Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake)-Amendment to Liquor Beverage Control Ordinance, 10553-10554 [2012-4053]

Download as PDF Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices srobinson on DSK4SPTVN1PROD with NOTICES only in the following areas: hotel meeting rooms and in hotel rooms by guest use of room service, etc.). 4. Wildhorse RV Park. In the Wildhorse RV Park, liquor may be sold or served only in the following areas: in common areas at special events and in individual RVs. 5. Coyote Business Park. In the Coyote Business Park, liquor may be sold or served by any Coyote Business Park lessee if liquor sales and service is permitted in the lease between the lessee and the Confederated Tribes. SECTION 1.07. PROHIBITIONS A. General Prohibitions. The commercial introduction of liquor for sales and service, other than as permitted by this Code, is prohibited within the Umatilla Indian 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 Code and violators of this Code shall be subject to federal prosecution as well as to legal action in accordance with the law of the Confederated Tribes. B. Age Restrictions. No person shall be authorized to serve liquor unless they are at least 21 years of age. No person may be served liquor unless they are 21 years of age. C. Off Premises Consumption of Liquor. 1. All liquor sales and service authorized by this Code at the Wildhorse Resort & Casino shall be fully consumed within the areas of the Wildhorse Resort & Casino as set forth in section 1.06 of this Code. At the Wildhorse Resort & Casino, no open containers of liquor, or unopened containers of liquor in bottles, cans, or otherwise may be permitted outside of the above-described premises. 2. Liquor sales and service at Coyote Business Park shall be conducted in strict compliance with the lease between the Coyote Business Park lessee and the Confederated Tribes. D. No Credit Liquor Sales. The sales and service of liquor authorized by this Code shall be upon a cash basis only. For purposes of this Code, payment for liquor on a cash basis shall include payment by cash, credit card, or check. SECTION 1.08. CONFORMITY WITH STATE LAW A. Authorized liquor sales and service on the Umatilla Indian Reservation shall comply with Oregon State VerDate Mar<15>2010 16:37 Feb 21, 2012 Jkt 226001 liquor law standards to the extent required by 18 U.S.C. § 1161. B. Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer shall be responsible for ensuring that all OLCC license requirements are satisfied, that the license(s) is renewed on an annual basis, and that all reasonable and necessary actions are taken to sell and serve liquor to Wildhorse patrons in a manner consistent with this Code, applicable State law, and the TribalState Compact. The Wildhorse Chief Executive Officer shall also be authorized to purchase liquor from the State or other source for sale and service within the Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer is further authorized to treat as a casino expense any license fees associated with the OLCC liquor license. C. Coyote Business Park. The Coyote Business Park lessee authorized to sell or serve liquor as provided in section 1.06(A)(5) of this Code, shall be responsible for insuring that all OLCC license requirements are satisfied, that the license(s) is renewed on an annual basis, and that all reasonable and necessary actions are taken to sell and serve liquor in a manner consistent with this Code and applicable Tribal and State law. SECTION 1.09. PENALTY Any person or entity possessing, selling, serving, bartering, or manufacturing liquor products in violation of any part of this Code shall be subject to a civil fine of not more than $500 for each violation involving possession, but up to $5,000 for each violation involving selling, bartering, or manufacturing liquor products in violation of this Code, and violators may be subject to exclusion from the Umatilla Indian Reservation. In addition, persons or entities subject to the criminal jurisdiction of the Confederated Tribes who violate this Code shall be subject to criminal punishment as provided in the Criminal Code. All contraband liquor shall be confiscated by the Umatilla Tribal Police Department (UTPD). The Umatilla Tribal Court shall have exclusive jurisdiction to enforce this Code and the civil fines, criminal punishment and exclusion authorized by this section. SECTION 1.10. SOVEREIGN IMMUNITY PRESERVED Nothing in this Code is intended or shall be construed as a waiver of the sovereign immunity of the Confederated PO 00000 Frm 00082 Fmt 4703 Sfmt 4703 10553 Tribes. No manager or employee of the Confederated Tribes or the Wildhorse Resort & Casino shall be authorized, nor shall they attempt, to waive the sovereign immunity of the Confederated Tribes pursuant to this Code. SECTION 1.11. SEVERABILITY If any provision or provisions in this Code are held invalid by a court of competent jurisdiction, this Code shall continue in effect as if the invalid provision(s) were not a part hereof. SECTION 1.12. EFFECTIVE DATE This Code shall be effective following approval by the Board of Trustees and approval by the Secretary of the Interior or his/her designee and publication in the Federal Register as provided by federal law. [FR Doc. 2012–4131 Filed 2–21–12; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake)— Amendment to Liquor Beverage Control Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice AGENCY: This notice publishes the amendments to the Match-E-Be-NashShe-Wish Band of Pottawatomi Indians’ Liquor Control Ordinance. The Ordinance regulates and controls the possession, sale and consumption of liquor within the Match-E-Be-Nash-SheWish Band of Pottawatomi tribal lands. The lands are located in Indian Country and this Ordinance allows for the possession and sale of alcoholic beverages within their boundaries. 