[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Notices]
[Pages 47766-47769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23043]
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DEPARTMENT OF THE INTERIOR
Seneca-Cayuga Tribe of Oklahoma Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs.
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. Sec. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983). I certify that by
Resolutions numbered 09-073196 and 14-120595, Liquor Control Ordinance,
were duly adopted by the Seneca-Cayuga Tribe of Oklahoma on July 31,
1996. The Ordinances regulate the control of, the possession of, and
the sale of liquor on Seneca-Cayuga trust lands, and is in conformity
with the laws of Oklahoma.
DATES: This Ordinance is effective as of September 10, 1996.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal
Government Services, 1849 C Street N.W., MS 4603-MIB, Washington, D.C.
20240-4001; telephone (202) 208-3463.
SUPPLEMENTARY INFORMATION: The Seneca-Cayuga Tribe of Oklahoma Liquor
Control Ordinance, Resolutions numbered 09-073196 and 14-120595, is to
read as follows:
Liquor Control Ordinance of The Sencea-Cayuga Tribe of Oklahoma
Chapter I--Introduction
Section 101. Title. This ordinance shall be known as the ``Seneca-
Cayuga Tribal Liquor Control Ordinance.''
Section 102. Authority. This ordinance is enacted pursuant to the
Act of August 15, 1953, 67 Stat. 586, codified at 18 U.S.C. Section
1161, and by the authority of the Seneca-Cayuga Tribal Business
Committee.
Section 103. Purpose. The purpose of this ordinance is to regulate
and control the possession and sale of liquor on the Seneca-Cayuga
Trust Land. The enactment of a tribal ordinance governing liquor
possession and sale on the Seneca-Cayuga Trust Land will increase the
ability of the tribal government to control the sale, distribution and
possession of liquor on Seneca-Cayuga Trust Land and will provide an
important source of revenue for the continued operation and
strengthening of the tribal government and the delivery of tribal
government services.
Section 104. Effective Date. This ordinance shall be effective on
certification by the Secretary of the Interior and its publication in
the Federal Register.
Article 1. Declaration of Public Policy and Purpose
(a) The introduction, possession, and sale of liquor on the Seneca-
Cayuga Trust Land is a matter of special concern to the Seneca-Cayuga
Tribe.
(b) Federal law currently prohibits the introduction of liquor into
Indian Country (18 U.S.C. Section 1154), except as provided therein and
expressly delegates to the tribes the decision regarding when and to
what extent liquor transactions shall be permitted. (18 U.S.C. Section
1161).
(c) The Seneca-Cayuga Council finds that a complete ban on liquor
within the Seneca-Cayuga Trust Land is ineffective and unrealistic.
However, it recognizes that a need still exists for strict regulation
and control over liquor transactions within the Seneca-Cayuga Trust
Land, because of the many potential problems associated with the
unregulated or inadequately regulated sale, possession, distribution,
and consumption of liquor. The Seneca-Cayuga Council finds that tribal
control and regulation of liquor is necessary to achieve maximum
economic benefit to the Tribe, to protect the health and welfare of
tribal members, and to address specific concerns relating to alcohol
use on the Seneca-Cayuga Trust Land.
(d) It is in the best interests of the Tribe to enact a tribal
ordinance governing liquor sales on the tribal lands and which provides
for exclusive purchase, distribution, and sale of liquor only on tribal
lands within the exterior boundaries of the Seneca-Cayuga Tribe Trust
Land. Further, the Tribe has determined that said purchase,
distribution, and sale shall take place only at tribally-owned
enterprises and/or tribally licensed establishments operating on land
leased from or otherwise owned by the Tribe.
Article 11. Definitions.
As used in this title, the following words shall have the following
meanings unless the context clearly requires otherwise:
(a) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever
source or by whatever process produced.
(b) ``Alcoholic Beverage'' is synonymous with the term ``liquor''
as defined in Article II(f) of this Chapter.
(c) ``Bar'' means any establishment with special space and
accommodations for the sale of liquor by the glass and for consumption
on the premises as herein defined.
(d) ``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 containing the percent of alcohol by volume subject to
regulation as an intoxicating beverage in the state where the beverage
is located.
[[Page 47767]]
(e) ``Business Committee'' means the Seneca-Cayuga Business
Committee.
(f) ``Liquor'' includes all fermented, spirituous, vinous, or malt
liquor or combinations thereof, and mixed liquor, a part of which is
fermented, and every liquid or solid or semisolid or other substance,
patented or not, containing distilled or rectified spirits, potable
alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and
all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption and any liquid, semisolid, solid, or other
substances, which contains more than one half of one percent of
alcohol.
