Nez Perce Tribal Code

§ 6-1-1 Definitions

(a) "NPTEC" means the Nez Perce Tribal Executive Committee.

(b) "Enrollment Committee" means that Committee or Sub-committee of NPTEC assigned responsibility for overseeing Nez Perce Tribal membership procedures.

§ 6-1-2 Enrollment Application Procedures

(a) Applications for enrollment of children who are at least one fourth (1/4) degree Nez Perce Indian ancestry born to a member of the Nez Perce Tribe, filed with the Enrollment Committee within eighteen (18) years after birth shall include all information required on attachments (A), (B), (C) and (D).

(b) Applications for enrollment through adoption of persons who are at least one-fourth (1/4) degree Nez Perce Indian ancestry, filed with the Enrollment Committee, shall include all information as required on attachments (A), (B), (C) and (D).

(c) No person shall be eligible for membership by adoption into the Nez Perce Tribe who:

(1) previously relinquished membership in the Nez Perce Tribe. Persons who were minors at time of relinquishment of their membership by their parents may be granted special consideration;

(2) is enrolled or an enrolled member of another tribe or band;

(3) applies for adoption for the sole purpose of obtaining financial benefits from the tribe;

(4) whose biological mother or father was not an enrolled member of the Nez Perce Tribe.

(d) Any person who has heretofore been a member of the Nez Perce Tribe and who relinquished his membership and is enrolled in another tribe under conditions that do not permit him to share in any benefits or any judgment claims recovered by that tribe shall be entitled to re-enroll in the Nez Perce Tribe without regard to the limitations contained in (c) of this section. The application shall contain written documentation, submitted under oath, that the conditions are in fact true.

(e) Any person re-enrolled under (d) of this section shall be re-enrolled subsequent to the effective date of this chapter and shall not be entitled to any benefits distributed to members of the Nez Perce Tribe prior to that date.

(f) Applications may be submitted by the person requesting enrollment, his parents, guardian or next of kin.

(g) Enrollment into membership in the Nez Perce Tribe shall not be a matter of right but a matter of privilege and the determination of NPTEC of an applicant's qualifications for enrollment pursuant to this chapter shall be final.

§ 6-1-3 Application Processing

(a) The Enrollment Committee shall meet at regular intervals as designated by NPTEC to consider all applications for enrollment into membership of the Nez Perce Tribe. If at any time the Enrollment Committee feels that additional information is required, the applicant will be requested to provide such information and/or appear before the Enrollment Committee for a personal informal interview.

(b) After its consideration the Enrollment Committee shall prepare and submit a written recommendation to NPTEC recommending either accepting the applicant for enrollment or rejection of the application. The recommendation shall state when the application will be considered by NPTEC and describe the rights of the applicant and other interested tribal members to object to the recommendation of the Enrollment Committee. One copy shall be forwarded to the applicant by certified mail and copies shall be posted on the bulletin boards in front of the Tribal Office, the tribal community buildings in Lapwai and Kamiah, the Northern Idaho Agency and the North Idaho Indian Health Service Unit for a period of sixty (60) days.

(c) If no protest has been filed to the Enrollment Committees recommendation and NPTEC agrees with the recommendation, it shall at the designated meeting or at its next regularly scheduled meeting following the expiration of sixty (60) days from the date of posting, order the enrollment of the applicant.

(d) If the Enrollment Committee recommends the enrollment of a person, any member of the Nez Perce Tribe may, within forty five (45) days from the date of posting, file an official protest with NPTEC stating the reasons for believing that the applicant is not entitled to enrollment.

(e) If the Enrollment Committee recommends against enrollment of a person, the applicant may, within forty five (45) days of receipt of the notice, file a protest with NPTEC.

(f) If NPTEC, by a majority vote, rejects the recommendation of the Enrollment Committee or a protest has been filed, NPTEC shall schedule the case for a hearing as follows:

(1) provide the applicant and/or any other interested parties not less than twenty (20) days advance notice of the time, date and location of the scheduled hearing;

(2) allow all parties to the hearing a full opportunity to present any and all relevant evidence to the case;

(3) upon completion of the hearing NPTEC shall render its decision on the enrollment application and promptly notify all parties concerned with the case;

(4) the decision of NPTEC shall be considered final.

§ 6-1-4 Determination of Blood Quantum or Degree

(a) Anytime a child or a person who applies for enrollment with the Nez Perce Tribe but was born out of wedlock, specifically meaning that the alleged father and mother were not legally married under the laws of a state or tribe, the applicant's eligibility for enrollment shall be determined only by the blood quantum or degree of Nez Perce blood of the applicant's mother. Provided however:

(1) that if the parents of such person applying for enrollment were domiciled outside the State of Idaho and were living in such a relationship that a valid common-law marriage would have formed in Idaho but for their domicile, then such common-law marriage shall be deemed to have existed for enrollment purposes and the blood quantum or degree of Nez Perce blood of the applicant's father shall also be used in determining the eligibility of the applicant;

(2) that if proceedings for filiation under the paternity or bastardy laws of the State of Idaho, another state, or other tribal laws of proper jurisdiction have adjudicated the putative father to be the natural father, then the blood quantum or degree of Nez Perce blood of the applicant's father shall also be used in determining the eligibility of the applicant;

(3) that if a child is born out of wedlock and the putative father submits to the Enrollment Committee a sworn written statement, duly acknowledged under oath, acknowledging such child as his own child, then the blood quantum or degree of Nez Perce blood of the applicant's father shall also be used in determining the eligibility of the applicant;

(4) that if the parents of an applicant for enrollment were not married either at the child's conception or at its birth, then a subsequent intermarriage of the parents will legitimize the child;

(5) that any child of a marriage which was valid or apparently valid in its inception which is subsequently found by a court of competent jurisdiction to be void or voidable shall be deemed legitimate;

(6) that any child conceived at a time when the natural mother was married in any of the ways herein above specified shall be presumed to be the natural child of the mother's spouse, which presumption may be rebutted by a preponderance of evidence to the contrary.

§ 6-1-5 Termination of Enrollment

(a) If at any time the Enrollment Committee has reason to believe that a person was enrolled into membership in the Nez Perce Tribe upon false, fraudulent or erroneous evidence, and without meeting the eligibility requirements for enrollment, it shall file a written "Request for Determination of Eligibility" with NPTEC. The request shall:

(1) include the full name and address of the tribal member in question;

(2) state the reasons why the enrolled members eligibility for membership in the Nez Perce Tribe is questioned;

(3) contain any other details deemed pertinent to the case; and

(4) call for a public hearing to determine whether or not the enrolled member's membership in the Nez Perce Tribe should be voided.

(b) Upon receipt of the "Request for Determination of Eligibility" NPTEC shall, at least thirty (30) days prior to such hearing, serve written notice entitled "Notice of Proceedings" upon the enrolled member whose eligibility for membership in the Nez Perce Tribe is questioned, or in the event the enrolled member is a minor, the notice shall be served upon his parents, guardian or next of kin. The Notice of Proceedings shall:

(1) include a copy of the Enrollment Committees "Request for Determination of Eligibility";

(2) fix the time, date and location of the hearing;

(3) advise the member in question that, although not required to do so, he may examine the evidence or witnesses offered in support of the "Request for Determination of Eligibility" or offer evidence and/or witnesses in his behalf as to any matter alleged in the complaint; and

(4) be sent to all persons entitled thereto by certified mail, return receipt requested with postage thereon fully prepaid, addressed to such persons at their last known address. Evidence concerning the service of the notice shall be kept by NPTEC and become a part of the record of proceedings.

(c) At the appointed time, date and location as contained in the "Notice of Proceedings" NPTEC shall:

(1) provided a quorum is present, conduct the public hearing as called for. However, in the interest of justice, the hearing may be continued to a later date at the request of the member in question;

(2) allow the enrolled member in question to appear and testify, submit oral and documentary evidence, as well as present witnesses in his behalf to support his enrollment in the Nez Perce Tribe;

(3) consider all evidence pertaining to matters contained in the "Request for Determination of Eligibility" and determine the relevancy, weight and sufficiency of such evidence;

(4) determine whether or not the enrolled member whose membership in the Nez Perce Tribe is questioned, meets all of the qualifications for enrollment into membership in the Nez Perce Tribe; and

(5) Prepare written findings of fact with regard to the issues determined.

(d) At the conclusion of the hearing NPTEC shall:

(1) if it finds from the evidence and testimony submitted that the enrollment was valid, issue a written order signed by the chairman and secretary setting forth its determination that the enrolled member whose eligibility for membership into the Nez Perce Tribe was questioned, was properly enrolled into membership;

(2) if it finds from the preponderance of the evidence submitted, that the enrollee was enrolled into membership in the Nez Perce Tribe upon false, fraudulent or erroneous evidence, and did not meet the requirements for enrollment, it shall issue a written order signed by the chairman and secretary declaring the enrolled member's membership in the Nez Perce Tribe null and void and of no effect;

(3) promptly after making its written findings and order, cause a written copy thereof to be served upon the enrolled member whose eligibility for membership in the Nez Perce Tribe was determined;

(e) The decision of NPTEC on a Request for Determination of Eligibility shall be considered final.

§ 6-1-6 Voluntary Relinquishment of Enrollment

Enrolled tribal members who apply for relinquishment shall receive by certified mail notification of the following:

(a) that such application for relinquishment does not entitle them to re-enrollment with the Nez Perce Tribe. Persons who were minors at the time of relinquishment may be granted special consideration;

(b) the applicant must surrender all tribal membership card(s) issued to such person;

(c) the applicant, upon acceptance of relinquishment, is no longer entitled to exercise any of the treaty rights in hunting, fishing, gathering or use of usual and accustomed places as reserved under the treaties between the U.S. Government and the Nez Perce Tribe. Notification of relinquishment shall be sent to the Nez Perce Tribal Police and tribal conservation officers; and

(d) the applicant must certify that they owe no debts to the Nez Perce Tribe or any of its programs, enterprises, or authorities. If such debt does exist, the applicant must provide a secured repayment plan prior to acceptance for relinquishment.

