83 FR 45960 - Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 83, Issue 176 (September 11, 2018)
Bureau of Indian Affairs
Federal Register Volume 83, Issue 176 (September 11, 2018)
| Page Range | 45960-45966 | |
| FR Document | 2018-19731 |
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)] [Notices] [Pages 45960-45966] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-19731] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900 253G] Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes the liquor control ordinance of the Craig Tribal Association of Craig, Alaska. The liquor control ordinance regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of Alaska. DATES: This Ordinance takes effect September 11, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Jolene John, Tribal Operations Officer, Alaska Regional Office, Bureau of Indian Affairs, 3601 C Street, Suite 1200, Anchorage, Alaska 99503, telephone: (907) 271-4043, fax: (907) 271-4083. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Public Law 82-277, 67 Stat. 5856, 18 U.S.C. 1161, as interpreted by the Supreme Court in Rice V. Rehner, 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian Country. The Craig Tribal Association of Craig, Alaska duly adopted the Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance on November 14, 2017, and subsequently amended it on March 21, 2018, April 18, 2018, and June 14, 2018. 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 Craig Tribal Association of Craig, Alaska duly adopted by resolution the Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance enacted November 14, 2017, by Res. No. CTA 2017-43 and amended March 21, 2018, April 18, 2018, and June 14, 2018 by vote of the council to clarify language and to correct organizational errors. [[Page 45961]] Dated: August 22, 2018. Tara Sweeney, Assistant Secretary--Indian Affairs. Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance Article I. Introduction Section 1.1. Title This Ordinance shall be known as the ``Craig Tribal Association of Craig, Alaska's Alcohol Control Ordinance.'' Section 1.2. Authority This Ordinance is enacted in accordance with the inherent governmental powers of the Craig Tribal Association, a federally recognized tribe of Indians through its Constitution and Bylaws of the Craig Tribal Association of Craig, Alaska, and in conformance with the laws of the State of Alaska, as required by the Act of August 15, 1953, Public Law 83-177, 67 Stat. 586, 18 U.S.C. 1161. Section 1.3. Purpose The purpose of this Ordinance is to regulate and control the possession and sale of Alcohol on Tribal lands of the Craig Tribal Association. The enactment of this Ordinance will enhance the ability of the Craig Tribal Association to control all such alcohol [middot]related activities within the jurisdiction of the Tribe and will provide an important source of revenue for the continued operation and strengthening of the Craig Tribal Association and the delivery of important governmental services. Section 1.4. Application of Federal Law Federal Law prohibits 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). Section 1.5. Administration of Ordinance The Tribal Council, through its powers vested under the Constitution of the Craig Tribal Association and this Ordinance, delegates to the Tribal Council the authority to exercise all of the powers and accomplish all of the purposes as set forth in this Ordinance, which may include, but are not limited to, the following actions: A. Adopt and enforce rules and regulations for the purpose of effectuating this Ordinance, which includes the setting of fees, fines and other penalties; B. Execute all necessary documents; and C. Perform all matters of actions incidental to and necessary to conduct its business and carry out its duties and functions under this Ordinance. Section 1.6. Sovereign Immunity Preserved A. The Tribe is immune from suit in any jurisdiction except to the extent that the Tribal Council of the Craig Tribal Association or the United States Congress expressly and unequivocally waives such immunity by approval of written tribal resolution or Federal statute. B. Nothing in this Ordinance shall be construed as waiving the sovereign immunity of the Craig Tribal Association or the Tribal Council as an agency of the Craig Tribal Association. Section 1. 7. Applicability This Ordinance shall apply to all persons or entities operating or conducting activities involving the possession, sale or distribution of Alcohol on Tribal land of the Craig Tribal Association. Section 1.8. Computation of Time Unless otherwise provided in this Ordinance, in computing any period of time prescribed or allowed by this Ordinance, the day of the act, event, or default from which the designated period of 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 documents mailed shall be deemed served at the time of mailing. Section 1.9. Liberal Construction The 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 1.10. Collection of Applicable Fees, Taxes or Fines The Tribal Council shall have the authority to collect all applicable and lawful fees, taxes, and or fines from any person or Licensee as imposed by this Ordinance. The failure of any Licensee to deliver applicable taxes collected on the sale of Alcoholic Beverages shall subject the Licensee to penalties, including, but not limited to the revocation of said License. Article II. Declaration of Public Policy Section 2.1. Matter of Special Interest The possession, sale and consumption of Alcoholic Beverages within the jurisdiction of the Craig Tribal Association are matters of significant concern and special interest to the Tribe. The Tribal Council hereby declares that the policy of the Craig Tribal Association is to eliminate the problems associated with unlicensed, unregulated, and unlawful importation, distribution, possession, and sale of Alcoholic Beverages for commercial purposes and to promote temperance in the use and consumption of Alcoholic Beverages by increasing the Tribe's control over such activities on Tribal lands. Section 2.2. 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, in conformance with applicable state law, when and under what conditions Alcohol, including Alcoholic Beverages, shall be permitted therein (18 U.S.C. 1161). Section 2.3. Need for Regulation The Tribe finds that the Federal Liquor Laws prohibiting the introduction, distribution, possession, sale, and consumption of Alcoholic Beverages within the Tribal lands should be addressed by laws of the Tribe, with all such business activities related thereto subject to the taxing and regulatory authority of the Tribal Council. Section 2.4. Geographic Locations The Tribe finds that the introduction, distribution, possession, sale, and consumption of Alcohol, including Alcoholic Beverages, shall be regulated under this Ordinance only where such activity will be conducted within or upon Tribal lands. Section 2.5. 