Chapter 3.08
LIQUOR ORDINANCE
Sections:
Subchapter 1. General
3.08.010 Findings and purpose.
3.08.030 Relation to other Tribal laws.
3.08.060 Conformity with state law.
Subchapter 2. Miscellaneous
3.08.070 Puyallup Liquor Distribution Agency created.
3.08.080 Sovereign immunity preserved.
3.08.090 Puyallup Liquor Commission.
3.08.160 Entertainment activities.
Subchapter 1. General
3.08.010 Findings and purpose.
(a) The introduction, possession and sale of liquor on Indian reservations have, since treaty time, been clearly recognized as matters of special concern to Indian tribes and to the United States federal government. The control of liquor on reservations remains exclusively subject to their legislative enactments.
(b) Beginning with the Treaty of Medicine Creek, 10 Stat. 1132, Article 9, to which the ancestors of the Puyallup Indian Tribe were parties, the federal government has respected this tribe’s determinations and activities on the Puyallup Indian Reservation. At treaty time, this Tribe’s ancestors desired to exclude “ardent spirits” from their Reservation; and federal law currently prohibits the introduction of liquor into Indian country (18 U.S.C. 1154), leaving tribes the 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 Puyallup Indian Reservation ineffective and unrealistic. At the same time, the need still exists for strict Tribal regulation and control over liquor distribution.
(d) The enactment of a Tribal ordinance governing liquor sales on the Reservation and providing for exclusive purchase and sale through the Tribal enterprise 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 of the Tribal government and delivery of Tribal government 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 Tribal Council of the Puyallup Indian Tribe hereby adopts this Liquor Ordinance. [Res. 07911-23A (11/23/79) § 1; prior code § 3.02.010]
3.08.020 Title.
This chapter shall be known as the Puyallup Liquor Ordinance. [Res. 07911-23A (11/23/79) § 2; prior code § 3.02.020]
3.08.030 Relation to other Tribal laws.
All prior ordinances and resolutions of the Puyallup Indian Tribe regulating, authorizing, prohibiting or in any way dealing with the sale of liquor are hereby repealed and of no further force and effect and no Tribal business licensing law or other Tribal law shall be applied in a manner inconsistent with the provisions in this chapter. [Res. 07911-23A (11/23/79) § 3; prior code § 3.02.030]
3.08.040 Definitions.
(a) The definitions of “alcohol,” “liquor,” “sale,” “sell,” and “spirits and wine” contained in RCW 66.04.010(1), (16), (27), (29), and (35) are hereby adopted.
(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) “Liquor” includes the four varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous, or malt liquor or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semisolid, solid, or other substance which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating.
(d) “Sale” and “sell” include exchange, barter, and traffic, and also include the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also include a sale or selling within the state to a foreign consignee or his agent in the state.
(e) “Wine” means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, et cetera) 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 17 percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelica, not exceeding 17 percent of alcohol weight. [Res. 07911-23A (11/23/79) § 4; prior code § 3.02.040]
3.08.050 Prohibitions.
The introduction, purchase, sale, and dealing in liquor, other than in a manner authorized by this chapter, is prohibited within the exterior boundaries of the Puyallup Indian Reservation and it is hereby declared an offense under Tribal law. The federal Indian liquor laws are intended to remain applicable to any act or transaction which is not authorized by this chapter and violators of this chapter shall be subject to federal prosecution as well as to legal action in accordance with Tribal law. It is intended that possession of liquor by any person now prohibited by federal law from possessing liquor shall be lawful so long as the possession is in conformity with this chapter. [Res. 07911-23A (11/23/79) § 5; prior code § 3.02.050]
3.08.060 Conformity with state law.
Tribal authorized liquor transactions shall comply with Washington State liquor law standards to the extent required by 18 U.S.C. 1161. [Res. 07911-23A (11/23/79) § 6; prior code § 3.02.060]
Subchapter 2. Miscellaneous
3.08.070 Puyallup Liquor Distribution Agency created.
(a) There is hereby created a Liquor Distribution Agency. The Puyallup Tribal Council shall decide upon its formal designated name and whether it is to operate either independently or as a subdivision of another Tribal division. This Agency shall be constituted to function as part of the Puyallup Tribal government.
(b) The Manager of this Agency shall have the following powers and duties in regard to this Agency:
(1) To manage this Liquor Agency for the benefit of the Tribe.
(2) To purchase, in the name of the Tribe, liquor products from wholesale distributors and distribute them to such Tribal enterprise outlets as he deems appropriate.
(3) To establish, with the Council and subject to its approval, such administrative procedures that are necessary to govern the operation of the Agency.
(4) To report and account to the Council at least twice a year regarding the operation and financial status of the Agency. The Council and the Manager shall establish the dates on which such accounting shall take place. The Council may require more frequent accounting if deemed necessary. The Manager’s reports and all written reports, accounts and records of the Council’s proceedings in regard to the Liquor Agency shall be available for inspection to any Puyallup Indian Tribal member, upon demand.
(5) To hire and set the salaries of additional personnel, subject to Council approval, as s/he deems necessary to the successful operation of the Agency.
(6) To supervise all Agency employees.
(7) To purchase, with Council approval, and maintain the division’s real and personal property.
(8) To collect the Puyallup Indian liquor excise taxes.
(9) To transfer all tax revenues to the Tribal treasurer for deposit in the Tribal Tax Fund, and to transfer to the Tribal treasurer for deposit in the Tribe’s General Fund all other revenue not reasonably foreseen as being required for the operation of the Agency.
(10) To maintain all other division revenues in a special account, under direction from the Tribal treasurer. With the written approval of at least one Council person, funds may be withdrawn from this account by the Manager for the wholesale purchase of liquor products to be sold pursuant to this chapter for payment of salaries and business expenses of employees of the division, and for the purchase and upkeep of real and personal property required for the Agency’s operation.
