AMERIKANISCHE GESETZE
Hier ist eine Zusammenfassung der amerikanischen Gesetze über Alkohol. (Auf Englisch)
NB: Als "minor" werden Personen unter 21 Jahre verstanden (in allen 50 amerikanischen Bundesstaaten).
Zum Vergleich und für einige Statistiken über Alkohol, lesen Sie die Deutsche Gesetze Seite.
LIQUOR LAWS
Alcoholic Beverages Defined
Liquor is an alcoholic beverage containing a specific percent- age of alcohol by volume or weight. It may be in the form of ( I ) Distilled Spirit whiskey, brandy, gin, rum, cordials, liqueurs, cocktails, etc.; (2) Wines- still wines, champagne, sparkling and carbonated wines, vermouth, etc.; (3) Fermented Malt-Liquor- beer, ale, stout, porter, sake, etc
Distilled spirits or liquors consist of the products obtained by distillation; that is, by driving off gas or vapor from liquids or solids, as by heat, in a retort or still, and condensing all orsome of the products in a cool receiver or condenser. Thus,liquors can be manufactured from starchy materials, like mash or grain, or brewed from malt, barley, rye, wheat, or potatoes, or fermented from wine, fruit juices or plant juices.
Wine is a fermented alcoholic beverage made from fruits, flowers, herbs, or vegetables or other agricultural productscontaining sugar.
Malt beverages are alcoholic drinks manufactured by a process of brewing or fermentation of malt with or without cereal grains or fermentable sugars or hops in drinking water.
The percentage of alcohol by volume or weight which brings each type of drink into any one of the three classes describedabove is defined by state law.
It should be kept in mind that the sale of alcoholic beverages, whether it be spirits, vines or malt, is controlled by statelaw only when the liquid contains the minimum percentages specified in the state statutes. Some states, however, prescribe no fixed limits- they merely define an intoxicating liquor toinclude any trace of alcoholic spirits.
Besides those beverages which escape regulation by containing less alcohol than defined by law, nearly all states provide for certain exemptions from licensing and tax provisions. Generally, these exemptions are of four kinds:
1) Wine made for home consumption. It is the policy of many states to encourage the use of home-grown produce and relax restrictions against lighter beverages made for personal use.
2) Alcohol used for non-beverage purposes. This releases liquors used in scientific, chemical, mechanical, and industrial products and covers medicinal, toilet, and antiseptic preparations, flavoring extracts, syrups, and food products, as well as denatured alcohol.
3) Wine used fo sacremental or religious rites.
4) Liquor for disposal under legal process. This relates to stock in the hands of executors, adsministrators, receivers, trustees, assignees for the benefit of creditors, and other legal representatives, and includes goods under lien, confiscated for some violation of law, or secured by warehouse receipts.
It does not mean that these alcoholic liquids are exempted from all control. Most states maintain supervision by requiring special permits and issuing regulations as to their use.
The Liquor Authorities
Control of the liquor is vested in the state liquor boards and commissions in almost all states. They make rules, interpret laws, conduct hearings, issue, suspend or revoke licenses and, generally, exercise supervision from manufacture to consumption, subject to prevailing statutes.
In a number of states the merchandising of alcoholic beverages is a government monopoly, except that hotels and restaurants are permitted to sell liquor, wine and beer in most states at tables, usually with meals. In a large number of states, sometimes referred to as the open-licensed states, qualified merchants and operators of hotels and restaurants are licensed to sell packaged liquor for consumption of the premises or dispense alcoholic beverages by the glass or opened bottle for consumption on the licensed premises, either with or withoutfood. In several states, municipalities and other local bodies are authorized to operate their own liquor stores either in competition with or to the exclusion of privately owned enterprises.
To sell alcoholic beverages at retail, permission must beobtained from government authorities who are empowered by law to issue licenses to qualified persons for a fee. Theseauthorities include not only state alcohol beverage control boards, tax commissions, etc., but also officials in the various countries, cities, towns, and other local subdivisions.
Several states issue licenses through the state commissions but only upon consent of the local authorities governing the locality where the premises are situated. In other states, the local bodies may offer advisory opinions only, not controlling upon the final action taken upon the license application. In still others, the issuing of licenses is left solely to the local councils as the best judges of the number and types of outlets necessary for the public good. In two states, the local authorities must have state approval before permits are delivered. But in the bulk of the states where liquor is sold, the state is the only judge as to whom a license will be issued.
Local Operation: Prohibition By Election
Provisions have been made by law in a large number of states to respect the will of their local communities. It might be their desire in certain areas either to stay "dry," regardless of the trend in the rest of the state or to restrict the types of retail liquor establishments or manner of sale (package or drink) within their respective boundaries. This is accomplished by holding an election on the issues, generally on the petition of afixed percentage of voters in the district.
