Otoe-Missouria Tribe of Indians Liquor Control Ordinance of 2022; Repeal and Replace, 47895-47900 [2023-15724]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 88, Number 141 (Tuesday, July 25, 2023)]
[Notices]
[Pages 47895-47900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15724]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[234A2100DD/AABB003600/A0T902020.999900]


Otoe-Missouria Tribe of Indians Liquor Control Ordinance of 2022; 
Repeal and Replace

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Otoe-Missouria Tribe of Indians 
Liquor Control Ordinance of 2022. The Ordinance certifies the Otoe-
Missouria Tribe of Indians liquor licensing laws to regulate and 
control the possession, sale and consumption of liquor within the 
jurisdiction of the Otoe-Missouria Tribe of Indians.

DATES: This will take effect on August 24, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government 
Services Officer, Southern Plains Regional Office, Bureau of Indian 
Affairs, P.O. Box 368, Anadarko, Oklahoma 73005, Phone: (405) 247-6673; 
Fax: (405) 247-2242.

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.
    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 Otoe-Missouria Tribe of Indians adopted 
Resolution Number OMTC # 0706130 FY 2022 (A Resolution Repealing the 
Otoe-Missouria Tribal Council Liquor Ordinance, Resolution Number OMTC 
# 43-FY-00 and replacing it with the Otoe-Missouria Tribe of Indians 
Liquor Control Ordinance of 2022) on July 6, 2022. The statute repeals 
and replaces the previous Otoe-Missouria Tribe of Oklahoma Liquor 
Control Ordinance published in the Federal Register on December 26, 
2000 (65 FR 81541).

Bryan Newland,
Assistant Secretary--Indian Affairs.

Otoe-Missouria Tribe of Indians Liquor Control Ordinance of 2022

    A law to authorize and regulate liquor transactions within the 
jurisdiction of the Otoe-Missouria Tribe of Indians.

Part 1. General Provisions

Section 1

    Authority: Enacted by the Tribal Council of the Otoe-Missouria 
Tribe of Indians (``Tribal Council'') on July 6, 2022 by OMTC # 0706130 
FY 2022. This Ordinance is enacted pursuant to federal statutes and 
other laws, including the Act of August 15, 1953, 67 Stat. 586, 
codified at 18 U.S.C. 1161, and in conformity with applicable laws of 
the State of Oklahoma (``State'').

[[Page 47896]]

Section 2

    Purpose: The Tribal Council, as the governing body of the Otoe-
Missouria Tribe of Indians (``Tribe'') hereby enacts this Ordinance to 
authorize and regulate Liquor Transactions within the Tribal Lands.

Section 3

    Policy: The authorization and regulation of Liquor Transactions is 
necessary to encourage economic development, improve the Tribe's 
economic situation, and generate revenue for the Tribe, which may be 
used to provide basic governmental functions for its members.

Section 4

    Sovereign Immunity: Unless otherwise specified in this Ordinance, 
all inherent sovereign rights of the Tribe are hereby expressly 
reserved, including sovereign immunity from suit in any state, federal 
or tribal court.

Section 5

    Jurisdiction: This Ordinance shall apply to all members of the 
Tribe, any person engaged in Liquor Transactions within the Tribal 
Lands, and all employees of a person conducting Liquor Transactions 
within the jurisdiction of the Tribe.

Section 6

    General Prohibition: It shall be a violation of laws of the Tribe 
to manufacture, sell, store, transport, or conduct any Liquor 
Transactions except in compliance with the terms, conditions, 
limitations, and restrictions specified in this Ordinance.

Section 7

    Tribal Control of Liquor: The Tribe has the sole and exclusive 
right to authorize the Manufacture of liquor, including distilleries, 
breweries, wineries, cideries and bottling, within or importation of 
alcoholic beverages into the Tribal Lands for sale or for the purpose 
of conducting transactions therewith, and no person or organization may 
manufacture such alcoholic beverages within or import any such 
alcoholic beverages into the Tribal Lands unless authorized by the 
Tribe to do so.

Section 8

    Applicability of State Law: Except as may be otherwise authorized 
by agreement between the Tribe and the State, the Tribe and its agents 
shall act in conformity with the Oklahoma's laws regarding the Sale of 
Liquor to the extent required by applicable federal law, including 18 
U.S.C. 1161.

