Guam – Senator Mike San Nicolas is concerned that the Alchohol Beverage Control board may be conducting business illegally as they don’t have a quorum.
The ABC board is responsible for approving liquor licenses but Senator San Nicolas says they currently only have two members which he says is just one member short of the 3 members required for a quorum.
Senator San Nicolas says the board is supposed to be comprised of five members and a quorum would be a majority or three members, however Senator San Nicolas says that within the last two months the third member resigned leaving them with only two members. The senator has written to the Attorney General’s office asking for an opinion on whether or not the board can meet with only two members.
“I understand the Governor wants the ABC board to take some action. Our concern is whether or not the lack of a quorum prevents them from taking any action and so we want to make sure that the board is able to perform within the framework of the law and we want to make sure the A.G. is able to clarify that for the board,” said Senator San Nicolas.
Despite only having two members the ABC board actually did meet and conduct business over the weekend. Department of Rev&Tax Director John Camacho confirms that the board met on Saturday and even disapproved and approved some liquor licenses. “The two members basically agreed that the law talks about majority and both of them were present and the majority there’s two and so they met and they entertained those applications,” said Camacho.
Senator San Nicolas says that at the end of June the Governor nominated two more members to the board one of whom has had a confirmation hearing but the legislature won’t be able to confirm that nomination until they go back into session sometime in August.