Title 7 Commerce and Finance

Chapter 7.02 Secured Transactions Ordinance

7.02.010 Title, Purpose and Applicability

(a) Title. This chapter shall be known as the "Saint Regis Mohawk Secured Transactions Ordinance" (the "Ordinance").

(b) Purpose. The purpose of this chapter is to recognize that, under the law of the Saint Regis Mohawk Tribe (the "Tribe"), a federally recognized Indian tribe, except as otherwise provided in this chapter, secured parties under a certain Construction and Term Credit Agreement entered into as of August _____, 2008 between the Te Wà Tha Hón:Ni Corporation, Akwesasne Mohawk Casino, LLC, Mohawk Bingo Palace, LLC, KeyBank National Association, as joint lead arranger and administrative agent, Jefferies Finance LLC, as joint lead arranger, RBS Citizens, N.A., as documentation agent, and the several banks and other financial institutions from time to time a party thereto (the "Credit Agreement") shall have the same rights with respect to collateral securing the Obligations described in the Credit Agreement that is subject to the sovereign authority of Tribe as would exist if all aspects of the security interest (including but not limited to its creation, attachment, perfection, and priority) had been governed by the New York UCC, without regard to the choice of law principles set forth therein.

(c) Applicability. This chapter shall apply only to security interests and collateral securing the Obligations described in the Credit Agreement.

7.02.020 Definitions

In this chapter, the terms listed below have the following meanings:

(a) "New York UCC" means Articles 1, 9 and the applicable provisions of Article 8 referenced by Article 9 of the Uniform Commercial Code as enacted in the Consolidated Laws of the State of New York, as amended from time to time in accordance with the laws of the State of New York.

(b) "Obligations" has the meaning set forth in Section 1.1 of the Credit Agreement.

(c) "Pledged Revenues" means all of a Tribal Party's money, earnings, income, and revenues (and any proceeds thereof), and all of the Tribal Party's rights to, and interest with respect to, receiving the foregoing before actual possession, whether in the form of money, deposit accounts, investments, accounts, instruments or other assets, and the proceeds thereof, in which a Tribal Party has granted a security interest to a secured party to secure the Obligations described in the Credit Agreement in a writing signed by the Tribal Party.

(d) "Tribal Lands" means all lands within the Tribe's reservation and all lands held by the United States in trust for the benefit of the Tribe.

(e) "Tribal Party" means the Te wá tha hón:ni Corporation, Mohawk Gaming Enterprises, LLC, and any other enterprise, corporation, limited liability company, or other entity that becomes a Guarantor of the Obligations under the Credit Agreement.

Any undefined terms that are defined in the New York UCC are used in this chapter with the meanings that apply in the New York UCC.

7.02.030 Scope

This chapter shall apply only to security interests and collateral subject to the sovereign authority of the Tribe securing the Obligations described in the Credit Agreement, to the same extent provided in Section 9-109 of the New York UCC, except that provisions of Sections 9-109(c)(2) and (c)(3) of the New York UCC shall be ineffective to limit the application of the New York UCC to Tribal Parties in accordance with this chapter. This chapter shall not apply to security interests or collateral securing any obligations other than the Obligations described in the Credit Agreement.

7.02.040 Laws Applicable to Security Interests

(a) With respect to any security interest to which this chapter applies, except as provided elsewhere in this chapter, the rights and obligations of any person shall be governed by the New York UCC, including those rights and obligations related to enforcement of a security interest or arising after a default, including all filing requirements.

(b) Except as provided elsewhere in this chapter, the perfection, effect of perfection or non-perfection, and priority of any security interest to which this chapter applies shall be determined in accordance with the New York UCC as if each debtor were (for purposes of Sections 9-301 through 9-307 of the New York UCC) located in the State of New York and as if the Tribal Lands were subject to the laws of the State of New York.

(c) Notwithstanding any provision of the New York UCC to the contrary, a security interest granted by a Tribal Party in Pledged Revenues shall be created and attach upon the giving of value and the granting of such security interest in a writing executed by that Tribal Party. Such security interest may be perfected only by the filing of an initial financing statement in the same manner and in the same location as if all of such Pledged Revenues were accounts.

(d) No UCC financing statement shall be required to be filed with the Tribe, nor shall any such filing be effective to perfect any security interest governed by this chapter.

(e) Notwithstanding the incorporation by reference of the New York UCC as a law of the Tribe as provided in this chapter, nothing herein shall be construed to subject the Tribal Lands, Tribal Parties, or the Tribe to the general laws and jurisdiction of the State of New York.

7.02.050 Amendment

Once applicable to any security interest, this chapter shall remain in effect with respect to that security interest until all obligations secured thereby have been fully and finally discharged or otherwise fully satisfied, except that this chapter may be amended, with prior notice to each secured party, only to the extent such amendment is not adverse in any way to any secured party with respect to any security interest.

7.02.060 Repealer and Effective Date

(a) To the extent any provision of any law, ordinance, resolution, motion, or any other action of the Tribe or any Tribal Party heretofore taken is in conflict with any provision of this chapter, the provisions of this chapter shall control.

(b) This chapter will be effective on the date a security interest to which this chapter applies is granted in a writing signed by a Tribal Party to a secure the Obligations described in the Credit Agreement. Once effective, this chapter will be automatically repealed without further action by the Tribal Council at the time the Obligations described in the Credit Agreement are fully and finally discharged or otherwise fully satisfied.

7.02.070 No Waiver of Immunity

Nothing in this chapter shall waive or impair the Tribe's sovereign immunity or the sovereign immunity of any other Tribal Party.

Chapter 7.03 Room Occupancy Fee Ordinance

7.03.010 Forward

The requirements for occupancy permits, the distribution of permits, reporting requirements, remittance of occupancy fees and other obligations is set forth below.

Facilities that offer accommodations within the jurisdiction of the Saint Regis Mohawk Tribe (SRMT) must comply with all SRMT adopted Fire Safety and Building Codes regulations and apply a room occupancy fee for each occupied room per day.

The rules and regulations set forth below applies to the occupancy of any room at any Hotel or Motel located within the jurisdiction of the SRMT.

7.03.020 Purpose

The imposition of an Occupancy Fee has been determined to be in the best interest of the Tribe to help provide revenue for services that ensure the health, safety and welfare of Tribal Members.

7.03.030 Definitions

"Hotel" means a commercial establishment offering lodging to travelers and sometimes to permanent residents, and often having restaurants, meeting rooms, stores, etc., that are available to the general public.

"Motel" means a hotel providing travelers with lodging and free parking facilities, typically a roadside hotel having rooms adjacent to an outside parking area.

"Occupancy" means the use or possession, or the right to the use or possession, of any room or rooms in a hotel or motel for any purpose.

"Room" means any room in a hotel or motel for the use of which the hotel or motel receives a sum of currency for the use and occupancy of the room.

"Fee" means the Occupancy Fee.

"Person" means any organization, whether it be a sole proprietorship, partnership, joint venture, trust, estate, unincorporated association, corporation, or government or any part, division, or agency of any of the foregoing, and an individual or group of individuals.

7.03.040 Occupancy Permit Requirements

There shall be a requirement to obtain a Saint Regis Mohawk Tribe permit to offer any rooms for rent for any duration.

7.03.050 Permit Application Requirements

Shall include the Following:

Applicants Full Name
Tribal Enrollment Number
Business name (d/b/a)
Business Address
Business Phone and Fax numbers
Business e-mail
Investors full name
Total number of rooms available for occupancy

7.03.060 Permit Process and Distribution

The applicant must complete the application with the Compliance Department.

Upon completion of an application the business shall be inspected for compliance of applicable codes.
Upon completion of the inspection a report shall be issued to the applicant and any violations shall have an order of satisfactory completion date.
Annual code inspections shall be conducted thereafter at each hotel/motel.

7.03.070 Permit Fee

The applicant for an occupancy permit for a hotel and/or motel shall remit an initial application fee of fifty dollars ($50.00) for an application.

7.03.080 Permit Denial

Should it be determined that an applicant's location not be in compliance with applicable codes, the applicant shall be notified of the specific deficiencies and a permit shall not be issued for the occupancy until non-compliance is rectified.

7.03.090 Occupancy Rate

The SRMT Room Occupancy Fee rate shall be assessed at ten dollars ($10.00) per room for each day of occupancy.

7.03.100 Exemptions

(a) No Occupancy Fee shall be imposed on any Onkwehonwe (Tribal member, First Nations member or Band members) who provide their membership card as proof of being Onkwehonwe.

(1) An invoice must be kept for monthly reports along with a photo copy of the Onkwehonwe membership card.

(b) No Occupancy Fee shall be imposed upon any person who receives a complimentary room and does not pay for the use of the room personally. It shall be the responsibility of the entity or payee offering the complimentary occupancy to remit the fees to the hotel/motel or complete the authorization form prior to the date of occupancy.

7.03.110 Reporting Requirements

Shall be outlined below and required to be remitted and adhered to at all times.

(a) A daily log sheet (Appendix A) or a pre-approved version with comparable information shall be completed for each day of operation. (This record must be available for inspection by the Compliance Inspectors.)

(b) A monthly report will begin on the 1^st day of a month and end on the last day of each month. (Appendix B) or an approved version with comparable information must be completed

(c) The assessed occupancy fees shall be remitted to the SRMT Accounting Department by the 15^th of each month for the preceding month.

(d) The Monthly Report must be remitted to the SRMT Compliance Department no later than the 15^th of each month for the preceding month.

(e) When No Occupancy Fee is imposed on any Onkwehonwe:

(1) An invoice must be kept and remitted with the monthly reports and must also provide a photo copy of the Onkwehonwe membership card.

7.03.120 Use of Occupancy Fees

The Occupancy Fees will be utilized to assist in the education and recreation of the membership of the Tribe and in tourism.

7.03.130 Violations

Violations may include, however are not limited to:

Failure to remit collected occupancy fees on or prior to 15^th of each month.
Remitting false reports.

7.03.140 Amendments

This document may be amended from time to time should it be determined by Tribal Council, The amendment process shall be as follows:

Each Hotel/Motel Occupancy Permit holder shall be provided notice that there will be three (3) public meetings scheduled to discuss any proposed amendments. All comments received shall be given consideration, prior to final approvals.
Final drafted amendments shall then be presented to Tribal Council who may by Tribal Council Resolution, enact the proposed amendments into the law or regulations; this shall be done during a regularly scheduled Work Session.

Chapter 7.04 Communications Regulatory Act

Subchapter 1 Definitions

7.04.010 Definitions

The following definitions shall apply to all provisions of the Saint Regis Mohawk Communications Regulatory Act:

(a) "Act" means the Saint Regis Mohawk Communications Regulatory Act.

(b) "Broadcasting" means the dissemination of any radio or television communications intended to be received by the public, both directly or by the intermediary of relay stations.

(c) "Certificate of Public Convenience and Necessity" or "CPCN" means the certificate issued by the Commission to authorize communications business or related activities within the defined service areas of the Saint Regis Mohawk Tribe, as that territory from time to time may be enlarged.

(d) "Commission" means the Saint Regis Mohawk Telecommunications Regulatory Commission or any successor agency authorized by the Saint Regis Mohawk Tribe to regulate Communication Services.

(e) "Communications Service" means any of the following: Telecommunications Service (as defined in 47 U.S.C. § 153(20)); Video Service; broadband service; advanced services (as defined in 47 C.F.R. § 51.5); and Internet protocol-enabled service; however these services are classified by the FCC.

(f) "Communications Service Provider" means a person or entity that offers Communications Services to customers on Tribal Land without regard to the technology or medium used by the person or entity to provide the Communications Service.

(g) "Communications Service System" means the facilities including office and billing functions by which the Communications Service Provider provides Communications Service.

(h) "Cramming" means the illegal practice of adding charges to a subscriber's bill for services not ordered.

(i) "Customer" means someone who receives a communications service whether for a fee, in exchange for a benefit, or gratis.

(j) "Facilities-based Provider" means a person or entity that provides Communications Services by constructing and operating its own facilities.

(k) "Federal Communications Commission" or "FCC" means that agency as presently authorized by the U.S. Congress or any successor agency authorized by the Congress that regulates interstate and international communications by radio, television, wire, satellite, and cable in all 50 states, the District of Columbia, and U.S. territories.

(l) "Franchise Agreement" means the agreement entered into by the recipient of a Franchise and the Saint Regis Mohawk Tribe that provides the terms of a Franchise, privilege, permit, license, or other authorization to construct, operate, maintain, or manage Communication Services within the Saint Regis Mohawk Tribe's jurisdiction.

(m) "Franchise" means an initial authorization, or a renewal of an authorization, that is issued by the Commission and authorizes the construction or operation of Communication Services on Tribal Land.

(n) "Person" means a natural person, either a Saint Regis Mohawk Tribal member, nonmember, sole proprietorship, partnership, corporation, limited liability company or professional association, joint venture, trust, estate, unincorporated association, any wholly owned enterprise of the Tribal government, public or private organization, and any part, division, or agency of any of the foregoing or any other entity.

(o) "Pole Attachment" means an attachment of a wire or cable by a telephone system, or a cable television system to a pole; the term also includes ducts or conduits and other underground apparatus requiring the use of public right-of-way, owned or controlled by a public utility.

(p) "Rates" mean any rate, toll, rental, charge or surcharge, or classification of any person engaged in providing Communication services.

(q) "Reseller" means a person or entity that provides Communications Services by subscribing to the Communications Services or facilities of another Communications Service Provider and resells those services to the public.

(r) "Slamming" means the illegal practice of changing a subscriber's service without first obtaining the consent of the subscriber.

(s) "Saint Regis Mohawk Tribe" or "SRMT" means the federally recognized tribe.

(t) "Saint Regis Mohawk Tribal Council" means the duly elected governing body of the Saint Regis Mohawk Tribe, comprised of three chiefs and three sub-chiefs.

(u) "Saint Regis Mohawk Tribal Court" means the judicial branch of the Tribal government comprised of a Chief Judge, Associate Judges and staff and who operate pursuant to Tribal Law.

(v) "Subscriber" means the person or entity in whose name service is rendered, as evidenced by the signature on the application or contract for that service, or by the receipt and/or payment of statements, invoices, or bills regularly issued in such name regardless of the identity of the actual user of the service.

(w) "Tariff" means the filed and approved rates, rules, and regulations of a Communication Service Provider that sets forth the services and products offered and the rates charged, and the terms and conditions for the use of those services and products.

(x) "Tribal Land" means the Saint Regis Mohawk Reservation, including all Indian Lands or Indian Country of the Saint Regis Mohawk Tribe, as may from time to time be expanded and any and all lands within the jurisdiction of the Saint Regis Mohawk Tribe.

(y) "Video Service" means the transmission to subscribers of video programming (as defined in 47 U.S.C. § 522(20)) and other programming that a provider makes generally available to all subscribers through facilities located at least in part in a public right-of-way and without regard to the technology used for delivery.

(z) "Video Service System" means a system consisting of a set of transition paths and associated signal generation, reception, and control equipment that is designed to provide Communications Service directly to subscribers within the Tribal Land. The term includes, but is not limited to, the optical spectrum wavelengths, bandwidth, or other current or future technological capacity used to provide Video Service. The term does not include a system that transmits Communications Service without using any public right-of-way.

Subchapter 2 Practice and Procedure

7.04.020 Short Title

This chapter shall be known and may be cited as the Saint Regis Mohawk Communications Regulatory Act (and herein referred to as the "Act").

7.04.030 Purpose

(a) The purposes of this chapter are:

(1) To make available efficient, reasonably priced, state-of-the art Communication Services to the people of the Saint Regis Mohawk Tribe;

(2) To promote and expand Communication Services within the area subject to the jurisdiction of the Saint Regis Mohawk Tribe; and

(3) To ensure that all Communication Services provided within the jurisdiction of the Saint Regis Mohawk Tribe are consistent with and promote the health, welfare and economic benefit of the Mohawk People.

(b) The provisions of this chapter shall be construed and applied in each instance to ensure that the purposes of this chapter are accomplished in each action that is taken.

7.04.040 Jurisdiction

(a) The provisions of this chapter shall apply within the Tribal Lands of the of the Saint Regis Mohawk Tribe as it exists on the day of the adoption of this chapter, and as it may be expanded from time to time.

(b) By virtue of its inherent sovereign powers, the Saint Regis Mohawk Tribe has the authority to assert jurisdiction over Communications Services and Systems that operate on Tribal Land and that are not preempted by applicable law and regulation of the federal government of the United States.

