Terms Used In 11 Guam Code Ann. § 3430

  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
A manufacturer, agent or wholesaler of alcoholic beverages or any officer, director or agent of such persons shall not:

(a) Hold, directly or indirectly, to ownership of any interest in any on-sale or off-sale license.

(b) Furnish, give or lend, directly or indirectly, any money or other thing of value to, nor guarantee the payment of any loan or the fulfillment of any financial obligation of, any person engaged in operating, owning or maintaining any on-sale or off-sale premises.

(c) Furnish, give, lend, rent, or sell directly or indirectly any equipment, fixtures, or supplies other than alcoholic beverages, draught beer dispensers, or indoor signs, and promotional gifts and supplies, in accordance with regulation prescribed by the Board, to any person engaged in operating, owning or maintaining any on-sale or off-sale premises.

(d) Own, directly or indirectly, any interest in the business, furniture, fixtures except indoor signs, or lease of any premises operated or maintained under an on-sale or off-sale license or own, directly or indirectly, any interest in land upon which on-sale or off-sale premises are maintained

unless the holding of such interest is permitted in accordance with regulations of the Board.

(e) Deliver, directly or indirectly, the possession of any alcoholic beverages to any on-sale or off-sale licensee under an agreement of consignment whereby title to such alcoholic beverages is retained by the seller or whereby such licensee receiving such alcoholic beverages has the right at any time prior to sale to relinquish possession to or return them to the original seller.

(f) Give, directly or indirectly, to any on-sale or off- sale licensee or any other person any alcoholic beverages as free goods as a part of any sale or transaction involving alcoholic beverages.

(g) Give secret rebates or make any secret concessions to any on-sale or off-sale licensee.

(h) Give or furnish, directly or indirectly, to any agent or employee of an on-sale or off-sale licensee, anything of value for the purpose or with the intent to solicit, acquire or obtain the help or assistance of such agent or employee to encourage or promote either the purchase or the sale of the alcoholic beverages sold or manufactured by the licensee giving or furnishing him any such thing of value.

(i) Knowingly discriminate, directly or indirectly, in the same trading area, in the price or any such brand of alcoholic beverages sold to different retail licensees purchasing under like terms and conditions.

(j) Credit or compensate an on-sale or off-sale licensee for advertising display or distribution service in connection with the advertising and sale of alcoholic beverages.

(k) Sell any alcoholic beverages to any on-sale or off- sale licensee without invoicing the vendee’s license number, or if the vendee is not required by law to hold a license, without indicating fully on the invoice the vendee’s identity.

SOURCE: GC § 25327 amended by P.L. 11-88. Subsection (c) amended by P.L. 22-90:4 (3/3/94).