Liquor Control Ordinance; Catawba Indian Nation, 63053-63059 [2021-24770]
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Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices
(including the Secretary or his or her
designee, as well as the Assistant
Secretaries for Office of Public and
Indian Housing (PIH), Office of Policy,
Development, and Research (PD&R),
Office of Fair Housing and Equal
Opportunity (FHEO), Office of Field
Policy Management (FPM), Office of
Housing (FHA), Government National
Mortgage Association (Ginnie Mae), and
Office of Community Planning and
Development (CPD) or their designees)
and up to fifteen Tribal delegates. Up to
two Tribal delegates will represent each
of the six HUD ONAP regions. Up to
three remaining Tribal delegates will
serve at-large. Only duly elected or
appointed Tribal leaders may serve as
TIAC delegates or alternates of the
TIAC. The Secretary of HUD will
appoint the HUD representatives of the
TIAC. TIAC Tribal delegates will serve
a term of two years. To ensure
consistency between Tribal terms,
delegates will have a staggered term of
appointment. In order to establish a
staggered term of appointment, half of
the Tribal delegates appointed in the
inaugural year of the TIAC will serve
two years and the other half will serve
three years. Tribal delegates must
designate their preference to serve two
or three years; however, HUD will make
the final determination on which Tribal
delegates will serve two or three years.
Once these Tribal delegates complete
these initial terms, future Tribal
delegates will serve terms that last two
years. Should a delegate’s tenure as a
Tribal leader come to an end during
their appointment to the TIAC, the
delegate’s Tribe will nominate a
replacement, if not the already
nominated alternate.
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E. Function
The establishment of the TIAC is
intended to enhance government-togovernment relationships,
communications, and mutual
cooperation between HUD and Tribes. It
is not intended to, and will not, create
any right to administrative or judicial
review, or any other right or benefit or
trust responsibility, substantive or
procedural, enforceable by a party
against the United States, its agencies or
instrumentalities, its officers or
employees, or any other persons.
Dominique Blom,
General Deputy Assistant, Secretary for Public
and Indian Housing.
[FR Doc. 2021–24818 Filed 11–12–21; 8:45 am]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[222A2100DD/AASS003600/
A0T902020.999900.253G]
Liquor Control Ordinance; Catawba
Indian Nation
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
liquor control ordinance of the Catawba
Indian Nation. The liquor control statute
regulates and controls the sale,
purchase, transportation, manufacture,
consumption, and possession of
alcoholic beverages on the trust lands of
the Catawba Indian Nation [previously
known as Catawba Tribe of South
Carolina].
DATES: This Amendment is effective
December 15, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Rebecca J. Smith, Tribal Relations
Specialist, Eastern Regional Office,
Bureau of Indian Affairs, 545 Marriott
Drive, Suite 700, Nashville, Tennessee
37214, Telephone: (615) 564–6711, Fax:
(615) 564–6701.
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
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Nation’s General Council of the
Catawba Indian Nation duly adopted the
Nation’s Alcoholic Beverage Control
Ordinance on May 1, 2021.
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 Nation’s General Council
of the Catawba Indian Nation duly
adopted by The General Council of the
Catawba Indian Nation duly adopted the
Catawba Indian Nation’s Alcoholic
Beverage Control Ordinance on May 1,
2021.
The Catawba Indian Nation Alcoholic
Beverage Control Ordinance reads as
follows:
SUMMARY:
Catawba Indian Nation
Regulation of Alcoholic Beverages
Article 1—General Provisions
Sec. 18B–100.—General Prohibition
and Purpose
(a) This Ordinance is intended to
establish a uniform system of control
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over the sale, purchase, transportation,
manufacture, consumption, and
possession of alcoholic beverages on the
trust lands of the Catawba Indian
Nation, and to provide procedures to
insure the proper administration of the
tribal laws regulating alcoholic
beverages. This Ordinance shall be
liberally construed to the end that the
sale, purchase, transportation,
manufacture, consumption, and
possession of alcoholic beverages shall
be prohibited except as authorized in
this Ordinance.
(b) The introduction, transportation,
sale, or possession of intoxicating
beverages shall be lawful within the
Indian country of the Catawba Indian
Nation, provided that such introduction,
transportation, sale or possession
conforms in all respects to the laws of
both the State in which it occurs and the
Catawba Indian Nation, as both may be
amended from time to time. Any Tribal
laws, resolutions or ordinances
heretofore enacted which prohibit the
introduction, advertisement, sale or
possession of intoxicating beverages
within the Indian country of the
Catawba Indian Nation are hereby
repealed.
Sec. 18B–101.—Definitions
As used in this Ordinance, unless the
context requires otherwise:
(1) ‘‘Tribal ABC law’’ or ‘‘Tribal ABC
laws’’ means any provision in this
Ordinance, and the rules issued by the
Commission under the authority of this
Ordinance.
(2) ‘‘Tribal ABC permit’’ or ‘‘permits’’
means any written or printed
authorization issued by the Commission
pursuant to the provisions of this
Ordinance. Unless the context clearly
requires otherwise, as in the provisions
concerning applications for permits,
‘‘ABC permit’’ or ‘‘permit’’ means a
presently valid permit.
(3) ‘‘Alcoholic beverage’’ means any
beverage containing at least one-half of
one percent alcohol by volume,
including malt beverages, unfortified
wine, fortified wine, spirituous liquor,
and mixed beverages.
(4) [Reserved for future codification
purposes.]
(5) ‘‘Commission’’ means the Tribal
Alcoholic Beverage Control Commission
(‘‘TABCC’’).
(6) ‘‘Fortified wine’’ means any wine,
of more than 16 percent and no more
than 24 percent alcohol by volume,
made by fermentation from grapes,
fruits, berries, rice, or honey; or by the
addition of pure cane, beet, or dextrose
sugar; or by the addition of pure brandy
from the same type of grape, fruit, berry,
rice, or honey that is contained in the
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base wine and produced in accordance
with the regulations of the United
States.
(7) ‘‘Malt beverage’’ means beer, lager,
malt liquor, ale, porter, and any other
brewed or fermented beverage except
unfortified or fortified wine as defined
by this Ordinance, containing at least
one-half of one percent, and not more
than 15 percent, alcohol by volume.
Any malt beverage containing more than
six percent alcohol by volume shall bear
a label clearly indicating the alcohol
content of the malt beverage.
(8) ‘‘Mixed beverage’’ means either of
the following: a. A drink composed in
whole or in part of spirituous liquor and
served in a quantity less than the
quantity contained in a closed package.
b. A premixed cocktail served from a
closed package containing only one
serving.
(9) ‘‘Nontaxpaid alcoholic beverage’’
means any alcoholic beverage upon
which the taxes imposed by the United
States, the Catawba Indian Nation, or
any other territorial jurisdiction in
which the alcoholic beverage was
purchased have not been paid.
(10) ‘‘Permittee’’ means a person who
receives a Tribal ABC permit.
(11) ‘‘Person’’ means an individual,
firm, partnership, association,
corporation, limited liability company,
other organization or group, or other
combination of individuals acting as a
unit.
(12) ‘‘Premises’’ means any facility
licensed hereunder including, without
limitation, any tribal gaming facility.
(13) ‘‘Sale’’ means any transfer, trade,
exchange, or barter, in any manner or by
any means, for consideration.
(14) ‘‘Spirituous liquor’’ or ‘‘liquor’’
means distilled spirits or ethyl alcohol,
including spirits of wine, whiskey, rum,
brandy, gin and all other distilled spirits
and mixtures of cordials, liqueur, and
premixed cocktails, in closed containers
for beverage use regardless of their
dilution.
(15) [Reserved for future codification
purposes.]
(16) ‘‘Unfortified wine’’ means any
wine of 16 percent or less alcohol by
volume made by fermentation from
grapes, fruits, berries, rice, or honey; or
by the addition of pure cane, beet, or
dextrose sugar; or by the addition of
pure brandy from the same type of
grape, fruit, berry, rice, or honey that is
contained in the base wine and
produced in accordance with the
regulations of the United States.
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Sec. 18B–102.—Manufacture, Sale, etc.,
Forbidden Except as Expressly
Authorized
(a) General prohibition. It shall be a
violation for any person to manufacture,
sell, transport, import, deliver, furnish,
purchase, consume, or possess any
alcoholic beverages except as authorized
by the Tribal ABC law.
(b) Violation. Unless a different
punishment is otherwise expressly
stated, any person who violates any
provision of this Ordinance shall be
subject to a civil fine in an amount not
less than $250 and not more than $5,000
for each violation.
Secs. 18B–103, 18B–104.—Reserved
Sec. 18B–105.—Advertising
General Rule. No person shall
advertise alcoholic beverages on Tribal
trust land except in compliance with the
rules of the Commission.
Secs. 18B–106—18B–108.—Reserved
Sec. 18B–109.—Shipping of Products
for Resale
No person shall have malt beverages
or unfortified wine shipped directly
from a point outside the state to a
destination within the Catawba Indian
Nation for resale within the Indian
country of the Catawba Indian Nation.
Sec. 18B–110.—Emergency
When the Chief of the Catawba Indian
Nation finds that a ‘‘state of
emergency,’’ as defined by Tribal law,
exists anywhere on Tribal land, he may
order the cessation of all sales,
transportation, manufacture, and
bottling of alcoholic beverages.
