83_FR_46142 83 FR 45966 - Ponca Tribe of Nebraska Liquor Control Ordinance

83 FR 45966 - Ponca Tribe of Nebraska Liquor Control Ordinance

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 83, Issue 176 (September 11, 2018)

Page Range45966-45976
FR Document2018-19733

This notice publishes the Ponca Tribe of Nebraska's Liquor Control Ordinance. This Liquor Control Ordinance is to regulate and control the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of Nebraska for the purpose of generating new Tribal revenues. Enactment of this Ordinance will help provide a source of revenue to strengthen Tribal government, provide for the economic viability of Tribal enterprises, and improve delivery of Tribal government services.

Federal Register, Volume 83 Issue 176 (Tuesday, September 11, 2018)
[Federal Register Volume 83, Number 176 (Tuesday, September 11, 2018)]
[Notices]
[Pages 45966-45976]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19733]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[189A2100DD/AAAA003010/A0T602020.999900]


Ponca Tribe of Nebraska Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Ponca Tribe of Nebraska's Liquor 
Control Ordinance. This Liquor Control Ordinance is to regulate and 
control the possession, sale, manufacture, and distribution of alcohol 
in conformity with the laws of the State of Nebraska for the purpose of 
generating new Tribal revenues. Enactment of this Ordinance will help 
provide a source of revenue to strengthen Tribal government, provide 
for the economic viability of Tribal enterprises, and improve delivery 
of Tribal government services.

DATES: This Ordinance takes effect on September 11, 2018.

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 Ponca Tribe of Nebraska duly 
adopted the Liquor Control Ordinance on July 21, 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 Ponca Tribe of Nebraska Tribal Council duly 
adopted by Resolution this Liquor Control Ordinance by Resolution No. 
18-43, on July 21, 2018.

    Dated: August 22, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

    The Ponca Tribe of Nebraska's Liquor Control Ordinance shall read 
as follows:

PONCA TRIBE OF NEBRASKA

TITLE XVI

LIQUOR CONTROL

CHAPTER 1

GENERAL PROVISIONS

    Section 16-1-1. Authority. This Title is enacted by the Tribal 
Council:
    1. Pursuant to and in accordance with Article V, Section 1(j), (l), 
(o) and (p) of the Constitution;
    2. Pursuant to and in accordance with federal statutes and other 
laws, including the Act of August 15, 1953, 67 Stat. 586, codified at 
18 U.S.C. 1161, which provide a federal legal basis for the Tribe to 
regulate liquor on Tribal lands; and
    3. In conformity with applicable state laws.
    Section 16-1-2. Purpose. The Tribe wishes to exercise its 
sovereignty and federal delegated authority to control liquor on Tribal 
lands and, therefore, the purpose of this Title is:
    1. To control liquor distribution, sale and possession on Tribal 
lands;
    2. To establish procedures for the licensing of the manufacture, 
distribution and sale of liquor on Tribal lands; and
    3. To otherwise regulate the manufacture, distribution, sale and 
consumption of liquor.
    Section 16-1-3. Definitions. Unless the context requires otherwise 
or another definition is provided for a particular chapter or section, 
in this Title:
    1. ``Alcohol'' means the product of distillation of any fermented 
liquid, whether rectified or diluted, whatever the origin, and includes 
synthetic ethyl alcohol and alcohol processed or sold in a gaseous 
form, but excludes denatured alcohol or wood alcohol.
    2. ``Beer'' means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesome grain or cereal in pure 
water and includes, but is not limited to, beer, ale, malt liquor, 
stout, lager beer, porter, near beer, flavored malt beverage, and hard 
cider.
    3. ``Board'' means the Ponca Tribe of Nebraska Liquor Control 
Board.
    4. ``Board member'' means a member of the Board.
    5. ``Brewer'' means any person engaged in the business of 
manufacturing beer.
    6. ``Distiller'' means any person engaged in the business of 
distilling spirits.
    7. ``Distribute'' means to deliver or sell liquor products prior to 
retail sale.
    8. ``Liquor'' means alcohol, beer, spirits, wine, all other 
fermented, spirituous, vinous, or malt liquors, or combinations 
thereof, and mixed liquor, a part of which is fermented, spirituous, 
vinous or malt liquor or otherwise intoxicating, and includes every 
liquid, solid, semi-solid or other substance, patented or not, 
containing alcohol, beer, spirits, or wine and all preparations or 
mixtures of liquor capable of human consumption.
    9. ``Manufacturer'' means a person engaged in the preparation of 
liquor for sale in any form whatsoever, including brewers, distillers, 
and wineries.
    10. ``On-sale'' means the sale of liquor for consumption upon the 
premises where sold.
    11. ``Off-sale'' means the sale of liquor for consumption off the 
premises where sold.
    12. ``Retailer'' means any person who acquires liquor from a 
wholesaler or otherwise sells, distributes, or gives away any liquor 
from any location or facility for any purpose other than resale or 
further processing.
    13. ``Sale'' means the transfer of ownership of, title to, or 
possession of goods for money, other goods, services, or other valuable 
consideration, including bartering, trading, exchanging, renting, 
leasing, conditional sales, and any sales where possession of goods is 
given to the buyer but title is retained by the seller as security for 
the payment of the purchase price.
    14. ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, whether mixed with water or other substance in 
solution, and includes brandy, rum, whiskey, gin, or other spirituous 
liquors and such liquors when rectified, blended, or otherwise mixed 
with alcohol or other substances.
    15. ``Tribal Court'' means the Ponca Tribe of Nebraska Tribal 
Court.
    16. ``Tribal lands'' means:
    a. All lands held in trust by the United States for the benefit of 
the Tribe or its members;
    b. All fee lands owned by the Tribe and located within one or more 
of the Tribe's service areas as defined by Public Law 101-484 and any 
amendments thereto; and

[[Page 45967]]

    c. All lands of the Tribe or its members defined as Indian country 
by 18 U.S.C. 1151, including dependent Indian communities.
    17. ``Wholesaler'' means any person who acquires or otherwise 
possesses liquor for resale or otherwise sells, distributes, resells or 
gives away liquor to a retailer.
    18. ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits, vegetables or other agricultural products containing sugar, 
including such beverages when fortified by the addition of alcohol or 
spirits.
    Section 16-1-4. Consent to Jurisdiction. Any person who resides on 
Tribal lands or conducts business or engages in a business transaction 
on Tribal lands or with the Tribe, enters into a consensual 
relationship with Tribe, acts under Tribal authority, or enters on 
Tribal lands shall be deemed to have consented to the following:
    1. To be bound by the terms of this Title; and
    2. To the exercise of jurisdiction by the Tribal Court over him or 
her in an action arising under this Title.
    Section 16-1-5. Non-Liability. There shall be no liability on the 
part of the Tribe, its agencies, departments, enterprises, agents, 
officers, officials or employees for any damages which may occur as a 
result of reliance upon or conformity with the provisions of this 
Title.
    Section 16-1-6. Severability. If any chapter, section or provision 
of this Title or amendment made by this Title is held invalid, the 
remaining chapters, sections and provisions of this Title and 
amendments made by this Title shall continue in full force and effect.
    Section 16-1-7. Sovereign Immunity. Except where expressly waived 
by a section of this Title specifically referring to a waiver of 
sovereign immunity, nothing in this Title shall be construed as 
limiting, waiving or abrogating the sovereignty or the sovereign 
immunity of the Tribe or any of its agencies, departments, enterprises, 
agents, officers, officials or employees.

CHAPTER 2

LIQUOR CONTROL BOARD

    Section 16-2-1. Establishment.
    1. There is hereby established a liquor control board to be known 
as the Ponca Tribe of Nebraska Liquor Control Board as an agency of the 
Tribe, under the authority of the Tribe, and delegated the powers, 
duties, and responsibilities set forth in this Title and as otherwise 
provided by the laws of the Tribe.
    2. The Board may employ such other personnel and employees as may 
be required for the proper discharge of its duties under this Title, 
provided that, to the maximum extent feasible, the Board shall first 
use personnel and employees of the Tribal administration as authorized 
in this Chapter.
    Section 16-2-2. Composition. The Board shall consist of five (5) 
members as follows:
    1. One (1) Tribal Council member designated by the Tribal Council, 
who shall serve as the Chairperson of the Board; and
    2. Four (4) individuals who shall be appointed by the Tribal 
Council.
    Section 16-2-3. Qualifications. To be qualified to be appointed a 
Board member, a person shall:
    1. Be at least the age of majority;
    2. Have no conflicts of interest, as defined in this Chapter;
    3. Not have been convicted of any felony or any crime involving or 
related to alcohol or drugs in any court of any jurisdiction in the 
five (5) years prior to appointment unless pardoned and fully restored 
of his or her civil rights by the proper authorities prior to 
appointment;
    4. Be willing and able to comply with the ethical duties of Board 
members, as defined in this Chapter;
    5. Be willing and able to perform the Board's duties in compliance 
with the laws of the Tribe;
    6. Have or acquire knowledge of this Title;
    7. Have the time available to actively fulfill the duties of a 
Board member; and
    8. Be willing to receive orientation and training regarding the 
duties of the Board.
    Section 16-2-4. Term of Office.
    1. The Tribal Council member designated by the Tribal Council to 
serve on the Board shall hold office until he or she no longer holds 
office on the Tribal Council regardless of whether there is a successor 
in the office, but a former Tribal Council member designated by the 
Tribal Council to serve on the Board may be appointed to another 
position on the Board in accordance with this Chapter.
    2. Upon the selection of the initial Board members, the Tribal 
Council shall choose from the members other than the Tribal Council 
member designated by the Tribal Council to serve on the Board, by lot, 
one (1) Board member who will serve an initial term of one (1) year, 
one Board member who will serve an initial term of two (2) years, and 
two (2) Board members who will serve an initial term of three (3) 
years. Thereafter, the term of office for Board members shall be three 
(3) years.
    3. Except as otherwise provided herein, each Board member shall 
serve until he or she resigns, is removed, or the Tribal Council 
appoints his or her successor.
    Section 16-2-5. Compensation. Board members shall be compensated at 
a rate set by the Tribal Council. In addition, Board members shall be 
paid for mileage for every Board meeting attended in accordance with 
the rules applicable to and at the standard rate established for Tribal 
officers and employees.
    Section 16-2-6. Resignation and Removal.
    1. Any Board member may resign from his or her position by 
delivering a written resignation to the Tribal Council.
    2. Any Board member who is a Tribal Council member designated by 
the Tribal Council to serve on the Board shall automatically be removed 
from the Board upon the Tribal Council member's resignation or removal 
from the Tribal Council.
    3. The Tribal Council may, by majority vote, remove a Board member 
for any the following:
    a. Violating or permitting violation of this Title;
    b. Neglect of duty;
    c. Malfeasance or misfeasance in the handling of liquor control 
matters;
    d. Acceptance or solicitation of bribes;
    e. Violation of the ethical duties or conflict of interest 
provisions of this Chapter;
    f. Unexcused absence from three (3) or more consecutive Board 
meetings;
    g. Any crime committed against the Tribe which results in a 
conviction or admission of guilt; or
    h. Upon the happening of any event which would have made the Board 
member ineligible for appointment if the event had occurred prior to 
appointment.
    4. The Tribal Council's decision to remove a Board member shall be 
final and not subject to challenge, review or appeal.
    Section 16-2-7. Vacancies. In the event of a vacancy on the Board, 
whether by removal, resignation, or otherwise, the Tribal Council shall 
appoint a replacement to serve the remaining term of the Board member 
being replaced. In the event of an emergency vacancy, the Tribal 
Council may hold a special meeting to fill the vacancy.
    Section 16-2-8. Officers.
    1. The Chairperson of the Board shall call and preside over Board 
meetings. The Chairperson shall report to the Tribal Council as 
required.
    2. The Board shall elect from its members a Secretary at its first 
meeting in each calendar year or at the next meeting of the Board if a 
vacancy occurs in the office of Secretary.

[[Page 45968]]

    3. The Secretary shall be responsible for assuring the timely and 
proper production, distribution and storage of all written records of 
the Board, including administrative and financial documents. The 
Secretary shall keep minutes of all meetings of the Board and shall 
keep informed about the Board's expenditures and budget.
    Section 16-2-9. Ethics and Conflicts.
    1. No person may be appointed to the Board who:
    a. Is employed by, an officer of, or has a private ownership 
interest, whether direct or indirect, in any entity or organization 
that is a retailer, wholesaler, manufacturer, brewer or distiller;
    b. Is engaged in litigation against the Tribe in a matter related 
to the subject matter of the Board; or
    c. Has a similar interest that would necessarily conflict with the 
impartial performance of a Board member's duties.
    2. The Tribal Council's determination whether an applicant for the 
Board is barred from appointment by a conflict of interest shall be 
final and not subject to challenge, review or appeal.
    3. Board members shall:
    a. Not accept or request any gift, gratuity, compensation, 
employment or other thing of value from any manufacturer, wholesaler, 
retailer, holder or applicant for a liquor license, or other person 
subject to this Title;
    b. Avoid the appearance of impropriety;
    c. Not act in an official capacity when a matter before the Board 
directly and specifically affects a Board member's own interests or the 
interests of his or her immediate family;
    d. Not attempt to exceed the authority granted to Board members by 
this Title;
    e. Recognize that the authority delegated by this Title is to the 
Board as a whole, not to individual Board members and, accordingly, the 
powers of the Board may only be exercised by the Board acting through 
the procedures established by this Title;
    f. Not take action on behalf of the Board unless authorized to do 
so by the Board;
    g. Not involve the Board in any controversy outside the Board's 
duties; and
    h. Hold all confidential information revealed during the course of 
Board business in strict confidence and discuss or disclose such 
information only to persons who are entitled to the information and 
only for the purpose of conducting official Board business.
    Section 16-2-10. Recusal.
    1. No Board member shall participate in any action or decision by 
the Board directly involving:
    a. Himself or herself;
    b. A member of his or her immediate family;
    c. Any person, business or other entity of which he or she or a 
member of his or her immediate family is an employee;
    d. Any business or other entity in which he or she or a member of 
his or her immediate family has a substantial ownership interest; or
    e. Any business or other entity with which he or she or a member of 
his or her immediate family has a substantial contractual relationship.
    2. Nothing in this Section shall preclude a Board member from 
participating in any action or decision by the Board which:
    a. Generally affects a class of persons, regardless of whether the 
Board member or a member of his or her immediate family is a member of 
the affected class; and
    b. Affects the Tribe, an economic enterprise of the Tribe, or a 
person or entity in a contractual relationship with the Tribe or an 
economic enterprise of the Tribe, regardless of whether the Board 
member is also a member of the Tribe.
    3. A Board member may voluntarily recuse himself or herself and 
decline to participate in any action or decision by the Board when the 
Board member, in his or her own discretion, believes:
    a. That he or she cannot act fairly or without bias; or
    b. That there would be an appearance that he or she could not act 
fairly or without bias.
    Section 16-2-11. Quorum. Three (3) Board members shall constitute a 
quorum for conducting business.
    Section 16-2-12. Meetings.
    1. The Board may hold meetings as it deems necessary.
    2. The Chairperson of the Board shall have the authority to call a 
meeting of the Board as he or she sees fit upon forty-eight (48) hours 
written notice. Written notice to a Board member may be dispensed with 
as to any Board member who is actually present at the meeting at the 
time it convenes.
    3. The Board may conduct a meeting exclusively by telephone, video 
conference or other electronic means provided that the notice of the 
Board meeting provides the manner in which the meeting will be 
conducted and includes information on how a person may attend the 
meeting, such as a telephone number for participation in the meeting.
    4. All decisions of the Board shall be made by a majority vote of 
the Board members attending the meeting, provided a quorum is present, 
unless otherwise provided in this Title.
    5. Matters dealing with personnel or other confidential matters 
shall be conducted in executive session and shall not be open to the 
public.
    Section 16-2-13. Powers and Duties of Board. The power, authority 
and duties of the Board shall be as follows:
    1. To administer, implement and enforce this Title;
    2. To make recommendations to the Tribal Council concerning 
amendments to this Title;
    3. To receive applications for and issue to and suspend, cancel and 
revoke licenses of manufacturers, wholesalers, and retailers in 
accordance with this Title and the rules and regulations of the Board;
    4. To obtain information and conduct background investigations to 
determine the suitability of an applicant for a license;
    5. To bring legal action in the name of the Tribe to enforce this 
Title;
    6. To inspect any premises where liquor is manufactured, 
distributed, or sold as provided in this Title;
    7. To conduct an audit to inspect any licensee's records and books 
as provided in this Title;
    8. To conduct hearings and hear appeals authorized by this Title, 
provided the Board shall have no authority to declare any portion of 
this Title or other law of the Tribe invalid for any reason;
    9. In the conduct of any hearing or audit, to issue subpoenas, 
compel the attendance of witnesses, administer oaths, and require 
testimony under oath at any hearing conducted by the Board;
    10. To examine, under oath, either orally or in writing, any person 
with respect to any matter subject of this Title;
    11. To collaborate and cooperate with such other agencies of the 
Tribe, other tribes, the United States and the states as necessary to 
implement and enforce this Title;
    12. To develop standard forms and to require by regulation the 
filing of any such forms or reports necessary for implementation of 
this Title;
    13. To utilize or adopt forms from other appropriate jurisdictions 
to use as its own so long as such forms meet the requirements of the 
laws of the Tribe for which such forms are utilized;
    14. To promulgate rules and regulations, subject to approval of the 
Tribal Council and consistent with the laws of the Tribe, which are 
necessary for carrying out this Title;
    15. To delegate any of its power, authority and duties to an 
individual Board member or other personnel or employee of the Board, 
provided that the Board shall not delegate its power to

