[Federal Register Volume 75, Number 84 (Monday, May 3, 2010)]
[Notices]
[Pages 23289-23295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10251]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Ponca Tribe of Indians of Oklahoma Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Ponca Tribe of Indians of Oklahoma 
Liquor Control Ordinance. The Ordinance regulates and controls the 
possession, sale, and consumption of liquor within the tribal lands. 
The tribal lands are located in Indian country and this Ordinance 
allows for possession and sale of alcoholic beverages within their 
boundaries. This Ordinance will increase the ability of the tribal 
government to control the community's liquor distribution and 
possession, and at the same time will provide an important source of 
revenue for the continued operation and strengthening of the tribal 
government and the delivery of tribal services.

DATES: Effective Date: This Ordinance is effective on May 3, 2010.

FOR FURTHER INFORMATION CONTACT: Sherry Lovin, Tribal Government 
Services Officer, Southern Plains Regional Office, WCD Office Complex, 
PO Box 368, Anadarko, OK 73005, Telephone: (405) 247-1537, Fax (405) 
247-9240; or Elizabeth Colliflower, Office of Indian Services, 1849 C 
Street NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 
513-7641.

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 adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Business Committee of the Ponca 
Tribe of Indians of Oklahoma adopted its Liquor Control Ordinance by 
Resolution No. 32-061109 on June 11, 2009. The purpose of this 
Ordinance is to govern the sale, possession, and distribution of 
alcohol within tribal lands of the Tribe.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the Business Committee of the Ponca Tribe of 
Indians of Oklahoma adopted its Liquor Control Ordinance by Resolution 
No. 32-061109 on June 11, 2009.

    Dated: April 22, 2010.
Paul Tsosie,
Chief of Staff--Indian Affairs.

    The Ponca Tribe of Indians of Oklahoma Liquor Control Ordinance of 
2009 reads as follows:

Ponca Tribe of Indians of Oklahoma

Liquor Control Ordinance of 2009

An Ordinance To Authorize and Regulate the Introduction, Possession and 
Sale of Liquor on Tribal Lands

    Be it enacted by the Ponca Business Committee as follows:
Article 1. Title.
    This Ordinance shall be known as the ``Ponca Tribe of Indians of 
Oklahoma Liquor Control Ordinance of 2009.''
Article 2. Authority.
    This Ordinance is enacted pursuant to the Act of August 15, 1953 
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161), the Constitution of the 
Ponca Tribe of Indians of Oklahoma, and the Tribe's inherent sovereign 
authority. Pursuant to Article VIII, Section 2(b) of the Constitution 
of the Ponca Tribe of Indians of Oklahoma: All law and order ordinances 
adopted by the Ponca Business Committee pursuant to this Article shall 
be approved by the Secretary of the Interior before they are effective 
unless otherwise provided by applicable law.
Article 3. Purpose.
    The purpose of this Ordinance is to authorize, regulate, and 
control the introduction, possession, and sale of Liquor on the Tribal 
Lands of the Ponca Tribe of Indians of Oklahoma in accordance with 
Federal law, Oklahoma State law, and the laws of the Ponca Tribe of 
Indians of Oklahoma. The enactment of this Ordinance will enhance the 
ability of the Tribal government to control all Liquor related 
activities within the jurisdiction of the Tribe. This Ordinance is 
enacted in conjunction with the laws of the State of Oklahoma 
applicable to the sale and distribution of Liquor pursuant to 18 U.S.C. 
1161.
Article 4. Scope.
    In order to protect the health, safety, and social welfare of the 
members of the Ponca Tribe of Indians of Oklahoma and the patrons of 
businesses located on Tribal Lands, and be consistent with the 
principles enunciated by the United States Supreme Court in United 
States v. Montana, 101 S. Ct. 1245 (1981), the Tribe, as an exercise of 
sovereign authority and self-determination, has enacted this Ordinance 
to regulate the

[[Page 23290]]

