Liquor Control Ordinance of the Pawnee Nation of Oklahoma, 51844-51848 [06-7286]

Download as PDF 51844 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices 6. Alan D. Ross, Law Corporation, Encino, CA. 7. Kantor, Taylor, McCarthy, PC, Seattle, WA. 8. CNA Surety, Sioux Falls, SD. 9. PNC Multifamily Capital, San Francisco, CA. 10. National Association of Home Builders, Washington, DC. 11. Vorys, Sater, Seymour and Pease, LLP, Cincinnati, OH. 12. National Leased Housing Association, Washington, DC. 13. The Surety Association of America, Washington, DC. 14. Goulston & Storrs, Counsellors at Law, Washington, DC. 15. Nixon Peabody LLP, Washington, DC. 16. Coan & Lyons, Washington, DC. 17. AGM Financial Services, Inc., Baltimore, MD. 18. Boston Capital, Boston, MA. 19. Highland Mortgage Company, Raleigh, NC. 20. Guardian Management, Portland, OR. 21. American Arbitration Association, New York, NY. 22. P/R Mortgage & Investment Corp., Carmel, IN. 23. Committee on Healthcare Financing, Washington, DC. 24. Mortgage Bankers Association, Washington, DC. 25. M&T Realty Capital Corporation, Baltimore, MD. [FR Doc. 06–7267 Filed 8–30–06; 8:45 am] BILLING CODE 4210–67–M DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Bureau of Indian Affairs, Interior. ACTION: Notice. erjones on PROD1PC72 with NOTICES AGENCY: The Pawnee Nation of Oklahoma Liquor Ordinance reads as follows: SUMMARY: This notice publishes the Liquor Control Ordinance of the Pawnee Nation of Oklahoma (Tribe). The Ordinance regulates and controls the possession, sale and consumption of liquor within the Pawnee Nation of Oklahoma including all land within the definition of ‘‘Indian country’’ as established and described by Federal law under the jurisdiction of the Tribe. This Ordinance allows for possession and sale of alcoholic beverages within the Pawnee Nation, and increases the ability of the tribal government to control the Tribe’s liquor distribution and possession. At the same time it will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services. DATES: Effective Date: This Ordinance is effective on August 31, 2006. 15:29 Aug 30, 2006 Jkt 208001 Terry Bruner, Deputy Regional Director, Southern Plains Regional Office, Bureau of Indian Affairs, WCD Office Complex, P.O. Box 368, Anadarko, OK 73005; Telephone (405) 247–1668; Fax: (405) 247–5611 or 247–9240; or Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW., Mail Stop 4513–MIB, Washington, DC 20240; Telephone: (202) 513–7629. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83–277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Pawnee Business Committee of the Pawnee Nation of Oklahoma (Business Committee) adopted its Liquor Ordinance by Resolution No. 02–01 on January 11, 2002. This is the first Liquor Ordinance passed by the Tribe. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within tribal lands of the Tribe. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary— Indian Affairs. I certify that this Liquor Ordinance of the Pawnee Nation of Oklahoma was duly adopted by the Business Committee on January 11, 2002. Dated: August 23, 2006. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. Liquor Control Ordinance of the Pawnee Nation of Oklahoma VerDate Aug<31>2005 FOR FURTHER INFORMATION CONTACT: Pawnee Nation of Oklahoma Liquor Control Providing for the Regulation of Beer and Alcohol in the Indian Country of the Pawnee Nation of Oklahoma Article I. Declaration of Public Policy and Purpose Pursuant to Article IV, Section 1 of the Constitution of the Pawnee Nation of Oklahoma, the Pawnee Business Council is the supreme governing body of the Pawnee Nation of Oklahoma. Pursuant to Article IV, Section 2 of the Constitution of the Pawnee Nation of Oklahoma, the Pawnee Business Council shall exercise all the inherent, statutory, and treaty powers of the Pawnee Nation of Oklahoma by the enactment of legislation, the transaction of business, and by otherwise speaking or acting on behalf of the Pawnee Nation of Oklahoma on all matters which the PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 Pawnee Nation of Oklahoma is empowered to act. This document shall be known as the Pawnee Nation of Oklahoma Liquor Control Act. These laws are enacted to regulate the sale and distribution of liquor and beer products on All Properties under the jurisdiction of the Pawnee Nation of Oklahoma, and to generate revenue to fund needed tribal programs and services. Revenue received by the Tribe under this Act, from whatever source, shall be expended for administrative costs incurred in the enforcement of this Act. Excess funds shall be subject to appropriation by the Pawnee Business Council for essential governmental and social services, including the use of revenues to combat alcohol abuse and its debilitating effects among individuals and family members of the Pawnee Nation of Oklahoma. The Pawnee Business Council finds that tribal control and regulation of liquor is necessary to protect the health and welfare of tribal members, to address specific concerns relating to alcohol use in Pawnee Nation of Oklahoma Indian Country, and to achieve maximum economic benefit to the Tribe. The introduction, possession and sale of liquor in Pawnee Nation of Oklahoma Indian Country is a matter of special concern to the Pawnee Business Council. The Pawnee Business Council finds that a complete ban on liquor within Pawnee Nation of Oklahoma Indian Country is ineffective and unrealistic. However, it recognizes the need for strict regulation and control over liquor transactions within Pawnee Nation of Oklahoma Indian Country because of the many potential problems associated with the unregulated or inadequately regulated sale, possession, distribution and consumption of liquor. Federal law forbids the introduction, possession, and sale of liquor in Indian Country except when the same is in conformity both with the laws of the State and the Pawnee Nation of Oklahoma, 18 U.S.C. 1161. As such, compliance with this Act shall be in addition to, and not substitute for, compliance with the laws of the State of Oklahoma. It is in the best interests of the Pawnee Nation of Oklahoma to enact a tribal Act governing liquor sales in Pawnee Nation of Oklahoma Indian Country and which provides for exclusive purchase, distribution, and sale of liquor only on tribal lands within the exterior boundaries of Pawnee Nation of Oklahoma Indian Country. Further, the Tribe has determined that said E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices erjones on PROD1PC72 with NOTICES purchase, distribution and sale shall take place on designated Pawnee tribal land only. Article II. Definitions As used in this title, the following words shall have the following meanings unless the context clearly require otherwise: (a) Alcohol. That substance known as ethyl alcohol, hydrated oxide of ethyl, alcohol, hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever source or by whatever process produced. (b) Alcoholic Beverage. This term is synonymous with the term liquor as defined in paragraph (1)(g) of this Article. (c) Bar. Any establishment with special space and accommodations for the sale of liquor by the glass and for consumption on the premises as herein defined. (d) Beer. Any beverage obtained by the alcoholic fermentation of an infusion or decoction of pure hops, or pure extract of hops and pure barley malt or other wholesome grain or cereal in pure water and containing the percent of alcohol by volume subject to regulation as an intoxicating beverage in the state where the beverage is located. (e) Liquor. All fermented, spirituous, vinous, or malt liquor or combinations thereof, and mixed liquor, a part of which is fermented, and every liquid or solid or semisolid or other substance, patented or not, containing distilled or rectified spirits, potable alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption and any liquid, semisolid, solid, or other substances, which contain more than one-half of one percent of alcohol. (f) Liquor Control Commission. The Pawnee Nation Liquor Control Commission as established by Article III of this Act. (g) Liquor Store. Any store at which liquor is sold and, for the purpose of this Act, includes stores where only a portion of which are devoted to sale of liquor or beer. (h) Malt Liquor. Beer, strong beer, ale, stout or porter. (i) Package. Any container or receptacle used for holding liquor. (j) Pawnee Business Council. The governing body of the Pawnee Nation, as constituted by the Constitution of the Pawnee Nation of Oklahoma. (k) Pawnee Nation of Oklahoma