Chapter 3

11 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 1 CHAPTER 3 ALCOHOLIC BEVERAGE CONTROL Article 1. General Provisions. Article 2. Licenses. Article 3. Issuance of Licenses. Article 4. Standards. Article 5. Administration. Article 6. Enforcement. Article 7. Prohibitions on Importations. ARTICLE 1 GENERAL PROVISIONS § 3100. Title. § 3101. Definitions. § 3102. Administrator. § 3103. Alcohol. § 3104. Alcoholic Beverage. § 3105. Beer. § 3105.1. Caffeinated Malt Beverage. § 3106. Board. § 3107. Case. § 3108. Club. § 3109. Distilled Spirits. § 3110. General License. § 3111. Inspector. § 3112. Licensee. § 3113. Manufacture. § 3114. On-Sale License. § 3115. Off-Sale License. § 3116. Package. § 3117. Person § 3118. Public Eating Place: Meals: Guests: Public Premises. § 3119. Rectify. § 3120. Sell. § 3121. Wine. § 3122. Closed. § 3123. Alcohol Employee. § 3124. Alcohol Server/Seller Training Program. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 2 § 3124.1. Delegation of Authority. § 3125. Manager. § 3126. Alcoholic Beverage Compliance Fees and Fine s Fund. § 3100. Title. This Chapter shall be known and may be cited as the Alcoholic Beverage Control Law.

elegation of Authority. § 3125. Manager. § 3126. Alcoholic Beverage Compliance Fees and Fine s Fund. § 3100. Title. This Chapter shall be known and may be cited as the Alcoholic Beverage Control Law. SOURCE: GC § 25000. § 3101. Definitions. Unless the context otherwise requires, the definiti ons set forth in this part govern the construction of this Chapter. SOURCE: GC § 25001. § 3102. Administrator. Administrator means the Alcoholic Beverage Control Administrator. SOURCE: GC § 25002. § 3103. Alcohol. Alcohol means ethyl alcohol, hydrated oxide of ethy l or spirits of wine. SOURCE: GC § 25003. § 3104. Alcoholic Beverage. Alcoholic beverage means beer, distilled spirits or wine and every liquid or solid which contains one-half ( 2) of one per cent (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when combined with other s ubstances. SOURCE: GC § 25004. § 3105. Beer. Beer means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley or other grain, hops and malt in water. SOURCE: GC § 25005. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 3 § 3105.1. Caffeinated Malt Beverage.

fusion or decoction of barley or other grain, hops and malt in water. SOURCE: GC § 25005. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 3 § 3105.1. Caffeinated Malt Beverage. A caffeinated malt beverage is a beverage containin g at least five-tenths percent (.5%) alcohol by volume, which is either: (a) produced by a brewer, as defined in 26 U.S.C. § 5092, and to which is added, or infused with, caffe ine and/or other stimulants, including, but not limited to, guarana, ginseng, absinthe, and taurine; or (b) treated by processing, filtration, or another method of manufacture that is not generally recogni zed as a traditional process in the production of a beer as described in C.F.R. Sec. 25.55, and to which is added a flavo r or other ingredient containing alcohol, except for a hop ext ract and caffeine and/or other stimulants, including, but no t limited to, guarana, ginseng, absinthe, and taurine, and fo r which the producer is required to file a formula for appr oval with the United States Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 C.F.R. Sec. 25.55, or that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.5 5. SOURCE: Added by P.L.

appr oval with the United States Alcohol and Tobacco Trade and Tax Bureau pursuant to 27 C.F.R. Sec. 25.55, or that is not exempt under Subdivision (f) of 27 C.F.R. Sec. 25.5 5. SOURCE: Added by P.L. 31-101:1 (Sept. 30, 2011). § 3106. Board. Board means the Alcoholic Beverage Control Board. SOURCE: GC § 25006. § 3107. Case. Case means a standard box or carton as packed by th e manufacturer, in which packages of alcoholic bevera ges are shipped or transferred. SOURCE: GC § 25007. § 3108. Club. Club means an organization which operates an establishment for objects of an athletic, patriotic , political or social nature and not for pecuniary gain, having a bona fide membership list, the majority of members of which p ay dues at least once in every year. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 4 SOURCE: GC § 25008. § 3109. Distilled Spirits. Distilled Spirits means aggie, alcohol, brandy or w hiskey and every product of distillation of any fermented liquid which is fit for beverage purposes. SOURCE: GC § 25009. § 3110. General License. General License means a license to sell every kind of alcoholic beverage except alcohol. SOURCE: GC § 25010. § 3111.

d which is fit for beverage purposes. SOURCE: GC § 25009. § 3110. General License. General License means a license to sell every kind of alcoholic beverage except alcohol. SOURCE: GC § 25010. § 3111. Inspector. Inspector means a person in the service of the gove rnment under the supervision and direction of the Administ rator and designated an inspector. SOURCE: GC § 25011. § 3112. Licensee. Licensee means a person holding a license issued by the Board. SOURCE: GC § 25012. § 3113. Manufacture. Manufacture includes rectifying, packaging and labe ling. SOURCE: GC § 25013. § 3114. On-Sale License. On-Sale License means a license to sell alcoholic b everages for consumption on the licensee’s premises. SOURCE: GC § 25014. § 3115. Off-Sale License. Off-Sale License means a license to sell alcoholic beverages for consumption off the licensee’s premises. SOURCE: GC § 25015. § 3116. Package. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 5 Package means a container used for holding alcoholi c beverages which is corked or sealed. SOURCE: GC § 25016. § 3117. Person. Person includes an association, business trust, copartnership, corporation, estate, firm, joint ven

sed for holding alcoholi c beverages which is corked or sealed. SOURCE: GC § 25016. § 3117. Person. Person includes an association, business trust, copartnership, corporation, estate, firm, joint ven ture, receiver, syndicate or any other group or combination acting together or as a unit. SOURCE: GC § 25017. § 3118. Public Eating Place: Meals: Guests: Public Premises. (a) Public Eating Place means a place which is reg ularly used and kept open for the serving of meals to gues ts for compensation and which has suitable kitchen facilit ies connected therewith, containing conveniences for cooking an a ssortment of foods which may be required for ordinary meals, the kitchen of which must be kept in a sanitary condition with the proper amount of refrigeration for keeping of food on said premises and must comply with all the regulations of the Departm ent of Health. Public Eating Place also means a convention center, exhibit hall, or auditorium, which is regularly use d and kept open for the attendance of guests, and in connection wit h such use serves meals to such guests for compensation, and w hich has suitable kitchen facilities in connection therewith , as defined above.

pen for the attendance of guests, and in connection wit h such use serves meals to such guests for compensation, and w hich has suitable kitchen facilities in connection therewith , as defined above. (b) Meals as used in this section, means food commo nly ordered at a lunch or dinner; provided, however, th at the service of food such as sandwiches or salads not be deemed compliance with this requirement. (c) Guests shall mean persons who, during the hours when meals are regularly served therein, come to a publi c eating place for the purpose of obtaining, and actually order an d obtain at such time, in good faith, a meal therein. (d) Public Premises means: (1) Premises licensed with any type of license othe r than an on-sale beer license, and maintained and op erated COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 6 for the selling or serving of alcoholic beverages t o the public for consumption on the premises, and in whic h food shall not be sold or served to the public as in a p ublic eating place, but upon which premises food products may be sold or served incidentally to the sale or service of al coholic beverages, in accordance with rules prescribed by

he public as in a p ublic eating place, but upon which premises food products may be sold or served incidentally to the sale or service of al coholic beverages, in accordance with rules prescribed by t he department. (2) Premises licensed with an on-sale beer license, in which food shall not be sold or served to the publi c as in a public eating place and in which sandwiches, salads , desserts and similar short orders shall not be sold and served. SOURCE: GC § 25018 as amended by P.L. 12-124. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. § 3119. Rectify. Rectify means color, flavor, mix or otherwise proce ss distilled spirits. SOURCE: GC § 25019. § 3120. Sell. Sell includes: (a) Transferring title to alcoholic beverages by on e person to another for any consideration but not the retransfer of title by the latter to the former. (b) Keeping or serving alcoholic beverages in connection with the sale or service of any other su bstance by one person to another for any consideration. (c) Soliciting and receiving orders for alcoholic beverages. (d) Keeping, offering or exposing for sale alcoholi c beverages. SOURCE: GC § 25020.

tance by one person to another for any consideration. (c) Soliciting and receiving orders for alcoholic beverages. (d) Keeping, offering or exposing for sale alcoholi c beverages. SOURCE: GC § 25020. § 3121. Wine. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 7 Wine means the product obtained from normal alcohol ic fermentation of the juice of sound ripe grapes or o ther agricultural products containing natural or added s ugar, with or without added brandy or other spirits, which contai ns not more than fifteen (15) per cent added flavoring, colorin g and blending material and not more than twenty-four (24) per cen t of alcohol by volume. SOURCE: GC § 25021. § 3122. Closed. Closed means that the premise(s) shall be vacated b y all persons immediately after the ‘authorized’ hours of sale in § 3414 of this Title. In this Section, ‘all persons’ does not include employees who may remain in the premises for the pu rpose of cleaning and maintenance. Section 3613 of Article 6 of this Chapter shall apply to this Section with respect to hearing and penalty as appropriate. SOURCE: Added by P.L. 29-034:2 (Oct. 25, 2007). § 3123. Alcohol Employee.

ce. Section 3613 of Article 6 of this Chapter shall apply to this Section with respect to hearing and penalty as appropriate. SOURCE: Added by P.L. 29-034:2 (Oct. 25, 2007). § 3123. Alcohol Employee. Alcohol employee means a person employed by any on- sale or off-sale licensee who sells or serves alcoholic beverages, or who supervises others who sell or serve alcoholic b everages. This includes, but is not limited to, bartenders, w aitresses, waiters, hostesses, hosts, cashiers, checkout clerk s, supervisors, and managers of licensees who are holders of Class 4, 5, 6, 7, 9, 10, 11, and 12 ABC Licenses. SOURCE: Added by P.L. 32-051:2 (July 5, 2013). § 3124. Alcohol Server/Seller Training Program. Alcohol server/seller training program means a clas sroom only educational program offered by a non-profit or ganization, an entity of the government of Guam, a community co llege, or a university that has been approved by the Administra tor under regulations promulgated by the Board. Such regulati ons shall include, but not be limited to, the content of the program, certification of instructors of the program, and te sting and methods of presentation, and as further provided pu rsuant to

ulati ons shall include, but not be limited to, the content of the program, certification of instructors of the program, and te sting and methods of presentation, and as further provided pu rsuant to 3 GAR Chapter 2 [Alcoholic Beverage Control Board]. The COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 8 Board, in drafting such regulations, shall consult with community stakeholders and shall comply with the Administrative Adjudication Act. SOURCE: Added by P.L. 32-051:2 (July 5, 2013). § 3124.1. Delegation of Authority. (a) The Administrator, with the approval of the Boa rd, may enter into an agreement with a non-profit organ ization, community college, or university with an authorized program to conduct an Alcohol Server/Seller Training program o n behalf of the Board, to include: (1) verification of qualifications; (2) the collection of fees for application and lic ensure, as provided pursuant to § 3207 of this Chapter, on behalf of the Board, notwithstanding 3 GAR § 2101(d), which s hall not be applicable in this instance; (3) the issuance of a Guam Alcohol Beverage Contro l Alcohol Employee license on behalf of the Board; an d (4) the accounting and

ing 3 GAR § 2101(d), which s hall not be applicable in this instance; (3) the issuance of a Guam Alcohol Beverage Contro l Alcohol Employee license on behalf of the Board; an d (4) the accounting and remittance of requisite fee s collected for application and licensure, the full s um of which shall be paid to the Alcoholic Beverage Compl iance Fees and Fines Fund, must be used to promote the compliance and enforcement of liquor laws; the act of which shall be deemed compliant with Title 11 Guam Code Annotated, Chapter 3, § 3515. (b) Prior to remitting the fees collected pursuant to this Section to the Alcoholic Beverage Compliance Fees a nd Fines Fund, the authorized non-profit organization, commu nity college, or university shall deduct and retain from the fees collected the cost for tuition for the Alcohol Serv er/Seller Training program, which shall not exceed fifty perc ent (50%) of the cost to obtain an Alcohol Employee Server/Selle r License pursuant to 11 GCA Chapter 3, § 3207. SOURCE: Added by P.L. 32-051:2 (July 5, 2013), amended by P.L. 33- 032 (June 10, 2015. § 3125. Manager. COL1/24/202011 GCA FINANCE & TAXATION CH.

Selle r License pursuant to 11 GCA Chapter 3, § 3207. SOURCE: Added by P.L. 32-051:2 (July 5, 2013), amended by P.L. 33- 032 (June 10, 2015. § 3125. Manager. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 9 All Class 4 on-sale establishments shall have a dul y registered manager or assistant manager on the prem ises, in the absence of the licensee, and during the hours from 7:00 p.m. daily until closing. SOURCE: Added by P.L. 32-051:2 (July 5, 2013). § 3126. Alcoholic Beverage Compliance Fees and Fine s Fund. (a) The 'Alcoholic Beverage Compliance Fees and Fin es Fund,' (Fund), is hereby created, separate and apar t from all other funds of the government of Guam. Monies depos ited into the Fund shall not be commingled with other funds administered by the Department of Revenue and Taxation (DRT) and the Alcoholic Beverage Control Board, and shall only be available for use as stipulated herein pursuant to § 3124.1 o f Article 1 and § 3229(c)(7) of Article 2 of this Chapter. Monies c ollected and deposited into the Fund shall be automatically or continually appropriated from the Fund to DRT for its authorize d use.

Article 1 and § 3229(c)(7) of Article 2 of this Chapter. Monies c ollected and deposited into the Fund shall be automatically or continually appropriated from the Fund to DRT for its authorize d use. (b) Should the Board be unable to make quorum to ap prove the use of the monies collected, the Administrator may still be authorized to use the monies collected; provided, t hat the Administrator notifies the Chairperson of the Board or his/her designee. SOURCE: Added by P.L. 35-053:3 (Nov. 27, 2019). 2020 NOTE: Subsection designations added pursuant to the aut hority of 1 GCA § 1606. ---------- ARTICLE 2 LICENSES § 3200. License: Required. § 3201. Same: Lack of: Disposal of Stock. § 3202. Sale by Nonlicensee: Holder of Warehouse Re ceipts. § 3203. Same: Insurer. § 3204. Exception: Sacramental Wines. § 3205. Same: Consular Officials. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 10 § 3206. Same: Arrivals. § 3207. Licenses: Classes and Fees. § 3208. Same: Fees: Reductions. § 3209. Same: Expiration Date. § 3210. Same: Same: Transfer or Closing of Business . § 3211. License: Privilege: Limitation. § 3212. Same: Limitation. § 3213. Same: Manufacturer. § 3214.