introduction, possession, and sale of Liquor on Tribal Lands. This 
Ordinance applies to all Tribal Lands, as defined herein. This 
Ordinance shall extend to all Persons, as defined herein, receiving or 
requiring Licenses hereunder, or doing business on Tribal Lands, or 
having significant contacts within Tribal Lands, or residing within 
Tribal Lands, or entering into or coming within Tribal Lands, or 
consuming, possessing, manufacturing, or distributing Liquor within 
Tribal Lands. All such Persons shall be deemed to have consented to the 
jurisdiction of the Tribe and to the provisions of this Ordinance, the 
operation thereof, and to the jurisdiction and authority of the Tribe, 
and shall, by virtue of such actions, be deemed to have waived all 
defenses to the jurisdiction and venue of the Tribe, the Tribal Gaming 
Commission, and the Tribal Court, notwithstanding that such Persons may 
be of non-Indian descent or character.
Article 5. Definitions.
    As used in this Ordinance, the following definitions shall apply:
    (a) ``Alcohol'' has the same meaning as the term ``Liquor'' as 
herein defined in this Ordinance.
    (b) ``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 containing not more than four percent of Alcohol by volume. For 
the purpose of this Ordinance, any such beverage, including ale, stout, 
and porter, containing more than four percent of Alcohol by weight 
shall be referred to as ``strong Beer.''
    (c) ``Gaming Facility'' means a building or buildings and accessory 
improvements located on Tribal Land, as defined herein, and used in the 
operation of Class II or Class III Gaming, as applicable, including all 
land upon which the building or buildings are situated that is 
appropriated for the use of the Gaming Facility, together with all 
parts of the Gaming Site and all related appurtenances and fixtures, 
including any ancillary or related hotel, resort or entertainment 
facilities.
    (d) ``Gaming Site'' or ``Site'' means the tract or tracts of Tribal 
Land upon which a Gaming Facility is located.
    (e) ``License'' means a liquor license duly issued by the Tribal 
Gaming Commission pursuant to this Ordinance.
    (f) ``Liquor'' means the four varieties of liquor herein defined 
(Alcohol, Spirits, Wine and Beer), and all fermented spirituous, 
vinous, or malt liquor or combinations thereof, and mixed liquor, or a 
part of which is fermented, spirituous, vinous, or malt liquor, or 
otherwise intoxicating; and every other liquid or solid or semisolid or 
other substance, patented or not, containing Alcohol, Spirits, Wine or 
Beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semisolid, 
solid, or other substances that contains more than 1 percent of Alcohol 
by weight shall be conclusively deemed to be intoxicating.
    (g) ``Management Contractor'' means a Person (other than the Tribe) 
holding a management contract entered into pursuant to 25 U.S.C. 
2710(d)(9) or 2711 and approved by the National Indian Gaming 
Commission pursuant to Part 532 (Approval of Management Contracts), 
Title 25, Code of Federal Regulations.
    (h) ``Ordinance'' means this Ponca Tribe of Indians of Oklahoma 
Liquor Control Ordinance of 2009.
    (i) ``Patron'' means a person visiting premises licensed pursuant 
to this Ordinance and having the intent to purchase any goods or 
services for sale to the general public therein.
    (j) ``Person'' means any natural person, partnership, corporation, 
limited liability company, association, other statutory business entity 
and any sovereign. The term also includes any Tribal Gaming Operations 
Authority duly constituted pursuant to the laws of the Tribe.
    (k) ``Public Place'' means any location or premises on Tribal Lands 
to which the general public has unrestricted access.
    (l) ``Sale and Sell'' means any exchange, barter, gift or traffic; 
and also includes the selling of 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 and also includes giving 
away Liquor, Wine, Beer, or Spirits.
    (m) ``Spirits'' means any beverage, which contains Alcohol obtained 
by distillation, including wines exceeding 17 percent of Alcohol by 
weight.
    (n) ``State'' means the State of Oklahoma and any of its agencies 
or instrumentalities.
    (o) ``Tribal Business Committee'' means the Ponca Business 
Committee as described in the Constitution of the Ponca Tribe of 
Indians of Oklahoma.
    (p) ``Tribal Court'' means a court duly constituted under the 
Constitution of the Ponca Tribe of Indians of Oklahoma, or so long as 
there be no such court, the Court of Indian Offenses sitting in 
Anadarko, Oklahoma, together with all tribunals provided for the appeal 
of the decisions of such court under Federal law.
    (q) ``Tribal Gaming Commission'' or ``Commission'' means the Ponca 
Tribal Gaming Commission established pursuant to the Ponca Tribe of 
Indians of Oklahoma Gaming Ordinance for the purpose of performing 
regulatory oversight and to monitor compliance with tribal, Federal, 
and State regulations, including this Ordinance.
    (r) ``Tribal Gaming Operation'' means each economic unit that is 
licensed by the Tribe and owned, operated and managed through a Tribal 
Gaming Operations Authority duly constituted by the Tribal Business 
Committee or by a Management Contractor.
    (s) ``Tribal Gaming Operations Authority'' means a profit-making 
business unit of the Tribe pursuant to the laws of the Tribe and 
conducting Gaming on Tribal Lands under the authority of licenses 
granted by the Tribal Gaming Commission.
    (t) ``Tribal Lands'' means all land over which the Tribe exercises 
governmental power and that is either held in trust by the United 
States for the benefit of the Tribe or individual members of the Tribe 
and located within the boundaries of the Ponca Tribe's original 
reservation as established in the Treaty of October 21, 1867, as well 
as the 814.84 acres of land held in trust, for the Ponca Tribe, at the 
old Chilocco Indian School Reserve pursuant to Public Law 99-283 (S 
1684); May 1, 1986.
    (u) ``Tribal Manager'' means a natural person hired by the Tribal 
Gaming Operations Authority as a regular employee of the Tribe with 
overall management responsibility for a Tribal Gaming Operation and in 
the case of a Tribal Gaming Operations Authority each member of the 
Board of Trustees thereof.
    (v) ``Tribe'' means the Ponca Tribe of Indians of Oklahoma which is 
recognized by the United States Secretary of the Interior as eligible 
for the special programs and services provided by the United States to 
Indians because of their status as Indians and recognized as possessing 
powers of self-government.
    (w) ``Wine'' means any Liquor obtained by fermentation of any 
fruits (grapes, berries, apples, etc.), or fruit juice and containing 
not more than 17 percent of Alcohol by weight, including sweet wines 
fortified with wine spirits, such as port, sherry, muscatel, and 
angelica, not exceeding 17 percent of Alcohol by weight.