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. DATES: Effective Date: This Amendment is effective 30 days after February 22, 2012. FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman Pointe II, 5600 American Boulevard West, Suite 500, Bloomington, Minnesota 55437, Phone: (612) 735–4554; Fax: (612) 713–4401: or De Springer, Office SUMMARY: E:\FR\FM\22FEN1.SGM 22FEN1 10554 Federal Register / Vol. 77, No. 35 / Wednesday, February 22, 2012 / Notices of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS–4513– MIB, Washington, DC 20240; Telephone (202) 513–7626. 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 Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Tribal Council adopted this amendment to the MatchE-Be-Nash-She-Wish Band of Pottawatomi Indian Liquor Control Ordinance by Resolution 11–639, on January 6, 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 this amendment to the MatchE-Be-Nash-She-Wish Band of Pottawatomi Indians’ Liquor Control Ordinance on January 6, 2011. Dated: February 9, 2012. Larry Echo Hawk, Assistant Secretary—Indian Affairs. The amendments to Chapter 3, Subsection 5(h) and Chapter 4, Section 1 of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians’ Liquor Control Ordinance read as follows: Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Liquor Control Ordinance Chapter 3—Tribal Liquor License Section 5. Any Tribal Liquor License shall be subject to such conditions as the Tribal Council shall impose, including, but not limited to the following: (h) Alcoholic Beverages may only be provided on a complimentary basis, given away, or furnished without charge in any facility licensed under this Ordinance if such action is consistent with the provisions of the Tribe-State Compact, the Tribal Liquor License, or other laws or regulations of the Tribe. srobinson on DSK4SPTVN1PROD with NOTICES Chapter 4—Incorporation of Michigan Laws by Reference Section 1. In accordance with 18 U.S.C. 1161, the Tribe hereby adopts and applies as tribal law those Michigan laws, as now or hereafter amended, relating to the sale and regulation of Alcoholic Beverages encompassing the following areas: sale to a Minor; sale to a visibly intoxicated individual; sale of VerDate Mar<15>2010 16:37 Feb 21, 2012 Jkt 226001 adulterated or misbranded liquor; and hours of operation. The following laws from the Michigan Liquor Control Code of 1998 are hereby adopted and applied as Tribal law: 436.1233 Uniform prices for sale of alcoholic liquor; gross profit; discount for certain sales of alcoholic liquor. 436.1701 Selling or furnishing alcoholic liquor to person less than 21 years of age; failure to make diligent inquiry; misdemeanor; signs; consumption of alcoholic liquor as cause of death or injury; felony; enforcement against licensee; defense in action for violation; report; definitions. 436.1703 Purchase, consumption, or possession of alcoholic liquor by minor; attempt; violation; fines; sanctions; furnishing fraudulent identification to minor; screening and assessment; chemical breath analysis; construction of section; exceptions; ‘‘any bodily alcohol content’’ defined. 436.1707 Selling, serving, or furnishing alcohol; prohibitions. 436.1801 Granting or renewing license; selling, furnishing or giving alcoholic liquor to minor or person visibly intoxicated; right of action for damage or personal injury; actual damages; institution of action; notice; survival of action; separate actions by parents; commencement of action against retail licensee; indemnification; defenses available to licensee; rebuttable presumption; prohibited causes of action; section as exclusive remedy for money damages against licensee; civil action subject to revised judicature act. 436.1815 Adherence to responsible business practices as defense; compensation of employee on commission basis. 436.1901 Compliance required, prohibited acts. 436.1905 Selling or furnishing alcoholic liquor to minor; enforcement actions prohibited; conditions; exception. 436.2005 Adulterated, misbranded, or refilled liquor. The laws referenced in this section shall apply in the same manner and to the same extent as such laws apply elsewhere in Michigan, unless otherwise agreed by the Tribe and State. [FR Doc. 2012–4053 Filed 2–21–12; 8:45 am] BILLING CODE 4310–4J–P PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO35000.L14300000.FR0000] Renewal of Approved Information Collection Bureau of Land Management, Interior. ACTION: 60–Day notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995, the Bureau of Land Management (BLM) invites public comments on, and plans to request approval to continue, the collection of information from applicants for a desert land entry for agricultural purposes. The Office of Management and Budget (OMB) has assigned control number 1004–0004 to this information collection. DATES: Submit comments on the proposed renewal by April 23, 2012. ADDRESSES: Comments may be submitted by mail, fax, or electronic mail. Mail: U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW., Room 2134LM, Attention: Jean Sonneman, Washington, DC 20240. Fax: to Jean Sonneman at 202–245– 0050. Electronic mail: Jean_Sonneman@blm.gov. Please indicate ‘‘Attn: 1004–0004’’ regardless of the form of your comments. SUMMARY: Jeff Holdren at 202–912–7335. Persons who use a telecommunication device for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1– 800–877–8339, to leave a message for Mr. Holdren. SUPPLEMENTARY INFORMATION: OMB regulations at 5 CFR 1320, which implement provisions of the Paperwork Reduction Act, 44 U.S.C. 3501–3521, require that interested members of the public and affected agencies be given an opportunity to comment on information collection and recordkeeping activities (see 5 CFR 1320.8(d) and 1320.12(a)). This notice identifies an information collection that the BLM will be submitting to OMB for approval. The Paperwork Reduction Act provides that an agency may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. Until OMB approves a collection of information, you are not obligated to respond. The BLM will request a 3-year term of approval for this information collection FOR FURTHER INFORMATION CONTACT: E:\FR\FM\22FEN1.SGM 22FEN1

