Notice2021-27496
Kaw Nation Alcohol Ordinance of 2019; Repeal and Replace
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 20, 2021
Effective
January 19, 2022
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes the Kaw Nation Alcohol Ordinance of 2019 which repeals and replaces the Kaw Nation Alcohol Control Ordinance previously published in the Federal Register and any and all previous statutes. The Kaw Nation Alcohol Ordinance of 2019 regulates and controls the possession, sale, manufacture, and distribution of liquor on the Kaw Nation trust lands in conformity with the Federal laws and of the State of Oklahoma where applicable and necessary. The enactment of this Ordinance will provide and important source of tax revenue for the continued operation and strengthening the Kaw Nation government and the delivery of tribal government services and, the economic viability of tribal enterprises.
Full Text
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<title>Federal Register, Volume 86 Issue 241 (Monday, December 20, 2021)</title>
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[Federal Register Volume 86, Number 241 (Monday, December 20, 2021)]
[Notices]
[Pages 71905-71915]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-27496]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[222A2100DD/AABB003600/A0T902020.253G]
Kaw Nation Alcohol Ordinance of 2019; Repeal and Replace
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Kaw Nation Alcohol Ordinance of 2019
which repeals and replaces the Kaw Nation Alcohol Control Ordinance
previously published in the Federal Register and any and all previous
statutes. The Kaw Nation Alcohol Ordinance of 2019 regulates and
controls the possession, sale, manufacture, and distribution of liquor
on the Kaw Nation trust lands in conformity with the Federal laws and
of the State of Oklahoma where applicable
[[Page 71906]]
and necessary. The enactment of this Ordinance will provide and
important source of tax revenue for the continued operation and
strengthening the Kaw Nation government and the delivery of tribal
government services and, the economic viability of tribal enterprises.
DATES: This ordinance shall take effect on January 19, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government
Officer, Southern Plains Regional Office, Bureau of Indian Affairs,
Post Office Box 368, Anadarko, Oklahoma 73005, Telephone: (405) 247-
1534 or (405) 247-6673, Fax: (405) 247-9240.
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.
On April 13, 2018, the Kaw Nation Tribal Council duly adopted the
Kaw Nation Alcohol Ordinance of 2019 by Resolution 19-37, which will
repeal, upon its effective date, the Kaw Nation Alcohol Control
Ordinance, which was published in the Federal Register on July 31, 2009
at 74 FR 38220. Although, the Kaw Nation Alcohol Ordinance of 2019 was
adopted by the Kaw Nation Tribal Council on April 13, 2019, it does not
become effective until published in the Federal Register.
This notice is published in accordance with the delegated authority
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the Kaw Nation Tribal Council duly adopted the
Kaw Nation Alcohol Ordinance of 2019 by Resolution No. 19-37 on April
13, 2019.
Bryan Newland,
Assistant Secretary--Indian Affairs.
Kaw Nation
Alcohol Ordinance of 2019
Contents
Article I--Introduction
Section 1.1 Title
Section 1.2 Authority
Section 1.3 Purpose
Section 1.4 Application of Federal Law
Section 1.5 Administration of Ordinance
Section 1.6 Sovereign Immunity Preserved
Section 1.7 Applicability
Section 1.8 Computation of Time
Section 1.9 Liberal Construction
Section 1.10 Collection of Applicable Fees, Taxes, or Fines
Article II--Declaration of Public Policy
Section 2.1 Matter of Special Interest
Section 2.2 Federal Law
Section 2.3 Need for Regulation
Section 2.4 Geographic Locations
Section 2.5 Definitions
Article III--Sales of Alcoholic Beverages
Section 3.1 Prohibition of the Unlicensed Sale of Alcoholic
Beverages
Section 3.2 Sales for Cash
Section 3.3 Personal Consumption
Section 3.4 Tribal Enterprises
Section 3.5 Right of Alcohol Regulatory Authority To Scrutinize
Licenses
Section 3.6 Freedom of Information From Manufacturers,
Suppliers, and Wholesalers
Section 3.7 Alcohol Regulatory Authority Retail Sales
Regulations
Section 3.8 Sales to Minors
Section 3.9 Consumption of Alcohol Upon Licensed Premises
Section 3.10 Conduct on Licensed Premises
Section 3.11 Employment of Minors
Section 3.12 Display of License
Section 3.13 Licensed Premises Open to Alcohol Regulatory
Authority Inspection
Section 3.14 Licensee's Records
Section 3.15 Records Confidential
Section 3.16 Conformity With Federal and State Law
Article IV--Licensing
Section 4.1 License Required
Section 4.2 Licensing Procedures
Section 4.3 Appeals to the Alcohol Regulatory Authority for
Denial of License
Section 4.4 Classes of Licenses
Section 4.5 Revocation of License
Section 4.6 Revocation Proceedings on Revocation of License
Section 4.7 Transferability of Licenses
Section 4.8 Posting of License
Section 4.9 Specification of Premises
Article V-- Fees 30
Section 5.1 License and Filing Fees
Article VI--Taxation 30
Section 6.1 Tribal Excise Tax Imposed Upon Distribution of
Alcohol
Section 6.2 Taxes Due
Section 6.3 Delinquent Taxes
Section 6.4 Reports
Section 6.5 Audit
Article VII--Powers of Enforcment
Section 7.1 Alcohol Regulatory Authority
Section 7.2 Right of Inspection
Section 7.3 Limitation on Powers
Article VIII--Rules, Regulations, and Enforcment
Section 8.1 Public Conveyance
Section 8.2 Age of Consumption
Section 8.3 Serving Underage Person
Section 8.4 False Identification
Section 8.5 Documentation of Age
Section 8.6 General Penalties
Section 8.7 Initiation of Action
Section 8.8 Contraband; Seizure; Forfeiture
Article IX--Nuisance and Abatement
Section 9.1 Nuisance
Section 9.2 Action To Abate Nuisance
Article X--Revenue and Reporting
Section 10.1 Use and Appropriation of Revenue Received
Section 10.2 Audit
Section 10.3 Reports
Article XI--Miscellaneous
Section 11.1 Liability for Unpaid Amounts Due to Vendors or
Authorities
Section 11.2 Other Business by Operator
Section 11.3 Tribal Liability and Credit
Section 11.4 Insurance
Section 11.5 Audit and Inspection
Section 11.6 Payment of Tax; Reports; Bonding
Section 11.7 Violation--Penalties
Section 11.8 Severability
Section 11.9 Amendments
Article I--Introduction
Section 1.1 Title
This Ordinance shall be known as the ``Kaw Nation Alcohol Ordinance
of 2019'' (the ``Ordinance''). This Ordinance and Act amends and
supercedes all prior laws of the Kaw Nation pertaining to Alcohol
including the Kaw Nation Alcohol Control Ordinance, FR Vol. 74, No.
146, 38, 220-38.227.
Section 1.2 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 and Article II, Sec. 4 of
the Constitution of the Kaw Nation (hereinafter ``Nation'' or
``Tribe'').
Section 1.3 Purpose
The purpose of this Ordinance is to regulate and control the
manufacture, distribution, possession, and Sale of Alcoholic Beverages
on Tribal Lands of the Kaw Nation, and to generate revenues to fund
necessary Tribal programs and services. The enactment of this Ordinance
will enhance the ability of the Kaw Nation to control all such Alcohol-
related activities within the jurisdiction of the Tribe and will
provide an important source of revenue for the continued operation and
strengthening of the Kaw Nation and the delivery of important
governmental services.
