Swinomish Indian Tribal Community-Title 15, Chapter 4: Liquor Legalization, Regulation and License Code, 39731-39733 [2012-16382]
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Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Notices
§ 8–7–8 Fraudulent Submissions in
Connection With a License or Permit
(a) A person commits the crime of
fraudulent submissions in connection
with a license or permit if the person
makes, provides, or swears to any false
or fraudulent statement, contention, or
documentation in connection with an
application for an alcoholic beverage
license or permit under the Poarch Band
of Creek Indians Alcoholic Beverage
Control Ordinance.
(b) Fraudulent submissions in
connection with a license or permit
shall be considered a Class C
Misdemeanor.
[FR Doc. 2012–16383 Filed 7–3–12; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Swinomish Indian Tribal Community—
Title 15, Chapter 4: Liquor Legalization,
Regulation and License Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
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(2) All Indian allotments or other
lands held in trust for a Swinomish
tribal member or the Tribe, or otherwise
subject to a restriction against alienation
imposed by the United States, the
Indian titles to which have not been
extinguished.
(C) ‘‘Reservation’’ means all lands and
waters within the exterior boundaries of
the Swinomish Indian Reservation.
(D) ‘‘Senate’’ means the Swinomish
Indian Senate.
(E) ‘‘Tribal License’’ means a license
issued by the Swinomish Indian Tribal
Community to any person, association,
firm, corporation, or partnership, or any
individual or group of individuals
wishing to engage in the retail sale of
liquor, beer and/or wine within the
Indian Country under the jurisdiction of
the Tribe.
(F) ‘‘Tribe’’ means the Swinomish
Indian Tribal Community.
15–04.040 Legalizing the Introduction,
Sale or Possession
The Swinomish Indian Tribal
Community Title 15, Chapter 4: Liquor
Legalization, Regulation and License
Code shall read as follows:
15–04.010
This notice publishes Title
15, Chapter 4: Liquor Legalization,
Regulation and License Code for the
Swinomish Indian Tribal Community.
The Code regulates and controls the
possession, sale and consumption of
liquor within the Swinomish Indian
Tribal Community’s Indian country.
This Code allows for the possession and
sale of alcoholic beverages within the
jurisdiction of the Swinomish Indian
Tribal Community, will increase the
ability of the tribal government to
control the distribution and possession
of liquor within their Indian country,
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 Ordinance is
effective 30 days after July 5, 2012.
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 NE. 11th
Avenue, Portland, OR 97232, Phone:
(503) 231–6723; Fax: (503) 231–6731: or
De Springer, Office 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.
VerDate Mar<15>2010
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 Swinomish Indian Tribal
Community Senate adopted Ordinance
No. 296, Enacting Swinomish Tribal
Code Title 15, Chapter 4: Liquor
Legalization, Regulation and License
Code, on August 4, 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 Swinomish Indian Tribal
Community Senate adopted Ordinance
No. 296, enacting Swinomish Tribal
Code Title 15, Chapter 4: Liquor
Legalization, Regulation and License
Code, on August 4, 2011.
Dated: June 25, 2012.
Donald E. Laverdure
Acting Assistant Secretary—Indian Affairs.
(b) Unlawful possession of alcoholic
beverages is a Class C Misdemeanor.
SUMMARY:
39731
Title
This Chapter shall be referred to as
the Liquor Legalization, Regulation and
License Code.
15–04.020
Authority
This Chapter is enacted pursuant to
authority provided by Article VI,
Section (1)(h), (k) and (1) of the
Constitution. In addition, this Chapter is
adopted in accordance with 18 U.C.S.A.
§ 1161.
15–04.030
Definitions
For purposes of this Chapter, unless
otherwise expressly provided, the
following definitions shall apply:
(A) ‘‘Engaging in the retail
intoxicating beverage business’’ means
either maintaining a retail liquor, beer
and/or wine establishment within the
Indian Country under the jurisdiction of
the Tribe or making sales of liquor, beer
and/or wine at retail within the Indian
Country under the jurisdiction of the
Tribe.
(B) ‘‘Indian country,’’ consistent with
the meaning given in 18 U.S.C. 1151,
1154, and 1156, means:
(1) All land within the limits of the
Swinomish Indian Reservation under
the jurisdiction of the United States
government, notwithstanding the
issuance of any patent provided that the
term ‘‘patent’’ does not include feepatented lands in non-Indian
communities; and
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The introduction, sale or possession
of intoxicating beverages shall be lawful
within the Indian Country under the
jurisdiction of the Tribe, provided that
such introduction, sale or possession is
in conformity with the laws of the State
of Washington and in conformity with
this Chapter.
