[Code of Federal Regulations]
[Title 27, Volume 1]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 27CFR194.11]

[Page 1094-1096]
 
            TITLE 27--ALCOHOL, TOBACCO PRODUCTS AND FIREARMS
 
 CHAPTER I--ALCOHOL AND TOBACCO TAX AND TRADE BUREAU, DEPARTMENT OF THE 
                                TREASURY
 
PART 194--LIQUOR DEALERS--Table of Contents
 
                         Subpart B--Definitions
 
Sec. 194.11  Meaning of terms.


    When used in this part and in forms prescribed under this part, 
where not otherwise distinctly expressed or manifestly incompatible with 
the intent thereof, terms shall have the meaning ascribed in this 
section. Words in the plural form shall include the singular, and vice 
versa, and words importing the masculine gender shall include the 
feminine. The terms ``includes'' and ``including'' do not exclude things 
not enumerated which are in the same general class.
    ATF Officer. An officer or employee of the Bureau of Alcohol, 
Tobacco and

[[Page 1095]]

Firearms (ATF) authorized to perform any function relating to the 
administration or enforcement of this part.
    Beer. Beer, ale, porter, stout, and other similar fermented 
beverages (including sake or similar products) of any name or 
description containing one-half of 1 percent or more of alcohol by 
volume, brewed or produced from malt, wholly or in part, or from any 
substitute therefor.
    Bonded wine cellar. An establishment qualified under this chapter 
for the production, blending, cellar treatment, storage, bottling, and 
packaging or repackaging of untaxpaid wine.
    Brewery. An establishment qualified under this chapter for the 
production of beer.
    CFR. The Code of Federal Regulations.
    Dealer. Any person who sells, or offers for sale, any distilled 
spirits, wines, or beer.
    Denatured spirits or denatured alcohol. Spirits to which denaturants 
have been added as prescribed under this chapter.
    Director. The Director, Bureau of Alcohol, Tobacco and Firearms, the 
Department of the Treasury, Washington, DC.
    Director of the service center. A director of an internal revenue 
service center.
    Distilled spirits or spirits. That substance known as ethyl alcohol, 
ethanol, or spirits of wine in any form, including all dilutions and 
mixtures thereof, from whatever source or by whatever process produced.
    Distilled spirits plant. An establishment qualified under Part 19 of 
this chapter for the production, storage or processing of distilled 
spirits.
    District director. A district director of internal revenue.
    Fiscal year. The period from October 1 of one calendar year through 
September 30 of the following year.
    Gallon or wine gallon. A United States gallon of liquid measure 
equivalent to the volume of 231 cubic inches.
    Liquor bottle. A bottle made of glass or earthenware, or of other 
suitable material approved by the Food and Drug Administration, which 
has been designed or is intended for use as a container for distilled 
spirits for sale for beverage purposes and which has been determined by 
the Director to adequately protect the revenue.
    Liquors. Distilled spirits, wines, or beer.
    Liter. A metric unit of capacity equal to 1,000 cubic centimeters of 
alcoholic beverage, and equivalent to 33.814 fluid ounces. A liter is 
divided into 1,000 milliliters. Milliliter or milliliters may be 
abbreviated as ``ml''.
    Person. An individual, a trust, estate, partnership, association or 
other unincorporated organization, fiduciary, company, or corporation, 
or the District of Columbia, a State, or a political subdivision thereof 
(including a city, county, or other municipality).
    Place, or place of business. The entire office, plant, or area of 
the business in any one location under the same proprietorship; and 
passageways, streets, highways, rail crossings, waterways, or partitions 
dividing the premises shall not be deemed a separation for special tax 
purposes, if the various divisions are otherwise contiguous.
    Reclaim. To grind up a liquor bottle or container and use the ground 
up material to make products other than liquor bottles or containers.
    Recycle. To grind up a liquor bottle or container and use the ground 
up material to make new liquor bottles or containers.
    Regional director (compliance). The principal ATF regional official 
responsible for administering regulations in this part.
    Sale at retail or retail sale. Sale of liquors to a person other 
than a dealer.
    Sale at wholesale or wholesale sale. Sale of liquors to a dealer.
    Special tax. The occupational tax imposed on a dealer in liquors or 
a dealer in beer.
    Tax year. The period from July 1 of one calendar year through June 
30 of the following year.
    U.S.C. The United States Code.
    Wine. When used without qualification, the term includes every kind 
(class and type) of product produced on bonded wine premises from 
grapes, other fruit (including berries), or other suitable agricultural 
products and containing not more than 24 percent of alcohol by volume. 
The term includes all imitation, other than standard, or artificial wine 
and compounds sold as wine.

[[Page 1096]]

A wine product containing less than one-half of one percent alcohol by 
volume is not taxable as wine when removed from the bonded wine 
premises.

(26 U.S.C. 7805 (68A Stat. 917, as amended) 27 U.S.C. 205 (49 Stat. 981, 
as amended))

[T.D. ATF-48, 43 FR 13541, Mar. 31, 1978, as amended by T.D. ATF-50, 43 
FR 37180, Aug. 22, 1978; 44 FR 55843, Sept. 28, 1979; T.D. ATF-62, 44 FR 
71693, Dec. 11, 1979; T.D. ATF-114, 47 FR 43949, Oct. 5, 1982; T.D. ATF-
344, 58 FR 40355, July 28, 1993]