[Federal Register Volume 60, Number 202 (Thursday, October 19, 1995)]
[Notices]
[Pages 54078-54083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25886]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Fort Mojave Indian Tribe--Liquor Ordinance No. 52

AGENCY: Bureau of Indian Affairs, Interior.

Action: Notice.

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Summary: This notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that by Resolution 
No. 52, the Fort Mojave Indian Tribe Liquor Ordinance was duly adopted 
by the Fort Mojave Indian Tribe on December 20, 1994. The Ordinance 
provides for the regulation of the sale and possession of liquor within 
the Fort Mojave Indian Reservation.

DATES: This Ordinance is effective as of October 19, 1995.

FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services, 
Division of Tribal Government Services, 1849 C Street N.W., MS 2611 
MIB, Washington, D.C. 20240-4001; telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Fort Mojave Indian Tribe Liquor Control 
Ordinance is to read as follows:

Fort Mojave Liquor Control Ordinance

Chapter 1. General Provisions

Section 1.1. Definition of Terms

    Terms used in this Ordinance, unless the context otherwise plainly 
requires, shall mean as follows:
    (a) ``Alcohol'' shall mean that substance known as ethyl alcohol, 
hydrated oxide or ethyl, or spirit of wine, which is commonly produced 
by the fermentation or distillation of grain, starch, molasses, sugar 
or other substances including all dilutions and mixtures of those 
substances.
    (b) ``Alcoholic Beverage'' shall mean any intoxicating liquor as 
such term is defined under the provisions of Section 1.1(e) of this 
Ordinance.
    (c) ``Commission'' shall mean the Fort Mojave Tribal Alcoholic 
Beverage Control Commission established and empowered pursuant to this 
Ordinance.
    (d) ``Director'' shall mean the Director of the Commission.
    (e) ``Intoxicating Liquor'' or ``Liquor'' shall mean any liquid or 
substance either commonly used, or reasonably adopted to use, for 
beverage purposes containing in excess of one percentum of alcohol by 
weight, and includes those liquids or substances commonly known as 
spirits, wine and beer.
    (f) ``Legal Age'' shall mean:
    (i) for the Arizona portion of the Reservation, the age established 
by Arizona law for the consumption, purchase and/or possession of a 
certain alcoholic beverage off the Reservation;
    (ii) for the California portion of the Reservation, the age 
established by California law for the consumption, purchase and/or 
possession of a certain alcoholic beverage off the Reservation; and
    (iii) for the Nevada portion of the Reservation, the age 
established by Nevada law for the consumption, purchase and/or 
possession of a certain alcoholic beverage off the Reservation.
    (g) ``Liquor Enterprise'' shall mean the Fort Mojave Tribal Liquor 
Enterprise established and empowered pursuant to this Ordinance.
    (h) ``Liquor Store'' shall mean any establishment engaged in the 
retail sale of alcoholic beverages in the bottle, can or immediate 
container with original seal unbroken.
    (i) ``Manager'' shall mean the Manager of the Liquor Enterprise.
    (j) ``Ordinance'' shall mean this Fort Mojave Liquor Control 
Ordinance.
    (k) ``Person'' shall mean and include any natural persons, 
corporations, limited partnerships, general partnerships, joint stock 
companies, joint ventures, associations, companies, trusts, or other 
organizations, whether or not legal entities.
    (l) ``Public Place'' shall mean any place, building, or structure 
to which the public has or is permitted access.
    (m) ``Retailer'' shall mean the Tribe, Tribal Citizen or any person 
that sells alcoholic beverages for consumption and not for resale.
    (n) ``Reservation'' means the Fort Mojave Indian Reservation.
    (o) ``Sale'' or ``Sell'' includes exchange, barter and traffic; and 
also includes the selling or supplying or distributing, by any means 
whatsoever, of liquor by any person to any person.
    (p) ``Tribal Citizen'' or ``Citizen of the Tribe'' shall mean an 
enrolled member of the Tribe and persons eligible for enrollment.
    (q) ``Tribal Council'' shall mean the governing body of the Fort 
Mojave Indian Tribe.
    (r) ``Tribal Court'' shall mean the Fort Mojave Tribal Court.
    (s) ``Tribe'' or ``Tribal'' shall mean the Fort Mojave Indian Tribe 
of Arizona, California and Nevada.

