Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance, 45960-45966 [2018-19731]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45960-45966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19731]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

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


Craig Tribal Association of Craig, Alaska's Alcohol Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the liquor control ordinance of the 
Craig Tribal Association of Craig, Alaska. The liquor control ordinance 
regulates and controls the possession, sale, manufacture, and 
distribution of alcohol in conformity with the laws of the State of 
Alaska.

DATES: This Ordinance takes effect September 11, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Jolene John, Tribal Operations 
Officer, Alaska Regional Office, Bureau of Indian Affairs, 3601 C 
Street, Suite 1200, Anchorage, Alaska 99503, telephone: (907) 271-4043, 
fax: (907) 271-4083.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 82-277, 67 Stat. 5856, 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 ordinances for the purpose of regulating 
liquor transactions in Indian Country. The Craig Tribal Association of 
Craig, Alaska duly adopted the Craig Tribal Association of Craig, 
Alaska's Alcohol Control Ordinance on November 14, 2017, and 
subsequently amended it on March 21, 2018, April 18, 2018, and June 14, 
2018.
    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 Craig Tribal Association of Craig, Alaska 
duly adopted by resolution the Craig Tribal Association of Craig, 
Alaska's Alcohol Control Ordinance enacted November 14, 2017, by Res. 
No. CTA 2017-43 and amended March 21, 2018, April 18, 2018, and June 
14, 2018 by vote of the council to clarify language and to correct 
organizational errors.


[[Page 45961]]


    Dated: August 22, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance

Article I. Introduction

Section 1.1. Title
    This Ordinance shall be known as the ``Craig Tribal Association of 
Craig, Alaska's Alcohol Control Ordinance.''
Section 1.2. Authority
    This Ordinance is enacted in accordance with the inherent 
governmental powers of the Craig Tribal Association, a federally 
recognized tribe of Indians through its Constitution and Bylaws of the 
Craig Tribal Association of Craig, Alaska, and in conformance with the 
laws of the State of Alaska, as required by the Act of August 15, 1953, 
Public Law 83-177, 67 Stat. 586, 18 U.S.C. 1161.
Section 1.3. Purpose
    The purpose of this Ordinance is to regulate and control the 
possession and sale of Alcohol on Tribal lands of the Craig Tribal 
Association. The enactment of this Ordinance will enhance the ability 
of the Craig Tribal Association to control all such alcohol 
[middot]related activities within the jurisdiction of the Tribe and 
will provide an important source of revenue for the continued operation 
and strengthening of the Craig Tribal Association and the delivery of 
important governmental services.
Section 1.4. Application of Federal Law
    Federal Law prohibits the introduction, possession, and sale of 
liquor in Indian Country (18 U.S.C. 1154 and other statutes), except 
when in conformity both with the laws of the State and the Tribe (18 
U.S.C. 1161).
Section 1.5. Administration of Ordinance
    The Tribal Council, through its powers vested under the 
Constitution of the Craig Tribal Association and this Ordinance, 
delegates to the Tribal Council the authority to exercise all of the 
powers and accomplish all of the purposes as set forth in this 
Ordinance, which may include, but are not limited to, the following 
actions:
    A. Adopt and enforce rules and regulations for the purpose of 
effectuating this Ordinance, which includes the setting of fees, fines 
and other penalties;
    B. Execute all necessary documents; and
    C. Perform all matters of actions incidental to and necessary to 
conduct its business and carry out its duties and functions under this 
Ordinance.
Section 1.6. Sovereign Immunity Preserved
    A. The Tribe is immune from suit in any jurisdiction except to the 
extent that the Tribal Council of the Craig Tribal Association or the 
United States Congress expressly and unequivocally waives such immunity 
by approval of written tribal resolution or Federal statute.
    B. Nothing in this Ordinance shall be construed as waiving the 
sovereign immunity of the Craig Tribal Association or the Tribal 
Council as an agency of the Craig Tribal Association.
Section 1. 7. Applicability
    This Ordinance shall apply to all persons or entities operating or 
conducting activities involving the possession, sale or distribution of 
Alcohol on Tribal land of the Craig Tribal Association.
Section 1.8. Computation of Time
    Unless otherwise provided in this Ordinance, in computing any 
period of time prescribed or allowed by this Ordinance, the day of the 
act, event, or default from which the designated period of time begins 
to run shall not be included. The last day of the period so computed 
shall be included, unless it is a Saturday, a Sunday, or a legal 
holiday. For the purposes of this Ordinance, the term ``legal holiday'' 
shall mean all legal holidays under Tribal or Federal law. All 
documents mailed shall be deemed served at the time of mailing.
Section 1.9. Liberal Construction
    The provisions of this Ordinance shall be liberally construed to 
achieve the purposes set forth, whether clearly stated or apparent from 
the context of the language used herein.
Section 1.10. Collection of Applicable Fees, Taxes or Fines
    The Tribal Council shall have the authority to collect all 
applicable and lawful fees, taxes, and or fines from any person or 
Licensee as imposed by this Ordinance. The failure of any Licensee to 
deliver applicable taxes collected on the sale of Alcoholic Beverages 
shall subject the Licensee to penalties, including, but not limited to 
the revocation of said License.

