[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Notices]
[Pages 47312-47316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19282]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Seminole Tribe of Florida Alcohol Beverage Control Act of 2009
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Amended Seminole Tribe of Florida
Alcohol Beverage Control Act of 2009, Ordinance No. C-01-09. The
Amended Ordinance regulates and controls the possession, sale, and
consumption of liquor within the tribal lands. The last amendment to
the liquor ordinance was published in 60 FR 53431. The tribal lands are
located in Indian country and this Amended Ordinance allows for
possession and sale of alcoholic beverages within their boundaries. The
Amended Ordinance contains provisions requiring the Tribe to issue
licenses to all businesses that intend to sell liquor and it requires
proof that the applicant for a liquor license is licensed by the State
of Florida to sell alcoholic beverages as well. This Amended Ordinance
will increase the ability of the tribal government to control the
community's liquor distribution and possession, and at the same time
will provide an important source of revenue for the continued operation
and strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Amended Ordinance is effective on September
7, 2010.
FOR FURTHER INFORMATION CONTACT: Chanda Joseph, Tribal Government
Services Officer, Eastern Regional Office, 545 Marriott Drive, Suite
700, Nashville, TN 37214, Telephone: (615) 564-6750, Fax (615) 564-
6552; or Elizabeth Colliflower, Office of Indian 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 Seminole
Tribe of Florida adopted its Amended Alcohol Beverage Control Act by
Resolution on June 18, 2009. The purpose of Amended Ordinance No. C-01-
09 is to govern the sale, possession, and distribution of alcohol
within tribal lands of the Tribe.
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 Tribal Council of the Seminole Tribe of
Florida adopted its Alcohol Beverage Control Act of 2009, Ordinance No.
C-01-09 on June 18, 2009.
Dated: July 29, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The Alcohol Beverage Control Act of the Seminole Tribe of Florida
reads as follows:
Seminole Tribe of Florida Alcohol Beverage Control Act of 2009
Seminole Tribe of Florida Hollywood, Florida
An Ordinance Relating to the Application of the Federal Liquor Laws
[[Page 47313]]
on the Florida Seminole Reservations and Trust Lands.
Whereas, the Seminole Tribe of Florida, is an organized Indian
Tribe as defined in Section 16 of the Act of June 18, 1934 (48 Stat.
984) as amended by the Act of June 15, 1935 (49 Stat. 378); and
Whereas, Public Law 277, 83rd Congress, approved August 15, 1953,
provides that Sections 1154, 1156, 3113, 3488, and 3618 of Title 18,
United States Code, as amended by Public Law No. 98-473, Section 223(b)
replacing Section 3618 of Title 18 with Section 3669, commonly referred
to as the Federal Indian Liquor Laws, shall not apply to any act or
transaction within any area of Indian country provided such act or
transaction is in conformity with both the laws of the State in which
such act or transaction occurs, and with an ordinance duly adopted by
the Tribe having jurisdiction over such area of Indian country
certified by the Secretary of the Interior and published in the Federal
Register.
Now Therefore Be It Ordained: By the Tribal Council of the Seminole
Tribe of Florida that the provisions of this Ordinance shall apply on
all Seminole Lands, as defined herein:
Section I. Introduction.
101. Title. This Ordinance shall be known as the ``Seminole Tribe of
Florida Alcohol Beverage Control Act, herein after referred to as the
``Ordinance''.
102. Authority. This Ordinance is enacted pursuant to the Act of August
15, 1953 (Pub. L. 83-277, and 67 Stat. 588, 18 U.S.C. section 1161) and
the Constitution of the Seminole Tribe of Florida approved on July 11,
1957 and ratified on August 21, 1957 and applicable laws.
103. Purpose. The purpose of this Ordinance is to regulate and control
the sale or possession of Alcoholic Beverages, as defined herein,
within Seminole Lands.
104. Tribal Jurisdiction. The sale Alcoholic Beverages shall be lawful
within Seminole Lands, provided that such sale is in conformity with
the laws of the State of Florida and the provisions of this Ordinance.
Section II. Definitions.
