82_FR_12154 82 FR 12116 - Three Affiliated Tribes; Amendments to Alcoholic Beverages Control Law

82 FR 12116 - Three Affiliated Tribes; Amendments to Alcoholic Beverages Control Law

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 82, Issue 38 (February 28, 2017)

Page Range12116-12119
FR Document2017-03839

This notice publishes an amendment to the Three Affiliated Tribes' Alcoholic Beverages Control Law (Law). The amended Law supersedes the existing Three Affiliated Tribes Alcoholic Beverages Control Law, first enacted by the Three Affiliated Tribes in 1986, with an amendment last published in the Federal Register on March 12, 2007 (72 FR 11049).

Federal Register, Volume 82 Issue 38 (Tuesday, February 28, 2017) 
[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Notices]
[Pages 12116-12119]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03839]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/AAAA003010/A0T602020.999900]


Three Affiliated Tribes; Amendments to Alcoholic Beverages 
Control Law

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an amendment to the Three Affiliated 
Tribes' Alcoholic Beverages Control Law (Law). The amended Law 
supersedes the existing Three Affiliated Tribes Alcoholic Beverages 
Control Law, first enacted by the Three Affiliated Tribes in 1986, with 
an amendment last published in the Federal Register on March 12, 2007 
(72 FR 11049).

DATES: This Law shall become effective March 30, 2017.

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

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor control laws for the purpose of regulating liquor 
transactions in Indian country. The Three Affiliated Tribes' Business 
Council first adopted the Alcoholic Beverages Control Law, published in 
the Federal Register, on February 6, 1987, (52 FR 3869-02). The Three 
Affiliated Tribes' Business Council duly adopted an amendment to 
Chapter II, Section 5 of the Law that was published in the Federal 
Register on March 12, 2007 (72 FR 11049). This Federal Register Notice 
comprehensively amends and supersedes the existing Alcoholic Beverages 
Control Law, enacted by the Three Affiliated Tribes' Business Council 
on November 22, 2016. By the delegated authority contained in 3 IAM 
4.4, the Great Plains Regional Director, Bureau of Indian Affairs, 
approved the amendment to the Alcoholic Beverage Control Ordinance on 
January 4, 2017. This notice is published in accordance with the 
authority delegated by the Secretary of the Interior to the Assistant 
Secretary-Indian Affairs. I certify that the Three Affiliated Tribes' 
Business Council, duly adopted these amendments to the Alcoholic 
Beverages Control Law on November 22, 2016.

    Dated: February 10, 2017.
Michael S. Black,
Acting Assistant Secretary-Indian Affairs.

    The Three Affiliated Tribes' Alcoholic Beverages Control Law, as 
amended, shall read as follows:

Three Affiliated Tribes Alcoholic Beverages Control Law

Chapter I. General Provisions

Section 1. Definitions

    In this Ordinance, (1) ``Alcohol'' shall mean neutral spirits 
distilled at or above 190[deg] proof, whether or not such product is 
subsequently reduced, for nonindustrial use.
    (2) ``Alcoholic beverages'' shall mean any liquid suitable for 
drinking by human beings, which contains one-half of one percent or 
more of alcohol by volume.
    (3) ``Beer'' shall mean any malt beverage containing more than one-
half of one percent of alcohol by volume.
    (4) ``Distilled spirits'' shall mean any alcoholic beverage that is 
not beer, wine, sparkling wine or alcohol.
    (5) ``Licensed premises'' means the premises on which beer, liquor, 
or alcoholic beverages are normally sold or dispensed and shall be 
delineated by

[[Page 12117]]

diagram or blueprint which shall be included with the license 
application or the license renewal application.
    (6) ``Liquor'' shall mean any alcoholic beverage except beer.
    (7) ``On-Sale'' shall mean the sale of any alcoholic beverage for 
consumption only upon the premises where sold.
    (8) ``Off-Sale'' shall mean the sale of any alcoholic beverage for 
consumption off the premises where sold.
    (9) ``Sale'' shall mean the transfer of bottled or canned alcoholic 
beverage for currency exchange of title to such alcoholic beverages.
    (10) ``Sparkling wine'' shall mean wine made effervescent with 
carbon dioxide.
    (11) ``Transport'' shall mean the introduction of alcoholic 
beverages onto the Fort Berthold Reservation by any means of conveyance 
for the purpose of sale, or distribution, to any licensed retailer.
    (12) ``Tribal Council'' shall mean the governing body of the Three 
Affiliated Tribes.
    (13) ``Wine'' shall mean the alcoholic beverage obtained by 
fermentation of agricultural products containing natural or added sugar 
or such beverage fortified with brandy and containing not more than 
twenty-four percent alcohol by volume.
    (14) The terms, ``the provisions of this Ordinance'' as provided in 
this Ordinance, or similar terms, shall include all rules and 
regulations established by the Tribal Legal Department, and approved by 
Council, to aid in the administration or enforcement of this Ordinance.

Section 2. Public Policy Declared

    This Ordinance shall be cited as the ``Three Affiliated Tribes 
Alcoholic Beverages Control Law'' and, pursuant to the constitutional 
and inherent sovereignty of the Three Affiliated Tribes, along with the 
authority delegated to the Tribe by the Congress of the United States 
to regulate the manufacture, distribution, sale, possession and 
consumption of alcoholic beverages within the territory of the Tribe, 
shall be exercised for the purpose of protecting the welfare, health, 
peace, morals and safety of all people residing on the Fort Berthold 
Reservation. All the provisions of this Ordinance shall be liberally 
construed to accomplish the above declared purpose. It is the Three 
Affiliated Tribes' declared intent in enacting this Ordinance to 
prohibit all traffic in alcoholic beverages on the Fort Berthold Indian 
Reservation except to the extent allowed and permitted under the 
express terms of this Ordinance.