Section 1.4 Application of Federal Law
Federal law forbids the introduction, possession and Sale of liquor
in Indian Country (18 U.S.C. 1154 and other statutes), except when in
conformity both with the laws of the State and the Tribe (18 U.S.C.
1161). As such, compliance with this Ordinance shall be in addition to,
and not a substitute for, compliance with the laws of the State of
Oklahoma.
Section 1.5 Administration of Ordinance
The Tribal Council, through its powers vested under Article II,
Sec. 4 of the Constitution of the Kaw Nation and this Ordinance,
delegates to the Alcohol Regulatory Authority the authority to
[[Page 71907]]
exercise all of the powers and accomplish all of the purposes set forth
in this Ordinance, which may include, but are not limited to, the
following actions:
A. Adopt and enforce rules and regulations for the purpose of
effectuating this Ordinance, which includes the setting of fees, fines
and other penalties;
B. Execute all necessary documents; and
C. Perform all matters and actions incidental and necessary to
conduct its business and carry out its duties and functions under this
Ordinance.
Section 1.6 Sovereign Immunity Preserved
A. The Tribe is immune from suit in any jurisdiction except to the
extent that the Tribal Council of the Kaw Nation expressly and
unequivocally waives such immunity by approval of such written
resolution.
B. Nothing in this Ordinance shall be construed as waiving the
sovereign immunity of the Kaw Nation or the Alcohol Regulatory
Authority as an agency of the Kaw Nation.
Section 1.7 Applicability
This Ordinance shall apply to all Tribal and commercial enterprises
located within Tribal Lands consistent with applicable Federal Liquor
Laws.
Section 1.8 Computation of Time
Unless otherwise provided in this Ordinance, in computing any
period of time prescribed or allowed by this Ordinance, the day of the
act, event, or default from which the designated period time begins to
run shall not be included. The last day of the period so computed shall
be included, unless it is a Saturday, a Sunday, or a legal holiday. For
the purposes of this Ordinance, the term ``legal holiday'' shall mean
all legal holidays under Tribal or Federal law. All documents mailed
shall be deemed served at the time of mailing.
Section 1.9 Liberal Construction
Provisions of this Ordinance shall be liberally construed to
achieve the purposes set forth, whether clearly stated or apparent from
the context of the language used herein.
Section 1.10 Collection of Applicable Fees, Taxes, or Fines
The Alcohol Regulatory Authority shall have the authority to
collect all applicable and lawful fees, taxes, and or fines from any
person or Licensee as imposed by this Ordinance. The failure of any
Licensee to deliver applicable taxes collected on the Sale of Alcoholic
Beverages shall subject the Licensee to penalties, including, but not
limited to, the revocation of said License.
Article II--Declaration of Public Policy
Section 2.1 Matter of Special Interest
The manufacture, distribution, possession, Sale, and consumption of
Alcoholic Beverages within the jurisdiction of the Kaw Nation are
matters of significant concern and special interest to the Tribe. The
Tribal Council hereby declares that the policy of the Kaw Nation is to
eliminate the problems associated with unlicensed, unregulated, and
unlawful importation, distribution, manufacture, possession and Sale of
Alcoholic Beverages for commercial purposes and to promote temperance
in the use and consumption of Alcoholic Beverages by increasing the
Tribe's control over such activities on Tribal lands.
Section 2.2 Federal Law
The introduction of Alcohol within the jurisdiction of the Tribe is
currently prohibited by Federal law (18 U.S.C. 1154), except as
provided for therein, and the Tribe is expressly delegated the right to
determine when and under what conditions Alcohol, including Alcoholic
Beverages, shall be permitted thereon (18 U.S.C. 1161).
Section 2.3 Need for Regulation
The Tribe finds that the Federal Liquor Laws prohibiting the
introduction, manufacture, distribution, possession, Sale, and
consumption of Alcoholic Beverages within the Tribal lands have proven
ineffective and that the problems associated with same should be
addressed by the laws of the Tribe, with all such business activities
related thereto subject to the taxing and regulatory authority of the
Alcohol Regulatory Authority.
Section 2.4 Geographic Locations
The Tribe finds that the introduction, manufacture, distribution,
possession, Sale, and consumption of Alcohol, including Alcoholic
Beverages, shall be regulated under this Ordinance only where such
activity will be conducted within or upon Tribal Lands.
Section 2.5 Definitions
Unless otherwise required by the context, the following words and
phrases shall have the designated meanings:
A. ``Alcohol'' means and includes hydrated oxide of ethyl, ethyl
Alcohol, ethanol, or Spirits of Wine, from whatever source or by
whatever process produced. It does not include wood Alcohol or Alcohol
which has been denatured or produced as denatured in accordance with
Acts of Congress and regulations promulgated thereunder.
B. ``Alcohol Regulatory Authority'' means the Kaw Tax Commission
pursuant to Resolution No. 09-69 enacted by the Tribal Council on
August 14, 2009.
C. ``Alcoholic Beverage(s)'' means Alcohol, Spirits, Beer and Wine
as those terms are defined herein and also includes every liquid or
solid, patented or not, containing Alcohol, Spirits, Wine or Beer and
capable of being consumed as a Beverage by human beings.
D. ``Applicant'' means any individual, legal or commercial business
entity, or any individual involved in any legal or commercial business
entity allowed to hold any License under the laws of the Kaw Nation.
E. ``Beer'' means any Beverage of Alcohol by volume and obtained by
the Alcoholic fermentation of an infusion or decoction of barley, or
other grain, malt or similar products. ``Beer'' may or may not contain
hops or other vegetable products. ``Beer'' includes, among other
things, Beer, ale, stout, lager Beer, porter and other malt or brewed
liquors, but does not include sake, known as Japanese rice Wine.
F. ``Cider'' means any Alcoholic Beverage obtained by the Alcoholic
fermentation of fruit juice, including but not limited to flavored,
sparkling or carbonated cider.
G. ``Citizen'' or ``Enrolled Member'' means any person whose name
appears on the official roll of the Kaw Nation.
H. ``Commercial Sale'' means the transfer, exchange or barter, in
any way or by any means whatsoever, for a consideration by any person,
association, partnership, or corporation, of Alcoholic Beverages.
I. ``Constitution'' means the Constitution of the Kaw Nation.
J. ``Federal Liquor Laws'' means all laws of the United States of
America that apply to or regulate in any way the introduction,
manufacture, distribution, possession, or Sale of any form of Alcohol,
including, but not limited to 18 U.S.C. 1154 & 1161.
K. ``Legal Age'' means twenty-one (21) years of age.
L. ``License'' or ``Alcoholic Beverage License'' means a License
issued by the Alcohol Regulatory Authority authorizing the
introduction, manufacture, distribution, or Sale of Alcoholic Beverages
for commercial purposes under the provisions of the this Ordinance.
M. ``Licensee'' means any person holding a License under the laws
of the Kaw Nation, and any agent, servant or
[[Page 71908]]
employee of such Licensee while in the performance of any act or duty
in connection with the Licensed business or on the Licensed Premises.
N. ``Liquor Store'' means any business, store, or commercial
establishment at which Alcohol is sold and shall include any and all
businesses, facilities and events engaged in the Sale of Alcoholic
Beverages, whether sold as packaged or by the drink.
