5.15.080 Application for liquor and beer outlet licenses.
(1) Application. Any person 21 years of age and older, may apply to the commission for a liquor and/or beer outlet license.
(2) Licensing Requirements. The person applying for such permit must make a showing once a year, and must satisfy the commission that:
(a) He/she is a person of good moral character, sound reputation among the Robinson Rancheria people and is financially responsible.
(b) He/she has never been convicted of violating any of the laws prohibiting the traffic in any spirituous, vinous, fermented or malt liquors, or of any of the gambling laws of the tribe, state, or any other tribe or state of the United States, within three years immediately preceding the date of his/her petition.
(c) He/she has never been convicted of a felony.
(d) He/she has not had any permit or license to sell nonintoxicating liquors revoked by any governmental authority within the previous 12 months.
(e) He/she is or will be duly licensed by the state of California, if so required by law.
(f) He/she has provided a description of the premises in which the intoxicating beverages are to be sold, proof that the applicant is the owner of such premises, or lessee of such premises, for at least the term of the license.
(g) He/she agrees to accept and abide by all conditions of the tribal license.
(3) Processing of Application. The commission’s secretary shall receive and process applications and be the official representative of the tribal and commission in matters relating to receipt of applications, liquor and beer excise tax collections and related matters. If the commission or its authorized representative is satisfied that the applicant is suitable and a responsible person, the commission or its authorized representative may issue a license for the sale of liquor and/or beer products.
(4) Application Fee. Each application shall be accompanied by an application fee to be set by regulation of the commission.
(5) Posting. Applicant must provide satisfactory proof that notice of the application has been posted in a prominent, noticeable place on the premises where intoxicating beverages are to be sold for at least 30 days prior to consideration by the commission and has been published at least twice in such local newspaper serving the community that may be affected by the license as the chairperson or secretary may authorize. The notice shall state the date, time, and place when the application shall be considered by the commission pursuant to subsection (6) of this section.
(6) Hearing on Application of Tribal Liquor License. All applications for a tribal liquor license shall be considered by the commission in open session at which the applicant, his attorney, and any person protesting the application shall have the right to be present, and to offer sworn oral or documentary evidence relevant to the application. After the hearing, the commission, by secret ballot, shall determine whether to grant or deny the application based on:
(a) Whether the requirements of this section have been met; and
(b) Whether the commission, in its discretion, determines that granting the license is in the best interests of the tribe.
In the event that the applicant is a member of the business council, or a member of the immediate family of a business council member, such member shall not vote on the application or participate in the hearings as a commission member.
(7) Temporary Permits. The commission or its designee may grant a temporary permit for the sale of beer and/or liquor for a period not to exceed three days to any person applying for the same in connection with a tribal or community activity; provided, that the permittee can meet the conditions set forth in subsections (1) and (2) of this section. Each permit issued shall specify the types of beer and/or liquor to be sold. Further, a fee, to be set by the commission, will be assessed on temporary permits.
(8) Discretionary Licensing. Nothing herein shall be deemed to create a duty or requirements to issue a license. Issuance of licenses is discretionary upon the commission’s determination of the best interests of the Robinson Rancheria, and the license grants a privilege, but not a property right, to sell liquor and/or been within the jurisdiction of the Robinson Rancheria at the licensed outlet(s). [Ord. Liquor and Beer Ordinance § 203.]