WHERAS  the Swinomish Indian Senate is the duly constituted governing body of the Swinomish Tribal Community, and

WHERAS under the Constitution and Bylaws of the Tribe the Swinomish Indian Senate is charged with the duty of protecting the health, security and general welfare of the Swinomish Tribal Community and

WHERAS  by virtue of their status as Indian tribes, the Swinomish Tribal Community' is authorized by Federal law to possess unstamped cigarettes and other tobacco products on the Swinomish Indian Reservation and to regulate their sale and distribution and

WHEREAS  the Swinomish Indian Senate deems it essential to the health, security and general welfare of the Swinomish Tribal Community to enact a Comprehensive tobacco ordinance regulating sale and distribution  of cigarettes and other tobacco products and levying an excise tax upon their distribution on the Swinomish reservation

NOW THEREFORE  the Swinomish Indian Senate does hereby promulgate and enact the following ordinance:

Section 1. Title.
This ordinance shall be known as the Swinomish Tribal Community Tobacco Ordinance.

Section 2. Definitions
 

(1) “Tribes” sha1l mean the Confederated Tribes of the Swinomish Tribal 
Community.

(2) “Council” shall mean the Swinomish Indian Senate.

(3) “Cigarettes" shall mean any roll for smoking made wholly or in part of tobacco, irrespective of size or shape and irrespective of the tobacco being flavored, adulterated, or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state.

(4) "Tobacco products" shall mean cigarettes, cigars, tobacco, snuff, chewing tobacco, and other kinds and forms of tabacco prepared in such manner as to be suitable for chewing or smoking.

(5) “Retail Selling Price” shall mean the ordinary, customary or usual price paed by the customer for each tobacco product, less the tax levied by this ordinance.

(6) “Wholesale distribution Price” shall mean the price paid for each tobacco product by the Tribe together with all freight charges and other expenses incurred by the Tribe in their receipt and distribution.

(7) "Tobacco Outlets" shall mean a licensed tribal retail sa1es business selling tobacco products on the Swinomish Indian Reservation.

(8) “Operator” shall mean an enrolled member of the Swinomish Tribal Community licensed by the Tribe to manage a tobacco outlet.

Section 3. Establishment of Tobacco Outlets
  The Council shall establish one tobacco outlet, because of lack of population, within the Swinomish Tribal Community Reservation as the Council in its sole discretion deems necessary to provide adaquate service to consumers of cigarettes and tobacco products.

Section 4. Nature of Outlet.
  A tobacco outlet established hereunder shall be a tribal tobacco outlet and shall be managed for the Tribe by an operator pursuant to a license granted by the Council hereunder, and shall also be managed pursuant to a Federal Indian Trader’s license as provided in Section 7 hereof.

Section 5. Application for Tobacco Outlet License.
  Any enrolled member of the Swjno~ish Tribal Community may apply upon an application form provided by the Council for a tobacco outlet license.  The application shall state the name and address of the applicant and shall be signed by the applicant under oath.

Section 6. Tobacco Outlet license.
  Upon approval of an application, the Council shall issue the application a tobacco outlet license for a two-year period which shall entitle the operator to establish and maintain one tobacco outlet on the Swinomish Indian Reservation.  The license shall be renewable in such manner as the Council shall prescribe and shall be nontransferable.

Section 7. Traders License.
  No tobacco outlet license shall be issued to an operator license until he had obtained a Federal Indian Trader's License from the Superintendent of the Everett Indian Agency.  Revocation of the Federal Indian License shall be grounds for revocation of the operators' tobacco outlet license.

Section 8. Excise Tax Imposed.
  There is levied and there shall be collected as hereinafter provided, a tax upon the distribution of all cigarettes sold or distributed hereunder in the amount of one cent per package. The Council may levy an additional tax upon the distribution of cigarettes and other tobacco products as it deems desirable.
The excise tax levied hereunder shall be a tax upon distribution of cigarettes and other tobacco products by the Tribe only and shall not constitute an assessment or license fee upon enrolled members of the Tribe doing business within the reservation or obtain special rights or priv-ileges. The excise tax levied hereunder shall be added to the retail selling price of tobacco products sold to the ultimate consumer.

