[Federal Register: September 22, 2008 (Volume 73, Number 184)]
[Notices]
[Page 54607-54612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22se08-58]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Sac & Fox Tribe of the Mississippi in Iowa Liquor Control Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Liquor Control Code of the Sac & Fox
Tribe of the Mississippi in Iowa. The Code regulates and controls the
possession, sale, and consumption of liquor within the tribal lands.
The tribal lands are located in Indian Country and this Code allows for
possession and sale of alcoholic beverages within their boundaries.
This Code will increase the ability of the tribal government to control
the tribe's liquor distribution and possession, and at the same time
will provide an important source of revenue for the continued operation
and strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective September 22, 2008.
FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations
Officer, Midwest Regional Office, One Federal Drive, Room 550, Ft.
Snelling, MN 55111, Telephone (612) 725-4554; or Elizabeth Colliflower,
Office of Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB,
Washington, DC 20240; Telephone (202) 513-7627; Fax (202) 501-0679.
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. The Sac & Fox Tribe of the Mississippi
in Iowa, Tribal Council adopted this Liquor Code on June 11, 2008. The
purpose of this Code is to govern the sale, possession and distribution
of alcohol within the Sac & Fox Tribe of the Mississippi in Iowa tribal
land.
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 this Liquor Control Code of the Sac & Fox Tribe
of the Mississippi in Iowa was duly adopted by the Sac & Fox Tribal
Council on June 11, 2008.
Dated: September 11, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
The Sac & Fox Tribe of the Mississippi in Iowa Liquor Control Code
reads as follows:
[[Page 54608]]
SAC & FOX TRIBE OF THE MISSISSIPPI IN IOWA
TITLE 21. LIQUOR CONTROL
ARTICLE I
GENERAL PROVISIONS
CHAPTER 1. GENERALLY
Sec. 21-1101. Authority and Purpose.
The purpose of this Title is to regulate and control the
distribution, possession and sale of liquor within lands subject to the
jurisdiction of the Sac and Fox Tribe of the Mississippi in Iowa. The
authority for enactment of this Title is as follows:
(a) The Act of August 15, 1953, (Pub. L. 83-277, 67 Stat. 586,
codified at 18 U.S.C. Sec. 1161), which provides a federal statutory
basis for the Tribe to regulate the activities of the manufacture,
distribution, sale and consumption of liquor on Indian lands under the
jurisdiction of the Tribe; and
(b) Article X, Section 1 (e), (h), (k), and (n) of the Constitution
and Bylaws of the Sac and Fox Tribe of the Mississippi in Iowa, which
vests the Tribal Council with legislative and administrative authority
to protect and preserve the property and natural resources of the
Tribe; to protect the peace, safety, and general welfare of the Tribe;
to preserve order among members of the Tribe; to impose license fees on
persons coming upon Tribal Lands to do business; and otherwise empowers
the Tribal Council to act for the Tribe. This Title 21 was approved and
adopted by the Tribal Council on June 11, 2008 by Resolution No. 10-
2008.
Sec. 21-1102. Public Policy.
It is the policy of the Tribe to strictly limit the sale of liquor
on Tribal Lands. The Tribal Council has determined that the regulated
sale and consumption of Alcoholic Beverages at the site of the Casino
Property is an appropriate activity that will enhance the revenues of
the Tribe's Casino Enterprise. Accordingly, sales of Alcoholic
Beverages shall be permitted, but shall be geographically limited to
Casino Property and strictly regulated in accordance with this Title
and the Regulations.
Sec. 21-1103. Citation.
This Title shall be cited as the ``Sac and Fox Tribe of the
Mississippi in Iowa Liquor Control Act'' and may also be referred to as
``Title 21.''
Sec. 21-1104. Federal Approval.
This Title, as of the Effective Date, has been approved by the
United States Secretary of the Interior, in accordance with 18 U.S.C.
Section 1161.
Sec. 21-1105. Effective Date.
This Title is effective as of September 22, 2008, the date of
publication in the Federal Register.
Sec. 21-1106. Definitions.
Unless the context requires otherwise, as used in this Title:
(a) ``Alcoholic Beverage'' means any intoxicating liquor, beer, or
any wine as defined under the provisions of this Title.
