Little Traverse Bay Bands of Odawa Indians Liquor Control Statute, 17779-17783 [2015-07614]

Download as PDF Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices www.regulations.gov), your entire submission—including any personal identifying information—will be posted on the Web site. If your submission is made via a hardcopy that includes personal identifying information, you may request at the top of your document that we withhold this information from public review. However, we cannot guarantee that we will be able to do so. We will post all hardcopy submissions at http://www.regulations.gov. Reviewing Public Comments Comments and materials we receive will be available for public inspection at http://www.regulations.gov. Alternatively, you may view them by appointment during normal business hours at 5275 Leesburg Pike, Falls Church, VA 22041–3803. Please contact Mr. London (see FOR FURTHER INFORMATION CONTACT). Obtaining Meeting Minutes Summary minutes of the meeting will be available on the Council Web site at http://www.fws.gov/international/ advisory-council-wildlife-trafficking/, as well as at http://www.regulations.gov. Alternatively, you may view them by appointment during normal business hours at 5275 Leesburg Pike, Falls Church, VA 22041–3803. Please contact Mr. London (see FOR FURTHER INFORMATION CONTACT). Gloria Bell, Deputy Assistant Director, International Affairs, U.S. Fish and Wildlife Service. [FR Doc. 2015–07546 Filed 4–1–15; 8:45 am] BILLING CODE CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [145A21000DDAAK3000000/ ADT00000.00000] Little Traverse Bay Bands of Odawa Indians Liquor Control Statute Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: This notice publishes the Little Traverse Bay Bands of Odawa Indians Liquor Control Statute. The Statute establishes a Liquor and Tobacco Licensing Board to regulate and control the possession, sale, and consumption of liquor and tobacco within the jurisdiction of the Little Traverse Bay Bands of Odawa Indians. The Statute consists of two chapters: Waganakising Odawak Statute 2009–019 (Liquor and Tobacco Licensing Board tkelley on DSK3SPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 Statute) and Waganakising Odawak Statute 2014–006 (Liquor and Tobacco License Violations Statute). The Statute repeals and replaces the previous liquor control ordinance published in the Federal Register on December 14, 1999 (64 FR 69780), and any and all previous Statutes. DATES: This ordinance shall become effective 30 days after April 2, 2015. FOR FURTHER INFORMATION CONTACT: Mr. David Christensen, Tribal Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, 5600 West American Blvd., Suite 500, Bloomington, Minnesota 55437, Telephone: (612) 725–4554; Fax: (612) 713–4401, or Ms. Laurel Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C Street NW., MS–4513–MIB, Washington, DC 20240; Telephone: (202) 513–7641. 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 Little Traverse Bay Bands of Odawa Indians duly adopted Waganakising Odawak Statute 2009–019 (Liquor and Tobacco Licensing Board Statute) on July 26, 2009, and Waganakising Odawak Statute 2014–006 (Liquor and Tobacco License Violations Statute) on June 8, 2014. Together, the Statutes repeal and replace the previous liquor control ordinance published in the Federal Register on December 14, 1999 (64 FR 69780). 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 Little Traverse Bay Bands of Odawa Indians duly adopted Statute Waganakising Odawak Statute 2009–019 (Liquor and Tobacco Licensing Board Statute) on July 26, 2009, and Waganakising Odawak Statute 2014–006 (Liquor and Tobacco License Violations Statute) on June 8, 2014. Dated: March 26, 2015. Kevin K. Washburn, Assistant Secretary—Indian Affairs. Chapter 27. Liquor and Tobacco Licensing Board Statute 6.2701 Short Title This Statute may be cited as the ‘‘Licensing Board.’’ PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 17779 (Source: WOS 2009–019, July 26, 2009, Section I) 6.2702 Purpose The purpose of this Statute is to provide for the establishment of the Liquor and Tobacco Licensing Board that issues, renews and regulates liquor and tobacco licenses and permits in order to protect the rights and interest of Tribal Citizens. (Source: WOS 2009–019, July 26, 2009, Section II) 6.2703 Definitions The following definitions apply in this Statute: A. ‘‘Alcoholic Liquor’’ means the four varieties of liquor (alcohol, spirits, wine and beer) and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquor or solid or semi-solid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semi-solid, solid, or other substance, which contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. B. ‘‘Board’’ means the Liquor and Tobacco Licensing Board. C. ‘‘Cigarette’’ means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. D. ‘‘Licensee’’ means any person or entity, including any employee or agent of the Licensee, licensed by the Tribe to sell alcohol or tobacco on Tribal trust lands. E. ‘‘LTBB’’ or ‘‘Tribe’’ means the Waganakising Odawak Nation, also known as the Little Traverse Bay Bands of Odawa Indians. F. ‘‘Person’’ or ‘‘Entity’’ means any individual, firm, partnership, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, trustee, syndicate or any other group or combination acting as a unit. G. ‘‘Tobacco Products’’ means all forms of tobacco prepared in such a manner as to be suitable for chewing or smoking including cigarettes, cigars, smoking tobacco, snuff, and chewing tobacco. E:\FR\FM\02APN1.SGM 02APN1 17780 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices H. ‘‘Tribal Court’’ means the Little Traverse Bay Bands of Odawa Tribal Court. (Source: WOS 2009–019, July 26, 2009, Section III) 6.2704 Liquor and Tobacco Licenses A. Any person or entity that shall engage in the sale of alcohol or tobacco within the jurisdiction of the Tribe shall first obtain a license for such sale, provided that any person or entity engaging in such sales prior to the adoption of this Statute shall obtain a license within sixty (60) days from the enactment of this Statute. B. A license shall be valid for a period of one (1) year from the date of its issuance and shall expire automatically without notice on the expiration date stated in the license. C. No license shall be transferable. D. Temporary licenses for a limited time-frame and purpose may also be available. (Source: WOS 2009–019, July 26, 2009, Section IV) tkelley on DSK3SPTVN1PROD with NOTICES 6.2705 Board Liquor and Tobacco Licensing A. The Liquor and Tobacco Licensing Board (‘‘Board’’) is hereby created within the Executive Branch to carry out the purposes stated in this Statute, and each annual budget submitted by the Executive shall include funding for the Board’s operation subject to funding availability. B. The Board shall adopt policies and regulations to carry out its duties under this Statute, subject to Tribal Council approval. General application of Commission, Board, and Committee Statutes shall not apply to this board unless designated otherwise. C. The Board shall meet once a year in regular meetings and additionally if necessary within 15 days of receiving any request for action by the Board. D. Appointments, Term, Nepotism, and Conflict. 1. The Board shall consist of three (3) members nominated by the Executive and confirmed by the Tribal Council. To be eligible for appointment a person must be a Tribal Citizen who is at least eighteen (18) years of age and is familiar with all Tribal liquor and tobacco laws, regulations, policies, and procedures. One Board member will have at least two years experience in law enforcement, legal, or judiciary. The Board members shall serve three-year terms with initial appointments being one member for one year, a second member for two years, and a third for three years to provide for staggered terms. VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 2. Tribal employees may serve on the Board and may be compensated by stipend if the Board is not directly related to their employment, does not interfere with their work, and does not meet during scheduled work hours. If a Board meets during scheduled working hours and the staff member wishes to attend, the staff member must utilize PTO (personal time off), or flextime upon prior approval of the individual’s supervisor. 