INTERGOVERNMENTAL RULES AND REGULATIONS
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TITLE 6
INTERGOVERNMENTAL RULES AND REGULATIONS
CHAPTER 6-1
ENROLLMENT ORDINANCE ..........................................................................................1
§6-1-1
Definitions........................................................................................1
§6-1-2
Enrollment Application Procedures .................................................1
§6-1-3
Application Processing ....................................................................2
§6-1-4
Determination of Blood Quantum or Degree...................................3
§6-1-5
Termination of Enrollment ..............................................................4
§6-1-6
Voluntary Relinquishment of Enrollment ........................................5
§6-1-7
Enrollment Records .........................................................................6
§6-1-8
Resolutions .......................................................................................6
§6-1-9
Enrollment Cards; Certification of Indian Blood.............................6
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
TITLE 6
INTERGOVERNMENTAL RULES AND REGULATIONS
Ch. 6.20 Gaming Ordinance
TABLE OF CONTENTS
PART I.
GENERAL PROVISIONS ..................................................................................1
Section 6.20.001
Section 6.20.002
Section 6.20.003
Section 6.20.004
Section 6.20.005
Section 6.20.006
Section 6.20.007
Section 6.20.008
PART II.
AUTHORIZED GAMBLING ACTIVITIES........................................................8
Section 6.20.009
Section 6.20.010
Section 6.20.011
Section 6.20.012
PART III.
Section 6.20.019
Section 6.20.020
Section 6.20.021
Section 6.20.022
Section 6.20.023
Section 6.20.024
Section 6.20.025
Section 6.20.026
Licenses for Gaming Facilities .......................................................................... 23
VENDOR LICENSES.......................................................................................24
Section 6.20.028
Section 6.20.029
TITLE 6
Applications for Key Employee and Primary Management Official
Positions .............................................................................................................. 13
Background Investigations ................................................................................ 14
Procedures for Background Investigations ....................................................... 16
Eligibility Determination ................................................................................... 17
Notice of Results ................................................................................................. 17
Issuing and Revoking Primary Management Official and Key
Employee Licenses ............................................................................................. 18
Denying Primary Management Official and Key Employee Gaming
Licenses ............................................................................................................... 20
Notice and Appeal of Decisions of the Nez Perce Tribal Gaming
Commission ......................................................................................................... 21
Records Retention ............................................................................................... 22
GAMING FACILITY LICENSES ....................................................................23
Section 6.20.027
PART VI.
General Gaming Operation Requirements ....................................................... 10
Inspection of Premises ....................................................................................... 12
Penalties for Violations ...................................................................................... 12
Exclusion of Individuals from Gaming.............................................................. 12
Non-Licensing Dispute Resolution Process ...................................................... 13
INDIVIDUAL LICENSES ................................................................................13
Section 6.20.018
PART V.
Class I Gaming ..................................................................................................... 8
Class II Gaming .................................................................................................... 8
Class III Gaming .................................................................................................. 9
Gaming Prohibited ............................................................................................... 9
GAMING OPERATIONS .................................................................................10
Section 6.20.013
Section 6.20.014
Section 6.20.015
Section 6.20.016
Section 6.20.017
PART IV.
Definitions ............................................................................................................. 1
Purpose .................................................................................................................. 4
Ownership of Gaming and Use of Gaming Revenue .......................................... 4
Severability ........................................................................................................... 5
Amendment ........................................................................................................... 5
Sovereignty ........................................................................................................... 5
Nez Perce Tribe Gaming Commission Established ............................................ 6
Powers and Duties of the Nez Perce Tribal Gaming Commission and
of the Nez Perce Tribal Executive Committee .................................................... 7
Licenses for Vendors .......................................................................................... 24
Submission of a Vendor License Application .................................................... 24
CH. 6.20 GAMING ORDINANCE
TOC - i
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
Section 6.20.030
Section 6.20.031
Section 6.20.032
Section 6.20.033
Section 6.20.034
TITLE 6
Contents of the Vendor License Application..................................................... 24
Vendor Background Investigations ................................................................... 26
Vendor Background Investigation Reports ....................................................... 26
Vendors Licensed By Recognized Regulatory Authorities ............................... 26
Compliance with Federal Law ........................................................................... 26
CH. 6.20 GAMING ORDINANCE
TOC - ii
CHAPTER 6-3
FIREWORKS ORDINANCE ..............................................................................................1
§6-3-1
Title ..................................................................................................1
§6-3-2
Purpose.............................................................................................1
§6-3-3
Jurisdiction .......................................................................................1
§6-3-4
Definitions........................................................................................1
§6-3-5
Wholesale License ...........................................................................2
§6-3-6
Firework Retail License ...................................................................2
§6-3-7
Right to Deny License .....................................................................2
§6-3-8
Right to Close Fireworks Season .....................................................2
§6-3-9
Application .......................................................................................3
§6-3-10
Application Form .............................................................................3
§6-3-11
License Suspension or Revocation ..................................................3
§6-3-12
License Non-Transferrable ..............................................................3
§6-3-13
Duration of License..........................................................................3
§6-3-14
Operator ...........................................................................................4
§6-3-15
Employees of Licensee ....................................................................4
§6-3-16
Sale to Minors ..................................................................................4
§6-3-17
Intoxication ......................................................................................4
§6-3-18
Permitted Fireworks - Conformity with Federal Law......................4
§6-3-19
Discharge of Fireworks in Selling Area...........................................4
§6-3-20
Fire Safety ........................................................................................4
§6-3-21
Notice ...............................................................................................4
§6-3-22
Repeal ..............................................................................................5
§6-3-23
Non-Liability....................................................................................5
§6-3-24
Severability ......................................................................................5
§6-3-25
Requirements for Retail Operators ..................................................5
§6-3-26
Violations/Sanctions ........................................................................5
CHAPTER 6-4
NEZ PERCE TRIBAL COMMERCIAL BUILDING CODE.............................................1
§6-4-1
Title ..................................................................................................1
§6-4-2
Jurisdiction .......................................................................................1
§6-4-3
Adoption of Code .............................................................................1
§6-4-4
Definitions........................................................................................1
§6-4-5
Commercial Building Permits When Required ...............................1
§6-4-6
Electrical Inspection Verification ....................................................2
§6-4-7
Fees ..................................................................................................2
§6-4-8
Issue of Permits ................................................................................2
§6-4-9
Inspection and Enforcement ............................................................2
§6-4-10
Public Access to Code .....................................................................2
§6-4-11
Noncompliance ................................................................................2
§6-4-12
Review .............................................................................................3
§6-4-13
Severability ......................................................................................3
Fees ..................................................................................................4
CHAPTER 6-5
FOREST PROTECTION FIRE ORDINANCE...................................................................1
§6-5-1
Definitions........................................................................................1
§6-5-2
Fire ...................................................................................................1
§6-5-3
Spark Arresters.................................................................................1
§6-5-4
Cost of Fire Suppression and Protection ..........................................2
CHAPTER 6-6
FUEL TAX ORDINANCE ..................................................................................................1
§6-6-1
Definitions........................................................................................1
§6-6-2
Purpose.............................................................................................1
§6-6-3
Imposition of Tax .............................................................................1
§6-6-4
Distributor Licenses .........................................................................1
§6-6-5
Retailer Licenses ..............................................................................2
§6-6-6
Enforcement .....................................................................................2
§6-6-7
Distribution of Tax Revenues ..........................................................4
§6-6-8
Violations/Sanctions .......................................................................4
CHAPTER 6-7
TOBACCO AND LIQUOR ORDINANCE ........................................................................1
§6-7-1
Definitions........................................................................................1
§6-7-2
Distributor Licenses .........................................................................1
§6-7-3
Tobacco Outlet Licenses ..................................................................3
§6-7-4
Liquor Distributor and Outlet Licenses ...........................................5
§6-7-5
Sales to Minors Prohibited ...............................................................6
§6-7-6
Other Business by Operator .............................................................7
§6-7-7
Tribal Liability and Credit ...............................................................7
§6-7-8
Severability ......................................................................................7
§6-7-9
Assignment, Transfer, Sublease or Amendment of
Outlet Licenses.................................................................................7
§6-7-10
Enforcement Procedures ..................................................................7
CHAPTER 6-8
DOG ORDINANCE ............................................................................................................1
§6-8-1
Purpose.............................................................................................1
§6-8-2
Definitions........................................................................................1
§6-8-3
License Required .............................................................................1
§6-8-4
Collar and Tag..................................................................................2
§6-8-5
Licensing ..........................................................................................2
§6-8-6
Imitation License Tags Prohibited ...................................................2
§6-8-7
Rabies ...............................................................................................3
§6-8-8
Impounding ......................................................................................3
§6-8-9
Impounding Fees ..............................................................................3
§6-8-10
Miscellaneous Prohibited Acts ........................................................4
§6-8-11
Running at Large Prohibited ............................................................4
§6-8-12
§6-8-13
§6-8-14
§6-8-15
§6-8-16
§6-8-17
§6-8-18
§6-8-19
§6-8-20
§6-8-21
Interference with Officer..................................................................5
Penalty for Violations ......................................................................5
Dog Marshal and Designated Assistant ...........................................5
Female Dogs in Heat ........................................................................6
Sick Dogs Prohibited from Public Places ........................................6
Removal of Vicious Dogs from Nez Perce Reservation .................6
Citations, Prosecutions, Penalties ....................................................6
Civil Liability ...................................................................................6
Conflicting Ordinances ....................................................................7
Jurisdiction .......................................................................................7
CHAPTER 6-9
NEZ PERCE TRIBAL ATHLETIC COMMISSION ..........................................................1
§6-9-1
Establishment of Commission .........................................................1
§6-9-2
Purpose and Authorities of Commission .........................................1
§6-9-3
Membership of Commission ............................................................1
§6-9-4
Term of Membership ......................................................................1
§6-9-5
Meetings ...........................................................................................2
§6-9-6
Officers and Responsibilities ...........................................................2
§6-9-7
Open Meetings and Public Records .................................................2
§6-9-8
Event Permits ...................................................................................2
§6-9-9
Licensure of Event Participants .......................................................3
§6-9-10
Other Commission Rules and Regulations ......................................3
§6-9-11
Penalties ...........................................................................................4
CHAPTER 6-10
ELECTION ORDINANCE .................................................................................................1
§6-10-1
Definitions........................................................................................1
§6-10-2
Types of Elections............................................................................2
§6-10-3
Qualifications for Office ..................................................................2
§6-10-4
Filing for Office ...............................................................................2
§6-10-5
Certification of Candidates ..............................................................3
§6-10-6
Notice of Election ............................................................................3
§6-10-7
Absentee Voting...............................................................................3
§6-10-8
Polling Places and Times .................................................................5
§6-10-9
Terms of Office ................................................................................5
§6-10-10
Ballots ..............................................................................................5
§6-10-11
Ballot Boxes .....................................................................................5
§6-10-12
Voting Booths ..................................................................................6
§6-10-13
Poll Watcher.....................................................................................6
§6-10-14
Electioneering and Loitering............................................................7
§6-10-15
Voting Procedures ............................................................................7
§6-10-16
Tallying the Votes ............................................................................8
§6-10-17
Declaring the Winners .....................................................................8
§6-10-18
Recount ............................................................................................9
§6-10-19
Certification of Results ....................................................................9
§6-10-20
§6-10-21
§6-10-22
Incumbents .......................................................................................9
Date of Taking Office ......................................................................9
NPTEC Vacancies Arising After February 15
Filing Deadline.................................................................................9
CHAPTER 6-11
SALES TAX ORDINANCE................................................................................................1
§6-11-1
Purpose.............................................................................................1
§6-11-2
Imposition of Tax .............................................................................1
§6-11-3
Exemptions from Sales Tax .............................................................1
§6-11-4
Reporting..........................................................................................1
§6-11-5
Deposit of Sales Tax Revenue .........................................................1
§6-11-6
Penalties ...........................................................................................1
§ 6-12-1
Section Reserved
CHAPTER 6-13
HEMP REGULATORY CODE
PART I. GENERAL PROVISIONS ....................................................................................1
§6-13-1 Short Title ...................................................................................................1
§6-13-2 Findings and Purpose .................................................................................1
§6-13-3 Scope and Authority ...................................................................................2
§6-13-4 Industrial Hemp as an Agriculture Crop ....................................................2
§6-13-5 Jurisdiction .................................................................................................2
§6-13-6 Sovereign Immunity ...................................................................................3
§6-13-7 Exemption from Prosecution for Certain Acts ...........................................3
§6-13-8 Compliance with Federal Law ...................................................................3
§6-13-9 Savings Clause ...........................................................................................3
§6-13-10 Section Reserved ......................................................................................3
§6-13-11 Definitions ................................................................................................3
PART II. OVERSIGHT, AUTHORITY, AND THE AGRICULTURAL OFFICE ...........7
§6-13-12 Nez Perce Tribe Hemp Program ..............................................................7
§6-13-13 Agriculture Office ....................................................................................8
§6-13-14 Section Reserved ......................................................................................8
PART III. HEMP LICENSING ...........................................................................................8
§6-13-15 General – Annual Hemp License Required..............................................8
§6-13-16 License Applications ................................................................................8
§6-13-17 Grow Site Registration Application .........................................................9
§6-13-18 Terms and Conditions Acknowledgement .............................................10
§6-13-19 License Term ..........................................................................................11
§6-13-20 Annual Renewal .....................................................................................11
§6-13-21 Ineligible for a Hemp License ................................................................11
§6-13-22 Reserved .................................................................................................12
§6-13-23 Revocation of a License .........................................................................12
§6-13-24 Appeal of Denial of License...................................................................12
§6-13-25 Fees ......................................................................................................12
§6-13-26 Compliance and Enforcement ................................................................12
§6-13-27 Section Reserved ....................................................................................13
§6-13-28 Section Reserved ....................................................................................13
§6-13-29 Section Reserved ....................................................................................13
PART IV. REGISTERED LAND AREA CONTROLS....................................................13
§6-13-30 Land Use Restrictions and Site Modification ........................................13
§6-13-31 Location; Restrictions ............................................................................13
§6-13-32 Section Reserved ....................................................................................14
§6-13-33 Section Reserved ....................................................................................14
§6-13-34 Section Reserved ....................................................................................14
PART V. TRANSPORTATION........................................................................................14
§6-13-35 Transportation ........................................................................................14
§6-13-36 Section Reserved ....................................................................................14
§6-13-37 Section Reserved ....................................................................................14
§6-13-38 Section Reserved ....................................................................................14
§6-13-39 Section Reserved ....................................................................................14
PART VI. RECORDS AND REPORTS ...........................................................................15
§6-13-40 Agriculture Office Reports .....................................................................15
§6-13-41 Retention ................................................................................................15
§6-13-42 Privacy Protections .................................................................................15
§6-13-43 Reporting to the USDA ..........................................................................15
§6-13-44 Hemp Producer/Licensee Recordkeeping and Reporting ......................17
§6-13-45 Section Reserved ....................................................................................18
§6-13-46 Section Reserved ....................................................................................18
§6-13-47 Section Reserved ....................................................................................18
§6-13-48 Section Reserved ....................................................................................18
§6-13-49 Section Reserved ....................................................................................18
PART VII. INSPECTIONS, SAMPLING, AND TESTING ............................................18
§6-13-50 Inspections ..............................................................................................18
§6-13-51 Lab Accreditation ...................................................................................19
§6-13-52 Procedure for Sampling and Testing ......................................................19
§6-13-53 Methods for Sampling and Testing ........................................................20
§6-13-54 Compliance Sampling and Testing Prior to Harvest ..............................20
§6-13-55 Post-Testing Procedures .........................................................................21
§6-13-56 Federal Notice Required for Non-Compliant Test Results ....................22
§6-13-57 Remediation and Disposal of Non-Compliant Plants and Hemp
Products......................................................................................................22
§6-13-58 Section Reserved ....................................................................................24
§6-13-59 Section Reserved ....................................................................................24
PART VIII. HEMP LICENSE VIOLATIONS..................................................................24
§6-13-60 Negligent License Violations .................................................................24
§6-13-61 Corrective Action Plan ...........................................................................25
§6-13-62 Repeat Negligent Violations ..................................................................25
§6-13-63 Other Violations .....................................................................................26
§6-13-64 Revocations, Suspensions, Penalties, and Civil Enforcement ...............26
§6-13-65 Section Reserved ....................................................................................26
§6-13-66 Section Reserved ....................................................................................26
PART IX. MISCELLANEOUS .........................................................................................26
§6-13-67 Restrictions on Cannabis ........................................................................26
§6-13-68 Section Reserved ....................................................................................27
§6-13-69 Transfer, Sale, and Purchase of Hemp ...................................................27
§6-13-70 Other Licenses and Business Requirements...........................................27
PART X. APPENDICES ...................................................................................................29
USDA Sampling Guidelines for Hemp (Updated January 15, 2021)
USDA Testing Guidelines for Hemp (Updated January 15, 2021)
TITLE 6
INTERGOVERNMENTAL RULES AND REGULATIONS
CHAPTER 6-1
ENROLLMENT ORDINANCE
§6-1-1
Definitions
(a)
"NPTEC" means the Nez Perce Tribal Executive Committee.
