Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 2545 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

The Pokagon Band of Potawatomi 

Indians of Michigan Liquor Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Liquor Control Ordinance of the 

Pokagon Band of Potawatomi Indians of 

Michigan (Tribe). The Ordinance 

regulates and controls the possession, 

sale and consumption of liquor within 

the Pokagon Band of Potawatomi 

Indians Reservation. This reservation is 

described as ‘‘all lands, the title to 

which is held in trust by the United 

States for the benefit of the Pokagon 

Band of Potawatomi Indians; and * * * 

all lands * * * part of the Tribe’s 

reservation.’’ This ordinance, however, 

applies only to the Tribe’s reservation 

lands within the State of Michigan. This 

Ordinance allows for possession and 

sale of alcoholic beverages within the 

Pokagon Band of Potawatomi Indians 

Reservation, and increases the ability of 

the tribal government to control the 

Tribe’s liquor distribution and 

possession. At the same time it 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 Ordinance is 

effective on January 19, 2007. 

FOR FURTHER INFORMATION CONTACT: 

David Christensen, Regional Tribal 

Operations Officer, Bureau of Indian 

Affairs, Midwest Regional Office, 

Bishop Henry Whipple Federal 

Building, One Federal Drive, Room 550, 

Ft. Snelling, MN 55111, Telephone: 

(612) 725–4554, Fax 612–713–4401; or 

Ralph Gonzales, Office of Indian 

Services, 1849 C Street NW., Mail Stop 

4513–MIB, Washington, DC 20240, 

Telephone: (202) 513–7629. 

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 Pokagon Band of Potawatomi 

Indians Tribal Council adopted its 

Liquor Ordinance by Resolution No. 06–

09–09–12 on September 9, 2006. The 

purpose of this Ordinance is to govern 

the sale, possession and distribution of 

alcohol within Tribal lands. The 

Pokagon Band of Potawatomi Indians 

does not have an existing Liquor Control 

Ordinance. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this Liquor 

Ordinance of the Pokagon Band of 

Potawatomi Indians was duly adopted 

by the Pokagon Band of Potawatomi 

Indians Tribal Council on September 9, 

2006. 

Dated: January 12, 2007. 

Michael D. Olsen, 

Principal Deputy Assistant Secretary—Indian 

Affairs. 

The Pokagon Band of Potawatomi 

Indians of Michigan Liquor Control 

Ordinance reads as follows: 

Pokagon Band of Potawatomi Indians 

of Michigan and Indiana Liquor 

Control Code 

Section 1 Legislative Findings. The 

Pokagon Band Tribal Council hereby 

finds as follows: 

(a) The importation, distribution, 

manufacture, and sale of alcoholic 

liquor for commercial purposes on the 

Tribe’s Reservation is a matter of special 

concern to the Tribe. 

(b) Federal law as embodied in 18 

U.S.C. 1161 provides that certain 

sections of the United States Code, 

commonly referred to as 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 act 

duly adopted by the tribe having 

jurisdiction over such area of Indian 

country. 

Section 2 Declaration of Policy. 

(a) The Council hereby declares that 

the policy of the Tribe is to eliminate 

the problems associated with 

unlicensed, unregulated, and unlawful 

importation, distribution, manufacture, 

and sale of alcoholic liquor for 

commercial purposes on the 

Reservation, and to promote temperance 

in the use and consumption of alcoholic 

liquor by establishing and enforcing 

Tribal regulation over such activities on 

the Reservation. 

(b) The importation, distribution, 

manufacture, and sale of alcoholic 

liquor for commercial purposes on the 

Reservation shall be lawful, provided 

that such activity is conducted by the 

Tribe or by an authorized Tribal 

enterprise, and is in conformity with 

this Code. Such conditions are 

necessary to increase the Tribe’s ability 

to control and regulate the distribution, 

sale, and possession of alcoholic liquor, 

while at the same time provide an 

important and necessary source of 

revenue for continued operation of the 

Tribal government and delivery of 

Tribal governmental services. 

Section 3 Authority. The Council 

has authority to adopt this Liquor 

Control Code (‘‘Code’’) pursuant to the 

authority and powers vested in it by 

Article IX, subsections 2 (a), 2 (e), 2 (i), 

and 2 (j), of the Tribal Constitution and 

the inherent authority of the Band as a 

sovereign tribal nation to provide for the 

health, safety, and welfare of the 

Pokagon Band. Further, the Supreme 

Court held in United States v. Mazurie, 

419 U.S. 544 (1975), that Congress 

through 18 U.S.C. 1161 delegated to 

Indian tribes authority to control the 

introduction, distribution, and 

consumption of alcoholic liquor within 

Indian country. 

Section 4 Short Title. This Code 

shall be known and cited as the 

‘‘Pokagon Band Liquor Control Code.’’

Section 5 Purpose. The purpose of 

this Code is to prohibit the importation, 

manufacture, distribution, and sale of 

alcoholic liquor for commercial 

purposes on the Reservation except 

pursuant to a license issued by the 

Commission under the provisions of 

this Code and other Tribal laws. 

Section 6 Application of 18 U.S.C. 

