Fort Sill Apache Tribe Alcohol Control Ordinance, 13456-13462 [E9-6853]

Agencies

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

[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13456-13462]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6853]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Fort Sill Apache Tribe Alcohol Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes Fort Sill Apache Tribe Alcohol Control 
Ordinance. 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.

DATES: Effective Date: This Ordinance is effective on March 27, 2009.

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 Fort Sill Apache Tribe of Oklahoma 
Tribal Business Committee adopted its Alcohol Control Ordinance by 
Resolution No. FSABC-2008-2-A on August 21, 2007. This liquor control 
ordinance amends the first alcohol control ordinance 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 Alcohol Control Ordinance of the Fort Sill 
Apache Tribe of Oklahoma was duly adopted by the Business Committee on 
August 21, 2007.

    Dated: March 17, 2009.
George Skibine,
Deputy Assistant Secretary, for Policy and Economic Development.

    The Fort Sill Apache Tribe Alcohol Control Ordinance reads as 
follows:

[[Page 13457]]

Article I--Introduction

Section 3-8-010. Title

    This Ordinance shall be known as the ``Fort Sill Apache Tribe 
Alcohol Control Ordinance.''

Section 3-8-120. 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 and Article IV, Sec.  2, 
of the Constitution and By-Laws of the Fort Sill Apache Tribe of 
Oklahoma.

Section 3-8-130. Purpose

    The purpose of this Ordinance is to regulate and control the 
manufacture, distribution, possession, and sale of Alcohol on Tribal 
lands of the Fort Sill Apache Tribe of Oklahoma. The enactment of this 
Ordinance will enhance the ability of the Tribal government to control 
all such alcohol-related activities within the jurisdiction of the 
Tribe and will provide an important source of revenue for the continued 
operation and strengthening of the Tribal government and the delivery 
of Tribal government services.
    Section 3-8-140. Application of Federal Law.
    Federal law forbids the introduction, possession and sale of liquor 
in Indian Country (18 U.S.C. 1154 and other statutes), except when in 
conformity both with the laws of the State and the Tribe (18 U.S.C. 
1161). As such, compliance with this ordinance shall be in addition to, 
and not a substitute for, compliance with the laws of the States of 
Oklahoma, Arizona, or New Mexico.

Section 3-8-150. Administration of Ordinance

    The General Council, under its powers vested under the Constitution 
and Bylaws and this Ordinance, delegates to the Fort Sill Apache Tribe 
Tax Commission the authority to exercise all of the powers and 
accomplish all of the purposes as set forth in this Ordinance, which 
may include the following actions:
    A. Adopt and enforce rules and regulations for the purpose of 
effectuating this Ordinance, which includes the setting of fees;
    B. Execute all necessary documents; and
    C. Perform all matters and things incidental to and necessary to 
conduct its business and carry out its duties and functions under this 
Ordinance.

Section 3-8-160. Sovereign Immunity Preserved

    A. The Tribe is immune from suit in any jurisdiction except to the 
extent that the General Council of the Fort Sill Apache Tribe expressly 
and unequivocally waives such immunity in writing.
    B. Nothing in this Ordinance shall be construed as waiving the 
sovereign immunity of the Tribe.

Section 3-8-170. Applicability

    This Ordinance shall apply to all Tribal enterprises located within 
Tribal lands consistent with applicable federal Indian liquor laws.

Section 3-8-180. Computation of Time

    Unless otherwise provided in this Ordinance, in computing any 
period of time prescribed or allowed by this Code, the day of the act, 
event, or default from which the designated period time begins to run 
shall not be included. The last day of the period so computed shall be 
included, unless it is a Saturday, a Sunday, or a legal holiday. For 
the purposes of this Ordinance, the term ``legal holiday'' shall mean 
all legal holidays under Tribal or Federal law. All papers mailed shall 
be deemed served at the time of mailing.

Section 3-8-190. Liberal Construction

    Provisions of this Ordinance shall be liberally construed to 
achieve the purposes set forth, whether clearly stated or apparent from 
the context of the language used herein.

Section 3-8-200. Applicable Taxes

    The Tax Commission shall enforce all applicable and lawful taxes 
imposed on the sale of Alcohol Beverages. The failure of any licensee 
to pay applicable taxes on the sale of alcohol may subject the licensee 
to, among other things, the revocation of said license.

