Liquor Control Ordinance of the Kickapoo Tribe in Kansas, 23422-23425 [2021-09196]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 86, Number 83 (Monday, May 3, 2021)]
[Notices]
[Pages 23422-23425]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09196]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[212A2100DD/AABB003600/A0T902020.253G]


Liquor Control Ordinance of the Kickapoo Tribe in Kansas

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of the 
Kickapoo Tribe in Kansas. The liquor control ordinance regulates and 
controls the possession, sale, manufacture, and distribution of alcohol 
in conformity with the laws of the State of Kansas for the purpose of 
generating new Tribal revenues. Enactment of this liquor control 
ordinance will help provide a source of revenue to strengthen Tribal 
government, provided for the economic viability of Tribal enterprises, 
and improve delivery of Tribal government services.

DATES: This ordinance shall take effect on June 2, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government 
Officer, Southern Plains Regional Office, Bureau of Indian Affairs, 
P.O. Box 368, Anadarko, Oklahoma 73005, Telephone: (405) 247-1534 or 
(405) 247-6673, Fax: (405) 247-9240.

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 must certify and publish in the Federal Register notice of 
adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian Country. The Kickapoo Tribe in Kansas Tribal 
Council duly adopted the Liquor Control Ordinance of the Kickapoo Tribe 
in Kansas on September 1, 2020.
    This notice is published in accordance with the delegated authority 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Kickapoo Tribe in Kansas Tribal Council 
duly adopted by Resolution the Liquor Control Ordinance of the Kickapoo 
Tribe in Kansas by Resolution No. KT20-111 on September 1, 2020.

Bryan Newland,
Principal Deputy Assistant Secretary, Indian Affairs.

Liquor Control Ordinance of the Kickapoo Tribe in Kansas

Introduction

    Title. This ordinance is enacted pursuant to the Act of August 15, 
1953, 67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of the 
Kickapoo Tribe in Kansas Tribal Council under the Constitution and 
Bylaws of the Kickapoo Tribe in Kansas, Article V, Section 1.
    Purpose. The purpose of this ordinance is to regulate and control 
the possession and sale of liquor within the Kickapoo Tribe in Kansas 
Reservation. The enactment of a tribal ordinance governing liquor 
possession and sale on the Kickapoo Tribe in Kansas Reservation will 
increase ability of the tribal government to control the sale, 
distribution and possession of liquor and will provide an important 
source of revenue for the continued operation and strengthening of the 
tribal government and the delivery of tribal government services.

[[Page 23423]]

    Effective date. This ordinance shall be effective on certification 
by the Secretary of the Interior and its publication in the Federal 
Register.

Article 1. Declaration of Public Policy and Purpose

    (1) The introduction, possession, and sale of liquor on the 
Kickapoo Tribe in Kansas Reservation is a matter of special concern to 
the Kickapoo Tribe in Kansas.
    (2) Federal law currently prohibits the introduction of liquor into 
Indian Country (18 U.S.C. Sec. 1154 and other statutes), except as 
provided therein and expressly delegates to the tribes the decision 
regarding when and to what extent liquor transactions shall be 
permitted. (18 U.S.C. Sec. 1161).
    (3) The Kickapoo Tribe in Kansas Tribal Council finds that a 
complete ban on liquor within the Kickapoo Tribe in Kansas Reservation 
is ineffective and unrealistic. However, it recognizes that a need 
still exists for strict regulation and control over liquor transactions 
within Kickapoo Tribe in Kansas Reservation, because of the many 
potential problems associated with the unregulated or inadequately 
regulated sale, possession, distribution, and consumption of liquor. 
The Kickapoo Tribe in Kansas Tribal Council finds that exclusive tribal 
control and regulation of liquor is necessary to achieve maximum 
economic benefit to the Tribe, to protect the health and welfare of 
tribal members, and to address specific concerns relating to alcohol 
use on the Kickapoo Tribe in Kansas Reservation.
    (4) It is in the best interests of the Tribe to enact a tribal 
ordinance governing liquor sales on the Kickapoo Tribe in Kansas 
Reservation and which provides for exclusive purchase, distribution, 
and sale on liquor only on tribal lands within the exterior boundaries 
of the Kickapoo Tribe in Kansas. Further, the Tribe has determined that 
said purchase, distribution, and sale shall take place only at a 
tribally-owned gaming facility complex.

