35244 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Notices

Property Number: 219620865

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–4003

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620866

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–4310

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620867

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–5105

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620868

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–5200

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620869

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–5209

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620870

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–5211

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620871

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–5213

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620872

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–5216

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620873

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–8022

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620874

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–8023

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620875

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–8024

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620876

Status: Unutilized

Reason: Extensive deterioration.

Bldg. T–11722

U.S. Army Combined Arms Support

Command

Fort Lee Co: Prince George VA 23801–

Landholding Agency: Army

Property Number: 219620877

Status: Unutilized

Reason: Extensive deterioration.

Bldg. 15A

Norfolk Naval Shipyard

Portsmouth VA 23709–5000

Landholding Agency: Navy

Property Number: 779620048

Status: Unutilized

Reason: Within 2000 ft. of flammable or

explosive material; Secured Area.

Land (by State)

Kentucky

9 Tracts

Daniel Boone National Forest Co: Owsley Ky

37902–

Landholding Agency: GSA

Property Number: 549620012

Status: Excess

Reason: Floodway.

GSA Number: 4–G–KY–607.

Oregon

Cherry Creek Property Disposal

1.56 acres of land

Madras Co: Jefferson OR 97741–

Landholding Agency: Interior

Property Number: 619620008

Status: Unutilized

Reason: Within airport runway clear zone.

[FR Doc. 96–17016 Filed 7–3–96; 8:45 am]

BILLING CODE 4210–29–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Sac and Fox Nation Beer and Liquor

Act

AGENCY: Bureau of Indian Affairs.

ACTION: Notice.

SUMMARY: This Notice is published in

accordance with authority delegated by

the Secretary of the Interior to the

Assistant Secretary—Indian Affairs by

209 DM 8, and in accordance with the

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

U.S.C. 1161. I certify that by Resolution

SF–95–51, the Sac and Fox Nation Beer

and Liquor Act was duly adopted by the

Sac and Fox Nation on February 23,

1995. The Act provides for the

possession, sale, introduction for sale,

purchase, or other dealing in alcoholic

beverages within Sac and Fox Indian

country, as defined by 18 U.S.C. § 1151.

DATES: This Act is effective as of July 5,

1996.

FOR FURTHER INFORMATION CONTACT:

Chief, Branch of Judicial Services,

Division of Tribal Government Services,

1849 C Street, N.W., MS–4603–MIB,

Washington, D.C. 20240; telephone

(202) 208–4401.

SUPPLEMENTARY INFORMATION: The Sac

and Fox Nation Beer and Liquor Act is

to read as follows:

Sac and Fox Nation Beer and Liquor

Act

Section 1001. Title and Purpose

This chapter shall be known as the

Sac and Fox Nation Beer and Liquor

Act. These laws are enacted to regulate

the sale and distribution of liquor and

beer products on All Properties under

the jurisdiction of the Sac and Fox

Nation, and to generate revenue to fund

needed tribal programs and services.

Section 1002. Definitions

Unless otherwise required by the

context, the following words and

phrases shall have the designated

meanings:

a. ‘‘Nation/Tribe/Tribal’’ shall mean

the Sac and Fox Nation of Oklahoma.

b. ‘‘Business Committee’’ shall mean

the Sac and Fox Nation Business

Committee as constituted by Article III

of the Constitution of the Sac and Fox

Nation.

c. ‘‘Commission’’ shall mean the Sac

and Fox Tax Commission.

d. ‘‘Indian Country’’ shall mean

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

Section 1151 subject to the jurisdiction

of the Sac and Fox Nation, including

without limitation:

i. Tribal Trust Land. Any lands and

waters held in trust by the Federal

Government within the jurisdiction

of the Sac and Fox Nation;

ii. Tribal Properties in Trust Status

Process. Lands and waters in

process to achieve trust status

under the Federal Government

within the jurisdiction of the Sac

and Fox Nation;

iii. Other Properties. All other lands

and waters however acquired and

not currently in process to achieve

trust status under the Federal

Government within the jurisdiction

of the Sac and Fox Nation.
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Notices 35245

e. ‘‘Sale’’ shall mean the transfer,

exchange or barter, by any means

whatsoever, for a consideration by any

person, association, partnership, or

corporation, of liquor and beer products.

f. ‘‘Alcohol’’ means and includes

hydrated oxide of ethyl, ethyl alcohol,

ethanol, or spirits of wine, beer in

excess of 3.2% alcohol, from whatever

source or by whatever source or by

whatever process produced including

all dilutions and mixtures of this

substance.

