[Federal Register Volume 86, Number 217 (Monday, November 15, 2021)]
[Notices]
[Pages 63053-63059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24770]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[222A2100DD/AASS003600/A0T902020.999900.253G]


Liquor Control Ordinance; Catawba Indian Nation

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the liquor control ordinance of the 
Catawba Indian Nation. The liquor control statute regulates and 
controls the sale, purchase, transportation, manufacture, consumption, 
and possession of alcoholic beverages on the trust lands of the Catawba 
Indian Nation [previously known as Catawba Tribe of South Carolina].

DATES: This Amendment is effective December 15, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Rebecca J. Smith, Tribal Relations 
Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545 
Marriott Drive, Suite 700, Nashville, Tennessee 37214, Telephone: (615) 
564-6711, Fax: (615) 564-6701.

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 ordinances for the purpose of regulating 
liquor transactions in Indian country. The Nation's General Council of 
the Catawba Indian Nation duly adopted the Nation's Alcoholic Beverage 
Control Ordinance on May 1, 2021.
    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 Nation's General Council of the Catawba 
Indian Nation duly adopted by The General Council of the Catawba Indian 
Nation duly adopted the Catawba Indian Nation's Alcoholic Beverage 
Control Ordinance on May 1, 2021.
    The Catawba Indian Nation Alcoholic Beverage Control Ordinance 
reads as follows:

Catawba Indian Nation

Regulation of Alcoholic Beverages

Article 1--General Provisions

Sec. 18B-100.--General Prohibition and Purpose

    (a) This Ordinance is intended to establish a uniform system of 
control over the sale, purchase, transportation, manufacture, 
consumption, and possession of alcoholic beverages on the trust lands 
of the Catawba Indian Nation, and to provide procedures to insure the 
proper administration of the tribal laws regulating alcoholic 
beverages. This Ordinance shall be liberally construed to the end that 
the sale, purchase, transportation, manufacture, consumption, and 
possession of alcoholic beverages shall be prohibited except as 
authorized in this Ordinance.
    (b) The introduction, transportation, sale, or possession of 
intoxicating beverages shall be lawful within the Indian country of the 
Catawba Indian Nation, provided that such introduction, transportation, 
sale or possession conforms in all respects to the laws of both the 
State in which it occurs and the Catawba Indian Nation, as both may be 
amended from time to time. Any Tribal laws, resolutions or ordinances 
heretofore enacted which prohibit the introduction, advertisement, sale 
or possession of intoxicating beverages within the Indian country of 
the Catawba Indian Nation are hereby repealed.

Sec. 18B-101.--Definitions

    As used in this Ordinance, unless the context requires otherwise:
    (1) ``Tribal ABC law'' or ``Tribal ABC laws'' means any provision 
in this Ordinance, and the rules issued by the Commission under the 
authority of this Ordinance.
    (2) ``Tribal ABC permit'' or ``permits'' means any written or 
printed authorization issued by the Commission pursuant to the 
provisions of this Ordinance. Unless the context clearly requires 
otherwise, as in the provisions concerning applications for permits, 
``ABC permit'' or ``permit'' means a presently valid permit.
    (3) ``Alcoholic beverage'' means any beverage containing at least 
one-half of one percent alcohol by volume, including malt beverages, 
unfortified wine, fortified wine, spirituous liquor, and mixed 
beverages.
    (4) [Reserved for future codification purposes.]
    (5) ``Commission'' means the Tribal Alcoholic Beverage Control 
Commission (``TABCC'').
    (6) ``Fortified wine'' means any wine, of more than 16 percent and 
no more than 24 percent alcohol by volume, made by fermentation from 
grapes, fruits, berries, rice, or honey; or by the addition of pure 
cane, beet, or dextrose sugar; or by the addition of pure brandy from 
the same type of grape, fruit, berry, rice, or honey that is contained 
in the

