Kalispel Tribe of Indians Tobacco and Liquor Code, 61701-61705 [E9-28230]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 74, Number 226 (Wednesday, November 25, 2009)]
[Notices]
[Pages 61701-61705]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28230]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Kalispel Tribe of Indians Tobacco and Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes an amendment to the Kalispel Tribe of 
Indians' Tobacco and Liquor Code published in the Federal Register 
August 1, 1979 (44 FR 45258). The amendment regulates and controls the 
possession and consumption of liquor within the Tribal lands. The 
Tribal lands are located in Indian country and this amended Code allows 
for possession of alcoholic beverages within their boundaries. This 
Ordinance will increase the ability of the Tribal government to control 
liquor sales, possession and consumption by the community and its 
members.

DATES: Effective Date: This amended Code is effective on December 28, 
2009.

FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government 
Services Officer, Northwest Regional Office, 911 NE. 11th Ave., 8th 
Floor, Portland, OR 97232, Telephone: (503) 231-6723, Fax (503) 231-
2189; or Elizabeth Colliflower, Office of Indian Services, 1849 C 
Street NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 
513-7640.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted or amended liquor ordinances or codes for the purpose of 
regulating liquor transactions in Indian country. The Kalispel Tribe of 
Indians amended its Tribal Tobacco and Liquor Code by Resolution No. 
2008-45 on July 22, 2008. The purpose of this Code is to govern the 
sale and possession of alcohol within Tribal lands of the Tribe. This 
notice is published in accordance with the authority delegated by the 
Secretary of the Interior to the Assistant Secretary--Indian Affairs. I 
certify that the amended Tobacco and Liquor Code for the Kalispel Tribe 
of Indians was duly adopted by the Kalispel Tribe's Business Committee 
on July 22, 2008.

    Dated: November 17, 2009.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.

    The amended Kalispell Tribe of Indian's Tobacco and Liquor Code 
reads as follows:

Chapter 10

Kalispel Tobacco and Liquor Code

Sec.  10-1 Title and Purpose.

10-1.01 Title.

    This chapter shall be known as the Kalispel Tobacco and Liquor 
Code.

10-1.02 Purpose

    This Code is enacted to:
    1. Regulate the distribution and sale of tobacco products on the 
Kalispel Reservation in conformity with the compact between the 
Kalispel Tribe and the State of Washington.
    2. Regulate the distribution and sale of liquor and beer products 
on the Kalispel Reservation in conformity with 18 U.S.C. 1161 and any 
Tribal-State liquor compact.
    3. Regulate tobacco, liquor and beer products in order to protect 
and promote the general health, safety and welfare of members of the 
Kalispel Tribe.
    4. Generate revenue to fund needed Tribal programs and services.

Sec.  10-2 Definitions.

10-2.01 Definitions

    Unless otherwise required by the context, the following words and 
phrases shall have the designated meanings:
    1. ``Alcohol'' is that substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine, which is produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substance including all dilutions and mixtures of this substance.
    2. ``Beer'' means any malt beverage, flavored malt beverage, or 
malt liquor as these terms are defined in this chapter.
    3. ``Cigarette'' shall mean any roll for smoking made wholly or in 
part of tobacco being flavored, adulterated, or mixed with any other 
ingredients, where such wrapper is wholly or in the greater part made 
of paper of any material except where such is wholly or in the greater 
part made of natural leaf tobacco in its natural state.
    4. ``Commercial Sale'' shall mean the transfer, exchange or barter, 
in any or by any means whatsoever for a consideration, by any person, 
association, partnership, or corporation, of cigarettes, tobacco 
products and/or liquor and beer products.
    5. ``Council'' shall mean the Kalispel Tribal Business Committee as 
constituted by Article III of the Constitution and By-laws of the 
Kalispel Indian Tribe, Washington.
    6. ``Distributor'' shall mean a person who buys liquor in any 
variety from a brewery, distillery, vineyard, foreign source outside of 
the United States, and includes any representatives of such a source 
such as a brewer or brewer agent.
    7. ``Liquor'' includes the four 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 semisolid or other 
substance, patented or not, containing alcohol, spirits, wine or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption, and any liquid, semisolid, solid, or 
other substance, which contains more than one percent of alcohol by 
weight shall be conclusively deemed to be intoxicating. Liquor does not 
include confections or food products that contain one percent or less 
of alcohol by weight.
    8. ``Liquor Outlet'' shall mean a Tribally licensed retail sales 
business selling liquor or beer on the Kalispel Indian Reservation.
    9. ``Malt Beverage'' or ``malt liquor'' means any beverage such as 
beer, ale, lager, stout, porter, flavored malt beverages such as wine 
coolers, or Guinness obtained by the alcoholic fermentation of an 
infusion or decoction of pure hops, or the pure extract of hops and 
pure barley malt or other

