[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10545-10547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4029]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Coushatta Tribe of Louisiana--Alcoholic Beverage Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Coushatta Tribe of Louisiana 
Alcoholic Beverage Control Ordinance. The Ordinance regulates and 
controls the possession, sale and consumption of liquor within the 
Coushatta Tribe's Indian country. This Ordinance will increase the 
ability of the tribal government to control the distribution and 
possession of liquor within its reservation and at the same time will 
provide an important source of revenue and strengthening of the tribal 
government and the delivery of tribal services.

DATES: Effective Date: This Act is effective as of February 22, 2012.

FOR FURTHER INFORMATION CONTACT: Chanda M. Joseph, Tribal Relations 
Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545 
Marriott Drive, Suite 700, Nashville, TN 37214; Telephone (615) 564-
6750; Fax (615) 564-6701; or De Springer, Office of Indian Services, 
1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202) 
513-7626; Fax (202) 208-5113.

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 Coushatta Tribal Council adopted 
the Ordinance, by Coushatta Tribe of Louisiana Tribal Council 
Resolution No. 2011-32, on March 30, 2011.
    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 duly adopted the Coushatta 
Tribe of Louisiana Alcoholic Beverage Control Ordinance on March 30, 
2011.

    Dated: February 13, 2012.
Larry Echo Hawk,
Assistant Secretary, Indian Affairs .
    The Coushatta Tribe of Louisiana Alcoholic Beverage Control 
Ordinance reads as follows:

Section 1. Title

    This Ordinance shall be known as the Coushatta Tribe of Louisiana 
Alcoholic Beverage Control Ordinance.

Section 2. Purpose

    The purpose of this Ordinance is to authorize, regulate and control 
the possession, transportation, purchase, sale and serving of alcoholic 
beverages within the Indian Country of the Coushatta Tribe of Louisiana 
in accordance with federal law, the laws of the State of Louisiana and 
the laws of the Coushatta Tribe of Louisiana.

Section 3. Definitions

    As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    (a) ``Alcoholic beverage'' means any fluid or any solid capable of 
being converted into fluid, suitable for human consumption, and 
containing more than one-half of one percent alcohol by volume, 
including malt, vinous, spirituous, alcoholic or intoxicating liquors, 
beer, porter, ale, stout fruit juices, cider, or wine.
    (b) ``Gaming Enterprise'' includes all businesses whose employees 
are subject to licensing by the Coushatta Gaming Commission.
    (c) ``Indian Country'' means the Coushatta Tribe of Louisiana's 
Indian country as that term is defined in 18 U.S.C. Sec.  1151.
    (d) ``Liquors'' means all distilled or rectified alcoholic spirits, 
brandy, whiskey, rum, gin, and all similar distilled alcoholic 
beverages, including all dilutions and mixtures of one or more of the 
foregoing, such as liquors, cordials, and similar compounds.

[[Page 10546]]

    (e) ``Malt'' means beverages obtained by alcoholic fermentation of 
an infusion or by a brewing process or concoction of barley or other 
grain, malt, sugars, and hops in water, including among other things, 
ale, beer, stout, porter, and the like. Malt beverages are exclusive of 
all ``liquors'' whether they be defined as intoxicating or spirituous 
liquors, or as alcoholic, vinous, or malt liquors, or however otherwise 
defined as liquors, which are produced by distillation.
    (f) ``Sale'' and ``sell'' means:
    (i) Any exchange, barter, and traffic of alcoholic beverages; or
    (ii) The selling of or supplying or distributing, by any means 
whatsoever, of alcoholic beverages; or
    (iii) The serving, giving or distributing of alcoholic beverages, 
whether or not money is requested or paid in connection with such 
service, giving, or distribution, except that any of the above actions 
taken by a wholesaler of alcoholic beverages that is duly licensed by 
the State of Louisiana is not a ``sale'' and is not subject to 
licensure under this Ordinance.
    (g) ``Tribe'' shall mean the Coushatta Tribe of Louisiana.
    (h) ``Tribal Council'' shall mean the duly elected governing body 
of the Coushatta Tribe of Louisiana.
    (i) ``Wine'' shall mean all beverages made from the fermentation of 
fruits, berries, or grapes, with or without added spirits, and shall 
include all sparkling wine, which means champagne and any other 
effervescent wine charged with carbon dioxide, whether artificially or 
as the result of secondary fermentation of the wine within the 
container; and still wine, which means any non-effervescent wine, 
including any fortified wine, vermouth, any artificial imitation wine, 
any compound sold as ``still wine,'' and any fruit juice.

Section 4. General

    The possession, transportation, purchase, and sale of alcoholic 
beverages shall be lawful within Indian Country, provided that such 
possession, transportation, purchase and sale are in conformity with 
the provisions of this Ordinance and the laws of the State of 
Louisiana.

Section 5. Tribal License or Permit Required

    (a) No person shall sell any alcoholic beverage within Indian 
Country unless duly licensed to do so by the Tribe in accordance with 
the terms of this Ordinance and the laws of the State of Louisiana. 
Notwithstanding the foregoing, no license is required for the 
possession or service of alcoholic beverages at a private residence 
within Indian Country under this Ordinance provided that no money is 
requested or paid in connection with such service or possession. Such 
service or possession must in any event comply with the laws of the 
State of Louisiana.
    (b) Notwithstanding subsection (a), if (1) the Tribe or its gaming 
enterprise seeks to sell alcoholic beverages within Indian Country and 
(2) the Tribe or its gaming enterprise, as the case may be, is or will 
be duly licensed by the State of Louisiana to sell alcoholic beverages, 
then the Tribe and/or its gaming enterprise may sell such beverages 
without applying for or obtaining a Tribal Alcoholic Beverage License.

