Shawnee Tribe Liquor and Beer Act, 48634-48638 [2019-20116]

Download as PDF 48634 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices Estimated number of annual respondents Activity/requirement Import/Export License Report/Recordkeeping (50 CFR 13 and 14): Private Sector ........................................................................................... FWS Form 3–200–3a, ‘‘Federal Fish and Wildlife Permit Application Form: Import/Export License—U.S. Entities’’ (50 CFR 13 and 14): Private Sector ........................................................................................... FWS Form 3–200–3b, ‘‘Federal Fish and Wildlife Permit Application Form: Import/Export License—Foreign Entities’’ (50 CFR 13 and 14): Private Sector ........................................................................................... FWS Forms 3–200–44, ‘‘Permit Application Form: Registration of an Agent/ Tannery under the Marine Mammal Protection Act (MMPA)’’: Private Sector ........................................................................................... FWS Form 3–200–44a, ‘‘Registered Agent/Tannery Bi-Annual Inventory Report’’: Private Sector ........................................................................................... Total: .................................................................................................. Estimated number of annual responses Completion time per response (hours) Estimated total annual burden hours * 10 10 1 10 10,197 10,197 1.25 12,746 380 380 1.25 475 5 5 .3 2 20 40 1 40 11,929 11,949 ........................ 14,918 * Rounded. An agency may not conduct or sponsor and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Dated: September 10, 2019. Madonna Baucum, Information Collection Clearance Officer, U.S. Fish and Wildlife Service. [FR Doc. 2019–19911 Filed 9–13–19; 8:45 am] BILLING CODE 4333–15–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [190 A2100DD/AAKC001030/ A0A501010.999900] Shawnee Tribe Liquor and Beer Act Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the liquor control act of the Shawnee Tribe. The Shawnee Tribe Liquor and Beer Act (Act) regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of Oklahoma for the purpose of generating new Tribal revenues. Enactment of this Act will help provide a source of revenue to strengthen Tribal government, provide for the economic viability of Tribal enterprises, and improve delivery of Tribal government services. DATES: This Act takes effect on September 16, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Diane Jobe, Tribal Government Services jspears on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 Officer, Eastern Oklahoma Regional Office, Bureau of Indian Affairs, 3100 West Peak Boulevard, Muskogee, Oklahoma 74402, Telephone: (918) 781– 4685, Fax: (918) 781–4649. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 83–277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor ordinances for the purpose of regulating liquor transactions in Indian country. The Shawnee Tribe Business Council duly adopted the Shawnee Tribe Liquor and Beer Act on August 9, 2019. 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 Shawnee Tribe Business Council duly adopted by Resolution the Shawnee Tribe Liquor and Beer Act by Resolution No. R–08–09–19–B dated August 9, 2019. Dated: September 9, 2019. Tara Sweeney, Assistant Secretary—Indian Affairs. SECTION ONE. ENACTMENT. This shall be codified in the Shawnee Tribe Tax Code. Section 7–101. Findings. The Business Council finds that: A. It is the policy of the Tribe to raise revenues through the collection of taxes for the sale and distribution of liquor and beer products within Shawnee Indian Country. B. The Tribe has a duty to provide for the health, safety, and welfare of its citizens. C. As part of the Tribe’s responsibility to its citizens, the Tribe must regulate PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 and control the distribution, sale, and possession of alcoholic beverages on tribal lands located within Shawnee Indian Country. D. Except as otherwise required by other applicable laws of the Shawnee Tribe or by any applicable Federal and State law, the provisions and requirements of this Chapter and any rules, regulations and licenses authorized hereunder shall apply to the sale and distribution of liquor and beer products on properties under the jurisdiction of the Tribe. Section 7–102. Purpose. The purpose of this Act is to regulate the sale and distribution of liquor and beer products on properties under the jurisdiction of the Shawnee Tribe and to generate an additional revenue base. Section 7–103. Short Title and Codification. This Act shall be known and may be cited as the Shawnee Tribe Liquor and Beer Act and shall be codified as Chapter Seven of ‘‘Revenue and Taxation,’’ of the Shawnee Tribe. Section 7–104. Authority. This Act is enacted pursuant to Articles IV, VI and VII, of the Constitution of the Shawnee Tribe and the Congressional Act of August 15, 1953 (Pub. L. 83–277, 67 Stat. 586, 18 U.S.C. 1161). Section 7–105. Definitions. For purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, except where the context otherwise requires: A. ‘‘Alcohol’’ means a substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is produced by the fermentation or distillation of grain, starch, molasses, sugar, or other substances including all dilutions and mixtures of this substance. E:\FR\FM\16SEN1.SGM 16SEN1 jspears on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices B. ‘‘Beer’’ means any beverage of alcohol by volume and obtained by the alcoholic fermentation of an infusion or decoction of barley, or other grain, malt or similar products. ‘‘Beer’’ may or may not contain hops or other vegetable products. ‘‘Beer’’ includes, among other things, beer, ale, stout, lager beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice wine. C. ‘‘Beer Outlet’’ means retail sale business licensed by the Shawnee Tribe selling beer within the Shawnee Indian Country, including all related and associated facilities under the control of the Operator. Moreover, where an Operator’s business is carried on as part of the operation of an entertainment or recreational facility, the ‘‘Beer Outlet’’ shall be deemed to include the entertainment or recreational facility and its associated areas. D. ‘‘Commission’’ means the Tax Commission of the Shawnee Tribe. E. ‘‘Liquor’’ means the four varieties of liquor commonly referred to as alcohol, spirits, wine and beer, and all fermented, spirituous, vinous or malt liquors or any other intoxicating liquid, solid, semi-solid or other substance patented or not, containing alcohol, spirits, wine or beer, and is intended for oral consumption. F. ‘‘Liquor Outlet’’ means retail sale business licensed by the Shawnee Tribe selling liquor within the Shawnee Indian Country, including all related and associated facilities under the control of the Operator. Moreover, where an Operator’s business is carried on as part of the operation of an entertainment or recreational facility, the ‘‘Liquor Outlet’’ shall be deemed to include the entertainment or recreational facility and its associated areas. G. ‘‘Tribe’’ means the Shawnee Tribe as established under the Constitution of the Shawnee Tribe, and any agency, corporation, partnerships, component, or subdivisions of the Shawnee Tribe. H. ‘‘Business Council’’ means the Shawnee Tribe Business Council as constituted by Article IV of the Constitution of the Shawnee Tribe. I. ‘‘Operator’’ means a person twentyone (21) years of age or older who is properly licensed by the Commission to operate a Liquor and/or Beer Outlet. J. ‘‘Person’’ shall have the meaning defined in Chapter One, Section 1–03 of this Title. K. ‘‘Sale’’ means any transfer, exchange, or barter, in any manner or by any means whatsoever, for a consideration and includes and means all sales made by any person, whether as principal, proprietor or as an agent, VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 servant, or employee, association, partnership, or corporation of liquor or beer products. L. ‘‘Wholesaler’’ means and includes any person doing any such acts or carrying on any such business or businesses that would require such person to obtain a Wholesaler’s License or Licenses hereunder. M. ‘‘Wholesale price’’ means the established price for which liquor or beer are sold to the Shawnee Tribe or any Operator by the manufacturer or distributor or other reduction. Section 7–106. Severability. In the event that any provision or provisions of this Act are determined by a court of