§ 6-1-7 Enrollment Records

(a) The proper administration of the official enrollment records of the Nez Perce Tribe shall be maintained by the Bureau of Indian Affairs as directed by the official actions of NPTEC.

(b) Anytime a correction to the records is deemed necessary due to an error of omission, misprint or other similar action not necessarily the fault of the enrollee the correction shall be ordered by the Enrollment Committee.

(c) Anytime a change to the records is deemed necessary due to a change in an enrollee's status the enrollee shall provide the Enrollment Committee with:

(1) a copy of the official document that effected the name change. (Marriage license, corrected birth certificate, court order, etc.);

(2) a copy of the official document that shows the correct birth date. (Birth certificate, baptismal record, etc.);

(3) a notarized copy of the official family tree record on file with the Bureau of Indian Affairs and any other document that will support the request;

(4) appropriate documentation that will support the request.

(d) Upon receipt of any change requests under (c) of this section the Enrollment Committee shall promptly review the request and submit its recommendation to NPTEC for official action.

§ 6-1-8 Resolutions

All official actions of NPTEC relating to enrollment shall be by resolution.

§ 6-1-9 Enrollment Cards; Certification of Indian Blood

(a) Any person who is an enrolled member of the Nez Perce Tribe may obtain an enrollment car certifying that such individual is a member of the tribe and is entitled to all the privileges guaranteed under the Nez Perce Treaty of 1855.

(b) All applications and other forms to be used in issuing an enrollment card shall be obtained at the Nez Perce Tribal Office in Lapwai. Any person wishing to obtain a tribal enrollment card may apply in person at the Tribal Office or, if feasible, by mail. The completed application form shall include the applicant's full name, address, date of birth, sex, height, weight, eye color, hair color and enrollment number. If the application is conducted by mail, the applicant shall submit the following to the Enrollment Card staff at the Tribal Office:

(1) a completed application;

(2) a 1&1/4 inch by 1&1/4 inch picture taken at the nearest BIA office; and

(3) a completed picture certification form obtained from the Nez Perce Tribal Office which contains:

(A) the applicant's current name and address; and

(B) a signature of an authorized staff person of the BIA office where the applicant's picture was taken certifying that:

(i) the applicant presented him with two pieces of reliable identification which include a picture and current name and address as proof of identity at the time the form was signed; and

(ii) to the best of his knowledge, the picture accurately represents the individual whose name and address is on the picture certification form; and

(iii) after development, he witnessed the placement of the picture taken at the BIA office into an envelope with the other application materials and the sealing of the envelope; and

(iv) the envelope was left with the BIA office to be mailed to the tribe.

(c) Once an application has been received by the Tribal Office, NPTEC staff shall check to see that all of the application materials have been submitted and if so, confirm that the applicant is actually an enrolled member by looking up the applicant's name on the enrollment lists. Applicants shall not receive an enrollment card until they have submitted all of the application materials and their enrollment has been verified.

(d) Once all application materials have been received and enrollment has been verified, NPTEC staff shall unless one has already been collected and produce an enrollment card for the applicant using the information provided in the application and the applicant's picture. The card shall be hand delivered to the applicant or mailed using the address provided by the applicant.

(e) If an applicant for a Nez Perce Tribe enrollment card does not live in the vicinity of the Nez Perce Tribal Office, a local BIA office is unavailable or the local BIA office for what ever reason is unable or unwilling to assist the applicant in certifying his picture, the applicant may obtain a written Certification of Indian Blood (C.I.B.) from the Nez Perce Tribal Office until such time as it is feasible to obtain picture certification. The C.I.B. form shall provide the name and address of the tribal member, that the individual is a member of the Nez Perce Tribe and the individual's amount of Nez Perce Tribe blood quantum.

(f) A C.I.B. shall be obtained by submitting a written request to the Nez Perce Tribal Office which shall include the reason a C.I.B is requested and the requester's current name and address. Once a request for a C.I.B. is received at the Tribal Office, the requester's enrollment status shall be verified. Upon verification, if the requester is an enrolled tribal member than he shall be sent a C.I.B. using the address provided.

(revisions adopted by NPTEC 6/12-13/01 and approved by NIGC 6/27/01)

GAMING COMMISSION

§ 6-2-1 Definitions

For purposes of this chapter:

(a) "Act" means the federal Indian Gaming Regulatory Act, Pub. L. 100-497, 25 U.S.C. §§ 2701 et seq. and 18 U.S.C. §§ 1166-68.

(b) "Bingo" means a game, whether or not electronic, computer, or other technological aids are used in connection therewith

(1) which is played for prizes, including monetary prizes with cards bearing numbers or other designations;

(2) in which the holder of the card covers such numbers or designations when objects, similarly numbered or designated, are drawn or electronically determined; and

(3) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards, including (if played in same location) pull-tabs, lotto, punch cards, tip jars, instant bingo, and other games similar to bingo.

(c) "Class III gaming" means that type of gaming defined in Section 4(8) of the Act, 25 U.S.C. § 2703(8).

(d) "Commission" or "Gaming Commission" means the Nez Perce Tribal Gaming Commission, the single tribal agency primarily responsible for regulatory oversight of Class III gaming as authorized under the Nez Perce 1995 Class III Gaming Compact.

(e) "Fishing Derby" means a fishing contest, with or without the payment or given of any entry fee or other consideration by some or all of the contestants wherein prizes are awarded for the species, size, weight or quality of fish caught in a bona fide fishing or recreational event.

(f) "Fund raising event" means a fund raising event sponsored by a bona fide religious, charitable or nonprofit organization at which gaming activities will be conducted under the authority and regulation of the Nez Perce Tribal Gaming Commission. Gaming as authorized under this section may be allowed provided that sixty percent of the net income from such events shall be devoted solely to lawful purpose of the Nez Perce Tribe and provided that the tribal or BIA law enforcement agency shall be notified as to the time and place where such activity shall be conducted.

(g) "Gaming" means those activities defined in §6-2-7, §6-2-8 and § 6-2-9.

(h) "Gaming area" means the area where Class II or Class III gaming occurs. This does not include cage, soft count, showroom, food and beverage, parking lots, delivery areas, hotels, warehouses, money areas or gift shops.

(i) "Gaming code" means the laws, rules and regulations adopted by the Tribe as amended from time to time governing gaming activities at Tribal gaming facilities, and any other gaming operations conducted within the boundaries of the Nez Perce Reservation.

(j) "Gaming employee" means any natural person employed in the operation or management of the gaming operation, whether employed by the Tribe or by any enterprise providing onsite services to the Tribe within the gaming facility, excluding persons providing maintenance, janitorial or other such ancillary non-gaming services such as food service employees. For purposes of this chapter, "gaming employee" shall include any employee whose duties include the handling of cash generated from Class II or Class III gaming activities.

(k) "Gaming facility" or "gaming facilities" means all buildings, improvements and facilities used or maintained in connection with the conduct of gaming whether or not authorized by the Nez Perce Tribe.

(l) "Gaming operation" means any gaming enterprise whether or not authorized by the Tribe on Indian lands for the conduct of gaming.

(m) "Governor" means the Governor of the State of Idaho.

(n) "Indian lands" means Indian lands as defined in the Act, as well as lands within the State which meet the requirements of 25 U.S.C. § 2719.

(o) "Key employee" means a person who performs one or more of the following functions:

(1) bingo caller; or

(2) counting room supervisor; or

(3) chief of security; or

(4) custodian of gaming supplies or cash; or

(5) floor manager; or

(6) pit boss; or

(7) dealer; or

(8) croupier; or

(9) approver of credit; or

(10) custodian of gambling devices including persons with access to cash and the accounting records within such devices; or

(11) any other person whose total cash compensation is in excess of $50,000.00 per year; or

(12) the four most highly compensated persons in the gaming operation.

(p) "License" and variations of that word such as licenses and licensed, unless otherwise defined herein and as indicated by the context, means either:

(1) the authority granted by the Nez Perce Tribe to engage in gaming under this Act as evidenced by a formal document executed by tribal officials, or

(2) the formal document evidencing authority granted by the Nez Perce Tribe to engage in gaming under this Act.

(q) "Licensee" means a person, organization or entity authorized by the Nez Perce Tribe pursuant to this Act to operate a gaming activity on the Nez Perce Reservation.

(r) "Management Contract" means a contract for the development and management of a Class III gaming operation, as provided in Article 9 of the Nez Perce 1995 Class III Gaming Compact with the State of Idaho, and approved pursuant to the Act.

(s) "Management Contractor" means any person, corporation or entity that enters into a development and management contract with the Tribe pursuant to Article 9 of the Nez Perce 1995 Class III Gaming Compact.

(t) "Net revenue" means gross gaming receipts of a gaming operation minus amounts paid out as, or paid for, prizes; and total gaming-related operating expenses, excluding management fees.

(u) "NIGC" means the National Indian Gaming Commission.

(v) "NPTEC" means the Nez Perce Tribal Executive Committee, which is the governing body of the Nez Perce Tribe.

(w) "Operator" means any person, organization or entity that operates any gaming activity that is subject to regulation under this Ordinance, on the Nez Perce Reservation.

(x) "Pari-mutual betting" means a system of wagering on a live race whereby the winners divide the total amount wagered, in proportion to the amount individually wagered after deducting commissions, fees and taxes. For purposes of this Ordinance wagering on live races is authorized if it occurs either at a racetrack or on Indian lands by means of a simulcast of a live race and is approved by the Commission.

(y) "Player" means a natural person who engages, on equal terms with the other participants, and solely as a contestant or better, in any form of gaming in which no person may receive or become entitled to receive any profit therefrom other then personal gambling winnings, and without otherwise rendering any material assistance to the establishment, conduct or operation of a particular gaming activity.

