[Federal Register Volume 87, Number 49 (Monday, March 14, 2022)]
[Notices]
[Pages 14281-14285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05344]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[223A2100DD/AAKC001030/A0A501010.999900]


Metlakatla Indian Community, Annette Islands Reserve; Alcohol 
Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Alcohol Control Ordinance of the 
Metlakatla Indian Community, Annette Islands Reserve. The Alcohol 
Control Ordinance is to regulate and control the possession, sale, 
manufacture, and distribution of alcohol in conformity with the laws of 
the State of Alaska for the purpose of generating new Tribal revenues. 
Enactment of this statute 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 code shall become effective March 14, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 
Northeast 11th Avenue, Portland, Oregon 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. The Metlakatla Indian Community Council 
duly adopted the Metlakatla Indian Community, Annette Islands Reserve 
Alcohol Control Ordinance via Resolution 21-57 on November 23, 2021.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the

[[Page 14282]]

Assistant Secretary--Indian Affairs. I certify that the Metlakatla 
Indian Community Council duly adopted by Resolution the Metlakatla 
Indian Community, Annette Islands Reserve Alcohol Control Ordinance by 
Resolution No. 21-57 dated November 23, 2021.

Bryan Newland,
Assistant Secretary--Indian Affairs.

TITLE FOUR CIVIL CODE

CHAPTER 12

ALCOHOL CONTROL ORDINANCE

SECTION FOUR.12.1 TITLE.
    This Ordinance shall be known as the Metlakatla Indian Community 
Alcohol Control Ordinance. This Ordinance may be referred to as the 
``Alcohol Control Ordinance.''
SECTION FOUR.12.2 PURPOSE AND AUTHORITY.
    A. The purpose of this Ordinance is to regulate and control the 
possession and sale of alcohol within the Community's territory, as 
specifically authorized and approved by Tribal Council resolution under 
Article IV, Section 1 of the Metlakatla Indian Community's 
Constitution. The authority for enactment of this Ordinance is as 
follows:
    1. The Act of August 15, 1953, (Publ. L. 83-277, 67 Stat. 586, 
codified at 18 U.S.C. 1161), which provides a federal statutory basis 
for the Community to regulate the activities of the manufacture, 
distribution, sale and consumption of alcohol on Indian lands under the 
jurisdiction of the Community, so long as such ordinance is in 
conformance with the laws of the State of Alaska; and
    2. Article IV, Section 1 of the Constitution of the Metlakatla 
Indian Community, which vests the Tribal Council with legislative and 
administrative authority, and otherwise empowers the Tribal Council to 
act for the Community.
SECTION FOUR.12.3 DEFINITIONS.
    A. As used in this Ordinance, the following words or phrases shall 
have the following meaning unless the context clearly requires 
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 of this substance.
    2. ``Alcoholic Beverage'' means a spirituous, vinous, malt, or 
other fermented or distilled liquid, whatever the origin, that is 
intended for human consumption as a beverage by the person who 
possesses or attempts to possess it and that contains alcohol in any 
amount if the liquid is produced privately, or that contains one-half 
of one percent or more of alcohol by volume, if the liquid is produced 
commercially.
    3. ``Bar'' means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises of alcohol, as herein defined.
    4. ``Bottling'' means to put into a bottle, can, or other 
container.
    5. ``Alcohol Control Committee'' for the purposes of this Ordinance 
shall mean the Tribal Council of Metlakatla.
    6. ``Community'' means Metlakatla Indian Community.
    7. ``Liquor'' is synonymous with the term ``Alcoholic Beverage.''