Elections may be exercised to limit hours or days of sale or cover such other restrictions demanded by the local inhabit- ants. However, many states limit the number and nature of questions which may be voted upon, so that the prospective enterpriser may be forewarned of the lengths to which acommunity may go in changing its attitude from time to time.
Local Regulations
Except for a very few states, authority has been delegated to country, municipal, town and rural executives to make localregulations, issue licenses, and charge fees in addition to those .levied by the state. These officials can exercise the power of lifeand death over a business enterprise by restrictive ordinancesand zoning regulations. The only general qualification uponthis authority is that it be wielded without discrimination,within reason, and for the common welfare and health of the community.
Thus arbitrary and discriminatory legislation which deprivesany one class of population, such as a liquor retailer, of its right to operate without infringing upon the general welfare will bestruck down upon application to the courts or on appeal to higher agencies. Whether or not the regulation or ordinance inquestion has a reasonable relation to the general welfare isusually the issue which must be decided.
Limitation of Licenses
A striking example of the manner in which the liquor tradehas been set apart from those sources of private investmentusually regarded as within the area of free enterprise is the practice of many states in cutting down the number of licenses which might be issued to qualified applicants. Those states which have adopted a policy of limitation justify the practice as a protective device designed to prevent cut-throat competition.
Other states feel, however, that no purpose is served bylegislation against the right of qualified persons to engage inbusiness subject to appropriate trade regulations, such as fairtrade acts, limitations on minimum and maximum quantities of beverage sales, provisions against credit purchases, and other enactments which are just as effective.
Where license limitation is accepted policy, no uniform method exists in enforcing or carrying out the program. Insome states the number of retail outlets is fixed in proportion tothe population according to a specified census. For example,one package store per 5000 persons and one on-sale license perevery 1000 persons may be allowed, based on the tabulation ofthe most recent federal census.
In other states, the maximum number of permit to be issuedin various cities and other areas throughout the respectivestates is a matter left to the discretion of the various liquorcommissions. In still other jurisdictions, the problem is referredto the local county and municipal governments.
The Liquor License
Regulation of the alcoholic beverages trade is made possibleby the license or permit system. Without the written consent ofthe authorized government agencies, no retail enterprise mayconduct a legitimate business. The plane upon which theindustry is managed is measured by the standards imposed onthose who want to get into the trade. The stricter thequalifications for a license, the higher the level of businessethics will go.
A written application, usually sworn to, for a license to sell alcoholic beverages contains representations that the candidatehas the necessary qualifications and bears his promise that he will abide by the regulations of the licensing authorities. Thenecessary fees and bond, if any, must be submitted with the application, together with evidence that all other licenses called for, federal, local, etc., have been duly obtained. Sometimes, there must be shown that building and health requirements have been complied with by submitting the necessary certificates.
Some states require plans and/ or photographs of the premises described in the license application for inspection, and no alterations may be installed at a later date without again submitting similar data for approval.
Fingerprinting of the applicant is rnade part of the application procedure in several states, particularly when the applicantis unknown in the jurisdiction or is suspected of having acriminal record.
The licensing agencies generally require that publicity begiven to the application. This is accomplished by advertising innewspapers of general circulation, posting notices of theproposition on the affected premises and public gatheringplaces, such as the town hall or courthouse, or obtainingclearances from the local officials and inhabitants to whom theapplicant is best known. Public hearings may be held to permitinterested persons to make known their objections to theissuance of a permit. In this manner, the ability of the applicantto meet the license requirements and the suitability of theremises to the neighborhood and to local conditions aredouble-checked. In addition, inquiries may be made byinvestigative agents in the neighborhood of the licensedpremises and the various law enforcement officials may becontacted for whatever records might be in their possessionpertaining to the proposed licensee.
The results of this thorough investigation help the administrativeboards decide whether (1) the applicant is qualified for alicense, (2) the location and type of the building concerned issuitable to the character of the neighborhood and inoffensiveto the local taxpayers, and (3) the number of similar licenses,previously issued would be exceeded to the determent of thepublic interest.
There are eleven general requirements demanded by thestates and the District of Columbia which applicants for retaillicenses to sell alcoholic beverages must satisfy, although noone state has all of them.
1. United States citizenship is the most common requisite for license.
2. A criminal record is a bar to a license in most states. This applies with few exceptions to serious offenses-felonies, usually defined as crimes punishable by death or imprisonment in a state or federal penitentiary, or a misconduct involving moral turpitude. A conviction sometimes constitutes a permanent disability but most states will suspend applications for a limitedperiod only.
3. An applicant must not have been convicted of violatingany state of federal liquor laws or have had another liquorlicense previously revoked
4. Applicant must be a person of good moral character.Inquiry into reputation among the local inhabitants lays thefoundation in many states for the judgment of the licenseauthority as to whether or not a license should be issued.
5. The minimum age at which a licensee can be obtained inthe largest number of states is twenty-one except in Delawarewhere it is thirty.