The Chief’s order shall apply in those
portions of Tribal land designated in the
order, for the duration of the state of
emergency. Any order by the Chief
under this section shall be directed to
the Chairman of the Commission.
Sec. 18B–111.—Nontaxpaid Alcoholic
Beverages
No person may possess, transport, or
sell nontaxpaid alcoholic beverages
except as authorized by the Tribal ABC
law.
Sec. 18B–112.—Tribal Alcoholic
Beverage Control
(a) The Tribal Alcoholic Beverage
Control Commission shall possess the
same powers and authority within the
Indian country of the Catawba Indian
Nation as conveyed upon state
administrative agencies that regulate
alcoholic beverages.
(b) Alcoholic beverages which may be
sold. No alcoholic beverage may be sold
on Indian country lands under the
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jurisdiction of the Catawba Indian
Nation pursuant to this section which
has not been approved for sale in the
state in which the sale occurs.
(c) Establishment of a Tribal
Commission. The Tribal Commission
shall have authority to issue ABC
permits to retail and commercial
establishments, located wholly within
the Indian country of the Catawba
Indian Nation, and to regulate the
purchase, possession, consumption,
sale, and delivery of alcoholic beverages
at permitted outlets and premises. The
fees generated by the Tribal Alcoholic
Beverage Control Commission for the
issuance of retail permits may be
retained by the Catawba Indian Nation
to offset costs of operating the Tribal
Alcoholic Beverage Control
Commission.
(d) Establishment of rules. The Tribal
Alcoholic Beverage Control Commission
shall adopt state rules regulating retail
outlet activity as may be required under
applicable law, and such rules may be
site-specific.
(e) Recognition of Applicable State
Authority. The Tribal Alcoholic
Beverage Control Commission has the
authority to enter into agreements with
states to provide for the sale, delivery,
and distribution of spirituous liquor to
the Tribal Alcoholic Beverage Control
Commission. When required and able to
do so under applicable law, the Tribal
Alcoholic Beverage Control Commission
shall purchase spirituous liquor for
resale by the Tribal Alcoholic Beverage
Control Commission exclusively from
the state or state-approved vendors at
the same price and on the same basis
that such spirits are purchased by local
entities. To the extent there is a conflict
between the Tribal Alcoholic Beverage
Control Commission’s authority or
purpose and the state’s authority or
purpose, the state’s authority or purpose
shall prevail, to the extent there is no
conflict of law as provided in subsection
(i) below.
(f) Discrimination. The Tribal
Alcoholic Beverage Control Commission
shall not discriminate against nonIndians in the application of the Tribal
ABC law. Non-Indians shall be entitled
to apply for and receive ABC permits in
the same manner as an Indian on Indian
country lands under the jurisdiction of
the Catawba Indian Nation.
(g) Resolution of Contested Cases. If
the Tribal Alcoholic Beverage Control
Commission levies a fine, or suspends
or revokes a permit pursuant to
applicable law for a violation of the
provisions applicable to the Catawba
Indian Nation in this section, the
permittee shall have the right of appeal
of an agency final decision of the Tribal
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Commission to the Tribal Courts, if
formed at the time of the Commission’s
final decision. Any further appeal shall
be to the appellate courts of the Nation,
if formed. In the absence of a Tribal
Court, appeal shall be had to the
Executive Committee, the results of
which appeal shall be final. All fines
paid to the Tribal Commission in
satisfaction of any penalty assessed by
the Tribal Commission may be retained
by the Catawba Indian Nation to offset
costs of operating the Tribal Alcoholic
Beverage Control Commission.
(h) Failure to comply with state law.
The Nation shall conform to future
amendments to state law as may be
required by 18 U.S.C. 1161.
(i) Conflict of laws. The Nation does
not believe any provision of this
Ordinance or the application of any
related state law presents a conflict with
federal law. In the event such conflict
arises, this Ordinance shall be
interpreted in a manner that resolves the
conflict in favor of applicable federal
law.
Secs. 18B–113—18B–119.—Reserved
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Sec. 18B–120.—Additional Definitions
As used in this Article:
(1) ‘‘Aggrieved party’’ means a person
who sustains an injury as a consequence
of the actions of the underage person,
but does not include the underage
person or a person who aided or abetted
in the sale or furnishing to the underage
person.
(2) ‘‘Injury’’ includes, but is not
limited to, personal injury, property
loss, loss of means of support, or death.
Damages for death shall be determined
by the Court. Nothing in subdivision (1)
of this section shall be interpreted to
preclude recovery under this Article for
loss of support or death on account of
injury to or death of the underage
person or a person who aided or abetted
in the sale or furnishing to the underage
person.
(3) ‘‘Underage’’ person means a
person who is less than the age legally
required for purchase of the alcoholic
beverage in question.
(4) ‘‘Vehicle’’ shall have the same
meaning as prescribed by North
Carolina G.S § 20–4.01(49).
Sec. 18B–121.—Claim for Relief Created
for Sale to Underage Person
An aggrieved party has a claim for
relief for damages, in the Nation’s
courts, if formed, against a permittee if:
(1) The permittee or his agent or
employee negligently sold or furnished
an alcoholic beverage to an underage
person; and
(2) The consumption of the alcoholic
beverage that was sold or furnished to
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an underage person caused or
contributed to, in whole or in part, an
underage driver’s being subject to an
impairing substance, as defined in the
laws of the state where the beverage was
sold or furnished, at the time of the
injury; and
(3) The injury that resulted was
proximately caused by the underage
driver’s negligent operation of a vehicle
while so impaired.
Sec. 18B–122.—Burden of Proof and
Admissibility of Evidence
The plaintiff shall have the burden of
proving that the sale or furnishing of the
alcoholic beverage to the underage
person, as defined, was, under the
circumstances, negligent. Proof of the
sale or furnishing of the alcoholic
beverage to an underage person, as
defined, without request for
identification shall be admissible as
evidence of negligence. Proof of good
practices (including but not limited to,
instruction of employees as to laws
regarding the sale of alcoholic
beverages, training of employees,
enforcement techniques, admonishment
to patrons concerning laws regarding
the purchase or furnishing of alcoholic
beverages, or detention of a person’s
identification documents in accordance
with Section 18B–129 and inquiry about
the age or degree of intoxication of the
person), evidence that an underage
person misrepresented his age, or that
the sale or furnishing was made under
duress is admissible as evidence that the
permittee was not negligent.
Sec. 18B–123.—Limitation on Damages
The total amount of damages that may
be awarded to all aggrieved parties
pursuant to any claims for relief under
this Article is limited to no more than
$500,000.00 per occurrence. When all
claims arising out of an occurrence
exceed $500,000.00, each claim shall
abate in the proportion it bears to the
total of all claims.
Sec. 18B–124.—Joint and Several
Liability
The liability of the negligent driver or
owner of the vehicle that caused the
injury and the permittee which sold or
furnished the alcoholic beverage shall
be joint and several, with right of
contribution but not indemnification.
Sec. 18B–125.—Reserved
Sec. 18B–126.—Statute of Limitations
The statute of limitations is three
years from the date of the injury.
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Secs. 18B–127, 18B–128.—Reserved
Sec. 18B–129.—No Liability for Refusal
to Sell or for Holding Documents
(a) No permittee or his agent or
employee may be held liable for
damages resulting from the refusal to
sell or furnish an alcoholic beverage to
a person who fails to show proper
identification as described in Section
18B–302(d), or who appears to be an
underage person.
(b) No permittee or his agent or
employee may be held civilly liable if
the permittee or his agent or employee
holds a customer’s identification
documents for a reasonable length of
time in a good faith attempt to
determine whether the customer is of
legal age to purchase an alcoholic
beverage, provided the permittee or his
agent or employee informs the customer
of the reason for his actions.
Secs. 18B–130—18B–199.—Reserved
Article 2—Administration
Sec. 18B–200.—Tribal Alcoholic
Beverage Control Commission
(a) Creation of Commission;
compensation. The Tribal Alcoholic
Beverage Control Commission shall
consist of at least three members: One
Chairman and two associate members.
The Commissioners shall receive
compensation and benefits at a level
determined by Executive Committee
resolution. This compensation shall be
included in the Commission’s annual
budget. Commissioners shall be
reimbursed for actual expenses incurred
on Commission business, including
necessary travel expenses.
(b) Appointment of members.
Members of the Commission shall be
nominated by the Chief and confirmed
by the Executive Committee by written
resolution. Each member’s term shall
begin on the date of such resolution. At
least one seat must be filled by a
Catawba citizen.
(c) Nominees to the Commission shall
be selected on the basis of their
commitment to the interests and goals of
the Commission without forgetting the
interests of the Catawba Indian Nation
community, their preparedness to
assume responsibility for the decisions
of the Commission and to ensure that
said decisions are implemented, and
their willingness to devote the time and
energy necessary to familiarize
themselves with the strategic, financial
and operational issues facing the
Commission.
(d) Terms of members. Commission
member shall initially serve for one,
two, and three-year terms. Thereafter,
each Commission member shall serve
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for a three-year term. The Commissioner
shall elect their own officers at the start
of each fiscal year. A Commission
member may be removed for cause by a
majority vote of the Executive
Committee. Nothing in this ordinance
shall be construed to preclude a member
of the Commission from serving
successive terms.
