Three Affiliated Tribes; Amendments to Alcoholic Beverages Control Law, 12116-12119 [2017-03839]
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Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices
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FOR FURTHER INFORMATION CONTACT:
Joseph C. Polos, by mail at U.S. Fish and
Wildlife Service, 1655 Heindon Road,
Arcata, CA 95521; by telephone at 707–
822–7201; or by email at joe_polos@
fws.gov. Individuals with a disability
may request an accommodation by
sending an email to either point of
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In
accordance with the requirements of the
Federal Advisory Committee Act, 5
U.S.C. App., we announce that the
Trinity River Adaptive Management
Working Group will hold a meeting on
March 20–21, 2017. The TAMWG
affords stakeholders the opportunity to
give policy, management, and technical
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oversight.
SUPPLEMENTARY INFORMATION:
Meeting Agenda
• Agenda/Minutes
• Designated Federal Officer (DFO)
updates (including elections of
TAMWG officials);
• TMC Chair Report;
• Executive Director’s Report;
• Water Year 2017 flow and gravel
augmentation recommendations;
• Current TMC issues; and
• Public comment.
The final agenda will be posted on the
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mstockstill on DSK3G9T082PROD with NOTICES
Public Input
Interested members of the public may
submit relevant information or
questions for the TAMWG to consider
during the meeting. Written statements
must be received by the date listed in
DATES, so that the information may be
available to the TAMWG for their
consideration prior to this meeting.
Written statements must be supplied to
Joseph Polos in one of the following
formats: One hard copy with original
signature, one electronic copy with
original signature, and one electronic
copy via email (acceptable file formats
are Adobe Acrobat PDF, MS Word,
PowerPoint, or rich text file).
Registered speakers who wish to
expand on their oral statements, or
those who wished to speak but could
not be accommodated on the agenda,
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may submit written statements to Joseph
Polos up to 7 days after the meeting.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Meeting Minutes
Summary minutes of the meeting will
be maintained by Joseph Polos (see FOR
FURTHER INFORMATION CONTACT). The
minutes will be available for public
inspection within 14 days after the
meeting, and will be posted on the
TAMWG Web site at https://
www.fws.gov/arcata.
Dated: February 22, 2017.
Joseph C. Polos,
Supervisory Fish Biologist, Arcata Fish and
Wildlife Office, Arcata, California.
[FR Doc. 2017–03853 Filed 2–27–17; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAAA003010/
A0T602020.999900]
Three Affiliated Tribes; Amendments
to Alcoholic Beverages Control Law
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice.
ACTION:
This notice publishes an
amendment to the Three Affiliated
Tribes’ Alcoholic Beverages Control
Law (Law). The amended Law
supersedes the existing Three Affiliated
Tribes Alcoholic Beverages Control
Law, first enacted by the Three
Affiliated Tribes in 1986, with an
amendment last published in the
Federal Register on March 12, 2007 (72
FR 11049).
DATES: This Law shall become effective
March 30, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Todd Gravelle, Supervisory Tribal
Operations Specialist, Great Plains
Regional Office, Bureau of Indian
Affairs, 115 Fourth Avenue South East,
Suite 400, Aberdeen, South Dakota
57401 Telephone: (605) 226–7376, Fax:
(605) 226–7379.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
SUMMARY:
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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 control
laws for the purpose of regulating liquor
transactions in Indian country. The
Three Affiliated Tribes’ Business
Council first adopted the Alcoholic
Beverages Control Law, published in the
Federal Register, on February 6, 1987,
(52 FR 3869–02). The Three Affiliated
Tribes’ Business Council duly adopted
an amendment to Chapter II, Section 5
of the Law that was published in the
Federal Register on March 12, 2007 (72
FR 11049). This Federal Register Notice
comprehensively amends and
supersedes the existing Alcoholic
Beverages Control Law, enacted by the
Three Affiliated Tribes’ Business
Council on November 22, 2016. By the
delegated authority contained in 3 IAM
4.4, the Great Plains Regional Director,
Bureau of Indian Affairs, approved the
amendment to the Alcoholic Beverage
Control Ordinance on January 4, 2017.
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 Three Affiliated Tribes’ Business
Council, duly adopted these
amendments to the Alcoholic Beverages
Control Law on November 22, 2016.
Dated: February 10, 2017.
Michael S. Black,
Acting Assistant Secretary–Indian Affairs.
The Three Affiliated Tribes’ Alcoholic
Beverages Control Law, as amended,
shall read as follows:
Three Affiliated Tribes Alcoholic
Beverages Control Law
Chapter I. General Provisions
Section 1. Definitions
In this Ordinance, (1) ‘‘Alcohol’’ shall
mean neutral spirits distilled at or above
190° proof, whether or not such product
is subsequently reduced, for
nonindustrial use.
(2) ‘‘Alcoholic beverages’’ shall mean
any liquid suitable for drinking by
human beings, which contains one-half
of one percent or more of alcohol by
volume.
(3) ‘‘Beer’’ shall mean any malt
beverage containing more than one-half
of one percent of alcohol by volume.
(4) ‘‘Distilled spirits’’ shall mean any
alcoholic beverage that is not beer,
wine, sparkling wine or alcohol.