(11) To set the retail price for liquor products, in cooperation with the Council.
(12) To obtain and maintain in full force and effect a policy of general liability insurance covering any owned or leased liquor outlet premises in an amount set by the Council. The policy shall contain the stipulation that the Puyallup Tribe shall be given 10 days notice of the proposed cancellation or expiration of such policy. Managers shall submit to the Council a certificate of insurance from such policy and shall have available for inspection a complete copy of such policy.
(13) The Manager shall be bonded for such additional amount and for such additional purposes as the Council shall determine to be appropriate in managing the Liquor Department. [Res. 07911-23A (11/23/79) § 7; prior code § 3.02.110]
3.08.080 Sovereign immunity preserved.
Nothing in this chapter is intended or shall be construed as a waiver of the sovereign immunity of the Puyallup Tribe. No Manager or employee of the Agency shall be authorized, nor shall s/he attempt, to waive the immunity of the Tribe. [Res. 07911-23A (11/23/79) § 8; prior code § 3.02.120]
3.08.090 Puyallup Liquor Commission.
There is hereby created a Puyallup Liquor Commission. The members of the Tribal Council of the Puyallup Indian Tribe shall serve as the Puyallup Liquor Commission. The Commission is empowered to:
(a) Administer this chapter, by exercising general control, management, and supervision of all liquor sales, places of sale, and sales outlets as well as exercising all powers necessary to accomplish the purposes of this chapter;
(b) Adopt and enforce rules and regulations in furtherance of the purpose of this chapter in the performance of administrative functions. [Res. 07911-23A (11/23/79) § 9; prior code § 3.02.130]
3.08.100 Excise tax levy.
(a) There is hereby levied and shall be collected an excise tax upon each retail sale of liquor, except beer and wine, and whatever packages or container, in the amount of $0.03 per fluid ounce or fraction thereof contained in such package or container. There is hereby levied and shall be collected an excise tax upon each retail sale of beer and wine in the original package in the amount of five percent of the selling price. Said taxes shall be added to the sales price of the liquor sold and shall be paid by the buyer to the Puyallup Liquor Distribution Agency (or by whatever name it shall be known) who shall collect the same and hold them in trust for the Puyallup Indian Tribe until deposited as provided in PTC 3.08.070(b)(9). The taxes provided for herein shall be the only taxes applicable to activities of the Puyallup Liquor Distribution Agency.
(b) These taxes which shall be deposited, through the Tribal Treasurer, as provided in PTC 3.08.070(b)(9), shall be used for the benefit of the Reservation and Tribal community. In appropriating from these tax revenues, the Council shall give priority to:
(1) Strengthening Tribal government, which shall include but not be limited to strengthening Tribal Court and Law Enforcement systems and the system for administering and enforcing this chapter.
(2) Health, education, and other social services, and land acquisition and development needs.
(3) Enhancing equal business opportunities for Tribal members and the Tribal Enterprise Division.
(4) Providing other reasonable and necessary services to Tribal members.
The Council shall have discretion to determine which of the above priorities shall receive an appropriation and the amount of the appropriation for a given priority.
(c) The Manager shall keep such records as shall be sufficient for the Tribal Tax Administrator to determine the amount of tax owing and shall complete tax returns in accordance with instructions from the Tribal Tax Administration.
(d) Amendments to the amounts and type of taxes levied on Reservation liquor dealings may be made from time to time by approval of the Puyallup Tribal Council after consultation with the Liquor Distribution Agency Manager. [Res. 07911-23A (11/23/79) § 10; prior code § 3.02.140]
3.08.110 Penalty.
Any person or entity selling, bartering or manufacturing liquor without a Tribal license, or otherwise violating this chapter, shall be subject to a civil fine of not more than $500.00 for each violation. In addition, any person or entity subject to criminal prosecution by the Tribe who sells, barters, or manufactures liquor without a Tribal license shall be subject to a fine of $500.00 and/or six months imprisonment for each separate violation, at the discretion of Tribal Court and pursuant to all appropriate provisions of the Law and Order Code of the Puyallup Tribe of Indians (PTC Title 5). [Res. 07911-23A (11/23/79) § 11; prior code § 3.02.150]
3.08.120 Severability.
If any provision or application of this chapter is determined by review to be invalid, such adjudication shall not be held to render such provision inapplicable to other persons or circumstances. [Res. 07911-23A (11/23/79) § 12; prior code § 3.02.160]
3.08.130 Effective date.
This chapter shall be effective on such date as the Secretary of the Interior certifies this chapter and publishes the same in the Federal Register. [Res. 07911-23A (11/23/79) § 13; prior code § 3.02.170]
3.08.140 Amendments.
All provisions of this chapter and regulations promulgated by the Puyallup Liquor Commission are subject to proper revision, repeal, or amendment. [Res. 07911-23A (11/23/79) § 14; prior code § 3.02.180]
3.08.150 Jurisdiction.
The jurisdiction of this chapter shall extend only to those activities regulated by said chapter conducted on trust property within the exterior boundaries of the Puyallup Reservation, any other provision of this chapter or other Tribal law notwithstanding. [Res. 0802-26A (02/26/1980); Res. 07911-23A (11/23/79) § 15; prior code § 3.02.190]
3.08.160 Entertainment activities.
Any entertainment activities whatsoever being conducted within premises (or on their surrounding grounds) subject to the jurisdiction of the Puyallup Liquor Commission, without the prior written approval of said Commission, are hereby prohibited; provided, that said activities involving musical bands and singers commonly accepted by our community as not immoral or lewd are hereby excepted from this prohibition. [Res. 8108-20B (08/20/81)]