Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 23289 

(RAC) will meet in June, August and 

October 2010. 

DATES: Southwest Colorado RAC 

meetings will be held on June 4, 2010, 

in Dolores, Colorado; August 13, 2010, 

in Gunnison, Colorado; and October 8, 

2010, in Ridgway, Colorado. 

The meetings will begin at 9 a.m. and 

adjourn at approximately 4 p.m. A 

public comment period regarding 

matters on the agenda will be held at 

2:30 p.m. 

ADDRESSES: The Southwest Colorado 

RAC meetings will be held June 4, 2010, 

at the Anasazi Heritage Center at 27501 

Highway 184, Dolores, Colorado 81323; 

August 13, 2010, at the Holiday Inn 

Express at 910 E. Tomichi, Gunnison, 

Colorado; and October 8, 2010, at the 

Ouray County 4–H Center at 22739 

Highway 550, Ridgway, Colorado. 

FOR FURTHER INFORMATION CONTACT: Lori 

Armstrong, BLM Southwest District 

Manager, 2505 S. Townsend Avenue, 

Montrose, CO; telephone 970–240–5300; 

or Erin Curtis, Public Affairs Specialist, 

2815 H Road, Grand Junction, CO; 

telephone 970–244–3097. 

SUPPLEMENTARY INFORMATION: The 

Southwest Colorado RAC advises the 

Secretary of the Interior, through the 

BLM, on a variety of public land issues 

in Colorado. Topics of discussion for all 

Southwest Colorado RAC meetings may 

include field manager and working 

group reports, recreation, fire 

management, land use planning, 

invasive species management, energy 

and minerals management, travel 

management, wilderness, land exchange 

proposals, cultural resource 

management, and other issues as 

appropriate. 

These meetings are open to the 

public. The public may present written 

comments to the RACs. Each formal 

RAC meeting will also have time, as 

identified above, allocated for hearing 

public comments. Depending on the 

number of persons wishing to comment 

and time available, the time for 

individual oral comments may be 

limited. 

Dated: April 23, 2010. 

Helen M. Hankins, 

State Director. 

[FR Doc. 2010–10180 Filed 4–30–10; 8:45 am] 

BILLING CODE 4310–JB–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Ponca Tribe of Indians of Oklahoma 

Liquor Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Ponca Tribe of Indians of Oklahoma 

Liquor 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 May 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Sherry Lovin, 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) 513–7641. 

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. 

The Business Committee of the Ponca 

Tribe of Indians of Oklahoma adopted 

its Liquor Control Ordinance by 

Resolution No. 32–061109 on June 11, 

2009. 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 the Business Committee of 

the Ponca Tribe of Indians of Oklahoma 

adopted its Liquor Control Ordinance by 

Resolution No. 32–061109 on June 11, 

2009. 

Dated: April 22, 2010. 

Paul Tsosie, 

Chief of Staff—Indian Affairs. 

The Ponca Tribe of Indians of 

Oklahoma Liquor Control Ordinance of 

2009 reads as follows: 

Ponca Tribe of Indians of Oklahoma 

Liquor Control Ordinance of 2009 

An Ordinance To Authorize and 

Regulate the Introduction, Possession 

and Sale of Liquor on Tribal Lands 

Be it enacted by the Ponca Business 

Committee as follows: 

Article 1. Title. 

This Ordinance shall be known as the 

‘‘Ponca Tribe of Indians of Oklahoma 

Liquor Control Ordinance of 2009.’’ 

Article 2. 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), the 

Constitution of the Ponca Tribe of 

Indians of Oklahoma, and the Tribe’s 

inherent sovereign authority. Pursuant 

to Article VIII, Section 2(b) of the 

Constitution of the Ponca Tribe of 

Indians of Oklahoma: All law and order 

ordinances adopted by the Ponca 

Business Committee pursuant to this 

Article shall be approved by the 

Secretary of the Interior before they are 

effective unless otherwise provided by 

applicable law. 

Article 3. Purpose. 

The purpose of this Ordinance is to 

authorize, regulate, and control the 

introduction, possession, and sale of 

Liquor on the Tribal Lands of the Ponca 

Tribe of Indians of Oklahoma in 

accordance with Federal law, Oklahoma 

State law, and the laws of the Ponca 

Tribe of Indians of Oklahoma. The 

enactment of this Ordinance will 

enhance the ability of the Tribal 

government to control all Liquor related 

activities within the jurisdiction of the 

Tribe. This Ordinance is enacted in 

conjunction with the laws of the State 

of Oklahoma applicable to the sale and 

distribution of Liquor pursuant to 18 

U.S.C. 1161. 

Article 4. Scope. 

In order to protect the health, safety, 

and social welfare of the members of the 

Ponca Tribe of Indians of Oklahoma and 

the patrons of businesses located on 

Tribal Lands, and be consistent with the 

principles enunciated by the United 

States Supreme Court in United States 

v. Montana, 101 S. Ct. 1245 (1981), the 

Tribe, as an exercise of sovereign 

authority and self-determination, has 

enacted this Ordinance to regulate the 


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introduction, possession, and sale of 

Liquor on Tribal Lands. This Ordinance 

applies to all Tribal Lands, as defined 

herein. This Ordinance shall extend to 

all Persons, as defined herein, receiving 

or requiring Licenses hereunder, or 

doing business on Tribal Lands, or 

having significant contacts within Tribal 

Lands, or residing within Tribal Lands, 

or entering into or coming within Tribal 

Lands, or consuming, possessing, 

manufacturing, or distributing Liquor 

within Tribal Lands. All such Persons 

shall be deemed to have consented to 

the jurisdiction of the Tribe and to the 

provisions of this Ordinance, the 

operation thereof, and to the jurisdiction 

and authority of the Tribe, and shall, by 

virtue of such actions, be deemed to 

have waived all defenses to the 

jurisdiction and venue of the Tribe, the 

Tribal Gaming Commission, and the 

Tribal Court, notwithstanding that such 

Persons may be of non-Indian descent or 

character. 

