COMMERCE
AND TRADE
Chapters:
01 (Reserved)
07 Warranties
08 Goods
11-14 (Reserved)
16-24 (Reserved)
Case Notes:
In enacting § 3 of Sherman Act, declaring contracts, combinations and
conspiracies in restraint of trade or commerce in any Territory of the United
States illegal, Congress intended to include all Territories to which its
powers might extend, and American Samoa is thus a Territory within the meaning
of such § 3.
Chapter 01
(RESERVED)
Chapter
02
LICENSES
AND LICENSE FEES
Sections
27.0201 Purpose.
27.0202 Definitions.
27.0203 Administration.
27.0204 Duties of Treasurer.
27.0205 License applications.
27.0206 Licensing procedure.
27.0207 Licensing for nonresidents.
27.0208 Denial of a business
license.
27.0209 Term of license.
27.0210 Apportionment of fee.
27.0211 Renewal of license.
27.0212 License not transferable.
27.0213 License required for
separate location.
27.0214 Classification
of business.
27.0215 Combination
of businesses.
27.0216 Exemptions.
27.0217 Payment of all fees and
debts prerequisite to issuance of license.
27.0218 Revocation of license.
27.0219 Violation-Penalty.
27.0230 Hotels.
27.0240 Established.
27.0241 Proration
of fee-Refunds.
27.0242 License
Fees.
27.0243 Administration
of fees.
27.0201 Purpose.
The purpose of this chapter is to provide for
the licensing of businesses in the
History: 1975,
PL 14-4 § 1.
Case Notes:
The court will not enforce
claimed partnership gains derived while the parties were in violation of the
American Samoa Licensing Act. A.S.C.A.
§§ 27.0201 et seq. Papali’i v. Pen, 18
A.S.R.2d (1991).
An agreement to violate or
inhibit licensing laws is clearly illegal and contrary to public policy. A.S.C.A. §§ 27.0201 et seq. Papali’i v. Pen, 18 A.S.R.2d (1991).
27.0202 Definitions.
As used in this chapter, unless the context clearly
requires a different meaning the following definitions apply:
(a)
“Business” means and includes any
activity or conduct (whether proprietary,
partnership, corporate, or whatever form) engaged in, or caused to be engaged
in, with the object of gain or economic benefit, either direct or indirect,
but does not include casual sales or personal service contracts.
(b) “Commission”
means the Territorial Planning Commission of American Samoa.
(c) “Endorsement”
means and includes written evidence obtained by an applicant from the
examining department that the applicant has fulfilled the necessary
qualifications and requirements prior to the obtaining of the license. It also,
when the context so requires, means and includes the evidence of endorsement
appearing on the face of the license.
(d) “Engaging
in or carrying on a business” means a regular employment which occupies the
time, labor, or attention of the person on a continuing basis although one act
may be sufficient if circumstances show a purpose to continue, and it need not
be the sole or full-time employment of the person, but may be on a part-time
or periodic basis.
(e) “Examining
agency” means that agency of the government or department of the government
which is by law, rule, or regulation given the responsibility of examining and
endorsing a class of applicants for required qualifications.
(f) “License”
means and includes the permission granted by the Territory of American Samoa
under authority of this chapter conferring upon the licensee the right to
engage in a business or practice a trade or profession which without the
authorization and permission would be illegal; it also, when the context so
requires, means and includes the written evidence of that permission.
(g) “License fee” means the charge or assessment
levied by the law for the privilege or authority to do that which, without
payment for and obtaining the privilege or authority, would be illegal under
the provisions of this chapter.
(h) “Person” means and includes any individual,
over 21 years of age, firm, copartnership joint venture, association, corporation,
estate, trust, or other combination or group acting as a unit.
(i) “Renewal”
means the continuation for the next succeeding year of the privilege to conduct
the licensed business except that no license shall be renewed unless the
application is made therefor within 3 months of the expiration of the last
license issued.
(j) "Treasurer”
means the Treasurer of American Samoa or his designated representative.
History: 1975,
PL 14-4 § 2; amd 1978, PL 15-92 § 1.
Amendment: 1978
Paragraph (b): substituted “territorial planning” for “economic development”.
Case Notes:
Absent a requirement that
all persons engaging in business have a license, only those businesses which
are without a license would otherwise be illegal, either malum in se or malum
prohibitum, need a license. Government v.
27.0203 Administration.
Administration of this chapter may be delegated by the
Governor to persons or departments as necessary for effective and efficient enforcement
of this chapter.
History: 1975, PL
14-4 § 2.
27.0204 Duties of Treasurer.
It is the duty of the Treasurer to perform the following
functions as well as the other functions assigned by the Governor:
(1) to
insure compliance with all required prerequisites, including payment of the
fee by any applicant for a license, and to issue the proper license to the
applicant;
(2) to keep
a complete set of records of all licenses issued;
(3) to keep
and maintain a sufficient supply of application forms and any rules and regulations
of the Commission or Governor’s office relating to the issuance of business
licenses.
History: 1975,
PL 14-4 § 2; amd 1978, PL 15-92 § 2.
Amendment: 1978
Paragraph (3): deleted “economic development” prior to “Commission”.
27.0205 License applications.
All license applications must be submitted on forms
prescribed by the Governor or Commission and must contain the following
information:
(1) name of
business;
(2) type of
business to be conducted;
(3) type of
business organization;
(4) names,
ages, and residences of principals involved in the business;
(5) location
of business;
(6) endorsement
of a licensing or examining authority having jurisdiction over the trade,
business, or occupation;
(7) proof
of bank accounts or financial statements, or both, for verification of capital
investments upon request by the licensing authority;
(8) proof
of issuance of stock certificates verifying ownership, if the applicant is a
corporation; and
(9) any
other information required by the Governor or Commission.
History: 1975,
PL 14-4 § 2; amd 1982, PL 17-35 § 1.
Amendments: 1982 Introductory paragraph and subsections (6) and (7) amended;
subsections (8) and (9) added.
27.0206 Licensing procedure.
Upon receipt of a fully completed application, the
Treasurer shall forward the application to the Governor for review and
approval. The Governor may in his discretion forward the license application
to the Commission for review and recommendation. Upon final approval by the
Governor, the license application will be forwarded to the Treasurer for final
disposition. Upon receipt of a properly approved license application and
payment of the appropriate license fee by the applicant, the Treasurer will
issue the appropriate business license.
History: 1975,
PL 14-4 § 2.
27.0207 Licensing for
nonresidents.
(a) When an
application for a business license is received by the Governor from a person
who is not either an “American Samoan” or a “permanent resident” as designated
in 41.0502, or in the case of a corporation when the majority stock is not
owned by either of such persons, the application shall be referred to the
Commission.
(b) The
Commission shall hold a hearing on any application received under subsection
(a) on due notice to the applicant in order to consider the application in the
context of the following standards:
(1) traffic
safety;
(2) adequate
parking facilities;
(3) availability
of water and sewage facilities;
(4) effect
on land resources and economic opportunities for resident Samoans;
(5) effect
on Samoan customs, culture and traditions;
(6) conformity
to the general economic plan.
(c) After
due consideration of any testimony and records introduced at the hearing, in
the light of the standards set forth in subsection (b), the Commission may deny
the application or return it to the Governor with a favorable recommendation.
The Governor shall then evaluate the application in the light of the
recommendation and the other matters set forth in 27.0208 et seq.
History: 1975,
PL 14-4 § 2;amd 1975, PL 14-14 § 1; amd 1978, PL 15-92 § 3.
Amendment: 1975 Subsection (c). changed cite at end.
1978 Subsection (a): deleted "economic
development” prior to “Commission”.
Case
Notes:
As previously stated in
the matter of business license applications it appears that it would be proper
to determine the immigration status of an applicant. The wisdom of the issuance
of a business license is more properly the province of the Territorial Planning
Commission. Thomas A. French V. Aviata Faalevao. ASR (1980).
27.0208 Denial of a business
license.
The Governor may disapprove the application of any
business license if in his opinion the issuance of a license:
(1) would
be contrary to the public policy of encouraging the development of business
enterprises by Samoans;
(2) would
be contrary to the best interest of the public;
(3) would
be incompatible with the economic and social development of the plans for the
Territory, considering among other things: the nature of the proposed business,
proposed location, adequacy of investment nature of the buildings and equipment
and sanitary conditions.
History: 1975,
PL 14-4 § 2.
27.0209 Term of license.
All licenses and applicable endorsements must be issued
on a calendar year basis regardless of when issued, and expire on 31 December
of the year issued or renewed.
History: 1975,
PL 14-4 § 2; amd 1981, PL 17-24 § 2.
27.0210 Apportionment of
fee.
All original license fees shall be prorated in
one-fourth of the annual fee charged for each quarter or portion of a quarter
remaining in the term from the date of issuance.
History: 1975,
PL 14-4 § 2.
27.0211 Renewal of license.
(a) A
licensee may renew his license at the expiration thereof by payment of license
fee and by filing with the renewal application an affidavit, subject to the
penalties of perjury, that he has continued to comply with all of the prerequisites
and qualifications provided by law and rules and regulations which were
certified by the proper departments of the government in the application for
his original license. The renewing licensee may not be required to obtain the
approval of the government or any department or agency thereof regarding the
application of the zoning law of the Territory of American Samoa to the
licensee’s business premises; provided, that the licensed business is located
upon the identical premises upon which it was located on the date of the
issuance of the previous license.
(b) A
licensee who fails to renew his license on or before 31 December of each year
shall be assessed a penalty of $2 per day for which he is delinquent, which
penalty shall become part of the renewal fee. Any licensee who fails to renew
his license on or before 30 January shall be required to discontinue his
business until he renews the license or be subject to an injunction issued by
the High Court of American Samoa and to prosecution under 27.0219. Failure to
renew while continuing the operation of a business constitutes a refusal of and
failure to obtain a license under the provisions of this chapter.
History: 1975,
PL 14-4 § 2; amd 1981, PL 17-24 § 1.
27.0212 License not transferable.
Every license issued under this chapter is personal and
shall be issued to the person or persons making the application therefor, and
may not in any circumstances be transferred to any other person except upon the
forfeiture of a tenancy or upon a foreclosure of a mortgage where the original
contract provides that the license is a security for the obligation, in which
event the Governor shall be promptly notified of any forfeiture. Any license
conditioned upon the fulfillment of any qualifications or prerequisites
pertaining to the premises wherein the licensee conducts his business, trade,
or profession may not be transferred to another location without written
application to and written approval by the Governor.
History: 1975,
PL 14-4 § 2.
27.0213 License required for separate location.
When one person operates or conducts businesses in 2 or
more locations in
History: 1975, PL 14-4 § 2.