[[Page 45969]]

promulgate rules and regulations or to conduct hearings and hear 
appeals; and
    16. To perform all other duties delegated or assigned to the Board 
by this Title or other laws of the Tribe or the Tribal Council and 
otherwise implement this Title.
    Section 16-2-14. Obtaining Information.
    1. The Board may request such information relevant and material to 
the enforcement of this Title from any and all persons who:
    a. Are engaged in the introduction, sale, distribution, or 
possession of liquor on Tribal lands or with the Tribe; or
    b. Are otherwise subject to the jurisdiction of the Tribe.
    2. Upon a written request, such persons shall provide the 
information requested by the Board. The Board may issue a subpoena as 
provided in this Chapter or request the Court to issue a subpoena or 
other order, including ex parte without a hearing, to obtain the 
information required to be provided under this Section.
    Section 16-2-15. Investigative Authority.
    1. For the purpose of enforcing the provisions of this Title, the 
Board shall have the authority to inspect property during regular 
business hours, to examine and require the production of any pertinent 
records, books, information, or evidence, and to require the presence 
of any person and require testimony under oath concerning the subject 
matter of any inquiry of the Board, and to make a permanent record of 
the proceeding.
    2. For the purpose of accomplishing the authority granted in this 
Section, the Board shall have the power to issue subpoenas and summons 
requiring attendance and testimony of witnesses and production of 
papers or other things at any hearing held pursuant to this Title.
    3. If a person fails to comply with a subpoena issued by the Board, 
the Board may apply to the Tribal Court for issuance of an order to 
show cause which directs that the person against whom the subpoena was 
issued shall comply with the subpoena within ten (10) business days or 
show cause why he or she should not be held in contempt of court in 
accordance with the laws of the Tribe. The Tribal Court shall issue the 
order to show cause without notice or hearing, unless the Court finds 
that the subpoena was not lawfully issued or was not properly served in 
accordance with this Section.
    4. Any subpoena, summons or notice issued by the Board shall be 
served in the manner provided for service of the same in the rules of 
procedure governing civil actions in Tribal Court.
    Section 16-2-16. Rules and Regulations. The Board shall promulgate 
rules and regulations, not inconsistent with this Title and subject to 
the approval of Tribal Council, as it deems necessary or desirable in 
the public interest in carrying out the duties of the Board including, 
but not limited to:
    1. Internal operational procedures;
    2. The forms to be used for purposes of this Title;
    3. Procedures for conducting investigations and inspections;
    4. Procedures for all hearings conducted by the Board;
    5. Conditions of sanitation of premises of licensees of the Board; 
and
    6. Protection of the due process rights of all persons subject to 
the enforcement of this Title by the Board.
    Section 16-2-17. Board Seal.
    1. The Board shall acquire an official seal which shall be used on 
all original and/or certified copies of all documents of the Board to 
evidence their authenticity.
    2. The seal of the Board shall:
    a. Be circular in shape;
    b. Contain the words ``Ponca Tribe of Nebraska'' around the top 
edge;
    c. Contain the words ``Liquor Control Board'' around the bottom 
edge; and
    d. Contain the words ``Official seal'' in the center.
    3. The seal shall be secured at all times to prevent unauthorized 
use.
    Section 16-2-18. Stamps and Licenses.
    1. The Board shall provide for the form, size, color and 
identifying characteristics of all licenses, permits, stamps, tags, 
receipts or other instruments evidencing receipt of any license or 
payment of any fee administered by the Board or otherwise showing 
compliance with this Title.
    2. Any instrument developed by the Board under this Section shall 
contain at least the following information:
    a. The words ``Ponca Tribe'' or, if space allows, ``Ponca Tribe of 
Nebraska;''
    b. If space allows, the words ``Liquor Control Board;''
    c. If the instrument is a license or permit, an indication of the 
type of license or permit, its effective dates, and the name and 
address of the person to whom it is issued; and
    d. If the instrument is a receipt, an indication of what the 
receipt is for, any amount the receipt is for, and the name and address 
of the person to whom it is issued.
    3. The Board shall provide for the manufacture, delivery, storage 
and safeguarding of any instrument developed under this Section and 
shall safeguard such instruments against theft, counterfeiting and 
improper use.
    Section 16-2-19. Records of Board.
    1. The Board shall create and maintain accurate and complete 
records which contain information and documents necessary for the 
proper and efficient operation of the Board, including, but not limited 
to:
    a. All licenses, permits, and the like issued and any fees received 
for the same;
    b. All fees and penalties imposed, due and collected; and
    c. Each and every official transaction, communication or action of 
the Board.
    2. The records of the Board shall be maintained at the office of 
the Board and shall not be removed from said office without the written 
authorization of the Board.
    3. Except where provided otherwise in the laws of the Tribe, the 
records and other information of the Board shall be considered public 
records of the Board and shall be provided or made available for 
inspection during regular business hours upon proper written request to 
the Board and payment of any copying costs set by the Board, provided 
that confidential personal information appearing in such records is 
rendered unreadable prior to provision or inspection.
    4. The records of the Board shall be subject to audit at any time 
at the direction of the Tribal Council, but not less than once each 
year.
    Section 16-2-20. Use of Other Resources. In carrying out its duties 
and responsibilities:
    1. The Board may use the services, information or records of other 
departments and agencies of the Tribe or otherwise available to the 
Tribe, both from within and without the Tribe, and such departments, 
agencies and others shall furnish such services, information or records 
upon request of the Board; and
    2. The Board may use personnel and employees of the Tribal 
administration as it would personnel and employees of the Board, 
provided the Board coordinates with and obtains approval from the 
Tribal administration.

CHAPTER 3

LIQUOR LICENSES

    Section 16-3-1. License Required. No person may sell, distribute or 
manufacture liquor on Tribal lands except as specifically authorized by 
a license issued in accordance with this Chapter and compliance with 
all other applicable laws governing the same.

[[Page 45970]]

    Section 16-3-2. Exemptions. The following liquor and activities 
shall be exempt from the provisions of this Title, including the 
requirement of a liquor license:
    1. Any pharmaceutical preparation containing liquor which is 
prepared by a druggist according to a formula of the pharmacopeia or 
dispensatory of the United States;
    2. Wine or beer manufactured in a residence for consumption therein 
and not for sale;
    3. Alcohol used or intended for use:
    a. For scientific research or manufacturing products other than 
liquor;
    b. By a physician, medical or dental clinic, or hospital;
    c. In tinctures or toilet, medicinal, and antiseptic preparations 
and solutions not intended for internal human use nor to be sold as 
beverages, and which are unfit for beverage purposes, such as cleaning 
compounds;
    d. In food products known as flavoring extracts when manufactured 
and sold for cooking, culinary, or flavoring purposes, and which are 
unfit for use for beverage purposes; or
    e. By persons exempt from regulation in accordance with the laws of 
the United States;
    4. Ethanol or ethyl alcohol for use as fuel; and
    5. Liquor used in a bona fide religious ceremony.
    Section 16-3-3. Liquor Licenses.
    1. Licenses issued by the Board shall be of the following types:
    a. Manufacturer license;
    b. Wholesale license;
    c. Retail license; and
    d. Special event license.
    2. Except for special event licenses, a license issued by the Board 
shall be in force and effect for one (1) year following the date it is 
issued, unless sooner revoked.
    3. Any person required to obtain a license under this Chapter who 
fails to obtain such license or who continues to manufacture, 
distribute or sell liquor after such license has been revoked shall 
forfeit his or her right to manufacture, distribute or sell liquor on 
Tribal lands until he or she complies with all of the provisions of 
this Title.
    Section 16-3-4. Manufacturer License.
    1. Any person who is a manufacturer, brewer or distiller located on 
Tribal lands shall be required to first obtain a manufacturer license 
from the Board. If a person manufactures liquor at two or more separate 
places of business on Tribal lands, a separate manufacturer license 
shall be required for each place of business.
    2. A manufacturer license shall allow:
    a. The manufacture, distilling, brewing, and storage of liquor on 
Tribal lands;
    b. The sale of liquor to wholesale and retail licensees on Tribal 
lands without the requirement of any other license under this Chapter; 
and
    c. The retail on-sale of liquor to individuals on the premises of 
the manufacturer without the requirement of any other license under 
this Chapter.
    3. The annual fee for a manufacturer license shall be one thousand 
dollars ($1,000.00).
    Section 16-3-5. Wholesale License.
    1. Any person who engages in the sale of liquor to manufacturers, 
retailers or wholesalers on Tribal lands shall be required to first 
obtain a wholesale license from the Board. If a person sells or 
delivers from or stores liquor at two or more separate places of 
business on Tribal lands, a separate wholesale license shall be 
required for each place of business.
    2. A wholesale license shall allow:
    a. The wholesale purchase, importation, and storage of liquor and 
sale of liquor to licensees on Tribal lands; and
    b. The sampling of liquor on the premises of the licensee or a 
licensed retailer by a licensee and his or her employees.
    3. The annual fee for a wholesale license shall be seven hundred 
fifty dollars ($750.00).
    Section 16-3-6. Retail License.
    1. Any person who engages in the retail sale of liquor on Tribal 
lands shall be required to first obtain a retail license from the 
Board. If a person makes sales at two or more separate places of 
business on Tribal lands, a separate retail license shall be required 
for each place of business.
    2. A retail license shall allow the licensee to sell and offer for 
sale liquor on the premises of the licensee specified in the retail 
license at retail for use or consumption but not for resale in any 
form.
    3. A retail license shall designate whether the licensee is 
permitted to make on-sales or off-sales, but shall not permit both.
    4. The annual fee for a retail license shall be two hundred fifty 
dollars ($250.00).
    Section 16-3-7. Special Event License.
    1. Any person who engages in the retail sale of liquor on Tribal 
lands for a period of less than seven (7) consecutive days for an event 
shall be required to first obtain a special event license from the 
Board. If a person makes sales at two or more separate locations or 
events on Tribal lands, a separate special event license shall be 
required for each location.
    2. A special event license shall allow the licensee to sell and 
offer for sale liquor at retail for use or consumption on the premises 
of the event specified in the license, but not for resale in any form.
    3. A special event license shall designate the precise day or 
period of days for which the license was issued and shall be valid only 
for such designated day or days.
    4. The fee for a retail license shall be fifty dollars ($50.00) per 
day.
    5. The Board may provide by regulation for issuing special event 
licenses with reduced or no fees and utilizing expedited applications 
and procedures exempt from the notice and hearing requirements of this 
Chapter to licensed retailers conducting on-sales, including caterers 
and the like, for the purpose of allowing such retailers to sell and 
offer for sale liquor at events on premises other than the premises 
designated in the retail license.
    Section 16-3-8. Registration of Salesmen.
    1. No person may take or solicit orders for liquor on Tribal lands 
without first registering with the Board and providing the following:
    a. His or her name and address;
    b. The name and address of his or her employer or principal; and
    c. Such other information the Board may require.
    2. There shall be no fee for registration under this Section, but 
registration shall require renewal each calendar year.
    Section 16-3-9. Application for License.
    1. Any person or entity desiring a license pursuant to this Chapter 
shall complete and file an application for the appropriate license with 
the Board and pay such application fee as may be set by the Board to 
defray the costs of processing the application.
    2. In addition to any other items required by the Board, all 
applications for a license pursuant to this Chapter shall include the 
following:
    a. The name, address and telephone number of the applicant;
    b. Any other names used by the applicant, including trade names;
    c. Whether the applicant is a partnership, corporation, limited 
liability company, sole proprietorship or other entity and the 
jurisdiction where the applicant is organized or registered to conduct 
business;
    d. The names, addresses, telephone numbers and social security 
numbers of the applicant's principals, which shall

[[Page 45971]]

include the applicant's officers, directors, managers, owners, 
partners, stockholders that own twenty-five percent (25%) or more of 
the applicant's business, and the ten (10) largest stockholders of 
applicant's business regardless of percentage of stock owned;
    e. The identity of all persons, other than principals, who have an 
economic interest in the applicant's business;
    f. The federal tax identification number or social security number 
of the applicant;
    g. The location where the applicant intends to sell, distribute or 
manufacture liquor, as the case may be;
    h. The type of application desired;
    i. Whether the applicant will sell, distribute or manufacture 
liquor on Tribal lands;
    j. Whether the applicant is licensed by the appropriate state 
within whose boundaries the applicant is located to sell, distribute, 
or manufacture liquor, as applicable;
    k. Information on each liquor license which the applicant has held 
in any jurisdiction;
    l. Whether the applicant or any of its principals have been 
convicted of or plead guilty to a felony or any criminal offense 
regarding liquor;
    m. Whether the applicant or any of its principals have had a liquor 
license revoked or suspended in any jurisdiction; and
    n. Agreement by the applicant to comply with the laws of the Tribe 
and all conditions of the license issued by the Board.
    Section 16-3-10. Notice of Application.
    1. Upon receipt of an application for a license, the Board shall 
issue a notice of the application which shall include:
    a. The name of the applicant;
    b. The location where the applicant intends to sell, distribute or 
manufacture liquor;
    c. The date the Board intends to consider the application, which 
shall be no sooner than thirty (30) days after the notice is posted in 
accordance with this Section;
    d. Information on submitting comments on the application to the 
Board by mail or electronic means; and
    e. A statement that comments on the application must be received no 
later than the day prior to the Board considering the application.
    2. The notice of the application shall be posted at all Tribal 
governmental offices and on the Tribe's website for at least thirty 
(30) days and, if an edition of the Tribal newsletter will be released 
prior to consideration of the application, published in the Tribal 
newsletter.
    3. Persons may submit comments on the application in the manner 
prescribed by the Board any time prior to the Board considering the 
application.
    Section 16-3-11. Processing Application.
    1. Upon receipt of an application for a license, the Board shall 
conduct or cause to be conducted a background investigation of the 
applicant and each of its principals. The background investigation 
shall include, at a minimum:
    a. Verification of the applicant's business organization and 
registration status;
    b. Verification of the applicant's state liquor license, its status 
and any enforcement history; and
    c. Conducting a criminal history check of the applicant and the 
applicant's principals.
    2. The Board shall issue a license to an applicant only if it 
finds, after considering the application and any comments submitted by 
the public:
    a. The applicant did not knowingly provide any false information to 
the Board regarding its application;
    b. The applicant is or is expected to be licensed by the 
appropriate state within whose boundaries the applicant is located to 
sell, distribute, or manufacture liquor, as applicable;
    c. If the applicant is a corporation or other entity, that it is 
organized under the laws of the Tribe or registered to conduct business 
on Tribal lands in accordance with the laws of the Tribe governing the 
same;
    d. Neither the applicant nor any of its principles has been 
convicted of or plead guilty to a felony or any criminal offense 
related to liquor in any jurisdiction;
    e. Neither the applicant nor any of its principals has had a liquor 
license revoked in any jurisdiction in the previous two (2) years;
    f. The requirements of this Title and the Board's regulations have 
been met;
    g. The applicant's capability, qualifications, and reliability are 
satisfactory; and
    h. The best interests of the Tribe, its members, and the community 
as a whole will be served by the issuance of the license.
    3. In reviewing an applicant's capability, qualifications and 
reliability, the Board shall consider:
    a. The character and reputation of the applicant;
    b. The suitability of the physical premises of the applicant;
    c. The plan of operation of the applicant; and
    d. Any other relevant consideration.
    4. In reviewing the interests of the Tribe, its members and the 
community as a whole, the Board shall consider:
    a. The need of the area to be served by the applicant;
    b. The number of existing licensed businesses covering the area;
    c. The desires of the community within the area to be served;
    d. Any law enforcement problems which may arise because of the 
sale, distribution or manufacture of liquor by the applicant; and
    e. Any other relevant consideration.
    5. The Board, in its discretion and upon notice to the applicant 
and the public, may conduct a hearing regarding any application. Such 
hearing shall be open to the public and any interested persons shall be 
permitted to present information, including witnesses and evidence, to 
the Board regarding the application.
    6. If an applicant has not obtained a liquor license from the 
appropriate state within whose boundaries the applicant is located, the 
Board may approve the applicant's license conditioned upon the receipt 
of such state liquor license. If the Board conditionally approves a 
license pursuant to this subsection, the Board shall not issue a 
license to the applicant unless and until the applicant provides 
satisfactory proof that it has received a state liquor license.
    7. The Board shall issue a decision on the application in writing. 
The Board's decision shall be served on the applicant and posted at all 
Tribal governmental offices and on the Tribe's website for at least 
fifteen (15) days and published in the next edition of the Tribal 
newsletter.
    Section 16-3-12. Form of License.
    1. Each license issued pursuant to this Chapter shall specify:
    a. The name and address of the licensee;
    b. The type of license issued;
    c. The premises to which the license applies;
    d. If the license is a manufacturer license, the type of liquor the 
licensee is permitted to manufacture, distill, brew, store, and sell; 
and
    e. If the license is a retail license, whether it permits on-sales 
or off-sales with respect to the premises to which the license applies.
    2. The licensee must keep the license posted at all times in a 
conspicuous place on the premises for which it has been issued.
    3. Licensees must pay all taxes assessed against it under the laws 
of the Tribe.
    4. Licensees shall comply, as a condition of retaining such 
license, with all applicable laws of the Tribe and with all requests of 
the Board for inspection, examination and audit permitted under this 
Title.

