Forest County Potawatomi Community-Sale and Consumption of Alcoholic Beverages, 1458-1460 [05-321]
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1458
Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
and recovery of the species in the wild;
and
5. Any other measures that the
Service may require as being necessary
or appropriate for the purposes of the
HCP to be met.
The Habitat Conservation Plan
The District is administering
development of a regional HCP on
behalf of the five counties that comprise
the San Luis Valley—Alamosa, Conejos,
Costilla, Rio Grande, and Saguache
Counties. Within the San Luis Valley,
certain agricultural and other economic
activities could inadvertently harm the
endangered southwestern willow
flycatcher (Epidonax traillii extimus)
(flycatcher) and other listed bird
species, and would be subject to
regulation by the Service if there were
a Federal nexus or take involved in the
activity. These activities include
operation, maintenance, and
construction of diversions, ditches,
canals, roads, bridges and utility lines;
livestock grazing and agricultural
practices; tamarisk and noxious weed
control; and floodplain maintenance
near towns and cities. Rather than seek
ESA compliance for these activities on
a case-by-case basis, the District will
prepare a single, regional conservation
plan that will be more efficient and
effective in providing for the long-term
protection and conservation of the
flycatcher and other listed bird species
and their habitat while allowing for the
continuation of agricultural and other
economic activities in the San Luis
Valley.
The District intends to apply for an
incidental take permit for the flycatcher,
bald eagle (Halieeatus leucocephalus),
and yellow-billed cuckoo (Coccyzus
americanus). The District also may seek
to cover other rare and/or sensitive
species that may be affected by the
identified activities in the San Luis
Valley. The ITP would become effective
for unlisted species, such as the yellowbilled cuckoo, that are adequately
covered by the HCP upon listing of such
species as threatened or endangered by
the Service. Other species for which the
District is not seeking permit coverage
also may benefit from the conservation
measures provided in the HCP.
After receipt of the District’s permit
application and draft HCP, the Service
will publish a notice of availability and
request for comment. The draft HCP is
planned for release in July 2005.
Environmental Review
The Service and the District are
proposing to conduct an environmental
review of the proposed issuance of an
ITP and the associated proposed HCP
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and to prepare an environmental
document to assess potential impacts
related to the ecosystem and the human
environment. The District will
administer development and coordinate
implementation of the HCP, as required
by section 10(a)(1)(B) of the ESA. The
HCP will provide measures to minimize
and mitigate the impacts of the
proposed take of listed species and
reduce impacts to the habitat upon
which they depend.
The environmental review will
consider the proposed action, no action
(i.e., no permit issuance), a reasonable
range of alternatives, and the associated
impacts of each alternative. A detailed
description of the proposed action and
alternatives (including no action) will
be included in the environmental
document. We anticipate that several
alternatives will be developed, which
may vary by the level of impacts caused
by the proposed activities, their specific
locations, and the conservation
measures involved.
The NEPA document will identify
potentially significant direct, indirect,
and cumulative impacts on biological
resources, land use, air quality, water
quality, water resources, economics, and
other environmental issues that could
occur with the implementation of the
Service’s proposed actions and
alternatives. For all potentially
significant impacts, the NEPA document
will identify avoidance, minimization,
and mitigation measures to reduce these
impacts where feasible, to a level below
significance.
The Service will conduct the
proposed environmental review in
accordance with the requirements of
NEPA, its implementing regulations,
other appropriate Federal laws and
regulations, and policies and procedures
of the Service for compliance with those
regulations. We are publishing this
notice in accordance with section
1501.7 of the NEPA regulations to
obtain suggestions and information from
other agencies and the public on the
scope of issues and alternatives to be
addressed in the environmental
document. The primary purpose of the
scoping process is to identify, rather
than to debate, significant issues related
to the proposed action. We invite
comments and suggestions from all
interested parties to ensure that a
reasonable range of alternatives is
addressed and that all potentially
significant issues are identified. All
comments received, including names
and addresses, will become part of the
official administrative record and may
be made available to the public. We will
fully consider all comments received
during the comment period.
