Kiowa Indian Tribe of Oklahoma Liquor Control Ordinance of 2006, 21039-21045 [E7-8092]
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Federal Register / Vol. 72, No. 81 / Friday April 27, 2007 / Notices
Frequency: Quarterly and Annually.
Estimated Number and Description of
Respondents: Approximately 2,000
producers of industrial minerals and
metals.
Annual burden hours: 612.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: We have not identified any
‘‘non-hour cost’’ burdens associated
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provides that an agency may not
conduct or sponsor, and you are not
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information unless it displays a
currently valid OMB control number.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.)
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Agencies must specifically solicit
comments to: (a) Evaluate whether the
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accuracy of the agency’s estimate of the
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information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
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To comply with the public
consultation process, on December 8,
2006, we published a Federal Register
notice (71 FR 71186) announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day public comment period.
We have received no comments in
response to the notice.
Bureau clearance officer: Alfred
Travnicek, 703–648–7231.
John H. DeYoung, Jr.,
Chief Scientist, Minerals Information Team.
[FR Doc. 07–2071 Filed 4–26–07; 8:45 am]
BILLING CODE 4311–AM–M
DEPARTMENT OF THE INTERIOR
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Geological Survey
Agency Information Collection
Activities: Submitted for Office of
Management and Budget (OMB)
Review; Comment Request
AGENCY:
U.S. Geological Survey (USGS),
Interior.
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15:18 Apr 26, 2007
Jkt 211001
Notice of an extension of an
information collection (1028–0059).
ACTION:
SUMMARY: To comply with the
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May 29, 2007.
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Regulatory Affairs, Attention: Desk
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Submit a copy of your comments to
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Information Collection Number 1028–
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• Mail or hand-carry comments to the
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Copies of the full Information Collection
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no cost at www.reginfo.gov or by
contacting the USGS clearance officer at
the phone number listed below.
SUPPLEMENTARY INFORMATION:
Title: Comprehensive Test Ban Treaty.
OMB Control Number: 1028–0059.
Form Number: 9–4040–A.
Abstract; The information, required
by the Comprehensive Test Ban Treaty
(CTBT), will provide the CTBT
Technical Secretariat with geographic
locations of sites where chemical
explosions greater than 300 tons TNTequivalent have occurred. Respondents
to the information collection request are
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of a ‘‘sensitive’’ nature are asked.
Frequency: Annual.
Estimated Number and Description of
Respondents: Approximately 3,000
companies that have conducted in the
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21039
last calendar year, or that will conduct
in the next calendar year, explosions
with a total charge size of 300 tons of
TNT-equivalent, or greater.
Annual Burden Hours: 750.
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: We have not identified any
‘‘non-hour cost’’ burdens associated
with this collection of information.
Public Disclosure Statement: The PRA
(44 U.S.C. 3501, et seq.) provides that an
agency may not conduct or sponsor, and
you are not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number.
Comments: Section 3506(c)(2)(A) of
the PRA (44 U.S.C. 3501, et seq.)
requires each agency ‘‘* * * to provide
notice * * * and otherwise consult
with members of the public and affected
agencies concerning each proposed
collection of information * * *’’
Agencies must specifically solicit
comments to: (a) Evaluate whether the
proposed collection of information is
necessary for the agency to perform its
duties, including whether the
information is useful; (b) evaluate the
accuracy of the agency’s estimate of the
burden of the proposed collection of
information; (c) enhance the quality,
usefulness, and clarity of the
information to be collected; and (d)
minimize the burden on the
respondents, including the use of
automated collection techniques or
other forms of information technology.
To comply with the public
consultation process, on August 29,
2006, we published a Federal Register
notice (71 FR 51209) announcing that
we would submit this ICR to OMB for
approval. The notice provided the
required 60-day public comment period.
We have received no comments in
response to the notice.
Bureau clearance officer: Alfred
Travnicek, 703–648–7231.
John H. DeYoung, Jr.,
Chief Scientist, Minerals Information Team.
[FR Doc. 07–2082 Filed 4–26–07; 8:45 am]
BILLING CODE 4311–AM–M
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kiowa Indian Tribe of Oklahoma Liquor
Control Ordinance of 2006
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Liquor Control Ordinance of the Kiowa
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Indian Tribe of Oklahoma (Tribe). The
Ordinance regulates and controls the
possession, sale, and consumption of
liquor within the tribal lands. The tribal
lands are located in Indian country and
this Ordinance allows for possession
and sale of alcoholic beverages within
their boundaries. This Ordinance will
increase the ability of the tribal
government to control the community’s
liquor distribution and possession, and
at the same time will provide an
important source of revenue for the
continued operation and strengthening
of the tribal government and the
delivery of tribal services.
This Ordinance is
effective on April 27, 2007.
EFFECTIVE DATE:
FOR FURTHER INFORMATION CONTACT:
Suzanne Chaney, Tribal Government
Services Officer, Southern Plains
Regional Office, WCD Office Complex,
PO Box 368, Anadarko, OK 73005,
Telephone: (405) 247–1537, Fax (405)
247–9240; or Elizabeth Colliflower,
Office of Indian Services, 1849 C Street,
NW., Mail Stop 4513–MIB, Washington,
DC 20240, Telephone: (202) 513–7627.
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 Kiowa Business Committee
(Committee) adopted its Liquor
Ordinance by Resolution No. CY–2007–
702 on January 6, 2007. This Liquor
Ordinance will be the first published in
the Federal Register for 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
Assistant Secretary—Indian Affairs. I
certify that this Liquor Control
Ordinance of the Kiowa Indian Tribe of
Oklahoma was duly adopted by the
Committee on January 6, 2007.
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SUPPLEMENTARY INFORMATION:
April 19, 2007.
Carl J. Artman,
Assistant Secretary—Indian Affairs.
The Kiowa Tribe of Oklahoma Liquor
Control Ordinance reads as follows:
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Kiowa Indian Tribe of Oklahoma
Liquor Control Ordinance of 2006
An Ordinance To Authorize and
Regulate the Introduction, Possession
and Sale of Liquor on Tribal Lands
Be it enacted by the Kiowa Indian
Council as follows:
Article 1
Title
This Ordinance shall be known as the
‘‘Kiowa Indian Tribe of Oklahoma
Liquor Control Ordinance of 2006.’’
Article 2
Authority
This Ordinance is enacted pursuant to
the Act of August 15, 1953 (Pub. L. 83–
277, 67 Stat. 586, 18 U.S.C. 1161), the
Constitution and Bylaws of the Kiowa
Indian Tribe of Oklahoma, and the
Tribe’s inherent sovereign authority.
Pursuant to Article V, Section 2(g) of the
Constitution and Bylaws of the Kiowa
Indian Tribe of Oklahoma, the Kiowa
Business Committee (‘‘Tribal Business
Committee’’) is empowered to act on a
variety of matters including taking
necessary action ‘‘to promulgate and
enforce ordinances and codes governing
law and order to protect the peace,
health, safety, and general welfare, on
land determined to be within tribal
jurisdiction subject to the approval of
the Assistant Secretary for Indian
Affairs or his authorized
representative.’’
Article 3
Purpose
The purpose of this Ordinance is to
authorize, regulate, and control the
introduction, possession, and sale of
Liquor on the Tribal Lands of the Kiowa
Indian Tribe of Oklahoma in accordance
with Federal law, Oklahoma State law,
and the laws of the Kiowa Indian Tribe
of Oklahoma. The enactment of this
Ordinance will enhance the ability of
the Tribal government to control all
Liquor related activities within the
jurisdiction of the Tribe. This Ordinance
is enacted in conjunction with the laws
of the State of Oklahoma applicable to
the sale and distribution of Liquor
pursuant to 18 U.S.C. 1161.
Article 4
Scope
In order to protect the health, safety,
and social welfare of the members of the
Kiowa Indian Tribe of Oklahoma and
the patrons of businesses located on
Tribal Lands, and be consistent with the
principles enunciated by the United
States Supreme Court in United States
v. Montana, 101 S. Ct. 1245 (1981), the
Tribe as an exercise of sovereign
authority and self-determination has
enacted this Ordinance to regulate the
introduction, possession, and sale of
Liquor on Tribal Lands.
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This Ordinance applies to all Tribal
Lands, as defined herein. This
Ordinance shall extend to all Persons, as
defined herein, receiving or requiring
Licenses hereunder, or doing business
on Tribal Lands, or having significant
contacts within Tribal Lands, or
residing within Tribal Lands, or
entering into or coming within Tribal
Lands, or consuming, possessing,
manufacturing, or distributing Liquor
within Tribal Lands. All such Persons
shall be deemed to have consented to
the jurisdiction of the Tribe and to the
provisions of this Ordinance, the
operation thereof, and to the jurisdiction
and authority of the Tribe, and shall, by
virtue of such actions, be deemed to
have waived all defenses to the
jurisdiction and venue of the Tribe, the
Tribal Gaming Commission, and the
Tribal Court, notwithstanding that such
Persons may be of non-Indian descent or
character.
Article 5 Definitions
As used in this Ordinance, the
following definitions shall apply:
(a) ‘‘Alcohol’’ has the same meaning
as the term ‘‘Liquor’’ as herein defined
in this Ordinance.
(b) ‘‘Beer’’ means 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 containing not
more than four percent of Alcohol by
volume. For the purpose of this
Ordinance, any such beverage,
including ale, stout, and porter,
containing more than four percent of
Alcohol by weight shall be referred to as
‘‘strong Beer.’’
(c) ‘‘Gaming Facility’’ means a
building or buildings and accessory
improvements located on Tribal Land,
as defined herein, and used in the
operation of Class II or Class III Gaming,
as applicable, including all land upon
which the building or buildings are
situated that is appropriated for the use
of the Gaming Facility, together with all
parts of the Gaming Site and all related
appurtenances and fixtures, including
any ancillary or related hotel, resort or
entertainment facilities.