Indian Country. For the purposes of this Act, Pawnee Nation of Oklahoma Indian Country shall mean Indian Country as VerDate Aug<31>2005 15:29 Aug 30, 2006 Jkt 208001 defined by 18 U.S.C. 1151 as that term has been defined by courts of competent jurisdiction. (l) Public Place. Federal, State, county, or tribal highways and roads; buildings and grounds used for school purposes; public dance halls and grounds adjacent thereto; soft drink establishments, public buildings, public meeting halls, lobbies, halls and dining room of hotels, restaurants, theaters, gaming facilities, entertainment centers, stores, garages, and filling stations which are open to and/or generally used by the public and to which the public is permitted to have generally unrestricted access; public conveyances of all kinds and character; and all other places of like or similar nature to which the general public has unrestricted right of access, and which are generally used by the public. (m) Sale and Sell. The exchange, barter and traffic, including the selling or supplying or distributing, by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatsoever commonly used to describe malt or brewed liquor or of wine by any person to any person. (n) Spirits. Any beverage which contains alcohol obtained by distillation, including wines exceeding seventeen percent of alcohol by weight. (o) Tribal Court. Refers to the Pawnee Nation of Oklahoma Tribal Court or the court of Indian Offenses. (p) Wine. Any alcoholic beverage obtained by fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than seventeen percent of alcohol by weight, including sweet wines fortified with wine spirits, such as port, sherry, muscatel and angelia, not exceeding seventeen percent of alcohol by weight. Article III. Pawnee Nation of Oklahoma Liquor Control Commission (1) There is hereby established a Pawnee Nation of Oklahoma Liquor Control Commission, composed of a three-person committee. (2) The Liquor Control Commission shall be appointed by the Pawnee Business Council. (3) The Liquor Control Commission shall meet on call, but not less than once each calendar quarter, provided ten (10) days public notice of its meetings is given. (4) The Liquor Control Commission shall receive a stipend in lieu of PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 51845 expenses in an amount set by resolution of the Pawnee Business Council. (5) Two members of the Liquor Control Commission shall constitute the quorum required to conduct any business. Article IV. Powers and Duties of the Liquor Control Commission (1) Powers and Duties. In furtherance of this Act, the Liquor Control Commission shall have the following powers and duties: (a) Publish and enforce rules and regulations adopted by the Pawnee Business Council governing the sale, manufacture, distribution, and possession of alcoholic beverages within Pawnee Nation of Oklahoma Indian Country. (b) Employ managers, accountants, security personnel, inspectors and such other persons as shall be reasonably necessary to allow the Liquor Control Commission to perform its function. (c) Issue licenses permitting the sale or manufacture or distribution of liquor within Pawnee Nation of Oklahoma Indian Country. (d) Hold hearings on violations of this Act or for the issuance of revocation of licenses hereunder. (e) Bring suit in the Pawnee Nation of Oklahoma Tribal Court or other appropriate court to enforce this Act as necessary. (f) Determine and seek damages for violation of this Act. (g) Make such reports as may be required by the Pawnee Business Council. (h) Collect taxes and fees levied or set by the Pawnee Business Council and keep accurate records, books and accounts. (i) Adopt procedures which supplement these regulations and facilitate their enforcement. Such procedures shall include limitations on sales to minors, places where liquor may be consumed, identity of persons not permitted to purchase alcoholic beverages, hours and days when outlets may be open for business, and other appropriate matters and controls. (2) Limitation on Powers. In the exercise of its powers and duties under this Act, the Liquor Control Commission and its individual members shall not: (a) Accept any gratuity, compensation or other thing of value from any liquor wholesaler, retailer or distributor or from any licensee. (b) Waive the immunity of the Pawnee Nation of Oklahoma from suit without the express written consent and resolution of the Pawnee Business Council. (3) Inspection Rights. The premises on which liquor is sold or distributed shall E:\FR\FM\31AUN1.SGM 31AUN1 51846 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices be open for inspection by the Liquor Control Commission and/or its staff at all reasonable times for the purposes of ascertaining whether the rules and regulations of the Pawnee Business Council and this Act are being complied with. erjones on PROD1PC72 with NOTICES Article V. Sales of Liquor (1) License Required. A person or entity licensed by the Pawnee Nation of Oklahoma may make retail sales of liquor in their facility and the patrons of the facility may consume said liquor within the facility. The introduction and possession of liquor consistent with this Article shall also be allowed. All other purchases and sales of liquor within Pawnee Nation of Oklahoma Indian Country shall be prohibited. Sales of liquor and alcoholic beverages within Pawnee Nation of Oklahoma Indian Country may only be made at businesses that hold a Pawnee Nation of Oklahoma Liquor License. (2) Sales for Cash. All liquor sales within Pawnee Nation of Oklahoma Indian Country shall be on a cash only basis and no credit shall be extended to any person, organization, or entity, except that this provision does not prevent the payment for purchases with use of credit cards such as Visa, Master Card, American Express, etc. (3) Sale for Personal Consumption. All sales shall be for the personal use and consumption of the purchaser. Resale of any alcoholic beverages with Pawnee Nation of Oklahoma Indian Country is prohibited. Any person who is not licensed pursuant to this Act who purchases an alcoholic beverage within Pawnee Nation of Oklahoma Indian Country and sells it, whether in the original container or not, shall be guilty of a violation of this Act and shall be subjected to paying damages to the Pawnee Nation of Oklahoma as set forth herein. Article VI. Licensing and Application (1) Procedure. In order to control the proliferation of establishments within Pawnee Nation of Oklahoma Indian Country that sell or serve liquor by the bottle or by the drink, all persons or entities that desire to sell liquor within Pawnee Nation of Oklahoma Indian Country must apply to the Liquor Control Commission for a license to sell or serve liquor. (2) Application. Any enrolled member of the Pawnee Tribe twenty-one (21) years of age and older, or an enrolled member of a federally-recognized tribe twenty-one (21) years of age and older, or other person twenty-one years of age and older, may apply to the Liquor Control Commission for a license to sell VerDate Aug<31>2005 15:29 Aug 30, 2006 Jkt 208001 or serve liquor. Any person or entity applying for a license to sell or serve liquor within Pawnee Nation of Oklahoma Indian Country must fill in the application provided for this purpose by the Pawnee Nation of Oklahoma and pay such application fee as may be set from time to time by the Pawnee Business Council. Said application must be filled out completely in order to be considered. A separate application and license will be required for each location where the applicant intends to serve liquor. (3) Licensing Requirements. The person applying for such license must make a showing once a year, and must satisfy the Liquor Control Commission that he/she is a person of good moral character, that he/she has never been convicted of violating any of the laws prohibiting the traffic in any spirituous, vinous, fermented or malt liquors; that he or she has never been convicted of violating any of the gambling laws of this State, or any other state, or of this or any other Indian Tribe; that he or she has not had preceding the date of his application for a license, a felony conviction of any of the Laws commonly called ‘‘prohibition laws;’’ and that he or she has not had any permit or license to sell any intoxicating liquors revoked in any county of this State, or any other State, or of any Indian Tribe. (4) Processing of Application. The Liquor Control Commission shall receive and process applications and related matters. All actions by the Liquor Control