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Dated: December 16, 2004.
Richard A. Coleman,
Acting Deputy Regional Director, Denver,
Colorado.
[FR Doc. 05–324 Filed 1–6–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Forest County Potawatomi
Community—Sale and Consumption of
Alcoholic Beverages
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Forest County Potawatomi Community
Liquor Control Ordinance. The
Ordinance regulates and controls the
possession, sale and consumption of
liquor within the Forest County
Potawatomi Community. The land is
located on trust land and this Ordinance
allows for the possession and sale of
alcoholic beverages within the Forest
County Potawatomi Community and
will increase the ability of the tribal
government to control the Community’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 Act is
effective on January 7, 2005.
FOR FURTHER INFORMATION CONTACT: De
Springer, Regional Tribal Operations
Officer, Bureau of Indian Affairs,
Midwest Regional Office, Bishop Henry
Whipple Federal Building, One Federal
Drive, Room 550, Ft. Snelling, MN
55111, Phone (612) 713–4400, ext 1125,
Fax (612) 713–4401; or Ralph Gonzales,
Office of Tribal Services, 1951
Constitution Avenue, NW., MS–320–
SIB, Washington, DC 20240; Telephone
(202) 513–7629.
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 Forest County Potawatomi
Community adopted its Ordinance by
Resolution No. GC 004–91 on December
14, 1991. The purpose of this Ordinance
is to govern the sale, possession and
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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
distribution of alcohol within the Forest
County Potawatomi Community.
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 Forest County Potawatomi
Community, was duly adopted by
Resolution No. GC 004–91 on December
14, 1991.
Dated: December 23, 2004.
David W. Anderson,
Assistant Secretary—Indian Affairs.
The Forest County Potawatomi
Community Liquor Ordinance reads as
follows:
Liquor Ordinance
Adopted 12/14/91
Liquor Control Ordinance
Forest County Potawatomi Community of
Wisconsin
Whereas, Public Law 277, 83rd Congress,
1st Session, approved August 15, 1953 and
codified at sec. 1161 of Title 18, United
States Code, provides that Sections 1154,
1156, 3113, 3488, 3618 of Title 18 of the
United States Code shall not apply within
any area that is not Indian Country, nor to
any act or transaction within any area of
Indian Country, provided such act or
transaction is in conformity both with the
laws of the State in which such act or
transaction occurs and with an ordinance
duly adopted by the Tribe having jurisdiction
over such area of Indian Country, certified by
the Secretary of the Interior, and published
in the Federal Register; and
Whereas, it is the desire of the General
Council of the Forest County Potawatomi
Community of Wisconsin to adopt a Liquor
Control Ordinance in the Indian Country that
lies within the jurisdiction of the
Community, and
Whereas, the General Council of the Forest
County Potawatomi Community of
Wisconsin has the authority to adopt
ordinances regulating liquor in the Indian
Country that lies within the jurisdiction of
the Community, by virtue of the provisions
of Article IV, section 1(d) of the Constitution
of the Forest County Potawatomi Community
of Wisconsin, adopted June 5, 1982;
Now therefore be it resolved that the
General Council of the Forest County
Potawatomi Community of Wisconsin
authorizes the issuance of licenses for onpremises sale of alcohol beverages within the
Indian Country that lies within the
jurisdiction of the Community, provided:
1. Licenses
A. Licenses for the sale of alcohol
beverages may be issued only for sale of such
beverages on the premises of businesses
owned and regulated by the Forest County
Potawatomi Community.
B. Licenses issued to businesses owned by
the Forest County Potawatomi Community
for the sale of alcohol shall be issued by the
Executive Council of the Community, upon
receipt by the Executive Council of a proper
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application containing the following
information:
(1) The name of the entity that regulates
the Community business at which the sale of
alcohol beverages would take place. Such
entity shall be the license applicant. No
individual or private entity may apply for or
receive a license under this Ordinance.
(2) A copy of the Community ordinance or
resolution under which the applicant entity
is organized.
