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COL0806201222 GCA BUSINESS REGULATIONS CH. 39 COCKFIGHTING 1 CHAPTER 39 COCKFIGHTING § 39101. License Board: Established. § 39101. License Board: Terms and Compensation. § 39103. License Board: Rules and Regulations. § 39104. License Board Employees. § 39105. Cockpits, Authorization to License. § 39106. Licenses: Issuance. § 39107. Bid, Invitation for and Submission of § 39108. License, Award of. § 39109. License, Duration, Number, Suspension or R evocation; Citizenship Requirement. § 39110. Cockfights: Days. § 39111. Operation of Cockpits. § 39112. Operation of Cockpits: Admission Fees. § 39113. Operation of Cockpits: Wagers. § 39114. Operation of Cockpits: Same: Fees. § 39115. Wagers. § 39116. Cockpits and Cockfighting. § 39117. Cockpits and Cockfighing: Drugging Gamecoc ks and Allied Offenses. § 39118. Penalty. § 39101. License Board: Established. There is hereby established in the Government of Gu am a Cockpit License Board (hereafter referred to as the Board ) which shall consist of three members including the chairman appointed by t he Governor with the consent of the Legislature. SOURCE: GC § 26100. § 39102. Same: Terms and Compensation.

o as the Board ) which shall consist of three members including the chairman appointed by t he Governor with the consent of the Legislature. SOURCE: GC § 26100. § 39102. Same: Terms and Compensation. The members and Chairman of the Board shall be appo inted for terms of one (1) year each and shall receive compensation at the rate of Fifty Dollars ($50) for each attendance at the meeting of the Board, provided, however, that no member shall receive more than One Hundred Dollars ($100) per month. SOURCE: GC § 26101; amended by P.L. 15-148:12. COL0806201222 GCA BUSINESS REGULATIONS CH. 39 COCKFIGHTING 2 § 39103. Same: Rules & Regulations. The Governor may issue as Executive Orders and the Board may recommend to the Governor for issuance as Executive Orders such reason- able rules and regulations, not inconsistent with t he laws of Guam as may be necessary or desirable to enable the Board to carry into effect the provisions of this Chapter. SOURCE: GC § 26102. § 39104. Same: Employees. Within the limits of the authorized budget and cons istent with the Compensation Law of Guam [Title 4, GCA], the Board may employ and discharge such employees as shall from time to time be necessary in

thin the limits of the authorized budget and cons istent with the Compensation Law of Guam [Title 4, GCA], the Board may employ and discharge such employees as shall from time to time be necessary in carrying out the duties and responsibilities imposed thereun der. SOURCE: GC § 26103. § 39105. Cockpits, Authorization to License. The Board is authorized to issue cockpit licenses f or both Balentia and Amara cockpits. Balentia cockfighting shall be that in which the cocks are not equipped with knives or other sharp instruments . Amara cockfighting shall be that in which the cocks are equipped with knives or other sharp instruments. The Board may authorized a licensee to conduct either or both kinds of cockfighting. SOURCE: GC § 26104; repealed and reenacted by P.L. 13-28:1. § 39106. Licenses: Issuance. Licenses for the operation of cockpits shall be iss ued by the Board only after the awarding of the license as herein provide d. SOURCE: GC § 26105. § 39107. Bid, Invitation for and Submission of. (a) Whenever there are two (2) or less current lice nses in effect, the Board shall conduct a public meeting at which it sh all review cockpit operations and authorize the letting of bids

mission of. (a) Whenever there are two (2) or less current lice nses in effect, the Board shall conduct a public meeting at which it sh all review cockpit operations and authorize the letting of bids for li censes which will be new or which will replace the expired or non-renewed licen ses. (b) Not later than ninety (90) days prior to the ex piration of an existing license the Board shall publish in a newspaper of g eneral circulation within the territory its invitation for bids. COL0806201222 GCA BUSINESS REGULATIONS CH. 39 COCKFIGHTING 3 (c) The invitation for bids shall specify the types of license to be granted and the municipality in which the license i s intended to be granted. (d) The notice shall be published at least once wee kly for three (3) consecutive weeks. The notice shall state the addre ss to which bids must be submitted and shall set a deadline, which shall be thirty (30) days following the day of last publication of notice, for the subm ission of bids. (e) No bid for amara shall be considered unless it shall be accompanied by a deposit of One Hundred Dollars ($100.00) which sum shall not be refundable and which shall be paid into the General Fund of Guam.

