine vessel operating in and beyond the District, or a club car or a dining car on a railroad operating in and beyond the District, for which a retailer's license, class C or D, has been issued under this Act, except as set forth in this subsection. The tax as specified in subsection (a) of this section shall be paid on all such alcoholic beverages as are sold and served by said licensee while passing through or when at rest in the District, in the following manner: A record shall be made and kept by the licensee for each passenger-carrying marine vessel operating in and beyond the District, and for each club car or dining car on a railroad operating in and beyond the District, for which a retailer's license, class C or class D, has been issued under this Act, of all alcoholic beverages sold and served in the District, which record shall be subject to inspection by the Board. Each holder of such a license shall, on or before the tenth day of each month, forward to the Board on a form to be prescribed by the Commissioners, a statement under oath, showing the quantity of each kind of alcoholic beverage, except beer and wine sold under such license in the District during the preceding calendar month and such statement shall be accompanied by payment of any tax imposed under this Act upon any such alcoholic beverages set forth in said report. “(g) The Commissioners may provide that
“(1) no tax shall be levied or collected under this section on any alcoholic beverage imported into the United States by the head of a foreign diplomatic or consular mission for his personal or official use, and
“(2) no tax shall be levied or collected under this section on any alcoholic beverage purchased by the head of a foreign diplomatic or consular mission for his personal or official use from a holder of a wholesaler's license under this Act, if such beverage is withdrawn from a customs bonded warehouse which is under the supervision of the Secretary of the Treasury and is located
on the premises of such licensee. "SEC. 24. No licensee under this Act shall allow any person who has, within ten years prior thereto, been convicted of any felony, to sell, give, furnish, or distribute any alcoholic beverage, nor allow any minor under the age of twentyone years of age to sell, give, furnish, or distribute any alcoholic beverage, except beer and light wines, or any minor under the age of eighteen years to sell, give, furnish, or distribute beer and light wines.
"Sec. 25. The Board is hereby authorized and empowered to summon any person before it to give testimony on oath or affirmation, or to produce all books, records, papers, documents, or other legal evidence as to any matter affecting the operation of this Act and any member of said Board shall have the power to administer all oaths and affirmations for the purposes of the administration of this Act. Such summons may be served by any member of the Metropolitan Police Department. If any witness having been personally summoned shall neglect or refuse to obey the summons issued as herein provided, then and in that event any member of the Board may report that fact to the United States District Court for the District of Columbia or one of the judges thereof and said court or any judge thereof hereby is empowered to compel obedience to said summons to the same extent as witnesses may be compelled to obey the subpenas of that court. Witnesses, other than those employed by the District or the United States Government, summoned to appear before said Board shall be entitled to the same fees as are paid witnesses for attendance before the United States District Court for the District of Columbia, but said fees need not be paid said witnesses in advance of their appearing and testifying, or producing books, records, papers, documents, or other legal evidence before said Board. Any person who shall willfully swear falsely in any proceeding, matter, or hearing before said Board shall be deemed guilty of prejury.
"SEC. 26. (a) No person shall be intoxicated while in charge of or operating any locomotive or while acting as a conductor or brakeman of a car or train of cars, or while in charge of or operating any watercraft in the District. "(b) Any person violating the provisions of this section shall be punished by a fine of not more than $300, or by imprisonment for not longer than three months, or by both such fine and imprisonment in the discretion of the court.
“Sec. 27. (a) No person shall in the District drink any alcoholic beverage in any public space with respect to which a license has not been issued under this Act; or in any vehicle in or upon the same; or in or upon any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation not licensed under this Act; or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises except premises licensed under paragraph (13) of section 11 of this Act; or in any place to which the public is invited (for which a license under this Act has been issued) at a time when the sale of such alcoholic beverages on the premises is prohibited by this Act or by the regulations promulgated thereunder, or in any place for which a license under paragraph (13) of section 11 of this Act has been issued at a time when the consumption of such alcoholic beverages on the premises is prohibited by regulations promulgated under this Act. No such person shall be drunk or intoxicated in any public space; or in any vehicle in or upon the same or in any place to which the public is invited, or at any public gathering and no person anywhere shall be drunk or intoxicated and disturb the peace of any person.
"(b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than ninety days, or both.