27.0214 Classification of
business.
If any question of the classification of any business,
conduct or activity arises pertaining to the type of class of license required
under this chapter, the classification shall be made by the Commission upon
review of all the facts presented to it and the classification shall be final.
History: 1975,
PL 14-4 § 2.
27.0215 Combination of
businesses.
Any person who operates any business which consists of a
combination of 2 or more of the classes provided in this chapter shall be
required to take out a separate license for each classification.
History: 1975,
PL 14-4 § 2.
27.0216 Exemptions.
The provision of this chapter and the license
requirements under this chapter do not apply to the following activities:
(1) any
business or trade engaged in or conducted by the government or the Government
of the
(2) the
selling or marketing by an American Samoan agricultural producer of his own
farm produce in its natural state.
History: 1975,
PL 14-4 § 2.
27.0217 Payment
of all fees and debts prerequisite to issuance of license.
No license may be issued unless the applicant has paid
all fees and debts, except taxes, he may owe the government. The fees or debts
must be clearly related to the operation of the business. This limitation may
not be used for the purpose of collecting fees or debts owed to the government
for reasons other than operation of the business for which the license is to be
issued.
History: 1975,
PL 14-4 § 2.
27.0218 Revocation of
license.
Any license issued to a person which is based on
information subsequently found by the Governor or Commission to be false, is
subject to revocation after a due notice and hearing in accordance with the
Administrative Procedure Act, 4.1001 et seq. The revocation is in addition to
any other penalties.
History: 1975,
PL 14-4 § 2.
27.0219 Violation-Penalty.
(a) No
person may engage in business in
(b) Any
person who is required by this chapter to obtain a license or licenses and
endorsements applicable thereto and refuses or fails to obtain the license or
licenses and endorsements shall be guilty of a class B misdemeanor and upon
conviction shall be sentenced accordingly.
History: 1975,
PL 14-4 § 2;amd 1976, PL 14-29 § 1; amd 1980, PL 16-90 § 35.
Amendments: 1976 Subsection (a): added; provisions contained in section prior to
amendment designated subsection (b).
1980 Amended to conform with penalties provided
for in Title 46, Criminal Justice.
II. Specific Businesses
27.0230 Hotels.
The Governor may not approve an application for a
business license to maintain and operate a hotel unless it substantially meets
the standards of the hotel at Goat Island Point (currently owned by the
American Samoan Development Corporation) regarding:
(1) sanitary
conditions;
(2) room
space for each guest;
(3) architectural
beauty;
(4) public
room space for guests, taking into consideration the number of guestrooms in
the hotel;
(5) interior decorations, including decoration in
guestrooms;
(6) equipment for the preservation of food;
(7) equipment for the preparation of food;
(8) area surrounding the hotel;
(9) window space for guestrooms and public rooms;
(10)
electric lighting;
(11)
building materials.
History: 1963, PL 8-6; 1966, PL 9-49; amd 1976, PL 14-28.
Amendment: 1976
Opening paragraph formerly provided that standards of the Pago Pago Americana
Hotel be substantially met.
27.0240 Established.
The
following annual business license fees are established:
(1) alcoholic
beverage establishments:
(A) beer
tavern $50
(B)
alcoholic beverage license 75
(2) retail
store,
per business location 25
(3) wholesale
store,
per business location 25
(4) billiard
and pool hall,
per table 25
(5) public
dance hall 50
(6) movie
theater,
per theater 50
(7) auctioneer,
per auction sale 6.50
(8) beer
importer 25
(9) beer
vendor 25
(10) alcoholic beverage importer 1,000
(11) alcoholic beverage vendor 1,000
(12) garage and/or repair shop 25
(13) service station 25
(14) all other business, profession,
agencies or activities 25
History: 1963, PL 8-1; 1969, PL l1-49; amd 1984, PL 18-53
§ 7.
Amendments: 1984 Subsection (1) changed “beer and wine” to
“beer tavern”, and “general” to “alcoholic beverage license.” Subsections (10)
to (12). renumbered as (12) to (14). New subsections (10) and (11) added to
provide for alcoholic beverage importer and vendor.
27.0241 Proration of
fee-Refunds.
When a business is first started, the fee must be
prorated according to the length of time during which the business will have
been in operation at the end of the calendar year, but not for a shorter period
than 3 months. A discontinued business is not eligible for a refund.
History: 1963,
PL 8-1; amd 1981, PL 17-24 § 3.
27.0242 License fees.
The following license fees are established:
(1) fund raising,
per occasion, local, $5;
(2) visiting of
foreign entertainment groups, performing in public or in private, $100.
History: 1963,
PL 8-6; 1969, PL 11-49; amd 1981, PL I7-3 § l.
27.0243
Administration
of fees.
The administration and
enforcement of 20.0232, 22.0208, 22.1002, 24.0701, 27.0240 and 27.0242 shall be
the responsibility of the Treasurer of American Samoa. The Treasurer may
delegate his responsibility under this section.
History: 1967,
PL 10-5.
TRADEMARKS
AND TRADE NAMES
Sections:
27.0301 Certificate to be obtained.
27.0302 Application for certificate-Fee.
27.0303 Record-Issuance and effect of certificate.
27.0304 Revocation.
27.0305 Cancellation
of certificate.
27.0306 Appeal.
27.0301 Certificate to be obtained.
Any person desiring to secure the exclusive use of any
print, label or trademark intended to be attached or applied to any goods or
manufactured articles or to bottles, boxes, or packages containing the goods
or manufactured articles to indicate the name of the manufacturer, the
contents of the packages, the quality of the goods or directions for use, or a
trade name, may obtain a certificate of the registration of the print, label,
trademark, or trade name in the manner provided in this chapter.
History: 1987,
PL 20-8 § 1.
27.0302 Application for
certificate-Fee.
Before anyone may receive a certificate of the registration
of a print, label, or trademark, he shall file in the Office of the Territorial
Registrar an application for the registration of such print, label, or
trademark, with a declaration, certified by the applicant, or, if the application
is made by a firm, corporation or partnership, by the certification of a
member of the firm, an officer of the corporation, or a partner, stating that
he is, or they are, the sole and original proprietor or proprietors, or the
assign or assigns of such proprietor or proprietors, of this print, label or
trademark, and describing the goods or manufactured articles for which the
print, label or trademark is to be used, and stating the manner in which the
print, label or trademark is to be used. Before anyone receives a certificate
of the registration of a trade name he shall file in the Office of the
Territorial Registrar an application for the registration of the trade name,
with a declaration, certified, stating that he is, or they are, the sole and
original proprietor or proprietors of the trade name, or the assign or assigns
of the proprietor or proprietors, and setting forth the nature of the business
in which the trade name is to be used. The application shall be accompanied by
two exact copies of the print, label or trademark, or it shall set forth the
trade name. At the time of filing each application, the applicant shall pay to
the Registrar a fee of ten dollars.
History: 1987,
PL 20-8 § 1.
27.0303 Record-Issuance
and effect of certificate.
Upon receiving the application so accompanied and the
payment of the fee, the Territorial Registrar shall cause the print, label,
trademark or trade name to be recorded in a book kept for that purpose, and
shall issue to the applicant or applicants a certificate of registration with
the signature of the Registrar; and the certificate or registration shall
secure to the applicant or applicants the exclusive use of the print, label,
trademark, or trade name throughout the Territory, for a term of ten years;
provided that the print, label, trademark or trade name is continued in actual
use by the applicant in the Territory.
History: 1987,
PL 20-8 § 1.
27.0304 Revocation.
(a) If any
print, label, trademark, or trade name is not used by the applicant in
accordance with the declaration for any period of three hundred and sixty-five
consecutive days, the certificate of registration shall be subject to
revocation.
(b) Any
person desiring such revocation shall file a petition in the Office of the
Territorial Registrar, setting forth facts indicating such non-use for a period
of three hundred and sixty-five consecutive days immediately preceding the date
of the filing of his petition. The petition shall be verified upon the
information and belief, or if the petition is made by a firm or corporation, by
a member of the firm or an officer of the corporation. The petitioner shall
cause actual notice of the proceeding to be given the registered owner by such
method or manner as the Registrar may prescribe, and the registered owner shall
be given the opportunity of a full hearing. If the registered owner, after due
diligence, cannot be found, the Registrar may order that the petitioner give
notice by publication in some newspaper suitable for the advertisement of
notices of judicial proceedings for such length of time as he deems reasonable,
not less than once each week in four successive weeks, the last publication to
be not less than twenty-one days prior to the date set for the hearing. The
giving of notice shall be deemed complete upon the last publication. The notice
as published shall also contain the date which has been set for the hearing.
(c) After
granting an opportunity for hearing to the petitioner and the registered owner,
the Registrar shall grant or deny the petition for cancellation, as the facts
shall warrant.
History: 1987,
PL 20-8 § 1.
27.0305 Cancellation of
certificate.
Any person or persons claiming to be the owner or owners
of a print, label, trademark, or trade name for which a certificate of registration
pursuant to this chapter has been issued to any other person or persons may
file in the Office of the Registrar an application for the cancellation of the
registration of such print, label, trademark, or trade name, with a declaration
verified by the oath of such applicant or applicants, or if such application is
made by a firm or corporation by the oath of a member of the firm or an officer
of the corporation, setting forth facts in support of the ownership by such
applicant or applicants of such print, label, trademark, or trade name and in
support of the claim of the applicant or applicants that the certificate of
registration should be canceled. The Registrar shall give notice of such
application for cancellation to the person or persons to whom the certificate
of registration for the print, label, trademark, or trade name has been issued
and, after granting an opportunity for hearing to the applicant or applicants
for such cancellation and to the person or persons to whom the certificate of
registration has been issued, shall grant or deny the application for
cancellation, as the facts warrant.
History: 1987,
PL 20-8 § 1.
27.0306 Appeal.
Any person aggrieved by any action of the Registrar
under this chapter in issuing a certificate of registration, or in revoking or
canceling any such certificate, or in denying an application may commence
proceedings to obtain judicial review in the High Court. The matter shall be
reviewed by the court de novo.
History: 1987,
PL 20-8 § 1.
CONSUMER
PROTECTION
Sections:
27.0401 Bureau of Consumer
Protection created-Director.
27.0402 Director-Powers and
duties.
27.0403 Assurance of voluntary
compliance.
27.0404 Penalties for unlicensed
acts.
27.0405 Restitution.
27.0406 Cumulative remedies or
penalties.
Reviser’s
comment: Section 1 of PL 17-38
created chapter 04 in Title 27.
