Title 27 — Commerce and Trade

The purpose of this chapter is to provide for the licensing of businesses in the Territory of American Samoa in order that all the necessary and reasonable control and regulation thereof may be practiced by the government for the protection of the health, welfare, safety and mora…

As used in this chapter, unless the context clearly requires a different meaning the following definitions apply: (a) “Business” means and includes any activity or conduct (whether proprietary, partnership, corporate, or whatever form) engaged in, or caused to be engaged in, with…

Administration of this chapter may be delegated by the Governor to persons or departments as necessary for effective and efficient enforcement of this chapter. History: 1975, PL 14-4 § 2.

It is the duty of the Treasurer to perform the following functions as well as the other functions assigned by the Governor: (1) to insure compliance with all required prerequisites, including payment of the fee by any applicant for a license, and to issue the proper license to th…

All license applications must be submitted on forms prescribed by the Governor or Commission and must contain the following information: (1) name of business; (2) type of business to be conducted; (3) type of business organization; (4) names, ages, and residences of principals in…

Upon receipt of a fully completed application, the Treasurer shall forward the application to the Governor for review and approval. The Governor may in his discretion forward the license application to the Commission for review and recommendation. Upon final approval by the Gover…

(a) When an application for a business license is received by the Governor from a person who is not either an “American Samoan” or a “permanent resident” as designated in 41.0202, or in the case of a corporation when the majority stock is not owned by either of such persons, the …

The Governor may disapprove the application of any business license if in his opinion the issuance of a license: (1) would be contrary to the public policy of encouraging the development of business enterprises by Samoans; (2) would be contrary to the best interest of the public;…

All licenses and applicable endorsements must be issued on a calendar year basis regardless of when issued, and expire on 31 December of the year issued or renewed. History: 1975, PL 14-4 § 2; amd 1981, PL 17-24 § 2.

All original license fees shall be prorated in one-fourth of the annual fee charged for each quarter or portion of a quarter remaining in the term from the date of issuance. History: 1975, PL 14-4 § 2.

(a) A licensee may renew his license at the expiration thereof by payment of license fee and by filing with the renewal application an affidavit, subject to the penalties of perjury, that he has continued to comply with all of the prerequisites and qualifications provided by law …

Every license issued under this chapter is personal and shall be issued to the person or persons making the application therefor, and may not in any circumstances be transferred to any other person except upon the forfeiture of a tenancy or upon a foreclosure of a mortgage where …

When one person operates or conducts businesses in 2 or more locations in American Samoa, the person is required to obtain a license for each location. History: 1975, PL 14-4 § 2.

If any question of the classification of any business, conduct or activity arises pertaining to the type of class of license required under this chapter, the classification shall be made by the Commission upon review of all the facts presented to it and the classification shall b…

Any person who operates any business which consists of a combination of 2 or more of the classes provided in this chapter shall be required to take out a separate license for each classification. History: 1975, PL 14-4 § 2.

The provision of this chapter and the license requirements under this chapter do not apply to the following activities: (1) any business or trade engaged in or conducted by the government or the Government of the United States or for the sole or direct benefit of or under the dir…

No license may be issued unless the applicant has paid all fees and debts, except taxes, he may owe the government. The fees or debts must be clearly related to the operation of the business. This limitation may not be used for the purpose of collecting fees or debts owed to the …

Any license issued to a person which is based on information subsequently found by the Governor or Commission to be false, is subject to revocation after a due notice and hearing in accordance with the Administrative Procedure Act, 4.1001 et seq. The revocation is in addition to …

(a) No person may engage in business in American Samoa without a license issued under this chapter unless specifically exempted under 27.0216. (b) Any person who is required by this chapter to obtain a license or licenses and endorsements applicable thereto and refuses or fails t…

The Governor may not approve an application for a business license to maintain and operate a hotel unless it substantially meets the standards of the hotel at Goat Island Point (currently owned by the American Samoan Development Corporation) regarding: (1) sanitary conditions; (2…

The following annual business license fees are established: (1) alcoholic beverage establishments: (A) beer tavern $50 (B) alcoholic beverage license 75 (2) retail store, per business location 25 (3) wholesale store, per business location 25 (4) billiard and pool hall, per table …

When a business is first started, the fee must be prorated according to the length of time during which the business will have been in operation at the end of the calendar year, but not for a shorter period than 3 months. A discontinued business is not eligible for a refund. Hist…

The following license fees are established: (1) fund raising, per occasion, local, $5; (2) visiting of foreign entertainment groups, performing in public or in private, $100. History: 1963, PL 8-6; 1969, PL 11-49; amd 1981, PL I7-3 § l.

The administration and enforcement of 20.0232, 22.0208, 22.1002, 24.0701, 27.0240 and 27.0242 shall be the responsibility of the Treasurer of American Samoa. The Treasurer may delegate his responsibility under this section. History: 1967, PL 10-5.