Nottawaseppi Huron Band of the Potawatomi Indian Liquor Ordinance, 17208-17210 [E9-8449]
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17208
Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
National Environmental Policy Act
We are requesting comments on the
permit application and on our
preliminary determination that the
proposed HCP qualifies as a ‘‘low
effect’’ HCP, eligible for a categorical
exclusion under the National
Environmental Policy Act (NEPA) of
1969, as amended (42 U.S.C. 4321 et
seq.). We explain the basis for this
possible determination in our draft
Environmental Action Statement (EAS)
and associated Low Effect Screening
Form. The draft HCP, Low Effect
Screening Form, and EAS are available
for public review.
We have made a preliminary
determination that the HCP qualifies as
a ‘‘low-effect’’ plan as defined by our
Habitat Conservation Planning
Handbook (November 1996). Our
determination that a HCP qualifies as a
low-effect plan is based on the following
criteria: (1) Implementation of the HCP
would result in minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
implementation of the HCP would result
in minor or negligible effects on other
environmental values or resources; and
(3) impacts of the HCP, considered
together with the impacts of other past,
present, and reasonably foreseeable
similarly situated projects, would not
result, over time, in significant
cumulative effects to the environmental
values or resources that would be
considered significant. As more fully
explained in our EAS and associated
Low Effect Screening Form, the
applicant’s proposal for the construction
of infrastructure improvements qualifies
as a ‘‘low effect’’ plan for the following
reasons:
(1) Approval of the HCP would result
in minor or negligible effects on the
Mount Hermon June beetle and Ben
Lomond spineflower and their habitat.
We do not anticipate significant direct
or cumulative effects to the Mount
Hermon June beetle or Ben Lomond
spineflower resulting from the proposed
project.
(2) Approval of the HCP would not
have adverse effects on unique
geographic, historic, or cultural sites, or
involve unique or unknown
environmental risks.
(3) Approval of the HCP would not
result in any growth-inducing impacts
and would not result in significant
cumulative impacts or adverse effects
on public health or safety.
(4) The project does not require
compliance with Executive Order 11988
(Floodplain Management), Executive
Order 11990 (Protection of Wetlands), or
the Fish and Wildlife Coordination Act,
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16:39 Apr 13, 2009
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nor does it threaten to violate a Federal,
State, local, or tribal law or requirement
imposed for the protection of the
environment.
(5) Approval of the HCP would not
establish a precedent for future actions
or represent a decision in principle
about future actions with potentially
significant environmental effects.
We, therefore, have made a
preliminary determination that approval
of the HCP qualifies as a categorical
exclusion under NEPA, as provided by
the Department of the Interior Manual
(516 DM 2, Appendix 1 and 516 DM 6,
Appendix 1). Based upon this
preliminary determination, we do not
intend to prepare further NEPA
documentation. We will consider public
comments in making our final
determination on whether to prepare
such additional documentation.
Public Review and Comment
If you wish to comment on the Low
Effect Screening Form, draft EAS, or the
proposed HCP, you may submit your
comments to the address listed in the
ADDRESSES section of this document.
We will evaluate the permit
application, HCP, and comments
submitted thereon to determine whether
the application meets the requirements
of section 10(a) of the Act. If we
determine that the application meets
those requirements, we will issue the
ITP for the incidental take of the Mount
Hermon June beetle. We will also
evaluate whether issuance of the section
10(a)(1)(B) ITP complies with section 7
of the Act by conducting an intraService section 7 consultation. We will
use the results of this consultation, in
combination with the above findings, in
the final analysis to determine whether
or not to issue the ITP.
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Authority: We provide this notice pursuant
to section 10(c) of the Act and pursuant to
implementing regulations for NEPA (40 CFR
1506.6).
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Dated: April 8, 2009.
Diane K. Noda,
Field Supervisor, Ventura Fish and Wildlife
Office, Ventura, California.
[FR Doc. E9–8474 Filed 4–13–09; 8:45 am]
BILLING CODE 4310–55–P
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.
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.
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
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
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Jkt 217001
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.
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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
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Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Notices
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.
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16:39 Apr 13, 2009
Jkt 217001
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 offReservation 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
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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 ll day of ll, ll, [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 ll 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, ll, Michigan, ll, on or
before the ll day of ll, ll.
Dated ll Signedllll
[FR Doc. E9–8449 Filed 4–13–09; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R9–IA–2009–N0078; 96300–1671–
0000–P5]
Receipt of Applications for Permit
AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of receipt of applications
for permit.
SUMMARY: We, the U.S. Fish and
Wildlife Service, invite the public to
comment on the following applications
to conduct certain activities with
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]]>Agencies
[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Notices]
[Pages 17208-17210]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-8449]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