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, including, but not limited to Alcoholic Beverages as defined herein, but does not mean ethyl or industrial alcohol, diluted or not, that has been denatured or otherwise rendered unfit for purposes or consumption by humans. B. ``Alcoholic Beverage(s)'' when used in this Ordinance means, and shall include any liquor, beer, spirits, or wine, by whatever name they may be called, and from whatever source and by whatever process they may have been produced, and which contain a sufficient percent of alcohol by volume [[Page 45962]] which, by law, makes said beverage subject to regulation as an intoxicating beverage under the laws of the State of Alaska. Alcoholic Beverages include all forms of ``low-point beer'' as defined under the laws of the State of Alaska. C. ``Applicant'' means any person or entity submitting an application to the Tribal Council for an Alcoholic Beverage License and who has not yet received such a License. D. ``Constitution'' means the Constitution of the Craig Tribal Association. E. ``Tribal Council'' means the duly elected legislative body of the Craig Tribal Association authorized to act in and on all matters and subjects upon which the Tribe is empowered to act, now or in the future. F. ``Federal Liquor Laws'' means all laws of the United States of America, including, but not limited to 18 U.S.C. 1154 & 1161, that apply to or regulate in any way the introduction, distribution, possession, or sale of any form of Alcohol on Indian lands. G. ``Legal Age'' means twenty-one (21) years of age. H. ``License'' or ``Alcoholic Beverage License'' means a license issued by the Tribal Council authoring the introduction, or sale of Alcoholic Beverages for commercial purposes under the provisions of the Ordinance. I. ``Licensee'' means a person or entity that holds an Alcohol Beverage License issued by the Tribal Council and includes any employee or agent of the License. J. ``Liquor Store'' means any business, store, or commercial establishment at which Alcohol is sold and shall include any and all business engaged in the sale of Alcoholic Beverages, whether sold as packaged or by the drink. K. ``Alaska Liquor License'' means any license or permit issued by the State of Alaska, including any agency, subdivision, or borough thereof, regulating any form of Alcohol, including, but not limited to any form of Alcoholic Beverage. L. ``Ordinance'' means this Craig Tribal Association Alcohol Control Ordinance, as hereafter amended. M. The words ``package'' or ``packaged'' means the sale of any Alcoholic Beverage by delivery of same by a seller to a purchaser in any container, bag, or receptacle for consumption beyond the premises or location designated on the seller's License. N. The words ``sale(s)'', ``sell'', or ``sold'' means the exchange, barter, traffic, furnishing, or giving away of any Alcoholic Beverage by any and all means, by whatever name commonly used to describe the same, by any entity or person to another person. O. ``Tribal Council'' shall mean the Craig Tribal Association Council and will include its duly authorized delegees. P. ``Tribal lands'' 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 Craig Tribal Association, including, but not limited to all lands held in trust by the federal government, located within the same, as are now in existence or may hereafter be added to. Q. ``Tribal law'' means the Constitution of the Craig Tribal Association, and all laws, ordinances, codes, resolutions, and regulations now and hereafter duly enacted by the Tribe. R. ``Tribe'' shall mean the Craig Tribal Association. Article III. Sales of Alcoholic Beverages Section 3.1. Prohibition of the Unlicensed Sale of Alcoholic Beverages This Ordinance prohibits the introduction, distribution, or sale of Alcoholic Beverages, other than where conducted by a Licensee in possession of 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 all penalties and provisions of any and all applicable Federal, Tribal and State laws. Section 3.2. License Required A. Any and all sales of Alcoholic Beverages conducted upon Tribal lands must be Licensed and the Licensee must: (i) Hold a current Alcoholic Beverage License, duly issued by the Tribal Council; and (ii) prominently and conspicuously display the License on the premises or location designated on the license. B. A Licensee has the right to engage only in those activities involving Alcoholic Beverages expressly authorized by such License in accordance with this Ordinance. Section 3.3. Sales for Cash All sales of Alcoholic Beverages conducted by any person or entity upon Tribal lands shall be conducted on a cash-only basis, and no ``account for credit with Licensee'' 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). Section 3.4. Personal Consumption All sales of Alcoholic Beverages shall be for the personal use and consumption of the purchaser and his/her guest(s) of Legal Age. The re- sale by any entity not licensed as required by this Ordinance is prohibited. Section 3.5. Tribal Enterprise No employee or operator of an entity owned by the Tribe shall sell or permit any person to open or consume any Alcoholic Beverage on any premises or location, or any premises adjacent thereto, under his or her control, unless such activity is properly licensed as provided in this Ordinance. Article IV. Licensing Section 4.1. Eligibility Only Applicants operating upon Tribal lands shall be eligible to receive a License for the sale of any Alcoholic Beverage under this Ordinance. Section 4.2. Application Process A. The Tribal Council may cause a License to be issued to any Applicant as it may deem appropriate, but not contrary to the best interests of the Tribe and its Tribal members. Any applicant that desires to receive any Alcohol Beverage License, and that meets the eligibility requirements pursuant to this Ordinance, must apply to the Tribal Council for the desired class of License. Applicants shall (i) Fully and accurately complete the application provided by the Tribal Council; (ii) pay the Tribal Council such application fee as may be required; and (iii) submit such application to the Tribal Council for consideration. B. All application fees paid to the Tribal Council are nonrefundable upon submission of any such application. Each application shall require the payment of a separate application fee. The Tribal Council may waive fees at its discretion. Section 4.3. Term and Renewal of Licenses