Article II. Definitions

    (1) As used in the title, the following words shall have the 
following meaning unless the context clearly requires otherwise:
    (a) ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, Alcohol, hydrated oxide of ethyl, ethanol, or 
spirits of wine, from whatever source or by whatever process produced.
    (b) ``Alcoholic Beverage'' is synonymous with the term ``liquor'' 
as defined in Article II (f) of this Chapter.
    (c) ``Bar'' means any establishment with special space and 
accommodations for the Sale of liquor by the glass and for consumption 
on the premises as herein defined.
    (d) ``Beer'' means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesale grain or cereal in pure 
water and containing the percent of alcohol by volume subject to 
regulations as an intoxicating beverage in the state where the beverage 
is located.
    (e) ``Tribal Council'' means the governing body of the Kickapoo 
Tribe in Kansas.
    (f) ``Liquor'' includes all fermented, spirituous, vinous, or malt 
liquor or combinations thereof, and mixed liquor, a part of which is 
fermented, and every liquid or solid or semisolid or other substance, 
patented or not, containing distilled or rectified spirits, potable 
alcohol, beer, wine, brandy, whisky, rum, gin aromatic bitters, and all 
drinks or drinkable liquids and all preparations or mixtures capable of 
human consumption and any liquid, semisolid, solid, or other 
substances, which contains more than one half of one percent of 
alcohol.
    (g) ``Liquor Store'' means any store at which liquor is sold and, 
for the purpose of this ordinance, including stores only a portion of 
which are devoted to sale of liquor or beer.
    (h) ``Malt liquor'' means beer, strong been, ale, stout and porter.
    (i) ``Package'' means any container or receptacle used holding 
liquor.
    (j) ``Public Place'' includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls, and grounds adjacent thereto; soft drink 
establishments, public buildings, public meeting halls, lobbies, halls 
and dining room of hotels, restaurants, theaters, gaming facilities, 
entertainment centers, stores, garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds and character; and all other places of like or similar nature to 
which the general public has unrestricted right of access, and which 
are generally used by the public.
    (k) ``Sale'' and ``Sell'' include exchange, barter and traffic, and 
also include the selling or supplying or distributing, by and means 
whatsoever, or liquor, or of any liquid known or described as beer or 
by any name whatsoever commonly used to describe malt or brewed liquor 
or of wine by any person to any person.
    (l) ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, including wines exceeding seventeen percent of alcohol 
by weight.
    (m) ``Wine'' means any alcoholic beverage obtained by fermentation 
of the natural contents of fruits, vegetables, hone, milk, or other 
products containing sugar, whether or not other ingredients are added, 
to which any saccharine substances may have been added before, during 
or after fermentation, and containing not more than seventeen percent 
of alcohol by weight, including sweet wines fortified with wine 
spirits, such as port, sherry, muscatel and angelica, not exceeding 
seventeen percent of alcohol by weight.
    (n) ``Kickapoo Tribe in Kansas General Council'' means the general 
council of the Kickapoo Tribe in Kansas which is composed of the voting 
membership of the Tribe.
    (o) ``Kickapoo Tribe in Kansas Reservation'' means all lands which 
are within the exterior boundaries of the Kickapoo Reservation, which 
is recognized by the federal government as the Kickapoo Tribe in Kansas 
Reservation.
    (p) ``Tribal Court'' means the Kickapoo Tribe in Kansas Tribal 
Court.

Article III. Powers of Enforcement

    (1) Kickapoo Tribe in Kansas Tribal Council. In furtherance of this 
ordinance, the Tribal Council shall have the following powers and 
duties:
    (a) To publish and enforce rules and regulations adopted by the 
Tribal Council governing the sale, manufacture, distribution, and 
possession of alcoholic beverages on the Kickapoo Tribe in Kansas 
Reservation;
    (b) To employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
Tribal Council to perform ifs function. Such employees shall be tribal 
employees;
    (c) To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Kickapoo Tribe in Kansas Reservation;
    (d) To hold hearings on violations of this ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) To bring suit in the Tribal Court or other appropriate court to 
enforce this ordinance as necessary;
    (f) To determine and seek damages for violation of the ordinance;
    (g) To make such reports as may be required by the Kickapoo Tribe 
in Kansas Tribal Council; and

