Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17779 

www.regulations.gov), your entire 

submission—including any personal 

identifying information—will be posted 

on the Web site. 

If your submission is made via a 

hardcopy that includes personal 

identifying information, you may 

request at the top of your document that 

we withhold this information from 

public review. However, we cannot 

guarantee that we will be able to do so. 

We will post all hardcopy submissions 

at http://www.regulations.gov. 

Reviewing Public Comments 

Comments and materials we receive 

will be available for public inspection at 

http://www.regulations.gov. 

Alternatively, you may view them by 

appointment during normal business 

hours at 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. Please contact 

Mr. London (see FOR FURTHER

INFORMATION CONTACT). 

Obtaining Meeting Minutes 

Summary minutes of the meeting will 

be available on the Council Web site at 

http://www.fws.gov/international/

advisory-council-wildlife-trafficking/, as 

well as at http://www.regulations.gov. 

Alternatively, you may view them by 

appointment during normal business 

hours at 5275 Leesburg Pike, Falls 

Church, VA 22041–3803. Please contact 

Mr. London (see FOR FURTHER

INFORMATION CONTACT). 

Gloria Bell, 

Deputy Assistant Director, International 

Affairs, U.S. Fish and Wildlife Service. 

[FR Doc. 2015–07546 Filed 4–1–15; 8:45 am] 

BILLING CODE CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[145A21000DDAAK3000000/

ADT00000.00000] 

Little Traverse Bay Bands of Odawa 

Indians Liquor Control Statute 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Little Traverse Bay Bands of Odawa 

Indians Liquor Control Statute. The 

Statute establishes a Liquor and 

Tobacco Licensing Board to regulate and 

control the possession, sale, and 

consumption of liquor and tobacco 

within the jurisdiction of the Little 

Traverse Bay Bands of Odawa Indians. 

The Statute consists of two chapters: 

Waganakising Odawak Statute 2009–019 

(Liquor and Tobacco Licensing Board 

Statute) and Waganakising Odawak 

Statute 2014–006 (Liquor and Tobacco 

License Violations Statute). The Statute 

repeals and replaces the previous liquor 

control ordinance published in the 

Federal Register on December 14, 1999 

(64 FR 69780), and any and all previous 

Statutes. 

DATES: This ordinance shall become 

effective 30 days after April 2, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Christensen, Tribal Operations 

Officer, Midwest Regional Office, 

Bureau of Indian Affairs, 5600 West 

American Blvd., Suite 500, 

Bloomington, Minnesota 55437, 

Telephone: (612) 725–4554; Fax: (612) 

713–4401, or Ms. Laurel Iron Cloud, 

Bureau of Indian Affairs, Office of 

Indian Services, 1849 C Street NW., 

MS–4513–MIB, Washington, DC 20240; 

Telephone: (202) 513–7641. 

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 Little Traverse Bay Bands of Odawa 

Indians duly adopted Waganakising 

Odawak Statute 2009–019 (Liquor and 

Tobacco Licensing Board Statute) on 

July 26, 2009, and Waganakising 

Odawak Statute 2014–006 (Liquor and 

Tobacco License Violations Statute) on 

June 8, 2014. Together, the Statutes 

repeal and replace the previous liquor 

control ordinance published in the 

Federal Register on December 14, 1999 

(64 FR 69780). 

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 Little Traverse Bay 

Bands of Odawa Indians duly adopted 

Statute Waganakising Odawak Statute 

2009–019 (Liquor and Tobacco 

Licensing Board Statute) on July 26, 

2009, and Waganakising Odawak 

Statute 2014–006 (Liquor and Tobacco 

License Violations Statute) on June 8, 

2014. 

Dated: March 26, 2015. 

Kevin K. Washburn, 

Assistant Secretary—Indian Affairs. 

Chapter 27. Liquor and Tobacco 

Licensing Board Statute 

6.2701 Short Title 

This Statute may be cited as the 

‘‘Licensing Board.’’ 

