[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17208-17210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8449]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Nottawaseppi Huron Band of the Potawatomi Indian Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Secretary's certification of the 
Nottawaseppi Huron Band of the Potawatomi Indian Liquor Ordinance. The 
Ordinance regulates and controls the possession, sale, and consumption 
of liquor within the tribal lands. The tribal lands are located in 
Indian Country and this Ordinance allows for possession and sale of 
alcoholic beverages within their boundaries. This Ordinance will 
increase the ability of the tribal government to control the tribe's 
liquor distribution and possession, and at the same time 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 April 14, 2009.

FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations 
Officer, Midwest Regional Office, One Federal Drive, Room 550, Ft. 
Snelling, MN 55111, Telephone (612) 725-4554; or Elizabeth Colliflower, 
Office of Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, 
Washington, DC 20240; Telephone (202) 513-7640.

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 Tribal Council of the Nottawaseppi 
Huron Band of the Potawatomi Indians initially adopted this Liquor 
Ordinance on February 14, 2008, and adopted a revised version on 
November 20, 2008. The purpose of this Ordinance is to govern the sale, 
possession and distribution of alcohol within the Nottawaseppi Huron 
Band of the Potawatomi Indian's tribal land.

[[Page 17209]]

    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 this Liquor Ordinance of the Nottawaseppi Huron 
Band of the Potawatomi Indians was duly adopted by its Tribal Council 
by Resolution No. 11-20-08-03 on November 20, 2008.

    Dated: March 26, 2009.
George T. Skibine,
Deputy Assistant Secretary for Policy and Economic Development.

    The Liquor Ordinance of the Nottawaseppi Huron Band of the 
Potawatomi Indians reads as follows:

Liquor Ordinance

Section 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, 
possession, transportation, and sale are in conformity with the laws of 
the State of Michigan and with the provisions of this Ordinance.

Section 102. Definitions

    As used in this ordinance the following definitions apply:
    (a) Alcohol means that substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine, which is commonly produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions and mixtures of this 
substance.
    (b) Alcoholic beverage means a compound for human consumption as a 
drink that contains more than 0.5% of alcohol by volume.
    (c) Beer means any beverage obtained by the alcoholic fermentation 
of an infusion or decoction of pure hops, or pure extract of hops and 
pure barley malt or other wholesome grain or cereal in pure water 
containing not more than four percent of alcohol by weight and not less 
than one-half of one percent of alcohol by volume. For the purposes of 
this Title, any such beverage, including ale, stout and porter, 
containing more than four percent of alcohol by weight shall be 
referred to as ``strong beer.''
    (d) Immediate family means spouse, brother, sister, child or 
parent.
    (e) Intoxicated person means a person whose mental or physical 
functioning is substantially impaired as a result of the use of 
alcohol.
    (f) Licensee includes the licensee's employees and agents and means 
one who holds a valid license from the Tribe to sell alcoholic 
beverages at retail on the Reservation.
    (g) Liquor means the four varieties of liquor herein defined 
(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. Every liquid 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 liquor within the meaning of this Ordinance.
    (h) Minor means a person under 21 years of age.
    (i) Ordinance means the Ordinance for the authorization and 
regulation of alcoholic beverages adopted pursuant to 18 U.S.C. 1161.
    (j) Person means any applicant for a liquor license.
    (k) Reservation means the Nottawaseppi Huron Band of the Potawatomi 
Indians Reservation.
    (l) Spirits means any beverage which contains alcohol by 
distillation, including wines exceeding seventeen percent of alcohol by 
weight.
    (m) Tribal Council means the Nottawaseppi Huron Band of the 
Potawatomi Indians Tribal Council, the governing body of the 
Nottawaseppi Huron Band of the Potawatomi Indians.
    (n) Tribe means Nottawaseppi Huron Band of the Potawatomi Indians
    (o) Wine means any alcoholic beverage obtained by fermentation of 
fruits (grapes, berries, apples, etc.) or other agricultural products 
containing sugar, to which any saccharine substances may have been 
added before, during or after fermentation and containing not more than 
seventeen percent of alcohol by weight, including sweet wines fortified 
with wine spirits, such as port, sherry, muscatel and angelica, not 
exceeding seventeen percent of alcohol by weight.

Section 103. 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, permitted or authorized to do so by the Tribe in accordance 
with the terms of this Ordinance and the State of Michigan, including 
Section 10 of the Tribal-State Class III Gaming Compact.