6. He must be the real party in interest. In order to preventan otherwise incompetent or ineligible person from using adummy or "front" behind which to operate, some states requirethat the licensee either be the actual owner of the premises to beoperated or at least have a written lease covering the premisesfor the entire period of the license. Even in those states whichpermit "backers" or "managers," operators meet the samestandards.
7. A licensee must be financially responsible. This requirement is closely tied to the preceding one, for it is intended toencourage reputable merchants to enter the trade with sufficient resources to warrant their undertaking a full and undividedinterest in the business, protect their equity, and earn alegitimate profit.
8. Interlocking interests are forbidden and not only disqualify one from a license but will cause revocation of the same if it is discovered that a financial interest exists between applicationor retailer and other phases of the industry, following issuanceof a permit.
9. Residence in the state and, in some states, even in thecounty and town where the business is to be situated, is a basicrequirement in a great number of jurisdictions.
10. A few states provide that the holder of a liquor license must be a temperate person and not use alcoholic beverages toexcess.
11. No licensing or enforcement official may hold a licenseto sell alcoholic beverages in a number of states.
Nature and Characteristics of the License
A license to sell alcoholic beverages is a document attested toby the issuing authority that the person named in the certificateis authorized to sell the kind of alcoholic drink described in thepremises set forth by address or other description. The date ofand the period for which the license is issued and the amount ofthe fee paid are also inscribed in this paper.
Generally, the license must be openly and conspicuously displayed on the premises where the beverage is to be sold and it must be protected by a glass or other transparent coverings. Aseparate license is usually required for each place of businessoperated, even though the same person is authorized toconduct more than one establishment.
While the license is valid for one year, it may expire earlier onthe death, insolvency, or insanity of the licensee, or in the eventthe permit is suspended or revoked or becomes nullified by alocal option election. Provision is usually made in suchemergencies for the temporary operation of the business by alegal representative to dispose of the stock.
In addition to the regular classes of permits issued to retailersof the kind who have been described in this chapter, theauthorities also license trains, vessels, airplanes' and clubs and issue special permits to resort and other seasonal businesses and for limited occasions to include fairs, ball parks, concessions, social gatherings, etc.
The privilege of doing business is strictly personal, the licenseis not property which one may sell, give away or otherwisedispose of. It is not subject to the laws of inheritance. It may notbe mortgaged or used as collateral. Nor is it subject toattachment, levy, execution or garnishment. Any transfer ofthe licensed premises to another person or to another locationmay be accomplished only with the consent of the licensingauthority and under specified conditions {bonds, fees, qualifications).
Sales Restrictions
As to place of sale. The sale of alcoholic beverages nearschools and places of worship is generally prohibited. In somestates, institutions of higher learning are specifically included.Others restrict sales in or near prisons, homes for the aged,military bases, public buildings, and veterans institutions.
Exceptions are made for those businesses in existence beforethese restrictions went into effect, or where the protectedinstitutions were erected after the retailer was licensed, orwhere, by authority of law, consent to continue in operationmay be given by the school or church affected.
As to persons to whom sales may not he made. The mostnumerous violations of law are found in this category. Sixclasses of persons may not purchase liquor and the sale of anytype of alcoholic beverages thereto subjects the retailer tosevere penalties. But not all states cover all six classes. Exceptfor a very few states, spirits may be dispensed to no minor. Inthose states which do allow sales to minors consent of parentsor guardians is required.
In addition to suspension and revocation of license, criminalpenalties are provided in every jurisdiction. While a growingnumber of states penalize the minor for misrepresenting hisage, the responsibility still rests upon the licensee to insist uponproof of age before making a sale.
Except in Florida and New Mexico, every state makesspecific provisions against sales to persons who are visiblyintoxicated. Habitual drunkards or persons of notoriouslyintemperate habits are taboo is many states. Insanity bars salesto persons so inflicted in a number of states. The sale to Indianswho are wards of the government in Indian country is prohibited by federal law and in several far western states. Aninterdicted person is defined as one to whom the sale of liquor isforbidden on notice or order to a licensee by a member of thedrinker's family or dependents, various public officials, the state liquor authority, certain courts, etc., on the ground that he is addicted to excessive drinking, a spendthrift, on relief,neglectful of his family, or an idle person. A licensee may notsell him spirits without penalty in a number of states.
The time of day and night when sales may be made is fixed by law and regulation by local and state authorities. They may fixsuch hours according to the kind of beverage under consideration and the class of license. Daylight savings time is observed in many states. Sale on Sunday is forbidden outright in amajority of states and partially restricted in several others. Insome states, all establishments must be closed on specified legalholidays. Local authorities have some say on this question in anumber of other jurisdictions. With very few exceptions amongthe states, the sale of alcoholic beverages on election days or atleast while the polls are open is barred.
Quelle: Alcohol and Drug Abuse and the Law, Sloan, Irving J., Oceania Publ., New York, 1980
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