(Source: WOS 2009–019, July 26, 2009, 

Section I) 

6.2702 Purpose 

The purpose of this Statute is to 

provide for the establishment of the 

Liquor and Tobacco Licensing Board 

that issues, renews and regulates liquor 

and tobacco licenses and permits in 

order to protect the rights and interest 

of Tribal Citizens. 

(Source: WOS 2009–019, July 26, 2009, 

Section II) 

6.2703 Definitions 

The following definitions apply in 

this Statute: 

A. ‘‘Alcoholic Liquor’’ means the four 

varieties of liquor (alcohol, spirits, wine 

and beer) and all fermented, spirituous, 

vinous, or malt liquor, or combinations 

thereof, and mixed liquor, a part of 

which is fermented, spirituous, vinous 

or malt liquor, or otherwise intoxicating; 

and every liquor or solid or semi-solid 

or other substance, patented or not, 

containing alcohol, spirits, wine or beer, 

and all drinks or drinkable liquids and 

all preparations or mixtures capable of 

human consumption, and any liquid, 

semi-solid, solid, or other substance, 

which contains more than one percent 

of alcohol by weight shall be 

conclusively deemed to be intoxicating. 

B. ‘‘Board’’ means the Liquor and 

Tobacco Licensing Board. 

C. ‘‘Cigarette’’ means any roll for 

smoking, made wholly or in part of 

tobacco, irrespective of size or shape 

and irrespective of whether the tobacco 

is flavored, adulterated or mixed with 

any other ingredient, where such roll 

has a wrapper or cover made of paper 

or any material, except where such 

wrapper is wholly or in the greater part 

made of natural leaf tobacco in its 

natural state. 

D. ‘‘Licensee’’ means any person or 

entity, including any employee or agent 

of the Licensee, licensed by the Tribe to 

sell alcohol or tobacco on Tribal trust 

lands. 

E. ‘‘LTBB’’ or ‘‘Tribe’’ means the 

Waganakising Odawak Nation, also 

known as the Little Traverse Bay Bands 

of Odawa Indians. 

F. ‘‘Person’’ or ‘‘Entity’’ means any 

individual, firm, partnership, copartnership, joint venture, association, 

social club, fraternal organization, 

corporation, estate, trust, receiver, 

trustee, syndicate or any other group or 

combination acting as a unit. 

G. ‘‘Tobacco Products’’ means all 

forms of tobacco prepared in such a 

manner as to be suitable for chewing or 

smoking including cigarettes, cigars, 

smoking tobacco, snuff, and chewing 

tobacco. 


tkelley on DSK3SPTVN1PROD with NOTICES
17780 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 

H. ‘‘Tribal Court’’ means the Little 

Traverse Bay Bands of Odawa Tribal 

Court. 

(Source: WOS 2009–019, July 26, 2009, 

Section III) 

6.2704 Liquor and Tobacco Licenses 

A. Any person or entity that shall 

engage in the sale of alcohol or tobacco 

within the jurisdiction of the Tribe shall 

first obtain a license for such sale, 

provided that any person or entity 

engaging in such sales prior to the 

adoption of this Statute shall obtain a 

license within sixty (60) days from the 

enactment of this Statute. 

B. A license shall be valid for a period 

of one (1) year from the date of its 

issuance and shall expire automatically 

without notice on the expiration date 

stated in the license. 

C. No license shall be transferable. 

D. Temporary licenses for a limited 

time-frame and purpose may also be 

available. 

(Source: WOS 2009–019, July 26, 2009, 

Section IV) 

6.2705 Liquor and Tobacco Licensing 

Board 

A. The Liquor and Tobacco Licensing 

Board (‘‘Board’’) is hereby created 

within the Executive Branch to carry out 

the purposes stated in this Statute, and 

each annual budget submitted by the 

Executive shall include funding for the 

Board’s operation subject to funding 

availability. 

B. The Board shall adopt policies and 

regulations to carry out its duties under 

this Statute, subject to Tribal Council 

approval. General application of 

Commission, Board, and Committee 

Statutes shall not apply to this board 

unless designated otherwise. 

C. The Board shall meet once a year 

in regular meetings and additionally if 

necessary within 15 days of receiving 

any request for action by the Board. 