(d) ‘‘Gaming Site’’ or ‘‘Site’’ means the
tract or tracts of Tribal Land upon
which a Gaming Facility is located.
(e) ‘‘License’’ means a liquor license
duly issued by the Tribal Gaming
Commission pursuant to this Ordinance.
(f) ‘‘Liquor’’ means the four varieties
of liquor herein defined (Alcohol,
Spirits, Wine and Beer), and all
fermented spirituous, vinous, or malt
liquor or combinations thereof, and
mixed liquor, or a part of which is
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fermented, spirituous, vinous, or malt
liquor, or otherwise intoxicating; and
every other liquid or solid or semisolid
or other substance, patented or not,
containing Alcohol, Spirits, Wine or
Beer, and all drinks or drinkable liquids
and all preparations or mixtures capable
of human consumption, and any liquid,
semisolid, solid, or other substances
that contains more than 1 percent of
Alcohol by weight shall be conclusively
deemed to be intoxicating.
(g) ‘‘Management Contractor’’ means a
Person (other than the Tribe) holding a
management contract entered into
pursuant to 25 U.S.C. 2710(d)(9) or 2711
and approved by the National Indian
Gaming Commission pursuant to Part
532 (Approval of Management
Contracts), Title 25, Code of Federal
Regulations.
(h) ‘‘Ordinance’’ means this Kiowa
Indian Tribe of Oklahoma Liquor
Control Ordinance of 2006.
(i) ‘‘Patron’’ means a person visiting
premises licensed pursuant to this
Ordinance and having the intent to
purchase any goods or services for sale
to the general public therein.
(j) ‘‘Person’’ means any natural
person, partnership, corporation,
limited liability company, association,
other statutory business entity and any
sovereign. The term also includes any
Tribal Gaming Operations Authority
duly constituted pursuant to the laws of
the Tribe.
(k) ‘‘Public Place’’ means any location
or premises on Tribal Lands to which
the general public has unrestricted
access.
(l) ‘‘Sale and Sell’’ means any
exchange, barter, gift or traffic; and also
includes the selling of 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 and also includes
giving away Liquor, Wine, Beer, or
Spirits.
(m) ‘‘Spirits’’ means any beverage,
which contains Alcohol obtained by
distillation, including wines exceeding
17 percent of Alcohol by weight.
(n) ‘‘State’’ means the State of
Oklahoma and any of its agencies or
instrumentalities.
(o) ‘‘Tribal Business Committee’’
means the Kiowa Business Committee
as described in the Constitution and
Bylaws of the Kiowa Indian Tribe of
Oklahoma.
(p) ‘‘Tribal Court’’ means a court duly
constituted under the Constitution and
Bylaws of the Kiowa Indian Tribe of
Oklahoma, or so long as there be no
such court, the Court of Indian Offenses
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sitting in Anadarko, Oklahoma, together
with all tribunals provided for the
appeal of the decisions of such court
under Federal law.
(q) ‘‘Tribal Gaming Commission’’ or
‘‘Commission’’ means the Kiowa Tribal
Gaming Commission established
pursuant to the Kiowa Indian Tribe of
Oklahoma Gaming Ordinance for the
purpose of performing regulatory
oversight and to monitor compliance
with tribal, Federal, and State
regulations, including this Ordinance.
(r) ‘‘Tribal Gaming Operation’’ means
each economic unit that is licensed by
the Tribe and owned, operated and
managed through a Tribal Gaming
Operations Authority duly constituted
by the Tribal Business Committee or by
a Management Contractor.
(s) ‘‘Tribal Gaming Operations
Authority’’ means a profit-making
business unit of the Tribe pursuant to
the laws of the Tribe and conducting
Gaming on Tribal Lands under the
authority of licenses granted by the
Tribal Gaming Commission, including
the Kiowa Casino Operations Authority,
as such term is defined in the Kiowa
Indian Tribe of Oklahoma Gaming
Ordinance.
(t) ‘‘Tribal Lands’’ means all land over
which the Tribe exercises governmental
power and that is either held in trust by
the United States for the benefit of the
Tribe or individual members of the
Tribe and located within the boundaries
of the Kiowa, Comanche, and Apache
Tribes’ original reservation as
established in the Treaty of October 21,
1867.
(u) ‘‘Tribal Manager’’ means a natural
person hired by the Tribal Gaming
Operations Authority as a regular
employee of the Tribe with overall
management responsibility for a Tribal
Gaming Operation and in the case of a
Tribal Gaming Operations Authority
each member of the Board of Trustees
thereof.
(v) ‘‘Tribe’’ means the Kiowa Indian
Tribe of Oklahoma which is recognized
by the United States Secretary of the
Interior as eligible for the special
programs and services provided by the
United States to Indians because of their
status as Indians and recognized as
possessing powers of self-government.
(w) ‘‘Wine’’ means any Liquor
obtained by fermentation of any fruits
(grapes, berries, applies, etc.), or fruit
juice and containing not more than 17
percent of Alcohol by weight, including
sweet wines fortified with wine spirits,
such as port, sherry, muscatel, and
angelica, not exceeding 17 percent of
Alcohol by weight.
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Article 6
21041
Powers of Enforcement
(a) The Tribal Gaming Commission is
hereby delegated primary regulatory
authority over the subject matter of this
Ordinance. The Tribal Gaming
Commission, in furtherance of this
Ordinance, has the following powers
and duties:
(1) To promulgate and publish such
reasonable regulations regarding the sale
of Liquor pursuant to this Ordinance as
the Tribal Gaming Commission may
from time to time deem to be
appropriate;
(2) To employ managers, accountants,
security personnel, inspectors, and
other such persons as may be reasonably
necessary to allow the Tribal Gaming
Commission to perform its functions,
and such employees shall be tribal
employees;
(3) To issue Licenses permitting
introduction, possession, and sale of
Liquor on Tribal Lands;
(4) To hold hearings on violations of
this Ordinance or for the issuance,
suspension, or revocation of Licenses
for the sale of Liquor on Tribal Lands
issued pursuant to this Ordinance;
(5) To bring suit in the Tribal Court
in the name of the Tribe to enforce this
Ordinance, as the Tribal Gaming
Commission may deem to be necessary;
(6) To seek damages and collect civil
fines imposed by the Tribal Gaming
Commission for violations of this
Ordinance;
(7) To make reports, as may be
required, of any violations under this
Ordinance;
(8) To collect License fees and fines
set by the Tribal Gaming Commission
under this Ordinance, and to keep
accurate records, books and accounts of
all such receipts; and
(9) To exercise such other powers as
are necessary and appropriate to fulfill
the purposes of this Ordinance.
(b) Civil Enforcement.
The Tribal Gaming Commission may
take any one or a combination of the
following actions with respect to any
person who violates any provision of
this Ordinance:
(1) Impose a civil fine not to exceed
Five Hundred Dollars ($500) for each
violation, and if such violation is a
continuing violation, for each day of
such violation;
(2) Suspend or revoke any License
issued by the Tribal Gaming
Commission; and
(A) The Tribal Gaming Commission
may suspend or revoke a License for
reasonable cause upon notice and
hearing by the Tribal Gaming
Commission at which the licensee shall
be given at least twenty (20) days’ prior
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written notice, served upon the licensee
by first-class mail or certified mail
return receipt requested, at the notice
address stated in the licensee’s most
recent application, and stating the date
and nature of the violation, the date,
time and place of the hearing and the
section or sections of this Ordinance
that have been violated.
(B) At such hearing, the licensee shall
have the right to be represented by an
attorney at law licensed in any state and
shall have the opportunity to respond to
any charges against it, to present
evidence under oath, to cross-examine
all witnesses and otherwise to
demonstrate why the License should not
be suspended or revoked. At such
hearings, the Federal Rules of Evidence
in effect at the time of the hearing shall
be applied, hearsay evidence shall in
any event not be competent, and the
burden of persuasion shall be that of the
Tribal Gaming Commission, by a
preponderance of the evidence.
(C) A decision of the Tribal Gaming
Commission pursuant to such hearing
may be appealed to the Tribal Court
within thirty (30) days of such decision.
(3) Bring an action in the Tribal Court
for imposition of civil fines and
remedial relief, including (but not
limited to):
(A) Restriction on the sale of liquor on
Tribal Lands;
(B) Suspension, revocation, or
termination of the License and issuing
an order suspending further commercial
activities on Tribal Lands;
(C) Seizure of any business assets,
contraband, inventory, proceeds, or
other property located on Tribal Lands;
(D) In the case of any non-member of
the Tribe, expulsion and debarment of
such persons from Tribal Lands;
(E) Collection of any unpaid fees
together with interest at the rate of two
percent (2%) per month or fraction of a
month; or
(F) Execution of any nonexempt
property of a violator located within the
exterior boundaries of Tribal Lands.
(c) Due Process Procedures for
Imposition of Fine or Remedial Relief.
(1) Imposition of fines or remedial
relief by the Tribal Gaming Commission
under Article 6(b)(3) shall require
reasonable cause upon notice and a
hearing held by the Tribal Gaming
Commission at which the licensee shall
be given at least twenty (20) days’ prior
written notice, served upon the licensee
by first-class mail or certified mail
return receipt requested, at the notice
address stated in the licensee’s most
recent application, and stating the date
and nature of the violation, the date,
time and place of the hearing and the
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section or sections of this Ordinance
that have been violated.
(2) At such hearing, the licensee shall
have the right to be represented by an
attorney at law licensed in any state and
shall have the opportunity to respond to
any charges against it, to present
evidence under oath, to cross-examine
all witnesses and otherwise to
demonstrate why such fine or remedial
relief should not be imposed. At such
hearing, the Federal Rules of Evidence
in effect at the time of the hearing shall
be applied, hearsay evidence shall in
any event not be competent, and the
burden of persuasion shall be that of the
Tribal Gaming Commission, by a
preponderance of the evidence.