Reductions. § 3209. Same: Expiration Date. § 3210. Same: Same: Transfer or Closing of Business . § 3211. License: Privilege: Limitation. § 3212. Same: Limitation. § 3213. Same: Manufacturer. § 3214. Same: Agent. § 3215. Same: Wholesaler. § 3216. Purchase in Guam for Export. § 3217. Internal Revenue Taxes and Custom Duties: Exemptions and Refunds. § 3218. License: Retail: On-Sale. § 3219. Same: Same: Off-Sale. § 3220. Same: Special. § 3221. Same: Temporary Beer or General. § 3222. Same: Bartenders. § 3223. Same: Warehouseman’s. § 3224. Same: Club Licenses. § 3225. Same: Special Conditions: Club Licenses. § 3226. Air Terminal or Commercial Port Licenses. § 3227. License: Microbrewery-pub restaurant; Authorizations. § 3228. Mobile License. § 3229. Special Display and Tasting/Sampling Event s; Authorized. § 3230. Alcohol Employee License. § 3231. Alcohol Employee License, Term and Portabil ity. § 3232. Manager License. § 3233. Alcohol Server/Seller Training Program Lice nse. § 3200. License: Required. Except as authorized in this Title a person shall n ot import, manufacture or sell alcoholic beverages without a l icense. SOURCE: GC § 25100. § 3201. Same: Lack of: Disposal of Stock.

nse: Required. Except as authorized in this Title a person shall n ot import, manufacture or sell alcoholic beverages without a l icense. SOURCE: GC § 25100. § 3201. Same: Lack of: Disposal of Stock. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 11 A person in possession of a stock of lawfully acqui red alcoholic beverages following the revocation or vol untary surrender of, or failure to renew a license, may se ll such stock, under supervision of the Board in such manner as th e Board shall provide by regulation, to a licensee authorized to sell such alcoholic beverages. SOURCE: GC § 25101. § 3202. Sale by Nonlicensee: Holder of Warehouse Re ceipts. Upon receiving permission from the Board, a bank, t rust company or other financial institution owning or po ssessing warehouse receipts for alcoholic beverages which wa rehouse receipts were acquired by such bank, trust company or other financial institution as security for a loan, may s ell such warehouse receipts to a licensee authorized to sell such alcoholic beverages or such warehouse receipts. SOURCE: GC § 25102. § 3203. Same: Insurer.

institution as security for a loan, may s ell such warehouse receipts to a licensee authorized to sell such alcoholic beverages or such warehouse receipts. SOURCE: GC § 25102. § 3203. Same: Insurer. Upon receiving permission from the Board, an insure r for losses to persons shipping alcoholic beverages may take possession and sell to licensees authorized to sell such alcoholic beverages any alcoholic beverages the containers of which have been damaged by fire or otherwise. This permission shall extend only to alcoholic beverages owned by a licensee and insured against loss or damage by the insurer applying for such permission. SOURCE: GC § 25103. § 3204. Exception: Sacramental Wines. A religious organization may import or receive into Guam sacramental wine for use in the religious rites of such religious organization without license. SOURCE: GC § 25104. § 3205. Same: Consular Officials. A consul general, consul or vice-consul of a foreig n country may import or receive into Guam for private use and consumption, any alcoholic beverages without a lice nse. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 12 SOURCE: GC § 25105. § 3206. Same: Arrivals.

Guam for private use and consumption, any alcoholic beverages without a lice nse. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 12 SOURCE: GC § 25105. § 3206. Same: Arrivals. A person arriving in Guam may bring with him not mo re than once every sixty (60) days for private use, an d not for sale, alcoholic beverages not exceeding one (1) gallon in quantity without a license. SOURCE: GC § 25107. § 3207. Licenses: Classes and Fees. The Board is authorized to issue the following cla sses and kinds of licenses at the following fees: Class 1. Manufacturer’s license $ 100.00 per year Class 2. Agent’s license $ 250.00 per year Class 3. Wholesale dealer’s license $1,000.00 per year Class 4. Retail dealer’s on-sale license: Beer $ 300.00 per year General $1,000.00 per year Wine $ 300.00 per year Manager/Assistant Manager $ 60.00 per 3 years Alcohol Employee $ 60.00 per 3 years Class 5. Retail dealer’s off-sale license: Beer $ 200.00 per year General $1,000.00 per year Wine $ 400.00 per year Alcohol Employee $ 60.00 per 3 years Class 6. Special Alcoholic license $ 25.00 per year Alcohol Employee $ 60.00 per 3 years Class 7.

00.00 per year General $1,000.00 per year Wine $ 400.00 per year Alcohol Employee $ 60.00 per 3 years Class 6. Special Alcoholic license $ 25.00 per year Alcohol Employee $ 60.00 per 3 years Class 7. Temporary beer license $ 20.00 per da y not to exceed $ 100.00 per event Alcohol Employee $ 60.00 per 3 years Class 8. Public warehousemen’s license $ 50.00 per year Class 9. Club license $ 500.00 per year Alcohol Employee $ 60.00 per 3 years Class 10. Temporary general license $ 50.00 per day, not to exceed $ 100.00 per event COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 13 Alcohol Employee $ 60.00 per 3 years Class 11. Microbrewery - pub restaurant license $1,000.00 per year Alcohol Employee $ 60.00 per 3 years Class 12. Mobile License: (a) Limousine Service – per vehicle $ 750.00 per year (b) Charter Vehicle (Vans) – per vehicle up to ten passengers $ 500.00 per ye ar (c) Charter Vehicle (Vans) – per vehicle More than ten passengers $ 750.00 pe r year (d) Buses - per vehicle $1,000.00 per year (e) Alcohol Employee $ 60.00 per 3 years Class 13. Alcohol Server/Seller training program $ 200.00 per year. SOURCE: GC § 25108 as amended by P.L. 11-183 and P.L.

ses - per vehicle $1,000.00 per year (e) Alcohol Employee $ 60.00 per 3 years Class 13. Alcohol Server/Seller training program $ 200.00 per year. SOURCE: GC § 25108 as amended by P.L. 11-183 and P.L. 12-1 24. Amended by P.L. 22-142:1 (Dec. 14, 1994); P.L. 29-0 02:V:I:4 (May 18, 2007); P.L. 32-051:3 (July 5, 2013); and P.L. 33-22 3:2 (Jan. 9, 2017). § 3208. Same: Fees: Reductions. If the applicant applies for a license after the be ginning of a fiscal year but during the first (1st) quarter of t he year, he shall pay the full fee therefor. If he applies after the end of the first (1st) quarter and during the second (2nd) quarter h e shall pay three-fourths (3/4) of the fee. If he applies after the end of the second (2nd) quarter he shall pay one-half ( 2) of the fee regardless of when he applies. SOURCE: GC § 25109. § 3209. Same: Expiration Date. (a) Except for a temporary beer license which the Board is authorized to issue for a period not exceeding thre e (3) days, the licenses specified in § 3207 of this Code shall be issued for an indefinite period, and existing licenses, although containing an expiration date, shall be deemed to be so issued an d shall be valid until revoked

ified in § 3207 of this Code shall be issued for an indefinite period, and existing licenses, although containing an expiration date, shall be deemed to be so issued an d shall be valid until revoked in accordance with the provisio ns of this Chapter. Provided, however, that each licensee shal l pay an annual license fee in the amount specified in § 320 7 for issuance of the license, payable on or before the 30th day o f June of each COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 14 year beginning with the 30th day of June following the issuance of the license or the approval of a transfer as the case may be. (b) If the license fee is not paid on or before th e 30th day of June of each year, the license is automatically sus pended, but may be reinstated by the Board within thirty-one (3 1) days after June 30, upon the payment of the license fee. (c) Unless the license is so reinstated, it is aut omatically revoked thirty-one (31) days after June 30, and the Board shall not issue a license except upon a new original appl ication. SOURCE: GC § 25110. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 3210.

e 30, and the Board shall not issue a license except upon a new original appl ication. SOURCE: GC § 25110. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 3210. Same: Same: Transfer or Closing of Business . Notwithstanding the provisions of § 3209 of this Ar ticle, general retail dealer’s on-sale license and a gener al retail dealer’s off-sale license shall expire one (1) year from the date of transfer from such a licensee to another person, or from the date such a licensee goes out of business, whether voluntarily or involuntarily, unless, the licensee or transferee t hereof puts the license to use within such one (1) year period by a ctually engaging in the business of selling alcoholic bever ages in the manner permitted by the license. SOURCE: GC § 25111. § 3211. License: Privilege: Limitation. A licensee is limited to the privileges conferred b y the license and is not authorized to exercise any other privileges. SOURCE: GC § 25112. § 3212. Same: Limitation. Except in the case of licenses issued to agents and bartenders which are not issued for a particular pr emises, a licensee is limited to the premises for which the l icense is issued

ame: Limitation. Except in the case of licenses issued to agents and bartenders which are not issued for a particular pr emises, a licensee is limited to the premises for which the l icense is issued and is not authorized to exercise the privileges co nferred by the license at an additional or other premises. SOURCE: GC § 25113. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 15 § 3213. Same: Manufacturer. (a) A person holding a Class 1 manufacturer’s lice nse as defined in this Chapter, or engaged in the manufact ure of alcoholic beverages other than as microbreweries, o utside of Guam, is authorized to manufacture and sell in pack ages to persons holding manufacturer’s or wholesaler’s lice nses, as specified by the Board. (b) No manufacturer of any alcoholic beverages, ot her than microbreweries may hold or have interest in another class of alcoholic beverage license directly or indirectly o r engage in any activity requiring any other alcoholic beverage lic ense other than a manufacturer’s license. SOURCE: GC § 25114. Amended by P.L. 24-39:2. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606.

ther alcoholic beverage lic ense other than a manufacturer’s license. SOURCE: GC § 25114. Amended by P.L. 24-39:2. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. References to 'Territory' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 3214. Same: Agent. A person holding an agent’s license is authorized t o sell as an agent of manufacturers of alcoholic beverages lo cated within or without Guam, but only to persons holding wholes ale dealer’s licenses. SOURCE: GC § 25115. § 3215. Same: Wholesaler. (a) A person holding a wholesale dealer’s license i s authorized to import into or to purchase in Guam fr om a manufacturer or other wholesale licensee, the alcoh olic beverages specified by the Board and to sell such a lcoholic beverages to persons holding licenses authorizing t hem to resell such alcoholic beverages. (b) In addition, a person holding a wholesale deale r’s license is authorized to export or sell alcoholic b everages to any person holding a valid retail or wholesale license under the Business License Law for export. COL1/24/202011 GCA FINANCE & TAXATION CH.

nse is authorized to export or sell alcoholic b everages to any person holding a valid retail or wholesale license under the Business License Law for export. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 16 (c) In addition, a person holding a wholesale deale r’s license is authorized to sell sacramental wine to a religious organization for use in the religious rites of such organization and to sell alcoholic beverages to a consul general , consul or vice-consul of a foreign country for private use an d consumption even though such religious organization or represen tative of a foreign government is not a licensee. (d) In addition, a person holding a wholesale deale r’s license is authorized to export or sell alcoholic b everages to a non-licensee for export. SOURCE: GC § 25116. § 3216. Purchase in Guam for Export. Any person holding a valid retail or wholesale lice nse under the Business License Law may purchase and take deli very of alcoholic beverages from any person holding a whole sale dealer’s license or a manufacturer’s license for ex port. Each such purchase and export must be reported to the Adminis trator in accordance with regulations.

ges from any person holding a whole sale dealer’s license or a manufacturer’s license for ex port. Each such purchase and export must be reported to the Adminis trator in accordance with regulations. SOURCE: GC § 25116.1. § 3217. Internal Revenue Taxes and Custom Duties: Exemptions and Refunds. (a) In respect to any sale made subsequent to Octob er 20, 1950, pursuant to the authority contained in subsec tion (b) of § 3215, the authorized seller may obtain, at any time and from time to time, compliance with the provisions of thi s Act and such uniform rules and regulations as may with the appro val of the Governor be promulgated by the Alcoholic Beverage C ontrol Board and the Department of Revenue and Taxation, e xemption from the levy by the government of Guam of any and all Internal Revenue taxes upon any of the alcoholic beverages f orming the subject of such sale; provided, however, that notwi thstanding the provisions of any other law to the contrary, the pr oceeds of the seller from such sale shall be subject to the busin ess privilege tax levied by Chapter 26 of this Title. (b) The Department of Revenue and Taxation is autho rized to refund in respect to any sale made in

r from such sale shall be subject to the busin ess privilege tax levied by Chapter 26 of this Title. (b) The Department of Revenue and Taxation is autho rized to refund in respect to any sale made in accordance with the COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 17 provisions of subsection (a) hereof, the full amoun t of any Internal Revenue taxes levied and collected by the government of Guam at any time prior or subsequent to October 20, 1950, upon any of the alcoholic beverages forming the sub ject of such sale made subsequent to said date. (c) Whoever, in connection with any exemption or re fund obtained or sought to be obtained by virtue of the provisions of this Act, knowingly makes or causes to be made any statement, written or oral, which is false, which conceals any material fact or which is intended or calculated to mislead or de ceive any public official, officer, agent or employee, or who ever willfully violates or fails to comply with any of the rules o r regulations duly promulgated under the provisions of this Act, shall, unless the Criminal and Correctional Code of Guam provides a graver penalty for the specific act or omission, be

of the rules o r regulations duly promulgated under the provisions of this Act, shall, unless the Criminal and Correctional Code of Guam provides a graver penalty for the specific act or omission, be guilty of a misdemeanor. SOURCE: GC § 25117. Subsection (c) as amended by P.L. 13-1 87:167. Amended by P.L. 29-002:VI:28 (May 18, 2007) the nam e, Gross Receipts Tax, changed to Business Privilege Tax. § 3218. License: Retail: On-Sale. A person holding a retail dealer’s on-sale license is authorized to sell to consumers for consumption on the premises where sold the alcoholic beverages specified by the Board. SOURCE: GC § 25118. § 3219. Same: Same: Off-Sale. A person holding a retail dealers off-sale license is authorized to sell to consumers for consumption off the premises where sold, the alcoholic beverages in packages spe cified by the Board. SOURCE: GC § 25119. § 3220. Same: Special. A person holding a special alcohol license is autho rized to import or to purchase within Guam for his own use o r for transfer to a person holding such a license, alcoho l for industrial, medical or scientific purposes but not for beverage purposes. COL1/24/202011 GCA FINANCE & TAXATION CH.

m for his own use o r for transfer to a person holding such a license, alcoho l for industrial, medical or scientific purposes but not for beverage purposes. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 18 SOURCE: GC § 25120. § 3221. Same: Temporary Beer or General. A person holding a temporary beer or general licens e is authorized to sell beer or every kind of alcoholic beverage, dependent upon type of license held for consumption within an area defined in the license by the Board on premise s temporarily occupied for the purpose of picnic, special gatheri ng or similar occasions specified by the Board for a period not e xceeding ten (10) days. Non-profit organizations and clubs are c onsidered eligible persons for holding a temporary beer or ge neral license, when conducting carnivals, or special gatherings fo r fund raising purposes. SOURCE: §25121 as amended by P.L. 11-183 and P.L. 12-124. § 3222. Same: Bartenders. No bartender’s license shall be required. SOURCE: GC § 25122. § 3223. Same: Warehouseman’s. A person holding a public warehouseman’s license is authorized to store alcoholic beverages for the acc ount of licensees. SOURCE: GC § 25123.

uired. SOURCE: GC § 25122. § 3223. Same: Warehouseman’s. A person holding a public warehouseman’s license is authorized to store alcoholic beverages for the acc ount of licensees. SOURCE: GC § 25123. § 3224. Same: Club Licenses. A club license shall be general only and shall auth orize the licensee to sell liquors to members of the club and to guests thereof enjoying the privileges of membership, for consumption only on the premises kept and operated by such club , and shall also authorize any bona fide club member to keep in his private locker on such premises a reasonable quantity of li quor, if owned by himself, for his own personal use and not to be sold, and which may be consumed only on the premises. SOURCE: GC § 25124. § 3225. Same: Special Conditions: Club Licenses. (a) No liquor shall be sold under a club license t o any person not a bona fide members of the club nor a bo na fide guest COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 19 thereof enjoying the privileges of membership, but a member or a guest enjoying the privileges of membership may p urchase liquor for consumption on the premises by his own b ona fide guests.