Section 9

    Power to License and Tax: The power to establish licenses and levy 
taxes under the provisions of this Ordinance is vested exclusively with 
the Tribe.

Section 10

    Severability: If any section of this Ordinance is invalidated by a 
court of competent jurisdiction, the remaining sections shall not be 
affected thereby.
Section 11
Definitions
    Alcohol means the product of distillation of any fermented liquid, 
whether rectified or diluted, whatever the origin, and includes 
synthetic ethyl alcohol and alcohol processed or sold in a gaseous form 
but excludes denatured alcohol or wood alcohol.
    Beer means any beverage obtained by the alcoholic fermentation of 
an infusion or decoction of pure hops, or pure extract of hops and pure 
barley malt or other wholesome grain or cereal in pure water and 
includes, but is not limited to, beer, ale, malt liquor, stout, lager 
beer, porter, near beer, flavored malt beverage, and hard cider.
    Board means the Otoe-Missouria Liquor Control Board.
    Commissioners means a member of the Board.
    Brewer means any person engaged in the business of manufacturing 
beer.
    Consume means knowingly and intentionally drinking or otherwise 
ingesting.
    Distiller means any person engaged in the business of distilling or 
manufacturing spirits.
    Distribute means to acquire, purchase, store, introduce, import, 
export, sell, offer for sale, deliver, transport, give away, offer to 
give away, or otherwise possess liquor for resale or further 
processing, or otherwise introduce, import, export, sell, resell, offer 
for sale or resale, deliver or transport.
    Key Participant means high-level employees of a licensee such as 
executives and management or any person has at least 10% ownership 
interest in the licensee's business.
    Liquor means Alcohol, Beer, spirits, wine, all other fermented, 
spirituous, vinous, or malt liquors, or combinations thereof and mixed 
liquor, a part of which is fermented, spiritous, vinous, malt liquor, 
or otherwise intoxicating and includes every liquid, solid, semi-solid, 
or other substance, patented or containing alcohol, beer, spirits, or 
wine and all preparations or mixtures of liquor capable of human 
consumption.
    Liquor Transactions means the conducting authorized by this 
Ordinance which includes manufacturing, retail sales, and wholesale.
    Manufacturer means any person engaged in the manufacture or other 
preparation of liquor in any form whatsoever, including brewers, 
distillers, and wineries, but does not include the mixing or other 
preparation of drinks for consumption on the premises where sold, 
sampled, or given away.
    Onsite Consumption means the sale of liquor for consumption upon 
the premises were sold and includes the mixing or other preparation of 
drinks for serving for consumption on the premises where sold.
    Retailer means any sale made for any purpose other than for resale 
or further processing.
    Sale means the transfer of ownership of title to, or possession of 
goods for money, other goods, services, or other valuable 
consideration, including bartering, trading, exchanging, renting, 
leasing, conditional sales, and any sale where possession of goods is 
given to the buyer, but title is retained by the seller as security for 
the payment of the purchase price.
    Spirits means any beverage which contains alcohol obtained by 
distillation, whether mixed with water or other substance in solution, 
and includes brandy, rum, whiskey, gin, or other spiritous liquors and 
such liquors when rectified, blended, or otherwise mixed with alcohol 
or other substances.
    Tribal Lands means all lands held in trust by the United States for 
the benefit of the Tribe; and all lands of the Tribe defined as Indian 
country by 18 U.S.C. 1151, including dependent Indian communities.
    Wholesaler means any person who distributes or is engaged in the 
distribution of Liquor.
    Wine means any alcoholic beverage obtained by fermentation of 
fruits, vegetables, or other agricultural products containing sugar, 
including such beverages when fortified by the addition of alcohol or 
spirits.
    Winery means any person engaged in the business of producing or 
manufacturing wine.

Section 12

    Effective Date: This Ordinance shall become effective upon the date 
that the Secretary of Interior certifies the Ordinance and publishes it 
in the Federal Register.

