Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 54607 

the use of false or altered identification 

which falsely purports to show the 

individual to be over the age of 21 years 

shall be guilty of violating this 

Ordinance. 

4.6.11 Any person guilty of a 

violation of this Ordinance shall be 

liable to pay the Tribe the amount of 

$500 per violation as civil damages to 

defray the Tribe’s cost of enforcement of 

this Ordinance. 

4.6.12 When requested by the 

provider of liquor, any person shall be 

required to present official 

documentation of the bearer’s age, 

signature and photograph. Official 

documentation includes one of the 

following: 

(1) Driver’s license or identification 

card issued by any state department of 

motor vehicles; 

(2) United States Active Duty Military 

ID; 

(3) Passport. 

4.6.13 Liquor which is possessed, 

including for sale, contrary to the terms 

of this Ordinance is declared to be 

contraband. Any Tribal agent, employee 

or officer who is authorized by the 

Tribal Council to enforce this section 

shall seize all contraband and preserve 

it in accordance with the provisions 

established for the preservation of 

impounded property. 

4.6.14 Upon being found in 

violation of the Ordinance, the party 

shall forfeit all right, title and interest in 

the items seized which shall become the 

property of the Tribe. 

Section 4.7 Abatement. 

4.7.1 Any room, house, building, 

vehicle, structure, or other place where 

liquor is sold, manufactured, bartered, 

exchanged, given away, furnished, or 

otherwise disposed of in violation of the 

provisions of this Ordinance or of any 

other Tribal law relating to the 

manufacture, importation, 

transportation, possession, distribution, 

and sale of liquor, and all property kept 

in and used in maintaining such place, 

is hereby declared to be a nuisance. 

4.7.2 The Chairman of the Tribal 

Councilor, if the Chairman fails or 

refuses to do so, by a majority vote, the 

Tribal Council shall institute and 

maintain an action in the name of the 

Tribe to abate and perpetually enjoin 

any nuisance declared under this 

Ordinance. In addition to all other 

remedies at Tribal law, the Tribal Court 

may also order the room, house, 

building, vehicle, structure, or place 

closed for a period of one (1) year or 

until the owner, lessee, tenant, or 

occupant thereof shall give bond of 

sufficient sum of not less than $25,000 

payable to the Tribe and on the 

condition that liquor will not be 

thereafter manufactured, kept, sold, 

bartered, exchanged, given away, 

furnished, or otherwise disposed of 

thereof in violation of the provisions of 

this Ordinance or of any other 

applicable Tribal law and that they will 

pay all fines, costs and damages 

assessed against them for any violation 

of this Ordinance. If any conditions of 

the bond be violated, the bond may be 

recovered for the use of the Tribe. 

4.7.3 In all cases where any person 

has been found in violation of this 

Ordinance relating to the manufacture, 

importation, transportation, possession, 

distribution, and sale of liquor, an 

action may be brought to abate as a 

nuisance any real estate or other 

property involved in the violation of the 

Ordinance and 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. 

Section 4.8 Authority of CEO 

4.8.1 The Tribal Council hereby 

authorizes the Chief Executive Officer to 

promulgate such rules, regulations, 

policies and procedures which he/she 

deems necessary to implement the 

provisions of this Ordinance. 

Certification of Adoption 

I, Heather Johnson Jock, Secretary of 

the Jamestown S’Klallam Tribal 

Council, do hereby certify that the 

foregoing Jamestown S’Klallam Liquor 

Control Ordinance was adopted at a 

meeting of the Jamestown S’Klallam 

Tribal Council held on the 19th day of 

Feb., 2008, at the Jamestown S’Klallam 

Tribal Office in Blyn, Washington, and 

where a quorum was present and 

approving the Ordinance by resolution 

by a vote of 5 FOR and 0 AGAINST with 

0 ABSTAINING. 

\s\ Heather Johnson Jock 

Heather Johnson Jock, Secretary of the 

Tribal Council 

[FR Doc. E8–21996 Filed 9–19–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Sac & Fox Tribe of the Mississippi in 

Iowa Liquor Control Code 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Liquor Control Code of the Sac & Fox 

Tribe of the Mississippi in Iowa. The 

Code regulates and controls the 

possession, sale, and consumption of 

liquor within the tribal lands. The tribal 

lands are located in Indian Country and 

this Code allows for possession and sale 

of alcoholic beverages within their 

boundaries. This Code will increase the 

ability of the tribal government to 

control the tribe’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 September 22, 2008. 

FOR FURTHER INFORMATION CONTACT: 

David Christensen, Tribal Operations 

Officer, Midwest Regional Office, One 

Federal Drive, Room 550, Ft. Snelling, 

MN 55111, Telephone (612) 725–4554; 

or Elizabeth Colliflower, Office of Tribal 

Services, 1849 C Street, NW., Mail Stop 

4513–MIB, Washington, DC 20240; 

Telephone (202) 513–7627; Fax (202) 

501–0679. 

