[Federal Register: March 27, 2009 (Volume 74, Number 58)]
[Notices]
[Page 13456-13462]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr09-80]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Fort Sill Apache Tribe Alcohol Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes Fort Sill Apache Tribe Alcohol Control
Ordinance. The Ordinance regulates and controls the possession, sale,
and consumption of liquor within the tribal lands. The tribal lands are
located in Indian country and this Ordinance allows for possession and
sale of alcoholic beverages within their boundaries. This Ordinance
will increase the ability of the tribal government to control the
community'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 on March 27, 2009.
FOR FURTHER INFORMATION CONTACT: Suzanne Chaney, Tribal Government
Services Officer, Southern Plains Regional Office, WCD Office Complex,
PO Box 368, Anadarko, OK 73005, Telephone: (405) 247-1537, Fax (405)
247-9240; or Elizabeth Colliflower, Office of Indian Services, 1849 C
Street NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202)
513-7627.
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 Fort Sill Apache Tribe of Oklahoma
Tribal Business Committee adopted its Alcohol Control Ordinance by
Resolution No. FSABC-2008-2-A on August 21, 2007. This liquor control
ordinance amends the first alcohol control ordinance published in the
Federal Register for the Tribe. The purpose of this Ordinance is to
govern the sale, possession, and distribution of alcohol within tribal
lands of the Tribe.
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 Alcohol Control Ordinance of the Fort Sill
Apache Tribe of Oklahoma was duly adopted by the Business Committee on
August 21, 2007.
Dated: March 17, 2009.
George Skibine,
Deputy Assistant Secretary, for Policy and Economic Development.
The Fort Sill Apache Tribe Alcohol Control Ordinance reads as
follows:
[[Page 13457]]
Article I--Introduction
Section 3-8-010. Title
This Ordinance shall be known as the ``Fort Sill Apache Tribe
Alcohol Control Ordinance.''
Section 3-8-120. Authority
This Ordinance is enacted pursuant to the Act of August 15, 1953.
Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161 and Article IV, Sec. 2,
of the Constitution and By-Laws of the Fort Sill Apache Tribe of
Oklahoma.
Section 3-8-130. Purpose
The purpose of this Ordinance is to regulate and control the
manufacture, distribution, possession, and sale of Alcohol on Tribal
lands of the Fort Sill Apache Tribe of Oklahoma. The enactment of this
Ordinance will enhance the ability of the Tribal government to control
all such alcohol-related activities within the jurisdiction of the
Tribe and will provide an important source of revenue for the continued
operation and strengthening of the Tribal government and the delivery
of Tribal government services.
Section 3-8-140. Application of Federal Law.
Federal law forbids the introduction, possession and sale of liquor
in Indian Country (18 U.S.C. 1154 and other statutes), except when in
conformity both with the laws of the State and the Tribe (18 U.S.C.
1161). As such, compliance with this ordinance shall be in addition to,
and not a substitute for, compliance with the laws of the States of
Oklahoma, Arizona, or New Mexico.
Section 3-8-150. Administration of Ordinance
The General Council, under its powers vested under the Constitution
and Bylaws and this Ordinance, delegates to the Fort Sill Apache Tribe
Tax Commission the authority to exercise all of the powers and
accomplish all of the purposes as set forth in this Ordinance, which
may include the following actions:
A. Adopt and enforce rules and regulations for the purpose of
effectuating this Ordinance, which includes the setting of fees;
B. Execute all necessary documents; and
C. Perform all matters and things incidental to and necessary to
conduct its business and carry out its duties and functions under this
Ordinance.
Section 3-8-160. Sovereign Immunity Preserved
A. The Tribe is immune from suit in any jurisdiction except to the
extent that the General Council of the Fort Sill Apache Tribe expressly
and unequivocally waives such immunity in writing.
B. Nothing in this Ordinance shall be construed as waiving the
sovereign immunity of the Tribe.
Section 3-8-170. Applicability
This Ordinance shall apply to all Tribal enterprises located within
Tribal lands consistent with applicable federal Indian liquor laws.
Section 3-8-180. Computation of Time
Unless otherwise provided in this Ordinance, in computing any
period of time prescribed or allowed by this Code, the day of the act,
event, or default from which the designated period time begins to run
shall not be included. The last day of the period so computed shall be
included, unless it is a Saturday, a Sunday, or a legal holiday. For
the purposes of this Ordinance, the term ``legal holiday'' shall mean
all legal holidays under Tribal or Federal law. All papers mailed shall
be deemed served at the time of mailing.
