Notwithstanding any other provisions of law, a person holding a microbrewery-pub restaurant license is authorized to:

(a) Annually manufacture and store on the licensed restaurant premises, no more than eight thousand barrels 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 restaurant premises; as such premises are described in the license.

(c) Sell beer, wine or other spirits not manufactured 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-sealed packages directly to the consumer for consumption off 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 conditions, 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 Ann. and the alcoholic beverage taxes under § 26302 of Article 3 of Chapter
26 of Title 11, Guam Code Annotated.
(e) Sell to wholesalers holding, a Class 3 liquor license as defined by § 3207 of this Chapter, beer manufactured 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 conditions, 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 beverage taxes applicable under Article 3 of Chapter 26 of Title
11, Guam Code Annotated.

(f) (1) The microbrewery may manufacture and package on the licensed premises beer in an unlimited 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 conditions, 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 holding a Class 1 Manufacturer’s License under the provisions of § 3207 of this Chapter, or who actively engages in the manufacture of alcoholic beverages outside of Guam other
than as a microbrewery-pub, may obtain a Class 11 License to operate a microbrewery pub restaurant as defined herein.

SOURCE: Added by P.L. 22-142 (12/14/94). Amended by P.L. 24-39:3.

2017 NOTE: Subitem designations added pursuant to the authority of 1
GCA § 1606.

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