A. With the exception of a Temporary License, the term of all Licenses issued under this Ordinance shall be 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 regulations hereafter adopted by the Tribal Council. B. Each License may be considered for renewal by the Tribal Council annually [[Page 45963]] upon the Licensee's submission of a new application and payment of all required fees. Such renewal application shall be submitted to the Tribal Council at least sixty (60) days and no more than ninety (90) days prior to the expiration of an existing License. If a License is not renewed prior to its expiration, the Licensee shall cease and desist all activity as permitted under the License, including the sale of any Alcoholic Beverages, until the renewal of such License is properly approved by the Tribal Council. Section 4.4. Classes of Licenses The Tribal Council shall have the authority to issue the following classes of Alcoholic Beverage License: A. ``Retail On-Site Beer and Wine License'' authorizing the Licensee to sell only beer and wine at retail at the location designated in the License. B. ``Temporary or Provisional License'' authorizing the sale of Alcoholic Beverages on a temporary basis for premises or at a location temporarily occupied by the Licensee for a picnic, social gathering, or similar occasion, as allowed by Federal and State law. A Temporary or Provisional License may not be renewed upon expiration. A new application must be submitted for each such License. Section 4.5. Application Form and Content An application for any License shall be made to the Tribal Council and shall contain at least the following information: A. The name and address of the Applicant, including the names and addresses of the principal officers, directors, managers and other employees with primary management responsibility related to the sale of Alcoholic 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 Alcoholic Beverages; D. For Temporary Licenses, the dates for which the License is sought to be in affect; E. The class of Alcoholic Beverage License applied for, as set forth in Section 4.4 herein; F. Whether the Applicant has an Alaska Liquor License; a copy of such License, and any other applicable license, shall be submitted to and retained by the Tribal Council; G. A sworn statement by the Applicant to the effect that none of the Applicant's officers, directors, managers, and or employees with primary management responsibility related to the sale of Alcoholic Beverages, have ever been convicted of a felony under the law of any jurisdiction, 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 signed and verified by the Applicant under oath and notarized by a duly authorized representative. Section 4.6. Action on the Application The Tribal Council shall have the authority to deny or approve the application, consistent with this Ordinance and the laws of the Tribe. Upon approval of an application, the Tribal Council shall issue a License to the Applicant in a form to be approved from time to time by the Tribal Council. The Tribal Council shall have the authority to issue a temporary or provisional license pending the foregoing approval process. Section 4.7. 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 materially misrepresented facts outlined contained in the application; B. The Applicant is currently not in compliance with this Ordinance or any 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 has been entered against or a plea of nolo contendere has been entered by an Applicant's officer, director, manager, or any other employee with primary management responsibility related to the sale of Alcoholic Beverages, to any offense under Tribal, Federal, or State laws prohibiting or regulating the sale, use, possession, or giving away of Alcoholic Beverages. No person who has been convicted of a felony shall be eligible to hold license. Section 4.8. Temporary Denial If the application is denied solely on the basis of Section 4.7(D), the Tribal Council shall, within fourteen (14) days of such action, deliver in person or by mail a written notice of temporary denial to the Applicant. Such notice of temporary denial shall: (i) Set forth the reason(s) for denial; and (ii) state that the temporary denial will become a permanent denial if the reason(s) for the denial or not corrected within fifteen (15) days following the mailing or personal delivery of such notice. Section 4.9. Cure If an applicant is denied a License for any reason stated in Section 4. 7 ``Denial of License or Renewal'', 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 License, and the appropriate fee shall be due upon re-submission. Section 4.10. Investigation Upon receipt of an application for the issuance, or renewal of a License, the Tribal Council shall make a thorough investigation to determine whether the Applicant and the premises or location for which a License is applied for qualifies for a License, and whether the provisions of this Ordinance have been complied with. The Tribal Council shall investigate all matters connected herewith which may affect the public health, welfare and morals of the Tribe, community, etc. Section 4.11. Procedures for Appealing a Denial or Condition of Application Any Applicant for a License or Licensee who believes the denial of their License or request for renewal of their License is wrongfully determined in accordance with the Rules, Regulations and Enforcement of this Ordinance which are outlined in Article VI, Sections 6.1 through 6.11, may appeal the decision of the Tribal Council. Section 4.12. Revocation of License The Tribal Council may initiate action to revoke a License whenever it is brought to the attention of the Tribal Council that a Licensee: A. Has materially misrepresented facts contained in any License application; B. Is not in compliance with this Ordinance or any other Tribal, State or Federal laws material to the issue of Alcohol licensing; C. Failed to comply with any condition of a License, including failure to pay taxes on the sale of Alcoholic Beverages or failure to pay any fee required under this Ordinance; D. Has a verdict, or judgement entered against, or has a plea of nolo contendere entered by any of its officers, directors, managers or any employees with primary responsibility over the sale of Alcoholic Beverages, as to any offense under Tribal, Federal or State laws prohibiting or regulating the sale, use, or [[Page 45964]] possession, of Alcoholic Beverages or a felony of any kind. E. Failed to take reasonable steps to correct objectionable conditions constituting a nuisance on the premises or location designated in the License, or any adjacent area under their control, within a reasonable time after receipt of a notice to make such corrections has been mailed or personally delivered by the Tribal Council; or F. Has had an Alaska Liquor License suspended or revoked. Section 4.13. Initiation of Revocation Proceedings Revocation proceedings may be initiated by either: (i) The Tribal Council, on its own motion and through the adoption of an appropriate resolution meeting the requirements of this section; or (ii) by any person who files a complaint with the Tribal Council. 