Chapter 76

COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 1CHAPTER 76 SERVICE LICENSES Article 1. General Class. Article 2. Special Service Classes. Article 3. Tourist Licenses. Article 4. Professional Licenses. Article 5. [Foreign] Traders. ARTICLE 1 GENERAL CLASS § 76101. License Required. § 76102. Temporary Se rvice Licenses. § 76103. Exemption. § 76104. Application § 76105. Content of Application. § 76101. License Required. Every person engaged in or carrying on any service business or calling, which shall include all non -professional activities engaged in for other persons for consideration, involving the rendering of a service as distinguished from the production or sale of tangible property, but not including the services rendered by an employee to his employer, shall be required annually to obtain a service license. The annual fee for a service license shall be Fifty Dollars ($50.00) except that the fee shall be Ten Dollars ($10.00) for any person who rents or leases not more than one fa mily–residential unit. (a) Any person who r ents or leases unimproved re al property to another party shall be required to obtain a service license annually.

who rents or leases not more than one fa mily–residential unit. (a) Any person who r ents or leases unimproved re al property to another party shall be required to obtain a service license annually. The fee for this license shall be One Hundred Dollars ($100.00). (b) Any person who rents or leases multiple residential rental units shall be required to obtain an annua l service license. The fee for this license shall be Twenty -five Dollars ($25.00), or Five Dollars ($5.00) per rental unit, whichever is greater. (c) Any person who rents or leases commercial office units shall be required to obtain an annual service lice nse.The fee for this license is Five Dollars ($5.00) for each commercial office unit. COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 2(d) Any person who rents or leases hotel or motel rooms shall be required to obtain an annual service license. The fee for this license is Five Dollars ($5.00) for ea ch unit or room rented in a hotel or motel. (e)Any person who rents or leases warehouse storage space shall be required to obtain an annual service license. The fee for this license shall be Two Hundred Dollars ($200.00).

in a hotel or motel. (e)Any person who rents or leases warehouse storage space shall be required to obtain an annual service license. The fee for this license shall be Two Hundred Dollars ($200.00). For the purposes of this Section , person means any person, firm, partnership, association, corporation, company, syndicate, estate, trust, business trust or organization of any kind, or any branch or division thereof. SOURCE: GC § 1 6200 as amende d by P.L. 13 -55:1, P.L. 14 -42:1, P.L. 29 - 002:V:I:29 (May 18, 2007). § 76102. Tem porary Service Licenses. Licenses required by this Chapter may, upon application, be issued on a temporary basis for a period of not more than seven days. At the end of such period they shall expire and not be renewab le, notwithstanding any other provision of this Division. The fee for licenses issued under this section shall be $1.25 regardless of the quarter in which issued. SOURCE: GC § 1 6300.1 added by P.L. 5 -67 (3/14/60). § 76103. Exemption. Any person engaging i n or conducting a service business for which a license is required by provisions other than those contained in this Division, shall be exempt from the provisions of this Chapter.

ny person engaging i n or conducting a service business for which a license is required by provisions other than those contained in this Division, shall be exempt from the provisions of this Chapter. SOURCE: GC § 1 6201. § 76104. Application. Any person required herein to obta in a service license must make application therefor with the License Division, in the forma and manner required by the License Board. SOURCE: GC § 1 6202. § 76105. Content of Application. Each application must contain evidence of compliance with all of theconditions and prerequisites required by law, rule and regulation. Failure to show compliance with anyone or more of the required COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 3prerequisites is sufficient grounds on which to deny the issuance of the license or upon which to pass an order revoking a li cense. SOURCE: GC § 1 6203. ---------- ARTICLE 2 SPECIAL SERVICE CLASSES § 76201. Endorsements Required. § 76202. Application. § 76203. Barber’s Endorsements. § 76204. Amusement Endorsements. § 76205. Tattoo artist endorsements. § 76206. Contractor’s Endo rsements. [Repealed] § 76207. Agent’s and itinerant salesmen’s endorsements. § 76208.

