Shakopee Mdewakanton Sioux Community-Liquor Ordinance To Allow for On-Sale Liquor Transactions, 61778-61780 [2012-25025]

Download as PDF 61778 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices and quality of services and products they want and expect to receive. Comments Due Date: November 13, 2012. DATES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2535–0116) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–5806. Email: OIRA_Submission@omb.eop.gov fax: 202–395–5806. ADDRESSES: FOR FURTHER INFORMATION CONTACT: Colette Pollard., Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street SW., Washington, DC 20410; email Colette Pollard at Colette.Pollard@hud.gov or telephone (202) 402–3400. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Pollard. SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the Information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: Title of Proposed: Generic Customer Satisfaction Surveys. OMB Approval Number: 2535–0116. Form Numbers: None. Description of the need for the information and proposed use: Executive Order 12862, ‘‘Setting Customer Service Standards’’ requires that Federal agencies provide the highest quality service to our customers by identifying them and determining what they think about our services. The surveys covered in the request for a generic clearance will provide HUD a means to gather this data directly from our customers. HUD will conduct various customer satisfaction surveys to gather feedback and data directly from our customers to determine the kind and quality of services and products they want and expect to receive. Number of respondents Reporting Burden ..................................................................................... Total estimated burden hours: 13,229 Status: Reinstatement with change of a previously approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: October 3, 2012. Colette Pollard, Department Reports Management Officer, Office of the Chief Information Officer. Bureau of Indian Affairs Shakopee Mdewakanton Sioux Community—Liquor Ordinance To Allow for On-Sale Liquor Transactions Interior. Notice. ACTION: This notice publishes the Shakopee Mdewakanton Sioux Community—Liquor Ordinance to Allow for On-Sale Liquor Transactions (Ordinance). The Ordinance regulates and controls the sale, consumption and possession of liquor within the Shakopee Mdewakanton Sioux Community’s Indian country. This Ordinance will increase the ability of pmangrum on DSK3VPTVN1PROD with NOTICES Jkt 229001 David Christensen, Tribal Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman Pointe II, 5600 West American Boulevard, Bloomington, MN 55437, Telephone (612) 725–4554; Fax (612) 713–4401; 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. 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 Shakopee Mdewakanton Sioux Community Business Council adopted the Liquor Ordinance to Allow for OnSale Liquor Transactions, by Business SUPPLEMENTARY INFORMATION: Bureau of Indian Affairs, 14:03 Oct 10, 2012 the tribal government to control the distribution and possession of liquor within its Indian country and at the same time will provide an important source of revenue and strengthening of the tribal government and the delivery of tribal services. FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF THE INTERIOR VerDate Mar<15>2010 11724 Effective Date: This Act is effective as of October 11, 2012. BILLING CODE 4210–67–P SUMMARY: 10 DATES: [FR Doc. 2012–24965 Filed 10–10–12; 8:45 am] AGENCY: Annual responses PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 Hours per response Burden hours 0.1128 × 13,229 Council Resolution No. 08–15–12–01, on August 15, 2012. 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 Business Council duly adopted the Liquor Ordinance to Allow for On-Sale Liquor Transactions on August 15, 2012. Dated: October 5, 2012. Donald E. Laverdure, Acting Assistant Secretary—Indian Affairs. The Shakopee Mdewakanton Sioux Community Liquor Ordinance to Allow for On-Sale Liquor Transactions shall read as follows: Section I. Title This Ordinance shall be known as the Shakopee Mdewakanton Sioux Community On-Sale Liquor Ordinance. This Ordinance is intended to replace and supersede the Shakopee Mdewakanton Sioux Community Resolution and Ordinance Providing for On-Sale Transactions of Intoxicating Beverages enacted by the Shakopee Mdewakanton Sioux Community General Council on September 21, 1983 and published in the Federal Register on April 10, 1984. It is enacted pursuant to Article V, § 1(h) of the Community Constitution. E:\FR\FM\11OCN1.SGM 11OCN1 