[Federal Register Volume 62, Number 220 (Friday, November 14, 1997)]
[Notices]
[Pages 61141-61144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29934]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Tribal Liquor Ordinance for the Kaibab Band of Paiute Indians of 
the Kaibab Indian Reservation of Arizona

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. Sec. 1161. I certify that Ordinance 
No. 15, Tribal Liquor Ordinance for the Kaibab Band of Paiute Indians 
of the Kaibab Indian Reservation of Arizona, was duly adopted and 
certified by the Kaibab Paiute Tribal Council on October 5, 1996. The 
Ordinance provides for the regulation of the sale, possession and 
consumption of liquor in the area of the Kaibab Indian Reservation, 
under the jurisdiction of the Kaibab Band of Paiute Indians, and is in 
conformity with the laws of the State of Arizona.

DATES: This Ordinance is effective November 14, 1997.

FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal 
Government Services, 1849 C Street NW, MS 4603-MIB, Washington, D.C. 
20240-4001; telephone (202) 208-3463.

SUPPLEMENTARY INFORMATION: The Tribal Liquor Ordinance for the Kaibab 
Band of Paiute Indians is to read as follows:

Tribal Liquor Ordinance for the Kaibab Band of Paiute Indians of 
the Kaibab Indian Reservation of Arizona

Section 1-10-010: Legislative Control

    Federal law currently prohibits the introduction of liquor into 
Indian country and expressly delegates to tribes the decision regarding 
when and to what extent liquor transactions shall be permitted on their 
reservations. The Kaibab Band of Paiute Indians (herein, the ``Tribe'') 
has decided to open certain lands described below within its 
jurisdiction to the possession, consumption and sale of liquor by 
enacting this Ordinance, which is adopted pursuant to the Act of August 
15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Sec. 1161) and shall 
serve as the ``Liquor Ordinance'' referenced herein. The lands which 
are open to the sale, possession, and consumption of alcoholic 
beverages shall be only commercial establishments in which the Tribe 
owns a controlling interest and which are located on the Reservation; 
provided that any Tribal convenience store shall only be open to sale 
and possession, but not consumption, of alcoholic beverages.

Section I-10-020: Control Desired

    This Ordinance shall govern all liquor sales and distribution on 
the reservation, will increase the ability of the Tribe to control 
reservation liquor distribution and possession, and will provide an 
additional source of revenue for tribal operations.

Section I-10-030: Goals of Regulation

    Tribal regulation of the sale, possession, and consumption of 
liquor on the reservation is necessary to protect the health, security, 
and general welfare of the Tribe, and to address tribal concerns 
relating to alcohol use on the reservation. In order to further these 
goals and to provide an additional source of governmental revenue, the 
Tribe has adopted this Ordinance, which shall be liberally construed to 
fulfill the purposes for which it has been adopted. This Ordinance is 
authorized by the Preamble and Article VI, Section I (a), (b), (c), 
(d), (e), (h), (j), and (k) and Section 2 (e) of the Constitution and 
By-laws of the Tribe which provide, among other things, that the Tribal 
Council shall have the power ``to promulgate ordinances and resolutions 
to promote and protect the peace, health, education, safety and welfare 
of the band, its members and all other persons within its jurisdiction.

Section 1-20-010: Definitions of Words

    As used in This Ordinance, 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, or spirit of wine which is commonly produced 
by the fermentation or distillation of grain, starch, molasses, or 
sugar, or other substances including all dilutions and mixtures of this 
substance.
    (b) ``Alcoholic Beverage'' is synonymous with the term ``liquor'' 
as defined at Section 1-20-010(d) hereof.
    (c) ``Beer'' means any beverage obtained by the fermentation or 
infusion or decoction of pure hops, or pure extract of hops and pure 
barley malt or other wholesome grain or cereal in