Article II. Declaration of Public Policy

Section 2.1. Matter of Special Interest
    The possession, sale and consumption of Alcoholic Beverages within 
the jurisdiction of the Craig Tribal Association are matters of 
significant concern and special interest to the Tribe. The Tribal 
Council hereby declares that the policy of the Craig Tribal Association 
is to eliminate the problems associated with unlicensed, unregulated, 
and unlawful importation, distribution, possession, and sale of 
Alcoholic Beverages for commercial purposes and to promote temperance 
in the use and consumption of Alcoholic Beverages by increasing the 
Tribe's control over such activities on Tribal lands.
Section 2.2. Federal Law
    The introduction of Alcohol within the jurisdiction of the Tribe is 
currently prohibited by federal law (18 U.S.C. 1154), except as 
provided for therein, and the Tribe is expressly delegated the right to 
determine, in conformance with applicable state law, when and under 
what conditions Alcohol, including Alcoholic Beverages, shall be 
permitted therein (18 U.S.C. 1161).
Section 2.3. Need for Regulation
    The Tribe finds that the Federal Liquor Laws prohibiting the 
introduction, distribution, possession, sale, and consumption of 
Alcoholic Beverages within the Tribal lands should be addressed by laws 
of the Tribe, with all such business activities related thereto subject 
to the taxing and regulatory authority of the Tribal Council.
Section 2.4. Geographic Locations
    The Tribe finds that the introduction, distribution, possession, 
sale, and consumption of Alcohol, including Alcoholic Beverages, shall 
be regulated under this Ordinance only where such activity will be 
conducted within or upon Tribal lands.
Section 2.5. Definitions
    As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    A. ``Alcohol'' means the product of distillation of fermented 
liquid, whether or not rectified or diluted with water, including, but 
not limited to Alcoholic Beverages as defined herein, but does not mean 
ethyl or industrial alcohol, diluted or not, that has been denatured or 
otherwise rendered unfit for purposes or consumption by humans.
    B. ``Alcoholic Beverage(s)'' when used in this Ordinance means, and 
shall include any liquor, beer, spirits, or wine, by whatever name they 
may be called, and from whatever source and by whatever process they 
may have been produced, and which contain a sufficient percent of 
alcohol by volume

[[Page 45962]]