’s Endorsements. § 76204. Amusement Endorsements. § 76205. Tattoo artist endorsements. § 76206. Contractor’s Endo rsements. [Repealed] § 76207. Agent’s and itinerant salesmen’s endorsements. § 76208. Electrician’s Endorsement. [Repealed] § 76209. Plumber’s Endorsement. [Repealed] § 76210. Engineer Endorsement. [Repealed] § 76211. Architect’s Endorsement. [Repealed] § 76212. Accountant’s Endorsement. [Repealed] § 76213. Private School Endorsements. § 76214. Taxicab license. § 76215. Notaries Public. § 76216. Cockfighting Licenses § 76217. Boxing Licenses. § 76218. Exception for Franchise Holders. § 76219. Insurance Law Exemption. § 76220. Recycling Redemption Center Endorsements. § 76221. Tour Operators and Tour Guides. § 76222. Requir ement of Publication of Rate Schedule . § 76223. Department of Revenue and Taxation to Administer . § 76224. Violations . § 76201. Endorsem ents Required. All applicants for service licenses to conduct the business of special classes provided in this Article are required to comply with all applicable laws, rules and regulations relative to general service licenses, and in addition thereto mus t obtain appropriate endorsements of cognizant government

icle are required to comply with all applicable laws, rules and regulations relative to general service licenses, and in addition thereto mus t obtain appropriate endorsements of cognizant government officials as provided herein for such special classes. Service COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 4Licenses for any of the special classes of businesses of this Article shall on the face ther eof indicate the class for which the licens e was issued. SOURCE: GC § 1 6205. § 76202. Application. Every person who applies for a service license of a specific class must so state in his application to the License Division, and file an application in the form required by the License Board. SOURCE: GC § 1 6206. § 76203. Barber’s Endorsements. Endorsements for barber shops must be obtained by any person who operates a business, or holds himself out, for the purpose of shaving, trimming or cutting the hair or beard of any person. Such required endorse ments are: (a) Health Certificate issued by the Department of Public Health & Social Services pertaining to the cleanliness and sanitation of the place of business; (b) Health Certificate from the Department of Public Health &

ficate issued by the Department of Public Health & Social Services pertaining to the cleanliness and sanitation of the place of business; (b) Health Certificate from the Department of Public Health & Socia l Services for each pers on employed and working in the place of business. SOURCE: GC § 1 6207; amended by P.L. 7 -101 (7/11/64). P.L. 9 -147 (2/16/68). § 76204. Amusement Endorsements. Endorsements for conduct ing a place of amusement must be obtained by any person who engages or o perates any business which offers to the public any amusement in whatever form, except boxing and cockfighting, whether an admission fee is charged or not. Such endorsements are: (a) Safety certificate issued by the Guam Fire Department pertaining to the o verall safety of the premises whereat the amuse - ment is offered. (b) Hea lth Certificate issued by the Department of Public Health & Social Services pertaining to the health and sanitary conditions of the place in which the amusement is offered. SOURCE: GC § 16208 amended by P.L. 7 -101 (7/11/64, P.L. 9 -239 (2/16/68).COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 5NOTE: Following the split of the Department of Public Safety into

SOURCE: GC § 16208 amended by P.L. 7 -101 (7/11/64, P.L. 9 -239 (2/16/68).COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 5NOTE: Following the split of the Department of Public Safety into separate Fire and Police Departments, the Fire Department has taken over the safety inspections required by this section. § 7620 5. Tattoo Artist Endorsements. Endorsements for tattoo artists must be obtained by any person who engages in the business of practicing any of the forms of tattoo artistry, or tattooing, or holds himself out as a tattoo artist in any way whatsoever. Such required endorsements are: (a) Health Certificate from the Department of Public Health & Socia l Ser vices pertaining to the health of each person employed in the business. (b) Health Certificate from the Department of Public Health & Socia l Services pertain ing to the health and sanitary conditions of the premises wherein the trade is practiced and of the method of keeping the instruments of the trade in a sanitary condition. SOURCE: GC § 1 6209 amended by P.L. 7 -101 (7/11/64), P.L. 9 -239 (2/16/68). § 76206. C ontractor’s Endorsements. [Repealed.] SOURCE: GC § 1 6210. Repealed by P.L. 14 -51:2.