(z) "Primary management official" means:

(1) the person having management responsibility for a management contract; or

(2) any person who has authority to hire and fire employees or to set up working policy for the gaming operation; or

(3) the chief financial officer; or

(4) other person who has financial management responsibility.

(aa) "Regulations" means the gaming regulations promulgated by the Nez Perce Tribe pursuant to this chapter.

(ab) "Simulcast" means a simultaneous telecast of a live race, including horses, dogs, mules and any other race contest of a species legal in this jurisdiction.

(ac) "State" means the State of Idaho, its authorized officials, agents and representatives.

(ad) "State gaming agency" means the Idaho State Lottery or any other agency designated by the State of Idaho to coordinate Class III gaming.

(ae) "State Lottery" means:

(1) Any type of game that the State hereafter conducts as a lottery game.

(af) "Thing of value" means any money or property, any token, object or article exchangeable for money or property, or any form of credit or promise, directly or indirectly, contemplating transfer of money or property or any interest therein.

(ag) "Track" means an in-state or out-of-state facility licensed to operate horse or other racing where pari-mutuel wagering on races is conducted.

(ah) "Tribal law enforcement agency" means the police force of the Tribe, established and maintained by the Tribe, pursuant to the Tribe's powers of self-government, to carry out law enforcement on Indian lands, including the law enforcement program maintained by the Bureau of Indian Affairs on the Nez Perce Reservation.

(ai) "Tribe" means the Nez Perce Tribe its authorized officials, agents and representatives..

§ 6-2-2 Purpose

This ordinance is enacted to:

(a) Regulate all forms of permissible and authorized gaming within the jurisdiction of the Nez Perce Tribe.

(b) Safeguard all persons from unscrupulous and illegal operations of any type of gaming.

(c) Protect all persons from any infiltration of organized crime into any gaming operation within the jurisdiction.

(d) Provide for tribal audit system on all gaming operations.

(e) Provide that the Tribe will have primary regulatory authority over all forms of gaming on the Nez Perce Reservation subject only to applicable federal law.

(f) Provide for system of investigations of all persons associated with gaming.

(g) Provide a system of licensing for any gaming activities subject to the provisions of this Act that occur within the Nez Perce Reservation.

(h) To provide revenues for the operation of the tribal government.

(i) To allow the tribal government to use the revenues generated for tribal self determination, to generate value on the reservation, to provide additional tribal services, employment for tribal members and for general economic development and individual self-sufficiency of tribal members.

(j) To harmonize with and adhere as much as possible to the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat. 2467-88. 25 U.S.C. §§ 2701 et seq. as enacted by the US Congress on October 17, 1988.

(k) To cooperate and agree on a sovereign to sovereign basis with the State of Idaho and any other concerned or affected states to enter into compacts or other agreements for gaming operation, regulation or coordination.

(l) To establish a commission within the tribal organization to oversee and regulate gaming consistent with this ordinance and within the precepts established by the Nez Perce Tribal Executive Committee.

§ 6-2-3 Ownership of Gaming and Use of Gaming Revenue

(a) The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any gaming operation authorized by this ordinance, unless individually owned gaming is approved and licensed under this ordinance.

(1) In order to be licensed by the Nez Perce Tribe, individual owners, in addition to the requirements of this ordinance, shall also be required to:

(i) Pay to the Nez Perce Tribe not less than 60 percent of the individually owned operation's net revenues, to be used only for the purposes set forth below;

(ii) Pay an assessment to the National Indian Gaming Commission as set forth in 25 CFR § 514.1;

(iii) Comply with eligibility standards of a State license for the same activity, so that if the individual is ineligible to receive a State license to conduct the same activity within that jurisdiction, a tribal license shall be denied.

(b) Net revenues from tribal gaming or from individually owned games shall be used only for one or more of the following purposes:

(1) To fund tribal government operations or programs;

(2) To provide for the general welfare of the tribe and its members;

(3) To promote tribal economic development;

(4) To donate to charitable organizations; or

(5) To help fund operations of local government agencies.

(c) If the Tribe elects to make per capita payments to tribal members, it shall authorize such payments only upon approval of a plan submitted to the Secretary of the Interior under 25 U.S.C. § 2710(b)(3).

(d) The Nez Perce Tribe hereby specifically reserves, through its inherent power, the full right and authority to adopt or impose a uniform and comprehensive system of revenue, taxation and licensing relating to gaming allowed by this ordinance.

§ 6-2-4 Severability

If any clause, provision or section of this ordinance shall be ruled invalid or unenforceable by any court of competent jurisdiction by final order after all appellate jurisdiction is exhausted, such holding shall not invalidate or render unenforceable any other remaining provisions of this ordinance. Until such final order is entered and review exhausted, the questioned provisions shall be absent and enforceable injunction to the contrary, in full force and effect.

§ 6-2-5 Amendment

Except as provided in § 6-2-13(m), all powers of amendment are retained by the Nez Perce Tribal Executive Committee.

§ 6-2-6 Sovereignty

The Nez Perce Tribal Executive Committee acting for the Nez Perce Tribe by this enactment, does expressly retain and does not in any way waive its right of sovereignty as expressed in treaties, laws or in any other manner.

AUTHORIZED GAMBLING ACTIVITIES

§ 6-2-7 Class I Gaming

Class I gaming is defined as social games solely for prize of minimal value or traditional forms of Indian gaming engaged in by individuals as part of, or in connection with, tribal ceremonies or celebrations.

(a) Class I gaming may be engaged in by individuals and organizations without restriction and is not subject to the provisions of this Act.

§ 6-2-8 Class II Gaming

Class II gaming is defined as:

(a) The game of chance commonly known as bingo (whether or not electronic, computer, or other technological aids are used in connection therewith)

(1) which is played for prizes, including monetary prizes, with cards bearing numbers or other designations;

(2) in which the holder of the card covers such numbers or designations with objects, similarly numbered or designated, which are drawn or electronically determined; and

(3) in which the game is won by the first person covering a previously designated arrangement of numbers or designations on such cards, including, (if played in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo; and

(b) Card games that:

(1) are explicitly authorized by the laws of the State of Idaho, or

(2) are not explicitly prohibited by the laws of the State of Idaho and are played at any location in the State, but only if such card games are played in conformity with those laws and regulations (if any) of the State regarding hours or periods of operation of such card games or limitations on wagers or pot sizes in such card games.

(c) The Nez Perce Tribe may engage in Class II gaming as an operator without the necessity of a license under this Act but shall comply with other applicable provisions of this Act.

(d) Until this Act is amended by appropriate action of the Nez Perce Tribal Executive Committee in a manner consistent with the relevant provisions of the National Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701 et seq., the Nez Perce Tribe shall be the only entity or organization authorized to engage in gaming activities on the Nez Perce Reservation for profit to the exclusion of any other entity, organization or person. The Nez Perce Tribe may conduct or license gaming activities on behalf of a bona fide charitable, religious and non-profit organizations subject to regulations promulgated by the Commission on this topic and the National Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701 et seq.

§ 6-2-9 Class III Gaming

(a) Class III gaming means all forms of gaming that are not Class I or Class II gaming.

(b) No person, entity, corporation, organization or government, except the Nez Perce Tribe, shall authorize or conduct any form of Class III gaming within the Nez Perce Reservation unless such gaming is consistent with:

(1) the Indian Gaming Regulatory Act;

(2) a Tribal-State compact for Class III gaming; and

(3) is licensed by the Nez Perce Tribe.

(c) The Nez Perce Tribe shall enact rules and regulations regarding licensing of Class III games which shall be consistent with the provisions of the Indian Gaming Regulatory Act and the laws of the Nez Perce Tribe.

(d) Any person, entity, corporation, organization or government that conducts Class III gaming within the Nez Perce Reservation or that purports to authorize such gaming in violation of the laws or regulations of the Nez Perce Tribe commits a civil infraction.

(e) Any person, entity, corporation, organization or government found to have committed a civil infraction by failing to comply with the laws of the Nez Perce Tribe shall be subject to a civil fine in addition to other legal and equitable remedies available in civil cases.

(f) The Nez Perce Tribal Executive Committee hereby reserves the right to later enact authorization of Class III gaming as defined herein upon proper compliance with the Class III gaming requirements of the National Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701 et seq.

§ 6-2-10 Gaming Prohibited

All gaming activities not authorized by this Act, including, but not limited to, those activities commonly known as bookmaking, betting, card parlors, bunco or confidence games, pyramid clubs or schemes, chain letters and three card monte, are unlawful and prohibited.

§ 6-2-11 Nez Perce Tribal Gaming Commission Established

(a) The Nez Perce Tribal Gaming Commission (the "Commission") shall consist of three individuals appointed by the Nez Perce Tribal Executive Committee.

(b) Each Commissioner shall serve for a term of three (3) years, with the term beginning on January 1 of the year of the appointment and ending on December 31 of the third year; except that for the initial group of Commissioners, one position will be for a term of three (3) years, one position will be for a term of two (2) years and one position will be for a term of one (1) year allowing for a staggered term process thereafter.

(c) Commission members shall serve beyond their term only in the event that NPTEC fails to promptly make appointments for the subsequent year. Upon the appointments for the following year, the prior year's appointments shall expire.

(d) Commission positions vacated prior to the end of the term shall be promptly filled by NPTEC so that a full Commission may serve on a continual basis. However, a temporary vacancy on the Commission shall not mean the Commission will be non-functional, since business can be conducted with a minimum of two members being present.

(e) The Commission shall elect among themselves a President, Vice President and Secretary-Treasurer. Elections shall be conducted each year, within two weeks after NPTEC appointments are made.

§ 6-2-12 Powers and Duties of the Commission and of the Nez Perce Tribal Executive Committee with Regard to the Commission Hours, Compensation and Removal

(a) The Commission shall:

(1) Oversee and regulate the gambling activities authorized by this chapter. Such power includes the power to inspect premises.