[[Page 23424]]

    (h) To collect taxes and fees levied or set by the Kickapoo Tribe 
in Kansas Tribal Council and to keep accurate records, books and 
accounts.
    (2) Limitation on Powers. In the exercise of its powers and duties 
under this ordinance, the Tribal Council and its individual members 
shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer, or distributor or from any licensee;
    (b) Waive the immunity of the Kickapoo Tribe in Kansas from suit 
without the express written consent and resolution of the Tribal 
Council.
    (3) Inspection Rights. The premises on which liquor is sold or 
distributed shall be open for inspection by the Tribal Council at all 
reasonable times for the purposes of ascertaining whether the rules and 
regulations of the Tribal Council and this ordinance are being complied 
with.

Article IV. Sale of Liquor

    (1) License Required. Sales of liquor and alcoholic beverages on 
Kickapoo Tribe in Kansas Reservation may only be made at businesses 
which hold a Kickapoo Tribe in Kansas Liquor license.
    (2) Sales for Cash. All liquor sales on the Kickapoo Tribe in 
Kansas Reservation shall be on a cash only and no credit shall extended 
to any person, organizations, or entity, except that the provision does 
not prevent the payment for purchases with use of credit cards such as 
Visa, MasterCard, American Express, etc.
    (3) Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any alcoholic 
beverage on the Kickapoo Tribe in Kansas Reservation is prohibited. Any 
person who is not licensed pursuant to this ordinance who purchases any 
alcoholic beverage on the Kickapoo Tribe in Kansas Reservation and 
sells it, whether in the original container or not, shall be guilty of 
a violation of this ordinance and shall be subjected to paying damages 
to the Kickapoo Tribe in Kansas as set forth herein.
    (4) Other Licenses. In addition to or in lieu of the license 
otherwise provided by this ordinance, a retailer of alcoholic beverages 
may also be licensed under this ordinance to make sales of alcoholic 
beverages in the same manner (a) as allowed by Kansas law in the state 
of Kansas for similar Class A or B clubs or (b) as allowed by Kansas 
law outside of the Kickapoo Tribe in Kansas Reservation and in Brown 
County, Kansas. Under no circumstances will any retailer be required to 
comply with any state or county laws, rules or regulations which are 
inapplicable for any reason or which are preempted by or in violation 
of federal law.

Article V. Licensing

    (1) Procedure. In order to control the proliferation and 
establishment on the Kickapoo Tribe in Kansas Reservation which sell or 
serve liquor by the bottle or by the drink, all persons or entities 
which desire to sell liquor on the Kickapoo Tribe in Kansas Reservation 
must apply to the Kickapoo Tribe in Kansas for a license to sell or 
serve liquor.
    (2) Application. Any person or entity applying for a license to 
sell or serve liquor on the Kickapoo Tribe in Kansas Reservation must 
fill in the application provided for this purpose by the Kickapoo Tribe 
in Kansas and pay such application fee as may be set from time to time 
by the Tribal Council for this purpose. Said application must be filled 
out completely in order to be considered.
    (3) Issuance of License. The Tribal Council may issue a license if 
it believes that such issuance is in the best interests of the Kickapoo 
Tribe in Kansas. The purpose of this ordinance is to permit liquor 
sales and consumption at the casino or casino-hotel facilities located 
on the Kickapoo Tribe in Kansas Reservation. Issuance of a license for 
any other purposes will not be considered to be in the best interest of 
the Kickapoo Tribe in Kansas.
    (4) Period of License. Each license may be issued for a period not 
to exceed two (2) years from the date of issuance.
    (5) Renewal of License. A license may renew its license if the 
licensee has complied in full with this ordinance provided however, 
that the Tribal Council may refuse to renew a license if it finds that 
doing so would not be in the best interests of the health and safety of 
the Kickapoo Tribe in Kansas.
    (6) Revocation in License. The Tribal Council may suspend or revoke 
a license due to one or more violations of this ordinance upon notice 
and hearing at which the licensee is given an opportunity to respond to 
any charges against it and to demonstrate why the license should not be 
suspended or revoked.
    (7) Hearings. Within 15 days after a licensee is mailed written 
notice of a proposed suspension or revocation of the license, of the 
imposition of fines or of other adverse action proposed by the Tribal 
Council under this ordinance, the licensee may deliver to the Tribal 
Council a written request for hearing on whether the proposed action 
should be taken. A hearing on the issues shall be held before a person 
or persons appointed by the Tribal Council and a written decision will 
be issued. Such decision will be considered final unless an appeal is 
filed with the Tribal Court within 15 days of the date of mailing the 
decision to the licensee. The Tribal Court will then conduct a hearing 
and will issue an order, which is final with no further right of 
appeal. All proceedings conducted under this and any other sections of 
this ordinance shall be accord with due process of law.
    (8) Non-transferability of Licenses. Licenses issued by the Tribal 
Council shall not be transferable and may not be utilized by the person 
or entity in whose name it was issued.