[[Page 45972]]

    5. Notwithstanding anything else in the laws of the Tribe, a 
license issued pursuant to this Chapter constitutes only a permit to 
the licensee to conduct the activities permitted by the license for the 
duration of the license and shall not be construed or deemed to 
constitute a property or other vested right of any kind or give rise to 
a legal entitlement to a license for any future period of time.
    Section 16-3-13. Renewal of License.
    1. A licensee may renew its license by filing an application for 
renewal with the Board and paying such renewal application fee as may 
be set by the Board to defray the costs of processing the application.
    2. The renewal application shall identify any changes in 
information required on the licensee's application for a license since 
the issuance of the license or previous renewal, whichever is later, or 
the applicant shall certify that no such information has changed.
    3. A license issued pursuant to this Chapter shall be automatically 
renewed upon submission of a renewal application and payment of the 
applicable annual license fee, unless:
    a. Information required on the application for a license has 
changed in such a manner that it makes the licensee ineligible for a 
license under this Chapter; or
    b. The Board determines in writing that renewal would not be in the 
best interests of the Tribe, its members or the community as a whole.
    Section 16-3-14. Transfer and Modification of License.
    1. No license issued pursuant to this Chapter may be assigned or 
transferred to any other person or entity.
    2. Any change in ownership of the licensee that constitutes more 
than fifty percent (50%) of the ownership interest in a licensee shall 
require the issuance of a new license in accordance with this Chapter.
    3. A licensee may request a change in the name and/or address of 
the licensee or a change in location of the premises to which the 
license applies by applying with the Board for a modification of the 
license in accordance with this Section and paying such fee as may be 
set by the Board to defray the costs of processing the modification.
    4. The Board shall approve a change in the address of the licensee 
upon request, provided the change in address is not a change in 
location. The Board shall approve a change in the name of the licensee 
provided that the name is not the name of an individual and the change 
is not the result of any change in more than fifty percent (50%) of the 
ownership interest in the licensee.
    5. If a licensee requests a change in location, the Board shall 
issue and post a notice of the modification of location and permit 
public comment the same as an application for a new license. The Board 
shall approve a change in location only if it finds, after considering 
the application and any comments submitted by the public:
    a. The applicant has obtained or is in the process of obtaining a 
license or modification for the new location from the appropriate state 
within whose boundaries the applicant is located, provided that the 
Board may approve the change in location conditioned upon the receipt 
of such state license or modification so long as the Board does not 
issue the modified license unless and until the applicant provides 
satisfactory proof that it has received a state license or 
modification;
    b. The physical premises of the new location is suitable for the 
license; and
    c. The best interests of the Tribe, its members and the community 
as a whole will be served by the modification of the location.
    6. If the Board approves a modification of a license pursuant to 
this Section, the Board shall issue a modified license to the licensee 
reflecting the modified information. The modified license shall expire 
on the same date as the original license.
    7. Any modification of a license not provided for in this Section 
shall require the issuance of a new license in accordance with this 
Chapter.
    Section 16-3-15. Appeal. An applicant or licensee may request a 
formal conference regarding or file an appeal of a decision of the 
Board denying an application for a license or any renewal or 
modification thereof in accordance with the provisions of this Title 
governing appeals before the Board.
    Section 16-3-16. Sale of Stock.
    1. Upon revocation, non-renewal or other termination of a license 
issued pursuant to this Chapter, a former licensee may dispose of any 
liquor in its stock within thirty (30) days of expiration of its former 
license by:
    a. Selling such stock in whole or in part to a wholesaler or 
retailer licensed pursuant to this Chapter;
    b. Selling such stock in whole or in part to a wholesaler or 
retailer located outside Tribal lands and authorized to purchase such 
liquor;
    c. Moving such stock in whole or in part outside Tribal lands to a 
location where such liquor is authorized to be stored or held; or
    d. Destroying such liquor under the supervision of the Board.
    2. The Board may grant a former licensee an additional twenty (20) 
days to sell or otherwise dispose of its stock upon the former licensee 
showing good cause for such extension and no failure in due diligence 
to make such disposal.
    3. Any liquor remaining in the possession of a former licensee and 
not disposed of in accordance with this Section shall be treated as 
contraband in accordance with this Title.
    4. A former licensee shall submit to the Board a complete report of 
the disposition of all stock pursuant to this Section.
    Section 16-3-17. Duty to Keep Records. Every licensee shall keep 
and maintain accurate records of the purchase and sale of liquor, 
including books of account, invoices, and bills. Such records shall be 
maintained for a period of at least two (2) years.
    Section 16-3-18. Operation of Licensed Premises.
    1. No licensee may reseal, reuse, or refill any package that 
contains or contained liquor.
    2. No retail licensee may lock, or permit the locking of the 
entrances to the licensed premises until all persons other than the 
licensee and its employees have left.
    3. No licensee may change the name of its licensed premises without 
first obtaining a modification of its license as provided in this 
Chapter.
    4. A licensee shall conduct its business in a decent, orderly and 
respectable manner and shall not permit loitering by intoxicated 
persons, rowdiness, undue noise, or any other disturbance offensive to 
the residents of Tribal lands.
    5. A retail licensee shall demand satisfactory evidence of a 
person's age upon such person's attempt to purchase any liquor from the 
retail licensee if such person appears to the retail licensee to be 
under the age of twenty-one (21) and shall refuse to sell liquor to any 
such person who fails or refuses to produce such satisfactory evidence. 
Satisfactory evidence of age shall include:
    a. A driver's license or identification card validly issued by any 
state department of motor vehicles;
    b. A United States active duty military identification;
    c. A passport validly issued by any jurisdiction; and
    d. Identification card issued by a federally recognized tribe which 
includes a photograph and date of birth.
    Section 16-3-19. Insurance.
    1. Licensees and their employees are liable for injuries or damage 
to property resulting from their negligent or reckless acts and 
omissions, whether in the

[[Page 45973]]

operation of the licensed premises or in their violation of this Title.
    2. All manufacturers and retailers conducting on-sales shall 
maintain insurance coverage insuring against liability under this 
Section in the amount of at least $1,000,000.00 for bodily injury to 
any one (1) person, $500,000.00 for any one (1) accident or personal 
injury, and $100,000.00 for property damage.

CHAPTER 4

ENFORCEMENT AND VIOLATIONS

    Section 16-4-1. Complaints.
    1. Allegations of a violation of this Title shall be presented to 
the Board by submitting a complaint with such allegation in writing to 
the Chairperson of the Board or his or her designee.
    2. A complaint may be submitted by any Board member or member of 
the public who believes that a person has committed a violation of this 
Title.
    3. A complaint shall specify the person against whom the allegation 
is being made and the conduct that is alleged to be in violation of 
this Title.
    4. Upon receipt of a complaint pursuant to this Section, the Board 
shall review the complaint to determine if the allegations made fall 
within the scope of this Title and whether, assuming the facts alleged 
are true, said facts would constitute a violation of this Title.
    5. If the Board determines that the allegations do not fall within 
the scope of this Title or do not allege facts which, if true, would 
constitute a violation of this Title, the Board shall provide written 
notice to the complainant which shall state that:
    a. The Board received the complaint;
    b. The Board has reviewed the complaint in accordance with the 
provisions of this Chapter;
    c. The Board has determined that the allegations do not fall within 
the scope of this Title and/or do not allege facts which would 
constitute a violation of this Title; and
    d. The matter is closed.
    6. If the Board determines that the allegations fall within the 
scope of this Title and allege facts which, if true, would constitute a 
violation of this Title, the Board shall make or cause to be made a 
preliminary investigation of the allegations in the complaint and, if 
there is reason to believe the allegations in the complaint, the Board 
shall issue a notice of violation as provided in this Chapter.
    Section 16-4-2. Examination and Audit.
    1. The Board may examine and audit any licensee for the purpose of 
enforcing this Title.
    2. In conducting an examination and audit pursuant to this Section, 
the Board may:
    a. Examine any books, records, papers, maps, documents, or other 
data which may be relevant and material to the inquiry upon reasonable 
notice:
    i. During normal business hours;
    ii. At any other time agreed to by the person having possession, 
custody or care for such data; or
    iii. At any time pursuant to an order of the Tribal Court;
    b. Summon the licensee, any officer or employee or agent of the 
licensee, or any person having possession, custody or care of the books 
of account containing entries relating to the business of the licensee 
or required to perform the act, or any other person the Board may deem 
proper, to appear before the Board at the time and place named in the 
summons and to produce such books, records, papers, maps, documents or 
other data, and to give such testimony, under oath, as may be relevant 
or material to the inquiry; and
    c. Take testimony of any person, under oath, as may be relevant or 
material to the inquiry.
    Section 16-4-3. Notice of Violation.
    1. If the Board has reason to believe that a violation of this 
Title has occurred, the Board shall issue a notice of violation to all 
persons accused of the violation.
    2. A notice of violation shall state:
    a. The specific provisions of this Title alleged to have been 
violated;
    b. The Board will consider any written response to the notice of 
violation from the accused before determining whether to proceed with 
the notice of violation; and
    c. The accused may respond in writing to the notice of violation 
within fourteen (14) calendar days of service of the notice.
    3. If a notice of violation is not delivered to a person accused of 
the violation personally at the time of issuance, it shall be served on 
such person in the manner provided for service of a summons in the 
rules of procedure governing civil actions in Tribal Court.
    4. The accused shall have the right to respond to a notice of 
violation within the time stated in the notice of violation. The 
accused may include copies of any documents which the accused believes 
support his or her position.
    5. After the time has expired for the accused to respond to a 
notice of violation, the Board shall consider any written response to 
the notice of violation and determine how to proceed with the notice of 
violation. Based on its review, the Board may:
    a. Close the notice of violation if satisfied by the accused's 
response; or
    b. Conduct or cause to be conducted a thorough investigation of the 
notice of violation.
    6. If an investigation is conducted and such investigation reveals 
that there is evidence to support that a violation of this Title 
occurred, the Board shall determine an appropriate sanction for such 
violation as provided in this Chapter, including civil fine, license 
suspension or revocation, or both, and impose such sanction in 
accordance with the provisions of this Chapter.
    7. Written notice shall be provided of the Board's decision under 
this Section.
    Section 16-4-4. Formal Conference.
    1. Within thirty (30) days of service of a decision of the Board, a 
person subject of the decision may request a conference with the Board 
to seek a review and redetermination of the decision.
    2. A request for a conference shall:
    a. Be made in writing to the Board or its designee;
    b. Identify the decision of the Board;
    c. Declare the redetermination sought; and
    d. Include a complete statement of the facts relied on.
    3. The Board, after an initial inquiry, may deny the request for a 
conference and direct the person to proceed to an appeal in accordance 
with this Chapter.
    4. Upon request or its own initiative, the Board may stay any 
action on its decision until a time not more than thirty (30) days 
after issuance of a decision from the conference.
    5. The Board may confer with the person by phone or in person, or 
may require the submission of additional written material and will 
issue a written decision. If the result sought is denied in whole or in 
part, the decision will state the basis for the denial.
    6. After the Board issues its decision, the person may appeal the 
matters in dispute as provided in this Chapter. The person may request 
a stay of the decision within ten (10) days after issuance of the 
decision, provided the request is based upon an intention to request a 
hearing.
    7. If no appeal is made within the time allowed, the decision from 
a formal conference is final and is not subject to any appeal before 
the Board or in any court.
    Section 16-4-5. Appeal.
    1. Within thirty (30) days of service of a decision of the Board or 
issuance of a decision from a formal conference, a party aggrieved by 
the decision may file an appeal with the Board.
    2. A request for appeal shall:
    a. Be made in writing to the Board;
    b. Identify the decision of the Board;