(2) Safeguard and regulate by civil fines and other actions as specified in § 6-2-5 of this chapter.

(3) Issue licenses when such are required by this chapter, and in accordance with § 6-2-16 through § 6-2-22 of this chapter.

(4) Deny or revoke such license when the results of a thorough and objective investigation by the NPTGC indicates that such action is appropriate and/or in accordance with § 6-2-23 through § 6-2-25 of this chapter.

(5) Formulate and promulgate rules and regulations which shall govern in detail the issuance of licenses, the amount of the license fee, and the revocation of licenses.

(6) Insure the proper record keeping of gambling proceeds of the Nez Perce Tribe Gaming Enterprise, gaming licenses and anyone whose gambling activities subject him to the provisions of the Bank Secrecy Act, CFR Title 12, Banks and Banking or CFR Title 21, Money and Finance, or any other applicable requirement of the Internal Revenue Service.

(7) Cause a review of the appropriate records of gaming licensees of the Nez Perce Tribe at least annually. Appropriate records are those directly related to determining a licensee's suitability to hold a gaming license.

(8) Cause annual outside audits as required by the Indian Gaming Regulatory Act, of all gaming activities on the Nez Perce Reservation to be conducted and submitted to the National Indian Gaming Commission specifically including all contracts for supplies, services or concessions having a contract amount in excess of $25,000.00 per annum or in any 12 month period.

(9) Insure that facilities where gaming occurs are properly constructed and maintained and that the operation of the game is conducted in a manner which adequately protects the environment and the public health and safety.

(10) Cause to be conducted background investigation and suitability determinations of potential gaming employees as required by the National Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq.

(b) It shall be the responsibility of the NPTEC to set the maximum hours (not to exceed 40 hours per week) and hourly compensation for the Gaming Commission.

(c) Any Gaming Commission member may be removed by NPTEC for cause, including neglect of duty, failure to recuse oneself in cases of conflicts of interest, gross misconduct or failure to attend more than on half of the regular commission meetings, or for any offense listed in § 4-1-93 through § 4-1-111, inclusive of the Nez Perce Tribal Code.

GAMING OPERATIONS

§6-2-13 General Gaming Operations Requirements

(a) Each gaming employee or operator including owners of an operating entity as defined in (o) of this section, prior to beginning work, shall be required to be licensed, at least on a temporary or conditional basis as provided for in this chapter, by the Nez Perce Tribe Gaming Commission and shall be required to apply to the Commission for a determination that he:

(1) has not been convicted of an offense related to gambling, fraud, misrepresentation or deception, drugs or a felony;

(2) has no prior activities, reputation, habits, or associations affecting his present conduct that would pose a threat to the effective regulation and control of gaming, or enhance the dangers of unsuitable, unfair or illegal practices, methods or activities, in the conduct of gaming; and

(3) has no present interest in the conduct of any gaming business.

(b) The determination shall be confidential unless otherwise required for purposes of the tribal Personnel, Policies and Procedures or the requirements of federal law or regulation.

(c) The Gaming Commission is also subject to periodic background investigations, at the discretion of NPTEC, and by the full NPTEC, based on any findings brought to the attention of NPTEC by the Internal Auditor or Background Investigator.

(d) The employee or contractor shall follow the application procedure for licenses described herein, provided that, no notice shall be published, and no public hearing shall be held. No employee may accept any gift or thing of value from a gaming contractor.

(e) In addition to any provisions of the tribal Personnel, Policies and Procedures which may be applicable, any employee or operator shall be required to comply with the provisions of this ordinance, the provisions of his contract with the Tribe, if any, and the provisions of applicable federal law.

(f) Any entity which contracts with a tribal gaming operation, shall be required to submit to a determination as required in (a) of this section. No such contract will be valid until it is approved by the Commission and the Secretary of the Interior as is necessary under federal law.

(g) Tribally operated gaming shall be held in compliance with this ordinance, and any other applicable laws, rules and regulations..

(h) Operators, or employees in charge of tribally operated gaming shall provide required reports, audits and the results of any contract for service or supplies at least quarterly or when required.

(i) Any operator or employee of the tribal gaming operation shall deposit the proceeds of the gaming operation according to applicable federal and tribal law.

(j) Any operator or employee may request the assistance of the Commission in obtaining training or instruction for the benefit of the tribal gaming operation as well as in determining the proper meaning of this ordinance.

(k) The Commission may require that any operator or employee of a tribal gaming operation be bonded in a particular amount. The Gaming Enterprise will pay for the bonds of the Tribe's gaming employees; independent contractors are responsible for the cost of their own bonds.

(l) The Commission may recommend to the Nez Perce Tribal Executive Committee that a particular type of tribal gaming be operated through a management contract. The management contract must be in compliance with applicable federal law. The Commission shall require that the proposed operator comply with the requirements for licenses under this section of the ordinance. A proposed manager need not be a tribal member. Sole tribal approval of all management contracts shall remain with the Nez Perce Tribal Executive Committee.

(m) All tribal gaming operations are subject to monitoring and inspection by the Commission or agents of the Commission.

(n) The Commission shall issue regulations, which will control:

(1) The possession of firearms by operators or employees. No firearms or weapons of any kind shall be allowed on gaming premises with the exception of armed armored car personnel and on-duty law enforcement officers.

(2) The security requirements for the operations.

(3) The posting of rules of play.

(4) The maximum limit, if any, which may be offered as a prize.

(5) Rules for the conduct of the games, should the Commission deem that such rules are necessary for the proper conduct of gaming.

(6) Any other regulations controlling the operation which are deemed necessary in writing by the Commission or the Nez Perce Tribal Executive Committee. NPTEC shall provide written notice to the Commission, in a reasonably timely manner before additional regulations which may be required as the result of amendments or revisions to the Tribe’s gaming compact take effect.

(o) Any person authorized by the Commission, an employee or independent contractor, who has a financial interest other than salary or wages or management responsibility in the conduct of tribal gaming activities must be licensed by the Commission including those persons who may serve on the Board of Directors or other governing body of a corporation, trust, partnership or other entity or who own ten (10%) or more of the stock of a corporation or like interest in profits or capital of any other business entity.

(p) Each affected person covered in (o) above must apply for a license to the Commission giving the name, social security number and address; previous gaming experience; any felonies, violations of any kind whatsoever relating to the gaming, fraud or illegal practices; fingerprints; and any and all other reasonable requirements as may be determined by the Commission.

(q) The Commission may after an initial criminal and credit background check issue a ninety (90) day temporary license.

(r) The Commission shall determine whether or not to issue a full year license within ninety (90) days after application. The Commission may issue a conditional license pending receipt of a response from the National Indian Gaming Commission pursuant to § 6-2-18 of this chapter.

(s) A license shall be valid for not more than one year and shall be renewed following review of a satisfactorily - completed application regarding the applicant’s activities for the past calendar year and a background investigation, if necessary, of the applicant’s activities for the past calendar year. Only when extraordinary circumstances warrant an additional background investigation shall the Commissioner’s investigation inquire into an applicant’s activities earlier than the past calendar year.

(t) The Commission may charge a fee not in excess of $50.00 for each application of renewal.

(u) NPTEC has the sole authority to approve the Commission budget.

(v) Members of the Commission and Nez Perce Tribal Executive Committee members are prohibited from participating in bingo games.

(w) Members of the Commission and its staff are prohibited from participating in any gaming sponsored by the Nez Perce Tribal Gaming Enterprise.

§ 6-2-14 Inspection of Premises

(a) The premises where authorized gambling activities are being held shall be subject to inspection and audit at any reasonable time by persons designated by the Commission, with or without notice as follows:

(1) if the items or records to be inspected or audited are located anywhere upon a premises any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or at which time they are usually open;

(2) or if the items or records to be inspected or audited are not located upon a premises set out in subsection (1) above, then any time between the hours of 8:00 a.m. and 9:00 p.m, Monday through Friday.

(b) The Commission shall be provided at such reasonable intervals as the Commission shall determine with a report, under oath, detailing all receipts and disbursements in connection with such gambling activities together with such other reasonable information as required in order to determine whether such activities comply with this chapter or other applicable laws, rules or regulations.

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

§ 6-2-15 Applications for Key Employee and Primary Management Official Positions

(a) Applications for key employee and primary management official positions with the Nez Perce Tribe's gaming enterprises shall be submitted to the Commission. The Commission shall conduct oral interviews of persons selected as potential candidates for a particular position. Copies of such applications and notes from interviews shall be provided to the Nez Perce Tribe's Investigative Officer.

(b) The following notice shall be placed on the application form for a key employee or a primary management official before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested information is to determine the eligibility of individuals to be employed in a gaming operation. The information will be used by National Indian Gaming Commission members and staff who have need for the information in the performance of their official duties. The information may be disclosed to appropriate Federal, Tribal, State, local or foreign law enforcement and regulatory agencies when relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to a requirement by a tribe or the National Indian Gaming Commission in connection with the hiring or firing of an employee, the issuance or revocation of a gaming license, or investigations of activities while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a tribe's being unable to hire you in a primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a SSN may result in errors in processing your application.

(c) Existing key employees and primary management officials shall be notified in writing that they shall either:

(1) Complete a new application form that contains a Privacy Act notice; or

(2) Sign a statement that contains the Privacy Act notice and consent to the routine uses described in that notice.

(d) The following notice shall be placed on the application form for a key employee or primary management official before that form is filled out by an applicant.

A false statement on any part of your application may be grounds for not hiring you, or for terminating you from employment after you begin work. Also, you may be punished by fine or imprisonment. 18 U.S.C. § 1001.

(e) The Commission shall notify in writing existing key employees and primary management officials that they shall either:

(1) Complete a new application form that contains a notice regarding false statements; or

(2) Sign a statement that contains the notice regarding false statements.

