[Federal Register Volume 82, Number 38 (Tuesday, February 28, 2017)]
[Notices]
[Pages 12116-12119]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03839]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/AAAA003010/A0T602020.999900]


Three Affiliated Tribes; Amendments to Alcoholic Beverages 
Control Law

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an amendment to the Three Affiliated 
Tribes' Alcoholic Beverages Control Law (Law). The amended Law 
supersedes the existing Three Affiliated Tribes Alcoholic Beverages 
Control Law, first enacted by the Three Affiliated Tribes in 1986, with 
an amendment last published in the Federal Register on March 12, 2007 
(72 FR 11049).

DATES: This Law shall become effective March 30, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Todd Gravelle, Supervisory Tribal 
Operations Specialist, Great Plains Regional Office, Bureau of Indian 
Affairs, 115 Fourth Avenue South East, Suite 400, Aberdeen, South 
Dakota 57401 Telephone: (605) 226-7376, Fax: (605) 226-7379.

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 control laws for the purpose of regulating liquor 
transactions in Indian country. The Three Affiliated Tribes' Business 
Council first adopted the Alcoholic Beverages Control Law, published in 
the Federal Register, on February 6, 1987, (52 FR 3869-02). The Three 
Affiliated Tribes' Business Council duly adopted an amendment to 
Chapter II, Section 5 of the Law that was published in the Federal 
Register on March 12, 2007 (72 FR 11049). This Federal Register Notice 
comprehensively amends and supersedes the existing Alcoholic Beverages 
Control Law, enacted by the Three Affiliated Tribes' Business Council 
on November 22, 2016. By the delegated authority contained in 3 IAM 
4.4, the Great Plains Regional Director, Bureau of Indian Affairs, 
approved the amendment to the Alcoholic Beverage Control Ordinance on 
January 4, 2017. 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 Three Affiliated Tribes' 
Business Council, duly adopted these amendments to the Alcoholic 
Beverages Control Law on November 22, 2016.

    Dated: February 10, 2017.
Michael S. Black,
Acting Assistant Secretary-Indian Affairs.

    The Three Affiliated Tribes' Alcoholic Beverages Control Law, as 
amended, shall read as follows:

Three Affiliated Tribes Alcoholic Beverages Control Law

Chapter I. General Provisions

Section 1. Definitions

    In this Ordinance, (1) ``Alcohol'' shall mean neutral spirits 
distilled at or above 190[deg] proof, whether or not such product is 
subsequently reduced, for nonindustrial use.
    (2) ``Alcoholic beverages'' shall mean any liquid suitable for 
drinking by human beings, which contains one-half of one percent or 
more of alcohol by volume.
    (3) ``Beer'' shall mean any malt beverage containing more than one-
half of one percent of alcohol by volume.
    (4) ``Distilled spirits'' shall mean any alcoholic beverage that is 
not beer, wine, sparkling wine or alcohol.
    (5) ``Licensed premises'' means the premises on which beer, liquor, 
or alcoholic beverages are normally sold or dispensed and shall be 
delineated by

[[Page 12117]]

diagram or blueprint which shall be included with the license 
application or the license renewal application.
    (6) ``Liquor'' shall mean any alcoholic beverage except beer.
    (7) ``On-Sale'' shall mean the sale of any alcoholic beverage for 
consumption only upon the premises where sold.
    (8) ``Off-Sale'' shall mean the sale of any alcoholic beverage for 
consumption off the premises where sold.
    (9) ``Sale'' shall mean the transfer of bottled or canned alcoholic 
beverage for currency exchange of title to such alcoholic beverages.
    (10) ``Sparkling wine'' shall mean wine made effervescent with 
carbon dioxide.
    (11) ``Transport'' shall mean the introduction of alcoholic 
beverages onto the Fort Berthold Reservation by any means of conveyance 
for the purpose of sale, or distribution, to any licensed retailer.
    (12) ``Tribal Council'' shall mean the governing body of the Three 
Affiliated Tribes.
    (13) ``Wine'' shall mean the alcoholic beverage obtained by 
fermentation of agricultural products containing natural or added sugar 
or such beverage fortified with brandy and containing not more than 
twenty-four percent alcohol by volume.
    (14) The terms, ``the provisions of this Ordinance'' as provided in 
this Ordinance, or similar terms, shall include all rules and 
regulations established by the Tribal Legal Department, and approved by 
Council, to aid in the administration or enforcement of this Ordinance.

