45960 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

DEEDED TO MARICOPA COUNTY BY 

QUIT CLAIM DEED RECORDED JULY 

16 IN DOCKET 2539, PAGE 134; AND 

ALSO 

EXCEPT A PART OF THE 

NORTHEAST QUARTER OF SECTION 

4, TOWNSHIP 2 NORTH, RANGE 1 

EAST OF THE GILA AND SALT RIVER 

BASE AND MERIDIAN, MARICOPA 

COUNTY, ARIZONA, MORE FULLY 

DESCRIBED AS FOLLOWS: 

COMMENCING AT THE 

NORTHEAST CORNER OF SAID 

SECTION 4; 

THENCE WEST ALONG THE NORTH 

LINE OF SAID SECTION A DISTANCE 

OF 715.49 FEET; 

THENCE SOUTH 01 DEGREES 46 

MINUTES 37 SECONDS WEST 

(MEASURED) SOUTH 01 DEGREES 45 

MINUTES 56 SECONDS WEST 

(RECORD) A DISTANCE OF 40.02 FEET 

TO A POINT ON THE SOUTH RIGHT 

OF WAY LINE OF NORTHERN 

AVENUE AND THE TRUE POINT OF 

BEGINNING; 

THENCE CONTINUING SOUTH 01 

DEGREES 46 MINUTES 37 SECONDS 

WEST (MEASURED) SOUTH 01 

DEGREES 45 MINUTES 56 SECONDS 

WEST (RECORD) A DISTANCE OF 

362.00 FEET; 

THENCE EAST A DISTANCE OF 

50.00 FEET TO A POINT ON THE EAST 

LINE OF THE WEST HALF OF THE 

NORTHEAST QUARTER OF THE 

NORTHEAST QUARTER OF SAID 

SECTION 4; 

THENCE SOUTH 01 DEGREES 46 

MINUTES 37 SECONDS WEST 

(MEASURED) SOUTH 01 DEGREES 45 

MINUTES 56 SECONDS WEST 

(RECORD) ALONG SAID EAST LINE A 

DISTANCE OF 864.48 FEET TO THE 

SOUTHEAST CORNER OF SAID WEST 

HALF OF THE NORTHEAST QUARTER 

OF THE NORTHEAST QUARTER; 

THENCE SOUTH 89 DEGREES 51 

MINUTES 13 SECONDS WEST 

(MEASURED) SOUTH 89 DEGREES 50 

MINUTES 32 SECONDS WEST 

(RECORD) A DISTANCE OF 10.00 

FEET; 

THENCE SOUTH 01 DEGREE 45 

MINUTES 56 SECONDS WEST A 

DISTANCE OF 92.05 FEET; 

THENCE SOUTH 89 DEGREES 51 

MINUTES 13 SECONDS WEST, A 

DISTANCE OF 376.13 FEET 

(MEASURED) SOUTH 89 DEGREES 50 

MINUTES 32 SECONDS WEST A 

DISTANCE OF 376.11 FEET (RECORD); 

THENCE NORTH 01 DEGREES 44 

MINUTES 53 SECONDS EAST 

(MEASURED) NORTH 01 DEGREES 44 

MINUTES 12 SECONDS EAST 

(RECORD) A DISTANCE OF 1319.58 

FEET TO A POINT 40.02 FEET SOUTH 

OF THE NORTH SECTION LINE AND 

ON THE SOUTH RIGHT OF WAY LINE 

OF SAID NORTHERN AVENUE; 

THENCE EAST ALONG SAID RIGHT 

OF WAY LINE A DISTANCE OF 336.74 

FEET TO THE TRUE POINT OF 

BEGINNING. 

Parcel No. 4 

BEING A PARCEL OF LAND 

SITUATED IN THE NORTHEAST 

QUARTER OF SECTION 4, TOWNSHIP 

2 NORTH, RANGE 1 EAST, OF THE 

GILA AND SALT RIVER BASE AND 

MERIDIAN, MARICOPA COUNTY, 

ARIZONA, BEING MORE 

PARTICULARLY DESCRIBED AS 

FOLLOWS: 

COMMENCING AT THE 

NORTHEAST CORNER OF SAID 

SECTION 4; 

THENCE WEST, ALONG THE 

NORTH LINE OF SAID SECTION 4, A 

DISTANCE OF 715.49 FEET; 

THENCE SOUTH 01 DEGREES 46 

MINUTES 37 SECONDS WEST 

(MEASURED), (SOUTH 01 DEGREES 45 

MINUTES 56 SECONDS WEST 

RECORD) A DISTANCE OF 402.02 

FEET; 

THENCE EAST, A DISTANCE OF 

50.02 FEET (MEASURED) (50.00 FEET 

RECORD) TO A POINT IN THE EAST 

LINE OF THE WEST HALF OF THE 

NORTHEAST QUARTER OF SAID 

SECTION 4; 

THENCE ALONG SAID EAST LINE, 

SOUTH 01 DEGREES 46 MINUTES 37 

SECONDS WEST, (MEASURED) 

(SOUTH 01 DEGREES 45 MINUTES 56 

SECONDS WEST RECORD) A 

DISTANCE OF 864.48 FEET TO THE 

POINT OF BEGINNING; 