Article 5. Definitions. 

As used in this Ordinance, the 

following definitions shall apply: 

(a) ‘‘Alcohol’’ has the same meaning as 

the term ‘‘Liquor’’ as herein defined in 

this Ordinance. 

(b) ‘‘Beer’’ means any beverage 

obtained by the alcoholic fermentation 

of an infusion or decoction of pure 

hops, or pure extract of hops and pure 

barley malt or other wholesome grain or 

cereal in pure water containing not 

more than four percent of Alcohol by 

volume. For the purpose of this 

Ordinance, any such beverage, 

including ale, stout, and porter, 

containing more than four percent of 

Alcohol by weight shall be referred to as 

‘‘strong Beer.’’ 

(c) ‘‘Gaming Facility’’ means a 

building or buildings and accessory 

improvements located on Tribal Land, 

as defined herein, and used in the 

operation of Class II or Class III Gaming, 

as applicable, including all land upon 

which the building or buildings are 

situated that is appropriated for the use 

of the Gaming Facility, together with all 

parts of the Gaming Site and all related 

appurtenances and fixtures, including 

any ancillary or related hotel, resort or 

entertainment facilities. 

(d) ‘‘Gaming Site’’ or ‘‘Site’’ means the 

tract or tracts of Tribal Land upon 

which a Gaming Facility is located. 

(e) ‘‘License’’ means a liquor license 

duly issued by the Tribal Gaming 

Commission pursuant to this Ordinance. 

(f) ‘‘Liquor’’ means the four varieties of 

liquor herein defined (Alcohol, Spirits, 

Wine and Beer), and all fermented 

spirituous, vinous, or malt liquor or 

combinations thereof, and mixed liquor, 

or a part of which is fermented, 

spirituous, vinous, or malt liquor, or 

otherwise intoxicating; and every other 

liquid or solid or semisolid or other 

substance, patented or not, containing 

Alcohol, Spirits, Wine or Beer, and all 

drinks or drinkable liquids and all 

preparations or mixtures capable of 

human consumption, and any liquid, 

semisolid, solid, or other substances 

that contains more than 1 percent of 

Alcohol by weight shall be conclusively 

deemed to be intoxicating. 

(g) ‘‘Management Contractor’’ means a 

Person (other than the Tribe) holding a 

management contract entered into 

pursuant to 25 U.S.C. 2710(d)(9) or 2711 

and approved by the National Indian 

Gaming Commission pursuant to Part 

532 (Approval of Management 

Contracts), Title 25, Code of Federal 

Regulations. 

(h) ‘‘Ordinance’’ means this Ponca 

Tribe of Indians of Oklahoma Liquor 

Control Ordinance of 2009. 

(i) ‘‘Patron’’ means a person visiting 

premises licensed pursuant to this 

Ordinance and having the intent to 

purchase any goods or services for sale 

to the general public therein. 

(j) ‘‘Person’’ means any natural person, 

partnership, corporation, limited 

liability company, association, other 

statutory business entity and any 

sovereign. The term also includes any 

Tribal Gaming Operations Authority 

duly constituted pursuant to the laws of 

the Tribe. 

(k) ‘‘Public Place’’ means any location 

or premises on Tribal Lands to which 

the general public has unrestricted 

access. 

(l) ‘‘Sale and Sell’’ means any 

exchange, barter, gift or traffic; and also 

includes the selling of or supplying or 

distributing, by any means whatsoever, 

of Liquor, or of any liquid known or 

described as Beer or by any name 

whatsoever commonly used to describe 

malt or brewed liquor or of wine by any 

Person to any Person and also includes 

giving away Liquor, Wine, Beer, or 

Spirits. 

(m) ‘‘Spirits’’ means any beverage, 

which contains Alcohol obtained by 

distillation, including wines exceeding 

17 percent of Alcohol by weight. 

(n) ‘‘State’’ means the State of 

Oklahoma and any of its agencies or 

instrumentalities. 

(o) ‘‘Tribal Business Committee’’ 

means the Ponca Business Committee as 

described in the Constitution of the 

Ponca Tribe of Indians of Oklahoma. 

(p) ‘‘Tribal Court’’ means a court duly 

constituted under the Constitution of 

the Ponca Tribe of Indians of Oklahoma, 

or so long as there be no such court, the 

Court of Indian Offenses sitting in 

Anadarko, Oklahoma, together with all 

tribunals provided for the appeal of the 

decisions of such court under Federal 

law. 

(q) ‘‘Tribal Gaming Commission’’ or 

‘‘Commission’’ means the Ponca Tribal 

Gaming Commission established 

pursuant to the Ponca Tribe of Indians 

of Oklahoma Gaming Ordinance for the 

purpose of performing regulatory 

oversight and to monitor compliance 

with tribal, Federal, and State 

regulations, including this Ordinance. 

(r) ‘‘Tribal Gaming Operation’’ means 

each economic unit that is licensed by 

the Tribe and owned, operated and 

managed through a Tribal Gaming 

Operations Authority duly constituted 

by the Tribal Business Committee or by 

a Management Contractor. 

(s) ‘‘Tribal Gaming Operations 

Authority’’ means a profit-making 

business unit of the Tribe pursuant to 

the laws of the Tribe and conducting 

Gaming on Tribal Lands under the 

authority of licenses granted by the 

Tribal Gaming Commission. 

(t) ‘‘Tribal Lands’’ means all land over 

which the Tribe exercises governmental 

power and that is either held in trust by 

the United States for the benefit of the 

Tribe or individual members of the 

Tribe and located within the boundaries 

of the Ponca Tribe’s original reservation 

as established in the Treaty of October 

21, 1867, as well as the 814.84 acres of 

land held in trust, for the Ponca Tribe, 

at the old Chilocco Indian School 

Reserve pursuant to Public Law 99–283 

(S 1684); May 1, 1986. 

