Spirit Lake Tribe Liquor Control Ordinance, 46165-46170 [2020-16605]
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Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices
the maximum extent practicable, of the
potential taking of federally listed
species to be covered by the HCP.
Final Environmental Impact Statement
The EIS was developed in compliance
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The EIS analyzes the direct, indirect,
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Section 9 of the ESA prohibits the
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The EIS analyzes three land
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EPA’s Role in the EIS Process
In addition to this notice, the
Environmental Protection Agency (EPA)
is publishing a notice in the Federal
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Register announcing this EIS, as
required under section 309 of the Clean
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Next Steps
Issuance of an ITP is a Federal
proposed action subject to compliance
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the public comments we receive to
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Authority
We provide this notice under section
10(c) of the ESA (16 U.S.C. 1531 et seq.)
and its implementing regulations (50
CFR 17.32), and NEPA (42 U.S.C. 4321
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et seq.) and NEPA implementing
regulations (40 CFR 1506.6).
Daniel Cox,
Acting Assistant Regional Director,
California-Great Basin Region, Sacramento,
California.
[FR Doc. 2020–16505 Filed 7–30–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[201A2100DD/AAKC001030/
A0A501010.999900 253G]
Spirit Lake Tribe Liquor Control
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Spirit Lake Tribe’s Liquor Control
Ordinance (Ordinance). This Ordinance
regulates and controls the possession,
sale, manufacture, and distribution of
alcohol in conformity with the laws of
the State of North Dakota for the
purpose of generating new Tribal
revenues. Enactment of this Ordinance
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 Ordinance shall take effect
on July 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Todd Gravelle, Supervisory Tribal
Operations Specialist, Great Plains
Regional Office, Bureau of Indian
Affairs, 115 Fourth Avenue South East,
Suite 400, Aberdeen, South Dakota
57401, telephone: (605) 226–7376, fax:
(605) 226–7379.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor control
laws for the purpose of regulating liquor
transactions in Indian country. The
Spirit Lake Tribe duly adopted the
Liquor Control Ordinance on March 13,
2020.
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 Spirit Lake Tribe duly
adopted by Resolution this Liquor
SUMMARY:
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Sec. 22–1104
Control Ordinance by Resolution No.
A05–20–122, on March 13, 2020.
This Title is effective as of the date of
publication in the Federal Register.
Tara Sweeney,
Assistant Secretary–Indian Affairs.
Sec. 22–1105
The Spirit Lake Tribe’s Liquor Control
Ordinance shall read as follows:
TITLE 22. LIQUOR CONTROL
ARTICLE I
GENERAL PROVISIONS
CHAPTER 1
Sec. 22–1101
GENERALLY
Authority and Purpose
The purpose of this Title is to regulate
and control the distribution, possession
and sale of liquors and other
intoxicating beverages within lands
subject to the jurisdiction of the Spirit
Lake Tribe in North Dakota, and
authorize sales of such at the Spirit Lake
Casino and Resort property. The
authority for enactment of this Title is
as follows:
(1) Tribal control over liquor within
Tribal reservations is provided for in the
Act of August 15, 1953, 67 Stat. 586,
codified at 18 U.S.C. 1161, through
which the federal government
recognizes the authority of Indian Tribes
to regulate acts or transactions involving
liquor in Indian Country, provided that
such acts or transactions are in
conformity with the laws of the State in
which the Tribe is located.
(2) The United States government is
committed to fostering and encouraging
Tribal self-government, economic
development and self-sufficiency under
the Indian Self-Determination and
Education Assistance Act, 25 U.S.C.
5301–5332.
(3) This title is enacted pursuant to
Articles 6(3), 6(4), 6(9), 6(10), and 7 of
the Spirit Lake Constitution and
pursuant to 18 U.S.C. 1161.
Sec. 22–1102
Public Policy
It is the policy of the Tribe to strictly
limit the sale of liquor on Tribal Lands.
The Tribal Council has determined that
the regulated sale and consumption of
Alcoholic Beverages at the site of the
Casino Property is an appropriate
activity that will enhance the revenues
of the Tribe’s Casino Enterprise.
Accordingly, sales of Alcoholic
Beverages shall be permitted, but shall
be geographically limited to Casino
Property and strictly regulated in
accordance with this Title and the
Regulations.
Sec. 22–1103
Title
This Title shall be cited as the ‘‘Spirit
Lake Tribe Liquor Control Act.’’
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Effective Date
Definitions
Unless the context requires otherwise,
as used in this Title:
(1) ‘‘Alcoholic Beverage’’ means any
Intoxicating Liquor, Beer or any Wine as
defined under the provisions of this
Title.
(2) ‘‘Application’’ means a formal
written request for the issuance of a
Liquor License, supported by a verified
statement of facts, as described in detail
at Section 22–3109 of this Title.
(3) ‘‘Beer’’ means any liquid capable
of being used for beverage purposes
made by the fermentation of an infusion
in potable water of barley, malt, and
hops, with or without unmalted grains
or decorticated and degerminated grains
or made by the fermentation of or by
distillation of the fermented products of
fruit, fruit extracts, or other agricultural
products, containing more than one-half
of one percent of alcohol by volume but
not more than five percent of alcohol by
weight but not including mixed drinks
or cocktails mixed on the premises.
(4) ‘‘Casino Property’’ means all real
property, including the buildings,
adjacent parking lots and all related
infrastructure that comprise the Casino
Enterprise known as the Spirit Lake
Casino and Resort at 7889 Hwy 57, St.
Michael, ND 58370.
(5) ‘‘Code’’ means the Code of the
Spirit Lake Tribe of North Dakota,
including any amendments thereto.
(6) ‘‘Director’’ means the Director of
Liquor Control as described in detail at
Section 22–2102 of this Title.
(7) ‘‘Distributor’’ means a Person duly
licensed by the State and the Tribe who
is entitled to purchase, sell,
manufacture, deliver and/or distribute
all forms of Alcoholic Beverages to
licensed retail establishments within the
State, including the Casino Enterprise.
(8) ‘‘Intoxicating Liquor’’ means any
liquid either commonly used, or
reasonably adopted to use for beverage
purposes, containing in excess of three
and two-tenths percentum of alcohol by
weight. This shall include any type of
Wine, regardless of alcohol content.
(9) ‘‘Liquor License’’ means a Tribal
liquor license issued in accordance with
Chapter 3 of this Title.
(10) ‘‘Person’’ means any individual,
partnership, or corporate entity.
(11) ‘‘Qualified Sponsor’’ means the
sponsor of a Special Event, which may
be (i) a duly authorized representative of
the Tribal Entities, (ii) a State licensed
distributor, wholesaler or manufacturer
of Alcoholic Beverages; or (iii) other
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Person possessing the requisite license
and other legal authority to conduct the
proposed activity on Tribal Lands.
(12) ‘‘Regulations’’ means all
regulations adopted under this Title in
accordance with Section 22–2103
hereof.
(13) ‘‘Sale’’ or ‘‘Sell’’ means and
includes the exchange, barter, and
traffic, including selling, supplying, or
distributing by any means whatsoever,
of any Intoxicating Liquor or Beer.
(14) ‘‘Special Event’’ means any
social, charitable or for-profit discreet
activity or event (i) licensed hereunder;
(ii) conducted on Casino Property by a
Qualified Sponsor; and (iii) overseen by
Casino Enterprise management, at
which Alcoholic Beverages are sold by
a vendor, wholesaler or distributor
licensed by the State and/or the Tribe,
as applicable.
(15) ‘‘State’’ means the State of North
Dakota.
(16) ‘‘Tribal Constitution’’ means the
Spirit Lake Constitution.
(17) ‘‘Tribal Council’’ means the duly
elected governing body of the Tribe.