O. ``Manufacturer'' means a brewer, distiller, Winemaker, rectifier
or bottler of any Alcoholic Beverage and its subsidiaries, affiliates
and parent companies.
P. ``Mixed Beverage Cooler'' or ``Wine Cooler'' means any Beverage,
by whatever name designated, consisting of an Alcoholic Beverage and
fruit or vegetable juice, fruit or vegetable flavorings, dairy products
or carbonated water containing more than one-half of one percent (\1/2\
of 1%) of Alcohol measured by volume but not more than seven percent
(7%) Alcohol by volume at sixty (60) degrees Fahrenheit and which is
packaged in a container not larger than three hundred seventy-five
(375) milliliters. Such term shall include but not be limited to the
Beverage popularly known as a ``Wine cooler.''
Q. ``Operator'' means a person properly Licensed by the Kaw Nation
to operate a facility, event, or otherwise that is engaged in the
activity of selling Alcoholic Beverages.
R. ``Ordinance'' means this Kaw Nation Alcohol Ordinance of 2018,
as amended from time to time pursuant to Resolution of the Kaw Nation
Tribal Council.
S. ``Package'' or ``Packaged'' or ``Package Store'' means the Sale
of any Alcoholic Beverage by delivery of same by a seller to a
purchaser in any container, bag, or receptacle for consumption off the
Premises or location designated on the seller's License.
T. ``Person'' means an individual, any type of partnership,
corporation, association, limited liability company or any individual
involved in the legal structure of any such business entity.
U. ``Premises'' means the grounds and all buildings and
appurtenances pertaining to the grounds including any adjacent Premises
if under the direct or indirect control of the Licensee and used in
connection with or in furtherance of the business covered by a License.
Provided that the Alcoholic Beverage Laws Enforcement Commission of the
State of Oklahoma (``ABLE Commission'' or ``ABLE'') shall have the
authority to designate areas to be excluded from the Licensed Premises
solely for the purpose of:
1. Allowing the presence and consumption of Alcoholic Beverages by
private parties which are closed to the general public, or
2. allowing the services of a caterer serving Alcoholic Beverages
provided by a private party.
This exception shall in no way limit the Licensee's concurrent
responsibility for any violations of the Oklahoma Alcoholic Beverage
Control Act and/or the Kaw Nation Alcohol Control Ordinance occurring
on the Licensed Premises.
V. ``Public Place'' or ``Public Forum'' means and shall include any
Tribal, county, State, or Federal highways, roads, and rights-of-way;
buildings and grounds used for school purposes; public dance halls and
grounds adjacent thereto; public restaurants, buildings, meeting halls,
hotels, theaters, retail stores, and business establishments generally
open to the public and to which the public is allowed to have
unrestricted access; and all other places to which the general public
has unrestricted right of access and that are generally used by the
public. For the purpose of this Ordinance, ``Public Place'' or ``Public
Forum'' shall also include any privately-owned business property or
establishment that is designed for, or may be regularly used by, more
persons other than the owner of the same, but shall not include the
private, family residence of any person.
W. ``Regulation(s)'' means any Regulation(s) adopted by the Alcohol
Regulatory Authority to further the purposes and intent of this
Ordinance that comply with Federal and State law as approved by Tribal
Council.
X. ``Relative'' means either a biological or adopted parent,
spouse, child, step-child, foster child, grandchild, sibling,
grandparent, great-grandparent, aunt, uncle, and in-law parental,
sibling, or child relationships.
Y. ``Retailer'' means a Package Store, grocery store, convenience
store or drug store Licensed to sell Alcoholic Beverages for off-
premise consumption pursuant to a Retail Spirits License, Retail Wine
License or Retail Beer License.
Z. ``Sale(s)'', ``Sell'', or ``Sold'' means any transfer, exchange
or barter of Alcoholic Beverages in any manner or by any means
whatsoever, and includes and means all Sales made by any person,
whether as principal, proprietor or as an agent, servant or employee.
The term ``Sale'' is also declared to be and include the use or
consumption upon Tribal Lands of any Alcoholic Beverage obtained within
or imported from without this State, upon which the excise tax levied
by the Oklahoma Alcoholic Beverage Control Act and/or Kaw Nation has
not been paid or exempted.
AA. ``Sparkling Wine'' means champagne or any artificially
carbonated Wine.
BB. ``Tribal Council'' means the duly elected legislative body of
the Kaw Nation authorized to act in and on all matters and subjects
upon which the Tribe is empowered to act, now or in the future,
pursuant to Article V, Section 2 of the Constitution of the Kaw Nation.
CC. ``Tribal Court'' means the Courts of the Kaw Nation, as
established under the Constitution of the Kaw Nation, Article VIII,
Sec. 1.
DD. ``Tribal Land(s)'' means and reference the geographic area that
includes all land included within the definition of ``Indian Country''
as established and described by Federal law and that is under the
jurisdiction of the Kaw Nation, including, but not limited to all lands
held in trust by the Federal government, located within the same, as
are now in existence or may hereafter be added to, and all Tribally
owned land and waters and all restricted or trust land belonging to
Tribal members within the boundary of the Kaw Nation reservation
established by Agreement dated June 26, 1890, and ratified by the Act
of March 3, 1891 (26 Stat. 1019), and such other land, or, interest in
land, which may be subsequently acquired.
EE. ``Tribal Law'' means the Constitution of the Kaw Nation and all
laws, ordinances, codes, resolutions, and regulations now and hereafter
duly enacted by the Tribe.
FF. ``Tribe'' means the Kaw Nation.
GG. ``Wholesale Price'' means the established price for which
Alcohol and/or Beer products are sold to the Kaw Nation or to any
Licensed Licensee by the Manufacturer or distributor, exclusive of any
discount or other reduction.
HH. ``Wine'' means and includes any Beverage containing more than
one-half of one percent (\1/2\ of 1%) Alcohol by volume and not more
than twenty-four percent (24%) Alcohol by volume at sixty (60) degrees
Fahrenheit obtained by the fermentation of the natural contents of
fruits, vegetables, honey, milk or other products containing sugar,
whether or not other ingredients are added, and includes vermouth and
sake, known as Japanese rice Wine.
[[Page 71909]]
Article III--Sales of Alcoholic Beverages
Section 3.1 Prohibition of the Unlicensed Sale of Alcoholic Beverages
This Ordinance prohibits the introduction, manufacture,
distribution, or Sale of Alcoholic Beverages for commercial purposes,
other than where conducted by a Licensee in possession of a lawfully
issued License in accordance with this Ordinance. The Federal Liquor
Laws are intended to remain applicable to any act or transaction that
is not authorized by this Ordinance, and violators shall be subject to
all penalties and provisions of any and all Federal and or Tribal laws.
Section 3.2 Sales for Cash
All Sales of Alcoholic Beverages conducted by any person or
commercial enterprise upon Tribal Lands shall require payment at the
time of purchase and consumption of same shall be extended to any
person, organization, or entity, except that this provision does not
prohibit the payment of same by use of credit cards acceptable to the
seller.
Section 3.3 Personal Consumption
All Sales of Alcoholic Beverages shall be for the personal use and
consumption of the purchaser and or his/her guest(s) of Legal Age. The
re-Sale of any Alcoholic Beverage purchased within or upon Tribal Lands
by any person or commercial enterprise not Licensed as required by this
Ordinance is prohibited.
