[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Notices]
[Pages 46165-46170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16605]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[201A2100DD/AAKC001030/A0A501010.999900 253G]


Spirit Lake Tribe Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Spirit Lake Tribe's Liquor Control 
Ordinance (Ordinance). This Ordinance regulates and controls the 
possession, sale, manufacture, and distribution of alcohol in 
conformity with the laws of the State of North Dakota for the purpose 
of generating new Tribal revenues. Enactment of this Ordinance will 
help provide a source of revenue to strengthen Tribal government, 
provide for the economic viability of Tribal enterprises, and improve 
delivery of Tribal government services.

DATES: This Ordinance shall take effect on July 31, 2020.

FOR FURTHER INFORMATION CONTACT: 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 Spirit Lake Tribe duly adopted the 
Liquor Control Ordinance on March 13, 2020.
    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 Spirit Lake Tribe duly adopted by 
Resolution this Liquor

[[Page 46166]]

Control Ordinance by Resolution No. A05-20-122, on March 13, 2020.

Tara Sweeney,
Assistant Secretary-Indian Affairs.

    The Spirit Lake Tribe's Liquor Control Ordinance shall read as 
follows:

TITLE 22. LIQUOR CONTROL

ARTICLE I

GENERAL PROVISIONS

CHAPTER 1 GENERALLY

Sec. 22-1101 Authority and Purpose

    The purpose of this Title is to regulate and control the 
distribution, possession and sale of liquors and other intoxicating 
beverages within lands subject to the jurisdiction of the Spirit Lake 
Tribe in North Dakota, and authorize sales of such at the Spirit Lake 
Casino and Resort property. The authority for enactment of this Title 
is as follows:
    (1) Tribal control over liquor within Tribal reservations is 
provided for in the Act of August 15, 1953, 67 Stat. 586, codified at 
18 U.S.C. 1161, through which the federal government recognizes the 
authority of Indian Tribes to regulate acts or transactions involving 
liquor in Indian Country, provided that such acts or transactions are 
in conformity with the laws of the State in which the Tribe is located.
    (2) The United States government is committed to fostering and 
encouraging Tribal self-government, economic development and self-
sufficiency under the Indian Self-Determination and Education 
Assistance Act, 25 U.S.C. 5301-5332.
    (3) This title is enacted pursuant to Articles 6(3), 6(4), 6(9), 
6(10), and 7 of the Spirit Lake Constitution and pursuant to 18 U.S.C. 
1161.

Sec. 22-1102 Public Policy

    It is the policy of the Tribe to strictly limit the sale of liquor 
on Tribal Lands. The Tribal Council has determined that the regulated 
sale and consumption of Alcoholic Beverages at the site of the Casino 
Property is an appropriate activity that will enhance the revenues of 
the Tribe's Casino Enterprise. Accordingly, sales of Alcoholic 
Beverages shall be permitted, but shall be geographically limited to 
Casino Property and strictly regulated in accordance with this Title 
and the Regulations.

Sec. 22-1103 Title

    This Title shall be cited as the ``Spirit Lake Tribe Liquor Control 
Act.''

Sec. 22-1104 Effective Date

    This Title is effective as of the date of publication in the 
Federal Register.