[[Page 23291]]

Article 6. Powers of Enforcement.
    (A) The Tribal Gaming Commission is hereby delegated primary 
regulatory authority over the subject matter of this Ordinance. The 
Tribal Gaming Commission, in furtherance of this Ordinance, has the 
following powers and duties:
    (1) To promulgate and publish such reasonable regulations regarding 
the sale of Liquor pursuant to this Ordinance as the Tribal Gaming 
Commission may from time to time deem to be appropriate;
    (2) To employ managers, accountants, security personnel, 
inspectors, and other such persons as may be reasonably necessary to 
allow the Tribal Gaming Commission to perform its functions, and such 
employees shall be tribal employees;
    (3) To issue Licenses permitting introduction, possession, and sale 
of Liquor on Tribal Lands;
    (4) To hold hearings on violations of this Ordinance or for the 
issuance, suspension, or revocation of Licenses for the sale of Liquor 
on Tribal Lands issued pursuant to this Ordinance;
    (5) To bring suit in the Tribal Court in the name of the Tribe to 
enforce this Ordinance, as the Tribal Gaming Commission may deem to be 
necessary;
    (6) To seek damages and collect civil fines imposed by the Tribal 
Gaming Commission for violations of this Ordinance;
    (7) To make reports, as may be required, of any violations under 
this Ordinance;
    (8) To collect License fees and fines set by the Tribal Gaming 
Commission under this Ordinance, and to keep accurate records, books 
and accounts of all such receipts; and
    (9) To exercise such other powers as are necessary and appropriate 
to fulfill the purposes of this Ordinance.
    (B) Civil Enforcement. The Tribal Gaming Commission may take any 
one or a combination of the following actions with respect to any 
person who violates any provision of this Ordinance:
    (1) Impose a civil fine not to exceed Five Hundred Dollars ($500) 
for each violation, and if such violation is a continuing violation, 
for each day of such violation;
    (2) Suspend or revoke any License issued by the Tribal Gaming 
Commission; and
    (a) The Tribal Gaming Commission may suspend or revoke a License 
for reasonable cause upon notice and hearing by the Tribal Gaming 
Commission at which the licensee shall be given at least twenty (20) 
days' prior written notice, served upon the licensee by first-class 
mail or certified mail return receipt requested, at the notice address 
stated in the licensee's most recent application, and stating the date 
and nature of the violation, the date, time and place of the hearing 
and the section or sections of this Ordinance that have been violated.
    (b) At such hearing, the licensee shall have the right to be 
represented by an attorney at law licensed in any state and shall have 
the opportunity to respond to any charges against it, to present 
evidence under oath, to cross-examine all witnesses and otherwise to 
demonstrate why the License should not be suspended or revoked. At such 
hearings, the Federal Rules of Evidence in effect at the time of the 
hearing shall be applied, hearsay evidence shall in any event not be 
competent, and the burden of persuasion shall be that of the Tribal 
Gaming Commission, by a preponderance of the evidence.
    (c) A decision of the Tribal Gaming Commission pursuant to such 
hearing may be appealed to the Tribal Court within thirty (30) days of 
such decision.
    (3) Bring an action in the Tribal Court for imposition of civil 
fines and remedial relief, including (but not limited to):
    (a) Restriction on the sale of liquor on Tribal Lands;
    (b) Suspension, revocation, or termination of the License and 
