U.S. Code » Title 26 » Subtitle Subtitle E— Alcohol, Tobacco, and Certain Other Excise Taxes › Chapter CHAPTER 51— DISTILLED SPIRITS, WINES, AND BEER › Subchapter Subchapter J— Penalties, Seizures, and Forfeitures Relating to Liquors › Part PART IV— PENALTY, SEIZURE, AND FORFEITURE PROVISIONS COMMON TO LIQUORS

26 U.S.C. § 5681

Penalty relating to signs

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(a) Failure to post required sign

Every person engaged in distilled spirits operations who fails to post the sign required by section 5180(a) shall be fined not more than $1,000, or imprisoned not more than 1 year, or both.

(b) Posting or displaying false sign

Every person, other than a distiller, warehouseman, or processor of distilled spirits who has received notice of registration of his plant under the provisions of section 5171(c), or other than a wholesale dealer in liquors who meets the requirements of section 5121(a) and section 5124 (or who is exempt from such requirements by reason of section 5121(b)), who puts up or keeps up any sign indicating that he may lawfully carry on the business of a distiller, warehouseman, or processor of distilled spirits, or wholesale dealer in liquors, as the case may be, shall be fined not more than $1,000, or imprisoned not more than 1 year, or both.

(c) Premises where no sign is placed or kept

Every person who works in any distilled spirits plant on which no sign required by section 5180(a) is placed or kept, and every person who knowingly receives at, or carries or conveys any distilled spirits to or from any such distilled spirits plant or who knowingly carries or delivers any grain, molasses, or other raw material to any distilled spirits plant on which such a sign is not placed and kept, shall forfeit all vehicles, aircraft, or vessels used in carrying or conveying such property and shall be fined not more than $1,000, or imprisoned not more than 1 year, or both.

(d) Presumption

Whenever on trial for violation of subsection (c) by working in a distilled spirits plant on which no sign required by section 5180(a) is placed or kept, the defendant is shown to have been present at such premises, such presence of the defendant shall be deemed sufficient evidence to authorize conviction, unless the defendant explains such presence to the satisfaction of the jury (or of the court when tried without jury).

(Added Pub. L. 85–859, title II, § 201, Sept. 2, 1958, 72 Stat. 1410; amended Pub. L. 96–39, title VIII, § 807(a)(58), July 26, 1979, 93 Stat. 289; Pub. L. 105–34, title XIV, § 1415(b)(1), (2), Aug. 5, 1997, 111 Stat. 1047; Pub. L. 115–141, div. U, title I, § 108(a), Mar. 23, 2018, 132 Stat. 1171.)Editorial NotesPrior Provisions

A prior section 5681, act Aug. 16, 1954, ch. 736, 68A Stat. 698, consisted of provisions similar to those comprising this section, prior to the general revision of this chapter by Pub. L. 85–859.

Amendments

2018—Subsec. (b). Pub. L. 115–141 substituted “who meets the requirements of section 5121(a) and section 5124 (or who is exempt from such requirements by reason of section 5121(b))” for “who has paid the special tax (or who is exempt from payment of such special tax by reason of the provisions of section 5113(a))”.

1997—Subsec. (a). Pub. L. 105–34, § 1415(b)(1), struck out “, and every wholesale dealer in liquors,” after “spirits operations” and “section 5115(a) or” after “sign required by”.

Subsec. (c). Pub. L. 105–34, § 1415(b)(2), substituted “on which no sign required by” for “or wholesale liquor establishment, on which no sign required by section 5115(a) or” and substituted “or who” for “or wholesale liquor establishment, or who”.

1979—Subsec. (a). Pub. L. 96–39, § 807(a)(58)(A), substituted “distilled spirits operations” for “distilling, warehousing of distilled spirits, rectifying, or bottling of distilled spirits”.

Subsec. (b). Pub. L. 96–39, § 807(a)(58)(B), substituted “other than a distiller, warehouseman, or processor of distilled spirits” for “other than a distiller, warehouseman of distilled spirits, rectifier, or bottler of distilled spirits”, “section 5171(c)” for “section 5171(a)”, and “business of a distiller, warehouseman, or processor of distilled spirits” for “business of a distiller, bonded warehouseman, rectifier, bottler of distilled spirits”.

Subsec. (c). Pub. L. 96–39, § 807(a)(58)(C), substituted “in any distilled spirits plant” for “in any distillery, or in any rectifying, distilled spirits bottling”, “such distilled spirits plant” for “such distillery, or to or from any such rectifying, distilled spirits bottling”, and “to any distilled spirits plant” for “to any distillery”.

Subsec. (d). Pub. L. 96–39, § 807(a)(58)(D), substituted “distilled spirits plant” for “distillery or rectifying establishment”.

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Pub. L. 115–141, div. U, title I, § 108(b), Mar. 23, 2018, 132 Stat. 1171, provided that: “The amendment made by this section [amending this section] shall take effect as if included in section 11125 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users [Pub. L. 109–59].”

