13456 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

There is hereby appropriated to the 

uses and purposes of said Commission 

from the tribal funds the sum of 

$15,000. 

Section 8. Powers of the Commission 

The Commission hereby empowered 

to establish and operate a Tulalip Liquor 

Store within the exterior boundaries of 

the Tulalip Indian Reservation upon 

tribal property, not otherwise, and to 

operate the same and sell liquor thereat 

for such price as it shall from time to 

time fix and determine. 

Section 9. Excise Tax Levy 

There is hereby levied and shall be 

collected an excise tax upon each sale 

of liquor, except beer and wine, in 

whatever package or container, or 

whether at wholesale or retail, of three 

(3) cents per fluid ounce or fraction 

thereof contained in such package 

container. 

Section 10. Tax on Retail Sale 

There is hereby levied and shall be 

collected a tax upon each retail sale of 

wine and beer in the original package at 

a rate equal to five percent (5%) of the 

selling price, which tax shall be paid by 

the buyer to the seller who shall collect 

the same and hold it in trust for 

payment to the Tulalip Liquor 

Commission in the same manner and at 

the same time the seller would be 

required to pay Washington State Retail 

Sales Tax pursuant to RECW 82.08.150 

to the State of Washington if such tax 

were applicable, but regardless of 

whether or not such State tax is 

applicable. All records and tax returns 

required to be kept by seller by the State 

of Washington as if such State tax were 

applicable, shall be kept by the seller 

and made available for inspection. Such 

shall be prima facie proof of the amount 

of tax due and collectable; that the 

provisions of this paragraph requiring 

records, tax returns and payment of tax 

to the Commission shall not be 

applicable to sales made by the 

Commission. 

Section 11. Tax Remit 

The Commission shall remit to the 

Treasurer of the Tulalip Tribe on the 

twenty-fifth (25) day of every month to 

be deposited in the tribal treasury all 

moneys collected by it in the preceding 

month by reason of the levy of excise 

tax. Said tax shall be added to the sale 

price of liquor sold and be collected 

from the purchaser thereof the 

Commission shall also regularly remit 

for similar deposit to said Treasurer all 

retail sales taxes collected by it upon 

sales of beer and wine. 

Section 12. Conformity With the State 

Law 

Nothing herein contained shall be 

construed to supersede the substantive 

laws of the State of Washington effective 

within the exterior boundaries of the 

Tulalip Indian Reservation and, where 

not inconsistent herewith, the 

substantive standards of the criminal 

laws of the State of Washington 

regarding sale, consumption and use of 

liquor shall apply. 

Section 13. Severability and 

Construction 

If any clause, part, or section of this 

act shall be adjudged invalid, such 

judgment shall not affect nor invalidate 

the remainder of the act, but shall be 

confined in its operation to the clause, 

part or section directly involved in the 

controversy in which such judgment 

was rendered. If the operation of any 

clause, part or section of this act shall 

be held to impair the operation of 

contract, or to deny to any person any 

right or protection secured to him by the 

Constitution of the United States of 

America, or by the Constitution of the 

State of Washington it is hereby 

declared that, had the invalidity of such 

clause, part or section been considered 

at the time of the enactment of the act, 

the remainder of the act would 

nevertheless have been adopted without 

such and any and all such invalid 

clauses, parts or sections. 

Section 14. Effective Date 

This Ordinance shall be and become 

effective after thirty (30) days of 

publication by the United States 

Department of the Interior’s certification 

in the Federal Register. 

Section 15. Sovereign Immunity 

Nothing in this Ordinance shall be 

construed as a waiver or limitation of 

the sovereign immunity of the Tulalip 

Tribes, except as its sovereign immunity 

has been waived by the Tulalip Tribes’ 

Tort Claims Ordinance #122. 

[FR Doc. E9–6851 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Fort Sill Apache Tribe Alcohol Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes Fort Sill 

Apache Tribe Alcohol Control 

Ordinance. The Ordinance regulates and 

controls the possession, sale, and 

consumption of liquor within the tribal 

lands. The tribal lands are located in 

Indian country and this Ordinance 

allows for possession and sale of 

alcoholic beverages within their 

boundaries. This Ordinance will 

increase the ability of the tribal 

government to control the community’s 

liquor distribution and possession, and 

at the same time will provide an 

important source of revenue for the 

continued operation and strengthening 

of the tribal government and the 

delivery of tribal services. 

DATES: Effective Date: This Ordinance is 

effective on March 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Chaney, Tribal Government 

Services Officer, Southern Plains 

Regional Office, WCD Office Complex, 

PO Box 368, Anadarko, OK 73005, 

Telephone: (405) 247–1537, Fax (405) 

247–9240; or Elizabeth Colliflower, 

Office of Indian Services, 1849 C Street 

NW., Mail Stop 4513–MIB, Washington, 

DC 20240, Telephone: (202) 513–7627. 

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 Fort Sill Apache Tribe of Oklahoma 

Tribal Business Committee adopted its 

Alcohol Control Ordinance by 

Resolution No. FSABC–2008–2–A on 

August 21, 2007. This liquor control 

ordinance amends the first alcohol 

control ordinance published in the 

Federal Register for the Tribe. The 

purpose of this Ordinance is to govern 

the sale, possession, and distribution of 

alcohol within tribal lands of the Tribe. 

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 this Alcohol Control 

Ordinance of the Fort Sill Apache Tribe 

of Oklahoma was duly adopted by the 

Business Committee on August 21, 

2007. 

Dated: March 17, 2009. 

George Skibine, 

Deputy Assistant Secretary, for Policy and 

Economic Development. 

