[Federal Register Volume 85, Number 23 (Tuesday, February 4, 2020)]
[Notices]
[Pages 6213-6220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01709]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[120 A2100DD/AAKC001030/A0A501010.999900]


Shoshone-Bannock Tribes of the Fort Hall Reservation Alcohol 
Beverage Control Ordinance; Repeal and Replace

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Shoshone-Bannock Tribes of the Fort 
Hall Reservation Alcohol Beverage Control Ordinance. The Ordinance 
certifies the Shoshone-Bannock Tribes of the Fort Hall Reservation's 
liquor licensing laws to regulate and control the possession, sale and 
consumption of liquor within the jurisdiction of the Shoshone-Bannock 
Tribes of the Fort Hall Reservation. The Ordinance repeals and replaces 
the previous alcohol beverage control ordinance.

DATES: The Ordinance takes effect March 5, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government 
Specialist, Northwest Regional Office,

[[Page 6214]]

Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232, 
telephone: (503) 231-6702; fax: (503) 231-2201.

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.
    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 Shoshone-Bannock Tribes of the Fort Hall 
Reservation adopted Ordinance LWOR-2019-S4 (Alcohol Beverage Control 
Ordinance) on October 8, 2019. The statute repeals and replaces the 
previous alcohol beverage control ordinance published in the Federal 
Register on April 10, 1984 (49 FR 14198).

    Dated: December 23, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

[Ordinance LWOR-2019-S4]

    Whereas, the Shoshone-Bannock Tribes (Tribes) through the Fort Hall 
Business Council (Council) is authorized to enact laws and ordinances 
for the benefit of the Tribes, and
    Whereas, the Council wishes to update and amend the Shoshone-
Bannock Tribes Alcohol Beverage Control Ordinance; now
    Therefore, be it enacted by the business council of the Shoshone-
Bannock Tribes; the attached Shoshone-Bannock Tribes' Alcohol Beverage 
Control Ordinance is hereby adopted and made effective as set forth in 
the Ordinance.
    Be it further enacted, Ordinances Nos. LWOR-84-S1 dated January 6, 
1984, LWOR-2013-S3 dated February 7, 2013, LWOR-2013-S6 dated May 7, 
2013, and LWOR-2019-S1 are hereby rescinded in their entirety upon this 
Ordinance becoming effective.
    Be it further enacted, this Ordinance is to be certified and 
published in Federal Register by the Bureau of Indian Affairs as 
provided in 18 U.S.C. 1161.
    Be it further enacted, Council requests the Bureau of Indian 
Affairs take any and all action required by law to make this Ordinance 
effective as soon as possible.
    Authority for the foregoing Ordinance includes but is not limited 
the Indian Reorganization Act of June 18, 1934 (48 Stat., 984) as 
amended and under Article VI, Section I of the Shoshone-Bannock Tribes 
Constitution and Bylaws of the Fort Hall Reservation.

    Dated this 08th day of October, 2019

Ladd R. Edmo,
Chairman, Fort Hall Business Council

Certification

    I hereby certify, that the foregoing resolution was passed while a 
quorum of the Business Council was present by a vote of 3 in favor, 1 
opposed (KC), 2 absent (NS, LJT), and 1 not voting (LRE) on the date 
this bears.

Donna K. Thompson,
Secretary, Fort Hall Business Council

Shoshone-Bannock Tribes Alcohol Beverage Control Ordinance

Section 1. General Provisions and Purposes

    A. Title. This Ordinance shall be known as the ``Shoshone-Bannock 
Tribal Alcohol Beverage Control Ordinance.''
    B. Effective Date. This Ordinance shall be effective thirty (30) 
days after publication in the Federal Register and certification by the 
Secretary of the Interior.
    C. Declaration of Public Policy and Purpose. The introduction, 
distribution, sale, possession, and consumption of alcohol beverages 
within ``Indian Country'' have historically been a matter of special 
concern to Indian tribes and the United States of America. The 
Shoshone-Bannock have deep-rooted feelings against liberal sale and 
consumption of alcohol beverages within the Fort Hall Reservation. The 
Tribes' concern is due to the detrimental impact which alcohol misuse 
and abuse has caused to vital Tribal interests. Despite these strong 
feelings, the Fort Hall Business Council of the Shoshone-Bannock Tribes 
realizes that a total ban on alcohol beverages within the Reservation 
is ineffective and unrealistic in view of changing times and 
circumstances. Nevertheless, the Business Council recognizes a need for 
strict regulation and control over all transactions involving alcohol 
beverages within the Reservation because of many potential problems 
associated with unregulated and inadequately regulated distribution, 
sale, possession, and consumption of alcohol beverages. The Business 
Council believes that Tribal control is necessary to protect the 
health, safety, and welfare of Tribal members and other persons 
residing on the Reservation, and to address specific Tribal concerns 
relating to alcohol use on the Reservation. The Business Council also 
believes that enactment of a Tribal ordinance governing alcohol 
beverages on the Reservation will help provide revenue for the 
continued operation of Tribal government and the delivery of vital 
Tribal social services. Therefore, this Ordinance is enacted for the 
protection of the health, safety, welfare, morals, and peace of the 
people residing on the Fort Hall Reservation, and all its provisions 
shall be liberally construed for the accomplishment of that purpose. It 
is hereby declared to be the public policy that all trafficking of 
alcohol beverages is prohibited, except as expressly authorized in this 
Ordinance.
    D. Jurisdictional Statement. To the extent required by federal law, 
all persons, businesses, lands, transactions, and activities occurring 
within the exterior boundaries of the Fort Hall Reservation shall be 
subject to the provisions of this Ordinance and shall, as required by 
18 U.S.C. 1161 comply with the alcohol, beer, and wine licensing laws 
of the State of Idaho.
    E. Rescission of Prior Inconsistent Enactments. All prior 
enactments of the Fort Hall Business Council of the Shoshone-Bannock 
Tribes that are inconsistent with or contrary to provisions of this 
Ordinance are hereby rescinded, and in case of any conflict, then the 
provisions of this Ordinance will control.