(b)
"Enrollment Committee" means that Committee or Subcommittee of NPTEC
assigned responsibility for overseeing Nez Perce Tribal membership procedures.
§6-1-2
Enrollment Application Procedures
(a)
Applications for enrollment of children who are at least one fourth (1/4) degree
Nez Perce Indian ancestry born to a member of the Nez Perce Tribe, filed with the Enrollment
Committee within eighteen (18) years after birth shall include all information required on
attachments (A), (B), (C), and (D).
(b)
Applications for enrollment through adoption of persons who are at least
one-fourth (1/4) degree Nez Perce Indian ancestry, filed with the Enrollment Committee, shall
include all information as required on attachments (A), (B), (C) and (D).
(c)
No person shall be eligible for membership by adoption into the Nez Perce Tribe
who:
(1)
previously relinquished membership in the Nez Perce Tribe. Persons who
were minors at time of relinquishment of their membership by their
parents may be granted special consideration;
(2)
is enrolled or an enrolled member of another tribe or band;
(3)
applies for adoption for the sole purpose of obtaining financial benefits
from the tribe;
(4)
is less than one fourth (1/4) degree Nez Perce Blood. (Corrected to reflect
language which was adopted by Resolution NP 91-132 (Amended), May 28,29, 1991,
correction authorized by NPTEC 4/14/2015)
(d)
Any person who has heretofore been a member of the Nez Perce Tribe and who
relinquished his membership and is enrolled in another tribe under conditions that do not permit
him to share in any benefits or any judgment claims recovered by that tribe shall be entitled to
reenroll in the Nez Perce Tribe without regard to the limitations contained in (c) of this section.
The application shall contain written documentation, submitted under oath, that the conditions
are in fact true.
(e)
Any person reenrolled under (d) of this section shall be reenrolled subsequent to
the effective date of this chapter and shall not be entitled to any benefits distributed to members
of the Nez Perce Tribe prior to that date.
(f)
Applications may be submitted by the person requesting enrollment, his parents,
guardian or next of kin.
Enrollment Ordinance - 1
(g)
Enrollment into membership in the Nez Perce Tribe shall not be a matter of right
but a matter of privilege and the determination of NPTEC of an applicant's qualifications for
enrollment pursuant to this chapter shall be final.
§6-1-3
Application Processing
(a)
The Enrollment Committee shall meet at regular intervals as designated by
NPTEC to consider all applications for enrollment into membership of the Nez Perce Tribe. If at
any time the Enrollment Committee feels that additional information is required, the applicant
will be requested to provide such information and/or appear before the Enrollment Committee
for a personal informal interview.
(b)
After its consideration the Enrollment Committee shall prepare and submit a
written recommendation to NPTEC recommending either accepting the applicant for enrollment
or rejection of the application. The recommendation shall state when the application will be
considered by NPTEC and describe the rights of the applicant and other interested tribal
members to object to the recommendation of the Enrollment Committee. One copy shall be
forwarded to the applicant by certified mail and copies shall be posted on the bulletin boards in
front of the Tribal Office, the tribal community buildings in Lapwai and Kamiah, the Northern
Idaho Agency and the North Idaho Indian Health Service Unit for a period of sixty (60) days.
(c)
If no protest has been filed to the Enrollment Committees recommendation and
NPTEC agrees with the recommendation, it shall at the designated meeting or at its next
regularly scheduled meeting following the expiration of sixty (60) days from the date of posting,
order the enrollment of the applicant.
(d)
If the Enrollment Committee recommends the enrollment of a person, any
member of the Nez Perce Tribe may, within forty-five (45) days from the date of posting, file an
official protest with NPTEC stating the reasons for believing that the applicant is not entitled to
enrollment.
(e)
If the Enrollment Committee recommends against enrollment of a person, the
applicant may, within forty-five (45) days of receipt of the notice, file a protest with NPTEC.
(f)
If NPTEC, by a majority vote, rejects the recommendation of the Enrollment
Committee or a protest has been filed, NPTEC shall schedule the case for a hearing as follows:
(1)
provide the applicant and/or any other interested parties not less than
twenty (20) days advance notice of the time, date and location of the
scheduled hearing;
(2)
allow all parties to the hearing a full opportunity to present any and all
relevant evidence to the case;
(3)
upon completion of the hearing NPTEC shall render its decision on the
enrollment application and promptly notify all parties concerned with the
case;
(4)
the decision of NPTEC shall be considered final.
Enrollment Ordinance - 2
§6-1-4
Determination of Blood Quantum or Degree
(a)
Anytime a child or a person who applies for enrollment with the Nez Perce Tribe
but was born out of wedlock, specifically meaning that the alleged father and mother were not
legally married under the laws of a state or tribe, the applicant's eligibility for enrollment shall be
determined only by the blood quantum or degree of Nez Perce blood of the applicant's mother.
Provided however:
(1)
that if the parents of such person applying for enrollment were domiciled
outside the State of Idaho and were living in such a relationship that a
valid common-law marriage would have formed in Idaho but for their
domicile, then such common-law marriage shall be deemed to have
existed for enrollment purposes and the blood quantum or degree of Nez
Perce blood of the applicant's father shall also be used in determining the
eligibility of the applicant;
(2)
that if proceedings for filiation under the paternity or bastardy laws of the
State of Idaho, another state, or other tribal laws of proper jurisdiction
have adjudicated the putative father to be the natural father, then the blood
quantum or degree of Nez Perce blood of the applicant's father shall also
be used in determining the eligibility of the applicant;
(3)
that if a child is born out of wedlock and the putative father submits to the
Enrollment Committee a sworn written statement, duly acknowledged
under oath, acknowledging such child as his own child, then the blood
quantum or degree of Nez Perce blood of the applicant's father shall also
be used in determining the eligibility of the applicant;
(4)
if an applicant provides evidence of paternity through the use of a legal
DNA test performed by a laboratory that has been accredited by the
AABB (formerly known as the American Association of Blood Banks),
the Enrollment Committee may use the blood quantum or degree of Nez
Perce blood of the person identified as the father by the legal DNA test in
determining the eligibility of the applicant. (NPTEC added subsection 2/26/13)
(5)
that if the parents of an applicant for enrollment were not married either at
the child's conception or at its birth, then a subsequent intermarriage of the
parents will legitimize the child; (formerly subsection (4) - changed 2/26/13)
(6)
that any child of a marriage which was valid or apparently valid in its
inception which is subsequently found by a court of competent jurisdiction
to be void or voidable shall be deemed legitimate; (formerly subsection (5) changed 2/26/13)
(7)
that any child conceived at a time when the natural mother was married in
any of the ways hereinabove specified shall be presumed to be the natural
child of the mother's spouse, which presumption may be rebutted by a
preponderance of evidence to the contrary. (formerly subsection (6) - changed
2/26/13)
Enrollment Ordinance - 3
§6-1-5
Termination of Enrollment (section amended by NPTEC 8/28/12)
(a)
If at any time the Enrollment Committee has reason to believe that a person was
enrolled into membership in the Nez Perce Tribe upon false, fraudulent or erroneous evidence,
and without meeting the eligibility requirements for enrollment, it shall file a written "Request
for Determination of Eligibility" with NPTEC. The request shall:
(1)
include the full name and address of the tribal member in question. If the
tribal member is deceased, the request shall include the full name of the
tribal member in question, as well as his or her dates of birth and death;
(2)
state the reasons why the enrolled member’s eligibility for membership in
the Nez Perce Tribe is questioned;
(3)
contain any other details deemed pertinent to the case; and
(4)
call for a public hearing to determine whether or not the enrolled
member's membership in the Nez Perce Tribe should be voided.
(b)
Upon receipt of the "Request for Determination of Eligibility" NPTEC shall, at
least thirty (30) days prior to such hearing, serve written notice entitled "Notice of Proceedings"
upon the enrolled member whose eligibility for membership in the Nez Perce Tribe is
questioned, or in the event the enrolled member is a minor, the notice shall be served upon his
parents, guardian or next of kin. If the enrolled member is deceased, then NPTEC shall, at least
thirty (30) days prior to such hearing, serve written notice entitled "Notice of Proceedings" upon
the enrolled descendants of the enrolled member, and cause a brief summary of the notice to be
published once in a local newspaper of general distribution and a tribal newspaper. The Notice
of Proceedings shall:
(1)
include a copy of the Enrollment Committees "Request for Determination
of Eligibility";
(2)
fix the time, date and location of the hearing;
(3)
advise the member in question, or his descendants, that, although not
required to do so, he may examine the evidence or witnesses offered in
support of the "Request for Determination of Eligibility" or offer evidence
and/or witnesses in his or his ancestor's behalf as to any matter alleged in
the complaint; and
(4)
be sent to all persons entitled thereto by certified mail, return receipt
requested with postage thereon fully prepaid, addressed to such persons at
their last known address. Evidence concerning the service of the notice
shall be kept by NPTEC and become a part of the record of proceedings.
(c)
At the appointed time, date and location as contained in the "Notice of
proceedings" NPTEC shall:
(1)
provided a quorum is present, conduct the public hearing as called for.
However, in the interest of justice, the hearing may be continued to a later
date at the request of the member in question or his descendants;
Enrollment Ordinance - 4
(d)
(2)
allow the enrolled member in question or his descendants to appear and
testify, submit oral and documentary evidence, as well as present
witnesses in his or his ancestor's behalf to support his or his ancestor's
enrollment in the Nez Perce Tribe;
(3)
consider all evidence pertaining to matters contained in the "Request for
Determination of Eligibility" and determine the relevancy, weight and
sufficiency of such evidence;
(4)
determine whether or not the enrolled member whose membership in the
Nez Perce Tribe is questioned, meets all of the qualifications for
enrollment into membership in the Nez Perce Tribe; and
(5)
prepare written findings of fact with regard to the issues determined.
At the conclusion of the hearing NPTEC shall:
(1)
if it finds from the evidence and testimony submitted that the enrollment
was valid, issue a written order signed by the chairman and secretary
setting forth its determination that the enrolled member whose eligibility
for membership into the Nez Perce Tribe was questioned, was properly
enrolled into membership;
(2)
if it finds from the preponderance of the evidence submitted, that the
enrollee was enrolled into membership in the Nez Perce Tribe upon false,
fraudulent or erroneous evidence, and did not meet the requirements for
enrollment, it shall issue a written order signed by the chairman and
secretary declaring the enrolled member's membership in the Nez Perce
Tribe null and void and of no effect;
(3)
promptly after making its written findings and order, cause a written copy
thereof to be served upon the enrolled member whose eligibility for
membership in the Nez Perce Tribe was determined, or if deceased, then
the enrolled member's enrolled descendants or other descendants who
participated in the hearing;
(e)
The decision of NPTEC on a Request for Determination of Eligibility shall be
considered final.
§6-1-6
Voluntary Relinquishment of Enrollment
Enrolled tribal members who apply for relinquishment shall receive by certified mail
notification of the following:
(a)
that such application for relinquishment does not entitle them to re-enrollment
with the Nez Perce Tribe. Persons who were minors at the time of relinquishment may be
granted special consideration;
(b)
the applicant must surrender all tribal membership card(s) issued to such person;
(c)
the applicant, upon acceptance of relinquishment, is no longer entitled to exercise
any of the treaty rights in hunting, fishing, gathering or use of usual and accustomed places as
Enrollment Ordinance - 5
reserved under the treaties between the U.S. government and the Nez Perce Tribe. Notification
of relinquishment shall be sent to the Nez Perce Tribal Police and tribal conservation officers;
and
(d)
the applicant must certify that they owe no debts to the Nez Perce Tribe or any of
its programs, enterprises, or authorities. (Amended by NPTEC 3/26/13)
§6-1-7
Enrollment Records
(a)
The proper administration of the official enrollment records of the Nez Perce
Tribe shall be maintained by the Bureau of Indian Affairs as directed by the official actions of
NPTEC.
(b)
Anytime a correction to the records is deemed necessary due to an error of
omission, misprint or other similar action not necessarily the fault of the enrollee the correction
shall be ordered by the Enrollment Committee.
(c)
Anytime a change to the records is deemed necessary due to a change in an
enrollee's status the enrollee shall provide the Enrollment Committee with:
(1)
a copy of the official document that effected the name change. (Marriage
license, corrected birth certificate, court order, etc.);
(2)
a copy of the official document that shows the correct birth date. (Birth
certificate, baptismal record, etc.);
(3)
a notarized copy of the official family tree record on file with the Bureau
of Indian Affairs and any other document that will support the request;
(4)
appropriate documentation that will support the request.
(d)
Upon receipt of any change requests under (c) of this section the Enrollment
Committee shall promptly review the request and submit its recommendation to NPTEC for
official action.
§6-1-8
Resolutions
All official actions of NPTEC relating to enrollment shall be by resolution.
§6-1-9
Enrollment Cards; Certification of Indian Blood
(a)
Any person who is an enrolled member of the Nez Perce Tribe may obtain an
enrollment card certifying that such individual is a member of the tribe and is entitled to all the
privileges guaranteed under the Nez Perce Treaty of 1855.
(b)
All applications and other forms to be used in issuing an enrollment card shall be
obtained at the Nez Perce Tribal Office in Lapwai. Any person wishing to obtain a tribal
enrollment card may apply in person at the Tribal Office or, if feasible, by mail. The completed
application form shall include the applicant's full name, address, date of birth, sex, height,
weight, eye color, hair color and enrollment number. If the application is conducted by mail, the
applicant shall submit the following to the Enrollment Card staff at the Tribal Office:
Enrollment Ordinance - 6
(1)
a completed application;
(2)
a 1&1/4 inch by 1&1/4 inch picture taken at the nearest BIA office; and
(3)
a completed picture certification form obtained from the Nez Perce Tribal
Office which contains:
(A)
the applicant's current name and address; and
(B)
a signature of an authorized staff person of the BIA office where
the applicant's picture was taken certifying that:
(i)
the applicant presented him with two pieces of reliable
identification which include a picture and current name and
address as proof of identity at the time the form was signed;
and
(ii) to the best of his knowledge, the picture accurately represents
the individual whose name and address is on the picture
certification form; and
(iii) after development, he witnessed the placement of the picture
taken at the BIA office into an envelope with the other
application materials and the sealing of the envelope; and
(iv) the envelope was left with the BIA office to be mailed to the
tribe.
(c)
Once an application has been received by the Tribal Office, NPTEC staff shall
check to see that all of the application materials have been submitted and if so, confirm that the
applicant is actually an enrolled member by looking up the applicant's name on the enrollment
lists. Applicants shall not receive an enrollment card until they have submitted all of the
application materials and their enrollment has been verified.
