San Carlos Apache Criminal Ordinance
SECTION ELEVEN
OFFENSES INVOLVING ALCOHOL
Section 11.1 Tribal Policy Regarding Alcoholic Beverages
It is legal and permissible to possess, transport, and/or consume alcoholic beverages within the exterior boundaries of the San Carlos Apache
Reservation, subject to such laws and regulations as may be provided by this Code or by the ordinances or policies of the San Carlos Apache Tribal
Council.
Section 11.2 Definitions
In this Chapter, unless the context otherwise requires:
“Alcoholic Beverages” means any beverage, mixture or preparation containing any form of ethanol or ethanol compound which may, in sufficient
quantities, result in physical, mental, or emotional impairment or intoxication.
“Public Place” means a place to which the public or a substantial group of persons has access and includes, but is not limited to: highways, streets,
alleys, schools, parks, places of business, playgrounds and hallways, lobbies and other portions of motels and hotels not constituting rooms or
apartments designed for actual residence. A public place shall include the immediate area, both inside and outside a structure wherein traditional San
Carlos religious practices, ceremonies or services are held. It shall also include the immediate area within 300 horizontal feet, both inside and outside
the San Carlos convenience store. This definition does not apply to the sale of alcoholic beverages on the premises of and by an on-sale retailer, nor
does it apply to a person consuming alcoholic beverages from a broken package in a public recreation area
or on private property with permission of the owner or lessor.
“Vehicle” includes any means of transportation by land, air, or water, and consists of everything made use of in any way for such transportation.
Section 11.3 Unlawful Possession of Open Container
A. A person commits Unlawful Possession of Open Container if he or she knowingly possesses an open container of an alcoholic beverage while in a
public place or vehicle.
B. A person found guilty of Unlawful Possession of Open Container may be sentenced to a period of imprisonment not to exceed 30 days, a fine not
to exceed $100.00, or both, with costs imposed at the discretion of the Court.
Section 11.4 Underage Possession or Consumption of Alcoholic Beverages
A. A person commits Underage Possession or Consumption of Alcoholic Beverages if he or she is under the age of 21 years and possesses or
consumes alcoholic beverages.
B. A person found guilty of Underage Possession or Consumption of Alcoholic Beverages may be sentenced to a period of imprisonment not to
exceed 30 days, a fine not to exceed $100.00, or both, with costs imposed at the discretion of the Court.
Section 11.5 Public Intoxication
A. A person commits Public Intoxication if he or she appears in any public place or in a private place without the consent of the owner, and is under
the influence of or intoxicated by alcoholic beverages, toxic vapors, or any psychotropic substances, whether legal or illegal.
B. A person found guilty of Public Intoxication may be sentenced to a period of imprisonment not to exceed 30 days, a fine not to exceed $100.00, or
both, with costs imposed at the discretion of the Court.
C. The Tribal Court may, in its discretion or at the request of another, commit a person repeatedly convicted of Public Intoxication to an alcoholic
rehabilitation unit for residential treatment, or require the offender to participate in an outpatient counseling program designed and supervised by an
alcohol or drug rehabilitation program as a condition of probation or in lieu of a jail sentence as required in Paragraph B of this section.
Section 11.6 Involving a Minor in an Alcohol-Related Offense
A. A person commits Involving a Minor in an Alcohol-Related Offense if he or she:
1. hires, employs, or uses a person under the age of 21 years to engage in any conduct, completed or preparatory, which is prohibited by this chapter.
2. sells, transfers, or offers to sell or transfer to a person under the age of 21 years any alcoholic beverage.
B. A person found guilty of Involving a Minor in an Alcohol-Related Offense may be sentenced to a period of imprisonment not to exceed 180 days,
a fine not to exceed $1,000.00, or both, with costs imposed at the
discretion of the Court.
C. If a person has been previously convicted of this offense, he or she shall be sentenced to a period of imprisonment for 365 days and a fine of
$5,000.00. He or she shall not be eligible for suspension or commutation of sentence, probation, pardon, or parole or release on any other basis.
Section 11.7 Possession of Alcoholic Beverages for Manufacture, Delivery or Sale
A. A person commits Possession of Alcoholic Beverages for Manufacture, Delivery or Sale if he or she manufactures, sells, delivers for sale or resale,
buys for resale, or otherwise deals in alcoholic beverages without a liquor license or other lawful authority.
