profit whatsoever from any person authorized by virtue of this Act to manufacture or sell alcoholic beverages. No provision of this section, however, shall prevent any such member or such employee from purchasing, transporting, and keeping in his possession any alcoholic beverage for the personal use of himself or members of his family or guests.

"SEC. 6. (a) The right, power, and jurisdiction to issue, reissue, transfer, revoke, and suspend all licenses under this Act shall be vested solely in the Board, and the action of the Board on any question of fact shall be final and conclusive; except that, in the case of the reissuance, revocation, or suspension of a license by the Board, the licensee may appeal to the District of Columbia Court of Appeals in accordance with section 7 of the Act of April 1, 1942, as amended (D.C. Code 11-772). Pending such appeal the license shall stand suspended unless the Court shall otherwise order.

"(b) The right and power shall be vested in the Board, for good cause shown, to issue permits for the sales of stocks of alcoholic beverages located in the District by individuals, corporations or associations, partnerships, executors, administrators, being owners thereof, receivers or other representatives of a court, to persons licensed under this Act.

"SEC. 7. (a) The Board is hereby authorized to prescribe such rules and regulations not inconsistent with this Act as it may deem necessary to carry out the purposes thereof and to control and regulate the manufacture, sale, keeping for sale, offer for sale, solicitation of orders for sale, importation, exportation, and transportation of alcoholic beverages in the District for the protection of the public health, comfort, safety, and morals, and the Board is further authorized to prescribe such rules and regulations not inconsistent with this Act as it may deem necessary to properly and adequately control the consumption of alcoholic beverages on premises licensed under paragraph (12) of section 11 of this Act, with specific authority to prescribe the hours during which alcoholic beverages may be consumed on such premises.

"(b) The Board shall have specific authority to make rules and regulations for the issuance, transfer, and revocation of licenses; to cooperate with other government agencies and departments in the collection of taxes; to govern the operation of the business of licensees, with full power and authority to prescribe all of the terms and conditions under which alcoholic beverages may be sold by each class of licensees; to forbid the issuance of licenses for manufacture, sale, or storage of alcoholic beverages in such localities in, and such sections and portions of, the District as it may deem proper in the public interest; to limit the number of licenses of each class to be issued in the District and to limit the number of licenses of each class in any locality in, or sections or portions of, the District as it may deem proper in the public interest; to forbid the issuance of licenses for businesses con

ducted on such premises as it, in the public interest, may deem inappropriate; to forbid the issuance of any class or classes of licenses for businesses established subsequent to January 24, 1934, near or around schools, colleges, universities, churches, or public institutions; to prescribe the hours during which alcoholic beverages may be sold and to prohibit the sale of any or all alcoholic beverages on such days as the Board determines necessary in the public interest. The powers and authorities expressly enumerated are to be construed as in addition to, and not by way of limitation of, the general powers herein granted. Different regulations may be prescribed for the different classes of licenses, for the different classes of alco

holic beverages, and for different localities in or sections or portions of the District.

"(c) No regulation shall be made, altered, or revoked by the Board without first holding a public hearing thereon. Such public hearing shall be called after at least ten days' notice printed in a daily newspaper of general circulation published in the District. Any regulations promulgated under this section shall become effective five days after being published in any daily newspaper of general circulation in the District. Such regulations may be altered or amended from time to time as the Board may deem desirable. The Board shall also have authority in any time of public emergency, without previous notice or advertisement, to prohibit the sale of any or all alcoholic beverages during the period of such emergency.

"(d) Notwithstanding any other provision of this Act, no retailer's license, class A, shall be granted for any premises located within 500 feet of any premises holding such class of license on the same street or avenue. This subsection shall apply only with respect to retailer's licenses, class A, which are initially issued after the date of enactment of this subsection.

"(e) The Board is hereby authorized and directed to prescribe such rules and regulations as it deems necessary

"(1) relating to displays or other services or articles of property given or sold any retail licensee under this Act by any manufacturer or wholesaler of alcoholic beverages, including the establishment of limitations as to the cost thereof, notwithstanding section 19 of this Act;

"(2) relating to the conduct of business in any dining room in any hotel or restaurant, notwithstanding the service of alcoholic beverages in such room (including, but not limited to, the display of merchandise and the holding of exhibits and fashion shows);

"(3) requiring information concerning any officer, director, or stockholder of any licensee under this Act in addition to any information otherwise required by this Act;

"(4) relating to the printing and supplying of copies of regulations and other information concerning this Act, any rule or regulation made under this Act; and the operations of the Board;

"(5) relating to the conduct of hearings, including, but not limited to, the appearance by attorneys, and the right of examination and cross-examination;

"(6) relating to the assignment of inspectors, investigators, and other personnel of the Board to night duty;

"(7) authorizing the delgation of authority over personnel to one member of the Board;

"(8) relating to the posting and availability of price lists in restaurants and hotels subject to this Act.