which, by law, makes said beverage subject to regulation as an 
intoxicating beverage under the laws of the State of Alaska. Alcoholic 
Beverages include all forms of ``low-point beer'' as defined under the 
laws of the State of Alaska.
    C. ``Applicant'' means any person or entity submitting an 
application to the Tribal Council for an Alcoholic Beverage License and 
who has not yet received such a License.
    D. ``Constitution'' means the Constitution of the Craig Tribal 
Association.
    E. ``Tribal Council'' means the duly elected legislative body of 
the Craig Tribal Association authorized to act in and on all matters 
and subjects upon which the Tribe is empowered to act, now or in the 
future.
    F. ``Federal Liquor Laws'' means all laws of the United States of 
America, including, but not limited to 18 U.S.C. 1154 & 1161, that 
apply to or regulate in any way the introduction, distribution, 
possession, or sale of any form of Alcohol on Indian lands.
    G. ``Legal Age'' means twenty-one (21) years of age.
    H. ``License'' or ``Alcoholic Beverage License'' means a license 
issued by the Tribal Council authoring the introduction, or sale of 
Alcoholic Beverages for commercial purposes under the provisions of the 
Ordinance.
    I. ``Licensee'' means a person or entity that holds an Alcohol 
Beverage License issued by the Tribal Council and includes any employee 
or agent of the License.
    J. ``Liquor Store'' means any business, store, or commercial 
establishment at which Alcohol is sold and shall include any and all 
business engaged in the sale of Alcoholic Beverages, whether sold as 
packaged or by the drink.
    K. ``Alaska Liquor License'' means any license or permit issued by 
the State of Alaska, including any agency, subdivision, or borough 
thereof, regulating any form of Alcohol, including, but not limited to 
any form of Alcoholic Beverage.
    L. ``Ordinance'' means this Craig Tribal Association Alcohol 
Control Ordinance, as hereafter amended.
    M. The words ``package'' or ``packaged'' means the sale of any 
Alcoholic Beverage by delivery of same by a seller to a purchaser in 
any container, bag, or receptacle for consumption beyond the premises 
or location designated on the seller's License.
    N. The words ``sale(s)'', ``sell'', or ``sold'' means the exchange, 
barter, traffic, furnishing, or giving away of any Alcoholic Beverage 
by any and all means, by whatever name commonly used to describe the 
same, by any entity or person to another person.
    O. ``Tribal Council'' shall mean the Craig Tribal Association 
Council and will include its duly authorized delegees.
    P. ``Tribal lands'' shall mean and reference the geographic area 
that includes all land included within the definition of ``Indian 
Country'' as established and described by federal law and that is under 
the jurisdiction of the Craig Tribal Association, including, but not 
limited to all lands held in trust by the federal government, located 
within the same, as are now in existence or may hereafter be added to.
    Q. ``Tribal law'' means the Constitution of the Craig Tribal 
Association, and all laws, ordinances, codes, resolutions, and 
regulations now and hereafter duly enacted by the Tribe.
    R. ``Tribe'' shall mean the Craig Tribal Association.

Article III. Sales of Alcoholic Beverages

Section 3.1. Prohibition of the Unlicensed Sale of Alcoholic Beverages
    This Ordinance prohibits the introduction, distribution, or sale of 
Alcoholic Beverages, other than where conducted by a Licensee in 
possession of a lawfully issued License in accordance with this 
Ordinance. The Federal Liquor Laws are intended to remain applicable to 
any act or transaction that is not authorized by this Ordinance, and 
violators shall be subject to all penalties and provisions of any and 
all applicable Federal, Tribal and State laws.
Section 3.2. License Required
    A. Any and all sales of Alcoholic Beverages conducted upon Tribal 
lands must be Licensed and the Licensee must: (i) Hold a current 
Alcoholic Beverage License, duly issued by the Tribal Council; and (ii) 
prominently and conspicuously display the License on the premises or 
location designated on the license.
    B. A Licensee has the right to engage only in those activities 
involving Alcoholic Beverages expressly authorized by such License in 
accordance with this Ordinance.
Section 3.3. Sales for Cash
    All sales of Alcoholic Beverages conducted by any person or entity 
upon Tribal lands shall be conducted on a cash-only basis, and no 
``account for credit with Licensee'' for said purchase and consumption 
of same shall be extended to any person, organization, or entity, 
except that this provision does not prohibit the payment of same by use 
of credit cards acceptable to the seller (including but not limited to 
VISA, MasterCard or American Express).
Section 3.4. Personal Consumption
    All sales of Alcoholic Beverages shall be for the personal use and 
consumption of the purchaser and his/her guest(s) of Legal Age. The re-
sale by any entity not licensed as required by this Ordinance is 
prohibited.
Section 3.5. Tribal Enterprise
    No employee or operator of an entity owned by the Tribe shall sell 
or permit any person to open or consume any Alcoholic Beverage on any 
premises or location, or any premises adjacent thereto, under his or 
her control, unless such activity is properly licensed as provided in 
this Ordinance.