27.0401 Bureau of Consumer Protection created-Director.
There is created within the Department of Legal Affairs,
a Bureau of Consumer Protection. The head of this Bureau is the Director, who
has been admitted to practice law before the High Court. The Director is
responsible to the Attorney General and shall devote his efforts to enforcing
this chapter.
History: 1982,
PL 17-38 § 2.
27.0402 Director-Powers and
duties.
(a) The
Director shall:
(1) coordinate the
Consumer Protection activities of the Territory;
(2) provide public
education and awareness programs on consumer rights and remedies;
(3) investigate
consumer complaints filed with the Department of Legal Affairs;
(4) prosecute
criminal acts involving consumers;
(5) initiate
appropriate civil actions to protect the rights of the consuming public;
(6) perform all
other acts necessary to enforce this chapter;
(7) file an
annual report with the Legislature each December 1st outlining the Bureau’s
workload, projects, and accomplishments.
(b) The Director
may:
(1) issue subpoenas to an individual, Director, officer, employee, or
agent of a business organization within the Territory;
(2) appoint
and Commission one or more investigators subject to approval by the Attorney
General. Persons appointed and Commissioned under this paragraph have the
powers and authority of a police officer; and
(3) advise the Governor and the Legislature on
Consumer Protection legislation or administrative rules.
(c) The words “appropriate civil actions” in this section
includes consumer cases filed in court on behalf of individual consumers as
well as groups or classes of consumers. The Directors shall publish regulations
on representations of clients to avoid competition with private attorneys.
History: 1982, PL 17-38 § 3; amd 1985, PL 19-17 § 1.
Case
Notes:
Territorial
government whose Consumer Protection agency brought action in a representative
capacity on behalf of a named individual, and which was not named as a
plaintiff in its own right, could not recover damages in the Consumer
Protection action for the loss of its own property. A.S.C.A. § 27.0402.
27.0403 Assurance
of voluntary compliance.
In lieu of instituting
or continuing an investigation or civil action, the Director may accept
written assurance of voluntary compliance from the persons suspected of
violation. The Director may obtain the agreement of the affected consumers
where possible. The fact that a person has entered into an assurance of voluntary
compliance may not be considered an admission of violation, nor may the
written assurance constitute prima facie evidence of a violation. The
assurance may include a stipulation for reimbursement to some or all consumers
who have been damaged by an alleged unlawful act or practice and payment of
costs of investigation. An assurance of voluntary compliance may become public
record. A consumer does not have to accept restitution under the stipulation,
but his stipulated agreement to the assurance or his acceptance and full
performance of restitution bars recovery of other damages in an action on
account of the same acts or practices by him against the person or persons
making restitution.
History: 1982, PL 17-38 § 4.
27.0404 Penalties for
unlicensed acts.
(a) A person who furnishes commodities or
services to consumers for which a license is required from a department or a
regulatory agency or a Board or Commission, without a license, commits a civil infraction
and is subject to the penalty provided in subsection (b) of this section.
(b) A
person who commits a civil infraction described in subsection (a) shall be
fined not less than $500 nor more than $2,500 for each unlawful act or
practice, which fine is to be collected in a civil suit initiated by the Bureau
of Consumer Protection.
(c) A
contract for the furnishing of commodities by unlicensed persons is void. A
person may recover the price or reasonable value of commodities furnished under
a void contract.
History: 1982,
PL 17-38 § 5.
Amendments: 1985 Subsection (a): deleted “and” from the end
of subdivisions (i) through (6).
Subsection (b): deleted “and” from
the end of subdivision (1).
Subsection (c): added.
27.0405 Restitution.
In a civil action initiated by the Director to collect
civil penalties or to enjoin an unlawful act or practice, the court may grant
restitution to a person who sustained damages as a result of the unlawful act
and practice if the aggrieved consumer has filed a complaint with the Office of
Consumer Protection prior to the initiation of the action. A person in whose
favor restitution is ordered may not choose to accept restitution, but his
acceptance and full performance of restitution bars recovery by him of other
damages in a separate action for the same act or practice, against the person
making restitution.
History: 1982,
PL 17-38 § 6.
27.0406 Cumulative remedies
or penalties.
Unless otherwise expressly provided, the remedies or
penalties provided by this chapter are cumulative to each other and to the
remedies or penalties available under all other laws of the Territory.
History: 1984,
PL 18-31 § 1.
ALCOHOLIC
BEVERAGE CONTROL
Sections:
27.0501 Definitions.
27.0502 Board-Established- Appointment-Terms.
27.0503 Board-Powers and duties.
27.0510 Prohibition of alcoholic beverage vendor’s establishments at
county option.
27.0515 Compliance with rules and regulations.
27.0516 License
required-Exemption.
27.0517 Application forms for license.
27.0518 Approval of license.
27.0525 Beer
tavern license-Safety requirements.
27.0526 Beer
vendor’s license.
27.0527 Beer importer’s license.
27.0528 Alcoholic beverage vendor’s license.
27.0529 Alcoholic beverage importer’s license.
27.0530 Alcoholic beverage license- Safety requirements.
27.0531 Restrictions on conduct of business.
27.0532 Prohibited places of consumption- Penalty.
27.0533 Suspension and revocation of license.
27.0534 Violation-Penalty.
27.0501 Definitions.
Unless the context clearly requires otherwise:
(1) “Alcoholic
beverage” means beer, distilled spirit, wine, or liquor which contains eight
percent or more of alcohol by weight and which is fit for beverage purposes
either alone or when combined with other substances.
(2) “Alcoholic
beverage importer’s license” means a license to import alcoholic beverages from
without the Territory into
(3) “Alcoholic
beverage license” means a license to sell all alcoholic beverages at retail by
the drink on the premises under license conditions prescribed by the Board for
the particular premises.
(4) “Alcoholic
beverage permit” means a permit issued by the Alcoholic Beverage Control Board
to purchase and have in possession alcoholic beverages.
(5) “Alcoholic
beverage vendor’s license” means a license to sell alcoholic beverages other
than beer for consumption off the licensee’s premises.
(6) “Beer”
means any beverage obtained by the alcoholic fermentation of an infusion or
decoction of barley or other grain, hops and malt in water, and having an
alcoholic content of less than eight percent by weight.
(7) “Beer
importer’s license” means a license to import beer from without the territory
into
(8) “Beer
tavern license” means a license to sell beer for consumption on the licensee’s
premises.
(9) “Beer
vendor’s license” means a license to sell beer for consumption off the
licensee’s premises.
(10) “Board”
means the Alcoholic Beverage Control Board.
(11) “Club” means an organization which operates an
establishment for objects of an athletic, patriotic or social nature and not
for pecuniary gain, having bylaws or a constitution, regularly elected officers
and a bona fide membership list, the members of which pay dues at least once
each year, and includes establishments operating for pecuniary gain in Board
approved hotels, in port or airport terminals and in Board approved taverns.
The licensee shall hire a special attendant who shall remain on the premises
during hours required by regulations issued by the Alcoholic Beverage Control
Board and shall maintain peace and order.
Notwithstanding any other provision of this chapter, establishments
holding a “club” license may sell and serve beer and alcoholic beverages at
hours established by the Board.
(12) “Licensee”
means a person holding a license to sell beer or alcoholic beverages or both,
and includes employees of the licensee.
(13) “Package
store” means the retail outlet or outlets established by the government,
operating pursuant to regulations of the Alcoholic Beverage Control Board.
(14) “Person”
includes an association, business trust, copartnership, corporation, estate,
firm, joint venture, receiver, syndicate or any other group or combination
acting together or as a unit.
(15) “Sealed container” means any container of any
alcoholic beverage or beer on which the stamp has not been broken or removed,
or the flanges of the cap not lifted, or the can not punctured in any manner.
(16) “Sell”
includes the transferring of title to alcoholic beverages or beer from one
person to another, either with or without consideration, soliciting or
receiving orders for alcoholic beverages or beer, and keeping, offering or
exposing alcoholic beverages or beer for sale.
History: 1962,
PL 8-7, 1968, PL 10-43; amd 1984, PL 18-53 § 1.
Amendments: 1984
Subsections (a) to (m): redesignated to be (1) to (16). New subsections added,
defines alcoholic beverage importers license, alcoholic beverage vendor’s
license and beer importers license.
27.0502 Board-Established-Appointment-Terms.
(a) There
is established within the government an Alcoholic Beverage Control Board which
shall consist of 7 members appointed by the Governor of American Samoa for terms
of 2 years, except that the fifth, sixth and seventh initial appointees shall
serve for one year only in order that thereafter there will be staggered terms.
(b) Officials
of the government may be appointed to the Board.
(c) All
appointees may be reappointed to the Board.
(d) Appointees
may be removed from the Board by the Governor for cause, provided the majority
of the Board concurs in the cause or causes offered.
(e) Appointees
may not be licensees under this chapter.
History: 1963,
PL 8-7, amd 1975, PL 14-10 § 1.
Amendment: 1975
Subsection (e) added.
27.0503 Board-Powers and
duties.
The Board has the following duties and responsibilities:
(1) pursuant
to the provisions and procedures of 4.1001 et seq.;
(A) to promulgate
rules necessary for control of the importation, sale and use of beer and
alcoholic beverages in American Samoa and for the administration of this
chapter, including, but not limited to, rules regarding eligibility and
qualifications for licensure and specifying the books and records to be kept by
all licensees;
(B) to
issue, renew, refuse, modify, suspend or revoke all licenses required by this
chapter;
(2) to
inspect the premises, books and records of any licensee at any reasonable time;
(3) to give
advice and counsel to the government,
(4) to
establish the number of alcoholic beverage vendor’s licenses throughout the
Territory and in no case shall any county have more than 3 and these shall be
equitably distributed geographically to accommodate the population density;
(5) to establish,
at least once annually, a prescribed maximum price list for alcoholic
beverages other than beer. The Board shall establish reasonable, uniform
wholesale discounts for alcoholic beverage licenses purchasing in bulk volume
for resale by the drink in clubs or other premises licensed as much by the
Board; and
(6) to
devise a government stamp for affixing to alcoholic beverages other than beer;
to prescribe the manner in which the stamp shall be affixed as a seal; and to
establish the conditions under which alcoholic beverages may be imported and
retained without the
History: 1963,
PL 8-7, 1968, PL 10-43, 1971, PL 12-17 §
1, amd 1984, PL 18-53 § 2.
Amendments: 1984
Subsections (4) and (5) renumbered to be (5) and (6). New subsection (4) added
Boards power to establish the number of alcoholic beverage vendor’s licenses.
27.0510 Prohibition
of alcoholic beverage vendor’s establishments at county option.
