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to Table of Contents Nisqually
Tribal Code
March 2003 Edition TITLE 29 - LIQUOR
29.01.01 Liquor Control This Title shall be known as the "Nisqually Liquor Ordinance."
2. "Ordinance" changed to "Title" to achieve consistency with the 2003 Tribal Code Amendments.
(b) Beginning with the Treaty of Medicine Creek, 10 Stat. 1132, Art. 9, to which the ancestors of the Nisqually Indian Tribe were parties, the Federal government has respected this Tribe's determinations regarding liquor-related transactions and activities on the Nisqually Indian Reservation. At treaty time, this Tribe's ancestors desired to exclude "ardent spirits" from their Reservation. Federal law currently prohibits the introduction of liquor into Indian country (18 U. S. C. 1154), leaving to tribes a decision regarding when and to what extent liquor transactions shall be permitted (18 U. S. C. 1161). (c) Present-day circumstances make a complete ban of liquor within the Nisqually Indian Reservation ineffective and unrealistic. At the same time, a need still exists for strict tribal regulation and control over liquor distribution. (d) The enactment of a tribal ordinance governing liquor possession and sales on the Reservation will increase the ability of the tribal government to control Reservation liquor distribution and possession and at the same time, will provide an important source of revenue for the continued operation and strengthening of tribal government in the delivery of tribal governmental services. (e) In
order to provide for increased tribal control over liquor distribution
and possession on the Reservation and to provide for an urgently needed
additional revenue source, the Nisqually Community Council adopts this
liquor ordinance pursuant to the powers vested in it by Article VI,
Sec. 1( e), 1( i) and 1( h) of the Constitution and Bylaws of the Nisqually
Indian Community of the Nisqually Reservation, Washington and the Act
of August 15, 1953, 87 Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
(b) "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. (c) "Spirits" means any beverage which contains alcohol by distillation, including wines exceeding seventeen percent of alcohol by weight. (d) "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural products containing sugar, to which any saccharine substances may have been added before, during or after fermentation and containing not more than seventeen percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding seventeen percent of alcohol by weight. (e) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than four percent of alcohol by weight and not less than one-half of one percent of alcohol by volume. For the purposes of this Title, any such beverage, including ale, stout and porter, containing more than four percent of alcohol by weight shall be referred to as "strong beer." (f) "Sale"
and "sell" include the exchange, barter, traffic, donation
with or without consideration, in addition to the selling, supplying
or distributing, by any means whatsoever, of liquor or of any liquid
known or described as beer or by any name whatsoever commonly used to
describe malt or brewed liquor or wine, by any person to any person;
and also includes a sale or selling within an area of tribal jurisdiction
to a foreign consignee or his agent. (h) "Restaurant" means any establishment provided with special space and accommodations where, in consideration of payment, food, without lodgings, is habitually furnished to the public. (i) "Board"
means the Nisqually Tribal Liquor Board. (k) "Package"
means any container or receptacle used for holding liquor.
The purpose, sale or dealing in liquor for commercial purposes, other than when done by the Nisqually Indian Tribe acting through its Liquor Board, or by an individual or entity pursuant to a license issued under this Title, is prohibited. The federal Indian liquor laws are intended to remain applicable to any act or transaction which is not authorized by this Title and violations of this Title shall be subject to federal prosecution as well as to legal action in the court as with [sic] under tribal law. Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
2. Error in original code corrected in 2003 Code Formatting Amendments. Previously cited 18 U. S. C., Sec. 1181. Correct section is 18 U. S. C., Section 1161.
Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
The Board may license one or more liquor retail outlets within the jurisdiction of the Nisqually Indian Tribe. Licenses shall be issued only to an enrolled member of the Nisqually Indian Tribe or to a Nisqually Tribal Enterprise and each outlet shall be located on Indian trust or restricted or tribally owned land within the exterior boundaries of the Nisqually Indian Reservation. Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.29.03.02 Application Fee (a) Each application for a liquor license shall be accompanied by a processing fee in the amount of $250.00, except that the processing fee is hereby waived for an application by a tribal enterprise. (b) The Board shall receive and process applications and shall be the official representative of the Tribe in matters relating to liquor licenses, taxes, fees or other matters arising under this Title. (c) Each
license must be approved by the Liquor Board prior to issuance. Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
Historical and Statutory Notes 1. This section amended in 1991. Originally created by Ordinance 2-1981.2. Text of subsection previously read "in the amount of $________________". This text changed to "in an amount determined by Tribal Council" in the 2003 Tribal Code Formatting Amendments.