(d)
Once all application materials have been received and enrollment has been
verified, NPTEC staff shall unless one has already been collected and produce an enrollment
card for the applicant using the information provided in the application and the applicant's
picture. The card shall be hand delivered to the applicant or mailed using the address provided
by the applicant.
(e)
If an applicant for a Nez Perce Tribe enrollment card does not live in the vicinity
of the Nez Perce Tribal Office, a local BIA office is unavailable or the local BIA office for
whatever reason is unable or unwilling to assist the applicant in certifying his picture, the
applicant may obtain a written Certification of Indian Blood (C.I.B.) from the Nez Perce Tribal
Office until such time as it is feasible to obtain picture certification. The C.I.B. form shall
provide the name and address of the tribal member, that the individual is a member of the Nez
Perce Tribe and the individual's amount of Nez Perce Tribe blood quantum.
(f)
A C.I.B. shall be obtained by submitting a written request to the Nez Perce Tribal
Office which shall include the reason a C.I.B is requested and the requester's current name and
address. Once a request for a C.I.B. is received at the Tribal Office, the requester's enrollment
Enrollment Ordinance - 7
status shall be verified. Upon verification, if the requester is an enrolled tribal member than he
shall be sent a C.I.B. using the address provided.
Enrollment Ordinance - 8
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
TITLE 6 • INTERGOVERNMENTAL RULES AND
REGULATIONS
CHAPTER 6.20
PART I.
GAMING ORDINANCE
GENERAL PROVISIONS
Section 6.20.001 Definitions
Unless a different meaning is clearly indicated in this Gaming Ordinance, the terms
used herein shall have the same meaning as defined in the Indian Gaming
Regulatory Act, 25 U.S.C. §§ 2701 et. seq., and its regulations, 25 C.F.R. §§ 500 et.
seq. The definitions found in this section shall apply to all capitalized uses of the
defined terms in this Gaming Ordinance, including plural forms of such terms or
such terms with derivational suffixes.
A.
"Bingo" means a game, whether or not electronic, computer, or other
technological aids are used in connection therewith, in which:
1.
players play for prizes, including monetary prizes, with cards bearing
numbers or other designations;
2.
players cover such numbers or other designations when objects,
similarly numbered or designated, are drawn or electronically
determined; and
3.
the game is won by the first player covering a previously designated
arrangement of numbers or designations on such cards, including, if
played in same location, pull tabs, lotto, punch cards, tip jars, instant
Bingo, and other games similar to Bingo.
B.
"Class I Gaming" means social games played solely for prizes of minimal
value or traditional forms of Indian Gaming engaged in by individuals as a
part of, or in connection with, tribal ceremonies or celebrations.
C.
"Class II Gaming" means those activities described in § 6-20-010 of this
Gaming Ordinance.
D.
"Class III Gaming" means all forms of Gaming that are not Class I or Class II
Gaming, as defined in this Gaming Ordinance.
E.
"Compact" means an agreement between the Tribe and a State about Class
III Gaming, consistent with 25 U.S.C. § 2710(d).
F.
"Gaming" means those activities defined in § 6-20-009, § 6-20-010, and § 6-20
011 of this Gaming Ordinance.
G.
"Gaming Commission" means the Nez Perce Tribal Gaming Commission, the
single agency of the Tribe primarily responsible for Licensing, regulatory
oversight, and monitoring compliance with applicable Tribe, federal, and
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 1 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
State regulations for Class II and Class III Gaming on the Tribe’s Indian
Lands.
H.
"Gaming Employee" means any natural person employed in the operation or
management of a Gaming Operation, excluding persons providing
maintenance, janitorial, or other such ancillary non-Gaming services to a
Gaming Operation, such as food service employees. Gaming Employee shall
include any employee whose duties include the handling of cash generated
from Class II or Class III Gaming.
I.
"Gaming Facility" means all buildings, improvements, and facilities Licensed
by the Gaming Commission to be used or maintained in connection with the
conduct of Class II or Class III Gaming on the Tribe’s Indian Lands.
J.
"Gaming Operation" means any economic entity that provides Class II or
Class III Gaming activities on the Tribe’s Indian Lands. A Gaming Operation
may be operated by the Tribe directly, by a Management Contractor, or,
under certain conditions, by another person or entity, if allowed under this
Gaming Ordinance.
K.
"Gaming Ordinance" means the regulations adopted by the NPTEC, as
amended from time-to-time, governing Gaming on the Tribe’s Indian Lands.
L.
"IGRA" means the federal Indian Gaming Regulatory Act, Pub. L. 100-497,
25 U.S.C. §§ 2701 et. seq.
M.
"Indian Lands" means:
1.
land within the limits of an Indian reservation; or
2.
land over which an Indian tribe exercises governmental power and
that is either:
a.
held in trust by the United States for the benefit of any Indian
tribe or individual; or
b.
held by an Indian tribe or individual subject to restriction by the
United States against alienation.
N.
"Key Employee" means the employees listed at 25 C.F.R. § 502.14.
O.
"License" means:
1.
an approval or certification issued by the Gaming Commission to any
natural person to be involved in Class II or Class III Gaming or in
providing Class II or Class III Gaming services to a Class II or Class
III Gaming Operation on the Tribe’s Indian Lands;
2.
the approval or certification issued by the Gaming Commission to any
facility authorizing it to house Class II or Class III Gaming on the
Tribe’s Indian Lands; or
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 2 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
3.
an approval or certification issued by the Gaming Commission to any
Vendor of gaming services or supplies to allow them to transact
business valued at or exceeding $25,000 with a Gaming Operation on
the Tribe’s Indian Lands.
P.
"Licensee" means any natural person, Gaming Facility, or Vendor that has
been approved and Licensed by the Gaming Commission to be involved in,
house, or transact business with a Class II or Class III Gaming Operation.
Q.
"Management Contract" means any contract, subcontract, or collateral
agreement between a Gaming Operation and a contractor or between a
contractor and a subcontractor, if such contract or agreement provides for the
management of all or part of a Gaming Operation.
R.
"Net Revenue" means gross Gaming receipts of a Gaming Operation less:
1.
amounts paid out as, or paid for, prizes; and
2.
total Gaming-related operating expenses, including all expenses of the
Gaming Operation commonly known as operating expenses and nonoperating expenses consistent with professional accounting
pronouncements, excluding management fees.
S.
"NIGC" means the National Indian Gaming Commission.
T.
"NPTEC" means the Nez Perce Tribal Executive Committee, the Tribe’s
governing body.
U.
"Pari-Mutual Betting" means a system of wagering on a live race whereby the
winners divide the total amount wagered, in proportion to the amount
individually wagered after deducting commissions, fees, and taxes. Wagering
on live races is authorized if it occurs either at a track or on the Tribe’s
Indian Lands by means of a simulcast of a live race and is approved by the
Gaming Commission.
V.
"Primary Management Official" means the employees listed at 25 C.F.R. §
502.19.
W.
"Simulcast" means a simultaneous telecast of a live race, including horses,
dogs, mules, and any other race contest of a species legal in the jurisdiction.
X.
"State" means any State comprising the United States, its authorized
officials, agents, representatives, and territory.
Y.
"State Lottery" means any type of game that a State conducts as a lottery
game.
Z.
"Track" means a facility licensed to operate horse or other racing where PariMutual Betting on races is conducted.
AA.
"Tribe" means the Nez Perce Tribe, its authorized officials, agents, and
representatives.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 3 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
BB.
"Vendor" means any business that provides Gaming supplies or services to a
Gaming Operation.
Section 6.20.002 Purpose
This Gaming Ordinance is enacted to:
A.
Regulate and govern all forms of permissible and authorized Gaming on the
Tribe’s Indian Lands.
B.
Safeguard all persons from unscrupulous and illegal operations of any type of
Gaming on the Tribe’s Indian Lands.
C.
Protect all persons from the infiltration of organized crime into any Gaming
Operation on the Tribe’s Indian Lands.
D.
Provide for an audit system of all Gaming Operations on the Tribe’s Indian
Lands.
E.
Provide that the Tribe will have primary regulatory authority over all forms
of Gaming on the Tribe’s Indian Lands, subject to applicable federal law.
F.
Provide for a system of investigations of all persons associated with Gaming
on the Tribe’s Indian Lands.
G.
Provide a system of Licensing for all Gaming on the Tribe’s Indian Lands.
H.
Provide revenue for the operation of the Tribe’s government.
I.
Allow the Tribe’s government to use Gaming revenue to provide additional
services, employment for Tribal members, and for the general economic
development and individual self-sufficiency of Tribal members.
J.
Harmonize with and adhere to IGRA.
K.
Cooperate and agree on a sovereign-to-sovereign basis with concerned or
affected States to enter into Compacts or other agreements for Class III
Gaming Operations on the Tribe’s Indian Lands.
L.
Establish a commission within the Tribe’s government to oversee and
regulate Gaming consistent with this Gaming Ordinance and within the
precepts established by the NPTEC.
Section 6.20.003 Ownership of Gaming and Use of Gaming Revenue
A.
The Tribe shall have the sole proprietary interest in, and responsibility for,
the conduct of any Gaming Operation authorized by this Gaming Ordinance,
except as otherwise provided in this Gaming Ordinance.
B.
In order for any person or entity who is not the Tribe to conduct Gaming on
the Tribe’s Indian Lands, that person or entity must obtain a License or
Licenses from the Gaming Commission, comply with the other provisions of
this Gaming Ordinance, and:
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 4 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
C.
1.
pay to the Tribe not less than 60 percent of the individually-owned
Gaming Operation's Net Revenues to be used only for the purposes set
forth below;
2.
pay an assessment to the NIGC as set forth in 25 C.F.R. § 514.1; and
3.
comply with Licensing standards that are at least as restrictive as
those established by State law, governing similar Gaming within the
jurisdiction of the surrounding State. If the individual owner is
ineligible to receive a State license to conduct the same activity within
that jurisdiction, the Gaming Commission shall deny a License and
otherwise comply with 25 C.F.R. § 522.11(f).
Net Revenues from Gaming shall be used only for the following purposes:
1.
to fund the Tribe’s government operations or programs;
2.
to provide for the general welfare of the Tribe and its members;
3.
to promote the Tribe’s economic development;
4.
to donate to charitable organizations; and
5.
to help fund the operations of local government agencies.
D.
Net Revenues from any Class II or Class III gaming activities conducted or
licensed by the Tribe may be used to make per capita payments only if such
payments are consistent with IGRA, as set forth in 25 U.S.C. § 2710(b)(3).
E.
The Tribe hereby specifically reserves, through its inherent power, the full
right and authority to adopt or impose a uniform and comprehensive system
of revenue, taxation, and Licensing relating to the Gaming allowed under
this Gaming Ordinance.
Section 6.20.004 Severability
If any clause, provision, or section of this Gaming Ordinance shall be ruled invalid
or unenforceable by any court of competent jurisdiction by final order after all
appellate jurisdiction is exhausted, such holding shall not invalidate or render
unenforceable any remaining provisions of this Gaming Ordinance. Until such final
order is entered and review exhausted, the questioned provisions shall be valid and
in full force and effect, absent an enforceable injunction to the contrary.
Section 6.20.005 Amendment
All powers of amendment for this Gaming Ordinance are retained by the NPTEC.
Section 6.20.006 Sovereignty
The NPTEC, acting for the Tribe, by this enactment does expressly retain and does
not in any way waive its right of sovereignty as expressed in treaties, laws, or in
any other manner.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 5 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
Section 6.20.007 Nez Perce Tribe Gaming Commission Established
A.
The Gaming Commission shall consist of three (3) Tribal members appointed
by the NPTEC. Gaming Commission members shall meet the Licensing
qualifications of a Primary Management Official, as set forth in this Gaming
Ordinance.
B.
The NPTEC shall establish such application procedures as it deems
appropriate for members of the Tribe interested in serving on the Gaming
Commission.
C.
The following persons are not allowed to serve on the Gaming Commission:
1.
current members of the Nez Perce Tribal Enterprises board;
2.
persons having a direct or indirect financial interest in a Management
Contract (including any principal or member of a Management
Contractor) or any “close relatives” of such persons, as defined in the
Nez Perce Tribal Enterprises Human Resource Manual;
3.
current Key Employee/Primary Management Officials; or
4.
persons previously convicted of a felony, embezzlement, theft, or any
other money related or honesty related crimes (such as fraud).
D.
Each Gaming Commission member shall serve for a term of three (3) years,
with the term beginning on January 1 of the year of the appointment and
ending on December 31 of the third (3rd) year.
E.
Gaming Commission members shall serve beyond their term only if the
NPTEC fails to promptly make appointments to fill expired Gaming
Commission member seats. Upon appointments by the NPTEC to fill expired
seats, the prior appointments shall end.
F.
Gaming Commission positions vacated prior to the end of a term shall be
promptly filled by the NPTEC so that a full Gaming Commission may serve
on a continual basis. However, a 90-day temporary vacancy on the Gaming
Commission shall not mean the Gaming Commission cannot conduct
business; business can be conducted with a quorum of two members present
during a 90-day temporary vacancy.
G.
The Gaming Commission shall elect among themselves the offices of
President, Vice President, and Secretary Treasurer. Elections for such offices
shall be conducted each year, within two (2) weeks after the NPTEC Gaming
Commission member appointment is made.
H.
The Gaming Commission shall be independent of, and act independently and
autonomously from, the NPTEC regarding all matters within the Gaming
Commission’s purview. No prior or subsequent review by the NPTEC of any
Gaming Commission actions shall be required or permitted, except as
otherwise explicitly provided in this Gaming Ordinance.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 6 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
I.
Current and former Gaming Commission members shall keep confidential all
information and communications relating to Licensing decisions, except that
confidential information or communications related to Licensing decisions
may be released to law enforcement to further a law enforcement
investigation or to otherwise comply with the law.
Section 6.20.008 Powers and Duties of the Nez Perce Tribal Gaming
Commission and of the Nez Perce Tribal Executive Committee
A.
Gaming Commission powers and duties shall include:
1.
the inspection of Gaming Facility premises subject to the Gaming
Commission’s regulation and oversight;
2.
the safeguarding and regulation by civil fines and other actions as
specified in this Gaming Ordinance;
3.
the issuance of Licenses when such are required by this Gaming
Ordinance and in accordance with this Gaming Ordinance;
4.
the denial or revocation of Licenses when the results of a thorough and
objective investigation by the Gaming Commission indicates that such
action is appropriate and in accordance with this Gaming Ordinance;
5.
the formulation and promulgation of rules and regulations, which shall
govern in detail the issuance and the denial or revocation of Licenses
and License fee amounts;
6.
ensuring the proper record keeping of gambling proceeds by the Nez
Perce Tribal Enterprises of Licenses and of Gaming activities, subject
to the Gaming Commission’s regulation and oversight, on the Tribe’s
Indian Lands subject to the provisions of the Bank Secrecy Act, C.F.R.
Title 12, Banks and Banking, or to C.F.R. Title 31, Money and Finance,
or to any other applicable requirement of the U.S. Internal Revenue
Service;
7.
ensuring the review of appropriate records for Licensees at least every
three (3) years (appropriate records are those records directly related
to determining a Licensee’s suitability to hold a License);
8.
conducting annual, independent audits of all Class II and Class III
Gaming Operations on the Tribe’s Indian Lands and submitting the
results of those audits to the NIGC within one hundred twenty (120)
days after the end of each fiscal year of the Gaming Operation. All
Gaming related contracts that result in the purchase of supplies,
services, or concessions worth $25,000.00 or more in any year (except
contracts for professional legal and accounting services) shall be
specifically included within the scope of audits conducted under this
Gaming Ordinance. Audits shall conform to generally-accepted
auditing standards.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 7 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
B.
