Seminole Tribe of Florida Alcohol Beverage Control Act of 2009, 47312-47316 [2010-19282]

Download as PDF 47312 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices safety and other concerns affecting the offshore oil and gas industry and assists the Coast Guard in formulating U.S. positions for discussion and presentation at the International Maritime Organization (IMO). Agenda of Meeting The agenda for the September 29, 2010, Committee meeting is as follows: (1) Roll call of committee members and the public participating in the teleconference. (2) Approval of minutes from the July 1, 2010, meeting. Consideration and possible action on the Offshore Supply Vessels (OSV’s) subcommittee’s Report and submission to the committee, which will include a paper for IMO’s Bulk Liquids and Gases (BLG) workgroup and recommendations regarding OSV’s < 100 Gross Tons (GT) and Resolution A.673(16) The Guidelines for the Transport and Handling of Limited Amounts of Hazardous and Noxious Liquid Substances in Bulk on Offshore Support Vessels. Once the committee finalizes its report, it will be posted and available to the public within 30 days at the fido.gov Web site. Use ‘‘code 68’’ to identify NOSAC when accessing this material. (1) Brief Updates to the committee on progress to date from ongoing subcommittees as follows: (a) Diving Subcommittee. (b) Marine Portable Quarters Subcommittee. (5) Other matters submitted for the committee’s attention. (6) Period for Public Comment. Procedural mstockstill on DSKH9S0YB1PROD with NOTICES For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact Mr. Kevin Pekarek at 202–372–1386 as soon as possible. Dated: July 27, 2010. J.G. Lantz, Director of Commercial Regulations and Standards. [FR Doc. 2010–19324 Filed 8–4–10; 8:45 am] BILLING CODE 9110–04–P INTER-AMERICAN FOUNDATION Board Meeting; Sunshine Act Meetings August 9, 2010, 8:30 a.m.–5:30 p.m.. PLACE: 101 Constitution Avenue, Washington, DC 20001. STATUS: Closed session as provided in 22 CFR 1004.4(f). MATTERS TO BE CONSIDERED: • Executive Session. PORTIONS TO BE CLOSED TO THE PUBLIC: • Executive Session to discuss Candidates for Presidential Position— Closed session as provided in 22 CFR 1004.4 (f). TIME AND DATE: CONTACT PERSON FOR MORE INFORMATION: Jennifer Hodges Reynolds, General Counsel, (703) 306–4301. Dated: July 29, 2010. Jennifer Hodges Reynolds, General Counsel. [FR Doc. 2010–19413 Filed 8–3–10; 4:15 pm] BILLING CODE 7025–01–P DEPARTMENT OF THE INTERIOR This meeting is open to the public. Please note that the meeting may close early if all business is finished. At the Chair’s discretion, members of the public may make oral presentations during the meeting concerning the matters being discussed. If you would like to make an oral presentation during the teleconference, please notify the DFO no later than September 10, 2010. Written material for distribution to Committee members should reach the Coast Guard no later than September 10, 2010. Minutes Minutes from the meeting will be available for the public review and copying 30 days following the teleconference meeting and can be accessed from the fido.gov Web site. Use ‘‘code 68’’ to identify NOSAC when accessing this material. VerDate Mar<15>2010 Information on Services for Individuals With Disabilities 17:52 Aug 04, 2010 Jkt 220001 Bureau of Indian Affairs Seminole Tribe of Florida Alcohol Beverage Control Act of 2009 Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Amended Seminole Tribe of Florida Alcohol Beverage Control Act of 2009, Ordinance No. C–01–09. The Amended Ordinance regulates and controls the possession, sale, and consumption of liquor within the tribal lands. The last amendment to the liquor ordinance was published in 60 FR 53431. The tribal lands are located in Indian country and this Amended Ordinance allows for possession and sale of alcoholic beverages within their boundaries. The Amended Ordinance contains SUMMARY: PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 provisions requiring the Tribe to issue licenses to all businesses that intend to sell liquor and it requires proof that the applicant for a liquor license is licensed by the State of Florida to sell alcoholic beverages as well. This Amended Ordinance 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 Amended Ordinance is effective on September 7, 2010. FOR FURTHER INFORMATION CONTACT: Chanda Joseph, Tribal Government Services Officer, Eastern Regional Office, 545 Marriott Drive, Suite 700, Nashville, TN 37214, Telephone: (615) 564–6750, Fax (615) 564–6552; or Elizabeth Colliflower, Office of Indian Services, 1849 C Street, NW., Mail Stop 4513–MIB, Washington, DC 20240, Telephone: (202) 513–7641. 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 Seminole Tribe of Florida adopted its Amended Alcohol Beverage Control Act by Resolution on June 18, 2009. The purpose of Amended Ordinance No. C– 01–09 is to govern the sale, possession, and distribution of alcohol within tribal lands of the Tribe. 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 Tribal Council of the Seminole Tribe of Florida adopted its Alcohol Beverage Control Act of 2009, Ordinance No. C–01–09 on June 18, 2009. Dated: July 29, 2010. Larry Echo Hawk, Assistant Secretary—Indian Affairs. The Alcohol Beverage Control Act of the Seminole Tribe of Florida reads as follows: Seminole Tribe of Florida Alcohol Beverage Control Act of 2009 Seminole Tribe of Florida Hollywood, Florida An Ordinance Relating to the Application of the Federal Liquor Laws E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices on the Florida Seminole Reservations and Trust Lands. Whereas, the Seminole Tribe of Florida, is an organized Indian Tribe as defined in Section 16 of the Act of June 18, 1934 (48 Stat. 984) as amended by the Act of June 15, 1935 (49 Stat. 378); and Whereas, Public Law 277, 83rd Congress, approved August 15, 1953, provides that Sections 1154, 1156, 3113, 3488, and 3618 of Title 18, United States Code, as amended by Public Law No. 98–473, Section 223(b) replacing Section 3618 of Title 18 with Section 3669, commonly referred to as the Federal Indian Liquor Laws, shall not apply to any act or transaction within any area of Indian country provided such act or transaction is in conformity with both 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. Now Therefore Be It Ordained: By the Tribal Council of the Seminole Tribe of Florida that the provisions of this Ordinance shall apply on all Seminole Lands, as defined herein: mstockstill on DSKH9S0YB1PROD with NOTICES Section I. Introduction. 101. Title. This Ordinance shall be known as the ‘‘Seminole Tribe of Florida Alcohol Beverage Control Act, herein after referred to as the ‘‘Ordinance’’. 