15–04.050 Application for Tribal
License Required and License Fee
(A) Any person, association, firm,
corporation, or partnership, or any
individual or group of individuals
engaged in the retail sale of intoxicating
beverages within the Indian Country
under the jurisdiction of the Tribe,
regardless of whether the principal
place of business is or is not located
outside the Reservation, is required to
have a Tribal License.
(B) A Tribal License shall run from
July 1st of one year through the 30th day
of June the following year. The Senate
or the Senate’s designee shall charge an
annual fee in accordance with the
attached fee schedule.
(C) Applicants for an initial Tribal
License and those seeking to renew a
Tribal License shall make application
and pay the annual fee to the Senate or
its designee by June 30th of each year
for the ensuing year, except if an initial
application is made between January 1st
and July 1st, the license fee shall be cut
in half.
(D) If the Senate or its designee denies
an application for a Tribal License or
denies an application to renew a Tribal
License, the fee shall be returned to the
applicant.
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39732
Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Notices
15–04.060 Investigation of Applicant
for Tribal License
Before the Senate issues a Tribal
License, the applicant shall be
investigated as to moral character and as
to whether or not such person is
acceptable to the members of the Tribe
to engage in a retail intoxicating
beverage business within the Indian
Country under the jurisdiction of the
Tribe. The Senate or its designee may,
in its discretion, set a time for public
hearing and give reasonable notice for
the time and place thereof before acting
upon an application for a Tribal
License.
(F) The denial of the Senate or its
authorized representatives, including
authorized law enforcement agencies,
access to any place where a licensed
activity is conducted, or the failure to
promptly produce for inspection or
audit any book, record, document, or
item required by law or Senate rule;
(G) The denial, suspension, or repeal
of any liquor-related license, permit, or
certification by any tribal, state or
federal regulatory agency; or
(H) Transfer or attempted transfer of
a Tribal License without the approval
and consent of the Senate.
15–04.070 Tribal License May Be
Revoked
A Tribal License may be revoked only
for cause and upon a hearing, conducted
by the Senate or its designee, with
notice being mailed by registered mail
to the holder of the Tribal License ten
(10) days prior to such hearing, except
a Tribal License may not be transferred
without the approval and consent of the
Senate. The grounds for revocation of a
Tribal License are:
(A) The failure to pay the Tribal
License fee each year;
(B) The violation of tribal ordinances
duly passed or the laws of the State of
Washington;
(E) The acquisition of a Tribal License
by fraud, misrepresentation,
concealment, or through inadvertence or
mistake;
(A) No Tribal License may be
transferred without the approval of the
Senate or its designee.
(B) Persons wishing to transfer a
Tribal License must file an application
for a transfer with the Senate or the
Senate’s designee. The application for a
transfer shall include:
(1) The name(s) of the persons, group,
or association to whom the transfer is to
be made;
(2) Any other information required of
initial applicants in accordance with
Section 15–04.050; and
(3) A statement, signed by the
proposed transferee, designating the
location of the premises where the
Tribal License is to be used and
operated.
(C) Before any transfer of a Tribal
License is approved, the Tribe shall
15–04.080
Transfer of Tribal Licenses
investigate the moral character of the
transferee and determine whether the
proposed transferee is acceptable to the
members of the Tribe to engage in said
retail intoxicating beverage business
within the Indian Country under the
jurisdiction of the Tribe. The Senate
may, in its discretion, set a time for
public hearing and give reasonable
notice of the time and place thereof
before acting upon an application for
transfer.
(D) The approval of a transfer of a
Tribal License shall be given at a duly
called, noticed and convened session of
the Senate.
15–04.090 Notification of the Liquor
Control Board
It shall be the responsibility of Tribal
License holders to notify the Liquor
Control Board of Washington State that
an application has been made for a
transfer of a Tribal License. The
requisite Tribal License and state permit
are required before any person,
association, firm, corporation, or
partnership, or any individual or group
of individuals may engage in the retail
sale of intoxicating beverages within the
Indian Country under the jurisdiction of
the Tribe.