[[Page 45974]]

    c. Identify any conference decision;
    d. Declare the redetermination sought; and
    e. Include a complete statement of the facts relied on.
    3. Upon request or its own initiative, the Board may stay any 
action on its decision until a time not more than thirty (30) days 
after issuance of a decision from the appeal.
    4. The Board shall conduct a hearing on the applicant's appeal and 
take testimony and examine documentary evidence as necessary to 
determine the appeal.
    5. After hearing an appeal, the Board shall issue a decision. The 
decision of the Board on an appeal under this Section shall be the 
final decision of the Board, provided that the Board shall have been 
deemed to have issued a final decision denying an appeal if the Board:
    a. Fails to schedule and hold a hearing on the merits of an 
otherwise valid appeal within sixty (60) days after receipt of a notice 
of appeal; or
    b. Fails to issue a written decision within thirty (30) days of the 
hearing on the merits of the appeal.
    6. The Board may permit or require, pursuant to the rules and 
regulations of the Board, one or more levels of review by its employees 
or delegates in addition and prior to appeal to the Board, provided 
that the failure to proceed to a next required level of review shall 
constitute a waiver of any further appeal or judicial review.
    7. The failure to file an appeal pursuant to this Section shall not 
prevent the aggrieved party from defending any action brought by the 
Board against the party in Tribal Court.
    Section 16-4-6. Judicial Review.
    1. If a party is aggrieved by a final decision of the Board on 
appeal, the party may challenge the decision by filing a petition 
requesting judicial review of the Board's decision in the Tribal Court.
    2. Judicial review of the Board's decision shall proceed in 
accordance with the following:
    a. The petition for judicial review shall be filed within thirty 
(30) days of the issuance of the Board's decision;
    b. No new or additional evidence may be introduced, but the matter 
shall be heard on the record established before the Board;
    c. No new or additional issues may be raised and only issues raised 
before the Board may be heard regardless of the Board's authority to 
hear the issue;
    d. The Tribal Court shall uphold all factual findings of the Board 
unless the Tribal Court concludes that such findings are not supported 
by the substantive evidence in the record established before the Board;
    e. In reviewing legal conclusions reached by the Board, the Tribal 
Court shall give proper weight to the Board's interpretation of this 
Title and any rules and regulations of the Board;
    f. The Tribal Court shall affirm any determination by the Board 
that the issuance, renewal or modification of a license is not in the 
best interests of the Tribe, its members or the community as a whole 
unless such determination is clearly arbitrary and capricious;
    g. The Tribal Court may affirm, reverse, modify or vacate and 
remand the Board's final decision, but shall affirm the final decision 
unless the Tribal Court concludes that the final decision of the Board 
is:
    i. Not supported by the evidence;
    ii. Arbitrary or capricious;
    iii. An abuse of discretion;
    iv. Beyond the Board's authority; or
    v. Otherwise contrary to the laws of the Tribe.
    3. The Tribal Court shall dismiss any action brought against the 
Board if the person filing the action has not exhausted all 
administrative remedies before the Board, including an appeal to the 
Board.
    4. Notwithstanding anything to the contrary in this Title, the 
Tribal Court shall not have jurisdiction or authority to award or order 
the payment of damages or other monies or provide any remedy to a party 
except for affirming, reversing, modifying or vacating and remanding 
the decision of the Board.
    5. The Tribal Court's jurisdiction to review a final decision of 
the Board shall be exclusive and a final decision of the Board shall 
not be subject to appeal, review, challenge, or other action in any 
court or tribunal except as provided in this Section.
    Section 16-4-7. Storage, Sale and Manufacture Violations.
    1. It shall be a violation of this Title:
    a. To introduce, store, possess, sell, offer for sale, distribute, 
transport or manufacture liquor without first obtaining all necessary 
licenses or in any manner not authorized by this Title;
    b. To store, sell, offer for sale, distribute, transport or 
manufacture liquor in violation of any provision of this Title or the 
terms of a license issued pursuant to this Title;
    c. To deliver liquor to a manufacturer, wholesaler or retailer at 
any place other than the premises described in the license of such 
manufacturer, wholesaler or retailer;
    d. For any manufacturer, wholesaler or retailer to keep or store 
any liquor at any place other than on the premises where such 
manufacturer, wholesaler or retailer is authorized to operate and 
except as otherwise provided in this Title;
    e. For any retailer to take or solicit orders for the delivery of 
liquor from any person unless such person is registered as a salesman 
in accordance with this Title;
    f. For any retailer to have any interest in the property or 
business of a manufacturer or wholesaler;
    g. For any licensee to neglect or refuse to produce or submit for 
inspection, examination or audit any records lawfully requested by the 
Board in accordance with this Title;
    h. For a retailer to obtain liquor in unbroken packages except from 
a manufacturer or wholesale licensee;
    i. For a retailer or employee of a retailer to accept or give gifts 
of liquor in connection with its business, except for the sampling of 
liquor as provided by a wholesaler in the ordinary course of the trade;
    j. For a manufacturer or retailer conducting on-sales to employ any 
person for the purpose of soliciting the purchase of liquor within the 
licensed premises on a percentage or commission basis;
    k. For a manufacturer or retailer conducting on-sales to sell 
liquor without insurance coverage as required by this Title;
    l. To knowingly employ a person under the age of majority in the 
sale, distribution or manufacture of liquor;
    m. For a manufacturer conducting on-sales, a retailer, or an 
employee of either to consume liquor or be intoxicated while selling 
liquor on the licensed premises;
    n. For a manufacturer conducting on-sales or a retailer to sell 
liquor for anything other than cash, check, or credit or debit card 
transaction or extend credit to any person, organization, or entity for 
the purchase of liquor;
    o. For a retailer conducting off-sales or an employee of such a 
retailer to sell or give liquor in broken or refilled packages;
    p. For a retailer conducting off-sales or an employee of such a 
retailer to permit the consumption of liquor on the retailer's 
premises;
    q. For a retailer conducting on-sales or an employee of such a 
retailer to sell or give liquor for consumption off the retailer's 
premises;
    r. To knowingly sell liquor to a person under the age of twenty-one 
(21) years;
    s. For a manufacturer, retailer or employee of either to sell or 
give any liquor to any person or permit the consumption of liquor on 
the licensed premises between the hours of two 2:00 a.m. and 6:00 a.m., 
provided that a manufacturer may sell or give liquor in

[[Page 45975]]

unopened packages to wholesale and retail licensees during any hour;
    t. For a manufacturer or retailer conducting on-sales or an 
employee of either to sell or give liquor to an intoxicated person 
within the licensed premises.
    2. If an act is a violation of this Title when committed by a 
licensee, retailer, wholesaler or manufacturer, the licensee, retailer, 
wholesaler or manufacturer is also liable if the act is committed by 
one of its employees or agents.
    3. In addition to any other consequences for a violation of this 
Title, including suspension or revocation of a license, a person who 
commits a violation under this Section shall be subject to a civil fine 
of up to five hundred dollars ($500) per occurrence, which may be 
imposed by the Board pursuant to a notice of violation and thereafter 
enforced and collected through a civil cause of action brought by the 
Board on behalf of the Tribe in the Tribal Court.
    Section 16-4-8. Violations by Public.
    1. It shall be a violation of this Title for any person:
    a. Who is under the age of twenty-one (21) years, to:
    i. Purchase or attempt to purchase liquor except at the direction 
and under the supervision of the Board, its designee, or other law 
enforcement official for the purpose of enforcing this Title or other 
applicable law governing liquor on Tribal lands;
    ii. Consume or possess liquor except for possession as a part of 
employment to the extent permitted under this Title and any applicable 
state law, consumption or possession as part of a bona fide religious 
ceremony, or consumption or possession in his or her permanent place of 
residence; or
    iii. Attempt to purchase liquor through the use of false or altered 
identification which purports to show the person to be over the age of 
twenty-one (21) years;
    b. To consume liquor from a broken package in a public place, other 
than licensed premises specified in a manufacturer license, a retailer 
license which allows on-sales, or a special event license; or
    c. To transfer in any manner an identification of age to a person 
under the age of twenty-one (21) years for the purpose of permitting 
such person to obtain liquor, provided that corroborative testimony of 
a witness other than the underage person shall be a requirement of 
finding a violation of this subsection.
    2. In addition to any other consequences for a violation of this 
Title, a person who commits a violation of this Section shall be 
subject to a civil fine of up to one hundred dollars ($100) per 
occurrence, which may be imposed by the Board pursuant to a notice of 
violation and thereafter enforced and collected through a civil cause 
of action brought by the Board on behalf of the Tribe in the Tribal 
Court.
    Section 16-4-9. Reporting of Violations. The Board may report any 
violation of this Title to the appropriate officials of other 
jurisdictions and request an investigation and, if appropriate, 
prosecution of such violation as a violation of the laws of that 
jurisdiction, including the criminal laws of that jurisdiction.
    Section 16-4-10. Revocation and Suspension of License.
    1. The Board may summarily suspend for up to fifteen (15) days the 
license of any person upon a finding of imminent danger to the public 
welfare caused by the licensee or any act or omission of the licensee.
    2. The Board, after at least ten (10) days notice and a full 
hearing, may revoke the license of any person for any of the following:
    a. Repeatedly violating or permitting the violation of any 
provision of this Title or the rules and regulations of the Board;
    b. Failure or refusal to pay all taxes imposed on the sale, 
distribution or manufacture of liquor under the laws of the Tribe;
    c. Misrepresentation of a material fact in the licensee's 
application for a license or any renewal thereof;
    d. The occurrence of any event which would have made the licensee 
ineligible for a license if the event had occurred prior to the 
issuance of the license;
    e. Failure to maintain insurance coverage as required by this Title 
for a continuous period of more than thirty (30) days;
    f. Imminent danger to the public welfare caused by the licensee or 
any act or omission of the licensee which has not been corrected within 
a reasonable time after notice from the Board; or
    g. Failure of the licensee to correct an unhealthy or unsafe 
condition on the licensed premises within a reasonable time after 
notice from the Board.
    3. The Board may suspend the license of any licensee for a period 
not exceeding one-hundred eighty (180) days as an alternative to 
revoking the license if the Board is satisfied that the grounds giving 
rise to the revocation or the circumstances thereof are such that a 
suspension of the license would be adequate.
    4. Any suspension of a license pursuant to this Section shall be 
effective twenty-four (24) hours after service of notice thereof upon 
the licensee. During any period of suspension of a license, the 
licensee shall have and exercise no rights or privileges whatsoever 
under the license.
    5. After revocation of a license, the licensee's rights and 
privileges under such license shall terminate twenty-four (24) hours 
after service of notice thereof upon the licensee. Any licensee whose 
license is revoked shall not be granted any license under the 
provisions of this Title for a period of two (2) years from the date of 
revocation.
    Section 16-4-11. Enjoining Business. In addition to any other 
remedies available to it, the Board may bring, in the name of the 
Tribe, an action in any appropriate court to enjoin the operation of 
any unlicensed business, activity, or function when this Title requires 
a license for the conduct of such business, activity or function. The 
enjoining of a business pursuant to this Section shall be deemed an 
exclusion of the business pursuant to the Tribe's power to exclude and 
other inherent powers and authority of the Tribe.
    Section 16-4-12. Seizure of Contraband.
    1. In addition to any other remedies available to it, the Board, 
pursuant to an order issued by the Board, may seize any liquor 
possessed contrary to the terms of this Title, including liquor 
possessed for manufacture or sale, as contraband.
    2. Upon seizure of any liquor pursuant to this Section, the Board 
shall inventory all items seized and leave a written copy of such 
inventory with the person from whom it was seized or, if such person 
cannot be found, posted at the place from which the liquor was seized.
    3. Any person who claims an ownership interest, right of possession 
to, or other interest in liquor seized pursuant to this Section may 
request a formal conference regarding or file an appeal of the Board's 
seizure of such liquor in accordance with the provisions of this 
Chapter governing appeals before the Board.
    4. Upon the expiration or conclusion of any appeal permitted under 
this Chapter of seizure of liquor pursuant to this Section, including 
permitted judicial review, such liquor shall be forfeited and all title 
and ownership interest in such liquor shall vest in the Tribe unless an 
appeal or judicial review returns such liquor to the person from whom 
it was seized or other person entitled thereto.

[[Page 45976]]

    5. If necessary, the Board may file a complaint for forfeiture 
against any liquor seized pursuant to this Section in the Tribal Court. 
Upon the Board showing by clear and convincing evidence that seized 
liquor is contraband under this Title, the Tribal Court shall enter an 
order that such liquor is forfeited and that all title and ownership 
interest in such liquor is vested in the Tribe.
    6. Any liquor seized pursuant to this Section to which title has 
vested in the Tribe that is no longer required for evidence may be sold 
for the benefit of the Tribe or destroyed under the supervision of the 
Board.
    Section 16-4-13. Sovereign Immunity in Enforcement.
    1. Except for valid judicial review of a decision of the Board as 
provided in this Title, nothing in this Title shall be construed as 
limiting, waiving or abrogating the sovereignty or the sovereign 
immunity of the Board or any of its agents, officers, officials, 
personnel or employees.
    2. An action brought or taken by the Board, including without 
limitation the bringing of suit for the collection of fines or 
enjoining a business, activity or function, shall not constitute a 
waiver of sovereign immunity as to any counterclaim, regardless of 
whether the asserted counterclaim arises out of the same transaction or 
occurrence or in any other respect.
    3. No economic enterprise of the Tribe may claim sovereign immunity 
as a defense to any action brought or taken by the Board, including a 
suit for the collection of fines or the enjoining of a business, 
activity or function of such economic enterprise and, to the extent 
necessary, the Tribe waives the sovereign immunity of its economic 
enterprises in any action brought or taken by the Board against such 
economic enterprise.

[FR Doc. 2018-19733 Filed 9-10-18; 8:45 am]
 BILLING CODE 4337-15-P



                                               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
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                                               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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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                            45967

                                                  c. All lands of the Tribe or its                     required for the proper discharge of its              the Tribal Council appoints his or her
                                               members defined as Indian country by                    duties under this Title, provided that, to            successor.
                                               18 U.S.C. 1151, including dependent                     the maximum extent feasible, the Board                   Section 16–2–5. Compensation. Board
                                               Indian communities.                                     shall first use personnel and employees               members shall be compensated at a rate
                                                  17. ‘‘Wholesaler’’ means any person                  of the Tribal administration as                       set by the Tribal Council. In addition,
                                               who acquires or otherwise possesses                     authorized in this Chapter.                           Board members shall be paid for
                                               liquor for resale or otherwise sells,                      Section 16–2–2. Composition. The                   mileage for every Board meeting
                                               distributes, resells or gives away liquor               Board shall consist of five (5) members               attended in accordance with the rules
                                               to a retailer.                                          as follows:                                           applicable to and at the standard rate
                                                  18. ‘‘Wine’’ means any alcoholic                        1. One (1) Tribal Council member                   established for Tribal officers and
                                               beverage obtained by fermentation of                    designated by the Tribal Council, who                 employees.
                                               fruits, vegetables or other agricultural                shall serve as the Chairperson of the                    Section 16–2–6. Resignation and
                                               products containing sugar, including                    Board; and                                            Removal.
                                               such beverages when fortified by the                       2. Four (4) individuals who shall be                  1. Any Board member may resign
                                               addition of alcohol or spirits.                         appointed by the Tribal Council.                      from his or her position by delivering a
                                                  Section 16–1–4. Consent to                              Section 16–2–3. Qualifications. To be              written resignation to the Tribal
                                               Jurisdiction. Any person who resides on                 qualified to be appointed a Board                     Council.
                                               Tribal lands or conducts business or                    member, a person shall:                                  2. Any Board member who is a Tribal
                                               engages in a business transaction on                       1. Be at least the age of majority;                Council member designated by the
                                               Tribal lands or with the Tribe, enters                     2. Have no conflicts of interest, as               Tribal Council to serve on the Board
                                                                                                       defined in this Chapter;                              shall automatically be removed from the
                                               into a consensual relationship with
                                                                                                          3. Not have been convicted of any                  Board upon the Tribal Council
                                               Tribe, acts under Tribal authority, or
                                                                                                       felony or any crime involving or related              member’s resignation or removal from
                                               enters on Tribal lands shall be deemed
                                                                                                       to alcohol or drugs in any court of any               the Tribal Council.
                                               to have consented to the following:                                                                              3. The Tribal Council may, by
                                                  1. To be bound by the terms of this                  jurisdiction in the five (5) years prior to
                                                                                                       appointment unless pardoned and fully                 majority vote, remove a Board member
                                               Title; and                                                                                                    for any the following:
                                                  2. To the exercise of jurisdiction by                restored of his or her civil rights by the
                                                                                                       proper authorities prior to appointment;                 a. Violating or permitting violation of
                                               the Tribal Court over him or her in an                                                                        this Title;
                                               action arising under this Title.                           4. Be willing and able to comply with
                                                                                                       the ethical duties of Board members, as                  b. Neglect of duty;
                                                  Section 16–1–5. Non-Liability. There                                                                          c. Malfeasance or misfeasance in the
                                               shall be no liability on the part of the                defined in this Chapter;
                                                                                                          5. Be willing and able to perform the              handling of liquor control matters;
                                               Tribe, its agencies, departments,                                                                                d. Acceptance or solicitation of bribes;
                                               enterprises, agents, officers, officials or             Board’s duties in compliance with the                    e. Violation of the ethical duties or
                                               employees for any damages which may                     laws of the Tribe;                                    conflict of interest provisions of this
                                               occur as a result of reliance upon or                      6. Have or acquire knowledge of this               Chapter;
                                               conformity with the provisions of this                  Title;                                                   f. Unexcused absence from three (3) or
                                                                                                          7. Have the time available to actively             more consecutive Board meetings;
                                               Title.
                                                                                                       fulfill the duties of a Board member; and                g. Any crime committed against the
                                                  Section 16–1–6. Severability. If any
                                                                                                          8. Be willing to receive orientation               Tribe which results in a conviction or
                                               chapter, section or provision of this
                                                                                                       and training regarding the duties of the              admission of guilt; or
                                               Title or amendment made by this Title
                                                                                                       Board.                                                   h. Upon the happening of any event
                                               is held invalid, the remaining chapters,                   Section 16–2–4. Term of Office.
                                               sections and provisions of this Title and                                                                     which would have made the Board
                                                                                                          1. The Tribal Council member                       member ineligible for appointment if
                                               amendments made by this Title shall                     designated by the Tribal Council to
                                               continue in full force and effect.                                                                            the event had occurred prior to
                                                                                                       serve on the Board shall hold office                  appointment.
                                                  Section 16–1–7. Sovereign Immunity.                  until he or she no longer holds office on
                                               Except where expressly waived by a                                                                               4. The Tribal Council’s decision to
                                                                                                       the Tribal Council regardless of whether              remove a Board member shall be final
                                               section of this Title specifically referring            there is a successor in the office, but a
                                               to a waiver of sovereign immunity,                                                                            and not subject to challenge, review or
                                                                                                       former Tribal Council member                          appeal.
                                               nothing in this Title shall be construed                designated by the Tribal Council to                      Section 16–2–7. Vacancies. In the
                                               as limiting, waiving or abrogating the                  serve on the Board may be appointed to                event of a vacancy on the Board,
                                               sovereignty or the sovereign immunity                   another position on the Board in                      whether by removal, resignation, or
                                               of the Tribe or any of its agencies,                    accordance with this Chapter.                         otherwise, the Tribal Council shall
                                               departments, enterprises, agents,                          2. Upon the selection of the initial               appoint a replacement to serve the
                                               officers, officials or employees.                       Board members, the Tribal Council shall               remaining term of the Board member
                                               CHAPTER 2                                               choose from the members other than the                being replaced. In the event of an
                                                                                                       Tribal Council member designated by                   emergency vacancy, the Tribal Council
                                               LIQUOR CONTROL BOARD                                    the Tribal Council to serve on the Board,             may hold a special meeting to fill the
                                                 Section 16–2–1. Establishment.                        by lot, one (1) Board member who will                 vacancy.
                                                 1. There is hereby established a liquor               serve an initial term of one (1) year, one               Section 16–2–8. Officers.
                                               control board to be known as the Ponca                  Board member who will serve an initial                   1. The Chairperson of the Board shall
                                               Tribe of Nebraska Liquor Control Board                  term of two (2) years, and two (2) Board              call and preside over Board meetings.
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                                               as an agency of the Tribe, under the                    members who will serve an initial term                The Chairperson shall report to the
                                               authority of the Tribe, and delegated the               of three (3) years. Thereafter, the term of           Tribal Council as required.
                                               powers, duties, and responsibilities set                office for Board members shall be three                  2. The Board shall elect from its
                                               forth in this Title and as otherwise                    (3) years.                                            members a Secretary at its first meeting
                                               provided by the laws of the Tribe.                         3. Except as otherwise provided                    in each calendar year or at the next
                                                 2. The Board may employ such other                    herein, each Board member shall serve                 meeting of the Board if a vacancy occurs
                                               personnel and employees as may be                       until he or she resigns, is removed, or               in the office of Secretary.