(3) A decision of the Tribal Gaming
Commission pursuant to such hearing
may be appealed to the Tribal Court
within thirty (30) days of such decision.
(d) Tribal Court Jurisdiction.
The Tribal Court shall have
jurisdiction over any civil action
brought by the Tribal Gaming
Commission under this Ordinance, any
appeal of a decision of the Tribal
Gaming Commission regarding
suspension, revocation, fine, or
remedial relief arising out of a violation
of this Ordinance, and also shall have
the authority to impose any and all
sanctions that may be imposed by the
Tribal Gaming Commission pursuant to
this Ordinance. Upon a finding that a
violation of this Ordinance has
occurred, the Tribal Court may impose
a civil penalty as provided in this
Article for each separate violation in
addition to any or all actual damages,
administrative costs, court costs, and
attorneys fees.
(e) Inspection Rights.
The Public Places on or within which
Liquor is sold or distributed shall be
open for inspection by the Tribal
Gaming Commission at all reasonable
times for the purposes of ascertaining
compliance with this Ordinance and
other regulations promulgated thereto.
(f) Limitations on Powers.
In the exercise of its powers and
duties under this Ordinance, the Tribal
Gaming Commission and its individual
members shall not accept gratuity,
compensation, or other things of value
from any Liquor producer, wholesaler,
retailer, or distributor or from any
Liquor licensee, other than the License
fees and penalties established pursuant
to this Ordinance.
(g) Prohibitions.
(1) In any proceeding under this
Article, proof of one unlawful sale or
distribution of Liquor shall suffice to
establish prima facie intent or purpose
of unlawfully keeping Liquor for sale,
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selling Liquor, or distributing Liquor in
violation of this Ordinance.
(2) Any Person who shall sell or offer
for sale or distribute or transport in any
manner any Liquor in violation of this
Ordinance, shall be guilty of violation of
this Ordinance. Nothing in this
Ordinance shall apply to the possession
or transportation of any quantity of
Liquor not purchased or otherwise
acquired at any retail establishment on
Tribal Lands and intended only by
members of the Tribe for their personal
or other non-commercial use. The
possession, transportation, sale,
consumption, or other disposition of
Liquor outside of Tribal Lands shall be
governed solely by the laws of the State
of Oklahoma or other sovereign having
jurisdiction.
(3) Any Person who, in a Public Place,
buys Liquor from any Person other than
at a valid holder of a Liquor License
issued by the Tribal Gaming
Commission pursuant to this Ordinance,
shall be guilty of a violation of this
Ordinance.
(4) Any Person who shall sell or offer
for sale or distribute or transport in any
manner, any Liquor in violation of this
Ordinance, or who shall operate or shall
have Liquor in his possession with
intent to sell or distribute without a
License or permit shall be guilty of a
violation of this Ordinance.
(5) No Person under the age of twentyone (21) shall consume, acquire or have
in his/her possession any Liquor. Any
Person violating this section in a Public
Place shall be guilty of a separate
violation of this Ordinance for each and
every drink so consumed, acquired, or
possessed.
(6) Any Person who, in a Public Place,
shall sell or provide any Liquor to any
Person under the age of twenty-one (21)
shall be guilty of a violation of this
Ordinance for each such sale or drink
provided.
(7) Any Person who transfers in any
manner an identification of age to a
minor for the purpose of permitting
such minor to obtain Liquor shall be
guilty of a violation of this Ordinance,
provided that corroborative testimony of
a witness other than the minor shall be
a requirement of a finding of a violation
of this Ordinance.
(8) Any Person who attempts to
purchase Liquor through the use of a
false or altered identification shall be
guilty of a violation of this Ordinance.
(9) Possession of Alcohol that has
been brought by a Patron into a Public
Place shall result in ejection of a Patron
from the Public Place.
(10) Liquor that is possessed contrary
to the terms of this Ordinance are
declared to be contraband. Any tribal
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agent, employee or officer who is
authorized by the Commission to
enforce this Ordinance shall have the
authority to, and shall, seize all
contraband. Any officer seizing
contraband shall preserve the
contraband in accordance with
applicable law of the Tribe or State law.
Upon being found in violation of this
Ordinance by the Tribal Gaming
Commission, the Person shall forfeit all
right, title, and interest in the items
seized and they shall become the
property of the Tribe.
(h) Penalties for Violations of the
Ordinance.
Any Person guilty of a violation of
this Ordinance shall be liable to pay the
Tribal Gaming Commission a civil fine
not to exceed $500 per violation. In
assessing the amount of such civil fine,
the Tribal Gaming Commission may
consider the licensee’s record of
violations of this Ordinance involving
the sale of Liquor, extenuating
circumstances found upon the basis of
credible evidence presented by the
licensee at a hearing, and any adequacy
found by the Tribal Gaming
Commission of assurances of the
licensee’s future compliance with this
Ordinance with respect of the sale of
Liquor and otherwise. Any person
found guilty of a violation of this
Ordinance may be assessed any costs
associated with the collection and
enforcement of the civil fine, including
court costs and attorneys fees.
Article 7 Sale of Liquor
(a) Licenses Required.
No sale of Liquor shall be made on or
within a Public Place without a Liquor
License issued by the Tribal Gaming
Commission pursuant to this Ordinance.
(b) Sales for Cash.
All Liquor sales at on Tribal Lands
shall be on a cash only basis and no
credit shall be extended to any Person,
except that this provision does not
prevent the payment for purchases with
the use of cashiers or personal checks,
payroll checks, debit cards or credit
cards issued by any financial
institution.
(c) Sale for Personal Consumption.
All sales shall be for the on-premise
personal use and consumption by the
purchaser or members of the purchaser’s
household, including guests, who are
over the age of twenty-one (21).
(d) Resale of any Liquor purchased on
Tribal Land.
Any Person who is not licensed
pursuant to this Ordinance who
purchases Liquor on Tribal Lands and
resells it, whether in the original
container or not, shall be guilty of a
violation of this Ordinance and shall be
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subjected to civil fines of up to five
hundred dollars ($500.00) per sale, as
determined by the Tribal Gaming
Commission after notice and an
opportunity to be heard.
Article 8 Licensing
(a) No Person subject to the
jurisdiction of the Tribe shall sell,
barter, deal in or give away any Liquor
on Tribal Lands unless duly licensed to
do so by the Tribal Gaming Commission
pursuant to this Ordinance.
(b) Any Person desiring to sell Liquor
on Tribal Lands shall before doing so
apply to the Tribal Gaming Commission
for a License to sell Liquor. Such
application shall be made on forms
prescribed by the Tribal Gaming
Commission or, if no such forms have
at the time of such application yet been
prescribed, by letter providing all of the
information required in respect of such
application under Article 8(d) of this
Ordinance, submitted together with
payment of the non-refundable
application fee. Such fee shall be in an
amount to be prescribed by the Tribal
Gaming Commission by rule.
(c) State Licensing.
No Person shall be allowed or
permitted to sell Liquor on Tribal Lands
unless such Person is also duly licensed
to sell and possess Liquor under the
applicable laws of the State of
Oklahoma.
(d) Application.
Any Person applying for a License to
sell Liquor on Tribal Lands shall
complete and submit an application
provided for this purpose by the Tribal
Gaming Commission and pay such
application fee as under this Ordinance
may be set from time-to-time by the
Tribal Gaming Commission for this
purpose. An incomplete application
will not be considered. License fees
submitted pursuant to this Ordinance
shall neither be refundable nor proratable. Such application shall at a
minimum require the following:
(1) Satisfactory proof that the
applicant is duly licensed by the State
to sell Liquor;
(2) Satisfactory completion of a
background investigation, including, but
not limited to, a determination that the
applicant is of good character and
reputation and that the applicant is
financially responsible;
(3) The description and location of the
Public Place in which the Liquor is to
be sold and proof that the applicant is
entitled to use such premises for such
purposes for the duration of the time
period of the License;
(4) Agreement by the applicant to
accept and abide by all conditions of the
License, including consent to the
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jurisdiction and regulatory authority of
the Tribe;
(5) Payment of a fee established by the
Commission; and
(6) Satisfactory proof that neither the
applicant, nor the applicant’s spouse,
nor any principal owner, officer,
shareholder, or director of the applicant,
has ever been convicted of a felony or
a crime of moral turpitude as defined by
the laws of the State.
(e) Kinds of Licenses-Fees.
The Licenses issued by the Tribal
Gaming Commission and the biannual
fees therefore shall be as follows:
(1) On-Premise Retail License—
$2000.00.
For retail on-premise sale of Liquor
for on-premise consumption.
(2) Caterer License—$2000.00.
For sale of Liquor for on-premise
consumption at catered events.
(3) Annual Special Event License—
$100.00.
For sale of Liquor for on-premise
consumption at a special event.
(4) Hotel/Club Beverage License—
$2000.00
For sale of Liquor for on-premise
consumption on hotel or club premises.
Each License granted shall be valid
for two (2) years from the date of
issuance plus or minus any such period
of less than one year as may be
necessary to conform to a date for the
renewal of all Licenses issued pursuant
to this Ordinance, as established from
time to time by rule of the Tribal
Gaming Commission. Pursuant to the
authority granted to the Tribal Gaming
Commission under this Ordinance, the
Tribal Gaming Commission may revise
these License types and fees as
appropriate from time to time at their
discretion. The Tribal Gaming
Commission may also assess an
administrative fee for processing each
License application, which shall be in
addition to the License fee.
(f) Issuance of License.