g. ‘‘Beer’’ means any non-alcoholic

beverage containing 3.2% or less

alcohol and obtained by the alcoholic

fermentation of an infusion or decoction

of pure hops, or pure extract of hops,

barley, or other grain, malt or similar

products. ‘‘Beer’’ includes among other

things, beer, ale, stout, lager beer, porter

and other malt or brewed liquors.

h. ‘‘Liquor’’ or ‘‘Alcoholic Beverage’’

includes the four varieties of liquor

commonly referred to as alcohol, spirits,

wine, and beer in excess 3.2%, and all

fermented, spirituous, vinous or malt

liquor or any other intoxicating liquid,

solid, semi-solid or other substance,

patented or not, containing alcohol,

spirits, wine or beer and intended for

oral consumption.

i. ‘‘Outlet’’, ‘‘Liquor Outlet’’, or

‘‘Licensed Premises’’ means the location

within the Sac and Fox Indian Country

at which a person licensed to sell

alcoholic beverages under this Act

carries on such business, and includes

all related and associated facilities

under the control of the Licensee.

Moreover, where a Licensee’s business

is carried on as part of the operation of

an entertainment or recreation facility,

the ‘‘licensed premises’’ shall be

deemed to include the entire

entertainment or recreation facility and

associated areas.

j. ‘‘Operator’’ shall mean any person

twenty-one (21) years of age or older,

properly licensed by the Nation to

operate a liquor and/or beer outlet.

k. ‘‘License’’ shall mean the privilege

granted pursuant to this Act to any

person to sell or distribute liquor or beer

within the Sac and Fox Jurisdiction.

Section 1003. Prohibition

The sale, introduction for sale,

purchase, or other dealing in alcoholic

beverages, except as is specifically

authorized by this title, is prohibited

within the Sac and Fox Indian Country.

Section 1004. Liquor and Beer Control

Commission

The Sac and Fox Nation Tax

Commission shall be empowered to :

a. Administer this law by exercising

general control, management, and

supervision of all liquor and beer sales,

places of sale and sales outlets as well

as exercising all powers necessary to

accomplish the purposes of this law.

b. Adopt and enforce rules and

regulations in furtherance of the

purpose of this law and in the

performance of its administrative

functions.

Section 1005. Application for Liquor

and Beer Outlet License

a. Application. Any person twentyone (21) years of age or older, may apply

to the Commission for a liquor and/or

beer outlet license.

b. Licensing Requirements. The

person applying for such permit must

make a showing once a year, and must

satisfy the Commission; including the

following, but not limited to:

i. that he is person of good moral

character;

ii. that he has never been convicted of

violating any of the laws regarding

the regulation of any spirituous,

vinous, fermented or malt liquors,

or of the gambling laws of the

Nation, the State of Oklahoma, or

any other Tribe or State of the

United States, within three (3) years

immediately preceding the date of

his petition;

iii. that he has not violated the laws

commonly called ‘‘prohibition

laws’’;

iv. that she or he has not had any

permit or license to sell intoxicating

liquors revoked by any

governmental authority, within the

past twelve (12) months;

c. Processing of Application. The Sac

and Fox Nation Tax Commission

Chairperson or Authorized

Representative shall receive and process

applications and be the official

representative of the Nation and

Commission in matters relating to

receipt of applications and related

matters. If the Commission or its

authorized representative is satisfied

that the applicant is suitable and a

respectable person, the Commission or

its authorized representative may issue

a license for the sale of liquor and/or

beer products.

d. Application Fee. Each Beer License

application shall be accompanied by a

non-refundable application fee to be set

by regulation of the Commission, with

the concurrence of the Business

Committee.

e. Discretionary Licensing. Nothing

herein shall be deemed to create a duty

or requirement to issue a license.

Issuance of licenses is discretionary

upon the Commission’s determination

of the best interests of the Sac and Fox

Nation, and the license grants a

privilege, but not a property right, to sell

liquor and/or beer within the

jurisdiction of the Sac and Fox Nation

at the licensed outlet(s).

Section 1006. Liquor and Beer Licenses

Upon approval of an application, the

Commission shall issue the applicant a

liquor and/or beer license, for one year

from the date of issuance, which shall

entitle the operator to establish and

maintain only the type of outlet being

permitted. This license shall not be

transferable. The Licensee must

properly and publicly display the

license in the place of business. It shall

be renewable at the discretion of the

Commission, by submission of the

Licensee of subsequent application form

and payment of application fee as

provided in Section 1005.