Sec. 22-1105 Definitions

    Unless the context requires otherwise, as used in this Title:
    (1) ``Alcoholic Beverage'' means any Intoxicating Liquor, Beer or 
any Wine as defined under the provisions of this Title.
    (2) ``Application'' means a formal written request for the issuance 
of a Liquor License, supported by a verified statement of facts, as 
described in detail at Section 22-3109 of this Title.
    (3) ``Beer'' means any liquid capable of being used for beverage 
purposes made by the fermentation of an infusion in potable water of 
barley, malt, and hops, with or without unmalted grains or decorticated 
and degerminated grains or made by the fermentation of or by 
distillation of the fermented products of fruit, fruit extracts, or 
other agricultural products, containing more than one-half of one 
percent of alcohol by volume but not more than five percent of alcohol 
by weight but not including mixed drinks or cocktails mixed on the 
premises.
    (4) ``Casino Property'' means all real property, including the 
buildings, adjacent parking lots and all related infrastructure that 
comprise the Casino Enterprise known as the Spirit Lake Casino and 
Resort at 7889 Hwy 57, St. Michael, ND 58370.
    (5) ``Code'' means the Code of the Spirit Lake Tribe of North 
Dakota, including any amendments thereto.
    (6) ``Director'' means the Director of Liquor Control as described 
in detail at Section 22-2102 of this Title.
    (7) ``Distributor'' means a Person duly licensed by the State and 
the Tribe who is entitled to purchase, sell, manufacture, deliver and/
or distribute all forms of Alcoholic Beverages to licensed retail 
establishments within the State, including the Casino Enterprise.
    (8) ``Intoxicating Liquor'' means any liquid either commonly used, 
or reasonably adopted to use for beverage purposes, containing in 
excess of three and two-tenths percentum of alcohol by weight. This 
shall include any type of Wine, regardless of alcohol content.
    (9) ``Liquor License'' means a Tribal liquor license issued in 
accordance with Chapter 3 of this Title.
    (10) ``Person'' means any individual, partnership, or corporate 
entity.
    (11) ``Qualified Sponsor'' means the sponsor of a Special Event, 
which may be (i) a duly authorized representative of the Tribal 
Entities, (ii) a State licensed distributor, wholesaler or manufacturer 
of Alcoholic Beverages; or (iii) other Person possessing the requisite 
license and other legal authority to conduct the proposed activity on 
Tribal Lands.
    (12) ``Regulations'' means all regulations adopted under this Title 
in accordance with Section 22-2103 hereof.
    (13) ``Sale'' or ``Sell'' means and includes the exchange, barter, 
and traffic, including selling, supplying, or distributing by any means 
whatsoever, of any Intoxicating Liquor or Beer.
    (14) ``Special Event'' means any social, charitable or for-profit 
discreet activity or event (i) licensed hereunder; (ii) conducted on 
Casino Property by a Qualified Sponsor; and (iii) overseen by Casino 
Enterprise management, at which Alcoholic Beverages are sold by a 
vendor, wholesaler or distributor licensed by the State and/or the 
Tribe, as applicable.
    (15) ``State'' means the State of North Dakota.
    (16) ``Tribal Constitution'' means the Spirit Lake Constitution.
    (17) ``Tribal Council'' means the duly elected governing body of 
the Tribe.
    (18) ``Tribal Entity'' means any business or quasi-business 
operation which is owned and operated by the Spirit Lake Tribe, with 
its profits remaining therein.
    (19) ``Tribal Lands'' means all land owned by the Tribe over which 
the Tribe exercises jurisdiction, whether held in trust for the Tribe 
by the United States of America for the benefit of the Tribe, owned in 
fee simple by the Tribe, or otherwise.
    (20) ``Tribe'' means the Spirit Lake Tribe.
    (21) ``Wholesaler'' means any person, other than a vintner, brewer 
or bottler of Beer or Wine, who shall sell barter, exchange, offer for 
sale, have in possession with intent to sell, deal or traffic in 
Intoxicating Liquor, Wine, or Beer. A wholesaler shall not sell for 
consumption upon Tribal Lands.
    (22) ``Wine'' means any beverage containing more than five percent 
of alcohol by weight but not more than seventeen percent of alcohol by 
weight or twenty-one and twenty-five hundredths percent of alcohol by 
volume obtained by the fermentation of the natural sugar.

Sec. 22-1106 Construction

    This Title shall be interpreted and applied in a manner consistent 
with all other laws, ordinances, resolutions, and regulations of the 
Tribe.

Sec. 22-1107 Severability

    If a court of competent jurisdiction finds any provision of this 
Title to be invalid or illegal under applicable

[[Page 46167]]

Federal or Tribal law, such provision shall be severed from this Title 
and the remainder of this Title shall remain in full force and effect.

Sec. 22-1108 Headings

    Headings contained herein shall not be deemed to govern, limit, 
modify, or in any manner affect the scope, meaning, or intent of the 
provisions of any portion of this Title.

Sec. 22-1109 Amendments

    This Title may be amended only upon an affirmative vote of a 
majority of the Tribal Council, the approval of the Secretary, and the 
publication of the approved amendment in the Federal Register.

CHAPTER 2 REGULATION OF INTOXICATING LIQUOR

Sec. 22-2101 General Prohibition

    It shall be unlawful to manufacture for sale, sell, offer, or keep 
for sale, possess or transport all forms of Intoxicating Liquor or Beer 
except upon the terms, conditions, limitations, and restrictions 
specified in this Title and the Regulations.