"SEC. 8 (a) No provision of this Act shall apply to alcohol intended for use in the manufacture and sale of any of the following when they are unfit for beverage purposes, namely:

"(1) Denatured alcohol produced and used pursuant to Acts of Congress and regulations promulgated thereunder;

"(2) Patent, proprietary, medicinal, pharmaceutical, antiseptic and toilet preparations;

"(3) Flavoring extracts, syrups, and food products;

"(4) Scientific, chemical, mechanical, and industrial products.

"(b) Any person who shall knowingly sell any of the products enumerated in paragraphs (1), (2), (3), or (4) of subsection (a) of this section for alcoholic beverage purposes, or who shall sell any of the same under circumstances from which he might reasonably deduce the intention of the purchaser to use them for such purposes, shall be subject to the penalties provided for in section 30 of this Act.

"SEC. 9. (a) No person shall, within the District, manufacture for sale, keep for sale, or sell any alcoholic beverage without having first obtained a license under this Act.

"(b) It shall be unlawful for any person operating any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation, and where facilities are especially provided and service is rendered for the consumption of alcoholic beverages, who does not possess a license under this Act, to permit the consumption of such alcoholic beverages on such premises.

"(c) No person not licensed under paragraph (11) of section 11 of this Act shall, within the District, solicit any order for the sale at wholesale of any alcoholic beverage from any person not a licensee under this Act, irrespective of whether such sale is to be made within or without the District.

"(d) Physicians, dentists, and veterinarians may, in the course of their practice, administer or cause to be administered alcoholic beverages. A person in charge of an institution regularly conducted as a hospital or sanatorium, or as a home devoted exclusively to the care of aged people, may administer or cause to be administered alcoholic beverages to any bona fide patient or inmate of the institution for medicinal purposes, and may charge for the alcoholic beverages so administered.

"SEC. 10. (a) The Board is authorized to issue licenses under this Act to individuals, partnerships, or corporations, but not to unincorporated associations, on application duly made therefor. The Board shall keep a full record of all applications for licenses, and of all recommendations for and remonstrances against the granting of licenses and of the action taken thereon.

"(b) The Board shall give priority to the application of any person licensed under this Act to relocate his premises if such person is required to vacate his premises as the result of the exercise by the United States or the District of its power of eminent domain, or as the result of any urban renewal, urban redevelopment, highway, transportation, or governmental program, and subsection (d) of section 7 of this Act shall not apply to any such license.

"SEC. 11. Licenses issued under authority of this Act shall be of twelve kinds:

"(1) MANUFACTURER'S LICENSE, CLASS A.— To operate a rectifying plant, a distillery, or a winery. Such a license shall authorize the holder thereof to operate a rectifying plant for the manufacture of the products of rectification by purifying or combining alcohol, spirits, wine, or beer; a distillery for the manufacture of alcohol or spirits by distillation or redistillation; or a winery for the manufacture of wine; at the place therein described, but such license shall not authorize more than one of said activities, namely, that of a rectifying plant, a distillery, or a winery, and a separate license shall be required for each such plant. Such a license shall also authorize the sale from the licensed place of the products manufactured under such license by the licensee to another license holder under this Act for resale or to a dealer licensed under the laws of any State or Commonwealth of the United States for resale. It shall not authorize the sale of alcoholic beverages to any other person except as may be provided by regulations promulgated by the Board under this Act. The annual fee for such license for a rectifying plant shall be $5,775; for a distillery shall be $5,775; and for a winery shall be $825. If a manufacturer shall operate a distillery only for the manufacture of alcohol and more than 50 per centum of such alcohol is sold for nonbeverage purposes, the annual fee shall be $1,650. If said manufacturer holding a license issued at the rate last mentioned shall sell during any license period 50 per centum or more of said alcohol

for beverage purposes, he shall pay to the Commissioners the difference between the license fee paid and the license fee for a distiller of spirits.

"(2) MANUFACTURER'S LICENSE, CLASS B.To operate a brewery. Such a license shall authorize the holder thereof to operate a brewery for the manufacture of beer at the place therein described. It shall also authorize the sale from the licensed place of the beer manufactured under such license to another license holder under this Act for resale or to a dealer licensed under the laws of any State or Commonwealth of the United States for resale, or to a consumer. Said manufacturer may sell beer to the consumer only in barrels, kegs, and sealed bottles and said barrels, kegs, and bottles shall not be opened after sale nor the contents consumed, on the premises where sold. The annual fee for such license shall be $4,125.