Article II--Declaration of Public Policy

Section 3-8-210. Matter of Special Interest

    The manufacture, distribution, possession, sale, and consumption of 
Alcohol Beverages within the jurisdiction of the Fort Sill Apache Tribe 
of Oklahoma are matters of significant concern and special interest to 
the Tribe. The General Council hereby declares that the policy of the 
Tribe is to eliminate the problems associated with unlicensed, 
unregulated, and unlawful importation, distribution, manufacture, and 
sale of Alcohol Beverages for commercial purposes and to promote 
temperance in the use and consumption of Alcohol Beverages by 
increasing Tribal control over such activities on Tribal land.

Section 3-8-220. Federal Law

    The introduction of Alcohol within the jurisdiction of the Tribe is 
currently prohibited by federal law (18 U.S.C. 1154), except as 
provided for therein, and the Tribe is expressly delegated the right to 
determine when and under what conditions Alcohol Beverages shall be 
permitted thereon (18 U.S.C. 1161).

Section 3-8-230. Need for Regulation

    The Tribe finds that the Federal prohibition upon manufacture, 
distribution, possession, sale, and consumption of Alcohol Beverages 
has proven ineffective and that the problems associated with same 
should be addressed by the laws of the Tribe, with all such business 
activities related thereto subject to the taxing and regulatory 
authority of the Fort Sill Apache Tribe Tax Commission.

Section 3-8-240. Locations

    The Tribe finds that the manufacture, distribution, possession, 
sale, and consumption of Alcohol Beverages shall be licensed under this 
Ordinance only where such activity will be conducted within or upon 
Tribal land.

Section 3-8-250. Definitions

    As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    A. ``Alcohol'' means the product of distillation of fermented 
liquid, whether or not rectified or diluted with water, but does not 
mean ethyl or industrial alcohol, diluted or not, that has been 
denatured or otherwise rendered unfit for beverage purposes.
    B. ``Alcohol Beverage'' when used in this Ordinance means, and 
shall include liquor, beer, or spirits of wine, by whatever name they 
may be called, and from whatever source and by whatever process they 
may be produced, and which contain a sufficient percent of alcohol by 
volume which, by law, makes said beverage subject to regulation as an 
intoxicating beverage under the laws of the state where the beverage is 
sold.
    C. ``Applicant'' means any person who submits an application to the 
Tax Commission for an Alcohol Beverage license and who has not yet 
received such a license.
    D. ``Business Committee'' means the duly elected Business Committee 
of the Fort Sill Apache Tribe of Oklahoma.
    E. ``Constitution'' means the Constitution and By-Laws of the Fort 
Sill Apache Tribe of Oklahoma.
    F. ``General Council'' means the General council of the Fort Sill 
Apache Tribe, which is the supreme governing

[[Page 13458]]

body of the Fort Sill Apache Tribe, which is composed of the voting 
membership of the Tribe.
    G. ``License'' means an Alcohol Beverage license issued by the Fort 
Sill Apache Tribe Tax Commission authorizing the importation, 
manufacture, distribution, or sale of Alcohol Beverages for commercial 
purposes under the provisions of this Ordinance.
    H. ``Licensee'' means a Tribal enterprise that holds an Alcohol 
Beverage license issued by the Tax Commission and includes any employee 
or agent of the Licensee.
    I. ``Liquor store'' means any store or establishment at which 
liquor is sold and shall include any and all businesses engaged in the 
sale of Alcohol Beverages, whether sold as packaged or by the drink.
    J. ``Manufacturer'' means any person engaged in the manufacture of 
Alcohol Beverage.
    K. ``Ordinance'' means the Fort Sill Apache Tribe of Oklahoma 
Alcohol Beverage Control Ordinance, as hereafter amended.
    L. ``Package'' means the sale of an Alcohol Beverage by delivery of 
same by a seller to a purchaser in any container, bag, or receptacle 
for consumption beyond the premises or the location designated on the 
license.
    M. ``Public place'' means and shall include Tribal, County, State, 
or Federal highways, roads, and rights-of-way; buildings and grounds 
used for school purposes; public dance halls and grounds adjacent 
thereto; public restaurants, buildings, meeting halls, hotels, 
theaters, retail stores, and business establishments generally open to 
the public and to which the public is allowed to have unrestricted 
access; and all other places to which the general public has 
unrestricted right of access and that are generally used by the public. 
For the purpose of this Ordinance, ``public place'' shall also include 
any privately owned business property or establishment that is designed 
for or may be regularly used by more persons other than the owner of 
the same but shall not include the private, family residence of any 
person.
    N. ``Sale'' and ``Sell'' mean the exchange, barter, traffic, 
furnishing, or giving away for commercial purpose an Alcohol Beverage 
by any and all means, by whatever name commonly used to describe the 
same, by any person to another.
    O. ``Tax Commission'' means the Fort Sill Apache Tribe Tax 
Commission.
    P. ``Tribal Court'' means the Federal Court of Indian Offenses or 
Tribal Courts if established by the Tribe.
    Q. ``Tribal land(s)'' shall mean and reference the geographic area 
that includes all land included within the definition of ``Indian 
country'' as established and described by federal law and that is under 
the jurisdiction of the Fort Sill Apache Tribe of Oklahoma, including 
all tribally owned trust lands located within same as are now in 
existence or may hereafter be added to.
    R. ``Tribal law'' means the Tribal Constitution and all laws, 
Ordinances, codes, resolutions, and regulations now and hereafter duly 
enacted by the Tribe.
    S. ``Tribe'' shall mean the Fort Sill Apache Tribe of Oklahoma.