102. Authority. This Ordinance is enacted pursuant to the Act of August 15, 1953 (Pub. L. 83–277, and 67 Stat. 588, 18 U.S.C. section 1161) and the Constitution of the Seminole Tribe of Florida approved on July 11, 1957 and ratified on August 21, 1957 and applicable laws. 103. Purpose. The purpose of this Ordinance is to regulate and control the sale or possession of Alcoholic Beverages, as defined herein, within Seminole Lands. 104. Tribal Jurisdiction. The sale Alcoholic Beverages shall be lawful within Seminole Lands, provided that such sale is in conformity with the laws of the State of Florida and the provisions of this Ordinance. Section II. Definitions. As used in this Ordinance, the following words shall have the following meanings unless the context clearly requires otherwise: 201. ‘‘Alcoholic Beverage’’ means distilled spirits and all beverages containing one-half of one percent or more alcohol by volume. The VerDate Mar<15>2010 17:52 Aug 04, 2010 Jkt 220001 percentage of alcohol by volume shall be determined by measuring the volume of standard ethyl alcohol in the beverage and comparing it with the volume of the remainder of the ingredients as though the remainder of the ingredients were distilled water. 202. ‘‘Entertainment Zone’’ means the areas designated pursuant to Paragraph 402 where alcoholic beverages may be dispensed or sold up to 24 hours per day, 7 days per week. 203. ‘‘Tribal Council’’ means the Tribal Council of the Seminole Tribe of Florida. 204. ‘‘Seminole Lands’’ means land legally titled in the name of the United States of America in trust for the Seminole Tribe of Florida, whether or not the same is in reservation status, as well as fee lands acquired by or for the Tribe and placed under the jurisdiction of the Tribe. 205. ‘‘Distilled Spirits’’ mean that substance known as ethyl alcohol, ethanol, or spirits of wine in any form, including all dilutions and mixtures thereof from whatever source or by whatever process produced. 206. ‘‘Principal Owner’’ with respect to a corporation or other legal entity shall refer to and mean any person or entity which, directly or indirectly, owns or controls a majority of shares or a controlling interest in any entity making application for an alcoholic beverage license or which will have operational control over the day to day operations of the applicant’s business. 207. ‘‘Sale’’ and ‘‘Sell’’ means the exchange, barter, and traffic of Alcoholic Beverages by any person to any person. 208. ‘‘Tribe’’ means the Seminole Tribe of Florida. 209. ‘‘Person’’ means any natural person or business entity or organization. Section III. Powers of Enforcement. 301. Powers and Duties Tribal Council. The Tribal Council, in furtherance of this Ordinance shall have the following powers and duties: a. To employ managers, accountants, security personnel, inspectors, and such other persons as shall be reasonably necessary to allow the Tribal Council to perform its functions under this Ordinance; b. To approve licenses permitting the sale of Alcoholic Beverages on Seminole Lands; and c. To hold hearings on violations of PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 47313 this Ordinance. 302. Powers and Duties Tribal Beverage Inspector (Environmental Health Officer). The enforcement of this Ordinance and violations thereof as set forth in Section VI of this Ordinance shall be as follows: a. The Tribal Beverage Inspector/ Environmental Health Officer may inspect the premises on which Alcoholic Beverages are sold or distributed at any time during open business hours for the purposes of ascertaining whether this Ordinance is being followed. b. The Environmental Health Officer shall be empowered to issue citations for violations of this Ordinance. c. Real Estate Services Department shall be empowered to suspend any License upon notice of a violation by the Environmental Health Officer for which it is deemed appropriate to suspend the sale and service of alcoholic beverages. d. The Real Estate Services Department shall prepare Tribal Council resolutions and include background information regarding violations of this Ordinance for consideration regarding reinstatement of suspended licenses or revocation thereof. Section IV. Sales of Alcoholic Beverages. Licenses Required. Sale of Alcoholic Beverages on Seminole Lands shall only be permitted by a holder of a license issued hereunder and at the licensed premises or by the Tribe at a location owned or operated by the Tribe. 401. Regulated Hours for the Sale of Alcoholic Beverages. Except as provided in Entertainment Zones established hereunder, alcoholic beverages may not be sold other than during approved hours prescribed and established by the Tribal Council. 402. The following areas are established as Entertainment Zones where alcoholic beverages may be sold up to 24 hours per day, 7 days per week: a. Hollywood Reservation—the premises commonly known as the Seminole Hard Rock Hotel & Casino—Hollywood, Seminole Paradise and the Seminole Indian Casino—Hollywood. b. Tampa Reservation—the premises commonly known as the Seminole Hard Rock Hotel & Casino—Tampa. c. Brighton Reservation—the premises commonly known as the Seminole Indian Casino—Brighton. d. Big Cypress Reservation—the E:\FR\FM\05AUN1.SGM 05AUN1 47314 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices mstockstill on DSKH9S0YB1PROD with NOTICES premises commonly known as the Seminole Indian Casino—Big Cypress. e. Immokalee Reservation—the premises commonly known as the Seminole Indian Casino— Immokalee. f. Coconut Creek Trust Property—That portion of the premises commonly known as the Seminole Indian Casino—Coconut Creek which is situated on Seminole Lands. Section V. Licensing. 501. Tribal Alcoholic Beverage License Requirements. No Tribal license shall be issued under this Ordinance except upon a sworn application filed with the Tribe’s Real Estate Services Department containing a full and complete showing of the following: a. Proof satisfactory to the Tribal Council that the applicant is not an officer or member of the Tribal Council or the Board of Directors of the Seminole Tribe of Florida, Inc.; b. Satisfactory proof that the applicant is duly licensed by the State of Florida to sell alcoholic beverages; c. Satisfactory proof, including a background check as conducted by the Tribe, that the applicant is of good character and reputation and that the applicant is financially responsible; d. the description of the premises in which the Alcoholic Beverages are to be sold and proof that the applicant has the right of occupancy of such premises for at least the term of the license; e. Agreement by the applicant to accept and abide by all conditions of the Ordinance; f. Payment of a non-refundable fee established from time to time by the Tribal Council. The initial fee shall be $250.00, but can be changed by Tribal Council resolution at any time; g. Satisfactory proof that neither the applicant, nor the applicant’s spouse, nor any Principal Owner, officer, shareholder, or director of the applicant, if an entity, has ever been convicted of a felony or a crime of moral turpitude as defined by the laws of the State of Florida. 