Section 2. Public Policy Declared

    This Ordinance shall be cited as the ``Three Affiliated Tribes 
Alcoholic Beverages Control Law'' and, pursuant to the constitutional 
and inherent sovereignty of the Three Affiliated Tribes, along with the 
authority delegated to the Tribe by the Congress of the United States 
to regulate the manufacture, distribution, sale, possession and 
consumption of alcoholic beverages within the territory of the Tribe, 
shall be exercised for the purpose of protecting the welfare, health, 
peace, morals and safety of all people residing on the Fort Berthold 
Reservation. All the provisions of this Ordinance shall be liberally 
construed to accomplish the above declared purpose. It is the Three 
Affiliated Tribes' declared intent in enacting this Ordinance to 
prohibit all traffic in alcoholic beverages on the Fort Berthold Indian 
Reservation except to the extent allowed and permitted under the 
express terms of this Ordinance.

Section 3. Exceptions

    Nothing contained in this title shall be construed to apply to the 
following articles, when they are unfit for beverages purposes:
    (1) Denatured alcohol produced and used pursuant to acts of 
Congress, and the regulations thereunder;
    (2) Patent, propriety, medical, pharmaceutical, antiseptic, and 
toilet preparations;
    (3) Flavoring extracts, syrups, and food products; nor to the 
manufacture or sale of said articles containing alcohol. This title 
shall not apply to wines delivered to priests, rabbis, and ministers 
for sacramental use.

Section 4. General Prohibition

    It shall be unlawful to manufacture for sale, sell, offer, or keep 
for sale, or transport alcoholic beverages on the Fort Berthold 
Reservation except upon the terms, conditions, limitations, and 
restrictions specified in this Ordinance.

Chapter II. Retail Licensing

Section 1. Tribal Retail License Required

    No person shall engage in the sale of alcoholic beverages at retail 
without first securing an appropriate license from the Three Affiliated 
Tribes as provided herein.

Section 2. Qualifications for Retail License

    No retail license shall be issued to any person unless the 
applicant shall file a sworn application, accompanied by the required 
fee, showing the following qualifications:
    (1) The applicant, other than corporate, must be a legal resident 
of the United States and a resident of the Fort Berthold Indian 
Reservation and be a person of good moral character.
    (2) If the applicant is a corporation then the manager of the 
licensed premises and its officers, directors and stockholders must be 
legal residents of the United States and persons of good moral 
character. Corporate applicants must also be properly registered with 
the Three Affiliated Tribes as entitled to do business on the Fort 
Berthold Reservation.
    (3) The applicant or manager must not have been convicted of an 
offense determined by the Three Affiliated Tribes to have a direct 
bearing upon an applicant's or manager's ability to serve the 
reservation public as a licensed alcoholic beverage retailer.
    (4) The Three Affiliated Tribes may also require the applicant to 
set forth such other information in this application as is necessary to 
enable them to determine if a license should be granted.

Section 3. License Fees

    The fee for an annual on and off sale liquor license shall be set 
by tribal resolution at not less than two hundred dollars nor more than 
two thousand and one hundred dollars. The fee for an annual on and off 
sale beer license shall be set by tribal resolution at not less than 
fifty dollars nor more than six hundred dollars.

Section 4. Special Permit Authorized

    The Three Affiliated Tribes may by special permit authorize an on 
sale, off sale, or on or off sale alcoholic beverage licensee to engage 
in the sale of alcoholic beverages at special events on licensed 
premises as may be designated by the permit. A fee for the special 
permit may be set by tribal resolution at not more than twenty-five 
dollars. The permit shall not be valid for a period greater than three 
consecutive days.

