Grand Traverse Band of Ottawa and Chippewa Indians; Amendments to Liquor Ordinance, 866-868 [2016-31874]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 82, Number 2 (Wednesday, January 4, 2017)]
[Notices]
[Pages 866-868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31874]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/AAKC001030/A0A501010.999900 253G]


Grand Traverse Band of Ottawa and Chippewa Indians; Amendments to 
Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes amendments to the Grand Traverse Band of 
Ottawa and Chippewa Indians Liquor Ordinance, Title 14, Chapter 4. In 
2016, the Grand Traverse Tribal Council enacted the amendments to the 
Liquor Ordinance. The amended Liquor Ordinance supersedes the existing 
Grand Traverse Band of Ottawa and Chippewa Indians Liquor Ordinance 
that was last published in the Federal Register on June 13, 2005 (70 FR 
34146).

DATES: This ordinance shall become effective February 3, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Sherrel LaPointe, Tribal 
Operations Officer, Midwest Region, Bureau of Indian Affairs, Norman 
Pointe II, 5600 American Boulevard West, Suite 500, Bloomington, 
Minnesota 55437, Telephone: (612) 713-4400.

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 Grand Traverse Band duly adopted 
Tribal Council Resolution Number 16-34.2713 on February 17, 2016. This 
notice is published with the authority delegated by the Secretary of 
the Interior to the Assistant Secretary-Indian Affairs. I certify that 
the Grand Traverse Band of Ottawa and Chippewa Indians duly adopted 
this amendment to the Grand Traverse Liquor Control Code by Resolution 
Number 16-34.2713 on February 17, 2016.

    Dated: December 12, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.

    The Grand Traverse Band of Ottawa and Chippewa Indians Liquor 
Control Code, as amended, shall read as follows:

Liquor Ordinance of the Grand Traverse Band of Ottawa and Chippewa 
Indians

Title 14--Chapter 4

14.401 Short Title

    This ordinance may be cited as the ``Liquor Ordinance'' of the 
Grand Traverse Band of Ottawa and Chippewa Indians.

14.402 Authority

    As required by 18 U.S.C. 1161, this ordinance is in conformity with 
relevant provisions of State law and is enacted pursuant to Article IV 
of the constitution of the Grand Traverse Band of Ottawa and Chippewa 
Indians.

14.403 Interpretation

    (a) This ordinance shall be deemed an exercise of the police and 
regulatory powers of the Grand Traverse Band of Ottawa and Chippewa 
Indians in order to promote Tribal self-determination and to protect 
the public welfare, and all provisions of this ordinance shall be 
liberally construed for the accomplishment of these purposes.
    (b) Nothing in this ordinance may be construed as a waiver of 
Tribal sovereign immunity.

14.404 Definitions

    In this ordinance, unless the context otherwise requires:
    (a) ``alcoholic beverage'' means any of the following:
    (1) Any spirituous, vinous, malt or fermented liquor, liquid of 
compound, whether or not medicated, proprietary, patented, and by 
whatever name called, containing one-half of one percent (.5%) or more 
alcohol by volume, which is commonly used or reasonably adopted to use 
for beverage purposes;
    (2) any beverage obtained by alcoholic fermentation of an infusion 
or decoction of barley, malt, hops or other cereal in potable water;
    (3) any product made by the normal alcoholic fermentation of the 
juice of sound, ripe grapes, or any other fruit with the usual cellar 
treatment, and containing not more than 21% of alcohol by volume, 
including fermented fruit juices other than grapes and mixed wine 
drinks;
    (4) any beverage that contains alcohol obtained by distillation, 
mixed with potable water or other substances, or both, in solution, and 
includes wine containing an alcoholic content of more than 21% by 
volume, except sacramental wine and mixed spirit drink;
    (5) any drink or similar product marketed as a wine cooler that 
contains less than 7% alcohol by volume, consists of wine or cider and 
plain, sparkling or carbonated water, and contains any 1 or more of the 
following: (a) Nonalcoholic beverages; (b) flavoring; (c) coloring 
materials; (d) fruit juices; (e) fruit adjuncts; (f) sugar; (g) carbon 
dioxide; (h) preservatives.
    (b) ``liquor'' means any alcoholic beverage.
    (c) ``person'' means a natural person, firm, association, 
corporation, or other legal entity.
    (d) ``premises'' means specified locations within Tribal lands 
where alcoholic beverages may be sold as described in a license issued 
by the Tribal Council.
    (e) ``Secretary'' means the Secretary of the United States 
Department of the Interior.
    (f) ``State'' means the State of Michigan, which regulates matters 
pertaining to the consumption, possession, delivery and/or sale of 
alcoholic beverages within the State through its Liquor Control 
Commission.
    (g) ``Tribal Council'' means the Tribal Council of the Grand 
Traverse Band of Ottawa and Chippewa Indians.
    (h) ``Tribal lands'' means:
    (1) Land within the limits of the Grand Traverse Band of Ottawa and 
Chippewa Indians' Reservation, notwithstanding the issuance of any 
patent, and including rights-of-way running through the reservation; 
and/or
    (2) land over which the Grand Traverse Band of Ottawa and Chippewa 
Indians exercises governmental power and which is either held in trust 
by the United States for the benefit of the Grand Traverse Band, or 
held by the Tribe or by one of its members subject to restriction by 
the United States against alienation.
    (i) ``Tribal license'' means an official action by the Tribal 
Council which authorizes the manufacture and/or sale of alcoholic 
beverages for consumption either on the premises and/or away from the 
premises. The manufacture, sale and/or delivery of alcoholic beverages 
intended for consumption away from

