[Federal Register Volume 66, Number 239 (Wednesday, December 12, 2001)]
[Notices]
[Pages 64268-64272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30661]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Quapaw Tribe of Oklahoma Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Quapaw Tribe of Oklahoma Liquor 
Control Ordinance. The Ordinance regulates the control, possession, and 
sale of liquor on the Quapaw Tribe trust lands, in conformity with the 
laws of the State of Oklahoma, where applicable and necessary. Although 
the Ordinance was adopted on June 22, 2001, it does not become 
effective until published in the Federal Register because the failure 
to comply with the ordinance may result in criminal charges.

[[Page 64269]]


DATES: This Ordinance is effective on December 12, 2001.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
Services, 1849 C Street NW, MS 4631-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of the adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Quapaw Tribe of Oklahoma Liquor 
Control Ordinance, Resolution No. 062201A, was duly adopted by the 
Quapaw Tribal Business Committee on June 22, 2001. The Quapaw Tribe, in 
furtherance of its economic and social goals, has taken positive steps 
to regulate retail sales of alcohol and use revenues to combat alcohol 
abuse and its debilitating effect among individuals and family members 
within the Quapaw Tribe.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 Departmental Manual 8.1.
    I certify that by Resolution No. 062201A, the Quapaw Tribe of 
Oklahoma Liquor Control Ordinance was duly adopted by the Quapaw Tribal 
Business Committee on June 22, 2001.

    Dated: December 3, 2001.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.

    The Quapaw Tribe of Oklahoma Liquor Control Ordinance reads as 
follows:

Liquor Control Ordinance of the Quapaw Tribe of Oklahoma

Article I. Introduction

    Section 1. Title. This Ordinance shall be known as the Quapaw Tribe 
of Oklahoma Liquor Ordinance.
    Section 2. Authority. This ordinance is enacted pursuant to the Act 
of August 15, 1953, 67 stat. 586, codified at 18 U.S.C. 1161, and by 
section 5 of the Governing Resolution of the Quapaw Tribe of Oklahoma.
    Section 3. Purpose. The purpose of this ordinance is to regulate 
and control the possession and sale of liquor on the Quapaw Tribe of 
Oklahoma Trust Land. The enactment of a tribal ordinance governing 
liquor possession and sale on the Quapaw Tribe of Oklahoma Trust land 
will increase the ability of the tribal government to control the sale, 
distribution and possession of liquor on Quapaw Tribe of Oklahoma 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 4. Effective Date. This ordinance shall be effective on 
certification by the Secretary of the Interior and its publication in 
the Federal Register.
    Section 5. Declaration of Public Policy and Purpose.
    (a) The introduction, possession, and sale of liquor on the Quapaw 
Tribe of Oklahoma Trust Land is a matter of special concern to the 
Quapaw Tribe of Oklahoma.
    (b) Federal Law currently prohibits the introduction of liquor into 
Indian Country (18 U.S.C. 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. 1161).
    (c) The Quapaw Tribe of Oklahoma finds that a complete ban on 
liquor within the Quapaw Tribe of Oklahoma Trust Land is ineffective 
and unrealistic. However, it recognizes that a need still exists for 
strict regulation and control over liquor transactions within the 
Quapaw Tribe of Oklahoma Trust Land, because of the many potential 
problems associated with the unregulated or inadequately regulated 
sale, possession, distribution, and consumption of liquor. The Quapaw 
Tribe of Oklahoma finds that exclusive 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 Quapaw Tribe of 
Oklahoma 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 Quapaw Tribe of Oklahoma 
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 II. Definitions

    As used in the title, the following words shall have the following 
meanings unless the context clearly requires otherwise:
    (a) Alcohol. 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. A term synonymous with the term liquor as 
defined in Article II(f) of this chapter.
    (c) Bar. 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. 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.
    (e) Business Committee. The Quapaw Tribal 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. Any store at which liquor is sold and, for the 
purpose of this ordinance, including stores only a portion of which are 
devoted to sale of liquor or beer.
    (h) Malt Liquor. Includes beer, strong beer, ale, stout and porter.
    (i) Package. 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

