Santee Sioux Nation-Title XXI-Alcohol, Chapter 1.-Santee Sioux Nation Liquor Control Ordinance, 4431-4435 [2013-01268]
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Federal Register / Vol. 78, No. 14 / Tuesday, January 22, 2013 / Notices
started the process through a notice in
the Federal Register on June 8, 2009 (74
FR 27173). For more about the refuge
and our planning process, please see
that notice.
Located about 60 miles north of
Tampa, the 30,843-acre Chassahowitzka
NWR was established for wintering
waterfowl and other migratory birds. In
1976, Congress designated 23,579 acres
of the refuge as ‘‘Wilderness.’’
Chassahowitzka NWR is managed as a
part of the Crystal River National
Wildlife Refuge Complex (Complex).
The refuge’s diverse ecosystems,
including prime estuarine habitat, hosts
a myriad and abundance of flora and
fauna. The marshlands, swamplands,
shallow bays, and tidal streams provide
the quantity and quality of aquatic plant
and animal life required to support
thousands of wintering waterfowl,
marsh birds and waterbirds, shorebirds,
fishes, and a variety of animal species
that depend on a marine environment.
The refuge also has 2,560 acres of
hardwood swamplands and 250 acres of
upland forest. Notable imperiled species
include Florida manatees and an
experimental population of whooping
cranes introduced to the marsh habitats
over a decade ago by means of a
partnership.
Background
The CCP Process
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The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee) (Administration Act), as
amended by the National Wildlife
Refuge System Improvement Act of
1997, requires us to develop a CCP for
each national wildlife refuge. The
purpose for developing a CCP is to
provide refuge managers with a 15-year
plan for achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and our policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation, wildlife
photography, and environmental
education and interpretation. We will
review and update the CCP at least
every 15 years in accordance with the
Administration Act.
Comments
We made copies of the Draft
Comprehensive Conservation Plan and
Environmental Assessment (Draft CCP/
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EA) available for a 30-day public review
and comment period via a Federal
Register notice on May 11, 2012 (77 FR
27792). We provided over 125 copies of
the Draft CCP/EA to individuals or
organizations requesting copies. A total
of 22 individuals, organizations, and
government agencies provided
comments on the Draft CCP/EA by U.S.
mail or email. Comments were received
from many organizations, including
Save the Manatee Club, Inc.; United
Waterfowlers of Florida, Inc.; Citrus
County Airboat Alliance; Southwest
Florida Water Management District;
Citrus County Planning; City of Crystal
River; National Park Service, Planning
and Compliance Division, Southeast
Region; U.S. Geological Survey; Florida
Fish and Wildlife Conservation
Commission; Florida Department of
State; and the Florida Clearinghouse.
CCP Alternatives, Including our
Preferred Alternative
We developed three alternatives for
managing the refuge (Alternatives A, B,
and C), with Alternative C selected for
implementation. This alternative relies
on our extensive partnerships and
promotes some new ones. We will hire
a volunteer coordinator to recruit and
train a volunteer corps for every
program area. This alternative proposes
additional staffing (a total of eight new
positions for the Complex) to provide
optimal resource protection and
management capability. Research will
include a broader suite of species, as
well as habitat studies to adaptively
manage for wildlife populations. The
impacts of commercial and visitor use
and external threats to the refuge will be
studied and the results of those studies
applied to refuge management and
public use. Upland uses will be
promoted though the development of
improved facilities and access, and an
observation platform and kayak landing
will be added to the Dog Island facility.
The addition of key positions, such as
a law enforcement officer, the volunteer
coordinator, and the biological and
computer-mapping technicians, will
allow for greater resource study,
mapping, data analysis, and
enforcement. The hiring of a wildlife
specialist and office assistant will
support staff and provide a dedicated
outreach coordinator. Refuge facilities
will be improved for both visitor
services and personnel. The existing
house that serves as the Complex
headquarters will be demolished, and a
new headquarters and visitor contact
station will be built. We will also
construct a pole barn near the
maintenance shop in which to store
equipment, and will make
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improvements to the maintenance area
and shop. All alternatives provide for
‘‘green’’ options, materials, and energy
efficiency in the design and
construction of new facilities and in
equipment replacement.
Authority
This notice is published under the
authority of the National Wildlife
Refuge System Improvement Act of
1997 (16 U.S.C. 668dd et seq.).
Dated: August 17, 2012.
Mark J. Musaus,
Acting Regional Director.
[FR Doc. 2013–01171 Filed 1–18–13; 8:45 am]
BILLING CODE P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Santee Sioux Nation—Title XXI—
Alcohol, Chapter 1.—Santee Sioux
Nation Liquor Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Title XXI—Alcohol, Chapter 1.—Santee
Sioux Nation Liquor Control Ordinance.
The Ordinance regulates and controls
the possession, sale and consumption of
liquor within the Indian Country of the
Santee Sioux Nation. The land is trust
land and this Ordinance allows for the
possession and sale of alcoholic
beverages within the jurisdiction of the
Santee Sioux Nation. This Ordinance
will increase the ability of the tribal
government to control the distribution
and possession of liquor within their
jurisdiction, and at the same time will
provide an important source of revenue,
the strengthening of the tribal
government and the delivery of tribal
services.
SUMMARY:
Effective Date: This Ordinance is
effective January 22, 2013.
FOR FURTHER INFORMATION CONTACT:
Danelle Daugherty, Tribal Government
Officer, Great Plains Regional Office,
Bureau of Indian Affairs, 115 4th
Avenue SE., Aberdeen, South Dakota
57401, Phone: (605) 226–7376; Fax:
(605) 226–7379: or De Springer, Office
of Indian Services, Bureau of Indian
Affairs, 1849 C Street NW., MS–4513–
MIB, Washington, DC 20240; Telephone
(202) 513–7640.
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
DATES:
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(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 Santee Sioux Tribal Council
adopted this Ordinance by Resolution
No. FY2013–12 on December 17, 2012.
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 Santee Sioux Tribal
Council duly adopted Title XXI—
Alcohol, Chapter 1.—Santee Sioux
Nation Liquor Control Ordinance by
Resolution No. FY2013–12 on December
17, 2012.
Dated: January 16, 2013.
Kevin K. Washburn
Assistant Secretary—Indian Affairs.