[[Page 867]]

Tribal lands must also comply with relevant provisions of State law.
    (j) ``Tribal representative'' means the Tribal Manager, a program 
director, or manager of a subsidiary enterprise of the Tribe.
    (k) ``Tribe'' means the Grand Traverse Band of Ottawa and Chippewa 
Indians.
    (l) ``vendor'' means a person licensed under this ordinance to sell 
alcoholic beverage, or a person employed by a vendor to do so.

14.405 Public Policy Declared

    (a) It is the policy of the Tribe that no manufacture, sale, 
delivery, or importation of alcoholic beverages shall occur in Tribal 
lands unless such manufacture, sale, delivery or importation is by a 
person licensed under this ordinance to do so, or by prior written 
order of the Tribal Council.
    (b) All alcoholic beverages for sale, use, storage, or distribution 
in Tribal lands shall originally be purchased by and imported into 
Tribal lands by a person licensed under this ordinance to do so, unless 
such alcoholic beverages are manufactured under appropriate Tribal 
license within the Tribal lands, or by prior written order of the 
Tribal Council.
    (c) This section shall not apply in the case of alcoholic beverages 
brought into Tribal lands personally by a person aged twenty-one (21) 
years or older to purchase or manufacture alcoholic beverages for 
personal or household use.

14.406 General Provisions

    (a) Except in compliance with this ordinance, no person shall sell, 
trade, transport, manufacture, use or possess any alcoholic beverage or 
any other substance whatsoever which is capable of producing alcohol or 
other intoxication, intended for consumption on the premises, nor may 
any person aid or abet another person in doing any of the foregoing.
    (b) No vendor shall permit any person under the age of eighteen 
(18) on premises licensed under this ordinance, unless accompanied by 
an adult who is the legal guardian or parent of the minor.
    (c) No vender shall sell, serve or allow to be consumed on premises 
licensed under this ordinance, alcoholic beverages other than during 
the hours permitted by its license.
    (d) Except in compliance with this ordinance, no person shall sell, 
trade, transport, manufacture, use or possess any alcoholic beverage, 
or any other substance whatsoever which is capable of producing alcohol 
or other intoxication, intended for distribution away from premises, 
nor may any person aid or abet another person in any of the foregoing.
    (e) It shall be a violation of this ordinance for any person, by 
himself or by his agent or employee, to manufacture, sell, offer for 
sale, or possess any alcoholic beverage which is adulterated or 
misbranded or any alcoholic beverage in bottles which have been 
refilled. For the purposes of this section:
    (1) Alcoholic beverages shall be deemed adulterated if they contain 
any liquid or other ingredient not placed there by the original 
manufacturer or bottler, other than by order of a consumer for 
immediate consumption on the premises;
    (2) alcoholic beverages shall be deemed misbranded when not plainly 
labeled, marked or otherwise designated;
    (3) alcoholic beverages 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.
    (4) this subsection 406(e) does not apply to beer containers. [cf. 
MCL 436.2005(5)]
    (f) It shall be a violation of this ordinance for any vendor to 
sell or furnish any alcoholic beverage to a person unless that person 
has attained twenty-one (21) years of age.
    (1) No vendor may knowingly sell or furnish any alcoholic beverage 
to a person who is younger than twenty-one years of age, or fail to 
make diligent inquiry as to whether the person is twenty-one (21) years 
of age.
    (2) A suitable sign which describes this section and the penalties 
for violating this section shall be posted in a conspicuous place in 
each room where alcoholic beverages are sold.
    (g) It shall be a violation of this ordinance for any vendor to 
sell or furnish any alcoholic beverage to any person who is visibly 
intoxicated at the time, or who is known to the vendor to be a habitual 
drunkard.
    (h) It shall be a violation of this ordinance for any person 
younger than twenty-one (21) years of age to purchase, attempt to 
purchase, possess or consume any alcoholic beverage, or for such a 
person to misrepresent his age for the purpose of purchasing or 
attempting to purchase such alcoholic beverage.
    (i) Upon attempt to purchase any alcoholic beverage on premises 
licensed under this ordinance by any person who appears to the vendor 
to be younger than twenty-one (21) years of age, that vendor shall 
demand, and the prospective purchaser upon such demand shall display, 
satisfactory evidence that he is of legal age. It shall be a violation 
of this ordinance for any person to present to any vendor falsified 
evidence as to his age.
    (j) No person under this ordinance shall make any delivery of any 
alcoholic beverage outside the premises described in the license, 
unless the license permits distribution of alcoholic liquor for 
consumption away from the premises.
    (k) No person, directly or indirectly, himself or herself or by his 
or her clerk, agent or employee shall manufacture, manufacture for 
sale, sell, offer or keep for sale, barter, furnish, or import, import 
for sale, transport for hire, or transport, or possess any alcoholic 
beverage unless that person complies with this ordinance.
    (l) In order to retain its alcoholic beverage license under this 
ordinance, any Tribal operation is required to comply with other 
applicable Tribal law, as well as with the provisions of this 
ordinance.