502. Hearing on Application for Tribal Alcoholic Beverage License. All applications for a Tribal Alcoholic Beverage License shall be considered by the Tribal Council in VerDate Mar<15>2010 17:52 Aug 04, 2010 Jkt 220001 open session at which the applicant 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, by majority vote, shall determine whether to grant or deny the application based on: (1) Whether the requirements of Section 501 have been met; and (2) whether the Tribal Council, at its sole discretion, determines that granting the license is in the best interest of the Tribe. In the event that the applicant is a member of the immediate family of a Tribal Council member, such Tribal Council member shall not vote on the application as a Tribal Council member. 503. License Types. a. Annual—Other than Special Event Permits, the license shall be issued for a term not to exceed one (1) year and shall terminate on March 31 of each year. b. Special Event Permits—the Tribal Council or their designee may grant a temporary permit for the sale of Alcoholic Beverages for a period not to exceed three (3) days to any person applying to the same in connection with a Tribal or community activity, provided that the conditions prescribed in Section 504 of this Ordinance shall be observed by the permittee. Each permit issued shall specify the types of alcoholic beverages to be sold. Further, a fee of $50.00 will be assessed on temporary permits, which fee shall be subject to change by Tribal Council resolution. 504. Conditions of the Tribal Alcoholic Beverage License. Any Tribal Alcoholic Beverage 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 licensee shall at all times maintain an orderly, clean, and neat establishment, both inside and outside the licensed premises. b. The licensed premises shall be subject to inspection by Tribal Beverage Inspector/Environmental Health Officer and such other law enforcement officials as may be authorized by applicable law and open to inspection by authorized PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Tribal officials at all times when alcoholic beverages are being served. 505. License Not a Property Right. Notwithstanding any other provision of this Ordinance, a Tribal Alcoholic Beverage license is a mere permit for a fixed duration of time. A Tribal Alcoholic Beverage license shall not be deemed a property right or vested right of any kind, nor shall the granting of said license give rise to a presumption of legal entitlement to a license/permit in a subsequent time period. 506. Assignment or Transfer. No Tribal Alcoholic Beverage issued under this Ordinance shall be assigned or transferred. Section VI. Rules Regulations and Violations. 601. The violations under this Ordinance and the penalties for such violations are set forth on the Table of Violations and Penalties which is attached and made a part hereof by reference. Section VII. License Fees. 701. Disposition of Fees. The fees collected by the Tribal Council from all licensing provided for under this Ordinance, or the imposition of civil penalties for violating this Ordinance shall be payable to the Seminole Tribe of Florida for deposit to the general fund of the Tribe in the Tribe’s usual depository. Section VIII. Severability and Miscellaneous. 801. Prior Enactments. Any and all prior ordinances, resolutions or enactments of the Tribal Council which are inconsistent with the provisions of this Ordinance shall be deemed repealed as of the Effective Date of this Ordinance. 802. Effective Date. This amended Ordinance becomes effective 30 days after the Secretary of the Interior certifies the Ordinance and publishes it in the Federal Register. 803. Sovereign Immunity. Nothing contained in this Ordinance is intended to in any way limit, alter, restrict, or waive the Tribe’s sovereign immunity from unconsented suit or action. E:\FR\FM\05AUN1.SGM 05AUN1 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices 47315 TABLES OF VIOLATIONS AND PENALTIES Violation Florida statute reference 1st Occurrence 2nd Occurrence 3rd Occurrence 4th Occurrence Florida Statute Sections 561.15(3) and 561.29(f) and (g). Revocation. Florida Statute Sections 561.01(10), 561.17, 561.33, and 569.003. $500 ........................... Failure to meet minimum qualifications of special license or special events license. Florida Statute Section 561.20. $1000 and revocation without prejudice to obtain any other type of license, but with prejudice to obtain the same type of special license for 5 years. Maintaining a nuisance on the licensed premises. Maintaining a premise that is unsanitary. Unlawful transfer of ownership of license. Possession of beverages not permitted to be sold under license. Sale off the licensed premises. Misrepresentation of alcoholic beverages. Sale, giving or serving alcoholic beverages to persons under the age of 21 or allowing them to consume alcoholic beverages. Selling alcoholic beverages in a manner not permitted by license or with expired license. Conspiracy to violate the Tribe’s Ordinance. Refusing to admit authorized law enforcement officers or division or tribal employees to licensed premises. Forcefully obstructing a tribal, division employee or law enforcement officer. Selling or serving alcoholic beverages after notice to close. Adulterating liquor ....... mstockstill on DSKH9S0YB1PROD with NOTICES Licensee not qualified to be issued an alcoholic beverage license. Failing to file required application. Florida Statute Section 561.29(1)(c). Revocation. Florida Statute Section 561.29(1)(d). Florida Statute Section 561.32(4). Florida Statute Section 562.02. Revocation. $1000 ......................... $2000 ......................... $4000 ......................... Revocation. Florida Statute Section 562.06. Florida Statute Section 561.061. Florida Statute Section 562.11. $500 ........................... $1000 ......................... $2000 ......................... Revocation. $1000 and a 20-day license suspension. $1000 and a 7-day license suspension. Revocation. $3000 and a 30-day license suspension. Revocation. Florida Statute Section 562.12. $500 or an amount equal to the correct license fee, whichever is greater. $1000 or an amount equal to the correct license fee, whichever is greater. $2000 ......................... Florida Statute Section 562.23. $1000 ......................... Revocation. Florida Statute Section 562.41(3). $1000 ......................... Revocation. Florida Statute Section 562.41(4). $1000 and a 30-day suspension. Revocation. Florida Statute Section 562.454. Revocation. Florida Statute Section 562.455. Florida Statute Section 562.50. Revocation. $1000 and 7-day suspension. $2000 and 30-day suspension. Revocation. Florida Statute Section 562.51. $1000 ......................... $2000 and a 20-day license suspension. $4000 and a 30-day license suspension. Florida Statute Chapter 796. $1000 ......................... Revocation. Furnishing alcoholic beverages after notice to persons habitually addicted. Discrimination in service of alcoholic beverages. Prostitution; Lewd and lascivious conduct on premises. VerDate Mar<15>2010 17:52 Aug 04, 2010 Jkt 220001 PO 00000 $1000 ......................... Revocation. Revocation. Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\05AUN1.SGM 05AUN1 Revocation. Revocation. 47316 Federal Register / Vol. 75, No. 150 / Thursday, August 5, 2010 / Notices TABLES OF VIOLATIONS AND PENALTIES—Continued Violation Florida statute reference Worthless check ......... Florida Statute Section 832.05. Perjury ........................ Florida Statute Chapter 837. Florida Statute Section 559.791. Florida Statute Chapter 849. ............................................ False information on application. Unlawful gambling ...... Failure to maintain active state license. BILLING CODE 4310–4J–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION National Aeronautics and Space Administration (NASA). ACTION: Notice. This notice is issued in accordance with 42 U.S.C. 2451 (314)(d). The 2010 Strong Tether Challenge is scheduled and teams that wish to compete may register. Centennial Challenges is a program of prize competitions to stimulate innovation in technologies of interest and value to NASA and the nation. The 2010 Strong Tether Challenge is a prize competition designed to encourage development of very strong, lightweight material for use in a multitude of structural applications. The Spaceward Foundation administers the Challenge for NASA. NASA is providing the prize purse. DATES: 2010 Strong Tether Challenge will be held on August 13, 2010. ADDRESSES: 2010 Strong Tether Challenge will be conducted at the 2010 Space Elevator Conference held at the Microsoft Conference Center, 16156 NE 36th St., Redmond, Washington. FOR FURTHER INFORMATION CONTACT: To register for or get additional information regarding the 2010 Strong Tether Challenge, please visit: http:// www.spaceward.org/elevator2010-ts. For general information on the NASA Centennial Challenges Program please visit: http://www.nasa.gov/challenges. General questions and comments regarding the program should be addressed to Mr. Andrew Petro, Centennial Challenges Program, NASA mstockstill on DSKH9S0YB1PROD with NOTICES 17:52 Aug 04, 2010 Jkt 220001 $250 per ..................... $500 ........................... $1000 ......................... Revocation. Suspension for period of time during which state licensure inactive. ..................................... ..................................... Revocation. I. Prize Amounts The total 2010 Strong Tether Challenge purse is $2,000,000 (two million U.S. dollars). Incremental prizes will be offered for entries that meet specific requirements for strength and mass based on the length of the sample. II. Eligibility To be eligible to win a prize competitors must (1) register and comply with all requirements in the rules and team agreement; (2) in the case of a private entity, shall be incorporated in and maintain a primary place of business in the United States, and in the case of an individual, whether participating singly or in a group, shall be a citizen or permanent resident of the United States; and (3) shall not be a Federal entity or Federal employee acting within the scope of their employment. III. Rules The complete rules and team agreement for the 2010 Strong Tether Challenge can be found at: http:// www.spaceward.org/elevator2010-ts. Dated: July 30, 2010. Douglas A. Comstock, Director, Innovative Partnerships Program Office. [FR Doc. 2010–19320 Filed 8–4–10; 8:45 am] BILLING CODE 7510–13–P PO 00000 4th Occurrence Revocation. The competition consists of measuring the tensile strength of a tether material. There are requirements for maximum mass and minimum strength and length categories. The strongest sample that meets the criteria is eligible to win the specified prize. AGENCY: 3rd Occurrence 20-day suspension Revocation. and no future personal check to Tribe. Summary Centennial Challenges 2010 Strong Tether Challenge VerDate Mar<15>2010 No future personal checks to Tribe for 3 years. Revocation. 2nd Occurrence Headquarters 300 E Street, SW., Washington, DC, 20546–0001. E-mail address: andrew.j.petro@nasa.gov. SUPPLEMENTARY INFORMATION: [FR Doc. 2010–19282 Filed 8–4–10; 8:45 am] SUMMARY: 1st Occurrence Frm 00059 Fmt 4703 Sfmt 4703 NATIONAL SCIENCE FOUNDATION National Science Board; Sunshine Act Meetings; Notice (Subject Matter Revised From Earlier Notice) The National Science Board’s Task Force on Support of Mid-Scale and Multi-investigator Research, of the Committee on Programs and Plans, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n–5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice in regard to the scheduling of a teleconference meeting for the transaction of National Science Board business and other matters specified, as follows: DATE AND TIME: August 12, 2010, at 3 p.m. EDT. SUBJECT MATTER: Review and Discussion of Current Mid-Scale Research Funding Support at NSF, Review and Discussion of Draft charge to the Task Force on Support of Mid-Scale and Multiinvestigator Research, and Future Plans. STATUS: Open. LOCATION: This meeting will be held by teleconference originating at the National Science Board Office, National Science Foundation, 4201 Wilson Blvd., Arlington, VA 22230. A room will be available for the public to listen-in on this teleconference meeting. All visitors must contact the Board Office at least 24 hours prior to the meeting to arrange for a visitor’s badge and to obtain the room number. Call 703–292–7000 to request the room number and your badge, which will be ready for pick-up at the visitor’s desk on the day of the meeting. All visitors must report to the NSF visitor desk at the 9th and N. Stuart Streets entrance to receive their visitor’s badge on the day of the teleconference. UPDATES AND POINT OF CONTACT: Please refer to the National Science Board Web E:\FR\FM\05AUN1.SGM 05AUN1

