45966 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

Section 9.5. Amendment 

Amendments must be approved and 

published in the Federal Register. The 

effective date of an amendment is 30 

days after publication. 

Section 9.6. Sovereign Immunity 

The Sovereign Immunity of the Craig 

Tribal Association shall not be waived 

by this Ordinance. 

[FR Doc. 2018–19731 Filed 9–10–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAAA003010/ 

A0T602020.999900] 

Ponca Tribe of Nebraska Liquor 

Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Ponca Tribe of Nebraska’s Liquor 

Control Ordinance. This Liquor Control 

Ordinance is to regulate and control the 

possession, sale, manufacture, and 

distribution of alcohol in conformity 

with the laws of the State of Nebraska 

for the purpose of generating new Tribal 

revenues. Enactment of this Ordinance 

will help provide a source of revenue to 

strengthen Tribal government, provide 

for the economic viability of Tribal 

enterprises, and improve delivery of 

Tribal government services. 

DATES: This Ordinance takes effect on 

September 11, 2018. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Todd Gravelle, Supervisory Tribal 

Operations Specialist, Great Plains 

Regional Office, Bureau of Indian 

Affairs, 115 Fourth Avenue South East, 

Suite 400, Aberdeen, South Dakota 

57401 Telephone: (605) 226–7376, Fax: 

(605) 226–7379. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor control 

laws for the purpose of regulating liquor 

transactions in Indian country. The 

Ponca Tribe of Nebraska duly adopted 

the Liquor Control Ordinance on July 

21, 2018. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that the Ponca Tribe of Nebraska 

Tribal Council duly adopted by 

Resolution this Liquor Control 

Ordinance by Resolution No. 18–43, on 

July 21, 2018. 

Dated: August 22, 2018. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

The Ponca Tribe of Nebraska’s Liquor 

Control Ordinance shall read as follows: 

PONCA TRIBE OF NEBRASKA 

TITLE XVI 

LIQUOR CONTROL 

CHAPTER 1 

GENERAL PROVISIONS 

Section 16–1–1. Authority. This Title 

is enacted by the Tribal Council: 

1. Pursuant to and in accordance with 

Article V, Section 1(j), (l), (o) and (p) of 

the Constitution; 

2. Pursuant to and in accordance with 

federal statutes and other laws, 

including the Act of August 15, 1953, 67 

Stat. 586, codified at 18 U.S.C. 1161, 

which provide a federal legal basis for 

the Tribe to regulate liquor on Tribal 

lands; and 

3. In conformity with applicable state 

laws. 

Section 16–1–2. Purpose. The Tribe 

wishes to exercise its sovereignty and 

federal delegated authority to control 

liquor on Tribal lands and, therefore, 

the purpose of this Title is: 

1. To control liquor distribution, sale 

and possession on Tribal lands; 

2. To establish procedures for the 

licensing of the manufacture, 

distribution and sale of liquor on Tribal 

lands; and 

3. To otherwise regulate the 

manufacture, distribution, sale and 

consumption of liquor. 

Section 16–1–3. Definitions. Unless 

the context requires otherwise or 

another definition is provided for a 

particular chapter or section, in this 

Title: 

1. ‘‘Alcohol’’ means the product of 

distillation of any fermented liquid, 

whether rectified or diluted, whatever 

the origin, and includes synthetic ethyl 

alcohol and alcohol processed or sold in 

a gaseous form, but excludes denatured 

alcohol or wood alcohol. 

2. ‘‘Beer’’ means any beverage 

obtained by the alcoholic fermentation 

of an infusion or decoction of pure 

hops, or pure extract of hops and pure 

barley malt or other wholesome grain or 

cereal in pure water and includes, but 

is not limited to, beer, ale, malt liquor, 

stout, lager beer, porter, near beer, 

flavored malt beverage, and hard cider. 

3. ‘‘Board’’ means the Ponca Tribe of 

Nebraska Liquor Control Board. 

4. ‘‘Board member’’ means a member 

of the Board. 

5. ‘‘Brewer’’ means any person 

engaged in the business of 

manufacturing beer. 

6. ‘‘Distiller’’ means any person 

engaged in the business of distilling 

spirits. 

7. ‘‘Distribute’’ means to deliver or 

sell liquor products prior to retail sale. 

8. ‘‘Liquor’’ means alcohol, beer, 

spirits, wine, all other fermented, 

spirituous, vinous, or malt liquors, or 

combinations thereof, and mixed liquor, 

a part of which is fermented, spirituous, 

vinous or malt liquor or otherwise 

intoxicating, and includes every liquid, 

solid, semi-solid or other substance, 

patented or not, containing alcohol, 

beer, spirits, or wine and all 

preparations or mixtures of liquor 

capable of human consumption. 

9. ‘‘Manufacturer’’ means a person 

engaged in the preparation of liquor for 

sale in any form whatsoever, including 

brewers, distillers, and wineries. 

10. ‘‘On-sale’’ means the sale of liquor 

for consumption upon the premises 

where sold. 

11. ‘‘Off-sale’’ means the sale of liquor 

for consumption off the premises where 

sold. 

12. ‘‘Retailer’’ means any person who 

acquires liquor from a wholesaler or 

otherwise sells, distributes, or gives 

away any liquor from any location or 

facility for any purpose other than resale 

or further processing. 

13. ‘‘Sale’’ means the transfer of 

ownership of, title to, or possession of 

goods for money, other goods, services, 

or other valuable consideration, 

including bartering, trading, 

exchanging, renting, leasing, conditional 

sales, and any sales where possession of 

goods is given to the buyer but title is 

retained by the seller as security for the 

payment of the purchase price. 

14. ‘‘Spirits’’ means any beverage 

which contains alcohol obtained by 

distillation, whether mixed with water 

or other substance in solution, and 

includes brandy, rum, whiskey, gin, or 

other spirituous liquors and such 

liquors when rectified, blended, or 

otherwise mixed with alcohol or other 

substances. 

15. ‘‘Tribal Court’’ means the Ponca 

Tribe of Nebraska Tribal Court. 

16. ‘‘Tribal lands’’ means: 

a. All lands held in trust by the 

United States for the benefit of the Tribe 

or its members; 

b. All fee lands owned by the Tribe 

and located within one or more of the 

Tribe’s service areas as defined by 

Public Law 101–484 and any 

amendments thereto; and 


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c. All lands of the Tribe or its 

members defined as Indian country by 

18 U.S.C. 1151, including dependent 

Indian communities. 

17. ‘‘Wholesaler’’ means any person 

who acquires or otherwise possesses 

liquor for resale or otherwise sells, 

distributes, resells or gives away liquor 

to a retailer. 

18. ‘‘Wine’’ means any alcoholic 

beverage obtained by fermentation of 

fruits, vegetables or other agricultural 

products containing sugar, including 

such beverages when fortified by the 

addition of alcohol or spirits. 

Section 16–1–4. Consent to 

Jurisdiction. Any person who resides on 

Tribal lands or conducts business or 

engages in a business transaction on 

Tribal lands or with the Tribe, enters 

into a consensual relationship with 

Tribe, acts under Tribal authority, or 

enters on Tribal lands shall be deemed 

to have consented to the following: 

1. To be bound by the terms of this 

Title; and 

2. To the exercise of jurisdiction by 

the Tribal Court over him or her in an 

action arising under this Title. 

Section 16–1–5. Non-Liability. There 

shall be no liability on the part of the 

Tribe, its agencies, departments, 

enterprises, agents, officers, officials or 

employees for any damages which may 

occur as a result of reliance upon or 

conformity with the provisions of this 

Title. 

Section 16–1–6. Severability. If any 

chapter, section or provision of this 

Title or amendment made by this Title 

is held invalid, the remaining chapters, 

sections and provisions of this Title and 

amendments made by this Title shall 

continue in full force and effect. 

Section 16–1–7. Sovereign Immunity. 

Except where expressly waived by a 

section of this Title specifically referring 

to a waiver of sovereign immunity, 

nothing in this Title shall be construed 

as limiting, waiving or abrogating the 

sovereignty or the sovereign immunity 

of the Tribe or any of its agencies, 

departments, enterprises, agents, 

officers, officials or employees. 

CHAPTER 2 

LIQUOR CONTROL BOARD 

Section 16–2–1. Establishment. 

1. There is hereby established a liquor 

control board to be known as the Ponca 

Tribe of Nebraska Liquor Control Board 

as an agency of the Tribe, under the 

authority of the Tribe, and delegated the 

powers, duties, and responsibilities set 

forth in this Title and as otherwise 

provided by the laws of the Tribe. 

2. The Board may employ such other 

personnel and employees as may be 

required for the proper discharge of its 

duties under this Title, provided that, to 

the maximum extent feasible, the Board 

shall first use personnel and employees 

of the Tribal administration as 

authorized in this Chapter. 

