Sac & Fox Tribe of the Mississippi in Iowa Liquor Control Code, 54607-54612 [E8-22019]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54607-54612]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22019]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Sac & Fox Tribe of the Mississippi in Iowa Liquor Control Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Code of the Sac & Fox 
Tribe of the Mississippi in Iowa. The Code regulates and controls the 
possession, sale, and consumption of liquor within the tribal lands. 
The tribal lands are located in Indian Country and this Code allows for 
possession and sale of alcoholic beverages within their boundaries. 
This Code will increase the ability of the tribal government to control 
the tribe'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.

DATES: Effective Date: This Ordinance is effective September 22, 2008.

FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations 
Officer, Midwest Regional Office, One Federal Drive, Room 550, Ft. 
Snelling, MN 55111, Telephone (612) 725-4554; or Elizabeth Colliflower, 
Office of Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, 
Washington, DC 20240; Telephone (202) 513-7627; Fax (202) 501-0679.

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 Sac & Fox Tribe of the Mississippi 
in Iowa, Tribal Council adopted this Liquor Code on June 11, 2008. The 
purpose of this Code is to govern the sale, possession and distribution 
of alcohol within the Sac & Fox Tribe of the Mississippi in Iowa tribal 
land.
    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 Code of the Sac & Fox Tribe 
of the Mississippi in Iowa was duly adopted by the Sac & Fox Tribal 
Council on June 11, 2008.

    Dated: September 11, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
    The Sac & Fox Tribe of the Mississippi in Iowa Liquor Control Code 
reads as follows:

[[Page 54608]]

SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA
TITLE 21. LIQUOR CONTROL
ARTICLE I
GENERAL PROVISIONS
CHAPTER 1. GENERALLY
Sec. 21-1101. Authority and Purpose.
    The purpose of this Title is to regulate and control the 
distribution, possession and sale of liquor within lands subject to the 
jurisdiction of the Sac and Fox Tribe of the Mississippi in Iowa. The 
authority for enactment of this Title is as follows:
    (a) The Act of August 15, 1953, (Pub. L. 83-277, 67 Stat. 586, 
codified at 18 U.S.C. Sec.  1161), which provides a federal statutory 
basis for the Tribe to regulate the activities of the manufacture, 
distribution, sale and consumption of liquor on Indian lands under the 
jurisdiction of the Tribe; and
    (b) Article X, Section 1 (e), (h), (k), and (n) of the Constitution 
and Bylaws of the Sac and Fox Tribe of the Mississippi in Iowa, which 
vests the Tribal Council with legislative and administrative authority 
to protect and preserve the property and natural resources of the 
Tribe; to protect the peace, safety, and general welfare of the Tribe; 
to preserve order among members of the Tribe; to impose license fees on 
persons coming upon Tribal Lands to do business; and otherwise empowers 
the Tribal Council to act for the Tribe. This Title 21 was approved and 
adopted by the Tribal Council on June 11, 2008 by Resolution No. 10-
2008.
Sec. 21-1102. Public Policy.
    It is the policy of the Tribe to strictly limit the sale of liquor 
on Tribal Lands. The Tribal Council has determined that the regulated 
sale and consumption of Alcoholic Beverages at the site of the Casino 
Property is an appropriate activity that will enhance the revenues of 
the Tribe's Casino Enterprise. Accordingly, sales of Alcoholic 
Beverages shall be permitted, but shall be geographically limited to 
Casino Property and strictly regulated in accordance with this Title 
and the Regulations.
Sec. 21-1103. Citation.
    This Title shall be cited as the ``Sac and Fox Tribe of the 
Mississippi in Iowa Liquor Control Act'' and may also be referred to as 
``Title 21.''
Sec. 21-1104. Federal Approval.
    This Title, as of the Effective Date, has been approved by the 
United States Secretary of the Interior, in accordance with 18 U.S.C. 
Section 1161.
Sec. 21-1105. Effective Date.
    This Title is effective as of September 22, 2008, the date of 
publication in the Federal Register.
Sec. 21-1106. Definitions.
    Unless the context requires otherwise, as used in this Title:
    (a) ``Alcoholic Beverage'' means any intoxicating liquor, beer, or 
any wine as defined under the provisions of this Title.
    (b) ``Application'' means a formal written request for the issuance 
of a Liquor License, supported by a verified statement of facts, as 
described in detail at Section 21-3107 of this Title.
    (c) ``Beer'' means any liquid capable of being used for beverage 
purposes made by the fermentation of an infusion in potable water of 
barley, malt, and hops, with or without unmalted grains or decorticated 
and degerminated grains or made by the fermentation of or by 
distillation of the fermented products of fruit, fruit extracts, or 
other agricultural products, containing more than one-half of one 
percent of alcohol by volume but not more than five percent of alcohol 
by weight but not including mixed drinks or cocktails mixed on the 
premises.
    (d) ``Casino Enterprise'' means the Meskwaki Bingo Casino Hotel, a 
casino and hotel operation located on Tribal Lands and wholly owned by 
the Tribe.
    (e) ``Casino Property'' means all real property, including the 
