Swinomish Indian Tribal Community-Title 15, Chapter 4: Liquor Legalization, Regulation and License Code, 39731-39733 [2012-16382]

Download as PDF 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: TKELLEY on DSK3SPTVN1PROD with NOTICES 16:48 Jul 03, 2012 Jkt 226001 (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 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 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. E:\FR\FM\05JYN1.SGM 05JYN1 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: TKELLEY on DSK3SPTVN1PROD with NOTICES 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 ................................................................................................................................................................................. VerDate Mar<15>2010 16:48 Jul 03, 2012 Jkt 226001 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\05JYN1.SGM 05JYN1 $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 Jkt 226001 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). PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 05JYN1

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:

------------------------------------------------------------------------
 
------------------------------------------------------------------------
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.
------------------------------------------------------------------------


[[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