Section 3-8-190. Liberal Construction
Provisions of this Ordinance shall be liberally construed to
achieve the purposes set forth, whether clearly stated or apparent from
the context of the language used herein.
Section 3-8-200. Applicable Taxes
The Tax Commission shall enforce all applicable and lawful taxes
imposed on the sale of Alcohol Beverages. The failure of any licensee
to pay applicable taxes on the sale of alcohol may subject the licensee
to, among other things, the revocation of said license.
Article II--Declaration of Public Policy
Section 3-8-210. Matter of Special Interest
The manufacture, distribution, possession, sale, and consumption of
Alcohol Beverages within the jurisdiction of the Fort Sill Apache Tribe
of Oklahoma are matters of significant concern and special interest to
the Tribe. The General Council hereby declares that the policy of the
Tribe is to eliminate the problems associated with unlicensed,
unregulated, and unlawful importation, distribution, manufacture, and
sale of Alcohol Beverages for commercial purposes and to promote
temperance in the use and consumption of Alcohol Beverages by
increasing Tribal control over such activities on Tribal land.
Section 3-8-220. Federal Law
The introduction of Alcohol within the jurisdiction of the Tribe is
currently prohibited by federal law (18 U.S.C. 1154), except as
provided for therein, and the Tribe is expressly delegated the right to
determine when and under what conditions Alcohol Beverages shall be
permitted thereon (18 U.S.C. 1161).
Section 3-8-230. Need for Regulation
The Tribe finds that the Federal prohibition upon manufacture,
distribution, possession, sale, and consumption of Alcohol Beverages
has proven ineffective and that the problems associated with same
should be addressed by the laws of the Tribe, with all such business
activities related thereto subject to the taxing and regulatory
authority of the Fort Sill Apache Tribe Tax Commission.
Section 3-8-240. Locations
The Tribe finds that the manufacture, distribution, possession,
sale, and consumption of Alcohol Beverages shall be licensed under this
Ordinance only where such activity will be conducted within or upon
Tribal land.
Section 3-8-250. Definitions
As used in this Ordinance, the following words shall have the
following meanings unless the context clearly requires otherwise:
A. ``Alcohol'' means the product of distillation of fermented
liquid, whether or not rectified or diluted with water, but does not
mean ethyl or industrial alcohol, diluted or not, that has been
denatured or otherwise rendered unfit for beverage purposes.
B. ``Alcohol Beverage'' when used in this Ordinance means, and
shall include liquor, beer, or spirits of wine, by whatever name they
may be called, and from whatever source and by whatever process they
may be produced, and which contain a sufficient percent of alcohol by
volume which, by law, makes said beverage subject to regulation as an
intoxicating beverage under the laws of the state where the beverage is
sold.
C. ``Applicant'' means any person who submits an application to the
Tax Commission for an Alcohol Beverage license and who has not yet
received such a license.
D. ``Business Committee'' means the duly elected Business Committee
of the Fort Sill Apache Tribe of Oklahoma.
E. ``Constitution'' means the Constitution and By-Laws of the Fort
Sill Apache Tribe of Oklahoma.
F. ``General Council'' means the General council of the Fort Sill
Apache Tribe, which is the supreme governing
[[Page 13458]]
body of the Fort Sill Apache Tribe, which is composed of the voting
membership of the Tribe.
G. ``License'' means an Alcohol Beverage license issued by the Fort
Sill Apache Tribe Tax Commission authorizing the importation,
manufacture, distribution, or sale of Alcohol Beverages for commercial
purposes under the provisions of this Ordinance.
H. ``Licensee'' means a Tribal enterprise that holds an Alcohol
Beverage license issued by the Tax Commission and includes any employee
or agent of the Licensee.
I. ``Liquor store'' means any store or establishment at which
liquor is sold and shall include any and all businesses engaged in the
sale of Alcohol Beverages, whether sold as packaged or by the drink.
J. ``Manufacturer'' means any person engaged in the manufacture of
Alcohol Beverage.
K. ``Ordinance'' means the Fort Sill Apache Tribe of Oklahoma
Alcohol Beverage Control Ordinance, as hereafter amended.
