PONCA TRIBE OF NEBRASKA

PONCA TRIBE OF NEBRASKA

TITLE XVI

LIQUOR CONTROL

CHAPTER 1

GENERAL PROVISIONS

Section 16-1-1. Authority. This Title is enacted by the Tribal

Council:

1. Pursuant to and in accordance with Article V, Section

1(3), (1), (0), and (p) of the Constitution;

2. Pursuant to and in accordance with federal statutes and

other laws, including the Act of August 15, 1953, 67 Stat. 586,

codified at 18 U.S.C. § 1161, which provide a federal legal basis

for the Tribe to regulate liquor on Tribal lands; and

3. In conformity with applicable state laws.

Section 16-1-2. Purpose. The Tribe wishes to exercise its

sovereignty and federal delegated authority to control liquor on

Tribal lands and, therefore, the purpose of this Title is:

1. To control liquor manufacturing, distribution, sale, and

possession on Tribal lands;

2. To establish procedures for the licensing of the

manufacture, distribution, and sale of liquor on Tribal lands; and

3. To otherwise regulate the manufacture, distribution,

sale, and consumption of liquor.

Section 16-1-3. Definitions. | Unless the context requires

otherwise or another definition is provided for a particular

chapter or section, in this Title:

1. “Alcohol” means the product of distillation of any

fermented liquid, whether rectified or diluted, whatever. the

origin, and includes synthetic ethyl alcohol and alcohol processed

or sold in a gaseous form, but excludes denatured alcohol or wood

alcohol.

2. “Beer” means any beverage obtained by the alcoholic

fermentation of an infusion or decoction of pure hops, or pure

extract of hops and pure barley malt or other wholesome. grain or

cereal in pure water and includes, but is not limited to, beer,

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ale, malt liquor, stout, lager beer, porter, near beer, flavored

malt beverage, and hard cider.

3. “Board” means the Ponca Tribe of Nebraska Liquor Control

Board. ‘

4. “Board member” means a member of the Board.

5. “Brewer” .means any person engaged in the business of

manufacturing beer.

6. “Consume” means knowingly and intentionally drinking or

otherwise ingesting.

7. “Distiller” means any person engaged in the business of

distilling or manufacturing spirits.

8. “Distribute” means to acquire, purchase, store,

introduce, import, export, sell, offer for sale, deliver,

transport, give away, offer to give away, or otherwise possess

liquor for resale or further processing, or otherwise. introduce,

import, export, sell, resell, offer for sale or resale, deliver,

transport, give away, or offer to give away liquor to a retailer.

9, “Liquor” means alcohol, beer, spirits, wine, all other

fermented, spirituous, vinous, or malt liquors, or combinations

thereof and mixed liquor, a part of which is fermented, spirituous,

vinous, malt liquor, or otherwise intoxicating, and includes every

liquid, solid, semi-solid, or other substance, patented or not,

containing alcohol, beer, spirits, or wine and all preparations or

mixtures of liquor capable of human consumption.

10. “Manufacture” means to distill, rectify, ferment, brew,

make, mix, concoct, process, blend, bottle, or fill an original

package with any liquor and includes blending, but does not include

the mixing or other preparation of drinks for serving for

consumption on the premises where sold, sampled, or given away.

11. “Manufacturer” means any person engaged in the

manufacture or other preparation of liquor in any form whatsoever,

including brewers, distillers, and wineries, but does not include

the mixing or other preparation of drinks for consumption on the

premises where sold, sampled, or given away.

12. “On-sale” means the sale of liquor for consumption upon

the premises where sold or given away and includes the mixing or

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other preparation of drinks for serving for consumption on the

premises where sold or given away.

13. “Off-sale” means the sale of liquor for consumption off

the premises where sold or given away.

14. “Retailer” means any person who acquires liquor from a

wholesaler or otherwise sells, offers for sale, distributes, gives

away, or offers to give away any liquor from any location or

facility for any purpose other than resale or further processing.

15. “Retail sale” means any sale made for any purpose other

than for resale or further processing.

16. “Sale” means the transfer of ownership of, title to, or

possession of goods for money, other goods, services, or other

valuable consideration, including bartering, trading, exchanging,

renting, leasing, conditional sales, and. any sales where

possession of goods is given to the buyer but title is retained by

the seller as security for the payment of the purchase price.

17. “Sampling” means consumption on the premises of a

licensee of not more than five (5) samples of one (1) fluid ounce

or less of liquor by the same person in a twenty-four (24) hour

period.

18. . “Sell” means to solicit or receive an-.order for a sale,

make or consummate a sale, or keep or expose for sale and includes >

intending to sell and keeping with intent to sell.

19. “Spirits” means any beverage which contains alcohol

obtained by distillation, whether mixed with water or other

substance in solution, and includes brandy, rum, whiskey, gin, or

other spirituous liquors and such liquors when rectified, blended,

or otherwise mixed with alcohol or other substances.

20. “Tribal lands” means:

a. All lands held in trust by the United States for

the benefit of the Tribe or its members;

b. All fee lands owned by the Tribe and located within

one or more of the Tribe’s service areas as defined by Public

Law 101-484 and any amendments thereto; and

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om All lands of the Tribe or its members defined as

Indian country by 18 U.S.C. § 1151, including dependent Indian

communities.

