Kaw Nation Alcohol Ordinance of 2019; Repeal and Replace, 71905-71915 [2021-27496]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Notices]
[Pages 71905-71915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27496]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[222A2100DD/AABB003600/A0T902020.253G]


Kaw Nation Alcohol Ordinance of 2019; Repeal and Replace

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Kaw Nation Alcohol Ordinance of 2019 
which repeals and replaces the Kaw Nation Alcohol Control Ordinance 
previously published in the Federal Register and any and all previous 
statutes. The Kaw Nation Alcohol Ordinance of 2019 regulates and 
controls the possession, sale, manufacture, and distribution of liquor 
on the Kaw Nation trust lands in conformity with the Federal laws and 
of the State of Oklahoma where applicable

[[Page 71906]]

and necessary. The enactment of this Ordinance will provide and 
important source of tax revenue for the continued operation and 
strengthening the Kaw Nation government and the delivery of tribal 
government services and, the economic viability of tribal enterprises.

DATES: This ordinance shall take effect on January 19, 2022.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government 
Officer, Southern Plains Regional Office, Bureau of Indian Affairs, 
Post Office 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 shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian Country.
    On April 13, 2018, the Kaw Nation Tribal Council duly adopted the 
Kaw Nation Alcohol Ordinance of 2019 by Resolution 19-37, which will 
repeal, upon its effective date, the Kaw Nation Alcohol Control 
Ordinance, which was published in the Federal Register on July 31, 2009 
at 74 FR 38220. Although, the Kaw Nation Alcohol Ordinance of 2019 was 
adopted by the Kaw Nation Tribal Council on April 13, 2019, it does not 
become effective until published in the Federal Register.
    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 Kaw Nation Tribal Council duly adopted the 
Kaw Nation Alcohol Ordinance of 2019 by Resolution No. 19-37 on April 
13, 2019.

Bryan Newland,
Assistant Secretary--Indian Affairs.

Kaw Nation

Alcohol Ordinance of 2019

Contents

Article I--Introduction
    Section 1.1 Title
    Section 1.2 Authority
    Section 1.3 Purpose
    Section 1.4 Application of Federal Law
    Section 1.5 Administration of Ordinance
    Section 1.6 Sovereign Immunity Preserved
    Section 1.7 Applicability
    Section 1.8 Computation of Time
    Section 1.9 Liberal Construction
    Section 1.10 Collection of Applicable Fees, Taxes, or Fines
Article II--Declaration of Public Policy
    Section 2.1 Matter of Special Interest
    Section 2.2 Federal Law
    Section 2.3 Need for Regulation
    Section 2.4 Geographic Locations
    Section 2.5 Definitions
Article III--Sales of Alcoholic Beverages
    Section 3.1 Prohibition of the Unlicensed Sale of Alcoholic 
Beverages
    Section 3.2 Sales for Cash
    Section 3.3 Personal Consumption
    Section 3.4 Tribal Enterprises
    Section 3.5 Right of Alcohol Regulatory Authority To Scrutinize 
Licenses
    Section 3.6 Freedom of Information From Manufacturers, 
Suppliers, and Wholesalers
    Section 3.7 Alcohol Regulatory Authority Retail Sales 
Regulations
    Section 3.8 Sales to Minors
    Section 3.9 Consumption of Alcohol Upon Licensed Premises
    Section 3.10 Conduct on Licensed Premises
    Section 3.11 Employment of Minors
    Section 3.12 Display of License
    Section 3.13 Licensed Premises Open to Alcohol Regulatory 
Authority Inspection
    Section 3.14 Licensee's Records
    Section 3.15 Records Confidential
    Section 3.16 Conformity With Federal and State Law
Article IV--Licensing
    Section 4.1 License Required
    Section 4.2 Licensing Procedures
    Section 4.3 Appeals to the Alcohol Regulatory Authority for 
Denial of License
    Section 4.4 Classes of Licenses
    Section 4.5 Revocation of License
    Section 4.6 Revocation Proceedings on Revocation of License
    Section 4.7 Transferability of Licenses
    Section 4.8 Posting of License
    Section 4.9 Specification of Premises
Article V-- Fees 30
    Section 5.1 License and Filing Fees
Article VI--Taxation 30
    Section 6.1 Tribal Excise Tax Imposed Upon Distribution of 
Alcohol
    Section 6.2 Taxes Due
    Section 6.3 Delinquent Taxes
    Section 6.4 Reports
    Section 6.5 Audit
Article VII--Powers of Enforcment
    Section 7.1 Alcohol Regulatory Authority
    Section 7.2 Right of Inspection
    Section 7.3 Limitation on Powers
Article VIII--Rules, Regulations, and Enforcment
    Section 8.1 Public Conveyance
    Section 8.2 Age of Consumption
    Section 8.3 Serving Underage Person
    Section 8.4 False Identification
    Section 8.5 Documentation of Age
    Section 8.6 General Penalties
    Section 8.7 Initiation of Action
    Section 8.8 Contraband; Seizure; Forfeiture
Article IX--Nuisance and Abatement
    Section 9.1 Nuisance
    Section 9.2 Action To Abate Nuisance
Article X--Revenue and Reporting
    Section 10.1 Use and Appropriation of Revenue Received
    Section 10.2 Audit
    Section 10.3 Reports
Article XI--Miscellaneous
    Section 11.1 Liability for Unpaid Amounts Due to Vendors or 
Authorities
    Section 11.2 Other Business by Operator
    Section 11.3 Tribal Liability and Credit
    Section 11.4 Insurance
    Section 11.5 Audit and Inspection
    Section 11.6 Payment of Tax; Reports; Bonding
    Section 11.7 Violation--Penalties
    Section 11.8 Severability
    Section 11.9 Amendments

Article I--Introduction

Section 1.1 Title

    This Ordinance shall be known as the ``Kaw Nation Alcohol Ordinance 
of 2019'' (the ``Ordinance''). This Ordinance and Act amends and 
supercedes all prior laws of the Kaw Nation pertaining to Alcohol 
including the Kaw Nation Alcohol Control Ordinance, FR Vol. 74, No. 
146, 38, 220-38.227.

Section 1.2 Authority

    This Ordinance is enacted pursuant to the Act of August 15, 1953. 
Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161 and Article II, Sec.  4 of 
the Constitution of the Kaw Nation (hereinafter ``Nation'' or 
``Tribe'').

Section 1.3 Purpose

    The purpose of this Ordinance is to regulate and control the 
manufacture, distribution, possession, and Sale of Alcoholic Beverages 
on Tribal Lands of the Kaw Nation, and to generate revenues to fund 
necessary Tribal programs and services. The enactment of this Ordinance 
will enhance the ability of the Kaw Nation to control all such Alcohol-
related activities within the jurisdiction of the Tribe and will 
provide an important source of revenue for the continued operation and 
strengthening of the Kaw Nation and the delivery of important 
governmental services.

Section 1.4 Application of Federal Law

    Federal law forbids the introduction, possession and Sale of liquor 
in Indian Country (18 U.S.C. 1154 and other statutes), except when in 
conformity both with the laws of the State and the Tribe (18 U.S.C. 
1161). As such, compliance with this Ordinance shall be in addition to, 
and not a substitute for, compliance with the laws of the State of 
Oklahoma.

Section 1.5 Administration of Ordinance

    The Tribal Council, through its powers vested under Article II, 
Sec.  4 of the Constitution of the Kaw Nation and this Ordinance, 
delegates to the Alcohol Regulatory Authority the authority to

[[Page 71907]]

exercise all of the powers and accomplish all of the purposes set forth 
in this Ordinance, which may include, but are not limited to, the 
following actions:
    A. Adopt and enforce rules and regulations for the purpose of 
effectuating this Ordinance, which includes the setting of fees, fines 
and other penalties;
    B. Execute all necessary documents; and
    C. Perform all matters and actions incidental and necessary to 
conduct its business and carry out its duties and functions under this 
Ordinance.

