[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Notices]
[Pages 103866-103874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30255]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AACC003300/A0H901010.999900]
Blackfeet Tribe of the Blackfeet Indian Reservation; Amendment to
Regulation and Control of Liquor
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes an amendment to the Liquor Ordinance of
the Blackfeet Tribe of the Blackfeet Indian Reservation of Montana
(Tribe).
DATES: This ordinance shall take effect on January 21, 2025.
FOR FURTHER INFORMATION CONTACT: Ms. Jo-Ellen Cree, Tribal Operations
Officer, Rocky Mountain Regional Office, Bureau of Indian Affairs, 2021
Fourth Avenue North, Billings, Montana 59101, [email protected],
Telephone: (406) 247-7964 or (406) 247-7988, Fax: (406) 247-7566.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 5886, 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.
This notice is published in accordance with the delegated authority
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the Blackfeet Tribal Business Council duly
adopted Ordinance No. 73 by Tribal Resolution No. 504-2024 on July 8,
2024.
Bryan Newland,
Assistant Secretary--Indian Affairs.
Blackfeet Tribal Ordinance #73, as Amended
Regulation and Control of Liquor
Part I. General Provisions
1.0 Declaration of Public Policy-Subject Matters of Regulation
(A) It is hereby declared to be the public policy of the Blackfeet
Tribe to effectuate and ensure the entire control of the sale and
distribution of all alcoholic beverages within the Blackfeet Indian
Reservation, subject to the inherent sovereign power of the Blackfeet
Nation and the power delegated to the Tribe by the United States
Congress and concurrently with the State of Montana.
(B) This code is an exercise of the police powers of the Blackfeet
nation and the power delegated pursuant to Title 18, section 1161 of
the United States Code, in and for the protection of the welfare,
health, peace, morals and safety of the people of the Blackfeet Nation
and residents of the Blackfeet Indian Reservation.
(C) It is further the policy of the Blackfeet nation to effectuate
the economic rights of members of the Blackfeet Nation, as guaranteed
by Article VIII, Section 2 of the Blackfeet Constitution. This policy
is implemented herein by limiting the issuance of new licenses in some
cases \1\ to enrolled members of the Blackfeet Nation or business
entities which are at least fifty-one percent (51%) owned by enrolled
members of the Blackfeet Nation.
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\1\ Resolution No. 325-87, ``Approving Various Amendments Change
#1'' June 17, 1987.
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2.0 Sale of Alcoholic Beverages Privilege, Not Right
A license for the sale or distribution of alcoholic beverages
within the Blackfeet Indian Reservation is a privilege which the
Blackfeet Nation may grant or deny and is not a right to which any
person or entity is entitled.
Part 2. Retail Sales Restrictions
1.0 Unlawful Sales and Other Transactions
(A) It shall be unlawful for any licensee, his/her employee or
employees, or any other person to sell, deliver, or give away, or cause
or permit to be sold, delivered, or given away any alcoholic beverage
to any person:
1. Under twenty-one (21) years of age \2\; or
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\2\ Resolution No. 214-2011, Amending Ordinance 73, Social Host
Law and Penalty, May 5, 2011.
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2. Who is obviously, actually, or apparently intoxicated.
(B) It shall be unlawful for any person or entity to sell or
distribute alcoholic beverages within the exterior boundaries of the
Blackfeet Indian Reservation without first obtaining a license pursuant
to this Ordinance.
(C) It shall be mandatory under this law for all licensees to
display in a prominent place in their premises a placard stating fully
the consequences for violations of this law by persons under twenty-one
(21) years of age.\3\
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\3\ Resolution No. 214-2011, Amending Ordinance 73, Social Host
Law and Penalty, May 5, 2011.
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2.0 Sale and Distribution of Alcoholic Beverages Unlawful
It shall be unlawful for a licensed person or business entity to
sell or
[[Page 103867]]
distribute alcoholic beverages within the exterior boundaries of the
Blackfeet Indian Reservation, provided that the licensee complies with
the provisions of this Ordinance, concurrently with the laws of the
State of Montana.
3.0 Closing Hours for Licensed Retail Establishments
All licensed establishments wherein alcoholic beverages are offered
for sale, or given away at retail shall be closed:
(A) Each day between 2:00 a.m. and 8 a.m.
(B) Easter Sunday between 8:00 a.m. and 2:00 p.m. (all day)
(C) From 6:00 p.m. December 24 (Christmas Eve) to 6:00 p.m.
December 25 (Christmas Day).
(D) There will be no sales of alcoholic beverages, including sales
at stores, bars, restaurants, and taverns within the Blackfeet
Reservation during North American Indian Days and Heart Butte Society
Celebration, beginning at 8:00 a.m. Thursday and ending at 8:00 a.m.
the following Monday.\4\
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\4\ 2008 Referendum Vote Language to close sales during North
American Indian Days and Heart Butte Society Celebration; however,
does not reference amendment to Ordinance #73.
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(E) Any Blackfeet Reservation High School Graduation, 8:00 a.m. and
2:00 a.m. (all day).\5\
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\5\ Resolution No. 504-2024 ``Amending Ordinance #73 Regulation
and Control of Liquor, Regarding Retail Hours During K-12 School
Year, High School Graduations, High School Proms and Blackfeet
Community College Graduation'' July 8, 2024.
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(F) Any Blackfeet Reservation High School Prom, 8:00 a.m. and 2:00
a.m. (all day) \6\
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\6\ Resolution No. 504-2024.
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(G) Blackfeet Community College Graduation, 8:00 a.m. and 2:00 a.m.
(all day); \7\ and,
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\7\ Resolution No. 504-2024.
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(H) During the K-12 Academic School Year within the Blackfeet
Reservation, Monday through Friday each day, from 8:00 a.m. to 5
p.m.\8\
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\8\ Resolution No. 504-2024, and Resolution No. ___``Amending
Resolution No. 504-2024 Amending Ordinance #73 Clarifying Weekend
Sales During Academic School Year on the Blackfeet Reservation''
August 21, 2024.