1161. The importation, manufacture, 

distribution, and sale of alcoholic liquor 

for commercial purposes on the 

Reservation shall be ‘‘in conformity 

with’’ this Code and the laws of the 

State of Michigan as that phrase is used 

in 18 U.S.C. 1161. 

Section 7 Incorporation by 

Reference of Michigan Laws. 

(a) In accordance with 18 U.S.C. 1161, 

the Tribe hereby adopts and applies as 

Tribal law those Michigan laws, as 

amended, relating to the sale and 

regulation of alcoholic liquor 

encompassing the following areas: Sale 

to a minor; sale to a visibly intoxicated 

individual; sale of adulterated or 

misbranded liquor; hours of operation; 

and similar substantive provisions, 

including such other laws prohibiting 

the sale of alcoholic liquor to certain 

categories of individuals. Said Tribal 

laws which are defined by reference to 

the substantive areas of Michigan laws 

referred to in this section shall apply in 

the same manner and to the same extent 

as such laws apply elsewhere in 

Michigan to off-Reservation transactions 

unless otherwise agreed by the Tribe 

and State; provided, that nothing in this 

Code shall be construed as a consent by 

the Tribe to the jurisdiction of the State 


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of Michigan or any of its courts or 

subordinate political subdivisions or 

municipalities within the Reservation 

over any activity arising under or 

related to the subject of this Code nor 

shall anything in this Code constitute an 

express or implied waiver of the 

sovereign immunity of the Tribe. 

(b) The Tribe, for resale by the Tribe, 

shall purchase spirits from the Michigan 

Liquor Control Commission, and beer 

and wine from distributors licensed by 

the Michigan Liquor Control 

Commission, at the same price and on 

the same basis that such beverages are 

purchased by similar licensees. 

(c) In the event of any conflict or 

inconsistency between ‘‘adopted and 

applied’’ Michigan laws and this Code, 

the provisions of this Code shall govern. 

(d) Whenever such Michigan laws are 

incorporated herein by reference, 

amendments thereto shall also be 

deemed to be incorporated upon their 

effective date in the State of Michigan 

without further action by the Council. 

Section 8 General Provisions. 

(a) Sales Limited To Permitted Hours. 

No alcoholic liquor shall be sold, 

served, or allowed to be consumed on 

any premises licensed under this Code 

other than during the hours permitted 

by Tribal law and the license. 

(b) Sale to Obviously Intoxicated 

Person. It shall be a violation of this 

Code to sell or furnish for consumption 

on the licensed premises any alcoholic 

liquor to any person who is obviously 

intoxicated at the time. As used in this 

subsection, ‘‘obviously intoxicated’’

means inebriated to the extent that a 

person’s physical faculties are 

substantially impaired and the 

impairment is shown by significantly 

uncoordinated physical action or 

significant physical dysfunction that 

would have been obvious to a 

reasonable person. 

(c) Distribution off premises. No 

person licensed under this Code shall 

distribute or deliver any alcoholic liquor 

off the premises described in the 

license. 

(d) Sale or possession with intent to 

sell without a license. Any person who 

shall sell or offer for sale or distribute 

or transport in any manner, any 

alcoholic liquor in violation of this 

Code, or who shall have alcoholic liquor 

in his possession with intent to sell or 

distribute on the Reservation without a 

license issued pursuant to this Code 

shall be guilty of a violation of this 

Code. 

(e) Purchases from other than licensed 

entities or premises. Any person who, 

on the Reservation or within its 

boundaries, buys alcoholic liquor from 

any person other than a licensed entity 

or premises shall be guilty of a violation 

of this Code. 

(f) Consumption or possession of 

alcoholic liquor by persons under 21 

years of age. No person under the age 

of 21 years shall consume or purchase 

any alcoholic liquor on the Reservation 

or within its boundaries. No person 

under the age of 21 years shall have for 

personal consumption any alcoholic 

liquor in his or her possession on the 

Reservation or within its boundaries. No 

person shall permit any other person 

under the age of 21 years to consume 

alcoholic liquor on his or her premises 

or any premises under his or her control 

except as expressly permitted under this 

Code. Upon any attempt to purchase 

alcoholic liquor on a premises licensed 

under this Code by a person who 

appears may be younger than twentyone (21) years of age, the vendor shall 

demand, and the prospective purchaser 

upon such demand shall display, 

satisfactory evidence that he or she is of 

legal age. Any person violating this 

Section shall be guilty of a separate 

violation of this Code for each and every 

alcoholic liquor beverage consumed, 

acquired, or possessed. 

(g) Sales of Alcoholic Liquor to 

persons under 21 years of age. It shall 

be a violation of this Code to sell or 

furnish any alcoholic liquor to a person 

unless that person has attained 21 years 

of age. Persons selling alcoholic liquor 

shall make a diligent inquiry as to 

whether the purchaser is at least 21 

years of age. For purposes of this 

subsection, the term ‘‘diligent inquiry’’

means a diligent, good faith effort to 

determine the age of the purchaser, 

which includes at least an examination 

of such person’s personal identification 

to establish the identity and age of the 

purchaser. Any person who shall sell or 

provide alcoholic liquor to any person 

under the age of 21 years shall be guilty 

of a violation of this Code for every sale 

or drink provided. 