[[Page 61702]]

wholesome grain or cereal in pure water containing not more than eight 
percent of alcohol by weight, and not less than one-half of one percent 
of alcohol by volume. Any such beverage containing more than eight 
percent of alcohol by weight shall be referred to as strong beer.
    10. ``Member'' shall mean any person whose name appears on the 
official roll of the Kalispel Indian Tribe.
    11. ``Operator'' shall mean an enrolled member of the Kalispel 
Tribe, enrolled member of another Federally recognized Tribe, a Tribal 
leasee or Tribally-licensed business entity licensed by the Kalispel 
Tribe of Indians to operate a tobacco and/or liquor and beer outlet.
    12. ``Reservation'' shall mean the Kalispel Indian Reservation as 
set apart by Executive Order of March 23,1914, and all other lands, 
wherever located, owned by the Kalispel Tribe of Indians, including 
lands held in fee, or any interest in lands held by the Tribe, whether 
or not such lands or interests are held in trust for the Tribe by the 
United States, and any lands, wherever located, held in trust by the 
United States for a member or members of the Kalispel Tribe of Indians 
unless located on another Federally recognized Indian Tribe's 
Reservation and having already been determined by the Federal 
Government to be in ``reservation'' status as to a Tribe other than the 
Kalispel Tribe of Indians. All waterways, roadways, rights of way, 
public lands, lakes and streams located on the above described lands 
held by the Tribe or its members are considered Reservation lands, 
subject to applicable Federal and Tribal laws and regulations.
    13. ``Spirits'' shall mean any beverage which contains alcohol 
obtained by distillation and intended for consumption.
    14. ``Tobacco Outlet'' shall mean a Tribally licensed retail sales 
business selling tobacco products on the Kalispel Indian Reservation.
    15. ``Tobacco Products'' shall mean cigars, cheroots, stogies, 
granulated, plug cut, crim cut, ready rubbed, and other smoking 
tobacco, snuff, cavendish, snuff flour, plug and twist tobacco, fine 
cut and other chewing tobaccos shorts and other kinds and forms of 
tobacco, prepared in such a manner as to be suitable for chewing or 
smoking in a pipe or otherwise, or both for smoking and chewing. 
Tobacco products shall not include cigarettes.
    16. ``Tribe'' shall mean the Kalispel Indian Community of the 
Kalispel Indian Reservation, Washington.
    17. ``Wholesale Price'' shall mean the established price for which 
cigarettes, tobacco products and/or liquor and beer products are sold 
to the Kalispel Indian Tribe or any licensed operator by the 
manufacturer or distributor, exclusive of any discount or other 
reduction.
    18. ``Wine'' shall mean any alcoholic beverage obtained by 
fermentation of fruits or other agricultural products containing sugar 
and containing not more than twenty-four percent alcohol by volume and 
not less than one-half of one percent of alcohol by volume. For 
purposes of this chapter, ``wine coolers'' shall not be defined as wine 
but rather as a ``malt beverage''.

Sec.  10-3 Kalispel Tobacco, Liquor and Beer Control Commission.

10-3.01 Creation and Authority

    The Kalispel Business Committee shall be the Kalispel Tobacco, 
Liquor and Beer Control Commission. The Commission is empowered to:
    1. Administer this Code by exercising general control, management, 
and supervision of all tobacco and/or liquor and beer sales, places of 
sale and sales outlets as well as exercising all powers necessary to 
accomplish the purposes of this Code;
    2. Adopt and enforce rules and regulations in furtherance of the 
purposes of this Code and in the performance of its administrative 
functions.