3. Two or more members of the same immediate family as defined in the Constitution shall not serve on the Board at the same time. 4. No Board member may participate in making any decision that involves a personal or financial interest of the Board or a member of his or her immediate family unless such interest is held in common with the Tribe and its Citizens. E. Open Meetings and Records 1. Board meetings shall be open to LTBB Citizens. 2. Board records shall be open to LTBB Citizens. 3. The Board must provide notice of meetings at least five days in advance of the meeting. F. Compensation and Stipends 1. Board members who attend any meeting or hearing directly related to their duties or attend any event where their attendance is required may be compensated for attendance so long as there are funds available in the Board’s budget. 2. Board members shall receive a stipend for attendance at Board meetings subject to the availability of funds. 3. Any Board member who attends a properly noticed meeting shall be eligible for a stipend, mileage, and expenses, even if no official action can be taken due to lack of a quorum. (Source: WOS 2009–019, July 26, 2009, Section V) 6.2706 Authority A. The Board shall hear and decide the granting, denial, or renewal of licenses and permits. B. The Board shall hear and decide on the suspension or revocation of a license based on citations of violations. C. The Board shall hear and decide appeals on the issuance of citations. D. The Board may hire inspectors or investigators provided funding availability. (Source: WOS 2009–019, July 26, 2009, Section VII) PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 6.2707 Appeals of Citations to the Board A. Any party who has received an issuance of citations and disagrees with the citation may appeal to the Board. 1. An appeal of a citation must be filed within fourteen (14) days of the issuance of the citation. The party must file a written appeal to the Board including at a minimum: a. A clear and concise statement of the reason(s) the appellant believes the decision should be overturned by the Board; and b. The relief requested from the Board. B. The aggrieved party must be given an effective opportunity to defend themselves by confronting any adverse witnesses and by being allowed to present witnesses, evidence and arguments. C. The Board shall hear the appeal within fifteen (15) calendar days of filing, either during a regular meeting or special meeting called for that purpose, and issue its written ruling within ten (10) days of such hearing. (Source: WOS 2009–019, July 26, 2009, Section VIII) 6.2708 Judicial Review A. Decisions of the Board may be appealed to the Tribal Court by filing a written appeal with the Court within ten (10) days of the Board’s ruling. The Court shall uphold the decision of the Board unless the Court determines that the Board’s decision is clearly arbitrary, capricious, or otherwise not in accordance with applicable law or regulations. B. The Tribal Council expressly waives the sovereign immunity of the Tribe and its agents for the limited purpose of reviewing the decisions of the Board under the standards set forth in Section VI.A and allowing for the remedies set forth in Section VI.C. C. In the event the Court finds the Board’s decision to be clearly arbitrary, capricious, or otherwise not in accordance with applicable law or regulations, it shall enter an equitable order overturning the Board’s action, but shall not award monetary damages. (Source: WOS 2009–019, July 26, 2009, Section IX) 6.2709 Sovereign Immunity The Tribe, and all of its constituent parts, which includes but is not limited to Tribal enterprises, subordinate organizations, boards, committees, officers, employees and agents, are immune from suit in any jurisdiction except to the extent that such immunity has been clearly and expressly waived by Tribe Council. E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices 17781 (Source: WOS 2009–019, July 26, 2009, Section X) Constitution, Article VII D (1), D (16), D (19), and D (24). implement this statute, as may be amended. 6.2710 Section IV. Definitions The following definitions apply in this Statute: A. ‘‘Alcoholic Liquor’’ means the four varieties of liquor (alcohol, spirits, wine, and beer) and all fermented, spirituous, vinous, or malt liquor, or combinations thereof, and mixed liquor, a part of which is fermented, spirituous, vinous or malt liquor, or otherwise intoxicating; and every liquor or solid or semi-solid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption, and any liquid, semi-solid, solid, or other substance that contains more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. B. ‘‘Board’’ means the Liquor and Tobacco Licensing Board. C. ‘‘Cigarette’’ means any roll for smoking, made wholly or in part of tobacco, irrespective of size or shape and irrespective of whether the tobacco is flavored, adulterated or mixed with any other ingredient, where such roll has a wrapper or cover made of paper or any material, except where such wrapper is wholly or in the greater part made of natural leaf tobacco in its natural state. D. ‘‘Licensee’’ means any person or entity, includes any employee or agent of the Licensee, licensed by the Tribe to sell alcohol or tobacco on Tribal trust lands. E. ‘‘LTBB’’ or ‘‘Tribe’’ means the Waganakising Odawak Nation, also known as the Little Traverse Bay Bands of Odawa Indians. F. ‘‘Person’’ or ‘‘Entity’’ means any individual, firm, partnership, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, receiver, trustee, syndicate or any other group or combination acting as a unit. G. ‘‘Tobacco Products’’ means all forms of tobacco prepared in such a manner as to be suitable for chewing or smoking including cigarettes, cigars, smoking tobacco, snuff, and chewing tobacco. H. ‘‘Tribal Court’’ means the Little Traverse Bay Bands of Odawa Tribal Court. Section VI. Regulations The Executive may develop Regulations as it deems necessary for the implementation of the intent of this Statute and shall forward such Regulations to the Tribal Council for approval. (Source: WOS 2009–019, July 26, 2009, Section XI) 6.2711 Savings Clause In the event that any section, subsection, or phrase of this Statute is found by a court of competent jurisdiction to violate the Constitution or laws of the Little Traverse Bay Bands of Odawa Indians, such part shall be considered to stand alone and to be deleted from this Statute, the entirety of the balance of the Statute to remain in full and binding force and effect so long as the overall intent of the Statute remains intact. (Source: WOS 2009–019, July 26, 2009, Section XII) 6.2712 Effective Date Effective upon the signature of the Executive, or 30 days from submission to the Executive branch, or if the Executive vetoes the legislation, then upon Tribal Council override of the veto. (Source: WOS 2009–019, July 26, 2009, Section XIII) Waganakising Odawak Statute 2014–006 Liquor and Tobacco License Violations Statute Section I. Short Title This Statute may be cited as the ‘‘License Violation Statute.’’ This Statute repeals and replaces Waganakising Odawak Statute 1999–008 and previous Statute WOS 1997–021, and any and all previous Statutes. tkelley on DSK3SPTVN1PROD with NOTICES Section II. Purpose The purpose of this Statute is to provide for violations of Liquor and Tobacco Licenses issued by the Liquor and Tobacco Licensing Board that may impair the issuance or renewal of a liquor or tobacco license or may cause such licenses to be suspended or revoked in order to protect the rights and interest of the Tribe and Tribal Citizens. Section III. Authority Tribal Council has the power and authority to regulate the liquor and tobacco sales and violations as set forth in this Statute in accordance with the VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 Section V. Liquor and Tobacco Licensing Board The Liquor and Tobacco Licensing Board established by WAGANAKISING STATUTE, LIQUOR AND TOBACCO LICENSING BOARD STATUTE, is an Executive Board and is authorized to PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Liquor Violations Citations may be issued for the violations of the following: A. Under the age of Twenty-One (21). 