The county council of any county may by regulation
prohibit the establishment of alcoholic beverage vendor’s premises within the
county. Any such regulation shall not take effect until it has been determined
in writing by the Attorney General to be legally sufficient, has been approved
by the Secretary of Samoan Affairs, and has been proclaimed publicly and posted
in the approved full text in writing by the county chief
History: 1963,
PL 8-7; 1968, PL 10-43; 1971, PL 12-17 § 1, amd 1984, PL 18-53 § 3.
Amendments: 1984 Provides that county may prohibit alcoholic
beverage vendors establishment.
27.0515 Compliance
with rules and regulations.
No person may import or manufacture any alcoholic
beverages or beer of any nature, or any malt syrup or malt extract, or have in
his custody or possession, sell, give, receive or exchange any kind of beer or
alcoholic beverage or keep such on any vessel or aircraft within the
jurisdiction of American Samoa unless he has complied with the rules of the
Alcoholic Beverage Control Board.
History: 1963, PL
8-7.
27.0516 License required-Exemption.
(a) No
person may import, manufacture, or sell beer or alcoholic beverages without a
license, but this section does not prevent a recognized religious organization
from importing into
(b) Beer
vendor’s, beer tavern, beer importer’s, alcoholic beverage, alcoholic beverage
importer’s and alcoholic beverage vendor’s licenses are valid for one location
only.
History: 1963,
PL 8-7; amd 1984, PL 18-53 § 4.
Amendments: 1984 Subsection (b): includes beer importer’s,
alcoholic beverage importer’s and alcoholic beverage vendor’s licenses.
27.0517 Application forms
for license.
Application for alcoholic beverage importer’s, alcoholic
beverage vendor’s, beer importer’s, beer vendor’s, beer tavern, and alcoholic
beverage licenses must be made on forms prescribed by the Alcoholic Beverage
Control Board.
History: 1963, PL
8-7; 1968, PL 10-43, amd 1984, PL 18-53 § 5.
Amendments: 1984 Includes alcoholic beverage importer s, alcoholic
beverage vendor’s and beer importer’s licenses. Changes alcoholic beverage and
club licenses to be alcoholic beverage licenses.
27.0518 Approval of license.
(a) No
license for the sale or importation of beer and alcoholic beverages may be
issued by the Treasurer unless the application for such license has been
approved by the Alcoholic Beverage Control Board.
(b) Before
approving or disapproving of any license, the Board shall make a careful study
of the character of the applicant and the building and area in which the beer
or alcoholic beverage is proposed to be sold, and such other matters pertaining
to the sale and importation of beer and alcoholic beverages under the license
as may be reasonably required by the Board.
History: 1963, PL
8-7; 1968, PL 10-43.
27.0525 Beer
tavern license-Safety requirements.
(a) A beer
tavern license shall authorize the licensee to operate a beer tavern and to
sell beer for consumption on the premises only.
(b) The
beer tavern may serve food to customers, provide music, and permit dancing,
provided that if dancing and music constitutes a nuisance in the area the
Alcoholic Beverage Control Board may order its discontinuance.
(c) Every
beer tavern shall be adequately equipped with fire fighting equipment and
readily accessible exits, and the beer tavern licensee shall hire a special
attendant who shall remain on the premises during such hours as may be ordered
by the Alcoholic Beverage Control Board and maintain peace and order.
History: 1963,PL
8-7.
27.0526 Beer vendor’s
license.
A beer vendor’s license shall authorize the licensee to
sell beer for consumption off the premises, and at distances from the premises
which the Board shall prescribe for each license.
History: 1963,
PL 8-7.
27.0527 Beer importer’s license.
(a) A beer
importer’s license shall authorize the licensee to import beer into
(b) A beer
importer may, in addition to the importer’s license, also hold either a beer
vending or beer tavern license, or all 3 types of license, in which event he
may also import beer for use in his own business.
History: 1963, PL
8-7.
27.0528 Alcoholic beverage
vendor’s license.
An alcoholic beverage vendor’s license shall authorize
the licensee to sell alcoholic beverages for consumption off the premises at
distances from the premises which the Board shall prescribe for each license.
27.0529 Alcoholic
beverage importer’s license.
(a) An
alcoholic beverage importer’s license shall authorize the licensee to import
alcoholic beverages into
(b) An
alcoholic beverage importer may in addition to the importer’s license, also
hold either an alcoholic beverage vendor’s license or an alcoholic beverage
license, or all 3 types of licenses, in which event he may also import
alcoholic beverages for use in his own business.
History: 1984, PL
18-53 § 10.
27.0530 Alcoholic
beverage license- Safety requirements.
(a) A person
holding an alcoholic beverage license shall be authorized to sell any alcoholic
beverage by the drink except beer.
(b) The
licensee may serve food to the customers, provide music and entertainment, and
permit dancing.
(c) Each
establishment which holds an alcoholic beverage license shall be adequately
equipped with fire fighting equipment and readily accessible exits, and the
licensee shall remain on the premises during hours required by regulation
issued by the Board and shall maintain peace and order.
History: 1963, PL
8-7, 1968, PL 10-43.
27.0531 Restrictions
on conduct of business.
The conduct of business authorized under this chapter by
beer vendors, beer tavern licensees, alcoholic beverage vendors and alcoholic
beverage licensees shall be subject to the following restrictions:
(a) No licensee
may sell any alcoholic beverage to:
(1) any
person under the age of 21 years,
(2) any
person who is intoxicated at the time or who is known to the seller to be an
habitual drunkard;
(3) any
insane or feebleminded person.
(b) No
licensee of any class may allow beer or an alcoholic beverage to be sold,
served or consumed on the premises covered by the license at times other than
in the hours permitted by his license.
(c) Beer
tavern and alcoholic beverage licensees may sell or serve beer or alcoholic
beverages only from 8:00 a.m. through 2:00 a.m. the following morning, Monday
through Saturday inclusive, but not on Sunday, except that:
(1) duly licensed
hotels and restaurants catering to tourists may sell beer or alcoholic
beverages after
(2) duty
free alcoholic beverage retail outlets may sell packaged alcoholic beverages
Monday through Sunday.
(d) A beer
vendor or an alcoholic beverage vendor may begin selling beer or alcoholic
beverages at
(e) No beer
tavern or alcoholic beverage licensee of any class may permit any person less
than 21 years old on the premises where the business under the license is
authorized unless such person is in the company of his parent or guardian.
(f) No licensee of any class may permit any intoxicated
person to enter the premises where the business under the license is
authorized, or to permit a person to become intoxicated therein.
(g) Licensees are
responsible for the removal of all patrons from their premises within 15
minutes after the time permitted for the sale of beer or alcoholic beverages
expires.
(h) No
person, either male or female, under the age of 21 years, is allowed to sell
beer or alcoholic beverages or be employed within any beer tavern, alcoholic
beverage licensee premises, or club.
(i) No
alcoholic beverage or beer may be sold or dispensed in any public place or
places open to the public during such times as the polls may be open on the day
of any general or special election.
History: 1963, PL
8-7, 1968, PL 10-43; 1971, PL 12-2 § l;amd 1975, PL 14-l § l; amd 1984, PL 18-53 § 6.
Amendments: 1975 Subsection (i): added 1984 Introductory
paragraph to include alcoholic beverage vendors.
Subsection (d): includes side by alcoholic
beverage vendor. Subsection (e) includes beer tavern licensee.
Subsection (h). includes alcoholic beverage
license premises, or club.
27.0532 Prohibited
places of consumption-Penalty.
(a) It is
unlawful to consume beer or an alcoholic beverage, or to be in possession of an
unsealed container containing beer or an alcoholic beverage, in any of the
following places in
(1) public roads;
(2) moving
vehicles;
(3) any
public place holding a store license, other than establishments holding an
alcoholic beverage, club or beer tavern license;
(4) any
public place in any village in
(b) Any
person violating this section shall be fined in an amount not exceeding $100,
or imprisoned at hard labor for not more than 60 days, or both.
History: 1963,
PL 8-7, 1968, PL 10-43.
27.0533 Suspension
and revocation of license.
In addition to the penalties prescribed in 27.0532, any
licensee who is found in violation of the terms of his license shall have his
license suspended for 30 days for a first offense, and 60 days for a second
offense. His license shall be revoked on conviction of a third violation.
History: 1963,
PL 8-7, 1968, PL 10-43.
27.0534 Violation-Penalty.
Any person who violates any provision of this chapter,
for the violation of which another penalty is not specified, or who violates
any lawful order of the Alcoholic Beverage Control Board, shall be sentenced
as for a class B misdemeanor.
History: 1963,
PL 8-7, 1968, PL 10-43; amd 1980, PL 16-90 § 15.
Amendments: 1980 Amended to conform with penalties provided for in Title 46, Criminal
Justice.
Chapter
06
Sections:
27.0601 Definitions.
27.0602 Systems of weights and
measures-Generally.
27.0603 Physical standards.
27.0604 Technical
requirements for commercial device.
27.0605 Director-Powers
and duties.
27.0606 Inspections
and seizures.
27.0607 Misrepresentation
of quantity prohibited.
27.0608 Misrepresentation
of pricing prohibited.
27.0609 Measurement of commodities.
27.0610 Bulk sales.
27.0611 Labeling -Generally.
27.0612 Labeling-Unit pricing.
27.0613 Labeling -Declaration of quantity.
27.0614 Prohibitions-Penalty.
27.0615 Presumptive evidence.
27.0616 Injunctions.
27.0601 Definitions.
As used in this chapter:
(a) “Correct”
as used in connection with weights and measures means conformance to all
applicable requirements of this chapter.
(b) “Director”
means the Director of the Consumer Protection Bureau or his designated
representative.
(c) “Package”
means any commodity put up or packaged in any manner in advance of sale in
units suitable for either wholesale or retail sale.
(d) “Person”
means both plural and the singular, as the case demands, and includes
individuals, partnerships, corporations, companies, societies, and
associations.
(e) “Primary
standards” means the physical standards of the Territory which serve as the
legal reference from which all other standards and weights and measures are
derived.
(f) “
(g) “Samoan” or “Samoan descent” includes American
Samoans of at least one-half Samoan blood and persons born on other islands of
the Pacific Ocean who are of at least one-half Polynesian, Melanesian or
Micronesian blood and reside in American Samoa.
(h) “Secondary standards” means the physical standards
which are traceable to the primary standards through comparisons, using
acceptable laboratory procedures, and used in the enforcement of weights and
measures laws and regulations.
(i) “Weight”
as used in connection with any commodity means net weight.
(j) “Weights
or measures” means all weights and measures of every kind, instruments, and devices
for weighing and measuring, and any appliance and accessories associated with
any or all such instruments and devices.
