The purpose of this article is to provide a framework for ensuring
that tobacco products purchases and sale transactions by retailers
within the jurisdiction of the Tribe are understood, undertaken in
compliance with legal obligations under the tax agreement between
the Nottawaseppi Huron Band of the Potawatomi and the State of Michigan, and to ensure uniformity of procedures.
For purposes of this article, the following terms have the meanings
assigned to them in this section:
COLLECTION AGENT
Any seller of or making sales at retail of tobacco products
from a location within tribal and trust lands.
GAAP
United States generally accepted accounting principles consistently
applied to tribal government operations as set out in Governmental
Accounting Standards Board statements.
PERSON
Any natural person, corporation, limited liability company,
other business entity, or any government and its political subdivisions
or instrumentality.
PURCHASER
Any person that purchases tobacco products at retail.
STATE
The State of Michigan.
TAX AGREEMENT
The tax agreement between the Nottawaseppi Huron Band of
the Potawatomi and the State of Michigan, dated December 20, 2002,
as the same may be amended from time to time.
TAX AGREEMENT AREA
The area designated as such in Appendix A of the tax agreement,
as the same may be amended from time to time.
TAX DEPARTMENT
The division of the tribal government charged with the implementation
and administration of this article.
TRIBAL AND TRUST LANDS
All fee lands owned by the Tribe and lands held in trust
by the federal government for the benefit of the Tribe, which are
designated as tribal and trust lands in Appendix A of the tax agreement,
as the same may be amended from time to time.
TRIBAL MEMBER
An individual who is an enrolled member of the Tribe.
TRIBE
The Nottawaseppi Huron Band of the Potawatomi. The term "Tribe"
includes all divisions or subdivisions of the tribal government and
business enterprises, including chartered entities or instrumentalities,
that are wholly owned by the Tribe.
If any provision of this article or its application to any person
or circumstances is held invalid, the invalidity does not affect other
provisions or applications that can be given effect without the invalid
provision or application.