TROL 19 thereof enjoying the privileges of membership, but a member or a guest enjoying the privileges of membership may p urchase liquor for consumption on the premises by his own b ona fide guests. (b) No guest of a member or of a guest enjoying th e privileges of membership shall purchase or be permi tted to purchase liquor on the premises. (c) Each licensed club shall maintain a complete l ist of its members, which list shall at all times be available on the premises for inspection by any duly authorized offi cer or employee of the government of Guam. (d) Each licensed club also shall maintain on the premises a guest book in which all bona fide guests and member s responsible for said guest shall be required to reg ister. SOURCE: GC § 25125. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 3226. Air Terminal or Commercial Port Licenses. (a) On-Sale License. A special license authorizing the sale of alcoholic beverages for consumption on the premi ses may be issued to any person granted a concession for that purposes at the air terminal or Commercial Port. (b) Sales to Departing Passengers.

e of alcoholic beverages for consumption on the premi ses may be issued to any person granted a concession for that purposes at the air terminal or Commercial Port. (b) Sales to Departing Passengers. A special licens e authorizing sale of alcoholic beverages to a depart ing passenger may be issued to any person granted a concession fo r that purposes at the air terminal or Commercial Port. An y such sales by distributors to the special licensee for resale to departing passengers shall be exempt from tax to the extent a nd in the manner provided by § 26303(c). (c) Licenses authorized by Subsections (a) and (b) shall not be transferable, and their continuance shall be con ditioned upon compliance with all terms applicable to operation o f the concession as established by terminal or port manag ement, respectively. No concession shall be granted to any person not meeting requirements of law applicable to licensees generally, and its operation shall be subject to compliance wi th law and COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 20 regulation by the Board in the same manner as other licensed premises. SOURCE: GC § 25126, amended by P.L. 14-59:1. § 3227.

d COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 20 regulation by the Board in the same manner as other licensed premises. SOURCE: GC § 25126, amended by P.L. 14-59:1. § 3227. License: Microbrewery-Pub; Authorizations. Notwithstanding any other provisions of law, a pers on holding a microbrewery-pub restaurant license is au thorized to: (a) Annually manufacture and store on the licensed restaurant premises, no more than eight thousand ba rrels of beer containing not more than eight percent (8%) of alcohol by weight. (b) Sell such beer so manufactured on the licensed restaurant premises for consumption at the restaura nt premises; as such premises are described in the lic ense. (c) Sell beer, wine or other spirits not manufactur ed on the licensed restaurant premises for consumption at the restaurant premises; as such premises are described in the license. (d) Sell on the licensed premises at retail, beer manufactured on the licensed premises in brewery-se aled packages directly to the consumer for consumption o ff premises. (1) Such packages and the method of packaging must be approved by the Department of Public Health and Social Services with regards to

packages directly to the consumer for consumption o ff premises. (1) Such packages and the method of packaging must be approved by the Department of Public Health and Social Services with regards to sanitary condit ions, date of manufacture, method of storage to avoid perishability, expiration dates and alcohol content by percentage of weight. (2) The off-sale of beer manufactured on the licensed premises is limited to an annual volume of no more than one thousand (1,000) barrels. (3) All off-sale transactions shall be subject to business privilege taxes under Article 2 of Chapter 26 of Title 11, Guam Code Annotated and the alcoholic beverage taxes under § 26302 of Article 3 of Chapte r 26 of Title 11, Guam Code Annotated. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 21 (e) Sell to wholesalers holding, a Class 3 liquor l icense as defined by § 3207 of this Chapter, beer manufact ured on the licensed premises in brewery-sealed packages to licensees. (1) Such packages and the method of packaging must be approved by the Department of Public Health and Social Services with regards to sanitary condit ions, date of manufacture, method of storage to avoid

Such packages and the method of packaging must be approved by the Department of Public Health and Social Services with regards to sanitary condit ions, date of manufacture, method of storage to avoid perishability, expiration dates and alcohol content by percentage of weight. (2) All wholesalers purchasing beer from the brewery shall be required to pay all alcoholic beve rage taxes applicable under Article 3 of Chapter 26 of T itle 11, Guam Code Annotated. (f) (1) The microbrewery may manufacture and package on the licensed premises beer in an unlimit ed quantity for export outside of Guam. (2) Such packages and the method of packaging must be approved by the Department of Public Health and Social Services with regards to sanitary condit ions, date of manufacture, method of storage to avoid perishability, expiration dates, alcohol content by percentage of weight and a label stating that such beer was manufactured for sale outside of Guam. (g) No manufacturer of any alcoholic beverage holdi ng a Class 1 Manufacturer’s License under the provisio ns of § 3207 of this Chapter, or who actively engages in th e manufacture of alcoholic beverages outside of Guam other than as a

beverage holdi ng a Class 1 Manufacturer’s License under the provisio ns of § 3207 of this Chapter, or who actively engages in th e manufacture of alcoholic beverages outside of Guam other than as a microbrewery-pub, may obtain a Class 11 L icense to operate a microbrewery pub restaurant as defined herein. SOURCE: Added by P.L. 22-142 (12/14/94). Amended by P.L. 2 4-39:3. 2017 NOTE: Subitem designations added pursuant to the authorit y of 1 GCA § 1606. References to 'Territory' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 3228. Mobile License. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 22 (a) A mobile license shall be a general on-sale lic ense only and shall authorize the licensee to sell alcoholic beverages to passengers, clients and customers for consumption o nly on the premises of a limousine or bus meeting the requirem ents of 9 GCA § 92114. The license shall be restricted to ve hicles owned and registered to the licensee and shall be non-tra nsferable. All rules and regulations applicable and enforceable, i n accordance with Chapter 3, Title 11, Guam Code Annotated, to o n-sale licenses shall apply to mobile license.

and shall be non-tra nsferable. All rules and regulations applicable and enforceable, i n accordance with Chapter 3, Title 11, Guam Code Annotated, to o n-sale licenses shall apply to mobile license. (b) No applicant issued a license under this Sectio n shall authorize any individual to operate a vehicle subje ct to this Section who has been convicted of any drug or alcoh ol-related offense. SOURCE: Added by P.L. 28-22:4. Amended by P.L. 29-002:VI:1 0 (May 18, 2007). 2018 NOTE: Subsection designations added pursuant to the aut hority of 1 GCA § 1606. The reference to 16 GCA § 18121 originally enacted by P.L. 22-020 (June 22, 1993) altered to reflect the current codi fication in Chapter 92 of Title 9 GCA, pursuant to P.L. 34-107:5 (June 5, 201 8). § 3229. Special Display and Tasting / Sampling Even ts; Authorized. (a) A person holding a valid off-sale license, who lesale dealers’ license, or agent’s license, is authorized to conduct special display and sampling / tasting events of au thorized alcoholic beverages and distilled spirits for the p urpose of familiarizing consumers with the taste of an alcoho lic beverage or distilled spirit product(s) on authorized premis es.

s of au thorized alcoholic beverages and distilled spirits for the p urpose of familiarizing consumers with the taste of an alcoho lic beverage or distilled spirit product(s) on authorized premis es. (b) The Board shall, within one hundred twenty (120 ) days of the enactment of this Act, develop necessary pro cedures, and as deemed necessary, promulgate rules and regulatio ns, if any, to implement this Section. The procedures, rules and regulations shall be duly promulgated by the Board pursuant to Article 3 - Rule Making Procedures, of Chapter 9, Title 5, Guam Code Annotated. (1) The Board shall designate the categories of approved alcoholic beverages and/or distilled spiri ts which COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 23 are authorized for consumption during sampling / ta sting events; and (2) shall determine the amount of, and manner by which, the beverages may be offered or served for s ampling / tasting. (c) The authorized licensee shall, in addition to c omplying with applicable rules and regulations promulgated r elative to this Section, be subject to the following conditions for the conduct of a sampling / tasting event: (1) The tasting /

tion to c omplying with applicable rules and regulations promulgated r elative to this Section, be subject to the following conditions for the conduct of a sampling / tasting event: (1) The tasting / sampling shall not be for a fee o r charge in any amount to the consumer; (2) The amount of alcoholic beverages offered for tasting shall be limited to no more than one (1) th ree (3)- ounce sample of each item per person, with the exce ption of distilled spirits, which will be limited to a singl e one (1)- ounce sample of each item per person; (3) A wholesale dealer licensee or agent licensee s hall not sell any alcoholic beverage product directly to a consumer during the tasting / sampling event; provi ded, however, that the holder of an off-sale license app licable to the premises upon which the event is conducted, may sell directly to consumers for later consumption off the premises; (4) Frequency of Event. A special tasting and sampling event shall not be conducted for more than two (2) consecutive days at a single location per week, nor more than a total of six (6) days at the same location p er month; (5) Advance Notification of Planned Event to Board.

ducted for more than two (2) consecutive days at a single location per week, nor more than a total of six (6) days at the same location p er month; (5) Advance Notification of Planned Event to Board. Notice of the anticipated or planned conduct of an event, or multiple events, shall be submitted to the Board, i n writing or by electronic notification, at least five (5) bu siness days in advance of the event. The one (1) day per event special license shall be assessed a non-recurring fee of Tw enty-five Dollars ($25.00). For all notice submissions recei ved less than five (5) business days from a planned event, a n expedited processing fee of Fifty Dollars ($50.00) will be COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 24 assessed. Full payment of the license fee is due a nd payable at the time a license is issued to the applicant; a nd (6) Authorized Locations. The following locations are authorized for the conduct of temporary special dis play and sampling / tasting events for authorized alcoholic beverages: (A) A business holding an off-Sale license, or sponsored on the premises by a licensed wholesale dealer or licensed agent of alcoholic beverages; (B)

asting events for authorized alcoholic beverages: (A) A business holding an off-Sale license, or sponsored on the premises by a licensed wholesale dealer or licensed agent of alcoholic beverages; (B) A Class 1 Manufacturer’s establishment, as defined in this Chapter; and (C) Hotel lobbies and hotel special event rooms, to include, but not be limited to, exhibit halls, convention centers, mall courtyards, club, vessel, transient vessel, condominium hotel, brewpub and general caterer, when sponsored by a licensed wholesale dealer or licensed agent of alcoholic beverages. (7) Monies Collected from Assessment of Fees. All monies collected for the non-recurring fee and/or t he expedited processing fee shall be deposited into the 'Alcoholic Beverage Compliance Fees and Fines Fund' in accordance with § 3126 of Article 1 of this Chapter . The Administrator, with Board approval, shall be authorized to use the monies collected for programs to promote compliance with liquor laws, business development, and improvement of interagency and interoffice function s. Such programs may include, but are not limited to, enfor cement; public service announcements promoting responsible drinking and

evelopment, and improvement of interagency and interoffice function s. Such programs may include, but are not limited to, enfor cement; public service announcements promoting responsible drinking and driving practices; youth programs; edu cation; and Alcoholic Beverage Control Board and administra tive meetings. (d) Sampling and Licensed Premise. (1) Licensees desiring to have a promotional sampling on their premises shall clearly state and identify in the application the type of liquor to be sampled, t he date and COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 25 hours the sampling is to take place, and the name o f the person in charge of the sampling; (2) Samples of alcoholic beverages will be limited to one (1) three (3)-ounce sample of each item per per son. Distilled spirits will be limited to a single one ( 1)-ounce sample of each item per person; (3) No minors or persons under the age of twenty-on e (21) years shall be permitted to sample liquor; (4) No person under the age of eighteen (18) years shall serve alcohol, liquor, beer, and/or wine; (5) A copy of the approval license shall be posted in the vicinity of the sampling area; and (6) Consumers

person under the age of eighteen (18) years shall serve alcohol, liquor, beer, and/or wine; (5) A copy of the approval license shall be posted in the vicinity of the sampling area; and (6) Consumers (Tasters) shall remain within the designated 'event room' and not be allowed to wande r throughout the premise, and shall not be allowed to exit the premises with alcohol, liquor, wine, and/or beer. SOURCE: Added by P.L. 31-199:2 (Apr. 2, 2012). Subsection (c)(7) amended by P.L. 35-053:2 (Nov. 27, 2019). § 3230. Alcohol Employee License. (a) An Alcohol Employee License shall be required f or all persons who sell or serve, supervise or manage thos e who sell or serve alcoholic beverages for holders of Class 4, 5 , 6, 7, 9, 10, 11, and 12 ABC Licenses. (b) A Temporary Alcohol Employee License may be issued to an employee who has registered for an ABC Board approved Alcohol Server/Seller Training Program. Th e Temporary Alcohol Employee License expires in thirt y days or when the Alcohol Employee License is issued, whiche ver is sooner. (c) A dated receipt from an ABC Board approved Alco hol Server/Seller Training Program indicating enrollmen t and the scheduled date, time, and location

