Alcoholic Beverage Control Ordinance of the Paiute Tribe of Utah, 22913-22917 [2011-9900]

Download as PDF Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices Dated: April 14, 2011. Allen Gina, Assistant Commissioner, Office of International Trade. [FR Doc. 2011–9960 Filed 4–22–11; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5484–N–13] Notice of Proposed Information Collection: Comment Request; Emergency Homeowners’ Loan Program Data Elements Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD. ACTION: Notice of proposed information collection. AGENCY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget (OMB) for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: Comments Due Date: June 24, 2011. SUMMARY: Interested persons are invited to submit comments regarding this proposal. Comments must be received within sixty (60) days from the date of this Notice. Comments should refer to the proposal by name/or OMB Control Number and should be sent to: Reports Liaison Officer, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410, Room 9120 or the number for the Federal Information Relay Service (1– 800–877–8339). FOR FURTHER INFORMATION CONTACT: Karin Hill, Director, Office of Single Family Housing, Program Development, U.S Department of Housing and Urban Development, 451 7th Street, SW., Washington, DC 20410, Room 9278, telephone (202) 402–2307. (This is not a toll-free number). Copies of the proposed forms and other available documents submitted to OMB may be obtained from Ms. Hill. SUPPLEMENTARY INFORMATION: The Department is submitting the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to: (1) Evaluate jdjones on DSKHWCL6B1PROD with NOTICES ADDRESSES: VerDate Mar<15>2010 15:21 Apr 22, 2011 Jkt 223001 whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: Title of Proposal: Emergency Homeowners’ Loan Program Data Elements. OMB Control Number, if applicable: 2502–0597. Description of the need for the information and proposed use: This information collection is necessary to determine applicant eligibility to receive mortgage relief assistance under the Emergency Homeowners’ Loan Program. This Notice informs the public that the U.S. Department of Housing and Urban Development (HUD) has submitted to OMB, an information collection package with respect to implementing the Emergency Homeowners’ Loan Program targeted to borrowers facing foreclosure. The Dodd-Frank Wall Street Reform and Consumer Protection Act, 2010 (Pub. L. 111–203, approved July 21, 2010, Sec 1496) appropriated $1billion to HUD to establish an Emergency Homeowner’s Relief Fund, pursuant to section 107 of the Emergency Housing Act of 1975, that will provide emergency mortgage assistance to homeowners that are at risk of foreclosure due to involuntary unemployment or underemployment due to an adverse economic or medical condition. Accordingly, HUD is implementing the Emergency Homeowners Loan Program (EHLP) that is designed to offer a declining balance, deferred payment ‘‘bridge loan’’ (nonrecourse, subordinate loan with zero interest) for up to $50,000 to assist eligible homeowners with payments of arrearages, including delinquent taxes and insurance. Additionally, EHLP maybe used to assist eligible homeowners with up to 24 months of monthly payments on their mortgage principal, interest, mortgage insurance premiums, taxes, and hazard insurance. Assistance will not exceed $50,000 per eligible homeowner. PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 22913 HUD will use two approaches to implement EHLP: (1) Provide allocations to States that currently have substantially similar programs to administer their mortgage relief funds directly; and (2) delegate key administrative functions to third party entities that will assist HUD with program implementation. The third party entities will be primarily responsible for application intake, eligibility screening, funds control, payment distribution, and note processing. Homeowners’(borrowers’) participation in the program is voluntary. However, to help determine eligibility for assistance borrowers must submit the required application information and loan documentation to demonstrate that they meet program eligibility guidelines to receive mortgage relief assistance through EHLP. Agency form numbers, if applicable: None. Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: The total number of respondents are estimated to be 36,264; the frequency of response (one time) for initial intake and an on-occasion response to re-certify changes in required eligibility data, the estimated time needed to prepare the response averages 3 hours ; and the total estimated annual burden hours are 108,792. Status of the proposed information collection: This is an extension of a currently approved collection. Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. Dated: April 20, 2011. Ronald Y. Spraker, Associate General Deputy Assistant Secretary for Housing. [FR Doc. 2011–9953 Filed 4–22–11; 8:45 am] BILLING CODE 4210–72–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Alcoholic Beverage Control Ordinance of the Paiute Tribe of Utah Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Alcoholic Beverage Control Ordinance of the Paiute Tribe of Utah (Tribe). The Ordinance regulates and controls the manufacture, distribution, possession, sale, service and consumption of liquor SUMMARY: E:\FR\FM\25APN1.SGM 25APN1 22914 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices on all lands within the exterior boundaries of the Tribe and its five (5) constituent Bands. This Ordinance will enhance the ability of the Tribe to control alcohol-related activities within the Tribe’s jurisdiction, and at the same time it will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal services. Effective Date: This Ordinance is effective on April 25, 2011. DATES: FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government Services Officer, Western Regional Office, P.O. Box 10, Phoenix, Arizona 85001, Telephone (602) 379–6786; Fax (602) 379–4100; or Elizabeth Colliflower, Office of Tribal Services, 1849 C Street, NW., MS 4513–MIB, Washington, DC 20240; Telephone: (202) 513–7640. 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 Paiute Indian Tribe of Utah adopted its Alcoholic Beverage Control Ordinance on June 1, 2010 and enacted Resolution No. 2010– 19 on June 1, 2010, requesting certification and publication of the Ordinance in the Federal Register by the Secretary of the Interior. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within all 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 this Alcoholic Beverage Control Ordinance was duly adopted by the Tribal Council of the Paiute Indian Tribe of Utah on June 1, 2010. jdjones on DSKHWCL6B1PROD with NOTICES SUPPLEMENTARY INFORMATION: Dated: March 21, 2011. Donald Laverdure, Principal Deputy Assistant Secretary—Indian Affairs. The Alcoholic Beverage Control Ordinance of the Paiute Indian Tribe of Utah reads as follows: VerDate Mar<15>2010 15:21 Apr 22, 2011 Jkt 223001 ALCOHOLIC BEVERAGE CONTROL ORDINANCE OF THE PAIUTE INDIAN TRIBE OF UTAH SECTION 1. TITLE This Ordinance shall be known as the Alcoholic Beverage Control Ordinance of the Paiute Indian Tribe of Utah. SECTION 2. FINDINGS AND PURPOSE A. The purpose of this Ordinance is to regulate and control the manufacture, distribution, possession, sale, service, and consumption of Alcoholic Beverages within all lands within the exterior boundaries of the Paiute Indian Tribe of Utah Reservation. The enactment of this Ordinance will enhance the ability of the Paiute Indian Tribe of Utah to control alcohol-related activities within the Tribe’s jurisdiction, and at the same time will provide an important source of revenue for the continued operation and strengthening of tribal government and the delivery of governmental services. B. The manufacture, distribution, possession, sale, service, and consumption of Alcoholic Beverages within the Paiute Indian Tribe of Utah Reservation are matters of significant concern and special interest to the Tribe. C. Federal law currently prohibits the introduction of liquor in Indian country (18 U.S.C. § 1154), except as provided therein, leaving tribes the decision regarding when and to what extent liquor transactions, sales, possession and service shall be permitted on their reservation (18 U.S.C. § 1161). D. This Ordinance is enacted pursuant to the Act of August 15, 1953, Pub. L. 83–277, 67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of the Tribal Council of the Paiute Indian Tribe of Utah under the Constitution of the Paiute Indian Tribe of Utah, Article V, Section 1. E. This Ordinance shall apply to all lands within the exterior boundaries of the Paiute Indian Tribe of Utah and its constituent Bands consistent with applicable federal Indian liquor laws. F. Authorized sales of Alcoholic Beverages on the Paiute Indian Tribe of Utah Reservation shall comply with State of Utah liquor law standards to the extent required by 18 U.S.C. § 1161. SECTION 3. DEFINITIONS As used in this Ordinance, the following words and phrases shall have the following meanings, unless the context clearly requires otherwise: A. ‘‘Alcoholic Beverage(s)’’ means and shall include beer, wine, and liquor, as herein defined. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 B. ‘‘Bands’’ means the five constituent Bands of the Paiute Indian Tribe of Utah, the Cedar Band of Paiutes, Kanosh Band of Paiutes, Koosharem Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits Band of Paiutes. ‘‘Band’’ means any one of the five constituent Bands. C. ‘‘Beer’’ means a product that contains at least 0.5% alcohol by volume, but not more than 4.0% alcohol by volume or 3.2% alcohol by weight, and is obtained by fermentation, infusion, or decoction of any malted grain. Such products may or may not contain hops or other vegetable products. ‘‘Beer’’ includes products referred to as light beer, malt liquor, or malted beverages. D. ‘‘Heavy beer’’ means a product that contains more than 4.0% alcohol by volume or 3.2% alcohol by weight and is obtained by fermentation, infusion, or decoction of malted grain. Heavy beer is considered liquor for purposes of this Ordinance. E. ‘‘Licensee’’ means a person or entity that holds an Off-Premise Beer Retail License, as herein defined, and includes any employee or agent of the Licensee. F. ‘‘Liquor’’ means alcohol, or an alcoholic, spirituous, vinous, fermented, malt, flavored malt beverage, or other liquid, or combination of liquids, a part of which is spirituous, vinous, or fermented, and all other drinks, or drinkable liquids, that contains at least 0.5% alcohol by volume and is suitable to use for beverage purposes. ‘‘Liquor’’ does not include any beverage defined as Beer. G. ‘‘Off-Premise Beer Retail License’’ shall mean a license issued by the Tribal Council of the Paiute Indian Tribe of Utah in accordance with Utah state law and this Ordinance. H. ‘‘Retailer’’ means a person engaged in the sale or distribution of an alcoholic beverage to a consumer. I. ‘‘Sale,’’ ‘‘sell’’ and ‘‘to sell’’ means a transaction, exchange, or barter whereby, for consideration, an alcoholic beverage is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as an agent, servant, or employee. J. ‘‘Tribal Council’’ shall mean the Tribal Council of the Paiute Indian Tribe of Utah, which is the supreme governing body of the Paiute Indian Tribe of Utah. K. ‘‘Tribal Land(s)’’ shall mean and reference the geographic area that includes all land included within the definition of ‘‘Indian country’’ as established and described by federal law E:\FR\FM\25APN1.SGM 25APN1 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices and that is under the jurisdiction of the Paiute Indian Tribe of Utah, including all tribally and Band owned trust lands located within same as are now in existence or may hereafter be added to. L. ‘‘Tribal Law’’ means the Constitution of the Paiute Indian Tribe of Utah and all laws, ordinances, codes, resolutions and regulations now and hereafter duly enacted by the Tribe. M. ‘‘Tribe’’ shall mean the Paiute Indian Tribe of Utah. N. ‘‘Wine’’ means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruits, plants, honey, or milk, or other like substance, whether or not another ingredient is added. SECTION 4. JURISDICTION This Ordinance is in conformity with the laws of the State of Utah as required by 18 U.S.C. § 1161. To the extent permitted by applicable law, the Paiute Indian Tribe of Utah asserts jurisdiction to determine whether Liquor sales and service are permitted within the exterior boundaries of the Paiute Indian Tribe of Utah Reservation. jdjones on DSKHWCL6B1PROD with NOTICES SECTION 5. RELATION TO OTHER LAWS All prior codes, ordinances, resolutions and motions of the Paiute Indian Tribe of Utah and its five constituent Bands authorizing, prohibiting, or in any way dealing with the sale or service of Alcoholic Beverages are hereby repealed and are of no further force or effect to the extent they are inconsistent or conflict with the provisions of this Ordinance. No tribal business licensing law or other Tribal Law shall be applied in a manner inconsistent with the provisions of this Ordinance. SECTION 6. COMPUTATION OF TIME Unless otherwise provided in this Ordinance, in computing the period of time prescribed or allowed by this Ordinance, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, Sunday, or a legal holiday. For the purposes of this Ordinance, the term ‘‘legal holiday’’ shall mean all legal holidays under tribal or federal law. All documents mailed shall be deemed served at the time of mailing. SECTION 7. AUTHORIZED SALE OF LIQUOR No person or entity shall sell Alcoholic Beverages on the Paiute Indian Tribe of Utah Reservation without the prior authorization of the VerDate Mar<15>2010 15:21 Apr 22, 2011 Jkt 223001 Tribal Council, as set forth in this Ordinance. The Tribal Council shall not authorize the sale of Alcoholic Beverages on the lands of a constituent Band without the express written request of the affected Band by duly adopted Band Resolution. SECTION 8. PROHIBITIONS A. General Prohibitions. The unauthorized sale and/or service of Liquor is prohibited within the Paiute Indian Tribe of Utah Reservation, and is hereby declared an offense under Tribal Law. Federal liquor laws applicable to Indian country shall remain applicable to any person, act or transaction which is not authorized by this Ordinance and violators of this Ordinance shall be subject to federal prosecution as well as to legal action in accordance with the law of the Paiute Indian Tribe of Utah. B. Age Restrictions. No person shall be authorized to sell or serve Liquor within the Paiute Indian Tribe of Utah Reservation unless he or she is at least twenty-one (21) years of age. No person may be served Liquor within the Paiute Indian Tribe of Utah Reservation unless he or she is at least twenty-one (21) years of age. Any person violating this