POWERS OF INVESTIGATORS ASSIGNED TO UNITED STATES ATTORNEY

SEC. 402. Any special investigator appointed by the Attorney General and assigned to the United States attorney for the District shall have authority to execute all lawful writs, process, and orders issued under authority of the United States, and command all necessary assistance to execute his duties, and shall have the same powers to make arrests as are possessed by members of the Metropolitan Police force of the District.

UNITED STATES COMMISSIONER

SEC. 403. Each United States commissioner for the District may employ secretarial and clerical assistants in such number and incur such other expenses as the district court considers necessary.

LICENSES FOR BOTTLE CLUBS

SEC. 404. (a) Section 7 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25-107), is amended 48 Stat. 322. by striking out the period following the word "morals" at the end of

the first paragraph thereof and inserting in lieu thereof the following:

66

", and the Commissioners are further authorized to prescribe such rules and regulations not inconsistent with this Act as they may deem necessary to properly and adequately control the consumption of alcoholic beverages on premises licensed under paragraph (1) of section 11 of this Act, with specific authority to prescribe the hours during which alcoholic beverages may be consumed on such premises."

(b) Section 9 (a) of the District of Columbia Alcoholic Beverage

Control Act, as amended (D. C. Code, sec. 25-109 (a)), is amended by 48 stat. 323. adding at the end thereof the following new paragraph:

"It shall be unlawful for any person operating any premises where

food, nonalcoholic beverages, or entertainment are sold or provided 67 Stat. 102. for compensation, and where facilities are especially provided and 67 Stat. 103. service is rendered for the consumption of alcoholic beverages, who

does not possess a license under this Act, to permit the consumption

of such alcoholic beverages on such premises.'

(c) Section 10 of the District of Columbia Alcoholic Beverage

Control Act, as amended (D. C. Code, sec. 25–110), is amended to read 48 Stat. 324. as follows:

"SEC. 10. The Board is authorized to issue licenses to individuals, partnerships, or corporations, but not to unincorporated associations, on application duly made therefor, for the manufacture, sale, offer for sale, consumption on premises of clubs where food, nonalcoholic beverages, or entertainment are sold or provided for compensation, or solicitation of orders for sale of alcoholic beverages within the District of Columbia. The Board shall keep a full record of all applications for licenses, and of all recommendations for and remonstrances against the granting of licenses and of the action taken thereon."

(d) Section 11 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25-111), is amended by striking 48 Stat. 324. out the word "eleven" in the first sentence thereof and inserting in lieu thereof the word "twelve", and by adding immediately before the last paragraph thereof the following new subsection:

"(1) CONSUMPTION LICENSE FOR A CLUB.-Such a license shall be issued only for a club. The word 'club' within the meaning of this paragraph is a corporation for the promotion of some common object (not including corporations organized or conducted for any commercial or business purpose, or for money profit), owning, hiring, or leasing a building or space in a building of such extent and character

as in the judgment of the Board may be suitable and attenze te
the reasonable and comfortable use and accomMMMODATION &
members and their guests; and the affairs and managemen or ad
corporation are conducted by a board of directors, executive committe
or similar body chosen by the members at least once each mater
year, and no officer, agent, or employee of the club is paid timetty
or indirectly, or receives in the form of salary or other compensate.
any profit from the conduct and operation of the club tevanc
amount of such salary as may be fixed and voted by the ments or
by its directors or other governing body. No license shal, de mer
to a club which has not been established for at least three mentis
immediately prior to the making of the application for such inrere.
Such a license shall authorize the holder thereof to permit costoT.
of alcoholic beverages on such parts of the licensed premises
be approved by the Board. The annus. fee for such a license sil
be $100.”

(e) The first sentence of section 21 of the District of Comin Alcoholic Beverage Control A, as amended. I. C. Code, sec. -3 en stat, 124, (b)), is amended to read as follows on granting a license mader section 11 (1) of this Axor & Trense, except a retailer's license class E or class F, she notice by advertisement published once a week al Tor a tax weeks in some newspaper of general circulation puid.son = Columbia.” (1) The first setet on of sect Alcoholic Beverage can a

4 Shak, 12v, (c)), is amended by so ang lieu thereof the fl

11 (1) of this As”
(g) Section 2*

45%, 331, trol Act, as aSEVEN ŽENA

at the end thereof the Yea
"No person being in hours
of this Act sal Pl.
alcoholic beve

person under de

of beer a

= 2 Instrict of Columbia Code, sec. 25-115

and inserting in

res issued under section

incensed

the consumption of such alcoholic beverages on the premises is prohibited by regulations promulgated under this Act. No such person shall be drunk or intoxicated in any street, alley, park, or parking; or in any vehicle in or upon the same or in any place to which the public is invited, or at any public gathering and no person any where shall be drunk or intoxicated and disturb the peace of any person.

