[Federal Register Volume 77, Number 69 (Tuesday, April 10, 2012)]
[Notices]
[Pages 21581-21584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8571]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kootenai Tribe of Idaho: Chapter 11--Alcohol Control Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes Chapter 11--Alcohol Control Act for the
Kootenai Tribe of Idaho. The Act regulates and controls the possession,
sale and consumption of liquor within the Kootenai Tribe of Idaho's
Reservation. This Act allows for the possession and sale of alcoholic
beverages within the jurisdiction of the Kootenai Tribe of Idaho's
Reservation, will increase the ability of the tribal government to
control the distribution and possession of liquor within their
reservation, and at the same time will provide an important source of
revenue, the strengthening of the tribal government and the delivery of
tribal services.
[[Page 21582]]
DATES: Effective Date: This Act is effective April 10, 2012.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911
NE. 11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503)
231-6731: or De Springer, Office of Indian Services, Bureau of Indian
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240;
Telephone (202) 513-7626.
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 Kootenai Tribal Council adopted
Resolution No. 11-12 to enact a new Chapter 11--Alcohol Control Act on
August 9, 2011.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the Kootenai Tribal Council duly adopted
Resolution No. 11-12 to enact a new Chapter 11--Alcohol Control Act on
August 9, 2011.
Dated: April 2, 2012.
Donald E. Laverdure,
Principal Deputy Assistant Secretary--Indian Affairs.
Chapter 11--Alcohol Control Act for the Kootenai Tribe of Idaho
reads as follows:
CHAPTER 11--ALCOHOL CONTROL ACT
This Act repeals the previous Chapter 11 Alcohol Control, approved
September 1994, in its entirety and replaces it with this restated
Chapter 11.
11-1. TITLE AND PURPOSE.
11-1.01. This Chapter shall be known as the KOOTENAI TRIBE OF IDAHO
ALCOHOL CONTROL ACT.
11-1.02. The purpose of this Chapter is to regulate and control the
distribution and sale of liquor within the territory identified in
Article I of the Kootenai Tribe of Idaho Constitution in conformance
with federal law.
11-2. AUTHORITY.
11-2.01. Powers of Council. This Chapter is enacted pursuant to the
authority vested in the Tribal Council of the Kootenai Tribe of Idaho
under Article IV, Section 1 of the Kootenai Tribe of Idaho Constitution
adopted April 10, 1947 and where applicable the Act of August 15, 1953
(Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161).
11-2.02. Territory. The Kootenai Tribe of Idaho exercises
jurisdiction over the area of Indian trust lands acquired under the Act
of February 8, 1887 (24 Stat. 388), and other trust lands acquired
pursuant to the Act of May 10, 1926 (44 Stat. 202), and over any lands
which may hereafter be acquired by or for the Kootenai Tribe of Idaho
as set forth in Article I of the Kootenai Tribe of Idaho Constitution.
11-3. DEFINITIONS.
11-3.01. As used in this Chapter, except as may be specifically
provided otherwise, the following definitions shall apply.
(1) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, which is produced by the
fermentation or distillation of grain, starch, molasses, or sugar, or
other substance including all dilutions and mixtures of this substance.
(2) ``Beer'' means any malt beverage, flavored malt beverage, or
malt liquor as these terms are defined in this chapter.
(3) ``Kootenai Reservation'' refers to the lands defined in section
11-2.02, above.
(4) ``Licensee'' means any Tribally-owned business entity licensed
by the Tribal Council to own and/or operate a liquor outlet.
(5) ``Liquor'' includes the four varieties of liquor herein defined
(alcohol, spirits, wine and beer), and all fermented spirituous,
vinous, or malt liquor or combination thereof, and mixed liquor, or
otherwise intoxicating; and every liquor or solid or semisolid or other
substance, patented or not, containing alcohol, spirits, wine and beer,
and all drinks or drinkable liquids and all preparations or mixtures
capable of all human consumption and any liquid, semisolid, solid, or
other substances, which contain more than one percent of alcohol by
weight shall be conclusively deemed to be intoxicating.
(6) ``Malt Beverage'' or ``malt liquor'' means any beverage such as
beer, ale, lager, stout, porter, flavored malt beverages such as wine
coolers, obtained by the alcoholic fermentation of an infusion or
decoction of pure hops, or the pure extract of hops and pure barley
malt or other wholesome grain or cereal in pure water containing not
more than eight percent of alcohol by weight, and not less than one-
half of one percent of alcohol by volume. Any such beverage containing
more than eight percent of alcohol by weight shall be referred to as
strong beer.
(7) ``Liquor Outlet'' means any business where liquor is served,
sold and/or consumed.
(8) ``Spirits'' means any beverage which contains alcohol obtained
by distillation and intended for consumption.