THENCE SOUTH 89 DEGREES 51 

MINUTES 13 SECONDS WEST, 

(MEASURED) (SOUTH 89 DEGREES 50 

MINUTES 32 SECONDS WEST 

RECORD) A DISTANCE OF 10.00 FEET; 

THENCE SOUTH 01 DEGREES 46 

MINUTES 37 SECONDS WEST 

(MEASURED), (SOUTH 01 DEGREES 45 

MINUTES 56 SECONDS WEST 

RECORD) A DISTANCE OF 92.13 FEET 

(MEASURED) (92.05 FEET RECORD); 

THENCE NORTH 89 DEGREES 51 

MINUTES 13 SECONDS EAST, A 

DISTANCE OF 10.00 FEET TO A POINT 

IN SAID EAST LINE OF THE WEST 

HALF OF THE NORTHEAST QUARTER 

OF SAID SECTION 4; 

THENCE ALONG SAID EAST LINE, 

NORTH 01 DEGREES 46 MINUTES 37 

SECONDS EAST, A DISTANCE OF 

92.13 FEET TO THE POINT OF 

BEGINNING. 

Dated: August 22, 2018. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2018–19730 Filed 9–10–18; 8:45 am] 

BILLING CODE 4337–15–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAKC001030/ 

A0A501010.999900 253G] 

Craig Tribal Association of Craig, 

Alaska’s Alcohol Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

liquor control ordinance of the Craig 

Tribal Association of Craig, Alaska. The 

liquor control ordinance regulates and 

controls the possession, sale, 

manufacture, and distribution of alcohol 

in conformity with the laws of the State 

of Alaska. 

DATES: This Ordinance takes effect 

September 11, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jolene John, Tribal Operations Officer, 

Alaska Regional Office, Bureau of 

Indian Affairs, 3601 C Street, Suite 

1200, Anchorage, Alaska 99503, 

telephone: (907) 271–4043, fax: (907) 

271–4083. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 82–277, 67 Stat. 5856, 18 U.S.C. 

1161, as interpreted by the Supreme 

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

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register notice of adopted liquor control 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Craig Tribal Association of Craig, 

Alaska duly adopted the Craig Tribal 

Association of Craig, Alaska’s Alcohol 

Control Ordinance on November 14, 

2017, and subsequently amended it on 

March 21, 2018, April 18, 2018, and 

June 14, 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 Craig Tribal Association 

of Craig, Alaska duly adopted by 

resolution the Craig Tribal Association 

of Craig, Alaska’s Alcohol Control 

Ordinance enacted November 14, 2017, 

by Res. No. CTA 2017–43 and amended 

March 21, 2018, April 18, 2018, and 

June 14, 2018 by vote of the council to 

clarify language and to correct 

organizational errors. 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45961 

Dated: August 22, 2018. 

Tara Sweeney, 

Assistant Secretary—Indian Affairs. 

Craig Tribal Association of Craig, 

Alaska’s Alcohol Control Ordinance 

Article I. Introduction 

Section 1.1. Title 

This Ordinance shall be known as the 

‘‘Craig Tribal Association of Craig, 

Alaska’s Alcohol Control Ordinance.’’ 

Section 1.2. Authority 

This Ordinance is enacted in 

accordance with the inherent 

governmental powers of the Craig Tribal 

Association, a federally recognized tribe 

of Indians through its Constitution and 

Bylaws of the Craig Tribal Association 

of Craig, Alaska, and in conformance 

with the laws of the State of Alaska, as 

required by the Act of August 15, 1953, 

Public Law 83–177, 67 Stat. 586, 18 

U.S.C. 1161. 

Section 1.3. Purpose 

The purpose of this Ordinance is to 

regulate and control the possession and 

sale of Alcohol on Tribal lands of the 

Craig Tribal Association. The enactment 

of this Ordinance will enhance the 

ability of the Craig Tribal Association to 

control all such alcohol ·related 

activities within the jurisdiction of the 

Tribe and will provide an important 

source of revenue for the continued 

operation and strengthening of the Craig 

Tribal Association and the delivery of 

important governmental services. 

Section 1.4. Application of Federal Law 

Federal Law prohibits the 

introduction, possession, and sale of 

liquor in Indian Country (18 U.S.C. 1154 

and other statutes), except when in 

conformity both with the laws of the 

State and the Tribe (18 U.S.C. 1161). 

Section 1.5. Administration of 

Ordinance 

The Tribal Council, through its 

powers vested under the Constitution of 

the Craig Tribal Association and this 

Ordinance, delegates to the Tribal 

Council the authority to exercise all of 

the powers and accomplish all of the 

purposes as set forth in this Ordinance, 

which may include, but are not limited 

to, the following actions: 

A. Adopt and enforce rules and 

regulations for the purpose of 

effectuating this Ordinance, which 

includes the setting of fees, fines and 

other penalties; 

B. Execute all necessary documents; 

and 

C. Perform all matters of actions 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions under this Ordinance. 

Section 1.6. Sovereign Immunity 

Preserved 

A. The Tribe is immune from suit in 

any jurisdiction except to the extent that 

the Tribal Council of the Craig Tribal 

Association or the United States 

Congress expressly and unequivocally 

waives such immunity by approval of 

written tribal resolution or Federal 

statute. 

