25516 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices

any CITES export permit, the Service

must be able to determine that the

specimens to be exported were legally

acquired, that the export would not be

detrimental to the species, and that live

specimens will be prepared and shipped

in a humane manner. To ensure that the

Service carries out these responsibilities

in a consistent manner, the Service will

consider the issuance of permits for the

export of live American alligators

(Alligator mississippiensis) in the

following context:

1. Applications for export permits for

scientific research should include:

a. Formal research protocol with

timetable;

b. Qualifications of the scientific

personnel conducting the proposed

research;

c. Description of the facilities where

the specimens will be housed and

precautions that will be taken to prevent

escape; and

d. Plans for disposition of the

alligators and any progeny upon

completion of the research project.

2. Applications for export permits for

zoological display should include:

a. A description of the receiving

facility including the housing planned

or in existence for the requested

alligators and measures to be taken to

prevent escape; and

b. Plans for disposition of the

alligators and any progeny should the

facility close or become overcrowded.

3. Applications for export permits for

captive breeding or resale will not be

accepted.

If adopted, this proposed policy

would remain in place until further

notice. If substantial new biological

information is received, the basis for

these findings would be reviewed.

Dated: May 1, 1998.

Jamie Rappaport Clark,

Director.

[FR Doc. 98–12292 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Salt River Pima-Maricopa Indian

Community Alcoholic Beverage

Control Ordinance

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

SUMMARY: This Notice is published in

accordance with authority delegated by

the Secretary of the Interior to the

Assistant Secretary—Indian Affairs by

209 DM 8, and in accordance with the

Act of August 15, 1953, 67 Stat. 586, 18

U.S.C. § 1161. I certify that amendment

of the Salt River Pima-Maricopa Indian

Community Alcoholic Beverage Control

Ordinance, Resolution No. SR–1797–98,

was duly adopted and certified by the

Salt River Pima-Maricopa Indian

Community Council on February 18,

1998. This Ordinance amends an earlier

ordinance published in Volume 38 of

the Federal Register at page 3416. This

Ordinance provides for the regulation of

the sale, possession and consumption of

liquor within the Salt River PimaMaricopa Indian Community, under the

jurisdiction of the Salt River PimaMaricopa Indian Community and is in

conformity with the laws of the State of

Arizona.

DATES: This Ordinance is effective May

8, 1998.

FOR FURTHER INFORMATION CONTACT:

Bettie Rushing, Division of Tribal

Government Services, 1849 C Street

NW, MS 4603-MIB, Washington, D.C.

20240–4001; telephone (202) 208–3463.

SUPPLEMENTARY INFORMATION: The Tribal

Liquor Ordinance for the Salt River

Pima-Maricopa Indian Community is to

read as follows:

Salt River Pima-Maricopa Indian

Community Alcoholic Beverage Control

Ordinance

1. Preamble

(a) Title. This Ordinance shall be

known as the Salt River Pima-Maricopa

Indian Community Alcoholic Beverage

Control Ordinance.

(b) Authority. This Ordinance is

enacted pursuant to the Act of August

15, 1953. (Pub. L. 83–277, 67 Stat. 588,

18 U.S.C. § 1161) and Article VII of the

Salt River Pima-Maricopa Indian

Community Constitution.

(c) Purpose. The purpose of this

Ordinance is to regulate and control the

possession, consumption, and sale of

liquor on the Salt River Pima-Maricopa

Indian Community. The enactment of an

ordinance governing liquor possession

and sale on the reservation will increase

the ability of the Community

government to control reservation liquor

distribution and possession, and at the

same time will provide an important

source of revenue for the continued

operation and strengthening of the

Community government and the

delivery of Community government

services.

(d) Application of 18 U.S.C. § 1161.

All acts and transactions under this

Ordinance shall be in conformity with

this Ordinance and in conformity with

the laws of the State of Arizona as that

term is used in 18 U.S.C. § 1161.

(e) Effective Date. This Ordinance

shall be effective upon the date of its

publication in the Federal Register.

2. Definitions

In this ordinance unless the context

otherwise requires:

(a) Alcoholic Beverages means beer,

wine or other spirituous liquor.

(b) Community means the Salt River

Pima-Maricopa Indian Community.

(c) License means a license issued

pursuant to the provisions of this

ordinance.

(d) Licensed Premises or Premises

means a place from which a licensee is

authorized to sell alcoholic beverages

under the provisions of this ordinance.

(e) Licensee means a person who has

been authorized to sell alcoholic

beverages for consumption at a

particular premise by the Salt River

Pima-Maricopa Indian Community.

