Eastern Band of Cherokee Indians-Cherokee Code Chapter 18B, Regulation of Alcoholic Beverages, 5265-5267 [2012-2323]
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
PUBLIC INPUT
You must contact the
Council Coordinator (see
FOR FURTHER
INFORMATION
CONTACT) no later than
If you wish to
Attend the Council meeting ............................................................................................................................................
Attend the Advisory Group meeting ...............................................................................................................................
Submit written information or questions before the Council meeting for consideration during the meeting .................
Submit written information or questions before the Advisory Group meeting for consideration during the meeting ....
Give an oral presentation during the Council meeting ...................................................................................................
Give an oral presentation during the Advisory Group meeting ......................................................................................
Submitting Written Information or
Questions
Interested members of the public may
submit relevant information or
questions for the Council and/or
Advisory Group to consider during the
public meetings. If you wish to submit
a written statement, so that the
information may be made available to
the Council or Advisory Group for their
consideration prior to this meeting, you
must contact the Council Coordinator by
the date above. Written statements must
be supplied to the Council Coordinator
in both of the following formats: One
hard copy with original signature, and
one electronic copy via email
(acceptable file formats are Adobe
Acrobat PDF, MS Word, MS
PowerPoint, or rich text file).
srobinson on DSK4SPTVN1PROD with NOTICES
Giving an Oral Presentation
Individuals or groups requesting to
make an oral presentation at either the
Council or Advisory Group meeting will
be limited to 2 minutes per speaker,
with no more than a total of 30 minutes
for all speakers. Interested parties
should contact the Council Coordinator
by the date above, in writing (preferably
via email; see FOR FURTHER INFORMATION
CONTACT), to be placed on the public
speaker list for either of these meetings.
Nonregistered public speakers will not
be considered during the Council or
Advisory Group meetings. Registered
speakers who wish to expand upon their
oral statements, or those who had
wished to speak but could not be
accommodated on the agenda, are
invited to submit written statements to
the Council or Advisory Group within
30 days following the meeting.
Meeting Minutes
Summary minutes of the Council and
the Advisory Group meetings will be
maintained by the Council Coordinator
at the address under FOR FURTHER
INFORMATION CONTACT. Council meeting
minutes will be posted at https://www.
fws.gov/birdhabitat/Grants/NAWCA/
CouncilAct.shtm#CouncilMeet within
30 days following the meeting. Personal
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copies may be purchased for the cost of
duplication. Advisory Group meeting
minutes will be posted at https://www.
fws.gov/birdhabitat/Grants/NMBCA/
AdGroupAct.shtm. Personal copies may
be purchased for the cost of duplication.
Jerome Ford,
Assistant Director, Migratory Birds.
[FR Doc. 2012–2293 Filed 2–1–12; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Eastern Band of Cherokee Indians—
Cherokee Code Chapter 18B,
Regulation of Alcoholic Beverages
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Amendment to the Eastern Band of
Cherokee Indians—Cherokee Code
Chapter 18B, Regulation of Alcoholic
Beverages. This Ordinance regulates and
controls the possession, sale and
consumption of liquor within the
Eastern Band of Cherokee Indians’
Reservation. 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 Amendment
is effective 30 days after publication
February 2, 2012.
FOR FURTHER INFORMATION CONTACT:
Chanda Joseph, Tribal Relations
Specialist, Eastern Regional Office,
Bureau of Indian Affairs, 545 Marriott
Drive, Suite 700, Nashville, Tennessee
37214, Telephone: (615) 564–6750; Fax:
(615) 564–6701; or, De Springer, Office
of Indian Services, Bureau of Indian
Affairs, 1849 C Street NW., MS–4513–
SUMMARY:
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March
March
March
March
March
March
1,
1,
1,
1,
1,
1,
2012.
2012.
2012.
2012.
2012.
2012.
MIB, Washington, DC 20240;
Telephone: (202) 513–7626.
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 purpose of this Ordinance is to
govern the sale, possession and
distribution of alcohol within the
Eastern Band of Cherokee Indians’
Reservation. On September 8, 2011, the
Tribal Council of the Eastern Band of
Cherokee Indians duly adopted
Ordinance No. 768 (2011) which
amended Cherokee Code Chapter 18B.
