Blackfeet Tribe of the Blackfeet Indian Reservation; Amendment to Regulation and Control of Liquor, 103866-103874 [2024-30255]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103866-103874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30255]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[256A2100DD/AACC003300/A0H901010.999900]


Blackfeet Tribe of the Blackfeet Indian Reservation; Amendment to 
Regulation and Control of Liquor

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an amendment to the Liquor Ordinance of 
the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana 
(Tribe).

DATES: This ordinance shall take effect on January 21, 2025.

FOR FURTHER INFORMATION CONTACT: Ms. Jo-Ellen Cree, Tribal Operations 
Officer, Rocky Mountain Regional Office, Bureau of Indian Affairs, 2021 
Fourth Avenue North, Billings, Montana 59101, [email protected], 
Telephone: (406) 247-7964 or (406) 247-7988, Fax: (406) 247-7566.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 5886, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor control ordinances for the purpose of regulating 
liquor transactions in Indian country.
    This notice is published in accordance with the delegated authority 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Blackfeet Tribal Business Council duly 
adopted Ordinance No. 73 by Tribal Resolution No. 504-2024 on July 8, 
2024.

Bryan Newland,
Assistant Secretary--Indian Affairs.

Blackfeet Tribal Ordinance #73, as Amended

Regulation and Control of Liquor

Part I. General Provisions

1.0 Declaration of Public Policy-Subject Matters of Regulation

    (A) It is hereby declared to be the public policy of the Blackfeet 
Tribe to effectuate and ensure the entire control of the sale and 
distribution of all alcoholic beverages within the Blackfeet Indian 
Reservation, subject to the inherent sovereign power of the Blackfeet 
Nation and the power delegated to the Tribe by the United States 
Congress and concurrently with the State of Montana.
    (B) This code is an exercise of the police powers of the Blackfeet 
nation and the power delegated pursuant to Title 18, section 1161 of 
the United States Code, in and for the protection of the welfare, 
health, peace, morals and safety of the people of the Blackfeet Nation 
and residents of the Blackfeet Indian Reservation.
    (C) It is further the policy of the Blackfeet nation to effectuate 
the economic rights of members of the Blackfeet Nation, as guaranteed 
by Article VIII, Section 2 of the Blackfeet Constitution. This policy 
is implemented herein by limiting the issuance of new licenses in some 
cases \1\ to enrolled members of the Blackfeet Nation or business 
entities which are at least fifty-one percent (51%) owned by enrolled 
members of the Blackfeet Nation.
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    \1\ Resolution No. 325-87, ``Approving Various Amendments Change 
#1'' June 17, 1987.
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2.0 Sale of Alcoholic Beverages Privilege, Not Right

    A license for the sale or distribution of alcoholic beverages 
within the Blackfeet Indian Reservation is a privilege which the 
Blackfeet Nation may grant or deny and is not a right to which any 
person or entity is entitled.

Part 2. Retail Sales Restrictions

1.0 Unlawful Sales and Other Transactions

    (A) It shall be unlawful for any licensee, his/her employee or 
employees, or any other person to sell, deliver, or give away, or cause 
or permit to be sold, delivered, or given away any alcoholic beverage 
to any person:
    1. Under twenty-one (21) years of age \2\; or
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    \2\ Resolution No. 214-2011, Amending Ordinance 73, Social Host 
Law and Penalty, May 5, 2011.
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    2. Who is obviously, actually, or apparently intoxicated.
    (B) It shall be unlawful for any person or entity to sell or 
distribute alcoholic beverages within the exterior boundaries of the 
Blackfeet Indian Reservation without first obtaining a license pursuant 
to this Ordinance.
    (C) It shall be mandatory under this law for all licensees to 
display in a prominent place in their premises a placard stating fully 
the consequences for violations of this law by persons under twenty-one 
(21) years of age.\3\
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    \3\ Resolution No. 214-2011, Amending Ordinance 73, Social Host 
Law and Penalty, May 5, 2011.
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2.0 Sale and Distribution of Alcoholic Beverages Unlawful

    It shall be unlawful for a licensed person or business entity to 
sell or

[[Page 103867]]

distribute alcoholic beverages within the exterior boundaries of the 
Blackfeet Indian Reservation, provided that the licensee complies with 
the provisions of this Ordinance, concurrently with the laws of the 
State of Montana.

3.0 Closing Hours for Licensed Retail Establishments

    All licensed establishments wherein alcoholic beverages are offered 
for sale, or given away at retail shall be closed:
    (A) Each day between 2:00 a.m. and 8 a.m.
    (B) Easter Sunday between 8:00 a.m. and 2:00 p.m. (all day)
    (C) From 6:00 p.m. December 24 (Christmas Eve) to 6:00 p.m. 
December 25 (Christmas Day).
    (D) There will be no sales of alcoholic beverages, including sales 
at stores, bars, restaurants, and taverns within the Blackfeet 
Reservation during North American Indian Days and Heart Butte Society 
Celebration, beginning at 8:00 a.m. Thursday and ending at 8:00 a.m. 
the following Monday.\4\
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    \4\ 2008 Referendum Vote Language to close sales during North 
American Indian Days and Heart Butte Society Celebration; however, 
does not reference amendment to Ordinance #73.
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    (E) Any Blackfeet Reservation High School Graduation, 8:00 a.m. and 
2:00 a.m. (all day).\5\
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    \5\ Resolution No. 504-2024 ``Amending Ordinance #73 Regulation 
and Control of Liquor, Regarding Retail Hours During K-12 School 
Year, High School Graduations, High School Proms and Blackfeet 
Community College Graduation'' July 8, 2024.
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    (F) Any Blackfeet Reservation High School Prom, 8:00 a.m. and 2:00 
a.m. (all day) \6\
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    \6\ Resolution No. 504-2024.
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    (G) Blackfeet Community College Graduation, 8:00 a.m. and 2:00 a.m. 
(all day); \7\ and,
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    \7\ Resolution No. 504-2024.
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    (H) During the K-12 Academic School Year within the Blackfeet 
Reservation, Monday through Friday each day, from 8:00 a.m. to 5 
p.m.\8\
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    \8\ Resolution No. 504-2024, and Resolution No. ___``Amending 
Resolution No. 504-2024 Amending Ordinance #73 Clarifying Weekend 
Sales During Academic School Year on the Blackfeet Reservation'' 
August 21, 2024.
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    The Blackfeet Tribal Business Council retains discretionary 
authority to close licensed retail establishments in recognition of 
Indian religious ceremonies, after giving due notice. Provided, 
however, that when a licensed retail establishment is operated in 
conjunction with a restaurant, hotel, or other lawful business other 
than the sale of intoxicating alcoholic beverages, then such other 
lawful business need not be closed, but only the part where of such 
alcoholic beverages are sold.

