Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Liquor Ordinance; Repeal and Replace, 25479-25483 [2018-11839]

Download as PDF 25479 daltland on DSKBBV9HB2PROD with NOTICES Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices implementation of their supporting HCPs. The primary purpose of the scoping process is for the public and other agencies to assist in developing the PEIS by identifying important issues and alternatives that should be considered. However, this scoping process would also be used to inform single-project EISs if we determine it is more appropriate to prepare a separate EIS for each of the proposed permit actions. The Service is requesting data, comments, new information, and/or recommendations from the public, other governmental agencies, the scientific community, Native Hawaiian organizations or entities, industry, or other interested parties related to our development of the PEIS or individual EISs. We seek specific comments on: 1. Biological information and relevant data (e.g., range, distribution, population size, and population trends) for the Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel; 2. Potential direct and indirect impacts on the human environment that would occur as a result of the continued operation of these wind energy facilities and the proposed increase in authorized take of the Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel; 3. Whether a programmatic NEPA approach, as proposed, or separate NEPA evaluations for each of the four wind energy projects, is appropriate; 4. Possible alternatives to the proposed ITP actions that the Service should evaluate; 5. The presence of archaeological sites, buildings and structures, historic events, sacred and traditional areas, and other historic preservation concerns in the vicinity of any of the four wind project sites, including their mitigation areas, which are required to be considered in project planning by the National Historic Preservation Act; and 6. Other past, present, or reasonably foreseeable future activities on the islands of Oahu, Maui, and Hawaii that may contribute to the cumulative impact on the Hawaiian hoary bat, Hawaiian goose, and the Hawaiian petrel. Once the draft PEIS (or individual EISs) and draft HCPs are prepared, there will be further opportunity for comment on the content of these documents through an additional public comment period. Public Availability of Comments You may submit your comments and materials by one of the methods listed above in ADDRESSES. Before including your address, phone number, email VerDate Sep<11>2014 19:01 May 31, 2018 Jkt 244001 address, or other personal identifying information in your comment, you should be aware that your entire comment(s)—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment(s) to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials we receive, as well as supporting documentation we use in preparing the PEIS, will be available for public inspection by appointment, during normal business hours, at the Service’s Pacific Islands Fish and Wildlife Office. Reasonable Accommodation Persons needing reasonable accommodations to attend and participate in the public meetings should contact Darren LeBlanc or Michelle Bogardus at the Service’s Pacific Islands Fish and Wildlife Office (see FOR FURTHER INFORMATION CONTACT). To allow sufficient time to process requests, please call no later than 14 days in advance of the meeting dates. Authority We provide this notice in accordance with the requirements of section 10 of the ESA (16 U.S.C. 1531 et seq.), and per NEPA regulations (40 CFR 1501.7, 40 CFR 1506.5 and 1508.22). Dated: January 31, 2018. Theresa E. Rabot, Deputy Regional Director, Pacific Region, U.S. Fish and Wildlife Service. [FR Doc. 2018–11821 Filed 5–31–18; 8:45 am] published in the Federal Register on November 14, 1979, and any and all previous statutes. DATES: This Ordinance takes effect July 2, 2018. FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 Northeast 11th Avenue, Portland, OR 97232; telephone: (503) 231–6702; fax: (503) 231–2201. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83–277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. 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 Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation adopted Resolution Number: 02–16–18–07 (Liquor Control Ordinance) on February 16, 2018. The statute repeals and replaces the previous liquor control ordinance published in the Federal Register on November 14, 1979 (44 FR 65675). Dated: May 14, 2018. John Tahsuda, Principal Deputy Assistant Secretary—Indian Affairs, Exercising the Authority of the Assistant Secretary—Indian Affairs. SHOALWATER BAY INDIAN TRIBE BILLING CODE 4333–15–P TRIBAL CODE DEPARTMENT OF THE INTERIOR TITLE 10—LIQUOR CONTROL Bureau of Indian Affairs Chapter 10.1 [189A2100DD/AAKC001030/ A0A501010.999900 253G] Section 10.1.01 Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Liquor Ordinance; Repeal and Replace Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation (the Tribe) Liquor Control Ordinance (the Ordinance). The Ordinance certifies the Tribe’s liquor licensing laws to regulate and control the possession, sale, and consumption of liquor within the jurisdiction of the Tribe’s reservation. The Ordinance repeals and replaces the previous liquor control ordinance SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 General Provisions Title This Title shall be cited as the tribal ‘‘Liquor Control’’ code of the Shoalwater Bay Indian Tribe. Section 10.1.02 Authority This title is enacted pursuant to the Tribe’s inherent sovereignty and pursuant to the provisions of the Shoalwater Bay Tribal Constitution, Article VI, Powers of the Tribal Council, Section 1. Enumerated Powers, subsections (e),(f) and (x) and in conformity with the applicable laws of the State of Washington to the extent required under 18 U.S. C. § 1161. Section 10.1.03 Tribal Laws Relation to Other Prior liquor control ordinances are hereby repealed. Chapter 2.06 of the E:\FR\FM\01JNN1.SGM 01JNN1 25480 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES Shoalwater Bay Code of Laws shall remain in effect but, if there is a conflict, this Title shall control. Section 10.1.04 Definitions The definitions related to this Title are as follows: A. Alcoholic Beverage: Shall mean any intoxicating liquor, spirits, beer, or any wine, as defined under the provisions of this Title or other applicable law or regulation. B. Council: Shall mean the Tribal Council of the Shoalwater Bay Indian Tribe. C. Legal Age: Shall mean the age requirements as defined in this Title. D. Liquor Store: Shall mean any store established by the Tribe for the sale of alcoholic beverages or any entity licensed by the Tribe to sell alcoholic beverages. E. On-Site Licensee: Shall mean the Shoalwater Bay Indian Tribe or its duly authorized licensee when it sells, or keeps for sale, any alcoholic beverage authorized under this Title for consumption on the premises where sold. F. On-Site Sale: Shall mean the sale of any alcoholic beverage for consumption only upon the premises where sold. G. Sale: Shall include the exchange, barter, traffic, donation, with or without consideration, in addition to the selling, supplying, or distributing, by any means whatsoever, of liquor, spirits, alcoholic beverage, or of any liquid known or described as beer or by any name whatever commonly used to describe malt or brewed liquor or of wine, by any person to any person; and also includes a sale or selling within an area of tribal jurisdiction to a foreign consignee or his or her agent. H. Reservation: means the Shoalwater Bay Indian Reservation. I. Shoalwater Bay Indian country shall mean all lands to fullest extent of applicable law under the control of the Tribe as well as all trust land owned by the Tribe both on and off of its Reservation. J. Transaction: Shall mean any transfer of any bagged, bottled, boxed, canned or kegged alcoholic beverage, or the transfer of any contents of any bagged, bottled, boxed, canned or kegged alcoholic beverage from any liquor store, on-site dealer or vendor to any person. K. Tribe: means the Shoalwater Bay Indian