27.0202 Definitions.

As used in this chapter, unless the context clearly requires a different meaning the following definitions apply:

(a) “Business” means and includes any activity or conduct (whether proprietary, partnership, corporate, or whatever form) engaged in, or caused to be engaged in, with the object of gain or economic benefit, either direct or indirect, but does not include casual sales or personal service contracts.

(b) “Commission” means the Territorial Planning Commission of American Samoa.

(c) “Endorsement” means and includes written evidence obtained by an applicant from the examining department that the applicant has fulfilled the necessary qualifications and requirements prior to the obtaining of the license. It also, when the context so requires, means and includes the evidence of endorsement appearing on the face of the license.

(d) “Engaging in or carrying on a business” means a regular employment which occupies the time, labor, or attention of the person on a continuing basis although one 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.

(e) “Examining agency” means that agency of the government or department of the government which is by law, rule, or regulation given the responsibility of examining and endorsing a class of applicants for required qualifications.

(f) “License” means and includes the permission granted by the Territory of American Samoa under authority of this chapter conferring upon the licensee the right to engage in a business or practice a trade or profession which without the authorization and permission would be illegal; it also, when the context so requires, means and includes the written evidence of that permission.

(g) “License fee” means the charge or assessment levied by the law for the privilege or authority to do that which, without payment for and obtaining the privilege or authority, would be illegal under the provisions of this chapter.

(h) “Person” means and includes any individual, over 21 years of age, firm, copartnership joint venture, association, corporation, estate, trust, or other combination or group acting as a unit.

(i) “Renewal” means the continuation for the next succeeding year of the privilege to conduct the licensed business except that no license shall be renewed unless the application is made therefor within 3 months of the expiration of the last license issued.

(j) “Treasurer” means the Treasurer of American Samoa or his designated representative.

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

Amendment: 1978 Paragraph (b): substituted “territorial planning” for “economic development”.

Case Notes:

Absent a requirement that all persons engaging in business have a license, only those businesses which are without a license would otherwise be illegal, either malum in se or malum prohibitum, need a license. Government v. South Pacific Island Airways, ASR (1976).