"(3) WHOLESALER'S LICENSE, CLASS A. Such a license shall authorize the holder thereof to sell alcoholic beverages from the place within the District therein described to another license holder under this Act for resale or to a dealer licensed under the laws of any State or Commonwealth of the United States for resale, and, in addition, in the case of beer or light wines, to a consumer, said alcoholic beverages to be sold only in barrels, kegs, sealed bottles, and other closed containers, which said barrels, kegs, sealed bottles, and other closed containers shall not be opened after sale, nor the contents consumed, on the premises where sold. It shall not authorize the sale of alcoholic beverages to any other person except as may be provided by regulations promulgated by the Board under this Act. No holder of such a license except a wholesale druggist or a wholesale grocer shall be engaged in any business on the premises for which the license is issued other than the sale of alcoholic and nonalcoholic beverages. The annual fee for such license shall be $2,475. » "(4) WHOLESALER'S LICENSE, CLASS B. Such a license shall authorize the holder thereof to sell beer and light wines from the place within the District therein described to another license holder under this Act for resale or to a dealer licensed under the laws of any State or Commonwealth of the United States for resale, or to a consumer in barrels, kegs, sealed bottles, and other closed containers, which said barrels, kegs, sealed bottles, and other closed containers shall not be opened after sale nor the contents consumed on the premises where sold. The annual fee for such license shall be $1,250.

"(5) RETAILER'S LICENSE, CLASS A. Such a license shall authorize the holder thereof to sell alcoholic beverages from the place therein described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, which said barrel, keg, sealed bottle, or other closed container shall not be opened nor the contents consumed on the premises where sold. Such license shall not authorize the licensee to sell to other licensees for resale. The annual fee for such license shall be $1,250.

"(6) RETAILER'S LICENSE, CLASS B.-Such a license shall authorize the holder thereof to sell beer and light wines from the place therein described and to deliver the same in the barrel, keg, sealed bottle, or other closed container in which the same was received by the licensee, which said barrel, keg, sealed bottle, or other closed container shall not be opened nor the contents consumed on the premises where sold. Such license shall not authorize the licensee to sell to other licensees for resale. The annual fee for such license shall be $165.

"(7) RETAILER'S LICENSE, CLASS C.-Such a license shall be issued only for a bona fide restaurant, hotel, or club, or a passenger

carrying marine vessel serving meals, or a club car or a dining car on a railroad. It shall authorize the holder thereof to keep for sale and to sell spirits, wine, and beer at the place therein described for consumption only in said place. Except in the case of clubs, hotels, and passenger-carrying marine vessels serving meals in interstate commerce of one hundred miles or more, no alcoholic beverage shall be sold or served to a consumer in any closed container. In the case of passenger-carrying marine vessels and club cars or dining cars on a railroad, said spirits and wine, except light wines, shall be sold or served only to persons seated at public tables, and beer and light wines shall be sold and served only to persons seated at public tables or at bona fide lunch counters, except that spirits, wine, and beer may be sold or served to assemblages of more than six individuals in a private room when such room has been previously approved by the Board. In the case of restaurants, hotels, and clubs, said spirits, beer, and wine shall be sold or served only (A) to persons seated at public tables or at bona fide lunch counters, and (B) to persons in an enclosed or screened-off area in any such restaurant, hotel, or club set aside for the accommodation of persons waiting to be seated at public tables or to assemblages of more than six individuals in a private room when such room has been previously approved by the Board. In the case of hotels, said alcoholic beverages may be sold and served also in the private room of a registered guest and to assemblages of more than six individuals in a private room, when such room has been previously approved by the Board. No license shall be issued to a club which has not been established for at least three months immediately prior to the making of the application for such license. All alcoholic beverages offered for sale or sold by the holder of such licenses may be displayed and dispensed in full sight of the purchaser. The fee for such a license shall be for a restaurant, $825 per annum; for a hotel, under one hundred rooms, $825 per annum; for a hotel of one hundred or more rooms, $1,650 per annum; for a club, $425 per annum; for a marine vessel serving meals in interstate commerce of one hundred miles or more and for each railroad dining car or club car, $3 per month, or $20 per annum, except that such a license may be issued to any company engaged in interstate commerce covering all dining, club, and lounge cars operated by such company on railroads within the District upon the payment of an annual fee of $100; for all other passengercarrying marine vessels serving meals, $75 per month or $825 per annum.

the Board. No license shall be issued to a club which has not been established for at least three months immediately prior to the making of the application for such license. The annual fee for such a license shall be $330; except that in the case of a marine vessel the fee shall be $30 per month or $330 per annum, and in the case of each railroad dining car or club car $1.50 per month or $15 per annum, except that such a license may be issued to any company engaged in interstate commerce covering all dining, club, and lounge cars operated by such company on railroads within the District upon the payment of an annual fee of $50.