(18) ‘‘Tribal Entity’’ means any
business or quasi-business operation
which is owned and operated by the
Spirit Lake Tribe, with its profits
remaining therein.
(19) ‘‘Tribal Lands’’ means all land
owned by the Tribe over which the
Tribe exercises jurisdiction, whether
held in trust for the Tribe by the United
States of America for the benefit of the
Tribe, owned in fee simple by the Tribe,
or otherwise.
(20) ‘‘Tribe’’ means the Spirit Lake
Tribe.
(21) ‘‘Wholesaler’’ means any person,
other than a vintner, brewer or bottler of
Beer or Wine, who shall sell barter,
exchange, offer for sale, have in
possession with intent to sell, deal or
traffic in Intoxicating Liquor, Wine, or
Beer. A wholesaler shall not sell for
consumption upon Tribal Lands.
(22) ‘‘Wine’’ means any beverage
containing more than five percent of
alcohol by weight but not more than
seventeen percent of alcohol by weight
or twenty-one and twenty-five
hundredths percent of alcohol by
volume obtained by the fermentation of
the natural sugar.
Sec. 22–1106
Construction
This Title shall be interpreted and
applied in a manner consistent with all
other laws, ordinances, resolutions, and
regulations of the Tribe.
Sec. 22–1107
Severability
If a court of competent jurisdiction
finds any provision of this Title to be
invalid or illegal under applicable
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Federal or Tribal law, such provision
shall be severed from this Title and the
remainder of this Title shall remain in
full force and effect.
Sec. 22–1108 Headings
Headings contained herein shall not
be deemed to govern, limit, modify, or
in any manner affect the scope,
meaning, or intent of the provisions of
any portion of this Title.
Sec. 22–1109 Amendments
This Title may be amended only upon
an affirmative vote of a majority of the
Tribal Council, the approval of the
Secretary, and the publication of the
approved amendment in the Federal
Register.
CHAPTER 2 REGULATION OF
INTOXICATING LIQUOR
Sec. 22–2101 General Prohibition
It shall be unlawful to manufacture
for sale, sell, offer, or keep for sale,
possess or transport all forms of
Intoxicating Liquor or Beer except upon
the terms, conditions, limitations, and
restrictions specified in this Title and
the Regulations.
Sec. 22–2102 Director Appointment
and Authority
The Tribal Council shall appoint a
Director of Liquor Control who shall
have the following duties and authority:
(1) To publish and enforce this Title
and the rules and Regulations governing
the sale, manufacture, and distribution
of Intoxicating Liquor and Beer on
Tribal Lands;
(2) To employ or procure the services
of managers, accountants, security
personnel, inspectors, and such other
persons as shall be reasonably necessary
to allow the Director and/or the Tribal
Council to perform their respective
functions under this Title;
(3) To issue Liquor Licenses, with the
approval of the Tribal Council,
permitting the sale or distribution of
liquor on Tribal Lands;
(4) To convene and facilitate Tribal
Council hearings on violations of this
Title for the issuance or revocation of
licenses hereunder;
(5) To bring suit in the appropriate
court to enforce this Title as necessary;
(6) To determine and seek damages
for violation of this Title;
(7) To make such reports as may be
required;
(8) To compile information and
conduct background investigations to
determine the suitability of an applicant
for a Liquor License;
(9) To collect fees levied or set in
accordance with this Title, and to keep
accurate records, books and accounts;
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(10) To develop forms for
applications, licenses, and other matters
covered by this Title;
(11) To take or facilitate all action
necessary to follow or implement
applicable provisions of State law, as
required;
(12) To coordinate with other
departments and agencies of the Tribe to
ensure the effective enforcement of this
Title and the Regulations; and
(13) To exercise such other powers as
are necessary and appropriate to fulfill
the purposes of this Title.
Sec. 22–2103
Regulations
Promulgation of
The Director is hereby authorized to
make Regulations not inconsistent with
this Title to the end that this Title shall
be applied and administered uniformly
throughout Tribal Lands. All such
proposed Regulations shall be first
submitted to the Tribal Council for
consideration, possible revision and
final approval. Following approval by
the Tribal Council, copies of all
Regulations shall be made available to
all persons subject to this Title.
Sec. 22–2104
Tribe
Director as Employee of
The Director and other individuals
employed under the Director’s
supervision shall be employees of the
Tribe. The Director may be removed for
cause at any time by vote of the Tribal
Council.
Sec. 22–2105
Interim Appointment
As of the Effective Date, the Tribal
Council designates the Tribe’s Gaming
Commission Executive Director to serve
as the Director of Liquor Control until
such time as a permanent appointment
is made in accordance with this Title.
Sec. 22–2106
Inspection Rights
The premises on which Intoxicating
Liquor and Beer is sold or distributed
shall be open for inspection by the
Director or his designee at all reasonable
times for the purpose of ascertaining
whether this Title and the Regulations
promulgated hereunder are being
strictly followed.
Sec. 22–2107 Tribal Control of
Importation and Sale of Intoxicating
Liquor
The Tribal Council shall have the sole
and exclusive right to control and
restrict the importation of all forms of
Intoxicating Liquor and Beer, except as
otherwise provided in this Title, and no
person or organization shall so import
any such Intoxicating Liquor or Beer
into the Tribal Lands, unless authorized
by a Liquor License issued under this
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Title. No licensed distributor,
wholesaler or distillery shall sell any
form of Intoxicating Liquor or Beer
within the Tribal Lands to any person
or organization unless licensed
hereunder and except as otherwise
provided in this Title. It is the intent of
this Section to retain in the Tribal
Council exclusive control within Tribal
Lands as the sole authorizer and
controller of all forms of Intoxicating
Liquor and Beer sold by retailers,
distributors, wholesalers or vendors
within the Tribal Lands or imported
therein, and except as otherwise
provided in this Title. The powers of the
Director under this Title are by express
delegation of the Tribal Council.
Sec. 22–2108
Limitation on Powers
In the exercise of their respective
powers and duties under this Title, the
Director, the Tribal Council, and their
individual members, representatives
and employees, shall not accept any
gratuity, compensation or other thing of
value from any liquor wholesaler,
retailer, or distributor or from any
licensee or applicant under this Title.
Sec. 22–2109 Possession of Liquor
Contrary to This Title
All forms of Intoxicating Liquor and
Beer which are possessed contrary to
the terms of this Title are declared to be
contraband. Any Tribal agent,
employee, or officer who is authorized
by this Title and the Regulations to
enforce this Section shall have the
authority to and shall seize all
contraband.
Sec. 22–2110
Contraband
Disposition of Seized
Any officer, employee or agent of the
Tribe seizing contraband shall preserve
the contraband in accordance with
applicable law. Upon being found in
violation of this Title, the party shall
forfeit all right, title and interest in the
items seized which shall become the
property of the Tribe.
CHAPTER 3
Sec. 22–3101
Tax
LIQUOR LICENSES
Power to License and
The power to establish licenses and
levy taxes under the provisions of this
Title is vested exclusively with the
Tribal Council. The Tribal Council has
delegated certain authority and
responsibilities to the Director of Liquor
Control and to the Tax Director, each in
accordance with the express provisions
in this Title and Title 7 (Taxation). The
Tribal Council retains primary
responsibility for implementation,
oversight and enforcement of this Title.
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Sec. 22–3102
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Sec. 22–3105 Class III—Distributor
License Description
Types of Licenses
There is hereby authorized three
categories of Liquor Licenses, as
follows:
Class I—Retail,
Class II—Special Event, and
Class III—Distributor.
Sec. 22–3103
Description
Class I—Retail License
Only one Class I Retail License shall
be permitted under this Title. Such
license shall be approved subject to the
Director’s determination, with the
concurrence of the Tribal Council, that
all of the conditions set forth at Section
22–3108 have been fully satisfied.