buildings, adjacent parking lots and all related infrastructure that 
comprise the Casino Enterprise.
    (f) ``Code'' means the Code of the Sac and Fox Tribe of the 
Mississippi in Iowa, including any amendments thereto.
    (g) ``Director'' means the Director of Liquor Control as described 
in detail at Section 21-2102 of this Title.
    (h) ``Distributor'' means a Person duly licensed by the State and 
the Tribe who is entitled to purchase, sell, manufacture, deliver and/
or distribute all forms of Alcoholic Beverages to licensed retail 
establishments within the State, including the Casino Enterprise.
    (i) ``Intoxicating Liquor'' means any liquid either commonly used, 
or reasonably adopted to use for beverage purposes, containing in 
excess of three and two-tenths percentum of alcohol by weight. This 
shall include any type of wine, regardless of alcohol content.
    (j) ``Liquor License'' means a Tribal liquor license issued in 
accordance with Chapter 3 of this Title.
    (k) ``Person'' means any individual, association, partnership, 
corporation, joint venture or other form of business association.
    (l) ``Qualified Sponsor'' means the sponsor of a Special Event, 
which may be (i) a duly authorized representative of the Casino 
Enterprise, (ii) a State licensed distributor, wholesaler or 
manufacturer of Alcoholic Beverages; or (iii) other Person possessing 
the requisite license and other legal authority to conduct the proposed 
activity on Tribal Lands.
    (m) ``Regulations'' means all Regulations adopted under this Title 
in accordance with Section 21-2103 hereof.
    (n) ``Sale'' or ``Sell'' means and includes the exchange, barter, 
and traffic and also includes the selling or supplying or distributing 
by any means whatsoever of any Intoxicating Liquor or beer.
    (o) ``Special Event'' means any social, charitable or for-profit 
discreet activity or event (i) licensed hereunder; (ii) conducted on 
Casino Property by a Qualified Sponsor; and (iii) overseen by Casino 
Enterprise management, at which Alcoholic Beverages are sold by a 
vendor, wholesaler or distributor licensed by the State and/or the 
Tribe, as applicable.
    (p) ``State'' means the State of Iowa.
    (q) ``Tribal Constitution'' means the Constitution and Bylaws of 
the Sac and Fox Tribe of the Mississippi in Iowa, approved by the 
Secretary of the Interior on October 15, 1937, and any amendments 
thereto.
    (r) ``Tribal Council'' means the duly elected governing body of the 
Tribe.
    (s) ``Tribal Lands'' means all land owned by the Tribe over which 
the Tribe exercises jurisdiction, whether held in trust for the Tribe 
by the United States of America for the benefit of the Tribe, owned in 
fee simple by the Tribe, or otherwise.
    (t) ``Tribe'' means the Sac and Fox Tribe of the Mississippi in 
Iowa.
    (u) ``Wholesaler'' means any person, other than a vintner, brewer 
or bottler of beer or wine, who shall sell, barter, exchange, offer for 
sale, have in possession with intent to sell, deal or traffic in 
alcoholic liquor, wine, or beer. A wholesaler shall not sell for 
consumption upon Tribal Lands.
    (v) ``Wine'' means any beverage containing more than five percent 
of alcohol by weight but not more than seventeen percent of alcohol by 
weight or twenty-one and twenty-five hundredths percent of alcohol by 
volume obtained by the fermentation of the natural sugar contents of 
fruits or other agricultural products but excluding any product 
containing alcohol derived from malt or by the distillation process 
from grain, cereal, molasses, or cactus.