Sec. 22-2102 Director Appointment and Authority

    The Tribal Council shall appoint a Director of Liquor Control who 
shall have the following duties and authority:
    (1) To publish and enforce this Title and the rules and Regulations 
governing the sale, manufacture, and distribution of Intoxicating 
Liquor and Beer on Tribal Lands;
    (2) To employ or procure the services of managers, accountants, 
security personnel, inspectors, and such other persons as shall be 
reasonably necessary to allow the Director and/or the Tribal Council to 
perform their respective functions under this Title;
    (3) To issue Liquor Licenses, with the approval of the Tribal 
Council, permitting the sale or distribution of liquor on Tribal Lands;
    (4) To convene and facilitate Tribal Council hearings on violations 
of this Title for the issuance or revocation of licenses hereunder;
    (5) To bring suit in the appropriate court to enforce this Title as 
necessary;
    (6) To determine and seek damages for violation of this Title;
    (7) To make such reports as may be required;
    (8) To compile information and conduct background investigations to 
determine the suitability of an applicant for a Liquor License;
    (9) To collect fees levied or set in accordance with this Title, 
and to keep accurate records, books and accounts;
    (10) To develop forms for applications, licenses, and other matters 
covered by this Title;
    (11) To take or facilitate all action necessary to follow or 
implement applicable provisions of State law, as required;
    (12) To coordinate with other departments and agencies of the Tribe 
to ensure the effective enforcement of this Title and the Regulations; 
and
    (13) To exercise such other powers as are necessary and appropriate 
to fulfill the purposes of this Title.

Sec. 22-2103 Promulgation of Regulations

    The Director is hereby authorized to make Regulations not 
inconsistent with this Title to the end that this Title shall be 
applied and administered uniformly throughout Tribal Lands. All such 
proposed Regulations shall be first submitted to the Tribal Council for 
consideration, possible revision and final approval. Following approval 
by the Tribal Council, copies of all Regulations shall be made 
available to all persons subject to this Title.

Sec. 22-2104 Director as Employee of Tribe

    The Director and other individuals employed under the Director's 
supervision shall be employees of the Tribe. The Director may be 
removed for cause at any time by vote of the Tribal Council.

Sec. 22-2105 Interim Appointment

    As of the Effective Date, the Tribal Council designates the Tribe's 
Gaming Commission Executive Director to serve as the Director of Liquor 
Control until such time as a permanent appointment is made in 
accordance with this Title.

Sec. 22-2106 Inspection Rights

    The premises on which Intoxicating Liquor and Beer is sold or 
distributed shall be open for inspection by the Director or his 
designee at all reasonable times for the purpose of ascertaining 
whether this Title and the Regulations promulgated hereunder are being 
strictly followed.

Sec. 22-2107 Tribal Control of Importation and Sale of Intoxicating 
Liquor

    The Tribal Council shall have the sole and exclusive right to 
control and restrict the importation of all forms of Intoxicating 
Liquor and Beer, except as otherwise provided in this Title, and no 
person or organization shall so import any such Intoxicating Liquor or 
Beer into the Tribal Lands, unless authorized by a Liquor License 
issued under this Title. No licensed distributor, wholesaler or 
distillery shall sell any form of Intoxicating Liquor or Beer within 
the Tribal Lands to any person or organization unless licensed 
hereunder and except as otherwise provided in this Title. It is the 
intent of this Section to retain in the Tribal Council exclusive 
control within Tribal Lands as the sole authorizer and controller of 
all forms of Intoxicating Liquor and Beer sold by retailers, 
distributors, wholesalers or vendors within the Tribal Lands or 
imported therein, and except as otherwise provided in this Title. The 
powers of the Director under this Title are by express delegation of 
the Tribal Council.

Sec. 22-2108 Limitation on Powers

    In the exercise of their respective powers and duties under this 
Title, the Director, the Tribal Council, and their individual members, 
representatives and employees, shall not accept any gratuity, 
compensation or other thing of value from any liquor wholesaler, 
retailer, or distributor or from any licensee or applicant under this 
Title.

