Saint Regis Mohawk Tribe Law Library
Saint Regis Mohawk Tribal Code of Law.

Title 4 Health, Safety and Welfare

Chapter 4.02 Fire Prevention and Building Code

Commentary

The Tribal Council has adopted ,as its own tribal law, the New York State Fire Prevention and Building Code.

Chapter 4.03 Food Code

Commentary

The Tribal Council has adopted ,as its own tribal law, the United States Food and Drug Administration Food Code.

Chapter 4.04 Alcohol Beverages Control

Subchapter 1 Alcohol Beverages Control Act

This Ordinance shall be cited as the "St. Regis Mohawk Tribal Alcoholic Beverages Control Act" and, pursuant to the inherent sovereignty of the St. Regis Mohawk Indian Tribe of the State of New York, shall be deemed an exercise of the Tribe's powers for the purpose of protecting the welfare, health, peace, morals and safety of all people residing on the St. Regis Mohawk Indian Reservation of the State of New York.

All of the provisions of this Ordinance shall be liberally construed to accomplish the above declared purpose. It is the St. Regis Mohawk Tribe's declared intent in enacting this Ordinance to regulate and control all traffic in liquor on the St. Regis Mohawk Indian Reservation of the State of New York except to the extent allowed and permitted under the express terms of this Ordinance.

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.

4.04.020 Relation of Other Tribal Regulations

Any and all prior ordinances, resolutions, regulations or other form of control of the St. Regis Mohawk Tribe of the State of New York whether written or unwritten, which authorize, prohibit, or deal with the sale of alcohol are hereby repealed and have no further force and effect. No Tribal ordinance or regulation shall be applied in a manner inconsistent with the provisions of this ordinance.

4.04.030 Prohibition

TThe introduction on the Reservation for resale, wholesale purchase, sale and dealing in liquor other than by the Tribe or an enterprise of the Tribe is prohibited. Possession of liquor on the Reservation by any person not prohibited by Federal law shall be lawful so long as possession is in conformity with this Ordinance.

4.04.040 Conformity with State Laws

Tribal standards for liquor transactions and possessions and consumption of liquor shall meet or exceed those required by the State of New York including but not limited to:

(a) Hours of Sale: Wine, Beer and mixed Beverages. The Tribe or an Enterprise of the Tribe may sell or offer for sale wine, beer or mixed beverages at all times not specifically prohibited by this Section. The Tribe or an Enterprise of the Tribe may not sell or offer for sale wine and beer and mixed beverages on Sunday between the hours of 2 a.m. and 12 noon. On any other day, the Tribe or an Enterprise of the Tribe may not sell or offer for sale wine, beer or mixed beverages between the hours of 2 a.m. and 8 a.m.

(b) Hours of Consumption. A person is in violation of this if he consumes or possesses with the intent to consume an alcoholic beverage in a public place on the reservation at any time on Sunday between 2 a.m. and 12 noon or on any other day between 2 a.m. and 7 a.m.

(c) Minor. A minor is any person who has not celebrated his/her twenty first (21) birthday.

(d) Purchase of Alcohol by a Minor. Purchase of an alcoholic beverage by a minor prohibited.

(e) Sale to Minors. Sale of an alcoholic beverage to a minor by the Tribe or an Enterprise of the Tribe is prohibited.

(f) Consumption of Alcohol by a Minor. Consumption of an alcoholic beverage by a minor is prohibited.

(g) Possession of Alcohol by a Minor. Possession of an alcoholic beverage by a minor is prohibited unless: (1) such minor is in possession of the alcoholic beverage while in the course and scope of his employment and he is any employee of the Tribe and an Enterprise of the Tribe.

(h) Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor. A person commits a violation of this ordinance if he knowingly purchases an alcoholic beverage for or knowingly gives or makes available an alcoholic beverage to a minor.

(i) Misrepresentation of Age by a Minor. A minor is in violation of this ordinance if he falsely states that he is 21 years of age or older or presents any document that indicates he/she is 21 years of age or older to a person engaged in selling or serving alcoholic beverages.

(j) Employment of Minors. The Tribe or an Enterprise of the Tribe shall not employ any person under 18 years of age to sell, prepare, serve, or otherwise handle liquor, or to assist in doing so. The Tribe or an Enterprise of the Tribe may, however, employ a person under 18 years of age to work in any capacity other than the actual selling, preparing, serving or handling of liquor.

4.04.050 Prohibition of Sales During Emergencies or Dates and Time Established by the Tribal Council

The Tribal Council Head Chief, by authority of Tribal Council resolution, may on an emergency basis and for a period of time not to exceed five (5) business days, by written order, act, directive or notice, prohibit the sale of liquor until such emergency order can be considered by the Tribal Council which may in its discretion, terminate or extend such order for any length of time it deems necessary, or may issue emergency rules, regulations directions or orders concerning the sale of liquor which will be valid during the stated emergency period. The Tribal Council may likewise issue orders prohibiting or limiting the sale of liquor for any period not to exceed seventy-two (72) consecutive hours.

4.04.060 Sovereign Immunity Preserved

Nothing in this ordinance is intended nor shall be construed as a waiver of the sovereign immunity of the St. Regis Mohawk Tribe of the State of New York. No officer, manager or employee of an enterprise of the Tribe shall be authorized nor shall attempt to waive the sovereign immunity of the Tribe.