Tribe. L. Tribal Court: means the Shoalwater Bay Tribal Court. M. Tribal Council or Council: means the Shoalwater Bay Tribal Council. N. Trust land: means all land held in trust or restricted fee status by the VerDate Sep<11>2014 19:01 May 31, 2018 Jkt 244001 United States on behalf of the Shoalwater Bay Indian Tribe. O. Vendor: Shall mean any person employed or under the supervision by and of a liquor store or on-site dealer who conducts sales or transactions involving alcoholic beverages. Chapter 10.2 Tribal Control of Alcoholic Beverages Section 10.2.01 General Prohibition It shall be a violation of Tribal law to manufacture for sale, sell, offer, or keep for sale, possess, transport or conduct any transaction involving any alcoholic beverage except in compliance with the terms, conditions, limitations, and restrictions specified in this Title. Section 10.2.02 Tribal Control of Alcoholic Beverages The Tribal Council shall have the sole and exclusive right to authorize the importation of alcoholic beverages for sale or other exchange or for the purpose of conducting transactions therewith, and no person or organization shall so import any such alcoholic beverage into the Shoalwater Bay Indian Country and into trust land, which includes the Reservation and trust lands of the Tribe, wherever situated, unless authorized by the Tribal Council. Section 10.2.03 Regulatory Authority of Tribal Council (a.) To promulgate rules and regulations governing the sale, manufacture, distribution, licensing and possession of alcoholic beverages on the Reservation; (b.) To issue such licenses and permits as it deems appropriate permitting the sale or manufacture or distribution of liquor, for retail or wholesale, and to revoke such licenses; (c.) To employ such managers, accountants, security personnel, inspectors, and such other personnel as it shall determine necessary to allow the Tribal Council to perform its functions; (d.) To charter or create such tribal enterprises, divisions, corporations or other entities as it shall determine necessary to sell, possess, manufacture, or exchange alcoholic beverages as provided in Chapter 10.3 hereunder and elsewhere in Tribal law; (e.) To do all other things necessary and proper to fulfill this Title and duties, rights and responsibilities it has hereunder. PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 Chapter 10.3 Enterprise Tribal Liquor Store Section 10.3.01 Tribal Liquor Enterprise In addition to any other licensed outlets under Chapter 10.4 of this Code, the Council may establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, a Tribal liquor store or stores for the retail sale or wholesale of alcoholic beverages in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by any Tribal liquor store and may set such other regulations as it deems appropriate to regulate the store. Chapter 10.4 Permits Liquor Licenses and Section 10.4.01 Retail License The Council may issue a license or licenses to establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, a retail establishment or establishments for storage and on-site consumption of alcoholic beverages in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by these on-site dealers. Section 10.4.02 Grocery License The Tribal Council may issue a license or licenses to establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, a grocery or groceries for storage and sale of alcoholic beverages in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by these groceries. Section 10.4.03 Special Occasion License The Council may issue a license or licenses for the consumption of alcoholic beverages at special events at specific times and places and under such conditions as it may deem appropriate by regulation. Such special events may include but not be limited to banquets, fund raisers, and private parties. Section 10.4.04 Wholesale License The Council may issue a license or licenses to establish and maintain anywhere within the Shoalwater Bay Indian Country that the Council may deem advisable, an establishment for the sale or distribution of alcoholic beverages at wholesale in accordance with the provisions of this Title. The Council may set the prices of alcoholic beverages sold by these distributors. E:\FR\FM\01JNN1.SGM 01JNN1 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices Section 10.4.05 Permits Other Licenses and The Council may issue such other licenses and permits for alcohol or alcoholic beverages as it deems appropriate. Such additional licenses and permits may be issued pursuant to tribally issued regulations determining the terms and conditions as the Council may determine. Section 10.4.06 Control Regulation and Section 10.4.06.1 Applications for licenses or permits shall be subject to such conditions, fees and restrictions on these licenses or permits as the Council shall deem appropriate. Applications shall be submitted on the prescribed form to the Council or its authorized employees. The Council may, at its sole discretion and subject to the conditions of this Code and other tribal laws and regulations, issue or refuse to issue any license permit upon payment of the prescribed fee. Section 10.4.06.2 For the purpose of considering any application for a license or permit, the Council may cause an inspection of the premises to be made and may inquire into all matters with the construction and operation of the premises. daltland on DSKBBV9HB2PROD with NOTICES Section 10.4.06.3 No license shall be issued to: (a.) A person who is not a member of the Shoalwater Bay Indian Tribe; (b.) A partnership entity unless each partner is qualified to obtain a license, as provided in this section; (c.) A corporation or other entity unless all shareholders or owners are members of the Tribe; (d.) A person whose place of business is conducted by a manager or agent, unless such manager or agent is also an enrolled member of the Tribe; (e.) A person who has been convicted of a felony within five years prior to filing his or her application; (f.) A person who has been convicted of a violation of any federal, state or tribal law concerning the manufacture, possession or sale of alcoholic beverages within the last five years or has forfeited his or her bond to appear in court within the preceding five years to answer charges for such violation; or (g.) A person who is less than twentyone years of age. In conformity with State and federal law, the requirements of subparagraphs (a) through (f) may be waived by the Tribal Council for special occasion licenses. VerDate Sep<11>2014 17:06 May 31, 2018 Jkt 244001 Section 10.4.06.4 Every license shall be issued in the name of the applicant and no license shall be transferable, nor shall the holder thereof allow any other person to use the license. Section 10.4.06.5 Before the Council shall issue any license, notice of the application shall be posted in public places and comments shall be received on the application for period of twenty (20) days at the Shoalwater Bay Tribal office. Section 10.4.06.6 Before the Council shall issue any license it shall give due consideration to the location of the business. Section 10.4.06.7 All licenses issued by the Tribe shall be posted in a conspicuous place on the licensed premises. 