Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 10547 

Section 9. Conditions of the Tribal 

License 

Any tribal license issued under this 

Ordinance shall be subject to such 

reasonable conditions as the Tribal 

Council shall establish, including, but 

not limited to the following: 

(a) A regular license shall be valid for 

a term of one year. A temporary license 

shall be valid for a period of not to 

exceed three days. 

(b) The licensee shall at all times 

maintain an orderly, clean, and neat 

establishment, both inside and outside 

the licensed premises. 

(c) The licensed premises shall be 

subject to patrol by the tribal Police 

Department, and such other law 

enforcement officials as may be 

authorized under tribal or federal law. 

(d) The licensed premises shall be 

open to inspection by duly authorized 

tribal officials at all times during regular 

business hours. 

(e) All sales of alcoholic beverages 

shall be for the personal use and 

consumption of the purchaser, and no 

resale of any alcoholic beverage is 

permitted, except that a licensed retailer 

of alcoholic beverages may purchase 

alcoholic beverages for resale within 

Indian Country. 

(f) No person under the age permitted 

under the law of the State of Louisiana 

shall be sold, served, delivered, given or 

allowed to consume alcoholic beverages 

in the licensed premises. 

(g) No alcoholic beverages shall be 

sold, served, disposed of, delivered, or 

given to any person, or consumed on the 

licensed premises, except in conformity 

with any applicable Tribal and/or 

Louisiana State rules limiting the hours 

and days on which alcoholic beverages 

may be sold, served, disposed of, 

delivered or given to any person. In no 

event shall the licensed premises 

operate or open earlier or operate or 

close later than is permitted by the laws 

of the State of Louisiana. 

(h) No alcoholic beverage shall be 

sold within 200 feet of a polling place 

on tribal election days, or when a 

referendum is held of the people of the 

Tribe, or on any special days of 

observance as designated by the Tribal 

Council. 

(i) The license shall at all times be 

posted in a prominent, noticeable place 

on the premises where alcoholic 

beverages are to be sold. 

(j) All acts and transactions executed 

under authority of the tribal alcoholic 

beverage license shall be in conformity 

with this Ordinance, the terms of the 

Tribal license, and the laws of the State 

of Louisiana. 

Section 10. License Not a Property 

Right 

Notwithstanding any other provision 

of this Ordinance, a tribal alcoholic 

beverage license is a mere permit for a 

fixed duration of time. A tribal alcoholic 

beverage license shall not be deemed a 

property right or vested right of any 

kind, nor shall the granting of a tribal 

alcoholic beverage license give rise to a 

presumption of legal entitlement to the 

granting of such license for a subsequent 

time period. 

Section 11. Assignment or Transfer 

No tribal license issued under this 

Ordinance shall be assigned or 

transferred without the written approval 

of the Tribal Council expressed by 

formal resolution. 

Section 12. Revocation and Suspension 

Any license issued hereunder may be 

suspended or revoked by the Tribal 

Council for the breach of any of the 

provisions of this Ordinance or of the 

tribal license upon hearing before the 

Tribal Council after 10 days’ notice to 

the licensee. The decision of the Tribal 

Council shall be final. 

Section 13. Assignment of Authority of 

Tribal Council 

The Tribal Council may, at its 

discretion, assign part or all of its 

hearing and licensing authority under 

this Ordinance by formal resolution. 

Section 14. Severability 

If a court of competent jurisdiction 

invalidates any part of this Ordinance, 

all valid parts that are severable from 

the invalid part shall remain in effect. 

If a part of this Ordinance is invalid in 

one or more of its applications, that part 

shall remain in effect in all valid 

applications that are severable from the 

invalid applications. 

Section 15. Sovereign Immunity 

Nothing contained in this Ordinance 

is intended to nor does in any way limit, 

alter, restrict, or waive the Tribe’s 

sovereign immunity. 

Section 16. Effective Date 

This Ordinance shall be effective on 

the date that the Secretary of the Interior 

certifies this Ordinance and it is 

published in the Federal Register. 