(g) ``Liquor Store'' means any store at which liquor is sold and,
for the purpose of this ordinance, including stores only a portion of
which are devoted to the sale of liquor or beer.
(h) ``Malt Liquor'' means beer, strong beer, ale, stout and porter.
(i) ``Package'' means any container or receptacle used for holding
liquor.
(j) ``Public Place'' includes state or county or tribal or federal
highways or roads; buildings and grounds used for school purposes:
public dance halls and grounds adjacent thereto; soft drink
establishments, public buildings, public meeting halls, lobbies, halls
and dining rooms of hotels, restaurants, theaters, gaming facilities,
entertainment centers, stores, garages, and filling stations which are
open to and/or are generally used by the public and to which the public
is permitted to have unrestricted access; public conveyances of all
kinds and character; and all other places of like or similar nature to
which the general public has unrestricted right of access, and which
are generally used by the public. For the purpose of this ordinance,
``Public Place'' shall also include any establishment other than a
single family home which is designed for or may be used by more than
just the owner of the establishment.
(k) ``Sale'' and ``Sell'' includes exchange, barter and traffic;
and also includes the selling or supplying or distributing, by any
means whatsoever, of liquor, or of any liquid known or described as
beer or by any name whatsoever commonly used to describe malt or brewed
liquor or of wine by any person to any person.
(l) ``Spirits'' means any beverage, which contains alcohol obtained
by distillation, including wines exceeding seventeen percent of alcohol
by weight.
(m) ``Tax Commission'' this term refers to the Seneca-Cayuga Tax
Commission, created pursuant to the General Revenue and Taxation Act of
1985.
(n) ``Wine'' means any alcoholic beverage obtained by fermentation
of the natural contents of fruits, vegetables, honey, milk, or other
products containing sugar, whether or not other ingredients are added,
to which any saccharine substances may have been added before, during
or after fermentation, and containing not more than seventeen percent
of alcohol by weight, including sweet wines fortified with wine
spirits, such as port, sherry, muscatel and angelica, not exceeding
seventeen percent of alcohol by weight.
(o) ``Seneca-Cayuga Council'' means the general council of the
Seneca- Cayuga Tribe of Oklahoma which is composed of the voting
membership of the Tribe.
(p) ``Seneca-Cayuga Trust Land'' means those lands which are held
in trust by the United States for the Seneca-Cayuga Tribe and not for
any individual Indian.
Article III. Powers of Enforcement
Section 1. The Business Committee. In furtherance of this
ordinance, the Business Committee shall have the following powers and
duties:
(a) To publish and enforce rules and regulations adopted by the
Business Committee governing the sale, manufacture, distribution, and
possession of alcoholic beverages on the Seneca-Cayuga Trust Land;
(b) To employ managers, accountants, security personnel, inspectors
and such other persons as shall be reasonably necessary to allow the
Business Committee to perform its functions. Such employees shall be
tribal employees;
(c) To authorize the Tax Commission to issue licenses permitting
the sale or manufacture or distribution of liquor on the Seneca-Cayuga
Trust Land and to revoke such licenses as provided herein;
(d) To hold hearings on violations of this ordinance or for the
issuance or revocation of licenses hereunder;
(e) To bring suit in the appropriate court to enforce this
ordinance as necessary;
(f) To make such reports as may be required by the Seneca-Cayuga
Council;
(g) To authorize the Tax Commission to collect taxes and fees
levied or set by the Business Committee and to keep accurate records,
books, and accounts;
(h) To determine and seek damages for violation of the ordinance.
Section 2. Limitations on Powers. In the exercise of its powers and
duties under this ordinance, the Business Committee and its individual
members shall not:
(a) Accept any gratuity, compensation or other thing of value from
any liquor wholesaler, retailer, or distributor or from any licensee;
(b) Waive the immunity of the Seneca-Cayuga Tribe from suit without
the express consent of the Business Committee.
Section 3. Inspection Rights. The premises on which liquor is sold
or distributed shall be open for inspection by the Business Committee
at all reasonable times for the purpose of ascertaining whether the
rules and regulations of the Business Committee and this ordinance are
being complied with.
Article IV. Sales of Liquor
Section 1. License Required. Sales of liquor and alcoholic
beverages within the exterior boundaries of Seneca-Cayuga Trust Land
may only be made at businesses which hold a Seneca-Cayuga Tribal Liquor
License.
Section 2. Sales for Cash. All liquor sales within the Seneca-
Cayuga Trust Land boundaries shall be on a cash only basis and no
credit shall be extended to any person, organization, or entity, except
that this provision does not prevent the payment for purchases with the
use of credit cards such as Visa, MasterCard, American Express, etc.