Section 2. Definitions

    A. Terms Defined. As used in this Ordinance the following words 
shall have the following meanings unless the context clearly indicates 
otherwise:
    (1) ``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 
such substances.
    (2) ``Alcohol Beverage'' as used in this ordinance, includes 
alcohol, spirits, liquor, wine, beer, and every liquid or solid 
containing alcohol, spirits, wine, or beer, and which contains one-half 
of 1 percent or more of alcohol by volume and which is fit for beverage 
purposes either alone or when diluted, mixed, or combined with other 
substances.
    (3) ``Application'' shall mean a formal written request for the 
issuance of a license supported by a verified statement of facts.
    (4) ``Beer'' means any beverage obtained by the alcohol 
fermentation of an infusion or decoction of barley, malt, hops, and/or 
other ingredients in drinking water, containing not more than nine 
percent (9.0%) of alcohol by volume.

[[Page 6215]]

    (5) ``Commission'' means the ``Shoshone-Bannock Tribal Alcohol 
Beverage Control Commission'' as constituted in this Ordinance.
    (6) ``Council'' or ``Business Council'' means the Fort Hall 
Business Council of the Shoshone-Bannock Tribes.
    (7) ``Election Days'' means the general, primary, and special 
elections as defined in the Tribal Election Code.
    (8) ``Indian'' means a person who is either enrolled in a federally 
recognized Indian tribe, or who possesses one-fourth (1/4) or more 
degree of Indian blood in a federally recognized tribe(s) and is 
identified in the community as being Indian.
    (9) ``Person'' means natural person and any entity including, but 
not limited to, a partnership, association, enterprise, company or 
corporation, or other association of natural persons.
    (10) ``Premises'' shall mean the area from which the licensee or 
permittee is authorized to sell, dispense, or serve alcohol beverages 
under provisions of the license or special permit.
    (11) ``Reservation'' means within the exterior boundaries of the 
Fort Hall Reservation.
    (12) ``Sale'' or ``Sell'' including exchange, barter, and traffic; 
and also include the selling, supplying or distributing, by any means 
whatsoever of spirits or alcohol beverage.
    (13) ``Special Event(s)'' as determined by the Shoshone-Bannock 
Tribal Alcohol Beverage Control Commission.
    (14) ``Spirits'' means any beverage that contains alcohol obtained 
by distillation mixed with drinking water and other substances in 
solution including, among other things, brandy, rum, whiskey, and gin.
    (15) ``Substantial Evidence'' shall mean evidence that a reasonable 
mind might accept as adequate to support a conclusion.
    (16) ``Tribal Court'' means the Shoshone-Bannock Tribal Court.
    (17) ``Tribes'' means the Shoshone-Bannock Tribes.
    (18) ``Wine'' means any beverage which contains alcohol obtained by 
fermentation of the natural sugar content of fruits or other 
agricultural products containing sugar, and which contains not more 
than fourteen percent (14%) of alcohol by volume.
    B. Other Words. All other words and phrases used in this Ordinance, 
the definition of which is not herein given, shall be given the 
ordinary and commonly understood and accepted meaning.