1. A licensee shall not directly, individually, or by a clerk, agent, or servant knowingly sell, furnish, or give alcoholic liquor to a person under the age of twenty-one (21) or fail to make diligent inquiry as to whether the person is of age. 2. A licensee shall not allow any person who is less than eighteen (18) years of age to sell or serve alcoholic liquor. B. Intoxicated Persons. 1. A licensee shall not directly or indirectly, individually or by a clerk, agent, or servant sell, furnish, or give alcoholic liquor to a person who is visibly intoxicated. 2. A licensee shall not allow an intoxicated person to consume alcoholic liquor on the licensed premises. C. Hours of Sales. 1. A licensee shall not sell at retail, give away, or furnish alcoholic liquor between the following hours: 2 a.m. and 7 a.m. of any day. 2. Variations: The except as modified by an intergovernmental agreement that may apply to a specific Tribal enterprise and 4 a.m. and 7 a.m. on January 1 (New Year’s Day). D. Extended Hours. An extended hour(s) permit is required for an on-premises licensee to allow for the sale or consumption of alcoholic liquor at any time other than the legal hours for the sale and consumption of alcoholic liquor. E. Sale of Adulterated or Mislabeled Liquor. 1. A licensee by himself or by his agent or employee, shall not sell, offer for sale, or possess any alcoholic liquor that is adulterated or misbranded or any alcoholic liquor in bottles that have been refilled. 2. Alcoholic liquor shall be deemed adulterated if it contains any liquids or other ingredients not placed there by the original manufacturer or bottler. For the purposes of this Section, alcoholic liquor shall be deemed misbranded when not plainly labeled, marked, or otherwise designated. 3. Alcoholic liquor bottles shall be deemed to be refilled when the bottles contain any liquid or other ingredient not placed in the bottles by the original manufacturer. F. Premises. 1. A Licensee shall not allow alcoholic liquor sold for on-premises E:\FR\FM\02APN1.SGM 02APN1 tkelley on DSK3SPTVN1PROD with NOTICES 17782 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices consumption to be removed from premises. 2. A Licensee that sells wine on the premises may allow an individual who has purchased a meal and who has purchased and partially consumed a bottle of wine with the meal, to remove the partially consumed bottle from the premises upon departure, provided that the licensee or the licensee’s clerk, agent, or employee shall reinsert a cork so that the top of the cork is level with the lip of the bottle. 3. This section does not allow for the removal of any additional unopened bottles of wine unless the licensee is licensed to conduct off premises sales. 4. This section does not prevent a hotel from allowing its invitees or guests to possess or consume, or both, on or about its premises, alcoholic liquor purchased by the invitee or guest from an off-premises retailer, and does not prevent a guest or invitee from entering and exiting the licensed premises with alcoholic liquor purchased from an offpremises retailer. 5. An off-premise licensee who is not licensed as an on-premise licensee shall not have open containers of alcoholic liquor on the premises. 6. An off-premise licensee who is not licensed as an on-premise licensee shall not allow the consumption of alcoholic liquor on the licensed premises, except as allowed in G (2). 7. An off-premise licensee shall not give bottle or can openers to purchasers and shall not open bottles or cans of alcoholic liquor for purchasers on the licensed premises. 8. An off-premise licensee shall not knowingly allow a person to consume alcoholic liquor on property owned, leased, or possessed by the licensee adjacent to the licensed premises. G. Giving Away Alcoholic Liquor 1. A Licensee shall not give away any alcoholic liquor of any kind or description at any time in connection with his or her business, except manufacturers for consumption on the premises only. 2. Exceptions: a. If the licensee is a hotel, the licensee may give away alcoholic liquor to an invitee or guest in connection with a business event or as a part of a room special or promotion for overnight accommodations. b. Licensee may allow samplings or tastings of any alcoholic liquor for which monetary gain or other remuneration could reasonably be expected. c. Tasting of alcoholic liquor as part of a bona fide market research organization that is conducted for a product before it is approved for sale. VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 d. Licensee may allow giving a sampling or tasting of alcoholic liquor to an employee of the licensee during the legal hours for consumption for the purpose of educating the employee regarding 1 or more types of alcoholic liquor so long as the employee is at least 21 years of age. H. Quantity of Alcohol. 1. An on-premise licensee shall not sell, offer to sell, or advertise the sale of, an unlimited quantity of alcoholic liquor at a specific price. 2. No licensee shall sell, offer to sell, or advertise the sale of, two or more identical drinks containing alcoholic liquor to a person for their consumption for one price. When two or more identical drinks containing alcoholic liquor are served to a person at one time, the price charged for the second drink shall be the same price as for the first drink. I. Prizes, alcohol use. A licensee shall not participate in or sponsor any contest that requires the use or consumption of alcoholic liquor or features alcoholic liquor as a prize in connection with a contest. Sponsored events that involve the purchase of alcoholic liquor for eligibility are exempt. J. Controlled Substances/Drug Paraphernalia. A licensee shall not allow the sale, possession, or consumption on the licensed premises of any controlled substances that are prohibited by Tribal, State of Michigan or Federal Law. K. Fights and Weapons. 1. A licensee shall not allow fights on or in the licensed premises, other than promotional events such as boxing, cage fights, etc. Nor shall a licensee, or the clerk, servant, agent, or employee of the licensee, allow, on the licensed premises, the annoying or molesting of customers or employees by other customers or employees. 2. A licensee shall not allow the unlawful possession or use of firearms, knives, or other weapons on the premises. L. Improper or No Display of Liquor License/Permits. Licenses issued by the commission shall be signed by the licensee, shall be framed under transparent material, and shall be prominently displayed in the licensed premises. M. Suspension of License. 1. A licensee shall not sell, offer for sale, furnish, consume, or allow the consumption of, alcoholic liquor on the licensed premises during the period that the license is suspended by the Board. 2. During the time of suspension of a license by the Board, the notice of the suspension shall be continuously posted PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 in a conspicuous place on the licensed premises in full view of the public. N. Cooperation with Officers. A licensee, or clerk, servant, agent or employee of the licensee, shall not hinder or obstruct a law enforcement officer, commission inspector, or investigator in the course of investigating or inspecting the premises and shall not refuse, fail, or neglect to cooperate with a law enforcement officer, commission, inspector or investigator in the performance of his or her duties to enforce the act or commission rules. Section VII. Tobacco Violations A. Prohibited Places. Smoking or carrying lighted tobacco in any form is prohibited in the following areas: 1. Public areas designated as ‘‘nonsmoking’’. 