Section 16–2–2. Composition. The 

Board shall consist of five (5) members 

as follows: 

1. One (1) Tribal Council member 

designated by the Tribal Council, who 

shall serve as the Chairperson of the 

Board; and 

2. Four (4) individuals who shall be 

appointed by the Tribal Council. 

Section 16–2–3. Qualifications. To be 

qualified to be appointed a Board 

member, a person shall: 

1. Be at least the age of majority; 

2. Have no conflicts of interest, as 

defined in this Chapter; 

3. Not have been convicted of any 

felony or any crime involving or related 

to alcohol or drugs in any court of any 

jurisdiction in the five (5) years prior to 

appointment unless pardoned and fully 

restored of his or her civil rights by the 

proper authorities prior to appointment; 

4. Be willing and able to comply with 

the ethical duties of Board members, as 

defined in this Chapter; 

5. Be willing and able to perform the 

Board’s duties in compliance with the 

laws of the Tribe; 

6. Have or acquire knowledge of this 

Title; 

7. Have the time available to actively 

fulfill the duties of a Board member; and 

8. Be willing to receive orientation 

and training regarding the duties of the 

Board. 

Section 16–2–4. Term of Office. 

1. The Tribal Council member 

designated by the Tribal Council to 

serve on the Board shall hold office 

until he or she no longer holds office on 

the Tribal Council regardless of whether 

there is a successor in the office, but a 

former Tribal Council member 

designated by the Tribal Council to 

serve on the Board may be appointed to 

another position on the Board in 

accordance with this Chapter. 

2. Upon the selection of the initial 

Board members, the Tribal Council shall 

choose from the members other than the 

Tribal Council member designated by 

the Tribal Council to serve on the Board, 

by lot, one (1) Board member who will 

serve an initial term of one (1) year, one 

Board member who will serve an initial 

term of two (2) years, and two (2) Board 

members who will serve an initial term 

of three (3) years. Thereafter, the term of 

office for Board members shall be three 

(3) years. 

3. Except as otherwise provided 

herein, each Board member shall serve 

until he or she resigns, is removed, or 

the Tribal Council appoints his or her 

successor. 

Section 16–2–5. Compensation. Board 

members shall be compensated at a rate 

set by the Tribal Council. In addition, 

Board members shall be paid for 

mileage for every Board meeting 

attended in accordance with the rules 

applicable to and at the standard rate 

established for Tribal officers and 

employees. 

Section 16–2–6. Resignation and 

Removal. 

1. Any Board member may resign 

from his or her position by delivering a 

written resignation to the Tribal 

Council. 

2. Any Board member who is a Tribal 

Council member designated by the 

Tribal Council to serve on the Board 

shall automatically be removed from the 

Board upon the Tribal Council 

member’s resignation or removal from 

the Tribal Council. 

3. The Tribal Council may, by 

majority vote, remove a Board member 

for any the following: 

a. Violating or permitting violation of 

this Title; 

b. Neglect of duty; 

c. Malfeasance or misfeasance in the 

handling of liquor control matters; 

d. Acceptance or solicitation of bribes; 

e. Violation of the ethical duties or 

conflict of interest provisions of this 

Chapter; 

f. Unexcused absence from three (3) or 

more consecutive Board meetings; 

g. Any crime committed against the 

Tribe which results in a conviction or 

admission of guilt; or 

h. Upon the happening of any event 

which would have made the Board 

member ineligible for appointment if 

the event had occurred prior to 

appointment. 

4. The Tribal Council’s decision to 

remove a Board member shall be final 

and not subject to challenge, review or 

appeal. 

Section 16–2–7. Vacancies. In the 

event of a vacancy on the Board, 

whether by removal, resignation, or 

otherwise, the Tribal Council shall 

appoint a replacement to serve the 

remaining term of the Board member 

being replaced. In the event of an 

emergency vacancy, the Tribal Council 

may hold a special meeting to fill the 

vacancy. 

Section 16–2–8. Officers. 

1. The Chairperson of the Board shall 

call and preside over Board meetings. 

The Chairperson shall report to the 

Tribal Council as required. 

2. The Board shall elect from its 

members a Secretary at its first meeting 

in each calendar year or at the next 

meeting of the Board if a vacancy occurs 

in the office of Secretary. 


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3. The Secretary shall be responsible 

for assuring the timely and proper 

production, distribution and storage of 

all written records of the Board, 

including administrative and financial 

documents. The Secretary shall keep 

minutes of all meetings of the Board and 

shall keep informed about the Board’s 

expenditures and budget. 

Section 16–2–9. Ethics and Conflicts. 

1. No person may be appointed to the 

Board who: 

a. Is employed by, an officer of, or has 

a private ownership interest, whether 

direct or indirect, in any entity or 

organization that is a retailer, 

wholesaler, manufacturer, brewer or 

distiller; 

b. Is engaged in litigation against the 

Tribe in a matter related to the subject 

matter of the Board; or 

c. Has a similar interest that would 

necessarily conflict with the impartial 

performance of a Board member’s 

duties. 

2. The Tribal Council’s determination 

whether an applicant for the Board is 

barred from appointment by a conflict of 

interest shall be final and not subject to 

challenge, review or appeal. 

3. Board members shall: 

a. Not accept or request any gift, 

gratuity, compensation, employment or 

other thing of value from any 

manufacturer, wholesaler, retailer, 

holder or applicant for a liquor license, 

or other person subject to this Title; 

b. Avoid the appearance of 

impropriety; 

c. Not act in an official capacity when 

a matter before the Board directly and 

specifically affects a Board member’s 

own interests or the interests of his or 

her immediate family; 

d. Not attempt to exceed the authority 

granted to Board members by this Title; 

e. Recognize that the authority 

delegated by this Title is to the Board as 

a whole, not to individual Board 

members and, accordingly, the powers 

of the Board may only be exercised by 

the Board acting through the procedures 

established by this Title; 

f. Not take action on behalf of the 

Board unless authorized to do so by the 

Board; 

g. Not involve the Board in any 

controversy outside the Board’s duties; 

and 

h. Hold all confidential information 

revealed during the course of Board 

business in strict confidence and 

discuss or disclose such information 

only to persons who are entitled to the 

information and only for the purpose of 

conducting official Board business. 

Section 16–2–10. Recusal. 

1. No Board member shall participate 

in any action or decision by the Board 

directly involving: 

a. Himself or herself; 

b. A member of his or her immediate 

family; 

c. Any person, business or other 

entity of which he or she or a member 

of his or her immediate family is an 

employee; 

d. Any business or other entity in 

which he or she or a member of his or 

her immediate family has a substantial 

ownership interest; or 

e. Any business or other entity with 

which he or she or a member of his or 

her immediate family has a substantial 

contractual relationship. 

2. Nothing in this Section shall 

preclude a Board member from 

participating in any action or decision 

by the Board which: 

a. Generally affects a class of persons, 

regardless of whether the Board member 

or a member of his or her immediate 

family is a member of the affected class; 

and 

b. Affects the Tribe, an economic 

enterprise of the Tribe, or a person or 

entity in a contractual relationship with 

the Tribe or an economic enterprise of 

the Tribe, regardless of whether the 

Board member is also a member of the 

Tribe. 

3. A Board member may voluntarily 

recuse himself or herself and decline to 

participate in any action or decision by 

the Board when the Board member, in 

his or her own discretion, believes: 

a. That he or she cannot act fairly or 

without bias; or 

b. That there would be an appearance 

that he or she could not act fairly or 

without bias. 

Section 16–2–11. Quorum. Three (3) 

Board members shall constitute a 

quorum for conducting business. 

Section 16–2–12. Meetings. 

1. The Board may hold meetings as it 

deems necessary. 

2. The Chairperson of the Board shall 

have the authority to call a meeting of 

the Board as he or she sees fit upon 

forty-eight (48) hours written notice. 

Written notice to a Board member may 

be dispensed with as to any Board 

member who is actually present at the 

meeting at the time it convenes. 

3. The Board may conduct a meeting 

exclusively by telephone, video 

conference or other electronic means 

provided that the notice of the Board 

meeting provides the manner in which 

the meeting will be conducted and 

includes information on how a person 

may attend the meeting, such as a 

telephone number for participation in 

the meeting. 

4. All decisions of the Board shall be 

made by a majority vote of the Board 

members attending the meeting, 

provided a quorum is present, unless 

otherwise provided in this Title. 

5. Matters dealing with personnel or 

other confidential matters shall be 

conducted in executive session and 

shall not be open to the public. 

