[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69780-69781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31393]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Little Traverse Bay Bands of Odawa Indians Alcoholic Beverage 
Control Law

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM8, and in accordance with the Act of August 15, 
1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161). This notice 
certifies that Waganakising Odawak Statute No. 1999008 was duly adopted 
by the LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS on June 27, 1999. The 
Statute provides for the regulation of the activities of the 
manufacture, distribution, sale, and consumption of liquor in the area 
of LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS under the jurisdiction of 
the LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS.

DATES: This Statute is effective as of December 14, 1999.

FOR FURTHER INFORMATION CONTACT: Jim D. James, Branch of Judicial 
Services, Division of Tribal Government Services, Office of Tribal 
Services, 1849 C Street NW, MS 4631-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS 
Statute No. 1999008 is to read as follows:

Waganakising Odawak Statute No. 1999008 Liquor Control Statute of 
the Little Traverse Bay Bands of Odawa Indians

Section I: Title

    This Statute shall be known as the ``Liquor Control Statute.'' This 
Statute repeals and replaces the Liquor Control Statute enacted on 
October 26, 1997 (Waganakising Odawak Statute No. 1997021).

Section II: Authority

    This statute is enacted pursuant to the Act of August 15, 1953. 
(Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and Article VII, Section 
1 (g) and (m) of the Constitution and Bylaws of the Little Traverse Bay 
Bands of Odawa Indians.

Section III: Purpose

    This statute regulates the consumption, delivery and/or sale of 
alcoholic beverages within the Indian country lands of the Little 
Traverse Bay Bands of Odawa Indians, for the purpose of protecting the 
health, safety and welfare of the Tribe and its members as well as the 
general public.

Section IV: Interpretation

    This statute shall be deemed an exercise of the police and 
regulatory powers of the Little Traverse Bay Bands of Odawa Indians to 
promote tribal self-determination and to protect the public welfare, 
and all provisions of this statute shall be liberally construed for the 
accomplishment of these purposes.

Section V: Definitions

    The following definitions apply in this statute, unless the context 
otherwise requires:
    A. Alcoholic beverage means any spirituous, vinous, malt or 
fermented liquor, liquors and compounds, whether or not medicated, 
proprietary, patented, and by whatever name called, containing one-half 
of one percent (\1/2\ of 1%) or more alcohol by volume, which are fit 
for use for beverage purposes.
    B. Liquor means any alcoholic drink.
    C. Person means a natural person, firm, association, corporation or 
other legal entity.
    D. Tribe or Bands means the Little Traverse Bay Bands of Odawa 
Indians.
    E. Tribal Council means the governing body of the Little Traverse 
Bay Bands of Odawa Indians, which body is also referred to as the Board 
of Directors in the Tribe's Constitution and Bylaws.
    F. Secretary means the Secretary of the United States Department of 
the Interior.
    G. Indian Country of the Tribe means, for purposes of this Statute, 
all lands within Emmet and Charlevoix Counties, Michigan which are now 
or hereafter owned by the Bands or held in trust for the Bands by the 
United States.
    H. State means the State of Michigan.
    I. Tribal representatives means the Tribal administrator, a program 
director or manager of a subsidiary or commercial enterprise of the 
Tribe.
    J. Tribal license means an official action by the Tribal Council 
which authorizes the sale of alcoholic beverages for consumption either 
on the premises and/or away from the premises.
    K. Premises means specified locations within the Indian Country of 
the Tribe, as described in a license issued by the Tribal Council.

Section VI: General Provisions

A. Policy.
    It is the policy of the Tribe that only the Tribe and its 
subsidiary enterprises may engage in the sale of alcoholic beverages 
within the Indian Country of the Tribe. Therefore, no person other than 
the tribal government or its subsidiary enterprises may deliver for 
profit, sell or trade for profit any alcoholic beverages within the 
Indian Country of the Tribe.
B. On-Premises Consumption
    No person shall sell, trade, transport, manufacture, use, or 
possess any alcoholic beverage, nor any other substance whatsoever 
capable of producing alcoholic intoxication, intended for consumption 
on the premises, nor aid nor abet any Indian or non-Indian person in 
any of the foregoing, except in compliance with the terms and 
conditions of this Statute as well as applicable federal Indian liquor 
laws, and applicable provisions of the laws of the State of Michigan 
and regulations administered by its Liquor Control Commission.
C. Off-Premises Consumption
    No person shall sell, trade, transport, manufacture, use, or 
possess any alcoholic beverage, nor any other substance whatsoever 
capable of producing alcoholic intoxication, intended for consumption 
away from the premises, nor aid nor abet any Indian or non-Indian 
person in any of the foregoing, except in compliance with the terms of 
this statute, applicable federal Indian liquor laws, and applicable 
provisions of the laws of the State of Michigan and regulations 
administered by its Liquor Control Commission.

