Title 4, Economic Resources

Definitions. For the purposes of this chapter: (a) “Areca nut” is the seed of the areca palm that is commonly referred to as betel nut. (b) “Betel nut product” refers to any packaged item intended for individual retail sale that contains, consists of or is derived from the areca …

Prohibit the Offer or Sale of Betel Nut to Minors. (a) No person or business entity shall offer, give, sell or permit his/her employee or agent to sell, offer, or give betel nut to any person who is under the age of 18 (a minor). (b) Unless based on actual knowledge or reasonably…

License Required. Any person or business entity engaged in the importation or the sale of areca nut (betel nut) shall be required to obtain a license issued by the Department of Commerce, ABTC Division; provided that this section shall not be construed to supersede any other law …

License Fee. The license specified in 4 CMC § 51904 shall be issued by the Department of Commerce, Alcohol Beverage and Tobacco Control Division, upon application therefore, the license fee shall be $75 for a period of one year for both the importation and selling of areca nut (b…

Fees. No reduction. The license fee set forth in 4 CMC § 51905 shall apply to all applicants regardless of when during the calendar year the person or business entity applies. Source: PL 19-66 § 2 (Sept. 23, 2016), modified. Commission Comment: The Commission substituted “4 CMC §…

Power to Prescribe License Forms. The Department of Commerce, ABTC Division, shall prescribe the form for application for new license or renewal of license and other papers it shall require including verification and the information to be contained in such application and other p…

Payment of Fees: Revocation. The applicable license fee shall be payable on the day of the application for first time applicants, and on the renewal date for all others. Each license issued by the Department of Commerce, ABTC Division, shall be valid only for twelve calendar mont…

Appropriation of License and Application Filing Fees. All license and application filing fees collected by the Department of Commerce, ABTC Division, shall be allocated to that Division for the purpose of the administration of the areca nut (betel nut) licensing program. The expe…

Privileges: Limitations. A license is limited to the privileges conferred therein, and a licensee may not exercise any other privileges. Source: PL 19-66 § 2 (Sept. 23, 2016).

Licensees: Limitations. A license is limited to the premises for which it is issued and a licensee may not exercise the privileges conferred by the license at other premises. Applicants with more than one establishment must apply for a separate license for each additional establi…

Licenses: Issuance Restrictions. The Department of Commerce, ABTC Division, shall not issue a license to any applicant that falls into one of the following restrictions: (a) Real Party in Interest. The applicant is not the real party in interest. (b) Minors. The applicant is unde…

Disapproval of License Application. The Secretary of Commerce may disapprove an applicant for a license upon findings, through adequate investigation, that such refusal is in the public interest. Where an application for license has been denied pursuant to this section, the perso…

Required Signs. Any person or business entity which sells or permits to be sold on its premises areca nut (betel nut) shall clearly, continuously and conspicuously post signs reading "BETEL NUT SALE IS PROHIBITED TO PERSONS UNDER THE AGE OF 18" at the area where the betel nut is …

Conditions of Premises: Areca Nut (Betel Nut) Display; Labeling. (a) Display and Access Requirements. A person or business entity shall ensure that any areca nut (betel nut) are displayed in accordance with this section. Areca nut (betel nut) shall not be displayed openly or in a…

Enforcement Powers. The Department of Commerce, ABTC Division and the Commonwealth Health Care Corporation, Community Guidance Center, shall be responsible for the enforcement of this chapter, and may enter into a memorandum of understanding to coordinate their enforcement effort…

Inspection Authority. (a) The Department of Commerce, ABTC Division and the Commonwealth Health Care Corporation, Community Guidance Center, shall have the right to conduct inspections of business establishments licensed to sell areca nut (betel nut), without prior notice during …

Fines and Penalties. (a) Suspension or Revocation of License. The Secretary of Commerce shall have the power to suspend or revoke the license of any person or business entity that violates this chapter, as set forth below: (b) Fines and Penalties for Illegal Offer or Sales of are…

Appropriation of Fines and Penalties. All civil fines collected by the Department of Commerce, ABTC Division and the Commonwealth Health Care Corporation, Community Guidance Center, as a result of violations of this chapter, shall be allocated to the Commonwealth Health Care Corp…

Adoption of Regulation. The Department of Commerce shall have the authority to promulgate rules and regulations to implement and enforce this Chapter. These regulations may include, but are not limited to, reasonable application filing fees; specifications for required warning la…

Public-Private Cooperation; Nonprofit Assistance. (a) The Department of Commerce is authorized to enter into agreements with nonprofit organizations for the purpose of receiving financial assistance or in-kind contributions, including the provision of required warning labels, to …

Retailer Reporting and Tracking Requirements. (a) Retailers of betel nut products are required to both track the number of betel nut products sold on a monthly basis and provide that information to the Department of Commerce in the form of monthly sales reports. These reports mus…

Short Title. This chapter shall be known and may be cited as the “Motor Vehicle Rental Industry Act.” Source: PL 20-65 § 2 (Sept. 21, 2018), modified. Commission Comment: The Commission changed the capitalization of the section title pursuant to 1 CMC § 3806(f) and corrected punc…

Scope. This chapter shall apply to all persons in the business of renting or leasing rental or U-drive motor vehicles in the CNMI. Source: PL 20-65 § 2 (Sept. 21, 2018), modified.