[[Page 63054]]

base wine and produced in accordance with the regulations of the United 
States.
    (7) ``Malt beverage'' means beer, lager, malt liquor, ale, porter, 
and any other brewed or fermented beverage except unfortified or 
fortified wine as defined by this Ordinance, containing at least one-
half of one percent, and not more than 15 percent, alcohol by volume. 
Any malt beverage containing more than six percent alcohol by volume 
shall bear a label clearly indicating the alcohol content of the malt 
beverage.
    (8) ``Mixed beverage'' means either of the following: a. A drink 
composed in whole or in part of spirituous liquor and served in a 
quantity less than the quantity contained in a closed package. b. A 
premixed cocktail served from a closed package containing only one 
serving.
    (9) ``Nontaxpaid alcoholic beverage'' means any alcoholic beverage 
upon which the taxes imposed by the United States, the Catawba Indian 
Nation, or any other territorial jurisdiction in which the alcoholic 
beverage was purchased have not been paid.
    (10) ``Permittee'' means a person who receives a Tribal ABC permit.
    (11) ``Person'' means an individual, firm, partnership, 
association, corporation, limited liability company, other organization 
or group, or other combination of individuals acting as a unit.
    (12) ``Premises'' means any facility licensed hereunder including, 
without limitation, any tribal gaming facility.
    (13) ``Sale'' means any transfer, trade, exchange, or barter, in 
any manner or by any means, for consideration.
    (14) ``Spirituous liquor'' or ``liquor'' means distilled spirits or 
ethyl alcohol, including spirits of wine, whiskey, rum, brandy, gin and 
all other distilled spirits and mixtures of cordials, liqueur, and 
premixed cocktails, in closed containers for beverage use regardless of 
their dilution.
    (15) [Reserved for future codification purposes.]
    (16) ``Unfortified wine'' means any wine of 16 percent or less 
alcohol by volume made by fermentation from grapes, fruits, berries, 
rice, or honey; or by the addition of pure cane, beet, or dextrose 
sugar; or by the addition of pure brandy from the same type of grape, 
fruit, berry, rice, or honey that is contained in the base wine and 
produced in accordance with the regulations of the United States.

Sec. 18B-102.--Manufacture, Sale, etc., Forbidden Except as Expressly 
Authorized

    (a) General prohibition. It shall be a violation for any person to 
manufacture, sell, transport, import, deliver, furnish, purchase, 
consume, or possess any alcoholic beverages except as authorized by the 
Tribal ABC law.
    (b) Violation. Unless a different punishment is otherwise expressly 
stated, any person who violates any provision of this Ordinance shall 
be subject to a civil fine in an amount not less than $250 and not more 
than $5,000 for each violation.

Secs. 18B-103, 18B-104.--Reserved

Sec. 18B-105.--Advertising

    General Rule. No person shall advertise alcoholic beverages on 
Tribal trust land except in compliance with the rules of the 
Commission.

Secs. 18B-106--18B-108.--Reserved

Sec. 18B-109.--Shipping of Products for Resale

    No person shall have malt beverages or unfortified wine shipped 
directly from a point outside the state to a destination within the 
Catawba Indian Nation for resale within the Indian country of the 
Catawba Indian Nation.

Sec. 18B-110.--Emergency

    When the Chief of the Catawba Indian Nation finds that a ``state of 
emergency,'' as defined by Tribal law, exists anywhere on Tribal land, 
he may order the cessation of all sales, transportation, manufacture, 
and bottling of alcoholic beverages.
    The Chief's order shall apply in those portions of Tribal land 
designated in the order, for the duration of the state of emergency. 
Any order by the Chief under this section shall be directed to the 
Chairman of the Commission.

Sec. 18B-111.--Nontaxpaid Alcoholic Beverages

    No person may possess, transport, or sell nontaxpaid alcoholic 
beverages except as authorized by the Tribal ABC law.