(5) ‘‘Licensed premises’’ means the
premises on which beer, liquor, or
alcoholic beverages are normally sold or
dispensed and shall be delineated by
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diagram or blueprint which shall be
included with the license application or
the license renewal application.
(6) ‘‘Liquor’’ shall mean any alcoholic
beverage except beer.
(7) ‘‘On-Sale’’ shall mean the sale of
any alcoholic beverage for consumption
only upon the premises where sold.
(8) ‘‘Off-Sale’’ shall mean the sale of
any alcoholic beverage for consumption
off the premises where sold.
(9) ‘‘Sale’’ shall mean the transfer of
bottled or canned alcoholic beverage for
currency exchange of title to such
alcoholic beverages.
(10) ‘‘Sparkling wine’’ shall mean
wine made effervescent with carbon
dioxide.
(11) ‘‘Transport’’ shall mean the
introduction of alcoholic beverages onto
the Fort Berthold Reservation by any
means of conveyance for the purpose of
sale, or distribution, to any licensed
retailer.
(12) ‘‘Tribal Council’’ shall mean the
governing body of the Three Affiliated
Tribes.
(13) ‘‘Wine’’ shall mean the alcoholic
beverage obtained by fermentation of
agricultural products containing natural
or added sugar or such beverage
fortified with brandy and containing not
more than twenty-four percent alcohol
by volume.
(14) The terms, ‘‘the provisions of this
Ordinance’’ as provided in this
Ordinance, or similar terms, shall
include all rules and regulations
established by the Tribal Legal
Department, and approved by Council,
to aid in the administration or
enforcement of this Ordinance.
Section 2. Public Policy Declared
This Ordinance shall be cited as the
‘‘Three Affiliated Tribes Alcoholic
Beverages Control Law’’ and, pursuant
to the constitutional and inherent
sovereignty of the Three Affiliated
Tribes, along with the authority
delegated to the Tribe by the Congress
of the United States to regulate the
manufacture, distribution, sale,
possession and consumption of
alcoholic beverages within the territory
of the Tribe, shall be exercised for the
purpose of protecting the welfare,
health, peace, morals and safety of all
people residing on the Fort Berthold
Reservation. All the provisions of this
Ordinance shall be liberally construed
to accomplish the above declared
purpose. It is the Three Affiliated
Tribes’ declared intent in enacting this
Ordinance to prohibit all traffic in
alcoholic beverages on the Fort Berthold
Indian Reservation except to the extent
allowed and permitted under the
express terms of this Ordinance.
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Section 3. Exceptions
Nothing contained in this title shall
be construed to apply to the following
articles, when they are unfit for
beverages purposes:
(1) Denatured alcohol produced and
used pursuant to acts of Congress, and
the regulations thereunder;
(2) Patent, propriety, medical,
pharmaceutical, antiseptic, and toilet
preparations;
(3) Flavoring extracts, syrups, and
food products; nor to the manufacture or
sale of said articles containing alcohol.
This title shall not apply to wines
delivered to priests, rabbis, and
ministers for sacramental use.
Section 4. General Prohibition
It shall be unlawful to manufacture
for sale, sell, offer, or keep for sale, or
transport alcoholic beverages on the
Fort Berthold Reservation except upon
the terms, conditions, limitations, and
restrictions specified in this Ordinance.
Chapter II. Retail Licensing
Section 1. Tribal Retail License
Required
No person shall engage in the sale of
alcoholic beverages at retail without
first securing an appropriate license
from the Three Affiliated Tribes as
provided herein.
Section 2. Qualifications for Retail
License
No retail license shall be issued to any
person unless the applicant shall file a
sworn application, accompanied by the
required fee, showing the following
qualifications:
(1) The applicant, other than
corporate, must be a legal resident of the
United States and a resident of the Fort
Berthold Indian Reservation and be a
person of good moral character.
(2) If the applicant is a corporation
then the manager of the licensed
premises and its officers, directors and
stockholders must be legal residents of
the United States and persons of good
moral character. Corporate applicants
must also be properly registered with
the Three Affiliated Tribes as entitled to
do business on the Fort Berthold
Reservation.
(3) The applicant or manager must not
have been convicted of an offense
determined by the Three Affiliated
Tribes to have a direct bearing upon an
applicant’s or manager’s ability to serve
the reservation public as a licensed
alcoholic beverage retailer.
(4) The Three Affiliated Tribes may
also require the applicant to set forth
such other information in this
application as is necessary to enable
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them to determine if a license should be
granted.
Section 3. License Fees
The fee for an annual on and off sale
liquor license shall be set by tribal
resolution at not less than two hundred
dollars nor more than two thousand and
one hundred dollars. The fee for an
annual on and off sale beer license shall
be set by tribal resolution at not less
than fifty dollars nor more than six
hundred dollars.
Section 4. Special Permit Authorized
The Three Affiliated Tribes may by
special permit authorize an on sale, off
sale, or on or off sale alcoholic beverage
licensee to engage in the sale of
alcoholic beverages at special events on
licensed premises as may be designated
by the permit. A fee for the special
permit may be set by tribal resolution at
not more than twenty-five dollars. The
permit shall not be valid for a period
greater than three consecutive days.