The Fort Sill Apache Tribe Alcohol 

Control Ordinance reads as follows: 

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Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 13457 

Article I—Introduction 

Section 3–8–010. Title 

This Ordinance shall be known as the 

‘‘Fort Sill Apache Tribe Alcohol Control 

Ordinance.’’ 

Section 3–8–120. Authority 

This Ordinance is enacted pursuant to 

the Act of August 15, 1953. Pub. L. 83– 

277, 67 Stat. 586, 18 U.S.C. 1161 and 

Article IV, § 2, of the Constitution and 

By-Laws of the Fort Sill Apache Tribe 

of Oklahoma. 

Section 3–8–130. Purpose 

The purpose of this Ordinance is to 

regulate and control the manufacture, 

distribution, possession, and sale of 

Alcohol on Tribal lands of the Fort Sill 

Apache Tribe of Oklahoma. The 

enactment of this Ordinance will 

enhance the ability of the Tribal 

government to control all such alcoholrelated activities within the jurisdiction 

of the Tribe and will provide an 

important source of revenue for the 

continued operation and strengthening 

of the Tribal government and the 

delivery of Tribal government services. 

Section 3–8–140. Application of 

Federal Law. 

Federal law forbids the introduction, 

possession and sale of liquor in Indian 

Country (18 U.S.C. 1154 and other 

statutes), except when in conformity 

both with the laws of the State and the 

Tribe (18 U.S.C. 1161). As such, 

compliance with this ordinance shall be 

in addition to, and not a substitute for, 

compliance with the laws of the States 

of Oklahoma, Arizona, or New Mexico. 

Section 3–8–150. Administration of 

Ordinance 

The General Council, under its 

powers vested under the Constitution 

and Bylaws and this Ordinance, 

delegates to the Fort Sill Apache Tribe 

Tax Commission the authority to 

exercise all of the powers and 

accomplish all of the purposes as set 

forth in this Ordinance, which may 

include the following actions: 

A. Adopt and enforce rules and 

regulations for the purpose of 

effectuating this Ordinance, which 

includes the setting of fees; 

B. Execute all necessary documents; 

and 

C. Perform all matters and things 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions under this Ordinance. 

Section 3–8–160. Sovereign Immunity 

Preserved 

A. The Tribe is immune from suit in 

any jurisdiction except to the extent that 

the General Council of the Fort Sill 

Apache Tribe expressly and 

unequivocally waives such immunity in 

writing. 

B. Nothing in this Ordinance shall be 

construed as waiving the sovereign 

immunity of the Tribe. 

Section 3–8–170. Applicability 

This Ordinance shall apply to all 

Tribal enterprises located within Tribal 

lands consistent with applicable federal 

Indian liquor laws. 

Section 3–8–180. Computation of Time 

Unless otherwise provided in this 

Ordinance, in computing any period of 

time prescribed or allowed by this Code, 

the day of the act, event, or default from 

which the designated period time begins 

to run shall not be included. The last 

day of the period so computed shall be 

included, unless it is a Saturday, a 

Sunday, or a legal holiday. For the 

purposes of this Ordinance, the term 

‘‘legal holiday’’ shall mean all legal 

holidays under Tribal or Federal law. 

All papers mailed shall be deemed 

served at the time of mailing. 

Section 3–8–190. Liberal Construction 

Provisions of this Ordinance shall be 

liberally construed to achieve the 

purposes set forth, whether clearly 

stated or apparent from the context of 

the language used herein. 

Section 3–8–200. Applicable Taxes 

The Tax Commission shall enforce all 

applicable and lawful taxes imposed on 

the sale of Alcohol Beverages. The 

failure of any licensee to pay applicable 

taxes on the sale of alcohol may subject 

the licensee to, among other things, the 

revocation of said license. 

Article II—Declaration of Public Policy 

Section 3–8–210. Matter of Special 

Interest 

The manufacture, distribution, 

possession, sale, and consumption of 

Alcohol Beverages within the 

jurisdiction of the Fort Sill Apache 

Tribe of Oklahoma are matters of 

significant concern and special interest 

to the Tribe. The General Council 

hereby declares that the policy of the 

Tribe is to eliminate the problems 

associated with unlicensed, 

unregulated, and unlawful importation, 

distribution, manufacture, and sale of 

Alcohol Beverages for commercial 

purposes and to promote temperance in 

the use and consumption of Alcohol 

Beverages by increasing Tribal control 

over such activities on Tribal land. 

Section 3–8–220. Federal Law 

The introduction of Alcohol within 

the jurisdiction of the Tribe is currently 

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

1154), except as provided for therein, 

and the Tribe is expressly delegated the 

right to determine when and under what 

conditions Alcohol Beverages shall be 

permitted thereon (18 U.S.C. 1161). 

Section 3–8–230. Need for Regulation 

The Tribe finds that the Federal 

prohibition upon manufacture, 

distribution, possession, sale, and 

consumption of Alcohol Beverages has 

proven ineffective and that the problems 

associated with same should be 

addressed by the laws of the Tribe, with 

all such business activities related 

thereto subject to the taxing and 

regulatory authority of the Fort Sill 

Apache Tribe Tax Commission. 

Section 3–8–240. Locations 

The Tribe finds that the manufacture, 

distribution, possession, sale, and 

consumption of Alcohol Beverages shall 

be licensed under this Ordinance only 

where such activity will be conducted 

within or upon Tribal land. 