Section 1.2. Policy and Purpose

    This Ordinance shall be cited as the ``Fort Mojave Liquor Control 
Ordinance'' and under the inherent sovereignty of the Tribe, shall be 
deemed an exercise of the Tribe's power, for the protection of the 
welfare, health, peace, morals, and safety of the people of the Tribe, 
and all its provisions shall be liberally construed for the 
accomplishment of that purpose, and it is declared to be public policy 
that the sale and possession of alcoholic beverages affects the public 
interest of the people, and should be regulated to the extent of 
prohibiting all sale and possession of alcoholic beverages, except as 
provided in this Ordinance. In order to provide for Tribal control over 
liquor sales and possession within the Reservation, and to provide a 
source of revenue for the continued operation of the Tribal government 
and the delivery of Tribal governmental services, the Tribal Council 
promulgates this Ordinance.

Section 1.3. General Prohibition

    It shall be a violation of this Ordinance to sell or possess for 
sale liquor within the Reservation except upon the terms, conditions, 
limitations, and restrictions specified in this Ordinance.

Section 1.4. Conformity With Federal Law

    A. Tribally authorized liquor transactions on the Arizona portion 
of the Reservation shall comply with Arizona State liquor law standards 
of general applicability throughout the State to the extent required by 
18 U.S.C. Sec. 1161 and other federal law.
    B. Tribally authorized liquor transactions on the Nevada portion of 
the Reservation shall comply with Nevada State Liquor law standards of 
general applicability throughout the State to the extent required by 18 
U.S.C. Sec. 1161 and other federal law.
    C. Tribally authorized liquor transactions on the California 
portion of the Reservation shall comply with California State Liquor 
law standards of general applicability throughout the State to the 
extent required by 18 U.S.C. Sec. 1161 and other federal law.
    D. Nothing in this Ordinance shall constitute, nor be construed as, 
the Tribe's consent to the extension of jurisdiction by any State over 
matters 

[[Page 54079]]
coming within the purview of this Ordinance.

Section 1.5. Fort Mojave Tribal Alcoholic Beverage Control Commission

    A. There is hereby established the Fort Mojave Tribal Alcoholic 
Beverage Control Commission. The members of the Fort Mojave Tribal 
Council shall serve as the initial members of the Commission until such 
time as the Tribal Council appoints by resolution a Director and two 
members.
    B. Appointments of the Commission Director and members shall be for 
a period of three (3) years, except that of the initial terms, the 
Director shall be appointed for three (3) years, one member shall be 
appointed for two (2) years and one member shall be appointed for one 
(1) year. The Director and members may be reappointed for one or more 
successive terms.
    C. No person shall be appointed to the Commission unless the Tribal 
Council is satisfied that:
    1. He or she is a person of good character, honesty and integrity, 
whose prior activities, criminal record if any, reputation, habits and 
associations do not pose a threat to the public interest of the Tribe 
and its members or to the effective regulation of alcoholic beverages; 
and
    2. He or she has no interest in any liquor transactions within the 
Reservation or any activity which may have interests in conflict with 
the regulation of alcoholic beverages within the Reservation.
    D. The Director and members may be removed for good cause, after 
written notice and opportunity to be heard by the Tribal Council. Good 
cause shall exist when any condition occurs or is discovered which 
would exclude a person from appointment.
    E. The Director and members, and any employees of the Commission, 
shall be reasonably compensated as determined by the Tribal Council. 
The compensation shall be paid from the Tribe's income from liquor 
transactions within the Reservation.
    F. The Commission is hereby empowered to:
    1. Promulgate such rules and regulations as may be necessary and 
desirable for the proper implementation and enforcement of this 
Ordinance;
    2. License, regulate, supervise, inspect and oversee all alcoholic 
beverage transactions, and premises and persons involved therewith, 
within the Reservation;
    3. Hire such employees as are necessary to carry out the powers and 
duties of the Commission;
    4. Take any action it deems necessary and appropriate to correct 
and prevent violations of this Ordinance and applicable rules and 
regulations, including but not limited to license suspension and/or 
revocation, referral for prosecution, imposition of monetary fines and 
civil suit; and
    5. Take any and all additional actions necessary or incidental to 
the implementation and enforcement of this Ordinance.
    G. Any person aggrieved by a decision or action of the Commission 
may pursue available administrative remedies pursuant to the provisions 
of the Fort Mojave Administrative Procedure Ordinance. After exhaustion 
of administrative remedies, such person may pursue available judicial 
review in the Tribal Court pursuant to the provisions of the Fort 
Mojave Administrative Procedure Ordinance and other applicable Tribal 
law.
    H. All hearings before the Commission which are required or 
permitted to be held shall be open to the public and shall be held only 
after reasonable notice to all interested persons.
    I. All matters pertaining to the implementation or enforcement of 
this Ordinance and not expressly addressed within this Ordinance shall 
be subject to orders of the Commission in particular cases. In all such 
cases, the Commission may proceed in any lawful manner.

