United States Statutes at Large/Volume 1/3rd Congress/1st Session/Chapter 48

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June 5, 1794
[Obsolete.]
Chap. ⅩⅬⅧ.—An Act laying duties on licenses for selling Wines and foreign distilled spirituous liquors by retail.


Repealed by Act of April 6, 1802.
Certain persons declared to be retail dealers in wines.
Section 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That every person, who shall deal in the selling of wines, to be carried or sent out of the house, building or place of his or her dwelling, in a less quantity, or in less quantities, at one time, than thirty gallons, except in the original cask, case, box or package, wherein the same shall have been imported, shall be deemed to be, and hereby is declared to be, a retail dealer in wines, within the meaning of this act; and that every person,Certain persons declared to be retail dealers in foreign distilled spirits. who shall deal in the selling of any foreign distilled spirituous liquors, to be carried or sent out of the house, building or place of his or her dwelling, in less quantities than twenty gallons, at one time, shall be deemed to be, and hereby is declared to be a retail dealer in foreign distilled spirituous liquors: Provided always, That nothing herein contained shall be construed to extend to persons, who, as keepers of taverns, inns or houses of entertainment, duly licensed or authorized under any law of a state, shall vend or sell really and truly for consumption, within the houses, buildings or premises, only, by them respectively occupied or kept, as taverns, inns, or other houses of entertainment, wines or distilled spirituous liquors, in whatsoever quantity, nor to physicians, apothecaries, surgeons or chemists, as to any wines or spirituous liquors, which they may use in the preparation or making up of medicines, for sick, lame or diseased persons only.

Retail dealers in wines, &c. to obtain licenses on 30th Sept. next.Sec. 2. And be it further enacted, That every person, who, on the thirtieth day of September next, shall be a retail dealer in wines, or foreign distilled spirituous liquors, as above described and defined, both, or either of them, shall, before the said day, and every person, who, after the said day, shall become, or intend to become such retail dealer in wines or foreign distilled spirituous liquors, both or either of them shall, before he or she shall begin to vend, or sell, by retail, any wine or wines, or foreign distilled spirituous liquors, apply for and obtain, in manner herein after directed, a license for carrying on the business of retailing wines or foreign distilled spirituous liquors, as the case may be, that is to say; one license for carrying on the business of retailing wines, and another license for carrying on the business of retailing foreign distilled spirituous liquors; which licenses respectively, shall be granted for the term of one year upon the payment of five dollars for each license; and shall be renewed, yearly, upon the payment of the like sum of five dollars for each license. Forfeiture on neglect thereof.And if any person shall, after the said day, deal in the selling of wines or foreign distilled spirituous liquors, by retail, as above described and defined, without having a license therefor, as afore. said, continuing in force, such person shall forfeit and pay the sum of fifty dollars, to be recovered with costs of suit. And no such license shall be sufficient for the selling of wines, or foreign distilled spirituous liquors, by retail at more than one place; but any person, who by colour of such license shall sell any wines or foreign distilled spirituous liquors, at more than one place, shall be deemed to be, in respect to such of the said articles, as he or she shall so sell, at more than one place, a retail dealer therein without license, and shall forfeit and pay the like sum of fifty dollars, to be recovered with costs of suit.

Licenses by whom granted.Sec. 3. And be it further enacted, That it shall be the duty of the supervisors of the revenue, within their respective districts, to grant licenses for carrying on the said businesses respectively, of retailing wines and foreign distilled spirituous liquors, which licenses shall be marked or stamped with a mark or stamp, denoting the sum of the duty thereupon; How designated and signed, and to whom issued.and shall be signed by the supervisor of the revenue, who shall issue the same, or cause the same to be issued, and shall be granted to any person, who shall desire the same, upon application made at any office of inspection, for that purpose, in writing, specifying the name of the person, for whom a license is requested, and the place or premises where the business for which the same is requested to be carried on, and also upon payment or tender to the officer thereof, of the sum or duty payable by this act, upon each license requested. And, to the end, that all persons carrying on, or intending to carry on, both or either of the said businesses, may obtain, with ease and dispatch, the licenses, whereof they shall respectively stand in need, it is hereby made the duty Supervisors to furnish officers of inspection with blank licenses.of the respective supervisors, to prepare and furnish to the several officers of inspection acting under them, licenses signed by them, with the proper marks and stamps, in competent number, and with blanks for the names of the persons for whom they shall be requested, and the places or premises respectively where the business or businesses, for which they are requested, is or are to be carried on. By whom the same shall be countersigned and issued.And the officer of inspection, to whom such application and payment, or tender as aforesaid, shall be made, shall forthwith issue the license or licenses requested, having first filled the blanks therein, and countersigned the same. Provided always, That no license shall be granted to any person to sell wines or foreign distilled spirituous liquors, who is prohibited to sell the same, by the laws of any state.

Duties herein under whose direction to be received, &c.Sec. 4. And be it further enacted, That the duties aforesaid shall be received, collected, accounted for, and paid under and subject to the superintendence, control and direction of the department of the treasury, according to the authorities and duties of the respective officers thereof.

Fines, &c. how sued for and recovered.Sec. 5. And be it further enacted, That all fines, penalties and forfeitures, which shall be incurred, by force of this act, shall and may be sued for, and recovered, in the name of the United States, or of the supervisor of the revenue within whose district any such fine, penalty or forfeiture shall have been incurred, by bill, plaint or information, one moiety thereof to the use of the United States, and the other moiety thereof to the use of the person, who, if an officer of inspection, shall first discover, if other than an officer of inspection, shall first inform of the cause, matter or thing, whereby any such fine, penalty or forfeiture shall have been incurred, and where the cause of action or complaint shall arise or accrue more than fifty miles distant from the nearest place by law established for the holding of a district court within the district in which the same shall arise or accrue, such suit and recovery may be had before any court of the state holden within the said district having jurisdiction in like cases.

President of the U. States to compensate officers of inspection.
Not exceeding two and a half per cent. &c.
Sec. 6. And be it further enacted, That it shall be lawful for the President of the United States, and he is hereby empowered to make such allowances for compensation to the officers of inspection employed in the collection of the duties aforesaid, and for incidental expenses, as he shall judge reasonable, not exceeding in the whole, two and a half per centum of the total amount of the said duties collected.

Limitation of this act.
Continued 1795, ch. 45.
Sec. 7. And be it further enacted, That this act shall continue and be in force for the term of two years, and from thence to the end of the then next session of Congress, and no longer.

Approved, June 5, 1794.