YSC, Title 30.  Alcoholic Beverages
 
 
 
Chapter 2:  Alcoholic
Beverage Control Board

201.  Alcoholic Beverage Control Board.
202.  Alcoholic Beverage Control Board:  composition.
203.  Qualifications.
204.  Disqualifications.
205.  Vacancies.
206.  Chairman.
207.  Duties and powers.
208.  Meetings.
209.  Records and reports.
210.  Procedures for application approval and issuance of a license.
211.  Revocation and suspension of licenses.
212.  Criminal prosecution and penalties.

     201.  Alcoholic Beverage Control Board.
     There is hereby created an Alcoholic Beverage Control Board, hereinafter called the Board.

Source:  YDC 4410.

     202.  Alcoholic Beverage Control Board: composition.
     The Board shall consist of five members: four shall be appointed by the Governor, with the advice and consent of the Legislature, to serve for terms of two years each; and one shall be appointed by the Council of Pilung to serve for a term of one year.  All members appointed thereafter shall serve for two years. Members may be reappointed after their first term has expired.  The Governor shall designate one member as chairman.  Each member who is not an employee of the State Government shall be compensated at a rate not to exceed $5.00 per day for all official meetings of the Board which he attends.  Members who are State Government employees shall be granted administrative leave with pay while attending official meetings of the Board.

Source:  YDC 4411, as amended by YSL 3-63 2 and YSL 4-8 1, modified.

Commission Comment:  References to "District Administrator" are changed to "Governor".

     203.  Qualifications.
     A person is not eligible for membership on the Board who:

     (a)  Is not a resident of the State of Yap; or

     (b)  Has more than two percent (2%) ownership in any local establishment or business enterprise selling alcoholic beverages; or

     (c)  Has not reached the age of 30 years; or

     (d)  Has been convicted of a felony and has not been pardoned, or has a record of repeated convictions of misdemeanors associated with drunkenness.

Source:  YDC 4412, as amended by YSL 3-63 3, modified.

     204.  Disqualifications.
     The appointment of any Board member who, during the term of his appointment, fails to meet the qualifications for membership shall automatically be terminated.  Any member who is related by blood or by marriage to the degree of first cousin or closer to any person who is applying for a license or to renew a license must disclose this fact in writing to the Board and may not participate in any manner in the decision to grant or deny the application.  Should the operation of this section result in the Board being unable to obtain a quorum, the chairman may appoint a temporary member to participate in deliberation until a quorum of permanent members can again be obtained.

Source:  YDC 4413, modified.

     205.  Vacancies.
     Should any vacancy occur in the Board during the term of appointment, whoever appointed the member whose seat is vacant shall appoint a person to fill the vacancy.

Source:  YDC 4414.

     206.  Chairman.
     The chairman shall serve in that capacity for the duration of his term of appointment.  His duties shall include calling meetings and presiding over all meetings of the Board.

Source:  YDC 4415.

     207.  Duties and powers.

     (a)  The Board shall have the power to approve or disapprove any application for a license to sell alcoholic beverages and to suspend, revoke, and reinstate such licenses.

     (b)  The Board shall have the power to issue rules and regulations pursuant to the State Administrative Procedures Act, which rules and regulations, upon approval of the Governor, shall have the force and effect of law.

     (c)  The Board shall have the power to prescribe the character and manner of keeping books and records by licensees and the power to require such reports from licensees, common and private carriers and other persons as is necessary to enable the Board to exercise its duties and powers.

     (d)  The Board shall prescribe the form for all applications for licenses or renewal of licenses and other papers it shall require, including but not limited to, verification of the information contained in such application. It shall also prescribe the place for posting licenses by licensees.

     (e)  The Board shall, upon the approval of an application for license(s), authorize the Treasurer to issue the appropriate license and to deposit fees for such license(s) in the General Fund of the State of Yap.

     (f)  The Board shall, upon disapproval of an application for such license(s), authorize the Treasurer to return the fees for such license(s), minus the processing fee provided for in section 306 of this title.

     (g)  Each member of the Board shall have the right at all times and 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 the alcoholic beverage books, records, and the manner of conducting business, and the manner of the licensee during the hours in which the business is being conducted.

     (h)  The Board may delegate such administrative duties to the Director as may be necessary for effective and efficient enforcement of this title.

Source:  YDC 4416, as amended by YSL 3-63 4, modified.

Cross-reference:  Section 306 of this title is on payment and return of fee.

Commission Comment:  The "General Fund of the Legislature" is changed to the "General Fund of the State of Yap" pursuant to section 1211 of Title 13 (Taxation and Finance) of this Code.  Section 1211 of Title 13 establishes the General Fund of the State of Yap as the successor fund to, and replacement for, the General Fund of the Legislature.