9.
ensuring that each Gaming Facility, subject to the Gaming
Commission’s regulation and oversight, shall be constructed,
maintained, and otherwise operated in a manner that adequately
protects the environment and the health and safety of the public; and
10.
conducting background investigations and eligibility and suitability
determinations of potential Key Employees and Primary Management
Officials at least as stringent as those found in 25 C.F.R. §§ 556 and
558.
The NPTEC’s direct and delegated powers and duties shall include:
1.
determining who hires and supervises the Gaming Commission
Director;
2.
to set the maximum hours and hourly compensation for Gaming
Commission members;
3.
any Gaming Commission member may be removed by the NPTEC for
cause, including for neglect of duty, for failure to recuse themself in
cases of conflicts of interest, for gross misconduct, or for any offense
listed in the Nez Perce Tribal Code;
4.
the Chairman or Vice Chairman of the NPTEC’s Law & Order
Subcommittee shall be appointed by the NPTEC to act as the Gaming
Commission for purposes of making the eligibility determinations for a
License applicant if the Gaming Commission cannot reach a quorum
for any reason;
5.
the NPTEC has the sole authority to approve the Gaming Commission
budget; and
6.
the NPTEC Chairman shall be the agent for service of any official
determination, order, or notice of violation concerning the Tribe.
PART II.
AUTHORIZED GAMBLING ACTIVITIES
Section 6.20.009 Class I Gaming
Class I Gaming may be engaged in by individuals and organizations without
restriction and is not subject to the provisions of IGRA or this Gaming Ordinance.
Section 6.20.010 Class II Gaming
A.
Class II Gaming is defined as:
1.
the game of chance commonly known as Bingo or lotto; or
2.
non-banking card games that:
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 8 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
B.
a.
are explicitly authorized, or not explicitly prohibited, by the laws
of the State in which they are played and are played at any
location in the State; and
b.
are played in conformity with those laws and regulations (if any)
of the State regarding hours or periods of operation of such card
games or limitations on wagers or pot sizes in such card games.
Until this Gaming Ordinance is amended by appropriate action of the
NPTEC in a manner consistent with the relevant provisions of IGRA, the
Tribe shall be the only entity or organization authorized to engage in Class II
Gaming on the Tribe’s Indian Lands for profit to the exclusion of any other
entity, organization, or person. The Tribe may conduct or License Gaming on
behalf of bona fide charitable, religious, and non-profit organizations, subject
to regulations promulgated by the Gaming Commission and IGRA.
Section 6.20.011 Class III Gaming
A.
Class III Gaming means all forms of Gaming that are not Class I or Class II
Gaming.
B.
Only the NPTEC shall authorize or conduct any form of Class III Gaming on
the Tribe’s Indian Lands. The NPTEC shall only authorize any form of Class
III Gaming that is:
1.
consistent with IGRA;
2.
consistent with a Compact for Class III Gaming; and
3.
Licensed by the Tribe.
C.
The NPTEC has authorized the Tribe to operate Class III gaming on the
Tribe’s Indian Lands within the State of Idaho through the 1995 Class III
Gaming Compact (amended in 1998 and 2002) between the Nez Perce Tribe
and the State of Idaho.
D.
The NPTEC has authorized Idaho State Lottery Terminals to be placed on
the Tribe’s Indian Lands within the exterior boundaries of the Nez Perce
Reservation through the 2008 Class III Gaming Compact between the Nez
Perce Tribe and the State of Idaho.
E.
The NPTEC shall enact rules and regulations regarding the Licensing of
Class III Games, which shall be consistent with the provisions of IGRA and
the laws of the Tribe.
Section 6.20.012 Gaming Prohibited
All Gaming on the Tribe’s Indian Lands not authorized by this Gaming Ordinance
is unlawful and prohibited.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 9 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
PART III.
GAMING OPERATIONS
Section 6.20.013 General Gaming Operation Requirements
A.
Each Gaming Employee and Primary Management Official, prior to
beginning work, shall be required to be Licensed as provided for in this
Gaming Ordinance by the Gaming Commission and shall be required to apply
to the Gaming Commission for a determination that they:
1.
have not been convicted of a felony or an offense related to gambling,
fraud, misrepresentation, deception, or drugs for the past ten (10)
years;
2.
have no prior activities, reputation, habits, or associations affecting
their present conduct that would pose a threat to the effective
regulation and control of Gaming or that would enhance the dangers of
unsuitable, unfair, or illegal practices, methods, or activities in the
conduct of Gaming; and
3.
have no present interest in the conduct of any Gaming business.
B.
Gaming Commission determinations made in accordance with § 6-20-013(A)
shall be confidential unless otherwise required for purposes of the Nez Perce
Tribal Enterprises Human Resources Manual, the Nez Perce Tribe’s Human
Resources Manual, or the requirements of law or regulation.
C.
Gaming Commission members are subject to periodic background
investigations, at the discretion of the NPTEC and by the NPTEC, based on
any findings brought to the attention of the NPTEC by the internal auditor or
background investigator.
D.
Prospective Gaming Employees and Management Contractors shall follow
the application procedure for Licenses described in this Gaming Ordinance.
No Gaming Employee may accept any gift or thing of value from a contractor,
including from any Vendor.
E.
In addition to any provisions of the Nez Perce Tribal Enterprises Human
Resources Manual or the Nez Perce Tribe’s Human Resources Manual that
may be applicable, any Gaming Employee or Gaming Operation shall be
required to comply with the provisions of this Gaming Ordinance, the
provisions of their contract or terms of employment with the Tribe, if any,
and the provisions of applicable federal and state law.
F.
Gaming Operations or Gaming Employees shall provide to the Gaming
Commission required reports, audits, and the results of any contract for
service or supplies at least quarterly or sooner if required.
G.
Gaming Operations and Gaming Employees shall deposit the proceeds of the
Gaming Operation in accordance with applicable federal law and the Nez
Perce Tribal Code.
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CH. 6.20 GAMING ORDINANCE
Page 10 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
H.
Gaming Operations and Gaming Employees may request the assistance of
the Gaming Commission in obtaining training or instruction for the benefit of
a Gaming Operation.
I.
The Gaming Commission may require that any Gaming Operation or Gaming
Employee be bonded for a particular amount. Nez Perce Tribal Enterprises
will pay for the bonds of the Tribe’s Gaming Employees.
J.
The Gaming Commission may recommend to the NPTEC that a particular
type of Gaming be operated through a Management Contract. The
Management Contract must comply with applicable federal law. The Gaming
Commission shall require that the proposed Management Contractor comply
with the requirements for Licenses under this Gaming Ordinance. The
NPTEC has the sole authority to approve Management Contracts. Any entity
that enters into a Management Contract with a Gaming Operation shall be
required to submit to a determination as required in § 6-20-013(A).
K.
All Gaming Operations are subject to monitoring and inspection by the
Gaming Commission or agents of the Gaming Commission.
L.
The Gaming Commission shall issue regulations, which will control:
1.
the possession of firearms in Gaming Facilities.
a.
the Gaming Commission shall prohibit firearms and weapons of
any kind within Gaming Facilities, except when carried by
armored car personnel and on-duty law enforcement officers.
2.
the security requirements for the Gaming Operations;
3.
the posting of rules of play; and
4.
rules for the conduct of Gaming, should the Gaming Commission deem
that such rules are necessary for the proper conduct of Gaming.
M.
If the NPTEC makes changes to the Gaming Ordinance or enters into or
makes changes to any Compact with a State, it shall provide written notice to
the Gaming Commission in a reasonably timely manner before such changes
take effect.
N.
The Gaming Commission may charge Licensing fees, to be set by the Gaming
Commission, to cover the expenses it incurs investigating and Licensing
applicants, but the Gaming Commission may not charge a fee more than that
approved by the NPTEC for each application for License renewal.
O.
Members of the Gaming Commission and its employees are prohibited from
participating in any Class II or III Gaming subject to the Gaming
Commission’s regulation and oversight.
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CH. 6.20 GAMING ORDINANCE
Page 11 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
Section 6.20.014 Inspection of Premises
A.
Gaming Facilities shall be subject to inspection and audit at any reasonable
time by the Gaming Commission or the Gaming Commission’s agents.
B.
The Gaming Commission shall be provided, at such reasonable intervals as
the Gaming Commission shall determine, with a report under oath detailing
all receipts and disbursements in connection with regulated Gaming
Operations together with such other reasonable information as required to
determine whether the Gaming Operation is complying with this Gaming
Ordinance and other applicable laws or regulations.
Section 6.20.015 Penalties for Violations
A.
B.
The Gaming Commission may subject any person or Gaming Operation who
violates provisions of this Gaming Ordinance, commits acts of fraud or deceit,
or engages in professional gambling to one or more of the following:
1.
a letter of warning;
2.
a letter of reprimand;
3.
a civil fine of up to a maximum of $500.00 per occurrence, per day;
and/or
4.
the revocation of License.
The Gaming Commission may refer violations under this Gaming Ordinance
to the Tribal Prosecutor for possible civil or criminal prosecution in
conformance with the Nez Perce Tribal Code.
Section 6.20.016 Exclusion of Individuals from Gaming
A.
B.
Any person may be excluded from a Gaming Facility on the Tribe’s Indian
Lands for good cause at any time at the discretion of the Gaming Operation.
Good cause may include but is not limited to:
1.
a person appears to be violating rules or regulations governing Gaming
as established by this Gaming Ordinance, the Gaming Commission,
the Gaming Operation, or applicable Tribe, federal, or state law;
2.
a person, by virtue of their condition or activities, disturbs the peaceful
participation of other individuals in Gaming or disrupts the orderly
conduct of Gaming;
3.
a person, either intentionally or negligently, causes injury or harm to
any patron or Gaming Employee or threatens to do so; or
4.
a person possesses any illegal narcotics or controlled substances.
A Gaming Operation or its agents may make reasonable inquiries of
individuals in the course of determining whether any of the activities defined
listed above are occurring.
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CH. 6.20 GAMING ORDINANCE
Page 12 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
C.
A Gaming Operation or its agents who exclude any person pursuant to this
section shall not incur any liability, criminal or civil, in Nez Perce Tribal
Court as a result of doing so.
D.
Any person who is excluded from Gaming by a Gaming Operation pursuant
to this section may pursue the dispute resolution process contained in §6-20017.
Section 6.20.017 Non-Licensing Dispute Resolution Process
A.
The Gaming Commission is authorized to adjudicate disputes that may arise
by the Gaming public.
B.
Any person having a dispute with a Gaming Operation may request that the
Gaming Operation’s Gaming manager resolve the dispute. If dissatisfied with
the result, the person may request a hearing with the Gaming Commission.
Such a hearing shall be held within thirty (30) days of receipt of a written
request from the grievant. A decision shall be issued by the Gaming
Commission at the hearing or within fourteen (14) days of the hearing.
PART IV.
INDIVIDUAL LICENSES
Section 6.20.018 Applications for Key Employee and Primary Management
Official Positions
A.
Applications for Key Employee and Primary Management Official positions
shall be submitted to the Gaming Commission for Licensing and background
investigations.
B.
The following notice shall be placed on the Gaming Commission’s License
application form for a Key Employee or a Primary Management Official
before that form it is filled out by an applicant:
In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25 U.S.C. §§
2701 et. seq. The purpose of the requested information is to determine the eligibility
of individuals to be granted a gaming license. The information will be used by the
Tribal gaming regulatory authorities and by the NIGC members and staff who have
need for the information in the performance of their official duties. The information
may be disclosed by the Tribe or the NIGC to appropriate Federal, Tribal, State,
local, or foreign law enforcement and regulatory agencies when relevant to civil,
criminal, or regulatory investigations or prosecutions or when pursuant to a
requirement by a tribe or the NIGC in connection with the issuance, denial, or
revocation of a gaming license, or investigations of activities while associated with a
tribe or a gaming operation. Failure to consent to the disclosures indicated in this
notice will result in a tribe being unable to license you for a Primary Management
Official or Key Employee position.
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CH. 6.20 GAMING ORDINANCE
Page 13 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
The disclosure of a Social Security Number (SSN) is voluntary. However,
failure to supply a SSN may result in errors in processing your application.
C.
The following additional notice shall be placed on the application form for a
Key Employee or Primary Management Official before it is filled out by an
applicant:
A false statement on any part of your license application may be grounds for
denying a license or the suspension or revocation of a license. Also, you may be
punished by fine or imprisonment (U.S. Code, Title 18, Section 1001).
D.
Existing Key Employees and Primary Management Officials shall be notified
in writing that they shall either:
1.
complete a new application form that contains the Privacy Act notices
provided in § 6-20-018(B) and (C); or
2.
sign a statement that contains the Privacy Act notices provided in § 620-018(B) and (C) and consent to the routine uses described in that
notice.
Section 6.20.019 Background Investigations
A.
The Gaming Commission shall perform a background investigation for each
prospective or current Primary Management Official and Key Employee in a
Gaming Operation sufficient to make an eligibility determination under § 620-021. The background investigation shall include the following:
1.
a check of criminal history records information maintained by the
Federal Bureau of Investigations;
2.
the Gaming Commission shall request from each prospective or current
Primary Management Official and Key Employee all of the following
information:
TITLE 6
a.
full name, other names used (oral or written), social security
number, birth date, place of birth, citizenship, gender, and all
languages (spoken and/or written);
b.
currently, and for the previous five (5) years, business and
employment positions held, ownership interests in those
businesses, business and residence addresses, and driver's
license numbers;
c.
the names and current addresses of at least three (3) personal
references, including one personal reference who was acquainted
with the applicant during each period of residence listed above
under § 6-20-019(A)(2)(b);
d.
current business and residence telephone numbers and all cell
phone numbers;
CH. 6.20 GAMING ORDINANCE
Page 14 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
e.
a description of any existing and previous business relationships
with other tribes, including ownership interests in those
businesses;
f.
a description of any existing and previous business relationships
with the Gaming industry generally, including ownership
interests in those businesses;
g.
the name and address of any licensing or regulatory agency with
which the person has filed an application for a license or permit
related to Gaming, whether or not such license or permit was
granted;
h.
for each felony for which there is an ongoing prosecution or a
conviction, the charge, the name and address of the court
involved and the date of disposition, if any;
i.
for each misdemeanor for which there is an ongoing prosecution
or a conviction (excluding minor traffic violations) within ten
(10) years of the date of the application, the name and address of
the court involved and the date of disposition, if any;
j.
for each criminal charge (excluding minor traffic violations),
whether or not there is a conviction, if such criminal charge is
within ten (10) years of the date of the application, and is not
otherwise listed pursuant to § 6-20-019(A)(2)(h) or § 6-20019(A)(2)(i) of this section, the criminal charge, the name and
address of the court involved, and the date of disposition, if any;
k.
the name and address of any licensing or regulatory agency with
which the person has filed an application for an occupational
license or permit, whether or not such license or permit was
granted;
l.
a photograph;
m.
any other information the Tribe deems relevant; and
n.
fingerprints obtained in accordance with procedures adopted by
the Tribe; the law enforcement agency designated to take
fingerprints is the Tribe’s Police Department.
3.
Nez Perce Tribal Enterprises Human Resources shall provide a written
statement to the background investigator stating that three (3)
personal references and three (3) employment checks were performed,
stating that no problems were discovered, or stating the details of any
problems discovered; and
4.
Nez Perce Tribal Enterprises Human Resources shall provide the
Gaming Commission with employee action reports for Key Employees
and Primary Management Officials, including employee action reports
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 15 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
for new hires, terminations, and transfers. Such employee action
reports shall include the employee’s name and new position and shall
be sent to the Gaming Commission within one (1) week of the employee
action.
B.
C.
The Gaming Commission shall provide the results of all background
investigations in an investigation report. Background investigation reports
shall include the following information:
1.
steps taken in conducting the background investigation;
2.
results obtained;
3.
conclusions reached; and
4.
the basis for those conclusions.
Unless extraordinary circumstances apply, the Gaming Commission shall
require, for a tri annual background investigation of an employee already
issued a License, information regarding only the previous License term.