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[Federal Register Volume 75, Number 150 (Thursday, August 5, 2010)]
[Notices]
[Pages 47312-47316]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19282]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Seminole Tribe of Florida Alcohol Beverage Control Act of 2009

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Amended Seminole Tribe of Florida 
Alcohol Beverage Control Act of 2009, Ordinance No. C-01-09. The 
Amended Ordinance regulates and controls the possession, sale, and 
consumption of liquor within the tribal lands. The last amendment to 
the liquor ordinance was published in 60 FR 53431. The tribal lands are 
located in Indian country and this Amended Ordinance allows for 
possession and sale of alcoholic beverages within their boundaries. The 
Amended Ordinance contains provisions requiring the Tribe to issue 
licenses to all businesses that intend to sell liquor and it requires 
proof that the applicant for a liquor license is licensed by the State 
of Florida to sell alcoholic beverages as well. This Amended Ordinance 
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 Amended Ordinance is effective on September 
7, 2010.

FOR FURTHER INFORMATION CONTACT: Chanda Joseph, Tribal Government 
Services Officer, Eastern Regional Office, 545 Marriott Drive, Suite 
700, Nashville, TN 37214, Telephone: (615) 564-6750, Fax (615) 564-
6552; or Elizabeth Colliflower, Office of Indian Services, 1849 C 
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 
513-7641.

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 Seminole 
Tribe of Florida adopted its Amended Alcohol Beverage Control Act by 
Resolution on June 18, 2009. The purpose of Amended Ordinance No. C-01-
09 is to govern the sale, possession, and distribution of alcohol 
within tribal lands of the Tribe.
    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 Tribal Council of the Seminole Tribe of 
Florida adopted its Alcohol Beverage Control Act of 2009, Ordinance No. 
C-01-09 on June 18, 2009.