Article III--Sales of Alcoholic Beverages

Section 3-8-260. Prohibition of the Unlicensed Sale of Alcohol 
Beverages

    This Ordinance prohibits the importation, manufacture, 
distribution, or sale of Alcohol Beverages for commercial purposes, 
other than where conducted by a lawfully issued license in accordance 
with this Ordinance. The Federal liquor laws are intended to remain 
applicable to any act or transaction that is not authorized by this 
Ordinance, and violators shall be subject to Federal law and/or Tribal 
law.

Section 3-8-280. License Required

    Any and all sales of Alcohol Beverages conducted upon Tribal land 
shall be permitted only where the seller holds a current Alcohol 
Beverage license duly issued by the Fort Sill Apache Tribe Tax 
Commission. A licensee has the right to engage only in those Alcohol 
Beverage transactions expressly authorized by such license in 
accordance with this Ordinance.

Section 3-8-290. Sales for Cash

    All sales of Alcohol Beverages conducted shall be conducted on a 
cash-only basis, and no credit for said purchase and consumption of 
same shall be extended to any person, organization, or entity except 
that this provision does not prohibit the payment of same by use of 
credit cards acceptable to the seller (including but not limited to 
VISA, MasterCard, or American Express). Provided however that a 
Licensee shall have the right to provide complimentary alcoholic 
beverages to patrons of its gaming facilities.

Section 3-8-300. Personal Consumption

    All sales shall be for the personal use and consumption of the 
purchaser or his/her guest(s). The resale of any Alcohol Beverage 
purchased within or upon Tribal lands by an unlicensed seller is 
prohibited.

Section 3-8-310. Consumption of Liquor

    No Tribal operator shall permit any person to open or consume 
liquor on his or her premises or any premises adjacent thereto and in 
his or her control. The Commission will allow the consumption of liquor 
and shall identify where liquor may be consumed on Tribal Trust lands.

Article IV--Licensing

Section 3-8-320. Eligibility

    Only applicants operating upon Tribal lands shall be eligible to 
receive a license for the sale of any Alcohol Beverage under this 
ordinance.

Section 3-8-330. Application Process

    The Tax Commission may cause a license to be issued to any 
applicant as is deemed appropriate and not contrary to the best 
interests of the Tribe and its Tribal members. Any applicant that 
desires to be licensed to sell Alcohol Beverages and that meets the 
eligibility requirements pursuant to this ordinance must apply to the 
Tax Commission of the Fort Sill Apache Tribe for a license to sell or 
to serve Alcohol Beverages. Any such person as may be empowered to make 
such application shall fully and accurately complete an application 
provided by the Tax Commission, and shall pay such application fee as 
may be required by the Tax Commission.

