Alcoholic Beverage Control Ordinance of the Paiute Tribe of Utah, 22913-22917 [2011-9900]
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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
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ADDRESSES:
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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.
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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:
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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.
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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:
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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:
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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 (https://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
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]]>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.
-----------------------------------------------------------------------
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