Section 1.6 Sovereign Immunity Preserved

    A. The Tribe is immune from suit in any jurisdiction except to the 
extent that the Tribal Council of the Kaw Nation expressly and 
unequivocally waives such immunity by approval of such written 
resolution.
    B. Nothing in this Ordinance shall be construed as waiving the 
sovereign immunity of the Kaw Nation or the Alcohol Regulatory 
Authority as an agency of the Kaw Nation.

Section 1.7 Applicability

    This Ordinance shall apply to all Tribal and commercial enterprises 
located within Tribal Lands consistent with applicable Federal Liquor 
Laws.

Section 1.8 Computation of Time

    Unless otherwise provided in this Ordinance, in computing any 
period of time prescribed or allowed by this Ordinance, the day of the 
act, event, or default from which the designated period time begins to 
run shall not be included. The last day of the period so computed shall 
be included, unless it is a Saturday, a Sunday, or a legal holiday. For 
the purposes of this Ordinance, the term ``legal holiday'' shall mean 
all legal holidays under Tribal or Federal law. All documents mailed 
shall be deemed served at the time of mailing.

Section 1.9 Liberal Construction

    Provisions of this Ordinance shall be liberally construed to 
achieve the purposes set forth, whether clearly stated or apparent from 
the context of the language used herein.

Section 1.10 Collection of Applicable Fees, Taxes, or Fines

    The Alcohol Regulatory Authority shall have the authority to 
collect all applicable and lawful fees, taxes, and or fines from any 
person or Licensee as imposed by this Ordinance. The failure of any 
Licensee to deliver applicable taxes collected on the Sale of Alcoholic 
Beverages shall subject the Licensee to penalties, including, but not 
limited to, the revocation of said License.

Article II--Declaration of Public Policy

Section 2.1 Matter of Special Interest

    The manufacture, distribution, possession, Sale, and consumption of 
Alcoholic Beverages within the jurisdiction of the Kaw Nation are 
matters of significant concern and special interest to the Tribe. The 
Tribal Council hereby declares that the policy of the Kaw Nation is to 
eliminate the problems associated with unlicensed, unregulated, and 
unlawful importation, distribution, manufacture, possession and Sale of 
Alcoholic Beverages for commercial purposes and to promote temperance 
in the use and consumption of Alcoholic Beverages by increasing the 
Tribe's control over such activities on Tribal lands.

Section 2.2 Federal Law

    The introduction of Alcohol within the jurisdiction of the Tribe is 
currently prohibited by Federal law (18 U.S.C. 1154), except as 
provided for therein, and the Tribe is expressly delegated the right to 
determine when and under what conditions Alcohol, including Alcoholic 
Beverages, shall be permitted thereon (18 U.S.C. 1161).

Section 2.3 Need for Regulation

    The Tribe finds that the Federal Liquor Laws prohibiting the 
introduction, manufacture, distribution, possession, Sale, and 
consumption of Alcoholic Beverages within the Tribal lands have proven 
ineffective and that the problems associated with same should be 
addressed by the laws of the Tribe, with all such business activities 
related thereto subject to the taxing and regulatory authority of the 
Alcohol Regulatory Authority.

Section 2.4 Geographic Locations

    The Tribe finds that the introduction, manufacture, distribution, 
possession, Sale, and consumption of Alcohol, including Alcoholic 
Beverages, shall be regulated under this Ordinance only where such 
activity will be conducted within or upon Tribal Lands.

Section 2.5 Definitions

    Unless otherwise required by the context, the following words and 
phrases shall have the designated meanings:
    A. ``Alcohol'' means and includes hydrated oxide of ethyl, ethyl 
Alcohol, ethanol, or Spirits of Wine, from whatever source or by 
whatever process produced. It does not include wood Alcohol or Alcohol 
which has been denatured or produced as denatured in accordance with 
Acts of Congress and regulations promulgated thereunder.
    B. ``Alcohol Regulatory Authority'' means the Kaw Tax Commission 
pursuant to Resolution No. 09-69 enacted by the Tribal Council on 
August 14, 2009.
    C. ``Alcoholic Beverage(s)'' means Alcohol, Spirits, Beer and Wine 
as those terms are defined herein and also includes every liquid or 
solid, patented or not, containing Alcohol, Spirits, Wine or Beer and 
capable of being consumed as a Beverage by human beings.
    D. ``Applicant'' means any individual, legal or commercial business 
entity, or any individual involved in any legal or commercial business 
entity allowed to hold any License under the laws of the Kaw Nation.
    E. ``Beer'' means any Beverage of Alcohol by volume and obtained by 
the Alcoholic fermentation of an infusion or decoction of barley, or 
other grain, malt or similar products. ``Beer'' may or may not contain 
hops or other vegetable products. ``Beer'' includes, among other 
things, Beer, ale, stout, lager Beer, porter and other malt or brewed 
liquors, but does not include sake, known as Japanese rice Wine.
    F. ``Cider'' means any Alcoholic Beverage obtained by the Alcoholic 
fermentation of fruit juice, including but not limited to flavored, 
sparkling or carbonated cider.
    G. ``Citizen'' or ``Enrolled Member'' means any person whose name 
appears on the official roll of the Kaw Nation.
    H. ``Commercial Sale'' means the transfer, exchange or barter, in 
any way or by any means whatsoever, for a consideration by any person, 
association, partnership, or corporation, of Alcoholic Beverages.
    I. ``Constitution'' means the Constitution of the Kaw Nation.
    J. ``Federal Liquor Laws'' means all laws of the United States of 
America that apply to or regulate in any way the introduction, 
manufacture, distribution, possession, or Sale of any form of Alcohol, 
including, but not limited to 18 U.S.C. 1154 & 1161.
    K. ``Legal Age'' means twenty-one (21) years of age.
    L. ``License'' or ``Alcoholic Beverage License'' means a License 
issued by the Alcohol Regulatory Authority authorizing the 
introduction, manufacture, distribution, or Sale of Alcoholic Beverages 
for commercial purposes under the provisions of the this Ordinance.
    M. ``Licensee'' means any person holding a License under the laws 
of the Kaw Nation, and any agent, servant or

[[Page 71908]]