7.04.050 Federal Law Binding

Federal laws currently in force regulating Communications Services which do not preempt the jurisdiction of the Saint Regis Mohawk Tribe to regulate Communications Services shall have the same force and effect and shall be binding and obligatory upon the Saint Regis Mohawk Tribe and any entity operating upon Tribal Land to the extent that said laws fulfill the purposes of this chapter at set forth in Section 7.04.030, above. To the extent such existing Federal laws may be preempted by the jurisdiction of the Saint Regis Mohawk Tribe, the Commission may enact such laws in the future.

7.04.060 Establishment of Saint Regis Mohawk Telecommunications Regulatory Commission

This chapter hereby establishes the Saint Regis Mohawk Telecommunications Regulatory Commission to carry out the duties of regulating Communications Services within the jurisdiction of the Saint Regis Mohawk Tribe.

7.04.070 Composition of the Commission

(a) The Commission shall include one (1) chairman and two (2) additional commissioners who will be selected exclusively by the Saint. Regis Mohawk Tribal Council for 3 year terms, with the terms of each chairman and commissioner not to end concurrently with one another.

(b) The Commission has the authority to hire the staff necessary to fulfill its regulatory mission.

7.04.080 Qualifications for Commissioners

(a) All Commissioners shall be at least 30 years of age and shall be competent and knowledgeable in one or more fields including accounting, economics, energy engineering, finance, law, natural resource conservation, public affairs or any other field(s) substantially related to the regulation of Communications Services.

(b) All Commissioners must possess a minimum of a Bachelor's Degree.

(d) At the time of appointment or during his or her term of office, a Commissioner may not:

(1) Have any financial interest, other than ownership of shares in a mutual fund, in any business entity which, either directly or indirectly, owns or controls any public utility regulated by the Commission, in any public utility regulated by the Commission, or in any business entity which, either directly or indirectly, is an affiliate or subsidiary of any public utility regulated by the Commission.

(2) Be employed by or engaged in any business activity with any business entity which, either directly or indirectly, owns or controls any public utility regulated by the Commission, by any public utility regulated by the Commission, or by any business entity which, either directly or indirectly, is an affiliate or subsidiary of any public utility regulated by the Commission.

(e) In addition to the above, the Chairman of the Commission shall have at least 10 years of experience in the Telecommunications Industry and shall also have a minimum of 2 years of experience as a Commissioner of a regulatory body, such as a Communications Commission, a Public Service Commission or a Utility Commission.

7.04.090 Duties of the Commission

The Commission shall abide by the operating procedures and duties as set forth in this chapter and in the Commission By-Laws as approved by the Saint Regis Mohawk Tribal Council.

7.04.100 Powers of the Commission

(a) In accordance with the Commission's By-Laws and as specifically designated in this section or in any rule, regulation, decision, order, or other official pronouncement adopted hereunder, the Commission shall have the power to perform any and all acts necessary and convenient to supervise, monitor, and regulate the provisioning of Communication Services within the jurisdiction of the Saint Regis Mohawk Tribe.

(b) The Commission shall have the following specific powers:

(1) To promulgate such rules and regulations as appropriate for the accomplishment of its purpose and authority, duties and responsibilities pursuant to this chapter, and to enforce such rules and regulations.

(2) To promote community education on Internet safety, healthy Internet use, and economic development.

(3) To act upon and regulate any and all communications activity within the jurisdiction of the Saint Regis Mohawk Tribe, including but not limited to telephone, television, telegraph, cable television, two-way radio, and other Communications Services.

(4) To supervise all providers of Communications Services within the jurisdiction of the Saint Regis Mohawk Tribe. The Commission shall have the power to and shall routinely:

(A) Ensure all providers of Communications Service are in compliance with all provisions of law and orders of the Commission;

(B) Either through its members or inspectors or employees duly authorized by it to enter in and to inspect the property, equipment, buildings, plants, factories, offices, apparatus, machines, devices and lines of any Communications Service Provider; and

(C) Examine all providers' of Communications Services general condition, capitalization, franchises, lease agreements, and operation, management, safety, and security of lines and property.

(5) To establish methods, procedures, conditions, and fees for obtaining permits and developing approved tariff schedules for Communications Services within the jurisdiction of the Saint Regis Mohawk Tribe.

(6) To establish and collect franchise, filing, and other fees from persons at amounts that are appropriate for the matter for which such collection is being made.

(7) To order repairs or improvements to or changes in any facilities of a provider of Communications Services necessary to promote the convenience of the public or employees, or in order to secure adequate service or facilities for Communications Services.

(A) The Commission shall make and serve an order directing that such repairs, improvements, changes or additions be made within a reasonable time and in a manner to be specified therein;

(B) All providers of Communications Services are hereby required and directed to make all repairs, improvements, changes, and additions required of it by any order of the Commission served upon it.

(8) To adopt rules and regulations, decisions, and orders governing quality of service, which may govern not only service transmission quality standards but also the service itself, including but not limited to the establishment of service, temporary service, line connection, provision of service, billing and collection, resolution of customer disputes, termination of service and notice, and Communications Service for the disabled, handicapped, and the elderly, and like matters.

(9) To hold administrative hearings and conduct investigations.

(A) The Commission shall have the power to administer oaths to witnesses summoned to testify in any inquiry, investigation, hearing, or proceeding and also to administer oaths whenever the exercise of such power is incidentally necessary or proper to enable the Commission or a Commissioner to perform a duty or to exercise a power.

(B) The Commission shall establish procedures and requirements for hearings and investigations pertinent to the functions and powers of the Commission, including procedures:

(i) To receive, consider, and hear complaints concerning any non-compliance by any person of any provision of this chapter and/or the rules and regulations, decisions, orders, or other official pronouncements;

(ii) To issue and compel by power of subpoena the presence of any person or the production of any document, or any type of evidence deemed relevant to a matter properly before the Commission;

(iii) To issue decisions and orders, opinions, or other official pronouncements on any matter properly raised before the Commission and as may be necessary in the enforcement and implementation of its functions.

(10) To establish and impose fines and/or any other civil sanction(s) deemed appropriate by the Commission for violations of any provision of this chapter and/or its rules and regulations, decisions, orders, or other official pronouncements.

7.04.110 Adoption of Rules and Regulations

(a) The Commission may promulgate rules and regulations in accordance with this chapter for the purpose of enforcement of this chapter.

(b) Prior to the adoption by the Commission of any rules and regulations being promulgated in accordance with this chapter, notice shall be given to the public, including the Saint Regis Mohawk Tribe community and any customer of any provider of Communications Services authorized by this chapter to provision services on Tribal Land, of such proposed rules or regulations by a method deemed proper by the Commission.

(1) Such notice shall include:

(A) The nature of the proposed rule or regulation;

(B) The meeting date of the Commission where it will be reviewed and public comment solicited;

(D) The proposed effective date of proposed rule or regulation implementation; and

(E) The location where the proposed rule or regulation will be available for public inspection.

(2) The Commission shall take no action on any proposed rules or regulations for at least forty-five (45) days from the date of the publication of the Commission's notice. The Commission may enact emergency rules and regulations on shorter notice or no notice when necessary to protect the rights, health, safety, or welfare of the Tribe or public.

(c) The Commission may promulgate other official pronouncements governing matters not requiring a formal rule or regulation from time to time.

Subchapter 3 Compliance and Enforcement

7.04.120 Compliance and Enforcement

(a) All persons engaging in any way in activities related to the provisioning of Communications Service within the jurisdiction of the Saint Regis Mohawk Tribe shall comply with the provisions of this chapter and all decisions or orders, rules and regulations, or other official pronouncements issued pursuant to this chapter.

(b) Members of the public shall have standing to make complaints or inquiries to the Commission about any activities related to Communications Services within the jurisdiction of the Saint Regis Mohawk Tribe in accordance with Subchapter 4 of this chapter.

(c) Enforcement of this chapter shall be by the Commission or through the Saint Regis Mohawk Tribal Court. The exhaustion of administrative remedies doctrine will apply to any third party seeking enforcement of this chapter. The Commission is authorized to seek judicial enforcement through any court of competent jurisdiction, including the Saint Regis Mohawk Tribal Court, of this chapter without first acting administratively, if circumstances so require.

(d) Any nonmember of the Saint Regis Mohawk Tribe who violates any of the provisions of this chapter may be excluded from Tribal Land.

(e) The Saint Regis Mohawk Tribe reserves the right to pursue any and all remedies to recover any losses incurred as a result of a violation of this chapter.

Subchapter 4 Complaints; Notice of Hearings; Hearings; Decisions; Appeal

7.04.130 Complaint

A written complaint may be filed with the Commission by any person, or by the Commission itself, in accordance with the Commission's rules and regulations against any person or entity engaged in a Communications Service over which the Commission has jurisdiction. A complaint will detail the alleged act or omission of the person or entity asserted to be in violation of this chapter or decision, order, rule or regulation, or other official pronouncements of the Commission and will further contain the remedy or relief sought. A complaint may also be filed by any person regarding the justness or reasonableness of any rates, terms, or conditions.

7.04.140 Notice of Hearing

Upon the filing of a complaint, if the Commission determines that probable cause exists, the Commission shall serve notice within twenty (20) days upon the Person complained of an order to show cause why the person should not be ordered to cease, temporarily suspend, or modify operations complained of. The notice shall specify the charge, time, date, and place of hearing.

7.04.150 Procedures for Hearing

The Commission shall conduct a full and fair hearing on all matters properly brought before it. All such hearings will be held in accordance with the requirements of the rules and regulations adopted by the Commission and will be open to the public.

7.04.160 Decision and Order

After the conclusion of the hearing, the Commission shall make and enter its findings of facts, based upon the evidence presented at the hearing and supported by substantial evidence on the record as a whole. The Commission will further issue an order of its determination and decision based upon such findings and make known the effective date of such decision and order. Every order shall be in writing and signed by at least a majority of the Commission membership and should bear the seal of the Commission affixed thereto. A certified copy of such order shall be served upon each party to the proceeding or their legal counsel by certified mail.

7.04.170 Reconsideration; Appeals

After an order or decision has been issued by the Commission, any party to the proceeding may apply for reconsideration of any matters determined in said proceeding, in accordance with the Commission's rules and regulations. Any party adversely affected by the final decision or order of the Commission is entitled to seek judicial review by filing a notice of appeal with the Saint Regis Mohawk Tribal Court within 30 days following entry of the order and decision entered following reconsideration.

7.04.180 Judicial Review

No judicial review shall be allowed unless an application for reconsideration has been filed with and ruled upon by the Commission. Review of Commission actions in the Saint Regis Mohawk Tribal Court will be on the record made in the Commission hearing and not de novo and will be limited to the determination of whether the decision and order of the Commission is supported by substantial evidence, is arbitrary, capricious or an abuse of discretion, is beyond the Commission's authority, or otherwise contrary to applicable Saint Regis Mohawk Tribal or federal law. The Saint Regis Mohawk Tribal Court is empowered to affirm, reverse, or modify a decision and order of the Commission or to remand the matter to the Commission for further action, and it may stay the effect of the decision and order pending the appeal. The Commission will determine by its rules and regulations whether the right of appeal will exist with respect to its adoption of any proposed rule or regulation.

7.04.190 Jurisdiction of the Saint Regis Mohawk Tribal Court

The Saint Regis Mohawk Tribal Court is vested with jurisdiction (1) over any and all persons subject to this chapter and (2) to hear and determine any challenge to the validity of this chapter, either generally or as applied to any person, provided that the provisions of this chapter and the regulations which may be adopted pursuant thereto are complied with.

Subchapter 5 Cooperation with Other Jurisdictions

7.04.200 Intergovernmental Agreements and Jurisdictional Disputes

The Commission is authorized to be the designated representative of the Saint Regis Mohawk Tribe to negotiate and develop for approval by the Saint Regis Mohawk Tribe Council appropriate intergovernmental agreements or joint powers agreements as are necessary to resolve jurisdictional issues and disputes between the Commission and states, their subdivisions, and agencies. The Commission is further authorized to represent or intervene on behalf of the Saint Regis Mohawk Tribe in proceedings before the states and their subdivisions and agencies when necessary to protect the jurisdiction of the Saint Regis Mohawk Tribe.

7.04.210 Federal Communications Commission Coordination

The Commission is authorized to act as the Saint Regis Mohawk Tribe's intermediary agency between the Saint Regis Mohawk Tribe and the FCC. The Commission is further authorized to represent the Saint Regis Mohawk Tribe in proceedings before the FCC, including, without limitation, intervening on behalf of the Tribe on matters pending before the FCC in order to protect the jurisdiction of the Saint Regis Mohawk Tribe.

Subchapter 6 Certificate of Public Convenience and Necessity

7.04.220 Cpcn Required

(a) Any entity seeking to offer Communications Services on Tribal Land must obtain a CPCN from the Commission before constructing facilities or offering Communications Services to the public.

(b) No CPCN shall be required for the Saint Regis Mohawk Tribe to offer a Communications Service on Tribal Land. However, the Saint Regis Mohawk Tribe will be limited to wholesale broadband Communications Service and may not provide retail Communication Services on Tribal Land.

7.04.230 Facilities-Based Providers and Resellers Required to Obtain Cpcn

(a) A CPCN is required for both a Facilities-Based Provider and Reseller of Communications Services.

(b) An entity certified as a Facilities-Based Provider is authorized to provide Communications Services via their own facilities, via a mix of their own facilities and resale, or through resale only.

7.04.240 Application for Cpcn

(a) An Application for CPCN must be made to the Commission containing the following information:

(1) The applicant's legal name and any name under which it is authorized to do business.

(2) The applicant's address and telephone number, along with contact information for the person responsible for ongoing communications with the Commission.

(3) The legal name, address, and telephone number of the applicant's parent company and all affiliates, if any.

(4) Name of the consumer complaint contact to whom all correspondence and questions regarding complaints should be directed.

(5) Number for all contact inquiries from customers.

(6) A description of each type of Communications Service that the applicant proposes to provide, including:

(A) Whether the services will be offered to residential customers, businesses, or both;

(B) Whether the applicant intends to act as a Facilities-Based Provider, Reseller, or both;

(D) How the service would enhance the public interest of the Saint Regis Mohawk Tribal members.

(7) A list of states in which the applicant offers Communications Services.

(8) Any other information the Commission considers necessary.

(9) The application may include a release that authorizes the Commission to conduct any other business related checks relevant to the application. The application must be signed and dated and submitted to the Commission in person or by mail with a postage prepaid, self- addressed envelope. The Secretary of the Commission will time and date stamp the application and, provided the appropriate fee is paid, will return a copy to the applicant or applicant's representative.

(b) The Commission may charge a fee for filing a CPCN application under this section. Any fee charged under this section will not exceed the Commission's actual costs to process and review the application for CPCN.

(1) A copy of the applicant's certification of incorporation from the New York Department of State or, if not incorporated in New York State, a copy of the authority to transact business in New York State. If not incorporated, the applicant must include a list of names, addresses, and telephone numbers of the applicant's owners.

(2) A copy of the applicant's tariff on file with the New York Public Service Commission. If the New York Public Service Commission does not require a tariff from the applicant, then in lieu of filing a tariff the applicant must submit a Customer Service Guide or other listing of terms and conditions consistent with the provisions of this chapter.

(3) Information demonstrating the provider's financial, managerial, and technical ability to provide the Communications Services it seeks to provide.

(4) A statement, signed under penalty of perjury, by an officer or other person authorized to bind the company that affirms that:

(A) The applicant has filed or will timely file all forms required by the FCC before offering Communications Services on Tribal Land; and

(B) The applicant agrees to abide by all laws of this chapter; any rules and regulations adopted by the Commission; and the laws and regulations of the Saint Regis Mohawk Tribe.

7.04.250 Approval of Cpcn

An application for CPCN meeting all requirements of this section will be automatically granted ninety (90) days after filed for approval, unless the Commission, or its designee, determines and informs the applicant in writing within such ninety (90) day period that the public interest requires the Commission's review and its written order.

Subchapter 7 Franchise Agreement

7.04.260 Franchise Required

(a) No Person shall be permitted to construct, operate, or maintain a Communications Service on Tribal Land without having first obtained a valid Franchise from the Commission as evidenced by the execution of a Franchise Agreement unless such entity is exempted under Federal law or the law of the Saint Regis Mohawk Tribe,

(b) No Franchise shall be required for the Saint Regis Mohawk Tribe to construct, operate, or maintain Communication Services on Tribal Land.

7.04.270 Non-Exclusivity of Franchise

The Commission may issue one or more nonexclusive Franchises within its jurisdiction. The Commission shall not unreasonably refuse to award additional competitive Franchises. No Franchise shall be exclusive, except the wholesale broadband franchise currently exercised by Saint Regis Mohawk Tribe, which may be transferred to a wholly owned Tribal LLC.

