4.05.060 Retail Sales

(a) Requirement for a License. Every person who shall engage in the business of retail selling of tobacco products or make retail sales, except for his or her own personal consumption or use, shall qualify as a retailer of tobacco products in accordance with the provisions of this chapter.

A license to engage in retail sales of tobacco products will only be granted to those persons whose principal business activity under such license will be the original applicant or designee and not engage in business as a retailer without an approved license issued by the Saint Regis Mohawk Tribal Council. Such license shall only be approved for those individuals who qualify and comply with the rules and regulations issued here under.

(b) Application for a License.

(1) An individual applicant must be twenty-one (21) years of age or more and a member of the Saint Regis Mohawk Tribe. In the case of a business entity or partnership, the applicant must be formed and operated pursuant to the laws and regulations of the Saint Regis Mohawk Tribe shall furnish with its application for license, a true copy of the articles of partnership or association, if any, or certificate of partnership or association.

(2) The application form at Appendix B-3 must be completed and all requested information provided.

(3) The applicant should provide information regarding the facility in which they will conduct business, experience in tobacco sales, as well as information regarding proposed retail activities including proposed business relationships with cigarette distributors on and off the Saint Regis Mohawk Reservation.

(c) Granting of Licenses. The receipt of a license for the retail sale of cigarettes within the boundaries of the Saint 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.

(d) License Approval or Disapproval. The Tribal Council may reject the application if such rejection is determined to be in the best interest of the Tribe. Reasons for rejection include, but are not limited to, the submission of incomplete or false information in the application; the failure to meet the minimum criteria for the facility; a determination that the individual applicant or, in the case of a business entity, a partner, officer, director, stockholder is not likely to comply with this chapter, or pay the required fees to the Tribe; or otherwise fail to operate the facility in an acceptable manner; or a determination that the approval will adversely impact the economic development of the Tribe or adversely impact the Tribe's relationship with other sovereign entities; or discrepancies are discovered during the investigation process of the applicant. If there is reason to believe that the applicant is not entitled to a license, the Compliance Director shall promptly notify the applicant of the contemplated disapproval and opportunity for a hearing with the Tribal Council.

(e) License Renewal. The annual renewal fee is $50.00. The Saint Regis Mohawk Tribe reserves the right to deny any request for a license renewal and within 30-days before 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, a recommendation is submitted with the application to the Tribal Council and a decision to renew is rendered by the Tribal Council.

(f) Retail Sales Operations.

(1) All licensed retailers will purchase their tobacco products only from tribally licensed wholesalers.

(2) Sale of tobacco to persons under the age of eighteen (18) years old is prohibited.

(3) Retail sales are made to customers for their use and consumption of tobacco products; retailers may not sell tobacco products to individuals intended for future resale.

(4) All tobacco products displayed for retail sales must have the appropriate tribal stamp affixed to the product.

(5) Receipt of unstamped tobacco product from a wholesaler is prohibited under any circumstance.

(6) Sale of unstamped cigarettes and tobacco products is prohibited and subject to fines and penalties.

(7) A written notice will be submitted to the Compliance office of all pre arranged sales or promotions of tobacco products, 30 days prior to sale or promotion. This will be comprised of starting and ending dates (not to exceed twice a year and no longer than 30 days) and prices of products. Business anniversary date is excluded.

(g) Records and Reports. Each retailer shall maintain adequate records of all tobacco products purchased (including the amount purchased from each wholesaler). These records shall be available for inspection by the Compliance Office.