Cheyenne River Sioux Tribe Alcoholic Beverages Control Law, 30328-30337 [2023-10035]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Notices]
[Pages 30328-30337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10035]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[234A2100DD/AAKC001030/A0A501010.999900]


Cheyenne River Sioux Tribe Alcoholic Beverages Control Law

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Cheyenne River Sioux Tribe Alcoholic 
Beverages Control Law (``Ordinance''). This Ordinance amends and 
supersedes the existing Alcoholic Beverages Control Law, published in 
the Federal Register on May 20, 1992.

DATES: Effective Date: This Ordinance shall become effective June 12, 
2023.

FOR FURTHER INFORMATION CONTACT: Todd Gravelle, Supervisory Tribal 
Operations Specialist, Great Plains Regional Office, Bureau of Indian 
Affairs, 115 Fourth Avenue Southeast, Suite 400, Aberdeen, South Dakota 
57401, Telephone: (605) 226-7376, Fax: (605) 226-7379.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor control laws for the purpose of regulating liquor 
transactions in Indian country. The Cheyenne River Sioux Tribe's first 
Alcoholic Beverages Control Law was published in the Federal Register 
on May 20, 1992, (57 FR 21554) and this amendment supersedes the 
existing Ordinance, duly adopted by the Cheyenne River Sioux Tribe by 
Resolution No. 43-2023-CR on March 10, 2023. By the delegated authority 
contained in 3 IAM 4.4, the Great Plains Regional Director, Bureau of 
Indian Affairs, approved the amendment on April 6, 2023.
    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 Cheyenne River Sioux Tribe duly adopted 
this Alcoholic Beverages Control Law by Resolution No. 43-2023-CR on 
March 10, 2023.

Bryan Newland,
Assistant Secretary--Indian Affairs.

    The Cheyenne River Sioux Tribe's Alcoholic Beverages Control Law 
shall read as follows:

Ordinance No. 48

Alcoholic Beverages Control Law Cheyenne River Sioux Tribe of South 
Dakota

As Amended

Section 1. Legislative Findings and Policy

    Sec. 1-1-1. Alcohol Abuse is an Epidemic. The Tribal Council, being 
vested with the power to protect the public health and to provide for 
the peace and safety of residents of the Cheyenne River Sioux Indian 
Reservation, hereby finds that alcohol abuse is an epidemic within the 
territory of the Cheyenne River Sioux Tribe, and further finds that:
    (A) Alcohol abuse leads to frequent early loss of life and 
morbidity among tribal members and other residents of the Reservation. 
For example, the age adjusted accident death rates due to homicide, 
suicide, motor vehicle accidents and diseases related to alcohol abuse 
are several times higher among tribal members than the general 
population of the United States, and 90 to 95% of serious trauma cases 
treated by the Indian Health Service on the Reservation are alcohol 
related.
    (B) Alcohol abuse results in dysfunctional families on the 
Reservation, and the vast majority of child abuse, spousal abuse and 
elderly abuse that occurs on the Reservation are alcohol related.
    (C) Fetal Alcohol Syndrome and Fetal Alcohol Effect occur at 
alarming rates among children born within the territory of the Tribe, 
and children born with parental alcohol damage have difficulty caring 
for themselves all of their lives. The Tribe has a compelling interest 
in protecting children from Fetal Alcohol Syndrome and Fetal Alcohol 
Effect.
    (D) Unemployment ranges from 60 to 65% among tribal members on the 
Reservation and poverty is widespread. Many tribal members suffer 
economic deprivation due to alcohol abuse, ranging from unemployment to 
starvation.
    (E) Alcohol abuse contributes to the vast majority of the crime 
which takes place within tribal territory and places heavy burdens on 
the tribal criminal justice system and the tribal courts.
    (F) Alcohol abuse has a devastating impact on our families and the 
Reservation Community, and the Tribal Council has a duty to combat 
alcohol abuse.
    (G) Both the Tribe and the Federal Government devote tremendous 
resources to prevent and treat problems of alcohol abuse on the 
Reservation, yet even the combined treatment programs sponsored by the 
Tribe and Federal Government are not sufficient to address the problems 
of alcohol abuse. Far more must be done.
    (H) The Tribe must exercise its regulatory authority to combat the 
problems of alcohol abuse on the Reservation through a comprehensive, 
consistent, and clearly defined plan to minimize alcohol consumption on 
the Reservation and to discourage unsafe drinking practices. In 
addition, the Tribe must raise additional revenue to combat the 
problems of alcohol abuse.
    (I) Teenagers, young adults, and others are susceptible to new and 
increasingly dangerous high-alcohol-content beverages, some of which 
contain additives such as caffeine or sugar and increase the health 
concerns related to addiction and alcohol abuse.
    Sec. 1-1-2. Declaration of War on Alcohol Abuse. For the spiritual 
well-being of our children and families and for the survival and 
strengthening of our people, the Cheyenne River Sioux Tribe declares 
War on Alcohol Abuse and strives for the speedy elimination of alcohol 
abuse and its associated problems from the Cheyenne River Indian 
Reservation. In furtherance of the Tribe's War on Alcohol Abuse, the 
Tribal Council hereby declares that it is the policy of the Cheyenne 
River Sioux Tribe:

[[Page 30329]]

    (A) to minimize alcohol consumption among residents of the 
Reservation;
    (B) to discourage unsafe drinking practices, including, but not 
limited to, driving while intoxicated, alcoholism or chronic 
intoxication, violence related to alcohol abuse, public intoxication 
and drinking during pregnancy;
    (C) to minimize the adverse health effects of drinking alcohol 
through prevention, regulation and treatment;
    (D) to protect unborn children, who are people in their own right, 
from prenatal alcohol damage;
    (E) to control the supply of alcoholic beverages through taxation 
and regulation, and to control conditions of availability of alcoholic 
beverages through education and regulation;
    (F) to maximize education, prevention and treatment programs to 
fight alcohol abuse; and
    (G) to cause those who sell or consume alcoholic beverages to bear 
a greater proportion of the costs associated with alcohol abuse through 
taxation of alcoholic beverages and alcoholic beverage dealers and 
dedicating revenue derived therefrom for alcohol abuse education, 
enforcement, prevention, regulation and treatment.