Upon recommendation of the
Director, the Tribal Council may, on or
following the Effective Date, issue a
Class I—Retail License to the business
operation of the Tribe known as the
‘‘Spirit Lake Casino & Resort.’’ The Class
I—Retail License shall entitle the Tribal
Entity to sell at retail in restaurants,
bars, and other areas designated by
Regulation, any Alcoholic Beverages
permitted hereunder. All such sales
shall be strictly limited to the physical
area defined herein as the Tribal Entity.
All purchases, deliveries and retail sales
of Alcoholic Beverages on the Tribal
Entity shall be in strict compliance with
this Title, the terms of the Liquor
License and the Regulations
promulgated hereunder.
Sec. 22–3104 Class II—Special Event
License Description
Upon (i) request of the General
Manager of the Casino Enterprise or his
designee, and recommendation of the
Director, a Class II—Special Event
License may be issued by the Tribal
Council to the Qualified Sponsor of a
Special Event. The duration of such
license shall be established at the time
of issuance; provided, however, the
duration shall not be longer than five (5)
days. The license shall entitle the
Qualified Sponsor to sell at retail the
type(s) of Alcoholic Beverages specified
in the license. All Alcoholic Beverage
sales approved under the terms of the
Class II—Special Event License shall
comply in all respects with this Title
and the Regulations promulgated
hereunder. All intoxicating beverages
and all service employees for an event
granted a Class II license shall be
provided by a Tribal Entity. These
events shall be under the law
enforcement jurisdiction of the Tribe
pursuant to Title 3 of the Law & Order
Code (Criminal Actions).
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A Class III—Distributor License may
be issued to an applicant who (i) is
licensed by the State to purchase all
forms of Intoxicating Liquor and Beer at
wholesale and to distribute to retail
outlets in the State, and (ii) who meets
the criteria under this Title and the
Regulations to sell Intoxicating Liquor
and Beer to the Tribal Entities.
Sec. 22–3106
Term of Licenses
The terms of the various Liquor
Licenses are as follows:
Class I—Retail: two years;
Class II—Special Events: one to five
days; and
Class III—Distributor: two years.
Sec. 22–3107
Licenses
Procedure for Obtaining
(1) The Class I—Retail License
authorized hereunder shall be issued to
Tribal entities subject to a
recommendation by the Director and a
determination by the Tribal Council that
said Tribal Entity has satisfied the
criteria described in Section 22–3108 of
this Title.
(2) A Class II—Special Event License
may be issued upon recommendation of
the Director to an applicant who meets
the definition of a Qualified Sponsor.
The process for application shall be
established by Regulation and shall
include proof that the applicant holds
all necessary State licenses.
(3) A Class III—Distributor License
may be issued upon recommendation of
the Director to an applicant who meets
the criteria for a Distributor. The process
for application shall be established by
Regulation and shall include proof that
the Applicant holds all necessary State
licenses.
In the event dual Tribal and State
licenses are required by State law, no
Person shall be allowed or permitted to
sell, distribute or provide Intoxicating
Liquor or Beer on Tribal Lands unless
such person is also licensed by the
State, as required, to sell or provide
such Intoxicating Liquor and Beer.
Sec. 22–3108 Conditions to Issuance
of Class I—Retail License
In addition to requirements
established by Regulation and other
provisions of this Title, Tribal Council
may, upon recommendation of the
Director, issue the Class I—Retail
License to the Casino Enterprise only
after the Tribal Council has determined
to its satisfaction that the Casino
Enterprise has adopted and is prepared
to implement the following procedures
and requirements, as necessary to
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ensure compliance with this Title and
the Regulations:
(1) Security and surveillance
procedures ensuring the proper use and
handling of all forms of Alcoholic
Beverages;
(2) Appropriate revenue and
accounting procedures pertaining to the
purchase and sale of Alcoholic
Beverages;
(3) Inventory control procedures and
adequate storage, dispensing, service,
management, pricing and security
measures relating to the purchase and
sale of Alcoholic Beverages;
(4) Identification procedures to ensure
that no person under the age of twentyone will be served any form of
Alcoholic Beverage;
(5) Procedures ensuring that all
aspects of Alcoholic Beverage
management, purchase and sale comply
with Tribal and any applicable State
laws;
(6) Casino personnel have received
appropriate training relating to
compliance with this Title and the
Regulations, service of Alcoholic
Beverages, safety, health, revenue
management and patron management
issues;
(7) The Gaming Commission has
reviewed the procedures for Alcoholic
Beverage sales and has determined that
such sales are not in violation of any
provision of the Tribal-State Compact,
the Gaming Code, the Gaming
Regulations or other applicable law
relating to gaming; and
(8) Such other requirements as the
Director and the Tribal Council shall
impose by regulation.
Sec. 22–3109 Content of Liquor
License Application
(a) No Class II or Class III Liquor
License shall issue under this Title
except upon a sworn Application filed
with the Director containing a full and
complete showing of the following:
(1) Satisfactory proof that the
applicant is licensed by the State to sell,
distribute, manufacture or transport, as
applicable, Intoxicating Liquor and/or
Beer.
(2) Agreement by the applicant to
accept and abide by Tribal law and all
conditions of the Tribal license.
(3) Payment of a license fee as
prescribed by the Director.
(4) Satisfactory proof that the
applicant has not been convicted of a
felony or had his/her/its State license
revoked or suspended.
(5) Satisfactory proof that notice of the
Application has been posted in a
prominent, noticeable place on the
premises where intoxicating beverages
are to be sold for at least 30 days prior
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to consideration by the Tribal Council
and has been published at least once in
the Tribal newspaper. The notice shall
state the date, time, and place when the
application shall be considered by the
Tribal Council pursuant to Section 22–
3110 of this Title.
(b) Any holder of a Tribal Liquor
License shall be required to comply, as
a condition of retaining such license,
with all applicable Tribal laws and
regulations.
Sec. 22–3110 Hearing on Application
for Tribal Liquor License
(a) All Applications for a Tribal
Liquor License shall, upon
recommendation of the Director, be
considered by the Tribal Council in
open session at which the applicant,
his/her attorney, and any person
protesting the application shall have the
right to be present, and to offer sworn
oral or documentary evidence relevant
to the Application. After the hearing,
the Tribal Council, by vote and
resolution, shall determine whether to
grant or deny the Application based on:
(1) Whether the requirements of this
Title and the Regulations have been
met; and
(2) Whether the Director, with the
approval of the Tribal Council, in its
discretion, determines that granting the
license is in the best interest of the
Tribe.
(b) In the event the applicant for the
Class II—Special Event License is a duly
authorized representative of the Tribal
Entities, the requirements of this
Section may be modified upon a
showing by the applicant that all safety,
health, security, inventory control,
management and other matters
pertaining to the Special Event conform
in all respects with this Title and the
Regulations.
Sec. 22–3111 License Fees
The fee schedule for Liquor Licenses
shall be established by the Director with
the approval of the Tribal Council.
Sec. 22–3112 License Not a Property
Right
Notwithstanding any other provision
of this Title, a Tribal Liquor License is
a mere permit for a fixed duration of
time. A Tribal Liquor License shall not
be deemed a property right or vested
right of any kind, nor shall the granting
of a Tribal Liquor License give rise to a
presumption of legal entitlement to a
license in a subsequent time period.
Sec. 22–3113 No Transfer or
Assignment
No Tribal Liquor License issued
under this Title may be assigned or
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transferred without the prior written
approval of the Tribal Council, as
expressed by formal resolution.
Sec. 22–3114 Revocation of License
Upon recommendation of the
Director, the Tribal Council may revoke
a Liquor License for reasonable cause
upon notice and hearing at which the
licensee shall be given an opportunity to
respond to any charges against it and to
demonstrate why the Liquor License
should not be suspended or revoked.