(9) ``Tribal Council'' or ``Council'' means the Tribal Council of
the Kootenai Tribe of Idaho.
(10) ``Tribe'' means the Kootenai Tribe of Idaho.
(11) ``Wine'' means any alcoholic beverage obtained by fermentation
of fruits or other agricultural products containing sugar and
containing not more than twenty-four percent alcohol by volume and not
less than one-half of one percent of alcohol by volume. For purposes of
this chapter, ``wine coolers'' shall not be defined as wine but rather
as a ``malt beverage''.
11-4. POSSESSION OF ALCOHOL
11-4.01. Possession of Alcohol is prohibited on the Kootenai
Reservation, except as provided in this Chapter and in the locations
identified in 11-4.02.
11-4.02. Tribal Council authorizes possession of alcohol at the
Kootenai River Inn Casino & Spa, Twin Rivers RV Resort and such other
locations as Tribal Council may designate by Resolution.
11-4.03. Violations of this Section
(1) Any individual found to be in possession of alcohol on the
Kootenai Reservation in violation of this section is guilty of a crime
under Section 4-5 of the Criminal Code.
(2) Any individual found to be in possession of alcohol on the
Kootenai Reservation in violation of this section and not subject to
the criminal jurisdiction of the Kootenai Tribe of Idaho is guilty of a
regulatory infraction under Section 5-3.11.
11-5. SALES OF LIQUOR.
11-5.01. Licenses Required. No sales of alcoholic beverages shall
be made within the Kootenai Reservation, except at a Tribally-licensed
business.
11-5.02. Sales for Cash. All liquor sales within the Kootenai
Reservation 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.
11-5.03. Sale for Personal Consumption. All sales shall be for the
personal use and consumption of the purchaser. Resale of any alcoholic
beverage purchased within the Kootenai Reservation is prohibited. Any
person who is not licensed pursuant to this Chapter who purchases an
alcoholic beverage and sells it, whether in the original container or
not, shall be guilty of a violation of this Chapter and shall be
subjected to paying damages to the Tribe as set forth herein.
[[Page 21583]]
11-5.04. Restrictions on Sales. No person shall sell, deliver or
give, or cause or permit to be sold, delivered or given, any alcoholic
beverages to:
(1) Any person under the age of twenty-one (21) years, proof of
which shall be a valid Tribal identification card, driver's license,
military identification card or any other validly issued government
identification card;
(2) Any person apparently or actually intoxicated;
(3) A habitual drunkard; or
(4) An interdicted person.
Any person who fails to comply with this section shall have
committed a violation
11-6. LICENSING.
11-6.01. Eligibility. Only Tribally owned entities shall be
eligible to sell or dispense liquor for consumption and must possess a
valid license issued by the Tribe.
11-6.02. License Issued. Upon approval, Council shall issue a
Tribally-owned entity a Tribal Liquor License for a period of not more
than three (3) years which will entitle the license holder to maintain
one liquor outlet within the Kootenai Reservation. The license is
nontransferable. It shall be renewed at the discretion of the Tribal
Council subject to the terms of this Chapter.
11-6.03. Liability for Bills. A Liquor Outlet License issued by the
Council does not represent any promise or commitment by the Tribe to
assume responsibility for the business. The operator is responsible for
the payment of all Liquor Outlet bills and is forbidden to represent or
give the impression to any supplier that he or she is an official
representative of the Tribe. The license issued by the Tribe under this
Chapter is contingent on the agreement of the operator to hold the
Tribe harmless from all claims and liability related to the operation
of the Liquor Outlet.
11-6.04. No Waiver. The operation of a Tribally-owned Liquor Outlet
is not to be deemed a waiver of sovereign immunity of the Tribe.
11-7. RULES, REGULATIONS, AND ENFORCEMENT
11-7.01. Violations of This Chapter. Any liquor outlet operator who
violates this Chapter shall be guilty of an offense and subject to a
penalty as determined by the Tribal Court.
11-7.02. Loss of License. In addition to any penalties imposed, any
license issued under this Chapter may be suspended or canceled by the
Tribal Council after ten (10) days notice to the licensee. The decision
of the Tribal Council shall be final.
11-7.03. Tribal Law. Nothing in this Chapter shall preempt the
criminal offenses imposed by Section 4-5 of Chapter 4 Crimes or the
Regulatory Infractions of Chapter 5 of the Kootenai Law and Order Code.
11-7.04. Non-Indian Offenders. Any individual who is in violation
of this Chapter or Chapter 4 shall be subject to a Regulatory
Infraction and/or exclusion and shall be subject to any State action
against them.