Section 2. General Provisions and Definitions

    Sec. 2-1-1. Delegated Authority. In accordance with Article IV, 
Section 3 of the Constitution (Future Powers), the Tribal Council of 
the Cheyenne River Sioux Tribe hereby exercises the authority delegated 
to the Tribe by the Congress of the United States of America to 
regulate the manufacture, distribution, sale, possession and 
consumption of alcoholic beverages within the territory of the Tribe.
    Sec. 2-1-2. Statement of Purpose. The purpose of this Alcoholic 
Beverages Control Law is to regulate the manufacture, distribution, 
sale, possession and consumption of liquor on the Cheyenne River Indian 
Reservation. It is the Cheyenne River Sioux Tribe's intent in enacting 
this Ordinance to prohibit all traffic in liquor on the Cheyenne River 
Indian Reservation except to the extent allowed and permitted under the 
express terms of this Ordinance. Any person desiring to engage in the 
possession, sale, trade, transport or manufacture of alcoholic 
beverages on the Cheyenne River Sioux Indian Reservation shall comply 
with the rules and regulations set forth in this Alcoholic Beverages 
Control Law. This Ordinance shall be cited as the ``Cheyenne River 
Sioux Alcoholic Beverages Control Law'' and is promulgated pursuant to 
the constitutional, delegated and inherent authority of the Tribe for 
the purpose of protecting the welfare, health, peace, morals and safety 
of all people residing on the Cheyenne River Indian Reservation. All 
the provisions of this Ordinance shall be liberally construed to 
accomplish the above-declared purpose.
    Sec. 2-1-3. Applicability. This Ordinance shall apply to all 
persons engaged in the activities described herein on any and all lands 
and areas within the exterior boundaries of the Cheyenne River Indian 
Reservation, including lands held in fee, and all other lands subject 
to the jurisdiction of the Cheyenne River Sioux Tribe.
    Sec. 2-1-4. Definitions. The terms used in this Alcoholic Beverages 
Control Law, unless the context plainly otherwise requires, shall mean:
    (A) ``Alcoholic beverages,'' any distilled spirits, wine and malt 
beverages as defined in this Ordinance.
    (B) ``Alcoholic Beverages Dealer,'' any person who sells or engages 
in commercial traffic in alcoholic beverages, including manufacturers, 
retailers, solicitors, transporters and wholesalers.
    (C) ``Cheyenne River Indian Reservation'' shall include any and all 
lands within the territory of the Cheyenne River Indian Reservation as 
set forth in Article I of the Constitution of the Cheyenne River Sioux 
Tribe, whether said lands are trust, allotted or lands held in fee 
patent status.
    (D) ``Commission,'' the Alcoholic Beverage Control Commission.
    (E) ``Contraband,'' any alcoholic beverage introduced into, or 
possessed, offered for sale or used within, the territory of the Tribe 
contrary to tribal law and any receptacle or container in which such 
alcoholic beverages are found.
    (F) ``Director,'' the director of the Revenue Department.
    (G) ``Distilled spirits,'' ethyl alcohol, hydrated oxide of ethyl, 
spirits of wine, whiskey, rum, brandy, gin, and other distilled 
spirits, including all delusions and mixtures thereof, for 
nonindustrial use containing not less than one-half of one percent of 
alcohol by volume.
    (H) ``Distiller,'' means any person who owns, or who himself or 
through others, directly or indirectly, operates or aids in operating 
any distillery or other establishment for the production, rectifying, 
blending, or bottling of intoxicating liquor other than beer.
    (I) ``Intoxicating beverage,'' any alcoholic beverage.
    (J) ``Intoxicating liquor,'' any alcoholic beverage.
    (K) ``Liquor,'' any alcoholic beverage.
    (L) ``Malt beverage,'' a beverage made by the alcoholic 
fermentation of an infusion or decoction, or combination of both, in 
potable brewing water, of malted barley with hops, or their parts, or 
their products, and with or without other malted cereals, and with or 
without the addition of unmalted or prepared cereals, other 
carbohydrates or products prepared therefrom, and with or without the 
addition of carbon dioxide, and with or without other wholesome 
products suitable for human consumption containing not less than one-
half of one percent of alcohol by volume, and commonly referred to as 
beer or ale.
    (M) ``Manufacturer,'' any person who owns, or who himself or 
through others, directly or indirectly, operates or aids in operating 
any facility which produces alcohol beverages.
    (N) ``Off Sale,'' the sale of any alcoholic beverage for 
consumption off the premises where sold.
    (O) ``On Sale,'' the sale of any alcoholic beverage for consumption 
only upon the premises where sold.
    (P) ``On-Sale dealer,'' any person who sells, or keeps for sale, 
any alcoholic beverage for consumption on the premises where sold.
    (Q) ``Package,'' means the bottle or immediate container of any 
alcoholic beverage.
    (R) ``Package dealer,'' any person other than a distiller, 
manufacturer, or wholesaler, who sells, or keeps for sale, any 
alcoholic beverage for consumption off the premises where sold.
    (S) ``Person,'' any individual, firm, partnership, joint venture, 
association, corporation, municipal corporation, estate, trust, 
business receiver, or any group or combination acting as a unit and the 
plural as well as the singular in number.
    (T) ``Retailer,'' or ``retail dealer'' any person who sells 
alcoholic beverages for other than resale.
    (U) ``Retail license,'' an on- or off-sale license issued under the 
provisions of this Ordinance.
    (V) ``Revenue Department,'' the Cheyenne River Sioux Tribal Revenue 
Department.
    (W) ``Sale,'' the transfer, for a consideration, of title to any 
alcoholic beverage.
    (X) ``Solicitor,'' any person employed by a licensed wholesaler 
within or without the territorial limits of the Cheyenne River Indian 
Reservation, or by any distiller or manufacturer within or without the 
reservation, who solicits orders of intoxicating liquor from wholesale 
or retail dealers within the Reservation.

[[Page 30330]]

    (Y) ``Superior Court,'' Cheyenne River Sioux Tribal Court.
    (X) ``Transportation company,'' or ``transporter,'' any common 
carrier or operator of a private vehicle transporting or accepting for 
transportation any alcoholic beverage destined to be delivered to the 
Cheyenne River Indian Reservation, but not including transportation by 
carriers in interstate commerce where the shipment originates outside 
of the state and is destined to a point outside of the state.
    (Y) ``Treasurer,'' the duly elected and acting Treasurer of the 
Cheyenne River Sioux Tribe.
    (Z) ``Tribal Chairman,'' the Chairman of the Cheyenne River Sioux 
Tribe.
    (AA) ``Tribal Council,'' the governing body of the Cheyenne River 
Sioux Tribe.
    (BB) ``Wholesaler,'' any person who sells alcoholic beverages to 
retailers for resale.
    (CC) ``Wine,'' any liquid either commonly used, or reasonably 
adapted to use, for beverage purposes and obtained by the fermentation 
of the natural sugar content of fruits or other agricultural products 
containing sugar and containing no less than one-half of one percent of 
alcohol by volume but not more than twenty-four percent of alcohol by 
volume.