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 Tribal Council to revoke the License(s). Section 4.14. Revocation Hearing If a Complaint is made stating facts which specify grounds to revoke a License under this Ordinance, a hearing held on this complaint shall be held under such rules and regulations as the Tribal Council 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 Tribal Council. The Tribal Council shall render its decision within sixty (60) days after the date of the hearing. The decision of the Tribal Council shall be final. Section 4.15. Delivery of License Upon revocation of a License, the Licensee shall forthwith deliver their License to the Tribal Council. Section 4.16. Transferability of Licenses Alcoholic Beverage Licenses shall be issued to a specific Licensee for use at a single premises or specific location and shall not be transferable for use by any other premises or location. Section 4.17. Posting of License Every Licensee shall post and keep posted its License(s) in a prominent and conspicuous place(s) on the premises or location designated in the License. Any License posted on a premises or location not designated in such License shall not be considered valid and shall constitute a separate violation of this Ordinance. Article V. Powers of Enforcement Section 5.1. Tribal Council In furtherance of this Ordinance, the Tribal Council shall have exclusive authority to administer and implement this Ordinance and shall have the following powers and duties hereunder: A. To adopt and enforce rules and regulations governing the sale, distribution, and possession of Alcoholic Beverages within the Tribal lands of the Craig Tribal Association; B. To employ such persons as may be reasonably necessary to perform all administrative and regulatory responsibilities of the Tribal Council hereunder. All such employees shall be employees of the Tribe; C. To issue Licenses permitting the sale, distribution, and possession of Alcoholic Beverages within the Tribal lands; D. To give reasonable notice and to hold hearings on violations of this Ordinance; E. To deny applications and renewals for Licenses and revoke issued Licenses as provided in this Ordinance; F. To bring such other actions as may be required by applicable Tribal or Federal law or regulation; and G. To collect taxes, fees, and penalties as may be required, imposed, or allowed by applicable Tribal or Federal law or regulation, and to keep accurate books, records, and accounts of the same. Section 5.2. Right of Inspection Any premises or location of any person or entity licensed to, distribute, or sell Alcoholic Beverages pursuant to this Ordinance shall be open for inspection by the Tribal Council for the purpose of ensuring the compliance or noncompliance of the License with all provisions of this Ordinance and any applicable Tribal laws or regulations. Section 5.3. Limitation of Powers In the exercise of its powers and duties under this Ordinance, agents, employees, or any other affiliated persons of the Tribal Council shall not, whether individually or as a whole accept any gratuity, compensation, or other thing of value from any Alcoholic Beverage wholesaler, retailer, or distributor, or from any Applicant or Licensee. Article VI. Rules, Regulations, and Enforcement Section 6.1. Sale or Distribution on Tribal Lands Without a License Any person or entity who sells or offers for sale or distribution any Alcoholic Beverage in violation of this Ordinance, or who operates any business on Tribal lands that has Alcoholic Beverages for sale or in their possession without a proper License properly posted as required in Section 4.17, shall be in violation of this Ordinance. Section 6.2. Unlawful Purchase Any person who purchases any Alcoholic Beverage on Tribal lands from a person or entity that does not have a License to sell Alcoholic Beverages properly posted shall be in violation of this Ordinance. Section 6.3. Intent To Sell Any persons who keeps or possesses, or causes another to keep or possess, upon his person or on premises within his control, any Alcoholic 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 6.4. Sale to Intoxicated Person Any person who knowingly sells an Alcoholic Beverage to a person who is visibly intoxicated shall be in violation of this Ordinance and shall be subject to the penalties of a court with jurisdictional authority. Section 6.5. Age of Consumption No person under the age of twenty-one (21) years may possess, purchase or consume any Alcoholic Beverage on Tribal lands, and any such possession or consumption shall be in violation of this Ordinance and shall be subject to the penalties of a court with jurisdictional authority. Section 6.6. Serving Underage Person No person shall sell, or serve any Alcoholic Beverage to a person under the age of twenty-one (21) years, or permit any such person to possess or consume any Alcoholic Beverage on the premises or on any premises under their control. Any Licensee violating this section shall be guilty of a separate violation of this Ordinance for each and every Alcoholic Beverage sold or served and or consumed by such an underage person. Section 6.7. False Identification Any person who purchases or who attempts to purchase any Alcoholic Beverage through the use of false, or altered identification that falsely purports to show such person to be over the age of twenty-one (21) years shall be in violation of this Ordinance. Section 6.8. Documentation of Age Any seller or server of any Alcoholic Beverage shall be required to request [[Page 45965]] proper and satisfactory documentation of age of any person who appears to be thirty (30) years of age or younger. When requested by a seller or server of Alcoholic Beverages, every person shall be required to present proper and satisfactory documentation of the bearer's age, signature, and photograph prior to the purchase or delivery of any Alcoholic Beverage. For purposes of this Ordinance, proper and satisfactory documentation shall include one or more of the following: A. A Driver's License or personal identification card issued by any state department of motor vehicles; B. United States active duty military credentials; C. Passport. Any