    8. ``Liquor Store'' means any store at which liquor is sold, and 
for the purposes of this Ordinance, includes a store at which only a 
portion of which is devoted to the sale of liquor, wine or beer.
    9. ``Minor'' means any person under the age of 21.
    10. ``Package'' means any container or receptacle used for holding 
alcoholic beverages.
    11. ``Public Place'' includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishment, public buildings, public meeting halls, lobbies, halls 
and dining rooms of hotels, restaurants, theater, gaming facilities, 
entertainment centers, store garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds of character; and all other places of like or similar nature to 
which the general public has right of access, and which are generally 
used by the public. For the purposes of this Ordinance, ``Public 
Place'' shall also include any establishment other than a single family 
home which is designed for or may be used by more than just the owner 
of the establishment.
    12. ``Reserve'' means the Annette Islands Reserve, which is held in 
trust by the United States Government for the benefit of the Community; 
any land located within the exterior boundaries of said reserve; and 
any lands held in trust by the United States for the benefit of the 
Community or held in trust for the benefit of an individual member of 
the Community.
    13. ``Sale'' and ``Sell'' include exchange, barter, and traffic; 
and also include the selling or supplying or distributing by any means 
whatsoever, of alcohol, or of any liquid known or described as beer or 
by any name whatsoever commonly used to describe malt or brewed liquor 
or wine by any person to any person.
    14.''Tribal Council'' means the Metlakatla Indian Community Tribal 
Council.
    B. So long as the definitions are consistent with tribal or federal 
law, the terms used in this ordinance shall have the same meaning as 
defined in Title 4, Alaska Statutes, Chapter 21, and as defined in 
Title 3, Alaska Administrative Code, Chapter 304.
    C. References in this Ordinance to federal and Alaska state law 
shall be those laws and regulations in effect as of March 7, 2017. 
Subsequent changes in those laws and regulations shall be considered 
incorporated into this Ordinance and effective unless the Community or 
the Tribal Council amends this Ordinance.
SECTION FOUR.12.4 CONFORMITY TO STATE LAW.
    A. Jurisdiction. The Community will retain sole and exclusive 
jurisdiction over the enforcement of this ordinance. All disputes under 
this ordinance shall be heard by the tribal court.
    B. Statement of Objection. The Community does not agree with the 
alleged authority of the United States or the State of Alaska to 
interfere with the Community's sovereign authority to regulate and 
control of alcohol sales and possession within the Community's 
sovereign boundaries. Accordingly, nothing in this Ordinance shall be 
interpreted as waiving the Community's right and power to challenge 
such authority in any judicial forum of competent jurisdiction, or by 
use of the political process. This Ordinance shall conform with the 
laws of the State of Alaska as required by 18 U.S.C. 1161, and Rice v. 
Rehner, 463 U.S. 713 (1983).
    C. Conformity to State Law. The Metlakatla Indian Community agrees 
to perform in the sale and possession of alcohol in the same manner as 
any other Alaska business entity for the purpose of alcohol licensing 
and regulations, including but not limited to licensing, compliance 
with the regulations of the Alaska State Alcoholic Beverage Control 
Board, and other applicable subjects as the State may address by 
statute or regulation from time to time. Upon final approval of this 
Ordinance the Alcohol Control Committee shall receive a briefing on 
Alaska State Alcoholic Beverage laws and regulations, and shall