Section 1007. Sales by Liquor

Wholesalers and Transport of Liquors

Upon Sac and Fox Indian Country

a. Right of Commission to Scrutinize

Suppliers. The Operation of any

licensed outlet shall keep the

Commission informed, in writing, of the

identity of suppliers and/or wholesalers

who supply or are expected to supply

liquor or beer stocks to the outlet(s). The

Commission may, at its discretion, limit

or prohibit the purchase of said stock

from a supplier or wholesaler for the

following reasons: non-payment of tribal

taxes; bad business practices, or sale of

unhealthy supplies. A ten (10) day

notice to stop supplier purchases will be

given by the Commission. However, a

Stop Purchase order may take effect

immediately if there is a health

emergency.

b. Freedom of Information from

Suppliers. Operators shall, in their

purchase of stock and in their business

relations with suppliers, cooperate with

and assist the free flow of information

and data to the Commission from

suppliers relating to the sales and

business arrangements between the

suppliers and Operators. The

Commission may, at its discretion,

require the receipts from the suppliers

of all invoices, bills of lading, billings or

other documentary receipts of sales to

the Operators.

c. Businesses shall comply with

applicable Tribal Laws, for

domestication or entry of Foreign

Corporations.

Section 1008. Sales by Retail Operators

a. Commission Procedures. The

Commission shall adopt procedures

which shall supplement these laws and

facilitate their enforcement. These

procedures shall include prohibitions

on sales to minors, where liquor may be
35246 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Notices

consumed, persons not allowed to

purchase alcoholic beverages, hours,

and days when outlets may be open for

business, and other appropriate matters

and controls.

b. Sales to Minors. No person shall

give, sell, or otherwise supply liquor or

beer to any person under twenty-one

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

own use or for the use of his or her

parents or for use of any other person.

c. Consumption of Beer or Liquor

Upon Licensed Premises shall be

prohibited in Sac and Fox Indian

Country until the Sac and Fox Business

Committee otherwise allows by

regulation.

d. Conduct on Licensed Premises.

i. No Operator shall be disorderly,

boisterous, or intoxicated on the

licensed premises or on any public

premises adjacent thereto which are

under his or her control, nor shall

he or she permit any disorderly,

boisterous, or intoxicated person to

be thereon; nor shall he or she use

or allow the use of profane or vulgar

language thereon.

ii. No Operator shall permit

suggestive, lewd, or obscene

conduct or acts on his or her

premises. For the purpose of this

section, suggestive, lewd or obscene

acts of conduct shall be those acts

or conduct identified as such by the

laws of the Nation.

e. Employment of Minors. No person

under the age of twenty-one (21) years

shall be employed in any service in

connection with the sale or handling of

liquor and/or beer, either on a paid or

voluntary basis.

f. Operator’s Premises Open to

Inspection. The premises of all

Operators, including vehicles used in

connection with beer or liquor sales,

shall be open at all times to inspection

by the Commission or its designated

representative.

g. Operator’s Record. The originals or

copies of all sales slips, invoices, and

other memoranda covering all purchases

of liquor by Operators shall be kept on

file on the retail premises of the

Operator purchasing the same, for at

least three (3) years after each purchase,

and shall be filed separately and kept

apart from all other records, and as

nearly as possible shall be filed in

consecutive order and each month’s

records kept separate so as to render the

same readily available for inspection.

All canceled checks, bank statements

and books of accounting covering or

involving the purchase of liquor, and all

memoranda, if any, showing payment of

money for liquor other than by check,

shall be likewise preserved for

availability for inspection.

h. Records Confidential. All records of

the Commission showing the purchase

of liquor by any individual or group

shall be confidential and shall not be

inspected except by members of the

Commission or its authorized

representative.

i. Conformity with State Law.

Operators shall comply with State

of Oklahoma Liquor and Beer

Control Standards to the extent

required by 18 U.S.C. 1161.

However, the Nation shall have the

fullest jurisdiction allowed under

Federal law over liquor and beer,

and related products or activities,

within the boundaries of all Sac and

Fox Indian Country.

Section 1009. Tribal Excise Tax

Imposed Upon Distribution of Liquor

a. Nation Excise Taxes. The Nation

shall have authority to assess and

collect tax on sales of liquor and beer

products to the consumer or purchaser.

The tax shall be collected and paid to

the Sac and Fox Tax Commission upon

all Liquor and Beer products sold

within the jurisdiction of the Nation.