[[Page 61142]]

water and which contains not more than four percent of alcohol by 
volume.
    (d) ``Liquor'' includes the four varieties of liquor herein defined 
(alcohol, spirits, wine, and malt liquor), and all fermented, 
spirituous, vinous, or malt liquor, or combinations thereof, and mixed 
liquor, a part of which is fermented, spirituous, vinous, or malt 
liquor, or otherwise intoxicating. Every liquid or solid or semisolid 
or other substance, patented or not, containing alcohol, spirits, wine 
or malt liquor, and all drinks or drinkable liquids and all 
preparations or mixtures capable of human consumption and any liquid, 
semisolid, solid, or other substances, containing more than one percent 
of alcohol by weight shall be conclusively deemed to be intoxicating.
    (e) ``Malt Liquor'' means beer, strong beer, ale, stout, and 
porter.
    (f) ``Package'' means any container or receptacle used for holding 
liquor.
    (g) ``Reservation'' means all lands of the Tribe described or 
referenced in the Tribe's Constitution, including, but not limited to, 
any lands which may in the future come within the jurisdiction of the 
Tribe by any lawful means.
    (h) ``Sale'' and ``Sell'' mean exchange, barter, and traffic; and 
also include 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 liquor'' or 
``liquor'' or ``wine'' by any person to any person.
    (i) ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, including wines exceeding seventeen percent of alcohol 
by weight.
    (j) ``Strong Beer'' means any beverage obtained by the alcoholic 
fermentation or infusion or decoction of pure hops, or pure extract of 
hops and pure barley malt or other wholesome grain or cereal in water, 
including ale, stout, and porter, containing more than four percent of 
alcohol by weight.
    (k) ``This Ordinance'' means this liquor code, which shall serve 
the Tribe as the liquor ordinance referenced at 18 U.S.C. Sec. 1161.
    (l) ``Tribe'' means, and ``Tribal'' refers to, the Kaibab Band of 
Paiute Indians, a federally recognized Tribe of Native American 
Indians, listed at 53 F.R. 52829-02 as the ``Kaibab Band of Paiute 
Indians of the Kaibab Indian Reservation, Arizona.''
    (m) ``Tribal Council'' shall mean the duly elected Tribal Council 
of the Tribe which is the governing body of the Tribe.
    (n) ``Tribal Court'' means the Tribal Courts of the Tribe as 
established pursuant to the Constitution and ordinances of the Tribe.
    (o) ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, 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.

Section 1-30-010: Authorization

    The Tribe, its members and other persons, including, but not 
limited to, corporations, partnerships, associations and natural 
persons, are hereby authorized to introduce, sell, purchase, 
distribute, warehouse, possess and consume alcoholic beverages within 
certain areas of the Reservation as described in Section 1-10-010, in 
accordance with the laws of the State of Arizona (including Arizona 
liquor licensing provisions); provided, however, that any person or 
entity, other than the Tribe, which sells alcoholic beverages within 
the reservation must first obtain a tribal liquor license from the 
Tribal Council and such sales shall be subject to taxes and license 
fees as may be established by duly enacted resolution of the Tribal 
Council.
    Section 1-30-020: Distribution of Taxes and Fees
    All taxes and license fees related to the sale or introduction of 
alcoholic beverages on the reservation shall be remitted to the Tribal 
Council through the Tribal Comptroller, who shall keep accurate records 
of all such receipts, and shall be subject to distribution by the 
Tribal Council in accordance with its usual appropriation procedures 
for governmental and social services.

Section 1-30-030: Tribal Liquor License Elements

    Tribal liquor licenses shall authorize the holder thereof to sell 
alcoholic beverages at wholesale or at retail in cans, bottles or any 
other package within a defined area; provided, however, that a tribal 
liquor license shall be valid only if the holder thereof is in 
compliance with the laws of any other jurisdiction which may have any 
authority with regard to liquor sales and regulation on the 
reservation.
    Tribal liquor licenses shall set forth the location and description 
of the building and premises for which each license is issued and shall 
define the area where the holder of each tribal liquor license may sell 
alcoholic beverages for a period of one year.

Section 1-40-010: General

    Notwithstanding any other provision of this Ordinance, no penalty 
may be imposed pursuant or related to this Ordinance in contravention 
or in excess of any limitation imposed by the Indian Civil Rights Act 
of 1968, 82 Stat. 77, 25 U.S.C. Sec. 1301 et seq. (``ICRA'') or other 
applicable Federal law.