11-8. VIOLATION--CIVIL PENALTIES, BURDEN OF PROOF
11-8.01. Any person violating any of the provisions of this
Chapter, except where a specific civil fine is provided, shall be
subject to a civil fine of not less than three hundred dollars ($300)
nor more than three thousand dollars ($3000) and shall be subject to
any other lawful penalty such as loss of license, forfeiture of
contraband and/or exclusion from the Reservation. Any court in which a
civil judgment against any licensee shall be entered shall forthwith
certify a copy thereof to the Tribal Council and the Council shall
thereupon give notice of intent to revoke any license issued to such
person or to exclude the person from the Reservation under Chapter 12
of this Code.
11-8.02. A violation of any of the provisions of this Chapter by
any person in any way acting on behalf of the licensee shall be
presumed to be a violation by the licensee.
11-8.03. All violations of this Chapter must be proven to the
satisfaction of the Court by a preponderance of the evidence presented
by any person qualified to appear before the Court on behalf of and at
the direction of the Tribal Council.
11-9. OTHER PROVISIONS
11-9.01. Persons Not Allowed To Purchase, Possess Or Consume
Liquor. Any person under the age of twenty-one (21) years who shall
purchase, attempt to purchase, possess, or consume alcoholic beverages
shall have committed a violation and shall be reported to the proper
authorities.
11-9.02. Identification Required. It shall be a violation for any
person to refuse to present valid identification indicating age when
requested to do so by a licensee under this Chapter or the employee of
such licensee or by a law enforcement officer with authority within the
Kootenai Reservation if that person shall appear to be under the age of
twenty-nine (29) and that person possesses, purchases, attempts to
purchase or consumes alcoholic liquor, as defined by section 23-115,
Idaho Code or beer as defined by section 23-1101, Idaho Code or is
within a premises licensed to sell liquor by the drink at retail, or
licensed to sell beer for consumption on the premises.
11-10. SUSPENSION AND REVOCATION OF LICENSE
11-10.01. Procedures. The Tribal Council may suspend or revoke a
license issued in accordance with this Chapter for any violation of or
failure to comply with the provisions of this Chapter or Idaho statute,
or any rules and regulations promulgated pursuant to such laws.
Procedures for suspension or revocation of licenses issued under this
Chapter are the following:
(1) The Council shall give written notice of the alleged violations
to the licensee and grant an opportunity to the licensee to challenge
the allegations within thirty (30) days. The Council shall inform the
licensee that it will suspend or revoke the license if no challenge is
made within thirty (30) days.
(2) If a challenge is made, the Council shall set a time for
hearing during a Council meeting and immediately send written notice to
the licensee and the complaining officer or individual of the date,
time and place of the hearing.
(3) A licensee who makes a timely challenge to alleged violations
shall have the right to present evidence, including testimony of
witnesses, that the licensee did not commit the violations alleged. The
person alleging the violations shall present evidence of the violations
at the same meeting and failure to do so will result in dismissal of
the complaint.
(4) The complaining party must prove the violations took place by a
preponderance of the evidence.
11-10.02. Monetary Penalty. When the Council makes a determination
to suspend a license, the licensee may petition the Council to
substitute a monetary penalty in lieu of the license suspension. If the
Council determines such payment to be consistent with the purpose of
this Chapter and is in the Tribal interest, it shall establish a
payment in any amount not to exceed five thousand dollars ($5,000). The
licensee may reject the amount determined by the Council, and shall
have the license suspended until the terms of the suspension are met.
Upon payment of the amount established, the Council shall cancel the
suspension. The Council shall cause any payment to be paid to the
treasurer of the Tribe.
11-11. SEVERABILITY AND MISCELLANEOUS
11-11.01. Severability. If any provision or application of this
Chapter is determined by review to be invalid, such adjudication shall
not be held to render ineffectual the remaining portions of this
chapter or to render such provisions inapplicable to other person or
circumstances.
[[Page 21584]]
11-11.02. Prior Enactments. All prior enactments of the Tribal
Council, which are inconsistent with the provisions of this Chapter,
are hereby rescinded.
11-11.03. Idaho Law. To the extent required by federal law, all
acts and transactions under this Chapter shall be in conformity with
the laws of the State of Idaho as required by 18 U.S.C. 1161.
11-11.04. Effective Date. This Chapter shall be effective upon
adoption by the Tribal Council.
11-12. SOVEREIGN IMMUNITY
11-12.01. Nothing contained in this Chapter is intended to, nor
does it in any way limit, alter, restrict, or waive the Tribe's
sovereign immunity from unconsented suit or action.\1\
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\1\ Federal law imposes the requirement that this Chapter obtain
approval of the Secretary of the Interior and published in the
Federal Register.
[FR Doc. 2012-8571 Filed 4-9-12; 8:45 am]
BILLING CODE 4310-4J-P