Background Investigations

§ 6-2-16 Applications - Required Information

(a) The Tribe shall require, in its initial investigation of each key employee and from each primary management official all of the following information:

(1) Full name, other names used (oral or written), social security numbers, birth date, place of birth, citizenship, gender, all languages (spoken or written);

(2) Currently and for the previous ten (10) years: Business and employment positions held, ownership interests in those businesses, business and residence addresses, and driver's license numbers;

(3) The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence addresses, and drivers license numbers;

(4) Current business and residence telephone numbers;

(5) A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses;

(6) The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, whether or not such license or permit was granted; within the past ten (10) years;

(7) For each felony for which there is an ongoing prosecution or a conviction, the charge, the name or address of the Court involved, and the date and disposition if any;

(8) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within 10 years of the date of the application, the name and address of the Court involved and the date and disposition;

(9) For each criminal charge (excluding minor traffic charges), whether or not there was a conviction, if such criminal charge is within 10 years of the date of the application and is not otherwise listed pursuant to paragraph (7) or (8) of this section, the criminal charge, the name and address of the Court involved and the date and disposition;

(10) The name and address of any licensing or regulatory agency with which the person has filed an application for an occupational license or permit, whether or not such license or permit was granted;

(11) A current photograph;

(12) Any other information the Tribe deems relevant;

(13) Fingerprints consistent with procedures adopted by the Tribe according to 25 C.F.R. 522.2(h).

(b) The Tribe shall conduct an investigation sufficient to make a determination under § 6-2-19. In conducting a background investigation, the Tribe or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation.

(c) Unless extraordinary circumstances apply, the Tribe shall require, for an annual background investigation of an employee already issued a gaming license, information regarding only the past 12-month period after the issuance of the gaming license.

§ 6-2-17 Investigative Procedures for Background Checks

(a) The Nez Perce Tribe's Investigative Officer shall conduct the initial investigation by:

(1) Verifying written or oral information submitted by the applicant;

(2) Inquiring into the applicant's prior activities, criminal record, if any, and reputation, habits and associations;

(3) Interviewing a sufficient number of knowledgeable people such as former employers, personal references, and others to whom referred; and

(4) Documenting the disposition of all potential problem areas noted and disqualifying information obtained.

(b) The Investigative Officer shall then prepare and submit to the Commission an investigative report detailing:

(1) Steps taken in conducting the background investigation; and

(2) Results obtained;

(c) Fingerprints of all applicants shall also be taken by the Nez Perce Tribal Police. Completed fingerprint cards will be returned to the Commission and placed in the applicant’s background file.

(1) The Commission, shall send to the NIGC at 1441 L Street, N.W., 9th Floor, Washington, D.C., 20005, a list of those persons for whom FBI fingerprint checks are requested accompanied by a $35.00 check to cover the costs involved with such inquiry.

(2) Information obtained from NIGC as a result of the FBI fingerprint check shall be reviewed only by the Commission and the Tribe's Investigative Officer. No further dissemination of this information is authorized; and in fact, the Tribe is subject to the restrictions set forth in an MOU with NIGC forbidding use of such information for any other purpose. See NP 95-102.

§ 6-2-18 Eligibility Determination

The Commission shall meet with the Investigative Officer, make a suitability determination based on all the information gathered from the various sources set forth above, including prior activities, criminal record, reputation, habits and associations, and the information received from NIGC resulting from the FBI fingerprint check; and submit this determination in written form to the National Indian Gaming Commission (NIGC) for review. If the Commission determines that employment of the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, a tribal gaming operation shall not employ that person in a key employee or primary management position. (If the applicant is not hired and issued a license by the Tribe, NIGC shall be notified, but submittal of the determination and report shall be at the discretion of the Commission.) The report to NIGC shall also contain the information documenting investigative steps taken by the Investigative Officer, including those set forth above.

(1) The report to NIGC shall be sent within 60 days after an employee begins work with the Tribe. A response from NIGC shall be requested by the Commission within 30 days of receipt of the Commission's report.

(2) If the Chairman of NIGC requests additional information from the Commission regarding any employee who is a subject of a report, such information, if available shall be forwarded as soon as possible.

(3) When NIGC notifies the Commission that it has no objections to the issuance of a license to a particular applicant, the Commission may proceed with annual licensing of the applicant.

(4) If NIGC provides the Commission with a statement itemizing objections to the issuance of a license to a particular applicant, the Commission must reconsider the application, taking into account the objections itemized by NIGC. The Commission, may then make a final licensing decision as to such applicant.

§ 6-2-19 Procedure for Submission of Applications and Reports for National Indian Gaming Commission Approval

(a) The Commission shall follow the following procedures when forwarding applications and reports for key employees and primary management officials to the National Indian Gaming Commission (NIGC):

(1) When a key employee or primary management official begins work at a gaming operation authorized by this ordinance, the Tribe shall forward to the NIGC a completed application for employment and conduct the background investigation and make the determination referred to in §6-2-18 above.

(2) The Commission shall forward the report referred to in (b) of this section to the NIGC within 60 days after an employee begins work or within 60 days of the approval of this ordinance by the Chairman of the NIGC.

(3) The gaming operation shall not employ as a key employee or a primary management official a person who does not have a license after 90 days.

(b) Pursuant to the procedures set forth in paragraph (a) above, the Commission shall forward to NIGC an investigative report on each background investigation.

(1) An investigative report shall include all of the following:

(i) Steps taken in conducting a background investigation;

(ii) Results obtained;

(iii) Conclusions reached; and

(iv) The basis for those conclusions.

(2) The Commission shall submit, with the report, a copy of the eligibility determination made under § 6-2-18.

(3) If a license is not issued to the applicant by the Tribe, the Commission:

(i) Shall notify NIGC; and

(ii) May forward copies of its eligibility determination and investigative report (if any) to NIGC for inclusion in the Indian Gaming Individuals Records System.

(4) With respect to key employees and primary management officials, the Commission shall retain application for employment and reports (if any) of background investigations for inspection by the Chairman of the NIGC or his or her designee no less than three (3) years from the date of termination of employment.

§ 6-2-20 Issuance of Gaming Licenses

(a) Response from National Indian Gaming Commission (NIGC)

(1) If, within a thirty (30) day period after the NIGC receives a report, the NIGC notifies that Tribe that it has no objection to the issuance of a license by the Commission to the individual for whom the Commission has provided an application and investigative report to the NIGC, the Commission may issue a license to such applicant.

(2) The Commission shall respond to a request for additional information from the Chairman of the NIGC concerning a key employee or a primary management official who is the subject of a report. Such a request shall suspend the 30-day period under the preceding paragraph until the Chairman of NIGC receives the additional information.

(3) If, within the thirty (30) day period described above, the NIGC provides the Tribe with a statement itemizing objections to the issuance of a license to a key employee or to a primary management official for whom the Tribe has provided an application and investigative report to the NIGC, the Tribe shall reconsider the application, taking into account the objections itemized by the NIGC. The Tribe shall make the final decision whether to issue a license to such applicant.

§ 6-2-21 License Locations

The Tribe shall issue a separate license to each place, facility, or location on Indian lands where any gaming is conducted under this ordinance.

§ 6-2-22 License Suspension

(a) If, after the issuance of a gaming license by the Commission, the NIGC receives reliable information indicating that a key employee or a primary management official is not eligible for employment, NIGC shall notify the Tribe.

(b) Upon receipt of such notification, the Commission shall suspend such license and shall notify in writing the licensee of the suspension, proposed revocation, and their right to request a hearing.

(c) No less than fourteen (14) days before the time of the hearing, the Commission shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license.

(d) The Commission shall provide, to the licensee, upon his written request, full disclosure of all information and evidence which has been the basis for the Commission’s decision to suspend such license.

(e) After a revocation hearing, the Commission shall decide to revoke or to reinstate a gaming license. The Commission shall notify NIGC of its decision and shall notify the person in writing of its decision within fourteen (14) business days following the hearing as described in § 6-2-24(a) of this chapter.

(f) If the person does not receive written notice of decision by registered mail, return receipt requested or other carrier as evidenced by a return receipt, as outlined in this chapter within fourteen (14) business days of the hearing, the person may immediately file notice in the Nez Perce Tribal Court for an order requiring the Gaming Commission to issue a temporary license to work pending a rehearing on this matter. The court may also order the Gaming Commission pay all reasonable attorney fees and costs and any lost wages incurred by the person as a result of failure to notify the person of a decision within the allotted time.

§ 6-2-23 Dispute Resolution Process

(a) The Nez Perce Tribal Gaming Commission, as established in § 6-2-11 is authorized to oversee and regulate all gambling activities authorized by this ordinance, including decision-making authority in regard to any disputes that may arise by applicants the gaming public. (Section amended by NPTEC 11/13/01)

(b) Any person having a dispute with the Commission or any Gaming Operator or Management Company licensed by the Tribe may request that the Gaming Manager resolve the dispute. If dissatisfied with the result, the person may request a hearing with the Nez Perce Tribal Gaming Commission. Such a hearing shall be held within thirty (30) business days of receipt of a written request from the grievant. A decision shall be issued at the hearing or within fourteen (14) business days of the hearing.

§ 6-2-24 Appeal from Decisions of the Commission

(a) If the Commission denies a person a license, or if the Commission revokes a license which was previously granted, the Commission shall do so in writing, outlining the reasons for such decision, and deliver such writing to the person by certified mail, return receipt requested. If a person considers himself or herself aggrieved by such a decision, he or she may appeal to the Nez Perce Tribal Court within thirty (30) business days of the date of the mailing was received by the US Postal Service or other carrier as evidenced by a dated receipt for same. The appeal shall be only on the record, and shall not be heard de novo. If the Court finds that the order of the Commission was issued arbitrarily and capriciously, clearly erroneously, or in violation of the Constitution of the Nez Perce Tribe or the constitutional rights of Indians (25 U.S.C. §§ 1301-1303), made upon unlawful procedure or some other clear error of law, the Court shall vacate the same and remand the issuance or re-issuance of a license. Otherwise, the denial shall be upheld.