Section 3–8–250. Definitions 

As used in this Ordinance, the 

following words shall have the 

following meanings unless the context 

clearly requires otherwise: 

A. ‘‘Alcohol’’ means the product of 

distillation of fermented liquid, whether 

or not rectified or diluted with water, 

but does not mean ethyl or industrial 

alcohol, diluted or not, that has been 

denatured or otherwise rendered unfit 

for beverage purposes. 

B. ‘‘Alcohol Beverage’’ when used in 

this Ordinance means, and shall include 

liquor, beer, or spirits of wine, by 

whatever name they may be called, and 

from whatever source and by whatever 

process they may be produced, and 

which contain a sufficient percent of 

alcohol by volume which, by law, 

makes said beverage subject to 

regulation as an intoxicating beverage 

under the laws of the state where the 

beverage is sold. 

C. ‘‘Applicant’’ means any person 

who submits an application to the Tax 

Commission for an Alcohol Beverage 

license and who has not yet received 

such a license. 

D. ‘‘Business Committee’’ means the 

duly elected Business Committee of the 

Fort Sill Apache Tribe of Oklahoma. 

E. ‘‘Constitution’’ means the 

Constitution and By-Laws of the Fort 

Sill Apache Tribe of Oklahoma. 

F. ‘‘General Council’’ means the 

General council of the Fort Sill Apache 

Tribe, which is the supreme governing 

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body of the Fort Sill Apache Tribe, 

which is composed of the voting 

membership of the Tribe. 

G. ‘‘License’’ means an Alcohol 

Beverage license issued by the Fort Sill 

Apache Tribe Tax Commission 

authorizing the importation, 

manufacture, distribution, or sale of 

Alcohol Beverages for commercial 

purposes under the provisions of this 

Ordinance. 

H. ‘‘Licensee’’ means a Tribal 

enterprise that holds an Alcohol 

Beverage license issued by the Tax 

Commission and includes any employee 

or agent of the Licensee. 

I. ‘‘Liquor store’’ means any store or 

establishment at which liquor is sold 

and shall include any and all businesses 

engaged in the sale of Alcohol 

Beverages, whether sold as packaged or 

by the drink. 

J. ‘‘Manufacturer’’ means any person 

engaged in the manufacture of Alcohol 

Beverage. 

K. ‘‘Ordinance’’ means the Fort Sill 

Apache Tribe of Oklahoma Alcohol 

Beverage Control Ordinance, as 

hereafter amended. 

L. ‘‘Package’’ means the sale of an 

Alcohol Beverage by delivery of same by 

a seller to a purchaser in any container, 

bag, or receptacle for consumption 

beyond the premises or the location 

designated on the license. 

M. ‘‘Public place’’ means and shall 

include Tribal, County, State, or Federal 

highways, roads, and rights-of-way; 

buildings and grounds used for school 

purposes; public dance halls and 

grounds adjacent thereto; public 

restaurants, buildings, meeting halls, 

hotels, theaters, retail stores, and 

business establishments generally open 

to the public and to which the public is 

allowed to have unrestricted access; and 

all other places to which the general 

public has unrestricted right of access 

and that are generally used by the 

public. For the purpose of this 

Ordinance, ‘‘public place’’ shall also 

include any privately owned business 

property or establishment that is 

designed for or may be regularly used by 

more persons other than the owner of 

the same but shall not include the 

private, family residence of any person. 

N. ‘‘Sale’’ and ‘‘Sell’’ mean the 

exchange, barter, traffic, furnishing, or 

giving away for commercial purpose an 

Alcohol Beverage by any and all means, 

by whatever name commonly used to 

describe the same, by any person to 

another. 

O. ‘‘Tax Commission’’ means the Fort 

Sill Apache Tribe Tax Commission. 

P. ‘‘Tribal Court’’ means the Federal 

Court of Indian Offenses or Tribal 

Courts if established by the Tribe. 

Q. ‘‘Tribal land(s)’’ shall mean and 

reference the geographic area that 

includes all land included within the 

definition of ‘‘Indian country’’ as 

established and described by federal law 

and that is under the jurisdiction of the 

Fort Sill Apache Tribe of Oklahoma, 

including all tribally owned trust lands 

located within same as are now in 

existence or may hereafter be added to. 

R. ‘‘Tribal law’’ means the Tribal 

Constitution and all laws, Ordinances, 

codes, resolutions, and regulations now 

and hereafter duly enacted by the Tribe. 

S. ‘‘Tribe’’ shall mean the Fort Sill 

Apache Tribe of Oklahoma. 

Article III—Sales of Alcoholic 

Beverages 

Section 3–8–260. Prohibition of the 

Unlicensed Sale of Alcohol Beverages 

This Ordinance prohibits the 

importation, manufacture, distribution, 

or sale of Alcohol Beverages for 

commercial purposes, other than where 

conducted by a lawfully issued license 

in accordance with this Ordinance. The 

Federal liquor laws are intended to 

remain applicable to any act or 

transaction that is not authorized by this 

Ordinance, and violators shall be 

subject to Federal law and/or Tribal law. 

Section 3–8–280. License Required 

Any and all sales of Alcohol 

Beverages conducted upon Tribal land 

shall be permitted only where the seller 

holds a current Alcohol Beverage 

license duly issued by the Fort Sill 

Apache Tribe Tax Commission. A 

licensee has the right to engage only in 

those Alcohol Beverage transactions 

expressly authorized by such license in 

accordance with this Ordinance. 

Section 3–8–290. Sales for Cash 

All sales of Alcohol Beverages 

conducted shall be conducted on a cashonly basis, and no credit for said 

purchase and consumption of same 

shall be extended to any person, 

organization, or entity except that this 

provision does not prohibit the payment 

of same by use of credit cards acceptable 

to the seller (including but not limited 

to VISA, MasterCard, or American 

Express). Provided however that a 

Licensee shall have the right to provide 

complimentary alcoholic beverages to 

patrons of its gaming facilities. 

