[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Notices]
[Pages 13017-13024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05695]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[145A21000DDAAK3000000/A0T00000.00000]


Tohono O'odham Nation of Arizona's Title 21--Liquor, Chapter 1--
Alcoholic Beverage Licensing and Control (Chapter)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the amendment to the Tohono O'odham 
Nation's Title 21--Liquor, Chapter 1--Alcoholic Beverage Licensing and 
Control (Chapter). This Chapter amends the existing Chapter 1--
Alcoholic Beverages Licensing and Control Ordinance, Ordinance No. 05-
82, enacted by the Papago Tribal Council, which was published in the 
Federal Register on October 27, 1982 (47 FR 47687).

DATES: Effective Date: This code shall become effective 30 days after 
March 12, 2015.

FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government 
Services Officer, Western Regional Office, Bureau of Indian Affairs, 
2600 North Central Avenue, Phoenix, AZ 85004, Telephone: (602) 379-
6786, Fax: (602) 379-379-4100; or Laurel Iron Cloud, Chief, Division of 
Tribal Government Services, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, 
Telephone (202) 513-7641.

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. On January 16, 2015, the Tohono O'odham 
Legislative Council of the Tohono O'odham Nation duly adopted the 
amendments to the Nation's Title 21--Liquor, Chapter 1--Alcoholic 
Beverage Licensing and Control (Chapter) by Resolution NO. 15-015. This 
Federal Register Notice amends and supersedes the Alcoholic Beverages 
Licensing and Control Ordinance No. 05-82, enacted by the Papago Tribal 
Council, published in the Federal Register on October 27, 1982 (47 FR 
47687).
    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 Legislative Council of the Tohono O'odham 
Nation of Arizona duly adopted this amendment to the Nation's Title 
21--Liquor, Chapter 1--Alcoholic Beverage Licensing and Control 
(Chapter) on January 16, 2015.

    Dated: March 6, 2015.
Kevin Washburn,
Assistant Secretary--Indian Affairs.

    The Tohono O'odham Nation's Title 21--Liquor, Chapter 1--Alcoholic 
Beverage Licensing and Control (Chapter), as amended, shall read as 
follows:

TITLE 21--LIQUOR

CHAPTER 1--ALCOHOLIC BEVERAGES LICENSING AND CONTROL

    Statement of Purpose: A chapter alternatively prohibiting or 
sanctioning and licensing the introduction, sale, possession and 
consumption of alcoholic beverages within the exterior boundaries of 
the Tohono O'odham Reservation, Arizona.

ARTICLE I--TITLE; INTERPRETATION; PROHIBITION; DISTRICT OPTION; 
SANCTION

Section 1101 Short Title

    This chapter may be cited as 21 T.O.C. Chapter 1--Alcoholic 
Beverages Licensing and Control.

Section 1102 Interpretation

    This chapter shall be deemed an exercise of the police power of the 
Tohono O'odham Nation for the protection of the public welfare, health 
peace and morals of the people of the Tohono O'odham Reservation and 
all provisions of this chapter shall be liberally construed for the 
accomplishment of this purpose.

Section 1103 Prohibition

    The introduction, sale, possession and consumption of spirituous 
liquor within the exterior boundaries of the Tohono O'odham Reservation 
in violation of the federal Indian liquor laws, 18 U.S. C. 1154 and 
1156, or in violation of the Criminal Code of the Tohono O'odham Nation 
is prohibited, except within the exterior boundaries of any of the 
twelve (12) Districts of the Tohono O'odham Nation which have, in 
accordance with the provisions of Section 1104 of this Article, 
sanctioned the introduction, sale, possession and consumption of 
spirituous liquor within the District in conformity with this chapter.

Section 1104 District Option

    Each of the 12 Districts of the Tohono O'odham Nation are empowered 
to sanction the introduction, sale, possession and consumption of 
spirituous liquor within the exterior boundaries of the District in 
conformity with this chapter as follows:

District Council: The District Council may by action of a majority of 
its members sanction the introduction, sale, possession and consumption 
of spirituous liquor within the exterior boundaries of the District. 
The action of the District Council shall be memorialized by formal 
resolution and shall be submitted to the Tohono O'odham Legislative 
Council for approval. Upon approval of the resolution by the 
Legislative Council, the introduction, sale, possession and consumption 
of spirituous liquor in conformity with this chapter shall be lawful 
within the exterior boundaries of the District.
    (A) Election: The question of whether a District should sanction 
the introduction, sale, possession and consumption of spirituous liquor 
within the exterior boundaries of the District in conformity with this 
chapter shall be put to a referendum vote of the registered voters of 
the District upon receipt by the Tohono O'odham Election Board (1) of a 
resolution of the District Council requesting such referendum election, 
or (2) of a petition of registered voters of the District requesting 
such referendum election signed by at least ten per cent of the number 
of voters voting for candidates for the office of Representative to the 
Legislative Council from the District at the last general election of 
the Tohono O'odham Nation. Upon receipt of a petition the Election 
Board shall determine whether a sufficient number of registered voters 
from the District have signed the petition. If the resolution or valid 
petition is received by the Election Board within 180 days prior to the

[[Page 13018]]

general election of the Tohono O'odham Nation, the referendum ballot 
shall be submitted to the voters at the general election. If the 
resolution or petition is received by the Board at any other time, it 
shall conduct a special referendum election in the District within 
ninety days of receipt of the resolution or valid petition in 
conformity with the Uniform Election Chapter on a date designated by 
the District Council. The referendum ballot shall contain the following 
question:

    ``Shall the introduction, sale, possession and consumption of 
spirituous liquor be made lawful within the exterior boundaries of this 
District in conformity with the Alcoholic Beverages Licensing and 
Control Chapter of the Tohono O'odham Nation?''