(f) Person means a natural person or

a corporation duly chartered by a

jurisdiction within the United States.

(g) Private Residence means a place

where an individual or a family

maintains a habitation.

(h) Public Place means any place not

a private residence and not licensed for

the possession of alcoholic beverages.

(i) Sell, Sold, Buy shall include

furnish, dispose of, give, receive or

acquire.

3. Unlawful Acts

(a) It shall be unlawful for any person

to deal with alcoholic beverages in any

manner not allowed by this Ordinance

or the regulations adopted under this

Ordinance.

(b) It shall be unlawful for a licensee

or other person to give, sell or cause to

be sold or otherwise distribute alcoholic

beverages to a person under the age of

21 years.

(c) It shall be unlawful to employ a

person under the age of 21 years in any

capacity connected with the handling of

alcoholic beverages.

(d) It shall be unlawful for a person

under the age of 21 years to buy,

possess, or consume alcoholic

beverages.

(e) It shall be unlawful for a licensee

or an employee of a licensee to consume

alcoholic beverages on or about the

licensed premises during such periods

such person is working at the licensed

premises.

(f) It shall be unlawful for a licensee

or any other person to sell alcoholic

beverages to an intoxicated or disorderly

person, or for a licensee or employee of

a licensee to allow or permit an

intoxicated or disorderly person to

remain on the premises.

(g) It shall be unlawful for a licensee

to sell alcoholic beverages in any
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices 25517

manner not provided for by this

ordinance or the licensee’s license.

4. Lawful Commerce With Alcoholic

Beverages

(a) Alcoholic beverages may be

possessed and consumed only at private

residences and licensed premises, and

may be transported in unbroken

containers to such places.

(b) Alcoholic beverages may be sold at

licensed premises only under the

conditions under which the license is

issued.

(c) The Community may from time to

time issue licenses for the sale of

alcoholic beverages subject to the

provisions of this ordinance and the

regulations adopted pursuant to this

Ordinance.

5. Issuance of License, Regulation,

Revocation, Fees, Hearings

(a) The Office of Alcohol Beverage

Control (‘‘Office’’) is hereby established.

The director of the Office will be the

Alcohol Beverage Hearing Officer who

will be responsible to the Community

Manager and whose duties may be

delegated from time to time to assistant

hearing officers or other employees of

the Office. All of the positions of the

Office will be filled and will be

conducted in accordance with the

Community’s established policies and

procedures.

(b) Regulations—The Director of the

Office shall propose for adoption by the

Salt River Pima-Maricopa Indian

Community Council regulations for the

purpose of carrying out the provisions

of this ordinance. Such regulations

shall:

(1) Establish a procedure for

application for license through the

Office provision for public hearings

before final decision by the Alcohol

Beverage Hearing Officer;

(2) Provide uniform standards of

qualification for licensees;

(3) Determine the information

required to be supplied by applicants

for license, and for the verification of

such information. Applicants shall

include in the case of a corporation, all

shareholders of more than 5% of the

corporate stock and all officers and

directors of the corporation; and in the

case of a partnership, all of the partners;

(4) Establish the fee for an

application, renewal application and

annual license provided that no such fee

shall in the first year of this ordinance

exceed $1,500.00 or increase more than

5% per annum thereafter;

(5) Establish hours within which

premises may be open;

(6) Establish standards for operation

of licensed premises and for the audit of

records to be supplied to the

Community;

(7) Establish classes of licenses for the

sale of (i) all alcoholic beverages, (ii)

only beer, (iii) only wine, or (iv) only

beer and wine;

(8) Establish a procedure for

revocation and suspension of licenses

which will be administered by the

Alcohol Beverage Hearing Officer.

(c) Beverage restrictions—Licenses

may only be issued for premises

operated under the following

classifications as defined herein; and

such licenses may be restricted to the

sale of (i) all alcoholic beverages, (ii)

only beer, (iii) only wine, or (iv) only

beer and wine.

(d) Designated area—Licenses may be

issued for premises located only on land

described on the Designated Area Map

attached to this ordinance and filed in

the official records of the Community in

the Office of the Secretary. Additional

land may be described as within the

‘‘Designated Area’’ by the enactment by

the Community Council of an ordinance

amending the Designated Area Map.

(e) Premises which may be licensed—

Licenses may only be issued for

premises as defined in this subsection

(e) or its subparagraphs.

(1) Hotel-Motel License

(i) The Alcohol Beverage Hearing

Officer may issue a hotel-motel license

to any hotel or motel that would qualify

for a restaurant license under the terms

of a restaurant license and/or for the

operation of one or more bars in such

hotel or motel provided that the

applicant is otherwise qualified to hold

a license.