Section 3.4 Tribal Enterprises
No employee or Operator of a commercial enterprise owned by the
Tribe shall sell or permit any person to open or consume any Alcoholic
Beverage on any Premises or location, or any Premises adjacent thereto,
under his or her control, unless such activity is properly Licensed as
provided in this Ordinance.
Section 3.5 Right of Alcohol Regulatory Authority To Scrutinize
Licenses
Every Licensee shall keep the Alcohol Regulatory Authority informed
in writing of the identity of Manufacturers, suppliers and/or
Wholesalers who supply or are expected to supply Alcohol to their
Licensed Premises. The Alcohol Regulatory Authority may, at its
discretion, for any reasonable cause, limit or prohibit the purchase of
said Alcohol from a supplier or Wholesaler.
Section 3.6 Freedom of Information From Manufacturers, Suppliers, and
Wholesalers
Licensees shall in their purchase of Alcohol and in their business
relationships with Manufacturers, suppliers, and Wholesalers (``Third
Party(ies)'') cooperate with and assist the free flow of information
and data to the Alcohol Regulatory Authority from such suppliers
relating to the Sales to and business arrangements between the Third
Parties and the Licensees. The Alcohol Regulatory Authority may, in its
discretion, require from the Licensee and Third Parties all receipts,
invoices, bills of lading, other billings or other documentary receipts
of Sales to any Licensee. Such records shall be available for
inspection by the Alcohol Regulatory Authority upon reasonable request.
Section 3.7 Alcohol Regulatory Authority Retail Sales Regulations
The Alcohol Regulatory Authority may adopt Regulations regarding
the retail Sale of Alcohol which shall supplement this Ordinance and
facilitate its enforcement. These Regulations may include limitations
on hours and days when Premises may be open for business, and other
appropriate matters and controls.
Section 3.8 Sales to Minors
No person shall give, sell or otherwise supply Alcoholic Beverages
to any person under the Legal Age of twenty-one (21), either for his or
her own use or for the use of his or her parents or for the use of any
other person.
Section 3.9 Consumption of Alcohol Upon Licensed Premises
Only a Licensee with the appropriate type of License issued by the
Alcohol Regulatory Authority shall allow any person to open or consume
Alcohol on his or her Premises or any Premises adjacent thereto in his
or her control.
Section 3.10 Conduct on Licensed Premises
A. No Licensee shall allow any person to be disorderly, boisterous
or intoxicated on their Licensed Premises or on any Public Place
adjacent thereto which are under his or her control.
B. No Licensee or employee shall consume Alcohol of any kind while
working on the Licensed Premises.
C. No Licensee shall knowingly sell, deliver, or furnish Alcoholic
Beverages to an intoxicated person or to any person who has been
adjudged insane or mentally deficient.
Section 3.11 Employment of Minors
Employees under the Legal Age of twenty-one (21) may only sell or
handle Alcohol while under the direct supervision of another employee
who is twenty-one (21) years of age or older. Only employees who are
twenty-one (21) years of age or older, may serve Alcoholic Beverages in
a bar or lounge area where the Alcoholic Beverages are intended for on-
site consumption. Employees participating in selling, mixing, or
serving Alcoholic Beverages must have an Alcoholic Beverage License.
Section 3.12 Display of License
Any Licensee issued a License shall visually display the License at
all times on the Premises specified in the application for such
License.
Section 3.13 Licensed Premises Open to Alcohol Regulatory Authority
Inspection
The Premises of all Licensees, including vehicles used in
connection with Alcohol Sales, shall be open at all times to inspection
by the Alcohol Regulatory Authority or its designated representative.
Section 3.14 Licensee's Records
The originals or copies of all Sales slips, invoices, and other
memoranda covering all purchases of Alcohol by Licensees shall be kept
on file in the Licensed Premises of the Licensee 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
and checking. All cancelled checks, bank statements and books of
accounting covering or involving the purchase of Alcohol, and all
memoranda, if any, showing payment of money for Alcohol other than by
check, shall be likewise preserved for availability for inspection and
checking.
Section 3.15 Records Confidential
All records of the Alcohol Regulatory Authority showing purchase of
Alcohol by any individual or group shall be confidential and shall not
be inspected except by members of the Alcohol Regulatory Authority or
its authorized representative.
Section 3.16 Conformity With Federal and State Law
Licensees shall comply with the laws and regulations of the State
of Oklahoma related to Alcohol to the extent required by 18 U.S.C.
1161.
[[Page 71910]]
Licensees are subject to all of the enumerated prohibited acts
contained in Title 37A of the Oklahoma Statutes, and failure of the
Licensee to observe such laws will subject said Licensee to Federal
prosecution under 18 U.S.C. 1181.
Article IV--Licensing
Section 4.1 License Required
A. Any and all Sales of Alcoholic Beverages conducted upon Tribal
Lands shall be permitted only where the seller (i) holds a current
Alcoholic Beverage License, duly issued by the Alcohol Regulatory
Authority; and (ii) prominently and conspicuously displays the License
on the Premises or location designated on the License.
B. A Licensee has the right to engage only in those activities
involving Alcoholic Beverage(s) expressly authorized by such License in
accordance with this Ordinance.
Section 4.2 Licensing Procedures
The Alcohol Regulatory Authority shall have authority over the
licensing of all persons related to the Sale of Alcohol within the
Tribal Lands. The Alcohol Regulatory Authority is empowered to
administer this Ordinance by exercising general control, management,
and supervision of all Alcoholic Beverage Sales, places of Sale and
Sales Premises, as well as exercising all powers necessary to
accomplish the purposes of this Ordinance, and adopting and enforcing
any additional rules and policies in furtherance of the purposes of
this Ordinance and in the performance of its administrative functions
as provided herein.
A. Eligibility. Any person may apply to the Alcohol Regulatory
Authority for a License as provided herein. Only Applicants operating
upon Tribal Lands shall be eligible to receive a License for the Sale
of Alcohol upon Tribal Lands pursuant to this Ordinance.
B. Application Process.
1. Application Form. An application for any License shall be made
to the Alcohol Regulatory Authority on the appropriate form for such
License as provided by the Alcohol Regulatory Authority.
2. Payment of Fees. Each application shall be accompanied by a non-
refundable application fee as specified herein. All application fees
paid to the Alcohol Regulatory Authority are nonrefundable upon
submission of any such application. Each application shall require the
payment of a separate application fee. Following approval of an
application, but prior to issuance of the License, the Applicant shall
pay the appropriate nonrefundable License fee to the Alcohol Regulatory
Authority. Each License or renewal shall require the payment of a
separate License fee or renewal fee.
3. Processing of Application. The Alcohol Regulatory Authority
shall receive and process applications, and shall be the official
representative of the Tribe and Tribal Council in matters relating to
Alcohol, licensing related to Alcohol and the collection of taxes on
Alcohol and any matters related to Alcohol. The Alcohol Regulatory
Authority, or its authorized representative, shall order any Applicant
to provide all additional information as deemed necessary for
processing, reviewing or revoking an application or License. If the
Alcohol Regulatory Authority, or its authorized representative, is
satisfied that the Applicant is a suitable and reputable person, the
Alcohol Regulatory Authority, or its authorized representative, may
issue a License as provided herein.
4. Investigation. Upon receipt of an application for the issuance,
transfer, or renewal of a License, the Alcohol Regulatory Authority
shall make a thorough investigation to determine whether the Applicant
and the Premises or location for which a License is applied for
qualifies for a License, and whether the provisions of this Ordinance
have been complied with. The Alcohol Regulatory Authority shall
investigate all matters connected therewith which may affect the public
health, welfare, and morals.