Section 1-40-020: Illegal Transportation, Still, or Sale Without Permit

    Any person who, within the reservation and without a valid tribal 
liquor license, sells or offers for sale or transport in any manner any 
liquor within the boundaries of the reservation in violation of this 
Ordinance, or who operates or has in his possession any spirit 
distillation device or any substance meant or specifically concocted to 
be distilled into liquor (not including devices or mash related to the 
home manufacture of beer, strong beer, or wine solely for the purpose 
of personal consumption and not for sale), shall be guilty of an 
Offense punishable upon conviction in the Tribal Court.

Section 1-40-030: Illegal Purchase of Liquor

    Any person who buys liquor within the boundaries of the reservation 
other than from an individual or entity properly licensed pursuant to 
this Ordinance shall be guilty of an Offense punishable upon conviction 
in the Tribal Court.

Section 1-40-040: Furnishing Liquor to Minors

    Except in the case of liquor given or administered to a person by 
his physician or dentist for medicinal purposes, no person under the 
age of 21 years shall consume, acquire or have in his possession any 
alcoholic beverages except when such beverages are used in connection 
with religious services. No person shall permit any other person under 
the age of 21 to consume liquor on his premises or on any premises 
under his control except in those situations set out in this section. 
Any person violating this section shall be guilty of an Offense 
punishable upon conviction in the Tribal Court.

Section 1-40-050: Sales of Liquor to a Minor

    Any person who shall sell any liquor to any person under the age of 
21 years shall be guilty of an Offense punishable upon conviction in 
the Tribal Court and shall be further subject to forfeit any

[[Page 61143]]

license issued pursuant to this Ordinance; provided, however, that the 
forfeiture of any license issued pursuant to this Ordinance may occur 
only after notice and a hearing according to the procedures set forth 
in Section 1-50-020 of this Ordinance.

Section 1-40-060: Unlawful Transfer of Identification

    Any person who transfers in any manner an identification of age to 
a minor for the purpose of permitting such minor to obtain liquor shall 
be guilty of an Offense punishable upon conviction in the Tribal Court. 
Corroborative testimony of a witness other than the minor shall be a 
requirement of conviction under this section.

Section 1-40-070: Possession of False or Altered Identification

    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 
an Offense punishable upon conviction in the Tribal Court.

Section 1-40-080: General Penalties

    Any person guilty of a violation of this Ordinance for which no 
penalty has been specifically provided shall be liable upon conviction 
for the maximum penalty prescribed in the Tribal Law and Order Code.

Section 1-40-090: Identification; Proof of Minimum Age

    Where there may be a question of a person's right to purchase 
liquor by reason of his/her age, such person shall be required to 
present any one of the following officially issued cards of 
identification which shows his/her correct age and bears his/her 
signature and photograph:
    (a) Liquor control authority card of identification of any state;
    (b) Driver's license of any state or ``Identicard'' issued by any 
state Department of Motor Vehicles;
    (c) United States Active Duty Military Identification;
    (d) Passport; or
    (e) Identification or Enrollment Card issued by the Tribe or any 
other federally-recognized tribe.

Section 1-40-100: Illegal Items Declared Contraband

    Alcohol beverages which are possessed contrary to the terms of this 
Ordinance are hereby declared to be contraband. Any officer who shall 
make an arrest under this section shall seize all contraband which he 
shall have the authority to seize consistent with the Tribe's 
Constitution, the Tribal Law and Order Code, the ICRA and any other 
applicable Federal law.

Section 1-40-110: Non-Indian Violations

    Nothing in this Ordinance shall be construed to require or 
authorize the criminal trial and punishment by the Tribal Court of any 
non-Indian except to the extent allowed under Federal law. In general, 
when any provision of this Ordinance is violated by a non-Indian, he or 
she shall be referred to state and/or Federal authorities for 
prosecution under applicable law. It is the expressed intent of the 
Tribe that any non-Indian referred to state and/or Federal authorities 
pursuant to this section be prosecuted to the furthest extent of 
applicable law.