CHAPTER 4 REGULATION OF
LIQUOR SALES AND DISTRIBUTION
Sec. 22–4101 Retail Sales Limited to
Tribal Casino Enterprise
The retail sale of Intoxicating Liquor
on Tribal Lands shall be prohibited
except for (i) retail sales that comply
with this Title and (ii) retail sales that
occur within the Casino Property.
Sec. 22–4102 Importation and
Delivery of Liquor
No Intoxicating Liquor or Beer may be
imported for resale or otherwise
distributed on Tribal Lands except in
conformance with this Title.
Sec. 22–4103 Additional Prohibitions
(1) A person shall not sell or dispense
any Alcoholic Beverage on the premises
covered by the Tribal Liquor License
except in conformance with the days
and hours established by the State
during which Alcoholic Beverages may
be sold at retail for consumption on the
premises.
(2) Any person who shall sell or offer
for sale or distribute or transport in any
manner, any liquor in violation of this
ordinance, or who shall operate a motor
vehicle or shall have any Alcoholic
Beverage in his/her possession with
intent to sell or distribute without a
license, shall be guilty of a violation of
this Title and shall be subject to
criminal and/or civil penalties under
this Title, the Law and Order Code, and
the Regulations.
(3) Any person who sells any form of
Intoxicating Liquor or Beer to a person
apparently under the influence of liquor
shall be guilty of a violation of this Title
and shall be subject to criminal and/or
civil penalties under this Title, the Law
and Order Code, and the Regulations.
Sec. 22–4104 Use and Consumption
All Alcoholic Beverage sales shall be
for the personal use and consumption of
the purchaser while on the Casino
property. Resale of any Alcoholic
Beverage purchased within Tribal Lands
is prohibited. Any person who is not
licensed pursuant to this Title who
purchases an Alcoholic Beverage within
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Sfmt 4703
46169
Tribal Lands and sells it, whether in the
original container or not, shall be guilty
of a violation of this Title and shall be
subject to criminal and/or civil penalties
under this Title, the Law and Order
Code, and the Regulations.
Sec. 22–4105 Cash Sales Only
All sales of Alcoholic Beverages
within Tribal Lands shall be on a cash
only basis and no credit shall be
extended to any person, organization, or
entity, except that this provision does
not prevent the use of major credit
cards.
Sec. 22–4106 Tribal Sales Tax
(1) The Tribal Tax Director shall have
jurisdiction over all matters pertaining
to a sales tax on Alcoholic Beverages
sold on Tribal Lands. The amount of
such tax shall be determined by the
Tribal Tax Director with the approval of
the Tribal Council, all in accordance
with Title 17 (Taxation) of the Code.
(2) The Tribal Treasurer shall
establish a tax revenue account for the
Tribe. The money received by the Tax
Department from the taxes imposed by
this Title shall be credited by the
Treasurer to the tax revenue account of
the Tribe to be used in the provision of
tribal governmental services, including,
but not limited to health, education,
safety and welfare.
CHAPTER 5 AGE AND OTHER
RESTRICTIONS
Sec. 22–5101 Sales to Persons Under
21
It shall be unlawful to sell or give any
Alcoholic Beverage to any person under
the age of twenty-one (21) years. Any
Person who violates this section shall be
guilty of a Class 4 Offense as described
at Section 13–51107 of the Law and
Order Code of the Tribe. Violations of
this Section by persons or entities
which are not subject to the criminal
jurisdiction of the Tribe may, following
notice and a hearing, be subject to a
civil penalty in accordance with the
Regulations promulgated hereunder.
The levy of a civil penalty by the
Director under this Section is in
addition to the power to suspend or
revoke any Liquor License and to report
such violation to the appropriate State
authorities.
Sec. 22–5102 Purchase, Possession by
Minor
It shall be unlawful for any person
under the age of twenty-one (21) years
to purchase, attempt to purchase or
possess or consume any form of
Alcoholic Beverage, or to misrepresent
his age for the purpose of purchasing or
attempting to purchase such Alcoholic
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Beverage. Any person who violates any
of the provisions of this section shall be
guilty of a Liquor Violation offense as
described at Section 3–7–44 of the Law
and Order Code of the Tribe. Violations
of this Section by persons or entities
which are not subject to the criminal
jurisdiction of the Tribe may, following
notice and a hearing, be subject to a
civil penalty in accordance with the
Regulations promulgated hereunder.
The levy of a civil penalty by the
Director under this Section is in
addition to the power to suspend or
revoke any license and to report such
violation to the appropriate State
authorities.
Sec. 22–5103
Demanded
Evidence of Legal Age
final administrative orders may be
appealed to the Tribal Court.
Sec. 22–6103
Criminal Violations
All criminal violations hereunder
shall be prosecuted in accordance with
laws of the Tribe, and applicable federal
law. In the event a criminal act is
committed by a person over whom the
Tribe does not exercise criminal
jurisdiction, then the matter may be
referred to appropriate State authorities
for prosecution under State law.
CHAPTER 7 USE OF PROCEEDS AND
INTERPRETATION
Sec. 22–7101
Application of Proceeds
Upon attempt to purchase any
Alcoholic Beverage at a site licensed
under this Title by any person who
appears to the seller to be under legal
age, such seller shall demand, and the
prospective purchaser upon such
demand, shall present satisfactory
evidence that he or she is of legal age.
Any person under legal age who
presents to any seller falsified evidence
as to his or her age shall be guilty of a
Liquor Violation offense as described at
Section 3–7–44 of the Law and Order
Code of the Tribe.
The gross proceeds collected by the
Director from all licensing activities
under this Title and from fines imposed
as a result of violations of this Title,
shall be applied as follows:
(1) First, for the payment of all
necessary personnel, administrative
costs, and legal fees incurred in the
enforcement of this Title; and
(2) Second, the remainder shall be
deposited in the operating fund of the
Tribe and expended by the Tribal
Council for governmental services and
programs on Tribal Lands.
CHAPTER 6 JURISDICTION,
PENALTIES AND ENFORCEMENT
Sec. 22–7102
Law
Sec. 22–6101
All provisions and transactions under
this Title shall be in conformity with
State law regarding alcohol to the extent
required by 18 U.S.C. 1161 and with all
federal laws regarding alcohol in Indian
Country, as defined at 18 U.S.C. 1151.
Jurisdiction
All licensees and others who
voluntarily enter onto Tribal Lands and
transact business or otherwise engage in
activity governed by this Title
voluntarily submit to the jurisdiction of
the Tribe and the personal jurisdiction
of the Tribal Court System for purposes
of enforcement of this Title and the
Regulations.
Sec. 22–6102
Civil Penalties
The Director shall recommend to the
Tribal Council a schedule of civil
penalties and administrative fines as he/
she deems necessary for the effective
enforcement of this Title. Such schedule
shall be considered and adopted by the
Tribal Council in the form of a
Regulation in accordance with Section
22–2103 of this Title. The imposition of
any civil penalty or administrative fine
shall not limit the ability of the Tribal
Council, upon recommendation of the
Director, to suspend or revoke any
license issued hereunder for the
violation of any of the provisions of this
Title or the Regulations. The Director
shall also propose Regulations relating
to the process for administrative
hearings before the Tribal Council. All
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18:33 Jul 30, 2020
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Sec. 22–7103
Sovereignty
Consistency with State
No Impact on Tribal
Nothing in this Title shall be implied
or interpreted to in any manner limit the
immunity of the Tribe from uncontested
suit or to otherwise limit the sovereign
status of the Tribe.