B. Nothing in this Ordinance shall be 

construed as waiving the sovereign 

immunity of the Craig Tribal 

Association or the Tribal Council as an 

agency of the Craig Tribal Association. 

Section 1. 7. Applicability 

This Ordinance shall apply to all 

persons or entities operating or 

conducting activities involving the 

possession, sale or distribution of 

Alcohol on Tribal land of the Craig 

Tribal Association. 

Section 1.8. Computation of Time 

Unless otherwise provided in this 

Ordinance, in computing any period of 

time prescribed or allowed by this 

Ordinance, the day of the act, event, or 

default from which the designated 

period of time begins to run shall not be 

included. The last day of the period so 

computed shall be included, unless it is 

a Saturday, a Sunday, or a legal holiday. 

For the purposes of this Ordinance, the 

term ‘‘legal holiday’’ shall mean all legal 

holidays under Tribal or Federal law. 

All documents mailed shall be deemed 

served at the time of mailing. 

Section 1.9. Liberal Construction 

The provisions of this Ordinance shall 

be liberally construed to achieve the 

purposes set forth, whether clearly 

stated or apparent from the context of 

the language used herein. 

Section 1.10. Collection of Applicable 

Fees, Taxes or Fines 

The Tribal Council shall have the 

authority to collect all applicable and 

lawful fees, taxes, and or fines from any 

person or Licensee as imposed by this 

Ordinance. The failure of any Licensee 

to deliver applicable taxes collected on 

the sale of Alcoholic Beverages shall 

subject the Licensee to penalties, 

including, but not limited to the 

revocation of said License. 

Article II. Declaration of Public Policy 

Section 2.1. Matter of Special Interest 

The possession, sale and consumption 

of Alcoholic Beverages within the 

jurisdiction of the Craig Tribal 

Association are matters of significant 

concern and special interest to the 

Tribe. The Tribal Council hereby 

declares that the policy of the Craig 

Tribal Association is to eliminate the 

problems associated with unlicensed, 

unregulated, and unlawful importation, 

distribution, possession, and sale of 

Alcoholic Beverages for commercial 

purposes and to promote temperance in 

the use and consumption of Alcoholic 

Beverages by increasing the Tribe’s 

control over such activities on Tribal 

lands. 

Section 2.2. Federal Law 

The introduction of Alcohol within 

the jurisdiction of the Tribe is currently 

prohibited by federal law (18 U.S.C. 

1154), except as provided for therein, 

and the Tribe is expressly delegated the 

right to determine, in conformance with 

applicable state law, when and under 

what conditions Alcohol, including 

Alcoholic Beverages, shall be permitted 

therein (18 U.S.C. 1161). 

Section 2.3. Need for Regulation 

The Tribe finds that the Federal 

Liquor Laws prohibiting the 

introduction, distribution, possession, 

sale, and consumption of Alcoholic 

Beverages within the Tribal lands 

should be addressed by laws of the 

Tribe, with all such business activities 

related thereto subject to the taxing and 

regulatory authority of the Tribal 

Council. 

Section 2.4. Geographic Locations 

The Tribe finds that the introduction, 

distribution, possession, sale, and 

consumption of Alcohol, including 

Alcoholic Beverages, shall be regulated 

under this Ordinance only where such 

activity will be conducted within or 

upon Tribal lands. 

Section 2.5. Definitions 

As used in this Ordinance, the 

following words shall have the 

following meanings unless the context 

clearly requires otherwise: 

A. ‘‘Alcohol’’ means the product of 

distillation of fermented liquid, whether 

or not rectified or diluted with water, 

including, but not limited to Alcoholic 

Beverages as defined herein, but does 

not mean ethyl or industrial alcohol, 

diluted or not, that has been denatured 

or otherwise rendered unfit for purposes 

or consumption by humans. 

B. ‘‘Alcoholic Beverage(s)’’ when used 

in this Ordinance means, and shall 

include any liquor, beer, spirits, or 

wine, by whatever name they may be 

called, and from whatever source and by 

whatever process they may have been 

produced, and which contain a 

sufficient percent of alcohol by volume 


daltland on DSKBBV9HB2PROD with NOTICES
45962 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

which, by law, makes said beverage 

subject to regulation as an intoxicating 

beverage under the laws of the State of 

Alaska. Alcoholic Beverages include all 

forms of ‘‘low-point beer’’ as defined 

under the laws of the State of Alaska. 

C. ‘‘Applicant’’ means any person or 

entity submitting an application to the 

Tribal Council for an Alcoholic 

Beverage License and who has not yet 

received such a License. 

D. ‘‘Constitution’’ means the 

Constitution of the Craig Tribal 

Association. 

E. ‘‘Tribal Council’’ means the duly 

elected legislative body of the Craig 

Tribal Association authorized to act in 

and on all matters and subjects upon 

which the Tribe is empowered to act, 

now or in the future. 

F. ‘‘Federal Liquor Laws’’ means all 

laws of the United States of America, 

including, but not limited to 18 U.S.C. 