(3) A description of the land or building
owned by the Community and regulated by
the applicant entity at which the applicant
entity wishes to sell alcohol beverages.
(4) A statement that the applicant entity
will conform to all requirements of
applicable Tribal, State and Federal law, as
they relate to the purchase and sale of
alcohol beverages.
C. Upon receipt of a proper application
under this Ordinance, licenses for sale of
alcohol beverages may be issued by the
Executive Council of the Community to a
Tribal entity of the Community if the
Executive Council finds, in its sound
discretion, on the basis of the facts disclosed
by the application and by such additional
information as the Executive Council may
deem relevant, that such issuance is in the
interest of the Community.
D. Licenses for the sale of alcohol
beverages issued by the Executive Council
shall contain the following requirements:
(1) Each license shall require its holder to
conform its operations to the laws of the
Community, the State of Wisconsin and the
United States of America.
(2) No license shall be effective for a term
of more than one year from the date of its
issuance, and each renewal thereof shall be
subject to the same procedures that apply to
the initial issuance of a license.
(3) Each license shall explicitly state that
its continued validity is dependent upon the
compliance of its holder with all the
provisions of this Ordinance and other
applicable law.
E. The Executive Council of the
Community shall have the authority to
suspend or revoke any license issued under
this Ordinance, under the following
procedures:
(1) Upon receiving information suggesting
that the holder of a license under this
Ordinance may have violated the terms of the
license or applicable law, the Executive
Council shall give the license holder written
notice that the Executive Council intends to
suspend or revoke the holder’s license. Such
notice shall be sent by certified mail, return
receipt requested, to the agent of the license
holder and shall specify the grounds for the
proposed suspension or revocation.
(2) Any license holder who receives a
notice of a proposed suspension or
revocation may request a hearing by the
Executive Council, by sending a written
request therefor, certified mail, return receipt
requested, to the Chairman of the Forest
County Potawatomi Community, at the
Community’s Tribal Center, within seven (7)
days of the license holder’s receipt of the
notice.
(3) Upon receipt of a request for a hearing
under this Ordinance, the Executive Council
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shall set a date for a hearing, which shall be
not later than thirty days from the date of the
receipt of the hearing request.
(4) At a hearing held under this Ordinance,
the holder of a license under this Ordinance
shall be permitted to present evidence with
respect to the holder’s compliance with the
terms of its license and applicable law. In
reaching its decision, the Executive Council
may consider such evidence, together with
all other evidence it deems relevant.
Following a hearing, if in the judgment of the
Executive Council the license holder has not
complied with the terms of its license and
applicable law, the Executive Council shall
suspend or revoke its license; and if in the
judgment of the Executive Council the terms
of the license and applicable law have been
complied with, the proceedings shall be
dismissed. In either case, the decision of the
Executive Council shall be final.
F. The Executive Council of the Forest
County Potawatomi Community may reject
any application for a license, or for a renewal
of a license, under this Ordinance, if the
applicant previously has committed acts
which have resulted in the suspension or
revocation of a license under this Ordinance.
2. Agent
Any tribally owned entity licensed under
this Ordinance shall appoint, subject to the
approval and confirmation of the Tribal
Executive Council, an agent who shall have
full authority and control of the premises and
of the conduct of all business on the premises
relative to alcohol beverages. This person
shall also be the person designated by Wis.
Stats. sec. 125.04(6) requiring the
appointment of agents.
3. Authority of the Tribal Executive Council
A. The Tribal Executive Council, or any
individual member thereof or any person
acting with prior written authorization of the
Tribal Executive Council may enter any
premises licensed under this ordinance at
any time to observe the activities taking
place.
B. Written authorization may be enacted at
a closed session of the Tribal Executive
Council and remain confidential until any
report made by such person is before the
Tribal Executive Council for action or until
such person seeks to gain access to the
premises of any Tribally licensed facility
during normal closed hours in which case it
shall be presented to the Manager on duty at
the time, and said Manager shall immediately
admit the person to the premises.