7.04.280 Franchise Application

(a) An entity wishing to obtain a Franchise must first submit an application for a Franchise that must include the following:

(1) A detailed description of the Communications Service System to include:

(A) The types of wires and fibers to be laid on Tribal Land and to be connected to buildings;

(B) Technological specifications of how video programming is delivered to the home;

(D) Proposed Pole Attachment locations;

(E) Any facilities the applicant proposes to build for the purposes of providing Communication Service; and

(F) Any requirements that the Franchise collocate with any existing utilities.

(2) Certification that the applicant possesses the technical expertise to construct a Communication Service System and a detailed description of the applicant's technical qualifications.

(3) Credit background check of applicant.

(4) Certified financial statements for the longer of the past five (5) years or each year in which the Applicant has been in operation. If the applicant has been in operation for less than two (2) years, the Commission may require the applicant to provide a surety bond or contract of surety ship.

(5) Certification that the applicant is in good standing in all jurisdictions in which it currently provides service and has had no regulatory actions initiated against it in the last ten (10) years. If applicant is currently or has been within the last ten (10) years the subject of any regulatory, civil, or criminal investigation, it must provide a detailed description of the proceeding, including by whom it was initiated and how it was resolved.

(b) The Commission may charge a fee for filing an application for Franchise. Any fee charged under this section will not exceed the Commission's actual costs to process and review the application for CPCN.

7.04.290 Required Permitting

(a) Within ninety (90) days after the effective date of the Franchise Agreement, the franchisee shall proceed with due diligence and its best efforts to obtain, at its own costs, all necessary permits, licenses, and authorizations which are required for the conduct of its business on Tribal lands, including, but not limited to, any business licenses, utility joint use or attachment agreements, microwave carrier licenses, and any other permits, licenses, and authorizations needed to lawfully operate a Communication System on Tribal Land.

(b) A franchisee shall have in its possession such permits, easements, agreements and licenses prior to the commencement of its Communication System. The franchisee shall utilize existing poles when possible.

7.04.300 Franchise Agreement

(a) Upon approval by the Commission of an application for a Franchise, the Commission will enter into a Franchise Agreement with the Communication System Provider that will permit, in accordance with the Franchise Agreement, the provider of the Communication System to construct, erect, install, maintain, operate, repair, replace, remove, or restore a Communication Service within the geographical limits set forth in the Franchise Agreement. The Franchise Agreement shall be sufficiently detailed so to clearly delineate the rights, duties, and obligations of the parties concerned.

(b) At a minimum, the Franchise Agreement shall contain:

(1) A detailed definition of "gross revenue" in order to determine what revenues are subject to any franchise, other agreement, license or permit fee, or alternative user charge;

(2) The term or duration of the Franchise, which for the initial term shall not be less than five (5) years and shall not exceed ten (10) years from the date that the Franchise Agreement is executed by the Commission;

(3) Indemnity and hold harmless clauses;

(4) Requirement that the franchisee obtain adequate insurance;

(5) Performance and completion bonds or security deposits;

(6) Detailed description of the service area;

(7) Construction, upgrade, or rebuild schedule;

(8) Compensation, including Franchise fees and payment terms;

(9) Continuity of service requirements;

(10) Process for the assignment of an existing Franchise;

(11) Repeal of prior inconsistent Franchise, as necessary;

(12) Severability and force majeure clauses;

(13) Reference to Section of this chapter and Federal law that governs the Franchise;

(14) Any exemptions or relief from this chapter as may be granted; and

(15) The effective date.

(c) The Saint Regis Mohawk Tribe reserves the right to require, without limitation, additional matters, issues, and subjects to be contained in a Franchise Agreement, as may be reasonably deemed necessary or in the interest of the Saint Regis Mohawk Tribe and its residents, subject to applicable law.

7.04.310 Duties of Franchisee

The franchisee shall make service available to all residences, dwellings, businesses, or establishments located on Tribal Land unless there is commercial impracticability and the Commission has approved an exclusion of services. The franchisee shall bear the burden of proving commercial impracticability.

7.04.320 Franchise Fee

The franchisee shall pay to the Commission a Franchise fee each quarter under the terms stipulated in the Franchise Agreement.

(a) The Franchise fee shall be 2.5% of annual gross revenues derived from the operation of the Communication Services. Gross revenues shall include all revenue derived from the sale of Communications Service within the jurisdiction of the Saint Regis Mohawk Tribe subject to the exclusions listed below. Gross revenues shall not include revenue derived from capital costs of providing public, educational, or governmental programming required by Federal law, revenue derived from cable modem services, or revenue derived from telephone wireline or wireless services. The Commission may waive this fee or any portion of this fee if such waiver is not inconsistent with the purposes of this chapter.

(b) With each payment, the franchisee shall file a complete and accurate verified statement of all gross revenues within the Franchise area during the period for which said quarterly payment is made. Payments shall be made to the Commission no later than forty-five (45) days following the end of each calendar quarter. Quarterly computation dates are the last day in the months of March, June, September, and December.

(c) The Commission shall have the right to inspect the franchisee's income records and the right to conduct an audit at the Commission's expense. In the event that the audit concludes that the franchisee's payments were underpaid by an amount greater than 5% of the proper payment, then the franchisee shall reimburse the Commission for the costs of said audit, in addition to making any additional payments required to bring the franchisee into compliance with this Subsection. At the sole discretion of the Commission, the latter may collect interest from the grantee on the underpayment or any other late payment at a rate equal to the United States prime rate as of the due date plus 3.5% from the date the quarterly payment was due.

(d) In the event that any Franchise fee is not paid on or before the dates specified herein, the franchisee shall pay as additional compensation an interest charge, computed from such due date, at the annual rate equal to the United States prime rate as of the date of delinquency plus 3.5% from the date the quarterly payment was due.

7.04.330 Franchise Renewal

The Commission may renew a franchise pursuant to the procedures established in this section and applicable Federal law and regulations.

(a) During the six-month period which begins with the thirty-sixth (36th) month before the expiration of the Franchise Agreement, the Commission may, on its own initiative, and shall, at the request of a franchisee, commence proceedings which afford the public in the Franchise area appropriate notice and participation for the purposes of identifying future community needs and interests and reviewing the performance of the franchisee under the Franchise Agreement during the then current Franchise term.

(b) Upon completion of such proceedings, the franchisee may submit a proposal for renewal. Any such proposal shall contain such material as the Commission may require, including proposals for an upgrade of the Communication Services.

(1) Upon submittal of a proposal for the renewal of a Franchise Agreement, the Commission shall provide prompt public notice of such proposal and, during the four-month period which begins on the completion of any proceedings, shall either renew the Franchise Agreement or issue a preliminary assessment that the Franchise Agreement should not be renewed and commence at the request of the franchisee or on its own initiative an administrative proceeding to consider whether the franchisee has substantially complied with the material provisions of this chapter, the existing Franchise Agreement, and applicable law;

(2) Whether the quality of the franchisee's entire Communication Service, including the mix, quality, and level of specific programming or other services provided over the system, has been reasonable in light of community needs;

(3) The franchisee has the financial, legal, and technical ability to provide the Communications Service, facilities, and equipment as set forth in the proposal; and

(4) The proposal is reasonable to meet the future Communication Service needs and interests of the community, taking into account the cost of meeting such needs and interests.

(c) At the completion of an administrative proceeding, the Commission shall issue a written decision granting or denying the proposal for renewal based upon the record of such proceeding and shall transmit a certified copy of such decision to the franchisee. Such decision shall state the reasons therefor.

(d) Any refusal to renew a Franchise or denial of a proposal for renewal shall be based only on one or more adverse findings made with respect to the factors set forth in Subsection (c) of this section. The Commission may not refuse to renew or premise a denial of renewal upon factors contained in Subsections (b) (1), (2), or (4) of this section unless the Commission has given a franchisee notice of and an opportunity to cure violations or problems or has waived, in writing, its right to object to such violations and problems.

(e) If a franchisee's proposal for renewal has been denied by a final decision of the Commission, the franchisee may seek review within 120 days of such final decision in the Saint Regis Mohawk Tribe Court.

(f) Notwithstanding the provisions of this section, a franchisee may submit a proposal for the renewal of a franchise at any time, and the Commission may, after affording the Saint Regis Mohawk Tribe adequate notice and opportunity for comment to, grant or deny such proposal at any time. The denial of a proposal for renewal pursuant to this Subsection shall not affect action on a renewal proposal that is submitted in accordance with Subsections (a) to (f) of this section.

7.04.340 Performance Reviews

(a) The Commission and a franchisee shall hold regular performance review sessions at 2 1/2 years, five (5) years, and 7 1/2 years from the award or renewal of a Franchise Agreement and also as may be required by Federal law. Special performance review sessions may be held at any time during the term of a Franchise at the request of the Commission or the franchisee.

(b) All regular performance review sessions shall be open to the public and announced at least once by the Commission in a public location. A franchisee shall advise its subscribers of all regular review sessions by email, letter, or text message within 7 days of the scheduled review.

(c) Topics which may be discussed at any regular or special performance evaluation session may include but need not be limited to Communications Service, video programming, free or discounted services, system performance, customer complaints, service rate structures, application of new technologies, privacy, line extension policies, the franchise fee, penalties, franchisee or Commission rules and regulations, amendments to this chapter, and judicial and administrative rulings.

7.04.350 Forfeiture or Revocation

The Commission reserves the right to revoke any Franchise Agreement entered hereunder and rescind all rights and privileges associated with the Franchise Agreement.

(a) The Commission may revoke the Franchise Agreement under the following circumstances, each of which shall represent a default and breach under this chapter and Franchise Agreement:

(1) If the franchisee shall default in the performance of any of the material obligations under this chapter or under such documents, contracts, and other terms and provisions entered into by and between the Commission and the franchisee.

(2) If the franchisee shall fail to provide or maintain in full force and effect the liability and indemnification coverage or the performance bond as required in the Franchise Agreement.

(3) If the franchisee shall violate any lawful orders or rulings of either the Commission or FCC.

(4) If the franchisee evades any of the provisions of this chapter or the Franchise Agreement or practices any fraud or deceit upon the Commission or Communication Service subscribers.

(5) If the franchisee fails to meet the construction schedule contained in the Franchise Agreement or beyond any extended date set by the Commission.

(6) If the franchisee fails to restore service after ninety-six (96) consecutive hours of interrupted service, except when approval of such interruption is obtained from the Commission.

(7) If the franchisee makes or causes to be made material misrepresentations of fact in the application for or negotiation of the franchise or any extension or renewal thereof.

(8) If the franchisee ceases to provide all services for any reason within the control of the franchisee over the cable communications system.

(b) The franchisee shall not be declared at fault or be subject to any sanction under any provision of this chapter in any case, in which performance of any such provision is prevented for reasons beyond the franchisee's control. A fault shall not be deemed to be beyond the franchisee's control if committed by a corporation or other business entity in which the franchisee holds a controlling interest, whether held directly or indirectly.

(c) Pending litigation or any appeal to any regulatory body or court having jurisdiction over the franchisee shall not excuse the franchisee from the performance of its obligations under this chapter or the Franchise Agreement. Failure of the franchisee to perform such obligations because of pending litigation or petition may result in forfeiture or revocation pursuant to the provisions of this section.

(d) Procedure Prior to Revocation:

(1) The Commission shall make written demand that the franchisee do so comply with any such requirement, limitation, term condition, or rule and regulation or correct any action deemed cause for revocation. If the failure, refusal, or neglect of the franchisee continues for a period of thirty (30) days following such written demand, the Commission shall schedule a hearing of the full Commission and cause to be served upon such franchisee a written notice of this intent to request termination of the Franchise Agreement within seven (7) days of the hearing. The notice shall include the time and place of the hearing, notice of which shall be published in a public location at least once seven (7) days before such meeting.

(2) The Commission shall hear any persons interested therein and shall determine in its discretion whether or not any failure, refusal, or neglect by the franchisee was with just cause.

(3) If such failure, refusal, or neglect by the franchisee was with just cause, as defined by the Commission, the Commission shall direct the franchisee to comply within such time and manner and upon such terms and conditions as are reasonable.

(4) If the Commission shall determine that such failure, refusal, or neglect by the franchisee was without just cause, then the Commission shall declare that the franchisee's Franchise Agreement shall be terminated and the performance bond forfeited unless there is compliance by the franchisee within a specified period of time not to exceed ninety (90) days or such longer period as is reasonably necessary to comply as approved by the Commission, whose approval shall not be reasonably withheld.

(e) In the event that the Commission does not renew or revokes a Franchise Agreement, the Commission may, in its sole discretion, do any of the following:

(1) Allow Saint Regis Mohawk Tribe to purchase the Communication Service System at fair market value;

(2) Effect a transfer of ownership of the Communication Service System to another party at fair market value;

(3) Order the removal of the Communication Service System facilities required by public necessity from the Commission within a reasonable period of time as determined by the Commission or require the original franchisee to maintain and operate its system for a period of six (6) months or until such further time as is mutually agreed upon. The franchisee may convey its ownership or interest in the facilities constituting the cable system to a successor franchisee approved by the Commission. Any such facilities that are not so conveyed shall be considered to be abandoned to the ownership and use of the Commission, subject to the right of the franchisee to remove any such facilities or any portion of such facilities that may be salvageable;

(4) In removing its plant, structures, and equipment, the franchisee shall refill, at its own expense, any excavation that shall be made by it and shall leave all public ways and places in as good a condition or better as that prevailing prior to the franchisee's removal of its equipment and appliances without affecting the electrical or telephone cable wires or attachments. The Commission shall inspect and approve the condition of the public ways and public places and cables, wires, attachments, and poles after removal. The liability, indemnity, insurance, and performance bond as provided herein shall continue in full force and effect during the period of removal and until full compliance by the franchisee with the terms and conditions of this Subsection, this chapter, and the Franchise Agreement.

(5) In the event of a failure by the franchisee to complete any work required by Commission or law within the time as may be established and to the satisfaction of the Commission, the Commission may cause such work to be done, and the franchisee shall reimburse the Commission the cost thereof within thirty (30) days after receipt of an itemized list of such costs, or the Commission may recover such costs through the performance bond provided by the franchisee. The Commission shall be permitted to seek legal and equitable relief to enforce the provisions of this Subsection.

(f) Upon either the expiration or revocation of a Franchise Agreement, the Commission may require the franchisee to continue to operate the system for a period of six (6) months from the date of such expiration or revocation or until such time as is mutually agreed upon. The franchisee shall, as trustee for its successor in interest, continue to operate the Communication Service System under the terms and conditions of this chapter and the Franchise Agreement and to provide the regular subscriber service and any and all of the services that may be provided at the time. The Commission shall be permitted to seek legal and equitable relief to enforce the provisions of this Subsection.

(g) The franchisee may seek recourse as available by law or regulation.

7.04.360 Transfer or Ownership of Control

A franchisee shall not transfer control of its Franchise Agreement or related equipment without prior express approval of the Commission, which shall not be unreasonably withheld. Any transfer of ownership or control of franchisee shall be subject to Chapters 8 and 9 of this chapter.

(a) The grantee shall promptly notify the Commission of any actual or proposed transfer.

(b) Every transfer shall make the Franchise Agreement subject to cancellation unless the Commission shall have consented thereto. For the purpose of determining whether it shall consent to such transfer, the Commission may inquire into the legal, technical, and financial qualifications of the proposed controlling party, consistent with FCC rules, and the grantee shall assist the town in any such inquiry.

(c) Any financial institution having a pledge of the Franchise Agreement or its assets for the advancement of money for the construction and/or operation of the Franchise Agreement shall have the right to notify the Commission that it or its designees satisfactory to the Commission will take control and operate the cable television system. Further, said financial institution shall also submit a plan for such operation that will ensure continued service and compliance with all Franchise obligations during the term the financial institution exercises control over the system. The financial institution shall not exercise control over the system for a period exceeding one year, unless extended by the Commission at its discretion, and during said period of time, it shall have the right to petition for transfer of the Franchise Agreement to another grantee. If the Commission finds that such transfer, after considering the legal, financial, character, technical, and other public interest qualifications of the applicant, is satisfactory, the Commission will transfer and assign the rights and obligations of such Franchise Agreement as in the public interest.

(d) The Commission's consent or approval to any transfer of the grantee shall not constitute a waiver or release of the Commission's rights, and any transfer shall, by its terms, be expressly subject to the terms and conditions of this chapter and the Franchise Agreement.