Section 3. Tribal Alcohol Beverage Control Commission

    A. Creation of Alcohol Beverage Control Commission. There is hereby 
established a Shoshone-Bannock Tribal Alcohol Beverage Control 
Commission. The Commission shall be composed of three-members who shall 
perform the duties specified in this Ordinance.
    B. Appointment. Members of the Commission shall be appointed by the 
Business Council.
    C. Term of Office. Members of the Commission shall initially hold 
office for periods of one, two and three years, respectively. After the 
original terms of office have expired, each member shall hold office 
for three years. The Council may reappoint any member to an additional 
term or terms of office.
    D. Removal from Office. A commissioner may only be removed prior to 
the normal expiration of his or her term by the Business Council for 
good cause shown after notice and hearing by the Council. The Council's 
decision to remove a member of the Commission shall be final.
    E. Vacancy and Interim appointment. If a member of the Commission 
shall die, resign, be incapacitated, permanently leave the Reservation, 
or be removed from office, a vacancy on the Commission shall be 
automatically created and the unexpired term shall be filled via 
appointment by the Business Council.
    F. Chair. A Chair of the Commission shall be elected by the 
Commission on an annual basis. The Chair shall preside at all formal 
and informal meetings of the Commission. The Chair shall exercise only 
such powers as are delegated to him/her by the Commission, and such 
powers as are expressly set forth in this Ordinance.
    G. Powers and Duties. In addition to all specific powers and duties 
conferred upon it by other sections of this Ordinance, the Commission, 
and its duly authorized representatives, shall have the following 
powers and duties:
    (1) To administer this Ordinance by exercising general control, 
management, and supervision of all alcohol beverage sales, places of 
sale, and sales outlets.
    (2) To establish administrative procedures as are necessary to 
govern the operation of the Tribal Alcohol Beverage Control Commission.
    (3) To make, promulgate and publish such rules and regulations as 
the Commission may deem necessary for carrying out the provisions of 
this Ordinance and for the orderly and efficient administration hereof.
    (4) To permit, license, inspect, and regulate the sale, 
transportation, delivery, storage, importation, and manufacture of 
alcohol beverages within the exterior boundaries of the Fort Hall 
Reservation.
    (5) To prescribe specific conditions and qualifications, consistent 
with the general requirements set forth in this Ordinance, necessary 
for obtaining licenses and permits, and the conditions of use of 
privileges under them, provide for the inspection of the records, and 
monitor the conduct of licensees and permittees.
    (6) To regulate the issuance, suspension, and revocation of 
licenses and permits to sell, manufacture, handle, or traffic of 
alcohol beverages in accordance with specific provisions of this 
Ordinance.
    (7) To prescribe the kind, quality, and character of alcohol 
beverages that may be sold under all licenses and permits, including 
the quantity that may be sold at any one time or within a specified 
period of time.
    (8) To collect licenses fees, taxes, fines, and penalties that may 
be assessed by authority of the Commission or the Tribes relating to 
alcohol beverage sales.
    (9) To make at any time an examination of the premises of any 
licensee or special permit holder to determine whether the provisions 
of this Ordinance, and any rules and regulations promulgated hereunder, 
are being complied with. This right of inspection shall include all 
financial records relating to purchase or sale of alcohol beverages.
    (10) To enforce rules and regulations adopted in furtherance of the 
purposes of this Ordinance and the performance of its administrative 
functions.
    (11) To sue in an appropriate court to enforce the provisions of 
this Ordinance with the consent of the Business Council. The Commission 
shall not, without the express written consent of the Business Council, 
waive the Commission's or the Tribes' immunity from suit, and any such 
unconsented waiver will be null and void and otherwise without any 
legal effect.
    (12) To exercise all other powers which are necessary and 
reasonable in order to accomplish the purposes of this Ordinance.
    H. Meetings. The Commission shall meet on the first Tuesday of 
January, April, July and October of each year and at such other times 
as the Chair and/or Commission may prescribe. The Commission will have 
quorum and able to conduct its business if at least two members are 
present.
    I. Method of Decision Making. The Commission shall attempt whenever 
possible to administer this Ordinance and execute its powers hereunder 
by consensus approach. If a consensus cannot be achieved, the 
affirmative vote of at least two members of the

[[Page 6216]]

Commission shall control the decision or action of the Commission. The 
Chair shall be entitled to vote on any decision or action.
    J. Compensation of Commission Members. The Business Council shall, 
by resolution, set the compensation for members of the Commission.
    K. Prohibited Conduct of Commission Members. Members of the 
Commission may not accept any gratuity related to their authorizing 
alcohol beverage sales, and may not have a personal business interest 
in such sales on the Reservation.
    L. Liability of Commission Members. Commission members, and 
employees or agents of the Commission, shall not be liable for damages 
sustained by any person because of any act or inaction done in the 
performance of their respective duties under this Ordinance.
    M. Reporting Requirement. The Commission shall submit an annual 
written report and accounting to the Business Council regarding sales 
of alcohol beverages on the Reservation and the activities of the 
Commission and its financial status. The annual report shall be 
submitted to the Business Council by April 1 of each year and shall 
address activities of concern in the preceding calendar year. The 
Business Council may require the Commission to report more frequently 
if it deems necessary.