seller, server, or person attempting to purchase Alcoholic Beverages who does not comply with the requirements of this section shall be in violation of this Ordinance and subject to penalties, as determined by the court with jurisdictional authority. Section 6.9. General Penalties A. Any person or entity determined by the Tribal Council to be in violation of this Ordinance, including any unlawful regulation promulgated pursuant thereto, shall be subject to a civil penalty of not more than Five Hundred Dollars ($500.00) for each such violation, except as provided herein. The Tribal Council may adopt by resolution a separate written schedule for fines for each type of violation, taking into account the seriousness and threat the violation may pose to the general public health and welfare. Such schedule may also provide, in the case of repeated violations, for imposition of monetary penalties greater than Five Hundred Dollars ($500.00) per violation limitation set forth above. The civil penalties provided herein shall be in addition to any criminal penalties that may be imposed under any other Tribal, Federal, or State laws. B. Any person or entity determined by the Tribal Council to be in violation of this Ordinance, including any lawful regulation promulgated pursuant thereto, may be subject to ejection or exclusion from Tribal land or any Tribal facility. Section 6.10. Initiation of Action Any violation of this Ordinance shall constitute a public nuisance. The Tribal Council may initiate and maintain in a court with jurisdictional authority, an action to abate and permanently enjoin any nuisance declared under this Ordinance. Any action taken under the section shall be in addition to any other civil penalties provided for in this Ordinance. Section 6.11. Contraband; Seizure; Forfeiture All Alcoholic Beverages held, owned, or possessed within Tribal lands by any person, entity, or Licensee operating in violation of this Ordinance are hereby declared to be contraband and subject to seizure and forfeiture to the Tribe. A. Seizure of contraband as defined in this Ordinance shall be done by the Tribal Council, with the assistance of law enforcement upon request; and all such contraband seized shall be inventoried and maintained by the Tribal Council, the governing body of the tribe that will serve as an Administrative Court for these proceedings, pending a final order of the Tribal Council. 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 a final order of the Tribal Council. The proceeds from such a sale are subject to forfeiture in lieu of the seized contraband. B. Within ten (10) days following the seizure of such contraband, a hearing shall be held by the Tribal Council, 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. C. Notice of the hearing of at least ten (10) days shall be given to the person from whom the property was seized and the owner, if known. If the owner is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at the other public places on Tribal lands. The notice shall describe the property seized, and the time, place, and cause of the seizure, and list 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 Tribal Council shall thereupon enter a judgment of forfeiture, and all such contraband shall become the property of the Craig Tribal Association. If upon the hearing the evidence does not warrant forfeiture, the seized property shall be immediately returned to the owner. The judgment of the Tribal Council shall be final and non[middot]appealable. Article VII. Nuisances Section 7.1. Nuisance Under a determination by the Tribal Council that any such place or activity is a nuisance under any provision of this Ordinance, the Tribal Council may impose injunctive relief which may include a closure of any business or other use of the property for up to one (1) year from the date of the such injunctive relief. Arcticle VIII. Revenue and Reporting Section 8.1. Use and Appropriation of Revenue Received All fees, taxes, payments, fines, costs, assessment, and any other revenues collected by the Craig Tribal Association 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 for appropriation by the Tribal Council to the Tribe for essential governmental services. Section 8.2. Audit The Craig Tribal Association and its handling of all funds collected under this Ordinance is subject to review and Audit as part of the annual financial audit of the Tribe. Section 8.3. Reports Reports shall be submitted to the Tribal Council consisting of: quarterly reports and an accounting of all fees, taxes, payments, fines, costs, assessments, and all other revenues collected and expended pursuant to this Ordinance. Article IX. Miscellaneous Section 9.1. Severability If any provision or application of this Ordinance is found invalid and or unenforceable by a court of competent jurisdiction, 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 provisions to be inapplicable to other persons or circumstances. Section 9.2. Construction Nothing in this Ordinance shall be construed to diminish or impair in any way the rights or sovereign powers of the Craig Tribal Association. Section 9.3. Effective Date This Ordinance shall be effective after the Secretary of the Interior certifies the Ordinance and on the date it is published in the Federal Register. Section 9.4. Prior Law Repealed Any and all prior enactments of the Craig Tribal Association that are inconsistent with the provisions of this Ordinance are hereby rescinded. [[Page 45966]] Section 9.5. Amendment Amendments must be approved and published in the Federal Register. The effective date of an amendment is 30 days after publication. Section 9.6. Sovereign Immunity The Sovereign Immunity of the Craig Tribal Association shall not be waived by this Ordinance. [FR Doc. 2018-19731 Filed 9-10-18; 8:45 am] BILLING CODE 4337-15-P
![45960 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices
DEEDED TO MARICOPA COUNTY BY ON THE SOUTH RIGHT OF WAY LINE DEPARTMENT OF THE INTERIOR
QUIT CLAIM DEED RECORDED JULY OF SAID NORTHERN AVENUE;
16 IN DOCKET 2539, PAGE 134; AND THENCE EAST ALONG SAID RIGHT Bureau of Indian Affairs
ALSO OF WAY LINE A DISTANCE OF 336.74
EXCEPT A PART OF THE FEET TO THE TRUE POINT OF [189A2100DD/AAKC001030/
NORTHEAST QUARTER OF SECTION BEGINNING. A0A501010.999900 253G]
4, TOWNSHIP 2 NORTH, RANGE 1 Parcel No. 4
EAST OF THE GILA AND SALT RIVER Craig Tribal Association of Craig,
BASE AND MERIDIAN, MARICOPA BEING A PARCEL OF LAND Alaska’s Alcohol Control Ordinance
COUNTY, ARIZONA, MORE FULLY SITUATED IN THE NORTHEAST
DESCRIBED AS FOLLOWS: QUARTER OF SECTION 4, TOWNSHIP AGENCY: Bureau of Indian Affairs,
COMMENCING AT THE 2 NORTH, RANGE 1 EAST, OF THE Interior.
