(b) The petition shall state the basis for a rehearing, including all newly discovered evidence or
information not before the Commission at the first hearing.
(c) The Commission shall grant or deny the request for a rehearing within 20 days of the receipt of
the petition.
24-11.04 Judicial Review of Revocation.
(a) An operator whose license was revoked may petition the Spokane Tribal Court for review of the
decision within 20 days of the written decision of the Commission.
(b) The appeal shall be on the record and shall not be heard de novo.
(c) If the Court finds that the order of the Spokane Liquor Commission was arbitrary and capricious,
clearly erroneous, in violation of the Constitution of the Spokane Tribe of Indians, in violation of
the Constitutional rights of Indians as set forth in 25 USC 1301-1303, made upon unlawful
procedures or some other error of law, the Court shall vacate the order of the Commission and
remand to the Commission for the re-issuance of a license.
24-11.05 Scope of Review Limited to Issue of Revocation.
(a) By authorizing such a review of its decision, the Spokane Tribe is not waiving its sovereign
immunity explicitly or implicitly, but providing operators with judicial reviews of its decisions.
(b) Thus suits against the Spokane Tribe of Indians or its officials for damages or any other relief
are not authorized by this Chapter.
24-11.06 Judicial Review Not Granted to Those Denied a License Upon Application.
(a) An application for a liquor license is a privilege and not a right.
(b) Thus a simple denial of an application for a license is not entitled to judicial review in the
Spokane Tribal Court.
24-11.07 Emergency Powers. If for an extremely serious reason, such as the keeping of the peace or the
health and welfare of the people, the Commission finds it necessary to close the premises of a liquor outlet,
it may do so provided that a hearing is provided to the licensed operator within 3 days (excluding weekends
and holidays) of the closing of the liquor outlet.
Section 24-12 Violations
24-12.01 Violations. Any person(s) who shall violate any provision of this Chapter shall be subject to 1 or all
of the following civil remedies:
(a) A civil penalty of up to $4500 per occurrence per day and confiscation of all proceeds of such
activities.
(b) A civil injunction against continued violations of this Chapter.
(c) Exclusion from the Spokane Reservation in conformity with Chapter 21 of this Code.
(d) If licensed operators, the revocation of the liquor outlet licenses.
Section 24-13 Severability
24-13.02 Severability. If any provision of this Chapter or its application to any person or circumstance is
held invalid, the remainder of the Chapter or the application of the provision to other persons or
circumstances is not affected.
Section 24-14 Previous Liquor Codes and Codes Abrogated
24-14.01 Previous Code Provisions Abrogated. It is the intent of the Spokane Indian Tribe and of the
Spokane Business Committee that this liquor code cited above totally supersedes and stands in the place of
any previously existing codes and Codes relating to liquor.
205
Revised Spokane Law & Order Code, 5/14/2013