bid for amara shall be considered unless it shall be accompanied by a deposit of One Hundred Dollars ($100.00) which sum shall not be refundable and which shall be paid into the General Fund of Guam. (f) No bid shall be considered unless it shall be s ubmitted in a sealed envelope. (g) The minimum bid which can be received or accept ed by the Board for the operation of a cockpit in which amara fight s may be conducted shall be Ten Thousand Dollars ($10,000.00) for five (5) y ears. (h) The minimum bid which can be received or accept ed by the Board for the operation of a cockpit in which only balent ia fights maybe conducted shall be Fifty Dollars ($50.00) per year. SOURCE: GC § 26106. Repealed and reenacted by P.L. 13-28:2. Subsection (a) Arepealed and reenacted @ by P.L. 16-120:28 although no evidence exists of a prior subsection (a). Subsection (a) further amended by P .L. 18-44:37. Subsection (b), which was probably the original section before subs ection (a) was added, was amended by P.L. 19-44:38. NOTE: Original ''26106 and 26107 were repealed in their entirety and a new '26106 [§ 39107] was enacted by P.L. 13-28:2. § 39108. License, Award of.

ction (a) was added, was amended by P.L. 19-44:38. NOTE: Original ''26106 and 26107 were repealed in their entirety and a new '26106 [§ 39107] was enacted by P.L. 13-28:2. § 39108. License, Award of. The board shall award the license to the highest bi dder provided that the bidder is approved by the Board. In the event that the Board does not approve the highest bidder, or the highest bid is f or any reason not acceptable to the Board, new notices shall be poste d and bids received in the same manner as if no notice had been given. SOURCE: GC § 26108. Amended by P.L. 13-28:3. § 39109. License, Duration, Number, Suspension or R evocation; Citizenship Requirement. COL0806201222 GCA BUSINESS REGULATIONS CH. 39 COCKFIGHTING 4 (a) Licenses to operate cockpits shall be issued fo r a five (5) year period and may be renewed for an additional five (5) year period upon payment of an amount equal to the amount of his original bid. (b) No more than three (3) licenses in which amara fights may be conducted shall be granted, provided , that this restriction shall not take effect until the expiration of licenses issued pursuant to previous law.

an three (3) licenses in which amara fights may be conducted shall be granted, provided , that this restriction shall not take effect until the expiration of licenses issued pursuant to previous law. (c) The Board may suspend or revoke a license for v iolation of any section of this Chapter or of the rules and regulat ions issued pursuant thereto. Any action for suspension or revocation sh all be taken as provided by the Administrative Adjudication Act. (d) The Board shall not issue a license to any natu ral person who is not a citizen of the United States and a resident of Gu am not to a legal entity in which the ownership is not at least fifty-one perce nt (51%) vested in citizens of the United States who are residents of Guam. SOURCE: GC § 26109. Repealed and reenacted by P.L. 13-28:4; further repealed and reenacted by P.L. 16-120:28(b). NOTE: Sections 26109 through 26112 were repealed in their entirety and a new ' 26109 [§ 39109] was enacted. by P.L. 13-28:4. § 39110. Cockfights: Days. (a) Cockfights may be held on Sundays, legal holida ys or church holidays. In addition thereto, additional cockfigh t events may be held each year upon the approval thereof by a majority of the

Days. (a) Cockfights may be held on Sundays, legal holida ys or church holidays. In addition thereto, additional cockfigh t events may be held each year upon the approval thereof by a majority of the members of the Board. (b) Notwithstanding any other provisions of law, I Maga =lahen Guåhan [Governor of Guam] is authorized to allow the condu ct of cockfights for the three (3) day weekend period consisting of Friday, Saturday and Sunday for every annual Village fiesta, for Discovery Day and for Fiestan Tasi, with the net proceeds of such cockfights to be given to the Municipal Planning Council of the Village in which the cockfight is he ld. The Village Mayor or Vice-Mayor will provide a report of the amount of t he proceeds that is transmitted to the Municipal Planning Council not m ore than thirty (30) days from the last day of such event to the Department o f Revenue and Taxation. Failure to submit such a report will be reason to d eny granting future authorization to conduct such events. SOURCE: Subsection (a): GC § 26110; amended by P.L. 3-28. S ubsection (b): Codified by Compiler. Latest version added as a cle arly permanent law by P.L. 22- 41:29 (second paragraph).