Section 3–8–300. Personal Consumption 

All sales shall be for the personal use 

and consumption of the purchaser or 

his/her guest(s). The resale of any 

Alcohol Beverage purchased within or 

upon Tribal lands by an unlicensed 

seller is prohibited. 

Section 3–8–310. Consumption of Liquor 

No Tribal operator shall permit any 

person to open or consume liquor on his 

or her premises or any premises 

adjacent thereto and in his or her 

control. The Commission will allow the 

consumption of liquor and shall identify 

where liquor may be consumed on 

Tribal Trust lands. 

Article IV—Licensing 

Section 3–8–320. Eligibility 

Only applicants operating upon Tribal 

lands shall be eligible to receive a 

license for the sale of any Alcohol 

Beverage under this ordinance. 

Section 3–8–330. Application Process 

The Tax Commission may cause a 

license to be issued to any applicant as 

is deemed appropriate and not contrary 

to the best interests of the Tribe and its 

Tribal members. Any applicant that 

desires to be licensed to sell Alcohol 

Beverages and that meets the eligibility 

requirements pursuant to this ordinance 

must apply to the Tax Commission of 

the Fort Sill Apache Tribe for a license 

to sell or to serve Alcohol Beverages. 

Any such person as may be empowered 

to make such application shall fully and 

accurately complete an application 

provided by the Tax Commission, and 

shall pay such application fee as may be 

required by the Tax Commission. 

Section 3–8–340. Classes of Licenses 

The Tax Commission shall have the 

authority to issue the following classes 

of Alcohol Beverage licenses: 

A. ‘‘Retail on-sale general license’’ 

means a license authorizing the licensee 

to sell Alcohol Beverages at retail to be 

consumed by the buyer only on the 

premises or at the location designated in 

the license. This class includes, but is 

not limited to, hotels where alcohol 

beverages may be sold for consumption 

on the premises and in the rooms of 

bona fide registered guests. 

B. ‘‘Retail on-sale beer and wine 

license’’ means a license authorizing the 

licensee to sell beer and wine at retail 

to be consumed by the buyer only on 

the premises or at the location 

designated in the license. This class 

includes, but is not limited to, hotels 

where beer and/or wine may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

C. ‘‘Retail off-sale general license’’ 

means a license authorizing the licensee 

to sell Alcohol Beverages at retail to be 

consumed by the buyer off of the 

premises or at a location other than the 

one designated in the license. 

D. ‘‘Retail off-sale beer and wine 

license’’ means a license authorizing the 

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licensee to sell beer and wine at retail 

to be consumed by the buyer off of the 

premises or at a location other than the 

one designated in the license. 

E. ‘‘Manufacturers license’’ means a 

license authorizing the applicant to 

manufacture Alcohol Beverages for the 

purpose of sale on or off Tribal land. 

F. ‘‘Temporary license’’ means a 

license authorizing the sale of Alcohol 

Beverages on a temporary basis for 

premises temporarily occupied by the 

licensee for a picnic, social gathering, or 

similar occasion. Temporary licenses 

may not be renewed upon expiration. A 

new application must be submitted for 

each such license. 

Section 3–8–350. Application Form and 

Content 

An application for a license shall be 

made to the Tax Commission and shall 

contain at least the following 

information: 

A. The name and address of the 

applicant, including the names and 

addresses of all of the principal officers 

and directors, and other employees with 

primary management responsibility 

related to the sale of Alcohol Beverages; 

B. The specific area, location, and/or 

premise(s) for which the license is 

applied; 

C. The hours that the applicant will 

sell the Alcohol Beverages; 

D. For Temporary Licenses, the dates 

for which the license is sought to be in 

effect; 

E. The class of Alcohol Beverage 

license applied for as set forth in 

Section 3–8–340; 

F. Whether the applicant has a state 

liquor license; 

G. A sworn statement by the applicant 

to the effect that none of the applicant’s 

officers and directors, and employees 

with primary management 

responsibility related to the sale of 

Alcohol Beverage, were ever convicted 

of a felony under any law, and have not 

violated and will not violate or cause or 

permit to be violated any of the 

provisions of this Ordinance; and 

H. The application shall be verified 

under oath and notarized by a duly 

authorized representative. 

Section 3–8–360. Public Hearing 

Upon receipt of an application for 

issuance or renewal of a license, and the 

payment of any fees required by the Tax 

Commission, the Tax Commission shall 

set the matter for a public hearing. 

Notice of the time and place of the 

hearing shall be given to the applicant 

and the public at least twenty (20) 

calendar days before the hearing. Notice 

shall be given to the applicant by 

prepaid U.S. mail at the address listed 

in the application. Notice shall be given 

to the public by publication in a 

newspaper of general circulation sold 

on the Tribal lands. The notice 

published in the newspaper shall 

include the name of the applicant, 

whether the action involves a new 

issuance or renewal, the class of license 

applied for, and a general description of 

the area where the alcohol will be or has 

been sold. At the hearing, the Tax 

Commission shall hear from any person 

who wishes to speak for or against the 

application. The Tax Commission shall 

have the authority to place time limits 

on each speaker and limit or prohibit 

repetitive testimony. 

Section 3–8–370. Action on the 

Application 

The Tax Commission shall act on the 

matter within thirty (30) days of the 

conclusion of the public hearing. The 

Tax Commission shall have the 

authority to deny, approve, or approve 

with conditions the application, 

consistent with the laws of the Tribe. 