4.04.070 Penalty

Any person or entity purchasing, possessing, selling, bartering, or otherwise trafficking in liquor on the reservation is in violation of this ordinance of any rule or regulation adopted pursuant to this ordinance and shall be subject to a fine or forfeiture, as applicable, of not more than Five Thousand Dollars ($5,000.00) and may be barred from admission to the Reservation through Due Process of law. In addition, persons or entities subject to the full jurisdiction of the Tribe may be subject to such other appropriate actions as the Tribal Council may determine. All contraband merchandise shall be confiscated by the Tribe and disposed of as directed by the Tribal Council.

4.04.080 Severability

If any clause, part of section of this Ordinance shall be adjudged invalid, such judgement shall not affect or invalidate the remainder of the ordinance but shall be confined in its operation to the clause, part or section directly involved in controversy in which such judgement was rendered.

4.04.090 Disclaimer

Nothing in this ordinance shall be construed to authorize or require the criminal trial and punishment of non-Indians by the St. Regis Mohawk Tribe of the State of New York except to the extent allowed by an applicable present or future Act of Congress or any applicable laws.

4.04.100 Regulations

The Tribal Council shall have the exclusive authority to adopt and enforce Rules and Regulations to regulate the sale, transportation or introduction of liquor on the Reservation and to further the purposes of this Ordinance. Such Rules and Regulations shall have the force of law upon promulgation by Resolution.

4.04.110 Enforcement

This ordinance shall be enforced by the Tribal Council, or any other Agency vested with such enforcement authority by resolution of the Tribal Council.

4.04.120 Effective Date

This ordinance shall be effective upon the date that the Secretary of the Interior certifies this ordinance and published in the Federal Register.

4.04.130 Duration

The Duration of This Ordinance Shall Be Perpetual

Subchapter 2 Rules and Regulations for a Craft Brewery

4.04.140 Forward

The Saint Regis Mohawk Tribal Council ("Tribal Council") has provided in this Subchapter the provisions for a qualified Tribal member or qualified Tribal business to apply for a license to brew beer as long as the brewery is connected to a licensed restaurant or bar.

The rules set forth below shall govern the requirements for the licensing and reporting of any brewery.

The Tribal Council hereby enacts the restrictions, regulations and provisions contained herein for the protection, health, welfare and safety of Saint Regis Mohawk Tribe ("Tribe").

4.04.150 Policy

In order to safeguard the public's safety, the Tribal Council has deemed it necessary to regulate and control the sale and distribution of Alcoholic beverages within the Saint Regis Mohawk Reservation ("Reservation") to promote temperance in consumption and respect for, and obedience to Tribal Law. It is hereby declared that such policy will best be carried out by empowering the Tribe's Compliance Department to determine whether the issuance of a License pursuant to this Subchapter shall promote public convenience and advantage Tribal businesses and whether to increase or decrease the number of such Licenses. When considering a new License application, the Compliance Department also shall consider the proximity of each existing Licensed Premises to the proposed location. The denial of an application is subject only to the right of an Applicant to request the Compliance Department from reconsidering the denial based upon new information. If the Applicant is denied again then he/she can submit its request to Tribal Council for reconsideration.

4.04.160 Definitions (Whenever Used in This Subchapter, Unless the Context Requires Otherwise)

Except as otherwise provided, the definitions from Appendix C-2 are incorporated herein as if fully set forth herein.

For the purpose of this Subchapter an Applicant means an enrolled Tribal Member who is at least twenty-one (21) years old. If he/she holds any other Tribal license he/she must be in good standing under each Tribal license he/she holds and shall not have been convicted of any felony or any criminal offense which is considered a felony in the jurisdiction where convicted. It also includes any entity which is Tribally licensed and in good standing or any wholly-owned subsidiary of the Tribe.

4.04.170 License to Brew Beer

A. Any Applicant may apply to the Compliance Department for a License to brew beer ("Brewer's License"). The amount to be paid is determined under License Fees. The exact amount shall be listed in the Schedule for License Fees.

B. Each Application shall contain a description of the brewery along with the adjacent bar, restaurant or hotel.

C. The Brewer's License shall authorize its holder to brew beer in the designated premises outlined in the application.

D. A Brewer's License shall authorize the sale from the brewery premises to a duly licensed Tribal wholesalers and retailers and to sell or deliver such beer to persons outside of the Tribe's jurisdiction pursuant to the laws of the place of such sale or delivery.

E. A person holding a Brewer's License may sell beer at retail in bulk by the keg, cask or barrel for off-premises consumption.

F. A person holding a Brewer's License may within the brewery or any adjoining licensed premises conduct tastings of, and sell at retail for consumption on or off the licensed premises, any beer manufactured by the licensee. For sales for on-premises consumption, food must be readily available.

G. All of the provisions from Appendix C-2 and Appendix C-3 regarding consumption for on and off premises shall apply so far as applicable to a Brewer's License.

H. A Brewer's License shall entitle its holder to sell beer it manufactures for on premises consumption in an adjacent restaurant and bar. A separate license pursuant to Appendix C-2 is required to the sale of other beer, wine or liquor for consumption in the adjacent bar or restaurant.

I. No Brewer's License shall be issued to any person other than the person listed as the Applicant and for the location outlined in the Application.

J. Under federal law, alcohol related sales and transactions must be in conformity with Tribal and State law. As a condition of the Brewer's License, a person holding a license under this Subchapter 2 must adhere to all Tribal and State regulations applicable to beer manufacturing and transactions, as a condition of the Brewer's License.

4.04.180 Premises Requirement for the Brewery

A. The U.S. Department of the Treasury's Alcohol and Tobacco Tax and Trade Bureau (TTB) is the primary federal agency that exercises jurisdiction over breweries. A person holding a Brewer's License under this Subchapter 2 must adhere to applicable TTB regulations, as a condition of the Brewer's License.