D. Appointments, Term, Nepotism, 

and Conflict. 

1. The Board shall consist of three (3) 

members nominated by the Executive 

and confirmed by the Tribal Council. To 

be eligible for appointment a person 

must be a Tribal Citizen who is at least 

eighteen (18) years of age and is familiar 

with all Tribal liquor and tobacco laws, 

regulations, policies, and procedures. 

One Board member will have at least 

two years experience in law 

enforcement, legal, or judiciary. The 

Board members shall serve three-year 

terms with initial appointments being 

one member for one year, a second 

member for two years, and a third for 

three years to provide for staggered 

terms. 

2. Tribal employees may serve on the 

Board and may be compensated by 

stipend if the Board is not directly 

related to their employment, does not 

interfere with their work, and does not 

meet during scheduled work hours. If a 

Board meets during scheduled working 

hours and the staff member wishes to 

attend, the staff member must utilize 

PTO (personal time off), or flextime 

upon prior approval of the individual’s 

supervisor. 

3. Two or more members of the same 

immediate family as defined in the 

Constitution shall not serve on the 

Board at the same time. 

4. No Board member may participate 

in making any decision that involves a 

personal or financial interest of the 

Board or a member of his or her 

immediate family unless such interest is 

held in common with the Tribe and its 

Citizens. 

E. Open Meetings and Records 

1. Board meetings shall be open to 

LTBB Citizens. 

2. Board records shall be open to 

LTBB Citizens. 

3. The Board must provide notice of 

meetings at least five days in advance of 

the meeting. 

F. Compensation and Stipends 

1. Board members who attend any 

meeting or hearing directly related to 

their duties or attend any event where 

their attendance is required may be 

compensated for attendance so long as 

there are funds available in the Board’s 

budget. 

2. Board members shall receive a 

stipend for attendance at Board 

meetings subject to the availability of 

funds. 

3. Any Board member who attends a 

properly noticed meeting shall be 

eligible for a stipend, mileage, and 

expenses, even if no official action can 

be taken due to lack of a quorum. 

(Source: WOS 2009–019, July 26, 2009, 

Section V) 

6.2706 Authority 

A. The Board shall hear and decide 

the granting, denial, or renewal of 

licenses and permits. 

B. The Board shall hear and decide on 

the suspension or revocation of a license 

based on citations of violations. 

C. The Board shall hear and decide 

appeals on the issuance of citations. 

D. The Board may hire inspectors or 

investigators provided funding 

availability. 

(Source: WOS 2009–019, July 26, 2009, 

Section VII) 

6.2707 Appeals of Citations to the 

Board 

A. Any party who has received an 

issuance of citations and disagrees with 

the citation may appeal to the Board. 

1. An appeal of a citation must be 

filed within fourteen (14) days of the 

issuance of the citation. The party must 

file a written appeal to the Board 

including at a minimum: 

a. A clear and concise statement of the 

reason(s) the appellant believes the 

decision should be overturned by the 

Board; and 

b. The relief requested from the 

Board. 

B. The aggrieved party must be given 

an effective opportunity to defend 

themselves by confronting any adverse 

witnesses and by being allowed to 

present witnesses, evidence and 

arguments. 

C. The Board shall hear the appeal 

within fifteen (15) calendar days of 

filing, either during a regular meeting or 

special meeting called for that purpose, 

and issue its written ruling within ten 

(10) days of such hearing. 

(Source: WOS 2009–019, July 26, 2009, 

Section VIII) 

6.2708 Judicial Review 

A. Decisions of the Board may be 

appealed to the Tribal Court by filing a 

written appeal with the Court within ten 

(10) days of the Board’s ruling. The 

Court shall uphold the decision of the 

Board unless the Court determines that 

the Board’s decision is clearly arbitrary, 

capricious, or otherwise not in 

accordance with applicable law or 

regulations. 

B. The Tribal Council expressly 

waives the sovereign immunity of the 

Tribe and its agents for the limited 

purpose of reviewing the decisions of 

the Board under the standards set forth 

in Section VI.A and allowing for the 

remedies set forth in Section VI.C. 