competent jurisdiction to be invalid for any reason, the remaining provisions of the Act shall be deemed severable from the provision or provisions determined to be invalid and shall remain in full force and effect as though the invalid provisions had never been part of the Act. Subchapter 2. Prohibition and Conformity With the Laws of the State of Oklahoma Section 7–201. General Prohibition. It shall be unlawful to buy, sell, give away, consume, furnish, or possess any liquor or beer product containing alcohol for ingestion by human beings or to appear or be found in a place where liquor or beer products are sold and/or consumed, except as allowed for under this Act and the regulations promulgated hereunder. Section 7–202. Possession for Personal Use. Possession of liquor or beer products for personal use by persons over the age of twenty-one (21) years shall, unless otherwise prohibited by Federal, State or Shawnee Tribe Law or Regulation, be lawful within the Shawnee Indian Country, so long as said liquor or beer product was lawfully purchased from an establishment duly licensed to sell said beverages, whether on or off the Shawnee Indian Country and consumed within a private residence or at a location or facility licensed for the public consumption of liquor or beer. Section 7–203. Conformity with the Laws of the State of Oklahoma. Federal law prohibits the introduction, possession and sale of liquor in Indian Country (18 U.S.C. 1154 and other statutes), except when the same is in conformity both with laws of the State of Oklahoma and the Tribe (18 U.S.C. 1161). As such, compliance with this Act shall be in addition to and not a substitute for compliance with the laws of the State of Oklahoma. Operators acting pursuant to this Act shall comply with the State of Oklahoma’s liquor and PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 48635 beer laws to the extent required by 18 U.S.C. 1161. However, the Tribe shall have the fullest jurisdiction allowed under the Federal laws over the sale of liquor and beer products, and related products or activities within Shawnee Indian Country. Subchapter 3. Licensing Section 7–301. Licensing of Liquor and Beer Outlets. The Commission is empowered to do the following duties: A. Administer this Act by exercising general control, management and supervision of all liquor and beer sales, places of sales and sale outlets, as well as exercising all powers necessary to accomplish the purposes of this Act; and, B. Adopt and enforce rules and regulations in furtherance of the purposes of this Act and in the performance of its administrative functions. Section 7–302. Business Council Approval of Liquor and/or Beer Outlet Locations. A. Business Council Approval of Location. The Business Council shall approve all Liquor and/or Beer Outlet locations on Shawnee Indian Country by way of Tribal Resolution prior to the Commission issuing Licenses to said outlet locations. B. Business Council Location Review. The Business Council may refuse to approve a Liquor and/or Beer Outlet location on the Shawnee Indian Country, pursuant to Section 7–302 of this Act, if the Business Council has reasonable cause to believe that: 1. The proximity of the Liquor and/or Beer Outlet has a detrimental effect upon a religious, cultural, social or governmental institution established or recognized by the Shawnee Tribe; or 2. The Liquor and/or Beer Outlet is within 100 feet of a residential area; or 3. The Business Council determines it is not in the best interest of the Tribe’s health, safety or welfare; or 4. There is any other reason as provided for and by Shawnee Tribe law, custom or regulation. Section 7–303. Application for Liquor and/or Beer Outlet Licenses. A. Application. Any person twentyone (21) years of age or older may apply to the Commission for a Liquor and/or Beer Outlet License. B. Licensing Requirements. The person applying for said License must make a showing once a year and must satisfy the Commission that: 1. He/she is a person of good moral character; 2. He/she has never been convicted of violating any laws prohibiting the traffic in any spirituous, vinous, fermented or E:\FR\FM\16SEN1.SGM 16SEN1 jspears on DSK3GMQ082PROD with NOTICES 48636 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices malt liquors, or of the gaming laws of the Tribe, State of Oklahoma, any other Tribe or any State of the United States; 3. He/she has never violated the laws commonly called the ‘‘Prohibition laws,’’ as defined hereunder or under any subsequent regulations; and, 4. He/she has not had any permit or License to sell alcohol, beer or liquor as provided for in § 7–105 hereof revoked by any governmental authority within the previous one (1) year. C. Processing Application. The Commission shall receive and process applications and be the official representative of the Tribe in all matters related to the receipt of applications, liquor and beer excise tax collections and any other related matters. If the Commission or its authorized representative is satisfied that the applicant is suitable and a responsible person, the Commission or his/her authorized representative may issue a License for the sale of liquor and/or beer products. D. Application Fee. Each application shall be accompanied by an application fee to be set by regulations of the Commission. E. Discretionary Licensing. Nothing herein shall be deemed to create a duty or requirement to issue a License. Issuance of a License is discretionary based upon the Commission’s determination of the best interests of the Tribe. A License is a privilege, and not a property right, to sell liquor and/or beer products within the jurisdiction of the Shawnee Tribe at licensed locations, but not operate to confer on, vest in, or license any title, interest or estate in Shawnee Tribe real property. F. Temporary or Emergency Licensing. An applicant for a Liquor and/or Beer Outlet License may apply for a ninety (90) day temporary or emergency License upon showing of good cause for such issuance pending determination upon the regular License application. Such applicant must show they have a valid similar license from another licensing jurisdiction and meet such other written conditions of the Commission as to ensure the health and safety of the public. Section 7–304. Liquor and/or Beer Outlet Licenses. Upon approval of an application, the Commission shall issue the applicant a liquor and/or beer License (‘‘License’’) which shall be valid for one (1) year from the date of issuance. The License shall entitle the Operator to establish and maintain only the type of outlet permitted on the License. This License shall not be transferable. The Operator must properly and publicly display the License in its place of business. The VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 License shall be renewable at the discretion of the Commission; provided that the Operator submits an application form and application fee as provided for in Section 7–303. D. of this Act. Provided, a temporary or emergency License shall be valid for not more than ninety (90) days and may not be extended. Section 7–305. Other Business by Operator. An Operator may conduct another business simultaneously with managing a Liquor and/or Beer Outlet; provided if such other business is in any manner affiliated or related to the Liquor and/or Beer Outlet and is not regulated by another entity of the Tribe it must be approved by the Commission prior to the initiation. Said other business may be conducted on same premise as a Liquor and/or Beer Outlet, but the Operator shall be required to maintain separate account books for the other business. Section 7–306. Revocation of Operator’s License. A. Failure of an Operator to abide by the requirements of this Act and any additional regulations or requirements imposed by the Commission shall constitute grounds for revocation of the Operator’s License as well as enforcement of the penalties provided for in Section 7–701 of this Act. B. Upon determining that any person licensed by the Tribe to sell liquor and/ or beer is for any reason no longer qualified to hold such License or reasonably appears to have violated any terms of this License or Shawnee Tribe regulations, including failure to pay taxes when due and owing, or have been found by any forum of competent jurisdiction, including the Commission, to have violated the terms of the Tribe’s or the State of Oklahoma’s license or of any provision of this Act, the Commission shall immediately serve written notice upon the Operator that he/she must show cause within ten (10) calendar days as to why