4.0 Sale of Alcoholic Beverages During Closed Hours

    It shall be unlawful for any licensed Tribal establishments to 
sell, offer for sale, or give away alcoholic beverages during the hours 
when the licensed retail establishments are required by this Ordinance 
to be closed or otherwise refrain from the sale of alcoholic beverages.

5.0 Lapse of License for Non-Use

    (A) Any retail license issued pursuant to this Ordinance (including 
any retail license to sell alcoholic beverages for off premises 
consumption) not actually used in a going establishment for ninety (90) 
days shall automatically lapse. Upon determining the fact of nonuse, 
the Tribal Council shall cancel such license of record and no portion 
of the fee paid therefore shall be refundable.
    (B) The provisions of this section shall not apply to the license 
of any licensee whose premises are operated on a seasonal basis in 
connection with a bona fide resort, park hotel, tourist facility from 
the Tribal Business Council to close the business.
    (C) The Tribal Council may, in its discretion, waive the effects of 
this section for a licensee who failed to use his license in a going 
establishment for ninety (90) days should the Council find that said 
lapse was reasonably beyond the control of the licensee.

6.0 Tribal License Automatically Revoked With Loss of State License

    Pursuant to federal law, the regulation of transactions involving 
alcoholic beverages within the Indian Reservation is a matter of 
concurrent jurisdiction between the various Indian tribes and the 
States in which their reservations are located. Thus, to validly engage 
in the business of selling or distributing alcoholic beverages on 
Indian reservations a licensee must possess both the Tribal and state 
license.
    (A) Any Tribal license issued pursuant to this Ordinance will be 
automatically revoked ninety (90) days after the Tribal Council 
receives notification from proper State officials that the licensee's 
state license has been revoked or has otherwise expired, and that all 
state appeals processes have been exhausted.

Part 3. License Administration

1.0 License Classification

    (A) The issuance of licenses for the retail sale of alcoholic 
beverages within the Blackfeet Indian Reservation shall be based upon 
the following classifications:
    CLASS 1. All Beverage License: This license enables the licensee to 
sell liquor, beer, wine, and other alcoholic beverages within the 
boundaries of the Blackfeet Reservation.
    CLASS 2. On-Premise Retail Beer License With Available Wine Sales 
Amendment: This license enables the licensee to sell beer for on-
premises consumption. For an additional fee, a wine amendment is 
available. The licensee must make an initial showing that the sale of 
beer for on-premises consumption is supplementary to a restaurant or 
prepared food business. Non-retention of the beer license, for any 
reason, will mean automatic loss of the wine license amendment.
    CLASS 3. Off-Premises Retail Beer License With Available Wine Sales 
Amendment: This license enables the licensee to sell beer and wine with 
an amendment, in the original package for off premises consumption 
only. The licensee must make an initial showing that the license will 
be used in conjunction with the business operated primarily as a bona 
fide grocery store or drugstore.
    (B) The issuance of new licenses in class 1 and 2 \9\ shall be 
limited to enrolled members of the Blackfeet Indian Nation or business 
entities which are at least fifty-one (51%) owned and operated by an 
enrolled member of the Blackfeet Indian Nation.
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    \9\ Resolution No. 325-87, ``Approving Various Amendments Change 
#2'' June 17, 1987.
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    CLASS 4. Special Licenses: this license consists of special 
permission enabling the licensee to sell beer or wine to the patrons of 
some preplanned community event, to be consumed within the enclosure 
where the event is held. Allowable events include company picnics, 
conventions, fairs, civil entertainments, and sporting events.

2.0 Beer Retailer's License--Application and Issuance--Check of Books 
of Account and Premises by Tribe

    (A) Any person desiring to have and possess beer and wine for sale 
under this Ordinance for the purpose of selling it at retail shall 
first apply to the Tribal Council for a license to do so and tender 
with said application the license fee provided for.
    (B) Upon being satisfied, from such application or otherwise, that 
the applicant is qualified as provided, the Tribal Council shall issue 
a license to such person or applicant, which license shall at all times 
be prominently displayed in the place of business of the applicant.

[[Page 103868]]

    (C) If the Tribal Council finds that the applicant is not 
qualified, no license shall be granted, and the license fee tendered 
shall be promptly returned.
    (D) The Tribal Council shall have the right and is hereby given the 
authority to make, at any time an examination of the books of any such 
retailer and his premises and otherwise check his methods of conducting 
business in so much as it regards his retail liquor license, through 
independent licensed auditors.

3.0 Retailer Beer License for On-Premises Consumption--Wine License 
Amendment--Limit on Number of Licenses

    (A) Except as otherwise provided by law, a license to sell beer at 
retail for on-premises consumption, or beer and wine at retail for on-
premises consumption, in accordance with the provisions of this 
Ordinance, may be issued to any person, firm or corporation who is 
approved by the Tribal Council as a fit and proper person, firm or 
corporation to sell beer, except that:
    1. in the town of Browning, and within a distance of five (5) miles 
from the city limits of Browning, not more than one (1) license for 
every 1000 persons residing in the above-described area shall be issued 
and said license may not be used in conjunction with a retail all-
beverage license.
    2. in the unincorporated town of East Glacier Park and within a 
distance of five (5) miles from the limits of East Glacier Park not 
more than one (1) license for every 1000 persons residing in the 
described area, shall be issued and said license may not be used in 
conjunction with the retail all-beverage license.
    3. the number of retail beer licenses for on-premises consumption, 
which may be issued by the Tribal Council, excluding those provided for 
in subsections (1) and (2) above, shall be determined on the limitation 
of no more than one (1) per 750 persons in that area and provided 
further that, in the exercise of its sound discretion, the Tribal 
Council first determines that the issuance of said license is a 
required is required by public convenience and necessity.
    (B) Retail beer licenses, or beer and wine licenses, of issue on 
January 1, 1985, and which are in excess of the foregoing limitations 
shall be renewable, but no new licenses may be issued in violation of 
such limitations.
    (C) An applicant for a license to sell beer, or beer and wine for 
on-premises consumption, at retail, must make a satisfactory showing 
that the sale of beer or beer and wine for consumption on-premises 
would be supplemental to the applicant's primary business activity of 
operating a restaurant or other prepared food business.
    (D) Any licensee possessing an on-premises retail beer license may 
apply for an on-premises retail wine license amendment. An applicant to 
sell wine for on-premises consumption at retail, must first possess a 
valid retail on-premises beer license provided, however, that this 
requirement shall not prevent an applicant from applying for an on-
premises beer license and the retail on-premises wine license 
simultaneously. Non-retention of the retail beer license, for whatever 
reason, shall mean automatic loss of the amendment.
    A person holding a retail on-premises beer and wine license may 
sell beer and wine for consumption on or off the premises.