5. Approval and Disapproval. The Alcohol Regulatory Authority will
be responsible for approval or disapproval of all Applications. The
Alcohol Regulatory Authority may cause a License to be issued to any
Applicant it may deem appropriate, but not contrary to the best
interests of the Tribe and its Tribal members. Any Applicant that
desires to receive any Alcoholic Beverage License, and that meets the
eligibility requirements pursuant to this Ordinance, must apply to the
Alcohol Regulatory Authority for the desired class of License. Any such
person as may be empowered to make such application, shall:
a. Fully and accurately complete the application provided by the
Alcohol Regulatory Authority;
b. pay the Alcohol Regulatory Authority such application fee as may
be required; and
c. submit such application to the Alcohol Regulatory Authority for
consideration.
6. Restrictions:
a. No License for on-site consumption on the Premises shall be
issued for a business within 300 feet of a licensed school or licensed
child care facility;
b. No License shall be issued to a convicted felon.
7. Temporary Denial. If the application is denied solely on the
basis of failing to complete the application properly or tendering the
appropriate fee, the Alcohol Regulatory Authority shall, within fifteen
(15) calendar days of such action, deliver in person or by mail a
written notice of temporary denial to the Applicant. Such notice of
temporary denial shall: (i) Set forth the reason(s) for denial; and
(ii) State that the temporary denial will become a permanent denial if
the reason(s) for denial are not corrected within fifteen (15) calendar
days following the mailing or personal delivery of such notice unless
otherwise extended by the Alcohol Regulatory Authority.
8. Denial of License or Renewal. An application for a new License
or License renewal may be denied for one or more of the following
reasons:
a. The Applicant materially misrepresented facts contained in the
application;
b. The Applicant is currently not in compliance with these
Regulations, this Ordinance, or any other Tribal, County, State or
Federal laws;
c. Granting of the License, or renewal thereof, would create a
threat to the peace, safety, morals, health, or welfare of the Tribe;
d. The Applicant has failed to complete the application properly or
has failed to tender the appropriate fee; or
e. A verdict or judgment has been entered against, or a plea of
nolo contendere has been entered by the Applicant or by any Applicants'
officer, director, manager, or any other employee with primary
management responsibility related to the Sale of Alcoholic Beverages,
to any offense under Tribal, Federal, County, or State laws prohibiting
or regulating the Sale, use, possession or giving away of Alcoholic
Beverages.
9. Cure. If an Applicant is denied a License, the Applicant may
cure the deficiency and resubmit the application for consideration.
Each re-submission will be treated as a new application for License or
renewal of a License, and the appropriate fee shall be due upon re-
submission.
10. Procedures for Appealing a Denial or Condition of Application.
Any Applicant for a License or Licensee who believes the denial of
their License, request for renewal, or condition imposed on their
License was
[[Page 71911]]
wrongfully determined may appeal the decision of the Alcohol Regulatory
Authority in accordance with this Ordinance Section 4.3. The Alcohol
Regulatory Authority's decision on the appeal shall be considered a
final decision by the Kaw Nation and shall only be appealable to the
Kaw Nation Tribal Court.
11. Issuance of Licenses and Renewal Licenses. Upon approval of an
application and payment of the appropriate renewal License fee, the
Alcohol Regulatory Authority shall issue the Applicant such License as
specified in the application that will be valid from the date of
issuance until December 31 of that year. Licenses shall be renewable at
the discretion of the Alcohol Regulatory Authority by submission by the
Licensee of a subsequent renewal application form, subsequent
application fee, and payment of the renewal License fee as adopted by
the Alcohol Regulatory Authority in accord this Ordinance. Renewal
Licenses shall be effective as of January 1 and shall be valid until
December 31 of that year. Any License or Renewal License issued under
this Ordinance shall not be transferable.
12. Final Authority. The Alcohol Regulatory Authority has full
power and final authority to deny any Applicant for any of the above
and/or for any other reason where it would be to the detriment of the
Tribe.
C. Term and Renewal of Licenses.
1. The term of all Licenses issued under this Ordinance shall be
for a period not to exceed one (1) year from the original date of
issuance and may be renewed thereafter on a year-to-year basis, in
compliance with this Ordinance and any rules and/or policies hereafter
adopted by the Alcohol Regulatory Authority. Every License shall expire
on December 31 following its issuance or renewal, and each Licensee
shall be eligible for subsequent renewal terms of one (1) year
beginning on the January 1 following each expiration.
2. Each License may be considered for renewal by the Alcohol
Regulatory Authority annually upon the Licensee's submission of a new
application and payment of all fees. Such renewal application shall be
submitted to the Alcohol Regulatory Authority at least twenty (20) days
and no more than ninety (90) days prior to the expiration of an
existing License. If a License is not renewed prior to its expiration,
the Licensee shall cease and desist all activity previously authorized
under the License, including the Sale of any Alcoholic Beverages, until
the renewal of such License is properly approved by the Alcohol
Regulatory Authority.
Section 4.3 Appeals to the Alcohol Regulatory Authority for Denial of
License.
Upon receipt of an appeal of a denial of a License, the Alcohol
Regulatory Authority shall set the consideration of such appeal for a
public hearing. Notice of the time and place of such hearing shall be
mailed to the Applicant and provided to the public at least twenty (20)
calendar days before the date of the hearing. Notice shall be mailed to
the Applicant by prepaid U.S. mail at the address listed in the
application. Notice shall be provided to the public in the same method
as used to notify the public of meetings pursuant to the Kaw Nation
Constitution. The public notice shall include:
A. The name of the Applicant;
B. whether the hearing will consider a new License issuance or
renewal of an existing License;
C. the class of License applied for; and
D. an address and general description of the area where the
Alcoholic Beverages will be or have been sold.
At such hearings, the Alcohol Regulatory Authority shall hear from
any person who wishes to speak for or against the application, subject
to any limitations herein. The Alcohol Regulatory Authority shall have
the authority to place time limits on each speaker and limit or
prohibit repetitive testimony.
Appeals of the Alcohol Regulatory Authority may be appealed to the
Kaw Nation Tribal Court.
Section 4.4 Classes of Licenses
The Alcohol Regulatory Authority shall have the authority to issue
the following classes of Alcoholic Beverage Licenses and any additional
classes of Alcoholic Beverage License as it may determine necessary for
the benefit of the Nation so long as such Licenses are in compliance
with Tribal, Federal and State law:
A. ``Retail Spirits License'' authorizing the Licensee to Purchase
Wine or Spirits from a Wine and Spirits Wholesaler, to purchase Beer
from a Beer distributor or from the holder of a small brewer self-
distribution License, and to sell same on the Licensed Premises in such
containers to consumers for off-Premises consumption only and not for
resale.
B. ``Retail Beer and Wine License'' authorizing the Licensee to
purchase Beer from a Beer distributor, or from the holder of a small
brewer self-distribution License and/or purchase Wine from a Wine and
Spirits Wholesaler or a small farm Winemaker who is permitted and has
elected to self-distribute as provided in Article XXVIIIA of the
Oklahoma Constitution; and to sell same on the Licensed Premises in
such containers to consumers for off-Premises consumption only and not
for resale. Provided, no holder of a Retail Beer and Wine License may
sell a malt Beverage with Alcohol Beverage volume in excess of eight
and ninety-nine/one hundredths percent (8.99%).
