This chapter shall be known as the "Nottawaseppi Huron Band of the Potawatomi (NHBP) Commercial Tobacco-Free Buildings; Public and Private Worksites and Public Places Code."
The Tribal Council of the NHBP enacts this chapter to ensure that all tribal members, family, friends, employees and tribal guests, and the next seven generations are not exposed to commercial tobacco use including secondhand smoke or to the uses of commercial tobacco products. The Tribal Council adopts this chapter pursuant to the express grant of authority enumerated in Article VI, Section 1(a) (of the NHBP Constitution) to promote and protect the health, safety, education and general welfare of the Band and its members.
A. 
To restrict or prohibit the advertisement and/or promotion of any tobacco products (hereinafter referred to as "tobacco industry") on NHBP land in order to promote the health of tribal members and future generations.
B. 
The goal of this chapter is to ensure that exposure to commercial tobacco use, including exposure to secondhand smoke, as well as the uses of commercial tobacco products by tribal members, family, friends, employees and tribal guests are minimized or eliminated.
C. 
This chapter is not intended to restrict the use of ceremonial and/or traditional tobacco use.
D. 
To keep tribal adolescents and young adults from starting to use commercial tobacco for nonceremonial/traditional recreational use.
E. 
To prohibit the selling, giving or furnishing of commercial and/or recreational tobacco products to minors and to regulate the retail sale of recreational commercial tobacco products by prohibiting their sale in most locations within the Nottawaseppi Huron Band of the Potawatomi Reservation.
As used in this chapter, the singular includes the plural and the plural the singular when consistent with the intent of this chapter. The following definitions apply:
ADULT
A person 18 years of age or older, or otherwise emancipated by order of the Tribal Court or a court of competent jurisdiction.
BUILDINGS
All buildings owned by the NHBP, including all businesses and all rental buildings.
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold as well as professional businesses and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
CEREMONIAL TOBACCO USE
A use that is not prohibited by this chapter and includes ceremonial and/or traditional uses, including but not limited to smudging, carrying or passing tobacco ties, wearing tobacco pouches, possessing a single cigarette to be immediately used in a traditional ceremony, or using a traditional pipe in connection with recognized traditional spiritual or cultural protocols. Questions as to whether a particular practice is in accord with "traditional spiritual or cultural protocols" will be referred to a pipe carrier within the lodge the proponent claims to identify with.
CHILD
An individual who has not attained the age of 18 years of age.
COMMERCIAL TOBACCO PRODUCT
Commercially produced cigarettes, bidis, cheroots, stogies, cigars, pipe or other smoking tobacco, snuff, snuff flour, cavendish, plug and twist tobacco, smokeless, spit, chew, fine cut and other chewing tobacco, shorts, and any other kind and forms of tobacco prepared in such a manner as to be suitable for smoking in a pipe or otherwise are all subject to this chapter.
COMMERCIAL TOBACCO USE
Chewing/dipping or inhaling, exhaling, burning or carrying any lighted commercial tobacco product.
EMPLOYEE
Any person who is employed by the NHBP in consideration for direct or indirect monetary wages and any person who volunteers his or her services for any business of the NHBP.
INDIAN
Any member of a federally recognized American Indian tribe or Alaska native, a Canadian Indian tribe or First Nation, or any person from a nonfederally recognized Indian tribe.
MINOR
An individual who is not married and has not attained the age of 18 years of age.
PARENT
A person who is legally responsible for the control and care of a child, including a natural or adoptive parent, a legal guardian or custodian, excluding persons whose parental rights have been terminated.
PERMANENT GUARDIAN
A guardian who has been granted long-term guardianship status that is irrevocable unless the guardian is unsuitable as determined by the Tribal Court or the appointed guardian petitions for revocation.
PUBLIC PLACE
Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to educational events, health facilities, public transportation, reception areas, retail food production and marketing establishments, retail services establishments, retail stores, waiting rooms. A private residence is not a public place.
RECREATIONAL TOBACCO USE
A use of any commercial tobacco product for a use that is not a recognized ceremonial tobacco use.
RENTAL HOUSING
Any residential house, duplex or apartment that is owned by the Tribe and rented to any person.
TRIBAL COUNCIL
The elected governing body exercising legislative and executive powers of the Nottawaseppi Huron Band of the Potawatomi, as set forth in the NHBP Constitution.
TRIBAL COURT or COURT
The Nottawaseppi Huron Band of the Potawatomi Tribal Court.
WORKSITE
Any area under the control of the NHBP which employees normally frequent during the course of their employment, including but not limited to work areas, employee lounges and restrooms, conference and class rooms, employee cafeteria and hallways. A private residence is not a worksite unless it is used as a child-care, adult-care or health-care facility.