Shakopee Mdewakanton Sioux Community; Amendments to Liquor Ordinance, 13387-13390 [2025-04804]
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
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Title of Collection: U.S. Fish and
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Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public: Private
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governments.
Respondent’s Obligation: Voluntary.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
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Average
completion time
per response
(min)
Average number
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responses
Estimated
annual burden
hours *
AGOL Online Submissions:
Private Sector .................................
Government ....................................
150
150
5
5
750
750
5
5
63
63
Total .........................................
300
..............................
1,500
..............................
126
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khammond on DSK9W7S144PROD with NOTICES
landscape conservation planning and
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modeling the effects of barrier removal.
Madonna Baucum,
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Fish and Wildlife Service.
[FR Doc. 2025–04885 Filed 3–20–25; 8:45 am]
BILLING CODE 4333–15–P
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16:34 Mar 20, 2025
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Shakopee Mdewakanton Sioux
Community; Amendments to Liquor
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes
amendments to the Shakopee
Mdewakanton Sioux Community liquor
ordinance (Liquor Ordinance). The
amended Liquor Ordinance supersedes
the ordinance to allow for on-sale liquor
Jkt 265001
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The amended Liquor Ordinance
is effective March 21, 2025.
FOR FURTHER INFORMATION CONTACT:
Amy Kania, Acting Tribal Operations
Officer, Midwest Regional Office,
Bureau of Indian Affairs, 5600 West
American Boulevard, Suite 500,
Bloomington, Minnesota 55437;
Telephone: (612) 725–4500; Fax: (612)
713–4401.
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 U.S.
Supreme Court in Rice v. Rehner, 463
U.S. 713 (1983), the Secretary of the
Interior shall certify and publish in the
DATES:
[256A2100DD/AAKP300000/
A0A501010.000000]
SUMMARY:
transactions adopted on August 15,
2012.
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
Federal Register notice of adopted
liquor control ordinances for the
purpose of regulating liquor transactions
in Indian country.
On May 14, 2024, the Shakopee
Mdewakanton Sioux Community
General Council duly adopted the
amendments to the Community’s Liquor
Ordinance under General Council
Resolution 05–14–24–001. This Federal
Register notice comprehensively
amends and supersedes the Shakopee
Mdewakanton Sioux Community 2012
Liquor Ordinance.
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 General Council,
Shakopee Mdewakanton Sioux
Community of Minnesota, duly adopted
these amendments to the Community’s
Liquor Ordinance.
Bryan Mercier,
Director, Bureau of Indian Affairs, Exercising
authority by delegation of the Assistant
Secretary—Indian Affairs.
The Shakopee Mdewakanton Sioux
Community’s Liquor Ordinance, as
amended, shall read as follows:
Chapter 1. General Provisions
1.1
Title
This Ordinance shall be known as the
Shakopee Mdewakanton Sioux
Community Liquor Ordinance. This
Ordinance replaces and supersedes the
Off-Sale Liquor Ordinance enacted by
the General Council on December 12,
1982 and the On-Sale Liquor Ordinance
enacted by the General Council on May
08, 2012.
1.2
Purpose
The purpose of this Liquor Ordinance
is to authorize, regulate, and control the
sale and serving of On-Sale and Off-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.
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1.3
Authority and Jurisdiction
The General Council of the Shakopee
Mdewakanton Sioux Community has
constitutional and inherent sovereign
authority to promulgate and enforce
ordinances which are intended to
safeguard and promote the peace, safety,
morals, and general welfare of the
Community by regulating the conduct of
trade and the use and disposition of
property upon the reservation.
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Jkt 265001
1.4 Business Council Authority and
Reporting Requirements
A. The Business Council of the
Community shall oversee On-Sale and
Off-Sale 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.
C. All off-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 off-sale liquor operations.
D. The Business Council shall report
on an annual basis to the General
Council on liquor sales operations
within the reservation, shall promptly
upon receipt remit any excise taxes,
application or license fees collected to
the Secretary-Treasurer, and shall
perform all other duties as set forth in
this Ordinance.