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                                               45968                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                  3. The Secretary shall be responsible                   a. Himself or herself;                                5. Matters dealing with personnel or
                                               for assuring the timely and proper                         b. A member of his or her immediate                other confidential matters shall be
                                               production, distribution and storage of                 family;                                               conducted in executive session and
                                               all written records of the Board,                          c. Any person, business or other                   shall not be open to the public.
                                               including administrative and financial                  entity of which he or she or a member                    Section 16–2–13. Powers and Duties
                                               documents. The Secretary shall keep                     of his or her immediate family is an                  of Board. The power, authority and
                                               minutes of all meetings of the Board and                employee;                                             duties of the Board shall be as follows:
                                               shall keep informed about the Board’s                      d. Any business or other entity in                    1. To administer, implement and
                                               expenditures and budget.                                which he or she or a member of his or                 enforce this Title;
                                                  Section 16–2–9. Ethics and Conflicts.                her immediate family has a substantial                   2. To make recommendations to the
                                                  1. No person may be appointed to the                 ownership interest; or                                Tribal Council concerning amendments
                                               Board who:                                                 e. Any business or other entity with               to this Title;
                                                  a. Is employed by, an officer of, or has             which he or she or a member of his or                    3. To receive applications for and
                                               a private ownership interest, whether                   her immediate family has a substantial                issue to and suspend, cancel and revoke
                                               direct or indirect, in any entity or                    contractual relationship.                             licenses of manufacturers, wholesalers,
                                               organization that is a retailer,                           2. Nothing in this Section shall                   and retailers in accordance with this
                                               wholesaler, manufacturer, brewer or                     preclude a Board member from                          Title and the rules and regulations of
                                               distiller;                                              participating in any action or decision               the Board;
                                                  b. Is engaged in litigation against the              by the Board which:                                      4. To obtain information and conduct
                                               Tribe in a matter related to the subject                   a. Generally affects a class of persons,           background investigations to determine
                                               matter of the Board; or                                 regardless of whether the Board member                the suitability of an applicant for a
                                                  c. Has a similar interest that would                 or a member of his or her immediate                   license;
                                               necessarily conflict with the impartial                 family is a member of the affected class;                5. To bring legal action in the name
                                               performance of a Board member’s                         and                                                   of the Tribe to enforce this Title;
                                               duties.                                                    b. Affects the Tribe, an economic                     6. To inspect any premises where
                                                  2. The Tribal Council’s determination                enterprise of the Tribe, or a person or               liquor is manufactured, distributed, or
                                               whether an applicant for the Board is                   entity in a contractual relationship with             sold as provided in this Title;
                                               barred from appointment by a conflict of                the Tribe or an economic enterprise of                   7. To conduct an audit to inspect any
                                               interest shall be final and not subject to              the Tribe, regardless of whether the                  licensee’s records and books as
                                               challenge, review or appeal.                            Board member is also a member of the                  provided in this Title;
                                                  3. Board members shall:                              Tribe.                                                   8. To conduct hearings and hear
                                                  a. Not accept or request any gift,                      3. A Board member may voluntarily                  appeals authorized by this Title,
                                               gratuity, compensation, employment or                   recuse himself or herself and decline to              provided the Board shall have no
                                               other thing of value from any                           participate in any action or decision by              authority to declare any portion of this
                                               manufacturer, wholesaler, retailer,                     the Board when the Board member, in                   Title or other law of the Tribe invalid
                                               holder or applicant for a liquor license,               his or her own discretion, believes:
                                                                                                                                                             for any reason;
                                               or other person subject to this Title;                     a. That he or she cannot act fairly or
                                                                                                                                                                9. In the conduct of any hearing or
                                                  b. Avoid the appearance of                           without bias; or
                                                                                                          b. That there would be an appearance               audit, to issue subpoenas, compel the
                                               impropriety;
                                                  c. Not act in an official capacity when              that he or she could not act fairly or                attendance of witnesses, administer
                                               a matter before the Board directly and                  without bias.                                         oaths, and require testimony under oath
                                               specifically affects a Board member’s                      Section 16–2–11. Quorum. Three (3)                 at any hearing conducted by the Board;
                                               own interests or the interests of his or                Board members shall constitute a                         10. To examine, under oath, either
                                               her immediate family;                                   quorum for conducting business.                       orally or in writing, any person with
                                                  d. Not attempt to exceed the authority                  Section 16–2–12. Meetings.                         respect to any matter subject of this
                                               granted to Board members by this Title;                    1. The Board may hold meetings as it               Title;
                                                  e. Recognize that the authority                      deems necessary.                                         11. To collaborate and cooperate with
                                               delegated by this Title is to the Board as                 2. The Chairperson of the Board shall              such other agencies of the Tribe, other
                                               a whole, not to individual Board                        have the authority to call a meeting of               tribes, the United States and the states
                                               members and, accordingly, the powers                    the Board as he or she sees fit upon                  as necessary to implement and enforce
                                               of the Board may only be exercised by                   forty-eight (48) hours written notice.                this Title;
                                               the Board acting through the procedures                 Written notice to a Board member may                     12. To develop standard forms and to
                                               established by this Title;                              be dispensed with as to any Board                     require by regulation the filing of any
                                                  f. Not take action on behalf of the                  member who is actually present at the                 such forms or reports necessary for
                                               Board unless authorized to do so by the                 meeting at the time it convenes.                      implementation of this Title;
                                               Board;                                                     3. The Board may conduct a meeting                    13. To utilize or adopt forms from
                                                  g. Not involve the Board in any                      exclusively by telephone, video                       other appropriate jurisdictions to use as
                                               controversy outside the Board’s duties;                 conference or other electronic means                  its own so long as such forms meet the
                                               and                                                     provided that the notice of the Board                 requirements of the laws of the Tribe for
                                                  h. Hold all confidential information                 meeting provides the manner in which                  which such forms are utilized;
                                               revealed during the course of Board                     the meeting will be conducted and                        14. To promulgate rules and
                                               business in strict confidence and                       includes information on how a person                  regulations, subject to approval of the
                                               discuss or disclose such information                    may attend the meeting, such as a                     Tribal Council and consistent with the
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                                               only to persons who are entitled to the                 telephone number for participation in                 laws of the Tribe, which are necessary
                                               information and only for the purpose of                 the meeting.                                          for carrying out this Title;
                                               conducting official Board business.                        4. All decisions of the Board shall be                15. To delegate any of its power,
                                                  Section 16–2–10. Recusal.                            made by a majority vote of the Board                  authority and duties to an individual
                                                  1. No Board member shall participate                 members attending the meeting,                        Board member or other personnel or
                                               in any action or decision by the Board                  provided a quorum is present, unless                  employee of the Board, provided that
                                               directly involving:                                     otherwise provided in this Title.                     the Board shall not delegate its power to


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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                           45969

                                               promulgate rules and regulations or to                  same in the rules of procedure                        safeguarding of any instrument
                                               conduct hearings and hear appeals; and                  governing civil actions in Tribal Court.              developed under this Section and shall
                                                  16. To perform all other duties                         Section 16–2–16. Rules and                         safeguard such instruments against
                                               delegated or assigned to the Board by                   Regulations. The Board shall                          theft, counterfeiting and improper use.
                                               this Title or other laws of the Tribe or                promulgate rules and regulations, not                    Section 16–2–19. Records of Board.
                                               the Tribal Council and otherwise                        inconsistent with this Title and subject                 1. The Board shall create and
                                               implement this Title.                                   to the approval of Tribal Council, as it              maintain accurate and complete records
                                                  Section 16–2–14. Obtaining                           deems necessary or desirable in the                   which contain information and
                                               Information.                                            public interest in carrying out the duties            documents necessary for the proper and
                                                  1. The Board may request such                        of the Board including, but not limited               efficient operation of the Board,
                                               information relevant and material to the                to:                                                   including, but not limited to:
                                               enforcement of this Title from any and                     1. Internal operational procedures;                   a. All licenses, permits, and the like
                                               all persons who:                                           2. The forms to be used for purposes               issued and any fees received for the
                                                  a. Are engaged in the introduction,                  of this Title;                                        same;
                                               sale, distribution, or possession of                       3. Procedures for conducting                          b. All fees and penalties imposed, due
                                               liquor on Tribal lands or with the Tribe;               investigations and inspections;                       and collected; and
                                               or                                                         4. Procedures for all hearings                        c. Each and every official transaction,
                                                  b. Are otherwise subject to the                      conducted by the Board;                               communication or action of the Board.
                                               jurisdiction of the Tribe.                                 5. Conditions of sanitation of                        2. The records of the Board shall be
                                                  2. Upon a written request, such                      premises of licensees of the Board; and               maintained at the office of the Board
                                               persons shall provide the information                      6. Protection of the due process rights            and shall not be removed from said
                                               requested by the Board. The Board may                   of all persons subject to the enforcement             office without the written authorization
                                               issue a subpoena as provided in this                    of this Title by the Board.                           of the Board.
                                               Chapter or request the Court to issue a                    Section 16–2–17. Board Seal.                          3. Except where provided otherwise
                                               subpoena or other order, including ex                      1. The Board shall acquire an official             in the laws of the Tribe, the records and
                                               parte without a hearing, to obtain the                  seal which shall be used on all original              other information of the Board shall be
                                               information required to be provided                     and/or certified copies of all documents              considered public records of the Board
                                               under this Section.                                     of the Board to evidence their                        and shall be provided or made available
                                                  Section 16–2–15. Investigative                       authenticity.                                         for inspection during regular business
                                               Authority.                                                 2. The seal of the Board shall:                    hours upon proper written request to
                                                  1. For the purpose of enforcing the                     a. Be circular in shape;                           the Board and payment of any copying
                                               provisions of this Title, the Board shall                  b. Contain the words ‘‘Ponca Tribe of              costs set by the Board, provided that
                                               have the authority to inspect property                  Nebraska’’ around the top edge;                       confidential personal information
                                               during regular business hours, to                          c. Contain the words ‘‘Liquor Control              appearing in such records is rendered
                                               examine and require the production of                   Board’’ around the bottom edge; and                   unreadable prior to provision or
                                               any pertinent records, books,                              d. Contain the words ‘‘Official seal’’
                                                                                                                                                             inspection.
                                               information, or evidence, and to require                in the center.                                           4. The records of the Board shall be
                                               the presence of any person and require                     3. The seal shall be secured at all
                                                                                                                                                             subject to audit at any time at the
                                               testimony under oath concerning the                     times to prevent unauthorized use.
                                                                                                                                                             direction of the Tribal Council, but not
                                               subject matter of any inquiry of the                       Section 16–2–18. Stamps and
                                                                                                                                                             less than once each year.
                                               Board, and to make a permanent record                   Licenses.
                                                                                                                                                                Section 16–2–20. Use of Other
                                               of the proceeding.                                         1. The Board shall provide for the
                                                  2. For the purpose of accomplishing                                                                        Resources. In carrying out its duties and
                                                                                                       form, size, color and identifying
                                               the authority granted in this Section, the                                                                    responsibilities:
                                                                                                       characteristics of all licenses, permits,
                                               Board shall have the power to issue                                                                              1. The Board may use the services,
                                                                                                       stamps, tags, receipts or other
                                               subpoenas and summons requiring                                                                               information or records of other
                                                                                                       instruments evidencing receipt of any
                                               attendance and testimony of witnesses                                                                         departments and agencies of the Tribe
                                                                                                       license or payment of any fee
                                               and production of papers or other things                                                                      or otherwise available to the Tribe, both
                                                                                                       administered by the Board or otherwise
                                               at any hearing held pursuant to this                                                                          from within and without the Tribe, and
                                                                                                       showing compliance with this Title.
                                               Title.                                                                                                        such departments, agencies and others
                                                                                                          2. Any instrument developed by the
                                                  3. If a person fails to comply with a                                                                      shall furnish such services, information
                                                                                                       Board under this Section shall contain
                                               subpoena issued by the Board, the                                                                             or records upon request of the Board;
                                                                                                       at least the following information:
                                               Board may apply to the Tribal Court for                    a. The words ‘‘Ponca Tribe’’ or, if                and
                                               issuance of an order to show cause                      space allows, ‘‘Ponca Tribe of                           2. The Board may use personnel and
                                               which directs that the person against                   Nebraska;’’                                           employees of the Tribal administration
                                               whom the subpoena was issued shall                         b. If space allows, the words ‘‘Liquor             as it would personnel and employees of
                                               comply with the subpoena within ten                     Control Board;’’                                      the Board, provided the Board
                                               (10) business days or show cause why                       c. If the instrument is a license or               coordinates with and obtains approval
                                               he or she should not be held in                         permit, an indication of the type of                  from the Tribal administration.
                                               contempt of court in accordance with                    license or permit, its effective dates, and           CHAPTER 3
                                               the laws of the Tribe. The Tribal Court                 the name and address of the person to
                                                                                                                                                             LIQUOR LICENSES
                                               shall issue the order to show cause                     whom it is issued; and
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                                               without notice or hearing, unless the                      d. If the instrument is a receipt, an                 Section 16–3–1. License Required. No
                                               Court finds that the subpoena was not                   indication of what the receipt is for, any            person may sell, distribute or
                                               lawfully issued or was not properly                     amount the receipt is for, and the name               manufacture liquor on Tribal lands
                                               served in accordance with this Section.                 and address of the person to whom it is               except as specifically authorized by a
                                                  4. Any subpoena, summons or notice                   issued.                                               license issued in accordance with this
                                               issued by the Board shall be served in                     3. The Board shall provide for the                 Chapter and compliance with all other
                                               the manner provided for service of the                  manufacture, delivery, storage and                    applicable laws governing the same.


