American Samoa Administrative Code

It is the declared policy of the board in promulgating the rules set out in this chapter to implement the enforcement and administration of Chapter 27.05 A.S.C.A., and to protect not only persons consuming or purchasing alcoholic beverage but to provide for the safety, protection…

The alcoholic beverage control board will meet at least once a quarter at a time and place to be designated by the chairman. Special meetings may be called at the discretion of the chairman or at the request of at least 2 members of the board. At least 4 members of the board are …

All persons, whether an individual, a partnership, joint venture or similar entity, or a corporation, who are in compliance with all applicable laws and rules of American Samoa, are eligible for an alcoholic beverage license, beer tavern license, beer vendor’s license, beer impor…

Application for license will be processed according to the following procedures: (a) The applicant shall submit an application to the chairman of the alcoholic beverage control board on such form as is prescribed by the board. The form must be completed fully. (b) Upon receipt by…

The board shall consider all objections to issuance of the license. If, after consideration of all evidence presented at the public hearing, the board finds that issuance of a license will not be detrimental to the public interest or the health, safety, and welfare of the people …

The board may refuse any applicant if it has reasonable grounds to believe: (1) that the granting of a license in the locality set out in the application is not consistent with public interest or convenience; proposed location within 50 yards of any public school, private school …

Any license granted by the board shall be: (1) purely a personal privilege; (2) valid until suspended, or revoked by action of the board provided the annual license fees as required by 27.0211 and 27.0240 A.S.C.A., are paid. History: Alc. Bev. Con. Ed. Regs. eff prior to 1975, § …

The board does not contemplate that any person will be manufacturing beer, or alcoholic beverages in American Samoa for some time. Therefore, the board has not promulgated rules in relation to the manufacture of beer or alcoholic beverages. Should an application be received for m…

Licensees are at all times responsible for the conduct of their business and are at all times directly responsible for any act or conduct of any employee which is in violation of Chapter 27.05 A.S.C.A., or the rules of the board, whether the licensee is present at any such time o…

Regarding licenses which permit consumption of beer or alcoholic beverages on the premises, the licensee or an authorized representative capable of maintaining peace and good order shall be on the premises at all times the establishment shall be open for business. The individual …

Licenses issued under this chapter are non-transferable. History: Alc. Bev. Con. Bd. Regs. eff prior to 1975, § 4-03.

Any licensee desiring to change the location of his business must make application for such change to the board. Such application shall contain a statement that he owns or has proper lease on the premises and shall contain such other information as the board requires, including a…

If at any time hereafter it is made to appear to this board that any licensee or employee of any licensee has sold or permitted to be sold to any person under the age of 21 any beer or alcoholic beverage, or permitted a person under the age of 21 to be on the premises without his…

Beer vendors’ licenses and alcoholic beverage vendors’ licenses are for consumption off premises only and there shall be no alcoholic beverage or beer consumed within 50 yards of a licensed premises. History: Alc. Bev. Con. Bd. Regs. eff prior to 1975. § 4.06; and Rule 2-85, eff …

No licensee shall prohibit any person, authorized by the board or the commissioner of public safety, director of public works, or director of health, or their authorized representatives, to enter the premises of the licensee for purposes of making an inspection to determine wheth…

(a) Alcohol Beverage Vendors. If the premises for which an alcohol beverage vendors’ license is issued is not used exclusively for the sale of liquor, then a space upon said premises shall be set aside in a manner approved by the board exclusively for the display and sale of liqu…

A person must be 21 years of age or over to be qualified to purchase beer or alcoholic beverages. History: Alc. Bev. Con. Bd. Regs. eff prior to 1975. § 5.01.

The board may revoke or suspend any license if it finds or has reasonable grounds to believe that the licensee or any of his employees: (1) has violated any provision of Chapter 27.05 A.S.C.A., or any lawful rule promulgated by the board; (2) has made any false representation or …

The board shall furnish notice of hearing to suspend or revoke any license to the licensee or, in the event of the licensee’s absence from American Samoa, the person in charge of licensed premises, by personally serving a copy of the notice on the licensee or person in charge of …

No license shall be suspended without a hearing as provided for in this article unless the board determines that the public welfare requires emergency action, and incorporates such a finding in its order. Under this section the board may order a summary suspension of a license fo…

Any licensee who fails to appear before the board as directed to present a defense to the offense alleged after having been first given proper notice of contemplated suspension or revocation of his license by reason of an alleged violation of the law or rules, then the board may …

A licensee may be prosecuted for any violation of the law in addition to the penalties provided under this chapter. History: Alc. Bev. Con. Bd. Regs., eff prior to 1975, § 6.05.

The agency hearing procedures prescribed by 4.1025 through 4.1034 A.S.C.A., shall be followed in all proceedings before the board for the suspension or revocation of a license. History: Alc. Bev. Con. Bd. Regs. eff prior to 1975, § 6.06;and Rule ll-79,eff l3 Dec 79,§ 11.

