Guam, 5. November 2002 : Alkoholgenuss ab 21 Jahren erlaubt

Proposition A

Title: An Act to Raise the Minimum Age for Consumption and Purchase of Alcoholic Beverages to 21 Years of Age

Summary: A statute that mandates that it shall be illegal for any person to sell or give any alcoholic beverages to persons under 21 years of age. The Act also makes it illegal for individuals under 21 years of age to purchase or possess alcoholic beverages or to enter establishments where alcoholic beverages are consumed. The proposed measure also prohibits issuance of an on-sale liquor license for premises located within a distance of 500 feet from any church, hospital or school where persons under the age of 21 are taught.

The act would change Sections 3303, 3306, 3409, 3410, 3419, 3420 and 3619 to Article 3, Article 4 and Article 6, Chapter 3 of Title 11, Guam Code Annotated to read:

Section 3303: Minors. The Board shall not issue a license of any class to a person under 21 years of age.

Section 3306: Near Church, Hospital, School. (a) The Board shall not issue an on-sale license for premises located within a distance of 500 feet under the age of 21 are taught, the measurements to be taken in a straight line from the center of the nearest entrance to the building used as such church, hospital or school to the center of the nearest entrance of the premises for which a license is applied; except that the provisions of this section shall not prohibit the renewal of any valid on-sale license previously issued and in effect at the time of a subsequent construction or establishment of such church, hospital or school within 500 feet of such licensed premises, and provided that such licensed premises shall not subsequently be added to or enlarged; and provided that an on-sale beer license coming under this exception shall not thereafter be issued a general on-sale license.
(b) Exception. Notwithstanding the provisions of Subparagraph (a) of this section, the Board may issue an on-sale license for premises located within a distance of 500 feet from any church, hospital or public or private school of general education where persons under the age of 21 are taught, if the Board finds that the premises to be licensed are such that would not disturb the church services, or the hospital patients, or the school students, or detract from the peace and quiet of the neighborhood, and that the general benefit to the territory at large by the licensing of such premises would outweigh any benefit to be derived from a strict enforcement of the prohibition. No such exception may be made if the presiding official of the church, hospital or school within the 500 feet distance does not consent in writing to the waiver of such prohibition.

Section 3409: Minors: Employment Forbidden. A licensee shall not employ any minor under the age of 21, in or about that portion of the premises which is used for the sale or service of alcoholic beverages for consumption on the premises. Provided, however, the minors ages 16 and above may be employed as entertainers in on-sale premises under regulations made by the Board. Such regulations shall include, but are not limited to, provisions for registrations of entertainers, hours of employment, conditions of employment, and the responsibility of licensees employing such minors. Minors aged 16 and above may also be employed as waiters, bus persons, or other traditional restaurant staff, or as management trainees, provided the licensee can prove that at least 70 percent of the licensees revenue at the food establishment comes from the sale of food, and that no more than 30 percent of the licensees revenue at the food establishment comes from the sale of alcoholic beverages and provided further that minors so employed shall not be permitted to handle alcoholic beverages. Minors employed under the provisions of this section must work where close supervision exists to ensure compliance with prohibitions against consumption or handling of alcoholic beverages by minors. Nothing in this section shall be construed as exempting minors from the provisions of Guam's curfew laws or restrictions on working hours for minors that may exist in Guam law.

Section 3410: Entry Forbidden. No person under 21 years of age shall enter an establishment where alcoholic beverages, except beer, are consumed, unless establishment is a public eating place as described in Section 3118 of this Code. Every person who violates this section shall be guilty of a petty misdemeanor.

Section 3419: To Minor. 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 21 years of age. For the purpose of preventing any violation of this section, any licensee or his agent or employee may refuse to sell or serve alcoholic beverages to any person who is unable to produce adequate written evidence that he or she is over the age of 21 years. In any criminal prosecution or proceeding for the suspension or revocation of any license and based upon a violation of this section, proof that the defendant licensee or his agent or employee demanded and was shown, before furnishing any alcoholic beverage to a minor, an identification card or other bona fide documentary evidence of majority of such person shall be a defense to such prosecution or proceeding for the suspension or revocation of any license. Every person who violates this section shall be guilty of a petty misdemeanor.

Section 3420: False Identification by Minor. Any person, under 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 misdemeanor.

Section 3619: Minors. Any person under the age of 21 years purchasing alcoholic beverages or in possession thereof shall be guilty of a petty misdemeanor.