[[Page 54609]]

Sec. 21-1107. Construction.
    This Title shall be interpreted and applied in a manner consistent 
with all other laws, ordinances, resolutions, and regulations of the 
Tribe.
Sec. 21-1108. Severability.
    If a court of competent jurisdiction finds any provision of this 
Title to be invalid or illegal under applicable Federal or Tribal law, 
such provision shall be severed from this Title and the remainder of 
this Title shall remain in full force and effect.
Sec. 21-1109. Headings.
    Headings contained herein shall not be deemed to govern, limit, 
modify, or in any manner affect the scope, meaning, or intent of the 
provisions of any portion of this Title.
Sec. 21-1110. Amendments.
    This Title may be amended only upon an affirmative vote of a 
majority of the Tribal Council, the approval of the Secretary, and the 
publication of the approved amendment in the Federal Register.
CHAPTER 2. REGULATION OF INTOXICATING LIQUOR.
Sec. 21-2101. General Prohibition
    It shall be unlawful to manufacture for sale, sell, offer, or keep 
for sale, possess or transport all forms of Intoxicating Liquor or beer 
except upon the terms, conditions, limitations, and restrictions 
specified in this Title and the Regulations.
Sec. 21-2102. Director Appointment and Authority.
    The Tribal Council shall appoint a Director of Liquor Control who 
shall have the following duties and authority:
    (a) To publish and enforce this Title and the rules and Regulations 
governing the sale, manufacture, and distribution of Intoxicating 
Liquor and beer on Tribal Lands;
    (b) To employ or procure the services of managers, accountants, 
security personnel, inspectors, and such other persons as shall be 
reasonably necessary to allow the Director and/or the Tribal Council to 
perform their respective functions under this Title;
    (c) To issue Liquor Licenses, with the approval of the Tribal 
Council, permitting the sale or distribution of liquor on Tribal Lands;
    (d) To convene and facilitate Tribal Council hearings on violations 
of this Title for the issuance or revocation of licenses hereunder;
    (e) To bring suit in the appropriate court to enforce this Title as 
necessary;
    (f) To determine and seek damages for violation of this Title;
    (g) To make such reports as may be required;
    (h) To compile information and conduct background investigations to 
determine the suitability of an applicant for a Liquor License;
    (i) To collect fees levied or set in accordance with this Title, 
and to keep accurate records, books and accounts;
    (j) To develop forms for applications, licenses and other matters 
covered by this Title;
    (k) To take or facilitate all action necessary to follow or 
implement applicable provisions of State law, as required;
    (l) To coordinate with other departments and agencies of the Tribe 
to ensure the effective enforcement of this Title and the Regulations; 
and
    (m) To exercise such other powers as are necessary and appropriate 
to fulfill the purposes of this Title.
Sec. 21-2103. Promulgation of Regulations.
    The Director is hereby authorized to make rules and Regulations not 
inconsistent with this Title to the end that this Title shall be 
applied and administered uniformly throughout Tribal Lands. All such 
proposed Regulations shall be first submitted to the Tribal Council for 
consideration, possible revision and final approval. Following approval 
by the Tribal Council, copies of all Regulations shall be made 
available to all persons subject to this Title.
Sec. 21-2104. Director as Employee of Tribe.
    The Director and other individuals employed under the Director's 
supervision shall be employees of the Tribe. The Director may be 
removed for cause at any time by vote of the Tribal Council.
Sec. 21-2105. Interim Appointment.
    As of the Effective Date, the Tribal Council designates the Tribe's 
Executive Director to serve as the Director of Liquor Control until 
such time as a permanent appointment is made in accordance with this 
Title.
Sec. 21-2106. Inspection Rights.
    The premises on which Intoxicating Liquor and beer is sold or 
distributed shall be open for inspection by the Director or his 
designee at all reasonable times for the purpose of ascertaining 
whether this Title and the rules and Regulations promulgated hereunder 
are being strictly followed.
Sec. 21-2107. Tribal Control of Importation and Sale of Intoxicating 
Liquor.
    The Tribal Council shall have the sole and exclusive right to 
control and restrict the importation of all forms of Intoxicating 
Liquor and beer, except as otherwise provided in this Title and no 
person or organization shall so import any such Intoxicating Liquor or 
beer into the Tribal Lands, unless authorized by a Liquor License 
issued under this Title. No licensed distributor, wholesaler or 
distillery shall sell any form of Intoxicating Liquor or beer within 
the Tribal Lands to any person or organization unless licensed 
hereunder and except as otherwise provided in this Title. It is the 
intent of this Section to retain in the Tribal Council exclusive 
control within Tribal Lands as the sole authorizer and controller of 
all forms of Intoxicating Liquor and beer sold by retailers, 
distributors, wholesalers or vendors within the Tribal Lands or 
imported therein, and except as otherwise provided in this Title. The 
powers of the Director under this Title are by express delegation of 
the Tribal Council.
Sec. 21-2108. Limitation on Powers.
    In the exercise of their respective powers and duties under this 
Title, the Director, the Tribal Council, and their individual members, 
representatives and employees, shall not accept any gratuity, 
compensation or other thing of value from any liquor wholesaler, 
retailer, or distributor or from any licensee or applicant under this 
Title.
Sec. 21-2109. Possession of Liquor Contrary to this Title.
    All forms of Intoxicating Liquor and beer which are possessed 
contrary to the terms of this Title are declared to be contraband. Any 
Tribal agent, employee, or officer who is authorized by this Title and 
the Regulations to enforce this Section shall have the authority to and 
shall seize all contraband.
Sec. 21-2110. Disposition of Seized Contraband.
    Any officer, employee or agent of the Tribe seizing contraband 
shall preserve the contraband in accordance with applicable law. Upon 
being found in violation of this Title, the party shall forfeit all 
right, title and interest in the items seized which shall become the 
property of the Tribe.

