27.0207 Licensing for nonresidents.

Cite as [A.S.C.A. § 27.0207]

(a) When an application for a business license is received by the Governor from a person who is not either an “American Samoan” or a “permanent resident” as designated in 41.0502, or in the case of a corporation when the majority stock is not owned by either of such persons, the application shall be referred to the Commission.

(b) The Commission shall hold a hearing on any application received under subsection (a) on due notice to the applicant in order to consider the application in the context of the following standards:

(1) traffic safety;

(2) adequate parking facilities;

(3) availability of water and sewage facilities;

(4) effect on land resources and economic opportunities for resident Samoans;

(5) effect on Samoan customs, culture and traditions;

(6) conformity to the general economic plan.

(c) After due consideration of any testimony and records introduced at the hearing, in the light of the standards set forth in subsection (b), the Commission may deny the application or return it to the Governor with a favorable recommendation. The Governor shall then evaluate the application in the light of the recommendation and the other matters set forth in 27.0208 et seq.

History: 1975, PL 14-4 § 2;amd 1975, PL 14-14 § 1; amd 1978, PL 15-92 § 3.

Amendment: 1975 Subsection (c). changed cite at end.

1978 Subsection (a): deleted "economic development” prior to “Commission”.

Case Notes:

As previously stated in the matter of business license applications it appears that it would be proper to determine the immigration status of an applicant. The wisdom of the issuance of a business license is more properly the province of the Territorial Planning Commission. Thomas A. French V. Aviata Faalevao. ASR (1980).