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The Law and Order Code of the Ute Indian Tribe of the Uintah and Ouray Reservation

Received: 1988

TITLE XIV - ALCOHOLIC BEVERAGE CONTROL ORDINANCE




§14-1-1 Definitions.

(1) ''Alcoholic beverage'' means any drink drinkable liquid containing more than one-half of one percentum of alcohol by weight and all mixtures, compounds or preparations, whether liquid or not, which contain more than one-half of one percentum of alcohol by weight and which are capable of human consumption.

(2) ''Beer'' means any beverage containing not less than one-half of one percentum of alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of any malted grain or similar product, and includes ale, stout and porter. ''Light beer'' means beer containing not more than 3.2 percentum of alcohol by weight.

(3) ''Business Committee'' means the Tribal Business Committee of the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah.

(4) ''Manufacture'' means to distill, brew, rectify, blend, mix, compound, process, ferment or otherwise make an alcoholic beverage.

(5) ''Member'' or ''Members of the Tribe'' means an enrolled member of the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah.

(6) "Minor" means any person who has not reached his twenty-first birthday.

(7) ''Person'' includes any individual, firm, partnership, corporation, association, group or combination, and the plural as well as the singular number, or the agent of any of the foregoing.

(8) "Premises" means any room, enclosure, building or structure.

(9) ''Public place'' means and includes any place, building or conveyance to which the public has, or is permitted to have access, and any highway, street, lane, park or place of public resort or amusement.

(10) ''Restaurant" means a place of business where a variety of hot food is prepared and cooked and meals are served to the general public in connection with indoor dining accommodations.

(11) ''Reservation'' means all property within the exterior boundaries of the Uintah and Ouray Reservation, Utah and all lands subject to the territorial jurisdiction of the tribe.

(12) ''Retailer'' means any person engaged in the sale or distribution of alcoholic beverages to the consumer.

(13) ''Sell'' or ''to sell'' shall include all of the following: to solicit and/or receive an order for; to keep or expose for sale; to deliver for value; to peddle; to possess with intent to sell; to traffic in; for any consideration, promised or obtained, directly "or indirectly or under any pretext or means whatsoever, to procure or allow to be procured for any other person; "sale" shall include every act of selling as defined herein.

(14) ''Tavern" means a place where alcoholic beverages are sold for consumption on the premises.

(15) "Tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation, Utah.


§14-1-2 Compliance With Utah State Law.

(1) The provisions and requirements of this ordinance and any rules, regulations and licenses authorized hereunder shall apply in addition to and not instead of the laws of the State of Utah, which laws shall apply to the manufacture and sale of alcoholic beverages within the reservation.

(2) To the extent, if any, that the tribe shall enter into any agreements with the State of Utah or any department or agency thereof regarding the manufacture or sale of alcoholic beverages within the reservation, the terms of such agreement or agreements shall be deemed to be the law of the State of Utah for all matters covered by such agreements.


§14-1-3 Unlawful Acts; Punishments.

(1) It shall be be unlawful and punishable as provided herein for any person:

(a) To manufacture and/or sell any alcoholic beverage within the reservation without having first obtained from the tribe all appropriate licenses relating thereto;

(b) To manufacture and/or sell any alcoholic beverage within the reservation contrary to the terms of this ordinance, any rules or regulations adopted under authority of this ordinance, or the terms or conditions of any license issued under authority of this ordinance.

(c) To manufacture or sell alcoholic beverages in a manner which is illegal under the laws of the State of Utah; provided, however, that if a member of the tribe violates any provision of this ordinance no consent or authority is given hereby to the State of Utah or any officer or agent of the State of Utah to enforce said laws against any member of the tribe; and provided further, that this provision does not in any way give, transfer or cede to the State of Utah any of the rights, powers or jurisdiction of the tribe.

(2) Violation of this ordinance shall be punishable by a fine of not more than $500.00 or by imprisonment of not more than six months, or by both such fine and imprisonment.


§14-1-4 Licenses.

(1) After the effective date of this ordinance, any person who engages in the manufacture or sale of alcoholic beverages within the reservation shall be required, as a precondition to such manufacture or sale, to have obtained all appropriate licenses from the tribe.

(2) There are hereby established three (3) classes of licenses: Manufacturer's License, Tavern License, and Retailer's License.

(3) Manufacturer's License: A manufacturer's license shall entitle the holder thereof to manufacture within the reservation, such types of alcoholic beverages as may be specifically indicated on the license. No manufacturer's license may issue except upon proof to the issuing authority that the applicant has complied with any and all licensing rules and regulations of the Federal Government and the State of Utah and unless, in the judgment of the issuing authority, such manufacture will not detract from the health, safety, welfare or morals of the residents of the reservation.

(4) Tavern License: A tavern license shall entitle the holder thereof to sell alcoholic beverages for consumption on the premises specified in the license in accordance with the laws of the State of Utah and any rules and regulations established by the issuing authority. Unless otherwise specifically stated on the Tavern License, a Tavern license shall only entitle the holder thereof to sell light beer.

(5) Retailer's License: A retailer's license shall entitle the holder thereof to sell alcoholic beverages for consumption off of the premises specified in the license in accordance with the laws of the State of Utah and any rules and regulations of the issuing authority. Unless otherwise specifically stated on the Retailer's License, a Retailers License shall only entitle the holder thereof to sell light beer.

(6) The issuing authority for all licenses shall be the Business Committee unless and until such time as the Business Committee shall by resolution otherwise designate.

(7) The issuing authority shall have authority to prescribe forms, rules and regulations, subject to the approval of the Business Committee if some other body shall be designated as the issuing authority, which shall have the force of law when properly adopted. Such forms, rules and regulations may include any subject reasonably related to the sale or manufacture of alcoholic beverages and the obtaining of licenses hereunder.

(8) Licenses shall be issued for a period of not to exceed one year.

(9) Licenses for the sale or manufacture of alcoholic beverages within the reservation are a privilege granted by the tribe and no person shall have any vested rights therein.

(10) Fees: Unless and until altered by the issuing authority, the following annual fees shall be charged for licenses issued hereunder:

 
Member
of the Tribe
Nonmember
of the Tribe
Manufacturer's License    
Tavern License    
Retailer's License    


§14-1-5 Enforcement.

(1) Officers of the Tribal Police are hereby authorized to enforce the provisions of this ordinance.

(2) The issuing authority may designate other persons to enforce the provisions of this ordinance, either in addition to or instead of the Tribal Police.

(3) Actions to suspend, cancel or modify any license issued hereunder shall be handled as specified in Part III of Title VII of the Ute Law and Order Code.

(4) Any person aggrieved by an action of the issuing authority shall request a rehearing before such body as a precondition to seeking relief in Tribal Court.

(5) The Tribal Courts shall have jurisdiction to hear challenges to this ordinance, appeals from the actions of the issuing authority, and to try any person charged with violating this ordinance. Appeals from the decision of the Tribal Court shall be to the Tribal Appellate Court.


§14-1-6 Effective Date.

The provisions and requirements of this ordinance shall take effect thirty (30) days after this ordinance has been certified by the Secretary of the Interior and published in the Federal Register as required by 18 USC §1161.

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