11 Guam Code Ann. § 3301
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Terms Used In 11 Guam Code Ann. § 3301
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
Except in the case of an on-sale license for a premise under the operation or control of a person who is a contractor to the United States, the Board shall not issue a license to any person who is not a citizen or national of the United States having resided in Guam permanently and continuously for a period of at least one (1) year immediately preceding the date of application for a license. If the person is a partnership, each partner must be such a citizen or national of the United States, and if a corporation, a majority of the members of the board of directors must be such citizens or nationals of the United States, and all of the persons who are charged with the duties of managing or conducting the business must be citizens or nationals of the United States residing in Guam but need not possess a previous residence of particular duration. The Board may issue an on-sale license for a premise under the operation or control of a person who is a contractor to the United States.
SOURCE: GC § 25201.
COMMENT: § 3301, in requiring a licensee to be a citizen or national of the United States, has no further force and effect. 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).