Shakopee Mdewakanton Sioux Community-Liquor Ordinance To Allow for On-Sale Liquor Transactions, 61778-61780 [2012-25025]
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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
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effective as of October 11, 2012.
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SUMMARY:
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DATES:
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AGENCY:
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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.
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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
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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
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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
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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:
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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.
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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
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]]>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