15–04.100
Schedule
Tribal Liquor License Fee
The following fees shall be assessed
for license under this Chapter:
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Beer and Wine Gift Delivery ................................................................................................................................................................
Beer and Wine Specialty Shop ...........................................................................................................................................................
Grocery Store ......................................................................................................................................................................................
International Exporter Endorsement ....................................................................................................................................................
Motel ....................................................................................................................................................................................................
Nonprofit Arts Organization .................................................................................................................................................................
Private Club—Beer and Wine .............................................................................................................................................................
Private Club—Spirits, Beer and Wine .................................................................................................................................................
Non-Club Event Endorsement ......................................................................................................................................................
Public House ........................................................................................................................................................................................
Restaurant—Beer and/or Wine.
Beer ..............................................................................................................................................................................................
Wine ..............................................................................................................................................................................................
Off-Premises .................................................................................................................................................................................
Caterer’s Endorsement .................................................................................................................................................................
Restaurant—Spirits, Beer, & Wine.
Less than 50% Dedicated Dining Area ........................................................................................................................................
50% or More Dedicated Dining Area ...........................................................................................................................................
Service Bar Only ..........................................................................................................................................................................
Caterer’s Endorsement .................................................................................................................................................................
Duplicate License.
Airport Terminal ............................................................................................................................................................................
Civic Center ..................................................................................................................................................................................
Privately Owned Facility Open to the Public ................................................................................................................................
Snack Bar ............................................................................................................................................................................................
Sports/Entertainment Facility ...............................................................................................................................................................
Caterer’s Endorsement .................................................................................................................................................................
Tavern—No Persons Under 21 Allowed.
Beer ..............................................................................................................................................................................................
Wine ..............................................................................................................................................................................................
Off-Premises .................................................................................................................................................................................
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$75.
100.
150.
500.
500.
250.
180.
720.
900.
1,000.
200.
200.
120.
350.
2,000.
1,600.
1,000.
350.
25% of annual
license fee.
10.
20.
125.
2,500.
350.
200.
200.
120.
Federal Register / Vol. 77, No. 129 / Thursday, July 5, 2012 / Notices
15–04.110
Senate Regulations
The Senate may promulgate
regulations consistent with this Chapter
and applicable state and federal law that
alter the amount or categories of fees to
be paid and that further describe the
process to be followed in license
application, issuance, renewal,
revocation or suspension, or transfer.
15–04.120
Repealer
Any tribal laws, resolutions or
ordinances that prohibited the sale,
introduction or possession of
intoxicating beverages are repealed.
Ordinance No. 27 is repealed. The
Swinomish Liquor Regulations
promulgated August 4, 2011, are
repealed.
15–04.130
Effective Date
This Chapter shall become effective
upon approval by the Secretary of the
Interior and publication of the
ordinance in the Federal Register in
accordance with 18 U.S.C. 1161.
[FR Doc. 2012–16382 Filed 7–3–12; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
National Park Service
[WASO–NRSS–10750; 2490–STC]
Proposed Information Collection;
Comment Request: Appalachian Trail
Management Partner Survey
AGENCY:
National Park Service (NPS),
Interior.
ACTION: Notice of an extension of a
currently approved information
collection (1024–0259); request for
comments.
We (National Park Service)
will ask the Office of Management and
Budget (OMB) to approve the
information collection (IC) described
below. This collection is to track the
satisfaction of federal, state, and not-forprofit partner organizations and
agencies receiving support from the
Appalachian Trail Park Office (ATPO)
to protect trail resources and provide for
the public enjoyment and visitor
experience of the Appalachian National
Scenic Trail (Trail). To comply with the
Paperwork Reduction Act of 1995 and
as a part of our continuing efforts to
reduce paperwork and respondent
burden, we invite the general public and
other federal agencies to comment on
this IC. The PRA (44 U.S.C. 3501, et
seq.) provides that we may not conduct
or sponsor and a person is not required
to respond to a collection unless it
TKELLEY on DSK3SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:48 Jul 03, 2012
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displays a currently valid OMB control
number and current expiration date.
DATES: Please submit your comment on
or before September 4, 2012.
ADDRESSES: Please send your comments
to the IC to Phadrea Ponds, Information
Collections Coordinator, National Park
Service, 1201 Oakridge Drive, Fort
Collins, CO 80525 (mail); or
phadrea_ponds@nps.gov (email). Please
reference Information Collection 1024–
0259 APPALACHIAN NATIONAL
SCENIC TRAIL, in the subject line.
