Citation
Amendment to code of fair competition for the beverage dispensing equipment industry as approved on May 11, 1935

Material Information

Title:
Amendment to code of fair competition for the beverage dispensing equipment industry as approved on May 11, 1935
Portion of title:
Beverage dispensing equipment industry
Creator:
United States -- National Recovery Administration
Place of Publication:
Washington, D.C.
Publisher:
U.S. G.P.O.
Publication Date:
Language:
English
Physical Description:
4 p. : ; 24 cm.

Subjects

Subjects / Keywords:
Beverage industry -- Equipment and supplies -- United States ( lcsh )
Beverage industry -- Law and legislation -- United States ( lcsh )
Genre:
federal government publication ( marcgt )
non-fiction ( marcgt )

Notes

Summary:
The beverage dispensing equipment industry is defined to mean and include the manufacturing for sale and the installing by the manufacturer of all dispensing equipment for beverages as herein defined, including front counters and back bars, drain boards, soda fountains, and carbonators, and parts thereof, which are a part of beverage dispensing equipment and sold in connection or for use therewith, but not including barrels, kegs and other containers in which beverages are packaged for delivery to the dispenser.
General Note:
Cover title.
General Note:
At head of title: National Recovery Administration.
General Note:
"Registry No. 1331-02."
General Note:
"Approved Code No. 334--Amendment No. 4."

Record Information

Source Institution:
University of Florida
Rights Management:
This item is a work of the U.S. federal government and not subject to copyright pursuant to 17 U.S.C. §105.
Resource Identifier:
004922028 ( ALEPH )
639954992 ( OCLC )

Downloads

This item has the following downloads:


Full Text



ApprvedCodeNo.334-menmentNo.4 Reisty No 131-0


NATIONAL RECOVERY ADMINISTRATION




AMENDMENT TO
CODE OF FAIR COMPETITION
FOR THE

BEVERAGE DISPENSING

EQUIPMENT INDUSTRY


AS APPROVED ON MAY 11, 1935


WE DO OUR PART


UNITED STATES
GOVERNMENT PRINTING OFFICE
WASHINGTON: 1935


For ale by the Superintendent of Docur.cnts, Washington D. C. - Price 5 cents


Approved Code No. 334-Amendment No. 4


Registry No. 1331-02























This publication is for sale by the Superintendent of Documents, Government
Printing Office, Washington, D. C., and by the following N. R. A. offices:
Atlanta, Ga.: 625 Citizens & Southern National Bank Buildine.
Baltimore, Md.: 130 Customhouse.
Birmingham, Ala.: 201 Liberty National Life Building.
Boston, Mass.: Room 1200, 80 Federal Street.
Buffalo, N. Y.: 219 White Building.
Chicago, Ill.: Room 204, 400 North Michigan Avenue.
Cleveland, Ohio: 520 Bulkley Building.
Dallas, Tex.: 1212 Republic Bank Building.
Detroit, Mich.: 415 New Federal Building.
Houston, Tex.: 403 Milam Building.
Jacksouville, Fla.: 425 United States Courthouse and Post Office
Building.
Los Angeles, Calif.: 751 Figueroa Street, South.
Louisville, Ky.: 408 Federal Building.
Minneapolis, Minn.: 900 Roanoke Building.
Nashville, Tenu.: 415 Cotton States Building.
Newark, N. J.: 434 Industrial Office Building, 1060 Broad Street.
New Orleans, La.: 214 Customhouse.
New York. N. Y.: 45 Broadway.
Oklahoma City, Okla.: 427 Commerce Exchange Building.
Philadelphia, Pa.: 933 Commercial Trust Building.
Pittsburgh, Pa.: 401 Law and Finance Building.
Portland, Oreg.: 407 Park Building.
Providence, R. I.: National Exchange Bank Building, 17 Exchange
Street.
St. Louis, Mo.: Suite 1220, 506 Olive Street.
San Francisco, Calif.: Humbolt Bank Building, 7S5 Market Street.
Seattle, Wash.: 1730 Exchange Building.












