Title 11, Finance and Taxation

Any person who violates any provision of this Chapter or any rule or regulation promulgated pursuant thereto for which no specific penalty has been provided shall be guilty of a misdemeanor. ---------- ARTICLE 3 PETROLEUM SALE, ACCOUNTING AND INSPECTION SOURCE: This Article 3 add…

As used in this Article: (a) >API= means the American Petroleum Institute. (b) >API gravity= means the relationship expressed by degrees API equal one hundred and forty-one and five tenths divided by specific gravity at sixty/sixty degrees Fahrenheit, minus one hundred and thirty…

(a) Any petroleum product which is in a liquid state under conditions of seven hundred sixty (760) millimeters of Hg at sixty degrees (60°) Fahrenheit shall be measured in terms of the U.S. petroleum gallon; its multiple or decimal submultiples. (b) Any petroleum product which is…

(a) All petroleum products in the liquid state under atmospheric conditions shall be kept, offered, exposed for sale or sold in terms of U.S. petroleum gallons or SI liters. (b) All meters with a maximum rated capacity of twenty-five (25) gallons per minute or less shall be calib…

To the extent that any of the requirements of this Article are inconsistent with other provisions of this Chapter, the provisions of this Article supersede the inconsistent provisions. SOURCE: Added by P.L. 30-132:8 (Apr. 14, 2010). ---------- COL 06112010

This Chapter shall be known and may be cited as the Alcoholic Beverage Control Law. SOURCE: GC § 25000.

Unless the context otherwise requires, the definitions set forth in this part govern the construction of this Chapter. SOURCE: GC § 25001.

“Administrator” means the Alcoholic Beverage Control Administrator. SOURCE: GC § 25002.

“Alcohol” means ethyl alcohol, hydrated oxide of ethyl or spirits of wine. SOURCE: GC § 25003.

“Alcoholic beverage” means beer, distilled spirits or wine and every liquid or solid which contains one-half (1/2) of one per cent (1%) or more of alcohol by volume and which is fit for beverage purposes either alone or when combined with other substances. SOURCE: GC § 25004.

“Beer” means any beverage obtained by the alcoholic fermentation of an infusion or decoction of barley or other grain, hops and malt in water. SOURCE: GC § 25005.

A “caffeinated malt beverage” is a beverage containing at least five-tenths percent (.5%) alcohol by volume, which is either: (a) produced by a brewer, as defined in 26 U.S.C. § 5092, and to which is added, or infused with, caffeine and/or other stimulants, including, but not lim…

“Board” means the Alcoholic Beverage Control Board. COL 2025-04-22 SOURCE: GC § 25006.

“Case” means a standard box or carton as packed by the manufacturer, in which packages of alcoholic beverages are shipped or transferred. SOURCE: GC § 25007.

“Club” means an organization which operates an establishment for objects of an athletic, patriotic, political or social nature and not for pecuniary gain, having a bona fide membership list, the majority of members of which pay dues at least once in every year. SOURCE: GC § 25008…

“Distilled Spirits” means aggie, alcohol, brandy or whiskey and every product of distillation of any fermented liquid which is fit for beverage purposes. SOURCE: GC § 25009.

“General License” means a license to sell every kind of alcoholic beverage except alcohol. SOURCE: GC § 25010.

“Inspector” means a person in the service of the government under the supervision and direction of the Administrator and designated an inspector. SOURCE: GC § 25011.

“Licensee” means a person holding a license issued by the Board. SOURCE: GC § 25012.

“Manufacture” includes rectifying, packaging and labeling. SOURCE: GC § 25013.

“On-Sale License” means a license to sell alcoholic beverages for consumption on the licensee’s premises. SOURCE: GC § 25014.

“Off-Sale License” means a license to sell alcoholic beverages for consumption off the licensee’s premises. SOURCE: GC § 25015.

“Package” means a container used for holding alcoholic beverages which is corked or sealed. COL 2025-04-22 SOURCE: GC § 25016.

“Person” includes an association, business trust, copartnership, corporation, estate, firm, joint venture, receiver, syndicate or any other group or combination acting together or as a unit. SOURCE: GC § 25017.

(a) “Public Eating Place” means a place which is regularly used and kept open for the serving of meals to guests for compensation and which has suitable kitchen facilities connected therewith, containing conveniences for cooking an assortment of foods which may be required for or…

“Rectify” means color, flavor, mix or otherwise process distilled spirits. SOURCE: GC § 25019.