[FR Doc. 2012–4029 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Kickapoo Traditional Tribe of Texas— 

First Amended Beer and Liquor Tax 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

amendment to the Kickapoo Traditional 

Tribe of Texas’ Beer and Liquor Tax 

Ordinance. The Ordinance regulates and 

controls the possession, sale and 

consumption of liquor within the 

Kickapoo Traditional Tribe of Texas’ 

Reservation. The land is trust land and 

this Ordinance allows for the possession 

and sale of alcoholic beverages within 

the Kickapoo Traditional Tribe of Texas’ 

Reservation. This Ordinance will 

increase the ability of the tribal 

government to control the distribution 

and possession of liquor within their 

reservation, and at the same time will 

provide an important source of revenue, 

the strengthening of the tribal 

government and the delivery of tribal 

services. 

DATES: Effective Date: This Amendment 

is effective as of March 23, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Chaney, Community Services 

Officer, Southern Plains Regional Office, 

Bureau of Indian Affairs, P.O. Box 368, 

Anadarko, OK 73005, Phone: (405) 247– 

1537; Fax: (404) 247–9240: or De 

Springer, Office of Indian Services, 

Bureau of Indian Affairs, 1849 C Street 

NW., MS–4513–MIB, Washington, DC 

20240; Telephone (202) 513–7640. 

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 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Kickapoo Traditional Tribe of Texas 

adopted this amendment to the 

Kickapoo Traditional Tribe of Texas’ 

Beer and Liquor Tax Ordinance by 

Resolution No. 2011–892 on March 30, 

2011. 

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 Kickapoo Traditional 

Tribal Council duly adopted this 

amendment to the Kickapoo Traditional 

Tribe of Texas’ Beer and Liquor Tax 


srobinson on DSK4SPTVN1PROD with NOTICES
10548 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices 

Ordinance on by Resolution No. 2011– 

892 on March 30, 2011. 

Dated: February 9, 2012. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The First Amended Kickapoo 

Traditional Tribe of Texas’ Beer and 

Liquor Tax Ordinance reads as follows: 

Section 100. Enactment Clause 

This Ordinance is enacted pursuant to 

Article VII Sections g, h, j, k and r of the 

constitution of the Kickapoo Traditional 

Tribe of Texas. Be it enacted by the 

Council of the Kickapoo Traditional 

Tribe of Texas (‘‘KTTT’’), the following 

Beer and Liquor Tax Ordinance. 

Section 101. Title and Purpose 

This Chapter shall be known as the 

Kickapoo Traditional Tribe of Texas 

Beer and Liquor Tax Ordinance. These 

laws are enacted to regulate the sale and 

distribution of liquor and beer products 

on all properties under the jurisdiction 

of the KTTT and to create the Kickapoo 

Tax Commission, which will be in 

charge of taxing beer and liquor sales to 

generate revenues so as to fund needed 

tribal programs and services. 

Section 102. Definitions 

Unless otherwise required by the 

context, the following words and 

phrases shall have the designated 

meanings: 

(1) ‘‘Tribe and/or Tribal and/or 

KTTT’’ shall mean the Kickapoo 

Traditional Tribe of Texas. 

(2) ‘‘Tribal Council’’ shall mean the 

Kickapoo Traditional Tribe of Texas 

Tribal Council as constituted by Section 

1 Articles III and V, respectively of the 

Constitution of the Kickapoo Traditional 

Tribe of Texas. 

(3) ‘‘Commission’’ shall mean the 

Kickapoo Tax Commission. 

(4) ‘‘Tribal Lands’’ shall mean Indian 

Country as defined by 18 U.S.C. Section 

1151 subject to the jurisdiction of the 

KTTT, including without limitation: 

(a) Tribal Trust Land. Any lands and 

waters held in trust by the Federal 

Government within the jurisdiction of 

the KTTT; 

(b) Tribal Properties in Trust Statutes 

Process. Lands and water in process to 

achieve trust status under the Federal 

Government within the jurisdiction of 

the KTTT; and 

(c) Other Properties. All other lands 

and waters however acquired and not 

currently in process to achieve trust 

status under the Federal Government 

within the jurisdiction of the KTTT. 