(e) The Commission shall have one hundred twenty (120) days to act upon any request for approval of such sale or transfer that complies with Federal law and regulation. If the Commission fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the Commission agree to an extension of time. In the event that the Commission refuses to grant the aforementioned request, it shall set forth specific reasons for its decision in writing.

7.04.370 Rights Reserved to the Commission

(a) Right of inspection of records. The Commission shall have the right to inspect all books, records, reports, maps, plans, financial statements, and other like materials of the franchisee, at any time, upon reasonable notice during normal business hours necessary to the enforcement of this chapter and the franchise.

(1) The franchisee shall provide such information in such form as may be required by the Commission for said records.

(2) To the extent allowed by law, the Commission agrees to treat as proprietary any information identified as such by the franchisee and shall not intentionally divulge any such information publicly or to actual or potential competitors of the franchisee, except as may be required in a legal proceeding or ordered by a court of competent jurisdiction.

(3) If any such maps or records are not kept within a 20-mile radius of the Saint Regis Mohawk Tribal lands, or upon notice the franchisee is unable to provide the records within a 20-mile radius of the Saint Regis Mohawk Tribal lands, and if the Commission shall determine that an examination of such maps or records is necessary or appropriate to the performance of the Commission's responsibilities under this franchise, then all travel and maintenance expenses necessarily incurred in making such examination shall be paid by the franchisee.

(b) Right of inspection of construction. The Commission shall have the right to inspect all construction or installation work performed subject to the provisions of the Franchise Agreement and to make such tests as it shall find necessary to ensure compliance with the terms of this chapter and other pertinent provisions of the law.

(c) Right of inspection of property. At all reasonable times, the franchisee shall permit examination by any duly authorized representative of the Commission of system facilities, together with any appurtenant property of the franchisee situated within or without the Tribal lands.

(d) Right of intervention. The Commission shall have the right of intervention in any suit or proceeding to which the franchisee is a party.

(e) Right to require tests. The Commission shall have the right and authority to test the performance of all Communication Services. The Commission may require that any tests performed at the Commission's request be supervised or conducted by a Commission designee, not an employee or agent of the franchisee. The franchisee shall reimburse the Commission for the costs of such designee if the test performed shows that the quality of service is below the standards set forth in the franchise. The franchisee shall cooperate fully with the Commission in performing such testing.

Subchapter 8 Transfer, Ownership, and Authority to Issue Stock

7.04.380 Applicability

(a) The Commission shall adopt and abide by decisions of the New York Public Service Commission or other state regulatory body regarding the transfer and ownership of stock of any holder of a Commission-issued CPCN.

(b) This section shall only apply when a the holder of a CPCN issued by the Commission operates exclusively within jurisdiction of the Saint Regis Mohawk Tribe or is not otherwise subject to the transfer and ownership of stock restrictions of the New York Public Service Commission.

7.04.390 Transfer or Ownership or Stock

(a) No holder of a Commission-issued CPCN, domestic or foreign, shall hereafter purchase, acquire, take, or hold any part of the capital stock of any Communications Service Provider operating solely within the jurisdiction of the Saint Regis Mohawk Tribe unless authorized so to do by the Commission.

(b) No stock corporation company, domestic or foreign, including, but not limited to, a limited liability company; association, including a joint stock association; partnership, including a limited liability partnership, or person; or other than a Communications Service Provider, shall, without the consent of the Commission, purchase or acquire, take or hold more than ten percent (10%) of the voting capital stock issued by any Communications Service Provider operating within the jurisdiction of the Saint Regis Mohawk Tribe.

(1) When stock is transferred or held solely for the purpose of serving as collateral security.

(2) To any corporation lawfully holding a majority of the voting capital stock of any Communications Service Provider at the time it becomes authorized to provision service by this chapter. Such corporation may, without the consent of the Commission, acquire and hold the remainder of the voting capital stock of such Communications Service Provider, or any portion thereof.

(d) The Commission may approve the acquisition of any stock in accordance with this section only if the acquisition is shown to be in the public interest.

(e) Nothing herein contained shall be construed to prevent the holding of any stock heretofore lawfully acquired, nor to prevent, upon the surrender or exchange of such stock pursuant to a reorganization plan, the purchase, acquisition, taking, or holding of a proportionate amount of stock of any new corporation organized to take over, at foreclosure or other sale the property of any corporation whose stock has been thus surrendered or exchanged so long as the proportion of the voting capital stock of the new corporation held by a stock corporation, company, association, partnership, or person and acquired by it by any such surrender or exchange of stock shall not without the consent of the Commission exceed the proportion of the voting capital stock held by it in the former corporation.

(f) Every contract, assignment, transfer, or agreement for transfer of any stock by or through any person or corporation to any corporation, company, association, partnership, or person in violation of any provision of this chapter shall be void and of no effect unless and until it is deemed effective by the Commission.

7.04.400 Authority to Issue Stock, Bonds, and Other Forms of Indebtedness

(a) A holder of a Commission-issued CPCN may, when authorized by the Commission, issue stock, bonds, notes or other evidences of indebtedness payable at periods of more than twelve (12) months after the date thereof, or a receiver of such a corporation, if duly authorized by law, may issue receiver's certificates:

(1) When necessary for the acquisition of property, the construction, completion, extension, or improvement of its facilities or the improvement or maintenance of its service within the SRMT jurisdiction, or

(2) For the discharge or lawful refunding of its obligations, or reimbursement of moneys actually expended from the income from any source, within five (5) years next prior to the filing of the application therefor, or for any of such purposes.

(3) Provided, however, that no authority shall be granted authorizing such issue for reimbursement of moneys expended from income for betterments or replacements unless the applicant shall have kept its accounts and vouchers of such expenditures in such manner as to enable the Commission to ascertain the amount of moneys so expended and the purposes for which such expenditures were made.

(b) A holder of a Commission-issued CPCN may issue stock to stockholders as a stock dividend provided that:

(1) The Commission approves the issuance and for a transfer of surplus to capital in an amount equal to the par or stated value of the stock so authorized; and

(2) The applicant has certified in the application for authority that a sum equal to the amount to be so transferred was expended for the purposes enumerated in this section.

(c) A holder of a Commission-issued CPCN may issue stock to an employee or director of a Communications Service Provider through a stock option plan pursuant to which such corporation grants options to its employees or directors to purchase shares of stock provided that:

(1) Such options are to be exercisable for a stated period of time to purchase shares of stock at the market value of the stock at the time of issuance of the option;

(2) The Commission approves the issuance and for a transfer of surplus to capital in an amount equal to the par or stated value of the stock so authorized; and

(3) The applicant has certified in the application for authority that the proceeds from the exercise of the stock options are needed for one of the purposes enumerated in this section.

(d) The issue of stocks, bonds, or other evidences of indebtedness, within the meaning of this section, shall include the sale by any such corporation of any such securities previously issued in compliance with the provisions of this section and subsequently reacquired by such corporation, provided that:

(1) For good cause shown, the Commission may exempt from the restriction hereof stocks, bonds, or other evidences of indebtedness;

(2) The application for authority includes the amount of any such issue and the purposes to which it or its proceeds are to be applied certifies that the money, property, or labor procured or to be procured or paid for by such issue or its proceeds has been or is reasonably required for the purposes specified in the application for authority; and

(3) The specified purposes are in no part reasonably chargeable to operating expenses or to income except in the case of bonds, notes, or other evidences of indebtedness as may be specifically identified in the application for authority.

(4) For the purpose of enabling the Commission to determine whether it should authorize such issuance, the Commission shall have the power to make such inquiry or investigation, hold such hearings and examine such witnesses, books, papers, documents, or contracts as it may determine of importance in enabling it to reach a determination.

(e) No such corporation shall, without the consent of the Commission, apply any Commission approved issuance or proceeds therefrom to any purpose not specified in the application for authority.

(f) Communications Providers may issue notes for proper corporate purposes and not in violation of any provision of this chapter or of any other act, payable at periods of not more than twelve (12) months without the consent of the Commission provided that no such note shall, in whole or in part, directly or indirectly, be refunded by any issue of stock or bonds, or by any evidences of indebtedness running for more than twelve (12) months, without the consent of the Commission.

(g) The Commission may only require a Communications Service Provider to apply for authority to issue stocks, bonds, notes, or other evidence of indebtedness for the acquisition of property, the construction, completion, extension, or improvement of its facilities, or the improvement or maintenance of its service within the jurisdiction of the Saint Regis Mohawk Tribe, or the discharge or refunding of obligations, or reimbursement of moneys actually expended for such purposes.

(h) The Commission shall have power to require every corporation to file with the Commission after the issuance of stocks, bonds, notes, or other evidences of indebtedness issued with or without the approval of the Commission as provided in this section, a notice of such transaction in such form as the Commission may prescribe.

(i) The Commission shall have no power to authorize the capitalization of any Franchise Agreement or right to be a corporation, nor to authorize the capitalization of any Franchise Agreement or the right to own, operate, or enjoy any franchise whatsoever in excess of the amount (exclusive of any tax or annual charge) actually paid to the Saint Regis Mohawk Tribe, as the consideration of the grant of such franchise or right, nor to authorize the issuance of any stocks or other securities for any purposes other than those enumerated in this section.

7.04.410 Merger and Consolidation

The corporate stock of a corporation formed by the merger or consolidation of two or more other corporations may not exceed the sum of the capital stock of the corporations so consolidated, at the par value thereof, or such sum and any additional sum actually paid in cash.

7.04.420 Prohibited Transfers, Sales, or Issuances of Stock

(a) No contract for consolidation or lease may be capitalized in the stock of any corporation whatever.

(b) No corporation may hereafter issue any bonds against or as a lien upon any contract for consolidation or merger.

7.04.430 Application for Authority

Any application for authority under this section shall be deemed granted by the Commission forty-five (45) days after such application is made to the Commission for its consent, unless the Commission, or its designee, determines and informs the applicant in writing within such forty-five (45) day period that the public interest requires the Commission's review and its written order.

Subchapter 9 Reorganization

7.04.440 Applicability

(a) The Commission shall adopt and abide by decisions of the New York Public Service Commission or other state regulatory body regarding the reorganization of any holder of a Commission-issued CPCN.

(b) Reorganization of an entity holding a Commission-issued CPCN that operates exclusively within jurisdiction of the Saint Regis Mohawk Tribe or is otherwise not subject to reorganization restrictions of the New York Public Service Commission shall be subject to the supervision and control of the Commission and no such reorganization shall be had without the authorization of such Commission.

7.04.450 Reorganization Restrictions

(a) Upon all such reorganizations, the amount of capitalization, including therein all stocks and bonds and other evidence of indebtedness, shall be such as is authorized by the Commission, which, in making its determination, shall not exceed the fair value of the property involved, taking into consideration the original cost of construction, duplication cost, present condition, earning power at reasonable rates, and all other relevant matters and any additional sum or sums as shall be actually paid in cash, provided, however, that the Commission may make due allowance for discount of bonds.

(b) Any reorganization agreement before it becomes effective shall be amended so that the amount of capitalization shall conform to the amount authorized by the Commission.

7.04.460 Application for Authority

Subchapter 10 Publication of Rates and Terms

7.04.470 Tariffs

(a) Tariffs approved by the New York State Public Service Commission or other state regulatory body shall be deemed approved by the Commission.

(b) If a Communications Service Provider does not have a tariff on file with the New York Public Service Commission, then the provider must maintain a Customer Service Guide consistent with this subchapter of this chapter.

7.04.480 Customer Service Guide

(a) All Communications Service Providers, whether providing retail or wholesale services, must have an initial Customer Service Guide approved by the Commission prior to the initiation of service.

(b) After an initial Customer Service Guide has been approved by the Commission as part of the CPCN application process, a Communications Service Provider is required to file a Customer Service Guide with the Commission annually on or before January 31. This filing shall include a list of all services offered, a description of such services, the rate of sale for each service, and whatever additional information the Commission may require. A Communications Service Provider is required, upon request, to provide a copy of the Customer Service Guide or other listing of terms and conditions to any Person.

(c) The Customer Service Guide should contain information on the following topics to the extent that they apply to the company's operations:25

(1) Service offerings, including a description and rate of each non-basic service.

(2) How to make billing and service inquiries, including:

(A) Service numbers; and

(B) Where to address unresolved complaints, such as at the Commission or Saint Regis Mohawk Tribal Council.

(3) Customer rights and responsibilities, including:

(A) Customers will only be billed and the provider shall only seek billing and payment for service rendered;

(B) In which situations a provider will require deposits;

(D) All billing due dates;

(E) A description of all late payment charges;

(F) Whether the provider accepts partial payments and the process for making such payments;

(G) Whether the provider will charge a fee for dishonored checks. This fee may not exceed $20.00.

(4) Provider's limitations on liability.

(5) A list and description of all surcharges.

(6) Whether provider offers alternative payment arrangements, including:

(A) Special payment arrangements;

(B) Deferred payment plans; or

(7) Process through which provider initiates service suspension or termination for non-payment of charges and the process to restore service and applicable charges.

(8) Under which circumstances provider will terminate service for cause other than non-payment.

(9) Allowances (credits) offered by provider for interruptions in service.

(10) Protection tips against telephone abuse and fraud.

(11) Consumer protection tips, including:

(A) How to address "Slamming" and "Cramming"; and

(B) Tips in the event of a power outage.

(12) Provider's repair policies.

(13) Critical facilities administration.

(14) Services offered for customers with disabilities, including:

(A) Discounted service for hearing or speech impaired customers;

(B) How to qualify; and

(15) How customers may manage their telephone privacy, including:

(A) Privacy principles; and

(B) Blocking Caller ID.

(16) Non-local directory listing.

7.04.490 Rates

(a) All charges, practices, classifications, and regulations for and in connection with such Communication Services shall be just and reasonable, and any such charge, practice, classification, or regulation that is unjust or unreasonable is declared to be unlawful.

(b) Rates established by a Person engaged in providing Communications Services shall first be approved by the Commission for reasonableness and justness before such rates are implemented, in accordance with the Commission's rules and regulations. Every Person engaged in providing Communications Services shall print, and make available for public inspection, its approved tariffs which include schedules showing the rates and terms of condition of service for the services rendered to the public.

(c) No change shall be made in the charges, classifications, regulations, or practices which have been so filed and published except after one hundred eighty (180) days' notice to the Commission. In its discretion, the Commission may decrease the notice period. The 180-day period specified in this section will not begin to run for any pending request for a change until the effective date of this chapter. The Commission may reject and refuse to file any schedule entered for filing which does not provide and give lawful notice of its effective date. Any schedule so rejected by the Commission shall be void and its use shall be unlawful.

(d) Nothing within this section shall prohibit any person providing Communications Service from offering discounts or promotions or establishing rates at a level below that established by the Commission on a non-discriminatory basis, provided at least fifteen (15) days prior to offering such discounts or promotions such discount or promotion will be filed with the Commission in accordance with its rules and regulations.

7.04.500 Charges and Services

It shall be unlawful for any Communications Service Provider to make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services for or in connection with like communication service, directly or indirectly, by any means or device, or to make or give any undue or unreasonable preference or advantage to any particular person, class of persons, or locality, or to subject any particular person, class of persons, or locality to any undue or unreasonable prejudice or disadvantage. Such charges or services include charges for, or services in connection with, the use of common carrier lines of communication, whether derived from wire or radio facilities, in chain broadcasting, or incidental to radio communication of any kind.

Subchapter 11 Requirements for Accounting, Annual Statement, and Audits [Reserved]

7.04.510 Certified Annual Financial Statement

(a) Every Communications Services Provider shall file a current annual financial statement to the Commission, certified by a Certified Public Accountant and in accordance with the rules and regulations of the Commission, every year on or before the first day of May or as may otherwise be approved by the Commission.

(b) Any Communications Services Provider under the jurisdiction of the New York State Public Service Commission shall provide the annual report filed with the Public Service Commission at the same time said report is filed with the Public Service Commission.

7.04.520 Audits

If any Communications Services Provider fails to comply with any provision of this Chapter or upon the discretion of the Commission if there is good cause, the Commission or its designated representative is authorized to conduct or cause to be conducted an audit of the financial records and management of such Communications Services Provider. Expenses incurred for such an audit shall be borne by the Communications Services Provider.

Subchapter 12 Quality of Service

7.04.530 Quality of Service

The Commission may adopt, promulgate, and enforce rules and regulations to insure that the quality of Communications Services is adequate, efficient, just, and reasonable. All Communications Services Providers within the jurisdiction of the Saint Regis Mohawk Tribe shall take all reasonable actions to ensure that the quality of service provided is equivalent or superior to similar service available in areas outside of the jurisdiction of the Saint Regis Mohawk Tribe. The scope of this provision may include, but shall not be limited to, continuity of service, service availability, extent of service, service interruptions, billing and collection procedures, quality of equipment, termination of service, deposits, and resolution of complaints.

