[Federal Register Volume 62, Number 82 (Tuesday, April 29, 1997)]
[Notices]
[Pages 23261-23263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10917]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
The Iowa Tribe of Oklahoma Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August
15, 1953, 67 Stat. 586, 18 USC Sec. 1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 US 713 (1983). I certify that the Iowa
Tribe of Oklahoma Liquor Ordinance was duly adopted by Ordinance Iowa
No. 93-02 of the Iowa Tribe of Oklahoma on June 5, 1993. The ordinance
provides for the regulation, sale, possession and use of alcoholic
liquor and beer within the Tribe's jurisdiction.
DATES: Notwithstanding the provisions of Section 28, this ordinance is
effective as of June 29, 1997.
FOR FURTHER INFORMATION CONTACT: Jerry Cordova, Office of Tribal
Services, 1849 C Street, NW, MS 4641 MIB, Washington, DC 20240-4001;
telephone (202) 208-4401.
SUPPLEMENTARY INFORMATION: The Iowa Tribe of Oklahoma Liquor Ordinance
is to read as follows:
Iowa Tribe of Oklahoma
Liquor Act of 1989
Be it Enacted by the Iowa Tribe of Oklahoma:
Repealed Law: The Iowa Tribe of Oklahoma Liquor Act, adopted by I-
89-47, August 22, 1989, repealed by I-90-19, January 3, 1990.
Section 1. Title and Purpose
This Act shall be known as the Iowa Tribe of Oklahoma Liquor Act of
1989. This Act is enacted to regulate the sale and distribution of
liquor and beer products within the Tribal jurisdiction of the Iowa
Tribe of Oklahoma, and to generate revenue to fund needed tribal
programs and services.
Section 2. Definitions
Unless otherwise required by the context the following words and
phrases shall have the designated meanings:
(A) ``Tribe'' shall mean the Iowa Tribe of Oklahoma, Rural Route
721, Perkins, Oklahoma 74059.
(B) ``Business Committee'' shall mean the Iowa Tribe of Oklahoma
Business Committee as constituted by Article V of the Constitution and
By-Laws of the Iowa Tribe of Oklahoma.
(C) ``Tribal Jurisdiction'' shall mean:
(1) All land within the limits of the Iowa Tribe of Oklahoma under
the jurisdiction of the United States government, notwithstanding the
issuance of any patent, and, including rights of ways running through
the reservation;
(2) All dependant Iowa Tribe of Oklahoma communities within the
borders of the United States whether within the original or
subsequently acquired territory thereof, and whether within or without
the limits of a state and;
(3) All Iowa Tribe of Oklahoma Indian Allotments, the Indian titles
to which have not been extinguished, including rights of ways running
through the same.
(D) ``Member'' shall mean any person whose name appears on the
official roll of the Iowa Tribe of Oklahoma.
(E) ``Commercial Sale'' shall mean the transfer, exchange or
barter, in any or by any means whatsoever for a consideration by any
person, association, partnership, or corporation of liquor and beer
products.
[[Page 23262]]
(F) ``Wholesale Price'' shall mean the established price for which
liquor and beer products are sold to the Iowa Tribe of Oklahoma or any
licensed operator by the manufacturer or distributor, exclusive of any
discount or other reduction.
(G) ``Alcohol'' is the substance known as ethyl alcohol, hydrated
oxide of ethyl, or spirit of wine, which is produced by the
fermentation of distillation of grain, starch, molasses, or sugar, or
other substances including all dilutions and mixtures of this
substance.
(H) ``Beer'' means any beverage obtained by the alcohol
fermentation of an infusion or decoction of pure hop, or pure extract
of hops, and malt sugar in pure water containing not more than 6% of
alcohol by weight.
(I) ``Liquor Outlet'' shall mean either:
(1) A tribally licensed retail sale or wholesale business selling
liquor or beer within the tribal jurisdiction, or
(2) A tribally licensed commercial establishment selling liquor or
beer for consumption within tribal jurisdiction. For purposes of this
Act, ``Outlet'', ``Liquor Outlet'' and ``Liquor and Beer Outlet'' shall
be deemed to have the same meaning and a reference to one shall be
deemed a reference to and inclusion of the others.
(J) ``Operator'' shall mean all enrolled members of twenty-one (21)
years of age or older, of the Iowa Tribe of Oklahoma or enrolled
members of twenty-one (21) years of age or older, of another federally
recognized Tribe of American Indians licensed by the Iowa Tribe of
Oklahoma, or any designated agent of twenty-one (21) years of age, or
older, of any corporation chartered or domesticated pursuant to the
Iowa Corporation Act, to operate either a retail, wholesale or
commercial liquor and beer outlet, or any combination thereof.