21. “Wholesaler” means any .person who distributes or is

engaged in distributing of liquor. ;

22. “Wine” means any alcoholic beverage obtained by

fermentation of fruits, vegetables, or other agricultural products

containing sugar, including such beverages when fortified by the

addition of alcohol or spirits.

23. “Winery” means any person engaged in the business of

producing or manufacturing wine.

Section 16-1-4. Consent to Jurisdiction.

1. This Title shall apply to any person who:

a. Resides or is located on Tribal lands;

b. Conducts business or engages in a business

transaction on Tribal lands, with another person located on

Tribal lands, or with the Tribe; :

om Enters into a consensual relationship with Tribe or

its members;

d. Acts under Tribal authority; or

€. Enters Tribal lands.

2. Any person to whom this Title applies shall be deemed to

have consented to the following:

a. To be bound by the terms of this Title;

b. To the exercise of jurisdiction of the Liquor Board

over him or her; and

om To the exercise of jurisdiction by the Tribal Court

over him or her in an action arising under this Title.

Section 16-1-5. Non-Liability. There shall be no liability on

the part of the Tribe, its agencies, departments, enterprises,

agents, officers, officials, or employees for any damages which

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may occur as a result of reliance upon or conformity with the

provisions of this Title.

Section 16-1-6. Severability. If any chapter, section, or

provision of this Title or amendment made by this Title is held

invalid, the remaining chapters, sections, and provisions of this

Title and amendments made by this Title shall continue in full

force and effect.

Section 16-1-7. Sovereign Immunity. Except where expressly waived

by a section of this Title specifically referring to a waiver of

sovereign immunity, nothing in this Title shall be construed as

limiting, waiving, or abrogating the sovereignty or the sovereign

immunity of the Tribe or any of its agencies, departments,

enterprises, agents, officers, officials, or employees.

CHAPTER 2

LIQUOR CONTROL BOARD

Section 16-2-1. Establishment.

1. There is hereby established a liquor control board to be

known as the Ponca Tribe of Nebraska Liquor Control Board as an

agency of the Tribe, under the authority of the Tribe, and

delegated the powers, duties, and responsibilities set forth in

this Title and.as otherwise provided by the laws of the Tribe.

2. The Board may employ such other personnel and employees

as may be required for the proper discharge of its duties under

this Title, provided that, to the maximum extent feasible, the

Board shall first use personnel and employees of the Tribal

administration as authorized in this Chapter.

Section 16-2-2. Composition. The Board shall consist of five (5)

members as follows:

1. One (1) Tribal Council member designated by the Tribal

Council, who shall serve as the Chairperson of the Board; and

2. Four (4) individuals who shall be appointed by the Tribal

Council.

Section 16-2-3. Qualifications. To be qualified to be appointed

a Board member, a person shall:

1. Be at least the age of majority;

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2. Have no conflicts of interest, as defined in this

Chapter;

3. Not have been convicted of any felony or any crime

involving or related to alcohol or drugs in any court of any

jurisdiction in the five (5) years prior to appointment unless

pardoned and fully restored of his or her civil rights by the

proper authorities prior to appointment; |

4. Be willing and able to comply with the ethical duties of

Board members, as defined in this Chapter;

5. Be willing and able to perform the Board’s duties in

compliance with the laws of the Tribe;

6. Have or acquire knowledge of this Title;

7. Have the time available to actively fulfill the duties

of a Board member; and

8. Be willing to receive orientation and training regarding

the duties of the Board.

Section 16-2-4. Term of Office.

1. The Tribal Council member designated by the Tribal

Council to serve on the Board shall hold office until he or she no

longer holds office on the Tribal Council regardless of whether

there is a successor in the office, but a former Tribal Council

member designated by the Tribal Council to serve on the Board may

be appointed to another position on the Board in accordance with

this Chapter.

2. Upon the selection of the initial Board members, the

Tribal Council shall choose from the members other than the Tribal

Council member designated by the Tribal Council to serve on the

Board, by lot, one (1) Board member who will serve an initial’ term

of one (1) year, one Board member who will serve an initial term

of two (2) years, and two (2) Board members who will serve an

initial term of three (3) years. Thereafter, the term of office

for Board members shall be three (3) years.

3. Except as otherwise provided herein, each Board member

shall serve until he or she resigns, is removed, or the Tribal

Council appoints his or her successor.

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Section 16-2-5. Compensation. Board members shall be compensated

at a rate set by the Tribal Council. In addition, Board members

shall be paid for mileage for every Board meeting attended in

accordance with the rules applicable to and at the standard rate

established for Tribal officers and employees.

Section 16-2-6. Resignation and Removal.

1. Any Board member may resign from his or her position by

delivering a written resignation to the Tribal Council.

2. Any Board member who is a Tribal Council member

designated by the Tribal Council to serve on the Board shall

automatically be removed from the Board upon the Tribal Council

member’s resignation or removal from the Tribal Council.

3. The Tribal Council may, by majority vote, remove a Board

member for any the following:

a. Violating or permitting violation of this Title;

b. Neglect of duty;

Cc. Malfeasance or misfeasance in the handling of

liquor control matters;

da. Acceptance or solicitation of bribes;

e. Violation of the ethical duties or conflict of

interest provisions of this Chapter;

f. Unexcused absence from three (3) or more

consecutive Board meetings;

ge Any crime committed against the Tribe which results

in a conviction or admission of guilt; or

h. Upon the happening of any event which would have

made the Board member ineligible for appointment if the event

had occurred prior to appointment.