7.04.540 Non-Compliance; Violations

Complaints alleging non-compliance with or violations of rules and regulations, decisions, orders, or other official pronouncements adopted by the Commission concerning the quality of Communications Services shall be filed with the Commission in accordance with the rules and regulations of the Commission and shall be heard by the Commission within forty-five (45) days of filing or as soon thereafter as is practical.

Subchapter 13 Health and Safety

7.04.550 Compliance with Health and Safety Codes

The Commission may adopt, promulgate, and enforce rules and regulations requiring every Communications Services Provider to construct, maintain, and operate its line, system, facilities, equipment, apparatuses, and premises in such manner as to promote and safeguard the health, safety, and welfare of its employees, customers, and the public. To this end, the Commission may prescribe, among other things, the installation, use, maintenance, and operation of appropriate safety or other devices and require the performance of any other acts which the health, safety, or welfare of its employees, customers, or the public may demand.

7.04.560 Compliance with Tribal Laws

All Communications Services Providers shall abide by all laws of the Saint Regis Mohawk Tribe including but not limited to Tribal Occupation Safety and Health Act and the Tribal Building Code.

7.04.570 Non-Compliance; Violations

Complaints alleging non-compliance or violations of the rules and regulations, decisions, orders, or other official pronouncements adopted by the Commission concerning the health and safety as described herein may be filed with the Commission by any aggrieved party in accordance with the Commission's rules and regulations.

Subchapter 14 Prohibited Practices

7.04.580 Unlawful Use of Service

It shall be unlawful to obtain, with the intent to defraud, or with the intent to evade lawful charges, Communication Services without proper payment therefor or the authorization of the subscriber of such services.

7.04.590 Unlawful Discrimination

It shall be unlawful to grant any unreasonable preference or advantage to any Person, or subject any Person to any unreasonable prejudice or disadvantage in terms or rates or services based upon race, creed, national origin, sex, age, or religion.

7.04.600 Obscene or Harassing Telephone Calls

It shall be unlawful for any Person, with intent to annoy, abuse, threaten, or harass any Person at the called number to: make any comment, request, suggestion or proposal which is obscene, lewd, lascivious, filthy, or indecent; make a telephone call, whether or not conversation ensues, without disclosing upon request of the Person called the identity of the caller; make or cause the telephone of another repeatedly or continuously to ring; make repeated telephone calls, during which no conversation ensues; knowingly permit any telephone under his or her control to be used for any purpose prohibited by this chapter.

7.04.6110 Obtaining Communications Services Fraudulently; Penalty

No Person shall tamper with, or make connection with, the equipment providing Communications Services by mechanical, electrical, acoustical, or other means with intent to avoid payment of the lawful charges for such service. In addition to other sanctions provided in this chapter, any Person violating the provisions of this section shall be liable to the Communications Service Provider for reasonable damages plus reasonable attorneys' fees and costs.

7.04.620 Obscenity-Indecency; Penalties

It is unlawful for any person providing Communication Services within the jurisdiction of the Saint Regis Mohawk Tribe to broadcast or in any way produce, transmit, process, or distribute by video programming obscene or indecent material. This section will not become effective until the Commission has issued and promulgated rules and regulations defining "obscene" and "indecent."

7.04.630 Cramming and Slamming

All Persons shall abide by Federal law and FCC rules and regulations and any laws of the State of New York and rules and regulations of the New York Public Service Commission governing the practice of Slamming or Cramming. Such laws, rules, and regulations are incorporated herein and are enforceable by the Commission.

Subchapter 15 Violations of the Act

7.04.640 Penalties

Any Communications Services Provider who violates any provision of this chapter or decision, order, rule or regulation, or other official pronouncement of the Commission issued pursuant to that Act may be subject to a civil fine imposed by the Commission, provided the Commission will have the discretion to suspend, or impose probationary conditions for avoiding, the fine.

7.04.650 Revocation of Franchise or Cpcn

Non-compliance with provisions of this chapter or any duly adopted rule, regulation, decision, order, or other official pronouncement of the Commission, or for other good cause found to exist after a full and fair hearing of the Commission shall be cause for revocation or termination of the Franchise and/or CPCN. Notice of such claim or complaint against the franchisee or holder of the CPCN shall be given at least twenty (20) days before hearing with an opportunity for the franchisee to show cause why the franchise or CPCN should not be revoked or terminated.

7.04.660 Agency

In determining the existence of any offense under this chapter or the grounds for imposing any civil penalty under the act or omission of any officer, agent, or employee of a Communications Services Provider, within the scope of his or her authority, duties, or employment, shall be deemed to be the act or omission of the person engaged in Communications Services.

Subchapter 16 Injunctions; Show Cause Orders; Contempt

7.04.670 Injunctions; Show Cause Orders; Contempt

The Commission may apply to any court of competent jurisdiction for injunctions to prevent continuing violations of any provision of this chapter or of any rule, regulation, decision, order, or other official pronouncement of the Commission issued pursuant to that Act, and for show cause orders to enforce any duly issued subpoena of the Commission, and such courts shall have power to grant such injunctions and show cause orders, and to enforce such injunctions and show cause orders by contempt procedure.

Subchapter 17 Video Service Systems

7.04.680 Purpose

Pursuant to the regulatory guidance of the FCC, the Commission may issue, promulgate, and enforce rules and regulations governing multi-point distribution systems, multi-channel and multi-point distribution systems, satellite main antenna systems, direct broadcast systems, two-way television systems, and any other television programming delivery systems involving the use of microwave, fiber optic, and other video technology, video storage devices, and electromagnetic spectrum frequencies, as those technologies evolve into commercial or private use within the jurisdiction of the Saint Regis Mohawk Tribe.

7.04.690 Commercial Delivery Systems

Any Person providing television programming delivery services for the purpose of generating revenues from subscribers must adhere to the rules and regulations, decisions, orders, or other official pronouncements of the Commission, including but not limited to securing a Franchise before providing service.

7.04.700 Non-Profit Delivery Systems

Any Person providing television programming delivery services in a non-profit capacity, or as a public service, must also adhere to the rules and regulations, decisions, orders, or other official pronouncements of the Commission.

7.04.710 Satellite Dish

Any person using a satellite dish for retransmission of Communications Services for hire, monetary consideration, or reimbursement shall be subject to the provisions of this chapter except for those systems expressly preempted by applicable federal law as non-regulated.

Subchapter 18 Attachments to Poles, Ducts, and Conduits

7.04.720 Authority

The Commission is authorized to issue and promulgate rules and regulations governing use of public utility facilities, including Pole Attachments.

7.04.730 Joint/Pole Use

In order to provide efficient and quality Communication Services, the Commission may authorize joint use of public utility poles, ducts, and conduits owned or controlled by a public utility company and located within the jurisdiction of the Saint Regis Mohawk Tribe. All joint use agreements, including the compensation provisions thereof for wire or cable attachments to a pole, duct, or conduit, must be approved by the Commission. Upon the approval of the joint use agreement for pole attachments, all Persons to such agreement shall have the right to use or share in and enjoy the use of the right-of-way easement granted to the pole owner.

7.04.740 Disputes

Disputes concerning terms and conditions, including rental rates, of the joint use agreement for attachments shall be resolved by the Commission at a full and fair hearing conducted for that purpose pursuant this chapter, and in accordance with the Commission's rules and regulations.

Subchapter 19 Taxes and Surcharges

7.04.750 Taxes and Surcharges

(a) The Commission may assess taxes on Communications Services as permitted by Federal law and the laws of the Saint Regis Mohawk Tribe.

(b) Such taxes may not be passed through to subscribers as a separate surcharge on the subscriber's bill unless expressly permitted by the Commission when such tax is implemented.

Subchapter 20 General Provisions

7.04.760 Protection of Consumer Privacy

It shall be the duty of Communications Service Providers not to disclose, sell, or offer to sell the number or address of a subscriber holding an unlisted number, except upon permission of said subscriber, or except upon lawful request by law enforcement and emergency authorities.

7.04.770 Emergency

The Commission, upon its determination that an emergency exists, is authorized to take any and all actions necessary to address the emergency notwithstanding any other provision in this chapter.

7.04.780 Regulation of Telemarketing And/Or Television Marketing

The Commission may issue, promulgate, and enforce rules and regulations governing telemarketing and/or television marketing within the jurisdiction of the Saint Regis Mohawk Tribe.

Subchapter 21 Miscellaneous

7.04.790 Severability

If any provision of this chapter or the application of such provision shall be held invalid, the remainder of this chapter and the application of such provisions other than those held invalid shall not be affected thereby.

7.04.800 Prior Inconsistent Law Superseded

Upon the effective date of this chapter, all prior inconsistent enactments, laws, rules, policies, ordinances, and regulations of the Saint Regis Mohawk Tribe and all branches, divisions, departments, offices, and political subdivisions thereof, are superseded hereby and/or amended to comply herewith.

7.04.810 Amendment

This Ordinance may be amended upon the approval and adoption of such amendments by the majority of Tribal Council.

7.04.820 Effective Date

The effective date of all provisions of this Saint Regis Mohawk Telecommunications Regulatory Act shall be , 2015.

Chapter 7.06 Mortgage Foreclosure and Eviction Ordinance

Subchapter 1 Short Title, Findings, and Purpose

7.06.010 Short Title

This chapter shall be known as the St. Regis Mohawk Tribe Mortgage Foreclosure and Eviction Ordinance. Its short title shall be the "Foreclosure Ordinance".

7.06.020 Findings

The St. Regis Mohawk Tribal Council (the "Council") hereby finds that:

(a) Due to the unique legal status of lands on the St. Regis Mohawk Indian Reservation ("Reservation") it is difficult for members of the St. Regis Mohawk Tribe ("Tribe") to purchase homes utilizing traditional financing methods.

(b) In order to alleviate this situation, which exists on all Indian reservations and lands, Federal Agencies such as the U.S. Department of Housing and Urban Development ("HUD") and the U.S. Department of Agriculture ("USDA") have established Indian housing loan guarantee programs.

(c) In order for the St. Regis Mohawk Tribe and its members to participate in any mortgage loan programs, whether guaranteed or conventional, for either residential or commercial purposes it must first establish the required legal and administrative framework to protect the interests of borrowers, lenders, and federal agencies which guarantee or mortgage loans.

(d) One of the requirements for any mortgage loan program is to adopt adequate and clear foreclosure and eviction procedures to ensure a remedy for lenders in the event of a default.

7.06.030 Purpose

The purpose of this chapter is to provide recourse to lenders/mortgagees by providing for an orderly and fair method of foreclosing upon mortgages on assignments arising under the St. Regis Mohawk Tribe Land Assignment Ordinance and to provide for an orderly and fair means of evicting those persons found to have committed unlawful detainer.

Subchapter 2 Definitions

7.06.040 Definitions

As used in this code, the following words will have the meanings given them in this section unless the context plainly requires otherwise:

(a) "Adult person" is any person eighteen (18) years of age or older.

(b) "AHA" is the Akwesasne Housing Authority, established by the St. Regis Mohawk Tribe for the purpose of constructing and maintaining dwellings for public use within the territorial jurisdiction of the Tribe; and which has been designated the Tribally Designated Housing Entity (TDHE) by the Tribe.

(c) "Assignee" means an eligible tribal participant for whom a land assignment is conveyed in accordance with the provisions of the St. Regis Mohawk Tribe Land Assignment Ordinance.

(d) "Borrower/mortgagor" is the Tribe, the AHA, or any individual tribal member(s) or any heir(s), successor(s), executor(s), administrator(s), or assign(s) of the Tribe who has executed a mortgage as defined in this code.

(e) "Building" is a structure, and any appurtenances or additions thereto, designed for habitation, shelter, storage and the like.

(f) "Lender designated assignee". Any lender or mortgagee as defined in this code may assign or transfer its interest in a mortgage or land assignment to a designated assignee. If the mortgage or land assignment falls under a federal agency homebuyer program or federal agency loan guarantee program, the lender must give written notice to the Tribe of a proposed designated assignee any time prior to such transfer or assumption.

(g) "Lender" or "mortgagee" is (a.) any private lending institution established to primarily loan funds and not to invest in or purchase properties, (b.) the Tribe, (c.) the AHA, or (d.) a U.S. government agency which loans money, guarantees or insures loans to a borrower for construction, acquisition, or rehabilitation of a home. It shall also mean any lender designated assignee(s) or successor(s) of such lender/mortgagee.

(h) "Mortgage" is the mortgage of an assignment of property given to secure a loan, and may be created (a.) under the auspices of any federal agency or AHA homebuyer or lending program, or (b.) any other loan, mortgage, security, or credit agreement entered between a borrower/mortgagor and a lender/mortgagee including conventional or traditional mortgages. This mortgage differs from a standard mortgage to the extent that this mortgage pledges the assignment interest as collateral for the loan, rather than pledging an ownership interest in the real property.

(i) "Mortgage Foreclosure Proceeding" is a proceeding:

(1) To foreclose the interest of the borrower(s)/mortgagor(s), and each person or entity claiming through the borrower(s)/ mortgagor(s), in a land assignment and building for which a mortgage has been given under the home purchase or lending program of any federal agency or any other lender, or a commercial loan by any lender; and

(2) To assign, where appropriate the borrower's/mortgagor's interest to a designated assignee.

(j) "Person" includes the Tribe, the AHA, an individual or organization, and where the meaning of a portion of this Code requires, it means a public agency, corporation, partnership, or any other entity.

(k) "Reservation" means the St. Regis Mohawk Reservation which shall include all lands held in restricted status and in trust by the United States of America for the benefit of the St. Regis Mohawk Tribe.

(l) "Shall", for the purposes of this code, will be defined as, mandatory or must.

(m) "Subordinate lien holder" is the holder of any lien, including a subsequent mortgage, perfected subsequent to the recording of a mortgage under this code.

(n) "Tribal Court" is the St. Regis Mohawk Tribal Court as established by the laws of the Tribe or such body as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.

(o) "Tribal member" means an individual who is an enrolled member of the St. Regis Mohawk Tribe in good standing.

(p) "Tribal Clerk" is the duly elected tribal official designated to perform the recording functions required by this code or any deputy or designee of such person as assigned by Tribal Council.

(q) "Tribe" means the St. Regis Mohawk Tribe of New York, as recognized by the United States of America.

Subchapter 3 Priority and Recording

7.06.050 Priority

All mortgages recorded in accordance with the recording procedures set forth in this subchapter, and including loans guaranteed or held by a governmental agency, shall have priority over any lien not perfected at the time of such recording.

7.06.060 Recording

(a) The Tribal Clerk shall maintain the tribal record system for the recording of mortgages and such other documents as the Tribe may designate by laws or resolution.

(b) The Tribal Clerk shall endorse upon any mortgage or other document received for recording:

(1) The date and time of receipt of the mortgage or other document;

(2) The filing number, to be assigned by the Tribal Clerk, which shall be a unique number for each mortgage or other document received; and

(3) The name of the Tribal Clerk or designee receiving the mortgage or document.

7.06.070 Certification

Upon completion of the above-cited endorsements, the Tribal Clerk shall make a true and correct copy of the mortgage or other document and shall certify the copy as follows:

St. Regis Mohawk Tribe}

Indian Reservation

I Certify That This Is a True and Correct Copy of a Document Received for Recording This Date

Given under my hand and seal this _______ day of _____________________, 20_____.

_____________________________ -Seal- _______________________________

(Signature) (Date)

7.06.080 Record and Log Maintenance

The Tribal Clerk shall maintain the copy in the records of the recording system and shall return the original of the mortgage or other document to the person or entity that presented the same for recording.

(a) The Tribal Clerk shall also maintain a log of each mortgage or other document recorded in which there shall be entered:

(1) The name(s) of the borrower/mortgagor of each mortgage, identified as such;

(2) The name(s) of the lender/mortgagee of each mortgage, identified as such;

(3) The name(s) of the grantor(s), grantee(s), or other designation of each party named in any other documents filed or recorded;

(4) The date and time of the receipt;

(5) The filing number assigned by the Tribal Clerk; and

(6) The name of the Tribal Clerk or designee receiving the mortgage or document.

7.06.090 Public Inspection

The certified copies of the mortgage and other documents and the log maintained by the Tribal Clerk shall be made available for public inspection and copying. Rules for copying shall be established and disseminated by Tribal Council.

Subchapter 4 Foreclosure Procedures

7.06.100 General

A borrower/mortgagor shall be considered to be in default when:

(a) He/she is thirty days past due on his/her mortgage payment(s) to the lender/mortgagee; or

(b) He/she is in violation of any covenant under the mortgage for more than 30 days.