2. Passenger elevators. 3. Tribal Governmental Buildings. 4. School Buildings. 5. Child Care Centers. Smoking is permitted on these premises during the time these facilities are not in operation, but the operator of the facility must inform parents or guardians that smoking on the premises may occur during these times. 6. Health Facilities. Smoking is prohibited in the common and treatment areas of health facilities, including hospitals, health clinics, and doctors’ offices. Patients may be permitted to smoke if the medical staff determines that this prohibition would be detrimental to treatment. Smoking areas provided in these cases must be separately ventilated to ensure that there is a smoke-free environment in other patient care and common areas. 7. Licensed Nursing Homes and Licensed Homes for the Aged. Licensed nursing homes and licensed homes for the aged must adopt a policy that regulates smoking to provide patients with the option of non-smoking rooms, and restrict patient smoking to private or semiprivate rooms or designated smoking areas. Visitors and staff are permitted to smoke in designated smoking areas only. Tobacco sales are prohibited in nursing homes, except as provided for by owners. Notices must be posted for smoking and non-smoking areas. 8. Restaurants. Food service establishments seating fifty (50) or more persons must reserve a seating area for a nonsmoking section. All food service establishments seating fewer than fifty (50) people are not required to provide for a non-smoking section. Public areas in restaurants must be smoke-free. These areas include, but are not limited to, restrooms, coatrooms, and entrances. E:\FR\FM\02APN1.SGM 02APN1 tkelley on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices Public areas do not include lobbies, waiting rooms, hallways, or lounges. B. Under the Age of Eighteen (18). 1. A person shall not sell or furnish any tobacco product to a person less than eighteen (18) years of age. 2. It is an affirmative defense that the defendant had, and continues to have in force, a written policy to prevent the sale of tobacco products to minors and enforces said policy. 3. This does not apply to the handling or transportation of a tobacco product by a person under the age of eighteen (18) under the terms of employment. 4. This does not interfere with the right of a parent or legal guardian in the rearing and management of their minor children within the bounds of their private premises. C. Sign Posting. A person who sells tobacco products at retail shall post, in a place close to the point of sale, conspicuous to both employees and customers, a sign produced by the Department of Community Health that states: ‘‘THE PURCHASE OF TOBACCO PRODUCTS BY A MINOR UNDER 18 YEARS OF AGE AND PROVISION OF TOBACCO PRODUCTS TO A MINOR ARE PROHIBITED BY LAW. A MINOR UNLAWFULLY PURCHASING OR USING TOBACCO PRODUCTS IS SUBJECT TO PENALTIES.’’ D. Internet Sales. All sales conducted through the Internet, by telephone, or in a mail-order transaction shall be prohibited. E. Single Cigarettes. A person who sells tobacco products at retail shall not sell a cigarette separately from its package. This does not apply to tobacco specialty stores or other retail stores that deal exclusively in the sale of tobacco products and smoking paraphernalia. F. Vending Machines Placement. Vending machines are restricted to areas that are not easily accessible to persons under the age of eighteen (18) and are within the direct visual supervision of an adult. G. Improper or no display of license/ permits Licenses issued by the commission shall be signed by the licensee, shall be framed under transparent material, and shall be prominently displayed in the licensed premises. H. Suspension of License. 1. A licensee shall not sell, offer for sale, or furnish, tobacco on the licensed premises during the period that the license is suspended by the Board. 2. During the time of suspension of a license by the Board, the notice of the suspension shall be continuously posted in a conspicuous place on the licensed premises in full view of the public. I. Cooperation with Officers. VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 A licensee, clerk, servant, agent, or employee of the licensee shall not hinder or obstruct a law enforcement officer, commission inspector, or investigator in the course of investigating or inspecting the premises and shall not refuse, fail, or neglect to cooperate with a law enforcement officer, commission inspector or investigator in the performance of his or her duties to enforce the act or commission rules. Section VIII. Religious Freedom Nothing in this Statute shall prohibit American Indians from practicing any recognized religious ceremony, ritual, or activity in accordance with their Religious Freedom. Section IX. Marketing A licensee shall not intentionally market for profit tobacco or tobacco products to persons under the age of eighteen (18). Section X. Application of State Law Per the United States Code, 18 U.S.C. 1161, all acts or transactions regarding liquor control shall conform to this Statute or the laws of Michigan, whichever is more stringent. Nothing in this section or Statute is intended to allow the State of Michigan to exercise any jurisdiction over the Tribe, its members, or any persons or transactions within jurisdiction of the Tribe. Nothing in this section or statute is intended to in any way waive or limit the sovereign immunity of the Tribe. Section XI. Enforcement A. The Tribal Law Enforcement Department is authorized to issue citations for violations of this Statute. B. Any inspectors and/or investigators hired by the Board are authorized to issue citations of violations of this Statute. Section XII. Savings Clause In the event that any section, subsection or phrase of this Statute is found by a court of competent jurisdiction to violate the Constitution or laws of the Little Traverse Bay Bands of Odawa Indians, such part shall be considered to stand alone and to be deleted from this Statute, the entirety of the balance of the Statute to remain in full and binding force and effect so long as the overall intent of the Statute remains intact. Section XIII. upon Tribal Council override of the veto. [FR Doc. 2015–07614 Filed 4–1–15; 8:45 am] BILLING CODE CODE 4337–15–P DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—3d Pdf Consortium, Inc. Notice is hereby given that, on February 23, 2015, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (‘‘the Act’’), 3D PDF Consortium, Inc. (‘‘3D PDF’’) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act’s provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Leslie Miller (individual member), Greenville, SC; and Olivier Rigolett (individual member), Lyon, FRANCE, have been added as parties to this venture. No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and 3D PDF intends to file additional written notifications disclosing all changes in membership. On March 27, 2012, 3D PDF filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on April 20, 2012 (77 FR 23754). The last notification was filed with the Department on December 4, 2014. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on January 5, 2015 (80 FR 260). Patricia A. Brink, Director of Civil Enforcement, Antitrust Division. [FR Doc. 2015–07529 Filed 4–1–15; 8:45 am] BILLING CODE CODE P Effective Date Effective upon the signature of the Executive, or 30 days from submission to the Executive branch, or if the Executive vetoes the legislation, then PO 00000 Frm 00070 Fmt 4703 Sfmt 9990 17783 E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17779-17783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07614]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[145A21000DDAAK3000000/ADT00000.00000]