Section 5: Dispensing Prohibited on
Certain Days
A person may not dispense or permit
the consumption of alcoholic beverages
on a licensed premises between the
hours of two a.m. and twelve noon on
Sundays, between the hours of two a.m.
and eight a.m. on all other days of the
week, or on Christmas Day or after six
p.m. on Christmas Eve. In addition a
person may not provide off-sale after
one a.m. on Thanksgiving Day.
Section 6. Prohibitions as to Persons
Under Twenty-One Years of Age
No licensee shall dispense alcoholic
beverages to a person under twenty-one
years of age or permit such person to
remain on the licensed premises while
alcoholic beverages are being sold or
displayed. Any person under twentyone years of age may remain in a
restaurant where alcoholic beverages are
being sold if the restaurant is separated
from the room in which alcoholic
beverages are opened or mixed, if gross
sales of food are at least equal to gross
sales of alcoholic beverages which are
consumed in the dining area or if (1)
employed by the restaurant as a food
waiter, food waitress, busboy, or busgirl
under the direct supervision of a person
twenty-one or more years of age, and not
engaged in the sale, dispensing,
delivery, or consumption of alcoholic
beverages, or (2) if the person is a law
enforcement officer entering the
premises in the performance of official
duty. Any premises where alcoholic
beverages are sold may employ persons
from eighteen to twenty-one years of age
to work in the capacity of musicians
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under the direct supervision of a person
over twenty-one years of age.
Chapter III. Wholesale Licensing
Section 1. Tribal Wholesale License
No person shall engage in the sale of
alcoholic beverages at wholesale
without first securing an appropriate
license from the Three Affiliated Tribes
as provided herein. Such a license shall
allow sale only to licensed retailers.
Section 2. Qualifications for Wholesale
License
No such license shall be issued unless
the applicant shall file a sworn
application, accompanied by the
required fee, showing the following
qualifications:
(1) Applicant other than corporate
must be a legal resident of the United
States and a person of good moral
character. If the applicant is a
corporation, the manager of the licensed
premises must be a citizen of the United
States and a person of good moral
character, and the officers, directors and
stockholders must be legal residents of
the United States and persons of good
moral character. Corporate applicants
must also be registered with the Three
Affiliated Tribes as entitled to do
business on the Fort Berthold
Reservation.
(2) The Tribal Business Council may
require the applicant to set forth such
other information as is necessary to
enable it to determine if a license
should be granted.
Section 3. License Fees
The fee for an annual wholesale
license shall be set by tribal resolution
at not less than two hundred dollars nor
more than one thousand and one
hundred dollars.
Chapter IV. Transport Licensing
Section 1. Tribal Transport License
Required
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No person shall engage in the
transport for sale, or distribution of
alcoholic beverages on the Fort Berthold
Reservation without first securing an
appropriate license from the Three
Affiliated Tribes as provided herein.
Such a license shall allow the delivery,
or distribution, of alcoholic beverages
only to licensed retailers.
Section 2. Qualifications for License
No such license shall be issued unless
the applicant shall file a sworn
application, accompanied by the
required fee showing the following
qualifications:
(1) An Applicant other than corperate
must be a legal resident of the United
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States and a person of good moral
character. If the applicant is a
corporation, the manager of the licensed
premises must be a citizen of the United
States and a person of good moral
character, and the officers, directors and
stockholders must be legal residents of
the United States and persons of good
moral character. Corporate applicants
must also be registered with the Three
Affiliated Tribes as entitled to do
business on the Fort Berthold
Reservation.
(2) The Tribal Council may require
the applicant to set forth such other
information as is necessary to enable it
to determine if a license should be
granted.
Section 3. License Fees
The fee for an annual transport
license shall be set by tribal resolution
at not less than two hundred dollars and
no more than one thousand and one
hundred dollars.
Chapter V. Taxation
Section 1. Tax on Retail Sales of
Alcoholic Beverages
(1) There is hereby imposed a tax of
seven percent (7%) on the gross receipts
of all sales at retail of alcoholic
beverages within the exterior
boundaries of the Fort Berthold
Reservation.
(2) Licensed alcoholic beverage
retailers shall be liable for the collection
and remittance of the tax on the retail
sale price of alcoholic beverages.
Licensed alcoholic beverage retailers
shall keep accurate records of all sales
of alcoholic beverages and shall file
monthly returns with the Three
Affiliated Tribes’ Tax Commission, on
such forms as the Tax Commission may
require, showing the quantity and the
price of alcoholic beverages sold at
retail, along with the amount of the tax
due and other information which the
department may reasonably require.
Said monthly return shall be
transmitted to the Tax Commission no
later than 30 days after the month
covered by the return. The tax due for
that month shall be remitted together
with the monthly return.
(3) Licensed alcoholic beverage
retailers shall keep, in current and
available form on the licensed premises,
records of all purchases, sales, and
quantities on hand and such other
information as the Tax Commission may
reasonably require. The Tax
Commission may require from any
licensee any reports he shall prescribe,
and he may require the production of
any book, record, document, invoice,
and voucher kept, maintained, received,
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Sfmt 4703
or issued by any such licensee in
connection with his business, which in
the judgment of the Tax Commission
may be necessary to administer and
discharge his duties, to secure the
maximum of revenue to be paid, and to
carry out the provisions of law. If
default is made, or if any such licensee
fails or refuses to furnish any other
reports or information referred to upon
request therefor, the Tax Commission
may enter the premises of such licensee
where the records are kept and make
such examination as is necessary to
compile the required report. The cost of
such examination shall be paid by the
licensee whose reports are in default.