"Sec. 28. (a) A search warrant may be issued by any judge of the District of Columbia Court of General Sessions or by a United States commissioner for the District of Columbia when any alcoholic beverages are manufactured for sale, kept for sale, sold, or consumed in violation of the provisions of this Act, and any such alcoholic beverages and any other property designed for use in connection with such unlawful manufacture for sale, keeping for sale, selling, or consumption may be seized thereunder, and shall be subject to such disposition as the court may make thereof, and such alcoholic beverages may be taken on the warrant from any house or other place in which it is concealed.
“(b) A search warrant cannot be issued but upon probable cause supported by affidavit particularly describing the property and the place to be searched.
"(c) The judge or commissioner must, before issuing the warrant, examine on oath the complainant and any witness he may produce, and require their affidavits or take their depositions in writing and cause them to be subscribed by the parties making them.
"(d) The affidavits or depositions must set forth the facts tending to establish the grounds of the application or probable cause for believing that they exist.
“(e) If the judge or commissioner is thereupon satisfied of the existence of the grounds of the application or that there is probable cause to believe their existence, he must issue a search warrant signed by him with his name of office to the Chief of Police or any member of the Metropolitan Police Department, stating the particular grounds or probable cause for its issue and the names of the persons whose affidavits have been taken in support thereof, and commanding him forthwith to search the place named for the property specified and to bring it before the judge or commissioner.
“(f) A search warrant may in all cases be served by any of the officers mentioned in its direction, but by no other person, except in aid of the officer on his requiring it, he being present and acting in its execution.
"(8) The officer may break open any outer or inner door or window of a house, or any part of a house, or anything therein, to execute the warrant, if, after notice of his authority and purpose, he is refused admittance.
"(h) The judge or commissioner must insert a direction in the warrant that it be served in the daytime unless the affidavit is positive that the property is in the place to be searched in which case he must insert a direction that it be served at any time in the day or night.
“(i) A search warrant must be executed and returned to the judge or commissioner who issued it within ten days after its date; after the expiration of this time the warrant, unless executed, is void.
“(j) When the officer takes property under the warrant, he must give a copy of the warrant together with a receipt for the property taken (specifying it in detail) to the person from whom it was taken by him, or in whose possession it was found; or, in the absence of any person, he must leave it in the place where he found the property.
"(k) The officer must forthwith return the warrant to the judge or commissioner and deliver to him a written inventory of the property taken, made publicly or in the presence of the person from whose possession it was taken, and of the applicant for the warrant, if they are present, verified by the affidavit of the officer at the foot of the inventory and taken before the judge or commissioner at the time, to the following effect : 'I, R. S., the officer by whom this warrant was executed, do swear that the above inventory contains a true and detailed account of all the property taken by me on the warrant.'
“(1) The judge or commissioner must thereupon, if required, deliver a copy of the inventory to the person from whose possession the property was taken and to the applicant for the warrant.
* (m) The judge or commissioner must annex the affidavits, search warrant, return, inventory, and evidence, and at once file the same, together with a copy of the record of his proceedings, with the clerk of the District of Columbia Court of General Sessions.
“(a) Whoever shall knowingly and willfully obstruct, resist, or oppose any such officer or person in serving or attempting to serve or execute any such search warrant, or shall assault, beat, or wound any such officer or person, knowing him to be an officer or person so authorized, shall be fined not more than $1,000 or imprisoned not more than two years.
“ (0) If the accused be discharged, the alcoholic beverages and other property seized shall be returned to the person in whose possession they were found; if he be convicted, the said alcoholic beverages and other property shall be forfeited and may be destroyed by the police department or delivered for medicinal, mechanical, or scientific uses to any department or agency of the United States Government or the District of Columbia government or any hospital or other charitable institution in the District, or sold at public auction, as the court may direct.
“(p) If any of said property so seized, other than the said alcoholic beverages and the containers thereof, shall be subject to a lien which is established by intervention or otherwise to the satisfaction of the court as being bona fide and as having been created without the lienor's having any notice that said property was to be used in connection with the illegal manufacture for sale, keeping for sale, or selling of alcoholic beverages, the court, upon the conviction of the accused, shall order a sale of said property at public auction and the officer making the sale, after deducting the expenses of keeping the property, the fee for the seizure and the cost of the sale, shall pay all such liens according to their priorities, and such lien or liens shall be transferred from the property to the proceeds of the sale thereof.