[[Page 47897]]

Part 2. Otoe-Missouria Liquor Control Board

Section 1

Establishment
    1.1 Governmental Subdivision: The Tribal Council hereby establishes 
the Otoe-Missouria Liquor Control Board (``Board'') as a governmental 
subdivision of the Tribe, charged with implementation of this Ordinance 
and regulation over Liquor Transactions.
    1.2 Place of Business. The Board shall maintain its headquarters 
and principal place of business within Tribal offices.
    1.3 Duration: The Board shall have perpetual existence in its own 
name, unless dissolved by the Tribal Council.
    1.4 Arm of the Tribe: In carrying out its purposes under this 
Ordinance, the Board shall function as a governmental instrumentality 
and as an arm of the Tribe. Notwithstanding any authority delegated to 
the Board under this Ordinance, the Tribe reserves to itself the right 
to bring suit against any person or entity in its own right, on behalf 
of the Tribe or on behalf of the Board, whenever the Tribe deems it 
necessary to protect the sovereignty, rights and interests of the Tribe 
or the Board.
    1.5 Sovereign Immunity of the Board: As a governmental subdivision 
of the Tribe, all inherent sovereign rights of the Tribe are hereby 
expressly extended to the Board and reserved, including sovereign 
immunity from suit in any state, federal or tribal court.
    1.6 Board Membership: The Board is comprised of one (1) Chairperson 
and up to two (2) Boarders. The Chairperson and Boarder are 
collectively referred to as the Commissioners.
    1.7 Quorum: All questions requiring action of the Board must be 
determined by a majority vote of the Commissioners at a meeting where a 
quorum of at least two (2) Commissioners are present.
    1.8 Appointment: The Commissioners must be appointed by the Tribal 
Council and confirmed at any Tribal Council meeting.
    1.9 Term: The Tribal Council may appoint any Commissioner to serve 
up to three (3) years. Commissioners may be reappointed without 
limitation.
    1.10 Compensation: Commissioners will be compensated at a rate set 
by the Tribal Council. To ensure the Board is not improperly 
influenced, Commissioner's compensation shall not be based on a 
percentage of revenue derived from the activities authorized and 
regulated under this Ordinance.
    1.11 Qualifications: To be eligible to serve on the Board, any 
person appointed as a Commissioner shall:
    (a) be an enrolled member of the Tribe, the spouse of an enrolled 
member of the Tribe, or the parent of an enrolled member of the Tribe.
    (b) have expertise, experience, education or a combination thereof 
in regulation of Liquor Transactions pursuant to this Ordinance;
    (c) be at least twenty-one (21) years of age and show proof of High 
School Diploma or equivalent; and
    (d) not be eligible for appointment as a Commissioner if:
    i. the person's prior activities, criminal record if any, credit 
history or reputation, habits, or associations:
    1. poses a threat to the public interest;
    2. threatens the effective regulation and control of the activities 
authorized and regulated under this Ordinance or the public's 
confidence in said regulation; or
    3. enhances the dangers of unsuitable, unfair or illegal practices, 
methods, or activities in the conduct authorized and regulated by this 
Ordinance.
    ii. been convicted of or entered a plea of no contest to any felony 
in the five (5) years prior to appointment unless pardoned and fully 
restored of his or her civil rights by the proper authorities prior to 
appointment; or
    iii. who has, or whose spouse, significant other, parent, child or 
sibling has, an ownership, partnership, or other direct monetary or 
financial interest in the activities authorized and regulated under the 
Ordinance.

Section 2

Powers
    2.1 Regulations: The Board may promulgate regulations:
    (a) to establish procedures designed to detect irregularities or 
fraud;
    (b) to design a regulatory system to oversee Liquor Transactions;
    (c) to collaborate and cooperate with such other agencies of the 
Tribe, other tribes, the United States, and state governments as 
necessary to implement and enforce this Ordinance;
    (d) to establish procedures governing the conduct of inspections, 
investigations, hearings and enforcement actions; or
    (e) promulgate any other regulations to ensure compliance with this 
Ordinance.
    2.2 Investigations: The Board may inspect the premises where Liquor 
Transactions is taking place. In undertaking such investigations, the 
Board may:
    (a) request assistance of federal or local law enforcement, legal 
counsel and/or other third parties;
    (b) during normal business hours, may reasonably enter upon 
premises to examine accounts, books, papers and documents;
    (c) make any request or inquiry for information or documents of any 
person engaged in Liquor Transactions;
    (d) require the presence of any person and require testimony under 
oath concerning the subject matter of any inquiry of the Board, and to 
make a permanent record of the proceeding; or
    (e) conduct any investigation to determine compliance with this 
Ordinance.