Section 3. Licensing of Liquor and Beer Outlets
The Iowa Tribe of Oklahoma Business Committee shall be the Iowa
Tribe of Oklahoma Liquor and Beer Control Commission. The Commission is
empowered to:
(A) Administer these regulations by exercising general control,
management and supervision of all liquor and beer sales, places of sale
and sales outlets as well as exercising all powers necessary to
accomplish the purpose of these regulations.
(B) Adopt and enforce rules and regulations in furtherance of the
purpose of these regulations and in the performance of its
administrative functions.
Section 4. Nature of Outlet
Each liquor and beer outlet, licensed granted by the Commission,
hereunder, shall be managed pursuant to the conditions herein set out,
and as adopted pursuant to Section 3, subparagraph B, of this law.
Section 5. Application For Liquor and Beer Outlet License
Any enrolled member, twenty-one years of age and older, of the Iowa
Tribe of Oklahoma or an enrolled member, twenty-one (21) years of age
or older, of a federally recognized Tribe or any designated agent
twenty-one (21) years of age or older, of any corporation chartered or
domesticated pursuant to the Iowa Corporation Act may apply to the
Commission for a liquor and beer outlet license.
Section 6. Corporations
Any corporation chartered or domesticated pursuant to the Iowa
Corporation Act may apply to the Commission for a liquor and beer
outlet license.
Section 7. Processing of Application
The Tribal Secretary-Treasurer or other representative authorized
by the Commission shall receive and process applications and be the
official representative of the Tribe and Commission in matters relating
to liquor and beer excise tax collections and related matters. The
Commission or its authorized representative shall obtain additional
information as deemed appropriate. If the Commission or its authorized
representative is satisfied that the applicant is a suitable and
respectable person, the Commission or its authorized representative may
issue a license for the sale of liquor and beer products.
Section 8. Application Fee
Each application shall be accomplished by an application fee of
twenty-five dollars ($25.00).
Section 9. Liquor and Beer License
Upon approval of an application, the Commission shall issue the
applicant a liquor and beer outlet license, for one year from the date
of issuance, which shall entitle the operator to establish and maintain
only the type outlet being permitted. This license shall not be
transferable. It shall be renewable at the discretion of the Commission
upon submission of the licensee of the application form required in
Section 5 and payment of the application fee required in Section 8.
Section 10. Non-Indian License
(RESERVED)
Section 11. Regarding Sales By Liquor Wholesales and Transport of
Liquors Within the Tribal Jurisdiction
The operator of any licensed outlet shall keep the Commission
informed in writing of the identity of suppliers and/or wholesalers who
supply or are expected to supply liquor stocks to the outlet(s). The
Commission may, at its discretion, for any reasonable cause, limit or
prohibit the purchase of said stock from a supplier or wholesaler.
Section 12. Freedom of Information From Suppliers
Operators shall, in their purchase of stock and in their business
relations with suppliers, cooperate with and assist the free flow of
information and data to the Commission from suppliers relating to the
sales and business arrangements between the suppliers and operators.
The Commission may, at its discretion, require the receipts from the
suppliers of all invoices, bills of lading, billings or other
documentary receipts of sales to the operators.
Section 13. Sales By Retail, Wholesale and Commercial Operators
(A) The Commission shall adopt procedures which shall supplement
these Regulations and facilitate their enforcement. These procedures
shall include limitations on sales to minors, where liquor may be
consumed, persons not allowed to purchase alcoholic beverages, hours
and days when outlets may be open for business, and other appropriate
matters and controls.
(B) No tribal operator shall give, sell, or otherwise supply liquor
to any person under twenty-one (21) years of age either for his or her
own use or for the use of his or her parents or for the use of any
other person.
(C) No tribally licensed retail or wholesale operator shall permit
any person to open or consume liquor on his or her premises or any
premises adjacent thereto and in his or her control; provided, the
Commission may identify specific locations within Tribal jurisdiction
where beer and/or alcohol may be consumed.
(D) A tribally licensed commercial operator may permit persons to
open and consume liquor and beer on his or her licensed premises;
provided, the operator may not permit persons to open and consume
liquor and beer on any premises adjacent thereto and under the control
of the operator.
[[Page 23263]]
Section 14. Conduct on Licensed Premises
Conduct prohibited on licensed premises shall be in accordance with
the laws of the State of Oklahoma and the laws of the Iowa Tribe of
Oklahoma. Jurisdiction over such conduct is reserved to and exercised
by the Iowa Tribe of Oklahoma. Jurisdiction over such conduct is
reserved to and exercised by the Iowa Tribe of Oklahoma.
Section 15. Employment of Minors
No person under the age of twenty-one (21) years of age shall be
employed in any service in connection with the sale or handling of
liquor, either on a paid or voluntary basis, except as otherwise
provided herein. Employees eighteen (18) years or older may sell or
handle beer or wine provided that there is direct supervision by an
adult twenty-one (21) years of age or older.