Section 3. Exceptions

    Nothing contained in this title shall be construed to apply to the 
following articles, when they are unfit for beverages purposes:
    (1) Denatured alcohol produced and used pursuant to acts of 
Congress, and the regulations thereunder;
    (2) Patent, propriety, medical, pharmaceutical, antiseptic, and 
toilet preparations;
    (3) Flavoring extracts, syrups, and food products; nor to the 
manufacture or sale of said articles containing alcohol. This title 
shall not apply to wines delivered to priests, rabbis, and ministers 
for sacramental use.

Section 4. General Prohibition

    It shall be unlawful to manufacture for sale, sell, offer, or keep 
for sale, or transport alcoholic beverages on the Fort Berthold 
Reservation except upon the terms, conditions, limitations, and 
restrictions specified in this Ordinance.

Chapter II. Retail Licensing

Section 1. Tribal Retail License Required

    No person shall engage in the sale of alcoholic beverages at retail 
without first securing an appropriate license from the Three Affiliated 
Tribes as provided herein.

Section 2. Qualifications for Retail License

    No retail license shall be issued to any person unless the 
applicant shall file a sworn application, accompanied by the required 
fee, showing the following qualifications:
    (1) The applicant, other than corporate, must be a legal resident 
of the United States and a resident of the Fort Berthold Indian 
Reservation and be a person of good moral character.
    (2) If the applicant is a corporation then the manager of the 
licensed premises and its officers, directors and stockholders must be 
legal residents of the United States and persons of good moral 
character. Corporate applicants must also be properly registered with 
the Three Affiliated Tribes as entitled to do business on the Fort 
Berthold Reservation.
    (3) The applicant or manager must not have been convicted of an 
offense determined by the Three Affiliated Tribes to have a direct 
bearing upon an applicant's or manager's ability to serve the 
reservation public as a licensed alcoholic beverage retailer.
    (4) The Three Affiliated Tribes may also require the applicant to 
set forth such other information in this application as is necessary to 
enable them to determine if a license should be granted.

Section 3. License Fees

    The fee for an annual on and off sale liquor license shall be set 
by tribal resolution at not less than two hundred dollars nor more than 
two thousand and one hundred dollars. The fee for an annual on and off 
sale beer license shall be set by tribal resolution at not less than 
fifty dollars nor more than six hundred dollars.

Section 4. Special Permit Authorized

    The Three Affiliated Tribes may by special permit authorize an on 
sale, off sale, or on or off sale alcoholic beverage licensee to engage 
in the sale of alcoholic beverages at special events on licensed 
premises as may be designated by the permit. A fee for the special 
permit may be set by tribal resolution at not more than twenty-five 
dollars. The permit shall not be valid for a period greater than three 
consecutive days.

Section 5: Dispensing Prohibited on Certain Days

    A person may not dispense or permit the consumption of alcoholic 
beverages on a licensed premises between the hours of two a.m. and 
twelve noon on Sundays, between the hours of two a.m. and eight a.m. on 
all other days of the week, or on Christmas Day or after six p.m. on 
Christmas Eve. In addition a person may not provide off-sale after one 
a.m. on Thanksgiving Day.

Section 6. Prohibitions as to Persons Under Twenty-One Years of Age

    No licensee shall dispense alcoholic beverages to a person under 
twenty-one years of age or permit such person to remain on the licensed 
premises while alcoholic beverages are being sold or displayed. Any 
person under twenty-one years of age may remain in a restaurant where 
alcoholic beverages are being sold if the restaurant is separated from 
the room in which alcoholic beverages are opened or mixed, if gross 
sales of food are at least equal to gross sales of alcoholic beverages 
which are consumed in the dining area or if (1) employed by the 
restaurant as a food waiter, food waitress, busboy, or busgirl under 
the direct supervision of a person twenty-one or more years of age, and 
not engaged in the sale, dispensing, delivery, or consumption of 
alcoholic beverages, or (2) if the person is a law enforcement officer 
entering the premises in the performance of official duty. Any premises 
where alcoholic beverages are sold may employ persons from eighteen to 
twenty-one years of age to work in the capacity of musicians

[[Page 12118]]

under the direct supervision of a person over twenty-one years of age.

Chapter III. Wholesale Licensing

Section 1. Tribal Wholesale License

    No person shall engage in the sale of alcoholic beverages at 
wholesale without first securing an appropriate license from the Three 
Affiliated Tribes as provided herein. Such a license shall allow sale 
only to licensed retailers.

Section 2. Qualifications for Wholesale License

    No such license shall be issued unless the applicant shall file a 
sworn application, accompanied by the required fee, showing the 
following qualifications:
    (1) Applicant other than corporate must be a legal resident of the 
United States and a person of good moral character. If the applicant is 
a corporation, the manager of the licensed premises must be a citizen 
of the United States and a person of good moral character, and the 
officers, directors and stockholders must be legal residents of the 
United States and persons of good moral character. Corporate applicants 
must also be registered with the Three Affiliated Tribes as entitled to 
do business on the Fort Berthold Reservation.
    (2) The Tribal Business Council may require the applicant to set 
forth such other information as is necessary to enable it to determine 
if a license should be granted.