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The Blackfeet Tribal Business Council retains discretionary
authority to close licensed retail establishments in recognition of
Indian religious ceremonies, after giving due notice. Provided,
however, that when a licensed retail establishment is operated in
conjunction with a restaurant, hotel, or other lawful business other
than the sale of intoxicating alcoholic beverages, then such other
lawful business need not be closed, but only the part where of such
alcoholic beverages are sold.
4.0 Sale of Alcoholic Beverages During Closed Hours
It shall be unlawful for any licensed Tribal establishments to
sell, offer for sale, or give away alcoholic beverages during the hours
when the licensed retail establishments are required by this Ordinance
to be closed or otherwise refrain from the sale of alcoholic beverages.
5.0 Lapse of License for Non-Use
(A) Any retail license issued pursuant to this Ordinance (including
any retail license to sell alcoholic beverages for off premises
consumption) not actually used in a going establishment for ninety (90)
days shall automatically lapse. Upon determining the fact of nonuse,
the Tribal Council shall cancel such license of record and no portion
of the fee paid therefore shall be refundable.
(B) The provisions of this section shall not apply to the license
of any licensee whose premises are operated on a seasonal basis in
connection with a bona fide resort, park hotel, tourist facility from
the Tribal Business Council to close the business.
(C) The Tribal Council may, in its discretion, waive the effects of
this section for a licensee who failed to use his license in a going
establishment for ninety (90) days should the Council find that said
lapse was reasonably beyond the control of the licensee.
6.0 Tribal License Automatically Revoked With Loss of State License
Pursuant to federal law, the regulation of transactions involving
alcoholic beverages within the Indian Reservation is a matter of
concurrent jurisdiction between the various Indian tribes and the
States in which their reservations are located. Thus, to validly engage
in the business of selling or distributing alcoholic beverages on
Indian reservations a licensee must possess both the Tribal and state
license.
(A) Any Tribal license issued pursuant to this Ordinance will be
automatically revoked ninety (90) days after the Tribal Council
receives notification from proper State officials that the licensee's
state license has been revoked or has otherwise expired, and that all
state appeals processes have been exhausted.
Part 3. License Administration
1.0 License Classification
(A) The issuance of licenses for the retail sale of alcoholic
beverages within the Blackfeet Indian Reservation shall be based upon
the following classifications:
CLASS 1. All Beverage License: This license enables the licensee to
sell liquor, beer, wine, and other alcoholic beverages within the
boundaries of the Blackfeet Reservation.
CLASS 2. On-Premise Retail Beer License With Available Wine Sales
Amendment: This license enables the licensee to sell beer for on-
premises consumption. For an additional fee, a wine amendment is
available. The licensee must make an initial showing that the sale of
beer for on-premises consumption is supplementary to a restaurant or
prepared food business. Non-retention of the beer license, for any
reason, will mean automatic loss of the wine license amendment.
CLASS 3. Off-Premises Retail Beer License With Available Wine Sales
Amendment: This license enables the licensee to sell beer and wine with
an amendment, in the original package for off premises consumption
only. The licensee must make an initial showing that the license will
be used in conjunction with the business operated primarily as a bona
fide grocery store or drugstore.
(B) The issuance of new licenses in class 1 and 2 \9\ shall be
limited to enrolled members of the Blackfeet Indian Nation or business
entities which are at least fifty-one (51%) owned and operated by an
enrolled member of the Blackfeet Indian Nation.
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\9\ Resolution No. 325-87, ``Approving Various Amendments Change
#2'' June 17, 1987.
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CLASS 4. Special Licenses: this license consists of special
permission enabling the licensee to sell beer or wine to the patrons of
some preplanned community event, to be consumed within the enclosure
where the event is held. Allowable events include company picnics,
conventions, fairs, civil entertainments, and sporting events.
2.0 Beer Retailer's License--Application and Issuance--Check of Books
of Account and Premises by Tribe
(A) Any person desiring to have and possess beer and wine for sale
under this Ordinance for the purpose of selling it at retail shall
first apply to the Tribal Council for a license to do so and tender
with said application the license fee provided for.
(B) Upon being satisfied, from such application or otherwise, that
the applicant is qualified as provided, the Tribal Council shall issue
a license to such person or applicant, which license shall at all times
be prominently displayed in the place of business of the applicant.
[[Page 103868]]
(C) If the Tribal Council finds that the applicant is not
qualified, no license shall be granted, and the license fee tendered
shall be promptly returned.
(D) The Tribal Council shall have the right and is hereby given the
authority to make, at any time an examination of the books of any such
retailer and his premises and otherwise check his methods of conducting
business in so much as it regards his retail liquor license, through
independent licensed auditors.
3.0 Retailer Beer License for On-Premises Consumption--Wine License
Amendment--Limit on Number of Licenses
(A) Except as otherwise provided by law, a license to sell beer at
retail for on-premises consumption, or beer and wine at retail for on-
premises consumption, in accordance with the provisions of this
Ordinance, may be issued to any person, firm or corporation who is
approved by the Tribal Council as a fit and proper person, firm or
corporation to sell beer, except that:
1. in the town of Browning, and within a distance of five (5) miles
from the city limits of Browning, not more than one (1) license for
every 1000 persons residing in the above-described area shall be issued
and said license may not be used in conjunction with a retail all-
beverage license.
2. in the unincorporated town of East Glacier Park and within a
distance of five (5) miles from the limits of East Glacier Park not
more than one (1) license for every 1000 persons residing in the
described area, shall be issued and said license may not be used in
conjunction with the retail all-beverage license.
3. the number of retail beer licenses for on-premises consumption,
which may be issued by the Tribal Council, excluding those provided for
in subsections (1) and (2) above, shall be determined on the limitation
of no more than one (1) per 750 persons in that area and provided
further that, in the exercise of its sound discretion, the Tribal
Council first determines that the issuance of said license is a
required is required by public convenience and necessity.