Commission shall be by majority vote. A quorum of the Liquor Control Commission is that number of members set forth in Article III, paragraph (6) of this Act. The Liquor Control Commission may, by resolution, authorize a staff representative to issue licenses for the sale of liquor and beer products. (5) Issuance of License. The Liquor Control Commission may issue a license if it believes that such issuance is in the best interests of the Pawnee Nation. The purpose of this Act is to permit liquor sales and consumption at facilities located on designated Pawnee Nation of Oklahoma Indian Country lands. Issuance of a license for any other purposes will not be considered to be in the best interests of the Pawnee Nation. (6) Period of License. Each license shall be issued for a period not to exceed one (1) year from the date of issuance. (7) Renewal of License. A licensee may renew its license if the licensee has complied in full with this Act; provided however, that the Liquor Control Commission may refuse to renew a PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 license if it finds that doing so would not be in the best interests of health and safety of the Pawnee Nation. (8) Revocation of License. The Liquor Control Commission may suspend or revoke a license due to one or more violations of this Act upon notice and hearing at which the licensee is given an opportunity to respond to any charges against it and to demonstrate why the license should not be suspended or revoked. (9) Hearings. Within fifteen (15) days after a licensee is mailed written notice of a proposed suspension or revocation of the license, of the imposition of fines or of other adverse action proposed by the Liquor Control Commission under this Act, the licensee may deliver to the Liquor Control Commission a written request for a hearing on whether the proposed action should be taken. A hearing on the issues shall be held before a person or persons appointed by the Liquor Control Commission and a written decision will be issued. Such decisions will be considered final unless an appeal is filed with the Tribal Court within fifteen (15) calendar days of the date of mailing the decision to the licensee. The Tribal Court will then conduct a hearing and will issue an order, which is final with no further right of appeal. All proceedings conducted under all sections of this Act shall be in accord with due process of law. (10) Non-transferability of Licenses. Licenses issued by the Liquor Control Commission shall not be transferable and may only be utilized by the person or entity in whose name it is issued. Article VII. Taxes (1) Sales Tax. The Liquor Control Commission shall have the authority, as may subsequently be specified under tribal law, to collect tax levied or set by the Pawnee Business Council on each retail sale of alcoholic beverages within Pawnee Nation of Oklahoma Indian Country based upon a percent of the retail sale price. All taxes from the sale of alcoholic beverages within Pawnee Nation of Oklahoma Indian Country shall be deposited in the General Treasury of the Pawnee Nation of Oklahoma. (2) Taxes Due. All taxes for the sale of liquor and alcoholic beverages within Pawnee Nation of Oklahoma Indian Country are due on or before the 15th day of the month following the end of the calendar quarter for which the taxes are due. (3) Delinquent Taxes. Past due taxes shall accrue interest at 2% per month. (4) Reports. Along with payment of the taxes imposed herein, the taxpayers E:\FR\FM\31AUN1.SGM 31AUN1 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices erjones on PROD1PC72 with NOTICES shall submit, in the form specified by the Liquor Control Commission, a quarterly accounting of all income from the sale or distribution of liquor, as well as for the taxes collected. (5) Audit. As a condition of obtaining a license, an applicant must agree to the review or audit of its books and records relating to the sale of liquor and alcoholic beverages within Pawnee Nation of Oklahoma Indian Country. Said review or audit may be done periodically or when deemed necessary by the Tribe, to verify the accuracy of reports. Article VIII. Rules, Regulations and Enforcement (1) In any proceeding under this Act, conviction of one unlawful sale or distribution of liquor shall establish prima facie intent of unlawfully keeping liquor for sale, selling liquor or distributing liquor in violation of this Act. (2) Any person who shall in any manner sell or offer for sale or distribution or transport liquor in violation of this Act shall be subject to civil damages assessed by the Liquor Control Commission. (3) Any person within the boundaries of Pawnee Nation Indian Country who buys liquor from any person other than a properly licensed facility shall be guilty of a violation of this Act. (4) Any person who keeps or possesses liquor upon his person or in any place or on premises conducted or maintained by his principal or agent with the intent to sell or distribute it contrary to the provisions of this Article, shall be guilty of a violation of this Act. (5) Any person who knowingly sells liquor to a person under the influence of liquor shall be guilty of a violation of this Act. (6) Any person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who shall knowingly permit any person to drink liquor in any public conveyance shall be guilty of an offense. Any person who shall drink liquor in a public conveyance shall be guilty of a violation of this Act. (7) No person under the age of twentyone (21) years shall consume, acquire or have in his possession any liquor or alcoholic beverage. No person shall permit any other person under the age of twenty-one (21) years to consume liquor on his premises or any premises under his control. Any person violating this prohibition shall be guilty of a separate violation of this Act for each and every drink so consumed. VerDate Aug<31>2005 15:29 Aug 30, 2006 Jkt 208001 51847 (8) Any person who shall sell or provide any liquor to any person under the age of twenty-one (21) years shall be guilty of a violation of this Act for each sale or drink provided. (9) Any person who transfers in any manner an identification of age to a person under the age of twenty-one (21) years for the purpose of permitting such person to obtain liquor shall be guilty of an offense; provided, that corroborative testimony of a witness other than the underage person shall be a requirement of finding a violation of this Act. (10) Any person who attempts to purchase an alcoholic beverage through the use of false or altered identification that falsely purports to show the individual to be over the age of twentyone (21) years shall be guilty of violating this Act. (11) Any person guilty of violation of this Act shall be liable to pay the Pawnee Nation of Oklahoma the amount of $1,000 per violation as civil damages to defray the Pawnee Nation of Oklahoma’s cost of enforcement of this Act. (12) When requested by the provider of liquor, any person shall be required to present official documentation of the bearer’s age, signature and photograph. Official documentation includes one of the following: (a) Driver’s license or identification card issued by any state department of motor vehicles; (b) United States Active Duty Military identification card; or (c) Passport. (13) The consumption or possession of liquor on premises where such consumption or possession is contrary to the terms of this Act will result in a declaration that such liquor is contraband. Any tribal agent, employee or officer who is authorized by the Liquor Control Commission to enforce this Act shall seize all contraband and preserve it in accordance with provisions established for the preservation of impounded property. Upon being found in violation of the Act, the party owning or in control of the premises where contraband is found shall forfeit all right, title and interest in the items seized which shall become the property of the Pawnee Nation of Oklahoma. distribution and sale of liquor, and all property kept in and used in maintaining such place, is hereby declared a nuisance. (2) The Chairman of the Liquor Control Commission or, if the Chairman fails or refuses to do so, by a majority vote, the Liquor Control Commission shall institute and maintain an action in the Tribal Court in the name of the Pawnee Nation of Oklahoma to abate and perpetually enjoin any nuisance declared under this Article. In addition to the other remedies at tribal law, the Tribal Court may also order the room, house, building, vehicle, structure, or place closed for