“Import” means to bring into or cause to bring into American Samoa and, as used in this article, pertains to beer and alcoholic beverages. History: Alc. Bev. Con. Bd. Regs., eff prior to 1975, § 7.01.

Except as otherwise provided by this chapter and laws in effect in American Samoa, the im¬portation of any beer or alcoholic beverage into the territory of American Samoa is prohibited. History: Alc. Bev. Con. Bd. Regs. eff prior to 1975, 7-02; and eff 23 Oct 75.

Any person entering American Samoa may have in possession not more than 1 gallon of alcoholic beverage, provided that such beverage is unopened in the container in which it was retailed. History: Alc. Bev. Con. Bd. Regs, eff prior to 1975, § 7.03;and eff 23 Oct 75; Rule 3-76, eff…

The rule codified in this article is adopted under the authority of 27.0605 (3) and (15) ASCA. History: Rule 7-76, eff 19 act 76, § 1.

This article shall apply to all weighing and measuring devices that are commercially used or susceptible of commercial usage within the territory, except: (1) weighing and measuring devices used by the ASG; (2) weighing and measuring devices used by the federal government; and (3…

As used in this article : (1) “accurate” means a piece of equipment that meets the performance or value within the applicable tolerances and other performance requirements; (2) “commercially used”, “commercial usage”, and “commercial use” means both retail and wholesale transacti…

(a) Any person who sells or intends to purchase any weighing and measuring device for commercial use shall first inquire at the weights and measures branch to determine the suitability of the device for the intended use as approved by the director. (b) A hanging spring dial scale…

Weighing and measuring devices that are approved for suitability by the director shall be accurate and correct. History: Rule 7-76, eff 19 act 76, § 5; and Rule 4-87. eff 21 Apr 87.

The director shall within 90 days after 1 Oct of each year, or more often in his discretion, cause all devices or appliances used for the ascertainment of weight, length, or measure in connection with buying or selling, or with transporting or receiving for shipment any commodity…

Every merchant, corporation, or person using or having on his premises a device or appliance for use in the ascertainment of weight, length, or measure in connection with buying or selling, or with transportation or receiving for shipment any commodity offered for sale or to be o…

It shall be the duty of the director to keep a record of all scales, weights, and measures inspected and sealed by him, in which shall be stated the name and owner of the same, the date of inspection, fees received therefor, and whether or not they conform to the standard of the …

The director shall collect for each annual inspection of a weighing or measuring device, before delivering to the owner thereof a certificate that it is accurate and correct the following fees: (a) For scales: (a) For scales: (1) From 1 to 30 lbs. weight capacity $5.00; (1) From …

The director may, at the owner’s request, calibrate a weight or measure device, The minimum charge shall be $20; thereafter, $5 per hour. History: Rule 7-76, eff 19 Oct 76, § 10; and Rule 4-87, eff 21 Apr87.

The director shall deposit to the general fund of the treasury of American Samoa all fees collected pursuant to this article. History: Rule 7-76. eff 19 Oct 76. § 11; and Rule 4-87, eff 21 Apr87.

If any provision or part of a provision of this article, or the application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other provisions or applications of this article, and to this end the provisions of this article are declared to b…

The rule codified in this article is adopted under the authority of 27.0605(3) ASCA. History: Rule 6-76, eff 19 Oct 76, § 1.

This article shall apply to packages and to commodities in package form, but shall not apply to: (1) inner wrappings not intended to be individually sold to the customer; (2) shipping containers or wrapping used solely for the transportation of any commodities in bulk or in quant…

As used in this article : (1) “commodity in package form” means commodity put up or packaged in any manner in advance of sale in units suitable for either wholesale or retail sale; an individual item or lot of any commodity not in package form as defined in this section, but on w…

(a) A declaration of identity on a consumer package shall appear on the principal display panel, and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like. (b) A declaration of identity on a consumer package sha…

A declaration of identity on a nonconsumer package shall appear on the outside of a package and shall positively identify the commodity in the package by its common or usual name, description, generic term, or the like. History: Rule 6-76, eff 19 act 76, § 5.

(a) Any package kept, offered, or exposed for sale, or sold, at any place other than on the premises where packed shall specify conspicuously on the label of the package the name and address of the manufacturer, packer, or distributor. The name shall be the actual corporate name,…

Where this article requires that the quantity declaration be in terms of the largest whole unit, the declaration shall, with respect to a particular package, be in terms of the largest whole unit of weight or measure, with any remainder expressed in: (1) common or decimal fractio…

A declaration of net quantity of the commodity in the package, exclusive of wrappers and any other material packed with such commodity, shall appear on the principal display panel of a consumer package and, unless otherwise specified in this article (see 27.0628 through 27.0631),…

The term “net weight” shall be used in conjunction with the declaration of quantity in terms of weight; the term may either precede or follow the declaration of weight. History: Rule 6-76, eff 19 Oct 76, § 9.