Section 2. Reports Required on
Shipments of Beverages Into
Reservation
Any person who transports, sells or
ships alcoholic beverages for sale or
distribution within this Reservation
shall forward to the Tax Commission
such a report as the Tax Commission
shall require, giving the name and
address of the licensee or person making
the purchase, the quantity and kind of
alcoholic beverages sold, the manner of
delivery and such other information as
the Tax Commission requires.
Section 3. Administration and
Enforcement
The provisions of the Tribal Tax Code
of the Three Affiliated Tribes pertaining
to all aspects of the administration and
enforcement of Tribal taxes shall govern
the administration and enforcement of
the tax on retail sales of alcoholic
beverages imposed herein.
Chapter VI. Penalties Imposed for
Violations of Ordinance
Section 1. General Penalties.
Anyone violating this ordinance shall
be subject to civil penalties and/or
suspension or revocation of their tribal
license according to a schedule of
penalties established by the Tribal Legal
Department and approved for
publication by the Tribal Business
Council.
Section 2. Hearing on Alleged Violations
Anyone having information that a
person has violated any provisions of
this ordinance may file with the Tribal
Legal Department an affidavit
specifically setting forth such violation.
Upon receipt of such affidavit, the Legal
Department shall set the matter for
hearing not later than the next regular
meeting of the Tribal Council. A copy of
the affidavit and notice of hearing shall
be mailed to the affected person by
registered mail not less than five days
before such hearing. A record of such
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hearings will be made by stenographic
notes or by the use of an electronic
recording device. The person shall have
the right to be represented by counsel,
question witnesses and examine the
evidence against him as well to present
evidence and witnesses in his own
defense.
Section 3. Suspension or Revocation of
License
If after such hearing the Tribal
Council finds the violation set forth in
the affidavit has been proved by the
evidence, an order shall be served on
the licensee revoking or suspending his
license for a period of time and
imposing such other civil penalties as
are consistent with a policy established
by the Tribal Legal Department and
approved by the Tribal Business
Council. Such action may be appealed
to the Tribal Court which shall have
jurisdiction to either vacate, remand or
modify the Tribal Council’s action,
except that the order revoking or
suspending the license, or imposing
other penalties shall be effective while
the appeal is pending.
Section 4. Other Penalties
The Tribal Business Council may
impose such other civil penalties,
according to a policy established by the
Tribal Legal Department and approved
by the Tribal Business Council, for any
violation of this Ordinance including
the failure to apply for or to possess the
appropriate tribal license. Such tribal
action imposing such penalties on any
person may be appealed to Tribal Court,
which shall have jurisdiction to either
vacate, remand or modify the Tribal
Council’s action except that the
imposition of the penalties shall be
effective while the appeal is pending.
Section 5. Powers of Tribal Chairman
The Tribal Chairman, or his designee,
at a hearing under this Ordinance shall
have the power to administer oaths and
subpoena and examine witnesses.
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Section 6. Effect of Findings on Tribal
Court
The Tribal Court, in any matter heard
on appeal under this ordinance, shall
give substantial weight to the findings of
fact made by the Tribal Business
Council.
Section 6. Sovereign Immunity
The jurisdiction of the Tribal Council
and Tribal Court under this Chapter
shall be exclusive. Except as authorized
in this Chapter with respect to the
Tribal Court’s jurisdiction to hear
appeals under sections 3 and 4, nothing
in this Ordinance shall be construed to
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Jkt 241001
waive the Tribe’s sovereign immunity
from suit.
Chapter VII. Miscellaneous Provisions
Section 1. Agreement by Licensee To
Grant Access for Inspection Purposes
Every licensee under this Ordinance,
as a condition of the grant of a tribal
license, consents to the inspection of his
premises, including all buildings, safes,
cabinets, lockers and storerooms
thereon. Such inspection shall be
available upon the demand of the Tribal
Tax Commission. These inspections
shall be conducted by a duly appointed
designee of the Tribal Tax Commission,
or tribal or federal police. All books and
records dealing with the sale or
ownership of alcoholic beverages shall
be open for inspection purposes by the
duly authorized tribal authorities.
Section 2. Recovery of Damages
Resulting From Intoxication
Every spouse, child, parent, guardian,
employer, or other person who is
injured by any intoxicated person, or in
consequence of intoxication, shall have
a right of action in Tribal Court against
any person who caused such
intoxication by disposing, selling,
bartering, or giving away alcoholic
beverages for all damages sustained and
in the event death ensues the survivors
of the decedent may prosecute such an
action in their own name.
Section 3. Surety Bond Required
(1) Every application for a license
under this Ordinance, unless exempted
by the Tribal Business Council, must be
accompanied by a bond, which shall
become operative and effective upon the
issuance of a license unless the licensee
already has a continuing bond in force.
The bond shall be in the amount of
$10,000.00 and must be in a form
approved by the Tribal Business
Council and it shall be conditioned that
the licensee will faithfully obey and
abide by all the provisions of this
Ordinance and all existing laws relating
to the conduct of its business and will
promptly pay to the Three Affiliated
Tribes when due all license fees payable
by him under the provisions of this
Ordinance and also any costs and
penalties assessed against him in any
determination that he violated the terms
of this Ordinance.
