Coushatta Tribe of Louisiana-Alcoholic Beverage Control Ordinance, 10545-10547 [2012-4029]
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
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Dated February 15, 2012.
John H. DeYoung, Jr.,
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Center, U.S. Geological Survey.
10545
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Coushatta Tribal Council adopted
the Ordinance, by Coushatta Tribe of
Louisiana Tribal Council Resolution No.
2011–32, on March 30, 2011.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that the Tribal Council duly
adopted the Coushatta Tribe of
Louisiana Alcoholic Beverage Control
Ordinance on March 30, 2011.
Dated: February 13, 2012.
Larry Echo Hawk,
Assistant Secretary, Indian Affairs .
BILLING CODE 4311–AM–P
The Coushatta Tribe of Louisiana
Alcoholic Beverage Control Ordinance
reads as follows:
DEPARTMENT OF THE INTERIOR
Section 1. Title
Bureau of Indian Affairs
Coushatta Tribe of Louisiana—
Alcoholic Beverage Control Ordinance
This Ordinance shall be known as the
Coushatta Tribe of Louisiana Alcoholic
Beverage Control Ordinance.
Section 2. Purpose
[FR Doc. 2012–4038 Filed 2–21–12; 8:45 am]
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Coushatta Tribe of Louisiana Alcoholic
Beverage Control Ordinance. The
Ordinance regulates and controls the
possession, sale and consumption of
liquor within the Coushatta Tribe’s
Indian country. This Ordinance will
increase the ability of the tribal
government to control the distribution
and possession of liquor within its
reservation and at the same time will
provide an important source of revenue
and strengthening of the tribal
government and the delivery of tribal
services.
SUMMARY:
Effective Date: This Act is
effective as of February 22, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Chanda M. Joseph, Tribal Relations
Specialist, Eastern Regional Office,
Bureau of Indian Affairs, 545 Marriott
Drive, Suite 700, Nashville, TN 37214;
Telephone (615) 564–6750; Fax (615)
564–6701; or De Springer, Office of
Indian Services, 1849 C Street NW., MS/
4513/MIB, Washington, DC 20240;
Telephone (202) 513–7626; Fax (202)
208–5113.
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
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The purpose of this Ordinance is to
authorize, regulate and control the
possession, transportation, purchase,
sale and serving of alcoholic beverages
within the Indian Country of the
Coushatta Tribe of Louisiana in
accordance with federal law, the laws of
the State of Louisiana and the laws of
the Coushatta Tribe of Louisiana.
Section 3. Definitions
As used in this Ordinance, the
following words shall have the
following meanings unless the context
clearly requires otherwise:
(a) ‘‘Alcoholic beverage’’ means any
fluid or any solid capable of being
converted into fluid, suitable for human
consumption, and containing more than
one-half of one percent alcohol by
volume, including malt, vinous,
spirituous, alcoholic or intoxicating
liquors, beer, porter, ale, stout fruit
juices, cider, or wine.
(b) ‘‘Gaming Enterprise’’ includes all
businesses whose employees are subject
to licensing by the Coushatta Gaming
Commission.
(c) ‘‘Indian Country’’ means the
Coushatta Tribe of Louisiana’s Indian
country as that term is defined in 18
U.S.C. § 1151.
(d) ‘‘Liquors’’ means all distilled or
rectified alcoholic spirits, brandy,
whiskey, rum, gin, and all similar
distilled alcoholic beverages, including
all dilutions and mixtures of one or
more of the foregoing, such as liquors,
cordials, and similar compounds.
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
(e) ‘‘Malt’’ means beverages obtained
by alcoholic fermentation of an infusion
or by a brewing process or concoction
of barley or other grain, malt, sugars,
and hops in water, including among
other things, ale, beer, stout, porter, and
the like. Malt beverages are exclusive of
all ‘‘liquors’’ whether they be defined as
intoxicating or spirituous liquors, or as
alcoholic, vinous, or malt liquors, or
however otherwise defined as liquors,
which are produced by distillation.