in a sanitary condition. SOURCE: GC § 1 6209 amended by P.L. 7 -101 (7/11/64), P.L. 9 -239 (2/16/68). § 76206. C ontractor’s Endorsements. [Repealed.] SOURCE: GC § 1 6210. Repealed by P.L. 14 -51:2. Replaced by 21 GCA Chapter 70, Contractors. § 76207. Agent’s and Itinerant Salesmen’s Endorsements. Endorsements for agents and itinerant salesmen must be obtained by anyperson who holds himself out as an agent for others for the sale of tangible property, whether it be retain or wholesale, or by person who sell by sample or description for delivery at a later date from a place outside of Guam, the sale being conditioned on the acceptance of the order by the supplier. Such required endorsements are: (a) Certificate from the Department of Revenue & Taxation showing that such person has legally provided for service of process to be made upon him by filing with the Director o f Revenue & Taxation in the event such person may not personally be served within Guam; (b) Certificate from the Department of Law showing that such agent or salesman can produce evidence that he is the duly recog - nized representative of the supplier of ea ch of his products.COL 0307201111GCA FINANCE &TAXATION

epartment of Law showing that such agent or salesman can produce evidence that he is the duly recog - nized representative of the supplier of ea ch of his products.COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 6SOURCE: GC § 1 6211 as renumbered by P.L. 3 -65. § 76208. Electrician’s Endorsement. [Repealed.] SOURCE: GC § 1 6212; repealed by P.L. 14 -51:2. Replaced by 21 GCA Chapter 70, Contractors. § 76209. Plumber’s Endorsement. [Repealed.] SOURC E:GC § 1 6213; repealed by P.L. 14 -51:3. Replaced by 21 GCA Chapter 70, Contractors. § 76210. Engineer Endorsement. [Repealed.] § 76211. Architect’s Endorsement. [Repealed.] SOURCE: GC § 1 6213 and §16214; both repealed by P.L. 5 -131. See 22 GCA for repla cement Chapter dealing with Architects, Engineers and Land Surveyors. § 76212. Accountant’s Endorsement. [Repealed.] SOURCE: GC § 1 6215.1 added by P.L. 4 -44. Repealed by P.L. 9 -114. Replaced by Public Accountancy Law, reenacted by P.L. 20 -173 --to be fou nd in Title 22 GCA. § 76213. Private School Endorsements. Endorsements for private schools must be obtained by any person who enga ges in the business of conducting a private school for profit for the education or

GCA. § 76213. Private School Endorsements. Endorsements for private schools must be obtained by any person who enga ges in the business of conducting a private school for profit for the education or training of other persons in any field or course of whatever nature; provided, however, that all public schools are specially exempt therefrom. Such required endorsements are: (a) For elementary and secondary institutions: certification by the Department of Education that each person teaching, in structing or aiding in the teaching and instructing of such private school has the necessary training, experience and knowledge to qualify him to teach the particular subjects or courses which he desires to teach, as may be prescribed by the rules and regu lations pertaining thereto.COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 7(b) Health certificate from the Department of Public Health and Socia l Services pertaining to the health and sanitary conditions of the premises wherein the private school is to be conducted. (c) For post secondary private insti tutions and their agents corresponding with Guam State Education policies, endorsement from the DOE Superintendent must be

the private school is to be conducted. (c) For post secondary private insti tutions and their agents corresponding with Guam State Education policies, endorsement from the DOE Superintendent must be obtained in the verification of each person teaching or instructing having possessed a terminal degree from an accredited institutio n recognized by the United States Department of Education (USDOE) directly or through an affiliated institution, or is properly credentialed with the necessary experience and knowledge to teach a particular subject or course. (d)For post -secondary institu tions which seek to offer or confer any degree ordiploma, that the degrees ordiplomas offered areaccredited by an accrediting institution of the United States, directly orthrough an affiliated institution, recognized by the United States Department of Education (USDOE). Post -secondary institutions which seek to offer orconfer any degree ordiploma and arein the process of obtaining accreditation through a recognized USDOE accrediting body oris in the process of, orhas received accreditation from a non-sanctioned USDOE accrediting body shall disclose its accreditation status to each student upon the

