Hannahville Indian Community Liquor Control Code, 42722-42725 [2016-15428]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Notices]
[Pages 42722-42725]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15428]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167A2100DD/AAKC001030/A0A501010.999900]


Hannahville Indian Community Liquor Control Code

AGENCY: Bureau of Indian Affairs.

ACTION: Notice.

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SUMMARY: This notice publishes the amended Hannahville Indian Community 
Liquor Control Code, title IV, chapter 13. The amended Code regulates 
and controls the possession, sale, and consumption of liquor in 
conformity with the laws of the Hannahville Indian Community or 
applicable laws of the State of Michigan.

DATES: This amendment is effective August 1, 2016.

FOR FURTHER INFORMATION CONTACT: Sherrel LaPointe, Tribal Operations 
Officer, Midwest Region, Bureau of Indian Affairs, Norman Pointe II, 
5600 American Boulevard West, Suite 500, Bloomington, Minnesota 55437, 
Telephone: (612) 713-4400.

SUPPLEMENTARY INFORMATION: The Hannahville Indian Community duly 
adopted the amended Code by Resolution Number 0504-2015-A on May 4, 
2015. This Code repeals and replaces the previous liquor control code 
for the Hannahville Indian Community Liquor Control Code, last 
published in the Federal Register on April 14, 1976 (41 FR 15720).
    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. This notice is published with the authority delegated by the 
Secretary of the Interior to the Assistant Secretary--Indian Affairs. I 
certify that the Hannahville Indian Community duly adopted this 
amendment to the Hannahville Liquor Control Code by Resolution No. 
0504-2015-A on May 4, 2015.

    Dated: June 22, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary--Indian Affairs.

    The Hannahville Indian Community Liquor Control Code, as amended, 
shall read as follows:

HANNAHVILLE INDIAN COMMUNITY LIQUOR CONTROL CODE

TITLE IV--CHAPTER 13

13.100 Short Title. This Code shall be known and may be cited as ``The 
Hannahville Indian Community Liquor Control Code,'' or ``The Liquor 
Control Code.''

13.101 Definitions, General.

    (1) ``Alcohol''--the product of distillation of fermented liquid, 
whether or not rectified or diluted with water, but does not mean ethyl 
or industrial alcohol, diluted or not, that has been denatured or 
otherwise rendered unfit for beverage purposes.
    (2) ``Alcoholic Liquor''--any spirituous, vinous, or fermented 
liquor, liquids and compounds, whether or not medicated, proprietary, 
patented, and by whatever name called, containing \1/2\ of 1% or more 
of alcohol by volume which are fit for use for beverage purposes as 
defined and classified by the commission according to alcoholic content 
as belonging to one of the varieties defined in this chapter.
    (3) ``Beer''--any beverage obtained by alcoholic fermentation of an 
infusion of decoction of barley, malt, hops or other cereal in potable 
water.
    (4) ``Brandy''--an alcoholic liquor as defined in 27 CFR 5.22(d) 
(1980).
    (5) ``Class C License''--a place licensed to sell at retail beer, 
wine, mixed spirit drink, and spirits for consumption on the premises.
    (6) ``Community''--the Hannahville Indian Community.
    (7) ``Council''--the Tribal Council of the Hannahville Indian 
Community.
    (8) ``Licensee''--Any entity or person licensed to sell beverages 
containing alcohol in accordance with the laws of the Hannahville 
Indian Community or applicable laws of the State of Michigan. Except 
where otherwise specifically required by applicable law or regulation, 
use of the word licensee shall be understood to include the word 
permittee.
    (9) ``Mixed Spirit Drink''--a drink produced and packaged or sold 
by a mixed spirit drink manufacturer or an out of state seller of mixed 
spirit drink, which contains 10% or less alcohol by volume consisting 
of distilled spirits mixed with nonalcoholic beverages or flavoring or 
coloring materials and which may also contain water, fruit juices, 
fruit adjuncts, sugar, carbon dioxide or preservatives.
    (10) ``Mixed Wine Drink''--a drink or similar product marketed as a 
wine cooler and containing less than 7% alcohol by volume, consisting 
of wine and plain, sparkling or carbonated water and containing 1 or 
more of the following:
    (a) Nonalcoholic Beverages.
    (b) Flavoring.
    (c) Coloring Materials.
    (d) Fruit Juices.
    (e) Fruit Adjuncts.
    (f) Sugar.
    (g) Carbon Dioxide.
    (h) Preservative.
    (11) ``Permittee''--Any entity or person licensed to sell beverages 
containing alcohol in accordance with the law or regulation of the 
Hannahville Indian Community or applicable laws or regulations of the 
State of Michigan. Except where otherwise specifically required by 
applicable law or regulation, use of the word licensee shall be 
understood to include the word permittee.
    (12) ``Sacramental Wine''--wine containing not more than 24% of 
alcohol by volume which is used for sacramental purposes.
    (13) ``Seller''--a person who has become at least 18 years of age 
and who is authorized by a licensee or permittee to sell beverages 
containing alcohol while acting within the scope of the license or 
permit that has been issued by the Tribe.
    (14) ``Spirits''--a beverage that contains alcohol obtained by 
distillation, mixed with potable water or