Section shall be guilty of a separate violation of this Ordinance for each and every drink served. C. No Credit Liquor Sales. The sale of Liquor authorized by this Ordinance shall be upon a cash basis only. Payment for Liquor shall be by cash, credit card, or check. SECTION 9. LICENSING IN GENERAL Pursuant to Utah state law, a state license, issued by the Utah Department of Alcoholic Beverage Control, is required for the sale and service of Alcoholic Beverages within the state. However, a state license is not required for ‘‘to go’’ sales of Beer. Utah state law provides that only a local license is required for the sale of Beer for consumption off the premises. Accordingly, pursuant to Utah state law and this Ordinance, the Tribal Council shall have the authority to issue, suspend and revoke Off-Premise Beer Retail Licenses. All other licenses for the sale and/or service of Alcoholic Beverages on Tribal Lands must be issued by the State of Utah, with approval by the Tribe and the affected Band, and in accordance with federal, state, and Tribal Law, including this Ordinance. SECTION 10. OFF-PREMISE BEER RETAIL LICENSES As set forth in this Ordinance and in conformity with Utah state law, the Tribal Council shall have the authority PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 22915 to issue, suspend and revoke OffPremise Beer Retail Licenses. An OffPremise Beer Retail License shall entitle the Licensee to sell Beer on the licensed premises in original containers, of a size not to exceed two liters, for consumption off the premises. A. Eligibility. Only applicants operating on Tribal Lands shall be eligible to receive an Off-Premise Beer Retail License issued by the Tribe. B. Application for an Off-Premise Beer Retail License. 1. Application Process. Applicants meeting the eligibility requirements of this Ordinance, as well as applicable federal, state and/or Tribal Law, must apply to the Tribal Council for an OffPremise Beer Retail License. The applicant shall file a written application with the Tribal Council, in a form prescribed and approved by the Tribal Council. The application shall be accompanied by a nonrefundable application fee, as set by the Tribal Council, and such other information and/or documentation as the Tribal Council may require. 2. Action on the Application. The Tribal Council shall have the authority to deny, approve, or approve with conditions, an application for an OffPremise Beer Retail License or for the renewal of such license, consistent with the laws of the Tribe and with this Ordinance. 3. Denial of License or Renewal. An application may be denied for one or more of the following reasons. a. The applicant has materially misrepresented facts contained in the application; b. The applicant is presently not in compliance with this Ordinance or other tribal or federal law, or with the applicable laws of the State of Utah; c. The applicant has failed to complete the application properly, has failed to provide required information and/or documentation, and/or has failed to tender the appropriate fee; d. The Tribal Council finds that granting the license (or renewal thereof) would create a threat to the peace, safety, morals, health or welfare of the Tribe, and/or is otherwise not in the best interest of the Tribe or tribal members. 4. Temporary Denial. If the application is denied solely on the basis of Section 10–B–3(c), the Tribal Council shall, within fifteen (15) days of receipt of the application, issue a written notice of temporary denial to the applicant. Such notice shall set forth the reasons for denial and shall state that the denial will become permanent if the problem(s) is not corrected within E:\FR\FM\25APN1.SGM 25APN1 jdjones on DSKHWCL6B1PROD with NOTICES 22916 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices fifteen (15) days following receipt of the notice. 5. Cure. If an applicant is denied a license, the applicant may cure the deficiency and resubmit the application for consideration. Each re-submission will be treated as a new application for license or renewal of a license. 6. Investigation. Upon receipt of an application for the issuance or renewal of a license, the Tribal Council shall make a thorough investigation to determine whether the applicant and the premises for which a license is applied qualify for a license and whether the provisions of this Ordinance have been complied with. 7. Term and Renewal of License. Each license shall be issued for a period not to exceed one (1) year from the original date of issuance and may be renewed thereafter on a year-to-year basis, in compliance with this Ordinance and any rules and/or regulations hereafter adopted by the Tribe. The applicant shall renew a license by, not less than sixty (60) days prior to the expiration of the license, submitting a written renewal application to the Tribal Council on the prescribed form. 8. Posting of License. The Licensee shall post and keep posted its OffPremise Beer Retail License on the licensed premises. C. Prohibited Actions. It shall be unlawful for any person to sell Beer for off-premises consumption without first having obtained an Off-Premise Beer Retail License from the Tribe. It shall also be unlawful for an Off-Premise Beer Retail Licensee to permit the consumption of Beer or other Alcoholic Beverages on the licensed premises. D. No Employment of Minors. The Licensee shall not employ any person at the licensed premises at which Beer is sold unless the person to be employed is at least twenty-one (21) years of age. E. Alcohol Training and Education. The Tribe shall require the Licensee of an Off-Premise Beer Retail License to comply with the requirements of Utah state law regarding alcohol training and education for off-premise consumption, including Utah Code Ann. §§ 32A–10– 103 and 62A–15–401. F. Separation of Alcoholic Beverages from Non-Alcoholic Beverages. In accordance with Utah Code Ann. § 32A– 10–102(5) and R81–10–1, an OffPremise Beer Retailer must display Beer products in an area that is visibly separate and distinct from the area where non-alcoholic beverages are displayed. G. Required Signage. A Licensee holding a Off-Premise Beer Retail License shall conform with the sign requirements of applicable Utah state VerDate Mar<15>2010 15:21 Apr 22, 2011 Jkt 223001 law, including Utah Code Ann. § 32A10–102(5) and R81–10–1. H. Tribe’s Right to Inspect. The Tribe shall have the right to inspect the licensed premises during regular business hours for the purpose of insuring the Licensee’s compliance with all provisions of this Ordinance and other applicable law. I. Record requirements. Holders of Off-Premise Beer Retail Licenses shall maintain records which shall disclose the gross sale of Beer during each and every year. Such records shall be available for inspection and audit by the Tribe at any time following the end of each year and for eighteen (18) months thereafter. Failure of a Licensee to properly maintain the required records or failure to submit such records for inspection and audit shall be cause for suspension or revocation of an OffPremise Beer Retail License. J. Conformity with State Law. A Licensee holding an Off-Premise Beer Retail License issued by the Tribe shall conform with all applicable Utah state law, including, but not limited to, those provisions of Utah state law specifically described and referenced in this Ordinance. SECTION 11. PENALTIES Any person or entity found to be in violation of this Ordinance, including