    The registered voters of the District shall vote on said question, 
those in favor voting ``Yes'' on their ballots and those opposed 
``No'', and the Election Board shall determine the number of votes cast 
for and against the referendum measure, and shall issue and post its 
Certificate of Election Results in conformity with the Uniform Election 
Chapter. If a majority of the votes cast was in favor of the referendum 
measure, the Legislative Council shall at its next meeting issue its 
certificate of election and the introduction, sale, possession and 
consumption of spirituous liquor in conformity with this chapter shall 
thereafter be lawful within the exterior boundaries of the District.

Section 1105 Sanction

    The introduction, sale, possession and consumption of spirituous 
liquor shall be lawful within the exterior boundaries of any of the 
twelve (12) Districts of the Tohono O'odham Reservation which have, in 
accordance with the provisions of Section 1104 of this Article, 
sanctioned the introduction, sale, possession and consumption of 
spirituous liquor within their respective Districts in conformity with 
this chapter. The federal Indian liquor laws shall, however, remain 
applicable to any act or transaction which is not in conformity with 
this chapter. Violations of this chapter by any person may be subject 
to federal prosecution as well as legal action in the Tohono O'odham 
Judicial Courts.

ARTICLE II--DEFINITIONS

    In this chapter, unless the context otherwise requires:
    (A) ``Beer'' means any beverage obtained by the alcoholic 
fermentation, infusion or decoction of barley, malt, hops, or other 
ingredients not drinkable, or any combination of them.
    (B) ``Broken package'' means any container of spirituous liquor on 
which the United States tax seal has been broken or removed, or from 
which the cap, cork or seal placed thereupon by the manufacturer has 
been removed.
    (C) ``Commission'' means the liquor licenses and control commission 
of the Tohono O'odham Nation.
    (D) ``Election days'' means the biennial primary election for the 
nomination of United States, state, county and precinct officers, a 
special election called pursuant to Section 1, Article 21 of the 
Constitution of the State of Arizona, the biennial general election of 
the State of Arizona, and the biennial primary or general elections and 
any special elections of the Tohono O'odham Nation, and any Secretarial 
election called pursuant to Section 16 of the Indian Reorganization Act 
of June 18, 1934, as amended.
    (E) ``License'' or ``Tribal License'' means a license issued 
pursuant to the provisions of this chapter.
    (F) ``Licensee'' or ``Tribal licensee'' means a person who has been 
issued a license pursuant to the provisions of this chapter.
    (G) ``Off-sale retailer'' means any person operating an established 
general merchandise or retail store selling groceries and commodities 
other than spirituous liquors and engaged in the sale of spirituous 
liquors only in the original package, to be taken away from the store 
premises and to be consumed off the premises.
    (H) ``On-sale retailer'' means any person operating an 
establishment where spirituous liquors are sold in the original 
container for consumption on or off the premises and in individual 
portions for consumption on the premises.
    (I) ``Person'' includes partnership, associations, company or 
corporation, as well as a natural person.
    (J) ``Premises'' or ``Licensed premises'' means the area from which 
the licensee is authorized to sell, dispense or serve spirituous 
liquors under the provisions of the license.
    (K) ``Sanctioning District'' means any of the twelve (12) Districts 
of the Tohono O'odham Reservation which have sanctioned the 
introduction, sale, possession and consumption of spirituous liquor 
within the District in conformity with this chapter, in accordance with 
the provisions of Section 1104 of Article I of this chapter.
    (L) ``Sell'' includes soliciting or receiving an order for, keeping 
or exposing for sale, delivering for value, peddling, keeping with 
intent to sell and trafficking in.
    (M) ``Spirituous liquor'' includes alcohol, brandy, whiskey, rum, 
tequila, mescal, gin, wine, porter, ale, beer, any malt liquor, malt 
beverage, absinthe or compound or mixture of any of them, or of any of 
them with any vegetable or other substance, alcohol bitters, bitters 
containing alcohol, and any liquid mixture or preparation, whether 
patented or otherwise, which produces intoxication, fruits preserved in 
ardent spirits, and beverages containing more than 1/2 of 1 per cent of 
alcohol by volume.
    (N) ``Wines'' means the product obtained by the fermentation of 
grapes or other agricultural products containing natural or added sugar 
or any such alcoholic beverage fortified with grape brandy and 
containing not more than 24 per cent of alcohol by volume.

ARTICLE III--UNLAWFUL ACTS

    It is unlawful within the exterior boundaries of a sanctioning 
District:
    Section 1301 For a person to have in his possession or custody or 
under his control a still or distilling apparatus, and any mash, wort 
or wash, for distillation or for the production of spirits or alcohol, 
and any still, distilling apparatus, mash, wort, wash or finished 
product produced therefrom found on or within the exterior boundaries 
of the Tohono O'odham Reservation shall be forfeited to the Tohono 
O'odham Nation, and shall forthwith be destroyed by the Tohono O'odham 
Police.
    Section 1302 For a person to buy for resale, sell or deal in 
spirituous liquors on or within the exterior boundaries of a 
sanctioning District, without first having procured a valid license 
issued by the commission or otherwise first complying with the 
provisions of this chapter.
    Section 1303 For any person, except the commission, to import 
spirituous liquors into the Tohono O'odham Reservation from a foreign 
country unless:
    (A) such person is over 21 years of age.
    (B) such person has been physically within such foreign country 
immediately prior to such importation and such importation coincides 
with his return from such foreign country.
    (C) the amount of spirituous liquor imported does not exceed the 
amount permitted under federal law to be imported duty free in any 
period of thirty-one days.
    Section 1304 For a person to take or solicit orders for spirituous 
liquors, except from or through the Tohono

[[Page 13019]]