(5) ‘‘Sales’’ shall mean the transfer, 

exchange or barter, by any means 

whatsoever, for a consideration by any 

person, association, partnership, or 

corporation, of liquor and beer products. 

(6) ‘‘Alcohol’’ means and includes 

hydrated oxide of ethyl, ethyl alcohols, 

ethanol, spirits, or wine, and beer in 

concentration of more than one half of 

one percent of alcohol by volume, from 

whatever source or by whatever source 

or whatever process produced including 

all dilutions and mixtures of the 

substance. 

(7) ‘‘Beer’’ means any malt beverage 

containing one half of one percent or 

more alcohol by volume and not more 

than four percent alcohol by weight and 

obtained by the alcoholic fermentation 

of an infusion or decoction of pure 

hops, or pure extract of hops, barley, or 

other grain, malt or similar products. 

‘‘Beer’’ includes among other things, 

beer, ale, stout, lager beer, porter and 

other malt or brewed liquors. 

(8) ‘‘Liquor’’ or ‘‘Alcoholic Beverage’’ 

means any alcoholic beverage including 

alcohol, spirits, wine, whiskey, brandy, 

gin, rum, ale, malt liquor, tequila, 

mescal, habanero and/or barreteago and 

beer in excess of 4% alcohol 

concentration and all fermented, 

spirituous, vinous or malt liquor or any 

other intoxicating liquid, solid, semisolid or other substance, patented or 

not, containing alcohol, spirits, wine or 

beer and intended for oral consumption. 

(9) ‘‘Licensed Premises’’ means the 

location within the KTTT at which a 

person licensed to sell alcoholic 

beverages under this ordinance carries 

on such business, and includes all 

related and associated facilities under 

the control of the Licensee whether they 

are called a licensed premises, outlet or 

liquor outlet. Moreover, where a 

Licensee’s business is carried on as part 

of the operation of an entertainment or 

recreational facility, the ‘‘licensed 

premises’’ shall be deemed to include 

the entire entertainment or recreational 

facility and associated areas. 

(10) ‘‘Operator’’ shall mean any 

person twenty-one (21) years of age or 

older, properly licensed by the 

Commission to operate a liquor and/or 

beer outlet. 

(11) ‘‘License’’ shall mean the 

privilege granted pursuant to this 

ordinance to any person to sell or 

distribute liquor or beer within the 

KTTT Jurisdiction. 

(12) ‘‘Chairman’’, as used in this 

Ordinance, shall mean the chairman of 

the Tax Commission. The Tribal 

Council will name the Chairman of the 

Tax Commission. The Chairman will 

have the authority to call and preside 

over meetings, recommend policies and 

other action to be taken, and represent 

the commission with third parties. 

Section 103. Prohibition 

The sale, introduction for sale, 

purchase, or other dealing in beer, 

liquor and/or alcoholic beverages, 

except as is specifically authorized by 

this title, is prohibited within Tribal 

Lands. 

Section 104. Liquor and Beer Tax 

Commission 

Enactment: The Kickapoo Traditional 

Tribe of Texas’ Tax Commission is 

hereby created. The Commission shall 

consist of seven (7) Commissioners to be 

appointed by the Tribal Council. The 

initial Commission shall serve for 

staggered terms, three of the initial 

members will serve for two years. The 

remaining four initial members will 

serve for four years. Thereafter the 

Tribal Council will appoint or 

reappoint, as determined by the Tribal 

Council to be in the best interest of the 

Commission, Commissioners to four 

year terms. Five of the Commission 

shall be Tribal members. All decisions, 

actions and/or orders shall be by 

majority vote. A minimum of four 

members of the commission will 

constitute a quorum. No action will be 

taken, order or decision made unless 

there is a quorum present at the meeting 

where said action, order and/or decision 

is being voted upon. The Commission 

shall operate by policies and procedures 

approved by the Tribal Council. The 

minimum qualifications a person must 

have to serve as a Commissioner shall 

be as follows: 

(1) Must be over the age of eighteen 

(18); and 

(2) Must have no felony convictions. 