Section 1.6. Fort Mojave Tribal Liquor Enterprise

    A. The Fort Mojave Tribal Liquor Enterprise is hereby established. 
The Liquor Enterprise is constituted as an agency of the Fort Mojave 
Tribal government.
    B. The Liquor Enterprise shall be responsible for the importation 
and wholesale management, distribution, and control of all liquor 
introduced within the Reservation.
    C. The Tribal Council shall appoint a Liquor Enterprise Manager who 
shall have the following powers and duties:
    1. To manage the Liquor Enterprise for the benefit of the Tribe;
    2. To purchase, in the name of the Tribe, liquor products from off-
Reservation wholesale distributors and distribute them to on-
Reservation retailers as appropriate;
    3. To report and account to the Tribal Council at least twice a 
year regarding the operation and financial status of the Liquor 
Enterprise. The Tribal Council shall establish the dates on which such 
accounting shall take place. The Council may require more frequent 
accounting if it deems necessary;
    4. With Tribal Council approval, hire and set the salaries of 
personnel, as the Manager determines is necessary to the successful 
operation of the Liquor Enterprise;
    5. To supervise all Liquor Enterprise employees;
    6. With Tribal Council approval, to purchase and maintain Liquor 
Enterprise real and personal property;
    7. To maintain all Liquor Enterprise revenues in a special account, 
under direction from the Tribal Treasurer. Funds may be withdrawn from 
this account by the Manager for the wholesale purchase of liquor 
products to be sold pursuant to this Ordinance, for payment of salaries 
of employees of the Liquor Enterprise, for payment of routine operating 
expenses of the Liquor Enterprise and for the purchase and upkeep of 
real and personal property required for the Liquor Enterprise 
operations;
    8. To obtain and maintain in full force and effect a policy of 
general liability insurance covering the premises where Liquor 
Enterprise business is transacted in an amount set by the Tribal 
Council. The policy shall contain the stipulation that the Tribe shall 
be given ten (10) days notice of the proposed cancellation or 
expiration of such policy and shall have available for inspection a 
complete copy of such policy; and
    9. Such other powers and duties as are necessary to the day-to-day 
management of the Liquor Enterprise and specified by the Tribal Council 
from time-to-time.
    D. The Manager shall be bonded for an amount and for such purposes 
as the Tribal Council shall determine to be appropriate in managing the 
Liquor Enterprise.
    E. The gross proceeds collected by the Liquor Enterprise for all 
wholesale sales of alcoholic beverages within the Reservation shall be 
utilized in the discharge of the powers and duties set forth in Section 
1.6(C). The remainder of gross proceeds shall be paid over to the 
general fund of the Tribe on a monthly or periodic payment schedule 
established by the Tribal Council to be used for the delivery of Tribal 
governmental services and continued operation of the Tribal government.

Section 1.7. Liquor Tax

    Nothing in this Ordinance is intended nor shall be construed to 
amend, modify, limit, alter or otherwise affect the terms and 
requirements of Chapter 204 (``Liquor Tax'') of the Fort Mojave Indian 
Tribe Tax Ordinance. 