(B) Retail beer licenses, or beer and wine licenses, of issue on
January 1, 1985, and which are in excess of the foregoing limitations
shall be renewable, but no new licenses may be issued in violation of
such limitations.
(C) An applicant for a license to sell beer, or beer and wine for
on-premises consumption, at retail, must make a satisfactory showing
that the sale of beer or beer and wine for consumption on-premises
would be supplemental to the applicant's primary business activity of
operating a restaurant or other prepared food business.
(D) Any licensee possessing an on-premises retail beer license may
apply for an on-premises retail wine license amendment. An applicant to
sell wine for on-premises consumption at retail, must first possess a
valid retail on-premises beer license provided, however, that this
requirement shall not prevent an applicant from applying for an on-
premises beer license and the retail on-premises wine license
simultaneously. Non-retention of the retail beer license, for whatever
reason, shall mean automatic loss of the amendment.
A person holding a retail on-premises beer and wine license may
sell beer and wine for consumption on or off the premises.
4.0 Retail Beer and Wine License for Off-Premises Consumption Only
Discretionary Authority to Issue \10\
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\10\ Resolution No. 325-87, ``Approving Various Amendments
Change #3'' June 17, 1987.
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(A) A retail license to sell beer or wine, or both in the original
package for off-premises consumption only may be issued to any person,
firm, or corporation to sell beer or wine, or both, and whose premises
proposed for licensing are operated as bona fide grocery store or
drugstore.
(B) The number of such licenses which the Tribal Council may issue
is not limited but shall be determined by the Tribal Council in the
exercise of its sound discretion, grant or deny any application for any
such license or suspend or revoke any such license for cause.
(C) [deleted-as per instructions in Resolution 328-87] \11\
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\11\ Resolution No. 325-87, ``Approving Various Amendments
Change #4'' June 17, 1987.
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5.0 Beer License Transfers
(A) A transfer of any beer retailer's license, including transfer
of a beer license with the wine license amendment, may be made upon
application to the Tribal Council with the consent of the Council,
provided that the transferee qualifies under this Ordinance, and
subject to the following limitations:
1. Transfer of a license for on-premises consumption \12\ which was
issued after January 1, 1985, as a new license with Tribal member
preference, may be made only to another enrolled member of the
Blackfeet Nation or a business entity which is 51% owned by an enrolled
member of the Blackfeet Nation.
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\12\ Resolution No. 325-87, ``Approving Various Amendments
Change #5 (A)(1)'' June 17, 1987.
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2. Transfer of any other beer retailers license may be made to any
qualified applicant and will not be limited to Tribal member
preference.\13\
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\13\ Resolution No. 325-87, ``Approving Various Amendments
Change #5 (A)(2)'' June 17, 1987.
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6.0 All-Beverage License-Quotas
(A) Except as otherwise provided by law, a license to sell beer,
wine and liquor at retail (an all-beverage license) in accordance with
the provisions of this Ordinance, may be issued to any person approved
by the Tribal Council as a fit and proper person to sell such
beverages, except that the number of all-beverage licenses with the
Tribal Council may issue shall be limited as follows:
1. There shall be no more than four (4) Class 1 all-beverage
licenses for the Town of Browning and within a five (5) mile radius of
the town limits. An additional license will be available with each
increase of 1,000 persons residing in the above-described area.
2. There shall be no more than one (1) Class 1 all-beverage license
for the unincorporated town of East Glacier Park and within a five (5)
mile distance from its limits, for every 1,000 persons residing in the
said area.
3. The number of all-beverage licenses which the Tribal Council may
issue for premises situated outside the area identified in (1) and (2)
above, may not be more than one license for every 750 persons residing
on the Blackfeet Indian Reservation, excluding the population of the
area identified in (1) and (2) above.
(B) Retail all-beverage licenses of issue on January 1, 1985, and
which are in excess of the foregoing limitations shall be renewable,
but no new licenses may be issued in violation of such limitations.
(C) Any original license issued pursuant to this section shall be
issued only upon the Tribal Council having first determined, upon a
hearing held pursuant to this Ordinance, that the issuance of said
license is justified by public convenience and necessity.
(D) Transfers of all beverage licenses which were of issue prior to
January 1, 1985, will not be limited to Tribal member preference, and
may otherwise be made to any qualified applicant.
7.0 Census
The most recent census of the Blackfeet nation shall be the basis
upon which the limitations outlined in this Ordinance shall be
determined.
[[Page 103869]]
8.0 Special License To Sell Beer and Wine--Application and Issuance
(A) any association or corporation conducting a picnic, convention,
fair, community entertainment, or sporting event shall be in the sound
discretion of the Tribal Council be entitled to a special permit to
sell beer and wine to the patrons of such event to be consumed within
the enclosure where the infant is to be held.
(B) An application for a special license shall be presented at
least three (3) days in advance of the start of the proposed event and
shall describe the location of the enclosure where the event is to be
held.
(C) The application shall be accompanied by the amount of the
license fee and a written statement of approval of the premises where
the event is to be held issued by (sic) law enforcement agency that has
jurisdiction over the premises and the patrons.
(D) The license issued as a special license and authorizes the sale
of beer and wine only on the date and during the period stated in the
application and approval.
Part 4. Licensing Criteria and Procedure
1.0 License as Privilege--Criteria for Decision on Application
(A) A license under this Ordinance is a privilege which the
Blackfeet nation may grant to, or deny, any applicant and is not a
right to which any applicant is entitled.
(B) Except as provided herein, in the case of a license that
permits on premises consumption, the Tribal Council must find in every
case in which it issues a new license, or in which it approves the
transfer of a license that:
1. In the case of the issuance of a new Class 1 or Class 2 \14\
license, that the applicant is an enrolled member of the Blackfeet
Indian Nation, or if the applicant is a firm or corporation, that the
applicant is at least 51% owned by an enrolled member of the Blackfeet
Indian Nation.