FOR FURTHER INFORMATION CONTACT:
Angela Walters, Appalachian National
Scenic Trail (ANST), NPS, P.O. Box 50,
Harpers Ferry, WV 25425; or via phone
at (304) 535–6278; or via fax at (304)
535–6270, or via email at
angela_walters@nps.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Appalachian National Scenic
Trail (ANST) is an unusual unit of the
national park system, managed through
a decentralized volunteer-based
cooperative management system
involving: eight national forests, six
other national park units, agencies in
fourteen states, the Appalachian Trail
Conservancy, and citizen volunteers
from 30 affiliated trail club
organizations. The Appalachian Trail
Management Partner Survey (ATMPS)
will be used to measure performance
through a partner satisfaction survey.
The purpose of the ATMPS is to track
the satisfaction of partner organizations
receiving support from the Appalachian
Trail Park Office (ATPO). Progress is
measured by evaluating the quality of
support provided by ATPO. Data from
the proposed survey is needed to assess
performance regarding NPS GPRA goal
IIb0. HPS performance on all goals
measured in this study will contribute
to DOI Department-wide performance
reports.
II. Data
OMB Control Number: 1024–0259.
Title: Appalachian Trail Management
Partner Survey.
Type of Request: Extension of a
currently approved collection.
Affected Public: General public;
Partners in the Appalachian Trail
Cooperative Management System.
Respondent’s Obligation: Voluntary.
Frequency of Collection: Annually.
Estimated Annual Number of
Respondents: 200 (150 respondents and
50 non-respondents).
Estimated Total Annual Burden
Hours: 23 hours (3 minutes for
respondents and 1 minute for nonrespondents).
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39733
Estimated Reporting and
Recordkeeping ‘‘Non-Hour Cost’’
Burden: None.
Comments: We invite comments
concerning this IC on: (1) Whether or
not the proposed collection of
information is necessary for the agency
to perform its duties, including whether
or not the information will have
practical utility; (2) the accuracy of our
estimate of the burden for this collection
of information; (3) ways to enhance the
quality, utility, and clarity of the
information to be collected; and (4)
ways to minimize the burden of the
collection of information on
respondents, including the use of
automated collection techniques or
other forms of information technology.
Please note that the comments
submitted in response to this notice are
a matter of public record. Before
including your address, phone number,
email 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 OMB in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that it will
be done.
Dated: June 29, 2012.
Madonna L. Baucum,
Acting Information Collection Clearance
Officer, National Park Service.
[FR Doc. 2012–16476 Filed 7–3–12; 8:45 am]
BILLING CODE 4312–52–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–832]
Certain Ink Application Devices and
Components Thereof and Methods of
Using the Same Determination To
Review in Part an Initial Determination
Finding All Respondents in Default;
Request for Submissions on Remedy,
Public Interest, and Bonding as to
Certain Respondents
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined to review
in part the presiding administrative law
judge’s (‘‘ALJ’’) initial determination
(‘‘ID’’) (Order No. 7) finding respondents
T-Tech Tattoo Device Inc. of Ontario,
Canada (‘‘T-Tech’’); Yiwu Beyond
Tattoo Equipments Co., Ltd. of Yiwu
SUMMARY:
E:\FR\FM\05JYN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 129 (Thursday, July 5, 2012)]
[Notices]
[Pages 39731-39733]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16382]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Swinomish Indian Tribal Community--Title 15, Chapter 4: Liquor
Legalization, Regulation and License Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes Title 15, Chapter 4: Liquor
Legalization, Regulation and License Code for the Swinomish Indian
Tribal Community. The Code regulates and controls the possession, sale
and consumption of liquor within the Swinomish Indian Tribal
Community's Indian country. This Code allows for the possession and
sale of alcoholic beverages within the jurisdiction of the Swinomish
Indian Tribal Community, will increase the ability of the tribal
government to control the distribution and possession of liquor within
their Indian country, 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 Ordinance is effective 30 days after July
5, 2012.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911
NE. 11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503)
231-6731: or De Springer, Office 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 Swinomish Indian Tribal Community
Senate adopted Ordinance No. 296, Enacting Swinomish Tribal Code Title
15, Chapter 4: Liquor Legalization, Regulation and License Code, on
August 4, 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 Swinomish Indian Tribal Community Senate
adopted Ordinance No. 296, enacting Swinomish Tribal Code Title 15,
Chapter 4: Liquor Legalization, Regulation and License Code, on August
4, 2011.
