[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23261-23263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10917]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


The Iowa Tribe of Oklahoma Liquor Ordinance

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 USC Sec. 1161, as interpreted by the Supreme 
Court in Rice v. Rehner, 463 US 713 (1983). I certify that the Iowa 
Tribe of Oklahoma Liquor Ordinance was duly adopted by Ordinance Iowa 
No. 93-02 of the Iowa Tribe of Oklahoma on June 5, 1993. The ordinance 
provides for the regulation, sale, possession and use of alcoholic 
liquor and beer within the Tribe's jurisdiction.

DATES: Notwithstanding the provisions of Section 28, this ordinance is 
effective as of June 29, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry Cordova, Office of Tribal 
Services, 1849 C Street, NW, MS 4641 MIB, Washington, DC 20240-4001; 
telephone (202) 208-4401.

SUPPLEMENTARY INFORMATION: The Iowa Tribe of Oklahoma Liquor Ordinance 
is to read as follows:

Iowa Tribe of Oklahoma

Liquor Act of 1989

    Be it Enacted by the Iowa Tribe of Oklahoma:
    Repealed Law: The Iowa Tribe of Oklahoma Liquor Act, adopted by I-
89-47, August 22, 1989, repealed by I-90-19, January 3, 1990.
Section 1. Title and Purpose
    This Act shall be known as the Iowa Tribe of Oklahoma Liquor Act of 
1989. This Act is enacted to regulate the sale and distribution of 
liquor and beer products within the Tribal jurisdiction of the Iowa 
Tribe of Oklahoma, and to generate revenue to fund needed tribal 
programs and services.
Section 2. Definitions
    Unless otherwise required by the context the following words and 
phrases shall have the designated meanings:
    (A) ``Tribe'' shall mean the Iowa Tribe of Oklahoma, Rural Route 
721, Perkins, Oklahoma 74059.
    (B) ``Business Committee'' shall mean the Iowa Tribe of Oklahoma 
Business Committee as constituted by Article V of the Constitution and 
By-Laws of the Iowa Tribe of Oklahoma.
    (C) ``Tribal Jurisdiction'' shall mean:
    (1) All land within the limits of the Iowa Tribe of Oklahoma under 
the jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and, including rights of ways running through 
the reservation;
    (2) All dependant Iowa Tribe of Oklahoma communities within the 
borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or without 
the limits of a state and;
    (3) All Iowa Tribe of Oklahoma Indian Allotments, the Indian titles 
to which have not been extinguished, including rights of ways running 
through the same.
    (D) ``Member'' shall mean any person whose name appears on the 
official roll of the Iowa Tribe of Oklahoma.
    (E) ``Commercial Sale'' shall mean the transfer, exchange or 
barter, in any or by any means whatsoever for a consideration by any 
person, association, partnership, or corporation of liquor and beer 
products.

[[Page 23262]]