4, The Tribal Council’s decision to remove a Board member

shall be final and not subject to challenge, review, or appeal.

Section 16-2-7. Vacancies. In the event of a vacancy on the

Board, whether by removal, resignation, or otherwise, the Tribal

Council shall appoint a replacement to serve the remaining term of

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the Board member being replaced. In the event of an emergency

vacancy, the Tribal Council may hold a special meeting to fill the

vacancy.

Section 16-2-8. Officers.

1. The Chairperson of the Board shall call and preside over

Board meetings. The Chairperson shall report to the Tribal Council

as required.

2. The Board shall. elect from its members a Secretary at

its first meeting in each calendar year or at the next meeting of »

the Board if a vacancy occurs in the office of Secretary.

3. The Secretary shall be responsible for assuring the

timely and proper production, distribution, and storage of all

written records of the Board, including administrative and

financial documents. The Secretary shall keep minutes of ail

meetings of the Board and shall keep informed about the Board’s

expenditures and budget.

Section 16-2-9. Ethics and Conflicts.

1. No person may be appointed to the Board who:

a. Is employed by, an officer of, or has a private

ownership interest, whether direct-or indirect, in any entity

or organization that is a retailer, wholesaler, brewer,

distiller, winery, or other manufacturer;

b. Is engaged in litigation against the Tribe in a

matter related to the subject matter of the Board; or

Cc. Has a similar interest that would necessarily

conflict with the impartial performance of a Board member’s

duties.

2. The Tribal Council’s determination whether an applicant

for the Board is barred from appointment by a conflict of interest

shall be final. and not subject to challenge, review, or appeal.

3. Board members shall:

a. Not accept or request any gift, gratuity,

compensation, employment, or other thing of value from any

manufacturer, wholesaler, retailer, holder, or applicant for

a liquor license, or other person subject to this Title;

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b. Avoid the appearance of impropriety;

Cc. Not act in an official capacity when a matter before

the Board directly and specifically affects a Board member’s

own interests or the interests of his or her immediate family;

d. Not attempt to exceed the ‘authority granted to

Board members by this Title;

e. ‘Recognize that the authority delegated by this

Title is to the Board as a whole, not to individual Board

members and, accordingly, the powers of the Board may only be

exercised by the Board acting through the procedures

established by this Title;

f. Not take action on behalf of the Board unless

authorized to do so by the Board;

g. Not involve the Board in any controversy outside

the Board’s duties; and

h. Hold all confidential information revealed during

the course of Board business in strict confidence and discuss

or disclose such information only to persons who are entitled

to the information and only for the purpose of conducting

official Board business.

Section 16~-2-10. Recusal.

1. No Board member shall participate in any action or

decision by the Board directly involving:

a. Himself or herself;

b. A member of his or her immediate family;

mer Any person, business, or other entity of which he

or she or a member of his or her immediate family is an

employee;

d. Any business or other entity in which he or she or

a member of his or her immediate family has a substantial

ownership interest; or

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e. Any business or other entity with which he or she

or a member of his or her immediate family has a substantial

contractual relationship.

2. Nothing in this Section shall preclude a Board member

from participating in any action or decision by the Board which:

a. Generally affects a class of persons, regardless of

whether the Board member or a member of his or her immediate

family is a member of the affected class; and

b. Affects the Tribe, an economic enterprise of the

Tribe, or a person or entity in a contractual relationship

with the Tribe or an economic enterprise of the Tribe,

regardless of whether the Board member is also a member of

the Tribe.

3. A Board member may voluntarily recuse himself or herself

and decline to participate in any action or decision by the Board

when the Board member, in his or her own discretion, believes:

a. That he or she cannot act fairly or without bias;

or

b. That there would be an appearance that he or she

could not act fairly or without bias.

Section 16-2-11. Quorum. Three (3) Board members shall constitute

a quorum for conducting business.

Section 16-2-12. Meetings.

1. The Board may hold meetings as it deems necessary.

2. The Chairperson of the Board shall have the authority to

call a meeting of the Board as he or she sees fit upon forty-eight

(48) hours written notice. Written notice to a Board member may

be dispensed with as to any Board member who is actually present

at the meeting at the time it convenes.

3. The Board may conduct a meeting exclusively by

telephone, video conference, or other electronic means provided

that the notice of the Board meeting provides the manner in which

the meeting will be conducted and includes information on how a

person may attend the meeting, such as a telephone number for

participation in the meeting.

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4, All decisions of the Board shall be made by a majority

vote of the Board members attending the meeting, provided a quorum

is present, unless otherwise provided in this Title.

5. Matters dealing with personnel or other confidential

matters shall be conducted in executive session and shall not be

open to the public.