Little Traverse Bay Bands of Odawa Indians Liquor Control Statute

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Little Traverse Bay Bands of Odawa 
Indians Liquor Control Statute. The Statute establishes a Liquor and 
Tobacco Licensing Board to regulate and control the possession, sale, 
and consumption of liquor and tobacco within the jurisdiction of the 
Little Traverse Bay Bands of Odawa Indians. The Statute consists of two 
chapters: Waganakising Odawak Statute 2009-019 (Liquor and Tobacco 
Licensing Board Statute) and Waganakising Odawak Statute 2014-006 
(Liquor and Tobacco License Violations Statute). The Statute repeals 
and replaces the previous liquor control ordinance published in the 
Federal Register on December 14, 1999 (64 FR 69780), and any and all 
previous Statutes.

DATES: This ordinance shall become effective 30 days after April 2, 
2015.

FOR FURTHER INFORMATION CONTACT: Mr. David Christensen, Tribal 
Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, 
5600 West American Blvd., Suite 500, Bloomington, Minnesota 55437, 
Telephone: (612) 725-4554; Fax: (612) 713-4401, or Ms. Laurel Iron 
Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C 
Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-
7641.

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 Little Traverse Bay Bands of Odawa 
Indians duly adopted Waganakising Odawak Statute 2009-019 (Liquor and 
Tobacco Licensing Board Statute) on July 26, 2009, and Waganakising 
Odawak Statute 2014-006 (Liquor and Tobacco License Violations Statute) 
on June 8, 2014. Together, the Statutes repeal and replace the previous 
liquor control ordinance published in the Federal Register on December 
14, 1999 (64 FR 69780).
    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 Little Traverse Bay Bands of Odawa Indians 
duly adopted Statute Waganakising Odawak Statute 2009-019 (Liquor and 
Tobacco Licensing Board Statute) on July 26, 2009, and Waganakising 
Odawak Statute 2014-006 (Liquor and Tobacco License Violations Statute) 
on June 8, 2014.

    Dated: March 26, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.

Chapter 27. Liquor and Tobacco Licensing Board Statute

6.2701 Short Title
    This Statute may be cited as the ``Licensing Board.''

(Source: WOS 2009-019, July 26, 2009, Section I)
6.2702 Purpose
    The purpose of this Statute is to provide for the establishment of 
the Liquor and Tobacco Licensing Board that issues, renews and 
regulates liquor and tobacco licenses and permits in order to protect 
the rights and interest of Tribal Citizens.

(Source: WOS 2009-019, July 26, 2009, Section II)
6.2703 Definitions
    The following definitions apply in this Statute:
    A. ``Alcoholic Liquor'' means the four varieties of liquor 
(alcohol, spirits, wine and beer) and all fermented, spirituous, 
vinous, or malt liquor, or combinations thereof, and mixed liquor, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every liquor or solid or semi-solid or 
other substance, patented or not, containing alcohol, spirits, wine or 
beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semi-solid, 
solid, or other substance, which contains more than one percent of 
alcohol by weight shall be conclusively deemed to be intoxicating.
    B. ``Board'' means the Liquor and Tobacco Licensing Board.
    C. ``Cigarette'' means any roll for smoking, made wholly or in part 
of tobacco, irrespective of size or shape and irrespective of whether 
the tobacco is flavored, adulterated or mixed with any other 
ingredient, where such roll has a wrapper or cover made of paper or any 
material, except where such wrapper is wholly or in the greater part 
made of natural leaf tobacco in its natural state.
    D. ``Licensee'' means any person or entity, including any employee 
or agent of the Licensee, licensed by the Tribe to sell alcohol or 
tobacco on Tribal trust lands.
    E. ``LTBB'' or ``Tribe'' means the Waganakising Odawak Nation, also 
known as the Little Traverse Bay Bands of Odawa Indians.
    F. ``Person'' or ``Entity'' means any individual, firm, 
partnership, co-partnership, joint venture, association, social club, 
fraternal organization, corporation, estate, trust, receiver, trustee, 
syndicate or any other group or combination acting as a unit.
    G. ``Tobacco Products'' means all forms of tobacco prepared in such 
a manner as to be suitable for chewing or smoking including cigarettes, 
cigars, smoking tobacco, snuff, and chewing tobacco.

[[Page 17780]]

    H. ``Tribal Court'' means the Little Traverse Bay Bands of Odawa 
Tribal Court.

(Source: WOS 2009-019, July 26, 2009, Section III)
6.2704 Liquor and Tobacco Licenses
    A. Any person or entity that shall engage in the sale of alcohol or 
tobacco within the jurisdiction of the Tribe shall first obtain a 
license for such sale, provided that any person or entity engaging in 
such sales prior to the adoption of this Statute shall obtain a license 
within sixty (60) days from the enactment of this Statute.
    B. A license shall be valid for a period of one (1) year from the 
date of its issuance and shall expire automatically without notice on 
the expiration date stated in the license.
    C. No license shall be transferable.
    D. Temporary licenses for a limited time-frame and purpose may also 
be available.

(Source: WOS 2009-019, July 26, 2009, Section IV)
6.2705 Liquor and Tobacco Licensing Board
    A. The Liquor and Tobacco Licensing Board (``Board'') is hereby 
created within the Executive Branch to carry out the purposes stated in 
this Statute, and each annual budget submitted by the Executive shall 
include funding for the Board's operation subject to funding 
availability.
    B. The Board shall adopt policies and regulations to carry out its 
duties under this Statute, subject to Tribal Council approval. General 
application of Commission, Board, and Committee Statutes shall not 
apply to this board unless designated otherwise.
    C. The Board shall meet once a year in regular meetings and 
additionally if necessary within 15 days of receiving any request for 
action by the Board.
    D. Appointments, Term, Nepotism, and Conflict.
    1. The Board shall consist of three (3) members nominated by the 
Executive and confirmed by the Tribal Council. To be eligible for 
appointment a person must be a Tribal Citizen who is at least eighteen 
(18) years of age and is familiar with all Tribal liquor and tobacco 
laws, regulations, policies, and procedures. One Board member will have 
at least two years experience in law enforcement, legal, or judiciary. 
The Board members shall serve three-year terms with initial 
appointments being one member for one year, a second member for two 
years, and a third for three years to provide for staggered terms.
    2. Tribal employees may serve on the Board and may be compensated 
by stipend if the Board is not directly related to their employment, 
does not interfere with their work, and does not meet during scheduled 
work hours. If a Board meets during scheduled working hours and the 
staff member wishes to attend, the staff member must utilize PTO 
(personal time off), or flextime upon prior approval of the 
individual's supervisor.
    3. Two or more members of the same immediate family as defined in 
the Constitution shall not serve on the Board at the same time.
    4. No Board member may participate in making any decision that 
involves a personal or financial interest of the Board or a member of 
his or her immediate family unless such interest is held in common with 
the Tribe and its Citizens.
    E. Open Meetings and Records
    1. Board meetings shall be open to LTBB Citizens.
    2. Board records shall be open to LTBB Citizens.
    3. The Board must provide notice of meetings at least five days in 
advance of the meeting.
    F. Compensation and Stipends
    1. Board members who attend any meeting or hearing directly related 
to their duties or attend any event where their attendance is required 
may be compensated for attendance so long as there are funds available 
in the Board's budget.
    2. Board members shall receive a stipend for attendance at Board 
meetings subject to the availability of funds.
    3. Any Board member who attends a properly noticed meeting shall be 
eligible for a stipend, mileage, and expenses, even if no official 
action can be taken due to lack of a quorum.
(Source: WOS 2009-019, July 26, 2009, Section V)
6.2706 Authority
    A. The Board shall hear and decide the granting, denial, or renewal 
of licenses and permits.
    B. The Board shall hear and decide on the suspension or revocation 
of a license based on citations of violations.
    C. The Board shall hear and decide appeals on the issuance of 
citations.
    D. The Board may hire inspectors or investigators provided funding 
availability.