his/her License should not be revoked or restricted. The notice shall state the grounds relied upon for the proposed revocation or restriction. Provided, the Commission may immediately, without notice, temporarily revoke or restrict a License if the Commission reasonably believes the public health, safety or welfare is threatened. C. If the Operator fails to respond to the notice within ten (10) calendar days of service, the Commission may issue an Order revoking the License as the Commission deems appropriate, effective immediately. The Operator may within the ten (10) calendar day period file with the Commission a PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 written response and request for hearing before the Commission. D. At the hearing, the Operator may present evidence and argument directed at the issue of whether or not the asserted grounds for the proposed revocation or restriction are in fact true, and whether such grounds justify the revocation or modifications of the License. The Tribe may present evidence as it deems appropriate. E. The Commission, after considering all of the evidence and arguments, shall issue a written decision either upholding the License, revoking the License or imposing some lesser penalty (such as temporary suspension or fine), and such decision shall be final and conclusive with regard to the Commission. The Commission’s fine may be in an amount not to exceed FiveThousand Dollars ($5,000) per incident and/or violation. Provided, each day of continuing violation after notice to cease by the Commission may be considered a separate violation. F. The Commission’s final decision may be appealed by the Operator to the Shawnee Tribal Court, or appropriate CFR Court, upon posting a bond with the Court Clerk in the amount of the Commission’s final hearing assessment or ruling, in compliance with such rules and procedure as generally applicable to court proceedings. Provided, any findings of fact of the Commission are conclusive upon the Court unless clearly contrary to law. The purposes of the Court review are not to substitute the Court’s finding of facts or opinion for the Commission’s, but to guarantee due process of law. If the Court should rule for the appealing party, the Court may sustain, reverse or order a new hearing giving such guidance for the conduct of such as it deems necessary for a fair hearing. No damages or monies may be awarded against the Commission, the Commission or its staff, nor the Tribe, and its agents, officers and employees in such an action. Section 7–307. Discretionary Review. The Commission may refuse to grant a License for the sale of liquor and/or beer products, if the Commission has reasonable cause to believe that the License required by this Act has been obtained by fraud or misrepresentation. The Commission upon proof that said License was so obtained shall upon hearing revoke the same, and all funds paid therefore shall be forfeited. Subchapter 4. Liquor and Beer Sales and Transportation Section 7–401. Sales by Liquor and Beer Wholesalers and Transport of E:\FR\FM\16SEN1.SGM 16SEN1 jspears on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices Liquor and Beer Upon Shawnee Indian Country. A. Right of Commission to Scrutinize Suppliers. The Operator of any licensed outlet shall keep the Commission informed, in writing, of the identity of the suppliers and/or Wholesalers who supply or are expected to supply liquor and/or beer products to the outlet(s). The Commission may, at its discretion, limit or prohibit the purchase of said products from a supplier or Wholesaler for the following reasons: Non-payment of Shawnee Tribe taxes, bad business practices, or sale of unhealthy supplies. A ten (10) calendar day notice of stopping purchases (‘‘Stop Purchase Order’’) shall be given by the Commission whenever purchases from a supplier or Wholesaler are to be discontinued unless there is a health emergency, in which case the Stop Purchase Order may take effect immediately. B. Freedom of Information from Suppliers/Wholesalers. Operators shall in their purchase of stock and in their business relations with suppliers and Wholesalers cooperate with and assist in the free flow of information and data to the Commission from suppliers and Wholesalers relating to the sales and business arrangements between suppliers and Operators. The Commission may, at his/her discretion, require the receipts from the suppliers of all invoices, bills of lading, billings or documentary receipts of sales to the Operators. All records shall be kept according to Section 7–402. G. of this Act. Section 7–402. Sales by Retail Operators; Wholesalers/Operators Records. A. Commission Regulations. The Commission shall adopt regulations that shall supplement this Act and facilitate their enforcement. These regulations shall include prohibitions on sales to minors, where liquor and/or beer may be consumed, persons not allowed to purchase liquor and/or beer, hours and days when outlets may be open for business and any other appropriate matters and controls. B. Sales to Minors. No person shall give, sell or otherwise supply any liquor and/or beer to any person under the age of twenty-one (21) years of age either for his or her own use or for the use of any other person. C. Consumption of Liquor and/or Beer upon Licensed Premises. No Operator shall permit any person to open or consume liquor and/or beer on his/her premises and in his/her control unless the Commission allows the consumption of liquor and/or beer and identifies where liquor and/or beer may VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 be consumed on Shawnee Indian Country. D. Conduct on Licensed Premises. 1. No Operator shall be disorderly, boisterous or intoxicated on the licensed premises or any public premises adjacent thereto which are under his/ her control, nor shall he/she permit disorderly, boisterous or intoxicated person to be thereon; nor shall he/she use or allow the use of profane or vulgar language thereon. 2. No Operator shall permit suggestive, lewd or obscene conduct or acts on his/her premises. For the purpose of this Section, suggestive, lewd or obscene conduct or acts shall be those conduct or acts identified as such by Federal, State of Oklahoma and/or the laws of the Tribe. E. Employment of Minors. No person under the age of twenty-one (21) years of age shall be employed in any service in connection with the sale or handling of liquor or beer, either on a paid or voluntary basis. F. Operator’s Premises Open to Commission Inspection. The premises of all Operators, including vehicles used in connection with liquor and/or beer sales, shall be open during business hours and at all reasonable times to inspection by the Commission. G. Wholesaler’s/Operator’s Records. The originals or copies of all sales slips, invoices and other memoranda covering all purchases of liquor and/or beer by the Operator or Wholesaler shall be kept on file in the retail premises of the Operator or Wholesaler purchasing the sales at least five (5) years after each purchase and shall be filed separately and kept apart from all other records, and as nearly as possible, shall be filed in consecutive order and each month’s records kept separate so as to render the same readily available for inspection and checking. All cancelled checks, bank statements, and books of accounting, covering and involving the purchase of liquor and/or beer and all memoranda, if any, showing payment of money for liquor and/or beer other than by check shall be likewise preserved for availability for inspection and checking. H. Records Confidential. All records of the Commission showing the purchase of liquor and/or beer by any individual or group shall be confidential and shall not be inspected except by the Commission or the Commission’s representative, or the Tribe’s Attorney or Attorney General, or upon order of the Shawnee Tribal Court, or appropriate CFR Court. Section 7–403. Transportation Through Shawnee Indian Country Not Affected. Nothing herein shall pertain to the otherwise lawful transportation of PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 48637 liquor and/or beer through the Shawnee Indian Country by persons remaining upon public roads and highways and where such beverages are not delivered, sold or offered for sale to anyone within the Shawnee Indian Country. Subchapter 5. Taxation and Audits Section 7–501. Excise Tax Imposed Upon Distribution of Liquor and/or Beer and Use of Such Tax. A. General Taxation Authority. The Commission shall have the authority to assess and collect tax on the sale of liquor