10-3.02 Records Confidential

    All records of the Kalispel Tobacco, Liquor and Beer Commission 
showing purchase of liquor by any individual or group shall be 
confidential and shall not be inspected except by members or employees 
of the Kalispel Tobacco, Liquor and Beer Commission or its authorized 
representative.

Sec.  10-4 Generally Applicable Regulations

10-4.01 Conformity with State and Federal Laws.

    Operators of tobacco and/or liquor and beer outlets shall comply 
with applicable Tribal/State compact requirements and State of 
Washington liquor standards to the extent required by 18 U.S.C. 1161. 
However, total jurisdiction over the sale of liquor and beer products 
is reserved to and exercised by the Kalispel Tobacco, Liquor and Beer 
Commission within the boundaries of the Kalispel Indian Reservation.

10-4.02 Sales to Persons Apparently Intoxicated

    Any person who sells, gives or otherwise provides liquor, wine or 
beer to a person apparently under the influence of liquor shall be in 
violation of this Chapter.

10-4.03 Identification for Sale Required--Proof of Minimum Age

    Where there may be question of a person's right to purchase 
cigarettes, tobacco products or alcoholic beverages by reason of his or 
her age, such person shall be required to present any one of the 
following officially issued cards of identification which shows correct 
age and bears his or her signature and photograph:
    1. Driver's license of any State or Identification Card issued by 
any State Department of Motor Vehicles;
    2. United States Active Duty Military Identification;
    3. Passport;
    4. Tribal Identification Card approved by the Washington State 
Liquor Control Board;
    5. Kalispel Tribal Identification or Enrollment card.

10-4.04 Expired Identification Not Valid

    An officially issued identification card described in Section 10-
4.02 must be current to be valid identification. An officially issued 
identification card that is expired is not valid identification for the 
purpose of purchasing cigarettes, tobacco products or alcoholic 
beverages.

10-4.05 Sales to Minors Prohibited

    It shall be unlawful to:
    1. Provide, give, sell or otherwise supply liquor, beer or other 
alcoholic beverages to any person under twenty-one (21) years of age, 
either for his or her own use or for the use of his or her parents or 
for the use of any other person.
    2. Provide, give, sell or otherwise supply cigarettes or tobacco 
products to any person under eighteen (18) years of age, either for his 
or her own use or for the use of his or her parents or for the use of 
any other person.

10-4.06 Employment of Minors

    No person under the age of twenty-one (21) years shall be employed 
in any service in connection with the sale, handling or dispensing of 
liquor, either on a paid or voluntary basis, except as otherwise 
provided herein.
    1. Northern Quest Casino employees must be twenty-one (21) years of 
age to be employed in a position involving the sale or dispensing of 
liquor. Northern Quest Casino employees under twenty-one (21) years of 
age shall not sell or dispense liquor. Individuals under twenty-one 
(21) years of age may be employed as:
    (a) Servers not working on the gaming floor who handle beer, wine 
and liquor

[[Page 61703]]

provided they have successfully completed Mandatory Alcohol Server 
Training (MAST) and there is direct supervision by an adult twenty-one 
(21) years of age or older; or
    (b) As cashiers, greeters, cooks or custodians, or as a gaming 
employee as defined in Kalispel Tribal Code Sec.  11-11.02(B), where 
they are not selling or handling beer, wine or liquor.
    2. Non-gaming facility employees eighteen (18) years or older may 
sell and handle beer or wine not to be consumed on the premises 
provided that they have successfully completed Mandatory Alcohol Server 
Training (MAST) and there is direct supervision by an adult twenty-one 
(21) years of age or older.

10-4.07 Consumption of Liquor Upon Licensed Premises Prohibited

    No Tribal operator shall permit any person to open or consume 
liquor on his or her premises or any premises adjacent thereto and in 
his or her control. This prohibition shall not apply to lawful sales 
and consumption of alcohol at the Kalispel Tribe's Northern Quest 
Casino located on the Reservation lands in Airway Heights, Washington 
or upon approval of the Commission of additional licensed liquor 
outlets on Reservation lands acquired in the future.

10-4.08 Conduct on Licensed Premises

    1. No Tribal operator shall be disorderly, boisterous or 
intoxicated on the licensed premises or on any public premises adjacent 
thereto which are under his or her control, nor shall he or she permit 
any disorderly boisterous or intoxicated person to be thereon.
    2. No operator or employee shall consume liquor of any kind while 
working on the licensed premises.
    3. No Tribal operator shall encourage, sanction or knowingly permit 
any activity that would be in violation of Chapter 9 of the Kalispel 
Tribe Law and Order Code.