As used in this Ordinance, the following words shall have the
following meanings unless the context clearly requires otherwise:
201. ``Alcoholic Beverage'' means distilled spirits and all beverages
containing one-half of one percent or more alcohol by volume. The
percentage of alcohol by volume shall be determined by measuring the
volume of standard ethyl alcohol in the beverage and comparing it with
the volume of the remainder of the ingredients as though the remainder
of the ingredients were distilled water.
202. ``Entertainment Zone'' means the areas designated pursuant to
Paragraph 402 where alcoholic beverages may be dispensed or sold up to
24 hours per day, 7 days per week.
203. ``Tribal Council'' means the Tribal Council of the Seminole Tribe
of Florida.
204. ``Seminole Lands'' means land legally titled in the name of the
United States of America in trust for the Seminole Tribe of Florida,
whether or not the same is in reservation status, as well as fee lands
acquired by or for the Tribe and placed under the jurisdiction of the
Tribe.
205. ``Distilled Spirits'' mean that substance known as ethyl alcohol,
ethanol, or spirits of wine in any form, including all dilutions and
mixtures thereof from whatever source or by whatever process produced.
206. ``Principal Owner'' with respect to a corporation or other legal
entity shall refer to and mean any person or entity which, directly or
indirectly, owns or controls a majority of shares or a controlling
interest in any entity making application for an alcoholic beverage
license or which will have operational control over the day to day
operations of the applicant's business.
207. ``Sale'' and ``Sell'' means the exchange, barter, and traffic of
Alcoholic Beverages by any person to any person.
208. ``Tribe'' means the Seminole Tribe of Florida.
209. ``Person'' means any natural person or business entity or
organization.
Section III. Powers of Enforcement.
301. Powers and Duties Tribal Council. The Tribal Council, in
furtherance of this Ordinance shall have the following powers and
duties:
a. To employ managers, accountants, security personnel, inspectors,
and such other persons as shall be reasonably necessary to allow the
Tribal Council to perform its functions under this Ordinance;
b. To approve licenses permitting the sale of Alcoholic Beverages
on Seminole Lands; and
c. To hold hearings on violations of this Ordinance.
302. Powers and Duties Tribal Beverage Inspector (Environmental Health
Officer). The enforcement of this Ordinance and violations thereof as
set forth in Section VI of this Ordinance shall be as follows:
a. The Tribal Beverage Inspector/Environmental Health Officer may
inspect the premises on which Alcoholic Beverages are sold or
distributed at any time during open business hours for the purposes of
ascertaining whether this Ordinance is being followed.
b. The Environmental Health Officer shall be empowered to issue
citations for violations of this Ordinance.
c. Real Estate Services Department shall be empowered to suspend
any License upon notice of a violation by the Environmental Health
Officer for which it is deemed appropriate to suspend the sale and
service of alcoholic beverages.
d. The Real Estate Services Department shall prepare Tribal Council
resolutions and include background information regarding violations of
this Ordinance for consideration regarding reinstatement of suspended
licenses or revocation thereof.
Section IV. Sales of Alcoholic Beverages.
Licenses Required. Sale of Alcoholic Beverages on Seminole Lands
shall only be permitted by a holder of a license issued hereunder and
at the licensed premises or by the Tribe at a location owned or
operated by the Tribe.
401. Regulated Hours for the Sale of Alcoholic Beverages. Except as
provided in Entertainment Zones established hereunder, alcoholic
beverages may not be sold other than during approved hours prescribed
and established by the Tribal Council.
402. The following areas are established as Entertainment Zones where
alcoholic beverages may be sold up to 24 hours per day, 7 days per
week:
a. Hollywood Reservation--the premises commonly known as the
Seminole Hard Rock Hotel & Casino--Hollywood, Seminole Paradise and the
Seminole Indian Casino--Hollywood.
b. Tampa Reservation--the premises commonly known as the Seminole
Hard Rock Hotel & Casino--Tampa.
c. Brighton Reservation--the premises commonly known as the
Seminole Indian Casino--Brighton.
d. Big Cypress Reservation--the
[[Page 47314]]
premises commonly known as the Seminole Indian Casino--Big Cypress.
e. Immokalee Reservation--the premises commonly known as the
Seminole Indian Casino--Immokalee.
f. Coconut Creek Trust Property--That portion of the premises
commonly known as the Seminole Indian Casino--Coconut Creek which is
situated on Seminole Lands.