loyee License is issued, whiche ver is sooner. (c) A dated receipt from an ABC Board approved Alco hol Server/Seller Training Program indicating enrollmen t and the scheduled date, time, and location of training shal l be considered a Temporary Alcohol Employee License. The receipt shall also state, 'Temporary Alcohol Employee License', and sh all contain COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 26 the notation that the temporary license shall expir e within thirty days of issuance. SOURCE: Added by P.L. 32-051:5 (July 5, 2013). § 3231. Alcohol Employee License, Term and Portabil ity. Except as otherwise provided for a violation, as pr ovided pursuant to this Chapter, the License for an Alcoho l Employee shall: (a) be valid for a term of three years; (b) be portable to additional or other premises; (c) be in the possession of the employee at all ti mes when performing any duties involving the service or sale of any class of alcohol, as provided for and defined p ursuant to Article 1 of this Chapter; (d) include the declaration that the holder has completed an ABC Board approved Alcohol Server/Sell er Training Program; and (e) be issued by the Alcohol

fined p ursuant to Article 1 of this Chapter; (d) include the declaration that the holder has completed an ABC Board approved Alcohol Server/Sell er Training Program; and (e) be issued by the Alcohol Server/Seller trainin g program. SOURCE: Added by P.L. 32-051:4 (July 5, 2013) as § 3212.1 . Renumbered by the Compiler to harmoniously fit in A rticle 2 of this chapter. § 3232. Manager License. An Alcohol Beverage Control Manager License shall b e required for all managers or assistant managers. E very manager must provide the Board and their employer with proo f that the manager has successfully completed an ABC Board app roved Alcohol Server/Seller Training Program. Proof for the employer shall be satisfied by the possession of a valid Alc ohol Beverage Control Manager or Assistant Manager License, which shall include the declaration, that the holder has comple ted an ABC Board approved 'Alcohol Server/Seller Training Prog ram. SOURCE: Added by P.L. 32-051:5 (July 5, 2013) as § 3231. Renumbered by the Compiler to harmoniously fit in A rticle 2 of this chapter. § 3233. Alcohol Server/Seller Training Program License. COL1/24/202011 GCA FINANCE & TAXATION CH.

uly 5, 2013) as § 3231. Renumbered by the Compiler to harmoniously fit in A rticle 2 of this chapter. § 3233. Alcohol Server/Seller Training Program License. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 27 An Alcohol Server/Seller training program license s hall be issued to alcohol server/seller training programs t hat have been approved by the administrator. SOURCE: Added by P.L. 32-051:5 (July 5, 2013) as § 3232. Renumbered by the Compiler to harmoniously fit in A rticle 2 of this chapter. ---------- ARTICLE 3 ISSUANCE OF LICENSES § 3300. License: Restrictions. § 3301. Same: Same: Citizenship Required. § 3302. Same: Same: Real Party in Interest. § 3303. Same: Same: Minors. § 3304. Same: Same: Prior Revokee. § 3305. Same: Same: Unfit Person. § 3306. Same: Same: Near Church, Hospital, School. § 3307. Same: Same: Zoning. § 3308. Same: Same: Number. § 3309. Same: Same: Number, Cancellation, Issuance of Licenses in Excess of Authorized Ratio: Application : Hearing. § 3310. License: Transfers: Application: Establishm ent of Escrow: License not to be Pledged. § 3311. Same: Application. § 3312. Application: Investigation. § 3313. Same: Same: by Administrator.

ing. § 3310. License: Transfers: Application: Establishm ent of Escrow: License not to be Pledged. § 3311. Same: Application. § 3312. Application: Investigation. § 3313. Same: Same: by Administrator. § 3314. Same: Notice Given. § 3315. Same: Publication of Notice. § 3316. Who May Protest. § 3317. Protest: Writing Required. § 3318. Same: by Administrator as Ground for Denial . § 3319. Same: Same: Notice and Hearing. § 3320. Same: by Others: Hearing. § 3321. License: Issuance Without Protest. § 3322. Same: After Protest. § 3323. Same: Content: Filing. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 28 § 3300. License: Restrictions. (a) Except in the case of an on-sale beer license, off-sale beer license, public warehouseman’s license or temp orary beer license, the Board shall not issue a license to any person who is then holding a license of another class. The Board may issue an on-sale beer license and an off-sale beer license t o one person, a public warehouseman’s license to any person holding a manufacturer’s license or wholesaler’s license and a temporary beer license to any on-sale or off-sale licensee.

e beer license t o one person, a public warehouseman’s license to any person holding a manufacturer’s license or wholesaler’s license and a temporary beer license to any on-sale or off-sale licensee. (b) No manufacturer within or outside of Guam or an y officer, subsidiary, affiliate or other entity in w hich a manufacturer holds any ownership or interest, direc tly or indirectly by stock ownership, interlocking directo rs, trusteeship, loan, mortgage or lien on any real or personal prop erty, shall hold any alcoholic beverage license other than a ma nufacturer’s license in Guam. SOURCE: GC § 25200. Subsection (b) added by P.L. 20-17:12. 2017 NOTE: References to 'Territory' and 'territory' removed a nd/or altered to 'Guam' pursuant to 1 GCA § 420. § 3301. Same: Same: Citizenship Required. Except in the case of an on-sale license for a prem ise under the operation or control of a person who is a contr actor to the United States, the Board shall not issue a license to any person who is not a citizen or national of the United Stat es having resided in Guam permanently and continuously for a period of at least one (1) year immediately preceding the date o f application for a license.

not a citizen or national of the United Stat es having resided in Guam permanently and continuously for a period of at least one (1) year immediately preceding the date o f application for a license. If the person is a partnership, each partner must be such a citizen or national of the United States, an d if a corporation, a majority of the members of the board of directors must be such citizens or nationals of the United St ates, and all of the persons who are charged with the duties of mana ging or conducting the business must be citizens or nationa ls of the United States residing in Guam but need not possess a previous residence of particular duration. The Board may iss ue an on-sale license for a premise under the operation or contro l of a person who is a contractor to the United States. SOURCE: GC § 25201. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 29 COMMENT: § 3301, in requiring a licensee to be a citizen or national of the United States, has no further force and effe ct. See Attorney General opinion memorandum on Feb. 12, 1981, and Kent W. Ho v. Alcoholic Beverage Control Board, Civil Case No. 235-83, Superior Court of Guam (Nov. 7, 1983).

further force and effe ct. See Attorney General opinion memorandum on Feb. 12, 1981, and Kent W. Ho v. Alcoholic Beverage Control Board, Civil Case No. 235-83, Superior Court of Guam (Nov. 7, 1983). § 3302. Same: Same: Real Party in Interest. The Board shall not issue a license of any class to an applicant who is not the real party in interest. SOURCE: GC § 25202. § 3303. Same: Same: Minors. The Board shall not issue a license of any class to a person under twenty-one (21) years of age. SOURCE: GC § 25203 as amended by P.L. 11-144. Amended by P.L. 30-156:2 (July 8, 2010). § 3304. Same: Same: Prior Revokee. Except in the case of a license revoked for non-pay ment of a renewal fee, the Board shall not issue a license of any class to any person who held an alcoholic beverage license o f any class which was revoked within a one-year period prior to the date of the application. SOURCE: GC § 25206. § 3305. Same: Same: Unfit Person. The Board shall not issue a license of any class to any person the Board deems unfit to hold a license. SOURCE: GC § 25207. § 3306. Same: Same: Near Church, Hospital, School.

ame: Same: Unfit Person. The Board shall not issue a license of any class to any person the Board deems unfit to hold a license. SOURCE: GC § 25207. § 3306. Same: Same: Near Church, Hospital, School. (a) The Board shall not issue an on-sale license fo r premises located within a distance of five hundred (500) fee t from any church, hospital or public or private school of gen eral education where persons under the age of eighteen (18) are ta ught, the measurements to be taken in a straight line from th e center of the nearest entrance to the building used as such churc h, hospital or school to the center of the nearest entrance of the premises for which a license is applied; except that the provisi ons of this section shall not prohibit the renewal of any valid on-sale license COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 30 previously issued and in effect at the time of a su bsequent construction or establishment of such church, hospi tal or school within five hundred (500) feet of such licensed pre mises, and provided that such licensed premises shall not subs equently be added to or enlarged; and provided that an on-sale beer licensee coming under this

e hundred (500) feet of such licensed pre mises, and provided that such licensed premises shall not subs equently be added to or enlarged; and provided that an on-sale beer licensee coming under this exception shall not thereafter be issued a general on-sale license. (b) Exception. Notwithstanding the provisions of Subparagraph (a) of this section, the Board may iss ue an on-sale license for premises located with a distance of fiv e hundred (500) feet from any church, hospital or public or p rivate school of general education where persons under the age of eighteen (18) are taught, if the Board finds that the premis es to be licensed are such that would not disturb the church services, or the hospital patients, or the school students, or d etract from the peace and quiet of the neighborhood, and that the g eneral benefit to Guam at large by the licensing of such premises would outweigh any benefit to be derived from a strict en forcement of the prohibition. No such exception may be made if t he presiding official of the church, hospital or school within t he five hundred (500) fee distance does not consent in writing to t he waiver of such prohibition.

No such exception may be made if t he presiding official of the church, hospital or school within t he five hundred (500) fee distance does not consent in writing to t he waiver of such prohibition. SOURCE: GC § 25208 as amended by P.L. 11-144. 2017 NOTE: References to 'territory' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 3307. Same: Same: Zoning. The Board shall only issue a license for premises i n an area zoned ‘C’ (Commercial), ‘M1’ (Light Industrial), ex cept that conditional use is authorized in an ‘R2’ (Multiple Dwelling Zone) when premises are located in a hotel or acces sory building as defined in 21 GCA § 61102, or when located in a shopping center containing a leasable area in excess of 10,0 00 square feet. SOURCE: GC § 25209 as amended by P.L. 12-124. § 3308. Same: Same: Number. The Board shall not license a greater number of on- sale premises within a municipality or portion of a muni cipality than it deems consistent with the public interest. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 31 SOURCE: GC § 25210. § 3309. Same: Same: Number, Cancellation, Issuance of Licenses in Excess of Authorized Ratio: Application :

L1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 31 SOURCE: GC § 25210. § 3309. Same: Same: Number, Cancellation, Issuance of Licenses in Excess of Authorized Ratio: Application : Hearing. (a) The number of premises for which an on-sale gen eral license or an off-sale general license is issued sh all be limited to one (1) for each two hundred (200) or fraction ther eof, inhabitants of the municipality in which the premis es are situated, provided, however, that without regard to such population limitation, a nontransferable, on-sale, general license may be issued for any hotel of not less than twenty (20) rooms, or for any premises designed to provide restaurant facilities for the public in which the investment in buildings is not less than fifty thousand dollars ($50,000.00). No on-sale gen eral license shall be issued in lieu of or upon the cancellation or surrender of an on-sale beer and wine license, except in case of an increase in population as provided hereafter. (b) For purposes of this Title municipality shall mean the geographical area over which a mayor as defined in 5 GCA Ch.

ine license, except in case of an increase in population as provided hereafter. (b) For purposes of this Title municipality shall mean the geographical area over which a mayor as defined in 5 GCA Ch. 40 exercises jurisdiction while inhabitants shall e xclude those residing on military contractors’ reservations. (c) Nothing in this section shall authorize the ca ncellation of any license which may be outstanding in any muni cipality in excess of the number authorized by the ratio establ ished in this section nor shall anything in this article require the issuance of any license in any municipality because the number of the licenses does not equal the authorized ration. (d) Whenever it is made to appear to the Board by satisfactory evidence that the population in any mu nicipality has increased by more than two hundred (200) or multipl es of two hundred (200) inhabitants since the latest census r ecognized by the government of Guam, and it appears to the Board that by reason thereof the inhabitants of the municipality are unjustly and unfairly discriminated against, and if the tota l number of licenses in such municipality does not exceed the m aximum specified, the Board may issue

inhabitants of the municipality are unjustly and unfairly discriminated against, and if the tota l number of licenses in such municipality does not exceed the m aximum specified, the Board may issue not to exceed one on -sale general license and one off-sale general license for each a dditional two COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 32 hundred (200) inhabitants in the municipality since the effective date, hereof, any person applying for an off-sale g eneral license on the ground of increased population shall set for th in his application and shall affirmatively show all of the following: (1) That he is a qualified applicant and that his premises qualify under the law and rules of the Boa rd. (2) That the issuance of the license applied for wo uld serve the public convenience or necessity. (3) That the issuance of the license applied for wo uld not be contrary to the public welfare and morals. (4) That inequality in the ratio of licenses exists between the municipality in which the applicant’s p remises are located, and other municipalities in Guam.

ntrary to the public welfare and morals. (4) That inequality in the ratio of licenses exists between the municipality in which the applicant’s p remises are located, and other municipalities in Guam. (5) That the population in the municipality for whi ch the license is applied has increased to the extent and under the conditions mentioned in this section. (e) When an application is filed with the Board pu rsuant to the provision of the section regarding the increase in population, it shall be referred to the Administrator who shall cause a full investigation to be made of all matters stated in a nd relating to the application and report his findings to the Boar d with the recommendations. If a protest against the issuance of the license is filed with the Board, the hearing thereon shall be had and conducted accordingly, as provided in this Title. SOURCE: GC § 25210.1 as amended by P.L. 12-72. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. References to 'territory' and 'territorial' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 3310.

Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606. References to 'territory' and 'territorial' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 3310. License: Transfers: Application: Establishm ent of Escrow: License not to be Pledged. Each license is separate and distinct and is transf erable from the licensee to another person upon the approval of the Board as provided in this Title and upon the payment of a tr ansfer fee equal to the fee payable upon an original applicati on for the COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 33 license, subject however to the reductions specifie d § 3208 of this Code, except as hereinafter provided. (a) The license or licenses of one spouse may be transferred to the other spouse when the applicatio n for transfer is made prior to the entry of a final decr ee of divorce, and the license or licenses of a decedent, minor ward, incompetent person, bankrupt person, person f or whose estate a receiver is appointed, or assignor f or the benefit of creditors may be transferred by or to th e surviving partner or partners of a deceased licensee, the exe cutor, administrator, or

whose estate a receiver is appointed, or assignor f or the benefit of creditors may be transferred by or to th e surviving partner or partners of a deceased licensee, the exe cutor, administrator, or guardian of an estate of a licens ee, the surviving spouse of a deceased licensee in the even t that the deceased licensee leaves no estate to be administer ed, the trustee of a bankrupt estate of a licensee, receive r of the estate of a licensee, or an assignee for the benefi t of creditors of a licensee with the consent of the ass ignor, or licenses may be transferred between partners where no new partner is being licensed. All such transfers shall be approved by the Board upon application therefor wit hout further proceedings. The fee for transfer for each such license is twenty-five dollars ($25.00). (b) Each license is transferable from the premises for which issued upon the approval of the Board, the pa yment of a transfer fee of twenty-five dollars ($25.00) a nd compliance with the provisions of this Title relati ng to the issuance of an original license. (c) (1) No retail license limited in numbers shall be transferred, unless before the filing of the transf er application

the provisions of this Title relati ng to the issuance of an original license. (c) (1) No retail license limited in numbers shall be transferred, unless before the filing of the transf er application with the Board, the licensee or the int ended transferee records in the Department of Revenue and Taxation, government of Guam, a notice of the intended transfer, stating all of the following: (A) The name and address of the licensee. (B) The name and address of the intended transferee. (C) The kind of license or licenses intended to be transferred. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 34 (D) The address or addresses of the premises to which the license or licenses have been issued. (E) The date when, which shall be at least ten (10) days after the recording of the notice, and th e place where the purchase price or consideration for the transfer of the license or licenses, if any there be, is to be paid, and the amount of the purchase price or consideration, if any there be. (F) The name and address of the escrow holder provided herein. (2) A copy of the notice of intended transfer, certified by the Department of Revenue and Taxation , shall be filed

on, if any there be. (F) The name and address of the escrow holder provided herein. (2) A copy of the notice of intended transfer, certified by the Department of Revenue and Taxation , shall be filed with the Board together with a trans fer application. (3) Before the filing of such a transfer applicati on with the Board the licensee and the intended transf eree shall establish in escrow with some person, corporation, or association not a party to the tran sfer acting as escrow holder, and the intended transfere e shall deposit with the escrow holder the full amoun t of the purchase price or consideration, if any there b e, to be paid in connection with the transfer. The licens ee and intended transferee shall also enter into an agreement, which agreement shall be deposited with the escrow holder, directing the escrow holder, out of the purchase price or consideration, to pay the cla ims of the bona fide creditors of the licensee who file their claims with the escrow holder on or before the date when the purchase price or consideration which is t o be paid for the transfer of the license is fixed in th e recorded notice of intended transfer; or if the pur chase price or

on or before the date when the purchase price or consideration which is t o be paid for the transfer of the license is fixed in th e recorded notice of intended transfer; or if the pur chase price or consideration is not sufficient to pay the claims in full, to distribute the consideration pro rata t o the creditors of the licensee. The agreement shall also provide that the escrow holder shall make the payme nt or distribution within reasonable time after the completion of the transfer of the license. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 35 (d) The provision of this section relative to the f iling of an application for transfer and on the establishmen t of escrow shall not apply to transfer of license made pursuant to subparagraph (a) of § 3310 of this Code by or to an executor, administrator, guardian, trustee, receive r, or other person acting in the legal or proper discharge of o fficial duty, or in the discharge of any trust imposed upon him by law, nor to any transfer or assignment, statutory o r otherwise, made for the benefit of creditors. (e) No licensee shall enter into any agreement wher ein he pledges the transfer of his license as

y law, nor to any transfer or assignment, statutory o r otherwise, made for the benefit of creditors. (e) No licensee shall enter into any agreement wher ein he pledges the transfer of his license as security for a loan or as security for the fulfillment of any agreement. E ach application for the transfer of a license shall be accompanied by or contain a statement verified by b oth the transferrer and transferee specifically stating tha t the transfer application or proposed transfer is not ma de to satisfy the payment or a loan or to fulfill an agre ement entered into more than ninety (90) days preceding t he day on which the transfer application is filed with the Board, or to gain or establish a preference to or for any cre ditor of the transferrer or to defraud or injure any creditor of the transferrer. This statement shall become part of th e application, and any misrepresentation contained in the statement shall be considered the misrepresentation of a material fact. SOURCE: GC § 25213. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606, after review of orig inal source, GC § 25213. § 3311. Same: Application.

fact. SOURCE: GC § 25213. 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606, after review of orig inal source, GC § 25213. § 3311. Same: Application. An applicant for a license shall submit an applicat ion in writing to the Board, verified under oath and accom panied by the license fee. SOURCE: GC § 25214. § 3312. Application: Investigation. Upon receipt of an application for a license and th e license fee, the Board shall cause a thorough investigation to be made to COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 36 determine whether or not the applicant and the prem ises qualify for a license. SOURCE: GC § 25216. § 3313. Same: Same: by Administrator. The Board shall refer every application for a licen se to the Administrator for investigation and report. The Boa rd shall not issue any license prior to receipt of the Administr ator’s report. SOURCE: GC § 25217. § 3314. Same: Notice Given. In addition to referring the application to the Adm inistrator, the Board shall immediately mail notice of the appl ication to the Chief of Police, Director of Public Health and Soci al Service, Attorney General, Planning

ng the application to the Adm inistrator, the Board shall immediately mail notice of the appl ication to the Chief of Police, Director of Public Health and Soci al Service, Attorney General, Planning Commission, and the Comm issioner of the municipality in which the premises for which the license is sought are located. SOURCE: GC § 25218. NOTE: Director of Public Safety and Island Attorney repl aced by Chief of Police and Attorney General to reflect current o rganizational titles. § 3315. Same: Publication of Notice. Within five (5) days after filing an application, a n applicant shall cause notice of the application in a form pre scribed by the Board to be published for three (3) consecutive day s in a newspaper of general circulation in Guam. The appli cant shall file an affidavit of publication with the Board bef ore the Board may issue a license. NOTE: GC § 25219. § 3316. Who May Protest. The Administrator, Chief of Police, Director of Pub lic Health and Social Services, Attorney General, Plann ing Commission, Commissioner of the municipality in whi ch the premises for which a license is sought are located, and every person who has an interest that might be affected a dversely

eneral, Plann ing Commission, Commissioner of the municipality in whi ch the premises for which a license is sought are located, and every person who has an interest that might be affected a dversely by the granting of a license by reason of being an off icial of a church, hospital, school, contractor’s or similar c amp, or military reservation, or by reason for having an interest in land located COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 37 within five hundred (500) feet of the premises for which a license is sought, may protest against the issuance of a license. SOURCE: GC § 25220. NOTE: Director of Public Safety and Island Attorney repl aced by Chief of Police and Attorney General to reflect current o rganizational titles. § 3317. Protest: Writing Required. The protest shall be in writing, signed by the pers on protesting and shall set forth the basis upon which the protest is made and such other information as the Board shall require. SOURCE: GC § 25221. § 3318. Same: by Administrator as Ground for Denial . A protest by the Administrator disclosing that an a pplicant or the premises for which a license is sought does not qualify for a license shall

. § 3318. Same: by Administrator as Ground for Denial . A protest by the Administrator disclosing that an a pplicant or the premises for which a license is sought does not qualify for a license shall constitute grounds for denial of th e license without necessity for a hearing by the Board prior to such denial. SOURCE: GC § 25222. § 3319. Same: Same: Notice and Hearing. In the event the Board denies a license on the basi s of the Administrator’s protest, the Board shall immediatel y notify the applicant in writing. Within ten (10) days after th e giving of notice by the Board, the applicant may present a wr itten petition for a license and the Board shall hold a hearing on the petition. SOURCE: GC § 25223. § 3320. Same: by Others: Hearing. (a) If a protest is received from any person entit led to protest, other than the Administrator, and is recei ved within ten (10) days after the first publication of notice of the applicant’s application in a newspaper of general circulation i n Guam, the Board shall not issue a license until after a heari ng on the protest. (b) If the protest is received after a license is issued the Board shall treat it as an accusation. SOURCE: GC § 25224.

uam, the Board shall not issue a license until after a heari ng on the protest. (b) If the protest is received after a license is issued the Board shall treat it as an accusation. SOURCE: GC § 25224. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 38 § 3321. License: Issuance Without Protest. If a protest is not made by the Administrator in hi s report or within the prescribed period by other person entitl ed to protest, and the Board is satisfied that the applicant and t he premises qualify for a license, the Board may proceed to iss ue a license. SOURCE: GC § 25225. § 3322. Same: After Protest. If a protest is made by the Administrator or within the prescribed period by other person entitled to prote st, the Board may proceed to issue a license after a hearing, if it is satisfied that the applicant and premises qualify for a licen se. SOURCE: GC § 25226. § 3323. Same: Content: Filing. The Board shall issue all licenses to named persons , specifying on each license the class, and where mor e than one kind within a class, the kind of license, fee, and except in the case of

: Filing. The Board shall issue all licenses to named persons , specifying on each license the class, and where mor e than one kind within a class, the kind of license, fee, and except in the case of agents, the premises for which issued. In t he case of an agent’s license the Board shall specify the name of the manufacturer whom the agent is representing. The Bo ard may delegate to the Administrator the signing of any li censes authorized to be issued. SOURCE: GC § 25227. ---------- ARTICLE 4 STANDARDS § 3400. How Business is to be Conducted. § 3401. Advertising. § 3402. Posting Price List. § 3403. Same: On-Sale. § 3404. Premiums or gifts forbidden: exception. § 3405. Alcoholic beverages: gifts forbidden: excep tion. § 3406. Same: Distribution to Shareholders Forbidde n. § 3407. Hostess, etc. Forbidden. § 3408. Prostitutes Forbidden. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 39 § 3409. Minors: Employment Forbidden. § 3410. Same: Entry Forbidden. § 3411. Condition of Premises. § 3412. Unauthorized Alcoholic Beverages: Possessio n Forbidden. § 3413. Same: Consumption Forbidden. § 3414. Hours of Sale. On-Sale Premises. § 3415. Same: Air Terminal. § 3416.

ndition of Premises. § 3412. Unauthorized Alcoholic Beverages: Possessio n Forbidden. § 3413. Same: Consumption Forbidden. § 3414. Hours of Sale. On-Sale Premises. § 3415. Same: Air Terminal. § 3416. Same: Penalty. § 3417. Same: Off-Sale. § 3418. Sale: To Intoxicated Person or Habitual Dru nkard: Forbidden. § 3419. Same: To Minor. § 3420. Same: False Identification by Minor. § 3421. Same: In School. § 3422. Same: In Jail. § 3423. Consumption on Public Way Forbidden. § 3424. Label: Required Content. § 3425. Alcoholic Solution. § 3426. Information to Purchaser. § 3427. Container: Refill Prohibit. § 3428. Same: Size Limited: On-Sale. § 3429. Same: Same: Off-Sale. § 3430. Restrictions on Interests and Transactions Between Licenses. § 3431. Restriction on Business Interests of Licens ees. § 3432. Stacking Drinks Prohibited. § 3433. Consumption of Alcoholic Beverages by Licen sees and Employees While on Duty Prohibited. § 3434. Size of Measuring Glass or Use of Measuring Instrument for Mixing Drinks Prescribed. § 3435. Sale of Tax-Free Liquor Prohibited. § 3400. How Business is to be Conducted.

e on Duty Prohibited. § 3434. Size of Measuring Glass or Use of Measuring Instrument for Mixing Drinks Prescribed. § 3435. Sale of Tax-Free Liquor Prohibited. § 3400. How Business is to be Conducted. A licensee, whether manufacturer, agent, wholesaler or retailer shall not encourage the consumption of alc oholic beverages but shall confine his business to the sup plying of demand for alcoholic beverages, and in a dignified manner, in accordance with the intent of the provisions of thi s Chapter. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 40 SOURCE: GC § 25300. § 3401. Advertising. The Board shall have the power to prescribed by reg ulation the character and extent of all advertising on the interior of any licensed premises, and subject to the provisions of this Chapter in case of the exterior of any on-sale premises, al l other advertising by radio, newspaper or other periodical , outdoor signs or other graphic or printed matter as will pr ovide the purchaser or consumer of alcoholic beverages with a ccurate information as to the kind, quantity, quality and m anufacturer or distributor of alcoholic beverages and as will prev ent false, misleading,

rchaser or consumer of alcoholic beverages with a ccurate information as to the kind, quantity, quality and m anufacturer or distributor of alcoholic beverages and as will prev ent false, misleading, obscene or indecent statements or state ments addressed to minors or intended to encourage consum ption of alcoholic beverages or disparaging the product of a competitor or advertising that is not consistent with the dignity required in the operation of the premises. SOURCE: GC § 25301. § 3402. Posting Price List. An on-sale licensee shall post in a conspicuous pla ce in the premises a current price list of alcoholic beverage s, beers and all other beverages sold or offered for sale within the premises. SOURCE: GC § 25301.1 added by P.L. 15-76:1. § 3403. Same: On-Sale. An on-sale licensee shall not place nor permit to b e placed any sign upon or adjacent to the exterior of the pr emises which advertises any alcoholic beverage or which uses the words bar, saloon or cocktail, either alone or in conjunction with other words or which uses any symbol having a similar imp ort unless such sign shall first have been approved by the Boa rd. SOURCE: GC § 25302. § 3404.

cocktail, either alone or in conjunction with other words or which uses any symbol having a similar imp ort unless such sign shall first have been approved by the Boa rd. SOURCE: GC § 25302. § 3404. Premiums or Gifts Forbidden: Exception. A licensee shall not give, directly or indirectly, any premiums or gifts with the sale of any alcoholic be verages; provided, however, that on-sale and off-sale licens ees may give premiums or promotional gifts in connection with th e sale of COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 41 alcoholic beverages, subject to any limitations tha t may be imposed on such gifts by regulation adopted by the Board. SOURCE: GC § 25303. Amended by P.L. 22-80:2 (3/3/94). § 3405. Alcoholic Beverages: Gifts Forbidden: Excep tion. Subject to any limitations that may be imposed by regulation adopted by the Board, no person shall of fer or give any alcoholic beverages to any person in conjunctio n with the operation of any business, except that any person, including a licensee, may serve and provide, at no charge, food and alcoholic and non-alcoholic beverages to persons attending sp ecial promotions, grand openings, special gatherings,

hat any person, including a licensee, may serve and provide, at no charge, food and alcoholic and non-alcoholic beverages to persons attending sp ecial promotions, grand openings, special gatherings, and similar occasions. In addition, any licensee may donate for charitable events alcoholic and non-alcoholic beverages to any not-for profit, charitable corporation or association which has a current certificate of tax exemption from the government of Guam. SOURCE: GC § 25304. Amended by P.L. 22-80:3 (3/3/94). § 3406. Same: Distribution to Shareholders Forbidde n. A corporation shall not distribute, directly or ind irectly, any alcoholic beverages to its stockholders by dividend , either by distribution in kind or the granting of purchase pr emiums. § 3407. Hostess, etc. Forbidden. A licensee shall not employ in any on-sale premises a hostess or entertainer for the purpose of procuring or encouraging the sale of alcoholic beverages. SOURCE: GC § 25306. § 3408. Prostitutes Forbidden. A licensee shall not keep nor permit to frequent or be used in conjunction with any on-sale premises a prostitu te or other person who practices immoral acts. SOURCE: GC § 25307. § 3409.