C. In the event the Court finds the 

Board’s decision to be clearly arbitrary, 

capricious, or otherwise not in 

accordance with applicable law or 

regulations, it shall enter an equitable 

order overturning the Board’s action, 

but shall not award monetary damages. 

(Source: WOS 2009–019, July 26, 2009, 

Section IX) 

6.2709 Sovereign Immunity 

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 clearly and expressly waived 

by Tribe Council. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17781 

(Source: WOS 2009–019, July 26, 2009, 

Section X) 

6.2710 Regulations 

The Executive may develop 

Regulations as it deems necessary for 

the implementation of the intent of this 

Statute and shall forward such 

Regulations to the Tribal Council for 

approval. 

(Source: WOS 2009–019, July 26, 2009, 

Section XI) 

6.2711 Savings Clause 

In the event that any section, 

subsection, or phrase of this Statute is 

found by a court of competent 

jurisdiction to violate the Constitution 

or laws of the Little Traverse Bay Bands 

of Odawa Indians, such part 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 so long 

as the overall intent of the Statute 

remains intact. 

(Source: WOS 2009–019, July 26, 2009, 

Section XII) 

6.2712 Effective Date 

Effective upon the signature of the 

Executive, or 30 days from submission 

to the Executive branch, or if the 

Executive vetoes the legislation, then 

upon Tribal Council override of the 

veto. 

(Source: WOS 2009–019, July 26, 2009, 

Section XIII) 

Waganakising Odawak Statute 2014–006 

Liquor and Tobacco License Violations 

Statute 

Section I. Short Title 

This Statute may be cited as the 

‘‘License Violation Statute.’’ This 

Statute repeals and replaces 

Waganakising Odawak Statute 1999–008 

and previous Statute WOS 1997–021, 

and any and all previous Statutes. 

Section II. Purpose 

The purpose of this Statute is to 

provide for violations of Liquor and 

Tobacco Licenses issued by the Liquor 

and Tobacco Licensing Board that may 

impair the issuance or renewal of a 

liquor or tobacco license or may cause 

such licenses to be suspended or 

revoked in order to protect the rights 

and interest of the Tribe and Tribal 

Citizens. 

Section III. Authority 

Tribal Council has the power and 

authority to regulate the liquor and 

tobacco sales and violations as set forth 

in this Statute in accordance with the 

Constitution, Article VII D (1), D (16), D 

(19), and D (24). 

Section IV. Definitions 

The following definitions apply in 

this Statute: 

A. ‘‘Alcoholic Liquor’’ means the four 

varieties of liquor (alcohol, spirits, wine, 

and beer) and all fermented, spirituous, 

vinous, or malt liquor, or combinations 

thereof, and mixed liquor, a part of 

which is fermented, spirituous, vinous 

or malt liquor, or otherwise intoxicating; 

and every liquor or solid or semi-solid 

or other substance, patented or not, 

containing alcohol, spirits, wine or beer, 

and all drinks or drinkable liquids and 

all preparations or mixtures capable of 

human consumption, and any liquid, 

semi-solid, solid, or other substance that 

contains more than one percent of 

alcohol by weight shall be conclusively 

deemed to be intoxicating. 

B. ‘‘Board’’ means the Liquor and 

Tobacco Licensing Board. 

C. ‘‘Cigarette’’ means any roll for 

smoking, made wholly or in part of 

tobacco, irrespective of size or shape 

and irrespective of whether the tobacco 

is flavored, adulterated or mixed with 

any other ingredient, where such roll 

has a wrapper or cover made of paper 

or any material, except where such 

wrapper is wholly or in the greater part 

made of natural leaf tobacco in its 

natural state. 

D. ‘‘Licensee’’ means any person or 

entity, includes any employee or agent 

of the Licensee, licensed by the Tribe to 

sell alcohol or tobacco on Tribal trust 

lands. 

E. ‘‘LTBB’’ or ‘‘Tribe’’ means the 

Waganakising Odawak Nation, also 

known as the Little Traverse Bay Bands 

of Odawa Indians. 