[[Page 42723]]

other substances, or both, in solution, and includes wine containing an 
alcoholic content of more than 21% by volume, except sacramental wine 
and mixed spirit drink.
    (15) ``Tribe''--the Hannahville Indian Community.
    (16) ``Wine''--the product made by the normal alcoholic 
fermentation of the juice of sound, ripe grapes or any other fruit with 
the usual cellar treatment, and containing not more than 21% alcohol by 
volume, including fermented fruit juices other than grapes and mixed 
wine drinks.

13.102 General Prohibition.

    It shall be unlawful to manufacture for sale, sell, offer, serve, 
trade, or keep for sale, possess, transport or conduct any transaction 
involving any alcoholic beverage except in compliance with the terms, 
conditions, limitations and restrictions specified in this Code.

13.103 Tribal Council; Control of Alcoholic Beverages.

    (1) The Tribal Council shall have the sole and exclusive right to 
authorize, permit, license and control the importation, sale, 
possession, manufacture, transportation, storage or delivery of 
alcoholic beverages within the jurisdiction of the Hannahville Indian 
Community.
    (2) Notwithstanding the provision of subsection (1) of this 
section, a person who has become 21 years of age may purchase alcoholic 
liquor or may import alcoholic liquor from another jurisdiction for 
that person's personal use, but not for resale purposes.

13.104 Penalty; Failure to Comply.

    Any person who shall sell, serve, trade, transport, keep for sale, 
manufacture, possess, use, conduct any transaction, aid or abet or 
conspire to violate any of the terms of this Code within the 
jurisdiction of the Hannahville Indian Community shall be deemed guilty 
of an offense and upon conviction shall be dealt with as follows:
    (1) If an Indian. The defendant may be sentenced to a period of 
incarceration not to exceed 1 year or a fine not to exceed $5,000.00, 
or both such fine and incarceration and court costs. The Tribal Council 
shall decide whether or not any license previously granted under this 
Code will be revoked or suspended.
    (2) If a Non-Indian. Unless otherwise allowed by law, the defendant 
shall be liable for a fine not to exceed $5,000.00 and court costs, and 
shall be subject to the forfeiture and attachment laws of the tribe 
including prejudgment attachment of personal property in lieu of cash 
bond to secure judgment and jurisdiction of the tribal court. In the 
event that criminal jurisdiction as to non-Indians is extended to the 
Tribe as a matter of federal law then the penalties of section 
13.104(1) shall apply. The Tribal Council shall decide whether or not 
any license previously granted under this Code will be revoked or 
suspended.
    (3) No Pre-Emption. This Code does not pre-empt other civil or 
criminal codes or provisions of the Hannahville Indian Community Legal 
Code. Other causes of action and criminal charges that may be brought 
under other provisions of tribal law are expressly reserved hereunder. 
Actions required or permitted to be taken pursuant to the employment 
policies and procedures of the Tribe are also expressly reserved.