Upon approval of an application, the 

Tax Commission shall issue a license to 

the applicant in a form to be approved 

from time to time by the Tax 

Commission. If the Tax Commission 

does not act within thirty (30) days the 

applicant may request a hearing before 

the business committee. 

Section 3–8–380. Denial of License or 

Renewal 

An application for a new license or 

license renewal may be denied for one 

or more of the following reasons. 

A. The applicant has materially 

misrepresented facts contained in the 

application; 

B. The applicant is presently not in 

compliance with this ordinance or other 

Tribal or Federal laws; 

C. Granting of the license (or renewal 

thereof) would create a threat to the 

peace, safety, morals, health, or welfare 

of the Tribe; 

D. The applicant has failed to 

complete the application properly or 

has failed to tender the appropriate fee. 

E. A verdict or judgment of guilty has 

been entered against or a plea of nolo 

contendere has been entered by an 

applicant’s officer or director, or an 

employee with primary management 

responsibility related to the sale of 

Alcohol Beverages, to any offense under 

Federal or State law prohibiting or 

regulating the sale, use, possession or 

giving away of Alcohol Beverages. 

Section 3–8–390. Temporary Denial 

If the application is denied solely on 

the basis of Section 3–8–380(D) the Tax 

Commission shall, within fourteen (14) 

days of receipt of the application, issue 

a written notice of temporary denial to 

the applicant. Such notice shall set forth 

the reasons for denial and shall state 

that the denial will become permanent 

if the problem(s) is not corrected within 

fifteen (15) days following receipt of the 

notice. 

Section 3–8–400. Cure 

If an applicant is denied a license, the 

applicant may cure the deficiency and 

resubmit the application for 

consideration. Each re-submission will 

be treated as a new application for 

license or renewal of a license. 

Section 3–8–410. Investigation 

Upon receipt of an application for the 

issuance, transfer, or renewal of a 

license, the Tax Commission shall make 

a thorough investigation to determine 

whether the applicant and the premises 

for which a license is applied for qualify 

for a license and whether the provisions 

of this Ordinance have been complied 

with, and shall investigate all matters 

connected therewith which may affect 

the public health, welfare, and morals. 

Section 3–8–420. Term and Renewal of 

License 

Each license shall be issued for a 

period not to exceed two (2) years from 

the original date of issuance and may be 

renewed thereafter on a year-to-year 

basis, in compliance with this 

Ordinance and any rules and/or 

regulations hereafter adopted by the 

Tribe. The applicant shall renew a 

license by, not less than 90 days prior 

to the license’s expiration date, 

submitting a written renewal 

application to the Tax Commission on 

the provided form. 

Section 3–8–430. Procedures for 

Appealing a Denial or Condition of 

Application 

Any applicant for a license or licensee 

who believes the denial of their license, 

request for renewal, or condition 

imposed on their license was 

wrongfully determined may appeal the 

decision of the Tax Commission in 

accordance with the Tax Commission 

Rules and Regulations. For purposes of 

appeal, an applicant or licensee shall 

stand in the place of a ‘‘taxpayer’’ as 

that term is used in the Tax Commission 

Rules and Regulations appeal 

procedure. For purposes of appeal, the 

action being complained of shall stand 

in the place of the term the ‘‘tax,’’ where 

appropriate, as that term is used in the 

Tax Commission Rules and Regulations 

appeal procedure. 

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Section 3–8–440. Revocation of License 

The Tax Commission may initiate 

action to revoke a license whenever it is 

brought to the attention of the 

Commission that a licensee: 

A. Has materially misrepresented 

facts contained in any license 

application; 

B. Is not in compliance with Tribal or 

federal laws material to the issue of 

licensing; 

C. Failed to comply with any 

condition of a license, including failure 

to pay taxes on the sale of Alcohol 

Beverages or failure to pay a required 

fee; 

D. Has had a verdict, or judgment of 

guilty entered against, or has had a plea 

of nolo contendere entered by one of its 

officers or directors, or managers with 

primary responsibility over the sale of 

Alcohol Beverages, as to any offense 

under Federal or State law prohibiting 

or regulating the sale, use, or 

possession, of Alcohol Beverages; 

E. Failed to take reasonable steps to 

correct objectionable conditions 

constituting a nuisance on the licensed 

premises or any adjacent area within a 

reasonable time after receipt of a notice 

to make such corrections has been 

received from the Tax Commission; or 

F. Has had their Oklahoma, Arizona, 

or New Mexico liquor license 

suspended or revoked. 

Section 3–8–450. Initiation of 

Revocation Proceedings 

Revocation proceedings are initiated 

either: (1) By the Tax Commission, on 

its own motion and through the 

adoption of an appropriate resolution 

meeting the requirements of this 

section; or (2) by any person who files 

a complaint with the Tax Commission. 

The complaint shall be in writing and 

signed by the maker. Both the complaint 

and resolution shall state facts showing 

that there are specific grounds under 

this Ordinance, which would authorize 

the Tax Commission to revoke the 

license(s). The Tax Commission shall 

cause the matter to be set for a hearing 

before the Tax Commission on a date no 

later than 30 days from the 

Commission’s receipt of a complaint or 

adoption of the resolution. Notice of the 

time, date, and place of the hearing shall 

be given to the licensee and the public 

in the same manner as set forth in 

section 3–8–360. The notice shall state 

that the licensee has the right to file a 

written response to the complaint or 

resolution, verified under oath and 

signed by the licensee, no later than ten 

(10) days prior to the hearing date. 