Approved Code No. 334-Amendment No. 4


AMENDMENT TO CODE OF FAIR COMPETITION
FOR THE

BEVERAGE DISPENSING EQUIPMENT INDUSTRY

As Approved on May 11, 1935


ORDER

APPROVING AMENDMENT OF CODE OF FAIR COMPETITION FOR THE
BEVERAGE DISPENSING EQUIPMENT INDUSTRY
An application having been duly made pursuant to and in full
compliance with the provisions of Title I of the National Industrial
Recovery Act, approved June 16, 1933 for approval of an amend-
ment to a Code of Fair Competition for the Beverage Dispensing
Equipment Industry, and a public hearing having been held thereon,
and the annexed report on said amendment, containing findings with
respect thereto, having been made and directed to the President:
NOW, THEREFORE, on behalf of the President of the United
States, the National Industrial Recovery Board, pursuant to au-
thority vested in it by Executive Orders of the President., includ-
ing Executive Order No. 6859, dated September 27, 1934, and other-
wise; does hereby incorporate by reference, said annexed report
and does find that said amendment and the Code as constituted
after being amended comply in all respects with the pertinent pro-
visions and will promote the policy and purposes of said Title of
said Act; and does hereby order that said amendment be and it is
hereby approved and that the previous approval of said Code is
hereby amended to include an approval of said Code in its entirety
as amended.
NATIONAL INDUSTRIAL RECOVERY BOARD,
By W. A. HARRIMAN, Administrative Officer.
Approval recommended:
JOHN WV. UPP,
Acting Division Administrator.
WASHINGTON, D. C.,
May 11, 1935.


135371--1844-31-35













REPORT TO THE PRESIDENT


The PRESIDENT,
The White House.
SIR: This is a report on an amendment to Article VIII of the Code
of Fair Competition for the Beverage Dispensing Equipment. In-
dustry, submitted by the Code Authority in accordance with Article
IX of the Code as approved on March 16, 1934, and now approved
by the National Industrial Recovery Board.
This amendment is intended by the Code Authority to put an end
to unfair competitive conditions in the Industry which recently have
developed. It is designed to prevent the copying of, and the making
of bids and estimates from, the plans, specifications, and/or elevations
or drawings, of Industry members without their consent, and to cor-
rect an emergency situation, brought about by the announced inten-
tion of the largest member of the Industry to itself absorb all
financing charges rather than pass them along to customers buying on
installment terms, by requiring the addition of a minimum financing
charge to cash prices whenever installment payments are allowed.
This amendment was submitted by the Code Authority on March
16, 1934, and, a Public Hearing on it and other proposals having been
held on July 21, 1934, has now been revised in accordance with sug-
gestions made by the various advisory boards and divisions at a post-
hearing conference, April 2, 1935.

FINDINGS
The Acting Assistant Deputy Administrator in his final report to
the National Industrial Recovery Board on said amendment to said
Code found as herein set forth, and on the basis of all the proceedings
in this matter, we find that:
(a) The trade practices described above do exist in the Industry
and have resulted in an unfair competitive situation demanding
relief.
(b) The amendment as approved is well designed to relieve this
situation.
(c) The amendment to said Code and the Code as amended are well
designed to promote the policies and purposes of Title I of the Na-
tional Industrial Recovery Act including the removal of obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount thereof, and will provide for the general welfare.
by promoting the organization of industry for the purpose of co-
operative action of labor and management under adequate govern-
mental sanction and supervision, by eliminating unfair competitive
practices, by promoting the fullest possible utilization of the present
productive capacity of industries, by avoiding undue restriction of
production (except as may be temporarily required), by increasing








the consumption of industrial and agricultural products through
increasing purchasing power, by reducing and relieving unemploy-
ment, by improving standards of labor, and by otherwise rehabilitat-
ing industry.
(d) The Code as amended complies in all respects with the pertinent
provision of said title of said act, including without limitation sub-
section (a) of section 3, subsection (a) of section 7 and sub-ection (b)
of section 10 thereof.
(e) The Code empowers the Code Authority to present the aforesaid
amendment on behalf of the Industry as a whole.
(f) The amendment and the Code as amended are not designed to
and will not permit monopolies or monopolistic practices.
(g) The amendment and the Code as amended are not designed to
and will not eliminate or oppress small enterprises and will not oper-
ate to discriminate against them.
(h) Those engaged in other steps of the economic process have not
been deprived of the right to be heard prior to approval of said
amendment.
For these reasons, therefore, this amendment has been approved.
For the National Industrial Recovery Board:
W. A. HARRIMAN,
Administrative Officer.
MAY 11, 1935.