1154 & 1161, that apply to or regulate 

in any way the introduction, 

distribution, possession, or sale of any 

form of Alcohol on Indian lands. 

G. ‘‘Legal Age’’ means twenty-one (21) 

years of age. 

H. ‘‘License’’ or ‘‘Alcoholic Beverage 

License’’ means a license issued by the 

Tribal Council authoring the 

introduction, or sale of Alcoholic 

Beverages for commercial purposes 

under the provisions of the Ordinance. 

I. ‘‘Licensee’’ means a person or entity 

that holds an Alcohol Beverage License 

issued by the Tribal Council and 

includes any employee or agent of the 

License. 

J. ‘‘Liquor Store’’ means any business, 

store, or commercial establishment at 

which Alcohol is sold and shall include 

any and all business engaged in the sale 

of Alcoholic Beverages, whether sold as 

packaged or by the drink. 

K. ‘‘Alaska Liquor License’’ means 

any license or permit issued by the State 

of Alaska, including any agency, 

subdivision, or borough thereof, 

regulating any form of Alcohol, 

including, but not limited to any form 

of Alcoholic Beverage. 

L. ‘‘Ordinance’’ means this Craig 

Tribal Association Alcohol Control 

Ordinance, as hereafter amended. 

M. The words ‘‘package’’ or 

‘‘packaged’’ means the sale of any 

Alcoholic Beverage by delivery of same 

by a seller to a purchaser in any 

container, bag, or receptacle for 

consumption beyond the premises or 

location designated on the seller’s 

License. 

N. The words ‘‘sale(s)’’, ‘‘sell’’, or 

‘‘sold’’ means the exchange, barter, 

traffic, furnishing, or giving away of any 

Alcoholic Beverage by any and all 

means, by whatever name commonly 

used to describe the same, by any entity 

or person to another person. 

O. ‘‘Tribal Council’’ shall mean the 

Craig Tribal Association Council and 

will include its duly authorized 

delegees. 

P. ‘‘Tribal lands’’ shall mean and 

reference the geographic area that 

includes all land included within the 

definition of ‘‘Indian Country’’ as 

established and described by federal law 

and that is under the jurisdiction of the 

Craig Tribal Association, including, but 

not limited to all lands held in trust by 

the federal government, located within 

the same, as are now in existence or 

may hereafter be added to. 

Q. ‘‘Tribal law’’ means the 

Constitution of the Craig Tribal 

Association, and all laws, ordinances, 

codes, resolutions, and regulations now 

and hereafter duly enacted by the Tribe. 

R. ‘‘Tribe’’ shall mean the Craig Tribal 

Association. 

Article III. Sales of Alcoholic Beverages 

Section 3.1. Prohibition of the 

Unlicensed Sale of Alcoholic Beverages 

This Ordinance prohibits the 

introduction, distribution, or sale of 

Alcoholic Beverages, other than where 

conducted by a Licensee in possession 

of a lawfully issued License in 

accordance with this Ordinance. The 

Federal Liquor Laws are intended to 

remain applicable to any act or 

transaction that is not authorized by this 

Ordinance, and violators shall be 

subject to all penalties and provisions of 

any and all applicable Federal, Tribal 

and State laws. 

Section 3.2. License Required 

A. Any and all sales of Alcoholic 

Beverages conducted upon Tribal lands 

must be Licensed and the Licensee 

must: (i) Hold a current Alcoholic 

Beverage License, duly issued by the 

Tribal Council; and (ii) prominently and 

conspicuously display the License on 

the premises or location designated on 

the license. 

B. A Licensee has the right to engage 

only in those activities involving 

Alcoholic Beverages expressly 

authorized by such License in 

accordance with this Ordinance. 

Section 3.3. Sales for Cash 

All sales of Alcoholic Beverages 

conducted by any person or entity upon 

Tribal lands shall be conducted on a 

cash-only basis, and no ‘‘account for 

credit with Licensee’’ for said purchase 

and consumption of same shall be 

extended to any person, organization, or 

entity, except that this provision does 

not prohibit the payment of same by use 

of credit cards acceptable to the seller 

(including but not limited to VISA, 

MasterCard or American Express). 

Section 3.4. Personal Consumption 

All sales of Alcoholic Beverages shall 

be for the personal use and 

consumption of the purchaser and his/ 

her guest(s) of Legal Age. The re-sale by 

any entity not licensed as required by 

this Ordinance is prohibited. 

Section 3.5. Tribal Enterprise 

No employee or operator of an entity 

owned by the Tribe shall sell or permit 

any person to open or consume any 

Alcoholic Beverage on any premises or 

location, or any premises adjacent 

thereto, under his or her control, unless 

such activity is properly licensed as 

provided in this Ordinance. 

Article IV. Licensing 

Section 4.1. Eligibility 

Only Applicants operating upon 

Tribal lands shall be eligible to receive 

a License for the sale of any Alcoholic 

Beverage under this Ordinance. 

Section 4.2. Application Process 

A. The Tribal Council may cause a 

License to be issued to any Applicant as 

it may deem appropriate, but not 

contrary to the best interests of the Tribe 

and its Tribal members. Any applicant 

that desires to receive any Alcohol 

Beverage License, and that meets the 

eligibility requirements pursuant to this 

Ordinance, must apply to the Tribal 

Council for the desired class of License. 

