Resolution No. 1994-26 — Definitions

WHEREAS, the St. Regis Mohawk Tribal Council, acting through a majority of its Chiefs, is the duly constituted governing body of the St. Regis Mohawk Tribe, a federally recognized Indian Tribe;

WHEREAS, the St. Regis Mohawk Tribe by and through its Tribal Council, the duly constituted governing body of the St. Regis Mohawk Tribe acting through a majority of its Chiefs, has enacted a liquor ordinance to regulate the sale, transportation, and consumption of alcoholic beverages which is known and cited as the "St. Regis Mohawk Tribal Alcoholic Beverages Control Act" pursuant to the inherent sovereignty of the St. Regis Mohawk Tribe and submitted such ordinance to the Secretary of Interior for approval and publication in the Federal Register;

WHEREAS, the St. Regis Mohawk Tribal Council, the duly constituted governing body of the St. Regis Mohawk Tribe, acting through a majority of its Chiefs has determined that the "St. Regis Mohawk Tribal Alcoholic Beverages Control Act" should be amended in the manner set forth herein;

NOW, THEREFORE, BE IT RESOLVED, that Sections 3, 4(a), (b) and 10 of the St. Regis Mohawk Tribal Alcohol Beverages Control Act should be and are hereby repealed

NOW, THEREFORE, BE IT FURTHER RESOLVED, that Section 3 of the St. Regis Mohawk Tribal Alcohol Control Act should be, and is hereby amended to read as follows:

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

NOW, THEREFORE, BE IT FURTHER RESOLVED, that Section 4(a) of the St. Regis Mohawk Tribal Alcohol Control Act should be, and is hereby amended to read as follows:

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

NOW, THEREFORE, BE IT RESOLVED, that a new Section 1.6 should be and is hereby enacted, to with:

1.6 Enterprise of the Tribe shall mean the St. Regis Mohawk Tribe, a member of the St. Regis Mohawk Tribe or his or her spouse, or a business entity or association owned and controlled by any of the foregoing, that is licensed by the Tribal Council and pays the appropriate fee set by Tribal Council by Resolution at not less than Two Hundred ($200.00) Dollars and no more than Five Thousand ($5,000.00) Dollars annually.

NOW, THEREFORE, BE IT FURTHER RESOLVED, that Sections 1.6 "Liquor" through 1.12 "Tribal Council" should be and are hereby renumbered as "1.7 "Liquor" through 1.13 "Tribal Council" to reflect the addition of the new Section 1.6."

NOW, THEREFORE, BE IT FURTHER RESOLVED, that Section 10 of the St. Regis Mohawk Tribal Alcohol Control Act should be, and is hereby amended to read as follows:

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

CERTIFICATION

This is to certify that the foregoing Resolution was passed by the St. Regis Mohawk Tribal Council pursuant to the authority vested therein.