(u) ‘‘Tribal Manager’’ means a natural 

person hired by the Tribal Gaming 

Operations Authority as a regular 

employee of the Tribe with overall 

management responsibility for a Tribal 

Gaming Operation and in the case of a 

Tribal Gaming Operations Authority 

each member of the Board of Trustees 

thereof. 

(v) ‘‘Tribe’’ means the Ponca Tribe of 

Indians of Oklahoma which is 

recognized by the United States 

Secretary of the Interior as eligible for 

the special programs and services 

provided by the United States to Indians 

because of their status as Indians and 

recognized as possessing powers of selfgovernment. 

(w) ‘‘Wine’’ means any Liquor 

obtained by fermentation of any fruits 

(grapes, berries, apples, etc.), or fruit 

juice and containing not more than 17 

percent of Alcohol by weight, including 

sweet wines fortified with wine spirits, 

such as port, sherry, muscatel, and 

angelica, not exceeding 17 percent of 

Alcohol by weight. 


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Article 6. Powers of Enforcement. 

(A) The Tribal Gaming Commission is 

hereby delegated primary regulatory 

authority over the subject matter of this 

Ordinance. The Tribal Gaming 

Commission, in furtherance of this 

Ordinance, has the following powers 

and duties: 

(1) To promulgate and publish such 

reasonable regulations regarding the sale 

of Liquor pursuant to this Ordinance as 

the Tribal Gaming Commission may 

from time to time deem to be 

appropriate; 

(2) To employ managers, accountants, 

security personnel, inspectors, and 

other such persons as may be reasonably 

necessary to allow the Tribal Gaming 

Commission to perform its functions, 

and such employees shall be tribal 

employees; 

(3) To issue Licenses permitting 

introduction, possession, and sale of 

Liquor on Tribal Lands; 

(4) To hold hearings on violations of 

this Ordinance or for the issuance, 

suspension, or revocation of Licenses 

for the sale of Liquor on Tribal Lands 

issued pursuant to this Ordinance; 

(5) To bring suit in the Tribal Court 

in the name of the Tribe to enforce this 

Ordinance, as the Tribal Gaming 

Commission may deem to be necessary; 

(6) To seek damages and collect civil 

fines imposed by the Tribal Gaming 

Commission for violations of this 

Ordinance; 

(7) To make reports, as may be 

required, of any violations under this 

Ordinance; 

(8) To collect License fees and fines 

set by the Tribal Gaming Commission 

under this Ordinance, and to keep 

accurate records, books and accounts of 

all such receipts; and 

(9) To exercise such other powers as 

are necessary and appropriate to fulfill 

the purposes of this Ordinance. 

(B) Civil Enforcement. The Tribal 

Gaming Commission may take any one 

or a combination of the following 

actions with respect to any person who 

violates any provision of this 

Ordinance: 

(1) Impose a civil fine not to exceed 

Five Hundred Dollars ($500) for each 

violation, and if such violation is a 

continuing violation, for each day of 

such violation; 

(2) Suspend or revoke any License 

issued by the Tribal Gaming 

Commission; and 

(a) The Tribal Gaming Commission 

may suspend or revoke a License for 

reasonable cause upon notice and 

hearing by the Tribal Gaming 

Commission at which the licensee shall 

be given at least twenty (20) days’ prior 

written notice, served upon the licensee 

by first-class mail or certified mail 

return receipt requested, at the notice 

address stated in the licensee’s most 

recent application, and stating the date 

and nature of the violation, the date, 

time and place of the hearing and the 

section or sections of this Ordinance 

that have been violated. 

(b) At such hearing, the licensee shall 

have the right to be represented by an 

attorney at law licensed in any state and 

shall have the opportunity to respond to 

any charges against it, to present 

evidence under oath, to cross-examine 

all witnesses and otherwise to 

demonstrate why the License should not 

be suspended or revoked. At such 

hearings, the Federal Rules of Evidence 

in effect at the time of the hearing shall 

be applied, hearsay evidence shall in 

any event not be competent, and the 

burden of persuasion shall be that of the 

Tribal Gaming Commission, by a 

preponderance of the evidence. 

(c) A decision of the Tribal Gaming 

Commission pursuant to such hearing 

may be appealed to the Tribal Court 

within thirty (30) days of such decision. 

(3) Bring an action in the Tribal Court 

for imposition of civil fines and 

remedial relief, including (but not 

limited to): 

(a) Restriction on the sale of liquor on 

Tribal Lands; 

(b) Suspension, revocation, or 

termination of the License and issuing 

an order suspending further commercial 

activities on Tribal Lands; 

(c) In the case of any non-member of 

the Tribe, expulsion and debarment of 

such persons from Tribal Lands; 

(d) Collection of any unpaid fees 

together with interest at the rate of two 

percent (2%) per month or fraction of a 

month; or 

(e) Execution of any nonexempt 

property of a violator located within the 

exterior boundaries of Tribal Lands. 

(C) Due Process Procedures for 

Imposition of Fine or Remedial Relief. 

(1) Imposition of fines or remedial 

relief by the Tribal Gaming Commission 

under Article 6(b)(3) shall require 

reasonable cause upon notice and a 

hearing held by the Tribal Gaming 

Commission at which the licensee shall 

be given at least twenty (20) days’ prior 

written notice, served upon the licensee 

by first-class mail or certified mail 

return receipt requested, at the notice 

address stated in the licensee’s most 

recent application, and stating the date 

and nature of the violation, the date, 

time and place of the hearing and the 

section or sections of this Ordinance 

that have been violated. 

(2) At such hearing, the licensee shall 

have the right to be represented by an 

attorney at law licensed in any state and 

shall have the opportunity to respond to 

any charges against it, to present 

evidence under oath, to cross-examine 

all witnesses and otherwise to 

demonstrate why such fine or remedial 

relief should not be imposed. At such 

hearing, the Federal Rules of Evidence 

in effect at the time of the hearing shall 

be applied, hearsay evidence shall in 

any event not be competent, and the 

burden of persuasion shall be that of the 

Tribal Gaming Commission, by a 

preponderance of the evidence. 