Sec. 18B-112.--Tribal Alcoholic Beverage Control

    (a) The Tribal Alcoholic Beverage Control Commission shall possess 
the same powers and authority within the Indian country of the Catawba 
Indian Nation as conveyed upon state administrative agencies that 
regulate alcoholic beverages.
    (b) Alcoholic beverages which may be sold. No alcoholic beverage 
may be sold on Indian country lands under the jurisdiction of the 
Catawba Indian Nation pursuant to this section which has not been 
approved for sale in the state in which the sale occurs.
    (c) Establishment of a Tribal Commission. The Tribal Commission 
shall have authority to issue ABC permits to retail and commercial 
establishments, located wholly within the Indian country of the Catawba 
Indian Nation, and to regulate the purchase, possession, consumption, 
sale, and delivery of alcoholic beverages at permitted outlets and 
premises. The fees generated by the Tribal Alcoholic Beverage Control 
Commission for the issuance of retail permits may be retained by the 
Catawba Indian Nation to offset costs of operating the Tribal Alcoholic 
Beverage Control Commission.
    (d) Establishment of rules. The Tribal Alcoholic Beverage Control 
Commission shall adopt state rules regulating retail outlet activity as 
may be required under applicable law, and such rules may be site-
specific.
    (e) Recognition of Applicable State Authority. The Tribal Alcoholic 
Beverage Control Commission has the authority to enter into agreements 
with states to provide for the sale, delivery, and distribution of 
spirituous liquor to the Tribal Alcoholic Beverage Control Commission. 
When required and able to do so under applicable law, the Tribal 
Alcoholic Beverage Control Commission shall purchase spirituous liquor 
for resale by the Tribal Alcoholic Beverage Control Commission 
exclusively from the state or state-approved vendors at the same price 
and on the same basis that such spirits are purchased by local 
entities. To the extent there is a conflict between the Tribal 
Alcoholic Beverage Control Commission's authority or purpose and the 
state's authority or purpose, the state's authority or purpose shall 
prevail, to the extent there is no conflict of law as provided in 
subsection (i) below.
    (f) Discrimination. The Tribal Alcoholic Beverage Control 
Commission shall not discriminate against non-Indians in the 
application of the Tribal ABC law. Non-Indians shall be entitled to 
apply for and receive ABC permits in the same manner as an Indian on 
Indian country lands under the jurisdiction of the Catawba Indian 
Nation.
    (g) Resolution of Contested Cases. If the Tribal Alcoholic Beverage 
Control Commission levies a fine, or suspends or revokes a permit 
pursuant to applicable law for a violation of the provisions applicable 
to the Catawba Indian Nation in this section, the permittee shall have 
the right of appeal of an agency final decision of the Tribal

[[Page 63055]]

Commission to the Tribal Courts, if formed at the time of the 
Commission's final decision. Any further appeal shall be to the 
appellate courts of the Nation, if formed. In the absence of a Tribal 
Court, appeal shall be had to the Executive Committee, the results of 
which appeal shall be final. All fines paid to the Tribal Commission in 
satisfaction of any penalty assessed by the Tribal Commission may be 
retained by the Catawba Indian Nation to offset costs of operating the 
Tribal Alcoholic Beverage Control Commission.
    (h) Failure to comply with state law. The Nation shall conform to 
future amendments to state law as may be required by 18 U.S.C. 1161.
    (i) Conflict of laws. The Nation does not believe any provision of 
this Ordinance or the application of any related state law presents a 
conflict with federal law. In the event such conflict arises, this 
Ordinance shall be interpreted in a manner that resolves the conflict 
in favor of applicable federal law.

Secs. 18B-113--18B-119.--Reserved

Sec. 18B-120.--Additional Definitions

    As used in this Article:
    (1) ``Aggrieved party'' means a person who sustains an injury as a 
consequence of the actions of the underage person, but does not include 
the underage person or a person who aided or abetted in the sale or 
furnishing to the underage person.
    (2) ``Injury'' includes, but is not limited to, personal injury, 
property loss, loss of means of support, or death. Damages for death 
shall be determined by the Court. Nothing in subdivision (1) of this 
section shall be interpreted to preclude recovery under this Article 
for loss of support or death on account of injury to or death of the 
underage person or a person who aided or abetted in the sale or 
furnishing to the underage person.
    (3) ``Underage'' person means a person who is less than the age 
legally required for purchase of the alcoholic beverage in question.
    (4) ``Vehicle'' shall have the same meaning as prescribed by North 
Carolina G.S Sec.  20-4.01(49).

Sec. 18B-121.--Claim for Relief Created for Sale to Underage Person

    An aggrieved party has a claim for relief for damages, in the 
Nation's courts, if formed, against a permittee if:
    (1) The permittee or his agent or employee negligently sold or 
furnished an alcoholic beverage to an underage person; and
    (2) The consumption of the alcoholic beverage that was sold or 
furnished to an underage person caused or contributed to, in whole or 
in part, an underage driver's being subject to an impairing substance, 
as defined in the laws of the state where the beverage was sold or 
furnished, at the time of the injury; and
    (3) The injury that resulted was proximately caused by the underage 
driver's negligent operation of a vehicle while so impaired.

Sec. 18B-122.--Burden of Proof and Admissibility of Evidence

    The plaintiff shall have the burden of proving that the sale or 
furnishing of the alcoholic beverage to the underage person, as 
defined, was, under the circumstances, negligent. Proof of the sale or 
furnishing of the alcoholic beverage to an underage person, as defined, 
without request for identification shall be admissible as evidence of 
negligence. Proof of good practices (including but not limited to, 
instruction of employees as to laws regarding the sale of alcoholic 
beverages, training of employees, enforcement techniques, admonishment 
to patrons concerning laws regarding the purchase or furnishing of 
alcoholic beverages, or detention of a person's identification 
documents in accordance with Section 18B-129 and inquiry about the age 
or degree of intoxication of the person), evidence that an underage 
person misrepresented his age, or that the sale or furnishing was made 
under duress is admissible as evidence that the permittee was not 
negligent.