(b) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal Gaming Commission, he or she may appeal to the Nez Perce Tribal Court within thirty (30) days of the issuance of the written decision from the Nez Perce Tribal Gaming Commission. The appeal shall be only on the record and shall not be heard de novo. If the Court finds that the order of the Nez Perce Tribal Gaming Commission was issued arbitrarily and capriciously, clearly erroneously, or in violation of the Constitution of the Nez Perce Tribe of Indians or the constitutional rights of Indians (25 U.S.C. §§ 1301-1303), made upon unlawful procedure or some other clear error of law, the Court shall vacate the same and remand. Otherwise, the decision of the Nez Perce Tribal Gaming Commission shall be upheld.

(c) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal Court under either (a) or (b) above, he or she may appeal to the Nez Perce Court of Appeals in accordance with chapter 2-9 of the Nez Perce Tribal Code.

§ 6-2-25 Penalties for Violations

(a) Any person who shall violate any provisions of this ordinance or shall conduct gambling operations without a required license, shall commit fraud of deceit, or shall engage in professional gambling, shall be subject to one or more of the following:

(1) A letter of warning;

(2) A letter of reprimand;

(3) A civil fine of up to a maximum of $500.00 per occurrence per day;

(b) The Commission may refer violations under this chapter to the Tribal Prosecutor for possible civil prosecution or exclusion from the Nez Perce Reservation in conformance with the Nez Perce Tribal Code.

§ 6-2-26 Exclusion of Individuals from Gaming Activities

(a) Any operator shall have the authority and discretion to exclude from gaming activities or gaming facilities, any individual who:

(1) Appears to be under the influence of intoxicants;

(2) Appears to be losing an unreasonable amount of money at gaming activities;

(3) Appears to be violating rules or regulations governing gaming activities as established by the Commission or operator;

(4) By virtue of his condition or activities, disturbs the peaceful participation of other individuals in gaming activities or disrupts the orderly conduct of the gaming activity;

(b) An operator may make reasonable inquiries of individuals in the course of determining whether any of the activities defined in paragraph (a) above are occurring;

(c) An operator who excludes any individual pursuant to this section shall not incur any liability, criminal or civil, as a result of doing so.

(d) Any person who is excluded from gaming by an operator pursuant to this section may petition the Commission for an order lifting the exclusion. The Commission shall have full discretion in determining whether to hear any such petition and shall have the authority to enact such rules as may be necessary regarding the procedures for acting upon any such petition. The Commission shall further have discretion to impose such conditions as they deem appropriate in issuing any order lifting an exclusion.

§ 6-3-1 Title

This Ordinance may be cited or referred to as "The Fireworks Regulatory Act."

§ 6-3-2 Purpose

The purpose of this ordinance is to regulate the sale of fireworks upon the Nez Perce Reservation and provide for the safety of persons and property by such regulation.

§ 6-3-3 Jurisdiction

This Ordinance applies to all Indians within the exterior boundaries of the Nez Perce Reservation.

§ 6-3-4 Definitions

(a) "Common Fireworks" is defined as devices designed to produce a visible or audible effect by combustion, deflagration, explosion, or detonation.

(b) "Fireworks outlet" means each individual fireworks stand operated on trust and Indian-owned property within the exterior boundaries of the Nez Perce Reservation.

(c) "Indian-Owned Lands" shall mean Nez Perce Indian-owned property, both tribal and individual.

(d) "License" is a permit issued by the Nez Perce Tribe to each fireworks outlet authorizing the sale of fireworks on trust and Indian-owned property within the exterior boundaries of the Nez Perce Reservation.

(e) "NPTEC" shall mean the Nez Perce Tribal Executive Committee.

(f) "Nez Perce Reservation" shall refer to the reservation created by the Treaty of 1863.

(g) "Person" includes any individual, firm, partnership, joint venture, association, concern, corporation, estate, trust, business, receiver, syndicate, or any groups or combination acting as a unit.

(h) "Operator" is the person responsible for a fireworks business whether the operation is on the wholesale or retail level.

(i) "Quitclaim Deed" is a deed that passes on to the buyer all those rights or as much of a title as a seller actually has. A quitclaim deed does not warrant (promise) that the seller actually has full title pass on.

(j) "Safe and Sane Fireworks" shall mean any nonaerial common fireworks such as ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning material which land outside a twenty (20) foot diameter circle or above a height of twenty (20) feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar products. (NPTEC authorized correction of a clerical error in last sentence 6/25/02).

(k) "Trust Property" shall mean all real property held in trust by the United States f or the Nez Perce Tribe or its individual members.

§ 6-3-5 Wholesale License

No person shall transport or sell on the reservation for the purposes of resale on the reservation or sell on the reservation any fireworks of any nature unless they are a valid holder of a wholesale license. The fee for the wholesale license shall be $500.00. Wholesale license applications must be submitted by the first Friday of June of the year the license is requested.

(a) The wholesale license is valid from the date of issuance and shall expire at the close of the fireworks season, as established heretofore, in the same calendar year, except that the wholesaler can sell fireworks seven (7) days prior to the established fireworks selling period of the retailers..

(b) No sales of fireworks shall be made pursuant to a wholesale license, except to a holder of a valid Nez Perce Tribal Fireworks retail license.

(c) Any person holding a wholesale license shall display the same upon request to any Tribal or BIA Law Enforcement officer and/ or tribal safety officer and shall allow such officers to examine and inspect all merchandise transported for or offered for sale to ascertain conformance with this ordinance.

(d) Any individual making application for a wholesale license who has had a previous license revoked or suspended may be denied a permit absent written, documented and verifiable assurances that he/she can demonstrate legal responsibility and protect the safety of the public.

§ 6-3-6 Firework Retail License

No person shall sell fireworks without applying for a license to sell fireworks at a fireworks outlet on trust property or Indian owned lands within the exterior boundaries of the Nez Perce Reservation. Applicants must be Nez Perce Tribal members and at least 18 years of age. Each fireworks outlet must be separately licensed. A firework license will not be issued for property conveyed through quitclaim deeds.

§ 6-3-7 Right to Deny License

The Nez Perce Tribe reserves the right to deny applications for licenses for any reason.

§ 6-3-8 Right to Close Fireworks Season

The Nez Perce Tribe reserves the right to close the season at any time for safety purposes.

§ 6-3-9 Application

An application shall be accompanied by a permit fee of $200.00 for the first firework outlet, and $100.00 for each additional outlet. Temporary permits for single days or short periods not exceeding five (5) days shall be issued for $50.00 for each application.

§ 6-3-10 Application Form

(a) Full name

(b) Enrollment number

(c) Address

(d) Telephone number

(e) Location of the fireworks outlet including the allotment or unit number.

(f) A list of the types of fireworks to be sold.

(g) Proof of ownership, or a valid lease agreement in accordance with federal law if fireworks outlet is located on property other than that of applicant. Application will require the Superintendent of the BIA-NIA to certify that such agreement has been negotiated and that such agreement meets the requirements of the BIA.

§ 6-3-11 License Suspension or Revocation

Any wholesale or retail license issued shall be subject to revocation and/or suspension by the Nez Perce Tribe for any violation of the ordinance in addition to the civil infractions set forth herein or any criminal penalties that may apply. Wholesalers and Retailers may also be deemed ineligible for a fireworks license in subsequent years.

§ 6-3-12 License Non-Transferable

All fireworks licenses issued to an enrolled member of the Nez Perce Tribe, retail or wholesale, shall be non-transferable between Nez Perce Tribal members and between fireworks outlets. The license cannot be sold, assigned, leased or transferred in any manner whatsoever.

§ 6-3-13 Duration of License

(a) A retail or wholesale license shall permit the sale of fireworks to the general public no sooner than June 9th and no later than July 9th of that calendar year. Furthermore, the licensee shall remove all unsold fireworks from his or her shop or store premises not later than July 9th of the calendar year.

(b) A retail or wholesale license shall permit the sale of fireworks to the general public for a New Year’s Eve fireworks season from December 24^th, of that calendar year, to January 2^nd of the following year.

§ 6-3-14 Operator

The specific Tribal member so authorized and licensed as provided for above, must be the owner, operator, and beneficiary of said business. The operator shall be held jointly responsible for the payment of any fines resulting from violations of this ordinance by any of his employees.

§ 6-3-15 Employees of Licensee

All fireworks operators shall use good faith efforts to hire tribal members and other Indians. Any person under the age of 18 years employed for the sale of fireworks pursuant to the fireworks license shall be supervised by an adult.

§ 6-3-16 Sale to Minors

It shall be unlawful to sell fireworks to anyone under the age of eighteen (18) unless such fireworks are of a nature that has been designated as "safe and sane" fireworks as defined herein. "Safe and sane" fireworks may be sold regardless of age.

§ 6-3-17 Intoxication

It shall be unlawful to sell fireworks to any intoxicated person, or for any licensee or employee to sell, discharge or distribute fireworks while under the influence of alcohol or drugs while engaged in the distribution or sale of fireworks.

§ 6-3-18 Permitted Fireworks - Conformity with Federal Law

An operator shall conform in all respects, to the laws of the United States, pertaining to the sale of fireworks. The operator shall not stock or sell any fireworks which are in violation of the Hazardous Substance Act of the United States Code, 15 US Code 1261 et seq. and regulations promulgated thereunder.

§ 6-3-19 Discharge of Fireworks in Selling Area

It shall be unlawful for an operator to discharge or to allow his employee or customers to discharge fireworks within one hundred (100) feet of a fireworks outlet.

§ 6-3-20 Fire Safety

(a) All operators shall have at least two (2) ten (10) pound ABC Type approved (inspected within one year) fire extinguishers in the selling area.

(b) all operators shall construct and maintain a fireline around the perimeter of the fireworks outlet.