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
the Tribal Council of the Eastern Band
of Cherokee Indians duly adopted
Ordinance No. 768 (2011) on September
8, 2011.
Dated: January 26, 2012.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
The amended sections of Cherokee
Code Chapter 18B, Regulation of
Alcoholic Beverages read as follows:
Ordinance No. 768 (2011)
Whereas, the Tribal Council
established Cherokee Code Chapter 18B
to govern the regulation of alcoholic
beverages (Chapter 18B is attached); and
Whereas, the North Carolina
Legislature has enacted changes to its
ABC laws to allow the Tribe to self
regulate the purchase, possession,
consumption, sale and delivery of
alcoholic beverages at retail that require
changes to Cherokee Code Chapter 18B.
Now, therefore, be it ordained by the
Tribal Council of the Eastern Band of
Cherokee Indians in Council assembled,
at which a quorum is present, that
Chapter 18B of the Cherokee Code is
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
amended in the nature of a substitute to
read as follows:
A new § 18B–109 shall be added as
follows:
§ 18B–109. No person shall have malt
beverages or unfortified wine shipped
directly from a point outside this State
to the Eastern Band of Cherokee Indians
for resale on Indian country lands,
within this State under the jurisdiction
of the Eastern Band of Cherokee Indians
if those alcoholic beverages are for
resale.
A new § 18B–112 shall be added as
follows:
§ 18B–112. Tribal alcoholic beverage
control.
(a) Chapter 18B of the North Carolina
General Statutes has been amended to
provide that the Eastern Band of
Cherokee Indians, a federally recognized
Indian tribe and sovereign nation, shall
be exempt from the provisions of
Chapter 18B of the North Carolina
General Statutes, except for those made
applicable by section 18B–112 of the
North Carolina General Statutes and
enacted as tribal law herein. The Eastern
Band of Cherokee Indians shall hold
lawful tribal elections as set out in tribal
law and in a manner consistent with
North Carolina General Statute 18B–
600(a), and if the result of such election
authorizes the activity upon which a
vote was held, the activity shall be
deemed authorized by this section. For
the purposes of this section, the Tribal
Alcoholic Beverage Control Commission
shall possess the same powers and
authority conveyed upon the North
Carolina Alcoholic Beverage Control
Commission by any section of Chapter
18B of the North Carolina General
Statutes made applicable to the tribe by
this section as enacted herein.
(b) Compliance Required. The Eastern
Band of Cherokee Indians shall comply
with the following provisions of Chapter
18B of the North Carolina General
Statutes to the extent they apply to or
can be made applicable to the tribe:
(1) The following provisions of Article
1. General Provisions.
a. G.S. 18B–101(4), (7), 7(c), (9), (10),
(11), (12), (12a), (13), (14), (14a), (14b)
and (15).
b. G.S. 18B–102.1.
c. G.S. 18B–104.
d. G.S. 18B–105 except that this
section shall not apply to any
establishment where gaming is
permitted under a state compact and
pursuant to federal law.
e. G.S. 18B–109(b).
f. G.S. 18B–110.
g. G.S. 18B–111.
h. G.S. 18B–112.
(2) Article 1A. Compensation for
Injury Caused by Sales to Underage
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Persons to the extent it applies to retail
establishments or the Tribal Alcoholic
Beverage Control Commission if it
operates ABC stores, or any other
permitted establishment, at retail
pursuant to the provisions of this
section.
(3) Article 3. Sale, Possession, and
Consumption, except for G.S. 18B–308
and 18B–309.
(4) Article 4. Transportation.
(5) Article 5. Enforcement, except for
G.S. 18B–500 and G.S. 18–501.
(7) Article 9. Issuance of Permits,
except for G.S. 18B–902(g) and (h) and
G.S. 18B–906.
(8) Article 10. Retail Activity, except
for G.S. 18B–1001.1, G.S. 18B–1001.2,
and G.S. 18B–1001.3.