The Commission shall be empowered 

to: 

(1) Administer this law by exercising 

general control, management, and 

supervision of all liquor and beer sales, 

places of sale and sales outlets as well 

as exercising all powers necessary to 

accomplish the purpose of this law. 

(2) Subject to Tribal Council approval, 

adopt rules and regulations in 

furtherance of the purpose of this law 

and in the performance of its 

administrative functions. 

(3) Enforce the rules and regulations 

in furtherance of the purpose of this law 

and in the performance of its 

administrative functions. 

Section 105. Application For Liquor 

and Beer Outlet License 

(1) Application. Any person twenty 

one (21) years of age or older, may apply 

to the Commission for a liquor and/or 

beer outlet license. 

(2) Licensing Requirements. The 

person applying for such license must 


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make a showing once a year and must 

satisfy the Commission of the following, 

including but not limited to: 

(a) That applicant is a person of good 

moral character; 

(b) That applicant has never been 

convicted of violating any of the laws 

regarding the regulation of any 

spirituous, vinous, fermented or malt 

liquors, or of the gambling laws of the 

KTTT, the state of Texas, or any other 

tribe of the state of Texas or of the 

United States, or any foreign country, 

within three (3) years immediately 

preceding the date of the application; 

(3) Processing of Application. The 

Commission Chairperson or Authorized 

Representative shall receive and process 

applications and be the official 

representative of the Commission 

regarding receipt of applications and 

related Kickapoo Traditional Tribe of 

Texas matters. If the Commission or its 

authorized representative is satisfied 

that the applicant meets the criteria in 

Section 105(2)(a) and (b) above, the 

Commission or its authorized 

representative may issue a license for 

the sale of liquor and/or beer products. 

(4) Application Fee. Each Beer and/or 

Liquor License application shall be 

accompanied by a non-refundable 

application fee to be set by regulation of 

the Commission, with the concurrence 

of the Tribal Council. 

(5) Discretionary Licensing. Nothing 

herein shall be deemed to create a duty 

or requirement to issue a license. 

Issuance of licenses is discretionary 

upon the Commission’s determination 

of the best interest of the KTTT and the 

licensing grants a privilege, but not a 

property right, to sell liquor and/or beer 

within the jurisdiction of the KTTT at 

the licensed outlet(s). 

Section 106. Liquor and Beer Licenses 

Upon approval of an application, the 

Commission shall issue the applicant a 

liquor and/or beer license, valid for one 

year from the date of issuance, which 

shall entitle the operator to establish 

and maintain only the type of outlet 

being permitted. This license shall not 

be transferable. The licensee must 

properly and publicly display the 

license in the place of business. It shall 

be renewable at the discretion of the 

Commission, by the submission by the 

Licensee of a subsequent application 

form and the payment of the application 

fee as provided in Section 105. 

Section 107. Sales by Liquor 

Wholesalers and Transport of Liquors 

Upon The Kttt Indian Country 

(1) Right of Commission to Scrutinize 

Suppliers. The Operator of any licensed 

outlet shall keep the Commission 

informed, in writing, of the identity of 

suppliers and/or wholesalers who 

supply or are expected to supply liquor 

or beer stocks to the outlet(s). The 

Commission may, at its discretion, limit 

or prohibit the purchase of said stock 

from a supplier or wholesaler for the 

following reasons: Nonpayment of tribal 

taxes; bad business practices, or sale of 

unhealthy supplies. A ten (10) day 

notice to stop supplier’s purchases will 

be given by the Commission. However 

a stop purchase order may take effect 

immediately if there is a health 

emergency. 

(2) Freedom of Information from 

Suppliers. Operators shall, in their 

purchase of stock and in their business 

relations with suppliers, cooperate with 

and assist the free flow of information 

and data to the Commission from 

suppliers relating to sales and business 

arrangements between the suppliers, 

retailers and operators. The Commission 

may, at its’ discretion, require the 

receipts from the suppliers of all 

invoices, bills of lading, billings or other 

documentary receipts of sales to the 

Operators. 