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\14\ Resolution No. 325-87, ``Approving Various Amendments
Change #6 (B)(1)'' June 17, 1987.
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2. The applicant is financially responsible.
3. The applicant will not have an interest in more than one
establishment licensed for all-beverage sales.
4. The applicant's past record and present status as a seller of
alcoholic beverages and as a businessman and citizen demonstrates that
he is likely to operate his establishment in compliance with all
applicable Tribal laws.
5. The applicant is not under the age of twenty-one (21) years.
6. The applicant has obtained the necessary Tribal business
license.
7. The applicant has not been convicted of a felony, or if the
applicant has been convicted of a felony, that his rights have been
restored.
8. In the case of the transfer of a license originally issued as a
new Class 1 or Class 2 \15\ license after January 1, 1985, that the
applicant is an enrolled member of the Blackfeet Indian Nation, or if
the applicant is a firm or corporation, that at least 51% of the firm
or corporation is owned by enrolled members of the Blackfeet Indian
Nation.
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\15\ Resolution No. 325-87, ``Approving Various Amendments
Change #6 (B)(8)'' June 17, 1987.
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(C) The requirements of this subsection will apply to all new
licenses and transfers occurring after January 1, 1985, in Class 1,
Class 2 and Class 3 licenses, except as otherwise provided in specific
subsections.
2.0 Application and Investigation
(A) Prior to the issuance of any license under this ordinance, the
applicant shall file with the Tribal Council, an application in
writing, signed by the applicant and containing such statements
relative to the applicant and the premises where the alcoholic beverage
is to be sold, as may be required by the Tribal Council, including, but
not limited to the following:
1. The name, age and place or residence of the applicant.
2. The location of the premises where the license will be issued.
3. In the case of a firm or corporation, the names of all partners
and shareholders in the firm or corporation; the percentage of
ownership held by each partner or shareholder; the relationship, if any
between the partners or shareholders (husband, wife, son, brother-in-
law, etc.); and whether or not each shareholder of partner is an
enrolled member of the Blackfeet Indian Nation.
4. In the case of an individual applicant, whether the applicant is
an enrolled member of the Blackfeet Indian Nation.
5. Financial records and reports of the applicant. The application
shall be verified by the affidavit of the person making the same before
a person authorized to administer oaths.
(B) Upon receipt of a completed application of a license under this
Ordinance, accompanied by the necessary license fee, as further
required in this Ordinance, the Tribal Council shall within thirty (30)
days make a complete and thorough investigation of all matters
pertaining to the application and shall determine whether the applicant
is qualified to receive a license and whether the applicant's premises
are fit to carry on the business and that Tribal law will be complied
with.
(C) Upon proof that the applicant has made any false statement on
the application, the application may be denied or if issued, the
license may be revoked.
3.0 Notice of Application--Publication-Protest
(A) When an application has been filed with the Tribal Council to
sell alcoholic beverages at retail or to transfer such license, the
Tribal Council shall promptly publish in a newspaper of general
circulation within the Blackfeet Indian Reservation, a notice that such
applicant has made application for such license and that protests
against the issuance of a license to the applicant may be mailed to a
named Tribal administrator within ten (10) days after the final notice
is published. Notice of application for either transfer or sale shall
be published once a week for 4 consecutive weeks' notice may be
substantially as follows:
Notice of Application for Trans of or for Retail Sale of Alcoholic
Beverages
Notice is hereby given that on the __ day of ___, 198_, one (name
of applicant) filed an application for a license to engage in the
retail sale of alcoholic beverages within the boundaries of the
Blackfeet Indian Reservation.
The license is to be used at (describe location of premises where
alcoholic beverages will be sold), and protests, if there are any,
against the issuance of such license may be mailed to _____, Blackfeet
Nation, Browning, MT 59417 on or before the __ day of ___, 198_.
Dated: _________.
(B) Each applicant shall, at the time of filing his application,
pay to the Blackfeet Nation an amount sufficient to cover the costs of
publication of the notice.
(C) If the Tribal Council receives no written protests, it may
issue a license without holding a public hearing if written protests
against the issuance of the license or transfer of an existing license
are received, the Tribal Council shall hold a public hearing in
Browning at the Blackfeet Tribal Offices.
Additional public hearings may be held at the discretion of the
Tribal Council.
[[Page 103870]]
4.0 Protests and Hearing--Posting and Contents of License--Privilege--
Expiration
(A) No license may be issued until after the date set in the notice
for hearing protests.
(B) Every license issued under this Ordinance shall contain:
1. The name of the person (sic) whom it was issued.
2. The location of the premises, by street number or other
appropriate description, where the license is to be used.
3. Other information such as the Tribal Council shall deem
necessary. Each license must be posted in a conspicuous place on the
premises wherein the business authorized under the license is to be
conducted. Such license shall be exhibited upon request to any
authorized representative of the Tribal Council or to any peace officer
of the Blackfeet Nation or Bureau of Indian Affairs.
(C) Any license issued under this Ordinance shall be considered a
personal privilege to the license named in the license and shall be
good until the expiration of the license unless sooner revoked or
suspended.
5.0 Transfer-By Sale--In Case of Death of Licensee--From Premises to
Premises
(A) Except as otherwise provided in this Ordinance, no license for
the retail sale of alcoholic beverages shall be transferred or sold.
Nor shall said license be issued for any place of business not
described in the license without first making an application to and
receiving the approval of the Tribal Council.
(B) A license for the retail sale of alcoholic beverages may be
transferred to the executor or administrator of the estate of any
business of selling alcoholic beverages under a license, and in such
event a license may descend or be disposed of with the business to
which it is applicable under the appropriate probate proceedings.
(C) A license to sell alcoholic beverages at retail may be
transferred to a qualified purchaser upon a bona fide sale of the
business operated under that license. No transfer of any license as to
person or location shall be effective until approval by the Tribal
Council, and any licensee, transferee or proposed transferee who
operates or attempts to operate under any supposedly transferred
license shall be considered as operating without a license to operate
the business to be transferred, under the license, pending final
approval, providing an application for transfer has been filed with the
Tribal Council.