The Tribal Gaming Commission may
issue a License if it believes that; (1) the
issuance of such a License would be in
the best interest of the Tribe; and (2) the
applicant is competent, eligible for a
License under this Ordinance, and has
demonstrated a substantial working
understanding of this Ordinance and
any other relevant State, Federal or
Tribal laws applicable to the applicant’s
sale of Liquor on Tribal Lands.
Licensure under this Ordinance is a
privilege, not a right, and the decision
to issue any License rests in the sole
discretion of the Tribal Gaming
Commission. No member of the Tribal
Gaming Commission shall be a part of
the decision making process of an
application submitted by a Tribal
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Gaming Commission member or any
Person in the immediate family of a
Tribal Gaming Commission member.
(g) Conditions of License.
(1) Any License issued under this
Ordinance shall be subject to such
reasonable conditions as the Tribal
Gaming Commission shall fix,
including, but not limited to, the
following:
(A) Term of License. Each License
shall be for a term of two years from the
date of issuance plus or minus any such
period of less than one year as may be
necessary to conform to a date for the
renewal of all Licenses issued pursuant
to this Ordinance, as established from
time to time by rule of the Tribal
Gaming Commission.
(B) Temporary License. The Tribal
Gaming Commission may grant a
temporary permit for the sale of Liquor
for a period not to exceed three days to
any Persons applying for the same in
connection with a tribal or community
activity provided that the application
requirements under this Ordinance have
been satisfied. Each temporary permit
issued shall specify the type of Liquor
to be sold, the time, date and location
permitted. A separate fee, set by the
Tribal Gaming Commission, will be
assessed for temporary permits.
(C) Renewal of License. A licensee
may renew its License(s) for successive
periods of no more than 24 calendar
months if it has complied in full with
this Ordinance and has maintained all
other licenses required by applicable
law, provided however, the Tribal
Gaming Commission may refuse to
renew a License if it finds that doing so
would not be in the best interests of the
Tribe or the health and safety of Patrons.
This subparagraph (C) shall not apply to
Temporary Licenses issued under
subparagraph (B) which shall not be
subject to renewal.
(D) Liquor shall be sold, served,
disposed of, delivered, or given to any
Person and consumed on the licensed
premises in conformity with the hours
and days prescribed by the laws of the
State of Oklahoma and in accordance
with the hours fixed by the Tribal
Gaming Commission.
(E) All acts and transactions under
authority of a License shall be in
conformity with State and Federal law,
and shall be in accordance with this
Ordinance and any License issued
pursuant to this Ordinance.
(h) Transferability of Licenses.
Unless authorized in writing by the
Tribal Gaming Commission, a License
issued by the Tribal Gaming
Commission shall not be transferable
Person to Person or place to place and
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may only be utilized by the Person in
whose name it was issued.
Article 10 Taxes and Collection of
Fees; Records
Article 9
(a) The Tribe hereby levies a tax of
(three percent) on each retail sale of
Liquor on Tribal Lands. The Tribe
reserves the right to adjust such tax from
time to time by resolution as may be
required and will provide written notice
to the Tribal Gaming Commission of any
changes in the amount of such retail tax.
The tax imposed by this section shall
apply to all retail sales of Liquor on
Tribal Lands. Such tax shall be in
addition to any required Oklahoma
State Alcohol tax on retail sales
occurring on Tribal Lands.
(b) Payment of Retail Liquor Tax to
the Tribe.
All tax from the retail sale of Liquor
on Tribal Lands under this Ordinance
shall be collected by licensees and paid
to the Kiowa Tax Commission.
(c) Taxes Due; Returns.
All fees upon the retail sale of Liquor
shall be due and payable by licensees to
the Kiowa Tax Commission on the first
day of the month following the end of
each calendar quarter during the term of
the License. Past due taxes shall accrue
interest at two percent (2%) per month
or fraction thereof, which interest shall
be deemed to be an addition to the tax.
With each payment of the tax, the
licensee shall submit on forms
prescribed by the Kiowa Tax
Commission, a return duly completed
and certified as accurate.
(d) Licensee’s Duty to Keep Records;
Tribal Gaming Commission’s
Prerogative to Audit Records.
(1) Each licensee shall keep
reasonable written records of its
purchase of Liquor at wholesale, its sale
of Liquor at retail and its payment of
taxes imposed under this Ordinance.
Such records shall conform to generally
accepted accounting principles and to
any regulations from time to time duly
promulgated by the Tribal Gaming
Commission, pursuant to this
Ordinance.
(2) Such records shall in any event
include complete files of records of
original entry, journals upon which all
relevant transactions are recorded, and
bank statements reflecting all purchases
and sales of Liquor.
(3) By the act of applying for a License
to sell Liquor under this Ordinance, the
applicant shall by operation of law be
deemed to have irrevocably agreed to
submit to the Tribal Gaming
Commission and Kiowa Tax
Commission for review or audit the
licensee’s books and records relating to
the sale of Liquor. Said review or audit
may be done periodically by the Tribal
Gaming Commission or Kiowa Tax
Licensee Prohibitions
(a) No licensee shall sell Liquor for
consumption off the licensed premises.
(b) No Person under the age of twentyone (21) shall be sold, served, delivered,
given, or allowed to consume Liquor on
a licensed premises.
(1) In any alleged violation arising out
of sale of Liquor to a Person under the
age of twenty one years, it shall be an
affirmative defense that the licensee
reasonably relied upon an apparently
valid form of identification specified in
Article 9(b).
(2) Whenever it reasonably appears to
a licensee’s employee duly dispensing
Liquor pursuant to this Ordinance that
a Person seeking to purchase Liquor is
under the age of (27) years, the
prospective purchaser shall not be
served unless such Person exhibits at
the time and place of sale, apparently
and facially valid forms of the following
documentary forms of identification
which shows his/her correct age and
bears his/her signature and photograph:
(A) Driver’s license of any state or
identification card issued by any State
Department of Motor Vehicles;
(B) United States Active Duty Military
identification card;
(C) United States Passport; or
(D) A foreign passport accompanied
by an entrance visa issued by the United
States Department of State.
(c) No licensee shall allow Liquor to
be served by a barkeeper, wait staff or
other Person employed by or working in
a licensed premises who is under the
age of twenty-one (21).
(d) No Liquor shall be sold at any
form of a discounted price such as (as
non-limiting examples) two for one
during certain times, half price during
certain times, or consumption promoted
by free food or by other complimentary
goods or services provided in the
vicinity of an in conjunction with the
sale of Liquor.
(e) No Liquor shall be given away.
(f) No Person licensed to sell Liquor
shall permit any gambling to occur on
the licensed premises other than
gambling permitted by the Gaming
Ordinance of the Tribe at a Gaming
Facility and pursuant to appropriate
licenses granted therefor.
(g) No licensee shall serve Liquor to
any Patron or other Person who is
visibly intoxicated or to any employee
of the licensee. All licensees shall be
privileged to refuse to serve Liquor to
any Patron.
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Commission through its agents or
employees whenever in the discretion of
the Tribal Gaming Commission or
Kiowa Tax Commission such a review
or audit is necessary or otherwise
appropriate to verify the accuracy of
reports.
(4) The Tribal Business Committee
and the Kiowa Tax Commission shall
have access to all written records
required to be maintained by Licensees
under this Ordinance.
(e) Disposition of Funds Collected by
the Tribal Gaming Commission in
respect of the Licensing and Sale of
Liquor.
(1) The gross proceeds collected by
the Tribal Gaming Commission from the
issuance of Licenses for the sale of
Liquor and from proceedings involving
violations of this Ordinance shall be
distributed to the Tribal Gaming
Commission for the payment of all
necessary personnel, administrative
costs, and legal fees incurred in the
enforcement of this Ordinance,
including, but not limited to, reasonable
reserves in aggregate amounts of up to
the full amount of the annual budget of
the Tribal Gaming Commission plus
$300,000. and any surplus over such
amounts and reserves shall as received
be promptly paid over to the Kiowa Tax
Commission for use for the purposes of
the Tribe.
(2) The Tribal Gaming Commission
shall provide an annual report to the
Tribal Business Committee setting forth
an accounting of the funds received and
expended under this Ordinance.
Article 11 Abatement
(a) Any Public Place where Liquor is
sold, manufactured, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provisions of this Ordinance, and all
property kept in and used in
maintaining such place, is hereby
declared to be a public nuisance.
(b) The Tribal Gaming Commission by
its representative duly authorized by
resolution by the Tribal Gaming
Commission shall have standing, power
and authority to institute and prosecute
in an action in the Tribal Court or at the
election of the Tribal Gaming
Commission and subject to the
jurisdictional rules that may apply, in
the Federal District Court for the
Western District of Oklahoma, a civil
action to abate and enjoin any nuisance
declared by the Tribal Gaming
Commission under this Ordinance.
(1) Upon establishment that probable
cause exists to find that a nuisance
exists, the court may grant restraining
orders, temporary injunctions, and
permanent injunctions in the case as in
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other injunction proceedings. Upon
final judgment against the defendant,
the court may also order the room,
structure, or place closed for a period of
one year or (if a lesser period is
warranted) until the owner, lessee,
tenant, or occupant thereof shall give
bond of sufficient sum but not less than
ten thousand dollars $10,000, payable to
the Tribal Gaming Commission, (A) The
bond must be, in form acceptable to the
Tribal Gaming Commission, and (B)
conditioned that Liquor will not be
thereafter manufactured, kept, sold,
bartered, exchanged, given away,
furnished, or otherwise disposed of
thereof in violation of the provision of
this Ordinance, and that the defendant
will pay all fines, costs and damages
assessed against him/her for any
violation of this Ordinance.
(2) The Commission will return the
bond to the owners, lessee, tenant, or
occupant one year after submission of
such bond to the Tribal Gaming
Commission if the Commission has
determined that there have been no
further violations of the Ordinance
within such period by the defendant.