[[Page 69781]]

D. Application of State Law
    Unless otherwise contradicted by this Statute or other Tribal law, 
laws of the State and regulations of its Liquor Control Commission 
shall pertain to sale, trade, manufacture, use or possession of 
alcoholic beverages within the Indian Country of the Tribe. Provided 
that in no event shall any laws of the Tribe pertaining to liquor 
regulation be construed to be less stringent than the laws and 
regulations of the State. Nothing in this section or Statute is 
intended to allow the State to exercise any jurisdiction over the 
Tribe, its members, or any persons or transactions within the Indian 
Country of the Tribe that the State would not otherwise have. Nothing 
in this section or statute is intended to in any way waive or limit the 
sovereign immunity of the Tribe.
E. Condition of Tribal License
    Any tribal enterprise having a license for the sale of alcoholic 
beverages issued by the Tribal Council shall be required to comply, as 
a condition of retaining such license, with any applicable tribal laws 
and ordinances and shall further observe the laws of the State 
regarding times of sale and minimum ages of persons to whom sales may 
be made.

Section VII: Tribal Licenses for the Sale of Alcoholic Beverages

    A. Upon application submitted in writing by tribal representatives, 
the Tribal Council may issue a license authorizing (1) sale of 
alcoholic beverages (or specific types thereof) solely for consumption 
on the premises, and/or (2) sale of alcoholic beverages (or specific 
types thereof) intended for consumption away from the premises.
    B. All applications for such licenses must be submitted to the 
Tribal Council in writing, setting forth the purpose for the license 
together with the description of the premises upon which such sale is 
proposed to take place.
    C. The Tribal Council shall have the power and authority to 
determine, in its sole discretion, the number and type of licenses for 
the sale of alcoholic beverages that may from time-to-time be issued 
pursuant to this ordinance.
    D. Fees. The Tribal Council may set reasonable fees for the 
issuance of licenses under this Statute.
    E. Duration of License. Unless sooner canceled, every license 
issued by the Tribal Council shall expire at midnight on the 31st day 
of December. Applications for renewal must be submitted to the Tribal 
Council on or before November 15 of the preceding year. The Tribal 
Council will act on all renewal applications on or before December 15.

Section VIII: Violations

    A. Any Indian person found to be in violation of the provisions of 
this Statute shall be deemed guilty of a criminal offense and may be 
prosecuted in Tribal Court in an action brought by the Tribal 
Prosecutor. Any such criminal proceeding against an Indian person shall 
comply with all due process and equal protection requirements of the 
Indian Civil Rights Act, which shall include at a minimum adequate 
notice, a full and fair hearing, and the right to call and cross 
examine witnesses. Upon conviction, the Tribal Court may impose a 
sentence of a fine not greater than $1,000.00 and/or a jail term not 
exceeding sixty (60) days.
    B. Nothing in this statute shall be construed to require or 
authorize the criminal trial and punishment by the Tribal Court of any 
non-Indian except to the extent allowed under Federal law. In general, 
when any provision of this Statute is violated by a non-Indian, her or 
she shall be referred to state and/or Federal authorities for 
prosecution under applicable law. However, violations of this Statue by 
a non-Indian shall also be deemed a civil offense against the Tribe and 
a civil action against non-Indian violators may proceed in Tribal Court 
to the extent allowed under Federal law. In such civil action brought 
in Tribal Court by the Tribal Prosecutor, the Tribal Court may impose a 
fine not greater than $1,000.00 and/or exclusion from the Tribe's 
reservation, as authorized in Article VII, Section 1(h) of the Tribe's 
Constitution. Any such civil proceeding against a non-Indian shall 
comply with all due process and equal protection requirements of the 
Indian Civil Rights Act, which shall include at a minimum adequate 
notice, a full and fair hearing, and the right to call and cross 
examine witnesses.
    C. Revocation of License. The Chairperson of the Tribal Council, or 
the Tribal Prosecutor may, for alleged violation of this Statute, 
institute and maintain an action in the Tribal Court in the name of the 
Tribe to revoke or suspend a license issued under this Statute. Such 
proceeding against the holder of the license in question shall comply 
with all due process and equal protection requirements of the Indian 
Civil Rights Act, which shall include at a minimum adequate notice, a 
full and fair hearing, and the right to call and cross examine 
witnesses. Upon final judgment issued against the defendant, the Tribal 
Court may order the forfeiture of any license issued pursuant to this 
Statute, and all rights of the licensee to keep or sell alcoholic 
beverages under this Statute shall be suspended or terminated as the 
case may be. Pending final judgment the Tribal Court may issue orders 
for preliminary injunction if the plaintiff can demonstrate a 
likelihood of success and irreparable injury to the Tribe or its 
members if such orders are not issued.

Section IX: Effective Date

    This ordinance shall be effective as a matter of tribal law as of 
the date of the adoption by the Tribal Council, and effective as a 
matter of Federal law on such date as the Assistant Secretary--Indian 
Affairs certifies and publishes the same in the Federal Register.

Section X: Savings Clause

    In the event that any phrase, provision, part, paragraph, 
subsection or section of this Statute is found by a court of competent 
jurisdiction to violate the Constitution, laws or ordinances of the 
Little Traverse Bay Bands of Odawa Indians or applicable Federal law, 
such phrase, provision, paragraph, subsection or section 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.

    Dated: November 24, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-31393 Filed 12-13-99; 8:45 am]
BILLING CODE 4310-02-P