[Federal Register Volume 61, Number 130 (Friday, July 5, 1996)]
[Notices]
[Pages 35244-35247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17089]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Sac and Fox Nation Beer and Liquor Act
AGENCY: Bureau of Indian Affairs.
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 U.S.C. 1161. I certify that by Resolution
SF-95-51, the Sac and Fox Nation Beer and Liquor Act was duly adopted
by the Sac and Fox Nation on February 23, 1995. The Act provides for
the possession, sale, introduction for sale, purchase, or other dealing
in alcoholic beverages within Sac and Fox Indian country, as defined by
18 U.S.C. Sec. 1151.
DATES: This Act is effective as of July 5, 1996.
FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services,
Division of Tribal Government Services, 1849 C Street, N.W., MS-4603-
MIB, Washington, D.C. 20240; telephone (202) 208-4401.
SUPPLEMENTARY INFORMATION: The Sac and Fox Nation Beer and Liquor Act
is to read as follows:
Sac and Fox Nation Beer and Liquor Act
Section 1001. Title and Purpose
This chapter shall be known as the Sac and Fox Nation Beer and
Liquor Act. These laws are enacted to regulate the sale and
distribution of liquor and beer products on All Properties under the
jurisdiction of the Sac and Fox Nation, and to generate revenue to fund
needed tribal programs and services.
Section 1002. Definitions
Unless otherwise required by the context, the following words and
phrases shall have the designated meanings:
a. ``Nation/Tribe/Tribal'' shall mean the Sac and Fox Nation of
Oklahoma.
b. ``Business Committee'' shall mean the Sac and Fox Nation
Business Committee as constituted by Article III of the Constitution of
the Sac and Fox Nation.
c. ``Commission'' shall mean the Sac and Fox Tax Commission.
d. ``Indian Country'' shall mean Indian Country as defined by 18
U.S.C. Section 1151 subject to the jurisdiction of the Sac and Fox
Nation, including without limitation:
i. Tribal Trust Land. Any lands and waters held in trust by the
Federal Government within the jurisdiction of the Sac and Fox Nation;
ii. Tribal Properties in Trust Status Process. Lands and waters in
process to achieve trust status under the Federal Government within the
jurisdiction of the Sac and Fox Nation;
iii. Other Properties. All other lands and waters however acquired
and not currently in process to achieve trust status under the Federal
Government within the jurisdiction of the Sac and Fox Nation.
[[Page 35245]]
e. ``Sale'' shall mean the transfer, exchange or barter, by any
means whatsoever, for a consideration by any person, association,
partnership, or corporation, of liquor and beer products.
f. ``Alcohol'' means and includes hydrated oxide of ethyl, ethyl
alcohol, ethanol, or spirits of wine, beer in excess of 3.2% alcohol,
from whatever source or by whatever source or by whatever process
produced including all dilutions and mixtures of this substance.
g. ``Beer'' means any non-alcoholic beverage containing 3.2% or
less alcohol and obtained by the alcoholic fermentation of an infusion
or decoction of pure hops, or pure extract of hops, barley, or other
grain, malt or similar products. ``Beer'' includes among other things,
beer, ale, stout, lager beer, porter and other malt or brewed liquors.
h. ``Liquor'' or ``Alcoholic Beverage'' includes the four varieties
of liquor commonly referred to as alcohol, spirits, wine, and beer in
excess 3.2%, and all fermented, spirituous, vinous or malt liquor or
any other intoxicating liquid, solid, semi-solid or other substance,
patented or not, containing alcohol, spirits, wine or beer and intended
for oral consumption.
i. ``Outlet'', ``Liquor Outlet'', or ``Licensed Premises'' means
the location within the Sac and Fox Indian Country at which a person
licensed to sell alcoholic beverages under this Act carries on such
business, and includes all related and associated facilities under the
control of the Licensee. Moreover, where a Licensee's business is
carried on as part of the operation of an entertainment or recreation
facility, the ``licensed premises'' shall be deemed to include the
entire entertainment or recreation facility and associated areas.
j. ``Operator'' shall mean any person twenty-one (21) years of age
or older, properly licensed by the Nation to operate a liquor and/or
beer outlet.
k. ``License'' shall mean the privilege granted pursuant to this
Act to any person to sell or distribute liquor or beer within the Sac
and Fox Jurisdiction.
Section 1003. Prohibition
The sale, introduction for sale, purchase, or other dealing in
alcoholic beverages, except as is specifically authorized by this
title, is prohibited within the Sac and Fox Indian Country.
Section 1004. Liquor and Beer Control Commission
The Sac and Fox Nation Tax Commission shall be empowered to :
a. Administer this law 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
purposes of this law.
b. Adopt and enforce rules and regulations in furtherance of the
purpose of this law and in the performance of its administrative
functions.