Sec. 22-2109 Possession of Liquor Contrary to This Title

    All forms of Intoxicating Liquor and Beer which are possessed 
contrary to the terms of this Title are declared to be contraband. Any 
Tribal agent, employee, or officer who is authorized by this Title and 
the Regulations to enforce this Section shall have the authority to and 
shall seize all contraband.

Sec. 22-2110 Disposition of Seized Contraband

    Any officer, employee or agent of the Tribe seizing contraband 
shall preserve the contraband in accordance with applicable law. Upon 
being found in violation of this Title, the party shall forfeit all 
right, title and interest in the items seized which shall become the 
property of the Tribe.

CHAPTER 3 LIQUOR LICENSES

Sec. 22-3101 Power to License and Tax

    The power to establish licenses and levy taxes under the provisions 
of this Title is vested exclusively with the Tribal Council. The Tribal 
Council has delegated certain authority and responsibilities to the 
Director of Liquor Control and to the Tax Director, each in accordance 
with the express provisions in this Title and Title 7 (Taxation). The 
Tribal Council retains primary responsibility for implementation, 
oversight and enforcement of this Title.

[[Page 46168]]

Sec. 22-3102 Types of Licenses

    There is hereby authorized three categories of Liquor Licenses, as 
follows:

Class I--Retail,
Class II--Special Event, and
Class III--Distributor.

Sec. 22-3103 Class I--Retail License Description

    Only one Class I Retail License shall be permitted under this 
Title. Such license shall be approved subject to the Director's 
determination, with the concurrence of the Tribal Council, that all of 
the conditions set forth at Section 22-3108 have been fully satisfied.
    Upon recommendation of the Director, the Tribal Council may, on or 
following the Effective Date, issue a Class I--Retail License to the 
business operation of the Tribe known as the ``Spirit Lake Casino & 
Resort.'' The Class I--Retail License shall entitle the Tribal Entity 
to sell at retail in restaurants, bars, and other areas designated by 
Regulation, any Alcoholic Beverages permitted hereunder. All such sales 
shall be strictly limited to the physical area defined herein as the 
Tribal Entity. All purchases, deliveries and retail sales of Alcoholic 
Beverages on the Tribal Entity shall be in strict compliance with this 
Title, the terms of the Liquor License and the Regulations promulgated 
hereunder.

Sec. 22-3104 Class II--Special Event License Description

    Upon (i) request of the General Manager of the Casino Enterprise or 
his designee, and recommendation of the Director, a Class II--Special 
Event License may be issued by the Tribal Council to the Qualified 
Sponsor of a Special Event. The duration of such license shall be 
established at the time of issuance; provided, however, the duration 
shall not be longer than five (5) days. The license shall entitle the 
Qualified Sponsor to sell at retail the type(s) of Alcoholic Beverages 
specified in the license. All Alcoholic Beverage sales approved under 
the terms of the Class II--Special Event License shall comply in all 
respects with this Title and the Regulations promulgated hereunder. All 
intoxicating beverages and all service employees for an event granted a 
Class II license shall be provided by a Tribal Entity. These events 
shall be under the law enforcement jurisdiction of the Tribe pursuant 
to Title 3 of the Law & Order Code (Criminal Actions).

Sec. 22-3105 Class III--Distributor License Description

    A Class III--Distributor License may be issued to an applicant who 
(i) is licensed by the State to purchase all forms of Intoxicating 
Liquor and Beer at wholesale and to distribute to retail outlets in the 
State, and (ii) who meets the criteria under this Title and the 
Regulations to sell Intoxicating Liquor and Beer to the Tribal 
Entities.

Sec. 22-3106 Term of Licenses

    The terms of the various Liquor Licenses are as follows:

Class I--Retail: two years;
Class II--Special Events: one to five days; and
Class III--Distributor: two years.

Sec. 22-3107 Procedure for Obtaining Licenses

    (1) The Class I--Retail License authorized hereunder shall be 
issued to Tribal entities subject to a recommendation by the Director 
and a determination by the Tribal Council that said Tribal Entity has 
satisfied the criteria described in Section 22-3108 of this Title.
    (2) A Class II--Special Event License may be issued upon 
recommendation of the Director to an applicant who meets the definition 
of a Qualified Sponsor. The process for application shall be 
established by Regulation and shall include proof that the applicant 
holds all necessary State licenses.
    (3) A Class III--Distributor License may be issued upon 
recommendation of the Director to an applicant who meets the criteria 
for a Distributor. The process for application shall be established by 
Regulation and shall include proof that the Applicant holds all 
necessary State licenses.
    In the event dual Tribal and State licenses are required by State 
law, no Person shall be allowed or permitted to sell, distribute or 
provide Intoxicating Liquor or Beer on Tribal Lands unless such person 
is also licensed by the State, as required, to sell or provide such 
Intoxicating Liquor and Beer.