Section 16–2–13. Powers and Duties 

of Board. The power, authority and 

duties of the Board shall be as follows: 

1. To administer, implement and 

enforce this Title; 

2. To make recommendations to the 

Tribal Council concerning amendments 

to this Title; 

3. To receive applications for and 

issue to and suspend, cancel and revoke 

licenses of manufacturers, wholesalers, 

and retailers in accordance with this 

Title and the rules and regulations of 

the Board; 

4. To obtain information and conduct 

background investigations to determine 

the suitability of an applicant for a 

license; 

5. To bring legal action in the name 

of the Tribe to enforce this Title; 

6. To inspect any premises where 

liquor is manufactured, distributed, or 

sold as provided in this Title; 

7. To conduct an audit to inspect any 

licensee’s records and books as 

provided in this Title; 

8. To conduct hearings and hear 

appeals authorized by this Title, 

provided the Board shall have no 

authority to declare any portion of this 

Title or other law of the Tribe invalid 

for any reason; 

9. In the conduct of any hearing or 

audit, to issue subpoenas, compel the 

attendance of witnesses, administer 

oaths, and require testimony under oath 

at any hearing conducted by the Board; 

10. To examine, under oath, either 

orally or in writing, any person with 

respect to any matter subject of this 

Title; 

11. To collaborate and cooperate with 

such other agencies of the Tribe, other 

tribes, the United States and the states 

as necessary to implement and enforce 

this Title; 

12. To develop standard forms and to 

require by regulation the filing of any 

such forms or reports necessary for 

implementation of this Title; 

13. To utilize or adopt forms from 

other appropriate jurisdictions to use as 

its own so long as such forms meet the 

requirements of the laws of the Tribe for 

which such forms are utilized; 

14. To promulgate rules and 

regulations, subject to approval of the 

Tribal Council and consistent with the 

laws of the Tribe, which are necessary 

for carrying out this Title; 

15. To delegate any of its power, 

authority and duties to an individual 

Board member or other personnel or 

employee of the Board, provided that 

the Board shall not delegate its power to 


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promulgate rules and regulations or to 

conduct hearings and hear appeals; and 

16. To perform all other duties 

delegated or assigned to the Board by 

this Title or other laws of the Tribe or 

the Tribal Council and otherwise 

implement this Title. 

Section 16–2–14. Obtaining 

Information. 

1. The Board may request such 

information relevant and material to the 

enforcement of this Title from any and 

all persons who: 

a. Are engaged in the introduction, 

sale, distribution, or possession of 

liquor on Tribal lands or with the Tribe; 

or 

b. Are otherwise subject to the 

jurisdiction of the Tribe. 

2. Upon a written request, such 

persons shall provide the information 

requested by the Board. The Board may 

issue a subpoena as provided in this 

Chapter or request the Court to issue a 

subpoena or other order, including ex 

parte without a hearing, to obtain the 

information required to be provided 

under this Section. 

Section 16–2–15. Investigative 

Authority. 

1. For the purpose of enforcing the 

provisions of this Title, the Board shall 

have the authority to inspect property 

during regular business hours, to 

examine and require the production of 

any pertinent records, books, 

information, or evidence, and to require 

the presence of any person and require 

testimony under oath concerning the 

subject matter of any inquiry of the 

Board, and to make a permanent record 

of the proceeding. 

2. For the purpose of accomplishing 

the authority granted in this Section, the 

Board shall have the power to issue 

subpoenas and summons requiring 

attendance and testimony of witnesses 

and production of papers or other things 

at any hearing held pursuant to this 

Title. 

3. If a person fails to comply with a 

subpoena issued by the Board, the 

Board may apply to the Tribal Court for 

issuance of an order to show cause 

which directs that the person against 

whom the subpoena was issued shall 

comply with the subpoena within ten 

(10) business days or show cause why 

he or she should not be held in 

contempt of court in accordance with 

the laws of the Tribe. The Tribal Court 

shall issue the order to show cause 

without notice or hearing, unless the 

Court finds that the subpoena was not 

lawfully issued or was not properly 

served in accordance with this Section. 

4. Any subpoena, summons or notice 

issued by the Board shall be served in 

the manner provided for service of the 

same in the rules of procedure 

governing civil actions in Tribal Court. 

Section 16–2–16. Rules and 

Regulations. The Board shall 

promulgate rules and regulations, not 

inconsistent with this Title and subject 

to the approval of Tribal Council, as it 

deems necessary or desirable in the 

public interest in carrying out the duties 

of the Board including, but not limited 

to: 

1. Internal operational procedures; 

2. The forms to be used for purposes 

of this Title; 

3. Procedures for conducting 

investigations and inspections; 

4. Procedures for all hearings 

conducted by the Board; 

5. Conditions of sanitation of 

premises of licensees of the Board; and 

6. Protection of the due process rights 

of all persons subject to the enforcement 

of this Title by the Board. 

Section 16–2–17. Board Seal. 

1. The Board shall acquire an official 

seal which shall be used on all original 

and/or certified copies of all documents 

of the Board to evidence their 

authenticity. 

2. The seal of the Board shall: 

a. Be circular in shape; 

b. Contain the words ‘‘Ponca Tribe of 

Nebraska’’ around the top edge; 

c. Contain the words ‘‘Liquor Control 

Board’’ around the bottom edge; and 

d. Contain the words ‘‘Official seal’’ 

in the center. 

3. The seal shall be secured at all 

times to prevent unauthorized use. 

Section 16–2–18. Stamps and 

Licenses. 

1. The Board shall provide for the 

form, size, color and identifying 

characteristics of all licenses, permits, 

stamps, tags, receipts or other 

instruments evidencing receipt of any 

license or payment of any fee 

administered by the Board or otherwise 

showing compliance with this Title. 

2. Any instrument developed by the 

Board under this Section shall contain 

at least the following information: 

a. The words ‘‘Ponca Tribe’’ or, if 

space allows, ‘‘Ponca Tribe of 

Nebraska;’’ 

b. If space allows, the words ‘‘Liquor 

Control Board;’’ 

c. If the instrument is a license or 

permit, an indication of the type of 

license or permit, its effective dates, and 

the name and address of the person to 

whom it is issued; and 

d. If the instrument is a receipt, an 

indication of what the receipt is for, any 

amount the receipt is for, and the name 

and address of the person to whom it is 

issued. 

3. The Board shall provide for the 

manufacture, delivery, storage and 

safeguarding of any instrument 

developed under this Section and shall 

safeguard such instruments against 

theft, counterfeiting and improper use. 

Section 16–2–19. Records of Board. 

1. The Board shall create and 

maintain accurate and complete records 

which contain information and 

documents necessary for the proper and 

efficient operation of the Board, 

including, but not limited to: 

a. All licenses, permits, and the like 

issued and any fees received for the 

same; 

b. All fees and penalties imposed, due 

and collected; and 

c. Each and every official transaction, 

communication or action of the Board. 

2. The records of the Board shall be 

maintained at the office of the Board 

and shall not be removed from said 

office without the written authorization 

of the Board. 

3. Except where provided otherwise 

in the laws of the Tribe, the records and 

other information of the Board shall be 

considered public records of the Board 

and shall be provided or made available 

for inspection during regular business 

hours upon proper written request to 

the Board and payment of any copying 

costs set by the Board, provided that 

confidential personal information 

appearing in such records is rendered 

unreadable prior to provision or 

inspection. 

4. The records of the Board shall be 

subject to audit at any time at the 

direction of the Tribal Council, but not 

less than once each year. 

Section 16–2–20. Use of Other 

Resources. In carrying out its duties and 

responsibilities: 

1. The Board may use the services, 

information or records of other 

departments and agencies of the Tribe 

or otherwise available to the Tribe, both 

from within and without the Tribe, and 

such departments, agencies and others 

shall furnish such services, information 

or records upon request of the Board; 

and 

2. The Board may use personnel and 

employees of the Tribal administration 

as it would personnel and employees of 

the Board, provided the Board 

coordinates with and obtains approval 

from the Tribal administration. 

CHAPTER 3 

LIQUOR LICENSES 

Section 16–3–1. License Required. No 

person may sell, distribute or 

manufacture liquor on Tribal lands 

except as specifically authorized by a 

license issued in accordance with this 

Chapter and compliance with all other 

applicable laws governing the same. 