1.5
Use of Language From Other Laws
The inclusion of language,
definitions, procedures, or other
statutory or administrative provisions
from other tribal jurisdictions, the State
of Minnesota, or other state or federal
entities in this Ordinance shall not be
deemed an adoption of that law by the
Shakopee Mdewakanton Sioux
Community or its courts and shall not
be deemed an action deferring to state
or federal jurisdiction by the Shakopee
Mdewakanton Sioux Community where
such state or federal jurisdiction does
not otherwise exist.
1.6
Nonwaiver of Immunity
Nothing in this Ordinance shall be
construed to constitute a waiver of the
sovereign immunity of the Shakopee
Mdewakanton Sioux Community, or any
of its officers, employees, or agents
administering or enforcing this
Ordinance, except as provided for in
this Ordinance or by a duly enacted
resolution. Nor shall this Ordinance
subject the Community to liability for
damages or other relief resulting from
enforcement of this Ordinance, reliance
upon it, or conformance to it, except as
provided for in this Ordinance or by a
duly enacted resolution.
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1.7
Computation of Time
Time periods in this Ordinance shall
be computed according to the following
rules: exclude the day of the event that
triggers the period; count every day,
including intermediate Saturdays,
Sundays, and legal holidays; and
include the last day of the period, but
if the last day is a Saturday, Sunday, or
legal holiday, the period continues to
run until the end of the next day that
is not a Saturday, Sunday, or legal
holiday.
1.8
Tribal Court Jurisdiction
The Tribal Court of the Shakopee
Mdewakanton Sioux Community shall
have jurisdiction over disputes arising
from this law. Such jurisdiction shall be
exclusive to the Tribal Court of the
Shakopee Mdewakanton Sioux
Community.
1.9
Severability
If any provision of this Ordinance is
found to be invalid or illegal under
applicable Community or federal law,
such provision shall be severed from
this Ordinance. The remainder of the
Ordinance shall remain in full force and
effect.
1.10
Secretarial Approval
This Ordinance shall become effective
when it is certified by the Secretary of
Interior and published in the Federal
Register.
Chapter II. Definitions
2.1
Definitions
The terms used in this Liquor
Ordinance shall have the following
meanings:
A. ‘‘Alcohol’’ or ‘‘Alcoholic Beverage’’
or ‘‘Liquor’’ means any beverage
containing more than one-half of one
percent alcohol by volume.
B. ‘‘Business Council’’ means 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.
C. ‘‘Community’’ means the Shakopee
Mdewakanton Sioux Community, a
federally recognized Indian Tribe
organized under Section 16 of the
Indian Reorganization Act of 1934.
D. ‘‘General Council’’ means the
governing body of the Tribe, in
accordance with the provisions of the
Constitution of the Tribe.
E. ‘‘Licensed premises’’ means: (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
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
Shakopee Mdewakanton Sioux
Community Gaming Ordinance; (2)
designated locations authorized by this
Ordinance other than by subsection (1);
(3) gaming or non-gaming locations on
other Tribally-owned property; or (4)
off-sale liquor establishments that were
in operation on January 1, 2024
pursuant to a duly issued off-sale liquor
license.
F. ‘‘Ordinance’’ means this Liquor
Ordinance.
G. ‘‘Non-gaming location’’ means
those areas of the Reservation or under
the jurisdiction of the Tribe that are not
gaming eligible pursuant to the Indian
Gaming Regulatory Act and areas within
a Tribal Gaming Enterprise not
designated by the Gaming Commission
as gaming space within a Tribal Gaming
Enterprise location.
H. ‘‘Off-sale’’ means the sale of
alcoholic beverages in its original
packaging for consumption off the
licensed premises only.
I. ‘‘Off-sale License’’ means
permission to operate an off-sale retail
liquor outlet on the Shakopee
Mdewakanton Sioux Community issued
under the provisions of Chapter 4 of this
ordinance.
J. ‘‘On-sale’’ means the sale of
alcoholic beverages for consumption on
licensed premises only.
K. ‘‘On-sale License’’ means
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 Chapter 3 of this
Ordinance.