F. ‘‘Person’’ or ‘‘Entity’’ means any 

individual, firm, partnership, copartnership, joint venture, association, 

social club, fraternal organization, 

corporation, estate, trust, receiver, 

trustee, syndicate or any other group or 

combination acting as a unit. 

G. ‘‘Tobacco Products’’ means all 

forms of tobacco prepared in such a 

manner as to be suitable for chewing or 

smoking including cigarettes, cigars, 

smoking tobacco, snuff, and chewing 

tobacco. 

H. ‘‘Tribal Court’’ means the Little 

Traverse Bay Bands of Odawa Tribal 

Court. 

Section V. Liquor and Tobacco 

Licensing Board 

The Liquor and Tobacco Licensing 

Board established by WAGANAKISING 

STATUTE, LIQUOR AND TOBACCO 

LICENSING BOARD STATUTE, is an 

Executive Board and is authorized to 

implement this statute, as may be 

amended. 

Section VI. Liquor Violations 

Citations may be issued for the 

violations of the following: 

A. Under the age of Twenty-One (21). 

1. A licensee shall not directly, 

individually, or by a clerk, agent, or 

servant knowingly sell, furnish, or give 

alcoholic liquor to a person under the 

age of twenty-one (21) or fail to make 

diligent inquiry as to whether the 

person is of age. 

2. A licensee shall not allow any 

person who is less than eighteen (18) 

years of age to sell or serve alcoholic 

liquor. 

B. Intoxicated Persons. 

1. A licensee shall not directly or 

indirectly, individually or by a clerk, 

agent, or servant sell, furnish, or give 

alcoholic liquor to a person who is 

visibly intoxicated. 

2. A licensee shall not allow an 

intoxicated person to consume alcoholic 

liquor on the licensed premises. 

C. Hours of Sales. 

1. A licensee shall not sell at retail, 

give away, or furnish alcoholic liquor 

between the following hours: 2 a.m. and 

7 a.m. of any day. 

2. Variations: 

The except as modified by an 

intergovernmental agreement that may 

apply to a specific Tribal enterprise and 

4 a.m. and 7 a.m. on January 1 (New 

Year’s Day). 

D. Extended Hours. 

An extended hour(s) permit is 

required for an on-premises licensee to 

allow for the sale or consumption of 

alcoholic liquor at any time other than 

the legal hours for the sale and 

consumption of alcoholic liquor. 

E. Sale of Adulterated or Mislabeled 

Liquor. 

1. A licensee by himself or by his 

agent or employee, shall not sell, offer 

for sale, or possess any alcoholic liquor 

that is adulterated or misbranded or any 

alcoholic liquor in bottles that have 

been refilled. 

2. 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. 

3. 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. 

F. Premises. 

1. A Licensee shall not allow 

alcoholic liquor sold for on-premises 


tkelley on DSK3SPTVN1PROD with NOTICES
17782 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 

consumption to be removed from 

premises. 

2. A Licensee that sells wine on the 

premises may allow an individual who 

has purchased a meal and who has 

purchased and partially consumed a 

bottle of wine with the meal, to remove 

the partially consumed bottle from the 

premises upon departure, provided that 

the licensee or the licensee’s clerk, 

agent, or employee shall reinsert a cork 

so that the top of the cork is level with 

the lip of the bottle. 

3. This section does not allow for the 

removal of any additional unopened 

bottles of wine unless the licensee is 

licensed to conduct off premises sales. 

4. This section does not prevent a 

hotel from allowing its invitees or guests 

to possess or consume, or both, on or 

about its premises, alcoholic liquor 

purchased by the invitee or guest from 

an off-premises retailer, and does not 

prevent a guest or invitee from entering 

and exiting the licensed premises with 

alcoholic liquor purchased from an offpremises retailer. 

5. An off-premise licensee who is not 

licensed as an on-premise licensee shall 

not have open containers of alcoholic 

liquor on the premises. 

6. An off-premise licensee who is not 

licensed as an on-premise licensee shall 

not allow the consumption of alcoholic 

liquor on the licensed premises, except 

as allowed in G (2). 