a recognized USDOE accrediting body oris in the process of, orhas received accreditation from a non-sanctioned USDOE accrediting body shall disclose its accreditation status to each student upon the start of classes. The Department of Revenue and Taxation shall notissue any endorsements, business licenses, orcertificates of incorporation to such po st-secondary institutions without proper certification to operate on Guam issued by the Council of Post -secondary Institution Certification. (e) Excluded from obtaining endorsements under this section are: (1) Education solely avocational or recreational in nature; (2) A nonprofit institution owned, controlled and operated and ma intained by a bona fide church or religious denomination or religious organization if such education is limited to instruction in the principles of that church or denomination or organization or to courses offered for the purposes of training the adherents of such church or denomination in the care of the sick in accordance with its religious tenets and the diploma or degree is limited to COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 8evidence of completion of that education, a nd the meritorious

accordance with its religious tenets and the diploma or degree is limited to COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 8evidence of completion of that education, a nd the meritorious recognition upon which any honorary degree is conferred is limited to the principles of that church or denomination; (3)Postsecondary educational institutions established, operated and governed by the government of Guam; (4) Education s ponsored by a bona fide trade, business, professional or fraternal organization which is recognized by the regulator y body of that trade, business or profession and is solely for that organization’s membership; and (5) Institutions exclusively offering in struction at any or all levels from preschool through twelfth (12th) grade. SOURCE: GC § 16216 amended by P.L. 1 5-44 (enacted in 1979, effective 1980). Subsection (a) amended by P.L. 28 -068:IV:94 (a)(Sept. 30, 2005). Subsections (c)(d) and (e) added by P. L. 28 -068:IV:94 (b)(Sept. 30, 2005). Subsection (d) amended by P.L. 29 -155:2 (Jan. 30, 2009) as § 762113 (d). Renumbered by Compiler to harmoniously fit this chapter . NOTE: P.L.

nd (e) added by P. L. 28 -068:IV:94 (b)(Sept. 30, 2005). Subsection (d) amended by P.L. 29 -155:2 (Jan. 30, 2009) as § 762113 (d). Renumbered by Compiler to harmoniously fit this chapter . NOTE: P.L. 1 5-44:6 provided: The provisions of Sections 4 and 5 of this Act shall take effect July 1, 1980 with respect to licensure of institutions but the Accreditation Board shall meet and prepare regulations so that the licensure provisions may be fully effective as of July 1, 1980. 2009 NOTE: P.L. 28 -045:10 (June 6, 2005) changed the name of the Department of Education to the Guam Public School System. P .L. 30 -050:2 (July 14, 2009) reverted the name of the Guam Public School System to the Department of Educatio n. References to Guam Public School System have been changed to Department of Education pursuant to P.L. 30 -050:3. § 76214. Taxicab License. The licensing and control of taxicabs shall be under the provisions of 16 GCA Chapter 11, Taxicabs. SOURCE: GC § 1 6217, renumbered by P.L. 3 -65. § 76215. Notaries Public. The licensing an d control of Notaries Public shall be within the provisions of 5 GCA Chapter 33, Notaries Public . SOURCE: GC § 1 6218; renumbered by P.L. 3 -65.

.L. 3 -65. § 76215. Notaries Public. The licensing an d control of Notaries Public shall be within the provisions of 5 GCA Chapter 33, Notaries Public . SOURCE: GC § 1 6218; renumbered by P.L. 3 -65. § 76216. Cockfighting Licenses. COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 9The licensing and control of cockfighting shall be under the provisions of 22 GC A Chapter 39, Cockfighting. SOURCE: GC § 1 6219; renumbered by P.L. 3 -65. § 76217. Boxing Licenses. The licensing and control of boxing shall be under the provisions of 22 GCA Chapter 41, Boxing & Wrestling. SOURCE: GC § 1 6220; renumbered by P.L. 3 -65. § 76218. Exception for Franchise Holders. This title shall not apply to the holder of any franchise granted pursuant to [the law governing Public Transportation Franchises] [Gover nment Code Title XXII, Chapter IV]. SOURCE: GC § 1 6221, added by P.L. 4 -59. Eff ectively repealed. See Note at the beginning of 5 GCA Division 5, Public Works. § 76219. Insurance Law Exemption. Persons subject to licensure under the Insurance Law (22 GCA Chapter 15) are exempt from this Division. SOURCE: GC § 1 6222 added by P.L. 4 -102 (7/1/59) as §16221. §76220.

