[Federal Register Volume 59, Number 213 (Friday, November 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27318]
[[Page Unknown]]
[Federal Register: November 4, 1994]
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Part II
Department of the Interior
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Bureau of Indian Affairs
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Coushatta Tribe of Louisiana; Liquor Control Ordinance; Notice
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Coushatta Tribe of Louisiana Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
Action: Notice.
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SUMMARY: This Notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM8, and in accordance with the Act of August 15,
1953, 67 Stat. 586, 18 U.S.C. Sec. 1161. I certify that the Coushatta
Tribe of Louisiana Liquor Control Ordinance was duly adopted by the
Coushatta Tribe of Louisiana on August 30, 1994. The Ordinance provides
for the regulation, distribution, possession, sale, and consumption of
liquor on lands held in trust belonging to the Coushatta Tribe of
Louisiana.
DATES: This ordinance is effective as of November 3, 1994.
FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services,
Division of Tribal Government Services, 1849 C Street N.W., MS 2611-
MIB, Washington, D.C. 20240-4001; telephone (202) 208-4400.
SUPPLEMENTARY INFORMATION: The Coushatta Tribe of Louisiana Liquor
Control Ordinance is to read as follows:
Coushatta Tribe of Louisiana Liquor Control Ordinance
An application to sell alcoholic beverages within the boundaries of
all lands used for the purpose of gaming that are subject to the
provisions of the Indian Gaming Regulatory Act and the Compact between
the Coushatta Tribe of Louisiana and the State of Louisiana, belonging
to the Coushatta Tribe of Louisiana, shall be submitted to the
Coushatta Tribe of Louisiana Gaming Commission, in triplicate; and an
application to sell alcoholic beverages within the boundaries of all
lands held in trust and not used for the purpose of gaming belonging to
the Coushatta Tribe of Louisiana, shall be submitted to the Coushatta
Tribe of Louisiana Tribal Council, in triplicate; and both application
forms shall consist of the following:
(a) The application shall set forth the name of the applicant
organization.
(b) The application shall attach the ordinance(s) and resolution(s)
under which the applicant organization is chartered and regulated.
(c) The applicant shall describe specifically the land or building
where the applicant organization will sell intoxicating beverages or
beer.
(d) The application shall conform to the requirements of the laws
of the State of Louisiana as they relate to the obtaining of liquor
licenses elsewhere in the State of Louisiana.
1. Licenses for the sale of intoxicating beverages and beer may be
issued by the Tribal Council of the Coushatta Tribe of Louisiana to
subordinate organizations of the Tribe if the Tribal Council finds, in
its sound discretion, on the basis of the facts disclosed by the
application and by such additional information as the Tribal Council
may deem relevant, that such issuance is in the interest of the Tribe.
2. Licenses for the sale of intoxicating beverages and beer issued
by the Tribal Council of the Coushatta Tribe of Louisiana shall contain
the following requirements:
(a) Each license shall require its holder to conform its operations
to the laws of the State of Louisiana that relate to the sale or
possession of intoxicating beverages or beer.
(b) No license shall be effective for a term more than one year
from the date of its issuance, and each renewal thereof shall be
subject to the same procedures that apply to the initial issuance of a
license.
(c) Each license shall explicitly state that its continued validity
is dependent upon the compliance of its holder with all provisions of
this Ordinance and of the laws of the State of Louisiana that relate to
the sale or possession of intoxicating beverages or beer.
3. The Tribal Council of the Coushatta Tribe of Louisiana shall
have the authority to revoke any license issued under this Ordinance,
under the following procedures:
(a) Upon receiving information suggesting that the holder of a
license under this Ordinance may have violated the terms of the license
or applicable law, the Tribal Council shall give the license holder
written notice that the Tribal Council intends to suspend or revoke the
holder's license. Such notice shall be sent by certified mail, return
receipt requested, to the license holder, and shall specify the grounds
for the proposed suspension or revocation.
(b) Any license holder who receives notice of a proposed suspension
or revocation may request a hearing by the Tribal Council, by sending a
written request therefore, by certified mail, return receipt requested,
to the Chairman of the Coushatta Tribe of Louisiana at the Tribal
Office, within seven (7) days of the license holder's receipt of the
notice.
(c) Upon receipt of a request for hearing under this Ordinance, the
Tribal Council of the Coushatta Tribe of Louisiana shall set a date for
a hearing, which shall be not later than thirty days from the date of
the receipt of the hearing request.
(d) At a hearing held under this Ordinance, the holder of a license
under this Ordinance shall be permitted to present evidence with
respect to its compliance with the terms of its license and applicable
law. In reaching its decision, the Tribal Council of the Coushatta
Tribe of Louisiana may consider such evidence, together with all other
evidence it deems relevant. Following a hearing, if in the judgment of
the Tribal Council the license holder has not complied with the terms
of its license and applicable law, the Tribal Council shall suspend or
revoke its license; and if in the judgment of the Tribal Council the
terms of the license and applicable law have been complied with, the
proceedings shall be dismissed. In either case, the decision of the
Tribal Council shall be final.
4. The Tribal Council of the Coushatta Tribe of Louisiana may
reject any application for a license, or for a renewal of a license,
under this Ordinance, if the applicant previously has committed acts
which have resulted in the suspension or revocation of a license under
this Ordinance.
Dated: October 21, 1994.
Hilda A. Manuel,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 94-27318; Filed 11-3-94; 8:45 am]
BILLING CODE 4310-02-P