(3) If any conditions of the bond are
violated, the whole amount may be
forfeit and available for the use of Tribal
Gaming Commission.
(4) In all cases where any Person has
been found responsible for a violation of
this Ordinance relating to manufacture,
importation, transportation, possession,
distribution, and sale of Liquor: (A) An
action may be brought to abate as a
public nuisance the use of any real
estate or other property involved in the
violation of this Ordinance; and (B)
proof of violation of this Ordinance
shall be prima facie evidence that the
room, house, building, vehicle,
structure, or place against which such
action is brought is a public nuisance.
Article 12 Severability
If any provision or application of this
Ordinance is determined by review to
be invalid, such determination shall not
be held to render ineffectual the
remaining portions of this Ordinance or
to render such provisions inapplicable
to other Persons or circumstances. Any
and all prior tribal laws, resolutions or
statutes of the Kiowa Indian Tribe of
Oklahoma which are inconsistent with
the provisions of this Ordinance are
hereby rescinded and repealed to the
extent inconsistent with this Ordinance.
Article 13 Application of 18 U.S.C.
1161
Federal law requires that any
authorization for the sale of Liquor must
be in conformity with the laws of the
State and approved by an ordinance
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21045
duly adopted by the tribe having
jurisdiction over such area of Indian
country. All acts and transactions under
this Ordinance shall be in conformity
with Federal law and the laws of the
State of Oklahoma as applicable.
Article 14 Effective Date
This Ordinance shall be effective after
the Secretary of the Interior certifies the
Ordinance and on the date it is
published in the Federal Register.
Article 15 Sovereign Immunity
Nothing contained in this Ordinance
is intended to, nor does it in any way,
limits, alters, restricts, or waives the
sovereign immunity of the Tribe or its
agencies and instrumentalities from
unconsented suit or action of any kind.
Article 16 Duration
This Ordinance shall be perpetual
until repealed or amended by the Kiowa
Indian Tribe of Oklahoma.
Article 17 Limitations
Notwithstanding anything contained
herein to the contrary, until this
Ordinance is further amended as
provided in Article 16, no sale of Liquor
shall be permitted on Tribal Lands other
than at a Gaming Facility.
[FR Doc. E7–8092 Filed 4–26–07; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[ID–210–1220–MA]
Notice of Emergency Temporary
Closure of Certain Public Lands, to
Motorized Vehicles, in Owyhee County
ID, Under Sailor Cap Emergency and
Rehabilitation Plan
AGENCY:
Bureau of Land Management,
Interior.
SUMMARY: The Bureau of Land
Management (BLM) Jarbidge Field
Office, in order to protect natural
resources and stabilization treatments
conducted following the 2006 Sailor
Cap Fire, is implementing an emergency
temporary closure to all motorized
vehicle traffic off established roads
which are capable of being traveled by
full size vehicles (e.g. all-terrain
vehicles, pickups, motorcycles, sport
utility vehicles, snowmobiles, etc.)
within the fire perimeter and along
fenced livestock allotments. The closure
area follows the most logical boundaries
according to transportation routes
(please refer to supplementary
information for description of closure
area). The purpose of the closure is to
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]]>Agencies
[Federal Register Volume 72, Number 81 (Friday, April 27, 2007)]
[Notices]
[Pages 21039-21045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-8092]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kiowa Indian Tribe of Oklahoma Liquor Control Ordinance of 2006
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Liquor Control Ordinance of the
Kiowa
[[Page 21040]]
Indian Tribe of Oklahoma (Tribe). The Ordinance regulates and controls
the possession, sale, and consumption of liquor within the tribal
lands. The tribal lands are located in Indian country and this
Ordinance allows for possession and sale of alcoholic beverages within
their boundaries. This Ordinance will increase the ability of the
tribal government to control the community's liquor distribution and
possession, and at the same time will provide an important source of
revenue for the continued operation and strengthening of the tribal
government and the delivery of tribal services.
EFFECTIVE DATE: This Ordinance is effective on April 27, 2007.
FOR FURTHER INFORMATION CONTACT: Suzanne Chaney, Tribal Government
Services Officer, Southern Plains Regional Office, WCD Office Complex,
PO Box 368, Anadarko, OK 73005, Telephone: (405) 247-1537, Fax (405)
247-9240; or Elizabeth Colliflower, Office of Indian Services, 1849 C
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202)
513-7627.
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 Kiowa Business Committee
(Committee) adopted its Liquor Ordinance by Resolution No. CY-2007-702
on January 6, 2007. This Liquor Ordinance will be the first published
in the Federal Register for 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 Assistant Secretary--Indian
Affairs. I certify that this Liquor Control Ordinance of the Kiowa
Indian Tribe of Oklahoma was duly adopted by the Committee on January
6, 2007.
April 19, 2007.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
The Kiowa Tribe of Oklahoma Liquor Control Ordinance reads as
follows:
Kiowa Indian Tribe of Oklahoma Liquor Control Ordinance of 2006
An Ordinance To Authorize and Regulate the Introduction, Possession and
Sale of Liquor on Tribal Lands
Be it enacted by the Kiowa Indian Council as follows:
Article 1 Title
This Ordinance shall be known as the ``Kiowa Indian Tribe of
Oklahoma Liquor Control Ordinance of 2006.''
Article 2 Authority
This Ordinance is enacted pursuant to the Act of August 15, 1953
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161), the Constitution and
Bylaws of the Kiowa Indian Tribe of Oklahoma, and the Tribe's inherent
sovereign authority. Pursuant to Article V, Section 2(g) of the
Constitution and Bylaws of the Kiowa Indian Tribe of Oklahoma, the
Kiowa Business Committee (``Tribal Business Committee'') is empowered
to act on a variety of matters including taking necessary action ``to
promulgate and enforce ordinances and codes governing law and order to
protect the peace, health, safety, and general welfare, on land
determined to be within tribal jurisdiction subject to the approval of
the Assistant Secretary for Indian Affairs or his authorized
representative.''
Article 3 Purpose
The purpose of this Ordinance is to authorize, regulate, and
control the introduction, possession, and sale of Liquor on the Tribal
Lands of the Kiowa Indian Tribe of Oklahoma in accordance with Federal
law, Oklahoma State law, and the laws of the Kiowa Indian Tribe of
Oklahoma. The enactment of this Ordinance will enhance the ability of
the Tribal government to control all Liquor related activities within
the jurisdiction of the Tribe. This Ordinance is enacted in conjunction
with the laws of the State of Oklahoma applicable to the sale and
distribution of Liquor pursuant to 18 U.S.C. 1161.
Article 4 Scope
In order to protect the health, safety, and social welfare of the
members of the Kiowa Indian Tribe of Oklahoma and the patrons of
businesses located on Tribal Lands, and be consistent with the
principles enunciated by the United States Supreme Court in United
States v. Montana, 101 S. Ct. 1245 (1981), the Tribe as an exercise of
sovereign authority and self-determination has enacted this Ordinance
to regulate the introduction, possession, and sale of Liquor on Tribal
Lands.
This Ordinance applies to all Tribal Lands, as defined herein. This
Ordinance shall extend to all Persons, as defined herein, receiving or
requiring Licenses hereunder, or doing business on Tribal Lands, or
having significant contacts within Tribal Lands, or residing within
Tribal Lands, or entering into or coming within Tribal Lands, or
consuming, possessing, manufacturing, or distributing Liquor within
Tribal Lands. All such Persons shall be deemed to have consented to the
jurisdiction of the Tribe and to the provisions of this Ordinance, the
operation thereof, and to the jurisdiction and authority of the Tribe,
and shall, by virtue of such actions, be deemed to have waived all
defenses to the jurisdiction and venue of the Tribe, the Tribal Gaming
Commission, and the Tribal Court, notwithstanding that such Persons may
be of non-Indian descent or character.
Article 5 Definitions
As used in this Ordinance, the following definitions shall apply:
(a) ``Alcohol'' has the same meaning as the term ``Liquor'' as
herein defined in this Ordinance.
(b) ``Beer'' means 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 containing not more than four percent of Alcohol by volume. For
the purpose of this Ordinance, any such beverage, including ale, stout,
and porter, containing more than four percent of Alcohol by weight
shall be referred to as ``strong Beer.''
(c) ``Gaming Facility'' means a building or buildings and accessory
improvements located on Tribal Land, as defined herein, and used in the
operation of Class II or Class III Gaming, as applicable, including all
land upon which the building or buildings are situated that is
appropriated for the use of the Gaming Facility, together with all
parts of the Gaming Site and all related appurtenances and fixtures,
including any ancillary or related hotel, resort or entertainment
facilities.
(d) ``Gaming Site'' or ``Site'' means the tract or tracts of Tribal
Land upon which a Gaming Facility is located.
(e) ``License'' means a liquor license duly issued by the Tribal
Gaming Commission pursuant to this Ordinance.
(f) ``Liquor'' means the four varieties of liquor herein defined
(Alcohol, Spirits, Wine and Beer), and all fermented spirituous,
vinous, or malt liquor or combinations thereof, and mixed liquor, or a
part of which is
[[Page 21041]]
fermented, spirituous, vinous, or malt liquor, or otherwise
intoxicating; and every other liquid or solid or semisolid or other
substance, patented or not, containing Alcohol, Spirits, Wine or Beer,
and all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption, and any liquid, semisolid, solid, or
other substances that contains more than 1 percent of Alcohol by weight
shall be conclusively deemed to be intoxicating.
(g) ``Management Contractor'' means a Person (other than the Tribe)
holding a management contract entered into pursuant to 25 U.S.C.
2710(d)(9) or 2711 and approved by the National Indian Gaming
Commission pursuant to Part 532 (Approval of Management Contracts),
Title 25, Code of Federal Regulations.