s Forbidden. A licensee shall not keep nor permit to frequent or be used in conjunction with any on-sale premises a prostitu te or other person who practices immoral acts. SOURCE: GC § 25307. § 3409. Minors: Employment Forbidden. (a) A licensee shall not employ any minor under th e age of eighteen (18), in or about that portion of the prem ises which is COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 42 used for the sale or service of alcoholic beverages for consumption on the premises. (b) Provided, however, the minors ages sixteen (16) and above may be employed as entertainers in on-sale pr emises under regulations made by the Board. Such regulatio ns shall include, but are not limited to, provisions for reg istrations of entertainers, hours of employment, conditions of em ployment, and the responsibility of licensees employing such minors. Minors aged sixteen (16) and above may also be empl oyed as waiters, bus persons, or other traditional restaura nt staff, or as management trainees, provided the licensee can prov e that at least seventy percent (70%) of the licensee’s reven ue at the food establishment comes from the sale of food, and that no more than

or as management trainees, provided the licensee can prov e that at least seventy percent (70%) of the licensee’s reven ue at the food establishment comes from the sale of food, and that no more than thirty percent (30%) of the licensee’s revenue at t he food establishment comes from the sale of alcoholic beve rages and provided further that minors so employed shall not be permitted to handle alcoholic beverages. Minors employed unde r the provisions of this section must work where close su pervision exists to ensure compliance with prohibitions again st consumption or handling of alcoholic beverages by m inors. Nothing in this section shall be construed as exemp ting minors from the provisions of Guam’s curfew laws or restri ctions on working hours for minors that may exist in Guam law . SOURCE: GC § 25308 amended by P.L. 10-23 and P.L. 11-144. Amended by P.L. 23-92:2. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 3410. Entry Forbidden. (a) No person under eighteen (18) years of age shal l enter an establishment where alcoholic beverages are cons umed, unless such establishment is a public eating place, as defined in § 3118 of this Code.

o person under eighteen (18) years of age shal l enter an establishment where alcoholic beverages are cons umed, unless such establishment is a public eating place, as defined in § 3118 of this Code. Every person who violates this Section shall be guilty of a petty misdemeanor. (b) Exemptions. Establishments may open their doors and allow for teen events; provided, that the following provisions are adhered to: COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 43 (1) no beverages with any amount of alcoholic content are sold during the events; (2) all teens entering the premises shall be checke d to ensure that no alcoholic beverages are brought into the premises; any alcoholic beverage found shall be con fiscated on the spot; (3) the management of the establishment shall ensur e that, in addition to no alcoholic beverage being so ld or consumed in the establishment during the teen event s, that no alcoholic beverage is being consumed outside the premises which is under the direct control or owner ship of the establishment; (4) the establishment must remove all lewd, pornographic pictures, objects and other parapherna lia not suitable for teens prior to opening

nder the direct control or owner ship of the establishment; (4) the establishment must remove all lewd, pornographic pictures, objects and other parapherna lia not suitable for teens prior to opening its doors for t een events; (5) the establishment must comply with all other statutes governing the conduct of minors, who are d efined as anyone under the age of eighteen (18) years old; (6) the establishment must provide an identificatio n marking, i.e. stamp, on any individual who is atten ding or participating in such teen events; (7) the establishment must provide for adequate adu lt, i.e. personnel or chaperon, supervision and surveil lance of such events; (8) the establishment must acquire a business permi t for conducting such teen events from the Department of Revenue and Taxation; such authorization may be inc luded in its existing business permit at no additional co st; and (9) the establishment must remove or cover all pictures, objects and other related items exclusive ly for advertising alcohol or tobacco products. The term >advertising = for the purpose of this Section shall mean all representations disseminated in any manner or by an y means, other than by labeling,

or advertising alcohol or tobacco products. The term >advertising = for the purpose of this Section shall mean all representations disseminated in any manner or by an y means, other than by labeling, for the purpose of i nducing, or which are likely to induce, directly or indirect ly, the purchase and consumption of alcohol or tobacco by m inors. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 44 (c) In addition to any other penalty allowed by law , a violation of the provisions of this Section shall h ave as an additional penalty a Five Hundred Dollar ($500.00) fine, and suspension of the establishment =s business license for a minimum of three (3) months. SOURCE: GC § 25308.1, amended by P.L. 10-23, P.L. 11-144 a nd P.L. 13-187:169. Repealed/reenacted by P.L. 26-133:2. 2013 NOTE: Pursuant the authority granted by 1 GCA § 1606, n umbers and/or letters in subsection (b) were altered to ad here to the Compiler’s alpha-numeric scheme. § 3411. Condition of Premises. The Board shall have the power to prescribe by regu lation the arrangement, construction, equipping, lighting and sanitary facilities of any premises as will provide a safe a nd sanitary premises

es. The Board shall have the power to prescribe by regu lation the arrangement, construction, equipping, lighting and sanitary facilities of any premises as will provide a safe a nd sanitary premises with a sufficiently lighted, orderly atmos phere. SOURCE: GC § 25309. § 3412. Unauthorized Alcoholic Beverages: Possessio n Forbidden. A licensee shall not keep upon the premises any alc oholic beverages other than those in which he is authorize d to deal by his license. SOURCE: GC § 25310. § 3413. Same: Consumption Forbidden. Unless authorized by a license issued for the premi ses and sold by the licensee, a person shall not consume an y alcoholic beverages on any premises where alcoholic beverages are sold, nor except as prescribed by the Board by regulation , on any premises open to or used by the public. No person shall consume alcoholic beverages at any bus stops, bus s helters, or any facility provided for students waiting for bus transportation to and from school. All monies collected from citations issued pursuant to this Section shall be deposited in the Police Services F und. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 45 (a) Exception.

nies collected from citations issued pursuant to this Section shall be deposited in the Police Services F und. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 45 (a) Exception. This § 3413 shall not apply to temporary special tasting and sampling events, as authorized pursuant to § 3229 of Article 2, of this Chapter. SOURCE: GC § 25311. Amended by P.L. 29-013:2 (Sept. 7, 20 07). Subsection (a) added by P.L. 31-199:3 (Apr. 2, 2012 ). § 3414. Hours of Sale. On-Sale Premises. An on-sale licensee shall not sell or serve any per son any alcoholic beverages between the hours of 2:00 a.m. and 8:00 a.m., provided, however, that all alcoholic beverag es must be consumed within fifteen (15) minutes of the time pe rmitted for the sale thereof and premise(s) shall be closed no later than 3:00 a.m. thereafter. A licensee may begin selling or s erving alcoholic beverages at 8:00 a.m., Monday through Su nday, inclusive. SOURCE: GC § 25312 amended by P.L. 12-124 and P.L. 16-120, and as R/R by P.L. 17-81:38. Amended by P.L. 29-034:3 (Oc t. 25, 2007), P.L. 30-154:1 (July 8, 2010). § 3415. Same: Air Terminal.

inclusive. SOURCE: GC § 25312 amended by P.L. 12-124 and P.L. 16-120, and as R/R by P.L. 17-81:38. Amended by P.L. 29-034:3 (Oc t. 25, 2007), P.L. 30-154:1 (July 8, 2010). § 3415. Same: Air Terminal. Section 3414 shall not apply to the sale of alcohol ic beverages within the designated concessionaires in the secured areas of the A. B. Won Pat Guam International Airpo rt Author- ity. SOURCE: Added by P.L. 13-113:2 as §25312.1 GC. Amended by P.L. 25-57:1 (June 30, 1999). NOTE: Amended to limit scope only to the designated con cessionaires at the airport, not to the whole airport. CROSS-REFERENCES: P.L. 19-19:27 abolished the Air Terminal Gaming Zone. § 3416. Same: Penalty. Any person who brings alcoholic beverages into prem ises operated by an on-sale licensee and consumes the sa me thereon so as to cause a violation of § 3414 of this Chapte r is guilty of a petty misdemeanor. SOURCE: GC § 25313 as amended by P.L. 13-187:170. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 46 § 3417. Same: Off-Sale. An off-sale licensee shall not sell alcoholic bever ages between the hours of 2:00 a.m. and 9:00 a.m. of any day. SOURCE: GC § 25314, R/R by P.L.

ALCOHOLIC BEVERAGE CONTROL 46 § 3417. Same: Off-Sale. An off-sale licensee shall not sell alcoholic bever ages between the hours of 2:00 a.m. and 9:00 a.m. of any day. SOURCE: GC § 25314, R/R by P.L. 12-124 and amended by P.L. 14- 61:1. § 3418. Sale: To Intoxicated Person or Habitual Dru nkard: Forbidden. A licensee shall not sell or give nor permit to be sold or given any alcoholic beverages to any habitual or co mmon drunkard or obviously intoxicated person. SOURCE: GC § 25317. § 3419. Same: To Minor. (a) A licensee, his agent or employee shall not se ll, give, nor permit to be sold, given or served any alcoholi c beverages to any person under twenty-one (21) years of age. For the purpose of preventing any violation of this Section, any li censee, or his agent or employee, may refuse to sell or serve alco holic beverages to any person who is unable to produce ad equate written evidence that he or she has reached the age of twenty-one (21) years. In any criminal prosecution or proceed ing for the suspension or revocation of any license and based u pon a violation of this Section, proof that the defendant licensee, or his agent or employee, demanded and was shown, before f

proceed ing for the suspension or revocation of any license and based u pon a violation of this Section, proof that the defendant licensee, or his agent or employee, demanded and was shown, before f urnishing any alcoholic beverage to a minor, an identificatio n card or other bona fide documentary evidence of majority of such person shall be a defense to such prosecution or proceeding for the suspension or revocation of any license. (b) Every person who violates this Section shall be guilty of a petty misdemeanor. SOURCE: GC § 25318. Amended by P.L. 10-23, P.L. 11-144, P .L. 13- 187-171 and P.L. 30-156:3 (July 8, 2010). 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 3420. Same: False Identification by Minor. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 47 Any person under twenty-one (21) years of age who exhibits a false identification card or false docum ent for the purpose of purchasing or obtaining alcoholic bevera ges shall be guilty of a petty misdemeanor. SOURCE: GC § 25318.1 amended by P.L. 10-23, P.L. 11-144, P .L. 13- 187:172 and P.L. 30-156:4 (July 8, 2010). § 3421. Same: In School.

ning alcoholic bevera ges shall be guilty of a petty misdemeanor. SOURCE: GC § 25318.1 amended by P.L. 10-23, P.L. 11-144, P .L. 13- 187:172 and P.L. 30-156:4 (July 8, 2010). § 3421. Same: In School. A person shall not offer for sale, sell or deliver to any person within any school buildings or grounds any a lcoholic beverage. SOURCE: GC § 25319. § 3422. Same: In Jail. A person shall not offer for sale, sell or deliver to any person within the buildings or grounds of any jail, prison or corrective institution any alcoholic beverage. SOURCE: GC § 25320. § 3423. Consumption on Public Highways Forbidden. A person shall not consume any alcoholic beverage o n any public highway or road while operating or traveling in a motor vehicle, unless exempted by 9 GCA § 92114. SOURCE: GC § 25321. Amended by P.L. 28-22:3. 2018 NOTE: The reference to 16 GCA § 18121 originally enacte d by P.L. 22-020 (June 22, 1993) altered to reflect the current codification in Chapter 92 of Title 9 GCA, pursuant to P.L. 34-107: 5 (June 5, 2018). CROSS-REFERENCES: See 16 GCA § 9105, which forbids drinking in a motor vehicle. § 3424. Label: Required Content.

codification in Chapter 92 of Title 9 GCA, pursuant to P.L. 34-107: 5 (June 5, 2018). CROSS-REFERENCES: See 16 GCA § 9105, which forbids drinking in a motor vehicle. § 3424. Label: Required Content. A licensee shall not deliver to the premises of any on-sale or off-sale licensee, nor shall any on-sale or off-sal e licensee keep upon his premises any alcoholic beverage, unless th e container bears a label plainly indicating the kind and quant ity of the contents and the name of the manufacturer, rectifie r or wholesaler, and, in addition, in the case of distil led spirits, the proof strength. To the extent that any information is blown into COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 48 the glass of any container it shall constitute comp liance with this section. SOURCE: GC § 25322. § 3425. Alcoholic Solution. (a) Unlawful to manufacture, sell, etc. Penalty. I t shall be unlawful for any person, firm, or corporation to ma nufacture, sell, furnish, or give away, or offer to manufactur e, sell, furnish, or give away any alcoholic solution of a potable na ture contain- ing any deleterious or poisonous substance, and the burden of proof shall be upon the

away, or offer to manufactur e, sell, furnish, or give away any alcoholic solution of a potable na ture contain- ing any deleterious or poisonous substance, and the burden of proof shall be upon the person, firm or corporation manufacturing, selling, furnishing, or giving away, or offering to manufacture, sell, furnish, or give away, any such alcoholic solution of a potable nature containing any deleter ious or poisonous substance, to show that such alcoholic so lution of a potable nature did not contain any deleterious or p oisonous substance. (b) Every person who violates any of the provision s of this section is guilty of a misdemeanor. SOURCE: GC § 25322.5 added by P.L. 13-187:173. 2017 NOTE: Subsection designations added pursuant to the autho rity of 1 GCA § 1606. § 3426. Information to Purchaser. A licensee shall not offer for sale nor sell a diff erent brand or character of alcoholic beverage than requested b y the purchaser without first informing the purchaser of such difference. SOURCE: GC § 25323. § 3427. Container: Refill Prohibit. A licensee shall not refill any distilled spirits c ontainers with distilled spirits nor keep, offer for sale or sell distilled spirits

erence. SOURCE: GC § 25323. § 3427. Container: Refill Prohibit. A licensee shall not refill any distilled spirits c ontainers with distilled spirits nor keep, offer for sale or sell distilled spirits from a container that has been refilled. Im mediately upon emptying a container, a licensee shall destroy it. SOURCE: GC § 25324. § 3428. Same: Size Limited: On-Sale. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 49 A licensee shall not deliver to any on-sale license e nor shall any on-sale licensee have in his possession distill ed spirits in packages containing more than one gallon or less th an one ounce. SOURCE: GC § 25325. § 3429. Same: Same: Off-Sale. A licensee shall not deliver to any off-sale genera l licensee nor shall any off-sale licensee have in his possess ion or sell distilled spirits in packages containing more than one gallon or less than one ounce. SOURCE: GC § 25326. § 3430. Restrictions on Interests and Transactions Between Licenses. A manufacturer, agent or wholesaler of alcoholic be verages or any officer, director or agent of such persons s hall not: (a) Hold, directly or indirectly, to ownership of a ny interest in any on-sale or

nufacturer, agent or wholesaler of alcoholic be verages or any officer, director or agent of such persons s hall not: (a) Hold, directly or indirectly, to ownership of a ny interest in any on-sale or off-sale license. (b) Furnish, give or lend, directly or indirectly, any money or other thing of value to, nor guarantee the payment of any loan or the fulfillment of any financial obl igation of, any person engaged in operating, owning or maintain ing any on-sale or off-sale premises. (c) Furnish, give, lend, rent, or sell directly or indirectly any equipment, fixtures, or supplies oth er than alcoholic beverages, draught beer dispensers, or in door signs, and promotional gifts and supplies, in accor dance with regulation prescribed by the Board, to any per son engaged in operating, owning or maintaining any on- sale or off-sale premises. (d) Own, directly or indirectly, any interest in th e business, furniture, fixtures except indoor signs, or lease of any premises operated or maintained under an on-sal e or off-sale license or own, directly or indirectly, an y interest in land upon which on-sale or off-sale premises are ma intained COL1/24/202011 GCA FINANCE & TAXATION CH.