(f) ‘‘Sale’’ and ‘‘sell’’ means:
(i) Any exchange, barter, and traffic of
alcoholic beverages; or
(ii) The selling of or supplying or
distributing, by any means whatsoever,
of alcoholic beverages; or
(iii) The serving, giving or distributing
of alcoholic beverages, whether or not
money is requested or paid in
connection with such service, giving, or
distribution, except that any of the
above actions taken by a wholesaler of
alcoholic beverages that is duly licensed
by the State of Louisiana is not a ‘‘sale’’
and is not subject to licensure under
this Ordinance.
(g) ‘‘Tribe’’ shall mean the Coushatta
Tribe of Louisiana.
(h) ‘‘Tribal Council’’ shall mean the
duly elected governing body of the
Coushatta Tribe of Louisiana.
(i) ‘‘Wine’’ shall mean all beverages
made from the fermentation of fruits,
berries, or grapes, with or without
added spirits, and shall include all
sparkling wine, which means
champagne and any other effervescent
wine charged with carbon dioxide,
whether artificially or as the result of
secondary fermentation of the wine
within the container; and still wine,
which means any non-effervescent
wine, including any fortified wine,
vermouth, any artificial imitation wine,
any compound sold as ‘‘still wine,’’ and
any fruit juice.
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Section 4. General
The possession, transportation,
purchase, and sale of alcoholic
beverages shall be lawful within Indian
Country, provided that such possession,
transportation, purchase and sale are in
conformity with the provisions of this
Ordinance and the laws of the State of
Louisiana.
Section 5. Tribal License or Permit
Required
(a) No person shall sell any alcoholic
beverage within Indian Country unless
duly licensed to do so by the Tribe in
accordance with the terms of this
Ordinance and the laws of the State of
Louisiana. Notwithstanding the
foregoing, no license is required for the
possession or service of alcoholic
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beverages at a private residence within
Indian Country under this Ordinance
provided that no money is requested or
paid in connection with such service or
possession. Such service or possession
must in any event comply with the laws
of the State of Louisiana.
(b) Notwithstanding subsection (a), if
(1) the Tribe or its gaming enterprise
seeks to sell alcoholic beverages within
Indian Country and (2) the Tribe or its
gaming enterprise, as the case may be,
is or will be duly licensed by the State
of Louisiana to sell alcoholic beverages,
then the Tribe and/or its gaming
enterprise may sell such beverages
without applying for or obtaining a
Tribal Alcoholic Beverage License.
Section 6. Tribal Alcoholic Beverage
License; Requirements
No tribal license shall issue under this
Ordinance except upon a sworn
application filed with the Tribal Council
containing a full and complete showing
of the following:
(a) Satisfactory proof that the
applicant is or will be duly licensed by
the State of Louisiana;
(b) Satisfactory proof that the
applicant is of good character and
reputation and that the applicant is
financially responsible;
(c) The description of the premises in
which the alcoholic beverages are to be
sold, and proof that the applicant is the
owner of such premises, or lessee of
such premises, or is otherwise entitled
by law to use such premises, for at least
the term of the license;
(d) Agreement by the applicant to
accept and abide by all conditions of the
tribal license;
(e) Payment of a fee as prescribed by
the Tribal Council;
(f) Satisfactory proof that neither the
applicant nor the applicant’s spouse has
ever been convicted of a felony; and
(g) Satisfactory proof that notice of the
application has been posted in a
prominent, noticeable place on the
premises where alcoholic beverages are
to be sold for at least 30 days prior to
consideration by the Tribal Council and
that such notice has been published at
least twice in such local newspaper
serving the community that may be
affected by the license as the Tribal
Chairman or Secretary may authorize.
The notice shall provide contact
information for purposes of written
comment by the public on the
application and indicate the last date by
which such written comments will be
accepted by the Tribal Council. Contact
information and a final comment date
shall be provided to each applicant
upon request. The Tribal Council will
consider all such comments prior to
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holding a hearing on the application
pursuant to this Ordinance.