7.06.110 Conditions

Before a borrower/mortgagor becomes ninety (90) days delinquent on his mortgage payments and before any foreclosure action or activity is initiated, the lender/mortgagee shall complete the following:

(a) Make a reasonable effort to arrange a face-to-face interview with the borrower / mortgagor. This shall include at least one trip to meet with the borrower / mortgagor at the mortgaged property.

(b) Lender/mortgagee shall document that it has made at least one phone call to the borrower / mortgagor (or the nearest phone designated by the borrower / mortgagor, able to receive and relay messages to the borrower / mortgagor) for the purpose of trying to arrange a face-to-face interview.

7.06.120 Appointment of Agent

Lender/mortgagee may appoint an agent to perform the services or arranging and conducting the face-to-face interview specified in this subchapter.

7.06.130 Notice Requirements

Before the borrower/mortgagor has been delinquent for ninety (90) days and at least ten (10) days before initiating a foreclosure action in Tribal Court, the lender shall advise the borrower/mortgagor in writing by mail or by posting prominently on the unit, with a copy provided to the Tribe, as follows:

(a) Advise the borrower/mortgagor that information regarding the loan and default will be given to credit bureaus.

(b) Advise the borrower/mortgagor of homeownership counseling opportunities and programs available through the lender/mortgagee or otherwise.

(d) In addition to the preceding notification requirements, the lender/mortgagee shall complete the following additional notice requirements:

(1) notify the borrower/mortgagor that if the mortgage remains in default for more than ninety (90) days, the lender/mortgagee may ask the applicable governmental agency to accept assignment of the mortgage if this is a requirement of the governmental program;

(2) notify the borrower/mortgagor of the qualifications for forbearance relief from the lender/mortgagee, if any, and that forbearance relief may be available from the government if the mortgage is assigned; and

(3) provide the borrower/mortgagor with names and addresses of government officials to whom further communications may be addressed, if any.

7.06.140 Default

If a borrower/mortgagor has been in default of ninety (90) days or more and the lender/mortgagee has complied with the procedures set forth in Section 7.06.110 and Section 7.06.130 of this subchapter, the lender/mortgagee may commence a foreclosure proceeding in the Tribal Court by filing a verified complaint as set forth in Section 7.06.150 of this code.

Subchapter 5 Foreclosure Complaint and Summons

7.06.150 Verified Complaint

The verified complaint in a mortgage foreclosure proceeding shall contain the following:

(a) The name of the borrower/mortgagor and each person or entity claiming through the borrower/mortgagor subsequent to the recording of the mortgage, including each subordinate lien holder as a defendant;

(b) A description of the property subject to the mortgage;

(c) A concise statement of the facts concerning the execution of the mortgage; the facts concerning the alleged default(s) of the borrower/mortgagor; and such other facts as may be necessary to constitute a cause of action;

(d) True and correct copies of the land assignment, the mortgage, or assignment thereof relating to the property (appended as exhibits); and

(e) Any applicable allegations concerning relevant requirements and conditions prescribed in:

(1) federal statutes and regulations;

(2) Tribal codes, ordinances and regulations; and/or

(3) provisions of the land assignment.

7.06.160 Summons

The complaint shall be verified by the Tribal Court clerk along with a summons specifying a date and time of appearance for the defendant(s).

7.06.170 Service of Process and Procedures

Service of process must be in writing, and must be delivered to the borrower/mortgagor in the following manner:

(a) Delivery must be made by an adult person.

(b) Delivery will be effective when it is:

(1) Personally delivered to the borrower/mortgagor with a copy delivered by mail; or

(2) Personally delivered to an adult living in the premises with a copy delivered by mail; or

(c) If the notice cannot be given by means of personal delivery, or borrower/ mortgagor cannot be found, the notice may be delivered by means of:

(1) Certified mail, return receipt requested, or

(2) Securely taping a copy of the notice to the main entry door of the premises in such a manner that it is not likely to blow away and by sending a copy first- class mail, postage prepaid, addressed to the borrower/mortgagor at the premises.

(d) The person giving notice must keep a copy of the notice and proof of service in accordance with this section, by affidavit or other manner recognized by law.

Subchapter 6 Cure of Default by Subordinate Lien Holder

7.06.180 Cure of Default by Subordinate Lien Holder

Prior to the entry of a judgment of foreclosure, any borrower/mortgagor or a subordinate lien holder may cure the default(s) under the mortgage by making a full payment of the delinquency to the lender/mortgagee and all reasonable legal and court costs incurred in foreclosing on the property. Any subordinate lien holder who has cured a default shall thereafter have included in its lien holder the amount of all payments made by such subordinate lien holder to cure the default(s), plus interest on such amounts at the rate stated in the note for the mortgage.

Subchapter 7 Judgment and Remedy

7.06.190 Judgment and Remedy

This matter shall be heard and decided by the Tribal Court in a prompt and reasonable time period not to exceed sixty (60) days from the date of service of the complaint on the borrower/mortgagor. If the alleged default has not been cured at the time of trial and the Tribal Court finds for the lender/mortgagee, the Tribal Court shall enter judgment:

(a) Foreclosing the interest of the borrower/mortgagor and each other defendant, including subordinate lien holder, in the mortgage, and

(b) Ordering the borrower/mortgagor to relinquish possession of the premises to the lender/mortgagee by a specific date and time no less than ten (10) nor more than thirty (30) days from the date of judgment.

(d) Assigning the land assignment to the lender/mortgagee or the lender/mortgagee's designated assignee, subject to the following provisions:

(1) The lender shall give the Tribe the right of first refusal on any acceptable offer to purchase the land assignment and/or mortgage which is subsequently obtained by the lender or lender's designated assignee.

(2) The lender or lender's designated assignee may only transfer, sell or assign the land assignment and/or mortgage to a tribal member, the Tribe, or the AHA.

(3) Any other transfer, sale or assignment of the land assignment or mortgage shall only be made to a tribal member, the Tribe, or the AHA.

Subchapter 8 Foreclosure Evictions

7.06.200 Unlawful Detainer

A person, lessee, sub lessee or other occupant of an estate subject to a mortgage shall be guilty of unlawful detainer if such person shall continue in occupancy of such estate after such person's assignment rights have been foreclosed in a mortgage foreclosure proceeding pursuant to this code in the Tribal Court.

7.06.210 Action for Unlawful Detainer

The lender or federal agency which originally made, insured or guaranteed the mortgage loan shall commence an action for unlawful detainer by filing with the Tribal Court, in writing, the following documents:

(a) A complaint signed by the lender or federal agency, or an agent or attorney on behalf:

(1) Citing facts alleging the jurisdiction of the Tribal Court;

(2) Naming as defendants the mortgagors and any other record owner (including any lessees, sub lessees and subordinate lien holders), of which the complainant has record notice;

(3) Describing the land assignment subject to the mortgage;

(4) Stating the facts concerning:

(A) the execution of the land assignment and the mortgage,

(B) the recording of the mortgage, and

(5) Stating any claim for damages or compensation due from the persons to be evicted; and

(6) Otherwise satisfying the requirements and rules of the Tribal Court.

(b) A copy of the summons, issued in accordance with the rules of the Tribal Court, requiring the defendants to file a response to the complaint by the date specified in the summons. The deadline specified in the summons for the filing of a response shall be no less than 20, no more than 30, days from the date of service of the summons and the complaint. The summons shall notify the defendants that judgment will be taken against them in accordance with the terms of the complaint unless they file a response with the Tribal Court by the date specified in the summons.

7.06.220 Summons and Complaint

A copy of the summons and complaint shall be served upon the defendants in a manner provided by the rules of the Tribal Court for the service of civil process, or pursuant to the requirements of Section 7.06.170 of this Code.

7.06.230 Order of Repossession

The Tribal Court shall enter an Order of Repossession if:

(a) Notice of suit is given by service of summons and complaint in accordance with the procedures provided herein; and

(b) The Tribal Court shall find during pre-trial proceedings or at trial that the Borrower/Mortgagor subject to the mortgage is guilty of an act of unlawful detainer.

7.06.240 Remedies

Upon issuance of an Order of Repossession, the Tribal Court shall have the authority to enter a judgment against the defendants for the following, as appropriate:

(a) Any and all amounts secured by the mortgage that are due the lender or federal agency; and

(b) Damages to the property caused by the defendants, other than ordinary wear and tear.

7.06.250 Attorneys Fees

The Tribal Court shall have the authority to award to the prevailing party its costs and reasonable attorneys' fees in bringing suit.

7.06.260 Enforcement

Upon an issuance of an "Order of Repossession" by the Tribal Court, tribal law enforcement officers shall help plaintiffs enforce same by evicting the defendants and their property from the unlawfully occupied estate. In all cases involving the lender or federal agency, the "Order of Repossession" shall be enforced no later than 45 days after a pre-trial proceeding or trial in which the Tribal Court finds against the defendants, subject to a continuance under Section 7.06.270, below, and provided that no party exercised the right to cure default or right of first refusal as described in Chapters VI or VII.

7.06.270 Continuance

In cases involving the lender or federal agency which originally made, insured or guaranteed, the mortgage loan, there shall be no continuances issued by the Tribal Court that will interfere with the requirement that the Order of Repossession be enforced no later than 45 days after a pre-trial proceeding or trial in which the Tribal Court finds against the defendants, subject to the sound discretion of the Court.

Subchapter 9 Miscellaneous

7.06.280 No Merger of Estates

There shall be no merger of estates by reason of the execution of a land assignment or a mortgage or the assumption of the same, including an assumption adjudged by the Tribal Court, or by operation of law, except as such merger may arise upon satisfaction of the mortgage.

7.06.290 Certified Mailing to Tribe and Assignee

Any foreclosure proceedings on a land assignment or mortgage where the Tribe or the assignee(s) is not named as a defendant, a copy of the summons and complaint shall be mailed to the Tribe and to the assignee(s) by certified mail, return receipt requested, within five (5) days after the issuance of the summons.

7.06.300 Intervention

The Tribe or any land assignee may petition the Tribal Court to intervene in any land assignment or mortgage foreclosure proceeding under this code. Neither the filing of a petition for intervention by the Tribe, nor the granting of such a petition by the Tribal Court shall operate as a waiver of the sovereign immunity of the Tribe, except as may be expressly authorized by the Tribe.

7.06.310 Appeals

Appeals under this code shall be handled according to the general tribal civil appellate provisions, with the exception that the party taking the appeal shall have only five (5) days from the entry of the order of judgment to file an appeal. All orders from the court will remain in effect during the pendency of an appeal under this code unless otherwise ordered by the court. In the event that there are no general tribal civil appellate provisions, the order of judgment by the Tribal Court shall be final.

Chapter 7.07 Mortgage Land Assignment Ordinance

Subchapter 1 Short Title, Findings and Purpose

7.07.010 Short Title

This chapter shall be known as the St. Regis Mohawk Tribe Land Assignment Ordinance. Its short title shall be the "Land Assignment Ordinance".

7.07.020 Findings

The St. Regis Mohawk Tribal Council ("Council" or "Tribal Council") hereby finds that:

(a) Due to the unique legal status of lands on the St. Regis Mohawk Indian Reservation ("Reservation"), it is difficult for members of the St. Regis Mohawk Tribe ("Tribe") to purchase homes utilizing traditional financing methods.

(b) In order to alleviate this situation, which exists on all Indian reservations and lands, federal agencies such as the U.S. Department of Housing and Urban Development ("HUD") and the U.S. Department of Agriculture ("USDA") have established Indian housing loan guarantee programs.

(c) In order for the St. Regis Mohawk Tribe and its members to participate in any mortgage loan program, whether guaranteed or conventional for either residential or commercial purposes, it must first establish the required legal and administrative framework to allow for Reservation land parcels to be used as a security interest for mortgages.

(d) Currently, individual tribal member land interests on the St. Regis Mohawk Indian Reservation are held pursuant to a tribal member's Deed of Right to Use and Occupancy that is approved by the Tribal Council and filed with the Tribal Clerk's office.

7.07.030 Purpose

The purpose of this chapter is to convert and structure the current land interests into tribal land assignments so that such may be pledged as security for a mortgage; and to create a land assignment process to protect the interests of the tribal member borrower, the lender, and any federal agency that is involved.

Subchapter 2 Definitions

7.07.040 Definitions

In construing the provisions of this Land Assignment Ordinance, the following words or phrases shall have the meanings designated unless a different meaning is expressly provided, or the context clearly indicates otherwise:

(a) "Assignee" means an eligible tribal participant for whom an assignment is conveyed in accordance with the provisions of this Land Assignment Ordinance.

(b) "Assignment" means the real property located on the Reservation to which assignment rights are made appurtenant and vested in an assignee pursuant to this Land Assignment Ordinance expressly including the following:

(1) any tract of land described in, or delineated on a survey as suitable for the construction of a dwelling or building; and

(2) such tract of land so described or delineated together with any dwelling or building now or hereafter located thereon; and

(3) such other improvements as are now or hereafter made to such tract of land by an assignee in accordance with tribal law for the benefit only of such assignment.

(c) "Assignment conveyance" means the conveyance to an assignee of an assignment and the assignment rights appurtenant thereto.

(d) "Assignment mortgage" is the mortgage of a assignment of property given to secure a loan, and may be created under the auspices of any federal agency or AHA homebuyer or lending program, or any other agreement entered between a borrower/mortgagor and a lender/ mortgagee. An assignment mortgage differs from a standard mortgage to the extent that an assignment mortgage pledges the assignment interest as collateral for the loan, rather than pledging an ownership interest in the real property.

(e) "Assignment rights" means those rights appurtenant to an assignment as specified in this Land Assignment Ordinance.

(f) "Certificate of assignment" means the written instrument by which an assignment conveyance is made.

(g) "Certificate of compliance" has the meaning as set forth in this Land Assignment Ordinance.

(h) "Eligible tribal participant" has the meaning as set forth in this Land Assignment Ordinance.

(i) "Instrument" means any writing or document evidencing or affecting:

(1) The assignment rights of an assignee in and to an assignment including, but not limited to a certificate of assignment and a license of such rights as permitted under Land Assignment Ordinance;

(2) The possessory rights of a tribal member in a tract or parcel of land that is not an assignment, including, but not limited to the St. Regis Mohawk Tribe's Right to Use and Occupancy Deeds;

(3) The rights of a loan program lender in and to an assignment including, but not limited to, an assignment mortgage;

(4) The rights of the Tribe in and to an assignment.

(j) "Loan program" means any loan program, such as the U.S. Housing and Urban Development ("HUD") Section 184 or other loan guarantee programs, any other loan guarantee program, or any other loan program including conventional or traditional mortgages as the same may be approved by resolution of the Tribal Council.

(k) "Loan program lender" means any lender making a loan:

(1) to an assignee secured by an assignment mortgage;

(2) together with any permitted assignee of or successor;

(3) such lender as provided for by the terms of the loan program pursuant to which such loan is made.

(l) "Right to Use and Occupancy Deed" means a written agreement between the Tribe and a tribal member conferring specified rights to a tract or parcel of land pursuant to the use and occupancy procedures of land transactions carried out and administered by the St. Regis Mohawk Tribe.

(m) "Recording", "record", and "recorded" shall mean the act of recording an instrument as a public document in accordance with this Land Assignment Ordinance.

(n) "Reservation" and "Reservation Lands" means the St. Regis Mohawk Reservation, which shall include all lands held in restricted status and in trust by the United States of America for the benefit of the St. Regis Mohawk Tribe.

(o) "Survey" means such maps, surveys, or other documentation defining and delineating assignments therein established as is certified and adopted by Tribal Council for purposes of this Land Assignment Ordinance and duly recorded.

(p) "Tribal Clerk" is the duly elected tribal official designated to perform the recording functions required by this code or any deputy or designee of such person as assigned by Tribal Council.

(q) "Tribal Council" or "Council" means the St. Regis Mohawk Tribal Council, the governing body of the Tribe.

(r) "Tribal Court" is the St. Regis Mohawk Tribal Court as established by the laws of the Tribe or such body as may now or hereafter be authorized by the laws of the Tribe to exercise the powers and functions of a court of law.

(s) "Tribal law" means all laws, resolutions, regulations, ordinances or other form of action by the Tribal Council, and such regulations and policies as are duly adopted by a department of the Tribe in accordance with tribal law.

(t) "Tribe" means the St. Regis Mohawk Tribe ("St. Regis Mohawk Tribe of New York") as recognized by the United States of America.