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Section 16–3–2. Exemptions. The 

following liquor and activities shall be 

exempt from the provisions of this Title, 

including the requirement of a liquor 

license: 

1. Any pharmaceutical preparation 

containing liquor which is prepared by 

a druggist according to a formula of the 

pharmacopeia or dispensatory of the 

United States; 

2. Wine or beer manufactured in a 

residence for consumption therein and 

not for sale; 

3. Alcohol used or intended for use: 

a. For scientific research or 

manufacturing products other than 

liquor; 

b. By a physician, medical or dental 

clinic, or hospital; 

c. In tinctures or toilet, medicinal, and 

antiseptic preparations and solutions 

not intended for internal human use nor 

to be sold as beverages, and which are 

unfit for beverage purposes, such as 

cleaning compounds; 

d. In food products known as 

flavoring extracts when manufactured 

and sold for cooking, culinary, or 

flavoring purposes, and which are unfit 

for use for beverage purposes; or 

e. By persons exempt from regulation 

in accordance with the laws of the 

United States; 

4. Ethanol or ethyl alcohol for use as 

fuel; and 

5. Liquor used in a bona fide religious 

ceremony. 

Section 16–3–3. Liquor Licenses. 

1. Licenses issued by the Board shall 

be of the following types: 

a. Manufacturer license; 

b. Wholesale license; 

c. Retail license; and 

d. Special event license. 

2. Except for special event licenses, a 

license issued by the Board shall be in 

force and effect for one (1) year 

following the date it is issued, unless 

sooner revoked. 

3. Any person required to obtain a 

license under this Chapter who fails to 

obtain such license or who continues to 

manufacture, distribute or sell liquor 

after such license has been revoked 

shall forfeit his or her right to 

manufacture, distribute or sell liquor on 

Tribal lands until he or she complies 

with all of the provisions of this Title. 

Section 16–3–4. Manufacturer 

License. 

1. Any person who is a manufacturer, 

brewer or distiller located on Tribal 

lands shall be required to first obtain a 

manufacturer license from the Board. If 

a person manufactures liquor at two or 

more separate places of business on 

Tribal lands, a separate manufacturer 

license shall be required for each place 

of business. 

2. A manufacturer license shall allow: 

a. The manufacture, distilling, 

brewing, and storage of liquor on Tribal 

lands; 

b. The sale of liquor to wholesale and 

retail licensees on Tribal lands without 

the requirement of any other license 

under this Chapter; and 

c. The retail on-sale of liquor to 

individuals on the premises of the 

manufacturer without the requirement 

of any other license under this Chapter. 

3. The annual fee for a manufacturer 

license shall be one thousand dollars 

($1,000.00). 

Section 16–3–5. Wholesale License. 

1. Any person who engages in the sale 

of liquor to manufacturers, retailers or 

wholesalers on Tribal lands shall be 

required to first obtain a wholesale 

license from the Board. If a person sells 

or delivers from or stores liquor at two 

or more separate places of business on 

Tribal lands, a separate wholesale 

license shall be required for each place 

of business. 

2. A wholesale license shall allow: 

a. The wholesale purchase, 

importation, and storage of liquor and 

sale of liquor to licensees on Tribal 

lands; and 

b. The sampling of liquor on the 

premises of the licensee or a licensed 

retailer by a licensee and his or her 

employees. 

3. The annual fee for a wholesale 

license shall be seven hundred fifty 

dollars ($750.00). 

Section 16–3–6. Retail License. 

1. Any person who engages in the 

retail sale of liquor on Tribal lands shall 

be required to first obtain a retail license 

from the Board. If a person makes sales 

at two or more separate places of 

business on Tribal lands, a separate 

retail license shall be required for each 

place of business. 

2. A retail license shall allow the 

licensee to sell and offer for sale liquor 

on the premises of the licensee specified 

in the retail license at retail for use or 

consumption but not for resale in any 

form. 

3. A retail license shall designate 

whether the licensee is permitted to 

make on-sales or off-sales, but shall not 

permit both. 

4. The annual fee for a retail license 

shall be two hundred fifty dollars 

($250.00). 

Section 16–3–7. Special Event 

License. 

1. Any person who engages in the 

retail sale of liquor on Tribal lands for 

a period of less than seven (7) 

consecutive days for an event shall be 

required to first obtain a special event 

license from the Board. If a person 

makes sales at two or more separate 

locations or events on Tribal lands, a 

separate special event license shall be 

required for each location. 

2. A special event license shall allow 

the licensee to sell and offer for sale 

liquor at retail for use or consumption 

on the premises of the event specified 

in the license, but not for resale in any 

form. 

3. A special event license shall 

designate the precise day or period of 

days for which the license was issued 

and shall be valid only for such 

designated day or days. 

4. The fee for a retail license shall be 

fifty dollars ($50.00) per day. 

5. The Board may provide by 

regulation for issuing special event 

licenses with reduced or no fees and 

utilizing expedited applications and 

procedures exempt from the notice and 

hearing requirements of this Chapter to 

licensed retailers conducting on-sales, 

including caterers and the like, for the 

purpose of allowing such retailers to sell 

and offer for sale liquor at events on 

premises other than the premises 

designated in the retail license. 

Section 16–3–8. Registration of 

Salesmen. 

1. No person may take or solicit 

orders for liquor on Tribal lands without 

first registering with the Board and 

providing the following: 

a. His or her name and address; 

b. The name and address of his or her 

employer or principal; and 

c. Such other information the Board 

may require. 

2. There shall be no fee for 

registration under this Section, but 

registration shall require renewal each 

calendar year. 

Section 16–3–9. Application for 

License. 

1. Any person or entity desiring a 

license pursuant to this Chapter shall 

complete and file an application for the 

appropriate license with the Board and 

pay such application fee as may be set 

by the Board to defray the costs of 

processing the application. 

2. In addition to any other items 

required by the Board, all applications 

for a license pursuant to this Chapter 

shall include the following: 

a. The name, address and telephone 

number of the applicant; 

b. Any other names used by the 

applicant, including trade names; 

c. Whether the applicant is a 

partnership, corporation, limited 

liability company, sole proprietorship or 

other entity and the jurisdiction where 

the applicant is organized or registered 

to conduct business; 

d. The names, addresses, telephone 

numbers and social security numbers of 

the applicant’s principals, which shall 


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include the applicant’s officers, 

directors, managers, owners, partners, 

stockholders that own twenty-five 

percent (25%) or more of the applicant’s 

business, and the ten (10) largest 

stockholders of applicant’s business 

regardless of percentage of stock owned; 

e. The identity of all persons, other 

than principals, who have an economic 

interest in the applicant’s business; 

f. The federal tax identification 

number or social security number of the 

applicant; 

g. The location where the applicant 

intends to sell, distribute or 

manufacture liquor, as the case may be; 

h. The type of application desired; 

i. Whether the applicant will sell, 

distribute or manufacture liquor on 

Tribal lands; 

j. Whether the applicant is licensed by 

the appropriate state within whose 

boundaries the applicant is located to 

sell, distribute, or manufacture liquor, 

as applicable; 

k. Information on each liquor license 

which the applicant has held in any 

jurisdiction; 

l. Whether the applicant or any of its 

principals have been convicted of or 

plead guilty to a felony or any criminal 

offense regarding liquor; 

m. Whether the applicant or any of its 

principals have had a liquor license 

revoked or suspended in any 

jurisdiction; and 

n. Agreement by the applicant to 

comply with the laws of the Tribe and 

all conditions of the license issued by 

the Board. 

Section 16–3–10. Notice of 

Application. 

1. Upon receipt of an application for 

a license, the Board shall issue a notice 

of the application which shall include: 

a. The name of the applicant; 

b. The location where the applicant 

intends to sell, distribute or 

manufacture liquor; 

c. The date the Board intends to 

consider the application, which shall be 

no sooner than thirty (30) days after the 

notice is posted in accordance with this 

Section; 

d. Information on submitting 

comments on the application to the 

Board by mail or electronic means; and 

e. A statement that comments on the 

application must be received no later 

than the day prior to the Board 

considering the application. 

2. The notice of the application shall 

be posted at all Tribal governmental 

offices and on the Tribe’s website for at 

least thirty (30) days and, if an edition 

of the Tribal newsletter will be released 

prior to consideration of the application, 

published in the Tribal newsletter. 

3. Persons may submit comments on 

the application in the manner 

prescribed by the Board any time prior 

to the Board considering the 

application. 

Section 16–3–11. Processing 

Application. 

1. Upon receipt of an application for 

a license, the Board shall conduct or 

cause to be conducted a background 

investigation of the applicant and each 

of its principals. The background 

investigation shall include, at a 

minimum: 

a. Verification of the applicant’s 

business organization and registration 

status; 

b. Verification of the applicant’s state 

liquor license, its status and any 

enforcement history; and 

c. Conducting a criminal history 

check of the applicant and the 

applicant’s principals. 

