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.

Any person desiring to secure the exclusive use of any print, label or trademark intended to be attached or applied to any goods or manufactured articles or to bottles, boxes, or packages containing the goods or manufactured articles to indicate the name of the manufacturer, the …

Before anyone may receive a certificate of the registration of a print, label, or trademark, he shall file in the Office of the Territorial Registrar an application for the registration of such print, label, or trademark, with a declaration, certified by the applicant, or, if the…

Upon receiving the application so accompanied and the payment of the fee, the Territorial Registrar shall cause the print, label, trademark or trade name to be recorded in a book kept for that purpose, and shall issue to the applicant or applicants a certificate of registration w…

(a) If any print, label, trademark, or trade name is not used by the applicant in accordance with the declaration for any period of three hundred and sixty-five consecutive days, the certificate of registration shall be subject to revocation. (b) Any person desiring such revocati…

Any person or persons claiming to be the owner or owners of a print, label, trademark, or trade name for which a certificate of registration pursuant to this chapter has been issued to any other person or persons may file in the Office of the Registrar an application for the canc…

Any person aggrieved by any action of the Registrar under this chapter in issuing a certificate of registration, or in revoking or canceling any such certificate, or in denying an application may commence proceedings to obtain judicial review in the High Court. The matter shall b…

There is created within the Department of Legal Affairs, a Bureau of Consumer Protection. The head of this Bureau is the Director, who has been admitted to practice law before the High Court. The Director is responsible to the Attorney General and shall devote his efforts to en-f…

(a) The Director shall: (1) coordinate the Consumer Protection activities of the Territory; (2) provide public education and awareness programs on consumer rights and remedies; (3) investigate consumer complaints filed with the Department of Legal Affairs; (4) prosecute criminal …

In lieu of instituting or continuing an investigation or civil action, the Director may accept written assurance of voluntary compliance from the persons suspected of violation. The Director may obtain the agreement of the affected consumers where possible. The fact that a person…

(a) A person who furnishes commodities or services to consumers for which a license is required from a department or a regulatory agency or a Board or Commission, without a license, commits a civil infraction and is subject to the penalty provided in subsection (b) of this sectio…

In a civil action initiated by the Director to collect civil penalties or to enjoin an unlawful act or practice, the court may grant restitution to a person who sustained damages as a result of the unlawful act and practice if the aggrieved consumer has filed a complaint with the…

Unless otherwise expressly provided, the remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of the Territory. History: 1984, PL 18-31 § 1.

Unless the context clearly requires otherwise: (1) “Alcoholic beverage” means beer, distilled spirit, wine, or liquor which contains eight percent or more of alcohol by weight and which is fit for beverage purposes either alone or when combined with other substances. (2) “Alcohol…

(a) There is established within the government an Alcoholic Beverage Control Board which shall consist of 7 members appointed by the Governor of American Samoa for terms of 2 years, except that the fifth, sixth and seventh initial appointees shall serve for one year only in order…

The Board has the following duties and responsibilities: (1) pursuant to the provisions and procedures of 4.1001 et seq.; (A) to promulgate rules necessary for control of the importation, sale and use of beer and alcoholic beverages in American Samoa and for the administration of…

The county council of any county may by regulation prohibit the establishment of alcoholic beverage vendor’s premises within the county. Any such regulation shall not take effect until it has been determined in writing by the Attorney General to be legally sufficient, has been ap…

No person may import or manufacture any alcoholic beverages or beer of any nature, or any malt syrup or malt extract, or have in his custody or possession, sell, give, receive or exchange any kind of beer or alcoholic beverage or keep such on any vessel or aircraft within the jur…

(a) No person may import, manufacture, or sell beer or alcoholic beverages without a license, but this section does not prevent a recognized religious organization from importing into American Samoa sacramental wine for use in religious rites without a license. (b) Beer vendor’s,…

Application for alcoholic beverage importer’s, alcoholic beverage vendor’s, beer importer’s, beer vendor’s, beer tavern, and alcoholic beverage licenses must be made on forms prescribed by the Alcoholic Beverage Control Board. History: 1963, PL 8-7; 1968, PL 10-43, amd 1984, PL 1…

(a) No license for the sale or importation of beer and alcoholic beverages may be issued by the Treasurer unless the application for such license has been approved by the Alcoholic Beverage Control Board. (b) Before approving or disapproving of any license, the Board shall make a…

(a) A beer tavern license shall authorize the licensee to operate a beer tavern and to sell beer for consumption on the premises only. (b) The beer tavern may serve food to customers, provide music, and permit dancing, provided that if dancing and music constitutes a nuisance in …

A beer vendor’s license shall authorize the licensee to sell beer for consumption off the premises, and at distances from the premises which the Board shall prescribe for each license. History: 1963, PL 8-7.

(a) A beer importer’s license shall authorize the licensee to import beer into American Samoa and to hold the same for sale to beer taverns, beer vending establishments or clubs. (b) A beer importer may, in addition to the importer’s license, also hold either a beer vending or be…

An alcoholic beverage vendor’s license shall authorize the licensee to sell alcoholic beverages for consumption off the premises at distances from the premises which the Board shall prescribe for each license. History: 1984, PL 18-53 § 9.

(a) An alcoholic beverage importer’s license shall authorize the licensee to import alcoholic beverages into American Samoa for sale to alcoholic beverage vendors, alcoholic beverage licensees or clubs. (b) An alcoholic beverage importer may in addition to the importer’s license,…

(a) A person holding an alcoholic beverage license shall be authorized to sell any alcoholic beverage by the drink except beer. (b) The licensee may serve food to the customers, provide music and entertainment, and permit dancing. (c) Each establishment which holds an alcoholic b…