Section 3

Duties
    3.1 Annual Budget: The Board shall prepare an annual operating 
budget and present it to the Tribal Council no less than thirty (30) 
days prior to the commencement of each operating year.
    3.2 Licensing: The Board shall:
    (a) require a license of each business or entity engaged in 
manufacturing, wholesale, retail, and/or onsite consumption as 
authorized by this Ordinance;
    (b) establish business applications, which at a minimum shall 
include:
    i. the names of all Key Participants;
    ii. list of all licenses related to liquor transactions for which 
applicant has ever applied to the Board or any other tribal, state, 
federal or local government, and indication of whether such licenses 
were issued;
    iii. disclosure of any liquor transaction related licenses that 
have been denied or revoked;
    iv. sworn statement that applicant agrees a license is a revocable 
privilege and not a right;
    v. sworn statement that applicant acknowledges the license may not 
be sold, assigned or transferred;
    vi. sworn statement that applicant's Key Participants shall seek 
and maintain a license with the Board;
    vii. sworn statement that applicant will submit to the jurisdiction 
of the Tribe; and
    viii. an application fee as set by the Board.
    (c) conduct a due diligence investigation of the applicant to 
sufficiently allow the Board to make an eligibility determination on 
whether a license should be issued, which shall be completed within 
sixty (60) days of receipt of the application or automatically be 
deemed a denial;
    (d) approve applications if Board determines the following criteria 
is met:
    i. applicant complied with all Board requirements; and
    ii. the liquor transactions applicant intends to conduct are 
authorized by this Ordinance.
    (e) deny applications if Board determines the applicant has not

[[Page 47898]]