O'odham liquor licenses and control commission, or in accordance with 
any regulation of such commission.
    Section 1305 For a licensee, or an officer or employee of a Tohono 
O'odham Liquor Store, to employ a person under the age of nineteen (19) 
years to manufacture, sell or dispose of spirituous liquors. The 
provisions of this paragraph shall not prohibit the employment by an 
off-sale retailer of persons who are at least sixteen years of age to 
check out, if supervised by a person on the premises who is at least 
nineteen years of age, package or carry merchandise, including 
spirituous liquor, in unbroken packages, for the convenience of the 
customer of the employer, if the employer sells primarily merchandise 
other than spirituous liquor.
    Section 1306 Except as provided in Sections 1305 and 1309, for a 
licensee, or an officer or employee of a Tohono O'odham Liquor Store, 
or any other person to sell, furnish, dispose of, give, or cause to be 
sold, furnished, disposed of or given, to any person under the age of 
21 years, or for a person under the age of 21 years to buy, receive, 
have in his possession or consume spirituous liquors. This paragraph 
shall not prohibit the employment of an off-sale retailer of persons 
who are at least sixteen years of age to check out, if supervised by a 
person on the premises who is at least nineteen years of age, package 
or carry merchandise, including spirituous liquor, in unbroken 
packages, for the convenience of the customer of the employer, if the 
employer sells primarily merchandise other than spirituous liquor. It 
shall be the responsibility of the licensee or the manager of a Tohono 
O'odham Liquor Store, or their employees, and of anyone acting in their 
behalf to ascertain that the purchaser, acquirer or consumer of any 
intoxicating beverage, either by the drink or by the bottle or other 
container, is 21 years of age or older.
    Section 1307 For a person under 21 years of age to offer or present 
to a licensee or their employees, or to officers of employees of a 
Tohono Liquor Store, or to other persons a fraudulent or false 
certificate of birth or other written evidence of age which is not 
actually his own, or to otherwise misrepresent his age for the purpose 
of inducing such licensee, manager or employee or other person to sell, 
give, serve or furnish spirituous liquors contrary to law.
    Section 1308 To influence or attempt to influence the sale, giving 
or serving of spirituous liquor to a person under 21 years of age by 
misrepresenting the age of such person or to order, request, receive or 
procure spirituous liquor from any licensee, employee or other person 
for the purpose of selling, giving or serving it to a person under 21 
years of age.
    Section 1309 For an on-sale licensee to employ a person under the 
age of 21 years in any capacity connected with the handling of 
spirituous liquors.
    Section 1310 For a licensee or an employee of a Tohono O'odham 
Liquor Store, when engaged in waiting on or serving customers, to 
consume spirituous liquor or remain on or about the premises while in 
an intoxicated or disorderly condition.
    Section 1311 For an employee of a licensee or of a Tohono O'odham 
Liquor Store, during his working hours or in connection with his 
employment, to give or purchase for any other person, accept a gift of, 
purchase for himself or consume spirituous liquor.
    Section 1312 For licensee or an employee thereof, or for a Tohono 
O'odham Liquor Store (except as in this chapter otherwise provided), or 
for any other person to sell or offer to sell, directly or indirectly, 
or to sanction the sale on credit of spirituous liquor, or to give, 
lend or advance money or anything of value to any person for the 
purpose of purchasing or bartering for, spirituous liquor, except that 
sales of spirituous liquor consumed on the licensed premises may be 
included on bills rendered to registered guests in hotels and motels, 
and spirituous liquor sales for on-premises consumption only in 
connection with a served meal may be made a part of charges to patrons 
of bona fide restaurants whose credit is based upon standard bona fide 
credit cards.
    Section 1313 For a licensee or a Tohono O'odham Liquor Store, or an 
employee thereof, or for any person to serve, sell, or furnish 
spirituous liquor to an intoxicated or disorderly person, or for a 
licensee or a Tohono O'odham Liquor Store, or employee thereof, to 
allow or permit an intoxicated or disorderly person to come into or 
remain on or about his premises.
    Section 1314 For a licensee or a Tohono O'odham Liquor Store, or an 
employee thereof, to sell, dispose of, deliver, or give spirituous 
liquor to a person, or allow a person to consume spirituous liquors on 
his premises during hours polling places are open for voting on 
election days, or between the hours of 1:00 o'clock a.m. and 6:00 
o'clock a.m. on weekdays and 1:00 o'clock a.m. and 12:00 o'clock noon 
Sundays.
    Section 1315 For an off-sale retailer or a Tohono O'odham Liquor 
Store retailer to sell spirituous liquors except in the original 
container or to permit spirituous liquor to be consumed on the 
premises.
    Section 1316 For an on-sale retail licensee to employ a person for 
the purpose of soliciting the purchase of spirituous liquors by patrons 
of the establishment for themselves, on a percentage basis or 
otherwise. No licensee shall serve employees or allow a patron of the 
establishment to give spirituous liquor to, or to purchase liquor for 
or drink liquor with, any employee.
    Section 1317 For a person to consume spirituous liquor from a 
broken package in a public place, thoroughfare or gathering. This 
paragraph shall not apply to sale of spirituous liquors on the premises 
of and by an on-sale retail licensee. This paragraph shall also not 
apply to a person consuming beer from a broken package in a public 
recreation area, at a community feast house, park or meeting place 
pursuant to the customs of the community, or on private property with 
permission of the owner or lessor or on the walkways surrounding such 
private property.
    Section 1318 For a person to have in his possession or to transport 
spirituous liquor which is manufactured in a distillery, winery, 
brewery, or rectifying plant contrary to the laws of the United States.