Article IV. Licensing

Section 4.1. Eligibility
    Only Applicants operating upon Tribal lands shall be eligible to 
receive a License for the sale of any Alcoholic Beverage under this 
Ordinance.
Section 4.2. Application Process
    A. The Tribal Council may cause a License to be issued to any 
Applicant as it may deem appropriate, but not contrary to the best 
interests of the Tribe and its Tribal members. Any applicant that 
desires to receive any Alcohol Beverage License, and that meets the 
eligibility requirements pursuant to this Ordinance, must apply to the 
Tribal Council for the desired class of License. Applicants shall (i) 
Fully and accurately complete the application provided by the Tribal 
Council; (ii) pay the Tribal Council such application fee as may be 
required; and (iii) submit such application to the Tribal Council for 
consideration.
    B. All application fees paid to the Tribal Council are 
nonrefundable upon submission of any such application. Each application 
shall require the payment of a separate application fee. The Tribal 
Council may waive fees at its discretion.
Section 4.3. Term and Renewal of Licenses
    A. With the exception of a Temporary License, the term of all 
Licenses issued under this Ordinance shall be for a period not to 
exceed two (2) years from the original date of issuance and may be 
renewed thereafter on a year-to-year basis, in compliance with this 
Ordinance and any rules and regulations hereafter adopted by the Tribal 
Council.
    B. Each License may be considered for renewal by the Tribal Council 
annually

[[Page 45963]]

