Standing Rock Sioux Tribal Code of Justice
SRST Code of Justice T. VIII,
Title VIII. Liquor
GENERAL NOTES
Approved and Amended by Standing Rock Sioux Tribal Council November 1, 2006--Resolution No. 566-06
Standing Rock Sioux Tribe Code of Justice T. VIII, , SRST COJ T. VIII,
Current through Dec. 1, 2010
SRST COJ § 8-101
8-101. Conformity With State Laws and This Title
SRST Code of Justice § 8-101
Title VIII. Liquor
8-101. Conformity With State Laws and This Title
The introduction, possession, transportation, and sale of intoxicating beverages shall be lawful within the Indian country under the jurisdiction of the Tribe, provided that such introduction, possession, transportation, and sale in North Dakota, are in conformity with the laws of the State of North Dakota, and with the provisions of this Title, and that such introduction, possession, transportation, and sale in South Dakota are in conformity with the laws of the State of South Dakota, and with the provisions of this Title.
Standing Rock Sioux Tribe Code of Justice § 8-101, SRST COJ § 8-101
Current through Dec. 1, 2010
SRST COJ § 8-102
8-102. Corporate and Tribal Entity
SRST Code of Justice § 8-102
Title VIII. Liquor
8-102. Corporate and Tribal Entity
The Standing Rock Sioux Tribal Council (hereinafter the “Council”), may charter, or form a corporation, or a subordinate tribal entity, or a tribal enterprise, to operate off-sale or packaged sale of intoxicating beverages, under such license or licenses as may be required by law.
Standing Rock Sioux Tribe Code of Justice § 8-102, SRST COJ § 8-102
Current through Dec. 1, 2010
SRST COJ § 8-103
8-103. Tribal License Or Permit Required
SRST Code of Justice § 8-103
Title VIII. Liquor
8-103. Tribal License Or Permit Required
No person shall engage in the sale of intoxicating beverages within the Indian country under the jurisdiction of the Tribe, unless duly licensed or permitted to do so by the Tribe in accordance with the terms of this Title and, in the case of non-Indians, by the Tribe and the State in which the licensee sells intoxicating beverages, provided that the Tribe, in the discretion of the Council, may require Indians to obtain licenses from the appropriate State.
Standing Rock Sioux Tribe Code of Justice § 8-103, SRST COJ § 8-103
Current through Dec. 1, 2010
SRST COJ § 8-104
8-104. Application For Tribal Liquor License--Requirements
SRST Code of Justice § 8-104
Title VIII. Liquor
8-104. Application For Tribal Liquor License--Requirements
No tribal license shall issue under this Title except upon a sworn application filed with the Council containing a full and complete showing of the following:
(a) If the applicant is a non-Indian, satisfactory proof that the applicant is or will be duly licensed by the State in which he proposes to Operate.
(b) If the applicant is an Indian, and the Council determines that a State license should be obtained, satisfactory proof that the applicant is or will be duly licensed by the appropriate State, or that such license has been withheld or denied for reasons in excess of the powers vested in the State licensing authorities, or for arbitrary or capricious reasons.
(c) Satisfactory proof that the applicant is of good character and reputation among the people of the Reservation, with particular reference to the Indian people, and that he is financially responsible.
(d) The description of the premises in which the intoxicating beverages are to be sold, proof that the applicant is the owner of such premises, or lessee of such premises, for at least the term of the license.
(e) Agreement by the applicant to accept and abide by all conditions of the tribal license.
(f) Payment of a reasonable fee, not to exceed the corresponding license fee required under State law.
(g) Satisfactory proof that neither the applicant nor the applicant's spouse has ever been convicted of a felony.
(h) Satisfactory proof that notice of the application has been posted in a prominent, noticeable place on the premises where intoxicating beverages are to be sold for at least 30 days prior to consideration by the Council and has been published at least twice in a tribal newspaper, or if a tribal paper is not in publication, in such other local newspaper serving the community that may be affected by the license as the Tribal Chairman or Secretary may authorize. The notice shall state the date, time and place when the application shall be considered by the Council pursuant to Section 8-105.