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices Section II. Purpose The purpose is to authorize, regulate and control the sale and serving of onsale alcoholic beverages within the territory of the Shakopee Mdewakanton Sioux Community in accordance with federal law, the laws of the Tribe and the laws of the State of Minnesota. pmangrum on DSK3VPTVN1PROD with NOTICES Section III. Definitions A. ‘‘Business Council’’ shall mean the body composed of the members of the Tribe’s Business Council, duly elected and serving in accordance with the provisions of the Constitution of the Tribe. B. ‘‘General Council’’ shall mean the governing body of the Tribe, in accordance with the provisions of the Constitution of the Tribe. C. ‘‘License’’ shall mean permission to sell liquor for consumption at a Tribally-owned property located within the jurisdiction of the Shakopee Mdewakanton Sioux Community regardless of Reservation status which is issued in accordance with the provisions of this Ordinance. D. ‘‘Licensed premises’’ shall mean: (1) Locations where Tribal gaming or gaming-related activity is authorized and where the Tribal Gaming Enterprise may be authorized to sell liquor if such sales have been authorized by the Shakopee Mdewakanton Sioux Community Gaming Ordinance; (2) designated locations authorized by this Ordinance other than by subsection (1); or (3) gaming or non-gaming locations on other Tribally-owned property. E. ‘‘Liquor’’ shall mean any alcoholic beverage. F. ‘‘Non-gaming Location’’ shall mean those areas of the Reservation or under the jurisdiction of the Tribe where gaming is not authorized. A non-gaming location shall include areas within a Tribal Gaming Enterprise not designated by the Gaming Commission as gaming space within a Tribal Gaming Enterprise location. G. ‘‘On-sale’’ shall mean the sale of liquor for consumption on licensed premises only. H. ‘‘Tribe’’ shall mean the Shakopee Mdewakanton Sioux Community, a federally recognized Indian Tribe organized under Section 16 of the Indian Reorganization Act of 1934. I. ‘‘Tribal Gaming Enterprise’’ shall mean the Tribal department created by Tribal Ordinance and delegated the responsibility to operate and conduct bingo, the sale of pull tabs, gaming in general and the conduct of other games of chance, including but not limited to video games of chance, blackjack, card games, and any other lawful games of VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 chance and to oversee the Tribe’s gaming and gaming-related activity. J. ‘‘Tribal Gaming Location’’ shall mean those areas operated and overseen by the Tribal Gaming Enterprise where gaming is authorized and conducted on the Shakopee Mdewakanton Sioux Community Reservation. Section IV. Business Council Oversight Authority and Reporting Requirements A. The Business Council of the Tribe shall oversee liquor licensing, sales, and operations on Tribally-owned property located within the jurisdiction of the Shakopee Mdewakanton Sioux Community regardless of Reservation status. B. All on-sale liquor operations conducted by any Tribally authorized entity on Tribally-owned property within the jurisdiction of the Shakopee Mdewakanton Sioux Community regardless of Reservation status shall report at least annually to the General Council on all on-sale liquor operations. Section V. Licenses An annual license for on-sale liquor may be issued only to: (1) The Tribal Gaming Enterprise if it has received authorization as set forth in Section III(D)(1); or (2) a Tribal enterprise provided for in III(D)(3); A. Any on-sale liquor operation authorized by this Ordinance, including authorization for the Tribal Gaming Enterprise, must apply on behalf of each individual location within the Tribe’s jurisdiction for the on-sale liquor license and no sale shall be allowed unless the location has been duly licensed. B. Licenses shall be for the term of one year, running from the date of issuance through December 31 of the calendar year. C. Application procedure: 1. A Tribal enterprise including the Tribal Gaming Enterprise, if so authorized, shall complete an application form as provided by the Business Council. The application form shall require details, including but not limited to, the exact location or locations intended to become licensed premises. 2. The Business Council shall be authorized to issue a license for the sale of alcohol for consumption at the following locations: (a) The amphitheater; (b) the Meadows Golf Course; and (c) any areas not designated by the Gaming Commission as gaming space within a Gaming Enterprise location. 