2. The Board shall issue a license to 

an applicant only if it finds, after 

considering the application and any 

comments submitted by the public: 

a. The applicant did not knowingly 

provide any false information to the 

Board regarding its application; 

b. The applicant is or is expected to 

be licensed by the appropriate state 

within whose boundaries the applicant 

is located to sell, distribute, or 

manufacture liquor, as applicable; 

c. If the applicant is a corporation or 

other entity, that it is organized under 

the laws of the Tribe or registered to 

conduct business on Tribal lands in 

accordance with the laws of the Tribe 

governing the same; 

d. Neither the applicant nor any of its 

principles has been convicted of or 

plead guilty to a felony or any criminal 

offense related to liquor in any 

jurisdiction; 

e. Neither the applicant nor any of its 

principals has had a liquor license 

revoked in any jurisdiction in the 

previous two (2) years; 

f. The requirements of this Title and 

the Board’s regulations have been met; 

g. The applicant’s capability, 

qualifications, and reliability are 

satisfactory; and 

h. The best interests of the Tribe, its 

members, and the community as a 

whole will be served by the issuance of 

the license. 

3. In reviewing an applicant’s 

capability, qualifications and reliability, 

the Board shall consider: 

a. The character and reputation of the 

applicant; 

b. The suitability of the physical 

premises of the applicant; 

c. The plan of operation of the 

applicant; and 

d. Any other relevant consideration. 

4. In reviewing the interests of the 

Tribe, its members and the community 

as a whole, the Board shall consider: 

a. The need of the area to be served 

by the applicant; 

b. The number of existing licensed 

businesses covering the area; 

c. The desires of the community 

within the area to be served; 

d. Any law enforcement problems 

which may arise because of the sale, 

distribution or manufacture of liquor by 

the applicant; and 

e. Any other relevant consideration. 

5. The Board, in its discretion and 

upon notice to the applicant and the 

public, may conduct a hearing regarding 

any application. Such hearing shall be 

open to the public and any interested 

persons shall be permitted to present 

information, including witnesses and 

evidence, to the Board regarding the 

application. 

6. If an applicant has not obtained a 

liquor license from the appropriate state 

within whose boundaries the applicant 

is located, the Board may approve the 

applicant’s license conditioned upon 

the receipt of such state liquor license. 

If the Board conditionally approves a 

license pursuant to this subsection, the 

Board shall not issue a license to the 

applicant unless and until the applicant 

provides satisfactory proof that it has 

received a state liquor license. 

7. The Board shall issue a decision on 

the application in writing. The Board’s 

decision shall be served on the 

applicant and posted at all Tribal 

governmental offices and on the Tribe’s 

website for at least fifteen (15) days and 

published in the next edition of the 

Tribal newsletter. 

Section 16–3–12. Form of License. 

1. Each license issued pursuant to this 

Chapter shall specify: 

a. The name and address of the 

licensee; 

b. The type of license issued; 

c. The premises to which the license 

applies; 

d. If the license is a manufacturer 

license, the type of liquor the licensee 

is permitted to manufacture, distill, 

brew, store, and sell; and 

e. If the license is a retail license, 

whether it permits on-sales or off-sales 

with respect to the premises to which 

the license applies. 

2. The licensee must keep the license 

posted at all times in a conspicuous 

place on the premises for which it has 

been issued. 

3. Licensees must pay all taxes 

assessed against it under the laws of the 

Tribe. 

4. Licensees shall comply, as a 

condition of retaining such license, with 

all applicable laws of the Tribe and with 

all requests of the Board for inspection, 

examination and audit permitted under 

this Title. 


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5. Notwithstanding anything else in 

the laws of the Tribe, a license issued 

pursuant to this Chapter constitutes 

only a permit to the licensee to conduct 

the activities permitted by the license 

for the duration of the license and shall 

not be construed or deemed to 

constitute a property or other vested 

right of any kind or give rise to a legal 

entitlement to a license for any future 

period of time. 

Section 16–3–13. Renewal of License. 

1. A licensee may renew its license by 

filing an application for renewal with 

the Board and paying such renewal 

application fee as may be set by the 

Board to defray the costs of processing 

the application. 

2. The renewal application shall 

identify any changes in information 

required on the licensee’s application 

for a license since the issuance of the 

license or previous renewal, whichever 

is later, or the applicant shall certify 

that no such information has changed. 

3. A license issued pursuant to this 

Chapter shall be automatically renewed 

upon submission of a renewal 

application and payment of the 

applicable annual license fee, unless: 

a. Information required on the 

application for a license has changed in 

such a manner that it makes the licensee 

ineligible for a license under this 

Chapter; or 

b. The Board determines in writing 

that renewal would not be in the best 

interests of the Tribe, its members or the 

community as a whole. 

Section 16–3–14. Transfer and 

Modification of License. 

1. No license issued pursuant to this 

Chapter may be assigned or transferred 

to any other person or entity. 

2. Any change in ownership of the 

licensee that constitutes more than fifty 

percent (50%) of the ownership interest 

in a licensee shall require the issuance 

of a new license in accordance with this 

Chapter. 

3. A licensee may request a change in 

the name and/or address of the licensee 

or a change in location of the premises 

to which the license applies by applying 

with the Board for a modification of the 

license in accordance with this Section 

and paying such fee as may be set by the 

Board to defray the costs of processing 

the modification. 

4. The Board shall approve a change 

in the address of the licensee upon 

request, provided the change in address 

is not a change in location. The Board 

shall approve a change in the name of 

the licensee provided that the name is 

not the name of an individual and the 

change is not the result of any change 

in more than fifty percent (50%) of the 

ownership interest in the licensee. 

5. If a licensee requests a change in 

location, the Board shall issue and post 

a notice of the modification of location 

and permit public comment the same as 

an application for a new license. The 

Board shall approve a change in 

location only if it finds, after 

considering the application and any 

comments submitted by the public: 

a. The applicant has obtained or is in 

the process of obtaining a license or 

modification for the new location from 

the appropriate state within whose 

boundaries the applicant is located, 

provided that the Board may approve 

the change in location conditioned upon 

the receipt of such state license or 

modification so long as the Board does 

not issue the modified license unless 

and until the applicant provides 

satisfactory proof that it has received a 

state license or modification; 

b. The physical premises of the new 

location is suitable for the license; and 

c. The best interests of the Tribe, its 

members and the community as a whole 

will be served by the modification of the 

location. 

6. If the Board approves a 

modification of a license pursuant to 

this Section, the Board shall issue a 

modified license to the licensee 

reflecting the modified information. The 

modified license shall expire on the 

same date as the original license. 

7. Any modification of a license not 

provided for in this Section shall 

require the issuance of a new license in 

accordance with this Chapter. 

Section 16–3–15. Appeal. An 

applicant or licensee may request a 

formal conference regarding or file an 

appeal of a decision of the Board 

denying an application for a license or 

any renewal or modification thereof in 

accordance with the provisions of this 

Title governing appeals before the 

Board. 

Section 16–3–16. Sale of Stock. 

1. Upon revocation, non-renewal or 

other termination of a license issued 

pursuant to this Chapter, a former 

licensee may dispose of any liquor in its 

stock within thirty (30) days of 

expiration of its former license by: 

a. Selling such stock in whole or in 

part to a wholesaler or retailer licensed 

pursuant to this Chapter; 

b. Selling such stock in whole or in 

part to a wholesaler or retailer located 

outside Tribal lands and authorized to 

purchase such liquor; 

c. Moving such stock in whole or in 

part outside Tribal lands to a location 

where such liquor is authorized to be 

stored or held; or 

d. Destroying such liquor under the 

supervision of the Board. 

2. The Board may grant a former 

licensee an additional twenty (20) days 

to sell or otherwise dispose of its stock 

upon the former licensee showing good 

cause for such extension and no failure 

in due diligence to make such disposal. 

3. Any liquor remaining in the 

possession of a former licensee and not 

disposed of in accordance with this 

Section shall be treated as contraband in 

accordance with this Title. 

4. A former licensee shall submit to 

the Board a complete report of the 

disposition of all stock pursuant to this 

Section. 

Section 16–3–17. Duty to Keep 

Records. Every licensee shall keep and 

maintain accurate records of the 

purchase and sale of liquor, including 

books of account, invoices, and bills. 

Such records shall be maintained for a 

period of at least two (2) years. 

Section 16–3–18. Operation of 

Licensed Premises. 

1. No licensee may reseal, reuse, or 

refill any package that contains or 

contained liquor. 

2. No retail licensee may lock, or 

permit the locking of the entrances to 

the licensed premises until all persons 

other than the licensee and its 

employees have left. 

3. No licensee may change the name 

of its licensed premises without first 

obtaining a modification of its license as 

provided in this Chapter. 

4. A licensee shall conduct its 

business in a decent, orderly and 

respectable manner and shall not permit 

loitering by intoxicated persons, 

rowdiness, undue noise, or any other 

disturbance offensive to the residents of 

Tribal lands. 