complied with all requirements of the laws of the Tribe, applicable 
State liquor laws, or applicable federal laws and:
    i. immediately suspend any temporary license previously issued;
    ii. provide written notice of ineligibility to receive a license; 
and
    iii. provide the applicant with the option to request a hearing on 
the denial, which shall follow the procedures at Part 7, Section 2.2.
    (f) for applicant's that are determined eligible for a license 
under this Section, issue a license that at a minimum shall include:
    i. licensee name;
    ii. license classification (i.e., manufacture, wholesale, retail);
    iii. location of licensed facility;
    iv. Tribe's logo;
    v. issue date; and
    vi. license number.
    (g) maintain records of all license applicants and licensees, 
including applications, background investigation reports, and 
eligibility determination reports for no less than five (5) year.
    3.3 Key Participant Licensing: The Board shall:
    (a) require a license for all Key Participants of any licensee;
    (b) establish applications for Key Participants which at a minimum 
shall include:
    i. full name, other names used (oral or written), social security 
number, birth date, place of birth, citizenship, gender, and all 
languages spoken or written;
    ii. currently, and for the previous five (5) years, business and 
employment positions held, ownership interests in those business, 
business and residential addresses, and driver's licenses (number, date 
of issuance and expiration);
    iii. current business and residential telephone numbers, and all 
cell phone numbers, personal and business;
    iv. a description of any existing and previous business 
relationships with Consumer Financial Services generally, including 
ownership interest in those businesses;
    v. the name and address of any licensing or regulatory agency with 
which the person has filed an application for a license or permit 
related to lending, whether or not such license or permit was granted;
    vi. for each criminal charge, felony or misdemeanor: whether or not 
there is a conviction, if such criminal charge is within the last five 
(5) years of the date of application, a description of the criminal 
charge, the name and address of the court involved, and the date of 
disposition, if any; and
    vii. any other information the Board deems relevant.
    (c) conduct background investigations for each Key Participant 
applicant to sufficiently allow the Board to make an eligibility 
determination on whether a license should be issued, which background 
investigation shall be completed within sixty (60) days of receipt of 
the application or shall automatically be deemed a denial, and at a 
minimum should include an inquiry of:
    i. criminal history through background checks;
    ii. civil history; and
    iii. personal credit check.
    (d) create and maintain an investigative report for each background 
investigation of a Key Participant applicant, which at a minimum shall 
include:
    i. steps taken to investigate or verify the contents of the 
applications; and
    ii. results and conclusions.
    (e) make a determination of suitability on whether to issue a 
license. The Board shall not issue a license if the applicant's prior 
activities, criminal record if any, credit history or reputation, 
habits, or associations:
    i. poses a threat to the public interest;
    ii. threatens the effective regulation and control of the 
activities authorized and regulated under this Ordinance or the 
public's confidence in said regulation;
    iii. enhances the dangers of unsuitable, unfair or illegal 
practices, methods, or activities in the conduct authorized and 
regulated by this Ordinance;
    iv. has been convicted of or plead guilty to a felony or any 
criminal offense related to liquor in any jurisdiction other than 
driving while intoxicated or under the influence of liquor; or
    v. has had a liquor license revoked in any jurisdiction in the 
previous two (2) years.
    (f) if the applicant is not eligible for a license, the Board 
shall:
    i. immediately suspend any temporary license previously issued;
    ii. provide written notice of ineligibility to receive a license; 
and
    iii. provide the applicant with the option to request a hearing on 
the denial, which shall follow the procedures at Part 7, Section 2.2.
    (g) for applicant's that are determined eligible for a license 
under this Section, issue a Key Participant license that at a minimum 
shall include:
    i. Key Employee name;
    ii. Tribe's logo;
    iii. issue date; and
    iv. license number;
    (h) maintain records of all applicants and licensees, including 
applications, background investigation reports, and eligibility 
determination reports for no less than five (5) years.
    3.4 Meetings: The Board shall meet regularly as necessary to timely 
discharge their duties under the Ordinance.
    3.5 Reports to Tribal Council: The Board shall meet with the Tribal 
Council quarterly. The Board shall file a quarterly report with the 
Tribal Council reporting on monthly activities of the Board's oversight 
of persons licensed and regulated under the Ordinance.
    3.6 Enforcement: The Board shall have jurisdiction over any 
violations of this Ordinance or violations of State liquor laws and may 
suspend or revoke licenses, and impose civil penalties and fines over 
any person, in accordance with the procedures at Part 7 of this 
Ordinance.
    3.7 Records: The Board shall create and maintain accurate and 
complete records which contain information and documents necessary for 
the proper and efficient operation of the Board, including, but not 
limited to:
    (a) all licenses issued and any fees received for the same;
    (b) all fees and penalties imposed, due, and collected; and
    (c) every official action of the Board.

Section 4

    Prohibited Acts: The Board may not:
    (a) waive sovereign immunity of the Board or the Tribe without 
receiving written approval from the Tribal Council; or
    (b) make business decisions for a licensed entity under this 
Ordinance.

Part 3. Manufacturer License

Section 1

    License Required: A person may not engage in brewing, distilling, 
bottling, or otherwise manufacturing liquor unless said Person has 
received a license from the Board.

Section 2

    Term: The Manufacturer license is valid for a term of one (1) year.

Section 3

    Covered Liquor Transactions: A Manufacture license allows, without 
the requirement of any other license: the manufacture, distilling, 
brewing, bottling, and storage of Liquor on Tribal Lands; the purchase 
of Liquor for purposes of bottling and wholesale distribution; and the 
wholesale distribution of Liquor brewed, distilled, bottled, or 
otherwise manufactured on Tribal Lands.

[[Page 47899]]

Section 4

    Exemptions: Manufacturer license holders engaged in wholesale 
Liquor Transactions are exempt from obtaining a Wholesaler license 
under Part 4 of this Ordinance, but is still required to comply with 
all applicable obligations of a Wholesaler licensee.

Part 4. Wholesaler License

Section 1

    License Required: A person may not distribute Liquor from a 
location on Tribal Lands or store Liquor on Tribal Lands for the 
purposes or intent of distributing such liquor, unless said person has 
received a Wholesaler license from the Board.

Section 2

    Term: The Wholesaler license is valid for a term of three (3) 
years.