(2) All bonds required by this
Ordinance shall be with a corporate
surety as surety, or shall be by cash
deposit. If said bond is placed by cash,
it shall be kept in a separate escrow
account with a bank.
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Section 4. Severability
If any section of this Ordinance, or
any part thereof, is held to be invalid or
inapplicable for any cause whatsoever,
the remainder of this Ordinance shall
not be affected thereby and shall remain
in full force and effect as though no part
thereof had been declared invalid.
Section 5. Compliance With 18 U.S.C.
1161
The Tribal Business Council finds
that this Ordinance complies with the
requirements of 18 U.S.C. 1161.
Section 6. All Prior Ordinances and
Resolutions Repealed
All prior ordinances and resolutions
or provisions thereof that are
inconsistent with any provisions of this
ordinance are hereby repealed.
[FR Doc. 2017–03839 Filed 2–27–17; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[16X.LLAKF02000. L51010000. ER0000.
LVRWL16L0980]
Notice of Intent and Extension of Time
To Prepare an Environmental Impact
Statement for the Proposed Ambler
Mining District Industrial Access Road,
Alaska
Bureau of Land Management,
Interior.
ACTION: Notice of intent and extension
of time.
AGENCY:
In accordance with the
National Environmental Policy Act of
1969, as amended (NEPA), the Federal
Land Policy and Management Act of
1976, as amended (FLPMA), and the
Alaska National Interest Lands
Conservation Act of 1980, as amended
(ANILCA), the Bureau of Land
Management (BLM) Central Yukon Field
Office, Fairbanks, Alaska, intends to
prepare an Environmental Impact
Statement (EIS) for Federal
authorizations to construct and operate
an approximately 211-mile long
industrial access road in the southern
Brooks Range foothills of Alaska,
originating at the Dalton Highway in the
vicinity of Prospect Creek and
terminating at the Ambler Mining
District, which would not be open for
public access. By this notice, the BLM
is announcing the beginning of the EIS
scoping process to solicit public
comments and identify issues, and is
extending the periods to complete the
Draft and Final EIS, in accordance with
ANILCA section 1104(e).
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Notices]
[Pages 12116-12119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03839]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[178A2100DD/AAAA003010/A0T602020.999900]
Three Affiliated Tribes; Amendments to Alcoholic Beverages
Control Law
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes an amendment to the Three Affiliated
Tribes' Alcoholic Beverages Control Law (Law). The amended Law
supersedes the existing Three Affiliated Tribes Alcoholic Beverages
Control Law, first enacted by the Three Affiliated Tribes in 1986, with
an amendment last published in the Federal Register on March 12, 2007
(72 FR 11049).
DATES: This Law shall become effective March 30, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Todd Gravelle, Supervisory Tribal
Operations Specialist, Great Plains Regional Office, Bureau of Indian
Affairs, 115 Fourth Avenue South East, Suite 400, Aberdeen, South
Dakota 57401 Telephone: (605) 226-7376, Fax: (605) 226-7379.
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 control laws for the purpose of regulating liquor
transactions in Indian country. The Three Affiliated Tribes' Business
Council first adopted the Alcoholic Beverages Control Law, published in
the Federal Register, on February 6, 1987, (52 FR 3869-02). The Three
Affiliated Tribes' Business Council duly adopted an amendment to
Chapter II, Section 5 of the Law that was published in the Federal
Register on March 12, 2007 (72 FR 11049). This Federal Register Notice
comprehensively amends and supersedes the existing Alcoholic Beverages
Control Law, enacted by the Three Affiliated Tribes' Business Council
on November 22, 2016. By the delegated authority contained in 3 IAM
4.4, the Great Plains Regional Director, Bureau of Indian Affairs,
approved the amendment to the Alcoholic Beverage Control Ordinance on
January 4, 2017. 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 Three Affiliated Tribes'
Business Council, duly adopted these amendments to the Alcoholic
Beverages Control Law on November 22, 2016.
Dated: February 10, 2017.
Michael S. Black,
Acting Assistant Secretary-Indian Affairs.
The Three Affiliated Tribes' Alcoholic Beverages Control Law, as
amended, shall read as follows:
Three Affiliated Tribes Alcoholic Beverages Control Law
Chapter I. General Provisions
Section 1. Definitions
In this Ordinance, (1) ``Alcohol'' shall mean neutral spirits
distilled at or above 190[deg] proof, whether or not such product is
subsequently reduced, for nonindustrial use.
(2) ``Alcoholic beverages'' shall mean any liquid suitable for
drinking by human beings, which contains one-half of one percent or
more of alcohol by volume.
(3) ``Beer'' shall mean any malt beverage containing more than one-
half of one percent of alcohol by volume.
(4) ``Distilled spirits'' shall mean any alcoholic beverage that is
not beer, wine, sparkling wine or alcohol.
(5) ``Licensed premises'' means the premises on which beer, liquor,
or alcoholic beverages are normally sold or dispensed and shall be
delineated by
[[Page 12117]]
diagram or blueprint which shall be included with the license
application or the license renewal application.
(6) ``Liquor'' shall mean any alcoholic beverage except beer.
(7) ``On-Sale'' shall mean the sale of any alcoholic beverage for
consumption only upon the premises where sold.
