U.S. Code » Title 27 » Chapter CHAPTER 8— FEDERAL ALCOHOL ADMINISTRATION ACT › Subchapter SUBCHAPTER I— FEDERAL ALCOHOL ADMINISTRATION

27 U.S.C. § 203

Unlawful businesses without permit; application to State agency

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In order effectively to regulate interstate and foreign commerce in distilled spirits, wine, and malt beverages, to enforce the twenty-first amendment, and to protect the revenue and enforce the postal laws with respect to distilled spirits, wine, and malt beverages:(a) It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—(1) to engage in the business of importing into the United States distilled spirits, wine, or malt beverages; or(2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so imported.(b) It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—(1) to engage in the business of distilling distilled spirits, producing wine, rectifying or blending distilled spirits or wine, or bottling, or warehousing and bottling, distilled spirits; or(2) for any person so engaged to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits or wine so distilled, produced, rectified, blended, or bottled, or warehoused and bottled.(c) It shall be unlawful, except pursuant to a basic permit issued under this subchapter by the Secretary of the Treasury—(1) to engage in the business of purchasing for resale at wholesale distilled spirits, wine, or malt beverages; or(2) for any person so engaged to receive or to sell, offer or deliver for sale, contract to sell, or ship, in interstate or foreign commerce, directly or indirectly or through an affiliate, distilled spirits, wine, or malt beverages so purchased.This subsection shall take effect July 1, 1936.This section shall not apply to any agency of a State or political subdivision thereof or any officer or employee of any such agency, and no such agency or officer or employee shall be required to obtain a basic permit under this subchapter.(Aug. 29, 1935, ch. 814, title I, § 103, formerly § 3, 49 Stat. 978; Feb. 29, 1936, ch. 105, § 1, 49 Stat. 1152; 1940 Reorg. Plan No. III, § 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; renumbered title I, § 103, and amended Pub. L. 100–690, title VIII, § 8001(a)(1), (2), (b)(2), Nov. 18, 1988, 102 Stat. 4517, 4521.)Editorial NotesCodification

In the original, subsections (a) and (b) of this section contained a final paragraph which provided as follows: “This subsection shall take effect sixty days after the date upon which the Administrator first appointed under this title takes office.”

Amendments

1988—Pub. L. 100–690, § 8001(b)(2), substituted “subchapter” for “chapter” wherever appearing.

1936—Subsec. (c). Act Feb. 29, 1936, extended the effective date from March 1, 1936, to July 1, 1936.

Executive DocumentsTransfer of Functions

“Secretary of the Treasury” was substituted in text for “Administrator”, meaning the Administrator of the Federal Alcohol Administration, pursuant to Reorg. Plan No. III of 1940, see note set out under section 201 of this title.

Notes of Decisions
Cited in 35 cases (2 in the last 5 years), 1938–2024 · leading case: Empire Merchants, LLC v. Reliable Churchill LLLP, 902 F.3d 132 (2d Cir. 2018).
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Empire Merchants, LLC v. Reliable Churchill LLLP, 902 F.3d 132 (2d Cir. 2018). “, 27 U.S.C. § 203 (c) ; N.Y. Alco. Bev. Cont.”
Bronco Wine Co. v. Jolly, 95 P.3d 422 (Cal. 2004). · cites it 2× “43 ( 27 U.S.C. § 203 (a) & (b).) Title 27 United States Code section 205 (e)—the primary federal statutory provision *976 for present purposes—directs the Secretary of the Treasury to promulgate such regulations “with respect to packaging, marking, branding, and labeling .”
Gulf Coast Mar. Supply, Inc. v. United States, 867 F.3d 123 (D.C. Cir. 2017). “See 27 U.S.C. § 203 . Alcohol permits are obtained through TTB; what the agency gives, it can suspend, revoke, or annul.”
Goldstein v. Miller, 488 F. Supp. 156 (D. Maryland 1980). · cites it 2× “3 of the Act ( 27 U.S.C.A. § 203 ) Congress was exercising its power to protect the revenue derived from distilled spirits, wine, and malt beverages, to regulate interstate and foreign commerce, to enforce the postal laws in respect thereto, and to enforce the twenty-first…”
Marine Wholesale & Warehouse Co. v. United States, 315 F. Supp. 3d 498 (D.C. Cir. 2018). “See 27 U.S.C. §§ 203 - 04 ; 27 C.F.R. §§ 1.20 - 25.”
Eugene E. Hanf v. United States, 235 F.2d 710 (8th Cir. 1956). · cites it 3× “75 and 27 U.S.C.A. § 203 (c) (1). Prior to trial, the court, on motion of the government, dismissed Count No.”
Wine Hobby Usa, Inc. v. United States Internal Revenue Serv.. Appeal of United States Bureau of Alcohol, Tobacco & Firearms, 502 F.2d 133 (3rd Cir. 1974). “…The court stayed its disclosure order pending this appeal. 3 . 26 U.S.C. §§ 5041 (a), (d) ; 5043(a), (b) ; 27 U.S.C. § 203 (b) (1). 4 . 26 U.S.C. §§ 5661 (a), 5687 ; 27 U.S.C. § 207 . 5 . 26 U.S.C. § 5042 (a)(2). 6 . 26 C.F.R. §§ 240.540-543 . The regulation provide…”
Adolph Coors Co., Cross-Appellant v. A & S Wholesalers, Inc., Cross-Appellee, 561 F.2d 807 (10th Cir. 1977). “In addition, Coors alleges that Schultz was an agent of A & S and that his unlawful conduct must be imputed to A & S. In regard to violation of federal law, Coors contends that inasmuch as Schultz did not hold a federal beer wholesaler’s permit as required by 27 U.”
Bolick v. Roberts, 199 F. Supp. 2d 397 (E.D. Va. 2002). “27 U.S.C. § 203 . Sections 203(a)(l)-(2) make it unlawful, except by federal permit, to import, or, for an importer to sell or transport intoxicating liquors — directly or indirectly — in interstate or foreign commerce.”
Gulf Coast Mar. Supply, Inc. v. United States of Am., 218 F. Supp. 3d 92 (D.D.C. 2016). “27 U.S.C. § 203 . To obtain a permit, importers or wholesalers like Gulf Coast must submit an application to TTB.”
Jersey Cent. Power & Light Co. v. Fed. Power Comm'n, 319 U.S. 61 (1943). “…Act, § 202 (b), 49 Stat. 543 , 49 U. S. C. § 302 (b); Federal Alcohol Administration Act, § 3, 49 Stat. 977 , 978, 27 U. S. C. § 203 .”
United States v. Jody Smith, Sr., 456 F. App'x 200 (4th Cir. 2011). “27 U.S.C. § 203 (b). A person in the business of distilling spirits is required to, among other things, register the still or distilling apparatus, 26 U.”
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