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 Sac & Fox Tribe of the Mississippi 

in Iowa, Tribal Council adopted this 

Liquor Code on June 11, 2008. The 

purpose of this Code is to govern the 

sale, possession and distribution of 

alcohol within the Sac & Fox Tribe of 

the Mississippi in Iowa tribal land. 

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 Liquor Control Code of 

the Sac & Fox Tribe of the Mississippi 

in Iowa was duly adopted by the Sac & 

Fox Tribal Council on June 11, 2008. 

Dated: September 11, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

The Sac & Fox Tribe of the 

Mississippi in Iowa Liquor Control Code 

reads as follows: 


sroberts on PROD1PC70 with NOTICES
54608 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 

SAC & FOX TRIBE OF THE 

MISSISSIPPI IN IOWA 

TITLE 21. LIQUOR CONTROL 

ARTICLE I 

GENERAL PROVISIONS 

CHAPTER 1. GENERALLY 

Sec. 21–1101. Authority and Purpose. 

The purpose of this Title is to regulate 

and control the distribution, possession 

and sale of liquor within lands subject 

to the jurisdiction of the Sac and Fox 

Tribe of the Mississippi in Iowa. The 

authority for enactment of this Title is 

as follows: 

(a) The Act of August 15, 1953, (Pub. 

L. 83–277, 67 Stat. 586, codified at 18 

U.S.C. § 1161), which provides a federal 

statutory basis for the Tribe to regulate 

the activities of the manufacture, 

distribution, sale and consumption of 

liquor on Indian lands under the 

jurisdiction of the Tribe; and 

(b) Article X, Section 1 (e), (h), (k), 

and (n) of the Constitution and Bylaws 

of the Sac and Fox Tribe of the 

Mississippi in Iowa, which vests the 

Tribal Council with legislative and 

administrative authority to protect and 

preserve the property and natural 

resources of the Tribe; to protect the 

peace, safety, and general welfare of the 

Tribe; to preserve order among members 

of the Tribe; to impose license fees on 

persons coming upon Tribal Lands to do 

business; and otherwise empowers the 

Tribal Council to act for the Tribe. This 

Title 21 was approved and adopted by 

the Tribal Council on June 11, 2008 by 

Resolution No. 10–2008. 

Sec. 21–1102. Public Policy. 

It is the policy of the Tribe to strictly 

limit the sale of liquor on Tribal Lands. 

The Tribal Council has determined that 

the regulated sale and consumption of 

Alcoholic Beverages at the site of the 

Casino Property is an appropriate 

activity that will enhance the revenues 

of the Tribe’s Casino Enterprise. 

Accordingly, sales of Alcoholic 

Beverages shall be permitted, but shall 

be geographically limited to Casino 

Property and strictly regulated in 

accordance with this Title and the 

Regulations. 

Sec. 21–1103. Citation. 

This Title shall be cited as the ‘‘Sac 

and Fox Tribe of the Mississippi in Iowa 

Liquor Control Act’’ and may also be 

referred to as ‘‘Title 21.’’ 

Sec. 21–1104. Federal Approval. 

This Title, as of the Effective Date, has 

been approved by the United States 

Secretary of the Interior, in accordance 

with 18 U.S.C. Section 1161. 

Sec. 21–1105. Effective Date. 

This Title is effective as of September 

22, 2008, the date of publication in the 

Federal Register. 

Sec. 21–1106. Definitions. 

Unless the context requires otherwise, 

as used in this Title: 

(a) ‘‘Alcoholic Beverage’’ means any 

intoxicating liquor, beer, or any wine as 

defined under the provisions of this 

Title. 

(b) ‘‘Application’’ means a formal 

written request for the issuance of a 

Liquor License, supported by a verified 

statement of facts, as described in detail 

at Section 21–3107 of this Title. 

(c) ‘‘Beer’’ means any liquid capable 

of being used for beverage purposes 

made by the fermentation of an infusion 

in potable water of barley, malt, and 

hops, with or without unmalted grains 

or decorticated and degerminated grains 

or made by the fermentation of or by 

distillation of the fermented products of 

fruit, fruit extracts, or other agricultural 

products, containing more than one-half 

of one percent of alcohol by volume but 

not more than five percent of alcohol by 

weight but not including mixed drinks 

or cocktails mixed on the premises. 

(d) ‘‘Casino Enterprise’’ means the 

Meskwaki Bingo Casino Hotel, a casino 

and hotel operation located on Tribal 

Lands and wholly owned by the Tribe. 

(e) ‘‘Casino Property’’ means all real 

property, including the buildings, 

adjacent parking lots and all related 

infrastructure that comprise the Casino 

Enterprise. 

(f) ‘‘Code’’ means the Code of the Sac 

and Fox Tribe of the Mississippi in 

Iowa, including any amendments 

thereto. 

(g) ‘‘Director’’ means the Director of 

Liquor Control as described in detail at 

Section 21–2102 of this Title. 

(h) ‘‘Distributor’’ means a Person duly 

licensed by the State and the Tribe who 

is entitled to purchase, sell, 

manufacture, deliver and/or distribute 

all forms of Alcoholic Beverages to 

licensed retail establishments within the 

State, including the Casino Enterprise. 