Sec.  10-5 Tribal Taxation of Tobacco and Liquor

10-5.01 Tribal Cigarette Tax

    The Kalispel Tribe will levy a tax on the retail sale of each pack 
of cigarettes, the amount of which is established by the cigarette tax 
compact between the Kalispel Tribe and the State of Washington.

10-5.02 Tribal Tobacco Product Tax

    Other tobacco products, excluding cigarettes, shall be taxed at a 
rate determined to be fair and equitable by the Commission, but the 
Commission may establish tax rates dependent solely on the given class 
of merchandise.

10-5.03 Exemption From Cigarette and Tobacco Tax

    An operator may, upon approval of the Commission and in a non-
discriminatory manner, exempt enrolled members of the Kalispel Tribe 
and enrolled members of another Federally recognized Indian Tribe, 
band, or Alaskan Native, or a member of the Canadian First Nations, 
from imposition of the Tribe's cigarette and tobacco product taxes, 
provided, however, the individual present a valid Tribal identification 
card upon purchase of the cigarettes or tobacco products.

10-5.04 Tribal Alcoholic Beverage Tax

    All alcoholic beverages, including packaged liquor, wine and beer, 
and those products dispensed for consumption at a licensed liquor 
outlet, shall be taxed at a rate determined to be fair and equitable by 
the Commission, but the Commission may establish tax rates dependent 
solely on the given class of merchandise.

10-5.05 Added to Retail Price

    The excise taxes levied hereunder shall be added to the retail 
selling price of cigarettes, tobacco products, and alcoholic beverages 
sold to the ultimate consumer.

10-5.06 Use and Allocation of Revenue

    The excise taxes levied hereunder shall be placed in the General 
Fund of the Kalispel Tribe. The revenue may be allocated at the 
discretion of the Tribal Council to Tribal projects and expenses for 
essential government services.

Sec.  10-6 Application for Tobacco Outlet License or Liquor and Beer 
Outlet License

10-6.01 Eligibility for Application

    Any enrolled member of the Kalispel Indian Tribe, an enrolled 
member of another Federally recognized Tribe, a Tribal leasee or a 
Tribally-licensed business entity may apply to the Commission for a 
tobacco outlet license and/or a liquor and beer outlet license.

10-6.02 Processing of Application

    The Tribal secretary-treasurer shall receive and process 
applications, and be the official representative of the Tribe and 
Commission in matters relating to tobacco and/or liquor and beer 
outlets excise tax collections and related matters. The Commission or 
its authorized representative shall obtain additional information as 
deemed appropriate. If the Commission or its authorized representative 
is satisfied that the applicant is a suitable and reputable person, the 
Commission or its authorized representative may issue a license for the 
sale of tobacco products and/or liquor and beer products.

10-6.03 Application Fee

    Each application shall be accompanied by an application charge or 
fee of fifty dollars ($50.00). An application for both a tobacco outlet 
license and a liquor and beer outlet license shall be considered to be 
two applications with an application charge of fifty dollars ($50.00) 
each.

10-6.04 Issuance of License

    Upon approval of an application, the Commission shall issue the 
applicant a tobacco outlet license and/or a liquor and beer outlet 
license whichever the case may be, for one year which shall entitle the 
operator to establish and maintain one outlet for the type being 
permitted on the Kalispel Indian Reservation. This license shall be 
nontransferable. It shall be renewable annually at the discretion of 
the Commission by filing a new application form and payment of the 
application fee as provided in this Section.

10-6.05 Display of License

    Any entity issued a license shall frame under glass and display the 
license on the premises.

10-6.06 Revocation of Operator's License

    Failure of an operator to abide by the provisions of this chapter 
and any additional regulations or requirements imposed by the 
Commission will constitute grounds for revocation of the operator's 
license as well as enforcement of the penalties provided in Section 
10.10.