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                                               45970                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                  Section 16–3–2. Exemptions. The                         2. A manufacturer license shall allow:             locations or events on Tribal lands, a
                                               following liquor and activities shall be                   a. The manufacture, distilling,                    separate special event license shall be
                                               exempt from the provisions of this Title,               brewing, and storage of liquor on Tribal              required for each location.
                                               including the requirement of a liquor                   lands;                                                   2. A special event license shall allow
                                               license:                                                   b. The sale of liquor to wholesale and             the licensee to sell and offer for sale
                                                  1. Any pharmaceutical preparation                    retail licensees on Tribal lands without              liquor at retail for use or consumption
                                               containing liquor which is prepared by                  the requirement of any other license                  on the premises of the event specified
                                               a druggist according to a formula of the                under this Chapter; and                               in the license, but not for resale in any
                                               pharmacopeia or dispensatory of the                        c. The retail on-sale of liquor to                 form.
                                               United States;                                          individuals on the premises of the                       3. A special event license shall
                                                  2. Wine or beer manufactured in a                    manufacturer without the requirement                  designate the precise day or period of
                                               residence for consumption therein and                   of any other license under this Chapter.              days for which the license was issued
                                               not for sale;                                              3. The annual fee for a manufacturer               and shall be valid only for such
                                                  3. Alcohol used or intended for use:                 license shall be one thousand dollars                 designated day or days.
                                                  a. For scientific research or                        ($1,000.00).                                             4. The fee for a retail license shall be
                                               manufacturing products other than                          Section 16–3–5. Wholesale License.                 fifty dollars ($50.00) per day.
                                               liquor;                                                    1. Any person who engages in the sale                 5. The Board may provide by
                                                  b. By a physician, medical or dental                 of liquor to manufacturers, retailers or              regulation for issuing special event
                                               clinic, or hospital;                                    wholesalers on Tribal lands shall be                  licenses with reduced or no fees and
                                                  c. In tinctures or toilet, medicinal, and            required to first obtain a wholesale                  utilizing expedited applications and
                                               antiseptic preparations and solutions                   license from the Board. If a person sells             procedures exempt from the notice and
                                               not intended for internal human use nor                 or delivers from or stores liquor at two              hearing requirements of this Chapter to
                                               to be sold as beverages, and which are                  or more separate places of business on                licensed retailers conducting on-sales,
                                               unfit for beverage purposes, such as                    Tribal lands, a separate wholesale                    including caterers and the like, for the
                                               cleaning compounds;                                     license shall be required for each place              purpose of allowing such retailers to sell
                                                  d. In food products known as                         of business.                                          and offer for sale liquor at events on
                                               flavoring extracts when manufactured                       2. A wholesale license shall allow:                premises other than the premises
                                               and sold for cooking, culinary, or                         a. The wholesale purchase,                         designated in the retail license.
                                               flavoring purposes, and which are unfit                 importation, and storage of liquor and                   Section 16–3–8. Registration of
                                               for use for beverage purposes; or                       sale of liquor to licensees on Tribal                 Salesmen.
                                                  e. By persons exempt from regulation                 lands; and                                               1. No person may take or solicit
                                               in accordance with the laws of the                         b. The sampling of liquor on the                   orders for liquor on Tribal lands without
                                               United States;                                          premises of the licensee or a licensed                first registering with the Board and
                                                  4. Ethanol or ethyl alcohol for use as               retailer by a licensee and his or her                 providing the following:
                                               fuel; and                                               employees.                                               a. His or her name and address;
                                                  5. Liquor used in a bona fide religious                 3. The annual fee for a wholesale                     b. The name and address of his or her
                                               ceremony.                                               license shall be seven hundred fifty                  employer or principal; and
                                                  Section 16–3–3. Liquor Licenses.                     dollars ($750.00).                                       c. Such other information the Board
                                                  1. Licenses issued by the Board shall                   Section 16–3–6. Retail License.                    may require.
                                               be of the following types:                                 1. Any person who engages in the                      2. There shall be no fee for
                                                  a. Manufacturer license;                             retail sale of liquor on Tribal lands shall           registration under this Section, but
                                                  b. Wholesale license;                                be required to first obtain a retail license          registration shall require renewal each
                                                  c. Retail license; and                               from the Board. If a person makes sales               calendar year.
                                                  d. Special event license.                            at two or more separate places of                        Section 16–3–9. Application for
                                                  2. Except for special event licenses, a              business on Tribal lands, a separate                  License.
                                               license issued by the Board shall be in                 retail license shall be required for each                1. Any person or entity desiring a
                                               force and effect for one (1) year                       place of business.                                    license pursuant to this Chapter shall
                                               following the date it is issued, unless                    2. A retail license shall allow the                complete and file an application for the
                                               sooner revoked.                                         licensee to sell and offer for sale liquor            appropriate license with the Board and
                                                  3. Any person required to obtain a                   on the premises of the licensee specified             pay such application fee as may be set
                                               license under this Chapter who fails to                 in the retail license at retail for use or            by the Board to defray the costs of
                                               obtain such license or who continues to                 consumption but not for resale in any                 processing the application.
                                               manufacture, distribute or sell liquor                  form.                                                    2. In addition to any other items
                                               after such license has been revoked                        3. A retail license shall designate                required by the Board, all applications
                                               shall forfeit his or her right to                       whether the licensee is permitted to                  for a license pursuant to this Chapter
                                               manufacture, distribute or sell liquor on               make on-sales or off-sales, but shall not             shall include the following:
                                               Tribal lands until he or she complies                   permit both.                                             a. The name, address and telephone
                                               with all of the provisions of this Title.                  4. The annual fee for a retail license             number of the applicant;
                                                  Section 16–3–4. Manufacturer                         shall be two hundred fifty dollars                       b. Any other names used by the
                                               License.                                                ($250.00).                                            applicant, including trade names;
                                                  1. Any person who is a manufacturer,                    Section 16–3–7. Special Event                         c. Whether the applicant is a
                                               brewer or distiller located on Tribal                   License.                                              partnership, corporation, limited
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                                               lands shall be required to first obtain a                  1. Any person who engages in the                   liability company, sole proprietorship or
                                               manufacturer license from the Board. If                 retail sale of liquor on Tribal lands for             other entity and the jurisdiction where
                                               a person manufactures liquor at two or                  a period of less than seven (7)                       the applicant is organized or registered
                                               more separate places of business on                     consecutive days for an event shall be                to conduct business;
                                               Tribal lands, a separate manufacturer                   required to first obtain a special event                 d. The names, addresses, telephone
                                               license shall be required for each place                license from the Board. If a person                   numbers and social security numbers of
                                               of business.                                            makes sales at two or more separate                   the applicant’s principals, which shall


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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                           45971

                                               include the applicant’s officers,                       prescribed by the Board any time prior                   a. The need of the area to be served
                                               directors, managers, owners, partners,                  to the Board considering the                          by the applicant;
                                               stockholders that own twenty-five                       application.                                             b. The number of existing licensed
                                               percent (25%) or more of the applicant’s                   Section 16–3–11. Processing                        businesses covering the area;
                                               business, and the ten (10) largest                      Application.                                             c. The desires of the community
                                               stockholders of applicant’s business                       1. Upon receipt of an application for              within the area to be served;
                                               regardless of percentage of stock owned;                a license, the Board shall conduct or                    d. Any law enforcement problems
                                                  e. The identity of all persons, other                cause to be conducted a background                    which may arise because of the sale,
                                               than principals, who have an economic                   investigation of the applicant and each               distribution or manufacture of liquor by
                                               interest in the applicant’s business;                   of its principals. The background                     the applicant; and
                                                  f. The federal tax identification                    investigation shall include, at a                        e. Any other relevant consideration.
                                               number or social security number of the                 minimum:                                                 5. The Board, in its discretion and
                                               applicant;                                                 a. Verification of the applicant’s                 upon notice to the applicant and the
                                                  g. The location where the applicant                  business organization and registration                public, may conduct a hearing regarding
                                               intends to sell, distribute or                          status;                                               any application. Such hearing shall be
                                               manufacture liquor, as the case may be;                    b. Verification of the applicant’s state           open to the public and any interested
                                                  h. The type of application desired;                  liquor license, its status and any                    persons shall be permitted to present
                                                  i. Whether the applicant will sell,                  enforcement history; and                              information, including witnesses and
                                               distribute or manufacture liquor on                        c. Conducting a criminal history                   evidence, to the Board regarding the
                                               Tribal lands;                                           check of the applicant and the                        application.
                                                  j. Whether the applicant is licensed by              applicant’s principals.                                  6. If an applicant has not obtained a
                                               the appropriate state within whose                         2. The Board shall issue a license to              liquor license from the appropriate state
                                               boundaries the applicant is located to                  an applicant only if it finds, after                  within whose boundaries the applicant
                                               sell, distribute, or manufacture liquor,                considering the application and any                   is located, the Board may approve the
                                               as applicable;                                          comments submitted by the public:                     applicant’s license conditioned upon
                                                  k. Information on each liquor license                   a. The applicant did not knowingly                 the receipt of such state liquor license.
                                               which the applicant has held in any                     provide any false information to the                  If the Board conditionally approves a
                                               jurisdiction;                                           Board regarding its application;
                                                                                                                                                             license pursuant to this subsection, the
                                                  l. Whether the applicant or any of its                  b. The applicant is or is expected to
                                                                                                                                                             Board shall not issue a license to the
                                               principals have been convicted of or                    be licensed by the appropriate state
                                                                                                                                                             applicant unless and until the applicant
                                               plead guilty to a felony or any criminal                within whose boundaries the applicant
                                               offense regarding liquor;                                                                                     provides satisfactory proof that it has
                                                                                                       is located to sell, distribute, or
                                                  m. Whether the applicant or any of its                                                                     received a state liquor license.
                                                                                                       manufacture liquor, as applicable;
                                               principals have had a liquor license                       c. If the applicant is a corporation or               7. The Board shall issue a decision on
                                               revoked or suspended in any                             other entity, that it is organized under              the application in writing. The Board’s
                                               jurisdiction; and                                       the laws of the Tribe or registered to                decision shall be served on the
                                                  n. Agreement by the applicant to                     conduct business on Tribal lands in                   applicant and posted at all Tribal
                                               comply with the laws of the Tribe and                   accordance with the laws of the Tribe                 governmental offices and on the Tribe’s
                                               all conditions of the license issued by                 governing the same;                                   website for at least fifteen (15) days and
                                               the Board.                                                 d. Neither the applicant nor any of its            published in the next edition of the
                                                  Section 16–3–10. Notice of                           principles has been convicted of or                   Tribal newsletter.
                                               Application.                                            plead guilty to a felony or any criminal                 Section 16–3–12. Form of License.
                                                  1. Upon receipt of an application for                                                                         1. Each license issued pursuant to this
                                                                                                       offense related to liquor in any
                                               a license, the Board shall issue a notice                                                                     Chapter shall specify:
                                                                                                       jurisdiction;
                                               of the application which shall include:                    e. Neither the applicant nor any of its               a. The name and address of the
                                                  a. The name of the applicant;                        principals has had a liquor license                   licensee;
                                                  b. The location where the applicant                                                                           b. The type of license issued;
                                                                                                       revoked in any jurisdiction in the
                                               intends to sell, distribute or                                                                                   c. The premises to which the license
                                                                                                       previous two (2) years;
                                               manufacture liquor;                                        f. The requirements of this Title and              applies;
                                                  c. The date the Board intends to                                                                              d. If the license is a manufacturer
                                                                                                       the Board’s regulations have been met;
                                               consider the application, which shall be                   g. The applicant’s capability,                     license, the type of liquor the licensee
                                               no sooner than thirty (30) days after the               qualifications, and reliability are                   is permitted to manufacture, distill,
                                               notice is posted in accordance with this                satisfactory; and                                     brew, store, and sell; and
                                               Section;                                                   h. The best interests of the Tribe, its               e. If the license is a retail license,
                                                  d. Information on submitting                         members, and the community as a                       whether it permits on-sales or off-sales
                                               comments on the application to the                      whole will be served by the issuance of               with respect to the premises to which
                                               Board by mail or electronic means; and                  the license.                                          the license applies.
                                                  e. A statement that comments on the                     3. In reviewing an applicant’s                        2. The licensee must keep the license
                                               application must be received no later                   capability, qualifications and reliability,           posted at all times in a conspicuous
                                               than the day prior to the Board                         the Board shall consider:                             place on the premises for which it has
                                               considering the application.                               a. The character and reputation of the             been issued.
                                                  2. The notice of the application shall               applicant;                                               3. Licensees must pay all taxes
                                               be posted at all Tribal governmental                       b. The suitability of the physical                 assessed against it under the laws of the
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                                               offices and on the Tribe’s website for at               premises of the applicant;                            Tribe.
                                               least thirty (30) days and, if an edition                  c. The plan of operation of the                       4. Licensees shall comply, as a
                                               of the Tribal newsletter will be released               applicant; and                                        condition of retaining such license, with
                                               prior to consideration of the application,                 d. Any other relevant consideration.               all applicable laws of the Tribe and with
                                               published in the Tribal newsletter.                        4. In reviewing the interests of the               all requests of the Board for inspection,
                                                  3. Persons may submit comments on                    Tribe, its members and the community                  examination and audit permitted under
                                               the application in the manner                           as a whole, the Board shall consider:                 this Title.