Section 104. Application for Tribal Liquor License; Requirements

    No Tribal license shall issue under this Ordinance except upon a 
sworn application filed with the Tribal Council containing the 
following:
    (a) Agreement by the applicant to accept and abide by all 
conditions of the Tribal license and federal law.
    (b) Sworn statement that the applicant has not been convicted of a 
felony.
    (c) In the case of the tribally operated casino the application 
shall be in the name of the FireKeepers Casino and shall be filed by 
the General Manager of the Casino.
    (d) 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 10 days prior to 
consideration by the Tribal Council and has been published at least 
once in such local newspaper serving the community that may be affected 
by the license as the Huron Band of the Potawatomi Chairman or 
Secretary may authorize. The notice shall state the date, time and 
place when the application shall be considered by the Tribal Council 
pursuant to Section 105 of this Ordinance.

Section 105. Hearing on Application for Tribal Liquor License

    All applications for a Tribal liquor license shall be considered by 
the Tribal 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 Tribal Council shall determine 
whether to grant or deny the application, based on:
    (a) whether the requirements of Section 104 have been met, and
    (b) whether the Tribal Council, in its discretion, determines that 
granting the license is in the best interests of the Tribe.

Section 106. Conditions of the Tribal License

    Any Tribal license issued under this Ordinance shall be subject to 
such reasonable conditions as the Tribal Council shall fix, including, 
but not limited to the following:
    (a) The license shall be for a term of one year.
    (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

[[Page 17210]]

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 Michigan, and in accordance with the hours fixed by the 
Tribal 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 Michigan.
    (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, or on special days of observance as designated by the Tribal 
Council.
    (g) Any spirits resold for consumption at a Class III gaming 
establishment shall be purchased from the Michigan Liquor Control 
Commission, and beer and wine from distributors licensed by the 
Michigan Liquor Control Commission.
    (h) All acts and transactions under authority of the Tribal liquor 
license shall be in conformity with the laws of the State of Michigan, 
and shall be in accordance with this Ordinance and any Tribal license 
issued pursuant to this Ordinance.
    (i) No person under the age permitted under the law of the State of 
Michigan shall be sold, served, delivered, given or allowed to consume 
alcoholic beverages in the licensed establishment and/or area.
    (j) Alcoholic beverages shall not be given away in any facility 
licensed under this Ordinance.
    (k) No person licensed under this Ordinance shall sell, deliver, 
give away, or cause to be sold, delivered, or given away any alcoholic 
beverage to any intoxicated person, or any person who appears to be 
intoxicated.

Section 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 
liquor license shall not be deemed a property right or vested right of 
any kind, and the granting of a Tribal liquor license shall not give 
rise to a presumption or legal entitlement to the granting of such 
license for a subsequent time period.

Section 108. 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 109. Cancellation and Suspension

    Any license issued hereunder may be suspended or canceled 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 110. Incorporation of Michigan Laws by Reference

    (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 beverages 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. The tribal laws that 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.
    (b) Whenever such Michigan laws are incorporated by reference, 
amendments to those laws shall also be deemed to be incorporated upon 
their effective date in the State of Michigan, without further action 
by the Tribal Council.
    (c) Nothing in this Ordinance shall be construed as a consent by 
the Tribe to the jurisdiction of the State 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 Ordinance, nor shall anything in this Ordinance 
constitute an express or implied waiver of the sovereign immunity of 
the Tribe.

Section 111. General Penalties

    Any person adjudged to be in violation of this Ordinance, including 
any lawful regulation under this Ordinance, shall be subject to a civil 
fine of not more than five hundred dollars ($500.00) for each such 
violation. The Tribal Council 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 in this section shall be in addition to any criminal 
penalties that may be imposed under applicable law.

Section 112. Initiation of Action

    Any violation of this Ordinance shall constitute a public nuisance. 
The Tribe may initiate and maintain an action in Tribal Court to abate 
and permanently enjoin any nuisance declared under this Ordinance. Any 
action taken under this section shall be in addition to any other 
penalties provided for in this Ordinance or elsewhere under Tribal or 
federal law. The Tribe shall not be required to give bond in an action 
under this section.

Section 113. Regulations

    The Tribal Council is authorized to adopt such regulations as may 
be necessary to implement the provisions of this Ordinance.

NOTICE OF APPLICATION FOR RETAIL ALCOHOLIC BEVERAGES LICENSE [or other 
purpose]

The Tribal Council hereby gives notice that on the ---- day of ----, --
--, [name of applicant] filed an application for a Tribe retail 
beverages license [or to transfer, or renew a license as the case may 
be] for [identify location of premises where beverages are to be sold]. 
Residents of ---- county [counties], or any person who has extended 
credit to the transferor, may protest against the issuance [or transfer 
or renewal] of the license. Protests may be mailed to the Tribe, 
Administration Building, ----, Michigan, ----, on or before the ---- 
day of ----, ----.
    Dated ---- Signed--------

[FR Doc. E9-8449 Filed 4-13-09; 8:45 am]
BILLING CODE 4310-4J-P