Sec.  10-7 Non-Tribal Owned Outlets

10-7.01 Applicability

    This Section applies to tobacco and liquor outlets that are owned 
and operated by an individual who is an enrolled member of the Kalispel 
Indian Tribe, an enrolled member of another Federally recognized Tribe, 
a Tribal leasee or a Tribally-licensed business entity. This section 
shall not apply to gaming facilities or outlets operated by the 
Kalispel Tribe as business enterprises of the Tribe.

10-7.02 Nature of Outlet

    Each tobacco and/or liquor and beer outlet, licensed hereunder, 
shall be managed by an operator pursuant to a license granted by the 
Commission, hereunder, and shall conform to the regulations and 
prohibitions outlined by this Chapter.

[[Page 61704]]

10-7.03 Right of Commission To Screen Suppliers

    The operator of any licensed outlet shall keep the Commission 
informed in writing of the identity of suppliers and wholesalers who 
supply or are expected to supply tobacco or liquor stocks to the 
outlet. The Commission may at its discretion and for any reasonable 
cause limit or prohibit the purchase of said stock from a supplier or 
wholesaler.

10-7.04 Freedom of Information From Suppliers

    Operators shall in their purchase of stock and in their business 
relationships with suppliers cooperate with and assure a free flow of 
information and data to the Commission from suppliers relating to all 
sales to and business arrangements between the suppliers and operators. 
The Commission may, in its discretion, require the receipt from the 
suppliers of all invoices, bills of lading, billings or other 
documentary record of sales to the operator.

10-7.05 Operator's Premises Open to Commission Inspection

    The premises of all Tribal Operators, including vehicles used in 
connection with liquor sales, shall be open at all times to inspection 
by the Kalispel Liquor Commission.

10-7.06 Operator's Records

    The originals or copies of all sales slips, invoices and other 
memoranda covering all purchases of liquor by operators shall be kept 
on file in the retail premises of the operator purchasing the same for 
at least five (5) years after each purchase, and shall be filed 
separately and kept apart from all other records, and as nearly as 
possible shall be filed in consecutive order and each month's records 
kept separate so to render the same readily available for inspection 
and checking. All canceled checks, bank statements and books of 
accounting covering or involving the purchase of liquor, and all 
memoranda, if any, showing payment of money for liquor other than by 
check, shall be likewise preserved for availability for inspection and 
checking.

10-7.07 Other Business by Operator

    An operator may conduct another business simultaneously with 
managing a tobacco or liquor and beer outlet for the Tribe. The other 
business may be conducted on the same premises, but the operator shall 
be required to maintain separate books of account for the other 
business.

10-7.08 Audit

    All of the books and other business records of the outlet shall be 
available for inspection and audit by the Commission or its authorized 
representative for any reasonable time.

10-7.09 Tribal Liability and Credit

    An operator is forbidden to represent or give the impression to any 
supplier or other person with whom he or she does business that he is 
an official representative of the Tribe or Commission authorized to 
pledge Tribal credit or financial responsibility for any of the 
expenses of his or her business operation. The operator shall hold the 
Kalispel Indian Tribe harmless from all claims and liability of 
whatever nature. The Commission shall revoke the operator's outlet 
license if the outlet is not operated in a businesslike manner or if it 
does not remain financially solvent or does not pay its operating 
expenses and bills before they become delinquent.

10-7.10 Bond for Excise Tax

    The excise tax together with reports on forms to be supplied by the 
Tribe shall be remitted to the Tribal office monthly unless otherwise 
specified in writing by the Commission. The operator shall furnish a 
satisfactory bond to the Tribe in an amount to be specified by the 
Commission guaranteeing his or her payment of excise tax.

10-7.11 Insurance

    The operator shall maintain at his or her expense adequate 
insurance covering liability, fire, theft, vandalism and other 
insurable risks. The Commission or the Business Committee may establish 
as a condition of any licenses, higher limits and any additional 
coverage it deems advisable. All insurance policies shall name the 
Tribe as an insured.

10-7.12 Liability for Bills

    The Tribe shall have no legal responsibility for any unpaid bills 
owed by a non-Tribally owned tobacco or liquor and beer outlet to a 
wholesale supplier or to any other person. The operator shall make 
arrangements with his or her wholesalers to send copies of all of his 
or her purchase invoices to the Tribal office.