6.0 Denial of License--Public Safety and Welfare
(A) The Tribal Council may deny the issuance of any license for the
retail sale of alcoholic beverages if it determines that the premises
proposed for licensing cannot be properly policed by local authorities.
(B) Normally a license under this Ordinance be issued if the Tribal
Council finds upon the evidence presented at the hearing, that the
welfare of the people residing in the vicinity of the place which such
license is desired will be adversely and seriously affected and the
public interest will not be served by issuance of such license.
7.0 Expiration of License
(A) Each July 1st, the Tribal Council shall issue licenses to
holders of retail licenses to sell alcoholic beverages within the
Blackfeet Reservation on an annual basis and as such fees as are
prescribed by law, such licenses are subject to revocation or
suspension as provided for in Part 4, Section 8 of this Ordinance after
midnight on June 30th of the licensing year for which the license fee
has not been paid, if the annual license fees are not paid. Initial
licenses issued under this Ordinance shall be issued at the annual
rate, for a period ending June 30, 1986, regardless of when issued.
8.0 Renewal--Revocation or Suspension--Penalty
(A) The Tribal Council may upon its own motion, and shall upon the
written, verified complaint of any person, investigate the action and
operation of any retail seller of alcoholic beverages licensed under
this Ordinance.
(B) If the Tribal Council, after investigation, shall have
reasonable cause to believe that any such licensee has violated the
provisions of this Ordinance, it may, in its discretion, and in
addition to other penalties prescribed:
1. Reprimand the licensee; or
2. Suspend a license for a period not to exceed three (3) months;
or
3. Revoke the license of any such licensee; or
4. Refuse to grant a renewal of such license upon the expiration
thereof; or
5. Impose a civil penalty not to exceed One Thousand, Five Hundred
Dollars ($1,500), subject to the right to a hearing in the Blackfeet
Tribal Court. The affected licensee may seek a stay of the imposition
of the fine provided the licensee files a petition for hearing on the
fine with the Blackfeet Tribal Court within ten (10) working days of
the date of the licensee is notified of the fine. Failure to file a
petition within the required time shall result in loss of the Tribal
Court's jurisdiction to review the fine pursuant to this Ordinance.
9.0 Judicial Review Concerning Alcoholic Beverage Laws
(A) Any interested party shall have the right to seek judicial
review of any decision of the Tribal Council concerning the issuance,
transfer, suspension, or revocation of any license to sell at retail
alcoholic beverages within the Blackfeet Reservation by the Blackfeet
Tribal Court.
(B) Judicial review under this provision will be limited to a
review of the record of the prior proceedings on the affected license.
The Court will be limited to determining:
1. Whether the Tribal Council abused its discretion by acting
arbitrarily or capriciously; or
2. Whether the Tribal Council's decision is supported by the record
of the case and the facts contained therein; or
3. Whether the Tribal Council's decision is consistent with the
applicable provisions of the law.
(C) The Tribal Council's decision shall be final unless modified or
reversed by the Tribal Court.
10. Training for Responsible Alcohol Sales and Services (RASS) \16\
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\16\ Resolution No. 212-2011, Amending Ordinance 73,
Implementing RASS, May 5, 2011.
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All retail liquor establishments prior to receiving a liquor
license or a renewal of such license on the Blackfeet Reservation shall
certify that all employees of such establishment have received
Responsible Alcohol Sales and Service training also referred to as
RASS, which training is given by the Montana Department of Revenue. Any
new employee of such establishment shall receive such training within
thirty (30) days of employment. The establishment shall keep a roster
of all employees, including names and date of training, which shall be
open for inspection by agents of the Blackfeet Tribe.
Failure to obtain such training for employees as set forth above,
shall subject the liquor establishment to a civil penalty of $500.00
per employee and/or the possible suspension of that establishment's
liquor license until such time as the establishment is in compliance
with this Ordinance.
The penalties collected as set out above shall be used solely for
the purpose of funding the activities of the Blackfeet DUI Task Force,
with $100.00
[[Page 103871]]
of such penalty going to the Blackfeet Department of Commerce, for
administration and enforcement of this Ordinance and that both the DUI
Task Force and the Department of Commerce shall keep a strict
accounting of the receipt and disbursal of such funds.
Part 5. Licensing Fees
1.0 Retail Sales License and Special License Fees
(A) Each retail beer, or retail beer and wine license, under the
provisions of this Ordinance, shall pay an annual license fee as
follows:
2. Retail on-premises beer license, Two Hundred Dollars ($200);
with wine license amendment, an additional Two Hundred Dollars ($200).
3. For a license to sell beer at retail for off-premises
consumption only, Two Hundred Dollars ($200); for a wine license
amendment to sell at retail for off premises consumption only, and
additional Two Hundred Dollars ($200).
(B) The fee of special license to sell beer and wine at certain
gatherings shall be computed at a rate of Thirty-Five Dollars ($35.00)
a day for 2 or more days, but in no case less than Seventy-Five Dollars
($75.00).
(C) The fee for licensees licensed as a Class 1, all-beverage
retail sellers of alcoholic beverages shall be Five Hundred Dollars
($500.00).
(D) The license fee provided for in this Ordinance are exclusive of
and in addition to other license fees chargeable by the Blackfeet
Nation for the privilege of carrying on business within the Blackfeet
Indian Reservation.
(E) In addition to other license fees, the Tribal Council may
require a licensee to pay a late fee of thirty percent (30%) of any
license fee delinquent on July 1st of the renewal year, and sixty
percent (60%) of any license fee delinquent of August 1st of the
renewal year, and one hundred percent (100%) of any license fee
delinquent on September 1st of the renewal year.