Section 3-8-340. Classes of Licenses

    The Tax Commission shall have the authority to issue the following 
classes of Alcohol Beverage licenses:
    A. ``Retail on-sale general license'' means a license authorizing 
the licensee to sell Alcohol Beverages at retail to be consumed by the 
buyer only on the premises or at the location designated in the 
license. This class includes, but is not limited to, hotels where 
alcohol beverages may be sold for consumption on the premises and in 
the rooms of bona fide registered guests.
    B. ``Retail on-sale beer and wine license'' means a license 
authorizing the licensee to sell beer and wine at retail to be consumed 
by the buyer only on the premises or at the location designated in the 
license. This class includes, but is not limited to, hotels where beer 
and/or wine may be sold for consumption on the premises and in the 
rooms of bona fide registered guests.
    C. ``Retail off-sale general license'' means a license authorizing 
the licensee to sell Alcohol Beverages at retail to be consumed by the 
buyer off of the premises or at a location other than the one 
designated in the license.
    D. ``Retail off-sale beer and wine license'' means a license 
authorizing the

[[Page 13459]]

licensee to sell beer and wine at retail to be consumed by the buyer 
off of the premises or at a location other than the one designated in 
the license.
    E. ``Manufacturers license'' means a license authorizing the 
applicant to manufacture Alcohol Beverages for the purpose of sale on 
or off Tribal land.
    F. ``Temporary license'' means a license authorizing the sale of 
Alcohol Beverages on a temporary basis for premises temporarily 
occupied by the licensee for a picnic, social gathering, or similar 
occasion. Temporary licenses may not be renewed upon expiration. A new 
application must be submitted for each such license.

Section 3-8-350. Application Form and Content

    An application for a license shall be made to the Tax Commission 
and shall contain at least the following information:
    A. The name and address of the applicant, including the names and 
addresses of all of the principal officers and directors, and other 
employees with primary management responsibility related to the sale of 
Alcohol Beverages;
    B. The specific area, location, and/or premise(s) for which the 
license is applied;
    C. The hours that the applicant will sell the Alcohol Beverages;
    D. For Temporary Licenses, the dates for which the license is 
sought to be in effect;
    E. The class of Alcohol Beverage license applied for as set forth 
in Section 3-8-340;
    F. Whether the applicant has a state liquor license;
    G. A sworn statement by the applicant to the effect that none of 
the applicant's officers and directors, and employees with primary 
management responsibility related to the sale of Alcohol Beverage, were 
ever convicted of a felony under any law, and have not violated and 
will not violate or cause or permit to be violated any of the 
provisions of this Ordinance; and
    H. The application shall be verified under oath and notarized by a 
duly authorized representative.

Section 3-8-360. Public Hearing

    Upon receipt of an application for issuance or renewal of a 
license, and the payment of any fees required by the Tax Commission, 
the Tax Commission shall set the matter for a public hearing. Notice of 
the time and place of the hearing shall be given to the applicant and 
the public at least twenty (20) calendar days before the hearing. 
Notice shall be given to the applicant by prepaid U.S. mail at the 
address listed in the application. Notice shall be given to the public 
by publication in a newspaper of general circulation sold on the Tribal 
lands. The notice published in the newspaper shall include the name of 
the applicant, whether the action involves a new issuance or renewal, 
the class of license applied for, and a general description of the area 
where the alcohol will be or has been sold. At the hearing, the Tax 
Commission shall hear from any person who wishes to speak for or 
against the application. The Tax Commission shall have the authority to 
place time limits on each speaker and limit or prohibit repetitive 
testimony.

Section 3-8-370. Action on the Application

    The Tax Commission shall act on the matter within thirty (30) days 
of the conclusion of the public hearing. The Tax Commission shall have 
the authority to deny, approve, or approve with conditions the 
application, consistent with the laws of the Tribe. Upon approval of an 
application, the Tax Commission shall issue a license to the applicant 
in a form to be approved from time to time by the Tax Commission. If 
the Tax Commission does not act within thirty (30) days the applicant 
may request a hearing before the business committee.

Section 3-8-380. Denial of License or Renewal

    An application for a new license or license renewal may be denied 
for one or more of the following reasons.
    A. The applicant has materially misrepresented facts contained in 
the application;
    B. The applicant is presently not in compliance with this ordinance 
or other Tribal or Federal laws;
    C. Granting of the license (or renewal thereof) would create a 
threat to the peace, safety, morals, health, or welfare of the Tribe;
    D. The applicant has failed to complete the application properly or 
has failed to tender the appropriate fee.
    E. A verdict or judgment of guilty has been entered against or a 
plea of nolo contendere has been entered by an applicant's officer or 
director, or an employee with primary management responsibility related 
to the sale of Alcohol Beverages, to any offense under Federal or State 
law prohibiting or regulating the sale, use, possession or giving away 
of Alcohol Beverages.