(e) Vacancy. The Chief shall fill any
vacancy on the Commission by
appointing a successor within 30 days
after the date on which the vacancy
becomes effective subject to approval by
Executive Committee. If the Chairman’s
seat becomes vacant, the Vice Chairman
shall immediately assume the
Chairman’s seat and complete the
remaining term of the vacating
Chairman. A new member of the
Commission will be appointed by the
Chief, subject to approval by Executive
Committee, to complete the remaining
term of the former Vice Chairman. The
Commission will then elect a new Vice
Chairman.
(f) Employees. The chairman is
authorized to employ, discharge, and
otherwise supervise subordinate
personnel of the Commission.
(g) Independence. The Commission
shall be an independent agency. No
prior or subsequent review by the Chief,
Executive Committee, the Nation’s
Gaming Commission or the Nation’s
gaming enterprises shall be required or
permitted, except as otherwise
explicitly provided in this ordinance.
(h) Sovereign Immunity of the
Commission. The Commission, as an
instrumentality of the Nation, retains all
of the Nation’s rights, privileges and
immunities, including sovereign
immunity from suit.
(i) Oath of Office. Prior to beginning
their official duties, each member of the
Commission shall take the following
oath before some officer authorized to
administer oaths: ‘‘I do solemnly swear
(or affirm) that I will faithfully execute
the duties of Commissioner as a member
of the Tribal Alcoholic Beverage Control
Commission and will to the best of my
ability, preserve, protect and defend the
constitution and governing document
and laws confirmed and ratified by the
enrolled members of the Catawba Indian
Nation. I do solemnly swear (or affirm)
that I have not obtained my
appointment to this Commission by
bribery or any undue or unlawful means
or fraud, and that in all measures which
may come before me, I will so conduct
myself as in my judgment shall appear
most conductive to the interest and
prosperity of the Catawba Indian
Nation.’’
(j) All Commissioners will be subject
to initial and subsequent random drug
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testing per the Tribal personnel policy.
Refusal to submit to any drug testing or
a positive test result shall result in an
immediate dismissal from the
Commission. Drug testing shall be paid
from the annual budget of the
Commission.
(k) All Commissioners are subject to
the same criminal background checks as
members of the Nation’s Gaming
Commission. Each Commissioner is
required to update their information.
Sec. 18B–201.—Conflict of Interest
(a) Financial interests restricted. No
person shall be appointed to or
employed by the Commission if that
person or a member of that person’s
family related to that person by blood or
marriage to the first degree has or
controls, directly or indirectly, a
financial interest in any commercial
alcoholic beverage enterprise, including
any business required to have a Tribal
ABC permit. The Commission may
exempt from this provision any person,
other than a Commission member, when
the financial interest in question is so
insignificant or remote that it is unlikely
to affect the person’s official actions in
any way. Exemptions may be granted
only to individuals, not to groups or
classes of people, and each exemption
shall be in writing, be available for
public inspection, and contain a
statement of the financial interest in
question. For purposes of this Section
18B–201, Tribal membership and the
receipt of benefits from the Nation as a
citizen shall not be construed as a
‘‘financial interest.’’
(b) Self-dealing. The Commission
shall not contract or otherwise deal in
any business matter so that a member in
any way benefits, directly or indirectly,
from the transaction.
(1) No Commission member may have
a financial interest in any operation or
entity licensed, permitted, or otherwise
authorized pursuant to this ordinance.
However, nothing in this section shall
prohibit any Commission member from
having a financial interest as would any
citizen of the Nation, if entitled to such
interest as a citizen of the Nation.
(2) No Commission member shall
accept any gift or other thing of value
from any applicant, licensee, or
permittee under this ordinance, except
for non-monetary gifts of insignificant
value received in the ordinary course of
business or food and refreshments
customarily made available in the
ordinary course of meetings.
(c) Dealing for family members.
Neither the Commission shall contract
or otherwise deal in any business matter
so that a member’s spouse or any person
related to him by blood to a degree of
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first cousin or closer in any way
benefits, directly or indirectly, from the
transaction unless:
(1) The member whose relative
benefits from the transaction abstains
from participating in any way, including
voting, in the decision;
(2) The minutes of the meeting at
which the final decision is reached
specifically note the member whose
spouse or relative is benefited and the
amount involved in each transaction;
and
(3) The next annual audit of the
Commission or local board specifically
notes the member and the amount
involved in each transaction occurring
during the year covered by the audit.
Sec. 18B–202.—Reserved
Sec. 18B–203.—Powers and Duties of
the Commission
(a) Powers. The Commission shall
have authority to:
(1) Administer the Tribal ABC laws;
(2) Provide for enforcement of the
Tribal ABC laws, in conjunction with
state regulatory authorities;
(3) Issue ABC permits as allowed
under this Ordinance;
(4) Adopt rules and procedures for the
issuance and enforcement of ABC
permits;
(5) Administer an annual budget with
said budget to be approved annually by
the Executive Committee;
(6) Act as the distributor of all alcohol
on Tribal trust lands. Spirituous liquor
and fortified wine shall be purchased by
TABCC according to applicable law.
Malt beverages and unfortified wine
shall be purchased from stateauthorized distributors and may be
redistributed from a TABCC warehouse
or authorized to be delivered directly to
TABCC authorized permittee, within the
Indian country of the Catawba Indian
Nation if authorized to do so under
applicable law; and
(7) Issue any retail ABC license or
permit issued by state regulatory
agencies, including a temporary license
or permit. Negotiate and enter into
contract with state regulatory agencies
for purchase of spirituous liquor and
fortified wine; and
(8) Adopt fiscal control rules
concerning the borrowing of money,
maintenance of working capital,
investments, appointment of a financial
officer, the daily deposit of funds and
any other rules necessary to assure the
proper accountability of public funds.
(b) Implied powers. The Commission
shall have all other powers which may
be reasonably implied from the granting
of the express powers stated in
subsection (a), or which may be
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incidental to, or convenient for,
performing the duties given to the
Commission.
Sec. 18B–204.—Reserved
Sec. 18B–205.—Accounts, Reports and
Audits Required
(a) Accounts and reports. The
Commission shall be required to submit
to Executive Committee and to the Chief
such reports as may be required by
Executive Committee.
(b) Annual independent audit. The
Commission shall engage independent
auditors for annual audits of its internal
operations. Such independent audits
must apply generally accepted
accounting principles.
Secs. 18B–206—18B–299.—Reserved
Article 3—Sale, Possession, and
Consumption
Sec. 18B–300.—Purchase, Possession
and Consumption of Malt Beverages,
Fortified and Unfortified Wine, Mixed
Beverages and Spirituous Liquors
Generally. Except as otherwise
provided in this Ordinance, the
purchase, consumption, and possession
of malt beverages, fortified and
unfortified wine, mixed beverages and
spirituous liquors by individuals 21
years old and older for their own use is
permitted upon any licensed Premises
without restriction. All alcoholic
beverages sold upon any licensed
Premises must be consumed or disposed
of upon these premises. No off-premises
sale of alcoholic beverages from a
permittee is allowed.
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Sec. 18B–301.—Reserved
Sec. 18B–302.—Sale to or Purchase by
Underage Persons
(a) Sale. It shall be a violation for any
person to:
(1) Sell malt beverages or unfortified
wine to anyone less than 21 years old;
or
(2) Sell fortified wine, spirituous
liquor, or mixed beverages to anyone
less than 21 years old.
(a1) Give. It shall be a violation for
any person to:
(1) Give malt beverages or unfortified
wine to anyone less than 21 years old;
or
(2) Give fortified wine, spirituous
liquor, or mixed beverages to anyone
less than 21 years old.
(b) Purchase, possession, or
consumption. It shall be a violation for:
(1) A person less than 21 years old to
purchase, to attempt to purchase, or to
possess malt beverages or unfortified
wine; or
(2) A person less than 21 years old to
purchase, to attempt to purchase, or to
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possess fortified wine, spirituous liquor,
or mixed beverages; or
(3) A person less than 21 years old to
consume any alcoholic beverage.
(c) Aider and abettor.
(1) By underage person. Any person
who is under the lawful age to purchase
and who aids or abets another in
violation of subsection (a), (a1), or (b) of
this section shall be in violation of this
ordinance.
(2) By person over lawful age. Any
person who is over the lawful age to
purchase and who aids or abets another
in violation of subsection (a), (a1), or (b)
of this section shall be in violation of
this ordinance.
(d) Defense. It shall be a defense to a
violation of subsection (a) of this section
if the seller:
(1) Shows that the purchaser
produced a tribal identification card,
state identification card, a military
identification card, or a passport,
showing his age to be at least the
required age for purchase and bearing a
physical description of the person
named on the card reasonably
describing the purchaser; or
(2) Produces evidence of other facts
that reasonably indicated at the time of
sale that the purchaser was at least the
required age.
(e) Fraudulent use of identification. It
shall be a violation for any person to
enter or attempt to enter a place where
alcoholic beverages are sold or
consumed, or to obtain or attempt to
obtain alcoholic beverages, or to obtain
or attempt to obtain permission to
purchase alcoholic beverages, in
violation of subsection (b) of this
section, by using or attempting to use
any of the following:
(1) A fraudulent or altered driver’s
license.
(2) A fraudulent or altered
identification document other than a
driver’s license.
(3) A driver’s license issued to
another person.
(4) An identification document other
than a driver’s license issued to another
person.
(5) Any other form or means of
identification that indicates or
symbolizes that the person is not
prohibited from purchasing or
possessing alcoholic beverages under
this section.
