Resolution No. 2006-19 — Amendment to Tobacco Ordinance Section (6) - Sub-Section (7)

WHEREAS, the Saint Regis Mohawk Tribal Council is the duly recognized governing body of the Saint Regis Mohawk Tribe and is responsible for promoting the health, safety, education and general welfare of all community members; and,

WHEREAS, in 2000 the Tribal Council adopted TCR#2000-30 regarding minimum pricing for tobacco products; and,

WHEREAS, the Tribal Council adopted TCR#2006-08 to amend TCR#2000-30 with language stating, "that market value may change over time due to rising production costs, cost of raw materials, and changes to regulatory fees"; and,

WHEREAS, later the Compliance Department proposed an additional amendment and TCR#2006-12 was adopted establishing a "retail minimum price of locally manufactured tobacco products". This new language invalidated Section (6) Sub-Section (7) "the promotions and sales of tobacco product".

WHEREAS, amended language to Section (6) Sub-Section (7) is required to eliminate the sales of untaxed product marked "U.S. Tax Exempt For Use Outside U.S." at local retail stores.

WHEREAS, proposed amendment language for Section (6) Sub-Section (7) reads as follows:

"Retail sales of any brand of cigarettes that are originally intended for markets outside of the United States are strictly prohibited."

THEREFORE BE IT RESOLVED THAT, the Saint Regis Mohawk Tribal Council hereby adopts the above amended language to Section (6) Sub-Section (7) effective immediately.

THE SAINT REGIS MOHAWK TRIBAL COUNCIL

CERTIFICATION: This is to certify that the St. Regis Mohawk Tribal Council pursuant to the authority vested therein duly passed the above resolution.