3. The Business Council may issue an on-sale liquor license if and when it is PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 61779 determined that all applicable Tribal and Federal requirements are satisfied. Section VI. Operation Under License A. A license issued hereunder shall authorize on-sale operations for the sale and consumption of liquor. B. Plan of Operation: 1. Prior to any sale of liquor, an onsale liquor operation, other than the Tribal Gaming Enterprise, and those locations identified in Section V (C)(2) above, must submit a specific and detailed plan of operation, including information required by Section V(C)(1) above, for approval by the General Council. No sales shall occur until the General Council has approved the plan. Any alteration of the plan of operation, including any changes regarding locations of alcohol sales and consumption, will require approval from the General Council. 2. If the Tribal Gaming Enterprise has been duly authorized to sell liquor, it shall submit the required plan to the Shakopee Gaming Enterprise Board of Directors for approval. C. Pursuant to federal law requirements, any on-sale liquor operation must conform its operations to those applicable laws of the State of Minnesota relating to the sale or possession or consumption of alcoholic beverages as required by the applicable Minnesota Statutes Annotated. D. Any and all on-sale transactions and consumption of liquor shall be confined to licensed premises. E. All authorized on-sale and consumption liquor operations must keep complete and accurate records of inventory and sales, and provide such information in its report to the General Council. F. The Business Council may suspend or revoke a license under this Ordinance for violation of any of the terms of this Ordinance; provided that an applicant shall be given notice and an opportunity to request a hearing before the Business Council prior to the suspension or revocation. Section VII. Sovereign Immunity Nothing contained in this Ordinance is intended to nor does it in any way limit, alter, restrict, or waive the Tribe’s sovereign immunity. Section VIII. Severability If any part of this Ordinance shall be found inoperable by operation of law, all surviving parts of this Ordinance shall remain in effect. Section IX. Jurisdiction The Tribal Court of the Shakopee Mdewkanton Sioux Community shall E:\FR\FM\11OCN1.SGM 11OCN1 61780 Federal Register / Vol. 77, No. 197 / Thursday, October 11, 2012 / Notices have jurisdiction over disputes arising from this law. Such jurisdiction shall be exclusive to the Tribal Court of the Shakopee Mdewakanton Sioux Community. Section X. Secretarial Approval This law shall become effective when it is certified by the Secretary of Interior and published in the Federal Register. [FR Doc. 2012–25025 Filed 10–10–12; 8:45 am] BILLING CODE 4310–4J–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Preparation of the 2013 American Indian Population and Labor Force Report Bureau of Indian Affairs, Interior. ACTION: Notice of Informational Sessions and Tribal Consultation Sessions. AGENCY: Indian Affairs will conduct two informational sessions and four leader-to-leader sessions with Indian tribes to obtain oral and written comments concerning preparation of the 2013 American Indian Population and Labor Force Report. DATES: Written comments are due November 12, 2012. See the SUPPLEMENTARY INFORMATION section of this notice for dates of the information sessions and leader-to-leader consultation sessions. ADDRESSES: See the SUPPLEMENTARY INFORMATION section of this notice for the locations of the informational sessions and leader-to-leader consultation sessions. Submit comments by email to: consultation@bia.gov or by U.S. mail to: Office of the Assistant Secretary—Indian Affairs, U.S. Department of the Interior, attn: Steven Payson, Mail Stop 4141 MIB, 1849 C Street NW., Washington, DC 20240. FOR FURTHER INFORMATION CONTACT: For further technical information regarding preparation of the 2013 Labor Force Report, please contact Steven Payson, Economist, Office of the Assistant Secretary—Indian Affairs, at (202) 513– 7745. For all other information, please contact Mr. Jonodev Chaudhuri, Counselor to the Assistant Secretary— Indian Affairs, at (202) 208–7613. SUPPLEMENTARY INFORMATION: Indian Affairs will conduct two informational sessions and four leader-to-leader sessions with Indian tribes to obtain oral and written comments concerning preparation of the 2013 American Indian Population and Labor Force Report. pmangrum on DSK3VPTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 14:03 Oct 10, 2012 Jkt 229001 Informational sessions. Two information sessions on this topic will be held to coincide