7. An off-premise licensee shall not 

give bottle or can openers to purchasers 

and shall not open bottles or cans of 

alcoholic liquor for purchasers on the 

licensed premises. 

8. An off-premise licensee shall not 

knowingly allow a person to consume 

alcoholic liquor on property owned, 

leased, or possessed by the licensee 

adjacent to the licensed premises. 

G. Giving Away Alcoholic Liquor 

1. A Licensee shall not give away any 

alcoholic liquor of any kind or 

description at any time in connection 

with his or her business, except 

manufacturers for consumption on the 

premises only. 

2. Exceptions: 

a. If the licensee is a hotel, the 

licensee may give away alcoholic liquor 

to an invitee or guest in connection with 

a business event or as a part of a room 

special or promotion for overnight 

accommodations. 

b. Licensee may allow samplings or 

tastings of any alcoholic liquor for 

which monetary gain or other 

remuneration could reasonably be 

expected. 

c. Tasting of alcoholic liquor as part 

of a bona fide market research 

organization that is conducted for a 

product before it is approved for sale. 

d. Licensee may allow giving a 

sampling or tasting of alcoholic liquor to 

an employee of the licensee during the 

legal hours for consumption for the 

purpose of educating the employee 

regarding 1 or more types of alcoholic 

liquor so long as the employee is at least 

21 years of age. 

H. Quantity of Alcohol. 

1. An on-premise licensee shall not 

sell, offer to sell, or advertise the sale of, 

an unlimited quantity of alcoholic 

liquor at a specific price. 

2. No licensee shall sell, offer to sell, 

or advertise the sale of, two or more 

identical drinks containing alcoholic 

liquor to a person for their consumption 

for one price. When two or more 

identical drinks containing alcoholic 

liquor are served to a person at one 

time, the price charged for the second 

drink shall be the same price as for the 

first drink. 

I. Prizes, alcohol use. 

A licensee shall not participate in or 

sponsor any contest that requires the 

use or consumption of alcoholic liquor 

or features alcoholic liquor as a prize in 

connection with a contest. Sponsored 

events that involve the purchase of 

alcoholic liquor for eligibility are 

exempt. 

J. Controlled Substances/Drug 

Paraphernalia. 

A licensee shall not allow the sale, 

possession, or consumption on the 

licensed premises of any controlled 

substances that are prohibited by Tribal, 

State of Michigan or Federal Law. 

K. Fights and Weapons. 

1. A licensee shall not allow fights on 

or in the licensed premises, other than 

promotional events such as boxing, cage 

fights, etc. Nor shall a licensee, or the 

clerk, servant, agent, or employee of the 

licensee, allow, on the licensed 

premises, the annoying or molesting of 

customers or employees by other 

customers or employees. 

2. A licensee shall not allow the 

unlawful possession or use of firearms, 

knives, or other weapons on the 

premises. 

L. Improper or No Display of Liquor 

License/Permits. 

Licenses issued by the commission 

shall be signed by the licensee, shall be 

framed under transparent material, and 

shall be prominently displayed in the 

licensed premises. 

M. Suspension of License. 

1. A licensee shall not sell, offer for 

sale, furnish, consume, or allow the 

consumption of, alcoholic liquor on the 

licensed premises during the period that 

the license is suspended by the Board. 

2. During the time of suspension of a 

license by the Board, the notice of the 

suspension shall be continuously posted 

in a conspicuous place on the licensed 

premises in full view of the public. 

N. Cooperation with Officers. 

A licensee, or clerk, servant, agent or 

employee of the licensee, shall not 

hinder or obstruct a law enforcement 

officer, commission inspector, or 

investigator in the course of 

investigating or inspecting the premises 

and shall not refuse, fail, or neglect to 

cooperate with a law enforcement 

officer, commission, inspector or 

investigator in the performance of his or 

her duties to enforce the act or 

commission rules. 