Section 3. License Fees

    The fee for an annual wholesale license shall be set by tribal 
resolution at not less than two hundred dollars nor more than one 
thousand and one hundred dollars.

Chapter IV. Transport Licensing

Section 1. Tribal Transport License Required

    No person shall engage in the transport for sale, or distribution 
of alcoholic beverages on the Fort Berthold Reservation without first 
securing an appropriate license from the Three Affiliated Tribes as 
provided herein. Such a license shall allow the delivery, or 
distribution, of alcoholic beverages only to licensed retailers.

Section 2. Qualifications for License

    No such license shall be issued unless the applicant shall file a 
sworn application, accompanied by the required fee showing the 
following qualifications:
    (1) An Applicant other than corperate must be a legal resident of 
the United States and a person of good moral character. If the 
applicant is a corporation, the manager of the licensed premises must 
be a citizen of the United States and a person of good moral character, 
and the officers, directors and stockholders must be legal residents of 
the United States and persons of good moral character. Corporate 
applicants must also be registered with the Three Affiliated Tribes as 
entitled to do business on the Fort Berthold Reservation.
    (2) The Tribal Council may require the applicant to set forth such 
other information as is necessary to enable it to determine if a 
license should be granted.

Section 3. License Fees

    The fee for an annual transport license shall be set by tribal 
resolution at not less than two hundred dollars and no more than one 
thousand and one hundred dollars.

Chapter V. Taxation

Section 1. Tax on Retail Sales of Alcoholic Beverages

    (1) There is hereby imposed a tax of seven percent (7%) on the 
gross receipts of all sales at retail of alcoholic beverages within the 
exterior boundaries of the Fort Berthold Reservation.
    (2) Licensed alcoholic beverage retailers shall be liable for the 
collection and remittance of the tax on the retail sale price of 
alcoholic beverages. Licensed alcoholic beverage retailers shall keep 
accurate records of all sales of alcoholic beverages and shall file 
monthly returns with the Three Affiliated Tribes' Tax Commission, on 
such forms as the Tax Commission may require, showing the quantity and 
the price of alcoholic beverages sold at retail, along with the amount 
of the tax due and other information which the department may 
reasonably require. Said monthly return shall be transmitted to the Tax 
Commission no later than 30 days after the month covered by the return. 
The tax due for that month shall be remitted together with the monthly 
return.
    (3) Licensed alcoholic beverage retailers shall keep, in current 
and available form on the licensed premises, records of all purchases, 
sales, and quantities on hand and such other information as the Tax 
Commission may reasonably require. The Tax Commission may require from 
any licensee any reports he shall prescribe, and he may require the 
production of any book, record, document, invoice, and voucher kept, 
maintained, received, or issued by any such licensee in connection with 
his business, which in the judgment of the Tax Commission may be 
necessary to administer and discharge his duties, to secure the maximum 
of revenue to be paid, and to carry out the provisions of law. If 
default is made, or if any such licensee fails or refuses to furnish 
any other reports or information referred to upon request therefor, the 
Tax Commission may enter the premises of such licensee where the 
records are kept and make such examination as is necessary to compile 
the required report. The cost of such examination shall be paid by the 
licensee whose reports are in default.

Section 2. Reports Required on Shipments of Beverages Into Reservation

    Any person who transports, sells or ships alcoholic beverages for 
sale or distribution within this Reservation shall forward to the Tax 
Commission such a report as the Tax Commission shall require, giving 
the name and address of the licensee or person making the purchase, the 
quantity and kind of alcoholic beverages sold, the manner of delivery 
and such other information as the Tax Commission requires.

Section 3. Administration and Enforcement

    The provisions of the Tribal Tax Code of the Three Affiliated 
Tribes pertaining to all aspects of the administration and enforcement 
of Tribal taxes shall govern the administration and enforcement of the 
tax on retail sales of alcoholic beverages imposed herein.

Chapter VI. Penalties Imposed for Violations of Ordinance

Section 1. General Penalties.

    Anyone violating this ordinance shall be subject to civil penalties 
and/or suspension or revocation of their tribal license according to a 
schedule of penalties established by the Tribal Legal Department and 
approved for publication by the Tribal Business Council.

Section 2. Hearing on Alleged Violations

    Anyone having information that a person has violated any provisions 
of this ordinance may file with the Tribal Legal Department an 
affidavit specifically setting forth such violation. Upon receipt of 
such affidavit, the Legal Department shall set the matter for hearing 
not later than the next regular meeting of the Tribal Council. A copy 
of the affidavit and notice of hearing shall be mailed to the affected 
person by registered mail not less than five days before such hearing. 
A record of such

[[Page 12119]]

hearings will be made by stenographic notes or by the use of an 
electronic recording device. The person shall have the right to be 
represented by counsel, question witnesses and examine the evidence 
against him as well to present evidence and witnesses in his own 
defense.

Section 3. Suspension or Revocation of License

    If after such hearing the Tribal Council finds the violation set 
forth in the affidavit has been proved by the evidence, an order shall 
be served on the licensee revoking or suspending his license for a 
period of time and imposing such other civil penalties as are 
consistent with a policy established by the Tribal Legal Department and 
approved by the Tribal Business Council. Such action may be appealed to 
the Tribal Court which shall have jurisdiction to either vacate, remand 
or modify the Tribal Council's action, except that the order revoking 
or suspending the license, or imposing other penalties shall be 
effective while the appeal is pending.