(3) A decision of the Tribal Gaming 

Commission pursuant to such hearing 

may be appealed to the Tribal Court 

within thirty (30) days of such decision. 

(D) Tribal Court Jurisdiction. 

The Tribal Court shall have 

jurisdiction over any civil action 

brought by the Tribal Gaming 

Commission under this Ordinance, any 

appeal of a decision of the Tribal 

Gaming Commission regarding 

suspension, revocation, fine, or 

remedial relief arising out of a violation 

of this Ordinance, and also shall have 

the authority to impose any and all 

sanctions that may be imposed by the 

Tribal Gaming Commission pursuant to 

this Ordinance. Upon a finding that a 

violation of this Ordinance has 

occurred, the Tribal Court may impose 

a civil penalty as provided in this 

Article for each separate violation in 

addition to any or all actual damages, 

administrative costs, court costs, and 

attorneys fees. 

(E) Inspection Rights. 

The Public Places on or within which 

Liquor is sold or distributed shall be 

open for inspection by the Tribal 

Gaming Commission at all reasonable 

times for the purposes of ascertaining 

compliance with this Ordinance and 

other regulations promulgated thereto. 

(F) Limitations on Powers. 

In the exercise of its powers and 

duties under this Ordinance, the Tribal 

Gaming Commission and its individual 

members shall not accept gratuity, 

compensation, or other things of value 

from any Liquor producer, wholesaler, 

retailer, or distributor or from any 

Liquor licensee, other than the License 

fees and penalties established pursuant 

to this Ordinance. 

(G) Prohibitions. 

(1) In any proceeding under this 

Article, proof of one unlawful sale or 

distribution of Liquor shall suffice to 

establish prima facie intent or purpose 

of unlawfully keeping Liquor for sale, 

selling Liquor, or distributing Liquor in 

violation of this Ordinance. 

(2) Any Person who shall sell or offer 

for sale or distribute or transport in any 

manner any Liquor in violation of this 


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Ordinance shall be guilty of violation of 

this Ordinance. Nothing in this 

Ordinance shall apply to the possession 

or transportation of any quantity of 

Liquor not purchased or otherwise 

acquired at any retail establishment on 

Tribal Lands and intended only by 

members of the Tribe for their personal 

or other non-commercial use. The 

possession, transportation, sale, 

consumption, or other disposition of 

Liquor outside of Tribal Lands shall be 

governed solely by the laws of the State 

of Oklahoma or other sovereign having 

jurisdiction. 

(3) Any Person who, in a Public Place, 

buys Liquor from any Person other than 

at a valid holder of a Liquor License 

issued by the Tribal Gaming 

Commission pursuant to this Ordinance, 

shall be guilty of a violation of this 

Ordinance. 

(4) Any Person who shall sell or offer 

for sale or distribute or transport in any 

manner, any Liquor in violation of this 

Ordinance, or who shall operate or shall 

have Liquor in his possession with 

intent to sell or distribute without a 

License or permit shall be guilty of a 

violation of this Ordinance. 

(5) No Person under the age of twentyone (21) shall consume, acquire or have 

in his/her possession any Liquor. Any 

Person violating this section in a Public 

Place shall be guilty of a separate 

violation of this Ordinance for each and 

every drink so consumed, acquired, or 

possessed. 

(6) Any Person who, in a Public Place, 

shall sell or provide any Liquor to any 

Person under the age of twenty-one (21) 

shall be guilty of a violation of this 

Ordinance for each such sale or drink 

provided. 

(7) Any Person who transfers in any 

manner an identification of age to a 

minor for the purpose of permitting 

such minor to obtain Liquor shall be 

guilty of a violation of this Ordinance, 

provided that corroborative testimony of 

a witness other than the minor shall be 

a requirement of a finding of a violation 

of this Ordinance. 

(8) Any Person who attempts to 

purchase Liquor through the use of a 

false or altered identification shall be 

guilty of a violation of this Ordinance. 

(9) Possession of Alcohol that has 

been brought by a Patron into a Public 

Place shall result in ejection of a Patron 

from the Public Place. 

(10) Liquor that is possessed contrary 

to the terms of this Ordinance are 

declared to be contraband. Any tribal 

agent, employee or officer who is 

authorized by the Commission to 

enforce this Ordinance shall have the 

authority to, and shall, seize all 

contraband. Any officer seizing 

contraband shall preserve the 

contraband in accordance with 

applicable law of the Tribe or State law. 

Upon being found in violation of this 

Ordinance by the Tribal Gaming 

Commission, the Person shall forfeit all 

right, title, and interest in the items 

seized and they shall become the 

property of the Tribe. 

(H) Penalties for Violations of the 

Ordinance. 

Any Person guilty of a violation of 

this Ordinance shall be liable to pay the 

Tribal Gaming Commission a civil fine 

not to exceed $500 per violation. In 

assessing the amount of such civil fine, 

the Tribal Gaming Commission may 

consider the licensee’s record of 

violations of this Ordinance involving 

the sale of Liquor, extenuating 

circumstances found upon the basis of 

credible evidence presented by the 

licensee at a hearing, and any adequacy 

found by the Tribal Gaming 

Commission of assurances of the 

licensee’s future compliance with this 

Ordinance with respect of the sale of 

Liquor and otherwise. Any person 

found guilty of a violation of this 

Ordinance may be assessed any costs 

associated with the collection and 

enforcement of the civil fine, including 

court costs and attorneys fees. 

Article 7. Sale of Liquor. 

(A) Licenses Required. No sale of 

Liquor shall be made on or within a 

Public Place without a Liquor License 

issued by the Tribal Gaming 

Commission pursuant to this Ordinance. 