(3) Businesses shall comply with 

applicable Tribal Laws, for 

domestication or entry of foreign 

corporations. 

Section 108. Sales by Retail Operators 

(1) Commission Procedures. The 

Commission shall adopt procedures 

which shall implement these laws and 

facilitate their enforcement. These 

procedures shall include prohibitions 

on sales to minors, provide for the 

locations where liquor may be 

consumed, identify persons prohibited 

from purchasing alcoholic beverages, 

designating hours and days when 

outlets may be open for business, 

regulate any other appropriate matters 

and institute controls of same. 

(2) Sales to Minors. No person shall 

give, sell, or otherwise supply liquor or 

beer to any person less than twenty-one 

(21) years of age, either for his or her 

own use or for the use of his parents or 

for use of any other person. 

(3) Consumption of Beer or Liquor 

upon Licensed Premises shall be 

prohibited unless otherwise allowed by 

regulation. 

(4) Conduct on Licensed Premises. 

(a) No Operator shall be disorderly, 

boisterous, or intoxicated on the 

licensed premises or any public 

premises adjacent thereto which are 

under his or her control, nor shall he or 

she permit any disorderly, boisterous, or 

intoxicated person to be thereon; nor 

shall he or she use or allow the use of 

profane or vulgar language thereon. 

(b) No Operator shall permit 

suggestive, lewd, or obscene conduct or 

acts on his or her premises. For the 

purpose of this section, suggestive, lewd 

or obscene acts of conduct shall be those 

acts or conduct identified as such by the 

laws of the KTTT or that may be 

considered as such by a reasonable 

person. 

(5) Employment of Minors. No person 

under the age of twenty-one (21) years 

shall be employed in any service in 

connection with the sale or handling of 

liquor and/or beer, either on a paid or 

voluntary basis. 

(6) Operator’s Premises Open to 

Inspector. The premises of all Operators 

including vehicles used in connection 

with beer and/or liquor sales, shall be 

open at all times to inspection by the 

Commission or its designated 

representative. 

(7) Operator’s Record. The originals or 

copies of all sales slips, invoices, and 

other memoranda, covering all 

purchases of beer and/or liquor by the 

Operator shall be kept on file on the 

retail premises of the Operator 

purchasing the same, for at least three 

(3) years after each purchase and shall 

be filed separately and kept apart from 

all other records and as nearly as 

possible shall be filed in consecutive 

order with each month’s records kept 

separate so as to render the same readily 

available for inspection. All canceled 

checks, bank statements and books of 

accounting covering or involving the 

purchase of beer and/or liquor, and all 

memoranda showing payment for beer 

and/or liquor other than by check shall 

be likewise preserved for availability for 

inspection. 

(8) Conformity with State Law. 

Operators shall comply with the State of 

Texas Alcoholic Beverage Code to the 

extent required by 18 U.S.C. 1161. 

However, the KTTT shall have the 

fullest jurisdiction allowed under 

federal law over liquor and beer and 

related products or activities, within the 

boundaries of all the Tribal Lands as 

defined herein. 

Section 109. Tribal Excise Tax Imposed 

Upon Distribution of Beer and Liquor 

(1) Tribal Excise Taxes. The Tribe 

shall have authority to assess and 

collect tax on sales of liquor and beer 

products to the consumer or purchaser. 

The tax shall be collected and paid to 

the Commission upon Liquor and Beer 

products sold within the jurisdiction of 

the Tribe. The Tribe may establish 

differing tax rates for any given class of 

merchandise, which shall be paid prior 

to the time of retail sales and delivery 

thereof. 


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(2) Added to Retail Price. An excise 

tax, to be set by the Tribal Council of the 

KTTT, on wholesale prices shall be 

added to the retail selling price of liquor 

and beer products sold to the consumer. 

Said excise tax will be presumed to be 

direct taxes on the retail consumer, precollected for the purpose of convenience 

and facility only. 

(3) Within 72 hours after receipt of 

any beer or alcoholic beverage by any 

wholesaler or retailer subject to this 

Ordinance, a tribal tax stamp shall be 

securely affixed to each package, 

denoting the collection of the tribal tax. 

