Title 4, Economic Resources

Application Denial: Review. Where an application for license has been denied in accordance with 4 CMC § 5543, a person aggrieved by such a denial shall be entitled to a review of the decision by the Governor. Source: MIDC § 11.08.230. Commission Comment: See the comment to 4 CMC …

Conduct of Business. A licensee, whether manufacturer, wholesaler, or retailer, shall not encourage the consumption of alcoholic beverages, but shall confine his business to the supply of the demand for alcoholic beverages in a dignified manner in accordance with the intent of th…

Conditions of Premises. The board shall have the power to prescribe by regulation the arrangement, construction, equipping, lighting, and sanitary facilities of any premises as will provide a safe and sanitary premises with a sufficient lighting and orderly atmosphere. Source: MI…

Unauthorized Alcoholic Beverages: Possession and Offer for Sale Forbidden. A licensee shall not keep or offer for sale upon the premises any alcoholic beverages and/or untaxed items other than those in which he or she may deal by his/her license. This includes but is not limited …

Hours of Sale: On-Sale Premises. (a) An on-sale licensee shall not sell or serve any alcoholic beverages after two a.m. A licensee may begin selling and serving alcoholic beverages at nine a.m., and shall secure and close his or her business premises at two a.m., except as otherw…

Hours of Sale: Off-Sale Premises. An off-sale licensee shall not sell alcoholic beverages prior to seven a.m. and after ten p.m. Source: MIDC § 11.12.050.

Hours of Sale: Holidays and Special Events. The Governor shall have the discretion to change the hours of sale on holidays and special events. Source: MIDC § 11.12.060. Commission Comment: See the comment to 4 CMC § 5511.

Election Day: Sale Prohibited. (a) An on- or off-sale licensee shall not sell or serve alcoholic beverages on any island where an election is in progress during the hours when the polls are required by law to be opened for voting, except as otherwise provided. (b) The prohibition…

Sale to Intoxicated Persons Prohibited. A licensee and his employees shall not sell or give permission to be sold or give any alcoholic beverages to any person who is obviously intoxicated. Source: MIDC § 11.12.080. Commission Comment: See the comment to 4 CMC § 5511.

Sale to Minors and Persons without Identification Card Prohibited; Penalty; Defense. (a) No person shall sell, give, serve or permit his agent to sell, give or serve any person who is under the age of 21 years, and no person under the age of 21 years shall purchase, possess or co…

Consumption on Public Way Prohibited. A person shall not consume any alcoholic beverage on a public highway, road or within the premises of any public building while being used for government purposes. Source: MIDC § 11.12.100.

Refilling Distilled Spirits Container Prohibited. A licensee shall not refill any distilled spirit container with distilled spirits nor offer for sale or sell distilled spirits from a container that has been refilled. Source: MIDC § 11.12.110. Commission Comment: See the comment …

Restrictions on Transactions Between Licensees. A manufacturer, agent, or wholesaler of alcoholic beverages shall not: (a) Knowingly discriminate, directly or indirectly, in the same trading area in the price of any brand of alcoholic beverage sold to different retail licensees p…

Consumption by Licensee and Employees While on Duty Prohibited. No employee, owner, manager, or agent thereof of any licensed premises shall consume or be permitted to consume any alcoholic beverage while on duty on such premises. Source: MIDC § 11.12.130. Commission Comment: See…

Stacking Drinks Prohibited. No on-sale licensee, agent, or employee thereof shall serve more than one drink at any one time to any individual; provided that bucket sale of no more than six cans or bottled alcoholic beverages may be sold. Bucket sale specials must be served in a l…

Minors: Mixing Prohibited. A licensee, his agent, or employee shall not permit any person under the age of 21 years to mix any alcoholic beverages at any on-sale establishment. Provided further that, for purposes of this subsection, on-sale establishments may permit persons 18 ye…

Minors: Entering On-Sale Establishments; Prohibited. With the exception of restaurants, no person under 21 years of age shall be admitted or allowed to enter into any Class-3 On-Sale establishment whose primary business is selling alcoholic beverages, such as,: night clubs, bars,…

Minors: Permitting to Sell in Retail Off-Sale Premises Prohibited. No licensee who holds a retail dealer off-sale license, his agent or employee shall permit any person who is under the age of 18 years to sell or handle any alcoholic beverages. Source: MIDC § 11.12.170; amended b…

Minors: Permitting to Sell in Retail Off-Sale Premises; Penalty. Any violation of 4 CMC § 5567 is guilty of a misdemeanor and shall upon conviction, be fined not more than $1,000 and/or imprisoned for not more than one year, or both, and shall be required to perform not less than…

Composition; Terms; Chairman. The board shall consist of six members who shall be appointed by the Governor, with the advice and consent of the legislature, for terms of two years each, or until their successors are appointed and qualified. Rota and Tinian shall each have at leas…

Ineligibility for Membership. A person is not eligible for membership on the board who: (a) Is or becomes interested, directly or indirectly, in any business involving the importation, manufacture, or sale of alcoholic beverages; (b) Has not reached the age of 21 years; (c) Has b…

Disqualification and Removal of Members. The Governor shall remove any disqualified member whenever such disqualification shall appear. Source: MIDC § 11.16.030. Commission Comment: See the comment to 4 CMC § 5511.