Section 3. Licensing Policies and Procedures

    Sec. 3-1-1. Granting of License. Any person intending to introduce, 
sell trade, transport or manufacture alcoholic beverages on the 
Cheyenne River Indian Reservation shall make application for a license 
and present the completed application to the Revenue Department. The 
liquor license fees shall be in annual payments, due prior to the 1st 
day of January of each calendar year, for the following prescribed 
fees:
    Sec. 3-1-2. Wholesale Licensing. The fee for an annual wholesale 
license shall be set by Tribal Council resolution at not less than Two 
Hundred Dollars ($200.00) and no more than Three Thousand Dollars 
($3,000.00).
    Sec. 3-1-3(A). Retail Licensing. The fee for an annual retail 
license shall be set by Tribal Council resolution at not less than One 
Hundred Dollars ($100.00) and no more than Twenty-Five Hundred Dollars 
($2,500.00).
    Sec. 3-1-3(B). Temporary Retail Licensing. A temporary alcoholic 
beverage license may be issued in conjunction with a special event, to 
be determined by the Commission, to a civic, charitable, educational, 
fraternal, or veteran's organization or to the holder of an annual 
license. Any temporary license issued under this section is limited to 
the conditions specified in the license, including a designation of the 
premises at which the licensee may introduce, sell or offer to keep for 
sale or transport for sale alcoholic beverages, and said temporary 
license may not exceed an effective period of four days. The fee for a 
temporary license shall be set by the Alcoholic Beverage Control 
Commission, and shall be no less than One Hundred Dollars ($100) and no 
more than Seven Hundred Fifty Dollars ($750). The fee must be submitted 
with the application before the application will be considered by the 
Commission.
    Sec. 3-1-4. Transport Licensing. The fee for an annual transport 
license shall be set by Tribal Council resolution at not less than Two 
Hundred Dollars ($200.00) and no more than One Thousand, Five Hundred 
Dollars ($1,500.00).
    Sec. 3-1-5. Operating of a plant distilling intoxicating liquor. 
The fee for an annual distilling plant license shall be set by Tribal 
Council resolution not less than One Thousand Dollars ($1,000.00) and 
no more than Five Thousand Dollars ($5,000.00).
    Sec. 3-1-6. Solicitors. The fee for an annual solicitors license 
shall be set by Tribal Council resolution at not less than Two Hundred 
Dollars ($200.00) and no more than Seven Hundred Fifty Dollars 
($750.00).
    Sec. 3-1-7. Alcoholic Beverage Control Commission. There is hereby 
created a Cheyenne River Sioux Alcoholic Beverage Control Commission.
    (A) The Alcoholic Beverage Control Commission shall consist of six 
(6) members of the Tribal Council, including one member from each 
tribal voting district, to be selected by the Tribal Chairman, and one 
(1) physician or other expert professionally trained in the area of 
alcohol abuse prevention and treatment, to be selected by the Tribal 
Chairman.
    (B) The Commissioners shall, by majority vote, elect one 
Commissioner to serve as Chairman of the Commission. The Chairman shall 
preside at Commission meetings and hearings but shall not exercise his 
power to vote, except in the case of a tie. The Commissioners shall, by 
majority vote, elect one Commissioner to serve as Vice-Chairman of the 
Commission. The Vice-Chairman shall preside at Commission meetings and 
hearings in the absence of the Chairman and, when so presiding, shall 
not exercise his power to vote, except in the case of a tie.
    (C) A quorum of the Commission shall consist of three members, and 
a quorum is required to exercise Commission authority.
    (D) No Commission member shall participate in any Commission 
decision in which he has a direct interest or in which any member of 
his immediate family has a direct interest.
    Sec. 3-1-8. Powers of the Alcoholic Beverage Control Commission. 
Commissioners shall be appointed for terms of two years, and shall be 
removed by the Tribal Council only for cause, after notice and an 
opportunity for a hearing before the Tribal Council. When a vacancy 
occurs on the Commission, the Tribal Council shall appoint a new 
Commissioner for the balance of the term.
    (A) The Alcoholic Beverage Control Commission shall exercise 
regulatory and administrative authority of the Tribe under this 
Ordinance and shall have the power to:
    (1) Review license applications and grant licenses;
    (2) Conduct hearings on alleged violations of this Ordinance in the 
manner set forth in Section 6. The Commission may issue subpoenas and 
compel any licensee, or his agent or servant, to appear before it and 
to provide any information or documents it requires;
    (3) Establish rules and regulations governing the conduct of the 
Commission and the exercise of Commission authority and establish rules 
and regulations to implement this Ordinance, in the manner set forth in 
Section 3-1-12 of this Ordinance;
    (4) Collect taxes, impose penalties, suspend and/or revoke licenses 
when violations of this Ordinance are proved by a preponderance of the 
evidence;
    (5) Enjoin violations of this Ordinance and enforce the orders of 
the Commission;
    (6) Distribute funds collected from any taxes, fees and fines 
imposed under this Ordinance. The Commission shall distribute such 
funds to further the purposes of alcohol abuse education, enforcement, 
prevention, regulation and treatment; and
    (7) Require payment of reasonable, non-discriminatory fees to cover 
administrative costs associated with licensing a liquor establishment 
in addition to the fees set forth in this Ordinance, provided such 
additional fees are established by rule or regulation in the manner set 
forth in Section 3-1-12 of this Ordinance.
    (8) Exercise any other power of the Alcoholic Beverage Control 
Commission set forth elsewhere in this Ordinance.
    (B) (1) Taxes may be collected by the Commission through assessment 
and distraint or other necessary means;

[[Page 30331]]

    (2) Penalties may be collected through the attachment, levy and 
sale of property or other necessary means; and
    (3) Orders suspending or revoking licenses or enjoining the 
operations of liquor dealers may be enforced by the Tribal Police 
acting at the direction of the Commission.
    Sec. 3-1-9. Qualifications for License. No license of any kind 
shall be issued under this Ordinance, including a wholesale license, 
retail license, temporary retail license, transport license, distilling 
plant license, and solicitors license, unless the applicant shall be 
twenty-one (21) years of age, has filed a sworn application, 
accompanied by the required fee, showing the following qualifications 
and subject to the following standard:
    (A) An applicant, other than a corporation, must be a legal 
resident of the United States and a person of good moral character. If 
the applicant is a corporation, partnership, joint venture, 
association, municipal corporation, estate, trust, business receiver or 
firm, the manager of the licensed premises must be a resident of the 
United States and a person of good moral character. Officers and 
directors of corporations, and partners, and directors of corporations, 
and partners, joint venturers, principals of associations and municipal 
corporations, trustees, business receivers and members of firms must be 
legal residents of the United States and persons of good moral 
character. Applicants must also have a business license with the 
Cheyenne River Sioux Tribe to be entitled to do business on the 
Cheyenne River Indian Reservation.
    (B) The Alcoholic Beverage Control Commission may require the 
applicant to set forth such other information as is necessary to enable 
it to determine if a license should be granted.
    (C) The Alcoholic Beverage Control Commission shall issue a license 
only if the qualifications set forth herein are satisfied and if it 
concludes, within its discretion, that the best interests of the 
Reservation community shall be served. In considering applications by 
retail dealers, the Alcoholic Beverage Control Commission may take into 
account the following factors, among others, in determining whether the 
issuance of a license will serve the best interests of the Reservation 
community:
    (1) whether the license applied for is for the operation of a new 
or an existing retail liquor establishment.
    (2) whether the applicant is in compliance with applicable tribal, 
State and Federal law;
    (3) whether the applicant has violated any provision of this 
Ordinance, and if so, whether the violation has been remedied;
    (4) the location, number and density of retail liquor 
establishments in the community;
    (5) whether food is sold at the establishment; and
    (6) the health and welfare of the public.
    Sec. 3-1-10. Public Comments. Before the issuance of any tribal 
liquor license, the Cheyenne River Sioux Tribe shall allow comments 
from the public. The Alcoholic Beverage Control Commission shall be the 
determining authority for the granting of any tribal liquor license.
    Sec. 3-1-11. Appeal. Any applicant who is denied a license by the 
Alcoholic Beverage Control Commission may appeal the Commission's 
decision to deny the license to the Superior Court by filing a notice 
of appeal with the Court, clearly stating the grounds therefore, and 
serving a copy of the notice of appeal by hand on the Director of the 
Revenue Department within thirty (30) days from the date of the 
decision. The Superior Court shall uphold the decision of the Alcoholic 
Beverage Control Commission unless it finds that the Commission's 
decision was arbitrary and capricious, an abuse of discretion, or not 
in accordance with this Ordinance or other applicable tribal or Federal 
law.
    Sec. 3-1-12. Regulatory Authority of the Alcoholic Beverage Control 
Commission.
    (A) Proposal of Regulations. The Commission may, on its own 
initiative, propose rules and regulations that are consistent with this 
Ordinance and that implement the provisions of this Ordinance, except 
in the case of rules and regulations that implement Section 4-1-10 of 
this Ordinance, which rules and regulations may be proposed only in the 
manner set forth in Section 4-1-10.
    (B) Notice and Publication of Proposed Regulations.
    (1) The Commission shall publish notice of Proposed Regulations in 
order to provide interested parties an opportunity to comment.
    (2) Notice of the Proposed Regulations shall be made by publication 
in one or more newspapers of general circulation on the Reservation, 
provided that such newspaper or newspapers have a general circulation 
in Dewey County and Ziebach County.
    (3) The notice shall invite written comments on the Proposed 
Regulations and give a deadline for their submission not less than 
sixty (60) days after publication of the notice.
    (4) A copy of the Proposed Regulations shall be filed with and made 
available for public inspection at the Office of the Tribal Secretary.
    (C) Public Comment and Hearings.
    (1) The Commission shall consider all written comments on the 
Proposed Regulations that are submitted within sixty (60) days after 
publication of the notice referred to in subpart (B) of this section.
    (2) The Commission may, in its sole discretion, hold one or more 
public hearings on the Proposed Regulations. The Commission shall have 
the authority to conduct and preside over such hearings and, if 
necessary in its discretion, establish procedures for the conduct of 
such hearings.
    (D) Action on Proposed Regulations. After expiration of the public 
comment period and after one or more public hearings, if any are held 
in the sole discretion of the Commission pursuant to subpart (C)(2) of 
this section, the Commission may:
    (1) Amend the Proposed Regulations by adding, changing, or deleting 
text therefrom in accordance with the procedures set forth in subpart 
(E) of this section, except in the case of Proposed Regulations to 
implement Section 4-1-10, which may not be amended by the Commission; 
or
    (2) Adopt the Proposed Regulations, without amendment, as Final 
Regulations and publish them in accordance with subpart (F) of this 
section; or
    (3) Reject the Proposed Regulations.
    (E) Interim Regulations.
    (1) Proposed Regulations that are amended pursuant to subpart 
(D)(1) of this section shall be known as ``Interim Regulations.''
    (2) The Commission shall publish notice of Interim Regulations in 
the same manner for the publication of notices of Proposed Regulations, 
as set forth in subpart (B) of this section, provided that the notice 
of Interim Regulations may set forth a shortened written comment period 
of not less than thirty (30) days after publication of the notice.
    (3) A copy of the Interim Regulations shall be filed with and made 
available for public inspection at the Office of the Tribal Secretary.
    (4) The Commission shall consider all written comments on the 
Interim Regulations that are submitted within thirty (30) days after 
publication of the notice referred to in subpart (E)(2) of this 
section.
    (5) The Commission may, in its sole discretion, hold one or more 
public hearings on the Interim Regulations. The Commission shall have 
the authority to conduct and preside over such hearings and, if 
necessary in its