Section V. Licensing.
501. Tribal Alcoholic Beverage License Requirements. No Tribal license
shall be issued under this Ordinance except upon a sworn application
filed with the Tribe's Real Estate Services Department containing a
full and complete showing of the following:
a. Proof satisfactory to the Tribal Council that the applicant is
not an officer or member of the Tribal Council or the Board of
Directors of the Seminole Tribe of Florida, Inc.;
b. Satisfactory proof that the applicant is duly licensed by the
State of Florida to sell alcoholic beverages;
c. Satisfactory proof, including a background check as conducted by
the Tribe, that the applicant is of good character and reputation and
that the applicant is financially responsible;
d. the description of the premises in which the Alcoholic Beverages
are to be sold and proof that the applicant has the right of occupancy
of such premises for at least the term of the license;
e. Agreement by the applicant to accept and abide by all conditions
of the Ordinance;
f. Payment of a non-refundable fee established from time to time by
the Tribal Council. The initial fee shall be $250.00, but can be
changed by Tribal Council resolution at any time;
g. Satisfactory proof that neither the applicant, nor the
applicant's spouse, nor any Principal Owner, officer, shareholder, or
director of the applicant, if an entity, has ever been convicted of a
felony or a crime of moral turpitude as defined by the laws of the
State of Florida.
502. Hearing on Application for Tribal Alcoholic Beverage License. All
applications for a Tribal Alcoholic Beverage License shall be
considered by the Tribal Council in open session at which the applicant
and any person protesting the application shall have the right to be
present, and to offer sworn oral or documentary evidence relevant to
the application. After the hearing, the Tribal Council, by majority
vote, shall determine whether to grant or deny the application based
on: (1) Whether the requirements of Section 501 have been met; and (2)
whether the Tribal Council, at its sole discretion, determines that
granting the license is in the best interest of the Tribe. In the event
that the applicant is a member of the immediate family of a Tribal
Council member, such Tribal Council member shall not vote on the
application as a Tribal Council member.
503. License Types.
a. Annual--Other than Special Event Permits, the license shall be
issued for a term not to exceed one (1) year and shall terminate on
March 31 of each year.
b. Special Event Permits--the Tribal Council or their designee may
grant a temporary permit for the sale of Alcoholic Beverages for a
period not to exceed three (3) days to any person applying to the same
in connection with a Tribal or community activity, provided that the
conditions prescribed in Section 504 of this Ordinance shall be
observed by the permittee. Each permit issued shall specify the types
of alcoholic beverages to be sold. Further, a fee of $50.00 will be
assessed on temporary permits, which fee shall be subject to change by
Tribal Council resolution.
504. Conditions of the Tribal Alcoholic Beverage License. Any Tribal
Alcoholic Beverage license issued under this Ordinance shall be subject
to such reasonable conditions as the Tribal Council shall fix including
but not limited to the following:
a. The licensee shall at all times maintain an orderly, clean, and
neat establishment, both inside and outside the licensed premises.
b. The licensed premises shall be subject to inspection by Tribal
Beverage Inspector/Environmental Health Officer and such other law
enforcement officials as may be authorized by applicable law and open
to inspection by authorized Tribal officials at all times when
alcoholic beverages are being served.
505. License Not a Property Right. Notwithstanding any other provision
of this Ordinance, a Tribal Alcoholic Beverage license is a mere permit
for a fixed duration of time. A Tribal Alcoholic Beverage license shall
not be deemed a property right or vested right of any kind, nor shall
the granting of said license give rise to a presumption of legal
entitlement to a license/permit in a subsequent time period.
506. Assignment or Transfer. No Tribal Alcoholic Beverage issued under
this Ordinance shall be assigned or transferred.
Section VI. Rules Regulations and Violations.
601. The violations under this Ordinance and the penalties for such
violations are set forth on the Table of Violations and Penalties which
is attached and made a part hereof by reference.
Section VII. License Fees.
701. Disposition of Fees. The fees collected by the Tribal Council from
all licensing provided for under this Ordinance, or the imposition of
civil penalties for violating this Ordinance shall be payable to the
Seminole Tribe of Florida for deposit to the general fund of the Tribe
in the Tribe's usual depository.
Section VIII. Severability and Miscellaneous.