10.4.06.8 Inspection Following License (a.) All licensed premises used in the storage or sale of alcoholic beverages, or any premises or parts of premises used or in any way connected, physically or otherwise, with the licensed business, shall at all times be open to inspection by any tribal inspector or tribal police officer authorized by the Council to do such inspection. (b.) Every person, being on any such premises and having charge thereof, who refuses to admit a tribal inspector or tribal police officer demanding to enter therein pursuant to authority herein, or who obstructs or attempts to obstruct the entry of such inspector or tribal police officer, or who refuses to allow the inspector to examine the books of the licensee, or who refuses to or neglects to make any return required by this Code or the regulations passed pursuant thereto, shall be deemed to be in violation of this Code. 10.4.06.9 Suspension and Cancellation (a.) The Council may, for violation of this Code, suspend or cancel any license or permit; and all rights to keep or sell alcoholic beverages thereunder shall be suspended or terminated as the case may be. (b.) Prior to cancellation or suspension, the Council shall send notice of its intent to cancel or suspend to the licensee or permit holder. A license or a permit is a privilege and no person shall have a vested right to one. The Council shall give at least ten (10) day’s notice of such cancellation or suspension. The licensee shall have the right, prior to cancellation or PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 25481 suspension date, to apply to the Tribal Court for a hearing to determine whether the license was rightfully suspended or cancelled. The sovereign immunity of the Shoalwater Bay Tribe is waived for this hearing to seek declaratory and injunctive relief; provided that this waiver shall not waive sovereign immunity to allow the award of money damages, attorney fees or cost against the Tribe nor to grant any other relief other than a declaratory and injunctive relief nor shall it be construed to waiver sovereign immunity for suit in any court other than Tribal Court. This waiver shall not apply to a denial of an application for a license nor to a refusal to renew an expired license. 10.4.06.10 Expiration of License No license or permit shall be for a period longer than a year and may be for a shorter period at the discretion of the Tribe. Unless sooner cancelled, every license or permit issued by the Council shall expire at midnight on the last day of the Tribal fiscal year. Licenses issued less than six months before that date shall only cost one-half of the annual fee. Chapter 10.5 State of Washington Licenses and Agreements Section 10.5.01 State of Washington Licenses and Agreements The Tribe may negotiate at its discretion an agreement with the State of Washington or obtain a State of Washington liquor license or licenses for any purpose including any tribally operated establishment that sells alcoholic beverages or conducts transactions involving alcoholic beverages to allow the Tribe or its licensees to sell liquor in Shoalwater Bay Indian Country or within trust land under the Tribe’s control. Chapter 10.6 Penalties Disputes; Violations; Section 10.6.01 Disputes with Licensees; Violations; Penalties; Exclusive Tribal Court Jurisdiction Any disputes or violations that arise under this Title shall be resolved by mediation or by a suit in Tribal Court, which shall have exclusive civil and criminal jurisdiction for actions arising under or to enforce this Title. Chapter 10.7 Section 10.07.01 Applicability of State Law The Council and its agents shall act in conformity with Washington State laws regarding the liquor transactions to the extent required by applicable federal law, including 18 U.S.C. § 1161. E:\FR\FM\01JNN1.SGM 01JNN1 25482 Chapter 10.8 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices Illegal Activities Section 10.8.01 Persons Under 21 Years of Age: Restrictions (a.) No person under the age of 21 years shall purchase or possess alcoholic beverages in any establishment operating pursuant to the provisions of this Title. (b.) No person shall permit any other person under the age of 21 to consume liquor on his premises or any premises under their control except in those situations set out in this section. Any person violating this section shall be guilty of a separate violation of this Title for each and every drink so consumed. (c.) Any person who shall sell or provide any liquor to any person under the age of 21 years shall be guilty of a violation of this Title for each such sale or drink provided. (d.) Any person who transfers 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 shall be guilty of an offense, provided that corroborative testimony of a witness other than the underage person shall be a requirement of finding a violation of this Title. (e.) Any person who attempts to purchase an alcoholic beverage through the use of false or altered identification which falsely purports to show the individual to be over the age of 21 years shall be guilty of violating this Title. Section 10.8.02 Restrictions on Intoxicated Persons Hours and Days of No Tribally operated or licensed establishment shall sell or furnish alcoholic beverages for on-site purposes during hours or on days not in compliance with applicable law. daltland on DSKBBV9HB2PROD with NOTICES Section 10.8.04 Purchase Illegal Sales or 17:06 May 31, 2018 Jkt 244001 Contraband (a.) Liquor, which is possessed, including for sale, contrary to the terms of this Title is declared to be contraband. Any Tribal agent, employee or officer who is authorized by the Tribal Council to enforce this section shall seize all contraband and preserve it in accordance with the provisions established for the preservation of impounded property; and (b.) Upon being found in violation of the Title, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Tribe. Section 10.8.08 (a.) Any person who shall sell or offer for sale or distribute or transport in any manner, liquor in violation of this Title, or who shall operate or shall have liquor for sale in their possession without a license, shall be guilty of a violation of this Title subjecting them to civil fines assessed by the Tribal Council; (b.) Any person within the boundaries of the reservation or trust land of the Tribe who buys liquor from any person other than a properly licensed facility or VerDate Sep<11>2014 Section 10.8.06 Identification When requested by the provider of liquor, any person shall be required to present official documentation of the bearer’s age, signature, and photograph. Official documentation includes one of the following: (a.) Valid driver’s license, identification, or enrollment card issued by any Tribe or State department of motor vehicles; (b.) United States Active Duty Military Identification; (c.) Liquor control authority card of identification of any state; or (d.) Passport. Section 10.8.07 No Tribally operated or licensed establishment shall sell, give, or furnish any alcoholic beverage or in any way allow any alcoholic beverage to be sold, given or furnished to a person who is obviously intoxicated. Section 10.8.03 Sale the Tribal Enterprise shall be guilty of a violation of this Title; (c.) Any person who keeps or possesses liquor upon their person or in any place or on premises conducted or maintained by their principal or agent with the intent to sell or distribute it contrary to the provisions of this Title, shall be guilty of a violation of this Title; (d.) Any person engaging wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who shall knowingly permit any person to drink liquor in any public conveyance, shall be guilty of an offense under this Title. Any person who shall drink liquor in a public conveyance shall be guilty of a violation of this Title. Tribal Liquor Stamp (a.) No liquor, other than beer and wine, sold pursuant to a Tribal license shall be sold on the Shoalwater Bay Indian Reservation, in Shoalwater Bay Indian Country or on trust land unless there shall be affixed a stamp of the Shoalwater Bay Tribal Council. Any sales made in violation of this provision shall be remedied as set out in this Title. All liquor other than beer and wine sold pursuant to a Tribal license not so stamped, which is sold or PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 held for sale, is hereby declared contraband and, in addition to any penalties imposed by the Court in violation of this section, it may be confiscated and forfeited in accordance with procedures herein. (b.) No person other than an employee of the Tribe shall keep or have in his or her possession any legal seal prescribed under this Code unless the same is attached to a package which has been purchased from a tribal liquor outlet, nor shall any person keep or have in his or her possession any design in imitation of any official seal prescribed under this Code or calculated to deceive by its resemblance to any official seal or any paper upon which such design is stamped, engraved, lithographed, printed or otherwise marked. Any person violating