ARTICLE IV--LIQUOR LICENSES AND CONTROL COMMISSION

Section 1401 Appointment of members; terms; payment

    There is created the liquor licenses and control commission which 
shall consist of three members appointed by the Legislative Council. Of 
the members first appointed, one shall be appointed for a term of three 
years, one for a term of two years, and one for a term of one year from 
the date of his appointment and until his successor shall have been 
appointed and qualified. Thereafter, all appointments shall be for 
terms of three years or until successors are appointed or qualified. No 
member of the commission, or any officer or employee of the commission 
shall be financially interested, directly or indirectly, in any 
business licensed to deal in spirituous liquor. The Legislative Council 
may remove any member of the commission for cause. The members of the 
commission shall appoint from among their membership a chairman and 
vice chairman, who shall serve at the pleasure of the commission. The 
majority of the commission shall constitute a quorum, but no decision 
of the commission on any matter shall be

[[Page 13020]]

valid unless made upon the concurrence of the majority of the members. 
Members of the commission shall be entitled to receive, upon 
presentation of proper vouchers, such per diem and mileage payments as 
the Legislative Council shall from time to time establish for its 
standing committees, boards and commissions.

Section 1402 General powers of commission

    The commission shall have the following powers and duties:
    (A) To buy, import or have in its possession for sale, and sell 
spirituous liquor in the manner set forth in this chapter.
    (B) To have control and supervision of the purchase, importation, 
transportation and sale of spirituous liquor in accordance with the 
provisions of this chapter, and to fix the wholesale and retail prices 
at which spirituous liquors are to be sold at Tohono O'odham Liquor 
Stores: Provided, that in fixing the sales prices, the commission shall 
not give any preference or make any discriminations as to classes, 
brands or otherwise, except where special sales are deemed necessary to 
remove unsaleable merchandise, or except where the addition of a 
service or handling charge to the fixed sales price of any merchandise 
in the same comparable price bracket, regardless of class, brand or 
otherwise is, in the opinion of the commission, required for the 
efficient operation of the Tohono O'odham store system.
    (C) To determine the villages in sanctioning Districts within which 
Tohono O'odham Liquor Stores shall be established and locations of the 
stores within such villages.
    (D) To grant, issue, suspend and revoke all licenses authorized to 
be issued under this chapter and the regulations of the commission.
    (E) By regulation to require on-sale retailers to engage and 
provide security guards where deemed necessary by the commission to 
enforce the provisions of this chapter.
    (F) To acquire, lease, furnish and equip such buildings, rooms or 
other accommodations as shall be required for the operation of this 
chapter.
    (G) To appoint, fix the compensation and define the powers and 
duties of such managers, officers, clerks and other employees as shall 
be required for the operation of this chapter.
    (H) To determine the nature, form and capacity of all packages and 
original containers to be used for containing spirituous liquor.
    (I) Without in any way limiting or being limited by the foregoing, 
to do all such things and perform all such acts as are deemed necessary 
or advisable for the purpose of carrying into effect the provisions of 
this chapter and the regulations made thereunder.
    (J) Issue administrative rulings in response to a written inquiry 
from licensees or applicants regarding the application of this chapter. 
The inquiries shall state with specificity the facts involved in the 
question. The rulings shall be determinative of subsequent treatment of 
the matter and may be relied upon by the licensee or applicant until a 
regulation related to the subject of the inquiry is adopted. Any ruling 
remains in effect until a regulation related to the subject of the 
inquiry is adopted.
    (K) From time to time, to make such regulations not inconsistent 
with this chapter as it may deem necessary for the efficient 
administration of this chapter. The commission shall cause such 
regulations to be published and disseminated throughout the Tohono 
O'odham Reservation in such manner as it shall deem necessary and 
advisable. Such regulations adopted by the commission shall have the 
same force as if they formed a part of this chapter.
    (L) To investigate, whenever any person complains, or when the 
commission is aware that there is reasonable grounds to believe that 
spirituous liquor is being sold on premises not licensed under the 
provisions of this chapter. If the investigation produces evidence of 
the unlawful sale of spirituous liquor or of any other violation of the 
provisions of this chapter, the commission shall cause the prosecution 
of the person or persons believed to have been liable for the unlawful 
acts.

Section 1403 Specific subjects on which commission may adopt 
regulations

    Subject to the provisions of this chapter and without limiting the 
general power conferred by the preceding section, the commission may 
make regulations regarding:
    (A) The equipment and management of Tohono O'odham Liquor Stores 
and warehouses in which spirituous liquor is kept or sold, and the 
books and records to be kept therein.
    (B) The duties and conduct of the officers and employees of the 
commission.
    (C) The purchase as provided in this chapter of spirituous liquor, 
and its supply to Tohono O'odham Liquor Stores.
    (D) The classes, varieties and brands of spirituous liquor to be 
kept and sold in Tohono O'odham Liquor Stores.
    (E) The issuing and distribution of price lists for the various 
classes, varieties or brands of spirituous liquor kept for sale by the 
commission under this chapter.
    (F) Forms to be used for the purposes of this chapter.
    (G) The issuance of licenses and the conduct, management, 
sanitation and equipment of licensed premises.
    (H) The place and manner of depositing the receipts of Tohono 
O'odham Liquor Stores and the transmission of balances to the Treasurer 
of the Tohono O'odham Nation.