(b) ``Application'' means a formal written request for the issuance
of a Liquor License, supported by a verified statement of facts, as
described in detail at Section 21-3107 of this Title.
(c) ``Beer'' means any liquid capable of being used for beverage
purposes made by the fermentation of an infusion in potable water of
barley, malt, and hops, with or without unmalted grains or decorticated
and degerminated grains or made by the fermentation of or by
distillation of the fermented products of fruit, fruit extracts, or
other agricultural products, containing more than one-half of one
percent of alcohol by volume but not more than five percent of alcohol
by weight but not including mixed drinks or cocktails mixed on the
premises.
(d) ``Casino Enterprise'' means the Meskwaki Bingo Casino Hotel, a
casino and hotel operation located on Tribal Lands and wholly owned by
the Tribe.
(e) ``Casino Property'' means all real property, including the
buildings, adjacent parking lots and all related infrastructure that
comprise the Casino Enterprise.
(f) ``Code'' means the Code of the Sac and Fox Tribe of the
Mississippi in Iowa, including any amendments thereto.
(g) ``Director'' means the Director of Liquor Control as described
in detail at Section 21-2102 of this Title.
(h) ``Distributor'' means a Person duly licensed by the State and
the Tribe who is entitled to purchase, sell, manufacture, deliver and/
or distribute all forms of Alcoholic Beverages to licensed retail
establishments within the State, including the Casino Enterprise.
(i) ``Intoxicating Liquor'' means any liquid either commonly used,
or reasonably adopted to use for beverage purposes, containing in
excess of three and two-tenths percentum of alcohol by weight. This
shall include any type of wine, regardless of alcohol content.
(j) ``Liquor License'' means a Tribal liquor license issued in
accordance with Chapter 3 of this Title.
(k) ``Person'' means any individual, association, partnership,
corporation, joint venture or other form of business association.
(l) ``Qualified Sponsor'' means the sponsor of a Special Event,
which may be (i) a duly authorized representative of the Casino
Enterprise, (ii) a State licensed distributor, wholesaler or
manufacturer of Alcoholic Beverages; or (iii) other Person possessing
the requisite license and other legal authority to conduct the proposed
activity on Tribal Lands.
(m) ``Regulations'' means all Regulations adopted under this Title
in accordance with Section 21-2103 hereof.
(n) ``Sale'' or ``Sell'' means and includes the exchange, barter,
and traffic and also includes the selling or supplying or distributing
by any means whatsoever of any Intoxicating Liquor or beer.
(o) ``Special Event'' means any social, charitable or for-profit
discreet activity or event (i) licensed hereunder; (ii) conducted on
Casino Property by a Qualified Sponsor; and (iii) overseen by Casino
Enterprise management, at which Alcoholic Beverages are sold by a
vendor, wholesaler or distributor licensed by the State and/or the
Tribe, as applicable.
(p) ``State'' means the State of Iowa.
(q) ``Tribal Constitution'' means the Constitution and Bylaws of
the Sac and Fox Tribe of the Mississippi in Iowa, approved by the
Secretary of the Interior on October 15, 1937, and any amendments
thereto.
(r) ``Tribal Council'' means the duly elected governing body of the
Tribe.
(s) ``Tribal Lands'' means all land owned by the Tribe over which
the Tribe exercises jurisdiction, whether held in trust for the Tribe
by the United States of America for the benefit of the Tribe, owned in
fee simple by the Tribe, or otherwise.
(t) ``Tribe'' means the Sac and Fox Tribe of the Mississippi in
Iowa.
(u) ``Wholesaler'' means any person, other than a vintner, brewer
or bottler of beer or wine, who shall sell, barter, exchange, offer for
sale, have in possession with intent to sell, deal or traffic in
alcoholic liquor, wine, or beer. A wholesaler shall not sell for
consumption upon Tribal Lands.
(v) ``Wine'' means any beverage containing more than five percent
of alcohol by weight but not more than seventeen percent of alcohol by
weight or twenty-one and twenty-five hundredths percent of alcohol by
volume obtained by the fermentation of the natural sugar contents of
fruits or other agricultural products but excluding any product
containing alcohol derived from malt or by the distillation process
from grain, cereal, molasses, or cactus.
[[Page 54609]]
Sec. 21-1107. Construction.
This Title shall be interpreted and applied in a manner consistent
with all other laws, ordinances, resolutions, and regulations of the
Tribe.