L. ``Package'' means the sale of an Alcohol Beverage by delivery of
same by a seller to a purchaser in any container, bag, or receptacle
for consumption beyond the premises or the location designated on the
license.
M. ``Public place'' means and shall include Tribal, County, State,
or Federal highways, roads, and rights-of-way; buildings and grounds
used for school purposes; public dance halls and grounds adjacent
thereto; public restaurants, buildings, meeting halls, hotels,
theaters, retail stores, and business establishments generally open to
the public and to which the public is allowed to have unrestricted
access; and all other places to which the general public has
unrestricted right of access and that are generally used by the public.
For the purpose of this Ordinance, ``public place'' shall also include
any privately owned business property or establishment that is designed
for or may be regularly used by more persons other than the owner of
the same but shall not include the private, family residence of any
person.
N. ``Sale'' and ``Sell'' mean the exchange, barter, traffic,
furnishing, or giving away for commercial purpose an Alcohol Beverage
by any and all means, by whatever name commonly used to describe the
same, by any person to another.
O. ``Tax Commission'' means the Fort Sill Apache Tribe Tax
Commission.
P. ``Tribal Court'' means the Federal Court of Indian Offenses or
Tribal Courts if established by the Tribe.
Q. ``Tribal land(s)'' shall mean and reference the geographic area
that includes all land included within the definition of ``Indian
country'' as established and described by federal law and that is under
the jurisdiction of the Fort Sill Apache Tribe of Oklahoma, including
all tribally owned trust lands located within same as are now in
existence or may hereafter be added to.
R. ``Tribal law'' means the Tribal Constitution and all laws,
Ordinances, codes, resolutions, and regulations now and hereafter duly
enacted by the Tribe.
S. ``Tribe'' shall mean the Fort Sill Apache Tribe of Oklahoma.
Article III--Sales of Alcoholic Beverages
Section 3-8-260. Prohibition of the Unlicensed Sale of Alcohol
Beverages
This Ordinance prohibits the importation, manufacture,
distribution, or sale of Alcohol Beverages for commercial purposes,
other than where conducted by a lawfully issued license in accordance
with this Ordinance. The Federal liquor laws are intended to remain
applicable to any act or transaction that is not authorized by this
Ordinance, and violators shall be subject to Federal law and/or Tribal
law.
Section 3-8-280. License Required
Any and all sales of Alcohol Beverages conducted upon Tribal land
shall be permitted only where the seller holds a current Alcohol
Beverage license duly issued by the Fort Sill Apache Tribe Tax
Commission. A licensee has the right to engage only in those Alcohol
Beverage transactions expressly authorized by such license in
accordance with this Ordinance.
Section 3-8-290. Sales for Cash
All sales of Alcohol Beverages conducted shall be conducted on a
cash-only basis, and no credit for said purchase and consumption of
same shall be extended to any person, organization, or entity except
that this provision does not prohibit the payment of same by use of
credit cards acceptable to the seller (including but not limited to
VISA, MasterCard, or American Express). Provided however that a
Licensee shall have the right to provide complimentary alcoholic
beverages to patrons of its gaming facilities.
Section 3-8-300. Personal Consumption
All sales shall be for the personal use and consumption of the
purchaser or his/her guest(s). The resale of any Alcohol Beverage
purchased within or upon Tribal lands by an unlicensed seller is
prohibited.
Section 3-8-310. Consumption of Liquor
No Tribal operator shall permit any person to open or consume
liquor on his or her premises or any premises adjacent thereto and in
his or her control. The Commission will allow the consumption of liquor
and shall identify where liquor may be consumed on Tribal Trust lands.
Article IV--Licensing
Section 3-8-320. Eligibility
Only applicants operating upon Tribal lands shall be eligible to
receive a license for the sale of any Alcohol Beverage under this
ordinance.
Section 3-8-330. Application Process
The Tax Commission may cause a license to be issued to any
applicant as is deemed appropriate and not contrary to the best
interests of the Tribe and its Tribal members. Any applicant that
desires to be licensed to sell Alcohol Beverages and that meets the
eligibility requirements pursuant to this ordinance must apply to the
Tax Commission of the Fort Sill Apache Tribe for a license to sell or
to serve Alcohol Beverages. Any such person as may be empowered to make
such application shall fully and accurately complete an application
provided by the Tax Commission, and shall pay such application fee as
may be required by the Tax Commission.