(8) ``Off-Sale'' shall mean the sale of any alcoholic beverage for
consumption off the premises where sold.
(9) ``Sale'' shall mean the transfer of bottled or canned alcoholic
beverage for currency exchange of title to such alcoholic beverages.
(10) ``Sparkling wine'' shall mean wine made effervescent with
carbon dioxide.
(11) ``Transport'' shall mean the introduction of alcoholic
beverages onto the Fort Berthold Reservation by any means of conveyance
for the purpose of sale, or distribution, to any licensed retailer.
(12) ``Tribal Council'' shall mean the governing body of the Three
Affiliated Tribes.
(13) ``Wine'' shall mean the alcoholic beverage obtained by
fermentation of agricultural products containing natural or added sugar
or such beverage fortified with brandy and containing not more than
twenty-four percent alcohol by volume.
(14) The terms, ``the provisions of this Ordinance'' as provided in
this Ordinance, or similar terms, shall include all rules and
regulations established by the Tribal Legal Department, and approved by
Council, to aid in the administration or enforcement of this Ordinance.
Section 2. Public Policy Declared
This Ordinance shall be cited as the ``Three Affiliated Tribes
Alcoholic Beverages Control Law'' and, pursuant to the constitutional
and inherent sovereignty of the Three Affiliated Tribes, along with the
authority delegated to the Tribe by the Congress of the United States
to regulate the manufacture, distribution, sale, possession and
consumption of alcoholic beverages within the territory of the Tribe,
shall be exercised for the purpose of protecting the welfare, health,
peace, morals and safety of all people residing on the Fort Berthold
Reservation. All the provisions of this Ordinance shall be liberally
construed to accomplish the above declared purpose. It is the Three
Affiliated Tribes' declared intent in enacting this Ordinance to
prohibit all traffic in alcoholic beverages on the Fort Berthold Indian
Reservation except to the extent allowed and permitted under the
express terms of this Ordinance.
Section 3. Exceptions
Nothing contained in this title shall be construed to apply to the
following articles, when they are unfit for beverages purposes:
(1) Denatured alcohol produced and used pursuant to acts of
Congress, and the regulations thereunder;
(2) Patent, propriety, medical, pharmaceutical, antiseptic, and
toilet preparations;
(3) Flavoring extracts, syrups, and food products; nor to the
manufacture or sale of said articles containing alcohol. This title
shall not apply to wines delivered to priests, rabbis, and ministers
for sacramental use.
Section 4. General Prohibition
It shall be unlawful to manufacture for sale, sell, offer, or keep
for sale, or transport alcoholic beverages on the Fort Berthold
Reservation except upon the terms, conditions, limitations, and
restrictions specified in this Ordinance.
Chapter II. Retail Licensing
Section 1. Tribal Retail License Required
No person shall engage in the sale of alcoholic beverages at retail
without first securing an appropriate license from the Three Affiliated
Tribes as provided herein.
Section 2. Qualifications for Retail License
No retail license shall be issued to any person unless the
applicant shall file a sworn application, accompanied by the required
fee, showing the following qualifications:
(1) The applicant, other than corporate, must be a legal resident
of the United States and a resident of the Fort Berthold Indian
Reservation and be a person of good moral character.
(2) If the applicant is a corporation then the manager of the
licensed premises and its officers, directors and stockholders must be
legal residents of the United States and persons of good moral
character. Corporate applicants must also be properly registered with
the Three Affiliated Tribes as entitled to do business on the Fort
Berthold Reservation.
(3) The applicant or manager must not have been convicted of an
offense determined by the Three Affiliated Tribes to have a direct
bearing upon an applicant's or manager's ability to serve the
reservation public as a licensed alcoholic beverage retailer.
(4) The Three Affiliated Tribes may also require the applicant to
set forth such other information in this application as is necessary to
enable them to determine if a license should be granted.
Section 3. License Fees
The fee for an annual on and off sale liquor license shall be set
by tribal resolution at not less than two hundred dollars nor more than
two thousand and one hundred dollars. The fee for an annual on and off
sale beer license shall be set by tribal resolution at not less than
fifty dollars nor more than six hundred dollars.
Section 4. Special Permit Authorized
The Three Affiliated Tribes may by special permit authorize an on
sale, off sale, or on or off sale alcoholic beverage licensee to engage
in the sale of alcoholic beverages at special events on licensed
premises as may be designated by the permit. A fee for the special
permit may be set by tribal resolution at not more than twenty-five
dollars. The permit shall not be valid for a period greater than three
consecutive days.
Section 5: Dispensing Prohibited on Certain Days
A person may not dispense or permit the consumption of alcoholic
beverages on a licensed premises between the hours of two a.m. and
twelve noon on Sundays, between the hours of two a.m. and eight a.m. on
all other days of the week, or on Christmas Day or after six p.m. on
Christmas Eve. In addition a person may not provide off-sale after one
a.m. on Thanksgiving Day.