C. ``Mixed Beverage License'' authorizing the Licensee to purchase
Alcohol, Spirits, Beer and/or Wine in retail containers from the holder
of a Wine and Spirits Wholesaler and Beer distributor License as
specifically provided by law; and to sell, offer for Sale and possess
Mixed Beverages for on-Premises consumption only; provided, the holder
of a Mixed Beverage License issued for an establishment which is also a
restaurant may purchase Wine directly from a Winemaker and Beer
directly from a small brewer who is permitted and has elected to self-
distribute as provided in Article XXVIIIA of the Oklahoma Constitution.
Sales and service of Mixed Beverages by holders of Mixed Beverage
Licenses shall be limited to the Licensed Premises of the Licensee
unless the holder of the Mixed Beverage License also obtains a caterer
License or a Mixed Beverage/caterer combination License. A Mixed
Beverage License shall only be issued where the Sale of Alcoholic
Beverages by the individual drink for on-Premises consumption has been
authorized. A separate License shall be required for each place of
business.
D. '' On Site Beer and Wine License'' authorizing the Licensee to
purchase Beer and Wine in retail containers from the holder of a
wholesaler, Beer distributor, small brewer self-distribution or brewpub
self-distribution License or as specifically provided by law; and to
sell, offer for Sale and possess Beer and Wine for on-site consumption
only; provided, the holder of an on-site Beer and Wine License issued
for an establishment which is also a restaurant may purchase Wine from
a Winemaker who is permitted and has elected to self-distribute as
provided in Article XXVIIIA of the Oklahoma Constitution. Sales and
service of Beer and Wine by holders of on-site Beer and Wine Licenses
shall be limited to the Licensed Premises of the Licensee unless the
holder of the on-site Beer and Wine License also obtains a caterer
License. An on-site Beer and Wine License shall only be issued where
the
[[Page 71912]]
Sale of Alcoholic Beverages by the individual drink for on-site
consumption has been authorized. A separate License shall be required
for each place of business. No Spirits shall be stored, possessed or
consumed on the Licensed Premises of an on-site Beer and Wine License,
unless the Premises also has a Mixed Beverage License.
E. ``Caterer License'' authorizing the Licensee to sell Mixed
Beverages for on-Premises consumption incidental to the Sale or
distribution of food at particular functions, occasions or events which
are temporary in nature. A Caterer License shall not be issued in lieu
of a Mixed Beverage License. A Caterer License shall only be issued
where the Sale of Alcoholic Beverages by the individual drink for on-
site consumption has been authorized. A separate License shall be
required for each place of business.
F. ``Special Event License'' A Special Event License may be issued
to an organization, association or nonprofit corporation organized for
political, fraternal, religious or social purposes. The holder of a
Special Event License is authorized to sell and distribute Alcoholic
Beverage on the Premises for which the License is issued. The Alcohol
Regulatory Authority shall promulgate regulations governing the
application for and the issuance of Special Event Licenses. The
restrictions and rules which apply to the Sale of Mixed Beverages on
the Premises of a Mixed Beverage Licensee also apply to the Sale of
such Beverages under the authority of a Special Event License. Any act
which if done on the Premises of a Mixed Beverage Licensee would be a
ground for revocation or suspension of the Mixed Beverage License is a
ground for revocation or suspension of a Special Event License. No
Special Event License may be issued for any Premises already Licensed
by the Alcohol Regulatory Authority.
G. ``Employee License'' authorizing the holder thereof to work in a
Licensed Retail Spirits, Retail Wine or Retail Beer establishment,
Mixed Beverage establishment, Beer and Wine establishment, or any
establishment where Alcohol or Alcoholic Beverages are sold, Mixed or
served. Persons employed by a Mixed Beverage, On-Site Beer and Wine,
Retail Wine, or Retail Beer, Licensee who do not participate in the
service, mixing or Sale of Mixed Beverages shall not be required to
have an Employee License. Provided, however, that a manager employed by
a Mixed Beverage Licensee shall be required to have an Employee License
whether or not the manager participates in the service, mixing or Sale
of Mixed Beverages. Applicants for an Employee License must be at least
eighteen (18) years of age and have a health card issued by the county
in which they are employed, if the county issues such a card; provided,
the provisions of this section shall not be construed to permit any
person under twenty-one (21) years of age to be employed to sell
Spirits. Employees of a Licensee holding a Special Event, or Caterer
License, shall not be required to obtain an Employee License. Persons
employed by a hotel Licensee who participate in the stocking of hotel
room mini-bars or in the handling of Alcoholic Beverages to be placed
in such devices shall be required to have an Employee License. As a
prerequisite to the issuance of an Employee License, not later than
fourteen (14) days after initial licensure, the first-time Applicant
shall be required to have successfully completed a training program
conducted by the ABLE Commission, or by another entity approved by the
ABLE Commission, including an in-house training program conducted by
the employer. Proof of training completion shall be made available for
inspection by the ABLE Commission at the business location employing
the Licensee. The failure of an Employee Licensee to comply with this
section may constitute cause for termination of employment.
H. ``Mixed Beverage/Caterer Combination License'' A Mixed Beverage/
caterer combination License shall authorize the holder thereof to
purchase or sell Mixed Beverages as specifically provided by law for
the holder of a Mixed Beverage License or a caterer License. All
provisions of the Oklahoma Alcoholic Beverage Control Act applicable to
Mixed Beverage Licenses or caterer Licenses, or the holders thereof,
shall also be applicable to Mixed Beverage/caterer combination Licenses
or the holders thereof, except where specifically otherwise provided. A
Mixed Beverage/caterer combination License shall only be issued in
counties of this State where the Sale of Alcoholic Beverages by the
individual drink for on-Premises consumption has been authorized. A
separate License shall be required for each place of business.
Section 4.5 Revocation of License
The Alcohol Regulatory Authority may initiate an action to revoke a
License whenever it is brought to the attention of the Alcohol
Regulatory Authority that a Licensee:
A. Has materially misrepresented facts contained in any License
application;
B. is not in compliance with this Ordinance or any other Tribal,
County, State or Federal laws material to the issue of Alcohol
licensing;
C. has failed to comply with any condition of a License, including
failure to pay taxes on the Sale of Alcoholic Beverages or failure to
pay any fee required by the Alcohol Regulatory Authority;
D. has had a verdict, or judgment entered against, or has had a
plea of nolo contendere entered by any of its officers, directors,
managers or any employees with primary responsibility over the Sale of
Alcoholic Beverages, as to any offense under Tribal, County, Federal or
State laws prohibiting or regulating the Sale, use, or possession, of
Alcoholic Beverages;
E. has failed to take reasonable steps to correct objectionable
conditions constituting a nuisance on the Premises or location
designated in the License, or any adjacent area under their control,
within a reasonable time after receipt of a notice to make such
corrections has been mailed or personally delivered by the Alcohol
Regulatory Authority;
F. has had their Oklahoma Alcohol License suspended or revoked; or
G. has sold Alcoholic Beverage(s) to any person under the Legal Age
of twenty-one (21) years.
Revocation proceedings shall comply with the requirements of this
Ordinance stated below. Such revocation proceedings held on any
complaint shall be held under such rules and regulations as the Alcohol
Regulatory Authority may prescribe.