4.0 Retail Beer and Wine License for Off-Premises Consumption Only 
Discretionary Authority to Issue \10\
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    \10\ Resolution No. 325-87, ``Approving Various Amendments 
Change #3'' June 17, 1987.
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    (A) A retail license to sell beer or wine, or both in the original 
package for off-premises consumption only may be issued to any person, 
firm, or corporation to sell beer or wine, or both, and whose premises 
proposed for licensing are operated as bona fide grocery store or 
drugstore.
    (B) The number of such licenses which the Tribal Council may issue 
is not limited but shall be determined by the Tribal Council in the 
exercise of its sound discretion, grant or deny any application for any 
such license or suspend or revoke any such license for cause.
    (C) [deleted-as per instructions in Resolution 328-87] \11\
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    \11\ Resolution No. 325-87, ``Approving Various Amendments 
Change #4'' June 17, 1987.
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5.0 Beer License Transfers

    (A) A transfer of any beer retailer's license, including transfer 
of a beer license with the wine license amendment, may be made upon 
application to the Tribal Council with the consent of the Council, 
provided that the transferee qualifies under this Ordinance, and 
subject to the following limitations:
    1. Transfer of a license for on-premises consumption \12\ which was 
issued after January 1, 1985, as a new license with Tribal member 
preference, may be made only to another enrolled member of the 
Blackfeet Nation or a business entity which is 51% owned by an enrolled 
member of the Blackfeet Nation.
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    \12\ Resolution No. 325-87, ``Approving Various Amendments 
Change #5 (A)(1)'' June 17, 1987.
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    2. Transfer of any other beer retailers license may be made to any 
qualified applicant and will not be limited to Tribal member 
preference.\13\
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    \13\ Resolution No. 325-87, ``Approving Various Amendments 
Change #5 (A)(2)'' June 17, 1987.
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6.0 All-Beverage License-Quotas

    (A) Except as otherwise provided by law, a license to sell beer, 
wine and liquor at retail (an all-beverage license) in accordance with 
the provisions of this Ordinance, may be issued to any person approved 
by the Tribal Council as a fit and proper person to sell such 
beverages, except that the number of all-beverage licenses with the 
Tribal Council may issue shall be limited as follows:
    1. There shall be no more than four (4) Class 1 all-beverage 
licenses for the Town of Browning and within a five (5) mile radius of 
the town limits. An additional license will be available with each 
increase of 1,000 persons residing in the above-described area.
    2. There shall be no more than one (1) Class 1 all-beverage license 
for the unincorporated town of East Glacier Park and within a five (5) 
mile distance from its limits, for every 1,000 persons residing in the 
said area.
    3. The number of all-beverage licenses which the Tribal Council may 
issue for premises situated outside the area identified in (1) and (2) 
above, may not be more than one license for every 750 persons residing 
on the Blackfeet Indian Reservation, excluding the population of the 
area identified in (1) and (2) above.
    (B) Retail all-beverage licenses of issue on January 1, 1985, and 
which are in excess of the foregoing limitations shall be renewable, 
but no new licenses may be issued in violation of such limitations.
    (C) Any original license issued pursuant to this section shall be 
issued only upon the Tribal Council having first determined, upon a 
hearing held pursuant to this Ordinance, that the issuance of said 
license is justified by public convenience and necessity.
    (D) Transfers of all beverage licenses which were of issue prior to 
January 1, 1985, will not be limited to Tribal member preference, and 
may otherwise be made to any qualified applicant.

7.0 Census

    The most recent census of the Blackfeet nation shall be the basis 
upon which the limitations outlined in this Ordinance shall be 
determined.

[[Page 103869]]

8.0 Special License To Sell Beer and Wine--Application and Issuance

    (A) any association or corporation conducting a picnic, convention, 
fair, community entertainment, or sporting event shall be in the sound 
discretion of the Tribal Council be entitled to a special permit to 
sell beer and wine to the patrons of such event to be consumed within 
the enclosure where the infant is to be held.
    (B) An application for a special license shall be presented at 
least three (3) days in advance of the start of the proposed event and 
shall describe the location of the enclosure where the event is to be 
held.
    (C) The application shall be accompanied by the amount of the 
license fee and a written statement of approval of the premises where 
the event is to be held issued by (sic) law enforcement agency that has 
jurisdiction over the premises and the patrons.
    (D) The license issued as a special license and authorizes the sale 
of beer and wine only on the date and during the period stated in the 
application and approval.
    Part 4. Licensing Criteria and Procedure