B. Under the Federal Food Modernization Act (FSMA), the Food and Drug Administration (FDA) now has some jurisdiction over breweries. The Tribe now adopts as if fully set forth herein the Good Manufacturing Practices at 21 CFR Part 110. A person holding a Brewer's License under this Subchapter 2 must adhere to applicable FDA regulations, as a condition of the Brewer's License.

4.04.190 License Fees

A. The Compliance Department shall submit to Tribal Council a proposed schedule for license fees for a Brewer's License. The schedule for License fees may be amended from time to time based upon the Compliance Department's recommendation and justification to Tribal Council for the increase. Once an increase has been recommended, Tribal Council shall post the proposed amended schedule to the public for thirty (30) days to comment on it. It shall then be resubmitted as amended to Tribal Council and adopted.

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).

Chapter 4.05 Tobacco Ordinance

4.05.010 Title

This chapter shall be known as the Saint Regis Mohawk Tobacco Ordinance. (the "Ordinance")

4.05.020 Definitions

Provided at Appendix A.

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.

4.05.040 Manufacturuing

(a) Requirement for a License

All persons, within the jurisdiction of this Ordinance, who wish to produce tobacco products, cigarette papers, tubes, smokeless tobacco, pipe tobacco, or roll your-own tobacco, except for a person who produces tobacco products solely for that person's own consumption or use, must possess a Saint Regis Mohawk Tribal Manufacturing License.

(b) Granting of License. A permit to manufacture tobacco products will only be granted to those persons whose principal business activity under such license will be the original manufacturer and the person will agree not to engage in business as a manufacturer without an approved license issued by the Saint Regis Mohawk Tribal Council while serving a suspension or closure. Such a license shall only be approved for those individuals who qualify and comply with the rules and regulations issued hereunder.

(c) Approval or Denial. The Saint Regis Mohawk Tribe reserves the right to deny any application if such rejection is determined to be in the best interest of the Tribe. Reasons found before the granting of, or uncovered after the granting of a license, for automatic rejection include, but are not limited to, the submission of incomplete or false information in the application; the failure to disclose or 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 ordinance, or pay the required fees to the Tribe; or otherwise willfully 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 if 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 shall provide the applicant with an opportunity for a hearing with the Tribal Council.

(d) Renewal. Within 30-days of the license expiration date, the Compliance Department will notify the licensee by mail and include a renewal application. Upon return of renewal application the Compliance Department will review the manufacturer history, and submit a recommendation regarding the application renewal. The Tribal Council will render a decision on the renewal.

The Saint Regis Mohawk Tribe reserves the right to deny any request for a license renewal if any circumstances, such as those referenced in Section 4.05.040(c) of this Ordinance, exist.

(e) Application for a License

(1) Every person or entity, before commencing business as a manufacturer of tobacco products, shall submit an application for a license.

(2) 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, it must be formed and operated pursuant to the applicable laws and regulations of the Saint Regis Mohawk Tribe. The applicant 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.

(3) The application, business plan with minimum criteria and Release of Information form must be completed in full and all other requested information provided. No applications will be accepted without required information.

(f) Minimum Criteria for Cigarette Manufacturing Facility. The premises to be used as a factory by a manufacturer of tobacco products, may consist of more than one building, or portions of buildings, which need not be contiguous but must be located in the same geographic location. A diagram shall be furnished with the application which indicates compliance with the specified requirements below:

(1) Recommended facility size of at least 3000 sq. ft.

(2) Not adjacent to or connected to a building or structure used as a residence.

(3) Dimensions shall be included.

(4) Where the factory is in more than one building, and each building is not identifiable by a separate address; identify each building by a letter, number or similar designation.

(5) Facility must have adequate entrances, exits and fire extinguishers approved by the fire department

(6) A license shall operate only one tobacco manufacturing

(7) Facility must have adequate sanitation for the size of staff

(8) Facility must have adequate security systems

(9) Facility must maintain adequate liability insurance for each building and staff therein

(10) Facility must comply with all environmental rules and regulations of the Saint Regis Mohawk Tribe.

(g) Manufacturer's responsibility

Manufacturers shall respect the Akwesasne Community and its environment, which includes any laws and regulations that relate to air, noise, and traffic. Further, the hours of operation must be favorable to the surrounding dwellings.

Should the Tribal Council deem it necessary for a Compliance Inspector to be stationed in the factory during operating hours, the manufacturer shall provide secure, reasonable accommodations and reimburse the cost to the Tribe for the Inspector.

(h) Distribution of Manufactured Cigarettes. A Tribally licensed manufacturer shall be responsible for their manufactured products. A manufacturer shall only sell its products to St. Regis Mohawk Tribally Licensed Wholesalers.

The Compliance Department shall provide each manufacturer with a list of Saint Regis Mohawk Tribally Licensed Wholesalers.

(i) Application Administration Fee. Each Individual application shall pay an administration fee of Two Thousand dollars ($2,000.00) upon license approval (new or renewal)

(j) Manufacturing Fees

In addition to the annual administration fee in Section 4.05.040(i) above, each Manufacturer shall pay an annual fee of Twenty Four Thousand dollars ($24,000.00) which may be paid to TGF in monthly payments of two thousand dollars ($2,000.00). Payments shall be remitted by the tenth (10th) day of each month. Should a manufacturer fail to remit payment on or before the tenth a 10% late fee shall be assessed

(k) Packages, Marks, Labels and Notices.

(1) Manufacture Marks, Labels and Notices; shall be affixed to the package of finish product. Products shall bear the manufacturers' Name, Logo, Medical Director Warning label. A manufacturer must have a brand name for identification and any notices, as required by the Tribe.