    Dated: July 29, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.

    The Alcohol Beverage Control Act of the Seminole Tribe of Florida 
reads as follows:

Seminole Tribe of Florida Alcohol Beverage Control Act of 2009

Seminole Tribe of Florida Hollywood, Florida

    An Ordinance Relating to the Application of the Federal Liquor Laws

[[Page 47313]]

on the Florida Seminole Reservations and Trust Lands.
    Whereas, the Seminole Tribe of Florida, is an organized Indian 
Tribe as defined in Section 16 of the Act of June 18, 1934 (48 Stat. 
984) as amended by the Act of June 15, 1935 (49 Stat. 378); and
    Whereas, Public Law 277, 83rd Congress, approved August 15, 1953, 
provides that Sections 1154, 1156, 3113, 3488, and 3618 of Title 18, 
United States Code, as amended by Public Law No. 98-473, Section 223(b) 
replacing Section 3618 of Title 18 with Section 3669, commonly referred 
to as the Federal Indian Liquor Laws, shall not apply to any act or 
transaction within any area of Indian country provided such act or 
transaction is in conformity with both 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.
    Now Therefore Be It Ordained: By the Tribal Council of the Seminole 
Tribe of Florida that the provisions of this Ordinance shall apply on 
all Seminole Lands, as defined herein:

Section I. Introduction.

101. Title. This Ordinance shall be known as the ``Seminole Tribe of 
Florida Alcohol Beverage Control Act, herein after referred to as the 
``Ordinance''.
102. Authority. This Ordinance is enacted pursuant to the Act of August 
15, 1953 (Pub. L. 83-277, and 67 Stat. 588, 18 U.S.C. section 1161) and 
the Constitution of the Seminole Tribe of Florida approved on July 11, 
1957 and ratified on August 21, 1957 and applicable laws.
103. Purpose. The purpose of this Ordinance is to regulate and control 
the sale or possession of Alcoholic Beverages, as defined herein, 
within Seminole Lands.
104. Tribal Jurisdiction. The sale Alcoholic Beverages shall be lawful 
within Seminole Lands, provided that such sale is in conformity with 
the laws of the State of Florida and the provisions of this Ordinance.

Section II. Definitions.

    As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:

201. ``Alcoholic Beverage'' means distilled spirits and all beverages 
containing one-half of one percent or more alcohol by volume. The 
percentage of alcohol by volume shall be determined by measuring the 
volume of standard ethyl alcohol in the beverage and comparing it with 
the volume of the remainder of the ingredients as though the remainder 
of the ingredients were distilled water.
202. ``Entertainment Zone'' means the areas designated pursuant to 
Paragraph 402 where alcoholic beverages may be dispensed or sold up to 
24 hours per day, 7 days per week.
203. ``Tribal Council'' means the Tribal Council of the Seminole Tribe 
of Florida.
204. ``Seminole Lands'' means land legally titled in the name of the 
United States of America in trust for the Seminole Tribe of Florida, 
whether or not the same is in reservation status, as well as fee lands 
acquired by or for the Tribe and placed under the jurisdiction of the 
Tribe.
205. ``Distilled Spirits'' mean that substance known as ethyl alcohol, 
ethanol, or spirits of wine in any form, including all dilutions and 
mixtures thereof from whatever source or by whatever process produced.
206. ``Principal Owner'' with respect to a corporation or other legal 
entity shall refer to and mean any person or entity which, directly or 
indirectly, owns or controls a majority of shares or a controlling 
interest in any entity making application for an alcoholic beverage 
license or which will have operational control over the day to day 
operations of the applicant's business.
207. ``Sale'' and ``Sell'' means the exchange, barter, and traffic of 
Alcoholic Beverages by any person to any person.
208. ``Tribe'' means the Seminole Tribe of Florida.
209. ``Person'' means any natural person or business entity or 
organization.

Section III. Powers of Enforcement.

301. Powers and Duties Tribal Council. The Tribal Council, in 
furtherance of this Ordinance shall have the following powers and 
duties:
    a. To employ managers, accountants, security personnel, inspectors, 
and such other persons as shall be reasonably necessary to allow the 
Tribal Council to perform its functions under this Ordinance;
    b. To approve licenses permitting the sale of Alcoholic Beverages 
on Seminole Lands; and
    c. To hold hearings on violations of this Ordinance.
302. Powers and Duties Tribal Beverage Inspector (Environmental Health 
Officer). The enforcement of this Ordinance and violations thereof as 
set forth in Section VI of this Ordinance shall be as follows:
    a. The Tribal Beverage Inspector/Environmental Health Officer may 
inspect the premises on which Alcoholic Beverages are sold or 
distributed at any time during open business hours for the purposes of 
ascertaining whether this Ordinance is being followed.
    b. The Environmental Health Officer shall be empowered to issue 
citations for violations of this Ordinance.
    c. Real Estate Services Department shall be empowered to suspend 
any License upon notice of a violation by the Environmental Health 
Officer for which it is deemed appropriate to suspend the sale and 
service of alcoholic beverages.
    d. The Real Estate Services Department shall prepare Tribal Council 
resolutions and include background information regarding violations of 
this Ordinance for consideration regarding reinstatement of suspended 
licenses or revocation thereof.