Section 16-2-13. Powers and Duties of Board. The power,

authority, and duties of the Board shall be as follows:

1. To administer, implement, and enforce this Title;

2. To make recommendations to the Tribal Council concerning

amendments to this Title;

3. To set fees for applications, licenses, and renewal of

licenses as provided in this Title;

4. To receive applications for and issue to and suspend,

cancel, and revoke licenses of manufacturers, wholesalers, and

retailers in accordance with this Title and the rules and

regulations of the Board;

5. To obtain information and conduct . background

investigations to determine the suitability of an applicant for a

liquor license;

6. To bring legal action in the name of the Tribe to enforce

this Title;

7. To inspect any premises where liquor is manufactured,

distributed, or sold as provided in this Title;

8. To conduct an audit to inspect any licensee’s records

and books as provided in this Title;

9. To conduct hearings and hear appeals authorized by this

Title, provided the Board shall have no authority to declare any

portion of this Title or other law of the Tribe invalid for any

reason;

10. In the conduct of any hearing or audit, to issue

subpoenas, compel the attendance of witnesses, administer oaths,

and require testimony under oath at any hearing conducted by the

Board;

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11. To examine, under oath, either orally or in writing, any

person with respect to any matter subject of this Title;

12. To collaborate and cooperate with such other agencies of

the Tribe, other tribes, the United States, and the states as

necessary to implement and enforce this Title;

13. To develop standard forms and to require by regulation

the filing of any such forms or reports necessary for

implementation of this Title;

14. To utilize or adopt forms from other appropriate

jurisdictions to use as its own so long as such forms meet the

reguirements of the laws of the Tribe for which such forms are

utilized;

15. To promulgate rules and regulations, subject to approval

of the Tribal Council and consistent with the laws of the Tribe,

which are necessary for carrying out this Title;

16. To delegate any of its power, authority, and duties to

an individual Board member or other personnel or employee of the

Board, provided that the Board shall. not delegate its power topromulgate rules and regulations or to conduct hearings and hear

appeals; and

; 17. To perform all other duties delegated or assigned to the

Board by this Title or other laws of the Tribe or the Tribal

Council and otherwise implement this Title.

Section 16-2-14. Obtaining Information.

1. ©. The Board may request such information relevant and

material to the enforcement of this Title from any and all persons

who:

a. Are engaged in the introduction, sale,

distribution, or possession of liquor on Tribal lands or with

the Tribe; or

b. Are otherwise subject to the jurisdiction of the

Tribe.

2. Upon a written request, such persons shall provide the

information requested by the Board. The Board may issue a subpoena

as provided in this Chapter or request the Court to issue a

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subpoena or other order, including ex parte without a hearing, to

obtain the information required to be provided under this Section.

Section 16-2-15. Investigative Authority.

1. For the purpose of enforcing the provisions of this

Title, the Board shall have the authority to inspect property

during regular business hours, to examine and require the

production of any pertinent records, books, information, or

evidence, and to require the presence of any person and require

testimony under oath concerning the subject matter of any inquiry

of the Board, and to make a permanent record of the proceeding.

2. For the purpose of accomplishing the authority granted

in this Section, the Board shall have the power to issue subpoenas

and summons requiring attendance and testimony of witnesses and

' production of papers or other things at any hearing held pursuant

to this Title. a

3. If a person fails to comply with a subpoena issued by

the Board, the Board may apply to the Tribal Court for issuance of

an order to show cause which directs that the: person against whom

the subpoena was issued shall comply with the subpoena within ten

(10) business days or show cause why he or she should not be held

in contempt of court in accordance with the laws of the Tribe.

The Tribal Court shall issue the order to show cause without notice

or hearing, unless. the Court finds that the subpoena was not

lawfully issued or was not properly served in accordance with this

Section.

4. Any subpoena, summons, or notice issued by the Board

shall be served in the manner provided for service of the same in

the rules of procedure governing civil actions in Tribal Court.

Section 16-2-16. Rules and Regulations. The Board shall.

promulgate rules and regulations, not inconsistent with this Title

and subject to the approval of Tribal Council, as it deems

necessary or desirable in the public interest in carrying out the

duties of the Board including, but not limited to:

1. Internal operational procedures;

2. The forms to be used for purposes of this Title;

3. Procedures for conducting investigations and

inspections;

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4. Procedures for all hearings conducted by the Board;

5. Conditions of sanitation of premises of licensees of the

Board; and

6. Protection of the due process rights of all persons

subject to the enforcement of this Title by the Board.

Section 16-2-17. Board Seal.

1. The Board shall acquire an official seal which shall be

used on all original and/or certified copies of all documents of

the Board to evidence their.authenticity.

2. The seal of the Board shall:

a. Be circular in shape;

b. Contain the words “Ponca Tribe of Nebraska” around

the top edge;

Cc. Contain the words “Liquor Control Board” around the

bottom edge; and

a. Contain the words “Official seal” in the center.

3. The seal shall be secured at all times to prevent

unauthorized use.

Section 16-2-18. Stamps and Licenses.

1. The Board shall provide for the form, size, color, and

identifying characteristics of all licenses, permits, stamps,

tags, receipts, or other instruments evidencing receipt of any

license or payment of any fee administered by the Board or

otherwise showing compliance with this Title.

2. Any instrument developed by the Board under this Section

shall contain at least the following information:

a. The words “Ponca Tribe” or, if space allows, “Ponca

Tribe of Nebraska;”

b. If space allows, the words “Liquor Control Board;”

Cc. If the instrument is a license or permit, an

indication of the type of license or permit, its effective

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dates, and the name and address of the person to whom it is

issued; and

d. If the instrument is a receipt, an indication of

what the receipt is for, any amount the receipt is for, and

the name and address of the person to whom it is issued.

3. The Board shall provide for the manufacture, delivery,

storage, and safeguarding of any instrument developed under this

Section and shall safeguard such instruments against theft,

counterfeiting, and improper use.