(h) Transfer of identification to a 

minor. Any person who transfers in any 

manner an identification of age to a 

minor for the purpose of permitting 

such minor to obtain alcoholic liquor 

shall be guilty of an offense; provided, 

that corroborative testimony of a 

witness other than the minor shall be 

required for any finding of a violation of 

this Code. 

(i) Use of False or Altered 

Identification. Any person who attempts 

to purchase an alcoholic liquor beverage 

through the use of a false or altered 

identification shall be guilty of violating 

this Code. 

(j) Acceptable Identification. Where 

there may be a question of a person’s 

right to purchase alcoholic liquor by 

reason of his or her age, such person 

shall be required to present 

identification in one of the following 

forms that displays his or her correct 

age, signature and photograph: 

(1) A driver’s license or identification 

card issued by any state or U.S. 

territory; 

(2) United States active duty military 

ID; 

(3) A passport issued by the Unites 

States or any foreign country; or 

(4) A Tribal identification card or 

other tribal identification card 

recognized by the Commission. 

(k) Sale of Adulterated or Mislabeled 

Liquor. It shall be a violation of this 

Code for any person, by himself or by 

his agent or employee, to sell, offer for 

sale, or possess any alcoholic liquor that 

is adulterated or misbranded or any 

alcoholic liquor in bottles that have 

been refilled. For the purposes of this 

Section, alcoholic liquor shall be 

deemed adulterated if it contains any 

liquids or other ingredients not placed 

there by the original manufacturer or 

bottler. For the purposes of this Section, 

alcoholic liquor shall be deemed 

misbranded when not plainly labeled, 

marked or otherwise designated. For the 

purposes of this section, alcoholic 

liquor bottles shall be deemed to be 

refilled when the bottles contain any 

liquid or other ingredient not placed in 

the bottles by the original manufacturer. 

Section 9 Administration of Code. 

The Gaming Commission shall exercise 

all of the powers and accomplish all of 

the purposes as set forth in this Code, 

including the following actions: 

(a) Adopt and enforce rules and 

regulations for the purpose of 

implementing and enforcing this Code, 

which includes the setting of fees, 

provided that the Gaming Commission 

shall provide a minimum public notice 

and opportunity to comment of sixty 

(60) days on any proposed rule or 

regulation before such rule or regulation 

becomes final and enforceable; 

(b) Execute all necessary documents; 

and 

(c) Perform all matters and things 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions under this Code. 

Section 10 Applicability Within the 

Reservation. This Code shall apply to all 

persons on or within the boundaries of 

the Reservation, consistent with 

applicable federal laws. 

Section 11 Definitions. For the 

purposes of this Code, words in the 

present tense include the future; the 

masculine includes the feminine; the 

singular includes the plural; and the 

plural includes the singular. The word 

‘‘shall’’ is mandatory and the word 


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‘‘may’ is permissive. In construing the 

provisions of this Code, the following 

words or phrases shall have the 

meaning designated unless a different 

meaning is expressly provided or the 

context clearly indicates otherwise: 

(a) ‘‘Alcohol’’ means the product of 

distillation of fermented liquid, whether 

or not rectified or diluted with water, 

but does not mean ethyl or industrial 

alcohol, diluted or not, that has been 

denatured or otherwise rendered unfit 

for beverage purposes. 

(b) ‘‘Alcoholic liquor’’ or ‘‘liquor’’

means any spirituous, vinous, malt, or 

fermented liquor, liquids 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 of alcohol by 

volume which is fit for use for beverage 

purposes. The following eight subclassifications comprise the entire 

universe of alcoholic liquor: beer, wine, 

spirits, alcohol, sacramental wine, 

brandy, mixed wine drink, and mixed 

spirit drink. Alcoholic liquor does not 

include the exceptions set forth in Mich. 

Comp. Laws § 436.4. 

(c) ‘‘Applicant’’ means any person 

who submits an application to the Tribe 

for a liquor license and who has not yet 

received such a license. 

(d) ‘‘Beer’’ means any beverage 

obtained by alcoholic fermentation of an 

infusion or decoction of barley, malt, 

hops, or other cereal in potable water. 

(e) ‘‘Brandy’’ means an alcoholic 

liquor as defined in the federal 

regulations, 27 CFR § 5.22(d) (1980). 

(f) ‘‘Commission’’ and ‘‘Gaming 

Commission’’ as used throughout this 

Code means the Gaming Regulatory 

Committee first established by the 

Pokagon Gaming Regulatory Act, as 

amended, and any other Tribal 

commission, committee, board or other 

entity delegated authority by the 

Council to regulate Tribal gaming 

activities on the Reservation. 

(g) ‘‘Constitution’’ and ‘‘Tribal 

Constitution,’’ as used throughout this 

Code, means the Constitution of the 

Pokagon Band of Potawatomi Indians of 

Michigan and Indiana, adopted on 

November 1, 2005 and approved by the 

Secretary of the Interior on December 

16, 2005, including all subsequent 

amendments ratified and approved 

pursuant to Tribal and federal law. 