Section 7. Hearing on Application for
Tribal Alcoholic Beverage License
(a) All applications for a tribal
alcoholic beverage license shall be
considered by the Tribal Council in a
session at which the applicant shall
have the right to be present. The Tribal
Council may also summon to the
hearing any person(s) supporting or
opposing the application who submitted
written comments by the comment
deadline. All applicants and any person
summoned by the Tribal Council to
attend the hearing shall have the right
to be present, and to offer sworn oral or
documentary evidence relevant to the
application.
(b) Prior to conducting the hearing the
Tribal Council may order a background
investigation of the applicant or any of
the individuals listed on the applicant’s
license application.
(c) After the hearing, the Tribal
Council, by secret ballot, shall
determine whether to grant or deny the
application, based on:
(i) Whether the requirements of
Section 6 of this Ordinance have been
met; and
(ii) Whether the Tribal Council, in its
discretion, determines that granting the
license is in the best interests of the
Tribe.
(d) In the event that the applicant is
a member of the Tribal Council, or a
member of the immediate family of a
Council member, such member shall not
vote on the application or participate in
the hearings as a Council member.
Section 8. Temporary License
(a) The Tribal Council or its designee
may grant a temporary license for the
sale of alcoholic beverages for a period
not to exceed three (3) days to any
person applying for the same in
connection with a Tribal or community
activity, provided that the application
shall be made as provided by Sections
6 and 7 of this Ordinance, and that the
conditions prescribed in Sections 9(b)
through 9(j) of this Ordinance, as well
as any other reasonable conditions as
the Tribal Council may establish, shall
be observed by the temporary licensee.
(b) Each temporary license issued
shall specify the types of alcoholic
beverages to be sold, as well as the
specific place, dates and times when the
permit is valid.
(c) A fee, established by the Tribal
Council, will be assessed on
applications for temporary licenses.
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Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices
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Section 9. Conditions of the Tribal
License
Section 10. License Not a Property
Right
Any tribal license issued under this
Ordinance shall be subject to such
reasonable conditions as the Tribal
Council shall establish, including, but
not limited to the following:
(a) A regular license shall be valid for
a term of one year. A temporary license
shall be valid for a period of not to
exceed three days.
(b) The licensee shall at all times
maintain an orderly, clean, and neat
establishment, both inside and outside
the licensed premises.
(c) The licensed premises shall be
subject to patrol by the tribal Police
Department, and such other law
enforcement officials as may be
authorized under tribal or federal law.
(d) The licensed premises shall be
open to inspection by duly authorized
tribal officials at all times during regular
business hours.
(e) All sales of alcoholic beverages
shall be for the personal use and
consumption of the purchaser, and no
resale of any alcoholic beverage is
permitted, except that a licensed retailer
of alcoholic beverages may purchase
alcoholic beverages for resale within
Indian Country.
(f) No person under the age permitted
under the law of the State of Louisiana
shall be sold, served, delivered, given or
allowed to consume alcoholic beverages
in the licensed premises.
(g) No alcoholic beverages shall be
sold, served, disposed of, delivered, or
given to any person, or consumed on the
licensed premises, except in conformity
with any applicable Tribal and/or
Louisiana State rules limiting the hours
and days on which alcoholic beverages
may be sold, served, disposed of,
delivered or given to any person. In no
event shall the licensed premises
operate or open earlier or operate or
close later than is permitted by the laws
of the State of Louisiana.
(h) No alcoholic beverage shall be
sold within 200 feet of a polling place
on tribal election days, or when a
referendum is held of the people of the
Tribe, or on any special days of
observance as designated by the Tribal
Council.
(i) The license shall at all times be
posted in a prominent, noticeable place
on the premises where alcoholic
beverages are to be sold.
(j) All acts and transactions executed
under authority of the tribal alcoholic
beverage license shall be in conformity
with this Ordinance, the terms of the
Tribal license, and the laws of the State
of Louisiana.