(2) No indecent or immoral picture, print, or representation shall be attached to or stamped, marked, written or printed on any package of tobacco products.

(l) Suspension of License. The Compliance Department will suspend a manufacturer's license if it has reason to believe that the licensee has not in good faith complied with the rules and regulations of the Tribal Tobacco Ordinance, or where a manufacturer has acted with intent to defraud, or has failed to maintain his promises in such manner as to protect the revenue and integrity of the Tribal Tobacco Ordinance and/or the Tribe.

Upon investigating, the Compliance Department will present all pertinent findings and shall give a recommendation to the Tribal Council for suspension and/or other penalties as provided for in the Fine and Penalties section of this Ordinance.

(m) Revocation of License

The Tribal Council may revoke a manufacturing license if it has reasonable grounds based upon the investigation and/or the recommendation.

The Tribal council may revoke a manufacturing license if it has reason to believe that the suspended manufacturer of tobacco products has:

  • Violated the rules and regulations of the Tobacco Ordinance
  • Defrauded or acted with intent to defraud the Tribe,
  • Failed to disclose any material information
  • Failed to protect the integrity of the Tribe
  • Failed to maintain his promises in such manner as to protect the revenue.

(n) Discontinuance of Operations. Every manufacturer of tobacco products who desires to discontinue operations under this part shall dispose of all tobacco products on hand, and shall surrender his license and provide an inventory and report to the Compliance Department as notice of such discontinuance.

4.05.050 Wholesalers

(a) Requirement for a License. Every person who shall engage in the business of buying and selling of tobacco products, except for his or her own personal consumption or use, shall qualify as a wholesaler of tobacco products in accordance with the provisions of this part.

Person's intent on participating in the tobacco products business by purchasing quantities of finished tobacco products from manufactures and/or other wholesalers for purpose of resale and distribution to other wholesalers and/or retailers must be a Saint Regis Tribal Licensed Wholesaler possessing a valid tobacco wholesale license.

(b) Granting of Licenses. The receipt of a license to wholesale 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.

(c) License Approval or Denial. 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 too, 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 whose past behavior would indicate that they would not likely 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 denial and opportunity for a hearing with the Tribal Council.

(d) License Renewal. 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.

(e) 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 operate pursuant to the laws and regulations of the Saint Regis Mohawk Tribe. They 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-2 must be completed and all requested information provided.

(3) The applicant shall provide information regarding the facility in which he/she will conduct their business, his or her experience in tobacco sales, as well as information regarding the proposed wholesale activities including the proposed business relationships with cigarette manufacturers, distributors and retailers on the St. Regis Mohawk Reservation and other entities and individuals that are authorized to engage in tobacco related activities on other Indian Reservations.

(4) Every applicant before commencing business as a tribally authorized Wholesaler will sign a 'Tobacco Distribution Agreement' as shown in Appendix E.

(f) Non-Native Businesses. In the event that a non-tribal entity seeks to do business with local business people they are required to possess a Tribal Vendors Permit. A Vendor Permit application will be filled out and after approval from the Tribal Council the Tribal Compliance Department will issue a Tribal Vendors Permit number, certificate and a copy of the Saint Regis Mohawk Tribal Tobacco Ordinance as prescribed in Section 4.05.030(a).

(g) Sale and Distribution of Tobacco Products.

(1) A Tribally licensed tobacco wholesaler or vendor may purchase cigarettes or other tobacco products from St. Regis Mohawk licensed manufacturers, from other Native American manufacturers or distributors or wholesalers on a Nation- to-Nation basis or from Non-Native American licensed manufacturers, wholesalers or distributors.

(2) A Tribally licensed wholesaler or vendor may sell cigarettes to only authorized tribally licensed retailers in accordance with Section 4.05.060. The licensed wholesaler or vendor may sell such tobacco products to retailers within the Saint Regis Mohawk Reservation or in Nation-to-Nation sales on Indian reservations within the United States to Native individuals/businesses on other Indian Reservations whose operation is in accordance with their respective Tribal laws and regulations. The Compliance Office shall provide each wholesaler or vendor with a list of currently authorized Saint Regis Mohawk Tribal licensed retailers. The Compliance Department reserves the opportunity to discuss and review with the wholesalers the validity of these tribal authorizations.

(h) Annual Licensing Fee. Each wholesaler shall pay an annual minimum fee of $1,500. Within 30-days of expiration a notice will be given to Licensee for renewal purposes. Should a lapse in license coverage occur, business must cease and complete licensing process will be required. Any business conducted without a license will be deemed in violation of this chapter and will be subject to Fines and Penalties.

(i) Reporting Requirement

(1) Each licensed wholesaler shall submit a monthly report providing the amount arettes and tobacco products sold during the reporting period. This information may be used by the Compliance Office to verify that sales were made only to authorized persons and that all appropriate fees have been paid to the Tribe.

(2) The Compliance Office, may, at any time, review records, request an inventory of tobacco products on-hand and request information on sales to licensed retailers and Nation-to-Nation sales. The Compliance Office may communicate with manufacturers and suppliers regarding tobacco products furnished to a Wholesaler to determine that all appropriate tobacco fees are paid.

(j) Tribal Tobacco Fees- Retail and Nation to Nation

(1) The Tribe imposes a tribal tobacco fee on all tobacco products sold in any manner including retail sales on the reservation or sold Nation-to-Nation.

(2) Wholesalers will be liable for the payment of the Tobacco Fee stamps and shall pay the tobacco Fee to the Tribe.