a period of one (1) year or until the owner, lessee, tenant, or occupant thereof shall give bond or sufficient sum from $1,000 to $15,000, depending upon the severity of past offenses, the risk of offenses in the future, and any other appropriate criteria, payable to the Pawnee Nation of Oklahoma and conditioned that liquor will not be thereafter manufactured, kept, sold, bartered, exchanged, given away, furnished, or otherwise disposed of in violation of the provisions of this Act or of any other applicable tribal laws. If any conditions of the bond be violated, the bond may be applied to satisfy any amounts due to the Pawnee Nation of Oklahoma under this Act. (3) In all cases where any person has been found in violation of this Act relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, an action may be brought to abate as a nuisance any real estate or other property involved in the violation of the Act and violation of this Act shall be prima facie evidence that the room, house, vehicle, building, structure, or place against which such action is brought is a public nuisance. Article IX. Abatement (1) Any room, house, building, vehicle, structure, or other place where liquor is sold, manufactured, bartered, exchanged, given away, furnished, or otherwise disposed of in violation of the provisions of this Act or of any other tribal law relating to the manufacture, importation, transportation, possession, (1) If any provision under this Act is determined by court review to be invalid, such determination shall not be held to render ineffectual the remaining portions of this Act or to render such provisions inapplicable to other persons or circumstances. (2) This Act shall be effective on certification by the Secretary of the PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 Article X. Revenue Revenue provided for under this Act, from whatever source, shall be expended for administrative costs incurred in the enforcement of this Act. Excess funds shall be subject to appropriation by the Business Council for essential and social services. Article XI. Severability and Effective Date E:\FR\FM\31AUN1.SGM 31AUN1 51848 Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / Notices Interior and its publication in the Federal Register. (3) Any and all previous liquor control enactments of the Pawnee Business Council which are inconsistent with this Act are hereby rescinded. Article XII. Amendment and Construction (1) This Act may only be amended by vote of the Pawnee Business Council. (2) Nothing in this Act shall be construed to diminish or impair in any way the rights or sovereign powers of the Pawnee Nation or its Tribal government other than the due process provision at Article VI (8), which provides that licensees have been revoked or suspended may seek review of that decision in Tribal Court. [FR Doc. 06–7286 Filed 8–30–06; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR 2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal. Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4, subpart E, shall be deemed to have waived their rights. ADDRESSES: A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513–7599. FOR FURTHER INFORMATION CONTACT: The Bureau of Land Management by phone at 907–271–5960, or by e-mail at ak.blm.conveyance@ak.blm.gov. Persons who use a telecommunication device (TTD) may call the Federal Information Relay Service (FIRS) at 1–800–877– 8330, 24 hours a day, seven days a week, to contact the Bureau of Land Management. Barbara Opp Waldal, Land Law Examiner, Branch of Adjudication II. [FR Doc. 06–7274 Filed 8–30–06; 8:45 am] Bureau of Land Management [AK–964–1410–HY–P; F–14863–B] BILLING CODE 4310–$$–P Alaska Native Claims Selection Bureau of Land Management, Interior. ACTION: Notice of decision approving lands for conveyance. AGENCY: DEPARTMENT OF THE INTERIOR Bureau of Land Management [CACA–47658, CA–670–5101–ER–B204] As required by 43 CFR 2650.7(d), notice is hereby given that an appealable decision approving lands for conveyance pursuant to the Alaska Native Claims Settlement Act will be issued to Hee-yea-lingde Corporation. The lands are located in the vicinity of Grayling, Alaska, within the following townships: SUMMARY: erjones on PROD1PC72 with NOTICES T. 29 S., R. 6 W., Kateel River Meridian, Alaska Secs. 1, 3, and 4. Containing approximately 1,159 acres. T. 34 N., R. 55 W., Seward Meridian (SM), Alaska Secs. 32 through 35. Containing approximately 2,325 acres. T. 31 N., R. 56 W., SM Secs. 5 through 8. Containing approximately 2,410 acres. Aggregating approximately 5,895 acres. The subsurface estate in these lands will be conveyed to Doyon, Limited, when the surface estate is conveyed to Heeyea-lingde Corporation. Notice of the decision will also be published four times in the Tundra Drums. DATES: The time limits for filing an appeal are: 1. Any party claiming a property interest which is adversely affected by the decision shall have until October 2, 2006 to file an appeal. VerDate Aug<31>2005 15:29 Aug 30, 2006 Jkt 208001 Notice of Intent To Prepare a Joint Environmental Impact Statement/ Report and Proposed Land Use Plan Amendment for the Proposed Sunrise Powerlink Project, San Diego and Imperial Counties, CA Bureau of Land Management, Interior. ACTION: Notice of intent. AGENCY: SUMMARY: Pursuant to section 102(2)(C) of the National Environmental Policy Act of 1969 (NEPA), as amended, notice is hereby given that the Bureau of Land Management (BLM), together with the California Public Utilities Commission (CPUC), intend to prepare a joint Environmental Impact Statement and Environmental Impact Report (EIS/EIR), and a proposed land use plan amendment to the 1980 California Desert Conservation Area Plan, (CDCA Plan), as amended for the Sunrise Powerlink Project (Project) proposed by San Diego Gas & Electric Company (SDG&E). The project would consist of the construction and operation of one new 500 kilovolt (kV) and three new 230 kV transmission lines in Imperial and San Diego Counties. BLM is the lead Federal agency for the preparation of this EIS in compliance with the PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 requirements of NEPA. CPUC is the lead State of California agency for the preparation of this EIR in compliance with the requirements of the California Environmental Quality Act (CEQA). DATES: This notice initiates the public participation and scoping processes for the EIS/EIR. A public scoping period of at least 30 days will commence on the date this notice is published in the Federal Register. To provide the public an opportunity to review the proposal and project information, BLM and CPUC expects to hold at least three public meetings, held at locations in Imperial and San Diego Counties. All public meetings will be announced through the local news media, mailings, and the BLM Web site (http://www.ca.blm.gov) at least 15 days prior to the event. Comments on issues, potential impacts, or suggestions for additional alternatives can be submitted in writing to the address listed below. In order to be included in the Draft EIS/EIR all comments must be received within 30 days of this publication or 15 days after the last public meeting is held, whichever is the later. ADDRESSES: Comments and other correspondence should be sent to the BLM El Centro Field Office, attention Field Manager, 1661 S. 4th Street, El Centro, CA 92243; or by fax: (760) 337– 4490. Documents pertinent to this proposal, including comments with the names and addresses of respondents, will be available for public review at the BLM El Centro Field Office, during regular business hours of 8 a.m. to 4:30 p.m., Monday through Friday, except holidays, and may be published as part of the Draft EIS/EIR. Individual respondents may request confidentiality. If you wish to withhold your name or street address from public review or from disclosure under the Freedom of Information Act, you must state this prominently at the beginning of your written comment. Such requests will be honored to the extent allowed by law. BLM will not consider anonymous comments. All submissions from organizations and businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be available for public inspection in their entirety. FOR FURTHER INFORMATION CONTACT: For further information and/or to have your name added to our mailing list, contact Lynda Kastoll, Realty Specialist, at the BLM El Centro Field Office, same address as listed above; Phone: (760) 337–4421; e-mail: lkastoll@ca.blm.gov. SUPPLEMENTARY INFORMATION: SDG&E is proposing a new 500 kV transmission E:\FR\FM\31AUN1.SGM 31AUN1