. Insurance Law Exemption. Persons subject to licensure under the Insurance Law (22 GCA Chapter 15) are exempt from this Division. SOURCE: GC § 1 6222 added by P.L. 4 -102 (7/1/59) as §16221. §76220. Recycling Redemption Center Endorsements. An endorsement for a Recycling Redemption Center must be obtained by any person who engages in the business of receiving recyclable products and remitting a portion of deposit fees to redeemers. Such required endorsement is subject to approval by the Guam Environmental Protection Agency, pursuant to Chapter 44 of Title 10 Guam Code Annotated. SOURCE: GC § 1 6223 added by P.L. 6 -101: amended by P.L. 7 -101; P.L. 9 -147. Repealed by P.L. 16-123:25. Replaced by 10 GCA Chapter 12, Medical Practices, where the practice of veterinary medicine is defined as an healing art .Added by P.L. 30 -221:3 (Dec. 30, 2010), effective, 180 calendar days, following effective date of the voluntary agreement provided in 10 GCA §44119 , pursuant to P.L. 30 - 221:4. § 76221. Tour Operators and Tour Guides. The listing and control of tour operators and tour guides shall be under the provisions of Title 11, Guam Code Annotated, (Chapter 76, Article 3,) Tour Operat ors

221. Tour Operators and Tour Guides. The listing and control of tour operators and tour guides shall be under the provisions of Title 11, Guam Code Annotated, (Chapter 76, Article 3,) Tour Operat ors and Tour Guides.COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 10SOURCE: Added by P.L. 23 -136:3. § 76222. Requirement of Publication of Rate Schedule. It is unlawful for any Tour Operators, and other tourist -related businesses engaged in the sale of tour accommodations, lodging, amusements and serv ices to: (1) fail to publish and post the highest rack/tourist rate schedule of tour attractions, lodging, amusements and services in the place wher e the attraction, lodging, amusement or service is conducted; (2) make any untrue statement of material fact or to omit to state a material fact necessary in order to make the tourist aware of the cost of such accommodations, lodging, amusements or services; and (3) engage in any act, practice or course of business which operates, or would operate, as a fraud or deceit upon any person. SOURCE: Added by P.L. 25 -109:2. § 76223. Department of Revenue and Taxation to Administer.

act, practice or course of business which operates, or would operate, as a fraud or deceit upon any person. SOURCE: Added by P.L. 25 -109:2. § 76223. Department of Revenue and Taxation to Administer. The Department of Revenue and Taxation is authorized to administer the implementation of the highest rack/tourist rate schedule required to be published pursuant to this Act. SOURCE: Added by P.L. 25 -109:3. § 76224. Violations. (a) The Department of Revenue and Taxation may, after proceeding in accordance with the Administrative Adjudica tion Act, order the suspension of the license of any t our operator and other tourist -related businesses of any such license for a period not to exceed six (6) months, for violation by the tour operator, and other tourist -related businesses of this Act. (b) In addition to the penalty which may be imposed pursu ant to Subsection (a) of this Section, the Department of Revenue and Taxation shall impose a fine of no less than Five Hundred Dollars ($500.00) for the first offense, and the fines for subsequent offenses shall not exceed One Thousand Dollars ($1,000.00) .COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 11(c) The revenues derived

0) for the first offense, and the fines for subsequent offenses shall not exceed One Thousand Dollars ($1,000.00) .COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 11(c) The revenues derived from fines collected under this Section shall be transferred to Guam Visitors Bureau for to tourist/community -related programs. SOURCE: Added by P.L. 25 -109:4. ---------- ARTICLE 3 TOUR OPERATORS AND TOUR GUIDES NOTE: Article 3 w as repealed and reenacted by P.L. 23 -136:4. § 76301. Definitions. § 76302. Additional Requirements for Tour Operators. § 76303. Requir ements for Tour Guides. § 76304. Guam Visitors Bureau to Administer. § 76305. Violations. § 76301. Definitions. As used i n this Chapter: (a)Tour Operator means any person who, for compensation of any kind, engages in a business as a tour guide as defined in this Section or who employs one or mor e tour guides. (b)Tour Guide means any person who, for compensation of any kind , undertakes to guide, direct, lead or conduct tours and who, while undertaking such duties, explains to or informs the tourists of the history and culture of Guam, or directs the tourists to scenic, cultural or historic sites on Guam or leads tour