A retail Tobacco Fee Stamp shall be affixed to each carton, case or plastic bag of all tobacco products sold to retailers on the Saint Regis Mohawk Reservation. The cost of said stamps will be assessed based on a 3 tiered system:

(A) Domestic brand cigarettes manufactured on this territory and sold on this territory will be priced at $2.00 per carton.

(B) Other native manufactured cigarettes brought into and sold on this territory will be priced at $3.00 per carton.

(C) National brand cigarettes brought in and sold in this territory will be priced at $4.00 per carton.

A set of "Nation-to-Nation" stamps shall be affixed to each case of cigarettes manufactured on the Reservation and sold in a "Nation-to-Nation" sale. The cost per set of such stamp shall be $12.50/per case of 50 cartons and $15.00 per case of 60 cartons. One stamp must be used to seal the top and one to seal the bottom of each master case.

Such stamps shall be affixed and cancelled as prescribed by the Compliance Office. Stamps will be available for pick up from the Tribe on a daily basis with 24hr. prior notification at the Compliance Department by authorized persons only.

No cigarettes may be sold, transported, or provided by wholesalers to retailers, sold "Nation-to-Nation" or be displayed in retail stores for sale without the appropriate tribal fee stamps properly affixed to the master case or carton.

Replacement of purchased stamps will be considered should fee stamps be subjected to unforeseen natural accidents for example; fire or water damage from water sprinklers or water pipes. Every occurrence will be presented to the Tribal Council and Compliance Department for consideration.

(k) Suspension and Revocation of License. Where the Compliance Department has reason to believe that a wholesaler of tobacco products has not in good faith complied with the Tribal Ordinance, rules and regulations and with intent to defraud, or has failed to disclose any material information required or made any material false statements in the application for the license or has failed to maintain his premises in such manner as to protect tribal revenue, the Compliance Director shall do an investigation and at the conclusion of such investigation shall present all pertinent findings and a recommendation to the Tribal General Counsel. See Section 4.05.070.

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.

4.05.070 Investigation, Compliance, Penalties, and Suspension or Revocation of Licenses

(a) Required Compliance. Failure of a Tribal licensee to abide by the requirements of this chapter will subject the licensee to the penalties provided in this section.

(b) Investigative Authority. The Compliance Office has the authority, responsibility and duty to investigate all potential violations of this chapter. The authority includes the right to inspect manufacturing, wholesaling and retail premises, request information and gather appropriate evidence of any violation.

(c) Violation of the Ordinance. Any offense will be investigated by the Compliance Office and a Report of Investigation will be prepared and presented to the General Counsel. If, after reviewing the Report of Investigation and making any additional inquiries, the General Counsel believes there is reasonable basis to conclude any of the offenses or other violations of the Ordinance have occurred, the Report of Investigation (and other materials deemed appropriate by the General Counsel) will be forwarded to the Tribal Council for its review.

If, the Tribal Council has reason to believe such violation or violations have occurred, the Tribal Council shall issue an order stating the specific allegations and requesting such person to show cause within 5 working days as to why a fine should not be assessed or that the individuals license should not be revoked or suspended for a period the Tribal Council deems appropriate.

If, after hearing all the facts provided by the Compliance Office and the licensee as well as other relevant data, Tribal Council finds that such violation or violations did occur, the Tribal Council shall fine the licensee as per fines and penalties schedule plus an additional penalty based on the full loss of revenue to the Tribe in addition a suspension or revocation of licensing privileges. Such revocation or suspension shall be for a period the Tribal Council determines as warranted. Such fine shall be immediately payable in the manner prescribed by the Tribal Council.

(d) Offenses (including but not limited to):

  • Sale of Cigarettes by a Manufacturer to Other than a Licensed Wholesaler (1st, 2nd or 3rd offense).
  • Sale of Cigarettes by a Wholesaler to Other than a Licensed Retailer or to Persons in a Nation-to-Nation sales (1st, 2nd or 3rd offense).
  • Sale, Transfer or Distribution of Cigarettes without the Tribal Stamp Affixed (1st, 2nd or 3rd offense).
  • Display of Unstamped Cigarettes for Sale in a Retail Store (1st, 2nd or 3rd offense).
  • Sale of Cigarettes to Persons Under Eighteen (18) Years of Age (1st, 2nd or 3rd offense).
  • Providing False Material, Information or Statements in a License Application.
  • Counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps.
  • Internet Cigarette sales are strictly prohibited in and from the Akwesasne territory.
  • Any other violations that jeopardizes the Tribal revenue and/or the integrity of the Tribal Tobacco Ordinance.
  • Violation of the Unfettered Access clause.
  • Continued operation, after notification by the Compliance Department of a violation, subjects the violator to a $200.00 per day fine per license.

Fines and Penalties

Manufacturer

Sale of cigarettes by a Manufacturer to other than a Saint Regis Mohawk Tribal Licensed/Recognized Wholesaler.

1st Offense - Written Notice. Minimum $20,000.00 fine, permanent notice of the offense will be filed in the records of the offending manufacturer.

2nd Offense - Automatic six-month suspension plus a $30,000.00 fine, permanent notice of the offence will be filed in the records of the offending manufacturer.

3rd and Final Offense - $50,000.00 fine. Any licensed manufacturer who, if found guilty of a third time violation of selling cigarettes to other than a Tribal Licensed Wholesaler will have their license(s) revoked and no longer be able to operate a tobacco business on the territory of the Saint Regis Mohawk Reservation up to ten (10) years.

Providing false material, information or statements in a license application whether discovery of such is before or after the granting of a license will be grounds for retraction or refusal of license. This will be accompanied with a waiting period of up to ten (10) years before re-applying for similar license.

Counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps.

  • Fine imposed plus interest, retroactive to start of violation.
  • Reimburse full amount of monies due to the Tribe plus 3 X damages.
  • Civil and Criminal charges will be filed on a case by case basis.
  • Immediate Revocation of "ALL" Tribal licenses.

Any licensed manufacturer who, if found guilty of counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps will have all their licenses revoked and no longer have the privilege to operate a tobacco business on the territory of the Saint Regis Mohawk Reservation for up to ten (10) years.

  • Internet Cigarette sales are strictly prohibited in and from the Akwesasne territory.
  • This chapter supersedes all previous versions but does not release any one entity from previous offenses, fines, and or penalties. All judgments will remain in effect.
  • Any other violations that jeopardizes the Tribal revenue and/or the integrity of the Tribal Tobacco Ordinance.

Fines and Penalties

WHOLESALER

Sale of tobacco products by a Wholesaler to other than a Saint Regis Mohawk Tribal licensed Retailer or other than native wholesalers or entities in a Nation- to-Nation sale.

1st Offense - Written notice, permanent notice of the offense will be filed in the records of the offending wholesaler.

2nd Offense - Automatic suspension of license for six months plus a minimum $20,000.00 fine, permanent notice of the offence will be filed in the records of the offending wholesaler.

3rd and Final Offense - $30,000.00 fine. Any licensed wholesaler who, if found guilty of a third time violation of selling cigarettes to other than a Tribal Licensed Wholesaler or retailer will have their license revoked and no longer operate a tobacco business on the territory of the Saint Regis Mohawk Reservation up to ten (10) years.

The Willful Sale, transfer or distribution of cigarettes without the Tribal Fee Stamp.

1st Offense - Written notice and permanent notice of the offense will be filed in the records of the offending wholesaler.

2nd Offense - Automatic six month suspension plus a minimum $20,000.00 fine, permanent notice of the offence will be filed in the records of the offending wholesaler.

3rd and Final Offense - $30,000.00. Any licensed wholesaler who, if found guilty of a third time violation of selling, transferring or distributing cigarettes without the Tribal Fee Stamp will have their license revoked and not operate a tobacco business on the territory of the Saint Regis Mohawk Reservation up to ten (10)years.

Counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps.

  • Fine imposed plus interest, retroactive to start of violation.
  • Reimburse full amount of monies due to the Tribe plus 3 X damages.
  • Civil and Criminal charges will be filed on a case by case basis.
  • Immediate Revocation of "ALL" Tribal licenses.

Any licensed wholesaler who, if found guilty of counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps will have all their licenses revoked and no longer have the privilege to operate a tobacco business on the territory of the Saint Regis Mohawk Reservation for up to ten (10) years.

  • Internet Cigarette sales are strictly prohibited in and from the Akwesasne territory.
  • This chapter does not release any one entity from previous offenses, fines, and or penalties. All present judgments will remain in effect,
  • Any other violations that jeopardizes the Tribal revenue and/or the integrity of the Tribal Tobacco Ordinance.

Fines and Penalties

Retailer

Sale of tobacco products to persons under the age of eighteen years will result in the following fines and penalties:

1st Offense - Written notice, probation for six (6) months and a permanent notice of the offense will be filed in the records of the offending retailer.

2nd Offense - Automatic six month suspension plus a minimum fine of $5,000.00 will be levied, notice given to all Tribal licensed wholesalers, and a permanent notice of the offence will be filed in the records of the offending retailer.

3rd Offense - $10,000.00 fine. Any tribal licensed retailer who, if found guilty of a third time violation of selling tobacco products to persons under the age of eighteen years will have their license revoked and no longer have the privilege to operate a tobacco business on the territory of the Saint Regis Mohawk Reservation for up to ten (10) years.

Display of Unstamped cigarettes for sale in a Retail store:

1st Offense - Written notice, and a permanent notice of the offense will be filed in the records of the offending retailer.

2nd Offense - Automatic six month suspension plus a minimum fine of $5,000.00 will be levied; notice given to all tribally licensed wholesalers and a permanent notice of the offence will be filed in the records of the offending retailer.

3rd Offense - $10,000.00 fine. Any tribal licensed retailer who, if found guilty of a third time violation of selling tobacco products to persons under the age of eighteen years will have their license revoked and no longer have the privilege to operate a tobacco business on the territory of the Saint Regis Mohawk Reservation for up to ten (10) years.

Counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps.

  • Fine imposed plus interest, retroactive to start of violation.
  • Reimburse full amount of monies due to the Tribe plus 3 X damages.
  • Civil and Criminal charges will be filed on a case by case basis.
  • Immediate Revocation of "ALL" Tribal licenses.

Any licensed retailer who, if found guilty of counterfeiting, fraud, forgery of any/all Tribal authorized documents (ex: license); Tribal issued fee stamps will have all their licenses revoked and no longer have the privilege to operate a tobacco business on the territory of the Saint Regis Mohawk Reservation for up to ten (10) years.

  • Internet Cigarette sales are strictly prohibited in and from the Akwesasne territory.
  • This chapter supersedes all previous versions but does not release any one entity from previous offenses, fines, and or penalties. All judgments will remain in effect.
  • Any other violations that jeopardizes the Tribal revenue and/or the integrity of the Tribal Tobacco Ordinance.

4.05.080 Misellaneous Provisions

(a) Number of Licenses.

No individual or entity shall be issued more than two licenses per DBA.

(b) Savings Clause.

If any provision of this chapter or its application is held to be invalid, the remainder of the ordinance shall not be affected.