§ 6-3-21 Notice

Each license holder shall display at a prominent place in each fireworks outlet a notice listing those acts declared unlawful by this Ordinance.

§ 6-3-22 Repeal

This ordinance repeals prior ordinances concerning fireworks.

§ 6-3-23 Non-Liability

The issuing of fireworks permits by the Tribe shall not be construed as a waiver of sovereign immunity or as the assumption of any liability on the part of the Tribe.

§ 6-3-24 Severability

In the event that any provision of this act shall be found or declared invalid, the remaining provision of this act shall be unaffected thereby and shall remain in full force and effect.

§ 6-3-25 Requirements for Retail Operators

All retail operators must:

(a) Remove of all structures within five (5) days of the end of the fireworks season.

(b) Remove and clean up of debris and waste within 150 feet of retail site within five (5) days of the fireworks season.

(c) Provide a designated area for fireworks displays at least 100 feet away from the fireworks outlet or retail structure or existing buildings.

(d) Utilize not more than four (4) signs not to exceed 32 square feet to advertise their business, so long as such signs do not violate applicable billboard or zoning ordinances, do not create a safety hazard, as determined by the Safety Officer; and that the operator obtain permission of the owner on where property the sign is located.

(e) The licensee shall be held responsible in the event of fire, personal or physical injury as a result of negligent acts of the licensee or their employees.

§ 6-3-26 Violations/Sanctions

(a) Any violation of this Ordinance shall be considered a civil infraction under § 4-3-72 and may subject the offender to a fine.

(b) In addition to any fine ordered under § 4-3-72, Tribal Law Enforcement may close any offending business and seize all illegal fireworks and or proceeds from same.

(c ) This section does not preclude any other civil or criminal remedies which may apply to activities governed by this Ordinance, including immediate police action necessary to protect the health and safety of the community.

(adopted 10/26/99)

§ 6-4-1 Title

This ordinance shall be known and cited as the Nez Perce Tribal Commercial Building Code.

§ 6-4-2 Jurisdiction

The provisions of this ordinance shall apply to all structures wholly or partially used for commercial purposes which are located on land owned by any member of a federally recognized tribe and which are within the Nez Perce Reservation.

§ 6-4-3 Adoption of Code

The following code and its amendments, including subsequent revisions and supplements, hereby adopted by reference and made a part of this ordinance as though fully set forth herein:

(a) Uniform Building Code (U.B.C.), 1991 edition, as compiled and published by the International Conference of Building Officials (I.C.B.O.), including all of the appendices.

§ 6-4-4 Commercial Building Permits When Required

It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, substantially alter or repair, move, improve, remove, convert or demolish any building structure or mobile or pre-manufactured structure or any part or mechanical system thereof; or to cause any of the foregoing to be done; without first obtaining a separate building permit from the Building Official for each such building or structure. The required permit shall be obtained before work is initiated, unless other arrangements are approved in advance by the Building Official.

§ 6-4-5 Fees

All buildings valued at $3,000 or less shall be charged a permit fee of twenty-five ($25) dollars. Buildings valued at $3,000 or more shall be based on those fees as specified in the attached fee schedule.

§ 6-4-6 Issue of Permits

Permits required under the provisions of this ordinance shall be issued by the Nez Perce Tribal Building Official, or his designee, in accordance with applicable provisions of this ordinance, utilizing for the purpose suitable forms to be provided by the Nez Perce Tribe. The Nez Perce Tribal Executive Committee shall employ or contract with a qualified inspector who shall be the Nez Perce Tribal Building Official. Fees shall be paid to the Nez Perce Tribe Finance Department.

§ 6-4-7 Inspection and Enforcement

All of the inspection and enforcement required under this ordinance shall be provided by the Nez Perce Tribe, under authority of the Nez Perce Tribal Executive Committee. Costs of inspections, or of plan reviews shall be paid from permit fees collected by the Tribe

§ 6-4-8 Public Access to Code

One (1) copy of the code adopted by this ordinance, and its supplements and later revisions, shall be provided and made available to the public at the office of the Nez Perce Tribal Executive Committee Office of Legal Counsel, and shall be available for inspection to the public during normal business hours, upon request.

§ 6-4-9 Noncompliance

In the event that any person, firm or corporation shall willfully fail to secure a permit before initiation of construction, as required by § 6-4-4 of this ordinance, such person may be found to have committed a civil infraction and upon such a finding by the Nez Perce Tribal Court may be fined not more than three hundred dollars ($300.00), for each violation, and in addition shall be required to pay all costs and expenses involved in the case. Nothing contained herein shall prevent the Nez Perce Tribe from taking such other action as is necessary to prevent or to remedy any violation before or instead of a civil infraction proceeding, including in particular the collection of Investigation fees as provided in the Uniform Building Code.

§ 6-4-10 Appeals

The Uniform Building Code adopted by § 6-4-3 of this ordinance:

(a) The Appeals section is amended to read: "In order to hear and decide appeals of orders, decisions or determinations made by the Building Inspector relative to the application and interpretation of the code, any affected person may appeal to the Nez Perce Tribal Court, in writing, within fifteen (15) days of the decision by the Building Inspector. The court may appoint an Appeals Committee to review said appeal who shall, in turn, make recommendations to the court. The Appeals Committee shall consist of persons who are qualified by experience to pass upon matters pertaining to building construction. The Housing Director shall be an ex-officio member and shall act as secretary to the Committee. The court shall issue its decision within 60 days of the filing of the appeal. All decisions of the Tribal Court in such matters shall be final and not subject to further appeal."

§ 6-4-11 Severability

If any section, subsection, clause, phrase, or portion of this ordinance shall, for any reason be held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect, invalidate or nullify the remaining portions of this ordinance.

Nez Perce Tribal Commercial Building Code
Total Valuation	Fee
$3,001.00 to $25,000.00	$35.00 for the first $5,000.00 plus $5.00 for each additional $5,000.00 or fraction thereof, to and including $25,000.00
$25,001.00 to $50,000.00	$55.00 for the first $25,000.00 plus $3.50 for each additional $5,000.00 or fraction thereof, to and including $50,000.0
$50,001.00 to $100,000.00	$75.00 for the first $50,000 plus $2.50 for each additional $5,000.00 or fraction thereof, to and including $100,000.00.
$100,001.00 to $500,000.00	$95.00 for the first $100,000.00 plus $2.00 for each additional $5,000.00 or fraction thereof to and including $500,000.00.
$500,001.00 to $1,000,000.00	$500.00 for the first $500,000.00 plus $1.50 for each additional $5,000.00 or fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up	$1,000.00 for the first $1,000,000.00 plus $1.00 for each additional $1,000.00 or fraction thereof.
Other Inspections and Fees: Inspections outside of normal business hours (minimum charge-two hours) $30.00 per hour* Reinspection fees assessed under provisions of Section 305(g) $30.00 per hour* Inspections for which no fee is specifically indicated (minimum charge – one-half hour) $30.00 per hour* Additional plan review required by changes, additions or revisions to approved plans (minimum charge – one-half hour) $30.00 per hour*

*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.

(chapter adopted 9/14/99)

§ 6-5-1 Definitions

(a) "Campfire" means a fire, not within any building, mobile home or living accommodation mounted on a motor vehicle, which is used for cooking, personal warmth, lighting, ceremonial, or esthetic purposes.

§ 6-5-2 Fire

The following are prohibited:

(a) Carelessly or negligently throwing or placing any ignited substance or other substance that may cause a fire.

(b) Firing any tracer bullet or incendiary; ammunition.

(c) Causing timber, trees, slash, brush or grass to bum except as authorized by permit.

(d) Leaving a fire without completely extinguishing it.

(e) Allowing a fire to escape from control.

(f) Building, attending, maintaining, or using a campfire without removing all flammable material from around the campfire adequate to prevent its escape.

§ 6-5-3 Spark Arresters

(a) Requirements. The steam or internal combustion engines be equipped with properly installed, maintained, and effectively working spark arresters as categorized below:

(1) Portable power saws. The spark arrester shall meet the standards set forth in the Society of Automotive Engineers (SAE) Recommended Practice J335b, "Multi-position Small Engine Exhaust System Fire Ignition Suppression", and be listed in the most recent "Spark arrester Guide" as having been approved as meeting above standard. Copies of the "Spark Arrester Guide" may be viewed at the Tribal Fire Office.

(2) Other engines. The spark arrester shall meet the standards set forth in the publication of the USDA Forest Service, entitled "Standard 5100la for Spark Arresters of Internal Combustion Engines" as amended under date of July 1970, and be listed in the most recent " Spark Arrester Guide" as having been approved as meeting above standard. Copies of the "Spark Arrester Guide" may be viewed at the Tribal Fire Office.)

(b) Exceptions. The following are exempt from the requirements of the rule:

(1) Turbo-charged internal combustion engines in which one hundred percent (100%) of the exhaust gases pass through the turbo-charger.

(2) Engines of passenger-carrying vehicles and light trucks, equipped with baffle-type muffler and tailpipe through which all exhaust gasses pass, that are kept in good repair.

(3) Engines of heavy duty trucks equipped with a vertical exhaust stack and muffler extending above the cab of the vehicle.

(4) Engines of water pumping equipment used in firefighting.

(5) Engines of helicopters and other aircraft.

§ 6-5-4 Cost of Fire Suppression and Protection

Whenever the Tribe incurs costs in controlling or extinguishing a fire that any person willfully or is negligently responsible for, such cost shall include all actual cost to the Tribe including wages and use of equipment.

(Chapter adopted 10/9/01)

§ 6-6-1 Definitions

(a) "Administrator" shall mean the person, program or body authorized by NPTEC to administer the Fuel Tax Ordinance.

(b) "Distributor" shall mean those businesses, entities or individuals that receive fuel, store it, and/or sell fuel to Retailers on a wholesale basis for resale at the Retail level.