Section 3-8-390. Temporary Denial

    If the application is denied solely on the basis of Section 3-8-
380(D) the Tax Commission shall, within fourteen (14) days of receipt 
of the application, issue a written notice of temporary denial to the 
applicant. Such notice shall set forth the reasons for denial and shall 
state that the denial will become permanent if the problem(s) is not 
corrected within fifteen (15) days following receipt of the notice.

Section 3-8-400. Cure

    If an applicant is denied a license, the applicant may cure the 
deficiency and resubmit the application for consideration. Each re-
submission will be treated as a new application for license or renewal 
of a license.

Section 3-8-410. Investigation

    Upon receipt of an application for the issuance, transfer, or 
renewal of a license, the Tax Commission shall make a thorough 
investigation to determine whether the applicant and the premises for 
which a license is applied for qualify for a license and whether the 
provisions of this Ordinance have been complied with, and shall 
investigate all matters connected therewith which may affect the public 
health, welfare, and morals.

Section 3-8-420. Term and Renewal of License

    Each license shall be issued for a period not to exceed two (2) 
years from the original date of issuance and may be renewed thereafter 
on a year-to-year basis, in compliance with this Ordinance and any 
rules and/or regulations hereafter adopted by the Tribe. The applicant 
shall renew a license by, not less than 90 days prior to the license's 
expiration date, submitting a written renewal application to the Tax 
Commission on the provided form.

Section 3-8-430. Procedures for Appealing a Denial or Condition of 
Application

    Any applicant for a license or licensee who believes the denial of 
their license, request for renewal, or condition imposed on their 
license was wrongfully determined may appeal the decision of the Tax 
Commission in accordance with the Tax Commission Rules and Regulations. 
For purposes of appeal, an applicant or licensee shall stand in the 
place of a ``taxpayer'' as that term is used in the Tax Commission 
Rules and Regulations appeal procedure. For purposes of appeal, the 
action being complained of shall stand in the place of the term the 
``tax,'' where appropriate, as that term is used in the Tax Commission 
Rules and Regulations appeal procedure.

[[Page 13460]]

Section 3-8-440. Revocation of License

    The Tax Commission may initiate action to revoke a license whenever 
it is brought to the attention of the Commission that a licensee:
    A. Has materially misrepresented facts contained in any license 
application;
    B. Is not in compliance with Tribal or federal laws material to the 
issue of licensing;
    C. Failed to comply with any condition of a license, including 
failure to pay taxes on the sale of Alcohol Beverages or failure to pay 
a required fee;
    D. Has had a verdict, or judgment of guilty entered against, or has 
had a plea of nolo contendere entered by one of its officers or 
directors, or managers with primary responsibility over the sale of 
Alcohol Beverages, as to any offense under Federal or State law 
prohibiting or regulating the sale, use, or possession, of Alcohol 
Beverages;
    E. Failed to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the licensed premises or any 
adjacent area within a reasonable time after receipt of a notice to 
make such corrections has been received from the Tax Commission; or
    F. Has had their Oklahoma, Arizona, or New Mexico liquor license 
suspended or revoked.

Section 3-8-450. Initiation of Revocation Proceedings

    Revocation proceedings are initiated either: (1) By the Tax 
Commission, on its own motion and through the adoption of an 
appropriate resolution meeting the requirements of this section; or (2) 
by any person who files a complaint with the Tax Commission. The 
complaint shall be in writing and signed by the maker. Both the 
complaint and resolution shall state facts showing that there are 
specific grounds under this Ordinance, which would authorize the Tax 
Commission to revoke the license(s). The Tax Commission shall cause the 
matter to be set for a hearing before the Tax Commission on a date no 
later than 30 days from the Commission's receipt of a complaint or 
adoption of the resolution. Notice of the time, date, and place of the 
hearing shall be given to the licensee and the public in the same 
manner as set forth in section 3-8-360. The notice shall state that the 
licensee has the right to file a written response to the complaint or 
resolution, verified under oath and signed by the licensee, no later 
than ten (10) days prior to the hearing date.

Section 3-8-460. Hearing

    Any hearing held on any complaint shall be held under such rules 
and regulations as the Tax Commission may prescribe. Both the licensee 
and the person filing the complaint shall have the right to present 
witnesses to testify and to present written documents in support of 
their positions to the Tax Commission. The Commission shall render its 
decision within sixty (60) days after the date of the hearing. The 
decision of the Commission shall be final. Except that any person so 
aggrieved may file a written appeal to the Business Committee clearly 
stating the reason for appeal within ten (10) days after the decision 
of the commission is received.