C. Tribal Executive Council members do
not need such written authorization and may
enter any Tribally licensed facility at any
time upon identifying themselves if such
admission is sought during normal closed
hours.
4. Separate Licenses for Each Facility
Each tribally owned entity licensed under
this Ordinance shall be required to file a
separate application and hold a separate
license for each facility it operates.
5. Transfer of Licenses Prohibited
No license issued under this Ordinance
may be transferred to any other entity or
person.
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Federal Register / Vol. 70, No. 5 / Friday, January 7, 2005 / Notices
6. State Law Applicable
The Forest County Potawatomi Community
recognizes the applicability of general State
law governing the sales of alcohol beverages.
7. State Law Adopted
The Forest County Potawatomi Community
hereby adopts for purpose of Tribal
enforcement against any entity licensed by
the Tribe under this Ordinance that following
provisions of Chapter 125 of the Wisconsin
Statutes, as modified below:
125.02 Definitions. Except as otherwise
provided, in this Ordinance:
125.02(1) ‘‘Alcohol beverages’’ means
fermented malt beverages and intoxicating
liquor. Wine defined below is included in
this definition.
125.02(6) ‘‘Fermented malt beverage’’
means any beverage made by the alcohol
fermentation of an infusion in potable
water of barley malt and hops, with or
without unmalted grains or decorticated
and degerminated grains or sugar
containing 0.5% or more alcohol by
volume.
125.02(8) ‘‘Intoxicating liquor’’ means all
ardent, spirituous, distilled or vinous
liquors, liquids or compounds, whether
medicated, proprietary, patented or not,
and by whatever named called, containing
0.5% or more of alcohol by volume, which
are beverages, but does not include
‘‘fermented malt beverages’.
125.02(8m) ‘‘Legal drinking age’’ means 21
years of age.
125.02(14) ‘‘Person’’ means a natural
person, sole proprietorship, partnership,
corporation or association.
125.02(14m) ‘‘Premises’’ means the area
described in a license.
125.02(17) ‘‘Regulation’’ means any rule
adopted by the Tribal Executive Council or
Ordinance adopted by the Tribal General
Council.
125.02(20) ‘‘Sell’’, ‘‘sold’’, ‘‘sale’’ or
‘‘selling’’ means any transfer of alcohol
beverages with consideration or any
transfer without consideration if
knowingly made for purposes of evading
the law relating to the sale of alcohol
beverages or any shift, devise, scheme or
transaction for obtaining alcohol beverages,
including the solicitation of orders for, or
the sale for future delivery of, alcohol
beverages.
125.02(20m) ‘‘Underage person’’ means a
person who has not attained the legal
drinking age.
125.02(22) ‘‘Wine’’ means products
obtained from the normal alcohol
fermentation of the juice or must of sound,
ripe grapes, other fruits or other
agricultural products, imitation wine,
compounds sold as wine, vermouth, cider,
perry, mead and sake, if such products
contain 0.5% or more of alcohol by
volume.
125.04(1) General licensing requirements.
No person may sell, manufacture, rectify,
brew or engage in any other activity for
which this Ordinance provides a license
without holding an appropriate license
issued under this Ordinance.
125.04(2) Licenses issued in violation of
this Ordinance. No license may be issued
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to any person except as provided in this
Ordinance. Any license issued in violation
of this ordinance is void.
125.04(10) License framed and posted. (a)
Frame. Licenses for the sale of alcohol
beverages, shall be enclosed in a frame
having a transparent front which allows
the license to be clearly read. (b) Display.
All licenses shall be conspicuously
displayed for public inspection at all times
in the room or place where the activity
subject to licensure is carried on.
125.07 Underage and intoxicated persons;
presence on licensed premises; possession;
penalties.
125.07(1) Restrictions.
1. No person may procure for, sell,
dispense or give away any alcohol beverages
to any underage person not accompanied by
his or her parent, guardian or spouse who has
attained the legal drinking age.
2. No licensee may sell, vend, deal or
traffic in alcohol beverages to or with any
underage person not accompanied by his or
her parent, guardian or spouse who has
attained the legal drinking age.