upon the Licensee's submission of a new application and payment of all 
required fees. Such renewal application shall be submitted to the 
Tribal Council at least sixty (60) days and no more than ninety (90) 
days prior to the expiration of an existing License. If a License is 
not renewed prior to its expiration, the Licensee shall cease and 
desist all activity as permitted under the License, including the sale 
of any Alcoholic Beverages, until the renewal of such License is 
properly approved by the Tribal Council.
Section 4.4. Classes of Licenses
    The Tribal Council shall have the authority to issue the following 
classes of Alcoholic Beverage License:
    A. ``Retail On-Site Beer and Wine License'' authorizing the 
Licensee to sell only beer and wine at retail at the location 
designated in the License.
    B. ``Temporary or Provisional License'' authorizing the sale of 
Alcoholic Beverages on a temporary basis for premises or at a location 
temporarily occupied by the Licensee for a picnic, social gathering, or 
similar occasion, as allowed by Federal and State law. A Temporary or 
Provisional License may not be renewed upon expiration. A new 
application must be submitted for each such License.
Section 4.5. Application Form and Content
    An application for any License shall be made to the Tribal Council 
and shall contain at least the following information:
    A. The name and address of the Applicant, including the names and 
addresses of the principal officers, directors, managers and other 
employees with primary management responsibility related to the sale of 
Alcoholic Beverages;
    B. The specific area, location and or premise(s) for which the 
License is applied;
    C. The hours that the Applicant will sell the Alcoholic Beverages;
    D. For Temporary Licenses, the dates for which the License is 
sought to be in affect;
    E. The class of Alcoholic Beverage License applied for, as set 
forth in Section 4.4 herein;
    F. Whether the Applicant has an Alaska Liquor License; a copy of 
such License, and any other applicable license, shall be submitted to 
and retained by the Tribal Council;
    G. A sworn statement by the Applicant to the effect that none of 
the Applicant's officers, directors, managers, and or employees with 
primary management responsibility related to the sale of Alcoholic 
Beverages, have ever been convicted of a felony under the law of any 
jurisdiction, and have not violated and will not violate or cause or 
permit to be violated any of the provisions of this Ordinance; and
    H. The application shall be signed and verified by the Applicant 
under oath and notarized by a duly authorized representative.
Section 4.6. Action on the Application
    The Tribal Council shall have the authority to deny or approve the 
application, consistent with this Ordinance and the laws of the Tribe. 
Upon approval of an application, the Tribal Council shall issue a 
License to the Applicant in a form to be approved from time to time by 
the Tribal Council. The Tribal Council shall have the authority to 
issue a temporary or provisional license pending the foregoing approval 
process.
Section 4.7. Denial of License or Renewal
    An application for a new License or License Renewal may be denied 
for one or more of the following reasons:
    A. The Applicant materially misrepresented facts outlined contained 
in the application;
    B. The Applicant is currently not in compliance with this Ordinance 
or any other Tribal or Federal laws;
    C. Granting of the License, or renewal thereof, would create a 
threat to the peace, safety, morals, health or welfare of the Tribe;
    D. The Applicant has failed to complete the application properly or 
has failed to tender the appropriate fee.
    E. A verdict or judgment has been entered against or a plea of nolo 
contendere has been entered by an Applicant's officer, director, 
manager, or any other employee with primary management responsibility 
related to the sale of Alcoholic Beverages, to any offense under 
Tribal, Federal, or State laws prohibiting or regulating the sale, use, 
possession, or giving away of Alcoholic Beverages. No person who has 
been convicted of a felony shall be eligible to hold license.
Section 4.8. Temporary Denial
    If the application is denied solely on the basis of Section 4.7(D), 
the Tribal Council shall, within fourteen (14) days of such action, 
deliver in person or by mail a written notice of temporary denial to 
the Applicant. Such notice of temporary denial shall: (i) Set forth the 
reason(s) for denial; and (ii) state that the temporary denial will 
become a permanent denial if the reason(s) for the denial or not 
corrected within fifteen (15) days following the mailing or personal 
delivery of such notice.
Section 4.9. Cure
    If an applicant is denied a License for any reason stated in 
Section 4. 7 ``Denial of License or Renewal'', the Applicant may cure 
the deficiency and resubmit the application for consideration. Each re-
submission will be treated as a new application for License or renewal 
of License, and the appropriate fee shall be due upon re-submission.
Section 4.10. Investigation
    Upon receipt of an application for the issuance, or renewal of a 
License, the Tribal Council shall make a thorough investigation to 
determine whether the Applicant and the premises or location for which 
a License is applied for qualifies for a License, and whether the 
provisions of this Ordinance have been complied with. The Tribal 
Council shall investigate all matters connected herewith which may 
affect the public health, welfare and morals of the Tribe, community, 
etc.
Section 4.11. Procedures for Appealing a Denial or Condition of 
Application
    Any Applicant for a License or Licensee who believes the denial of 
their License or request for renewal of their License is wrongfully 
determined in accordance with the Rules, Regulations and Enforcement of 
this Ordinance which are outlined in Article VI, Sections 6.1 through 
6.11, may appeal the decision of the Tribal Council.
Section 4.12. Revocation of License
    The Tribal Council may initiate action to revoke a License whenever 
it is brought to the attention of the Tribal Council that a Licensee:
    A. Has materially misrepresented facts contained in any License 
application;
    B. Is not in compliance with this Ordinance or any other Tribal, 
State or Federal laws material to the issue of Alcohol licensing;
    C. Failed to comply with any condition of a License, including 
failure to pay taxes on the sale of Alcoholic Beverages or failure to 
pay any fee required under this Ordinance;
    D. Has a verdict, or judgement entered against, or has a plea of 
nolo contendere entered by any of its officers, directors, managers or 
any employees with primary responsibility over the sale of Alcoholic 
Beverages, as to any offense under Tribal, Federal or State laws 
prohibiting or regulating the sale, use, or