Section 4. Retail Alcohol Sales Licenses and Special Events Permits

    A. License Requirement. All sales and dispensing of alcohol 
beverages within the
    Reservation must be made pursuant to express authorization of the 
Tribes given in the form of a retail alcohol sales license or special 
events permit issued by the Commission.
    B. Commission Empowered to Issue Licenses and Permits. The 
Commission is authorized to issue licenses to qualified applicants, as 
herein provided, whereby the licensee shall be authorized to sell and 
dispense alcohol beverages on a retail basis for on-premises 
consumption only, in accordance with rules and regulations promulgated 
by the Commission and the provisions of this Ordinance.
    C. Nature of License. A license shall be considered a personal 
privilege extended by the Tribal government, subject to denial, 
revocation, or suspension for abuse. It shall not constitute property; 
nor shall it be subject to attachment or execution; nor shall it be 
alienable or assignable. Every license shall be issued in the name of 
the applicant and no person holding such license shall allow any other 
person to use the same. A ``Beer License'' will allow the licensee to 
sell beer for on-premises consumption. A ``Wine License'' will allow a 
licensee to sell wine for on-premises consumption. A ``Spirits 
License'' will allow a licensee to sell spirits for on-premises 
consumption.
    D. License Fees for Retail Sales and Fees for Special Event 
Permits.
    (1) Each person or business licensed for regular retail sales under 
the provisions of this section shall pay an annual license fee of 
$1,500 to the Commission, plus the license amount specified below for 
each type of license:
    a. Beer License: $ 1,500 per annum
    b. Wine License: $1,500 per annum
    c. Spirits License: $2,000 per annum
    d. The fees set forth in a, b, and c of subsection D.1) above will 
be exclusive of each other and will be paid separately.
    (2) Special Event Permit $200 per event (includes beer, wine, and 
spirits for each event, if such alcohol is permitted by the 
Commission).
    E. License Fees in Addition to Other Tribal License Fees, 
Assessments, or Taxes.
    License fees provided for in this and other sections of this 
Ordinance are exclusive and in addition to any other fee, assessment, 
or tax charged by the Tribes.
    F. Restrictions on Retail Alcohol Licenses and Special Event 
Permittees:
    1. Licenses shall only be issued to the operators of the Shoshone-
Bannock Hotel and Events Center and the Shoshone-Bannock Gaming 
Operations for use in conjunction with the Shoshone-Bannock Hotel 
restaurants, bars, Event Center, Spa business and Gaming Operations for 
its legitimate business purposes.
    2. Special Event Permits may only be issued by the Alcohol Beverage 
Commission for private individuals and groups.
    G. Bond Requirement. The Commission is empowered to require retail 
alcohol license applicants (but not special event permit applicants) to 
post a reasonable cash bond or other appropriate security such as 
liability insurance to assure compliance with Tribal laws, rules and 
regulations. Such bond or security shall not be less than $1,000,000. 
Such bonds or other security shall be required at the discretion of the 
Commission.
    H. Expiration of License. Every regular license issued by the 
Commission shall expire on December 31st of the year in which issued, 
unless an earlier expiration date is established by the Commission.
    I. Unauthorized Sale Prohibited. It shall be unlawful for any 
licensee or permittee under this section to sell, keep for sale, 
dispense, give away, or otherwise dispose of any alcohol beverage other 
than for on-premises consumption. Each license or permit shall be at a 
specific location and may not be transferred or used for any location 
other than that identified on the face of the license or permit.

Section 5. Application Procedures for Retail Alcohol Licenses and 
Special Events Permits

    A. Applicant Eligibility. No license or special permit shall be 
issued to:
    (1) An individual who is not a citizen of the United States; or to 
a partnership unless all members thereof are citizens of the United 
States; or to a corporation or association unless the same is organized 
under the laws of the Tribes, laws of any state, or the United States 
and unless the principal officers and the members of the governing 
board are citizens of the United States.
    (2) Any person, or any one (1) of the members, officers, governing 
board of business, corporation, or association, who has, within five 
(5) years prior to the date of making application, been convicted of 
any violation of the laws of the United States, or any Indian Tribal 
government or any state of the United States, or the resolution or 
ordinances of any county of city of a state, relating to the 
importation, transportation, manufacture or sale of alcohol beverages; 
or who was convicted or, paid any fine, been placed on probation, 
received a deferred sentence, received a withheld judgment or completed 
any sentence of confinement for any felony within ten (10) years prior 
to the date of making application for any license or permit.
    (3) A person who has been convicted of any felony at any time.
    (4) A person whose license or permit issued under this Ordinance 
has been revoked, or who was associated in any manner whatsoever with 
the business affairs of a partnership, association or corporation whose 
license or permit has been revoked.
    B. Filing of Application. Prior to the issuance of any license or 
permit provided for herein, the applicant shall file with the 
Commission a sworn application upon forms to be furnished by the 
commission, in writing, signed by the applicant under oath, and 
attested to by a person authorized to administer oaths, verifying the 
truth of the information and statements contained in the application. 
The full amount of the license fee, in the form of a money order or 
cashier's check, must

[[Page 6217]]