3. No adult may knowingly permit or fail
to take action to prevent the illegal
consumption of alcohol beverages by an
underage person on premises owned by the
adult or under the adult’s control.
4. No adult may intentionally encourage or
contribute to a violation of this section.
125.07(2) Sales of alcohol to intoxicated
persons. Restrictions. 1. No person may
procure for, sell, dispense or give away
alcohol beverages to a person who is
intoxicated. 2. No licensee or may sell,
vend, deal or traffic in alcohol beverages to
or with a person who is intoxicated.
125.07(3) Presence in places of sale;
penalty. An underage person not
accompanied by his or her parent, guardian
or spouse who has attained the legal
drinking age may not enter, knowingly
attempt to enter or be on any premises for
which a license for the retail sale of alcohol
beverages has been issued.
125.085 Proof of age.
(1) Definition. In this section, ‘‘official
identification card’’ means a valid operator’s
license issued under chapter 343 of the
Wisconsin Statutes that contains the
photograph of the holder, an identification
card issued under section 343.50 or an
identification card issued under section
125.08, of the statutes.
(2) Use. No card other than the
identification card authorized under this
section may be recognized as an official
identification card in premises licensed
under this ordinance.
8. Closing Hours
Every entity licensed by the Forest County
Potawatomi Community shall observe the
closing hours established by Wisconsin
Statutes governing the type of State license
which is similar to the Tribal license which
the entity holds. Failure to do so shall be the
basis for the revocation of licenses issued by
the Tribal Executive Council.
[FR Doc. 05–321 Filed 1–6–05; 8:45 am]
BILLING CODE 4310–4J–P
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kickapoo Tribe of Oklahoma—Liquor
and Beer Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Kickapoo Tribe of Oklahoma Liquor and
Beer Ordinance. The Ordinance
regulates and controls the possession,
sale and consumption of liquor within
the Kickapoo Tribe of Oklahoma Indian
Country. The land is located on trust
land and this Ordinance allows for the
possession and sale of alcoholic
beverages within the Kickapoo Tribe of
Oklahoma’s Indian Country and 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 Act is
effective on January 7, 2005.
FOR FURTHER INFORMATION CONTACT:
Terry Bruner, Community Services
Officer, Southern Plains Regional Office,
Bureau of Indian Affairs, WCK Office
Complex, P.O. Box 368, Anadarko, OK
73005, Phone: (405) 247–1668; Fax:
(405) 247–5611 or 247–9240; or Ralph
Gonzales, Office of Tribal Services,
Bureau of Indian Affairs 1951
Constitution Avenue, NW., Mail Stop
320–SIB, Washington, DC 20240;
Telephone (202) 513–7629.
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 Kickapoo Council adopted its
Liquor and Beer Ordinance by
Resolution No. 02–78 on October 11,
2002. The purpose of this Ordinance is
to govern the sale, possession and
distribution of alcohol within the
Kickapoo Tribe of Oklahoma Indian
Country.
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 Council of the
Kickapoo Tribe of Oklahoma adopted its
Liquor and Beer Ordinance by
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]]>Agencies
[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1458-1460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-321]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Forest County Potawatomi Community--Sale and Consumption of
Alcoholic Beverages
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Forest County Potawatomi Community
Liquor Control Ordinance. The Ordinance regulates and controls the
possession, sale and consumption of liquor within the Forest County
Potawatomi Community. The land is located on trust land and this
Ordinance allows for the possession and sale of alcoholic beverages
within the Forest County Potawatomi Community and will increase the
ability of the tribal government to control the Community'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 Act is effective on January 7, 2005.
FOR FURTHER INFORMATION CONTACT: De Springer, Regional Tribal
Operations Officer, Bureau of Indian Affairs, Midwest Regional Office,
Bishop Henry Whipple Federal Building, One Federal Drive, Room 550, Ft.