[[Page 45964]]

possession, of Alcoholic Beverages or a felony of any kind.
    E. Failed to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the premises or location 
designated in the License, or any adjacent area under their control, 
within a reasonable time after receipt of a notice to make such 
corrections has been mailed or personally delivered by the Tribal 
Council; or
    F. Has had an Alaska Liquor License suspended or revoked.
Section 4.13. Initiation of Revocation Proceedings
    Revocation proceedings may be initiated by either: (i) The Tribal 
Council, on its own motion and through the adoption of an appropriate 
resolution meeting the requirements of this section; or (ii) by any 
person who files a complaint with the Tribal Council. The complaint 
shall be in writing and signed by the maker. Both the complaint and 
resolution shall state facts showing that there are specific grounds 
under this Ordinance which would authorize the Tribal Council to revoke 
the License(s).
Section 4.14. Revocation Hearing
    If a Complaint is made stating facts which specify grounds to 
revoke a License under this Ordinance, a hearing held on this complaint 
shall be held under such rules and regulations as the Tribal Council 
may prescribe. Both the Licensee and the person filing the complaint 
shall have the right to present witnesses to testify and to present 
written documents in support of their positions to the Tribal Council. 
The Tribal Council shall render its decision within sixty (60) days 
after the date of the hearing. The decision of the Tribal Council shall 
be final.
Section 4.15. Delivery of License
    Upon revocation of a License, the Licensee shall forthwith deliver 
their License to the Tribal Council.
Section 4.16. Transferability of Licenses
    Alcoholic Beverage Licenses shall be issued to a specific Licensee 
for use at a single premises or specific location and shall not be 
transferable for use by any other premises or location.
Section 4.17. Posting of License
    Every Licensee shall post and keep posted its License(s) in a 
prominent and conspicuous place(s) on the premises or location 
designated in the License. Any License posted on a premises or location 
not designated in such License shall not be considered valid and shall 
constitute a separate violation of this Ordinance.

Article V. Powers of Enforcement

Section 5.1. Tribal Council
    In furtherance of this Ordinance, the Tribal Council shall have 
exclusive authority to administer and implement this Ordinance and 
shall have the following powers and duties hereunder:
    A. To adopt and enforce rules and regulations governing the sale, 
distribution, and possession of Alcoholic Beverages within the Tribal 
lands of the Craig Tribal Association;
    B. To employ such persons as may be reasonably necessary to perform 
all administrative and regulatory responsibilities of the Tribal 
Council hereunder. All such employees shall be employees of the Tribe;
    C. To issue Licenses permitting the sale, distribution, and 
possession of Alcoholic Beverages within the Tribal lands;
    D. To give reasonable notice and to hold hearings on violations of 
this Ordinance;
    E. To deny applications and renewals for Licenses and revoke issued 
Licenses as provided in this Ordinance;
    F. To bring such other actions as may be required by applicable 
Tribal or Federal law or regulation; and
    G. To collect taxes, fees, and penalties as may be required, 
imposed, or allowed by applicable Tribal or Federal law or regulation, 
and to keep accurate books, records, and accounts of the same.
Section 5.2. Right of Inspection
    Any premises or location of any person or entity licensed to, 
distribute, or sell Alcoholic Beverages pursuant to this Ordinance 
shall be open for inspection by the Tribal Council for the purpose of 
ensuring the compliance or noncompliance of the License with all 
provisions of this Ordinance and any applicable Tribal laws or 
regulations.
Section 5.3. Limitation of Powers
    In the exercise of its powers and duties under this Ordinance, 
agents, employees, or any other affiliated persons of the Tribal 
Council shall not, whether individually or as a whole accept any 
gratuity, compensation, or other thing of value from any Alcoholic 
Beverage wholesaler, retailer, or distributor, or from any Applicant or 
Licensee.