Section 6.20.020 Procedures for Background Investigations
A.
B.
C.
A background investigator shall not conduct the background investigation for
a License applicant if that background investigator has a conflict or the
appearance of a conflict, including the following:
1.
the background investigator has applied for the same position held or
sought by a particular License applicant; or
2.
the background investigator is considered a “close relative” of a License
applicant, as defined in the Nez Perce Tribal Enterprises Human
Resources Manual.
The background investigator shall conduct the initial investigation by:
1.
verifying written or oral information submitted by the applicant;
2.
inquiring into the applicant's prior activities, criminal record if any,
reputation, habits, and associations;
3.
interviewing a sufficient number of knowledgeable people, such as
former employers, personal references, and others to whom referred;
and
4.
documenting all potential problem areas noted and disqualifying
information obtained.
The background investigator shall use the employment and personal
reference checks conducted by Nez Perce Tribal Enterprises Human
Resources.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 16 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
D.
The Gaming Commission and its background investigators shall keep
confidential the identity of each person interviewed in the course of
conducting a background investigation.
E.
The Gaming Commission shall send to the NIGC the names and fingerprint
cards for those Licensees or applicants who require a Federal Bureau of
Investigations criminal background check, with the appropriate funds to
cover the costs of such inquiry. Completed fingerprint cards will be returned
to the Gaming Commission and placed in the applicant's confidential
background file.
F.
Information obtained from NIGC as a result of Federal Bureau of
Investigations criminal background checks shall be reviewed only by the
Gaming Commission and the background investigator. No further
dissemination of this information is authorized; and, in fact, the Gaming
Commission is subject to the restrictions set forth in a Tribe’s Memorandum
of Understanding with NIGC dated September 9, 2021.
Section 6.20.021
Eligibility Determination
Before a License is issued to a Primary Management Official or Key Employee, the
Gaming Commission shall make a finding, concerning the eligibility of that person
for receiving a License by reviewing the applicant’s prior activities, criminal record,
if any, reputation, habits, and associations, and the information received from
NIGC resulting from the Federal Bureau of Investigations fingerprint check.
Section 6.20.022 Notice of Results
A.
Before issuing a three (3)-year permanent License to a Primary Management
Official or Key Employee, the Gaming Commission shall prepare a Notice of
Results of the applicant’s background investigation to submit to the NIGC.
The Notice of Results shall include the following information:
1.
the applicant’s name, date of birth, and social security number (if
available);
2.
the date on which the applicant began, or will begin, working as a
Primary Management Official or Key Employee;
3.
a summary of the information presented in the investigation report,
including:
TITLE 6
a.
licenses, whether issued by the Gaming Commission or another
entity, that have previously been denied;
b.
licenses, whether issued by the Gaming Commission or another
entity, that have been revoked, even if subsequently reinstated;
c.
every known criminal charge brought against the applicant
within the last ten (10) years of the date of the application; and
CH. 6.20 GAMING ORDINANCE
Page 17 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
d.
4.
B.
every felony offense of which the applicant has been convicted or
any ongoing felony prosecution.
a copy of the eligibility determination made in accordance with this
section.
The Notice of Results must be submitted to the NIGC no later than sixty (60)
days after the applicant begins working. A response from NIGC shall be
requested by the Gaming Commission within thirty (30) days of receipt of the
Gaming Commission's Notice of Results.
Section 6.20.023 Issuing and Revoking Primary Management Official and
Key Employee Licenses
A.
The Gaming Commission is authorized to issue and revoke ninety (90)-day
temporary Licenses, three (3)-year permanent Licenses, and conditional
Licenses not to exceed one (1) year.
1.
Gaming Commission members are authorized to sign issued Licenses;
and
2.
the Gaming Commission may revoke a ninety (90)-day temporary
License, a three (3)-year permanent License, or a conditional License
not to exceed one (1) year at any time.
a.
all revocations are subject to the appeal process set forth in §620-025; and
b.
when the Gaming Commission revokes a previously issued three
(3)-year permanent License or conditional License, it shall notify
the NIGC and forward copies of its eligibility determination and
Notice of Results of the applicant’s background investigation to
the NIGC for inclusion in the Indian Gaming Individuals Record
System.
B.
All Primary Management Officials and Key Employees of a Gaming
Operation must have a valid License issued by the Gaming Commission prior
to beginning work.
C.
Issuing ninety (90)-day temporary Licenses:
1.
the Gaming Commission may issue a ninety (90)-day temporary
License for a Gaming Operation or Gaming Employee based on a Nez
Perce Tribal Enterprises Human Resources review and approval of a
completed employee application.
a.
TITLE 6
the Gaming Commission Director has the authority to sign
ninety (90)-day temporary Licenses on behalf of Gaming
Commission members, if Gaming Commission members are not
available and only after efforts are made and documented to
locate them; and
CH. 6.20 GAMING ORDINANCE
Page 18 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
b.
D.
Gaming Operations shall not employ an individual in a Primary
Management Official or Key Employee position after ninety (90)
days of beginning work at the Gaming Operation who does not
have a three (3)-year permanent License or a conditional License
not to exceed one (1) year.
Issuing three (3)-year permanent Licenses and conditional Licenses not to
exceed one (1) year:
1.
before issuing a three (3)-year permanent License or a conditional
License not to exceed one (1) year to a Primary Management Official or
Key Employee applicant, the Gaming Commission must submit a
Notice of Results, in accordance with §6-20-022, to NIGC. A Notice of
Results must be submitted to NIGC no later than sixty (60) days after
the applicant begins work.
2.
Gaming Commission actions based on NIGC’s response to a Notice of
Results:
a.
b.
objections made by NIGC prior to the Gaming Commission
issuing a three (3)-year permanent License or conditional
License not to exceed one (1) year:
i.
if the Gaming Commission receives from NIGC a
statement of itemized objections to the issuance of a
License within thirty (30) days of NIGC receiving the
Gaming Commission’s Notice of Results for the applicant,
the Gaming Commission must reconsider the License
application for a Primary Management Official or Key
Employee, taking into account the objections itemized by
the NIGC; or
ii.
if the Gaming Commission receives from NIGC a request
for additional information within thirty (30) days of NIGC
receiving the Gaming Commission’s Notice of Results for
the applicant, the Gaming Commission shall respond to
the request. Such a request from NIGC shall suspend the
thirty (30) day period under the preceding paragraph, §620-023(D)(2)(a)(i), until the Chairman of NIGC receives
the additional information from the Gaming Commission.
objections made by NIGC after the Gaming Commission has
issued a three (3)-year permanent License or conditional License
not to exceed one (1) year:
i.
TITLE 6
if, after the Gaming Commission has issued a License to a
Primary Management Official or Key Employee, the
NIGC notifies that Tribe that it has received reliable
information indicating that the Licensee is not eligible for
CH. 6.20 GAMING ORDINANCE
Page 19 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
employment, in accordance with 25 C.F.R. § 558.4 and 25
C.F.R. § 556.5, the Gaming Commission shall
immediately, upon receipt of such notification, suspend
such License and provide the Licensee with written notice
of the suspension and its proposed revocation of the
License. The Gaming Commission shall then follow the
procedures set out in §6-20-025.
E.
F.
Issuing conditional Licenses not to exceed one (1) year:
1.
the Gaming Commission may issue a conditional License not to exceed
one (1) year when an applicant does not meet the standards required of
Licensees outlined in the Nez Perce Tribal Code, this Gaming
Ordinance, a Compact, or the regulations promulgated by the Gaming
Commission; and
2.
conditional Licenses not to exceed one (1) year are not renewable.
Renewing three (3)-year permanent Licenses:
1.
G.
the Gaming Commission shall renew a three (3)-year permanent
License following a satisfactory criminal background investigation for
the preceding License period. Only when extraordinary circumstances
warrant an additional background investigation shall the Gaming
Commission's background investigation inquire into an applicant's
activities earlier than the previous License period. This section does
not relieve a Licensee of the obligation and responsibility of providing
required updated information to the background investigator, such as:
a.
criminal charges, convictions; and
b.
status changes, new addresses.
The Gaming Commission shall notify NIGC within thirty (30) days of the
issuance of a three (3)-year permanent License, renewal of a three (3)-year
permanent License, or issuance of a conditional License not to exceed one (1)
year.
Section 6.20.024 Denying Primary Management Official and Key
Employee Gaming Licenses
A.
The Gaming Commission is authorized to deny ninety (90)-day temporary
Licenses, three (3)-year permanent Licenses, and conditional Licenses not to
exceed one (1) year.
B.
The Gaming Commission shall not License a Primary Management Official
or Key Employee if the Gaming Commission determines, in applying the
standards for making a License eligibility determination, that Licensing the
person:
1.
TITLE 6
poses a threat to the public interest;
CH. 6.20 GAMING ORDINANCE
Page 20 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
C.
2.
poses a threat to the effective regulation of Gaming; or
3.
creates or enhances the dangers of unsuitable, unfair, or illegal
practices, methods and/or activities in the conduct of Gaming.
When the Gaming Commission does not issue or denies a three (3)-year
permanent License or a conditional License not to exceed one (1) year to an
applicant for a Primary Management Official or Key Employee position it
shall:
1.
notify the NIGC;
2.
notify the applicant; and
3.
forward copies of its eligibility determination and Notice of Results of
the applicant’s background investigation to the NIGC for inclusion in
the Indian Gaming Individuals Record System.
Section 6.20.025 Notice and Appeal of Decisions of the Nez Perce Tribal
Gaming Commission
A.
This section applies to all Vendor Licenses and Gaming Facility Licenses the
Gaming Commission has denied or revoked and all individual Licenses the
Gaming Commission has denied, suspended and proposed for revocation
under 25 C.F.R. § 558.4 and 25 C.F.R. § 556.5, or revoked.
B.
If the Gaming Commission denies a License, suspends and proposes
revocation of a License previously granted, or revokes a License previously
granted, the Gaming Commission shall do so in writing, outlining the reasons
for such decision, and deliver such written notice to the person.
C.
If the Gaming Commission denies or revokes a License, the License applicant
or former Licensee has five (5) days from the date they receive the Gaming
Commission’s notice of denial or revocation to submit a written request for a
hearing before the Gaming Commission. If the License applicant or former
Licensee requests a hearing before the Gaming Commission within the five
(5)-day period, the Gaming Commission shall notify the Licensee in writing of
a time and place for a hearing on the denial or revocation of the License.
D.
If the Gaming Commission proposed revocation of a License based on notice
from NIGC that the Licensee is not eligible for employment, in accordance
with 25 C.F.R. § 558.4 and 25 C.F.R. § 556.5, the Gaming Commission shall
automatically schedule a hearing and notify the Licensee in writing of the
time and place for the hearing on the proposed License revocation.
E.
The Gaming Commission shall schedule hearings as soon as practicable.
F.
The Gaming Commission shall provide to all persons for whom a hearing has
been scheduled, upon their written request, full disclosure of all information
and evidence that forms the basis for the hearing.
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CH. 6.20 GAMING ORDINANCE
Page 21 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
G.
The Gaming Commission shall provide a copy of the Gaming Commission’s
hearing procedures to all persons for whom a hearing has been scheduled.
H.
Both the Gaming Commission and the person whose License application,
License, or former License are at issue in the hearing may submit evidence.
I.
After a hearing, the Gaming Commission shall decide in writing whether to
issue, revoke, or reinstate the License at issue. The Gaming Commission
shall notify the Licensee by certified mail, return receipt requested, of their
decision within fourteen (14) days following the hearing.
1.
The Gaming Commission shall notify the NIGC of its decision revoke
or reinstate a License proposed for revocation within forty-five (45)
days of receiving notification from the NIGC, in accordance with 25
C.F.R. § 558.4 and 25 C.F.R. § 556.5, that the Licensee is not eligible
for employment.
J.
If the License applicant, Licensee, or former Licensee does not receive written
notice of a Gaming Commission decision by certified mail, return receipt
requested, within fourteen (14) days of the revocation hearing, the person
may immediately file notice in the Nez Perce Tribal Court for an order
requiring the Gaming Commission to issue a 90-day temporary License to
work pending a rehearing on the matter.
K.
If the License applicant, Licensee, or former Licensee is dissatisfied with the
decision issued by the Gaming Commission, they may appeal the Gaming
Commission’s decision to the Nez Perce Tribal Court within thirty (30) days
of the Gaming Commission’s written decision. Their appeal to the Nez Perce
Tribal Court shall be only on the hearing record and shall not be heard de
novo. If Nez Perce Tribal Court finds that the order of the Gaming
Commission was issued arbitrarily and capriciously, clearly erroneously, in
violation of the Tribe’s Constitution or the constitutional rights of Indians (25
U.S.C. §§ 1301 1303), made upon unlawful procedure, or there was some
other clear error of law, the Court shall vacate the same and remand.
Otherwise, the decision of the Gaming Commission shall be upheld. If the
former Licensee is dissatisfied with the decision issued by the Nez Perce
Tribal Court, they may appeal to the Nez Perce Court of Appeals, in
accordance with the Nez Perce Tribal Code.
Section 6.20.026 Records Retention
A.
When a Primary Management Official or Key Employee is employed by the
Tribe, a complete application file, containing all the information listed in
section §6-20-019(A), shall be maintained by the Gaming Commission.
B.
The Gaming Commission shall retain, for no less than three (3) years from
the date a Primary Management Official or Key Employee is terminated from
employment, the following documentation:
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CH. 6.20 GAMING ORDINANCE
Page 22 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
1.
applications for Licensing;
2.
investigation reports; and
3.
eligibility determinations.
PART V.
GAMING FACILITY LICENSES
Section 6.20.027 Licenses for Gaming Facilities
A.
The Gaming Commission shall issue a separate Gaming Facility License to
each place, facility, or location on the Tribe’s Indian Lands where Class II or
Class III Gaming is conducted under this Gaming Ordinance.
B.
The Gaming Commission shall submit to the NIGC Chair a notice that
issuance of a Gaming Facility License is under consideration by the Gaming
Commission. This notice must be submitted at least one hundred twenty
(120) days before the opening of any new Gaming Facility on the Tribe’s
Indian Lands where Class II or Class III Gaming will occur.
1.
The notice must contain the following:
a.
a legal description of the property;
b.
the tract number for the property as assigned by the Bureau of
Indian Affairs, Land Title Records Offices, if any;
c.
if not maintained by the Bureau of Indian Affairs, a copy of the
trust or other deed(s) to the property or an explanation as to
why such documentation does not exist; and
d.
if not maintained by the Bureau of Indian Affairs, Department
of the Interior, documentation of property ownership.
C.
The Gaming Commission does not need to submit to the NIGC Chair a notice
that a Facility License is under consideration for issuance for occasional
charitable events lasting not more than one week.
D.
The Gaming Commission may request an expedited review of sixty (60) days
and the NIGC Chair shall respond to the Tribe’s request, either granting or
denying the expedited review, within thirty (30) days.
E.
The Gaming Commission shall only issue a Gaming Facility License if the
application includes the required information and documentation and
sufficiently satisfies any additional conditions deemed necessary by the
Tribe.
F.
Gaming Commission members are authorized to sign issued Licenses.
G.
The Gaming Commission shall submit a copy of each newly issued or
renewed Gaming Facility License to the NIGC Chair within thirty (30) days
of issuance, along with any other required documentation.
H.
The Gaming Commission may revoke a Gaming Facility License at any time.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 23 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
I.
The Gaming Commission shall notify the NIGC Chair within thirty (30) days
if a Gaming Facility License is revoked or expires or if a Gaming Facility
closes or reopens.
J.
All denials and revocations of Gaming Facility Licenses are subject to the
appeal process set forth in §6-20-025.
PART VI.
VENDOR LICENSES
Section 6.20.028 Licenses for Vendors
A.