(h) ‘‘Council’’ and ‘‘Tribal Council’’

means the elected Tribal Council of the 

Pokagon Band of Potawatomi Indians 

acting as the governing body of the 

Tribe pursuant to the Tribe’s 

Constitution. 

(i) ‘‘License’’ means a liquor license 

issued by the Gaming Commission 

under the provisions of this Code 

authorizing the importation, 

manufacture, distribution, or sale of 

alcoholic liquor for commercial 

purposes on or within the Reservation 

consistent with federal law. 

(j) ‘‘Licensee’’ means any holder of a 

liquor license issued by the Tribe and 

includes any employee or agent of the 

Licensee. 

(k) ‘‘Manufacturer’’ means any person 

engaged in the manufacture of alcoholic 

liquor. 

(l) ‘‘Mixed wine drink’’ means a drink 

or similar product marketed as a wine 

cooler and containing less than seven 

percent (7%) alcohol by volume, 

consisting of wine and plain, sparkling, 

or carbonated water and containing any 

one (1) or more of the following: 

Nonalcoholic liquor; flavoring; coloring 

materials; fruit juices; fruit adjuncts; 

sugar; carbon dioxide; or preservatives. 

(m) ‘‘Mixed spirit drink’’ means a 

drink produced and packaged or sold by 

a mixed spirit drink manufacturer or an 

out-of-state seller of mixed spirit drink 

which contains ten percent (10%) or 

less alcohol by volume consisting of 

distilled spirits mixed with 

nonalcoholic liquor or flavoring or 

coloring materials and which may also 

contain water, fruit juices, fruit 

adjuncts, sugar, carbon dioxide, or 

preservatives. 

(n) ‘‘Person’’ means any individual, 

whether Indian or non-Indian, receiver, 

assignee, trustee in bankruptcy, trust 

estate, tribe, firm, partnership, joint 

corporation, association, society, or any 

group of individuals acting as a unit, 

whether mutual, cooperative, fraternal, 

non-profit, or otherwise, and any other 

Indian tribe, band, or group, whether 

recognized by the United States or 

otherwise. The term shall also include 

any Tribal enterprise and licensee. 

(o) ‘‘Purchase’’ means to acquire, by 

sale or otherwise, individual possession, 

ownership, or rights to goods or 

services. 

(p) ‘‘Reservation’’ means: pursuant to 

25 U.S.C. § 1300j–5 or other applicable 

federal law, (i) all lands, the title to 

which is held in trust by the United 

States for the benefit of the Pokagon 

Band of Potawatomi Indians; and (ii) all 

lands proclaimed by the Secretary of the 

Interior to be part of the Tribe’s 

reservation. The term Reservation 

includes any rights-of-way running 

through the Reservation. 

(q) ‘‘Secretary of the Interior’’ means 

the Secretary of the United States 

Department of the Interior. 

(r) ‘‘Sacramental wine’’ means wine 

containing not more than twenty-four 

percent (24%) of alcohol by volume and 

is used for sacramental purposes. 

(s) ‘‘Sale’’ means the exchange, barter, 

traffic, furnishing, or giving away for 

commercial purposes of possession, 

ownership, or rights to goods or 

services. 

(t) ‘‘Spirits’’ means any beverage 

which contains alcohol obtained by 

distillation, mixed with potable water or 

other substances, or both, in solution, 

and includes wine containing an 

alcoholic content of more than twentyone percent (21%) by volume, except 

sacramental wine and mixed spirit 

drink. 

(u) ‘‘Tribal Court’’ means the Tribal 

Court of the Pokagon Band of 

Potawatomi Indians. 

(v) ‘‘Tribal enterprise’’ means the 

Tribe or any activity or business owned, 

managed, or controlled by the Tribe or 

any agency, subordinate organization, or 

other entity of the Tribe, where the 

organic documents establishing such 

enterprise expressly allow for the sale of 

alcoholic liquor. 

(w) ‘‘Tribal law’’ means the Tribal 

Constitution and all laws, acts, codes, 

and resolutions now and hereafter duly 

enacted by the Tribal Council and any 

rules or regulations duly promulgated 

by the Gaming Commission pursuant to 

this Code. 

(x) ‘‘Tribe’’ means, and ‘‘Tribal’’ refers 

to, the Pokagon Band of Potawatomi 

Indians of Michigan and Indiana. 

(y) ‘‘Wine’’ means the product made 

by the normal alcoholic fermentation of 

the juice of sound, ripe grapes, or any 

other fruit with the usual cellar 

treatment, and containing not more than 

twenty-one percent (21%) of alcohol by 

volume, including fermented fruit juices 

other than grapes and mixed wine 

drinks. 

Section 12 Interpretation and 

Findings. The Gaming Commission in 

the first instance may interpret any 

ambiguities contained in this Code. 

Section 13 Liberal Construction. The 

provisions of this Code shall be liberally 

construed to achieve the purposes set 

forth, whether clearly stated or apparent 

from the context of the language used 

herein. 