The Nation may establish differing tax

rates for any given class of merchandise,

which shall be paid prior to the time of

retail sale and delivery thereof.

b. Added to Retail Price. An excise

tax, to be set by the Business Committee

of the Sac and Fox Nation, on the

wholesale price shall be added to the

retail selling price of liquor and beer

products sold to the consumer or

purchaser. All taxes paid pursuant to

this Act shall be conclusively presumed

to be direct taxes on the retail consumer

precollected for the purposes of

convenience and facility only.

c. Within 72 hours after receipt of any

beer or alcoholic beverages by any

wholesaler or retailer subject to this Act

a tribal tax stamp shall be securely

affixed thereto denoting the tribal tax

thereon. Retailers or sellers of beer or

alcoholic beverages within the Nation’s

jurisdiction may buy and sell or have in

their possession only beer or alcoholic

beverages which have the tribal tax

stamp affixed to each package.

Section 1010. Liability for Bills

The Nation and/or the Commission

shall have no legal responsibility for any

unpaid bills owed by a liquor or beer

outlet to a wholesale supplier or any

other person or entity.

Section 1011. Other Business by

Operator

An Operator may conduct another

business simultaneously with managing

a liquor or beer outlet: PROVIDED, if

such other business is in any manner

affiliated or related to the beer or liquor

outlet it must be approved by majority

vote of the Commission prior to

initiation. Said other business may be

conducted on the same premises as a

liquor or beer outlet, but the Operator

shall be required to maintain books of

account that clearly differentiate the

liquor or beer portion of the business.

Section 1012. Tribal Liability and Credit

a. Unless explicitly authorized by

Tribal statute, Operators are forbidden

to represent or give the impression to

any person or entity that he or she is an

official representative of either the

Nation or the Commission authorized to

pledge tribal credit or financial

responsibility for any of the expenses of

his or her business operation. The

Operator shall hold the Nation harmless

from all claims and liability of whatever

nature. The Commission shall revoke

Operator’s outlet license(s) if said

outlet(s) is not operated in a

businesslike manner or if it does not

remain financially solvent or does not

pay its operating expenses and bill

before they become delinquent.

b. Insurance. The Operator shall

maintain at his or her expense adequate

insurance covering liability, fire, theft,

vandalism, and other insurance risks.

The Commission may establish as a

condition of any license, the required

insurance limits and any additional

coverage deemed advisable, proof of

which shall be filed with the

Commission.

Section 1013. Audit and Inspection

a. All of the books and other business

records of the outlet shall be available

for inspection and audit by the

Commission or its authorized

representative at any reasonable time.

b. Bond for Excise Tax. The excise tax

together with reports on forms to be

approved by the Commission shall be

remitted to the Commission office on a

monthly basis, unless otherwise

specified in writing by the Commission.

The Operator shall furnish a satisfactory

bond to the Commission in an amount

to be specified by the Commission,

guaranteeing his or her payment of

excise taxes.

Section 1014. Revocation of Operator’s

License

Failure of an Operator to abide by the

requirements of this Act and any

additional regulations or requirements

imposed by the Commission will

constitute grounds for revocation of the

Operator’s license as well as

enforcement of the penalties provided

in Section 1015 of this Act.
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Notices 35247

a. Upon determining that any person

licensed by the Sac and Fox to sell beer

or alcoholic beverages is for any reason

no longer qualified to hold such license

or reasonably appears to have violated

any terms of the license or tribal

regulation, including failure to pay taxes

when due and owing, or has been found

by any forum of competent jurisdiction,

including the Commission, to have

violated the terms of a tribal or state

license or of any provision of this title,

the Chairman shall immediately serve

written notice upon the Licensee

directing that he show cause within ten

(10) days why his or her Sac and Fox

license should not be revoked or

restricted. The notice shall state the

grounds relied upon for the proposed

revocation or restriction.

b. If the Licensee fails to respond to

the notice within ten (10) days of

service, the Chairman may issue an

order revoking the license or placing

such restrictions of the license as the

Chairman deems appropriate, effective

immediately. The Licensee may, within

the 10 day period, file with the Office

of the Chairman a written response and

request for hearing before the

Commission.

c. At the hearing, the Licensee may

present evidence and argument directed

at the issue of whether or not the

asserted grounds for the proposed

revocation or restriction are in fact true,

and whether such grounds justify the

revocation or modifications of the

license. The Nation may present other

evidence as it deems appropriate.

d. The Commission after considering

all of the evidence and arguments shall

issue a written decision either

upholding the license, revoking the

license or imposing some lessor penalty

(such as a temporary suspension or a

fine), and such decision shall be final

and conclusive.

e. The Commission’s final decision,

upon posting a bond with the Court

sufficient to cover the Commission’s

final hearing assessment or ruling, may

be appealed by Licensee to the Sac and

Fox Court. Any findings of fact of the

Commission are conclusive upon the

Court unless clearly contrary to law.