NORTHEAST CORNER OF SAID GILA AND SALT RIVER BASE AND
SECTION 4; MERIDIAN, MARICOPA COUNTY, ACTION: Notice.
THENCE WEST ALONG THE NORTH ARIZONA, BEING MORE
LINE OF SAID SECTION A DISTANCE PARTICULARLY DESCRIBED AS SUMMARY: This notice publishes the
OF 715.49 FEET; FOLLOWS: liquor control ordinance of the Craig
THENCE SOUTH 01 DEGREES 46 COMMENCING AT THE Tribal Association of Craig, Alaska. The
MINUTES 37 SECONDS WEST NORTHEAST CORNER OF SAID liquor control ordinance regulates and
(MEASURED) SOUTH 01 DEGREES 45 SECTION 4; controls the possession, sale,
MINUTES 56 SECONDS WEST THENCE WEST, ALONG THE
manufacture, and distribution of alcohol
(RECORD) A DISTANCE OF 40.02 FEET NORTH LINE OF SAID SECTION 4, A
DISTANCE OF 715.49 FEET; in conformity with the laws of the State
TO A POINT ON THE SOUTH RIGHT of Alaska.
OF WAY LINE OF NORTHERN THENCE SOUTH 01 DEGREES 46
AVENUE AND THE TRUE POINT OF MINUTES 37 SECONDS WEST DATES:This Ordinance takes effect
BEGINNING; (MEASURED), (SOUTH 01 DEGREES 45 September 11, 2018.
THENCE CONTINUING SOUTH 01 MINUTES 56 SECONDS WEST
RECORD) A DISTANCE OF 402.02 FOR FURTHER INFORMATION CONTACT: Ms.
DEGREES 46 MINUTES 37 SECONDS
FEET; Jolene John, Tribal Operations Officer,
WEST (MEASURED) SOUTH 01
DEGREES 45 MINUTES 56 SECONDS THENCE EAST, A DISTANCE OF Alaska Regional Office, Bureau of
WEST (RECORD) A DISTANCE OF 50.02 FEET (MEASURED) (50.00 FEET Indian Affairs, 3601 C Street, Suite
RECORD) TO A POINT IN THE EAST 1200, Anchorage, Alaska 99503,
362.00 FEET;
THENCE EAST A DISTANCE OF LINE OF THE WEST HALF OF THE telephone: (907) 271–4043, fax: (907)
50.00 FEET TO A POINT ON THE EAST NORTHEAST QUARTER OF SAID 271–4083.
LINE OF THE WEST HALF OF THE SECTION 4;
THENCE ALONG SAID EAST LINE, SUPPLEMENTARY INFORMATION: Pursuant
NORTHEAST QUARTER OF THE to the Act of August 15, 1953, Public
SOUTH 01 DEGREES 46 MINUTES 37
NORTHEAST QUARTER OF SAID Law 82–277, 67 Stat. 5856, 18 U.S.C.
SECONDS WEST, (MEASURED)
SECTION 4; 1161, as interpreted by the Supreme
(SOUTH 01 DEGREES 45 MINUTES 56
THENCE SOUTH 01 DEGREES 46
SECONDS WEST RECORD) A Court in Rice V. Rehner, 463 U.S. 713
MINUTES 37 SECONDS WEST
DISTANCE OF 864.48 FEET TO THE (1983), the Secretary of the Interior shall
(MEASURED) SOUTH 01 DEGREES 45
POINT OF BEGINNING; certify and publish in the Federal
MINUTES 56 SECONDS WEST THENCE SOUTH 89 DEGREES 51
(RECORD) ALONG SAID EAST LINE A Register notice of adopted liquor control
MINUTES 13 SECONDS WEST, ordinances for the purpose of regulating
DISTANCE OF 864.48 FEET TO THE (MEASURED) (SOUTH 89 DEGREES 50
SOUTHEAST CORNER OF SAID WEST liquor transactions in Indian Country.
