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Guam Laws

Underage Drinking Laws
as of August 23, 2013
 
Law/Policy and Source Description Penalty
Responsible Alcohol Sales and Service Act
 
 
Source:
Public Law 32-051
Requires employees employed by any on-sale and off-sale licensee who sells or serves alcoholic beverages, or who supervises others who sell or serve alcoholic beverages to obtain an ABC Alcohol Employee License;
 
Requires standardized server/seller classroom training for employees who serve or sell alcoholic beverages, or who supervises others who sell or serve alcoholic beverages, to be a requirement for obtaining an ABC Alcohol Employee License.
 
 
Guam Social Host Act
 
 
Source:
Public Law 32-001
No person twenty-one (21) years or older shall knowingly give or otherwise make available any alcoholic beverage to a person under the age of twenty-one (21) years.
 
A person who gives or makes available an alcoholic beverage to a person under the age of twenty-one (21) with the knowledge that the person to whom the alcoholic beverage is made available will be in violation;
 
A person who owns, occupies, or controls premises on which alcoholic beverages are consumed by any person under twenty-one (21) years of age, and who knows of alcohol consumption by persons under twenty-one (21) years of age on such premises, and who reasonably could have prohibited or prevented such alcohol consumption.
 
Any person who violates this Section:
(1) shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year or both;
(2) in addition to the sentence referenced in (1) the court may require the violator to make restitution for any damages to property or a person caused by a violation of this and may require participation in volunteer service to a community service agency.
 
 
 
 
 
Prohibits sale of alcohol to any person under the age of twenty-one (21) years.
 
 
Source:
Public Law 30-156
A licensee, his agent or employee shall not sell, give nor permit to be sold, given or served any alcoholic beverages to any person under twenty-one (21) years of age Petty Misdemeanor
Prohibits persons under twenty-one (21) of age from purchasing or publicly possessing alcoholic beverages.
 
 
Source:
Public Law 30-156
Any person under the age of twenty-one ( 21) years of age purchasing or consuming alcohol beverages or in possession thereof shall be guilty of a petty misdemeanor.
 
This provision, with regards to possession of alcoholic beverages, does not apply to persons eighteen (18) to twenty (20) years of age who are performing paid work for and on behalf of a licensed establishment that provides alcohol.
Petty Misdemeanor
Prohibits minors using false identification for obtaining alcohol.
 
 
Source:
Public Law 30-156
Any person under twenty-one (21) years of age, who exhibits a false identification card or false document for the purpose of purchasing or obtaining alcoholic beverages, shall be guilty of a petty demeanor. Petty Misdemeanor
Designates areas within Guam Territorial Park System as “Alcohol Free Zones”
 
 
Source:
Public Law 30-65
Establishment of an Alcohol Free Zone.
Any person who possesses or consumes alcohol in an “Alcohol Free Zone” shall be in violation of this provision and shall be issued a citation and shall be punished.  All Territorial Park Patrol and Guam Police Officers shall have jurisdiction to enforce this provision of law.
1st violation – fine of not less than $150.00 and not more than $500.00
 
2nd violation – fine of not less than $250.00 and not more than $500.00
 
3rd violation – fine of not less than $350.00 and not more than $500.0
 
*In addition, a judge may impose any additional penalties, including requiring offenders to pay restitution to person(s) injured or for property damage.
Drug Free School Zones
 
Sources:
Guam Code Annotated: 17 GCA 48
Title 17.  Education
Division 5. Miscellaneous Training & Education
Chapter 48.  Drug Free School Zones
Public Laws 23-87 and 26-125
Offenses and Penalties
Public Law 24-149
Note:  There are no provisions indicating alcohol as a drug for the Drug Free School Zone Act.
Drug Free School Zones is any area within one thousand (1,000) feet of a public or private elementary, secondary or post secondary educational institution or its accompanying grounds; within the vehicle of any school bus which transports students while in motion; or within two hundred fifty feet (250’) of any school bus not in motion or a designated school bus stop or shelter, including any school bus transfer station.  Drug Free School Zones shall not include private real property which is not a school or the accompanying grounds of a school.
 
It is the responsibility of the schools, both private and public, to coordinate the establishment and designation of the drug free school zones, and shall place and maintain permanently affixed and plainly visible signs at the main entrances of each school which identify the school and its accompanying grounds as a drug free school zone and which outline the penalties associated with Drug Free School Zones Act; and must prepare a drug free school zone map for their respective jurisdiction and shall submit copies of the original maps to the Office of the Attorney General as well as to the Department of Land Management for purposes of record-keeping.
A person in violation that is eighteen (18) years and older is guilty of a Misdemeanor.
 
