INTENT: Governing sale and distribution of tobacco products and cigarette allocations by the Colville Confederated Tribes.

6-8-1 TITLE

This ordinance shall be known as the Tobacco Chapter of the Colville Tribal Law and Order Code.

6-8-2 DEFINITIONS

As used in this Chapter, the following words and phrases shall each have the designated meaning unless a different meaning is expressly provided.

A. Tribes - shall mean the Confederated Tribes of the Colville Reservation.

B. Council - shall mean the Colville Business Council.

C. Cigarettes - shall mean any roll for smoking made wholly or in part of tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material except of natural leaf tobacco in its natural state, irrespective or size or shape.

D. Tobacco Products - shall mean cigarettes, cigars, smoking tobacco, snuff, chewing tobacco, and other kinds and forms of tobacco prepared in such a manner as to be suitable for chewing or smoking.

D. Tobacco Outlet - shall mean a licensed tribal business selling tobacco products on trust land within the Colville Reservation.

H. Operator - shall mean that person who holds a Tobacco Outlet License.

I. Cigarette allocation - shall mean the annual number of tax-exempt cigarette cartons available to a tobacco outlet as determined by the Executive Director as provided under this Chapter.

J. Executive Director - shall mean the Executive Director of the Tribes.

K. Tribal Court - shall mean the Tribal Court of the Tribes.

6-8-3 ESTABLISHMENT OF TOBACCO OUTLETS

The Council may license one or more tobacco outlets within the Colville Reservation as the Council in its sole discretion deems necessary to provide adequate service to consumers of cigarettes and tobacco products. In addition, tobacco outlets shall obtain a Federal Indian Trader's License as provided in Section 6-8-6 hereof.

6-8-4 APPLICATION FOR TOBACCO OUTLET LICENSE

Any enrolled member of the Confederated Tribes of the Colville Reservation, 18 years of age or older may apply upon an application form provided by the Council for a Tobacco Outlet License. The application shall state, at minimum, the name, enrollment number, physical address of the applicant and outlet, and be signed by the applicant under oath.

6-8-5 TOBACCO OUTLET LICENSE

Upon approval of an application, the Council shall issue the applicant a Tobacco Outlet License for a three year period which shall entitle the operator to establish and maintain one tobacco outlet on the Colville Reservation. The license shall be renewable in such manner as the Council shall prescribe and shall be non-transferrable. If the terms of the license are not violated after expiration, the license shall automatically be renewed.

6-8-6 TRADER'S LICENSE

No Tobacco Outlet License shall be issued until the operator has obtained a Federal Indian Trader's license from the Superintendent of the Colville Indian Agency. Revocation of the Federal Trader's License shall be ground for revocation of the operator's Tobacco Outlet License.

6-8-7 APPLICATION FOR CIGARETTE ALLOCATION

An operator may apply to the Executive Director for a cigarette allocation. The application shall state at minimum the number of cartons requested, the voting district, and be signed by the applicant.

6-8-8 CIGARETTE ALLOCATION

Upon partial or full approval or denial of an application for a cigarette allocation, the Executive Director shall provide the operator with written notice of the decision by certified mail within 10 days.

6-8-9 PURCHASES IN EXCESS OF ALLOCATION

No operator receiving an allocation from the Tribes shall knowingly attempt to purchase cigarettes from the Tribes' allocation from any wholesaler in excess of said operator's annual allocation.

6-8-10 ADMINISTRATIVE FEE ASSESSMENT

The Executive Director may impose a fee or fees to Tobacco Outlets for each carton of cigarettes received by the outlet from the Tribes' cigarette allocation.

6-8-11 RESTRICTED SALES TO MINORS

An operator may not sell or allow to be sold any tobacco products to any person under the age of 18 years.

6-8-12 TRIBAL IMMUNITY- LIABILITY

An operator shall not attempt or be authorized to waive the sovereign immunity of the Tribes from suit, nor shall such operator attempt or be authorized to create any liability on behalf of the Tribes.

6-8-13 OPERATING WITHOUT LICENSE

No person who wishes to sell part of the Tribes' cigarette allocation shall operate a tobacco outlet on the Colville Reservation without having in effect a valid Tobacco Outlet License issued pursuant hereto.

6-8-14 LIABILITY INSURANCE

An operator shall maintain liability insurance upon his/her premises in the sum of $100,000.00, and provide proof of insurance to the Tribes for active maintenance of his/her Tobacco Outlet License.

6-8-15 VIOLATIONS - REMEDIES

The Tribal Court is empowered to seize, attach, and forfeit all tobacco products belonging to any operator who shall be found in violation of this Chapter. In addition the Tribal Court may revoke the operator's Tobacco Outlet License; impose a fine of not more than $5000 per violation or jail for a period of not more than one year, or both.

6-8-16 SEPARABILITY

If any provision of this Chapter or its application to any person or circumstance is held invalid, the remainder of this Chapter, or the application of the provision to other persons or circumstances is not affected.