[[Page 54610]]

CHAPTER 3. LIQUOR LICENSES.
Sec. 21-3101. Power to License and Tax.
    The power to establish licenses and levy taxes under the provisions 
of this Title is vested exclusively with the Tribal Council. The Tribal 
Council has delegated certain authority and responsibilities to the 
Director of Liquor Control and to the Tax Director, each in accordance 
with the express provisions in this Title and Title 17 (Taxation). The 
Tribal Council retains primary responsibility for implementation, 
oversight and enforcement of this Title.
Sec. 21-3102. Types of Licenses
    There is hereby authorized three categories of Liquor Licenses, as 
follows:
    Class I--Retail,
    Class II--Special Event, and
    Class III--Distributor.
Sec. 21-3103. Class I--Retail License Description.
    Only one Class I Retail License shall be permitted under this 
Title. Such license shall be approved subject to the Director's 
determination, with the concurrence of the Tribal Council, that all of 
the conditions set forth at Section 21-3108 have been fully satisfied. 
Upon recommendation of the Director, the Tribal Council may, on or 
following the Effective date, issue a Class I--Retail License to the 
business operation of the Tribe known as the ``Meskwaki Bingo Casino 
Hotel.'' The Class I--Retail License shall entitle the Casino 
Enterprise to sell at retail in restaurants, bars, and other areas 
designated by Regulation, any Alcoholic Beverages permitted hereunder. 
All such sales shall be strictly limited to the physical area defined 
herein as the Casino Property. All purchases, deliveries and retail 
sales of Alcoholic Beverages on the Casino Property shall be in strict 
compliance with this Title, the terms of the Liquor License and the 
Regulations promulgated hereunder.
Sec. 21-3104. Class II--Special Event License Description.
    Upon (i) request of the General Manager of the Casino Enterprise or 
his designee, and (ii) recommendation of the Director, a Class II--
Special Event License may be issued by the Tribal Council to the 
Qualified Sponsor of a Special Event. The duration of such license 
shall be established at the time of issuance; provided, however, the 
duration shall not be longer than fourteen (14) days. The license shall 
entitle the Qualified Sponsor to sell at retail the type(s) of 
Alcoholic Beverages specified in the license. All Alcoholic Beverage 
sales approved under the terms of the Class II--Special Event License 
shall comply in all respects with this Title and the Regulations 
promulgated hereunder.
Sec. 21-3105. Class III--Distributor License Description.
    A Class III--Distributor License may be issued to an applicant who 
(i) is licensed by the State to purchase all forms of Intoxicating 
Liquor and beer at wholesale and to distribute to retail outlets in the 
State, and (ii) who meets the criteria under this Title and the 
Regulations to sell Intoxicating Liquor and beer to the Casino 
Enterprise.
Sec. 21-3106. Term of Licenses.
    The terms of the various Liquor Licenses are as follows:
    Class I--Retail: two years;
    Class II--Special Events: one to fourteen days; and
    Class III--Distributor: two years.
Sec. 21-3107. Procedure for Obtaining Licenses.
    (a) The Class I--Retail License authorized hereunder shall be 
issued to the Casino Enterprise subject to a recommendation by the 
Director and a determination by the Tribal Council's that the Casino 
Enterprise has satisfied the criteria described in Section Sec. 21-3108 
of this Title.
    (b) A Class II--Special Event License may be issued upon 
recommendation of the Director to an applicant who meets the definition 
of a Qualified Sponsor. The process for application shall be 
established by Regulation and shall include proof that the applicant 
holds all necessary State licenses.
    (c) A Class III--Distributor License may be issued upon 
recommendation of the Director to an applicant who meets the criteria 
for a Distributor. The process for application shall be established by 
Regulation and shall include proof that the Applicant holds all 
necessary State licenses.
    (d) In the event dual Tribal and State licenses are required by 
State law, no Person shall be allowed or permitted to sell, distribute 
or provide Intoxicating Liquor or beer on Tribal Lands unless such 
person is also licensed by the State, as required, to sell or provide 
such Intoxicating Liquor and beer.
Sec. 21-3108. Conditions to Issuance of Class I--Retail License.
    In addition to requirements established by Regulation and other 
provisions of this Title, Tribal Council may, upon recommendation of 
the Director, issue the Class I--Retail License to the Casino 
Enterprise only after the Tribal Council has determined to its 
satisfaction that the Casino Enterprise has adopted and is prepared to 
implement the following procedures and requirements, as necessary to 
ensure compliance with this Title and the Regulations:
    (a) Security and surveillance procedures ensuring the proper use 
and handling of all forms of Alcoholic Beverages;
    (b) Appropriate revenue and accounting procedures pertaining to the 
purchase and sale of Alcoholic Beverages;
    (c) Inventory control procedures and adequate storage, dispensing, 
service, management, pricing and security measures relating to the 
purchase and sale of Alcoholic Beverages;
    (d) Identification procedures to ensure that no person under the 
age of twenty-one will be served any form of Alcoholic Beverage;
    (e) Procedures ensuring that all aspects of Alcoholic Beverage 
management, purchase and sale comply with Tribal and any applicable 
State laws;
    (f) Casino personnel have received appropriate training relating to 
compliance with this Title and the Regulations, service of Alcoholic 
Beverages, safety, health, revenue management and patron management 
issues;
    (g) The Gaming Commission has reviewed the procedures for Alcoholic 
Beverage sales and has determined that such sales are not in violation 
of any provision of the Tribal-State Compact, the Gaming Code, the 
Gaming Regulations or other applicable law relating to gaming; and
    (h) Such other requirements as the Director and the Tribal Council 
shall impose by Regulation.
Sec. 21-3109. Content of Liquor License Application.
    (a) No Class II or Class III Liquor License shall issue under this 
Title except upon a sworn Application filed with the Director 
containing a full and complete showing of the following:
    (1) Satisfactory proof that the applicant is licensed by the State 
to sell, distribute, manufacture or transport, as applicable, 
Intoxicating Liquor and/or beer.
    (2) Agreement by the applicant to accept and abide by Tribal law 
and all conditions of the Tribal license.
    (3) Payment of a license fee as prescribed by the Director.
    (4) Satisfactory proof that the applicant has not been convicted of 
a

[[Page 54611]]

