Title 22 — Business Regulation

As used in this Chapter: (a) Tout means the act of making payment to or receiving payment from a person or entity either directly or indirectly with the intent of having that person or entity direct customers to and/or detract customers from a particular vendor. (b) Park vendor m…

It is unlawful for any person or business entity to engage in touting with another person or business entity for the purpose of directing customers to and/or detracting customers from a particular vendor within any of the parks and recreation areas administered by the Department …

If a park vendor is found by the Department of Parks and Recreation to be in violation of § 52103 of this Code, the Department may revoke the permit of the vendor to operate within its authorized vendor spot after service of a written notice upon the vendor of the violation and a…

A park vendor who has lost the right to operate within its authorized spot of a park or recreational area for violation of § 52103 of the Government Code may appeal to the Parks and Recreation Commission, who shall conduct a hearing pursuant to administrative adjudication procedu…

This Chapter shall not apply to any public cemetery or to any cemetery owned or operated by any religious corporation, church, religious society or denomination or a corporation solely administering temporalities of any church, religious society or denomination nor shall it apply…

Cemetery authority as used in this Chapter, means any person, firm, association, organization, partnership, business trust, corporation or company who establishes, owns or operates any cemetery subject to this Chapter. SOURCE: GC § 49301.

An endowment care cemetery is one which has deposited in its endowment care fund the minimum amounts required by law and shall hereafter have deposited in its endowment care fund at the time of or not later than completion of the initial sale not less than the following amounts f…

In addition to the requirements of § 55103, any endowment care cemetery hereafter established shall also have deposited in its endowment care fund, the additional sum of fifteen thousand dollars ($15,000.00) before disposing of any plot or making any sale thereof. SOURCE: GC § 49…

The endowment care fund shall be kept separate and apart from all other cemetery funds. Separate records and books shall be kept of the endowment care fund. The amount to be deposited in the endowment care fund shall be separately shown on the original purchase agreement and a co…

Endowment care funds shall not be used for any purpose other than to provide through income only for the endowment care of the cemetery. SOURCE: GC § 49305.

The endowment care funds shall be invested, reinvested and kept invested in: (a) Bonds of the United States or of the government of Guam or any agency thereof; (b) First mortgages on improved real estate; COL120106 (c) To the extent to which shares or investment certificates are …

Every cemetery authority in charge of cemetery endowment funds shall file with the Director of Administration annually on or before April 1st a written report setting forth: (a) The number of square feet of grave space and the number of crypts and niches sold or disposed of durin…

The Director of Administration shall examine the endowment care funds of a cemetery authority: (a) Whenever he deems it necessary and at least once every five (5) years; (b) Whenever a cemetery authority fails to file the annual report required by this Chapter; (c) Whenever it is…

In making such examinations, the Director of Administration: (a) Shall have free access to the books and records relating to the endowment care funds, their collection and investment, and the number of graves, crypts and niches under endowment care; (b) Shall inspect and examine …

The Attorney General may bring an action in the name of the government of Guam against any person to restrain and prevent any violation of this Chapter. SOURCE: GC '47310.

Any person who shall intentionally violate any provision of this Chapter shall be guilty of a petty misdemeanor. Violation of any order or injunction issued pursuant to this Chapter shall constitute prima facie proof of a violation of this section. SOURCE: GC § 49311. Amended by …

It is the Guam Legislature’s intent to regulate any potential future establishment of manufacturing business in Guam whose primary purpose is to manufacture products intended for export to the United States of America and elsewhere. While the expansion of Guam’s economy to includ…

A business which manufactures a product intended primarily or in part for export beyond Guam is engaged in export-driven manufacturing for the purposes of this Chapter.

Export-Driven Manufacturing in Guam. Notwithstanding any other provision of law, the use of any individual who is not either a permanent resident alien, as defined by the Immigration and Naturalization Service and is in possession of valid documentation to that effect, or a citiz…

For purposes of this Chapter: (a) The term advertisement means a commercial message in any medium that aids, promotes or assists, directly or indirectly, a rental- purchase agreement. (b) The term agricultural purpose includes: (1) the production, harvest, exhibition, marketing t…

(a) Rental-purchase agreements which comply with this Act are not governed by the laws relating to: (1) a sale of a home under the Guam Homeowners' Warranties Act; (2) a consumer credit sale under the Guam Uniform Commercial Credit Code in Title 14 of the Guam Code Annotated; and…

(a) In General. The merchant under a rental-purchase agreement shall disclose in a clear and conspicuous manner to the consumer the information required by §§ 57104, 57105 and 57106 of this Chapter. In an agreement involving more than one (1) merchant, only one (1) merchant is re…

For each rental-purchase agreement, the merchant shall disclose to the consumer, to the extent applicable, under the agreement the following: (a) the total amount of the first periodic payment and the total amount of advance payments, delivery charges, trade-in allowances, fees, …

Each item of property displayed or offered in connection with a rental- purchase agreement shall have stamped or affixed to the property a card, tag or label that clearly and conspicuously discloses only the following: (a) whether the property is new or used; (b) the price of the…

(a) In General. Each rental-purchase agreement shall: (1) provide a brief description of the rented property sufficient to identify the rented property to the consumer and merchant. (If a rental is for multiple items of property, a description of each item may be provided in a se…

A rental-purchase agreement or any document that the merchant requests the consumer to execute may not contain: (a) a confession of judgment; (b) a negotiable instrument; (c) a security interest or any other claim of a property interest in any goods, except those goods the use of…

A merchant shall provide the consumer a written receipt for each payment made by cash, check or money order, the date, the total number of rental payments made and the total number of payments necessary to acquire ownership of the property.

A renegotiation of a rental-purchase agreement is deemed to be a new agreement for purposes of this Chapter, requiring new disclosures under §§ 57104 and 57106. A renegotiation shall be considered to occur when an existing rental-purchase agreement is satisfied and replaced by a …

(a) Advertisements. If an advertisement for a rental-purchase agreement refers to, or states, the amount of any payment or the right to acquire ownership, the merchant that makes the advertisement shall also clearly and conspicuously state in the advertisement the following items…

(a) Liability Amount. Except as otherwise provided in this Chapter, a merchant who willfully violates this Chapter with respect to a consumer is liable to the consumer in an amount equal to the following: (1) in an action by an individual consumer, the sum of: (A) actual damages …

A merchant is not liable: COL120106 (a) for any violation of the requirements of this Chapter if within sixty (60) days after discovering the violation, and before an action is filed against a merchant or written notice of the violation is received from the consumer, the merchant…

(a) Assignees. For purposes of §§ 57111 and 57112 and this Section, the term >merchant= includes an assignee of a merchant. However, an action under § 57111 for a violation of this Chapter may be brought against an assignee only if the violation is apparent on the face of the ren…

No civil liability or criminal penalty under this Chapter may be imposed on the United Sates or any of its departments or agencies, any territorial or political subdivision, or any agency of the territory or political subdivision. ---------- COL120106 COL120106