[[Page 54080]]


Section 1.8. Repeal of Prior Ordinance

    Ordinance No. 18 (``Fort Mojave Tribal Liquor Ordinance''), adopted 
by the Tribal Council on November 8, 1982, pursuant to Resolution No. 
83-18, is hereby repealed and of no further force and effect. In 
addition, any term of a prior Tribal ordinance which is inconsistent 
with the terms of this Ordinance is hereby repealed and such terms of 
this Ordinance shall be applied in lieu of any such repealed term of 
the prior Tribal ordinance.

Section 1.9. Sovereign Immunity Preserved

    Nothing in this Ordinance is intended nor shall be construed as a 
waiver of the sovereign immunity of the Fort Mojave Indian Tribe.

Section 1.10. Severability

    If any provision of this Ordinance or the application thereof shall 
be held to be invalid by a court of competent jurisdiction, the 
remaining provisions of this Ordinance shall not be affected thereby 
and shall remain in full force and effect as though no part of this 
Ordinance had been declared invalid.

Section 1.11. Tribal Court Jurisdiction

    The Fort Mojave Tribal Court shall be the exclusive judicial forum 
for all disputes and matters arising under this Ordinance.

Section 1.12. Effective Date

    This Ordinance shall become effective upon adoption by the Tribal 
Council pursuant to resolution and publication in the Federal Register 
in accordance with 18 U.S.C. Sec. 1161.

Section 1.13. Computation of Time

    In computing any period of time prescribed by this Ordinance, the 
date of the act, event or default from which the designated period of 
time begins to run shall not be included. Saturdays, Sundays and legal 
holidays shall be counted as any other day.

Chapter 2. Importation, Retail Sales and Licensing

Section 2.1. Importation of Liquor

    The Tribal Council shall have the sole and exclusive right to 
authorize the importation of liquor into the Reservation for resale. No 
liquor shall be imported into the Reservation for resale except by the 
Fort Mojave Tribal Liquor Enterprise.

Section 2.2. License Requirement

    No Retailer shall possess or sell alcoholic beverages within the 
Reservation unless the Retailer has obtained a license authorizing such 
possession and/or sale from the Commission, which license is in full 
force and effect.

Section 2.3. Storage of Beverages

    No licensee under this Ordinance shall keep or store any alcoholic 
beverages at any place within the Reservation other than on the 
premises where the licensee is authorized to sell alcoholic beverages, 
except as may be otherwise specified in a license issued by the 
Commission.

Section 2.4. Cash Sales

    All retail sales of alcoholic beverages within the Reservation 
shall be on a cash only basis and no credit shall be extended to any 
person for the purchase of alcoholic beverages by any Retailer and/or 
Vendor, except that this provision does not prevent the payment for 
purchases by credit cards such as Visa, Master Card, American Express 
and the like or by check.

Section 2.5. Resale Prohibited

    Resale of any alcoholic beverage purchased within the exterior 
boundaries of the Reservation is prohibited, except as provided with 
respect to the Liquor Enterprise in Section 1.6 of this Ordinance and 
as permitted pursuant to a license issued by the Commission.

