[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69780-69781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31393]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Little Traverse Bay Bands of Odawa Indians Alcoholic Beverage
Control Law
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 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161). This notice
certifies that Waganakising Odawak Statute No. 1999008 was duly adopted
by the LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS on June 27, 1999. The
Statute provides for the regulation of the activities of the
manufacture, distribution, sale, and consumption of liquor in the area
of LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS under the jurisdiction of
the LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS.
DATES: This Statute is effective as of December 14, 1999.
FOR FURTHER INFORMATION CONTACT: Jim D. James, Branch of Judicial
Services, Division of Tribal Government Services, Office of Tribal
Services, 1849 C Street NW, MS 4631-MIB, Washington, DC 20240-4001;
telephone (202) 208-4400.
SUPPLEMENTARY INFORMATION: LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS
Statute No. 1999008 is to read as follows:
Waganakising Odawak Statute No. 1999008 Liquor Control Statute of
the Little Traverse Bay Bands of Odawa Indians
Section I: Title
This Statute shall be known as the ``Liquor Control Statute.'' This
Statute repeals and replaces the Liquor Control Statute enacted on
October 26, 1997 (Waganakising Odawak Statute No. 1997021).
Section II: Authority
This statute is enacted pursuant to the Act of August 15, 1953.
(Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and Article VII, Section
1 (g) and (m) of the Constitution and Bylaws of the Little Traverse Bay
Bands of Odawa Indians.
Section III: Purpose
This statute regulates the consumption, delivery and/or sale of
alcoholic beverages within the Indian country lands of the Little
Traverse Bay Bands of Odawa Indians, for the purpose of protecting the
health, safety and welfare of the Tribe and its members as well as the
general public.
Section IV: Interpretation
This statute shall be deemed an exercise of the police and
regulatory powers of the Little Traverse Bay Bands of Odawa Indians to
promote tribal self-determination and to protect the public welfare,
and all provisions of this statute shall be liberally construed for the
accomplishment of these purposes.
Section V: Definitions
The following definitions apply in this statute, unless the context
otherwise requires:
A. Alcoholic beverage means any spirituous, vinous, malt or
fermented liquor, liquors and compounds, whether or not medicated,
proprietary, patented, and by whatever name called, containing one-half
of one percent (\1/2\ of 1%) or more alcohol by volume, which are fit
for use for beverage purposes.
B. Liquor means any alcoholic drink.
C. Person means a natural person, firm, association, corporation or
other legal entity.
D. Tribe or Bands means the Little Traverse Bay Bands of Odawa
Indians.
E. Tribal Council means the governing body of the Little Traverse
Bay Bands of Odawa Indians, which body is also referred to as the Board
of Directors in the Tribe's Constitution and Bylaws.
F. Secretary means the Secretary of the United States Department of
the Interior.
G. Indian Country of the Tribe means, for purposes of this Statute,
all lands within Emmet and Charlevoix Counties, Michigan which are now
or hereafter owned by the Bands or held in trust for the Bands by the
United States.
H. State means the State of Michigan.
I. Tribal representatives means the Tribal administrator, a program
director or manager of a subsidiary or commercial enterprise of the
Tribe.
J. Tribal license means an official action by the Tribal Council
which authorizes the sale of alcoholic beverages for consumption either
on the premises and/or away from the premises.
K. Premises means specified locations within the Indian Country of
the Tribe, as described in a license issued by the Tribal Council.
Section VI: General Provisions
A. Policy.
It is the policy of the Tribe that only the Tribe and its
subsidiary enterprises may engage in the sale of alcoholic beverages
within the Indian Country of the Tribe. Therefore, no person other than
the tribal government or its subsidiary enterprises may deliver for
profit, sell or trade for profit any alcoholic beverages within the
Indian Country of the Tribe.
B. On-Premises Consumption
No person shall sell, trade, transport, manufacture, use, or
possess any alcoholic beverage, nor any other substance whatsoever
capable of producing alcoholic intoxication, intended for consumption
on the premises, nor aid nor abet any Indian or non-Indian person in
any of the foregoing, except in compliance with the terms and
conditions of this Statute as well as applicable federal Indian liquor
laws, and applicable provisions of the laws of the State of Michigan
and regulations administered by its Liquor Control Commission.
C. Off-Premises Consumption
No person shall sell, trade, transport, manufacture, use, or
possess any alcoholic beverage, nor any other substance whatsoever
capable of producing alcoholic intoxication, intended for consumption
away from the premises, nor aid nor abet any Indian or non-Indian
person in any of the foregoing, except in compliance with the terms of
this statute, applicable federal Indian liquor laws, and applicable
provisions of the laws of the State of Michigan and regulations
administered by its Liquor Control Commission.
