CHAPTER 1
Alcoholic Beverage Control
Subchapters:
A General Provisions (§ 1001)
B Alcoholic Beverage Control Board (§§ 1011-1022)
C Licensing (§§ 1031-1051)
D Restrictions and Prohibitions (§§ 1061-1078)
E Enforcement and Penalties (§§ 1081-1088)
General Provisions
§ 1001. Definitions.
As used in this Chapter, unless otherwise specifically provided:
(1) "Alcoholic beverage" means beer, distilled spirits and wine, and every liquid which contains one-half of one percent or more of alcohol by volume and which is fit for beverage purposes, either alone or when combined with other substances;
(2) "Beer and malt beverages" means beverages containing not more than 15 fifteen percent alcohol by volume obtained by a process of fermentation of grain, hops, and malt in water.
(3) "Club" means an organization which operates an establishment for social purposes and not for pecuniary gain, having a bona fide membership list, with elected officers and by-laws.
(4) "Minor" means any person under twenty-one years 18 of age.
Source: 3 TDC § 1, as superseded in part by TSL 6-66, as amended by CSL 2-94-08, modified.
Alcoholic Beverage Control Board
§ 1011. Alcoholic Beverage Control Board; Composition.
§ 1012. Alcoholic Beverage Control Board; Ineligibility.
§ 1013. Alcoholic Beverage Control Board; Disqualification and removal.
§ 1014. Alcoholic Beverage Control Board; Compensation.
§ 1015. Alcoholic Beverage Control Board; Powers.
§ 1016. Alcoholic Beverage Control Board; Regulations.
§ 1017. Alcoholic Beverage Control Board; Power to require records and reports.
§ 1018. Alcoholic Beverage Control Board; Power to prescribe forms.
§ 1019. Alcoholic Beverage Control Board; Fees.
§ 1020. Alcoholic Beverage Control Board; Records.
§ 1021. Alcoholic Beverage Control Board; Meetings.
§ 1022. Alcoholic Beverage Control Board; Procedure for application approval.
There shall be an Alcoholic Beverage Control Board which shall consist of five members appointed by the District Administrator Governor for terms of two years each. The Truk District Chuuk State Chief of Police and Truk District Chuuk State Director of Health Services shall serve as ex-officio members of the board. The District Administrator Governor shall designate
one of the members as Chairman of the Board.
Source: 3 TDC § 2, modified.
A person is not eligible for
membership on the Board who:
(1) is or becomes interested, directly or indirectly, in any business involving the importation, manufacture, or sale of alcoholic beverages, provided, that ownership of stock alone shall not constitute an "interest" under this Section;
(2) has not reached the age of 30 thirty years; and
(3) has been convicted of a felony for which he has not been pardoned.
Source: 3 TDC § 3.
The District Administrator Governor shall remove any member of the Board
whenever grounds for disqualification appear.
Source: 3 TDC § 4, modified.
Every member of the board who is not in the service of the government for which he receives compensation shall be paid an amount to be determined by the District Administrator Governor.
Source: 3 TDC § 5, modified.
The Board shall have the power to license the importation, manufacture, and sale of alcoholic beverages, and to suspend, revoke, and reinstate such
licenses.
Source: 3 TDC § 6.
The Board shall make regulations
consistent with the provisions of this Chapter and amend or repeal such
regulations as it deems necessary to carry out the intention of this
Chapter and to exercise the powers and perform the duties conferred upon
it.
Source: 3 TDC § 7.
The Board shall have the power to
prescribe the character and manner of keeping books and records by
licensees, common and private carriers, and other persons as are necessary
to enable the Board to exercise its powers and duties.
Source: 3 TDC § 8.
The Board shall prescribe the form
for all applications for licenses or renewal of licenses and other papers
it shall require including verification, and the information to be
contained in such application and other papers. It shall prescribe
the place for posting licenses by licensees.
Source: 3 TDC § 9.
The Board shall cause all fees received by it to be paid to the District Treasurer State Treasury.
Source: 3 TDC § 10, modified.
(1)
The Board shall cause special records to be prepared of all its
meetings, proceedings, and business including the number, class, and kinds
of licenses issued, denied, suspended, and revoked, and monies received
and disbursed, which records shall be open to public
examination.
(2) The Board shall render a report to the District Administrator Governor 30 thirty days prior to the close of each fiscal year, setting forth the details of all its activities for the preceding year, based upon such records.