Sec. 22–7104
Repealed
Prior Enactments
All prior Tribal enactments, laws,
ordinances, resolutions or provisions
thereof that are repugnant or
inconsistent to any provision of this
Title are hereby repealed.
[FR Doc. 2020–16605 Filed 7–30–20; 8:45 am]
BILLING CODE 4337–15–P
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DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO956000 L14400000.BJ0000 20X]
Notice of Filing of Plats of Survey,
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The plats of survey of the
following described lands are scheduled
to be officially filed in the Bureau of
Land Management (BLM), Colorado
State Office, Lakewood, Colorado, 30
calendar days from the date of this
publication. The surveys, which were
executed at the request of the BLM, are
necessary for the management of these
lands.
DATES: Unless there are protests of this
action, the plats described in this notice
will be filed on August 31, 2020.
ADDRESSES: You may submit written
protests to the BLM Colorado State
Office, Cadastral Survey, 2850
Youngfield Street, Lakewood, CO
80215–7210.
FOR FURTHER INFORMATION CONTACT:
Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856; rbloom@
blm.gov. Persons who use a
telecommunications device for the deaf
may call the Federal Relay Service at 1–
800–877–8339 to contact the above
individual during normal business
hours. The Service is available 24 hours
a day, seven days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The plat,
in 2 sheets, and field notes of the
dependent resurvey and survey in
Township 14 South, Range 100 West,
Sixth Principal Meridian, Colorado, was
accepted on May 29, 2020.
The plat, in 2 sheets, incorporating
the field notes of the dependent
resurvey and subdivision of section 31
in Township 6 South, Range 90 West,
Sixth Principal Meridian, Colorado, was
accepted on June 25, 2020.
A person or party who wishes to
protest any of the above surveys must
file a written notice of protest within 30
calendar days from the date of this
publication at the address listed in the
ADDRESSES section of this notice. A
statement of reasons for the protest may
be filed with the notice of protest and
must be filed within 30 calendar days
after the protest is filed. If a protest
against the survey is received prior to
the date of official filing, the filing will
be stayed pending consideration of the
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Notices]
[Pages 46165-46170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16605]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[201A2100DD/AAKC001030/A0A501010.999900 253G]
Spirit Lake Tribe Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Spirit Lake Tribe's Liquor Control
Ordinance (Ordinance). This Ordinance regulates and controls the
possession, sale, manufacture, and distribution of alcohol in
conformity with the laws of the State of North Dakota for the purpose
of generating new Tribal revenues. Enactment of this Ordinance 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 Ordinance shall take effect on July 31, 2020.
FOR FURTHER INFORMATION CONTACT: Todd Gravelle, Supervisory Tribal
Operations Specialist, Great Plains Regional Office, Bureau of Indian
Affairs, 115 Fourth Avenue South East, Suite 400, Aberdeen, South
Dakota 57401, telephone: (605) 226-7376, fax: (605) 226-7379.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor control laws for the purpose of regulating liquor
transactions in Indian country. The Spirit Lake Tribe duly adopted the
Liquor Control Ordinance on March 13, 2020.
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 Spirit Lake Tribe duly adopted by
Resolution this Liquor
[[Page 46166]]
Control Ordinance by Resolution No. A05-20-122, on March 13, 2020.
Tara Sweeney,
Assistant Secretary-Indian Affairs.
The Spirit Lake Tribe's Liquor Control Ordinance shall read as
follows:
TITLE 22. LIQUOR CONTROL
ARTICLE I
GENERAL PROVISIONS
CHAPTER 1 GENERALLY
Sec. 22-1101 Authority and Purpose
The purpose of this Title is to regulate and control the
distribution, possession and sale of liquors and other intoxicating
beverages within lands subject to the jurisdiction of the Spirit Lake
Tribe in North Dakota, and authorize sales of such at the Spirit Lake
Casino and Resort property. The authority for enactment of this Title
is as follows:
(1) Tribal control over liquor within Tribal reservations is
provided for in the Act of August 15, 1953, 67 Stat. 586, codified at
18 U.S.C. 1161, through which the federal government recognizes the
authority of Indian Tribes to regulate acts or transactions involving
liquor in Indian Country, provided that such acts or transactions are
in conformity with the laws of the State in which the Tribe is located.
(2) The United States government is committed to fostering and
encouraging Tribal self-government, economic development and self-
sufficiency under the Indian Self-Determination and Education
Assistance Act, 25 U.S.C. 5301-5332.
(3) This title is enacted pursuant to Articles 6(3), 6(4), 6(9),
6(10), and 7 of the Spirit Lake Constitution and pursuant to 18 U.S.C.
1161.
Sec. 22-1102 Public Policy
It is the policy of the Tribe to strictly limit the sale of liquor
on Tribal Lands. The Tribal Council has determined that the regulated
sale and consumption of Alcoholic Beverages at the site of the Casino
Property is an appropriate activity that will enhance the revenues of
the Tribe's Casino Enterprise. Accordingly, sales of Alcoholic
Beverages shall be permitted, but shall be geographically limited to
Casino Property and strictly regulated in accordance with this Title
and the Regulations.
Sec. 22-1103 Title
This Title shall be cited as the ``Spirit Lake Tribe Liquor Control
Act.''
Sec. 22-1104 Effective Date
This Title is effective as of the date of publication in the
Federal Register.
Sec. 22-1105 Definitions
Unless the context requires otherwise, as used in this Title:
(1) ``Alcoholic Beverage'' means any Intoxicating Liquor, Beer or
any Wine as defined under the provisions of this Title.
(2) ``Application'' means a formal written request for the issuance
of a Liquor License, supported by a verified statement of facts, as
described in detail at Section 22-3109 of this Title.
(3) ``Beer'' means any liquid capable of being used for beverage
purposes made by the fermentation of an infusion in potable water of
barley, malt, and hops, with or without unmalted grains or decorticated
and degerminated grains or made by the fermentation of or by
distillation of the fermented products of fruit, fruit extracts, or
other agricultural products, containing more than one-half of one
percent of alcohol by volume but not more than five percent of alcohol
by weight but not including mixed drinks or cocktails mixed on the
premises.
(4) ``Casino Property'' means all real property, including the
buildings, adjacent parking lots and all related infrastructure that
comprise the Casino Enterprise known as the Spirit Lake Casino and
Resort at 7889 Hwy 57, St. Michael, ND 58370.
(5) ``Code'' means the Code of the Spirit Lake Tribe of North
Dakota, including any amendments thereto.
(6) ``Director'' means the Director of Liquor Control as described
in detail at Section 22-2102 of this Title.
(7) ``Distributor'' means a Person duly licensed by the State and
the Tribe who is entitled to purchase, sell, manufacture, deliver and/
or distribute all forms of Alcoholic Beverages to licensed retail
establishments within the State, including the Casino Enterprise.
(8) ``Intoxicating Liquor'' means any liquid either commonly used,
or reasonably adopted to use for beverage purposes, containing in
excess of three and two-tenths percentum of alcohol by weight. This
shall include any type of Wine, regardless of alcohol content.
(9) ``Liquor License'' means a Tribal liquor license issued in
accordance with Chapter 3 of this Title.
(10) ``Person'' means any individual, partnership, or corporate
entity.
(11) ``Qualified Sponsor'' means the sponsor of a Special Event,
which may be (i) a duly authorized representative of the Tribal
Entities, (ii) a State licensed distributor, wholesaler or manufacturer
of Alcoholic Beverages; or (iii) other Person possessing the requisite
license and other legal authority to conduct the proposed activity on
Tribal Lands.
(12) ``Regulations'' means all regulations adopted under this Title
in accordance with Section 22-2103 hereof.
(13) ``Sale'' or ``Sell'' means and includes the exchange, barter,
and traffic, including selling, supplying, or distributing by any means
whatsoever, of any Intoxicating Liquor or Beer.