Notwithstanding any other provision
of this Ordinance, a tribal alcoholic
beverage license is a mere permit for a
fixed duration of time. A tribal alcoholic
beverage license shall not be deemed a
property right or vested right of any
kind, nor shall the granting of a tribal
alcoholic beverage license give rise to a
presumption of legal entitlement to the
granting of such license for a subsequent
time period.
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Section 11. Assignment or Transfer
No tribal license issued under this
Ordinance shall be assigned or
transferred without the written approval
of the Tribal Council expressed by
formal resolution.
Section 12. Revocation and Suspension
Any license issued hereunder may be
suspended or revoked by the Tribal
Council for the breach of any of the
provisions of this Ordinance or of the
tribal license upon hearing before the
Tribal Council after 10 days’ notice to
the licensee. The decision of the Tribal
Council shall be final.
Section 13. Assignment of Authority of
Tribal Council
The Tribal Council may, at its
discretion, assign part or all of its
hearing and licensing authority under
this Ordinance by formal resolution.
Section 14. Severability
If a court of competent jurisdiction
invalidates any part of this Ordinance,
all valid parts that are severable from
the invalid part shall remain in effect.
If a part of this Ordinance is invalid in
one or more of its applications, that part
shall remain in effect in all valid
applications that are severable from the
invalid applications.
Section 15. Sovereign Immunity
Nothing contained in this Ordinance
is intended to nor does in any way limit,
alter, restrict, or waive the Tribe’s
sovereign immunity.
Section 16. Effective Date
This Ordinance shall be effective on
the date that the Secretary of the Interior
certifies this Ordinance and it is
published in the Federal Register.
[FR Doc. 2012–4029 Filed 2–21–12; 8:45 am]
BILLING CODE 4310–4J–P
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10547
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Kickapoo Traditional Tribe of Texas—
First Amended Beer and Liquor Tax
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
amendment to the Kickapoo Traditional
Tribe of Texas’ Beer and Liquor Tax
Ordinance. The Ordinance regulates and
controls the possession, sale and
consumption of liquor within the
Kickapoo Traditional Tribe of Texas’
Reservation. The land is trust land and
this Ordinance allows for the possession
and sale of alcoholic beverages within
the Kickapoo Traditional Tribe of Texas’
Reservation. This Ordinance will
increase the ability of the tribal
government to control the distribution
and possession of liquor within their
reservation, and at the same time will
provide an important source of revenue,
the strengthening of the tribal
government and the delivery of tribal
services.
SUMMARY:
Effective Date: This Amendment
is effective as of March 23, 2012.
FOR FURTHER INFORMATION CONTACT:
Suzanne Chaney, Community Services
Officer, Southern Plains Regional Office,
Bureau of Indian Affairs, P.O. Box 368,
Anadarko, OK 73005, Phone: (405) 247–
1537; Fax: (404) 247–9240: or De
Springer, Office of Indian Services,
Bureau of Indian Affairs, 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 Kickapoo Traditional Tribe of Texas
adopted this amendment to the
Kickapoo Traditional Tribe of Texas’
Beer and Liquor Tax Ordinance by
Resolution No. 2011–892 on March 30,
2011.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that the Kickapoo Traditional
Tribal Council duly adopted this
amendment to the Kickapoo Traditional
Tribe of Texas’ Beer and Liquor Tax
DATES:
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]]>Agencies
[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10545-10547]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4029]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Coushatta Tribe of Louisiana--Alcoholic Beverage Control
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Coushatta Tribe of Louisiana
Alcoholic Beverage Control Ordinance. The Ordinance regulates and
controls the possession, sale and consumption of liquor within the
Coushatta Tribe's Indian country. This Ordinance will increase the
ability of the tribal government to control the distribution and
possession of liquor within its reservation and at the same time will
provide an important source of revenue and strengthening of the tribal
government and the delivery of tribal services.
DATES: Effective Date: This Act is effective as of February 22, 2012.