Agencies

[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Notices]
[Pages 51844-51848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-7286]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Liquor Control Ordinance of the Pawnee Nation of Oklahoma

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of the 
Pawnee Nation of Oklahoma (Tribe). The Ordinance regulates and controls 
the possession, sale and consumption of liquor within the Pawnee Nation 
of Oklahoma including all land within the definition of ``Indian 
country'' as established and described by Federal law under the 
jurisdiction of the Tribe. This Ordinance allows for possession and 
sale of alcoholic beverages within the Pawnee Nation, and increases the 
ability of the tribal government to control the Tribe's liquor 
distribution and possession. At the same time it will provide an 
important source of revenue for the continued operation and 
strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This Ordinance is effective on August 31, 2006.

FOR FURTHER INFORMATION CONTACT: Terry Bruner, Deputy Regional 
Director, Southern Plains Regional Office, Bureau of Indian Affairs, 
WCD Office Complex, P.O. Box 368, Anadarko, OK 73005; Telephone (405) 
247-1668; Fax: (405) 247-5611 or 247-9240; or Ralph Gonzales, Office of 
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 
20240; Telephone: (202) 513-7629.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Pawnee Business Committee of the 
Pawnee Nation of Oklahoma (Business Committee) adopted its Liquor 
Ordinance by Resolution No. 02-01 on January 11, 2002. This is the 
first Liquor Ordinance passed by the Tribe. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within tribal lands of the Tribe.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs. I certify that this Liquor Ordinance of the 
Pawnee Nation of Oklahoma was duly adopted by the Business Committee on 
January 11, 2002.

    Dated: August 23, 2006.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.

    The Pawnee Nation of Oklahoma Liquor Ordinance reads as follows:

Pawnee Nation of Oklahoma Liquor Control Providing for the Regulation 
of Beer and Alcohol in the Indian Country of the Pawnee Nation of 
Oklahoma

Article I. Declaration of Public Policy and Purpose

    Pursuant to Article IV, Section 1 of the Constitution of the Pawnee 
Nation of Oklahoma, the Pawnee Business Council is the supreme 
governing body of the Pawnee Nation of Oklahoma.
    Pursuant to Article IV, Section 2 of the Constitution of the Pawnee 
Nation of Oklahoma, the Pawnee Business Council shall exercise all the 
inherent, statutory, and treaty powers of the Pawnee Nation of Oklahoma 
by the enactment of legislation, the transaction of business, and by 
otherwise speaking or acting on behalf of the Pawnee Nation of Oklahoma 
on all matters which the Pawnee Nation of Oklahoma is empowered to act.
    This document shall be known as the Pawnee Nation of Oklahoma 
Liquor Control Act. These laws are enacted to regulate the sale and 
distribution of liquor and beer products on All Properties under the 
jurisdiction of the Pawnee Nation of Oklahoma, and to generate revenue 
to fund needed tribal programs and services.
    Revenue received by the Tribe under this Act, from whatever source, 
shall be expended for administrative costs incurred in the enforcement 
of this Act. Excess funds shall be subject to appropriation by the 
Pawnee Business Council for essential governmental and social services, 
including the use of revenues to combat alcohol abuse and its 
debilitating effects among individuals and family members of the Pawnee 
Nation of Oklahoma.
    The Pawnee Business Council finds that tribal control and 
regulation of liquor is necessary to protect the health and welfare of 
tribal members, to address specific concerns relating to alcohol use in 
Pawnee Nation of Oklahoma Indian Country, and to achieve maximum 
economic benefit to the Tribe.
    The introduction, possession and sale of liquor in Pawnee Nation of 
Oklahoma Indian Country is a matter of special concern to the Pawnee 
Business Council.
    The Pawnee Business Council finds that a complete ban on liquor 
within Pawnee Nation of Oklahoma Indian Country is ineffective and 
unrealistic. However, it recognizes the need for strict regulation and 
control over liquor transactions within Pawnee Nation of Oklahoma 
Indian Country because of the many potential problems associated with 
the unregulated or inadequately regulated sale, possession, 
distribution and consumption of liquor.
    Federal law forbids the introduction, possession, and sale of 
liquor in Indian Country except when the same is in conformity both 
with the laws of the State and the Pawnee Nation of Oklahoma, 18 U.S.C. 
1161. As such, compliance with this Act shall be in addition to, and 
not substitute for, compliance with the laws of the State of Oklahoma.
    It is in the best interests of the Pawnee Nation of Oklahoma to 
enact a tribal Act governing liquor sales in Pawnee Nation of Oklahoma 
Indian Country and which provides for exclusive purchase, distribution, 
and sale of liquor only on tribal lands within the exterior boundaries 
of Pawnee Nation of Oklahoma Indian Country. Further, the Tribe has 
determined that said

[[Page 51845]]

purchase, distribution and sale shall take place on designated Pawnee 
tribal land only.