Applicants shall (i) Fully and accurately 

complete the application provided by 

the Tribal Council; (ii) pay the Tribal 

Council such application fee as may be 

required; and (iii) submit such 

application to the Tribal Council for 

consideration. 

B. All application fees paid to the 

Tribal Council are nonrefundable upon 

submission of any such application. 

Each application shall require the 

payment of a separate application fee. 

The Tribal Council may waive fees at its 

discretion. 

Section 4.3. Term and Renewal of 

Licenses 

A. With the exception of a Temporary 

License, the term of all Licenses issued 

under this Ordinance shall be for a 

period not to exceed two (2) years from 

the original date of issuance and may be 

renewed thereafter on a year-to-year 

basis, in compliance with this 

Ordinance and any rules and 

regulations hereafter adopted by the 

Tribal Council. 

B. Each License may be considered for 

renewal by the Tribal Council annually 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45963 

upon the Licensee’s submission of a 

new application and payment of all 

required fees. Such renewal application 

shall be submitted to the Tribal Council 

at least sixty (60) days and no more than 

ninety (90) days prior to the expiration 

of an existing License. If a License is not 

renewed prior to its expiration, the 

Licensee shall cease and desist all 

activity as permitted under the License, 

including the sale of any Alcoholic 

Beverages, until the renewal of such 

License is properly approved by the 

Tribal Council. 

Section 4.4. Classes of Licenses 

The Tribal Council shall have the 

authority to issue the following classes 

of Alcoholic Beverage License: 

A. ‘‘Retail On-Site Beer and Wine 

License’’ authorizing the Licensee to sell 

only beer and wine at retail at the 

location designated in the License. 

B. ‘‘Temporary or Provisional 

License’’ authorizing the sale of 

Alcoholic Beverages on a temporary 

basis for premises or at a location 

temporarily occupied by the Licensee 

for a picnic, social gathering, or similar 

occasion, as allowed by Federal and 

State law. A Temporary or Provisional 

License may not be renewed upon 

expiration. A new application must be 

submitted for each such License. 

Section 4.5. Application Form and 

Content 

An application for any License shall 

be made to the Tribal Council and shall 

contain at least the following 

information: 

A. The name and address of the 

Applicant, including the names and 

addresses of the principal officers, 

directors, managers and other 

employees with primary management 

responsibility related to the sale of 

Alcoholic Beverages; 

B. The specific area, location and or 

premise(s) for which the License is 

applied; 

C. The hours that the Applicant will 

sell the Alcoholic Beverages; 

D. For Temporary Licenses, the dates 

for which the License is sought to be in 

affect; 

E. The class of Alcoholic Beverage 

License applied for, as set forth in 

Section 4.4 herein; 

F. Whether the Applicant has an 

Alaska Liquor License; a copy of such 

License, and any other applicable 

license, shall be submitted to and 

retained by the Tribal Council; 

G. A sworn statement by the 

Applicant to the effect that none of the 

Applicant’s officers, directors, 

managers, and or employees with 

primary management responsibility 

related to the sale of Alcoholic 

Beverages, have ever been convicted of 

a felony under the law of any 

jurisdiction, and have not violated and 

will not violate or cause or permit to be 

violated any of the provisions of this 

Ordinance; and 

H. The application shall be signed 

and verified by the Applicant under 

oath and notarized by a duly authorized 

representative. 

Section 4.6. Action on the Application 

The Tribal Council shall have the 

authority to deny or approve the 

application, consistent with this 

Ordinance and the laws of the Tribe. 

Upon approval of an application, the 

Tribal Council shall issue a License to 

the Applicant in a form to be approved 

from time to time by the Tribal Council. 

The Tribal Council shall have the 

authority to issue a temporary or 

provisional license pending the 

foregoing approval process. 

Section 4.7. Denial of License or 

Renewal 

An application for a new License or 

License Renewal may be denied for one 

or more of the following reasons: 

A. The Applicant materially 

misrepresented facts outlined contained 

in the application; 

B. The Applicant is currently not in 

compliance with this Ordinance or any 

other Tribal or Federal laws; 

C. Granting of the License, or renewal 

thereof, would create a threat to the 

peace, safety, morals, health or welfare 

of the Tribe; 

D. The Applicant has failed to 

complete the application properly or 

has failed to tender the appropriate fee. 

E. A verdict or judgment has been 

entered against or a plea of nolo 

contendere has been entered by an 

Applicant’s officer, director, manager, or 

any other employee with primary 

management responsibility related to 

the sale of Alcoholic Beverages, to any 

offense under Tribal, Federal, or State 

laws prohibiting or regulating the sale, 

use, possession, or giving away of 

Alcoholic Beverages. No person who 

has been convicted of a felony shall be 

eligible to hold license. 

Section 4.8. Temporary Denial 

If the application is denied solely on 

the basis of Section 4.7(D), the Tribal 

Council shall, within fourteen (14) days 

of such action, deliver in person or by 

mail a written notice of temporary 

denial to the Applicant. Such notice of 

temporary denial shall: (i) Set forth the 

reason(s) for denial; and (ii) state that 

the temporary denial will become a 

permanent denial if the reason(s) for the 

denial or not corrected within fifteen 

(15) days following the mailing or 

personal delivery of such notice. 