Section 2.6. Licensing--General Provisions

    A. Before granting any license, the Commission shall consider the 
restrictions which are or may be placed upon the neighborhood by the 
Tribe.
    B. The Commission shall not consider an application for any license 
to sell alcoholic beverages:
    1. if within the two years before the date of the application, the 
Commission has denied an application at the same location for the 
reason that the reasonable requirements of the neighborhood were 
satisfied by the existing outlets;
    2. until it is established that the applicant is, or will be, 
entitled to possession of the premises for which application is made 
under a lease, rental agreement, or other arrangement for possession of 
the premises, or by virtue of ownership thereof; and/or
    3. for a location in an area where the sale of alcoholic beverages 
as contemplated is not permitted under the applicable zoning laws.
    C. No license shall be refused arbitrarily or without good cause.
    D. All licenses granted pursuant to this Chapter shall be good for 
one year from the date of issuance unless sooner revoked or suspended, 
except as provided in Section 2.9(A)(5) with respect to Special Event 
Licenses.
    E. Application for the renewal of an existing license shall be made 
to the Commission not less than forty-five days prior to the date of 
expiration. No application for renewal of a license shall be accepted 
by the Commission after the date of expiration, except that the 
Commission may, for good cause, waive the time requirements set forth 
in this paragraph. The Commission may cause a hearing on the 
application for renewal to be held and may refuse to renew any license 
for good cause.
    F. Each license issued under this Chapter is separate and distinct, 
and it is unlawful for any person to exercise any of the privileges 
granted under any license other than that which he holds or for any 
licensee to allow any other person to exercise such privileges granted 
under the license. A separate license shall be issued for each premise 
or location at which alcoholic beverages will be sold. At all times a 
licensee shall possess and maintain possession of the premise for which 
the license is issued by ownership, lease, rental, or other arrangement 
for possession of such premises.
    G. All licenses issued pursuant to this Chapter shall specify the 
date of issuance, the character and kind of license, the date of its 
expiration, the name of the licensee, and the location where the 
license is to be exercised.
    H. Licenses issued pursuant to this Chapter shall at all times be 
conspicuously placed in the licensed premise where the license is to be 
exercised.
    I. No license granted under the provisions of this Chapter shall be 
transferable except as provided in this paragraph I.
    1. When a license has been issued to a husband and wife, or to 
general or limited partners, the death of a spouse or partner shall not 
require the surviving spouse or partner to obtain a new license. All 
rights and privileges granted under the original license shall continue 
in full force and effect as to such survivors for the balance of the 
license period.
    2. For any other license transfer, application shall be made to the 
Commission. In determining whether to permit a license transfer the 
Commission shall consider the requirements of Section 2.8 of this 
Chapter. The Commission may cause a hearing on the application for 
license transfer to be held.
    J. A licensee shall provide written notice of each transfer or 
change of ownership or financial interest in the 

[[Page 54081]]
licensee to the Commission within ten days after the transfer or 
change. A detailed report shall be required for transfers of capital 
stock of a public corporation; except that a detailed report shall not 
be required for transfers of such stock totalling less than ten percent 
in any one year. Any transfer of a controlling interest shall be 
reported, regardless of size. It is a violation for the licensee to 
fail to report a transfer as required by this paragraph and/or to fail 
to obtain Commission approval for a license transfer as provided in 
paragraph (I)(2) hereof.
    K. Each licensee shall manage the premise for which he is licensed 
himself or employ a separate and distinct manager on the premises and 
shall report the name of the manager to the Commission. The licensee 
shall report any change in manager to the Commission within ten days 
after the change. It is a violation for the licensee to fail to report 
the name of or any change in manager.

Section 2.7. Application to Commission

    A. Applications for licenses under the provisions of this Chapter 
shall be made to the Commission and set forth such information as may 
be required to enable the Commission to determine whether a license 
should be granted. At a minimum, the application shall include the name 
and address of the applicant, and if a partnership, also the names and 
addresses of all the partners, and if a corporation, association, or 
other organization, also the names and addresses of the president, 
vice-president, secretary, and managing officer, together with a 
description of the premise, and evidence of right to possession 
thereof, at which the applicant desires to operate. Each application 
shall be verified by the oath or affirmation of such person or persons 
as the Commission may prescribe.
    B. Each application for a license filed with the Commission shall 
be accompanied by an application fee in an amount determined by the 
Commission to cover actual and necessary expenses in processing and 
acting on the application, subject to the following limitations:
    (1) For a new license, not to exceed four hundred dollars;
    (2) For a transfer of location or ownership, not to exceed two 
hundred dollars;
    (3) For renewal of license, not to exceed fifty dollars.
    The foregoing fees are separate and distinct from the fees charged 
in Section 2.10 of this Chapter. Said fees shall not be assessed 
against the Tribe, a governmental agency of the Tribe or a business 
entity in which the Tribe holds the majority ownership interest. Said 
fees may be waived by the Commission for good cause.