Retailers or sellers of beer or alcoholic 

beverages within KTTT jurisdiction may 

buy and sell or have in their possession 

only beer or alcoholic beverages which 

have the Tribal stamp affixed to each 

package. 

Section 110. Liability for Bills 

The KTTT and/or the Commission 

shall have no legal responsibility for any 

unpaid bills owed by a liquor or beer 

outlet to a wholesaler supplier or any 

other person or entity. 

Section 111. Other Business by 

Operator 

An Operator may conduct another 

business simultaneously with managing 

a liquor or beer outlet. provided, if such 

other business may in any manner be 

affiliated or related to the beer or liquor 

outlet, it must be approved by majority 

vote of the Commission prior to 

initiation. Said other business may be 

conducted on the same premises as a 

liquor or beer outlet, provided that the 

Operator shall maintain books of 

account that clearly differentiate the 

liquor or beer portion of the business. 

Section 112. Tribal Liability and Credit 

(1) No liability. Unless explicitly 

authorized by Tribal statute, Operators 

are forbidden to represent or give the 

impression to any person or entity that 

he or she is an official representative of 

either the KTTT or the Commission, 

authorized to pledge tribal credit or 

financial responsibility for any of the 

expenses of his or her business 

operation. The Operator shall hold the 

KTTT harmless from all claims and 

liability of whatever nature. The 

Commission shall revoke Operator’s 

licensees) if said outlet(s) is not 

operated in a businesslike manner, if it 

does not remain financially solvent, or 

does not pay its operating expenses and 

bills before they become delinquent. 

(2) Insurance. The Operator shall 

maintain at his or her expense adequate 

Insurance covering liability, fire, theft, 

vandalism and other insurance risks. 

The Commission may establish as a 

condition of any license, the required 

insurance limits and additional 

coverage deemed advisable, proof of 

which shall be filed with the 

Commission. 

Section 113. Audit and Inspection 

(1) All of the books and other business 

records of the licensed premises shall be 

available for inspection and audit by the 

Commission or its authorized 

representative at any reasonable time. 

(2) Bond for Excise Tax. The excise 

tax together with reports on forms to be 

approved by the Commission shall be 

remitted to the Commission’s office on 

a monthly basis, unless the Commission 

specifies otherwise in writing. The 

Operator shall furnish a bond in an 

amount satisfactory to the Commission, 

guaranteeing his payment of excise 

taxes. 

Section 114. Revocation of Opertor’s 

License 

(1) Failure of an Operator to abide by 

the requirements of this Ordinance and 

any additional regulations or 

requirements imposed by the 

Commission will constitute grounds for 

revocation of the Operator’s License as 

well as enforcement of the penalties 

provided in Section 115 of this Act. 

(2) Upon determining that any person 

licensed by the Commission to sell beer 

or alcoholic beverage is for any reason 

no longer qualified to hold such license 

or reasonably appears to have violated 

any terms of the Tribal and/or state 

license or regulations. The Chairman 

shall immediately serve written notice 

upon licensee directing that he show 

cause within ten (10) days why his or 

her Operator’s license should not be 

revoked or restricted. The notice shall 

state the grounds relied upon for the 

proposed revocation or restriction. 

Violations may include failure to pay 

taxes when due and owing, or having 

been found by any forum of competent 

jurisdiction, including the Commission, 

to have violated the terms of a Tribal or 

state license or of any provision of this 

title. 

(3) If the Licensee fails to respond to 

the notice within the ten (10) days of 

service, the Chairman may issue an 

order, effective immediately, revoking 

the license or placing such restriction 

on the Licensee as the Chairman deems 

appropriate. The Licensee may, within 

the 10 day period, file with the Office 

of the Chairman a written response and 

request for hearing before the 

Commission. 

(4) At the hearing, the Licensee may 

present evidence and arguments 

regarding why his license should not be 

revoked. 