Part 6. Violations and Enforcement
1.0 Investigations--Search Warrants--Seizure and Forfeiture of Unlawful
Alcoholic Beverages and Conveyance Devices
(A) The Tribal Council may employ or appoint investigators or
prosecuting officers who, under the Council's discretion, will perform
such duties as it may require, and who shall be paid such fees and
expenses as the Council may fix.
(B) Upon information or oath by any investigator appointed under
this Ordinance or any Tribal or Bureau of Indian Affairs police officer
showing reasonable cause to believe that alcoholic beverages are being
illegally sold or kept for sale or for any unlawful purpose in any
building or premises, it shall be lawful for the Tribal Court by
warrant to authorize and empower the police officer or investigator or
any other person named in the warrant to enter and search the building
or premises and every part thereof and for that purpose to break open
any lock, door, or fastening, to break open any closet, cupboard, box
or other receptacle where alcoholic beverages may be concealed.
(C) The Tribal Council or any duly authorized representative
thereof or any Tribal or Bureau of Indian Affairs police officer shall
have the right at any time to make an examination of the premises of
any retail licensee as to whether the laws of the Blackfeet nation are
being complied with.
(D) Any investigator, duly appointed representative of the
Blackfeet Tribal Council or any Tribal or Bureau of Indian Affairs
police officer who finds an alcoholic beverage which he has reasonable
cause to believe is had or kept by any person in violation of the
provisions of this Ordinance may forthwith seize and remove the same
and the packages in which the alcoholic beverage is kept, and upon a
finding that the alcoholic beverages being kept or sold in violation of
this Ordinance, the alcoholic beverage and all packages containing the
same shall, in addition to other penalties prescribed by this
Ordinance, be forfeited as a matter of law to the Blackfeet Nation.
Whenever a vehicle or other conveyance device of any kind is used
to store or transport alcoholic beverages for purposes contrary to the
provisions of this Ordinance, the vehicle or conveyance device may be
seized force with. Upon a finding by the Tribal Court that the person
in possession of the vehicle or conveyance device or person in charge
of said vehicle or conveyance device was in violation of the provisions
of this Ordinance, the Court may, in addition to any other possible
penalties, declare in and by a decree that the vehicle or conveyance
device, which has been seized, to be forfeited to the Blackfeet Nation.
2.0 When Force May Be Used in Seizure--Hearing Required in Forfeiture
Cases
(A) Where alcoholic beverages are found by an investigator or
Tribal or Bureau of Indian Affairs police officer on any premises or in
any place in such quantities as to satisfy the investigator or police
officer that such alcoholic beverage is being had or kept contrary to
the provisions of this Ordinance, it shall force if necessary and seize
any alcoholic beverage found, including the packages in which it was
had or kept, and immediately turn such alcoholic beverage over to the
Tribal Council.
(B) In all cases where alcoholic beverages, or alcoholic beverages
and vehicles and conveyance devices, are seized, the Tribal Council or
its designated prosecuting officer shall commence an action in the
Tribal Court against the seized alcoholic beverage, vehicle, or
conveyance device, and the person or persons actually or apparently in
possession or control thereof if any such person be presented at the
time of the seizure. The alcoholic beverage shall be named as a
defendant to the action.
(C) The complaint shall show the date and place of seizure, the
name of the person or persons actually or apparently in or [sic]
control thereof if any such person be present at the time of the
seizure, the reason the Tribal Council claims the right to possess the
alcoholic beverage or conveyance device, or both, and shall demand that
all persons who claim any right to the possession of the alcoholic
beverage or conveyance device, or both, shall show the nature of their
claim or claims and that the Court declare the same to be contraband
and that the Court order the contraband forfeited to the Blackfeet
Nation.
(D) A summons shall be issued, served, or published as in all civil
actions pursuant to the Tribal Law and Order Code, except that the
Court summons shall be published in the local newspaper within the
Blackfeet Indian Reservation.
(E) In every case in which an alcoholic or a conveyance device is
seized by an investigator or police officer, it shall be his duty to
forth with make or cause to be paid to the Tribal Council a report in
writing of the particulars of the seizure.
3.0 Inspection of Carrier's Records--Unlawful for Carrier To Refuse
(A) For the purpose of obtaining information concerning any matter
relating to the administration or enforcement of this Ordinance, the
Tribal Council or any person appointed by it in writing for the
purpose, may inspect the freight and express books, and any other
documents in the possession of any common carrier doing business within
the exterior boundaries of the Blackfeet Indian Reservation, containing
any information of record relating to any goods shipped, carried,
received for shipment, or cosigned for shipment within the Reservation.
[[Page 103872]]
(B) Every common carrier and every official employee of any such
company or common carrier who neglects or refuses to produce and
subject for inspection any book, record, or document requested by the
Tribal Council or its authorized representative, where that document
relates to enforcement or administration under this Ordinance, shall be
deemed in violation of this Ordinance and shall be subject to a fine of
One Hundred Dollars ($100.00) per day for each day during which the
violation continues, not to exceed Five Thousand Dollars ($5,000.00).
4.0 Violation of Code Civil Action in Tribal Court--Corrective Action
Before Judicial Proceedings
(A) Every action charging a violation of the provisions of this
Ordinance shall be brought by the Tribal Council or its prosecuting
officer, in the name of the Blackfeet Tribe, against the licensee or
other alleged violator in the Blackfeet Tribal Court as a civil action.
(B) Provided, however, that the Tribal Council may, in the exercise
of its sound discretion, resolve any alleged violation only when
alleged to have been committed, by an authorized licensee, at the
administrative level through the collection of an appropriate fine
amount, an undertaking of corrective measures by the licensee, or other
allowed penalty. Should an alleged violator agree to administrative
resolution of the complaint, he shall not be allowed to seek judicial
review of the administrative resolution.
Part 7. Prohibitions and Penalties
1.0 Unlawful Transfer, Sale, and Possession of Alcoholic Beverages
(A) Except when in possession of fully issued Tribal license and as
otherwise provided by this Ordinance no person shall, within the
Blackfeet Indian Reservation, by himself or through others, keep for
sale, or directly or indirectly sell or offer to sell, or to give any
other person alcoholic beverages.