Any provision of this Chapter which
has not been made applicable to the
Eastern Band of Cherokee Indians by
this section shall act as a bar to engaging
in activity authorized by that Article or
section.
(c) Alcoholic Beverages Which May
Be Sold. No alcoholic beverage may be
sold on Indian Country lands under the
jurisdiction of the Eastern Band of
Cherokee Indians pursuant to this
section which has not been approved for
sale in this State by the North Carolina
Alcoholic Beverage Control
Commission.
(d) Establishment of a Tribal
Commission. Chapter 18B of the North
Carolina General Statutes has been
amended to recognize that the Eastern
Band of Cherokee Indians, is authorized
to establish a Tribal Alcoholic Beverage
Control Commission to regulate the
purchase, possession, consumption,
sale, and delivery of alcoholic beverages
at retail on any land designated as
Indian Country pursuant to 18 U.S.C.
1151 under the jurisdiction of the
Eastern Band of Cherokee Indians. The
tribal commission shall have exclusive
authority to issue retail permits to retail
establishments, located wholly on
Indian Country lands under the
jurisdiction of the Eastern Band of
Cherokee Indians, and to regulate the
purchase, possession, consumption,
sale, and delivery of alcoholic beverages
at retail outlets and premises. Permits
issued by the Tribal Commission
pursuant to this section shall be deemed
issued by the state for the purposes of
sales and delivery of beer and wine by
wholesalers to the retail outlets located
on Indian Country lands. The fees
generated by the Tribal Alcoholic
Beverage Control Commission for the
issuance of retail permits may be
retained by the Eastern Band of
Cherokee Indians to offset costs of
operating the Tribal Alcoholic Beverage
Control Commission.
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(e) Establishment of Rules. The Tribal
Alcoholic Beverage Control Commission
shall adopt the rules of the North
Carolina Alcoholic Beverage
Commission regulating retail outlet
activity.
(f) Authority of the North Carolina
Alcoholic Beverage Control
Commission. The Tribe recognizes the
authority of the North Carolina
Alcoholic Beverage Control Commission
to enter into agreements with the Tribal
Alcoholic Beverage Control Commission
to provide for the sale, delivery, and
distribution of spirituous liquor to the
Tribal Alcoholic Beverage Control
Commission. The Tribal Alcoholic
Beverage Control Commission shall
purchase spirituous liquor for resale by
the Tribal Alcoholic Beverage Control
Commission exclusively from the North
Carolina Alcoholic Beverage Control
Commission at the same price and on
the same basis that such spirits are
purchased by local boards. To the extent
there is a conflict of between the Tribal
Alcoholic Beverage Control
Commission’s authority or purpose and
the North Carolina Alcoholic Beverage
Control Commission’s authority or
purpose, the North Carolina Alcoholic
Beverage Control Commission shall
prevail, to the extent there is no conflict
of law as provided in Subsection (j)
below.
(g) Discrimination. The Tribal
Alcoholic Beverage Control Commission
shall not discriminate against nonIndians in the application of the Tribal
ABC law. Non-Indians shall be entitled
to apply for and receive ABC permits in
the same manner as an Indian on Indian
Country lands under the jurisdiction of
the Eastern Band of Cherokee Indians.
(h) Resolution of Contested Cases. If
the Tribal Alcoholic Beverage Control
Commission levies a fine, or suspends
or revokes a permit pursuant to the
provisions of G.S. 18B–104 for a
violation of the provisions applicable to
the Eastern Band of Cherokee Indians in
this Section, the permittee shall have
the right of appeal of an agency final
decision of the Tribal Commission to
the tribal courts. Any further appeal
shall be to the appellate courts of the
tribe. All fines paid to the tribal
commission in satisfaction of any
penalty assessed by the Tribal
Commission may be retained by the
Eastern Band of Cherokee Indians to
offset costs of operating the Tribal
Alcoholic Beverage Control
Commission.
(i) Failure to Comply With Laws of
the State of North Carolina. The Tribe
shall conform to future amendments to
Chapter 18B of the North Carolina
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Federal Register / Vol. 77, No. 22 / Thursday, February 2, 2012 / Notices
General Statutes as required by 18
U.S.C. 1161.