Sec. 18B-123.--Limitation on Damages

    The total amount of damages that may be awarded to all aggrieved 
parties pursuant to any claims for relief under this Article is limited 
to no more than $500,000.00 per occurrence. When all claims arising out 
of an occurrence exceed $500,000.00, each claim shall abate in the 
proportion it bears to the total of all claims.

Sec. 18B-124.--Joint and Several Liability

    The liability of the negligent driver or owner of the vehicle that 
caused the injury and the permittee which sold or furnished the 
alcoholic beverage shall be joint and several, with right of 
contribution but not indemnification.

Sec. 18B-125.--Reserved

Sec. 18B-126.--Statute of Limitations

    The statute of limitations is three years from the date of the 
injury.

Secs. 18B-127, 18B-128.--Reserved

Sec. 18B-129.--No Liability for Refusal to Sell or for Holding 
Documents

    (a) No permittee or his agent or employee may be held liable for 
damages resulting from the refusal to sell or furnish an alcoholic 
beverage to a person who fails to show proper identification as 
described in Section 18B-302(d), or who appears to be an underage 
person.
    (b) No permittee or his agent or employee may be held civilly 
liable if the permittee or his agent or employee holds a customer's 
identification documents for a reasonable length of time in a good 
faith attempt to determine whether the customer is of legal age to 
purchase an alcoholic beverage, provided the permittee or his agent or 
employee informs the customer of the reason for his actions.

Secs. 18B-130--18B-199.--Reserved

Article 2--Administration

Sec. 18B-200.--Tribal Alcoholic Beverage Control Commission

    (a) Creation of Commission; compensation. The Tribal Alcoholic 
Beverage Control Commission shall consist of at least three members: 
One Chairman and two associate members. The Commissioners shall receive 
compensation and benefits at a level determined by Executive Committee 
resolution. This compensation shall be included in the Commission's 
annual budget. Commissioners shall be reimbursed for actual expenses 
incurred on Commission business, including necessary travel expenses.
    (b) Appointment of members. Members of the Commission shall be 
nominated by the Chief and confirmed by the Executive Committee by 
written resolution. Each member's term shall begin on the date of such 
resolution. At least one seat must be filled by a Catawba citizen.
    (c) Nominees to the Commission shall be selected on the basis of 
their commitment to the interests and goals of the Commission without 
forgetting the interests of the Catawba Indian Nation community, their 
preparedness to assume responsibility for the decisions of the 
Commission and to ensure that said decisions are implemented, and their 
willingness to devote the time and energy necessary to familiarize 
themselves with the strategic, financial and operational issues facing 
the Commission.
    (d) Terms of members. Commission member shall initially serve for 
one, two, and three-year terms. Thereafter, each Commission member 
shall serve

[[Page 63056]]

for a three-year term. The Commissioner shall elect their own officers 
at the start of each fiscal year. A Commission member may be removed 
for cause by a majority vote of the Executive Committee. Nothing in 
this ordinance shall be construed to preclude a member of the 
Commission from serving successive terms.
    (e) Vacancy. The Chief shall fill any vacancy on the Commission by 
appointing a successor within 30 days after the date on which the 
vacancy becomes effective subject to approval by Executive Committee. 
If the Chairman's seat becomes vacant, the Vice Chairman shall 
immediately assume the Chairman's seat and complete the remaining term 
of the vacating Chairman. A new member of the Commission will be 
appointed by the Chief, subject to approval by Executive Committee, to 
complete the remaining term of the former Vice Chairman. The Commission 
will then elect a new Vice Chairman.
    (f) Employees. The chairman is authorized to employ, discharge, and 
otherwise supervise subordinate personnel of the Commission.
    (g) Independence. The Commission shall be an independent agency. No 
prior or subsequent review by the Chief, Executive Committee, the 
Nation's Gaming Commission or the Nation's gaming enterprises shall be 
required or permitted, except as otherwise explicitly provided in this 
ordinance.
    (h) Sovereign Immunity of the Commission. The Commission, as an 
instrumentality of the Nation, retains all of the Nation's rights, 
privileges and immunities, including sovereign immunity from suit.
    (i) Oath of Office. Prior to beginning their official duties, each 
member of the Commission shall take the following oath before some 
officer authorized to administer oaths: ``I do solemnly swear (or 
affirm) that I will faithfully execute the duties of Commissioner as a 
member of the Tribal Alcoholic Beverage Control Commission and will to 
the best of my ability, preserve, protect and defend the constitution 
and governing document and laws confirmed and ratified by the enrolled 
members of the Catawba Indian Nation. I do solemnly swear (or affirm) 
that I have not obtained my appointment to this Commission by bribery 
or any undue or unlawful means or fraud, and that in all measures which 
may come before me, I will so conduct myself as in my judgment shall 
appear most conductive to the interest and prosperity of the Catawba 
Indian Nation.''
    (j) All Commissioners will be subject to initial and subsequent 
random drug testing per the Tribal personnel policy. Refusal to submit 
to any drug testing or a positive test result shall result in an 
immediate dismissal from the Commission. Drug testing shall be paid 
from the annual budget of the Commission.
    (k) All Commissioners are subject to the same criminal background 
checks as members of the Nation's Gaming Commission. Each Commissioner 
is required to update their information.

