SECTION 1. That all food stores and cafes (restaurants) who are selling consumable items (food or drink), and that any and all individuals, clubs, firms, associations, or organizations desirous of serving food and drink on any and all Oglala Sioux Tribal lands or reserves, shall be licensed by the OST Health Authority, that a condition of such license shall be that the licensee agree in writing to abide by, adhere to, the applicable sections of the: United States Public Health Service, Food Service, Sanitation Ordinance, 1976 Recommendations as adopted by the Oglala Sioux Tribe and made applicable to all within the jurisdiction of the Oglala Sioux Tribe on the Pine Ridge Reservation. A copy of which is attached, and that the final authority of any questions of non-compliance with said ordinance shall rest with the Oglala Sioux Tribal Health Authority or its designee who shall be appointed by the Health Authority at least one month prior, to the effective date of this ordinance, and

SECTION 2. That the Oglala Sioux People have always retained certain sacred tribal customs and traditional beliefs which are recognized by this Council and with all due respect hold the same exempt from this ordinance.

SECTION 3. That a fee schedule, to be determined by the Oglala Sioux Tribal Health Authority, shall be payable to the Tribe for each food service license application, that any decision of noncompliance shall be full and just cause for revocation of any license granted under this ordinance, and

SECTION 4. That any license revoked under this ordinance shall be reinstated only on determination of correction of the conditions resulting in the findings of noncompliance and upon payment of renewal fee not to exceed the original fee.

SECTION 5. That an application for a temporary food service license for the Oglala Sioux Tribal Reservation and Reserves, shall include the name and address of the individual, firm, association, or organization, the type of food to be served, type of cooking facilities available, type of building to be utilized, a brief description of the facilities available, waste disposal facilities, sources of all food supplies, and the names and addresses of all employees and a brief statement to the effect that the licensee has read and understands the provisions of the US Public Health Service, Food Service Sanitation Ordinance, 1976 Recommendations and agrees to abide by and adhere to the applicable sections of that document.

SECTION 6. The definitions: The inspection of food service establishments; the issuance; suspension and revocation of permits to operate food service establishments; the prohibiting of the sale of adulterated or misbranded food or drink; and the enforcement of this ordinance shall be regulated in accordance with the "United States Public Health Service, Food Service Sanitation Ordinance and Code."

Three copies of which shall be on file in the. office of the Tribal Secretary, provided that the words "municipality of" in said unabridged form shall be understood to refer to the Oglala Sioux People, Pine Ridge Reservation of South Dakota.

SECTION 7. Any person who violates any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof, shall be punished by a fine of not more than fifty dollars ($50.00). In addition thereto such persons may be enjoined from continuing such violations. Each day upon which such violation occurs constitutes a separate violation.

SECTION 8. This ordinance shall be in full force and effect three (3) months after its adoption and publication as provided by law and at that time all ordinances are hereby repealed.

Hist : Ordinance No. 82-09