|DRAFT CSC, Title 15. Alcoholic Beverage Control|
Alcoholic Beverage Control
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)
§ 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
(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
Source: 3 TDC § 1, as superseded in part by TSL 6-66, as amended by CSL 2-94-08, modified.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
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
(3) has been convicted of a felony for which he has not been pardoned.
Source: 3 TDC § 3.
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
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
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
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.
§ 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
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
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
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
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
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
Source: 3 TDC § 58, modified.
An election held under Section 1076
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
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
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.