    (F) ``Wholesale Price'' shall mean the established price for which 
liquor and beer products are sold to the Iowa Tribe of Oklahoma or any 
licensed operator by the manufacturer or distributor, exclusive of any 
discount or other reduction.
    (G) ``Alcohol'' is the substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine, which is produced by the 
fermentation of distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions and mixtures of this 
substance.
    (H) ``Beer'' means any beverage obtained by the alcohol 
fermentation of an infusion or decoction of pure hop, or pure extract 
of hops, and malt sugar in pure water containing not more than 6% of 
alcohol by weight.
    (I) ``Liquor Outlet'' shall mean either:
    (1) A tribally licensed retail sale or wholesale business selling 
liquor or beer within the tribal jurisdiction, or
    (2) A tribally licensed commercial establishment selling liquor or 
beer for consumption within tribal jurisdiction. For purposes of this 
Act, ``Outlet'', ``Liquor Outlet'' and ``Liquor and Beer Outlet'' shall 
be deemed to have the same meaning and a reference to one shall be 
deemed a reference to and inclusion of the others.
    (J) ``Operator'' shall mean all enrolled members of twenty-one (21) 
years of age or older, of the Iowa Tribe of Oklahoma or enrolled 
members of twenty-one (21) years of age or older, of another federally 
recognized Tribe of American Indians licensed by the Iowa Tribe of 
Oklahoma, or any designated agent of twenty-one (21) years of age, or 
older, of any corporation chartered or domesticated pursuant to the 
Iowa Corporation Act, to operate either a retail, wholesale or 
commercial liquor and beer outlet, or any combination thereof.
Section 3. Licensing of Liquor and Beer Outlets
    The Iowa Tribe of Oklahoma Business Committee shall be the Iowa 
Tribe of Oklahoma Liquor and Beer Control Commission. The Commission is 
empowered to:
    (A) Administer these regulations by exercising general control, 
management and supervision of all liquor and beer sales, places of sale 
and sales outlets as well as exercising all powers necessary to 
accomplish the purpose of these regulations.
    (B) Adopt and enforce rules and regulations in furtherance of the 
purpose of these regulations and in the performance of its 
administrative functions.
Section 4. Nature of Outlet
    Each liquor and beer outlet, licensed granted by the Commission, 
hereunder, shall be managed pursuant to the conditions herein set out, 
and as adopted pursuant to Section 3, subparagraph B, of this law.
Section 5. Application For Liquor and Beer Outlet License
    Any enrolled member, twenty-one years of age and older, of the Iowa 
Tribe of Oklahoma or an enrolled member, twenty-one (21) years of age 
or older, of a federally recognized Tribe or any designated agent 
twenty-one (21) years of age or older, of any corporation chartered or 
domesticated pursuant to the Iowa Corporation Act may apply to the 
Commission for a liquor and beer outlet license.
Section 6. Corporations
    Any corporation chartered or domesticated pursuant to the Iowa 
Corporation Act may apply to the Commission for a liquor and beer 
outlet license.
Section 7. Processing of Application
    The Tribal Secretary-Treasurer or other representative authorized 
by the Commission shall receive and process applications and be the 
official representative of the Tribe and Commission in matters relating 
to liquor and beer excise tax collections and related matters. The 
Commission or its authorized representative shall obtain additional 
information as deemed appropriate. If the Commission or its authorized 
representative is satisfied that the applicant is a suitable and 
respectable person, the Commission or its authorized representative may 
issue a license for the sale of liquor and beer products.
Section 8. Application Fee
    Each application shall be accomplished by an application fee of 
twenty-five dollars ($25.00).
Section 9. Liquor and Beer License
    Upon approval of an application, the Commission shall issue the 
applicant a liquor and beer outlet license, for one year from the date 
of issuance, which shall entitle the operator to establish and maintain 
only the type outlet being permitted. This license shall not be 
transferable. It shall be renewable at the discretion of the Commission 
upon submission of the licensee of the application form required in 
Section 5 and payment of the application fee required in Section 8.
Section 10. Non-Indian License
    (RESERVED)
Section 11. Regarding Sales By Liquor Wholesales and Transport of 
Liquors Within the Tribal Jurisdiction
    The operator of any licensed outlet shall keep the Commission 
informed in writing of the identity of suppliers and/or wholesalers who 
supply or are expected to supply liquor stocks to the outlet(s). The 
Commission may, at its discretion, for any reasonable cause, limit or 
prohibit the purchase of said stock from a supplier or wholesaler.
Section 12. Freedom of Information From Suppliers
    Operators shall, in their purchase of stock and in their business 
relations with suppliers, cooperate with and assist the free flow of 
information and data to the Commission from suppliers relating to the 
sales and business arrangements between the suppliers and operators. 
The Commission may, at its discretion, require the receipts from the 
suppliers of all invoices, bills of lading, billings or other 
documentary receipts of sales to the operators.
Section 13. Sales By Retail, Wholesale and Commercial Operators
    (A) The Commission shall adopt procedures which shall supplement 
these Regulations and facilitate their enforcement. These procedures 
shall include limitations on sales to minors, where liquor may be 
consumed, persons not allowed to purchase alcoholic beverages, hours 
and days when outlets may be open for business, and other appropriate 
matters and controls.
    (B) No tribal operator shall give, sell, or otherwise supply liquor 
to any person under twenty-one (21) years of age either for his or her 
own use or for the use of his or her parents or for the use of any 
other person.
    (C) No tribally licensed retail or wholesale operator shall permit 
any person to open or consume liquor on his or her premises or any 
premises adjacent thereto and in his or her control; provided, the 
Commission may identify specific locations within Tribal jurisdiction 
where beer and/or alcohol may be consumed.
    (D) A tribally licensed commercial operator may permit persons to 
open and consume liquor and beer on his or her licensed premises; 
provided, the operator may not permit persons to open and consume 
liquor and beer on any premises adjacent thereto and under the control 
of the operator.

[[Page 23263]]

