# 26 U.S.C. § 5681: Penalty relating to signs

Source: OLRC release point 119-134 <https://uscode.house.gov/us/usc/119-134/t26/s5681>. Cite pinpoints as 26 U.S.C. § 5681(a)(1).

## § 5681(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.

## § 5681(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.

## § 5681(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.

## § 5681(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).

## Connections

Cites: § 5121 Recordkeeping by wholesale dealers; § 5124 Registration by dealers; § 5171 Establishment; § 5180 Signs

Cited by: § 5180 Signs

## Prior 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

- 1958-09-02: [Pub. L. 85-859](/26/act/85-859.md), 72 Stat. 1410
- 1979-07-26: [Pub. L. 96-39](/26/act/96-39.md), 93 Stat. 289
- 1997-08-05: [Pub. L. 105-34](/26/act/105-34.md), 111 Stat. 1047
- 2018-03-23: [Pub. L. 115-141](/26/act/115-141.md), 132 Stat. 1171