Article VI. Rules, Regulations, and Enforcement

Section 6.1. Sale or Distribution on Tribal Lands Without a License
    Any person or entity who sells or offers for sale or distribution 
any Alcoholic Beverage in violation of this Ordinance, or who operates 
any business on Tribal lands that has Alcoholic Beverages for sale or 
in their possession without a proper License properly posted as 
required in Section 4.17, shall be in violation of this Ordinance.
Section 6.2. Unlawful Purchase
    Any person who purchases any Alcoholic Beverage on Tribal lands 
from a person or entity that does not have a License to sell Alcoholic 
Beverages properly posted shall be in violation of this Ordinance.
Section 6.3. Intent To Sell
    Any persons who keeps or possesses, or causes another to keep or 
possess, upon his person or on premises within his control, any 
Alcoholic Beverage, with the intent to sell or to distribute the same 
contrary to the provisions of this Ordinance shall be in violation of 
this Ordinance.
Section 6.4. Sale to Intoxicated Person
    Any person who knowingly sells an Alcoholic Beverage to a person 
who is visibly intoxicated shall be in violation of this Ordinance and 
shall be subject to the penalties of a court with jurisdictional 
authority.
Section 6.5. Age of Consumption
    No person under the age of twenty-one (21) years may possess, 
purchase or consume any Alcoholic Beverage on Tribal lands, and any 
such possession or consumption shall be in violation of this Ordinance 
and shall be subject to the penalties of a court with jurisdictional 
authority.
Section 6.6. Serving Underage Person
    No person shall sell, or serve any Alcoholic Beverage to a person 
under the age of twenty-one (21) years, or permit any such person to 
possess or consume any Alcoholic Beverage on the premises or on any 
premises under their control. Any Licensee violating this section shall 
be guilty of a separate violation of this Ordinance for each and every 
Alcoholic Beverage sold or served and or consumed by such an underage 
person.
Section 6.7. False Identification
    Any person who purchases or who attempts to purchase any Alcoholic 
Beverage through the use of false, or altered identification that 
falsely purports to show such person to be over the age of twenty-one 
(21) years shall be in violation of this Ordinance.
Section 6.8. Documentation of Age
    Any seller or server of any Alcoholic Beverage shall be required to 
request

[[Page 45965]]

proper and satisfactory documentation of age of any person who appears 
to be thirty (30) years of age or younger. When requested by a seller 
or server of Alcoholic Beverages, every person shall be required to 
present proper and satisfactory documentation of the bearer's age, 
signature, and photograph prior to the purchase or delivery of any 
Alcoholic Beverage. For purposes of this Ordinance, proper and 
satisfactory documentation shall include one or more of the following:
    A. A Driver's License or personal identification card issued by any 
state department of motor vehicles;
    B. United States active duty military credentials;
    C. Passport.
    Any seller, server, or person attempting to purchase Alcoholic 
Beverages who does not comply with the requirements of this section 
shall be in violation of this Ordinance and subject to penalties, as 
determined by the court with jurisdictional authority.
Section 6.9. General Penalties
    A. Any person or entity determined by the Tribal Council to be in 
violation of this Ordinance, including any unlawful regulation 
promulgated pursuant thereto, shall be subject to a civil penalty of 
not more than Five Hundred Dollars ($500.00) for each such violation, 
except as provided herein. The Tribal Council may adopt by resolution a 
separate written schedule for fines for each type of violation, taking 
into account the seriousness and threat the violation may pose to the 
general public health and welfare. Such schedule may also provide, in 
the case of repeated violations, for imposition of monetary penalties 
greater than Five Hundred Dollars ($500.00) per violation limitation 
set forth above. The civil penalties provided herein shall be in 
addition to any criminal penalties that may be imposed under any other 
Tribal, Federal, or State laws.
    B. Any person or entity determined by the Tribal Council to be in 
violation of this Ordinance, including any lawful regulation 
promulgated pursuant thereto, may be subject to ejection or exclusion 
from Tribal land or any Tribal facility.
Section 6.10. Initiation of Action
    Any violation of this Ordinance shall constitute a public nuisance. 
The Tribal Council may initiate and maintain in a court with 
jurisdictional authority, an action to abate and permanently enjoin any 
nuisance declared under this Ordinance. Any action taken under the 
section shall be in addition to any other civil penalties provided for 
in this Ordinance.
Section 6.11. Contraband; Seizure; Forfeiture
    All Alcoholic Beverages held, owned, or possessed within Tribal 
lands by any person, entity, or Licensee operating in violation of this 
Ordinance are hereby declared to be contraband and subject to seizure 
and forfeiture to the Tribe.
    A. Seizure of contraband as defined in this Ordinance shall be done 
by the Tribal Council, with the assistance of law enforcement upon 
request; and all such contraband seized shall be inventoried and 
maintained by the Tribal Council, the governing body of the tribe that 
will serve as an Administrative Court for these proceedings, pending a 
final order of the Tribal Council. The owner of the contraband seized 
may alternatively request that the contraband seized be sold and the 
proceeds received there from be maintained by law enforcement pending a 
final order of the Tribal Council. The proceeds from such a sale are 
subject to forfeiture in lieu of the seized contraband.
    B. Within ten (10) days following the seizure of such contraband, a 
hearing shall be held by the Tribal Council, at which time the operator 
or owner of the contraband shall be given an opportunity to present 
evidence in defense of his or her activities.
    C. Notice of the hearing of at least ten (10) days shall be given 
to the person from whom the property was seized and the owner, if 
known. If the owner is unknown, notice of the hearing shall be posted 
at the place where the contraband was seized and at the other public 
places on Tribal lands. The notice shall describe the property seized, 
and the time, place, and cause of the seizure, and list the name and 
place of residence, if known, of the person from whom the property was 
seized. If upon the hearing, the evidence warrants, or, if no person 
appears as a claimant, the Tribal Council shall thereupon enter a 
judgment of forfeiture, and all such contraband shall become the 
property of the Craig Tribal Association. If upon the hearing the 
evidence does not warrant forfeiture, the seized property shall be 
immediately returned to the owner. The judgment of the Tribal Council 
shall be final and non[middot]appealable.