(i) ‘‘Intoxicating Liquor’’ means any 

liquid either commonly used, or 

reasonably adopted to use for beverage 

purposes, containing in excess of three 

and two-tenths percentum of alcohol by 

weight. This shall include any type of 

wine, regardless of alcohol content. 

(j) ‘‘Liquor License’’ means a Tribal 

liquor license issued in accordance with 

Chapter 3 of this Title. 

(k) ‘‘Person’’ means any individual, 

association, partnership, corporation, 

joint venture or other form of business 

association. 

(l) ‘‘Qualified Sponsor’’ means the 

sponsor of a Special Event, which may 

be (i) a duly authorized representative of 

the Casino Enterprise, (ii) a State 

licensed distributor, wholesaler or 

manufacturer of Alcoholic Beverages; or 

(iii) other Person possessing the 

requisite license and other legal 

authority to conduct the proposed 

activity on Tribal Lands. 

(m) ‘‘Regulations’’ means all 

Regulations adopted under this Title in 

accordance with Section 21–2103 

hereof. 

(n) ‘‘Sale’’ or ‘‘Sell’’ means and 

includes the exchange, barter, and 

traffic and also includes the selling or 

supplying or distributing by any means 

whatsoever of any Intoxicating Liquor or 

beer. 

(o) ‘‘Special Event’’ means any social, 

charitable or for-profit discreet activity 

or event (i) licensed hereunder; (ii) 

conducted on Casino Property by a 

Qualified Sponsor; and (iii) overseen by 

Casino Enterprise management, at 

which Alcoholic Beverages are sold by 

a vendor, wholesaler or distributor 

licensed by the State and/or the Tribe, 

as applicable. 

(p) ‘‘State’’ means the State of Iowa. 

(q) ‘‘Tribal Constitution’’ means the 

Constitution and Bylaws of the Sac and 

Fox Tribe of the Mississippi in Iowa, 

approved by the Secretary of the Interior 

on October 15, 1937, and any 

amendments thereto. 

(r) ‘‘Tribal Council’’ means the duly 

elected governing body of the Tribe. 

(s) ‘‘Tribal Lands’’ means all land 

owned by the Tribe over which the 

Tribe exercises jurisdiction, whether 

held in trust for the Tribe by the United 

States of America for the benefit of the 

Tribe, owned in fee simple by the Tribe, 

or otherwise. 

(t) ‘‘Tribe’’ means the Sac and Fox 

Tribe of the Mississippi in Iowa. 

(u) ‘‘Wholesaler’’ means any person, 

other than a vintner, brewer or bottler of 

beer or wine, who shall sell, barter, 

exchange, offer for sale, have in 

possession with intent to sell, deal or 

traffic in alcoholic liquor, wine, or beer. 

A wholesaler shall not sell for 

consumption upon Tribal Lands. 

(v) ‘‘Wine’’ means any beverage 

containing more than five percent of 

alcohol by weight but not more than 

seventeen percent of alcohol by weight 

or twenty-one and twenty-five 

hundredths percent of alcohol by 

volume obtained by the fermentation of 

the natural sugar contents of fruits or 

other agricultural products but 

excluding any product containing 

alcohol derived from malt or by the 

distillation process from grain, cereal, 

molasses, or cactus. 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 54609 

Sec. 21–1107. Construction. 

This Title shall be interpreted and 

applied in a manner consistent with all 

other laws, ordinances, resolutions, and 

regulations of the Tribe. 

Sec. 21–1108. Severability. 

If a court of competent jurisdiction 

finds any provision of this Title to be 

invalid or illegal under applicable 

Federal or Tribal law, such provision 

shall be severed from this Title and the 

remainder of this Title shall remain in 

full force and effect. 

Sec. 21–1109. Headings. 

Headings contained herein shall not 

be deemed to govern, limit, modify, or 

in any manner affect the scope, 

meaning, or intent of the provisions of 

any portion of this Title. 

Sec. 21–1110. Amendments. 

This Title may be amended only upon 

an affirmative vote of a majority of the 

Tribal Council, the approval of the 

Secretary, and the publication of the 

approved amendment in the Federal 

Register. 

CHAPTER 2. REGULATION OF 

INTOXICATING LIQUOR. 

Sec. 21–2101. General Prohibition 

It shall be unlawful to manufacture 

for sale, sell, offer, or keep for sale, 

possess or transport all forms of 

Intoxicating Liquor or beer except upon 

the terms, conditions, limitations, and 

restrictions specified in this Title and 

the Regulations. 

Sec. 21–2102. Director Appointment 

and Authority. 