Source: 3 TDC § 11, modified.
Meetings shall be held periodically,
as conditions require, and shall be called by the
Chairman.
Source: 3 TDC § 12.
All members of the Board shall have
the opportunity to consider each license application and shall either
approve or disapprove the same. The Chairman shall review the
application first, sending it then to each of the members in turn. A
simple majority of the membership shall constitute a quorum and a decision
by the majority present shall prevail.
Source: 3 TDC § 13.
Licensing
§ 1031. Licenses required.
§ 1032. Licenses; Lack of; Disposal of stock.
§ 1033. Exception; Sacramental wines.
§ 1034. Exception; New arrivals.
§ 1035. Licenses; Type and amount.
§ 1036. Licenses; Fees; Reductions.
§ 1037. Licenses; Expiration date.
§ 1038. Licenses; Privileges; Limitations.
§ 1039. Licenses; Limitations.
§ 1040. Licenses; Wholesaler.
§ 1041. Licenses; Retail on-sale.
§ 1042. Licenses; Retail off-sale.
§ 1043. Licenses; Club.
§ 1044. Real party in interest.
§ 1045. License; Minor.
§ 1046. License; Prior revocation.
§ 1047. License; Unfit person.
§ 1048. License; Near church, hospital, school.
§ 1049. License; On-sale; Number.
§ 1050. Board; Disapproval of applications.
§ 1051. License denial; Review.
Except as otherwise provided in this
Chapter, a person shall not manufacture or sell alcoholic beverages
without a license.
Source: 3 TDC § 14, as amended by 26-1-11, § 1 (14).
A person in possession of a stock of
lawfully acquired alcoholic beverages following the revocation or
voluntary relinquishment of such a license to sell the same, may sell such
stock under the supervision of the Board and in such manner as the Board
shall by regulation prescribe, to a licensee authorized to sell such
alcoholic beverages.
Source: 3 TDC § 15.
A religious organization may import
wine for use in its rites without the necessity of a license under this
Chapter.
Source: 3 TDC § 16.
A person entering Truk District Chuuk State for the first time or returning to it after an absence of 15 fifteen or
more days may bring with him for private use, and not for resale,
alcoholic beverages not exceeding one gallon in quantity without a
license.
Source: 3 TDC § 17, modified.
The type and amount of liquor license
hereunder are hereby established as follows:
(1) Class 1. Wholesale License
(a) General $300.00
(2) Class 2. Retail License (served in establishment)
(a) Restaurant (General) $500.00
(b) Club & Bar (General) $500.00
(3) Class 3. Retail License (without establishment)
(a) General $500.00
Source: 3 TDC § 18, as amended by CSL 191-03, § 1(18).
Editor's note: CSL 191-03 that amended this section was signed into law by the Governor on March 8, 1991.
If an applicant applies for a license
after the beginning of a fiscal year but during the first quarter of the
year, he shall pay the full fee therefore. If he applies after the
end of the first quarter and during the second quarter, he shall pay
three-fourths of the fee. If he applies after the end of the second
quarter, he shall pay one-half of the fee regardless of when he
applies.
Source: 3 TDC § 19.
The licenses specified in Section 1035 18 of this Chapter shall be issued for an indefinite period; provided however, that each licensee shall pay an annual fee as specified in Section 1035 18 of this Chapter for the issuance of licenses, payable on and before the thirtieth day of June of each year, beginning with the thirtieth day of June following the issuance of the license. If the license fee is not paid on or before the thirtieth day of June of each year, the license is automatically suspended, but may be reinstated by the Board within three days of the thirtieth day of June upon payment of the license fee. Unless the license is so reinstated, it is automatically revoked 31 thirty-one
days after the thirtieth day of June, and the Board shall not issue a
license except upon a new, original application.
Source: 3 TDC § 20.
A licensee is limited to the
privileges conferred by the license, and is not authorized to exercise any
other privileges.
Source: 3 TDC § 21.
A licensee is limited to the premises
for which the license is issued and is not authorized to exercise the
privileges conferred by the license at any additional or other
premises.
Source: 3 TDC § 22.
A person holding a wholesale dealer's
license is authorized to sell alcoholic beverages to licensed retail
establishments or to religious organizations.
Source: 3 TDC § 23, as amended by 26-1-11, § 1(23).