Sec. 18B-201.--Conflict of Interest

    (a) Financial interests restricted. No person shall be appointed to 
or employed by the Commission if that person or a member of that 
person's family related to that person by blood or marriage to the 
first degree has or controls, directly or indirectly, a financial 
interest in any commercial alcoholic beverage enterprise, including any 
business required to have a Tribal ABC permit. The Commission may 
exempt from this provision any person, other than a Commission member, 
when the financial interest in question is so insignificant or remote 
that it is unlikely to affect the person's official actions in any way. 
Exemptions may be granted only to individuals, not to groups or classes 
of people, and each exemption shall be in writing, be available for 
public inspection, and contain a statement of the financial interest in 
question. For purposes of this Section 18B-201, Tribal membership and 
the receipt of benefits from the Nation as a citizen shall not be 
construed as a ``financial interest.''
    (b) Self-dealing. The Commission shall not contract or otherwise 
deal in any business matter so that a member in any way benefits, 
directly or indirectly, from the transaction.
    (1) No Commission member may have a financial interest in any 
operation or entity licensed, permitted, or otherwise authorized 
pursuant to this ordinance. However, nothing in this section shall 
prohibit any Commission member from having a financial interest as 
would any citizen of the Nation, if entitled to such interest as a 
citizen of the Nation.
    (2) No Commission member shall accept any gift or other thing of 
value from any applicant, licensee, or permittee under this ordinance, 
except for non-monetary gifts of insignificant value received in the 
ordinary course of business or food and refreshments customarily made 
available in the ordinary course of meetings.
    (c) Dealing for family members. Neither the Commission shall 
contract or otherwise deal in any business matter so that a member's 
spouse or any person related to him by blood to a degree of first 
cousin or closer in any way benefits, directly or indirectly, from the 
transaction unless:
    (1) The member whose relative benefits from the transaction 
abstains from participating in any way, including voting, in the 
decision;
    (2) The minutes of the meeting at which the final decision is 
reached specifically note the member whose spouse or relative is 
benefited and the amount involved in each transaction; and
    (3) The next annual audit of the Commission or local board 
specifically notes the member and the amount involved in each 
transaction occurring during the year covered by the audit.

Sec. 18B-202.--Reserved

Sec. 18B-203.--Powers and Duties of the Commission

    (a) Powers. The Commission shall have authority to:
    (1) Administer the Tribal ABC laws;
    (2) Provide for enforcement of the Tribal ABC laws, in conjunction 
with state regulatory authorities;
    (3) Issue ABC permits as allowed under this Ordinance;
    (4) Adopt rules and procedures for the issuance and enforcement of 
ABC permits;
    (5) Administer an annual budget with said budget to be approved 
annually by the Executive Committee;
    (6) Act as the distributor of all alcohol on Tribal trust lands. 
Spirituous liquor and fortified wine shall be purchased by TABCC 
according to applicable law. Malt beverages and unfortified wine shall 
be purchased from state-authorized distributors and may be 
redistributed from a TABCC warehouse or authorized to be delivered 
directly to TABCC authorized permittee, within the Indian country of 
the Catawba Indian Nation if authorized to do so under applicable law; 
and
    (7) Issue any retail ABC license or permit issued by state 
regulatory agencies, including a temporary license or permit. Negotiate 
and enter into contract with state regulatory agencies for purchase of 
spirituous liquor and fortified wine; and
    (8) Adopt fiscal control rules concerning the borrowing of money, 
maintenance of working capital, investments, appointment of a financial 
officer, the daily deposit of funds and any other rules necessary to 
assure the proper accountability of public funds.
    (b) Implied powers. The Commission shall have all other powers 
which may be reasonably implied from the granting of the express powers 
stated in subsection (a), or which may be

[[Page 63057]]

incidental to, or convenient for, performing the duties given to the 
Commission.