[[Page 30332]]

discretion, establish procedures for the conduct of such hearings.
    (6) After expiration of the public comment period and after one or 
more public hearings, if any are held in the sole discretion of the 
Commission pursuant to the preceding subpart, the Commission may:
    (a) Further amend the Interim Regulations by adding, changing, or 
deleting text therefrom and, in respect to the further amended Interim 
Regulations, follow the same procedures set forth in this subpart for 
notice, publication, public comment, public hearings, if any, 
consideration, and adoption of Interim Regulations;
    (b) Adopt the Interim Regulations, without amendment, as Final 
Regulations and publish them in accordance with subpart (F) of this 
section; or
    (c) Reject the Interim Regulations.
    (F) Publication of Final Regulations.
    (1) Following adoption of Final Regulations by the Commission, the 
Commission shall publish the Final Regulations in one or more 
newspapers of general circulation in Dewey and Ziebach Counties on the 
Reservation.
    (2) The Final Regulations shall become effective thirty (30) days 
after publication or on such later date as may be specified in the 
Final Regulations.
    (3) A copy of the Final Regulations shall be filed with and made 
available for public inspection at the Office of the Tribal Secretary.

Section 4. Prohibitions

    Sec. 4-1-1. General Prohibitions. It shall be unlawful to 
introduce, manufacture for sale, sell or offer to keep for sale or 
transport for sale alcoholic beverages, on the Cheyenne River Indian 
Reservation except upon the terms, conditions, limitations, and 
restrictions specified in this Ordinance. No sale of liquor shall be 
made within the Reservation except by persons holding a liquor license 
issued by the Commission and except at licensed premises. In addition 
to any other civil penalty provided for in this Ordinance, each 
violation of this section may subject the violator to a civil fine not 
to exceed Five Thousand Dollars ($5,000).
    Sec. 4-1-2. Disposal Prohibited on Certain Days. No licensee of any 
class shall sell intoxicating liquor on Sunday, Memorial Day and 
Christmas Day. No licensee of any class shall sell intoxicating liquor 
on Tribal election day while the polls are open. In addition to any 
other civil penalty provided for in this Ordinance, any licensee who 
violates this section may be subject to a civil fine not to exceed Five 
Hundred Dollars ($500) for each violation. The Alcoholic Beverage 
Control Commission may, in its discretion, waive the prohibition on 
Sunday sales and it may waive the prohibition on the sale of 
intoxicating liquor for any other specified day set forth herein. The 
Commission shall provide reasonable notice to the public and retailers 
of any such waiver.
    Sec. 4-1-3. Disposal Prohibited During Certain Hours. No licensee 
shall sell, provide, or allow the consumption of, alcoholic beverages 
to any person on the licensed premises before eleven o'clock a.m. or 
after one o'clock a.m., Mondays through Thursdays; and no licensee 
shall sell, provide, or allow the consumption of, alcoholic beverages 
to any person on the licensed premises before eleven o'clock a.m. or 
after two o'clock a.m., Fridays through Saturdays. No off-sale dealer 
shall sell or provide alcoholic beverages to any person before eleven 
o'clock a.m. or after eleven o'clock p.m., Mondays through Thursdays, 
and no off-sale dealer shall sell or provide alcoholic beverages to any 
person before eleven o'clock a.m. or after twelve o'clock a.m. 
(midnight), Fridays through Saturdays. In addition to any other civil 
penalty provided for in this Ordinance, any licensee who violates this 
section may be subject to a civil fine not to exceed Five Hundred 
Dollars ($500) for each violation. The Alcoholic Beverage Control 
Commission may, in its discretion, adjust the hours during which the 
sale of alcoholic beverages is prohibited. The Commission shall provide 
reasonable notice to the public and retailers of any such adjustment.
    Sec. 4-1-4. Prohibition as to Persons Under Twenty-One Years of 
Age. No licensee of any class shall provide directly or by a clerk, 
agent or servant, intoxicating beverages to any person under the age of 
twenty-one (21) years. In addition to any civil penalty provided for in 
this Ordinance, any licensee who violates this section may be subject 
to a civil fine not to exceed Five Hundred Dollars ($500) for each 
violation.
    (A) In addition, any person who is injured as a result of a 
violation of this section shall have a right of action against the 
person who contributed to his injury by providing alcoholic beverages 
to a minor person. The Superior Court shall have jurisdiction to hear 
such actions.
    (B) An action under Subsection (A) of this section shall be 
commenced within 2 years after the damage, injury or death.
    (C) Evidence of Age and Identity. Evidence of age and identity of a 
purchaser of liquor must be shown by a current and valid driver's 
license, tribal identification, or a United States passport, which 
contains the signature, birth date, and picture of the holder of the 
license or passport, or any other form of identification acceptable to 
the Commission
    (D) Demand for Identification. Liquor establishments shall have the 
authority to demand of any person the production of proper evidence of 
age and identity before making a sale of liquor to such person.
    (E) Right and Duty to Refuse Sale. A liquor establishment shall 
have the authority and duty to refuse to sell liquor to any person who 
is unable to produce proper evidence of age and identity as prescribed 
by this section.
    (F) Persons under twenty-one (21) years of age are prohibited from 
the premises of on-sale licensees, except as set forth in subsection G 
of this section.
    (G) Notwithstanding Sections 4-1-4(F) and 9-1-5, persons under 
twenty-one (21) years of age may be present on the premises of on-sale 
licensees:
    (1) Whose sale of alcoholic beverages constitutes less than fifty 
percent (50%) of the gross business transaction by the licensee at the 
premises, as determined and certified by the Commission; or
    (2) Whose sale of alcoholic beverages constitutes more than fifty 
percent (50%) of the gross business transacted by licensee at the 
premises, but who have erected a physical barrier or barriers, 
inspected and approved by the Commission, to allow for multiple uses of 
multiple areas of the premises by persons of all ages, provided that 
persons under the age of twenty-one (21) are not permitted access to 
any area in which the sale of alcoholic beverages constitutes more than 
fifty percent (50%) of the gross revenues transaction by the licensee 
in the area, as determined and certified by the Commission. For the 
purposes of this subsection, a physical barrier includes, but is not 
limited to, a wall, fence, rope, railing, or other physical feature 
erected for the sole purpose of restricting the free flow of foot 
traffic and access to a certain area of the premises.
    Sec. 4-1-5. Prohibition as to Provision to Intoxicated Persons.
    (A) No licensee of any class shall provide directly or by a clerk, 
agent or servant, alcoholic beverages to a visibly intoxicated person. 
In addition to any other civil penalty provided for in this Ordinance, 
any licensee who violates this section may be subject to a civil fine 
not to exceed Five Hundred Dollars ($500) for each violation.
    (B) In addition, any person who is injured as a result of a 
violation of this section shall have a right of action

