APPENDIX (4) The term "person" means individual, partnership, joint stock com- pany, business trust, association, corporation, or other form of business enterprise, including a receiver, trustee, or liquidating agent and including an officer or employee of any agency of a State or political subdivision thereof; and the term "trade buyer" means any person who is a wholesaler or retailer. (5) The term "affiliate" means any one of two or more persons if one of such persons has actual or legal control, directly or indirectly, whether by stock ownership or otherwise, of the other or others of such persons; and any one of two or more persons subject to common control, actual or legal, directly or indirectly, whether by stock ownership or otherwise. (6) The term "distilled spirits" means ethyl alcohol, hydrated oxide of ethyl, spirits of wine, whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use. (7) The term "wine" means (1) wine as defined in section 610 and sec- tion 617 of the Revenue Act of 1918, (U. S. C, title 26, secs. 441 and 444) as now in force or hereafter amended, and (2) other alcoholic beverages not so defined, but made in the manner of wine, including sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than the juice of sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake; in each instance only if containing not less than 7 per centum and not more than 24 per centum of alcohol by volume, and if for non-industrial use. (8) The term "malt beverage" means a beverage made by the alcoholic fermentation of an infusion or decoction, or combination of both, in potable brewing water, of malted barley with hops, or their parts, or their products, and with or without other malted cereals, and with or without the addi- tion of unmalted or prepared cereals, other carbohydrates or products pre- pared therefrom, and with or without the addition of carbon dioxide, and with or without other wholesome products suitable for human food con- sumption. (9) The term "bottle" means any container, irrespective of the material from which made, for use for the sale of distilled spirits, wine, or malt beverages at retail. (b) The right to amend or repeal the provisions of this Act is expressly reserved. (c) If any provision of this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of the Act and the ap- plication of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. (U. S. C ., Title 27, § 211.) LIQUOR ENFORCEMENT ACT OF 1936 (Act of June 25, 1936, c. 815, 49 Stat. 1928 etc.) TO ENFOBOE THE TWENTY-FIBST AMENDMENT This Act may be cited as the "Liquor Enforcement Act of 1936" (U. S. C ., Title 27, § 221.) Smc. 2. (a) Wherever used in this Act the word "State" shall mean and include every State, Territory, and possession of the United States, unless otherwise specifically provided. (b) As used in this Act the word "vessel" includes every description of water craft used, or capable of being used, as a means of transportation in water or in water and air; and the word "vehicle" includes animals and every description of carriage or other contrivance used, or capable of being used, as a means of transportation on land or through the air. (U. S . C., Title 27, § 222) SEC. 3. (a) Whoever shall import, bring, or transport any intoxicating liquor into any State in which all sales (except for scientific, sacramental, medicinal, or mechanical purposes) of intoxicating liquor containing more than 4 per centum of alcohol by volume are prohibited, otherwise than in the course of continuous interstate transportation through such State, or attempt so to do, or assist in so doing, shall: (1) If such liquor is not accompanied by such permit or permits, license or licenses therefor as are now or hereafter required by the laws of such State; or (2) if all importation, bringing, or transportation of intoxicating liquor into such State is prohibited by the laws thereof; be guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned not more than one year, or both. (b) In order to determine whether anyone importing, bringing, or trans- porting intoxicating liquor into any State, or anyone attempting so to do, or assisting in so doing, is acting in violation of the provisions of this Act, the definition of intoxicating liquor contained in the laws of such State shall be applied, but only to the extent that sales of such intoxicating liquor (except for scientific, sacramental, medicinal, and mechanical purposes) are prohibited in such State. (U. C., Title 27, S 223) CLXIX
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