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Commerce: Alcohol sampling regs ‘consistent’
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Posted on Oct 31 2008
The CNMI Department of Commerce contends that its regulations for alcohol sampling events are consistent with local law in the face of criticism from a House lawmaker earlier this week.
In an Oct. 29 letter to Rep. Stanley Torres (R-Saipan), who cited an apparent conflict between the regulations and laws governing events where customers can sample alcohol, Commerce Secretary Michael Ada says the issue is now in the hands of the Office of the Attorney General but staff with his department argue the rules are in line with the law.
On Monday, Torres sent a letter to Commerce pointing to a law that says alcoholic beverage sampling events “may be conducted at any on-sale or off-sale licensed establishment.” Torres noted that departmental regulations issued last year carry an added restriction not stipulated in the law.
Under the new regulations, said Torres, the owner of an establishment hosting a sampling event must have either a license to serve alcohol or written authorization from Commerce. The requirement that a licensee must own the bar, restaurant or other locale where the event takes place contradicts the law, he added.
“The regulations are in conflict with the law, which permits sampling activities or events to be conducted at any on-sale or off-sale establishment provided that it is a licensed establishment,” Torres wrote. “In no part of this law does it state that a licensee must own the premises at which an on-sale or off-sale sampling activity or event takes place.”
However, Ada in a letter says that the regulations are designed to ensure that sampling events occur within the framework of Commerce’s regulations.
“The intent of this regulation is to ensure that if an individual or entity does not own the establishment at which they propose to hold the sampling event, that they receive prior written approval from the owner(s) of the establishment to be submitted along with their application,” Ada said. “This assures the ABTC division that there is an approved location to host such an event.”