FOR FURTHER INFORMATION CONTACT: Chanda M. Joseph, Tribal Relations
Specialist, Eastern Regional Office, Bureau of Indian Affairs, 545
Marriott Drive, Suite 700, Nashville, TN 37214; Telephone (615) 564-
6750; Fax (615) 564-6701; or De Springer, Office of Indian Services,
1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202)
513-7626; Fax (202) 208-5113.
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 Coushatta Tribal Council adopted
the Ordinance, by Coushatta Tribe of Louisiana Tribal Council
Resolution No. 2011-32, on March 30, 2011.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the Tribal Council duly adopted the Coushatta
Tribe of Louisiana Alcoholic Beverage Control Ordinance on March 30,
2011.
Dated: February 13, 2012.
Larry Echo Hawk,
Assistant Secretary, Indian Affairs .
The Coushatta Tribe of Louisiana Alcoholic Beverage Control
Ordinance reads as follows:
Section 1. Title
This Ordinance shall be known as the Coushatta Tribe of Louisiana
Alcoholic Beverage Control Ordinance.
Section 2. Purpose
The purpose of this Ordinance is to authorize, regulate and control
the possession, transportation, purchase, sale and serving of alcoholic
beverages within the Indian Country of the Coushatta Tribe of Louisiana
in accordance with federal law, the laws of the State of Louisiana and
the laws of the Coushatta Tribe of Louisiana.
Section 3. Definitions
As used in this Ordinance, the following words shall have the
following meanings unless the context clearly requires otherwise:
(a) ``Alcoholic beverage'' means any fluid or any solid capable of
being converted into fluid, suitable for human consumption, and
containing more than one-half of one percent alcohol by volume,
including malt, vinous, spirituous, alcoholic or intoxicating liquors,
beer, porter, ale, stout fruit juices, cider, or wine.
(b) ``Gaming Enterprise'' includes all businesses whose employees
are subject to licensing by the Coushatta Gaming Commission.
(c) ``Indian Country'' means the Coushatta Tribe of Louisiana's
Indian country as that term is defined in 18 U.S.C. Sec. 1151.
(d) ``Liquors'' means all distilled or rectified alcoholic spirits,
brandy, whiskey, rum, gin, and all similar distilled alcoholic
beverages, including all dilutions and mixtures of one or more of the
foregoing, such as liquors, cordials, and similar compounds.
[[Page 10546]]
(e) ``Malt'' means beverages obtained by alcoholic fermentation of
an infusion or by a brewing process or concoction of barley or other
grain, malt, sugars, and hops in water, including among other things,
ale, beer, stout, porter, and the like. Malt beverages are exclusive of
all ``liquors'' whether they be defined as intoxicating or spirituous
liquors, or as alcoholic, vinous, or malt liquors, or however otherwise
defined as liquors, which are produced by distillation.
(f) ``Sale'' and ``sell'' means:
(i) Any exchange, barter, and traffic of alcoholic beverages; or
(ii) The selling of or supplying or distributing, by any means
whatsoever, of alcoholic beverages; or
(iii) The serving, giving or distributing of alcoholic beverages,
whether or not money is requested or paid in connection with such
service, giving, or distribution, except that any of the above actions
taken by a wholesaler of alcoholic beverages that is duly licensed by
the State of Louisiana is not a ``sale'' and is not subject to
licensure under this Ordinance.
(g) ``Tribe'' shall mean the Coushatta Tribe of Louisiana.
(h) ``Tribal Council'' shall mean the duly elected governing body
of the Coushatta Tribe of Louisiana.
(i) ``Wine'' shall mean all beverages made from the fermentation of
fruits, berries, or grapes, with or without added spirits, and shall
include all sparkling wine, which means champagne and any other
effervescent wine charged with carbon dioxide, whether artificially or
as the result of secondary fermentation of the wine within the
container; and still wine, which means any non-effervescent wine,
including any fortified wine, vermouth, any artificial imitation wine,
any compound sold as ``still wine,'' and any fruit juice.