Section 14 Computation of Time. 

Unless otherwise provided in this Code, 

in computing any period of time 

prescribed or allowed by this Code, the 

day of the act, event or default from 

which the designated period time begins 

to run shall not be included. The last 

day of the period so computed shall be 

included, unless it is a Saturday, a 

Sunday, or a legal holiday, in which 

event the period runs until the end of 

the next day which is not a Saturday, a 

Sunday, or a legal holiday. For the 

purposes of this Code, the term ‘‘legal 


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holiday’’ shall mean all legal holidays 

under Tribal law. 

Section 15 Prohibition of Unlicensed 

Sale of Alcoholic Liquor. This Code 

prohibits the importation, manufacture, 

distribution, or sale of alcoholic liquor 

for commercial purposes other than 

where conducted by a Tribal enterprise 

in accordance with this Code. No 

license shall be issued to any person or 

entity other than a Tribal enterprise. 

The federal liquor laws are intended to 

remain applicable to any act or 

transaction that is not authorized by this 

Code, and violators shall be subject to 

federal law. Consistent with United 

States v. Wheeler, 435 U.S. 313 (1978), 

nothing shall prevent both federal and 

Tribal jurisdiction to enforce this Code. 

Section 16 Sales of Alcoholic Liquor. 

(a) Sales for Cash. All alcoholic liquor 

sales on the Reservation or within its 

boundaries shall be on a cash or cash 

equivalent basis, including the use of 

ATM cards, debit cards, checks, major 

credit cards, or other instruments 

approved by the Gaming Commission. 

(b) Sales for Personal Consumption. 

All alcoholic liquor sales shall be for the 

personal use and consumption by the 

purchaser. Resale of any alcoholic 

liquor purchased on the Reservation or 

within its boundaries is prohibited. Any 

person not licensed pursuant to this 

Code who purchases alcoholic liquor on 

the Reservation and sells it, whether in 

the original container or not, shall be 

guilty of a violation of this Code. 

Section 17 Authorization to Sell 

Alcoholic Liquor. Any Tribal enterprise 

applying for and obtaining a license 

under the provisions of this Code shall 

have the right to engage only in those 

alcoholic liquor transactions expressly 

authorized by such license and only at 

those specific places or areas designated 

in said license. 

Section 18 Limitation of the 

Commission’s Powers. The 

Commission’s powers under this Code 

shall be limited as follows: 

(a) The Commission may only issue a 

license permitting the sale of alcoholic 

liquor on those areas of the Reservation 

where such activities have been 

authorized by the Tribal Council. 

(b) In the exercise of its powers and 

duties under this Code, the Commission 

and its individual members shall not 

accept any gratuity, compensation, or 

other things of greater than nominal 

value from any alcoholic liquor 

producer, wholesaler, retailer, or 

distributor or from any liquor licensee 

provided that if other enactments of law 

by the Tribal Council provide more 

stringent ethics standards, such other 

standards shall apply. 

Section 19 Classes of Licenses. The 

Commission shall have the authority to 

issue any one or more of the following 

classes of liquor licenses within the 

Reservation: 

(a) ‘‘Retail on-sale general license’’

means a license authorizing the 

applicant to sell alcoholic liquor at 

retail to be consumed by the buyer only 

on the premises or at the location 

designated in the license. This class 

includes, without limitation, hotels 

where alcoholic liquor may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

(b) ‘‘Retail on-sale beer and wine 

license’’ means a license authorizing the 

applicant to sell beer and wine at retail 

to be consumed by the buyer only on 

the premises or at the location 

designated in the license. This class 

includes, without limitation, hotels 

where beer and/or wine may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

(c) ‘‘Retail off-sale general license’’

means a license authorizing the 

applicant to sell alcoholic liquor at 

retail to be consumed by the buyer off 

of the premises or at a location other 

than the one designated in the license. 

(d) ‘‘Retail off-sale beer and wine 

license’’ means a license authorizing the 

applicant to sell beer and wine at retail 

to be consumed by the buyer off of the 

premises or at a location other than the 

one designated in the license. 

(e) ‘‘Manufacturer’s license’’ means a 

license authorizing the applicant to 

manufacture alcoholic liquor for the 

purpose of sale on the Reservation. 

(f) ‘‘Temporary license’’ means a 

license authorizing the sale of alcoholic 

liquor on a temporary basis for premises 

temporarily occupied by the licensee for 

a picnic, social gathering, or similar 

occasion. The Commission may, by 

appropriate Commission action, limit or 

restrict the number of licenses issued or 

in effect in its sole discretion. 

Section 20 Application Form and 

Content. An application for a license 

shall be made to the Commission and 

shall contain the following information: 

(a) The name and address of the 

licensee, including the names and 

addresses of all of the principal officers 

and directors, and other employees with 

primary management responsibility 

related to the sale of alcoholic liquor; 

(b) The specific area, location, and/or 

premise(s) sought to be licensed; 

(c) The class of liquor license applied 

for (e.g., retail on-sale general license, 

etc.); 

(d) Whether a state liquor license has 

been issued to the applicant; 

(e) A sworn statement by the 

applicant to the effect that none of the 

applicant’s officers and directors, and 

employees with primary management 

responsibility related to the sale of 

alcoholic liquor were ever convicted of 

a felony under any law and have not 

violated and will not violate or cause or 

permit to be violated any of the 

provisions of this Code; and 

(f) The application shall be verified 

under oath and notarized by a duly 

authorized representative. 