(j) Conflict of Laws. If any provision
of North Carolina General Statutes
Section 18B–112 or its application
conflicts with federal law, the conflict of
laws shall be resolved in favor of the
federal law unless compliance with the
federal law abrogates a right reserved to
the State under the Constitution of the
United States.
§ 18B–200(e) shall be amended to read
as follows:
(e) Employees. The chairman is
authorized to employ, discharge, and
otherwise supervise subordinate
personnel of the Commission.
A new § 18B–200(j) shall be added to
read as follows:
(j) All Commissioners are subject to
the same criminal background checks as
TCGE and TGC employees. Each
Commissioner is required to update
their information.
§ 18B–203. Powers and duties of the
Commission shall be amended to read
as follows:
§ 18B–203. Powers and duties of the
Commission
(a) Powers.—The Commission shall
have authority to:
(1) Administer the Tribal ABC laws;
(2) Provide for enforcement of the
Tribal ABC laws, in conjunction with
the ALE Division;
(3) Issue ABC permits as allowed
under this Ordinance;
(4) Adopt rules and procedures for the
issuance and enforcement of ABC
permits;
(5) Administer an annual budget with
said budget to be approved annually by
the Tribal Council;
(6) Act as the distributor of all alcohol
on tribal trust lands. Spirituous liquor
and fortified wine shall be purchased by
the TABCC directly from North Carolina
Warehouse, or as needed from a Local
ABC Store. Malt beverages and
unfortified wine shall be purchased
from North Carolina authorized
distributors and may be redistributed
from a TABCC warehouse or authorized
to be delivered directly to a TABCC
authorized permitee; and
(7) Issue any Retail ABC license or
permit issued by the North Carolina
Alcoholic Beverage Control
Commission, including a temporary
license or permit. Negotiate and enter
into contract with North Carolina ABC
Commission for purchase of spirituous
liquor and fortified wine; and
(8) Adopt fiscal control rules
concerning the borrowing of money,
maintenance of working capital,
investments, appointment of a financial
officer, the daily deposit of funds and
any other rules necessary to assure the
proper accountability of public funds.
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§ 18B–600. Alcoholic beverage
elections shall be amended to read as
follows:
§ 18B–600. Alcoholic beverage
elections
(a) All alcohol referendum questions
shall be conducted in accordance with
Tribal law and its election procedures as
set forth in Section 161–9 of the
Cherokee Code.
(b) As authorized in NC 18B–600, the
following kinds of alcoholic beverage
elections shall be allowed as authorized
by Tribal Council:
(1) Malt beverage;
(2) Unfortified Wine;
(3) ABC store; and
(4) Mixed beverage
A new § 18B–603 shall be added to
read as follows:
§ 18B–603. Effect of alcoholic
beverage elections on issuance of
permits:
North Carolina 18B–603 language is
adopted as Tribal Law (except (e) Mixed
Beverages at Airports, (f)(2) Special ABC
Areas, and (h) Permits based on existing
permits).
§ 18B–700. Retail sale of alcoholic
beverages shall be amended to read as
follows:
§ 18B–700. Retail sale of alcoholic
beverages.
Spirituous liquor, fortified and
unfortified wine and malt beverages
may be offered for retail sale only under
the provisions of a permit issued by the
TABCC as authorized by the provisions
of this ordinance. The TABCC shall
operate any retail spirituous and
fortified wine store that may in the
future be authorized by Tribal election.
The TABCC shall also be authorized to
operate a retail malt beverage and
unfortified wine store should that
facility be authorized by a Tribal
election.
§ 18B–800 shall be amended to read
as follows:
§ 18B–800. All alcoholic beverages
authorized to be sold shall be purchased
by the permittee from TABCC or as
directed by TABCC.
A New § 18B–804 Alcoholic beverage
Pricing shall read as follows:
§ 18B–804. Alcoholic beverage Pricing
The uniform pricing of Spirits sold to
permittees and the public shall be the
same uniform price as published by
North Carolina 18B–804. Where a tax or
markup is imposed in this section, the
TABCC is authorized to impose the
same tax or markup as a Tribal tax or
markup, where appropriate, and to
utilize such tax or markup in operations
of TABCC and profits after operation
shall be distributed as determined by
Tribal Council.