Section 2.8. Decision to License

    A. The Commission may refuse to issue any license if it determines 
that the applicant has not complied with, or is unlikely to be able to 
comply with, the terms and conditions of this Ordinance and/or other 
applicable law.
    B. Before any decision approving or denying the application, the 
Commission shall consider such factors as the reasonable requirements 
of the neighborhood for the type of license for which application has 
been made, and the number, type, and availability of retail liquor 
outlets located in or near the neighborhood under consideration. The 
Commission shall consider any other pertinent matters affecting the 
qualifications of the applicant for the proposed conduct and type of 
activity, including the moral character and reputation of the 
applicant. In investigating the qualifications of the applicant, the 
Commission may review criminal history record information furnished by 
a criminal justice agency subject to any restrictions imposed by such 
agency. In the event the Commission takes into consideration 
information concerning the applicant's criminal history record, the 
Commission shall also consider any information provided by the 
applicant regarding such criminal history record, including but not 
limited to evidence of rehabilitation, character references, and 
educational achievements, especially those items pertaining to the 
period of time between the applicant's last criminal conviction and the 
submission of the license application. Additionally, a representative 
of the Commission may visit and inspect the premise in which the 
applicant proposes to conduct the activity.
    C. Any decision of the Commission approving or denying an 
application shall be in writing stating the reasons therefor, and a 
copy of such decision shall be sent by certified mail to the applicant 
at the address shown in the application.
    D. No license shall be issued by the Commission after approval of 
an application until the building in which the business is to be 
conducted is ready for occupancy with such furniture, fixtures, and 
equipment in place as is necessary to comply with the provisions of 
this Ordinance and other Tribal law.
    E. No license shall be issued to or held by any person until the 
annual fee therefor has been paid as provided in Section 2.10 hereof.

Section 2.9. Classes of Licenses

    A. The licenses to be granted and issued by the Commission pursuant 
to this Ordinance shall be as follows:
    (1) Liquor Store License. A Liquor Store License may be issued to 
persons desiring to sell alcoholic beverages at retail in sealed 
containers not to be consumed at the premise or place where sold.
    (2) Hotel/Casino and Restaurant License.
    (a) A Hotel/Casino and Restaurant License may be issued to persons 
desiring to sell alcoholic beverages at retail by the drink or serving 
for consumption on the premise, and/or within the building in which the 
premise is located, by customers of such hotel/casino or restaurant.
    (i) Restaurants may sell alcoholic beverages as provided in this 
Section only to customers of such restaurant and only if meals are 
actually and regularly served.
    (ii) Hotel/casinos may sell alcoholic beverages as provided in this 
Section only to customers of such hotel/casino.
    (b) Notwithstanding any provision of this Chapter to the contrary, 
the holder of a Hotel/Casino and Restaurant License may furnish and 
deliver alcoholic beverages in sealed containers to its registered 
guests in hotel rooms without holding a Liquor Store License.
    (c) Notwithstanding any provision of this Chapter to the contrary, 
the holder of a Hotel/Casino and Restaurant License may furnish and 
deliver alcoholic beverages by the drink or serving for consumption in 
all areas within the building in which gaming is taking place.
    (d) It is the intent of this Section to require hotel/casino and 
restaurant licensees to maintain a bona fide hotel/casino and/or 
restaurant business and not a mere pretext of such for obtaining a 
license hereunder.
    (3) Tavern License. A Tavern License may be issued to persons 
desiring to sell alcoholic beverages at retail by the drink or serving 
for consumption on the premises. Such licensee shall have sandwiches or 
light snacks available on the premises during business hours.
    (4) Optional Premises License. An Optional Premises License may be 
granted to holders of a Hotel/Casino and Restaurant License for 
optional premises at which alcoholic beverages are sold at retail by 
the drink or serving for consumption on the optional premises. For 
purposes of this Chapter, the term ``optional premises'' means outdoor 
sports, entertainment and recreational facilities which are adjacent to 
and under common ownership with 

[[Page 54082]]
the hotel/casino or restaurant for which the applicant holds a Hotel/
Casino and Restaurant License.
    (5) Special Events License. A Special Events License may be issued 
to persons desiring to sell alcoholic beverages by the drink or serving 
at retail for consumption on the premises to persons who have paid a 
fee to attend the special event. A Special Events License shall be 
effective for no longer than the duration of the special event or for 
forty-eight (48) hours, whichever is shorter. No more than three (3) 
Special Events Licenses shall be issued to a person per annum.