A person in violation that is under the age of eighteen (18) years is guilty of a petty misdemeanor.
Graduated Driver’s Licenses for New Drivers
Source:
Guam Code Annotated: 16 GCA 3
Title 16.  Vehicles
Chapter 3.  Graduated Drivers Licenses
Public Law 25-96
Note:  Federal Local indicates the Blood Content Alcohol for person under the age eighteen (18) year = 0.02%
All drivers under the age of 18 years must follow rules of the road and traffic signs and signals, must not have a blood alcohol content (BAC) that exceeds 0.02 (Zero Tolerance for Alcohol) at any time while driving, not be at fault in any collision and remain conviction free of all traffic and motor vehicle code violations.  
 
Young drivers are required to demonstrate responsible driving behavior in each stage of licensing before advancing to the next stage.
Learner’s permit holders: A person in violation with a learner’s permit shall not advance to the next stage of licensure for an additional period of six (6) months.
 
Intermediate license holders: A person in violation with an intermediate license shall not advance to the next stage of licensure for an additional period of six (6) months.
Safe Streets Act
 
Source:
Public Law 30-156
 
 
GCA Updated: 2009
Guam Code Annotated: 16 GCA 18
Title 16. Vehicles
Chapter 18.  Safe Streets Act
 
 
Note:  Guam’s Local indicates the Blood Content Alcohol for person under the age twenty-one (21) years = 0.04%
Influence of Alcohol and Controlled Substances; Causing Bodily Injury to Person Other Than Driver; Alcoholic Content in Blood; Proof.  (g)(1) Notwithstanding the other provision of this Section, a person under the age of twenty-one (21) shall be guilty of a violation if such person shall be found within three (3) hours of his or her arrest for a violation of this section to have four one-hundredths of one percent (0.04%) or more, by weight, of alcohol in his or her blood. Upon any subsequent conviction of the person while under the age twenty-one (21), the person’s license or permit to operate a motor vehicle shall be suspended for one (1) year with no exception for occupational driving privileges.
  Drinking While Driving a Motor Vehicle Upon Any Highway.  No person shall drink any alcoholic beverage or consume a controlled substance while driving a motor vehicle upon any highway. The penalties for violation of this section shall be guilty of a misdemeanor and be punished by imprisonment in the custody of Department of Corrections or Guam Police Department for not less than forty-eight (48) hours nor more than one (1) year and a fine of not less than $1,000 nor more than $5,000.
  Drinking in Motor Vehicle Upon Highway.  Any person who drinks any alcoholic beverage or consumes a controlled substance while in a motor vehicle upon a highway shall be guilty of a misdemeanor. A person in violation is guilty of a Misdemeanor.
  Possession of Opened Container in a Motor Vehicle.  Any person who has in his or her possession on his or her person, while in a motor vehicle upon a highway, any bottle, can, or other receptacle, containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed shall be guilty of a misdemeanor. A person in violation is guilty of a Misdemeanor.
  Storage of Opened Container.  A person shall be guilty of a misdemeanor if he or she is the registered owner of any motor vehicle, or the driver if the registered owner is not then present in the vehicle, keeps in a motor vehicle, when the vehicle is upon any highway, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or seal broken, or the contents of which have been partially removed, unless the container is kept in the trunk of the vehicle, or kept in some other area of the vehicle not normally occupied by the driver or passengers, if the vehicle is not equipped with a trunk.  A utility compartment or glove compartment shall be deemed to be within the area occupied  by the driver and passengers. A person in violation is guilty of a Misdemeanor.
Business Establishments that Sell Alcoholic Beverages to Host Social Events for Persons under Eighteen Years of Age.
 
 
Source:
Guam Code Annotated: 11 GCA 3
Title 11. Finance & Taxation
Chapter 3. Entry Forbidden
No person under eighteen (18) years of age shall enter an establishment where alcoholic beverages are consumed, unless such establishment is a public eating place.
Establishments may open their doors and allow for teen events; provided:  no beverages with any amount of alcoholic content are sold during the events; all teens entering the premises shall be checked to ensure that no alcoholic beverages are brought into the premises; the management of the establishment shall ensure that no alcoholic beverage is being consumed outside the premises which is under the direct control of ownership of the establishment; all lewd, pornographic pictures, objects and other paraphernalia not suitable for teens prior to opening its doors for teen events; must comply with all other statutes governing conduct of minors, who are defined as anyone under the age of eighteen (18) years old; identification marking (stamp) the individual is participating in teen events; provide adequate adult supervision and surveillance of such events; must acquire a business permit for conducting such teen events from the Department of Revenue & Taxation and remove or cover all pictures, objects and other related items exclusively for advertising alcohol or tobacco products.
A person in violation is guilty of a Petty Misdemeanor. In addition to any other penalty allowed by law, $500.00 fine and suspension of the establishment’s business license for a minimum of three (3) months.
Hours of Sale.
 