Section 3–8–460. Hearing 

Any hearing held on any complaint 

shall be held under such rules and 

regulations as the Tax Commission may 

prescribe. Both the licensee and the 

person filing the complaint shall have 

the right to present witnesses to testify 

and to present written documents in 

support of their positions to the Tax 

Commission. The Commission shall 

render its decision within sixty (60) 

days after the date of the hearing. The 

decision of the Commission shall be 

final. Except that any person so 

aggrieved may file a written appeal to 

the Business Committee clearly stating 

the reason for appeal within ten (10) 

days after the decision of the 

commission is received. 

Section 3–8–470. Delivery of License 

Upon revocation of a license, the 

enterprise shall forthwith deliver up the 

license to the Tax Commission. 

Section 3–8–480. Transferability of 

Licenses 

Alcohol Beverage licenses shall be 

issued to a specific licensee for use at 

a single business location (business 

enterprise) and shall not be transferable 

for use by any business or location. 

Separate licenses shall be issued for 

each of the premises of any business 

establishment having more than one 

address. 

Section 3–8–490. Posting of License 

Every licensee shall post and keep 

posted its license(s) in a conspicuous 

place(s) on the licensed premises. 

Article V—Powers of Enforcement 

Section 3–8–500. Tax Commission 

Authority 

In furtherance of this Ordinance, the 

Tax Commission shall have exclusive 

authority to administer and implement 

this Ordinance and shall have the 

following powers and duties hereunder; 

A. To publish and enforce rules and 

regulations governing the sale, 

manufacture, distribution, and 

possession of Alcohol Beverages within 

the Tribal lands of the Fort Sill Apache 

Tribe of Oklahoma; 

B. To employ such persons as may be 

reasonably necessary to perform all 

administrative and regulatory 

responsibilities of the Tax Commission 

hereunder. All such employees shall be 

Tribal employees; 

C. To issue licenses permitting the 

sale, manufacture, distribution, and 

possession of Alcohol Beverages within 

the Tribal lands; 

D. To give reasonable notice and to 

hold hearings on violations of this 

Ordinance, and for consideration of the 

issuance or revocation of licenses 

hereunder; 

E. To bring such other actions as may 

be required to enforce this Ordinance; 

F. To prepare and deliver such reports 

as may be required by law or regulation; 

and 

G. To collect taxes, fees, and penalties 

as may be required, imposed, or allowed 

by law or regulation, and to keep 

accurate books, records, and accounts of 

the same. 

Section 3–8–510. Right of Inspection 

Any business premises licensed to 

manufacture, distribute, or sell alcohol 

pursuant to this Ordinance shall be 

open for inspection by the Tax 

Commission for the purpose of insuring 

the compliance or noncompliance of the 

licensee with all provisions of this 

Ordinance and any applicable Tribal 

law or regulation. 

Section 3–8–520. Limitation on Powers 

In the exercise of its powers and 

duties under this Ordinance, members 

of the Tax Commission shall not, 

whether individually or as a whole, 

A. Accept any gratuity, compensation 

or other thing of value from any Alcohol 

Beverage wholesaler, retailer, or 

distributor, or from any applicant or 

licensee of the Tribe; 

B. Waive the sovereign immunity of 

the Fort Sill Apache Tribe, or of any 

agency, commission, or entity thereof 

without the express written consent of 

the General Council of the Fort Sill 

Apache Tribe. 

Article VI—Taxes 

Section 3–8–530. Excise Tax 

There is hereby levied and shall be 

collected a tax on each retail and 

wholesale sale of Alcohol Beverages on 

Tribal land in the amount of one percent 

(1%) of the retail sales price. All taxes 

from the sale of such Alcohol Beverages 

shall be paid into a separate account 

under exclusive authority of the Tax 

Commission. This tax may be adjusted 

as requested by the Tax Commission 

and approved by the Business 

Committee. 

Section 3–8–540. Taxes Due 

All taxes for the sale of Alcohol 

Beverages under this Ordinance are due 

on the 15th day of the month following 

the end of the calendar quarter for 

which taxes are due. 

Section 3–8–550. Delinquent Taxes 

Past due taxes shall accrue interest at 

the rate of two percent (2%) per month 

until paid. 

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Section 3–8–560. Reports 

Along with the payment of taxes 

imposed hereby, the licensee shall 

submit a quarterly report and 

accounting of all income from the sale 

or distribution of Alcohol Beverages, 

and for the taxes collected. 

Section 3–8–570. Audit 

All licensees are subject to the review 

or audit of its books and records relating 

to the sale of Alcohol Beverages 

hereunder by the Tax Commission. 

Such review or audit may be performed 

periodically by Tax Commission’s 

agents or employees at such times as in 

the opinion of the Tax Commission such 

review or audit is appropriate to the 

proper enforcement of this Ordinance. 

Article VII—Rules, Regulations, and 

Enforcement 

Section 3–8–580. Sale or Distribution 

Without License 

Any person who sells or offers for sale 

or distribution any Alcohol Beverage in 

violation of this Ordinance, or who 

operates a business on Tribal land and 

has Alcohol Beverage(s) for sale in his 

possession without a license shall be in 

violation of this Ordinance. 

Section 3–8–590. Unlawful Purchase 

Any person who purchases any 

Alcohol Beverage on Tribal lands from 

a person or business that is not licensed 

by the Tax Commission to sell Alcohol 

Beverages shall be in violation of this 

Ordinance. 

