TITLE XIV - TRIBAL LICENSES AND PERMITS

TITLE XIV - TRIBAL LICENSES AND PERMITS

CHAPTER 1. LIQUOR LICENSES AND PERMITS

Sec. 101.

Conformity with State Law and This Ordinance.

The introduction, possession, transportation, and sale of intoxicating beverages shall be

lawful within the Indian country under the jurisdiction of the Tribe, provided that such

introduction, possession, transportation, and sale are in conformity with the laws of the State of

Louisiana and with the provisions of this Ordinance.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 102.

Tribal License or Permit Required.

No person shall engage in the sale of intoxicating beverages within the Indian country

under the jurisdiction of the Tribe, unless duly licensed or permitted to do so by the Tribe in

accordance with the terms of this Ordinance and the State of Louisiana.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 103.

Application for Tribal Liquor License; Requirements.

No tribal license shall issue under this Ordinance except upon a sworn application filed

with the Council containing a full and complete showing of the following:

(a) Satisfactory proof that the applicant is or will be duly licensed by the State of

Louisiana.

(b) Satisfactory proof that the applicant is of good character and reputation among the

people of the Reservation and that the applicant is financially responsible.

(c) The description of the premises in which the intoxicating beverages are to be sold,

proof that the applicant is the owner of such premises, or lessee of such premises, for at least the

term of the license.

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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(d) Agreement by the applicant to accept and abide by all conditions of the tribal license.

(e) Payment of a $ 250.00 fee, is prescribed by the Council.

(f) Satisfactory proof that neither the applicant nor the applicant's spouse has ever been

convicted of a felony.

(g) Satisfactory proof that notice of the application has been posted in a prominent,

noticeable place on the premises where intoxicating beverages are to be sold for at least 30 days

prior to consideration by the Council and has been published at least twice in such local newspaper

serving the community that may be affected by the license as the Tribal Chairman or Secretary

may authorize.

The notice shall state the date, time and place when the application shall be considered by

the Council pursuant to Section 104 of this Ordinance.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 104.

Hearing on Application for Tribal Liquor License.

All applications for a tribal liquor license shall be considered by the Council in open

session at which the applicant, his attorney and any person protesting the application shall have the

right to be present, and to offer sworn oral or documentary evidence relevant to the application.

After the hearing, the Council, by secret ballot, shall determine whether to grant or deny the

application, based on;

(1) whether the requirements of Section 103 have been met, and;

(2) whether the Council, in its discretion, determines that granting the license is in

the best interests of the Tribe.

In the event that the applicant is a member of the Tribal Council, or a member of the

immediate family of a Council member, such member shall not vote on the application or

participate in the hearings as a Council member.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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105.

Temporary Permits.

The Council or their designee may grant a temporary permit for the sale of intoxicating

beverages for a period not to exceed three (3) days to any person applying for the same in

connection with a tribal or community activity, provided that the conditions prescribed in Sections

106(b), 106(c), 106(d), 106(h), and 106(i) of this Ordinance shall be observed by the permittee.

Each permit issued shall specify the types of intoxicating beverages to be sold. Further, a fee of

$25.00 will be assessed on temporary permits.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 106.

Conditions of the Tribal License.

Any tribal license issued under this Title shall be subject to such reasonable conditions as

the Council shall fix, including, but not limited to the following:

(a) The license shall be for a term of one year.

(b) The license shall at all times maintain an orderly, clean, and neat establishment, both

inside and outside the licensed premises.

(c) The licensed premises shall be subject to patrol by the Tribal Police Department, and

such other law enforcement officials as may be authorized under federal or tribal law.

(d) The licensed premises shall be open to inspection by duly authorized tribal officials at

all times during the regular business hours.

(e) Subject to the provisions of subsection "f" of this section, no intoxicating beverages

shall be sold, served, disposed of, delivered, or given to any person, or consumed on the licensed

premises except in conformity with the hours and days prescribed by the laws of the State of

Louisiana, and in accordance with the hours fixed by the Council, provided that the licensed

premises shall not operate or open earlier or operate or close later than is permitted by the laws of

the State of Louisiana.

(f) No liquor shall be sold within 200 feet of a polling place on tribal election days, or

when a referendum is held of the people of the Tribe, and including special days of observance as

designated by the Council.

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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(g) All acts and transactions under authority of the tribal liquor license shall be in

conformity with the laws of the State of Louisiana, and shall be in accordance with this Ordinance

and any tribal license issued pursuant to this Ordinance.

(h) No person under the age permitted under the law of the State of Louisiana shall be

sold, served, delivered, given or allowed to consume alcoholic beverages in the licensed

establishment and/or area.

(i) There shall be no discrimination in the operations under the tribal license by reason of

race, color or creed.

Provided, that the Council shall not grant to the licensee, by way of a condition of the

license, or otherwise, any privilege or benefit relating to the hours and days of operation of the

licensed premises, greater than those permitted by the laws of the State of Louisiana.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 107.

License Not a Property Right.

Notwithstanding any other provision of this Ordinance, a tribal liquor license is a mere

permit for a fixed duration of time. A tribal liquor license shall not be deemed a property right or

vested right of any kind, not shall the granting of a tribal liquor license give rise to a presumption

or legal entitlement to the granting of such license for a subsequent time period.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 108.

Assignment or Transfer.

No tribal license issued under this Ordinance shall be assigned or transferred without the

written approval of the Council expressed by formal resolution.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 109.

Cancellation and Suspension.

Any license issued hereunder may be suspended or canceled by the Council for the breach

of any of the provisions of this Ordinance, or of the tribal license, upon hearing before the Council

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

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after 10 day notice to the licensee. The decision of the Council shall be final.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 110.

Allocation of Fees.

Any and all License and/or Permit fees collected pursuant to Chapter 1. shall be utilized for

public works.

(Added by Ordinance #8-93; Adopted: May 10, 1993; Effective: November 1, 1993)

Sec. 111.

Limitation of Liability for loss connected with Sale, Serving, or

Furnishing of Alcoholic Beverages.

Neither the Tribe nor any person or entity, nor any agent, servant, or employee of such a

person or entity who, on the Reservation, pursuant to appropriate licensure, sells or serves

intoxicating beverages of either high or low alcoholic content to a person over the age for the

lawful purchase thereof, shall be liable to such person or to any other person or to the estate,

successors, or survivors of either for any injury suffered on or off the premises, including wrongful

death and property damage, because of the intoxication of the person to whom the intoxicating

beverages were sold or served.

(Added by Ordinance #5-95; Adopted: May 25, 1995; Effective: September 9, 1997)

Chitimacha Comprehensive Codes of Justice

Adopted: December 5, 1989; Effective: August 14, 1990

Title XIV

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