Sec. 22-3108 Conditions to Issuance of Class I--Retail License

    In addition to requirements established by Regulation and other 
provisions of this Title, Tribal Council may, upon recommendation of 
the Director, issue the Class I--Retail License to the Casino 
Enterprise only after the Tribal Council has determined to its 
satisfaction that the Casino Enterprise has adopted and is prepared to 
implement the following procedures and requirements, as necessary to 
ensure compliance with this Title and the Regulations:
    (1) Security and surveillance procedures ensuring the proper use 
and handling of all forms of Alcoholic Beverages;
    (2) Appropriate revenue and accounting procedures pertaining to the 
purchase and sale of Alcoholic Beverages;
    (3) Inventory control procedures and adequate storage, dispensing, 
service, management, pricing and security measures relating to the 
purchase and sale of Alcoholic Beverages;
    (4) Identification procedures to ensure that no person under the 
age of twenty-one will be served any form of Alcoholic Beverage;
    (5) Procedures ensuring that all aspects of Alcoholic Beverage 
management, purchase and sale comply with Tribal and any applicable 
State laws;
    (6) Casino personnel have received appropriate training relating to 
compliance with this Title and the Regulations, service of Alcoholic 
Beverages, safety, health, revenue management and patron management 
issues;
    (7) The Gaming Commission has reviewed the procedures for Alcoholic 
Beverage sales and has determined that such sales are not in violation 
of any provision of the Tribal-State Compact, the Gaming Code, the 
Gaming Regulations or other applicable law relating to gaming; and
    (8) Such other requirements as the Director and the Tribal Council 
shall impose by regulation.

Sec. 22-3109 Content of Liquor License Application

    (a) No Class II or Class III Liquor License shall issue under this 
Title except upon a sworn Application filed with the Director 
containing a full and complete showing of the following:
    (1) Satisfactory proof that the applicant is licensed by the State 
to sell, distribute, manufacture or transport, as applicable, 
Intoxicating Liquor and/or Beer.
    (2) Agreement by the applicant to accept and abide by Tribal law 
and all conditions of the Tribal license.
    (3) Payment of a license fee as prescribed by the Director.
    (4) Satisfactory proof that the applicant has not been convicted of 
a felony or had his/her/its State license revoked or suspended.
    (5) Satisfactory proof that notice of the Application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least 30 days prior

[[Page 46169]]

to consideration by the Tribal Council and has been published at least 
once in the Tribal newspaper. The notice shall state the date, time, 
and place when the application shall be considered by the Tribal 
Council pursuant to Section 22-3110 of this Title.
    (b) Any holder of a Tribal Liquor License shall be required to 
comply, as a condition of retaining such license, with all applicable 
Tribal laws and regulations.

Sec. 22-3110 Hearing on Application for Tribal Liquor License

    (a) All Applications for a Tribal Liquor License shall, upon 
recommendation of the Director, be considered by the Tribal Council in 
open session at which the applicant, his/her attorney, and any person 
protesting the application shall have the right to be present, and to 
offer sworn oral or documentary evidence relevant to the Application. 
After the hearing, the Tribal Council, by vote and resolution, shall 
determine whether to grant or deny the Application based on:
    (1) Whether the requirements of this Title and the Regulations have 
been met; and
    (2) Whether the Director, with the approval of the Tribal Council, 
in its discretion, determines that granting the license is in the best 
interest of the Tribe.
    (b) In the event the applicant for the Class II--Special Event 
License is a duly authorized representative of the Tribal Entities, the 
requirements of this Section may be modified upon a showing by the 
applicant that all safety, health, security, inventory control, 
management and other matters pertaining to the Special Event conform in 
all respects with this Title and the Regulations.

Sec. 22-3111 License Fees

    The fee schedule for Liquor Licenses shall be established by the 
Director with the approval of the Tribal Council.