[[Page 30333]]

against the person who contributed to his injury by providing alcoholic 
beverages to a visibly intoxicated person. The Superior Court shall 
have jurisdiction to hear such actions.
    (C) An action under Subsection (B) of this section shall be 
commenced within 2 years after the damage, injury or death.
    Sec. 4-1-6. Prohibition as to Purchase or Use by Pregnant Persons. 
No licensee of any class shall knowingly provide directly or by a 
clerk, agent or servant alcoholic beverages to any person who is 
pregnant. In addition to any other civil penalty provided for in this 
Ordinance, any licensee who violates this section may be subject to a 
civil fine not to exceed Five Hundred Dollars ($500) for each 
violation.
    Sec. 4-1-7. Prohibition as to Purchase or Use by Pregnant Persons. 
No person shall purchase, obtain or use alcoholic beverages while 
pregnant. Any person who violates this section may be subject to a 
civil fine not to exceed Five Hundred Dollars ($500). When there is 
serious danger of prenatal alcohol damage to the unborn child, the 
violator may be civilly committed to an alcohol abuse treatment 
facility for a period of time not to exceed the duration of the 
pregnancy by order of the Superior Court. The Superior Court shall, in 
determining such cases, follow the procedural rules provided by tribal 
law for involuntary civil commitments.
    Sec. 4-1-8. Prohibition Against Cashing Subsistence Checks. No 
licensee of any class shall, directly or by a clerk, agent or servant, 
knowingly cash or accept any General Assistance check issued by the 
Federal Government, any Aid to Families with Dependent Children check 
issued by the State government or any other Government subsistence 
check. In addition to any other civil penalty provided for in this 
Ordinance, any licensee who violates this section may be subject to a 
civil fine not to exceed Five Hundred Dollars ($500) for each 
violation.
    Sec. 4-1-9. Prohibition Against Drive-up Windows. No licensee shall 
sell or provide alcoholic beverages from a drive through window or 
entrance. In addition to any other civil penalty provided for in this 
Ordinance, any licensee who violates this section may be subject to a 
civil fine not to exceed Five Hundred Dollars ($500) for each 
violation.
    Sec. 4-1-10. Prohibition Against Specific Alcoholic Beverages.
    (A) This Ordinance authorizes the prohibition against the 
introduction, manufacture for sale, sale or offer to keep for sale, or 
transport for sale of specific types of alcoholic beverages, which are 
deemed to have a harmful impact on the health and welfare of the Tribe 
and its members, provided that such prohibitions are adopted in the 
following manner:
    (1) Tribal Council may by Tribal Council Resolution make a 
recommendation to the Commission that it consider a rule or regulation 
prohibiting the introduction, manufacture for sale, sale or offer to 
keep for sale, or transport for sale of a particular alcoholic 
beverage.
    (2) The Commission shall consider whether to adopt such 
recommendation by following the procedures set forth in Section 3-1-12.
    (B) The Commission will maintain a list of alcoholic beverages 
prohibited by regulation that will be distributed annually, free of 
charge, to all licensees. The list will be updated and distributed, 
free of charge, to all licensees within twenty (20) days of adoption of 
a regulation containing any new prohibition.
    (C) In addition to any other civil penalty provided for in this 
Ordinance, any licensee who violates a prohibition duly adopted and 
published by the Commission under this section and Section 3-1-12 may 
be subject to a civil fine not to exceed Five Hundred Dollars ($500) 
for each violation.