Section 4. Other Penalties

    The Tribal Business Council may impose such other civil penalties, 
according to a policy established by the Tribal Legal Department and 
approved by the Tribal Business Council, for any violation of this 
Ordinance including the failure to apply for or to possess the 
appropriate tribal license. Such tribal action imposing such penalties 
on any person may be appealed to Tribal Court, which shall have 
jurisdiction to either vacate, remand or modify the Tribal Council's 
action except that the imposition of the penalties shall be effective 
while the appeal is pending.

Section 5. Powers of Tribal Chairman

    The Tribal Chairman, or his designee, at a hearing under this 
Ordinance shall have the power to administer oaths and subpoena and 
examine witnesses.

Section 6. Effect of Findings on Tribal Court

    The Tribal Court, in any matter heard on appeal under this 
ordinance, shall give substantial weight to the findings of fact made 
by the Tribal Business Council.

Section 6. Sovereign Immunity

    The jurisdiction of the Tribal Council and Tribal Court under this 
Chapter shall be exclusive. Except as authorized in this Chapter with 
respect to the Tribal Court's jurisdiction to hear appeals under 
sections 3 and 4, nothing in this Ordinance shall be construed to waive 
the Tribe's sovereign immunity from suit.

Chapter VII. Miscellaneous Provisions

Section 1. Agreement by Licensee To Grant Access for Inspection 
Purposes

    Every licensee under this Ordinance, as a condition of the grant of 
a tribal license, consents to the inspection of his premises, including 
all buildings, safes, cabinets, lockers and storerooms thereon. Such 
inspection shall be available upon the demand of the Tribal Tax 
Commission. These inspections shall be conducted by a duly appointed 
designee of the Tribal Tax Commission, or tribal or federal police. All 
books and records dealing with the sale or ownership of alcoholic 
beverages shall be open for inspection purposes by the duly authorized 
tribal authorities.

Section 2. Recovery of Damages Resulting From Intoxication

    Every spouse, child, parent, guardian, employer, or other person 
who is injured by any intoxicated person, or in consequence of 
intoxication, shall have a right of action in Tribal Court against any 
person who caused such intoxication by disposing, selling, bartering, 
or giving away alcoholic beverages for all damages sustained and in the 
event death ensues the survivors of the decedent may prosecute such an 
action in their own name.

Section 3. Surety Bond Required

    (1) Every application for a license under this Ordinance, unless 
exempted by the Tribal Business Council, must be accompanied by a bond, 
which shall become operative and effective upon the issuance of a 
license unless the licensee already has a continuing bond in force. The 
bond shall be in the amount of $10,000.00 and must be in a form 
approved by the Tribal Business Council and it shall be conditioned 
that the licensee will faithfully obey and abide by all the provisions 
of this Ordinance and all existing laws relating to the conduct of its 
business and will promptly pay to the Three Affiliated Tribes when due 
all license fees payable by him under the provisions of this Ordinance 
and also any costs and penalties assessed against him in any 
determination that he violated the terms of this Ordinance.
    (2) All bonds required by this Ordinance shall be with a corporate 
surety as surety, or shall be by cash deposit. If said bond is placed 
by cash, it shall be kept in a separate escrow account with a bank.

Section 4. Severability

    If any section of this Ordinance, or any part thereof, is held to 
be invalid or inapplicable for any cause whatsoever, the remainder of 
this Ordinance shall not be affected thereby and shall remain in full 
force and effect as though no part thereof had been declared invalid.

Section 5. Compliance With 18 U.S.C. 1161

    The Tribal Business Council finds that this Ordinance complies with 
the requirements of 18 U.S.C. 1161.

Section 6. All Prior Ordinances and Resolutions Repealed

    All prior ordinances and resolutions or provisions thereof that are 
inconsistent with any provisions of this ordinance are hereby repealed.