The Santee Sioux Nation’s Title XXI—
Alcohol, Chapter 1—Santee Sioux
Nation Liquor Control Ordinance shall
read as follows:
Section 1. Title
This Chapter of Title XXI of the
Santee Sioux Nation Law and Order
Code shall be known as the ‘‘Santee
Sioux Nation Liquor Control
Ordinance.’’
Section 2. Authority
This Ordinance is enacted pursuant to
the Act of August 15, 1953, 67 Stat. 586,
codified at 18 U.S.C. Sec. 1161, by the
authority of the Santee Sioux Tribal
Council under the Constitution and
Bylaws of the Santee Sioux Nation,
Article IV, Sections 1(i) and (q).
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Section 3. Revocation of Prior
Ordinance
All ordinances and resolutions of the
Santee Sioux Nation regulating,
authorizing, prohibiting, or in any wise
dealing with the sale of liquor
heretofore enacted or now in effect,
including but not limited to all prior
versions of the Santee Sioux Nation
Liquor Control Ordinance, are hereby
repealed and of no further force and
effect.
Section 4. General Purpose
The purpose of this Ordinance is to
provide civil laws for the Tribal
regulation and control of liquor within
the Santee Sioux Nation Reservation.
This law is enacted to regulate the sale
and distribution of liquor and beer
products on all properties within the
limits of the Santee Sioux Nation
Reservation, and to generate revenue
needed for Tribal programs and
services. It is the legislative intent of the
Tribal Council that all violations of this
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Ordinance, whether committed by
Tribal members, non-member Indians,
or non-Indians be considered civil in
nature rather than criminal.
Section 5. Declaration of Public Policy
and Purposes
A. The introduction, possession, and
sale of liquor on the Santee Sioux
Nation Reservation are matters of
special concern to the Santee Sioux
Nation.
B. Federal law prohibits the
introduction of liquor into Indian
Country (18 U.S.C. Sec. 1154 and other
statutes), except as provided therein,
and expressly affirms and delegates to
Tribes the governmental authority to
regulate and control liquor on Indian
Reservations. (18 U.S.C. Sec. 1161)
C. It is in the best interests of the
Nation to enact a Tribal Ordinance
governing liquor sales on the
Reservation which provides for
exclusive purchase, distribution, and
sale of liquor only on Tribal lands
within the exterior boundaries of the
Reservation. Further, the Nation has
determined and hereby requires that
said purchase, distribution, and sale
shall take place only at Tribally-owned
gaming facility complexes and other
Tribally-owned enterprises.
Section 6. Definitions
A. As used in the title, these words
shall have the following meanings
unless the context clearly requires
otherwise.
1. ‘‘Alcohol’’ means that substance
known as ethyl alcohol, hydrated oxide
of ethyl, alcohol, ethanol, or spirits of
wine, from whatever source or by
whatever process produced.
2. ‘‘Bar’’ means any establishment
with special space and accommodations
for the sale of liquor by the glass and for
consumption on the premises.
3. ‘‘Beer’’ means any alcoholic
beverage obtained by the alcoholic
fermentation of an infusion or decoction
of pure hops, or pure extract of hops
and pure barley malt or other
wholesome grain or cereal in water.
4. ‘‘Liquor’’ includes all fermented,
spirituous, vinous, or malt liquor or
combinations thereof, and mixed liquor
a part of which is fermented, and every
liquid or solid or semisolid or other
substance, patented or not, containing
distilled or rectified spirits, potable
alcohol, beer, wine, brandy, whiskey,
rum, gin, aromatic bitters, and all drinks
or drinkable liquids and all preparations
or mixtures capable of human
consumption and any liquid, semisolid,
solid, or other substances, which
contain alcohol.
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5. ‘‘Liquor Store’’ means any store at
which liquor is sold and, for the
purpose of this Ordinance, including
stores only a portion of which are
devoted to sale of liquor.
6. ‘‘Malt Liquor’’ means beer, strong
beer, ale, stout and porter.
7. ‘‘Nation’’ means the Santee Sioux
Nation.
8. ‘‘Package’’ means any container or
receptacle used for holding liquor.
9. ‘‘Person’’ means any natural
person, firm, partnership, joint venture
association, corporation, municipal
corporation, estate, trust, business
receiver, or any group or combination
acting as a unit and the plural as well
as the singular in number.
10. ‘‘Public Place’’ includes State,
County, Tribal or Federal highways or
roads; buildings and grounds used for
school purposes; public dance halls and
grounds adjacent thereto; soft drink
establishments, public buildings, public
meeting halls, lobbies, halls and dining
room of hotels, restaurants, theaters,
gaming facilities, entertainment centers,
stores, garages, and filling stations
which are open to and/or are generally
used by the public and to which the
public is permitted to have unrestricted
access; public conveyances of all kinds
and character; and all other places of
like or similar nature to which the
general public has unrestricted right of
access, and which are generally used by
the public.
11. ‘‘Reservation’’ means all territory
within the exterior boundaries of the
area recognized as the Santee Sioux
Nation’s Reservation and all current
land and future acquired land which is
located outside of said boundaries over
which it is possible to extend the
Nation’s jurisdiction or authority,
including, without limitation, fee lands,
territory consisting of Indian country of
the Nation or of its members, and all
property held by the United States in
trust for the Nation or for a member of
the Nation.
12. ‘‘Sale’’ and ‘‘Sell’’ include
exchange, barter and traffic, and also
include the selling or supplying or
distributing of liquor, by any means
whatsoever, by any person to any
person.
13. ‘‘Spirits’’ means any beverage
which contains alcohol obtained by
distillation, including wines exceeding
seventeen percent of alcohol by weight.
14. ‘‘Tribal Council’’ means the
governing body of the Santee Sioux
Nation.
15. ‘‘Tribal Court’’ means the Santee
Sioux Nation Tribal Court.
16. ‘‘Wine’’ means any alcoholic
beverage obtained by fermentation of
the natural contents of fruits, vegetables,
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honey, milk or other products
containing sugar, whether or not other
ingredients are added during or after
fermentation, and containing not more
than seventeen percent of alcohol by
weight, including sweet wines fortified
with wine spirits, such as port, sherry,
muscatel and angelica, not exceeding
seventeen percent of alcohol by weight.