with the Alaska Federation of Natives Conference and National Congress of American Indians Convention. In addition to an exchange of information, we welcome informal comments during the two informational sessions. • Annual Alaska Federation of Natives Conference, Room #3, second floor at the Dena’ina Center, 600 W. 7th Avenue, Anchorage, Alaska, Saturday, October 20, 2012, from 9 a.m. to 12 noon AKST (a teleconference line will be available for this informational session and can be accessed at (866) 723–7478, and with participant code #1572466. • National Congress of American Indians 69th Annual Convention, in Room #305 at the Sacramento Convention Center, 1400 J Street, Sacramento, California, on Wednesday, October 24, 2012, from 6 p.m. to 8 p.m. PST. Leader-to-leader consultation sessions. As part of our consultation efforts, we will be hosting four leaderto-leader sessions—three in-person sessions and one session via national conference. The four leader-to-leader sessions will build upon the informational sessions and focus on leader-to-leader dialogue. We will develop a transcript for the following leader-to-leader sessions. • Monday, October 29, 2012, 8:30 a.m. to 12:30 p.m. CST—in the Hilton Garden Inn located at 801 South Meridian, Oklahoma City, Oklahoma. You may contact the hotel at (405) 942– 1400. • Tuesday, October 30, 2012, 1 p.m. to 4 p.m. MST—at the Bureau of Indian Affairs’ Western Regional office in the fourth floor Eagle and Buffalo Rooms located at 2600 North Central Avenue, Phoenix, Arizona. Signs will be posted in the lobby and on the fourth floor. The Regional Director’s Office will validate parking for the garage located directly behind 2600 North Central Avenue. • Thursday, November 1, 2012, 8:30 a.m. to 12:30 p.m. MST—Holiday Inn Rushmore Plaza 505 North 5th Street, Rapid City, South Dakota. The Holiday Inn will provide a block of rooms for a limited time. You may contact the hotel at (605) 348–4000. • Friday, November 9, 2012, from 1 p.m. to 3 p.m. EST at (877) 716–4290, and with participant code 5074051. For any technical assistance during the national call, please contact (202) 208– 7163. PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 Background Accurate information on the population and employment levels of tribes is critically important for understanding the social and economic circumstances that tribes face and identifying the best policies and strategies for promoting economic development in Indian Country. Congress recognized this importance in the Indian Employment, Training, and Related Services Demonstration Act of 1992, as amended, (Pub. L. 102–477, § 17), by requiring the Department of the Interior to publish, at least once every two years, the American Indian Population and Labor Force Report. The Act specifically requires: [A] report on the population, by gender, eligible for the services which the Secretary provides to Indian people. The report shall include, but is not limited to, information at the national level by State, Bureau of Indian Affairs Service Area, and tribal level for the— (1) total service population; (2) the service population under age 16 and over 64; (3) the population available for work, including those not considered to be actively seeking work; (4) the employed population, including those employed with annual earnings below the poverty line; and (5) the numbers employed in private sector positions and in public sector positions. The Department is expected to produce the next American Indian Population and Labor Force Report in 2013. In preparation, the Department would like tribes’ input on the questions regarding how to define certain terms and how best to obtain the information required by the Act. In the past, Interior has obtained the Labor Force Report information required by the Act by surveying Tribes. Another option to obtain this data would be to acquire it from the U.S. Census Bureau. We are seeking Tribes’ input on these options for collecting data, and other issues, including: (1) To what extent do you have the above-listed population and employment information readily available to respond to a survey? (2) Would you be willing to respond to such a survey? (3) Is there other information, beyond that which is specifically required by the Act, that you would be willing to provide in a survey, if the information will help federal or Tribal programming? (4) Should Interior use information from the Census Bureau to answer the questions for the report? If so, what kind of information should be acquired from the Census Bureau’s published statistics? If not, is it a matter of the E:\FR\FM\11OCN1.SGM 11OCN1