Section IV. Sales of Alcoholic Beverages.

    Licenses Required. Sale of Alcoholic Beverages on Seminole Lands 
shall only be permitted by a holder of a license issued hereunder and 
at the licensed premises or by the Tribe at a location owned or 
operated by the Tribe.

401. Regulated Hours for the Sale of Alcoholic Beverages. Except as 
provided in Entertainment Zones established hereunder, alcoholic 
beverages may not be sold other than during approved hours prescribed 
and established by the Tribal Council.
402. The following areas are established as Entertainment Zones where 
alcoholic beverages may be sold up to 24 hours per day, 7 days per 
week:
    a. Hollywood Reservation--the premises commonly known as the 
Seminole Hard Rock Hotel & Casino--Hollywood, Seminole Paradise and the 
Seminole Indian Casino--Hollywood.
    b. Tampa Reservation--the premises commonly known as the Seminole 
Hard Rock Hotel & Casino--Tampa.
    c. Brighton Reservation--the premises commonly known as the 
Seminole Indian Casino--Brighton.
    d. Big Cypress Reservation--the

[[Page 47314]]

premises commonly known as the Seminole Indian Casino--Big Cypress.
    e. Immokalee Reservation--the premises commonly known as the 
Seminole Indian Casino--Immokalee.
    f. Coconut Creek Trust Property--That portion of the premises 
commonly known as the Seminole Indian Casino--Coconut Creek which is 
situated on Seminole Lands.

Section V. Licensing.

501. Tribal Alcoholic Beverage License Requirements. No Tribal license 
shall be issued under this Ordinance except upon a sworn application 
filed with the Tribe's Real Estate Services Department containing a 
full and complete showing of the following:
    a. Proof satisfactory to the Tribal Council that the applicant is 
not an officer or member of the Tribal Council or the Board of 
Directors of the Seminole Tribe of Florida, Inc.;
    b. Satisfactory proof that the applicant is duly licensed by the 
State of Florida to sell alcoholic beverages;
    c. Satisfactory proof, including a background check as conducted by 
the Tribe, that the applicant is of good character and reputation and 
that the applicant is financially responsible;
    d. the description of the premises in which the Alcoholic Beverages 
are to be sold and proof that the applicant has the right of occupancy 
of such premises for at least the term of the license;
    e. Agreement by the applicant to accept and abide by all conditions 
of the Ordinance;
    f. Payment of a non-refundable fee established from time to time by 
the Tribal Council. The initial fee shall be $250.00, but can be 
changed by Tribal Council resolution at any time;
    g. Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any Principal Owner, officer, shareholder, or 
director of the applicant, if an entity, has ever been convicted of a 
felony or a crime of moral turpitude as defined by the laws of the 
State of Florida.
502. Hearing on Application for Tribal Alcoholic Beverage License. All 
applications for a Tribal Alcoholic Beverage License shall be 
considered by the Tribal Council in open session at which the applicant 
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, by majority 
vote, shall determine whether to grant or deny the application based 
on: (1) Whether the requirements of Section 501 have been met; and (2) 
whether the Tribal Council, at its sole discretion, determines that 
granting the license is in the best interest of the Tribe. In the event 
that the applicant is a member of the immediate family of a Tribal 
Council member, such Tribal Council member shall not vote on the 
application as a Tribal Council member.
503. License Types.
    a. Annual--Other than Special Event Permits, the license shall be 
issued for a term not to exceed one (1) year and shall terminate on 
March 31 of each year.
    b. Special Event Permits--the Tribal Council or their designee may 
grant a temporary permit for the sale of Alcoholic Beverages for a 
period not to exceed three (3) days to any person applying to the same 
in connection with a Tribal or community activity, provided that the 
conditions prescribed in Section 504 of this Ordinance shall be 
observed by the permittee. Each permit issued shall specify the types 
of alcoholic beverages to be sold. Further, a fee of $50.00 will be 
assessed on temporary permits, which fee shall be subject to change by 
Tribal Council resolution.
504. Conditions of the Tribal Alcoholic Beverage License. Any Tribal 
Alcoholic Beverage 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 licensee shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    b. The licensed premises shall be subject to inspection by Tribal 
Beverage Inspector/Environmental Health Officer and such other law 
enforcement officials as may be authorized by applicable law and open 
to inspection by authorized Tribal officials at all times when 
alcoholic beverages are being served.
505. License Not a Property Right. Notwithstanding any other provision 
of this Ordinance, a Tribal Alcoholic Beverage license is a mere permit 
for a fixed duration of time. A Tribal Alcoholic Beverage license shall 
not be deemed a property right or vested right of any kind, nor shall 
the granting of said license give rise to a presumption of legal 
entitlement to a license/permit in a subsequent time period.
506. Assignment or Transfer. No Tribal Alcoholic Beverage issued under 
this Ordinance shall be assigned or transferred.

Section VI. Rules Regulations and Violations.

601. The violations under this Ordinance and the penalties for such 
violations are set forth on the Table of Violations and Penalties which 
is attached and made a part hereof by reference.