issuing an order suspending further commercial activities on Tribal 
Lands;
    (c) In the case of any non-member of the Tribe, expulsion and 
debarment of such persons from Tribal Lands;
    (d) Collection of any unpaid fees together with interest at the 
rate of two percent (2%) per month or fraction of a month; or
    (e) Execution of any nonexempt property of a violator located 
within the exterior boundaries of Tribal Lands.
    (C) Due Process Procedures for Imposition of Fine or Remedial 
Relief.
    (1) Imposition of fines or remedial relief by the Tribal Gaming 
Commission under Article 6(b)(3) shall require reasonable cause upon 
notice and a hearing held by the Tribal Gaming Commission at which the 
licensee shall be given at least twenty (20) days' prior written 
notice, served upon the licensee by first-class mail or certified mail 
return receipt requested, at the notice address stated in the 
licensee's most recent application, and stating the date and nature of 
the violation, the date, time and place of the hearing and the section 
or sections of this Ordinance that have been violated.
    (2) At such hearing, the licensee shall have the right to be 
represented by an attorney at law licensed in any state and shall have 
the opportunity to respond to any charges against it, to present 
evidence under oath, to cross-examine all witnesses and otherwise to 
demonstrate why such fine or remedial relief should not be imposed. At 
such hearing, the Federal Rules of Evidence in effect at the time of 
the hearing shall be applied, hearsay evidence shall in any event not 
be competent, and the burden of persuasion shall be that of the Tribal 
Gaming Commission, by a preponderance of the evidence.
    (3) A decision of the Tribal Gaming Commission pursuant to such 
hearing may be appealed to the Tribal Court within thirty (30) days of 
such decision.
    (D) Tribal Court Jurisdiction.
    The Tribal Court shall have jurisdiction over any civil action 
brought by the Tribal Gaming Commission under this Ordinance, any 
appeal of a decision of the Tribal Gaming Commission regarding 
suspension, revocation, fine, or remedial relief arising out of a 
violation of this Ordinance, and also shall have the authority to 
impose any and all sanctions that may be imposed by the Tribal Gaming 
Commission pursuant to this Ordinance. Upon a finding that a violation 
of this Ordinance has occurred, the Tribal Court may impose a civil 
penalty as provided in this Article for each separate violation in 
addition to any or all actual damages, administrative costs, court 
costs, and attorneys fees.
    (E) Inspection Rights.
    The Public Places on or within which Liquor is sold or distributed 
shall be open for inspection by the Tribal Gaming Commission at all 
reasonable times for the purposes of ascertaining compliance with this 
Ordinance and other regulations promulgated thereto.
    (F) Limitations on Powers.
    In the exercise of its powers and duties under this Ordinance, the 
Tribal Gaming Commission and its individual members shall not accept 
gratuity, compensation, or other things of value from any Liquor 
producer, wholesaler, retailer, or distributor or from any Liquor 
licensee, other than the License fees and penalties established 
pursuant to this Ordinance.
    (G) Prohibitions.
    (1) In any proceeding under this Article, proof of one unlawful 
sale or distribution of Liquor shall suffice to establish prima facie 
intent or purpose of unlawfully keeping Liquor for sale, selling 
Liquor, or distributing Liquor in violation of this Ordinance.
    (2) Any Person who shall sell or offer for sale or distribute or 
transport in any manner any Liquor in violation of this