Section 5. Taxation

    Sec. 5-1-1. Wholesale Alcoholic Beverage Excise Tax. There is 
hereby imposed a wholesale alcoholic beverage excise tax of 7.5% on the 
whole price of all alcoholic beverages introduced into the Cheyenne 
River Indian Reservation for sale or provision to a retail alcoholic 
beverage dealer.
    Sec. 5-1-2. Delivery of Beverages for Resale Prohibited Except to 
Licensees. No manufacturer, wholesaler, or transporter shall sell or 
deliver any package containing alcoholic beverages manufactured or 
distributed by him for resale, unless the person to whom such package 
is sold or delivered is a licensed alcoholic beverage dealer. In 
addition to any other civil penalty provided for in this Ordinance, any 
person who violates this section may be subject to a civil fine not to 
exceed Two Hundred and Fifty ($250) for each violation.
    Sec. 5-1-3. Retail Alcoholic Beverages dealers to Purchase only 
from Licensed Wholesalers, Etc. Retail alcoholic beverage dealers shall 
buy or receive alcoholic beverages only from wholesalers, solicitors or 
transporters licensed under this Ordinance. In addition to any other 
civil penalty provided for in this Ordinance, any person who violates 
this section may be subject to a civil fine not to exceed Five Hundred 
Dollars ($500) for each violation.
    Sec. 5-1-4. Monthly Return and Payment of Wholesale Alcoholic 
Beverage Excise Tax. Wholesalers and other alcoholic beverage dealers 
who introduce, or otherwise cause to be introduced, alcoholic beverages 
into the Cheyenne River Indian Reservation for provision to retail 
alcoholic beverage dealers shall be liable for payment of the wholesale 
alcoholic beverage excise tax and shall file monthly returns with the 
Revenue Department, on such forms as the Revenue Department may 
require, showing the kind, quantity and price of the alcoholic 
beverages introduced, or otherwise caused to be introduced, into the 
Cheyenne River Indian Reservation, along with the names of the persons 
to whom the alcoholic beverages were provided, the amount of the tax 
due and other information which the Revenue Department may reasonably 
require. Said return, covering the period of one calendar month, shall 
be transmitted to the Revenue Department on or before the twenty-fifth 
day of the month following the close of the reporting period. The tax 
due for that period shall be remitted together with the monthly return.
    Sec. 5-1-5. Records and Reports Required of Licensees--Entry and 
Examination of Default. Any person liable for the payment of the 
wholesale alcoholic beverage excise tax shall keep, in current and 
available form on the licensed premises, records of all purchases, 
sales, quantities on hand and such other information as the Director of 
the Revenue Department may reasonably require. The Director may require 
from any licensee any reports he or she shall prescribe, and he or she 
may require the production of any book, record, document, invoice, and 
voucher kept, maintained, received, or issued by any such licensee in 
connection with his business, which in the judgment of the Director may 
be necessary to administer and discharge his duties, to secure the 
maximum of revenue to be paid, and to carry out the provisions of the 
law. If default is made, or if any such licensee fails or refuses to 
furnish any other reports or information referred to upon request 
therefore, the Director may enter the premises of such licensee where 
the records are kept and make such examination as is necessary to 
compile the required report. The cost of such examination shall be paid 
by the licensee whose reports are in default.
    Sec. 5-1-6. Reports Required on Shipments of Beverages into 
Reservation. Any person outside the Reservation who sells or ships 
alcoholic

[[Page 30334]]

beverages to a manufacturer, wholesaler, solicitor, transporter or 
retailer within this Reservation shall forthwith forward to the 
Director such a report as the Director shall require, giving the name 
and address of the licensee or person making the purchase, the quantity 
and kind of alcoholic beverages sold, the manner of delivery and such 
other information as the Director requires.
    Sec. 5-1-7. Tax Stamps. The wholesale alcoholic beverage excise tax 
shall be required to be evidenced by an identification stamp to be 
affixed to original packages of alcoholic beverages introduced into the 
Cheyenne River Indian Reservation. The Revenue Department shall adopt 
the design of the identification stamp, procure manufacture of the 
stamp, and shall issue rules regarding the issuance and use of the 
stamp.
    Sec. 5-1-8. Counterfeiting of Stamps. Every person who shall make, 
manufacture, counterfeit, duplicate or in any way imitate, any 
identification stamp, provided for in Section 5-1-4 above, or who shall 
possess or in any way use such counterfeit or imitated stamp, may be 
assessed a fine not to exceed Five Thousand Dollars ($5,000) for each 
violation.
    Sec. 5-1-9. Penalty and Interest on Delinquency in Payment of Tax--
False Return--Collection of Tax and Penalties. If any person liable for 
the wholesale alcoholic beverage excise tax fails to pay the tax on the 
date payment is due, there shall be added to the tax ten percent of the 
amount of the tax unpaid. The amount of the tax and penalty shall bear 
interest at 1.5% per month from the date of delinquency until paid. If 
any licensee files a false or fraudulent return, there shall be added 
to the tax an amount equal to the tax evaded, or attempted to be 
evaded. All such taxes and civil penalties may be collected by 
assessment and distraint.
    Sec. 5-1-10. Possession of Unstamped Beverages Prohibited. No 
person may possess any alcoholic beverage other than in a package upon 
which the required tax stamps are affixed. In addition to forfeiture 
and any civil penalty provided for elsewhere in this Ordinance, each 
violation of this section shall subject the violator to a civil fine 
not to exceed Five Hundred Dollars ($500).
    Sec. 5-1-11. Luxury Tax on Retail Purchase of Alcoholic Beverages. 
There is hereby imposed a luxury tax of 12% on the retail sale price of 
alcoholic beverages purchased on sale from on-sale liquor dealers 
within the Cheyenne River Indian Reservation. There is hereby imposed a 
luxury tax of 15% on the retail sale price of alcoholic beverages 
purchased off sale from off sale package dealers within the Cheyenne 
River Indian Reservation. This tax shall be levied and collected in 
addition to any tribal sales tax.
    Sec. 5-1-12. Monthly Return, Collection and Remittance of Luxury 
Tax on Retail Purchase of Alcoholic Beverages. Retail alcoholic 
beverage dealers shall be liable for the collection and remittance of 
the luxury tax on the retail sale price of alcoholic beverages. Retail 
alcoholic beverage dealers shall keep accurate records of all sales of 
alcoholic beverages and shall file monthly returns with the Revenue 
Department, on such forms as the Revenue Department may require, 
showing the quantity and the price of alcoholic beverages sold at 
retail, along with the amount of the tax due and other information 
which the Revenue Department may reasonably require. Said return, 
covering the period of one calendar month, shall be transmitted to the 
Revenue Department on or before the twenty-fifth day of the month 
following the close of the reporting period. The tax due for that 
period shall be remitted together with the monthly return.
    Sec. 5-1-13. Reports Required of Retail Alcoholic Beverage Dealers. 
Retail Alcoholic beverage dealers shall keep, in current and available 
form on the licensed premises, records of all purchases, sales, 
quantities on hand and such other information as the Director of the 
Revenue Department may reasonably require. The Director may require 
from any licensee any reports he shall prescribe, and he may require 
the production of any book, record, document, invoice, and voucher 
kept, maintained, received, or issued by any such licensee in 
connection with his business, which in the judgment of the Director may 
be necessary to administer and discharge his duties, to secure the 
maximum of revenue to be paid, and to carry out the provisions of law. 
If default is made, or if any such licensee fails or refuses to furnish 
any other reports or information referred to upon request therefore, 
the Director may enter the premises of such licensee where the records 
are kept and make such examination as is necessary to compile the 
required report. The cost of such examination shall be paid by the 
licensee whose reports are in default.
    Sec. 5-1-14. Penalty and Interest on Delinquency in Collection and 
Remittance of Tax--False Return--Collection of Tax and Penalties. If 
any person responsible for the collection and remittance of the luxury 
tax on retail alcoholic beverage sales fails to remit the tax on the 
date that payment is due, there shall be added to the amount of the tax 
due ten percent of the amount of the tax unpaid. The amount of the tax 
and penalty shall bear interest at the rate of 1.5% per month from the 
date of delinquency until paid. If any licensee files a false or 
fraudulent return, there shall be added to the tax an amount equal to 
the tax evaded, or attempted to be evaded. All such taxes and civil 
penalties may be collected by assessment and distraint.
    Sec. 5-1-15. Tax Agreements Authorized. The Tribal Council finds 
that the public interest of residents of the Reservation is best served 
by cooperation between the Tribe, the State of South Dakota and/or its 
subdivisions in the area of taxation of alcoholic beverages. 
Accordingly, the Tribal Council hereby authorizes the Revenue 
Department to negotiate tax collection agreements with the State and/or 
state subdivisions. Such agreements shall be submitted by the Revenue 
Department to the Tribal Council for approval before they are final.
    Sec. 5-1-16. Dedication of Tax Revenue. All tax revenue collected 
pursuant to this Ordinance shall be dedicated to alcohol abuse 
education, enforcement, prevention, regulation and treatment.