Section VII. License Fees.

701. Disposition of Fees. The fees collected by the Tribal Council from 
all licensing provided for under this Ordinance, or the imposition of 
civil penalties for violating this Ordinance shall be payable to the 
Seminole Tribe of Florida for deposit to the general fund of the Tribe 
in the Tribe's usual depository.

Section VIII. Severability and Miscellaneous.

801. Prior Enactments. Any and all prior ordinances, resolutions or 
enactments of the Tribal Council which are inconsistent with the 
provisions of this Ordinance shall be deemed repealed as of the 
Effective Date of this Ordinance.
802. Effective Date. This amended Ordinance becomes effective 30 days 
after the Secretary of the Interior certifies the Ordinance and 
publishes it in the Federal Register.
803. Sovereign Immunity. Nothing contained in this Ordinance is 
intended to in any way limit, alter, restrict, or waive the Tribe's 
sovereign immunity from unconsented suit or action.

[[Page 47315]]



                                                           Tables of Violations and Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                         Florida statute
             Violation                      reference            1st Occurrence         2nd Occurrence         3rd Occurrence         4th Occurrence
--------------------------------------------------------------------------------------------------------------------------------------------------------
Licensee not qualified to be issued  Florida Statute         Revocation...........
 an alcoholic beverage license.       Sections 561.15(3)
                                      and 561.29(f) and (g).
Failing to file required             Florida Statute         $500.................  $1000................  Revocation...........
 application.                         Sections 561.01(10),
                                      561.17, 561.33, and
                                      569.003.
                                                            --------------------------------------------------------------------------------------------
Failure to meet minimum              Florida Statute         $1000 and revocation without prejudice to obtain any other type of
 qualifications of special license    Section 561.20.         license, but with prejudice to obtain the same type of special
 or special events license.                                   license for 5 years.
                                                            --------------------------------------------------------------------------------------------
Maintaining a nuisance on the        Florida Statute         Revocation...........
 licensed premises.                   Section 561.29(1)(c).
Maintaining a premise that is        Florida Statute         Revocation...........
 unsanitary.                          Section 561.29(1)(d).
Unlawful transfer of ownership of    Florida Statute         Revocation...........
 license.                             Section 561.32(4).
Possession of beverages not          Florida Statute         $1000................  $2000................  $4000................  Revocation.
 permitted to be sold under license.  Section 562.02.
Sale off the licensed premises.....  Florida Statute         $500.................  $1000................  $2000................  Revocation.
                                      Section 562.06.
Misrepresentation of alcoholic       Florida Statute         $1000 and a 20-day     Revocation...........
 beverages.                           Section 561.061.        license suspension.
Sale, giving or serving alcoholic    Florida Statute         $1000 and a 7-day      $3000 and a 30-day     Revocation...........
 beverages to persons under the age   Section 562.11.         license suspension.    license suspension.
 of 21 or allowing them to consume
 alcoholic beverages.
Selling alcoholic beverages in a     Florida Statute         $500 or an amount      $1000 or an amount     $2000................  Revocation.
 manner not permitted by license or   Section 562.12.         equal to the correct   equal to the correct
 with expired license.                                        license fee,           license fee,
                                                              whichever is greater.  whichever is greater.
Conspiracy to violate the Tribe's    Florida Statute         $1000................  Revocation...........
 Ordinance.                           Section 562.23.
Refusing to admit authorized law     Florida Statute         $1000................  Revocation...........
 enforcement officers or division     Section 562.41(3).
 or tribal employees to licensed
 premises.
Forcefully obstructing a tribal,     Florida Statute         $1000 and a 30-day     Revocation...........
 division employee or law             Section 562.41(4).      suspension.
 enforcement officer.
Selling or serving alcoholic         Florida Statute         Revocation...........
 beverages after notice to close.     Section 562.454.
Adulterating liquor................  Florida Statute         Revocation...........
                                      Section 562.455.
Furnishing alcoholic beverages       Florida Statute         $1000 and 7-day        $2000 and 30-day       Revocation...........
 after notice to persons habitually   Section 562.50.         suspension.            suspension.
 addicted.
Discrimination in service of         Florida Statute         $1000................  $2000 and a 20-day     $4000 and a 30-day     Revocation.
 alcoholic beverages.                 Section 562.51.                                license suspension.    license suspension.
Prostitution; Lewd and lascivious    Florida Statute         $1000................  Revocation...........
 conduct on premises.                 Chapter 796.

[[Page 47316]]

 
Worthless check....................  Florida Statute         No future personal     20-day suspension and  Revocation...........
                                      Section 832.05.         checks to Tribe for    no future personal
                                                              3 years.               check to Tribe.
Perjury............................  Florida Statute         Revocation...........
                                      Chapter 837.
False information on application...  Florida Statute         Revocation...........
                                      Section 559.791.
Unlawful gambling..................  Florida Statute         $250 per.............  $500.................  $1000................  Revocation.
                                      Chapter 849.
Failure to maintain active state     ......................  Suspension for period  .....................  .....................  Revocation.
 license.                                                     of time during which
                                                              state licensure
                                                              inactive.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[FR Doc. 2010-19282 Filed 8-4-10; 8:45 am]
BILLING CODE 4310-4J-P