Tonto Apache Tribe Updates Its Liquor Laws—Cheers to That
Published Date: 8/24/2026
Notice
Summary
This notice publishes the Tonto Apache Tribe of Arizona Liquor Control Code, which repeals and replaces the previous liquor code published on January 14, 1986.
Analyzed Economic Effects
5 provisions identified: 1 benefits, 4 costs, 0 mixed.
Tribe Authorized to License and Tax Liquor
The Tonto Apache Tribe has the exclusive power to establish licenses and levy taxes on liquor transactions within Tribal Lands. The Tribe says enacting this Code will encourage economic development and provide a source of revenue to strengthen Tribal government and fund basic governmental functions.
New Licensing and Compliance Rules for Businesses
If you operate as a Manufacturer, Wholesaler, or Retailer on Tribal Lands, you must obtain a license (Manufacturer and Retailer: 1-year term; Wholesaler: 3-year term), submit an application with an application fee set by the Commission, and comply with monthly and annual reporting and recordkeeping. The Commission can inspect premises, request books, and requires licensee records to be preserved for two (2) years and Commission records kept for five (5) years; application or background investigations must be completed within sixty (60) days or be deemed denied.
Key Participant Background Checks and Limits
All Key Participants (executives, managers, or those with at least 10% ownership) must be licensed and submit detailed applications including Social Security number, employment history, and criminal history. Background investigations and credit checks must be completed within sixty (60) days or be deemed a denial; applicants convicted of a felony within the last five (5) years or with certain liquor-related convictions or a liquor license revoked in the previous two (2) years are ineligible.
Enforcement Powers, Fines, and Licensing Sanctions
The Commission may suspend or revoke licenses, impose fines, issue cease-and-desist orders, and refer enforcement to the Tonto Apache Tribal Court; violations, failure to comply with final orders, or continuation after a cease-and-desist can lead to civil penalties assessed by the Commission. The Code provides hearing timelines: a hearing request must be granted and scheduled within ten (10) days, hearings set between five (5) and sixty (60) days, Commission decisions issued within thirty (30) days, and appeals to the Tribal Council filed within twenty (20) days and decided within sixty (60) days.
Sovereign Immunity and Commission Legal Protections
The Tribe expressly reserves all inherent sovereign rights, and the Commission, as a governmental subdivision, is afforded sovereign immunity from suit in any state, federal, or tribal court unless waived by the Tribe. The Commission may not waive sovereign immunity without written approval from the Tribal Council.
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