Sec. 18B-204.--Reserved

Sec. 18B-205.--Accounts, Reports and Audits Required

    (a) Accounts and reports. The Commission shall be required to 
submit to Executive Committee and to the Chief such reports as may be 
required by Executive Committee.
    (b) Annual independent audit. The Commission shall engage 
independent auditors for annual audits of its internal operations. Such 
independent audits must apply generally accepted accounting principles.

Secs. 18B-206--18B-299.--Reserved

Article 3--Sale, Possession, and Consumption

Sec. 18B-300.--Purchase, Possession and Consumption of Malt Beverages, 
Fortified and Unfortified Wine, Mixed Beverages and Spirituous Liquors

    Generally. Except as otherwise provided in this Ordinance, the 
purchase, consumption, and possession of malt beverages, fortified and 
unfortified wine, mixed beverages and spirituous liquors by individuals 
21 years old and older for their own use is permitted upon any licensed 
Premises without restriction. All alcoholic beverages sold upon any 
licensed Premises must be consumed or disposed of upon these premises. 
No off-premises sale of alcoholic beverages from a permittee is 
allowed.

Sec. 18B-301.--Reserved

Sec. 18B-302.--Sale to or Purchase by Underage Persons

    (a) Sale. It shall be a violation for any person to:
    (1) Sell malt beverages or unfortified wine to anyone less than 21 
years old; or
    (2) Sell fortified wine, spirituous liquor, or mixed beverages to 
anyone less than 21 years old.
    (a1) Give. It shall be a violation for any person to:
    (1) Give malt beverages or unfortified wine to anyone less than 21 
years old; or
    (2) Give fortified wine, spirituous liquor, or mixed beverages to 
anyone less than 21 years old.
    (b) Purchase, possession, or consumption. It shall be a violation 
for:
    (1) A person less than 21 years old to purchase, to attempt to 
purchase, or to possess malt beverages or unfortified wine; or
    (2) A person less than 21 years old to purchase, to attempt to 
purchase, or to possess fortified wine, spirituous liquor, or mixed 
beverages; or
    (3) A person less than 21 years old to consume any alcoholic 
beverage.
    (c) Aider and abettor.
    (1) By underage person. Any person who is under the lawful age to 
purchase and who aids or abets another in violation of subsection (a), 
(a1), or (b) of this section shall be in violation of this ordinance.
    (2) By person over lawful age. Any person who is over the lawful 
age to purchase and who aids or abets another in violation of 
subsection (a), (a1), or (b) of this section shall be in violation of 
this ordinance.
    (d) Defense. It shall be a defense to a violation of subsection (a) 
of this section if the seller:
    (1) Shows that the purchaser produced a tribal identification card, 
state identification card, a military identification card, or a 
passport, showing his age to be at least the required age for purchase 
and bearing a physical description of the person named on the card 
reasonably describing the purchaser; or
    (2) Produces evidence of other facts that reasonably indicated at 
the time of sale that the purchaser was at least the required age.
    (e) Fraudulent use of identification. It shall be a violation for 
any person to enter or attempt to enter a place where alcoholic 
beverages are sold or consumed, or to obtain or attempt to obtain 
alcoholic beverages, or to obtain or attempt to obtain permission to 
purchase alcoholic beverages, in violation of subsection (b) of this 
section, by using or attempting to use any of the following:
    (1) A fraudulent or altered driver's license.
    (2) A fraudulent or altered identification document other than a 
driver's license.
    (3) A driver's license issued to another person.
    (4) An identification document other than a driver's license issued 
to another person.
    (5) Any other form or means of identification that indicates or 
symbolizes that the person is not prohibited from purchasing or 
possessing alcoholic beverages under this section.
    (f) Allowing use of identification. It shall be a violation for any 
person to permit the use of the person's driver's license or any other 
form of identification of any kind issued or given to the person by any 
other person who violates or attempts to violate subsection (b) of this 
section.
    (g) Report sent to Division of Motor Vehicles. The Commission shall 
file a report with the appropriate state Division of Motor Vehicles 
indicating the name of the person found to have violated this section 
and any other information requested by the Division if the person is 
found to have committed any of the following violations:
    (1) A violation of subsection (e) or (f) of this section.
    (2) A violation of subsection (c) of this section.
    (3) A violation of subsection (b) of this section, if the violation 
occurred while the person was purchasing or attempting to purchase an 
alcoholic beverage.
    (4) A violation of subsection (a1) of this section.
    (h) Handling in course of employment. Nothing in this section shall 
be construed to prohibit an underage person from selling, transporting, 
possessing or dispensing alcoholic beverages in the course of 
employment, if the employment of the person for that purpose is lawful 
under applicable youth employment statutes and Commission rules.