accompany the application at the time of filing.
    C. Application Contents. In addition to setting forth the 
qualifications required by other provisions of this Ordinance, the 
application must show:
    (1) A detailed description of the premises for which a license or 
permit is sought and its location.
    (2) A detailed statement of the assets and liabilities of the 
applicant.
    (3) The names and addresses of all persons who will have any 
financial interest in any business to be carried on in or upon the 
licensed or permitted premises, whether such interest results from open 
loans, mortgages, conditional sales contracts, silent partnerships, 
trusts or any other basis than open trade accounts incurred in the 
ordinary course of business, and the amounts of such interests.
    (4) If the premises to be licensed or permitted are not owned by 
the applicant, a certified copy of the lease by which the applicant 
will occupy the premises showing that the owner consents to the sale of 
alcohol beverages on such premises.
    (5) The name and address of the applicant, which shall include all 
members of a partnership or other business association, and the 
officers, boards of directors or principal stockholders of a 
corporation.
    (6) A copy of the articles of incorporation and bylaws of any 
corporation, the articles of association and by laws of any 
association, or the partnership agreement of any partnership.
    (7) If during the period of any license or permit issued hereunder 
any change shall occur in any of the requirements of paragraphs 1 
through 6 of this section, the licensee or permittee shall forthwith 
make a verified report of such change to the Commission.
    D. False Statements. If any false statement is made in any part of 
an application for a license or special permit, or in any report 
required to be filed, the applicant, or applicants, shall be deemed to 
have violated this Ordinance and shall be subject to the penalties and 
sanctions set forth in this ordinance.
    E. Investigation and Fact Finding. Upon receipt of an application 
for license or special permit under this Ordinance, accompanied by the 
necessary fee, the Commission, within sixty (60) days thereafter, shall 
cause to be made a thorough investigation. The Commission may require 
the applicant to provide relevant books and records relating to the 
business affairs of the applicant to be submitted to the Commission for 
examination as a condition precedent to issuing any license or permit. 
If the Commission shall determine that the contents of the application 
are true, that such applicant is qualified under provisions of this 
Ordinance to receive a license or permit, that the subject premises are 
suitable for carrying on the business, and that all requirements of 
this Ordinance and the rules and regulations promulgated by the 
Commission are met and complied with, including an optional public 
hearing process, a license or permit shall be issued; otherwise the 
application shall be denied and the fee, less the costs and expenses of 
investigation, shall be returned to the applicant.
    F. Public Hearing Procedures. The Commission at its discretion 
conduct public hearings for purposes of ascertaining the views of the 
general public as to whether applications for a regular license or 
special permits shall be issued. Comments from the general public may 
be received either in the form of in-person testimony or by written 
statement. The Commission shall give notice of such public hearings at 
least 10 days in advance by publishing a notice in the Sho-Ban News or 
other local newspaper. The Commission shall give due consideration to 
the comments submitted at a public hearing, but shall be free to 
exercise its independent judgment as to whether a license or permit 
shall be issued.
    G. Rendering of Decision. Within ninety (90) days after the date of 
filing an application the Commission shall render a decision as to 
whether a license or permit shall be issued. The decision shall be set 
forth in writing and shall contain the factual findings upon which it 
is based. A copy of Commission's decision shall be immediately sent by 
certified mail to the applicant.
    H. Appeal Procedure.
    (1) An applicant may appeal a decision of the Commission by filing 
a Notice of Appeal with the Commission within ten (10) days after 
receipt of notice of the Commission's decision. Upon receiving a Notice 
of Appeal the Commission shall transfer a complete record of its 
administrative proceedings relating to the application to the Chairman 
of the Business Council. Within twenty (20) days after receiving the 
record from the Commission the Business Council shall fully consider 
the record, grant the applicant an opportunity to present oral and 
written arguments in support of his or her position, and issue a 
decision. However, the Business Council shall consider only factual 
information contained in the record developed in the proceedings before 
the Commission. In reviewing the decision of the Commission the 
Business Council shall, after reviewing all the evidence presented 
before the Commission, uphold the Commission's decision if it finds 
that the decision was supported by substantial evidence. If substantial 
evidence does not support the decision of the Commission, then the 
Business Council shall overrule the Commission and remand the matter to 
the Commission for appropriate action. A copy of Business Council's 
decision shall be immediately sent by certified mail to the applicant 
and the Commission.
    (2) In the event that either the applicant or the Commission is 
dissatisfied with the appeal decision of the Business Council, then the 
matter may be further appealed to the Appellate Division of the 
Shoshone-Bannock Tribal Court within twenty (20) days after receipt of 
notice of the Business Council's decision. However, the jurisdiction of 
the Tribal Court shall be limited to questions of jurisdiction, 
interpretation of the Ordinance provisions, fair procedure and 
substantial evidence as contrasted to de novo consideration of all the 
facts and the substitution of its judgment for that of the Commission. 
In all other respects, the rules of appellate procedure of the Tribal 
court shall govern.
    I. Upon approval of the permit the commission shall record it and 
issue a permit to the licensee.
    J. Permit to be displayed in plain view. Every licensee or 
permittee shall cause his permit or duplicate to be displayed in plain 
view in a conspicuous place where the sales so permitted are to be 
carried on.

Section 6. Revocation and Suspension of Licenses and Permits

    A. Complaints and Investigations. The Commission may upon its own 
motion, and shall upon a written verified complaint of any other 
person, investigate the action and operation of any licensee or 
permittee hereunder to determine whether there is compliance with the 
provisions of this Ordinance.
    B. Grounds for Revocation and Suspension. If the Commission shall 
have reasonable cause to believe that any licensee or permittee has 
violated any of the provisions of this Ordinance, or any of the rules 
or regulations of the Commission promulgated hereunder, any violation 
of the laws of the United States, or of any State relating to the sale, 
transport, distribution of alcohol beverages, it may, at its 
discretion, and in addition to other penalties and sanctions herein 
prescribed, revoke the license or permit of any such licensee or

[[Page 6218]]