Section 5: Dispensing Prohibited on Certain Days

    A person may not dispense or permit the consumption of alcoholic 
beverages on a licensed premises between the hours of two a.m. and 
twelve noon on Sundays, between the hours of two a.m. and eight a.m. on 
all other days of the week, or on Christmas Day or after six p.m. on 
Christmas Eve. In addition a person may not provide off-sale after one 
a.m. on Thanksgiving Day.

Section 6. Prohibitions as to Persons Under Twenty-One Years of Age

    No licensee shall dispense alcoholic beverages to a person under 
twenty-one years of age or permit such person to remain on the licensed 
premises while alcoholic beverages are being sold or displayed. Any 
person under twenty-one years of age may remain in a restaurant where 
alcoholic beverages are being sold if the restaurant is separated from 
the room in which alcoholic beverages are opened or mixed, if gross 
sales of food are at least equal to gross sales of alcoholic beverages 
which are consumed in the dining area or if (1) employed by the 
restaurant as a food waiter, food waitress, busboy, or busgirl under 
the direct supervision of a person twenty-one or more years of age, and 
not engaged in the sale, dispensing, delivery, or consumption of 
alcoholic beverages, or (2) if the person is a law enforcement officer 
entering the premises in the performance of official duty. Any premises 
where alcoholic beverages are sold may employ persons from eighteen to 
twenty-one years of age to work in the capacity of musicians

[[Page 12118]]

under the direct supervision of a person over twenty-one years of age.

Chapter III. Wholesale Licensing

Section 1. Tribal Wholesale License

    No person shall engage in the sale of alcoholic beverages at 
wholesale without first securing an appropriate license from the Three 
Affiliated Tribes as provided herein. Such a license shall allow sale 
only to licensed retailers.

Section 2. Qualifications for Wholesale License

    No such license shall be issued unless the applicant shall file a 
sworn application, accompanied by the required fee, showing the 
following qualifications:
    (1) Applicant other than corporate must be a legal resident of the 
United States and a person of good moral character. If the applicant is 
a corporation, the manager of the licensed premises must be a citizen 
of the United States and a person of good moral character, and the 
officers, directors and stockholders must be legal residents of the 
United States and persons of good moral character. Corporate applicants 
must also be registered with the Three Affiliated Tribes as entitled to 
do business on the Fort Berthold Reservation.
    (2) The Tribal Business Council may require the applicant to set 
forth such other information as is necessary to enable it to determine 
if a license should be granted.

Section 3. License Fees

    The fee for an annual wholesale license shall be set by tribal 
resolution at not less than two hundred dollars nor more than one 
thousand and one hundred dollars.

Chapter IV. Transport Licensing

Section 1. Tribal Transport License Required

    No person shall engage in the transport for sale, or distribution 
of alcoholic beverages on the Fort Berthold Reservation without first 
securing an appropriate license from the Three Affiliated Tribes as 
provided herein. Such a license shall allow the delivery, or 
distribution, of alcoholic beverages only to licensed retailers.

Section 2. Qualifications for License

    No such license shall be issued unless the applicant shall file a 
sworn application, accompanied by the required fee showing the 
following qualifications:
    (1) An Applicant other than corperate must be a legal resident of 
the United States and a person of good moral character. If the 
applicant is a corporation, the manager of the licensed premises must 
be a citizen of the United States and a person of good moral character, 
and the officers, directors and stockholders must be legal residents of 
the United States and persons of good moral character. Corporate 
applicants must also be registered with the Three Affiliated Tribes as 
entitled to do business on the Fort Berthold Reservation.
    (2) The Tribal Council may require the applicant to set forth such 
other information as is necessary to enable it to determine if a 
license should be granted.

Section 3. License Fees

    The fee for an annual transport license shall be set by tribal 
resolution at not less than two hundred dollars and no more than one 
thousand and one hundred dollars.

