4.04.010 Definitions

As used in this Ordinance, the following definitions shall apply unless the context clearly indicates otherwise:

(a) "Alcohol" shall mean neutral spirits distilled at or above 190 proof, whether or not such product is subsequently reduced for non-industrial use.

(b) "Alcoholic beverage" shall mean any liquid suitable for human consumption, which contains one-half of one percent or more of alcohol by volume.

(c) "Barter" or "Bartering" shall mean the trading for any commodity, act or consideration whether or not there is intrinsic value in the item traded.

(d) "Beer" shall mean any malt beverage containing more than one-half of one percent alcohol by volume.

(e) "Distilled spirits" shall mean any alcoholic beverage that is not beer, wine, sparkling wine or alcohol.

(f) "Enterprise of the Tribe" shall mean the St. Regis Mohawk Tribe, a member of the St. Regis Mohawk Tribe or his or her spouse, or a business entity or association owned and controlled by any of the foregoing, that is licensed by the Tribal Council and pays the appropriate fee set by Tribal Council by Resolution at not less than Two Hundred ($200.00) Dollars and no more than Five Thousand ($5,000.00) Dollars annually.

(g) "Liquor" shall mean all varieties of liquid, semisolid, or solid substance containing alcohol, whether brewed, fermented, formulated, or distilled which is intended for human consumption.

(h) "Minor" shall mean any person under the age of twenty-one (21) years.

(i) "Possession" or "possessing" shall mean having on ones person, vehicle or other property and includes constructive possession through control without regard to ownership.

(j) "Purchase" shall mean the exchange, barter, traffic, receipt with or without consideration in any form.

(k) "Sale" shall mean the exchange, barter, traffic, donation, with or without consideration, in addition to the selling, supplying or distribution by any means, by any person, to any person.

(l) "Transport" shall mean the introduction of alcoholic beverage onto the St. Regis Mohawk Indian Reservation of State of New York by any means of conveyance for the purpose of sale, or distribution, to any licensed dealer.

(m) "Tribal Council" shall mean the duly elected governing body of the St. Regis Mohawk Indian Tribe of New York, a federally recognized Indian Tribe.