Definitions

For the purposes of this Division, except as otherwise specifically provided, the following words and phrases, together with all the common derivatives thereof, (i.e., verbs, plurals, gerunds, etc.) shall have the meaning prescribed in this section:

(a)“Applicant” shall mean and include any person who files formal written application in the prescribed form, for any license as herein provided, with the Licensing Division of the Department of Revenue and Taxation of the Government of Guam.

(b)“Board” shall mean and include the License Board appointed under authority of this Division.

(c)“Business” shall mean and include any activity or conduct, whether proprietary, partnership, corporate, or whatever form, engaged in, transacted, conducted, continued, done or carried on, or caused to be engaged in, transacted, conducted, continued, done or carried on, with the object of gain or economic benefit, either direct or indirect, but shall not include casual sales, personal service contracts or fund raising activities by political candidates, committees, parties, corporations, associations, organizations or funds. No political candidate, committee, party, corporation, association, organization or fund shall be required to register with the Department of Revenue and Taxation or be required to obtain a business license.

(d)“Endorsement” shall mean and include written evidence obtained by an applicant from the Examining Department that said applicant has fulfilled necessary qualifications and requirements prior to the obtaining of the License. It shall also, when the context so requires, mean and include the evidence of the endorsement appearing on the face of the License.

(e)“Engaging in, transacting, conducting, continuing, doing or carrying on a business” means a regular employment which occupies the time, labor, or attention of the person on a continuing basis CH. 70 GENERAL PROVISIONS although one

(1)act may be sufficient if circumstances show a purpose to continue, and it need not be the sole or full time employment of the person, but may be on a part time or periodic basis. Without excluding other activities which may not be considered to be specifically engaging in, transacting, conducting, continuing, doing or carrying on a business, a person shall not be considered to be engaging in, transacting, conducting, continuing, doing or carrying on a business within the meaning of this Division solely by reason of carrying on in Guam any one

(1)or more of the following activities:

(1)maintaining or defending any action or suit, or any administrative or arbitration proceeding, or effecting the settlement thereof or the settlement of claims or disputes;

(2)holding meetings of the board of directors or shareholders, or carrying on other activities concerning internal corporate affairs;

(3)maintaining bank accounts;

(4)maintaining offices or agencies for the transfer, exchange and registration of the corporation’s own securities, or appointing and maintaining trustees or depositaries with respect to those securities;

(5)effecting sales through independent contractors;

(6)soliciting or procuring orders, whether by mail or through employees or agents or otherwise, where those orders require acceptance outside Guam before they become binding contracts;

(7)creating or acquiring evidences of debt or mortgages, liens or security interests in real or personal property;

(8)securing or collecting one’s own debts, or enforcing mortgages and security interests in property securing one’s own debts;

(9)owning, without more, real or personal property;

(10)conducting an isolated transaction that is completed within ninety

(90)days, and that is not one in the course of a number of repeated transactions of a like nature; and

(11)transacting business in interstate commerce. The list of activities in this Subsection

(e)is not exhaustive.

(f)“Examining Department” shall mean that department of the Government of Guam which is by law, rule or regulation given the responsibility of examining and endorsing a class of applicants for required qualifications.

(g)“Hold himself out” means to lead others to believe by language or conduct that one has certain qualifications, training, skills, or authority which such person is willing to exercise for the benefit of others.

(h)“License” shall mean and include the permission granted by the Government of Guam, under the authority of this Division, conferring upon the licensee the right to engage in a business or to practice a trade or a profession which without such authorization and permission would be illegal; it shall also, when the context so requires, mean and include the written evidence of such permission.

(i)“License Fee” means the charge or assessment levied by law for the privilege or authority to do that which, without payment for and obtaining such privilege or authority, would be illegal under the provisions of this Division. CH. 70 GENERAL PROVISIONS

(j)“License Division” shall mean that Division of the Department of Revenue and Taxation of the Government of Guam charged with the responsibility and duty of administering this Division. and Chief of such Division shall mean the person who is in charge of the License Division, by direction of the Director of Revenue and Taxation.

(k)[Repealed.]

(l)“Person” means and includes any individual, firm, copartnership, joint venture, association, corporation, estate, trust, or other group or combination acting as a unit.

(m)“Public” may mean any portion of the general population of Guam and shall not mean all the people, nor very many people of a place, but so many of them as contradistinguishes them from a few.

(n)“Renewal” shall mean the continuation for the next succeeding fiscal year (July 1 to June 30) of the privilege to conduct the licensed acts except that no license shall be renewed unless application is made therefor within three months of the expiration of the last license issued.