Sec. 18B-302.1.--Penalties for Certain Offenses Related to Underage 
Persons

    (a) A violation of Section 18B-302(a) or (a1). A person found to 
have violated Section 18B-302(a) or (a1) must pay a fine of at least 
$250.00, with the amount of such fine increasing by $250 for all prior 
violations incurred during the preceding two years from the date of the 
violation.
    (b) A violation of Section 18B-302(c)(2). A person found to have 
violated Section 18B-302(c)(2) must pay a fine of at least $500.00, 
with the amount of such fine increasing by $500 for all prior 
violations incurred during the preceding three years from the date of 
the violation.

Secs. 18B-303, 18B-304.--Reserved

Sec. 18B-305.--Other Prohibited Sales

    (a) Sale to intoxicated person. It shall be a violation for a 
permittee or his employee to knowingly sell or give alcoholic beverages 
to any person who is intoxicated.
    (b) Discretion for seller. Any person authorized to sell alcoholic 
beverages under this Ordinance may, in his discretion, refuse to sell 
to anyone. It shall be a violation for any person to knowingly buy 
alcoholic beverages for someone who has been refused the right to 
purchase under this subsection.
    (c) Notwithstanding subsection (b) of this section, no permittee 
may refuse to sell alcoholic beverages to a person

[[Page 63058]]

solely based on that person's race, religion, color, national origin, 
sex, or disability.

Sec. 18B-306.--Sale and Consumption at Casinos and Hotels

    It shall be lawful to possess and consume any alcoholic beverage 
that is purchased in any room of a licensed casino while a casino game, 
raffle game or bingo game is being conducted in that room so long as 
all Class II and Class III games being conducted are within the lawful 
authority of the Indian Gaming Regulatory Act (IGRA) and the federally 
approved Tribal-state compact and all amendments thereto.

Secs. 18B-307--18B-399.--Reserved

Article 4--Reserved

Article 5--Enforcement

Sec. 18B-500.--Tribal Alcohol Enforcement Agents

    (a) Appointment. The TABCC may appoint a Chief Tribal alcohol 
enforcement agent. The Chair of the TABCC or the Chair's designee shall 
have the authority to supervise day-to-day activities of the Chief 
alcohol law-enforcement agent or the Chair's designee. The Chief Tribal 
alcohol enforcement agent may appoint, with the approval of the TABCC, 
Tribal alcohol law-enforcement agents and other enforcement personnel. 
Tribal alcohol law-enforcement agents shall be designated as ``Tribal 
alcohol enforcement agents.''
    (b) Subject matter jurisdiction. After taking the oath prescribed 
for a peace officer, a Tribal alcohol enforcement agent shall have 
authority to take all investigatory actions and refer any criminal 
offenses to appropriate law enforcement authorities for further 
investigation and prosecution.
    (c) Territorial jurisdiction. A Tribal alcohol enforcement agent is 
a Tribal officer with jurisdiction throughout the Indian country of the 
Catawba Indian Nation.
    (d) Service of commission orders. Tribal alcohol enforcement agents 
may serve and execute notices, orders, or demands issued by the TABCC 
for the surrender of permits or relating to any administrative 
proceeding. While serving and executing such notices, orders, or 
demands, alcohol law-enforcement agents shall have all the power and 
authority to request the assistance of appropriate law enforcement 
authorities in the event criminal conduct is suspected and arrests are 
anticipated.

Secs. 18B-501--18B-599.--Reserved

Article 6--Reserved

Article 7--Sales

Sec. 18B-700--Retail Sale of Alcoholic Beverages

    Spirituous liquor, fortified and unfortified wine and malt 
beverages may be offered for retail sale only under the provisions of a 
permit issued by TABCC as authorized by the provisions of this 
ordinance. TABCC shall operate any retail spirituous and fortified wine 
store that may in the future be authorized. TABCC shall also be 
authorized to operate a retail malt beverage and unfortified wine 
store, subject to applicable law.