this provision shall be in violation of this Title. Section 10.8.09 Defense to Action for Sale to Minors It shall be a defense to a suit for serving alcoholic beverages to a person under twenty-one years of age if such a person has presented a card of identification. (a.) In addition to the presentation by the holder and verification of such card of identification, the seller shall require the person whose age may be in question to sign a card and place a date and number of this card of identification thereon. Such statement shall be upon a five-inch by eight-inch file card, which card shall be filed alphabetically by the licensee at or before the close of business on the day on which the statement is executed, in the file box contained containing a suitable alphabetical index and the card shall be subject to examination by any tribal peace officer or employee of the Tribe at all times. (b.) Such card in the possession of a licensee may be offered as defense in any hearing by the Tribal Court for serving liquor to the person who signed the card and may be considered by the Court as evidence that the licensee acted in good faith. Section 10.8.10 Civil Fines Any person guilty of a violation of this Title or any regulation shall be liable to pay the Tribe the amount of $500 per violation plus costs as civil damages to defray the Tribe’s cost of enforcement of this Title when there is no other penalty specifically provided. Section 10.8.11 Enforcement (a.) In any proceeding under this Title, conviction of one unlawful sale or distribution of liquor shall establish prima facie intent of unlawfully keeping E:\FR\FM\01JNN1.SGM 01JNN1 25483 Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices daltland on DSKBBV9HB2PROD with NOTICES liquor for sale, selling liquor or distributing liquor in violation of this Title. (b.) The Shoalwater Bay Tribal Court shall have jurisdiction over any case brought by the Tribe for violations of this Code. The Tribal Court may, in addition to the above penalty, grant to the Tribe such other relief as may be necessary and proper for the enforcement of this Code, including but not limited to injunctive relief against acts in violation of this Code. Section 10.8.12 Abatement (a.) Any room, house, building, vehicle, structure, or other place where liquor is sold, manufactured, bartered, exchanged, given away, furnished, or otherwise disposed of in violation of the provisions of this Title or of any other Tribal law relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, 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 name of the Tribe to abate and perpetually enjoin any nuisance declared under this Title. The Tribe shall not be required to give bond to maintain this action. In addition to all other remedies at Tribal law, the Tribal Court may also order the room, house, building, vehicle, structure, or place closed for a period of one (l) year or until the owner, lessee, tenant, or occupant thereof shall give bond of sufficient sum of not less than $25,000 payable to the Tribe and on the condition that liquor will not be thereafter manufactured, kept, sold, bartered, exchanged, given away, furnished, or otherwise disposed of thereof in violation of the provisions of this Title or of any other applicable Tribal law and that they will pay all fines, costs and damages assessed against them for any violation of this Title. If any conditions of the bond be violated, the bond may be recovered for the use of the Tribe; and (c.) In all cases where any person has been found in violation of this Title relating to the manufacture, importation, transportation, possession, distribution, and sale of liquor, an action may be brought to abate as a nuisance any real estate or other property involved in the violation of the Title and violation of this Title shall be prima facie evidence that the room, house, building, vehicle, structure, or place against which such action is brought is a public nuisance. VerDate Sep<11>2014 17:06 May 31, 2018 Jkt 244001 Chapter 10.9 Tribal Taxation Section 10.9.01 Taxation (a.) The power to levy taxes under the provisions of this Title is vested exclusively with the Tribal Council. (b.) All revenues received, funds collected, and property acquired by the Shoalwater Bay Tribal Council or by the Shoalwater Bay Tribal Enterprise pursuant to this Code shall be the property of the Shoalwater Bay Indian Tribe. The net proceeds shall be paid through the tribal treasurer in the general tribal fund of the Shoalwater Bay Indian Tribe for the general governmental services of the Tribe. The Tribe reserves the right to enter into any agreement with the State of Washington related to taxation in lieu of, or in addition to, this Chapter 10.9, as the Tribe deems necessary. Section 10.9.02 Liquor Sales Excise Tax (a.) There is hereby levied and shall be collected a tax upon each sale of liquor, except beer and wine, whatever package or container, in the amount of three (3) cents per fluid ounce or fraction thereof contained in such package or container. (b.) There is hereby levied and shall be collected a tax upon each sale of beer or wine in the amount of five percent (5%) of the selling price. (c.) These excise taxes shall be added to the sale price of the liquor sold and shall be paid by the buyer to the Shoalwater Bay Liquor Enterprise or the licensed or permitted tribal seller who shall collect the same and hold those taxes in trust until collected by the Shoalwater Bay Tribal treasurer. The taxes provided for herein shall be the only taxes applicable to the activities of the Shoalwater Bay Liquor Enterprise. (d.) All tax revenues shall be transferred to the Tribal treasurer for deposit in the tribal tax fund for the benefit of the Shoalwater Bay Indian Tribe. In appropriating from those tax revenues, the Council shall give priority to: (1.) Strengthening tribal government which shall include but not be limited to strengthening tribal court and law enforcement systems and the system for administering and enforcing this Code. (2.) Fire protection, roads, and water and sewage services. (3.) Health, education, and other social services, and land acquisition and development needs. The Council shall have the sole discretion to determine which of the above priorities shall receive an appropriation and the amount of the appropriation for a given priority. PO 00000 Frm 00059 Fmt 4703 Sfmt 9990 (e.) The Enterprise and retail licensees shall keep such records required by the Tribal treasurer to determine the amount of taxes owing and shall complete the tax returns in accordance with instructions from the Tribal treasurer. (f.) Amendments to the amounts and types of taxes levied on the sale of liquor may be made from time to time by regulation by the Shoalwater Bay Tribal Council. Chapter 10.10 Construction Section 10.10.01 Severability If any part of this Title or the application thereof to any party, person, or entity or to any circumstances shall be held invalid for any reason whatsoever, the remainder of the Title shall not be affected thereby, and shall remain in full force and effect as though no part thereof had been declared to be invalid. Section 10.10.02 Repeal of Title Amendment or This Title may be amended or repealed by a majority vote of the Tribal Council. Section 10.10.03 Sovereign Immunity Nothing in this Title is intended to nor shall be construed as a waiver of the sovereign immunity of the Shoalwater Bay Indian Tribe except as provided in section 10.04.06.9 above. Section 10.10.04 Effective Date This Title shall be effective upon the thirtieth (30th) day after the Secretary of the Interior certifies this Title and publishes it in the Federal Register. Section 10.10.05 Jurisdiction Notwithstanding anything in this Title to the contrary, nothing herein is intended to nor shall be construed as a grant of jurisdiction from the Shoalwater Bay Indian Tribe to the State of Washington beyond that provided expressly by applicable law. The Tribe shall operate in conformity with State law and Tribal law to the extent required pursuant to 18 U.S.C. § 1161. [FR Doc. 2018–11839 Filed 5–31–18; 8:45 am] BILLING CODE 4337–15–P E:\FR\FM\01JNN1.SGM 01JNN1