Section 16-2-19. Records of Board.

1. The Board shall create and maintain accurate and

complete records which contain information and documents necessary

for the proper and efficient operation of the Board, including,

but not limited to:

a. All licenses, permits, and the like issued and any

fees received for the same;

b. All fees and penalties imposed, due, and collected;

and

om Bach and every official transaction, communication,

or action -of the Board.

2. The records of the Board shall be maintained at the

office of the Board and shail not be removed from said office

Without the written authorization of the Board.

3. Except where provided otherwise in the laws of the Tribe,

the records and other information of the Board shall be considered

public records of the Board and shall be provided or made available

for inspection during regular business hours upon proper written

request to the Board and payment of any copying costs set by the

Board, provided that confidential personal information appearing

in such records is rendered unreadable prior to provision or

inspection.

4. The records of the Board shall be subject to audit at

any time at the direction of the Tribal Council, but not less than

once each year.

Section 16-2-20. Use of Other Resources. In carrying out its >

duties and responsibilities:

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1. The Board may use the services, information, or records

of other departments and agencies of the Tribe or otherwise

available to the Tribe, both from within and without the Tribe,

and such departments, agencies, and others shall furnish such

services, information, or records upon request of the Board; and

2. The Board may use personnel and employees of the Tribal

administration as it would personnel and employees of the Board,

provided the Board coordinates with and obtains approval from the

Tribal administration.

CHAPTER 3

LIQUOR LICENSES

Section 16-3-1. License Required. No person may sell, distribute,

or manufacture liquor on or to Tribal lands except as specifically

authorized by a license issued in accordance with this Chapter and

compliance with all other applicable laws governing the same.

Section 16-3-2. Exemptions. The following liquor and activities

shall be exempt from the provisions of this Title, including the

requirement of a liquor license:

1. Any pharmaceutical preparation containing liquor which

is .prepared by a druggist according to a formula of the

pharmacopeia or dispensatory of the United States;

2. Wine or beer manufactured in a residence for consumption

therein and not for saie;

3. Alcohol used or intended for use:

a. For scientific research or manufacturing products

other than liquor;

b. By a physician, medical or dental clinic, or

hospital;

Cc. In tinctures or toilet, medicinal, or. antiseptic

_preparations and solutions not intended for internal human

use nor to be sold as beverages, and which are unfit for

beverage purposes, such as cleaning compounds; ,

d. In food products known as flavoring extracts when

manufactured and sold for cooking, culinary, or flavoring

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purposes, and which are unfit for use for beverage purposes;

or

e. By persons exempt from regulation in accordance

with the laws of the United States;

4. Ethanol or ethyl alcohol for use as fuel; and

5. Liquor used in a bona fide religious ceremony.

Section 16-3-3. Liquor Licenses.

1. Licenses issued by the Board shall be of the following

types:

a. Manufacturer license;

b. Wholesale license;

c. Retail license; and

d. Special event license.

2. Except for special event licenses, a license issued by

the Board shall be in force and effect for one (1) year following

the date it is issued, unless sooner revoked. .

3. Any person required to obtain a license under this

Chapter who fails to obtain such license or who continues to

manufacture, distribute, or sell liquor after such license has

been revoked shall forfeit his or her right to manufacture,

distribute, or sell liquor on or to Tribal lands until he or she

complies with all of the provisions of this Title.

Section 16-3-4. Manufacturer License.

1. A person shall be required to first obtain a manufacturer

license from the Board if such person:

a. Brews, distills, or otherwise manufactures liquor

on Tribal lands; or

b. Otherwise is a manufacturer located on Tribal lands

or to whom this Title applies.

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2. If a person manufactures liquor at two or more separate

places of business on Tribal lands, a separate manufacturer license

shall be required for each place of business.

3. A manufacturer license’ shall allow, Without the

requirement of any other license under this Chapter:

a. The manufacture, distilling, brewing, and storage

of liquor on Tribal lands;

b. The distribution of liquor brewed, distilled, or

otherwise manufactured by the manufacturer to licensees on

Tribal lands;

Cc. The distribution of liquor brewed, distilled, or

otherwise manufactured by the manufacturer on or from the

location on Tribal lands designated in the manufacturer

license;

d. The purchase of liquor from licensed wholesalers

and licensed manufacturers;

e. The sampling of liquor on the premises of the

manufacturer, a licensed retailer, or licensed wholesaler by

a licensee and his or her employees; and

f. The retail: on-sale of liquor to individuals on the

premises of the manufacturer.

4. The fees for a manufacturer license, including the

renewal thereof, shall be set by the Board.

Section 16-3-5. Wholesale License.

1. A person shall be required to first obtain a wholesale

license from the Board if such person:

a. Distributes liquor to Tribal lands or to any person

on Tribal lands;

b. Distributes liquor from a location on Tribal lands;

om Stores liquor on Tribal lands for the purpose or

intent of distributing such liquor to any person; or

d. Otherwise is.a wholesaler located on Tribal lands

or to whom this Title applies.

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2. Ifa person distributes liquor at two: or more separate

places of business on-Tribal lands, a separate wholesale license

shall be required for each place of business.

3. A wholesale license shall allow:

a. The distribution’ of liquor to licensees on Tribal

lands;

b. The distribution of liquor on or from the location

on Tribal lands designated in the wholesale license; and

Cc. The sampling of liquor on the premises of the

wholesaler or a licensed retailer by a licensee and his. or

her employees.