(ii) The holder of a hotel-motel license

is authorized to sell and serve alcoholic

beverages solely for consumption on the

licensed premises. For the purpose of

this section ‘‘Licensed Premises’’ shall

include all public bar rooms, public

restaurant rooms and, private banquet

rooms supplied by the hotel-motel

restaurant.

(iii) Restaurant’’ means an establishment

which derives at least forty percent

(40%) of its gross revenue from the sale

of food.

(2) Casino License

(i) The Alcohol Beverage Hearing

Officer may issue a casino license to any

casino authorized to operate as a casino

by the Community.

(ii) The holder of a casino license is

authorized to sell and serve alcoholic

beverages solely for consumption on the

licensed premises. For the purpose of

this section ‘‘licensed premises’’ shall

include all public bar rooms, gaming

areas, private banquet or meeting rooms

and restaurants and other food service

facilities.

(3) Golf Course Club House License

(i) The Alcohol Beverage Hearing

Officer may issue a Golf Course Club

House license to any Golf Course Club

House.

(ii) The holder of a Golf Course Club

House license is authorized to sell and

serve alcoholic beverages solely for

consumption on the licensed premises

and only to patrons of the Golf Course

Facility. For the purpose of this section

‘‘licensed premises’’ shall include all

restaurant, bar and lounge facilities

within the Golf Course Club House. For

purposes of this section, a ‘‘Golf Course

Club House’’ means a Club House

located on a golf course.

(f) Issuance of Licenses, Hearings

(1) Licenses will be issued by the

Director of the Office of Alcohol

Beverage Control after a hearing and

upon a determination by the Alcohol

Beverage Hearing Officer that there has

been a satisfactory showing of the

capability, qualifications and reliability

of the Applicant, and in the case of a

corporation, its principal stockholders,

offices and directors, and of a

partnership, its partners, and that the

public convenience requires and the

best interests of the Community will be

substantially served by the issuance of

the license. The Salt River PimaMaricopa Indian Community Police

Department shall, at the request of the

President of the Community and for the

purposes of this subparagraph, do a

criminal history background check

qualification on any applicant for a

license under this ordinance.

(2) The Alcohol Beverage Hearing

Officer shall determine after a hearing

has been held whether and under what

conditions a license shall be issued. The

hearing shall be announced by notice in

the Community newspaper. Notice shall

be given no less than l0 days prior to

such hearing. The hearing shall be

conducted by the Alcohol Beverage

Hearing Officer in an informal manner

with rules adopted pursuant to this

ordinance calculated to assure full

disclosure of all relevant information.

Professional attorneys shall not be

permitted to represent parties at any

such hearing or hearings on appeal. The

Alcohol Beverage Hearing Officer shall

hear all relevant issues and within 5

days after the hearing is concluded shall

issue a written decision. The decision

will contain the findings of fact relied

on by the Alcohol Beverage Hearing

Officer for the decision as well as the

decision. The findings of fact and
25518 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Notices

decision shall be filed with the Clerk of

the Salt River Pima-Maricopa Indian

Community Court and distributed

within two (2) days after such filing to

the applicant, any other person who

files a notice of appearance with the

Alcohol Beverage Hearing Officer before

the hearing is adjourned, and the

Secretary of the Salt River PimaMaricopa Indian Community.

(3) A decision of the Alcohol Beverage

Hearing Officer under Section 5(f)(1)

and (2) and 5(g) may be appealed to the

Salt River Pima-Maricopa Indian

Community Court by the applicant, the

Community, or any Community member

who has filed a notice of appearance.

(4) Appeals shall be taken from any

decision of the Alcohol Beverage

Hearing Officer in the following

manner:

(i) Notice of appeal. Written notice of

appeal shall be given within ten (10)

days after the day the written and

executed decision is filed with the Clerk

of the Salt River Pima-Maricopa Indian

Community Court. The notice of appeal

shall state all the grounds for appeal

relied on by the appellant. The notice of

appeal shall not be amended once it is

filed. The appellee may file a short

written response to the grounds for

appeal within ten (10) days after the

notice of appeal is filed. The notice of

appeal and response shall be mailed to

the opposing party on the day it is filed.

If the appellant is the applicant for the

license, the appellee shall in all cases be

the Alcohol Beverage Hearing Officer. If

the appellant is a person who filed a

notice of appearance or the Community,

the appellee shall in all cases be the

applicant. In the event there is more

than one Notice of Appeal filed, the

appeals shall be consolidated by the

Clerk and only one response shall be

filed to the consolidated appeals.