Section 3

    Covered Liquor Transactions: A Wholesaler license allows, without 
the requirement of any other license, the distribution of Liquor on or 
from the location on Tribal Lands designated in the Wholesaler license.

Part 5. Retailer License

Section 1

    License Required: A person may not engage in retail Sale of Liquor 
from a location on Tribal Lands unless said person has received a 
Retailer license from the Board.

Section 2

    Term: The Retailer license is valid for a term of one (1) year.

Section 3

    Covered Liquor Transactions: A Retailer license allows, without the 
requirement of any other license: the purchase of liquor from a 
wholesaler for retail Sale; the Sale at retail and offering for sale at 
retail on the premises of the Retailer specified in the Retailer 
license for use of consumption but not for resale in any form; and if 
the Retailer license permits On Premises, the Consumption of Liquor, 
including sampling on the premises of the Retailer by customers of the 
Retailer.

Part 6. Licensee Obligations

Section 1

    Licensee Duties: All licensees shall:
    (a) at all times comply with this Ordinance, rules and regulations 
promulgated pursuant to this Ordinance, and all other applicable Tribal 
laws, State liquor laws, and applicable federal laws;
    (b) provide the Board written notice of a material change, 
including but not limited to, company name, address, management, 
bankruptcy, reorganization, complaints or felony convictions against 
Key Participant licensees, not later than ten (10) days after the 
change occurs;
    (c) establish sanitation, security, and other related policies that 
comply with the Ordinance, Tribal and federal laws, and transmit 
current copies to the Board when revised;
    (d) post license in all physical locations where the business is 
transacted;
    (e) preserve records of the purchase and sale of Liquor, including 
books of account, invoices, and bills for a period of two (2) years;
    (f) provide the Board access to investigate books, accounts and 
records;
    (g) submit monthly reports with details as required by the Board;
    (h) submit annual reports to the Board which at a minimum shall 
include:
    i. name, address and contact information for licensee and Key 
Participants;
    ii. description of Liquor Transactions conducted;
    iii. sworn statement licensee has complied with Tribal laws, 
applicable State liquor laws, and federal laws; and
    iv. the name and signature of agent who will accept service of 
process on behalf of the licensee;
    (i) conduct internal audits to ensure compliance with Tribal laws, 
applicable State liquor laws and federal laws, and submit the results 
to the Board.

Section 2

    Prohibited Acts: Licensees may not:
    (a) reseal, reuse, or refill any package that contains or contained 
liquor;
    (b) lock, or permit the locking of, the entrances to the licensed 
premises until all persons other than the licensee and its employees 
have left.
    (c) change the name of its licensed premises without first 
obtaining a modification of its license;
    (d) allow loitering by intoxicated persons, rowdiness, undue noise, 
or any other disturbance offensive to the residents near the location 
of the licensee;
    (e) engage in Liquor Transactions in violation of this Ordinance, 
State liquor laws, or applicable federal laws; or
    (f) fail to pay taxes assessed against it under the laws of the 
Tribe.

Part 7. Enforcement and Hearings

Section 1

    Ordinance Enforcement: Except as provided otherwise in this 
Ordinance, the Board shall have jurisdiction over all persons violating 
the Ordinance within the jurisdiction of the Tribe.

Section 2

License Denial, Suspension or Revocation
    2.1 Grounds for Denial, Suspension, or Revocation: The Board shall 
deny an applicant or suspend or revoke a license if the Board finds any 
person:
    (a) failed to pay license application fee to Board;
    (b) made a material misstatement or omission on the application or 
any document submitted to the Board;
    (c) withheld or provided incomplete or insufficient pertinent 
information;
    (d) refused to comply with any lawful order, inquiry, directive of 
the Board, or the Tribal Council;
    (e) violated this Ordinance or the rules and regulations of the 
Board;
    (f) aided another or conspired to violate this Ordinance or the 
rules and regulations of the Board;
    (g) engaged in Liquor Transactions not authorized by this 
Ordinance;
    (h) knowingly falsified books or records;
    (i) failed to keep sufficient books or records for the Board to 
determine compliance with Tribal laws, applicable State liquor laws, 
and federal law;
    (j) has had an order entered against them by an administrative 
agency of any jurisdiction and the order is based on conduct involving 
fraud, deceit or misrepresentation;
    (k) has had a financial order entered against them in a civil 
action based on conduct involving fraud, deceit or misrepresentation;
    (l) attempted to bribe or offer something of value to any person, 
Tribal Council member, or a Commissioner in attempt to receive 
favorable treatment under the Ordinance, or applicable Tribal or 
federal law;
    (m) poses a threat to the public interest or the effective 
regulation of Liquor Transactions;
    (n) creates or enhances the danger of unsuitable, unfair, or 
illegal practices and methods and activities related to Liquor 
Transactions;
    (o) was a former licensee pursuant to this Ordinance whose license 
was suspended and not reinstated, or revoked;
    (p) was not eligible for licensure for any of the reasons 
identified at Part 2, Section 3.2(e) and Part 2, Section 3.3(e).
    2.2 Procedure for Denial: When issuing a denial of a license 
application, the Board shall:
    (a) provide written notice of the ineligibility to receive a 
license, which