Section 6. Penalties Imposed for Violations of Ordinance

    Sec. 6-1-1. General Penalties. Anyone violating this Ordinance 
shall be subject to suspension or revocation of their tribal liquor 
license, including but not limited to their wholesale license, retail 
license, temporary retail license, transport license, distilling plant 
license, and solicitors license.
    Sec. 6-1-2. Hearing on Alleged Violations. Anyone having 
information that a person has violated any provisions of this Ordinance 
may file with the Revenue Department an affidavit specifically setting 
forth such violation. Upon receipt of such affidavit, the Revenue 
Department may set the matter for a hearing before the Alcoholic 
Beverage Control Commission within 60 days. A copy of the affidavit and 
notice of hearing shall be mailed to the affected person by registered 
mail not less than five days before the hearing. A record of such 
hearings will be made by stenographic notes or by the use of an 
electronic recording device. The person shall have the right to be 
represented by counsel, question witnesses and examine the evidence 
against him or her as well as to present evidence and witnesses in his 
or her own defense.
    Sec. 6-1-3. Suspension or Revocation of License. If after such 
hearing the Alcoholic Beverage Control Commission

[[Page 30335]]

finds the violation set forth in the affidavit has been proved by 
preponderance of the evidence, an order shall be served on the licensee 
revoking or suspending the license for a period of time or imposing 
such other civil penalties as are provided for in this Ordinance. A 
decision of the Commission imposing civil fines or directing the 
payment of taxes may be automatically stayed by posting an appeal bond 
with the Superior Court in the amount of the fine imposed or taxes to 
be collected. A decision of the Commission revoking or suspending a 
license may be automatically stayed by posting a Ten Thousand Dollar 
($10,000) appeal bond with the Superior Court.
    Sec. 6-1-4. Powers of the Alcoholic Beverage Control Commission 
Chairman. The Chairman of the Alcoholic Beverage Control Commission, or 
his designee, at a hearing under this Ordinance shall have the power to 
administer oaths and to subpoena and examine witnesses.
    Sec. 6-1-5. Appeal. Any person who is aggrieved by a decision of 
the Alcoholic Beverage Control Commission suspending or revoking a 
license, imposing a civil penalty or collecting taxes imposed by this 
Ordinance may appeal the Commission's decision to the Superior Court by 
filing a notice of appeal, clearly stating the grounds therefore, and 
serving a copy of the notice of appeal by hand on the Director of the 
Revenue Department within thirty days from the date of the decision. 
The Superior Court shall uphold the decision of the Alcoholic Beverage 
Control Commission unless it finds that the Commission's decision was 
arbitrary and capricious, and an abuse of discretion, or not in 
accordance with this Ordinance or other applicable tribal or Federal 
law. In the event that a decision imposing a civil penalty or ordering 
the collection of taxes is overturned on appeal, the Court may order 
the Commission to refund such penalty or taxes.

Section 7. Contraband

    Sec. 7-1-1. Contraband Alcoholic Beverages--Containers--Forfeiture. 
The introduction of alcoholic beverages into, and possession, sale or 
use of alcoholic beverages within, the territory of the Cheyenne River 
Sioux Tribe contrary to tribal law is inimical to the public interest. 
All alcoholic beverages introduced into, or possessed, offered for sale 
or used within, the territory of the Cheyenne River Sioux Tribe 
contrary to tribal law, and any receptacle or container of any kind in 
which said alcoholic beverages are found, are hereby declared to be 
contraband. No property right shall exist in contraband alcoholic 
beverages or any receptacle or container wherein such alcoholic 
beverages are found. Contraband alcoholic beverages and any receptacle 
or container in which such alcoholic beverages are found are hereby 
declared forfeit and shall be seized forthwith. In addition to any 
other civil penalty in this Ordinance, any person who violates this 
section may be subject to a fine not to exceed Five Thousand Dollars 
($5,000).
    Sec. 7-1-2. Seizure of Contraband Alcoholic Beverages--Containers--
Search Warrant. When an officer of the Tribe has probable cause to 
believe that a person has contraband alcoholic beverages within the 
territory of the Tribe and a search warrant is required under tribal 
law or under the Federal Indian Civil Rights Act, 25 U.S.C. 1301 et 
seq., he may apply to the Superior Court of the Tribe for a warrant to 
authorize the search of said person and any places, containers, 
conveyances, and receptacles, etc., which the officer has probable 
cause to believe contains said contraband alcoholic beverages. If the 
Superior Court determines that probable cause exists that a person has 
contraband alcoholic beverages within the territory of the Tribe, then 
the Court shall issue a search warrant describing the person, places 
and things to be searched and the things to be seized. The officer 
shall execute the search warrant and seize any and all contraband 
alcoholic beverages found and any receptacles and any containers in 
which said contraband alcoholic beverages are found. The officer shall 
store the contraband in the Evidence Room of the Law Enforcement 
Department or such other location as determined by the Commission to be 
an adequate storage facility for contraband. The contraband shall be 
stored for a period of not less than ninety (90) days prior to 
disposition, provided that if any person claiming an interest therein 
files a claim with the Superior Court, pursuant to Section 7-1-3, for a 
determination as to whether the items seized are contraband, the 
contraband shall be stored until the time for filing an appeal from a 
Superior Court determination has elapsed, if no appeal is taken and if 
an appeal is taken from any determination by the Superior Court, the 
contraband shall be held until the appeal is fully and finally decided.
    Sec. 7-1-3. Judicial Determination as to Nature of Alcoholic 
Beverages Seized.
    (A) Within ten calendar days after the seizure of any alcoholic 
beverages, or any receptacle or container in which said alcoholic 
beverages are found, on the grounds that they are contraband, any 
person claiming an interest therein may initiate an action for a 
determination as to whether the items seized are contraband by filing a 
claim with the Superior Court and serving notice of the claim on the 
Director of the Revenue Department. The Superior Court shall then 
schedule a hearing on the matter within fifteen calendar days after the 
filing of the claim.
    (B) The Superior Court shall, upon good cause shown, permit 
discovery to be taken on an expedited basis. The Superior Court shall 
regulate the manner and timing of such discovery; provided that when 
the Superior Court orders expedited discovery, the time for a hearing 
may be postponed for a period of sixty (60) days. All discovery shall 
be completed prior to the hearing date.
    (C) The Tribe shall have the burden to establish a prima facie case 
that items seized are contraband, and after such proof is made, the 
burden shall shift to the claimant to prove by a preponderance of the 
evidence that the items seized are not contraband.
    (D) If the Superior Court determines that the items seized by the 
Tribe are not contraband, the Court shall order the return of the items 
to the claimant after the time for filing an appeal has elapsed. If the 
Superior Court determines that the items seized are contraband, the 
Court shall declare the items to be contraband and the Tribe may 
dispose of the contraband as it deems fit after the time for filing an 
appeal has elapsed, if no appeal is taken. If an appeal is taken from 
any determination by the Superior Court, the contraband shall be held 
until the appeal is fully and finally decided.
    (E) The Tribe may appeal an adverse decision of the Superior Court 
under this section to the Appellate Court by filing a notice of appeal 
within ten calendar days of the date of the decision of the Superior 
Court. Filing of the notice of appeal by the Tribe shall automatically 
stay the decision of the Superior Court. The Appellate Court shall 
uphold the decision of the Superior Court unless it is clearly 
erroneous.
    (F) The claimant may appeal an adverse decision of the Superior 
Court under this section to the Appellate Court by filing a notice of 
appeal within ten calendar days of the date of the decision of the 
Superior Court and posting an appeal bond in an amount set by the 
Superior Court. The Superior Court shall set the appeal bond in an 
amount sufficient to pay for the storage of the items in dispute during 
the pendency of the appeal and any court costs which may be incurred by 
the

[[Page 30336]]

Tribe on the appeal. Filing of the notice of appeal by the claimant and 
payment of the appeal bond shall automatically stay the decision of the 
Superior Court. The Appellate Court shall uphold the decision of the 
Superior Court unless it is clearly erroneous.