employee of such Licensee while in the performance of any act or duty 
in connection with the Licensed business or on the Licensed Premises.
    N. ``Liquor Store'' means any business, store, or commercial 
establishment at which Alcohol is sold and shall include any and all 
businesses, facilities and events engaged in the Sale of Alcoholic 
Beverages, whether sold as packaged or by the drink.
    O. ``Manufacturer'' means a brewer, distiller, Winemaker, rectifier 
or bottler of any Alcoholic Beverage and its subsidiaries, affiliates 
and parent companies.
    P. ``Mixed Beverage Cooler'' or ``Wine Cooler'' means any Beverage, 
by whatever name designated, consisting of an Alcoholic Beverage and 
fruit or vegetable juice, fruit or vegetable flavorings, dairy products 
or carbonated water containing more than one-half of one percent (\1/2\ 
of 1%) of Alcohol measured by volume but not more than seven percent 
(7%) Alcohol by volume at sixty (60) degrees Fahrenheit and which is 
packaged in a container not larger than three hundred seventy-five 
(375) milliliters. Such term shall include but not be limited to the 
Beverage popularly known as a ``Wine cooler.''
    Q. ``Operator'' means a person properly Licensed by the Kaw Nation 
to operate a facility, event, or otherwise that is engaged in the 
activity of selling Alcoholic Beverages.
    R. ``Ordinance'' means this Kaw Nation Alcohol Ordinance of 2018, 
as amended from time to time pursuant to Resolution of the Kaw Nation 
Tribal Council.
    S. ``Package'' or ``Packaged'' or ``Package Store'' means the Sale 
of any Alcoholic Beverage by delivery of same by a seller to a 
purchaser in any container, bag, or receptacle for consumption off the 
Premises or location designated on the seller's License.
    T. ``Person'' means an individual, any type of partnership, 
corporation, association, limited liability company or any individual 
involved in the legal structure of any such business entity.
    U. ``Premises'' means the grounds and all buildings and 
appurtenances pertaining to the grounds including any adjacent Premises 
if under the direct or indirect control of the Licensee and used in 
connection with or in furtherance of the business covered by a License. 
Provided that the Alcoholic Beverage Laws Enforcement Commission of the 
State of Oklahoma (``ABLE Commission'' or ``ABLE'') shall have the 
authority to designate areas to be excluded from the Licensed Premises 
solely for the purpose of:
    1. Allowing the presence and consumption of Alcoholic Beverages by 
private parties which are closed to the general public, or
    2. allowing the services of a caterer serving Alcoholic Beverages 
provided by a private party.
    This exception shall in no way limit the Licensee's concurrent 
responsibility for any violations of the Oklahoma Alcoholic Beverage 
Control Act and/or the Kaw Nation Alcohol Control Ordinance occurring 
on the Licensed Premises.
    V. ``Public Place'' or ``Public Forum'' means and shall include any 
Tribal, county, State, or Federal highways, roads, and rights-of-way; 
buildings and grounds used for school purposes; public dance halls and 
grounds adjacent thereto; public restaurants, buildings, meeting halls, 
hotels, theaters, retail stores, and business establishments generally 
open to the public and to which the public is allowed to have 
unrestricted access; and all other places to which the general public 
has unrestricted right of access and that are generally used by the 
public. For the purpose of this Ordinance, ``Public Place'' or ``Public 
Forum'' shall also include any privately-owned business property or 
establishment that is designed for, or may be regularly used by, more 
persons other than the owner of the same, but shall not include the 
private, family residence of any person.
    W. ``Regulation(s)'' means any Regulation(s) adopted by the Alcohol 
Regulatory Authority to further the purposes and intent of this 
Ordinance that comply with Federal and State law as approved by Tribal 
Council.
    X. ``Relative'' means either a biological or adopted parent, 
spouse, child, step-child, foster child, grandchild, sibling, 
grandparent, great-grandparent, aunt, uncle, and in-law parental, 
sibling, or child relationships.
    Y. ``Retailer'' means a Package Store, grocery store, convenience 
store or drug store Licensed to sell Alcoholic Beverages for off-
premise consumption pursuant to a Retail Spirits License, Retail Wine 
License or Retail Beer License.
    Z. ``Sale(s)'', ``Sell'', or ``Sold'' means any transfer, exchange 
or barter of Alcoholic Beverages in any manner or by any means 
whatsoever, and includes and means all Sales made by any person, 
whether as principal, proprietor or as an agent, servant or employee. 
The term ``Sale'' is also declared to be and include the use or 
consumption upon Tribal Lands of any Alcoholic Beverage obtained within 
or imported from without this State, upon which the excise tax levied 
by the Oklahoma Alcoholic Beverage Control Act and/or Kaw Nation has 
not been paid or exempted.
    AA. ``Sparkling Wine'' means champagne or any artificially 
carbonated Wine.
    BB. ``Tribal Council'' means the duly elected legislative body of 
the Kaw Nation authorized to act in and on all matters and subjects 
upon which the Tribe is empowered to act, now or in the future, 
pursuant to Article V, Section 2 of the Constitution of the Kaw Nation.
    CC. ``Tribal Court'' means the Courts of the Kaw Nation, as 
established under the Constitution of the Kaw Nation, Article VIII, 
Sec.  1.
    DD. ``Tribal Land(s)'' means and reference the geographic area that 
includes all land included within the definition of ``Indian Country'' 
as established and described by Federal law and that is under the 
jurisdiction of the Kaw Nation, including, but not limited to all lands 
held in trust by the Federal government, located within the same, as 
are now in existence or may hereafter be added to, and all Tribally 
owned land and waters and all restricted or trust land belonging to 
Tribal members within the boundary of the Kaw Nation reservation 
established by Agreement dated June 26, 1890, and ratified by the Act 
of March 3, 1891 (26 Stat. 1019), and such other land, or, interest in 
land, which may be subsequently acquired.
    EE. ``Tribal Law'' means the Constitution of the Kaw Nation and all 
laws, ordinances, codes, resolutions, and regulations now and hereafter 
duly enacted by the Tribe.
    FF. ``Tribe'' means the Kaw Nation.
    GG. ``Wholesale Price'' means the established price for which 
Alcohol and/or Beer products are sold to the Kaw Nation or to any 
Licensed Licensee by the Manufacturer or distributor, exclusive of any 
discount or other reduction.
    HH. ``Wine'' means and includes any Beverage containing more than 
one-half of one percent (\1/2\ of 1%) Alcohol by volume and not more 
than twenty-four percent (24%) Alcohol by volume at sixty (60) degrees 
Fahrenheit obtained by the fermentation of the natural contents of 
fruits, vegetables, honey, milk or other products containing sugar, 
whether or not other ingredients are added, and includes vermouth and 
sake, known as Japanese rice Wine.

[[Page 71909]]

Article III--Sales of Alcoholic Beverages

Section 3.1 Prohibition of the Unlicensed Sale of Alcoholic Beverages

    This Ordinance prohibits the introduction, manufacture, 
distribution, or Sale of Alcoholic Beverages for commercial purposes, 
other than where conducted by a Licensee in possession of a lawfully 
issued License in accordance with this Ordinance. The Federal Liquor 
Laws are intended to remain applicable to any act or transaction that 
is not authorized by this Ordinance, and violators shall be subject to 
all penalties and provisions of any and all Federal and or Tribal laws.

Section 3.2 Sales for Cash

    All Sales of Alcoholic Beverages conducted by any person or 
commercial enterprise upon Tribal Lands shall require payment at the 
time of purchase and consumption of same shall be extended to any 
person, organization, or entity, except that this provision does not 
prohibit the payment of same by use of credit cards acceptable to the 
seller.

Section 3.3 Personal Consumption

    All Sales of Alcoholic Beverages shall be for the personal use and 
consumption of the purchaser and or his/her guest(s) of Legal Age. The 
re-Sale of any Alcoholic Beverage purchased within or upon Tribal Lands 
by any person or commercial enterprise not Licensed as required by this 
Ordinance is prohibited.

Section 3.4 Tribal Enterprises

    No employee or Operator of a commercial enterprise owned by the 
Tribe shall sell or permit any person to open or consume any Alcoholic 
Beverage on any Premises or location, or any Premises adjacent thereto, 
under his or her control, unless such activity is properly Licensed as 
provided in this Ordinance.

Section 3.5 Right of Alcohol Regulatory Authority To Scrutinize 
Licenses

    Every Licensee shall keep the Alcohol Regulatory Authority informed 
in writing of the identity of Manufacturers, suppliers and/or 
Wholesalers who supply or are expected to supply Alcohol to their 
Licensed Premises. The Alcohol Regulatory Authority may, at its 
discretion, for any reasonable cause, limit or prohibit the purchase of 
said Alcohol from a supplier or Wholesaler.