History: 1962,
PL 7-23; 1968, PL 10-66; 1973, PL 13-16 § 1; amd 1985, PL 19-17 § 2.
Amendments:
1985 Subsection (b): deleted
“Department of Administrative Services” and added “Consumer Protection Bureau”.
27.0602 Systems
of weights and measures-Generally.
The system of weights and measures in customary use in
the
History: 1973,
PL 13-16 § 1.
27.0603 Physical standards.
Weights and measures that are traceable to the United
States prototype standards supplied by the federal government, or approved as
being satisfactory by the National Bureau of Standards, shall be the Territory
primary standards of weights and measures, and shall be maintained in such
calibration as prescribed by the National Bureau of Standards. All secondary
standards may be prescribed by the Director.
History: 1973,
PL 13-16 § 1.
27.0604 Technical
requirements for commercial device.
The specifications, tolerances, and other technical
requirements for commercial weighing and measuring devices as adopted by the
National Bureau of Standards Handbook 44, “Specifications, Tolerances, and
Other Technical Requirements for Commercial Weighing and Measuring Devices”,
and supplements thereto or revisions thereof, shall apply to commercial
weighing and measuring devices in the Territory, except insofar as modified or
rejected by regulation of the Director.
History: 1973,
PL 13-16 § 1.
27.0605 Director-Powers and duties.
The Director may:
(1) maintain
traceability of the territory standards to the National Bureau of Standards;
(2) enforce the
provisions of this chapter;
(3) issue
reasonable regulations for the enforcement of this chapter, which regulations
shall have the force and effect of law;
(4) establish
standards of weight, measure, or count, reasonable standards of fill, and
standards for presentation of cost per unit information for any packaged
commodity;
(5) grant any
exemptions from the provision of this chapter or any regulations promulgated
pursuant thereto, when appropriate to the maintenance of good commercial
practices and existing local customs within the Territory;
(6) conduct
investigations to ensure compliance with this chapter;
(7) delegate to appropriate personnel any of these
responsibilities for proper administration of his office;
(8) inspect and
test weights and measures kept, offered, or exposed for sale;
(9) inspect and
test to ascertain if they are correct, weights and measures commercially used:
(A) in determining the weight, measure, or count of
commodities or things sold, or offered or exposed for sale, on the basis of
weight, measure, or count; or
(B) in computing
the basic charge or payment for services rendered on the basis of weight,
measure, or count;
(10) test all weights and measures used in checking the
receipt or disbursement of supplies in every institution, for the maintenance
of which funds are appropriated by the Legislature of the Territory;
(11) approve for use, and mark, such weights and
measures as he finds to be correct, and reject and mark as rejected such
weights and measures as he finds to be incorrect; weights and measures that
have been rejected may be seized if not corrected within the time specified or
if used or disposed of in a manner not specifically authorized; the Director
shall condemn and may seize weights and measures found to be incorrect that are
not capable of being made correct;
(12) weigh, measure, or inspect packaged commodities
kept, offered, or exposed for sale, sold, or in the process of delivery, to
determine whether they contain the amounts represented and whether they are
kept, offered, or exposed for sale in accordance with this chapter or
regulations promulgated pursuant thereto; in carrying out the provisions of
this section, the Director shall employ recognized sampling procedures such as
designated by the National Bureau of Standards or other recognized system;
(13) prescribe, by regulation the appropriate term
or unit of weight or measure to be used, whenever he determines in the case of
a specific commodity that an existing practice of declaring those caused by
loss or gain of moisture during the course of good distribution practice or by
unavoidable deviations in good manufacturing practice only after the commodity
has entered intrastate commerce;
(14) allow reasonable variations from the stated
quantity of contents, which shall include the quantity by weight, measure,
numerical count, or combination thereof, does not facilitate value comparison
by consumers, or offers an opportunity for consumer confusion;
(15) establish fees for inspection of weights and
measures.
History: 1973,
PL 13-16 § 1.
27.0606 Inspections and
seizures.
(a) When
necessary for the enforcement of this chapter or regulations promulgated
pursuant thereto, the Director may:
(1) enter any
commercial premises during normal business hours, except that in the event the
premises are not open to the public, he shall first present his credentials and
obtain consent before making entry thereto unless a search warrant has
previously been obtained;
(2) issue
stop-use, hold, and removal orders with respect to any weights and measures commercially
used, and stop-sale, hold, and removal orders with respect to any packaged
commodities or bulk commodities kept, offered, or exposed for sale;
(3) seize, for use as evidence, without formal warrant,
any incorrect or unapproved weight, measure, package, or commodity found to be
used, retained, offered, or exposed for sale or sold in violation of the provisions
of this chapter or regulations promulgated pursuant thereto.
(b) With respect
to the enforcement of this chapter, the Director has special police powers, and
may arrest, without formal warrant, any violator of this chapter.
History: 1973,
PL 13-16 § 1.
27.0607 Misrepresentation
of quantity prohibited.
No person may sell, offer, or expose for sale less than
the quantity he represents, or take any more than the quantity he represents
when, as buyer, he furnished the weight or measure by means of which the
quantity is determined.
History: 1973,
PL 13-16 § 1.
27.0608 Misrepresentation
of pricing prohibited.
No person may misrepresent the price of any commodity or
service sold, offered, exposed, or advertised for sale by weight, measure, or
count nor represent the price in any manner calculated or tending to mislead or
in any way deceive a person.
History: 1973,
PL 13-16 § 1.
27.0609 Measurement of
commodities.
Except as otherwise provided by the Director,
commodities in liquid form must be sold by liquid measure or by weight, and
commodities not in liquid form may be sold only by weight, or by measure, or by
count, so long as the method of sale provides accurate quantity information.
History: 1973,
PL 13-16 § 1.
27.0610 Bulk sales.
Whenever the quantity is determined by the seller, bulk
sales in excess of $20 and all bulk deliveries of fuel shall be accompanied by
a delivery ticket containing the following information:
(1) the name and
address of the vendor and purchaser;
(2) the date delivered;
(3) the quantity delivered and the quantity upon which
the price is based if this differs from the delivered quantity;
(4) the identity in the most descriptive terms
commercially practicable, including any quality representation made in
connection with the sale;
(5) the count of individually wrapped packages if more
than one.
History: 1973,
PL 13-16 § 1.
27.0611 Labeling-Generally.
Except as otherwise provided in this chapter or by
regulations promulgated pursuant thereto, any package kept for the purpose of
sale or offered or exposed for sale must bear on the outside of the package a
definite, plain and conspicuous declaration in English or Samoan of:
(1) the identity of the commodity in the package unless
the same can easily be identified through the wrapper or container;
(2) the quantity
of contents in terms of weight, measure, or count;
(3) the name and
place of business of the manufacturer, packer, or distributor, in the case of
any package kept, offered, or exposed for sale, or sold in any place other than
on the premises where packed.
History: 1973,
PL 13-16 § 1; amd 1987, PL 20-31 § 1.
Amendments: 1987 Added “in English or Samoan” at the end of the paragraph.
27.0612 Labeling-Unit
pricing.
In addition to the declarations required by 27.0611, any
package being one of a lot containing random weights of the same commodity and
bearing the total selling price of the package must bear on the outside of the
package a plain and conspicuous declaration of the price per single unit of
weight.
History: 1973,
PL 13-16 § 1.
27.0613 Labeling-Declaration of quantity.
Whenever a packaged commodity is advertised in any
manner with the retail price stated, there must be closely and conspicuously
associated with the retail price a declaration of quantity as is required by
law or regulation to appear on the package. Where a dual declaration is
required, only the declaration that sets forth the quantity in terms of the
small unit of weight or measure need appear in the advertisement.
History: 1973,
PL 13-16 § 1.
27 .0614 Prohibitions-Penalty.
(a) No person
may:
(1) use or have in
possession for use in commerce any incorrect weight or measure;
(2) remove any
tag, seal, or mark from any weight or measure without specific written
authorization from the proper authority;
(3) hinder or obstruct any weights and measures
official in the performance of his duties.
(b) Any
person who violates the provisions of subsection (a) or any provision of this
chapter or regulations promulgated pursuant thereto, for which a specific
penalty has not been prescribed, is guilty of a misdemeanor, and upon a first
conviction thereof shall be punished by a fine of not less than $50 or more
than $500, or by imprisonment for not more than 3 months, or both. Upon a
subsequent conviction thereof, he shall be punished by a fine of not less than
$100 or more than $1,000, or by imprisonment for up to one year, or both.
History: 1973,
PL 13-16 § 1.
27.0615 Presumptive evidence.
Whenever there exists a weight or measure or weighing or
measuring device in or about any place in which or from which buying or selling
is commonly carried on, there shall be a rebuttable presumption that such
weight or measure or weighing or measuring device is regularly used for the
business purposes of that place.
History: 1973, PL
13-16 § 1.
27.0616 Injunctions.
The Director may apply to the High Court of American
Samoa for a temporary or permanent injunction restraining any person from
violating any provision of this chapter.
History: 1973,
PL 13-16 § 1.
Sections:
27.0701 Warranties of
merchantability and fitness for a particular purpose.
27.0702 Recovery
by merchant against manufacturer.
27.0703 Statement of applicable warranties-Penalty.
27.0704 Consumer remedies.
27.0701 Warranties
of merchantability and fitness for a particular purpose.
(a) Notwithstanding any other provision of law to the
contrary, with respect to any goods or services which are the subject of or are
intended to become the subject of a consumer transaction, and which are
purchased primarily for personal, family, or household use and not for
commercial or business use, no merchant shall orally or by written language:
(1) exclude, modify or otherwise attempt to limit any
warranty, express or implied, including the warranties of merchantability and
fitness for a particular purpose; or
(2) exclude, modify or attempt to limit any remedy
provided by law, including the measure of damages available, for a breach of
warranty, express or implied. Any such exclusions, modifications or attempted
limitations shall be void.
(b) Notwithstanding any language in subsection (a), any
merchant may offer warranty coverage greater than the warranty provided by law
or the manufacturer, or, offer original warranty coverage where none is
provided by the manufacturer.
History: 1985,
PL 19-9 § 1.
27.0702 Recovery
by merchant against manufacturer.
A merchant may recover from the manufacturer any damages
resulting from a breach of the implied warranties of merchantability or
fitness for a particular purpose.
History: 1985,
PL 19-9 § 1.
27.0703 Statement
of applicable warranties-Penalty.
(a) Automobile dealers and retailers of major appliances
worth over $150 at the time of sale must inform the consumer purchaser at the
time of sale whether any warranties apply to the automobile or major appliance.