Agencies

[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25479-25483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11839]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAKC001030/A0A501010.999900 253G]


Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian 
Reservation Liquor Ordinance; Repeal and Replace

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Shoalwater Bay Indian Tribe of the 
Shoalwater Bay Indian Reservation (the Tribe) Liquor Control Ordinance 
(the Ordinance). The Ordinance certifies the Tribe's liquor licensing 
laws to regulate and control the possession, sale, and consumption of 
liquor within the jurisdiction of the Tribe's reservation. The 
Ordinance repeals and replaces the previous liquor control ordinance 
published in the Federal Register on November 14, 1979, and any and all 
previous statutes.

DATES: This Ordinance takes effect July 2, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 
Northeast 11th Avenue, Portland, OR 97232; telephone: (503) 231-6702; 
fax: (503) 231-2201.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country.
    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 Shoalwater Bay Indian Tribe of the 
Shoalwater Bay Indian Reservation adopted Resolution Number: 02-16-18-
07 (Liquor Control Ordinance) on February 16, 2018. The statute repeals 
and replaces the previous liquor control ordinance published in the 
Federal Register on November 14, 1979 (44 FR 65675).

    Dated: May 14, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the 
Authority of the Assistant Secretary--Indian Affairs.

SHOALWATER BAY INDIAN TRIBE

TRIBAL CODE

TITLE 10--LIQUOR CONTROL

Chapter 10.1 General Provisions

Section 10.1.01 Title

    This Title shall be cited as the tribal ``Liquor Control'' code of 
the Shoalwater Bay Indian Tribe.

Section 10.1.02 Authority

    This title is enacted pursuant to the Tribe's inherent sovereignty 
and pursuant to the provisions of the Shoalwater Bay Tribal 
Constitution, Article VI, Powers of the Tribal Council, Section 1. 
Enumerated Powers, subsections (e),(f) and (x) and in conformity with 
the applicable laws of the State of Washington to the extent required 
under 18 U.S. C. Sec.  1161.

Section 10.1.03 Relation to Other Tribal Laws

    Prior liquor control ordinances are hereby repealed. Chapter 2.06 
of the

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Shoalwater Bay Code of Laws shall remain in effect but, if there is a 
conflict, this Title shall control.

Section 10.1.04 Definitions

    The definitions related to this Title are as follows:
    A. Alcoholic Beverage: Shall mean any intoxicating liquor, spirits, 
beer, or any wine, as defined under the provisions of this Title or 
other applicable law or regulation.
    B. Council: Shall mean the Tribal Council of the Shoalwater Bay 
Indian Tribe.
    C. Legal Age: Shall mean the age requirements as defined in this 
Title.
    D. Liquor Store: Shall mean any store established by the Tribe for 
the sale of alcoholic beverages or any entity licensed by the Tribe to 
sell alcoholic beverages.
    E. On-Site Licensee: Shall mean the Shoalwater Bay Indian Tribe or 
its duly authorized licensee when it sells, or keeps for sale, any 
alcoholic beverage authorized under this Title for consumption on the 
premises where sold.
    F. On-Site Sale: Shall mean the sale of any alcoholic beverage for 
consumption only upon the premises where sold.
    G. Sale: Shall include the exchange, barter, traffic, donation, 
with or without consideration, in addition to the selling, supplying, 
or distributing, by any means whatsoever, of liquor, spirits, alcoholic 
beverage, or of any liquid known or described as beer or by any name 
whatever commonly used to describe malt or brewed liquor or of wine, by 
any person to any person; and also includes a sale or selling within an 
area of tribal jurisdiction to a foreign consignee or his or her agent.
    H. Reservation: means the Shoalwater Bay Indian Reservation.
    I. Shoalwater Bay Indian country shall mean all lands to fullest 
extent of applicable law under the control of the Tribe as well as all 
trust land owned by the Tribe both on and off of its Reservation.
    J. Transaction: Shall mean any transfer of any bagged, bottled, 
boxed, canned or kegged alcoholic beverage, or the transfer of any 
contents of any bagged, bottled, boxed, canned or kegged alcoholic 
beverage from any liquor store, on-site dealer or vendor to any person.
    K. Tribe: means the Shoalwater Bay Indian Tribe.
    L. Tribal Court: means the Shoalwater Bay Tribal Court.
    M. Tribal Council or Council: means the Shoalwater Bay Tribal 
Council.
    N. Trust land: means all land held in trust or restricted fee 
status by the United States on behalf of the Shoalwater Bay Indian 
Tribe.
    O. Vendor: Shall mean any person employed or under the supervision 
by and of a liquor store or on-site dealer who conducts sales or 
transactions involving alcoholic beverages.

Chapter 10.2 Tribal Control of Alcoholic Beverages

Section 10.2.01 General Prohibition

    It shall be a violation of Tribal law to manufacture for sale, 
sell, offer, or keep for sale, possess, transport or conduct any 
transaction involving any alcoholic beverage except in compliance with 
the terms, conditions, limitations, and restrictions specified in this 
Title.

Section 10.2.02 Tribal Control of Alcoholic Beverages

    The Tribal Council shall have the sole and exclusive right to 
authorize the importation of alcoholic beverages for sale or other 
exchange or for the purpose of conducting transactions therewith, and 
no person or organization shall so import any such alcoholic beverage 
into the Shoalwater Bay Indian Country and into trust land, which 
includes the Reservation and trust lands of the Tribe, wherever 
situated, unless authorized by the Tribal Council.

Section 10.2.03 Regulatory Authority of Tribal Council

    (a.) To promulgate rules and regulations governing the sale, 
manufacture, distribution, licensing and possession of alcoholic 
beverages on the Reservation;
    (b.) To issue such licenses and permits as it deems appropriate 
permitting the sale or manufacture or distribution of liquor, for 
retail or wholesale, and to revoke such licenses;
    (c.) To employ such managers, accountants, security personnel, 
inspectors, and such other personnel as it shall determine necessary to 
allow the Tribal Council to perform its functions;
    (d.) To charter or create such tribal enterprises, divisions, 
corporations or other entities as it shall determine necessary to sell, 
possess, manufacture, or exchange alcoholic beverages as provided in 
Chapter 10.3 hereunder and elsewhere in Tribal law;
    (e.) To do all other things necessary and proper to fulfill this 
Title and duties, rights and responsibilities it has hereunder.