Section 4.9. Cure 

If an applicant is denied a License for 

any reason stated in Section 4. 7 ‘‘Denial 

of License or Renewal’’, the Applicant 

may cure the deficiency and resubmit 

the application for consideration. Each 

re-submission will be treated as a new 

application for License or renewal of 

License, and the appropriate fee shall be 

due upon re-submission. 

Section 4.10. Investigation 

Upon receipt of an application for the 

issuance, or renewal of a License, the 

Tribal Council shall make a thorough 

investigation to determine whether the 

Applicant and the premises or location 

for which a License is applied for 

qualifies for a License, and whether the 

provisions of this Ordinance have been 

complied with. The Tribal Council shall 

investigate all matters connected 

herewith which may affect the public 

health, welfare and morals of the Tribe, 

community, etc. 

Section 4.11. Procedures for Appealing 

a Denial or Condition of Application 

Any Applicant for a License or 

Licensee who believes the denial of 

their License or request for renewal of 

their License is wrongfully determined 

in accordance with the Rules, 

Regulations and Enforcement of this 

Ordinance which are outlined in Article 

VI, Sections 6.1 through 6.11, may 

appeal the decision of the Tribal 

Council. 

Section 4.12. Revocation of License 

The Tribal Council may initiate action 

to revoke a License whenever it is 

brought to the attention of the Tribal 

Council that a Licensee: 

A. Has materially misrepresented 

facts contained in any License 

application; 

B. Is not in compliance with this 

Ordinance or any other Tribal, State or 

Federal laws material to the issue of 

Alcohol licensing; 

C. Failed to comply with any 

condition of a License, including failure 

to pay taxes on the sale of Alcoholic 

Beverages or failure to pay any fee 

required under this Ordinance; 

D. Has a verdict, or judgement entered 

against, or has a plea of nolo contendere 

entered by any of its officers, directors, 

managers or any employees with 

primary responsibility over the sale of 

Alcoholic Beverages, as to any offense 

under Tribal, Federal or State laws 

prohibiting or regulating the sale, use, or 


daltland on DSKBBV9HB2PROD with NOTICES
45964 Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 

possession, of Alcoholic Beverages or a 

felony of any kind. 

E. Failed to take reasonable steps to 

correct objectionable conditions 

constituting a nuisance on the premises 

or location designated in the License, or 

any adjacent area under their control, 

within a reasonable time after receipt of 

a notice to make such corrections has 

been mailed or personally delivered by 

the Tribal Council; or 

F. Has had an Alaska Liquor License 

suspended or revoked. 

Section 4.13. Initiation of Revocation 

Proceedings 

Revocation proceedings may be 

initiated by either: (i) The Tribal 

Council, on its own motion and through 

the adoption of an appropriate 

resolution meeting the requirements of 

this section; or (ii) by any person who 

files a complaint with the Tribal 

Council. The complaint shall be in 

writing and signed by the maker. Both 

the complaint and resolution shall state 

facts showing that there are specific 

grounds under this Ordinance which 

would authorize the Tribal Council to 

revoke the License(s). 

Section 4.14. Revocation Hearing 

If a Complaint is made stating facts 

which specify grounds to revoke a 

License under this Ordinance, a hearing 

held on this complaint shall be held 

under such rules and regulations as the 

Tribal Council may prescribe. Both the 

Licensee and the person filing the 

complaint shall have the right to present 

witnesses to testify and to present 

written documents in support of their 

positions to the Tribal Council. The 

Tribal Council shall render its decision 

within sixty (60) days after the date of 

the hearing. The decision of the Tribal 

Council shall be final. 

Section 4.15. Delivery of License 

Upon revocation of a License, the 

Licensee shall forthwith deliver their 

License to the Tribal Council. 

Section 4.16. Transferability of Licenses 

Alcoholic Beverage Licenses shall be 

issued to a specific Licensee for use at 

a single premises or specific location 

and shall not be transferable for use by 

any other premises or location. 

Section 4.17. Posting of License 

Every Licensee shall post and keep 

posted its License(s) in a prominent and 

conspicuous place(s) on the premises or 

location designated in the License. Any 

License posted on a premises or location 

not designated in such License shall not 

be considered valid and shall constitute 

a separate violation of this Ordinance. 

Article V. Powers of Enforcement 

Section 5.1. Tribal Council 

In furtherance of this Ordinance, the 

Tribal Council shall have exclusive 

authority to administer and implement 

this Ordinance and shall have the 

following powers and duties hereunder: 

A. To adopt and enforce rules and 

regulations governing the sale, 

distribution, and possession of 

Alcoholic Beverages within the Tribal 

lands of the Craig Tribal Association; 

B. To employ such persons as may be 

reasonably necessary to perform all 

administrative and regulatory 

responsibilities of the Tribal Council 

hereunder. All such employees shall be 

employees of the Tribe; 

C. To issue Licenses permitting the 

sale, distribution, and possession of 

Alcoholic Beverages within the Tribal 

lands; 

D. To give reasonable notice and to 

hold hearings on violations of this 

Ordinance; 

E. To deny applications and renewals 

for Licenses and revoke issued Licenses 

as provided in this Ordinance; 

F. To bring such other actions as may 

be required by applicable Tribal or 

Federal law or regulation; and 

G. To collect taxes, fees, and penalties 

as may be required, imposed, or allowed 

by applicable Tribal or Federal law or 

regulation, and to keep accurate books, 

records, and accounts of the same. 