Section 16. Operator's Premises Open to Commission Inspection
The premises of all operators, including vehicles used in
connection with liquor sales, shall be open at all times to inspection
by the Iowa Tribe of Oklahoma, Liquor and Beer Control Commission or
its designated representative.
Section 17. Operator's Records
The original or copies of all sales slips, invoices, and other
memoranda covering all purchases of liquor by operators shall be kept
on file in the retail premises of the operator purchasing the same for
at least five (5) years after each purchase, and shall be filed
separately and kept apart from all other records, and as nearly as
possible shall be filed in consecutive order and each month's records
kept separate so as to render the same readily available for inspection
and checking. All canceled checks, bank statements and books of
accounting covering or involving the purchase of liquor, and all
memoranda, if any, showing payment of money for liquor other than by
check, shall be likewise preserved for availability for inspection and
checking.
Section 18. Records Confidential
All records of the Iowa Tribe of Oklahoma Liquor and Beer Control
Commission showing purchase of liquor by an individual or group shall
be confidential and shall not be inspected except by members of the
Commission or the Commission's authorized representative.
Section 19. Conformity With State Law
Operators shall operate the outlets in conformity with both the
laws of the State of Oklahoma and this Act as required by 18 U.S.C.
1161.
Section 20. Tribal Excise Tax Imposed Upon Distribution of Liquor
(A) The Commission shall by resolution include a provision for the
taxing of sales of liquor and beer products to the consumer or
purchaser. Such tax shall be in amounts equal to at least 5% of all
retail sales prices, but the Commission may establish tax rates in
excess of that 5% for any given class of merchandise.
(B) The excise tax levied hereunder shall be added to the retail
selling price of liquor and beer products sold to the ultimate
consumer.
Section 21. Liability for Bills
The Tribe shall have no legal responsibility for any unpaid bills
owed by a liquor and beer outlet to a wholesale supplier or any other
person.
Section 22. Other Business by Operator
An operator may conduct another business simultaneously with
managing liquor and beer outlet; provided, such other business must be
approved prior to initiation by majority vote of the Iowa Tribe of
Oklahoma Business Committee. Said other business may be conducted on
the same premises as a liquor and beer outlet, but the operator shall
be required to maintain separate books of account for the other
business.
Section 23. Tribal Liability and Credit
(A) Operators are forbidden to represent or give the impression to
any supplier or person with whom he or she does business that he or she
is an official representative of the Tribe or the Commission authorized
to pledge tribal credit or financial responsibility for any of the
expenses of his or her business operation. The operator shall hold the
Iowa Tribe of Oklahoma harmless from all claims and liability of
whatever nature. The Commission shall revoke an operator's outlet
license(s) if said outlet(s) is not operated in a businesslike manner
or if it does not remain financially solvent or does not pay its
operating expenses and bills before they become delinquent.
(B) The operator shall maintain at his or her expense adequate
insurance covering liability, fire, theft, vandalism, and other
insurable risks. The Commission or the Business Committee may
establish, as a condition of any license, the required insurance limits
and any additional coverages deemed advisable.
Section 24. Audit and Inspection
(A) All of the books and other business records of the outlet shall
be available for inspection and audit by the Commission or its
authorized representative for any reasonable time.
(B) The excise tax together with reports on forms to be supplied by
the Commission shall be remitted to the Tribal office monthly unless
otherwise specified in writing by the Commission. The operator shall
furnish a satisfactory bond to the Tribe in an amount to be specified
by the Commission guaranteeing his or her payment of excise taxes.
Section 25. Revocation of Operator's License
Failure of an operator to abide by the provision of these
regulations and any additional regulations or requirements imposed by
the Commission will constitute grounds for revocation of the operator's
license as well as enforcement of the penalties provided in Section 26.
Section 26. Violation--Penalties
Any Indian violating these Regulations shall be guilty of an
offense and subject to a fine of not less than fifty dollars ($50.00)
and not to exceed a maximum of two hundred-fifty dollars ($250.00). Any
operator who violates the provisions set forth herein shall forfeit all
of the remaining stock in outlet(s). The Tribe shall be empowered to
seize forfeited products.
Section 27. Separability
If any provision of the Regulations in its application to any
person or circumstance is held invalid, the remainder of the
Regulations and their application to other persons or circumstances is
not affected.
Section 28. Effective date
This Act shall become effective January 3, 1990, by Resolution I
90-19, as amended October 12, 1990, by Resolution I-92-02; May 22, 1991
by Resolution I-91-28; and General Council Ratification by Ordinance
Iowa No. 93-02, June 5, 1993.
Dated: April 21, 1997
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-10917 Filed 4-28-97; 8:45 am]
BILLING CODE 4310-02-P