aintained under an on-sal e or off-sale license or own, directly or indirectly, an y interest in land upon which on-sale or off-sale premises are ma intained COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 50 unless the holding of such interest is permitted in accordance with regulations of the Board. (e) Deliver, directly or indirectly, the possession of any alcoholic beverages to any on-sale or off-sale lice nsee under an agreement of consignment whereby title to such alcoholic beverages is retained by the seller or wh ereby such licensee receiving such alcoholic beverages ha s the right at any time prior to sale to relinquish posse ssion to or return them to the original seller. (f) Give, directly or indirectly, to any on-sale or off- sale licensee or any other person any alcoholic bev erages as free goods as a part of any sale or transaction inv olving alcoholic beverages. (g) Give secret rebates or make any secret concessi ons to any on-sale or off-sale licensee. (h) Give or furnish, directly or indirectly, to any agent or employee of an on-sale or off-sale licensee, any thing of value for the purpose or with the intent to solicit , acquire or obtain

icensee. (h) Give or furnish, directly or indirectly, to any agent or employee of an on-sale or off-sale licensee, any thing of value for the purpose or with the intent to solicit , acquire or obtain the help or assistance of such agent or empl oyee to encourage or promote either the purchase or the sal e of the alcoholic beverages sold or manufactured by the lic ensee giving or furnishing him any such thing of value. (i) Knowingly discriminate, directly or indirectly, in the same trading area, in the price or any such bra nd of alcoholic beverages sold to different retail licens ees purchasing under like terms and conditions. (j) Credit or compensate an on-sale or off-sale lic ensee for advertising display or distribution service in connection with the advertising and sale of alcoholic beverage s. (k) Sell any alcoholic beverages to any on-sale or off- sale licensee without invoicing the vendee’s licens e number, or if the vendee is not required by law to hold a l icense, without indicating fully on the invoice the vendee’ s identity. SOURCE: GC § 25327 amended by P.L. 11-88. Subsection (c) a mended by P.L. 22-90:4 (3/3/94). § 3431.

required by law to hold a l icense, without indicating fully on the invoice the vendee’ s identity. SOURCE: GC § 25327 amended by P.L. 11-88. Subsection (c) a mended by P.L. 22-90:4 (3/3/94). § 3431. Restriction on Business Interests of Licens ees. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 51 An on-sale or off-sale licensee or any officer, dir ector, agent or employee of such licensee shall not hold, direct ly or indirectly, any interest in the business, license o r property of a manufacturer or wholesaler of alcoholic beverages. SOURCE: GC § 25328. § 3432. Stacking Drinks Prohibited. No on-sale licensee or agent thereof shall serve mo re than one drink at any one time to any individual; provid ed, however, that beer served with a drink of distilled spirits shall be considered a part of such drink. SOURCE: GC § 25329. § 3433. Consumption of Alcoholic Beverages by Licen sees and Employees While on Duty Prohibited. No employee, owner, manager or agent thereof of any licensed premises shall consume or be permitted to consume any alcoholic beverage while on duty on such premises. SOURCE: GC § 25330. § 3434.

ited. No employee, owner, manager or agent thereof of any licensed premises shall consume or be permitted to consume any alcoholic beverage while on duty on such premises. SOURCE: GC § 25330. § 3434. Size of Measuring Glass or Use of Measuring Instrument for Mixing Drinks Prescribed. General on-sale licensees shall use a full one (1) ounce measuring glass, or shall use an electronic measuri ng device approved by the Alcoholic Beverage Control Board, w hen mixing drinks at the bar. SOURCE: GC § 25331 as amended by P.L. 15-76:4. § 3435. Sale of Tax-Free Liquor Prohibited. It shall be unlawful for any general on-sale or off -sale licensee to sell or keep upon the licensed premises alcoholic beverages, taxes upon which have not been paid in a ccordance with the tax laws of Guam. SOURCE: GC § 25332. ---------- ARTICLE 5 COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 52 ADMINISTRATION § 3500. Board: Composition. § 3501. Same: Eligibility. § 3502. Same: Ineligibility. § 3503. Same: Disqualification and Removal of Membe r. § 3504. Same: Compensation. § 3505. Same: Employees. § 3506. Administrator. § 3507. Same: Appointment. § 3508. Same: Eligibility. § 3509.

ility. § 3503. Same: Disqualification and Removal of Membe r. § 3504. Same: Compensation. § 3505. Same: Employees. § 3506. Administrator. § 3507. Same: Appointment. § 3508. Same: Eligibility. § 3509. Same: Employees. § 3510. Board: Powers. § 3511. Same: Regulations. § 3512. Same: Hearings. § 3513. Same: Power to Require Records and Reports. § 3514. Same: Power to Prescribe Forms. § 3515. Same: Fees. § 3516. Board Meetings. § 3517. Same: Power to Administer Oaths. § 3518. Same: Records. § 3519. Administrator: Records. § 3500. Board: Composition. The Board shall consist of five members who shall b e appointed by the Governor with the advice and conse nt to the Guam Legislature. The Governor shall designate one of the members chairman. Three members shall be appointed for a term expiring June 30, 1950, and the remaining two membe rs for a term expiring June 30, 1951. Thereafter every appoi ntment shall be made for a term of two years, commencing from th e date of the expiration of the last preceding term. SOURCE: GC § 25400. CROSS-REFERENCES: See 5 GCA Chapter 43 for general laws governing the operation of boards and commissions, including this one. § 3501. Same: Eligibility.

the last preceding term. SOURCE: GC § 25400. CROSS-REFERENCES: See 5 GCA Chapter 43 for general laws governing the operation of boards and commissions, including this one. § 3501. Same: Eligibility. Except as provided in this Article, any citizen of the United States is eligible for membership on the Board. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 53 SOURCE: GC § 25401. § 3502. Same: Ineligibility. A person is ineligible for membership on the Board who: (a) Is or becomes interested, directly or indirectl y in any business involving the importation, manufacture or sale or alcoholic beverages. (b) Advocates, or is identified or connected with a ny organization or association which advocates prohibi tion. (c) Is an incumbent of elective office or presents himself as a candidate for election to a public off ice. (d) Is or undertakes to serve as an officer or comm ittee member of any political party or organization. (e) Has not reached the age of twenty-five (25) yea rs. SOURCE: GC § 25402. Subsection (f) repealed by P.L. 13-187 :174. § 3503. Same: Disqualification and Removal of Membe r.

party or organization. (e) Has not reached the age of twenty-five (25) yea rs. SOURCE: GC § 25402. Subsection (f) repealed by P.L. 13-187 :174. § 3503. Same: Disqualification and Removal of Membe r. The Governor shall remove any disqualified member whenever such disqualification shall appear. SOURCE: GC § 25403. § 3504. Same: Compensation. Every member of Board who is not in the service of the Government, for which he receives an annual compens ation, shall be paid Fifty Dollars ($50) per day for each day on which the Board meets, provided, however, that such compe nsation shall not exceed One Hundred Dollars ($100) per mon th. SOURCE: GC § 25404 amended by P.L. 15-148:9. § 3505. Same: Employees. The Board may employ and insofar as not fixed by se parate provision of law or regulation fix the salaries of secretarial and clerical help necessary for the exercise of its pow ers and the performance of its duties. SOURCE: GC § 25405. § 3506. Administrator. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 54 The office of the Administrator shall be separate f rom the Board and the Administrator and his employees shall not be members or employees of the Board while

TION CH. 3 ALCOHOLIC BEVERAGE CONTROL 54 The office of the Administrator shall be separate f rom the Board and the Administrator and his employees shall not be members or employees of the Board while serving in the office of the Administrator. SOURCE: GC § 25406. § 3507. Same: Appointment. The Governor shall appoint the Administrator and in sofar as not fixed by separate provision of law or regulatio n shall have the power to fix his salary. SOURCE: GC § 25407. § 3508. Same: Eligibility. Any citizen of the United States is eligible as Adm inistrator who: (a) Is not interested, directly or indirectly, in a ny business involving the importation, manufacture or sale of alcoholic beverages. (b) Does not advocate nor is identified, or connect ed with any organization or association which advocate s prohibition. (c) Has reached the age of twenty-five (25) years. (d) Is not or does not undertake to serve as an off icer or committee member of any political party or organiza tion. SOURCE: GC § 25408. Subsection (e) repealed by P.L. 13-187 :75. § 3509. Same: Employees. The Administrator may employ, and insofar as not fi xed by separate provision of law or regulation, fix the sa laries of

§ 25408. Subsection (e) repealed by P.L. 13-187 :75. § 3509. Same: Employees. The Administrator may employ, and insofar as not fi xed by separate provision of law or regulation, fix the sa laries of inspectors, and secretarial and clerical help neces sary for him to exercise his powers and perform his duties. SOURCE: GC § 25409 § 3510. Board: Powers. The Board shall have the power to license the impor tation, manufacture and sale of alcoholic beverages and to suspend, revoke or reinstate such licenses. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 55 SOURCE: GC § 25410 § 3511. Same: Regulations. The Board shall make regulations, not inconsistent with the provisions of this Chapter, and amend or repeal the m, as it deems necessary to carry out the intent of the prov isions of this Chapter and to enable it to exercise the powers and perform the duties conferred upon it. SOURCE: GC § 25411. § 3512. Same: Hearings. The Board shall conduct proceedings on any hearing required under the provisions of this Chapter in ac cordance with the provisions of the Administrative Adjudication A ct and shall have all of the powers granted in such Act. SOURCE: GC § 25412.

ring required under the provisions of this Chapter in ac cordance with the provisions of the Administrative Adjudication A ct and shall have all of the powers granted in such Act. SOURCE: GC § 25412. § 3513. Same: Power to Require Records and Reports. The Board shall have the power to prescribe the cha racter and manner of keeping books and records by licensee s, and the powers to require such reports from licensees, comm on and private carriers and other persons as necessary to enable the Board to exercise its powers and perform its duties . SOURCE: GC § 25413. § 3514. Same: Power to Prescribe Forms. The Board shall prescribe the form of all applicati ons for licenses or renewal of licenses and other papers it shall require including verification, and the information to be c ontained in such applications and other papers. It shall prescr ibe the place for posting licenses by licensees and the condition s under which duplicate licenses shall be issued, which the Board may issue for a fee of one dollar ($1.00) each. SOURCE: GC § 25414. § 3515. Same: Fees. The Board shall cause all fees received to be paid into the Treasury.

licenses shall be issued, which the Board may issue for a fee of one dollar ($1.00) each. SOURCE: GC § 25414. § 3515. Same: Fees. The Board shall cause all fees received to be paid into the Treasury. In the event the Board denies a license, it shall cause one-fourth ( 3) of the fee to be paid into the Treasury for costs of COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 56 investigation of the applicant or premises and the remainder of the fee to be returned to the applicant. A person w hose license is suspended or revoked is not entitled to return of a ny portion of the fee. SOURCE: GC § 25415. § 3516. Board Meetings. A majority of all the members of the Board shall co nstitute a quorum for the transaction of business, but the a ffirmative vote of a majority of all of the members shall be necess ary to determine any matter before it. SOURCE: GC § 25416. § 3517. Same: Power to Administer Oaths. The members of the Board, the Administrator and the persons employed by the Board and the Administrator for the administration and enforcement of the provisions of the Chapter shall have the authority to administer and certify oaths in the administration and

employed by the Board and the Administrator for the administration and enforcement of the provisions of the Chapter shall have the authority to administer and certify oaths in the administration and enforcement of this Chapter. SOURCE: GC § 25417. § 3518. Same: Records. The Board shall cause complete records to be kept, of all its meetings, proceedings and business, including the n umber, class and kind of licenses issued, denied, suspended and revoked, moneys received and disbursed and the number, kind and disposition of seizures, which records shall be ope n to public examination. Within thirty (30) days after the clos e of each fiscal year the Board shall render a report to the Governo r with a copy to the Director of Revenue and Taxation of all of i ts activities for the preceding year based upon such records. SOURCE: GC § 25418. § 3519. Administrator: Records. The Administrator shall keep complete records of hi s activities, including the number, class and kind of licenses temporarily suspended by him, and the number, kind, and disposition of all seizures by him. Within thirty ( 30) days after the end of the fiscal year, the Administrator shall render a report COL1/24/202011

arily suspended by him, and the number, kind, and disposition of all seizures by him. Within thirty ( 30) days after the end of the fiscal year, the Administrator shall render a report COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 57 of the Governor, sending a copy to the Board, of hi s activities as shown by his records. SOURCE: GC § 25419. ---------- ARTICLE 6 ENFORCEMENT § 3600. Enforcement Powers. § 3601. Inspections. § 3602. Seizure. § 3603. Same: Report. § 3604. Same: Forfeiture. § 3605. Same: Same. § 3606. Same: Release and Return. § 3607. Destruction of Property Forfeited. § 3608. Disposition of Property Seized: Beverages. § 3609. Same: Stills and Supplies. § 3610. Same: Vehicles. § 3611. Revocation or Suspension of License: Ground s. § 3612. Same: Temporary. § 3613. Same: Hearing. § 3614. Same: Same. § 3615. Same: Accusation. § 3616. Criminal Prosecution. § 3617. Penalty. § 3618. Same: Officials. § 3619. Same: Minors. § 3600. Enforcement Powers. Every member of the Board, the Administrator and ev ery inspector shall have all of the powers of peace off icers in the enforcement of the provisions of this Chapter, the regulations of the Board adopted