L. ‘‘Tribal Economic Development
Enterprise’’ means a tribal entity created
by the Community that is delegated
responsibility and authority to engage in
commerce on behalf of and for the
benefit of the Community.
M. ‘‘Tribal Enterprise’’ means a Tribal
Gaming Enterprise or a Tribal Economic
Development Enterprise.
N. ‘‘Tribal Gaming Enterprise’’ means
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.
O. ‘‘Tribal Gaming Location’’ means
those areas operated and overseen by
the Tribal Gaming Enterprise where
gaming is authorized and conducted on
the Shakopee Mdewakanton Sioux
Community Reservation.
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Chapter III. On Sale Liquor Licenses
3.1
On-Sale Liquor Licenses
An annual license for on-sale liquor
may be issued only to: (1) the Tribal
Gaming Enterprise; or (2) a Tribal
Economic Development Enterprise.
A. Any On-Sale Liquor operation
authorized by this Ordinance must
apply on behalf of each individual
location within the Tribe’s jurisdiction
for an On-Sale Liquor License. No sale
of Alcoholic Beverages shall be allowed
unless the location has been duly
licensed.
B. Licenses shall be for the term of
one (1) year, running from the date of
issuance through December 31 of the
calendar year.
C. Application procedure:
1. A Tribal Enterprise 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 Tribal
Gaming Enterprise; (b) the
amphitheater; (c) the Meadows Golf
Course; (d) Launchpad Golf (e) any
other areas not designated by the
Gaming Commission as gaming space
within a Tribal Gaming Location; or (f)
any other location on Tribal land that is
not eligible for gaming but has been
designated for use by a Tribal Economic
Development Enterprise pursuant to a
General Council Resolution.
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.
3.2
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
3.1(C)(2)(a), (b), (c), (d), and (e) above,
must submit a specific and detailed plan
of operation, including information
required by Section 3.1(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.
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13389
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. All on-sale transactions and
consumption of liquor shall be confined
to licensed premises except in the
following circumstances:
1. A restaurant that is licensed and
operated by the Tribal Gaming
Enterprise or a Tribal Economic
Development Enterprise may permit a
person purchasing a full bottle of wine
in conjunction with the purchase of a
meal to remove the bottle upon leaving
the licensed premises provided that the
bottle has been opened and the contents
partially consumed. Consumption of a
partially consumed bottle of wine on the
gaming floor is strictly prohibited. Any
partially consumed bottle of wine must
be immediately stored in a hotel room,
the trunk of a vehicle, or in some other
area of the vehicle not typically
occupied by the driver or passengers.
The removal of a bottle under the
conditions described in this subdivision
does not constitute off-sale pursuant to
this Ordinance and may be permitted
without additional licensure.
2. A gift shop or concessionaire that
is licensed by the Community and
operated by the Tribal Gaming
Enterprise may permit a person to
purchase unopened bottles of beer,
wine, or pre-mixed canned cocktails in
conjunction with a hotel stay provided
that the individual is staying in a hotel
room and the contents are consumed on
property. The consumption of Alcoholic
Beverages purchased pursuant to this
subdivision on the casino floor is
strictly prohibited. Any Alcoholic
Beverages purchased at a gift shop or
concessionaire must be immediately
stored in a hotel room. The purchase of
Alcoholic Beverages under the
conditions described in this subdivision
does not qualify as off-sale pursuant to
this Ordinance and may be permitted
without additional licensure.
E. All authorized On-Sale 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. Such decision shall be final.
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Federal Register / Vol. 90, No. 54 / Friday, March 21, 2025 / Notices
Chapter IV. Off-Sale Liquor Licensing
4.1 Off-Sale Liquor Licenses
There is hereby authorized to be
issued a maximum of five (5) annual
licenses to operate as off-sale vendors
under the terms and conditions of this
ordinance.
A. Licenses shall be for the term of
one year or less, running from the date
of issuance to December 31 of the
calendar year of issuance.
B. A fee for issuance of a license shall
be $1,000.00 payable upon receipt of the
license.