Section 1005. Application for Liquor and Beer Outlet License
a. Application. Any person twenty-one (21) years of age or older,
may apply to the Commission for a liquor and/or beer outlet license.
b. Licensing Requirements. The person applying for such permit must
make a showing once a year, and must satisfy the Commission; including
the following, but not limited to:
i. that he is person of good moral character;
ii. that he has never been convicted of violating any of the laws
regarding the regulation of any spirituous, vinous, fermented or malt
liquors, or of the gambling laws of the Nation, the State of Oklahoma,
or any other Tribe or State of the United States, within three (3)
years immediately preceding the date of his petition;
iii. that he has not violated the laws commonly called
``prohibition laws'';
iv. that she or he has not had any permit or license to sell
intoxicating liquors revoked by any governmental authority, within the
past twelve (12) months;
c. Processing of Application. The Sac and Fox Nation Tax Commission
Chairperson or Authorized Representative shall receive and process
applications and be the official representative of the Nation and
Commission in matters relating to receipt of applications and related
matters. If the Commission or its authorized representative is
satisfied that the applicant is suitable and a respectable person, the
Commission or its authorized representative may issue a license for the
sale of liquor and/or beer products.
d. Application Fee. Each Beer License application shall be
accompanied by a non-refundable application fee to be set by regulation
of the Commission, with the concurrence of the Business Committee.
e. Discretionary Licensing. Nothing herein shall be deemed to
create a duty or requirement to issue a license. Issuance of licenses
is discretionary upon the Commission's determination of the best
interests of the Sac and Fox Nation, and the license grants a
privilege, but not a property right, to sell liquor and/or beer within
the jurisdiction of the Sac and Fox Nation at the licensed outlet(s).
Section 1006. Liquor and Beer Licenses
Upon approval of an application, the Commission shall issue the
applicant a liquor and/or beer license, for one year from the date of
issuance, which shall entitle the operator to establish and maintain
only the type of outlet being permitted. This license shall not be
transferable. The Licensee must properly and publicly display the
license in the place of business. It shall be renewable at the
discretion of the Commission, by submission of the Licensee of
subsequent application form and payment of application fee as provided
in Section 1005.
Section 1007. Sales by Liquor Wholesalers and Transport of Liquors Upon
Sac and Fox Indian Country
a. Right of Commission to Scrutinize Suppliers. The Operation 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 or beer stocks to the outlet(s). The Commission may,
at its discretion, limit or prohibit the purchase of said stock from a
supplier or wholesaler for the following reasons: non-payment of tribal
taxes; bad business practices, or sale of unhealthy supplies. A ten
(10) day notice to stop supplier purchases will be given by the
Commission. However, a Stop Purchase order may take effect immediately
if there is a health emergency.
b. 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.
c. Businesses shall comply with applicable Tribal Laws, for
domestication or entry of Foreign Corporations.
Section 1008. Sales by Retail Operators
a. Commission Procedures. The Commission shall adopt procedures
which shall supplement these laws and facilitate their enforcement.
These procedures shall include prohibitions on sales to minors, where
liquor may be
[[Page 35246]]
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. Sales to Minors. No person shall give, sell, or otherwise supply
liquor or beer 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 use
of any other person.
c. Consumption of Beer or Liquor Upon Licensed Premises shall be
prohibited in Sac and Fox Indian Country until the Sac and Fox Business
Committee otherwise allows by regulation.
d. Conduct on Licensed Premises.
i. No Operator shall be disorderly, boisterous, or intoxicated on
the licensed premises or on any public premises adjacent thereto which
are under his or her control, nor shall he or she permit any
disorderly, boisterous, or intoxicated person to be thereon; nor shall
he or she use or allow the use of profane or vulgar language thereon.
ii. No Operator shall permit suggestive, lewd, or obscene conduct
or acts on his or her premises. For the purpose of this section,
suggestive, lewd or obscene acts of conduct shall be those acts or
conduct identified as such by the laws of the Nation.
e. Employment of Minors. No person under the age of twenty-one (21)
years shall be employed in any service in connection with the sale or
handling of liquor and/or beer, either on a paid or voluntary basis.
f. Operator's Premises Open to Inspection. The premises of all
Operators, including vehicles used in connection with beer or liquor
sales, shall be open at all times to inspection by the Commission or
its designated representative.
g. Operator's Record. The originals or copies of all sales slips,
invoices, and other memoranda covering all purchases of liquor by
Operators shall be kept on file on the retail premises of the Operator
purchasing the same, for at least three (3) 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. 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.
h. Records Confidential. All records of the Commission showing the
purchase of liquor by any individual or group shall be confidential and
shall not be inspected except by members of the Commission or its
authorized representative.
i. Conformity with State Law. Operators shall comply with State of
Oklahoma Liquor and Beer Control Standards to the extent required by 18
U.S.C. 1161. However, the Nation shall have the fullest jurisdiction
allowed under Federal law over liquor and beer, and related products or
activities, within the boundaries of all Sac and Fox Indian Country.