(c) "Fuel" shall mean any mixture of hydrocarbons suitable as a fuel for the propulsion of motor vehicles or motor boats.

(d) "Indian" shall mean any person who is enrolled or is eligible for enrollment in a federally recognized Tribe or who is at least 1/4 degree Indian blood. BIA or tribal certification may be required.

(e) "Retailer" shall mean any business, entity or individual engaged in the retail sale of fuel to the public.

§ 6-6-2 Purpose

The purpose of this Ordinance is to govern the transactions involving the receipt and sale of fuels by Distributors and Indian-owned Retailers within the confines of the Nez Perce Reservation.

§ 6-6-3 Imposition of Tax

A tax in the amount of fifteen (15) cents per gallon is imposed on all fuel received within the confines of the Nez Perce Reservation and earmarked for sale at the retail level to consumers. The tax is to be paid by the licensed Retailer and remitted with the monthly Retailer report as required in §6-6-5(c).

§ 6-6-4 Distributor Licenses

(a) No Distributor shall receive or sell fuel to a Retailer or to any person or entity for resale unless that Distributor has a valid Distributor's license duly issued by the Nez Perce Tribe.

(b) A Distributor may obtain a Distributor's license on an annual basis from the Nez Perce Tribe by submitting a completed application form provided by the Nez Perce Tribe upon request and paying an annual license fee of $100.00. After the first year this ordinance is effective, the amount of annual license fees shall be established annually by resolution of the Nez Perce Tribal Executive Committee. Licensed Distributors shall be advised in writing no later than the last business day of September of the amount of the license fee for the next calendar year. Fees for an application submitted during the calendar year shall be prorated. The Nez Perce Tribe may require posting of a bond, in addition to the license fee, or any other requirement deemed necessary in administering the Ordinance and is under no obligation to issue any Distributor's license.

(c) A Distributor, regardless of whether he obtains a Distributor's License shall submit, not later than the tenth day of the calendar month following the month in which fuel was received, monthly reports of amounts of fuel received and any other information reasonably requested by the Administrator. If the tenth of the month falls on a holiday or week-end, such report shall be due on the next business day following the weekend or holiday.

(d) All Distributors will be required to comply with federal requirements for health and safety in regard to construction, placement and operation of fuel storage tanks, trucks and other related equipment. Such compliance shall be demonstrated to the satisfaction of the Administrator prior to obtaining a license. Notwithstanding additional enforcement tools as set forth herein and in the Nez Perce Tribal Code, a license may be revoked for non-compliance.

§ 6-6-5 Retailer Licenses

(a) No Indian shall operate a Retail Fuel Station within the boundaries of the Nez Perce Reservation unless that Retailer has a valid license duly issued by the Nez Perce Tribe. Nor shall a Retail Fuel Station purchase fuel from any entity other than a duly licensed Distributor of the Nez Perce Tribe.

(b) A Retailer may obtain a Retailer's license on an annual basis from the Nez Perce Tribe by submitting a completed application form provided by the Nez Perce Tribe upon request and paying an annual license fee of $100.00. After the first year this ordinance is effective, the amount of annual license fees shall be established annually by resolution of the Nez Perce Tribal Executive Committee. Licensed Retailers shall be advised in writing no later than the last business day of September of the amount of the license fee for the next calendar year. Fees for an application submitted during the calendar year shall be prorated. The Nez Perce Tribe may require posting of a bond, in addition to the license fee, or any other requirement deemed necessary in administering the Ordinance and is under no obligation to issue any Retailer's license.

(c) A Retailer, regardless of whether he obtains a Retailer's License shall submit, not later than the tenth day of the calendar month following the month in which fuel was received/sold, monthly reports of amounts of fuel received and sold and any other information reasonably requested by the Administrator. If the tenth of the month falls on a holiday or weekend, such report shall be due on the next business day following the weekend or holiday.

(d) A Retailer shall also, with the report, remit the amount of taxes imposed on fuel received the preceding month, as set forth in subsection (c) of this section. (Correction to subsection: replaced word distributor with correct word retailer effective 3/26/02)

(e) All Fuel Retailer Stations will be required to comply with federal requirements for health and safety in regard to construction, placement and operation of fuel storage tanks and other related equipment. Such compliance shall be demonstrated to the satisfaction of the Administrator prior to obtaining a license. Notwithstanding additional enforcement tools as set forth herein and in the Nez Perce Tribal Code, a license may be revoked for noncompliance

§ 6-6-6 Enforcement

(a) Any Indian person, corporation or entity that receives or sells fuel within the Nez Perce Reservation, with or without a license, is deemed to be doing business within the Nez Perce Reservation and shall be subject to the jurisdiction of the Nez Perce Tribe and the terms of this Ordinance. Any Indian person, corporation or entity doing business within the Nez Perce Reservation shall be subject to the service of process issued by the Nez Perce Tribal Court as though that person, corporation or entity was a resident of the Nez Perce Reservation.

(b) Any person, corporation or entity who engages in the business as a fuel Distributor or fuel Retailer without being the holder of a valid license shall be guilty of a civil infraction. Each day of business without a valid license shall constitute a separate offense.

(c) A Distributor or Retailer whose monthly reports are not received within seven days of the date it is due may be subject to a daily fine of $100 for each day the report is late. Such report will be presumed to be late on the eighth day after the date is due. Such fine may be assessed by the Administrator as an administrative procedure and shall accrue interest at the highest legal rate allowed under federal law. If such report is received by the Nez Perce Tribe after the seven day late period and the postmark date on the envelope is found to have a date within the allowable time period, no penalty will be assessed. An appeal of any penalty assessment shall be available through the Nez Perce Tribal Court and the sole basis for review shall be whether the report was postmarked before the required date and received by the Nez Perce Tribe before or within the seven day late period.

(1) Enactment of this provision as law and delivery to all existing licensees and new applicants shall be deemed full and fair notice of them of their reporting obligations and no further notice shall be required. The failure to provide the required monthly report within twenty days after the seven day late period, when it will be presumed late or an indication by the Distributor or Retailer that he/she will not comply with the reporting requirements, shall be deemed a violation of this ordinance and be subject to such additional penalties as provided herein.

(d) In the event that a Distributor or Retailer fails to provide the monthly reports as required herein, the Administrator may assess the fines authorized in section VI.B. above. The Administrator shall serve written notice by regular mail addressed to the licensee of the amount of the fine then due, request the monthly report, demand payment of the fine then due in full immediately and advise the licensee that if the report and payment are not received by that deadline, the license will be suspended on that date. Unless a licensee pays the total fine due and submits the required report within twenty days of the date due, their license shall be suspended by the Administrator. Once suspended for failure to pay the fine assessed or to provide the report within twenty days of the date due, the license shall not be reinstated unless and until the licensee provides a cash performance bond to the Tribe in the amount of $50,000 to ensure compliance with the provisions of this ordinance.

(e) In all other instances where the Administrator reasonably believes that a violation of the Fuel Tax Ordinance has occurred, the Administrator shall, on a timely basis, conduct such investigation into relevant facts as is necessary and provide such information to the Nez Perce Tribal Executive Committee, Office of Legal Counsel who shall take such legal steps as are necessary to ensure compliance with the provisions of the Code. If warranted, the legal steps could include a referral to the Tribal Prosecutor for criminal charges to be filed.

(f) Upon a determination by the Court that a violation of any provision of this Ordinance has occurred, sanctions, including any or all of the following, may be imposed:

(1) Suspension of Distributor or Retail license;

(2) Revocation of Distributor or Retail license;

(3) Civil fine in an amount established by the Court unless the violation for which it is imposed resulted in the loss of revenue to the Nez Perce Tribe in which case, the amount of the fine shall be equal to three times the amount of revenue lost to the Nez Perce Tribe;

(4) Forfeiture of property belonging to Distributor or Retailer within the boundaries of the Nez Perce Reservation of a value sufficient to pay in full any fine, assessment or amount due pursuant to this Ordinance;

(5) Posting of a cash bond with Nez Perce Tribe before license is reissued or restored.

(g) The Nez Perce Tribe may file a complaint with the Nez Perce Tribal Court alleging a violation of the Fuel Tax Ordinance. If the complaint seeks preliminary relief, including but not limited to, the closure of the Distributor or Retailers business pending final disposition of the complaint, the Nez Perce Tribal Court may be requested to issue an order granting the preliminary relief on an ex parte basis upon a showing by the Nez Perce Tribe that reasonable efforts were made to advise the named defendant of the filing of the complaint and the request for preliminary relief. Upon presentation of prima facia evidence that a Distributor or Retailer failed to provide the reports or pay the taxes required by the Fuel Tax Ordinance, the court shall grant the preliminary relief. Regardless of whether the preliminary relief is granted, the court shall schedule the cause notice to be served upon the defendant and hold a full hearing on the matter of the preliminary relief no later than three business days from the date of the complaint.

(h) Any order of the Nez Perce Tribal Court granting preliminary relief may include authorization or direction to appropriate enforcement agencies to secure premises or property to avoid transfer or concealment of property that may be subject to forfeiture.

(i) Any transfer or concealment of property subject to forfeiture by a Distributor or Retailer to avoid or attempt to avoid forfeiture pursuant to, or enforcement of, this ordinance shall be a criminal offense subject to criminal penalties.

§ 6-6-7 Distribution of Tax Revenues

Tax revenues shall be distributed as determined by the Nez Perce Tribal Executive Committee

§ 6-6-8 Violations/Sanctions

(a) Any violation of this Ordinance shall be considered a civil infraction under § 4-3-73 and may subject the offender to a fine shall be distributed in the following amounts

(b) In addition to any fine ordered under § 4-3-73, Tribal Law Enforcement may close any offending business and seize all fuel or fuel proceeds from same.

(c ) This section does not preclude any other civil or criminal remedies which may apply to activities governed by this Ordinance, including immediate police action necessary to protect the health and safety of the community.

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