[[Page 14283]]

receive an update brief no fewer than once per year.
SECTION FOUR.12.5 CREATION AND POWERS.
    A. The Tribal Council of Metlakatla is hereby designated as the 
``Alcohol Control Committee'' in order to administer and enforce the 
provisions of this ordinance.
    B. The Alcohol Control Committee, in furtherance of the Ordinance, 
shall have the following powers and duties, or may delegate such duties 
by resolution:
    1. To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of alcoholic beverages on the 
Reserve;
    2. To employ managers, accountants, security personnel, inspectors, 
and such other persons as shall be reasonably necessary to allow the 
Alcohol Control Committee to perform its functions. Such employees 
shall be tribal employees;
    3. To issue licenses permitting the sale, manufacture or 
distribution of alcohol on the Community's Reserve;
    4. To hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;
    5. To bring suit in the tribal court to enforce this Ordinance as 
necessary;
    6. To determine and seek damages for violation of this Ordinance;
    7. To make such reports as may be required;
    8. To collect taxes and fees levied or set by the Alcohol Control 
Committee, and to keep accurate records, books and accounts; and
    9. To exercise such other powers as are necessary and appropriate 
to fulfill the purposes of this Ordinance.
    C. The Alcohol Control Committee shall have the authority to 
authorize the sale of alcohol only on those areas of the Community's 
Reserve that have been specifically approved by the Tribal Council, by 
resolution, and under such conditions as may be included in said 
resolution.
SECTION FOUR.12.6 LIMITATION ON POWERS.
    In the exercise of its powers and duties under this Ordinance, the 
Alcohol Control Committee and its individual members shall not accept 
any gratuity, compensation or other thing of value from any alcohol 
wholesaler, retailer, or distributor or from any licensee.
SECTION FOUR.12.7 INSPECTION RIGHTS.
    The premises on which alcohol is sold or distributed shall be open 
for inspection by the Alcohol Control Committee at all reasonable times 
for the purposes of ascertaining whether the rules and regulations of 
this Ordinance are being complied with.
SECTION FOUR.12.8 LICENSE REQUIRED.
    Sales of alcohol and alcoholic beverages on lands within the 
Community's jurisdiction may only be made at businesses which hold a 
Tribal Alcohol License.
SECTION FOUR.12.9 SALES FOR CASH.
    All alcohol sales within the Reserve boundaries 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.
SECTION FOUR.12.10 SALES FOR PERSONAL CONSUMPTION.
    All sales shall be for the personal use and consumption of the 
purchaser. Resale of any alcoholic beverage purchased within the 
exterior boundaries of the Reserve is prohibited. Any person who is not 
licensed according to this Ordinance who purchases an alcoholic 
beverage within the boundaries of the Reserve and sells it, whether in 
the original container or not, shall be guilty of a violation of this 
Ordinance and shall be subjected to paying damages to the Community as 
set forth herein.
SECTION FOUR.12.11 REQUIREMENTS FOR APPLICATION FOR TRIBAL ALCOHOL 
LICENSE.
    A. No individual tribal license shall issue under this Ordinance 
except upon a sworn application filed with the Alcohol Control 
Committee containing a full and complete showing of the following:
    1. Satisfactory proof that the applicant is or will be duly 
licensed by the State of Alaska.
    2. Satisfactory proof that the applicant is of good character and 
reputation among the people of the Reserve and that the applicant is 
financially responsible.
    3. The description of the premises in which the intoxicating 
beverages are to be sold, proof that the applicant is the owner of such 
premises, or lessee of such premises, for at least the term of the 
license.
    4. Agreement by the applicant to accept and abide by all conditions 
of the tribal license.
    5. Payment of a license fee as prescribed by the Alcohol Control 
Committee.
    6. Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony.
    7. 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 thirty (30) days 
prior to consideration by the Alcohol Control Committee and has been 
published at least twice in such local newspaper serving the community 
that may be affected by the license. The notice shall state the date, 
time, and place when the application shall be considered by the Alcohol 
Control Committee according to Section Four.12.12 of this Ordinance.
SECTION FOUR.12.12 HEARING ON APPLICATION FOR TRIBAL ALCOHOL LICENSE.
    A. All applications for a tribal alcohol license shall be 
considered by the Alcohol Control Committee 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 Alcohol Control Committee, by secret ballot, shall determine 
whether to grant or deny the application based on:
    1. Whether the requirements of SECTION FOUR.12.11 have been met; 
and
    2. Whether the Alcohol Control Committee, in its discretion, 
determines that granting the license is in the best interest of the 
Community.
    In the event that the applicant is a member of the Tribal Council, 
or a member of the immediate family of a Tribal Council member, such 
member shall not vote on the application or participate in the hearings 
as a Alcohol Control Committee member.
SECTION FOUR.12.13 TEMPORARY PERMITS.
    The Alcohol Control Committee or its designee may grant a temporary 
permit for the sale of intoxicating beverages for a period not to 
exceed three (3) days to any person applying for the same in connection 
with a tribal or community activity, provided that the conditions 
prescribed in SECTION FOUR.12.13 of this Ordinance shall be observed by 
the permittee. Each permit issued shall specify the types of 
intoxicating beverages to be sold. Further, a fee, as set by the 
Alcohol Control Committee, will be assessed on temporary permits.

[[Page 14284]]

