Spirit Lake Tribe Liquor Control Ordinance, 46165-46170 [2020-16605]

Download as PDF 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 with the Service’s decision-making requirements under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) and analyzes several alternatives, including the proposed action alternative involving implementation of the HCP submitted by the applicant. The EIS analyzes the direct, indirect, and cumulative impacts of several land management alternatives related to the Service’s decision whether to issue an ITP in response to the SPI’s application. Background Section 9 of the ESA prohibits the ‘‘take’’ of fish and wildlife species federally listed as endangered; by regulation, the Service has extended the take prohibitions to certain species listed as threatened. Take of federally listed fish or wildlife is defined under the ESA as to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect listed species, or attempt to engage in such conduct (16 U.S.C. 1538). ‘‘Harm’’ includes significant habitat modification or degradation that actually kills or injures listed wildlife by significantly impairing essential behavioral patterns, including breeding, feeding, and sheltering (50 CFR 17.3). Under limited circumstances, we may issue permits to authorize incidental take that is incidental to and not the purpose of, otherwise lawful activities. National Environmental Policy Act Compliance The EIS analyzes three land management alternatives. These include a ‘‘no action’’ alternative, under which the current management practices would be assumed to continue as guided by the California Forest Practice Rules. The proposed action consists of a two-subspecies HCP and associated permit with a 50-year term. One other ‘‘action’’ alternative is included. The Northwest Forest Plan (NWFP)/Sierra Nevada Forest Plan (SNFPA) Alternative (NWFP/SNFPA alternative) proposes the development of a different twosubspecies HCP that would manage known and suspected nest stands according to the NWFP within the range of the NSO and the SNFPA within the range of the CSO. EPA’s Role in the EIS Process In addition to this notice, the Environmental Protection Agency (EPA) is publishing a notice in the Federal VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 Register announcing this EIS, as required under section 309 of the Clean Air Act. The publication date of EPA’s notice of availability is the official beginning of the public comment period. EPA’s notices are published on Fridays. EPA serves as the repository (EIS database) for EISs prepared by Federal agencies. All EISs must be filed with EPA. You may search for EPA comments on EISs, along with EISs themselves, at https:// cdxnodengn.epa.gov/cdx-enepa-public/ action/eis/search. Public Review Any comments we receive will become part of the decision record associated with this action. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can request in your comment that we withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety. Next Steps Issuance of an ITP is a Federal proposed action subject to compliance with NEPA. We will evaluate the application, associated documents, and the public comments we receive to determine whether the requirements of the NEPA regulations and section 10(a) of the ESA have been met. If we determine that those requirements are met, we will issue a record of decision no sooner than 30 days after the EPA publishes notice of the final EIS in the Federal Register and will issue a permit to the applicant for the incidental take of the covered species. 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 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 46165 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: E:\FR\FM\31JYN1.SGM 31JYN1 46166 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices 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.’’ VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 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 PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices 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; VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 (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 PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 46167 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. E:\FR\FM\31JYN1.SGM 31JYN1 46168 Sec. 22–3102 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices 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). VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 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 PO 00000 Frm 00102 Fmt 4703 Sfmt 4703 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 E:\FR\FM\31JYN1.SGM 31JYN1 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices 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 VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 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 PO 00000 Frm 00103 Fmt 4703 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 E:\FR\FM\31JYN1.SGM 31JYN1 46170 Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Notices 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 VerDate Sep<11>2014 18:33 Jul 30, 2020 Jkt 250001 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 PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 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: E:\FR\FM\31JYN1.SGM 31JYN1

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.

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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

[[Page 46169]]

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