ARTICLE V--TOHONO O'ODHAM LIQUOR STORES

Section 1501 Commission to establish Tohono O'odham Liquor Stores

    The commission shall establish, equip, operate and maintain, at 
such places throughout the Tohono O'odham Reservation as it shall deem 
essential and advisable, stores to be known as ``Tohono O'odham Liquor 
Stores'' and warehouses and other merchandising facilities for the sale 
of spirituous liquors in accordance with the provisions of regulations 
made under this chapter. A Tohono O'odham warehouse and wholesale store 
shall be located on the Tohono O'odham Reservation in a place 
designated by the commission. When the commission shall have determined 
upon the location of a liquor store in any village within a sanctioning 
District, it shall give notice of such location by posting such notice 
for a period of at least thirty days following its determination in a 
conspicuous place on the outside of the premises in which the proposed 
store is to operate or, in the event that a new structure is to be 
built, in a similarly visible location. The notice shall be in such 
form, of such size and containing such provisions as the commission may 
require by its regulations. If, prior to the last day of such posted 
notice, ten or more persons residing within a one-half mile radius from 
such location, or the Village Council of the village within which such 
store is to be located, shall file a protest with the District Council 
of the District averring that the location is objectionable because of 
its proximity to a church, a school, or to a private residence, the 
District Council shall forthwith hold a hearing affording an 
opportunity to the protestants and to the commission to present 
evidence. The District Council shall render its decision immediately 
upon the conclusions of

[[Page 13021]]

the testimony and from the decision there shall be no appeal. If the 
District Council shall determine that the proposed location is 
undesirable for the reasons set forth in the protest, the commission 
shall abandon it and find another location.
    The commission may acquire or lease any rooms, buildings, 
warehouses or other merchandising facilities, and may purchase 
equipment and appointments necessary to carry out the provisions of 
this chapter.

Section 1502 Selection of Personnel

    Officers and employees of the commission, except as herein 
provided, shall be appointed and employed in accordance with the 
employment practices and policies of the Tohono O'odham Nation.

Section 1503 Appointment of Superintendent and Managers of Tohono 
O'odham Liquor Stores

    The commission shall appoint a person who shall serve at the 
discretion of the commission; shall be the chief administrative officer 
of the commission and shall be known as the ``superintendent'' of 
liquor licenses and control. He shall be responsible for carrying out 
the administrative provisions of this chapter and of the regulations 
adopted by the commission under this chapter. Every Tohono O'odham 
Liquor Store and/or commission warehouse or merchandising facility 
shall be under the supervision of a person appointed by the commission 
who shall be known as the ``manager'' and who shall, under direction of 
the commission, be responsible for carrying out the provisions of this 
chapter and the regulations adopted by the commission under this 
chapter as far as they relate to the conduct of such store, warehouse 
or facility. The superintendent may act as manager of such store, 
warehouse and/or facility.

Section 1504 Sales by Tohono O'odham Liquor Stores

    (A) Every Tohono O'odham Liquor Store shall keep in stock for sale 
such classes, varieties and brands of spirituous liquors as the 
commission shall prescribe.
    (B) Every Tohono O'odham Liquor Store shall sell spirituous liquors 
to Tribal licensees, licensed under this chapter, at standard wholesale 
discount prices established by the commission. All other sales by such 
stores shall be at retail prices. No liquor shall be sold except for 
cash, except that the commission may by regulation authorize the 
acceptance of checks for liquor sold at wholesale. The commission shall 
have the power to designate certain stores for wholesale or retail 
exclusively.

Section 1505 Working Capital

    The net profits of the commission shall be general revenue of the 
Tohono O'odham Nation. The commission is authorized to keep and have on 
hand a stock of spirituous liquor for sale, the value of which, 
computed on less carload price quotations f.o.b. warehouse filed by 
spirituous liquor vendors, shall not at any time exceed the amount of 
working capital authorized. The maximum permanent working capital of 
the commission is established at $200,000.00 and permanent advances up 
to this amount may be authorized by the Chairman of the Legislative 
Council upon recommendation of the commission with the approval of the 
Treasurer of the Nation. At any time the total working capital exceeds 
the amount necessary to provide a turnover of stock approximately eight 
times annually, the Chairman, upon recommendation of the Treasurer of 
the Nation, may authorize the return of such excess to the general fund 
of the Tohono O'odham Nation.

Section 1506 Audits

    It shall be the duty of the Treasurer of the Nation to make or 
cause to be made such audits as may be necessary in connection with the 
administration of the financial affairs of the commission and the 
Tohono O'odham Liquor Stores operated and maintained by the commission.

Section 1507 Tribal Taxes

    Subject to the provision relating to wholesale sales contained in 
subsection (B) of Section 1504 above, the commission shall sell 
spirituous liquors at a price to be determined by the commission, which 
price shall include any luxury or transaction privilege or other taxes, 
levied and imposed by the Tohono O'odham Nation. All net revenue 
derived from such taxes shall be deposited to the credit of the general 
fund of the Tohono O'odham Nation.

ARTICLE VI--LICENSES AND REGULATIONS

Section 1601 Authority to issue liquor licenses

    Subject to the provisions of this chapter and regulations made 
thereunder, the commission shall have the authority to issue on-sale 
and off-sale retailers' licenses for any premises kept or operated by 
any person licensed to operate a general merchandise or retail store, a 
restaurant, bar, motel or hotel within a sanctioning District on the 
Tohono O'odham Reservation.

Section 1602 Application procedure

    Every applicant for a spirituous liquor license, or for the 
transfer of an existing license to himself or to another premises not 
then licensed, shall make application therefor on a form prescribed or 
furnished by the commission in duplicate, and shall file one copy with 
the commission and the other with the District Council of the 
sanctioning District where the applicant desires to do business. The 
applicant shall also post notice of his application (in such form, of 
such size and containing such provisions as the commission may require 
by its regulations) in a conspicuous place on the outside of the 
premises in which he proposes to do business, or, in the event that a 
new structure is to be built, in a similar visible location, with a 
statement requiring a person who is a resident of the age of nineteen 
years or more residing, owning or leasing property within a one-half 
radius from such location and who is opposed to such application, to 
file a written protest with the District Council within thirty (30) 
days after the date of posting. Proof of posting such notice shall be 
filed with the District Council and with the commission. The District 
Council shall then hold a hearing affording an opportunity to any 
protestants and the applicant to present evidence. The District Council 
shall render its decision and from this decision there shall be no 
appeal. If the District Council should recommend approval of the 
application, it shall file a copy of the Resolution certifying such 
approval with the commission and the commission shall set the 
application for hearing by the commission. The commission shall 
consider the application and any other facts relating to the 
qualifications of the applicant and shall approve or disapprove each 
application within one hundred and twenty (120) days after filing of 
the application.