MINUTES 32 SECONDS WEST The Craig Tribal Association of Craig,
HALF OF THE NORTHEAST QUARTER RECORD) A DISTANCE OF 10.00 FEET;
OF THE NORTHEAST QUARTER; Alaska duly adopted the Craig Tribal
THENCE SOUTH 01 DEGREES 46
THENCE SOUTH 89 DEGREES 51 MINUTES 37 SECONDS WEST Association of Craig, Alaska’s Alcohol
MINUTES 13 SECONDS WEST (MEASURED), (SOUTH 01 DEGREES 45 Control Ordinance on November 14,
(MEASURED) SOUTH 89 DEGREES 50 MINUTES 56 SECONDS WEST 2017, and subsequently amended it on
MINUTES 32 SECONDS WEST RECORD) A DISTANCE OF 92.13 FEET March 21, 2018, April 18, 2018, and
(RECORD) A DISTANCE OF 10.00 (MEASURED) (92.05 FEET RECORD); June 14, 2018.
FEET; THENCE NORTH 89 DEGREES 51 This notice is published in
THENCE SOUTH 01 DEGREE 45 MINUTES 13 SECONDS EAST, A accordance with the authority delegated
MINUTES 56 SECONDS WEST A DISTANCE OF 10.00 FEET TO A POINT
DISTANCE OF 92.05 FEET; by the Secretary of the Interior to the
IN SAID EAST LINE OF THE WEST Assistant Secretary—Indian Affairs. I
THENCE SOUTH 89 DEGREES 51 HALF OF THE NORTHEAST QUARTER
MINUTES 13 SECONDS WEST, A certify that the Craig Tribal Association
OF SAID SECTION 4; of Craig, Alaska duly adopted by
DISTANCE OF 376.13 FEET THENCE ALONG SAID EAST LINE,
(MEASURED) SOUTH 89 DEGREES 50 resolution the Craig Tribal Association
NORTH 01 DEGREES 46 MINUTES 37
MINUTES 32 SECONDS WEST A of Craig, Alaska’s Alcohol Control
SECONDS EAST, A DISTANCE OF
DISTANCE OF 376.11 FEET (RECORD); 92.13 FEET TO THE POINT OF Ordinance enacted November 14, 2017,
daltland on DSKBBV9HB2PROD with NOTICES
THENCE NORTH 01 DEGREES 44 BEGINNING. by Res. No. CTA 2017–43 and amended
MINUTES 53 SECONDS EAST March 21, 2018, April 18, 2018, and
(MEASURED) NORTH 01 DEGREES 44 Dated: August 22, 2018.
June 14, 2018 by vote of the council to
MINUTES 12 SECONDS EAST Tara Sweeney, clarify language and to correct
(RECORD) A DISTANCE OF 1319.58 Assistant Secretary—Indian Affairs. organizational errors.
FEET TO A POINT 40.02 FEET SOUTH [FR Doc. 2018–19730 Filed 9–10–18; 8:45 am]
OF THE NORTH SECTION LINE AND BILLING CODE 4337–15–P
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![45966 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices
Section 9.5. Amendment certify that the Ponca Tribe of Nebraska 4. ‘‘Board member’’ means a member
Amendments must be approved and Tribal Council duly adopted by of the Board.
published in the Federal Register. The Resolution this Liquor Control 5. ‘‘Brewer’’ means any person
effective date of an amendment is 30 Ordinance by Resolution No. 18–43, on engaged in the business of
days after publication. July 21, 2018. manufacturing beer.
Dated: August 22, 2018. 6. ‘‘Distiller’’ means any person
Section 9.6. Sovereign Immunity engaged in the business of distilling
Tara Sweeney,
The Sovereign Immunity of the Craig Assistant Secretary—Indian Affairs.
spirits.
Tribal Association shall not be waived 7. ‘‘Distribute’’ means to deliver or
The Ponca Tribe of Nebraska’s Liquor sell liquor products prior to retail sale.
by this Ordinance.
Control Ordinance shall read as follows: 8. ‘‘Liquor’’ means alcohol, beer,
[FR Doc. 2018–19731 Filed 9–10–18; 8:45 am]
BILLING CODE 4337–15–P PONCA TRIBE OF NEBRASKA spirits, wine, all other fermented,
spirituous, vinous, or malt liquors, or
TITLE XVI
combinations thereof, and mixed liquor,
DEPARTMENT OF THE INTERIOR LIQUOR CONTROL a part of which is fermented, spirituous,
CHAPTER 1 vinous or malt liquor or otherwise
Bureau of Indian Affairs intoxicating, and includes every liquid,
GENERAL PROVISIONS solid, semi-solid or other substance,
[189A2100DD/AAAA003010/
A0T602020.999900]
Section 16–1–1. Authority. This Title patented or not, containing alcohol,
is enacted by the Tribal Council: beer, spirits, or wine and all
Ponca Tribe of Nebraska Liquor 1. Pursuant to and in accordance with preparations or mixtures of liquor
Control Ordinance Article V, Section 1(j), (l), (o) and (p) of capable of human consumption.
the Constitution; 9. ‘‘Manufacturer’’ means a person
AGENCY: Bureau of Indian Affairs, 2. Pursuant to and in accordance with engaged in the preparation of liquor for
Interior. federal statutes and other laws, sale in any form whatsoever, including
ACTION: Notice. including the Act of August 15, 1953, 67 brewers, distillers, and wineries.