"(b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than ninety days, or both."

(i) Section 29 (a) of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–129 (a), is amended 48 Stat. 334. to read as follows:

"SEC. 29. (a) A search warrant may be issued by any judge of The Municipal Court for the District of Columbia or by a United States commissioner for the District of Columbia when any alcoholic beverages are manufactured for sale, kept for sale, sold, or consumed in violation of the provisions of this Act, and any such alcoholic beverages and any other property designed for use in connection with such unlawful manufacture for sale, keeping for sale, selling, or consumption may be seized thereunder, and shall be subject to such disposition as the court may make thereof, and such alcoholic beverages may be taken on the warrant from any house or other place in which it is concealed."

(j) The District of Columbia Alcoholic Beverage Control Act, as 48 Stat. 319. amended, is further amended by adding at the end thereof the follow- D.C.Code 25-101 ing new section: to 25-138.

"SEC. 41. (a) Any building, ground, premises, or place where any Nuisance. intoxicating beverage is manufactured, sold, kept for sale, or permitted to be consumed in violation of this Act is hereby declared to

be a nuisance, and may be enjoined and abated as hereinafter provided.

“(b) An action to enjoin any nuisance defined in subsection (a) of Enjoinment or this section may be brought in the name of the District of Columbia abatement. by the corporation counsel of the District of Columbia, or any of his 67 Stat. 104. assistants, in the civil branch of The Municipal Court for the District 67 Stat. 105. of Columbia against any person conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted or maintained. The rules of The Municipal Court for the District of Columbia relating to the granting of an injunction or restraining order shall be applicable with respect to actions brought under this subsection, except that the District as complaining party shall not be required to furnish bond or security. It shall not be necessary for the court to find the building, ground, premises, or place was being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the complaint are true, the court shall enter an order restraining the defendant from manufacturing, selling, keeping for sale, or permitting to be consumed any alcoholic beverage in violation of this Act. When an injunction, either temporary or permanent, has been granted it shall be binding on the defendant throughout the District of Columbia. Upon final judgment of the court ordering such nuisance to be abated, the court may order that the defendant, or any one claiming under him, shall not occupy or use, for a period of one year thereafter, the building, ground, premises, or place upon which the nuisance existed, but the court may, in its discretion, permit the defendant to occupy or use the said building, ground, premises, or place, if the defendant shall give bond with sufficient security to be approved by the court, in the penal and liquidated sum of not less than $500 nor more than $1,000, payable to the District of Columbia, and conditioned that intoxicating beverages will not thereafter be manufactured, sold, kept for sale, or permitted to be consumed in or upon

as in the judgment of the Board may be suitable and adequate for the reasonable and comfortable use and accommodations of its members and their guests; and the affairs and management of such corporation are conducted by a board of directors, executive committee, or similar body chosen by the members at least once each calendar year, and no officer, agent, or employee of the club is paid, directly or indirectly, or receives in the form of salary or other compensation, any profit from the conduct and operation of the club beyond the amount of such salary as may be fixed and voted by the members or by its directors or other governing body. No license shall be issued to a club which has not been established for at least three months immediately prior to the making of the application for such license. Such a license shall authorize the holder thereof to permit consumption of alcoholic beverages on such parts of the licensed premises as may be approved by the Board. The annual fee for such a license shall be $100."

(e) The first sentence of section 14 (b) of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–115 48 Stat. 328. (b)), is amended to read as follows: "Before granting a license under section 11 (1) of this Act or a retailer's license, except a retailer's license class E or class F, the Board shall give notice by advertisement published once a week and for at least two weeks in some newspaper of general circulation published in the District of Columbia."

48 Stat. 329.

48 Stat. 331.

67 Stat. 103. 67 St t. 104.

48 Stat. 333.

(f) The first sentence of section 14 (c) of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25-115 (c)), is amended by striking out the words "or class D" and inserting in lieu thereof the following: ", class D or a license issued under section 11 (1) of this Act".