1.0 License as Privilege--Criteria for Decision on Application

    (A) A license under this Ordinance is a privilege which the 
Blackfeet nation may grant to, or deny, any applicant and is not a 
right to which any applicant is entitled.
    (B) Except as provided herein, in the case of a license that 
permits on premises consumption, the Tribal Council must find in every 
case in which it issues a new license, or in which it approves the 
transfer of a license that:
    1. In the case of the issuance of a new Class 1 or Class 2 \14\ 
license, that the applicant is an enrolled member of the Blackfeet 
Indian Nation, or if the applicant is a firm or corporation, that the 
applicant is at least 51% owned by an enrolled member of the Blackfeet 
Indian Nation.
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    \14\ Resolution No. 325-87, ``Approving Various Amendments 
Change #6 (B)(1)'' June 17, 1987.
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    2. The applicant is financially responsible.
    3. The applicant will not have an interest in more than one 
establishment licensed for all-beverage sales.
    4. The applicant's past record and present status as a seller of 
alcoholic beverages and as a businessman and citizen demonstrates that 
he is likely to operate his establishment in compliance with all 
applicable Tribal laws.
    5. The applicant is not under the age of twenty-one (21) years.
    6. The applicant has obtained the necessary Tribal business 
license.
    7. The applicant has not been convicted of a felony, or if the 
applicant has been convicted of a felony, that his rights have been 
restored.
    8. In the case of the transfer of a license originally issued as a 
new Class 1 or Class 2 \15\ license after January 1, 1985, that the 
applicant is an enrolled member of the Blackfeet Indian Nation, or if 
the applicant is a firm or corporation, that at least 51% of the firm 
or corporation is owned by enrolled members of the Blackfeet Indian 
Nation.
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    \15\ Resolution No. 325-87, ``Approving Various Amendments 
Change #6 (B)(8)'' June 17, 1987.
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    (C) The requirements of this subsection will apply to all new 
licenses and transfers occurring after January 1, 1985, in Class 1, 
Class 2 and Class 3 licenses, except as otherwise provided in specific 
subsections.

2.0 Application and Investigation

    (A) Prior to the issuance of any license under this ordinance, the 
applicant shall file with the Tribal Council, an application in 
writing, signed by the applicant and containing such statements 
relative to the applicant and the premises where the alcoholic beverage 
is to be sold, as may be required by the Tribal Council, including, but 
not limited to the following:
    1. The name, age and place or residence of the applicant.
    2. The location of the premises where the license will be issued.
    3. In the case of a firm or corporation, the names of all partners 
and shareholders in the firm or corporation; the percentage of 
ownership held by each partner or shareholder; the relationship, if any 
between the partners or shareholders (husband, wife, son, brother-in-
law, etc.); and whether or not each shareholder of partner is an 
enrolled member of the Blackfeet Indian Nation.
    4. In the case of an individual applicant, whether the applicant is 
an enrolled member of the Blackfeet Indian Nation.
    5. Financial records and reports of the applicant. The application 
shall be verified by the affidavit of the person making the same before 
a person authorized to administer oaths.
    (B) Upon receipt of a completed application of a license under this 
Ordinance, accompanied by the necessary license fee, as further 
required in this Ordinance, the Tribal Council shall within thirty (30) 
days make a complete and thorough investigation of all matters 
pertaining to the application and shall determine whether the applicant 
is qualified to receive a license and whether the applicant's premises 
are fit to carry on the business and that Tribal law will be complied 
with.
    (C) Upon proof that the applicant has made any false statement on 
the application, the application may be denied or if issued, the 
license may be revoked.

3.0 Notice of Application--Publication-Protest

    (A) When an application has been filed with the Tribal Council to 
sell alcoholic beverages at retail or to transfer such license, the 
Tribal Council shall promptly publish in a newspaper of general 
circulation within the Blackfeet Indian Reservation, a notice that such 
applicant has made application for such license and that protests 
against the issuance of a license to the applicant may be mailed to a 
named Tribal administrator within ten (10) days after the final notice 
is published. Notice of application for either transfer or sale shall 
be published once a week for 4 consecutive weeks' notice may be 
substantially as follows:

Notice of Application for Trans of or for Retail Sale of Alcoholic 
Beverages

    Notice is hereby given that on the __ day of ___, 198_, one (name 
of applicant) filed an application for a license to engage in the 
retail sale of alcoholic beverages within the boundaries of the 
Blackfeet Indian Reservation.
    The license is to be used at (describe location of premises where 
alcoholic beverages will be sold), and protests, if there are any, 
against the issuance of such license may be mailed to _____, Blackfeet 
Nation, Browning, MT 59417 on or before the __ day of ___, 198_.
    Dated: _________.
    (B) Each applicant shall, at the time of filing his application, 
pay to the Blackfeet Nation an amount sufficient to cover the costs of 
publication of the notice.
    (C) If the Tribal Council receives no written protests, it may 
issue a license without holding a public hearing if written protests 
against the issuance of the license or transfer of an existing license 
are received, the Tribal Council shall hold a public hearing in 
Browning at the Blackfeet Tribal Offices.
    Additional public hearings may be held at the discretion of the 
Tribal Council.

[[Page 103870]]

4.0 Protests and Hearing--Posting and Contents of License--Privilege--
Expiration

    (A) No license may be issued until after the date set in the notice 
for hearing protests.
    (B) Every license issued under this Ordinance shall contain:
    1. The name of the person (sic) whom it was issued.
    2. The location of the premises, by street number or other 
appropriate description, where the license is to be used.
    3. Other information such as the Tribal Council shall deem 
necessary. Each license must be posted in a conspicuous place on the 
premises wherein the business authorized under the license is to be 
conducted. Such license shall be exhibited upon request to any 
authorized representative of the Tribal Council or to any peace officer 
of the Blackfeet Nation or Bureau of Indian Affairs.
    (C) Any license issued under this Ordinance shall be considered a 
personal privilege to the license named in the license and shall be 
good until the expiration of the license unless sooner revoked or 
suspended.

5.0 Transfer-By Sale--In Case of Death of Licensee--From Premises to 
Premises

    (A) Except as otherwise provided in this Ordinance, no license for 
the retail sale of alcoholic beverages shall be transferred or sold. 
Nor shall said license be issued for any place of business not 
described in the license without first making an application to and 
receiving the approval of the Tribal Council.
    (B) A license for the retail sale of alcoholic beverages may be 
transferred to the executor or administrator of the estate of any 
business of selling alcoholic beverages under a license, and in such 
event a license may descend or be disposed of with the business to 
which it is applicable under the appropriate probate proceedings.
    (C) A license to sell alcoholic beverages at retail may be 
transferred to a qualified purchaser upon a bona fide sale of the 
business operated under that license. No transfer of any license as to 
person or location shall be effective until approval by the Tribal 
Council, and any licensee, transferee or proposed transferee who 
operates or attempts to operate under any supposedly transferred 
license shall be considered as operating without a license to operate 
the business to be transferred, under the license, pending final 
approval, providing an application for transfer has been filed with the 
Tribal Council.