Section 21 Transfer of License. Each 

license issued or renewed under this 

Code is separate and distinct and is 

transferable from one licensee to 

another and/or from one premises to 

another only with the approval of the 

Gaming Commission. The Commission 

shall have the authority to approve, 

deny, or approve with conditions any 

application for the transfer of any 

license. The transfer application shall 

contain all of the information required 

of an original applicant under Section 

20 of this Code and shall be signed by 

both the licensee and transferee. In the 

case of a transfer to a new premises, the 

application shall contain an exact 

description of the location where the 

alcoholic liquor is proposed to be sold. 

Section 22 Term and Renewal of 

License. All licenses shall be issued on 

a calendar year basis and shall be 

renewed annually. The applicant shall 

renew a license by, prior to the license’s 

expiration date, submitting a written 

renewal application to the Gaming 

Commission on the provided form, and 

paying the annual license fee for the 

next year. 

Section 23 Investigation. Upon 

receipt of an application for the 

issuance, renewal, or transfer of a 

license, the Gaming Commission shall 

make a thorough investigation to 

determine whether the applicant and 

the premises for which a license is 

applied for qualify for a license. The 

Commission shall investigate all matters 

related to the eligibility of the applicant 

and the premises for a license under the 

requirements of this Code, including 

matters that may affect public health, 

safety, or welfare. The Commission shall 

specifically conclude whether the 

provisions of this Code have been 

complied with by the applicant and the 

premises. 

Section 24 Public Hearing. Upon 

receipt of an application for issuance or 

transfer of a license, and the payment of 

all fees required under this Code, the 

Gaming Commission shall set the matter 

for a public hearing. A hearing shall not 

be required for a license renewal unless 

required by the Commission in its 

discretion based on information 

provided in the applicant’s renewal 

application indicating that there has 


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been a material change in the 

applicant’s ownership or control or 

based on other matters that may affect 

the applicant’s continued eligibility for 

a license. Notice of the time and place 

of the hearing shall be given at least 

twenty (20) calendar days before the 

hearing to the applicant by United 

States mail, postage prepaid, at the 

address listed in the application or any 

other reasonable method adopted by the 

Commission. The Commission shall also 

provide notice to the public of the time, 

place, and purpose of the hearing by 

publication in a Tribal newspaper, a 

newspaper of general circulation sold 

on the Reservation, public posting or 

other reasonable method. The public 

notice shall include the name of the 

applicant, whether the action involves a 

new issuance, renewal, or transfer, the 

class of license applied for, and a 

general description of the area where 

the alcoholic liquor will be or has been 

sold. The hearing shall be conducted 

before the Gaming Commission under 

such rules of procedure as it may adopt. 

The Gaming Commission shall hear 

from any person who wishes to speak 

for or against the application, subject to 

such limitations as the Commission may 

issue in the course of the hearing 

regarding the length, relevance, or 

repetitiveness of each speaker’s 

testimony. 

Section 25 Gaming Commission 

Action on the Application. The Gaming 

Commission shall act on the matter 

within thirty (30) days of the conclusion 

of the public hearing. The Commission 

shall have the authority to deny, 

approve, or approve the application 

with conditions. Upon approval of an 

application, the Commission shall issue 

a license to the applicant in a form to 

be approved from time to time by the 

Commission. 

Section 26 Denial of License, 

Renewal, or Transfer. Solely for 

purposes of this Section and Section 25, 

‘‘applicant’’ means licensee in the event 

of a renewal, and licensee and/or 

transferee in the event of a transfer. An 

application for a new license, license 

renewal, or license transfer may be 

denied for one or more of the following 

reasons: 

(a) The applicant has materially 

misrepresented facts contained in the 

application; 

(b) The applicant is presently not in 

compliance with Tribal or federal laws; 

(c) Granting of the license (or renewal 

or transfer thereof) would create a threat 

to the peace, safety, morals, health, or 

welfare of the Tribe; 

(d) The applicant has failed to 

complete the application properly or 

has failed to tender the appropriate fee; 

or 

(e) A plea, verdict, or judgment of 

guilty, or the plea of nolo contendere by 

an applicant’s officer or director, or an 

employee with primary management 

responsibility related to the sale of 

alcoholic liquor, to any offense under 

any federal or state law prohibiting or 

regulating the sale, use, possession, or 

giving away of alcoholic liquor; or 

(f) The applicant has a suspended or 

revoked state liquor license. 

Section 27 Temporary Denial. If the 

application is denied solely on the basis 

of subsections 26(b) or 26(d), the 

Gaming Commission shall, within 

fourteen (14) days of receipt of the 

application, issue a written notice of 

temporary denial to the applicant. Such 

notice shall set forth the reasons for 

denial and shall state that the denial 

will become permanent if the 

problem(s) is not corrected within 

fifteen (15) days following receipt of the 

notice. 