Section 3-8-340. Classes of Licenses
The Tax Commission shall have the authority to issue the following
classes of Alcohol Beverage licenses:
A. ``Retail on-sale general license'' means a license authorizing
the licensee to sell Alcohol Beverages at retail to be consumed by the
buyer only on the premises or at the location designated in the
license. This class includes, but is not limited to, hotels where
alcohol beverages may be sold for consumption on the premises and in
the rooms of bona fide registered guests.
B. ``Retail on-sale beer and wine license'' means a license
authorizing the licensee to sell beer and wine at retail to be consumed
by the buyer only on the premises or at the location designated in the
license. This class includes, but is not limited to, hotels where beer
and/or wine may be sold for consumption on the premises and in the
rooms of bona fide registered guests.
C. ``Retail off-sale general license'' means a license authorizing
the licensee to sell Alcohol Beverages at retail to be consumed by the
buyer off of the premises or at a location other than the one
designated in the license.
D. ``Retail off-sale beer and wine license'' means a license
authorizing the
[[Page 13459]]
licensee to sell beer and wine at retail to be consumed by the buyer
off of the premises or at a location other than the one designated in
the license.
E. ``Manufacturers license'' means a license authorizing the
applicant to manufacture Alcohol Beverages for the purpose of sale on
or off Tribal land.
F. ``Temporary license'' means a license authorizing the sale of
Alcohol Beverages on a temporary basis for premises temporarily
occupied by the licensee for a picnic, social gathering, or similar
occasion. Temporary licenses may not be renewed upon expiration. A new
application must be submitted for each such license.
Section 3-8-350. Application Form and Content
An application for a license shall be made to the Tax Commission
and shall contain at least the following information:
A. The name and address of the applicant, including the names and
addresses of all of the principal officers and directors, and other
employees with primary management responsibility related to the sale of
Alcohol Beverages;
B. The specific area, location, and/or premise(s) for which the
license is applied;
C. The hours that the applicant will sell the Alcohol Beverages;
D. For Temporary Licenses, the dates for which the license is
sought to be in effect;
E. The class of Alcohol Beverage license applied for as set forth
in Section 3-8-340;
F. Whether the applicant has a state liquor license;
G. A sworn statement by the applicant to the effect that none of
the applicant's officers and directors, and employees with primary
management responsibility related to the sale of Alcohol Beverage, were
ever convicted of a felony under any law, and have not violated and
will not violate or cause or permit to be violated any of the
provisions of this Ordinance; and
H. The application shall be verified under oath and notarized by a
duly authorized representative.
Section 3-8-360. Public Hearing
Upon receipt of an application for issuance or renewal of a
license, and the payment of any fees required by the Tax Commission,
the Tax Commission shall set the matter for a public hearing. Notice of
the time and place of the hearing shall be given to the applicant and
the public at least twenty (20) calendar days before the hearing.
Notice shall be given to the applicant by prepaid U.S. mail at the
address listed in the application. Notice shall be given to the public
by publication in a newspaper of general circulation sold on the Tribal
lands. The notice published in the newspaper shall include the name of
the applicant, whether the action involves a new issuance or renewal,
the class of license applied for, and a general description of the area
where the alcohol will be or has been sold. At the hearing, the Tax
Commission shall hear from any person who wishes to speak for or
against the application. The Tax Commission shall have the authority to
place time limits on each speaker and limit or prohibit repetitive
testimony.
Section 3-8-370. Action on the Application
The Tax Commission shall act on the matter within thirty (30) days
of the conclusion of the public hearing. The Tax Commission shall have
the authority to deny, approve, or approve with conditions the
application, consistent with the laws of the Tribe. Upon approval of an
application, the Tax Commission shall issue a license to the applicant
in a form to be approved from time to time by the Tax Commission. If
the Tax Commission does not act within thirty (30) days the applicant
may request a hearing before the business committee.
Section 3-8-380. Denial of License or Renewal
An application for a new license or license renewal may be denied
for one or more of the following reasons.
A. The applicant has materially misrepresented facts contained in
the application;
B. The applicant is presently not in compliance with this ordinance
or other Tribal or Federal laws;
C. Granting of the license (or renewal thereof) would create a
threat to the peace, safety, morals, health, or welfare of the Tribe;
D. The applicant has failed to complete the application properly or
has failed to tender the appropriate fee.