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[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10553-10554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4053]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians (Gun Lake)--
Amendment to Liquor Beverage Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice

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

SUMMARY: This notice publishes the amendments to the Match-E-Be-Nash-
She-Wish Band of Pottawatomi Indians' Liquor Control Ordinance. The 
Ordinance regulates and controls the possession, sale and consumption 
of liquor within the Match-E-Be-Nash-She-Wish Band of Pottawatomi 
tribal lands. The lands are located in Indian Country and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within their boundaries. 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.

DATES: Effective Date: This Amendment is effective 30 days after 
February 22, 2012.

FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations 
Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman 
Pointe II, 5600 American Boulevard West, Suite 500, Bloomington, 
Minnesota 55437, Phone: (612) 735-4554; Fax: (612) 713-4401: or De 
Springer, Office

[[Page 10554]]

of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-
4513-MIB, Washington, DC 20240; Telephone (202) 513-7626.

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 Match-E-Be-Nash-She-Wish Band of 
Pottawatomi Indians Tribal Council adopted this amendment to the Match-
E-Be-Nash-She-Wish Band of Pottawatomi Indian Liquor Control Ordinance 
by Resolution 11-639, on January 6, 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 this amendment 
to the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians' Liquor 
Control Ordinance on January 6, 2011.

    Dated: February 9, 2012.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.

    The amendments to Chapter 3, Subsection 5(h) and Chapter 4, Section 
1 of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians' Liquor 
Control Ordinance read as follows:
    Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians Liquor Control 
Ordinance

Chapter 3--Tribal Liquor License

    Section 5. Any Tribal Liquor License shall be subject to such 
conditions as the Tribal Council shall impose, including, but not 
limited to the following:
    (h) Alcoholic Beverages may only be provided on a complimentary 
basis, given away, or furnished without charge in any facility licensed 
under this Ordinance if such action is consistent with the provisions 
of the Tribe-State Compact, the Tribal Liquor License, or other laws or 
regulations of the Tribe.

Chapter 4--Incorporation of Michigan Laws by Reference

    Section 1. In accordance with 18 U.S.C. 1161, the Tribe hereby 
adopts and applies as tribal law those Michigan laws, as now or 
hereafter amended, relating to the sale and regulation of Alcoholic 
Beverages encompassing the following areas: sale to a Minor; sale to a 
visibly intoxicated individual; sale of adulterated or misbranded 
liquor; and hours of operation.
    The following laws from the Michigan Liquor Control Code of 1998 
are hereby adopted and applied as Tribal law:
    436.1233 Uniform prices for sale of alcoholic liquor; gross profit; 
discount for certain sales of alcoholic liquor.
    436.1701 Selling or furnishing alcoholic liquor to person less than 
21 years of age; failure to make diligent inquiry; misdemeanor; signs; 
consumption of alcoholic liquor as cause of death or injury; felony; 
enforcement against licensee; defense in action for violation; report; 
definitions.
    436.1703 Purchase, consumption, or possession of alcoholic liquor 
by minor; attempt; violation; fines; sanctions; furnishing fraudulent 
identification to minor; screening and assessment; chemical breath 
analysis; construction of section; exceptions; ``any bodily alcohol 
content'' defined.
    436.1707 Selling, serving, or furnishing alcohol; prohibitions.
    436.1801 Granting or renewing license; selling, furnishing or 
giving alcoholic liquor to minor or person visibly intoxicated; right 
of action for damage or personal injury; actual damages; institution of 
action; notice; survival of action; separate actions by parents; 
commencement of action against retail licensee; indemnification; 
defenses available to licensee; rebuttable presumption; prohibited 
causes of action; section as exclusive remedy for money damages against 
licensee; civil action subject to revised judicature act.
    436.1815 Adherence to responsible business practices as defense; 
compensation of employee on commission basis.
    436.1901 Compliance required, prohibited acts.
    436.1905 Selling or furnishing alcoholic liquor to minor; 
enforcement actions prohibited; conditions; exception.
    436.2005 Adulterated, misbranded, or refilled liquor.
    The laws referenced in this section shall apply in the same manner 
and to the same extent as such laws apply elsewhere in Michigan, unless 
otherwise agreed by the Tribe and State.

[FR Doc. 2012-4053 Filed 2-21-12; 8:45 am]
BILLING CODE 4310-4J-P

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