Article II. Definitions

    As used in this title, the following words shall have the following 
meanings unless the context clearly require otherwise:
    (a) Alcohol. That substance known as ethyl alcohol, hydrated oxide 
of ethyl, alcohol, hydrated oxide of ethyl, ethanol, or spirits of 
wine, from whatever source or by whatever process produced.
    (b) Alcoholic Beverage. This term is synonymous with the term 
liquor as defined in paragraph (1)(g) of this Article.
    (c) Bar. Any establishment with special space and accommodations 
for the sale of liquor by the glass and for consumption on the premises 
as herein defined.
    (d) Beer. Any beverage obtained by the alcoholic fermentation of an 
infusion or decoction of pure hops, or pure extract of hops and pure 
barley malt or other wholesome grain or cereal in pure water and 
containing the percent of alcohol by volume subject to regulation as an 
intoxicating beverage in the state where the beverage is located.
    (e) Liquor. All fermented, spirituous, vinous, or malt liquor or 
combinations thereof, and mixed liquor, a part of which is fermented, 
and every liquid or solid or semisolid or other substance, patented or 
not, containing distilled or rectified spirits, potable alcohol, beer, 
wine, brandy, whiskey, rum, gin, aromatic bitters, and all drinks or 
drinkable liquids and all preparations or mixtures capable of human 
consumption and any liquid, semisolid, solid, or other substances, 
which contain more than one-half of one percent of alcohol.
    (f) Liquor Control Commission. The Pawnee Nation Liquor Control 
Commission as established by Article III of this Act.
    (g) Liquor Store. Any store at which liquor is sold and, for the 
purpose of this Act, includes stores where only a portion of which are 
devoted to sale of liquor or beer.
    (h) Malt Liquor. Beer, strong beer, ale, stout or porter.
    (i) Package. Any container or receptacle used for holding liquor.
    (j) Pawnee Business Council. The governing body of the Pawnee 
Nation, as constituted by the Constitution of the Pawnee Nation of 
Oklahoma.
    (k) Pawnee Nation of Oklahoma Indian Country. For the purposes of 
this Act, Pawnee Nation of Oklahoma Indian Country shall mean Indian 
Country as defined by 18 U.S.C. 1151 as that term has been defined by 
courts of competent jurisdiction.
    (l) Public Place. Federal, State, county, or tribal highways and 
roads; buildings and grounds used for school purposes; public dance 
halls and grounds adjacent thereto; soft drink establishments, public 
buildings, public meeting halls, lobbies, halls and dining room of 
hotels, restaurants, theaters, gaming facilities, entertainment 
centers, stores, garages, and filling stations which are open to and/or 
generally used by the public and to which the public is permitted to 
have generally unrestricted access; public conveyances of all kinds and 
character; and all other places of like or similar nature to which the 
general public has unrestricted right of access, and which are 
generally used by the public.
    (m) Sale and Sell. The exchange, barter and traffic, including the 
selling or supplying or distributing, by any means whatsoever, of 
liquor, or of any liquid known or described as beer or by any name 
whatsoever commonly used to describe malt or brewed liquor or of wine 
by any person to any person.
    (n) Spirits. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent of alcohol by 
weight.
    (o) Tribal Court. Refers to the Pawnee Nation of Oklahoma Tribal 
Court or the court of Indian Offenses.
    (p) Wine. Any alcoholic beverage obtained by fermentation of the 
natural contents of fruits, vegetables, honey, milk or other products 
containing sugar, whether or not other ingredients are added, to which 
any saccharine substances may have been added before, during or after 
fermentation, and containing not more than seventeen percent of alcohol 
by weight, including sweet wines fortified with wine spirits, such as 
port, sherry, muscatel and angelia, not exceeding seventeen percent of 
alcohol by weight.

Article III. Pawnee Nation of Oklahoma Liquor Control Commission

    (1) There is hereby established a Pawnee Nation of Oklahoma Liquor 
Control Commission, composed of a three-person committee.
    (2) The Liquor Control Commission shall be appointed by the Pawnee 
Business Council.
    (3) The Liquor Control Commission shall meet on call, but not less 
than once each calendar quarter, provided ten (10) days public notice 
of its meetings is given.
    (4) The Liquor Control Commission shall receive a stipend in lieu 
of expenses in an amount set by resolution of the Pawnee Business 
Council.
    (5) Two members of the Liquor Control Commission shall constitute 
the quorum required to conduct any business.

Article IV. Powers and Duties of the Liquor Control Commission

    (1) Powers and Duties. In furtherance of this Act, the Liquor 
Control Commission shall have the following powers and duties:
    (a) Publish and enforce rules and regulations adopted by the Pawnee 
Business Council governing the sale, manufacture, distribution, and 
possession of alcoholic beverages within Pawnee Nation of Oklahoma 
Indian Country.
    (b) Employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
Liquor Control Commission to perform its function.
    (c) Issue licenses permitting the sale or manufacture or 
distribution of liquor within Pawnee Nation of Oklahoma Indian Country.
    (d) Hold hearings on violations of this Act or for the issuance of 
revocation of licenses hereunder.
    (e) Bring suit in the Pawnee Nation of Oklahoma Tribal Court or 
other appropriate court to enforce this Act as necessary.
    (f) Determine and seek damages for violation of this Act.
    (g) Make such reports as may be required by the Pawnee Business 
Council.
    (h) Collect taxes and fees levied or set by the Pawnee Business 
Council and keep accurate records, books and accounts.
    (i) Adopt procedures which supplement these regulations and 
facilitate their enforcement. Such procedures shall include limitations 
on sales to minors, places where liquor may be consumed, identity of 
persons not permitted to purchase alcoholic beverages, hours and days 
when outlets may be open for business, and other appropriate matters 
and controls.
    (2) Limitation on Powers. In the exercise of its powers and duties 
under this Act, the Liquor Control Commission and its individual 
members shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer or distributor or from any licensee.
    (b) Waive the immunity of the Pawnee Nation of Oklahoma from suit 
without the express written consent and resolution of the Pawnee 
Business Council.
    (3) Inspection Rights. The premises on which liquor is sold or 
distributed shall

[[Page 51846]]

be open for inspection by the Liquor Control Commission and/or its 
staff at all reasonable times for the purposes of ascertaining whether 
the rules and regulations of the Pawnee Business Council and this Act 
are being complied with.