6.0 Denial of License--Public Safety and Welfare

    (A) The Tribal Council may deny the issuance of any license for the 
retail sale of alcoholic beverages if it determines that the premises 
proposed for licensing cannot be properly policed by local authorities.
    (B) Normally a license under this Ordinance be issued if the Tribal 
Council finds upon the evidence presented at the hearing, that the 
welfare of the people residing in the vicinity of the place which such 
license is desired will be adversely and seriously affected and the 
public interest will not be served by issuance of such license.

7.0 Expiration of License

    (A) Each July 1st, the Tribal Council shall issue licenses to 
holders of retail licenses to sell alcoholic beverages within the 
Blackfeet Reservation on an annual basis and as such fees as are 
prescribed by law, such licenses are subject to revocation or 
suspension as provided for in Part 4, Section 8 of this Ordinance after 
midnight on June 30th of the licensing year for which the license fee 
has not been paid, if the annual license fees are not paid. Initial 
licenses issued under this Ordinance shall be issued at the annual 
rate, for a period ending June 30, 1986, regardless of when issued.

8.0 Renewal--Revocation or Suspension--Penalty

    (A) The Tribal Council may upon its own motion, and shall upon the 
written, verified complaint of any person, investigate the action and 
operation of any retail seller of alcoholic beverages licensed under 
this Ordinance.
    (B) If the Tribal Council, after investigation, shall have 
reasonable cause to believe that any such licensee has violated the 
provisions of this Ordinance, it may, in its discretion, and in 
addition to other penalties prescribed:
    1. Reprimand the licensee; or
    2. Suspend a license for a period not to exceed three (3) months; 
or
    3. Revoke the license of any such licensee; or
    4. Refuse to grant a renewal of such license upon the expiration 
thereof; or
    5. Impose a civil penalty not to exceed One Thousand, Five Hundred 
Dollars ($1,500), subject to the right to a hearing in the Blackfeet 
Tribal Court. The affected licensee may seek a stay of the imposition 
of the fine provided the licensee files a petition for hearing on the 
fine with the Blackfeet Tribal Court within ten (10) working days of 
the date of the licensee is notified of the fine. Failure to file a 
petition within the required time shall result in loss of the Tribal 
Court's jurisdiction to review the fine pursuant to this Ordinance.

9.0 Judicial Review Concerning Alcoholic Beverage Laws

    (A) Any interested party shall have the right to seek judicial 
review of any decision of the Tribal Council concerning the issuance, 
transfer, suspension, or revocation of any license to sell at retail 
alcoholic beverages within the Blackfeet Reservation by the Blackfeet 
Tribal Court.
    (B) Judicial review under this provision will be limited to a 
review of the record of the prior proceedings on the affected license. 
The Court will be limited to determining:
    1. Whether the Tribal Council abused its discretion by acting 
arbitrarily or capriciously; or
    2. Whether the Tribal Council's decision is supported by the record 
of the case and the facts contained therein; or
    3. Whether the Tribal Council's decision is consistent with the 
applicable provisions of the law.
    (C) The Tribal Council's decision shall be final unless modified or 
reversed by the Tribal Court.

10. Training for Responsible Alcohol Sales and Services (RASS) \16\
---------------------------------------------------------------------------

    \16\ Resolution No. 212-2011, Amending Ordinance 73, 
Implementing RASS, May 5, 2011.
---------------------------------------------------------------------------

    All retail liquor establishments prior to receiving a liquor 
license or a renewal of such license on the Blackfeet Reservation shall 
certify that all employees of such establishment have received 
Responsible Alcohol Sales and Service training also referred to as 
RASS, which training is given by the Montana Department of Revenue. Any 
new employee of such establishment shall receive such training within 
thirty (30) days of employment. The establishment shall keep a roster 
of all employees, including names and date of training, which shall be 
open for inspection by agents of the Blackfeet Tribe.
    Failure to obtain such training for employees as set forth above, 
shall subject the liquor establishment to a civil penalty of $500.00 
per employee and/or the possible suspension of that establishment's 
liquor license until such time as the establishment is in compliance 
with this Ordinance.
    The penalties collected as set out above shall be used solely for 
the purpose of funding the activities of the Blackfeet DUI Task Force, 
with $100.00

[[Page 103871]]

of such penalty going to the Blackfeet Department of Commerce, for 
administration and enforcement of this Ordinance and that both the DUI 
Task Force and the Department of Commerce shall keep a strict 
accounting of the receipt and disbursal of such funds.

Part 5. Licensing Fees

1.0 Retail Sales License and Special License Fees

    (A) Each retail beer, or retail beer and wine license, under the 
provisions of this Ordinance, shall pay an annual license fee as 
follows:
    2. Retail on-premises beer license, Two Hundred Dollars ($200); 
with wine license amendment, an additional Two Hundred Dollars ($200).
    3. For a license to sell beer at retail for off-premises 
consumption only, Two Hundred Dollars ($200); for a wine license 
amendment to sell at retail for off premises consumption only, and 
additional Two Hundred Dollars ($200).
    (B) The fee of special license to sell beer and wine at certain 
gatherings shall be computed at a rate of Thirty-Five Dollars ($35.00) 
a day for 2 or more days, but in no case less than Seventy-Five Dollars 
($75.00).
    (C) The fee for licensees licensed as a Class 1, all-beverage 
retail sellers of alcoholic beverages shall be Five Hundred Dollars 
($500.00).
    (D) The license fee provided for in this Ordinance are exclusive of 
and in addition to other license fees chargeable by the Blackfeet 
Nation for the privilege of carrying on business within the Blackfeet 
Indian Reservation.
    (E) In addition to other license fees, the Tribal Council may 
require a licensee to pay a late fee of thirty percent (30%) of any 
license fee delinquent on July 1st of the renewal year, and sixty 
percent (60%) of any license fee delinquent of August 1st of the 
renewal year, and one hundred percent (100%) of any license fee 
delinquent on September 1st of the renewal year.