Agencies

[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61778-61780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25025]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Shakopee Mdewakanton Sioux Community--Liquor Ordinance To Allow 
for On-Sale Liquor Transactions

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Shakopee Mdewakanton Sioux 
Community--Liquor Ordinance to Allow for On-Sale Liquor Transactions 
(Ordinance). The Ordinance regulates and controls the sale, consumption 
and possession of liquor within the Shakopee Mdewakanton Sioux 
Community's Indian country. This Ordinance will increase the ability of 
the tribal government to control the distribution and possession of 
liquor within its Indian country 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 October 11, 2012.

FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations 
Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman 
Pointe II, 5600 West American Boulevard, Bloomington, MN 55437, 
Telephone (612) 725-4554; Fax (612) 713-4401; 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 Shakopee Mdewakanton Sioux 
Community Business Council adopted the Liquor Ordinance to Allow for 
On-Sale Liquor Transactions, by Business Council Resolution No. 08-15-
12-01, on August 15, 2012.
    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 Business Council duly adopted the Liquor 
Ordinance to Allow for On-Sale Liquor Transactions on August 15, 2012.

    Dated: October 5, 2012.
Donald E. Laverdure,
Acting Assistant Secretary--Indian Affairs.

    The Shakopee Mdewakanton Sioux Community Liquor Ordinance to Allow 
for On-Sale Liquor Transactions shall read as follows:

Section I. Title

    This Ordinance shall be known as the Shakopee Mdewakanton Sioux 
Community On-Sale Liquor Ordinance. This Ordinance is intended to 
replace and supersede the Shakopee Mdewakanton Sioux Community 
Resolution and Ordinance Providing for On-Sale Transactions of 
Intoxicating Beverages enacted by the Shakopee Mdewakanton Sioux 
Community General Council on September 21, 1983 and published in the 
Federal Register on April 10, 1984. It is enacted pursuant to Article 
V, Sec.  1(h) of the Community Constitution.

[[Page 61779]]

Section II. Purpose

    The purpose is to authorize, regulate and control the sale and 
serving of on-sale alcoholic beverages within the territory of the 
Shakopee Mdewakanton Sioux Community in accordance with federal law, 
the laws of the Tribe and the laws of the State of Minnesota.

Section III. Definitions

    A. ``Business Council'' shall mean the body composed of the members 
of the Tribe's Business Council, duly elected and serving in accordance 
with the provisions of the Constitution of the Tribe.
    B. ``General Council'' shall mean the governing body of the Tribe, 
in accordance with the provisions of the Constitution of the Tribe.
    C. ``License'' shall mean permission to sell liquor for consumption 
at a Tribally-owned property located within the jurisdiction of the 
Shakopee Mdewakanton Sioux Community regardless of Reservation status 
which is issued in accordance with the provisions of this Ordinance.
    D. ``Licensed premises'' shall mean: (1) Locations where Tribal 
gaming or gaming-related activity is authorized and where the Tribal 
Gaming Enterprise may be authorized to sell liquor if such sales have 
been authorized by the Shakopee Mdewakanton Sioux Community Gaming 
Ordinance; (2) designated locations authorized by this Ordinance other 
than by subsection (1); or (3) gaming or non-gaming locations on other 
Tribally-owned property.
    E. ``Liquor'' shall mean any alcoholic beverage.
    F. ``Non-gaming Location'' shall mean those areas of the 
Reservation or under the jurisdiction of the Tribe where gaming is not 
authorized. A non-gaming location shall include areas within a Tribal 
Gaming Enterprise not designated by the Gaming Commission as gaming 
space within a Tribal Gaming Enterprise location.
    G. ``On-sale'' shall mean the sale of liquor for consumption on 
licensed premises only.
    H. ``Tribe'' shall mean the Shakopee Mdewakanton Sioux Community, a 
federally recognized Indian Tribe organized under Section 16 of the 
Indian Reorganization Act of 1934.
    I. ``Tribal Gaming Enterprise'' shall mean the Tribal department 
created by Tribal Ordinance and delegated the responsibility to operate 
and conduct bingo, the sale of pull tabs, gaming in general and the 
conduct of other games of chance, including but not limited to video 
games of chance, blackjack, card games, and any other lawful games of 
chance and to oversee the Tribe's gaming and gaming-related activity.
    J. ``Tribal Gaming Location'' shall mean those areas operated and 
overseen by the Tribal Gaming Enterprise where gaming is authorized and 
conducted on the Shakopee Mdewakanton Sioux Community Reservation.