Section 2.10. License Fees

    A. The following license fees shall be paid to the Commission 
annually in advance:
    (1) For each Liquor Store License, five hundred dollars ($500.00);
    (2) For each Hotel/Casino and Restaurant License, one thousand 
dollars ($1,000.00);
    (3) For each Tavern License, five hundred dollars ($500.00);
    (4) For each Optional Premises License, five hundred dollars 
($500.00).
    B. A license fee of two hundred fifty dollars ($250.00) shall be 
paid to the Commission for a Special Events License.
    C. The fees provided for in this Section 2.10 shall not be assessed 
against the Tribe, a governmental agency of the Tribe or a business 
entity in which the Tribe holds the majority ownership interest. Said 
fees may be waived by the Commission for good cause.

Section 2.11. Suspension and Revocation

    A. In addition to other penalties prescribed by this Ordinance, the 
Commission has the power, on its own motion or on complaint, after 
public hearing at which the licensee shall be afforded an opportunity 
to be heard and reasonable notice, to suspend or revoke any license for 
any violation by the licensee, or by any of the agents, servants, or 
employees of such licensee, of the provisions of this Ordinance and/or 
Commission regulations, or of any of the terms, conditions, or 
provisions of the license issued by the Commission. In addition, the 
Commission may revoke or elect not to renew a license if it determines 
that the licensed location has been inactive for at least one year.
    B. Suspension and/or revocation of a license by the Commission 
shall proceed in accordance with the provisions of the Fort Mojave 
Administrative Procedure Ordinance.
    C. No suspension under this Section shall be for a period longer 
than six months.
    D. Whenever any license is suspended or revoked, no part of the fee 
paid therefor shall be returned or refunded to the holder of such 
license.

Section 2.12. Records--Inspection

    Each licensee shall keep a complete set of books of account, 
invoices, copies of orders, shipping instructions, bills of lading, 
weigh bills, correspondence, and all other records necessary to show 
fully the business transactions of such licensee, all of which shall be 
open at all times during business hours for the inspection and 
examination of the duly authorized representative of the Commission. 
The Commission may require any licensee to furnish such information as 
it considers necessary for the proper administration of this Ordinance, 
and may require an audit to be made of such books of account and 
records on such occasions as it may consider necessary by an auditor to 
be selected by said Commission who shall likewise have access to all 
books and records of such licensee.

Section 2.13. Insurance

    Licensees under this Ordinance shall at all times maintain 
insurance coverage insuring against liability for bodily injury and 
property damage of a type and in such amounts as is customary with 
respect to the activities on the licensed premises.

Section 2.14. Access

    Licensees under this Ordinance shall at all times during business 
hours permit agents of the Commission unrestricted access to all areas 
within licensed premises upon display of proper identification.

Chapter 3. Prohibited Activities; Enforcement

Section 3.1. Prohibited Activities

    A. It shall be a violation of this Ordinance:
    1. For any person to sell or offer to sell any liquor except as 
provided in this Ordinance;
    2. For any person to possess for resale any liquor except as 
provided in this Ordinance;
    3. For any person to sell liquor to a person apparently under the 
influence of alcohol, or other deleterious substances;
    4. For any person to permit any person under the legal age to 
consume liquor on premises under his control, except when such liquor 
is being used in connection with bona fide religious services or 
practices;
    5. For any person to sell liquor to any person under the legal age. 
Where there may be a question of a person's right to purchase liquor by 
reason of his age such person shall be required to present any one of 
the following officially issued cards of identification which shows 
correct age and bears his signature and photograph:
    (a) Liquor Control Authority Card of Identification of any state.
    (b) Driver's License of any state or an identification card issued 
by any state department of motor vehicles.
    (c) United States Active Duty Military identification.
    (d) Passport;
    6. To employ a person under the legal age to sell or possess 
liquor;
    7. For any person to sell liquor:
    (a) within the Arizona portion of the Reservation, during hours 
when such sale would be prohibited by Arizona law if the sale was 
occurring outside the Reservation;
    (b) within the California portion of the Reservation, during hours 
when such sale would be prohibited by California law if the sale was 
occurring outside the Reservation; and
    (c) within the Nevada portion of the Reservation, during hours when 
such sale would be prohibited by Nevada law if the sale was occurring 
outside the Reservation;
    8. For any person to sell liquor on the Reservation on Tribal 
Election Days, during the hours polling places are open for voting;
    9. For any person to sell liquor without a license issued by the 
Commission that is in effect and/or contrary to the terms of a license 
issued by the Commission and/or without complying with applicable 
federal law;
    10. For any employee at a liquor establishment, when waiting on or 
serving customers, to consume liquor on the premises;
    11. For any person to fail or refuse to make timely payment of 
Tribal liquor taxes or of monies due the Tribe under this Ordinance;
    12. For a person to have in his possession or to transport liquor 
which is manufactured in a distillery, winery, brewery or rectifying 
plant contrary to the laws of the United States; or
    13. For a person to violate any provision of this Ordinance and/or 
Commission regulations and/or applicable federal law.