Part 6. Violations and Enforcement

1.0 Investigations--Search Warrants--Seizure and Forfeiture of Unlawful 
Alcoholic Beverages and Conveyance Devices

    (A) The Tribal Council may employ or appoint investigators or 
prosecuting officers who, under the Council's discretion, will perform 
such duties as it may require, and who shall be paid such fees and 
expenses as the Council may fix.
    (B) Upon information or oath by any investigator appointed under 
this Ordinance or any Tribal or Bureau of Indian Affairs police officer 
showing reasonable cause to believe that alcoholic beverages are being 
illegally sold or kept for sale or for any unlawful purpose in any 
building or premises, it shall be lawful for the Tribal Court by 
warrant to authorize and empower the police officer or investigator or 
any other person named in the warrant to enter and search the building 
or premises and every part thereof and for that purpose to break open 
any lock, door, or fastening, to break open any closet, cupboard, box 
or other receptacle where alcoholic beverages may be concealed.
    (C) The Tribal Council or any duly authorized representative 
thereof or any Tribal or Bureau of Indian Affairs police officer shall 
have the right at any time to make an examination of the premises of 
any retail licensee as to whether the laws of the Blackfeet nation are 
being complied with.
    (D) Any investigator, duly appointed representative of the 
Blackfeet Tribal Council or any Tribal or Bureau of Indian Affairs 
police officer who finds an alcoholic beverage which he has reasonable 
cause to believe is had or kept by any person in violation of the 
provisions of this Ordinance may forthwith seize and remove the same 
and the packages in which the alcoholic beverage is kept, and upon a 
finding that the alcoholic beverages being kept or sold in violation of 
this Ordinance, the alcoholic beverage and all packages containing the 
same shall, in addition to other penalties prescribed by this 
Ordinance, be forfeited as a matter of law to the Blackfeet Nation.
    Whenever a vehicle or other conveyance device of any kind is used 
to store or transport alcoholic beverages for purposes contrary to the 
provisions of this Ordinance, the vehicle or conveyance device may be 
seized force with. Upon a finding by the Tribal Court that the person 
in possession of the vehicle or conveyance device or person in charge 
of said vehicle or conveyance device was in violation of the provisions 
of this Ordinance, the Court may, in addition to any other possible 
penalties, declare in and by a decree that the vehicle or conveyance 
device, which has been seized, to be forfeited to the Blackfeet Nation.

2.0 When Force May Be Used in Seizure--Hearing Required in Forfeiture 
Cases

    (A) Where alcoholic beverages are found by an investigator or 
Tribal or Bureau of Indian Affairs police officer on any premises or in 
any place in such quantities as to satisfy the investigator or police 
officer that such alcoholic beverage is being had or kept contrary to 
the provisions of this Ordinance, it shall force if necessary and seize 
any alcoholic beverage found, including the packages in which it was 
had or kept, and immediately turn such alcoholic beverage over to the 
Tribal Council.
    (B) In all cases where alcoholic beverages, or alcoholic beverages 
and vehicles and conveyance devices, are seized, the Tribal Council or 
its designated prosecuting officer shall commence an action in the 
Tribal Court against the seized alcoholic beverage, vehicle, or 
conveyance device, and the person or persons actually or apparently in 
possession or control thereof if any such person be presented at the 
time of the seizure. The alcoholic beverage shall be named as a 
defendant to the action.
    (C) The complaint shall show the date and place of seizure, the 
name of the person or persons actually or apparently in or [sic] 
control thereof if any such person be present at the time of the 
seizure, the reason the Tribal Council claims the right to possess the 
alcoholic beverage or conveyance device, or both, and shall demand that 
all persons who claim any right to the possession of the alcoholic 
beverage or conveyance device, or both, shall show the nature of their 
claim or claims and that the Court declare the same to be contraband 
and that the Court order the contraband forfeited to the Blackfeet 
Nation.
    (D) A summons shall be issued, served, or published as in all civil 
actions pursuant to the Tribal Law and Order Code, except that the 
Court summons shall be published in the local newspaper within the 
Blackfeet Indian Reservation.
    (E) In every case in which an alcoholic or a conveyance device is 
seized by an investigator or police officer, it shall be his duty to 
forth with make or cause to be paid to the Tribal Council a report in 
writing of the particulars of the seizure.

3.0 Inspection of Carrier's Records--Unlawful for Carrier To Refuse

    (A) For the purpose of obtaining information concerning any matter 
relating to the administration or enforcement of this Ordinance, the 
Tribal Council or any person appointed by it in writing for the 
purpose, may inspect the freight and express books, and any other 
documents in the possession of any common carrier doing business within 
the exterior boundaries of the Blackfeet Indian Reservation, containing 
any information of record relating to any goods shipped, carried, 
received for shipment, or cosigned for shipment within the Reservation.

[[Page 103872]]

    (B) Every common carrier and every official employee of any such 
company or common carrier who neglects or refuses to produce and 
subject for inspection any book, record, or document requested by the 
Tribal Council or its authorized representative, where that document 
relates to enforcement or administration under this Ordinance, shall be 
deemed in violation of this Ordinance and shall be subject to a fine of 
One Hundred Dollars ($100.00) per day for each day during which the 
violation continues, not to exceed Five Thousand Dollars ($5,000.00).

4.0 Violation of Code Civil Action in Tribal Court--Corrective Action 
Before Judicial Proceedings

    (A) Every action charging a violation of the provisions of this 
Ordinance shall be brought by the Tribal Council or its prosecuting 
officer, in the name of the Blackfeet Tribe, against the licensee or 
other alleged violator in the Blackfeet Tribal Court as a civil action.
    (B) Provided, however, that the Tribal Council may, in the exercise 
of its sound discretion, resolve any alleged violation only when 
alleged to have been committed, by an authorized licensee, at the 
administrative level through the collection of an appropriate fine 
amount, an undertaking of corrective measures by the licensee, or other 
allowed penalty. Should an alleged violator agree to administrative 
resolution of the complaint, he shall not be allowed to seek judicial 
review of the administrative resolution.