Section 4. General
The possession, transportation, purchase, and sale of alcoholic
beverages shall be lawful within Indian Country, provided that such
possession, transportation, purchase and sale are in conformity with
the provisions of this Ordinance and the laws of the State of
Louisiana.
Section 5. Tribal License or Permit Required
(a) No person shall sell any alcoholic beverage within Indian
Country unless duly licensed to do so by the Tribe in accordance with
the terms of this Ordinance and the laws of the State of Louisiana.
Notwithstanding the foregoing, no license is required for the
possession or service of alcoholic beverages at a private residence
within Indian Country under this Ordinance provided that no money is
requested or paid in connection with such service or possession. Such
service or possession must in any event comply with the laws of the
State of Louisiana.
(b) Notwithstanding subsection (a), if (1) the Tribe or its gaming
enterprise seeks to sell alcoholic beverages within Indian Country and
(2) the Tribe or its gaming enterprise, as the case may be, is or will
be duly licensed by the State of Louisiana to sell alcoholic beverages,
then the Tribe and/or its gaming enterprise may sell such beverages
without applying for or obtaining a Tribal Alcoholic Beverage License.
Section 6. Tribal Alcoholic Beverage License; Requirements
No tribal license shall issue under this Ordinance except upon a
sworn application filed with the Tribal Council containing a full and
complete showing of the following:
(a) Satisfactory proof that the applicant is or will be duly
licensed by the State of Louisiana;
(b) Satisfactory proof that the applicant is of good character and
reputation and that the applicant is financially responsible;
(c) The description of the premises in which the alcoholic
beverages are to be sold, and proof that the applicant is the owner of
such premises, or lessee of such premises, or is otherwise entitled by
law to use such premises, for at least the term of the license;
(d) Agreement by the applicant to accept and abide by all
conditions of the tribal license;
(e) Payment of a fee as prescribed by the Tribal Council;
(f) Satisfactory proof that neither the applicant nor the
applicant's spouse has ever been convicted of a felony; and
(g) Satisfactory proof that notice of the application has been
posted in a prominent, noticeable place on the premises where alcoholic
beverages are to be sold for at least 30 days prior to consideration by
the Tribal Council and that such notice has been published at least
twice in such local newspaper serving the community that may be
affected by the license as the Tribal Chairman or Secretary may
authorize. The notice shall provide contact information for purposes of
written comment by the public on the application and indicate the last
date by which such written comments will be accepted by the Tribal
Council. Contact information and a final comment date shall be provided
to each applicant upon request. The Tribal Council will consider all
such comments prior to holding a hearing on the application pursuant to
this Ordinance.
Section 7. Hearing on Application for Tribal Alcoholic Beverage License
(a) All applications for a tribal alcoholic beverage license shall
be considered by the Tribal Council in a session at which the applicant
shall have the right to be present. The Tribal Council may also summon
to the hearing any person(s) supporting or opposing the application who
submitted written comments by the comment deadline. All applicants and
any person summoned by the Tribal Council to attend the hearing shall
have the right to be present, and to offer sworn oral or documentary
evidence relevant to the application.
(b) Prior to conducting the hearing the Tribal Council may order a
background investigation of the applicant or any of the individuals
listed on the applicant's license application.
(c) After the hearing, the Tribal Council, by secret ballot, shall
determine whether to grant or deny the application, based on:
(i) Whether the requirements of Section 6 of this Ordinance have
been met; and
(ii) Whether the Tribal Council, in its discretion, determines that
granting the license is in the best interests of the Tribe.
(d) In the event that the applicant is a member of the Tribal
Council, or a member of the immediate family of a Council member, such
member shall not vote on the application or participate in the hearings
as a Council member.
Section 8. Temporary License
(a) The Tribal Council or its designee may grant a temporary
license for the sale of alcoholic beverages for a period not to exceed
three (3) days to any person applying for the same in connection with a
Tribal or community activity, provided that the application shall be
made as provided by Sections 6 and 7 of this Ordinance, and that the
conditions prescribed in Sections 9(b) through 9(j) of this Ordinance,
as well as any other reasonable conditions as the Tribal Council may
establish, shall be observed by the temporary licensee.