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                                               45972                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                  5. Notwithstanding anything else in                     5. If a licensee requests a change in                 2. The Board may grant a former
                                               the laws of the Tribe, a license issued                 location, the Board shall issue and post              licensee an additional twenty (20) days
                                               pursuant to this Chapter constitutes                    a notice of the modification of location              to sell or otherwise dispose of its stock
                                               only a permit to the licensee to conduct                and permit public comment the same as                 upon the former licensee showing good
                                               the activities permitted by the license                 an application for a new license. The                 cause for such extension and no failure
                                               for the duration of the license and shall               Board shall approve a change in                       in due diligence to make such disposal.
                                               not be construed or deemed to                           location only if it finds, after                         3. Any liquor remaining in the
                                               constitute a property or other vested                   considering the application and any                   possession of a former licensee and not
                                               right of any kind or give rise to a legal               comments submitted by the public:                     disposed of in accordance with this
                                               entitlement to a license for any future                    a. The applicant has obtained or is in             Section shall be treated as contraband in
                                               period of time.                                         the process of obtaining a license or                 accordance with this Title.
                                                  Section 16–3–13. Renewal of License.                 modification for the new location from                   4. A former licensee shall submit to
                                                  1. A licensee may renew its license by               the appropriate state within whose                    the Board a complete report of the
                                               filing an application for renewal with                  boundaries the applicant is located,                  disposition of all stock pursuant to this
                                               the Board and paying such renewal                       provided that the Board may approve                   Section.
                                               application fee as may be set by the                    the change in location conditioned upon                  Section 16–3–17. Duty to Keep
                                               Board to defray the costs of processing                 the receipt of such state license or                  Records. Every licensee shall keep and
                                               the application.                                        modification so long as the Board does                maintain accurate records of the
                                                  2. The renewal application shall                     not issue the modified license unless                 purchase and sale of liquor, including
                                               identify any changes in information                     and until the applicant provides                      books of account, invoices, and bills.
                                               required on the licensee’s application                  satisfactory proof that it has received a             Such records shall be maintained for a
                                               for a license since the issuance of the                 state license or modification;                        period of at least two (2) years.
                                               license or previous renewal, whichever                     b. The physical premises of the new                   Section 16–3–18. Operation of
                                               is later, or the applicant shall certify                location is suitable for the license; and             Licensed Premises.
                                               that no such information has changed.                      c. The best interests of the Tribe, its               1. No licensee may reseal, reuse, or
                                                  3. A license issued pursuant to this                 members and the community as a whole                  refill any package that contains or
                                               Chapter shall be automatically renewed                  will be served by the modification of the             contained liquor.
                                               upon submission of a renewal                            location.                                                2. No retail licensee may lock, or
                                               application and payment of the                             6. If the Board approves a                         permit the locking of the entrances to
                                               applicable annual license fee, unless:                  modification of a license pursuant to                 the licensed premises until all persons
                                                  a. Information required on the                                                                             other than the licensee and its
                                                                                                       this Section, the Board shall issue a
                                               application for a license has changed in                                                                      employees have left.
                                                                                                       modified license to the licensee
                                               such a manner that it makes the licensee                                                                         3. No licensee may change the name
                                                                                                       reflecting the modified information. The
                                               ineligible for a license under this                                                                           of its licensed premises without first
                                                                                                       modified license shall expire on the
                                               Chapter; or                                                                                                   obtaining a modification of its license as
                                                                                                       same date as the original license.
                                                  b. The Board determines in writing                                                                         provided in this Chapter.
                                                                                                          7. Any modification of a license not                  4. A licensee shall conduct its
                                               that renewal would not be in the best
                                                                                                       provided for in this Section shall                    business in a decent, orderly and
                                               interests of the Tribe, its members or the
                                                                                                       require the issuance of a new license in              respectable manner and shall not permit
                                               community as a whole.
                                                  Section 16–3–14. Transfer and                        accordance with this Chapter.                         loitering by intoxicated persons,
                                               Modification of License.                                   Section 16–3–15. Appeal. An                        rowdiness, undue noise, or any other
                                                  1. No license issued pursuant to this                applicant or licensee may request a                   disturbance offensive to the residents of
                                               Chapter may be assigned or transferred                  formal conference regarding or file an                Tribal lands.
                                               to any other person or entity.                          appeal of a decision of the Board                        5. A retail licensee shall demand
                                                  2. Any change in ownership of the                    denying an application for a license or               satisfactory evidence of a person’s age
                                               licensee that constitutes more than fifty               any renewal or modification thereof in                upon such person’s attempt to purchase
                                               percent (50%) of the ownership interest                 accordance with the provisions of this                any liquor from the retail licensee if
                                               in a licensee shall require the issuance                Title governing appeals before the                    such person appears to the retail
                                               of a new license in accordance with this                Board.                                                licensee to be under the age of twenty-
                                               Chapter.                                                   Section 16–3–16. Sale of Stock.                    one (21) and shall refuse to sell liquor
                                                  3. A licensee may request a change in                   1. Upon revocation, non-renewal or                 to any such person who fails or refuses
                                               the name and/or address of the licensee                 other termination of a license issued                 to produce such satisfactory evidence.
                                               or a change in location of the premises                 pursuant to this Chapter, a former                    Satisfactory evidence of age shall
                                               to which the license applies by applying                licensee may dispose of any liquor in its             include:
                                               with the Board for a modification of the                stock within thirty (30) days of                         a. A driver’s license or identification
                                               license in accordance with this Section                 expiration of its former license by:                  card validly issued by any state
                                               and paying such fee as may be set by the                   a. Selling such stock in whole or in               department of motor vehicles;
                                               Board to defray the costs of processing                 part to a wholesaler or retailer licensed                b. A United States active duty military
                                               the modification.                                       pursuant to this Chapter;                             identification;
                                                  4. The Board shall approve a change                     b. Selling such stock in whole or in                  c. A passport validly issued by any
                                               in the address of the licensee upon                     part to a wholesaler or retailer located              jurisdiction; and
                                               request, provided the change in address                 outside Tribal lands and authorized to                   d. Identification card issued by a
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                                               is not a change in location. The Board                  purchase such liquor;                                 federally recognized tribe which
                                               shall approve a change in the name of                      c. Moving such stock in whole or in                includes a photograph and date of birth.
                                               the licensee provided that the name is                  part outside Tribal lands to a location                  Section 16–3–19. Insurance.
                                               not the name of an individual and the                   where such liquor is authorized to be                    1. Licensees and their employees are
                                               change is not the result of any change                  stored or held; or                                    liable for injuries or damage to property
                                               in more than fifty percent (50%) of the                    d. Destroying such liquor under the                resulting from their negligent or reckless
                                               ownership interest in the licensee.                     supervision of the Board.                             acts and omissions, whether in the


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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                            45973

                                               operation of the licensed premises or in                   2. In conducting an examination and                   a. Close the notice of violation if
                                               their violation of this Title.                          audit pursuant to this Section, the Board             satisfied by the accused’s response; or
                                                  2. All manufacturers and retailers                   may:                                                     b. Conduct or cause to be conducted
                                               conducting on-sales shall maintain                         a. Examine any books, records,                     a thorough investigation of the notice of
                                               insurance coverage insuring against                     papers, maps, documents, or other data                violation.
                                               liability under this Section in the                     which may be relevant and material to                    6. If an investigation is conducted and
                                               amount of at least $1,000,000.00 for                    the inquiry upon reasonable notice:                   such investigation reveals that there is
                                               bodily injury to any one (1) person,                       i. During normal business hours;                   evidence to support that a violation of
                                               $500,000.00 for any one (1) accident or                    ii. At any other time agreed to by the             this Title occurred, the Board shall
                                               personal injury, and $100,000.00 for                    person having possession, custody or                  determine an appropriate sanction for
                                               property damage.                                        care for such data; or                                such violation as provided in this
                                                                                                          iii. At any time pursuant to an order              Chapter, including civil fine, license
                                               CHAPTER 4                                               of the Tribal Court;                                  suspension or revocation, or both, and
                                               ENFORCEMENT AND VIOLATIONS                                 b. Summon the licensee, any officer or             impose such sanction in accordance
                                                                                                       employee or agent of the licensee, or                 with the provisions of this Chapter.
                                                  Section 16–4–1. Complaints.                          any person having possession, custody
                                                  1. Allegations of a violation of this                                                                         7. Written notice shall be provided of
                                                                                                       or care of the books of account                       the Board’s decision under this Section.
                                               Title shall be presented to the Board by                containing entries relating to the
                                               submitting a complaint with such                                                                                 Section 16–4–4. Formal Conference.
                                                                                                       business of the licensee or required to                  1. Within thirty (30) days of service of
                                               allegation in writing to the Chairperson                perform the act, or any other person the              a decision of the Board, a person subject
                                               of the Board or his or her designee.                    Board may deem proper, to appear                      of the decision may request a conference
                                                  2. A complaint may be submitted by                   before the Board at the time and place                with the Board to seek a review and
                                               any Board member or member of the                       named in the summons and to produce                   redetermination of the decision.
                                               public who believes that a person has                   such books, records, papers, maps,                       2. A request for a conference shall:
                                               committed a violation of this Title.                    documents or other data, and to give                     a. Be made in writing to the Board or
                                                  3. A complaint shall specify the                     such testimony, under oath, as may be                 its designee;
                                               person against whom the allegation is                   relevant or material to the inquiry; and                 b. Identify the decision of the Board;
                                               being made and the conduct that is                         c. Take testimony of any person,                      c. Declare the redetermination sought;
                                               alleged to be in violation of this Title.               under oath, as may be relevant or                     and
                                                  4. Upon receipt of a complaint                       material to the inquiry.                                 d. Include a complete statement of the
                                               pursuant to this Section, the Board shall                  Section 16–4–3. Notice of Violation.               facts relied on.
                                               review the complaint to determine if the                   1. If the Board has reason to believe                 3. The Board, after an initial inquiry,
                                               allegations made fall within the scope of               that a violation of this Title has                    may deny the request for a conference
                                               this Title and whether, assuming the                    occurred, the Board shall issue a notice              and direct the person to proceed to an
                                               facts alleged are true, said facts would                of violation to all persons accused of the            appeal in accordance with this Chapter.
                                               constitute a violation of this Title.                   violation.                                               4. Upon request or its own initiative,
                                                  5. If the Board determines that the                     2. A notice of violation shall state:              the Board may stay any action on its
                                               allegations do not fall within the scope                   a. The specific provisions of this Title           decision until a time not more than
                                               of this Title or do not allege facts which,             alleged to have been violated;                        thirty (30) days after issuance of a
                                               if true, would constitute a violation of                   b. The Board will consider any                     decision from the conference.
                                               this Title, the Board shall provide                     written response to the notice of                        5. The Board may confer with the
                                               written notice to the complainant which                 violation from the accused before                     person by phone or in person, or may
                                               shall state that:                                       determining whether to proceed with                   require the submission of additional
                                                  a. The Board received the complaint;                 the notice of violation; and                          written material and will issue a written
                                                  b. The Board has reviewed the                           c. The accused may respond in                      decision. If the result sought is denied
                                               complaint in accordance with the                        writing to the notice of violation within             in whole or in part, the decision will
                                               provisions of this Chapter;                             fourteen (14) calendar days of service of             state the basis for the denial.
                                                  c. The Board has determined that the                 the notice.                                              6. After the Board issues its decision,
                                               allegations do not fall within the scope                   3. If a notice of violation is not                 the person may appeal the matters in
                                               of this Title and/or do not allege facts                delivered to a person accused of the                  dispute as provided in this Chapter. The
                                               which would constitute a violation of                   violation personally at the time of                   person may request a stay of the
                                               this Title; and                                         issuance, it shall be served on such                  decision within ten (10) days after
                                                  d. The matter is closed.                             person in the manner provided for                     issuance of the decision, provided the
                                                  6. If the Board determines that the                  service of a summons in the rules of                  request is based upon an intention to
                                               allegations fall within the scope of this               procedure governing civil actions in                  request a hearing.
                                               Title and allege facts which, if true,                  Tribal Court.                                            7. If no appeal is made within the
                                               would constitute a violation of this                       4. The accused shall have the right to             time allowed, the decision from a formal
                                               Title, the Board shall make or cause to                 respond to a notice of violation within               conference is final and is not subject to
                                               be made a preliminary investigation of                  the time stated in the notice of violation.           any appeal before the Board or in any
                                               the allegations in the complaint and, if                The accused may include copies of any                 court.
                                               there is reason to believe the allegations              documents which the accused believes                     Section 16–4–5. Appeal.
                                               in the complaint, the Board shall issue                 support his or her position.                             1. Within thirty (30) days of service of
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                                               a notice of violation as provided in this                  5. After the time has expired for the              a decision of the Board or issuance of
                                               Chapter.                                                accused to respond to a notice of                     a decision from a formal conference, a
                                                  Section 16–4–2. Examination and                      violation, the Board shall consider any               party aggrieved by the decision may file
                                               Audit.                                                  written response to the notice of                     an appeal with the Board.
                                                  1. The Board may examine and audit                   violation and determine how to proceed                   2. A request for appeal shall:
                                               any licensee for the purpose of                         with the notice of violation. Based on its               a. Be made in writing to the Board;
                                               enforcing this Title.                                   review, the Board may:                                   b. Identify the decision of the Board;


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                                               45974                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                  c. Identify any conference decision;                    e. In reviewing legal conclusions                     e. For any retailer to take or solicit
                                                  d. Declare the redetermination sought;               reached by the Board, the Tribal Court                orders for the delivery of liquor from
                                               and                                                     shall give proper weight to the Board’s               any person unless such person is
                                                  e. Include a complete statement of the               interpretation of this Title and any rules            registered as a salesman in accordance
                                               facts relied on.                                        and regulations of the Board;                         with this Title;
                                                  3. Upon request or its own initiative,                  f. The Tribal Court shall affirm any                  f. For any retailer to have any interest
                                               the Board may stay any action on its                    determination by the Board that the                   in the property or business of a
                                               decision until a time not more than                     issuance, renewal or modification of a                manufacturer or wholesaler;
                                               thirty (30) days after issuance of a                    license is not in the best interests of the              g. For any licensee to neglect or refuse
                                               decision from the appeal.                               Tribe, its members or the community as                to produce or submit for inspection,
                                                  4. The Board shall conduct a hearing                 a whole unless such determination is                  examination or audit any records
                                               on the applicant’s appeal and take                      clearly arbitrary and capricious;                     lawfully requested by the Board in
                                               testimony and examine documentary                          g. The Tribal Court may affirm,                    accordance with this Title;
                                               evidence as necessary to determine the                  reverse, modify or vacate and remand                     h. For a retailer to obtain liquor in
                                               appeal.                                                 the Board’s final decision, but shall
                                                  5. After hearing an appeal, the Board                                                                      unbroken packages except from a
                                                                                                       affirm the final decision unless the                  manufacturer or wholesale licensee;
                                               shall issue a decision. The decision of                 Tribal Court concludes that the final
                                               the Board on an appeal under this                                                                                i. For a retailer or employee of a
                                                                                                       decision of the Board is:                             retailer to accept or give gifts of liquor
                                               Section shall be the final decision of the                 i. Not supported by the evidence;
                                               Board, provided that the Board shall                                                                          in connection with its business, except
                                                                                                          ii. Arbitrary or capricious;
                                               have been deemed to have issued a final                    iii. An abuse of discretion;                       for the sampling of liquor as provided
                                               decision denying an appeal if the Board:                   iv. Beyond the Board’s authority; or               by a wholesaler in the ordinary course
                                                  a. Fails to schedule and hold a                         v. Otherwise contrary to the laws of               of the trade;
                                               hearing on the merits of an otherwise                   the Tribe.                                               j. For a manufacturer or retailer
                                               valid appeal within sixty (60) days after                  3. The Tribal Court shall dismiss any              conducting on-sales to employ any
                                               receipt of a notice of appeal; or                       action brought against the Board if the               person for the purpose of soliciting the
                                                  b. Fails to issue a written decision                 person filing the action has not                      purchase of liquor within the licensed
                                               within thirty (30) days of the hearing on               exhausted all administrative remedies                 premises on a percentage or commission
                                               the merits of the appeal.                               before the Board, including an appeal to              basis;
                                                  6. The Board may permit or require,                  the Board.                                               k. For a manufacturer or retailer
                                               pursuant to the rules and regulations of                   4. Notwithstanding anything to the                 conducting on-sales to sell liquor
                                               the Board, one or more levels of review                 contrary in this Title, the Tribal Court              without insurance coverage as required
                                               by its employees or delegates in                        shall not have jurisdiction or authority              by this Title;
                                               addition and prior to appeal to the                     to award or order the payment of                         l. To knowingly employ a person
                                               Board, provided that the failure to                     damages or other monies or provide any                under the age of majority in the sale,
                                               proceed to a next required level of                     remedy to a party except for affirming,               distribution or manufacture of liquor;
                                               review shall constitute a waiver of any                 reversing, modifying or vacating and                     m. For a manufacturer conducting on-
                                               further appeal or judicial review.                      remanding the decision of the Board.                  sales, a retailer, or an employee of either
                                                  7. The failure to file an appeal                        5. The Tribal Court’s jurisdiction to              to consume liquor or be intoxicated
                                               pursuant to this Section shall not                      review a final decision of the Board                  while selling liquor on the licensed
                                               prevent the aggrieved party from                        shall be exclusive and a final decision               premises;
                                               defending any action brought by the                     of the Board shall not be subject to                     n. For a manufacturer conducting on-
                                               Board against the party in Tribal Court.                appeal, review, challenge, or other                   sales or a retailer to sell liquor for
                                                  Section 16–4–6. Judicial Review.                     action in any court or tribunal except as             anything other than cash, check, or
                                                  1. If a party is aggrieved by a final                provided in this Section.                             credit or debit card transaction or
                                               decision of the Board on appeal, the                       Section 16–4–7. Storage, Sale and                  extend credit to any person,
                                               party may challenge the decision by                     Manufacture Violations.                               organization, or entity for the purchase
                                               filing a petition requesting judicial                      1. It shall be a violation of this Title:
                                                                                                                                                             of liquor;
                                               review of the Board’s decision in the                      a. To introduce, store, possess, sell,
                                                                                                       offer for sale, distribute, transport or                 o. For a retailer conducting off-sales
                                               Tribal Court.                                                                                                 or an employee of such a retailer to sell
                                                  2. Judicial review of the Board’s                    manufacture liquor without first
                                                                                                       obtaining all necessary licenses or in                or give liquor in broken or refilled
                                               decision shall proceed in accordance
                                                                                                       any manner not authorized by this Title;              packages;
                                               with the following:
                                                  a. The petition for judicial review                     b. To store, sell, offer for sale,                    p. For a retailer conducting off-sales
                                               shall be filed within thirty (30) days of               distribute, transport or manufacture                  or an employee of such a retailer to
                                               the issuance of the Board’s decision;                   liquor in violation of any provision of               permit the consumption of liquor on the
                                                  b. No new or additional evidence may                 this Title or the terms of a license issued           retailer’s premises;
                                               be introduced, but the matter shall be                  pursuant to this Title;                                  q. For a retailer conducting on-sales or
                                               heard on the record established before                     c. To deliver liquor to a manufacturer,            an employee of such a retailer to sell or
                                               the Board;                                              wholesaler or retailer at any place other             give liquor for consumption off the
                                                  c. No new or additional issues may be                than the premises described in the                    retailer’s premises;
                                               raised and only issues raised before the                license of such manufacturer,                            r. To knowingly sell liquor to a person
                                               Board may be heard regardless of the                    wholesaler or retailer;                               under the age of twenty-one (21) years;
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                                               Board’s authority to hear the issue;                       d. For any manufacturer, wholesaler                   s. For a manufacturer, retailer or
                                                  d. The Tribal Court shall uphold all                 or retailer to keep or store any liquor at            employee of either to sell or give any
                                               factual findings of the Board unless the                any place other than on the premises                  liquor to any person or permit the
                                               Tribal Court concludes that such                        where such manufacturer, wholesaler or                consumption of liquor on the licensed
                                               findings are not supported by the                       retailer is authorized to operate and                 premises between the hours of two 2:00
                                               substantive evidence in the record                      except as otherwise provided in this                  a.m. and 6:00 a.m., provided that a
                                               established before the Board;                           Title;                                                manufacturer may sell or give liquor in


