[History: Tribal Act #11-29.2288, enacted by Tribal Council in Special Session June 29, 2011.]
This ordinance shall be known as the Grand Traverse Band of Ottawa and Chippewa Indians Liquor Seller Liability for Damage by Intoxicated Person Ordinance.
[History: Tribal Act #11-29.2288, enacted by Tribal Council in Special Session June 29, 2011.]
The Tribal Council hereby finds and declares that:
(a) 
If the GTB, its entities, or authorized agents, acting within the scope of employment, sells or serves any alcoholic liquor to an intoxicated person, and such purchaser, in consequence of such intoxication, thereafter injures the person or property of another whether within or beyond the Reservation or jurisdiction of GTB, GTB or its entity shall pay just damages to the person injured, up to $250,000, or to person injured in consequence of such intoxication up to an aggregate amount of $250,000, to be recovered in an action under this section, provided the aggrieved person or persons shall give written notice to GTB of such person's or persons' intention to bring an action under this section. Such notice shall be given:
(1) 
Within 120 days of the occurrence of such injury to person or property; or
(2) 
In the case of death or incapacity of any aggrieved person, within 180 days of the occurrence of such injury to person or property.
(b) 
Such notice shall specify the time, the date and the person to whom such sale or service was made, the name and address of the person injured or whose property was damaged. It shall be sent by certified mail to the persons to whom service is made for actions under this Code pursuant to the GTB Tribal Court Rules of Civil Procedure. The defendant in any action brought hereunder shall be the GTB or its entity and any action shall be brought in the GTB Tribal Court. Just damages as may be awarded shall not be interpreted to allow multiple recoveries for the same injury under this or any other applicable law and shall be limited to $250,000. No action under the provisions of this section shall be brought but within one year from the date of the act. No such injured party shall have any cause of action for negligence, nuisance as a result of the sale or service of alcoholic liquor served to a person 21 years of age or older. In order to sustain a claim under this section, an injured party must provide that, at the time of sale or service, the individual was intoxicated and was demonstrating outward signs of intoxication such as an abnormal mental or physical condition due to the influence of intoxicating liquors, a visible excitation of the passions and impairment of the judgment, or a derangement or impairment of physical functions and energies.
(c) 
The provisions of this section shall be applied retroactively, as set forth in this Subsection (c). The notice provisions of this section shall not bar any claims from being brought pursuant to this section for injuries to person or property of another caused by an intoxicated individual, which are already pending in the GTB Tribal Court as of the date in which this section is enacted, provided that the complaint already contains a claim based on the sale or service of alcohol. The notice provisions of this section shall also not bar any claims which accrued within one calendar year of the enactment of this section. Such aggrieved person or persons covered under this subsection shall give written notice to GTB of such person's or persons' intention to bring an action within 120 days of the enactment of this section.
[History: Tribal Act #11-29.2288, enacted by Tribal Council in Special Session June 29, 2011.]
This chapter shall take effect immediately upon its enactment by resolution of the Tribal Council. It shall have prospective application only and may not apply to or limit any waiver made by the Tribe or a Tribal entity acting within the scope of its authority prior to the effective date of this chapter.