[FR Doc. 2017-03839 Filed 2-27-17; 8:45 am]
 BILLING CODE 4337-15-P

12116 Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices Teleconference: The call-in number is may submit written statements to Joseph Law 83–277, 67 Stat. 586, 18 U.S.C. 866–715–1246, and the participant Polos up to 7 days after the meeting. 1161, as interpreted by the Supreme passcode is 4251781. Before including your address, phone Court in Rice v. Rehner, 463 U.S. 713 Web-based meeting: To join the web- number, email address, or other (1983), the Secretary of the Interior shall based meeting, go to http://www. personal identifying information in your certify and publish in the Federal mymeetings.com/nc/join.php?sigKey= comment, you should be aware that Register notice of adopted liquor control mymeetings&i=442336293&p=&t=c. your entire comment—including your laws for the purpose of regulating liquor FOR FURTHER INFORMATION CONTACT: personal identifying information—may transactions in Indian country. The Joseph C. Polos, by mail at U.S. Fish and be made publicly available at any time. Three Affiliated Tribes’ Business Wildlife Service, 1655 Heindon Road, While you can ask us in your comment Council first adopted the Alcoholic Arcata, CA 95521; by telephone at 707– to withhold your personal identifying Beverages Control Law, published in the 822–7201; or by email at joe_polos@ information from public review, we Federal Register, on February 6, 1987, fws.gov. Individuals with a disability cannot guarantee that we will be able to (52 FR 3869–02). The Three Affiliated may request an accommodation by do so. Tribes’ Business Council duly adopted sending an email to either point of an amendment to Chapter II, Section 5 Meeting Minutes contact. of the Law that was published in the Summary minutes of the meeting will Federal Register on March 12, 2007 (72 SUPPLEMENTARY INFORMATION: In be maintained by Joseph Polos (see FOR FR 11049). This Federal Register Notice accordance with the requirements of the FURTHER INFORMATION CONTACT). The comprehensively amends and Federal Advisory Committee Act, 5 minutes will be available for public supersedes the existing Alcoholic U.S.C. App., we announce that the inspection within 14 days after the Beverages Control Law, enacted by the Trinity River Adaptive Management meeting, and will be posted on the Three Affiliated Tribes’ Business Working Group will hold a meeting on TAMWG Web site at http:// Council on November 22, 2016. By the March 20–21, 2017. The TAMWG www.fws.gov/arcata. delegated authority contained in 3 IAM affords stakeholders the opportunity to Dated: February 22, 2017. 4.4, the Great Plains Regional Director, give policy, management, and technical Joseph C. Polos, Bureau of Indian Affairs, approved the input concerning Trinity River Supervisory Fish Biologist, Arcata Fish and amendment to the Alcoholic Beverage (California) restoration efforts to the Wildlife Office, Arcata, California. Control Ordinance on January 4, 2017. TMC. The TMC interprets and [FR Doc. 2017–03853 Filed 2–27–17; 8:45 am] This notice is published in accordance recommends policy, coordinates and with the authority delegated by the reviews management actions, and BILLING CODE 4333–15–P Secretary of the Interior to the Assistant provides organizational budget Secretary–Indian Affairs. I certify that oversight. DEPARTMENT OF THE INTERIOR the Three Affiliated Tribes’ Business Meeting Agenda Council, duly adopted these • Agenda/Minutes Bureau of Indian Affairs amendments to the Alcoholic Beverages • Designated Federal Officer (DFO) Control Law on November 22, 2016. [178A2100DD/AAAA003010/ updates (including elections of A0T602020.999900] Dated: February 10, 2017. TAMWG officials); Michael S. Black, • TMC Chair Report; Three Affiliated Tribes; Amendments Acting Assistant Secretary–Indian Affairs. • Executive Director’s Report; to Alcoholic Beverages Control Law The Three Affiliated Tribes’ Alcoholic • Water Year 2017 flow and gravel AGENCY: Bureau of Indian Affairs, Beverages Control Law, as amended, augmentation recommendations; Interior. shall read as follows: • Current TMC issues; and • Public comment. ACTION: Notice. Three Affiliated Tribes Alcoholic The final agenda will be posted on the SUMMARY: This notice publishes an Beverages Control Law Internet at http://www.fws.gov/arcata. amendment to the Three Affiliated Chapter I. General Provisions Public Input Tribes’ Alcoholic Beverages Control Section 1. Definitions Law (Law). The amended Law Interested members of the public may supersedes the existing Three Affiliated In this Ordinance, (1) ‘‘Alcohol’’ shall submit relevant information or Tribes Alcoholic Beverages Control mean neutral spirits distilled at or above questions for the TAMWG to consider Law, first enacted by the Three 190° proof, whether or not such product during the meeting. Written statements Affiliated Tribes in 1986, with an is subsequently reduced, for must be received by the date listed in amendment last published in the nonindustrial use. DATES, so that the information may be (2) ‘‘Alcoholic beverages’’ shall mean Federal Register on March 12, 2007 (72 available to the TAMWG for their FR 11049). any liquid suitable for drinking by consideration prior to this meeting. human beings, which contains one-half DATES: This Law shall become effective Written statements must be supplied to of one percent or more of alcohol by Joseph Polos in one of the following March 30, 2017. volume. formats: One hard copy with original FOR FURTHER INFORMATION CONTACT: Mr. (3) ‘‘Beer’’ shall mean any malt signature, one electronic copy with Todd Gravelle, Supervisory Tribal beverage containing more than one-half original signature, and one electronic Operations Specialist, Great Plains mstockstill on DSK3G9T082PROD with NOTICES of one percent of alcohol by volume. copy via email (acceptable file formats Regional Office, Bureau of Indian (4) ‘‘Distilled spirits’’ shall mean any are Adobe Acrobat PDF, MS Word, Affairs, 115 Fourth Avenue South East, alcoholic beverage that is not beer, PowerPoint, or rich text file). Suite 400, Aberdeen, South Dakota wine, sparkling wine or alcohol. Registered speakers who wish to 57401 Telephone: (605) 226–7376, Fax: (5) ‘‘Licensed premises’’ means the expand on their oral statements, or (605) 226–7379. premises on which beer, liquor, or those who wished to speak but could SUPPLEMENTARY INFORMATION: Pursuant alcoholic beverages are normally sold or not be accommodated on the agenda, to the Act of August 15, 1953, Public dispensed and shall be delineated by VerDate Sep<11>2014 18:46 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1

Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices 12117 diagram or blueprint which shall be Section 3. Exceptions them to determine if a license should be included with the license application or Nothing contained in this title shall granted. the license renewal application. be construed to apply to the following Section 3. License Fees (6) ‘‘Liquor’’ shall mean any alcoholic articles, when they are unfit for beverage except beer. The fee for an annual on and off sale beverages purposes: liquor license shall be set by tribal (7) ‘‘On-Sale’’ shall mean the sale of (1) Denatured alcohol produced and any alcoholic beverage for consumption resolution at not less than two hundred used pursuant to acts of Congress, and only upon the premises where sold. dollars nor more than two thousand and the regulations thereunder; (8) ‘‘Off-Sale’’ shall mean the sale of one hundred dollars. The fee for an (2) Patent, propriety, medical, any alcoholic beverage for consumption annual on and off sale beer license shall pharmaceutical, antiseptic, and toilet off the premises where sold. be set by tribal resolution at not less (9) ‘‘Sale’’ shall mean the transfer of preparations; (3) Flavoring extracts, syrups, and than fifty dollars nor more than six bottled or canned alcoholic beverage for hundred dollars. food products; nor to the manufacture or currency exchange of title to such sale of said articles containing alcohol. Section 4. Special Permit Authorized alcoholic beverages. (10) ‘‘Sparkling wine’’ shall mean This title shall not apply to wines The Three Affiliated Tribes may by wine made effervescent with carbon delivered to priests, rabbis, and special permit authorize an on sale, off dioxide. ministers for sacramental use. sale, or on or off sale alcoholic beverage (11) ‘‘Transport’’ shall mean the Section 4. General Prohibition licensee to engage in the sale of introduction of alcoholic beverages onto alcoholic beverages at special events on It shall be unlawful to manufacture the Fort Berthold Reservation by any licensed premises as may be designated for sale, sell, offer, or keep for sale, or means of conveyance for the purpose of by the permit. A fee for the special transport alcoholic beverages on the sale, or distribution, to any licensed permit may be set by tribal resolution at Fort Berthold Reservation except upon retailer. not more than twenty-five dollars. The (12) ‘‘Tribal Council’’ shall mean the the terms, conditions, limitations, and permit shall not be valid for a period governing body of the Three Affiliated restrictions specified in this Ordinance. greater than three consecutive days. Tribes. Chapter II. Retail Licensing (13) ‘‘Wine’’ shall mean the alcoholic Section 5: Dispensing Prohibited on beverage obtained by fermentation of Section 1. Tribal Retail License Certain Days agricultural products containing natural Required A person may not dispense or permit or added sugar or such beverage No person shall engage in the sale of the consumption of alcoholic beverages fortified with brandy and containing not alcoholic beverages at retail without on a licensed premises between the more than twenty-four percent alcohol first securing an appropriate license hours of two a.m. and twelve noon on by volume. from the Three Affiliated Tribes as Sundays, between the hours of two a.m. (14) The terms, ‘‘the provisions of this provided herein. and eight a.m. on all other days of the Ordinance’’ as provided in this week, or on Christmas Day or after six Ordinance, or similar terms, shall Section 2. Qualifications for Retail p.m. on Christmas Eve. In addition a include all rules and regulations License person may not provide off-sale after established by the Tribal Legal No retail license shall be issued to any one a.m. on Thanksgiving Day. Department, and approved by Council, person unless the applicant shall file a sworn application, accompanied by the Section 6. Prohibitions as to Persons to aid in the administration or required fee, showing the following Under Twenty-One Years of Age enforcement of this Ordinance. qualifications: No licensee shall dispense alcoholic Section 2. Public Policy Declared (1) The applicant, other than beverages to a person under twenty-one This Ordinance shall be cited as the corporate, must be a legal resident of the years of age or permit such person to ‘‘Three Affiliated Tribes Alcoholic United States and a resident of the Fort remain on the licensed premises while Beverages Control Law’’ and, pursuant Berthold Indian Reservation and be a alcoholic beverages are being sold or to the constitutional and inherent person of good moral character. displayed. Any person under twenty- sovereignty of the Three Affiliated (2) If the applicant is a corporation one years of age may remain in a Tribes, along with the authority then the manager of the licensed restaurant where alcoholic beverages are delegated to the Tribe by the Congress premises and its officers, directors and being sold if the restaurant is separated of the United States to regulate the stockholders must be legal residents of from the room in which alcoholic manufacture, distribution, sale, the United States and persons of good beverages are opened or mixed, if gross possession and consumption of moral character. Corporate applicants sales of food are at least equal to gross alcoholic beverages within the territory must also be properly registered with sales of alcoholic beverages which are of the Tribe, shall be exercised for the the Three Affiliated Tribes as entitled to consumed in the dining area or if (1) purpose of protecting the welfare, do business on the Fort Berthold employed by the restaurant as a food health, peace, morals and safety of all Reservation. waiter, food waitress, busboy, or busgirl people residing on the Fort Berthold (3) The applicant or manager must not under the direct supervision of a person Reservation. All the provisions of this have been convicted of an offense twenty-one or more years of age, and not Ordinance shall be liberally construed determined by the Three Affiliated engaged in the sale, dispensing, to accomplish the above declared Tribes to have a direct bearing upon an delivery, or consumption of alcoholic mstockstill on DSK3G9T082PROD with NOTICES purpose. It is the Three Affiliated applicant’s or manager’s ability to serve beverages, or (2) if the person is a law Tribes’ declared intent in enacting this the reservation public as a licensed enforcement officer entering the Ordinance to prohibit all traffic in alcoholic beverage retailer. premises in the performance of official alcoholic beverages on the Fort Berthold (4) The Three Affiliated Tribes may duty. Any premises where alcoholic Indian Reservation except to the extent also require the applicant to set forth beverages are sold may employ persons allowed and permitted under the such other information in this from eighteen to twenty-one years of age express terms of this Ordinance. application as is necessary to enable to work in the capacity of musicians VerDate Sep<11>2014 18:46 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1