Section 6. Prohibitions as to Persons Under Twenty-One Years of Age
No licensee shall dispense alcoholic beverages to a person under
twenty-one years of age or permit such person to remain on the licensed
premises while alcoholic beverages are being sold or displayed. Any
person under twenty-one years of age may remain in a restaurant where
alcoholic beverages are being sold if the restaurant is separated from
the room in which alcoholic beverages are opened or mixed, if gross
sales of food are at least equal to gross sales of alcoholic beverages
which are consumed in the dining area or if (1) employed by the
restaurant as a food waiter, food waitress, busboy, or busgirl under
the direct supervision of a person twenty-one or more years of age, and
not engaged in the sale, dispensing, delivery, or consumption of
alcoholic beverages, or (2) if the person is a law enforcement officer
entering the premises in the performance of official duty. Any premises
where alcoholic beverages are sold may employ persons from eighteen to
twenty-one years of age to work in the capacity of musicians
[[Page 12118]]
under the direct supervision of a person over twenty-one years of age.
Chapter III. Wholesale Licensing
Section 1. Tribal Wholesale License
No person shall engage in the sale of alcoholic beverages at
wholesale without first securing an appropriate license from the Three
Affiliated Tribes as provided herein. Such a license shall allow sale
only to licensed retailers.
Section 2. Qualifications for Wholesale License
No such license shall be issued unless the applicant shall file a
sworn application, accompanied by the required fee, showing the
following qualifications:
(1) Applicant other than corporate must be a legal resident of the
United States and a person of good moral character. If the applicant is
a corporation, the manager of the licensed premises must be a citizen
of the United States and a person of good moral character, and the
officers, directors and stockholders must be legal residents of the
United States and persons of good moral character. Corporate applicants
must also be registered with the Three Affiliated Tribes as entitled to
do business on the Fort Berthold Reservation.
(2) The Tribal Business Council may require the applicant to set
forth such other information as is necessary to enable it to determine
if a license should be granted.
Section 3. License Fees
The fee for an annual wholesale license shall be set by tribal
resolution at not less than two hundred dollars nor more than one
thousand and one hundred dollars.
Chapter IV. Transport Licensing
Section 1. Tribal Transport License Required
No person shall engage in the transport for sale, or distribution
of alcoholic beverages on the Fort Berthold Reservation without first
securing an appropriate license from the Three Affiliated Tribes as
provided herein. Such a license shall allow the delivery, or
distribution, of alcoholic beverages only to licensed retailers.
Section 2. Qualifications for License
No such license shall be issued unless the applicant shall file a
sworn application, accompanied by the required fee showing the
following qualifications:
(1) An Applicant other than corperate must be a legal resident of
the United States and a person of good moral character. If the
applicant is a corporation, the manager of the licensed premises must
be a citizen of the United States and a person of good moral character,
and the officers, directors and stockholders must be legal residents of
the United States and persons of good moral character. Corporate
applicants must also be registered with the Three Affiliated Tribes as
entitled to do business on the Fort Berthold Reservation.
(2) The Tribal Council may require the applicant to set forth such
other information as is necessary to enable it to determine if a
license should be granted.
Section 3. License Fees
The fee for an annual transport license shall be set by tribal
resolution at not less than two hundred dollars and no more than one
thousand and one hundred dollars.
Chapter V. Taxation
Section 1. Tax on Retail Sales of Alcoholic Beverages
(1) There is hereby imposed a tax of seven percent (7%) on the
gross receipts of all sales at retail of alcoholic beverages within the
exterior boundaries of the Fort Berthold Reservation.
(2) Licensed alcoholic beverage retailers shall be liable for the
collection and remittance of the tax on the retail sale price of
alcoholic beverages. Licensed alcoholic beverage retailers shall keep
accurate records of all sales of alcoholic beverages and shall file
monthly returns with the Three Affiliated Tribes' Tax Commission, on
such forms as the Tax Commission may require, showing the quantity and
the price of alcoholic beverages sold at retail, along with the amount
of the tax due and other information which the department may
reasonably require. Said monthly return shall be transmitted to the Tax
Commission no later than 30 days after the month covered by the return.
The tax due for that month shall be remitted together with the monthly
return.
(3) Licensed alcoholic beverage retailers shall keep, in current
and available form on the licensed premises, records of all purchases,
sales, and quantities on hand and such other information as the Tax
Commission may reasonably require. The Tax Commission may require from
any licensee any reports he shall prescribe, and he may require the
production of any book, record, document, invoice, and voucher kept,
maintained, received, or issued by any such licensee in connection with
his business, which in the judgment of the Tax Commission may be
necessary to administer and discharge his duties, to secure the maximum
of revenue to be paid, and to carry out the provisions of law. If
default is made, or if any such licensee fails or refuses to furnish
any other reports or information referred to upon request therefor, the
Tax Commission may enter the premises of such licensee where the
records are kept and make such examination as is necessary to compile
the required report. The cost of such examination shall be paid by the
licensee whose reports are in default.
Section 2. Reports Required on Shipments of Beverages Into Reservation
Any person who transports, sells or ships alcoholic beverages for
sale or distribution within this Reservation shall forward to the Tax
Commission such a report as the Tax Commission shall require, giving
the name and address of the licensee or person making the purchase, the
quantity and kind of alcoholic beverages sold, the manner of delivery
and such other information as the Tax Commission requires.
Section 3. Administration and Enforcement
The provisions of the Tribal Tax Code of the Three Affiliated
Tribes pertaining to all aspects of the administration and enforcement
of Tribal taxes shall govern the administration and enforcement of the
tax on retail sales of alcoholic beverages imposed herein.