Sec. 21-1108. Severability.
If a court of competent jurisdiction finds any provision of this
Title to be invalid or illegal under applicable Federal or Tribal law,
such provision shall be severed from this Title and the remainder of
this Title shall remain in full force and effect.
Sec. 21-1109. Headings.
Headings contained herein shall not be deemed to govern, limit,
modify, or in any manner affect the scope, meaning, or intent of the
provisions of any portion of this Title.
Sec. 21-1110. Amendments.
This Title may be amended only upon an affirmative vote of a
majority of the Tribal Council, the approval of the Secretary, and the
publication of the approved amendment in the Federal Register.
CHAPTER 2. REGULATION OF INTOXICATING LIQUOR.
Sec. 21-2101. General Prohibition
It shall be unlawful to manufacture for sale, sell, offer, or keep
for sale, possess or transport all forms of Intoxicating Liquor or beer
except upon the terms, conditions, limitations, and restrictions
specified in this Title and the Regulations.
Sec. 21-2102. Director Appointment and Authority.
The Tribal Council shall appoint a Director of Liquor Control who
shall have the following duties and authority:
(a) To publish and enforce this Title and the rules and Regulations
governing the sale, manufacture, and distribution of Intoxicating
Liquor and beer on Tribal Lands;
(b) To employ or procure the services of managers, accountants,
security personnel, inspectors, and such other persons as shall be
reasonably necessary to allow the Director and/or the Tribal Council to
perform their respective functions under this Title;
(c) To issue Liquor Licenses, with the approval of the Tribal
Council, permitting the sale or distribution of liquor on Tribal Lands;
(d) To convene and facilitate Tribal Council hearings on violations
of this Title for the issuance or revocation of licenses hereunder;
(e) To bring suit in the appropriate court to enforce this Title as
necessary;
(f) To determine and seek damages for violation of this Title;
(g) To make such reports as may be required;
(h) To compile information and conduct background investigations to
determine the suitability of an applicant for a Liquor License;
(i) To collect fees levied or set in accordance with this Title,
and to keep accurate records, books and accounts;
(j) To develop forms for applications, licenses and other matters
covered by this Title;
(k) To take or facilitate all action necessary to follow or
implement applicable provisions of State law, as required;
(l) To coordinate with other departments and agencies of the Tribe
to ensure the effective enforcement of this Title and the Regulations;
and
(m) To exercise such other powers as are necessary and appropriate
to fulfill the purposes of this Title.
Sec. 21-2103. Promulgation of Regulations.
The Director is hereby authorized to make rules and Regulations not
inconsistent with this Title to the end that this Title shall be
applied and administered uniformly throughout Tribal Lands. All such
proposed Regulations shall be first submitted to the Tribal Council for
consideration, possible revision and final approval. Following approval
by the Tribal Council, copies of all Regulations shall be made
available to all persons subject to this Title.
Sec. 21-2104. Director as Employee of Tribe.
The Director and other individuals employed under the Director's
supervision shall be employees of the Tribe. The Director may be
removed for cause at any time by vote of the Tribal Council.
Sec. 21-2105. Interim Appointment.
As of the Effective Date, the Tribal Council designates the Tribe's
Executive Director to serve as the Director of Liquor Control until
such time as a permanent appointment is made in accordance with this
Title.
Sec. 21-2106. Inspection Rights.
The premises on which Intoxicating Liquor and beer is sold or
distributed shall be open for inspection by the Director or his
designee at all reasonable times for the purpose of ascertaining
whether this Title and the rules and Regulations promulgated hereunder
are being strictly followed.
Sec. 21-2107. Tribal Control of Importation and Sale of Intoxicating
Liquor.
The Tribal Council shall have the sole and exclusive right to
control and restrict the importation of all forms of Intoxicating
Liquor and beer, except as otherwise provided in this Title and no
person or organization shall so import any such Intoxicating Liquor or
beer into the Tribal Lands, unless authorized by a Liquor License
issued under this Title. No licensed distributor, wholesaler or
distillery shall sell any form of Intoxicating Liquor or beer within
the Tribal Lands to any person or organization unless licensed
hereunder and except as otherwise provided in this Title. It is the
intent of this Section to retain in the Tribal Council exclusive
control within Tribal Lands as the sole authorizer and controller of
all forms of Intoxicating Liquor and beer sold by retailers,
distributors, wholesalers or vendors within the Tribal Lands or
imported therein, and except as otherwise provided in this Title. The
powers of the Director under this Title are by express delegation of
the Tribal Council.