A person holding a retail dealer's
on-sale license is authorized to sell alcoholic beverages, as specified in
the license, to consumers for consumption on the premises.
Source: 3 TDC § 24.
A person holding a retail dealer's
off-sale license is authorized to sell alcoholic beverages, as specified
in the license, to consumers for consumption off the
premises.
Source: 3 TDC § 25.
A club license shall be a combined
general retail on-sale and retail off-sale license and shall authorize the
licensee to sell liquors to members of the club and guests thereof
enjoying the privilege of membership.
Source: 3 TDC § 26.
The Board shall not issue a license
of any class to any applicant who is not the real party in
interest.
Source: 3 TDC § 27.
The Board shall not issue any license to any person who is under twenty-one 18 years of age.
Source: 3 TDC § 28, as superseded in part by TSL 6-66, as amended by CSL 2-94-08.
Except in the case of a license
revoked for non-payment of renewal fee, the Board shall not issue a
license of any class which was revoked within a one year period prior to
the date of the application.
Source: 3 TDC § 29.
§ 1047. License; Unfit person.
The Board shall not issue a license
of any class to any person the Board deems unfit to hold a
license.
Source: 3 TDC § 30.
The Board shall not issue an on-sale
license for premises located within a distance of one hundred feet from
the premises of any church, hospital, or public or private
school.
Source: 3 TDC § 31.
The Board shall not issue a greater
number of on-sale premises licenses within a municipality than it deems
consistent with the public interest.
Source: 3 TDC § 32.
The Board may disapprove an
application for a license, upon finding, through adequate investigation,
that such refusal is in the public interest.
Source: 3 TDC § 33.
Where an application for license has been denied in accordance with Section 83 1033 of this Chapter, the applicant may appeal the decision of the Board to the District Administrator Governor, who shall have the authority to direct
the Board to issue the license.
Source: 3 TDC § 34, modified.
Restrictions and Prohibitions
§ 1061. Conduct of business.
§ 1062. Condition of premises.
§ 1063. Unauthorized alcoholic beverages; Possession forbidden.
§ 1064. Hours of sale; On-sale premises.
§ 1065. Hours of sale; Off-sale.
§ 1066. Holidays.
§ 1067. Election day; Sale forbidden.
§ 1068. Sale to intoxicated persons forbidden.
§ 1069. [SUPERSEDED]
§ 1070. Consumption forbidden in certain places.
§ 1071. Container refill prohibited.
§ 1072. Restrictions on transactions between licensees.
§ 1073. Consumption while on duty prohibited.
§ 1074. Stacking drinks prohibited.
§ 1075. [SUPERSEDED]
§ 1076. Prohibition; Petition; Election.
§ 1077. Prohibition; Election.
§ 1078. Prohibition; Voter approval.
A licensee, whether wholesaler or
retailer, shall not encourage the consumption of alcoholic beverages, but
shall confine his business to the supply of the demand for alcoholic
beverages in a dignified manner in accordance with the intent of the
provisions of this Chapter.
Source: 3 TDC § 35.
The Board shall have the power to
prescribe by regulation the arrangement, construction, equipping, lighting
and sanitary facilities of any premises as will provide a safe and
sanitary premise with sufficient lighting and orderly
atmosphere.
Source: 3 TDC § 36.
A licensee shall not keep upon the
premises any alcoholic beverages other than those he is authorized to deal
in by virtue of his license.
Source: 3 TDC § 37.
An on-sale licensee shall not sell or
serve any alcoholic beverages after ten p.m. Sundays through Thursdays,
nor after twelve midnight on Fridays and Saturdays. A licensee may
begin selling and serving alcoholic beverages at twelve noon on Sundays
through Thursdays and at nine a.m. Fridays and Saturdays.
Source: 3 TDC § 38.
An off-sale licensee shall not sell alcoholic beverages prior to
seven-thirty a.m. and after ten-thirty p.m.
Source: 3 TDC § 39, as amended by TDL 26-11, § 2.
Source: 3 TDC § 40, as repealed by TDL 26-11, §
1.
An on or off-sale licensee shall not
sell or serve alcoholic beverages in any municipality where an election is
in progress during the hours when the polls are required by law to be open
for voting.
Source: 3 TDC § 41.
A licensee and his employees shall
not sell or give permission to be sold or give any alcoholic beverages to
any habitual or common drunkard or obviously intoxicated
person.