(B) Sales for Cash. All Liquor sales at 

on Tribal Lands shall be on a cash only 

basis and no credit shall be extended to 

any Person, except that this provision 

does not prevent the payment for 

purchases with the use of cashiers or 

personal checks, payroll checks, debit 

cards or credit cards issued by any 

financial institution. 

(C) Sale for Personal Consumption. 

All sales shall be for the on-premise 

personal use and consumption by the 

purchaser or members of the purchaser’s 

household, including guests, who are 

over the age of twenty-one (21). 

(D) Resale of any Liquor purchased on 

Tribal Land. Any Person who is not 

licensed pursuant to this Ordinance 

who purchases Liquor on Tribal Lands 

and resells it, whether in the original 

container or not, shall be guilty of a 

violation of this Ordinance and shall be 

subjected to civil fines of up to five 

hundred dollars ($500.00) per sale, as 

determined by the Tribal Gaming 

Commission after notice and an 

opportunity to be heard. 

Article 8. Licensing. 

(A) No Person subject to the 

jurisdiction of the Tribe shall sell, 

barter, deal in or give away any Liquor 

on Tribal Lands unless duly licensed to 

do so by the Tribal Gaming Commission 

pursuant to this Ordinance. 

(B) Any Person desiring to sell Liquor 

on Tribal Lands shall before doing so 

apply to the Tribal Gaming Commission 

for a License to sell Liquor. Such 

application shall be made on forms 

prescribed by the Tribal Gaming 

Commission or, if no such forms have 

at the time of such application yet been 

prescribed, by letter providing all of the 

information required in respect of such 

application under Article 8(d) of this 

Ordinance, submitted together with 

payment of the non-refundable 

application fee. Such fee shall be in an 

amount to be prescribed by the Tribal 

Gaming Commission by rule. 

(C) State Licensing. No Person shall 

be allowed or permitted to sell Liquor 

on Tribal Lands unless such Person is 

also duly licensed to sell and possess 

Liquor under the applicable laws of the 

State of Oklahoma. 

(D) Application. Any Person applying 

for a License to sell Liquor on Tribal 

Lands shall complete and submit an 

application provided for this purpose by 

the Tribal Gaming Commission and pay 

such application fee as under this 

Ordinance may be set from time-to-time 

by the Tribal Gaming Commission for 

this purpose. An incomplete application 

will not be considered. License fees 

submitted pursuant to this Ordinance 

shall neither be refundable nor proratable. Such application shall at a 

minimum require the following: 

(1) Satisfactory proof that the 

applicant is duly licensed by the State 

to sell Liquor; 

(2) Satisfactory completion of a 

background investigation, including, but 

not limited to, a determination that the 

applicant is of good character and 

reputation and that the applicant is 

financially responsible; 

(3) The description and location of the 

Public Place in which the Liquor is to 

be sold and proof that the applicant is 

entitled to use such premises for such 

purposes for the duration of the time 

period of the License; 

(4) Agreement by the applicant to 

accept and abide by all conditions of the 

License, including consent to the 

jurisdiction and regulatory authority of 

the Tribe; 

(5) Payment of a fee established by the 

Commission; and 

(6) Satisfactory proof that neither the 

applicant, nor the applicant’s spouse, 

nor any principal owner, officer, 


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shareholder, or director of the applicant, 

has ever been convicted of a felony or 

a crime of moral turpitude as defined by 

the laws of the State. 

(E) Kinds of Licenses-Fees. The 

Licenses issued by the Tribal Gaming 

Commission and the biannual fees 

therefore shall be as follows: 

(1) On-Premise Retail License— 

$2000.00. For retail on-premise sale of 

Liquor for on-premise consumption. 

(2) Caterer License—$2000.00. For 

sale of Liquor for on-premise 

consumption at catered events. 

(3) Annual Special Event License— 

$100.00. For sale of Liquor for onpremise consumption at a special event. 

(4) Hotel/Club Beverage License— 

$2000.00 For sale of Liquor for onpremise consumption on hotel or club 

premises. Each License granted shall be 

valid for two (2) years from the date of 

issuance plus or minus any such period 

of less than one year as may be 

necessary to conform to a date for the 

renewal of all Licenses issued pursuant 

to this Ordinance, as established from 

time to time by rule of the Tribal 

Gaming Commission. Pursuant to the 

authority granted to the Tribal Gaming 

Commission under this Ordinance, the 

Tribal Gaming Commission may revise 

these License types and fees as 

appropriate from time to time at their 

discretion. The Tribal Gaming 

Commission may also assess an 

administrative fee for processing each 

License application, which shall be in 

addition to the License fee. 

(F) Issuance of License. The Tribal 

Gaming Commission may issue a 

License if it believes that: 

(1) the issuance of such a License 

would be in the best interest of the 

Tribe; and 

(2) the applicant is competent, eligible 

for a License under this Ordinance, and 

has demonstrated a substantial working 

understanding of this Ordinance and 

any other relevant State, Federal or 

Tribal laws applicable to the applicant’s 

sale of Liquor on Tribal Lands. 

Licensure under this Ordinance is a 

privilege, not a right, and the decision 

to issue any License rests in the sole 

discretion of the Tribal Gaming 

Commission. No member of the Tribal 

Gaming Commission shall be a part of 

the decision making process of an 

application submitted by a Tribal 

Gaming Commission member or any 

Person in the immediate family of a 

Tribal Gaming Commission member. 

(G) Conditions of License. 

(1) Any License issued under this 

Ordinance shall be subject to such 

reasonable conditions as the Tribal 

Gaming Commission shall fix, 

including, but not limited to, the 

following: 

(a) Term of License. Each License 

shall be for a term of two years from the 

date of issuance plus or minus any such 

period of less than one year as may be 

necessary to conform to a date for the 

renewal of all Licenses issued pursuant 

to this Ordinance, as established from 

time to time by rule of the Tribal 

Gaming Commission. 