Sec. 21-2108. Limitation on Powers.
In the exercise of their respective powers and duties under this
Title, the Director, the Tribal Council, and their individual members,
representatives and employees, shall not accept any gratuity,
compensation or other thing of value from any liquor wholesaler,
retailer, or distributor or from any licensee or applicant under this
Title.
Sec. 21-2109. Possession of Liquor Contrary to this Title.
All forms of Intoxicating Liquor and beer which are possessed
contrary to the terms of this Title are declared to be contraband. Any
Tribal agent, employee, or officer who is authorized by this Title and
the Regulations to enforce this Section shall have the authority to and
shall seize all contraband.
Sec. 21-2110. Disposition of Seized Contraband.
Any officer, employee or agent of the Tribe seizing contraband
shall preserve the contraband in accordance with applicable law. Upon
being found in violation of this Title, the party shall forfeit all
right, title and interest in the items seized which shall become the
property of the Tribe.
[[Page 54610]]
CHAPTER 3. LIQUOR LICENSES.
Sec. 21-3101. Power to License and Tax.
The power to establish licenses and levy taxes under the provisions
of this Title is vested exclusively with the Tribal Council. The Tribal
Council has delegated certain authority and responsibilities to the
Director of Liquor Control and to the Tax Director, each in accordance
with the express provisions in this Title and Title 17 (Taxation). The
Tribal Council retains primary responsibility for implementation,
oversight and enforcement of this Title.
Sec. 21-3102. Types of Licenses
There is hereby authorized three categories of Liquor Licenses, as
follows:
Class I--Retail,
Class II--Special Event, and
Class III--Distributor.
Sec. 21-3103. Class I--Retail License Description.
Only one Class I Retail License shall be permitted under this
Title. Such license shall be approved subject to the Director's
determination, with the concurrence of the Tribal Council, that all of
the conditions set forth at Section 21-3108 have been fully satisfied.
Upon recommendation of the Director, the Tribal Council may, on or
following the Effective date, issue a Class I--Retail License to the
business operation of the Tribe known as the ``Meskwaki Bingo Casino
Hotel.'' The Class I--Retail License shall entitle the Casino
Enterprise to sell at retail in restaurants, bars, and other areas
designated by Regulation, any Alcoholic Beverages permitted hereunder.
All such sales shall be strictly limited to the physical area defined
herein as the Casino Property. All purchases, deliveries and retail
sales of Alcoholic Beverages on the Casino Property shall be in strict
compliance with this Title, the terms of the Liquor License and the
Regulations promulgated hereunder.
Sec. 21-3104. Class II--Special Event License Description.
Upon (i) request of the General Manager of the Casino Enterprise or
his designee, and (ii) recommendation of the Director, a Class II--
Special Event License may be issued by the Tribal Council to the
Qualified Sponsor of a Special Event. The duration of such license
shall be established at the time of issuance; provided, however, the
duration shall not be longer than fourteen (14) days. The license shall
entitle the Qualified Sponsor to sell at retail the type(s) of
Alcoholic Beverages specified in the license. All Alcoholic Beverage
sales approved under the terms of the Class II--Special Event License
shall comply in all respects with this Title and the Regulations
promulgated hereunder.
Sec. 21-3105. Class III--Distributor License Description.
A Class III--Distributor License may be issued to an applicant who
(i) is licensed by the State to purchase all forms of Intoxicating
Liquor and beer at wholesale and to distribute to retail outlets in the
State, and (ii) who meets the criteria under this Title and the
Regulations to sell Intoxicating Liquor and beer to the Casino
Enterprise.
Sec. 21-3106. Term of Licenses.
The terms of the various Liquor Licenses are as follows:
Class I--Retail: two years;
Class II--Special Events: one to fourteen days; and
Class III--Distributor: two years.
Sec. 21-3107. Procedure for Obtaining Licenses.
(a) The Class I--Retail License authorized hereunder shall be
issued to the Casino Enterprise subject to a recommendation by the
Director and a determination by the Tribal Council's that the Casino
Enterprise has satisfied the criteria described in Section Sec. 21-3108
of this Title.