Definitions. As used in this chapter: (a)(1) “Advertisement” means any oral, written, graphic, or pictorial statement or representation, including those made through any electronic or print medium. (2) “Advertisement” does not include telephonic communications. (b) “Damage waiver…

Required Valid Motor Vehicle Operator’s License. (a) No rental company shall rent or lease a rental or U-drive motor vehicle to any person(s) unless the person has on his/her person or in his/her immediate possession a valid picture operator’s license issued by the Commonwealth B…

Rental Agreements; Delivery to Secretary. No rental company shall offer a rental agreement or damage waiver unless a specimen of the rental agreement or damage waiver is delivered to the Secretary prior to its use. Source: PL 20-65 § 2 (Sept. 21, 2018), modified. Commission Comme…

Rental Agreements; Damage Waivers. (a) Each rental agreement that contains a damage waiver shall disclose, at a minimum, in plain language and in at least ten-point boldface type, the following information: (l) That the damage waiver is optional; (2) That the damage waiver entail…

Offers or Sales of Collision Insurance by Rental Companies. (a) The provisions in this chapter relating to or otherwise regulating the offer or sale of damage waivers shall apply to the offer or sale of collision insurance by rental companies. (b) For purposes of this chapter, co…

Additional Mandatory Charges Prohibited. The daily and periodic rental cost to the renter shall include the amount of each charge which is required as a condition to the rental other than those charges provided for in 4 CMC § 52011. The rental company shall disclose as part of an…

Rate Disclosure Requirements; Advertising. (a) Each rental company, and each officer, employee, agency, or other representative of the rental company, who states or permits to be stated the rental cost of a rental or U-drive motor vehicle in any advertisement, shall state conspic…

Rate Disclosure Requirements; Oral or Written Statements. Each rental company, and each officer, employee, agent, or other representative of the rental company, who makes any oral statement, excluding telephonic communications, or written statement of the rental cost of a vehicle…

License and Registration Fees. (a) Notwithstanding any law to the contrary, a rental company may visibly pass on to a renter: (1) The general excise tax attributable to the transaction; (2) The vehicle license and registration fee and weight taxes, prorated at 1/365th of the annu…

Commissions. (a) No rental company or officer, employee, agent, or other representative of the rental company shall pay or receive a commission for selling damage waivers, except as provided in subsection (b). Any violation of this section shall be an unfair or deceptive act or p…

Damage Waiver Statistics. Rental companies shall maintain records of the sale of damage waivers in a given year and amounts expended to repair damage to rental vehicles caused while the vehicles are subject to the damage waiver. Rental companies shall maintain all records reflect…

Posting Requirements. Except as provided in 4 CMC § 52022, each rental company who offers the damage waiver shall conspicuously display at the rental area of each rental location a notice, in plain language and printing, that includes all of the information in 4 CMC § 52006(a)(1)…

Pamphleting Requirements. Before the execution of a rental agreement, each rental company who offers a damage waiver option to a renter shall provide to the renter a pamphlet, written in plain language, that includes all of the information described in 4 CMC § 52006(a)(1)–(6). Th…

Acknowledgement by Renter. No rental company shall rent a motor vehicle or U-drive to a renter until the renter has acknowledged that the renter understands the information described in 4 CMC § 52006(a)(1)–(3), (5), and (6), and that restrictions or conditions apply. The acknowle…

Deposit or Advance Charge Prohibited; Payment for Damages to Rental Motor Vehicle. No rental company shall require a deposit or an advance charge against the credit card of a renter, in any form, for damages to a vehicle which is in the renter’s possession, custody, or control. N…

Notice and Posting Required Concerning Motor Vehicle Laws. Every rental company shall display at all times a sign or signs in a conspicuous place in the main rental area of all rental locations, written in plain language and in no less than ten-point type, that informs the renter…

Fuel Charges. (a) Except as provided in this section, refueling charges are prohibited. (b) Upon the renter’s return of the vehicle, if the amount of fuel remaining in the vehicle is less than the amount originally provided by the rental company, the rental company may charge the…

Unfair Trade Practices. Each rental company, and each officer, employee, agent, and other representative thereof, is prohibited from engaging in any practice constituting a violation of the Consumer Protection Act set forth at 4 CMC § 5101 et seq. The following shall be per se vi…

Application of Insurance Laws. (a) None of the provisions of this chapter shall apply to the issuance of collision insurance underwritten by an insurer authorized to transact property and casualty business in the CNMI; provided that the insurer is not a rental company as defined …

Exceptions to Posting Requirements. The posting requirements of 4 CMC §§ 52014 and 52018 shall not apply to a rental company who is a party to a commercial lease which prohibits all posting. Source: PL 20-65 § 2 (Sept. 21, 2018), modified. Commission Comment: The Commission chang…

Rental Agreements; Unpaid Traffic Infractions. (a) Pursuant to CNMI law and except for summons, citations, or violations relating to the care and maintenance of a rental motor vehicle, the rental company, as the registered owner of the rental motor vehicle, may be responsible for…

Power and Duties of the Secretary. The Secretary shall have the power and duty to adopt, amend, and repeal regulations in accordance with the Administrative Procedure Act to carry out the purposes of this chapter and to do all things necessary to carry out the functions, powers, …

Civil Penalties. Any person who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair and deceptive act or practice in the conduct of trade or commerce within the meaning of 4 CMC § 5105. Source: PL 20-65 § 2 (Sept. 21, 2018), …