Standing Rock Sioux Tribe Code of Justice § 8-104, SRST COJ § 8-104
Current through Dec. 1, 2010
SRST COJ § 8-105
8-105. Hearing On Application For Tribal Liquor License
SRST Code of Justice § 8-105
Title VIII. Liquor
8-105. Hearing On Application For Tribal Liquor License
All applications for a tribal liquor license shall be considered by the Council in open session at which the applicant, his attorney and any person protesting the application shall have the right to be present, and to offer sworn oral or documentary evidence relevant to the application. After the hearing, the Council, by secret ballot, shall determine whether to grant or deny the application. (In the event that the applicant is member of the Tribal Council, or a member of the immediate family of a Council member, such member shall not vote on the application or participate in the hearing as a Council member.)
Standing Rock Sioux Tribe Code of Justice § 8-105, SRST COJ § 8-105
Current through Dec. 1, 2010
SRST COJ § 8-106
8-106. Temporary Permits For Sale of Beer
SRST Code of Justice § 8-106
Title VIII. Liquor
8-106. Temporary Permits For Sale of Beer
The Council may grant a temporary permit for the sale of intoxicating beverages for a period not to exceed three (3) days to any person applying for the same in connection with a tribal or community activity, provided that the conditions prescribed in Section 8-107(b), 8-107(c), 8-107(d), 8-107(h), and 8-107(i) of this Code shall be observed by the permittee. Each permit issued shall specify the types of intoxicating beverages to be sold.
Standing Rock Sioux Tribe Code of Justice § 8-106, SRST COJ § 8-106
Current through Dec. 1, 2010
SRST COJ § 8-107
8-107. Conditions of The Tribal License
SRST Code of Justice § 8-107
Title VIII. Liquor
8-107. Conditions of The Tribal License
Any tribal license issued under this Title shall be subject to such reasonable conditions as the Council shall fix, including, but not limited to the following:
(a) The license shall be for a term of one year, and shall expire as of even date with any license issued under the laws of the State in which the licensee sells intoxicating beverages.
(b) The licensee shall at all times maintain an orderly, clean, and neat establishment, both inside and outside the licensed premises.
(c) The licensed premises shall be subject to patrol by the Reservation police force, for the purpose of enforcing tribal law, and by state and county law officers for the purpose of enforcing state law against non-Indians, and the licensee shall cooperate with such police and law officers.
(d) The licensed premises shall be open to inspection by duly authorized tribal officials at all times during the regular business hours.
(e) Subject to the provisions of Subsection (f) of this section, no intoxicating beverages shall be sold, served, disposed of, delivered, or given to any person, or consumed on the licensed premises except in conformity with the hours and days prescribed by the laws of the State where the licensed premises are situated, and in accordance with the hours fixed by the Council, provided that the licensed premises shall not operate or open earlier or operate or close later than is permitted by the law of the State where the licensed premises are located.
(f) The premises covered by the tribal liquor license shall be closed on tribal election days, or when a referendum is held of the people of the Tribe, and including special days of observance as designated by the Council.
(g) All acts and transactions under authority of the tribal liquor license shall be in conformity with the laws of the State in which the licensee sells intoxicating beverages, and shall be in accordance with this Title and any tribal license issued pursuant to this Title.
(h) No person under the age permitted under the law of the appropriate State shall be admitted into the licensed establishment.
(i) There shall be no discrimination in the operations under the tribal license by reason of race, color or creed.
Provided, that the Council shall not grant to the licensee, by way of a condition of the license, or otherwise, any privilege or benefit relating to the hours and days of operation of the licensed premises, greater than those permitted by the laws of the State in which the licensed premises are located.
Standing Rock Sioux Tribe Code of Justice § 8-107, SRST COJ § 8-107
Current through Dec. 1, 2010
SRST COJ § 8-108
8-108. Assignment Or Transfer
SRST Code of Justice § 8-108
Title VIII. Liquor
8-108. Assignment Or Transfer
No tribal license issued under this Title shall be assigned or transferred without the written approval of the Council expressed by formal resolution.