E. A verdict or judgment of guilty has been entered against or a
plea of nolo contendere has been entered by an applicant's officer or
director, or an employee with primary management responsibility related
to the sale of Alcohol Beverages, to any offense under Federal or State
law prohibiting or regulating the sale, use, possession or giving away
of Alcohol Beverages.
Section 3-8-390. Temporary Denial
If the application is denied solely on the basis of Section 3-8-
380(D) the Tax Commission shall, within fourteen (14) days of receipt
of the application, issue a written notice of temporary denial to the
applicant. Such notice shall set forth the reasons for denial and shall
state that the denial will become permanent if the problem(s) is not
corrected within fifteen (15) days following receipt of the notice.
Section 3-8-400. Cure
If an applicant is denied a license, the applicant may cure the
deficiency and resubmit the application for consideration. Each re-
submission will be treated as a new application for license or renewal
of a license.
Section 3-8-410. Investigation
Upon receipt of an application for the issuance, transfer, or
renewal of a license, the Tax Commission shall make a thorough
investigation to determine whether the applicant and the premises for
which a license is applied for qualify for a license and whether the
provisions of this Ordinance have been complied with, and shall
investigate all matters connected therewith which may affect the public
health, welfare, and morals.
Section 3-8-420. Term and Renewal of License
Each license shall be issued for a period not to exceed two (2)
years from the original date of issuance and may be renewed thereafter
on a year-to-year basis, in compliance with this Ordinance and any
rules and/or regulations hereafter adopted by the Tribe. The applicant
shall renew a license by, not less than 90 days prior to the license's
expiration date, submitting a written renewal application to the Tax
Commission on the provided form.
Section 3-8-430. Procedures for Appealing a Denial or Condition of
Application
Any applicant for a license or licensee who believes the denial of
their license, request for renewal, or condition imposed on their
license was wrongfully determined may appeal the decision of the Tax
Commission in accordance with the Tax Commission Rules and Regulations.
For purposes of appeal, an applicant or licensee shall stand in the
place of a ``taxpayer'' as that term is used in the Tax Commission
Rules and Regulations appeal procedure. For purposes of appeal, the
action being complained of shall stand in the place of the term the
``tax,'' where appropriate, as that term is used in the Tax Commission
Rules and Regulations appeal procedure.
[[Page 13460]]
Section 3-8-440. Revocation of License
The Tax Commission may initiate action to revoke a license whenever
it is brought to the attention of the Commission that a licensee:
A. Has materially misrepresented facts contained in any license
application;
B. Is not in compliance with Tribal or federal laws material to the
issue of licensing;
C. Failed to comply with any condition of a license, including
failure to pay taxes on the sale of Alcohol Beverages or failure to pay
a required fee;
D. Has had a verdict, or judgment of guilty entered against, or has
had a plea of nolo contendere entered by one of its officers or
directors, or managers with primary responsibility over the sale of
Alcohol Beverages, as to any offense under Federal or State law
prohibiting or regulating the sale, use, or possession, of Alcohol
Beverages;
E. Failed to take reasonable steps to correct objectionable
conditions constituting a nuisance on the licensed premises or any
adjacent area within a reasonable time after receipt of a notice to
make such corrections has been received from the Tax Commission; or
F. Has had their Oklahoma, Arizona, or New Mexico liquor license
suspended or revoked.
Section 3-8-450. Initiation of Revocation Proceedings
Revocation proceedings are initiated either: (1) By the Tax
Commission, on its own motion and through the adoption of an
appropriate resolution meeting the requirements of this section; or (2)
by any person who files a complaint with the Tax Commission. The
complaint shall be in writing and signed by the maker. Both the
complaint and resolution shall state facts showing that there are
specific grounds under this Ordinance, which would authorize the Tax
Commission to revoke the license(s). The Tax Commission shall cause the
matter to be set for a hearing before the Tax Commission on a date no
later than 30 days from the Commission's receipt of a complaint or
adoption of the resolution. Notice of the time, date, and place of the
hearing shall be given to the licensee and the public in the same
manner as set forth in section 3-8-360. The notice shall state that the
licensee has the right to file a written response to the complaint or
resolution, verified under oath and signed by the licensee, no later
than ten (10) days prior to the hearing date.