Chapter VI. Penalties Imposed for Violations of Ordinance
Section 1. General Penalties.
Anyone violating this ordinance shall be subject to civil penalties
and/or suspension or revocation of their tribal license according to a
schedule of penalties established by the Tribal Legal Department and
approved for publication by the Tribal Business Council.
Section 2. Hearing on Alleged Violations
Anyone having information that a person has violated any provisions
of this ordinance may file with the Tribal Legal Department an
affidavit specifically setting forth such violation. Upon receipt of
such affidavit, the Legal Department shall set the matter for hearing
not later than the next regular meeting of the Tribal Council. A copy
of the affidavit and notice of hearing shall be mailed to the affected
person by registered mail not less than five days before such hearing.
A record of such
[[Page 12119]]
hearings will be made by stenographic notes or by the use of an
electronic recording device. The person shall have the right to be
represented by counsel, question witnesses and examine the evidence
against him as well to present evidence and witnesses in his own
defense.
Section 3. Suspension or Revocation of License
If after such hearing the Tribal Council finds the violation set
forth in the affidavit has been proved by the evidence, an order shall
be served on the licensee revoking or suspending his license for a
period of time and imposing such other civil penalties as are
consistent with a policy established by the Tribal Legal Department and
approved by the Tribal Business Council. Such action may be appealed to
the Tribal Court which shall have jurisdiction to either vacate, remand
or modify the Tribal Council's action, except that the order revoking
or suspending the license, or imposing other penalties shall be
effective while the appeal is pending.
Section 4. Other Penalties
The Tribal Business Council may impose such other civil penalties,
according to a policy established by the Tribal Legal Department and
approved by the Tribal Business Council, for any violation of this
Ordinance including the failure to apply for or to possess the
appropriate tribal license. Such tribal action imposing such penalties
on any person may be appealed to Tribal Court, which shall have
jurisdiction to either vacate, remand or modify the Tribal Council's
action except that the imposition of the penalties shall be effective
while the appeal is pending.
Section 5. Powers of Tribal Chairman
The Tribal Chairman, or his designee, at a hearing under this
Ordinance shall have the power to administer oaths and subpoena and
examine witnesses.
Section 6. Effect of Findings on Tribal Court
The Tribal Court, in any matter heard on appeal under this
ordinance, shall give substantial weight to the findings of fact made
by the Tribal Business Council.
Section 6. Sovereign Immunity
The jurisdiction of the Tribal Council and Tribal Court under this
Chapter shall be exclusive. Except as authorized in this Chapter with
respect to the Tribal Court's jurisdiction to hear appeals under
sections 3 and 4, nothing in this Ordinance shall be construed to waive
the Tribe's sovereign immunity from suit.
Chapter VII. Miscellaneous Provisions
Section 1. Agreement by Licensee To Grant Access for Inspection
Purposes
Every licensee under this Ordinance, as a condition of the grant of
a tribal license, consents to the inspection of his premises, including
all buildings, safes, cabinets, lockers and storerooms thereon. Such
inspection shall be available upon the demand of the Tribal Tax
Commission. These inspections shall be conducted by a duly appointed
designee of the Tribal Tax Commission, or tribal or federal police. All
books and records dealing with the sale or ownership of alcoholic
beverages shall be open for inspection purposes by the duly authorized
tribal authorities.
Section 2. Recovery of Damages Resulting From Intoxication
Every spouse, child, parent, guardian, employer, or other person
who is injured by any intoxicated person, or in consequence of
intoxication, shall have a right of action in Tribal Court against any
person who caused such intoxication by disposing, selling, bartering,
or giving away alcoholic beverages for all damages sustained and in the
event death ensues the survivors of the decedent may prosecute such an
action in their own name.
Section 3. Surety Bond Required
(1) Every application for a license under this Ordinance, unless
exempted by the Tribal Business Council, must be accompanied by a bond,
which shall become operative and effective upon the issuance of a
license unless the licensee already has a continuing bond in force. The
bond shall be in the amount of $10,000.00 and must be in a form
approved by the Tribal Business Council and it shall be conditioned
that the licensee will faithfully obey and abide by all the provisions
of this Ordinance and all existing laws relating to the conduct of its
business and will promptly pay to the Three Affiliated Tribes when due
all license fees payable by him under the provisions of this Ordinance
and also any costs and penalties assessed against him in any
determination that he violated the terms of this Ordinance.
(2) All bonds required by this Ordinance shall be with a corporate
surety as surety, or shall be by cash deposit. If said bond is placed
by cash, it shall be kept in a separate escrow account with a bank.
Section 4. Severability
If any section of this Ordinance, or any part thereof, is held to
be invalid or inapplicable for any cause whatsoever, the remainder of
this Ordinance shall not be affected thereby and shall remain in full
force and effect as though no part thereof had been declared invalid.
Section 5. Compliance With 18 U.S.C. 1161
The Tribal Business Council finds that this Ordinance complies with
the requirements of 18 U.S.C. 1161.
Section 6. All Prior Ordinances and Resolutions Repealed
All prior ordinances and resolutions or provisions thereof that are
inconsistent with any provisions of this ordinance are hereby repealed.
[FR Doc. 2017-03839 Filed 2-27-17; 8:45 am]
BILLING CODE 4337-15-P