[[Page 23292]]

Ordinance shall be guilty of violation of this Ordinance. Nothing in 
this Ordinance shall apply to the possession or transportation of any 
quantity of Liquor not purchased or otherwise acquired at any retail 
establishment on Tribal Lands and intended only by members of the Tribe 
for their personal or other non-commercial use. The possession, 
transportation, sale, consumption, or other disposition of Liquor 
outside of Tribal Lands shall be governed solely by the laws of the 
State of Oklahoma or other sovereign having jurisdiction.
    (3) Any Person who, in a Public Place, buys Liquor from any Person 
other than at a valid holder of a Liquor License issued by the Tribal 
Gaming Commission pursuant to this Ordinance, shall be guilty of a 
violation of this Ordinance.
    (4) Any Person who shall sell or offer for sale or distribute or 
transport in any manner, any Liquor in violation of this Ordinance, or 
who shall operate or shall have Liquor in his possession with intent to 
sell or distribute without a License or permit shall be guilty of a 
violation of this Ordinance.
    (5) No Person under the age of twenty-one (21) shall consume, 
acquire or have in his/her possession any Liquor. Any Person violating 
this section in a Public Place shall be guilty of a separate violation 
of this Ordinance for each and every drink so consumed, acquired, or 
possessed.
    (6) Any Person who, in a Public Place, shall sell or provide any 
Liquor to any Person under the age of twenty-one (21) shall be guilty 
of a violation of this Ordinance for each such sale or drink provided.
    (7) 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 a violation of this Ordinance, provided that 
corroborative testimony of a witness other than the minor shall be a 
requirement of a finding of a violation of this Ordinance.
    (8) Any Person who attempts to purchase Liquor through the use of a 
false or altered identification shall be guilty of a violation of this 
Ordinance.
    (9) Possession of Alcohol that has been brought by a Patron into a 
Public Place shall result in ejection of a Patron from the Public 
Place.
    (10) Liquor that is possessed contrary to the terms of this 
Ordinance are declared to be contraband. Any tribal agent, employee or 
officer who is authorized by the Commission to enforce this Ordinance 
shall have the authority to, and shall, seize all contraband. Any 
officer seizing contraband shall preserve the contraband in accordance 
with applicable law of the Tribe or State law. Upon being found in 
violation of this Ordinance by the Tribal Gaming Commission, the Person 
shall forfeit all right, title, and interest in the items seized and 
they shall become the property of the Tribe.
    (H) Penalties for Violations of the Ordinance.
    Any Person guilty of a violation of this Ordinance shall be liable 
to pay the Tribal Gaming Commission a civil fine not to exceed $500 per 
violation. In assessing the amount of such civil fine, the Tribal 
Gaming Commission may consider the licensee's record of violations of 
this Ordinance involving the sale of Liquor, extenuating circumstances 
found upon the basis of credible evidence presented by the licensee at 
a hearing, and any adequacy found by the Tribal Gaming Commission of 
assurances of the licensee's future compliance with this Ordinance with 
respect of the sale of Liquor and otherwise. Any person found guilty of 
a violation of this Ordinance may be assessed any costs associated with 
the collection and enforcement of the civil fine, including court costs 
and attorneys fees.
Article 7. Sale of Liquor.
    (A) Licenses Required. No sale of Liquor shall be made on or within 
a Public Place without a Liquor License issued by the Tribal Gaming 
Commission pursuant to this Ordinance.
    (B) Sales for Cash. All Liquor sales at on Tribal Lands shall be on 
a cash only basis and no credit shall be extended to any Person, except 
that this provision does not prevent the payment for purchases with the 
use of cashiers or personal checks, payroll checks, debit cards or 
credit cards issued by any financial institution.
    (C) Sale for Personal Consumption. All sales shall be for the on-
premise personal use and consumption by the purchaser or members of the 
purchaser's household, including guests, who are over the age of 
twenty-one (21).
    (D) Resale of any Liquor purchased on Tribal Land. Any Person who 
is not licensed pursuant to this Ordinance who purchases Liquor on 
Tribal Lands and resells it, whether in the original container or not, 
shall be guilty of a violation of this Ordinance and shall be subjected 
to civil fines of up to five hundred dollars ($500.00) per sale, as 
determined by the Tribal Gaming Commission after notice and an 
opportunity to be heard.
Article 8. Licensing.
    (A) No Person subject to the jurisdiction of the Tribe shall sell, 
barter, deal in or give away any Liquor on Tribal Lands unless duly 
licensed to do so by the Tribal Gaming Commission pursuant to this 
Ordinance.
    (B) Any Person desiring to sell Liquor on Tribal Lands shall before 
doing so apply to the Tribal Gaming Commission for a License to sell 
Liquor. Such application shall be made on forms prescribed by the 
Tribal Gaming Commission or, if no such forms have at the time of such 
application yet been prescribed, by letter providing all of the 
information required in respect of such application under Article 8(d) 
of this Ordinance, submitted together with payment of the non-
refundable application fee. Such fee shall be in an amount to be 
prescribed by the Tribal Gaming Commission by rule.
    (C) State Licensing. No Person shall be allowed or permitted to 
sell Liquor on Tribal Lands unless such Person is also duly licensed to 
sell and possess Liquor under the applicable laws of the State of 
Oklahoma.
    (D) Application. Any Person applying for a License to sell Liquor 
on Tribal Lands shall complete and submit an application provided for 
this purpose by the Tribal Gaming Commission and pay such application 
fee as under this Ordinance may be set from time-to-time by the Tribal 
Gaming Commission for this purpose. An incomplete application will not 
be considered. License fees submitted pursuant to this Ordinance shall 
neither be refundable nor pro-ratable. Such application shall at a 
minimum require the following:
    (1) Satisfactory proof that the applicant is duly licensed by the 
State to sell Liquor;
    (2) Satisfactory completion of a background investigation, 
including, but not limited to, a determination that the applicant is of 
good character and reputation and that the applicant is financially 
responsible;
    (3) The description and location of the Public Place in which the 
Liquor is to be sold and proof that the applicant is entitled to use 
such premises for such purposes for the duration of the time period of 
the License;
    (4) Agreement by the applicant to accept and abide by all 
conditions of the License, including consent to the jurisdiction and 
regulatory authority of the Tribe;
    (5) Payment of a fee established by the Commission; and
    (6) Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any principal owner, officer,