Section 1-50-010: Declaration of Nuisance

    Any room, house, building, boat, vessel, 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 and all property kept in and used in 
maintaining such place, including tribal liquor licenses related to any 
such property, are hereby declared to be a common nuisance.

Section 1-50-020: Institution Action

     The Chairperson of the Tribal Council or the head of the tribal 
law enforcement department may institute and maintain an action in the 
Tribal Court in the name of the Tribe to abate and perpetually enjoin 
any nuisance declared under article Section 1-50-010 of this Ordinance 
or any other violation of this Ordinance. The plaintiff shall be 
required to file grounds in the action, and restraining orders, 
temporary injunctions, and permanent injunctions may be granted in the 
case as in other injunction proceedings. Upon final judgment against 
the defendant, the Tribal Court may order the forfeiture of any license 
issued pursuant to this Ordinance and that the offending room, house, 
building, boat, vessel, vehicle, structure, or place be closed for a 
period of one year or until the owner, lessee, tenant, or occupant 
thereof shall give bond of sufficient sum of not less than $1,000.00 
payable to the Tribe, which bond shall be conditioned on the agreement 
of such person that liquor will not be thereafter manufactured, kept, 
sold, bartered, exchanged, given away, furnished, or otherwise disposed 
of therein in violation of the provisions of this Ordinance and that 
such person will pay all fines, costs and damages assessed against him/
her for any violation of this Ordinance. If any conditions of the bond 
are violated, the whole amount may be recovered as a penalty for the 
use of the Tribe. Any action taken under this section shall be in 
addition to any criminal penalties provided for under this Ordinance or 
any other applicable provision of the Tribal Law and Order Code.

Section 1-50-030: Abatement of Nuisance

     In all cases where any person has been convicted of a violation of 
this Ordinance, an action may be brought in Tribal Court to abate as a 
nuisance any real estate or other property involved in the commission 
of the offense, and in any such action a certified copy of the record 
of such conviction shall be admissible in evidence and prima facie 
evidence that the room, house, vessel, boat, building, vehicle, 
structure, or place against which such action is brought is a public 
nuisance.

Section 1-60-01-0: Severability

     If any application or provision, or any portion of any provisions, 
of this Ordinance is determined by review of any court of competent 
jurisdiction to be invalid such adjudication shall not render 
ineffectual the remaining portions of this Ordinance or render such 
provisions automatically inapplicable to other persons or 
circumstances.

Section 1-60-020: Effective Date

    This Ordinance shall be effective as a matter of tribal law on 
October 15, 1996, upon approval by a majority of eligible voters 
attending the annual General Membership Meeting on October 5, 1996, and 
effective as a matter of Federal law on November 14, 1997.

Section 1-60-030: Inconsistent Enactments Rescinded

    Any and all prior enactments of the Tribal Council which are 
inconsistent with the provisions of this Ordinance are hereby rescinded 
to the extent of such inconsistency.

Section 1-60-040: Application of 18 U.S.C. Sec. 1161

    All acts and transactions under this Ordinance shall be in 
conformity with the laws of the State of Arizona to the extent required 
under 18 U.S.C. Sec. 1161.

Section 1-60-050: Jurisdiction and Sovereign Immunity

    Nothing in this Ordinance shall be construed to limit the 
jurisdiction of the Tribe, the Tribal Court, or Tribal law

[[Page 61144]]

enforcement personnel and nothing herein shall limit or constitute a 
waiver of the sovereign immunity of the Tribe or its officers, 
instrumentalities and agents or authorize any form of a prospective 
waiver of such sovereign immunity. Nothing in this Ordinance shall be 
construed as an admission that any body politic, other than the Tribe, 
has jurisdiction over any matter arising from or related to the 
Reservation, except to the extent such jurisdiction is confirmed by 
Federal law.

    Dated: October 29, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-29934 Filed 11-13-97; 8:45 am]
BILLING CODE 4310-02-P