Vendors of Gaming services or supplies, with a value of $25,000 or more
annually, must have a Vendor License from the Gaming Commission to
transact business with a Gaming Operation. Contracts for professional legal
and accounting services are excluded from this section.
B.
Gaming Commission members are authorized to sign issued Vendor Licenses.
C.
The Gaming Commission may revoke a Vendor License at any time.
D.
All denials and revocations of Vendor Licenses are subject to the appeal
process set forth in §6-20-025.
Section 6.20.029 Submission of a Vendor License Application
To obtain a Vendor License, the business must complete a Vendor application and
submit to background investigations of itself and its principles. Principles of a
business include those officers, directors, managers, owners, and non-institutional
stockholders that either own 10% or more of the business’ stock or are the 10 largest
stockholders, as well as the on-site supervisors or managers designated in an
agreement with the Tribe, if applicable.
Section 6.20.030 Contents of the Vendor License Application
A.
Applications for Vendor Licenses must include the following:
1.
name of business;
2.
any other names used by the applicant in business;
3.
business address;
4.
main office address (if different from business address);
5.
business phone number(s);
6.
federal tax identification number (or social security number if sole
proprietorship);
7.
type of services applicant will provide;
8.
whether applicant is a partnership, corporation, limited liability
company, sole proprietorship, or other entity;
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 24 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
B.
9.
if the applicant is a corporation, the state of incorporation, and the
applicant’s qualification to do business in the state of the Gaming
Operation, if the Gaming Operation is in a different state than the
corporation’s state of incorporation;
10.
trade name, other names ever used and names of any wholly-owned
subsidiaries or other businesses owned by the Vendor or its principals;
11.
general description of the business and its activities;
12.
whether the applicant will be investing in, or loaning money to, the
Gaming Operation, and, if so, how much;
13.
description of any existing and previous business relationships with
the gaming industry generally, including ownership interests in those
businesses;
14.
a list of Indian tribes with which the Vendor has an existing or
previous business relationship, including ownership, financial, or
management interests in any non-Gaming activity;
15.
names, address, and telephone numbers or three (3) business
references with whom the company has regularly done business for the
past five (5) years;
16.
the name and address of any licensing or regulatory agency with which
the business has filed an application for a license or permit related to
Gaming, whether or not such license or permit was granted;
17.
if the business has ever had a license revoked for any reason and the
circumstances involved;
18.
a list of lawsuits to which the business has been a defendant, including
the name and address of the court involved, and the date and
disposition, if any;
19.
a list of the business’ funding sources and liabilities of $50,000 or
more;
20.
a list of the principals of the business, their social security numbers,
addresses, telephone numbers, titles, and percentage of ownership in
the company; and
21.
any further information the Tribe deems relevant.
The following notice shall be placed on the application form for a Vendor and
its principals:
Inclusion of false or misleading information in the Vendor application may be
grounds for denial or revocation of the Tribe’s Vendor License.
C.
A Vendor may submit to the Gaming Commission a copy of a recent license
application to another jurisdiction if it contains the information listed above.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 25 of 26
NEZ PERCE TRIBE REVISED CODES
As Amended through Resolution NP 23-482 (September 26, 2023)
The Vendor will be required to submit, in writing, any changes in the
information contained in the other license application as well as any
additional information requested by the Tribe.
Section 6.20.031 Vendor Background Investigations
A.
The Gaming Commission shall employ, or otherwise engage, an investigator
to complete a background investigation of a Vendor. This background
investigation shall include, at minimum, the following steps:
1.
verification of the Vendor business’ incorporation status and
qualifications to do business in the state where the Gaming Operation
is located;
2.
obtaining a business credit report, if available, and conducting a Better
Business Bureau check of the Vendor;
3.
conducting a check of the Vendor business’ credit history;
4.
calling and questioning each of the references listed in the Vendor
application; and
5.
investigating the principals of the Vendor’s business, including
facilitating a criminal history check, obtaining criminal history check
results, obtaining a credit report, and interviewing the personal
references listed.
Section 6.20.032 Vendor Background Investigation Reports
The investigator shall complete a background investigation report covering each of
the steps taken in the background investigation of the Vendor and the Vendor’s
principals and shall present the background investigation report to the Gaming
Commission.
Section 6.20.033 Vendors Licensed By Recognized Regulatory Authorities
The Gaming Commission may adopt regulations authorizing exemptions to the
Vendor Licensing process for Vendors who have received licenses from specific
licensing authorities recognized, and named, by the Gaming Commission.
Section 6.20.034 Compliance with Federal Law
The Tribe shall comply with all applicable federal laws, including the Bank Security
Act, 31 U.S.C. § 5311 et. seq.
TITLE 6
CH. 6.20 GAMING ORDINANCE
Page 26 of 26
CHAPTER 6-3
FIREWORKS ORDINANCE
§6-3-1
Title
This Ordinance may be cited or referred to as “The Fireworks Regulatory Act.”
§6-3-2
Purpose
The purpose of this ordinance is to regulate the sale of fireworks upon the Nez Perce
Reservation and provide for the safety of persons and property by such regulation.
§6-3-3
Jurisdiction
This Ordinance applies to all Indians within the exterior boundaries of the Nez Perce
Reservation.
§6-3-4
Definitions
(a)
“Common Fireworks” is defined as devices designed to produce a visible or
audible effect by combustion, deflagration, explosion, or detonation.
(b)
“Fireworks outlet” means each individual fireworks stand operated on trust and
Indian-owned property within the exterior boundaries of the Nez Perce Reservation.
(c)
“Indian-Owned Lands” shall mean Nez Perce Indian-owned property, both tribal
and individual.
(d)
“License” is a permit issued by the Nez Perce Tribe to each fireworks outlet
authorizing the sale of fireworks on trust and Indian-owned property within the exterior
boundaries of the Nez Perce Reservation.
(e)
“NPTEC” shall mean the Nez Perce Tribal Executive Committee.
(f)
“Permit” is a permit issued by the Nez Perce Tribe to each fireworks outlet
authorizing the sale of fireworks on trust and Indian-owned property within the exterior
boundaries of the Nez Perce Reservation, and to each wholesale operator authorizing transport
and sale of fireworks for the purpose of resale. (amended by NPTEC 12/8/15)
(g)
“Person” includes any individual, firm, partnership, joint venture, association,
concern, corporation, estate, trust, business, receiver, syndicate, or any groups or combination
acting as a unit.
(h)
“Operator” is the person responsible for a fireworks business whether the
operation is on the wholesale or retail level.
(i)
“Quitclaim Deed” is a deed that passes on to the buyer all those rights or as much
of a title as a seller actually has. A quitclaim deed does not warrant (promise) that the seller
actually has full title pass on.
(j)
“Safe and Sane Fireworks” shall mean any nonaerial common fireworks such as
ground spinners, fountains, sparklers, smoke devices or snakes designed to remain on or near the
Fireworks Ordinance - 1
ground and not to travel outside a fifteen (15) foot diameter circle or emit sparks or other burning
material which land outside a twenty (20) foot diameter circle or above a height of twenty (20)
feet. Nonaerial common fireworks do not include firecrackers, jumping jacks, or similar
products. (NPTEC authorized correction of a clerical error in last sentence 6/25/02).
(k)
“Trust Property” shall mean all real property held in trust by the United States for
the Nez Perce Tribe or its individual members.
(l)
“Wholesaler” is a person or business that transports fireworks to the Nez Perce
reservation for sale to retailers for re-sale. (amended by NPTEC 12/8/15)
§6-3-5
Wholesale Permit
(a)
No person shall transport or sell on the reservation for the purposes of resale on
the reservation or sell on the reservation any fireworks of any nature unless they are a valid
holder of a wholesale permit. The fee for the wholesale permit shall be $500.00. Wholesale
permit applications must be submitted by the first Friday of June of the year the permit is
requested.
(b)
The wholesale permit is valid from the date of issuance and shall expire at the
close of the fireworks season, as established heretofore, in the same calendar year, except that the
wholesaler can sell fireworks seven (7) days prior to the established fireworks selling period of
the retailers.
(c)
No sales of fireworks shall be made pursuant to a wholesale permit, except to a
holder of a valid Nez Perce Tribal Fireworks retail permit.
(d)
Any person holding a wholesale permit shall display the same upon request to any
Tribal or BIA Law Enforcement officer and/ or tribal safety officer and shall allow such officers
to examine and inspect all merchandise transported for or offered for sale to ascertain
conformance with this ordinance.
(e)
Any individual making application for a wholesale permit who has had a previous
permit revoked or suspended may be denied a permit absent written, documented and verifiable
assurances that he/she can demonstrate legal responsibility and protect the safety of the public.
§6-3-6
Firework Retail Permit
No person shall sell fireworks without applying for a permit to sell fireworks at a
fireworks outlet on trust property or Indian owned lands within the exterior boundaries of the
Nez Perce Reservation. Applicants must be Nez Perce Tribal members and at least 18 years of
age. Each fireworks outlet must be separately permitted. A firework permit will not be issued for
property conveyed through quitclaim deeds.
§6-3-7
Right to Deny Permit
The Nez Perce Tribe reserves the right to deny applications for permits for any reason.
§6-3-8
Right to Close Fireworks Season
(a)
The Nez Perce Tribe reserves the right to close the season at any time for safety
purposes. The fireworks season shall automatically close when the firework sales cease as set out
Fireworks Ordinance - 2
in §6-3-13 (a) and (b). The discharge of fireworks will not be permitted after permits are
suspended for sales at the end of each season. (NPTEC authorized amendment 10/23/12)
§6-3-9
Application
An application shall be accompanied by a permit fee of $200.00 for the first firework
outlet, and $100.00 for each additional outlet. Temporary permits for single days or short periods
not exceeding five (5) days shall be issued for $50.00 for each application.
§6-3-10
Application Form
(a)
Full name
(b)
Enrollment number
(c)
Address
(d)
Telephone number
(e)
Location of the fireworks outlet including the allotment or unit number.
(f)
A list of the types of fireworks to be sold.
(g)
Proof of ownership, or a valid lease agreement in accordance with federal law if
fireworks outlet is located on property other than that of applicant. Application will require the
Superintendent of the BIA-NIA to certify that such agreement has been negotiated and that such
agreement meets the requirements of the BIA.
§6-3-11
Permit Suspension or Revocation
Any wholesale or retail permit issued shall be subject to revocation and/or suspension by
the Nez Perce Tribe for any violation of the ordinance in addition to the civil infractions set forth
herein or any criminal penalties that may apply. Wholesalers and Retailers may also be deemed
ineligible for a fireworks permit in subsequent years.
§6-3-12
Permit Non-Transferrable
All fireworks permits issued to an enrolled member of the Nez Perce Tribe, retail or
wholesale, shall be non-transferrable between Nez Perce Tribal members and between fireworks
outlets. The permit cannot be sold, assigned, leased or transferred in any manner whatsoever.
§6-3-13
Duration of Permit (amended by NPTEC 12/8/15)
(a)
A retail permit shall permit the sale of fireworks to the general public no sooner
than June 9th and no later than July 9th of that calendar year. Furthermore, the operator shall
remove all unsold fireworks from his or her shop or store premises not later than July 9th of the
calendar year.
(b)
A retail permit shall permit the sale of fireworks to the general public for a New
Year’s Eve fireworks season from December 24th, of that calendar year, to January 2nd of the
following year.
Fireworks Ordinance - 3
§6-3-14
Operator
The specific Tribal member so authorized and permitted as provided for above, must be
the owner, operator, and beneficiary of said business. The operator shall be held jointly
responsible for the payment of any fines resulting from violations of this ordinance by any of his
employees.
§6-3-15
Employees of Operator
All fireworks operators shall use good faith efforts to hire tribal members and other
Indians. Any person under the age of 18 years employed for the sale of fireworks pursuant to the
fireworks permit shall be supervised by an adult.
§6-3-16
Sale to Minors
It shall be unlawful to sell fireworks to anyone under the age of eighteen (18) unless such
fireworks are of a nature that has been designated as "safe and sane” fireworks as defined herein.
"Safe and sane” fireworks may be sold regardless of age.
§6-3-17
Intoxication
It shall be unlawful to sell fireworks to any intoxicated person, or for any operator or
employee to sell, discharge or distribute fireworks while under the influence of alcohol or drugs
while engaged in the distribution or sale of fireworks.
§6-3-18
Permitted Fireworks - Conformity with Federal Law
An operator shall conform in all respects, to the laws of the United States, pertaining to
the sale of fireworks. The operator shall not stock or sell any fireworks which are in violation of
the Hazardous Substance Act of the United States Code, 15 U.S. Code 1261 et seq. and
regulations promulgated thereunder.
§6-3-19
Discharge of Fireworks in Selling Area
It shall be unlawful for an operator to discharge or to allow his employee or customers to
discharge fireworks within one hundred (100) feet of a fireworks outlet.
§6-3-20
Fire Safety
(a)
All operators shall have at least two (2) ten (10) pound ABC Type approved
(inspected within one year) fire extinguishers in the selling area.
(b)
All operators shall construct and maintain a fire line around the perimeter of the
fireworks outlet.
§6-3-21
Notice
Each operator shall display at a prominent place in each fireworks outlet a notice listing
those acts declared unlawful by this Ordinance. (amended by NPTEC 12/8/15)
Fireworks Ordinance - 4
§6-3-22
Repeal
This ordinance repeals prior ordinances concerning fireworks.
§6-3-23
Non-Liability
The issuing of fireworks permits by the Tribe shall not be construed as a waiver of
sovereign immunity or as the assumption of any liability on the part of the Tribe.
§6-3-24
Severability
In the event that any provision of this act shall be found or declared invalid, the
remaining provision of this act shall be unaffected thereby and shall remain in full force and
effect.
§6-3-25
Requirements for Retail Operators (amended by NPTEC 12/8/15)
All retail operators must:
(a)
Remove all temporary structures within five (5) days of the end of the fireworks
season. If retail operator owns the property on which his outlet is located and can demonstrate
absence of fire hazard, he may be granted an exemption of this requirement.
(b)
Remove and cleanup of signs on and off the retail site, and debris and waste
resulting from retailer’s use of retail site within five (5) days of the fireworks season. If retail
operator owns the property on which his outlet is located and can demonstrate absence of a fire
hazard, he may be granted an exemption from this requirement, except for off-site signs.
(c)
Provide a designated area for fireworks displays at least 100 feet away from the
fireworks outlet or retail structure or existing buildings.
(d)
Utilize not more than four (4) signs not to exceed 32 square feet to advertise their
business, so long as such signs do not violate applicable billboard or zoning ordinances, do not
create a safety hazard, as determined by the Safety Officer; and that the operator obtain
permission of the owner on where property the sign is located.
(1)
Retail Operator’s Permit Number must be affixed to all signs used to
advertise or identify a Fireworks Retail Outlet.
(e)
The operator shall be held responsible in the event of fire, personal or physical
injury as a result of negligent acts of the operator or their employees.
§6-3-26
Violations/Sanctions
(a)
Any violation of this Ordinance shall be considered a civil infraction under §4-372 and may subject the offender to a fine.
(b)
In addition to any fine ordered under §4-3-72, Tribal Law Enforcement may close
any offending business and seize all illegal fireworks and or proceeds from same.
(c)
This section does not preclude any other civil or criminal remedies which may
apply to activities governed by this Ordinance, including immediate police action necessary to
Fireworks Ordinance - 5
protect the health and safety of the community.
Fireworks Ordinance - 6
CHAPTER 6-4
NEZ PERCE TRIBAL COMMERCIAL BUILDING AND ELECTRICAL CODE
(adopted 10/26/99, revised 5/22/18)
§6-4-1 Title
This ordinance shall be known and cited as the Nez Perce Tribal Commercial Building
and Electrical Code.
§6-4-2 Jurisdiction
(a)
The provisions of this ordinance shall apply to all structures wholly or partially
used for commercial purposes which are located on land owned by any member of a federally
recognized tribe, and which are within the 1863 Nez Perce Reservation boundary.