[[Page 23293]]

shareholder, or director of the applicant, has ever been convicted of a 
felony or a crime of moral turpitude as defined by the laws of the 
State.
    (E) Kinds of Licenses-Fees. The Licenses issued by the Tribal 
Gaming Commission and the biannual fees therefore shall be as follows:
    (1) On-Premise Retail License--$2000.00. For retail on-premise sale 
of Liquor for on-premise consumption.
    (2) Caterer License--$2000.00. For sale of Liquor for on-premise 
consumption at catered events.
    (3) Annual Special Event License--$100.00. For sale of Liquor for 
on-premise consumption at a special event.
    (4) Hotel/Club Beverage License--$2000.00 For sale of Liquor for 
on-premise consumption on hotel or club premises. Each License granted 
shall be valid for two (2) years from the date of issuance plus or 
minus any such period of less than one year as may be necessary to 
conform to a date for the renewal of all Licenses issued pursuant to 
this Ordinance, as established from time to time by rule of the Tribal 
Gaming Commission. Pursuant to the authority granted to the Tribal 
Gaming Commission under this Ordinance, the Tribal Gaming Commission 
may revise these License types and fees as appropriate from time to 
time at their discretion. The Tribal Gaming Commission may also assess 
an administrative fee for processing each License application, which 
shall be in addition to the License fee.
    (F) Issuance of License. The Tribal Gaming Commission may issue a 
License if it believes that:
    (1) the issuance of such a License would be in the best interest of 
the Tribe; and
    (2) the applicant is competent, eligible for a License under this 
Ordinance, and has demonstrated a substantial working understanding of 
this Ordinance and any other relevant State, Federal or Tribal laws 
applicable to the applicant's sale of Liquor on Tribal Lands. Licensure 
under this Ordinance is a privilege, not a right, and the decision to 
issue any License rests in the sole discretion of the Tribal Gaming 
Commission. No member of the Tribal Gaming Commission shall be a part 
of the decision making process of an application submitted by a Tribal 
Gaming Commission member or any Person in the immediate family of a 
Tribal Gaming Commission member.
    (G) Conditions of License.
    (1) Any License issued under this Ordinance shall be subject to 
such reasonable conditions as the Tribal Gaming Commission shall fix, 
including, but not limited to, the following:
    (a) Term of License. Each License shall be for a term of two years 
from the date of issuance plus or minus any such period of less than 
one year as may be necessary to conform to a date for the renewal of 
all Licenses issued pursuant to this Ordinance, as established from 
time to time by rule of the Tribal Gaming Commission.
    (b) Temporary License. The Tribal Gaming Commission may grant a 
temporary permit for the sale of Liquor for a period not to exceed 
three days to any Persons applying for the same in connection with a 
tribal or community activity provided that the application requirements 
under this Ordinance have been satisfied. Each temporary permit issued 
shall specify the type of Liquor to be sold, the time, date and 
location permitted. A separate fee, set by the Tribal Gaming 
Commission, will be assessed for temporary permits.
    (c) Renewal of License. A licensee may renew its License(s) for 
successive periods of no more than 24 calendar months if it has 
complied in full with this Ordinance and has maintained all other 
licenses required by applicable law, provided however, the Tribal 
Gaming Commission may refuse to renew a License if it finds that doing 
so would not be in the best interests of the Tribe or the health and 
safety of Patrons. This subparagraph (c) shall not apply to Temporary 
Licenses issued under subparagraph (b) which shall not be subject to 
renewal.
    (d) Liquor shall be sold, served, disposed of, delivered, or given 
to any Person and consumed on the licensed premises in conformity with 
the hours and days prescribed by the laws of the State of Oklahoma and 
in accordance with the hours fixed by the Tribal Gaming Commission.
    (e) All acts and transactions under authority of a License shall be 
in conformity with State and Federal law, and shall be in accordance 
with this Ordinance and any License issued pursuant to this Ordinance.
    (H) Transferability of Licenses. Unless authorized in writing by 
the Tribal Gaming Commission, a License issued by the Tribal Gaming 
Commission shall not be transferable Person to Person or place to place 
and may only be utilized by the Person in whose name it was issued.
Article 9. Licensee Prohibitions.
    (A) No licensee shall sell Liquor for consumption off the licensed 
premises.
    (B) No Person under the age of twenty-one (21) shall be sold, 
served, delivered, given, or allowed to consume Liquor on a licensed 
premises.
    (1) In any alleged violation arising out of sale of Liquor to a 
Person under the age of twenty one years, it shall be an affirmative 
defense that the licensee reasonably relied upon an apparently valid 
form of identification specified in Article 9(b).
    (2) Whenever it reasonably appears to a licensee's employee duly 
dispensing Liquor pursuant to this Ordinance that a Person seeking to 
purchase Liquor is under the age of (27) years, the prospective 
purchaser shall not be served unless such Person exhibits at the time 
and place of sale, apparently and facially valid forms of the following 
documentary forms of identification which shows his/her correct age and 
bears his/her signature and photograph:
    (a) Driver's license of any state or identification card issued by 
any State Department of Motor Vehicles;
    (b) United States Active Duty Military identification card;
    (c) United States Passport; or
    (d) A foreign passport accompanied by an entrance visa issued by 
the United States Department of State.
    (C) No licensee shall allow Liquor to be served by a barkeeper, 
wait staff or other Person employed by or working in a licensed 
premises who is under the age of twenty-one (21).
    (D) No Liquor shall be sold at any form of a discounted price such 
as (as non-limiting examples) two for one during certain times, half 
price during certain times, or consumption promoted by free food or by 
other complimentary goods or services provided in the vicinity of an in 
conjunction with the sale of Liquor.
    (E) No Liquor shall be given away.
    (F) No Person licensed to sell Liquor shall permit any gambling to 
occur on the licensed premises other than gambling permitted by the 
Gaming Ordinance of the Tribe at a Gaming Facility and pursuant to 
appropriate licenses granted therefore.
    (G) No licensee shall serve Liquor to any Patron or other Person 
who is visibly intoxicated or to any employee of the licensee. All 
licensees shall be privileged to refuse to serve Liquor to any Patron.
Article 10. Taxes and Collection of Fees; Records.
    (A) The Tribe hereby levies a tax of 3% (three percent) on each 
retail sale of Liquor on Tribal Lands. The Tribe reserves the right to 
adjust such tax from time to time by resolution as may be required and 
will provide written notice to the Tribal Gaming Commission of any 
changes in the amount of such retail tax.