Section 3–8–600. Intent To Sell 

Any person who keeps or possesses, 

or causes another to keep or possess, 

upon his person or any premises within 

his control, an Alcohol Beverage, with 

the intent to sell or to distribute the 

same contrary to the provisions of this 

Ordinance, shall be in violation of this 

Ordinance. 

Section 3–8–610. Sale to Intoxicated 

Person 

Any person who knowingly sells an 

Alcohol Beverage to a person who is 

intoxicated shall be in violation of this 

Ordinance. 

Section 3–8–620. Public Conveyance 

Any person engaged in the business of 

carrying passengers for hire, and every 

agent, servant, or employee of such 

person who shall knowingly permit any 

person to drink an Alcohol Beverage in 

any such public conveyance shall be in 

violation of this Ordinance. 

Section 3–8–630. Age of Consumption 

No person under the age to twentyone (21) years shall possess or consume 

any Alcohol Beverage on Tribal lands. 

Section 3–8–640. Serving Underage 

Person 

No person shall serve an Alcohol 

Beverage to a person under the age of 21 

or permit any such person to consume 

alcohol on the premises or on any 

premises under his control. Any 

licensee violating this section shall be 

guilty of a separate violation of this 

Ordinance for each and every drink 

served and/or consumed. 

Section 3–8–650. False Identification 

Any person who purchases or who 

attempts to purchase an Alcohol 

Beverage through the use of false, or 

altered identification that falsely 

purports to show the person to be over 

the age of 21 years shall be in violation 

of this Ordinance. 

Section 3–8–660. Documentation of Age 

When requested by a seller of Alcohol 

Beverages, any person shall be required 

to present proper and satisfactory 

documentation of the bearer’s age, 

signature, and photograph. For purposes 

of this Ordinance, proper and 

satisfactory documentation shall 

include one or more of the following: 

A. Drivers license or personal 

identification card issued by any state 

department of motor vehicles or tribal or 

federal government agency; 

B. United States active duty military 

credentials; 

C. Passport. 

Section 3–8–670. General Penalties 

Any person adjudged to be in 

violation of this Ordinance, including 

any lawful regulation promulgated 

pursuant thereto, shall be subject to a 

civil penalty not more than Five 

Hundred Dollars ($500.00) for each such 

violation. The Tax Commission may 

adopt by resolution a separate schedule 

for fines for each type of violation, 

taking into account the seriousness and 

threat the violation may pose to the 

general health and welfare. Such 

schedule may also provide, in the case 

of repeated violations, for imposition of 

monetary penalties greater than the Five 

Hundred Dollars ($500.00) limitation set 

forth above. The penalties provided for 

herein shall be in addition to any 

criminal penalties that may be imposed 

under a separate Ordinance, adopted by 

the Tribe. 

Section 3–8–680. Initiation of Action 

Any violation of this Ordinance shall 

constitute a public nuisance. The Tax 

Commission may initiate and maintain 

an action in Tribal court or any court of 

competent jurisdiction to abate and 

permanently enjoin any nuisance 

declared under this Ordinance. Any 

action taken under this section shall be 

in addition to any other penalties 

provided for in this Ordinance. The 

plaintiff shall not be required to give 

bond in this action. 

Section 3–8–690. Contraband; Seizure; 

Forfeiture 

A. All Alcohol Beverages within tribal 

lands held, owned, or possessed by any 

person or licensee operating in violation 

of this Ordinance is hereby declared to 

be contraband and subject to seizure 

and forfeiture to the Tribe. 

B. Seizure of contraband as defined in 

this Ordinance shall be done by law 

enforcement and all such contraband 

seized shall be inventoried and 

maintained by law enforcement pending 

final order of the Tax Commission and 

any appeals there from as may be filed 

with the Business Committee. The 

owner of the contraband seized may 

alternatively request that the contraband 

seized be sold and the proceeds 

received there from be maintained by 

law enforcement pending final order of 

the Tax Commission and any appeals 

there from. The proceeds are subject to 

forfeiture in lieu of the seized 

contraband. 

C. Within ten days following the 

seizure of the contraband, a hearing 

shall be held by the Tax Commission, at 

which time the operator or owner of the 

contraband shall be given an 

opportunity to present evidence in 

defense of his or her activities. 

D. Notice of the hearing of at least 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 other public places on tribal 

lands. 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. If upon the hearing, the evidence 

warrants, or, if no person appears as a 

claimant, the Tax Commission shall 

thereupon enter a judgment of 

forfeiture, and all such property shall be 

the property of the Fort Sill Apache 

Tribe. If upon the hearing the evidence 

does not warrant forfeiture, the seized 

contraband shall be immediately 

returned to the owner. 

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13462 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

Article VIII—Nuisance and Abatement. 

Section 3–8–700. Nuisance 

Any room, house, building, vehicle, 

structure or other place where Alcohol 

Beverages are sold, manufactured, 

bartered, exchanged, given away, 

furnished, or otherwise possessed or 

disposed of in violation of this 

Ordinance, or of any other Tribal law 

related to the transportation, possession, 

distribution or sale of Alcohol 

Beverages, and including all property 

kept therein, or thereon, and use in, or 

in connection with the violation is 

hereby declared to be a nuisance upon 

any second or subsequent violation of 

the same. 

Section 3–8–710. Action To Abate 

Nuisance 

Upon a finding that any such place or 

activity is a nuisance under the 

provision of this Ordinance, the Tribe or 

the Tax Commission may bring a civil 

action in the Tribal Court to abate and 

to perpetually enjoin any such activity 

declared to be a nuisance. Such 

injunctive relief may include a closure 

of any business or other use of the 

property for up to one (1) year from the 

date of the order, or until the owner, 

lessee or tenant shall give bond of no 

less than Twenty-Five Thousand dollars 

($25,000) payable to the Tribe and 

conditioned that no further violation of 

this Ordinance or other Tribal Alcohol 

Beverage law and by payment of all 

fines, costs and assessments against 

him/her. If any condition of the bond is 

violated, the bond may be recovered and 

proceeds delivered to the Tax 

Commission for the use of the Tribe. 