urs and who, while undertaking such duties, explains to or informs the tourists of the history and culture of Guam, or directs the tourists to scenic, cultural or historic sites on Guam or leads tour groups while the same are on conducted shopping tours of Guam. This definition shall not include a person whose sole occupation is to drive a tour bus or other tour vehicle, but who does not actually engage in any of the activities described above. However, this definition shall include a person driving a tour vehicle on a con ducted tour if the person is the only non -tourist on the vehicle. SOURCE: GC § 1 6204 added by P.L. 13 -55:2. Unless otherwise noted, all source references will be to P.L. 13 -55:2. Repealed an d reenacted by P.L. 23 -136:4. § 76302. Additional Requirements for Tour Operators. In addition to paying the fee required by § 76101, all persons engaging in business as tour operators must, at the time of application or COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 12renewal of licensing, submit certi fication of eligibility issued by the Guam Visitors Bureau that all tour guides under his or her employ have undergone training and passed the necessary

LICENSES 12renewal of licensing, submit certi fication of eligibility issued by the Guam Visitors Bureau that all tour guides under his or her employ have undergone training and passed the necessary examinations covering history, culture, and historic landmarks of Guam administered by the Guam Visitor s Bureau. SOURCE: GC § 1 6204.1. Repealed and Reenacted by P.L. 23 -136:4. § 76303. Requirements for Tour Guides. (a)Any person perform ing services as a tour guide must produce evidence of having been certified by the Guam Visitors Bureau, as having passe d the training program and examination provided for herein covering the history, culture, historic landmarks and other related information of Guam. Any person applying for a tour guide certification for the first time within sixty (60) days after the effec tive date of this Act may be issued one (1) temporary identification badge which shall be valid for a period not to exceed one hundred eighty (180) days, or as deter mined by the Guam Visitors Bureau. (b)No tour guide certification of eligibility shall be issued to any person who has been convicted of: (1) a crime involving moral turpitude; (2) a crime involving the use of

he Guam Visitors Bureau. (b)No tour guide certification of eligibility shall be issued to any person who has been convicted of: (1) a crime involving moral turpitude; (2) a crime involving the use of controlled substances, as defined in Chapter 67 of Title 9, Guam Code Annotated; (3) the illegal use or possession of a firearm, as defi ned in §80.37 of Title 9, Guam Code Annotated and Chapter 60 of Title 10, Guam Code Annotated; or (4) a crime of violence, as defined in Chapters 16, 19, 22, 25, and 40 of Title 9, Guam Code Annotated. (c) No new examination upon the subjects referred to i n this Section may be r equir ed of a certified tour guide until three (3) years have elapsed from the date of taking the previous examination. SOURCE: GC § 1 6204.2. § 76304. Guam Visitors Bureau to Administer. (a) The Guam Visitors Bureau is authorized to develop, write and administer the examination for tour guides required by § 76303 of this Article. Upon passing the examination to its satisfaction, the Guam Visitors Bureau shall certify the examinee as having completed the training program by the issuanc e of a certification of eligibility and identification badge.

mination to its satisfaction, the Guam Visitors Bureau shall certify the examinee as having completed the training program by the issuanc e of a certification of eligibility and identification badge. The Guam Visitors Bureau shall promulgate such COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 13rules and regulations as may be necessary to carry out the purposes of this Act within six (6) months after the enactment of this act. (b) The Guam Visitors Bureau, subject to the Administrative Adjudication Act, shall promulgate rules and regulations to govern the standard of conduct of all tour guides. The standards of conduct shall b e designed with the intent of insuring that certified tour guides do not act in such a manner as to bring discredit upon Guam, its people and its businesses. SOURCE: GC 16204.3 added by P.L. 13 -55:2; as amended by P.L.13 -187:123. Repealed and reenacted by P.L. 23 -136:4. § 76305. Violations. (a) The Department of Revenu e and Taxation may, after proceeding in accordance with the Administrative Adjudica tion Act, order the revocation of the license of any tour operator or the suspension of any such license for a period not to exceed one (1) year,