any lawful rule or regulation promulgated pursuant thereto, and/or other applicable federal, state or Tribal Law, shall be subject to penalties, including, but not limited to, suspension or revocation of the license by the Tribal Council. Violations 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 schedule of fines for each violation, taking into account the severity of the offense and threat the violation may pose to the general health and welfare. Such schedule may also provide for the imposition of increased monetary penalties for repeated violations. The civil penalties provided for in this section shall be in addition to any criminal penalties that may be imposed under applicable law. SECTION 12. COLLECTION OF APPLICABLE FEES, TAXES AND/OR FINES The Tribal Council shall have the authority to collect all applicable and lawful fees, taxes, and/or fines from person or Licensee as imposed under this Ordinance. PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 SECTION 13. REQUEST FOR RECONSIDERATION Any person or entity may request reconsideration of the Tribal Council’s decision to deny an application, approve an application with conditions, deny a request for renewal, or revoke a license by formally submitting a written request for reconsideration to the Tribal Council. The Tribal Council shall respond to any such request for reconsideration within fifteen (15) days. The applicant shall have the right to present witnesses to testify and to present written documents in support of his or her position. The Tribal Council shall render its decision within sixty (60) days after the date of the hearing. The decision of the Tribal Council shall be final. SECTION 14. SOVEREIGN IMMUNITY PRESERVED Nothing in this Ordinance is intended as or shall be construed as a waiver of the sovereign immunity of the Tribe. SECTION 15. LIBERAL CONSTRUCTION Provisions of this Ordinance shall be liberally construed to achieve the purposes set forth, whether clearly stated or apparent from the context of the language used herein. SECTION 16. SEVERABILITY If any provision or provisions of this Ordinance is/are held invalid by a court of competent jurisdiction, this Ordinance shall continue in effect as if the invalid provision(s) was/were not a part hereof. SECTION 17. EFFECTIVE DATE This Ordinance shall be effective following approval by the Paiute Indian Tribe of Utah Tribal Council and approval by the Secretary of the Interior or his/her designee and publication in the Federal Register as provided by federal law. ENACTMENT BE IT ORDAINED BY THE TRIBAL COUNCIL OF THE PAIUTE INDIAN TRIBE OF UTAH: That this Alcoholic Beverage Control Ordinance of the Paiute Indian Tribe of Utah was fully considered by the Tribal Council at a duly called meeting, at which a quorum was present and that the same was passed by a vote of 5 in favor, 0 opposed, 0 abstained, and 0 absent this 1 day of June, 2010. /s/ lllllllllllllllllll Jeanine Borchardt, Tribal Chairwoman ATTEST: /s/ lllllllllllllllllll E:\FR\FM\25APN1.SGM 25APN1 Federal Register / Vol. 76, No. 79 / Monday, April 25, 2011 / Notices Patrick Charles, Tribal Council Secretary Dated: March 9, 2011. Patricia L. Neubacher, Acting Regional Director, Pacific West Region. [FR Doc. 2011–9900 Filed 4–22–11; 8:45 am] BILLING CODE 4310–4J–P [FR Doc. 2011–9889 Filed 4–22–11; 8:45 am] BILLING CODE 4312–FN–P DEPARTMENT OF THE INTERIOR 22917 Engine Company 31, (Firehouses in Washington DC MPS) 4930 Connecticut Ave., NW., Washington, 11000285 Fire Department Headquarters—Fire Alarm Headquarters, (Firehouses in Washington DC MPS) 300 McMillan Dr., NW., Washington, 11000286 National Park Service DEPARTMENT OF THE INTERIOR FLORIDA [NPS–PWR–PWRO-–0315–696; 8145–8B90– SZM] National Park Service Miami-Dade County [NPS–WASO–NRNHL–0411–7141; 2280– 665] Lincoln Road Mall, 400–1100 Lincoln Rd., Washington Ave. to Alton Rd., Miami Beach, 11000287 Dog Management Plan/Draft Environmental Impact Statement, Golden Gate National Recreation Area, California AGENCY: National Park Service, Interior. Notice of extended public comment period for Draft Environmental Impact Statement/Dog Management Plan, Golden Gate National Recreation Area. ACTION: The National Park Service has prepared a Draft Dog Management Plan and Environmental Impact Statement (Plan/DEIS). The Plan/DEIS evaluates six alternatives for dog management in 21 areas of Golden Gate National Recreation Area (GGNRA). The original Notice of Availability (published in the Federal Register on January 20, 2011) announced a 90-day public comment period. In recognition of the complexity of the document and with deference to interest from the public and interested organizations, the comment period has been extended for an additional 45 days. SUMMARY: It will not be necessary for individuals, organizations, and agencies that have already commented to do so again. All other comments must now be postmarked or transmitted no later than May 30, 2011. Respondents wishing to comment electronically may do so online (http://parkplanning.nps.gov/ dogplan), or letters may be submitted via regular mail to: Frank Dean, General Superintendent, GGNRA, Ft. Mason, Bldg. 201, San Francisco, CA 94123. Upto-date information may be obtained by contacting GGNRA at (415) 561–4947. 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. jdjones on DSKHWCL6B1PROD with NOTICES SUPPLEMENTAL INFORMATION: VerDate Mar<15>2010 15:21 Apr 22, 2011 Jkt 223001 National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before April 9, 2011. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., MS 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by May 10, 2011. 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. J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program. KANSAS Ellis County Chestnut Street Historic District (Boundary Increase), 1302 Main St., Hays, 11000288 NEW YORK Essex County Wells Memorial Library, 12230 NY 9N, Upper Jay, 11000289 Otsego County Gilbertsville Water Works, Reservoir Rd., Gilbertsville, 11000290 Rockland County Christ Church, 416 Valentine Ave., Sparkill, 11000291 Ferdon, William, House, 270 Ferdon Ave., Piermont, 11000292 St. Lawrence County Young Memorial Church, Jct. of School St. & NY 37, Brier Hill, 11000293 NORTH CAROLINA Catawba County Ridgeview Public Library, 415 1st St., SW., Hickory, 11000294 OREGON Klamath County Klamath County Armory & Auditorium, 1451 Main St., Klamath Falls, 11000295 VERMONT Bennington County Holden—Leonard Workers Housing Historic District, 121–139, 124–150 Benmont Ave. & 105–115, 117–123 Holden St., Bennington, 11000296 VIRGINIA DISTRICT OF COLUMBIA Richmond Independent City District of Columbia Engine Company 16—Truck Company 3, (Firehouses in Washington DC MPS) 1018 13th St., NW., Washington, 11000281 Engine Company 22, (Firehouses in Washington DC MPS) 5760 Georgia Ave., NW., Washington, 11000282 Engine Company 26, (Firehouses in Washington DC MPS) 1340 Rhode Island Ave., NW., Washington, 11000283 Engine Company 27, (Firehouses in Washington DC MPS) 4201 Minnesota Ave., NE., Washington, 11000284 Washington, George, Building, 1100 Bank St., Richmond (Independent City), 11000297 A request for REMOVAL has been made for the following resource: PO 00000 Frm 00056 Fmt 4703 Sfmt 9990 NEW JERSEY Bergen County Anderson Street Station (Operating Passenger Railroad Stations TR) Anderson St., Hackensack, 84002520 [FR Doc. 2011–9887 Filed 4–22–11; 8:45 am] BILLING CODE 4312–51–P E:\FR\FM\25APN1.SGM 25APN1