4. The fees for a wholesale license, including the renewal

thereof, shall be set by the Board.

Section 16-3-6. Retail License.

1. A person shall be required to first obtain a retail

license from the Board if such person:

a. Engages in the retail sale of liquor on Tribal

lands; or

b. Otherwise is a retailer located on Tribal lands or

to whom this Title applies.

2. If a person makes sales or is a retailer at two or more

separate places of business on Tribal lands, a separate retail

license shall be required for each place of business.

3. A retail license shall allow:

a. The. purchase of liquor for retail sale from

licensed wholesalers and licensed manufacturers;

b. . The sale at retail, offering for-sale at retail,

and giving away of liquor on the premises of the retailer

specified in the retail. license for use or. consumption but

not for resale in any form; and

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Cc. If the license permits on-sales, the use or

consumption of liquor, including sampling, on the premises of

the retailer by customers of the retailer.

4. A retail license shall designate whether the licensee is

permitted to make on-sales or off-sales, but shall not permit both.

5. The fees for a retail license, including the renewal

thereof, shall be set by the Board.

Section 16-3-7. Special Event License.

1. A person shall be required to first obtain a special

event license from the Board if such person engages in the retail

sale of liquor on Tribal lands for a period of less than seven (7)

consecutive days for an event.

2. If a person required to obtain a special event license

makes sales at two or more separate locations. or events on Tribal

lands, a separate special event license shall be required for each

Location.

3. A special event license shall allow:

‘a. The purchase of liquor for retail sale from

licensed wholesalers and licensed manufacturers;

b. The sale at retail, offering for sale at retail,

and giving away of liquor for use or consumption on the

premises of the event specified in the license, but not for

resale in any form; and

om The sampling of liquor on the premises of the event

by customers of the licensee.

4, A special event license shall designate the precise day

or period of days for which the license was issued'and shall be

valid only for such designated day or days.

5. The fees for a special event license shall be set by the

Board.

6. The Board may provide by regulation for issuing special

event licenses utilizing expedited applications and procedures

exempt from the notice and hearing requirements of this Chapter to

licensed retailers conducting on-sales, including caterers and the

like, for the purpose of allowing such retailers to sell and offer

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for sale liquor at events on premises other than the premises

designated in the retail license.

Section 16-3-8. Registration of Salesmen.

1. No person may take or solicit orders for liquor from a

retailer or wholesaler on Tribal’ lands without first registering

with the Board and providing the following: ,

a. His or her name and address: or equivalent

information to identify the person or persons. taking or

soliciting such orders;

b. The name and address of his or her employer or

principal; and

on Such other information the Board may require.

2. There shall be no fee for registration under this

Section, but registration shall require renewal each calendar

year.

Section 16-3-9. Application for License.

1. Any person or entity desiring a license pursuant to this

Chapter ‘shall complete and file an application for the appropriate

_ license with the Board and pay such application fee as may be set

by the Board to defray the costs of processing the application.

2. In addition to any other items. required by the Board,

all applications for a license pursuant to this Chapter shall

include the following:

a. The name, address, and telephone number of the

applicant;

b. Any other names used by the applicant, including

trade names;

c. Whether the applicant is a partnership,

corporation, limited liability company, sole proprietorship,

or other entity and the jurisdiction where the applicant is

organized or registered to conduct business;

d. The names, addresses, telephone numbers, and social

security numbers of the applicant’s principals, which shall

include the applicant’s officers, -directors, managers,

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owners, partners, and stockholders that .own twenty-five

percent (25%) or more of the applicant’s business, and the

ten (10) largest owners, partners, and stockholders of

applicant’s business regardless of percentage of stock owned;

e. The identity of all persons, other than principals,

who have an economic interest in the applicant’s business;

£. The federal tax identification number or social

security number of the applicant;

g. The location where the applicant intends to sell,

distribute, or manufacture liquor, as the case may be;

h. The type of application desired;

i. Whether the applicant will sell, distribute, or

manufacture liquor;

5. Whether the applicant is licensed to. sell,

distribute, or manufacture liquor, as applicable, by the

appropriate state within whose boundaries the applicant is

geographically located;

k. Information on each liguor license which the

applicant has held in any jurisdiction;

1. Whether the applicant or any of its principals have

been convicted of or plead guilty to a felony or any criminal

offense regarding liquor, including driving while intoxicated

or under the influence of liquor;

m. Whether the applicant or any of its principals have

had a liquor license revoked or suspended in any jurisdiction;

and :

n. Agreement by the applicant to comply with all

applicable laws and all conditions of the license issued by

the Board.

Section 16-3-10. Notice of Application.

1. Upon receipt of an application for a license, the Board

shall issue a notice of the application which shall include:

a. The name of the applicant;

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b. The location where the applicant intends to sell,

distribute, or manufacture liquor;

c.. The date the Board intends to consider the

application, which shall be no sooner than thirty (30) days

after the notice is posted in accordance with this Section;

d. Information on submitting comments on the

application to the Board by mail or electronic means; and

e. A. statement that comments on the application must

_. be received no later than ,the day prior to the Board

considering the application.

2. The notice of the application shall be posted at all

Tribal governmental offices, the applicant’s location if located

on Tribal lands, on the Tribe’s website for at least thirty (30)

days and, if an edition of the Tribal newsletter will be released

prior to consideration of the application, published in the Tribal

“newsletter.

