Guam § 3309 - Same: Same: Number, Cancellation, Issuance of Licenses in Excess of Authorized Ratio:

§ 3309. Same: Same: Number, Cancellation, Issuance of Licenses in Excess of Authorized Ratio:

Application: Hearing.

(a) The number of premises for which an on-sale general license or an off-sale general license is issued

shall be limited to one (1) for each two hundred (200) or fraction thereof, inhabitants of the municipality in

which the premises are situated, provided, however, that without regard to such population limitation, a

nontransferable, on-sale, general license may be issued for any hotel of not less than twenty (20) rooms, or

for any premises designed to provide restaurant facilities for the public in which the investment in buildings

is not less than fifty thousand dollars ($50,000.00). No on-sale general license shall be issued in lieu of or

upon the cancellation or surrender of an on-sale beer and wine license, except in case of an increase in

population as provided hereafter.

(b) For purposes of this Title “municipality” shall mean the geographical area over which a mayor as

defined in 5 GCA Ch. 40 exercises jurisdiction while inhabitants shall exclude those residing on military

contractors’ reservations.

(c) Nothing in this section shall authorize the cancellation of any license which may be outstanding in

any municipality in excess of the number authorized by the ratio established in this section nor shall

anything in this article require the issuance of any license in any municipality because the number of the

licenses does not equal the authorized ration.

(d) Whenever it is made to appear to the Board by satisfactory evidence that the population in any

municipality has increased by more than two hundred (200) or multiples of two hundred (200) inhabitants

since the latest census recognized by the government of Guam, and it appears to the Board that by reason

thereof the inhabitants of the municipality are unjustly and unfairly discriminated against, and if the total

number of licenses in such municipality does not exceed the maximum specified, the Board may issue not

to exceed one on-sale general license and one off-sale general license for each additional two hundred (200)

inhabitants in the municipality since the effective date, hereof, any person applying for an off-sale general

license on the ground of increased population shall set forth in his application and shall affirmatively show

all of the following:

(1) That he is a qualified applicant and that his premises qualify under the law and rules of the

Board.

(2) That the issuance of the license applied for would serve the public convenience or necessity.

(3) That the issuance of the license applied for would not be contrary to the public welfare and

morals.

(4) That inequality in the ratio of licenses exists between the municipality in which the applicant’s

premises are located, and other municipalities in Guam.

(5) That the population in the municipality for which the license is applied has increased to the

extent and under the conditions mentioned in this section.

(e) When an application is filed with the Board pursuant to the provision of the section regarding the

increase in population, it shall be referred to the Administrator who shall cause a full investigation to be

made of all matters stated in and relating to the application and report his findings to the Board with the

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recommendations. If a protest against the issuance of the license is filed with the Board, the hearing thereon

shall be had and conducted accordingly, as provided in this Title.