Section 3. Sale for Personal Consumption. All sales shall be for
the personal use and consumption of the purchaser. Resale of any
alcoholic beverage purchased within the exterior boundaries of the
Seneca-Cayuga Trust Land is prohibited. Any person who is not licensed
pursuant to this ordinance who purchases an alcoholic beverage within
the boundaries of the Seneca-Cayuga Tribal Trust Land and sells it,
whether in the original container or not, shall be guilty of a
violation of this ordinance and shall be subject to paying damages to
the Seneca-Cayuga Tribe as set forth herein.
Article V. Licensing
Section 1. Procedure. In order to control the proliferation of
establishments on the Seneca-Cayuga Trust Land which sell or serve
liquor by the bottle or by the drink, all persons or entities which
desire to sell liquor within the exterior boundaries of the Seneca-
Cayuga Trust Land must apply to the Seneca-Cayuga Tribe for a license
to sell or serve liquor.
Section 2. Application. Any person or entity applying for a license
to sell or serve liquor on the Seneca-Cayuga Trust Land must fill in
the application provided for this purpose by the Seneca-Cayuga Tribe
and pay such application fee as may be set from time to time by the Tax
Commission or, in the absence thereof the Business Committee, for this
[[Page 47768]]
purpose. Said application must be filled out completely in order to be
considered.
Section 3. Issuance of License. The Tax Commission or, in the
absence thereof, the Business Committee may issue a license if it
believes that such issuance is in the best interests of the Seneca-
Cayuga Tribe and its members.
Section 4. Period of License. Each license may be issued for a
period not to exceed two (2) years from the date of issuance.
Section 5. Renewal of License. A licensee may renew its license if
the licensee has complied in full with this ordinance provided however,
that the Tax Commission or in the absence thereof the Business
Committee may refuse to renew a license if it finds that doing so would
not be in the best interests of the health and safety of the Seneca-
Cayuga Tribe.
Section 6. Revocation of License. The Tax Commission or, in the
absence thereof, the Business Committee may revoke a license for
reasonable cause upon notice and hearing at which the licensee is given
an opportunity to respond to any charges against it and to demonstrate
why the license should not be suspended or revoked.
Section 7. Transferability of License. Licenses issued by the Tax
Commission or, in the absence thereof, the Business Committee shall not
be transferable and may only be utilized by the person or entity in
whose name it was issued.
Article VI. Taxes
Section 1. Sales Tax. There is hereby levied and shall be collected
a tax on each retail sale of liquor or alcoholic beverage on the
Seneca-Cayuga Trust Land in the amount of one percent (1%) of the
retail sales price. All taxes from the sale of liquor and alcoholic
beverages on the Seneca-Cayuga Trust Land shall be paid over to the
General Treasury of the Seneca-Cayuga Tribe.
Section 2. Taxes Due. All taxes for the sale of liquor and
alcoholic beverages on the Seneca-Cayuga Trust Land are due on the 15th
day of the month following the end of the calendar quarter for which
the taxes are due.
Section 3. Delinquent Taxes. Past due taxes shall accrue interest
at 2% per month.
Section 4. Reports. Along with payment of the taxes imposed herein,
the taxpayer shall submit a quarterly accounting of all income from the
sale or distribution of liquor, as well as for the taxes collected.
Section 5. Audit. As a condition of obtaining a license, the
licensee must agree to the review or audit of its book and records
relating to the sale of liquor and alcoholic beverages on the Seneca-
Cayuga Trust Land. Said review or audit may be done periodically by the
Tribe through its agents or employees whenever, in the opinion of the
Business Committee or Tax Commission, such a review or audit is
necessary to verify the accuracy of reports.
Article VII. Rules, Regulations, and Enforcement
Section 1. In any proceeding under this ordinance, conviction of
one unlawful sale or distribution of liquor shall establish prima facie
intent of unlawfully keeping liquor for sale, selling liquor or
distributing liquor in violation of this ordinance.
Section 2. Any person who shall sell or offer for sale or
distribute or transport in any manner, liquor in violation of this
ordinance, or who shall operate or shall have liquor for sale in his
possession without a license, shall be guilty of a violation of this
ordinance subjecting him or her to civil damages assessed by the
Business Committee.
Section 3. Any person within the boundaries of the Seneca-Cayuga
Trust Land who buys liquor from any person other than a properly
licensed facility shall be guilty of a violation of this ordinance.
Section 4. Any person who keeps or possesses liquor upon his person
or in any place or on premises conducted or maintained by his principal
or agent with the intent to sell or distribute it contrary to the
provisions of this title, shall be guilty of a violation of this
ordinance.
Section 5. Any person who knowingly sells liquor to a person under
the influence of liquor shall be guilty of a violation of this
ordinance.