Agencies

[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Notices]
[Pages 22913-22917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9900]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Alcoholic Beverage Control Ordinance of the Paiute Tribe of Utah

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Alcoholic Beverage Control Ordinance 
of the Paiute Tribe of Utah (Tribe). The Ordinance regulates and 
controls the manufacture, distribution, possession, sale, service and 
consumption of liquor

[[Page 22914]]

on all lands within the exterior boundaries of the Tribe and its five 
(5) constituent Bands. This Ordinance will enhance the ability of the 
Tribe to control alcohol-related activities within the Tribe's 
jurisdiction, and at the same time it 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 on April 25, 2011.

FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government 
Services Officer, Western Regional Office, P.O. Box 10, Phoenix, 
Arizona 85001, Telephone (602) 379-6786; Fax (602) 379-4100; or 
Elizabeth Colliflower, Office of Tribal Services, 1849 C Street, NW., 
MS 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 Paiute Indian 
Tribe of Utah adopted its Alcoholic Beverage Control Ordinance on June 
1, 2010 and enacted Resolution No. 2010-19 on June 1, 2010, requesting 
certification and publication of the Ordinance in the Federal Register 
by the Secretary of the Interior. The purpose of this Ordinance is to 
govern the sale, possession and distribution of alcohol within all 
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 this Alcoholic Beverage Control Ordinance was 
duly adopted by the Tribal Council of the Paiute Indian Tribe of Utah 
on June 1, 2010.

    Dated: March 21, 2011.
Donald Laverdure,
Principal Deputy Assistant Secretary--Indian Affairs.
    The Alcoholic Beverage Control Ordinance of the Paiute Indian Tribe 
of Utah reads as follows:

ALCOHOLIC BEVERAGE CONTROL ORDINANCE OF THE PAIUTE INDIAN TRIBE OF UTAH

SECTION 1. TITLE

    This Ordinance shall be known as the Alcoholic Beverage Control 
Ordinance of the Paiute Indian Tribe of Utah.