[[Page 69781]]
D. Application of State Law
Unless otherwise contradicted by this Statute or other Tribal law,
laws of the State and regulations of its Liquor Control Commission
shall pertain to sale, trade, manufacture, use or possession of
alcoholic beverages within the Indian Country of the Tribe. Provided
that in no event shall any laws of the Tribe pertaining to liquor
regulation be construed to be less stringent than the laws and
regulations of the State. Nothing in this section or Statute is
intended to allow the State to exercise any jurisdiction over the
Tribe, its members, or any persons or transactions within the Indian
Country of the Tribe that the State would not otherwise have. Nothing
in this section or statute is intended to in any way waive or limit the
sovereign immunity of the Tribe.
E. Condition of Tribal License
Any tribal enterprise having a license for the sale of alcoholic
beverages issued by the Tribal Council shall be required to comply, as
a condition of retaining such license, with any applicable tribal laws
and ordinances and shall further observe the laws of the State
regarding times of sale and minimum ages of persons to whom sales may
be made.
Section VII: Tribal Licenses for the Sale of Alcoholic Beverages
A. Upon application submitted in writing by tribal representatives,
the Tribal Council may issue a license authorizing (1) sale of
alcoholic beverages (or specific types thereof) solely for consumption
on the premises, and/or (2) sale of alcoholic beverages (or specific
types thereof) intended for consumption away from the premises.
B. All applications for such licenses must be submitted to the
Tribal Council in writing, setting forth the purpose for the license
together with the description of the premises upon which such sale is
proposed to take place.
C. The Tribal Council shall have the power and authority to
determine, in its sole discretion, the number and type of licenses for
the sale of alcoholic beverages that may from time-to-time be issued
pursuant to this ordinance.
D. Fees. The Tribal Council may set reasonable fees for the
issuance of licenses under this Statute.
E. Duration of License. Unless sooner canceled, every license
issued by the Tribal Council shall expire at midnight on the 31st day
of December. Applications for renewal must be submitted to the Tribal
Council on or before November 15 of the preceding year. The Tribal
Council will act on all renewal applications on or before December 15.
Section VIII: Violations
A. Any Indian person found to be in violation of the provisions of
this Statute shall be deemed guilty of a criminal offense and may be
prosecuted in Tribal Court in an action brought by the Tribal
Prosecutor. Any such criminal proceeding against an Indian person shall
comply with all due process and equal protection requirements of the
Indian Civil Rights Act, which shall include at a minimum adequate
notice, a full and fair hearing, and the right to call and cross
examine witnesses. Upon conviction, the Tribal Court may impose a
sentence of a fine not greater than $1,000.00 and/or a jail term not
exceeding sixty (60) days.
B. Nothing in this statute shall be construed to require or
authorize the criminal trial and punishment by the Tribal Court of any
non-Indian except to the extent allowed under Federal law. In general,
when any provision of this Statute is violated by a non-Indian, her or
she shall be referred to state and/or Federal authorities for
prosecution under applicable law. However, violations of this Statue by
a non-Indian shall also be deemed a civil offense against the Tribe and
a civil action against non-Indian violators may proceed in Tribal Court
to the extent allowed under Federal law. In such civil action brought
in Tribal Court by the Tribal Prosecutor, the Tribal Court may impose a
fine not greater than $1,000.00 and/or exclusion from the Tribe's
reservation, as authorized in Article VII, Section 1(h) of the Tribe's
Constitution. Any such civil proceeding against a non-Indian shall
comply with all due process and equal protection requirements of the
Indian Civil Rights Act, which shall include at a minimum adequate
notice, a full and fair hearing, and the right to call and cross
examine witnesses.
C. Revocation of License. The Chairperson of the Tribal Council, or
the Tribal Prosecutor may, for alleged violation of this Statute,
institute and maintain an action in the Tribal Court in the name of the
Tribe to revoke or suspend a license issued under this Statute. Such
proceeding against the holder of the license in question shall comply
with all due process and equal protection requirements of the Indian
Civil Rights Act, which shall include at a minimum adequate notice, a
full and fair hearing, and the right to call and cross examine
witnesses. Upon final judgment issued against the defendant, the Tribal
Court may order the forfeiture of any license issued pursuant to this
Statute, and all rights of the licensee to keep or sell alcoholic
beverages under this Statute shall be suspended or terminated as the
case may be. Pending final judgment the Tribal Court may issue orders
for preliminary injunction if the plaintiff can demonstrate a
likelihood of success and irreparable injury to the Tribe or its
members if such orders are not issued.
Section IX: Effective Date
This ordinance shall be effective as a matter of tribal law as of
the date of the adoption by the Tribal Council, and effective as a
matter of Federal law on such date as the Assistant Secretary--Indian
Affairs certifies and publishes the same in the Federal Register.
Section X: Savings Clause
In the event that any phrase, provision, part, paragraph,
subsection or section of this Statute is found by a court of competent
jurisdiction to violate the Constitution, laws or ordinances of the
Little Traverse Bay Bands of Odawa Indians or applicable Federal law,
such phrase, provision, paragraph, subsection or section shall be
considered to stand alone and to be deleted from this Statute, the
entirety of the balance of the Statute to remain in full and binding
force and effect.
Dated: November 24, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-31393 Filed 12-13-99; 8:45 am]
BILLING CODE 4310-02-P