felony or had his/her/its State license revoked or suspended.
    (5) Satisfactory proof that notice of the Application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least 30 days prior to 
consideration by the Tribal Council and has been published at least 
once in the Tribal newspaper. The notice shall state the date, time, 
and place when the application shall be considered by the Tribal 
Council pursuant to Sec. 21-3110 of this Title.
    (b) Any holder of a Tribal Liquor License shall be required to 
comply, as a condition of retaining such license, with all applicable 
Tribal laws and regulations.
Sec. 21-3110. Hearing on Application for Tribal Liquor License.
    (a) All applications for a Tribal Liquor License shall, upon 
recommendation of the Director, be considered by the Tribal Council in 
open session at which the applicant, his/her attorney, and any person 
protesting the application shall have the right to be present, and to 
offer sworn oral or documentary evidence relevant to the Application. 
After the hearing, the Tribal Council, by vote and Resolution, shall 
determine whether to grant or deny the application based on:
    (1) Whether the requirements of this Title and the Regulations have 
been met; and
    (2) Whether the Director, with the approval of the Tribal Council, 
in its discretion, determines that granting the license is in the best 
interest of the Tribe.
    (c) In the event the applicant for the Class II--Special Event 
License is a duly authorized representative of the Casino Enterprise, 
the requirements of this Section may be modified upon a showing by the 
applicant that all safety, health, security, inventory control, 
management and other matters pertaining to the Special Event conform in 
all respects with this Title and the Regulations.
Sec. 21-3111. License Fees.
    The fee schedule for Liquor Licenses shall be established by the 
Director with the approval of the Tribal Council.
Sec. 21-3112. License not a Property Right.
    Notwithstanding any other provision of this Title, a Tribal Liquor 
License is a mere permit for a fixed duration of time. A Tribal Liquor 
License shall not be deemed a property right or vested right of any 
kind, nor shall the granting of a Tribal Liquor License give rise to a 
presumption of legal entitlement to a license in a subsequent time 
period.
Sec. 21-3113. No Transfer or Assignment.
    No Tribal Liquor License issued under this Title may be assigned or 
transferred without the prior written approval of the Tribal Council, 
as expressed by formal Resolution.
Sec. 21-3114. Revocation of License.
    Upon recommendation of the Director, the Tribal Council may revoke 
a Liquor License for reasonable cause upon notice and hearing at which 
the licensee shall be given an opportunity to respond to any charges 
against it and to demonstrate why the Liquor License should not be 
suspended or revoked.
CHAPTER 4. REGULATION OF LIQUOR SALES AND DISTRIBUTION.
Sec. 21-4101. Retail Sales Limited to Tribal Casino Enterprise.
    The retail sale of Intoxicating Liquor on Tribal Lands shall be 
prohibited except for (i) retail sales that comply with this Title, and 
(ii) retail sales that occur within the Casino Property.
Sec. 21-4102. Importation and Delivery of Liquor.
    No Intoxicating Liquor or beer may be imported for resale or 
otherwise distributed on Tribal Lands except in conformance with this 
Title.
Sec. 21-4103. Additional Prohibitions.
    (a) A person shall not sell or dispense any Alcoholic Beverage on 
the premises covered by the Tribal Liquor License except in conformance 
with the days and hours established by the State during which Alcoholic 
Beverages may be sold at retail for consumption on the premises.
    (b) 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 a motor vehicle or shall have any Alcoholic Beverage 
in his/her possession with intent to sell or distribute without a 
license, shall be guilty of a violation of this Title.
    (c) Any person who sells any form of Intoxicating Liquor or beer to 
a person apparently under the influence of liquor shall be guilty of a 
violation of this Title.
Sec. 21-4104. Use and Consumption.
    All Alcoholic Beverage sales shall be for the personal use and 
consumption of the purchaser. Resale of any Alcoholic Beverage 
purchased within Tribal Lands is prohibited. Any person who is not 
licensed pursuant to this Title who purchases an Alcoholic Beverage 
within Tribal Lands and sells it, whether in the original container or 
not, shall be guilty of a violation of this Title and shall be subject 
to criminal and/or civil penalties under this Title, the Law and Order 
Code, and the Regulations.
Sec. 21-4105. Cash Sales Only.
    All sales of Alcoholic Beverages within Tribal Lands 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 use of major credit cards.
    Sec. 21-4106. Tribal Sales Tax.
    a) The Tribal Tax Director shall have jurisdiction over all matters 
pertaining to a sales tax on Alcoholic Beverages sold on Tribal Lands. 
The amount of such tax shall be determined by the Tribal Tax Director 
with the approval of the Tribal Council, all in accordance with Title 
17 (Taxation) of the Code.
    b) The Tribal Treasurer shall establish a tax revenue account for 
the Tribe. The money received by the Tax Department from the taxes 
imposed by this Title shall be credited by the Treasurer to the tax 
revenue account of the Tribe to be used in the provision of tribal 
governmental services, including, but not limited to health, education, 
safety and welfare.
CHAPTER 5. AGE AND OTHER RESTRICTIONS.
Sec. 21-5101. Sales to Persons Under 21.
    It shall be unlawful to sell or give any Alcoholic Beverage to any 
person under the age of twenty-one (21) years. Any Person who violates 
this section shall be guilty of a Class 4 Offense as described at Sec. 
13-51107 of the Law and Order Code of the Tribe. Violations of this 
Section by persons or entities which are not subject to the criminal 
jurisdiction of the Tribe may, following notice and a hearing, be 
subject to a civil penalty in accordance with the Regulations 
promulgated hereunder. The levy of a civil penalty by the Director 
under this Section is in addition to the power to suspend or revoke any 
Liquor License and to report such violation to the appropriate State 
authorities.
Sec. 21-5102. Purchase, Possession by Minor.
    It shall be unlawful for any person under the age of twenty-one 
(21) years to purchase, attempt to purchase or possess or consume any 
form of Alcoholic Beverage, or to misrepresent his age for the purpose 
of purchasing or attempting to purchase such Alcoholic Beverage. Any 
person who violates any