(Source: WOS 2009-019, July 26, 2009, Section VII)
6.2707 Appeals of Citations to the Board
    A. Any party who has received an issuance of citations and 
disagrees with the citation may appeal to the Board.
    1. An appeal of a citation must be filed within fourteen (14) days 
of the issuance of the citation. The party must file a written appeal 
to the Board including at a minimum:
    a. A clear and concise statement of the reason(s) the appellant 
believes the decision should be overturned by the Board; and
    b. The relief requested from the Board.
    B. The aggrieved party must be given an effective opportunity to 
defend themselves by confronting any adverse witnesses and by being 
allowed to present witnesses, evidence and arguments.
    C. The Board shall hear the appeal within fifteen (15) calendar 
days of filing, either during a regular meeting or special meeting 
called for that purpose, and issue its written ruling within ten (10) 
days of such hearing.

(Source: WOS 2009-019, July 26, 2009, Section VIII)
6.2708 Judicial Review
    A. Decisions of the Board may be appealed to the Tribal Court by 
filing a written appeal with the Court within ten (10) days of the 
Board's ruling. The Court shall uphold the decision of the Board unless 
the Court determines that the Board's decision is clearly arbitrary, 
capricious, or otherwise not in accordance with applicable law or 
regulations.
    B. The Tribal Council expressly waives the sovereign immunity of 
the Tribe and its agents for the limited purpose of reviewing the 
decisions of the Board under the standards set forth in Section VI.A 
and allowing for the remedies set forth in Section VI.C.
    C. In the event the Court finds the Board's decision to be clearly 
arbitrary, capricious, or otherwise not in accordance with applicable 
law or regulations, it shall enter an equitable order overturning the 
Board's action, but shall not award monetary damages.

(Source: WOS 2009-019, July 26, 2009, Section IX)
6.2709 Sovereign Immunity
    The Tribe, and all of its constituent parts, which includes but is 
not limited to Tribal enterprises, subordinate organizations, boards, 
committees, officers, employees and agents, are immune from suit in any 
jurisdiction except to the extent that such immunity has been clearly 
and expressly waived by Tribe Council.


[[Page 17781]]


(Source: WOS 2009-019, July 26, 2009, Section X)
6.2710 Regulations
    The Executive may develop Regulations as it deems necessary for the 
implementation of the intent of this Statute and shall forward such 
Regulations to the Tribal Council for approval.

(Source: WOS 2009-019, July 26, 2009, Section XI)
6.2711 Savings Clause
    In the event that any section, subsection, or phrase of this 
Statute is found by a court of competent jurisdiction to violate the 
Constitution or laws of the Little Traverse Bay Bands of Odawa Indians, 
such part shall be considered to stand alone and to be deleted from 
this Statute, the entirety of the balance of the Statute to remain in 
full and binding force and effect so long as the overall intent of the 
Statute remains intact.

(Source: WOS 2009-019, July 26, 2009, Section XII)
6.2712 Effective Date
    Effective upon the signature of the Executive, or 30 days from 
submission to the Executive branch, or if the Executive vetoes the 
legislation, then upon Tribal Council override of the veto.