Section 3.6 Freedom of Information From Manufacturers, Suppliers, and 
Wholesalers

    Licensees shall in their purchase of Alcohol and in their business 
relationships with Manufacturers, suppliers, and Wholesalers (``Third 
Party(ies)'') cooperate with and assist the free flow of information 
and data to the Alcohol Regulatory Authority from such suppliers 
relating to the Sales to and business arrangements between the Third 
Parties and the Licensees. The Alcohol Regulatory Authority may, in its 
discretion, require from the Licensee and Third Parties all receipts, 
invoices, bills of lading, other billings or other documentary receipts 
of Sales to any Licensee. Such records shall be available for 
inspection by the Alcohol Regulatory Authority upon reasonable request.

Section 3.7 Alcohol Regulatory Authority Retail Sales Regulations

    The Alcohol Regulatory Authority may adopt Regulations regarding 
the retail Sale of Alcohol which shall supplement this Ordinance and 
facilitate its enforcement. These Regulations may include limitations 
on hours and days when Premises may be open for business, and other 
appropriate matters and controls.

Section 3.8 Sales to Minors

    No person shall give, sell or otherwise supply Alcoholic Beverages 
to any person under the Legal Age of twenty-one (21), either for his or 
her own use or for the use of his or her parents or for the use of any 
other person.

Section 3.9 Consumption of Alcohol Upon Licensed Premises

    Only a Licensee with the appropriate type of License issued by the 
Alcohol Regulatory Authority shall allow any person to open or consume 
Alcohol on his or her Premises or any Premises adjacent thereto in his 
or her control.

Section 3.10 Conduct on Licensed Premises

    A. No Licensee shall allow any person to be disorderly, boisterous 
or intoxicated on their Licensed Premises or on any Public Place 
adjacent thereto which are under his or her control.
    B. No Licensee or employee shall consume Alcohol of any kind while 
working on the Licensed Premises.
    C. No Licensee shall knowingly sell, deliver, or furnish Alcoholic 
Beverages to an intoxicated person or to any person who has been 
adjudged insane or mentally deficient.

Section 3.11 Employment of Minors

    Employees under the Legal Age of twenty-one (21) may only sell or 
handle Alcohol while under the direct supervision of another employee 
who is twenty-one (21) years of age or older. Only employees who are 
twenty-one (21) years of age or older, may serve Alcoholic Beverages in 
a bar or lounge area where the Alcoholic Beverages are intended for on-
site consumption. Employees participating in selling, mixing, or 
serving Alcoholic Beverages must have an Alcoholic Beverage License.

Section 3.12 Display of License

    Any Licensee issued a License shall visually display the License at 
all times on the Premises specified in the application for such 
License.

Section 3.13 Licensed Premises Open to Alcohol Regulatory Authority 
Inspection

    The Premises of all Licensees, including vehicles used in 
connection with Alcohol Sales, shall be open at all times to inspection 
by the Alcohol Regulatory Authority or its designated representative.

Section 3.14 Licensee's Records

    The originals or copies of all Sales slips, invoices, and other 
memoranda covering all purchases of Alcohol by Licensees shall be kept 
on file in the Licensed Premises of the Licensee purchasing the same 
for at least three (3) years after each purchase and shall be filed 
separately and kept apart from all other records and, as nearly as 
possible, shall be filed in consecutive order and each month's records 
kept separate so as to render the same readily available for inspection 
and checking. All cancelled checks, bank statements and books of 
accounting covering or involving the purchase of Alcohol, and all 
memoranda, if any, showing payment of money for Alcohol other than by 
check, shall be likewise preserved for availability for inspection and 
checking.

Section 3.15 Records Confidential

    All records of the Alcohol Regulatory Authority showing purchase of 
Alcohol by any individual or group shall be confidential and shall not 
be inspected except by members of the Alcohol Regulatory Authority or 
its authorized representative.

Section 3.16 Conformity With Federal and State Law

    Licensees shall comply with the laws and regulations of the State 
of Oklahoma related to Alcohol to the extent required by 18 U.S.C. 
1161.

[[Page 71910]]

Licensees are subject to all of the enumerated prohibited acts 
contained in Title 37A of the Oklahoma Statutes, and failure of the 
Licensee to observe such laws will subject said Licensee to Federal 
prosecution under 18 U.S.C. 1181.

Article IV--Licensing

Section 4.1 License Required

    A. Any and all Sales of Alcoholic Beverages conducted upon Tribal 
Lands shall be permitted only where the seller (i) holds a current 
Alcoholic Beverage License, duly issued by the Alcohol Regulatory 
Authority; and (ii) prominently and conspicuously displays the License 
on the Premises or location designated on the License.
    B. A Licensee has the right to engage only in those activities 
involving Alcoholic Beverage(s) expressly authorized by such License in 
accordance with this Ordinance.