Section 4.6 Revocation Proceedings on Revocation of License
The Alcohol Regulatory Authority, shall give ten (10) days' notice
to the person holding the License, stating that the License will be
revoked and the reason for the revocation. The Licensee must respond to
the Alcohol Regulatory Authority via letter within those ten (10) days
for any reconsideration. If there is a response, the License will be
suspended until the Alcohol Regulatory Authority makes a final
determination. The Alcohol Regulatory Authority shall review any
response and shall make a final determination within ten (10) business
days on whether to revoke the License. Any appeals on the final
decision of the Alcohol Regulatory Authority to revoke a License shall
be made in the Tribal Court.
Section 4.7 Transferability of Licenses
Alcoholic Beverage Licenses shall be issued to a specific Licensee
for use at a single Premises or location (business enterprise) and
shall not be transferable for use by any other Premises or location.
Separate Licenses shall be
[[Page 71913]]
required for each of the Premises of any Licensee having more than one
Premises or location where the Sale, distribution, or manufacture of
Alcoholic Beverages may occur.
Section 4.8 Posting of License
Every Licensee shall post and keep posted its License(s) in a
prominent and conspicuous place(s) on the Premises or location
designated in the License. Any License posted on a Premises or location
not designated in such License shall not be considered invalid and
shall constitute a separate violation of this Ordinance.
Section 4.9 Specification of Premises
Each application shall specify the Premises where the manufacture,
Wholesale, or retail Sale of Alcohol will occur, and such Premises
shall be managed by the person specified on such application.
Article V--Fees
Section 5.1 License and Filing Fees
Licensing and filing fees may be set and amended from time to time
by official action of the Alcohol Regulatory Authority in Regulations.
Article VI--Taxation
Section 6.1 Tribal Excise Tax Imposed Upon Distribution of Alcohol
A. Tribal Excise Tax. The Tribal Council shall by resolution,
include a provision for the taxing of Sales of Alcohol Beverages to the
consumer or purchaser. Such tax shall be determined by the Alcohol
Regulatory Authority.
B. Added To Retail Price. The excise tax levied hereunder shall be
added to the retail selling, price of Alcoholic Beverages sold to the
ultimate consumers.
Section 6.2 Taxes Due
All taxes collected on the Sale of Alcoholic Beverages under this
Ordinance are due to the Kaw Nation Tax Commission from a Licensee on
the fifteenth (15) day of the month following the end of the month for
which taxes are due.
Section 6.3 Delinquent Taxes
Past due taxes shall accrue interest at the rate determined by the
Kaw Nation Tax Commission.
Section 6.4 Reports
Along with the payment of taxes imposed hereby, the Licensee shall
submit a monthly report and accounting of all income from the Sale,
distribution, and or manufacture of Alcoholic Beverages within Tribal
Lands, and for all taxes collected under this Ordinance to the Kaw
Nation Tax Commission.
Section 6.5 Audit
All Licensees are subject to the review or audit of their books and
records relating to the Sale of Alcoholic Beverages hereunder by the
Alcohol Regulatory Authority. Such review or audit may be performed
periodically by Alcohol Regulatory Authority's agents or employees at
such times as in the opinion of the Alcohol Regulatory Authority such
review or audit is appropriate to the proper enforcement of this
Ordinance.
Article VII--Powers of Enforcment
Section 7.1 Alcohol Regulatory Authority
In furtherance of this Ordinance, the Alcohol Regulatory Authority
shall have exclusive authority to administer and implement this
Ordinance and shall have the following powers and duties hereunder:
A. To adopt and enforce rules and regulations governing the Sale,
manufacture, distribution, and possession of Alcoholic Beverages within
the Tribal Lands of the Kaw Nation;
B. To employ such persons as may be reasonably necessary to perform
all administrative and regulatory responsibilities of the Alcohol
Regulatory Authority hereunder. All such employees shall be employees
of the Tribe;
C. To issue Licenses permitting the Sale, manufacture,
distribution, and possession of Alcoholic Beverages within the Tribal
Lands;
D. To give reasonable notice and to hold hearings on violations of
this Ordinance, and for consideration of the issuance or revocation of
Licenses hereunder;
E. To deny applications and renewals for Licenses and revoke issued
Licenses as provided in this Ordinance;
F. To bring such other actions as may be required to enforce this
Ordinance;
G. To prepare and deliver such reports as may be required by law or
regulation; and
H. To collect taxes, fees, and penalties as may be required,
imposed, or allowed by law or regulation, and to keep accurate books,
records, and accounts of the same.
Section 7.2 Right of Inspection
Any Premises or location of any commercial enterprise Licensed to
manufacture, distribute, or sell Alcoholic Beverages pursuant to this
Ordinance shall be open for inspection by the Alcohol Regulatory
Authority for the purpose of insuring the compliance or noncompliance
of the Licensee with all provisions of this Ordinance and any
applicable Tribal Laws or Regulations.
Section 7.3 Limitation on Powers
In the exercise of its powers and duties under this Ordinance,
agents, employees, or any other affiliated persons of the Alcohol
Regulatory Authority shall not, whether individually or as a whole:
A. Accept any gratuity, compensation, or other thing of value from
any Alcoholic Beverage Wholesaler, retailer, or distributor, or from
any Applicant or Licensee; or
B. Waive the sovereign immunity of the Kaw Nation, or of any
agency, commission, or entity thereof without the express written
consent by resolution of the Tribal Council of the Kaw Nation.
Article VIII--Rules, Regulations, and Enforcment
Section 8.1 Public Conveyance
Any person engaged in the business of carrying passengers for hire,
and every agent, servant, or employee of such person, who shall
knowingly permit any person to consume any Alcoholic Beverage in any
such public conveyance shall be in violation of this Ordinance.
Section 8.2 Age of Consumption
No person under the Legal Age of twenty-one (21) years may possess
or consume any Alcoholic Beverage on Tribal lands, and any such
possession or consumption shall be in violation of this Ordinance.
Section 8.3 Serving Underage Person
No person shall sell or serve any Alcoholic Beverage to a person
under the age of twenty-one (21) or permit any such person to possess
or consume any Alcoholic Beverages on the Premises or on any Premises
under their control. Any Licensee violating this section shall be
guilty of a separate violation of this Ordinance for each and every
Alcoholic Beverage sold or served and or consumed by such an underage
person.
Section 8.4 False Identification
Any person who purchases or who attempts to purchase any Alcoholic
Beverage through the use of false, or altered identification that
falsely purports to show such person to be over the Legal Age of
twenty-one (21) years shall be in violation of this Ordinance.
Section 8.5 Documentation of Age
Any seller or server of any Alcoholic Beverage shall be required to
request
[[Page 71914]]
proper and satisfactory documentation of age of any person who appears
to be thirty-five (35) years of age or younger. When requested by a
seller or server of Alcoholic Beverages, every person shall be required
to present proper and satisfactory documentation of the bearer's age,
signature, and photograph prior to the purchase or delivery of any
Alcoholic Beverage. For purposes of this Ordinance, proper and
satisfactory documentation shall include one or more of the following:
A. Driver's License or personal identification card issued by any
State department of motor vehicles or Tribal or Federal government
agency showing birthdate;
B. United States active duty military credentials; or
C. Passport.
Any seller, server, or person attempting to purchase an Alcoholic
Beverage, who does not comply with the requirements of this section
shall be in violation of this Ordinance and subject to civil penalties,
as determined by the Alcohol Regulatory Authority.
