Chapter 1: General
Provisions
§101. Applicability.
§102. Local option.
§103. Definitions.
The provisions of chapters 1 to 4 of
this title shall apply to the entire State.
Source: YDC §4400, modified.
Cross-reference: The statutory provision on drunken and disorderly conduct is found in section 403 of Title 11 (Crimes and Punishment) of this Code. The statutory provision on illegal possession and consumption of alcoholic beverages is found in section 808 of Title 11 of this Code. The statutory provision on consumption of alcoholic beverages on public areas is found in section 809 of Title 11 of this Code. The statutory provision on persons under the influence of drugs or intoxicating liquor is found in section 704 of Title 25 (Motor Vehicles and Highways) of this Code.
Commission Comment: The provisions of chapters 1 to 4 of this title are predominantly composed of PART E. ALCOHOLIC BEVERAGE CONTROL of CHAPTER 4. FINANCE, TAXATION AND LICENSING of the Yap District Code.
The citizens
of each municipality or island in the State may, by a plebiscite, properly
conducted, prohibit the sale of beer and malt beverages and distilled and
spirituous liquors in their municipality or island. In the event
that a municipality or island elects to prohibit the sale of beer and malt
beverages and distilled and spirituous liquors, a notice in writing must
be sent to the Alcoholic Beverage Control Board, in which event the Board
shall refuse to recommend a license for the sale of beer and malt
beverages and distilled and spirituous liquors within that municipality or
island; provided that, beer and malt beverages and distilled and
spirituous liquors may be warehoused for transshipment in that
municipality or island, which are legally discharged in its
port.
Source: YDC §4401, modified.
Cross-reference: The statutory provisions on the Alcoholic Beverage Control Board are found in chapter 2 of this title. The constitutional provision on Local Government is found in Yap Const., Art. VIII. The statutory provisions on Local Government are found in Title 6 of this Code.
For the purpose of this
title:
(a) "Alcoholic beverages" means beer and malt beverages, distilled spirits, wine, and every liquid which contains one half of one percent (0.005%) or more of alcohol by volume and which is fit for beverage purposes, either alone or when combined with other substances.
(b) " Beer and malt beverages" means any beverage containing not more than fifteen percent (15%) alcohol by volume obtained by a process of fermentation of grain, hops or malt in water.
(c) " Board" means the Yap State Alcoholic Beverage Control Board.
(d) " Director" means the Director of Administrative Services.
(e) " Distilled spirits" means any distilled brandy, whiskey, and every product of distillation or any fermented liquid which is fit for beverage purposes and has alcoholic content.
(f) " General Fund" means the General Fund of the State of Yap.
(g) " Licensee" means any person holding a license issued pursuant to this title.
(h) " Minor" means anyone under the age of twenty-one years.
(i) "Person" means any single individual, partnership, corporation or other association of individuals, or any group or combination of the above acting together as a unit.
(j) " Premises" means the place of business which includes the entire building and any part of the area within one hundred feet of the exterior walls of the building.
(k) " Public place" means any area or place, within or out of doors publicly or privately owned which is regularly or by its nature designated as open to access by the public.
(l) " Resident" means any person who lives in the State.
(m) " Retail" means to sell directly to a consumer, usually in small quantities.
(n) " Sell" means to transfer ownership of alcoholic beverages from one person to another for any consideration whatsoever; or to keep, offer or expose for sale alcoholic beverages.
(o) " Treasurer" means State Treasurer.
(p) " Wholesale" means to sell to retailers or to sell in large quantities to any person who intends to resell.
Source: YDC §4402, definitions put into alphabetical order and section modified, as amended by YSL 3-63 §1, modified.