Section 3.2. Enforcement

    A. In any administrative or judicial proceeding under this 
Ordinance, proof of one prohibited sale of liquor shall suffice to 
establish prima facie the intent or purpose of keeping liquor for sale 
in violation of this Ordinance. 

[[Page 54083]]

    B. Any person adjudged to be in violation of this Ordinance by the 
Commission and/or Tribal Court shall be subject to a civil fine of not 
more than Five Thousand Dollars ($5,000.00) for each such violation. 
The Commission may adopt by regulation a schedule of fines for each 
type of violation, taking into account its seriousness and the threat 
it may pose to the general health and welfare of Tribal members.
    C. Alcoholic beverages which are sold and/or possessed contrary to 
the terms of this Ordinance are declared to be contraband. The 
Commission and/or any Tribal law enforcement officer may issue a 
citation or serve a summons under this Ordinance and seize such 
contraband. The Commission and/or any Tribal law enforcement officer 
seizing contraband shall preserve the contraband by placing it in a 
secure area provided for storage of impounded property and shall 
promptly prepare an inventory of it. Upon entry of judgment in the 
Tribal Court, a person adjudged to be in violation of this Ordinance 
shall forfeit all right, title, and interest in the items seized, which 
shall be disposed of in accordance with the Fort Mojave Law and Order 
Code: Provided that the items so forfeited shall not be sold to any 
person not entitled to possess them under applicable law.
    D. Any room, house, building, boat, vessel, vehicle, structure, or 
other place where liquor is sold and/or possessed, in violation of the 
provisions of this Ordinance or any other Tribal law relating to the 
sale and/or possession of liquor, and all property kept in and used in 
maintaining such place, are hereby declared to be a public nuisance. 
The Commission shall institute and maintain an action in the Tribal 
Court in the name of the Tribe to abate and perpetually enjoin any 
nuisance declared under this paragraph. The plaintiff shall not be 
required to file bond in the action, and restraining orders, temporary 
injunctions, and permanent injunctions may be granted in the cause as 
in other injunction proceedings against the defendant. The court may 
also order the room, house, building, boat, vessel, vehicle, structure, 
or place closed for a period of one (1) year or until the owner, 
lessee, tenant, or occupant thereof shall give bond of sufficient 
surety to be approved by the court in the sum of not less than One 
Thousand Dollars ($1,000.00), payable to the Tribe, and conditioned 
that liquor will not be thereafter sold, and/or possessed in violation 
of the provisions of this Ordinance or any other applicable Tribal law, 
and that he will pay all civil fines, costs and damages assessed 
against him for any violation of this Ordinance. If any condition of 
the bond is violated, the Tribal Court may order all or any part of the 
bond forfeited to the Tribe.
    E. All persons who violate this Ordinance may be summoned or cited 
into Tribal Court, there to be given a hearing as provided by the Civil 
Procedures of the Tribal Law and Order Code, for the alleged civil 
violations. In addition to any fines or other sanctions imposed by the 
Tribal Court, all alcoholic beverages in possession of the violator at 
the time of the violation and any funds from the sale thereof may be 
declared contraband, confiscated and forfeited to the Tribe.
    F. Persons not members of the Tribe, who are found to be in 
repeated violation of this Ordinance or any rules and regulations 
issued thereunder may be subject to exclusion from the Reservation.

    Dated: October 10, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-25886 Filed 10-18-95; 8:45 am]
BILLING CODE 4310-02-P