4.04.200 Fines and Penalties
A. The following is the schedule of fines and penalties levied on any holder of a Brewer's Licensee who fails to adhere to the rules and regulations specified in this Subchapter. These fines may be amended from time to time. Upon the completion of a Compliance Department investigation and, if a finding is made against the Licensee, the following shall apply:
| First offense: | Letter of reprimand and a minimum fine of three hundred dollars ($300.00) or a fine of up to one thousand dollars ($1,000.00). |
| Second Offense: | Up to a thirty-day (30) probationary period of license and a minimum fine of six hundred dollars or a fine of up to three thousand dollars ($3,000.00). If the fine remains unpaid after the assessed period of probation, it shall continue until it is paid. The Licensee shall not be able to manufacture any beer during the probationary period or until the fine is paid. Plus, the Licensee's other licenses related to alcohol shall be suspended. |
| Third Offense: | Up to a one-year suspension of license and a minimum fine of one thousand eight hundred dollars ($1,800.00) or a fine of up to ten thousand dollars ($10,000.00). If the fine remains unpaid after thirty (30) days the Licensee must reapply for a new License. During the suspension, the Licensee may not manufacture any beer and all of the holder's other licenses related to alcohol shall be suspended. Once the suspension has been completed and the fine has been paid the Licensee must serve a five-year probationary period under the Compliance Department. Any further violation of any of the Tribe's Alcoholic Beverage law, rules and regulations shall result in a permanent revocation of all licenses. |
B. Whatever fine and or suspension the Compliance Director imposes, only Tribal Council can review it. A fine or suspension may be reviewed by Tribal Council when a licensee requests for a review in writing to Tribal Council within five (5) days of receiving notice of fine and/or suspension.
C. For a period of three (3) years, after a Licensee is found to have a violated a provision contained herein if that same Licensee is found to have violated that same provision or a similar provision then any subsequent fines or penalties shall be deemed progressive during that three-year period.
D. Where a Notice of Violation is pending or any suspension or revocation of a License is issued such suspension or revocation shall be made public and such notice may include specific facts that are relevant to the violations committed (seeTCR 2010-30).