Section 14. Conduct on Licensed Premises
    Conduct prohibited on licensed premises shall be in accordance with 
the laws of the State of Oklahoma and the laws of the Iowa Tribe of 
Oklahoma. Jurisdiction over such conduct is reserved to and exercised 
by the Iowa Tribe of Oklahoma. Jurisdiction over such conduct is 
reserved to and exercised by the Iowa Tribe of Oklahoma.
Section 15. Employment of Minors
    No person under the age of twenty-one (21) years of age shall be 
employed in any service in connection with the sale or handling of 
liquor, either on a paid or voluntary basis, except as otherwise 
provided herein. Employees eighteen (18) years or older may sell or 
handle beer or wine provided that there is direct supervision by an 
adult twenty-one (21) years of age or older.
Section 16. Operator's Premises Open to Commission Inspection
    The premises of all operators, including vehicles used in 
connection with liquor sales, shall be open at all times to inspection 
by the Iowa Tribe of Oklahoma, Liquor and Beer Control Commission or 
its designated representative.
Section 17. Operator's Records
    The original or copies of all sales slips, invoices, and other 
memoranda covering all purchases of liquor by operators shall be kept 
on file in the retail premises of the operator purchasing the same for 
at least five (5) years after each purchase, and shall be filed 
separately and kept apart from all other records, and as nearly as 
possible shall be filed in consecutive order and each month's records 
kept separate so as to render the same readily available for inspection 
and checking. All canceled checks, bank statements and books of 
accounting covering or involving the purchase of liquor, and all 
memoranda, if any, showing payment of money for liquor other than by 
check, shall be likewise preserved for availability for inspection and 
checking.
Section 18. Records Confidential
    All records of the Iowa Tribe of Oklahoma Liquor and Beer Control 
Commission showing purchase of liquor by an individual or group shall 
be confidential and shall not be inspected except by members of the 
Commission or the Commission's authorized representative.
Section 19. Conformity With State Law
    Operators shall operate the outlets in conformity with both the 
laws of the State of Oklahoma and this Act as required by 18 U.S.C. 
1161.
Section 20. Tribal Excise Tax Imposed Upon Distribution of Liquor
    (A) The Commission shall by resolution include a provision for the 
taxing of sales of liquor and beer products to the consumer or 
purchaser. Such tax shall be in amounts equal to at least 5% of all 
retail sales prices, but the Commission may establish tax rates in 
excess of that 5% for any given class of merchandise.
    (B) The excise tax levied hereunder shall be added to the retail 
selling price of liquor and beer products sold to the ultimate 
consumer.
Section 21. Liability for Bills
    The Tribe shall have no legal responsibility for any unpaid bills 
owed by a liquor and beer outlet to a wholesale supplier or any other 
person.
Section 22. Other Business by Operator
    An operator may conduct another business simultaneously with 
managing liquor and beer outlet; provided, such other business must be 
approved prior to initiation by majority vote of the Iowa Tribe of 
Oklahoma Business Committee. Said other business may be conducted on 
the same premises as a liquor and beer outlet, but the operator shall 
be required to maintain separate books of account for the other 
business.
Section 23. Tribal Liability and Credit
    (A) Operators are forbidden to represent or give the impression to 
any supplier or person with whom he or she does business that he or she 
is an official representative of the Tribe or the Commission authorized 
to pledge tribal credit or financial responsibility for any of the 
expenses of his or her business operation. The operator shall hold the 
Iowa Tribe of Oklahoma harmless from all claims and liability of 
whatever nature. The Commission shall revoke an operator's outlet 
license(s) if said outlet(s) is not operated in a businesslike manner 
or if it does not remain financially solvent or does not pay its 
operating expenses and bills before they become delinquent.
    (B) The operator shall maintain at his or her expense adequate 
insurance covering liability, fire, theft, vandalism, and other 
insurable risks. The Commission or the Business Committee may 
establish, as a condition of any license, the required insurance limits 
and any additional coverages deemed advisable.
Section 24. Audit and Inspection
    (A) All of the books and other business records of the outlet shall 
be available for inspection and audit by the Commission or its 
authorized representative for any reasonable time.
    (B) The excise tax together with reports on forms to be supplied by 
the Commission shall be remitted to the Tribal office monthly unless 
otherwise specified in writing by the Commission. The operator shall 
furnish a satisfactory bond to the Tribe in an amount to be specified 
by the Commission guaranteeing his or her payment of excise taxes.
Section 25. Revocation of Operator's License
    Failure of an operator to abide by the provision of these 
regulations and any additional regulations or requirements imposed by 
the Commission will constitute grounds for revocation of the operator's 
license as well as enforcement of the penalties provided in Section 26.
Section 26. Violation--Penalties
    Any Indian violating these Regulations shall be guilty of an 
offense and subject to a fine of not less than fifty dollars ($50.00) 
and not to exceed a maximum of two hundred-fifty dollars ($250.00). Any 
operator who violates the provisions set forth herein shall forfeit all 
of the remaining stock in outlet(s). The Tribe shall be empowered to 
seize forfeited products.
Section 27. Separability
    If any provision of the Regulations in its application to any 
person or circumstance is held invalid, the remainder of the 
Regulations and their application to other persons or circumstances is 
not affected.
Section 28. Effective date
    This Act shall become effective January 3, 1990, by Resolution I 
90-19, as amended October 12, 1990, by Resolution I-92-02; May 22, 1991 
by Resolution I-91-28; and General Council Ratification by Ordinance 
Iowa No. 93-02, June 5, 1993.

    Dated: April 21, 1997
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-10917 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-02-P