In addition to the offenses set forth in this section, activities related to liquor within the jurisdiction of the Port Gamble S’Klallam Tribe shall be controlled by Title 14 the Liquor Code of the Port Gamble S’Klallam Tribe’s Law and Order Code.
(Res. 17-A-064, 6/12/2017)
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Note: After serious deliberation, the Port Gamble S’Klallam Tribe has determined that present day circumstances, including the Washington State’s legalization of marijuana, make a complete ban of marijuana within Tribal Lands ineffective and unrealistic, and the Tribe has decriminalized its possession in very limited circumstances. In order to incorporate this change into the criminal code, the previous chapter on drugs and alcohol was divided into two chapters, and this new chapter on liquor is a result of that change.
No person shall:
(a) 
Sell or offer for sale by the drink, bottle, or container or keep or possess with intent to sell any liquor, except as authorized by the Port Gamble S’Klallam Liquor Code;
(b) 
Manufacture any liquor with intent to sell within the Tribe’s jurisdiction;
(c) 
Purchase liquor from any other person other than at a duly authorized tribal liquor store or other business authorized to sell liquor within the Tribe’s jurisdiction;
(d) 
Transfer an identification of age to a minor for the purpose of permitting such minor to obtain liquor; however, corroborative testimony of a witness other than a minor shall be a requirement of conviction; or
(e) 
Attempt to purchase liquor through the use of false or altered identification, which falsely shows the individual to be over the age of twenty-one (21) years.
Any violation of this section is a Misdemeanor 1.
(Res. 17-A-064, 6/12/2017. This section was expanded from the previously existing section entitled “Liquor Violations” that prohibited selling, trading, transporting, or manufacturing alcohol on the reservation without Tribal authorization. Original L.H. for Liquor Violations: Res. 84 A 03, 2/14/1984 amended this section for clarity; amended by Res. 05-A-054, 6/14/2005)
No person under twenty-one (21) years of age shall purchase, possess, obtain, or sell any liquor.
Any violation of this section is a Misdemeanor 2.
(Res. 02 A 108, 12/17/2002 adopted this section, and repealed the civil infraction of Minor in Possession of Alcohol; Res. 89-A-51, 4/27/1989; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064, 6/12/2017, amended this section number to fit into new Chapter 5.08 Liquor.)
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Cross Reference: Section 8.01.02 of the Port Gamble S’Klallam Law and Order Code requires notice of all proceedings involving a person under the age of eighteen to be given to the parent, guardian, or custodian as well as the minor.
No person under twenty-one (21) years of age shall consume any liquor.
“Consume” means the act of consuming liquor, the condition of having consumed liquor, and the condition of being under the influence of liquor.
Any violation of this section is a Misdemeanor 2.
(Res. 02 A 108, 12/17/2002 adopted this section, and repealed the civil infraction of Minor Under the Influence of Alcohol; Res. 89-A-51, 4/27/1989; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064, 6/12/2017, amended this section number to fit into new Chapter 5.08 Liquor.)
[1]
Cross Reference: Section 8.01.02 of the Port Gamble S’Klallam Law and Order Code requires notice of all proceedings involving a person under the age of eighteen to be given to the parent, guardian, or custodian as well as the minor and Section 8.01.06 requires the parent, guardian, or custodian to attend all proceedings for minors under the age of 18.
Any person who gives, sells, or trades any alcoholic beverage to a person under the age of twenty-one shall be guilty of a Felony 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section increasing the maximum fine. The mandatory pre-sentence evaluation was passed 6/14/1988; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064, 6/12/2017, amended this section number to fit into new Chapter 5.08 Liquor and to change the sentence for this offense from a Class A to a Felony 2.)
Any person who permits or fails to take action to prevent one or more persons under the age of twenty-one (21) years of age to possess, consume, ingest, or otherwise use alcohol in or on any property including a residence, building, land assignment or outdoor property, including a shed, garage, or other structure, motor vehicles or water crafts, site owned, leased or otherwise controlled by the social host, shall be guilty of a Felony 2.
The person shall be guilty of social host liability when the person knew that the conduct took place on their property and the person permitted such conduct or failed to take action to prevent such conduct. In addition, hosts who allow underage drinking and or supply the alcohol that is consumed or possessed by the minors may be in violation of delivery of alcohol to a minor, aiding or abetting minor in possession of alcohol or minor under the influence of alcohol, contributing to the criminal act of a minor, or endangering the welfare of a child.
(Res. 10 A 063, 6/8/2010 adopted this section; Res. 17-A-064, 6/12/2017, amended this section number to fit into new Chapter 5.08 Liquor and to change the sentence for this offense from a Class A to a Felony 2; amended by Res. 23-A-019, 1/24/2023, to remove gendered pronouns.)
No person shall open a package containing liquor or marijuana or consume liquor or marijuana in a public place.
However, the Tribe may permit the consumption of liquor in public places that it specifically identifies for that purpose.
Any violation of this section is a Misdemeanor 2.
(Res. 17-A-064, 6/12/2017)
No person shall be under the influence of intoxicating liquor or drugs or glue in any public place who acts in a manner causing a public nuisance.
Intoxication in a Public Place—Nuisance is a Misdemeanor 2.
(Port Gamble S’Klallam Law and Order Code. Res. 84 A 03, 2/14/1984 amended this section slightly for clarity; amended by Res. 05-A-054, 6/14/2005; Res. 17-A-064, 6/12/2017, amended this section number to fit into new Chapter 5.08 Liquor.)