Title 4, Economic Resources

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…

Criminal Prosecution. The criminal prosecution of any person under the provision of this Chapter shall be in addition to and independent of the power of the Director or Secretary to suspend or revoke any license and impose a fine. Source: PL 17-83 § 3 (Sept. 23, 2012); PL 19-15 (…

Criminal Penalty for Violations. Any person who violates, causes or permits a violation or fails or refuses to comply with any provision of this chapter or any order or regulation of the Alcohol Beverage and Tobacco Control Division not inconsistent with the provision of this cha…

Penalty for Violations: Minors Purchasing Distilled Spirits and other Alcoholic Beverages. Any person under the age of 21 years purchasing alcoholic beverages in the form of distilled spirits or is in possession thereof, including purchasing and in possession of any other alcohol…

Chapter Applicability. Unless otherwise specified the provisions of this chapter apply to all banks and banking. Source: PL 3-104, § 600.

Interest on Accounts. A bank may maintain deposit accounts and pay interest on balances therein at rates which need not be uniform. Source: PL 3-104, § 601.

Payment of Items. So long as the balance in any account subject to withdrawal by or upon the order of a depositor equals or exceeds the amount of any item presented for payment, a bank may select from items which in the aggregate exceed the balance, the items to be paid in any or…

Transactions Outside Regular Banking Hours or on Holidays. Nothing in any law of the Commonwealth shall in any manner whatsoever affect the validity of or render void or voidable, the payment, certification, or acceptance of a check or other negotiable instrument or any other tra…

Deposit of Minor; School or Institutional Deposits. (a) A bank may operate a deposit account in the name of a minor or in the names of two or more persons, one or more of whom are minors, with the same effect upon its liability as if the minors were of full age. (b) Subject to su…

Deposits in Two Names. (a) When a deposit has been made or shall hereafter be made, in any bank in the names of two persons, payable to either, or payable to either or survivor, the deposit, or any part thereof, or any interest or dividend thereon, may be paid to either of the pe…

Deposits in Trust. (a) Whenever any deposit is made in any bank by any person in trust for another, and no other or further notice of the existence and terms of a legal and valid trust has been given in writing to the bank; in the event of the death of the trustee, the same, or a…

Final Adjustment of Statement of Account. (a) When a statement of account has been rendered by a bank to a depositor accompanied by vouchers, if any, which are the basis for debit entries in such account, or the depositor’s passbook has been written up by the bank showing the con…

Adverse Claim to Bank Deposit. Notice to any bank of an adverse claim to a deposit standing on its books to the credit of any person shall not be effectual to cause the bank to recognize the adverse claimant unless the adverse claimant shall also either procure a restraining orde…

Powers of Attorney. (a) A bank may continue to recognize the authority of an attorney authorized in writing to operate, in whole or in part, the account of a depositor, until it receives written notice of the revocation of his authority. (b) Written notice of the death or adjudic…

Payment from Account When no Executor or Administrator has Qualified. (a) Where no executor or administrator of a deceased depositor has qualified and given notice of his or her qualifications to a bank, the bank may in its discretion and at any time after 30 days from the death …

Transmitting Money: Foreign Exchange. (a) Any bank may accept money for transmissions and may transmit money. (b) Any bank may buy and sell foreign exchange to the extent necessary to meet the needs of customers. Source: PL 3-104, § 611.

Dormant and Inactive Accounts and Unclaimed Funds. (a) A bank account shall be considered inactive as follows: (1) A savings account shall be considered inactive if no deposits or withdrawals are made to/from the account for a period of twenty-four months since the last transacti…

Disclosure Requirement. (a) Each retail bank shall comply with the federal Truth in Lending Act (15 U.S.C. §§ 1601 et seq.) and all laws obligatory on the Commonwealth. (b) Reporting. Banks operating in the CNMI shall prepare a report to the CNMI Treasurer and the Department of C…

Fees and Other Charges. Fees and other charges assessed by a retail bank for depositor and other customer services shall be made available to the depositor or customer. Source: PL 3-104, § 614.

Definitions. As used in this article: (a) “Lessee” means a person contracting with a lessor for the use of a safe deposit box. (b) “Lessor” means a bank, trust company, or subsidiary renting safe deposit facilities, and includes a safe deposit company organized and operating unde…

Authority to Engage in Leasing Safe Deposit Facilities: Subsidiary Company. (a) Subject to such regulations as the director may prescribe, a bank, trust company or safe deposit company may maintain and lease safe deposit boxes and may accept property or documents for safekeeping …

Access by Fiduciaries. Where a safe deposit box is made available by a lessor to one or more persons acting as fiduciaries, the lessor may, except as otherwise expressly provided in the lease or the writings pursuant to which such fiduciaries are acting, allow access thereto as f…

Effect of Lessee’s Death or Incompetence. Where a lessor without knowledge of the death or of an adjudication of legal incompetence of the lessee, deals with his agent pursuant to a written power of attorney signed by the lessee, the transaction binds the lessee’s estate and the …

Lease to Minor. A bank may lease a safe deposit box to, and in connection therewith deal with, a minor with the same effect as if leasing to and dealing with a person of full legal capacity. Source: PL 3-104, § 624.