eeding in accordance with the Administrative Adjudica tion Act, order the revocation of the license of any tour operator or the suspension of any such license for a period not to exceed one (1) year, for violation by the tour operator of this Chapter or any of the rules and regulations or standards of conduct promulgated by the Guam Visitors Bureau. Any person whose license has been revoked by the Department of Revenue and Taxation shall not be eligible to reapply for the same class of license until a year has elapsed from the date of revocation as deter mined by the Department of Revenue and Taxation. Upon such reapplica tion the applicant shall be treated as a new applicant except that he shall not be eligible for a temporary license. (b) The Department of Revenue and Taxation may, after proceeding in accordance with the Administrative Adjudication Act, order the revocation of the certification of eligibility and identification badge of any tour guide or the suspension of any s uch certification of eligibility and identification badge for a period not to exceed one (1) year, for violation by the tour guide of this Chapter or any of the rules and regulations or standards of

uch certification of eligibility and identification badge for a period not to exceed one (1) year, for violation by the tour guide of this Chapter or any of the rules and regulations or standards of conduct promulgated by the Guam Visitors Bureau. Any pers on whose certification of eligibility and identification badge has been revoked by the Department of Revenue and Taxation shall not be eligible to reapply for the same certification of eligibility and identification badge until a year has elapsed from the date of revocation as determined by the Department of Revenue and Taxation. Upon such reapplication the applicant shall be treated as a new applicant except that COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 14he or she shall not be eligible for a temporary certification of eligibility or identification badge. (c) Any person who uses, attempts to use or has in his or her possession with intent to use, any tour guide certification of eligibility or identification badge not issued to him or, if such certification of eligibility or identification badge issu ed to him was issued on account of misrepresentation to the Guam Visitors Bureau or to the Department of Revenue

ot issued to him or, if such certification of eligibility or identification badge issu ed to him was issued on account of misrepresentation to the Guam Visitors Bureau or to the Department of Revenue and Taxation, shall be punishable by a fine no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) f or the first offense, and the fines for subsequent offenses shall not exceed Ten Thousand Dollars ($10,000.00). (d) Any person who photographs, photostats, duplicates or in any way reproduces any certification of eligibility or identification badge or facsimile thereof in such a manner that it could be mistaken for such a certification of eligibility or identification badge, or displays or has in his or her possession any such photograph, duplicate, reproduction or facsimile unless authorized by the provisi ons of this Title, shall be punishable by a fine no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense, and the fines for subsequent offenses shall not exceed Ten Thousand Dollars ($10,000.00 ).

n One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense, and the fines for subsequent offenses shall not exceed Ten Thousand Dollars ($10,000.00 ). (e) The certified tour guide shall have his or her identification badge issued by the Guam Visitors Bureau in his or her immediate possession at all times when undertaking any activities listed under the definition of a tour guide pursuant to § 76301 of this Article and display such identification badge upon demand of a member of the Guam Police or any peace officer or other authorized personnel enforcing the provisions of this Title. Any charge under this Subsection shall be dismissed when the person so charged produces in court a certification of eligibility duly issued to such person and valid at the time of his or her arrest. (f) In addition to the penalties set forth in this Section, a tour operator or any other person who knowingly employs a tour gu ide who is not properly certified and licensed in accordance with this Chapter shall be punishable by a fine of no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense,

d and licensed in accordance with this Chapter shall be punishable by a fine of no less than One Thousand Dollars ($1,000.00) nor greater than Five Thousand Dollars ($5,000.00) for the first offense, and the fines for subseq uent offenses shall not exceed T en Thousand Dollars ($10,000.00).COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 15SOURCE: GC 16204.4. ---------- ARTICLE 4 PROFESSIONAL LICENSES § 76401. Medical Licenses. § 76402. Attor ney’s Licenses. § 76403. Accountant’s Licenses. [Repealed] § 76404. Engineer ’s, Archit ect’s and Land Surveyor’s licenses. § 76401. Medical Licenses. The licensing and control and con trol of all phases of the practice of medicine or its related pursuits shall be within the provisions of 10 GCA Chapter 12, Medical Practice . SOURCE: GC § 1 6300. § 76402. Attorney’s Licenses. The licensing and control of the legal profession shall be within the provisions of 7 GCA Chapter s9and 9A. SOURCE: GC § 1 6301. COMMENT :7 GCA § 9101 (P.L. 21 -147:2 (Jan. 14, 1993) transferred authority over attorney adm ission to the Supreme Court. This authority is now contained in the Organic Act at 48 U.S.C. § 1424 -1(a)(7) (U.S.P.L. 108 -378 (Oct.