Section 1603 Qualifications of spirituous liquor licensees

    (A) Every licensee shall, if required, have a valid Federal license 
to trade with Indians pursuant to Part 140, Title 25, Code of Federal 
Regulations.
    (B) No corporation shall receive or hold a license except through a 
designated agent who shall be a natural person. Upon the death, 
resignation or discharge of such agent, the license shall be assigned 
forthwith to another qualified agent selected by the corporation.

[[Page 13022]]

    (C) Every licensee, whether Indian or non-Indian, shall be subject 
to the civil jurisdiction of the Tohono O'odham Judicial Courts, and 
every non-Indian applicant for a license shall file his written consent 
to such jurisdiction with his application.
    (D) No person who holds, either by appointment or election, any 
public office which involves the duty to enforce any of the penal laws 
of the United States or of the Tohono O'odham Nation shall be issued a 
license, nor shall such person have any interest, directly or 
indirectly, in such license.
    (E) No license shall be issued to any person who, within one (1) 
year prior to application therefor, has violated any provision of a 
spirituous liquor license theretofore issued or has had a license 
revoked.

Section 1604 Application for licenses

    (A) Every applicant for a spirituous liquor license, or for the 
transfer of an existing license to himself or to another premises not 
then licensed shall file written application with the commission in 
such form and containing such information as the commission shall from 
time to time prescribe, which shall be accompanied by an application 
fee of fifty dollars ($50) and the prescribed license or transfer fee. 
Every such application shall contain a description of that part of the 
general merchandise or retail store, the restaurant, bar, motel or 
hotel for which the applicant desires a license and shall set forth 
such other material information, description or plan of that part of 
the store, restaurant, bar, motel or hotel where it is proposed to keep 
and sell liquor as may be required by the commission. No licensee shall 
alter or change the physical arrangement of the licensed premises so as 
to encompass greater space or the use of different or additional 
entrances, openings or accommodations than the space, entrance or 
entrances, openings or accommodations offered to the public at the time 
of issuance of licensee's license or a prior written approval of the 
licensed premises, without first having filed with the commission floor 
plans and diagrams completely disclosing the proposed physical 
alterations of the licensed premises and shall have secured the written 
approval thereof by the commission. This requirement shall apply to any 
person to person transfer of the licensed premises.
    (B) Each application shall be signed and verified by oath or 
affirmation by the owner, if a natural person, or, in the case of an 
association, by a member of partner thereof, or, in the case of a 
corporation, by its designated agent who shall hold the license for the 
corporation.
    (C) If the applicant is an association, the application shall set 
forth the names and addresses of the persons constituting the 
association, and of a corporation, the names and addresses of the 
principal officers and of the persons owning ten per cent (10%) or more 
of the corporation. Each application shall state whether the applicant 
or any of the foregoing persons were in the past five years convicted 
of a felony.
    (D) If any false statement is intentionally made in any part of the 
application, the applicant shall be deemed to be in violation of this 
chapter and shall be subject to the penalties provided in this chapter.

Section 1605 Licenses; contents; transfers

    (A) The licenses shall be to sell or deal in spirituous liquors 
only at the place and in the manner provided therein, and a separate 
license shall be issued for each specific business, each license 
specifying:
    (1) The particular spirituous liquors which the licensee is 
authorized to sell or deal in.
    (2) The place of business for which issued.
    (3) The purpose for which the liquors may be sold.
    (B) A spirituous liquor license shall be transferable as to any 
permitted location within the same sanctioning District, provided such 
transfer meets the requirements of an original application. A 
spirituous liquor license may be transferred to a person qualified to 
be a licensee, provided such transfer is pursuant to either a judicial 
decree, a bona fide sale of the entire business and stock in trade, or 
such bona fide transactions as may be provided by regulations of the 
commission and that such transfer meets the requirements of an original 
application. Any change in ownership of the business of a licensee, 
directly or indirectly, as defined by commission regulations, shall be 
deemed a transfer and shall comply with this section.
    (C) All applications for transfer pursuant to subsection (B) of 
this section shall be filed and determined in accordance with the 
provisions of section 1602 and 1604 of this Article.
    (D) No spirituous liquor license shall be assigned, transferred or 
sold, except as provided in this section. No spirituous liquor license 
shall be leased or subleased.
    (E) A license which is not used by the licensee for a period in 
excess of six (6) months shall expire, except that the commission may 
grant additional time if, in its judgment, the licensee is in good 
faith attempting to comply with this section.

Section 1606 Issuance of licenses; regulatory provisions; revocation

    (A) The commission shall issue a spirituous liquor license only 
after satisfactory showing of the capability, qualifications and 
reliability of the applicant, and that the public convenience required, 
and that the best interest of the community will be satisfactorily 
served by the issuance.
    (B) The commission may issue on-sale retailer licenses:
    (1) To any hotel or motel within a sanctioning District on the 
Tohono O'odham Reservation which has in conjunction therewith a bar or 
restaurant;
    (2) To any restaurant within a sanctioning District of the Tohono 
O'odham Reservation which is regularly open for serving meals to guests 
for compensation and has suitable kitchen facilities connected 
therewith for keeping, cooking and preparing foods required for 
ordinary meals; and
    (3) To any bar within a sanctioning District of the Tohono O'odham 
Reservation operated by responsible persons which is regularly open for 
serving spirituous liquors to guests for compensation and where no food 
is sold and no other business is carried on except the sale of 
cigarettes and tobacco products.
    The holder of an on-sale retailer license may sell and serve 
spirituous liquors in individual portions only for consumption on the 
licensed premises, and he may sell such liquors in original containers 
for consumption both on or off the licensed premises.
    The holder of an on-sale retailer license may not sell or deal in 
spirituous liquors unless he has complied with the regulations of the 
commission requiring such licensee to provide security guards duly 
approved by the commission as being of good moral character and 
commissioned to enforce the provisions of this chapter on or about the 
licensed premises.
    (C) The commission may issue off-sale retailer licenses to any 
general merchandise or retail store within a sanctioning District of 
the Tohono O'odham Reservation operated by responsible persons which is 
regularly open for selling groceries and commodities other than 
spirituous liquors to customers for compensation.
    The holder of an off-sale retailer license may sell spirituous 
liquors only in the original package to be taken away from the licensed 
premises and to be consumed off of the premises.