permittee or it may suspend the same for a period not to exceed six (6) 
months.
    C. Notice and Hearing Requirement. Prior to issuing any order of 
revocation or suspension of a license or permit the Commission shall 
give reasonable written notice to the licensee or permittee via 
certified mail that such action is being considered by the Commission. 
A licensee or permittee will then have 15 days from receipt of such 
notice to submit a written request to the Commission for a fair hearing 
before the Commission as to whether a revocation or suspension is 
justified under the circumstances. If such a hearing is requested, then 
the Commission must give at least 10 days' written notice of such 
hearing to the licensee or permittee. If a license or permit under this 
ordinance has been obtained by fraud or misrepresentation, the 
Commission, upon proof that such license or permit was so obtained, 
revoke the license or permit, and all monies paid shall be forfeited.
    D. Rendering of Decision. The Commission shall render a decision 
based upon a ``preponderance of the evidence'' as the standard of 
proof. Only that evidence that is adduced at the hearing or which is 
incorporated in the official administrative record, shall be considered 
in rendering a decision. If the commission decides to revoke or suspend 
any license or permit previously granted, it shall give such licensee 
or permittee, as the case may be, fifteen (15) day notice of its 
intended action in writing by certified mail addressed to the licensee 
or permittee at the address listed in the application on file with the 
Commission, stating generally the basis for its intended action.
    E. Tribal Court Review.
    (1) Within fifteen (15) days of receiving a notice of revocation or 
suspension, a licensee or permittee may institute a proceeding for 
injunctive relief in the Shoshone-Bannock Tribal Court to have the 
intended action of the Commission reviewed.
    (2) If the Tribal Court in such proceedings determines that the 
licensee or permittee has violated the provisions of this Ordinance, 
said proceedings shall be dismissed.
    (3) Pending a determination of said cause on the merits the Tribal 
Court may, based upon a showing of undue hardship to the licensee or 
permittee and upon posting a proper bond, stay the effective date of 
the intended action of the Commission for such time as the Tribal Court 
may deem proper. If no stay is issued, or has expired, the Commission 
shall issue its order of revocation or suspension.
    (4) If the Tribal Court shall determine that cause did not exist 
for the intended action of the Commission it shall issue a decree 
accordingly and the Commission shall comply therewith.
    (5) Under this section, the Tribal Court's review shall be limited 
to consideration of jurisdiction, ordinance interpretation, fair 
procedure and evidence and the Court shall not conduct a trial de novo. 
The Court shall instead serve to function of determining whether the 
Commission abused the discretion delegated to it. In this regard, the 
standard of review shall be whether the decision of the Commission is 
supported by substantial evidence.
    (6) In all judicial proceedings under this section, the Tribal 
Rules of Civil Procedure and General Rules of Court shall apply unless 
otherwise specified in this Ordinance.
    F. Restrictions after Revocation. The Commission shall notify all 
licensees and permittees of revocations and suspensions. Whenever a 
license or permit shall have been revoked or suspended the holder 
thereof shall forthwith deliver the same to the Commission. No license 
or permit shall be issued to a person whose license or permit has been 
revoked within a period of six (6) months from the date of revocation 
of his former license or permit.
    G. Bond Option. In response to a violation of this Ordinance, the 
Commission or Tribal Court may, as a condition precedent to a 
continuance of his license or permit, as a condition precedent to a 
continuance of his license or permit, in any case where the licensee or 
permittee has not theretofore given bond, exact from him a bond, 
written by surety company authorized to do business in Idaho, in the 
sum of $1,000.00 conditioned on the observance of the provisions of 
this Ordinance and any regulations of the Commission promulgated 
thereunder. For the violation of the conditions thereof, said bond 
shall be forfeited to the Tribes, and any recovery thereon shall be 
distributed in accordance with Section 15 herein.
    H. Automatic Revocation. Whenever a licensee or permittee has been 
found guilty of any crime in any jurisdiction in which the illegal 
handling of alcohol beverages was involved, such conviction shall 
automatically operate to revoke the license or permit of such person 
and any and all privileges thereunder.

Section 7. Tribal Court Jurisdiction and Enforcement Procedure

    Proceedings to enforce provisions of this Ordinance, whether they 
be criminal or civil, shall be initiated by the filing an appropriate 
complaint in the Shoshone-Bannock Tribal Court. The interest of the 
Commission shall be represented by the Tribal Prosecutor. Rules of the 
Tribal Court relating to criminal and civil proceedings shall govern 
the manner in which the judicial proceedings are conducted. However, 
judicial review of decisions of the Commission concerning issuance, 
revocation and suspension of licenses and permits shall be conducted 
strictly in accordance with the provisions of Sections 6 and 7 herein.

Section 8. Criminal Penalties

    A. Application only to Indians. Indians, be they members or non-
members of the Shoshone-Bannock Tribes, who commit a violation of any 
provisions of this Ordinance shall be subject to criminal prosecution 
and penalties set forth hereunder. However, nothing in this Ordinance 
shall be construed to authorize or require the criminal trial and 
punishment of non-Indians.
    B. Maximum Criminal Penalty. Anyone adjudged to be in violation of 
any provision of this Ordinance shall be subject to a criminal penalty 
not to exceed (1) year in jail, a fine not to exceed five thousand 
($5,000) dollars fine, or both, for each separate violation.

Section 9. Civil Fines

    Any person, adjudged to be in violation of this Ordinance shall be 
subject to a civil fine of not more than five thousand dollars 
($5,000.00) for each such violation. Imposition of all such civil fines 
shall be under the jurisdiction of the Shoshone-Bannock Tribal Court. 
The Tribal Court may impose a civil fine only upon a petition filed by 
the Commission, represented by the Tribal Prosecutor, setting forth 
specific allegations amounting to a violation of the Ordinance. Notice 
and hearing on such petition shall be provided in accordance with the 
rules of civil procedure generally applicable in Tribal Court. The 
Tribal Court shall exercise discretion as to the appropriate fine 
amount, taking into account its seriousness and the threat it may pose 
to the general health and welfare of the residents of the Reservation. 
A decision of the Tribal Court may be appealed in accordance with Rules 
of Appellate Procedure applicable in Tribal Court.