Section 28 Multiple Locations. Each 

license shall be issued to a specific 

licensee. Separate licenses shall be 

issued for each of the premises of any 

business establishment having more 

than one address. 

Section 29 Posting of License. Every 

licensee shall post and keep posted its 

license(s) in a conspicuous place(s) on 

the licensed premises. 

Section 30 Suspension or 

Revocation of License. Any one of the 

following actions or inactions by a 

licensee shall constitute grounds for the 

suspension or revocation of a license: 

(a) Material misrepresentation of facts 

contained in any license application; 

(b) Not in compliance with Tribal or 

federal laws; 

(c) Failure to comply with any 

condition of the license, including 

failure to pay a required fee; 

(d) A plea, verdict, or judgment of 

guilty, or a plea of nolo contendere 

entered against one of its officers or 

directors, or employees with primary 

management responsibility related to 

the sale of alcoholic liquor, to any 

offense under federal or state law 

prohibiting or regulating the sale, use, or 

possession, or giving away of alcoholic 

liquor; 

(e) Failure to take reasonable steps to 

correct objectionable conditions 

constituting a nuisance on the licensed 

premises or any adjacent area within a 

reasonable time after receipt of a notice 

to make such corrections has been 

received from the Commission or its 

authorized representative; or 

(f) Suspension or revocation of the 

licensee’s state liquor license. 

Section 31 Initiation of Suspension or 

Revocation Proceedings. Suspension or 

revocation proceedings are initiated by 

the Gaming Commission either: 

(a) on the Commission’s own 

initiative through adoption of a 

resolution that sets forth allegations that 

if substantiated, would provide grounds 

under this Code for the Commission to 

suspend or revoke the license(s); or 

(b) based on a signed request by any 

person and filed with the Commission 

that alleges facts that would, if 

substantiated, provide grounds under 

this Code for the Commission to 

suspend or revoke the license(s). 

The Gaming Commission shall cause 

the matter to be set for a hearing before 

the Commission on a date not later than 

thirty (30) days from the Commission’s 

adoption of the resolution or its receipt 

of a request. Notice of the time, date, 

and place of the hearing shall be given 

the licensee and the public in the same 

manner as set forth in Section 24. The 

notice shall state that the licensee has 

the right to file a written response, 

verified under oath and signed by the 

licensee, five (5) days prior to the 

hearing date. 

If the Gaming Commission determines 

that the grounds for suspension or 

revocation of a license are supported by 

reliable evidence and that such grounds 

pose a substantial risk of imminent 

harm to the health, welfare, or safety of 

the public, the Gaming Commission 

may immediately suspend such license 

provided that such emergency 

suspension may not exceed three (3) 

calendar days without a hearing. 

Section 32 Hearing. The hearing 

shall be held before the Gaming 

Commission under such rules of 

procedure as it may adopt. Both the 

licensee and the person filing the 

request may present witnesses to testify 

and to present written documents in 

support of their positions to the Gaming 

Commission. The Gaming Commission 

may issue limitations in the course of 

the hearing regarding the length, 

relevance, or repetitiveness of each 

witness’s testimony. The Gaming 

Commission shall render its decision 

within sixty (60) days after the date of 

the hearing. The decision of the Gaming 

Commission shall be final. 

Section 33 Delivery of License. A 

licensee, upon suspension or revocation 

of such license, shall promptly return 

the license to the Gaming Commission. 

In cases involving suspension, the 

Gaming Commission shall return the 

license to the licensee at the expiration 

or termination of the suspension period, 

with a memorandum of the suspension 

written or stamped upon the face 

thereof in red ink. 


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2550 Federal Register / Vol. 72, No. 12 / Friday, January 19, 2007 / Notices 

Section 34 General Penalties. Any 

person adjudged to be in violation of 

this Code, including any lawful 

regulation promulgated pursuant 

thereto, shall be subject to a civil fine 

of not more than five hundred dollars 

($500.00) for each such violation. The 

Gaming Commission may adopt by 

resolution a separate schedule for fines 

for each type of violation, taking into 

account the seriousness and threat the 

violation may pose to the general health 

and welfare. Such schedule may also 

provide, in the case of repeated 

violations, for imposition of monetary 

penalties greater than the five hundred 

dollar ($500.00) limitation set forth 

above. The penalties provided for herein 

shall be in addition to any criminal 

penalties that may be imposed under 

applicable law. 

Section 35 Initiation of Action. Any 

violation of this Code shall constitute a 

public nuisance. The Gaming 

Commission, on behalf of and in the 

name of the Tribe, may initiate and 

maintain an action in Tribal Court to 

abate and permanently enjoin any 

nuisance declared under this Code. Any 

action taken under this section shall be 

in addition to any other penalties 

provided for in this Code. The plaintiff 

shall not be required to give bond in this 

action. 

Section 36 Inspection. Immediately 

upon the request of a law enforcement 

officer or a Commission investigator 

empowered to enforce this Code and the 

rules and regulations promulgated 

hereunder, a licensee shall make the 

licensed premises available for 

inspection and search during regular 

business hours or when the licensed 

premises are occupied by the licensee, 

including the licensee’s employees and 

agents. 