(5) The Commission after considering 

all of the evidence and arguments shall 

issue a written decision either 

upholding the license, revoking the 

license or imposing some lesser penalty 

(such as temporary suspension or a 

fine). Such decision shall be final and 

conclusive. 

(6) Within thirty days of the 

Commission’s final decision, such 

decision may be appealed to the KTTT 

Court, by posting a bond with the Court, 

sufficient to cover the Commission’s 

final assessment or ruling. Any finding 

of fact or omission are conclusive upon 

the Court unless clearly contrary to law. 

The purpose of Court review is not to 

substitute the Court’s findings of facts or 

opinion for those of the Commission’s 

but to guarantee due process of law. If 

the Court should rule for the appealing 

party, the Court may remand for a new 

hearing giving such guidance for the 

conduct of such as it deems necessary. 

No damages or monies may be awarded 

against the Commission, its members, 

nor the KTTT and its agents and 

employees in such action. 

Section 115. Violation—Penalties 

Any person who violates these laws 

or elicits, encourages, directs or causes 

someone else to violate these laws shall 

be guilty of an offense and subject to a 

fine. Failure to have a current, valid or 

proper license shall not constitute a 

defense to an alleged violation of the 

licensing laws or regulations. The 

Kickapoo Tribal Court shall have 

jurisdiction over the proceeding. 

(1) Any person convicted of 

committing any violation of this 

Ordinance shall be subject to 

punishment of up to one year 

imprisonment and/or a fine not to 

exceed Five Thousand Dollars 

($5,000.00). 

(2) Additionally, any person upon 

committing any violation of any 

provision of this Ordinance may be 

subject to a civil action for trespass and 

upon having been determined by the 

Court to have committed the violation, 

shall be assessed such damages as the 

Court deems appropriate under the 

circumstances. 

(3) Any person suspected of having 

violated any provision shall, in addition 

to any other penalty imposed 

hereunder, be required to surrender any 

beer or alcoholic beverages in such 

person’s possession to the officer 

making the arrest or complaint. The 

surrendered beverages, if previously 

unopened, shall only be returned to said 

person upon a finding by the Court after 

a trial on the Kickapoo Traditional Tribe 

of Texas merits that the individual 


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committed no violation of the Tax 

Ordinance and of the Tribal Tax laws. 

(4) Any Operator who violates the 

provisions set forth herein shall forfeit 

all of the remaining stock on the 

licensed premises(s). The Commission 

shall be empowered to seize products. 

(5) Any stock, goods or other items 

subject to this Ordinance that have not 

been registered, licensed, or taxes paid 

shall be contraband and subject to 

immediate confiscation by the 

Commission or its employees or agents, 

provided, within 15 days of the seizure 

the Commission shall cause to be filed 

a forfeiture action against such property. 

The action shall allege the reason for the 

seizure or confiscation. Upon sufficient 

proof, the Court shall order the property 

forfeited and title vested in the KTTT. 

(6) Physical seizure of items shall be 

in accordance with the provisions 

contained in the KTTT law enforcement 

policies. 

Section 116. Possession for Personal 

Use 

Possession of beer or alcoholic 

beverages for the personal use by 

persons over the age of 21 years shall, 

unless otherwise prohibited by Federal 

or Tribal law or regulation, be lawful 

within the Tribal Lands. 

Section 117. Transportation Through 

Reservation not Affected 

Nothing herein shall pertain to the 

otherwise lawful transportation of beer 

or alcoholic beverages through the 

Tribal Lands by persons remaining upon 

public highways where such beverages 

are not delivered, or sold or offered for 

sale to anyone with the Tribal Lands. 

Section 118. Severability 

If any provision of these laws is held 

invalid, the remainder of the laws and 

their application to other persons or 

circumstances is not affected. 

All prior statutes, ordinances, and 

resolutions enacted by the KTTT 

regulating, authorizing, prohibiting or in 

any way relating to the sale of beer or 

alcoholic beverages within the Tribal 

Lands are hereby repealed and have no 

further force or effect. 

Section 120. Sovereign Immunity 

Preserved 

Nothing in this Ordinance shall be 

construed as a waiver or limitation of 

the sovereign Immunity of the KTTT or 

its agencies nor their officers or 

employees. 