and/or beer products to the purchaser or consumer. This tax shall be collected and paid to the Commission upon all liquor and/or beer products sold within the jurisdiction of the Tribe. The Business Council shall establish such a rate by resolution and may establish differing rates for any given class of merchandise, which shall be paid prior to the time of retail sale and delivery thereof. B. Added to Retail Price. An excise tax to be set by the Business Council on the wholesale price shall be added to the retail selling price of liquor and/or beer products to be sold to the ultimate consumer or purchaser. All taxes paid pursuant to this Act shall be conclusively presumed to be direct taxes on the retail consumer precollected for the purpose of convenience and facility. C. Tax Stamp. Within seventy-two (72) hours after receipt of any liquor and/or beer products by any Wholesaler or retailer subject to this Act, a Shawnee Tribe tax stamp shall be securely affixed thereto denoting the Shawnee Tribe tax thereon. Retailers or sellers of liquor and/or beer products within the Tribe’s jurisdiction may buy and sell or have in their possession only liquor and/or beer products which have the Shawnee Tribe tax stamp affixed to each package. D. Use of Tax Revenue. The excise tax imposed and levied hereunder shall be earmarked for expenditures as specified in Chapter One of this Title. Section 7–502. Audits and Inspections. A. Inspections. All of the books and other business records of the Liquor and/or Beer Outlet shall be available for inspection and audit by the Commission or its authorized representative during normal business hours and at all other reasonable times, as may be requested by the Commission. B. Bond for Excise Tax. The excise tax together with reports on forms to be supplied by the Commission shall be remitted to the Commission on a monthly basis unless otherwise specified in writing by the Commission. The Operator shall furnish a satisfactory E:\FR\FM\16SEN1.SGM 16SEN1 48638 Federal Register / Vol. 84, No. 179 / Monday, September 16, 2019 / Notices bond to the Commission in an amount to be specified by the Commission guaranteeing his or her payment of excise taxes. jspears on DSK3GMQ082PROD with NOTICES Subchapter 6. Liability, Insurance and Sovereign Immunity Section 7–601. Liability for Bills. The Shawnee Tribe and the Commission shall have no legal responsibility for any unpaid bills owed by a Liquor and/or Beer Outlet to a Wholesaler, supplier, or any other person. Section 7–602. Shawnee Tribe Liability and Credit. A. Liability. Unless explicitly authorized by Shawnee Tribe statute or regulation, Operators are forbidden to represent or give the impression to any supplier or person with whom he or she does business that he or she is an official representative of the Tribe, Commissioner or the Commission authorized to pledge Shawnee Tribe credit or financial responsibility for any of the expenses of his or her business operation. The Operator shall hold the Tribe harmless from all claims and liability of whatever nature. The Commission shall revoke an Operator’s outlet License(s) if said outlet(s) is not operated in a businesslike manner or if it does not remain financially solvent or does not pay its operating expenses and bills before they become delinquent. B. Insurance. The Operator shall maintain at his or her own expense adequate insurance covering liability, fire, theft, vandalism and other insurable risks. The Commission may establish as a condition of any License, the required insurance limits and any additional coverage deemed advisable, proof of which shall be filed with the Commission. Section 7–603. Sovereign Immunity. Nothing in this Act shall be construed as a waiver or a limitation of the sovereign immunity of the Shawnee Tribe or its agencies, nor their officers or employees. To the fullest extent possible, the Shawnee Tribe expressly retains its sovereign immunity for the purposes of enactment of this Act. Subchapter 7. Enforcement Section 7–701. Violations and Penalties. Any person who violates this Act or elicits, encourages, directs, or causes to be violated this Act, or Acts in support of this Act, or regulations of the Commission shall be guilty of an offense and subject to fine. Failure to have a current, valid or proper License shall not constitute a defense to an alleged violation of the licensing laws and/or regulations. A. Criminal Penalties. Any Indian person convicted of committing any VerDate Sep<11>2014 18:14 Sep 13, 2019 Jkt 247001 violation of this Act shall be subject to punishment of up to one (1) year imprisonment and/or a fine not to exceed Five Thousand Dollars ($5,000). The judicial system of the Shawnee Tribe shall have jurisdiction over said proceeding(s). B. Civil Liability. Additionally, any person upon committing any violation of any provision of this Act may be subject to civil action for trespass and upon having been determined by the Shawnee Tribal Court, or appropriate CFR Court, to have committed said violation, shall be found to have trespassed upon the lands of the Tribe and shall be assessed such damages as the Court deems appropriate in the circumstances. The Court also has jurisdiction to enforce any fine, penalty, suspension, revocation or other enforcement action of the Commission. Any Commission action that was not timely appealed is conclusively deemed valid. C. Any person suspected or having violated any provision of this Act shall, in addition to any other penalty imposed hereunder, be required to surrender any liquor and/or beer products in the person’s possession to the officer making the complaint. The surrendered beverages, if previously unopened, shall only be returned upon a finding by the Shawnee Tribal Court, or appropriate CFR Court, after trial or proper judicial proceeding, that the individual committed no violation of this Act. D. Any Operator who violates the provisions set forth herein shall forfeit all of the remaining stock in the outlet(s). The Commission shall be empowered to seize forfeited products. E. Any stock, goods or other items subject to this Act that have not been registered, licensed or taxes paid shall be contraband and subject to immediate confiscation by the Commission or his/ her employees or agents; provided that within fifteen (15) calendar days of the seizure the Commission shall cause to be filed an action against such property alleging the reason for the seizure or confiscation and upon proof, the Shawnee Tribal Court, or appropriate CFR Court, shall order the property forfeited and vested with the Tribe. SECTION TWO. EFFECTIVE DATE. This Act shall become effective on the date upon which, after having been certified by the Secretary of the Interior, it is published in the Federal Register. [FR Doc. 2019–20116 Filed 9–12–19; 4:15 pm] BILLING CODE 4337–15–P PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLOR93000 L61400000.HN0000 LXLAH9990000 19X] Renewal of Approved Information Collection; OMB Control No. 1004– 0168 Bureau of Land Management, Interior. ACTION: 60-Day notice and request for comments. AGENCY: In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) is proposing to renew an information collection with revisions. DATES: Please submit comments on the proposed information collection by November 15, 2019. ADDRESSES: Comments may be submitted by mail, fax, or electronic mail. Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW, Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240. Fax: Jean Sonneman at 202–245– 0050. Electronic mail: Jean_Sonneman@ blm.gov. Please indicate ‘‘Attn: 1004–0168’’ regardless of the form of your comments. SUMMARY: FOR FURTHER INFORMATION CONTACT: Dustin Wharton at 541–471–6659. Persons who use a telecommunication device for the deaf may call the Federal Relay Service at 1–800–877–8339, to leave a message for Mr. Wharton. SUPPLEMENTARY INFORMATION: OMB regulations at 5 CFR part 1320, which implement provisions of the PRA (44 U.S.C. 3501–3521), require that interested members of the public and affected agencies be given an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d) and 1320.12(a)). This notice identifies an information collection that the BLM plans to submit to OMB for approval. The PRA provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. The BLM will request a 3-year term of approval for this information collection activity. Comments are invited on: (1) The need for the collection of information for the performance of the functions of the agency; (2) the accuracy of the agency’s burden estimates; (3) E:\FR\FM\16SEN1.SGM 16SEN1