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Section 7. Rules, Regulations and
Enforcement
A. It shall be a violation of this
Ordinance for any person:
1. To in any manner introduce, sell,
offer for sale, distribute, transport,
consume, use or possess liquor on the
Reservation except as expressly
permitted by this Ordinance;
2. To buy liquor on the Reservation
from any person other than a Triballylicensed and Tribally-owned gaming
facility complex or other Triballylicensed and Tribally-owned enterprise;
3. Engaged wholly or in part in the
business of carrying passengers for hire,
and every agent, servant, or employee of
such person, to permit any person to
drink liquor in any public conveyance
or for any person to consume liquor in
a public conveyance;
4. Under the age of 21 years to
consume, acquire or have in possession
any liquor. No person owning or
controlling a premises shall permit any
other person under the age of 21 to
consume liquor on such premises
except as expressly exempted by this
Ordinance;
5. To sell or provide any liquor to any
person under the age of 21 years;
6. To transfer in any manner an
identification of age to a person under
the age of 21 years for the purpose of
permitting such person to obtain liquor;
provided, that there is corroborative
testimony of a witness other than the
underage person;
7. To attempt to purchase liquor
through the use of false or altered
identification which falsely purports to
show the individual as being over the
age of 21 years; or
8. To possess, introduce or consume
liquor at a place or premises that is or
would be considered a public, common
or other nuisance under any Tribal,
State or Federal statutory or common
law.
B. Any person who promotes any
activity or owns or controls land on
which there is any activity that is a
violation of this Ordinance shall be
liable for and subject to the same
penalties and proceedings as the person
who directly commits the violation.
C. Any person who commits a
violation of this Ordinance shall be
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liable to pay the Nation up to $5,000 per
violation as civil penalties.
D. When requested by the provider of
liquor, every person shall be required to
present official documentation of the
bearer’s age, signature, and photograph.
Official documentation includes one of
the following:
1. Driver’s license or identification
card;
2. United States Active Duty Military
card; or
3. Passport.
E. Liquor which is possessed contrary
to the terms of this Ordinance is
declared to be contraband. Any Tribal
agent, employee, or officer who is
authorized by the Tribal Council to
enforce this Ordinance shall seize all
contraband and preserve it in
accordance with the provisions
established for the preservation of
impounded property. Upon being found
in violation of the Ordinance, the party
shall forfeit all right, title and interest in
the items seized which shall become the
property of the Nation.
Section 8. Abatement
A. Any room, house, building,
vehicle, structure, land, or other place
where liquor is sold, manufactured,
bartered, exchanged, given away,
furnished, consumed or possessed or
otherwise disposed of in violation of the
provisions of this Ordinance or of any
other Tribal law, and all property kept
in and used in maintaining such place,
is hereby declared to be a nuisance.
B. The Chairman of the Tribal Council
or, if the Chairman fails or refuses to do
so, by a majority vote, the Tribal
Council may institute and maintain an
action in the Tribal Court in the name
of the Nation to abate and perpetually
enjoin any nuisance declared under this
Article. In addition to other remedies at
Tribal law, depending upon the severity
of past offenses, the risk of offenses in
the future, the effect of the violator’s
activity on public health, safety or
welfare and any other appropriate
criteria, the Tribal Court may order the
room, house, building, vehicle,
structure, land, or place closed or it may
require the owner, lessee, tenant, or
occupant thereof to give bond payable to
the Nation, of sufficient sum and
conditioned that liquor will not be
thereafter manufactured, kept, sold,
bartered, exchanged, given away,
furnished, possessed, consumed, or
otherwise disposed of in violation of the
provisions of this Ordinance or of any
other applicable Tribal law and that
such person will pay all penalties, fees,
costs, and damages assessed against him
for any violation of this Ordinance or
other Tribal laws. If any conditions of
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the bond be violated, the bond may be
applied to satisfy any amounts due to
the Nation. No order or injunction
closing any business for a violation of
this Ordinance shall be issued without
granting the opportunity to have a full
evidentiary and adversary hearing.
C. In all cases where any person has
been found in violation of this
Ordinance, an action may be brought to
abate as a nuisance any real estate or
other property involved in the violation
of the Ordinance, and violation of this
Ordinance shall be prima facie evidence
that the room, house, building, vehicle,
structure, land or place against which
such action is brought is a public
nuisance.
Section 9. Powers of Enforcement
A. In furtherance of this Ordinance,
the Tribal Council shall have the
following powers and duties:
1. To publish and enforce rules and
regulations governing liquor on the
Reservation;
2. To employ managers, accountants,
security personnel, inspectors and such
other persons as shall be reasonably
necessary to allow the Tribal Council to
perform its functions;
3. To issue licenses permitting the
sale, manufacture or distribution of
liquor on the Reservation;
4. To bring proceedings in the Tribal
Court or other appropriate forum to
enforce this Ordinance as necessary;
5. To seek penalties, taxes, damages,
fees, and other appropriate remedies,
orders and injunctions for the violation
of this Ordinance;
6. To make such reports as may be
required; and
7. To collect taxes and fees levied or
set by the Tribal Council and to keep
accurate records, books, and accounts.
B. In the exercise of its powers and
duties under this Ordinance, the Tribal
Council and its individual members
shall not:
1. Accept any gratuity, compensation
or other thing of value from any liquor
wholesaler, retailer, or distributor or
from any licensee;
2. Waive the immunity of the Nation
from suit without the express written
consent and resolution of the Tribal
Council.
C. Inspection Rights. All premises on
which liquor is sold, consumed,
possessed, or distributed shall be open
for inspection by the Tribal Council or
its designee at all reasonable times for
the purpose of ascertaining whether the
rules and regulations of the Tribal
Council and this Ordinance are being
complied with.
D. Hearings and Appeals. Violations
of this Ordinance shall be deemed a
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civil offense against the Nation. Civil
actions by the Nation against violators
may proceed in hearings initiated and
held by the Nation’s Tax Commissioner
or other hearing officer designated by
Tribal Council. Any such civil
proceeding shall comply with all due
process requirements of the Indian Civil
Rights Act. The Tax Commissioner or
the designee may impose penalties,
damages, costs, taxes and attorneys’ fees
and take any other actions reasonably
necessary to carry out this Ordinance.