Section 3-8-470. Delivery of License

    Upon revocation of a license, the enterprise shall forthwith 
deliver up the license to the Tax Commission.

Section 3-8-480. Transferability of Licenses

    Alcohol Beverage licenses shall be issued to a specific licensee 
for use at a single business location (business enterprise) and shall 
not be transferable for use by any business or location. Separate 
licenses shall be issued for each of the premises of any business 
establishment having more than one address.

Section 3-8-490. Posting of License

    Every licensee shall post and keep posted its license(s) in a 
conspicuous place(s) on the licensed premises.

Article V--Powers of Enforcement

Section 3-8-500. Tax Commission Authority

    In furtherance of this Ordinance, the Tax Commission shall have 
exclusive authority to administer and implement this Ordinance and 
shall have the following powers and duties hereunder;
    A. To publish and enforce rules and regulations governing the sale, 
manufacture, distribution, and possession of Alcohol Beverages within 
the Tribal lands of the Fort Sill Apache Tribe of Oklahoma;
    B. To employ such persons as may be reasonably necessary to perform 
all administrative and regulatory responsibilities of the Tax 
Commission hereunder. All such employees shall be Tribal employees;
    C. To issue licenses permitting the sale, manufacture, 
distribution, and possession of Alcohol Beverages within the Tribal 
lands;
    D. To give reasonable notice and to hold hearings on violations of 
this Ordinance, and for consideration of the issuance or revocation of 
licenses hereunder;
    E. To bring such other actions as may be required to enforce this 
Ordinance;
    F. To prepare and deliver such reports as may be required by law or 
regulation; and
    G. To collect taxes, fees, and penalties as may be required, 
imposed, or allowed by law or regulation, and to keep accurate books, 
records, and accounts of the same.

Section 3-8-510. Right of Inspection

    Any business premises licensed to manufacture, distribute, or sell 
alcohol pursuant to this Ordinance shall be open for inspection by the 
Tax Commission for the purpose of insuring the compliance or 
noncompliance of the licensee with all provisions of this Ordinance and 
any applicable Tribal law or regulation.

Section 3-8-520. Limitation on Powers

    In the exercise of its powers and duties under this Ordinance, 
members of the Tax Commission shall not, whether individually or as a 
whole,
    A. Accept any gratuity, compensation or other thing of value from 
any Alcohol Beverage wholesaler, retailer, or distributor, or from any 
applicant or licensee of the Tribe;
    B. Waive the sovereign immunity of the Fort Sill Apache Tribe, or 
of any agency, commission, or entity thereof without the express 
written consent of the General Council of the Fort Sill Apache Tribe.

Article VI--Taxes

Section 3-8-530. Excise Tax

    There is hereby levied and shall be collected a tax on each retail 
and wholesale sale of Alcohol Beverages on Tribal land in the amount of 
one percent (1%) of the retail sales price. All taxes from the sale of 
such Alcohol Beverages shall be paid into a separate account under 
exclusive authority of the Tax Commission. This tax may be adjusted as 
requested by the Tax Commission and approved by the Business Committee.

Section 3-8-540. Taxes Due

    All taxes for the sale of Alcohol Beverages under this Ordinance 
are due on the 15th day of the month following the end of the calendar 
quarter for which taxes are due.

Section 3-8-550. Delinquent Taxes

    Past due taxes shall accrue interest at the rate of two percent 
(2%) per month until paid.

[[Page 13461]]

Section 3-8-560. Reports

    Along with the payment of taxes imposed hereby, the licensee shall 
submit a quarterly report and accounting of all income from the sale or 
distribution of Alcohol Beverages, and for the taxes collected.

Section 3-8-570. Audit

    All licensees are subject to the review or audit of its books and 
records relating to the sale of Alcohol Beverages hereunder by the Tax 
Commission. Such review or audit may be performed periodically by Tax 
Commission's agents or employees at such times as in the opinion of the 
Tax Commission such review or audit is appropriate to the proper 
enforcement of this Ordinance.

Article VII--Rules, Regulations, and Enforcement

Section 3-8-580. Sale or Distribution Without License

    Any person who sells or offers for sale or distribution any Alcohol 
Beverage in violation of this Ordinance, or who operates a business on 
Tribal land and has Alcohol Beverage(s) for sale in his possession 
without a license shall be in violation of this Ordinance.