Section VII. Tobacco Violations 

A. Prohibited Places. Smoking or 

carrying lighted tobacco in any form is 

prohibited in the following areas: 

1. Public areas designated as ‘‘nonsmoking’’. 

2. Passenger elevators. 

3. Tribal Governmental Buildings. 

4. School Buildings. 

5. Child Care Centers. Smoking is 

permitted on these premises during the 

time these facilities are not in operation, 

but the operator of the facility must 

inform parents or guardians that 

smoking on the premises may occur 

during these times. 

6. Health Facilities. Smoking is 

prohibited in the common and 

treatment areas of health facilities, 

including hospitals, health clinics, and 

doctors’ offices. Patients may be 

permitted to smoke if the medical staff 

determines that this prohibition would 

be detrimental to treatment. Smoking 

areas provided in these cases must be 

separately ventilated to ensure that 

there is a smoke-free environment in 

other patient care and common areas. 

7. Licensed Nursing Homes and 

Licensed Homes for the Aged. Licensed 

nursing homes and licensed homes for 

the aged must adopt a policy that 

regulates smoking to provide patients 

with the option of non-smoking rooms, 

and restrict patient smoking to private 

or semiprivate rooms or designated 

smoking areas. Visitors and staff are 

permitted to smoke in designated 

smoking areas only. Tobacco sales are 

prohibited in nursing homes, except as 

provided for by owners. Notices must be 

posted for smoking and non-smoking 

areas. 

8. Restaurants. Food service 

establishments seating fifty (50) or more 

persons must reserve a seating area for 

a nonsmoking section. All food service 

establishments seating fewer than fifty 

(50) people are not required to provide 

for a non-smoking section. Public areas 

in restaurants must be smoke-free. 

These areas include, but are not limited 

to, restrooms, coatrooms, and entrances. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17783 

Public areas do not include lobbies, 

waiting rooms, hallways, or lounges. 

B. Under the Age of Eighteen (18). 

1. A person shall not sell or furnish 

any tobacco product to a person less 

than eighteen (18) years of age. 

2. It is an affirmative defense that the 

defendant had, and continues to have in 

force, a written policy to prevent the 

sale of tobacco products to minors and 

enforces said policy. 

3. This does not apply to the handling 

or transportation of a tobacco product 

by a person under the age of eighteen 

(18) under the terms of employment. 

4. This does not interfere with the 

right of a parent or legal guardian in the 

rearing and management of their minor 

children within the bounds of their 

private premises. 

C. Sign Posting. A person who sells 

tobacco products at retail shall post, in 

a place close to the point of sale, 

conspicuous to both employees and 

customers, a sign produced by the 

Department of Community Health that 

states: ‘‘THE PURCHASE OF TOBACCO 

PRODUCTS BY A MINOR UNDER 18 

YEARS OF AGE AND PROVISION OF 

TOBACCO PRODUCTS TO A MINOR 

ARE PROHIBITED BY LAW. A MINOR 

UNLAWFULLY PURCHASING OR 

USING TOBACCO PRODUCTS IS 

SUBJECT TO PENALTIES.’’ 

D. Internet Sales. All sales conducted 

through the Internet, by telephone, or in 

a mail-order transaction shall be 

prohibited. 

E. Single Cigarettes. A person who 

sells tobacco products at retail shall not 

sell a cigarette separately from its 

package. This does not apply to tobacco 

specialty stores or other retail stores that 

deal exclusively in the sale of tobacco 

products and smoking paraphernalia. 

F. Vending Machines Placement. 

Vending machines are restricted to areas 

that are not easily accessible to persons 

under the age of eighteen (18) and are 

within the direct visual supervision of 

an adult. 

G. Improper or no display of license/ 

permits 

Licenses issued by the commission 

shall be signed by the licensee, shall be 

framed under transparent material, and 

shall be prominently displayed in the 

licensed premises. 

H. Suspension of License. 

1. A licensee shall not sell, offer for 

sale, or furnish, tobacco on the licensed 

premises during the period that the 

license is suspended by the Board. 

2. During the time of suspension of a 

license by the Board, the notice of the 

suspension shall be continuously posted 

in a conspicuous place on the licensed 

premises in full view of the public. 

