Guam Administrative Code

§9106. Ratification, Termination, or Cancellation of Contract to Comply with the Law. (1) Remedies After an Award. If after an award it is determined that a solicitation or award of a contract is in violation of law, then: (a) if the person awarded the contract has not acted frau…

§9107. Interest. Interest on amounts ultimately determined to be due to a contractor or the territory shall be payable at the statutory rate applicable to judgements from the date the claim arose through the date of decision or judgment, whichever is later (5 GCA §5475 of the Gua…

§9108. Waiver of Sovereign Immunity. (a) Waiver of Sovereign Immunity in Connection with Contracts (5 GCA

§9109. Time Limitations on Actions (5 GCA §5481 of the Guam Procurement Act.) (1) Protested Solicitations and Awards. Any action under §9108(a) (Waiver of Sovereign Immunity in Connection with Contracts, Solicitation and Award of Contracts) of these Regulations shall be initiated…

§ 2101. Introduction. The following regulations consolidate and add to those previously promulgated by the Alcoholic Beverage Control Board under the provisions of 11 GCA § 3511. They provide necessary controls in the licensing, operation and conduct of businesses that are sellin…

§ 2102. Definitions. For the purposes of this Chapter, except as otherwise specifically provided, the following shall have the meaning prescribed in this Section: (a) Board means the Alcoholic Beverage Control Board, as provided pursuant to § 3106 of Chapter 3 of Title 3, Guam Co…

§ 2103. Applications. (a) Applications for any Alcoholic Beverage Control license or transfer or any license authorized under 11 GCA Chapter 3, shall be submitted upon proper forms approved by the Board and furnished by the Alcoholic Beverage Control Administrator; (b) Each appli…

§ 2104. Qualifications of Prospective Licensees. (a) Prior to the Board considering an application for an alcoholic beverage control license, a thorough investigation into the applicant's background will be conducted by the Alcoholic Beverage Control Administrator. The Board will…

§ 2105. Premises Qualifications. (a) Prior to the Board considering an application for an alcoholic beverage control license, the Alcoholic Beverage Control Board will require the Administrator to conduct an inspection of the premises to determine that they meet the requirements …

§ 2106. Transfer of Licenses. (a) Where a license has been issued to or in the name of a partnership, no substitution, addition, removal or other change to the licensed partnership shall be made until the proposed change has first been considered by the Board upon application for…

§ 2107. Responsibilities of the Licensee. (a) It shall be the responsibility of a licensee to notify the Administrator in writing of any and all changes in licensed business ownership, management, agents or any other changes which materially affect or modify the data on file and …

§ 2108. Employee’s Responsibilities. (a) Employees of an On-Sale licensee, engaged in the mixing and/or the serving of alcoholic beverages, shall not engage in dancing while on duty or scheduled for duty as per posted schedule with the premises. (b) Individuals of questionable re…

§ 2109. Administrator’s Responsibilities. 6 ( a ) It shall be the responsibility of the Alcoholic Beverage Control Administrator to enforce the provisions of these regulations and make timely reports of violations to the Board. (b) If it is discovered by the Administrator that an…

§ 2110. Responsibilities in the Employment of Minors as Entertainers. (a) Minor entertainers or minor members of a group must be represented by an adult and a responsible adult shall accompany all minors after the legal curfew hours. (b) The individual or group must be properly l…

§ 2111. Miscellaneous Provisions. (a) All General On-Sale Licensees shall register or cause to be registered with the Alcoholic Beverage Control Administrator anyone employed as a manager or assistant manager, within seventy-two (72) hours after employment and the proper Alcoholi…

§ 2112. Responsibilities of Alcohol Server/Seller Training Programs. (a) No alcohol server/seller training program shall offer or conduct alcohol server/seller training classes until they have received written approval from the Administrator. (b) All alcohol server/seller trainin…

§ 2113. Responsibilities of Alcohol Server/Seller Training Programs. (a) No alcohol server/seller training program will offer or conduct alcohol server/seller training classes until they have received written approval from the Administrator. (b) All alcohol server/seller training…

§3101. Authority. The within rules and regulations are in implementation of, and issued Ch. 3 - Cockpit License Board Art. 1 - General - 1997 - p. 1 3 GAR - Business Regulations pursuant to, Chapter 39, Title 22, Guam Code Annotated.…

§3102. Board. As used herein, the term Board means the Cockpit License Board.

§3103. Communications. Communication should be addressed to: Chairman, Cockpit License Board Department of Revenue & Taxation Government of Guam Agana, Guam 96910.

§3104. Department of Revenue & Taxation. As provided by Executive Order 8-59 and law, the Board is attached to the Department of Revenue & Taxation for logistic support and the Director of Revenue & Taxation shall furnish the Board with such facilities as are necessary for its op…

§3105. Executive Secretary. The Executive Secretary shall maintain all records and files of the Board, attend all meetings and perform all other functions herein provided and as directed by the Board.