The Tribal Council shall appoint a 

Director of Liquor Control who shall 

have the following duties and authority: 

(a) To publish and enforce this Title 

and the rules and Regulations governing 

the sale, manufacture, and distribution 

of Intoxicating Liquor and beer on 

Tribal Lands; 

(b) To employ or procure the services 

of managers, accountants, security 

personnel, inspectors, and such other 

persons as shall be reasonably necessary 

to allow the Director and/or the Tribal 

Council to perform their respective 

functions under this Title; 

(c) To issue Liquor Licenses, with the 

approval of the Tribal Council, 

permitting the sale or distribution of 

liquor on Tribal Lands; 

(d) To convene and facilitate Tribal 

Council hearings on violations of this 

Title for the issuance or revocation of 

licenses hereunder; 

(e) To bring suit in the appropriate 

court to enforce this Title as necessary; 

(f) To determine and seek damages for 

violation of this Title; 

(g) To make such reports as may be 

required; 

(h) To compile information and 

conduct background investigations to 

determine the suitability of an applicant 

for a Liquor License; 

(i) To collect fees levied or set in 

accordance with this Title, and to keep 

accurate records, books and accounts; 

(j) To develop forms for applications, 

licenses and other matters covered by 

this Title; 

(k) To take or facilitate all action 

necessary to follow or implement 

applicable provisions of State law, as 

required; 

(l) To coordinate with other 

departments and agencies of the Tribe to 

ensure the effective enforcement of this 

Title and the Regulations; and 

(m) To exercise such other powers as 

are necessary and appropriate to fulfill 

the purposes of this Title. 

Sec. 21–2103. Promulgation of 

Regulations. 

The Director is hereby authorized to 

make rules and Regulations not 

inconsistent with this Title to the end 

that this Title shall be applied and 

administered uniformly throughout 

Tribal Lands. All such proposed 

Regulations shall be first submitted to 

the Tribal Council for consideration, 

possible revision and final approval. 

Following approval by the Tribal 

Council, copies of all Regulations shall 

be made available to all persons subject 

to this Title. 

Sec. 21–2104. Director as Employee of 

Tribe. 

The Director and other individuals 

employed under the Director’s 

supervision shall be employees of the 

Tribe. The Director may be removed for 

cause at any time by vote of the Tribal 

Council. 

Sec. 21–2105. Interim Appointment. 

As of the Effective Date, the Tribal 

Council designates the Tribe’s Executive 

Director to serve as the Director of 

Liquor Control until such time as a 

permanent appointment is made in 

accordance with this Title. 

Sec. 21–2106. Inspection Rights. 

The premises on which Intoxicating 

Liquor and beer is sold or distributed 

shall be open for inspection by the 

Director or his designee at all reasonable 

times for the purpose of ascertaining 

whether this Title and the rules and 

Regulations promulgated hereunder are 

being strictly followed. 

Sec. 21–2107. Tribal Control of 

Importation and Sale of Intoxicating 

Liquor. 

The Tribal Council shall have the sole 

and exclusive right to control and 

restrict the importation of all forms of 

Intoxicating Liquor and beer, except as 

otherwise provided in this Title and no 

person or organization shall so import 

any such Intoxicating Liquor or beer 

into the Tribal Lands, unless authorized 

by a Liquor License issued under this 

Title. No licensed distributor, 

wholesaler or distillery shall sell any 

form of Intoxicating Liquor or beer 

within the Tribal Lands to any person 

or organization unless licensed 

hereunder and except as otherwise 

provided in this Title. It is the intent of 

this Section to retain in the Tribal 

Council exclusive control within Tribal 

Lands as the sole authorizer and 

controller of all forms of Intoxicating 

Liquor and beer sold by retailers, 

distributors, wholesalers or vendors 

within the Tribal Lands or imported 

therein, and except as otherwise 

provided in this Title. The powers of the 

Director under this Title are by express 

delegation of the Tribal Council. 

Sec. 21–2108. Limitation on Powers. 

In the exercise of their respective 

powers and duties under this Title, the 

Director, the Tribal Council, and their 

individual members, representatives 

and employees, shall not accept any 

gratuity, compensation or other thing of 

value from any liquor wholesaler, 

retailer, or distributor or from any 

licensee or applicant under this Title. 

Sec. 21–2109. Possession of Liquor 

Contrary to this Title. 

All forms of Intoxicating Liquor and 

beer which are possessed contrary to the 

terms of this Title are declared to be 

contraband. Any Tribal agent, 

employee, or officer who is authorized 

by this Title and the Regulations to 

enforce this Section shall have the 

authority to and shall seize all 

contraband. 

Sec. 21–2110. Disposition of Seized 

Contraband. 

Any officer, employee or agent of the 

Tribe seizing contraband shall preserve 

the contraband in accordance with 

applicable law. Upon being found in 

violation of this Title, the party shall 

forfeit all right, title and interest in the 

items seized which shall become the 

property of the Tribe. 


sroberts on PROD1PC70 with NOTICES
54610 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 

CHAPTER 3. LIQUOR LICENSES. 

Sec. 21–3101. Power to License and 

Tax. 

The power to establish licenses and 

levy taxes under the provisions of this 

Title is vested exclusively with the 

Tribal Council. The Tribal Council has 

delegated certain authority and 

responsibilities to the Director of Liquor 

Control and to the Tax Director, each in 

accordance with the express provisions 

in this Title and Title 17 (Taxation). The 

Tribal Council retains primary 

responsibility for implementation, 

oversight and enforcement of this Title. 

