[Federal Register Volume 75, Number 136 (Friday, July 16, 2010)]
[Notices]
[Pages 41518-41520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17363]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Match-E-Be-Nash-She-Wish (Gun Lake) Tribe Liquor Control
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Secretary's certification of the
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake) Liquor
Control Ordinance. The Ordinance regulates and controls the possession,
sale, and consumption of liquor within the tribal lands. The tribal
lands are located in Indian Country and this Ordinance allows for
possession and sale of alcoholic beverages within their boundaries.
This Ordinance regulates the possession, sale and consumption of
alcoholic beverages on tribal trust land in conformity with applicable
tribal, Federal and state laws.
DATES: Effective Date: This Ordinance is effective July 16, 2010.
FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations
Officer, Midwest Regional Office, One Federal Drive, Room 550, Ft.
Snelling, MN 55111, Telephone (612) 725-4554; or Elizabeth Colliflower,
Office of Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB,
Washington, DC 20240; Telephone (202) 513-7641.
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 Tribal Council of the Gun Lake
Tribe Liquor Control Ordinance adopted this Liquor Ordinance on March
9, 2010. The purpose of this Ordinance is to govern the sale,
possession and distribution of alcohol within Gun Lake's tribal land.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that this Liquor Ordinance of the Match-E-Be-Nash-
She-Wish Band of Pottawatomi Indians (Gun Lake) was duly adopted by its
Tribal Council by Resolution No. 10-582 on March 9, 2010.
Dated: July 8, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The Liquor Ordinance of the Gun Lake Tribe Liquor Control Ordinance
reads as follows:
Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Liquor Control
Ordinance
Chapter 1
General Provisions
Section 1 This Ordinance may be cited as the ``Gun Lake Tribe
Liquor Control Ordinance.''
Section 2 The purpose of this Ordinance is to regulate the
possession, sale and consumption of Alcoholic Beverages on Tribal
Trust Land in conformity with applicable Tribal, federal, and state
law.
Section 3 The possession, transportation, storage, sale and
consumption of Alcoholic Beverages shall be lawful on Tribal Trust
Land, provided that such activities comply with the provisions of
this Ordinance, and with the applicable provisions of the laws of
the State of Michigan.
Chapter 2
Definitions
For purposes of this Ordinance the following definitions apply:
(a) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirit of wine, commonly produced by the
fermentation or distillation of grain, starch, grapes, molasses or
other substances,
[[Page 41519]]
including all dilutions and mixtures of this substance.
(b) ``Alcoholic Beverage'' means any liquid or mixture intended
for human consumption that contains more than 0.5% of Alcohol by
volume.
(c) ``Intoxicated Person'' means a person whose mental or
physical functioning is impaired as a result of the use of alcohol.
(d) ``Licensee'' means one who holds a valid license from the
Tribe to sell Alcoholic Beverages on the Tribal Trust Land, and
includes employees or agents of the Licensee.
(e) ``Minor'' means a person less than twenty-one (21) years of
age.
(f) ``Ordinance'' means this Ordinance to regulate the
possession, transportation, storage, sale and consumption of
Alcoholic Beverages, adopted pursuant to 18 U.S.C. 1161.
(g) ``Tribal Council'' means the governing body of the Tribe as
established by Article VI of the Tribe's Constitution.
(h) ``Tribal Court'' means the Court established pursuant to
Article VII, Section 1(s) of the Tribe's Constitution.
(i) ``Tribal Trust Land'' means those lands held in trust by the
United States of America for the benefit of the Tribe.
(j) ``Tribe'' means the Match-E-Be-Nash-She-Wish Band of
Pottawatomi Indians of Michigan, also known as the Gun Lake Tribe.
Chapter 3
Tribal Liquor License
Section 1 No person or entity shall engage in the sale of
Alcoholic Beverages on Tribal Trust Land, unless licensed to do so
by the Tribal Council in accordance with the terms of this Ordinance
and in compliance with the Tribal-State Class III Gaming Compact
between the Tribe and the State of Michigan.
Section 2 The authority to issue, suspend and revoke a Tribal
Liquor License is vested in the Tribal Council, under Article VII,
Section 1 (q) of the Tribe's Constitution. No License shall be
issued under this Ordinance except upon a sworn application filed
with the Tribal Council containing, at a minimum, the following:
(a) A description of the area or premises to be licensed and the
hours that Alcoholic Beverages will be served.
(b) An agreement by the applicant to observe and abide by all
conditions of the Tribal Liquor License, all applicable state liquor
laws, and federal law.
(c) A statement that the applicant has never been convicted of a
felony.
(d) An application fee in an amount set by the Tribal Council.
Section 3 Notice of the Tribal Liquor License application shall
be posted on the premises and distributed to Tribal Citizens in a
manner that provides an opportunity to comment or file a protest
regarding the application.
Section 4 Every Tribal Liquor License application shall be
considered by the Tribal Council in a meeting at which the applicant
and Tribal Citizens shall have the right to be present, to observe
the proceedings, and to offer sworn oral or written testimony or
other evidence relevant to the application. After the meeting, the
Tribal Council shall determine whether to grant or deny the License,
based on whether the Tribal Council, in its sole discretion,
determines that granting the License is in the best interest of the
Tribe.
Section 5 Any Tribal Liquor License shall be subject to such
conditions as the Tribal Council shall impose, including, but not
limited to the following:
(a) The License shall be for a term of one year, shall identify
the specific areas and hours permitted for the sale of Alcoholic
Beverages, and shall be subject to annual renewal.
(b) The Licensee shall at all times maintain an orderly, clean,
and neat establishment, both inside and outside the licensed
premises.
(c) The licensed premises shall be open to inspection by duly
authorized Tribal officials at all times during regular business
hours.