Liabilities imposed under this
Ordinance shall be a lien upon the
violator’s property located on the
Reservation until paid and may be
enforced and executed upon through the
Tribal Court. Orders issued hereunder
may be appealed to Tribal Court and
considered under the arbitrary and
capricious standard of review.
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Section 10. Sales of Liquor
A. License Required. Sales of liquor
on the Reservation may only be made at
businesses which hold a Santee Sioux
Nation Liquor License.
B. Sales for Cash. All liquor sales on
the Reservation shall be on a cash only
basis and no credit shall be extended to
any person, organization, or entity,
except that the provision does not
prevent the payment for purchases with
use of credit cards such as Visa,
MasterCard, American Express, etc.
C. Sale for Personal Consumption. All
sales shall be for the personal use and
consumption of the purchaser. Resale of
any liquor on the Reservation is
prohibited. Any person (including but
not limited to any Tribally-owned
enterprise) who is not licensed pursuant
to this Ordinance and who purchases
liquor on the Reservation and sells it,
whether in the original container or not,
shall violate this Ordinance.
Section 11. Licensing
A. Procedure. In order to control the
consumption of liquor and the
proliferation of establishments on the
Reservation which sell or serve liquor
by the bottle or by the drink, all
Tribally-owned enterprises which desire
to sell liquor on the Reservation must
apply to the Nation for a license.
B. Application. Any Tribally-owned
enterprise applying for a license to sell
or serve liquor on the Reservation must
fill in the application provided for this
purpose by the Nation and pay such
application fee as may be set from time
to time by the Tribal Council for this
purpose. Said application must be filled
out completely in order to be
considered.
C. Issuance of License. The Tribal
Council may issue a license if it believes
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that such issuance is in the best
interests of the Nation. This Ordinance
permits Tribally-licensed liquor sales
and consumption at gaming facility
complexes and other Tribally-owned
enterprises on the Reservation. Issuance
of a license for any other purposes will
not be considered to be in the best
interests of the Nation.
D. Period of License. Each license may
be issued for a period not to exceed two
(2) years from the date of issuance.
E. Renewal of License. A licensee may
renew its license if the licensee has
complied in full with this Ordinance,
provided however that the Tribal
Council may refuse to renew a license
if it finds that doing so would not be in
the best interests of the health and
safety of the Nation.
F. Revocation of License. The Tribal
Council may suspend or revoke a
license due to one or more violations of
this Ordinance upon notice and hearing
at which the licensee is given an
opportunity to respond to any charges
against it and to demonstrate why the
license should not be suspended or
revoked.
G. Hearings. Within 15 days after a
licensee is mailed written notice of a
proposed suspension or revocation of
the license, of the imposition of
penalties or of other adverse action
proposed by the Tribal Council under
this Ordinance, the licensee may deliver
to the Tribal Council a written request
for hearing on whether the proposed
action should be taken. A hearing on the
issues shall be held before a person or
persons appointed by the Tribal Council
and a written decision will be issued.
Such decisions will be considered final
unless an appeal is filed exclusively
with the Tribal Court within 15 days of
the date of mailing the decision to the
licensee. The Tribal Court will then
conduct a hearing and will issue an
order using an arbitrary and capricious
standard of review. All proceedings
conducted under this and any other
sections of this Ordinance shall be in
accordance with due process of law.
The responsibility, duty, and burden
shall be on the licensee to keep its
address for receiving adverse actions or
decisions updated and available to the
Tribal Council and to accept any
certified mail from the Tribe or its
designee for the purposes of
communicating such adverse actions or
decisions.
H. Non-transferability of Licenses.
Licenses issued by the Tribal Council
shall not be transferable and may only
be utilized by the person or entity in
whose name it was issued.
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Section 12. Taxes
A. Sales Tax. The Tribal Council shall
have the authority, as may subsequently
be specified under Tribal law, to levy
and to collect a tax on each retail sale
of liquor on the Reservation based upon
a percent of the retail sales price. All
taxes from the sale of liquor on the
Reservation shall be paid over to the
General Treasury of the Nation.
B. Taxes Due. All taxes for the sale of
liquor on the Reservation are due on the
15th day of the month following the end
of the calendar quarter for which the
taxes are due or on such other dates as
specified by Tribal regulation.
C. Delinquent Taxes. Past due taxes
shall accrue interest at 2% per month.
D. Reports. Along with payment of the
taxes imposed herein, the taxpayer shall
submit a quarterly accounting of all
income from the sale or distribution of
liquor, as well as for the taxes collected.
E. Audit. As a condition of obtaining
a license, the licensee must agree to the
review or audit of its book and records
relating to the sale of liquor on the
Reservation. Said review or audit may
be done periodically by the Nation or
through its agents or employees
whenever, in the opinion of the Tribal
Council, such a review or audit is
necessary to verify the accuracy of
reports.
Section 13. Revenue
Revenue collected under this
Ordinance, from whatever source, shall
be expended for administrative costs
incurred in the enforcement of this
Ordinance. Excess funds shall be subject
to appropriation by the Tribal Council
for governmental and social services,
including, but not limited to, education,
prevention and treatment programs to
fight alcohol abuse on the Reservation.
Section 14. Exceptions
A. The introduction, distribution,
transport, consumption, sale, offer for
sale, use, consumption and possession
of liquor is permitted:
1. For consumption at a gaming
facility complex or other Triballyowned enterprise;
2. For scientific research or
manufacturing products other than
liquor;
3. For medical use under the direction
of a physician, medical or dental clinic,
or hospital;
4. For preparations not fit for human
consumption such as cleaning
compounds and toilet products, and for
flavoring extracts; or
5. For sacramental use such as wines
delivered to priests, rabbis, and
ministers.
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B. The introduction, distribution,
transport, consumption, use and
possession of liquor for personal
consumption by a person legally present
on private, non-commercial property are
permitted, subject to applicable Tribal
law.
C. These exceptions shall be narrowly
construed.
Section 15. Compliance with 18 U.S.C.
1161
The Nation will comply with
Nebraska liquor laws to the extent
required by 18 U.S.C. 1161.
Section 16. Severability and Effective
Date
A. If any provision or application of
this Ordinance is determined by review
to be invalid, such determination shall
not be held to render ineffectual the
remaining portions of this Ordinance or
to render such provisions inapplicable
to other persons or circumstances.
B. This Ordinance is effective
immediately upon publication in the
Federal Register.