Chapter V. Taxation

Section 1. Tax on Retail Sales of Alcoholic Beverages

    (1) There is hereby imposed a tax of seven percent (7%) on the 
gross receipts of all sales at retail of alcoholic beverages within the 
exterior boundaries of the Fort Berthold Reservation.
    (2) Licensed alcoholic beverage retailers shall be liable for the 
collection and remittance of the tax on the retail sale price of 
alcoholic beverages. Licensed alcoholic beverage retailers shall keep 
accurate records of all sales of alcoholic beverages and shall file 
monthly returns with the Three Affiliated Tribes' Tax Commission, on 
such forms as the Tax Commission may require, showing the quantity and 
the price of alcoholic beverages sold at retail, along with the amount 
of the tax due and other information which the department may 
reasonably require. Said monthly return shall be transmitted to the Tax 
Commission no later than 30 days after the month covered by the return. 
The tax due for that month shall be remitted together with the monthly 
return.
    (3) Licensed alcoholic beverage retailers shall keep, in current 
and available form on the licensed premises, records of all purchases, 
sales, and quantities on hand and such other information as the Tax 
Commission may reasonably require. The Tax Commission may require from 
any licensee any reports he shall prescribe, and he may require the 
production of any book, record, document, invoice, and voucher kept, 
maintained, received, or issued by any such licensee in connection with 
his business, which in the judgment of the Tax Commission may be 
necessary to administer and discharge his duties, to secure the maximum 
of revenue to be paid, and to carry out the provisions of law. If 
default is made, or if any such licensee fails or refuses to furnish 
any other reports or information referred to upon request therefor, the 
Tax Commission may enter the premises of such licensee where the 
records are kept and make such examination as is necessary to compile 
the required report. The cost of such examination shall be paid by the 
licensee whose reports are in default.

Section 2. Reports Required on Shipments of Beverages Into Reservation

    Any person who transports, sells or ships alcoholic beverages for 
sale or distribution within this Reservation shall forward to the Tax 
Commission such a report as the Tax Commission shall require, giving 
the name and address of the licensee or person making the purchase, the 
quantity and kind of alcoholic beverages sold, the manner of delivery 
and such other information as the Tax Commission requires.

Section 3. Administration and Enforcement

    The provisions of the Tribal Tax Code of the Three Affiliated 
Tribes pertaining to all aspects of the administration and enforcement 
of Tribal taxes shall govern the administration and enforcement of the 
tax on retail sales of alcoholic beverages imposed herein.

Chapter VI. Penalties Imposed for Violations of Ordinance

Section 1. General Penalties.

    Anyone violating this ordinance shall be subject to civil penalties 
and/or suspension or revocation of their tribal license according to a 
schedule of penalties established by the Tribal Legal Department and 
approved for publication by the Tribal Business Council.

Section 2. Hearing on Alleged Violations

    Anyone having information that a person has violated any provisions 
of this ordinance may file with the Tribal Legal Department an 
affidavit specifically setting forth such violation. Upon receipt of 
such affidavit, the Legal Department shall set the matter for hearing 
not later than the next regular meeting of the Tribal Council. A copy 
of the affidavit and notice of hearing shall be mailed to the affected 
person by registered mail not less than five days before such hearing. 
A record of such

[[Page 12119]]

hearings will be made by stenographic notes or by the use of an 
electronic recording device. The person shall have the right to be 
represented by counsel, question witnesses and examine the evidence 
against him as well to present evidence and witnesses in his own 
defense.

Section 3. Suspension or Revocation of License

    If after such hearing the Tribal Council finds the violation set 
forth in the affidavit has been proved by the evidence, an order shall 
be served on the licensee revoking or suspending his license for a 
period of time and imposing such other civil penalties as are 
consistent with a policy established by the Tribal Legal Department and 
approved by the Tribal Business Council. Such action may be appealed to 
the Tribal Court which shall have jurisdiction to either vacate, remand 
or modify the Tribal Council's action, except that the order revoking 
or suspending the license, or imposing other penalties shall be 
effective while the appeal is pending.