Subchapter 3 Assignments

7.07.050 Eligible Tribal Participants

Assignments may only be made to eligible tribal participants. An eligible tribal participant is:

(a) A person who is a duly enrolled tribal member as defined by the tribal membership laws and code and,

(1) who is at least 18 years of age or, if below the age of 18, has a guardian or conservator who has been appointed by the Tribal Court;

(2) who has not suffered divestiture of assignment rights previously granted arising out of the enforcement by a Loan Program Lender of its rights under an assignment Mortgage;

(b) The Akwesasne Housing Authority, tribally designated housing entity of the St. Regis Mohawk Tribe,

(d) A tribal organization or entity created in compliance with the laws of the St. Regis Mohawk Tribe.

7.07.060 Rights Conveyed by Assignment Conveyance

The due execution, delivery, and recording of a certificate of assignment shall vest in the assignee therein named, the right to occupy and exercise dominion and control over the assignment therein identified to the exclusion of the rights of other tribal members subject to the following:

(a) Any rights of the United States of America under federal laws that restrict alienation of Reservation lands for the benefit of the Tribe;

(b) The rights of the Tribe to assert its inherent police power with respect to assignees and assignments including, but not limited to, the adoption of tribal laws relating to land use control, building codes, and similar tribal laws whether of general application to the Reservation or to portions of an assignment;

(d) The rights of the Tribe for access over, under, into, and upon any assignment as may be necessary for governmental activities of the Tribe including, but not limited to, the provision of utilities for the benefit of tribal members;

(e) The rights of the Tribe in and to all timber, water, water courses, minerals, sand, gravel, and other natural resources located on the Reservation, which rights are reserved to the Tribe to be managed in accordance with tribal laws; and

(f) The rights of the Tribe in and to all ceremonial, burial, and sacred grounds, as they may be identified by the Tribal Council from time to time.

7.07.070 Rights Conveyed by Assignment Mortgage

(a) The due execution and delivery of an assignment mortgage by an assignee shall vest in the loan program lender therein named, a valid security interest in and to such assignee's assignment and assignment rights. The security interest thereby granted is enforceable in Tribal Court pursuant to the provisions of the St. Regis Mohawk Tribe Mortgage Foreclosure and Eviction Ordinance and in accordance with the terms of such assignment mortgage. Any term of an assignment mortgage shall be deemed void and not enforceable if it is:

(1) Contrary to the terms and conditions of the loan program pursuant to which it is made; or

(2) Contrary to the provision of any tribal law in effect at the time the assignment mortgage was executed.

(b) The security interest in an assignment granted to a loan program lender shall be perfected by recording the assignment mortgage instrument.

(c) Any purported security interest granted in an assignment to the benefit of other than a loan program lender pursuant to a loan program shall be deemed null, void, and of no effect.

7.07.080 Conveyance of Assignment

(a) An assignee shall have the right to convey, grant, assign, transfer, pledge, or encumber the assignee's assignment only as follows:

(1) Conveyance by an assignee to another eligible tribal participant or eligible tribal participants of such assignee's assignment rights in and to an assignment, and whether for value received or by gift;

(2) Conveyance of a deceased assignee's assignment to an eligible tribal participant or eligible tribal participants pursuant to the terms of such deceased assignee's will as probated in the Tribal Court or otherwise by operation of the intestacy laws of the Tribe as determined by the Tribal Court;

(3) Conveyance of a deceased assignee's assignment by will or intestacy to a eligible surviving spouse will be authorized to the extent permitted by applicable tribal probate, estate or residency law;

(4) In accordance with an order of the Tribal Court, conveyance of an assignee's assignment to a guardian or conservator for an eligible tribal participant or eligible tribal participants who are incapable or have not reached the age of majority;

(5) Granting of a security interest in an assignment to a loan program lender pursuant to the terms of an assignment mortgage;

(6) License or other grant by an assignee to a tribal member or tribal members of less than all of such assignee's assignment rights, including, but not limited to, rights to occupy an assignment provided such license or other grant is evidenced by an instrument countersigned by Tribal Council indicating its approval and then recorded prior to the date such grantee is entitled to exercise such rights.

(b) Unless expressly permitted above or as otherwise may be permitted by tribal law, any purported conveyance, grant, assignment, transfer, pledge, or encumbrance of an assignee's rights, arising under an assignment conveyance held by such assignee, shall be null, void, and unenforceable. Upon recording an instrument evidencing a permitted conveyance of an assignment, the eligible tribal participant to whom the assignment is conveyed shall be the assignee for all purposes of this Land Assignment Ordinance.

(c) Except as expressly permitted under this law with respect to the rights of a loan program lender, any purported assignment to a corporation, limited liability company, limited partnership, or entity other than a natural person, whether the same is wholly owned or controlled by an eligible tribal participant or eligible tribal participants and whether or not the same is chartered or created under tribal law, shall be null, void and of no effect. A loan program lender is expressly permitted to assign its' interests and rights, in settlement of a title insurance claim, to the title insurer whose policy was issued insuring the loan program lender.

7.07.090 General Provisions

(a) The provisions of this Land Assignment Ordinance with respect to assignments shall apply only to those areas of the Reservation described or delineated in a Survey.

(b) In the event of a conflict between the provisions of this Land Assignment Ordinance and the provisions of any other tribal laws affecting the subject matter hereof, the provisions of this Land Assignment Ordinance shall control.

(c) No assignment, by resolution of the Tribal Council or otherwise, shall lose its designation as such, it being the intent and purpose of this law that such designation shall be of a continuing and perpetual nature.

Subchapter 4 Enforcement

7.07.100 Enforcement of Assignee's Obligations

(a) The Tribal Council, acting directly or by or through the Tribal Clerk, may seek in Tribal Court the enforcement of any provision of this Land Assignment Ordinance and enforcement of the terms of any instrument in which the Tribe has an interest including, but not limited to, a certificate of assignment. The foregoing notwithstanding, unless pursuant to the rights of the Tribe arising under the terms of any loan program pursuant to which an assignment mortgage is made, only the loan program lender or permitted successor or assign of a loan program lender shall be entitled to enforce its security interest arising under an assignment mortgage.

(b) Tribal Court shall have jurisdiction and authority to hear and adjudicate any enforcement action brought pursuant to this section.

(c) Tribal Court shall specifically be authorized to award monetary damages and to impose such equitable orders as Tribal Court may deem necessary for the enforcement of tribal law in harmony with the purposes and intent of this Land Assignment Ordinance.

7.07.110 Application of Land Assignment Ordinance

(a) The Tribal Clerk is hereby authorized to oversee and administer the application of this Land Assignment Ordinance, and to execute, on behalf of the Tribe, assignment conveyances to eligible tribal participants in accordance with this law.

(b) The Tribal Clerk is authorized to initiate and/or perform all necessary actions under this Land Assignment Ordinance including, but not limited to:

(1) The acceptance of applications for assignments;

(2) The issuance of certifications of eligibility for assignments;

(3) The determination of tribal member priority for the issuance of assignments;

(4) The determination and issuance of corrective actions to address deficiencies in assignments;

(c) The Tribal Clerk, together with the Tribe's office of General Counsel, shall have the responsibility and authority to represent the Tribe in actions before the Tribal Court concerning the Land Assignment Ordinance.

Subchapter 5 Delegation to the Tribal Clerk

7.07.120 Develop, Promulgate and Enforce Regulations

As the Tribal Council shall from time to time authorize and direct, the Tribal Clerk shall develop, adopt and promulgate such regulations as the Tribal Council determines are needed for the orderly operation and administration of this Land Assignment Ordinance.

Subchapter 6 Recording

7.07.130 Applicability

Any instrument evidencing any interest in an assignment shall be recorded as provided by this subchapter.

7.07.140 Effect of Recording

An instrument affecting an assignment in accordance with this Land Assignment Ordinance shall be notice to all persons and entities of the existence of the transaction or transfer, and of any rights, interests, or liabilities created thereby.

7.07.150 Priority

Any instrument affecting any interest in an assignment recorded in accordance with this Land Assignment Ordinance shall be presumed to have priority over any instrument, lien or claim not recorded at the time of such recording.

7.07.160 Recording Process

(a) The Tribal Clerk shall maintain a permanent record of each transaction affecting Reservation lands, including but not limited to, any actions affecting interests in assignments in accordance with the following:

(1) The Tribal Clerk shall perform the recording functions under this Land Assignment Ordinance.

(2) The Tribal Clerk shall maintain, within its own system of records, a system for the recording of instruments and, as may be directed by Tribal Council, other documentation relating to the lands comprising the Reservation.

(3) The Tribal Clerk shall record instruments only upon the production of a certificate of compliance at the time of recording, which certificate of compliance shall be recorded immediately prior to the instrument to be recorded.

(4) The Tribal Clerk shall endorse the following upon any Instrument received for Recording under this Land Assignment Ordinance:

(A) The date and time of receipt of the instrument;

(B) The filing number, to be assigned by the recording agent, which shall be a unique number for each instrument; and

(C) The name of the individual recording agent or other employee of the Tribal Clerk receiving the instrument for recording.

(5) Upon completion of the above endorsements, the Tribal Clerk shall make a true and correct copy of the instrument, shall certify such copy as being a true and correct copy of the original, shall maintain such copy of the instrument in the records of the recording system, and shall return the original of the instrument to the person that presented the same for recording.

(6) The Tribal Clerk shall maintain a log of each recorded instrument, in which there shall be entered:

(A) The name of the grantor of each instrument, identified as such;

(B) The name of the grantee of each instrument, identified as such;

(D) The filing number assigned by the Tribal Clerk;

(E) The name of the individual in the Tribal Clerk's office receiving the instrument;

(F) A description of the assignment, which is the subject of the instrument;

(G) A description of the transaction described by the instrument; and

(H) A notation that the certificate of compliance has been tendered.

(7) The Tribal Clerk shall further establish and maintain an up to date index of all instruments recorded by reference to the identification of the assignment to which it relates, both by survey designation and by street address.

(8) The index, the log, and the instruments or copies of the instruments duly recorded shall be made available for public inspection during regular Tribal business hours and pursuant to such reasonable rules as the Tribal Council may from time to time adopt. Subject to subsection (a)(9) of this section, the Tribal Clerk shall provide the public copies of the same and upon request, shall certify a copy as true and accurate.

(9) The Tribal Council may from time to time establish reasonable recording fees, copying fees and fees for the certification of any instrument recorded under the recording system established under this Land Assignment Ordinance.

7.07.170 Certificate of Compliance

Each instrument submitted for recording shall be accompanied by a certificate of compliance issued by the Tribe's office of General Counsel or such other instrumentality of the Tribe as the Tribal Council may from time to time direct. The issuing party shall issue said certificate upon an investigation and determination that the form and content of the instrument to be recorded complies with the requirements of this Land Assignment Ordinance. No instrument may be recorded by the Tribal Clerk unless the instrument is accompanied by a valid certificate of compliance.

7.07.180 Authority of Tribal Council to Amend Survey

The Tribal Council is hereby granted the authority to have recorded an amended survey, to make minor adjustments to a survey, and therefore the assignments thereby evidenced, for the limited purpose of correcting errors, mistakes, inconsistencies or omissions provided that such adjustments do not materially change the benefits conferred by a certificate of assignment then of record. Prior to the approval of any amended survey, 30 days notice shall be given to any assignee or loan program lender affected thereby, as well as an opportunity to a hearing to object to the proposed amendment of the survey.

7.07.190 Conversion of Rights Held Under a Right to Use and Occupancy Deed

(a) All rights arising under a right to use and occupancy deed duly entered into shall be convertible by the Tribal Clerk into an assignment upon declaration by the Tribal Council provided that, at the time of such conversion, all obligations then outstanding to the Tribe arising under the right to use and occupancy deed are satisfied in full.

(b) Upon such satisfaction and the mutual release of the right to use and occupancy deed by the tribal member and the Tribe, all rights arising under the same, pursuant to applicable tribal laws, regulations, or custom shall be deemed extinguished upon the recording of a certificate of assignment by the Tribal Clerk to the benefit of the tribal member who is a party to the same and thenceforth the provisions of this Land Assignment Ordinance shall exclusively control and determine the rights of the tribal member in and to that tract or parcel as described in both the superceded right to use and occupancy deed and in such superceding certificate of assignment.

Subchapter 7 Severability

7.07.200 Severability

If any part of this Land Assignment Ordinance is held to be invalid the remainder shall remain to be in full force and effect to the maximum extent possible.

Chapter 7.09 Pawnbroker Ordinance

7.09.010 Title

This chapter shall be known as the Saint Regis Mohawk Pawnbroker Ordinance.

7.09.020 Definitions

"amount financed" is the amount loaned or advanced.

"appropriate law enforcement official" means an officer of the Saint Regis Mohawk Police Department.

"claimant" means a person who claims that his or her property was misappropriated.

"default date" means the date upon which the pledgor's right of redemption expires and absolute right, title and interest in and to the pledged goods shall vest in and shall be deemed conveyed to the pawnbroker by operation of law.

"identification" means a government-issued photographic identification.

"misappropriated" means stolen

"pawn" means any advancement of funds on the security of pledged goods on condition that the pledged goods are left in the possession of the pawnbroker for the duration of the pawn and may be redeemed by the pledgor on the terms and conditions agreed to.

"pawnbroker" means any person engaged in the business of loaning money on the security of deposits or pledges of personal property; or dealing in the purchase of personal property on condition of selling back at a stipulated price.

"pawnbroker transaction form" means the instrument on which a pawnbroker records pawns and purchases.

"pawn service charge" means a charge for investigating title, storage, and insuring of the security; closing the transaction; making reports to appropriate law enforcement officials; expenses and losses; and all other services.

"pawnshop" means the location at which a pawnbroker conducts business.

"person" means an individual, partnership, corporation, joint venture, trust, association, or other legal entity.

"pledged goods" means tangible personal property that is deposited with or delivered into the possession of a pawnbroker in connection with a pawn. It does not include titles or any other form of written security in tangible property in lieu of actual possession, including certificates of title evidencing title to separate items of property, including motor vehicles. The pledgor's interest in pledged goods during the pendency of a pawn is the right of redemption only.

"pledgor" means an individual who delivers pledged goods into the possession of a pawnbroker in connection with a pawn.

"purchase" means the transfer and delivery of goods, by a person other than a permitted vendor, to a pawnbroker by acquisition for value, consignment or trade for other goods.

"weapons" may include but is not limited to a firearm silencer, firearms of any kind, disguised or not, switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, rifle, shotgun, cane sword, chuka stick or nunchakus, electronic dart gun, Kung Fu or Ninja stars, electronic stun guns, armor piercing ammunition, or any ammunition of any kind.

7.09.030 License Required

(a) A person shall not engage in business as a pawnbroker in the Akwesasne Mohawk Territory without first obtaining a license from the Saint Regis Mohawk Tribe.

(b) Each license is valid for one year from the date of issuance unless it is earlier relinquished, suspended, or revoked. Each license shall be renewed annually and each licensee shall initially and thereafter annually pay to the Saint Regis Mohawk Tribe a license fee of $1,000.00 (one-thousand dollars). Licenses shall not be transferable from one physical location to another or from one person to another.

(c) The initial license shall be approved by the Saint Regis Mohawk Tribe, as represented by the Saint Regis Mohawk Tribal Council, thereafter, the Compliance Department is granted the authority to make any determinations regarding any suspensions, revocations, renewals, temporary, or conditional licenses and are also granted the authority to issue orders of suspension, revocation, to impose fines and penalties and to issue renewed, temporary, or conditional licenses.

(d) A licensee who seeks to move a pawnshop to another location must give the Compliance Department and the appropriate law enforcement official 30 days prior written notice and received pre-approval for the new location.

(e) A person must apply to the Compliance Department for a new license upon any change, directly or beneficially, in the ownership of any pawnshop

7.09.040 Eligibility for License

(a) To be eligible for a pawnbroker's license, and applicant must:

(1) Be at least 21 years old;

(2) Be an enrolled or eligible to be enrolled in the Saint Regis Mohawk Tribe;

(3) Be of good moral character;

(4) Not have been convicted of, found guilty of, or pled guilty or nolo contendre to, or been incarcerated for a felony or for a crime that involves theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any other fraudulent or dishonest dealing within the last 10 years.

(5) Must be in good standing with regard to any other Tribal licenses the applicant may hold.

7.09.050 Application for License

(a) An application for a license must state the following:

(1) Full name of applicant, including any former names or aliases

(2) Physical addresses and mailing address of applicant

(3) Physical address of business

(4) Address to which correspondence should be sent

(5) Phone number of applicant

(6) Any other relevant information required by the Compliance Department

(b) If the applicant is not the owner, the applicant must state the full name and address of each owner or partner in the business.