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                                                                         Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices                                           45975

                                               unopened packages to wholesale and                      Title, a person who commits a violation                  4. Any suspension of a license
                                               retail licensees during any hour;                       of this Section shall be subject to a civil           pursuant to this Section shall be
                                                  t. For a manufacturer or retailer                    fine of up to one hundred dollars ($100)              effective twenty-four (24) hours after
                                               conducting on-sales or an employee of                   per occurrence, which may be imposed                  service of notice thereof upon the
                                               either to sell or give liquor to an                     by the Board pursuant to a notice of                  licensee. During any period of
                                               intoxicated person within the licensed                  violation and thereafter enforced and                 suspension of a license, the licensee
                                               premises.                                               collected through a civil cause of action             shall have and exercise no rights or
                                                  2. If an act is a violation of this Title            brought by the Board on behalf of the                 privileges whatsoever under the license.
                                               when committed by a licensee, retailer,                 Tribe in the Tribal Court.                               5. After revocation of a license, the
                                               wholesaler or manufacturer, the                            Section 16–4–9. Reporting of                       licensee’s rights and privileges under
                                               licensee, retailer, wholesaler or                       Violations. The Board may report any                  such license shall terminate twenty-four
                                               manufacturer is also liable if the act is               violation of this Title to the appropriate            (24) hours after service of notice thereof
                                               committed by one of its employees or                    officials of other jurisdictions and                  upon the licensee. Any licensee whose
                                               agents.                                                 request an investigation and, if                      license is revoked shall not be granted
                                                  3. In addition to any other                          appropriate, prosecution of such                      any license under the provisions of this
                                               consequences for a violation of this                    violation as a violation of the laws of               Title for a period of two (2) years from
                                               Title, including suspension or                          that jurisdiction, including the criminal             the date of revocation.
                                               revocation of a license, a person who                   laws of that jurisdiction.                               Section 16–4–11. Enjoining Business.
                                               commits a violation under this Section                     Section 16–4–10. Revocation and                    In addition to any other remedies
                                               shall be subject to a civil fine of up to               Suspension of License.                                available to it, the Board may bring, in
                                               five hundred dollars ($500) per                            1. The Board may summarily suspend                 the name of the Tribe, an action in any
                                               occurrence, which may be imposed by                     for up to fifteen (15) days the license of            appropriate court to enjoin the
                                               the Board pursuant to a notice of                       any person upon a finding of imminent                 operation of any unlicensed business,
                                               violation and thereafter enforced and                   danger to the public welfare caused by                activity, or function when this Title
                                               collected through a civil cause of action               the licensee or any act or omission of                requires a license for the conduct of
                                               brought by the Board on behalf of the                   the licensee.                                         such business, activity or function. The
                                               Tribe in the Tribal Court.                                 2. The Board, after at least ten (10)              enjoining of a business pursuant to this
                                                  Section 16–4–8. Violations by Public.                days notice and a full hearing, may                   Section shall be deemed an exclusion of
                                                  1. It shall be a violation of this Title             revoke the license of any person for any              the business pursuant to the Tribe’s
                                               for any person:                                         of the following:                                     power to exclude and other inherent
                                                  a. Who is under the age of twenty-one
                                                                                                          a. Repeatedly violating or permitting              powers and authority of the Tribe.
                                               (21) years, to:
                                                  i. Purchase or attempt to purchase                   the violation of any provision of this                   Section 16–4–12. Seizure of
                                               liquor except at the direction and under                Title or the rules and regulations of the             Contraband.
                                               the supervision of the Board, its                       Board;                                                   1. In addition to any other remedies
                                               designee, or other law enforcement                         b. Failure or refusal to pay all taxes             available to it, the Board, pursuant to an
                                               official for the purpose of enforcing this              imposed on the sale, distribution or                  order issued by the Board, may seize
                                               Title or other applicable law governing                 manufacture of liquor under the laws of               any liquor possessed contrary to the
                                               liquor on Tribal lands;                                 the Tribe;                                            terms of this Title, including liquor
                                                  ii. Consume or possess liquor except                    c. Misrepresentation of a material fact            possessed for manufacture or sale, as
                                               for possession as a part of employment                  in the licensee’s application for a                   contraband.
                                               to the extent permitted under this Title                license or any renewal thereof;                          2. Upon seizure of any liquor
                                               and any applicable state law,                              d. The occurrence of any event which               pursuant to this Section, the Board shall
                                               consumption or possession as part of a                  would have made the licensee ineligible               inventory all items seized and leave a
                                               bona fide religious ceremony, or                        for a license if the event had occurred               written copy of such inventory with the
                                               consumption or possession in his or her                 prior to the issuance of the license;                 person from whom it was seized or, if
                                               permanent place of residence; or                           e. Failure to maintain insurance                   such person cannot be found, posted at
                                                  iii. Attempt to purchase liquor                      coverage as required by this Title for a              the place from which the liquor was
                                               through the use of false or altered                     continuous period of more than thirty                 seized.
                                               identification which purports to show                   (30) days;                                               3. Any person who claims an
                                               the person to be over the age of twenty-                   f. Imminent danger to the public                   ownership interest, right of possession
                                               one (21) years;                                         welfare caused by the licensee or any                 to, or other interest in liquor seized
                                                  b. To consume liquor from a broken                   act or omission of the licensee which                 pursuant to this Section may request a
                                               package in a public place, other than                   has not been corrected within a                       formal conference regarding or file an
                                               licensed premises specified in a                        reasonable time after notice from the                 appeal of the Board’s seizure of such
                                               manufacturer license, a retailer license                Board; or                                             liquor in accordance with the provisions
                                               which allows on-sales, or a special                        g. Failure of the licensee to correct an           of this Chapter governing appeals before
                                               event license; or                                       unhealthy or unsafe condition on the                  the Board.
                                                  c. To transfer in any manner an                      licensed premises within a reasonable                    4. Upon the expiration or conclusion
                                               identification of age to a person under                 time after notice from the Board.                     of any appeal permitted under this
                                               the age of twenty-one (21) years for the                   3. The Board may suspend the license               Chapter of seizure of liquor pursuant to
                                               purpose of permitting such person to                    of any licensee for a period not                      this Section, including permitted
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                                               obtain liquor, provided that                            exceeding one-hundred eighty (180)                    judicial review, such liquor shall be
                                               corroborative testimony of a witness                    days as an alternative to revoking the                forfeited and all title and ownership
                                               other than the underage person shall be                 license if the Board is satisfied that the            interest in such liquor shall vest in the
                                               a requirement of finding a violation of                 grounds giving rise to the revocation or              Tribe unless an appeal or judicial
                                               this subsection.                                        the circumstances thereof are such that               review returns such liquor to the person
                                                  2. In addition to any other                          a suspension of the license would be                  from whom it was seized or other
                                               consequences for a violation of this                    adequate.                                             person entitled thereto.


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                                               45976                     Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices

                                                  5. If necessary, the Board may file a                ACTION: Notice of information collection;             following issues: (1) Is the collection
                                               complaint for forfeiture against any                    request for comment.                                  necessary to the proper functions of
                                               liquor seized pursuant to this Section in                                                                     OSMRE; (2) is the estimate of burden
                                               the Tribal Court. Upon the Board                        SUMMARY:    In accordance with the                    accurate; (3) how might OSMRE
                                               showing by clear and convincing                         Paperwork Reduction Act of 1995, we,                  enhance the quality, utility, and clarity
                                               evidence that seized liquor is                          the Office of Surface Mining                          of the information to be collected; and
                                               contraband under this Title, the Tribal                 Reclamation and Enforcement (OSMRE),                  (4) how might OSMRE minimize the
                                               Court shall enter an order that such                    are announcing our intention to request               burden of this collection on the
                                               liquor is forfeited and that all title and              renewed approval for the collection of                respondents, including through the use
                                               ownership interest in such liquor is                    information that provides a tool for                  of information technology.
                                               vested in the Tribe.                                    OSMRE and the States/Indian tribes to                   Comments that you submit in
                                                  6. Any liquor seized pursuant to this                help them prevent persons with                        response to this notice are a matter of
                                               Section to which title has vested in the                outstanding violations from conducting                public record. Before including your
                                               Tribe that is no longer required for                    further mining or AML reclamation                     address, phone number, email address,
                                               evidence may be sold for the benefit of                 activities in the State. This information             or other personal identifying
                                               the Tribe or destroyed under the                        collection activity was previously                    information in your comment, you
                                               supervision of the Board.                               approved by the Office of Management                  should be aware that your entire
                                                  Section 16–4–13. Sovereign Immunity                  and Budget (OMB), and assigned control                comment—including your personal
                                               in Enforcement.                                         number 1029–0119.                                     identifying information—may be made
                                                  1. Except for valid judicial review of               DATES: Interested persons are invited to              publicly available at any time. While
                                               a decision of the Board as provided in                  submit comments on or before October                  you can ask us in your comment to
                                               this Title, nothing in this Title shall be              11, 2018.                                             withhold your personal identifying
                                               construed as limiting, waiving or                       ADDRESSES: Send written comments on                   information from public review, we
                                               abrogating the sovereignty or the                       this information collection request (ICR)             cannot guarantee that we will be able to
                                               sovereign immunity of the Board or any                  to the Office of Management and                       do so.
                                               of its agents, officers, officials,                     Budget’s Desk Officer for the                           Title of Collection: 30 CFR 874.16—
                                               personnel or employees.                                 Department of the Interior by email at                Contractor Eligibility and the
                                                  2. An action brought or taken by the                 OIRA_Submission@omb.eop.gov; or via                   Abandoned Mine Land Contractor
                                               Board, including without limitation the                 facsimile to (202) 395–5806. Please                   Information Form.
                                               bringing of suit for the collection of                  provide a copy of your comments to                      OMB Control Number: 1029–0119.
                                               fines or enjoining a business, activity or              John Trelease, Office of Surface Mining                 Abstract: 30 CFR 874.16 requires that
                                               function, shall not constitute a waiver of              Reclamation and Enforcement, 1849 C                   every successful bidder for an AML
                                               sovereign immunity as to any                            Street NW, Mail Stop 4559, Washington,                contract must be eligible under 30 CFR
                                               counterclaim, regardless of whether the                 DC 20240; or by email to jtrelease@                   773.15(b)(1) at the time of contract
                                               asserted counterclaim arises out of the                 osmre.gov. Please reference OMB                       award to receive a permit or conditional
                                               same transaction or occurrence or in any                Control Number 1029–0119 in the                       permit to conduct surface coal mining
                                               other respect.                                          subject line of your comments.                        operations. Further, the regulation
                                                  3. No economic enterprise of the Tribe               FOR FURTHER INFORMATION CONTACT: To                   requires the eligibility to be confirmed
                                               may claim sovereign immunity as a                       request additional information about                  by OSMRE’s automated Applicant/
                                               defense to any action brought or taken                  this ICR, contact John Trelease by email              Violator System (AVS) and the
                                               by the Board, including a suit for the                  at jtrelease@osmre.gov, or by telephone               contractor must be eligible under the
                                               collection of fines or the enjoining of a               at (202) 208–2783. You may also view                  regulations implementing Section 510(c)
                                               business, activity or function of such                  the ICR at http://www.reginfo.gov/                    of the Surface Mining Control and
                                               economic enterprise and, to the extent                  public/do/PRAMain.                                    Reclamation Act to receive permits to
                                               necessary, the Tribe waives the                                                                               conduct mining operations. This form
                                                                                                       SUPPLEMENTARY INFORMATION: In
                                               sovereign immunity of its economic                                                                            provides a tool for OSMRE and the
                                                                                                       accordance with the Paperwork
                                               enterprises in any action brought or                                                                          States/Indian tribes to help them
                                                                                                       Reduction Act of 1995, we provide the
                                               taken by the Board against such                                                                               prevent persons with outstanding
                                                                                                       general public and other Federal
                                               economic enterprise.                                                                                          violations from conducting further
                                                                                                       agencies with an opportunity to
                                               [FR Doc. 2018–19733 Filed 9–10–18; 8:45 am]             comment on new, proposed, revised,                    mining or AML reclamation activities in
                                               BILLING CODE 4337–15–P                                  and continuing collections of                         the State.
                                                                                                       information. This helps us assess the                   Form Number: AML Contractor
                                                                                                       impact of our information collection                  Information Form (No form number).
                                               DEPARTMENT OF THE INTERIOR                              requirements and minimize the public’s                  Type of Review: Extension of a
                                                                                                       reporting burden. It also helps the                   currently approved collection.
                                               Office of Surface Mining Reclamation                                                                            Respondents/Affected Public: AML
                                               and Enforcement                                         public understand our information
                                                                                                       collection requirements and provides                  contract applicants and State and Tribal
                                               [S1D1S SS08011000 SX064A000                             the requested data in the desired format.             regulatory authorities.
                                               189S180110; S2D2S SS08011000                               A Federal Register notice with a 60-                 Total Estimated Number of Annual
                                               SX064A000 18XS501520; OMB Control                       day public comment period soliciting                  Respondents: 160 contract applicants
                                               Number 1029–0119]                                       comments on this collection of                        and 13 State and Tribal regulatory
daltland on DSKBBV9HB2PROD with NOTICES




                                                                                                       information was published on July 3,                  authorities.
                                               Agency Information Collection
                                                                                                       2018 (83 FR 31173). No comments were                    Total Estimated Number of Annual
                                               Activities: Contractor Eligibility and
                                                                                                       received.                                             Responses: 173 responses.
                                               the Abandoned Mine Land Contractor
                                               Information Form                                           We are again soliciting comments on                  Estimated Completion Time per
                                                                                                       the proposed ICR that is described                    Response: An average of 30 minutes per
                                               AGENCY:Office of Surface Mining                         below. We are especially interested in                applicant, and 1 hour per regulatory
                                               Reclamation and Enforcement, Interior.                  public comment addressing the                         authority.


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Document Created: 2018-09-11 01:03:18
Document Modified: 2018-09-11 01:03:18
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 Ordinance takes effect on September 11, 2018.
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 Citation83 FR 45966 

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