(14) ``Special Event'' means any social, charitable or for-profit
discreet activity or event (i) licensed hereunder; (ii) conducted on
Casino Property by a Qualified Sponsor; and (iii) overseen by Casino
Enterprise management, at which Alcoholic Beverages are sold by a
vendor, wholesaler or distributor licensed by the State and/or the
Tribe, as applicable.
(15) ``State'' means the State of North Dakota.
(16) ``Tribal Constitution'' means the Spirit Lake Constitution.
(17) ``Tribal Council'' means the duly elected governing body of
the Tribe.
(18) ``Tribal Entity'' means any business or quasi-business
operation which is owned and operated by the Spirit Lake Tribe, with
its profits remaining therein.
(19) ``Tribal Lands'' means all land owned by the Tribe over which
the Tribe exercises jurisdiction, whether held in trust for the Tribe
by the United States of America for the benefit of the Tribe, owned in
fee simple by the Tribe, or otherwise.
(20) ``Tribe'' means the Spirit Lake Tribe.
(21) ``Wholesaler'' means any person, other than a vintner, brewer
or bottler of Beer or Wine, who shall sell barter, exchange, offer for
sale, have in possession with intent to sell, deal or traffic in
Intoxicating Liquor, Wine, or Beer. A wholesaler shall not sell for
consumption upon Tribal Lands.
(22) ``Wine'' means any beverage containing more than five percent
of alcohol by weight but not more than seventeen percent of alcohol by
weight or twenty-one and twenty-five hundredths percent of alcohol by
volume obtained by the fermentation of the natural sugar.
Sec. 22-1106 Construction
This Title shall be interpreted and applied in a manner consistent
with all other laws, ordinances, resolutions, and regulations of the
Tribe.
Sec. 22-1107 Severability
If a court of competent jurisdiction finds any provision of this
Title to be invalid or illegal under applicable
[[Page 46167]]
Federal or Tribal law, such provision shall be severed from this Title
and the remainder of this Title shall remain in full force and effect.
Sec. 22-1108 Headings
Headings contained herein shall not be deemed to govern, limit,
modify, or in any manner affect the scope, meaning, or intent of the
provisions of any portion of this Title.
Sec. 22-1109 Amendments
This Title may be amended only upon an affirmative vote of a
majority of the Tribal Council, the approval of the Secretary, and the
publication of the approved amendment in the Federal Register.
CHAPTER 2 REGULATION OF INTOXICATING LIQUOR
Sec. 22-2101 General Prohibition
It shall be unlawful to manufacture for sale, sell, offer, or keep
for sale, possess or transport all forms of Intoxicating Liquor or Beer
except upon the terms, conditions, limitations, and restrictions
specified in this Title and the Regulations.
Sec. 22-2102 Director Appointment and Authority
The Tribal Council shall appoint a Director of Liquor Control who
shall have the following duties and authority:
(1) To publish and enforce this Title and the rules and Regulations
governing the sale, manufacture, and distribution of Intoxicating
Liquor and Beer on Tribal Lands;
(2) To employ or procure the services of managers, accountants,
security personnel, inspectors, and such other persons as shall be
reasonably necessary to allow the Director and/or the Tribal Council to
perform their respective functions under this Title;
(3) To issue Liquor Licenses, with the approval of the Tribal
Council, permitting the sale or distribution of liquor on Tribal Lands;
(4) To convene and facilitate Tribal Council hearings on violations
of this Title for the issuance or revocation of licenses hereunder;
(5) To bring suit in the appropriate court to enforce this Title as
necessary;
(6) To determine and seek damages for violation of this Title;
(7) To make such reports as may be required;
(8) To compile information and conduct background investigations to
determine the suitability of an applicant for a Liquor License;
(9) To collect fees levied or set in accordance with this Title,
and to keep accurate records, books and accounts;
(10) To develop forms for applications, licenses, and other matters
covered by this Title;
(11) To take or facilitate all action necessary to follow or
implement applicable provisions of State law, as required;
(12) To coordinate with other departments and agencies of the Tribe
to ensure the effective enforcement of this Title and the Regulations;
and
(13) To exercise such other powers as are necessary and appropriate
to fulfill the purposes of this Title.
Sec. 22-2103 Promulgation of Regulations
The Director is hereby authorized to make Regulations not
inconsistent with this Title to the end that this Title shall be
applied and administered uniformly throughout Tribal Lands. All such
proposed Regulations shall be first submitted to the Tribal Council for
consideration, possible revision and final approval. Following approval
by the Tribal Council, copies of all Regulations shall be made
available to all persons subject to this Title.
Sec. 22-2104 Director as Employee of Tribe
The Director and other individuals employed under the Director's
supervision shall be employees of the Tribe. The Director may be
removed for cause at any time by vote of the Tribal Council.
Sec. 22-2105 Interim Appointment
As of the Effective Date, the Tribal Council designates the Tribe's
Gaming Commission Executive Director to serve as the Director of Liquor
Control until such time as a permanent appointment is made in
accordance with this Title.
Sec. 22-2106 Inspection Rights
The premises on which Intoxicating Liquor and Beer is sold or
distributed shall be open for inspection by the Director or his
designee at all reasonable times for the purpose of ascertaining
whether this Title and the Regulations promulgated hereunder are being
strictly followed.
Sec. 22-2107 Tribal Control of Importation and Sale of Intoxicating
Liquor
The Tribal Council shall have the sole and exclusive right to
control and restrict the importation of all forms of Intoxicating
Liquor and Beer, except as otherwise provided in this Title, and no
person or organization shall so import any such Intoxicating Liquor or
Beer into the Tribal Lands, unless authorized by a Liquor License
issued under this Title. No licensed distributor, wholesaler or
distillery shall sell any form of Intoxicating Liquor or Beer within
the Tribal Lands to any person or organization unless licensed
hereunder and except as otherwise provided in this Title. It is the
intent of this Section to retain in the Tribal Council exclusive
control within Tribal Lands as the sole authorizer and controller of
all forms of Intoxicating Liquor and Beer sold by retailers,
distributors, wholesalers or vendors within the Tribal Lands or
imported therein, and except as otherwise provided in this Title. The
powers of the Director under this Title are by express delegation of
the Tribal Council.
Sec. 22-2108 Limitation on Powers
In the exercise of their respective powers and duties under this
Title, the Director, the Tribal Council, and their individual members,
representatives and employees, shall not accept any gratuity,
compensation or other thing of value from any liquor wholesaler,
retailer, or distributor or from any licensee or applicant under this
Title.
Sec. 22-2109 Possession of Liquor Contrary to This Title
All forms of Intoxicating Liquor and Beer which are possessed
contrary to the terms of this Title are declared to be contraband. Any
Tribal agent, employee, or officer who is authorized by this Title and
the Regulations to enforce this Section shall have the authority to and
shall seize all contraband.
Sec. 22-2110 Disposition of Seized Contraband
Any officer, employee or agent of the Tribe seizing contraband
shall preserve the contraband in accordance with applicable law. Upon
being found in violation of this Title, the party shall forfeit all
right, title and interest in the items seized which shall become the
property of the Tribe.
CHAPTER 3 LIQUOR LICENSES
Sec. 22-3101 Power to License and Tax
The power to establish licenses and levy taxes under the provisions
of this Title is vested exclusively with the Tribal Council. The Tribal
Council has delegated certain authority and responsibilities to the
Director of Liquor Control and to the Tax Director, each in accordance
with the express provisions in this Title and Title 7 (Taxation). The
Tribal Council retains primary responsibility for implementation,
oversight and enforcement of this Title.
[[Page 46168]]
Sec. 22-3102 Types of Licenses
There is hereby authorized three categories of Liquor Licenses, as
follows:
Class I--Retail,
Class II--Special Event, and
Class III--Distributor.