Sec. 21–3102. Types of Licenses 

There is hereby authorized three 

categories of Liquor Licenses, as 

follows: 

Class I—Retail, 

Class II—Special Event, and 

Class III—Distributor. 

Sec. 21–3103. Class I—Retail License 

Description. 

Only one Class I Retail License shall 

be permitted under this Title. Such 

license shall be approved subject to the 

Director’s determination, with the 

concurrence of the Tribal Council, that 

all of the conditions set forth at Section 

21–3108 have been fully satisfied. Upon 

recommendation of the Director, the 

Tribal Council may, on or following the 

Effective date, issue a Class I—Retail 

License to the business operation of the 

Tribe known as the ‘‘Meskwaki Bingo 

Casino Hotel.’’ The Class I—Retail 

License shall entitle the Casino 

Enterprise to sell at retail in restaurants, 

bars, and other areas designated by 

Regulation, any Alcoholic Beverages 

permitted hereunder. All such sales 

shall be strictly limited to the physical 

area defined herein as the Casino 

Property. All purchases, deliveries and 

retail sales of Alcoholic Beverages on 

the Casino Property shall be in strict 

compliance with this Title, the terms of 

the Liquor License and the Regulations 

promulgated hereunder. 

Sec. 21–3104. Class II—Special Event 

License Description. 

Upon (i) request of the General 

Manager of the Casino Enterprise or his 

designee, and (ii) recommendation of 

the Director, a Class II—Special Event 

License may be issued by the Tribal 

Council to the Qualified Sponsor of a 

Special Event. The duration of such 

license shall be established at the time 

of issuance; provided, however, the 

duration shall not be longer than 

fourteen (14) days. The license shall 

entitle the Qualified Sponsor to sell at 

retail the type(s) of Alcoholic Beverages 

specified in the license. All Alcoholic 

Beverage sales approved under the 

terms of the Class II—Special Event 

License shall comply in all respects 

with this Title and the Regulations 

promulgated hereunder. 

Sec. 21–3105. Class III—Distributor 

License Description. 

A Class III—Distributor License may 

be issued to an applicant who (i) is 

licensed by the State to purchase all 

forms of Intoxicating Liquor and beer at 

wholesale and to distribute to retail 

outlets in the State, and (ii) who meets 

the criteria under this Title and the 

Regulations to sell Intoxicating Liquor 

and beer to the Casino Enterprise. 

Sec. 21–3106. Term of Licenses. 

The terms of the various Liquor 

Licenses are as follows: 

Class I—Retail: two years; 

Class II—Special Events: one to 

fourteen days; and 

Class III—Distributor: two years. 

Sec. 21–3107. Procedure for Obtaining 

Licenses. 

(a) The Class I—Retail License 

authorized hereunder shall be issued to 

the Casino Enterprise subject to a 

recommendation by the Director and a 

determination by the Tribal Council’s 

that the Casino Enterprise has satisfied 

the criteria described in Section Sec. 

21–3108 of this Title. 

(b) A Class II—Special Event License 

may be issued upon recommendation of 

the Director to an applicant who meets 

the definition of a Qualified Sponsor. 

The process for application shall be 

established by Regulation and shall 

include proof that the applicant holds 

all necessary State licenses. 

(c) A Class III—Distributor License 

may be issued upon recommendation of 

the Director to an applicant who meets 

the criteria for a Distributor. The process 

for application shall be established by 

Regulation and shall include proof that 

the Applicant holds all necessary State 

licenses. 

(d) In the event dual Tribal and State 

licenses are required by State law, no 

Person shall be allowed or permitted to 

sell, distribute or provide Intoxicating 

Liquor or beer on Tribal Lands unless 

such person is also licensed by the 

State, as required, to sell or provide 

such Intoxicating Liquor and beer. 

Sec. 21–3108. Conditions to Issuance of 

Class I—Retail License. 

In addition to requirements 

established by Regulation and other 

provisions of this Title, Tribal Council 

may, upon recommendation of the 

Director, issue the Class I—Retail 

License to the Casino Enterprise only 

after the Tribal Council has determined 

to its satisfaction that the Casino 

Enterprise has adopted and is prepared 

to implement the following procedures 

and requirements, as necessary to 

ensure compliance with this Title and 

the Regulations: 

(a) Security and surveillance 

procedures ensuring the proper use and 

handling of all forms of Alcoholic 

Beverages; 

(b) Appropriate revenue and 

accounting procedures pertaining to the 

purchase and sale of Alcoholic 

Beverages; 

(c) Inventory control procedures and 

adequate storage, dispensing, service, 

management, pricing and security 

measures relating to the purchase and 

sale of Alcoholic Beverages; 

(d) Identification procedures to ensure 

that no person under the age of twentyone will be served any form of 

Alcoholic Beverage; 

(e) Procedures ensuring that all 

aspects of Alcoholic Beverage 

management, purchase and sale comply 

with Tribal and any applicable State 

laws; 

(f) Casino personnel have received 

appropriate training relating to 

compliance with this Title and the 

Regulations, service of Alcoholic 

Beverages, safety, health, revenue 

management and patron management 

issues; 

(g) The Gaming Commission has 

reviewed the procedures for Alcoholic 

Beverage sales and has determined that 

such sales are not in violation of any 

provision of the Tribal-State Compact, 

the Gaming Code, the Gaming 

Regulations or other applicable law 

relating to gaming; and 

(h) Such other requirements as the 

Director and the Tribal Council shall 

impose by Regulation. 