(g) Section 20 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25–121), is amended by adding at the end thereof the following new paragraph:

"No person being the holder of a license issued under section 11 (1) of this Act shall permit on the licensed premises the consumption of alcoholic beverages, with the exception of beer and light wines, by any person under the age of twenty-one years, or permit the consumption of beer and light wines by any person under the age of eighteen years; or the consumption of any beverage by any intoxicated person, or any person of notoriously intemperate habits, or any person who appears to be intoxicated; and ignorance of the age of any such minor shall not be a defense to any action instituted under this section. No licensee shall be liable to any person for damages claimed to arise from refusal to permit the consumption of any beverage on any premise licensed under section 11 (1) of this Act."

(h) Section 28 of the District of Columbia Alcoholic Beverage Control Act, as amended (D. C. Code, sec. 25-128), is amended to read as follows:

"SEC. 28. (a) No person shall in the District of Columbia drink any alcoholic beverage in any street, alley, park, or parking; or in any vehicle in or upon the same; or in or upon any premises where food, nonalcoholic beverages, or entertainment are sold or provided for compensation not licensed under this Act; or in any place to which the public is invited for which a license has not been issued hereunder permitting the sale and consumption of such alcoholic beverage upon such premises except premises licensed under section 11 (1) of this Act; or in any place to which the public is invited (for which a license under this Act has been issued) at a time when the sale of such alcoholic beverages on the premises is prohibited by this Act or by the regulations promulgated thereunder, or in any place for which a

the consumption of such alcoholic beverages on the premises is prohibited by regulations promulgated under this Act. No such person shall be drunk or intoxicated in any street, alley, park, or parking; or in any vehicle in or upon the same or in any place to which the public is invited, or at any public gathering and no person any where shall be drunk or intoxicated and disturb the peace of any person.

"(b) Any person violating the provisions of this section shall be punished by a fine of not more than $100 or by imprisonment for not more than ninety days, or both."

(i) Section 29 (a) of the District of Columbia Alcoholic Beverage

Control Act, as amended (D. C. Code, sec. 25-129 (a), is amended 48 Stat. 334. to read as follows:

"SEC. 29. (a) A search warrant may be issued by any judge of The Municipal Court for the District of Columbia or by a United States commissioner for the District of Columbia when any alcoholic beverages are manufactured for sale, kept for sale, sold, or consumed in violation of the provisions of this Act, and any such alcoholic beverages and any other property designed for use in connection with such unlawful manufacture for sale, keeping for sale, selling, or consumption may be seized thereunder, and shall be subject to such disposition as the court may make thereof, and such alcoholic beverages may be taken on the warrant from any house or other place in which it is concealed."

(j) The District of Columbia Alcoholic Beverage Control Act, as 48 Stat. 319. amended, is further amended by adding at the end thereof the follow- D.C.Code 25-101 ing new section:

to 25-138.

"SEC. 41. (a) Any building, ground, premises, or place where any Nuisance. intoxicating beverage is manufactured, sold, kept for sale, or permitted to be consumed in violation of this Act is hereby declared to

be a nuisance, and may be enjoined and abated as hereinafter provided

"(b) An action to enjoin any nuisance defined in subsection (a) of Enjoinment or this section may be brought in the name of the District of Columbia abatement. by the corporation counsel of the District of Columbia, or any of his 67 Stat. 104. assistants, in the civil branch of The Municipal Court for the District 67 Stat. 105. of Columbia against any person conducting or maintaining such nuisance or knowingly permitting such nuisance to be conducted or maintained. The rules of The Municipal Court for the District of Columbia relating to the granting of an injunction or restraining order shall be applicable with respect to actions brought under this subsection, except that the District as complaining party shall not be required to furnish bond or security. It shall not be necessary for the court to find the building, ground, premises, or place was being unlawfully used as aforesaid at the time of the hearing, but on finding that the material allegations of the complaint are true, the court shall enter an order restraining the defendant from manufacturing, selling, keeping for sale, or permitting to be consumed any alcoholic beverage in violation of this Act. When an injunction, either temporary or permanent, has been granted it shall be binding on the defendant throughout the District of Columbia. Upon final judgment of the court ordering such nuisance to be abated, the court may order that the defendant, or any one claiming under him, shall not occupy or use, for a period of one year thereafter, the building, ground, premises, or place upon which the nuisance existed, but the court may, in its discretion, permit the defendant to occupy or use the said building, ground, premises, or place, if the defendant shall give bond with sufficient security to be approved by the court, in the penal and liquidated sum of not less than $500 nor more than $1,000, payable to the District of Columbia, and conditioned that intoxicating beverages will not thereafter be manufactured, sold, kept for sale, or permitted to be consumed in or upon