CHAPTER 24 - LIQUOR CODE Section 24-1 Purpose 24-1.01 Purpose. (a) The Spokane Tribe possesses the sovereignty to decide whether to allow liquor transactions on its Reservation. (b) If the Spokane Tribe allows liquor transactions, it also possesses the sovereignty to regulate those transactions. (c) By the enactment of this Code, the Spokane Tribe is permitting liquor transactions that are in conformity with this Code and 18 USC Section 1161. (d) The Spokane Tribe also intends this Code to regulate and control the sale, distribution, and possession of liquor. (e) This Code is adopted pursuant to Article VIII of the Constitution of the Spokane Tribe of Indians 24-2.01 Title. This Chapter shall be known as the Spokane Tribal Liquor Code. 24-2.02 Jurisdiction. The Spokane Tribe of Indians enacts this Code to apply to all lands under its jurisdiction, namely all lands and water areas within the exterior boundaries of the Spokane Reservation, any extensions of the Reservation, and all Spokane Tribal and allotted Indian lands outside the exterior boundaries of the Spokane Indian Reservation, as well as those lands that fulfill the definition of "Indian Country" as defined in 18 USC Sections 1151 and 1154. Section 24-3 Definitions 24-3.01 Definitions. For the purpose of this Chapter, unless otherwise required by the context, the following words and phrases shall have the designated meanings: (a) "Alcohol" means that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is commonly produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance. (1) This term does not include alcohol which is intended to be or has been denatured and used as a fuel for use in motor vehicles, farm implements and machines or implements of husbandry. (b) "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water containing not more than 4% of alcohol by weight, and not less than 1-half of 1% of alcohol volume. (1) For purposes of this Chapter any such beverage, including ale, stout and porter containing more than 4% of alcohol by weight shall be regulated the same as "beer." (c) "Tribal Council" means the Spokane Tribal Council. (d) "Commercial sale" means the transfer, exchange or barter, in any or by any means whatsoever for a consideration, by any person, association, partnership, or corporation of liquor and beer products. (e) "Licensed operator" means that person licensed by the Spokane Liquor Commission to operate a liquor outlet. (f) "Liquor" includes the 4 varieties of liquor herein defined (alcohol, spirits, wine and beer), and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquid or solid or semi-solid or other substance, patented or not, containing alcohol, spirits, wine and beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semi-solid, or other substance, which contains more than 1% of alcohol by weight shall be conclusively deemed to be intoxicating. (g) "Liquor Outlet" means a Tribally-licensed retail sales business selling liquor products by the package or the drink on the lands under the jurisdiction of the Tribe and this Code. (h) "Package" means any container or receptacle used for holding liquor. 201 Revised Spokane Law & Order Code, 5/14/2013

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