[[Page 6219]]

Section 10. Abatement of Nuisance

    A. Declaration of Nuisance. Any room, house, building, boat, 
vessel, vehicle, structure, or other place where an alcohol beverage 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, transportation, 
possession, distribution, and sale of alcohol beverage, and all 
property keep in and used in maintaining such place, are hereby 
declared to be a common nuisance.
    B. Institution of Action. The Commission, represented by the Tribal 
Prosecutor, shall institute and maintain an action in the Tribal Court 
in the name of the Tribes to abate and perpetually enjoin any nuisance 
declared under this section. The plaintiff shall not be required to 
give bond in the action, but restraining orders, temporary injunctions, 
and permanent injunctions may be granted the same as in other 
injunction proceedings, and upon final judgment against the defendant, 
the Court may also order the room, house, building, boat vessel, 
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 surety to be approved by the Court in the sum of not less 
than One-Thousand Dollars ($1,000.00), payable to the Tribes and 
conditioned that alcohol beverages 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. If any conditions of the bond are violated, the whole amount 
may be recovered as a penalty for the use of the Tribes. Any action 
taken under this section shall be in addition to any other penalties 
provided for in this Ordinance.
    C. Abatement. In all cases where any person has been adjudged to be 
in violation of this Ordinance or other Tribal laws relating to the 
manufacture, importation, transportation, possession, distribution or 
sale of an alcohol beverage, 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 judgment shall be admissible in evidence as 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 11. Contraband-Seizure and Forfeiture

    A. Contraband Defined. All alcohol beverages within the Reservation 
held, owned, or possessed by any person or business outlet operating in 
violation of this Ordinance are hereby declared to be contraband and 
subject to forfeiture to the Tribes.
    B. Application of Seizure. Upon proper application by official 
representatives of the Tribes and/or the Commission, a tribal judge 
shall issue an order directing tribal law enforcement officers to seize 
contraband alcohol beverages within the Reservation and to deliver them 
to or hold them on behalf of the Commission.
    C. Temporary Storage of Contraband. Any Tribal law enforcement 
officer seizing the contraband shall preserve the contraband by placing 
it in a secured area provided for storage of impounding property and 
shall promptly prepare and file an inventory list with the Tribal 
Court.
    D. Tribal Court Hearing. Within two weeks following the seizure of 
the contraband, a hearing shall be held in Tribal Court, at which time 
the operator or owner of the contraband shall be given an opportunity 
to present evidence in defense of his or her activities. The interest 
of the Tribes shall be represented at such hearing by the Tribal 
Prosecutor on behalf of the Commission.
    E. Forfeiture. If upon hearing the evidence warrants, or if no 
person appears as claimant, the Tribal Court shall thereupon enter 
judgment of forfeiture and the person adjudged be in violation of this 
Ordinance shall forfeit all right, title, and interest in the items 
seized. The forfeited items shall be sold for the Benefit of the Tribes 
and proceeds distributed in accordance with Section 15 herein; provided 
that the forfeited items shall not be sold to any person not entitled 
to possess them under applicable law.

Section 12. Exclusion From Reservation

    In addition to other sanctions contained in this Ordinance, Tribal 
law enforcement officers shall be authorized to exclude violators of 
this Ordinance from the Fort Hall Reservation under procedures set 
forth in the Tribes' Law and Order Code, following hearing before 
Business Council.

Section 13. Prohibitions and Limitations Concerning Sale and 
Distribution of Alcohol Beverages

    A. Manufacture, Sale, Possession, Consumption, and Transport. It 
shall be unlawful to manufacture for sale, sell, offer, or keep for 
sale, possess, consume, or transport any intoxicating liquor or alcohol 
beverage within the exterior boundaries of the Reservation except on 
the terms, conditions, limitations, and restrictions specified in this 
Ordinance.
    B. Unauthorized Purchase. It shall be a violation of this Ordinance 
for any person to purchase any alcohol beverage from any person or 
business within the boundaries of the Reservation other than at 
business, outlet, or location that has been properly authorized by the 
Commission.
    C. Illegal Dispensing of Licensees and Permittees. It shall be 
unlawful for any licensee or permittee to sell, give away, dispense, 
vend, or deliver any alcohol beverage in any manner or by any means, 
except upon licensed premises or within a permit area.
    D. Serving Persons under Age or Serving Intoxicated Persons. No 
licensee or permittee or his or its employed agents, servants, or 
bartenders shall sell, deliver or give away, or cause or permit to be 
sold, delivered, or given away, any alcohol beverage to any person 
under the age of twenty one (21), intoxicated person, or to any 
habitual drunkard, except as provided in subsections E, F, G, and H, 
herein.
    E. Identification. Any one of the following that shows the person's 
current age and bears his signature and photograph shall be suitable 
for identification purposes, if valid:
    (1) Liquor Control Authority Card of any state;
    (2) Driver's license of any state or ``Identification Card'' issued 
by any state department of motor vehicles;
    (3) United States active duty military identification;
    (4) Passport; work visa or
    (5) Tribal Identification or enrollment card.
    F. Misrepresentation of Age. Any person under the age of twenty one 
(21) years, or other person, who knowingly misrepresents his or her 
qualifications for the purpose of obtaining an alcohol beverage from a 
licensee or permittee shall be in violation of this Ordinance.
    G. Transfer of Identification. It shall be a violation of this 
Ordinance for any person to transfer in any manner an identification of 
age to a person under the age of twenty one (21) years for the purpose 
of permitting such minor to obtain an alcohol beverage.
    H. Refusal to Present Identification. It shall be a violation of 
this Ordinance for