Secs. 18B-701--18B-799.--Reserved

Article 8--Operation of ABC Warehouse

Sec. 18B-800.--Purchase From State Until Tribe Establishes Wholesale 
Distribution System

    All alcoholic beverages authorized to be sold shall be purchased by 
the permittee from TABCC or as directed by TABCC.

Secs. 18B-801--18B-803.--Reserved

Sec. 18B-804.--Alcoholic Beverage Pricing

    The uniform pricing of spirits sold to permittees and the public 
shall be the same uniform price as published by state law, if required 
under applicable law. Where a tax or markup is imposed in this section, 
the TABCC is authorized to impose the same tax or markup as a Tribal 
tax or markup, where appropriate, and to utilize such tax or markup in 
operations of TABCC and profits after operation shall be distributed as 
determined by the Executive Committee.

Secs. 18B-805--18B-899.--Reserved

Article 9--Issuance of Permits

Sec. 18B-900.--Nation's Gaming Enterprises Eligible for ABC Permit

    The Nation's gaming enterprises shall be eligible to receive and to 
hold a Tribal ABC permit for the retail sale of alcoholic beverages on 
the premises of the Kings Mountain gaming facility and all additional 
gaming facilities authorized by the Commission. At the request of the 
Nation's gaming enterprises, TABCC is authorized to issue a permit to a 
contracted or leased facility providing a service for the Nation's 
gaming enterprises on the premises of Kings Mountain facilities.

Secs. 18B-901--18B-999.--Reserved

Article 10--Retail Activity

Secs. 18B-1000--18B-1003.--Reserved

Sec. 18B-1004.--Hours for Sale and Consumption

    It shall be a violation of this Ordinance to sell alcoholic 
beverages on any licensed premises during hours when such sales are 
prohibited by either TABCC regulations or prevailing state law.

Sec. 18B-1005.--Conduct on Licensed Premises

    (a) Certain conduct. It shall be a violation for a permittee or his 
agent or employee to knowingly allow any of the following kinds of 
conduct to occur on his licensed premises:
    (1) Any violation of this Ordinance;
    (2) Any unsanctioned fighting or other disorderly conduct that can 
be prevented without undue danger to the permittee, his employees or 
patrons; or
    (3) Any violation of the controlled substances or prostitution 
statutes, or any other unlawful acts.
    (b) Supervision. It shall be a violation for a permittee to fail to 
superintend in person or through a manager the business for which a 
permit is issued.

Sec. 18B-1006.--Reserved

Sec. 18B-1007.--Additional Requirements for Mixed Beverages Permittees

    (a) Handling bottles. It shall be a violation for a mixed beverages 
permittee or the permittee's agent or employee to do any of the 
following:
    (1) Store any other spirituous liquor with liquor possessed for 
resale in mixed beverages or from a guest room cabinet.
    (2) Refill any spirituous liquor container having a mixed beverages 
tax stamp with any other alcoholic beverage or add to the contents of 
such a container any other alcoholic beverage.
    (3) Transfer from one container to another a mixed beverages tax 
stamp.
    (4) Possess any container of spirituous liquor not bearing a mixed 
beverages tax stamp, except for containers being brought onto the 
premises by the host of a private function under a special occasion 
permit.
    (b) Price list. Each mixed beverages permittee shall have available 
for its customers the printed prices of the most common or popular 
mixed beverages offered for sale by the permittee.

[[Page 63059]]

Article 11--Amendments

Sec. 18B-1100.--Approval Process; Authority of the Executive Committee 
To Amend This Ordinance

    In approving this Ordinance for the regulation of alcoholic 
beverages, the General Council hereby expressly authorizes the 
Executive Committee to amend as necessary the provisions of this 
Ordinance, without the need for further review or approval by the 
General Council, to address issues raised by the federal government in 
order to secure the Ordinance's approval and as necessary to obtain the 
applicable regulatory approvals, and such amendments shall be fully 
incorporated herein and shall be binding upon the Nation in accordance 
with their terms. If the Executive Committee exercises this authority 
to amend this Ordinance it shall thereafter inform the General Council 
of those amendments no later than the next meeting of the General 
Council.

Bryan Newland,
Assistant Secretary--Indian Affairs.
[FR Doc. 2021-24770 Filed 11-12-21; 8:45 am]
BILLING CODE 4337-15-P