(d) No Alcoholic Beverages shall be sold, served, disposed of,
delivered, or given to any person, or consumed on the licensed
premises, except during the hours and days that would be permitted
by the applicable laws of the State of Michigan, unless the hours of
service are further limited by the Tribal Council.
(e) Any spirits resold for consumption on the Tribal Trust Land
shall be purchased from the Michigan Liquor Control Commission, and
beer and wine shall be purchased from distributors licensed by the
Michigan Liquor Control Commission.
(f) All acts and transactions performed under authority of the
Tribal Liquor License shall be in conformity with the applicable
laws of the State of Michigan, the provisions of this Ordinance, and
any rules or policies promulgated under this Ordinance.
(g) No person under the age of twenty-one (21) shall be sold,
served, delivered, given or allowed to consume Alcoholic Beverages
at any location on the Tribal Trust Land, and no person under the
age of eighteen (18) years shall be employed to sell or serve any
Alcoholic Beverages.
(h) Alcoholic Beverages shall not be comped, given away, or
furnished without charge in any facility licensed under this
Ordinance.
(i) No person licensed under this Ordinance shall sell, deliver,
give, or furnish any Alcoholic Beverage to any Intoxicated Person.
Section 6 Notwithstanding any other provision of this Ordinance,
a Tribal Liquor License is a permit for a fixed time period. A
Tribal Liquor License shall not be deemed a property right or vested
right of any kind. The granting of a Tribal Liquor License shall not
create any entitlement to any renewal of such license.
Section 7 No Tribal Liquor License issued under this Ordinance
may be assigned, pledged, transferred, leased, licensed or sold. Any
attempt to do so is grounds for the immediate revocation of the
License.
Section 8 Any Tribal Liquor License issued hereunder may be
suspended or revoked by the Tribal Council for the breach of any
provision of this Ordinance, or any condition of the Tribal Liquor
License, upon fifteen (15) days written notice to the Licensee,
unless a shorter notice period is necessary to preserve public
health and safety on the Tribal Trust Land. The Licensee may request
a hearing before the Tribal Council. The decision of the Tribal
Council shall be final.
Chapter 4
Incorporation of Michigan Laws by Reference
Section 1 In accordance with 18 U.S.C. 1161, the Tribe hereby
adopts and applies as tribal law those Michigan laws, as now or
hereafter amended, relating to the sale and regulation of Alcoholic
Beverages encompassing the following areas: Sale to a Minor; sale to
a visibly intoxicated individual; sale of adulterated or misbranded
liquor; and hours of operation.
The following laws from the Michigan Liquor Control Code of 1998
are hereby adopted and applied as Tribal law:
436.1233 Uniform prices for sale of alcoholic liquor; gross
profit; discount for certain sales of alcoholic liquor.
436.1701 Selling or furnishing alcoholic liquor to person less
than 21 years of age; failure to make diligent inquiry; misdemeanor;
signs; consumption of alcoholic liquor as cause of death or injury;
felony; enforcement against licensee; defense in action for
violation; report; definitions.
436.1703 Purchase, consumption, or possession of alcoholic
liquor by minor; attempt; violation; fines; sanctions; furnishing
fraudulent identification to minor; screening and assessment;
chemical breath analysis; construction of section; exceptions; ``any
bodily alcohol content'' defined.
436.1707 Selling, serving, or furnishing alcohol; prohibitions.
436.1801 Granting or renewing license; selling, furnishing or
giving alcoholic liquor to minor or person visibly intoxicated;
right of action for damage or personal injury; actual damages;
institution of action; notice; survival of action; separate actions
by parents; commencement of action against retail licensee;
indemnification; defenses available to licensee; rebuttable
presumption; prohibited causes of action; section as exclusive
remedy for money damages against licensee; civil action subject to
revised judicature act.
436.1815 Adherence to responsible business practices as defense;
compensation of employee on commission basis.
436.1901 Compliance required, prohibited acts.
436.1905 Selling or furnishing alcoholic liquor to minor;
enforcement actions prohibited; conditions; exception.
436.2005 Adulterated, misbranded, or refilled liquor.
436.2025 Giving away alcoholic liquor; samplings or tastings of
alcoholic liquor; sales to intoxicated persons prohibited.
The laws referenced in this section shall apply in the same
manner and to the same extent as such laws apply elsewhere in
Michigan, unless otherwise agreed by the Tribe and State.
Section 2 Whenever such Michigan laws are incorporated by
reference, amendments to those laws shall also be deemed to be
incorporated upon their effective date in the State of Michigan,
without the need for further action by the Tribal Council.
[[Page 41520]]
Section 3 Nothing in this Ordinance shall be construed as
consent by the Tribe to the jurisdiction of the State of Michigan or
any of its courts or subordinate political subdivisions over any
activity arising under this Ordinance, nor shall anything in this
Ordinance constitute an express or implied waiver of the sovereign
immunity of the Tribe.
Chapter 5
General Penalties
Section 1 Any violation of this Ordinance, including any
regulation under this Ordinance, shall be subject to a civil fine of
not more than Five Hundred Dollars ($500.00) for each such
violation. The Tribal Council may adopt by Resolution a schedule of
fines for each violation, taking into account the severity of the
offense and threat the violation may pose to the general health and
welfare. Such schedule may also provide for the imposition of
increased monetary penalties for repeated violations. The civil
penalties provided for in this section shall be in addition to any
criminal penalties that may be imposed under applicable law.
Section 2 The Tribal Council is authorized to adopt such
regulations as may be necessary to implement the provisions of this
Ordinance.
Section 3 This Ordinance shall take effect immediately upon its
adoption by the Tribal Council.
[FR Doc. 2010-17363 Filed 7-15-10; 8:45 am]
BILLING CODE 4310-4J-P