[[Page 6220]]

any person to refuse to present identification indicating age, when 
requested by a Gaming/Hotel Security Officer, tribal law enforcement 
officer or any other authorized person when: (a) He or she shall 
possess, purchase, attempt to purchase or consume an alcohol beverage; 
or (b) he or she is on a premise licensed to sell alcohol beverages for 
consumption on the premises.
    I. Illegal Employment of Under Age Persons. It shall be a violation 
of this Ordinance for any licensee or permittee or their agent(s) to 
employ a person under the age of nineteen (19) years to serve, sell, 
dispense, or dispose alcohol beverages.
    J. Designation on Diagram for each type of License. As part of the 
application, the licensee will designate on a diagram of the licensed 
premises the specific areas in which each of the following will be sold 
and permitted to be consumed, to the extent the licensee is granted a 
license for each: beer, wine, and spirits. Thereafter, beer may only be 
sold to, consumed by, and possessed by patrons in the area designated 
for beer on the floor plans. Wine may only be sold to, consumed by, and 
possessed by patrons in the area designated for wine on the floor 
plans. With respect to the areas designated for beer and wine on the 
floor plans, persons of all ages will be permitted to enter and/or 
remain. Spirits may only be sold to, consumed by, and possessed by 
patrons in the area designated for spirits on the floor plans. Only 
those persons 21 years of age and older are permitted to enter and/or 
remain in the area designated for spirits on the floor plan, except for 
those employees nineteen (19) years of age and older while working in 
their employment capacity, and musicians and singers eighteen (18) 
years of age and older while performing as employed musicians and 
singers, and/or employees of the Event Center. A licensee may amend 
this diagram of the licensed premises after the issuance of the license 
without further approval by the Commission, but such amended diagram 
will only become effective once received by the Commission.
    K. Intoxication and Drunkenness. Section 116 of the Shoshone 
Bannock Criminal Code's prohibition on Intoxicated Persons will apply 
to all areas of a licensed premise and as otherwise set forth in the 
Criminal Code.
    L. Selling or Dispensing Alcohol to Intoxicated Persons. Any person 
who sells, gives, or dispenses any alcohol beverage to another person 
who is an ``Intoxicated Person'' as that term is defined in Title 8 of 
the Law and Order Code shall be in violation of this Ordinance.
    M. Refusal to Sell. All vendors of alcohol beverages within the 
Reservation shall refuse to sell alcohol to persons under the following 
circumstances:
    (1) When that person does not provide satisfactory proof that he is 
at least twenty one (21) years of age;
    (2) When that person is apparently intoxicated.
    N. Holidays and Hours of Sale. No alcohol beverage shall be sold, 
offered for sale, or given away upon any licensed premises during the 
following hours:
    (1) Between the hours of 2 o'clock a.m. and 10 o'clock a.m. and
    (2) On any election day until after the time when the polls are 
closed.
    Provided, however, any patron present on the licensed premises 
after the sale of alcohol beverages has stopped in accordance with the 
provisions above shall have a reasonable time to consume any beverage 
already served.
    O. Bringing alcohol beverages onto Premises. No licensee or 
permittee shall allow any person to bring any alcohol beverages for 
personal consumption into any location.
    P. Open Containers Prohibited. No person shall have an open 
container of any alcohol beverages in any automobile, whether moving or 
standing still, or in a public place, other than premises designated in 
a license.

Section 14. Distribution of Review

    All fees collected from assessments made by the Commission for 
licenses, permits and penalties shall be transferred to the Financial 
Management Division of the Tribes and shall be placed in a special 
account designated as the Liquor Fund.

Section 15. Application of Federal Laws

    Federal law currently prohibits the introduction of alcohol 
beverages into Indian country (18 U.S.C. 1154), and expressly delegates 
to the tribes the decision regarding when and to what extent liquor 
transactions shall be permitted (18 U.S.C. 1161). Persons involved in 
acts and transactions not authorized by this Ordinance shall be subject 
to federal criminal prosecution, as well as civil legal action in the 
courts of the United States.

Section 16. Applicability of Other Tribal Law

    Nothing contained in this Ordinance shall be interpreted to limit 
the application of other Tribal laws or Ordinances.

Section 17. Powers Reserved by Business Coucil

    All powers relating to regulation and control over alcohol 
beverages which are not expressly delegated to the Commission by this 
Ordinance shall be retained by the Business Council. In addition, the 
Business Council expressly reserves authority to set the fiscal year 
budget of the Commission. The Commission shall also be subject to other 
general Tribal administrative laws, procedures, and practices adopted 
by the Business Council unless expressly exempted.

Section 18. Sovereign Immunity

    A. Immunity Preserved. Nothing in this Ordinance is intended or 
shall be construed as a waiver of the sovereign immunity of the 
Shoshone-Bannock Tribes, except for the limited Tribal Court review 
provisions of Sections 6 and 7 of this Ordinance.
    B. Method of Waiver. No commissioner or employee of the Commission 
shall be authorized to waive the sovereign immunity of the Tribes. 
Waiver of sovereign immunity shall only be authorized by specific 
written resolution of the Fort Hall Business Council.

Section 19. Severability

    Should any section, clause, sentence, or provision of this 
Ordinance, be held invalid for any reason, such holding or decree shall 
not be construed as affecting the validity of any of the remaining 
portions hereof, it being declared that the Business Council would have 
adopted the remainder of this Ordinance, notwithstanding the invalidity 
of any such section, clause, sentence, or provision.

Section 20. Amendment

    Amendments to this Ordinance may be made only by the Fort Hall 
Business Council.

[FR Doc. 2020-01709 Filed 2-3-20; 8:45 am]
 BILLING CODE 4337-15-P