Section 17. Amendment and
Construction
A. This Ordinance may only be
amended by a vote of the Tribal Council
or as otherwise allowed by Tribal law
and all such amendments shall not be
effective until thirty days after the date
of publication in the Federal Register.
B. Nothing in this Ordinance shall be
construed to diminish or impair in any
way the rights or sovereign powers of
the Nation or Tribal government.
[FR Doc. 2013–01268 Filed 1–18–13; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAZ910000.L13400000.DT0000.
LXSS058A0000]
Notice of Availability of the Restoration
Design Energy Project Record of
Decision/Approved Resource
Management Plan Amendments, AZ
AGENCY:
Bureau of Land Management,
Interior.
Notice of availability.
ACTION:
The Bureau of Land
Management (BLM) announces the
availability of the Restoration Design
Energy Project (RDEP) Record of
Decision (ROD)/approved Resource
Management Plan (RMP) amendments
for BLM-administered lands in Arizona.
The Arizona State Director signed the
ROD on January 18, 2013, which
tkelley on DSK3SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
18:11 Jan 18, 2013
Jkt 229001
constitutes the BLM’s final decision and
makes the approved RMP amendments
effective immediately.
ADDRESSES: Copies of the ROD/
approved RMP amendments are
available upon request from the BLM,
Arizona State Office, One North Central
Avenue, Suite 800, Phoenix, AZ 85004–
4427 or via the Internet at https://
www.blm.gov/az/st/en/prog/energy/arra
_solar.htm. Copies of the ROD/approved
RMP amendments are also available for
public inspection at the Arizona State
Office.
FOR FURTHER INFORMATION CONTACT:
Kathy Pedrick, BLM Project Manager;
telephone: 602–417–9235; mail: One
North Central Avenue, Suite 800,
Phoenix, AZ 85004–4427; or email: az_
arra_rdep@blm.gov. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, 7 days a week,
to leave a message or question with the
above individual. You will receive a
reply during normal business hours.
SUPPLEMENTARY INFORMATION: The RDEP
supports the Secretary of the Interior’s
goals to build America’s new energy
future and to protect and restore
treasured landscapes. The purpose of
the RDEP was to conduct statewide
planning that fosters environmentally
responsible development of renewable
energy and allows the permitting of
future renewable energy development
projects to proceed in a more efficient
and standardized manner. The RDEP
ROD identifies geographic areas best
suited for renewable energy
development and establishes a baseline
set of environmental protection
measures for such projects. A total of
192,100 acres are identified as
Renewable Energy Development Areas
(REDAs) in the ROD/approved RMP
amendments.
The following BLM RMPs are
amended through the RDEP ROD to
incorporate the identification of REDAs
and environmental protection measures,
as appropriate: Bradshaw-Harquahala
RMP (2010); Arizona Strip Field Office
RMP (2008); Kingman Resource Area
RMP (1995); Lake Havasu Field Office
RMP (2007); Lower Sonoran RMP
(2012); Phoenix RMP (1988); Safford
District RMP (1991); and Yuma Field
Office RMP (2010). Additionally, the
BLM is amending the Yuma Field Office
RMP through this ROD to designate the
Agua Caliente Solar Energy Zone (SEZ),
identify SEZ-specific design features,
change the Visual Resource
Management (VRM) class from VRM
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
4435
class III to VRM class IV for lands
within the 2,550-acre SEZ, and remove
the Special Recreation Management
Area designation and Wildlife Habitat
Management Area allocations from
within the SEZ.
The preferred alternative as described
in the RDEP Draft Environmental Impact
Statement (EIS) was carried forward
with some modifications into the Final
EIS/proposed RMP amendments,
published in the Federal Register on
October 26, 2012 (77 FR 65401) and
November 2, 2012 (77 FR 66183). There
are no appealable decisions within the
ROD/approved RMP amendments.
The BLM did not receive any protest
letters on the RDEP Final EIS/proposed
RMP amendments. However, the BLM
Arizona State Director did receive four
comment letters on the RDEP Final EIS;
the comments were reviewed for
content, and the ROD includes a
discussion of the clarifications made as
a result of the comment letters.
No inconsistencies with State or local
plans, policies, or programs were
identified during the Governor’s
consistency review of the RDEP Final
EIS/proposed RMP amendments. The
approved RMP amendments are the
same as Alternative 6 described in the
RDEP Final EIS/proposed RMP
amendments with only minor editorial
modifications made in preparing the
ROD/approved RMP amendments. The
ROD/approved RMP amendments can
be accessed at the RDEP Web site:
https://www.blm.gov/az/st/en/prog/
energy/arra_solar.htm.
Authority: 40 CFR 1505.2 and 43 CFR
1610.5–1.
Raymond Suazo,
Arizona State Director.
[FR Doc. 2013–01193 Filed 1–18–13; 8:45 am]
BILLING CODE 4310–32–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAK930000 L16100000.DU0000.12XL]
BLM Director’s Response to the Alaska
Governor’s Appeal of the BLM Alaska
State Director’s Governor’s
Consistency Review Determination
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The Bureau of Land
Management (BLM) is publishing this
notice to explain why the BLM Director
is rejecting the Alaska Governor’s
recommendations regarding the
Environmental Assessment and Finding
SUMMARY:
E:\FR\FM\22JAN1.SGM
22JAN1
]]>Agencies
[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Pages 4431-4435]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01268]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Santee Sioux Nation--Title XXI--Alcohol, Chapter 1.--Santee Sioux
Nation Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Title XXI--Alcohol, Chapter 1.--
Santee Sioux Nation Liquor Control Ordinance. The Ordinance regulates
and controls the possession, sale and consumption of liquor within the
Indian Country of the Santee Sioux Nation. The land is trust land and
this Ordinance allows for the possession and sale of alcoholic
beverages within the jurisdiction of the Santee Sioux Nation. This
Ordinance will increase the ability of the tribal government to control
the distribution and possession of liquor within their jurisdiction,
and at the same time will provide an important source of revenue, the
strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective January 22, 2013.
FOR FURTHER INFORMATION CONTACT: Danelle Daugherty, Tribal Government
Officer, Great Plains Regional Office, Bureau of Indian Affairs, 115
4th Avenue SE., Aberdeen, South Dakota 57401, Phone: (605) 226-7376;
Fax: (605) 226-7379: or De Springer, Office of Indian Services, Bureau
of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC
20240; Telephone (202) 513-7640.