(B) This section shall not apply to the county sheriff, Tribal
police, Bureau of Indian Affairs police, Blackfeet Tribal Council, or
its authorized representative when in possession of alcoholic beverages
under judicial process or to sale by said entities and persons when
under judicial process.
2.0 Penalty for Sale of Alcoholic Beverages Without a License
Any person who has not been issued a license for the retail sale of
any alcoholic beverages under this Ordinance who sells or keeps for
sale any alcoholic beverage has committed a violation, and upon a
finding thereof is punishable by a civil penalty of not less than Five
Hundred Dollars ($500.00) nor more than One Thousand Five Hundred
Dollars ($1,500.00).
3.0 Providing Alcoholic Beverages to Intoxicated Persons Prohibited
(A) No retail seller of alcoholic beverages licensed pursuant to
this Ordinance may, either through themselves or an agent, sell any
alcoholic beverages or permit alcoholic beverages to be sold to any
person apparently under the influence of alcohol.
(B) Any retail seller of alcoholic beverages who is licensed
pursuant to this Ordinance who sells or allows to be sold alcoholic
beverages to a person obviously intoxicated, is deemed to have violated
this Ordinance and upon a finding thereof is punishable of a civil
penalty of up to Five Hundred Dollars ($500.00) for each infraction.
(C) No person may give alcoholic beverages to a person apparently
under the influence of alcohol.
4.0 Age Limit on Sale of Alcoholic Beverages, Social Host Law--Penalty
for Violation
(A) No person shall sell, give, purchase, or otherwise supply
alcoholic beverages to any person under the age of twenty-one (21)
years of age or permit any person under that age to consume an
alcoholic beverage, including cases of alcohol beverages given to a
person under twenty-one (21) years of age by his/her parent or
guardian, and not adult shall knowingly provide a place for underage
drinkers to consume alcohol, regardless of whether or not that adult
provides the alcohol.
(B) The penalty for violation of this Section shall be the same as
for the offense of Contributing the Delinquency of a Minor, in Chapter
7, Blackfeet Law and Order Code of 1967, as amended. Chapter 14.
Section 5.\17\
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\17\ Resolution No. 214-2011, Amending Ordinance 73, Social Host
Law and Penalty, May 5, 2011.
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(C) Any person who violates this provision may, upon finding
thereof, be punished through a civil penalty or a fine of not less than
Two Hundred Fifty Dollars ($250.00) for each violation.
(D) Provided, however, should the drinking age for the State of
Montana be changed, the drinking age stated in this Ordinance will
automatically be changed to reflect the new change.
5.0 Miscellaneous Prohibitions--Penalty
(A) All licenses to sell at retail alcoholic beverages[sic]
pursuant to this Ordinance are hereby prohibited from engaging in the
following activities:
1. From engaging in pawnbroking or taking goods or materials in
hock; or
2. Lending money or engaging in similar activity to indigent
persons solely for the purpose of enabling them to purchase alcoholic
beverages in his establishment; or
3. From allowing the consumption of alcoholic beverages on his
premises which were purchased for off-premises consumption only; or
4. From allowing fighting or threatening to fight on his premises
or from generally failing to keep order in his premises.
(B) Any licensee found to be in violation of any of the provisions
of this section shall be deemed to have violated this Ordinance and is
subject to a civil penalty of not less than Three Hundred Dollars
($300.00) for each separate violation.
6.0 Firearms Not Allowed on Premises
(A) There shall be no firearms or other dangerous weapons allowed
at any time on the premises where alcoholic beverages are being sold at
retail, with the exception of licensed firearms for the maintenance of
order, firearms possessed by duly authorized peace officers, and
firearms maintained by the licensee for protection of himself, his
agents, and invitees.
(B) Any person found in possession of other dangerous weapons on a
premises beverages are being sold at retail shall thereof in court, be
subject to a civil than Two Hundred Fifty Dollars ($250.00).
7.0 Minors Not Allowed-Eating Establishments Exception
(A) Minors shall not be allowed in any establishment where
alcoholic beverages are sold for on-premises consumption, except where
a restaurant or other prepared food business is operated in conjunction
therewith.
(B) Any licensee who is found to have violated this provision shall
be deemed to have violated this Ordinance and be subject to a civil
fine of not less than Two Hundred Fifty Dollars ($250.00) for each
violation.
8.0 Sale of Alcoholic Beverages From Drive-In Windows or Similar
Devices Prohibited
(A) It is the public policy of the people of the Blackfeet Nation
to stop the carnage that is taking place on the highways of the
Blackfeet Reservation,
[[Page 103873]]
and which is occurring as a result of the high number of drinking
drivers. It has been statistically proven that drinking drivers account
for a significant percentage of all highway deaths and accidents. It is
the public policy of the people of the Blackfeet Nation to prevent
drinking and driving, not to encourage or facilitate such action.
(B) It shall be unlawful and a violation of this Ordinance to sell
or offer to sell alcoholic beverages through drive-up windows or other
similar devices which would allow the retail purchaser to purchase
alcoholic beverages while remaining in his vehicle. Drive-up windows
and other similar devices are hereby declared to be public nuisances
and thus subject to injunction to prevent uses in violation of this
Ordinance.
(C) A licensee found to have violated this provision shall be
subject to a civil penalty of not less than One Thousand Dollars
($1,000.00) and not more than Five Thousand Dollars ($5,000.00).
9.0 Penalty for Violating Ordinance-Revocation of License
(A) If any retail licensee is convicted of a violation under this
Ordinance, his license shall be immediately revoked or in the
discretion of the Tribal Council such other sanction may be imposed as
is authorized by this Ordinance. Any person violating the provisions of
this Ordinance shall, upon finding thereof, be deemed guilty and be
subject to such fine or penalty as is provided in this Ordinance.