13.105 Licensees and Permittees: Ages of Sellers and Purchasers; Types 
of Licenses; Sale to Obviously Intoxicated Persons; Adulterated 
Alcoholic Beverages Prohibited; Licensee's and Permittee's Liability 
for Acts of Sellers.

    (1) Age of Sellers. Sellers of alcoholic beverages must be at least 
18 years of age and are only permitted to make sales of beverages 
containing alcohol by express authorization within the scope of a 
licensee's or permittee's license or permit and on authorized business 
premises.
    (2) Age of Purchasers. Purchasers of alcoholic beverages must be at 
least 21 years of age and shall show proper identification and proof of 
age upon purchase.
    (3) Licenses or Permits; Hours of Sale. Hours of sale of alcoholic 
beverages will be determined upon issuance of the license or special 
permit, and will be in conformity with the type of license or permit 
authorized by the Tribal Council in conformity to applicable 
substantive state law.
    (a) Special Event Permits; Conformity to Tribal and Applicable 
State Law. Permits issued by the Hannahville Indian Community under 
this Code to any person or entity for special events shall be issued in 
conformity with applicable substantive provisions of Michigan law or 
regulation as to times of sales and service, ages of purchasers, and 
duration of events.
    (4) Sales to Obviously Intoxicated Persons. No person may sell, 
serve, give, furnish, or in any way procure for another, alcoholic 
beverages for the use of an obviously intoxicated person.
    (5) Consumption of Alcohol by Obviously Intoxicated Persons On 
Premises Prohibited. A licensee or permittee shall not allow a person 
who is in an obviously intoxicated condition to consume beverages 
containing alcohol on the licensed or permitted premises.
    (6) Adulterated Alcoholic Beverages; Regulation. No person may 
sell, serve, give, furnish or in any way procure for another any 
diluted or adulterated alcoholic beverage except as allowed by special 
license providing for the sale of mixed drinks on the premises of the 
licensee.

13.106 Licensees and Permittees; Liability for Acts of Sellers or 
Servers.

    Every licensee or permittee is responsible for the conduct of 
sellers or servers authorized to participate in transactions related to 
alcoholic beverages on the premises of the licensee. Provided, however, 
that if the licensee is a tribally wholly owned enterprise this 
provision does not constitute a waiver of tribal sovereign immunity as 
to the enterprise nor as to the Tribe.

13.107 Licensees and Permittees; Who or What Entity May Apply; Standard 
for Approval.

    Any person who has become 21 years of age, including a tribally 
owned business entity may apply for an alcoholic beverage license or 
special permit by submitting an application containing the information 
required in 13.109, and may be granted a license or special permit for 
the sale, service, use, possession or transport of alcoholic beverages 
if the Tribal Council finds, in its sound discretion, on the basis of 
the facts disclosed by the application and by such additional 
information as the Council may deem relevant, that such issuance is in 
the best interest of the Community. Factors which the Tribal Council 
shall consider in granting, renewing or revoking a license shall 
include, but not be limited to, information required by section 13.109. 
Special licenses or permits may be granted to tribal organizations for 
special events, charitable functions, and special tribal celebrations.

13.108 Licenses; Power to License and Tax.

    The power to license or permit and to levy taxes under the 
provisions of this Code is vested exclusively in the Tribal Council.