Sec. 21–3109. Content of Liquor License 

Application. 

(a) No Class II or Class III Liquor 

License shall issue under this Title 

except upon a sworn Application filed 

with the Director containing a full and 

complete showing of the following: 

(1) Satisfactory proof that the 

applicant is licensed by the State to sell, 

distribute, manufacture or transport, as 

applicable, Intoxicating Liquor and/or 

beer. 

(2) Agreement by the applicant to 

accept and abide by Tribal law and all 

conditions of the Tribal license. 

(3) Payment of a license fee as 

prescribed by the Director. 

(4) Satisfactory proof that the 

applicant has not been convicted of a 


sroberts on PROD1PC70 with NOTICES
Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 54611 

felony or had his/her/its State license 

revoked or suspended. 

(5) Satisfactory proof that notice of the 

Application has been posted in a 

prominent, noticeable place on the 

premises where intoxicating beverages 

are to be sold for at least 30 days prior 

to consideration by the Tribal Council 

and has been published at least once in 

the Tribal newspaper. The notice shall 

state the date, time, and place when the 

application shall be considered by the 

Tribal Council pursuant to Sec. 21–3110 

of this Title. 

(b) Any holder of a Tribal Liquor 

License shall be required to comply, as 

a condition of retaining such license, 

with all applicable Tribal laws and 

regulations. 

Sec. 21–3110. Hearing on Application 

for Tribal Liquor License. 

(a) All applications for a Tribal Liquor 

License shall, upon recommendation of 

the Director, be considered by the Tribal 

Council in open session at which the 

applicant, his/her attorney, and any 

person protesting the application shall 

have the right to be present, and to offer 

sworn oral or documentary evidence 

relevant to the Application. After the 

hearing, the Tribal Council, by vote and 

Resolution, shall determine whether to 

grant or deny the application based on: 

(1) Whether the requirements of this 

Title and the Regulations have been 

met; and 

(2) Whether the Director, with the 

approval of the Tribal Council, in its 

discretion, determines that granting the 

license is in the best interest of the 

Tribe. 

(c) In the event the applicant for the 

Class II—Special Event License is a duly 

authorized representative of the Casino 

Enterprise, the requirements of this 

Section may be modified upon a 

showing by the applicant that all safety, 

health, security, inventory control, 

management and other matters 

pertaining to the Special Event conform 

in all respects with this Title and the 

Regulations. 

Sec. 21–3111. License Fees. 

The fee schedule for Liquor Licenses 

shall be established by the Director with 

the approval of the Tribal Council. 

Sec. 21–3112. License not a Property 

Right. 

Notwithstanding any other provision 

of this Title, a Tribal Liquor License is 

a mere permit for a fixed duration of 

time. A Tribal Liquor License shall not 

be deemed a property right or vested 

right of any kind, nor shall the granting 

of a Tribal Liquor License give rise to a 

presumption of legal entitlement to a 

license in a subsequent time period. 

Sec. 21–3113. No Transfer or 

Assignment. 

No Tribal Liquor License issued 

under this Title may be assigned or 

transferred without the prior written 

approval of the Tribal Council, as 

expressed by formal Resolution. 

Sec. 21–3114. Revocation of License. 

Upon recommendation of the 

Director, the Tribal Council may revoke 

a Liquor License for reasonable cause 

upon notice and hearing at which the 

licensee shall be given an opportunity to 

respond to any charges against it and to 

demonstrate why the Liquor License 

should not be suspended or revoked. 

CHAPTER 4. REGULATION OF 

LIQUOR SALES AND DISTRIBUTION. 

Sec. 21–4101. Retail Sales Limited to 

Tribal Casino Enterprise. 

The retail sale of Intoxicating Liquor 

on Tribal Lands shall be prohibited 

except for (i) retail sales that comply 

with this Title, and (ii) retail sales that 

occur within the Casino Property. 

Sec. 21–4102. Importation and Delivery 

of Liquor. 

No Intoxicating Liquor or beer may be 

imported for resale or otherwise 

distributed on Tribal Lands except in 

conformance with this Title. 

Sec. 21–4103. Additional Prohibitions. 

(a) A person shall not sell or dispense 

any Alcoholic Beverage on the premises 

covered by the Tribal Liquor License 

except in conformance with the days 

and hours established by the State 

during which Alcoholic Beverages may 

be sold at retail for consumption on the 

premises. 

(b) 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 a motor 

vehicle or shall have any Alcoholic 

Beverage in his/her possession with 

intent to sell or distribute without a 

license, shall be guilty of a violation of 

this Title. 

(c) Any person who sells any form of 

Intoxicating Liquor or beer to a person 

apparently under the influence of liquor 

shall be guilty of a violation of this 

Title. 

Sec. 21–4104. Use and Consumption. 