§ 18B–900 shall be amended to read
as follows:
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§ 18B–900. The TCGE shall be eligible
to receive and to hold a Tribal ABC
permit for the retail sale of alcoholic
beverages on the premises of Harrah’s
Cherokee Casino & Hotel as authorized
by the special election referendum held
on June 4, 2009. At the request of TCGE,
TABCC is authorized to issue a permit
to a contracted or leased facility
providing a service for TCGE on the
premises of Harrah’s Cherokee Casino
and Hotel.
Be it further ordained that this
amendment shall be effective upon
ratification by the Principal Chief, and
all prior ordinances and resolutions that
are inconsistent with this ordinance are
rescinded.
[FR Doc. 2012–2323 Filed 2–1–12; 8:45 am]
BILLING CODE 4310–4J–P
NATIONAL INDIAN GAMING
COMMISSION
Fee Rate
National Indian Gaming
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given,
pursuant to 25 CFR 514.1(a)(3), that the
National Indian Gaming Commission
has adopted preliminary annual fee
rates of 0.00% for tier 1 and 0.074%
(.00074) for tier 2 for calendar year
2012. These rates shall apply to all
assessable gross revenues from each
gaming operation under the jurisdiction
of the Commission. If a Tribe has a
certificate of self-regulation under 25
CFR part 518, the preliminary fee rate
on class II revenues for calendar year
2012 shall be one-half of the annual fee
rate, which is 0.037% (.00037).
FOR FURTHER INFORMATION CONTACT:
Chris White, National Indian Gaming
Commission, 1441 L Street NW., Suite
9100, Washington, DC 20005; telephone
(202) 632–7003; fax (202) 632–7066.
SUPPLEMENTARY INFORMATION: The
Indian Gaming Regulatory Act (IGRA)
established the National Indian Gaming
Commission which is charged with,
among other things, regulating gaming
on Indian lands.
The regulations of the Commission
(25 CFR part 514), as amended, provide
for a system of fee assessment and
payment that is self-administered by
gaming operations. Pursuant to those
regulations, the Commission is required
to adopt and communicate assessment
rates; the gaming operations are
required to apply those rates to their
revenues, compute the fees to be paid,
report the revenues, and remit the fees
to the Commission.
SUMMARY:
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]]>Agencies
[Federal Register Volume 77, Number 22 (Thursday, February 2, 2012)]
[Notices]
[Pages 5265-5267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2323]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Eastern Band of Cherokee Indians--Cherokee Code Chapter 18B,
Regulation of Alcoholic Beverages
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Amendment to the Eastern Band of
Cherokee Indians--Cherokee Code Chapter 18B, Regulation of Alcoholic
Beverages. This Ordinance regulates and controls the possession, sale
and consumption of liquor within the Eastern Band of Cherokee Indians'
Reservation. 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 Amendment is effective 30 days after
publication February 2, 2012.
FOR FURTHER INFORMATION CONTACT: Chanda Joseph, Tribal Relations
Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545
Marriott Drive, Suite 700, Nashville, Tennessee 37214, Telephone: (615)
564-6750; Fax: (615) 564-6701; or, De Springer, Office of Indian
Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB,
Washington, DC 20240; Telephone: (202) 513-7626.
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 purpose of this Ordinance is to
govern the sale, possession and distribution of alcohol within the
Eastern Band of Cherokee Indians' Reservation. On September 8, 2011,
the Tribal Council of the Eastern Band of Cherokee Indians duly adopted
Ordinance No. 768 (2011) which amended Cherokee Code Chapter 18B. 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 the Tribal Council of the Eastern Band of Cherokee Indians
duly adopted Ordinance No. 768 (2011) on September 8, 2011.
Dated: January 26, 2012.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The amended sections of Cherokee Code Chapter 18B, Regulation of
Alcoholic Beverages read as follows:
Ordinance No. 768 (2011)
Whereas, the Tribal Council established Cherokee Code Chapter 18B
to govern the regulation of alcoholic beverages (Chapter 18B is
attached); and
Whereas, the North Carolina Legislature has enacted changes to its
ABC laws to allow the Tribe to self regulate the purchase, possession,
consumption, sale and delivery of alcoholic beverages at retail that
require changes to Cherokee Code Chapter 18B.