13.109 Licenses and Permits: Application; Term of Licenses.

    (1) Applications; Content. An applicant for a license or permit 
shall provide in the application or demonstrate at a hearing all of the 
following:

[[Page 42724]]

    (a) Name. The name of the person or entity seeking a license or 
permit.
    (b) Financial Resources. The existence of adequate financial 
resources for establishment and operation of the proposed licensed 
business in proportion to the type and size of the proposed licensed 
business.
    (c) Physical Plant. The existence of an adequate physical plant or 
plans for an adequate physical plant appropriate for the type and size 
of the proposed licensed business.
    (d) Location. That the location of the proposed business shall 
adequately service the public.
    (e) Permit; Nature of Event. In the case of a permit, a description 
of the nature of the event and the premises upon which, or within which 
the event is to occur.
    (2) Competing Applications. The Council shall consider the order in 
which competing application forms are submitted to the Council.
    (3) License Renewal; Term of License. Licenses are renewable by 
action of each new Tribal Council on the anniversary date which occurs 
at one year from last issuance. Licenses may be granted for any term 
less than one year but may not be granted for terms of more than three 
years.
    (4) Permits; Term of Permit. Generally, a permit will be granted by 
the Tribe pursuant to this Code and in accordance with applicable state 
law or regulation for special events and will be limited to the length 
of time that the event is to occur.
    (5) Notice and Opportunity to be Heard. The Council shall notify 
the applicant of its decision giving the reason(s) for its decision. In 
adverse determinations, and upon timely request, which shall occur not 
more than 5 business days after notice of the adverse action, the 
Tribal Council shall provide a hearing to the applicant. There is no 
appeal from the Council's decision.

13.110 Licenses and Permits; Content; Posting; Non-Transferable.

    (1) Licenses and Permits; Content. Each license or permit shall 
state the name of the license holder and address of the place of 
business to which it applies; the date of issuance; the date of 
expiration; the fact that the license or permit is granted by the 
Hannahville Indian Community Tribal Council; a statement, with the 
telephone number of the Hannahville Tribal Police Department that 
violations of the terms of the license or permit or the Liquor Control 
Code of the Hannahville Indian Community shall be reported to the 
Hannahville Indian Community Tribal Police who shall report their 
findings to the Tribal Council.
    (2) Posting of Licenses and Permits. Licenses and permits shall be 
posted in a conspicuous place on the premises of the license holder.
    (3) Licenses and Permits; Non-Transferable. Licenses and permits 
are not transferable to other persons, locations or business entities.

13.111 Licensee, Permittee, Liability Policy; Proof of Financial 
Responsibility.

    Every licensee or permittee shall have proof of liability insurance 
or bond as required by applicable state law or regulation.

13.112 Licenses; Violation Report; Complaint; Notice of Hearing; 
Revocation; No Appeal.

    (1) Violation; Investigation; Procedure. Upon receiving notice of a 
violation of this Code, the Hannahville Indian Community Tribal Police 
shall investigate and submit a report to the Tribal Council.
    (2) License or Permit; Suspension; Revocation. The Tribal Council 
may choose to act immediately in response to the alleged violation by 
suspension or revocation of the license or permit, or may act at any 
time during or after a prosecution on the complaint. The Council may 
take any appropriate action in relation to the license, including 
suspension or revocation and may assess fines civilly against persons 
responsible for the violation in accord with section 13.104(1) or (2). 
Such fines may be in addition to any fines, damages or court costs that 
are assessed pursuant to other provisions of law. The Council may in 
its deliberations consider any evidence which it considers valuable and 
relevant.
    (3) Notice and Opportunity to be Heard. The Council shall notify 
the licensee or permittee of its action giving the reason(s) for its 
decision. Upon timely request, which shall occur not more than 5 
business days after notice of the adverse action, the Tribal Council 
shall provide a hearing to the licensee or permittee. In its 
discretion, and upon consultation with law enforcement and legal 
counsel, the Tribal Council may delay a hearing to allow for progress 
of a court action. There is no appeal from the Council's decision in 
regard to continued licensure or permitting.
    (4) Any appeal from a court action shall be limited to the issues 
presented and preserved for appeal in the court below.