Sec. 22-3112 License Not a Property Right

    Notwithstanding any other provision of this Title, a Tribal Liquor 
License is a mere permit for a fixed duration of time. A Tribal Liquor 
License shall not be deemed a property right or vested right of any 
kind, nor shall the granting of a Tribal Liquor License give rise to a 
presumption of legal entitlement to a license in a subsequent time 
period.

Sec. 22-3113 No Transfer or Assignment

    No Tribal Liquor License issued under this Title may be assigned or 
transferred without the prior written approval of the Tribal Council, 
as expressed by formal resolution.

Sec. 22-3114 Revocation of License

    Upon recommendation of the Director, the Tribal Council may revoke 
a Liquor License for reasonable cause upon notice and hearing at which 
the licensee shall be given an opportunity to respond to any charges 
against it and to demonstrate why the Liquor License should not be 
suspended or revoked.

CHAPTER 4 REGULATION OF LIQUOR SALES AND DISTRIBUTION

Sec. 22-4101 Retail Sales Limited to Tribal Casino Enterprise

    The retail sale of Intoxicating Liquor on Tribal Lands shall be 
prohibited except for (i) retail sales that comply with this Title and 
(ii) retail sales that occur within the Casino Property.

Sec. 22-4102 Importation and Delivery of Liquor

    No Intoxicating Liquor or Beer may be imported for resale or 
otherwise distributed on Tribal Lands except in conformance with this 
Title.

Sec. 22-4103 Additional Prohibitions

    (1) A person shall not sell or dispense any Alcoholic Beverage on 
the premises covered by the Tribal Liquor License except in conformance 
with the days and hours established by the State during which Alcoholic 
Beverages may be sold at retail for consumption on the premises.
    (2) 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 a motor vehicle or shall have any Alcoholic Beverage 
in his/her possession with intent to sell or distribute without a 
license, shall be guilty of a violation of this Title and shall be 
subject to criminal and/or civil penalties under this Title, the Law 
and Order Code, and the Regulations.
    (3) Any person who sells any form of Intoxicating Liquor or Beer to 
a person apparently under the influence of liquor shall be guilty of a 
violation of this Title and shall be subject to criminal and/or civil 
penalties under this Title, the Law and Order Code, and the 
Regulations.

Sec. 22-4104 Use and Consumption

    All Alcoholic Beverage sales shall be for the personal use and 
consumption of the purchaser while on the Casino property. Resale of 
any Alcoholic Beverage purchased within Tribal Lands is prohibited. Any 
person who is not licensed pursuant to this Title who purchases an 
Alcoholic Beverage within Tribal Lands and sells it, whether in the 
original container or not, shall be guilty of a violation of this Title 
and shall be subject to criminal and/or civil penalties under this 
Title, the Law and Order Code, and the Regulations.

Sec. 22-4105 Cash Sales Only

    All sales of Alcoholic Beverages within Tribal Lands shall be on a 
cash only basis and no credit shall be extended to any person, 
organization, or entity, except that this provision does not prevent 
the use of major credit cards.

Sec. 22-4106 Tribal Sales Tax

    (1) The Tribal Tax Director shall have jurisdiction over all 
matters pertaining to a sales tax on Alcoholic Beverages sold on Tribal 
Lands. The amount of such tax shall be determined by the Tribal Tax 
Director with the approval of the Tribal Council, all in accordance 
with Title 17 (Taxation) of the Code.
    (2) The Tribal Treasurer shall establish a tax revenue account for 
the Tribe. The money received by the Tax Department from the taxes 
imposed by this Title shall be credited by the Treasurer to the tax 
revenue account of the Tribe to be used in the provision of tribal 
governmental services, including, but not limited to health, education, 
safety and welfare.

CHAPTER 5 AGE AND OTHER RESTRICTIONS

Sec. 22-5101 Sales to Persons Under 21

    It shall be unlawful to sell or give any Alcoholic Beverage to any 
person under the age of twenty-one (21) years. Any Person who violates 
this section shall be guilty of a Class 4 Offense as described at 
Section 13-51107 of the Law and Order Code of the Tribe. Violations of 
this Section by persons or entities which are not subject to the 
criminal jurisdiction of the Tribe may, following notice and a hearing, 
be subject to a civil penalty in accordance with the Regulations 
promulgated hereunder. The levy of a civil penalty by the Director 
under this Section is in addition to the power to suspend or revoke any 
Liquor License and to report such violation to the appropriate State 
authorities.

