§ 5554. Hours of Sale- On-Sale Premises
TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION § 5554. Hours of Sale: On-Sale Premises. (a) An on-sale licensee shall not sell or serve any alcoholic beverages after two a.m. A licensee may begin selling and serving alcoholic beverages at nine a.m., and shall secure and close his or her business premises at two a.m., except as otherwise provided. (b) The hours for selling and serving alcoholic beverages by an on-sale licensee, as specified in subparagraph (a) of this section, shall not apply to on- sale licensees operating within the sterile passenger holding areas at commercial airports of the Commonwealth of the Northern Marianas Islands. (c) The restriction in subsection (a) shall not apply to Class 7 licensees. The Class 7 Special On-Sale License authorizes an on-sale licensee to sell or serve any alcoholic beverages from 9:00 a.m. to 2:00 a.m. during weekdays and from 9:00 a.m. to 4:00 a.m. on weekends and holidays. (d) The restriction in subsection (a) shall not apply to Class 8 and Class 9 licensees. (1) The Class 8 Special Casino Liquor License authorizes a licensed casino operator to sell or serve alcoholic beverages specified by the Alcohol Beverage and Tobacco Control Division for twenty-four hours per day within the designated casino premises. (2) The Class 9 Special Electronic Gaming Liquor License authorizes a licensed casino operator to sell or serve alcoholic beverages specified by the Alcoholic Beverage and Tobacco Control Division for twenty-four hours per day within the designated casino premises. Source: MIDC § 11.12.040; amended by PL 16-27, § 3, modified; PL 17-83 § 2(d) (Sept. 23, 2012), modified; subsection (d) enacted by PL 19-30 § 3 (Jan. 21, 2016), modified. Commission Comment: See the comment to 4 CMC § 5511. The Commission changed capitalization in subsection (b) pursuant to 1 CMC § 3806(f). PL 17-83 § 2(d) specified that “4 CMC § 5554 is hereby amended by adding a subsection (a) and a new subsection (b) to read as follows:” Title 4 CMC § 5554, however, already contained subsections (a) and (b). “When a statute is amended to read as follows … the original act or section is considered to be merged with the amendment and the repeal of the amendatory act repeals the original act or section, unless the legislative intent is clearly indicated to be the contrary.” 1A N. Singer, SUTHERLAND STATUTORY CONSTRUCTION § 22.38 (6th Ed., 2002 rev.). Since subsection (a) already existed, the Commission followed the above rule. With respect to PL 17-83 § 2(d)(b), the law’s stated purpose was to enact a “new” subsection. Therefore, pursuant to 1 CMC § 3806(b), the Commission has rearranged PL 17-83 § 2(d)(b) and codified it as a new subsection (c).
TITLE 4: ECONOMIC RESOURCES DIVISION 5: BUSINESS REGULATION The Commission struck the figures “(24)” from subsections (d)(1) and (d)(2) as mere repetitions of written words, pursuant to 1 CMC § 3806(e).
Source: CNMI Law Revision Commission