12118 Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices under the direct supervision of a person States and a person of good moral or issued by any such licensee in over twenty-one years of age. character. If the applicant is a connection with his business, which in corporation, the manager of the licensed the judgment of the Tax Commission Chapter III. Wholesale Licensing premises must be a citizen of the United may be necessary to administer and Section 1. Tribal Wholesale License States and a person of good moral discharge his duties, to secure the No person shall engage in the sale of character, and the officers, directors and maximum of revenue to be paid, and to alcoholic beverages at wholesale stockholders must be legal residents of carry out the provisions of law. If without first securing an appropriate the United States and persons of good default is made, or if any such licensee license from the Three Affiliated Tribes moral character. Corporate applicants fails or refuses to furnish any other must also be registered with the Three reports or information referred to upon as provided herein. Such a license shall Affiliated Tribes as entitled to do request therefor, the Tax Commission allow sale only to licensed retailers. business on the Fort Berthold may enter the premises of such licensee Section 2. Qualifications for Wholesale Reservation. where the records are kept and make License (2) The Tribal Council may require such examination as is necessary to No such license shall be issued unless the applicant to set forth such other compile the required report. The cost of the applicant shall file a sworn information as is necessary to enable it such examination shall be paid by the application, accompanied by the to determine if a license should be licensee whose reports are in default. required fee, showing the following granted. Section 2. Reports Required on qualifications: Section 3. License Fees Shipments of Beverages Into (1) Applicant other than corporate Reservation must be a legal resident of the United The fee for an annual transport license shall be set by tribal resolution Any person who transports, sells or States and a person of good moral ships alcoholic beverages for sale or character. If the applicant is a at not less than two hundred dollars and no more than one thousand and one distribution within this Reservation corporation, the manager of the licensed shall forward to the Tax Commission premises must be a citizen of the United hundred dollars. such a report as the Tax Commission States and a person of good moral Chapter V. Taxation shall require, giving the name and character, and the officers, directors and address of the licensee or person making stockholders must be legal residents of Section 1. Tax on Retail Sales of Alcoholic Beverages the purchase, the quantity and kind of the United States and persons of good alcoholic beverages sold, the manner of moral character. Corporate applicants (1) There is hereby imposed a tax of delivery and such other information as must also be registered with the Three seven percent (7%) on the gross receipts the Tax Commission requires. Affiliated Tribes as entitled to do of all sales at retail of alcoholic business on the Fort Berthold beverages within the exterior Section 3. Administration and Reservation. boundaries of the Fort Berthold Enforcement (2) The Tribal Business Council may Reservation. The provisions of the Tribal Tax Code require the applicant to set forth such (2) Licensed alcoholic beverage of the Three Affiliated Tribes pertaining other information as is necessary to retailers shall be liable for the collection to all aspects of the administration and enable it to determine if a license and remittance of the tax on the retail enforcement of Tribal taxes shall govern should be granted. sale price of alcoholic beverages. the administration and enforcement of Section 3. License Fees Licensed alcoholic beverage retailers the tax on retail sales of alcoholic shall keep accurate records of all sales beverages imposed herein. The fee for an annual wholesale of alcoholic beverages and shall file license shall be set by tribal resolution Chapter VI. Penalties Imposed for monthly returns with the Three at not less than two hundred dollars nor Violations of Ordinance Affiliated Tribes’ Tax Commission, on more than one thousand and one such forms as the Tax Commission may Section 1. General Penalties. hundred dollars. require, showing the quantity and the Anyone violating this ordinance shall Chapter IV. Transport Licensing price of alcoholic beverages sold at be subject to civil penalties and/or retail, along with the amount of the tax suspension or revocation of their tribal Section 1. Tribal Transport License due and other information which the license according to a schedule of Required department may reasonably require. penalties established by the Tribal Legal No person shall engage in the Said monthly return shall be Department and approved for transport for sale, or distribution of transmitted to the Tax Commission no publication by the Tribal Business alcoholic beverages on the Fort Berthold later than 30 days after the month Council. Reservation without first securing an covered by the return. The tax due for appropriate license from the Three that month shall be remitted together Section 2. Hearing on Alleged Violations Affiliated Tribes as provided herein. with the monthly return. Anyone having information that a Such a license shall allow the delivery, (3) Licensed alcoholic beverage person has violated any provisions of or distribution, of alcoholic beverages retailers shall keep, in current and this ordinance may file with the Tribal only to licensed retailers. available form on the licensed premises, Legal Department an affidavit records of all purchases, sales, and specifically setting forth such violation. Section 2. Qualifications for License quantities on hand and such other Upon receipt of such affidavit, the Legal mstockstill on DSK3G9T082PROD with NOTICES No such license shall be issued unless information as the Tax Commission may Department shall set the matter for the applicant shall file a sworn reasonably require. The Tax hearing not later than the next regular application, accompanied by the Commission may require from any meeting of the Tribal Council. A copy of required fee showing the following licensee any reports he shall prescribe, the affidavit and notice of hearing shall qualifications: and he may require the production of be mailed to the affected person by (1) An Applicant other than corperate any book, record, document, invoice, registered mail not less than five days must be a legal resident of the United and voucher kept, maintained, received, before such hearing. A record of such VerDate Sep<11>2014 18:46 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1