(h) ``Ordinance'' means this Kiowa Indian Tribe of Oklahoma Liquor
Control Ordinance of 2006.
(i) ``Patron'' means a person visiting premises licensed pursuant
to this Ordinance and having the intent to purchase any goods or
services for sale to the general public therein.
(j) ``Person'' means any natural person, partnership, corporation,
limited liability company, association, other statutory business entity
and any sovereign. The term also includes any Tribal Gaming Operations
Authority duly constituted pursuant to the laws of the Tribe.
(k) ``Public Place'' means any location or premises on Tribal Lands
to which the general public has unrestricted access.
(l) ``Sale and Sell'' means any exchange, barter, gift or traffic;
and also includes the selling of 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 and also includes giving
away Liquor, Wine, Beer, or Spirits.
(m) ``Spirits'' means any beverage, which contains Alcohol obtained
by distillation, including wines exceeding 17 percent of Alcohol by
weight.
(n) ``State'' means the State of Oklahoma and any of its agencies
or instrumentalities.
(o) ``Tribal Business Committee'' means the Kiowa Business
Committee as described in the Constitution and Bylaws of the Kiowa
Indian Tribe of Oklahoma.
(p) ``Tribal Court'' means a court duly constituted under the
Constitution and Bylaws of the Kiowa Indian Tribe of Oklahoma, or so
long as there be no such court, the Court of Indian Offenses sitting in
Anadarko, Oklahoma, together with all tribunals provided for the appeal
of the decisions of such court under Federal law.
(q) ``Tribal Gaming Commission'' or ``Commission'' means the Kiowa
Tribal Gaming Commission established pursuant to the Kiowa Indian Tribe
of Oklahoma Gaming Ordinance for the purpose of performing regulatory
oversight and to monitor compliance with tribal, Federal, and State
regulations, including this Ordinance.
(r) ``Tribal Gaming Operation'' means each economic unit that is
licensed by the Tribe and owned, operated and managed through a Tribal
Gaming Operations Authority duly constituted by the Tribal Business
Committee or by a Management Contractor.
(s) ``Tribal Gaming Operations Authority'' means a profit-making
business unit of the Tribe pursuant to the laws of the Tribe and
conducting Gaming on Tribal Lands under the authority of licenses
granted by the Tribal Gaming Commission, including the Kiowa Casino
Operations Authority, as such term is defined in the Kiowa Indian Tribe
of Oklahoma Gaming Ordinance.
(t) ``Tribal Lands'' means all land over which the Tribe exercises
governmental power and that is either held in trust by the United
States for the benefit of the Tribe or individual members of the Tribe
and located within the boundaries of the Kiowa, Comanche, and Apache
Tribes' original reservation as established in the Treaty of October
21, 1867.
(u) ``Tribal Manager'' means a natural person hired by the Tribal
Gaming Operations Authority as a regular employee of the Tribe with
overall management responsibility for a Tribal Gaming Operation and in
the case of a Tribal Gaming Operations Authority each member of the
Board of Trustees thereof.
(v) ``Tribe'' means the Kiowa Indian Tribe of Oklahoma which is
recognized by the United States Secretary of the Interior as eligible
for the special programs and services provided by the United States to
Indians because of their status as Indians and recognized as possessing
powers of self-government.
(w) ``Wine'' means any Liquor obtained by fermentation of any
fruits (grapes, berries, applies, etc.), or fruit juice and containing
not more than 17 percent of Alcohol by weight, including sweet wines
fortified with wine spirits, such as port, sherry, muscatel, and
angelica, not exceeding 17 percent of Alcohol by weight.
Article 6 Powers of Enforcement
(a) The Tribal Gaming Commission is hereby delegated primary
regulatory authority over the subject matter of this Ordinance. The
Tribal Gaming Commission, in furtherance of this Ordinance, has the
following powers and duties:
(1) To promulgate and publish such reasonable regulations regarding
the sale of Liquor pursuant to this Ordinance as the Tribal Gaming
Commission may from time to time deem to be appropriate;
(2) To employ managers, accountants, security personnel,
inspectors, and other such persons as may be reasonably necessary to
allow the Tribal Gaming Commission to perform its functions, and such
employees shall be tribal employees;
(3) To issue Licenses permitting introduction, possession, and sale
of Liquor on Tribal Lands;
(4) To hold hearings on violations of this Ordinance or for the
issuance, suspension, or revocation of Licenses for the sale of Liquor
on Tribal Lands issued pursuant to this Ordinance;
(5) To bring suit in the Tribal Court in the name of the Tribe to
enforce this Ordinance, as the Tribal Gaming Commission may deem to be
necessary;
(6) To seek damages and collect civil fines imposed by the Tribal
Gaming Commission for violations of this Ordinance;
(7) To make reports, as may be required, of any violations under
this Ordinance;
(8) To collect License fees and fines set by the Tribal Gaming
Commission under this Ordinance, and to keep accurate records, books
and accounts of all such receipts; and
(9) To exercise such other powers as are necessary and appropriate
to fulfill the purposes of this Ordinance.
(b) Civil Enforcement.
The Tribal Gaming Commission may take any one or a combination of
the following actions with respect to any person who violates any
provision of this Ordinance:
(1) Impose a civil fine not to exceed Five Hundred Dollars ($500)
for each violation, and if such violation is a continuing violation,
for each day of such violation;
(2) Suspend or revoke any License issued by the Tribal Gaming
Commission; and
(A) The Tribal Gaming Commission may suspend or revoke a License
for reasonable cause upon notice and hearing by the Tribal Gaming
Commission at which the licensee shall be given at least twenty (20)
days' prior
[[Page 21042]]
written notice, served upon the licensee by first-class mail or
certified mail return receipt requested, at the notice address stated
in the licensee's most recent application, and stating the date and
nature of the violation, the date, time and place of the hearing and
the section or sections of this Ordinance that have been violated.
(B) At such hearing, the licensee shall have the right to be
represented by an attorney at law licensed in any state and shall have
the opportunity to respond to any charges against it, to present
evidence under oath, to cross-examine all witnesses and otherwise to
demonstrate why the License should not be suspended or revoked. At such
hearings, the Federal Rules of Evidence in effect at the time of the
hearing shall be applied, hearsay evidence shall in any event not be
competent, and the burden of persuasion shall be that of the Tribal
Gaming Commission, by a preponderance of the evidence.
(C) A decision of the Tribal Gaming Commission pursuant to such
hearing may be appealed to the Tribal Court within thirty (30) days of
such decision.
(3) Bring an action in the Tribal Court for imposition of civil
fines and remedial relief, including (but not limited to):
(A) Restriction on the sale of liquor on Tribal Lands;
(B) Suspension, revocation, or termination of the License and
issuing an order suspending further commercial activities on Tribal
Lands;
(C) Seizure of any business assets, contraband, inventory,
proceeds, or other property located on Tribal Lands;
(D) In the case of any non-member of the Tribe, expulsion and
debarment of such persons from Tribal Lands;
(E) Collection of any unpaid fees together with interest at the
rate of two percent (2%) per month or fraction of a month; or
(F) Execution of any nonexempt property of a violator located
within the exterior boundaries of Tribal Lands.
(c) Due Process Procedures for Imposition of Fine or Remedial
Relief.
(1) Imposition of fines or remedial relief by the Tribal Gaming
Commission under Article 6(b)(3) shall require reasonable cause upon
notice and a hearing held by the Tribal Gaming Commission at which the
licensee shall be given at least twenty (20) days' prior written
notice, served upon the licensee by first-class mail or certified mail
return receipt requested, at the notice address stated in the
licensee's most recent application, and stating the date and nature of
the violation, the date, time and place of the hearing and the section
or sections of this Ordinance that have been violated.
(2) At such hearing, the licensee shall have the right to be
represented by an attorney at law licensed in any state and shall have
the opportunity to respond to any charges against it, to present
evidence under oath, to cross-examine all witnesses and otherwise to
demonstrate why such fine or remedial relief should not be imposed. At
such hearing, the Federal Rules of Evidence in effect at the time of
the hearing shall be applied, hearsay evidence shall in any event not
be competent, and the burden of persuasion shall be that of the Tribal
Gaming Commission, by a preponderance of the evidence.
(3) A decision of the Tribal Gaming Commission pursuant to such
hearing may be appealed to the Tribal Court within thirty (30) days of
such decision.
(d) Tribal Court Jurisdiction.
The Tribal Court shall have jurisdiction over any civil action
brought by the Tribal Gaming Commission under this Ordinance, any
appeal of a decision of the Tribal Gaming Commission regarding
suspension, revocation, fine, or remedial relief arising out of a
violation of this Ordinance, and also shall have the authority to
impose any and all sanctions that may be imposed by the Tribal Gaming
Commission pursuant to this Ordinance. Upon a finding that a violation
of this Ordinance has occurred, the Tribal Court may impose a civil
penalty as provided in this Article for each separate violation in
addition to any or all actual damages, administrative costs, court
costs, and attorneys fees.
(e) Inspection Rights.
The Public Places on or within which Liquor is sold or distributed
shall be open for inspection by the Tribal Gaming Commission at all
reasonable times for the purposes of ascertaining compliance with this
Ordinance and other regulations promulgated thereto.
(f) Limitations on Powers.
In the exercise of its powers and duties under this Ordinance, the
Tribal Gaming Commission and its individual members shall not accept
gratuity, compensation, or other things of value from any Liquor
producer, wholesaler, retailer, or distributor or from any Liquor
licensee, other than the License fees and penalties established
pursuant to this Ordinance.
(g) Prohibitions.
(1) In any proceeding under this Article, proof of one unlawful
sale or distribution of Liquor shall suffice to establish prima facie
intent or purpose of unlawfully keeping Liquor for sale, selling
Liquor, or distributing Liquor in violation of this Ordinance.