Section 37 Contraband; Seizure; 

Forfeiture. 

(a) All alcoholic liquor within the 

Reservation held, owned, or possessed 

by any person or licensee operating in 

violation of this Code is hereby declared 

to be contraband and subject to 

forfeiture to the Tribe. 

(b) Within three (3) weeks following 

the seizure of the contraband, a hearing 

shall be held by the Gaming 

Commission, at which time the operator 

or owner of the contraband shall be 

given an opportunity to present 

evidence in defense of his or her 

activities. 

(c) Notice of the hearing shall be given 

to the person from whom the property 

was seized, if known prior to hearing. If 

the person is unknown, notice of the 

hearing shall be posted at the place 

where the contraband was seized and at 

other public places on the Reservation. 

The notice shall describe the property 

seized, and the time, place, and cause of 

seizure and give the name and place of 

residence, if known, of the person from 

whom the property was seized. 

(d) If upon hearing, the evidence 

warrants, or if no person appears as a 

claimant, the Gaming Commission shall 

thereupon enter a determination of 

forfeiture and order such contraband 

sold or destroyed forthwith. 

Section 38 Disposition of Proceeds. 

The gross proceeds collected by the 

Commission from licensing shall be 

distributed as follows: 

(a) First, to the Commission for the 

payment of all necessary personnel, 

administrative costs, and legal fees for 

the administration of the provisions of 

this Code; and 

(b) Second, to the Tribe any 

remainder. 

Section 39 Appeals. Appeals under 

this Code may only be brought in the 

Pokagon Band Tribal Court by an 

applicant or a licensee to: 

(a) challenge a final Gaming 

Commission decision to deny a license, 

to deny an application to renew or 

transfer a license, or to revoke a license; 

or 

(b) to compel a Gaming Commission 

decision or action unreasonably delayed 

or unlawfully withheld more than sixty 

(60) days beyond any mandatory time 

limit established by law. 

The Tribal Court shall hold unlawful 

and set aside any Gaming Commission 

decision it finds to be arbitrary, not in 

accordance with law, in excess of 

statutory authority, or unsupported by 

substantial evidence in the record. The 

Tribal Court shall give deference to the 

Gaming Commission’s reasonable 

interpretations of this Code and any 

rules or regulations promulgated 

hereunder. 

Section 40 License Not a Property 

Right. Notwithstanding any other 

provision of this Code, a liquor license 

is a mere permit for a fixed duration of 

time. A liquor license shall not be 

deemed a property right or vested right 

of any kind, nor shall the granting of a 

liquor license give rise to a presumption 

of legal entitlement to the granting of 

such license for a subsequent time 

period. 

Section 41 Savings Clause. In the 

event any provision of this Code shall 

be found or declared to be invalid by a 

court of competent jurisdiction, all of 

the remaining provisions of this Code 

shall be unaffected and shall remain in 

full force and effect. 

Section 42 Effective Date. The 

effective date of this Code is the date 

that the Secretary of the Interior 

publishes the same in the Federal 

Register. 

Section 43 Prior Inconsistent Acts. 

Except as provided otherwise under 

applicable federal law, this Code shall 

be the exclusive Tribal law governing 

the introduction, distribution, sale and 

regulation of alcoholic liquor within the 

Reservation. This Code shall supersede 

any and all Tribal laws that are 

inconsistent with the provisions of this 

Code, and such laws are hereby 

rescinded and repealed. 

Section 44 Sovereign Immunity 

Preserved. 

(a) The Tribe, and all of its constituent 

parts, which includes but is not limited 

to Tribal enterprises, subordinate 

organizations, boards, committees, 

officers, employees and agents, are 

immune from suit in any jurisdiction 

except to the extent that such immunity 

has been expressly and unequivocally 

waived in writing by the Tribe. 

(b) Nothing in this Code, and no 

enforcement action taken pursuant to 

this Code or otherwise, including 

without limitation the filing of suit by 

the Gaming Commission to enforce any 

provision of this Code or other Tribal 

law, shall constitute a waiver of such 

sovereign immunity, either as to any 

counterclaim, regardless of whether the 

asserted counterclaim arises out of the 

same transaction or occurrence, or in 

any other respect. 

Legislative History 

Liquor Control Code, enacted 

September 9, 2006 by Res. No. 06–09–

09–12 and certified by the Secretary of 

the Interior and published on lll 

lll ll( Fed.Reg.) lll. 

[FR Doc. E7–714 Filed 1–18–07; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Advisory Board for Exceptional 

Children 

AGENCY: Bureau of Indian Education, 

Interior. 

ACTION: Notice of meeting. 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

Bureau of Indian Education is 

announcing that the Advisory Board for 

Exceptional Children will hold its next 

meeting in Washington, DC. The 

purpose of the meeting is to meet the 

mandates of the Individuals with 

Disabilities Education Improvement Act 

of 2004 (IDEIA) on Indian children with 

disabilities. 


sroberts on PROD1PC70 with NOTICES