Motor vehicle fuels

WARM SPRINGS TRIBAL CODE
CHAPTER 727
MOTOR VEHICLE FUELS
ORDINANCE NO. 97

Table of Contents

SECTION 727.01 TITLE
SECTION 727.02 PURPOSE
SECTION 727.03 DEFINITIONS
SECTION 727.04 MOTOR FUELS LICENSE
SECTION 727.05 MOTOR FUELS LICENSE – APPLICATION AND RENEWAL
SECTION 727.06 MOTOR FUELS LICENSE CRITERIA
SECTION 727.07 FUEL SALES
SECTION 727.08 TAX COLLECTION, REPORTING AND AUDITS.
SECTION 727.09 TRIBAL SOVEREIGN IMMUNITY
SECTION 727.10 OPERATING WITHOUT A LICENSE
SECTION 727.11 RULEMAKING AUTHORITY
SECTION 727.12 PENALTIES
SECTION 727.13 SEVERABILITY
SECTION 727.14 EFFECTIVE DATE

WARM SPRINGS TRIBAL CODE
CHAPTER 727
MOTOR VEHICLE FUELS
ORDINANCE NO. 97

SECTION 727.01 TITLE

This Ordinance shall be known as the Motor Vehicle Fuels Ordinance of the Confederated Tribes of the Warm Spring Reservation of Oregon.

SECTION 727.02 PURPOSE

The purpose of this Ordinance shall be to provide for the licensing and regulation of motor vehicle fuel and diesel fuel sales and distribution within the boundaries of the Warm Spring Indian Reservation.

SECTION 727.03 DEFINITIONS

For the purpose of this Ordinance, unless otherwise required by context, the terms used herein shall have the following meanings:

1. “Fuel”’ or “Motor Fuels” mean flammable hydrocarbon liquid, including blended gasoline of any type and diesel fuel used primarily in internal combustion engines for the generation of power for the propulsion of motor vehicles.
2. “Retail Facility” or “Outlet” means any store, shop building or place of business where any amount of fuel is delivered and/or received by any method for the purpose sale, resale, use, distribution, or giving away by any retainer with in the Reservation.
3. “Retailer”, “Seller”, or “Operator” means any person who sell, resells, uses, distribution, or gives away any amount of fuel from any retail facility generally dispensing such fuel into the fuel supply tank of motor vehicles.
4. “Sale” or “Sell” means the transfer of ownership, title, or possession to another person in exchange for a consideration and includes the transfer or possession on consignment basis.
5. “Person” means any individual whether Indian or non-Indian, or any other organization, including but not limited to sole proprietorships, partnerships, joint venture, trusts, estates, unincorporated association, or corporations, and governments, or any division, department, or agency of any of the foregoing.
6. “Reservation” mean the Warm Springs Indian Reservation and is defined as Indian country as defined by 25 U.S.C. section 1903(10) and 18 U.S.C. section 1151, which includes all trust land whether within the original reservation or subsequently acquired all Indian Allotments and all lands located within the exterior boundaries of the Warm Springs Indian Reservation notwithstanding the issuance of any patent, and including rights-of-way.
7. “Tribe” means the Confederated Tribes of the Warm Springs Reservation of Oregon.

SECTION 727.04 MOTOR FUELS LICENSE

1. Any person that, as of the date of enactment of this Ordinance, engages in the sale of motor fuels shall first obtain from the Tribe’s Office of the Secretary- Treasurer a motor fuels license for such sales and shall obtain a license within thirty (30) days from the date of this Ordinance its adoption by the Warm Springs Tribal Council.
2. After the date of enactment of this Ordinance by the Warm Springs Tribal Council, any person proposing to engage in the sale of motor fuels must first obtain a motor fuels license for such sales and shall apply to obtain from the Tribe’s Office of the Secretary-Treasurer the motor fuels license at least thirty
   (30) days prior to operation of such business.
3. A motor fuels license must be secured and maintained for each calendar year or fraction thereof, ending on December 31st, during which a person seeks to operate as a licensee.
4. No motor fuels license issued shall be transferable.
5. The motor fuels license fee is twenty-five dollars ($25.00), which shall be collected prior to the issuance or renewal of the license. The license fee shall be waived for Tribal members and the Tribe.