Section 4.2 Licensing Procedures

    The Alcohol Regulatory Authority shall have authority over the 
licensing of all persons related to the Sale of Alcohol within the 
Tribal Lands. The Alcohol Regulatory Authority is empowered to 
administer this Ordinance by exercising general control, management, 
and supervision of all Alcoholic Beverage Sales, places of Sale and 
Sales Premises, as well as exercising all powers necessary to 
accomplish the purposes of this Ordinance, and adopting and enforcing 
any additional rules and policies in furtherance of the purposes of 
this Ordinance and in the performance of its administrative functions 
as provided herein.
    A. Eligibility. Any person may apply to the Alcohol Regulatory 
Authority for a License as provided herein. Only Applicants operating 
upon Tribal Lands shall be eligible to receive a License for the Sale 
of Alcohol upon Tribal Lands pursuant to this Ordinance.
    B. Application Process.
    1. Application Form. An application for any License shall be made 
to the Alcohol Regulatory Authority on the appropriate form for such 
License as provided by the Alcohol Regulatory Authority.
    2. Payment of Fees. Each application shall be accompanied by a non-
refundable application fee as specified herein. All application fees 
paid to the Alcohol Regulatory Authority are nonrefundable upon 
submission of any such application. Each application shall require the 
payment of a separate application fee. Following approval of an 
application, but prior to issuance of the License, the Applicant shall 
pay the appropriate nonrefundable License fee to the Alcohol Regulatory 
Authority. Each License or renewal shall require the payment of a 
separate License fee or renewal fee.
    3. Processing of Application. The Alcohol Regulatory Authority 
shall receive and process applications, and shall be the official 
representative of the Tribe and Tribal Council in matters relating to 
Alcohol, licensing related to Alcohol and the collection of taxes on 
Alcohol and any matters related to Alcohol. The Alcohol Regulatory 
Authority, or its authorized representative, shall order any Applicant 
to provide all additional information as deemed necessary for 
processing, reviewing or revoking an application or License. If the 
Alcohol Regulatory Authority, or its authorized representative, is 
satisfied that the Applicant is a suitable and reputable person, the 
Alcohol Regulatory Authority, or its authorized representative, may 
issue a License as provided herein.
    4. Investigation. Upon receipt of an application for the issuance, 
transfer, or renewal of a License, the Alcohol Regulatory Authority 
shall make a thorough investigation to determine whether the Applicant 
and the Premises or location for which a License is applied for 
qualifies for a License, and whether the provisions of this Ordinance 
have been complied with. The Alcohol Regulatory Authority shall 
investigate all matters connected therewith which may affect the public 
health, welfare, and morals.
    5. Approval and Disapproval. The Alcohol Regulatory Authority will 
be responsible for approval or disapproval of all Applications. The 
Alcohol Regulatory Authority may cause a License to be issued to any 
Applicant it may deem appropriate, but not contrary to the best 
interests of the Tribe and its Tribal members. Any Applicant that 
desires to receive any Alcoholic Beverage License, and that meets the 
eligibility requirements pursuant to this Ordinance, must apply to the 
Alcohol Regulatory Authority for the desired class of License. Any such 
person as may be empowered to make such application, shall:
    a. Fully and accurately complete the application provided by the 
Alcohol Regulatory Authority;
    b. pay the Alcohol Regulatory Authority such application fee as may 
be required; and
    c. submit such application to the Alcohol Regulatory Authority for 
consideration.
    6. Restrictions:
    a. No License for on-site consumption on the Premises shall be 
issued for a business within 300 feet of a licensed school or licensed 
child care facility;
    b. No License shall be issued to a convicted felon.
    7. Temporary Denial. If the application is denied solely on the 
basis of failing to complete the application properly or tendering the 
appropriate fee, the Alcohol Regulatory Authority shall, within fifteen 
(15) calendar days of such action, deliver in person or by mail a 
written notice of temporary denial to the Applicant. Such notice of 
temporary denial shall: (i) Set forth the reason(s) for denial; and 
(ii) State that the temporary denial will become a permanent denial if 
the reason(s) for denial are not corrected within fifteen (15) calendar 
days following the mailing or personal delivery of such notice unless 
otherwise extended by the Alcohol Regulatory Authority.
    8. Denial of License or Renewal. An application for a new License 
or License renewal may be denied for one or more of the following 
reasons:
    a. The Applicant materially misrepresented facts contained in the 
application;
    b. The Applicant is currently not in compliance with these 
Regulations, this Ordinance, or any other Tribal, County, State or 
Federal laws;
    c. Granting of the License, or renewal thereof, would create a 
threat to the peace, safety, morals, health, or welfare of the Tribe;
    d. The Applicant has failed to complete the application properly or 
has failed to tender the appropriate fee; or
    e. A verdict or judgment has been entered against, or a plea of 
nolo contendere has been entered by the Applicant or by any Applicants' 
officer, director, manager, or any other employee with primary 
management responsibility related to the Sale of Alcoholic Beverages, 
to any offense under Tribal, Federal, County, or State laws prohibiting 
or regulating the Sale, use, possession or giving away of Alcoholic 
Beverages.
    9. Cure. If an Applicant is denied a License, the Applicant may 
cure the deficiency and resubmit the application for consideration. 
Each re-submission will be treated as a new application for License or 
renewal of a License, and the appropriate fee shall be due upon re-
submission.
    10. Procedures for Appealing a Denial or Condition of Application. 
Any Applicant for a License or Licensee who believes the denial of 
their License, request for renewal, or condition imposed on their 
License was

[[Page 71911]]

wrongfully determined may appeal the decision of the Alcohol Regulatory 
Authority in accordance with this Ordinance Section 4.3. The Alcohol 
Regulatory Authority's decision on the appeal shall be considered a 
final decision by the Kaw Nation and shall only be appealable to the 
Kaw Nation Tribal Court.
    11. Issuance of Licenses and Renewal Licenses. Upon approval of an 
application and payment of the appropriate renewal License fee, the 
Alcohol Regulatory Authority shall issue the Applicant such License as 
specified in the application that will be valid from the date of 
issuance until December 31 of that year. Licenses shall be renewable at 
the discretion of the Alcohol Regulatory Authority by submission by the 
Licensee of a subsequent renewal application form, subsequent 
application fee, and payment of the renewal License fee as adopted by 
the Alcohol Regulatory Authority in accord this Ordinance. Renewal 
Licenses shall be effective as of January 1 and shall be valid until 
December 31 of that year. Any License or Renewal License issued under 
this Ordinance shall not be transferable.
    12. Final Authority. The Alcohol Regulatory Authority has full 
power and final authority to deny any Applicant for any of the above 
and/or for any other reason where it would be to the detriment of the 
Tribe.
    C. Term and Renewal of Licenses.
    1. The term of all Licenses issued under this Ordinance shall be 
for a period not to exceed one (1) year from the original date of 
issuance and may be renewed thereafter on a year-to-year basis, in 
compliance with this Ordinance and any rules and/or policies hereafter 
adopted by the Alcohol Regulatory Authority. Every License shall expire 
on December 31 following its issuance or renewal, and each Licensee 
shall be eligible for subsequent renewal terms of one (1) year 
beginning on the January 1 following each expiration.
    2. Each License may be considered for renewal by the Alcohol 
Regulatory Authority annually upon the Licensee's submission of a new 
application and payment of all fees. Such renewal application shall be 
submitted to the Alcohol Regulatory Authority at least twenty (20) days 
and no more than ninety (90) days prior to the expiration of an 
existing License. If a License is not renewed prior to its expiration, 
the Licensee shall cease and desist all activity previously authorized 
under the License, including the Sale of any Alcoholic Beverages, until 
the renewal of such License is properly approved by the Alcohol 
Regulatory Authority.

Section 4.3 Appeals to the Alcohol Regulatory Authority for Denial of 
License.

    Upon receipt of an appeal of a denial of a License, the Alcohol 
Regulatory Authority shall set the consideration of such appeal for a 
public hearing. Notice of the time and place of such hearing shall be 
mailed to the Applicant and provided to the public at least twenty (20) 
calendar days before the date of the hearing. Notice shall be mailed to 
the Applicant by prepaid U.S. mail at the address listed in the 
application. Notice shall be provided to the public in the same method 
as used to notify the public of meetings pursuant to the Kaw Nation 
Constitution. The public notice shall include:
    A. The name of the Applicant;
    B. whether the hearing will consider a new License issuance or 
renewal of an existing License;
    C. the class of License applied for; and
    D. an address and general description of the area where the 
Alcoholic Beverages will be or have been sold.
    At such hearings, the Alcohol Regulatory Authority shall hear from 
any person who wishes to speak for or against the application, subject 
to any limitations herein. The Alcohol Regulatory Authority shall have 
the authority to place time limits on each speaker and limit or 
prohibit repetitive testimony.
    Appeals of the Alcohol Regulatory Authority may be appealed to the 
Kaw Nation Tribal Court.