[[Page 54612]]

of the provisions of this section shall be guilty of a Class 5 offense 
as described at Section 13-51113 of the Law and Order Code of the 
Tribe. Violations of this Section by persons or entities which are not 
subject to the criminal jurisdiction of the Tribe may, following notice 
and a hearing, be subject to a civil penalty in accordance with the 
Regulations promulgated hereunder. The levy of a civil penalty by the 
Director under this Section is in addition to the power to suspend or 
revoke any license and to report such violation to the appropriate 
State authorities.
Sec. 21-5103. Evidence of Legal Age Demanded.
    Upon attempt to purchase any Alcoholic Beverage at a site licensed 
under this Title by any person who appears to the seller to be under 
legal age, such seller shall demand, and the prospective purchaser upon 
such demand, shall present satisfactory evidence that he or she is of 
legal age. Any person under legal age who presents to any seller 
falsified evidence as to his or her age shall be guilty of a Class 5 
Offense under Sec. 13-51113 of the Law and Order Code of the Tribe.
CHAPTER 6. JURISDICTION, PENALTIES AND ENFORCEMENT.
Sec. 21-6101. Jurisdiction
    All licensees and others who voluntarily enter onto Tribal Lands 
and transact business or otherwise engage in activity governed by this 
Title voluntarily submit to the jurisdiction of the Tribe and the 
personal jurisdiction of the Tribal Court System for purposes of 
enforcement of this Title and the Regulations.
Sec. 21-6102. Civil Penalties.
    The Director shall recommend to the Tribal Council a schedule of 
civil penalties and administrative fines as he/she deems necessary for 
the effective enforcement of this Title. Such schedule shall be 
considered and adopted by the Tribal Council in the form of a 
Regulation in accordance with Section 21-2103 of this Title. The 
imposition of any civil penalty or administrative fine shall not limit 
the ability of the Tribal Council, upon recommendation of the Director, 
to suspend or revoke any license issued hereunder for the violation of 
any of the provisions of this Title or the Regulations. The Director 
shall also propose regulations relating to the process for 
administrative hearings before the Tribal Council. [All final 
administrative orders may be appealed to the Tribal Court.]
    Sec. 21-6103. Criminal Violations.
    All criminal violations hereunder shall be prosecuted in accordance 
with laws of the Tribe, and applicable federal law. In the event a 
criminal act is committed by a person over whom the Tribe does not 
exercise criminal jurisdiction, then the matter may be referred to 
appropriate State authorities for prosecution under State law.
CHAPTER 7. USE OF PROCEEDS AND INTERPRETATION.
Sec. 21-7101. Application of Proceeds.
    The gross proceeds collected by the Director from all licensing 
activities under this Title and from fines imposed as a result of 
violations of this Title, shall be applied as follows:
    a) First, for the payment of all necessary personnel, 
administrative costs, and legal fees incurred in the enforcement of 
this Title; and
    b) Second, the remainder shall be deposited in the operating fund 
of the Tribe and expended by the Tribal Council for governmental 
services and programs on Tribal Lands.
Sec. 21-7102. Consistency With State Law.
    All provisions and transactions under this Title shall be in 
conformity with State law regarding alcohol to the extent required by 
18 U.S.C. Section 1161 and with all federal laws regarding alcohol in 
Indian Country, as defined at 18 U.S.C. Section 1151.
Sec. 21-7103. No Impact on Tribal Sovereignty.
    Nothing in this Title shall be applied or interpreted to in any 
manner limit the immunity of the Tribe from uncontested suit or to 
otherwise limit the sovereign status of the Tribe.
Sec. 21-7104. Prior Enactments Repealed.
    All prior Tribal enactments, laws, ordinances, resolutions or 
provisions thereof that are repugnant or inconsistent to any provision 
of this Title are hereby repealed.

[FR Doc. E8-22019 Filed 9-19-08; 8:45 am]
BILLING CODE 4310-4J-P