AMENDMENT TO CODE OF FAIR COMPETITION FOR THE
BEVERAGE DISPENSING EQUIPMENT INDUSTRY

Amend Article VIII by adding the following sections:
SECTION 7. Financing Charge: If installment payment terms are
granted on sales, members shall add to their cash prices, for each
month specified in sales contract as constituting the period over which
installment payments shall be made, an amount equal to not less than
one-half (/2) of one (1) per cent of the unpaid balance remaining
after cash payment has been deducted from sales price. This charge
shall be construed as covering financing charge and interest to matu-
rity of notes or other evidence of indebtedness.
Any contract for the sale or transfer of any product of the industry
which does not provide for payment in full within ninety (90) days
after the date of shipment of such product sold is an installment
transaction, and shall be subject to all rules or provisions governing
installment sales contained in this Code.
SECTION 8.-Using Competitor's Plans: No member of the industry
shall knowingly make bids or estimates to a prospective customer, for
a specific project, from plans, specifications and/or elevations or
drawings belonging to another member without first obtaining the
consent of such member.
Approved Code No. 334-Amendment No. 4.
Registry No. 1331-02.
(4)









































Digitized by Ihe Inleinel Archive
in 2011 with lunding from
University ol Florida. George A. Smathers Libraries wilh support from LYRASIS and the Sloan Foundailon






















da


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UNIVERSITY OF FLORIDA


3 1262 08336 689 7




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PAGE 1

Approved Code No. 334-Amendment No.4 Registry No. 1331-02 NATIONAL RECOVERY ADMINISTRATION AMENDMENT T , O CODE OF FAIR COMPETITION FOR THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY AS APPROVED ON MAY 11, 1935 00 OUR PAm" U NITED STATES GO VERNMEN T PRINTIN G O FFIC E W ASHINGTO N : 1935 For sale by the Superintende n t of Docu:1:cnts. D. C. ----Price 5 cents

PAGE 2

This publication is for sale by the Superintendent of Documents, Government Printing Office, Washington, D. C., and by the following N. R. A. offices: Atlanta, Ga.: 625 Citizens & Southern National Bank Buildine. Baltimore, Md. : 130 Customhouse. Birmingham, Ala.: 201 Liberty National Life Building. Bo8ton, Mass. : Room 1200, 80 Federal Street. Buffalo, N.Y.: 219 White Building. Chicago, Ill.: Room 204, 400 North Michigan Avenue. Cle•eland, Ohio : 520 Bulkley Building . Dallas, Tex. : 1212 Republic Bank Building. Detroit, Mi ch.: 415 New Federal Building. Houston, Tex. : 403 Milam Building. Jacksonville, Fla.: 425 United States Courthouse and Post Office Building. Los Ange les, Calif.: 751 Figueroa Street, South. Louisville, Ky. : 408 Federal Building. Minneapolis, : Minn. : 900 Roanoke Building. Na hYille, Tenn.: 415 Cotton States Building. Newark, N. J. : 434 Industrial Office Building, 1060 Broad Street. New Orleans, La.: 214 Customhouse. New York, N. Y.: 45 Broadway. Oklahoma City, Okla. : 427 Commerce Exchange Building. Philadelphia, Pa. : 933 Commercial Trust Building. Pittsburgh, Pa.: 401 Law and Finance Building. Portland, Oreg. : 407 Park Building. Providence, R. I.: National Exchange Bank Building, 17 Exchange Street. St. Louis, Mo.: Suite 1220, 506 Olive Street. San Francisco, Calif. : Humbolt Bank Building, 785 Market Street. Seattle, Wash. : 1730 Exchange Building.

PAGE 3

Approved Code No. 334-Amendment No. 4 AMENDMENT TO CODE OF FAIR COMPETITION FOR THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY As Approved on May 11, 1935 ORDER APPROVING AMENDMENT OF CoDE OF FAIR CoMPETITION FOR THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY An application having been duly made pursuant to and in full compliance with the provisions of Title I of the National Industrial Recovery Act, approved June 16, 1933 for approval of an amendment to a Code of Fair Competition for the Beverage Dispensing Equipment Industry, and a public hearing having been held thereon, and the annexed report on said amendment, containing findings with respect thereto, having been made and directed to the President: NOW, THEREFORE, on behalf of the President of the United States, the National Industrial Recovery Board, pursuant to authority vested in it by Executive Orders of the President, including Executive Order No. 6859, dated September 2'7, 1934, and other wise; does hereby incorporate by reference, said annexed report and does find that said amendment and the Code as constituted after being amended comply in all respects with the pertinent provisions and will promote the policy and purposes of said Title of said Act; and does hereby order that said amendment be and it is hereby approved and that the previous approval of said Code is hereby amended to include an approval of said Code in its entirety as amended. NATIONAL INDUSTRIAL RECOVERY BOARD, By W. A. HARRil\fAN, Administrative Officer. Approval recommended: JoHN vV. UPP, Acting Division Administrator. wASHINGTON, D. C., May 11, 19 3 5. 135371----1844-31----35 (1)