ct such events. SOURCE: Subsection (a): GC § 26110; amended by P.L. 3-28. S ubsection (b): Codified by Compiler. Latest version added as a cle arly permanent law by P.L. 22- 41:29 (second paragraph). Repealed/reenacted by P.L . 26-52:3. COL0806201222 GCA BUSINESS REGULATIONS CH. 39 COCKFIGHTING 5 NOTE: P.L. 26-52:4 gives authority to promulgate Rules an d Regulations relative to cockfighting and other forms of gambling. However, the licensees are limited to those licensed on Aug. 1, 2001. Section 4 states: Section 4. Promulgation of Rules . Notwithstanding any other provisions of law, the Cockpit License Board, together with th e Department of Revenue and Taxation, is hereby authorized to promulgate ne cessary rules and regulations to create a comprehensive regulatory sc heme to regulate all gaming activities on Guam; provided, that the rules and regulations shall restrict gamin g activities to those authorized and licensed on Guam as of August 1, 2001. § 39111. Operation of Cockpits. Cockpits may be operated at any time on a day on wh ich they are authorized to be held. SOURCE: GC § 26114. Amended by P.L. 10-30. Repealed and ree nacted by P.L. 16:120:28(c). § 39112.

of Cockpits. Cockpits may be operated at any time on a day on wh ich they are authorized to be held. SOURCE: GC § 26114. Amended by P.L. 10-30. Repealed and ree nacted by P.L. 16:120:28(c). § 39112. Same: Admission Fees. The admission fee to a cockpit shall be Three Dolla rs ($3.00). SOURCE: GC § 26115 amended by P.L. 13-133:6. § 39113. Same: Wagers. (Repealed) SOURCE: GC § 26116 was repealed by P.L. 3-23. § 39114. Same: Same: Fees. For each combat between cocks, a fee not to exceed two percent (2%) of the total amount of bets, will be collected by t he holder of the franchise. SOURCE: GC § 26117. § 39115. Wagers. All wagers on a combat shall be made only within th e licensed premises and placed with the licensee or his agent. SOURCE: GC § 26118. § 39116. Cockpits & Cockfighting. Every person who shall: (a) Operate a cockpit without a license is guilty o f a misdemeanor; (b) Engage in cockfighting outside of a licensed co ckpit is guilty of a misdemeanor. Balentia (without knives or gaffs ) or the training of gamecocks shall be exempted from the provision of t his subsection, so long as no wagering is involved; COL0806201222 GCA BUSINESS REGULATIONS CH.

lentia (without knives or gaffs ) or the training of gamecocks shall be exempted from the provision of t his subsection, so long as no wagering is involved; COL0806201222 GCA BUSINESS REGULATIONS CH. 39 COCKFIGHTING 6 (c) While under the age of 18 years, attend a licen sed cockpit is guilty of a violation punishable by a fine not exce eding Fifty Dollars ($50.00). SOURCE: GC § 26119. Repealed and reenacted by P.L. 13-187:1 81. Amended by P.L. 16-120:28. § 39117. Same: Drugging Gamecocks and Allied Offens es. (a) Every person who shall drug, cripple, poison, o r in any manner injure any gamecock intended to be matched or enter ed in a lawful cockfight is guilty of a misdemeanor. For purposes of this se ction, the taking of a gamecock to within the enclosure of any cockpit sha ll be sufficient to constitute an intent to match. (b) Every person who, at any time, has in his posse ssion any grain or other chicken feed, or substance suitable for consu mption by chickens which has been mixed or treated with any drug, chemical o r other substance poisonous or harmful to chickens with intent to dru g, cripple, poison, or in any manner injury any gamecock intended to be match ed or entered

or treated with any drug, chemical o r other substance poisonous or harmful to chickens with intent to dru g, cripple, poison, or in any manner injury any gamecock intended to be match ed or entered in a lawful cockfight is guilty of a misdemeanor. For pu rposes of this section, possession of any grain or chicken feed, or substan ce suitable for consumption by chickens which has been mixed or tre ated with any drug, chemical, or other substance poisonous or harmful t o chickens within the enclosure of any cockpit shall be sufficient to con stitute an intent to drug, cripple, poison or in any manner injure any gamecoc k. SOURCE: GC § 26120. Added by P.L. 13-187:182. § 39118. Penalty. Violation of any provision of this Chapter or of an y rule or regulation duly promulgated by Executive Order pursuant to the provisions of this Chapter for which another penalty is not expressly provided shall be a petty misdemeanor. SOURCE: GC §26121. Added by P.L. 13-187:183. ---------- COL08062012