Chapter 10.35
LIQUOR
Sections:
10.35.020 Revocation of prior ordinances.
10.35.060 Tulalip Liquor Commission.
10.35.070 Funds – Appropriation.
10.35.080 Powers of Commission.
10.35.120 Conformity with the State law.
10.35.130 Severability and construction.
10.35.010 Title.
This chapter shall be known as the Tulalip Liquor Code. [Ord. 42 § 1, 6-11-1977 (Res. 77-0630)].
10.35.020 Revocation of prior ordinances.
All ordinances and resolutions of the Tulalip Tribes regulating, authorizing, prohibiting or in any wise dealing with the sale of liquor heretofore enacted or now in effect are hereby repealed and of no further force and effect. [Ord. 42 § 2, 6-11-1977 (Res. 77-0630)].
10.35.030 Definition.
(1) “Liquor” means that liquid as at this date defined by RCW 66.04.010(1), (2), (16), (29) and (35).
(2) “Sale” and “sell” mean as now defined as set forth by RCW 66.04.010(27).
Such definitions are hereby adopted by reference. [Ord. 42 § 3, 6-11-1977 (Res. 77-0630)].
10.35.040 Prohibitions.
(1) The purchase, sale, and dealing in liquor within the exterior boundaries of the Tulalip Indian Reservation by any person, party, firm, or corporation except pursuant to the control and regulations of the Tulalip Liquor Commission hereby established is prohibited and declared unlawful.
(2) No person shall sell any liquor to any person obviously under the influence of liquor.
(3) No person who is obviously under the influence of liquor may purchase or consume liquor on any premises licensed by the Commission.
(4) A violation of this section is an infraction punishable by a fine of up to $500.00. [Res. 2008-180; Res. 2001-416; Ord. 42 § 4, 6-11-1977 (Res. 77-0630)].
10.35.050 Retroactivity.
The provisions of this chapter shall be prospective only from the date of its enactment and nothing herein contained shall be deemed to revoke any presently existing valid license or permit or renewal thereof previously issued by the Washington State Liquor Control Board or the exercise of privileges given thereunder. [Ord. 42 § 5, 6-11-1977 (Res. 77-0630)].
10.35.060 Tulalip Liquor Commission.
The Board of Directors of the Tulalip Tribes is hereby constituted as the Tulalip Liquor Commission and empowered to administer this chapter, including general control, management and supervision of all liquor sales, places of sale and sales outlets, and to exercise all of the powers and accomplish all of the purposes thereof as hereinafter set forth and may do the following acts and things for and on behalf of and in the name of the Tulalip Tribes:
(1) To adopt and enforce rules and regulation, for the purpose of carrying into effect the provisions of this chapter and the performance of its functions;
(2) Collecting, auditing and issuing fees, licenses, taxes and permits;
(3) Purchase, warehousing and selling of liquor in the original package;
(4) Executing all contracts, papers and documents in the name of the Tulalip Tribes or the Tulalip Liquor Commission;
(5) Providing housing for its activities and all necessary equipment and fixtures with which to do business;
(6) Hiring and firing of employees, fixing their duties and delegating to such specific powers and authorities;
(7) Paying all customs, duties, excises, charges and obligations whatsoever related to the business of the Commission;
(8) Performing all matters and things incidental to and necessary to conduct its business and carry out its duties and functions. [Ord. 42 § 6, 6-11-1977 (Res. 77-0630)].
10.35.070 Funds – Appropriation.
All revenue received, funds collected and property acquired by the Commission shall be and are the property of the Tulalip Tribes and the Commission shall annually account for the same to it and pay the net proceeds of its activities into the General Fund of the Tulalip Tribes subject to appropriation by it to the use of the Commission as the Tribal Board of Directors shall see fit.
There is hereby appropriated to the uses and purposes of said Commission from the Tribal funds the sum of $15,000. [Ord. 42 § 7, 6-11-1977 (Res. 77-0630)].
10.35.080 Powers of Commission.
The Commission is hereby empowered to establish and operate a Tulalip liquor store or stores within the exterior boundaries of the Tulalip Indian Reservation upon Tribal property, and not otherwise, and to operate the same and sell liquor thereat for such price as it shall from time to time fix and determine. [Ord. 42 § 8, 6-11-1977 (Res. 77-0630)].
10.35.090 Excise tax levy.
There is hereby levied and shall be collected an excise tax upon each sale of liquor, except beer and wine, in whatever package or container, or whether at wholesale or retail, of $0.03 per fluid ounce or fraction thereof contained in such package or container. [Ord. 42 § 9, 6-11-1977 (Res. 77-0630)].
10.35.100 Tax on retail sale.
There is hereby levied and shall be collected a tax upon each retail sale of wine and beer in the original package at a rate equal to five percent of the selling price, which tax shall be paid by the buyer to the seller, who shall collect the same and hold it in trust for payment to the Tulalip Liquor Commission in the same manner and at the same time the seller would be required to pay Washington State Retail Sales Tax pursuant to RCW 82.08.150 to the State of Washington if such tax were applicable, but regardless of whether or not such State tax is applicable. All records and tax returns required to be kept by seller by the State of Washington, as if such State tax were applicable, shall be kept by the seller and made available for inspection. Such shall be prima facie proof of the amount of tax due and collectable; provided, that the provisions of this section requiring records, tax returns and payment of tax to the Commission shall not be applicable to sales made by the Commission. [Ord. 42 § 10, 6-11-1977 (Res. 77-0630)].
10.35.110 Tax remit.
The Commission shall remit to the Treasurer of the Tulalip Tribes on the twenty-fifth day of every month to be deposited in the Tribal treasury all monies collected by it in the preceding month by reason of the levy of excise tax. Said tax shall be added to the sale price of liquor sold and be collected from the purchaser thereof. The Commission shall also regularly remit for similar deposit to said Treasurer all retail sales taxes collected by it upon sales of beer and wine. [Ord. 42 § 11, 6-11-1977 (Res. 77-0630)].
10.35.120 Conformity with the State law.
Nothing herein contained shall be construed to supersede the substantive laws of the State of Washington effective within the exterior boundaries of the Tulalip Indian Reservation and, where not inconsistent herewith, the substantive standards of the criminal laws of the State of Washington regarding sale, consumption and use of liquor shall apply. [Ord. 42 § 12, 6-11-1977 (Res. 77-0630)].
10.35.130 Severability and construction.
If any clause, part, or section of this chapter shall be adjudged invalid, such judgment shall not affect nor invalidate the remainder of this chapter, but shall be confined in its operation to the clause, part or section directly involved in the controversy in which such judgment was rendered. If the operation of any clause, part or section of this chapter shall be held to impair the obligation of contract, or to deny to any person any right or protection secured to him by the Constitution of the United States of America, or by the Constitution of the State of Washington, it is hereby declared that, had the invalidity of such clause, part or section been considered at the time of the enactment of this chapter, the remainder of this chapter would nevertheless have been adopted without such and any and all such invalid clauses, parts or sections. [Ord. 42 § 13, 6-11-1977 (Res. 77-0630)].
10.35.140 Effective date.
This chapter shall be and become effective upon publication by the United States Department of the Interior’s certification notice in the Federal Register. [Res. 2008-180; Ord. 42 § 14, 6-11-1977 (Res. 77-0630)].
10.35.150 Sovereign immunity.
Nothing in this chapter shall be construed as a waiver or limitation of the sovereign immunity of the Tulalip Tribes, except as its sovereign immunity has been waived by Chapter 2.35 TTC, Tort Claims. [Res. 2008-180; Ord. 42 § 15, 6-11-1977 (Res. 77-0630)].