7.01.050 Certification of Indian Retailers

(a) Any enrolled member of the Tribe or busin ess organization desiring to do business as an Indian retailer pursuant to this chapter shall apply in writing to the Tribe requesting certification as such.

(b) An applicant for Indian retailer certification shall provide evidence to the Tribe of all of the following:

(1) Enrollment in the Tribe.

(2) In case of an organization other than a sole proprietorship, documents describing ownership, profit-sharing, control of organization, and identification of enrolled members participating in the organization.

(3) Description of the location to which wholesale deliveries of cigarettes shall be made, and statement as to its status as Indian-owned fee land, allotted land, leased tribal-trust land or other.

(4) Whether the applicant requests a class I certification or a class II certification.

(c) The Tribal Council shall deny certification to any applicant who is not eligible for certification under Section 7.01.040(a) or (b), and to any applicant when it shall appear that the applicant will serve as a sham for any person or persons, legal or natural, who are not eligible for certification under Section 7.01.040(a) or (b).

(d) The issuance of certification is within the discretion of the Tribal Council. With no limitation by enumeration implied, the Tribal Council may deny certification to any applicant who has been found in non-compliance with any section of this chapter or of applicable state cigarette tax law, or who has any outstanding cigarette tax pre-collection liability.

(e) Any new certification issued shall be for a class I or class II certification as requested. Any applicant for renewal of certification shall be issued a class I or class II certification based on monthly sales as determined by an average of monthly sales over the preceding 12 month period.

(f) An Indian retailer holding a class I certification may sell more than the number of cartons of stamped cigarettes permitted by the certification. Upon submittal of invoices showing monthly sales of more than the number of cartons permitted under a class I certification, the tribal accounting office shall administratively reclassify the retailer as a class II retailer, starting with sales in the calendar month immediately following the submittal requiring reclassification, and continuing for the length of the certification period.

(g) Each certification shall state the name of the Indian retailer, the location at which the certification authorizes cigarette sales, and the date of validity and expiration of the certification. Each certification shall be valid for only one location. The Tribal Council may in its discretion issue certifications for more than one location to a single applicant.

(h) The original of the certificate shall be issued to the Indian retailer. The original or copies thereof shall not be valid proof of certification to be furnished to the retailer's distributors. Such proof must be given as provided in Section 7.01.080(b).

(i) All certifications shall be valid for a period not to exceed one year, expiring on the June 30 following the initial date of validity of the certification.

(j) Certification is non-transferrable.

(k) Certification shall be by Tribal Council resolution.

(l) No member may sell, expose for sale, or possess with intent to sell cigarettes on the Reservation without a valid certification under this chapter.