[[Page 64270]]

single family home which is designed for or may be used by more than 
just the owner of the establishment.
    (k) Quapaw Tribal Council. The general council of the Quapaw Tribe 
of Oklahoma which is composed of the voting membership of the Tribe.
    (l) Quapaw Tribe of Oklahoma Trust Land. Those lands which are held 
in trust by the United States for the Quapaw Tribe and not for any 
individual Indian.
    (m) 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.
    (n) Spirits. Any beverage, which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent of alcohol by 
weight.
    (o) Wine. 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.

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 to:
    (a) Publish and enforce rules and regulations adopted by the 
Business Committee governing the sale, manufacture, distribution, and 
possession of alcoholic beverages on the Quapaw Tribe of Oklahoma Trust 
Land;
    (b) 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) Issue licenses permitting the sale or manufacture or 
distribution of liquor on the Quapaw Tribe of Oklahoma Trust Land;
    (d) Hold hearings on violations of this ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) Bring suit in the appropriate court to enforce this ordinance 
as necessary;
    (f) Determine and seek damages for violation of the ordinance;
    (g) Make such reports as may be required by the Quapaw Tribal 
Council; and
    (h) Collect taxes and fees levied or set by the Business Committee 
and to keep accurate records, books and accounts.
    Section 2. Limitation 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 Quapaw 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 purposes 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 Quapaw Tribe of Oklahoma 
Trust Land may only be made at businesses which hold a Quapaw Liquor 
License.
    Section 2. Sales for Cash. All liquor sales within the Quapaw Tribe 
of Oklahoma Trust Land boundaries shall be on a cash only basis and no 
credit shall be extended to any person, organization, or entity, except 
that the 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 
Quapaw Tribe of Oklahoma Trust Land is prohibited. Any person who is 
not licensed pursuant to this ordinance who purchases an alcoholic 
beverage within the boundaries of the Quapaw Tribe of Oklahoma Trust 
Land and sells it, whether in the original container or not, shall be 
guilty of a violation of this ordinance and shall be subjected to 
paying damages to the Quapaw Tribe as set forth herein.

Article V. Licensing

    Section 1. Procedure. In order to control the proliferation of 
establishments on the Quapaw Tribe of Oklahoma 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 
Quapaw Tribe of Oklahoma Trust Land must apply to the Quapaw 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 Quapaw Tribe of Oklahoma Trust Land must 
fill in the application provided for this purpose by the Quapaw Tribe 
and pay such application fees as may be set from time to time by the 
Business Committee for this purpose. Said application must be filled 
out completely in order to be considered.
    Section 3. Issuance of License. The Business Committee may issue a 
license if it believes that such issuance is in the best interests of 
the Quapaw Tribe and its members.
    Section 4. Period of License. Each license may be issued for a 
period not to exceed (2) two 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 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 Quapaw Tribe.
    Section 6. Revocation of License. The Business Committee may revoke 
a license for reasonable cause upon notice of 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 Licenses. Licenses issued by 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 Quapaw 
Tribe of Oklahoma 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 Quapaw Tribe of Oklahoma Trust Land shall be paid over 
to the General Treasury of the Quapaw Tribe.
    Section 2. Taxes Due. All taxes for the sale of liquor and 
alcoholic beverages on the Quapaw Tribe of Oklahoma Trust Land are due 
on the 15th day of the month following the end of the calendar quarter 
for which the taxes are due.

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    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 Quapaw 
Tribe of Oklahoma 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, 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 Quapaw Tribe of 
Oklahoma 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 engaged 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 Quapaw Tribe of Oklahoma 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; or
    (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 Quapaw Tribe of Oklahoma.

Article VIII. 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 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 that 
$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.

[[Page 64272]]

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.

[FR Doc. 01-30661 Filed 12-11-01; 8:45 am]
BILLING CODE 4310-02-P