(2) Any Person who shall sell or offer for sale or distribute or
transport in any manner any Liquor in violation of this Ordinance,
shall be guilty of violation of this Ordinance. Nothing in this
Ordinance shall apply to the possession or transportation of any
quantity of Liquor not purchased or otherwise acquired at any retail
establishment on Tribal Lands and intended only by members of the Tribe
for their personal or other non-commercial use. The possession,
transportation, sale, consumption, or other disposition of Liquor
outside of Tribal Lands shall be governed solely by the laws of the
State of Oklahoma or other sovereign having jurisdiction.
(3) Any Person who, in a Public Place, buys Liquor from any Person
other than at a valid holder of a Liquor License issued by the Tribal
Gaming Commission pursuant to this Ordinance, shall be guilty of a
violation of this Ordinance.
(4) Any Person who shall sell or offer for sale or distribute or
transport in any manner, any Liquor in violation of this Ordinance, or
who shall operate or shall have Liquor in his possession with intent to
sell or distribute without a License or permit shall be guilty of a
violation of this Ordinance.
(5) No Person under the age of twenty-one (21) shall consume,
acquire or have in his/her possession any Liquor. Any Person violating
this section in a Public Place shall be guilty of a separate violation
of this Ordinance for each and every drink so consumed, acquired, or
possessed.
(6) Any Person who, in a Public Place, shall sell or provide any
Liquor to any Person under the age of twenty-one (21) shall be guilty
of a violation of this Ordinance for each such sale or drink provided.
(7) Any Person who transfers in any manner an identification of age
to a minor for the purpose of permitting such minor to obtain Liquor
shall be guilty of a violation of this Ordinance, provided that
corroborative testimony of a witness other than the minor shall be a
requirement of a finding of a violation of this Ordinance.
(8) Any Person who attempts to purchase Liquor through the use of a
false or altered identification shall be guilty of a violation of this
Ordinance.
(9) Possession of Alcohol that has been brought by a Patron into a
Public Place shall result in ejection of a Patron from the Public
Place.
(10) Liquor that is possessed contrary to the terms of this
Ordinance are declared to be contraband. Any tribal
[[Page 21043]]
agent, employee or officer who is authorized by the Commission to
enforce this Ordinance shall have the authority to, and shall, seize
all contraband. Any officer seizing contraband shall preserve the
contraband in accordance with applicable law of the Tribe or State law.
Upon being found in violation of this Ordinance by the Tribal Gaming
Commission, the Person shall forfeit all right, title, and interest in
the items seized and they shall become the property of the Tribe.
(h) Penalties for Violations of the Ordinance.
Any Person guilty of a violation of this Ordinance shall be liable
to pay the Tribal Gaming Commission a civil fine not to exceed $500 per
violation. In assessing the amount of such civil fine, the Tribal
Gaming Commission may consider the licensee's record of violations of
this Ordinance involving the sale of Liquor, extenuating circumstances
found upon the basis of credible evidence presented by the licensee at
a hearing, and any adequacy found by the Tribal Gaming Commission of
assurances of the licensee's future compliance with this Ordinance with
respect of the sale of Liquor and otherwise. Any person found guilty of
a violation of this Ordinance may be assessed any costs associated with
the collection and enforcement of the civil fine, including court costs
and attorneys fees.
Article 7 Sale of Liquor
(a) Licenses Required.
No sale of Liquor shall be made on or within a Public Place without
a Liquor License issued by the Tribal Gaming Commission pursuant to
this Ordinance.
(b) Sales for Cash.
All Liquor sales at on Tribal Lands shall be on a cash only basis
and no credit shall be extended to any Person, except that this
provision does not prevent the payment for purchases with the use of
cashiers or personal checks, payroll checks, debit cards or credit
cards issued by any financial institution.
(c) Sale for Personal Consumption.
All sales shall be for the on-premise personal use and consumption
by the purchaser or members of the purchaser's household, including
guests, who are over the age of twenty-one (21).
(d) Resale of any Liquor purchased on Tribal Land.
Any Person who is not licensed pursuant to this Ordinance who
purchases Liquor on Tribal Lands and resells it, whether in the
original container or not, shall be guilty of a violation of this
Ordinance and shall be subjected to civil fines of up to five hundred
dollars ($500.00) per sale, as determined by the Tribal Gaming
Commission after notice and an opportunity to be heard.
Article 8 Licensing
(a) No Person subject to the jurisdiction of the Tribe shall sell,
barter, deal in or give away any Liquor on Tribal Lands unless duly
licensed to do so by the Tribal Gaming Commission pursuant to this
Ordinance.
(b) Any Person desiring to sell Liquor on Tribal Lands shall before
doing so apply to the Tribal Gaming Commission for a License to sell
Liquor. Such application shall be made on forms prescribed by the
Tribal Gaming Commission or, if no such forms have at the time of such
application yet been prescribed, by letter providing all of the
information required in respect of such application under Article 8(d)
of this Ordinance, submitted together with payment of the non-
refundable application fee. Such fee shall be in an amount to be
prescribed by the Tribal Gaming Commission by rule.
(c) State Licensing.
No Person shall be allowed or permitted to sell Liquor on Tribal
Lands unless such Person is also duly licensed to sell and possess
Liquor under the applicable laws of the State of Oklahoma.
(d) Application.
Any Person applying for a License to sell Liquor on Tribal Lands
shall complete and submit an application provided for this purpose by
the Tribal Gaming Commission and pay such application fee as under this
Ordinance may be set from time-to-time by the Tribal Gaming Commission
for this purpose. An incomplete application will not be considered.
License fees submitted pursuant to this Ordinance shall neither be
refundable nor pro-ratable. Such application shall at a minimum require
the following:
(1) Satisfactory proof that the applicant is duly licensed by the
State to sell Liquor;
(2) Satisfactory completion of a background investigation,
including, but not limited to, a determination that the applicant is of
good character and reputation and that the applicant is financially
responsible;
(3) The description and location of the Public Place in which the
Liquor is to be sold and proof that the applicant is entitled to use
such premises for such purposes for the duration of the time period of
the License;
(4) Agreement by the applicant to accept and abide by all
conditions of the License, including consent to the jurisdiction and
regulatory authority of the Tribe;
(5) Payment of a fee established by the Commission; and
(6) Satisfactory proof that neither the applicant, nor the
applicant's spouse, nor any principal owner, officer, shareholder, or
director of the applicant, has ever been convicted of a felony or a
crime of moral turpitude as defined by the laws of the State.
(e) Kinds of Licenses-Fees.
The Licenses issued by the Tribal Gaming Commission and the
biannual fees therefore shall be as follows:
(1) On-Premise Retail License--$2000.00.
For retail on-premise sale of Liquor for on-premise consumption.
(2) Caterer License--$2000.00.
For sale of Liquor for on-premise consumption at catered events.
(3) Annual Special Event License--$100.00.
For sale of Liquor for on-premise consumption at a special event.
(4) Hotel/Club Beverage License--$2000.00
For sale of Liquor for on-premise consumption on hotel or club
premises.
Each License granted shall be valid for two (2) years from the date
of issuance plus or minus any such period of less than one year as may
be necessary to conform to a date for the renewal of all Licenses
issued pursuant to this Ordinance, as established from time to time by
rule of the Tribal Gaming Commission. Pursuant to the authority granted
to the Tribal Gaming Commission under this Ordinance, the Tribal Gaming
Commission may revise these License types and fees as appropriate from
time to time at their discretion. The Tribal Gaming Commission may also
assess an administrative fee for processing each License application,
which shall be in addition to the License fee.
(f) Issuance of License.
The Tribal Gaming Commission may issue a License if it believes
that; (1) the issuance of such a License would be in the best interest
of the Tribe; and (2) the applicant is competent, eligible for a
License under this Ordinance, and has demonstrated a substantial
working understanding of this Ordinance and any other relevant State,
Federal or Tribal laws applicable to the applicant's sale of Liquor on
Tribal Lands.
Licensure under this Ordinance is a privilege, not a right, and the
decision to issue any License rests in the sole discretion of the
Tribal Gaming Commission. No member of the Tribal Gaming Commission
shall be a part of the decision making process of an application
submitted by a Tribal
[[Page 21044]]
Gaming Commission member or any Person in the immediate family of a
Tribal Gaming Commission member.
(g) Conditions of License.
(1) Any License issued under this Ordinance shall be subject to
such reasonable conditions as the Tribal Gaming Commission shall fix,
including, but not limited to, the following:
(A) Term of License. Each License shall be for a term of two years
from the date of issuance plus or minus any such period of less than
one year as may be necessary to conform to a date for the renewal of
all Licenses issued pursuant to this Ordinance, as established from
time to time by rule of the Tribal Gaming Commission.
(B) Temporary License. The Tribal Gaming Commission may grant a
temporary permit for the sale of Liquor for a period not to exceed
three days to any Persons applying for the same in connection with a
tribal or community activity provided that the application requirements
under this Ordinance have been satisfied. Each temporary permit issued
shall specify the type of Liquor to be sold, the time, date and
location permitted. A separate fee, set by the Tribal Gaming
Commission, will be assessed for temporary permits.
(C) Renewal of License. A licensee may renew its License(s) for
successive periods of no more than 24 calendar months if it has
complied in full with this Ordinance and has maintained all other
licenses required by applicable law, provided however, the Tribal
Gaming Commission may refuse to renew a License if it finds that doing
so would not be in the best interests of the Tribe or the health and
safety of Patrons. This subparagraph (C) shall not apply to Temporary
Licenses issued under subparagraph (B) which shall not be subject to
renewal.