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
[[Page 4432]]
(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 Santee Sioux
Tribal Council adopted this Ordinance by Resolution No. FY2013-12 on
December 17, 2012.
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 Santee Sioux Tribal Council duly adopted
Title XXI--Alcohol, Chapter 1.--Santee Sioux Nation Liquor Control
Ordinance by Resolution No. FY2013-12 on December 17, 2012.
Dated: January 16, 2013.
Kevin K. Washburn
Assistant Secretary--Indian Affairs.
The Santee Sioux Nation's Title XXI--Alcohol, Chapter 1--Santee
Sioux Nation Liquor Control Ordinance shall read as follows:
Section 1. Title
This Chapter of Title XXI of the Santee Sioux Nation Law and Order
Code shall be known as the ``Santee Sioux Nation Liquor Control
Ordinance.''
Section 2. Authority
This Ordinance is enacted pursuant to the Act of August 15, 1953,
67 Stat. 586, codified at 18 U.S.C. Sec. 1161, by the authority of the
Santee Sioux Tribal Council under the Constitution and Bylaws of the
Santee Sioux Nation, Article IV, Sections 1(i) and (q).
Section 3. Revocation of Prior Ordinance
All ordinances and resolutions of the Santee Sioux Nation
regulating, authorizing, prohibiting, or in any wise dealing with the
sale of liquor heretofore enacted or now in effect, including but not
limited to all prior versions of the Santee Sioux Nation Liquor Control
Ordinance, are hereby repealed and of no further force and effect.
Section 4. General Purpose
The purpose of this Ordinance is to provide civil laws for the
Tribal regulation and control of liquor within the Santee Sioux Nation
Reservation. This law is enacted to regulate the sale and distribution
of liquor and beer products on all properties within the limits of the
Santee Sioux Nation Reservation, and to generate revenue needed for
Tribal programs and services. It is the legislative intent of the
Tribal Council that all violations of this Ordinance, whether committed
by Tribal members, non-member Indians, or non-Indians be considered
civil in nature rather than criminal.
Section 5. Declaration of Public Policy and Purposes
A. The introduction, possession, and sale of liquor on the Santee
Sioux Nation Reservation are matters of special concern to the Santee
Sioux Nation.
B. Federal law prohibits the introduction of liquor into Indian
Country (18 U.S.C. Sec. 1154 and other statutes), except as provided
therein, and expressly affirms and delegates to Tribes the governmental
authority to regulate and control liquor on Indian Reservations. (18
U.S.C. Sec. 1161)
C. It is in the best interests of the Nation to enact a Tribal
Ordinance governing liquor sales on the Reservation which provides for
exclusive purchase, distribution, and sale of liquor only on Tribal
lands within the exterior boundaries of the Reservation. Further, the
Nation has determined and hereby requires that said purchase,
distribution, and sale shall take place only at Tribally-owned gaming
facility complexes and other Tribally-owned enterprises.
Section 6. Definitions
A. As used in the title, these words shall have the following
meanings unless the context clearly requires otherwise.
1. ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, alcohol, ethanol, or spirits of wine, from
whatever source or by whatever process produced.
2. ``Bar'' means any establishment with special space and
accommodations for the sale of liquor by the glass and for consumption
on the premises.
3. ``Beer'' means any alcoholic beverage obtained by the alcoholic
fermentation of an infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain or cereal in
water.
4. ``Liquor'' includes all fermented, spirituous, vinous, or malt
liquor or combinations thereof, and mixed liquor a part of which is
fermented, and every liquid or solid or semisolid or other substance,
patented or not, containing distilled or rectified spirits, potable
alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and
all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption and any liquid, semisolid, solid, or other
substances, which contain alcohol.
5. ``Liquor Store'' means any store at which liquor is sold and,
for the purpose of this Ordinance, including stores only a portion of
which are devoted to sale of liquor.
6. ``Malt Liquor'' means beer, strong beer, ale, stout and porter.
7. ``Nation'' means the Santee Sioux Nation.
8. ``Package'' means any container or receptacle used for holding
liquor.
9. ``Person'' means any natural person, firm, partnership, joint
venture association, corporation, municipal corporation, estate, trust,
business receiver, or any group or combination acting as a unit and the
plural as well as the singular in number.
10. ``Public Place'' includes State, County, Tribal or Federal
highways or roads; buildings and grounds used for school purposes;
public dance halls and grounds adjacent thereto; soft drink
establishments, public buildings, public meeting halls, lobbies, halls
and dining room of hotels, restaurants, theaters, gaming facilities,
entertainment centers, stores, garages, and filling stations which are
open to and/or are generally used by the public and to which the public
is permitted to have unrestricted access; public conveyances of all
kinds and character; and all other places of like or similar nature to
which the general public has unrestricted right of access, and which
are generally used by the public.
11. ``Reservation'' means all territory within the exterior
boundaries of the area recognized as the Santee Sioux Nation's
Reservation and all current land and future acquired land which is
located outside of said boundaries over which it is possible to extend
the Nation's jurisdiction or authority, including, without limitation,
fee lands, territory consisting of Indian country of the Nation or of
its members, and all property held by the United States in trust for
the Nation or for a member of the Nation.
12. ``Sale'' and ``Sell'' include exchange, barter and traffic, and
also include the selling or supplying or distributing of liquor, by any
means whatsoever, by any person to any person.
13. ``Spirits'' means any beverage which contains alcohol obtained
by distillation, including wines exceeding seventeen percent of alcohol
by weight.
14. ``Tribal Council'' means the governing body of the Santee Sioux
Nation.
15. ``Tribal Court'' means the Santee Sioux Nation Tribal Court.
16. ``Wine'' means any alcoholic beverage obtained by fermentation
of the natural contents of fruits, vegetables,
[[Page 4433]]
honey, milk or other products containing sugar, whether or not other
ingredients are added during or after fermentation, and containing not
more than seventeen percent of alcohol by weight, including sweet wines
fortified with wine spirits, such as port, sherry, muscatel and
angelica, not exceeding seventeen percent of alcohol by weight.