Standing Rock Sioux Tribe Code of Justice § 8-108, SRST COJ § 8-108
Current through Dec. 1, 2010
SRST COJ § 8-109
8-109. Cancellation and Suspension
SRST Code of Justice § 8-109
Title VIII. Liquor
8-109. Cancellation and Suspension
Any license issued hereunder may be suspended or cancelled by the Council for the breach of any of the provisions of this Title, or of the tribal license, upon hearing before the Council after 10 days notice to the licensee. The decision of the Council shall be final.
Standing Rock Sioux Tribe Code of Justice § 8-109, SRST COJ § 8-109
Current through Dec. 1, 2010
SRST COJ § 8-110
8-110. Prior Tribal Laws Repealed
SRST Code of Justice § 8-110
Title VIII. Liquor
8-110. Prior Tribal Laws Repealed
The resolution heretofore adopted and published in the Federal Register (Vol. 18, p. 8626) on December 22, 1953, is hereby repealed.
Standing Rock Sioux Tribe Code of Justice § 8-110, SRST COJ § 8-110
Current through Dec. 1, 2010
SRST COJ § 8-111
8-111. Effective Date
SRST Code of Justice § 8-111
Title VIII. Liquor
8-111. Effective Date
This Ordinance shall be effective upon publication in the Federal Register.
Standing Rock Sioux Tribe Code of Justice § 8-111, SRST COJ § 8-111
Current through Dec. 1, 2010
SRST COJ Res. No. 566-06
Resolution No. 566-06
SRST Code of Justice Res. No. 566-06
Title VIII. Liquor
Resolutions
Resolution No. 566-06
WHEREAS, the Standing Rock Sioux Tribe is an unincorporated Tribe of Indians, having accepted the Indian Reorganization Act of June 18, 1934, with the exception of Section 16; and the recognized governing body of the Tribe is known as the Standing Rock Sioux Tribal Council; and
WHEREAS, the Standing Rock Sioux Tribal Council, pursuant to the amended Constitution of the Standing Rock Sioux Tribe, Article IV, Section 1[c], and 1[o], is authorized to promote and protect the health, education and general welfare of the members of the Tribe; to manage and protect and preserve the property of the Tribe and to safeguard and promote the peace, safety, morals, physical and general welfare of the Tribe; and
WHEREAS, pursuant to its Constitutional Authority, the Standing Rock Sioux Tribal Council adopted an Ordinance No. 63 to regulate and control the sale of liquor within the Reservation, which Ordinance originally became effective on September 30, 1974, and was subsequently amended December 10, 1982; and
WHEREAS, while the Tribe has considered amendments to the tribe's Liquor Ordinance, the law in effect as of December 10, 1982 continues to control the sale of liquor within the Reservation; and
WHEREAS, pursuant to the tribe's Liquor Ordinance, the Tribe is authorized to charge an annual fee for liquor licenses in a reasonable amount; and
WHEREAS, the Tribal Council has determined that a reasonable fee for liquor licenses issued in 2007 is $500.00, which is consistent with the license fee charged in 2006;
NOW THEREFORE BE IT RESOLVED, that pursuant to the power vested in the Standing Rock Sioux Tribal Council under the Constitution of the Standing Rock Sioux Tribe, the Tribal Council affirms that the fee to be charged for liquor licenses in 2007 is $500.00 per applicant; and
BE IT FURTHER RESOLVED, that Tribal Council Resolution 407-04 [November 5, 2004] is hereby rescinded; and
BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Tribal Council are hereby authorized and instructed to sign this resolution for and on behalf of the Standing Rock Sioux Tribe.
CERTIFICATION
We, the undersigned, Chairman and Secretary of the Tribal Council of the Standing Rock Sioux Tribe, hereby certify that the Tribal Council is composed of [ 17] of whom 14 constituting a quorum, were present at a meeting thereof, duly and regularly, called, noticed, convened and held on the 1st day of NOVEMBER, 2006, and that the foregoing resolution was duly adopted by the affirmative vote of 12 members, with 1 opposing, and with 1 not voting. THE CHAIRMAN'S VOTE IS NOT REQUIRED EXCEPT, IN CASE OF TIE.
DATED THIS 1st DAY OF NOVEMBER 2006.
Standing Rock Sioux Tribe Code of Justice Res. No. 566-06, SRST COJ Res. No. 566-06
Current through Dec. 1, 2010