"(9) RETAILER'S LICENSE, CLASS E.-Such a license shall authorize a person entitled to retail, compound, and dispense medicines and poisons, to sell from the place therein described, alcoholic beverages in sealed packages, not to exceed one quart each, for medical purposes, and only upon prescription of a duly licensed practicing physician for liquors as defined by the United States Pharmacopoeia. Such package shall not be opened after sale, nor its contents consumed, on the premises where sold. Such prescription, when filled, shall be canceled by writing across its face the word 'Canceled' together with the date on which it is presented and filled, and such prescription shall be numbered consecutively as filled and kept on file in consecutive order. No such prescription shall be refilled. The annual fee for such license shall be $40.

"(10) RETAILER'S LICENSE, CLASS F.-Such license shall authorize the holder thereof temporarily to sell beer and light wines on the premises therein described for consumption on the premises where sold. Such permits may be issued for a banquet, picnic, bazaar, fair, or similar public or private gathering, where food is served for consumption on the premises. No beer or light wines shall be sold or served to a customer in any unopened container. The issuance of such a permit shall be solely in the discretion of the Board. The fee for each such license shall be $7.50 per day.

"(11) SOLICITOR'S LICENSE.-Such a license shall authorize the licensee to offer or sell to or solicit orders from licensees for the sale of any alcoholic beverage on behalf of the vendor whose name appears on such license and whom the solicitor represents. The name of only one vendor shall appear on the license, and if the solicitor represents more than one vendor, a license may be issued for each vendor such solicitor represents. The annual fee for each such license shall be $100.

"(12) CONSUMPTION LICENSE FOR A CLUB.— Such a license shall be issued only for a club. "(8) RETAILER'S LICENSE, CLASS D.-Such The word 'club' within the meaning of this a license shall be issued only for a bona fide paragraph is a corporation for the promotion restaurant, tavern, hotel, or club, or a pas- of some common object (not including corposenger-carrying marine vessel serving meals, rations organized or conducted for any comlight lunches, or sandwiches, or a club car mercial or business purpose, or for money or a dining car on a railroad. Such a license profit), owning, hiring, or leasing a building shall authorize the holder thereof to sell beer or space in a building of such extent and and light wines at the place therein described character as in the judgment of the Board for consumption only in said place. Except may be suitable and adequate for the reasonin the case of clubs and hotels, no beer or able and comfortable use and accommodalight wines shall be sold or served to a cus- tions of its members and their guests; and tomer in any closed container. In the case the affairs and management of such corpoof restaurants, taverns, and passenger-carry- ration are conducted by a board of directors, ing marine vessels and club cars or dining executive committee, or similar body chosen cars on a railroad, said beer and light wines by the members at least once each calendar shall be sold or served only to persons seated year, and no officer, agent, or employee of the at public tables or at bona fide lunch coun- club is paid, directly or indirectly, or reters, except that beer and light wines may be ceives in the form of salary or other comsold or served to assemblages of more than pensation, any profit from the conduct and six individuals in a private room when such operation of the club beyond the amount of room has been previously approved by the such salary as may be fixed and voted by Board. In the case of hotels, beer and light the members or by its directors or other govwines may be sold and served only in the erning body. No license shall be issued to private room of a registered guest or to pera club which has not been established for sons seated at public tables or at bona fide at least three months immediately prior to lunch counters or to assemblages of more the making of the application for such lithan six individuals in a private room when cense. Such a license shall authorize the such room has been previously approved by holder thereof to permit consumption of

alcoholic beverages on such parts of the licensed premises as may be approved by the Board. The annual fee for such a license shall be $100.

"SEC. 12. (a) The holder of a manufacturer's or wholesaler's license issued hereunder shall not be entitled to hold any other class of license. A person, not licensed hereunder, owning an establishment for the manufacture of alcoholic beverages located outside the District may hold one wholesale license, and shall not be entitled to hold any other license.

"(b) No licensee holding a retailer's license, class A or class B, and no person including any members of the corporation whether or not owning stock in said corporation owning any interest in such licensee shall own, directly or indirectly, any interest in any other license, other than a retailer's license, class E. No licensee holding a retailer's license, class C or D, and no person owning any interest in such licensee, shall own, directly or indirectly, any interest in any other license other than a retailer's license, class C, D, or E.