Section 3-8-590. Unlawful Purchase

    Any person who purchases any Alcohol Beverage on Tribal lands from 
a person or business that is not licensed by the Tax Commission to sell 
Alcohol Beverages shall be in violation of this Ordinance.

Section 3-8-600. Intent To Sell

    Any person who keeps or possesses, or causes another to keep or 
possess, upon his person or any premises within his control, an Alcohol 
Beverage, with the intent to sell or to distribute the same contrary to 
the provisions of this Ordinance, shall be in violation of this 
Ordinance.

Section 3-8-610. Sale to Intoxicated Person

    Any person who knowingly sells an Alcohol Beverage to a person who 
is intoxicated shall be in violation of this Ordinance.

Section 3-8-620. Public Conveyance

    Any person engaged in the business of carrying passengers for hire, 
and every agent, servant, or employee of such person who shall 
knowingly permit any person to drink an Alcohol Beverage in any such 
public conveyance shall be in violation of this Ordinance.

Section 3-8-630. Age of Consumption

    No person under the age to twenty-one (21) years shall possess or 
consume any Alcohol Beverage on Tribal lands.

Section 3-8-640. Serving Underage Person

    No person shall serve an Alcohol Beverage to a person under the age 
of 21 or permit any such person to consume alcohol on the premises or 
on any premises under his control. Any licensee violating this section 
shall be guilty of a separate violation of this Ordinance for each and 
every drink served and/or consumed.

Section 3-8-650. False Identification

    Any person who purchases or who attempts to purchase an Alcohol 
Beverage through the use of false, or altered identification that 
falsely purports to show the person to be over the age of 21 years 
shall be in violation of this Ordinance.

Section 3-8-660. Documentation of Age

    When requested by a seller of Alcohol Beverages, any person shall 
be required to present proper and satisfactory documentation of the 
bearer's age, signature, and photograph. For purposes of this 
Ordinance, proper and satisfactory documentation shall include one or 
more of the following:
    A. Drivers license or personal identification card issued by any 
state department of motor vehicles or tribal or federal government 
agency;
    B. United States active duty military credentials;
    C. Passport.

Section 3-8-670. General Penalties

    Any person adjudged to be in violation of this Ordinance, including 
any lawful regulation promulgated pursuant thereto, shall be subject to 
a civil penalty not more than Five Hundred Dollars ($500.00) for each 
such violation. The Tax Commission may adopt by resolution a separate 
schedule for fines for each type of violation, taking into account the 
seriousness and threat the violation may pose to the general health and 
welfare. Such schedule may also provide, in the case of repeated 
violations, for imposition of monetary penalties greater than the Five 
Hundred Dollars ($500.00) limitation set forth above. The penalties 
provided for herein shall be in addition to any criminal penalties that 
may be imposed under a separate Ordinance, adopted by the Tribe.

Section 3-8-680. Initiation of Action

    Any violation of this Ordinance shall constitute a public nuisance. 
The Tax Commission may initiate and maintain an action in Tribal court 
or any court of competent jurisdiction to abate and permanently enjoin 
any nuisance declared under this Ordinance. Any action taken under this 
section shall be in addition to any other penalties provided for in 
this Ordinance. The plaintiff shall not be required to give bond in 
this action.

Section 3-8-690. Contraband; Seizure; Forfeiture

    A. All Alcohol Beverages within tribal lands held, owned, or 
possessed by any person or licensee operating in violation of this 
Ordinance is hereby declared to be contraband and subject to seizure 
and forfeiture to the Tribe.
    B. Seizure of contraband as defined in this Ordinance shall be done 
by law enforcement and all such contraband seized shall be inventoried 
and maintained by law enforcement pending final order of the Tax 
Commission and any appeals there from as may be filed with the Business 
Committee. The owner of the contraband seized may alternatively request 
that the contraband seized be sold and the proceeds received there from 
be maintained by law enforcement pending final order of the Tax 
Commission and any appeals there from. The proceeds are subject to 
forfeiture in lieu of the seized contraband.
    C. Within ten days following the seizure of the contraband, a 
hearing shall be held by the Tax Commission, at which time the operator 
or owner of the contraband shall be given an opportunity to present 
evidence in defense of his or her activities.
    D. Notice of the hearing of at least 10 days shall be given to the 
person from whom the property was seized, if known. If the person is 
unknown, notice of the hearing shall be posted at the place where the 
contraband was seized and at other public places on tribal lands. The 
notice shall describe the property seized, and the time, place, and 
cause of seizure and give the name and place of residence, if known, of 
the person from whom the property was seized. If upon the hearing, the 
evidence warrants, or, if no person appears as a claimant, the Tax 
Commission shall thereupon enter a judgment of forfeiture, and all such 
property shall be the property of the Fort Sill Apache Tribe. If upon 
the hearing the evidence does not warrant forfeiture, the seized 
contraband shall be immediately returned to the owner.