(c) Adopt Regulations.

Compliance Department will propose and Tribal Council may adopt regulations and forms necessary to implement the provisions of this chapter.

(d) Amendments

This Tribal ordinance may be amended via a Tribal Council Resolution to allow for any changes and updates should the Tribal Council or the Compliance Department deems it necessary.

4.05.090 Procedures for Compliance on Tobacco Fee Stamp(s), (C) Distribution & Purchasing Process

  • All payments are to be made directly to the Tribal General Fund accounting office.
  • Payment must be accompanied with a customer copy of the remittance form for verification and payment credit.
  • Invoices must be paid within 30 days or before issuance of further stamps, which ever comes first.
  • A late interest rate shall be applied to outstanding invoices after 30 days.
  • The following quantities shall not be exceeded without payment in full on any outstanding invoices:
    • Tobacco fee stamps - will not exceed 10,000 stamps per invoice
    • Nation-to-Nation permit seal stamps - will not exceed 4 rolls (500 sets per roll) per invoice
  • Wholesalers (or designee) are authorized to pay for stamps at time of pick up.
  • No further issuance of stamps will occur if the above conditions are not satisfied.

Appendix A DEFINITIONS

"Cigarettes" shall mean any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any other material other than tobacco.

"Member" shall be defined as a person who is enrolled or who is eligible to be enrolled with the Saint Regis Mohawk Tribe.

"Manufacturer of tobacco products" shall mean any person who manufactures cigars, cigarettes, smokeless tobacco, pipe tobacco or roll-your-own tobacco.

"Manufacture" shall mean the processing of tobacco for sale as a cigarette, cigar and/ or the packaging of tobacco as, pipe tobacco or roll your own tobacco in tins or pouches.

"Nation-to-Nation sale" shall mean distribution of tobacco products to other Native territories in the United States.

"Retail sale" or "sale at retail" shall mean a sale to a consumer or to any other person for any purpose other than resale.

"Retailer" shall mean a person or entity licensed by the Tribe to make retail sales of tobacco products within the territory of the Saint Regis Mohawk Reservation.

"Roll-your-own tobacco" means any tobacco, which, because of its appearance, type, packaging, or labeling, is suitable for use and likely to be offered to, or purchased by, consumers as tobacco for making cigarettes.

"Selling" or "Sale" shall mean any transfer of title or possession or both, exchange or barter, conditional or otherwise, in any manner or by any means whatever or any agreement therefore. Thus, in addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for any consideration other than money are also considered sales.

"Tobacco products" means cigars, cigarettes, smokeless tobacco, pipe tobacco and roll-your- own tobacco.

"Tribal Stamp" or "Tribal cigarette stamp" means any adhesive stamp, metered stamp, heat transfer stamp or other form of evidence of payment of Tribal cigarette fees as prescribed by this chapter.

"Tribally Licensed Retailer" shall mean any retailer that is licensed by the SRMT And/or any Business that is approved by the SRMT (Tribal Council).

"Wholesaler" shall mean an individual or entity licensed by the Tribe to buy, distribute or sell tobacco products to licensed retailers or to other persons tribally authorized for purposes of resale.

Chapter 4.06 Petroleum Fuel Ordinance

Article 4.06.010 Title

This chapter shall be known as the St. Regis Mohawk Petroleum Fuel Regulatory Ordinance.

Article 4.06.020 Purpose

The purpose of this chapter is to regulate the possession, sale, display, storage, transportation, and use of gasoline and other petroleum fuel products in, on, and from Tribal Lands.

Article 4.06.030 Definitions

"St. Regis Mohawk Tribe of Indians" means a federally recognized tribe of Indians located in the State of New York.

"Gasoline and other Petroleum Products" mean leaded gasoline fuel, unleaded gasoline fuel and diesel fuel.

"Tribal Fuel Permit" means an exclusive gasoline fuel permit to possess, transport, store, and sell (wholesale and/or retail) to the general public approved by the Tribal Council of Chiefs.

"Subject Permises" means any trust or restricted lands held in trust by the United States Government, owned by the St. Regis Mohawk Tribe of Indians or its members, designated for such Permit.

"Permit Fee" means any consideration paid in advance to the Tribe for the maintenance of a legal Tribal Fuel Permit.

4.06.040 Tribal Regulartory Power

The provisions of this chapter shall be deemed an exercise of the power and authority delegated to the St. Regis Mohawk Tribal Council by the St. Regis Mohawk Indian Tribal General Council of New York State to regulate business within the boundaries of the St. Regis Mohawk Indian Reservation of New York State.

4.06.050 Tribal Fuel Permit Requirement

On or after the effective date of this chapter, no person shall engage in the sale or distribution of gasoline fuel or other petroleum fuel products on trust or restricted lands within the boundaries of the St. Regis Mohawk Indian Reservation without first having obtained and being the holder of a valid and sustaining Tribal Fuel Permit, visibly displayed in the place of business on the subject's premises.

Those already engaged in the sale or distribution of gasoline fuel and other petroleum products on trust or restricted lands within the boundaries of the St. Regis Mohawk Indian Reservation, will also be required to adhere to this chapter.

4.06.060 Penalties

Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a violation of the laws of the St. Regis Mohawk Indian Tribe of New York and shall be subject to legal action in a court of competent jurisdiction and be subject to a fine of not more than One Thousand Dollars ($1,000.00) and/or both legal action and fine on each occassion of violation.

4.06.070 Tribal Fuel Permit Application

The application for a Tribal Fuel Permit under this chapter shall be made to the St. Regis Mohawk Tribal Council through the Tribal Administrator's office and shall contain the following information:

(a) Name, age, date of birth, enrollment number, and Tribal affiliation.