 
Source:
Public Law 30-154
Hours of Sale. On-Sale Premises. An on-sale licensee shall not sell or serve any person alcoholic beverages between the hours of 2:00 a.m. and 8:00 a.m., provided, however, that all alcoholic beverages must be consumed within fifteen (15) minutes of the time permitted for the sale thereof and premise(s) shall be closed no later than 3:00 a.m. thereafter. A licensee may begin selling or serving alcoholic beverages at 8:00 a.m., Monday through Sunday, inclusive.  
Penalties for Licensees.
 
 
Source:
Public Law 30-155
§3613. Same: Hearing, Penalties for Licensees.(a) The Board, upon receipt of the report required in §3612,
shall, as soon as practicable, hold a hearing on such report. (b) The Board shall impose a penalty on a licensee found guilty of violating any of the provisions of this Chapter amounting to One Thousand Five Hundred Dollars ($1,500.00) for the first offense; Two Thousand Five Hundred Dollars ($2,500.00) for the second offense; and Three Thousand Five Hundred Dollars ($3,500.00) for the third offense. For the fourth offense, the Board may impose a penalty of up to Ten Thousand Dollars ($10,000.00), but not less than Five Thousand Dollars ($5,000.00), and a forty-eight (48) hour suspension for every subsequent offense. Contingent on the severity of any violation, the Board may use its discretion and suspend or revoke the license of any licensee found guilty of violating any of the provisions of this Chapter.
 
(c) In addition to the aforementioned fines in Subsection (b), the Board shall suspend, for a period of not less than thirty (30) days and no more than ninety (90) days, the license of any licensee found guilty of violating §3413 of this Chapter as a second offense. The Board shall revoke the license of any licensee found guilty of
violating §34l3 of this Chapter as a third offense.
First Offense: $1,500.00
 
Second Offense: $2,500.00
 
Third Offense: $3,500.00
 
Fourth Offense: A penalty up to $10,000.00 but not less than $5,000.00 and a 48-hour suspension for every subsequent offense.
Source:
Guam Code Annotated: 11 GCA 26
Title 11. Finance & Taxation
Division 2. Taxes
Chapter 26. Business Privilege Law
Article 3. Alcoholic Beverage Tax
Public Law 27-104 (2004)
§26302.  Excise Tax on Alcoholic Beverages.
An excise tax is imposed upon all alcoholic beverages (except alcoholic beverages manufactured in Guam) sold in Guam by manufacturer, manufacturer’s agents, rectifiers or wholesalers or sellers of alcoholic beverages selling alcoholic beverages with respect to which not tax has been paid within areas of which the Federal government exercises jurisdiction at the following rates:

Beverage Type Tax Amount
Malted Fermented Beverage Seven Cents (0.07) per each twelve (12) fluid ounces or fraction thereof on all malted fermented beverages to be applied to the measure of the container in which it is offered for sale.
Distilled Beverage Eighteen Dollars ($18.00) per gallon on all distilled beverages to be applied to the measure of the container in which it is offered for sale; provided further that any fraction of One Cent ($0.01) shall be taken as a whole cent.
Vinous Beverages Four Dollars and Ninety-Five Cents ($4.95) per wine gallon on all vinous beverages to be applied to the measure of the container in which it is offered for sale; provided, however, that the tax levied by this Section shall be prorated in units of measure less than one (1) gallon; and provided, further, that any fraction of One Cent ($0.01) shall be taken as a whole cent.

Creation of Safe Homes, Safe Streets Fund.  There is hereby created in the Department of Administration a fund, separate and apart from other funds of the government of Guam, known as the “Safe Homes, Safe Streets Fund.”  This Fund shall not be commingled with the General Fund and shall be kept in a separate bank account.  The Safe Homes, Safe Streets Fund shall be expended on public safety and social programs that enforce alcohol regulations, reduce underage drinking, support traffic safety, reduce drug-related violence and abuse, an/or support community-based drug and substance abuse prevention programs at the Guam Police Department, the Guam Public School System, the Department of Public Health and Social Services, the Department of Youth Affairs, the Department of Mental Health & Substance Abuse and other agencies deemed appropriate by I Liheslaturan Guahan.  All expenditures of the Safe Homes, Safe Streets Fund shall be by appropriation by I Liheslaturan Guahan.  The Department of Administration shall report on a quarterly basis to the Speaker of I Liheslaturan Guahan the revenues collected and expended from this Fund.
Distribution of Excise Tax on Alcohol Beverages.  Fifty percent (50%) of all proceeds from taxes collected under this Section shall be deposited in the Safe Homes, Safe Streets Fund.  All remaining proceeds from taxes collected under this Section will be deposited in the Healthy Futures Fund.
 

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