(b) A Class II--Special Event License may be issued upon
recommendation of the Director to an applicant who meets the definition
of a Qualified Sponsor. The process for application shall be
established by Regulation and shall include proof that the applicant
holds all necessary State licenses.
(c) A Class III--Distributor License may be issued upon
recommendation of the Director to an applicant who meets the criteria
for a Distributor. The process for application shall be established by
Regulation and shall include proof that the Applicant holds all
necessary State licenses.
(d) In the event dual Tribal and State licenses are required by
State law, no Person shall be allowed or permitted to sell, distribute
or provide Intoxicating Liquor or beer on Tribal Lands unless such
person is also licensed by the State, as required, to sell or provide
such Intoxicating Liquor and beer.
Sec. 21-3108. Conditions to Issuance of Class I--Retail License.
In addition to requirements established by Regulation and other
provisions of this Title, Tribal Council may, upon recommendation of
the Director, issue the Class I--Retail License to the Casino
Enterprise only after the Tribal Council has determined to its
satisfaction that the Casino Enterprise has adopted and is prepared to
implement the following procedures and requirements, as necessary to
ensure compliance with this Title and the Regulations:
(a) Security and surveillance procedures ensuring the proper use
and handling of all forms of Alcoholic Beverages;
(b) Appropriate revenue and accounting procedures pertaining to the
purchase and sale of Alcoholic Beverages;
(c) Inventory control procedures and adequate storage, dispensing,
service, management, pricing and security measures relating to the
purchase and sale of Alcoholic Beverages;
(d) Identification procedures to ensure that no person under the
age of twenty-one will be served any form of Alcoholic Beverage;
(e) Procedures ensuring that all aspects of Alcoholic Beverage
management, purchase and sale comply with Tribal and any applicable
State laws;
(f) Casino personnel have received appropriate training relating to
compliance with this Title and the Regulations, service of Alcoholic
Beverages, safety, health, revenue management and patron management
issues;
(g) The Gaming Commission has reviewed the procedures for Alcoholic
Beverage sales and has determined that such sales are not in violation
of any provision of the Tribal-State Compact, the Gaming Code, the
Gaming Regulations or other applicable law relating to gaming; and
(h) Such other requirements as the Director and the Tribal Council
shall impose by Regulation.
Sec. 21-3109. Content of Liquor License Application.
(a) No Class II or Class III Liquor License shall issue under this
Title except upon a sworn Application filed with the Director
containing a full and complete showing of the following:
(1) Satisfactory proof that the applicant is licensed by the State
to sell, distribute, manufacture or transport, as applicable,
Intoxicating Liquor and/or beer.
(2) Agreement by the applicant to accept and abide by Tribal law
and all conditions of the Tribal license.
(3) Payment of a license fee as prescribed by the Director.
(4) Satisfactory proof that the applicant has not been convicted of
a
[[Page 54611]]
felony or had his/her/its State license revoked or suspended.
(5) Satisfactory proof that notice of the Application has been
posted in a prominent, noticeable place on the premises where
intoxicating beverages are to be sold for at least 30 days prior to
consideration by the Tribal Council and has been published at least
once in the Tribal newspaper. The notice shall state the date, time,
and place when the application shall be considered by the Tribal
Council pursuant to Sec. 21-3110 of this Title.
(b) Any holder of a Tribal Liquor License shall be required to
comply, as a condition of retaining such license, with all applicable
Tribal laws and regulations.
Sec. 21-3110. Hearing on Application for Tribal Liquor License.
(a) All applications for a Tribal Liquor License shall, upon
recommendation of the Director, be considered by the Tribal Council in
open session at which the applicant, his/her attorney, and any person
protesting the application shall have the right to be present, and to
offer sworn oral or documentary evidence relevant to the Application.
After the hearing, the Tribal Council, by vote and Resolution, shall
determine whether to grant or deny the application based on:
(1) Whether the requirements of this Title and the Regulations have
been met; and
(2) Whether the Director, with the approval of the Tribal Council,
in its discretion, determines that granting the license is in the best
interest of the Tribe.
(c) In the event the applicant for the Class II--Special Event
License is a duly authorized representative of the Casino Enterprise,
the requirements of this Section may be modified upon a showing by the
applicant that all safety, health, security, inventory control,
management and other matters pertaining to the Special Event conform in
all respects with this Title and the Regulations.
