The Director shall enforce this Chapter in cooperation with the Guam Behavioral Health and Wellness Center. Any person
may register a complaint pursuant to this Chapter with the Director. The Director shall notify any establishment or individual of a complaint made pursuant to this Chapter and shall keep a record of that notification.

(a) The Director shall conduct random, unannounced inspections at retail sites and may enlist the assistance of persons who are between twelve (12) and seventeen (17) years of age, upon written consent of their parents or legal guardians. Participation in these enforcement activities by a minor shall not constitute a violation of § 6405 of this Chapter, and the minor is immune from prosecution and penalties, or under any other provision of law prohibiting the purchase of tobacco products by minors.

(b) The Director shall enact and publish guidelines for the use of minors in inspections conducted pursuant to this Section, that shall include, but not be limited to, all of the following:

(1) the Director may, upon written consent of their parents or legal guardians, enlist the services of minors who are between twelve (12) and seventeen (17) years of age in random inspections to determine if sales of cigarettes or other tobacco products are being made to minors;

(2) a photograph or video recording of the minor shall be taken prior to each inspection or shift of inspections and retained by the Director for the purpose of verifying appearances;

(3) the Director may use video recording equipment when conducting the inspections to record and document illegal sales or attempted sales;

(4) the minor, if questioned by the licensee or his agents about his or her age, shall state his actual age and shall present a true and correct identification if verbally asked to present it. The minor’s failure to provide true and correct identification, if requested, shall be a defense to any action pursuant to this Chapter.(5) the minor shall be supervised of a regularly employed peace officer or an adult duly authorized by the Director during the inspection;

(6) following the sale or attempted sale, the peace officer or adult supervising the minor shall reenter the retail establishment and inform the seller of the random inspection and identify the minor to the seller; and

(7) failure to comply with the procedures set forth in this Section shall be a defense to any action brought pursuant to this Chapter.

SOURCE: Added by P.L. 24-278:3 (Oct. 16, 1998) as § 6120. Repealed and reenacted as § 6500 by P.L. 28-170 (Jan. 29, 2007). Renumbered to adhere to the Compiler’s general codification scheme pursuant to 1 Guam Code Ann.
§ 1606.

NOTE: Pursuant to P.L. 32-024:2 (May 6, 2013) which renamed the Department of Mental Health and Substance Abuse (DMHSA) to the Guam Behavioral Health and Wellness Center, all references to DMHSA were altered to the Guam Behavioral Health and Wellness Center pursuant to P.L. 32-024:4.