(b) Temporary License. The Tribal 

Gaming Commission may grant a 

temporary permit for the sale of Liquor 

for a period not to exceed three days to 

any Persons applying for the same in 

connection with a tribal or community 

activity provided that the application 

requirements under this Ordinance have 

been satisfied. Each temporary permit 

issued shall specify the type of Liquor 

to be sold, the time, date and location 

permitted. A separate fee, set by the 

Tribal Gaming Commission, will be 

assessed for temporary permits. 

(c) Renewal of License. A licensee 

may renew its License(s) for successive 

periods of no more than 24 calendar 

months if it has complied in full with 

this Ordinance and has maintained all 

other licenses required by applicable 

law, provided however, the Tribal 

Gaming Commission may refuse to 

renew a License if it finds that doing so 

would not be in the best interests of the 

Tribe or the health and safety of Patrons. 

This subparagraph (c) shall not apply to 

Temporary Licenses issued under 

subparagraph (b) which shall not be 

subject to renewal. 

(d) Liquor shall be sold, served, 

disposed of, delivered, or given to any 

Person and consumed on the licensed 

premises in conformity with the hours 

and days prescribed by the laws of the 

State of Oklahoma and in accordance 

with the hours fixed by the Tribal 

Gaming Commission. 

(e) All acts and transactions under 

authority of a License shall be in 

conformity with State and Federal law, 

and shall be in accordance with this 

Ordinance and any License issued 

pursuant to this Ordinance. 

(H) Transferability of Licenses. Unless 

authorized in writing by the Tribal 

Gaming Commission, a License issued 

by the Tribal Gaming Commission shall 

not be transferable Person to Person or 

place to place and may only be utilized 

by the Person in whose name it was 

issued. 

Article 9. Licensee Prohibitions. 

(A) No licensee shall sell Liquor for 

consumption off the licensed premises. 

(B) No Person under the age of 

twenty-one (21) shall be sold, served, 

delivered, given, or allowed to consume 

Liquor on a licensed premises. 

(1) In any alleged violation arising out 

of sale of Liquor to a Person under the 

age of twenty one years, it shall be an 

affirmative defense that the licensee 

reasonably relied upon an apparently 

valid form of identification specified in 

Article 9(b). 

(2) Whenever it reasonably appears to 

a licensee’s employee duly dispensing 

Liquor pursuant to this Ordinance that 

a Person seeking to purchase Liquor is 

under the age of (27) years, the 

prospective purchaser shall not be 

served unless such Person exhibits at 

the time and place of sale, apparently 

and facially valid forms of the following 

documentary forms of identification 

which shows his/her correct age and 

bears his/her signature and photograph: 

(a) Driver’s license of any state or 

identification card issued by any State 

Department of Motor Vehicles; 

(b) United States Active Duty Military 

identification card; 

(c) United States Passport; or 

(d) A foreign passport accompanied 

by an entrance visa issued by the United 

States Department of State. 

(C) No licensee shall allow Liquor to 

be served by a barkeeper, wait staff or 

other Person employed by or working in 

a licensed premises who is under the 

age of twenty-one (21). 

(D) No Liquor shall be sold at any 

form of a discounted price such as (as 

non-limiting examples) two for one 

during certain times, half price during 

certain times, or consumption promoted 

by free food or by other complimentary 

goods or services provided in the 

vicinity of an in conjunction with the 

sale of Liquor. 

(E) No Liquor shall be given away. 

(F) No Person licensed to sell Liquor 

shall permit any gambling to occur on 

the licensed premises other than 

gambling permitted by the Gaming 

Ordinance of the Tribe at a Gaming 

Facility and pursuant to appropriate 

licenses granted therefore. 

(G) No licensee shall serve Liquor to 

any Patron or other Person who is 

visibly intoxicated or to any employee 

of the licensee. All licensees shall be 

privileged to refuse to serve Liquor to 

any Patron. 

Article 10. Taxes and Collection of Fees; 

Records. 

(A) The Tribe hereby levies a tax of 

3% (three percent) on each retail sale of 

Liquor on Tribal Lands. The Tribe 

reserves the right to adjust such tax from 

time to time by resolution as may be 

required and will provide written notice 

to the Tribal Gaming Commission of any 

changes in the amount of such retail tax. 


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23294 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 

The tax imposed by this section shall 

apply to all retail sales of Liquor on 

Tribal Lands. Such tax shall be in 

addition to any required Oklahoma 

State Alcohol tax on retail sales 

occurring on Tribal Lands. 

(B) Payment of Retail Liquor Tax to 

the Tribe. All tax from the retail sale of 

Liquor on Tribal Lands under this 

Ordinance shall be collected by 

licensees and paid to the Ponca Tribal 

Tax Commission. 

(C) Taxes Due; Returns. All fees upon 

the retail sale of Liquor shall be due and 

payable by licensees to the Ponca Tribal 

Tax Commission on the first day of the 

month following the end of each 

calendar quarter during the term of the 

License. Past due taxes shall accrue 

interest at two percent (2%) per month 

or fraction thereof, which interest shall 

be deemed to be an addition to the tax. 

With each payment of the tax, the 

licensee shall submit on forms 

prescribed by the Ponca Tribal Tax 

Commission, a return duly completed 

and certified as accurate. 

(D) Licensee’s Duty to Keep Records; 

Tribal Gaming Commission’s 

Prerogative to Audit Records. 

(1) Each licensee shall keep 

reasonable written records of its 

purchase of Liquor at wholesale, its sale 

of Liquor at retail and its payment of 

taxes imposed under this Ordinance. 

Such records shall conform to generally 

accepted accounting principles and to 

any regulations from time to time duly 

promulgated by the Tribal Gaming 

Commission, pursuant to this 

Ordinance. 

(2) Such records shall in any event 

include complete files of records of 

original entry, journals upon which all 

relevant transactions are recorded, and 

bank statements reflecting all purchases 

and sales of Liquor. 