[[Page 13023]]

    (D) In addition to other grounds prescribed in this chapter upon 
which a license may be revoked, the commission may revoke a license in 
any case where in its judgment the licensee ceased to operate a hotel, 
motel, restaurant, bar or general merchandise or retail store, as 
prescribed in subsections (B) and (C) of this section.

Section 1607 Licensing premises near school building or church

    Unless written approval is first obtained from the governing body 
of a school or church, no spirituous liquor license shall be issued for 
any building whose exterior walls are within three hundred horizontal 
feet of a school or church building in which classes or services are 
regularly conducted.

Section 1608 License fees

    (A) A fee shall accompany an application for an original license or 
transfer of a license, or in case of renewal, shall be paid in advance. 
Every license shall expire on December 30 of each year. An application 
fee for an original license or the transfer of a license shall be fifty 
($50) dollars, which shall be retained by the commission.
    (B) Issuance fees for original licenses shall be:
    (1) On-sale retailer's license to sell all spirituous liquor by 
individual portions and in original containers--Seven hundred fifty 
dollars ($750).
    (2) On-sale retailer's license to sell wine and beer by individual 
portions and in the original containers--One hundred dollars ($100).
    (3) On-sale retailer's license to sell beer by individual portions 
and in original containers--One hundred dollars ($100).
    (4) Off-sale retailer's license to sell all spirituous liquors--
Five hundred dollars ($500).
    (5) Off-sale retailer's license to sell wine and beer--One hundred 
fifty dollars ($150).
    (6) Off-sale retailer's license to sell beer--One hundred dollars 
($100).
    (C) If a license is issued on or after July 1 in any year, one-half 
of the annual license fee shall be charged.
    (D) The annual fees for licenses shall be:
    (1) On-sale retailer's license to sell all spirituous liquors by 
individual portions and in original containers--One hundred fifty 
dollars ($150).
    (2) One-sale retailer's license to sell wine and beer by individual 
portions and in original containers--Seventy five dollars ($75).
    (3) On-sale retailer's license to sell beer by individual portions 
and in original containers--Twenty five dollars ($25).
    (4) Off-sale retailer's license to sell all spirituous liquors--
Fifty dollars ($50).
    (5) Off-sale retailer's license to sell wine and beer--Fifty 
dollars ($50).
    (6) Off-sale retailer's license to sell beer--Twenty-five dollars 
($25).
    (E) Transfer fees from person to person and from place to place for 
licenses transferred pursuant to subsection (B) of Section 1605 shall 
be one-half of the fees prescribed in subsection (B) above.

Section 1609 Revocation or suspension of license

    (A) The commission may suspend or revoke any license issued 
hereunder for cause and upon a hearing, with notice mailed to the 
licensee by registered mail at least ten (10) days prior to such 
hearing. Cause shall mean the failure to pay prescribed license fees 
and taxes as they become due; the failure of an on-sale retailer 
licensee to provide a security officer to enforce the provisions of 
this chapter on or about the licensed premises as prescribed is 
subsection (B) of Section 1606; the transfer or attempted transfer of 
the license without the prior written approval of the commission; the 
violation or non-compliance with any provision of this chapter or of 
the regulations enacted thereunder.
    (B) Any decision of the commission in any matter shall be final, 
unless any person aggrieved, or a village or District Council, within 
thirty (30) days after receiving notice of the decision of the 
commission, appeals to the Legislative Council. The Legislative Council 
may affirm the decision of the commission, remand the matter for 
further proceedings before the commission or reverse or modify the 
decision if it finds that the objection of the person aggrieved is well 
taken. The decision of the Legislative Council on all matters shall be 
final.

ARTICLE VII--EXEMPTIONS; VIOLATIONS; PENALTIES; JURISDICTION

Section 1701 Exemptions

    (A) The provisions of this chapter shall not apply to drug stores 
or hospitals within sanctioning Districts selling or dispensing 
spirituous liquors upon prescription; to the production, consumption, 
sale, furnishing or possession of spirituous liquors within sanctioning 
Districts for scientific, sacramental, religious, medicinal or 
mechanical purposes; or to the production, consumption, sale, 
furnishing or possession within sanctioning Districts of wine produced 
according to Tribal custom from the fermentation of the fruit of the 
saguaro, cereus giganteus.
    (B) The provisions of Article III, Sections 1302, 1304, 1305, 1306, 
1309, 1311, 1312, and 1314 of this chapter shall not apply to the 
Tohono O'odham Gaming Enterprise with respect to its sale of spirituous 
liquors in the original container and individual portions for 
consumption on the premises of facilities operated by the Gaming 
Enterprise within a sanctioning District. If the Gaming Enterprise 
sells spirituous liquors, it shall do so in conformity with the laws of 
the State of Arizona applicable to any State-issued license held by the 
Gaming Enterprise.