Compensation. Every member of the board who is not in the service of the government for which he receives compensation shall be paid an amount to be determined by the Governor. Source: MIDC 11.16.040. Commission Comment: With respect to the reference to the Alcoholic Beverage Con…

License Powers. The board may license the importation, manufacture, and sale of alcoholic beverages and suspend, revoke and reinstate such licenses. Source: MIDC 11.16.050. Commission Comment: With respect to the reference to the Alcoholic Beverage Control Board, see Executive Or…

Regulations. The board shall make regulations not inconsistent with the provisions of this chapter and amend or repeal them as it deems necessary to carry out all intents of the provisions of this chapter and to enable it to exercise the powers and perform the duties conferred up…

Power to Require Licensee Records and Reports. The board may prescribe the character and manner of keeping books and records by licensees and the power to require such reports from licensees, common and private carriers and other persons as necessary to enable the board to exerci…

Power to Prescribe License Forms. The board shall prescribe the form for all applications for licenses or renewal of licenses and other papers it shall require including verification, and the information to be contained in such application and other papers. It shall prescribe the…

Appropriation of Licensing Fees and Civil Fines. (a) The Secretary of Commerce or his designee shall cause all licensing fees and civil fines received to be paid to the Commonwealth Treasurer. All licensing and application filing fees collected by the Department of Commerce, Alco…

Records. The board shall cause special records to be prepared of all its meetings, proceedings, and business including the number, class, and kinds of licenses issued, denied, suspended, and revoked, and moneys received and disbursed, which records shall be opened to public exami…

Vacancies. Vacancies shall be filled in the same manner in which the original appointments were made. Source: MIDC § 11.16.110.

Meetings. Meetings shall be held periodically, as conditions require, and shall be called by the chairman or the Governor. Source: MIDC § 11.16.120.

Procedure for Application Approval. All members shall have the opportunity to consider each license application and shall either approve or disapprove it. The chairman shall review the application first, sending it then to each of the members in turn. A simple majority of the mem…

Sampling Activity or Event. There shall be no limitation on the frequency of sampling activities or events. Sampling activities or events may be conducted at any on-sale or off-sale licensed establishment by the sampling licensee without any further restricting regulations and/or…

Procedures for Sampling. (a) No sample may be offered from more than four products at any one time. (b) No more than one bottle of each of the four products to be sampled may be displayed and opened at any one time. (c) Samples given shall not be more than 2 ounces for each produ…

Enforcement Powers. The Department of Commerce, Alcoholic Beverage and Tobacco Control Division, shall have all the powers of peace officers in the enforcement of the provisions of this chapter and the regulations of the department adopted under the provision of this chapter. Law…

Inspection Authority. (a) Department of Commerce, Alcohol Beverage Control Inspectors shall have the right at all times without notice and without legal process to visit and have immediate access to every part of the premises of every licensee for the purpose of making an examina…

Seizure: Authority. The Director of the Department of Commerce, Alcoholic Beverage and Tobacco Control Division shall have the power to seize and hold without legal process until an order of disposition is made by the court, the following: (a) Any alcoholic beverages manufactured…

Seizure: Report. Every person who seizes any alcoholic beverages, vehicles or other property subject to seizure under the provision of this Article shall file without delay a written report of the seizure with the Attorney General, with notice to the Director. Source: MIDC § 11.2…

Seizure: Forfeiture. (a) Upon receiving a written report of the seizure of alcoholic beverages, vehicles or other property subject to seizure under the provisions of this Article the Attorney General shall institute proceedings in the Superior Court and have the seized property d…

Seizure: Release and Return. Upon finding that any alcoholic beverages, vehicles or other property were erroneously or illegally seized, the court shall order the seized property released and returned to the person from whom the property was seized. Source: MIDC § 11.20.060;PL 17…

Disposition of Property Forfeited. (a) Unlicensed Manufacturer. The court shall order destroyed all alcoholic beverages forfeited by reason of adulteration, dilution or manufacture in the Commonwealth by other than a licensed manufacturer and distilled spirits in a container that…

Revocation of License: Causes. A licensee of any class may be revoked on any of the following grounds: (a) The continuation of a license would be contrary to the public interest; (b) The violation of, causing or permitting a violation of, or failure or refusal by a licensee to co…

Revocation or Suspension of License: Temporary. Upon the filing of a sworn written report with the Director or by an inspector setting forth pursuant to any grounds in § 5597 for the suspension or revocation of a license, the Director may temporarily suspend any license pending a…

Revocation or Suspension of License: Hearing. The Secretary upon receipt of the report required in § 5598 shall, as soon as practicable, hold a hearing on such report, and may suspend or revoke the license of any licensee found guilty of violating any of the provisions of this Ch…

Revocation or Suspension of License: Accusation. Without reference to the Director, any person may file an accusation with the Secretary against any licensee setting forth a ground for suspending or revoking a license. Source: PL 17-83 § 3 (September 23, 2012).

Civil Penalties and Fines. The Secretary upon determining that any licensee is guilty of violating any of the provisions of this Chapter may impose the following fines and penalties: (a) First Offense: a $1,000 fine; and a four hours mandatory attendance of ABTC Laws and Regulati…