Any action taken under this section 

shall be in addition to any other 

penalties provided for in this 

Ordinance. 

Article IX—Revenue and Reporting 

Section 3–8–720. Use and 

Appropriation of Revenue Received 

All revenue received by the Tax 

Commission under this Ordinance, from 

whatever sources, shall be expended 

first for the administrative costs 

incurred in the administration and 

enforcement of this Ordinance. Any 

excess funds shall be subject to and 

available to appropriation by the Tribe 

for essential governmental, and social 

services, related to drug and alcohol 

education, counseling and treatment. 

Section 3–8–730. Audit 

Tax Commission handling of revenue 

received under this ordinance is subject 

to review and audit as a part of the 

annual financial audit of the Tax 

Commission. 

Section 3–8–740. Reports 

The Tax Commission shall submit to 

the Business Committee a quarterly 

report and an accounting of all revenue 

received and expended pursuant to this 

Ordinance. 

Article X—Miscellaneous 

Section 3–8–750. Severability 

If any provision or application of this 

Ordinance is found invalid and or 

unenforceable, such determination shall 

not be held to render ineffectual any of 

the remaining provisions or applications 

of this Ordinance not specifically 

identified thereby, or to render such 

provision to be inapplicable to other 

persons or circumstances. 

Section 3–8–760. Construction 

Nothing in this ordinance shall be 

construed to diminish or impair in any 

way the rights or sovereign powers of 

the Fort Sill Apache Tribe. 

Section 3–8–770. Effective Date 

This Ordinance shall be effective 

upon certification by the Secretary of 

the Interior, publication in the Federal 

Register and recorded in the office of 

the Clerk of the Tribal Court. 

Section 3–8–780. Prior Law Repealed 

Any and all prior enactments of the 

Fort Sill Apache Tribe that are 

inconsistent with the provisions of this 

Ordinance are hereby rescinded. 

Section 3–8–770. Amendment 

The Fort Sill Apache Tribe through its 

General Council, pursuant to its 

Constitution delegates to the Fort Sill 

Apache Tribe Business Committee the 

authority to amend the provisions of the 

foregoing Alcohol Control Ordinance. 

Approved by the Business Committee 

of the Fort Sill Apache Tribe of 

Oklahoma this 21st day of August 2007, 

by a vote of 4 For 0 Against 0 Abstained. 

Chairman lllllllllllll

Secretary Treasurer lllllllll

[FR Doc. E9–6853 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLNV010000.L19900000.EX0000; 09–08807; 

TAS: 14X1109] 

Notice of Availability of Final 

Supplemental Environmental Impact 

Statement for the Betze Pit Expansion 

Project, Eureka and Elko Counties, NV 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of availability. 

SUMMARY: In accordance with National 

Environmental Policy Act of 1969 

(NEPA, 42 U.S.C. 4321 et seq. and 43 

CFR 3809), the Bureau of Land 

Management (BLM), Elko District Office 

has prepared a Final Supplemental 

Environmental Impact Statement (SEIS) 

for Barrick Goldstrike Mine’s proposed 

Betze Pit Expansion Project. 

DATES: The BLM will issue a Record of 

Decision (ROD) on the proposed project 

after a minimum of 30 days following 

the Environmental Protection Agency’s 

publication of a Notice of Availability of 

this Final SEIS in the Federal Register. 

ADDRESSES: Copies of the SEIS (compact 

disk or hard copy) are available at the 

BLM Elko District Office, 3900 E. Idaho, 

Elko, Nevada during regular business 

hours of 7:30 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. The 

SEIS is also available on-line at http:// 

www.blm.gov/nv/st/en/fo/ 

elko_field_office.html, Elko District 

Office. 

FOR FURTHER INFORMATION CONTACT: Kirk 

Laird, (775) 753–0200. 

SUPPLEMENTARY INFORMATION: The Betze 

Pit Expansion Project is an amendment 

to the mine plan for the Betze Project, 

an ongoing open pit gold mine on the 

Carlin Trend in Eureka and Elko 

counties. The proposed mine plan 

amendment includes expanding the 

existing open pit and constructing a 

new waste rock facility and a new 

tailings facility. Current mining 

operations at the Betze Project are 

expected to end in 2011, with 

processing operations ending in 2020. 

The proposed Betze Pit Expansion 

Project would extend mining for 4 years 

and processing for an additional 5 years. 

Alternatives developed and analyzed in 

the SEIS include expanding the existing 

Bazza Waste Rock Facility (instead of 

constructing the proposed Clydesdale 

Waste Rock Facility) and the No Action 

alternatives. Alternatives considered but 

eliminated from detailed analysis 

include mining by underground 

methods rather than open pit, modifying 

the proposed Clydesdale Waste Rock 

Facility or constructing an offsite waste 

rock facility to reduce impacts to deer 

migration corridors, and a reduced 

tailings facility alternative. Mitigation 

measures, including reclamation 

scheduling to maintain a deer migration 

corridor, and designed landscape 

reclamation of the proposed Clydesdale 

Waste Rock Facility, were adopted by 

the proponent during the process, 

becoming part of the proposed action. 

The Draft SEIS was released for public 

review on August 22, 2008, for a 45-day 

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