If any warranty applies to such automobile or major appliance, the automobile
dealer or retailer of major appliances must supply such warranty in writing to
the consumer purchaser at the time of sale. If no warranty is applicable then
that fact must be conspicuously displayed on the sales invoice.
(b) Any allowable conditions imposed upon a consumer
purchaser in order to make a claim under an applicable warranty must be stated
in a conspicuous manner on the same form on which the warranty is provided.
(c) The Director
of the Bureau of Consumer Protection shall enforce this law in any court of
appropriate jurisdiction by seeking civil penalties or injunctive relief and
any additional relief for the complainant under chapter 04, Title 27.
(d) Civil
penalties for violation of this section shall as follows:
(1) first offense, $50:
(2) second offense, $100;
(3) third or more offenses, not less than $350 nor more
than $500 for each offense.
History: 1985,
PL 19-28 § 1.
27.0704 Consumer remedies.
(a) No automobile
dealer or retailer of major appliances covered under this chapter may refuse to
accept the return of either defective goods or specially ordered goods which do
not conform to the special order when such goods are covered by any warranty.
An automobile dealer or retailer of major appliances may choose to repair or
replace the goods free of costs for labor and material in lieu of refunding
cash to the consumer purchaser, but only if such repairs or replacement can be
achieved in a reasonably short period of time.
(b) If replacement
or repair cannot be achieved in a reasonably short period of time then the
consumer purchaser shall be entitled to a cash refund. In the case of defective
goods, the cash refund shall equal the value the goods would have had at the
time of the return if such goods had no such defect. In the case of specially
ordered goods which do not conform to the special order, the cash refund shall
equal the price, including freight, insurance and duties, paid by the consumer
purchaser.
History: 1985,
PL 19-28 § 1.
Chapter
08
Sections:
27.0801 Parts supply required.
27.0820 Repealed.
27.0801 Parts supply required
(a) Retail
home entertainment dealers shall maintain an adequate service department to service
the products they sell as well as an adequate supply of parts.
(b) For purposes of this section, “retail home
entertainment dealer” means a person, firm, corporation, or copartnership
engaged in selling radios, TVs, phonograph stereo combinations, pianos, organs,
brass band instruments, stringed instruments, or any musical instrument.
(c) For purposes
of this section, “adequate” means that level of service capability and parts
supply that will reasonably service the consumers and customers of that
dealer.
History: 1977,
PL 15-59.
27.0820
Kegs of beef.
Repealed by PL 16-82 § 1.
Chapter 09
PRICE
GOUGING
Sections:
27.0901 Purpose.
27.0902 Definitions.
27.0903 Prohibited unfair pricing practices.
27.0904 Penalties and remedies.
27.0905 Enforcement.
27.0901 Purpose
It is the public policy of this Territory to protect
its citizens from price gouging during states of disaster. The Territory also realizes the complexity in
regulating prices while not defeating the ability of the market in goods and
services from bringing supply back in balances with demand and not defeating
the function of price in allocating scarce resources.
History:
2006,
PL 29-22.
27.0902 Definitions.
(a) “State
of emergency” means a natural or manmade disaster or emergency resulting from
an earthquake, hurricane, flood, riot, fire, storm, tsunami, or civil
disturbance as declared by the President of the United States or the Governor
of American Samoa.
(b) “Consumer food item” means any article that is used or intended for
use for food, drink, confection, or condiment by a person or animal.
(c) “Repair or reconstruction services” means services performed by
any person for repairs to residential or commercial property of any type that
is damaged as a result of a disaster.
(d) “Emergency supplies” includes, but is not limited
to, water, flashlights, radios, batteries, candles, blankets, soaps, diapers,
temporary shelters, tape, toiletries, plywood, nails, and hammers.
(e) “Medical
supplies” includes, but is not limited to, prescription and nonprescription
medications, bandages, gauze, isopropyl alcohol, and antibacterial products.
(f) “Building
materials” means lumber, construction tools, windows, and anything else used in
the building or rebuilding of property.
(g) “Gasoline”
means any fuel used to power a motor vehicle or power tool.
(h) “Housing”
means any rental housing or dwelling units leased on a month-to-month term.
(i) “Gross
disparity” means a significant difference in price currently charged prior to
the declaration of state of emergency and the price being charged during the
declaration period.
(j) “Unconscionable
prices” means an increase in the price of commodities which is greater in
amount when compared to the most recent consumer price index prepared by the
American Samoa Government, Department of Commerce.
(k) “Competent
authority” means the Governor of American Samoa, the President of the
History:
2006,
PL 29-22.
27.0903 Prohibited unfair
pricing practices.
(a) Upon a
declaration of a state of emergency, and for a period of thirty (30) days
following that declaration, it is unlawful for any person, contractor,
business, or other entity to sell, rent or offer to sell or rent any consumer
food items or goods, emergency supplies, medical supplies, building materials,
housing, gasoline, or any other goods or services necessary in an emergency
response for a price of more than ten percent (10%) above the price charged by
that person, contractor, business or other entity for those goods or services
immediately prior to the declaration of a state of emergency. However, a greater price increase shall not
be unlawful if that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the goods, or
directly attributable to additional costs for labor or materials used to
provide the services, provided that in those situations where the increase in
price is attributable to additional costs imposed by the supplier or additional
costs of providing the goods or services during the state of emergency, the
price represents no more than ten percent (10%) above the total of the cost to
the seller plus the markup customarily applied by the seller for that good or
service in the usual course of business immediately prior to the onset of the
state of emergency.
(b) Prior to
the occurrence and upon a declaration of a state of emergency, and for a period
of one hundred eighty (180) days following that declaration, it is unlawful for
any person, contractor, business, or other entity to sell or offer to sell any
repair or reconstruction services or any other services used in emergency
cleanup for a price of more than ten percent (10%) above the price charged by
that person, contractor, business or other entity for those goods or services
immediately prior to the declaration of a state of emergency. However, a greater price increase shall not
be unlawful if that person can prove that the increase in price was directly
attributable to additional costs imposed on it by the supplier of the goods, or
directly attributable to additional costs for labor or materials used to
provide the services, provided that in those situations where the increase in
price is attributable to additional costs imposed by the supplier or additional
costs of providing the good or service during the state of emergency, the price
represents no more that ten percent (10%) above the total of the cost to the
seller plus the markup customarily applied by the seller for that good or
service in the usual course of business immediately prior to the onset of the
state of emergency.
(c) the
amount charged represents a gross disparity between the price of the commodity
or rental or lease of any dwelling unit that is the subject of the offer or
transaction and the average price at which that commodity or dwelling unit was
rented, leased, sold or offered for rent or sale in the usual course of
business during this period immediately prior to a declaration of a state of
emergency, and the increase in the amount charged is not attributable to
additional costs incurred in connection with the rental or sale of the
commodity or rental or lease of any dwelling unit, or national or international
market trends.
(d) The
provisions of this section may be extended for additional thirty (30) day
periods by the Governor of American Samoa if deemed necessary to protect the
lives, property, or welfare of the citizens.
(e) Any
business offering an item for sale at a reduced price immediately prior to the
declaration of a state of emergency may use the price at which they usually
sell the item to calculate the price pursuant to subsection (a) or (b).
History:
2006,
PL 29-22.
27.0904 Penalties and
remedies.
(a) In addition to all other remedies provided by
the American Samoa Code Annotated, the Court shall impose a civil penalty of
not more than $1,000 per violation with an aggregate total not to exceed
$25,000 for any 24-hour period against any person, contractor, business or
other entity who violates the provisions of this chapter. An additional suspension of license after the
second offense shall be imposed. All
penalties assessed and collected shall be transferred to the Bureau of Consumer
Protection of the Department of Legal Affairs to further consumer protection
efforts.
(b) Any person who is found to have violated this
chapter shall be guilty of a Class A misdemeanor for each violation.
(c) The remedies and penalties provided by this
section are cumulative to each other and the remedies and penalties available
under all other laws of
(d) It is a violation of this chapter if a person
offers for sale or rent any commodity at an unconscionable price during this
period immediately preceding and during the effectiveness of a declaration of a
state of emergency declared by a competent authority.
(e) Nothing in this chapter creates a private
cause of action in favor of any person damaged by a violation of this chapter.
History:
2006,
PL 29-22.
27.0905 Enforcement.
Any violation of this
chapter may be enforced by the Office of the Attorney General.
History:
2006,
PL 29-22.
Chapter 10
CUSTOMS REGULATIONS
Sections:
27.1001 Definitions.
27.1001.1 Security at ports and
airports.
27.1002 Inspection of persons
and incoming merchandise and baggage.
27.1003 Landing certificate.
27.1004 Production of documents by entering or leaving vessels.
27.1005 Exemptions
from certificate and production of documents requirements.
27.1006 Boarding and searching vessels.
27.1007 Production
of false papers-Fine.
27.1008 Breach
of law on Boarded vessel-Seizures and arrests.
27.1009 Landing
and reloading of vessels in distress.
27.1010 Custody
of imports.
27.1011 Vessel
to vessel transfer.
27.1012 Right
of possession of consigned merchandise.
27.1013 Furnishing
of invoices to Treasurer.
27.1014 Customs
officers service fees.
27.1015 Release
of imports.
27.1016 Unclaimed
merchandise-Sale or destruction-Redemption.
27.1017 Proceeds
of sale-Deposit into Treasury.
27.1018 Exoneration
of master of vessel in which merchandise was imported.
27.1019 Explosives
and gasoline.
27.1020 Liability for duties a
personal debt and lien.
27.1021 Priorities in event of
insolvency or bankruptcy of importer.
27.1022 Contest of
valuation-Reappraisal-Adjustments.
27.1023 Refund of duties or
excise taxes.
27.1024 Seized
property-Liability.
27.1025 Losses caused by acts
of God.
27.1026 Return of duty on
released merchandise prohibited.
27.1027 Immunity of customs
officers.
27.1028 Conflict of interests.
27.1029 Authority to prescribe
rules and forms.
27.1030 Use of U.S.C. and
C.F.R. as a guide.
27.1031 Violation-Penalty.
27.1001 Definitions.
As used in this chapter, unless the context clearly
requires otherwise:
(a) “Agent” means the duly authorized representative of
the owners of a vessel, aircraft or merchandise.
(b) “Aircraft”
means every type of aircraft used or capable of being used as a means of
transportation by air.
(c) “Baggage”
means all trunks, boxes, suitcases, parcels or other luggage not included in
the manifest of the ship or aircraft.
(d) “Captain”,
“commander” or “pilot” of an aircraft means that person serving on the aircraft
who has charge or command of its operation or navigation.
(e) “Captain” or
“master” of a ship means the person in command of a ship for the time being,
but does not include a harbor pilot.