"SEC. 13. Every license shall particularly describe the place where the rights thereunder are to be exercised, and alcoholic beverages shall not be manufactured or kept for sale or sold by any licensee except at the place so described in his license, except that the holder of a manufacturer's or wholesaler's license or the holder of a retailer's license, class C, and class D, issued for a passengercarrying marine vessel or club car or a dining car on a railroad may store alcoholic beverages, with the consent of the Board, upon premises other than the premises designated in the license. Every annual license shall date from the 1st day of February in each year and expire on the 31st day of January next after its issuance, except as hereinafter provided. Actions on licenses applied for within the limits set out by the Board, whether new or by transfer, shall not terminate or be cut off by reason of the end of a license year, except that the fee for said application may be adjusted by reason of said terminal date. Licenses issued at any time after the beginning of the license year shall date from the first day of the month in which the license was issued and end on the last day of the license year above described, and payments shall be made of the proportionate amount of the annual license fee. Every monthly license shall date from the first day of the month in which it is issued and expire on the last day of the month named in the license. Monthly licenses shall not be issued for periods exceeding six months.

"SEC. 14. (a) Any individual, partnership, or corporation desiring a license under this Act shall file with the Board an application in such form as the Board may prescribe, and such application shall contain such additional information as the Board may require, and (except in the case of an application for a manufacturer's license, retailer's license class E, or solicitor's license) shall contain a statement setting forth the name and address of the true and actual owner of

the premises upon which the business to be

licensed is to be conducted. Before a license is issued the Board shall satisfy itself:

"(1) That the applicant, if an individual, or, if a partnership, each of the members of the partnership, or if a corporation, each of its principal officers, directors, and stockholders (other than stockholders of publicly owned corporations), is of good moral character and generally fit for the trust to be in him reposed; and

"(2) That the applicant, if an individual, or, if a partnership, each of the members of the partnership, or, if a corporation, each of its principal officers, is a citizen of the United States, not less than twenty-one years of age, and has not, within ten years prior to the filing of such application, been convicted of any felony; and

"(3) Except in the case of an application for a solicitor's license, that the applicant is the true and actual owner of the business for which the license is desired, and that he intends to carry on the business authorized by the license for himself and not as the agent of any individual, partnership, association, or corporation, and that he intends to superintend in person the management of the business licensed, or intends to have some other person, to be approved by the Board, manage the business for him, which said manager must possess all of the qualifications required of a licensee hereunder; and

"(4) That in the case of an applicant for a wholesaler's license or a retailer's license (except a retailer's license class E), no manufacturer or wholesaler of alcoholic beverages other than the applicant (including a stockholder or an officer of any manufacturer or wholesaler of alcoholic beverages, if such manufacturer or wholesaler is a corporation), shall have any interest of any kind, direct or indirect, in the business for which the license is requested, or in the premises in respect of which such license is to be issued, as in the judgment of the Board may tend to influence such licensee to purchase alcoholic beverages from such manufacturer or wholesaler, and that such business will not be conducted with any money, equipment, furniture, fixtures, or property rented from or loaned or given by any such manufacturer or wholesaler (including such stockholder or officer) or sold by such manufacturer or wholesaler (including such stockholder or officer) to any such licensee for less than the fair market value or upon a conditional sale agreement or chattel trust; and "(5) That the place for which the license is to be issued is an appropriate one considering the character of the premises, its surroundings, and the wishes of the persons residing or owning property in the neighborhood of the premises for which the license is desired.

"(b) Before granting a license under paragraph (12) of section 11 of this Act, or 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. 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 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 license and shall name the same time and place for such hearing as set out in the public advertisement; and, if remonstrance against the granting of 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 and regulations prescribed by said Board. Any person willfully removing, obliterating, marring, or defacing said notice shall be deemed guilty of a violation of this Act. The provisions of this subsection relating to posting of notice and newspaper advertisement 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.

"(c) Except in the case of a retailer's license class C, class D or a license issued under paragraph (12) of section 11 of this Act to be issued for a club, or a retailer's license class B or class E, no place for which

a license under this Act has not been issued and in effect on the date the written objections hereinafter provided for are filed, shall be deemed appropriate if the owners of a majority of the real property within a radius of six hundred feet of the boundary lines of the lot or parcel of ground upon which is situated the place for which the license is desired, shall, on a form to be prescribed by, and filed with, the Board, object to the granting of such license. In determining the sufficiency of such objections the owners of all such property not lying within a residential use district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission shall be taken as consenting to the granting of such license, except that the Commissioners shall have power to file objections on behalf of any property lying within such radius owned by the United States or the District. This subsection shall be construed as a limitation upon the discretion of the Board in granting a license and not as a limitation upon the discretion of the Board in refusing a license. None of the provisions of this Act shall prevent the Board from promulgating regulations to permit the lawful bona fide owners of warehouse receipts for bonded liquors stored in Government warehouses either in the District or elsewhere from withdrawing such bonded liquors for personal use on payment to the Commissioners for the District, taxes at such rates as provided in this Act, if such bona fide holder of such warehouse receipts held legal title to such warehouse receipts prior to the passage of this Act.