Now, therefore, be it ordained by the Tribal Council of the Eastern
Band of Cherokee Indians in Council assembled, at which a quorum is
present, that Chapter 18B of the Cherokee Code is
[[Page 5266]]
amended in the nature of a substitute to read as follows:
A new Sec. 18B-109 shall be added as follows:
Sec. 18B-109. No person shall have malt beverages or unfortified
wine shipped directly from a point outside this State to the Eastern
Band of Cherokee Indians for resale on Indian country lands, within
this State under the jurisdiction of the Eastern Band of Cherokee
Indians if those alcoholic beverages are for resale.
A new Sec. 18B-112 shall be added as follows:
Sec. 18B-112. Tribal alcoholic beverage control.
(a) Chapter 18B of the North Carolina General Statutes has been
amended to provide that the Eastern Band of Cherokee Indians, a
federally recognized Indian tribe and sovereign nation, shall be exempt
from the provisions of Chapter 18B of the North Carolina General
Statutes, except for those made applicable by section 18B-112 of the
North Carolina General Statutes and enacted as tribal law herein. The
Eastern Band of Cherokee Indians shall hold lawful tribal elections as
set out in tribal law and in a manner consistent with North Carolina
General Statute 18B-600(a), and if the result of such election
authorizes the activity upon which a vote was held, the activity shall
be deemed authorized by this section. For the purposes of this section,
the Tribal Alcoholic Beverage Control Commission shall possess the same
powers and authority conveyed upon the North Carolina Alcoholic
Beverage Control Commission by any section of Chapter 18B of the North
Carolina General Statutes made applicable to the tribe by this section
as enacted herein.
(b) Compliance Required. The Eastern Band of Cherokee Indians shall
comply with the following provisions of Chapter 18B of the North
Carolina General Statutes to the extent they apply to or can be made
applicable to the tribe:
(1) The following provisions of Article 1. General Provisions.
a. G.S. 18B-101(4), (7), 7(c), (9), (10), (11), (12), (12a), (13),
(14), (14a), (14b) and (15).
b. G.S. 18B-102.1.
c. G.S. 18B-104.
d. G.S. 18B-105 except that this section shall not apply to any
establishment where gaming is permitted under a state compact and
pursuant to federal law.
e. G.S. 18B-109(b).
f. G.S. 18B-110.
g. G.S. 18B-111.
h. G.S. 18B-112.
(2) Article 1A. Compensation for Injury Caused by Sales to Underage
Persons to the extent it applies to retail establishments or the Tribal
Alcoholic Beverage Control Commission if it operates ABC stores, or any
other permitted establishment, at retail pursuant to the provisions of
this section.
(3) Article 3. Sale, Possession, and Consumption, except for G.S.
18B-308 and 18B-309.
(4) Article 4. Transportation.
(5) Article 5. Enforcement, except for G.S. 18B-500 and G.S. 18-
501.
(7) Article 9. Issuance of Permits, except for G.S. 18B-902(g) and
(h) and G.S. 18B-906.
(8) Article 10. Retail Activity, except for G.S. 18B-1001.1, G.S.
18B-1001.2, and G.S. 18B-1001.3.
Any provision of this Chapter which has not been made applicable to
the Eastern Band of Cherokee Indians by this section shall act as a bar
to engaging in activity authorized by that Article or section.
(c) Alcoholic Beverages Which May Be Sold. No alcoholic beverage
may be sold on Indian Country lands under the jurisdiction of the
Eastern Band of Cherokee Indians pursuant to this section which has not
been approved for sale in this State by the North Carolina Alcoholic
Beverage Control Commission.
(d) Establishment of a Tribal Commission. Chapter 18B of the North
Carolina General Statutes has been amended to recognize that the
Eastern Band of Cherokee Indians, is authorized to establish a Tribal
Alcoholic Beverage Control Commission to regulate the purchase,
possession, consumption, sale, and delivery of alcoholic beverages at
retail on any land designated as Indian Country pursuant to 18 U.S.C.