Section 6. Any person engaging wholly or in part in the business of
carrying passengers for hire, and every agent, servant, or employee of
such person, who shall knowingly permit any person to drink liquor in
any public conveyance shall be guilty of an offense. Any person who
shall drink liquor in a public conveyance shall be guilty of a
violation of this ordinance.
Section 7. No person under the age of 21 years shall consume,
acquire or have in his possession any liquor or alcoholic beverage. No
person shall permit any other person under the age of 21 to consume
liquor on his premises or any premises under his control except in
those situations set out in this section. Any person violating this
section shall be guilty of a separate violation of this ordinance for
each and every drink so consumed.
Section 8. Any person who shall sell or provide any liquor to any
person under the age of 21 years shall be guilty of a violation of this
ordinance for each such sale or drink provided.
Section 9. Any person who transfers in any manner an identification
of age to a person under the age of 21 years for the purpose of
permitting such person to obtain liquor shall be guilty of an offense;
provided, that corroborative testimony of a witness other than the
underage person shall be a requirement of finding a violation of this
ordinance.
Section 10. Any person who attempts to purchase an alcoholic
beverage through the use of false or altered identification which
falsely purports to show the individual to be over the age of 21 years
shall be guilty of violating this ordinance.
Section 11. Any person guilty of a violation of this ordinance
shall be liable to pay the Seneca-Cayuga Tribe the amount of $500 per
violation as civil damages to defray the Tribe's cost of enforcement of
this ordinance.
Section 12. When requested by the provider of liquor, any person
shall be required to present official documentation of the bearer's
age, signature and photograph. Official documentation includes one of
the following:
(1) Driver's license or identification card issued by any state
department of motor vehicles;
(2) United States Active Duty Military;
(3) Passport.
Section 13. Liquor which is possessed, including for sale, contrary
to the terms of this ordinance are declared to be contraband. Any
tribal agent, employee or officer who is authorized by the Business
Committee to enforce this section shall seize all contraband and
preserve it in accordance with the provisions established for the
preservation of impounded property.
Section 14. Upon being found in violation of the ordinance, the
party shall forfeit all right, title and interest in the items seized
which shall become the property of the Seneca-Cayuga Tribe.
Article VII. Abatement
Section 1. Any room, house, building, vehicle, structure, or other
place where liquor is sold, manufactured, bartered, exchanged, given
away, furnished, or otherwise disposed of in violation of the
provisions of this ordinance or of any other tribal law relating to the
manufacture, importation, transportation, possession, distribution, and
sale of liquor, and all property kept
[[Page 47769]]
in and used in maintaining such place, is hereby declared to be a
nuisance.
Section 2. The Chairman of the Business Committee or, if the
Chairman fails or refuses to do so, by a majority vote, the Business
Committee shall institute and maintain an action in the name of the
Tribe to abate and perpetually enjoin any nuisance declared under this
article. In addition to all other remedies at tribal law, the Court may
also order the room, house, building, 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 sum of not less than
$25,000 payable to the Tribe and conditioned that liquor will not be
thereafter manufactured, kept, sold, bartered, exchanged, given away,
furnished, or otherwise disposed of thereof in violation of the
provisions of this ordinance or of any other applicable tribal law and
that he will pay all fines, costs and damages assessed against him for
any violation of this ordinance or other tribal liquor laws. If any
conditions of the bond be violated, the bond may be recovered for the
use of the Tribe.
Section 3. In all cases where any person has been found in
violation of this ordinance relating to the manufacture, importation,
transportation, possession, distribution, and sale of liquor, an action
may be brought to abate as a nuisance any real estate or other property
involved in the violation of the ordinance and violation of this
ordinance shall be prima facie evidence that the room, house, building,
vehicle, structure, or place against which such action is brought is a
public nuisance.
Article IX. Revenue
Revenue provided for under this ordinance, from whatever source,
shall be expended for administrative costs incurred in the enforcement
of this ordinance. Excess funds shall be subject to appropriation by
the Business Committee for essential governmental and social services.
Article X. Severability and Effective Date
Section 1. If any provision or application of this ordinance is
determined by review to be invalid, such determination shall not be
held to render ineffectual the remaining portions of this ordinance or
to render such provisions inapplicable to other persons or
circumstances.
Section 2. This ordinance shall be effective on such date as the
Secretary of the Interior certifies this ordinance and publishes the
same in the Federal Register.
Section 3. Any and all prior enactments of the Business Committee
which are inconsistent with the provisions of this ordinance are hereby
rescinded.
Article XI. Amendment
This ordinance may only be amended by a vote of the Business
Committee.
Dated: September 3, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-23043 Filed 9-9-96; 8:45 am]
BILLING CODE 4310-02-P