"Sec. 29. Any minor who falsely represents his age for the purpose of procuring any alcoholic beverage shall be deemed guilty of a misdemeanor and be fined for each offense not more than $25 and, in default in the payment of such fine, shall be imprisoned not exceeding ten days.
“Sec. 30. (a) Whosoever violates any of the provisions of this Act for which no specific penalty is provided, or any of the rules and regulations promulgated pursuant thereto, shall be punished by a fine of not more than $1,000 or by imprisonment for not longer than one year or by both such fine and imprisonment in the discretion of the court.
“(b) Prosecutions for violations of this Act shall be on information filed in the District of Columbia Court of General Sessions by the corporation counsel or any of his assistants, except for such violations as are felonies, and prosecutions for such violations as are felonies shall be by the United States attorney in and for the District of Columbia or any of his assistants.
“Sec. 31. No holder of a retailer's license, except a retailer's license class C, class D, or class E, shall sell on credit any alcoholic beverages.
“SEC. 32. No rectified or blended spirits shall be sold unless the container in which it is sold shall bear a legible label firmly affixed thereto stating the nature and percentage of each ingredient therein (except water), the age of each such ingredient, and the alcoholic content of such spirits by volume.
"SEC. 33. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provisions to other persons or circumstances, shall not be affected thereby.
"SEC. 34. (a) It shall be unlawful for anyone, except a public or 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 from without the District any wines, spirits, or beer in a quantity in excess of one gallon during any calendar month.
“(b) No public or common carrier shall transport or bring into the District wine, spirits, or beer in a quantity in excess of one gallon during any calendar month for delivery to any one person in the District 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 possessors of old stocks who are moving into the District nor to embassies or diplomatic representatives of foreign countries, nor to wines imported for religious or sacramental purposes.
“(d) The penalty for violation of this section shall consist of the forfeiture of the alcoholic 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.
"SEC. 35. (a) There shall be levied and collected by the District on all beer sold by the holder of a manufacturer's or whole er's license, except such beer as may have been purchased from a licensee under this Act, and except such beer as may be sold to a dealer licensed under the laws of any State or Commonwealth of the United States and not licensed under this Act, and on all beer purchased for resale by the holder of a retailer's license, except such beer as may have been purchased from a licensee under this Act, a tax of $1.50 for every barrel containing not more than thirty-one gallons and at a like rate for any other quantity or for the fractional parts thereof. Unless the Commissioners shall by regulation prescribe otherwise, the collection and payment of such tax shall be in the manner following:
“(1) Each holder of a manufacturer's or wholesaler's license shall, on or before the 10th day of each month, furnish to the Commissioners, on a form to be prescribed by them, a statement under oath showing the quantity of beer subject to taxation hereunder sold by him during the preceding calendar month and shall, on or before the 15th day of each month, pay to the Commissioners the tax hereby imposed upon the quantity of beer subject to taxation hereunder sold by him during the preceding calendar month.
“(2) No licensee holding a retailer's license shall transport or cause to be transported into the District for resale any beer, other than the regular stock on hand in a passenger-carrying marine vessel operating in and beyond the District, or a club car or a dining car on a railroad operating in and beyond the District, for which a retailer's license, class C or D, has been issued under this Act, unless such licensee has first obtained a permit so to do from the Board. No such permit shall issue until the tax imposed by this section shall have been paid for the beer for which the permit is requested. Such permit shall specifically set forth the quantity, character, and brand or trade name of the beer to be transported and the names and addresses of the seller and of the purchaser. Such permit shall accompany such beer during its transportation in the District to the licensed premises of such retail licensee and shall be exhibited upon the demand of any police officer or duly authorized inspector of the Board. Such permit shall, immediately upon receipt of the beer by the retail licensee, be marked 'canceled' and retained by him.
“(b) The Commissioners are authorized and empowered to prescribe by regulation such other methods or devices or both for the assessment, evidencing of payment, and collection of the taxes imposed by this section in addition to or in lieu of the method hereinbefore set forth whenever, in their judgment, such action is necessary to prevent frauds or evasions.
"(c) The taxes imposed hereby, when collected, shall be deposited in the Treasury of the United States to the credit of the District.
