Tribal Code

Liquor and alcohol

WARM SPRINGS TRIBAL CODE
CHAPTER 725
LIQUOR AND ALCOHOL
ORDINANCE NO. 49

Table of Contents

Section 1. Alcoholic Liquor
Section 2. “To Sell” or “Sale” Defined
Section 3. Provisions of Ordinance
Section 4. Ownership of Liquor Establishments
Section 5. Consumption of Alcoholic Liquors on a Public Thoroughfare
Section 6. Consumption of Alcoholic Liquors
Section 7. Minors
Section 8. Employment
Section 9. Penalties
Section 10. Repeal of Section 19, Chapter VI of Ordinance 35

 

WARM SPRINGS TRIBAL CODE
CHAPTER 725
LIQUOR AND ALCOHOL
ORDINANCE NO. 49

WHEREAS, the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon adopted Ordinance No. 47 on the 29th day of April, 1971, authorizing the sale of intoxicating beverages within the exterior boundaries of the Warm Springs Reservation of Oregon by the Confederated Tribes, and

WHEREAS, such ordinance was approved by the Secretary of the Interior, or his authorized representative, and

WHEREAS, the Tribal Council desires to implement such ordinance and to establish some definitions and rules pertaining to intoxicating beverages,

NOW, THEREFORE, BE IT ENACTED by the Tribal Council of the Confederated Tribes of the Warm Springs Reservation of Oregon, pursuant to Article V of the Constitution, as follows:

Section 1. Alcoholic Liquor. Alcoholic liquor means any alcoholic beverage containing more than one half of one percent alcohol by volume, and every liquid or solid, patented or not, containing alcohol and capable of being consumed by a human being.

Section 2. ” To Sell” or “Sale” Defined.

  1. Whenever the words “sell” or “to sell” refer to anything forbidden by this ordinance and related to alcoholic liquor, they include: (a) To solicit or receive an order. (b) To keep or expose for sale. (c) To deliver for value or in any way other than purely gratuitously. (d) To peddle. (e) To keep with intent to sell. (f) To traffic in. (g) For any consideration, promise or obtain directly or indirectly or under any pretext or by any means to procure or allow to be procured for any other person.
  2. The word “sale” includes every act of selling as defined in subsection (1) of this section.

Section 3. Provisions of Ordinance. It shall be unlawful for any person to sell, trade or manufacture any alcoholic liquor on the Warm Springs Indian Reservation except as provided for in this ordinance.

Section 4. Ownership of Liquor Establishments. All commercial liquor establishments on the Warm Springs Indian Reservation shall be tribally owned and further it shall be unlawful for any other business establishment or person on the Warm Springs Reservation to possess, transport or keep with intent to sell, barter, or trade to another, any liquor.

Section 5. Consumption of Alcoholic Liquors on a Public Thoroughfare. It shall be unlawful for any person to consume alcoholic liquor on a public thoroughfare.

Section 6. Consumption of Alcoholic Liquors. It shall be unlawful for any person to publicly consume any alcoholic liquor at any community function, at or near any place of business, except within a tribally owned establishment where alcohol is sold, Indian celebration grounds, recreational areas, including ball parks, and public camping areas, the agency compound area and any other area where minors gather for meetings or recreation.

Section 7. Minors. It shall be unlawful for any person under the age of 21 years to buy, attempt to buy or to misrepresent their age in attempting to buy alcoholic liquor. It shall be unlawful for any person under the age of 21 years to transport, possess or consume any alcoholic liquor on the Warm Springs Indian Reservation. No person shall sell or furnish alcoholic liquor to any minor.

Section 8. Employment. No person shall be hired to work in a tribally owned liquor establishment if they are a minor.

Section 9. Penalties. For violation of any section of this Ordinance the person so convicted shall be subject to a fine not to exceed Three Hundred Sixty Dollars ($360) or shall be sentenced to jail for a period not to exceed six months, or both.

Section 10. Repeal of Section 19, Chapter VI of Ordinance 35. Section 19, Chapter VI of Ordinance 35 is hereby repealed.

Certification

The undersigned as Secretary-Treasurer of the Confederated Tribes of the Warm Springs Reservation of Oregon, hereby certifies that the Tribal Council is composed of 11 members, of whom 9 constituting a quorum were present at a meeting thereof, duly and regularly called, noticed, convened and held this 8th day of September, 1971; and that the foregoing ordinance was passed by affirmative vote of 6 members, two abstaining, and the Vice-Chairman not voting; and that the foregoing ordinance has not been rescinded in any way.

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