Section 4.4 Classes of Licenses

    The Alcohol Regulatory Authority shall have the authority to issue 
the following classes of Alcoholic Beverage Licenses and any additional 
classes of Alcoholic Beverage License as it may determine necessary for 
the benefit of the Nation so long as such Licenses are in compliance 
with Tribal, Federal and State law:
    A. ``Retail Spirits License'' authorizing the Licensee to Purchase 
Wine or Spirits from a Wine and Spirits Wholesaler, to purchase Beer 
from a Beer distributor or from the holder of a small brewer self-
distribution License, and to sell same on the Licensed Premises in such 
containers to consumers for off-Premises consumption only and not for 
resale.
    B. ``Retail Beer and Wine License'' authorizing the Licensee to 
purchase Beer from a Beer distributor, or from the holder of a small 
brewer self-distribution License and/or purchase Wine from a Wine and 
Spirits Wholesaler or a small farm Winemaker who is permitted and has 
elected to self-distribute as provided in Article XXVIIIA of the 
Oklahoma Constitution; and to sell same on the Licensed Premises in 
such containers to consumers for off-Premises consumption only and not 
for resale. Provided, no holder of a Retail Beer and Wine License may 
sell a malt Beverage with Alcohol Beverage volume in excess of eight 
and ninety-nine/one hundredths percent (8.99%).
    C. ``Mixed Beverage License'' authorizing the Licensee to purchase 
Alcohol, Spirits, Beer and/or Wine in retail containers from the holder 
of a Wine and Spirits Wholesaler and Beer distributor License as 
specifically provided by law; and to sell, offer for Sale and possess 
Mixed Beverages for on-Premises consumption only; provided, the holder 
of a Mixed Beverage License issued for an establishment which is also a 
restaurant may purchase Wine directly from a Winemaker and Beer 
directly from a small brewer who is permitted and has elected to self-
distribute as provided in Article XXVIIIA of the Oklahoma Constitution.
    Sales and service of Mixed Beverages by holders of Mixed Beverage 
Licenses shall be limited to the Licensed Premises of the Licensee 
unless the holder of the Mixed Beverage License also obtains a caterer 
License or a Mixed Beverage/caterer combination License. A Mixed 
Beverage License shall only be issued where the Sale of Alcoholic 
Beverages by the individual drink for on-Premises consumption has been 
authorized. A separate License shall be required for each place of 
business.
    D. '' On Site Beer and Wine License'' authorizing the Licensee to 
purchase Beer and Wine in retail containers from the holder of a 
wholesaler, Beer distributor, small brewer self-distribution or brewpub 
self-distribution License or as specifically provided by law; and to 
sell, offer for Sale and possess Beer and Wine for on-site consumption 
only; provided, the holder of an on-site Beer and Wine License issued 
for an establishment which is also a restaurant may purchase Wine from 
a Winemaker who is permitted and has elected to self-distribute as 
provided in Article XXVIIIA of the Oklahoma Constitution. Sales and 
service of Beer and Wine by holders of on-site Beer and Wine Licenses 
shall be limited to the Licensed Premises of the Licensee unless the 
holder of the on-site Beer and Wine License also obtains a caterer 
License. An on-site Beer and Wine License shall only be issued where 
the

[[Page 71912]]

Sale of Alcoholic Beverages by the individual drink for on-site 
consumption has been authorized. A separate License shall be required 
for each place of business. No Spirits shall be stored, possessed or 
consumed on the Licensed Premises of an on-site Beer and Wine License, 
unless the Premises also has a Mixed Beverage License.
    E. ``Caterer License'' authorizing the Licensee to sell Mixed 
Beverages for on-Premises consumption incidental to the Sale or 
distribution of food at particular functions, occasions or events which 
are temporary in nature. A Caterer License shall not be issued in lieu 
of a Mixed Beverage License. A Caterer License shall only be issued 
where the Sale of Alcoholic Beverages by the individual drink for on-
site consumption has been authorized. A separate License shall be 
required for each place of business.
    F. ``Special Event License'' A Special Event License may be issued 
to an organization, association or nonprofit corporation organized for 
political, fraternal, religious or social purposes. The holder of a 
Special Event License is authorized to sell and distribute Alcoholic 
Beverage on the Premises for which the License is issued. The Alcohol 
Regulatory Authority shall promulgate regulations governing the 
application for and the issuance of Special Event Licenses. The 
restrictions and rules which apply to the Sale of Mixed Beverages on 
the Premises of a Mixed Beverage Licensee also apply to the Sale of 
such Beverages under the authority of a Special Event License. Any act 
which if done on the Premises of a Mixed Beverage Licensee would be a 
ground for revocation or suspension of the Mixed Beverage License is a 
ground for revocation or suspension of a Special Event License. No 
Special Event License may be issued for any Premises already Licensed 
by the Alcohol Regulatory Authority.
    G. ``Employee License'' authorizing the holder thereof to work in a 
Licensed Retail Spirits, Retail Wine or Retail Beer establishment, 
Mixed Beverage establishment, Beer and Wine establishment, or any 
establishment where Alcohol or Alcoholic Beverages are sold, Mixed or 
served. Persons employed by a Mixed Beverage, On-Site Beer and Wine, 
Retail Wine, or Retail Beer, Licensee who do not participate in the 
service, mixing or Sale of Mixed Beverages shall not be required to 
have an Employee License. Provided, however, that a manager employed by 
a Mixed Beverage Licensee shall be required to have an Employee License 
whether or not the manager participates in the service, mixing or Sale 
of Mixed Beverages. Applicants for an Employee License must be at least 
eighteen (18) years of age and have a health card issued by the county 
in which they are employed, if the county issues such a card; provided, 
the provisions of this section shall not be construed to permit any 
person under twenty-one (21) years of age to be employed to sell 
Spirits. Employees of a Licensee holding a Special Event, or Caterer 
License, shall not be required to obtain an Employee License. Persons 
employed by a hotel Licensee who participate in the stocking of hotel 
room mini-bars or in the handling of Alcoholic Beverages to be placed 
in such devices shall be required to have an Employee License. As a 
prerequisite to the issuance of an Employee License, not later than 
fourteen (14) days after initial licensure, the first-time Applicant 
shall be required to have successfully completed a training program 
conducted by the ABLE Commission, or by another entity approved by the 
ABLE Commission, including an in-house training program conducted by 
the employer. Proof of training completion shall be made available for 
inspection by the ABLE Commission at the business location employing 
the Licensee. The failure of an Employee Licensee to comply with this 
section may constitute cause for termination of employment.
    H. ``Mixed Beverage/Caterer Combination License'' A Mixed Beverage/
caterer combination License shall authorize the holder thereof to 
purchase or sell Mixed Beverages as specifically provided by law for 
the holder of a Mixed Beverage License or a caterer License. All 
provisions of the Oklahoma Alcoholic Beverage Control Act applicable to 
Mixed Beverage Licenses or caterer Licenses, or the holders thereof, 
shall also be applicable to Mixed Beverage/caterer combination Licenses 
or the holders thereof, except where specifically otherwise provided. A 
Mixed Beverage/caterer combination License shall only be issued in 
counties of this State where the Sale of Alcoholic Beverages by the 
individual drink for on-Premises consumption has been authorized. A 
separate License shall be required for each place of business.

Section 4.5 Revocation of License

    The Alcohol Regulatory Authority may initiate an action to revoke a 
License whenever it is brought to the attention of the Alcohol 
Regulatory Authority that a Licensee:
    A. Has materially misrepresented facts contained in any License 
application;
    B. is not in compliance with this Ordinance or any other Tribal, 
County, State or Federal laws material to the issue of Alcohol 
licensing;
    C. has failed to comply with any condition of a License, including 
failure to pay taxes on the Sale of Alcoholic Beverages or failure to 
pay any fee required by the Alcohol Regulatory Authority;
    D. has had a verdict, or judgment entered against, or has had a 
plea of nolo contendere entered by any of its officers, directors, 
managers or any employees with primary responsibility over the Sale of 
Alcoholic Beverages, as to any offense under Tribal, County, Federal or 
State laws prohibiting or regulating the Sale, use, or possession, of 
Alcoholic Beverages;
    E. has failed to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the Premises or location 
designated in the License, or any adjacent area under their control, 
within a reasonable time after receipt of a notice to make such 
corrections has been mailed or personally delivered by the Alcohol 
Regulatory Authority;
    F. has had their Oklahoma Alcohol License suspended or revoked; or
    G. has sold Alcoholic Beverage(s) to any person under the Legal Age 
of twenty-one (21) years.
    Revocation proceedings shall comply with the requirements of this 
Ordinance stated below. Such revocation proceedings held on any 
complaint shall be held under such rules and regulations as the Alcohol 
Regulatory Authority may prescribe.