Section 1702 Violations

    (A) Any person who violates any provision of Article III of this 
chapter shall be guilty of a criminal offense punishable by a fine of 
not more than five hundred dollars ($500), or by imprisonment in the 
Tribal jail for not more than six (6) months, or both.
    (B) Any person who violates any other provision of this chapter, or 
any lawful regulation or ruling of the commission made pursuant 
thereto, shall be liable for a civil penalty of not more than five 
hundred dollars ($500), plus court costs, per violation.
    (C) Any licensee violating any provision of this chapter may, in 
addition to the penalties prescribed in subsection (A) and (B) above 
and to the penalties prescribed by the federal Indian liquor laws, 18 
U.S.C. 1154 and 1156, have his license suspended by the commission.

Section 1703 Jurisdiction

    The Tohono O'odham Judicial Courts shall have jurisdiction over all 
violations of this chapter and may, in addition to the penalties 
prescribed in Section 1702 above, grant such other relief as is 
necessary and proper for the enforcement of this chapter, including but 
not limited to injunctive relief against acts in violation of this 
chapter. Nothing, however, in this chapter shall be construed to 
authorize or require the criminal trial and punishment of non-Indians 
except to the extent allowed by any applicable present or future Act of 
Congress or any applicable federal court decision.

ARTICLE VIII--CONTRABAND; SEIZURE; FORFEITURE

Section 1801 Seizure

    All spirituous liquors within the exterior boundaries of the Tohono 
O'odham Reservation held, owned, or possessed by any person or licensee

[[Page 13024]]

operating in violation of the provisions of this chapter, or of any 
regulations made thereunder, or of any other law of the Tohono O'odham 
Nation relating to the manufacture, introduction, sale, possession and 
consumption of spirituous liquors are hereby declared to be contraband 
and subject to forfeiture to the Nation. Upon presentation of a sworn 
affidavit the Judge of the Tohono O'odham Judicial Court shall issue an 
order directing the Tohono O'odham Police to seize contraband liquor 
within this Reservation and deliver it to the commission. A copy of the 
court order shall be delivered to the person from whom the property was 
seized or shall be posted at the place where the property was seized.

Section 1802 Hearing

    Within three weeks following the seizure of the contraband a 
hearing shall be held in the Tohono O'odham Judicial Court, at which 
time the person from whom the property was seized shall be given an 
opportunity to present evidence in defense of his or her activities.

Section 1803 Notice of Hearing

    Notice of the hearing of at least ten (10) days shall be given to 
the person from whom the property was seized if known. If the person is 
unknown, notice of the hearing shall be posted at the place where the 
contraband was seized and at such other public places on the 
Reservation as may be directed by the Judge. The notice shall describe 
the property seized, and the time, place and cause of seizure and give 
the name and place of residence, if known, of the person from whom the 
property was seized.

Section 1804 Judgment of Forfeiture--Disposition of Proceeds of 
Property

    If upon the hearing the evidence warrants, or if no person appears 
as claimant, the Tohono O'odham Judicial Court shall thereupon enter a 
judgment of forfeiture, and order such articles sold or destroyed 
forthwith, and the proceeds of any sale shall become general revenue of 
the Tohono O'odham Nation.

ARTICLE IX--NUISANCE; ABATEMENT

Section 1901 Declaration of Nuisance

    Any room, house, building, vehicle, structure, or other place where 
spirituous liquor is sold, manufactured, given away, furnished, or 
otherwise disposed of in violation of the provisions of this chapter or 
any regulations made thereunder, or of any other law of the Tohono 
O'odham Nation relating to the manufacture, introduction, sale, 
possession and consumption of spirituous liquor, and all property kept 
in and used in maintaining such place, are hereby declared to be a 
public nuisance.

Section 1902 Abatement of Nuisance

    The commission shall institute and maintain an action in the Tohono 
O'odham Judicial Courts in the name of the Nation to abate and 
perpetually enjoin any nuisance declared under this chapter. The 
plaintiff shall not be required to give bond in this action. 
Restraining orders, temporary injunctions, and permanent injunctions 
may be granted in the cause as in other injunction proceedings, and 
upon final judgment against the defendant, the Court may also order the 
room, house, building, vehicle, structure, or place closed for a period 
of up to one (1) year or until the owner, lessee, tenant or occupant 
thereof shall give bond of sufficient surety to be approved by the 
Court in the sum of not less than One Thousand Dollars ($1,000.00), 
payable to the Nation and conditioned that spirituous liquor will not 
be thereafter manufactured, kept, sold, given away, furnished, or 
otherwise disposed of in violation of the provisions of this chapter or 
any other applicable Tribal law. If any condition of the bond be 
violated, the whole amount may be recovered as a penalty for the use of 
the Nation. Any action taken under this section shall be in addition to 
any other penalties provided in this chapter.

ARTICLE X--CONFLICTING CHAPTERS; AMENDMENTS

Section 11001 Conflicting Ordinances and Resolutions

    All resolutions and ordinances of the Tohono O'odham Nation, 
including but not restricted to Section 18, Chapter 5 of the Law and 
Order Code of the Papago Tribe, heretofore enacted prohibiting the 
sale, introduction, possession or consumption of spirituous liquors on 
or within the exterior boundaries of the Tohono O'odham Reservation 
shall have no further legal force or effect within the exterior 
boundaries of sanctioning Districts, but shall have full force and 
effect on or within the exterior boundaries of the Districts which have 
not sanctioned the introduction, sale, possession and consumption of 
spirituous liquor in accordance with the provisions of Section 1104 of 
Article I of this chapter.

Section 11002 Amendments

    This chapter may hereby be amended by resolution of the Tohono 
O'odham Legislative Council approved by the Secretary of the Interior 
or his authorized representative.

[FR Doc. 2015-05695 Filed 3-11-15; 8:45 am]
 BILLING CODE 4310-4J-P