(a) The number of premises for which an on-sale general license or an off-sale general license is issued shall be limited to one (1) for each two hundred (200) or fraction thereof, inhabitants of the municipality in which the premises 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 general 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 Guam Code Ann. Ch.
40 exercises jurisdiction while inhabitants shall exclude those residing on military contractors’ reservations.

(c) Nothing in this section shall authorize the cancellation of any license which may be outstanding in any municipality in excess of the number authorized by the ratio established 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 municipality has increased by more than two hundred (200) or multiples of two hundred (200) inhabitants since the latest census recognized 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 total number of licenses in such municipality does not exceed the maximum specified, the Board may issue not to exceed one on-sale general license and one off-sale general license for each additional two
hundred (200) inhabitants in the municipality since the effective date, hereof, any person applying for an off-sale general license on the ground of increased population shall set forth 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 Board.

(2) That the issuance of the license applied for would serve the public convenience or necessity.

(3) That the issuance of the license applied for would 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 premises are located, and other municipalities in Guam.

(5) That the population in the municipality for which 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 pursuant 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 and relating to the application and report his findings to the Board 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 pursuant to the authority of 1 Guam Code Ann. § 1606.

References to “”territory”” and “”territorial”” removed and/or altered to
“”Guam”” pursuant to 1 Guam Code Ann. § 420.

§ 3310. License: Transfers: Application: Establishment of
Escrow: License not to be Pledged.

Each license is separate and distinct and is transferable from the licensee to another person upon the approval of the Board as provided in this Title and upon the payment of a transfer fee equal to the fee payable upon an original application for the
license, subject however to the reductions specified § 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 application for transfer is made prior to the entry of a final decree of divorce, and the license or licenses of a decedent, minor ward, incompetent person, bankrupt person, person for whose estate a receiver is appointed, or assignor for the benefit of creditors may be transferred by or to the surviving partner or partners of a deceased licensee, the executor, administrator, or guardian of an estate of a licensee, the surviving spouse of a deceased licensee in the event that the deceased licensee leaves no estate to be administered, the trustee of a bankrupt estate of a licensee, receiver of the estate of a licensee, or an assignee for the benefit of creditors of a licensee with the consent of the assignor, 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 without 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 payment of a transfer fee of twenty-five dollars ($25.00) and compliance with the provisions of this Title relating to the issuance of an original license.

(c) (1) No retail license limited in numbers shall be transferred, unless before the filing of the transfer application with the Board, the licensee or the intended 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.(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 the 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 with the Board together with a transfer application.

(3) Before the filing of such a transfer application with the Board the licensee and the intended transferee shall establish in escrow with some person, corporation, or association not a party to the transfer acting as escrow holder, and the intended transferee shall deposit with the escrow holder the full amount of the purchase price or consideration, if any there be, to be paid in connection with the transfer. The licensee 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 claims 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 to be paid for the transfer of the license is fixed in the recorded notice of intended transfer; or if the purchase price or consideration is not sufficient to pay the claims in full, to distribute the consideration pro rata to the creditors of the licensee. The agreement shall also provide that the escrow holder shall make the payment or distribution within reasonable time after the completion of the transfer of the license.

(d) The provision of this section relative to the filing of an application for transfer and on the establishment 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, receiver, or other person acting in the legal or proper discharge of official duty, or in the discharge of any trust imposed upon him by law, nor to any transfer or assignment, statutory or otherwise, made for the benefit of creditors.

(e) No licensee shall enter into any agreement wherein he pledges the transfer of his license as security for a loan or as security for the fulfillment of any agreement. Each application for the transfer of a license shall be accompanied by or contain a statement verified by both the transferrer and transferee specifically stating that the transfer application or proposed transfer is not made to satisfy the payment or a loan or to fulfill an agreement entered into more than ninety (90) days preceding the day on which the transfer application is filed with the Board, or to gain or establish a preference to or for any creditor of the transferrer or to defraud or injure any creditor of the transferrer. This statement shall become part of the 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 pursuant to the authority of 1 Guam Code Ann. § 1606, after review of original source, GC § 25213.