I. Cooperation with Officers. 

A licensee, clerk, servant, agent, or 

employee of the licensee shall not 

hinder or obstruct a law enforcement 

officer, commission inspector, or 

investigator in the course of 

investigating or inspecting the premises 

and shall not refuse, fail, or neglect to 

cooperate with a law enforcement 

officer, commission inspector or 

investigator in the performance of his or 

her duties to enforce the act or 

commission rules. 

Section VIII. Religious Freedom 

Nothing in this Statute shall prohibit 

American Indians from practicing any 

recognized religious ceremony, ritual, or 

activity in accordance with their 

Religious Freedom. 

Section IX. Marketing 

A licensee shall not intentionally 

market for profit tobacco or tobacco 

products to persons under the age of 

eighteen (18). 

Section X. Application of State Law 

Per the United States Code, 18 U.S.C. 

1161, all acts or transactions regarding 

liquor control shall conform to this 

Statute or the laws of Michigan, 

whichever is more stringent. Nothing in 

this section or Statute is intended to 

allow the State of Michigan to exercise 

any jurisdiction over the Tribe, its 

members, or any persons or transactions 

within jurisdiction of the Tribe. Nothing 

in this section or statute is intended to 

in any way waive or limit the sovereign 

immunity of the Tribe. 

Section XI. Enforcement 

A. The Tribal Law Enforcement 

Department is authorized to issue 

citations for violations of this Statute. 

B. Any inspectors and/or investigators 

hired by the Board are authorized to 

issue citations of violations of this 

Statute. 

Section XII. Savings Clause 

In the event that any section, 

subsection or phrase of this Statute is 

found by a court of competent 

jurisdiction to violate the Constitution 

or laws of the Little Traverse Bay Bands 

of Odawa Indians, such part 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 so long 

as the overall intent of the Statute 

remains intact. 

Section XIII. Effective Date 

Effective upon the signature of the 

Executive, or 30 days from submission 

to the Executive branch, or if the 

Executive vetoes the legislation, then 

upon Tribal Council override of the 

veto. 

[FR Doc. 2015–07614 Filed 4–1–15; 8:45 am] 

BILLING CODE CODE 4337–15–P 

DEPARTMENT OF JUSTICE 

Antitrust Division 

Notice Pursuant to the National 

Cooperative Research and Production 

Act of 1993—3d Pdf Consortium, Inc. 

Notice is hereby given that, on 

February 23, 2015, pursuant to Section 

6(a) of the National Cooperative 

Research and Production Act of 1993, 

15 U.S.C. 4301 et seq. (‘‘the Act’’), 3D 

PDF Consortium, Inc. (‘‘3D PDF’’) has 

filed written notifications 

simultaneously with the Attorney 

General and the Federal Trade 

Commission disclosing changes in its 

membership. The notifications were 

filed for the purpose of extending the 

Act’s provisions limiting the recovery of 

antitrust plaintiffs to actual damages 

under specified circumstances. 

Specifically, Leslie Miller (individual 

member), Greenville, SC; and Olivier 

Rigolett (individual member), Lyon, 

FRANCE, have been added as parties to 

this venture. 

No other changes have been made in 

either the membership or planned 

activity of the group research project. 

Membership in this group research 

project remains open, and 3D PDF 

intends to file additional written 

notifications disclosing all changes in 

membership. 

On March 27, 2012, 3D PDF filed its 

original notification pursuant to Section 

6(a) of the Act. The Department of 

Justice published a notice in the Federal 

Register pursuant to Section 6(b) of the 

Act on April 20, 2012 (77 FR 23754). 

The last notification was filed with 

the Department on December 4, 2014. A 

notice was published in the Federal 

Register pursuant to Section 6(b) of the 

Act on January 5, 2015 (80 FR 260). 

Patricia A. Brink, 

Director of Civil Enforcement, Antitrust 

Division. 

[FR Doc. 2015–07529 Filed 4–1–15; 8:45 am] 

BILLING CODE CODE P 


tkelley on DSK3SPTVN1PROD with NOTICES