Agencies

[Federal Register Volume 84, Number 179 (Monday, September 16, 2019)]
[Notices]
[Pages 48634-48638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20116]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190 A2100DD/AAKC001030/A0A501010.999900]


Shawnee Tribe Liquor and Beer Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the liquor control act of the Shawnee 
Tribe. The Shawnee Tribe Liquor and Beer Act (Act) regulates and 
controls the possession, sale, manufacture, and distribution of alcohol 
in conformity with the laws of the State of Oklahoma for the purpose of 
generating new Tribal revenues. Enactment of this Act will help provide 
a source of revenue to strengthen Tribal government, provide for the 
economic viability of Tribal enterprises, and improve delivery of 
Tribal government services.

DATES: This Act takes effect on September 16, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Diane Jobe, Tribal Government 
Services Officer, Eastern Oklahoma Regional Office, Bureau of Indian 
Affairs, 3100 West Peak Boulevard, Muskogee, Oklahoma 74402, Telephone: 
(918) 781-4685, Fax: (918) 781-4649.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Shawnee Tribe Business Council duly 
adopted the Shawnee Tribe Liquor and Beer Act on August 9, 2019.
    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 Shawnee Tribe Business Council duly adopted 
by Resolution the Shawnee Tribe Liquor and Beer Act by Resolution No. 
R-08-09-19-B dated August 9, 2019.

    Dated: September 9, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

    SECTION ONE. ENACTMENT. This shall be codified in the Shawnee Tribe 
Tax Code.
    Section 7-101. Findings. The Business Council finds that:
    A. It is the policy of the Tribe to raise revenues through the 
collection of taxes for the sale and distribution of liquor and beer 
products within Shawnee Indian Country.
    B. The Tribe has a duty to provide for the health, safety, and 
welfare of its citizens.
    C. As part of the Tribe's responsibility to its citizens, the Tribe 
must regulate and control the distribution, sale, and possession of 
alcoholic beverages on tribal lands located within Shawnee Indian 
Country.
    D. Except as otherwise required by other applicable laws of the 
Shawnee Tribe or by any applicable Federal and State law, the 
provisions and requirements of this Chapter and any rules, regulations 
and licenses authorized hereunder shall apply to the sale and 
distribution of liquor and beer products on properties under the 
jurisdiction of the Tribe.
    Section 7-102. Purpose. The purpose of this Act is to regulate the 
sale and distribution of liquor and beer products on properties under 
the jurisdiction of the Shawnee Tribe and to generate an additional 
revenue base.
    Section 7-103. Short Title and Codification. This Act shall be 
known and may be cited as the Shawnee Tribe Liquor and Beer Act and 
shall be codified as Chapter Seven of ``Revenue and Taxation,'' of the 
Shawnee Tribe.
    Section 7-104. Authority. This Act is enacted pursuant to Articles 
IV, VI and VII, of the Constitution of the Shawnee Tribe and the 
Congressional Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 
U.S.C. 1161).
    Section 7-105. Definitions. For purposes of this Chapter, the 
following words and phrases shall have the meanings respectively 
ascribed to them in this Section, except where the context otherwise 
requires:
    A. ``Alcohol'' means a substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine, which is produced by the 
fermentation or distillation of grain, starch, molasses, sugar, or 
other substances including all dilutions and mixtures of this 
substance.

[[Page 48635]]

    B. ``Beer'' means any beverage of alcohol by volume and obtained by 
the alcoholic fermentation of an infusion or decoction of barley, or 
other grain, malt or similar products. ``Beer'' may or may not contain 
hops or other vegetable products. ``Beer'' includes, among other 
things, beer, ale, stout, lager beer, porter and other malt or brewed 
liquors, but does not include sake, known as Japanese rice wine.
    C. ``Beer Outlet'' means retail sale business licensed by the 
Shawnee Tribe selling beer within the Shawnee Indian Country, including 
all related and associated facilities under the control of the 
Operator. Moreover, where an Operator's business is carried on as part 
of the operation of an entertainment or recreational facility, the 
``Beer Outlet'' shall be deemed to include the entertainment or 
recreational facility and its associated areas.
    D. ``Commission'' means the Tax Commission of the Shawnee Tribe.
    E. ``Liquor'' means the four varieties of liquor commonly referred 
to as alcohol, spirits, wine and beer, and all fermented, spirituous, 
vinous or malt liquors or any other intoxicating liquid, solid, semi-
solid or other substance patented or not, containing alcohol, spirits, 
wine or beer, and is intended for oral consumption.
    F. ``Liquor Outlet'' means retail sale business licensed by the 
Shawnee Tribe selling liquor within the Shawnee Indian Country, 
including all related and associated facilities under the control of 
the Operator. Moreover, where an Operator's business is carried on as 
part of the operation of an entertainment or recreational facility, the 
``Liquor Outlet'' shall be deemed to include the entertainment or 
recreational facility and its associated areas.
    G. ``Tribe'' means the Shawnee Tribe as established under the 
Constitution of the Shawnee Tribe, and any agency, corporation, 
partnerships, component, or subdivisions of the Shawnee Tribe.
    H. ``Business Council'' means the Shawnee Tribe Business Council as 
constituted by Article IV of the Constitution of the Shawnee Tribe.
    I. ``Operator'' means a person twenty-one (21) years of age or 
older who is properly licensed by the Commission to operate a Liquor 
and/or Beer Outlet.
    J. ``Person'' shall have the meaning defined in Chapter One, 
Section 1-03 of this Title.
    K. ``Sale'' means any transfer, exchange, or barter, in any manner 
or by any means whatsoever, for a consideration and includes and means 
all sales made by any person, whether as principal, proprietor or as an 
agent, servant, or employee, association, partnership, or corporation 
of liquor or beer products.
    L. ``Wholesaler'' means and includes any person doing any such acts 
or carrying on any such business or businesses that would require such 
person to obtain a Wholesaler's License or Licenses hereunder.
    M. ``Wholesale price'' means the established price for which liquor 
or beer are sold to the Shawnee Tribe or any Operator by the 
manufacturer or distributor or other reduction.
    Section 7-106. Severability. In the event that any provision or 
provisions of this Act are determined by a court of competent 
jurisdiction to be invalid for any reason, the remaining provisions of 
the Act shall be deemed severable from the provision or provisions 
determined to be invalid and shall remain in full force and effect as 
though the invalid provisions had never been part of the Act.

