4.05.030 General Guidance

(a) Requirement for a License. Any individual who desires to sell, receive with the intent to sell, trade, barter, distribute, or manufacture tobacco products within the boundaries of the Saint Regis Mohawk Reservation (the "Reservation") must be in possession of a valid license issued in accordance with this chapter by the Saint Regis Mohawk Tribal Council (the "Tribal Council"). Further, no person shall introduce tobacco products onto the Reservation retail market without first having received a valid license issued by the Tribal Council in accordance with the provisions of this regulation.

Only enrolled members of the St. Regis Mohawk Tribe or those entitled to enrollment may be granted a Tribal license and under certain circumstances to non-natives.

(b) Granting of Licenses. The receipt of a license to manufacture, wholesale, distribute, retail or sell the cigarettes within the boundaries of the St. Regis Mohawk Reservation is a privilege granted by the Tribal Council on behalf of the Tribe. All actions by the Tribal Council regarding the Ordinance will be taken in the best interest of the Tribe and taken to insure the continuation of successful tobacco activities that are important to the economic development of the Tribe.

(c) License Renewal. The Saint Regis Mohawk Tribe reserves the right to deny any request for a license renewal. Within 30-days of the license expiration date the Compliance Department will notify Licensee by mail and include a renewal application. Upon return of renewal application the Compliance Department will review the licensees history, submit a recommendation, along with the application to the Tribal Council. The decision to renew or deny a License is rendered by the Tribal Council.

(d) Form of Application. Every application for a cigarette and tobacco products license shall be made on a form prescribed by the Compliance Director and shall state name and address of applicant; applicant shall be both owner and operator of business; if the applicant is a firm, partnership, or association, the name and address of each of it's members; if the applicant is a corporation, the name and address of each of it's officers; the address of its principal place of business; the place where the business to be licensed is to be conducted; a release of information/background check on the prescribed form; and any other information the Compliance Department may require for the administration of this chapter.

(e) Changes in Application during licensing period. Should any changes occurring that would affect the information contained in the original application, the applicant must file an amended application within 30-days after the date on which change occurs. Failure to file the amendment will result in a possible fine and/or revocation of license.

(f) Any person(s) who ships or transports cigarettes, tobacco products and/or raw materials to produce tobacco products within the boundaries of this ordinance shall make an application for a Tribal vendor's permit.

(g) Transfer of License. The manufacturer, wholesale and retail licenses issued in accordance with this chapter are personally applicable to the individual or entity to which it is granted. The license is not transferable to any other person. Such license shall continue in effect until it is expired, terminated, suspended or revoked by the Tribal Council. In the case of a business relocating; license may be transferred by the licensee to another location. Prior to relocating a written notification will be forwarded to the Compliance Department stating new address, phone number, etc., for record purposes.

(h) Unfettered Access. The Tribal Compliance Department may enter any premises where tobacco products are produced or kept, so far as it may be necessary for the purpose of examining such products. When such premises are operating, any Compliance Department officer may enter them, in the performance of their official duties. The owner of such premises, or person having the superintendence of the same, who refuses to admit any Compliance Department officer or permits them to examine such products shall be in violation of this chapter.

(i) Tribal Sovereignty Matters. The manufacture, distribution and sale of tobacco on the Saint Regis Mohawk Reservation involve significant issues relating to tribal sovereignty. As such, licensees will report to the Tribe all actions and inquiries by U.S. Federal, State, or international regulatory agencies and will co-ordinate with the Tribe regarding responses to U.S. Federal, State or international regulatory agency actions and inquiries.

(j) Tribal Privilege. Holding a Tribal License is a privilege reserved for the members of the Saint Regis Mohawk Tribe. Tribal License holders and all partners if applicable, agree to represent themselves and the membership of Akwesasne in an honorable and respectful manner by adhering to all Tribal rules and regulations.

(k) Placement of Tribal License. The original copy of the Tribal License must be prominently displayed on the premises covered by the license.

(l) Interference with administration. Should a holder of any Tribal License, corruptly or by force or threats of force, endeavors to hinder or obstruct the administration of this chapter, or endeavors to intimidate or impede any Compliance officer acting in their official capacity, or forcibly rescues or attempts to rescue or causes to be rescued any property, after it has been duly seized for forfeiture to the Saint Regis Mohawk Tribe in connection with a violation of the ordinance shall be liable for the penalties prescribed by this chapter.