Section 7. Rules, Regulations and Enforcement
A. It shall be a violation of this Ordinance for any person:
1. To in any manner introduce, sell, offer for sale, distribute,
transport, consume, use or possess liquor on the Reservation except as
expressly permitted by this Ordinance;
2. To buy liquor on the Reservation from any person other than a
Tribally-licensed and Tribally-owned gaming facility complex or other
Tribally-licensed and Tribally-owned enterprise;
3. Engaged wholly or in part in the business of carrying passengers
for hire, and every agent, servant, or employee of such person, to
permit any person to drink liquor in any public conveyance or for any
person to consume liquor in a public conveyance;
4. Under the age of 21 years to consume, acquire or have in
possession any liquor. No person owning or controlling a premises shall
permit any other person under the age of 21 to consume liquor on such
premises except as expressly exempted by this Ordinance;
5. To sell or provide any liquor to any person under the age of 21
years;
6. To transfer in any manner an identification of age to a person
under the age of 21 years for the purpose of permitting such person to
obtain liquor; provided, that there is corroborative testimony of a
witness other than the underage person;
7. To attempt to purchase liquor through the use of false or
altered identification which falsely purports to show the individual as
being over the age of 21 years; or
8. To possess, introduce or consume liquor at a place or premises
that is or would be considered a public, common or other nuisance under
any Tribal, State or Federal statutory or common law.
B. Any person who promotes any activity or owns or controls land on
which there is any activity that is a violation of this Ordinance shall
be liable for and subject to the same penalties and proceedings as the
person who directly commits the violation.
C. Any person who commits a violation of this Ordinance shall be
liable to pay the Nation up to $5,000 per violation as civil penalties.
D. When requested by the provider of liquor, every person shall be
required to present official documentation of the bearer's age,
signature, and photograph. Official documentation includes one of the
following:
1. Driver's license or identification card;
2. United States Active Duty Military card; or
3. Passport.
E. Liquor which is possessed contrary to the terms of this
Ordinance is declared to be contraband. Any Tribal agent, employee, or
officer who is authorized by the Tribal Council to enforce this
Ordinance shall seize all contraband and preserve it in accordance with
the provisions established for the preservation of impounded property.
Upon being found in violation of the Ordinance, the party shall forfeit
all right, title and interest in the items seized which shall become
the property of the Nation.
Section 8. Abatement
A. Any room, house, building, vehicle, structure, land, or other
place where liquor is sold, manufactured, bartered, exchanged, given
away, furnished, consumed or possessed or otherwise disposed of in
violation of the provisions of this Ordinance or of any other Tribal
law, and all property kept in and used in maintaining such place, is
hereby declared to be a nuisance.
B. The Chairman of the Tribal Council or, if the Chairman fails or
refuses to do so, by a majority vote, the Tribal Council may institute
and maintain an action in the Tribal Court in the name of the Nation to
abate and perpetually enjoin any nuisance declared under this Article.
In addition to other remedies at Tribal law, depending upon the
severity of past offenses, the risk of offenses in the future, the
effect of the violator's activity on public health, safety or welfare
and any other appropriate criteria, the Tribal Court may order the
room, house, building, vehicle, structure, land, or place closed or it
may require the owner, lessee, tenant, or occupant thereof to give bond
payable to the Nation, of sufficient sum and conditioned that liquor
will not be thereafter manufactured, kept, sold, bartered, exchanged,
given away, furnished, possessed, consumed, or otherwise disposed of in
violation of the provisions of this Ordinance or of any other
applicable Tribal law and that such person will pay all penalties,
fees, costs, and damages assessed against him for any violation of this
Ordinance or other Tribal laws. If any conditions of the bond be
violated, the bond may be applied to satisfy any amounts due to the
Nation. No order or injunction closing any business for a violation of
this Ordinance shall be issued without granting the opportunity to have
a full evidentiary and adversary hearing.
C. In all cases where any person has been found in violation of
this Ordinance, an action may be brought to abate as a nuisance any
real estate or other property involved in the violation of the
Ordinance, and violation of this Ordinance shall be prima facie
evidence that the room, house, building, vehicle, structure, land or
place against which such action is brought is a public nuisance.
Section 9. Powers of Enforcement
A. In furtherance of this Ordinance, the Tribal Council shall have
the following powers and duties:
1. To publish and enforce rules and regulations governing liquor on
the Reservation;
2. To employ managers, accountants, security personnel, inspectors
and such other persons as shall be reasonably necessary to allow the
Tribal Council to perform its functions;
3. To issue licenses permitting the sale, manufacture or
distribution of liquor on the Reservation;
4. To bring proceedings in the Tribal Court or other appropriate
forum to enforce this Ordinance as necessary;
5. To seek penalties, taxes, damages, fees, and other appropriate
remedies, orders and injunctions for the violation of this Ordinance;
6. To make such reports as may be required; and
7. To collect taxes and fees levied or set by the Tribal Council
and to keep accurate records, books, and accounts.
B. In the exercise of its powers and duties under this Ordinance,
the Tribal Council and its individual members shall not:
1. Accept any gratuity, compensation or other thing of value from
any liquor wholesaler, retailer, or distributor or from any licensee;
2. Waive the immunity of the Nation from suit without the express
written consent and resolution of the Tribal Council.
C. Inspection Rights. All premises on which liquor is sold,
consumed, possessed, or distributed shall be open for inspection by the
Tribal Council or its designee at all reasonable times for the purpose
of ascertaining whether the rules and regulations of the Tribal Council
and this Ordinance are being complied with.
D. Hearings and Appeals. Violations of this Ordinance shall be
deemed a
[[Page 4434]]
civil offense against the Nation. Civil actions by the Nation against
violators may proceed in hearings initiated and held by the Nation's
Tax Commissioner or other hearing officer designated by Tribal Council.
Any such civil proceeding shall comply with all due process
requirements of the Indian Civil Rights Act. The Tax Commissioner or
the designee may impose penalties, damages, costs, taxes and attorneys'
fees and take any other actions reasonably necessary to carry out this
Ordinance. Liabilities imposed under this Ordinance shall be a lien
upon the violator's property located on the Reservation until paid and
may be enforced and executed upon through the Tribal Court. Orders
issued hereunder may be appealed to Tribal Court and considered under
the arbitrary and capricious standard of review.
Section 10. Sales of Liquor
A. License Required. Sales of liquor on the Reservation may only be
made at businesses which hold a Santee Sioux Nation Liquor License.