Snelling, MN 55111, Phone (612) 713-4400, ext 1125, Fax (612) 713-4401;
or Ralph Gonzales, Office of Tribal Services, 1951 Constitution Avenue,
NW., MS-320-SIB, Washington, DC 20240; Telephone (202) 513-7629.
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 Forest County Potawatomi Community
adopted its Ordinance by Resolution No. GC 004-91 on December 14, 1991.
The purpose of this Ordinance is to govern the sale, possession and
[[Page 1459]]
distribution of alcohol within the Forest County Potawatomi Community.
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 Forest County
Potawatomi Community, was duly adopted by Resolution No. GC 004-91 on
December 14, 1991.
Dated: December 23, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.
The Forest County Potawatomi Community Liquor Ordinance reads as
follows:
Liquor Ordinance
Adopted 12/14/91
Liquor Control Ordinance
Forest County Potawatomi Community of Wisconsin
Whereas, Public Law 277, 83rd Congress, 1st Session, approved
August 15, 1953 and codified at sec. 1161 of Title 18, United States
Code, provides that Sections 1154, 1156, 3113, 3488, 3618 of Title
18 of the United States Code shall not apply within any area that is
not Indian Country, nor to any act or transaction within any area of
Indian Country, provided such act or transaction is in conformity
both with the laws of the State in which such act or transaction
occurs and with an ordinance duly adopted by the Tribe having
jurisdiction over such area of Indian Country, certified by the
Secretary of the Interior, and published in the Federal Register;
and
Whereas, it is the desire of the General Council of the Forest
County Potawatomi Community of Wisconsin to adopt a Liquor Control
Ordinance in the Indian Country that lies within the jurisdiction of
the Community, and
Whereas, the General Council of the Forest County Potawatomi
Community of Wisconsin has the authority to adopt ordinances
regulating liquor in the Indian Country that lies within the
jurisdiction of the Community, by virtue of the provisions of
Article IV, section 1(d) of the Constitution of the Forest County
Potawatomi Community of Wisconsin, adopted June 5, 1982;
Now therefore be it resolved that the General Council of the
Forest County Potawatomi Community of Wisconsin authorizes the
issuance of licenses for on-premises sale of alcohol beverages
within the Indian Country that lies within the jurisdiction of the
Community, provided:
1. Licenses
A. Licenses for the sale of alcohol beverages may be issued only
for sale of such beverages on the premises of businesses owned and
regulated by the Forest County Potawatomi Community.
B. Licenses issued to businesses owned by the Forest County
Potawatomi Community for the sale of alcohol shall be issued by the
Executive Council of the Community, upon receipt by the Executive
Council of a proper application containing the following
information:
(1) The name of the entity that regulates the Community business
at which the sale of alcohol beverages would take place. Such entity
shall be the license applicant. No individual or private entity may
apply for or receive a license under this Ordinance.
(2) A copy of the Community ordinance or resolution under which
the applicant entity is organized.
(3) A description of the land or building owned by the Community
and regulated by the applicant entity at which the applicant entity
wishes to sell alcohol beverages.
(4) A statement that the applicant entity will conform to all
requirements of applicable Tribal, State and Federal law, as they
relate to the purchase and sale of alcohol beverages.
C. Upon receipt of a proper application under this Ordinance,
licenses for sale of alcohol beverages may be issued by the
Executive Council of the Community to a Tribal entity of the
Community if the Executive Council finds, in its sound discretion,
on the basis of the facts disclosed by the application and by such
additional information as the Executive Council may deem relevant,
that such issuance is in the interest of the Community.
D. Licenses for the sale of alcohol beverages issued by the
Executive Council shall contain the following requirements:
(1) Each license shall require its holder to conform its
operations to the laws of the Community, the State of Wisconsin and
the United States of America.
(2) No license shall be effective for a term of more than one
year from the date of its issuance, and each renewal thereof shall
be subject to the same procedures that apply to the initial issuance
of a license.
(3) Each license shall explicitly state that its continued
validity is dependent upon the compliance of its holder with all the
provisions of this Ordinance and other applicable law.