(Source: WOS 2009-019, July 26, 2009, Section XIII)
Waganakising Odawak Statute 2014-006
Liquor and Tobacco License Violations Statute
Section I. Short Title
    This Statute may be cited as the ``License Violation Statute.'' 
This Statute repeals and replaces Waganakising Odawak Statute 1999-008 
and previous Statute WOS 1997-021, and any and all previous Statutes.
Section II. Purpose
    The purpose of this Statute is to provide for violations of Liquor 
and Tobacco Licenses issued by the Liquor and Tobacco Licensing Board 
that may impair the issuance or renewal of a liquor or tobacco license 
or may cause such licenses to be suspended or revoked in order to 
protect the rights and interest of the Tribe and Tribal Citizens.
Section III. Authority
    Tribal Council has the power and authority to regulate the liquor 
and tobacco sales and violations as set forth in this Statute in 
accordance with the Constitution, Article VII D (1), D (16), D (19), 
and D (24).
Section IV. Definitions
    The following definitions apply in this Statute:
    A. ``Alcoholic Liquor'' means the four varieties of liquor 
(alcohol, spirits, wine, and beer) and all fermented, spirituous, 
vinous, or malt liquor, or combinations thereof, and mixed liquor, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every liquor or solid or semi-solid or 
other substance, patented or not, containing alcohol, spirits, wine or 
beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semi-solid, 
solid, or other substance that contains more than one percent of 
alcohol by weight shall be conclusively deemed to be intoxicating.
    B. ``Board'' means the Liquor and Tobacco Licensing Board.
    C. ``Cigarette'' means any roll for smoking, made wholly or in part 
of tobacco, irrespective of size or shape and irrespective of whether 
the tobacco is flavored, adulterated or mixed with any other 
ingredient, where such roll has a wrapper or cover made of paper or any 
material, except where such wrapper is wholly or in the greater part 
made of natural leaf tobacco in its natural state.
    D. ``Licensee'' means any person or entity, includes any employee 
or agent of the Licensee, licensed by the Tribe to sell alcohol or 
tobacco on Tribal trust lands.
    E. ``LTBB'' or ``Tribe'' means the Waganakising Odawak Nation, also 
known as the Little Traverse Bay Bands of Odawa Indians.
    F. ``Person'' or ``Entity'' means any individual, firm, 
partnership, co-partnership, joint venture, association, social club, 
fraternal organization, corporation, estate, trust, receiver, trustee, 
syndicate or any other group or combination acting as a unit.
    G. ``Tobacco Products'' means all forms of tobacco prepared in such 
a manner as to be suitable for chewing or smoking including cigarettes, 
cigars, smoking tobacco, snuff, and chewing tobacco.
    H. ``Tribal Court'' means the Little Traverse Bay Bands of Odawa 
Tribal Court.
Section V. Liquor and Tobacco Licensing Board
    The Liquor and Tobacco Licensing Board established by WAGANAKISING 
STATUTE, LIQUOR AND TOBACCO LICENSING BOARD STATUTE, is an Executive 
Board and is authorized to implement this statute, as may be amended.
Section VI. Liquor Violations
    Citations may be issued for the violations of the following:
    A. Under the age of Twenty-One (21).
    1. A licensee shall not directly, individually, or by a clerk, 
agent, or servant knowingly sell, furnish, or give alcoholic liquor to 
a person under the age of twenty-one (21) or fail to make diligent 
inquiry as to whether the person is of age.
    2. A licensee shall not allow any person who is less than eighteen 
(18) years of age to sell or serve alcoholic liquor.
    B. Intoxicated Persons.
    1. A licensee shall not directly or indirectly, individually or by 
a clerk, agent, or servant sell, furnish, or give alcoholic liquor to a 
person who is visibly intoxicated.
    2. A licensee shall not allow an intoxicated person to consume 
alcoholic liquor on the licensed premises.
    C. Hours of Sales.
    1. A licensee shall not sell at retail, give away, or furnish 
alcoholic liquor between the following hours: 2 a.m. and 7 a.m. of any 
day.
    2. Variations:
    The except as modified by an intergovernmental agreement that may 
apply to a specific Tribal enterprise and 4 a.m. and 7 a.m. on January 
1 (New Year's Day).
    D. Extended Hours.
    An extended hour(s) permit is required for an on-premises licensee 
to allow for the sale or consumption of alcoholic liquor at any time 
other than the legal hours for the sale and consumption of alcoholic 
liquor.
    E. Sale of Adulterated or Mislabeled Liquor.
    1. A licensee by himself or by his agent or employee, shall not 
sell, offer for sale, or possess any alcoholic liquor that is 
adulterated or misbranded or any alcoholic liquor in bottles that have 
been refilled.
    2. Alcoholic liquor shall be deemed adulterated if it contains any 
liquids or other ingredients not placed there by the original 
manufacturer or bottler. For the purposes of this Section, alcoholic 
liquor shall be deemed misbranded when not plainly labeled, marked, or 
otherwise designated.
    3. Alcoholic liquor bottles shall be deemed to be refilled when the 
bottles contain any liquid or other ingredient not placed in the 
bottles by the original manufacturer.
    F. Premises.
    1. A Licensee shall not allow alcoholic liquor sold for on-premises

[[Page 17782]]

consumption to be removed from premises.
    2. A Licensee that sells wine on the premises may allow an 
individual who has purchased a meal and who has purchased and partially 
consumed a bottle of wine with the meal, to remove the partially 
consumed bottle from the premises upon departure, provided that the 
licensee or the licensee's clerk, agent, or employee shall reinsert a 
cork so that the top of the cork is level with the lip of the bottle.
    3. This section does not allow for the removal of any additional 
unopened bottles of wine unless the licensee is licensed to conduct off 
premises sales.
    4. This section does not prevent a hotel from allowing its invitees 
or guests to possess or consume, or both, on or about its premises, 
alcoholic liquor purchased by the invitee or guest from an off-premises 
retailer, and does not prevent a guest or invitee from entering and 
exiting the licensed premises with alcoholic liquor purchased from an 
off-premises retailer.
    5. An off-premise licensee who is not licensed as an on-premise 
licensee shall not have open containers of alcoholic liquor on the 
premises.
    6. An off-premise licensee who is not licensed as an on-premise 
licensee shall not allow the consumption of alcoholic liquor on the 
licensed premises, except as allowed in G (2).
    7. An off-premise licensee shall not give bottle or can openers to 
purchasers and shall not open bottles or cans of alcoholic liquor for 
purchasers on the licensed premises.
    8. An off-premise licensee shall not knowingly allow a person to 
consume alcoholic liquor on property owned, leased, or possessed by the 
licensee adjacent to the licensed premises.
    G. Giving Away Alcoholic Liquor
    1. A Licensee shall not give away any alcoholic liquor of any kind 
or description at any time in connection with his or her business, 
except manufacturers for consumption on the premises only.
    2. Exceptions:
    a. If the licensee is a hotel, the licensee may give away alcoholic 
liquor to an invitee or guest in connection with a business event or as 
a part of a room special or promotion for overnight accommodations.
    b. Licensee may allow samplings or tastings of any alcoholic liquor 
for which monetary gain or other remuneration could reasonably be 
expected.
    c. Tasting of alcoholic liquor as part of a bona fide market 
research organization that is conducted for a product before it is 
approved for sale.
    d. Licensee may allow giving a sampling or tasting of alcoholic 
liquor to an employee of the licensee during the legal hours for 
consumption for the purpose of educating the employee regarding 1 or 
more types of alcoholic liquor so long as the employee is at least 21 
years of age.
    H. Quantity of Alcohol.
    1. An on-premise licensee shall not sell, offer to sell, or 
advertise the sale of, an unlimited quantity of alcoholic liquor at a 
specific price.
    2. No licensee shall sell, offer to sell, or advertise the sale of, 
two or more identical drinks containing alcoholic liquor to a person 
for their consumption for one price. When two or more identical drinks 
containing alcoholic liquor are served to a person at one time, the 
price charged for the second drink shall be the same price as for the 
first drink.
    I. Prizes, alcohol use.
    A licensee shall not participate in or sponsor any contest that 
requires the use or consumption of alcoholic liquor or features 
alcoholic liquor as a prize in connection with a contest. Sponsored 
events that involve the purchase of alcoholic liquor for eligibility 
are exempt.
    J. Controlled Substances/Drug Paraphernalia.
    A licensee shall not allow the sale, possession, or consumption on 
the licensed premises of any controlled substances that are prohibited 
by Tribal, State of Michigan or Federal Law.
    K. Fights and Weapons.
    1. A licensee shall not allow fights on or in the licensed 
premises, other than promotional events such as boxing, cage fights, 
etc. Nor shall a licensee, or the clerk, servant, agent, or employee of 
the licensee, allow, on the licensed premises, the annoying or 
molesting of customers or employees by other customers or employees.
    2. A licensee shall not allow the unlawful possession or use of 
firearms, knives, or other weapons on the premises.
    L. Improper or No Display of Liquor License/Permits.
    Licenses issued by the commission shall be signed by the licensee, 
shall be framed under transparent material, and shall be prominently 
displayed in the licensed premises.
    M. Suspension of License.
    1. A licensee shall not sell, offer for sale, furnish, consume, or 
allow the consumption of, alcoholic liquor on the licensed premises 
during the period that the license is suspended by the Board.
    2. During the time of suspension of a license by the Board, the 
notice of the suspension shall be continuously posted in a conspicuous 
place on the licensed premises in full view of the public.
    N. Cooperation with Officers.
    A licensee, or clerk, servant, agent or employee of the licensee, 
shall not hinder or obstruct a law enforcement officer, commission 
inspector, or investigator in the course of investigating or inspecting 
the premises and shall not refuse, fail, or neglect to cooperate with a 
law enforcement officer, commission, inspector or investigator in the 
performance of his or her duties to enforce the act or commission 
rules.
Section VII. Tobacco Violations
    A. Prohibited Places. Smoking or carrying lighted tobacco in any 
form is prohibited in the following areas:
    1. Public areas designated as ``non-smoking''.
    2. Passenger elevators.
    3. Tribal Governmental Buildings.
    4. School Buildings.
    5. Child Care Centers. Smoking is permitted on these premises 
during the time these facilities are not in operation, but the operator 
of the facility must inform parents or guardians that smoking on the 
premises may occur during these times.
    6. Health Facilities. Smoking is prohibited in the common and 
treatment areas of health facilities, including hospitals, health 
clinics, and doctors' offices. Patients may be permitted to smoke if 
the medical staff determines that this prohibition would be detrimental 
to treatment. Smoking areas provided in these cases must be separately 
ventilated to ensure that there is a smoke-free environment in other 
patient care and common areas.
    7. Licensed Nursing Homes and Licensed Homes for the Aged. Licensed 
nursing homes and licensed homes for the aged must adopt a policy that 
regulates smoking to provide patients with the option of non-smoking 
rooms, and restrict patient smoking to private or semiprivate rooms or 
designated smoking areas. Visitors and staff are permitted to smoke in 
designated smoking areas only. Tobacco sales are prohibited in nursing 
homes, except as provided for by owners. Notices must be posted for 
smoking and non-smoking areas.
    8. Restaurants. Food service establishments seating fifty (50) or 
more persons must reserve a seating area for a nonsmoking section. All 
food service establishments seating fewer than fifty (50) people are 
not required to provide for a non-smoking section. Public areas in 
restaurants must be smoke-free. These areas include, but are not 
limited to, restrooms, coatrooms, and entrances.