B. Sales for Cash. All liquor sales on the Reservation shall be on
a cash only basis and no credit shall be extended to any person,
organization, or entity, except that the provision does not prevent the
payment for purchases with use of credit cards such as Visa,
MasterCard, American Express, etc.
C. Sale for Personal Consumption. All sales shall be for the
personal use and consumption of the purchaser. Resale of any liquor on
the Reservation is prohibited. Any person (including but not limited to
any Tribally-owned enterprise) who is not licensed pursuant to this
Ordinance and who purchases liquor on the Reservation and sells it,
whether in the original container or not, shall violate this Ordinance.
Section 11. Licensing
A. Procedure. In order to control the consumption of liquor and the
proliferation of establishments on the Reservation which sell or serve
liquor by the bottle or by the drink, all Tribally-owned enterprises
which desire to sell liquor on the Reservation must apply to the Nation
for a license.
B. Application. Any Tribally-owned enterprise applying for a
license to sell or serve liquor on the Reservation must fill in the
application provided for this purpose by the Nation and pay such
application fee as may be set from time to time by the Tribal Council
for this purpose. Said application must be filled out completely in
order to be considered.
C. Issuance of License. The Tribal Council may issue a license if
it believes that such issuance is in the best interests of the Nation.
This Ordinance permits Tribally-licensed liquor sales and consumption
at gaming facility complexes and other Tribally-owned enterprises on
the Reservation. Issuance of a license for any other purposes will not
be considered to be in the best interests of the Nation.
D. Period of License. Each license may be issued for a period not
to exceed two (2) years from the date of issuance.
E. Renewal of License. A licensee may renew its license if the
licensee has complied in full with this Ordinance, provided however
that the Tribal Council may refuse to renew a license if it finds that
doing so would not be in the best interests of the health and safety of
the Nation.
F. Revocation of License. The Tribal Council may suspend or revoke
a license due to one or more violations of this Ordinance upon notice
and hearing at which the licensee is given an opportunity to respond to
any charges against it and to demonstrate why the license should not be
suspended or revoked.
G. Hearings. Within 15 days after a licensee is mailed written
notice of a proposed suspension or revocation of the license, of the
imposition of penalties or of other adverse action proposed by the
Tribal Council under this Ordinance, the licensee may deliver to the
Tribal Council a written request for hearing on whether the proposed
action should be taken. A hearing on the issues shall be held before a
person or persons appointed by the Tribal Council and a written
decision will be issued. Such decisions will be considered final unless
an appeal is filed exclusively with the Tribal Court within 15 days of
the date of mailing the decision to the licensee. The Tribal Court will
then conduct a hearing and will issue an order using an arbitrary and
capricious standard of review. All proceedings conducted under this and
any other sections of this Ordinance shall be in accordance with due
process of law. The responsibility, duty, and burden shall be on the
licensee to keep its address for receiving adverse actions or decisions
updated and available to the Tribal Council and to accept any certified
mail from the Tribe or its designee for the purposes of communicating
such adverse actions or decisions.
H. Non-transferability of Licenses. Licenses issued by the Tribal
Council shall not be transferable and may only be utilized by the
person or entity in whose name it was issued.
Section 12. Taxes
A. Sales Tax. The Tribal Council shall have the authority, as may
subsequently be specified under Tribal law, to levy and to collect a
tax on each retail sale of liquor on the Reservation based upon a
percent of the retail sales price. All taxes from the sale of liquor on
the Reservation shall be paid over to the General Treasury of the
Nation.
B. Taxes Due. All taxes for the sale of liquor on the Reservation
are due on the 15th day of the month following the end of the calendar
quarter for which the taxes are due or on such other dates as specified
by Tribal regulation.
C. Delinquent Taxes. Past due taxes shall accrue interest at 2% per
month.
D. Reports. Along with payment of the taxes imposed herein, the
taxpayer shall submit a quarterly accounting of all income from the
sale or distribution of liquor, as well as for the taxes collected.
E. Audit. As a condition of obtaining a license, the licensee must
agree to the review or audit of its book and records relating to the
sale of liquor on the Reservation. Said review or audit may be done
periodically by the Nation or through its agents or employees whenever,
in the opinion of the Tribal Council, such a review or audit is
necessary to verify the accuracy of reports.
Section 13. Revenue
Revenue collected under this Ordinance, from whatever source, shall
be expended for administrative costs incurred in the enforcement of
this Ordinance. Excess funds shall be subject to appropriation by the
Tribal Council for governmental and social services, including, but not
limited to, education, prevention and treatment programs to fight
alcohol abuse on the Reservation.
Section 14. Exceptions
A. The introduction, distribution, transport, consumption, sale,
offer for sale, use, consumption and possession of liquor is permitted:
1. For consumption at a gaming facility complex or other Tribally-
owned enterprise;
2. For scientific research or manufacturing products other than
liquor;
3. For medical use under the direction of a physician, medical or
dental clinic, or hospital;
4. For preparations not fit for human consumption such as cleaning
compounds and toilet products, and for flavoring extracts; or
5. For sacramental use such as wines delivered to priests, rabbis,
and ministers.
[[Page 4435]]
B. The introduction, distribution, transport, consumption, use and
possession of liquor for personal consumption by a person legally
present on private, non-commercial property are permitted, subject to
applicable Tribal law.
C. These exceptions shall be narrowly construed.
Section 15. Compliance with 18 U.S.C. 1161
The Nation will comply with Nebraska liquor laws to the extent
required by 18 U.S.C. 1161.
Section 16. Severability and Effective Date
A. If any provision or application of this Ordinance is determined
by review to be invalid, such determination shall not be held to render
ineffectual the remaining portions of this Ordinance or to render such
provisions inapplicable to other persons or circumstances.
B. This Ordinance is effective immediately upon publication in the
Federal Register.
Section 17. Amendment and Construction
A. This Ordinance may only be amended by a vote of the Tribal
Council or as otherwise allowed by Tribal law and all such amendments
shall not be effective until thirty days after the date of publication
in the Federal Register.
B. Nothing in this Ordinance shall be construed to diminish or
impair in any way the rights or sovereign powers of the Nation or
Tribal government.
[FR Doc. 2013-01268 Filed 1-18-13; 8:45 am]
BILLING CODE 4310-4J-P