Section 5.2. Right of Inspection 

Any premises or location of any 

person or entity licensed to, distribute, 

or sell Alcoholic Beverages pursuant to 

this Ordinance shall be open for 

inspection by the Tribal Council for the 

purpose of ensuring the compliance or 

noncompliance of the License with all 

provisions of this Ordinance and any 

applicable Tribal laws or regulations. 

Section 5.3. Limitation of Powers 

In the exercise of its powers and 

duties under this Ordinance, agents, 

employees, or any other affiliated 

persons of the Tribal Council shall not, 

whether individually or as a whole 

accept any gratuity, compensation, or 

other thing of value from any Alcoholic 

Beverage wholesaler, retailer, or 

distributor, or from any Applicant or 

Licensee. 

Article VI. Rules, Regulations, and 

Enforcement 

Section 6.1. Sale or Distribution on 

Tribal Lands Without a License 

Any person or entity who sells or 

offers for sale or distribution any 

Alcoholic Beverage in violation of this 

Ordinance, or who operates any 

business on Tribal lands that has 

Alcoholic Beverages for sale or in their 

possession without a proper License 

properly posted as required in Section 

4.17, shall be in violation of this 

Ordinance. 

Section 6.2. Unlawful Purchase 

Any person who purchases any 

Alcoholic Beverage on Tribal lands from 

a person or entity that does not have a 

License to sell Alcoholic Beverages 

properly posted shall be in violation of 

this Ordinance. 

Section 6.3. Intent To Sell 

Any persons who keeps or possesses, 

or causes another to keep or possess, 

upon his person or on premises within 

his control, any Alcoholic Beverage, 

with the intent to sell or to distribute 

the same contrary to the provisions of 

this Ordinance shall be in violation of 

this Ordinance. 

Section 6.4. Sale to Intoxicated Person 

Any person who knowingly sells an 

Alcoholic Beverage to a person who is 

visibly intoxicated shall be in violation 

of this Ordinance and shall be subject to 

the penalties of a court with 

jurisdictional authority. 

Section 6.5. Age of Consumption 

No person under the age of twentyone (21) years may possess, purchase or 

consume any Alcoholic Beverage on 

Tribal lands, and any such possession or 

consumption shall be in violation of this 

Ordinance and shall be subject to the 

penalties of a court with jurisdictional 

authority. 

Section 6.6. Serving Underage Person 

No person shall sell, or serve any 

Alcoholic Beverage to a person under 

the age of twenty-one (21) years, or 

permit any such person to possess or 

consume any Alcoholic Beverage on the 

premises or on any premises under their 

control. Any Licensee violating this 

section shall be guilty of a separate 

violation of this Ordinance for each and 

every Alcoholic Beverage sold or served 

and or consumed by such an underage 

person. 

Section 6.7. False Identification 

Any person who purchases or who 

attempts to purchase any Alcoholic 

Beverage through the use of false, or 

altered identification that falsely 

purports to show such person to be over 

the age of twenty-one (21) years shall be 

in violation of this Ordinance. 

Section 6.8. Documentation of Age 

Any seller or server of any Alcoholic 

Beverage shall be required to request 


daltland on DSKBBV9HB2PROD with NOTICES
Federal Register / Vol. 83, No. 176 / Tuesday, September 11, 2018 / Notices 45965 

proper and satisfactory documentation 

of age of any person who appears to be 

thirty (30) years of age or younger. 

When requested by a seller or server of 

Alcoholic Beverages, every person shall 

be required to present proper and 

satisfactory documentation of the 

bearer’s age, signature, and photograph 

prior to the purchase or delivery of any 

Alcoholic Beverage. For purposes of this 

Ordinance, proper and satisfactory 

documentation shall include one or 

more of the following: 

A. A Driver’s License or personal 

identification card issued by any state 

department of motor vehicles; 

B. United States active duty military 

credentials; 

C. Passport. 

Any seller, server, or person 

attempting to purchase Alcoholic 

Beverages who does not comply with 

the requirements of this section shall be 

in violation of this Ordinance and 

subject to penalties, as determined by 

the court with jurisdictional authority. 

Section 6.9. General Penalties 

A. Any person or entity determined 

by the Tribal Council to be in violation 

of this Ordinance, including any 

unlawful regulation promulgated 

pursuant thereto, shall be subject to a 

civil penalty of not more than Five 

Hundred Dollars ($500.00) for each such 

violation, except as provided herein. 