(f) Allowing use of identification. It
shall be a violation for any person to
permit the use of the person’s driver’s
license or any other form of
identification of any kind issued or
given to the person by any other person
who violates or attempts to violate
subsection (b) of this section.
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(g) Report sent to Division of Motor
Vehicles. The Commission shall file a
report with the appropriate state
Division of Motor Vehicles indicating
the name of the person found to have
violated this section and any other
information requested by the Division if
the person is found to have committed
any of the following violations:
(1) A violation of subsection (e) or (f)
of this section.
(2) A violation of subsection (c) of this
section.
(3) A violation of subsection (b) of this
section, if the violation occurred while
the person was purchasing or
attempting to purchase an alcoholic
beverage.
(4) A violation of subsection (a1) of
this section.
(h) Handling in course of
employment. Nothing in this section
shall be construed to prohibit an
underage person from selling,
transporting, possessing or dispensing
alcoholic beverages in the course of
employment, if the employment of the
person for that purpose is lawful under
applicable youth employment statutes
and Commission rules.
Sec. 18B–302.1.—Penalties for Certain
Offenses Related to Underage Persons
(a) A violation of Section 18B–302(a)
or (a1). A person found to have violated
Section 18B–302(a) or (a1) must pay a
fine of at least $250.00, with the amount
of such fine increasing by $250 for all
prior violations incurred during the
preceding two years from the date of the
violation.
(b) A violation of Section 18B–
302(c)(2). A person found to have
violated Section 18B–302(c)(2) must pay
a fine of at least $500.00, with the
amount of such fine increasing by $500
for all prior violations incurred during
the preceding three years from the date
of the violation.
Secs. 18B–303, 18B–304.—Reserved
Sec. 18B–305.—Other Prohibited Sales
(a) Sale to intoxicated person. It shall
be a violation for a permittee or his
employee to knowingly sell or give
alcoholic beverages to any person who
is intoxicated.
(b) Discretion for seller. Any person
authorized to sell alcoholic beverages
under this Ordinance may, in his
discretion, refuse to sell to anyone. It
shall be a violation for any person to
knowingly buy alcoholic beverages for
someone who has been refused the right
to purchase under this subsection.
(c) Notwithstanding subsection (b) of
this section, no permittee may refuse to
sell alcoholic beverages to a person
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Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices
Secs. 18B–501—18B–599.—Reserved
Secs. 18B–901—18B–999.—Reserved
Article 6—Reserved
Article 10—Retail Activity
Article 7—Sales
Secs. 18B–1000—18B–1003.—Reserved
Sec. 18B–700—Retail Sale of Alcoholic
Beverages
Sec. 18B–1004.—Hours for Sale and
Consumption
It shall be a violation of this
Ordinance to sell alcoholic beverages on
any licensed premises during hours
when such sales are prohibited by either
TABCC regulations or prevailing state
law.
Secs. 18B–307—18B–399.—Reserved
Spirituous liquor, fortified and
unfortified wine and malt beverages
may be offered for retail sale only under
the provisions of a permit issued by
TABCC as authorized by the provisions
of this ordinance. TABCC shall operate
any retail spirituous and fortified wine
store that may in the future be
authorized. TABCC shall also be
authorized to operate a retail malt
beverage and unfortified wine store,
subject to applicable law.
Article 4—Reserved
Secs. 18B–701—18B–799.—Reserved
Article 5—Enforcement
Article 8—Operation of ABC
Warehouse
solely based on that person’s race,
religion, color, national origin, sex, or
disability.
Sec. 18B–306.—Sale and Consumption
at Casinos and Hotels
It shall be lawful to possess and
consume any alcoholic beverage that is
purchased in any room of a licensed
casino while a casino game, raffle game
or bingo game is being conducted in that
room so long as all Class II and Class III
games being conducted are within the
lawful authority of the Indian Gaming
Regulatory Act (IGRA) and the federally
approved Tribal-state compact and all
amendments thereto.
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Sec. 18B–500.—Tribal Alcohol
Enforcement Agents
(a) Appointment. The TABCC may
appoint a Chief Tribal alcohol
enforcement agent. The Chair of the
TABCC or the Chair’s designee shall
have the authority to supervise day-today activities of the Chief alcohol lawenforcement agent or the Chair’s
designee. The Chief Tribal alcohol
enforcement agent may appoint, with
the approval of the TABCC, Tribal
alcohol law-enforcement agents and
other enforcement personnel. Tribal
alcohol law-enforcement agents shall be
designated as ‘‘Tribal alcohol
enforcement agents.’’
(b) Subject matter jurisdiction. After
taking the oath prescribed for a peace
officer, a Tribal alcohol enforcement
agent shall have authority to take all
investigatory actions and refer any
criminal offenses to appropriate law
enforcement authorities for further
investigation and prosecution.
(c) Territorial jurisdiction. A Tribal
alcohol enforcement agent is a Tribal
officer with jurisdiction throughout the
Indian country of the Catawba Indian
Nation.
(d) Service of commission orders.
Tribal alcohol enforcement agents may
serve and execute notices, orders, or
demands issued by the TABCC for the
surrender of permits or relating to any
administrative proceeding. While
serving and executing such notices,
orders, or demands, alcohol lawenforcement agents shall have all the
power and authority to request the
assistance of appropriate law
enforcement authorities in the event
criminal conduct is suspected and
arrests are anticipated.
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Sec. 18B–800.—Purchase From State
Until Tribe Establishes Wholesale
Distribution System
All alcoholic beverages authorized to
be sold shall be purchased by the
permittee from TABCC or as directed by
TABCC.
Secs. 18B–801—18B–803.—Reserved
Sec. 18B–804.—Alcoholic Beverage
Pricing
The uniform pricing of spirits sold to
permittees and the public shall be the
same uniform price as published by
state law, if required under applicable
law. Where a tax or markup is imposed
in this section, the TABCC is authorized
to impose the same tax or markup as a
Tribal tax or markup, where
appropriate, and to utilize such tax or
markup in operations of TABCC and
profits after operation shall be
distributed as determined by the
Executive Committee.
Secs. 18B–805—18B–899.—Reserved
Article 9—Issuance of Permits
Sec. 18B–900.—Nation’s Gaming
Enterprises Eligible for ABC Permit
The Nation’s gaming enterprises shall
be eligible to receive and to hold a
Tribal ABC permit for the retail sale of
alcoholic beverages on the premises of
the Kings Mountain gaming facility and
all additional gaming facilities
authorized by the Commission. At the
request of the Nation’s gaming
enterprises, TABCC is authorized to
issue a permit to a contracted or leased
facility providing a service for the
Nation’s gaming enterprises on the
premises of Kings Mountain facilities.
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Sec. 18B–1005.—Conduct on Licensed
Premises
(a) Certain conduct. It shall be a
violation for a permittee or his agent or
employee to knowingly allow any of the
following kinds of conduct to occur on
his licensed premises:
(1) Any violation of this Ordinance;
(2) Any unsanctioned fighting or other
disorderly conduct that can be
prevented without undue danger to the
permittee, his employees or patrons; or
(3) Any violation of the controlled
substances or prostitution statutes, or
any other unlawful acts.
(b) Supervision. It shall be a violation
for a permittee to fail to superintend in
person or through a manager the
business for which a permit is issued.
Sec. 18B–1006.—Reserved
Sec. 18B–1007.—Additional
Requirements for Mixed Beverages
Permittees
(a) Handling bottles. It shall be a
violation for a mixed beverages
permittee or the permittee’s agent or
employee to do any of the following:
(1) Store any other spirituous liquor
with liquor possessed for resale in
mixed beverages or from a guest room
cabinet.
(2) Refill any spirituous liquor
container having a mixed beverages tax
stamp with any other alcoholic beverage
or add to the contents of such a
container any other alcoholic beverage.
(3) Transfer from one container to
another a mixed beverages tax stamp.
(4) Possess any container of spirituous
liquor not bearing a mixed beverages tax
stamp, except for containers being
brought onto the premises by the host of
a private function under a special
occasion permit.
(b) Price list. Each mixed beverages
permittee shall have available for its
customers the printed prices of the most
common or popular mixed beverages
offered for sale by the permittee.
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Federal Register / Vol. 86, No. 217 / Monday, November 15, 2021 / Notices
Article 11—Amendments
Sec. 18B–1100.—Approval Process;
Authority of the Executive Committee
To Amend This Ordinance
In approving this Ordinance for the
regulation of alcoholic beverages, the
General Council hereby expressly
authorizes the Executive Committee to
amend as necessary the provisions of
this Ordinance, without the need for
further review or approval by the
General Council, to address issues
raised by the federal government in
order to secure the Ordinance’s
approval and as necessary to obtain the
applicable regulatory approvals, and
such amendments shall be fully
incorporated herein and shall be
binding upon the Nation in accordance
with their terms. If the Executive
Committee exercises this authority to
amend this Ordinance it shall thereafter
inform the General Council of those
amendments no later than the next
meeting of the General Council.
Bryan Newland,
Assistant Secretary—Indian Affairs.
[FR Doc. 2021–24770 Filed 11–12–21; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO956000 L14400000.BJ0000 22X]
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 U.S.
Forest Service and 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 December 15, 2021.
ADDRESSES: You may submit a written
protest to the BLM Colorado State
Office, Cadastral Survey, 2850
Youngfield Street, Lakewood, CO
80215–7210.