Section 3-8-460. Hearing
Any hearing held on any complaint shall be held under such rules
and regulations as the Tax Commission may prescribe. Both the licensee
and the person filing the complaint shall have the right to present
witnesses to testify and to present written documents in support of
their positions to the Tax Commission. The Commission shall render its
decision within sixty (60) days after the date of the hearing. The
decision of the Commission shall be final. Except that any person so
aggrieved may file a written appeal to the Business Committee clearly
stating the reason for appeal within ten (10) days after the decision
of the commission is received.
Section 3-8-470. Delivery of License
Upon revocation of a license, the enterprise shall forthwith
deliver up the license to the Tax Commission.
Section 3-8-480. Transferability of Licenses
Alcohol Beverage licenses shall be issued to a specific licensee
for use at a single business location (business enterprise) and shall
not be transferable for use by any business or location. Separate
licenses shall be issued for each of the premises of any business
establishment having more than one address.
Section 3-8-490. Posting of License
Every licensee shall post and keep posted its license(s) in a
conspicuous place(s) on the licensed premises.
Article V--Powers of Enforcement
Section 3-8-500. Tax Commission Authority
In furtherance of this Ordinance, the Tax Commission shall have
exclusive authority to administer and implement this Ordinance and
shall have the following powers and duties hereunder;
A. To publish and enforce rules and regulations governing the sale,
manufacture, distribution, and possession of Alcohol Beverages within
the Tribal lands of the Fort Sill Apache Tribe of Oklahoma;
B. To employ such persons as may be reasonably necessary to perform
all administrative and regulatory responsibilities of the Tax
Commission hereunder. All such employees shall be Tribal employees;
C. To issue licenses permitting the sale, manufacture,
distribution, and possession of Alcohol Beverages within the Tribal
lands;
D. To give reasonable notice and to hold hearings on violations of
this Ordinance, and for consideration of the issuance or revocation of
licenses hereunder;
E. To bring such other actions as may be required to enforce this
Ordinance;
F. To prepare and deliver such reports as may be required by law or
regulation; and
G. To collect taxes, fees, and penalties as may be required,
imposed, or allowed by law or regulation, and to keep accurate books,
records, and accounts of the same.
Section 3-8-510. Right of Inspection
Any business premises licensed to manufacture, distribute, or sell
alcohol pursuant to this Ordinance shall be open for inspection by the
Tax Commission for the purpose of insuring the compliance or
noncompliance of the licensee with all provisions of this Ordinance and
any applicable Tribal law or regulation.
Section 3-8-520. Limitation on Powers
In the exercise of its powers and duties under this Ordinance,
members of the Tax Commission shall not, whether individually or as a
whole,
A. Accept any gratuity, compensation or other thing of value from
any Alcohol Beverage wholesaler, retailer, or distributor, or from any
applicant or licensee of the Tribe;
B. Waive the sovereign immunity of the Fort Sill Apache Tribe, or
of any agency, commission, or entity thereof without the express
written consent of the General Council of the Fort Sill Apache Tribe.
Article VI--Taxes
Section 3-8-530. Excise Tax
There is hereby levied and shall be collected a tax on each retail
and wholesale sale of Alcohol Beverages on Tribal land in the amount of
one percent (1%) of the retail sales price. All taxes from the sale of
such Alcohol Beverages shall be paid into a separate account under
exclusive authority of the Tax Commission. This tax may be adjusted as
requested by the Tax Commission and approved by the Business Committee.
Section 3-8-540. Taxes Due
All taxes for the sale of Alcohol Beverages under this Ordinance
are due on the 15th day of the month following the end of the calendar
quarter for which taxes are due.
Section 3-8-550. Delinquent Taxes
Past due taxes shall accrue interest at the rate of two percent
(2%) per month until paid.
[[Page 13461]]
Section 3-8-560. Reports
Along with the payment of taxes imposed hereby, the licensee shall
submit a quarterly report and accounting of all income from the sale or
distribution of Alcohol Beverages, and for the taxes collected.
Section 3-8-570. Audit
All licensees are subject to the review or audit of its books and
records relating to the sale of Alcohol Beverages hereunder by the Tax
Commission. Such review or audit may be performed periodically by Tax
Commission's agents or employees at such times as in the opinion of the
Tax Commission such review or audit is appropriate to the proper
enforcement of this Ordinance.