1151 under the jurisdiction of the Eastern Band of Cherokee Indians.
The tribal commission shall have exclusive authority to issue retail
permits to retail establishments, located wholly on Indian Country
lands under the jurisdiction of the Eastern Band of Cherokee Indians,
and to regulate the purchase, possession, consumption, sale, and
delivery of alcoholic beverages at retail outlets and premises. Permits
issued by the Tribal Commission pursuant to this section shall be
deemed issued by the state for the purposes of sales and delivery of
beer and wine by wholesalers to the retail outlets located on Indian
Country lands. The fees generated by the Tribal Alcoholic Beverage
Control Commission for the issuance of retail permits may be retained
by the Eastern Band of Cherokee Indians to offset costs of operating
the Tribal Alcoholic Beverage Control Commission.
(e) Establishment of Rules. The Tribal Alcoholic Beverage Control
Commission shall adopt the rules of the North Carolina Alcoholic
Beverage Commission regulating retail outlet activity.
(f) Authority of the North Carolina Alcoholic Beverage Control
Commission. The Tribe recognizes the authority of the North Carolina
Alcoholic Beverage Control Commission to enter into agreements with the
Tribal Alcoholic Beverage Control Commission to provide for the sale,
delivery, and distribution of spirituous liquor to the Tribal Alcoholic
Beverage Control Commission. The Tribal Alcoholic Beverage Control
Commission shall purchase spirituous liquor for resale by the Tribal
Alcoholic Beverage Control Commission exclusively from the North
Carolina Alcoholic Beverage Control Commission at the same price and on
the same basis that such spirits are purchased by local boards. To the
extent there is a conflict of between the Tribal Alcoholic Beverage
Control Commission's authority or purpose and the North Carolina
Alcoholic Beverage Control Commission's authority or purpose, the North
Carolina Alcoholic Beverage Control Commission shall prevail, to the
extent there is no conflict of law as provided in Subsection (j) below.
(g) Discrimination. The Tribal Alcoholic Beverage Control
Commission shall not discriminate against non-Indians in the
application of the Tribal ABC law. Non-Indians shall be entitled to
apply for and receive ABC permits in the same manner as an Indian on
Indian Country lands under the jurisdiction of the Eastern Band of
Cherokee Indians.
(h) Resolution of Contested Cases. If the Tribal Alcoholic Beverage
Control Commission levies a fine, or suspends or revokes a permit
pursuant to the provisions of G.S. 18B-104 for a violation of the
provisions applicable to the Eastern Band of Cherokee Indians in this
Section, the permittee shall have the right of appeal of an agency
final decision of the Tribal Commission to the tribal courts. Any
further appeal shall be to the appellate courts of the tribe. All fines
paid to the tribal commission in satisfaction of any penalty assessed
by the Tribal Commission may be retained by the Eastern Band of
Cherokee Indians to offset costs of operating the Tribal Alcoholic
Beverage Control Commission.
(i) Failure to Comply With Laws of the State of North Carolina. The
Tribe shall conform to future amendments to Chapter 18B of the North
Carolina
[[Page 5267]]
General Statutes as required by 18 U.S.C. 1161.
(j) Conflict of Laws. If any provision of North Carolina General
Statutes Section 18B-112 or its application conflicts with federal law,
the conflict of laws shall be resolved in favor of the federal law
unless compliance with the federal law abrogates a right reserved to
the State under the Constitution of the United States.
Sec. 18B-200(e) shall be amended to read as follows:
(e) Employees. The chairman is authorized to employ, discharge, and
otherwise supervise subordinate personnel of the Commission.
A new Sec. 18B-200(j) shall be added to read as follows:
(j) All Commissioners are subject to the same criminal background
checks as TCGE and TGC employees. Each Commissioner is required to
update their information.
