Guam § 3306 - Same: Same: Near Church, Hospital, School.

§ 3306. Same: Same: Near Church, Hospital, School.

(a) The Board shall not issue an on-sale license for premises located within a distance of five hundred

(500) feet from any church, hospital or public or private school of general education where persons under

the age of eighteen (18) 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 five hundred (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 licensee 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 with a distance of five hundred (500) feet from any church, hospital

or public or private school of general education where persons under the age of eighteen (18) 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 Guam 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 five hundred (500) fee distance does not consent in writing to

the waiver of such prohibition.