The purposes of Court review are not to

substitute the Court’s finding of facts or

opinion for the Commission’s but to

guarantee due process of law. If the

Court should rule for the appealing

party, the court may order a new

hearing giving such guidance for the

conduct of such as it deems necessary

for a fair hearing. No damages or monies

may be awarded against the

Commission, its members, nor the

Nation and its agents and employees in

such an action.

Section 1015. Violations—Penalties

Any person who violates these laws

or elicits, encourages, directs or causes

to be violated these laws shall be guilty

of an offense and subject to a fine.

Failure to have a current, valid or

proper license shall not constitute a

defense to an alleged violation of the

licensing laws or regulations. The Sac

and Fox Nation Court System will have

jurisdiction over the proceedings.

a. Any person convicted of

committing any violation of this Act

shall be subject to punishment of up to

one year imprisonment and/or a fine not

to exceed Five Thousand Dollars

($5,000.00).

b. Additionally, any person upon

committing any violation of any

provision of this Act may be subject to

a civil action for trespass, and upon

having been determined by the Court to

have committed the violation, shall be

found to have trespassed upon the lands

of the Sac and Fox Nation, and shall be

assessed such damages as the Court

deems appropriate in the circumstances.

c. Any person suspected of having

violated any provision of this Act shall,

in addition to any other penalty

imposed hereunder, be required to

surrender any beer or alcoholic

beverages in such person’s possession to

the officer making the arrest or

complaint. The surrendered beverages,

if previously unopened, shall only be

returned upon a finding by the Court

after trial that the individual committed

no violation of this Title.

d. Any Operator who violates the

provisions set forth herein shall forfeit

all of the remaining stock in the

outlet(s). The Commission shall be

empowered to seize forfeited products.

e. Any stock, goods or other items

subject to this Act that have not been

registered, licensed, or taxes paid shall

be contraband and subject to immediate

confiscation by the Commission or its

employees or agents, Provided, that

within 15 days of the seizure the

Commission shall cause to be filed an

action against such property alleging the

reason for the seizure or confiscation,

and upon proof, the Court shall order

the property forfeited and title vested in

the Sac and Fox Nation of Oklahoma.

f. Physical seizure of items shall be in

accordance with the provisions

contained in Title 14, chapter 1, General

Revenue and Taxation.

Section 1016. Possession for Personal

Use

Possession of beer or alcoholic

beverages for the personal use by

persons over the age of 21 years shall,

unless otherwise prohibited by Federal

or Tribal law or regulation, be lawful

within the Sac and Fox Indian Country,

so long as such beer or alcoholic

beverages were lawfully purchased from

an establishment duly licensed to sell

such beverages, whether on or off the

Sac and Fox Indian Country and

consumed within a private residence or

location, or at a location or facility

specifically licensed for the public

consumption of alcoholic beverages.

Section 1017. Transportation Through

Reservation Not Affected

Nothing herein shall pertain to the

otherwise lawful transportation of beer

or alcoholic beverages through the Sac

and Fox Indian Country by persons

remaining upon public highways and

where such beverages are not delivered,

or sold or offered for sale to anyone

within the Sac and Fox Indian Country.

Section 1018. Separability

If any provision of these laws is held

invalid, the remainder of the laws and

their application to other persons or

circumstances is not affected.

Section 1019. Relation to Other Sac and

Fox Laws

All prior statutes, ordinances, and

resolutions enacted by the Sac and Fox

Nation regulating, authorizing,

prohibiting or in any way relating to the

sale of beer or alcoholic beverages

within the Sac and Fox Indian Country

are hereby repealed and have no further

force or effect.

Section 1020. Sovereign Immunity

Preserved

Nothing in this statute shall be

construed as a waiver or limitation of

the sovereign immunity of the Sac and

Fox Indian Nation or its agencies, nor

their officers or employees.

Section 537. Possession of an Alcoholic

Beverage.

(a). It shall be unlawful to buy, sell,

give away, consume, furnish, or possess

any beer, ale, wine, liquor, spirits, or

any other beverage or product

containing alcohol for ingestion by

human beings; or to appear or be found

in a place where beer or alcoholic

beverages are sold and/or consumed,

except as allowed by the Sac and Fox

Beer and Liquor Act or regulation there

under.

Dated: June 25, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–17089 Filed 7–3–96; 8:45 am]

BILLING CODE 4310–22–P