Chapter 10.3 Tribal Liquor Store Enterprise

Section 10.3.01 Tribal Liquor Enterprise

    In addition to any other licensed outlets under Chapter 10.4 of 
this Code, the Council may establish and maintain anywhere within the 
Shoalwater Bay Indian Country that the Council may deem advisable, a 
Tribal liquor store or stores for the retail sale or wholesale of 
alcoholic beverages in accordance with the provisions of this Title. 
The Council may set the prices of alcoholic beverages sold by any 
Tribal liquor store and may set such other regulations as it deems 
appropriate to regulate the store.

Chapter 10.4 Liquor Licenses and Permits

Section 10.4.01 Retail License

    The Council may issue a license or licenses to establish and 
maintain anywhere within the Shoalwater Bay Indian Country that the 
Council may deem advisable, a retail establishment or establishments 
for storage and on-site consumption of alcoholic beverages in 
accordance with the provisions of this Title. The Council may set the 
prices of alcoholic beverages sold by these on-site dealers.

Section 10.4.02 Grocery License

    The Tribal Council may issue a license or licenses to establish and 
maintain anywhere within the Shoalwater Bay Indian Country that the 
Council may deem advisable, a grocery or groceries for storage and sale 
of alcoholic beverages in accordance with the provisions of this Title. 
The Council may set the prices of alcoholic beverages sold by these 
groceries.

Section 10.4.03 Special Occasion License

    The Council may issue a license or licenses for the consumption of 
alcoholic beverages at special events at specific times and places and 
under such conditions as it may deem appropriate by regulation. Such 
special events may include but not be limited to banquets, fund 
raisers, and private parties.

Section 10.4.04 Wholesale License

    The Council may issue a license or licenses to establish and 
maintain anywhere within the Shoalwater Bay Indian Country that the 
Council may deem advisable, an establishment for the sale or 
distribution of alcoholic beverages at wholesale in accordance with the 
provisions of this Title. The Council may set the prices of alcoholic 
beverages sold by these distributors.

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Section 10.4.05 Other Licenses and Permits

    The Council may issue such other licenses and permits for alcohol 
or alcoholic beverages as it deems appropriate. Such additional 
licenses and permits may be issued pursuant to tribally issued 
regulations determining the terms and conditions as the Council may 
determine.

Section 10.4.06 Regulation and Control

Section 10.4.06.1

    Applications for licenses or permits shall be subject to such 
conditions, fees and restrictions on these licenses or permits as the 
Council shall deem appropriate. Applications shall be submitted on the 
prescribed form to the Council or its authorized employees. The Council 
may, at its sole discretion and subject to the conditions of this Code 
and other tribal laws and regulations, issue or refuse to issue any 
license permit upon payment of the prescribed fee.

Section 10.4.06.2

    For the purpose of considering any application for a license or 
permit, the Council may cause an inspection of the premises to be made 
and may inquire into all matters with the construction and operation of 
the premises.

Section 10.4.06.3

    No license shall be issued to:
    (a.) A person who is not a member of the Shoalwater Bay Indian 
Tribe;
    (b.) A partnership entity unless each partner is qualified to 
obtain a license, as provided in this section;
    (c.) A corporation or other entity unless all shareholders or 
owners are members of the Tribe;
    (d.) A person whose place of business is conducted by a manager or 
agent, unless such manager or agent is also an enrolled member of the 
Tribe;
    (e.) A person who has been convicted of a felony within five years 
prior to filing his or her application;
    (f.) A person who has been convicted of a violation of any federal, 
state or tribal law concerning the manufacture, possession or sale of 
alcoholic beverages within the last five years or has forfeited his or 
her bond to appear in court within the preceding five years to answer 
charges for such violation; or
    (g.) A person who is less than twenty-one years of age.
    In conformity with State and federal law, the requirements of 
subparagraphs (a) through (f) may be waived by the Tribal Council for 
special occasion licenses.

Section 10.4.06.4

    Every license shall be issued in the name of the applicant and no 
license shall be transferable, nor shall the holder thereof allow any 
other person to use the license.

Section 10.4.06.5

    Before the Council shall issue any license, notice of the 
application shall be posted in public places and comments shall be 
received on the application for period of twenty (20) days at the 
Shoalwater Bay Tribal office.

Section 10.4.06.6

    Before the Council shall issue any license it shall give due 
consideration to the location of the business.

Section 10.4.06.7

    All licenses issued by the Tribe shall be posted in a conspicuous 
place on the licensed premises.

10.4.06.8 Inspection Following License

    (a.) All licensed premises used in the storage or sale of alcoholic 
beverages, or any premises or parts of premises used or in any way 
connected, physically or otherwise, with the licensed business, shall 
at all times be open to inspection by any tribal inspector or tribal 
police officer authorized by the Council to do such inspection.
    (b.) Every person, being on any such premises and having charge 
thereof, who refuses to admit a tribal inspector or tribal police 
officer demanding to enter therein pursuant to authority herein, or who 
obstructs or attempts to obstruct the entry of such inspector or tribal 
police officer, or who refuses to allow the inspector to examine the 
books of the licensee, or who refuses to or neglects to make any return 
required by this Code or the regulations passed pursuant thereto, shall 
be deemed to be in violation of this Code.

10.4.06.9 Suspension and Cancellation

    (a.) The Council may, for violation of this Code, suspend or cancel 
any license or permit; and all rights to keep or sell alcoholic 
beverages thereunder shall be suspended or terminated as the case may 
be.
    (b.) Prior to cancellation or suspension, the Council shall send 
notice of its intent to cancel or suspend to the licensee or permit 
holder. A license or a permit is a privilege and no person shall have a 
vested right to one. The Council shall give at least ten (10) day's 
notice of such cancellation or suspension. The licensee shall have the 
right, prior to cancellation or suspension date, to apply to the Tribal 
Court for a hearing to determine whether the license was rightfully 
suspended or cancelled. The sovereign immunity of the Shoalwater Bay 
Tribe is waived for this hearing to seek declaratory and injunctive 
relief; provided that this waiver shall not waive sovereign immunity to 
allow the award of money damages, attorney fees or cost against the 
Tribe nor to grant any other relief other than a declaratory and 
injunctive relief nor shall it be construed to waiver sovereign 
immunity for suit in any court other than Tribal Court. This waiver 
shall not apply to a denial of an application for a license nor to a 
refusal to renew an expired license.