[[Page 47900]]

shall state the reasons for the denial; and
    (b) provide the applicant with the option to request a hearing on 
the decision, which shall follow the procedures at Part 7, Section 2.6.
    2.3 Procedure for Suspension or Revocation: Upon reasonable basis 
for belief that a licensee has violated the Ordinance, the Board shall 
either undertake an investigation of the person under Part 7, Section 
2.4, or immediately issue a notice of violation under Part 7, Section 
2.5.
    2.4 Investigation: The Board may investigate and examine the 
operation and premises of any person within its jurisdiction in 
accordance with Part 2, Section 2.2:
    (a) upon complaint;
    (b) upon its own initiative when there is a reasonable basis for 
belief there has been a violation of the Ordinance;
    (c) or whenever necessary to perform its duties and exercise its 
powers under the Ordinance.
    2.5 Notice of Violation: The Board may serve any notice of 
violation to a licensee or Key Participant explaining the basis and the 
aggrieved party's right to request a hearing, which request shall be in 
writing and made within ten (10) days of receipt of the notice.
    2.6 Hearings; Notice; Due Process; Arbiter; Appeals:
    (a) within ten (10) days after receiving a request for a hearing, 
the Board shall schedule a hearing and issue a notice identifying the 
issues to be resolved, and the date, time and location of the hearing, 
which shall be set no sooner than five (5) days after receipt of the 
request for a hearing but no later than sixty (60) days after receipt 
of request for a hearing;
    (b) at the hearing, the affected parties shall be provided the 
opportunity to present oral or written testimony and other evidence to 
dispute the violation;
    (c) the Board may promulgate rules governing the hearing 
procedures;
    (d) the Chairman of the Board will preside over the hearing;
    (e)the Board shall issue a written decision within thirty (30) days 
after the hearing; and
    (f) affected parties may appeal the Board's decision by filing a 
written appeal to the Tribal Council within twenty (20) days of 
receiving the Board's final written decision, which shall be placed on 
the Tribal Council's agenda at its earliest convenience but no later 
than sixty (60) days after the notice of appeal is filed, which 
decision of the tribal Council on appeal shall be final and is not 
subject to further appeal.

Section 3

    Cease and Desist Orders for Unlicensed Persons: For any person 
violating the Ordinance, a person who does not hold a valid license, or 
there is reasonable cause that any applicable law is being violated, 
the Board shall issue a cease and desist order. Any Person who does not 
comply with the cease and desist order will be subject to further 
enforcement action under Part 7, Section 4.

Section 4

Civil Penalties
    4.1 Fines for Civil Violations: Any person who fails to comply with 
a final order of the Board or Tribal Council under Part 7, Section 2, 
or a cease and desist order issued pursuant to Part 7, Section 3, may 
be required to pay a civil fine to the Board pursuant to regulations. 
For purposes of this section, multiple violations originating from the 
same act or omission will be treated as one violation for purposes of 
assessing civil fines.
    4.2 Civil Action for Penalties: In enforcing fines and violations 
under this Section, the Board may proceed in the name of the Tribe 
against a person by filing civil complaint in a court of competent 
jurisdiction.

[FR Doc. 2023-15724 Filed 7-24-23; 8:45 am]
BILLING CODE 4337-15-P