PAGE 4

REPORT TO THE PRESIDENT The PRESIDENT, The White House. Srn: This is a report on an amendment to Article VIII of the Code of Fair Competition for the Beverage Dispensing Equipment Industry, submitted by the Code Authority in accordance with Article IX of the Code as approved on 16, 1934, and now approved by the National Industrial Recovery Board. This amendment is intended by the Code Authority to put an end to unfair competitive conditions in the Industry which recently have developed. It is designed to prevent the copying of, and the making of bids and estimates from, the plans, specifications, and/or elevations or drawings, of Industry members without their consent, and to cor rect an emergency situation, brought about by the announced intention of the largest member of the Industry to itself absorb all financing charges rather than pass them along to customers buying on installment terms, by requiring the addition of a minimum financing charge to cash prices whenever installment payments are allowe d . This amendment was submitted by the Code Authority on March 16, 1934, and, a Public Hearing on it and other proposals having bee n held on July 21, 1934, has now baen revised in accordance with sug gestions made by the various advisory boards and divisions at a posthearing conference, April 2, 1935 . FINDINGS The Acting Assistant Deputy Administrator in his fina l repo r t t o the National Industrial Recovery Board on said amendment to said Code found as herein set forth, and on the basis of all the proceedings in this matter, we find that: (a) The trade practices described above do exist in the Industry and have resulted in an unfair competitive situation demanding relief. (b) The amendment as approved is well des igned to rel ieve this situation. (c) The amendment to said Code and the Code as amended are well designed to promote the policies and purposes of Title I of the N a tiona! Industrial Recovery Act including the removal of ob tructions to the free flow of interstate and foreign commerce which tend to diminish the amount thereof, and will provide for the general welfare by promoting the organization of industry for the purpose of co operative action of labor and management under adequate govern mental sanction and supervision, by eliminating unfair competitive practices, by promoting the fullest possible utilization of the present productive capacity of industrie , by avoiding undue restriction o f production (except as may be temporarily required), by increasing (2)

PAGE 5

3 the consumption of industrial and agricultural products through increasing purchasing power, by reducing and relieving unemp l oy ment, by improving standards of l abor, and by otherwise r ehabi litating industry. (d) The Code as amended complies in all respects with the pertinent provision of said title of said act, including without limitation sub section (a) of section 3, subsection (a) of sectio n 7 and s ub ection (b) of section 10 thereof. (e) The Code empowers the Code Authority to present the aforesaid amendment on behalf of the Industry as a whole. (f) The amendment and the Code as amended are not de signed to . and will not permit monopolies or monopoli s tic practices. (g) The amendment and the Code as amended are not designed to and will not eliminate or oppress s mall enterprises and will not operate to discriminate against them. (h) Those engaged in other steps of the economic proc ess have not been deprived of the right to be heard prior to approval of said amendment. For these reasons, therefore, this amendment has been approved. For the National Industrial Recovery Board: w. A. HARRIMAN, A d1ninistrative 0 fficer. MAY 11, 1935.

PAGE 6

AMENDMENT TO CODE OFF AIR COMPETITION FOR THE BEVERAGE DISPENSING EQUIPMENT INDUSTRY Amend Article VIII by adding the following sections: SEcTioN 7. Financing 0 harge: If installment payment terms are granted on sales, members shall add to their cash prices, for each month specified in sales contract as constituting the period over which installlnent payments shall be made, an amount equal to not less than one-half (:Y2 ) of one (1) per cent of the unpaid balance remaining after cash payment has been . deducted from sales price. This charge 5hall be construed as covering financing charge and interest to maturity of notes or other evidence of indebtedness. Any contract for the sale or transfer of any product of the industry which does not provide for payment in full within ninety (90) days after the date of shipment of such product sold is an installment transaction, and shall be subject to all rules or provis ions governing installment sales contained in this Code. SEcTION 8.-Using Oo1npetitor's Plans : No member of the industry shall knowingly make bids ore timates to a prospective cus tom er, for a spec ific projec t , from plans, spec ifi cat ions andjor elevations or drawings belonging to another member without first obtaining the consent of such member. Approved Code No. 334-Amendment ro. 4. Registry No. 1331-02. (4) 0

PAGE 7

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