§3106. Meetings. The Board shall meet at such times as the Board shall decide, or at the call of the Chairman. Two (2) members, including the Chairman, shall constitute a quorum. Two (2) affirmative votes shall be necessary to take any action. Minutes shall be kept of all meeting…

§3107. Annual Report. The Board shall, by August 1 of each year, submit an annual report to the Governor with respect to the fiscal year ending June 30. The report shall include, but not be limited to, the following items: (a) A list of all cockpit licenses issued or terminated; …

§3200. Licenses, Eligibility of Bidders, Persons and Corporations. (a) No person is eligible to bid for a cockpit license, or to be awarded or issued any such license or renewal thereof, who: (1) Is not a citizen of the United States; (2) Has not reached the age of twenty- one (2…

§3201. Prohibition. No license shall be issued to any bidder, nor shall a renewal of a license be Ch. 3 - Cockpit License Board Art. 2 - Licensing - 1997 - p. 5 3 GAR - Business Regulations granted to any licensee, who holds another current license, either individually or with ot…

§3202. Real Parties in Interest. All bids for licenses shall be submitted by, and all licenses, including renewals thereof, shall be issued to, the real party or parties in interest. Whenever the term bidder or licensee is used in these rules and regulations, it shall also apply …

§3203. Bid Requirements: Amara License. Each bid for an Amara License (cockfights in which cocks have knives attached to the spurs) shall be submitted in a sealed envelope, using either the prescribed Bid Form Appendix No. 2 for individuals, or the prescribed Bid Form Appendix No…

§3204. Same: Balentia License. [2.3.1] Each bid for a Balentia License (cockfights in which cocks do not have knives attached to the spurs) shall be submitted in a sealed envelope, using the prescribed Bid Form Appendix No. 2B [not submitted] and shall be accompanied by the follo…

§3205. Submission of Bids. [2.4] Bids and accompanying required items as set forth in 3 GAR §3203. shall be submitted by the bidder to the Executive Secretary personally. No bid shall be submitted directly to the Chairman or any other member of the Board. No bid shall be received…

§3206. Improper Bids. No bid will be received which does not comply with the requirements of law and the rules and regulations of the Board, and if erroneously received, will not be considered in awarding a license.

§3207. Withdrawal of Bid. No bid may be withdrawn after the opening.

§3208. Payments. (a) Amara License. Within one hundred fifty (150) days after award of the amara bid, the successful amara bidder shall make payment of any balance due, either in cash or by certified check, after application of deposit required by 3 GAR §3203(b) hereof. Upon fail…

§3209. Issuance of License. Licenses shall be issued only upon payment in full of the amount of the bid.

§3210. Commencement of Term of License. The two-year term of each license shall commence upon the date of issuance, provided that the Board may grant one or more extensions of the commencement date, not to exceed thirty (30) days in the aggregate, to enable the licensee to qualif…

§3211. Failure to Qualify Acceptable Cockpit. If the successful bidder of the amara license fails to qualify an acceptable cockpit, pursuant to 3 GAR §§3213 and 3214 within six (6) months after being notified to his successful bid, the award may be cancelled if after hearing the …

§3212. Commencement of Operation. Operation of a cockpit may not be commenced until authorized by the Board after a determination that the cockpit is qualified as acceptable. Before issuing the authorization the Board shall inspect the site and the completed cockpit.

§3213. Plan. Upon awarding of a license, the licensee shall submit to the Board a plan of the proposed cockpit showing: (1) Design and location of the cockpit; (2) Type and location of sanitary facilities; (3) Size and location of parking facilities; (4) Such additional informati…

§3214. Requirements. In order for a cockpit to qualify as adequate, it must meet the following requirements: (a) The cockpit must be adequately roofed and be structurally sound in accordance with the Building Law as certified by the Building Official; (b) Separate toilet faciliti…

§3215. Renewal. A renewal, pursuant to 22 GCA §39109, may be awarded by the Board, with the approval of the Governor, upon the application of the licensee, filed not sooner than sixty (60) days and not later than thirty (30) days prior to expiration of the current license, upon a…

§3216. Issuance of Renewal License. After the Governor's approval of an award of renewal by the Board, the licensee shall make payment of an amount equal to the amount of the original bid, either in cash or by certified check not later than five (5) days prior to expiration of th…

§3217. Transfer of Licenses. Licenses may be transferred, either in whole or in part, and whether absolutely or otherwise, only after prior approval by the Board and only to persons who or Corporations which are eligible to bid for and be issued a license. All transfers must be r…

§3218. Transfer of Location of Cockpit. A cockpit may be relocated, within the same municipality, village or area for which the license was issued, upon approval by the Board and upon compliance with 3 GAR §§3213 and 3214 as to plans and requirements.

§3219. Prohibitions. (a) No licensee may operate in any municipality, village or area other than that authorized by his license or in any cockpit or elsewhere other than in a cockpit authorized pursuant to 3 GAR §3212. (b) No licensee may permit any other person to operate under …

§3220. Responsibility of Licensee. (a) Each licensee shall be responsible for the operation of his cockpit in accordance with the provisions of law and the rules and regulations of the Board, in an orderly manner and in such fashion that it will not constitute a nuisance or traff…

§3221. Objectionable Persons. Intoxicated or disorderly persons shall not be permitted to remain on the premises of a cockpit.

§3222. Report of Violations. Licensees shall promptly report to the Board any evidence of a violation of §164.40, Criminal and Correctional Code of Guam or any other violation of law or the rules and regulations of the Board.

§3223. Taxes. All licensees must keep current in the payment of all taxes due the government of Guam arising out of the operation of cockpits. No license will be issued to any person or corporation delinquent in any such taxes. No renewal of a license will be granted to any licen…

§3224. Notification of Cockfights. The licensee must notify the Department of Public Safety forty- eight (48) hours in advance of the holding of any cockfights on any other day except Sunday.

§3225. Cockfights; When Held. Under §39110 of Title 22, Guam Code Annotated, cockfights may be held on Sundays, legal holidays or church holidays. Church holidays are defined as comprising all holydays of obligation in Guam of the Catholic Church; and in addition, in connection w…