(b) For
the purpose of considering any application for a license, the Board
may cause an inspection of the premises to be made or by approval of
detailed engineering or architectural plans for construction and may
inquire into all matters in connection with the construction and operation
of the premises and may require that a bond be posted in an amount (c) No liquor license shall be issued to: (d) The preceding prohibitions against the issuance of a liquor license to certain persons or entities shall in no way be construed to prevent the issuance of a liquor license to a Nisqually Tribal Enterprise. (e) Every license shall be issued in the name of the applicant and no license shall be transferable, nor shall the holder thereof allow any other person to use the license. (f) Before the Board shall issue a liquor license, notice of the application for the license shall be posted in public places on the Reservation and comments shall be received on the application for a period of twenty (20) days at the Board's office. (g) Before the Board shall issue any license, it shall give due consideration to the location of the business to be conducted under such license with respect to existing or planned land uses in adjacent or proximately adjacent areas. (h) Every licensee shall post and keep posted its license or licenses in a conspicuous place on the licensed premises.
(b) Every
person, being on any such premises and having charge thereof, who refuses
or fails to admit a tribal inspector, tribal police officer or Board
member, demanding to enter therein in pursuance of this section in the
execution of his duty, or who obstructs or attempts to obstruct the
entry of such inspector or officer of the peace, or who refuses or neglects
to
(b) Upon
suspension or cancellation of a license, the licensee shall forthwith
deliver up the license to the Board. Where the license has been suspended
only, the Board shall return the license to the licensee at the expiration
or termination of the period of suspension with a memorandum of the
suspension written or stamped upon the face thereof in red ink. Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
(a) Liquor Stamp - Contraband: No liquor, other than that sold pursuant to a retail tribal license, shall be sold on the Nisqually Indian Reservation unless there shall be affixed a stamp of the Nisqually Tribal Liquor Board. Any sales made in violation of this provision shall be a violation of this Title, which shall be remedied as set out in subsection 29.04.02. All liquor, other than beer or wine sold pursuant to a tribal license, not so stamped which is sold or held for sale on the Nisqually Indian Reservation is hereby declared contraband and in addition to any penalties imposed by the Tribal Court for violation of this section, it may be confiscated and forfeited in accordance with the procedures set out in subsection 29.03.06 herein. (b) Proof of Unlawful Sale - Intent: In any proceeding under this Title, proof of one unlawful sale of liquor shall suffice to establish prima facie the intent or purpose of unlawfully keeping liquor for sale in violation of this Title. (c) Use
of Seal: No person other than an employee of the Nisqually Tribal Liquor
Board shall keep or have in his or her possession any legal seal prescribed
under this Title unless the same is attached to a package which has
been purchased from a tribal liquor outlet, nor shall any person keep
or have in his or her possession any design in imitation of any official
(e) Illegal Transportation, Still or Sale Without Permit: Any person who shall sell or offer for sale or transport in any manner, any liquor in violation of this Title, or who shall operate or have in his or her possession without a permit, any mash capable of being distilled into liquor, shall be in violation of this Title. (f) Illegal
Purchase of Liquor: Any person within the boundaries of the Nisqually
Indian Reservation who buys liquor from any person other than at a properly
authorized tribal liquor outlet or tribal licensee shall be in violation
of this Title. (h) Sales to Persons Apparently Intoxicated: Any person who sells liquor to a person apparently under the influence of liquor shall be in violation of this Title. (i) Intoxication in a Public Place: Any person who is intoxicated who remains in any public place shall be in violation of this Title. (j) Drinking
in a Public Conveyance: Any person engaged wholly or in part in the
business of carrying passengers for hire and every agent, servant or
employee of such person who shall knowingly permit any person to drink
any liquor in any public conveyance shall be in violation of this Title.