Sec. 21-3111. License Fees.
The fee schedule for Liquor Licenses shall be established by the
Director with the approval of the Tribal Council.
Sec. 21-3112. License not a Property Right.
Notwithstanding any other provision of this Title, a Tribal Liquor
License is a mere permit for a fixed duration of time. A Tribal Liquor
License shall not be deemed a property right or vested right of any
kind, nor shall the granting of a Tribal Liquor License give rise to a
presumption of legal entitlement to a license in a subsequent time
period.
Sec. 21-3113. No Transfer or Assignment.
No Tribal Liquor License issued under this Title may be assigned or
transferred without the prior written approval of the Tribal Council,
as expressed by formal Resolution.
Sec. 21-3114. Revocation of License.
Upon recommendation of the Director, the Tribal Council may revoke
a Liquor License for reasonable cause upon notice and hearing at which
the licensee shall be given an opportunity to respond to any charges
against it and to demonstrate why the Liquor License should not be
suspended or revoked.
CHAPTER 4. REGULATION OF LIQUOR SALES AND DISTRIBUTION.
Sec. 21-4101. Retail Sales Limited to Tribal Casino Enterprise.
The retail sale of Intoxicating Liquor on Tribal Lands shall be
prohibited except for (i) retail sales that comply with this Title, and
(ii) retail sales that occur within the Casino Property.
Sec. 21-4102. Importation and Delivery of Liquor.
No Intoxicating Liquor or beer may be imported for resale or
otherwise distributed on Tribal Lands except in conformance with this
Title.
Sec. 21-4103. Additional Prohibitions.
(a) A person shall not sell or dispense any Alcoholic Beverage on
the premises covered by the Tribal Liquor License except in conformance
with the days and hours established by the State during which Alcoholic
Beverages may be sold at retail for consumption on the premises.
(b) Any person who shall sell or offer for sale or distribute or
transport in any manner, any liquor in violation of this ordinance, or
who shall operate a motor vehicle or shall have any Alcoholic Beverage
in his/her possession with intent to sell or distribute without a
license, shall be guilty of a violation of this Title.
(c) Any person who sells any form of Intoxicating Liquor or beer to
a person apparently under the influence of liquor shall be guilty of a
violation of this Title.
Sec. 21-4104. Use and Consumption.
All Alcoholic Beverage sales shall be for the personal use and
consumption of the purchaser. Resale of any Alcoholic Beverage
purchased within Tribal Lands is prohibited. Any person who is not
licensed pursuant to this Title who purchases an Alcoholic Beverage
within Tribal Lands and sells it, whether in the original container or
not, shall be guilty of a violation of this Title and shall be subject
to criminal and/or civil penalties under this Title, the Law and Order
Code, and the Regulations.
Sec. 21-4105. Cash Sales Only.
All sales of Alcoholic Beverages within Tribal Lands shall be on a
cash only basis and no credit shall be extended to any person,
organization, or entity, except that this provision does not prevent
the use of major credit cards.
Sec. 21-4106. Tribal Sales Tax.
a) The Tribal Tax Director shall have jurisdiction over all matters
pertaining to a sales tax on Alcoholic Beverages sold on Tribal Lands.
The amount of such tax shall be determined by the Tribal Tax Director
with the approval of the Tribal Council, all in accordance with Title
17 (Taxation) of the Code.
b) The Tribal Treasurer shall establish a tax revenue account for
the Tribe. The money received by the Tax Department from the taxes
imposed by this Title shall be credited by the Treasurer to the tax
revenue account of the Tribe to be used in the provision of tribal
governmental services, including, but not limited to health, education,
safety and welfare.
CHAPTER 5. AGE AND OTHER RESTRICTIONS.
Sec. 21-5101. Sales to Persons Under 21.
It shall be unlawful to sell or give any Alcoholic Beverage to any
person under the age of twenty-one (21) years. Any Person who violates
this section shall be guilty of a Class 4 Offense as described at Sec.
13-51107 of the Law and Order Code of the Tribe. Violations of this
Section by persons or entities which are not subject to the criminal
jurisdiction of the Tribe may, following notice and a hearing, be
subject to a civil penalty in accordance with the Regulations
promulgated hereunder. The levy of a civil penalty by the Director
under this Section is in addition to the power to suspend or revoke any
Liquor License and to report such violation to the appropriate State
authorities.