[[Page 17783]]

Public areas do not include lobbies, waiting rooms, hallways, or 
lounges.
    B. Under the Age of Eighteen (18).
    1. A person shall not sell or furnish any tobacco product to a 
person less than eighteen (18) years of age.
    2. It is an affirmative defense that the defendant had, and 
continues to have in force, a written policy to prevent the sale of 
tobacco products to minors and enforces said policy.
    3. This does not apply to the handling or transportation of a 
tobacco product by a person under the age of eighteen (18) under the 
terms of employment.
    4. This does not interfere with the right of a parent or legal 
guardian in the rearing and management of their minor children within 
the bounds of their private premises.
    C. Sign Posting. A person who sells tobacco products at retail 
shall post, in a place close to the point of sale, conspicuous to both 
employees and customers, a sign produced by the Department of Community 
Health that states: ``THE PURCHASE OF TOBACCO PRODUCTS BY A MINOR UNDER 
18 YEARS OF AGE AND PROVISION OF TOBACCO PRODUCTS TO A MINOR ARE 
PROHIBITED BY LAW. A MINOR UNLAWFULLY PURCHASING OR USING TOBACCO 
PRODUCTS IS SUBJECT TO PENALTIES.''
    D. Internet Sales. All sales conducted through the Internet, by 
telephone, or in a mail-order transaction shall be prohibited.
    E. Single Cigarettes. A person who sells tobacco products at retail 
shall not sell a cigarette separately from its package. This does not 
apply to tobacco specialty stores or other retail stores that deal 
exclusively in the sale of tobacco products and smoking paraphernalia.
    F. Vending Machines Placement. Vending machines are restricted to 
areas that are not easily accessible to persons under the age of 
eighteen (18) and are within the direct visual supervision of an adult.
    G. Improper or no display of license/permits
    Licenses issued by the commission shall be signed by the licensee, 
shall be framed under transparent material, and shall be prominently 
displayed in the licensed premises.
    H. Suspension of License.
    1. A licensee shall not sell, offer for sale, or furnish, tobacco 
on the licensed premises during the period that the license is 
suspended by the Board.
    2. During the time of suspension of a license by the Board, the 
notice of the suspension shall be continuously posted in a conspicuous 
place on the licensed premises in full view of the public.
    I. Cooperation with Officers.
    A licensee, clerk, servant, agent, or employee of the licensee 
shall not hinder or obstruct a law enforcement officer, commission 
inspector, or investigator in the course of investigating or inspecting 
the premises and shall not refuse, fail, or neglect to cooperate with a 
law enforcement officer, commission inspector or investigator in the 
performance of his or her duties to enforce the act or commission 
rules.
Section VIII. Religious Freedom
    Nothing in this Statute shall prohibit American Indians from 
practicing any recognized religious ceremony, ritual, or activity in 
accordance with their Religious Freedom.
Section IX. Marketing
    A licensee shall not intentionally market for profit tobacco or 
tobacco products to persons under the age of eighteen (18).
Section X. Application of State Law
    Per the United States Code, 18 U.S.C. 1161, all acts or 
transactions regarding liquor control shall conform to this Statute or 
the laws of Michigan, whichever is more stringent. Nothing in this 
section or Statute is intended to allow the State of Michigan to 
exercise any jurisdiction over the Tribe, its members, or any persons 
or transactions within jurisdiction of the Tribe. Nothing in this 
section or statute is intended to in any way waive or limit the 
sovereign immunity of the Tribe.
Section XI. Enforcement
    A. The Tribal Law Enforcement Department is authorized to issue 
citations for violations of this Statute.
    B. Any inspectors and/or investigators hired by the Board are 
authorized to issue citations of violations of this Statute.
Section XII. Savings Clause
    In the event that any section, subsection or phrase of this Statute 
is found by a court of competent jurisdiction to violate the 
Constitution or laws of the Little Traverse Bay Bands of Odawa Indians, 
such part shall be considered to stand alone and to be deleted from 
this Statute, the entirety of the balance of the Statute to remain in 
full and binding force and effect so long as the overall intent of the 
Statute remains intact.
Section XIII. Effective Date
    Effective upon the signature of the Executive, or 30 days from 
submission to the Executive branch, or if the Executive vetoes the 
legislation, then upon Tribal Council override of the veto.
[FR Doc. 2015-07614 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 4337-15-P