(b) Each temporary license issued shall specify the types of
alcoholic beverages to be sold, as well as the specific place, dates
and times when the permit is valid.
(c) A fee, established by the Tribal Council, will be assessed on
applications for temporary licenses.
[[Page 10547]]
Section 9. Conditions of the Tribal License
Any tribal license issued under this Ordinance shall be subject to
such reasonable conditions as the Tribal Council shall establish,
including, but not limited to the following:
(a) A regular license shall be valid for a term of one year. A
temporary license shall be valid for a period of not to exceed three
days.
(b) The licensee shall at all times maintain an orderly, clean, and
neat establishment, both inside and outside the licensed premises.
(c) The licensed premises shall be subject to patrol by the tribal
Police Department, and such other law enforcement officials as may be
authorized under tribal or federal law.
(d) The licensed premises shall be open to inspection by duly
authorized tribal officials at all times during regular business hours.
(e) All sales of alcoholic beverages shall be for the personal use
and consumption of the purchaser, and no resale of any alcoholic
beverage is permitted, except that a licensed retailer of alcoholic
beverages may purchase alcoholic beverages for resale within Indian
Country.
(f) No person under the age permitted under the law of the State of
Louisiana shall be sold, served, delivered, given or allowed to consume
alcoholic beverages in the licensed premises.
(g) No alcoholic beverages shall be sold, served, disposed of,
delivered, or given to any person, or consumed on the licensed
premises, except in conformity with any applicable Tribal and/or
Louisiana State rules limiting the hours and days on which alcoholic
beverages may be sold, served, disposed of, delivered or given to any
person. In no event shall the licensed premises operate or open earlier
or operate or close later than is permitted by the laws of the State of
Louisiana.
(h) No alcoholic beverage shall be sold within 200 feet of a
polling place on tribal election days, or when a referendum is held of
the people of the Tribe, or on any special days of observance as
designated by the Tribal Council.
(i) The license shall at all times be posted in a prominent,
noticeable place on the premises where alcoholic beverages are to be
sold.
(j) All acts and transactions executed under authority of the
tribal alcoholic beverage license shall be in conformity with this
Ordinance, the terms of the Tribal license, and the laws of the State
of Louisiana.
Section 10. License Not a Property Right
Notwithstanding any other provision of this Ordinance, a tribal
alcoholic beverage license is a mere permit for a fixed duration of
time. A tribal alcoholic beverage license shall not be deemed a
property right or vested right of any kind, nor shall the granting of a
tribal alcoholic beverage license give rise to a presumption of legal
entitlement to the granting of such license for a subsequent time
period.
Section 11. Assignment or Transfer
No tribal license issued under this Ordinance shall be assigned or
transferred without the written approval of the Tribal Council
expressed by formal resolution.
Section 12. Revocation and Suspension
Any license issued hereunder may be suspended or revoked by the
Tribal Council for the breach of any of the provisions of this
Ordinance or of the tribal license upon hearing before the Tribal
Council after 10 days' notice to the licensee. The decision of the
Tribal Council shall be final.
Section 13. Assignment of Authority of Tribal Council
The Tribal Council may, at its discretion, assign part or all of
its hearing and licensing authority under this Ordinance by formal
resolution.
Section 14. Severability
If a court of competent jurisdiction invalidates any part of this
Ordinance, all valid parts that are severable from the invalid part
shall remain in effect. If a part of this Ordinance is invalid in one
or more of its applications, that part shall remain in effect in all
valid applications that are severable from the invalid applications.
Section 15. Sovereign Immunity
Nothing contained in this Ordinance is intended to nor does in any
way limit, alter, restrict, or waive the Tribe's sovereign immunity.
Section 16. Effective Date
This Ordinance shall be effective on the date that the Secretary of
the Interior certifies this Ordinance and it is published in the
Federal Register.
[FR Doc. 2012-4029 Filed 2-21-12; 8:45 am]
BILLING CODE 4310-4J-P