(b) The residence of the applicant at present and for the past five (5) years.

(c) The proposed place of business and the description of the premises of said property.

(d) The applicant's financial statement.

(e) The applicant's employment history for the past five (5) Years.

(f) A statement as to whether the applicant owns trust or restricted lands within the St. Regis Mohawk Indian Reservation and if so, a description of said property.

4.06.080 Tribal Permit Fees

A Tribal Fuel Permit Fee in the sum of Five Hundred Dollars ($500.00) shall be paid by the Applicant upon approval of the application for a permit by the St. Regis Mohawk Tribal Council, Chiefs and shall be paid annually at the time of permit renewal as provided in Section 4.06.100 hereinbelow.

4.06.090 Tribal Permit Approval Process

In determining whether a permit shall be issued, the St. Regis Mohawk Tribal Council shall take into consideration ownership of the property, location of the place of business, any applicable environmental and safety consideration, and the financial stability and experience of the applicant. The applicant shall be both the owner and the operator of the business. The St. Regis Mohawk Tribal Council shall limit the number of Tribal Permits and locations in the manner to adequately service the area and their determination as to whether or not a Tribal Permit shall be issued is final.

4.06.100 Tribal Permit Reporting

A Tribal Permit to sell or distribute gasoline fuel and other petroleum products shall be applied annually, on or before the 30th day of June. Applicants shall provide at the time of application a notarized statement setting forth the number of gallons and the amount of other petroleum products sold during the previous year, along with the gross income derived from such sales; and further, applicants shall provide the names of all employees and amount of income earned by each. The records provided pursuant to this section are confidential and shall not be available to any person other that the Tribal Council and Tribal Administator.

4.06.110 Books and Records

The St. Regis Mohawk Tribal Council shall have the right and authority to examine the books and records of the permittees at any reasonable time to verify the sales and salaries paid to employees. Said books and records shall be maintained by the permittee on the subject's permises at all times.

4.06.120 Tribal Permit Authorization

The granting of a Tribal Permit pursuant to this chapter shall authorize the permittee to sell gasoline and other petroleum products to any person with the boundaries of the St. Regis Mohawk Indan Reservation and who is the consumer of the petroleum products so purchased.

4.06.130 Tribal Fuel Administrative Fees

In addition to the Tribal Permit Fees described hereinabove, permittees shall pay a tribal administrative fee in the amount of two cents ($.02) per gallon of gasoline sold or distributed. Said fees shall be paid monthly in arrears to the St. Regis Mohawk Indian Tribe of New York State no later then the 10th day of the following month of operation.

4.06.140 Proceeds of Fuel Administrative Fees

The fuel revenues received by the St. Regis Mohawk Indian Tribe as a result of the permit fees and administrative fees described hereinabove shall be deposited in the Tribal General Fund. Said funds shall be used exclusively for the administration of the ordinance and service to and benefit the members of the St. Regis Mohawk Indian Tribe.

4.06.150 Compliance with Applicable Laws

Any permittee who shall fail to comply with the terms of this chapter shall have his permit cancelled or suspended. Written notification of the grounds for said cancellation shall be given at least five days prior to a hearing held before the Tribal Council or their designated committee as provided for in Section 4.06.200 below to determine if this chapter has been violated. Cancellation or suspension by said committee may be appealed to the Tribal Council.

4.06.160 Severability

In any clause, part or section of this chapter shall be adjudged invalid, such judgement shall not affect or invalidate the remainder of the ordinance but shall be confined in its operation to the clause, part or section directly involved in controversy in which such judgement was rendered.

4.06.170 Disclaimer

Nothing in this chapter shall be construed to authorize or require the criminal trial and punishment of non-Indians by the St. Regis Mohawk Tribe of New York State except to the extent allowed by an applicable present or future Act of Congress or any applicable law.

4.06.180 Regulations

The Tribal Council shall have the authority to adopt and enforce rules and regulations to implement this chapter and to further the purposes thereof.

4.06.190 Effective Date

This chapter shall be effective upon it passage and approval. Any and all prior ordinances, resolutions, regulations or other form of control of the St. Regis Mohawk Tribe of the State of New York whether written or unwritten, which authorize, prohibit, or deal with the transport, handling, storage or sale of gasoline and other petroleum products are hereby repealed and have no further force or effort. No Tribal ordinance or regulation shall be applied in a manner inconsistent with the provisions of this chapter.

4.06.200 Enforcement

This chapter shall be enforced by the Tribal Council, or any other Agency or Committee vested with such enforcement authority by resolution of the tribal Council.

4.06.210 Sovereign Immunity

Nothing in this chapter is intended nor shall be construed as a waiver of the sovereign immunity of the St. Regis Mohawk Tribe of the State of New York. No officer, manager or employee of an enterprise of the Tribe shall be authorized nor shall attempt to waiver the sovereign immunity of the Tribe.

4.06.220 Environmental Protection Requirements

It shall be the responsibility of the Permittee to satisfy all federal and Tribal environmental protection and safety requirements with respect to the safe storage, either above ground or underground, handling, and transportation of gasoline and other petroleum products. Any non-compliance with this provision is subject to the terms and conditions of this chapter.

4.06.230 Indemnification

Any person licensed under this chapter to sell or distribute gasoline or other petroleum products on the St. Regis Mohawk Indian Reservation lands shall indemnify and hold harmless the Tribe against loss, cost, or damage due to any injury to persons or property occurring as a result of the sale of such products.

4.06.240 Amendment

This chapter may be amended by a majority vote of the Tribal Council.