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

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[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]


=======================================================================
-----------------------------------------------------------------------

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