Part 7. Prohibitions and Penalties

1.0 Unlawful Transfer, Sale, and Possession of Alcoholic Beverages

    (A) Except when in possession of fully issued Tribal license and as 
otherwise provided by this Ordinance no person shall, within the 
Blackfeet Indian Reservation, by himself or through others, keep for 
sale, or directly or indirectly sell or offer to sell, or to give any 
other person alcoholic beverages.
    (B) This section shall not apply to the county sheriff, Tribal 
police, Bureau of Indian Affairs police, Blackfeet Tribal Council, or 
its authorized representative when in possession of alcoholic beverages 
under judicial process or to sale by said entities and persons when 
under judicial process.

2.0 Penalty for Sale of Alcoholic Beverages Without a License

    Any person who has not been issued a license for the retail sale of 
any alcoholic beverages under this Ordinance who sells or keeps for 
sale any alcoholic beverage has committed a violation, and upon a 
finding thereof is punishable by a civil penalty of not less than Five 
Hundred Dollars ($500.00) nor more than One Thousand Five Hundred 
Dollars ($1,500.00).

3.0 Providing Alcoholic Beverages to Intoxicated Persons Prohibited

    (A) No retail seller of alcoholic beverages licensed pursuant to 
this Ordinance may, either through themselves or an agent, sell any 
alcoholic beverages or permit alcoholic beverages to be sold to any 
person apparently under the influence of alcohol.
    (B) Any retail seller of alcoholic beverages who is licensed 
pursuant to this Ordinance who sells or allows to be sold alcoholic 
beverages to a person obviously intoxicated, is deemed to have violated 
this Ordinance and upon a finding thereof is punishable of a civil 
penalty of up to Five Hundred Dollars ($500.00) for each infraction.
    (C) No person may give alcoholic beverages to a person apparently 
under the influence of alcohol.

4.0 Age Limit on Sale of Alcoholic Beverages, Social Host Law--Penalty 
for Violation

    (A) No person shall sell, give, purchase, or otherwise supply 
alcoholic beverages to any person under the age of twenty-one (21) 
years of age or permit any person under that age to consume an 
alcoholic beverage, including cases of alcohol beverages given to a 
person under twenty-one (21) years of age by his/her parent or 
guardian, and not adult shall knowingly provide a place for underage 
drinkers to consume alcohol, regardless of whether or not that adult 
provides the alcohol.
    (B) The penalty for violation of this Section shall be the same as 
for the offense of Contributing the Delinquency of a Minor, in Chapter 
7, Blackfeet Law and Order Code of 1967, as amended. Chapter 14. 
Section 5.\17\
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    \17\ Resolution No. 214-2011, Amending Ordinance 73, Social Host 
Law and Penalty, May 5, 2011.
---------------------------------------------------------------------------

    (C) Any person who violates this provision may, upon finding 
thereof, be punished through a civil penalty or a fine of not less than 
Two Hundred Fifty Dollars ($250.00) for each violation.
    (D) Provided, however, should the drinking age for the State of 
Montana be changed, the drinking age stated in this Ordinance will 
automatically be changed to reflect the new change.

5.0 Miscellaneous Prohibitions--Penalty

    (A) All licenses to sell at retail alcoholic beverages[sic] 
pursuant to this Ordinance are hereby prohibited from engaging in the 
following activities:
    1. From engaging in pawnbroking or taking goods or materials in 
hock; or
    2. Lending money or engaging in similar activity to indigent 
persons solely for the purpose of enabling them to purchase alcoholic 
beverages in his establishment; or
    3. From allowing the consumption of alcoholic beverages on his 
premises which were purchased for off-premises consumption only; or
    4. From allowing fighting or threatening to fight on his premises 
or from generally failing to keep order in his premises.
    (B) Any licensee found to be in violation of any of the provisions 
of this section shall be deemed to have violated this Ordinance and is 
subject to a civil penalty of not less than Three Hundred Dollars 
($300.00) for each separate violation.

6.0 Firearms Not Allowed on Premises

    (A) There shall be no firearms or other dangerous weapons allowed 
at any time on the premises where alcoholic beverages are being sold at 
retail, with the exception of licensed firearms for the maintenance of 
order, firearms possessed by duly authorized peace officers, and 
firearms maintained by the licensee for protection of himself, his 
agents, and invitees.
    (B) Any person found in possession of other dangerous weapons on a 
premises beverages are being sold at retail shall thereof in court, be 
subject to a civil than Two Hundred Fifty Dollars ($250.00).

7.0 Minors Not Allowed-Eating Establishments Exception

    (A) Minors shall not be allowed in any establishment where 
alcoholic beverages are sold for on-premises consumption, except where 
a restaurant or other prepared food business is operated in conjunction 
therewith.
    (B) Any licensee who is found to have violated this provision shall 
be deemed to have violated this Ordinance and be subject to a civil 
fine of not less than Two Hundred Fifty Dollars ($250.00) for each 
violation.

8.0 Sale of Alcoholic Beverages From Drive-In Windows or Similar 
Devices Prohibited

    (A) It is the public policy of the people of the Blackfeet Nation 
to stop the carnage that is taking place on the highways of the 
Blackfeet Reservation,

[[Page 103873]]

and which is occurring as a result of the high number of drinking 
drivers. It has been statistically proven that drinking drivers account 
for a significant percentage of all highway deaths and accidents. It is 
the public policy of the people of the Blackfeet Nation to prevent 
drinking and driving, not to encourage or facilitate such action.
    (B) It shall be unlawful and a violation of this Ordinance to sell 
or offer to sell alcoholic beverages through drive-up windows or other 
similar devices which would allow the retail purchaser to purchase 
alcoholic beverages while remaining in his vehicle. Drive-up windows 
and other similar devices are hereby declared to be public nuisances 
and thus subject to injunction to prevent uses in violation of this 
Ordinance.
    (C) A licensee found to have violated this provision shall be 
subject to a civil penalty of not less than One Thousand Dollars 
($1,000.00) and not more than Five Thousand Dollars ($5,000.00).