"(d) A separate application shall be filed with respect to each place of business, except that a company engaged in interstate commerce may file one application for a license for the operation thereunder of all of its dining, club, and lounge cars operated on railroads within the District. The required license fee shall be paid to the Commissioners and a 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 affidavit of the applicant, if an individual, or by all of the members of a partnership, or by an officer of a corporation. If any false statement is knowingly made in such application, or in any accompanying statement under oath which may be required by the Board, the person making the same shall be deemed guilty of perjury. The making of a false statement 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. 15. (a) No retailer's licenses except of classes B or E shall be issued for any business conducted in a residential district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission, except for a restaurant or tavern conducted in a hotel, apartment house, or club, and then only when the entrance to such restaurant or tavern is entirely inside of the hotel, apartment house, or club, no part of such entrance is visible from a sidewalk, and no sign or display indicating the exist

ence of such restaurant or tavern is visible from the outside of the building.

"(b) No wholesaler's license shall be issued for any establishment conducted in such residential or special purpose district and no manufacturer's license shall be issued for any establishment conducted in a residential, special use, or commercial district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission.

"(c) The provisions of subsection (a) of this section shall not apply in any case where an application is made for the issuance or transfer of a retailer's license for a place of business conducted in a residential dis

trict as defined in the zoning regulations and shown in the official atlases of the Zoning Commission if the zoning of such place of business was changed from a less restricted use to such residential district during a period when a license of the same class for which application is made was in effect at such place of business, and if a license of the same class at such place of business is in effect on the date the application for the new license, or transfer, is filed.

"(d) The provisions of subsection (b) of this section shall not apply in any case where an application is made for the issuance or transfer of a wholesaler's or manufacturer's license for a place of business conducted in a residential, special purpose, or commercial district as defined in the zoning regulations and shown in the official atlases of the Zoning Commission if the zoning of such place of business was changed from a less restricted use to such residential, special purpose, or commercial district during a period when a license of the same class for which application is made was in effect at such place of business, and if a license of the same class at such place of business is in effect on the date the application for the new license, or transfer, is filed.

"(e) Nothing contained in this section shall be construed as entitling a licensee to any preferential treatment or be construed as making inapplicable any provision in any other section of this Act, in any case where an application is made pursuant to this section for the issuance or transfer of a retailer's license for a place of business conducted in a residential district, or for the issuance or transfer of a wholesaler's or manufacturer's license for a place of business conducted in a residential, special purpose, or commercial district, as such districts are defined in the zoning regulations and shown in the official atlases of the Zoning Commission, and the applicant for the issuance or transfer of any of the said licenses is the holder of a similar license for any of the said places of business in effect on the date the application for the new license, or transfer, is filed.

"SEC. 16. No license shall be transferred by the licensee to any other person or to any other place, except with the written consent of the Board, upon a regular application therefor in writing and after notice and hearing, as herein provided for an original application for license, and the fee to be paid by the party applying for such transfer shall be $100, which shall be paid to the Commissioners before such transfer is made. The Board shall not allow the transfer of the license of any person against whom there is pending in the courts or before the Board any charge of keeping a disorderly house, or of violating this law or the laws against gambling in the District.

"SEC. 17. (a) If during the period for which any license was issued the licensee shall be convicted of any felony, or if any licensee violates any of the provisions of this Act or any of the rules or regulations promulgated pursuant thereto or fails to superintend in person, or through a manager approved by the Board, the business for which the license was issued, or allows the premises with respect to which the license of such licensee was issued, to be used for any unlawful, disorderly, or immoral purpose, or knowingly employs in the sale or distribution of alcoholic beverages any person who has, within ten years prior thereto, been convicted of any felony, or such licensee otherwise fails to carry out in good faith the provisions of this Act, the license of said licensee may be revoked or suspended by the Board after the licensee has been given an opportunity to be heard in his defense, subject to review in case of revocation or in case of suspension as herein provided. If, during the period for which any license was issued to a corporate licensee, any of the principal officers or direc

tors of such corporation do not meet the requirements of paragraph (2) of subsection (a) of section 14 of this Act, the license of said licensee may be revoked or suspended by the Board after the licensee has been given an opportunity to be heard in his defense, subject to review in the case of revocation or in case of suspension as herein provided. In case a license issued hereunder shall be revoked or suspended, no part of the license fee shall be returned, and the Board may, in its discretion, as a part of the order of revocation provide that no license shall be granted for the same place for the period of one year next after such revocation, and in case such order shall be made no license shall, during said year, be issued for said place or to a person or persons whose license is so revoked for any other location.