FOR FURTHER INFORMATION CONTACT:
Janet Wilkins, Chief Cadastral Surveyor
for Colorado, telephone: (303) 239–
3818; email: j1wilkin@blm.gov. Persons
who use a telecommunications device
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SUMMARY:
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for the deaf may call the Federal Relay
Service at 1–800–877–8339 to contact
Ms. Wilkins during normal business
hours. The Service is available 24 hours
a day, 7 days a week, to leave a message
or question. You will receive a reply
during normal business hours.
The plat,
in two sheets, incorporating the field
notes of the dependent resurvey and
subdivision of section 21 in Township
9 South, Range 70 West, Sixth Principal
Meridian, Colorado, was accepted on
September 10, 2021.
The plat incorporating the field notes
of the survey in unsurveyed Townships
41 North, Ranges 7 and 8 West, New
Mexico Principal Meridian, Colorado,
was accepted on September 24, 2021.
The plat, in two sheets, incorporating
the field notes of the corrective
dependent resurvey and survey in
partially surveyed Township 19 South,
Range 73 West, Sixth Principal
Meridian, Colorado, was accepted on
September 30, 2021.
The plat, in two sheets, incorporating
the field notes of the survey in
Townships 42 North, Ranges 7 and 8
West, New Mexico Principal Meridian,
Colorado, was accepted on September
30, 2021.
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 of
the survey is received prior to the date
of official filing, the filing will be stayed
pending consideration of the protest. A
plat will not be officially filed until the
day after all protests have been
dismissed or otherwise resolved.
Before including your address, phone
number, email address, or other
personal identifying information in your
protest, please be aware that your entire
protest, including your personal
identifying information, may be made
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
SUPPLEMENTARY INFORMATION:
(Authority: 43 U.S.C. Chap. 3)
Janet Wilkins,
Chief Cadastral Surveyor.
[FR Doc. 2021–24832 Filed 11–12–21; 8:45 am]
BILLING CODE 4310–JB–P
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63059
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
[RR83550000, 223R5065C6,
RX.59389832.1009676]
Quarterly Status Report of Water
Service, Repayment, and Other WaterRelated Contract Actions
Bureau of Reclamation,
Interior.
ACTION: Notice of contract actions.
AGENCY:
Notice is hereby given of
contractual actions that have been
proposed to the Bureau of Reclamation
(Reclamation) and are new,
discontinued, or completed since the
last publication of this notice. This
notice is one of a variety of means used
to inform the public about proposed
contractual actions for capital recovery
and management of project resources
and facilities consistent with section 9(f)
of the Reclamation Project Act of 1939.
Additional announcements of
individual contract actions may be
published in the Federal Register and in
newspapers of general circulation in the
areas determined by Reclamation to be
affected by the proposed action.
ADDRESSES: The identity of the
approving officer and other information
pertaining to a specific contract
proposal may be obtained by calling or
writing the appropriate regional office at
the address and telephone number given
for each region in the SUPPLEMENTARY
INFORMATION section of this notice.
FOR FURTHER INFORMATION CONTACT:
Michelle Kelly, Reclamation Law
Administration Division, Bureau of
Reclamation, P.O. Box 25007, Denver,
Colorado 80225–0007; mkelly@usbr.gov;
telephone 303–445–2888.
SUPPLEMENTARY INFORMATION: Consistent
with section 9(f) of the Reclamation
Project Act of 1939, and the rules and
regulations published in 52 FR 11954,
April 13, 1987 (43 CFR 426.22),
Reclamation will publish notice of
proposed or amendatory contract
actions for any contract for the delivery
of project water for authorized uses in
newspapers of general circulation in the
affected area at least 60 days prior to
contract execution. Announcements
may be in the form of news releases,
legal notices, official letters,
memorandums, or other forms of
written material. Meetings, workshops,
and/or hearings may also be used, as
appropriate, to provide local publicity.
The public participation procedures do
not apply to proposed contracts for the
sale of surplus or interim irrigation
water for a term of 1 year or less. Either
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63053-63059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24770]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[222A2100DD/AASS003600/A0T902020.999900.253G]
Liquor Control Ordinance; Catawba Indian Nation
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the liquor control ordinance of the
Catawba Indian Nation. The liquor control statute regulates and
controls the sale, purchase, transportation, manufacture, consumption,
and possession of alcoholic beverages on the trust lands of the Catawba
Indian Nation [previously known as Catawba Tribe of South Carolina].
DATES: This Amendment is effective December 15, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Rebecca J. Smith, Tribal Relations
Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545
Marriott Drive, Suite 700, Nashville, Tennessee 37214, Telephone: (615)
564-6711, Fax: (615) 564-6701.
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 ordinances for the purpose of regulating
liquor transactions in Indian country. The Nation's General Council of
the Catawba Indian Nation duly adopted the Nation's Alcoholic Beverage
Control Ordinance on May 1, 2021.
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 Nation's General Council of the Catawba
Indian Nation duly adopted by The General Council of the Catawba Indian
Nation duly adopted the Catawba Indian Nation's Alcoholic Beverage
Control Ordinance on May 1, 2021.
The Catawba Indian Nation Alcoholic Beverage Control Ordinance
reads as follows:
Catawba Indian Nation
Regulation of Alcoholic Beverages
Article 1--General Provisions
Sec. 18B-100.--General Prohibition and Purpose
(a) This Ordinance is intended to establish a uniform system of
control over the sale, purchase, transportation, manufacture,
consumption, and possession of alcoholic beverages on the trust lands
of the Catawba Indian Nation, and to provide procedures to insure the
proper administration of the tribal laws regulating alcoholic
beverages. This Ordinance shall be liberally construed to the end that
the sale, purchase, transportation, manufacture, consumption, and
possession of alcoholic beverages shall be prohibited except as
authorized in this Ordinance.
(b) The introduction, transportation, sale, or possession of
intoxicating beverages shall be lawful within the Indian country of the
Catawba Indian Nation, provided that such introduction, transportation,
sale or possession conforms in all respects to the laws of both the
State in which it occurs and the Catawba Indian Nation, as both may be
amended from time to time. Any Tribal laws, resolutions or ordinances
heretofore enacted which prohibit the introduction, advertisement, sale
or possession of intoxicating beverages within the Indian country of
the Catawba Indian Nation are hereby repealed.
Sec. 18B-101.--Definitions
As used in this Ordinance, unless the context requires otherwise:
(1) ``Tribal ABC law'' or ``Tribal ABC laws'' means any provision
in this Ordinance, and the rules issued by the Commission under the
authority of this Ordinance.
(2) ``Tribal ABC permit'' or ``permits'' means any written or
printed authorization issued by the Commission pursuant to the
provisions of this Ordinance. Unless the context clearly requires
otherwise, as in the provisions concerning applications for permits,
``ABC permit'' or ``permit'' means a presently valid permit.
(3) ``Alcoholic beverage'' means any beverage containing at least
one-half of one percent alcohol by volume, including malt beverages,
unfortified wine, fortified wine, spirituous liquor, and mixed
beverages.
(4) [Reserved for future codification purposes.]
(5) ``Commission'' means the Tribal Alcoholic Beverage Control
Commission (``TABCC'').
(6) ``Fortified wine'' means any wine, of more than 16 percent and
no more than 24 percent alcohol by volume, made by fermentation from
grapes, fruits, berries, rice, or honey; or by the addition of pure
cane, beet, or dextrose sugar; or by the addition of pure brandy from
the same type of grape, fruit, berry, rice, or honey that is contained
in the
[[Page 63054]]
base wine and produced in accordance with the regulations of the United
States.
(7) ``Malt beverage'' means beer, lager, malt liquor, ale, porter,
and any other brewed or fermented beverage except unfortified or
fortified wine as defined by this Ordinance, containing at least one-
half of one percent, and not more than 15 percent, alcohol by volume.
Any malt beverage containing more than six percent alcohol by volume
shall bear a label clearly indicating the alcohol content of the malt
beverage.
(8) ``Mixed beverage'' means either of the following: a. A drink
composed in whole or in part of spirituous liquor and served in a
quantity less than the quantity contained in a closed package. b. A
premixed cocktail served from a closed package containing only one
serving.
(9) ``Nontaxpaid alcoholic beverage'' means any alcoholic beverage
upon which the taxes imposed by the United States, the Catawba Indian
Nation, or any other territorial jurisdiction in which the alcoholic
beverage was purchased have not been paid.
(10) ``Permittee'' means a person who receives a Tribal ABC permit.
(11) ``Person'' means an individual, firm, partnership,
association, corporation, limited liability company, other organization
or group, or other combination of individuals acting as a unit.
(12) ``Premises'' means any facility licensed hereunder including,
without limitation, any tribal gaming facility.
(13) ``Sale'' means any transfer, trade, exchange, or barter, in
any manner or by any means, for consideration.
(14) ``Spirituous liquor'' or ``liquor'' means distilled spirits or
ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and
all other distilled spirits and mixtures of cordials, liqueur, and
premixed cocktails, in closed containers for beverage use regardless of
their dilution.
(15) [Reserved for future codification purposes.]
(16) ``Unfortified wine'' means any wine of 16 percent or less
alcohol by volume made by fermentation from grapes, fruits, berries,
rice, or honey; or by the addition of pure cane, beet, or dextrose
sugar; or by the addition of pure brandy from the same type of grape,
fruit, berry, rice, or honey that is contained in the base wine and
produced in accordance with the regulations of the United States.