5. A retail licensee shall demand 

satisfactory evidence of a person’s age 

upon such person’s attempt to purchase 

any liquor from the retail licensee if 

such person appears to the retail 

licensee to be under the age of twentyone (21) and shall refuse to sell liquor 

to any such person who fails or refuses 

to produce such satisfactory evidence. 

Satisfactory evidence of age shall 

include: 

a. A driver’s license or identification 

card validly issued by any state 

department of motor vehicles; 

b. A United States active duty military 

identification; 

c. A passport validly issued by any 

jurisdiction; and 

d. Identification card issued by a 

federally recognized tribe which 

includes a photograph and date of birth. 

Section 16–3–19. Insurance. 

1. Licensees and their employees are 

liable for injuries or damage to property 

resulting from their negligent or reckless 

acts and omissions, whether in the 


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operation of the licensed premises or in 

their violation of this Title. 

2. All manufacturers and retailers 

conducting on-sales shall maintain 

insurance coverage insuring against 

liability under this Section in the 

amount of at least $1,000,000.00 for 

bodily injury to any one (1) person, 

$500,000.00 for any one (1) accident or 

personal injury, and $100,000.00 for 

property damage. 

CHAPTER 4 

ENFORCEMENT AND VIOLATIONS 

Section 16–4–1. Complaints. 

1. Allegations of a violation of this 

Title shall be presented to the Board by 

submitting a complaint with such 

allegation in writing to the Chairperson 

of the Board or his or her designee. 

2. A complaint may be submitted by 

any Board member or member of the 

public who believes that a person has 

committed a violation of this Title. 

3. A complaint shall specify the 

person against whom the allegation is 

being made and the conduct that is 

alleged to be in violation of this Title. 

4. Upon receipt of a complaint 

pursuant to this Section, the Board shall 

review the complaint to determine if the 

allegations made fall within the scope of 

this Title and whether, assuming the 

facts alleged are true, said facts would 

constitute a violation of this Title. 

5. If the Board determines that the 

allegations do not fall within the scope 

of this Title or do not allege facts which, 

if true, would constitute a violation of 

this Title, the Board shall provide 

written notice to the complainant which 

shall state that: 

a. The Board received the complaint; 

b. The Board has reviewed the 

complaint in accordance with the 

provisions of this Chapter; 

c. The Board has determined that the 

allegations do not fall within the scope 

of this Title and/or do not allege facts 

which would constitute a violation of 

this Title; and 

d. The matter is closed. 

6. If the Board determines that the 

allegations fall within the scope of this 

Title and allege facts which, if true, 

would constitute a violation of this 

Title, the Board shall make or cause to 

be made a preliminary investigation of 

the allegations in the complaint and, if 

there is reason to believe the allegations 

in the complaint, the Board shall issue 

a notice of violation as provided in this 

Chapter. 

Section 16–4–2. Examination and 

Audit. 

1. The Board may examine and audit 

any licensee for the purpose of 

enforcing this Title. 

2. In conducting an examination and 

audit pursuant to this Section, the Board 

may: 

a. Examine any books, records, 

papers, maps, documents, or other data 

which may be relevant and material to 

the inquiry upon reasonable notice: 

i. During normal business hours; 

ii. At any other time agreed to by the 

person having possession, custody or 

care for such data; or 

iii. At any time pursuant to an order 

of the Tribal Court; 

b. Summon the licensee, any officer or 

employee or agent of the licensee, or 

any person having possession, custody 

or care of the books of account 

containing entries relating to the 

business of the licensee or required to 

perform the act, or any other person the 

Board may deem proper, to appear 

before the Board at the time and place 

named in the summons and to produce 

such books, records, papers, maps, 

documents or other data, and to give 

such testimony, under oath, as may be 

relevant or material to the inquiry; and 

c. Take testimony of any person, 

under oath, as may be relevant or 

material to the inquiry. 

Section 16–4–3. Notice of Violation. 

1. If the Board has reason to believe 

that a violation of this Title has 

occurred, the Board shall issue a notice 

of violation to all persons accused of the 

violation. 

2. A notice of violation shall state: 

a. The specific provisions of this Title 

alleged to have been violated; 

b. The Board will consider any 

written response to the notice of 

violation from the accused before 

determining whether to proceed with 

the notice of violation; and 

c. The accused may respond in 

writing to the notice of violation within 

fourteen (14) calendar days of service of 

the notice. 

3. If a notice of violation is not 

delivered to a person accused of the 

violation personally at the time of 

issuance, it shall be served on such 

person in the manner provided for 

service of a summons in the rules of 

procedure governing civil actions in 

Tribal Court. 

4. The accused shall have the right to 

respond to a notice of violation within 

the time stated in the notice of violation. 

The accused may include copies of any 

documents which the accused believes 

support his or her position. 

5. After the time has expired for the 

accused to respond to a notice of 

violation, the Board shall consider any 

written response to the notice of 

violation and determine how to proceed 

with the notice of violation. Based on its 

review, the Board may: 

a. Close the notice of violation if 

satisfied by the accused’s response; or 

b. Conduct or cause to be conducted 

a thorough investigation of the notice of 

violation. 

6. If an investigation is conducted and 

such investigation reveals that there is 

evidence to support that a violation of 

this Title occurred, the Board shall 

determine an appropriate sanction for 

such violation as provided in this 

Chapter, including civil fine, license 

suspension or revocation, or both, and 

impose such sanction in accordance 

with the provisions of this Chapter. 

7. Written notice shall be provided of 

the Board’s decision under this Section. 

Section 16–4–4. Formal Conference. 

1. Within thirty (30) days of service of 

a decision of the Board, a person subject 

of the decision may request a conference 

with the Board to seek a review and 

redetermination of the decision. 

2. A request for a conference shall: 

a. Be made in writing to the Board or 

its designee; 

b. Identify the decision of the Board; 

c. Declare the redetermination sought; 

and 

d. Include a complete statement of the 

facts relied on. 

3. The Board, after an initial inquiry, 

may deny the request for a conference 

and direct the person to proceed to an 

appeal in accordance with this Chapter. 

4. Upon request or its own initiative, 

the Board may stay any action on its 

decision until a time not more than 

thirty (30) days after issuance of a 

decision from the conference. 

5. The Board may confer with the 

person by phone or in person, or may 

require the submission of additional 

written material and will issue a written 

decision. If the result sought is denied 

in whole or in part, the decision will 

state the basis for the denial. 

6. After the Board issues its decision, 

the person may appeal the matters in 

dispute as provided in this Chapter. The 

person may request a stay of the 

decision within ten (10) days after 

issuance of the decision, provided the 

request is based upon an intention to 

request a hearing. 

7. If no appeal is made within the 

time allowed, the decision from a formal 

conference is final and is not subject to 

any appeal before the Board or in any 

court. 

Section 16–4–5. Appeal. 

1. Within thirty (30) days of service of 

a decision of the Board or issuance of 

a decision from a formal conference, a 

party aggrieved by the decision may file 

an appeal with the Board. 

2. A request for appeal shall: 

a. Be made in writing to the Board; 

b. Identify the decision of the Board; 


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c. Identify any conference decision; 

d. Declare the redetermination sought; 

and 

e. Include a complete statement of the 

facts relied on. 

3. Upon request or its own initiative, 

the Board may stay any action on its 

decision until a time not more than 

thirty (30) days after issuance of a 

decision from the appeal. 

4. The Board shall conduct a hearing 

on the applicant’s appeal and take 

testimony and examine documentary 

evidence as necessary to determine the 

appeal. 

5. After hearing an appeal, the Board 

shall issue a decision. The decision of 

the Board on an appeal under this 

Section shall be the final decision of the 

Board, provided that the Board shall 

have been deemed to have issued a final 

decision denying an appeal if the Board: 

a. Fails to schedule and hold a 

hearing on the merits of an otherwise 

valid appeal within sixty (60) days after 

receipt of a notice of appeal; or 

b. Fails to issue a written decision 

within thirty (30) days of the hearing on 

the merits of the appeal. 

6. The Board may permit or require, 

pursuant to the rules and regulations of 

the Board, one or more levels of review 

by its employees or delegates in 

addition and prior to appeal to the 

Board, provided that the failure to 

proceed to a next required level of 

review shall constitute a waiver of any 

further appeal or judicial review. 

7. The failure to file an appeal 

pursuant to this Section shall not 

prevent the aggrieved party from 

defending any action brought by the 

Board against the party in Tribal Court. 

Section 16–4–6. Judicial Review. 

1. If a party is aggrieved by a final 

decision of the Board on appeal, the 

party may challenge the decision by 

filing a petition requesting judicial 

review of the Board’s decision in the 

Tribal Court. 