Effective Date of 1997 Amendment

Pub. L. 105–34, title XIV, § 1415(c), Aug. 5, 1997, 111 Stat. 1047, provided that: “The amendments made by this section [amending this section and repealing section 5115 of this title] shall take effect on the date of the enactment of this Act [Aug. 5, 1997].”

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–39 effective Jan. 1, 1980, see section 810 of Pub. L. 96–39, set out as a note under section 5001 of this title.

Effective Date

Section effective July 1, 1959, see section 210(a)(1) of Pub. L. 85–859, set out as a note under section 5001 of this title.

Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1960–2025 · leading case: United States v. Michael A. Griley, Jr., 814 F.2d 967 (4th Cir. 1987).
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United States v. Michael A. Griley, Jr., 814 F.2d 967 (4th Cir. 1987). “2d 326 (1976) (although rifle in question was not capable of automatic firing and did not fire automatically in test, evidence that it had fired automatically in previous test and that it could be converted to a semi-automatic weapon was sufficient to uphold conviction under 26…”
United States v. Joseph Anthony Herbert, United States of Am. v. John David Herbert, 698 F.2d 981 (9th Cir. 1983). “§ 371 ; five counts each of making and aiding and abetting the making, possession and transfer of unregistered firearms in violation of 26 U.S.C. § 5681 (d), (e) and (f); and one count of falsification of a federal firearms form in violation of 18 U.”
United States v. Strickland, 261 F.3d 1271 (11th Cir. 2001). “A Southern District of Florida grand jury returned a five count indictment against the defendant as follows: knowing possession of an unregistered destructive device, in violation of 26 U.S.C. §§ 5681 (d) and 5871 (Count One); knowing possession of a pipe bomb after having been…”
United States v. George Wilson, 816 F.2d 421 (8th Cir. 1987). “George Wilson appeals from a final judgment entered in the District Court for the Eastern District of Missouri 1 upon a jury verdict finding him guilty of possession of a sawed-off shotgun in violation of 26 U.S.C. § 5681 (d) (1982). For reversal, Wilson raised several issues,…”
Norman Gene Sipes v. United States, 321 F.2d 174 (8th Cir. 1963). “§ 4744 (a) (possession of marihuana); 26 U.S.C.A. § 5681 (d) (posting liquor business signs); 26 U.”
United States v. James Dwayne Wray, 608 F.2d 722 (8th Cir. 1979). “On October 27, 1978, the defendant, then confined in the lawful custody of the Attorney General at the Federal Correctional Institution at Lompoc, California, pursuant to commitment after a felony conviction ( 26 U.S.C. § 5681 (d)), was released with direction to travel by bus…”
United States v. Dikran Berberian, Steve Dadaian, Real Party in Interest-Appellee, 767 F.2d 1324 (9th Cir. 1985). “§ 844 (d) and possession of an unregistered firearm in violation of 26 U.S.C. § 5681 (d). The indictment alleged, inter alia that the defendants conspired to place an improvised explosive device in the office of the Honorary Turkish Consul General in Philadelphia.”
Henry Pierce Taylor v. United States, 279 F.2d 10 (5th Cir. 1960). “…5174 , § 5601. 2 . In violation of 26 U.S.C.A. § 5606 . 3 . In violation of 26 U.S.C.A. § 5606 . 4 . In violation of 26 U.S.C.A. § 5681 .”
United States v. Delgado, 814 F. Supp. 2d 874 (E.D. Wis. 2011). “Delgado knowingly possessed a firearm that was not registered to him in the National Firearms Registration and Transfer Record in violation of 26 U.S.C. §§ 5681 and 5871. On May 12, 2011, the defendant was arraigned and entered a plea of not guilty to both charges.”
United States v. Erie Jones Garrick, 399 F.2d 685 (4th Cir. 1968). “§ 2 , and 26 U.S.C. § 5681 (c). On November 16, Garrick was sentenced to an active sentence of one year on the first count and was placed on probation for five years on the second and third counts.”
United States v. Donald J. Goines, 375 F.2d 575 (6th Cir. 1967). · cites it 2× “§ 5686 (a); Count 4, unlawfully working in a distillery for the manufacturer of distilled spirits, at which no sign had been placed and kept, in violation of 26 U.S.C. § 5681 (c). Upon trial before a jury, appellant was found guilty on all counts and was sentenced to eighteen…”
Jason Spencer Weeks v. United States, 382 F. App'x 845 (11th Cir. 2010). “C; § 1117; illegal possession of silencers, in violation of 26 U.S.C. § 5681 ; and two counts of illegal possession of firearms and ammunition by fugitives, in violation of 18 U.”
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— 26 U.S.C. § 5681(e) — 1 case
United States v. Wilson (4th Cir. 1998).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.