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[Federal Register Volume 89, Number 222 (Monday, November 18, 2024)]
[Notices]
[Pages 90730-90733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26812]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[256A2100DD/AAKC001030/A0A501010.999900]

Prairie Island Indian Community; Amendments to Liquor Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes amendments to the Prairie Island Indian 
Community's Liquor Control Ordinance. This Ordinance amends and 
supersedes the existing Prairie Island Mdewakanton Dakota Community 
Liquor Control Ordinance, adopted on July 10, 1992, by Resolution 
Number 92-84; and amended on October 14, 1992, by Resolution Number 92-
118.

DATES: This ordinance shall become effective December 18, 2024.

FOR FURTHER INFORMATION CONTACT: Sherrel LaPointe, Tribal Operations 
Officer, Midwest Regional Office, Bureau of Indian Affairs, 5600 
American Boulevard West, Suite 500, Bloomington, Minnesota 55437, 
Telephone: (612) 725-4500, Fax: (612) 713-4401.

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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. On August 9, 2023, the Prairie 
Island Indian Community Council adopted the amendments to the 
Community's Liquor Control Ordinance by Resolution Numbers 23-8-9-150. 
This Federal Register Notice comprehensively amends and supersedes the 
existing

[[Page 90731]]

Prairie Island Indian Community Liquor Control Ordinance which was 
published in the Federal Register on December 1, 1992 (57 FR 56960).
    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 Prairie Island Indian Community Tribal 
Council duly adopted these amendments to the Prairie Island Indian 
Community Liquor Control Ordinance on August 9, 2023.

Bryan Newland,
Assistant Secretary-Indian Affairs.

    The Prairie Island Indian Community's Liquor Control Ordinance, as 
amended, shall read as follows:

Prairie Island Indian Community

Liquor Control Ordinance

    Section 1. Short Title. This Ordinance shall be known and may be 
cited as the Prairie Island Indian Community Liquor Control Ordinance.
    Section 2. Statement of Purpose, Findings, and Authority.
    a. Purpose. It is the Community's policy to ensure that any 
transaction, importation, sale, or consumption involving an alcoholic 
beverage, while within the Tribe's jurisdiction, shall occur in strict 
compliance with this Ordinance, the laws of the United States and the 
State of Minnesota.
    b. Findings. [reserved].
    c. Authority. This Ordinance is an exercise of the inherent 
sovereignty of the Community and shall be deemed an exercise of the 
Community Council's power to protect the welfare, health, peace, 
morals, and safety of the people of the Community.
    Section 3. Definitions.
    a. ``Community'' means the Prairie Island Indian Community in the 
State of Minnesota, a federally recognized Indian Tribe.
    b. ``Community Council'' means the constitutionally authorized 
governing body of the Community.
    c. ``Alcoholic beverage'' means any intoxicating liquor, low point 
beer, or any wine, as defined under the provisions of this Ordinance.
    d. ``Application'' means a formal written request for the issuance 
of a license supported by a verified statement of facts.
    e. ``Community'' means the Prairie Island Indian Community in the 
State of Minnesota, a federally recognized Indian Tribe.
    f. ``Community Council'' means the constitutionally authorized 
governing body of the Community.
    g. ``Establishment'' means any liquor store or any on- or off-sale 
dealer.
    h. ``High point beer'' means any beer having an alcoholic content 
in excess of three and two-tenths per centum (3.2%) of weight.
    i. ``Intoxicating liquor'' means any liquid either commonly used, 
or reasonably adapted to use, for beverages purposes containing in 
excess of three and two-tenths per centum (3.2%) of alcohol by weight. 
This shall include any type of wine, regardless of alcoholic content.
    j. ``Legal age'' means the age requirements as defined in Section 
16.
    k. ``Liquor store'' means any store, established by the Community 
or licensed individual or entity, for the sale of alcoholic beverages.
