June 19, 2007, which proposed to amend Chapter 11 of the Palau National Code (PNC), subsection 1015 – as amended by Republic of Palau Public Law (RPPL) 6-14, which was enacted in 2003 – was referred by President Tommy Remengesau back to the Olbiil Er a Kelulau (OEK) on June 2 for further consideration
RPPL 6-14 mandates that cabarets and nightclubs be open for business from 4:00 p.m. to 2:00 a.m. during weekdays; and be allowed to remain open until 4:00 a.m. on weekends – except Sunday nights – and on nights proceeding legal holidays. House Bill No. 7-172-29S proposes to change the closing time of all cabarets and nightclubs to be restricted to 2:00 a.m. regardless of weekends or holidays.The bill passed through the HOD on July 12, 2007 and was forwarded to the Senate and was referred to its JGA’s Committee for review and recommendations; and had remained in the Senate until May 13, 2008.The Senate’s JGA Committee found and reported that since the enactment of RPPL 6-14 in 2003, there has been an alarming rise in alcohol related incidents in Palau.The Committee states in its report to the Senate that “in 2007, alcohol-related car accidents became the second leading cause of the death in [Palau],” and the leading cause of death of people ages 17 to 24.The committee further states that more than a third of all the alcohol-related accidents occurred after midnight as shown in statistic from the Bureau of Public Safety (BPS) and the Ministry of Health (MOH).In addition, the committee indicated that BPS “has had to contend with increased alcohol-related violations involving minors” and has dealt with a significant increase of alcohol-related disturbances and altercations.Further, the committee conferred with cabaret, bar, and nightclub owners about the about the bill – to which some have concurred.Despite concerns that the earlier closing time of 2:00 a.m. – as proposed in the bill – could affect the financial interests of the businesses, the committee (as do the introducers of the bill) opts “to protect the health and safety of all the people in the [Palau]” and recommends its passage through the Senate.Based on the recommendations of the Senate’s JGA Committee, the bill was passed in the Senate and returned to the HOD for further review and final passage.Members of the HOD adhered to the recommendations and findings of the introducers of the bill and the Senate’s JGA Committee; and voted to pass the bill on its final reading on May 15, 2008.Remengesau referred the bill back to OEK indicating that though he agrees with most of the proposed provisions of the bill, he is concerned with the penalty section of the bill – that “it omits a specific penalty provision against” owners of establishments and their employees for selling alcoholic beverages after designated closing time. Remengesau indicated that there must be “clear sanctions against owners of the establishments serving alcoholic beverages during times not permitted by law.”He proposed “licensees from whose premises alcoholic premises are served” outside of the hours mandated by law “shall be subjected to sanctions as set by regulation to be promulgated by the Bureau of Commercial Development.Remengesau applauded members of the OEK for their cooperative effort to “tackle the challenge of alcohol abuse and its tragic consequences.”