Article VII--Rules, Regulations, and Enforcement
Section 3-8-580. Sale or Distribution Without License
Any person who sells or offers for sale or distribution any Alcohol
Beverage in violation of this Ordinance, or who operates a business on
Tribal land and has Alcohol Beverage(s) for sale in his possession
without a license shall be in violation of this Ordinance.
Section 3-8-590. Unlawful Purchase
Any person who purchases any Alcohol Beverage on Tribal lands from
a person or business that is not licensed by the Tax Commission to sell
Alcohol Beverages shall be in violation of this Ordinance.
Section 3-8-600. Intent To Sell
Any person who keeps or possesses, or causes another to keep or
possess, upon his person or any premises within his control, an Alcohol
Beverage, with the intent to sell or to distribute the same contrary to
the provisions of this Ordinance, shall be in violation of this
Ordinance.
Section 3-8-610. Sale to Intoxicated Person
Any person who knowingly sells an Alcohol Beverage to a person who
is intoxicated shall be in violation of this Ordinance.
Section 3-8-620. Public Conveyance
Any person engaged in the business of carrying passengers for hire,
and every agent, servant, or employee of such person who shall
knowingly permit any person to drink an Alcohol Beverage in any such
public conveyance shall be in violation of this Ordinance.
Section 3-8-630. Age of Consumption
No person under the age to twenty-one (21) years shall possess or
consume any Alcohol Beverage on Tribal lands.
Section 3-8-640. Serving Underage Person
No person shall serve an Alcohol Beverage to a person under the age
of 21 or permit any such person to consume alcohol on the premises or
on any premises under his control. Any licensee violating this section
shall be guilty of a separate violation of this Ordinance for each and
every drink served and/or consumed.
Section 3-8-650. False Identification
Any person who purchases or who attempts to purchase an Alcohol
Beverage through the use of false, or altered identification that
falsely purports to show the person to be over the age of 21 years
shall be in violation of this Ordinance.
Section 3-8-660. Documentation of Age
When requested by a seller of Alcohol Beverages, any person shall
be required to present proper and satisfactory documentation of the
bearer's age, signature, and photograph. For purposes of this
Ordinance, proper and satisfactory documentation shall include one or
more of the following:
A. Drivers license or personal identification card issued by any
state department of motor vehicles or tribal or federal government
agency;
B. United States active duty military credentials;
C. Passport.
Section 3-8-670. General Penalties
Any person adjudged to be in violation of this Ordinance, including
any lawful regulation promulgated pursuant thereto, shall be subject to
a civil penalty not more than Five Hundred Dollars ($500.00) for each
such violation. The Tax Commission may adopt by resolution a separate
schedule for fines for each type of violation, taking into account the
seriousness and threat the violation may pose to the general health and
welfare. Such schedule may also provide, in the case of repeated
violations, for imposition of monetary penalties greater than the Five
Hundred Dollars ($500.00) limitation set forth above. The penalties
provided for herein shall be in addition to any criminal penalties that
may be imposed under a separate Ordinance, adopted by the Tribe.
Section 3-8-680. Initiation of Action
Any violation of this Ordinance shall constitute a public nuisance.
The Tax Commission may initiate and maintain an action in Tribal court
or any court of competent jurisdiction to abate and permanently enjoin
any nuisance declared under this Ordinance. Any action taken under this
section shall be in addition to any other penalties provided for in
this Ordinance. The plaintiff shall not be required to give bond in
this action.
Section 3-8-690. Contraband; Seizure; Forfeiture
A. All Alcohol Beverages within tribal lands held, owned, or
possessed by any person or licensee operating in violation of this
Ordinance is hereby declared to be contraband and subject to seizure
and forfeiture to the Tribe.
B. Seizure of contraband as defined in this Ordinance shall be done
by law enforcement and all such contraband seized shall be inventoried
and maintained by law enforcement pending final order of the Tax
Commission and any appeals there from as may be filed with the Business
Committee. The owner of the contraband seized may alternatively request
that the contraband seized be sold and the proceeds received there from
be maintained by law enforcement pending final order of the Tax
Commission and any appeals there from. The proceeds are subject to
forfeiture in lieu of the seized contraband.
C. Within ten days following the seizure of the contraband, a
hearing shall be held by the Tax Commission, at which time the operator
or owner of the contraband shall be given an opportunity to present
evidence in defense of his or her activities.