2. Judicial review of the Board’s 

decision shall proceed in accordance 

with the following: 

a. The petition for judicial review 

shall be filed within thirty (30) days of 

the issuance of the Board’s decision; 

b. No new or additional evidence may 

be introduced, but the matter shall be 

heard on the record established before 

the Board; 

c. No new or additional issues may be 

raised and only issues raised before the 

Board may be heard regardless of the 

Board’s authority to hear the issue; 

d. The Tribal Court shall uphold all 

factual findings of the Board unless the 

Tribal Court concludes that such 

findings are not supported by the 

substantive evidence in the record 

established before the Board; 

e. In reviewing legal conclusions 

reached by the Board, the Tribal Court 

shall give proper weight to the Board’s 

interpretation of this Title and any rules 

and regulations of the Board; 

f. The Tribal Court shall affirm any 

determination by the Board that the 

issuance, renewal or modification of a 

license is not in the best interests of the 

Tribe, its members or the community as 

a whole unless such determination is 

clearly arbitrary and capricious; 

g. The Tribal Court may affirm, 

reverse, modify or vacate and remand 

the Board’s final decision, but shall 

affirm the final decision unless the 

Tribal Court concludes that the final 

decision of the Board is: 

i. Not supported by the evidence; 

ii. Arbitrary or capricious; 

iii. An abuse of discretion; 

iv. Beyond the Board’s authority; or 

v. Otherwise contrary to the laws of 

the Tribe. 

3. The Tribal Court shall dismiss any 

action brought against the Board if the 

person filing the action has not 

exhausted all administrative remedies 

before the Board, including an appeal to 

the Board. 

4. Notwithstanding anything to the 

contrary in this Title, the Tribal Court 

shall not have jurisdiction or authority 

to award or order the payment of 

damages or other monies or provide any 

remedy to a party except for affirming, 

reversing, modifying or vacating and 

remanding the decision of the Board. 

5. The Tribal Court’s jurisdiction to 

review a final decision of the Board 

shall be exclusive and a final decision 

of the Board shall not be subject to 

appeal, review, challenge, or other 

action in any court or tribunal except as 

provided in this Section. 

Section 16–4–7. Storage, Sale and 

Manufacture Violations. 

1. It shall be a violation of this Title: 

a. To introduce, store, possess, sell, 

offer for sale, distribute, transport or 

manufacture liquor without first 

obtaining all necessary licenses or in 

any manner not authorized by this Title; 

b. To store, sell, offer for sale, 

distribute, transport or manufacture 

liquor in violation of any provision of 

this Title or the terms of a license issued 

pursuant to this Title; 

c. To deliver liquor to a manufacturer, 

wholesaler or retailer at any place other 

than the premises described in the 

license of such manufacturer, 

wholesaler or retailer; 

d. For any manufacturer, wholesaler 

or retailer to keep or store any liquor at 

any place other than on the premises 

where such manufacturer, wholesaler or 

retailer is authorized to operate and 

except as otherwise provided in this 

Title; 

e. For any retailer to take or solicit 

orders for the delivery of liquor from 

any person unless such person is 

registered as a salesman in accordance 

with this Title; 

f. For any retailer to have any interest 

in the property or business of a 

manufacturer or wholesaler; 

g. For any licensee to neglect or refuse 

to produce or submit for inspection, 

examination or audit any records 

lawfully requested by the Board in 

accordance with this Title; 

h. For a retailer to obtain liquor in 

unbroken packages except from a 

manufacturer or wholesale licensee; 

i. For a retailer or employee of a 

retailer to accept or give gifts of liquor 

in connection with its business, except 

for the sampling of liquor as provided 

by a wholesaler in the ordinary course 

of the trade; 

j. For a manufacturer or retailer 

conducting on-sales to employ any 

person for the purpose of soliciting the 

purchase of liquor within the licensed 

premises on a percentage or commission 

basis; 

k. For a manufacturer or retailer 

conducting on-sales to sell liquor 

without insurance coverage as required 

by this Title; 

l. To knowingly employ a person 

under the age of majority in the sale, 

distribution or manufacture of liquor; 

m. For a manufacturer conducting onsales, a retailer, or an employee of either 

to consume liquor or be intoxicated 

while selling liquor on the licensed 

premises; 

n. For a manufacturer conducting onsales or a retailer to sell liquor for 

anything other than cash, check, or 

credit or debit card transaction or 

extend credit to any person, 

organization, or entity for the purchase 

of liquor; 

o. For a retailer conducting off-sales 

or an employee of such a retailer to sell 

or give liquor in broken or refilled 

packages; 

p. For a retailer conducting off-sales 

or an employee of such a retailer to 

permit the consumption of liquor on the 

retailer’s premises; 

q. For a retailer conducting on-sales or 

an employee of such a retailer to sell or 

give liquor for consumption off the 

retailer’s premises; 

r. To knowingly sell liquor to a person 

under the age of twenty-one (21) years; 

s. For a manufacturer, retailer or 

employee of either to sell or give any 

liquor to any person or permit the 

consumption of liquor on the licensed 

premises between the hours of two 2:00 

a.m. and 6:00 a.m., provided that a 

manufacturer may sell or give liquor in 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45975 

unopened packages to wholesale and 

retail licensees during any hour; 

t. For a manufacturer or retailer 

conducting on-sales or an employee of 

either to sell or give liquor to an 

intoxicated person within the licensed 

premises. 

2. If an act is a violation of this Title 

when committed by a licensee, retailer, 

wholesaler or manufacturer, the 

licensee, retailer, wholesaler or 

manufacturer is also liable if the act is 

committed by one of its employees or 

agents. 

3. In addition to any other 

consequences for a violation of this 

Title, including suspension or 

revocation of a license, a person who 

commits a violation under this Section 

shall be subject to a civil fine of up to 

five hundred dollars ($500) per 

occurrence, which may be imposed by 

the Board pursuant to a notice of 

violation and thereafter enforced and 

collected through a civil cause of action 

brought by the Board on behalf of the 

Tribe in the Tribal Court. 

Section 16–4–8. Violations by Public. 

1. It shall be a violation of this Title 

for any person: 

a. Who is under the age of twenty-one 

(21) years, to: 

i. Purchase or attempt to purchase 

liquor except at the direction and under 

the supervision of the Board, its 

designee, or other law enforcement 

official for the purpose of enforcing this 

Title or other applicable law governing 

liquor on Tribal lands; 

ii. Consume or possess liquor except 

for possession as a part of employment 

to the extent permitted under this Title 

and any applicable state law, 

consumption or possession as part of a 

bona fide religious ceremony, or 

consumption or possession in his or her 

permanent place of residence; or 

iii. Attempt to purchase liquor 

through the use of false or altered 

identification which purports to show 

the person to be over the age of twentyone (21) years; 

b. To consume liquor from a broken 

package in a public place, other than 

licensed premises specified in a 

manufacturer license, a retailer license 

which allows on-sales, or a special 

event license; or 

c. To transfer in any manner an 

identification of age to a person under 

the age of twenty-one (21) years for the 

purpose of permitting such person to 

obtain liquor, provided that 

corroborative testimony of a witness 

other than the underage person shall be 

a requirement of finding a violation of 

this subsection. 

2. In addition to any other 

consequences for a violation of this 

Title, a person who commits a violation 

of this Section shall be subject to a civil 

fine of up to one hundred dollars ($100) 

per occurrence, which may be imposed 

by the Board pursuant to a notice of 

violation and thereafter enforced and 

collected through a civil cause of action 

brought by the Board on behalf of the 

Tribe in the Tribal Court. 

Section 16–4–9. Reporting of 

Violations. The Board may report any 

violation of this Title to the appropriate 

officials of other jurisdictions and 

request an investigation and, if 

appropriate, prosecution of such 

violation as a violation of the laws of 

that jurisdiction, including the criminal 

laws of that jurisdiction. 

Section 16–4–10. Revocation and 

Suspension of License. 

1. The Board may summarily suspend 

for up to fifteen (15) days the license of 

any person upon a finding of imminent 

danger to the public welfare caused by 

the licensee or any act or omission of 

the licensee. 

2. The Board, after at least ten (10) 

days notice and a full hearing, may 

revoke the license of any person for any 

of the following: 

a. Repeatedly violating or permitting 

the violation of any provision of this 

Title or the rules and regulations of the 

Board; 

b. Failure or refusal to pay all taxes 

imposed on the sale, distribution or 

manufacture of liquor under the laws of 

the Tribe; 

c. Misrepresentation of a material fact 

in the licensee’s application for a 

license or any renewal thereof; 

d. The occurrence of any event which 

would have made the licensee ineligible 

for a license if the event had occurred 

prior to the issuance of the license; 

e. Failure to maintain insurance 

coverage as required by this Title for a 

continuous period of more than thirty 

(30) days; 

f. Imminent danger to the public 

welfare caused by the licensee or any 

act or omission of the licensee which 

has not been corrected within a 

reasonable time after notice from the 

Board; or 

g. Failure of the licensee to correct an 

unhealthy or unsafe condition on the 

licensed premises within a reasonable 

time after notice from the Board. 