(b)
The exception to this provision will be compliance with the National Electrical
Code (NEC) which shall be required for residential as well as commercial purposes.
§6-4-3 Adoption of Code
(a)
The following code and its amendments, including subsequent revisions and
supplements are hereby adopted by reference and made a part of this ordinance as though fully
set forth herein including:
(b)
the current edition of the International Building Code (IBC), as compiled and
published by the International Code Council, including all of the appendices, and the current
edition of the National Electrical Code.
§6-4-4 Definitions
(a)
“Building Official” shall be a qualified building inspector who is authorized via
contract or through direct employment, to administer and enforce the IBC and the Nez Perce
Tribal Code. He inspects commercial buildings for health, sanitary or safety violations.
(b)
“Electrical Inspector” shall be a licensed electrician who inspects electrical
installations in residential and commercial building to verify compliance with Nez Perce Tribal
Code and the NEC and certifies the installation to be safe to connect and energize.
§6-4-5 Commercial Building Permits When Required
(a)
It shall be unlawful for any person, firm or corporation to erect, construct,
enlarge, substantially alter or repair, move, improve, remove, convert or demolish any
commercial building structure or mobile or pre-manufactured structure or any part or mechanical
system thereof; or to cause any of the foregoing to be done; without first obtaining a separate
building permit from the Building Official for each such building or structure. The required
permit shall be obtained before work is initiated unless other arrangements are approved in
advance by the Building Official.
Nez Perce Tribal Commercial Building Code - 1
§6-4-6 Electrical Inspection Verification
(a)
It shall be unlawful for any person, firm or corporation to energize an electrical
installation within the jurisdiction of the Nez Perce Tribe without obtaining a written document,
signed by an Electrical Inspector who has properly inspected the installation, and based on
his/her expertise, certifies that the electrical connection is in compliance with the NEC and is
safe to connect and energize.
(b)
This verification shall be required for residential, as well as commercial electrical
installations.
§6-4-7 Fees
(a)
All buildings valued at $3,000 or less shall be charged a permit fee of twenty-five
($25) dollars. Buildings valued at $3,000 or more shall be based on those fees as specified in the
attached commercial building permit fee schedule.
§6-4-8 Issue of Permits
(a)
Permits required under the provisions of this ordinance shall be issued by the
authorized Building Official, or his designee, in accordance with applicable provisions of this
ordinance, utilizing for the purpose suitable forms to be provided by the Nez Perce Tribe. The
Nez Perce Tribal Executive Committee shall employ or contract with a qualified inspector who
shall be the Building Official. Fees shall be paid to the Nez Perce Tribe Finance Department.
§6-4-9 Inspection and Enforcement
(a)
All of the inspection and enforcement required under this ordinance shall be
provided by the Nez Perce Tribe, under authority of the Nez Perce Tribal Executive Committee.
Costs of inspections, or of plan reviews shall be paid from permit fees collected by the Tribe.
§6-4-10 Public Access to Code
(a)
One (1) copy of the code adopted by this ordinance, and its supplements and later
revisions, shall be provided and made available to the public at the Tribal Employment Rights
Office, and shall be available for inspection to the public during normal business hours, upon
request. A copy of the ICC and NEC shall also be available for inspection.
§6-4-11 Noncompliance
(a)
In the event that any person, firm or corporation shall willfully fail to secure a
permit before initiation of construction or an Electrical Inspection Verification prior to
energizing an electrical installation, as required by this chapter, such person may be found to
have committed a civil infraction and upon such a finding by the Nez Perce Tribal Court may be
fined not more than three hundred dollars ($300.00), for each violation, and in addition shall be
required to pay all costs and expenses involved in the case. Nothing contained herein shall
prevent the Nez Perce Tribe from taking such other action as is necessary to prevent or to
remedy any violation before or instead of a civil infraction proceeding.
Nez Perce Tribal Commercial Building Code - 2
§6-4-12 Review
(a)
Orders, decisions or determinations made by the Building Official or Electrical
Inspector relative to the application and interpretation of the Code, may be reviewed by the Nez
Perce Tribal Court as per Chapter 2-5 of the Nez Perce Tribal Code.
§6-4-13 Severability
(a)
If any section, subsection, clause, phrase, or portion of this ordinance shall, for
any reason be held invalid or unconstitutional by a court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision, and such holding shall not affect,
invalidate or nullify the remaining portions of this ordinance. (NPTEC authorized amendment 5/22/18)
Nez Perce Tribal Commercial Building Code - 3
Nez Perce Tribal
Commercial Building Permit Fees
Total Valuation
Fee
$3,001.00 to $25,000.00
$35.00 for the first $5,000.00 plus $5.00 for each additional
$5,000.00 or fraction thereof, to and including $25,000.00.
$25,001.00 to $50,000.00
$55.00 for the first $25,000.00 plus $3.50 for each additional
$5,000.00 or fraction thereof, to and including $50,000.00.
$50,001.00 to $100,000.00
$75.00 for the first $50,000 plus $2.50 for each additional
$5,000.00 or fraction thereof, to and including $100,000.00.
$100,001.00 to $500,000.00
$95.00 for the first $100,000.00 plus $2.00 for each additional
$5,000.00 or fraction thereof to and including $500,000.00.
$500,001.00 to
$1,000,000.00
$500.00 for the first $500,000.00 plus $1.50 for each additional
$5,000.00 or fraction thereof, to and including $1,000,000.00.
$1,000,001.00 and up
$1,000.00 for the first $1,000,000.00 plus $1.00 for each
additional $1,000.00 or fraction thereof.
Other Inspections and Fees:
(a)
(b)
(c)
(d)
Inspections outside of normal business hours . . . . . . . . . . . . . . . . . . $30.00 per hour*
(minimum charge-two hours)
Reinspection fees assessed under provisions of IBC Section 109.5. ..$30.00 per hour*
Inspections for which no fee is specifically indicated . . . . . . . . . . . . $30.00 per hour*
(minimum charge - one-half hour)
Additional plan review required by changes, additions or
revisions to approved plans . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $30.00 per hour*
(minimum charge - one-half hour)
*Or the total hourly cost to the jurisdiction, whichever is the greatest. This cost shall include
supervision, overhead, equipment, hourly wages and fringe benefits of the employees involved.
(NPTEC authorized amendment 5/22/18)
Nez Perce Tribal Commercial Building Code - 4
CHAPTER 6-5
FOREST PROTECTION FIRE ORDINANCE
(chapter adopted 9/14/99)
§6-5-1
Definitions
(a)
"Campfire" means a fire, not within any building, mobile home or living
accommodation mounted on a motor vehicle, which is used for cooking, personal warmth,
lighting, ceremonial, or esthetic purposes.
§6-5-2
Fire
The following are prohibited:
(a)
Carelessly or negligently throwing or placing any ignited substance or other
substance that may cause a fire.
(b)
Firing any tracer bullet or incendiary; ammunition.
(c)
Causing timber, trees, slash, brush or grass to bum except as authorized by permit.
(d)
Leaving a fire without completely extinguishing it.
(e)
Allowing a fire to escape from control.
(f)
Building, attending, maintaining, or using a campfire without removing all
flammable material from around the campfire adequate to prevent its escape.
§6-5-3
Spark Arresters
(a)
Requirements. The steam or internal combustion engines be equipped with
properly installed, maintained, and effectively working spark arresters as categorized below:
(b)
(1)
Portable power saws. The spark arrester shall meet the standards set forth
in the Society of Automotive Engineers (SAE) Recommended Practice
J335b, "Multi-position Small Engine Exhaust System Fire Ignition
Suppression” and be listed in the most recent "Spark arrester Guide" as
having been approved as meeting above standard. Copies of the "Spark
Arrester Guide" may be viewed at the Tribal Fire Office.
(2)
Other engines. The spark arrester shall meet the standards set forth in the
publication of the USDA Forest Service, entitled "Standard 5100la for
Spark Arresters of Internal Combustion Engines" as amended under date
of July 1970, and be listed in the most recent " Spark Arrester Guide" as
having been approved as meeting above standard. Copies of the "Spark
Arrester Guide" may be viewed at the Tribal Fire Office.)
Exceptions. The following are exempt from the requirements of the rule:
(1)
Turbo-charged internal combustion engines in which one hundred percent
(100%) of the exhaust gases pass through the turbo-charger.
Forest Protection Fire Ordinance - 1
§6-5-4
(2)
Engines of passenger-carrying vehicles and light trucks, equipped with
baffle-type muffler and tailpipe through which all exhaust gasses pass, that
are kept in good repair.
(3)
Engines of heavy-duty trucks equipped with a vertical exhaust stack and
muffler extending above the cab of the vehicle.
(4)
Engines of water pumping equipment used in firefighting.
(5)
Engines of helicopters and other aircraft.
Cost of Fire Suppression and Protection
Whenever the Tribe incurs costs in controlling or extinguishing a fire that any person
willfully or is negligently responsible for, such cost shall include all actual cost to the Tribe
including wages and use of equipment.
Forest Protection Fire Ordinance - 2
CHAPTER 6-6
FUEL TAX ORDINANCE
(Chapter adopted 10/9/01)
§6-6-1
Definitions
(a)
“Administrator” shall mean the person, program or body authorized by NPTEC to
administer the Fuel Tax Ordinance.
(b)
“Distributor” shall mean those businesses, entities or individuals that receive fuel,
store it, and/or sell fuel to Retailers on a wholesale basis for resale at the Retail level.
(c)
“Fuel” shall mean any mixture of hydrocarbons suitable as a fuel for the
propulsion of motor vehicles or motorboats.
(d)
“Indian” shall mean any person who is enrolled or is eligible for enrollment in a
federally recognized Tribe or who is at least 1/4 degree Indian blood. BIA or tribal certification
may be required.
(e)
“Retailer” shall mean any business, entity or individual engaged in the retail sale
of fuel to the public.
§6-6-2
Purpose
The purpose of this Ordinance is to govern the transactions involving the receipt and sale
of fuels by Distributors and Indian-owned Retailers within the confines of the Nez Perce
Reservation.
§6-6-3
Imposition of Tax (Amended by NPTEC 6/23/15)
A tax is imposed on all fuel received within the confines of the Nez Perce Reservation
and designated for sale at the retail level to consumers. This amount is established by NPTEC
resolution. The Nez Perce Tribal Executive Committee may adjust the amount of the tax by
resolution. The tax is to be paid by the licensed Retailer and remitted with the monthly Retailer
report as required in §6-6-5(c).
§6-6-4
Distributor Licenses
(a)
No Distributor shall receive or sell fuel to a Retailer or to any person or entity for
resale unless that Distributor has a valid Distributor’s license duly issued by the Nez Perce Tribe.
(b)
A Distributor may obtain a Distributor’s license on an annual basis from the Nez
Perce Tribe by submitting a completed application form provided by the Nez Perce Tribe upon
request and paying an annual license fee of $100.00. After the first year this ordinance is
effective, the amount of annual license fees shall be established annually by resolution of the Nez
Perce Tribal Executive Committee. Licensed Distributors shall be advised in writing no later
than the last business day of September of the amount of the license fee for the next calendar
year. Fees for an application submitted during the calendar year shall be prorated. The Nez
Perce Tribe may require posting of a bond, in addition to the license fee, or any other
requirement deemed necessary in administering the Ordinance and is under no obligation to issue
any Distributor’s license.
(c)
A Distributor, regardless of whether he obtains a Distributor’s License shall
Fuel Tax Ordinance - 1
submit, not later than the tenth day of the calendar month following the month in which fuel was
received, monthly reports of amounts of fuel received and any other information reasonably
requested by the Administrator. If the tenth of the month falls on a holiday or week-end, such
report shall be due on the next business day following the week-end or holiday.
(d)
All Distributors will be required to comply with federal requirements for health
and safety in regard to construction, placement and operation of fuel storage tanks, trucks and
other related equipment. Such compliance shall be demonstrated to the satisfaction of the
Administrator prior to obtaining a license. Notwithstanding additional enforcement tools as set
forth herein and, in the Nez Perce, Tribal Code, a license may be revoked for non-compliance.
§6-6-5
Retailer Licenses
(a)
No Indian shall operate a Retail Fuel Station within the boundaries of the Nez
Perce Reservation unless that Retailer has a valid license duly issued by the Nez Perce Tribe.
Nor shall a Retail Fuel Station purchase fuel from any entity other than a duly licensed
Distributor of the Nez Perce Tribe.
(b)
A Retailer may obtain a Retailer’s license on an annual basis from the Nez Perce
Tribe by submitting a completed application form provided by the Nez Perce Tribe upon request
and paying an annual license fee of $100.00. After the first year this ordinance is effective, the
amount of annual license fees shall be established annually by resolution of the Nez Perce Tribal
Executive Committee. Licensed Retailers shall be advised in writing no later than the last
business day of September of the amount of the license fee for the next calendar year. Fees for
an application submitted during the calendar year shall be prorated. The Nez Perce Tribe may
require posting of a bond, in addition to the license fee, or any other requirement deemed
necessary in administering the Ordinance and is under no obligation to issue any Retailer’s
license.
(c)
A Retailer, regardless of whether he obtains a Retailer’s License shall submit, not
later than the tenth day of the calendar month following the month in which fuel was
received/sold, monthly reports of amounts of fuel received and sold and any other information
reasonably requested by the Administrator. If the tenth of the month falls on a holiday or weekend, such report shall be due on the next business day following the week-end or holiday.
(d)
A Retailer shall also, with the report, remit the amount of taxes imposed on fuel
received the preceding month, as set forth in subsection (c) of this section. (correction to subsection:
replaced word distributor with correct word retailer effective 3/26/02)
(e)
All Fuel Retailer Stations will be required to comply with federal requirements for
health and safety in regard to construction, placement and operation of fuel storage tanks and
other related equipment. Such compliance shall be demonstrated to the satisfaction of the
Administrator prior to obtaining a license. Notwithstanding additional enforcement tools as set
forth herein and, in the Nez Perce, Tribal Code, a license may be revoked for non-compliance.
§6-6-6
Enforcement
(a)
Any Indian person, corporation or entity that receives or sells fuel within the Nez
Perce Reservation, with or without a license, is deemed to be doing business within the Nez
Perce Reservation and shall be subject to the jurisdiction of the Nez Perce Tribe and the terms of
this Ordinance. Any Indian person, corporation or entity doing business within the Nez Perce
Fuel Tax Ordinance - 2
Reservation shall be subject to the service of process issued by the Nez Perce Tribal Court as
though that person, corporation or entity was a resident of the Nez Perce Reservation.
(b)
Any person, corporation or entity who engages in the business as a fuel
Distributor or fuel Retailer without being the holder of a valid license shall be guilty of a civil
infraction. Each day of business without a valid license shall constitute a separate offense.
(c)
A Distributor or Retailer whose monthly reports are not received within seven
days of the date it is due may be subject to a daily fine of $100 for each day the report is late.
Such report will be presumed to be late on the eighth day after the date is due. Such fine may be
assessed by the Administrator as an administrative procedure and shall accrue interest at the
highest legal rate allowed under federal law. If such report is received by the Nez Perce Tribe
after the seven day late period and the postmark date on the envelope is found to have a date
within the allowable time period, no penalty will be assessed. An appeal of any penalty
assessment shall be available through the Nez Perce Tribal Court and the sole basis for review
shall be whether the report was postmarked before the required date and received by the Nez
Perce Tribe before or within the seven day late period.
(1)
Enactment of this provision as law and delivery to all existing licensees
and new applicants shall be deemed full and fair notice of them of their
reporting obligations and no further notice shall be required. The failure
to provide the required monthly report within twenty days after the seven
day late period, when it will be presumed late or an indication by the
Distributor or Retailer that he/she will not comply with the reporting
requirements, shall be deemed a violation of this ordinance and be subject
to such additional penalties as provided herein.