10.4.06.10 Expiration of License

    No license or permit shall be for a period longer than a year and 
may be for a shorter period at the discretion of the Tribe. Unless 
sooner cancelled, every license or permit issued by the Council shall 
expire at midnight on the last day of the Tribal fiscal year. Licenses 
issued less than six months before that date shall only cost one-half 
of the annual fee.

Chapter 10.5 State of Washington Licenses and Agreements

Section 10.5.01 State of Washington Licenses and Agreements

    The Tribe may negotiate at its discretion an agreement with the 
State of Washington or obtain a State of Washington liquor license or 
licenses for any purpose including any tribally operated establishment 
that sells alcoholic beverages or conducts transactions involving 
alcoholic beverages to allow the Tribe or its licensees to sell liquor 
in Shoalwater Bay Indian Country or within trust land under the Tribe's 
control.

Chapter 10.6 Disputes; Violations; Penalties

Section 10.6.01 Disputes with Licensees; Violations; Penalties; 
Exclusive Tribal Court Jurisdiction

    Any disputes or violations that arise under this Title shall be 
resolved by mediation or by a suit in Tribal Court, which shall have 
exclusive civil and criminal jurisdiction for actions arising under or 
to enforce this Title.

Chapter 10.7

Section 10.07.01 Applicability of State Law

    The Council and its agents shall act in conformity with Washington 
State laws regarding the liquor transactions to the extent required by 
applicable federal law, including 18 U.S.C. Sec.  1161.

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Chapter 10.8 Illegal Activities

Section 10.8.01 Persons Under 21 Years of Age: Restrictions

    (a.) No person under the age of 21 years shall purchase or possess 
alcoholic beverages in any establishment operating pursuant to the 
provisions of this Title.
    (b.) No person shall permit any other person under the age of 21 to 
consume liquor on his premises or any premises under their control 
except in those situations set out in this section. Any person 
violating this section shall be guilty of a separate violation of this 
Title for each and every drink so consumed.
    (c.) Any person who shall sell or provide any liquor to any person 
under the age of 21 years shall be guilty of a violation of this Title 
for each such sale or drink provided.
    (d.) Any person who transfers 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 shall be guilty of an offense, provided 
that corroborative testimony of a witness other than the underage 
person shall be a requirement of finding a violation of this Title.
    (e.) Any person who attempts to purchase an alcoholic beverage 
through the use of false or altered identification which falsely 
purports to show the individual to be over the age of 21 years shall be 
guilty of violating this Title.

Section 10.8.02 Restrictions on Intoxicated Persons

    No Tribally operated or licensed establishment shall sell, give, or 
furnish any alcoholic beverage or in any way allow any alcoholic 
beverage to be sold, given or furnished to a person who is obviously 
intoxicated.

Section 10.8.03 Hours and Days of Sale

    No Tribally operated or licensed establishment shall sell or 
furnish alcoholic beverages for on-site purposes during hours or on 
days not in compliance with applicable law.

Section 10.8.04 Illegal Sales or Purchase

    (a.) Any person who shall sell or offer for sale or distribute or 
transport in any manner, liquor in violation of this Title, or who 
shall operate or shall have liquor for sale in their possession without 
a license, shall be guilty of a violation of this Title subjecting them 
to civil fines assessed by the Tribal Council;
    (b.) Any person within the boundaries of the reservation or trust 
land of the Tribe who buys liquor from any person other than a properly 
licensed facility or the Tribal Enterprise shall be guilty of a 
violation of this Title;
    (c.) Any person who keeps or possesses liquor upon their person or 
in any place or on premises conducted or maintained by their principal 
or agent with the intent to sell or distribute it contrary to the 
provisions of this Title, shall be guilty of a violation of this Title;
    (d.) Any person engaging wholly or in part in the business of 
carrying passengers for hire, and every agent, servant, or employee of 
such person, who shall knowingly permit any person to drink liquor in 
any public conveyance, shall be guilty of an offense under this Title. 
Any person who shall drink liquor in a public conveyance shall be 
guilty of a violation of this Title.

Section 10.8.06 Identification

    When requested by the provider of liquor, any person shall be 
required to present official documentation of the bearer's age, 
signature, and photograph. Official documentation includes one of the 
following:
    (a.) Valid driver's license, identification, or enrollment card 
issued by any Tribe or State department of motor vehicles;
    (b.) United States Active Duty Military Identification;
    (c.) Liquor control authority card of identification of any state; 
or
    (d.) Passport.

Section 10.8.07 Contraband

    (a.) Liquor, which is possessed, including for sale, contrary to 
the terms of this Title is declared to be contraband. Any Tribal agent, 
employee or officer who is authorized by the Tribal Council to enforce 
this section shall seize all contraband and preserve it in accordance 
with the provisions established for the preservation of impounded 
property; and
    (b.) Upon being found in violation of the Title, the party shall 
forfeit all right, title and interest in the items seized which shall 
become the property of the Tribe.

Section 10.8.08 Tribal Liquor Stamp

    (a.) No liquor, other than beer and wine, sold pursuant to a Tribal 
license shall be sold on the Shoalwater Bay Indian Reservation, in 
Shoalwater Bay Indian Country or on trust land unless there shall be 
affixed a stamp of the Shoalwater Bay Tribal Council.
    Any sales made in violation of this provision shall be remedied as 
set out in this Title. All liquor other than beer and wine sold 
pursuant to a Tribal license not so stamped, which is sold or held for 
sale, is hereby declared contraband and, in addition to any penalties 
imposed by the Court in violation of this section, it may be 
confiscated and forfeited in accordance with procedures herein.
    (b.) No person other than an employee of the Tribe shall keep or 
have in his or her possession any legal seal prescribed under this Code 
unless the same is attached to a package which has been purchased from 
a tribal liquor outlet, nor shall any person keep or have in his or her 
possession any design in imitation of any official seal prescribed 
under this Code or calculated to deceive by its resemblance to any 
official seal or any paper upon which such design is stamped, engraved, 
lithographed, printed or otherwise marked. Any person violating this 
provision shall be in violation of this Title.

Section 10.8.09 Defense to Action for Sale to Minors

    It shall be a defense to a suit for serving alcoholic beverages to 
a person under twenty-one years of age if such a person has presented a 
card of identification.
    (a.) In addition to the presentation by the holder and verification 
of such card of identification, the seller shall require the person 
whose age may be in question to sign a card and place a date and number 
of this card of identification thereon. Such statement shall be upon a 
five-inch by eight-inch file card, which card shall be filed 
alphabetically by the licensee at or before the close of business on 
the day on which the statement is executed, in the file box contained 
containing a suitable alphabetical index and the card shall be subject 
to examination by any tribal peace officer or employee of the Tribe at 
all times.
    (b.) Such card in the possession of a licensee may be offered as 
defense in any hearing by the Tribal Court for serving liquor to the 
person who signed the card and may be considered by the Court as 
evidence that the licensee acted in good faith.