E. The Executive Council of the Community shall have the
authority to suspend or revoke any license issued under this
Ordinance, under the following procedures:
(1) Upon receiving information suggesting that the holder of a
license under this Ordinance may have violated the terms of the
license or applicable law, the Executive Council shall give the
license holder written notice that the Executive Council intends to
suspend or revoke the holder's license. Such notice shall be sent by
certified mail, return receipt requested, to the agent of the
license holder and shall specify the grounds for the proposed
suspension or revocation.
(2) Any license holder who receives a notice of a proposed
suspension or revocation may request a hearing by the Executive
Council, by sending a written request therefor, certified mail,
return receipt requested, to the Chairman of the Forest County
Potawatomi Community, at the Community's Tribal Center, within seven
(7) days of the license holder's receipt of the notice.
(3) Upon receipt of a request for a hearing under this
Ordinance, the Executive Council shall set a date for a hearing,
which shall be not later than thirty days from the date of the
receipt of the hearing request.
(4) At a hearing held under this Ordinance, the holder of a
license under this Ordinance shall be permitted to present evidence
with respect to the holder's compliance with the terms of its
license and applicable law. In reaching its decision, the Executive
Council may consider such evidence, together with all other evidence
it deems relevant. Following a hearing, if in the judgment of the
Executive Council the license holder has not complied with the terms
of its license and applicable law, the Executive Council shall
suspend or revoke its license; and if in the judgment of the
Executive Council the terms of the license and applicable law have
been complied with, the proceedings shall be dismissed. In either
case, the decision of the Executive Council shall be final.
F. The Executive Council of the Forest County Potawatomi
Community may reject any application for a license, or for a renewal
of a license, under this Ordinance, if the applicant previously has
committed acts which have resulted in the suspension or revocation
of a license under this Ordinance.
2. Agent
Any tribally owned entity licensed under this Ordinance shall
appoint, subject to the approval and confirmation of the Tribal
Executive Council, an agent who shall have full authority and
control of the premises and of the conduct of all business on the
premises relative to alcohol beverages. This person shall also be
the person designated by Wis. Stats. sec. 125.04(6) requiring the
appointment of agents.
3. Authority of the Tribal Executive Council
A. The Tribal Executive Council, or any individual member
thereof or any person acting with prior written authorization of the
Tribal Executive Council may enter any premises licensed under this
ordinance at any time to observe the activities taking place.
B. Written authorization may be enacted at a closed session of
the Tribal Executive Council and remain confidential until any
report made by such person is before the Tribal Executive Council
for action or until such person seeks to gain access to the premises
of any Tribally licensed facility during normal closed hours in
which case it shall be presented to the Manager on duty at the time,
and said Manager shall immediately admit the person to the premises.
C. Tribal Executive Council members do not need such written
authorization and may enter any Tribally licensed facility at any
time upon identifying themselves if such admission is sought during
normal closed hours.
4. Separate Licenses for Each Facility
Each tribally owned entity licensed under this Ordinance shall
be required to file a separate application and hold a separate
license for each facility it operates.
5. Transfer of Licenses Prohibited
No license issued under this Ordinance may be transferred to any
other entity or person.
[[Page 1460]]
6. State Law Applicable
The Forest County Potawatomi Community recognizes the
applicability of general State law governing the sales of alcohol
beverages.
7. State Law Adopted
The Forest County Potawatomi Community hereby adopts for purpose
of Tribal enforcement against any entity licensed by the Tribe under
this Ordinance that following provisions of Chapter 125 of the
Wisconsin Statutes, as modified below:
125.02 Definitions. Except as otherwise provided, in this Ordinance:
125.02(1) ``Alcohol beverages'' means fermented malt beverages and
intoxicating liquor. Wine defined below is included in this
definition.
125.02(6) ``Fermented malt beverage'' means any beverage made by the
alcohol fermentation of an infusion in potable water of barley malt
and hops, with or without unmalted grains or decorticated and
degerminated grains or sugar containing 0.5% or more alcohol by
volume.