[[Page 13462]]

Article VIII--Nuisance and Abatement.

Section 3-8-700. Nuisance

    Any room, house, building, vehicle, structure or other place where 
Alcohol Beverages are sold, manufactured, bartered, exchanged, given 
away, furnished, or otherwise possessed or disposed of in violation of 
this Ordinance, or of any other Tribal law related to the 
transportation, possession, distribution or sale of Alcohol Beverages, 
and including all property kept therein, or thereon, and use in, or in 
connection with the violation is hereby declared to be a nuisance upon 
any second or subsequent violation of the same.

Section 3-8-710. Action To Abate Nuisance

    Upon a finding that any such place or activity is a nuisance under 
the provision of this Ordinance, the Tribe or the Tax Commission may 
bring a civil action in the Tribal Court to abate and to perpetually 
enjoin any such activity declared to be a nuisance. Such injunctive 
relief may include a closure of any business or other use of the 
property for up to one (1) year from the date of the order, or until 
the owner, lessee or tenant shall give bond of no less than Twenty-Five 
Thousand dollars ($25,000) payable to the Tribe and conditioned that no 
further violation of this Ordinance or other Tribal Alcohol Beverage 
law and by payment of all fines, costs and assessments against him/her. 
If any condition of the bond is violated, the bond may be recovered and 
proceeds delivered to the Tax Commission for the use of the Tribe. Any 
action taken under this section shall be in addition to any other 
penalties provided for in this Ordinance.

Article IX--Revenue and Reporting

Section 3-8-720. Use and Appropriation of Revenue Received

    All revenue received by the Tax Commission under this Ordinance, 
from whatever sources, shall be expended first for the administrative 
costs incurred in the administration and enforcement of this Ordinance. 
Any excess funds shall be subject to and available to appropriation by 
the Tribe for essential governmental, and social services, related to 
drug and alcohol education, counseling and treatment.

Section 3-8-730. Audit

    Tax Commission handling of revenue received under this ordinance is 
subject to review and audit as a part of the annual financial audit of 
the Tax Commission.

Section 3-8-740. Reports

    The Tax Commission shall submit to the Business Committee a 
quarterly report and an accounting of all revenue received and expended 
pursuant to this Ordinance.

Article X--Miscellaneous

Section 3-8-750. Severability

    If any provision or application of this Ordinance is found invalid 
and or unenforceable, such determination shall not be held to render 
ineffectual any of the remaining provisions or applications of this 
Ordinance not specifically identified thereby, or to render such 
provision to be inapplicable to other persons or circumstances.

Section 3-8-760. Construction

    Nothing in this ordinance shall be construed to diminish or impair 
in any way the rights or sovereign powers of the Fort Sill Apache 
Tribe.

Section 3-8-770. Effective Date

    This Ordinance shall be effective upon certification by the 
Secretary of the Interior, publication in the Federal Register and 
recorded in the office of the Clerk of the Tribal Court.

Section 3-8-780. Prior Law Repealed

    Any and all prior enactments of the Fort Sill Apache Tribe that are 
inconsistent with the provisions of this Ordinance are hereby 
rescinded.

Section 3-8-770. Amendment

    The Fort Sill Apache Tribe through its General Council, pursuant to 
its Constitution delegates to the Fort Sill Apache Tribe Business 
Committee the authority to amend the provisions of the foregoing 
Alcohol Control Ordinance.
    Approved by the Business Committee of the Fort Sill Apache Tribe of 
Oklahoma this 21st day of August 2007, by a vote of 4 For 0 Against 0 
Abstained.

Chairman---------------------------------------------------------------

Secretary Treasurer----------------------------------------------------

 [FR Doc. E9-6853 Filed 3-26-09; 8:45 am]
BILLING CODE 4310-4J-P