SECTION FOUR.12.14 CONDITIONS OF TRIBAL LICENSE.
    A. Any tribal license issued under this Ordinance shall be subject 
to such reasonable conditions as the Alcohol Control Committee shall 
fix, including, but not limited to the following:
    1. The license shall be for a term not to exceed 2 years;
    2. The licensee shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises;
    3. The licensed premises shall be subject to patrol by the tribal 
police department, and such other law enforcement officials as may be 
authorized under applicable law;
    4. The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during the regular business 
hours;
    5. Subject to the provisions of subsection (7) to this section, no 
intoxicating beverages shall be sold, served, disposed of, delivered or 
given to any person, or consumed on the licensed premises except in 
conformity with the hours and days prescribed by the laws of the State 
of Alaska, and in accordance with the hours fixed by the Alcohol 
Control Committee, provided that the licensed premises shall not 
operate or open earlier or operate or close later than is permitted by 
the laws of the State of Alaska.
    6. No alcohol shall be sold within 200 feet of a polling place on 
tribal election days, when a referendum is held of the people of the 
Community, and including special days of observance as designated by 
the Alcohol Control Committee.
    7. All acts and transactions under authority of the tribal alcohol 
license shall be in conformity with the laws of the State of Alaska, as 
required by federal law, and shall be in accordance with this ordinance 
and any tribal license issued according to this Ordinance.
    8. No person under the age permitted under the laws of the State of 
Alaska shall be sold, served, delivered, given, or allowed to consume 
alcoholic beverages in the licensed establishment and/or area.
    9. There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.
SECTION FOUR.12.15 LICENSE NOT A PROPERTY RIGHT.
    Notwithstanding any other provision of this ordinance, a tribal 
alcohol license is a mere permit for a fixed duration of time. A tribal 
alcohol license shall not be deemed a property right or vested right of 
any kind, nor shall the granting of a tribal alcohol license give rise 
to a presumption of legal entitlement to the granting of such license 
for a subsequent time period.
SECTION FOUR.12.16 ASSIGNMENT OR TRANSFER.
    No tribal license issued under this Ordinance shall be assigned or 
transferred without the written approval of the Alcohol Control 
Committee expressed by formal resolution.
SECTION FOUR.12.17 SALE OR POSSESSION WITH INTENT TO SELL WITHOUT A 
LICENSE.
    Any offense of Title One, Section 1.55 LIQUOR POSSESSION FOR SALE 
shall also be considered a violation under this Ordinance.
SECTION FOUR.12.18 PURCHASE FROM OTHER THAN LICENSED FACILITIES.
    Any person within the boundaries of the Reserve who buys alcohol 
from any person other than at a properly licensed facility shall be 
guilty of a violation of this Ordinance.
SECTION FOUR.12.19 SALES TO PERSONS UNDER THE INFLUENCE OF ALCOHOL.
    Any person who sells alcohol to a person apparently under the 
influence of alcohol shall be guilty of a violation of this Ordinance.
SECTION FOUR.12.20 CONSUMING ALCOHOL IN PUBLIC CONVEYANCE.
    Any person engaged wholly or in part in the business of carrying 
passengers for hire, and every agent, servant or employee of such 
person who shall knowingly permit any person to drink any alcoholic 
beverages in any public conveyance shall be guilty of a violation of 
this Ordinance. Any person who shall drink any alcoholic beverage in a 
public conveyance shall be guilty of a violation of this Ordinance.
SECTION FOUR.12.21 CONSUMPTION OR POSSESSION OF ALCOHOL BY MINORS.
    The possession of alcohol by any minor is prohibited by Section 
1.56b of the Criminal Law & Procedure Code. Any offense committed under 
Section 1.56b shall also constitute a violation of this Ordinance.
SECTION FOUR.12.22 SALE OF ALCOHOL TO MINORS.
    The sale of alcohol to any minor is prohibited by Section 1.49a of 
the Criminal Law & Procedure Code. Any offense committed under Section 
1.49a shall also constitute a violation of this Ordinance.
SECTION FOUR.12.23 TRANSFER OF IDENTIFICATION TO MINOR.
    Any person who transfers in any manner an identification of age to 
a minor for the purpose of permitting such minor to obtain alcohol 
shall be guilty of an offense; provided, that corroborative testimony 
of a witness other than the minor shall be a requirement of finding a 
violation of this ordinance.
SECTION FOUR.12.24 USE OF FALSE OR ALTERED IDENTIFICATION.
    Any person who attempts to purchase an alcoholic beverage through 
the use of false or altered identification that falsely purports to 
show the individual to be over the age of 21 years shall be guilty of 
violating this Ordinance.
SECTION FOUR.12.25 VIOLATION OF THIS ORDINANCE.
    A. The Metlakatla Police Department shall notify the Alcohol 
Control Committee in writing of any suspected violations of this 
Ordinance. Upon the request of the Alcohol Control Committee, the 
Metlakatla Police Department shall appear at the time and place 
specified for a hearing under subsection B to present the evidence 
against accused.
    B. Any person accused of violating this ordinance shall be entitled 
to a hearing before the Alcohol Control Committee after 10 days' 
written notice. The notice must specify the facts underlying the 
allegation and the specific provision of the Ordinance the person is 
accused of violating. The accused shall be entitled to the Basic Rights 
included in Title 1, Chapter 2, Section 2.3, with the exception of a 
right to trial by an impartial jury. The accused shall be found guilty 
upon a two-third vote of the members of the Alcohol Control Committee 
present at the hearing. Any person guilty of a violation of this 
Ordinance by the Alcohol Control Committee shall be liable to pay the 
Community a penalty not to exceed $500 per violation as civil damages 
to defray the Community's cost of enforcement of this Ordinance.
    C. In addition to any penalties so imposed, any license issued 
hereunder may be suspended or canceled by the Alcohol Control Committee 
for the violation of any of the provisions of this Ordinance, or of the 
tribal license, upon hearing before the Alcohol Control Committee after 
10 days' notice to the licensee. The decision of the Alcohol Control 
Committee shall be final.