Sec. 18B-102.--Manufacture, Sale, etc., Forbidden Except as Expressly
Authorized
(a) General prohibition. It shall be a violation for any person to
manufacture, sell, transport, import, deliver, furnish, purchase,
consume, or possess any alcoholic beverages except as authorized by the
Tribal ABC law.
(b) Violation. Unless a different punishment is otherwise expressly
stated, any person who violates any provision of this Ordinance shall
be subject to a civil fine in an amount not less than $250 and not more
than $5,000 for each violation.
Secs. 18B-103, 18B-104.--Reserved
Sec. 18B-105.--Advertising
General Rule. No person shall advertise alcoholic beverages on
Tribal trust land except in compliance with the rules of the
Commission.
Secs. 18B-106--18B-108.--Reserved
Sec. 18B-109.--Shipping of Products for Resale
No person shall have malt beverages or unfortified wine shipped
directly from a point outside the state to a destination within the
Catawba Indian Nation for resale within the Indian country of the
Catawba Indian Nation.
Sec. 18B-110.--Emergency
When the Chief of the Catawba Indian Nation finds that a ``state of
emergency,'' as defined by Tribal law, exists anywhere on Tribal land,
he may order the cessation of all sales, transportation, manufacture,
and bottling of alcoholic beverages.
The Chief's order shall apply in those portions of Tribal land
designated in the order, for the duration of the state of emergency.
Any order by the Chief under this section shall be directed to the
Chairman of the Commission.
Sec. 18B-111.--Nontaxpaid Alcoholic Beverages
No person may possess, transport, or sell nontaxpaid alcoholic
beverages except as authorized by the Tribal ABC law.
Sec. 18B-112.--Tribal Alcoholic Beverage Control
(a) The Tribal Alcoholic Beverage Control Commission shall possess
the same powers and authority within the Indian country of the Catawba
Indian Nation as conveyed upon state administrative agencies that
regulate alcoholic beverages.
(b) Alcoholic beverages which may be sold. No alcoholic beverage
may be sold on Indian country lands under the jurisdiction of the
Catawba Indian Nation pursuant to this section which has not been
approved for sale in the state in which the sale occurs.
(c) Establishment of a Tribal Commission. The Tribal Commission
shall have authority to issue ABC permits to retail and commercial
establishments, located wholly within the Indian country of the Catawba
Indian Nation, and to regulate the purchase, possession, consumption,
sale, and delivery of alcoholic beverages at permitted outlets and
premises. The fees generated by the Tribal Alcoholic Beverage Control
Commission for the issuance of retail permits may be retained by the
Catawba Indian Nation to offset costs of operating the Tribal Alcoholic
Beverage Control Commission.
(d) Establishment of rules. The Tribal Alcoholic Beverage Control
Commission shall adopt state rules regulating retail outlet activity as
may be required under applicable law, and such rules may be site-
specific.
(e) Recognition of Applicable State Authority. The Tribal Alcoholic
Beverage Control Commission has the authority to enter into agreements
with states to provide for the sale, delivery, and distribution of
spirituous liquor to the Tribal Alcoholic Beverage Control Commission.
When required and able to do so under applicable law, the Tribal
Alcoholic Beverage Control Commission shall purchase spirituous liquor
for resale by the Tribal Alcoholic Beverage Control Commission
exclusively from the state or state-approved vendors at the same price
and on the same basis that such spirits are purchased by local
entities. To the extent there is a conflict between the Tribal
Alcoholic Beverage Control Commission's authority or purpose and the
state's authority or purpose, the state's authority or purpose shall
prevail, to the extent there is no conflict of law as provided in
subsection (i) below.
(f) Discrimination. The Tribal Alcoholic Beverage Control
Commission shall not discriminate against non-Indians in the
application of the Tribal ABC law. Non-Indians shall be entitled to
apply for and receive ABC permits in the same manner as an Indian on
Indian country lands under the jurisdiction of the Catawba Indian
Nation.
(g) Resolution of Contested Cases. If the Tribal Alcoholic Beverage
Control Commission levies a fine, or suspends or revokes a permit
pursuant to applicable law for a violation of the provisions applicable
to the Catawba Indian Nation in this section, the permittee shall have
the right of appeal of an agency final decision of the Tribal
[[Page 63055]]
Commission to the Tribal Courts, if formed at the time of the
Commission's final decision. Any further appeal shall be to the
appellate courts of the Nation, if formed. In the absence of a Tribal
Court, appeal shall be had to the Executive Committee, the results of
which appeal shall be final. All fines paid to the Tribal Commission in
satisfaction of any penalty assessed by the Tribal Commission may be
retained by the Catawba Indian Nation to offset costs of operating the
Tribal Alcoholic Beverage Control Commission.
(h) Failure to comply with state law. The Nation shall conform to
future amendments to state law as may be required by 18 U.S.C. 1161.
(i) Conflict of laws. The Nation does not believe any provision of
this Ordinance or the application of any related state law presents a
conflict with federal law. In the event such conflict arises, this
Ordinance shall be interpreted in a manner that resolves the conflict
in favor of applicable federal law.
Secs. 18B-113--18B-119.--Reserved
Sec. 18B-120.--Additional Definitions
As used in this Article:
(1) ``Aggrieved party'' means a person who sustains an injury as a
consequence of the actions of the underage person, but does not include
the underage person or a person who aided or abetted in the sale or
furnishing to the underage person.
(2) ``Injury'' includes, but is not limited to, personal injury,
property loss, loss of means of support, or death. Damages for death
shall be determined by the Court. Nothing in subdivision (1) of this
section shall be interpreted to preclude recovery under this Article
for loss of support or death on account of injury to or death of the
underage person or a person who aided or abetted in the sale or
furnishing to the underage person.
(3) ``Underage'' person means a person who is less than the age
legally required for purchase of the alcoholic beverage in question.
(4) ``Vehicle'' shall have the same meaning as prescribed by North
Carolina G.S Sec. 20-4.01(49).
Sec. 18B-121.--Claim for Relief Created for Sale to Underage Person
An aggrieved party has a claim for relief for damages, in the
Nation's courts, if formed, against a permittee if:
(1) The permittee or his agent or employee negligently sold or
furnished an alcoholic beverage to an underage person; and
(2) The consumption of the alcoholic beverage that was sold or
furnished to an underage person caused or contributed to, in whole or
in part, an underage driver's being subject to an impairing substance,
as defined in the laws of the state where the beverage was sold or
furnished, at the time of the injury; and
(3) The injury that resulted was proximately caused by the underage
driver's negligent operation of a vehicle while so impaired.
Sec. 18B-122.--Burden of Proof and Admissibility of Evidence
The plaintiff shall have the burden of proving that the sale or
furnishing of the alcoholic beverage to the underage person, as
defined, was, under the circumstances, negligent. Proof of the sale or
furnishing of the alcoholic beverage to an underage person, as defined,
without request for identification shall be admissible as evidence of
negligence. Proof of good practices (including but not limited to,
instruction of employees as to laws regarding the sale of alcoholic
beverages, training of employees, enforcement techniques, admonishment
to patrons concerning laws regarding the purchase or furnishing of
alcoholic beverages, or detention of a person's identification
documents in accordance with Section 18B-129 and inquiry about the age
or degree of intoxication of the person), evidence that an underage
person misrepresented his age, or that the sale or furnishing was made
under duress is admissible as evidence that the permittee was not
negligent.
Sec. 18B-123.--Limitation on Damages
The total amount of damages that may be awarded to all aggrieved
parties pursuant to any claims for relief under this Article is limited
to no more than $500,000.00 per occurrence. When all claims arising out
of an occurrence exceed $500,000.00, each claim shall abate in the
proportion it bears to the total of all claims.
Sec. 18B-124.--Joint and Several Liability
The liability of the negligent driver or owner of the vehicle that
caused the injury and the permittee which sold or furnished the
alcoholic beverage shall be joint and several, with right of
contribution but not indemnification.
Sec. 18B-125.--Reserved
Sec. 18B-126.--Statute of Limitations
The statute of limitations is three years from the date of the
injury.
Secs. 18B-127, 18B-128.--Reserved
Sec. 18B-129.--No Liability for Refusal to Sell or for Holding
Documents
(a) No permittee or his agent or employee may be held liable for
damages resulting from the refusal to sell or furnish an alcoholic
beverage to a person who fails to show proper identification as
described in Section 18B-302(d), or who appears to be an underage
person.
(b) No permittee or his agent or employee may be held civilly
liable if the permittee or his agent or employee holds a customer's
identification documents for a reasonable length of time in a good
faith attempt to determine whether the customer is of legal age to
purchase an alcoholic beverage, provided the permittee or his agent or
employee informs the customer of the reason for his actions.
Secs. 18B-130--18B-199.--Reserved
Article 2--Administration
Sec. 18B-200.--Tribal Alcoholic Beverage Control Commission
(a) Creation of Commission; compensation. The Tribal Alcoholic
Beverage Control Commission shall consist of at least three members:
One Chairman and two associate members. The Commissioners shall receive
compensation and benefits at a level determined by Executive Committee
resolution. This compensation shall be included in the Commission's
annual budget. Commissioners shall be reimbursed for actual expenses
incurred on Commission business, including necessary travel expenses.