“Sell” includes: (a) Transferring title to alcoholic beverages by one person to another for any consideration but not the retransfer of title by the latter to the former. (b) Keeping or serving alcoholic beverages in connection with the sale or service of any other substance by o…

“Wine” means the product obtained from normal alcoholic fermentation of the juice of sound ripe grapes or other agricultural products containing natural or added sugar, with or without added brandy or other spirits, which contains not more than fifteen (15) per cent added flavori…

“Closed” means that the premise(s) shall be vacated by all persons immediately after the “authorized” hours of sale in § 3414 of this Title. In this Section, “all persons” does not include employees who may remain in the premises for the purpose of cleaning and maintenance. Secti…

“Alcohol employee” means a person employed by any on-sale or off-sale licensee who sells or serves alcoholic beverages, or who supervises others who sell or serve alcoholic beverages. This includes, but is not limited to, bartenders, waitresses, waiters, hostesses, hosts, cashier…

“Alcohol server/seller training program” means a classroom only educational program offered by a non-profit organization, an entity of the government of Guam, a community college, or a university that has been approved by the Administrator under regulations promulgated by the Boa…

(a) The Administrator, with the approval of the Board, may enter into an agreement with a non-profit organization, community college, or university with an authorized program to conduct an Alcohol Server/Seller Training program on behalf of the Board, to include: (1) verification…

All Class 4 on-sale establishments shall have a duly registered manager or assistant manager on the premises, in the absence of the licensee, and during the hours from 7:00 p.m. daily until closing. SOURCE: Added by P.L. 32-051:2 (July 5, 2013).

(a) The “Alcoholic Beverage Compliance Fees and Fines Fund,” (Fund), is hereby created, separate and apart from all other funds of the government of Guam. Monies deposited into the Fund shall not be commingled with other funds administered by the Department of Revenue and Taxatio…

“Tasting” or “Tastings” as used in § 3229.1 of this Chapter means sampling or drinking of wine or beer served by a business holding an Instructional Tasting License. SOURCE: Added by P.L. 37-128:2 (Oct. 11, 2024).

A “Tasting Event” or “Tasting Events” as used in § 3229.1 of this Chapter means an event hosted by a business holding an Instructional Tasting License where Tastings of wine or beer may be served and sealed wine or beer may be sold to attendees by the licensed business. SOURCE: A…

Except as authorized in this Title a person shall not import, manufacture or sell alcoholic beverages without a license. SOURCE: GC § 25100.

A person in possession of a stock of lawfully acquired alcoholic beverages following the revocation or voluntary surrender of, or failure to renew a license, may sell such stock, under supervision of the Board in such manner as the Board shall provide by regulation, to a licensee…

Upon receiving permission from the Board, a bank, trust company or other financial institution owning or possessing warehouse receipts for alcoholic beverages which warehouse receipts were acquired by such COL 2025-04-22 bank, trust company or other financial institution as secur…

Upon receiving permission from the Board, an insurer for losses to persons shipping alcoholic beverages may take possession and sell to licensees authorized to sell such alcoholic beverages any alcoholic beverages the containers of which have been damaged by fire or otherwise. Th…

A religious organization may import or receive into Guam sacramental wine for use in the religious rites of such religious organization without license. SOURCE: GC § 25104.

A consul general, consul or vice-consul of a foreign country may import or receive into Guam for private use and consumption, any alcoholic beverages without a license. SOURCE: GC § 25105.

A person arriving in Guam may bring with him not more than once every sixty (60) days for private use, and not for sale, alcoholic beverages not exceeding one (1) gallon in quantity without a license. SOURCE: GC § 25107.

The Board is authorized to issue the following classes and kinds of licenses at the following fees: Class 1. Manufacturer’s license $ 100.00 per year Class 2. Agent’s license $ 250.00 per year Class 3. Wholesale dealer’s license $ 1,000.00 per year Class 4. Retail dealer’s on-sal…

If the applicant applies for a license after the beginning of a fiscal year but during the first (1st) quarter of the year, he shall pay the full fee therefor. If he applies after the end of the first (1st) quarter and during the second (2nd) quarter he shall pay three-fourths (3…

(a) Except for a temporary beer license which the Board is authorized to issue for a period not exceeding three (3) days, the licenses specified in § 3207 of this Code shall be issued for an indefinite period, and existing licenses, although containing an expiration date, shall b…