Article VI. Taxes

    (1) Sales Tax. The Tribal Council shall have the authority, as may 
subsequently be specified under tribal law, to levy and to collect a 
tax on each retail sale of alcoholic beverage on the Kickapoo Tribe in 
Kansas Reservation. Based upon a percent of the retail sales price. All 
taxes from the sale of alcoholic beverages on the Kickapoo Tribe in 
Kansas Reservation shall be paid over to the General Treasury of the 
Kickapoo Tribe in Kansas.
    (2) Taxes Due. All taxes for the sale of liquor and alcoholic 
beverages on the Kickapoo Tribe in Kansas Reservation are due on the 
15th day of the month following the end of the calendar quarter for 
which the taxes are due.
    (3) Delinquent Taxes. Past due taxes shall accrue interest at 2% 
per month.
    (4) Reports. Along with payment of the taxes imposed herein, the 
taxpayer shall submit a quarterly accounting of all income from the 
sale or distribution of liquor, as well as for the taxes collected.
    (5) Audit. As a condition of obtaining a license, the licensee must 
agree to the review or audit of its book and records relating to the 
sale of liquor and alcoholic beverages on the Kickapoo Tribe in Kansas 
Reservation. Said review or audit may be done periodically by the Tribe 
or through its agents or employees whenever, in the opinion of the 
Tribal Council, such a review or audit is necessary to verify the 
accuracy of reports.

Article VII. Rules, Regulations and Enforcement

    (1) In any proceeding under this ordinance, conviction of one 
unlawful sale or distribution of liquor shall establish prima facie 
intent of unlawfully keeping liquor for sale, selling liquor or 
distributing liquor in violation of this ordinance.

[[Page 23425]]

    (2) Any person who shall in any manner sell or offer for sale or 
distribute or transport liquor in violation of this ordinance shall be 
subject to civil damages assessed by the Tribal Council.
    (3) Any person within the boundaries of the Kickapoo Tribe in 
Kansas Reservation who buys liquor from any person other than a 
properly licensed facility shall be guilty of a violation of this 
ordinance.
    (4) Any person who keeps or possess liquor upon his person or in 
any place or on premises conducted or maintained by his principal or 
agent with the intent to sell or distribute it contrary to the 
provisions of this title, shall be guilty of a violation of this 
ordinance.
    (5) Any person who knowingly sells liquor of a person under the 
influence of liquor shall be guilty of a violation of this ordinance.
    (6) Any person engaged wholly or in part in the business of 
carrying passengers for hire, and every agent, servant, or employee of 
such person, who shall knowingly permit any person to drink liquor in 
any public conveyance shall be guilty of an offense. Any person shall 
drink liquor in a public conveyance shall be guilty of a violation to 
this ordinance.
    (7) No person under the age of 21 years shall consume, acquire or 
have in his possession any liquor or alcoholic beverage. No person 
shall permit any other person under the of 21 to consume liquor on his 
premises or any premises under this control except in those situations 
set out in this section. Any person violating this section shall be 
guilty of a separate violation of this ordinance for each and every 
drink so consumed.
    (8) Any person who shall sell or provide any liquor to any person 
under the age of 21 years shall be guilty of a violation of this 
ordinance for each sale or drink provided.
    (9) Any person who transfers in any manner an identification of age 
to a person under the age of 21 years for the purpose of permitting 
such person to obtain liquor shall be guilty of an offense; provided, 
that corroborative testimony of a witness other than the underage 
person shall be a requirement of finding a violation of this ordinance.
    (10) Any person who attempts to purchase an alcoholic beverage 
through the use of false or altered identification which falsely 
purports to show the individual to over the age of 21 years shall be 
guilty of violating this ordinance.
    (11) Any person guilty of violation of this ordinance shall be 
liable to pay the Kickapoo Tribe in Kansas the amount of $500 per 
violation as civil damages to defray the Tribe's cost of enforcement of 
this ordinance.
    (12) When requested by the provider of liquor, any person shall be 
required to present official documentation of the bearer's age, 
signature and photograph. Official documentation includes one of the 
following:
    (a) Driver's license or identification card issued by any state 
department of motor vehicles;
    (b) United States Active Duty Military;
    (c) Passport.
    (13) Liquor which is possessed, including for sale, contrary to the 
terms of this ordinance are declared to be contraband. Any tribal 
agent, employee or officer who is authorized by the Tribal Council to 
enforce this section shall seize all contraband and preserve it in 
accordance with the provisions established for the preservation of 
impounded property.
    (14) Upon being found in violation of the ordinance, the party 
shall forfeit all right, title and interest in the items seized which 
shall become the property of the Kickapoo Tribe in Kansas.