Subchapter 2. Prohibition and Conformity With the Laws of the State of 
Oklahoma

    Section 7-201. General Prohibition. It shall be unlawful to buy, 
sell, give away, consume, furnish, or possess any liquor or beer 
product containing alcohol for ingestion by human beings or to appear 
or be found in a place where liquor or beer products are sold and/or 
consumed, except as allowed for under this Act and the regulations 
promulgated hereunder.
    Section 7-202. Possession for Personal Use. Possession of liquor or 
beer products for personal use by persons over the age of twenty-one 
(21) years shall, unless otherwise prohibited by Federal, State or 
Shawnee Tribe Law or Regulation, be lawful within the Shawnee Indian 
Country, so long as said liquor or beer product was lawfully purchased 
from an establishment duly licensed to sell said beverages, whether on 
or off the Shawnee Indian Country and consumed within a private 
residence or at a location or facility licensed for the public 
consumption of liquor or beer.
    Section 7-203. Conformity with the Laws of the State of Oklahoma. 
Federal law prohibits the introduction, possession and sale of liquor 
in Indian Country (18 U.S.C. 1154 and other statutes), except when the 
same is in conformity both with laws of the State of Oklahoma and the 
Tribe (18 U.S.C. 1161). As such, compliance with this Act shall be in 
addition to and not a substitute for compliance with the laws of the 
State of Oklahoma. Operators acting pursuant to this Act shall comply 
with the State of Oklahoma's liquor and beer laws to the extent 
required by 18 U.S.C. 1161. However, the Tribe shall have the fullest 
jurisdiction allowed under the Federal laws over the sale of liquor and 
beer products, and related products or activities within Shawnee Indian 
Country.

Subchapter 3. Licensing

    Section 7-301. Licensing of Liquor and Beer Outlets. The Commission 
is empowered to do the following duties:
    A. Administer this Act by exercising general control, management 
and supervision of all liquor and beer sales, places of sales and sale 
outlets, as well as exercising all powers necessary to accomplish the 
purposes of this Act; and,
    B. Adopt and enforce rules and regulations in furtherance of the 
purposes of this Act and in the performance of its administrative 
functions.
    Section 7-302. Business Council Approval of Liquor and/or Beer 
Outlet Locations.
    A. Business Council Approval of Location. The Business Council 
shall approve all Liquor and/or Beer Outlet locations on Shawnee Indian 
Country by way of Tribal Resolution prior to the Commission issuing 
Licenses to said outlet locations.
    B. Business Council Location Review. The Business Council may 
refuse to approve a Liquor and/or Beer Outlet location on the Shawnee 
Indian Country, pursuant to Section 7-302 of this Act, if the Business 
Council has reasonable cause to believe that:
    1. The proximity of the Liquor and/or Beer Outlet has a detrimental 
effect upon a religious, cultural, social or governmental institution 
established or recognized by the Shawnee Tribe; or
    2. The Liquor and/or Beer Outlet is within 100 feet of a 
residential area; or
    3. The Business Council determines it is not in the best interest 
of the Tribe's health, safety or welfare; or
    4. There is any other reason as provided for and by Shawnee Tribe 
law, custom or regulation.
    Section 7-303. Application for Liquor and/or Beer Outlet Licenses.
    A. Application. Any person twenty-one (21) years of age or older 
may apply to the Commission for a Liquor and/or Beer Outlet License.
    B. Licensing Requirements. The person applying for said License 
must make a showing once a year and must satisfy the Commission that:
    1. He/she is a person of good moral character;
    2. He/she has never been convicted of violating any laws 
prohibiting the traffic in any spirituous, vinous, fermented or

[[Page 48636]]

malt liquors, or of the gaming laws of the Tribe, State of Oklahoma, 
any other Tribe or any State of the United States;
    3. He/she has never violated the laws commonly called the 
``Prohibition laws,'' as defined hereunder or under any subsequent 
regulations; and,
    4. He/she has not had any permit or License to sell alcohol, beer 
or liquor as provided for in Sec.  7-105 hereof revoked by any 
governmental authority within the previous one (1) year.
    C. Processing Application. The Commission shall receive and process 
applications and be the official representative of the Tribe in all 
matters related to the receipt of applications, liquor and beer excise 
tax collections and any other related matters. If the Commission or its 
authorized representative is satisfied that the applicant is suitable 
and a responsible person, the Commission or his/her authorized 
representative may issue a License for the sale of liquor and/or beer 
products.
    D. Application Fee. Each application shall be accompanied by an 
application fee to be set by regulations of the Commission.
    E. Discretionary Licensing. Nothing herein shall be deemed to 
create a duty or requirement to issue a License. Issuance of a License 
is discretionary based upon the Commission's determination of the best 
interests of the Tribe. A License is a privilege, and not a property 
right, to sell liquor and/or beer products within the jurisdiction of 
the Shawnee Tribe at licensed locations, but not operate to confer on, 
vest in, or license any title, interest or estate in Shawnee Tribe real 
property.
    F. Temporary or Emergency Licensing. An applicant for a Liquor and/
or Beer Outlet License may apply for a ninety (90) day temporary or 
emergency License upon showing of good cause for such issuance pending 
determination upon the regular License application. Such applicant must 
show they have a valid similar license from another licensing 
jurisdiction and meet such other written conditions of the Commission 
as to ensure the health and safety of the public.
    Section 7-304. Liquor and/or Beer Outlet Licenses. Upon approval of 
an application, the Commission shall issue the applicant a liquor and/
or beer License (``License'') which shall be valid for one (1) year 
from the date of issuance. The License shall entitle the Operator to 
establish and maintain only the type of outlet permitted on the 
License. This License shall not be transferable. The Operator must 
properly and publicly display the License in its place of business. The 
License shall be renewable at the discretion of the Commission; 
provided that the Operator submits an application form and application 
fee as provided for in Section 7-303. D. of this Act. Provided, a 
temporary or emergency License shall be valid for not more than ninety 
(90) days and may not be extended.
    Section 7-305. Other Business by Operator. An Operator may conduct 
another business simultaneously with managing a Liquor and/or Beer 
Outlet; provided if such other business is in any manner affiliated or 
related to the Liquor and/or Beer Outlet and is not regulated by 
another entity of the Tribe it must be approved by the Commission prior 
to the initiation. Said other business may be conducted on same premise 
as a Liquor and/or Beer Outlet, but the Operator shall be required to 
maintain separate account books for the other business.
    Section 7-306. Revocation of Operator's License.
    A. Failure of an Operator to abide by the requirements of this Act 
and any additional regulations or requirements imposed by the 
Commission shall constitute grounds for revocation of the Operator's 
License as well as enforcement of the penalties provided for in Section 
7-701 of this Act.
    B. Upon determining that any person licensed by the Tribe to sell 
liquor and/or beer is for any reason no longer qualified to hold such 
License or reasonably appears to have violated any terms of this 
License or Shawnee Tribe regulations, including failure to pay taxes 
when due and owing, or have been found by any forum of competent 
jurisdiction, including the Commission, to have violated the terms of 
the Tribe's or the State of Oklahoma's license or of any provision of 
this Act, the Commission shall immediately serve written notice upon 
the Operator that he/she must show cause within ten (10) calendar days 
as to why his/her License should not be revoked or restricted. The 
notice shall state the grounds relied upon for the proposed revocation 
or restriction. Provided, the Commission may immediately, without 
notice, temporarily revoke or restrict a License if the Commission 
reasonably believes the public health, safety or welfare is threatened.
    C. If the Operator fails to respond to the notice within ten (10) 
calendar days of service, the Commission may issue an Order revoking 
the License as the Commission deems appropriate, effective immediately. 
The Operator may within the ten (10) calendar day period file with the 
Commission a written response and request for hearing before the 
Commission.
    D. At the hearing, the Operator may present evidence and argument 
directed at the issue of whether or not the asserted grounds for the 
proposed revocation or restriction are in fact true, and whether such 
grounds justify the revocation or modifications of the License. The 
Tribe may present evidence as it deems appropriate.
    E. The Commission, after considering all of the evidence and 
arguments, shall issue a written decision either upholding the License, 
revoking the License or imposing some lesser penalty (such as temporary 
suspension or fine), and such decision shall be final and conclusive 
with regard to the Commission. The Commission's fine may be in an 
amount not to exceed Five-Thousand Dollars ($5,000) per incident and/or 
violation. Provided, each day of continuing violation after notice to 
cease by the Commission may be considered a separate violation.
    F. The Commission's final decision may be appealed by the Operator 
to the Shawnee Tribal Court, or appropriate CFR Court, upon posting a 
bond with the Court Clerk in the amount of the Commission's final 
hearing assessment or ruling, in compliance with such rules and 
procedure as generally applicable to court proceedings. Provided, any 
findings of fact of the Commission are conclusive upon the Court unless 
clearly contrary to law. The purposes of the Court review are not to 
substitute the Court's finding of facts or opinion for the 
Commission's, but to guarantee due process of law. If the Court should 
rule for the appealing party, the Court may sustain, reverse or order a 
new hearing giving such guidance for the conduct of such as it deems 
necessary for a fair hearing. No damages or monies may be awarded 
against the Commission, the Commission or its staff, nor the Tribe, and 
its agents, officers and employees in such an action.
    Section 7-307. Discretionary Review. The Commission may refuse to 
grant a License for the sale of liquor and/or beer products, if the 
Commission has reasonable cause to believe that the License required by 
this Act has been obtained by fraud or misrepresentation. The 
Commission upon proof that said License was so obtained shall upon 
hearing revoke the same, and all funds paid therefore shall be 
forfeited.