Section 4.6 Revocation Proceedings on Revocation of License

    The Alcohol Regulatory Authority, shall give ten (10) days' notice 
to the person holding the License, stating that the License will be 
revoked and the reason for the revocation. The Licensee must respond to 
the Alcohol Regulatory Authority via letter within those ten (10) days 
for any reconsideration. If there is a response, the License will be 
suspended until the Alcohol Regulatory Authority makes a final 
determination. The Alcohol Regulatory Authority shall review any 
response and shall make a final determination within ten (10) business 
days on whether to revoke the License. Any appeals on the final 
decision of the Alcohol Regulatory Authority to revoke a License shall 
be made in the Tribal Court.

Section 4.7 Transferability of Licenses

    Alcoholic Beverage Licenses shall be issued to a specific Licensee 
for use at a single Premises or location (business enterprise) and 
shall not be transferable for use by any other Premises or location. 
Separate Licenses shall be

[[Page 71913]]

required for each of the Premises of any Licensee having more than one 
Premises or location where the Sale, distribution, or manufacture of 
Alcoholic Beverages may occur.

Section 4.8 Posting of License

    Every Licensee shall post and keep posted its License(s) in a 
prominent and conspicuous place(s) on the Premises or location 
designated in the License. Any License posted on a Premises or location 
not designated in such License shall not be considered invalid and 
shall constitute a separate violation of this Ordinance.

Section 4.9 Specification of Premises

    Each application shall specify the Premises where the manufacture, 
Wholesale, or retail Sale of Alcohol will occur, and such Premises 
shall be managed by the person specified on such application.

Article V--Fees

Section 5.1 License and Filing Fees

    Licensing and filing fees may be set and amended from time to time 
by official action of the Alcohol Regulatory Authority in Regulations.

Article VI--Taxation

Section 6.1 Tribal Excise Tax Imposed Upon Distribution of Alcohol

    A. Tribal Excise Tax. The Tribal Council shall by resolution, 
include a provision for the taxing of Sales of Alcohol Beverages to the 
consumer or purchaser. Such tax shall be determined by the Alcohol 
Regulatory Authority.
    B. Added To Retail Price. The excise tax levied hereunder shall be 
added to the retail selling, price of Alcoholic Beverages sold to the 
ultimate consumers.

Section 6.2 Taxes Due

    All taxes collected on the Sale of Alcoholic Beverages under this 
Ordinance are due to the Kaw Nation Tax Commission from a Licensee on 
the fifteenth (15) day of the month following the end of the month for 
which taxes are due.

Section 6.3 Delinquent Taxes

    Past due taxes shall accrue interest at the rate determined by the 
Kaw Nation Tax Commission.

Section 6.4 Reports

    Along with the payment of taxes imposed hereby, the Licensee shall 
submit a monthly report and accounting of all income from the Sale, 
distribution, and or manufacture of Alcoholic Beverages within Tribal 
Lands, and for all taxes collected under this Ordinance to the Kaw 
Nation Tax Commission.

Section 6.5 Audit

    All Licensees are subject to the review or audit of their books and 
records relating to the Sale of Alcoholic Beverages hereunder by the 
Alcohol Regulatory Authority. Such review or audit may be performed 
periodically by Alcohol Regulatory Authority's agents or employees at 
such times as in the opinion of the Alcohol Regulatory Authority such 
review or audit is appropriate to the proper enforcement of this 
Ordinance.

Article VII--Powers of Enforcment

Section 7.1 Alcohol Regulatory Authority

    In furtherance of this Ordinance, the Alcohol Regulatory Authority 
shall have exclusive authority to administer and implement this 
Ordinance and shall have the following powers and duties hereunder:
    A. To adopt and enforce rules and regulations governing the Sale, 
manufacture, distribution, and possession of Alcoholic Beverages within 
the Tribal Lands of the Kaw Nation;
    B. To employ such persons as may be reasonably necessary to perform 
all administrative and regulatory responsibilities of the Alcohol 
Regulatory Authority hereunder. All such employees shall be employees 
of the Tribe;
    C. To issue Licenses permitting the Sale, manufacture, 
distribution, and possession of Alcoholic Beverages within the Tribal 
Lands;
    D. To give reasonable notice and to hold hearings on violations of 
this Ordinance, and for consideration of the issuance or revocation of 
Licenses hereunder;
    E. To deny applications and renewals for Licenses and revoke issued 
Licenses as provided in this Ordinance;
    F. To bring such other actions as may be required to enforce this 
Ordinance;
    G. To prepare and deliver such reports as may be required by law or 
regulation; and
    H. To collect taxes, fees, and penalties as may be required, 
imposed, or allowed by law or regulation, and to keep accurate books, 
records, and accounts of the same.

Section 7.2 Right of Inspection

    Any Premises or location of any commercial enterprise Licensed to 
manufacture, distribute, or sell Alcoholic Beverages pursuant to this 
Ordinance shall be open for inspection by the Alcohol Regulatory 
Authority for the purpose of insuring the compliance or noncompliance 
of the Licensee with all provisions of this Ordinance and any 
applicable Tribal Laws or Regulations.

Section 7.3 Limitation on Powers

    In the exercise of its powers and duties under this Ordinance, 
agents, employees, or any other affiliated persons of the Alcohol 
Regulatory Authority shall not, whether individually or as a whole:
    A. Accept any gratuity, compensation, or other thing of value from 
any Alcoholic Beverage Wholesaler, retailer, or distributor, or from 
any Applicant or Licensee; or
    B. Waive the sovereign immunity of the Kaw Nation, or of any 
agency, commission, or entity thereof without the express written 
consent by resolution of the Tribal Council of the Kaw Nation.

Article VIII--Rules, Regulations, and Enforcment

Section 8.1 Public Conveyance

    Any person engaged in the business of carrying passengers for hire, 
and every agent, servant, or employee of such person, who shall 
knowingly permit any person to consume any Alcoholic Beverage in any 
such public conveyance shall be in violation of this Ordinance.

Section 8.2 Age of Consumption

    No person under the Legal Age of twenty-one (21) years may possess 
or consume any Alcoholic Beverage on Tribal lands, and any such 
possession or consumption shall be in violation of this Ordinance.

Section 8.3 Serving Underage Person

    No person shall sell or serve any Alcoholic Beverage to a person 
under the age of twenty-one (21) or permit any such person to possess 
or consume any Alcoholic Beverages on the Premises or on any Premises 
under their control. Any Licensee violating this section shall be 
guilty of a separate violation of this Ordinance for each and every 
Alcoholic Beverage sold or served and or consumed by such an underage 
person.

Section 8.4 False Identification

    Any person who purchases or who attempts to purchase any Alcoholic 
Beverage through the use of false, or altered identification that 
falsely purports to show such person to be over the Legal Age of 
twenty-one (21) years shall be in violation of this Ordinance.

Section 8.5 Documentation of Age

    Any seller or server of any Alcoholic Beverage shall be required to 
request

[[Page 71914]]

proper and satisfactory documentation of age of any person who appears 
to be thirty-five (35) years of age or younger. When requested by a 
seller or server of Alcoholic Beverages, every person shall be required 
to present proper and satisfactory documentation of the bearer's age, 
signature, and photograph prior to the purchase or delivery of any 
Alcoholic Beverage. For purposes of this Ordinance, proper and 
satisfactory documentation shall include one or more of the following:
    A. Driver's License or personal identification card issued by any 
State department of motor vehicles or Tribal or Federal government 
agency showing birthdate;
    B. United States active duty military credentials; or
    C. Passport.
    Any seller, server, or person attempting to purchase an Alcoholic 
Beverage, who does not comply with the requirements of this section 
shall be in violation of this Ordinance and subject to civil penalties, 
as determined by the Alcohol Regulatory Authority.