(D) Liquor shall be sold, served, disposed of, delivered, or given
to any Person and consumed on the licensed premises in conformity with
the hours and days prescribed by the laws of the State of Oklahoma and
in accordance with the hours fixed by the Tribal Gaming Commission.
(E) All acts and transactions under authority of a License shall be
in conformity with State and Federal law, and shall be in accordance
with this Ordinance and any License issued pursuant to this Ordinance.
(h) Transferability of Licenses.
Unless authorized in writing by the Tribal Gaming Commission, a
License issued by the Tribal Gaming Commission shall not be
transferable Person to Person or place to place and may only be
utilized by the Person in whose name it was issued.
Article 9 Licensee Prohibitions
(a) No licensee shall sell Liquor for consumption off the licensed
premises.
(b) No Person under the age of twenty-one (21) shall be sold,
served, delivered, given, or allowed to consume Liquor on a licensed
premises.
(1) In any alleged violation arising out of sale of Liquor to a
Person under the age of twenty one years, it shall be an affirmative
defense that the licensee reasonably relied upon an apparently valid
form of identification specified in Article 9(b).
(2) Whenever it reasonably appears to a licensee's employee duly
dispensing Liquor pursuant to this Ordinance that a Person seeking to
purchase Liquor is under the age of (27) years, the prospective
purchaser shall not be served unless such Person exhibits at the time
and place of sale, apparently and facially valid forms of the following
documentary forms of identification which shows his/her correct age and
bears his/her signature and photograph:
(A) Driver's license of any state or identification card issued by
any State Department of Motor Vehicles;
(B) United States Active Duty Military identification card;
(C) United States Passport; or
(D) A foreign passport accompanied by an entrance visa issued by
the United States Department of State.
(c) No licensee shall allow Liquor to be served by a barkeeper,
wait staff or other Person employed by or working in a licensed
premises who is under the age of twenty-one (21).
(d) No Liquor shall be sold at any form of a discounted price such
as (as non-limiting examples) two for one during certain times, half
price during certain times, or consumption promoted by free food or by
other complimentary goods or services provided in the vicinity of an in
conjunction with the sale of Liquor.
(e) No Liquor shall be given away.
(f) No Person licensed to sell Liquor shall permit any gambling to
occur on the licensed premises other than gambling permitted by the
Gaming Ordinance of the Tribe at a Gaming Facility and pursuant to
appropriate licenses granted therefor.
(g) No licensee shall serve Liquor to any Patron or other Person
who is visibly intoxicated or to any employee of the licensee. All
licensees shall be privileged to refuse to serve Liquor to any Patron.
Article 10 Taxes and Collection of Fees; Records
(a) The Tribe hereby levies a tax of (three percent) on each retail
sale of Liquor on Tribal Lands. The Tribe reserves the right to adjust
such tax from time to time by resolution as may be required and will
provide written notice to the Tribal Gaming Commission of any changes
in the amount of such retail tax. The tax imposed by this section shall
apply to all retail sales of Liquor on Tribal Lands. Such tax shall be
in addition to any required Oklahoma State Alcohol tax on retail sales
occurring on Tribal Lands.
(b) Payment of Retail Liquor Tax to the Tribe.
All tax from the retail sale of Liquor on Tribal Lands under this
Ordinance shall be collected by licensees and paid to the Kiowa Tax
Commission.
(c) Taxes Due; Returns.
All fees upon the retail sale of Liquor shall be due and payable by
licensees to the Kiowa Tax Commission on the first day of the month
following the end of each calendar quarter during the term of the
License. Past due taxes shall accrue interest at two percent (2%) per
month or fraction thereof, which interest shall be deemed to be an
addition to the tax. With each payment of the tax, the licensee shall
submit on forms prescribed by the Kiowa Tax Commission, a return duly
completed and certified as accurate.
(d) Licensee's Duty to Keep Records; Tribal Gaming Commission's
Prerogative to Audit Records.
(1) Each licensee shall keep reasonable written records of its
purchase of Liquor at wholesale, its sale of Liquor at retail and its
payment of taxes imposed under this Ordinance. Such records shall
conform to generally accepted accounting principles and to any
regulations from time to time duly promulgated by the Tribal Gaming
Commission, pursuant to this Ordinance.
(2) Such records shall in any event include complete files of
records of original entry, journals upon which all relevant
transactions are recorded, and bank statements reflecting all purchases
and sales of Liquor.
(3) By the act of applying for a License to sell Liquor under this
Ordinance, the applicant shall by operation of law be deemed to have
irrevocably agreed to submit to the Tribal Gaming Commission and Kiowa
Tax Commission for review or audit the licensee's books and records
relating to the sale of Liquor. Said review or audit may be done
periodically by the Tribal Gaming Commission or Kiowa Tax
[[Page 21045]]
Commission through its agents or employees whenever in the discretion
of the Tribal Gaming Commission or Kiowa Tax Commission such a review
or audit is necessary or otherwise appropriate to verify the accuracy
of reports.
(4) The Tribal Business Committee and the Kiowa Tax Commission
shall have access to all written records required to be maintained by
Licensees under this Ordinance.
(e) Disposition of Funds Collected by the Tribal Gaming Commission
in respect of the Licensing and Sale of Liquor.
(1) The gross proceeds collected by the Tribal Gaming Commission
from the issuance of Licenses for the sale of Liquor and from
proceedings involving violations of this Ordinance shall be distributed
to the Tribal Gaming Commission for the payment of all necessary
personnel, administrative costs, and legal fees incurred in the
enforcement of this Ordinance, including, but not limited to,
reasonable reserves in aggregate amounts of up to the full amount of
the annual budget of the Tribal Gaming Commission plus $300,000. and
any surplus over such amounts and reserves shall as received be
promptly paid over to the Kiowa Tax Commission for use for the purposes
of the Tribe.
(2) The Tribal Gaming Commission shall provide an annual report to
the Tribal Business Committee setting forth an accounting of the funds
received and expended under this Ordinance.
Article 11 Abatement
(a) Any Public Place where Liquor is sold, manufactured, bartered,
exchanged, given away, furnished, or otherwise disposed of in violation
of the provisions of this Ordinance, and all property kept in and used
in maintaining such place, is hereby declared to be a public nuisance.
(b) The Tribal Gaming Commission by its representative duly
authorized by resolution by the Tribal Gaming Commission shall have
standing, power and authority to institute and prosecute in an action
in the Tribal Court or at the election of the Tribal Gaming Commission
and subject to the jurisdictional rules that may apply, in the Federal
District Court for the Western District of Oklahoma, a civil action to
abate and enjoin any nuisance declared by the Tribal Gaming Commission
under this Ordinance.
(1) Upon establishment that probable cause exists to find that a
nuisance exists, the court may grant restraining orders, temporary
injunctions, and permanent injunctions in the case as in other
injunction proceedings. Upon final judgment against the defendant, the
court may also order the room, structure, or place closed for a period
of one year or (if a lesser period is warranted) until the owner,
lessee, tenant, or occupant thereof shall give bond of sufficient sum
but not less than ten thousand dollars $10,000, payable to the Tribal
Gaming Commission, (A) The bond must be, in form acceptable to the
Tribal Gaming Commission, and (B) conditioned that Liquor will not be
thereafter manufactured, kept, sold, bartered, exchanged, given away,
furnished, or otherwise disposed of thereof in violation of the
provision of this Ordinance, and that the defendant will pay all fines,
costs and damages assessed against him/her for any violation of this
Ordinance.
(2) The Commission will return the bond to the owners, lessee,
tenant, or occupant one year after submission of such bond to the
Tribal Gaming Commission if the Commission has determined that there
have been no further violations of the Ordinance within such period by
the defendant.
(3) If any conditions of the bond are violated, the whole amount
may be forfeit and available for the use of Tribal Gaming Commission.
(4) In all cases where any Person has been found responsible for a
violation of this Ordinance relating to manufacture, importation,
transportation, possession, distribution, and sale of Liquor: (A) An
action may be brought to abate as a public nuisance the use of any real
estate or other property involved in the violation of this Ordinance;
and (B) proof of violation of this Ordinance shall be prima facie
evidence that the room, house, building, vehicle, structure, or place
against which such action is brought is a public nuisance.
Article 12 Severability
If any provision or application of this Ordinance is determined by
review to be invalid, such determination shall not be held to render
ineffectual the remaining portions of this Ordinance or to render such
provisions inapplicable to other Persons or circumstances. Any and all
prior tribal laws, resolutions or statutes of the Kiowa Indian Tribe of
Oklahoma which are inconsistent with the provisions of this Ordinance
are hereby rescinded and repealed to the extent inconsistent with this
Ordinance.
Article 13 Application of 18 U.S.C. 1161
Federal law requires that any authorization for the sale of Liquor
must be in conformity with the laws of the State and approved by an
ordinance duly adopted by the tribe having jurisdiction over such area
of Indian country. All acts and transactions under this Ordinance shall
be in conformity with Federal law and the laws of the State of Oklahoma
as applicable.
Article 14 Effective Date
This Ordinance shall be effective after the Secretary of the
Interior certifies the Ordinance and on the date it is published in the
Federal Register.
Article 15 Sovereign Immunity
Nothing contained in this Ordinance is intended to, nor does it in
any way, limits, alters, restricts, or waives the sovereign immunity of
the Tribe or its agencies and instrumentalities from unconsented suit
or action of any kind.
Article 16 Duration
This Ordinance shall be perpetual until repealed or amended by the
Kiowa Indian Tribe of Oklahoma.
Article 17 Limitations
Notwithstanding anything contained herein to the contrary, until
this Ordinance is further amended as provided in Article 16, no sale of
Liquor shall be permitted on Tribal Lands other than at a Gaming
Facility.
[FR Doc. E7-8092 Filed 4-26-07; 8:45 am]
BILLING CODE 4310-4J-P