(f) “Commercial vessel” means a vessel engaged in the
transportation of passengers or property in commerce from port to port between
one state, territory, district or possession of the United States, or foreign
country and any other state, territory, district or possession of the United
States, or between places in American Samoa.
(g) “Consignee”
means the person to whom goods or merchandise are consigned, or whose name
appears on the bill of lading.
(h) “Entry” has two meanings: first, compliance with
the legal requirements for the entering of a ship into the harbor; and second,
the filing of documents and completion of transactions necessary to secure the
release of merchandise from customs control.
(i) “Foreign”
means any place beyond the limits of
(j) “Merchandise”
means goods, wares, and chattels of every description, and includes merchandise
the importation of which is prohibited.
(k) “Owner” includes the person or persons legally
having possession of a vessel, aircraft or merchandise, or his or their agents,
and includes partnerships, associations and corporations.
(l) “Passenger” means any person carried on a vessel or
aircraft who is not connected with the vessel or aircraft, or its navigation,
ownership, or business, and whose name appears on the passenger list.
(m) “Port Director” means the Director of Port
Administration.
(n) “Vessel” means aircraft and every type of watercraft
or other contrivance used or capable of being used as a means of transportation
on water.
History: 1963,
PL8-1, amd 1987, PL 20-29 § 6.
Amendments: 1987 replaced “the following words have the following meanings” In
introductory paragraph with “unless the context clearly requires otherwise”.
Subsection (Q: added.
Subsection (I). relettered to (g).
Subsection (g): relettered to (h); added
“completion of” before “transactions”.
Subsections (h) through (I): relettered to (i)
through (in).
Subsection (in): relettered to (n); added
“aircraft and” after “means”.
27.1001.1 Security at ports and
airports.
(a) The Treasurer
is responsible for establishing controls and maintaining security over
merchandise warehouses at ports and airports.
(b) Except as
provided in subsection (a), the Port Director is responsible for maintaining
security for entry to, exit from and with in, ports and airports.
History: 1987, PL
20-29 § 20.
27.1002 Inspection of
persons and incoming merchandise and baggage.
(a) All
persons entering or leaving
(b) Without a search warrant but upon reasonable cause
to suspect that the mail contains dutiable or prohibited items, designated
customs officers of American Samoa may open or inspect the contents of mail in
the customs inspection of mail which has originated outside the customs
territory of American Samoa and is addressed for delivery inside American
Samoa.
(c) The inspections may be conducted only in accordance
with part 820, USPS Publication 42, International Mail, relating to cooperation
with the U.S. Customs Service on inspection of imports.
(d) Unless
any of the following actions are authorized by a search warrant issued under
Rule 41 of the Federal Rules of Criminal Procedure, no customs personnel may
read, allow any other person to read, divulge, or transfer to any other person
any correspondence contained in sealed mail; or divulge, read, allow any other
person to read or listen to, transfer to any other person, or knowingly listen
to any paper or recording which is correspondence for the blind contained in unsealed mail; or divulge, read, allow any
other person to read, or transfer to any other person correspondence of school
children in unsealed mail.
(e) No
customs personnel may, without a search warrant, open, inspect, read, or seize
any mail in postal custody which has not originated outside
History: 1963,
PL 8-1; 1979, amd PL 16-19 § l; amd 1987, PL 20-29 § 7.
Amendments: 1979 Added subsections (b) — (e); existing section
designated subsection (a).
1987 Added persons and” before “incoming” In
section title. Subsection (a): added new first sentence to permit search of
persons.
Subsection (d): moved search warrant provision to
beginning; deleted “nor may custom personnel”; added “or divulge, read”;
deleted “permitted transmission” after “school children”.
27.1003 Landing
certificate.
(a) The
master of any vessel may not allow to be landed, land, or receive passengers,
baggage, goods, or merchandise without a certificate from the Treasurer,
enumerating the persons or articles to be landed or received and indicating the
place for landing and receiving.
(b) The
Treasurer shall provide the Port Director a copy of the certificate.
History: 1963,
PL 8-1; amd 1987, PL 20-29 § 8.
Amendments:
Subsection (a): added “(a)”
designation; deleted “or aircraft” after “vessel”; replaced “Port Director”
with “Treasurer”.
Subsection (b): added.
27.1004 Production
of documents by entering or leaving vessels.
(a) A vessel
entering or leaving
(1) clearance from
last port;
(2) registry
certificate’
(3) manifest,
freight list, bills of lading, and other accounts of merchandise;
(4) bills of
health;
(5) list of
passengers;
(6) list of crew;
(7) shipping
articles;
(8) ship’s
license;
(9) such other
papers as may be required for proper entry or departure.
(b) No passengers
or cargo may be landed or loaded until the papers requested have been produced
and certified to be correct.
(c) The Treasurer
shall provide the Port Director a copy of the certificate.
History:
1963, PL 8-1; 1978, PL 15-97;
amd 1987, PL 20-29 § 9.
Amendment:
1978 Subsection (a) (q) added
“or departure”. Subsection (b): added “or loaded”.
1987 Deleted “ or aircraft” from section title
and subsection (a).
Subsection (a):
replaced “ Port Director” with “ Treasurer”. Subsection (c): added.
27.1005 Exemptions
from certificate and production of documents requirements.
The following vessels and aircraft shall be exempt from
27.1003 and 27.1004:
(1) vessels or
aircraft of war;
(2) public
vessels or aircraft;
(3) vessels or aircraft not permitted by the laws of the nation to
which they belong to transport passengers or merchandise for hire;
(4) vessels
arriving for the purpose of taking on bunker fuel or sea stores, without
landing or taking on passengers or merchandise; the master or agent shall
certify under oath the amount of fuel and sea stores so taken; a vessel taking
on ships stores or equipment shall be required to make entry;
(5) vessels and
aircraft arriving in distress and remaining less than 72 hours.
History: 1963,
PL 8-1.
27.1006 Boarding and
searching vessels.
Any customs officer may at any time go on board any
vessel at any place in American Samoa or within the customs water and examine
the manifest and other documents and papers, and examine, inspect, and search
the vessel and every part thereof and any person, trunk, package, or cargo on board.
For this purpose, he may hail and stop such vessel and use all necessary force
to compel compliance.
History: 1963,
PL 8-1.
27.1007 Production of false
papers-Fine.
Any master of a vessel being examined who presents any
forged, altered, or false documents or paper knowing the same to be forged,
altered, or false and without revealing such fact shall, in addition to any
forfeiture to which the vessel may be subject, be liable to a fine of not more
than $1,000.
History: 1963,
PL 8-1.
27.1008 Breach
of law on Boarded vessel— Seizures and arrests.
If upon examination of any vessel it appears that a
breach of the laws of American Samoa is being or has been committed so as to
render the vessel, or the merchandise, or any part thereof, on board of, or brought
into American Samoa by such vessel, liable to forfeiture, or to secure any fine
or penalty, the same shall be seized and any person who has engaged in such
breach shall be arrested.
History: 1963,
PL 8-1.
27.1009 Landing
and reloading of vessels in distress.
A permit to land and reload cargo may be granted to
vessels in distress when such action is necessary. Landing and reloading shall
be under the supervision of the port Director and shall be subject to a
reasonable charge for handling and storage.
History: 1963,
PL 8-1.
27.1010 Custody of imports.
All imports destined for
History: 1963,
PL 8-1; 1987, PL 20-29 § 10.
Amendments: Replaced “Port Director” and “his” with
“Treasurer” and “ the Treasurer’s”.
27.1011 Vessel to vessel
transfer.
(a) A
vessel may transfer, free of duty, to another vessel of the same line, bunker
fuels, sea stores, ships stores or equipment, under the supervision of the Port
Director.
(b) Other transfers may be authorized by the Treasurer,
subject to the payment of all charges due.
History: 1963,
PL 8-1; amd 1987, PL 20-29 § 11.
Amendments:
Replaced “Port Director with “Treasurer”.
27.1012 Right of possession of consigned merchandise.
All merchandise imported into
History: 1963,
PL 8-1.
27.1013 Furnishing
of invoices to treasurer.
The receiver of any goods imported into
History: 1963,
PL 8-1; 1987, PL 20-29 § 12.
Amendments:
Replaced “Port Director” with
“Treasurer”.
27.1014 Customs officers
service fees.
(a) Charges
shall be collected for services of customs officers from the owner, master or
agency of a vessel as follows:
(1) attendance of customs officers at any place other
than port of entry, per day, $15.00;
(2) attendance
of customs officers outside of regular business hours, per hour, $7.50;
(3) granting
clearance to commercial vessels per entry and per departure, $3.00;
(4) granting
clearance to noncommercial vessels, per entry and per departure, $25.00.
(5) processing Customs Declaration of Entry forms, $5.00
per declaration per vessel. This charge
shall not apply to passengers. The
revenues from this charge shall be deposited in an account earmarked for and
dedicated to the repayment of the government loan approved in 7.1444.3. Upon full repayment of said loan, this charge
shall be repealed.
(b) The schedule
of charges in paragraph (a) (1) and (a)(2) contemplates that those charges are
calculated per man/per hour, or per man/per day, provided that where attendance
of customs officers as paragraph (a)(1) is off Tutuila Island, the cost of
travel, per diem, or other costs, including overtime, will be charged and collected
from whomsoever requires such off-island attendance of customs officers.
History: 1963,
PL 8-1; 1968, PL 10-39; 1972, PL 12-49 § 13;amd 1977, PL 15-9; 1987, PL 20-29 §
13; amd 1998, PL 25-29, 25-33.
Amendments:
1977 Raised charges and added sentence at end. 1987 Subsection (a)(1): raised
charge.
Subsection (a)(2):
added “s” to charge.
Subsection (a)(3):
changed provision to apply to commercial vessels only.
Subsection (a)(4):
added.
Subsection (b):
deletes certain terms and punctuation.
27.1015 Release of imports.
(a) Except
as otherwise provided in this section, no imports may be released from the
custody of the Treasurer until all excise taxes and charges that may become due
before delivery have been paid to the Treasurer, and the agent of the vessel
has authorized delivery.
(b) Imports
may be released before the payment of the excise taxes and charges due if the
importer either:
(1) files
with the Treasurer a general declaration, together with freight bill, bill of
lading and invoices, covering all charges due on the basis of such papers
(invoices may be returned for the convenience of the importer, but must be
produced again with the final declaration); or
(2) files with the
Treasurer an authorization from the carrier to make delivery, and deposits an
amount equal to one and one-half times the excise tax charges based upon the
actual estimated value of the taxable imports, as estimated by the Treasurer.