(b) Appointment of members. Members of the Commission shall be
nominated by the Chief and confirmed by the Executive Committee by
written resolution. Each member's term shall begin on the date of such
resolution. At least one seat must be filled by a Catawba citizen.
(c) Nominees to the Commission shall be selected on the basis of
their commitment to the interests and goals of the Commission without
forgetting the interests of the Catawba Indian Nation community, their
preparedness to assume responsibility for the decisions of the
Commission and to ensure that said decisions are implemented, and their
willingness to devote the time and energy necessary to familiarize
themselves with the strategic, financial and operational issues facing
the Commission.
(d) Terms of members. Commission member shall initially serve for
one, two, and three-year terms. Thereafter, each Commission member
shall serve
[[Page 63056]]
for a three-year term. The Commissioner shall elect their own officers
at the start of each fiscal year. A Commission member may be removed
for cause by a majority vote of the Executive Committee. Nothing in
this ordinance shall be construed to preclude a member of the
Commission from serving successive terms.
(e) Vacancy. The Chief shall fill any vacancy on the Commission by
appointing a successor within 30 days after the date on which the
vacancy becomes effective subject to approval by Executive Committee.
If the Chairman's seat becomes vacant, the Vice Chairman shall
immediately assume the Chairman's seat and complete the remaining term
of the vacating Chairman. A new member of the Commission will be
appointed by the Chief, subject to approval by Executive Committee, to
complete the remaining term of the former Vice Chairman. The Commission
will then elect a new Vice Chairman.
(f) Employees. The chairman is authorized to employ, discharge, and
otherwise supervise subordinate personnel of the Commission.
(g) Independence. The Commission shall be an independent agency. No
prior or subsequent review by the Chief, Executive Committee, the
Nation's Gaming Commission or the Nation's gaming enterprises shall be
required or permitted, except as otherwise explicitly provided in this
ordinance.
(h) Sovereign Immunity of the Commission. The Commission, as an
instrumentality of the Nation, retains all of the Nation's rights,
privileges and immunities, including sovereign immunity from suit.
(i) Oath of Office. Prior to beginning their official duties, each
member of the Commission shall take the following oath before some
officer authorized to administer oaths: ``I do solemnly swear (or
affirm) that I will faithfully execute the duties of Commissioner as a
member of the Tribal Alcoholic Beverage Control Commission and will to
the best of my ability, preserve, protect and defend the constitution
and governing document and laws confirmed and ratified by the enrolled
members of the Catawba Indian Nation. I do solemnly swear (or affirm)
that I have not obtained my appointment to this Commission by bribery
or any undue or unlawful means or fraud, and that in all measures which
may come before me, I will so conduct myself as in my judgment shall
appear most conductive to the interest and prosperity of the Catawba
Indian Nation.''
(j) All Commissioners will be subject to initial and subsequent
random drug testing per the Tribal personnel policy. Refusal to submit
to any drug testing or a positive test result shall result in an
immediate dismissal from the Commission. Drug testing shall be paid
from the annual budget of the Commission.
(k) All Commissioners are subject to the same criminal background
checks as members of the Nation's Gaming Commission. Each Commissioner
is required to update their information.
Sec. 18B-201.--Conflict of Interest
(a) Financial interests restricted. No person shall be appointed to
or employed by the Commission if that person or a member of that
person's family related to that person by blood or marriage to the
first degree has or controls, directly or indirectly, a financial
interest in any commercial alcoholic beverage enterprise, including any
business required to have a Tribal ABC permit. The Commission may
exempt from this provision any person, other than a Commission member,
when the financial interest in question is so insignificant or remote
that it is unlikely to affect the person's official actions in any way.
Exemptions may be granted only to individuals, not to groups or classes
of people, and each exemption shall be in writing, be available for
public inspection, and contain a statement of the financial interest in
question. For purposes of this Section 18B-201, Tribal membership and
the receipt of benefits from the Nation as a citizen shall not be
construed as a ``financial interest.''
(b) Self-dealing. The Commission shall not contract or otherwise
deal in any business matter so that a member in any way benefits,
directly or indirectly, from the transaction.
(1) No Commission member may have a financial interest in any
operation or entity licensed, permitted, or otherwise authorized
pursuant to this ordinance. However, nothing in this section shall
prohibit any Commission member from having a financial interest as
would any citizen of the Nation, if entitled to such interest as a
citizen of the Nation.
(2) No Commission member shall accept any gift or other thing of
value from any applicant, licensee, or permittee under this ordinance,
except for non-monetary gifts of insignificant value received in the
ordinary course of business or food and refreshments customarily made
available in the ordinary course of meetings.
(c) Dealing for family members. Neither the Commission shall
contract or otherwise deal in any business matter so that a member's
spouse or any person related to him by blood to a degree of first
cousin or closer in any way benefits, directly or indirectly, from the
transaction unless:
(1) The member whose relative benefits from the transaction
abstains from participating in any way, including voting, in the
decision;
(2) The minutes of the meeting at which the final decision is
reached specifically note the member whose spouse or relative is
benefited and the amount involved in each transaction; and
(3) The next annual audit of the Commission or local board
specifically notes the member and the amount involved in each
transaction occurring during the year covered by the audit.
Sec. 18B-202.--Reserved
Sec. 18B-203.--Powers and Duties of the Commission
(a) Powers. The Commission shall have authority to:
(1) Administer the Tribal ABC laws;
(2) Provide for enforcement of the Tribal ABC laws, in conjunction
with state regulatory authorities;
(3) Issue ABC permits as allowed under this Ordinance;
(4) Adopt rules and procedures for the issuance and enforcement of
ABC permits;
(5) Administer an annual budget with said budget to be approved
annually by the Executive Committee;
(6) Act as the distributor of all alcohol on Tribal trust lands.
Spirituous liquor and fortified wine shall be purchased by TABCC
according to applicable law. Malt beverages and unfortified wine shall
be purchased from state-authorized distributors and may be
redistributed from a TABCC warehouse or authorized to be delivered
directly to TABCC authorized permittee, within the Indian country of
the Catawba Indian Nation if authorized to do so under applicable law;
and
(7) Issue any retail ABC license or permit issued by state
regulatory agencies, including a temporary license or permit. Negotiate
and enter into contract with state regulatory agencies for purchase of
spirituous liquor and fortified wine; and
(8) Adopt fiscal control rules concerning the borrowing of money,
maintenance of working capital, investments, appointment of a financial
officer, the daily deposit of funds and any other rules necessary to
assure the proper accountability of public funds.
(b) Implied powers. The Commission shall have all other powers
which may be reasonably implied from the granting of the express powers
stated in subsection (a), or which may be
[[Page 63057]]
incidental to, or convenient for, performing the duties given to the
Commission.
Sec. 18B-204.--Reserved
Sec. 18B-205.--Accounts, Reports and Audits Required
(a) Accounts and reports. The Commission shall be required to
submit to Executive Committee and to the Chief such reports as may be
required by Executive Committee.
(b) Annual independent audit. The Commission shall engage
independent auditors for annual audits of its internal operations. Such
independent audits must apply generally accepted accounting principles.
Secs. 18B-206--18B-299.--Reserved
Article 3--Sale, Possession, and Consumption
Sec. 18B-300.--Purchase, Possession and Consumption of Malt Beverages,
Fortified and Unfortified Wine, Mixed Beverages and Spirituous Liquors
Generally. Except as otherwise provided in this Ordinance, the
purchase, consumption, and possession of malt beverages, fortified and
unfortified wine, mixed beverages and spirituous liquors by individuals
21 years old and older for their own use is permitted upon any licensed
Premises without restriction. All alcoholic beverages sold upon any
licensed Premises must be consumed or disposed of upon these premises.
No off-premises sale of alcoholic beverages from a permittee is
allowed.
Sec. 18B-301.--Reserved
Sec. 18B-302.--Sale to or Purchase by Underage Persons
(a) Sale. It shall be a violation for any person to:
(1) Sell malt beverages or unfortified wine to anyone less than 21
years old; or
(2) Sell fortified wine, spirituous liquor, or mixed beverages to
anyone less than 21 years old.
(a1) Give. It shall be a violation for any person to:
(1) Give malt beverages or unfortified wine to anyone less than 21
years old; or
(2) Give fortified wine, spirituous liquor, or mixed beverages to
anyone less than 21 years old.
(b) Purchase, possession, or consumption. It shall be a violation
for:
(1) A person less than 21 years old to purchase, to attempt to
purchase, or to possess malt beverages or unfortified wine; or
(2) A person less than 21 years old to purchase, to attempt to
purchase, or to possess fortified wine, spirituous liquor, or mixed
beverages; or
(3) A person less than 21 years old to consume any alcoholic
beverage.
(c) Aider and abettor.
(1) By underage person. Any person who is under the lawful age to
purchase and who aids or abets another in violation of subsection (a),
(a1), or (b) of this section shall be in violation of this ordinance.
(2) By person over lawful age. Any person who is over the lawful
age to purchase and who aids or abets another in violation of
subsection (a), (a1), or (b) of this section shall be in violation of
this ordinance.
(d) Defense. It shall be a defense to a violation of subsection (a)
of this section if the seller:
(1) Shows that the purchaser produced a tribal identification card,
state identification card, a military identification card, or a
passport, showing his age to be at least the required age for purchase
and bearing a physical description of the person named on the card
reasonably describing the purchaser; or
(2) Produces evidence of other facts that reasonably indicated at
the time of sale that the purchaser was at least the required age.
