Turtle Mountain Law Library
Turtle Mountain Band of Chippewa Indians Tribal Code.

19.01.080 License; Application for

Any person desiring a license to sell alcoholic beverages at retail as hereinbefore described shall make and present a written verified application to the Tribal Council of this Reservation, filed with the Tribal Secretary, containing the following information:

(a) The name and address of the applicant; if the applicant is a co-partnership, the name and address and place of residence of each member of said co-partnership; if the applicant is a corporation, the name and address of the officers of the corporation, and the manager of the licensed premises.

(b) Whether the applicant is a citizen of the United States, and if a naturalized citizen, the date and place of naturalization, and place of residence of the applicant for a period of one (1) year last preceding the date of application; if the applicant is a co-partnership, the same preceding information for each member of said co-partnership; and if the applicant is a corporation, the date incorporated, the state where incorporated, the purpose for which said corporation was incorporated, and if such corporation is a subsidiary of any corporation, the name of the parent corporation.

(c) The legal description and the address of the premises for which license is sought.

(d) The date on which the applicant acquired title to the premises sought to be licensed, and if the applicant does not have title to said premises, the name and address of the owner of the premises together with a copy of the applicant's lease, if written, under which he holds possession of said premises.

(e) Whether the applicant has ever engaged in the sale or distribution of alcoholic beverages prior to this application, and if so, the date and type of business, and place where so engaged whether within or without the State of North Dakota, the date the applicant first began to operate.

(f) Whether the applicant has ever had a license revoked or cancelled by any Tribal, municipal, state or federal authority, and if so, the date of such cancellation, the place and authority canceling same, and the reason for such cancellation.

(g) Whether the applicant has ever been convicted of the violation of any law of any Indian Tribe, the United States, or of any state, or of the violation of any local ordinance, with regard to the manufacture, sale, distribution or possession of alcoholic beverages, and if so, the dates, names of places, and courts, in which said convictions were had.

(h) Whether the applicant has ever had a license for the sale of alcoholic beverages revoked for any violation of state or Tribal laws, or local laws or local ordinances, and if so, the names of the bodies revoking such license, the dates of such revocation, and the reasons assigned there for.

(i) Whether the applicant has ever been convicted of any other crime than stated in subsections (g) and (h) hereof, in this state or any other state, or under any federal law, and if so, the date of such conviction, the name of the crime for which convicted, the amount and terms of sentence passed, and the court in which convicted.

(j) The name, address and place of residence for a period of one (1) year prior to the date of application of any person who will have charge, management, or control of the establishment for which license is sought.

(k) Whether any person other than the applicant has any right, title, estate or interest in the leasehold, or in the furniture, fixtures, or equipment in the premises for which license is sought, and if so, the name and address of such person, together with a statement of the interest so held.

(l) Whether the applicant has any interest whatsoever, directly or indirectly, in any other establishment dispensing alcoholic beverages, either at wholesale or retail, within or without the State of North Dakota, and if so, the names and addresses of such establishments. This provision is meant to include the holders of capital stock in any corporation dealing in alcoholic beverages, either at wholesale or retail, and within the borders of the United States.

(m) The occupation which the applicant has followed during the past five (5) years.

(n) The names and addresses of at least three (3) business references.

(o) Whether the applicant is rated by any commercial agency, and if so, the name and address of said agency.

(p) Whether the applicant is engaged in any other business, or intends to be engaged in any business other than the sale of alcoholic beverages under the license for which application is made, and if so, the type of business, and if an employee, the name and address of the employer.

(q) The classification of license applied for.

(r) If the applicant is a lodge or a club, the date of organization, the number of members, the purpose for which organized, and the purpose for which profits to be derived from the sale of alcoholic beverages are to be applied; and whenever required by the Tribal Council, a list of the members belonging to such lodge or club.

(s) A statement by the applicant that he consents to entry and inspection of the premises for which license is sought, or any part thereof at any time by any peace officer of this Tribe.