[[Page 23294]]

The tax imposed by this section shall apply to all retail sales of 
Liquor on Tribal Lands. Such tax shall be in addition to any required 
Oklahoma State Alcohol tax on retail sales occurring on Tribal Lands.
    (B) Payment of Retail Liquor Tax to the Tribe. All tax from the 
retail sale of Liquor on Tribal Lands under this Ordinance shall be 
collected by licensees and paid to the Ponca Tribal Tax Commission.
    (C) Taxes Due; Returns. All fees upon the retail sale of Liquor 
shall be due and payable by licensees to the Ponca Tribal Tax 
Commission on the first day of the month following the end of each 
calendar quarter during the term of the License. Past due taxes shall 
accrue interest at two percent (2%) per month or fraction thereof, 
which interest shall be deemed to be an addition to the tax. With each 
payment of the tax, the licensee shall submit on forms prescribed by 
the Ponca Tribal Tax Commission, a return duly completed and certified 
as accurate.
    (D) Licensee's Duty to Keep Records; Tribal Gaming Commission's 
Prerogative to Audit Records.
    (1) Each licensee shall keep reasonable written records of its 
purchase of Liquor at wholesale, its sale of Liquor at retail and its 
payment of taxes imposed under this Ordinance. Such records shall 
conform to generally accepted accounting principles and to any 
regulations from time to time duly promulgated by the Tribal Gaming 
Commission, pursuant to this Ordinance.
    (2) Such records shall in any event include complete files of 
records of original entry, journals upon which all relevant 
transactions are recorded, and bank statements reflecting all purchases 
and sales of Liquor.
    (3) By the act of applying for a License to sell Liquor under this 
Ordinance, the applicant shall by operation of law be deemed to have 
irrevocably agreed to submit to the Tribal Gaming Commission and Ponca 
Tribal Tax Commission for review or audit the licensee's books and 
records relating to the sale of Liquor. Said review or audit may be 
done periodically by the Tribal Gaming Commission or Ponca Tribal Tax 
Commission--through its agents or employees whenever in the discretion 
of the Tribal Gaming Commission or Ponca Tribal Tax Commission such a 
review or audit is necessary or otherwise appropriate to verify the 
accuracy of reports.
    (4) The Tribal Business Committee and the Ponca Tribal Tax 
Commission shall have access to all written records required to be 
maintained by Licensees under this Ordinance.
    (E) Disposition of Funds Collected by the Tribal Gaming Commission 
in respect of the Licensing and Sale of Liquor.
    (1) The gross proceeds collected by the Tribal Gaming Commission 
from the issuance of Licenses for the sale of Liquor and from 
proceedings involving violations of this Ordinance shall be distributed 
to the Tribal Gaming Commission for the payment of all necessary 
personnel, administrative costs, and legal fees incurred in the 
enforcement of this Ordinance, including, but not limited to, 
reasonable reserves in aggregate amounts of up to the full amount of 
the annual budget of the Tribal Gaming Commission plus $300,000. and 
any surplus over such amounts and reserve--shall as received be 
promptly paid over to the Ponca Tribal Tax Commission for use for the 
purposes of the Tribe.
    (2) The Tribal Gaming Commission shall provide an annual report to 
the Tribal Business Committee setting forth an accounting of the funds 
received and expended under this Ordinance.
Article 11. Abatement.
    (A) Any Public 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, is hereby declared to be a public nuisance.
    (B) The Tribal Gaming Commission by its representative duly 
authorized by resolution by the Tribal Gaming Commission shall have 
standing, power and authority to institute and prosecute in an action 