Section IV. Business Council Oversight Authority and Reporting 
Requirements

    A. The Business Council of the Tribe shall oversee liquor 
licensing, sales, and operations on Tribally-owned property located 
within the jurisdiction of the Shakopee Mdewakanton Sioux Community 
regardless of Reservation status.
    B. All on-sale liquor operations conducted by any Tribally 
authorized entity on Tribally-owned property within the jurisdiction of 
the Shakopee Mdewakanton Sioux Community regardless of Reservation 
status shall report at least annually to the General Council on all on-
sale liquor operations.

Section V. Licenses

    An annual license for on-sale liquor may be issued only to: (1) The 
Tribal Gaming Enterprise if it has received authorization as set forth 
in Section III(D)(1); or (2) a Tribal enterprise provided for in 
III(D)(3);
    A. Any on-sale liquor operation authorized by this Ordinance, 
including authorization for the Tribal Gaming Enterprise, must apply on 
behalf of each individual location within the Tribe's jurisdiction for 
the on-sale liquor license and no sale shall be allowed unless the 
location has been duly licensed.
    B. Licenses shall be for the term of one year, running from the 
date of issuance through December 31 of the calendar year.
    C. Application procedure:
    1. A Tribal enterprise including the Tribal Gaming Enterprise, if 
so authorized, shall complete an application form as provided by the 
Business Council. The application form shall require details, including 
but not limited to, the exact location or locations intended to become 
licensed premises.
    2. The Business Council shall be authorized to issue a license for 
the sale of alcohol for consumption at the following locations: (a) The 
amphitheater; (b) the Meadows Golf Course; and (c) any areas not 
designated by the Gaming Commission as gaming space within a Gaming 
Enterprise location.
    3. The Business Council may issue an on-sale liquor license if and 
when it is determined that all applicable Tribal and Federal 
requirements are satisfied.

Section VI. Operation Under License

    A. A license issued hereunder shall authorize on-sale operations 
for the sale and consumption of liquor.
    B. Plan of Operation:
    1. Prior to any sale of liquor, an on-sale liquor operation, other 
than the Tribal Gaming Enterprise, and those locations identified in 
Section V (C)(2) above, must submit a specific and detailed plan of 
operation, including information required by Section V(C)(1) above, for 
approval by the General Council. No sales shall occur until the General 
Council has approved the plan. Any alteration of the plan of operation, 
including any changes regarding locations of alcohol sales and 
consumption, will require approval from the General Council.
    2. If the Tribal Gaming Enterprise has been duly authorized to sell 
liquor, it shall submit the required plan to the Shakopee Gaming 
Enterprise Board of Directors for approval.
    C. Pursuant to federal law requirements, any on-sale liquor 
operation must conform its operations to those applicable laws of the 
State of Minnesota relating to the sale or possession or consumption of 
alcoholic beverages as required by the applicable Minnesota Statutes 
Annotated.
    D. Any and all on-sale transactions and consumption of liquor shall 
be confined to licensed premises.
    E. All authorized on-sale and consumption liquor operations must 
keep complete and accurate records of inventory and sales, and provide 
such information in its report to the General Council.
    F. The Business Council may suspend or revoke a license under this 
Ordinance for violation of any of the terms of this Ordinance; provided 
that an applicant shall be given notice and an opportunity to request a 
hearing before the Business Council prior to the suspension or 
revocation.

Section VII. Sovereign Immunity

    Nothing contained in this Ordinance is intended to nor does it in 
any way limit, alter, restrict, or waive the Tribe's sovereign 
immunity.

Section VIII. Severability

    If any part of this Ordinance shall be found inoperable by 
operation of law, all surviving parts of this Ordinance shall remain in 
effect.

Section IX. Jurisdiction

    The Tribal Court of the Shakopee Mdewkanton Sioux Community shall

[[Page 61780]]

have jurisdiction over disputes arising from this law. Such 
jurisdiction shall be exclusive to the Tribal Court of the Shakopee 
Mdewakanton Sioux Community.

Section X. Secretarial Approval

    This law shall become effective when it is certified by the 
Secretary of Interior and published in the Federal Register.

[FR Doc. 2012-25025 Filed 10-10-12; 8:45 am]
BILLING CODE 4310-4J-P