Source: 3 TDC § 42.
Source: 3 TDC § 43, as superseded by TSL 6-66, as
amended by CSL 2-94-08, § 1.
Persons shall not consume alcoholic beverages on a public highway or road, within the premises of any public building, or any boat transporting passengers or freight (except those under contract to the Trust Territory Federated States of Micronesia
government).
Source: 3 TDC § 44, modified.
A licensee shall not refill any
distilled spirit container with distilled spirits, nor offer for sale or
sell distilled spirits from a container that has been
refilled.
Source: 3 TDC § 45.
A manufacturer, agent, or wholesaler
of alcoholic beverages shall not:
(1) Knowingly discriminate, directly or indirectly, in the same trading area in the price of any brand of alcoholic beverage sold to different retail licensees provided under like terms and conditions; or
(2) Sell any alcoholic beverage to any off or on-sale licensee without invoicing the vendee's license number.
Source: 3 TDC § 46.
No employee, owner, manager or agent
thereof of any licensed premises shall consume or be permitted to consume
any alcoholic beverage while on duty on such premises.
Source: 3 TDC § 47.
No on-sale licensee, agent, or
employee thereof shall serve more than one drink at any time to any
individual.
Source: 3 TDC § 48.
Source: 3 TDC § 49, as superseded by TSL 6-66, as amended by CSL 2-94-08, § 1.
Upon petition submitted to the Municipal Clerk, by two-thirds of the voters of any municipality in the Truk District Chuuk State requesting that an election be held on the question of prohibiting the sale or consumption of intoxicating beverages in such municipality, the magistrate thereof shall call an election within 90 ninety days of such filing.
Source: 3 TDC § 58, modified.
An election held under Section 1076 58 of
this Chapter shall be held in accordance with general election
laws.
Source: 3 TDC § 59.
Cross-reference: The election laws of the State of Chuuk are codified in Title 13 of this Code.
If the majority of the voters at an election held pursuant to Sections 1076-1077 58-59 of this Chapter approve the
proposition prohibiting the sale or consumption of intoxicating liquors,
the Municipal Council shall prepare and adopt an ordinance in accordance
with such election mandate.
Source: 3 TDC § 60.
Enforcement and Penalties
§ 1081. Enforcement powers.
§ 1082. Inspection.
§ 1083. Revocation and suspension of license.
§ 1084. Criminal process.
§ 1085. Penalty.
§ 1086. [SUPERSEDED]
§ 1087. [SUPERSEDED]
§ 1088. [SUPERSEDED]
Each of the members of the Board
shall have all of the powers of peace officers in the enforcement of the
provisions of this Chapter and regulations adopted pursuant
thereto.
Source: 3 TDC § 50.
Each member of the Board shall have
the right at all times without notice and without legal process to visit
and have immediate access to every part of the premises of every licensee
for the purpose of making an examination and inspection of alcoholic
beverage books and records and the manner in which the business is
conducted.
Source: 3 TDC § 51.
A license of any class may be revoked
on any of the following grounds:
(1) if the continuation of a license would be contrary to the public interest; or
(2) the violation of, causing or permitting violation of, or failure or refusal by a licensee, to comply with any provisions of this Chapter or any regulation of the Board adopted pursuant to this Chapter; or
(3) the misrepresentation of a material fact by any applicant in obtaining or renewing a license; or
(4) the plea, verdict, or judgment of guilty to any public offense involving moral turpitude.
Source: 3 TDC § 52.
The criminal prosecution of any
person under the provisions of this Chapter shall be in addition to and
independent of the power of the Board to suspend or revoke any
license.
Source: 3TDC § 53.
Any person who violates, causes or permits a violation, or who fails or refuses to comply with any provisions of this Chapter or any order or regulation of the board not inconsistent with the provisions of this Chapter for which a specific penalty is not provided, shall be fined not more than five hundred dollars or imprisoned for not more than one year, or both such fine or imprisonment.
Source: 3 TDC § 54, modified.
Source: 3 TDC § 55, as superseded by TSL 6-66, as amended by CSL 2-94-08, § 1.
Source: 3 TDC § 56, as superseded by TSL 6-66, as amended by CSL 2-94-08, § 1.
Source: 3 TDC § 57, as superseded by TSL 6-66, as amended by CSL 2-94-08, § 1.