27.0506 Application-Public notice-Temporary license.

Cite as [A.S.A.C. § 27.0506]

Application for license will be processed according to the following procedures:

(a) The applicant shall submit an application to the chairman of the alcoholic beverage control board on such form as is prescribed by the board. The form must be completed fully.

(b) Upon receipt by the chairman of the board of the application, the chairman shall set a date, time, and place for a public hearing to hear any objections concerning the application. The hearing shall be a minimum of 15 days from the date of receipt of the application.

(c) Upon receipt of the date, time and place of the public hearing, the applicant shall forth-with post 10 consecutive days before the public hearing on or immediately adjacent to the main entry door to the premises to be used under the license a notice of intent to sell alcoholic beverages or beer upon the premises or to import beer or alcohol on such form as is prescribed by the board. The notice shall be in both the Samoan and English languages and shall contain at a minimum, the following information:

(1) Name of the proposed license;

(2) Nature of the license being applied for;

(3) The date, time and place of the hearing to consider the application; and

(4) A statement that all interested persons may submit objections or other views to the board orally or in writing at the hearing.

(d) At or before the public hearing, the applicant shall present to the board an affidavit or other evidence satisfactory to the board that he has complied with the notice requirement.

(e) At or before the public hearing, the applicant shall also provide certificates, in forms satisfactory to the board, as follows:

(1) From the pulenu’u of the village in which the premises are located, that the village council and himself approve the application;

(2) From the director of public health, that the premises and operation as contemplated will comply with the health and sanitation provisions of the laws of American Samoa;

(3) From the commissioner of public safety, that the location of the premises and parking therefor will not create traffic hazards, and setting forth the applicant’s criminal record, if any;

(4) From the fire chief, that the premises comply with all safety requirements regarding fire equipment, emergency exits, and other safety measures for the public;

(5) From the building inspector, that the premises comply with the building laws of American Samoa for the type of occupancy for which it is to be used;

(6) From the director of development planning, that the use of the premises as contemplated is permitted in the zone in which the premises are located under the laws of American Samoa; and

(7) From the attorney general or chief immigration officer, that the applicant is a United States national, or an American Samoan, permanent resident, or otherwise eligible with respect to the immigration laws of American Samoa for the license.

(f) Notwithstanding the foregoing procedures, the board may, upon the written approval of at least 4 members, approve a temporary license to sell alcoholic beverages or beer upon the premises in connection with single fundraising events licensed under the laws of American Samoa.

History: Alc. Bev. Con. Bd. Regs. eff prior to 1975, § 202; and Rule 11-79, eff 13 Dec79, §6;and Rule 2-85. eff 27 Jun 85, § 2.