Section 1009. Tribal Excise Tax Imposed Upon Distribution of Liquor
a. Nation Excise Taxes. The Nation shall have authority to assess
and collect tax on sales of liquor and beer products to the consumer or
purchaser. The tax shall be collected and paid to the Sac and Fox Tax
Commission upon all Liquor and Beer products sold within the
jurisdiction of the Nation. The Nation may establish differing tax
rates for any given class of merchandise, which shall be paid prior to
the time of retail sale and delivery thereof.
b. Added to Retail Price. An excise tax, to be set by the Business
Committee of the Sac and Fox Nation, on the wholesale price shall be
added to the retail selling price of liquor and beer products sold to
the consumer or purchaser. All taxes paid pursuant to this Act shall be
conclusively presumed to be direct taxes on the retail consumer
precollected for the purposes of convenience and facility only.
c. Within 72 hours after receipt of any beer or alcoholic beverages
by any wholesaler or retailer subject to this Act a tribal tax stamp
shall be securely affixed thereto denoting the tribal tax thereon.
Retailers or sellers of beer or alcoholic beverages within the Nation's
jurisdiction may buy and sell or have in their possession only beer or
alcoholic beverages which have the tribal tax stamp affixed to each
package.
Section 1010. Liability for Bills
The Nation and/or the Commission shall have no legal responsibility
for any unpaid bills owed by a liquor or beer outlet to a wholesale
supplier or any other person or entity.
Section 1011. Other Business by Operator
An Operator may conduct another business simultaneously with
managing a liquor or beer outlet: PROVIDED, if such other business is
in any manner affiliated or related to the beer or liquor outlet it
must be approved by majority vote of the Commission prior to
initiation. Said other business may be conducted on the same premises
as a liquor or beer outlet, but the Operator shall be required to
maintain books of account that clearly differentiate the liquor or beer
portion of the business.
Section 1012. Tribal Liability and Credit
a. Unless explicitly authorized by Tribal statute, Operators are
forbidden to represent or give the impression to any person or entity
that he or she is an official representative of either the Nation 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 Nation harmless from all claims
and liability of whatever nature. The Commission shall revoke
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 bill before they become
delinquent.
b. Insurance. The Operator shall maintain at his or her expense
adequate insurance covering liability, fire, theft, vandalism, and
other insurance risks. The Commission may establish as a condition of
any license, the required insurance limits and any additional coverage
deemed advisable, proof of which shall be filed with the Commission.
Section 1013. 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 at any reasonable time.
b. Bond for Excise Tax. The excise tax together with reports on
forms to be approved by the Commission shall be remitted to the
Commission office on a monthly basis, unless otherwise specified in
writing by the Commission. The Operator shall furnish a satisfactory
bond to the Commission in an amount to be specified by the Commission,
guaranteeing his or her payment of excise taxes.
Section 1014. Revocation of Operator's License
Failure of an Operator to abide by the requirements of this Act 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 1015 of this
Act.
[[Page 35247]]
a. Upon determining that any person licensed by the Sac and Fox to
sell beer or alcoholic beverages is for any reason no longer qualified
to hold such license or reasonably appears to have violated any terms
of the license or tribal regulation, including failure to pay taxes
when due and owing, or has been found by any forum of competent
jurisdiction, including the Commission, to have violated the terms of a
tribal or state license or of any provision of this title, the Chairman
shall immediately serve written notice upon the Licensee directing that
he show cause within ten (10) days why his or her Sac and Fox license
should not be revoked or restricted. The notice shall state the grounds
relied upon for the proposed revocation or restriction.
b. If the Licensee fails to respond to the notice within ten (10)
days of service, the Chairman may issue an order revoking the license
or placing such restrictions of the license as the Chairman deems
appropriate, effective immediately. The Licensee may, within the 10 day
period, file with the Office of the Chairman a written response and
request for hearing before the Commission.
c. At the hearing, the Licensee may present evidence and argument
directed at the issue of whether or not the asserted grounds for the
proposed revocation or restriction are in fact true, and whether such
grounds justify the revocation or modifications of the license. The
Nation may present other evidence as it deems appropriate.