     208.  Meetings.
     The Chairman of the Board shall have the power to call meetings of the Board, and four members shall constitute a quorum.  The Board shall meet at least biannually, and one meeting shall be held during the last week of September.

Source:  YDC 4417, as amended by YSL 3-63 5.

     209.  Records and reports.
     The Board shall keep records of all its meetings, proceedings, and business including the number, class, and kinds of licenses issued, suspended, or revoked.  These records shall be open to public examination.  The Board shall render a report to the Governor no later than 30 days prior to the end of each fiscal year, setting forth its activities for the preceding year, based on such records.
 
Source:  YDC 4418, modified.

     210.  Procedures for application approval and issuance of a license.

     (a)  Applications for the issuance or renewal of a license shall be submitted to the Treasurer together with payment of one year's license fee for the license desired.

     (b)  The Treasurer within seven days of the receipt of such application shall present the application to the Board.

     (c)  The Board shall meet to approve or disapprove any application for a license within 20 days after its receipt from the Treasurer.  All members of the Board present at a Board meeting shall have the opportunity to consider each license application and either approve or disapprove it, except as provided in section 204 of this chapter.  A majority vote of the quorum present shall prevail.

     (d)  The Board shall send one copy of its decision to the applicant and one to the Treasurer within five days of making its decision.

     (e)  The Treasurer within five days of the receipt of the Board's approval of an application for a license shall issue the license.

     (f)  Unless otherwise provided, all licenses approved and issued pursuant to this title shall be issued on a fiscal year basis regardless of when issued and shall expire on September  30 of each year for which it was issued or renewed.

Source:  YDC 4419, as amended by YSL 3-63 6, modified.

Cross-reference:  Section 204 of this chapter is on Board member disqualification.

     211.  Revocation and suspension of licenses.
     No license may be suspended or revoked until the Board has offered the affected licensee a public hearing on the proposed suspension or revocation, and has afforded the licensee such a public hearing if requested in writing by the licensee not later than five days after the licensee is notified of the proposed suspension or revocation, the grounds therefor, and the right to a public hearing. Such notice shall be given by posting the same in a conspicuous place inside the licensed premises affected, and if a public hearing is requested by the licensee, it shall be held within five days of receipt of the request by the Board chairman, and shall be held at a reasonable time and place and no sooner than 24 hours after the licensee is notified of the time and place by posting notice of the same in a conspicuous place in or at the entrance of the licensed premises affected. The Board may suspend or revoke a license on any of the following grounds:

     (a)  The continuation of a license would be contrary to the public interest.
 
     (b)  The violation of, the causing or permitting of a violation of, or the failure or refusal to comply with any provision of chapters 1 to 4 of this title or any regulation of the Board made pursuant to chapters 1 to 4 of this title by a licensee.

     (c)  The misrepresentation of a material fact by the licensee in obtaining or renewing a license.

     (d)  The conviction of the licensee of any crime involving moral turpitude.

     (e)  Delinquency by a licensee in the payment of excise taxes within the meaning of section 103 of Title 13 of this Code.

Source:  YDC 4420, modified.

Cross-reference:  Section 103 of Title 13 (Taxation and Finance) of this Code is on excise tax.

     212.  Criminal prosecution and penalties.
     The criminal prosecution of any person under the provisions of this title shall be in addition to and independent of the power and authority of the Board to suspend or revoke any license.  Unless provided otherwise by this title, any person who violates any provision of this title shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with the following standards:

     (a)  If any person is convicted of a first violation of this title, the person shall be guilty of a misdemeanor and shall be punished by a fine of $500.00 or imprisoned for not more than six months, or both.

     (b)  If any person is convicted of a violation of this title and the offense occurred within five years of a separate conviction of a violation of this title, that person shall be guilty of a misdemeanor and shall be punished by a fine of $750.00 or imprisoned for not more than six months, or both.

     (c)  If any person is convicted of a violation of this title and the offense occurred within five years of two separate convictions of a violation of this title, that person shall be guilty of a misdemeanor and shall be punished by a fine of $1,000.00 or imprisoned for not more than six months, or both.

     (d)  If any person is convicted of a violation of this title and the offense occurred (1) within five years of three, or more, separate convictions of a violation of this title, or (2) after five years of a conviction of a violation of this title, the punishment shall be double the amount of fine or term of imprisonment, or both, whichever was the offender. s last punishment pursuant to this section.

Source:  YDC 4421, as amended by YDL 5-60 3 and YSL 5-18 1, 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 (Crimes and Punishment) 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.