Section 8.6 General Penalties
Any person or commercial enterprise determined by the Alcohol
Regulatory Authority to be in violation of this Ordinance, including
any lawful regulation promulgated pursuant thereto, shall be subject to
a civil penalty as adopted by the Alcohol Regulatory Authority for each
such violation, except as provided herein. The Alcohol Regulatory
Authority may adopt by resolution a separate written schedule for fines
for each type of violation, taking into account the seriousness and
threat the violation may pose to the general public health and welfare.
The civil penalties provided for herein shall be in addition to any
criminal penalties that may be imposed under any other Tribal, Federal,
or State laws.
Section 8.7 Initiation of Action
Any violation of this Ordinance shall constitute a public nuisance.
The Alcohol Regulatory Authority may initiate and maintain an action in
Tribal Court to abate and permanently enjoin any nuisance declared
under this Ordinance. Any action taken under this section shall be in
addition to any other civil penalties provided for in this Ordinance.
The Alcohol Regulatory Authority shall not be required to post any form
of bond in such action.
Section 8.8 Contraband; Seizure; Forfeiture
A. All Alcoholic Beverages held, owned, or possessed within Tribal
Lands by any person, commercial enterprise, or Licensee operating in
violation of this Ordinance are hereby declared to be contraband and
subject to seizure and forfeiture to the Tribe.
B. Seizure of contraband as defined in this Ordinance shall be done
by the Alcohol Regulatory Authority, with the assistance of law
enforcement upon request, and all such contraband seized shall be
inventoried and maintained by the Alcohol Regulatory Authority pending
a final order of the Tribal Court. The owner of the contraband seized
may alternatively request that the contraband seized be sold and the
proceeds received therefrom be maintained by law enforcement pending a
final order of the Tribal Court. The proceeds from such a Sale are
subject to forfeiture in lieu of the seized contraband.
C. Any complaint regarding the seizure or forfeiture of contraband
shall be heard in Tribal Court.
Article IX-- Nuisance and Abatement
Section 9.1 Nuisance
Any room, house, building, vehicle, structure, Premises, or other
location where Alcoholic Beverages are sold, manufactured, distributed,
bartered, exchanged, given away, furnished, or otherwise possessed or
disposed of in violation of this Ordinance, or of any other Tribal,
Federal, or State laws related to the transportation, possession,
distribution or Sale of Alcoholic Beverages, and including all property
kept therein, or thereon, and used in, or in connection with such
violation is hereby declared to be a nuisance upon any second or
subsequent violation of the same.
Section 9.2 Action To Abate Nuisance
Upon a determination by the Alcohol Regulatory Authority that any
such place or activity is a nuisance under any provision of this
Ordinance, the Tribe or the Alcohol Regulatory Authority may bring a
civil action in the Tribal Court to abate and to perpetually enjoin any
such activity declared to be a nuisance. Such injunctive relief may
include a closure of any business or other use of the property for up
to one (1) year from the date of the such injunctive relief, or until
the owner, lessee or tenant shall: (i) Give bond set by the Tribal
Court and be conditioned that any further violation of this Ordinance
or other Tribal laws will result in the forfeiture of such bond; and
(ii) pay all fines, costs and assessments against him/her/it. If any
condition of the bond is violated, the bond shall be forfeited and the
proceeds recoverable by the Alcohol Regulatory Authority through an
order of the Tribal Court. Any action taken under this section shall be
in addition to any other civil penalties provided for in this
Ordinance.
Article X-- Revenue and Reporting
Section 10.1 Use and Appropriation of Revenue Received
All fees, taxes, payments, fines, costs, assessments, and any other
revenues collected by the Kaw Nation Tax Commission under this
Ordinance, from whatever sources, shall be expended first for the
administrative costs incurred in the administration and enforcement of
this Ordinance. Any excess funds shall be subject to and available for
appropriation by the Tribal Council to the Tribe.
Section 10.2 Audit
The Alcohol Regulatory Authority and its handling of all funds
collected under this Ordinance is subject to review and audit by the
Tribe as part of the annual financial audit of the Alcohol Regulatory
Authority.
Section 10.3 Reports
The Alcohol Regulatory Authority shall submit to the Kaw Nation Tax
Commission a monthly report and accounting of all fees, taxes,
payments, fines, costs, assessments, and all other revenues collected
and expended pursuant to this Ordinance.
Article XI--Miscellaneous
Section 11.1 Liability for Unpaid Amounts Due to Vendors or Authorities
The Tribe shall have absolutely no legal responsibility for any
amounts owed by a Licensee to a Wholesale supplier or any other person,
including Federal or State regulatory authorities.
Section 11.2 Other Business by Operator
A Licensee may conduct another business simultaneously with the
Sale of Alcohol and/or Alcoholic Beverages, so long as such additional
business complies with Tribal, Federal, County, or State law. Said
additional business may be conducted on the same Premises, but the
Licensee shall be required to maintain subsidiary books of account to
insure accountability of Alcohol and/or Alcoholic Beverage Sales and
other separate business operations.
Section 11.3 Tribal Liability and Credit
Licensees are forbidden to represent or give the impression to any
supplier or person with whom he or she does business that he or she is
an official
[[Page 71915]]
representative of the Tribe or the Alcohol Regulatory Authority
authorized to pledge Tribal credit or financial responsibility for any
of the expenses of his or her business operation. The Licensee shall
hold the Kaw Nation harmless from all claims and liability of whatever
nature. The Alcohol Regulatory Authority shall revoke the License
related to any Premises if said Premises is not operated in a
businesslike manner or if it does not remain financially solvent or
does not pay its operating expenses and bills before they become
delinquent.
Section 11.4 Insurance
The Licensee shall maintain at his or her expense adequate
insurance covering liability risk as determined by Regulations adopted
by the Alcohol Regulatory Authority.
Section 11.5 Audit and Inspection
All of the books and other business records of the Licensed
business shall be available for inspection and audit by the Alcohol
Regulatory Authority or its authorized representative at any reasonable
time.
Section 11.6 Payment of Tax; Reports; Bonding
The tax, together with financial reports showing all Sales of
Alcohol shall be remitted to the Kaw Nation Tax Commission monthly
unless otherwise specified, in writing, by the Alcohol Regulatory
Authority. The Alcohol Regulatory Authority may require a Licensee to
furnish a satisfactory bond to the Tribe in an amount to be specified
by the Alcohol Regulatory Authority guaranteeing his or her payment of
taxes provided herein.
Section 11.7 Violation--Penalties
Any person violating the Ordinance shall be guilty of a civil
offense and subject to a fine set by the Alcohol Regulatory Authority.
Any person who violates the provisions set forth herein shall forfeit
all of the Alcohol on the Premises. The Alcohol Regulatory Authority
shall be empowered to seize all forfeited Alcohol. Specific fines shall
be set by the Alcohol Regulatory Authority and may be amended from time
to time by official action of the Alcohol Regulatory Authority.
Section 11.8 Severability
If any provision of this Ordinance in its application to any person
or circumstance is held invalid, the remainder of this Ordinance and
its application to other persons or circumstances is not affected.
Section 11.9 Amendments
Any amendments to this Ordinance shall be approved by the Tribal
Council and will be effective as of the date approved by the Bureau of
Indian Affairs.
[FR Doc. 2021-27496 Filed 12-17-21; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on December 20, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.