Sec. 22-3103 Class I--Retail License Description
Only one Class I Retail License shall be permitted under this
Title. Such license shall be approved subject to the Director's
determination, with the concurrence of the Tribal Council, that all of
the conditions set forth at Section 22-3108 have been fully satisfied.
Upon recommendation of the Director, the Tribal Council may, on or
following the Effective Date, issue a Class I--Retail License to the
business operation of the Tribe known as the ``Spirit Lake Casino &
Resort.'' The Class I--Retail License shall entitle the Tribal Entity
to sell at retail in restaurants, bars, and other areas designated by
Regulation, any Alcoholic Beverages permitted hereunder. All such sales
shall be strictly limited to the physical area defined herein as the
Tribal Entity. All purchases, deliveries and retail sales of Alcoholic
Beverages on the Tribal Entity shall be in strict compliance with this
Title, the terms of the Liquor License and the Regulations promulgated
hereunder.
Sec. 22-3104 Class II--Special Event License Description
Upon (i) request of the General Manager of the Casino Enterprise or
his designee, and recommendation of the Director, a Class II--Special
Event License may be issued by the Tribal Council to the Qualified
Sponsor of a Special Event. The duration of such license shall be
established at the time of issuance; provided, however, the duration
shall not be longer than five (5) days. The license shall entitle the
Qualified Sponsor to sell at retail the type(s) of Alcoholic Beverages
specified in the license. All Alcoholic Beverage sales approved under
the terms of the Class II--Special Event License shall comply in all
respects with this Title and the Regulations promulgated hereunder. All
intoxicating beverages and all service employees for an event granted a
Class II license shall be provided by a Tribal Entity. These events
shall be under the law enforcement jurisdiction of the Tribe pursuant
to Title 3 of the Law & Order Code (Criminal Actions).
Sec. 22-3105 Class III--Distributor License Description
A Class III--Distributor License may be issued to an applicant who
(i) is licensed by the State to purchase all forms of Intoxicating
Liquor and Beer at wholesale and to distribute to retail outlets in the
State, and (ii) who meets the criteria under this Title and the
Regulations to sell Intoxicating Liquor and Beer to the Tribal
Entities.
Sec. 22-3106 Term of Licenses
The terms of the various Liquor Licenses are as follows:
Class I--Retail: two years;
Class II--Special Events: one to five days; and
Class III--Distributor: two years.
Sec. 22-3107 Procedure for Obtaining Licenses
(1) The Class I--Retail License authorized hereunder shall be
issued to Tribal entities subject to a recommendation by the Director
and a determination by the Tribal Council that said Tribal Entity has
satisfied the criteria described in Section 22-3108 of this Title.
(2) A Class II--Special Event License may be issued upon
recommendation of the Director to an applicant who meets the definition
of a Qualified Sponsor. The process for application shall be
established by Regulation and shall include proof that the applicant
holds all necessary State licenses.
(3) A Class III--Distributor License may be issued upon
recommendation of the Director to an applicant who meets the criteria
for a Distributor. The process for application shall be established by
Regulation and shall include proof that the Applicant holds all
necessary State licenses.
In the event dual Tribal and State licenses are required by State
law, no Person shall be allowed or permitted to sell, distribute or
provide Intoxicating Liquor or Beer on Tribal Lands unless such person
is also licensed by the State, as required, to sell or provide such
Intoxicating Liquor and Beer.
Sec. 22-3108 Conditions to Issuance of Class I--Retail License
In addition to requirements established by Regulation and other
provisions of this Title, Tribal Council may, upon recommendation of
the Director, issue the Class I--Retail License to the Casino
Enterprise only after the Tribal Council has determined to its
satisfaction that the Casino Enterprise has adopted and is prepared to
implement the following procedures and requirements, as necessary to
ensure compliance with this Title and the Regulations:
(1) Security and surveillance procedures ensuring the proper use
and handling of all forms of Alcoholic Beverages;
(2) Appropriate revenue and accounting procedures pertaining to the
purchase and sale of Alcoholic Beverages;
(3) Inventory control procedures and adequate storage, dispensing,
service, management, pricing and security measures relating to the
purchase and sale of Alcoholic Beverages;
(4) Identification procedures to ensure that no person under the
age of twenty-one will be served any form of Alcoholic Beverage;
(5) Procedures ensuring that all aspects of Alcoholic Beverage
management, purchase and sale comply with Tribal and any applicable
State laws;
(6) Casino personnel have received appropriate training relating to
compliance with this Title and the Regulations, service of Alcoholic
Beverages, safety, health, revenue management and patron management
issues;
(7) The Gaming Commission has reviewed the procedures for Alcoholic
Beverage sales and has determined that such sales are not in violation
of any provision of the Tribal-State Compact, the Gaming Code, the
Gaming Regulations or other applicable law relating to gaming; and
(8) Such other requirements as the Director and the Tribal Council
shall impose by regulation.
Sec. 22-3109 Content of Liquor License Application
(a) No Class II or Class III Liquor License shall issue under this
Title except upon a sworn Application filed with the Director
containing a full and complete showing of the following:
(1) Satisfactory proof that the applicant is licensed by the State
to sell, distribute, manufacture or transport, as applicable,
Intoxicating Liquor and/or Beer.
(2) Agreement by the applicant to accept and abide by Tribal law
and all conditions of the Tribal license.
(3) Payment of a license fee as prescribed by the Director.
(4) Satisfactory proof that the applicant has not been convicted of
a felony or had his/her/its State license revoked or suspended.
(5) Satisfactory proof that notice of the Application has been
posted in a prominent, noticeable place on the premises where
intoxicating beverages are to be sold for at least 30 days prior
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to consideration by the Tribal Council and has been published at least
once in the Tribal newspaper. The notice shall state the date, time,
and place when the application shall be considered by the Tribal
Council pursuant to Section 22-3110 of this Title.
(b) Any holder of a Tribal Liquor License shall be required to
comply, as a condition of retaining such license, with all applicable
Tribal laws and regulations.
Sec. 22-3110 Hearing on Application for Tribal Liquor License
(a) All Applications for a Tribal Liquor License shall, upon
recommendation of the Director, be considered by the Tribal Council in
open session at which the applicant, his/her attorney, and any person
protesting the application shall have the right to be present, and to
offer sworn oral or documentary evidence relevant to the Application.
After the hearing, the Tribal Council, by vote and resolution, shall
determine whether to grant or deny the Application based on:
(1) Whether the requirements of this Title and the Regulations have
been met; and
(2) Whether the Director, with the approval of the Tribal Council,
in its discretion, determines that granting the license is in the best
interest of the Tribe.
(b) In the event the applicant for the Class II--Special Event
License is a duly authorized representative of the Tribal Entities, the
requirements of this Section may be modified upon a showing by the
applicant that all safety, health, security, inventory control,
management and other matters pertaining to the Special Event conform in
all respects with this Title and the Regulations.
Sec. 22-3111 License Fees
The fee schedule for Liquor Licenses shall be established by the
Director with the approval of the Tribal Council.
Sec. 22-3112 License Not a Property Right
Notwithstanding any other provision of this Title, a Tribal Liquor
License is a mere permit for a fixed duration of time. A Tribal Liquor
License shall not be deemed a property right or vested right of any
kind, nor shall the granting of a Tribal Liquor License give rise to a
presumption of legal entitlement to a license in a subsequent time
period.
Sec. 22-3113 No Transfer or Assignment
No Tribal Liquor License issued under this Title may be assigned or
transferred without the prior written approval of the Tribal Council,
as expressed by formal resolution.