Subchapter 4. Liquor and Beer Sales and Transportation

    Section 7-401. Sales by Liquor and Beer Wholesalers and Transport 
of

[[Page 48637]]

Liquor and Beer Upon Shawnee Indian Country.
    A. Right of Commission to Scrutinize Suppliers. The Operator of any 
licensed outlet shall keep the Commission informed, in writing, of the 
identity of the suppliers and/or Wholesalers who supply or are expected 
to supply liquor and/or beer products to the outlet(s). The Commission 
may, at its discretion, limit or prohibit the purchase of said products 
from a supplier or Wholesaler for the following reasons: Non-payment of 
Shawnee Tribe taxes, bad business practices, or sale of unhealthy 
supplies. A ten (10) calendar day notice of stopping purchases (``Stop 
Purchase Order'') shall be given by the Commission whenever purchases 
from a supplier or Wholesaler are to be discontinued unless there is a 
health emergency, in which case the Stop Purchase Order may take effect 
immediately.
    B. Freedom of Information from Suppliers/Wholesalers. Operators 
shall in their purchase of stock and in their business relations with 
suppliers and Wholesalers cooperate with and assist in the free flow of 
information and data to the Commission from suppliers and Wholesalers 
relating to the sales and business arrangements between suppliers and 
Operators. The Commission may, at his/her discretion, require the 
receipts from the suppliers of all invoices, bills of lading, billings 
or documentary receipts of sales to the Operators. All records shall be 
kept according to Section 7-402. G. of this Act.
    Section 7-402. Sales by Retail Operators; Wholesalers/Operators 
Records.
    A. Commission Regulations. The Commission shall adopt regulations 
that shall supplement this Act and facilitate their enforcement. These 
regulations shall include prohibitions on sales to minors, where liquor 
and/or beer may be consumed, persons not allowed to purchase liquor 
and/or beer, hours and days when outlets may be open for business and 
any other appropriate matters and controls.
    B. Sales to Minors. No person shall give, sell or otherwise supply 
any liquor and/or beer to any person under the age of twenty-one (21) 
years of age either for his or her own use or for the use of any other 
person.
    C. Consumption of Liquor and/or Beer upon Licensed Premises. No 
Operator shall permit any person to open or consume liquor and/or beer 
on his/her premises and in his/her control unless the Commission allows 
the consumption of liquor and/or beer and identifies where liquor and/
or beer may be consumed on Shawnee Indian Country.
    D. Conduct on Licensed Premises.
    1. No Operator shall be disorderly, boisterous or intoxicated on 
the licensed premises or any public premises adjacent thereto which are 
under his/her control, nor shall he/she permit disorderly, boisterous 
or intoxicated person to be thereon; nor shall he/she use or allow the 
use of profane or vulgar language thereon.
    2. No Operator shall permit suggestive, lewd or obscene conduct or 
acts on his/her premises. For the purpose of this Section, suggestive, 
lewd or obscene conduct or acts shall be those conduct or acts 
identified as such by Federal, State of Oklahoma and/or the laws of the 
Tribe.
    E. Employment of Minors. No person under the age of twenty-one (21) 
years of age shall be employed in any service in connection with the 
sale or handling of liquor or beer, either on a paid or voluntary 
basis.
    F. Operator's Premises Open to Commission Inspection. The premises 
of all Operators, including vehicles used in connection with liquor 
and/or beer sales, shall be open during business hours and at all 
reasonable times to inspection by the Commission.
    G. Wholesaler's/Operator's Records. The originals or copies of all 
sales slips, invoices and other memoranda covering all purchases of 
liquor and/or beer by the Operator or Wholesaler shall be kept on file 
in the retail premises of the Operator or Wholesaler purchasing the 
sales at least five (5) years after each purchase and shall be filed 
separately and kept apart from all other records, and as nearly as 
possible, shall be filed in consecutive order and each month's records 
kept separate so as to render the same readily available for inspection 
and checking. All cancelled checks, bank statements, and books of 
accounting, covering and involving the purchase of liquor and/or beer 
and all memoranda, if any, showing payment of money for liquor and/or 
beer other than by check shall be likewise preserved for availability 
for inspection and checking.
    H. Records Confidential. All records of the Commission showing the 
purchase of liquor and/or beer by any individual or group shall be 
confidential and shall not be inspected except by the Commission or the 
Commission's representative, or the Tribe's Attorney or Attorney 
General, or upon order of the Shawnee Tribal Court, or appropriate CFR 
Court.
    Section 7-403. Transportation Through Shawnee Indian Country Not 
Affected. Nothing herein shall pertain to the otherwise lawful 
transportation of liquor and/or beer through the Shawnee Indian Country 
by persons remaining upon public roads and highways and where such 
beverages are not delivered, sold or offered for sale to anyone within 
the Shawnee Indian Country.