10-7.13 Assent to Tribal Court Jurisdiction

    Operation of a Tribally-licensed tobacco or liquor outlet by a 
business entity creates a consensual relationship between the Tribe and 
the operator and the operator consents to Tribal court jurisdiction.

Sec.  10-8 Tribal Enterprises

10-8.01 Applicability

    This Section applies to Kalispel Tribal business enterprises, 
including tobacco and liquor outlets and gaming facilities. This 
Section is not applicable to outlets described in Section 10-7.01.

10-8.02 Subrogation of Chapter 17 Provisions

    Each tobacco and/or liquor and beer outlet, owned, managed and 
operated as a Kalispel Tribal Business Enterprise shall conform to the 
regulations and prohibitions outlined by this Chapter, to the extent 
that they are not in conflict with Chapter 17 of the Kalispel Tribe Law 
and Order Code. In case of conflict, the provisions of this Chapter 
shall be subrogated for the applicable provisions in Chapter 17.

10-8.03 Other Business

    A tobacco and/or liquor and beer outlet, owned, managed and 
operated as a Kalispel Tribal Business Enterprise may conduct another 
business simultaneously with the outlet. The other business may be 
conducted on the same premises, but separate books of account for the 
other business shall be maintained.

10-8.04 Insurance

    A tobacco and/or liquor and beer outlet, owned, managed and 
operated as a Kalispel Tribal Business Enterprise shall be covered by 
adequate insurance covering liability, fire, theft, vandalism and other 
insurable risks. The Commission or the Business Committee may establish 
higher limits and any additional coverage it deems advisable. All 
insurance policies shall name the Tribe as an insured.

10-8.05 Liability For Bills

    The Tribe shall have legal responsibility for any unpaid bills owed 
by a tobacco or liquor and beer outlet owned, managed and operated as a 
Kalispel Tribal Business Enterprise to a wholesale supplier or to any 
other person. This liability is expressly limited by Section 17-8 of 
the Kalispel Tribe Law and Order Code.

Sec.  10-9 Tribal Court Jurisdiction

10-9.01 Jurisdiction

    The Kalispel Tribal Court shall have jurisdiction over all matters 
described in this Code. This jurisdiction shall extend over Indians and 
Non-Indians to the full extent allowed by Federal, State and Tribal 
Law.

[[Page 61705]]

Sec.  10-10 Violations and Penalties

1-10.01 Violation and Penalties

    Any tobacco or liquor outlet operator violating this chapter shall 
be guilty of an offense and subject to fine that the Tribal Court 
determines to be appropriate and/or the Tribal Court may also order 
that the license to sell tobacco or liquor be revoked or suspended.

1-10.02 Integration of Chapter 9

    With the exception of Section 10-4.07, which permits purchase and 
consumption of alcoholic beverages at Northern Quest casino and other 
Tribally licensed liquor outlets, nothing in this chapter shall be 
deemed to override the criminal offenses described in Chapter 9 of the 
Kalispel Tribe Law and Order Code. The criminal offenses described 
therein shall have full force and effect concurrently with any 
violation of this Chapter.

10-10.03 Integration of Chapter 13

    If an action or omission is deemed to violate both this Chapter and 
Chapter 9, the Tribal prosecutor shall prosecute the offense or 
violation under whichever provision provides for the harsher sentence, 
either under this Chapter or Chapter 13 of the Kalispel Tribe Law and 
Order Code.

10-10.04 Non-Indian Violators

    Non-Indian individuals found to be in violation of this Chapter, 
Chapter 9 or an applicable statute under the Revised Code of Washington 
shall be subject to legal action that is in conformity with current 
Washington law.

Sec.  10-11 Sovereign Immunity

10-11.01 Consent To Sue Tribe Not Granted

    This Chapter does not grant jurisdiction or authority to bring suit 
against the Kalispel Indian Tribe. Nothing in this Chapter shall be 
deemed a waiver of the sovereign immunity from suit of the Tribe or its 
agents, entities, instrumentalities, or officials, which immunity is 
hereby held to extend to the Tribe and its officers and employees 
acting for the Tribe within the scope of their Tribal authority.

Sec.  10-12 Separability

10-12.01 Separability

    If any provision of this chapter, 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.

[FR Doc. E9-28230 Filed 11-24-09; 8:45 am]
BILLING CODE 4310-4J-P