Article V. Sales of Liquor

    (1) License Required. A person or entity licensed by the Pawnee 
Nation of Oklahoma may make retail sales of liquor in their facility 
and the patrons of the facility may consume said liquor within the 
facility. The introduction and possession of liquor consistent with 
this Article shall also be allowed. All other purchases and sales of 
liquor within Pawnee Nation of Oklahoma Indian Country shall be 
prohibited. Sales of liquor and alcoholic beverages within Pawnee 
Nation of Oklahoma Indian Country may only be made at businesses that 
hold a Pawnee Nation of Oklahoma Liquor License.
    (2) Sales for Cash. All liquor sales within Pawnee Nation of 
Oklahoma Indian Country shall be on a cash only basis and no credit 
shall be extended to any person, organization, or entity, except that 
this provision does not prevent the payment for purchases with use of 
credit cards such as Visa, Master Card, American Express, etc.
    (3) Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any alcoholic 
beverages with Pawnee Nation of Oklahoma Indian Country is prohibited. 
Any person who is not licensed pursuant to this Act who purchases an 
alcoholic beverage within Pawnee Nation of Oklahoma Indian Country and 
sells it, whether in the original container or not, shall be guilty of 
a violation of this Act and shall be subjected to paying damages to the 
Pawnee Nation of Oklahoma as set forth herein.

Article VI. Licensing and Application

    (1) Procedure. In order to control the proliferation of 
establishments within Pawnee Nation of Oklahoma Indian Country that 
sell or serve liquor by the bottle or by the drink, all persons or 
entities that desire to sell liquor within Pawnee Nation of Oklahoma 
Indian Country must apply to the Liquor Control Commission for a 
license to sell or serve liquor.
    (2) Application. Any enrolled member of the Pawnee Tribe twenty-one 
(21) years of age and older, or an enrolled member of a federally-
recognized tribe twenty-one (21) years of age and older, or other 
person twenty-one years of age and older, may apply to the Liquor 
Control Commission for a license to sell or serve liquor. Any person or 
entity applying for a license to sell or serve liquor within Pawnee 
Nation of Oklahoma Indian Country must fill in the application provided 
for this purpose by the Pawnee Nation of Oklahoma and pay such 
application fee as may be set from time to time by the Pawnee Business 
Council. Said application must be filled out completely in order to be 
considered. A separate application and license will be required for 
each location where the applicant intends to serve liquor.
    (3) Licensing Requirements. The person applying for such license 
must make a showing once a year, and must satisfy the Liquor Control 
Commission that he/she is a person of good moral character, that he/she 
has never been convicted of violating any of the laws prohibiting the 
traffic in any spirituous, vinous, fermented or malt liquors; that he 
or she has never been convicted of violating any of the gambling laws 
of this State, or any other state, or of this or any other Indian 
Tribe; that he or she has not had preceding the date of his application 
for a license, a felony conviction of any of the Laws commonly called 
``prohibition laws;'' and that he or she has not had any permit or 
license to sell any intoxicating liquors revoked in any county of this 
State, or any other State, or of any Indian Tribe.
    (4) Processing of Application. The Liquor Control Commission shall 
receive and process applications and related matters. All actions by 
the Liquor Control Commission shall be by majority vote. A quorum of 
the Liquor Control Commission is that number of members set forth in 
Article III, paragraph (6) of this Act. The Liquor Control Commission 
may, by resolution, authorize a staff representative to issue licenses 
for the sale of liquor and beer products.
    (5) Issuance of License. The Liquor Control Commission may issue a 
license if it believes that such issuance is in the best interests of 
the Pawnee Nation. The purpose of this Act is to permit liquor sales 
and consumption at facilities located on designated Pawnee Nation of 
Oklahoma Indian Country lands. Issuance of a license for any other 
purposes will not be considered to be in the best interests of the 
Pawnee Nation.
    (6) Period of License. Each license shall be issued for a period 
not to exceed one (1) year from the date of issuance.
    (7) Renewal of License. A licensee may renew its license if the 
licensee has complied in full with this Act; provided however, that the 
Liquor Control Commission may refuse to renew a license if it finds 
that doing so would not be in the best interests of health and safety 
of the Pawnee Nation.
    (8) Revocation of License. The Liquor Control Commission may 
suspend or revoke a license due to one or more violations of this Act 
upon notice and hearing at which the licensee is given an opportunity 
to respond to any charges against it and to demonstrate why the license 
should not be suspended or revoked.
    (9) Hearings. Within fifteen (15) days after a licensee is mailed 
written notice of a proposed suspension or revocation of the license, 
of the imposition of fines or of other adverse action proposed by the 
Liquor Control Commission under this Act, the licensee may deliver to 
the Liquor Control Commission a written request for a hearing on 
whether the proposed action should be taken. A hearing on the issues 
shall be held before a person or persons appointed by the Liquor 
Control Commission and a written decision will be issued. Such 
decisions will be considered final unless an appeal is filed with the 
Tribal Court within fifteen (15) calendar days of the date of mailing 
the decision to the licensee. The Tribal Court will then conduct a 
hearing and will issue an order, which is final with no further right 
of appeal. All proceedings conducted under all sections of this Act 
shall be in accord with due process of law.
    (10) Non-transferability of Licenses. Licenses issued by the Liquor 
Control Commission shall not be transferable and may only be utilized 
by the person or entity in whose name it is issued.

Article VII. Taxes

    (1) Sales Tax. The Liquor Control Commission shall have the 
authority, as may subsequently be specified under tribal law, to 
collect tax levied or set by the Pawnee Business Council on each retail 
sale of alcoholic beverages within Pawnee Nation of Oklahoma Indian 
Country based upon a percent of the retail sale price. All taxes from 
the sale of alcoholic beverages within Pawnee Nation of Oklahoma Indian 
Country shall be deposited in the General Treasury of the Pawnee Nation 
of Oklahoma.
    (2) Taxes Due. All taxes for the sale of liquor and alcoholic 
beverages within Pawnee Nation of Oklahoma Indian Country are due on or 
before the 15th day of the month following the end of the calendar 
quarter for which the taxes are due.
    (3) Delinquent Taxes. Past due taxes shall accrue interest at 2% 
per month.
    (4) Reports. Along with payment of the taxes imposed herein, the 
taxpayers

[[Page 51847]]

shall submit, in the form specified by the Liquor Control Commission, a 
quarterly accounting of all income from the sale or distribution of 
liquor, as well as for the taxes collected.
    (5) Audit. As a condition of obtaining a license, an applicant must 
agree to the review or audit of its books and records relating to the 
sale of liquor and alcoholic beverages within Pawnee Nation of Oklahoma 
Indian Country. Said review or audit may be done periodically or when 
deemed necessary by the Tribe, to verify the accuracy of reports.