9.0 Penalty for Violating Ordinance-Revocation of License

    (A) If any retail licensee is convicted of a violation under this 
Ordinance, his license shall be immediately revoked or in the 
discretion of the Tribal Council such other sanction may be imposed as 
is authorized by this Ordinance. Any person violating the provisions of 
this Ordinance shall, upon finding thereof, be deemed guilty and be 
subject to such fine or penalty as is provided in this Ordinance.
    (B) A person under the age of twenty-one (21) years \18\ who is 
found to have violated any provision of this Ordinance shall be subject 
to a One Hundred Dollar ($100.00) civil penalty for each offense.
---------------------------------------------------------------------------

    \18\ Resolution No. 214-2011, Amending Ordinance 73, Social Host 
Law and Penalty, May 5, 2011.
---------------------------------------------------------------------------

10.0 Officer or Agent, of Firm or Corporation, and Occupant of Premises 
Deemed Party to Violation

    (A) Where a violation of this Ordinance is committed by a 
corporation or firm, the officer or agent in charge of the premises 
where the violation was committed shall be deemed to be a party to the 
violation and shall be personally liable to [sic] the penalties 
prescribed for the offense as principal offender.
    (B) Upon proof of the fact that a violation of this Ordinance has 
been committed by any person in the employ of the occupant of any house 
or premises, or by any guest of the occupant of any premises where the 
violation was committed, the occupant of the premises shall be 
personally liable for the penalties prescribed for the violation as 
principal offender, notwithstanding the fact that the occupant did not 
commit the violation or authorize its commission.
    (C) Nothing in sections (A) and (B) above will relieve the person 
actually committing the offense for liability, therefore.

11.0 Injunction Actions

    (A) Upon the determination of the Tribal Council, in the exercise 
of its sound discretion, an injunction and immediate temporary 
restraining order may be sought against any retail licensee requesting 
that he be prohibited from further sales of alcoholic beverages and 
that his business as enacted activities be immediately suspended.
    (B) The action may be started by the Tribal Council filing a 
petition in the Tribal Court, verified by affidavit, showing the need 
for immediate measures and showing that the licensee has been notified.
    (C) If the Court finds that the circumstances present a public 
nuisance or that the public health and welfare has been or in 
endangered it shall issue a temporary restraining order and schedule a 
show cause hearing no later than five (5) working days from the date 
the temporary order is issued.
    (D) The temporary restraining order will dissolve of its own force 
and effect on the fifth day if the Tribe fails to go forward on its 
petition on the day set for the hearing.

12.0 Delegation of Authority

    The Blackfeet Tribal Council hereby reserves the right to delegate 
any of the powers and duties stated in this Ordinance to any agency of 
the Blackfeet Tribe. In the event of such a delegation, the Tribal 
Council shall promptly notify all interested persons by proper 
publication of which activities or duties have been delegated and to 
which agency the delegation was made.

13.0 Federal Laws Applicable

    The Federal Indian Liquor Laws remain applicable to any act or 
transaction not authorized by this Ordinance and not otherwise in 
compliance with Federal law, violators may be subject to federal 
prosecution.

Part 8. Regulation of Wholesalers, Brewers, and State Liquor Stores

1.0 Brewers License To Sell Products--License Fee

    (A) It shall be unlawful for any brewer of beer, wherever located, 
to sell his product within the exterior boundaries of the Blackfeet 
Reservation without first obtaining a license and paying the 
appropriate fee as provided by this Ordinance.
    (B) Every brewer who is licensed to do business within the State of 
Montana, may obtain a license to sell his product within the Blackfeet 
Indian Reservation by making application with the Blackfeet Tribal 
Council and submitting a fee of Five Hundred Dollars ($500.00) 
therewith.
    (C) Upon being satisfied that the applicant is duly licensed by the 
State of Montana, and otherwise of good moral character, the Tribal 
Council shall issue such a license to the applicant.

2.0 Wholesale Distribution of Beer and Wine--License Required--Fee

    (A) It shall be unlawful for any person or firm to sell, offer to 
sell, or possess for sale any beer, or wine, or both, for wholesale 
distribution, within the exterior boundaries of the Blackfeet 
Reservation without first obtaining license and paying the appropriate 
fee as required by this Ordinance.
    (B) Any person desiring to possess and sell beer for wholesale or 
wine for wholesale, or both, under the provisions of this Ordinance 
shall apply to the Tribal Council for a license to do so, submitting 
with his application his annual license fee of One Thousand Dollars 
($1,000.00).
    (C) Upon being satisfied that the applicant is a good moral 
character, has sufficient capital and is otherwise a law-abiding 
citizen, the Tribal Council shall issue the license to the applicant.
    (D) If the Tribal Council shall determine that the license should 
not be granted, the applicant shall be promptly notified, and his 
license fee returned.
    (E) This provision does not apply to stores owned or operated by 
the State of Montana as State Liquor Stores.

3.0 State Liquor Store--Limit--Fee

    (A) There shall be one (l) State Liquor Store on the Blackfeet 
Indian Reservation. Said store shall not sell alcoholic beverages on 
the Blackfeet Indian Reservation, whether at wholesale or retail, 
without first obtaining a license pursuant to this Ordinance and paying 
the appropriate fee.
    (B) Upon application by the State of Montana and the tendering of a 
One Thousand Dollars ($1,000.00) license therewith, Tribal Council 
shall issue a license to the State Liquor Store which will enable said 
store to sell alcoholic beverages at wholesale and at retail.

[[Page 103874]]

4.0 Renewal--Suspension--Revocation--Expiration

    Licenses issued to wholesale distributors of alcoholic use, 
brewers, and the State Liquor Store, pursuant to this Part, shall be 
subject to expiration, renewal, revocation, and suspension pursuant to 
the provisions of Part 4, Sections 7, 8 and 9.

5.0 Violators--Enforcement

    The provisions of this Part may be enforced pursuant to the 
provisions of Part 6, Sections 1 through 6 of this Ordinance, including 
those provisions providing for the seizure and forfeiture of contraband 
alcoholic beverages and conveyance devices which are used in violation 
of this Ordinance.

Part 9. Effective Date and Repeal

1.0 Effective Date

    This Ordinance shall be effective upon approval by the Bureau of 
Indian Affairs and publication as required by law.

2.0 Repeal of Prior Ordinances and Resolutions

    This Ordinance No. 73 hereby repeals all prior ordinances and 
resolutions which regulate or purport to regulate the sale and 
distribution of alcoholic beverages within the Blackfeet Indian 
Reservation including Ordinance No. 6A. This Ordinance as amended, is 
controlling.

[FR Doc. 2024-30255 Filed 12-18-24; 8:45 am]
BILLING CODE 4337-15-P