(e) Fraudulent use of identification. It shall be a violation for
any person to enter or attempt to enter a place where alcoholic
beverages are sold or consumed, or to obtain or attempt to obtain
alcoholic beverages, or to obtain or attempt to obtain permission to
purchase alcoholic beverages, in violation of subsection (b) of this
section, by using or attempting to use any of the following:
(1) A fraudulent or altered driver's license.
(2) A fraudulent or altered identification document other than a
driver's license.
(3) A driver's license issued to another person.
(4) An identification document other than a driver's license issued
to another person.
(5) Any other form or means of identification that indicates or
symbolizes that the person is not prohibited from purchasing or
possessing alcoholic beverages under this section.
(f) Allowing use of identification. It shall be a violation for any
person to permit the use of the person's driver's license or any other
form of identification of any kind issued or given to the person by any
other person who violates or attempts to violate subsection (b) of this
section.
(g) Report sent to Division of Motor Vehicles. The Commission shall
file a report with the appropriate state Division of Motor Vehicles
indicating the name of the person found to have violated this section
and any other information requested by the Division if the person is
found to have committed any of the following violations:
(1) A violation of subsection (e) or (f) of this section.
(2) A violation of subsection (c) of this section.
(3) A violation of subsection (b) of this section, if the violation
occurred while the person was purchasing or attempting to purchase an
alcoholic beverage.
(4) A violation of subsection (a1) of this section.
(h) Handling in course of employment. Nothing in this section shall
be construed to prohibit an underage person from selling, transporting,
possessing or dispensing alcoholic beverages in the course of
employment, if the employment of the person for that purpose is lawful
under applicable youth employment statutes and Commission rules.
Sec. 18B-302.1.--Penalties for Certain Offenses Related to Underage
Persons
(a) A violation of Section 18B-302(a) or (a1). A person found to
have violated Section 18B-302(a) or (a1) must pay a fine of at least
$250.00, with the amount of such fine increasing by $250 for all prior
violations incurred during the preceding two years from the date of the
violation.
(b) A violation of Section 18B-302(c)(2). A person found to have
violated Section 18B-302(c)(2) must pay a fine of at least $500.00,
with the amount of such fine increasing by $500 for all prior
violations incurred during the preceding three years from the date of
the violation.
Secs. 18B-303, 18B-304.--Reserved
Sec. 18B-305.--Other Prohibited Sales
(a) Sale to intoxicated person. It shall be a violation for a
permittee or his employee to knowingly sell or give alcoholic beverages
to any person who is intoxicated.
(b) Discretion for seller. Any person authorized to sell alcoholic
beverages under this Ordinance may, in his discretion, refuse to sell
to anyone. It shall be a violation for any person to knowingly buy
alcoholic beverages for someone who has been refused the right to
purchase under this subsection.
(c) Notwithstanding subsection (b) of this section, no permittee
may refuse to sell alcoholic beverages to a person
[[Page 63058]]
solely based on that person's race, religion, color, national origin,
sex, or disability.
Sec. 18B-306.--Sale and Consumption at Casinos and Hotels
It shall be lawful to possess and consume any alcoholic beverage
that is purchased in any room of a licensed casino while a casino game,
raffle game or bingo game is being conducted in that room so long as
all Class II and Class III games being conducted are within the lawful
authority of the Indian Gaming Regulatory Act (IGRA) and the federally
approved Tribal-state compact and all amendments thereto.
Secs. 18B-307--18B-399.--Reserved
Article 4--Reserved
Article 5--Enforcement
Sec. 18B-500.--Tribal Alcohol Enforcement Agents
(a) Appointment. The TABCC may appoint a Chief Tribal alcohol
enforcement agent. The Chair of the TABCC or the Chair's designee shall
have the authority to supervise day-to-day activities of the Chief
alcohol law-enforcement agent or the Chair's designee. The Chief Tribal
alcohol enforcement agent may appoint, with the approval of the TABCC,
Tribal alcohol law-enforcement agents and other enforcement personnel.
Tribal alcohol law-enforcement agents shall be designated as ``Tribal
alcohol enforcement agents.''
(b) Subject matter jurisdiction. After taking the oath prescribed
for a peace officer, a Tribal alcohol enforcement agent shall have
authority to take all investigatory actions and refer any criminal
offenses to appropriate law enforcement authorities for further
investigation and prosecution.
(c) Territorial jurisdiction. A Tribal alcohol enforcement agent is
a Tribal officer with jurisdiction throughout the Indian country of the
Catawba Indian Nation.
(d) Service of commission orders. Tribal alcohol enforcement agents
may serve and execute notices, orders, or demands issued by the TABCC
for the surrender of permits or relating to any administrative
proceeding. While serving and executing such notices, orders, or
demands, alcohol law-enforcement agents shall have all the power and
authority to request the assistance of appropriate law enforcement
authorities in the event criminal conduct is suspected and arrests are
anticipated.
Secs. 18B-501--18B-599.--Reserved
Article 6--Reserved
Article 7--Sales
Sec. 18B-700--Retail Sale of Alcoholic Beverages
Spirituous liquor, fortified and unfortified wine and malt
beverages may be offered for retail sale only under the provisions of a
permit issued by TABCC as authorized by the provisions of this
ordinance. TABCC shall operate any retail spirituous and fortified wine
store that may in the future be authorized. TABCC shall also be
authorized to operate a retail malt beverage and unfortified wine
store, subject to applicable law.
Secs. 18B-701--18B-799.--Reserved
Article 8--Operation of ABC Warehouse
Sec. 18B-800.--Purchase From State Until Tribe Establishes Wholesale
Distribution System
All alcoholic beverages authorized to be sold shall be purchased by
the permittee from TABCC or as directed by TABCC.
Secs. 18B-801--18B-803.--Reserved
Sec. 18B-804.--Alcoholic Beverage Pricing
The uniform pricing of spirits sold to permittees and the public
shall be the same uniform price as published by state law, if required
under applicable law. Where a tax or markup is imposed in this section,
the TABCC is authorized to impose the same tax or markup as a Tribal
tax or markup, where appropriate, and to utilize such tax or markup in
operations of TABCC and profits after operation shall be distributed as
determined by the Executive Committee.
Secs. 18B-805--18B-899.--Reserved
Article 9--Issuance of Permits
Sec. 18B-900.--Nation's Gaming Enterprises Eligible for ABC Permit
The Nation's gaming enterprises shall be eligible to receive and to
hold a Tribal ABC permit for the retail sale of alcoholic beverages on
the premises of the Kings Mountain gaming facility and all additional
gaming facilities authorized by the Commission. At the request of the
Nation's gaming enterprises, TABCC is authorized to issue a permit to a
contracted or leased facility providing a service for the Nation's
gaming enterprises on the premises of Kings Mountain facilities.
Secs. 18B-901--18B-999.--Reserved
Article 10--Retail Activity
Secs. 18B-1000--18B-1003.--Reserved
Sec. 18B-1004.--Hours for Sale and Consumption
It shall be a violation of this Ordinance to sell alcoholic
beverages on any licensed premises during hours when such sales are
prohibited by either TABCC regulations or prevailing state law.
Sec. 18B-1005.--Conduct on Licensed Premises
(a) Certain conduct. It shall be a violation for a permittee or his
agent or employee to knowingly allow any of the following kinds of
conduct to occur on his licensed premises:
(1) Any violation of this Ordinance;
(2) Any unsanctioned fighting or other disorderly conduct that can
be prevented without undue danger to the permittee, his employees or
patrons; or
(3) Any violation of the controlled substances or prostitution
statutes, or any other unlawful acts.
(b) Supervision. It shall be a violation for a permittee to fail to
superintend in person or through a manager the business for which a
permit is issued.
Sec. 18B-1006.--Reserved
Sec. 18B-1007.--Additional Requirements for Mixed Beverages Permittees
(a) Handling bottles. It shall be a violation for a mixed beverages
permittee or the permittee's agent or employee to do any of the
following:
(1) Store any other spirituous liquor with liquor possessed for
resale in mixed beverages or from a guest room cabinet.
(2) Refill any spirituous liquor container having a mixed beverages
tax stamp with any other alcoholic beverage or add to the contents of
such a container any other alcoholic beverage.
(3) Transfer from one container to another a mixed beverages tax
stamp.
(4) Possess any container of spirituous liquor not bearing a mixed
beverages tax stamp, except for containers being brought onto the
premises by the host of a private function under a special occasion
permit.
(b) Price list. Each mixed beverages permittee shall have available
for its customers the printed prices of the most common or popular
mixed beverages offered for sale by the permittee.
[[Page 63059]]
Article 11--Amendments
Sec. 18B-1100.--Approval Process; Authority of the Executive Committee
To Amend This Ordinance
In approving this Ordinance for the regulation of alcoholic
beverages, the General Council hereby expressly authorizes the
Executive Committee to amend as necessary the provisions of this
Ordinance, without the need for further review or approval by the
General Council, to address issues raised by the federal government in
order to secure the Ordinance's approval and as necessary to obtain the
applicable regulatory approvals, and such amendments shall be fully
incorporated herein and shall be binding upon the Nation in accordance
with their terms. If the Executive Committee exercises this authority
to amend this Ordinance it shall thereafter inform the General Council
of those amendments no later than the next meeting of the General
Council.
Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2021-24770 Filed 11-12-21; 8:45 am]
BILLING CODE 4337-15-P