Dated: June 25, 2012.
Donald E. Laverdure
Acting Assistant Secretary--Indian Affairs.
The Swinomish Indian Tribal Community Title 15, Chapter 4: Liquor
Legalization, Regulation and License Code shall read as follows:
15-04.010 Title
This Chapter shall be referred to as the Liquor Legalization,
Regulation and License Code.
15-04.020 Authority
This Chapter is enacted pursuant to authority provided by Article
VI, Section (1)(h), (k) and (1) of the Constitution. In addition, this
Chapter is adopted in accordance with 18 U.C.S.A. Sec. 1161.
15-04.030 Definitions
For purposes of this Chapter, unless otherwise expressly provided,
the following definitions shall apply:
(A) ``Engaging in the retail intoxicating beverage business'' means
either maintaining a retail liquor, beer and/or wine establishment
within the Indian Country under the jurisdiction of the Tribe or making
sales of liquor, beer and/or wine at retail within the Indian Country
under the jurisdiction of the Tribe.
(B) ``Indian country,'' consistent with the meaning given in 18
U.S.C. 1151, 1154, and 1156, means:
(1) All land within the limits of the Swinomish Indian Reservation
under the jurisdiction of the United States government, notwithstanding
the issuance of any patent provided that the term ``patent'' does not
include fee-patented lands in non-Indian communities; and
(2) All Indian allotments or other lands held in trust for a
Swinomish tribal member or the Tribe, or otherwise subject to a
restriction against alienation imposed by the United States, the Indian
titles to which have not been extinguished.
(C) ``Reservation'' means all lands and waters within the exterior
boundaries of the Swinomish Indian Reservation.
(D) ``Senate'' means the Swinomish Indian Senate.
(E) ``Tribal License'' means a license issued by the Swinomish
Indian Tribal Community to any person, association, firm, corporation,
or partnership, or any individual or group of individuals wishing to
engage in the retail sale of liquor, beer and/or wine within the Indian
Country under the jurisdiction of the Tribe.
(F) ``Tribe'' means the Swinomish Indian Tribal Community.
15-04.040 Legalizing the Introduction, Sale or Possession
The introduction, sale or possession of intoxicating beverages
shall be lawful within the Indian Country under the jurisdiction of the
Tribe, provided that such introduction, sale or possession is in
conformity with the laws of the State of Washington and in conformity
with this Chapter.
15-04.050 Application for Tribal License Required and License Fee
(A) Any person, association, firm, corporation, or partnership, or
any individual or group of individuals engaged in the retail sale of
intoxicating beverages within the Indian Country under the jurisdiction
of the Tribe, regardless of whether the principal place of business is
or is not located outside the Reservation, is required to have a Tribal
License.
(B) A Tribal License shall run from July 1st of one year through
the 30th day of June the following year. The Senate or the Senate's
designee shall charge an annual fee in accordance with the attached fee
schedule.
(C) Applicants for an initial Tribal License and those seeking to
renew a Tribal License shall make application and pay the annual fee to
the Senate or its designee by June 30th of each year for the ensuing
year, except if an initial application is made between January 1st and
July 1st, the license fee shall be cut in half.
(D) If the Senate or its designee denies an application for a
Tribal License or denies an application to renew a Tribal License, the
fee shall be returned to the applicant.
[[Page 39732]]
15-04.060 Investigation of Applicant for Tribal License
Before the Senate issues a Tribal License, the applicant shall be
investigated as to moral character and as to whether or not such person
is acceptable to the members of the Tribe to engage in a retail
intoxicating beverage business within the Indian Country under the
jurisdiction of the Tribe. The Senate or its designee may, in its
discretion, set a time for public hearing and give reasonable notice
for the time and place thereof before acting upon an application for a
Tribal License.