SECTION 2. FINDINGS AND PURPOSE

    A. The purpose of this Ordinance is to regulate and control the 
manufacture, distribution, possession, sale, service, and consumption 
of Alcoholic Beverages within all lands within the exterior boundaries 
of the Paiute Indian Tribe of Utah Reservation. The enactment of this 
Ordinance will enhance the ability of the Paiute Indian Tribe of Utah 
to control alcohol-related activities within the Tribe's jurisdiction, 
and at the same time will provide an important source of revenue for 
the continued operation and strengthening of tribal government and the 
delivery of governmental services.
    B. The manufacture, distribution, possession, sale, service, and 
consumption of Alcoholic Beverages within the Paiute Indian Tribe of 
Utah Reservation are matters of significant concern and special 
interest to the Tribe.
    C. Federal law currently prohibits the introduction of liquor in 
Indian country (18 U.S.C. Sec.  1154), except as provided therein, 
leaving tribes the decision regarding when and to what extent liquor 
transactions, sales, possession and service shall be permitted on their 
reservation (18 U.S.C. Sec.  1161).
    D. This Ordinance is enacted pursuant to the Act of August 15, 
1953, Pub. L. 83-277, 67 Stat. 586, codified at 18 U.S.C. 1161, by the 
authority of the Tribal Council of the Paiute Indian Tribe of Utah 
under the Constitution of the Paiute Indian Tribe of Utah, Article V, 
Section 1.
    E. This Ordinance shall apply to all lands within the exterior 
boundaries of the Paiute Indian Tribe of Utah and its constituent Bands 
consistent with applicable federal Indian liquor laws.
    F. Authorized sales of Alcoholic Beverages on the Paiute Indian 
Tribe of Utah Reservation shall comply with State of Utah liquor law 
standards to the extent required by 18 U.S.C. Sec.  1161.

SECTION 3. DEFINITIONS

    As used in this Ordinance, the following words and phrases shall 
have the following meanings, unless the context clearly requires 
otherwise:
    A. ``Alcoholic Beverage(s)'' means and shall include beer, wine, 
and liquor, as herein defined.
    B. ``Bands'' means the five constituent Bands of the Paiute Indian 
Tribe of Utah, the Cedar Band of Paiutes, Kanosh Band of Paiutes, 
Koosharem Band of Paiutes, Indian Peaks Band of Paiutes, and Shivwits 
Band of Paiutes. ``Band'' means any one of the five constituent Bands.
    C. ``Beer'' means a product that contains at least 0.5% alcohol by 
volume, but not more than 4.0% alcohol by volume or 3.2% alcohol by 
weight, and is obtained by fermentation, infusion, or decoction of any 
malted grain. Such products may or may not contain hops or other 
vegetable products. ``Beer'' includes products referred to as light 
beer, malt liquor, or malted beverages.
    D. ``Heavy beer'' means a product that contains more than 4.0% 
alcohol by volume or 3.2% alcohol by weight and is obtained by 
fermentation, infusion, or decoction of malted grain. Heavy beer is 
considered liquor for purposes of this Ordinance.
    E. ``Licensee'' means a person or entity that holds an Off-Premise 
Beer Retail License, as herein defined, and includes any employee or 
agent of the Licensee.
    F. ``Liquor'' means alcohol, or an alcoholic, spirituous, vinous, 
fermented, malt, flavored malt beverage, or other liquid, or 
combination of liquids, a part of which is spirituous, vinous, or 
fermented, and all other drinks, or drinkable liquids, that contains at 
least 0.5% alcohol by volume and is suitable to use for beverage 
purposes. ``Liquor'' does not include any beverage defined as Beer.
    G. ``Off-Premise Beer Retail License'' shall mean a license issued 
by the Tribal Council of the Paiute Indian Tribe of Utah in accordance 
with Utah state law and this Ordinance.
    H. ``Retailer'' means a person engaged in the sale or distribution 
of an alcoholic beverage to a consumer.
    I. ``Sale,'' ``sell'' and ``to sell'' means a transaction, 
exchange, or barter whereby, for consideration, an alcoholic beverage 
is either directly or indirectly transferred, solicited, ordered, 
delivered for value, or by a means or under a pretext is promised or 
obtained, whether done by a person as a principal, proprietor, or as an 
agent, servant, or employee.
    J. ``Tribal Council'' shall mean the Tribal Council of the Paiute 
Indian Tribe of Utah, which is the supreme governing body of the Paiute 
Indian Tribe of Utah.
    K. ``Tribal Land(s)'' shall mean and reference the geographic area 
that includes all land included within the definition of ``Indian 
country'' as established and described by federal law

[[Page 22915]]

and that is under the jurisdiction of the Paiute Indian Tribe of Utah, 
including all tribally and Band owned trust lands located within same 
as are now in existence or may hereafter be added to.
    L. ``Tribal Law'' means the Constitution of the Paiute Indian Tribe 
of Utah and all laws, ordinances, codes, resolutions and regulations 
now and hereafter duly enacted by the Tribe.
    M. ``Tribe'' shall mean the Paiute Indian Tribe of Utah.
    N. ``Wine'' means an alcoholic beverage obtained by the 
fermentation of the natural sugar content of fruits, plants, honey, or 
milk, or other like substance, whether or not another ingredient is 
added.

SECTION 4. JURISDICTION

    This Ordinance is in conformity with the laws of the State of Utah 
as required by 18 U.S.C. Sec.  1161. To the extent permitted by 
applicable law, the Paiute Indian Tribe of Utah asserts jurisdiction to 
determine whether Liquor sales and service are permitted within the 
exterior boundaries of the Paiute Indian Tribe of Utah Reservation.

SECTION 5. RELATION TO OTHER LAWS

    All prior codes, ordinances, resolutions and motions of the Paiute 
Indian Tribe of Utah and its five constituent Bands authorizing, 
prohibiting, or in any way dealing with the sale or service of 
Alcoholic Beverages are hereby repealed and are of no further force or 
effect to the extent they are inconsistent or conflict with the 
provisions of this Ordinance. No tribal business licensing law or other 
Tribal Law shall be applied in a manner inconsistent with the 
provisions of this Ordinance.