Section 10.8.10 Civil Fines

    Any person guilty of a violation of this Title or any regulation 
shall be liable to pay the Tribe the amount of $500 per violation plus 
costs as civil damages to defray the Tribe's cost of enforcement of 
this Title when there is no other penalty specifically provided.

Section 10.8.11 Enforcement

    (a.) In any proceeding under this Title, conviction of one unlawful 
sale or distribution of liquor shall establish prima facie intent of 
unlawfully keeping

[[Page 25483]]

liquor for sale, selling liquor or distributing liquor in violation of 
this Title.
    (b.) The Shoalwater Bay Tribal Court shall have jurisdiction over 
any case brought by the Tribe for violations of this Code. The Tribal 
Court may, in addition to the above penalty, grant to the Tribe such 
other relief as may be necessary and proper for the enforcement of this 
Code, including but not limited to injunctive relief against acts in 
violation of this Code.

Section 10.8.12 Abatement

    (a.) Any room, house, building, vehicle, structure, or other place 
where liquor is sold, manufactured, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provisions of 
this Title or of any other Tribal law relating to the manufacture, 
importation, transportation, possession, distribution, and sale of 
liquor, 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 name of the Tribe to abate and 
perpetually enjoin any nuisance declared under this Title. The Tribe 
shall not be required to give bond to maintain this action. In addition 
to all other remedies at Tribal law, the Tribal Court may also order 
the room, house, building, vehicle, structure, or place closed for a 
period of one (l) year or until the owner, lessee, tenant, or occupant 
thereof shall give bond of sufficient sum of not less than $25,000 
payable to the Tribe and on the condition that liquor will not be 
thereafter manufactured, kept, sold, bartered, exchanged, given away, 
furnished, or otherwise disposed of thereof in violation of the 
provisions of this Title or of any other applicable Tribal law and that 
they will pay all fines, costs and damages assessed against them for 
any violation of this Title. If any conditions of the bond be violated, 
the bond may be recovered for the use of the Tribe; and
    (c.) In all cases where any person has been found in violation of 
this Title relating to the manufacture, importation, transportation, 
possession, distribution, and sale of liquor, an action may be brought 
to abate as a nuisance any real estate or other property involved in 
the violation of the Title and violation of this Title shall be prima 
facie evidence that the room, house, building, vehicle, structure, or 
place against which such action is brought is a public nuisance.

Chapter 10.9 Tribal Taxation

Section 10.9.01 Taxation

    (a.) The power to levy taxes under the provisions of this Title is 
vested exclusively with the Tribal Council.
    (b.) All revenues received, funds collected, and property acquired 
by the Shoalwater Bay Tribal Council or by the Shoalwater Bay Tribal 
Enterprise pursuant to this Code shall be the property of the 
Shoalwater Bay Indian Tribe. The net proceeds shall be paid through the 
tribal treasurer in the general tribal fund of the Shoalwater Bay 
Indian Tribe for the general governmental services of the Tribe. The 
Tribe reserves the right to enter into any agreement with the State of 
Washington related to taxation in lieu of, or in addition to, this 
Chapter 10.9, as the Tribe deems necessary.

Section 10.9.02 Liquor Sales Excise Tax

    (a.) There is hereby levied and shall be collected a tax upon each 
sale of liquor, except beer and wine, whatever package or container, in 
the amount of three (3) cents per fluid ounce or fraction thereof 
contained in such package or container.
    (b.) There is hereby levied and shall be collected a tax upon each 
sale of beer or wine in the amount of five percent (5%) of the selling 
price.
    (c.) These excise taxes shall be added to the sale price of the 
liquor sold and shall be paid by the buyer to the Shoalwater Bay Liquor 
Enterprise or the licensed or permitted tribal seller who shall collect 
the same and hold those taxes in trust until collected by the 
Shoalwater Bay Tribal treasurer. The taxes provided for herein shall be 
the only taxes applicable to the activities of the Shoalwater Bay 
Liquor Enterprise.
    (d.) All tax revenues shall be transferred to the Tribal treasurer 
for deposit in the tribal tax fund for the benefit of the Shoalwater 
Bay Indian Tribe. In appropriating from those tax revenues, the Council 
shall give priority to:
    (1.) Strengthening tribal government which shall include but not be 
limited to strengthening tribal court and law enforcement systems and 
the system for administering and enforcing this Code.
    (2.) Fire protection, roads, and water and sewage services.
    (3.) Health, education, and other social services, and land 
acquisition and development needs. The Council shall have the sole 
discretion to determine which of the above priorities shall receive an 
appropriation and the amount of the appropriation for a given priority.
    (e.) The Enterprise and retail licensees shall keep such records 
required by the Tribal treasurer to determine the amount of taxes owing 
and shall complete the tax returns in accordance with instructions from 
the Tribal treasurer.
    (f.) Amendments to the amounts and types of taxes levied on the 
sale of liquor may be made from time to time by regulation by the 
Shoalwater Bay Tribal Council.

Chapter 10.10 Construction

Section 10.10.01 Severability

    If any part of this Title or the application thereof to any party, 
person, or entity or to any circumstances shall be held invalid for any 
reason whatsoever, the remainder of the Title shall not be affected 
thereby, and shall remain in full force and effect as though no part 
thereof had been declared to be invalid.

Section 10.10.02 Amendment or Repeal of Title

    This Title may be amended or repealed by a majority vote of the 
Tribal Council.

Section 10.10.03 Sovereign Immunity

    Nothing in this Title is intended to nor shall be construed as a 
waiver of the sovereign immunity of the Shoalwater Bay Indian Tribe 
except as provided in section 10.04.06.9 above.

Section 10.10.04 Effective Date

    This Title shall be effective upon the thirtieth (30th) day after 
the Secretary of the Interior certifies this Title and publishes it in 
the Federal Register.

Section 10.10.05 Jurisdiction

    Notwithstanding anything in this Title to the contrary, nothing 
herein is intended to nor shall be construed as a grant of jurisdiction 
from the Shoalwater Bay Indian Tribe to the State of Washington beyond 
that provided expressly by applicable law. The Tribe shall operate in 
conformity with State law and Tribal law to the extent required 
pursuant to 18 U.S.C. Sec.  1161.

[FR Doc. 2018-11839 Filed 5-31-18; 8:45 am]
 BILLING CODE 4337-15-P