All Alcoholic Beverage sales shall be 

for the personal use and consumption of 

the purchaser. Resale of any Alcoholic 

Beverage purchased within Tribal Lands 

is prohibited. Any person who is not 

licensed pursuant to this Title who 

purchases an Alcoholic Beverage within 

Tribal Lands and sells it, whether in the 

original container or not, shall be guilty 

of a violation of this Title and shall be 

subject to criminal and/or civil penalties 

under this Title, the Law and Order 

Code, and the Regulations. 

Sec. 21–4105. Cash Sales Only. 

All sales of Alcoholic Beverages 

within Tribal Lands shall be on a cash 

only basis and no credit shall be 

extended to any person, organization, or 

entity, except that this provision does 

not prevent the use of major credit 

cards. 

Sec. 21–4106. Tribal Sales Tax. 

a) The Tribal Tax Director shall have 

jurisdiction over all matters pertaining 

to a sales tax on Alcoholic Beverages 

sold on Tribal Lands. The amount of 

such tax shall be determined by the 

Tribal Tax Director with the approval of 

the Tribal Council, all in accordance 

with Title 17 (Taxation) of the Code. 

b) The Tribal Treasurer shall establish 

a tax revenue account for the Tribe. The 

money received by the Tax Department 

from the taxes imposed by this Title 

shall be credited by the Treasurer to the 

tax revenue account of the Tribe to be 

used in the provision of tribal 

governmental services, including, but 

not limited to health, education, safety 

and welfare. 

CHAPTER 5. AGE AND OTHER 

RESTRICTIONS. 

Sec. 21–5101. Sales to Persons Under 

21. 

It shall be unlawful to sell or give any 

Alcoholic Beverage to any person under 

the age of twenty-one (21) years. Any 

Person who violates this section shall be 

guilty of a Class 4 Offense as described 

at Sec. 13–51107 of the Law and Order 

Code of the Tribe. Violations of this 

Section by persons or entities which are 

not subject to the criminal jurisdiction 

of the Tribe may, following notice and 

a hearing, be subject to a civil penalty 

in accordance with the Regulations 

promulgated hereunder. The levy of a 

civil penalty by the Director under this 

Section is in addition to the power to 

suspend or revoke any Liquor License 

and to report such violation to the 

appropriate State authorities. 

Sec. 21–5102. Purchase, Possession by 

Minor. 

It shall be unlawful for any person 

under the age of twenty-one (21) years 

to purchase, attempt to purchase or 

possess or consume any form of 

Alcoholic Beverage, or to misrepresent 

his age for the purpose of purchasing or 

attempting to purchase such Alcoholic 

Beverage. Any person who violates any 


sroberts on PROD1PC70 with NOTICES
54612 Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices 

of the provisions of this section shall be 

guilty of a Class 5 offense as described 

at Section 13–51113 of the Law and 

Order Code of the Tribe. Violations of 

this Section by persons or entities 

which are not subject to the criminal 

jurisdiction of the Tribe may, following 

notice and a hearing, be subject to a 

civil penalty in accordance with the 

Regulations promulgated hereunder. 

The levy of a civil penalty by the 

Director under this Section is in 

addition to the power to suspend or 

revoke any license and to report such 

violation to the appropriate State 

authorities. 

Sec. 21–5103. Evidence of Legal Age 

Demanded. 

Upon attempt to purchase any 

Alcoholic Beverage at a site licensed 

under this Title by any person who 

appears to the seller to be under legal 

age, such seller shall demand, and the 

prospective purchaser upon such 

demand, shall present satisfactory 

evidence that he or she is of legal age. 

Any person under legal age who 

presents to any seller falsified evidence 

as to his or her age shall be guilty of a 

Class 5 Offense under Sec. 13–51113 of 

the Law and Order Code of the Tribe. 

CHAPTER 6. JURISDICTION, 

PENALTIES AND ENFORCEMENT. 

Sec. 21–6101. Jurisdiction 

All licensees and others who 

voluntarily enter onto Tribal Lands and 

transact business or otherwise engage in 

activity governed by this Title 

voluntarily submit to the jurisdiction of 

the Tribe and the personal jurisdiction 

of the Tribal Court System for purposes 

of enforcement of this Title and the 

Regulations. 

Sec. 21–6102. Civil Penalties. 

The Director shall recommend to the 

Tribal Council a schedule of civil 

penalties and administrative fines as he/ 

she deems necessary for the effective 

enforcement of this Title. Such schedule 

shall be considered and adopted by the 

Tribal Council in the form of a 

Regulation in accordance with Section 

21–2103 of this Title. The imposition of 

any civil penalty or administrative fine 

shall not limit the ability of the Tribal 

Council, upon recommendation of the 

Director, to suspend or revoke any 

license issued hereunder for the 

violation of any of the provisions of this 

Title or the Regulations. The Director 

shall also propose regulations relating to 

the process for administrative hearings 

before the Tribal Council. [All final 

administrative orders may be appealed 

to the Tribal Court.] 

Sec. 21–6103. Criminal Violations. 