The Tribal Council may adopt by 

resolution a separate written schedule 

for fines for each type of violation, 

taking into account the seriousness and 

threat the violation may pose to the 

general public health and welfare. Such 

schedule may also provide, in the case 

of repeated violations, for imposition of 

monetary penalties greater than Five 

Hundred Dollars ($500.00) per violation 

limitation set forth above. The civil 

penalties provided herein shall be in 

addition to any criminal penalties that 

may be imposed under any other Tribal, 

Federal, or State laws. 

B. Any person or entity determined by 

the Tribal Council to be in violation of 

this Ordinance, including any lawful 

regulation promulgated pursuant 

thereto, may be subject to ejection or 

exclusion from Tribal land or any Tribal 

facility. 

Section 6.10. Initiation of Action 

Any violation of this Ordinance shall 

constitute a public nuisance. The Tribal 

Council may initiate and maintain in a 

court with jurisdictional authority, an 

action to abate and permanently enjoin 

any nuisance declared under this 

Ordinance. Any action taken under the 

section shall be in addition to any other 

civil penalties provided for in this 

Ordinance. 

Section 6.11. Contraband; Seizure; 

Forfeiture 

All Alcoholic Beverages held, owned, 

or possessed within Tribal lands by any 

person, entity, or Licensee operating in 

violation of this Ordinance are hereby 

declared to be contraband and subject to 

seizure and forfeiture to the Tribe. 

A. Seizure of contraband as defined in 

this Ordinance shall be done by the 

Tribal Council, with the assistance of 

law enforcement upon request; and all 

such contraband seized shall be 

inventoried and maintained by the 

Tribal Council, the governing body of 

the tribe that will serve as an 

Administrative Court for these 

proceedings, pending a final order of the 

Tribal Council. The owner of the 

contraband seized may alternatively 

request that the contraband seized be 

sold and the proceeds received there 

from be maintained by law enforcement 

pending a final order of the Tribal 

Council. The proceeds from such a sale 

are subject to forfeiture in lieu of the 

seized contraband. 

B. Within ten (10) days following the 

seizure of such contraband, a hearing 

shall be held by the Tribal Council, at 

which time the operator or owner of the 

contraband shall be given an 

opportunity to present evidence in 

defense of his or her activities. 

C. Notice of the hearing of at least ten 

(10) days shall be given to the person 

from whom the property was seized and 

the owner, if known. If the owner is 

unknown, notice of the hearing shall be 

posted at the place where the 

contraband was seized and at the other 

public places on Tribal lands. The 

notice shall describe the property 

seized, and the time, place, and cause of 

the seizure, and list the name and place 

of residence, if known, of the person 

from whom the property was seized. If 

upon the hearing, the evidence 

warrants, or, if no person appears as a 

claimant, the Tribal Council shall 

thereupon enter a judgment of 

forfeiture, and all such contraband shall 

become the property of the Craig Tribal 

Association. If upon the hearing the 

evidence does not warrant forfeiture, the 

seized property shall be immediately 

returned to the owner. The judgment of 

the Tribal Council shall be final and 

non·appealable. 

Article VII. Nuisances 

Section 7.1. Nuisance 

Under a determination by the Tribal 

Council that any such place or activity 

is a nuisance under any provision of 

this Ordinance, the Tribal Council may 

impose injunctive relief which may 

include a closure of any business or 

other use of the property for up to one 

(1) year from the date of the such 

injunctive relief. 

Arcticle VIII. Revenue and Reporting 

Section 8.1. Use and Appropriation of 

Revenue Received 

All fees, taxes, payments, fines, costs, 

assessment, and any other revenues 

collected by the Craig Tribal Association 

under this Ordinance, from whatever 

sources, shall be expended first for the 

administrative costs incurred in the 

administration and enforcement of this 

Ordinance. Any excess funds shall be 

subject to and available for 

appropriation by the Tribal Council to 

the Tribe for essential governmental 

services. 

Section 8.2. Audit 

The Craig Tribal Association and its 

handling of all funds collected under 

this Ordinance is subject to review and 

Audit as part of the annual financial 

audit of the Tribe. 

Section 8.3. Reports 

Reports shall be submitted to the 

Tribal Council consisting of: quarterly 

reports and an accounting of all fees, 

taxes, payments, fines, costs, 

assessments, and all other revenues 

collected and expended pursuant to this 

Ordinance. 

Article IX. Miscellaneous 

Section 9.1. Severability 

If any provision or application of this 

Ordinance is found invalid and or 

unenforceable by a court of competent 

jurisdiction, such determination shall 

not be held to render ineffectual any of 

the remaining provisions or applications 

of this Ordinance not specifically 

identified thereby, or to render such 

provisions to be inapplicable to other 

persons or circumstances. 

Section 9.2. Construction 

Nothing in this Ordinance shall be 

construed to diminish or impair in any 

way the rights or sovereign powers of 

the Craig Tribal Association. 

Section 9.3. Effective Date 

This Ordinance shall be effective after 

the Secretary of the Interior certifies the 

Ordinance and on the date it is 

published in the Federal Register. 

Section 9.4. Prior Law Repealed 

Any and all prior enactments of the 

Craig Tribal Association that are 

inconsistent with the provisions of this 

Ordinance are hereby rescinded. 


daltland on DSKBBV9HB2PROD with NOTICES
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 


daltland on DSKBBV9HB2PROD with NOTICES