3. Persons may submit comments on the application in the

Manner prescribed by the Board any time prior to the Board

considering the application.

Section 16-3-11. Processing Application.

1. Upon receipt of an application for a license, the Board

shall conduct or cause to be conducted a background investigation

of the applicant and each of its principals. The background

investigation shall include, at a minimum:

a. Verification of the applicant's business

organization and registration status;

b. Verification of the applicant’s state liquor

license, its status, and any enforcement history; and

c. Conducting a criminal history check of the

applicant and the applicant’s principals.

Qe The Board shall issue a license to-an applicant only if

it finds, after considering the application and any comments

submitted by the public:

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a. The applicant did not knowingly provide any false

information to the Board regarding its application;

b. The applicant is or is expected to be licensed to

sell, distribute, or manufacture liquor, as applicable, by

the appropriate state within whose boundaries the applicant

is geographically located;

om Tf the applicant is a corporation or other entity,

that it is organized under the laws of the Tribe or registered

to conduct business in the territory of the Tribe in

accordance with the laws of the Tribe governing the same;

d. Neither the applicant nor any of its principles has

been convicted of or plead guilty to a felony or any criminal

offense related to liquor in any jurisdiction, other than

driving while intoxicated or under the influence of liquor;

e. Neither the applicant nor any of its principals has

had a liquor license revoked in any jurisdiction in the

previous two (2) years;

f. The requirements of this Title and the Board’s

rules and regulations have been met;

g. The applicant’s capability, qualifications, and

reliability are satisfactory; and

h. The best interests of the Tribe, its members, and

the community as a whole will be served by the issuance of

the license.

3. In reviewing an applicant’s capability, qualifications,

and reliability, the Board shall corsider:

a. The character and reputation of the applicant;

‘b. The suitability of the physical premises of the

applicant;

om The plan of operation of the applicant; and

d. Any other relevant consideration.

4. In reviewing the interests of the Tribe, its members,

and the community as a whole, the Board shall consider:

XVI-24

a. The need of the area to be served by the applicant;

b. The number of existing licensed businesses covering

the area;

c. The desires of the community within the area to be

served;

d. Any law enforcement problems which may arise

because of the sale, distribution, or manufacture of liquor

by the applicant; and

e. Any other relevant consideration.

5. The Board, in its discretion and upon notice to the

applicant and the public, may conduct a hearing regarding any

application. Such hearing shall be open to the public and any

interested persons shall be permitted to present information,

including witnesses and evidence, to the Board regarding the

application.

6. If an applicant has not obtained a liquor license from

the appropriate state within whose boundaries the applicant is

located, the Board may approve the applicant’s license conditioned

upon the receipt of such state liquor license. If the Board

conditionally approves a license pursuant to this subsection, the

Board shall not issue a license to the applicant unless and until

the applicant provides satisfactory proof that it has received a

state liquor license.

7. The Board shall issue a decision on the application in

writing. The Board’s decision shall be served on the applicant

-and posted at all Tribal governmental offices and on the Tribe’s

website for at least fifteen (15) days and published in the next

edition of the Tribal newsletter.

Section. 16-3-12. Form of License.

1. Each license issued pursuant to this Chapter shall

specify:

a. The name and address of the licensee;

b. The type of license issued;

c. The premises to which the license applies;

XVI-25

d. If the license is a manufacturer license, the type

of liquor the licensee is permitted to manufacture, distill,

brew, store, and sell; and ,

e. If the license is a retail license, whether it

permits on-sales or off-sales with respect to the premises to

which the license applies.

2. The licensee must keep the license posted at all times

in a conspicuous place on the premises for which it has been

issued.

3. Licensees must pay all taxes assessed against it under

the laws of the Tribe.

4. Licensees shall comply, as a condition of retaining such

license, with all applicable laws of the Tribe and with all

requests of the Board for inspection, examination, and audit

permitted under this Title.

5. Notwithstanding anything else in the laws of the Tribe,

a license issued pursuant to this Chapter constitutes only a permit

to the licensee to conduct the activities permitted by the license

for the duration of the license and shall.not be construed or

deemed to constitute a property or other vested right of any kind

or give rise to a legal entitlement to a license for any future

period of time.

Section 16-3-13. Renewal of License.

1. A licensee may renew its license by filing an application

for renewal with the Board and paying such renewal application fee

as may be set by the Board to defray the costs of processing the

application.

2. The renewal application shall identify any changes in

information required on the licensee’s application for a license

since the issuance of the license or previous renewal, whichever

is later, or the applicant shall certify that no such information

has changed. ,

3. A license issued pursuant to this Chapter shall be

automatically renewed upon submission of a renewal application and

payment of the applicable annual license fee, unless:

XVI-26

a. Information required on the application for a

license has changed in such a manner that it makes the

licensee ineligible for a license under this Chapter; or

b. The Board determines in writing that renewal would

not be in the best interests of the Tribe, its members, or

the community as a whole.

Section 16-3-14. Transfer and Modification of License.

1. No license issued pursuant to this Chapter may be

assigned or transferred to any other person or entity.

2. Any change in ownership of the licensee that constitutes

more than fifty percent (50%) of the ownership interest in a

licensee shall require the issuance of a new license in accordance

with this Chapter.

