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27.0501 Definitions.

Cite as [A.S.C.A. § 27.0501]

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 American Samoa for sale to alcoholic beverage licensees and alcoholic beverage vendors.

(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 American Samoa for sale to beer taverns, beer vendors or clubs.

(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.