SECTION 727.05 MOTOR FUELS LICENSE – APPLICATION AND RENEWAL

1. Application for a motor fuels license shall be on such forms and containing such information as the Tribe may require. The motor fuels license application shall be fully completed by the applicant or a duly authorized representative. The application shall state the name and address of the applicant, the location of the fuel outlet, the beginning date for which the license is requested, a description of any other retail or commercial business conducted or to be conducted by the applicant at the location of the fuel outlet and all other information as may be required, and shall be signed by the applicant under oath.
2. If a person fails to provide or furnish any information required by the motor fuels license application the Tribe shall inform itself as best it can as to the matters necessary to be known with respect to the motor fuels license application of that person.
3. The Tribe’s Office of the Secretary-Treasurer shall have the authority to approve or deny motor fuels license application.
4. Any appeal or challenge of a denial of a motor fuel license by the Tribe’s Office of the Secretary-Treasurer must us be filed within thirty (30) days from the date of the notice of denial with the Warm Springs Tribal Court of Appeals. Failure to file a timely appeal shall result in the irrevocable and non-appealable waiver by the applicant of a motor fuel license of the right to appeal or challenge the determination of the Tribe’s Office of the Secretary-Treasurer.
5. Prior to or upon the expiration of any motor fuels license, the operator may apply for renewal of a license by filing a renewal application with the Tribe’s Office of the Secretary-Treasurer. Renewal applications shall be subject to all conditions and requirements applicable to an initial application and must include the twenty- five dollar ($25.00) renewal license fee. The renewal license fee shall be waived for Tribal members and the Tribe.

SECTION 727.06 MOTOR FUELS LICENSE CRITERIA

1. No application for the motor fuels license shall be granted unless: (a) The applicant has paid the required license fee and submitted a completed application form; (b) The applicant is at least 21 years of age; (c) The applicant is determined to be of good moral character; (d) The location proposed for the fuel outlet complies with all applicable tribal ordinances laws, and statutes, including all building and zoning codes; (e) The applicant is in compliance with all applicable tribal ordinances, laws, and statutes including taxation, and the tribal employment rights; (f) The applicant is in compliance with all provision of the Warm Springs/Oregon Department of Transportation (“ODOT”) motor fuels tax refund Memorandum of Agreement (approved by Tribal Resolution 12,143).
2. The conditions described in this section are not exclusive and the Warm Springs Tribal Council or its authorized representative may impose any other conditions that it deem necessary to safeguard and promote the safety, health, and general welfare of the Reservation.

SECTION 727.07 FUEL SALES

No fuel within the Reservation shall be sold, used, or distributed that does not comply with all provisions of this Ordinance.

SECTION 727.08 TAX COLLECTION, REPORTING AND AUDITS.

All retail facilities or outlets licensed under this Ordinance shall file the following report with the ODOT and include any taxes due and owing:

The Use Fuel Seller Tax Report, or its equivalent (as approved by the Tribe and ODOT) on or before the 20th day of the month following the calendar month in which the Fuel was sold, used, or distributed.

All dealers licensed by this Ordinance shall permit the Tribe and ODOT (or other authorized State officials) to review the books and records supporting all gasoline and diesel fuel transactions during normal business hours and with reasonable advance notice, and shall maintain the original books and records for a period of three years.

SECTION 727.09 TRIBAL SOVEREIGN IMMUNITY

Nothing in this Ordinance shall be construed as a waiver of sovereign immunity by the Confederated Tribes of the Warm Springs Reservation or Oregon.

SECTION 727.10 OPERATING WITHOUT A LICENSE

It shall be unlawful for any person to engage in the business of selling or distributing motor fuels within the boundaries of the Warm Springs Indian Reservation without having a valid motor fuels license issued pursuant to this Ordinance.

SECTION 727.11 RULEMAKING AUTHORITY

The Warm Springs Tribal Council shall delegate to the Tribe’s Office of the Secretary-Treasurer the authority to prescribe such rules and regulations, as such office deems necessary for the implementation and administration of the provisions of this Ordinance.

SECTION 727.12 PENALTIES

1. The Warm Springs Tribal Court shall have exclusive jurisdiction of all violations of this Ordinance committed within the boundaries of the Warm Springs Indian Reservation. All alleged violations shall be presented to the Tribal Court by the Office of the Secretary-Treasurer.
2. In the event the Tribal Court shall by a preponderance of the evidence determine that an operator of a motor fuel outlet was in violation of this Ordinance, the Tribal Court may punish such operator by any, all, or any combination of the following: (a) A fine not to exceed $1,000.00; (b) Suspension or revocation of the motor fuels license.

SECTION 727.13 SEVERABILITY

If any provision this Ordinance or its application to any person or circumstance is held invalid by a final judgement of a court of competent jurisdiction, the invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision application, and to this end the provision of this Ordinance are severable.

SECTION 727.14 EFFECTIVE DATE

This Ordinance shall be effective thirty (30) days following the date of approval by the Warm Springs Tribal Council.