Subchapter 5. Taxation and Audits

    Section 7-501. Excise Tax Imposed Upon Distribution of Liquor and/
or Beer and Use of Such Tax.
    A. General Taxation Authority. The Commission shall have the 
authority to assess and collect tax on the sale of liquor and/or beer 
products to the purchaser or consumer. This tax shall be collected and 
paid to the Commission upon all liquor and/or beer products sold within 
the jurisdiction of the Tribe. The Business Council shall establish 
such a rate by resolution and may establish differing rates for any 
given class of merchandise, which shall be paid prior to the time of 
retail sale and delivery thereof.
    B. Added to Retail Price. An excise tax to be set by the Business 
Council on the wholesale price shall be added to the retail selling 
price of liquor and/or beer products to be sold to the ultimate 
consumer or purchaser. All taxes paid pursuant to this Act shall be 
conclusively presumed to be direct taxes on the retail consumer pre-
collected for the purpose of convenience and facility.
    C. Tax Stamp. Within seventy-two (72) hours after receipt of any 
liquor and/or beer products by any Wholesaler or retailer subject to 
this Act, a Shawnee Tribe tax stamp shall be securely affixed thereto 
denoting the Shawnee Tribe tax thereon. Retailers or sellers of liquor 
and/or beer products within the Tribe's jurisdiction may buy and sell 
or have in their possession only liquor and/or beer products which have 
the Shawnee Tribe tax stamp affixed to each package.
    D. Use of Tax Revenue. The excise tax imposed and levied hereunder 
shall be earmarked for expenditures as specified in Chapter One of this 
Title.
    Section 7-502. Audits and Inspections.
    A. Inspections. All of the books and other business records of the 
Liquor and/or Beer Outlet shall be available for inspection and audit 
by the Commission or its authorized representative during normal 
business hours and at all other reasonable times, as may be requested 
by the Commission.
    B. Bond for Excise Tax. The excise tax together with reports on 
forms to be supplied by the Commission shall be remitted to the 
Commission on a monthly basis unless otherwise specified in writing by 
the Commission. The Operator shall furnish a satisfactory

[[Page 48638]]

bond to the Commission in an amount to be specified by the Commission 
guaranteeing his or her payment of excise taxes.

Subchapter 6. Liability, Insurance and Sovereign Immunity

    Section 7-601. Liability for Bills. The Shawnee Tribe and the 
Commission shall have no legal responsibility for any unpaid bills owed 
by a Liquor and/or Beer Outlet to a Wholesaler, supplier, or any other 
person.
    Section 7-602. Shawnee Tribe Liability and Credit.
    A. Liability. Unless explicitly authorized by Shawnee Tribe statute 
or regulation, Operators are forbidden to represent or give the 
impression to any supplier or person with whom he or she does business 
that he or she is an official representative of the Tribe, Commissioner 
or the Commission authorized to pledge Shawnee Tribe credit or 
financial responsibility for any of the expenses of his or her business 
operation. The Operator shall hold the Tribe harmless from all claims 
and liability of whatever nature. The Commission shall revoke an 
Operator's outlet License(s) if said outlet(s) is not operated in a 
businesslike manner or if it does not remain financially solvent or 
does not pay its operating expenses and bills before they become 
delinquent.
    B. Insurance. The Operator shall maintain at his or her own expense 
adequate insurance covering liability, fire, theft, vandalism and other 
insurable risks. The Commission may establish as a condition of any 
License, the required insurance limits and any additional coverage 
deemed advisable, proof of which shall be filed with the Commission.
    Section 7-603. Sovereign Immunity. Nothing in this Act shall be 
construed as a waiver or a limitation of the sovereign immunity of the 
Shawnee Tribe or its agencies, nor their officers or employees. To the 
fullest extent possible, the Shawnee Tribe expressly retains its 
sovereign immunity for the purposes of enactment of this Act.

Subchapter 7. Enforcement

    Section 7-701. Violations and Penalties. Any person who violates 
this Act or elicits, encourages, directs, or causes to be violated this 
Act, or Acts in support of this Act, or regulations of the Commission 
shall be guilty of an offense and subject to fine. Failure to have a 
current, valid or proper License shall not constitute a defense to an 
alleged violation of the licensing laws and/or regulations.
    A. Criminal Penalties. Any Indian person convicted of committing 
any violation of this Act shall be subject to punishment of up to one 
(1) year imprisonment and/or a fine not to exceed Five Thousand Dollars 
($5,000). The judicial system of the Shawnee Tribe shall have 
jurisdiction over said proceeding(s).
    B. Civil Liability. Additionally, any person upon committing any 
violation of any provision of this Act may be subject to civil action 
for trespass and upon having been determined by the Shawnee Tribal 
Court, or appropriate CFR Court, to have committed said violation, 
shall be found to have trespassed upon the lands of the Tribe and shall 
be assessed such damages as the Court deems appropriate in the 
circumstances. The Court also has jurisdiction to enforce any fine, 
penalty, suspension, revocation or other enforcement action of the 
Commission. Any Commission action that was not timely appealed is 
conclusively deemed valid.
    C. Any person suspected or having violated any provision of this 
Act shall, in addition to any other penalty imposed hereunder, be 
required to surrender any liquor and/or beer products in the person's 
possession to the officer making the complaint. The surrendered 
beverages, if previously unopened, shall only be returned upon a 
finding by the Shawnee Tribal Court, or appropriate CFR Court, after 
trial or proper judicial proceeding, that the individual committed no 
violation of this Act.
    D. Any Operator who violates the provisions set forth herein shall 
forfeit all of the remaining stock in the outlet(s). The Commission 
shall be empowered to seize forfeited products.
    E. Any stock, goods or other items subject to this Act that have 
not been registered, licensed or taxes paid shall be contraband and 
subject to immediate confiscation by the Commission or his/her 
employees or agents; provided that within fifteen (15) calendar days of 
the seizure the Commission shall cause to be filed an action against 
such property alleging the reason for the seizure or confiscation and 
upon proof, the Shawnee Tribal Court, or appropriate CFR Court, shall 
order the property forfeited and vested with the Tribe.
    SECTION TWO. EFFECTIVE DATE. This Act shall become effective on the 
date upon which, after having been certified by the Secretary of the 
Interior, it is published in the Federal Register.

[FR Doc. 2019-20116 Filed 9-12-19; 4:15 pm]
 BILLING CODE 4337-15-P