15-04.070 Tribal License May Be Revoked
A Tribal License may be revoked only for cause and upon a hearing,
conducted by the Senate or its designee, with notice being mailed by
registered mail to the holder of the Tribal License ten (10) days prior
to such hearing, except a Tribal License may not be transferred without
the approval and consent of the Senate. The grounds for revocation of a
Tribal License are:
(A) The failure to pay the Tribal License fee each year;
(B) The violation of tribal ordinances duly passed or the laws of
the State of Washington;
(E) The acquisition of a Tribal License by fraud,
misrepresentation, concealment, or through inadvertence or mistake;
(F) The denial of the Senate or its authorized representatives,
including authorized law enforcement agencies, access to any place
where a licensed activity is conducted, or the failure to promptly
produce for inspection or audit any book, record, document, or item
required by law or Senate rule;
(G) The denial, suspension, or repeal of any liquor-related
license, permit, or certification by any tribal, state or federal
regulatory agency; or
(H) Transfer or attempted transfer of a Tribal License without the
approval and consent of the Senate.
15-04.080 Transfer of Tribal Licenses
(A) No Tribal License may be transferred without the approval of
the Senate or its designee.
(B) Persons wishing to transfer a Tribal License must file an
application for a transfer with the Senate or the Senate's designee.
The application for a transfer shall include:
(1) The name(s) of the persons, group, or association to whom the
transfer is to be made;
(2) Any other information required of initial applicants in
accordance with Section 15-04.050; and
(3) A statement, signed by the proposed transferee, designating the
location of the premises where the Tribal License is to be used and
operated.
(C) Before any transfer of a Tribal License is approved, the Tribe
shall investigate the moral character of the transferee and determine
whether the proposed transferee is acceptable to the members of the
Tribe to engage in said retail intoxicating beverage business within
the Indian Country under the jurisdiction of the Tribe. The Senate may,
in its discretion, set a time for public hearing and give reasonable
notice of the time and place thereof before acting upon an application
for transfer.
(D) The approval of a transfer of a Tribal License shall be given
at a duly called, noticed and convened session of the Senate.
15-04.090 Notification of the Liquor Control Board
It shall be the responsibility of Tribal License holders to notify
the Liquor Control Board of Washington State that an application has
been made for a transfer of a Tribal License. The requisite Tribal
License and state permit are required before any person, association,
firm, corporation, or partnership, or any individual or group of
individuals may engage in the retail sale of intoxicating beverages
within the Indian Country under the jurisdiction of the Tribe.
15-04.100 Tribal Liquor License Fee Schedule
The following fees shall be assessed for license under this
Chapter:
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------------------------------------------------------------------------
Beer and Wine Gift Delivery............................. $75.
Beer and Wine Specialty Shop............................ 100.
Grocery Store........................................... 150.
International Exporter Endorsement...................... 500.
Motel................................................... 500.
Nonprofit Arts Organization............................. 250.
Private Club--Beer and Wine............................. 180.
Private Club--Spirits, Beer and Wine.................... 720.
Non-Club Event Endorsement.......................... 900.
Public House............................................ 1,000.
Restaurant--Beer and/or Wine............................
Beer................................................ 200.
Wine................................................ 200.
Off-Premises........................................ 120.
Caterer's Endorsement............................... 350.
Restaurant--Spirits, Beer, & Wine.......................
Less than 50% Dedicated Dining Area................. 2,000.
50% or More Dedicated Dining Area................... 1,600.
Service Bar Only.................................... 1,000.
Caterer's Endorsement............................... 350.
Duplicate License.......................................
Airport Terminal.................................... 25% of annual
license fee.
Civic Center........................................ 10.
Privately Owned Facility Open to the Public......... 20.
Snack Bar............................................... 125.
Sports/Entertainment Facility........................... 2,500.
Caterer's Endorsement............................... 350.
Tavern--No Persons Under 21 Allowed.....................
Beer................................................ 200.
Wine................................................ 200.
Off-Premises........................................ 120.
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[[Page 39733]]
15-04.110 Senate Regulations
The Senate may promulgate regulations consistent with this Chapter
and applicable state and federal law that alter the amount or
categories of fees to be paid and that further describe the process to
be followed in license application, issuance, renewal, revocation or
suspension, or transfer.
15-04.120 Repealer
Any tribal laws, resolutions or ordinances that prohibited the
sale, introduction or possession of intoxicating beverages are
repealed. Ordinance No. 27 is repealed. The Swinomish Liquor
Regulations promulgated August 4, 2011, are repealed.
15-04.130 Effective Date
This Chapter shall become effective upon approval by the Secretary
of the Interior and publication of the ordinance in the Federal
Register in accordance with 18 U.S.C. 1161.
[FR Doc. 2012-16382 Filed 7-3-12; 8:45 am]
BILLING CODE 4310-4J-P