History: 1963,
PL 8-1;amd 1974, PL 13-46; amd 1987, PL 20-29 § 14.
Amendments:
1974 Substituted
references to excise taxes for references to duties throughout section.
Subsection (b): added “taxable” before the word “imports”.
1987 Substituted references to “Port Director”
and his authority to “Treasurer” throughout section. Subsection (a): replaced
“possession” by “custody”; deleted “or aircraft” after “the vessel”.
27.1016 Unclaimed
merchandise-Sale or destruction-Redemption.
(a) Any
entered or unentered merchandise which remains in customs custody for a period
of 90 days from the date of importation without the payment of excise taxes,
storage or other charges thereon shall be considered unclaimed and abandoned to
the government and shall be sold by the customs officer at public auction.
(b) Merchandise
liable to depreciation in value by damage, leakage, or other causes to such
extent that the proceeds of sale thereof may be insufficient to pay the duties,
storage, and other charges if permitted to remain in customs custody for a
period of 90 days may be sold forthwith.
(c) Merchandise
subject to sale under this section may be withdrawn at any time prior to such
sale upon payment of all duties, storage and other charges and expenses that
may have accrued.
(d) Any
merchandise abandoned, unclaimed, or forfeited to the government under the provisions
of this chapter, and which the Treasurer shall be satisfied will not sell for a
sufficient amount to pay such charges, shall forthwith be destroyed, rather
than sold at auction.
History: 1963,
PL 8-1; amd 1987, PL 20-29 § 15.
Amendments:
1987 Subsection (a): added
“excise taxes” after “payment of”.
Subsection (b): replaced “Port Director” with “Treasurer”.
27.1017 Proceeds
of sale-Deposit into treasury.
(a) The
surplus of proceeds of sale, after the payment of duties, storage charges,
expenses and the satisfaction of any lien for freight charges, shall be
deposited in the treasury of
(b) The owner of the merchandise sold shall, on due
proof of his interest, be entitled to receive from the Treasurer the amount of
any surplus of the proceeds of sale.
History: 1963,
PL 8-1.
27.1018 Exoneration
of master of vessel in which merchandise was imported.
The sale of unclaimed merchandise shall exonerate the
master of the vessel in which the merchandise was imported from all claims of
the owner of the merchandise.
History: 1963,
PL 8-1.
27.1019 Explosives and
gasoline.
The consignee of explosives or gasoline may be required
to take possession within 24 hours or to pay the cost of removal and storage in
a proper place.
History:
1963, PL 8-1.
27.1020 Liability
for duties a personal debt and lien.
The liability for duties attaching on importation
constitutes a personal debt due from the importer to the government which can
be discharged only by payment in full of duties legally accruing. It may be
enforced notwithstanding that an erroneous construction of law or regulation
may have enabled the importer to pass his goods through the customs house
without such payment. It also constitutes a
lien upon the merchandise imported, which may be enforced as a possessory
lien while the merchandise is in the custody or subject to the control of the
government, and thereafter by an action in the appropriate court.
History: 1963,
PL8-l; amd 1979, PL 16-53 § 9.
Amendments: 1979 Substituted “appropriate court” for “High Court”.
27.1021 Priorities in event of insolvency or bankruptcy of importer.
In case of the insolvency or bankruptcy of an importer,
all debts, including duties due the governments of the
History: 1963,
PL 8-1.
27.1022 Contest
of valuation-Reappraisal-Adjustments.
(a) If a
person importing goods into American Samoa is of the opinion that an excessive
valuation has been placed upon the goods imported and desires to protest the
valuation as made, he shall so inform the chief customs officer and then
submit, in writing, a request to the Governor of American Samoa that a Board of
Appraisers be appointed to revalue the goods so imported and valued, setting
forth in the request the reason for his opinion that the goods have been
overvalued.
(b) The Governor shall thereupon appoint a Board of
Appraisers (as a rule, consisting of 3 persons, depending upon the value of the
goods involved) which shall, at its earliest convenience, proceed to reappraise
the goods.
(c) The verdict
of the Board of Appraisers, subject to the approval of the Governor, shall be
final.
(d) If the
valuation placed upon the goods by the Board of Appraisers is lower than the
original valuation placed upon the goods, the government shall pay such
expenses as may have been incurred by reason of this. If the appraisal made by
the board of appraisers is equal to or higher than that originally levied, the
importer shall be required to pay such expenses as may have been incurred by
reason of the appointment of the board.
History: 1963,
PL 8-1.
27.1023 Refund of duties or
excise taxes.
(a) Customs duties or excise taxes paid under this
chapter or 11.1001 et seq. on merchandise which is later sold to the United
States Government or a private or governmental entity for export outside of
American Samoa, shall be refunded on the basis of 100% for sales to the United
States Government and 90% for sales for export outside of American Samoa to the
vendor upon proof that the duty or tax was paid by the vendor, such sale was
made, and the sales price did not include the amount of the duty or tax.
(b) For
purposes of this section no refund shall be allowed in sales of less than $25
per line item.
History: 1963,
PL 8-1;amd 1977, PL 15-50 § 1; amd 2001, PL 27-16.
Amendments: 1977 Subsection (a): amended generally.
2001 Subsection (a): delete the words “or the
government” within the sentence.
27.1024 Seized
property-Liability.
When, in any prosecution or action on account of the
seizure of any vessel, vehicle, merchandise or baggage by any collector or
other officer, judgment is rendered for the claimant, and it appears to the
court that there was reasonable cause for seizure, the court may enter an order
to that effect. The claimant is not in any such case entitled to costs, or is
the person who made the seizure, or the prosecutor, liable on account of any
such suit or prosecution if the vessel, vehicle, merchandise or baggage be,
after judgment, forthwith returned to such claimant or his agent.
History: 1963, PL 8-1.
27.1025 Losses caused by
acts of God.
Neither the government, the customs department, nor any
official or employee of the government is liable or responsible for the loss,
damage or destruction of any property, goods or merchandise caused by or
resulting from an act of God, including but not limited to fire, flood,
earthquake or hurricane.
History: 1963,
PL 8-1; amd 1987, PL 20-29 § 16.
Amendments: 1987 Substitutes government and its officials and employees
for the Governor.
27.1026 Return
of duty on released merchandise prohibited.
No remission, abatement, or refund of duty may be
allowed on account of the destruction of any merchandise after its release from
customs.
History: 1963,
PL 8-1.
27.1027 Immunity of customs
officers.
No customs officer or other authorized employee is in
any way liable to any owner, importer, consignee, agent or any other person
for or on account of any rulings or decisions concerning, or the duties
charged on, any imported merchandise, or the collection of any dues or charges,
or any other matter or thing as to which the owner, importer, consignee or
agent might under these regulations be entitled to protest or appeal from the
decision of such customs officer or other authorized employee.
History: 1963, PL 8-1.
27.1028 Conflict
of interests.
No person employed in the customs office may be
concerned directly or indirectly with the importation of articles into American
Samoa, or shall own any interest in a vessel used for such purpose, or shall
act as the agent, attorney or consignee in connection with imports.
History: 1963, PL 8-1.
27.1029 Authority to prescribe rules and forms.
The Treasurer may make rules and prescribe forms needed
to carry out the provisions of this chapter.
History: 1963, PL 8-1; amd 1987, PL 20-29 § 17.
Amendments: Replaces
“regulations” with “rules” and “Port Director” with “Treasurer”.
27.1030 Use of U.S.C. and C.F.R. as a guide.
In situations not covered by provisions of this chapter,
those provisions of the United States Code, and the Code of Federal Regulations,
which relate to customs, shall be used as a guide, insofar as practicable.
History: 1963, PL 8-1.
27.1031 Violation-Penalty.
In addition to the civil penalties provided within this
chapter, a person convicted of violating or attempting to violate any provision
in this chapter is guilty of a class B misdemeanor and upon conviction shall be
sentenced accordingly; and all goods or vessels in any way connected with any
breach or attempted breach of any provision in this chapter may be seized by
the Treasurer and declared forfeited by the court for the benefit of the
government. The forfeited goods or vessel may, upon the order of the court, be
sold at public auction at such time and place as the court shall order.
History: 1963,
PL 8-1;amd 1980, PL 16-90 § 34; amd 1987, PL 20-29 § 18.
Amendments: 1980 Amended to conform with penalties provided
for in Title 46, Criminal Justice.
1987 Added language
before “a person”; replaced “regulation” with “provision”, “shall be” with
“is”, “Port Director” with “Treasurer”; added “shall be” after “upon
conviction”.
Chapters
11—14
(RESERVED)
Chapter
15
COMMERCIAL
CODE
Sections:
27.1501 Limit on sale price of
goods.
27.1510 Validity of mortgage,
bill of sale, etc.
27.1511 Filing of instrument of
satisfaction.
27.1530 Contracts-Sufficiency of
writing.
27.1531 Contracts-Formal
requirements.
27.1532 Contracts-Enforceability.
27.1501 Limit on sale price
of goods.
No merchant, trader, storekeeper or other person may
sell goods to a Samoan on credit for more than the current cash selling price
of like goods at the place where the credit transaction took place, but this
section shall not prohibit a Samoan from agreeing in writing to pay interest of
not more than 8% per year on overdue accounts growing out of credit
transactions.
History: 1962,
PL 7-23; 1968, PL 10-66; amd 1975, PL 14-16 § 3.
Research
Guide: For a definition of
Samoan, see subsection (g) of 27.0601.
27.1510 Validity
of mortgage, bill of sale, etc.
No mortgage, agreement that creates or provides for a
security interest, bill of sale, conditional sales contract, deed of trust or
conveyance of personal property which is not accompanied by a permanent
delivery thereof to the vendee is valid as to persons who do not have actual
knowledge thereof unless all of the following conditions are met:
(1) it is in
writing signed by the person to be bound and attested to by at least one
witness;
(2) it is filed
with the Territorial Registrar within 10 days after its execution;
(3) it truly
states the consideration upon which it was based or the debt or liability which
it was intended to secure, and contains a description of the land sold or
mortgaged, or the security for the debt or liability that reasonably identifies
the security, whether specific or not.
The security may be described by its listing, category, type, quantity
and/or location and may include property so described which is acquired after
execution of the mortgage or agreement creating or providing for the security
interest.
History: 1962,
PL 7-31; 1968, PL 10-68; amd 2006, PL 29-19.
Case
Notes:
Statute which states that no instrument shall be effective to create a security interest unless it contains a description of items to be mortgaged prevents the creation of a “general mortgage” and reinforces the statutory prohibition against mortgages on after-acquired real property and fixtures, as well as security interests in personal property. A.S.C.A. 27.1510©, 37.1003. </