(3) By the act of applying for a License 

to sell Liquor under this Ordinance, the 

applicant shall by operation of law be 

deemed to have irrevocably agreed to 

submit to the Tribal Gaming 

Commission and Ponca Tribal Tax 

Commission for review or audit the 

licensee’s books and records relating to 

the sale of Liquor. Said review or audit 

may be done periodically by the Tribal 

Gaming Commission or Ponca Tribal 

Tax Commission—through its agents or 

employees whenever in the discretion of 

the Tribal Gaming Commission or Ponca 

Tribal Tax Commission such a review or 

audit is necessary or otherwise 

appropriate to verify the accuracy of 

reports. 

(4) The Tribal Business Committee 

and the Ponca Tribal Tax Commission 

shall have access to all written records 

required to be maintained by Licensees 

under this Ordinance. 

(E) Disposition of Funds Collected by 

the Tribal Gaming Commission in 

respect of the Licensing and Sale of 

Liquor. 

(1) The gross proceeds collected by 

the Tribal Gaming Commission from the 

issuance of Licenses for the sale of 

Liquor and from proceedings involving 

violations of this Ordinance shall be 

distributed to the Tribal Gaming 

Commission for the payment of all 

necessary personnel, administrative 

costs, and legal fees incurred in the 

enforcement of this Ordinance, 

including, but not limited to, reasonable 

reserves in aggregate amounts of up to 

the full amount of the annual budget of 

the Tribal Gaming Commission plus 

$300,000. and any surplus over such 

amounts and reserve—shall as received 

be promptly paid over to the Ponca 

Tribal Tax Commission for use for the 

purposes of the Tribe. 

(2) The Tribal Gaming Commission 

shall provide an annual report to the 

Tribal Business Committee setting forth 

an accounting of the funds received and 

expended under this Ordinance. 

Article 11. Abatement. 

(A) Any Public Place where Liquor is 

sold, manufactured, bartered, 

exchanged, given away, furnished, or 

otherwise disposed of in violation of the 

provisions of this Ordinance, and all 

property kept in and used in 

maintaining such place, is hereby 

declared to be a public nuisance. 

(B) The Tribal Gaming Commission by 

its representative duly authorized by 

resolution by the Tribal Gaming 

Commission shall have standing, power 

and authority to institute and prosecute 

in an action in the Tribal Court or at the 

election of the Tribal Gaming 

Commission and subject to the 

jurisdictional rules that may apply, in 

the Federal District Court for the 

Western District of Oklahoma, a civil 

action to abate and enjoin any nuisance 

declared by the Tribal Gaming 

Commission under this Ordinance. 

(1) Upon establishment that probable 

cause exists to find that a nuisance 

exists, the court may grant restraining 

orders, temporary injunctions, and 

permanent injunctions in the case as in 

other injunction proceedings. Upon 

final judgment against the defendant, 

the court may also order the room, 

structure, or place closed for a period of 

one year or (if a lesser period is 

warranted) until the owner, lessee, 

tenant, or occupant thereof shall give 

bond of sufficient sum but not less than 

ten thousand dollars $10,000, payable to 

the Tribal Gaming Commission, 

(a) The bond must be, in form 

acceptable to the Tribal Gaming 

Commission, and 

(b) conditioned that Liquor will not be 

thereafter manufactured, kept, sold, 

bartered, exchanged, given away, 

furnished, or otherwise disposed of 

thereof in violation of the provision of 

this Ordinance, and that the defendant 

will pay all fines, costs and damages 

assessed against him/her for any 

violation of this Ordinance. 

(2) The Commission will return the 

bond to the owners, lessee, tenant, or 

occupant one year after submission of 

such bond to the Tribal Gaming 

Commission if the Commission has 

determined that there have been no 

further violations of the Ordinance 

within such period by the defendant. 

(3) If any conditions of the bond are 

violated, the whole amount may be 

forfeit and available for the use of Tribal 

Gaming Commission. 

(4) In all cases where any Person has 

been found responsible for a violation of 

this Ordinance relating to manufacture, 

importation, transportation, possession, 

distribution, and sale of Liquor: 

(a) An action may be brought to abate 

as a public nuisance the use of any real 

estate or other property involved in the 

violation of this Ordinance; and 

(b) Proof of violation of this 

Ordinance shall be prima facie evidence 

that the room, house, building, vehicle, 

structure, or place against which such 

action is brought is a public nuisance. 

Article 12. Severability. 

If any provision or application of this 

Ordinance is determined by review to 

be invalid, such determination shall not 

be held to render ineffectual the 

remaining portions of this Ordinance or 

to render such provisions inapplicable 

to other Persons or circumstances. Any 

and all prior tribal laws, resolutions or 

statutes of the Ponca Tribe of Indians of 

Oklahoma which are inconsistent with 

the provisions of this Ordinance are 

hereby rescinded and repealed to the 

extent inconsistent with this Ordinance. 

Article 13. Application of 18 U.S.C. 

1161. 

Federal law requires that any 

authorization for the sale of Liquor must 

be in conformity with the laws of the 

State and approved by an ordinance 

duly adopted by the tribe having 

jurisdiction over such area of Indian 

country. 

All acts and transactions under this 

Ordinance shall be in conformity with 

Federal law and the laws of the State of 

Oklahoma as applicable. 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 23295 

1No response to this request for information is 

required if a currently valid Office of Management 

and Budget (OMB) number is not displayed; the 

OMB number is 3117–0016/USITC No. 10–5–215, 

expiration date June 30, 2011. Public reporting 

burden for the request is estimated to average 15 

hours per response. Please send comments 

regarding the accuracy of this burden estimate to 

the Office of Investigations, U.S. International Trade 

Commission, 500 E Street, SW., Washington, DC 

20436. 

Article 14. Effective Date. 

This Ordinance shall be effective after 

the Secretary of the Interior certifies the 

Ordinance and on the date it is 

published in the Federal Register. 

Article 15. Sovereign Immunity. 

Nothing contained in this Ordinance 

is intended to, nor does it in any way, 

limits, alters, restricts, or waives the 

sovereign immunity of the Tribe or its 

agencies and instrumentalities from 

unconsented suit or action of any kind. 