All criminal violations hereunder 

shall be prosecuted in accordance with 

laws of the Tribe, and applicable federal 

law. In the event a criminal act is 

committed by a person over whom the 

Tribe does not exercise criminal 

jurisdiction, then the matter may be 

referred to appropriate State authorities 

for prosecution under State law. 

CHAPTER 7. USE OF PROCEEDS AND 

INTERPRETATION. 

Sec. 21–7101. Application of Proceeds. 

The gross proceeds collected by the 

Director from all licensing activities 

under this Title and from fines imposed 

as a result of violations of this Title, 

shall be applied as follows: 

a) First, for the payment of all 

necessary personnel, administrative 

costs, and legal fees incurred in the 

enforcement of this Title; and 

b) Second, the remainder shall be 

deposited in the operating fund of the 

Tribe and expended by the Tribal 

Council for governmental services and 

programs on Tribal Lands. 

Sec. 21–7102. Consistency With State 

Law. 

All provisions and transactions under 

this Title shall be in conformity with 

State law regarding alcohol to the extent 

required by 18 U.S.C. Section 1161 and 

with all federal laws regarding alcohol 

in Indian Country, as defined at 18 

U.S.C. Section 1151. 

Sec. 21–7103. No Impact on Tribal 

Sovereignty. 

Nothing in this Title shall be applied 

or interpreted to in any manner limit the 

immunity of the Tribe from uncontested 

suit or to otherwise limit the sovereign 

status of the Tribe. 

Sec. 21–7104. Prior Enactments 

Repealed. 

All prior Tribal enactments, laws, 

ordinances, resolutions or provisions 

thereof that are repugnant or 

inconsistent to any provision of this 

Title are hereby repealed. 

[FR Doc. E8–22019 Filed 9–19–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[UTU 80808] 

Notice of Proposed Withdrawal and 

Transfer of Jurisdiction; Utah 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of realty action. 

SUMMARY: The Department of Energy 

(DOE) has filed an application 

requesting the Secretary of the Interior 

to withdraw approximately 936 acres of 

land from the United States mining and 

mineral leasing laws and transfer 

jurisdiction to the DOE. The land would 

be used for ancillary facilities at the 

DOE’s Crescent Junction Uranium Mill 

Tailings Repository in connection with 

moving the Moab Mill Site uranium mill 

tailings to the Repository. Except for 

existing claims, rights, and interests, 

including oil and gas leases that would 

be retained by the Secretary of the 

Interior, full management, jurisdiction, 

authority, responsibility, and liability 

for all activities conducted on the land 

would be vested in the DOE. 

DATES: Comments must be received on 

or before December 22, 2008. 

ADDRESSES: Comments should be sent to 

the Moab Field Office Manager, Bureau 

of Land Management, 82 East Dogwood 

Avenue, Moab, Utah 84532. 

FOR FURTHER INFORMATION CONTACT: 

Mary von Koch, Realty Specialist, Moab 

Field Office at the above address, 435– 

259–2128. 

SUPPLEMENTARY INFORMATION: The DOE 

has filed an application with the Bureau 

of Land Management (BLM) requesting 

the Secretary of the Interior withdraw 

the following described land from 

mining and mineral leasing and transfer 

jurisdiction to the DOE, subject to valid 

existing claims, rights, and interests: 

Salt Lake Meridian 

T. 21 S., R. 19 E., 

Sec. 22, S1⁄2, excluding SE1⁄4SE1⁄4SW1⁄4, 

NE1⁄4SW1⁄4SE1⁄4, S1⁄2SW1⁄4SE1⁄4, and 

SE1⁄4SE1⁄4; 

Sec. 23, S1⁄2, excluding S1⁄2S1⁄2N1⁄2SW1⁄4, 

S1⁄2SW1⁄4, and W1⁄2SW1⁄4SW1⁄4SE1⁄4; 

Sec. 26, the land lying North of the railroad 

right-of-way, excluding 

W1⁄2W1⁄2NW1⁄4NE1⁄4, N1⁄2NW1⁄4, 

N1⁄2SW1⁄4NW1⁄4, N1⁄2NE1⁄4SE1⁄4NW1⁄4, 

and NW1⁄4SE1⁄4NW1⁄4; 

Sec. 27, the land lying North of the railroad 

right-of-way, excluding N1⁄2NE1⁄4, 

SW1⁄4NE1⁄4, N1⁄2SE1⁄4NE1⁄4, 

SW1⁄4SE1⁄4NE1⁄4, E1⁄2NE1⁄4NW1⁄4, and 

E1⁄2SE1⁄4NW1⁄4. 

The area described contains 

approximately 936 acres in Grand 

County. 

The purpose is to transfer jurisdiction 

of the 936 acres to the DOE and to 

protect DOE’s ancillary facilities at the 

DOE’s Crescent Junction Uranium Mill 

Tailings Repository in connection with 

moving the Moab Mill Site uranium mill 

tailings to the Repository. 

The land proposed for transfer is 

located within a temporary DOE 

withdrawal created by Public Land 

Order No. 7649, and is therefore already 


sroberts on PROD1PC70 with NOTICES