"(b) In the event the Board at any time shall order the suspension 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 regulations adopted under authority of said District of Columbia Alcoholic Beverage Control Act.

"(c) Every licensee or permittee shall furnish to the Board any information it may deem reasonably necessary with respect to all sales and offers to sell alcoholic beverages. The Board shall issue appropriate regulations with reference thereto which shall apply with equal force and effect to all licensees and permittees.

"SEC. 18. If any manufacturer of alcoholic beverages, whether licensed hereunder or not, by direct ownership, stock ownership, interlocking directors, mortgage, or lien, or by any other means shall have any interest of any kind, whether direct or indirect, in the business of any wholesale or retail licensee or in the premises on which said business is conducted as in the judgment of the Board may tend to influence such licensee to purchase alcoholic beverages from such manufacturer, the Board may, in its discretion, revoke the license issued in respect of the business in which such manufacturer is interested, subject to review as herein provided. No such manufacturer of alcoholic beverages shall loan or give any money to any wholesale or retail licensee, or sell, rent, loan, or give to such licensee any equipment, furniture, fixtures, or property, or give or sell any service to such licensee, except that with the prior approval of the Board, a manufacturer may sell, give, rent, or loan to a wholesale or retail licensee any service or article of property costing such manufacturer not more than $15. No wholesale or retail licensee shall receive or accept any loan or gift of money from any such manufacturer or purchase from, rent from, borrow or receive by gift from such manufacturer any equipment, furniture, fixtures, or property, or accept or receive any service from such manufacturer, except that with the prior approval of the Board, a wholesale or retail licensee may purchase from, rent from, borrow or receive by gift from such manufacturer any service or article of property costing such manufacturer not more than $15. Nothing herein contained, however, shall prohibit the sale of alcoholic and nonalcoholic beverages

and the reasonable extension of credit there

for by a manufacturer to a wholesale or retail licensee. When used in this section the word 'manufacturer' shall include any stockholder holding directly or indirectly any of the common stock or any officer of a manufacturer of alcoholic beverages, if a corporation, whether licensed hereunder or not. This section shall not apply to retail licenses, class E, or to the wholesale license held by a

person not licensed as a manufacturer hereunder owning an establishment for the manufacture of alcoholic beverages outside of the District.

"SEC. 19. If any wholesaler of alcoholic beverages, whether licensed hereunder or not, by direct ownership, stock ownership, interlocking directors, mortgage or lien or by any other means shall have such a substantial interest either direct or indirect in the business of any retail licensee or in the premises on which said business is conducted as in the judgment of the Board may tend to influence such licensee to purchase alcoholic beverages from such wholesaler, the Board may in its discretion revoke the license issued in respect of the business in which such wholesaler is interested, subject to review as herein provided. No such wholesaler of alcoholic beverages shall lend or give any money to any retail licensee or sell to such licensee, any equipment, furniture, fixtures, or property, except merchandise sold at the fair market value for resale

by such licensee, or rent, loan, or give to such licensee any equipment, furniture, fixtures, or property, or give or sell any service to such licensee. With the prior approval of the Board, a wholesaler may sell, give, rent, or loan to such licensee any service or article of property costing such wholesaler not more than $15. No retail licensee shall receive or accept any loan or gift of money from any such wholesaler or purchase from any such wholesaler any equipment, furniture, fixtures, or property, except merchandise purchased at the fair market value for resale, or rent from, borrow, or receive by gift from such wholesaler any equipment, furniture, fixtures, or property, or receive any service from such wholesaler. With the prior approval of the Board, a retail licensee may purchase from, rent from, borrow or receive by gift from such wholesaler any service or article of property costing such wholesaler not more than $15. Nothing herein contained, however, shall prohibit the reasonable extension of credit by a wholesaler for alcoholic beverages sold to a retail licensee for resale as herein permitted. When used in this section the word 'wholesaler' shall include any stockholder holding directly or indirectly any of the common stock or any officer of a wholesaler of alcoholic beverages, if a corporation, whether licensed hereunder or not. This section shall not

apply to retail licenses, class E.

"SEC. 20. (a) Licenses issued hereunder shall not authorize the sale or delivery of alcoholic beverages, with the exception of beer and light wines, to any person under the age of twenty-one years, or beer or light wines to any person under the age of eighteen years, either for his own use or for the use of any other person; or the sale, service, or delivery of alcoholic beverages to any intoxicated person, or to any person of notoriously intemperate habits, or to any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to sell such alcoholic beverages.