d. The Commission after considering all of the evidence and
arguments shall issue a written decision either upholding the license,
revoking the license or imposing some lessor penalty (such as a
temporary suspension or a fine), and such decision shall be final and
conclusive.
e. The Commission's final decision, upon posting a bond with the
Court sufficient to cover the Commission's final hearing assessment or
ruling, may be appealed by Licensee to the Sac and Fox Court. Any
findings of fact of the Commission are conclusive upon the Court unless
clearly contrary to law. The purposes of Court review are not to
substitute the Court's finding of facts or opinion for the Commission's
but to guarantee due process of law. If the Court should rule for the
appealing party, the court may order a new hearing giving such guidance
for the conduct of such as it deems necessary for a fair hearing. No
damages or monies may be awarded against the Commission, its members,
nor the Nation and its agents and employees in such an action.
Section 1015. Violations--Penalties
Any person who violates these laws or elicits, encourages, directs
or causes to be violated these laws shall be guilty of an offense and
subject to a fine. Failure to have a current, valid or proper license
shall not constitute a defense to an alleged violation of the licensing
laws or regulations. The Sac and Fox Nation Court System will have
jurisdiction over the proceedings.
a. Any person convicted of committing any violation of this Act
shall be subject to punishment of up to one year imprisonment and/or a
fine not to exceed Five Thousand Dollars ($5,000.00).
b. Additionally, any person upon committing any violation of any
provision of this Act may be subject to a civil action for trespass,
and upon having been determined by the Court to have committed the
violation, shall be found to have trespassed upon the lands of the Sac
and Fox Nation, and shall be assessed such damages as the Court deems
appropriate in the circumstances.
c. Any person suspected of having violated any provision of this
Act shall, in addition to any other penalty imposed hereunder, be
required to surrender any beer or alcoholic beverages in such person's
possession to the officer making the arrest or complaint. The
surrendered beverages, if previously unopened, shall only be returned
upon a finding by the Court after trial that the individual committed
no violation of this Title.
d. Any Operator who violates the provisions set forth herein shall
forfeit all of the remaining stock in the outlet(s). The Commission
shall be empowered to seize forfeited products.
e. Any stock, goods or other items subject to this Act that have
not been registered, licensed, or taxes paid shall be contraband and
subject to immediate confiscation by the Commission or its employees or
agents, Provided, that within 15 days of the seizure the Commission
shall cause to be filed an action against such property alleging the
reason for the seizure or confiscation, and upon proof, the Court shall
order the property forfeited and title vested in the Sac and Fox Nation
of Oklahoma.
f. Physical seizure of items shall be in accordance with the
provisions contained in Title 14, chapter 1, General Revenue and
Taxation.
Section 1016. Possession for Personal Use
Possession of beer or alcoholic beverages for the personal use by
persons over the age of 21 years shall, unless otherwise prohibited by
Federal or Tribal law or regulation, be lawful within the Sac and Fox
Indian Country, so long as such beer or alcoholic beverages were
lawfully purchased from an establishment duly licensed to sell such
beverages, whether on or off the Sac and Fox Indian Country and
consumed within a private residence or location, or at a location or
facility specifically licensed for the public consumption of alcoholic
beverages.
Section 1017. Transportation Through Reservation Not Affected
Nothing herein shall pertain to the otherwise lawful transportation
of beer or alcoholic beverages through the Sac and Fox Indian Country
by persons remaining upon public highways and where such beverages are
not delivered, or sold or offered for sale to anyone within the Sac and
Fox Indian Country.
Section 1018. Separability
If any provision of these laws is held invalid, the remainder of
the laws and their application to other persons or circumstances is not
affected.
Section 1019. Relation to Other Sac and Fox Laws
All prior statutes, ordinances, and resolutions enacted by the Sac
and Fox Nation regulating, authorizing, prohibiting or in any way
relating to the sale of beer or alcoholic beverages within the Sac and
Fox Indian Country are hereby repealed and have no further force or
effect.
Section 1020. Sovereign Immunity Preserved
Nothing in this statute shall be construed as a waiver or
limitation of the sovereign immunity of the Sac and Fox Indian Nation
or its agencies, nor their officers or employees.
Section 537. Possession of an Alcoholic Beverage.
(a). It shall be unlawful to buy, sell, give away, consume,
furnish, or possess any beer, ale, wine, liquor, spirits, or any other
beverage or product containing alcohol for ingestion by human beings;
or to appear or be found in a place where beer or alcoholic beverages
are sold and/or consumed, except as allowed by the Sac and Fox Beer and
Liquor Act or regulation there under.
Dated: June 25, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-17089 Filed 7-3-96; 8:45 am]
BILLING CODE 4310-22-P