in the Tribal Court or at the election of the Tribal Gaming Commission 
and subject to the jurisdictional rules that may apply, in the Federal 
District Court for the Western District of Oklahoma, a civil action to 
abate and enjoin any nuisance declared by the Tribal Gaming Commission 
under this Ordinance.
    (1) Upon establishment that probable cause exists to find that a 
nuisance exists, the court may grant restraining orders, temporary 
injunctions, and permanent injunctions in the case as in other 
injunction proceedings. Upon final judgment against the defendant, the 
court may also order the room, structure, or place closed for a period 
of one year or (if a lesser period is warranted) until the owner, 
lessee, tenant, or occupant thereof shall give bond of sufficient sum 
but not less than ten thousand dollars $10,000, payable to the Tribal 
Gaming Commission,
    (a) The bond must be, in form acceptable to the Tribal Gaming 
Commission, and
    (b) conditioned that Liquor will not be thereafter manufactured, 
kept, sold, bartered, exchanged, given away, furnished, or otherwise 
disposed of thereof in violation of the provision of this Ordinance, 
and that the defendant will pay all fines, costs and damages assessed 
against him/her for any violation of this Ordinance.
    (2) The Commission will return the bond to the owners, lessee, 
tenant, or occupant one year after submission of such bond to the 
Tribal Gaming Commission if the Commission has determined that there 
have been no further violations of the Ordinance within such period by 
the defendant.
    (3) If any conditions of the bond are violated, the whole amount 
may be forfeit and available for the use of Tribal Gaming Commission.
    (4) In all cases where any Person has been found responsible for a 
violation of this Ordinance relating to manufacture, importation, 
transportation, possession, distribution, and sale of Liquor:
    (a) An action may be brought to abate as a public nuisance the use 
of any real estate or other property involved in the violation of this 
Ordinance; and
    (b) Proof of 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 12. Severability.
    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. Any and all 
prior tribal laws, resolutions or statutes of the Ponca Tribe of 
Indians of Oklahoma which are inconsistent with the provisions of this 
Ordinance are hereby rescinded and repealed to the extent inconsistent 
with this Ordinance.
Article 13. Application of 18 U.S.C. 1161.
    Federal law requires that any authorization for the sale of Liquor 
must be in conformity with the laws of the State and approved by an 
ordinance duly adopted by the tribe having jurisdiction over such area 
of Indian country.
    All acts and transactions under this Ordinance shall be in 
conformity with Federal law and the laws of the State of Oklahoma as 
applicable.

[[Page 23295]]

Article 14. Effective Date.
    This Ordinance shall be effective after the Secretary of the 
Interior certifies the Ordinance and on the date it is published in the 
Federal Register.
Article 15. Sovereign Immunity.
    Nothing contained in this Ordinance is intended to, nor does it in 
any way, limits, alters, restricts, or waives the sovereign immunity of 
the Tribe or its agencies and instrumentalities from unconsented suit 
or action of any kind.
Article 16. Duration.
    This Ordinance shall be perpetual until repealed or amended by the 
Ponca Tribe of Indians of Oklahoma.
Article 17. Limitations.
    Notwithstanding anything contained herein to the contrary, until 
this Ordinance is further amended as provided in Article 16, no sale of 
Liquor shall be permitted on Tribal Lands other than at a Gaming 
Facility.

[FR Doc. 2010-10251 Filed 4-30-10; 8:45 am]
BILLING CODE 4310-4J-P