Section 4. Other Penalties

    The Tribal Business Council may impose such other civil penalties, 
according to a policy established by the Tribal Legal Department and 
approved by the Tribal Business Council, for any violation of this 
Ordinance including the failure to apply for or to possess the 
appropriate tribal license. Such tribal action imposing such penalties 
on any person may be appealed to Tribal Court, which shall have 
jurisdiction to either vacate, remand or modify the Tribal Council's 
action except that the imposition of the penalties shall be effective 
while the appeal is pending.

Section 5. Powers of Tribal Chairman

    The Tribal Chairman, or his designee, at a hearing under this 
Ordinance shall have the power to administer oaths and subpoena and 
examine witnesses.

Section 6. Effect of Findings on Tribal Court

    The Tribal Court, in any matter heard on appeal under this 
ordinance, shall give substantial weight to the findings of fact made 
by the Tribal Business Council.

Section 6. Sovereign Immunity

    The jurisdiction of the Tribal Council and Tribal Court under this 
Chapter shall be exclusive. Except as authorized in this Chapter with 
respect to the Tribal Court's jurisdiction to hear appeals under 
sections 3 and 4, nothing in this Ordinance shall be construed to waive 
the Tribe's sovereign immunity from suit.

Chapter VII. Miscellaneous Provisions

Section 1. Agreement by Licensee To Grant Access for Inspection 
Purposes

    Every licensee under this Ordinance, as a condition of the grant of 
a tribal license, consents to the inspection of his premises, including 
all buildings, safes, cabinets, lockers and storerooms thereon. Such 
inspection shall be available upon the demand of the Tribal Tax 
Commission. These inspections shall be conducted by a duly appointed 
designee of the Tribal Tax Commission, or tribal or federal police. All 
books and records dealing with the sale or ownership of alcoholic 
beverages shall be open for inspection purposes by the duly authorized 
tribal authorities.

Section 2. Recovery of Damages Resulting From Intoxication

    Every spouse, child, parent, guardian, employer, or other person 
who is injured by any intoxicated person, or in consequence of 
intoxication, shall have a right of action in Tribal Court against any 
person who caused such intoxication by disposing, selling, bartering, 
or giving away alcoholic beverages for all damages sustained and in the 
event death ensues the survivors of the decedent may prosecute such an 
action in their own name.

Section 3. Surety Bond Required

    (1) Every application for a license under this Ordinance, unless 
exempted by the Tribal Business Council, must be accompanied by a bond, 
which shall become operative and effective upon the issuance of a 
license unless the licensee already has a continuing bond in force. The 
bond shall be in the amount of $10,000.00 and must be in a form 
approved by the Tribal Business Council and it shall be conditioned 
that the licensee will faithfully obey and abide by all the provisions 
of this Ordinance and all existing laws relating to the conduct of its 
business and will promptly pay to the Three Affiliated Tribes when due 
all license fees payable by him under the provisions of this Ordinance 
and also any costs and penalties assessed against him in any 
determination that he violated the terms of this Ordinance.
    (2) All bonds required by this Ordinance shall be with a corporate 
surety as surety, or shall be by cash deposit. If said bond is placed 
by cash, it shall be kept in a separate escrow account with a bank.

Section 4. Severability

    If any section of this Ordinance, or any part thereof, is held to 
be invalid or inapplicable for any cause whatsoever, the remainder of 
this Ordinance shall not be affected thereby and shall remain in full 
force and effect as though no part thereof had been declared invalid.

Section 5. Compliance With 18 U.S.C. 1161

    The Tribal Business Council finds that this Ordinance complies with 
the requirements of 18 U.S.C. 1161.

Section 6. All Prior Ordinances and Resolutions Repealed

    All prior ordinances and resolutions or provisions thereof that are 
inconsistent with any provisions of this ordinance are hereby repealed.

[FR Doc. 2017-03839 Filed 2-27-17; 8:45 am]
 BILLING CODE 4337-15-P