Sec. 18B-203. Powers and duties of the Commission shall be amended
to read as follows:
Sec. 18B-203. Powers and duties of the Commission
(a) Powers.--The Commission shall have authority to:
(1) Administer the Tribal ABC laws;
(2) Provide for enforcement of the Tribal ABC laws, in conjunction
with the ALE Division;
(3) Issue ABC permits as allowed under this Ordinance;
(4) Adopt rules and procedures for the issuance and enforcement of
ABC permits;
(5) Administer an annual budget with said budget to be approved
annually by the Tribal Council;
(6) Act as the distributor of all alcohol on tribal trust lands.
Spirituous liquor and fortified wine shall be purchased by the TABCC
directly from North Carolina Warehouse, or as needed from a Local ABC
Store. Malt beverages and unfortified wine shall be purchased from
North Carolina authorized distributors and may be redistributed from a
TABCC warehouse or authorized to be delivered directly to a TABCC
authorized permitee; and
(7) Issue any Retail ABC license or permit issued by the North
Carolina Alcoholic Beverage Control Commission, including a temporary
license or permit. Negotiate and enter into contract with North
Carolina ABC Commission for purchase of spirituous liquor and fortified
wine; and
(8) Adopt fiscal control rules concerning the borrowing of money,
maintenance of working capital, investments, appointment of a financial
officer, the daily deposit of funds and any other rules necessary to
assure the proper accountability of public funds.
Sec. 18B-600. Alcoholic beverage elections shall be amended to
read as follows:
Sec. 18B-600. Alcoholic beverage elections
(a) All alcohol referendum questions shall be conducted in
accordance with Tribal law and its election procedures as set forth in
Section 161-9 of the Cherokee Code.
(b) As authorized in NC 18B-600, the following kinds of alcoholic
beverage elections shall be allowed as authorized by Tribal Council:
(1) Malt beverage;
(2) Unfortified Wine;
(3) ABC store; and
(4) Mixed beverage
A new Sec. 18B-603 shall be added to read as follows:
Sec. 18B-603. Effect of alcoholic beverage elections on issuance
of permits:
North Carolina 18B-603 language is adopted as Tribal Law (except
(e) Mixed Beverages at Airports, (f)(2) Special ABC Areas, and (h)
Permits based on existing permits).
Sec. 18B-700. Retail sale of alcoholic beverages shall be amended
to read as follows:
Sec. 18B-700. Retail sale of alcoholic beverages.
Spirituous liquor, fortified and unfortified wine and malt
beverages may be offered for retail sale only under the provisions of a
permit issued by the TABCC as authorized by the provisions of this
ordinance. The TABCC shall operate any retail spirituous and fortified
wine store that may in the future be authorized by Tribal election. The
TABCC shall also be authorized to operate a retail malt beverage and
unfortified wine store should that facility be authorized by a Tribal
election.
Sec. 18B-800 shall be amended to read as follows:
Sec. 18B-800. All alcoholic beverages authorized to be sold shall
be purchased by the permittee from TABCC or as directed by TABCC.
A New Sec. 18B-804 Alcoholic beverage Pricing shall read as
follows:
Sec. 18B-804. Alcoholic beverage Pricing
The uniform pricing of Spirits sold to permittees and the public
shall be the same uniform price as published by North Carolina 18B-804.
Where a tax or markup is imposed in this section, the TABCC is
authorized to impose the same tax or markup as a Tribal tax or markup,
where appropriate, and to utilize such tax or markup in operations of
TABCC and profits after operation shall be distributed as determined by
Tribal Council.
Sec. 18B-900 shall be amended to read as follows:
Sec. 18B-900. The TCGE shall be eligible to receive and to hold a
Tribal ABC permit for the retail sale of alcoholic beverages on the
premises of Harrah's Cherokee Casino & Hotel as authorized by the
special election referendum held on June 4, 2009. At the request of
TCGE, TABCC is authorized to issue a permit to a contracted or leased
facility providing a service for TCGE on the premises of Harrah's
Cherokee Casino and Hotel.
Be it further ordained that this amendment shall be effective upon
ratification by the Principal Chief, and all prior ordinances and
resolutions that are inconsistent with this ordinance are rescinded.
[FR Doc. 2012-2323 Filed 2-1-12; 8:45 am]
BILLING CODE 4310-4J-P