(d)
In the event that a Distributor or Retailer fails to provide the monthly reports as
required herein, the Administrator may assess the fines authorized in section VI.B. above. The
Administrator shall serve written notice by regular mail addressed to the licensee of the amount
of the fine then due, request the monthly report, demand payment of the fine then due in full
immediately and advise the licensee that if the report and payment are not received by that
deadline, the license will be suspended on that date. Unless a licensee pays the total fine due and
submits the required report within twenty days of the date due, their license shall be suspended
by the Administrator. Once suspended for failure to pay the fine assessed or to provide the
report within twenty days of the date due, the license shall not be reinstated unless and until the
licensee provides a cash performance bond to the Tribe in the amount of $50,000 to ensure
compliance with the provisions of this ordinance.
(e)
In all other instances where the Administrator reasonably believes that a violation
of the Fuel Tax Ordinance has occurred, the Administrator shall, on a timely basis, conduct such
investigation into relevant facts as is necessary and provide such information to the Nez Perce
Tribal Executive Committee, Office of Legal Counsel who shall take such legal steps as are
necessary to ensure compliance with the provisions of the Code. If warranted, the legal steps
could include a referral to the Tribal Prosecutor for criminal charges to be filed.
(f)
Upon a determination by the Court that a violation of any provision of this
Ordinance has occurred, sanctions, including any or all of the following, may be imposed:
(1)
Revocation of Distributor or Retail license;
Fuel Tax Ordinance - 3
(2)
Civil fine in an amount established by the Court unless the violation for
which it is imposed resulted in the loss of revenue to the Nez Perce Tribe
in which case, the amount of the fine shall be equal to three times the
amount of revenue lost to the Nez Perce Tribe;
(3)
Forfeiture of property belonging to Distributor or Retailer within the
boundaries of the Nez Perce Reservation of a value sufficient to pay in full
any fine, assessment or amount due pursuant to this Ordinance;
(4)
Posting of a cash bond with Nez Perce Tribe before license is reissued or
restored.
(g)
The Nez Perce Tribe may file a complaint with the Nez Perce Tribal Court
alleging a violation of the Fuel Tax Ordinance. If the complaint seeks preliminary relief,
including but not limited to, the closure of the Distributor or Retailers business pending final
disposition of the complaint, the Nez Perce Tribal Court may be requested to issue an order
granting the preliminary relief on an ex parte basis upon a showing by the Nez Perce Tribe that
reasonable efforts were made to advise the named defendant of the filing of the complaint and
the request for preliminary relief. Upon presentation of prima facie evidence that a Distributor or
Retailer failed to provide the reports or pay the taxes required by the Fuel Tax Ordinance, the
court shall grant the preliminary relief. Regardless of whether the preliminary relief is granted,
the court shall schedule the cause notice to be served upon the defendant and hold a full hearing
on the matter of the preliminary relief no later than three business days from the date of the
complaint.
(h)
Any order of the Nez Perce Tribal Court granting preliminary relief may include
authorization or direction to appropriate enforcement agencies to secure premises or property to
avoid transfer or concealment of property that may be subject to forfeiture.
(i)
Any transfer or concealment of property subject to forfeiture by a Distributor or
Retailer to avoid or attempt to avoid forfeiture pursuant to, or enforcement of, this ordinance
shall be a criminal offense subject to criminal penalties.
§6-6-7
Distribution of Tax Revenues
Tax revenues shall be distributed as determined by the Nez Perce Tribal Executive
Committee.
§6-6-8
Violations/Sanctions
(a)
Any violation of this Ordinance shall be considered a civil infraction under §4-373 and may subject the offender to a fine.
(b)
In addition to any fine ordered under §4-3-73, Tribal Law Enforcement may close
any offending business and seize all fuel or fuel proceeds from same.
(c)
This section does not preclude any other civil or criminal remedies which may
apply to activities governed by this Ordinance, including immediate police action necessary to
protect the health and safety of the community.
Fuel Tax Ordinance - 4
CHAPTER 6-7
TOBACCO AND LIQUOR ORDINANCE
(adopted by NPTEC 10/28/03)
§6-7-1
Definitions
(a)
standard.
Carton of Cigarettes - A unit made up of packages of cigarettes per industry
(b)
Distributor - Those businesses that sell tobacco products to Operators on a
wholesale basis for resale at tobacco or liquor outlets.
(c)
Licensee - Any person or operator who holds either a Distributor's license or an
Outlet license issued pursuant to this Ordinance.
(d)
Operator - shall mean an enrolled member of the Nez Perce Tribe licensed by the
Tribe to operate a tobacco or liquor outlet.
(e)
Other Tobacco Products - shall mean any cigars, cheroots, stogies, smoking
tobacco (including granulated, plug, cut, crimp cut, ready rubbed and any other kinds and forms
of tobacco suitable for smoking in a pipe or cigarette), chewing tobacco (including cavendish,
twist, plug, scrap and any other kinds and forms of tobacco suitable for chewing) and snuff,
however prepared; and shall include any other articles or products made of tobacco or any
substitute other than cigarettes. (definition amended by NPTEC 9/27/11)
(f)
Outlet - shall mean a tribally licensed retail or wholesale business selling tobacco
or liquor products on the Nez Perce Reservation.
(g)
Package of Cigarettes - One single, factory sealed package containing a number
of cigarettes per industry standard.
(h)
§6-7-2
Tribe - shall mean the Nez Perce Tribe.
Distributor Licenses
(a)
In order to maintain an accurate record of tobacco products coming in and going
out of the Nez Perce Reservation all tobacco wholesalers and retailers, whether licensed or nonlicensed, shall be required to report every transaction involving tobacco products occurring
within the boundaries of the Nez Perce Reservation, including the name and address of each
purchaser and contact information. Sales to non-licensed or non-resident persons or entities is
hereby prohibited.
(b)
A distributor may obtain a Distributor's License on an annual basis from the Nez
Perce Tribe by submitting a completed application form provided by the Nez Perce Tribe upon
request and paying an annual license fee of $300. The amount of annual license fees shall be
established annually by resolution of the Nez Perce Tribal Executive Committee. Licensed
Distributors shall be advised in writing no later than the last business day of November of the
amount of the license fee for the next calendar year. Fees for an application submitted during the
Calendar year shall be prorated. The Nez Perce Tribe is under no obligation to issue any
Distributor's licenses.
(c)
A Distributor who obtains a Distributor's License shall submit monthly reports of
Tobacco and Liquor Ordinance - 1
sales made to Operators or tobacco outlets. Such reports shall indicate the number of cartons of
cigarettes and other tobacco products delivered to or for each Operator or Tobacco Outlet and the
names and addresses of those operators, tobacco outlets and any other personal entity to which
cigarettes/tobacco products have been delivered. If no sales are made in a particular month, the
report shall be submitted reflecting no sales. The report of sales for a particular month must be
postmarked before the 15th of the following month, otherwise the Distributor shall be subject to
the penalties described below. (amended by NPTEC 9/27/11)
(d)
A Distributor who obtains a Distributor's License shall provide full and accurate
information in all license application forms and monthly reports of sales to Operators or Tobacco
Outlets in addition to any other information reasonably requested by the Nez Perce Tribe.
(e)
A Distributor whose monthly sales report is not received within seven days of the
date it is required to be postmarked shall be subject to a daily fine of $100 for each day the report
is late. Such report will be presumed to be late on the eighth day after the date it is required to be
postmarked. Such a fine shall be assessed beginning on the eighth day and collected as an
administrative procedure and such fines shall accrue interest at the highest legal rate allowed
under federal law until paid. If such report is received by the Nez Perce Tribe after the seven day
mailing period, and the postmark date on the envelope is later than the required postmark date,
the $100 daily fine shall also be assessed for the number of days beyond the required postmarked
date that it was actually mailed. If the report is found to be mailed on or before the required
postmark date, no penalty shall be assessed. An appeal of any penalty assessment shall be
available through the Nez Perce Tribal Court and the sole basis for review shall be whether the
report was postmarked before the required date and received by the Nez Perce Tribe within the
seven day mail period.
Enactment of this provision as law and delivery to all existing licensees and new
applicants shall be deemed full and fair notice of them of their reporting obligations and no
further notice shall be required. The failure to provide the required monthly report within twenty
days after the seven day mailing period, when it will be presumed late or an indication by a
Distributor, verbal or otherwise, that the Distributor will not comply with the reporting
requirements, shall be deemed a violation of this ordinance and be subject to such additional
penalties as are provided herein.
(f)
There is levied and there shall be collected, a tax upon the distribution of all
cigarettes and other tobacco products sold or distributed to a Tobacco or Liquor Outlet in an
amount to be established by NPTEC resolution. Such amount may be adjusted by NPTEC
resolution with thirty (30) days written notice prior to the adjustment to the licensed Tobacco or
Liquor Outlet Operators and the Licensed Distributors. The tax on other tobacco products
besides cigarettes shall equal a percentage of the wholesale sales prices of such tobacco products.
The percentage of the levy shall be set by NPTEC resolution. The tax shall be imposed at the
time the Licensed Distributor (a) brings or causes to be brought tobacco products for sale to
licensed Operators or tobacco outlets, (b) makes, manufactures, or fabricates tobacco products
for sale to licensed Operators or tobacco outlets, or (c) ships or transports tobacco products to
licensed Operators or tobacco outlets to be sold by those licensed Operators or tobacco outlets.
(amended by NPTEC 9/27/11)
The excise tax levied hereunder shall be added to the selling price, whether the product is
sold at wholesale or at retail, of tobacco products sold by the person required to be licensed by
this Chapter.
Tobacco and Liquor Ordinance - 2
All cigarette packages sold by a tobacco distributor licensed by this chapter must bear a
tax stamp indicating that the tribal tax on the cigarettes has been paid. A $500.00 fine will be
imposed for each package found to be sold by a licensed tobacco distributor without the required
stamp.
(g)
Upon a determination by the Nez Perce Tribal Court that a Distributor has
violated any provision of this section, any or all of the following sanctions may be imposed:
§6-7-3
(1)
Suspension of the Distributor's license;
(2)
(Revocation of the Distributor's license;
(3)
A civil fine in an amount established by the Court unless the violation for
which it is imposed resulted in a loss of revenue to the Nez Perce Tribe in
which case, the amount of the fine shall be equal to three times the amount
of revenue lost to the Nez Perce Tribe;
(4)
Forfeiture of any property belonging to the Distributor within the
boundaries of the Nez Perce Reservation of a value sufficient to pay in full
any fine, assessment or any other amount due pursuant to this Ordinance;
(5)
Posting of a cash performance bond with the Nez Perce Tribe before a
license is restored or reissued.
Tobacco Outlet Licenses
(a)
No Indian shall operate a Tobacco Outlet within the boundaries of the Nez Perce
Reservation unless that Tobacco Outlet has a valid license duly issued by the Nez Perce Tribe.
(b)
A Tobacco Outlet may obtain a Tobacco Outlet license on an annual basis from
the Nez Perce Tribe by submitting a completed application form provided by the Nez Perce
Tribe upon request and paying an annual license fee of $200. The amount of the annual license
fee shall be established by resolution by the Nez Perce Tribal Executive Committee. Licensed
outlets shall be advised in writing no later than the last business day of November of the amount
of the annual license fee for the next year. The fee for any application submitted during the
calendar year shall be prorated. The Nez Perce Tribe is under no obligation to issue any Tobacco
Outlet license.
(c)
A Tobacco Outlet shall purchase tobacco products only from those distributors
that have a valid Distributor's License duly issued by the Nez Perce Tribe. Sales of cigarettes by
Tobacco Outlets shall not exceed 48 cartons for each individual transaction.
(d)
Each Tobacco Outlet shall provide to the Nez Perce Tribe a report on the volume
of cigarettes and other tobacco products purchased from distributors the preceding month, to be
postmarked by the tenth day of each month. If such a report is not received by the Nez Perce
Tribe within seven days of the required postmark date, it shall create a presumption that a
violation has occurred and shall subject the tobacco outlet to the sanctions provided herein. Such
sanctions shall begin to be assessed on the eighth day after the date the report is required to be
postmarked. If the report is received after the seven day mailing period and the postmark date on
the envelope is found to be after the date it is required to be postmarked, sanctions will be
assessed as to the number of days it was postmarked late. If the report is received and found to
Tobacco and Liquor Ordinance - 3
be mailed on or before the required postmark date, no penalty will be assessed. (amended by NPTEC
9/27/11)
(e)
There is levied and there shall be collected, a tax upon the distribution of all
cigarettes and other tobacco products purchased by a Tobacco or Liquor Outlet in an amount to
be established by NPTEC resolution. Such amount may be adjusted by NPTEC resolution with
thirty (30) days written notice prior to the adjustment to the licensed Tobacco or Liquor Outlet
Operators and the Licensed Distributors. The tax on other tobacco products besides cigarettes
shall equal a percentage of the wholesale sales prices of such tobacco products. The percentage
of the levy shall be set by NPTEC resolution. The tax shall be imposed at the time the Licensed
Distributor (a) brings or causes to be brought tobacco products for sale to licensed Operators or
tobacco outlets, (b) makes, manufactures, or fabricates tobacco products for sale to licensed
Operators or tobacco outlets, or (c) ships or transports tobacco products to licensed Operators or
tobacco outlets to be sold by those licensed Operators or tobacco outlets . (amended by NTPEC 9/27/11)
The excise tax levied hereunder shall be added to the selling price, whether the product is
sold at wholesale or at retail, of tobacco products sold by the person required to be licensed by
this Chapter.
All cigarette packages sold by a tobacco outlet licensed by this chapter must bear a tax
stamp indicating that the tribal tax on the cigarettes and other tobacco products has been paid. A
$500.00 fine will be imposed for each package found to be sold by a licensed tobacco outlet
without the required stamp.
(f)
The Operator of a Tobacco Outlet shall provide full and accurate information on
all license application forms and monthly reports of purchases of cigarettes and other tobacco
products in addition to any other information reasonably requested by the Nez Perce Tribe.
(amended by NPTEC 9/27/11)
(g)
In addition to any other penalties that may be assessed, an Operator who fails to
mail a monthly report of purchases by the required postmark date or to pay the taxes assessed in
full by the date due shall be subject to a daily fine of $100 for each day the report is found to be
late as stated in ' 6-7-3(d)or payment of taxes is past due as stated in § 6-7-3(e). Such a fine shall
be assessed and collected as an administrative procedure and such fines shall accrue interest at
the highest legal rate allowed under federal law until paid. An appeal of such assessment shall
be available through the Nez Perce Tribal Court and the sole basis for review shall be whether
the report was postmarked on or before the required date and received by the Nez Perce Tribe
within the seven day mailing period or whether taxes were paid to the Nez Perce Tribe by the
due date.
Enactment of this provision as law and delivery of copies to all existing licensees and
new applicants shall be deemed full and fair notice to them of their obligations to report and pay
taxes and not further notice shall be required. The failure to provide the required monthly report
within twenty days after the seven day mailing period following the postmark date, or an
indication by an Operator of a Tobacco Outlet, verbal or otherwise, that the Operator will not
comply with the reporting requirements, shall be deemed a violation of this ordinance and be
subject to such additional penalties as are provided herein.
(h)
Upon a determination by the Nez Perce Tribal Court that an Operator or Tobacco
Outlet has violated any provision of this section, any or all of the following sanctions may be
imposed:
Tobacco and Liquor Ordinance - 4
§6-7-4
(1)
Suspension of Tobacco Outlet license;
(2)
Revocation of Tobacco Outlet license;
(3)
Civil fine in an amount established by the Court unless the violation for
which it is imposed resulted in the loss of revenue to the Nez Perce Tribe
in which case, the amount of the fine shall be equal to three times the
amount of the revenue lost to the Nez Perce Tribe;
(4)
Forfeiture of property belonging to Operator within boundaries of Nez
Perce Reservation of a value
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