801. Prior Enactments. Any and all prior ordinances, resolutions or
enactments of the Tribal Council which are inconsistent with the
provisions of this Ordinance shall be deemed repealed as of the
Effective Date of this Ordinance.
802. Effective Date. This amended Ordinance becomes effective 30 days
after the Secretary of the Interior certifies the Ordinance and
publishes it in the Federal Register.
803. Sovereign Immunity. Nothing contained in this Ordinance is
intended to in any way limit, alter, restrict, or waive the Tribe's
sovereign immunity from unconsented suit or action.
[[Page 47315]]
Tables of Violations and Penalties
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Florida statute
Violation reference 1st Occurrence 2nd Occurrence 3rd Occurrence 4th Occurrence
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Licensee not qualified to be issued Florida Statute Revocation...........
an alcoholic beverage license. Sections 561.15(3)
and 561.29(f) and (g).
Failing to file required Florida Statute $500................. $1000................ Revocation...........
application. Sections 561.01(10),
561.17, 561.33, and
569.003.
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Failure to meet minimum Florida Statute $1000 and revocation without prejudice to obtain any other type of
qualifications of special license Section 561.20. license, but with prejudice to obtain the same type of special
or special events license. license for 5 years.
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Maintaining a nuisance on the Florida Statute Revocation...........
licensed premises. Section 561.29(1)(c).
Maintaining a premise that is Florida Statute Revocation...........
unsanitary. Section 561.29(1)(d).
Unlawful transfer of ownership of Florida Statute Revocation...........
license. Section 561.32(4).
Possession of beverages not Florida Statute $1000................ $2000................ $4000................ Revocation.
permitted to be sold under license. Section 562.02.
Sale off the licensed premises..... Florida Statute $500................. $1000................ $2000................ Revocation.
Section 562.06.
Misrepresentation of alcoholic Florida Statute $1000 and a 20-day Revocation...........
beverages. Section 561.061. license suspension.
Sale, giving or serving alcoholic Florida Statute $1000 and a 7-day $3000 and a 30-day Revocation...........
beverages to persons under the age Section 562.11. license suspension. license suspension.
of 21 or allowing them to consume
alcoholic beverages.
Selling alcoholic beverages in a Florida Statute $500 or an amount $1000 or an amount $2000................ Revocation.
manner not permitted by license or Section 562.12. equal to the correct equal to the correct
with expired license. license fee, license fee,
whichever is greater. whichever is greater.
Conspiracy to violate the Tribe's Florida Statute $1000................ Revocation...........
Ordinance. Section 562.23.
Refusing to admit authorized law Florida Statute $1000................ Revocation...........
enforcement officers or division Section 562.41(3).
or tribal employees to licensed
premises.
Forcefully obstructing a tribal, Florida Statute $1000 and a 30-day Revocation...........
division employee or law Section 562.41(4). suspension.
enforcement officer.
Selling or serving alcoholic Florida Statute Revocation...........
beverages after notice to close. Section 562.454.
Adulterating liquor................ Florida Statute Revocation...........
Section 562.455.
Furnishing alcoholic beverages Florida Statute $1000 and 7-day $2000 and 30-day Revocation...........
after notice to persons habitually Section 562.50. suspension. suspension.
addicted.
Discrimination in service of Florida Statute $1000................ $2000 and a 20-day $4000 and a 30-day Revocation.
alcoholic beverages. Section 562.51. license suspension. license suspension.
Prostitution; Lewd and lascivious Florida Statute $1000................ Revocation...........
conduct on premises. Chapter 796.
[[Page 47316]]
Worthless check.................... Florida Statute No future personal 20-day suspension and Revocation...........
Section 832.05. checks to Tribe for no future personal
3 years. check to Tribe.
Perjury............................ Florida Statute Revocation...........
Chapter 837.
False information on application... Florida Statute Revocation...........
Section 559.791.
Unlawful gambling.................. Florida Statute $250 per............. $500................. $1000................ Revocation.
Chapter 849.
Failure to maintain active state ...................... Suspension for period ..................... ..................... Revocation.
license. of time during which
state licensure
inactive.
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[FR Doc. 2010-19282 Filed 8-4-10; 8:45 am]
BILLING CODE 4310-4J-P