(c) Each application for a license shall be accompanied by a signed authorization and release form allowing the Compliance Department to conduct any background investigations it may deem necessary.

(d) When the application is received, the Compliance Department shall investigate the facts, determine if the application requirements are satisfied and then submit the application to the Saint Regis Mohawk Tribal Council for final approval. Upon Tribal Council approval the applicant will be notified and be required to pay the annual license fee of $1,000.00 (one thousand dollars), and shall submit a copy of their certificate of insurance. The Compliance Department shall then issue a Tribal Pawnbroker License. The license must be prominently displayed at the front desk or counter of the pawnshop.

(e) If the application for a Tribal Pawnbroker License is denied, the applicant shall be notified in writing.

(f) Fees and fines collected pursuant to this regulation shall be deposited in the Tribal General Fund.

7.09.060 Suspension, Revocation and Surrender of License

(a) The Compliance Department may, after providing the licensee a Notice of Violation or Noncompliance and an opportunity to be heard, suspend or revoke any license upon a finding that:

(1) The licensee, either knowingly or negligently violated this regulation or aided or conspired with another person to violate this regulation;

(2) A condition exists, that had it existed when the license was issued, would have justified the Saint Regis Mohawk Tribe's refusal to issue a license;

(3) The licensee or its agents or employees who are subject to the eligibility requirements no longer meet the eligibility requirements to hold a pawnbroker's license;

(4) The licensee has through gross negligence or willful noncompliance, failed to comply with a written hold request made by an appropriate law enforcement official.

(b) The Compliance Department may conditionally license, reprimand or place on probation a person whose license has been suspended for a violation of this regulation.

(c) A Notice of Noncompliance or Violation shall be mailed by certified or registered mail to the licensee or may be hand-delivered by an officer of the Compliance Department who shall fill out and sign a declaration that such notice was delivered.

(d) An opportunity to be heard shall consist of a meeting with the Director of Compliance wherein the licensee may present any evidence, which may contradict or otherwise give cause for the Compliance Department to re-evaluate the notice of violation or noncompliance issued. After such meeting, the Compliance department, if appropriate, shall issue a Determination of Violation or Noncompliance and shall assess the appropriate fines or penalties.

(e) Any licensee may surrender a license by delivering it by hand or by mailing it certified or registered mail to the Compliance Department with written notice of its surrender. All operation of the licensee's pawnshop shall cease immediately upon the mailing or delivery of the notice of surrender. The surrender of a license does not affect the civil or criminal liability of the licensee for acts committed before the surrender of the license.

(f) The revocation, suspension or surrender of a license does not impair or affect the obligation of any pre-existing lawful contract between the licensee and any pledgor. Any pawn transaction made by a person without benefit of a license is voidable, in which case, the person forfeits the right to collect any money, including principal, interest and charges, from the pledgor and is obligated to return to the pledgor the pledged goods.

(g) The Compliance Department may reinstate a suspended license or issue a new license to a person whose license had been revoked if it determines that no fact or condition exists that would have justified the Compliance Department in originally refusing to issue a license.

(h) Any determination of the Compliance Department is appealable to the Saint Regis Mohawk Tribal Council, upon written request. The decision of the Saint Regis Mohawk Tribal Council in any matter appealed from the Compliance Department is final and is not subject to further appeal.

7.09.070 Penalties and Fines

(a) The Compliance Department may enter an order imposing one or more fines or penalties set forth in paragraph (b) of this section if the Compliance Department finds that a pawnbroker:

(1) Violated or is operating in violation of any provisions of this regulation or of the rules adopted or orders issued pursuant to this regulation;

(2) Made a material false statement in any application, document, or record required to be submitted or retained;

(3) Refused or failed to produce any document or records or disclose any information required to be produced or disclosed pursuant to this regulation;

(4) Made a material false statement in response to any request or investigation by the Compliance Department or any law enforcement official;

(5) Has intentionally defrauded the public through dishonest or deceptive means.

(b) If the Compliance Department makes a finding as set forth in paragraph (a) of this section, the Compliance Department may enter an order doing one or more of the following:

(1) Issuing a Notice of Noncompliance or Violation;

(2) Imposing a fine not to exceed $5,000 for each act, which constitutes a violation of this regulation, a rule or an order;

(3) Directing that the pawnbroker cease and desist specified activities;

(4) Refusing to license or revoking or suspending a license;

(5) Placing the licensee on probation for a period of time, subject to such conditions as the Compliance Department shall specify.

(c) If the Compliance Department enters an order pursuant to Paragraph (b) of this section, such order shall be evidence of a lack of good standing and may be considered in other licensing determinations.

(d) The remedies provided for in this regulation shall be in addition to any other remedy or right of action provided by Tribal, State or Federal Law.

7.09.080 Pawnbroker Transaction Form

(a) At the time the pawnbroker enters into any pawn or purchase transaction, the pawnbroker shall complete a pawnbroker transaction form for such transaction, including an indication of whether the transaction is a pawn or a purchase, and the pledgor or seller shall sign such completed form. The pawnbroker transaction form shall be created in triplicate. The Compliance Department must approve the design and format of the pawnbroker transaction form, which must be 8 ½ inches x 11 inches in size and elicit the information required under this section. In completing the pawnbroker transaction form, the pawnbroker shall record the following information, which must be typed or legibly written in the English language.

(b) The front of the pawnbroker transaction form must include:

(1) The name and address of the pawnshop.

(2) A transaction form number, which shall be in sequential order. The transaction form number may be created as a duplicate set of peel-off labels that may be affixed to the pawnbroker transaction form and to the actual item pawned or purchased.

(3) A complete and accurate description of the pledged goods or purchased goods, including the following information if applicable:

(A) Categorization of the item, i.e. electronics, jewelry, tools, etc.

(B) Brand name

(D) Manufacturer's serial number

(E) Size

(F) Color

(G) Precious metal type, weight and content, if known

(H) Gemstone description, including number of stones

(I) Any other unique identifying marks, numbers, names or letters

(4) In the case of jewelry, a photograph of the piece shall be taken upon purchase or pawn and shall be securely attached to the pawnbroker's copy of the pawnbroker transaction form.

(5) The name, physical and mailing address, home telephone number, place of employment, date of birth, and physical description of the pledgor or seller.

(6) The type of picture identification accepted from the pledgor or seller, including the issuing agency and identification number. A photocopy of the accepted picture identification of the pledgor or seller shall be taken and securely attached to the pawn pawnbroker's copy of the pawnbroker transaction form.

(7) Date and time of transaction

(8) In the case of a PAWN:

(A) The amount of money loaned, which must be designated as the amount financed;

(B) The default date of the pawn, which must be 30 days after the date of the pawn;

(D) The total service charge payable on the default date, which must be designated as the finance charge;

(E) The amount financed plus the finance charge that must be paid to redeem the pledged goods on the default date which must be designated as the total of payments;

(F) The annual percentage rate;

(G) The front or back of the pawnbroker transaction form must include a statement that:

(i) Any personal property pledged to a pawnbroker within the Territory of Akwesasne which is not redeemed within 30 days following the default date of the pawn, if the 30th day is not a business day, then the following business day, is automatically forfeited to the pawnbroker, and absolute right, title and interest in and to the property vests in and is deemed conveyed to the pawnbroker and no further notice is necessary;

(ii) The pledgor is not obligated to redeem the pledged goods;

(iii) If the pawnbroker transaction form is lost, destroyed, or stolen, the pledgor must immediately advise the issuing pawnbroker in writing by mail, or in person as evidenced by a signed receipt.

(iv) A pawn may be extended upon mutual agreement of the parties.

(9) In case of a PURCHASE, the amount of money paid for the goods or the monetary value assigned to the goods in connection with the transaction, as well as the date on which the item will be available for sale or disposal, which date shall be at least 30 days after the purchase transaction.

(10) A statement that the pledgor or seller of the item represents and warrants that it is not stolen, that it has no liens or encumbrances against it, and that the pledgor or seller is the rightful owner of the goods and has the right to enter into the transaction.

(c) Any person who knowingly gives false verification of ownership or gives a false or altered identification and who receives money from a pawnbroker for goods sold or pledged:

(1) Shall be immediately reported to the Saint Regis Mohawk Tribal Police Department;

(2) Shall not be allowed to use any of the services the pawnshop offers and shall have their photo placed in plain view for the reference of all pawnshop employees. Their name may also be placed on an alphabetical listing for quick reference by pawnshop employees.

(d) At the time of the pawn or purchase transaction, the pawnbroker shall deliver to the pledgor or seller an exact copy of the completed pawnbroker transaction form.

7.09.090 Recordkeeping; Reporting; Hold Period

(a) A pawnbroker must maintain a copy of each completed pawnbroker transaction form on the pawnshop premises for at least 1 year after the date of the transaction. Copies shall be maintained so as to ensure quick and easy review and retrieval of information. The pawnbroker transaction number shall be securely affixed to all items pawned or purchased.

(b) A pawnbroker must keep a ledger or logbook of ALL transactions, including the name, physical description, physical address, and phone number of anyone who purchases an item, whether pawned or sold to the pawnshop. A separate logbook or ledger of all purchasers may be kept and shall only be open to inspection by an appropriate law enforcement official. If desired, the ledger or logbook may be kept on a computer. The ledger or logbook must be cross-referenced with the transaction number on the relevant pawnbroker transaction form.

(c) All goods delivered to a pawnbroker in a pawn or purchase transaction must be securely stored and maintained in an unaltered condition within the territorial jurisdiction of the Saint Regis Mohawk Tribe for a period of 30 calendar days after the transaction.

(1) Goods sold to a pawnbroker in a PURCHASE transaction may not be sold or otherwise disposed of before 30 calendar days.

(2) In a PAWN transaction, the pledgor may redeem the pledged goods within the first 30 days or must make arrangements with the pawnbroker to extend the time to redeem. If no arrangements are made between the pawnbroker and the pledgor, and pledged goods are not redeemed on or before the default date, the pledged goods are automatically forfeited to the pawnbroker, and absolute right, title and interest in and to the property vests in and is deemed conveyed to the pawnbroker and no further notice is necessary. Without mutually agreed upon arrangements, which shall be in writing, there is no additional waiting period beyond the first 30 days.

(d) Within this 30-day time period, it is the pawnbroker's responsibility to contact the appropriate law enforcement official to determine if any of the items have been misappropriated.

7.09.100 Pawn Service Charges

(a) In a pawn transaction, a pawnbroker may contract for and receive a pawn service charge as follows:

(1) Interest component of the pawn service charge shall not exceed 1.5 percent of the amount financed for each 30-day period in a pawn transaction.

(2) The total amount of the pawn service charge, including interest, shall not exceed 25 percent of the amount financed for each 30-day period in a pawn transaction, except that the pawn broker is entitled to receive a minimum of $5.00 for each 30 day period.

(b) The default date of a pawn may be extended by mutual agreement of pawnbroker and pledgor. Such extension shall be evidenced by written memorandum, a copy of which must be supplied to pledgor and which shall clearly indicate the new default date and the pawn services charges owed on the new default date. The pawn service charge for the extension shall be the equivalent of that charged for the original 30-day period. There is no limit on the number of extensions the parties may enter into.

(c) If pledged goods are redeemed within the original 30-day period, a pawnbroker is entitled to the amount specified in paragraph (a) of this section. Any unused pawn service charge paid in advance by the pledgor shall be refunded by the pawnbroker.

(d) Any interest, charge or fees contracted for or received, directly or indirectly, in excess of the amounts authorized are prohibited, may not be collected and render the pawn transaction voidable.

7.09.110 Prohibited Acts

(a) A pawnbroker, employee or agent of a pawnbroker may not:

(1) Falsify or intentionally fail to make an entry of any material matter in a pawnbroker transaction form.

(2) Refuse to allow an appropriate law enforcement official, a member of the Compliance Department, or any other official whose assistance has been requested by the Saint Regis Mohawk Tribal Police or the Compliance Department, to inspect completed pawnbroker transaction forms, the ledger or logbook, or pledged or purchased goods during regular business hours or at a time mutually acceptable to all parties. The appropriate law enforcement official shall disclose to a claimant the name and address of the pawnbroker, the name and address of the conveying customer, and a description of pawned or purchased goods that the claimant claims to be misappropriated.

(3) Obliterate, destroy or discard a completed pawnbroker transaction form sooner than 3 years after the date of the transaction. Completed pawnbroker transaction forms must be kept on site for a period of 1 year following the transaction.

(4) Accept a pledge or purchase of property from a person under the age of 18 years.

(5) Knowingly enter into a pawn or purchase transaction with any person who is under the influence of alcohol or a controlled substance when such condition is apparent.

(6) Fail to return or replace pledged goods to a pledgor upon payment of the full amount due to pawnbroker, unless the goods have been placed on hold.

(7) Sell or otherwise charge for insurance in connection with a pawn transaction.

(8) Engage in title loan transactions.

(9) Lease pledged goods to the pledgor or any other party.

(10) Operate a pawnshop between the hours of 10:00pm and 7:00am.

(11) Knowingly hire anyone to work in a pawnshop who has been convicted of, found guilty of, or pled guilty or nolo contendre to, or has been incarcerated for a felony or for a crime that involves theft, larceny, dealing in stolen property, receiving stolen property, burglary, embezzlement, obtaining property by false pretenses, possession of altered property, or any other fraudulent or dishonest dealing within the last 10 years.

(12) Knowingly hire anyone to work in a pawnshop who is under the age of 18 years.

(13) Knowingly accept or receive misappropriated property from a conveying customer in a pawn or purchase transaction.

(14) Engage in the pawn or purchase of explosives, fireworks, drug paraphernalia, or weapons as defined above.

7.09.120 Right to Redeem, Lost Pawnbroker's Transaction Form

(a) Only a pledgor or a pledgor's authorized representative is entitled to redeem the pledged goods described in the pawnbroker transaction form. If the pawnbroker determines that the person is not the original pledgor and is not otherwise authorized, the pawnbroker is not required to allow the redemption. The person redeeming must sign the pledgor's copy of the pawnbroker transaction form, which the pawnbroker may retain as evidence of the person's receipt of the pledged goods. A pledgor's representative must present written authorization from the original pledgor and the pawnbroker shall record the person's name and address on the pawnbroker transaction form. It is the responsibility of the pawnbroker to verify that the person redeeming pledged goods is authorized to do so.

(b) If a pledgor's copy of the form is lost, destroyed or stolen, the pledgor must notify the pawnbroker in a written statement. The pawnbroker must record on this written statement the date and the number of the pawnbroker transaction form lost, stolen or destroyed. A photocopy of the person's picture identification must be attached and the statement must be signed by the pawnbroker or employee who accepts the statement from the pledgor. A fee of no more than $2.00 may be charged for each lost, stolen or destroyed pawnbroker transaction form.

(c) If pledged goods are lost or damaged while in possession of the pawnbroker, the pawnbroker must fully compensate pledgor or replace the lost or damaged goods with that of equal value. Such replacement is a defense to any civil action based upon loss or damage of the pledged goods.

7.09.130 Hold Orders, Issuance, Required Information, Procedures

(a) When an appropriate law enforcement official has probable cause to believe that property in the possession of a pawnbroker is misappropriated, the official may place a written hold order on the property. The hold order shall impose a holding period for not more than 90 days. The appropriate law enforcement official may rescind any hold order.

(b) Upon expiration of the holding period, if the appropriate law enforcement official has not notified the pawnbroker of any extension, title to the property shall vest in the pawnbroker unless the property is still the subject of restrictions contained in a valid pawn transaction contract.

(1) The name and address of the pawnbroker

(2) The name, title, and identification number of the appropriate law enforcement official placing the hold order

(3) Name and address of official's department and any case number assigned

(4) A complete description of the property to be held, including model number and serial number if applicable.

(5) Name of the person reporting the property to be misappropriated, unless otherwise prohibited by law.

(6) Mailing address of the pawnshop.

(7) Expiration date of the holding period.

(d) The pawnbroker or representative must sign and date a copy of the hold order as evidence of receipt of the holder and the beginning of the holding period.

(e) A pawnbroker may not release or dispose of property subject to a hold order except pursuant to an order from a court having jurisdiction over the matter in question. The release of property to the custody of the appropriate law enforcement official is not considered a waiver or release of the pawnbroker's property rights or interest in the property.

7.09.140 Miscellaneous Provisions

(a) No individual or entity shall be issued more than two licenses per DBA

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

(c) The Compliance Department will propose and the Saint Regis Mohawk Tribal Council may adopt regulations and forms necessary to implement the provisions of this chapter.

(d) This Tribal ordinance may be amended by a Tribal Council Resolution to allow for any changes or updates should it be deemed necessary.