    l. ``Low point beer'' means any liquid either commonly used, or 
reasonably adapted to use, for beverage purposes, and which is produced 
wholly or in part from brewing of any grain or grains, malt substitute, 
and which contains any alcohol whatsoever, but no more than three and 
two-tenths per centum (3.2%) of alcohol by weight.
    m. ``Off-sale'' means the sale of any alcoholic beverages for 
consumption off the premises where sold.
    n. ``On-sale dealer'' means the Community or licensed individual or 
entity that sells, or keeps for sale any alcoholic beverage authorized 
under this Ordinance for consumption on the premises where sold.
    o. ``On-sale'' means the sale of any alcoholic beverage for 
consumption only upon the premises where sold.
    p. ``Reservation'' means all territory subject to the Community's 
jurisdiction.
    q. ``Sale'' means the transfer of any bagged, bottled, boxed, 
canned or kegged alcoholic beverage, or the serving of any contents of 
any bagged, bottled, boxed, canned or kegged alcoholic beverage for a 
consideration of currency exchange.
    r. ``Transaction'' means any transfer of any bagged, bottled, 
boxed, canned, or kegged alcoholic beverage, or the transfer of any 
contents of any bagged, bottled, boxed, canned or kegged alcoholic 
beverage from any liquor store, on-sale dealer or vendor to any person.
    s. ``Vendor'' means any person employed or under the supervision by 
and of a liquor store or on-sale dealer who conducts sales or 
transactions involving alcoholic beverages.
    t. ``Wine'' means any beverage containing alcohol obtained by the 
fermentation of the natural sugar contents of fruits or other 
agricultural products, and containing not more than seventeen percent 
(17%) of alcohol by weight, including sweet wines, fortified with wine 
spirits, such as port, sherry, muscatel, and angelica.
    Section 4. Applicability. [reserved]
    Section 5. General Prohibition. It shall be unlawful to manufacture 
for sale, sell, offer, or keep for sale, possess, transport or conduct 
any transaction involving any alcoholic beverage except in compliance 
with the terms, conditions, limitations, and restrictions specified in 
this Ordinance.
    Section 6. Community Control of Alcoholic Beverages. The Council 
shall have the sole and exclusive right to authorize the importation of 
alcoholic beverages for sale or for the purpose of conducting 
transactions therewith, and no person or organization shall so import 
any such alcoholic beverage into the Reservation unless authorized by 
the Council.
    Section 7. Community Liquor Store. The Council may establish and 
maintain anywhere on the Reservation that the Council may deem 
advisable, a community liquor store or stores for storage and off-sale 
of alcoholic beverages in accordance with the provisions of this 
Ordinance. The Council may set the prices of alcoholic beverages sold.
    Section 8. Community On-Sale Dealer. The Council may establish and 
maintain anywhere on the Reservation that the Council may deem 
advisable, a community on-sale dealer or dealers for storage and on-
sale of alcoholic beverages in accordance with the provisions of this 
Ordinance. The Council may set the prices of alcoholic beverages sold.
    Section 9. State of Minnesota Licenses. The Council shall notify 
the State of Minnesota of any Community operated establishment that 
sells alcoholic beverages or conducts transactions involving alcoholic 
beverages in compliance with Minn. Stat. 340A.4055.
    Section 10. Liability Insurance. For the purpose of complying with 
18 U.S.C. 1161 and the Minnesota Liquor Act, the Council, or any entity 
licensed by the Council, shall demonstrate proof of financial 
responsibility to the State of Minnesota by obtaining the necessary 
liability insurance required by Minn. Stat. 340A.409.
    Section 11. License Restrictions, General.
    a. License Posting. A retail license to sell alcoholic beverages 
must be posted in a conspicuous place in the premises for which it is 
used.
    b. Gambling Compliance. Gambling on premises where alcoholic 
beverages are to be sold must be in compliance under the Indian Gaming 
Regulatory Act of 1988, 25 U.S.C. 2701, et. seq. and