B. A person found guilty of Possession of Alcoholic Beverages for Manufacture, Delivery or Sale may be sentenced to a period of imprisonment not
to exceed 365 days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
OFFENSES INVOLVING ALCOHOL
Section 11.1 Tribal Policy Regarding Alcoholic Beverages
It is legal and permissible to possess, transport, and/or consume alcoholic beverages within the exterior boundaries of the San Carlos Apache
Reservation, subject to such laws and regulations as may be provided by this Code or by the ordinances or policies of the San Carlos Apache Tribal
Council.
Section 11.2 Definitions
In this Chapter, unless the context otherwise requires:
“Alcoholic Beverages” means any beverage, mixture or preparation containing any form of ethanol or ethanol compound which may, in sufficient
quantities, result in physical, mental, or emotional impairment or intoxication.
“Public Place” means a place to which the public or a substantial group of persons has access and includes, but is not limited to: highways, streets,
alleys, schools, parks, places of business, playgrounds and hallways, lobbies and other portions of motels and hotels not constituting rooms or
apartments designed for actual residence. A public place shall include the immediate area, both inside and outside a structure wherein traditional San
Carlos religious practices, ceremonies or services are held. It shall also include the immediate area within 300 horizontal feet, both inside and outside
the San Carlos convenience store. This definition does not apply to the sale of alcoholic beverages on the premises of and by an on-sale retailer, nor
does it apply to a person consuming alcoholic beverages from a broken package in a public recreation area
or on private property with permission of the owner or lessor.
“Vehicle” includes any means of transportation by land, air, or water, and consists of everything made use of in any way for such transportation.
Section 11.3 Unlawful Possession of Open Container
A. A person commits Unlawful Possession of Open Container if he or she knowingly possesses an open container of an alcoholic beverage while in a
public place or vehicle.
B. A person found guilty of Unlawful Possession of Open Container may be sentenced to a period of imprisonment not to exceed 30 days, a fine not
to exceed $100.00, or both, with costs imposed at the discretion of the Court.
Section 11.4 Underage Possession or Consumption of Alcoholic Beverages
A. A person commits Underage Possession or Consumption of Alcoholic Beverages if he or she is under the age of 21 years and possesses or
consumes alcoholic beverages.
B. A person found guilty of Underage Possession or Consumption of Alcoholic Beverages may be sentenced to a period of imprisonment not to
exceed 30 days, a fine not to exceed $100.00, or both, with costs imposed at the discretion of the Court.
Section 11.5 Public Intoxication
A. A person commits Public Intoxication if he or she appears in any public place or in a private place without the consent of the owner, and is under
the influence of or intoxicated by alcoholic beverages, toxic vapors, or any psychotropic substances, whether legal or illegal.
B. A person found guilty of Public Intoxication may be sentenced to a period of imprisonment not to exceed 30 days, a fine not to exceed $100.00, or
both, with costs imposed at the discretion of the Court.
C. The Tribal Court may, in its discretion or at the request of another, commit a person repeatedly convicted of Public Intoxication to an alcoholic
rehabilitation unit for residential treatment, or require the offender to participate in an outpatient counseling program designed and supervised by an
alcohol or drug rehabilitation program as a condition of probation or in lieu of a jail sentence as required in Paragraph B of this section.
Section 11.6 Involving a Minor in an Alcohol-Related Offense
A. A person commits Involving a Minor in an Alcohol-Related Offense if he or she:
1. hires, employs, or uses a person under the age of 21 years to engage in any conduct, completed or preparatory, which is prohibited by this chapter.
2. sells, transfers, or offers to sell or transfer to a person under the age of 21 years any alcoholic beverage.
B. A person found guilty of Involving a Minor in an Alcohol-Related Offense may be sentenced to a period of imprisonment not to exceed 180 days,
a fine not to exceed $1,000.00, or both, with costs imposed at the
discretion of the Court.
C. If a person has been previously convicted of this offense, he or she shall be sentenced to a period of imprisonment for 365 days and a fine of
$5,000.00. He or she shall not be eligible for suspension or commutation of sentence, probation, pardon, or parole or release on any other basis.
Section 11.7 Possession of Alcoholic Beverages for Manufacture, Delivery or Sale
A. A person commits Possession of Alcoholic Beverages for Manufacture, Delivery or Sale if he or she manufactures, sells, delivers for sale or resale,
buys for resale, or otherwise deals in alcoholic beverages without a liquor license or other lawful authority.
B. A person found guilty of Possession of Alcoholic Beverages for Manufacture, Delivery or Sale may be sentenced to a period of imprisonment not
to exceed 365 days, a fine not to exceed $5,000.00, or both, with costs imposed at the discretion of the Court.
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
| |
 |
"Protecting and
serving members and
visitors of the San
Carlos Apache Tribe"
serving members and
visitors of the San
Carlos Apache Tribe"