Sec. 22-5102 Purchase, Possession by Minor

    It shall be unlawful for any person under the age of twenty-one 
(21) years to purchase, attempt to purchase or possess or consume any 
form of Alcoholic Beverage, or to misrepresent his age for the purpose 
of purchasing or attempting to purchase such Alcoholic

[[Page 46170]]

Beverage. Any person who violates any of the provisions of this section 
shall be guilty of a Liquor Violation offense as described at Section 
3-7-44 of the Law and Order Code of the Tribe. Violations of this 
Section by persons or entities which are not subject to the criminal 
jurisdiction of the Tribe may, following notice and a hearing, be 
subject to a civil penalty in accordance with the Regulations 
promulgated hereunder. The levy of a civil penalty by the Director 
under this Section is in addition to the power to suspend or revoke any 
license and to report such violation to the appropriate State 
authorities.

Sec. 22-5103 Evidence of Legal Age Demanded

    Upon attempt to purchase any Alcoholic Beverage at a site licensed 
under this Title by any person who appears to the seller to be under 
legal age, such seller shall demand, and the prospective purchaser upon 
such demand, shall present satisfactory evidence that he or she is of 
legal age. Any person under legal age who presents to any seller 
falsified evidence as to his or her age shall be guilty of a Liquor 
Violation offense as described at Section 3-7-44 of the Law and Order 
Code of the Tribe.

CHAPTER 6 JURISDICTION, PENALTIES AND ENFORCEMENT

Sec. 22-6101 Jurisdiction

    All licensees and others who voluntarily enter onto Tribal Lands 
and transact business or otherwise engage in activity governed by this 
Title voluntarily submit to the jurisdiction of the Tribe and the 
personal jurisdiction of the Tribal Court System for purposes of 
enforcement of this Title and the Regulations.

Sec. 22-6102 Civil Penalties

    The Director shall recommend to the Tribal Council a schedule of 
civil penalties and administrative fines as he/she deems necessary for 
the effective enforcement of this Title. Such schedule shall be 
considered and adopted by the Tribal Council in the form of a 
Regulation in accordance with Section 22-2103 of this Title. The 
imposition of any civil penalty or administrative fine shall not limit 
the ability of the Tribal Council, upon recommendation of the Director, 
to suspend or revoke any license issued hereunder for the violation of 
any of the provisions of this Title or the Regulations. The Director 
shall also propose Regulations relating to the process for 
administrative hearings before the Tribal Council. All final 
administrative orders may be appealed to the Tribal Court.

Sec. 22-6103 Criminal Violations

    All criminal violations hereunder shall be prosecuted in accordance 
with laws of the Tribe, and applicable federal law. In the event a 
criminal act is committed by a person over whom the Tribe does not 
exercise criminal jurisdiction, then the matter may be referred to 
appropriate State authorities for prosecution under State law.

CHAPTER 7 USE OF PROCEEDS AND INTERPRETATION

Sec. 22-7101 Application of Proceeds

    The gross proceeds collected by the Director from all licensing 
activities under this Title and from fines imposed as a result of 
violations of this Title, shall be applied as follows:
    (1) First, for the payment of all necessary personnel, 
administrative costs, and legal fees incurred in the enforcement of 
this Title; and
    (2) Second, the remainder shall be deposited in the operating fund 
of the Tribe and expended by the Tribal Council for governmental 
services and programs on Tribal Lands.

Sec. 22-7102 Consistency with State Law

    All provisions and transactions under this Title shall be in 
conformity with State law regarding alcohol to the extent required by 
18 U.S.C. 1161 and with all federal laws regarding alcohol in Indian 
Country, as defined at 18 U.S.C. 1151.

Sec. 22-7103 No Impact on Tribal Sovereignty

    Nothing in this Title shall be implied or interpreted to in any 
manner limit the immunity of the Tribe from uncontested suit or to 
otherwise limit the sovereign status of the Tribe.

Sec. 22-7104 Prior Enactments Repealed

    All prior Tribal enactments, laws, ordinances, resolutions or 
provisions thereof that are repugnant or inconsistent to any provision 
of this Title are hereby repealed.

[FR Doc. 2020-16605 Filed 7-30-20; 8:45 am]
BILLING CODE 4337-15-P