(ii) Costs. There shall be posted with

the Clerk of the Salt River PimaMaricopa Indian Community Court a

cash fee of $25.00 to cover court costs.

(iii) Grounds for appeal. The court

shall determine the appeal upon the

findings of fact and decision entered in

the case by the Alcohol Beverage

Hearing Officer.

(iv) Findings of fact. The findings of

fact shall be presumed to be without

reversible error. The presumption may

be overcome by a sworn written

statement presented to the court at the

time of the filing of the notice of appeal

which establishes on the basis of the

statement, any one or more of the

following grounds:

(A) That a witness ready and willing

to testify at the time of the hearing on

behalf of the appellant was not allowed

by the Alcohol Beverage Hearing Officer

to take the witness stand and testify,

and such testimony would have

materially altered the decision of the

Alcohol Beverage Hearing Officer.

(B) That the Alcohol Beverage Hearing

Officer refused to admit documentary or

other physical evidence, and such

evidence would have materially altered

the decision of the Alcohol Beverage

Hearing Officer.

(C) That after the hearing the

appellant discovered material evidence

which, with reasonable diligence, could

not have been discovered and produced

at the hearing, and such evidence would

have materially altered the decision of

the Alcohol Beverage Hearing Officer. In

the event the court finds the

presumption is overcome pursuant to

this subsection, the court shall remand

the case back to the Alcohol Beverage

Hearing Officer for the limited purpose

of hearing only the excluded or new

evidence and any evidence presented in

rebuttal to such evidence. The hearing

will be held within ten (10) days after

the order of the court has been filed and

served upon the appellants and

appellee. At the conclusion of such

remand hearing, the Alcohol Beverage

Hearing Officer shall, within ten (l0)

days of the hearing, make and enter

such amended findings of fact and

decision as the Alcohol Beverage

Hearing Officer determines that the

evidence adduced at the remand hearing

requires. If the Alcohol Beverage

Hearing Officer determines that the

prior findings of fact requires no

amendment, the Alcohol Beverage

Hearing Officer will issue a decision

reaffirming its prior findings of fact and

decision. The findings of fact and

decision will be transmitted to the court

and such findings of fact and decision

will not be subject to a separate appeal.

(v) Decision. The court shall

determine whether the decision is

supported by the findings of fact and the

law. Any party to the case may request

an opportunity to appear before the

court prior to its decision to give the

court such party’s view of the case. The

other party or parties shall be given

adequate notice of the hearing and an

opportunity to present such party’s or

parties’ view of the case. Such views

shall be presented orally by the parties

or their advocates and shall only deal

with the grounds relied on by the

appellant as set out in the notice of

appeal. The hearing shall be limited to

one hour and the time will be equally

divided between the appellant and the

appellee. If the court finds that the

decision is incorrect, it shall issue a new

decision correctly stating the decision.

Such decision shall be final and not

subject to rehearing, review or appeal.

(5) Records of application, permit and

proceedings. A complete record of all

applications, actions taken thereon, and

any licenses issued shall be maintained

by the Community and shall be open for

public inspection at the Office of

Alcohol Beverage Control.

(g) Licenses shall be issued for a

period of one year and are renewable on

application to the Office of Alcohol

Beverage Control which will renew on

payment of renewal application fee and

annual license fee.

(h) Licenses issued under this

ordinance are non-transferable without

the prior approval of the Alcohol

Beverage Hearing Officer after the

application process has been completed.

(i) The Office of Alcohol Beverage

Control, the Department of Public Safety

or the Community Manager may cite a

licensee to appear before the Alcohol

Beverage Hearing Officer for a

revocation hearing upon allegations of

violations under Section 2 hereof.

(j) Any license issued pursuant to this

ordinance may be revoked or suspended

after a hearing before the Alcohol

Beverage Hearing Officer upon a finding

that the licensee is operating the

premises in violation of this ordinance

or the regulations adopted pursuant to

it, or the laws of the Community or that

the license would not have been

originally issued had the facts in

evidence at the time of any revocation

hearing been known at the time of the

application for a license.

6. Scope of Ordinance

Except for Article I and III of Chapter

l4 of the Code of Ordinances of the Salt

River Pima-Maricopa Indian

Community, this Ordinance constitutes

the entire law of the Community in

regard to the sale and/or distribution of

alcoholic beverages within the

Community.

7. Repeal of Ordinance

Article II of Chapter l4 of the Code of

Ordinances of the Community is

repealed.

Dated: April 28, 1998.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 98–12278 Filed 5–7–98; 8:45 am]

BILLING CODE 4310–02–j

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Indian Gaming

AGENCY: Bureau of Indian Affairs,

Interior.