Sec. 22-3114 Revocation of License
Upon recommendation of the Director, the Tribal Council may revoke
a Liquor License for reasonable cause upon notice and hearing at which
the licensee shall be given an opportunity to respond to any charges
against it and to demonstrate why the Liquor License should not be
suspended or revoked.
CHAPTER 4 REGULATION OF LIQUOR SALES AND DISTRIBUTION
Sec. 22-4101 Retail Sales Limited to Tribal Casino Enterprise
The retail sale of Intoxicating Liquor on Tribal Lands shall be
prohibited except for (i) retail sales that comply with this Title and
(ii) retail sales that occur within the Casino Property.
Sec. 22-4102 Importation and Delivery of Liquor
No Intoxicating Liquor or Beer may be imported for resale or
otherwise distributed on Tribal Lands except in conformance with this
Title.
Sec. 22-4103 Additional Prohibitions
(1) A person shall not sell or dispense any Alcoholic Beverage on
the premises covered by the Tribal Liquor License except in conformance
with the days and hours established by the State during which Alcoholic
Beverages may be sold at retail for consumption on the premises.
(2) Any person who shall sell or offer for sale or distribute or
transport in any manner, any liquor in violation of this ordinance, or
who shall operate a motor vehicle or shall have any Alcoholic Beverage
in his/her possession with intent to sell or distribute without a
license, shall be guilty of a violation of this Title and shall be
subject to criminal and/or civil penalties under this Title, the Law
and Order Code, and the Regulations.
(3) Any person who sells any form of Intoxicating Liquor or Beer to
a person apparently under the influence of liquor shall be guilty of a
violation of this Title and shall be subject to criminal and/or civil
penalties under this Title, the Law and Order Code, and the
Regulations.
Sec. 22-4104 Use and Consumption
All Alcoholic Beverage sales shall be for the personal use and
consumption of the purchaser while on the Casino property. Resale of
any Alcoholic Beverage purchased within Tribal Lands is prohibited. Any
person who is not licensed pursuant to this Title who purchases an
Alcoholic Beverage within Tribal Lands and sells it, whether in the
original container or not, shall be guilty of a violation of this Title
and shall be subject to criminal and/or civil penalties under this
Title, the Law and Order Code, and the Regulations.
Sec. 22-4105 Cash Sales Only
All sales of Alcoholic Beverages within Tribal Lands shall be on a
cash only basis and no credit shall be extended to any person,
organization, or entity, except that this provision does not prevent
the use of major credit cards.
Sec. 22-4106 Tribal Sales Tax
(1) The Tribal Tax Director shall have jurisdiction over all
matters pertaining to a sales tax on Alcoholic Beverages sold on Tribal
Lands. The amount of such tax shall be determined by the Tribal Tax
Director with the approval of the Tribal Council, all in accordance
with Title 17 (Taxation) of the Code.
(2) The Tribal Treasurer shall establish a tax revenue account for
the Tribe. The money received by the Tax Department from the taxes
imposed by this Title shall be credited by the Treasurer to the tax
revenue account of the Tribe to be used in the provision of tribal
governmental services, including, but not limited to health, education,
safety and welfare.
CHAPTER 5 AGE AND OTHER RESTRICTIONS
Sec. 22-5101 Sales to Persons Under 21
It shall be unlawful to sell or give any Alcoholic Beverage to any
person under the age of twenty-one (21) years. Any Person who violates
this section shall be guilty of a Class 4 Offense as described at
Section 13-51107 of the Law and Order Code of the Tribe. Violations of
this Section by persons or entities which are not subject to the
criminal jurisdiction of the Tribe may, following notice and a hearing,
be subject to a civil penalty in accordance with the Regulations
promulgated hereunder. The levy of a civil penalty by the Director
under this Section is in addition to the power to suspend or revoke any
Liquor License and to report such violation to the appropriate State
authorities.
Sec. 22-5102 Purchase, Possession by Minor
It shall be unlawful for any person under the age of twenty-one
(21) years to purchase, attempt to purchase or possess or consume any
form of Alcoholic Beverage, or to misrepresent his age for the purpose
of purchasing or attempting to purchase such Alcoholic
[[Page 46170]]
Beverage. Any person who violates any of the provisions of this section
shall be guilty of a Liquor Violation offense as described at Section
3-7-44 of the Law and Order Code of the Tribe. Violations of this
Section by persons or entities which are not subject to the criminal
jurisdiction of the Tribe may, following notice and a hearing, be
subject to a civil penalty in accordance with the Regulations
promulgated hereunder. The levy of a civil penalty by the Director
under this Section is in addition to the power to suspend or revoke any
license and to report such violation to the appropriate State
authorities.
Sec. 22-5103 Evidence of Legal Age Demanded
Upon attempt to purchase any Alcoholic Beverage at a site licensed
under this Title by any person who appears to the seller to be under
legal age, such seller shall demand, and the prospective purchaser upon
such demand, shall present satisfactory evidence that he or she is of
legal age. Any person under legal age who presents to any seller
falsified evidence as to his or her age shall be guilty of a Liquor
Violation offense as described at Section 3-7-44 of the Law and Order
Code of the Tribe.
CHAPTER 6 JURISDICTION, PENALTIES AND ENFORCEMENT
Sec. 22-6101 Jurisdiction
All licensees and others who voluntarily enter onto Tribal Lands
and transact business or otherwise engage in activity governed by this
Title voluntarily submit to the jurisdiction of the Tribe and the
personal jurisdiction of the Tribal Court System for purposes of
enforcement of this Title and the Regulations.
Sec. 22-6102 Civil Penalties
The Director shall recommend to the Tribal Council a schedule of
civil penalties and administrative fines as he/she deems necessary for
the effective enforcement of this Title. Such schedule shall be
considered and adopted by the Tribal Council in the form of a
Regulation in accordance with Section 22-2103 of this Title. The
imposition of any civil penalty or administrative fine shall not limit
the ability of the Tribal Council, upon recommendation of the Director,
to suspend or revoke any license issued hereunder for the violation of
any of the provisions of this Title or the Regulations. The Director
shall also propose Regulations relating to the process for
administrative hearings before the Tribal Council. All final
administrative orders may be appealed to the Tribal Court.
Sec. 22-6103 Criminal Violations
All criminal violations hereunder shall be prosecuted in accordance
with laws of the Tribe, and applicable federal law. In the event a
criminal act is committed by a person over whom the Tribe does not
exercise criminal jurisdiction, then the matter may be referred to
appropriate State authorities for prosecution under State law.
CHAPTER 7 USE OF PROCEEDS AND INTERPRETATION
Sec. 22-7101 Application of Proceeds
The gross proceeds collected by the Director from all licensing
activities under this Title and from fines imposed as a result of
violations of this Title, shall be applied as follows:
(1) First, for the payment of all necessary personnel,
administrative costs, and legal fees incurred in the enforcement of
this Title; and
(2) Second, the remainder shall be deposited in the operating fund
of the Tribe and expended by the Tribal Council for governmental
services and programs on Tribal Lands.
Sec. 22-7102 Consistency with State Law
All provisions and transactions under this Title shall be in
conformity with State law regarding alcohol to the extent required by
18 U.S.C. 1161 and with all federal laws regarding alcohol in Indian
Country, as defined at 18 U.S.C. 1151.
Sec. 22-7103 No Impact on Tribal Sovereignty
Nothing in this Title shall be implied or interpreted to in any
manner limit the immunity of the Tribe from uncontested suit or to
otherwise limit the sovereign status of the Tribe.
Sec. 22-7104 Prior Enactments Repealed
All prior Tribal enactments, laws, ordinances, resolutions or
provisions thereof that are repugnant or inconsistent to any provision
of this Title are hereby repealed.
[FR Doc. 2020-16605 Filed 7-30-20; 8:45 am]
BILLING CODE 4337-15-P