21 -147:2 (Jan. 14, 1993) transferred authority over attorney adm ission to the Supreme Court. This authority is now contained in the Organic Act at 48 U.S.C. § 1424 -1(a)(7) (U.S.P.L. 108 -378 (Oct. 30, 2004)). See the Supreme Court of Guam Rules Governing Admission to the Practice of Law, Supreme Court of Guam Rules fo rthe Discipline of Attorneys and the Guam Rules of Professional Conduct. § 76403. Accountant’s Licenses. [Repealed.] SOURCE: GC 16302 repealed by P.L. 5 -55 (1/27/60). Replaced by 22 GCA Chapter 35, Public Accountancy . § 76404. Engineer’s, Architect’s and L and Surveyor’s Licenses. The licensing and control of all phases of professional engineering, architecture and land surveying shall be within the provisions of 22 GCA Chapter 32, Architects, Engineers & Land Surveyors. SOURCE: GC § 1 6505 added by P.L. 5 -131 (8/29/60). ----------COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 16ARTICLE 5 [FOREIGN ]TRADERS § 76501. Definitions. § 76502. [Foreign] Traders exempted from Division. § 76503. Trader’s Certificate Requirements; Issuance. § 76504. Parts of Foreign Corporation Law Not Applicable. § 76505. Service L icense Required. § 76501. Definitions.

aders exempted from Division. § 76503. Trader’s Certificate Requirements; Issuance. § 76504. Parts of Foreign Corporation Law Not Applicable. § 76505. Service L icense Required. § 76501. Definitions. The ter ms used in this Article shall have the same meaning as set forth in 5 GCA §70401 [GC §47410], as it may from time to time be amended. SOURCE: GC § 1 6350 added by P.L. 15 -40:4. Amended by P.L. 15 -55:5. § 76502. [Foreign] Traders Exempted fro m Division. Any Trader engaged solely in the Trade shall be exempt from the provisions of this Division so long as the provisions of § 76503 of this Division are complied with. SOURCE: GC § 1 6351 added by P.L. 15 -40:4. Amend ed by P.L. 15 -55:5. § 76503. Trader’s Certificate Requirements; Issuance. A corporation engaged solely in Trade , upon providing satisfactory evidence to the Director of Revenue & Taxation that: (a) it is properly incorporated either in Guam or some other jurisdiction of the United States; (b) it has appointed a resident agent for service of process; and (c) as far as its activities in Guam are concerned, it intends to engage solely in Trade ; shall be issued a certificate by the Director indicating that it is

sident agent for service of process; and (c) as far as its activities in Guam are concerned, it intends to engage solely in Trade ; shall be issued a certificate by the Director indicating that it is authorized to carry on Trade and that all other provisions of the Business Licens e Law are inapplicable to it. Said certificate shall be known as the Trader’s Certificate . SOURCE: GC § 1 6352 added by P.L. 15 -40. Amended by P.L. 15 -55:5. § 76504. Parts o f Foreign Corporation Law Not Applicable. COL 0307201111GCA FINANCE &TAXATION CH.76SERVICE LICENSES 17Chapter 7 of Title 18 of the Guam Code Annotated shall not apply to any corporation holding a Trader=s Certificate. SOURCE: GC § 1 6353 added by P.L. 15 -40. Amended by P.L. 15 -55:5. Amended by P.L. 27 -57:9. § 7650 5. Service License Required. Export Trading Companies are required to obtain a Service License from the Department of revenue & Taxation in order to conduct business on Guam. The license will specify that it is a license for Export Services. Holders of th ese licenses are prohibited from selling the goods and services designated for export and exempted in 11 GCA §26203(k)(18), to local residents or businesses.

icense for Export Services. Holders of th ese licenses are prohibited from selling the goods and services designated for export and exempted in 11 GCA §26203(k)(18), to local residents or businesses. This prohibition shall not apply to export trade services or corporate assets used in the performa nce of thes e services. The Director shall promulgate rules and regulations for the implementation of this section pursuant to the Administrative Adjudication Act. SOURCE: GC § 1 6354 added by P.L. 15 -40:4. Amended by P.L. 17 -67:3 and P.L. 17-70:II:40. ----------