Article 16. Duration. 

This Ordinance shall be perpetual 

until repealed or amended by the Ponca 

Tribe of Indians of Oklahoma. 

Article 17. Limitations. 

Notwithstanding anything contained 

herein to the contrary, until this 

Ordinance is further amended as 

provided in Article 16, no sale of Liquor 

shall be permitted on Tribal Lands other 

than at a Gaming Facility. 

[FR Doc. 2010–10251 Filed 4–30–10; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[WY–923–1310–FI; WYW164359] 

Notice of Proposed Reinstatement of 

Terminated Oil and Gas Lease, 

Wyoming 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice. 

SUMMARY: Under the provisions of the 

Mineral Lands Leasing Act of 1920, as 

amended, and Bureau of Land 

Management (BLM) regulations, the 

BLM received a petition for 

reinstatement from Western American 

Resources, LLC and East Resources, Inc. 

for competitive oil and gas lease 

WYW164359 for land in Goshen 

County, WY. The petition was filed on 

time and was accompanied by all the 

rentals due since the date the lease 

terminated under the law. 

FOR FURTHER INFORMATION CONTACT: 

Bureau of Land Management, Julie L. 

Weaver, Chief, Branch of Fluid Minerals 

Adjudication, at (307) 775–6176. 

SUPPLEMENTARY INFORMATION: The lessee 

has agreed to the amended lease terms 

for rentals and royalties at rates of $10 

per acre or fraction thereof, per year and 

162⁄3 percent, respectively. The lessee 

has paid the required $500 

administrative fee and $163 to 

reimburse the Department for the cost of 

this Federal Register notice. The lessee 

has met all the requirements for 

reinstatement of the lease as set out in 

Sections 31(d) and (e) of the Mineral 

Lands Leasing Act of 1920 (30 U.S.C. 

188), and the BLM is proposing to 

reinstate lease WYW164359 effective 

October 1, 2009, under the original 

terms and conditions of the lease and 

the increased rental and royalty rates 

cited above. The BLM has not issued a 

valid lease affecting the lands. 

Julie L. Weaver, 

Chief, Branch of Fluid Minerals Adjudication. 

[FR Doc. 2010–10294 Filed 4–30–10; 8:45 am] 

BILLING CODE 4310–22–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 701–TA–249 and 731– 

TA–262, 263, and 265 (Third Review)] 

Iron Construction Castings From 

Brazil, Canada, and China 

AGENCY: United States International 

Trade Commission. 

ACTION: Institution of five-year reviews 

concerning the countervailing duty 

order on ‘‘heavy’’ iron construction 

castings from Brazil, the antidumping 

duty order on ‘‘heavy’’ iron construction 

castings from Canada, and the 

antidumping duty orders on iron 

construction castings from Brazil and 

China. 

SUMMARY: The Commission hereby gives 

notice that it has instituted reviews 

pursuant to section 751(c) of the Tariff 

Act of 1930 (19 U.S.C. 1675(c)) (the Act) 

to determine whether revocation of the 

countervailing duty order on ‘‘heavy’’ 

iron construction castings from Brazil, 

the antidumping duty order on ‘‘heavy’’ 

iron construction castings from Canada, 

and the antidumping duty orders on 

iron construction castings from Brazil 

and China would be likely to lead to 

continuation or recurrence of material 

injury. Pursuant to section 751(c)(2) of 

the Act, interested parties are requested 

to respond to this notice by submitting 

the information specified below to the 

Commission; 1 to be assured of 

consideration, the deadline for 

responses is June 2, 2010. Comments on 

the adequacy of responses may be filed 

with the Commission by July 16, 2010. 

For further information concerning the 

conduct of these reviews and rules of 

general application, consult the 

Commission’s Rules of Practice and 

Procedure, part 201, subparts A through 

E (19 CFR part 201), and part 207, 

subparts A, D, E, and F (19 CFR part 

207), as most recently amended at 74 FR 

2847 (January 16, 2009). 

DATES: Effective Date: May 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Mary Messer (202–205–3193), Office of 

Investigations, U.S. International Trade 

Commission, 500 E Street, SW., 

Washington, DC 20436. Hearingimpaired persons can obtain 

information on this matter by contacting 

the Commission’s TDD terminal on 202– 

205–1810. Persons with mobility 

impairments who will need special 

assistance in gaining access to the 

Commission should contact the Office 

of the Secretary at 202–205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server (http:// 

www.usitc.gov). The public record for 

these reviews may be viewed on the 

Commission’s electronic docket (EDIS) 

at http://edis.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background.—The Department of 

Commerce issued antidumping duty 

orders on imports of ‘‘heavy’’ and ‘‘light’’ 

iron construction castings from Canada 

on March 5, 1986 (51 FR 7600) and from 

Brazil and China on May 9, 1986 (51 FR 

17220). On May 15, 1986, Commerce 

issued a countervailing duty order on 

imports of ‘‘heavy’’ iron construction 

castings from Brazil (51 FR 17786). On 

September 23, 1998, Commerce issued 

the final results of a changed 

circumstance review concerning iron 

construction castings from Canada, in 

which the antidumping duty order with 

respect to ‘‘light’’ castings was revoked 

(63 FR 50881). Following full first fiveyear reviews by Commerce and the 

Commission, effective November 12, 

1999, Commerce issued a continuation 

of the countervailing duty order on 

‘‘heavy’’ iron construction castings from 

Brazil, a continuation of the 

antidumping duty order on ‘‘heavy’’ iron 

construction castings from Canada, and 

a continuation of the antidumping duty 

orders on ‘‘heavy’’ and ‘‘light’’ iron 

construction castings from Brazil and 

China (64 FR 61590–61592). Following 

expedited second five-year reviews by 

Commerce and the Commission, 

effective June 29, 2005, Commerce 

issued a second continuation of the 

subject orders (70 FR 27326). The 

Commission is now conducting third 


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