D. Notice of the hearing of at least 10 days shall be given to the
person from whom the property was seized, if known. If the person is
unknown, notice of the hearing shall be posted at the place where the
contraband was seized and at other public places on tribal lands. The
notice shall describe the property seized, and the time, place, and
cause of seizure and give the name and place of residence, if known, of
the person from whom the property was seized. If upon the hearing, the
evidence warrants, or, if no person appears as a claimant, the Tax
Commission shall thereupon enter a judgment of forfeiture, and all such
property shall be the property of the Fort Sill Apache Tribe. If upon
the hearing the evidence does not warrant forfeiture, the seized
contraband shall be immediately returned to the owner.
[[Page 13462]]
Article VIII--Nuisance and Abatement.
Section 3-8-700. Nuisance
Any room, house, building, vehicle, structure or other place where
Alcohol Beverages are sold, manufactured, bartered, exchanged, given
away, furnished, or otherwise possessed or disposed of in violation of
this Ordinance, or of any other Tribal law related to the
transportation, possession, distribution or sale of Alcohol Beverages,
and including all property kept therein, or thereon, and use in, or in
connection with the violation is hereby declared to be a nuisance upon
any second or subsequent violation of the same.
Section 3-8-710. Action To Abate Nuisance
Upon a finding that any such place or activity is a nuisance under
the provision of this Ordinance, the Tribe or the Tax Commission may
bring a civil action in the Tribal Court to abate and to perpetually
enjoin any such activity declared to be a nuisance. Such injunctive
relief may include a closure of any business or other use of the
property for up to one (1) year from the date of the order, or until
the owner, lessee or tenant shall give bond of no less than Twenty-Five
Thousand dollars ($25,000) payable to the Tribe and conditioned that no
further violation of this Ordinance or other Tribal Alcohol Beverage
law and by payment of all fines, costs and assessments against him/her.
If any condition of the bond is violated, the bond may be recovered and
proceeds delivered to the Tax Commission for the use of the Tribe. Any
action taken under this section shall be in addition to any other
penalties provided for in this Ordinance.
Article IX--Revenue and Reporting
Section 3-8-720. Use and Appropriation of Revenue Received
All revenue received by the Tax Commission under this Ordinance,
from whatever sources, shall be expended first for the administrative
costs incurred in the administration and enforcement of this Ordinance.
Any excess funds shall be subject to and available to appropriation by
the Tribe for essential governmental, and social services, related to
drug and alcohol education, counseling and treatment.
Section 3-8-730. Audit
Tax Commission handling of revenue received under this ordinance is
subject to review and audit as a part of the annual financial audit of
the Tax Commission.
Section 3-8-740. Reports
The Tax Commission shall submit to the Business Committee a
quarterly report and an accounting of all revenue received and expended
pursuant to this Ordinance.
Article X--Miscellaneous
Section 3-8-750. Severability
If any provision or application of this Ordinance is found invalid
and or unenforceable, such determination shall not be held to render
ineffectual any of the remaining provisions or applications of this
Ordinance not specifically identified thereby, or to render such
provision to be inapplicable to other persons or circumstances.
Section 3-8-760. Construction
Nothing in this ordinance shall be construed to diminish or impair
in any way the rights or sovereign powers of the Fort Sill Apache
Tribe.
Section 3-8-770. Effective Date
This Ordinance shall be effective upon certification by the
Secretary of the Interior, publication in the Federal Register and
recorded in the office of the Clerk of the Tribal Court.
Section 3-8-780. Prior Law Repealed
Any and all prior enactments of the Fort Sill Apache Tribe that are
inconsistent with the provisions of this Ordinance are hereby
rescinded.
Section 3-8-770. Amendment
The Fort Sill Apache Tribe through its General Council, pursuant to
its Constitution delegates to the Fort Sill Apache Tribe Business
Committee the authority to amend the provisions of the foregoing
Alcohol Control Ordinance.
Approved by the Business Committee of the Fort Sill Apache Tribe of
Oklahoma this 21st day of August 2007, by a vote of 4 For 0 Against 0
Abstained.
Chairman---------------------------------------------------------------
Secretary Treasurer----------------------------------------------------
[FR Doc. E9-6853 Filed 3-26-09; 8:45 am]
BILLING CODE 4310-4J-P
