§ 207. — Penalties; jurisdiction; compromise of liability.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 27USC207]
TITLE 27--INTOXICATING LIQUORS
CHAPTER 8--FEDERAL ALCOHOL ADMINISTRATION ACT
SUBCHAPTER I--FEDERAL ALCOHOL ADMINISTRATION
Sec. 207. Penalties; jurisdiction; compromise of liability
The District Courts of the United States, and the United States
court for any Territory, of the District where the offense is committed
or threatened or of which the offender is an inhabitant or has his
principal place of business, are vested with jurisdiction of any suit
brought by the Attorney General in the name of the United States, to
prevent and restrain violations of any of the provisions of this
subchapter. Any person violating any of the provisions of section 203 or
205 of this title shall be guilty of a misdemeanor and upon conviction
thereof be fined not more than $1,000 for each offense. The Secretary of
the Treasury is authorized, with respect to any violation of this
subchapter, to compromise the liability arising with respect to such
violation (1) upon payment of a sum not in excess of $500 for each
offense, to be collected by the Secretary and to be paid into the
Treasury as miscellaneous receipts, and (2) in case of repetitious
violations and in order to avoid multiplicity of criminal proceedings,
upon agreement to a stipulation, that the United States may, on its own
motion upon five days' notice to the violator, cause a consent decree to
be entered by any court of competent jurisdiction enjoining the
repetition of such violation.
(Aug. 29, 1935, ch. 814, title I, Sec. 107, formerly Sec. 7, 49 Stat.
985; June 25, 1936, ch. 804, 49 Stat. 1921; 1940 Reorg. Plan No. III,
Sec. 2, eff. June 30, 1940, 5 F.R. 2108, 54 Stat. 1232; 1940 Reorg. Plan
No. IV, Sec. 2, eff. June 30, 1940, 5 F.R. 2421, 54 Stat. 1234; June 25,
1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139,
Sec. 127, 63 Stat. 107; renumbered title I, Sec. 107, and amended Pub.
L. 100-690, title VIII, Sec. 8001(a)(1), (2), (b)(2), (4), Nov. 18,
1988, 102 Stat. 4517, 4521.)
Codification
As originally enacted this section contained a reference to the
Supreme Court of the District of Columbia. Act June 25, 1936,
substituted ``the district court of the United States for the District
of Columbia'' for ``the Supreme Court of the District of Columbia'', and
act June 25, 1948, as amended by act May 24, 1949, substituted ``United
States District Court for the District of Columbia'' for ``district
court of the United States for the District of Columbia''. However, the
words ``United States District Court for the District of Columbia'' have
been deleted entirely as superfluous in view of section 132(a) of Title
28, Judiciary and Judicial Procedure, which states that ``There shall be
in each judicial district a district court which shall be a court of
record known as the United States District Court for the district'', and
section 88 of Title 28 which states that ``the District of Columbia
constitutes one judicial district''.
Amendments
1988--Pub. L. 100-690, Sec. 8001(b)(2), substituted ``subchapter''
for ``chapter'' in two places.
Pub. L. 100-690, Sec. 8001(b)(4), made technical amendment to
references to sections 203 and 205 of this title to reflect renumbering
of corresponding sections of original act.
Transfer of Functions
``The Secretary of the Treasury is authorized'' and ``Secretary''
were substituted for ``Subject to the approval of the Attorney General,
the Administrator is authorized'' and ``Administrator'', meaning the
Administrator of the Federal Alcohol Administration, respectively,
pursuant to Reorg. Plan No. IV of 1940, set out in the Appendix to Title
5, Government Organization and Employees, which transferred the function
of approving compromises made in accordance with this section from the
Attorney General to the Secretary of the Treasury, to be exercised by
him or under his direction and supervision by officer in the Department
of the Treasury designated by him, and Reorg. Plan No. III of 1940, set
out in the Appendix to Title V, which transferred the functions of the
Administrator of the Federal Alcohol Administration to the Secretary of
the Treasury. Reorg. Plan No. IV of 1940, in addition, contained the
following proviso: ``Provided, That exclusive jurisdiction to compromise
cases arising under the Federal Alcohol Administration Act which are
pending before the courts or which have been or may hereafter be
referred to the Department of Justice for action shall be vested in the
Attorney General, and may be exercised by him or by any officer in the
Department of Justice designated by him.'' See also note set out under
section 201 of this title.