SECTION 6. COMPUTATION OF TIME

    Unless otherwise provided in this Ordinance, in computing the 
period of time prescribed or allowed by this Ordinance, the day of the 
act, event or default from which the designated period of time begins 
to run shall not be included. The last day of the period so computed 
shall be included, unless it is a Saturday, Sunday, or a legal holiday. 
For the purposes of this Ordinance, the term ``legal holiday'' shall 
mean all legal holidays under tribal or federal law. All documents 
mailed shall be deemed served at the time of mailing.

SECTION 7. AUTHORIZED SALE OF LIQUOR

    No person or entity shall sell Alcoholic Beverages on the Paiute 
Indian Tribe of Utah Reservation without the prior authorization of the 
Tribal Council, as set forth in this Ordinance. The Tribal Council 
shall not authorize the sale of Alcoholic Beverages on the lands of a 
constituent Band without the express written request of the affected 
Band by duly adopted Band Resolution.

SECTION 8. PROHIBITIONS

    A. General Prohibitions. The unauthorized sale and/or service of 
Liquor is prohibited within the Paiute Indian Tribe of Utah 
Reservation, and is hereby declared an offense under Tribal Law. 
Federal liquor laws applicable to Indian country shall remain 
applicable to any person, act or transaction which is not authorized by 
this Ordinance and violators of this Ordinance shall be subject to 
federal prosecution as well as to legal action in accordance with the 
law of the Paiute Indian Tribe of Utah.
    B. Age Restrictions. No person shall be authorized to sell or serve 
Liquor within the Paiute Indian Tribe of Utah Reservation unless he or 
she is at least twenty-one (21) years of age. No person may be served 
Liquor within the Paiute Indian Tribe of Utah Reservation unless he or 
she is at least twenty-one (21) years of age. Any person violating this 
Section shall be guilty of a separate violation of this Ordinance for 
each and every drink served.
    C. No Credit Liquor Sales. The sale of Liquor authorized by this 
Ordinance shall be upon a cash basis only. Payment for Liquor shall be 
by cash, credit card, or check.

SECTION 9. LICENSING IN GENERAL

    Pursuant to Utah state law, a state license, issued by the Utah 
Department of Alcoholic Beverage Control, is required for the sale and 
service of Alcoholic Beverages within the state. However, a state 
license is not required for ``to go'' sales of Beer. Utah state law 
provides that only a local license is required for the sale of Beer for 
consumption off the premises. Accordingly, pursuant to Utah state law 
and this Ordinance, the Tribal Council shall have the authority to 
issue, suspend and revoke Off-Premise Beer Retail Licenses. All other 
licenses for the sale and/or service of Alcoholic Beverages on Tribal 
Lands must be issued by the State of Utah, with approval by the Tribe 
and the affected Band, and in accordance with federal, state, and 
Tribal Law, including this Ordinance.

SECTION 10. OFF-PREMISE BEER RETAIL LICENSES

    As set forth in this Ordinance and in conformity with Utah state 
law, the Tribal Council shall have the authority to issue, suspend and 
revoke Off-Premise Beer Retail Licenses. An Off-Premise Beer Retail 
License shall entitle the Licensee to sell Beer on the licensed 
premises in original containers, of a size not to exceed two liters, 
for consumption off the premises.
    A. Eligibility. Only applicants operating on Tribal Lands shall be 
eligible to receive an Off-Premise Beer Retail License issued by the 
Tribe.
    B. Application for an Off-Premise Beer Retail License.
    1. Application Process. Applicants meeting the eligibility 
requirements of this Ordinance, as well as applicable federal, state 
and/or Tribal Law, must apply to the Tribal Council for an Off-Premise 
Beer Retail License. The applicant shall file a written application 
with the Tribal Council, in a form prescribed and approved by the 
Tribal Council. The application shall be accompanied by a nonrefundable 
application fee, as set by the Tribal Council, and such other 
information and/or documentation as the Tribal Council may require.
    2. Action on the Application. The Tribal Council shall have the 
authority to deny, approve, or approve with conditions, an application 
for an Off-Premise Beer Retail License or for the renewal of such 
license, consistent with the laws of the Tribe and with this Ordinance.
    3. Denial of License or Renewal. An application may be denied for 
one or more of the following reasons.
    a. The applicant has materially misrepresented facts contained in 
the application;
    b. The applicant is presently not in compliance with this Ordinance 
or other tribal or federal law, or with the applicable laws of the 
State of Utah;
    c. The applicant has failed to complete the application properly, 
has failed to provide required information and/or documentation, and/or 
has failed to tender the appropriate fee;
    d. The Tribal Council finds that granting the license (or renewal 
thereof) would create a threat to the peace, safety, morals, health or 
welfare of the Tribe, and/or is otherwise not in the best interest of 
the Tribe or tribal members.
    4. Temporary Denial. If the application is denied solely on the 
basis of Section 10-B-3(c), the Tribal Council shall, within fifteen 
(15) days of receipt of the application, issue a written notice of 
temporary denial to the applicant. Such notice shall set forth the 
reasons for denial and shall state that the denial will become 
permanent if the problem(s) is not corrected within