Article VIII. Rules, Regulations and Enforcement

    (1) In any proceeding under this Act, conviction of one unlawful 
sale or distribution of liquor shall establish prima facie intent of 
unlawfully keeping liquor for sale, selling liquor or distributing 
liquor in violation of this Act.
    (2) Any person who shall in any manner sell or offer for sale or 
distribution or transport liquor in violation of this Act shall be 
subject to civil damages assessed by the Liquor Control Commission.
    (3) Any person within the boundaries of Pawnee Nation Indian 
Country who buys liquor from any person other than a properly licensed 
facility shall be guilty of a violation of this Act.
    (4) Any person who keeps or possesses liquor upon his person or in 
any place or on premises conducted or maintained by his principal or 
agent with the intent to sell or distribute it contrary to the 
provisions of this Article, shall be guilty of a violation of this Act.
    (5) Any person who knowingly sells liquor to a person under the 
influence of liquor shall be guilty of a violation of this Act.
    (6) Any person engaged wholly or in part in the business of 
carrying passengers for hire, and every agent, servant, or employee of 
such person, who shall knowingly permit any person to drink liquor in 
any public conveyance shall be guilty of an offense. Any person who 
shall drink liquor in a public conveyance shall be guilty of a 
violation of this Act.
    (7) No person under the age of twenty-one (21) years shall consume, 
acquire or have in his possession any liquor or alcoholic beverage. No 
person shall permit any other person under the age of twenty-one (21) 
years to consume liquor on his premises or any premises under his 
control. Any person violating this prohibition shall be guilty of a 
separate violation of this Act for each and every drink so consumed.
    (8) Any person who shall sell or provide any liquor to any person 
under the age of twenty-one (21) years shall be guilty of a violation 
of this Act for each sale or drink provided.
    (9) Any person who transfers in any manner an identification of age 
to a person under the age of twenty-one (21) years for the purpose of 
permitting such person to obtain liquor shall be guilty of an offense; 
provided, that corroborative testimony of a witness other than the 
underage person shall be a requirement of finding a violation of this 
Act.
    (10) Any person who attempts to purchase an alcoholic beverage 
through the use of false or altered identification that falsely 
purports to show the individual to be over the age of twenty-one (21) 
years shall be guilty of violating this Act.
    (11) Any person guilty of violation of this Act shall be liable to 
pay the Pawnee Nation of Oklahoma the amount of $1,000 per violation as 
civil damages to defray the Pawnee Nation of Oklahoma's cost of 
enforcement of this Act.
    (12) When requested by the provider of liquor, any person shall be 
required to present official documentation of the bearer's age, 
signature and photograph. Official documentation includes one of the 
following:
    (a) Driver's license or identification card issued by any state 
department of motor vehicles;
    (b) United States Active Duty Military identification card; or
    (c) Passport.
    (13) The consumption or possession of liquor on premises where such 
consumption or possession is contrary to the terms of this Act will 
result in a declaration that such liquor is contraband. Any tribal 
agent, employee or officer who is authorized by the Liquor Control 
Commission to enforce this Act shall seize all contraband and preserve 
it in accordance with provisions established for the preservation of 
impounded property. Upon being found in violation of the Act, the party 
owning or in control of the premises where contraband is found shall 
forfeit all right, title and interest in the items seized which shall 
become the property of the Pawnee Nation of Oklahoma.

Article IX. Abatement

    (1) Any room, house, building, vehicle, structure, or other place 
where liquor is sold, manufactured, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provisions of 
this Act or of any other tribal law relating to the manufacture, 
importation, transportation, possession, distribution and sale of 
liquor, and all property kept in and used in maintaining such place, is 
hereby declared a nuisance.
    (2) The Chairman of the Liquor Control Commission or, if the 
Chairman fails or refuses to do so, by a majority vote, the Liquor 
Control Commission shall institute and maintain an action in the Tribal 
Court in the name of the Pawnee Nation of Oklahoma to abate and 
perpetually enjoin any nuisance declared under this Article. In 
addition to the other remedies at tribal law, the Tribal Court may also 
order the room, house, building, vehicle, structure, or place closed 
for a period of one (1) year or until the owner, lessee, tenant, or 
occupant thereof shall give bond or sufficient sum from $1,000 to 
$15,000, depending upon the severity of past offenses, the risk of 
offenses in the future, and any other appropriate criteria, payable to 
the Pawnee Nation of Oklahoma and conditioned that liquor will not be 
thereafter manufactured, kept, sold, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provisions of 
this Act or of any other applicable tribal laws. If any conditions of 
the bond be violated, the bond may be applied to satisfy any amounts 
due to the Pawnee Nation of Oklahoma under this Act.
    (3) In all cases where any person has been found in violation of 
this Act relating to the manufacture, importation, transportation, 
possession, distribution, and sale of liquor, an action may be brought 
to abate as a nuisance any real estate or other property involved in 
the violation of the Act and violation of this Act shall be prima facie 
evidence that the room, house, vehicle, building, structure, or place 
against which such action is brought is a public nuisance.

Article X. Revenue

    Revenue provided for under this Act, from whatever source, shall be 
expended for administrative costs incurred in the enforcement of this 
Act. Excess funds shall be subject to appropriation by the Business 
Council for essential and social services.

Article XI. Severability and Effective Date

    (1) If any provision under this Act is determined by court review 
to be invalid, such determination shall not be held to render 
ineffectual the remaining portions of this Act or to render such 
provisions inapplicable to other persons or circumstances.
    (2) This Act shall be effective on certification by the Secretary 
of the

[[Page 51848]]

Interior and its publication in the Federal Register.
    (3) Any and all previous liquor control enactments of the Pawnee 
Business Council which are inconsistent with this Act are hereby 
rescinded.

Article XII. Amendment and Construction

    (1) This Act may only be amended by vote of the Pawnee Business 
Council.
    (2) Nothing in this Act shall be construed to diminish or impair in 
any way the rights or sovereign powers of the Pawnee Nation or its 
Tribal government other than the due process provision at Article VI 
(8), which provides that licensees have been revoked or suspended may 
seek review of that decision in Tribal Court.

[FR Doc. 06-7286 Filed 8-30-06; 8:45 am]
BILLING CODE 4310-4J-P