"(b) No person being the holder of a license issued under paragraph (12) of section 11 of this Act shall permit on the licensed premises the consumption of alcoholic beverages, with the exception of beer and light wines, by any person under the age of twenty-one years, or permit the consumption of beer and light wines by any person under the age of eighteen years; or the consumption of any alcoholic beverage by any intoxicated person, or any person of notoriously intemperate habits, or any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed

to arise from refusal to permit the consumption of any alcoholic beverage on any premises licensed under paragraph (12) of section 11 of this Act.

"SEC. 21. If any person holding a license under this Act shall become bail for any person complained of for the violation of any provisions of this Act, his license shall become void as of the date of becoming such bail.

"SEC. 22. (a) Each holder of a manufacturer's license shall, on or before the 10th day of each month, furnish to the Board a statement under oath, showing the quantity of each kind of alcoholic beverages, except beer, manufactured during the preceding calendar month. Alcoholic beverages shall not be considered as manufactured within the meaning of this section and section 23 until they are ready for sale.

"(b) Each holder of a wholesaler's or retailer's license shall, on or before the 10th day of each month, furnish to the Board a statement under oath, showing the quantity of each kind of alcoholic beverages, except beer, purchased by him during the preceding calendar month, and also showing the date of each such purchase, the name of the person from whom purchased, giving the license number of the vendor, if licensed hereunder, and the quantity and kind of alcoholic beverages in each such purchase.

"(e) The Board may at any time suspend or revoke in whole or in part the requirements of this section.

"SEC. 23. (a) There shall be levied, collected, and paid on all of the followingnamed alcoholic beverages manufactured by a holder of a manufacturer's license and on all of the said alcoholic beverages imported or brought into the District by a holder of a wholesaler's license, except alcoholic beverages as may be sold to a dealer licensed

under the laws of any State or Common

wealth of the United States and not licensed under this Act, and on all alcoholic beverages imported or brought into the District by a holder of a retailer's license, a tax at the following rates to be paid by the licensee in the manner hereinafter provided: (1) a tax of 15 cents on every wine-gallon of wine containing 14 per centum or less of alcohol by volume, other than champagne, sparkling wine, and any wine artificially carbonated, and a proportionate tax at a like rate on all fractional parts of such gallon; (2) a tax of 33 cents on every wine-gallon of wine containing more than 14 per centum of alcohol by volume, other than champagne, sparkling wine, and any wine artificially carbonated, and a proportionate tax at a like rate on all fractional parts of such gallon: (3) a tax of 45 cents on every wine-gallon of champagne, sparkling wine, and any wine artificially carbonated, and a proportionate tax at a like rate on all fractional parts of such gallon; (4) a tax of $1.50 on every wine-gallon of spirits and a proportionate tax at a like rate on all fractional parts of such gallon; (5) and a tax of $1.50 on every wine-gallon of alcohol and a proportionate tax at a like rate on all fractional prts of such gallon.

"(b) Said taxes shall be collected by and paid to the Commissioners and shall be deposited in the Treasury of the United States

to the credit of the District.

"(c) Said taxes shall be collected and paid

in the following manner:

"(1) Each holder of a manufacturer's or wholesaler's license shall, on or before the tenth day of each month, furnish to the Commissioners or their designated agent on a form to be prescribed by the Commissioners, a statement under oath showing the quantity of alcoholic beverages subject to taxation hereunder sold by him during the preceding calendar month and shall, on or before the fifteenth day of each month, pay to the Commissioners or their designated agent the tax hereby imposed upon the quantity of alcoholic beverages 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 any alcoholic beverages subject to taxation hereunder 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 alcoholic beverages for which the permit is requested. Such permit shall specifically set forth the quantity, character, and brand or trade name of the alcoholic beverage to be transported and the names and addresses of the seller and of the purchaser. Such permit shall accompany such alcoholic beverages during 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 alcoholic beverage by the retail licensee, be marked 'canceled' and retained by him.

"(3) 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.

"(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, be collected after the effective date of said

the taxes levied under this section shall not

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 in

spection 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.

"(h) The Board shall require that the immediate container of each alcoholic beverage, other than beer and wine, subject to tax under this Act contain the license number of each licensee who sells or offers for sale such beverage. Such license number must be affixed at the time of display or sale of said beverage by the retailer. This subsection shall not apply to alcoholic beverage

containers of less than two ounces.

"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 twenty-one 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 here

in 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 completed 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 per son who shall willfully swear falsely in any proceeding, matter, or hearing before said Board shall be deemed guilty of perjury.

"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 pro