3. The Board may suspend the license 

of any licensee for a period not 

exceeding one-hundred eighty (180) 

days as an alternative to revoking the 

license if the Board is satisfied that the 

grounds giving rise to the revocation or 

the circumstances thereof are such that 

a suspension of the license would be 

adequate. 

4. Any suspension of a license 

pursuant to this Section shall be 

effective twenty-four (24) hours after 

service of notice thereof upon the 

licensee. During any period of 

suspension of a license, the licensee 

shall have and exercise no rights or 

privileges whatsoever under the license. 

5. After revocation of a license, the 

licensee’s rights and privileges under 

such license shall terminate twenty-four 

(24) hours after service of notice thereof 

upon the licensee. Any licensee whose 

license is revoked shall not be granted 

any license under the provisions of this 

Title for a period of two (2) years from 

the date of revocation. 

Section 16–4–11. Enjoining Business. 

In addition to any other remedies 

available to it, the Board may bring, in 

the name of the Tribe, an action in any 

appropriate court to enjoin the 

operation of any unlicensed business, 

activity, or function when this Title 

requires a license for the conduct of 

such business, activity or function. The 

enjoining of a business pursuant to this 

Section shall be deemed an exclusion of 

the business pursuant to the Tribe’s 

power to exclude and other inherent 

powers and authority of the Tribe. 

Section 16–4–12. Seizure of 

Contraband. 

1. In addition to any other remedies 

available to it, the Board, pursuant to an 

order issued by the Board, may seize 

any liquor possessed contrary to the 

terms of this Title, including liquor 

possessed for manufacture or sale, as 

contraband. 

2. Upon seizure of any liquor 

pursuant to this Section, the Board shall 

inventory all items seized and leave a 

written copy of such inventory with the 

person from whom it was seized or, if 

such person cannot be found, posted at 

the place from which the liquor was 

seized. 

3. Any person who claims an 

ownership interest, right of possession 

to, or other interest in liquor seized 

pursuant to this Section may request a 

formal conference regarding or file an 

appeal of the Board’s seizure of such 

liquor in accordance with the provisions 

of this Chapter governing appeals before 

the Board. 

4. Upon the expiration or conclusion 

of any appeal permitted under this 

Chapter of seizure of liquor pursuant to 

this Section, including permitted 

judicial review, such liquor shall be 

forfeited and all title and ownership 

interest in such liquor shall vest in the 

Tribe unless an appeal or judicial 

review returns such liquor to the person 

from whom it was seized or other 

person entitled thereto. 


daltland on DSKBBV9HB2PROD with NOTICES
45976 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

5. If necessary, the Board may file a 

complaint for forfeiture against any 

liquor seized pursuant to this Section in 

the Tribal Court. Upon the Board 

showing by clear and convincing 

evidence that seized liquor is 

contraband under this Title, the Tribal 

Court shall enter an order that such 

liquor is forfeited and that all title and 

ownership interest in such liquor is 

vested in the Tribe. 

6. Any liquor seized pursuant to this 

Section to which title has vested in the 

Tribe that is no longer required for 

evidence may be sold for the benefit of 

the Tribe or destroyed under the 

supervision of the Board. 

Section 16–4–13. Sovereign Immunity 

in Enforcement. 

1. Except for valid judicial review of 

a decision of the Board as provided in 

this Title, nothing in this Title shall be 

construed as limiting, waiving or 

abrogating the sovereignty or the 

sovereign immunity of the Board or any 

of its agents, officers, officials, 

personnel or employees. 

2. An action brought or taken by the 

Board, including without limitation the 

bringing of suit for the collection of 

fines or enjoining a business, activity or 

function, shall not constitute a waiver of 

sovereign immunity as to any 

counterclaim, regardless of whether the 

asserted counterclaim arises out of the 

same transaction or occurrence or in any 

other respect. 

3. No economic enterprise of the Tribe 

may claim sovereign immunity as a 

defense to any action brought or taken 

by the Board, including a suit for the 

collection of fines or the enjoining of a 

business, activity or function of such 

economic enterprise and, to the extent 

necessary, the Tribe waives the 

sovereign immunity of its economic 

enterprises in any action brought or 

taken by the Board against such 

economic enterprise. 

[FR Doc. 2018–19733 Filed 9–10–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

[S1D1S SS08011000 SX064A000 

189S180110; S2D2S SS08011000 

SX064A000 18XS501520; OMB Control 

Number 1029–0119] 

Agency Information Collection 

Activities: Contractor Eligibility and 

the Abandoned Mine Land Contractor 

Information Form 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Notice of information collection; 

request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, we, 

the Office of Surface Mining 

Reclamation and Enforcement (OSMRE), 

are announcing our intention to request 

renewed approval for the collection of 

information that provides a tool for 

OSMRE and the States/Indian tribes to 

help them prevent persons with 

outstanding violations from conducting 

further mining or AML reclamation 

activities in the State. This information 

collection activity was previously 

approved by the Office of Management 

and Budget (OMB), and assigned control 

number 1029–0119. 

DATES: Interested persons are invited to 

submit comments on or before October 

11, 2018. 

ADDRESSES: Send written comments on 

this information collection request (ICR) 

to the Office of Management and 

Budget’s Desk Officer for the 

Department of the Interior by email at 

OIRA_Submission@omb.eop.gov; or via 

facsimile to (202) 395–5806. Please 

provide a copy of your comments to 

John Trelease, Office of Surface Mining 

Reclamation and Enforcement, 1849 C 

Street NW, Mail Stop 4559, Washington, 

DC 20240; or by email to jtrelease@

osmre.gov. Please reference OMB 

Control Number 1029–0119 in the 

subject line of your comments. 

FOR FURTHER INFORMATION CONTACT: To 

request additional information about 

this ICR, contact John Trelease by email 

at jtrelease@osmre.gov, or by telephone 

at (202) 208–2783. You may also view 

the ICR at http://www.reginfo.gov/ 

public/do/PRAMain. 

SUPPLEMENTARY INFORMATION: In 

accordance with the Paperwork 

Reduction Act of 1995, we provide the 

general public and other Federal 

agencies with an opportunity to 

comment on new, proposed, revised, 

and continuing collections of 

information. This helps us assess the 

impact of our information collection 

requirements and minimize the public’s 

reporting burden. It also helps the 

public understand our information 

collection requirements and provides 

the requested data in the desired format. 

A Federal Register notice with a 60- 

day public comment period soliciting 

comments on this collection of 

information was published on July 3, 

2018 (83 FR 31173). No comments were 

received. 

We are again soliciting comments on 

the proposed ICR that is described 

below. We are especially interested in 

public comment addressing the 

following issues: (1) Is the collection 

necessary to the proper functions of 

OSMRE; (2) is the estimate of burden 

accurate; (3) how might OSMRE 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(4) how might OSMRE minimize the 

burden of this collection on the 

respondents, including through the use 

of information technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. Before including your 

address, phone number, email address, 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment—including your personal 

identifying information—may be made 

publicly available at any time. While 

you can ask us in your comment to 

withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Title of Collection: 30 CFR 874.16— 

Contractor Eligibility and the 

Abandoned Mine Land Contractor 

Information Form. 

OMB Control Number: 1029–0119. 

Abstract: 30 CFR 874.16 requires that 

every successful bidder for an AML 

contract must be eligible under 30 CFR 

773.15(b)(1) at the time of contract 

award to receive a permit or conditional 

permit to conduct surface coal mining 

operations. Further, the regulation 

requires the eligibility to be confirmed 

by OSMRE’s automated Applicant/ 

Violator System (AVS) and the 

contractor must be eligible under the 

regulations implementing Section 510(c) 

of the Surface Mining Control and 

Reclamation Act to receive permits to 

conduct mining operations. This form 

provides a tool for OSMRE and the 

States/Indian tribes to help them 

prevent persons with outstanding 

violations from conducting further 

mining or AML reclamation activities in 

the State. 

Form Number: AML Contractor 

Information Form (No form number). 

Type of Review: Extension of a 

currently approved collection. 

Respondents/Affected Public: AML 

contract applicants and State and Tribal 

regulatory authorities. 

Total Estimated Number of Annual 

Respondents: 160 contract applicants 

and 13 State and Tribal regulatory 

authorities. 

Total Estimated Number of Annual 

Responses: 173 responses. 

Estimated Completion Time per 

Response: An average of 30 minutes per 

applicant, and 1 hour per regulatory 

authority. 


daltland on DSKBBV9HB2PROD with NOTICES