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Alcohol Beverage Licensed Enterprises, RPPL 7-34 2007

SEVENTH OLBIIL ERA KELULAU
RPPL No. 7-34
Fifth Regular Session, January 2006
(Intro. as HB. No.7-93-5, SD2, CD1, PD1)

AN ACT

To amend 11 PNC, Section 502 to require all individuals, corporations, or other business enterprises selling any merchandise, goods, products, or alcoholic beverages under a general wholesale license, wholesale alcoholic beverage license or has obtained a license issued under 28 PNC, the Foreign Investment Act (FIA), to use a cash register for sales, accounting, and tax purposes and to appropriate funds for repairing and renovating facilities at Palau High School and the Food Services Building; and for other related purposes.

THE PEOPLE OF PALAU REPRESENTED IN THE OLBIIL ERA KELULAU DO ENACT AS FOLLOWS:

Section 1. Legislative Findings. The Olbiil Era Kelulau finds it necessary to require all individuals, corporations, or other business enterprises selling any merchandise, goods, products, or alcoholic beverages under a general wholesale license or wholesale alcoholic beverage license or has obtained a license under 28 PNC, the Foreign Investment Act (FIA), to use a cash register in order to ensure that such licensees are properly recording all sales for tax purposes.

Section 2. Amendment. Title 11 of the Palau National Code, Section 502 is hereby amended to read as follows:

"§ 502. Sale permitted under license and register requirement.

(a) The General Wholesale License issued pursuant to the provisions of this section shall permit the licensee to sell any merchandise, goods or products, except alcoholic beverages, to retailers, wholesalers or other business consumers who intend either to resell such merchandise, goods or products, or use them for business needs as supplies or equipment. Any licensee who desires to sell alcoholic beverages at wholesale must obtain a wholesale alcoholic beverage license according to the provisions of the Alcoholic Beverage Control Act of chapter 10 of this title, in addition to his or her General Wholesale License.

(b) All individuals, corporations, or other business enterprises issued a General Wholesale License or a Wholesale Alcoholic Beverage License in accordance with the provisions of the Alcoholic Beverage Control Act of chapter 10 of this title, or is licensed under 28 PNC, the Foreign Investment Act (FIA), shall be required to use a cash register or other machine for all sales, in order to tabulate the amount of all sales transactions making a permanent record for accounting and tax purposes. Any individual, corporation, or other business enterprise failing to comply with this provision shall be fined not more than five-hundred dollars ($500.00) per violation.

(c) All licensed retailers shall be required to use a cash register or other machine for all sales, in order to tabulate the amount of all sales transactions making a permanent record for accounting and tax purposes. Any licensed retailer failing to comply with this provision shall be fined not more than five-hundred dollars ($500.00) per violation."

Section 3. Appropriation. The sum of $180,000.00 is hereby authorized for appropriation and is appropriated for expenditure and obligation for Fiscal Year 2007 for the purposes of repairing and renovating 8 classrooms at Palau High School that were damaged as a result of fire. The total amount shall come from the Compact Section 213 Investment Account or local revenue at the discretion of the Minister of Finance.

Section 4. Appropriation. The sum of $160,000.00 is hereby authorized for appropriation and is appropriated for expenditure and obligation for Fiscal Year 2007 for the purpose of renovating the Food Services Building into a multi-purpose student lounge to be used for the student tutoring program, serving lunches, and other student activities. The total amount shall come from the Compact Section 213 Investment Account or local revenue at the discretion of the Minister of Finance.

Section 5. Effective date. This Act shall take effect upon its approval by the President of the Republic, or upon its becoming law without such approval.

REPASSED: August 17, 2007
Approved this 22nd of August , 2007.

/s/
Tommy E. Remengesau, Jr.
President, Republic of Palau