[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Notices]
[Pages 47514-47515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23732]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Chitimacha Tribe of Louisiana Liquor Ordinance

AGENCY: Bureau of Indian Affairs.

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 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. Sec. 1161, as interpreted by the 
Supreme Court in, Rice v. Rehner, 463 U.S. 713 (1983). I certify that 
the Chitimacha Tribe of Louisiana Liquor Ordinance was duly adopted by 
Resolution No. CHI-TC # 3-97 of the Chitimacha Tribe of Louisiana 
Tribal Council on January 2, 1997. The ordinance provides for the 
regulation, sale, possession and use of alcholic liquor within the 
Tribe's jurisdiction.

DATES: This ordinance is effective as of September 9, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry Cordova, Office of Tribal 
Services, 1849 C Street, N.W., MS 4641 MIB, Washington, D.C. 20240-
4001; telephone (202)208-4401.

SUPPLEMENTARY INFORMATION: The Chitimacha Tribe of Louisiana Liquor 
Ordinance shall read as follows:

Title XIV--Tribal Licenses and Permits

Chapter 1. Liquor Licenses and Permits

Sec. 101. Conformity with State Law and This Ordinance
    The introduction, possession, transportation, and sale of 
intoxicating beverages shall be lawful within the Indian country under 
the jurisdiction of the Tribe, provided that such introduction and sale 
are in conformity with the laws of the State of Louisiana and with the 
provisions of this ordinance.
Sec. 102. Tribal License or Permit Required
    No person shall engage in the sale of intoxicating beverages within 
the Indian country under the jurisdiction of the Tribe, unless duly 
licensed or permitted to do so by the Tribe in accordance with the 
terms of this Ordinance and the State of Louisiana.
Sec. 103. Application for Tribal Liquor License; Requirements
    No tribal license shall issue under this Ordinance except upon a 
sworn application filed with the Council containing a full and complete 
showing of the following:
    (a) Satisfactory proof that the applicant is or will be duly 
licensed by the State of Louisiana.
    (b) Satisfactory proof that the applicant is of good character and 
reputation among the people of the

[[Page 47515]]

Reservation and that the applicant is financially responsible.
    (c) The description of the premises in which the intoxicating 
beverages are to be sold, proof that the applicant is the owner of such 
premises, or lessee of such premises, for at least the term of the 
license.
    (d) Agreement by the applicant to accept and abide by all 
conditions of the tribal license.
    (e) Payment of a $250.00 fee, is prescribed by the Council.
    (f) Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony.
    (g) Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least 30 days prior to 
consideration by the Council and has been published at least twice in 
such local newspaper serving the community that may be affected by the 
license as the Tribal Chairman or Secretary may authorize. The notice 
shall state the date, time and place when the application shall be 
considered by the Council pursuant to Section 104 of this Ordinance.
Sec. 104. Hearing on Application for Tribal Liquor License
    All applications for a tribal liquor license shall be considered by 
the Council in open session at which the applicant, his attorney 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 Council, by secret ballot, 
shall determine whether to grant or deny the application, based on:
    (1) Whether the requirements of Section 103 have been met and;
    (2) Whether the Council, in its discretion, determines that 
granting the license is in the best interests of the Tribe.
    In the event that the applicant is a member of the Tribal Council, 
or a member of the immediate family of a Council member, such member 
shall not vote on the application or participate in the hearings as a 
Council member.
Sec. 105. Temporary Permits
    The Council or their designee may grant a temporary permit for the 
sale of intoxicating beverages for a period not to exceed three (3) 
days to any person applying for the same in connection with a tribal or 
community activity, provided that the conditions prescribed in Sections 
106(b), 106(c), 106(d), 106(h), and 106(i) of this Ordinance shall be 
observed by the permittee. Each permit issued shall specify the types 
of intoxicating beverages to be sold. Further, a fee of $25.00 will be 
assessed on temporary permits.

Sec. 106. Conditions of the Tribal License

    Any tribal license issued under this Title shall be subject to such 
reasonable conditions as the Council shall fix, including, but not 
limited to the following:
    (a) The license shall be for a term of one year.
    (b) The license shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    (c) The licensed premises shall be subject to patrol by the Tribal 
Police Department, and such other law enforcement officials as may be 
authorized under federal or tribal law.
    (d) The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during the regular business 
hours.
    (e) Subject to the provisions of subsection ``f'' of this section, 
no intoxicating beverages shall be sold, served, disposed of, 
delivered, or given to any person, or consumed on the licensed premises 
except in conformity with the hours and days prescribed by the laws of 
the State of Louisiana, and in accordance with the hours fixed by the 
Council, provided that the licensed premises shall not operate or open 
earlier or operate or close later than is permitted by the laws of the 
State of Louisiana.
    (f) No liquor shall be sold within 200 feet of a polling place on 
tribal election days, or when a referendum is held of the people of the 
Tribe, and including special days of observance as designated by the 
Council.
    (g) All acts and transactions under authority of the tribal liquor 
license shall be in conformity with the laws of the State of Louisiana, 
and shall be in accordance with this Ordinance and any tribal license 
issued pursuant to this Ordinance.
    (h) No person under the age permitted under the law of the State of 
Louisiana shall be sold, served, delivered, given or allowed to consume 
alcoholic beverages in the licensed establishment and/or area.
    (i) There shall be no discrimination in the operations under the 
tribal license by reason of race, color or creed. Provided, that the 
Council shall not grant to the licensee, by way of a condition of the 
license, or otherwise, any privilege or benefit relating to the hours 
and days of operation of the licensed premises, greater than those 
permitted by the laws of the State of Louisiana.
Sec. 107. License Not a Property Right
    Notwithstanding any other provision of this Ordinance, a tribal 
liquor license is a mere permit for a fixed duration of time. A tribal 
license shall not be deemed a property right or vested right of any 
kind, nor shall the granting of a tribal liquor license give rise to a 
presumptive or legal entitlement to the granting of such license for a 
subsequent time period.
Sec. 108. Assignment or Transfer
    No tribal license issued under this Ordinance shall be assigned or 
transferred without the written approval of the Council expressed by 
formal resolution.
Sec. 109. Cancellation and Suspension
    Any license issued hereunder may be suspended or cancelled by the 
Council for the breach of any of the provisions of this Ordinance, or 
of the tribal license upon hearing before the Council after 10 days 
notice to the licensee. The decision of the Council shall be final.
Sec. 110. Allocation of Fees
    Any and all License and/or Permit fees collected pursuant to 
Chapter 1 shall be utilized for public works.
Sec. 111. Limitation of Liability for Loss Connected With Sale, 
Serving, or Furnishing of Alcoholic Beverages
    Neither the Tribe nor any person or entity, nor any agent, servant, 
or employee of such a person or entity who, on the Reservation, 
pursuant to appropriate licensure, sells or serves intoxicating 
beverages of either high or low alcoholic content to a person over the 
age for the lawful purchase thereof, shall be liable to such person or 
to any other person or to the estate, successors, or survivors of 
either for any injury suffered on or off the premises, including 
wrongful death and property damage, because of the intoxication of the 
person to whom the intoxicating beverages were sold or served.

    Dated: August 29, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-23732 Filed 9-8-97; 8:45 am]
BILLING CODE 4310-02-P