125.02(8) ``Intoxicating liquor'' means all ardent, spirituous,
distilled or vinous liquors, liquids or compounds, whether
medicated, proprietary, patented or not, and by whatever named
called, containing 0.5% or more of alcohol by volume, which are
beverages, but does not include ``fermented malt beverages'.
125.02(8m) ``Legal drinking age'' means 21 years of age.
125.02(14) ``Person'' means a natural person, sole proprietorship,
partnership, corporation or association.
125.02(14m) ``Premises'' means the area described in a license.
125.02(17) ``Regulation'' means any rule adopted by the Tribal
Executive Council or Ordinance adopted by the Tribal General
Council.
125.02(20) ``Sell'', ``sold'', ``sale'' or ``selling'' means any
transfer of alcohol beverages with consideration or any transfer
without consideration if knowingly made for purposes of evading the
law relating to the sale of alcohol beverages or any shift, devise,
scheme or transaction for obtaining alcohol beverages, including the
solicitation of orders for, or the sale for future delivery of,
alcohol beverages.
125.02(20m) ``Underage person'' means a person who has not attained
the legal drinking age.
125.02(22) ``Wine'' means products obtained from the normal alcohol
fermentation of the juice or must of sound, ripe grapes, other
fruits or other agricultural products, imitation wine, compounds
sold as wine, vermouth, cider, perry, mead and sake, if such
products contain 0.5% or more of alcohol by volume.
125.04(1) General licensing requirements. No person may sell,
manufacture, rectify, brew or engage in any other activity for which
this Ordinance provides a license without holding an appropriate
license issued under this Ordinance.
125.04(2) Licenses issued in violation of this Ordinance. No license
may be issued to any person except as provided in this Ordinance.
Any license issued in violation of this ordinance is void.
125.04(10) License framed and posted. (a) Frame. Licenses for the
sale of alcohol beverages, shall be enclosed in a frame having a
transparent front which allows the license to be clearly read. (b)
Display. All licenses shall be conspicuously displayed for public
inspection at all times in the room or place where the activity
subject to licensure is carried on.
125.07 Underage and intoxicated persons; presence on licensed
premises; possession; penalties.
125.07(1) Restrictions.
1. No person may procure for, sell, dispense or give away any
alcohol beverages to any underage person not accompanied by his or
her parent, guardian or spouse who has attained the legal drinking
age.
2. No licensee may sell, vend, deal or traffic in alcohol
beverages to or with any underage person not accompanied by his or
her parent, guardian or spouse who has attained the legal drinking
age.
3. No adult may knowingly permit or fail to take action to
prevent the illegal consumption of alcohol beverages by an underage
person on premises owned by the adult or under the adult's control.
4. No adult may intentionally encourage or contribute to a
violation of this section.
125.07(2) Sales of alcohol to intoxicated persons. Restrictions. 1.
No person may procure for, sell, dispense or give away alcohol
beverages to a person who is intoxicated. 2. No licensee or may
sell, vend, deal or traffic in alcohol beverages to or with a person
who is intoxicated.
125.07(3) Presence in places of sale; penalty. An underage person
not accompanied by his or her parent, guardian or spouse who has
attained the legal drinking age may not enter, knowingly attempt to
enter or be on any premises for which a license for the retail sale
of alcohol beverages has been issued.
125.085 Proof of age.
(1) Definition. In this section, ``official identification
card'' means a valid operator's license issued under chapter 343 of
the Wisconsin Statutes that contains the photograph of the holder,
an identification card issued under section 343.50 or an
identification card issued under section 125.08, of the statutes.
(2) Use. No card other than the identification card authorized
under this section may be recognized as an official identification
card in premises licensed under this ordinance.
8. Closing Hours
Every entity licensed by the Forest County Potawatomi Community
shall observe the closing hours established by Wisconsin Statutes
governing the type of State license which is similar to the Tribal
license which the entity holds. Failure to do so shall be the basis
for the revocation of licenses issued by the Tribal Executive
Council.
[FR Doc. 05-321 Filed 1-6-05; 8:45 am]
BILLING CODE 4310-4J-P