"SEC. 36. (a) Any building, ground, premises, or place where any alcoholic beverage is manufactured, sold, kept for sale, or permitted to be consumed in violation of this Act is hereby declared to be a nuisance, and may be enjoined and abated as hereinafter provided.
“(b) An action to enjoin any nuisance defined in subsection (a) of this ser tion may be brought in the name of the District of Columbia by the corporation counsel of the District of Columbia, or any of his assistants, in the civil branch of the District of Columbia Court of General Sessions against any person conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted or maintained. The rules of the District of Columbia Court of General Sessions relating to the granting of an injunction or restraining order shall be applicable with respect to actions brought under this subsection, except that the District as complaining party shall not be required to furnish bond or security. It shall not be necessary for the court to find the building, ground, premises, or place was being unlawfully used as aforesaid at the time of the hearing, but on finding that the mtaerial allegations of the complaint are true, the court shall enter an order restraining the defendant from manufacturing, selling, keeping for sale, or permitting to be consumed any alcoholic beverage in violation of this Act. When an injunction, either temporary or permanent, has been granted it shall be binding on the defendant throughout the District. Upon final judgment of the court ordering such nuisance to be abated, the court may order that the defendant, or anyone claiming under him, shall not occupy or use, for a period of one year thereafter, the building, ground, premises, or place upon which the nuisance existed, but the court may, in its discretion, permit the defendant to occupy or use the said building, ground, premises, or place, if the defendant shall give bond with sufficient security to be approved by the court, in the penal and liquidated sum of not less than $500 nor more than $1,000, payable to the District, and conditioned that alcoholic beverages will not thereafter be manufactured, sold, kept for sale, or permitted to be consumed in or upon the building, ground, premises, or place in violation of this Act.
"(c) In the case of the violation of any injunction, temporary or permanent, rendered pursuant to the provisions of this section, proceedings for punishment for contempt may be commenced by the corporation counsel or any of his assistants, by filing with the court in the same case in which the injunction was issued a petition under oath setting out the alleged offense constituting the violation and serving a copy of said petition upon the defendant requiring him to appear and answer the same within ten days from the service thereof. The trial shall be promptly held and may be upon affidavits or either party may demand the production and oral examination of the witnesses. Any person found guilty of contempt under the provisions of this section shall be punished by a fine of not more than $1,000 or by imprisonment for not more than twelve months, or by both such fine and imprisonment.
"Sec. 37. (a) It shall be unlawful for any person knowingly to disseminate or cause to be disseminated in the District any false advertisement by any means for the purpose of inducing or which is likely to induce, directly or indirectly, the purchase of any alcoholic beverage.
“(b) Any licensee under this Act who violates subsection (a) of this section with intent to defraud or mislead may have his license suspended or revoked after due notice and hearing by the Board, with right of review by the Commissioners, in accordance with the provisions of this Act.
"(c) No publisher, radio broadcast licensee, or agency or medium for the dissemination of advertising, other than the manufacturer, packer, distributor, or seller of the alcoholic beverage to which the false advertisement relates, shall be liable under this section by reason of dissemination by him of any false advertisement, unless he has refused on request of the Board to furnish it the name and post office address of the manufacturer, packer, distributor, seller, or advertising agency, residing in the United States, who caused him to disseminate such advertising. No advertising agency shall be liable under this section by reason of the causing by it of the dissemination of any false advertisement, unless it has refused on the request of the Board to furnish it the name and post office address of the manufacturer, packer, distributor, or seller, residing in the United States, who caused it to cause the dissemination of such advertising.
"(d) For the purposes of this section the term "false advertisement” means an advertisement, other than labeling, which is misleading in a material respect; and, in determining whether any advertisement is misleading, there shall be taken into account (among other things) not only representations made or suggested by statement, word, design, device, sound, or any combination thereof, but also the extent to which the advertisement fails to reveal facts material in the light of such representations.
“SEC. 38. (a) The Congress hereby finds that the manufacture, distribution, and consumption of alcoholic beverages affect the public interest, and it is necessary for the full protection of the public health, welfare, and morals that such manufacture, distribution, and consumption be so regulated so that the orderly distribution of alcoholic beverages be achieved for the further purpose of encourag