member of the Board, the Administrator and ev ery inspector shall have all of the powers of peace off icers in the enforcement of the provisions of this Chapter, the regulations of the Board adopted under the provisions of this Chap ter and any other penal provision of law prohibiting or regulat ing the sale, exposing for sale, use, possession, giving away, ad ulterating, diluting, misbranding, and mislabeling of alcoholic beverages. SOURCE: GC § 25500. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 58 § 3601. Inspections. Every member of the Board, Administrator and every inspector shall have the right at all times, withou t notice and without legal process, to visit and have immediate access to every part of the premises of every licensee for th e purpose of making an examination or inspection of the alcoholi c beverages, books and records, the manner of conducting the bus iness and the premises of the licensee. SOURCE: GC § 25501. 2017 NOTE: The following sentence was removed due to the rep eal of GC § 19566.0102 by P.L. 006-094 (Mar. 21, 1962). With regard to alcoholic beverages placed in a ware house under bond, the right to visit and to have access t

ntence was removed due to the rep eal of GC § 19566.0102 by P.L. 006-094 (Mar. 21, 1962). With regard to alcoholic beverages placed in a ware house under bond, the right to visit and to have access t o such warehouse for the purpose of examination or inspect ion of alcoholic beverages shall be exercised in accord wi th subsection 19566.0102, Government Code of Guam. NOTE: § 19566.0102 was repealed by P.L. 6-94 in 1962. § 3602. Seizure. Every member of the Board, the Administrator and ev ery inspector shall have the power to seize and hold wi thout legal process until an order of disposition is made by th e court, the following: (a) Any alcoholic beverages manufactured in Guam by any person other than a licensed manufacturer regar dless of where found. (b) Any stills, materials, or supplies capable of a nd intended for use in manufacture of alcoholic bevera ges without license. (c) Any alcoholic beverages imported, possessed or owned in violation of the provisions in this Chapte r. (d) Any alcoholic beverages adulterated, diluted, misbranded or mislabeled and any distilled spirit c ontainers which have been refilled with distilled spirits.

on of the provisions in this Chapte r. (d) Any alcoholic beverages adulterated, diluted, misbranded or mislabeled and any distilled spirit c ontainers which have been refilled with distilled spirits. (e) Any vehicles used to carry or conceal any alcoh olic beverages which are subject to seizure. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 59 SOURCE: GC § 25502. § 3603. Same: Report. Every person who seizes any alcoholic beverages, ve hicles or other property subject to seizure under the prov isions of this Article shall file without delay a written report o f the seizure with the Attorney General, with notice to the Board . SOURCE: GC § 25503. NOTE: Reference to Island Attorney removed as a function s of that office are now performed by the Attorney General. S ee 5 GCA Chapter 30. § 3604. Same: Forfeiture. Upon receiving a written report of the seizure of a lcoholic beverages, vehicles or other property subject to se izure under the provisions of this Article the Attorney General sha ll institute proceedings in the Superior Court and have the seiz ed property declared forfeited to the government. SOURCE: GC § 25504.

re under the provisions of this Article the Attorney General sha ll institute proceedings in the Superior Court and have the seiz ed property declared forfeited to the government. SOURCE: GC § 25504. NOTE: Reference to Island Attorney removed, and Island c hanged to Superior Court, to conform with current designation . § 3605. Same: Same. Upon a finding by the court that any alcoholic beve rages, vehicles or other property were seized in accordanc e with the provisions of this Article, the court shall adjudge to seized property forfeited to the government. In the event a vehicle subject to seizure is found to have been used witho ut the knowledge or consent of the owner it shall not be f orfeited. The burden is on the owner of the vehicle to show lack of knowledge or consent. SOURCE: GC § 25505. § 3606. Same: Release and Return. Upon a finding that any alcoholic beverages, vehicl es or other property were erroneously or illegally seized , the court shall order the seized property released and return ed to the person from whom the property was seized. SOURCE: GC § 25506. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 60 § 3607.

order the seized property released and return ed to the person from whom the property was seized. SOURCE: GC § 25506. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 60 § 3607. Destruction of Property Forfeited. The court shall order destroyed all alcoholic bever ages forfeited by reason of adulteration, dilution or ma nufacture in Guam by other than a licensed manufacturer and dist illed spirits in a container that has been refilled. SOURCE: GC § 25507. § 3608. Disposition of Property Seized: Beverages. The court shall order the disposition of all alcoho lic beverages other than those specified in § 3607 by t ransfer to a government agency, department or institution reques ting such alcoholic beverages for industrial, medicinal or sc ientific use, by public sale or by destruction. A government agency, department or institution may file with the court a request fo r any forfeited alcoholic beverages and the court shall not order o ther disposition of the alcoholic beverages requested un til the request has been filled. SOURCE: GC § 25508. § 3609. Same: Stills and Supplies.

ed alcoholic beverages and the court shall not order o ther disposition of the alcoholic beverages requested un til the request has been filled. SOURCE: GC § 25508. § 3609. Same: Stills and Supplies. The court shall order the disposition of any forfei ted stills, materials and supplies by public sale or destructio n. SOURCE: GC § 25509. § 3610. Same: Vehicles. The court shall order the disposition of any forfei ted vehicles by transfer to any government agency, depa rtment or institution requesting such vehicles and in the abs ence of any such request, by public sale. SOURCE: GC § 25510. § 3611. Revocation or Suspension of License: Ground s. A license of any class may be suspended or revoked on any of the following grounds: (a) the continuation of a license would be contrary to the public interest. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 61 (b) The violation, causing or permitting of a viola tion of, or failure or refusal by a licensee to comply w ith: (1) Any provision of this Chapter. (2) Any regulation of the Board adopted under the provisions of this Chapter.

or permitting of a viola tion of, or failure or refusal by a licensee to comply w ith: (1) Any provision of this Chapter. (2) Any regulation of the Board adopted under the provisions of this Chapter. (3) Any other penal provisions of the laws of Guam or of the United States applicable to Guam prohibiting or regulating the sale, exposing for sa le, use, possession, giving away, adulterating, dilutin g, misbranding or mislabeling of alcoholic beverages. (c) The misrepresentation of a material fact by any applicant in obtaining or renewing any license. (d) The plea, verdict or judgment of guilty to any public offense involving moral turpitude. SOURCE: GC § 25511. § 3612. Same: Temporary. Upon the filing of a sworn written report with the Administrator by an inspector setting forth grounds for the suspension or revocation of a license, the Administ rator may temporarily suspend any license pending a regular h earing by the Board. No temporary suspension by the Administrator shall exceed forty-eight (48) hours. The Administrator sh all upon temporarily suspending a license immediately notify the Board in writing of his action and transmit to the Board the report of the inspector,

eed forty-eight (48) hours. The Administrator sh all upon temporarily suspending a license immediately notify the Board in writing of his action and transmit to the Board the report of the inspector, including the names of all the witne sses. SOURCE: GC § 25512. § 3613. Same: Hearing. (a) The Board, upon receipt of the report required in § 3612, shall, as soon as practicable, hold a hearing on such report. (b) (1) The Board shall impose a penalty on a lice nsee found guilty of violating any of the provisions of this Chapter amounting to One Thousand Five Hundred Doll ars ($1,500.00) for the first offense; Two Thousand Fiv e Hundred Dollars ($2,500.00) for the second offense; and COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 62 Three Thousand Five Hundred Dollars ($3,500.00) for the third offense. For the fourth offense, the Board ma y impose a penalty of up to Ten Thousand Dollars ($10,000.00 ), but not less than Five Thousand Dollars ($5,000.00), an d a forty-eight hour suspension for every subsequent of fense. (2) Contingent on the severity of any violation, th e Board may use its discretion and suspend or revoke the license of any licensee found guilty

-eight hour suspension for every subsequent of fense. (2) Contingent on the severity of any violation, th e Board may use its discretion and suspend or revoke the license of any licensee found guilty of violating a ny of the provisions of this Chapter. (c) In addition to the fines in Subsection (b) of t his Section, the Board shall suspend, for a period of n ot less than thirty days and no more than ninety days, the licen se of any licensee found guilty of violating §3413 of this Ch apter as a second offense. The Board shall revoke the license of any licensee found guilty of violating § 3413 of this C hapter as a third offense. (d) The Board shall suspend an Alcohol Employee’s license for seven days for a first offense of § 323 1(c) and (d), and/or § 3230, of this Chapter; a suspension of an Alcohol Employee’s license for fourteen days and a One Hund red Fifty Dollar ($150) fine for a second offense; and revoca tion of an Alcohol Employee’s license for the third offense. SOURCE: GC § 25513. Amended by P.L. 29-002:V:I:5 (May 18, 2007); P.L. 30-155:1 (July. 8, 2010); and P.L. 32-051:6 (J uly 5, 2013).

revoca tion of an Alcohol Employee’s license for the third offense. SOURCE: GC § 25513. Amended by P.L. 29-002:V:I:5 (May 18, 2007); P.L. 30-155:1 (July. 8, 2010); and P.L. 32-051:6 (J uly 5, 2013). 2017 NOTE: Subsection/subitem designations added/altered pursu ant to the authority of 1 GCA § 1606 § 3614. Same: Same. In the event the Administrator fails or refuses to suspend or revoke a license within five (5) days after the fil ing of a written report with the Administrator, the Board may hold a hearing on such report and may suspend or revoke any license. SOURCE: GC § 25514. § 3615. Same: Accusation. Without reference to the Administrator, any person may file an accusation with the Board against any licensee s etting forth a ground for suspending or revoking a license. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 63 SOURCE: GC § 25515. § 3616. Criminal Prosecution. The criminal prosecution of any person under the pr ovisions of this Chapter shall be in addition to, and indepe ndent of the power of the Board and Administrator, to suspend or revoke any license. SOURCE: GC § 25516. § 3617. Penalty.

son under the pr ovisions of this Chapter shall be in addition to, and indepe ndent of the power of the Board and Administrator, to suspend or revoke any license. SOURCE: GC § 25516. § 3617. Penalty. Every person who violates, causes or permits to be violated, or fails or refuses to comply with any provision of this Chapter or any order or regulation of the Board not inconsi stent with the provisions of this Chapter, for which a specific pe nalty is not otherwise provided, is guilty of a misdemeanor. SOURCE: GC § 25517 as amended by P.L. 13-187:176. § 3618. Same: Officials. Any member or employee of the Board, the Administra tor or any employee of the Administrator or any member of the police who disposes of any alcoholic beverages or o ther property seized under this Chapter in any manner other than as directed by an order of the court on the provisions of this Chapter, is guilty of a misdemeanor. In addition, he shall be l iable to the government in a civil action. SOURCE: GC § 25518 as amended by P.L. 13-187:177. § 3619. Same: Minors. Any person under the age of twenty-one (21) years purchasing or consuming alcoholic beverages or in p ossession thereof shall be guilty of a

25518 as amended by P.L. 13-187:177. § 3619. Same: Minors. Any person under the age of twenty-one (21) years purchasing or consuming alcoholic beverages or in p ossession thereof shall be guilty of a petty misdemeanor. Th is provision, with regards to possession of alcoholic beverages, does not apply to persons eighteen (18) to twenty (20) years of ag e who are performing paid work for and on behalf of a license d establishment that provides alcohol. For purposes of this Section, ‘provide’ means various methods of distrib ution or retrieval, including, but not limited to, selling, serving, or transporting alcoholic beverages. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 64 SOURCE: GC § 25519 as amended by P.L. 10-23, P.L. 11-144, P.L. 13- 187:178 and P.L. 30-156:5 (July 8, 2010). ---------- ARTICLE 7 PROHIBITIONS ON IMPORTATIONS § 3701. Who May Import. § 3702. Prohibitions. § 3702.1. Sale of Caffeinated Malt Beverages. § 3703. Penalty. § 3701. Who May Import. Alcoholic beverages may be brought into Guam from without Guam for delivery or use within Guam only w hen the alcoholic beverages are consigned to a licensed who lesaler. SOURCE: GC § 25600.

Import. Alcoholic beverages may be brought into Guam from without Guam for delivery or use within Guam only w hen the alcoholic beverages are consigned to a licensed who lesaler. SOURCE: GC § 25600. 2017 NOTE: References to 'territory' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. § 3702. Prohibitions. The transportation or importation into Guam for del ivery or use in Guam of alcoholic beverages without payment of the tax provided by Chapter 26, Article 3, of this Code, or contrary to the provisions of § 3701, is hereby prohibited. SOURCE: GC § 25601. References to 'Territory' removed and/or altered to 'Guam' pursuant to 1 GCA § 420. NOTE: See Government of Guam ex. rel. Camacho v. Bird (1968), 398 F.2d 293. § 3702.1. Sale of Caffeinated Malt Beverages. No caffeinated malt beverages may be imported, prod uced, manufactured, distributed, or sold at any retail ou tlet on Guam. SOURCE: Added by P.L. 31-101:2 (Sept. 30, 2011), effective (1) month from the date of enactment pursuant to P.L. 31-101: 2. § 3703. Penalty. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 65 Whoever transports or imports into Guam for deliver y or use in Guam alcoholic

t pursuant to P.L. 31-101: 2. § 3703. Penalty. COL1/24/202011 GCA FINANCE & TAXATION CH. 3 ALCOHOLIC BEVERAGE CONTROL 65 Whoever transports or imports into Guam for deliver y or use in Guam alcoholic beverages in violation of thi s Article shall be guilty of a misdemeanor and may be fined not mor e than ten thousand dollars ($10,000.00). SOURCE: GC § 25602 is amended by P.L. 13-187:179. NOTE: All references in this Title to ‘Director of Finan ce’ and ‘Department of Finance’ shall mean ‘Director of Rev enue and Taxation’ and ‘Department of Revenue and Taxation’ by authori ty of P.L. 9-288, effective August 7, 1968; ‘Director of Medical Serv ices’ and ‘Department of Medical Services’ changed to ‘Direct or of Public Health and Welfare’ and ‘Department of Public Health and W elfare’ by P.L. 7- 101, effective July 11, 1964. ‘Director’ and ‘Depar tment of Public Health and Welfare’ changed to ‘Director’ and ‘Department of Public Health and Social Services’ by P.L. 9-147, effective February 16, 1968. ---------- COL1/24/2020