[[Page 14285]]

    D. A licensee that loses any license granted under this Chapter 
pursuant to Section Four.12.25(B) may reapply for a license according 
to the terms of this chapter after a period of six (6) months.
SECTION FOUR.12.26 ACCEPTABLE IDENTIFICATION.
    A. Where there may be a question of a person's right to purchase 
alcohol by reason of his/her age, such person shall be required to 
present any one of the following issued cards of identification which 
shows his/her correct age and bears his/her signature and photograph:
    1. Driver's license of any state or identification card issued by 
any State Department of Motor Vehicles;
    2. United States Active Duty Military Identification;
    3. Passport.
SECTION FOUR.12.27 POSSESSION OF ALCOHOL CONTRARY TO THIS ORDINANCE.
    Alcoholic beverages which are possessed contrary to the terms of 
this Ordinance are declared to be contraband. Alcoholic beverages 
declared contraband shall be subject to seizure under Title IV, Chapter 
6 of the Civil Code.
SECTION FOUR.12.28 SALES TAX.
    The Alcohol Control Committee shall have the authority, by 
regulation, to levy and collect a sales tax on each sale of alcoholic 
beverages on the Reserve. The amount of such tax shall be set by 
resolution, shall include credit card payments, and shall include all 
retail sales of alcohol on the Reserve.
SECTION FOUR.12.29 PAYMENT OF TAXES TO COMMUNITY.
    All taxes from the sale of alcoholic beverages on the Reserve shall 
be paid over to the Secretary of the Community.
SECTION FOUR.12.30 TAXES DUE.
    All taxes for the sale of alcoholic beverages on the Reserve are 
due within thirty (30) days of the end of the calendar quarter for 
which the taxes are due.
SECTION FOUR.12.31 REPORTS.
    Along with payment of the taxes imposed herein, the taxpayers shall 
submit an accounting for the quarter of all income from the sale or 
distribution of said beverages as well as for the taxes collected.
SECTION FOUR.12.32 AUDIT.
    As a condition of obtaining a license, the licensee must agree to 
the review or audit of its books and records relating to the sale of 
alcoholic beverages on the Reserve. Said review or audit may be done 
annually by the Community through its agents or employees whenever, in 
the opinion of the Alcohol Control Committee, such a review or audit is 
necessary to verify the accuracy of reports.
SECTION FOUR.12.33 DISPOSITION OF PROCEEDS.
    A. The gross proceeds collected by the Alcohol Control Committee 
from all licensing and provided from the taxation of the sales of 
alcoholic beverages on the Reserve shall be distributed as follows:
    1. For the payment of all necessary personnel, administrative 
costs, and legal fees for the operation of the Alcohol Control 
Committee and its activities.
    2. The remainder shall be turned over the account of the Community.
SECTION FOUR.12.34 SEVERABILITY.
    If any provision or application of this ordinance is determined by 
review to be invalid, such adjudication shall not be held to render 
ineffectual the remaining portions of this Ordinance or to render such 
provisions inapplicable to other persons or circumstances.
SECTION FOUR.12.35 PRIOR ENACTMENTS.
    All prior enactments of the Tribal Council that are inconsistent 
with the provisions of this Ordinance are hereby rescinded.
SECTION FOUR.12.36 CONFORMANCE WITH STATE OF ALASKA LAWS.
    All acts and transactions under this Ordinance shall be in 
conformity with the laws of the State of Alaska as that term is used in 
18 U.S.C. 1161.
SECTION FOUR.12.37 EFFECTIVE DATE.
    This Ordinance shall be effective as of the date of publication in 
the Federal Register.
SECTION FOUR.12.38 AMENDMENT.
    This Ordinance may only be amended or repealed by a majority vote 
of the Tribal Council. The authorized areas of the Community's Reserve 
where alcohol may be sold may only be amended or repealed by the Tribal 
Council. No amendment or modification of the regulation by the 
Community of the sale and possession of alcohol is effective until 
approved by the Secretary of the Interior and published in the Federal 
Register.
SECTION FOUR.12.39 SOVEREIGN IMMUNITY.
    This Ordinance in no way limits, alters, restricts, or waives the 
Community's sovereign immunity from unconsented suit.
[FR Doc. 2022-05344 Filed 3-11-22; 8:45 am]
BILLING CODE 4337-15-P