14.407 Tribal Alcoholic Beverage Licenses

    (a) Upon written authorization by a Tribal representative, the 
Tribal Council may issue a license authorizing:
    (1) The manufacture and/or sale or alcoholic beverages intended 
solely for consumption on the premises; and/or
    (2) the manufacture and/or sale of alcoholic beverages intended 
solely for consumption away from the premises.
    (b) All such license applications must set forth the purpose for 
which the license is sought, together with a description of the 
premises upon which the alcoholic beverage manufacture and/or sales are 
proposed to take place.
    (c) In its sole discretion, the Tribal Council shall have the power 
and authority to determine the numbers and types of alcoholic beverage 
licenses to be issued pursuant to this ordinance.

14.408 Complaint of Violation

    (a) Any complaint regarding violation of any provision of this 
ordinance shall be referred to the Tribal Prosecutor, who may cause 
such complaint to be placed in writing and served personally or by 
registered mail upon the licensee or other person against whom that 
complaint is made.
    (b) A hearing on any such complaint shall be held by the Tribal 
Court not less than seven (7) days nor more than twenty-eight (28) days 
after service of the complaint upon the licensee or other person 
against whom that complaint is made.
    (c) Any Indian person (defined in 9 GTBC Sec.  102(a)) who violates 
any provision of this ordinance may be

[[Page 868]]

charged with a misdemeanor criminal offense and may be prosecuted 
pursuant to 9 GTBC Sec.  107(s). If convicted, the Tribal Court may 
impose a fine of not greater than one thousand dollars ($1,000.00), or 
imprisonment not exceeding sixty (60) days in the Tribal jail, or by 
both such fine and imprisonment.
    (d) Any non-Indian person who violates any provision of this 
ordinance may be charged with and prosecuted for a civil offense, and 
if convicted, may be subject to civil sanctions which the Tribal 
Council may prescribe, and/or may be excluded from Tribal lands.
    (e) Any person who violates any provision of this ordinance for 
which a specific penalty is not provided, shall be subject to a fine of 
not less than one hundred dollars ($100.00), nor more than five 
thousand dollars ($5,000.00), or by imprisonment in the Tribal jail for 
not more than sixty (60) days, or by both such fine and imprisonment, 
plus costs.

14.409 Severability

    If any section or provision of this ordinance or the application 
thereof to any party or class, or to any circumstances, shall be held 
to be invalid for any cause whatsoever, the remainder of this ordinance 
shall not be affected thereby and shall remain in full force and effect 
as though no part thereof had been declared to be invalid.

14.410 Amendment or Repeal of This Ordinance

    This ordinance may be amended or repealed only by majority vote of 
the Tribal Council in regular session.

14.411 Effective Date

    The effective date of this ordinance shall be the date upon which 
it is certified by the Secretary or his delegate and published in the 
Federal Register in accordance with 18 U.S.C. 1161.

[FR Doc. 2016-31874 Filed 1-3-17; 8:45 am]
BILLING CODE 4337-15-P