Stat. 586, codified at 18 U.S.C. 1161, 10. ‘‘On-sale’’ means the sale of liquor
SUMMARY: This notice publishes the which provide a federal legal basis for for consumption upon the premises
Ponca Tribe of Nebraska’s Liquor the Tribe to regulate liquor on Tribal where sold.
Control Ordinance. This Liquor Control lands; and 11. ‘‘Off-sale’’ means the sale of liquor
Ordinance is to regulate and control the 3. In conformity with applicable state for consumption off the premises where
possession, sale, manufacture, and laws. sold.
distribution of alcohol in conformity Section 16–1–2. Purpose. The Tribe 12. ‘‘Retailer’’ means any person who
with the laws of the State of Nebraska wishes to exercise its sovereignty and acquires liquor from a wholesaler or
for the purpose of generating new Tribal federal delegated authority to control otherwise sells, distributes, or gives
revenues. Enactment of this Ordinance liquor on Tribal lands and, therefore, away any liquor from any location or
will help provide a source of revenue to the purpose of this Title is: facility for any purpose other than resale
strengthen Tribal government, provide 1. To control liquor distribution, sale
or further processing.
for the economic viability of Tribal and possession on Tribal lands;
13. ‘‘Sale’’ means the transfer of
enterprises, and improve delivery of 2. To establish procedures for the
ownership of, title to, or possession of
Tribal government services. licensing of the manufacture,
goods for money, other goods, services,
DATES: This Ordinance takes effect on distribution and sale of liquor on Tribal
or other valuable consideration,
September 11, 2018. lands; and
3. To otherwise regulate the including bartering, trading,
FOR FURTHER INFORMATION CONTACT: Mr. exchanging, renting, leasing, conditional
manufacture, distribution, sale and
Todd Gravelle, Supervisory Tribal sales, and any sales where possession of
consumption of liquor.
Operations Specialist, Great Plains Section 16–1–3. Definitions. Unless goods is given to the buyer but title is
Regional Office, Bureau of Indian the context requires otherwise or retained by the seller as security for the
Affairs, 115 Fourth Avenue South East, another definition is provided for a payment of the purchase price.
Suite 400, Aberdeen, South Dakota particular chapter or section, in this 14. ‘‘Spirits’’ means any beverage
57401 Telephone: (605) 226–7376, Fax: Title: which contains alcohol obtained by
(605) 226–7379. 1. ‘‘Alcohol’’ means the product of distillation, whether mixed with water
SUPPLEMENTARY INFORMATION: Pursuant distillation of any fermented liquid, or other substance in solution, and
to the Act of August 15, 1953, Public whether rectified or diluted, whatever includes brandy, rum, whiskey, gin, or
Law 83–277, 67 Stat. 586, 18 U.S.C. the origin, and includes synthetic ethyl other spirituous liquors and such
1161, as interpreted by the Supreme alcohol and alcohol processed or sold in liquors when rectified, blended, or
Court in Rice v. Rehner, 463 U.S. 713 a gaseous form, but excludes denatured otherwise mixed with alcohol or other
(1983), the Secretary of the Interior shall alcohol or wood alcohol. substances.
certify and publish in the Federal 2. ‘‘Beer’’ means any beverage 15. ‘‘Tribal Court’’ means the Ponca
Register notice of adopted liquor control obtained by the alcoholic fermentation Tribe of Nebraska Tribal Court.
laws for the purpose of regulating liquor of an infusion or decoction of pure 16. ‘‘Tribal lands’’ means:
transactions in Indian country. The hops, or pure extract of hops and pure a. All lands held in trust by the
daltland on DSKBBV9HB2PROD with NOTICES
Ponca Tribe of Nebraska duly adopted barley malt or other wholesome grain or United States for the benefit of the Tribe
the Liquor Control Ordinance on July cereal in pure water and includes, but or its members;
21, 2018. is not limited to, beer, ale, malt liquor, b. All fee lands owned by the Tribe
This notice is published in stout, lager beer, porter, near beer, and located within one or more of the
accordance with the authority delegated flavored malt beverage, and hard cider. Tribe’s service areas as defined by
by the Secretary of the Interior to the 3. ‘‘Board’’ means the Ponca Tribe of Public Law 101–484 and any
Assistant Secretary—Indian Affairs. I Nebraska Liquor Control Board. amendments thereto; and
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Document Created: 2018-09-11 01:03:20
Document Modified: 2018-09-11 01:03:20
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | This Ordinance takes effect September 11, 2018. | |
| Contact | Ms. Jolene John, Tribal Operations Officer, Alaska Regional Office, Bureau of Indian Affairs, 3601 C Street, Suite 1200, Anchorage, Alaska 99503, telephone: (907) 271-4043, fax: (907) 271-4083. | |
| FR Citation | 83 FR 45960 |
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