Sec. 21-5102. Purchase, Possession by Minor.
It shall be unlawful for any person under the age of twenty-one
(21) years to purchase, attempt to purchase or possess or consume any
form of Alcoholic Beverage, or to misrepresent his age for the purpose
of purchasing or attempting to purchase such Alcoholic Beverage. Any
person who violates any
[[Page 54612]]
of the provisions of this section shall be guilty of a Class 5 offense
as described at Section 13-51113 of the Law and Order Code of the
Tribe. Violations of this Section by persons or entities which are not
subject to the criminal jurisdiction of the Tribe may, following notice
and a hearing, be subject to a civil penalty in accordance with the
Regulations promulgated hereunder. The levy of a civil penalty by the
Director under this Section is in addition to the power to suspend or
revoke any license and to report such violation to the appropriate
State authorities.
Sec. 21-5103. Evidence of Legal Age Demanded.
Upon attempt to purchase any Alcoholic Beverage at a site licensed
under this Title by any person who appears to the seller to be under
legal age, such seller shall demand, and the prospective purchaser upon
such demand, shall present satisfactory evidence that he or she is of
legal age. Any person under legal age who presents to any seller
falsified evidence as to his or her age shall be guilty of a Class 5
Offense under Sec. 13-51113 of the Law and Order Code of the Tribe.
CHAPTER 6. JURISDICTION, PENALTIES AND ENFORCEMENT.
Sec. 21-6101. Jurisdiction
All licensees and others who voluntarily enter onto Tribal Lands
and transact business or otherwise engage in activity governed by this
Title voluntarily submit to the jurisdiction of the Tribe and the
personal jurisdiction of the Tribal Court System for purposes of
enforcement of this Title and the Regulations.
Sec. 21-6102. Civil Penalties.
The Director shall recommend to the Tribal Council a schedule of
civil penalties and administrative fines as he/she deems necessary for
the effective enforcement of this Title. Such schedule shall be
considered and adopted by the Tribal Council in the form of a
Regulation in accordance with Section 21-2103 of this Title. The
imposition of any civil penalty or administrative fine shall not limit
the ability of the Tribal Council, upon recommendation of the Director,
to suspend or revoke any license issued hereunder for the violation of
any of the provisions of this Title or the Regulations. The Director
shall also propose regulations relating to the process for
administrative hearings before the Tribal Council. [All final
administrative orders may be appealed to the Tribal Court.]
Sec. 21-6103. Criminal Violations.
All criminal violations hereunder shall be prosecuted in accordance
with laws of the Tribe, and applicable federal law. In the event a
criminal act is committed by a person over whom the Tribe does not
exercise criminal jurisdiction, then the matter may be referred to
appropriate State authorities for prosecution under State law.
CHAPTER 7. USE OF PROCEEDS AND INTERPRETATION.
Sec. 21-7101. Application of Proceeds.
The gross proceeds collected by the Director from all licensing
activities under this Title and from fines imposed as a result of
violations of this Title, shall be applied as follows:
a) First, for the payment of all necessary personnel,
administrative costs, and legal fees incurred in the enforcement of
this Title; and
b) Second, the remainder shall be deposited in the operating fund
of the Tribe and expended by the Tribal Council for governmental
services and programs on Tribal Lands.
Sec. 21-7102. Consistency With State Law.
All provisions and transactions under this Title shall be in
conformity with State law regarding alcohol to the extent required by
18 U.S.C. Section 1161 and with all federal laws regarding alcohol in
Indian Country, as defined at 18 U.S.C. Section 1151.
Sec. 21-7103. No Impact on Tribal Sovereignty.
Nothing in this Title shall be applied or interpreted to in any
manner limit the immunity of the Tribe from uncontested suit or to
otherwise limit the sovereign status of the Tribe.
Sec. 21-7104. Prior Enactments Repealed.
All prior Tribal enactments, laws, ordinances, resolutions or
provisions thereof that are repugnant or inconsistent to any provision
of this Title are hereby repealed.
[FR Doc. E8-22019 Filed 9-19-08; 8:45 am]
BILLING CODE 4310-4J-P