Section 8. Exceptions

    Sec. 8-1-1. Exceptions to this Ordinance. The provisions of this 
Ordinance shall not apply to the sale of alcoholic beverages, or to 
ethanol, used or intended for use, for the following purposes:
    (A) For scientific research or manufacturing products other than 
liquor;
    (B) Medical use under the direction of a physician, medical or 
dental clinic, or hospital;
    (C) In preparations not fit for human consumption such as cleaning 
compounds and toilet products, or flavoring extracts;
    (D) By persons exempt from regulation in accordance with the laws 
of the United States; or
    (E) For sacramental use such as wines delivered to priests, rabbis, 
and ministers.

Section 9. Miscellaneous Provisions

    Sec. 9-1-1. Agreement by Licensee to Grant Access for Inspection 
Purposes. Every licensee under this Ordinance, as a condition of the 
grant of a tribal license, consents to the inspection of his premises, 
including all buildings, safes, cabinets, lockers and storerooms 
thereon. Such inspection shall be available upon the demand of the 
Commission. These inspections shall be conducted by a duly appointed 
designee of the Commission, or tribal or Federal police. All books and 
records dealing with the sale and ownership of alcoholic beverages 
shall be open for inspection purposes by the Commission.
    Sec. 9-1-2. Transferability. No license issued pursuant to this 
Ordinance shall be transferable; provided, however, upon death of an 
individual licensee, the personal representative of the estate may 
operate under a valid license for sixty (60) days after the licensee's 
death, so long as said personal representative shall apply to the Tribe 
for a new license within said sixty (60) day period.
    Sec. 9-1-3. Health Warnings.
    (A) The Health Department of the Cheyenne River Sioux Tribe shall 
create signs warning of the dangers faced by those who consume alcohol, 
including warning the dangers to pregnant women, the dangers of drunk 
driving and such other warnings as the Health Department shall deem 
necessary. The language in such signs shall be referred to the Indian 
Health Service for comments and shall be approved by a licensed 
physician prior to issuance. The Revenue Department shall issue copies 
of such signs to retail dealers. Each retail dealer shall display said 
signs in a conspicuous manner in close proximity to the area where 
alcohol is dispensed or sold.
    (B) The Health Department of the Cheyenne River Sioux Tribe shall 
create pamphlets warning pregnant persons of the dangers of alcohol use 
during pregnancy. The language in such pamphlets shall be referred to 
the Indian Health Service for comments and shall be approved by a 
licensed physician prior to issuance. The Revenue Department shall 
issue copies of such pamphlets to all retail dealers. Each retail 
dealer shall offer one of these pamphlets to each pregnant person who 
is refused service pursuant to Sec. 4-1-5.
    Sec. 9-1-4. Server Training. Every person who serves alcoholic 
beverages on the premises of an on-sale license shall attend 8 hours of 
training in a server training program approved by the Alcoholic 
Beverage Control Commission on the latter of his or her 60th day of 
employment or within 60 days after the effective date of this 
Ordinance.
    Sec. 9-1-5. Age to Sell Alcoholic Beverages.
    (A) No package (off-sale) licensee who holds a valid liquor license 
may permit any person under the age of twenty-one (21) years to sell 
alcoholic beverages on the licensed premises, except as set forth in 
subsection (B) of this section.
    (B) A package (off-sale) licensee who holds a valid liquor license 
may permit a person between the age of eighteen (18) years and twenty-
one (21) years to sell malt beverages on the licensed premises if:
    (1) Sales of malt beverages constitute less than fifty percent 
(50%) of the gross receipt of the business, as determined and certified 
by the Commission; and
    (2) An employee over the age of twenty-one (21) years is on the 
licensed premises when the malt beverage is sold.
    (C) No on-sale licensee may permit any person under the age of 
twenty-one (21) years to sell, serve, or dispense alcoholic beverages 
on the licensed premises, except as set forth in subsection (D) of this 
section.
    (D) An on-sale licensee may permit persons between the age of 
eighteen (18) years and twenty-one (21) years to sell, serve, or 
dispense alcoholic beverages if:
    (1) Sales of food and non-alcoholic beverages constitute more than 
50% of the gross receipts of the business, as determined and certified 
by the Commission; and
    (2) An employee over the age of twenty-one (21) is on the licensed 
premises when the alcoholic beverage is sold, served or dispensed.
    (E) ``Sell, serve or dispense'' under this section means to take 
orders for alcoholic beverages and to deliver alcoholic beverages to 
customers as a normal adjunct of waiting tables. The term does not 
include bartending or mixing alcoholic drinks. Persons under the age of 
twenty-one (21) years are not permitted to tend bar or mix drinks.
    (F) Violation of this section may result in a fine not to exceed 
Five Hundred Dollars ($500) per violation.
    Sec. 9-1-6. Tribal Sovereign Immunity. No provision of this 
Ordinance shall be construed to permit the recovery of money damages 
against the Tribe. No provision of this Ordinance shall be construed to 
waive the sovereign immunity of the Tribe, except as expressly provided 
in Sections 3-1-11, 6-1-5, 7-1-3.

Section 10. Severability

    Sec. 10-1-1. Severability. If for any reason, or circumstances, any 
provision(s) or section(s) of this Ordinance are held invalid by the 
appropriate court of jurisdiction, the remainder of this Ordinance and 
other provisions or sections shall not be affected in the application 
of this Ordinance or to any person covered by this Ordinance.

Section 11. Effective Date of Ordinance No. 48 as Amended

    Sec. 11-1-1. Continued Operation Under Existing License. Ordinance 
No. 48 is hereby amended and said Ordinance is effective as amended 
thirty (30) days after its publication in the Federal Register. Any 
licensee operating under an existing tribal license may continue to 
operate there under until such license expires provided that the 
licensee complies with all the provisions contained herein, including 
the provisions relating to hours of operation, prohibited acts and 
taxation.

Certification

    I, the undersigned, as Secretary of the Cheyenne River Sioux Tribal 
Council, certify that the Tribal Council is composed of fifteen (15) 
members of whom 10, constituting a quorum, were present at a meeting, 
duly and regularly called, noticed and convened and held this 10th day 
of March, 2023 Regular Session; in Eagle Butte, South Dakota; and that 
the foregoing Ordinance No. 48, the Alcoholic Beverages Control Law

[[Page 30337]]

of the Cheyenne River Sioux Tribe of South Dakota, as Amended, was duly 
adopted at such meeting by a roll call vote of 10 yes, 0 no, 0 
abstaining, 2 absent and 3 vacant.

[FR Doc. 2023-10035 Filed 5-10-23; 8:45 am]
BILLING CODE 4337-15-P