[[Page 22916]]

fifteen (15) days following receipt of the notice.
    5. Cure. If an applicant is denied a license, the applicant may 
cure the deficiency and resubmit the application for consideration. 
Each re-submission will be treated as a new application for license or 
renewal of a license.
    6. Investigation. Upon receipt of an application for the issuance 
or renewal of a license, the Tribal Council shall make a thorough 
investigation to determine whether the applicant and the premises for 
which a license is applied qualify for a license and whether the 
provisions of this Ordinance have been complied with.
    7. Term and Renewal of License. Each license shall be issued for a 
period not to exceed one (1) year from the original date of issuance 
and may be renewed thereafter on a year-to-year basis, in compliance 
with this Ordinance and any rules and/or regulations hereafter adopted 
by the Tribe. The applicant shall renew a license by, not less than 
sixty (60) days prior to the expiration of the license, submitting a 
written renewal application to the Tribal Council on the prescribed 
form.
    8. Posting of License. The Licensee shall post and keep posted its 
Off-Premise Beer Retail License on the licensed premises.
    C. Prohibited Actions. It shall be unlawful for any person to sell 
Beer for off-premises consumption without first having obtained an Off-
Premise Beer Retail License from the Tribe. It shall also be unlawful 
for an Off-Premise Beer Retail Licensee to permit the consumption of 
Beer or other Alcoholic Beverages on the licensed premises.
    D. No Employment of Minors. The Licensee shall not employ any 
person at the licensed premises at which Beer is sold unless the person 
to be employed is at least twenty-one (21) years of age.
    E. Alcohol Training and Education. The Tribe shall require the 
Licensee of an Off-Premise Beer Retail License to comply with the 
requirements of Utah state law regarding alcohol training and education 
for off-premise consumption, including Utah Code Ann. Sec. Sec.  32A-
10-103 and 62A-15-401.
    F. Separation of Alcoholic Beverages from Non-Alcoholic Beverages. 
In accordance with Utah Code Ann. Sec.  32A-10-102(5) and R81-10-1, an 
Off-Premise Beer Retailer must display Beer products in an area that is 
visibly separate and distinct from the area where non-alcoholic 
beverages are displayed.
    G. Required Signage. A Licensee holding a Off-Premise Beer Retail 
License shall conform with the sign requirements of applicable Utah 
state law, including Utah Code Ann. Sec.  32A10-102(5) and R81-10-1.
    H. Tribe's Right to Inspect. The Tribe shall have the right to 
inspect the licensed premises during regular business hours for the 
purpose of insuring the Licensee's compliance with all provisions of 
this Ordinance and other applicable law.
    I. Record requirements. Holders of Off-Premise Beer Retail Licenses 
shall maintain records which shall disclose the gross sale of Beer 
during each and every year. Such records shall be available for 
inspection and audit by the Tribe at any time following the end of each 
year and for eighteen (18) months thereafter. Failure of a Licensee to 
properly maintain the required records or failure to submit such 
records for inspection and audit shall be cause for suspension or 
revocation of an Off-Premise Beer Retail License.
    J. Conformity with State Law. A Licensee holding an Off-Premise 
Beer Retail License issued by the Tribe shall conform with all 
applicable Utah state law, including, but not limited to, those 
provisions of Utah state law specifically described and referenced in 
this Ordinance.

SECTION 11. PENALTIES

    Any person or entity found to be in violation of this Ordinance, 
including any lawful rule or regulation promulgated pursuant thereto, 
and/or other applicable federal, state or Tribal Law, shall be subject 
to penalties, including, but not limited to, suspension or revocation 
of the license by the Tribal Council. Violations 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 schedule 
of fines for each violation, taking into account the severity of the 
offense and threat the violation may pose to the general health and 
welfare. Such schedule may also provide for the imposition of increased 
monetary penalties for repeated violations. The civil penalties 
provided for in this section shall be in addition to any criminal 
penalties that may be imposed under applicable law.

SECTION 12. COLLECTION OF APPLICABLE FEES, TAXES AND/OR FINES

    The Tribal Council shall have the authority to collect all 
applicable and lawful fees, taxes, and/or fines from person or Licensee 
as imposed under this Ordinance.

SECTION 13. REQUEST FOR RECONSIDERATION

    Any person or entity may request reconsideration of the Tribal 
Council's decision to deny an application, approve an application with 
conditions, deny a request for renewal, or revoke a license by formally 
submitting a written request for reconsideration to the Tribal Council. 
The Tribal Council shall respond to any such request for 
reconsideration within fifteen (15) days. The applicant shall have the 
right to present witnesses to testify and to present written documents 
in support of his or her position. The Tribal Council shall render its 
decision within sixty (60) days after the date of the hearing. The 
decision of the Tribal Council shall be final.

SECTION 14. SOVEREIGN IMMUNITY PRESERVED

    Nothing in this Ordinance is intended as or shall be construed as a 
waiver of the sovereign immunity of the Tribe.

SECTION 15. LIBERAL CONSTRUCTION

    Provisions of this Ordinance shall be liberally construed to 
achieve the purposes set forth, whether clearly stated or apparent from 
the context of the language used herein.

SECTION 16. SEVERABILITY

    If any provision or provisions of this Ordinance is/are held 
invalid by a court of competent jurisdiction, this Ordinance shall 
continue in effect as if the invalid provision(s) was/were not a part 
hereof.

SECTION 17. EFFECTIVE DATE

    This Ordinance shall be effective following approval by the Paiute 
Indian Tribe of Utah Tribal Council and approval by the Secretary of 
the Interior or his/her designee and publication in the Federal 
Register as provided by federal law.

ENACTMENT

    BE IT ORDAINED BY THE TRIBAL COUNCIL OF THE PAIUTE INDIAN TRIBE OF 
UTAH: That this Alcoholic Beverage Control Ordinance of the Paiute 
Indian Tribe of Utah was fully considered by the Tribal Council at a 
duly called meeting, at which a quorum was present and that the same 
was passed by a vote of 5 in favor, 0 opposed, 0 abstained, and 0 
absent this 1 day of June, 2010.

/s/--------------------------------------------------------------------
Jeanine Borchardt, Tribal Chairwoman

ATTEST:
/s/--------------------------------------------------------------------

[[Page 22917]]

Patrick Charles, Tribal Council Secretary

[FR Doc. 2011-9900 Filed 4-22-11; 8:45 am]
BILLING CODE 4310-4J-P