Article VIII. Abatement

    (1) Any room, house building, vehicle, structure, or other place 
where liquor is sold, manufactured, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provisions of 
this ordinance or of any other tribal law relating to the manufacture, 
importation, transportation, possession, distribution, and sale of 
liquor, and all property kept in and used in maintaining such place, is 
hereby declared to be a nuisance.
    (2) The Chairman of the Tribal Council or, if the Chairman fails or 
refuses to do so, by a majority vote, the Tribal Council shall 
institute and maintain an action in the Tribal Court in the name of the 
Tribe to abate and per perpetually enjoin any nuisance declared under 
this article. In addition to other remedies at tribal law, the Tribal 
Court may also order the room, house, building, vehicle, structure, or 
place closed for a period of one (1) year or until the owner, lessee, 
tenant, or occupant thereof shall give bond a sufficient sum from 
$1,000 to $15,000, depending upon the severity of past offenses, the 
risk of offenses in the future and any other appropriate criteria, 
payable to the Tribe and conditioned that liquor will not be thereafter 
manufactured, kept, sold, bartered, exchanged, given away, furnished, 
or otherwise disposed of in violation of the provisions of this 
ordinance or of any other applicable tribal law and that he will pay 
all fines, costs and damages assessed against him for any violation of 
this ordinance or other tribal liquor laws. If any conditions of the 
bond be violated, the bond may be applied to satisfy any amounts due to 
the Tribe under this ordinance.
    (3) In all cased where any person has been found in violation of 
this ordinance relating to the manufacture, importation, 
transportation, possession, distribution, and sale of liquor, an action 
may be brought to abate as a nuisance any real estate or other property 
involved in the violation of the ordinance and violation of this 
ordinance shall be prima facie evidence that the room, house, building, 
vehicle, structure, or place against which such action is brought is a 
public nuisance.

Article IX. Revenue

    (1) Revenue provided for under this ordinance, from whatever 
source, shall be expended for administrative costs incurred in the 
enforcement of this ordinance. Excess funds shall be subject to 
appropriation by the Tribal Council for essential governmental and 
social services.

Article X. Severability and Effective Date

    (1) If any provision or application of this ordinance is determined 
by review to be invalid, such determination shall not be held to render 
ineffectual the remaining portions of this ordinance or to render such 
provisions in applicable to other persons or circumstances.
    (2) This ordinance shall be effective on such date as the Secretary 
of the Interior certifies this ordinance and published the same in the 
Federal Register.
    (3) Any and all prior liquor control enactments of the Tribal 
Council which are inconsistent with the provisions of this ordinance 
are hereby rescinded.

Article XI. Amendment and Construction

    (1) This ordinance may only be amended by a vote of the Tribal 
Council, the governing body of the Kickapoo Tribe in Kansas.
    (2) Nothing in this ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Kickapoo Tribe 
in Kansas or their tribal government.

[FR Doc. 2021-09196 Filed 4-30-21; 8:45 am]
BILLING CODE 4337-15-P