Section 8.6 General Penalties

    Any person or commercial enterprise determined by the Alcohol 
Regulatory Authority to be in violation of this Ordinance, including 
any lawful regulation promulgated pursuant thereto, shall be subject to 
a civil penalty as adopted by the Alcohol Regulatory Authority for each 
such violation, except as provided herein. The Alcohol Regulatory 
Authority may adopt by resolution a separate written schedule for fines 
for each type of violation, taking into account the seriousness and 
threat the violation may pose to the general public health and welfare. 
The civil penalties provided for herein shall be in addition to any 
criminal penalties that may be imposed under any other Tribal, Federal, 
or State laws.

Section 8.7 Initiation of Action

    Any violation of this Ordinance shall constitute a public nuisance. 
The Alcohol Regulatory Authority may initiate and maintain an action in 
Tribal Court to abate and permanently enjoin any nuisance declared 
under this Ordinance. Any action taken under this section shall be in 
addition to any other civil penalties provided for in this Ordinance. 
The Alcohol Regulatory Authority shall not be required to post any form 
of bond in such action.

Section 8.8 Contraband; Seizure; Forfeiture

    A. All Alcoholic Beverages held, owned, or possessed within Tribal 
Lands by any person, commercial enterprise, or Licensee operating in 
violation of this Ordinance are hereby declared to be contraband and 
subject to seizure and forfeiture to the Tribe.
    B. Seizure of contraband as defined in this Ordinance shall be done 
by the Alcohol Regulatory Authority, with the assistance of law 
enforcement upon request, and all such contraband seized shall be 
inventoried and maintained by the Alcohol Regulatory Authority pending 
a final order of the Tribal Court. The owner of the contraband seized 
may alternatively request that the contraband seized be sold and the 
proceeds received therefrom be maintained by law enforcement pending a 
final order of the Tribal Court. The proceeds from such a Sale are 
subject to forfeiture in lieu of the seized contraband.
    C. Any complaint regarding the seizure or forfeiture of contraband 
shall be heard in Tribal Court.

Article IX-- Nuisance and Abatement

Section 9.1 Nuisance

    Any room, house, building, vehicle, structure, Premises, or other 
location where Alcoholic Beverages are sold, manufactured, distributed, 
bartered, exchanged, given away, furnished, or otherwise possessed or 
disposed of in violation of this Ordinance, or of any other Tribal, 
Federal, or State laws related to the transportation, possession, 
distribution or Sale of Alcoholic Beverages, and including all property 
kept therein, or thereon, and used in, or in connection with such 
violation is hereby declared to be a nuisance upon any second or 
subsequent violation of the same.

Section 9.2 Action To Abate Nuisance

    Upon a determination by the Alcohol Regulatory Authority that any 
such place or activity is a nuisance under any provision of this 
Ordinance, the Tribe or the Alcohol Regulatory Authority may bring a 
civil action in the Tribal Court to abate and to perpetually enjoin any 
such activity declared to be a nuisance. Such injunctive relief may 
include a closure of any business or other use of the property for up 
to one (1) year from the date of the such injunctive relief, or until 
the owner, lessee or tenant shall: (i) Give bond set by the Tribal 
Court and be conditioned that any further violation of this Ordinance 
or other Tribal laws will result in the forfeiture of such bond; and 
(ii) pay all fines, costs and assessments against him/her/it. If any 
condition of the bond is violated, the bond shall be forfeited and the 
proceeds recoverable by the Alcohol Regulatory Authority through an 
order of the Tribal Court. Any action taken under this section shall be 
in addition to any other civil penalties provided for in this 
Ordinance.

Article X-- Revenue and Reporting

Section 10.1 Use and Appropriation of Revenue Received

    All fees, taxes, payments, fines, costs, assessments, and any other 
revenues collected by the Kaw Nation Tax Commission under this 
Ordinance, from whatever sources, shall be expended first for the 
administrative costs incurred in the administration and enforcement of 
this Ordinance. Any excess funds shall be subject to and available for 
appropriation by the Tribal Council to the Tribe.

Section 10.2 Audit

    The Alcohol Regulatory Authority and its handling of all funds 
collected under this Ordinance is subject to review and audit by the 
Tribe as part of the annual financial audit of the Alcohol Regulatory 
Authority.

Section 10.3 Reports

    The Alcohol Regulatory Authority shall submit to the Kaw Nation Tax 
Commission a monthly report and accounting of all fees, taxes, 
payments, fines, costs, assessments, and all other revenues collected 
and expended pursuant to this Ordinance.

Article XI--Miscellaneous

Section 11.1 Liability for Unpaid Amounts Due to Vendors or Authorities

    The Tribe shall have absolutely no legal responsibility for any 
amounts owed by a Licensee to a Wholesale supplier or any other person, 
including Federal or State regulatory authorities.

Section 11.2 Other Business by Operator

    A Licensee may conduct another business simultaneously with the 
Sale of Alcohol and/or Alcoholic Beverages, so long as such additional 
business complies with Tribal, Federal, County, or State law. Said 
additional business may be conducted on the same Premises, but the 
Licensee shall be required to maintain subsidiary books of account to 
insure accountability of Alcohol and/or Alcoholic Beverage Sales and 
other separate business operations.

Section 11.3 Tribal Liability and Credit

    Licensees are forbidden to represent or give the impression to any 
supplier or person with whom he or she does business that he or she is 
an official

[[Page 71915]]

representative of the Tribe or the Alcohol Regulatory Authority 
authorized to pledge Tribal credit or financial responsibility for any 
of the expenses of his or her business operation. The Licensee shall 
hold the Kaw Nation harmless from all claims and liability of whatever 
nature. The Alcohol Regulatory Authority shall revoke the License 
related to any Premises if said Premises is not operated in a 
businesslike manner or if it does not remain financially solvent or 
does not pay its operating expenses and bills before they become 
delinquent.

Section 11.4 Insurance

    The Licensee shall maintain at his or her expense adequate 
insurance covering liability risk as determined by Regulations adopted 
by the Alcohol Regulatory Authority.

Section 11.5 Audit and Inspection

    All of the books and other business records of the Licensed 
business shall be available for inspection and audit by the Alcohol 
Regulatory Authority or its authorized representative at any reasonable 
time.

Section 11.6 Payment of Tax; Reports; Bonding

    The tax, together with financial reports showing all Sales of 
Alcohol shall be remitted to the Kaw Nation Tax Commission monthly 
unless otherwise specified, in writing, by the Alcohol Regulatory 
Authority. The Alcohol Regulatory Authority may require a Licensee to 
furnish a satisfactory bond to the Tribe in an amount to be specified 
by the Alcohol Regulatory Authority guaranteeing his or her payment of 
taxes provided herein.

Section 11.7 Violation--Penalties

    Any person violating the Ordinance shall be guilty of a civil 
offense and subject to a fine set by the Alcohol Regulatory Authority. 
Any person who violates the provisions set forth herein shall forfeit 
all of the Alcohol on the Premises. The Alcohol Regulatory Authority 
shall be empowered to seize all forfeited Alcohol. Specific fines shall 
be set by the Alcohol Regulatory Authority and may be amended from time 
to time by official action of the Alcohol Regulatory Authority.

Section 11.8 Severability

    If any provision of this Ordinance in its application to any person 
or circumstance is held invalid, the remainder of this Ordinance and 
its application to other persons or circumstances is not affected.

Section 11.9 Amendments

    Any amendments to this Ordinance shall be approved by the Tribal 
Council and will be effective as of the date approved by the Bureau of 
Indian Affairs.
[FR Doc. 2021-27496 Filed 12-17-21; 8:45 am]
BILLING CODE 4337-15-P