13.113 Licenses; Hours of Sale; Sunday and Christmas Holiday Liquor 
Transactions.

    In addition to compliance with the requirements of section 13.105, 
class III gaming and other properly licensed tribally owned 
establishments may sell at retail, and a person may buy, spirits or 
mixed spirit drinks, including beer and wine or other beverages 
containing alcohol between the hours of 7:00 a.m. on Sunday and 2:00 
a.m. on Monday unless shorter hours of sale have been specified by the 
Tribal Council pursuant to special license or permit. A person shall 
not sell at retail, and a person shall not knowingly and willfully buy, 
alcohol, or liquor of any kind between the hours of 11:59 p.m. on 
December 24 and 12 noon on December 25.
    (1) Violation of Hours of Sale. It shall be a violation of this 
section, punishable in accordance with section 13.104, for a person to 
attempt to, or to sell, serve, furnish, purchase, or to procure for 
another, alcoholic beverages in violation of the hours of sale allowed 
by this Code.
    (2) Time Zones; Clarification. In accordance with Michigan law, 
times for allowed sales shall be considered to be CST, for any licensee 
or permittee located in the central time zone. A reference to the time 
of day includes daylight savings time, when observed.
    (3) Amendment Automatic, Substantive State Law. Amendments to this 
Code to achieve compliance with applicable substantive state law shall 
occur automatically as Michigan law is further amended.
    (4) Notice of Automatic Amendment. If automatic amendment of this 
Code in accordance with applicable substantive state law occurs, the 
Tribal Council shall notify all current licensees, permittees, law 
enforcement, and the general public, of the substance of such 
amendments in a manner calculated to give actual and adequate notice of 
the amendments and their effective dates.

13.114 The Tribe as Purchaser.

    (1) Class III Gaming Facility; Purchase and Resale of Alcohol. The 
Tribe, for resale at its Class III gaming establishment, shall purchase 
spirits, or mixed spirit drinks, including beer and wine or other 
alcoholic liquor from distributors licensed or otherwise authorized by 
the Michigan Liquor Control Commission, at the same price and on the 
same basis that such beverages are purchased by class C licensees.
    (2) Convenience Store; Other Enterprises. The Tribe, for resale at 
its Island Oasis convenience store and gas

[[Page 42725]]

station, or other properly licensed tribally owned facilities, may 
purchase spirits, or mixed spirit drinks, including beer and wine or 
other alcoholic liquor in accordance with tribal law and applicable 
state and federal law.

13.115 Adulterated and Misbranded Liquors and Refilled Liquor Bottles; 
Penalty, Definitions.

    (1) ``Adulterated, Misbranded Liquor; Violation.'' A licensee who, 
by himself or herself or by his or her agent or employee, sells, offers 
for sale, exposes for sale, or possesses alcoholic liquor that is 
adulterated, misbranded, or in bottles that have been refilled is 
guilty of a violation of this act.
    (2) ``Adulterated Liquor; Definition.'' For purposes of this 
section, alcoholic liquor is adulterated if it contains any liquid or 
other ingredient that was not placed there by the original manufacturer 
or bottler.
    (3) ``Misbranded Liquor, Definition.'' For purposes of this 
section, alcoholic liquor is misbranded if it is not plainly labeled, 
marked, or otherwise designated.
    (4) ``Refilled Liquor Bottles.'' For purposes of this section, 
alcoholic liquor bottles have been refilled when the bottles contain 
any liquid or other ingredient not placed in the bottles by the 
original manufacturer or bottler.
    (5) ``Beer; Inapplicability.'' This section does not apply to beer 
containers.

13.116 Amendment or Repeal of Code.

    This Code may be amended or repealed by a majority vote of the 
Tribal Council with a quorum present, in regular or special session.

13.117 Severability.

    If any portion of this Code, or the application thereof, is found 
to be invalid the remainder shall be unaffected and shall remain in 
full force and effect.

[FR Doc. 2016-15428 Filed 6-29-16; 8:45 am]
BILLING CODE 4310-4J-P