Article VII. Nuisances

Section 7.1. Nuisance
    Under a determination by the Tribal Council that any such place or 
activity is a nuisance under any provision of this Ordinance, the 
Tribal Council may impose injunctive relief which may include a closure 
of any business or other use of the property for up to one (1) year 
from the date of the such injunctive relief.

Arcticle VIII. Revenue and Reporting

Section 8.1. Use and Appropriation of Revenue Received
    All fees, taxes, payments, fines, costs, assessment, and any other 
revenues collected by the Craig Tribal Association under this 
Ordinance, from whatever sources, shall be expended first for the 
administrative costs incurred in the administration and enforcement of 
this Ordinance. Any excess funds shall be subject to and available for 
appropriation by the Tribal Council to the Tribe for essential 
governmental services.
Section 8.2. Audit
    The Craig Tribal Association and its handling of all funds 
collected under this Ordinance is subject to review and Audit as part 
of the annual financial audit of the Tribe.
Section 8.3. Reports
    Reports shall be submitted to the Tribal Council consisting of: 
quarterly reports and an accounting of all fees, taxes, payments, 
fines, costs, assessments, and all other revenues collected and 
expended pursuant to this Ordinance.

Article IX. Miscellaneous

Section 9.1. Severability
    If any provision or application of this Ordinance is found invalid 
and or unenforceable by a court of competent jurisdiction, such 
determination shall not be held to render ineffectual any of the 
remaining provisions or applications of this Ordinance not specifically 
identified thereby, or to render such provisions to be inapplicable to 
other persons or circumstances.
Section 9.2. Construction
    Nothing in this Ordinance shall be construed to diminish or impair 
in any way the rights or sovereign powers of the Craig Tribal 
Association.
Section 9.3. Effective Date
    This Ordinance shall be effective after the Secretary of the 
Interior certifies the Ordinance and on the date it is published in the 
Federal Register.
Section 9.4. Prior Law Repealed
    Any and all prior enactments of the Craig Tribal Association that 
are inconsistent with the provisions of this Ordinance are hereby 
rescinded.

[[Page 45966]]

Section 9.5. Amendment
    Amendments must be approved and published in the Federal Register. 
The effective date of an amendment is 30 days after publication.
Section 9.6. Sovereign Immunity
    The Sovereign Immunity of the Craig Tribal Association shall not be 
waived by this Ordinance.

[FR Doc. 2018-19731 Filed 9-10-18; 8:45 am]
 BILLING CODE 4337-15-P