(B) A person under the age of twenty-one (21) years \18\ who is
found to have violated any provision of this Ordinance shall be subject
to a One Hundred Dollar ($100.00) civil penalty for each offense.
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\18\ Resolution No. 214-2011, Amending Ordinance 73, Social Host
Law and Penalty, May 5, 2011.
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10.0 Officer or Agent, of Firm or Corporation, and Occupant of Premises
Deemed Party to Violation
(A) Where a violation of this Ordinance is committed by a
corporation or firm, the officer or agent in charge of the premises
where the violation was committed shall be deemed to be a party to the
violation and shall be personally liable to [sic] the penalties
prescribed for the offense as principal offender.
(B) Upon proof of the fact that a violation of this Ordinance has
been committed by any person in the employ of the occupant of any house
or premises, or by any guest of the occupant of any premises where the
violation was committed, the occupant of the premises shall be
personally liable for the penalties prescribed for the violation as
principal offender, notwithstanding the fact that the occupant did not
commit the violation or authorize its commission.
(C) Nothing in sections (A) and (B) above will relieve the person
actually committing the offense for liability, therefore.
11.0 Injunction Actions
(A) Upon the determination of the Tribal Council, in the exercise
of its sound discretion, an injunction and immediate temporary
restraining order may be sought against any retail licensee requesting
that he be prohibited from further sales of alcoholic beverages and
that his business as enacted activities be immediately suspended.
(B) The action may be started by the Tribal Council filing a
petition in the Tribal Court, verified by affidavit, showing the need
for immediate measures and showing that the licensee has been notified.
(C) If the Court finds that the circumstances present a public
nuisance or that the public health and welfare has been or in
endangered it shall issue a temporary restraining order and schedule a
show cause hearing no later than five (5) working days from the date
the temporary order is issued.
(D) The temporary restraining order will dissolve of its own force
and effect on the fifth day if the Tribe fails to go forward on its
petition on the day set for the hearing.
12.0 Delegation of Authority
The Blackfeet Tribal Council hereby reserves the right to delegate
any of the powers and duties stated in this Ordinance to any agency of
the Blackfeet Tribe. In the event of such a delegation, the Tribal
Council shall promptly notify all interested persons by proper
publication of which activities or duties have been delegated and to
which agency the delegation was made.
13.0 Federal Laws Applicable
The Federal Indian Liquor Laws remain applicable to any act or
transaction not authorized by this Ordinance and not otherwise in
compliance with Federal law, violators may be subject to federal
prosecution.
Part 8. Regulation of Wholesalers, Brewers, and State Liquor Stores
1.0 Brewers License To Sell Products--License Fee
(A) It shall be unlawful for any brewer of beer, wherever located,
to sell his product within the exterior boundaries of the Blackfeet
Reservation without first obtaining a license and paying the
appropriate fee as provided by this Ordinance.
(B) Every brewer who is licensed to do business within the State of
Montana, may obtain a license to sell his product within the Blackfeet
Indian Reservation by making application with the Blackfeet Tribal
Council and submitting a fee of Five Hundred Dollars ($500.00)
therewith.
(C) Upon being satisfied that the applicant is duly licensed by the
State of Montana, and otherwise of good moral character, the Tribal
Council shall issue such a license to the applicant.
2.0 Wholesale Distribution of Beer and Wine--License Required--Fee
(A) It shall be unlawful for any person or firm to sell, offer to
sell, or possess for sale any beer, or wine, or both, for wholesale
distribution, within the exterior boundaries of the Blackfeet
Reservation without first obtaining license and paying the appropriate
fee as required by this Ordinance.
(B) Any person desiring to possess and sell beer for wholesale or
wine for wholesale, or both, under the provisions of this Ordinance
shall apply to the Tribal Council for a license to do so, submitting
with his application his annual license fee of One Thousand Dollars
($1,000.00).
(C) Upon being satisfied that the applicant is a good moral
character, has sufficient capital and is otherwise a law-abiding
citizen, the Tribal Council shall issue the license to the applicant.
(D) If the Tribal Council shall determine that the license should
not be granted, the applicant shall be promptly notified, and his
license fee returned.
(E) This provision does not apply to stores owned or operated by
the State of Montana as State Liquor Stores.
3.0 State Liquor Store--Limit--Fee
(A) There shall be one (l) State Liquor Store on the Blackfeet
Indian Reservation. Said store shall not sell alcoholic beverages on
the Blackfeet Indian Reservation, whether at wholesale or retail,
without first obtaining a license pursuant to this Ordinance and paying
the appropriate fee.
(B) Upon application by the State of Montana and the tendering of a
One Thousand Dollars ($1,000.00) license therewith, Tribal Council
shall issue a license to the State Liquor Store which will enable said
store to sell alcoholic beverages at wholesale and at retail.
[[Page 103874]]
4.0 Renewal--Suspension--Revocation--Expiration
Licenses issued to wholesale distributors of alcoholic use,
brewers, and the State Liquor Store, pursuant to this Part, shall be
subject to expiration, renewal, revocation, and suspension pursuant to
the provisions of Part 4, Sections 7, 8 and 9.
5.0 Violators--Enforcement
The provisions of this Part may be enforced pursuant to the
provisions of Part 6, Sections 1 through 6 of this Ordinance, including
those provisions providing for the seizure and forfeiture of contraband
alcoholic beverages and conveyance devices which are used in violation
of this Ordinance.
Part 9. Effective Date and Repeal
1.0 Effective Date
This Ordinance shall be effective upon approval by the Bureau of
Indian Affairs and publication as required by law.
2.0 Repeal of Prior Ordinances and Resolutions
This Ordinance No. 73 hereby repeals all prior ordinances and
resolutions which regulate or purport to regulate the sale and
distribution of alcoholic beverages within the Blackfeet Indian
Reservation including Ordinance No. 6A. This Ordinance as amended, is
controlling.
[FR Doc. 2024-30255 Filed 12-18-24; 8:45 am]
BILLING CODE 4337-15-P