Section 9. Purchase by Tribes.
  All tobacco products purchased by the Tribes pursuant hereto shall be purchased with Federally -restricted tribal funds.

Section 10. Wholesale Distribution.
  Wholesale distribution of tobacco products by the Tribe to a tobacco outlet shall be upon a cash basis for the wholesale distribution price which shall have added to it the excise tax levied in Section 8 hereof.

Section 11. Tobacco Products FederalIy Restricted Tribal Property.
  The entire stock of tobacco products distributed here under shall remain federally-restricted tribal property owned and possessed by the Tribes until sale to the ultimate con-sumer.  Payment by the operator of the wholesale distribution price as provided in section 10 hereof sha1l entitle the operator to custody of distributed tobacco products for sale to the ultimate consumer, at the operator’s sole risk in the event of any loss whatsoever.

Section 12. Remuneration for managing a tobacco outlet, an operator shall be entitled to the gross revenue derived from sale of tobacco products distributed hereunder in excess of the wholesale distribution price and the excise tax levied hereunder.

Section 13.  Restricted Sales to Non-Indians.
  An operator may not sell more than two cartons of cigarettes per sale to a non-Indian. The Council may restrict sales of other tobacco products to non-Indians as it deems necessary.

Section 14. Restricted Sales to Minors.
  An operator may not sell any tobacco products to any person under the age of 18 years.

Section 15. Other Business by Operator. 
  An operator may conduct another business simultaneously with managing a tobacco outlet for the Tribe. The other business may be conducted on the same premises and the operator shall not be required to maintain separate books of account for the other business.

Section 16. Tribal Immunity--Liability-Credit.
  An operator shall not attempt or be authorized to waive the sovereign immunity of the Tribe from suit, nor shall such operator attempt or be authorized to create any liability on behalf of the Tribe or utilize tribal credit.

Section 17. Operating Without License.
  No person shall operate a tobacco outlet on the Swinomish Indian Reservation without having in effect a valid tobacco outlet license issued pursuant hereto.

Section 18. Purchases.
  An operator shall purchase all tobacco products sold in his tobacco outlet form the Tribe.

Section 19.  Liability Insurance.
  An operator shall maintain liability insurance upon his premises in the sum of not less than $25,OOO.OO.

Section 20. Revocation of Tobacco Outlet License.
  Failure of an operator to abide by the requirements of this ordinance and any additional requirement imposed by the Council will constitute grounds for revocation of the operator's tobacco outlet license as well as enforcement of the penalties provided in Section 21. below.

Section 21. Violation -- Penalties.
  Any person violating the provisions of this ordinance shall be guilty of an offense and subject to a fine in Tribal court of not less than $5O.OO nor more than $250.00 and forfeiture of all of the Tribes' remaining stock of tobacco products distributed hereunder and situate in his tobacco outlet.  The tribal law enforcement officers shall be empowered to seize forfeited tobacco products.

Section 22. Seperability.
  If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances is not affected.
 

  THE FORGOING was duly enacted by the Swinomish Indian Senate in _____________ meeting this 14 day of, April 1972 at the Swinomish Tribal Community Center, La Conner, Wash. by a vote of  5 for 0 against, under authority contained in Section 16 of the Indian Reorganization Act. of June 18, 1934 (45 Stat. 984) as amended by the act of June 15, 1935 Pub. No. 147, 74th. Cong.
 

  I, the undersigned Secretary of the Swinomish Indian Senate of the Swinomish Indian Tribal Community hereby certify that the Swinomish Indian Senate, composed of eleven members, of whom f'ive constitute a quorum enacted the within and foregoing ordinance at a (illegible) meeting duly and regularly ca1led, held on the 14 day of April, 1972 , and that the forgoing Ordinance No. 29 was duly adopted at such a meeting by a vote of 5 ayes, and 0 nays, and ____ absent.
  Dated this 14 day of April 1972.

Approved:  JAN _5 1973
(illegible signature)
Acting Superintendant
Western Washington Indian Agency
Everett, Washington