[[Page 90732]]

Chapter 349 and 349A of the Minnesota Statutes.
    c. License Limited to Space Specified. A retail license to sell any 
alcoholic beverage is only effective for the compact and contiguous 
space specified in the approved license application.
    Section 12. License Restrictions; Intoxicating Liquor Licenses.
    a. Investigation of On-Sale Licenses. The Community Council shall 
appoint a person to cooperate with any city or county official in the 
conduct of any preliminary background and/or financial investigation 
for the purposes of complying with Minn. Stat. 304A.412. However, 
nothing in this section shall mean and be construed to be a waiver of 
the Community's sovereign immunity and shall allow any city or county 
official to conduct any investigation not specifically authorized by 
the Community Council as documented by a written resolution.
    b. Off-sale limitation. The Community shall not apply for more than 
one off-sale intoxicating liquor license.
    c. General compliance. The Community Council shall comply with all 
prohibitions as stated in Minn. Stat. 340A.412, Subd. 4.
    d. Employment of Minors. No person under 18 years of age may serve 
or sell intoxicating liquor on the Prairie Island Indian Reservation.
    Section 13. Restrictions on the Number of Intoxicating Liquor 
Licenses that May Be Issued.
    a. Referendum for Additional On-Sale Licenses. The Community 
Council may issue on-sale intoxicating liquor licenses over the number 
permitted under Section 13 when authorized by the voters of the 
Community at a general or special election.
    b. Referendum Questions. The Community Council may direct that 
either of the following questions be placed on the ballot.
    1. ``Shall the Community Council be allowed to issue `on-sale' 
licenses for the sale of intoxicating liquor at retail in excess of the 
number permitted by law?''
    2. ``Shall the Community Council be allowed to issue (a number to 
be determined by the governing body) `on-sale' licenses for the sale of 
intoxicating liquor at retail in excess of the number now permitted by 
law?''
    Section 14. Responsibility of Licensee. Every licensee is 
responsible for the conduct in the licensed establishment and any sale 
of alcoholic beverages by any employee authorized to sell alcoholic 
beverages in the establishment is the act of the licensee for the 
purposes of all provisions of this Ordinance.
    Section 15. Sales to Obviously Intoxicated Persons. No person may 
sell, give, furnish, or in any way procure for another alcoholic 
beverages for the use of an obviously intoxicated person. Nothing 
herein shall be construed as a waiver of the Community's sovereign 
immunity from suit for any violation of this section by a licensee or 
employee of a Community facility.
    Section 16. Persons Under 21 Years of Age; Restrictions.
    a. The Council shall enforce the State of Minnesota laws regarding 
restrictions on those persons under the age of 21 years in any 
Community establishment operating pursuant to the provisions of this 
Ordinance.
    b. No Community operated or licensed establishment shall sell, 
barter, furnish, give or allow to be consumed therein alcoholic 
beverages to and by a person under 21 years of age.
    c. Any Community operated or licensed establishment shall require 
proof of age for purchasing or consuming alcoholic beverages by 
requiring a valid driver's license or State of Minnesota identification 
card, or in the case of a foreign national a valid passport to be shown 
at any time deemed necessary while on the premises of a Community 
operated or licensed establishment.
    d. Any Community operated or licensed establishment shall prohibit 
all persons under the age of 21 years to enter the establishment except 
to:
    1. perform work if the person is 18, 19, or 20 years of age;
    2. consume meals while accompanied by an adult who is the legal 
guardian or parent of the person; or
    3. attend social functions that are held in a portion of the 
establishment where alcoholic beverages are not sold.
    e. No Community operated or licensed establishment shall employ any 
person under the age of 18 years to serve or sell alcoholic beverages.
    Section 17. Hours and Days of Sale.
    a. No Community operated or licensed establishment shall sell or 
furnish alcoholic beverages for on-sale purposes between 1:00 a.m. and 
8:00 a.m. on the days of Monday through Saturday, after 1:00 a.m. on 
Sundays, or otherwise not in compliance with Minn. Stat. 340A.504.
    b. No Community operated or licensed establishment shall sell or 
furnish alcoholic beverages for off-sale purposes: (1) on Sundays; (2) 
before 8:00 a.m. on Monday through Saturday; (3) after 10:00 p.m. on 
Monday through Saturday; or (4) otherwise not in compliance with Minn. 
Stat. 340A.504.
    Section 18. Sales of Ethyl and Neutral Spirits Prohibited. No 
person may sell at retail for beverage purposes ethyl alcohol or 
neutral spirits, or substitutes thereof, possessing the taste, aroma, 
and characteristics generally attributed to ethyl alcohol or neutral 
spirits. Nothing in this section prohibits the manufacture or sale of 
other products obtained by use of ethyl alcohol or neutral spirits as 
defined in U.S. Treasury Department, Bureau of Internal Revenue, 
Regulations 125, Article II, Standards of Identity for Distilled 
Spirits.
    Section 19. Power to License and Tax. The power to establish 
licenses and levy taxes under the provisions of this Ordinance is 
vested exclusively with the Council.
    Section 20. Community Liquor Licenses. The Council shall issue by 
resolution, upon proper application and Council approval, a Community 
liquor license to any establishment wishing to sell, serve, or furnish 
alcoholic beverages or conduct transactions involving alcoholic 
beverages within the boundaries of the Reservation.
    Section 21. Classes of Licenses. Classes of Community licenses 
under this Ordinance shall be as follows:
    a. Class A Off-Sale Liquor store; and
    b. Class B On-Sale Dealer
    Section 22. Community Operated Establishments. The Council shall 
issue by resolution one appropriate license to a Community operated 
establishment upon determining the site for the establishment, creating 
an operating infrastructure for the establishment and obtaining the 
appropriate licensing from the State of Minnesota.
    Section 23. No Licenses Issued. The Council shall not issue any 
licenses to any person or entity other than the Community until this 
Ordinance is properly amended to authorize the licensing of non-
Community persons or entities.
    Section 24. Display of Community License. Any establishment 
licensed pursuant to the provisions of this Ordinance shall display the 
Community license in a conspicuous place.
    Section 25. Distribution of Profits. All profits from the sale of 
alcoholic beverages on the Reservation are subject to distribution of 
the Council in accordance with its usual appropriation procedures for 
essential governmental and social services.
    Section 26. Records. [reserved]
    Section 27. Miscellaneous Provisions.
    a. Sovereign Immunity. Nothing in this Ordinance shall be construed 
as a waiver of the Prairie Island Indian Community in the State of 
Minnesota's sovereign immunity.
    b. Severability. If any provision of this Ordinance or its 
application to any

[[Page 90733]]

person or circumstance is held invalid, the remainder of this 
Ordinance, or the application of the provision to other persons or 
circumstances is not affected.
    c. Amendment or Repeal of Ordinance. This Ordinance may be amended 
or repealed only by a majority vote of the Council in regular session.

[FR Doc. 2024-26812 Filed 11-15-24; 8:45 am]
BILLING CODE 4337-15-P
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