(a) The Board shall not issue an on-sale license for premises located within a distance of five hundred (500) feet from any church, hospital or public or private school of general education where persons under the age of eighteen (18) are taught, the measurements to be taken in a straight line from the center of the nearest entrance to the building used as such church, hospital or school to the center of the nearest entrance of the premises for which a license is applied; except that the provisions of this section shall not prohibit the renewal of any valid on-sale license
previously issued and in effect at the time of a subsequent construction or establishment of such church, hospital or school within five hundred (500) feet of such licensed premises, and provided that such licensed premises shall not subsequently be added to or enlarged; and provided that an on-sale beer licensee coming under this exception shall not thereafter be issued a general on-sale license.

(b) Exception. Notwithstanding the provisions of Subparagraph (a) of this section, the Board may issue an on-sale license for premises located with a distance of five hundred (500) feet from any church, hospital or public or private school of general education where persons under the age of eighteen (18) are taught, if the Board finds that the premises to be licensed are such that would not disturb the church services, or the hospital patients, or the school students, or detract from the peace and quiet of the neighborhood, and that the general benefit to Guam at large by the licensing of such premises would outweigh any benefit to be derived from a strict enforcement of the prohibition. No such exception may be made if the presiding official of the church, hospital or school within the five hundred (500) fee distance does not consent in writing to the waiver of such prohibition.

SOURCE: GC § 25208 as amended by P.L. 11-144.

2017 NOTE: References to “”territory”” removed and/or altered to
“”Guam”” pursuant to 1 Guam Code Ann. § 420.