Federal Register / Vol. 82, No. 38 / Tuesday, February 28, 2017 / Notices 12119 hearings will be made by stenographic waive the Tribe’s sovereign immunity Section 4. Severability notes or by the use of an electronic from suit. If any section of this Ordinance, or recording device. The person shall have any part thereof, is held to be invalid or the right to be represented by counsel, Chapter VII. Miscellaneous Provisions inapplicable for any cause whatsoever, question witnesses and examine the Section 1. Agreement by Licensee To the remainder of this Ordinance shall evidence against him as well to present Grant Access for Inspection Purposes not be affected thereby and shall remain evidence and witnesses in his own in full force and effect as though no part defense. Every licensee under this Ordinance, thereof had been declared invalid. as a condition of the grant of a tribal Section 3. Suspension or Revocation of license, consents to the inspection of his Section 5. Compliance With 18 U.S.C. License premises, including all buildings, safes, 1161 If after such hearing the Tribal cabinets, lockers and storerooms The Tribal Business Council finds Council finds the violation set forth in thereon. Such inspection shall be that this Ordinance complies with the the affidavit has been proved by the available upon the demand of the Tribal requirements of 18 U.S.C. 1161. evidence, an order shall be served on Tax Commission. These inspections the licensee revoking or suspending his shall be conducted by a duly appointed Section 6. All Prior Ordinances and license for a period of time and designee of the Tribal Tax Commission, Resolutions Repealed imposing such other civil penalties as or tribal or federal police. All books and All prior ordinances and resolutions are consistent with a policy established records dealing with the sale or or provisions thereof that are by the Tribal Legal Department and ownership of alcoholic beverages shall inconsistent with any provisions of this approved by the Tribal Business be open for inspection purposes by the ordinance are hereby repealed. Council. Such action may be appealed duly authorized tribal authorities. [FR Doc. 2017–03839 Filed 2–27–17; 8:45 am] to the Tribal Court which shall have BILLING CODE 4337–15–P jurisdiction to either vacate, remand or Section 2. Recovery of Damages modify the Tribal Council’s action, Resulting From Intoxication except that the order revoking or DEPARTMENT OF THE INTERIOR Every spouse, child, parent, guardian, suspending the license, or imposing employer, or other person who is Bureau of Land Management other penalties shall be effective while injured by any intoxicated person, or in the appeal is pending. [16X.LLAKF02000. L51010000. ER0000. consequence of intoxication, shall have Section 4. Other Penalties a right of action in Tribal Court against LVRWL16L0980] The Tribal Business Council may any person who caused such Notice of Intent and Extension of Time impose such other civil penalties, intoxication by disposing, selling, To Prepare an Environmental Impact according to a policy established by the bartering, or giving away alcoholic Statement for the Proposed Ambler Tribal Legal Department and approved beverages for all damages sustained and Mining District Industrial Access Road, by the Tribal Business Council, for any in the event death ensues the survivors Alaska violation of this Ordinance including of the decedent may prosecute such an the failure to apply for or to possess the action in their own name. AGENCY: Bureau of Land Management, appropriate tribal license. Such tribal Interior. Section 3. Surety Bond Required action imposing such penalties on any ACTION: Notice of intent and extension person may be appealed to Tribal Court, (1) Every application for a license of time. which shall have jurisdiction to either under this Ordinance, unless exempted SUMMARY: In accordance with the vacate, remand or modify the Tribal by the Tribal Business Council, must be National Environmental Policy Act of Council’s action except that the accompanied by a bond, which shall 1969, as amended (NEPA), the Federal imposition of the penalties shall be become operative and effective upon the Land Policy and Management Act of effective while the appeal is pending. issuance of a license unless the licensee 1976, as amended (FLPMA), and the Section 5. Powers of Tribal Chairman already has a continuing bond in force. Alaska National Interest Lands The bond shall be in the amount of Conservation Act of 1980, as amended The Tribal Chairman, or his designee, $10,000.00 and must be in a form at a hearing under this Ordinance shall (ANILCA), the Bureau of Land approved by the Tribal Business Management (BLM) Central Yukon Field have the power to administer oaths and Council and it shall be conditioned that subpoena and examine witnesses. Office, Fairbanks, Alaska, intends to the licensee will faithfully obey and prepare an Environmental Impact Section 6. Effect of Findings on Tribal abide by all the provisions of this Statement (EIS) for Federal Court Ordinance and all existing laws relating authorizations to construct and operate to the conduct of its business and will an approximately 211-mile long The Tribal Court, in any matter heard promptly pay to the Three Affiliated industrial access road in the southern on appeal under this ordinance, shall Tribes when due all license fees payable Brooks Range foothills of Alaska, give substantial weight to the findings of by him under the provisions of this originating at the Dalton Highway in the fact made by the Tribal Business Ordinance and also any costs and vicinity of Prospect Creek and Council. penalties assessed against him in any terminating at the Ambler Mining Section 6. Sovereign Immunity determination that he violated the terms District, which would not be open for mstockstill on DSK3G9T082PROD with NOTICES The jurisdiction of the Tribal Council of this Ordinance. public access. By this notice, the BLM and Tribal Court under this Chapter (2) All bonds required by this is announcing the beginning of the EIS shall be exclusive. Except as authorized Ordinance shall be with a corporate scoping process to solicit public in this Chapter with respect to the surety as surety, or shall be by cash comments and identify issues, and is Tribal Court’s jurisdiction to hear deposit. If said bond is placed by cash, extending the periods to complete the appeals under sections 3 and 4, nothing it shall be kept in a separate escrow Draft and Final EIS, in accordance with in this Ordinance shall be construed to account with a bank. ANILCA section 1104(e). VerDate Sep<11>2014 18:46 Feb 27, 2017 Jkt 241001 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\28FEN1.SGM 28FEN1


Document Created: 2017-02-27 23:54:00
Document Modified: 2017-02-27 23:54:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesThis Law shall become effective March 30, 2017.
ContactMr. Todd Gravelle, Supervisory Tribal Operations Specialist, Great Plains Regional Office, Bureau of Indian Affairs, 115 Fourth Avenue South East, Suite 400, Aberdeen, South Dakota 57401 Telephone: (605) 226-7376, Fax: (605) 226-7379.
FR Citation82 FR 12116 
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