Any person who shall drink any liquor in a public conveyance shall be
(k) Furnishing Liquor to Minors: No person under the age of twenty-one (21) years shall consume, acquire, or have in his or her possession any alcoholic beverages except when such beverage is being used in connection with religious services or for medicinal purposes by a licensed physician's written direction. No person shall give or otherwise supply liquor to any person under the age of twenty-one (21) years to consume liquor on his or her premises or on any premises under his or her control, except as allowed in this section. Any person violating this section shall be in violation of this Title. (l) Sales of Liquor to Minors: Any person who shall sell any liquor to any person under the age of twenty-one (21) years shall be in violation of this Title. (m) Unlawful Transfer of Identification: Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain liquor shall be in violation of this Title, provided that corroborative testimony of a witness other than the minor shall be a requirement for a judgment against the defendant. (n) Possession of False or Altered Identification: Any person who attempts to purchase liquor through the use of false or altered identification which falsely purports to show the individual to be over the age of twenty-one (21) years shall be in violation of this Title. (o) Identification - Proof of Minimum Age: Where there may be question of a person's right to purchase liquor by reason of his or her age, such person shall be required to present any one of the following officially issued cards of identification which shows correct age and bears his or her signature and photograph:
(p) Defense to Action for Sale to Minors: It shall be a defense to a suit for serving liquor to a person under twenty-one (21) years of age if such person has presented a card of identification and; (i) In addition to the presentation by the holder and verification by the licensee of such card of identification, the licensee shall require the person whose age may be in question to sign a card and place a date and number of his or her card of identification thereon. Such statement shall be upon a five-inch by eight-inch file card, which card shall be filed alphabetically by the licensee at or before the close of business on the day on which the statement is executed, in the file box containing a suitable alphabetical index and the card shall be subject to examination by any tribal police officer, employee of the Board or Board member at all times. (q) Pharmaceutical Exceptions: Nothing in this Title shall apply to or prevent the sale, purchase or consumption of:
Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
(b) Within three weeks following the seizure of the contraband, a hearing shall be held in Tribal Court, at which time the operator or owner of the contraband shall be given an opportunity to present evidence in defense of his or her activities. (c) Notice of the hearing of at least ten (10) days shall be given to the person from whom the property was seized if known. If the person is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at other public places on the Reservation. The notice shall describe the property seized, and the time, place and cause of seizure and give the name and place of residence, if known, of the person from whom the property was seized. (d) Judgment of Forfeiture - Disposition of Proceeds of Property: If, upon the hearing, the evidence warrants, or, if no person appears as claimant, the Tribal Court shall thereupon enter a judgment of forfeiture, and order such articles sold or destroyed forthwith. 29.04.03 Abatement (a) Declaration of Nuisance: Any room, house, building, boat, vessel, vehicle, structure or other place where liquor is sold, manufactured, given away, furnished, or otherwise disposed of in violation of the provisions of this Title or any lawful regulations made pursuant thereto, or of any other tribal law relating to the manufacture, importation, transportation, possession, distribution and sale of liquor and all property kept in and used in maintaining such a place, are hereby declared to be a public nuisance. (b) Institution
of Action: The Board shall institute and maintain an action in the Tribal
Court in the name of the Tribe to abate and perpetually enjoin any nuisance
declared under this Title. The plaintiff shall not be required to give
bond in this action. Restraining orders, temporary injunctions and permanent
injunctions may be granted in the cause and upon final judgment (c) Abatement:
In all cases where any person has been found by the Tribal Court to
have violated this Title, applicable tribal regulations or tribal laws
relating to the manufacture, importation, transportation, possession,
distribution and sale of liquor, an action may be brought in Tribal
Court by the Board to abate as a nuisance any activity involved in the
Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
29.05.01 Revenues All revenues received, funds collected and property acquired by the Nisqually Tribal Council acting through the Nisqually Business Committee or by the Nisqually Liquor Board pursuant to this Title shall be the property of the Nisqually Indian Tribe. The net proceeds shall be paid through the tribal treasurer into the general tribal fund of the Nisqually Indian Tribe for the general governmental services of the Tribe. Historical and Statutory Notes This section
amended in 1991. Originally created by Ordinance 2-1981. (i) There is hereby levied and shall be collected a tax upon each sale of liquor; except beer and wine, in whatever packages or container, in the amount of three (3) cents per fluid ounce or fraction thereof contained in such package or container. (b) These excise taxes shall be added to the sale price of the liquor sold by the licensee and shall be paid to the Nisqually Tribal Liquor Board which shall collect the same and hold these taxes in trust until remitted to the Treasurer of the Nisqually Indian Tribe on the twenty-fifth (25th ) day of each month to be deposited in the Tribal Treasury. The taxes provided for herein shall be the only taxes applicable to activities of the Nisqually Liquor Board or licensees. (c) All tax revenues transferred to the Tribal Treasurer for deposit in the Tribal funds shall be used for the benefit of the Reservation and the Tribal community. In appropriating from these revenues, the Council, acting through the Nisqually Business Committee, shall give priority to:
(d) The Nisqually Liquor Board and all licensees shall keep such records required by the Tribal Treasurer to determine that amount of taxes owing and shall complete the tax returns in accordance with instructions from the Tribal Treasurer. (e) Amendments to the amounts and types of taxes levied on the sale of liquor in this section may be made from time to time by the Nisqually Tribal Liquor Board. Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981.
29.06.01 Violations - Remedies If any person is found to have violated this Title or any lawful regulation or rule made pursuant thereto for which no penalty has been specifically provided, he or she shall be liable for a civil penalty of not more than Five Hundred Dollars ($500.00) plus court costs per violation.
29.07.01 Severability (a) If any clause, part or section of this Title shall be adjudged invalid, such judgment shall not affect or invalidate the remainder of the Title, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered. (b) If any application of this Title or any clause, part or section thereof, is adjudged invalid, such judgment shall not be deemed to render that provision inapplicable to other persons or circumstances.
Historical and Statutory Notes This section amended in 1991. Originally created by Ordinance 2-1981. 14 Back to Top |