Section 121. Amendment 

Pursuant to Article VII—Powers of the 

Traditional Council of the Tribes 

Constitution, the Traditional Council 

shall have the authority to amend the 

provisions of the foregoing Beer and 

Liquor Tax Ordinance. 

Section 122–130. Reserved for 

Amendment 

This Ordinance shall be effective 

upon certification by the United States 

Secretary of the Interior and its 

publication in the Federal Register. 

READ, PASSED APPROVED AND 

ENACTED at a duly called Tribal 

Council meeting on the 30th day of 

March 2011. 

Kickapoo Traditional Tribe of Texas 

TRIBAL COUNCIL 

/S/ Juan Garza, Jr., Council Chairman. 

/S/ Jesus Anico, Council Secretary. 

/S/ Rogelio Elizondo, Council Treasurer. 

/S/ David J. Gonzalez, Council Member. 

/S/ Nanate Hernandez, Council Member. 

[FR Doc. 2012–4052 Filed 2–21–12; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Confederated Tribes of the Umatilla 

Indian Reservation—Amendment to 

Liquor Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

amendments to the Confederated Tribes 

of the Umatilla Liquor Code. The Code 

regulates and controls the possession, 

sale and consumption of liquor within 

the Confederated Tribes of the Umatilla 

Reservation. The land is located on trust 

land and this Code allows for the 

possession and sale of alcoholic 

beverages within the Confederated 

Tribes of the Umatilla’s Reservation. 

This Code will increase the ability of the 

tribal government to control the 

distribution and possession of liquor 

within their reservation, and at the same 

time will provide an important source of 

revenue, the strengthening of the tribal 

government and the delivery of tribal 

services. 

DATES: Effective Date: This Amendment 

is effective 30 days after February 22, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Betty Scissons, Tribal Government 

Specialist, Northwest Regional Office, 

Bureau of Indian Affairs, 911 NE 11th 

Avenue, Portland, OR 97232, Phone: 

(503) 231–6723; Fax: (503) 231–6731: or 

De Springer, Office of Indian Services, 

Bureau of Indian Affairs, 1849 C Street 

NW., MS–4513–MIB, Washington, DC 

20240; Telephone (202) 513–7626. 

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 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The Board of Trustees of the 

Confederated Tribes of the Umatilla 

Indian Reservation duly adopted 

Resolution No. 10–056 to amend the 

Confederated Tribes of the Umatilla 

Indian Reservation Liquor Code on July 

12, 2010. 

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 Board of Trustees of the 

Confederated Tribes of the Umatilla 

Indian Reservation duly adopted 

Resolution No. 10–056 to amend the 

Confederated Tribes of the Umatilla 

Indian Reservation Liquor Code on 

July 12, 2010. 

Dated: February 9, 2012. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

The amendment to the Confederated 

Tribes of the Umatilla Indian 

Reservation Liquor Code reads as 

follows: 

CHARTER 1. LIQUOR CODE 

SECTION 1.01. TITLE 

This Code shall be the Liquor Code of 

the Confederated Tribes of the Umatilla 

Indian Reservation (Confederated 

Tribes) and shall be referenced as the 

Liquor Code. 

SECTION 1.02. FINDINGS AND 

PURPOSE 

A. The introduction, possession, and 

sale of liquor on Indian reservations 

has historically been recognized as 

a matter of special concern to 

Indian tribes and to the United 

States. The control of liquor on the 

Umatilla Indian Reservation 

remains exclusively subject to the 

legislative enactments of the 

Confederated Tribes in its exercise 

of its governmental powers over the 

Reservation, and the United States. 

B. Federal law prohibits the 

introduction of liquor into Indian 

Country (18 U.S.C. § 1154), and 

authorized tribes to decide when 

and to what extent liquor 

transactions, sales, possession and 

service shall be permitted on their 

reservation (18 U.S.C. § 1161). 

C. The Board of Trustees, as the 

governing body of the Confederated 


srobinson on DSK4SPTVN1PROD with NOTICES