YSC, Title 22.  Business & Professions
 
 
 
Chapter 1.  Business
License Board

101.   Business License Board.
102.   Chairman and rules.
103.   Meetings and compensation.
104.   Issuance of license.
105.   Regulations.
106.   Application for license.
107.   Standards for approval of application.
108.   Processing fee.
109.   Revocation or suspension of licenses.
110.   Judicial review.

     101.  Business License Board.
     There shall be a Yap State Business License Board, hereinafter called the Board, composed of three members appointed by the Governor with the advice and consent of the Legislature.  The members shall serve for a term of one year. Vacancies occurring during a term shall be filled for the remainder of the term by the Speaker.

          Source:  YDC 4375, as amended by YSL 4-9 1, modified.

          Cross-reference:  The statutory provisions of the Yap State Business License Act are found in chapter 2 of this title.

     102.  Chairman and rules.
     The members of the Board shall elect a chairman by majority vote to serve until replaced.  Two members shall constitute a quorum.  The Board shall determine all matters by majority vote.  No members shall vote on any matter in which the member or any of the member's immediate family has a substantial financial interest.

          Source:  YDC 4376.

     103.  Meetings and compensation.
     The Board shall have regular meetings quarterly, one of which shall be during the last week of February of each year.  Special meetings may be called by the Treasurer or the chairman of the Board.  Members of the Board shall be entitled to receive a per diem payment of $5.00 for each meeting they attend.

Source:  YDC 4377, modified.

Cross-reference:  For other statutory provisions on the Treasury and the Treasurer, see chapter 5 of Title 13 (Taxation and Finance) of this Code.

     104.  Issuance of license.
     The license shall be issued by the Treasurer upon approval of an application by the Board.

Source:  YDC 4378, modified.

Cross-reference:  For other statutory provisions on the Treasury and the Treasurer, see chapter 5 of Title 13 (Taxation and Finance) of this Code.

     105.  Regulations.
     The Board with the approval of the Governor shall be authorized to issue regulations defining the categories of licenses, regulating the payment of the license fees, requiring the submission of reports on the income or gross receipts of licenses, requiring the submission of copies of tax receipts, and providing for any matter necessary for the proper implementation of this chapter.

Source:  YDC 4379, modified.

Cross-reference:  The statutory provision on violation of business license provisions is found in section 804 of Title 11 (Crimes and Punishment) of this Code.

     106.  Application for license.
     Applications for the issuance or renewal of a Yap State Business License shall be submitted to the Treasurer together with payment of one year's license fee for the license desired.  The Treasurer within seven days of the receipt of such an application shall present the application to the Board together with a record of the fees paid and a statement of whether the applicant owes overdue Yap State license fees or sales taxes of any nature.

Source:  YDC 4380, modified.

Cross-reference:  The statutory provision on violation of business license provisions is found in section 804 of Title 11 (Crimes and Punishment) of this Code.  The statutory provisions on Taxation and Finance are found in Title 13 of this Code.

     107.  Standards for approval of application.

     (a)  The Board shall meet and approve or disapprove any application for a license within 30 days after its receipt from the Treasurer.  In making its decision the Board shall consider the following factors, among others:

     (1)  Any overdue business or sales taxes;

     (2)  Public interest;

     (3)  Master Plan as approved by the Yap Islands Planning Commission;

     (4)  Manner in which the business has in the past been conducted; and

     (5)  The opinion of the magistrate of the municipality or, if applicable, of the chief of the island in which the proposed business is to be located as to its desirability.

     (b)  The Board shall send two copies of its decision and the reasons for such decision to the applicant and two copies to the Governor.

Source:  YDC 4381, as amended by YDL 5-16 1, modified.

Commission Comment:  The "Yap State Land Use Commission" is changed to "Yap Islands Planning Commission" pursuant to the provisions of section 101 of Title 20 (Planning and Economic Development) of this Code.

     108.  Processing fee.
     If an application for a license is disapproved, any fee paid to the Treasurer shall be refunded to the applicant, less a $3.00 processing fee.

Source:  YDC 4382, modified.

      109.  Revocation or suspension of licenses.
     A license issued pursuant to this chapter may, at any time, be revoked or suspended in the public interest, or when the licensee is delinquent in the payment of excise taxes under section 103 of Title 13 of this Code.  At least ten days notice must be given to the licensee that the Board will meet to consider the revocation or suspension of his license.  The licensee must be informed of the charges against him and given a reasonable opportunity to prepare and present his views in writing or orally to the Board before it makes any decision.

Source:  YDC 4383, modified.

Commission Comment:  Title 13 of this Code is on Taxation and Finance.

     110.  Judicial review.
     Any person aggrieved, or any taxpayer affected, by any decision of the Board may appeal to any appropriate court as provided by law.

Source:  YDC 4384, modified.

Cross-reference:  The statutory provisions on the Judiciary are found in Title 4 of this Code.