3. A licensee may request a change in the name and/or

address of the licensee or a change in location of the premises to

which the license applies by applying with the Board for a

modification of the license in accordance with this Section and

paying such fee as may be set by the Board to defray the costs of

processing the modification.

4. The Board shall approve a change in the address of the

licensee upon request, provided the change in address is not a

change in location. The Board shall approve a change in the name

of the licensee provided that the name is not the name of an

individual and the change is not the result of any change in more

than fifty percent (50%) of the ownership interest in the’ licensee.

5. If a licensee requests a change in location, the Board

shall issue and post a notice of the modification of location and

permit public comment the same as an application for a new license.

The Board shall approve a change in location only if it finds,

after considering the application and any comments submitted by

the public:

a. The applicant has obtained or is in the process of

obtaining a license or modification for the new location from

the appropriate state within whose boundaries the applicant

is located, provided that the Board may approve the change in

location conditioned upon the receipt of such state license

or modification so long as the Board does not issue the

modified license unless and until the applicant provides

XVI-27

satisfactory proof that it has received a state license or

modification;

b. The physical premises of the new location is

suitable for the license; and

on The best interests of the Tribe, its members, and

the community as a whole will be served by the modification

of the location.

6. If the Board approves a modification of a license

pursuant to this Section, the Board shall issue a modified license

to the licensee reflecting the modified information. The modified

license shall expire on the same date as the original license.

7. Any modification of a license not provided for in this

Section shall require the issuance of a new license in accordance

with this Chapter.

Section 16-3-15. Appeal. An applicant or licensee may request a

formal conference regarding or file an appeal of a decision of the

Board denying an application for a license or any renewal or

modification thereof in accordance with the provisions of this

Title governing appeals before the Board.

Section 16-3-16. Sale of Stock.

1. Upon revocation, non-renewal, or other termination of a

license issued pursuant to this Chapter, a former licensee may

dispose of any liquor in its stock within thirty (30) days of

expiration of its former license by:

a. Selling such stock in whole or in part to a

wholesaler or retailer licensed pursuant to this Chapter;

b. Selling such stock in whole or in part to a

wholesaler or retailer located outside Tribal lands and

authorized to purchase such liquor;

om Moving such stock in whole or in part outside Tribal

lands to a location where such liquor is authorized to be

stored or held; or

d. . Destroying such liquor under the supervision of the

Board.

XVI-28

2. The Board may grant a former licensee an additional

twenty (20) days to sell or otherwise dispose of its stock upon

the former licensee showing good cause for such extension and no

failure in due diligence to make such disposal.

3. Any liquor remaining in the possession of.a former

licensee and not disposéd of in accordance with this Section shall

be treated as contraband in accordance with this Title.

4, A former licensee shall submit to the Board a complete

report of the disposition of all stock pursuant to this Section.

Section 16-3-17. Duty to Keep Records. Every licensee shall keep

and maintain accurate records of the purchase and sale of liquor,

including books of account, invoices, and bills. Such records

shall be maintained for a period of at least two (2) years.

Section 16-3~-18. Operation of Licensed Premises.

1. No licensee may reseal, reuse, or refill any package

that contains or contained liquor.

2. No retail licensee may lock, or permit the locking of,

the entrances to the licensed premises until all persons other

than the licensee and its employees have left.

3. No licensee may change the name of its licensed premises

without first obtaining a modification of its license as provided

in this Chapter.

4, A licensee shall conduct its business in a decent,

orderly, and respectable manner and shall not permit loitering by

intoxicated persons, rowdiness, undue noise, or any other

disturbance offensive to the residents near the location of the

licensee.

5.:- A retail licensee shall demand satisfactory evidence of

a person’s age upon such person’s attempt to purchase any liquor

from the retail licensee if such person appears to the retail

licensee to be under the age of twenty-one (21) and shall refuse

to sell liquor to any such person who fails or refuses to produce

such, satisfactory evidence. Satisfactory evidence of age shall

include:

a. A driver’s license or identification card validly

issued by any state department of motor vehicles;

XVI-29

b. A United States active duty military

identification;

om A passport validly issued by any jurisdiction; and

d. Identification card issued by a federally

recognized tribe which includes a photograph and date of

birth.

Section 16-3-19. Insurance.

1. Licensees and their employees are liable for injuries or

damage to property resulting from their negligent or reckless acts

and omissions, whether in the operation of the licensed premises

or in their violation of this Title.

2. All manufacturers and retailers conducting on-sales

shall maintain insurance coverage insuring against liability under

this Section in an amount required by rules and regulations of the

Board or, if not provided therein, in the amount of at least

$1,000,000.00 for bodily injury to any one (1) person, $500,000.00

for any one (1) accident or personal injury, and $100,000.00 for

property damage.

-CHAPTER 4

ENFORCEMENT AND VIOLATIONS

Section 16-4-1. Complaints.

1. Allegations. of a violation of this Title shall be

presented to the Board by submitting a complaint with such

allegation in writing to the Chairperson of the Board or his or

her designee.

2. A complaint may be submitted by any Board member or

“member of the public who believes that a person has committed a

violation of this Title.

3. A complaint shall specify the person against whom the

allegation is being made and the conduct that is alleged to be in

violation of this Title.

4. Upon receipt of a complaint pursuant to this Section,

the Board shall review the complaint to determine if the

allegations made fall within the scope of this Title and whether,

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