Section 6. Tribal Alcoholic Beverage License; Requirements

    No tribal license shall issue under this Ordinance except upon a 
sworn application filed with the Tribal 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 and that the applicant is financially responsible;
    (c) The description of the premises in which the alcoholic 
beverages are to be sold, and proof that the applicant is the owner of 
such premises, or lessee of such premises, or is otherwise entitled by 
law to use 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 fee as prescribed by the Tribal Council;
    (f) Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony; and
    (g) Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where alcoholic 
beverages are to be sold for at least 30 days prior to consideration by 
the Tribal Council and that such notice 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 provide contact information for purposes of 
written comment by the public on the application and indicate the last 
date by which such written comments will be accepted by the Tribal 
Council. Contact information and a final comment date shall be provided 
to each applicant upon request. The Tribal Council will consider all 
such comments prior to holding a hearing on the application pursuant to 
this Ordinance.

Section 7. Hearing on Application for Tribal Alcoholic Beverage License

    (a) All applications for a tribal alcoholic beverage license shall 
be considered by the Tribal Council in a session at which the applicant 
shall have the right to be present. The Tribal Council may also summon 
to the hearing any person(s) supporting or opposing the application who 
submitted written comments by the comment deadline. All applicants and 
any person summoned by the Tribal Council to attend the hearing shall 
have the right to be present, and to offer sworn oral or documentary 
evidence relevant to the application.
    (b) Prior to conducting the hearing the Tribal Council may order a 
background investigation of the applicant or any of the individuals 
listed on the applicant's license application.
    (c) After the hearing, the Tribal Council, by secret ballot, shall 
determine whether to grant or deny the application, based on:
    (i) Whether the requirements of Section 6 of this Ordinance have 
been met; and
    (ii) Whether the Tribal Council, in its discretion, determines that 
granting the license is in the best interests of the Tribe.
    (d) 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.

Section 8. Temporary License

    (a) The Tribal Council or its designee may grant a temporary 
license for the sale of alcoholic 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 application shall be 
made as provided by Sections 6 and 7 of this Ordinance, and that the 
conditions prescribed in Sections 9(b) through 9(j) of this Ordinance, 
as well as any other reasonable conditions as the Tribal Council may 
establish, shall be observed by the temporary licensee.
    (b) Each temporary license issued shall specify the types of 
alcoholic beverages to be sold, as well as the specific place, dates 
and times when the permit is valid.
    (c) A fee, established by the Tribal Council, will be assessed on 
applications for temporary licenses.

[[Page 10547]]

Section 9. Conditions of the Tribal License

    Any tribal license issued under this Ordinance shall be subject to 
such reasonable conditions as the Tribal Council shall establish, 
including, but not limited to the following:
    (a) A regular license shall be valid for a term of one year. A 
temporary license shall be valid for a period of not to exceed three 
days.
    (b) The licensee 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 tribal or federal law.
    (d) The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during regular business hours.
    (e) All sales of alcoholic beverages shall be for the personal use 
and consumption of the purchaser, and no resale of any alcoholic 
beverage is permitted, except that a licensed retailer of alcoholic 
beverages may purchase alcoholic beverages for resale within Indian 
Country.
    (f) 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 premises.
    (g) No alcoholic beverages shall be sold, served, disposed of, 
delivered, or given to any person, or consumed on the licensed 
premises, except in conformity with any applicable Tribal and/or 
Louisiana State rules limiting the hours and days on which alcoholic 
beverages may be sold, served, disposed of, delivered or given to any 
person. In no event shall the licensed premises operate or open earlier 
or operate or close later than is permitted by the laws of the State of 
Louisiana.
    (h) No alcoholic beverage 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, or on any special days of observance as 
designated by the Tribal Council.
    (i) The license shall at all times be posted in a prominent, 
noticeable place on the premises where alcoholic beverages are to be 
sold.
    (j) All acts and transactions executed under authority of the 
tribal alcoholic beverage license shall be in conformity with this 
Ordinance, the terms of the Tribal license, and the laws of the State 
of Louisiana.

Section 10. 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 a 
tribal alcoholic beverage license give rise to a presumption of legal 
entitlement to the granting of such license for a subsequent time 
period.

Section 11. Assignment or Transfer

    No tribal license issued under this Ordinance shall be assigned or 
transferred without the written approval of the Tribal Council 
expressed by formal resolution.

Section 12. Revocation and Suspension

    Any license issued hereunder may be suspended or revoked by the 
Tribal Council for the breach of any of the provisions of this 
Ordinance or of the tribal license upon hearing before the Tribal 
Council after 10 days' notice to the licensee. The decision of the 
Tribal Council shall be final.

Section 13. Assignment of Authority of Tribal Council

    The Tribal Council may, at its discretion, assign part or all of 
its hearing and licensing authority under this Ordinance by formal 
resolution.

Section 14. Severability

    If a court of competent jurisdiction invalidates any part of this 
Ordinance, all valid parts that are severable from the invalid part 
shall remain in effect. If a part of this Ordinance is invalid in one 
or more of its applications, that part shall remain in effect in all 
valid applications that are severable from the invalid applications.

Section 15. Sovereign Immunity

    Nothing contained in this Ordinance is intended to nor does in any 
way limit, alter, restrict, or waive the Tribe's sovereign immunity.

Section 16. Effective Date

    This Ordinance shall be effective on the date that the Secretary of 
the Interior certifies this Ordinance and it is published in the 
Federal Register.

[FR Doc. 2012-4029 Filed 2-21-12; 8:45 am]
BILLING CODE 4310-4J-P