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4.2 Application Procedure
A. An applicant for a license must be
a member of the Shakopee
Mdewakanton Sioux Community 21
years of age or older.
B. The applicant shall complete an
application form, as provided by the
Business Council, and shall submit it
back to the Business Council within 20
days after notice is published at the
Community Center and on the
Community member website that one or
more licenses under this ordinance are
available for issuance.
C. The applicant shall accompany his/
her application with:
1. A non-refundable application fee of
$10.00; and
2. Proof that the applicant’s financial
assets exceed his/her liabilities by an
amount equal to or greater than
$5,000.00.
D. 20 days after notice has been
provided that one or more licenses are
available, the Business Council shall
declare the application period closed,
shall promptly reject any incomplete
application notifying the applicant at
once, and shall proceed to evaluate the
balance of the applications for the
available licenses, according to the
information contained therein and
accompanying documents. He/she shall
issue the available license(s) to the
applicant(s) most qualified to operate as
a vendor under the terms and
conditions of this ordinance.
E. Upon receipt of a license
hereunder, an applicant shall post a
bond in an amount, to be established by
the Business Council annually,
sufficient to ensure payment to the
Community on the projected annual
excise tax.
4.3 Excise Tax
A. There is hereby imposed an excise
tax on the sale of each bottle or other
container of liquor sold by an Off-Sale
Liquor Licensee in the amount of five
(5) cents bottle and case, and ten (10)
cent keg.
B. Each Off-Sale Liquor Licensee must
file, with the Business Council, a
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complete report of sales during a month
and remit the excise tax on such sales.
Such report and remittance must be
made no later than the 15th day of the
month following that to which the
report applies.
4.4
Operation Under License
A. The license issued hereunder shall
authorize the Off-Sale Liquor Licensee
to operate a retail sales outlet for the
sale of unopened and sealed liquor,
wine, or beer only.
B. All Off-Sale Liquor Licensees must
conform their operations to those laws
of the State of Minnesota related to the
sale or possession of intoxicating
beverages or beer as indicated in
Minnesota Statutes Annotated.
C. An Off-Sale Liquor Licensee must
complete and maintain accurate records
of inventory, sales, payroll, taxes paid
and withheld, and all other facets of
business operations. The books and
records maintained by each vendor
operating under a license shall be open
for inspection by the Business Council
at all times during normal business
hours.
4.5 Revocation of Suspension of
License
A. The Business Council may suspend
a license issued under this ordinance for
violation of any of the terms of this
ordinance.
1. For failure to submit the report or
remit the excise tax required by Section
4.3, or for refusal to permit inspection
of books or records as required by
Section 4.4, such suspension shall cease
upon compliance with the indicated
section.
2. No suspension shall continue for
more than ninety (90) days, provided,
however, that the Business Council may
make a recommendation at any time to
the General Council that a license be
revoked.
B. The General Council may revoke a
license issued under this ordinance for
violation of any of the terms of this
ordinance.
1. License revocations shall be
presented to the General Council for a
vote at a duly convened meeting of the
General Council.
2. The Business Council shall initiate
the license revocation process by
providing written notice to the licensee
at least thirty (30) days prior to the
General Council meeting at which the
license revocation will be considered.
This written notice shall contain a
recitation of the causes justifying
revocation.
3. The General Council shall permit
statements or testimony by any person
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wishing to give such at the revocation
hearing.
4. The General Council may, by
majority vote, revoke a license.
C. One prior license revocation shall
not prevent a person, otherwise
qualified, from applying from a
subsequent license under Section III.
Two prior license revocations shall
render a person ineligible from applying
for subsequent licenses.
[FR Doc. 2025–04804 Filed 3–20–25; 8:45 am]
BILLING CODE 4337–15–P
INTERNATIONAL TRADE
COMMISSION
[Investigation No. 337–TA–1364
(Enforcement)]
Certain Blood Flow Restriction Devices
With Rotatable Windlasses and
Components Thereof; Notice of
Institution of Formal Enforcement
Proceeding
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission (‘‘Commission’’) has
determined to institute a formal
enforcement proceeding relating to
cease and desist orders (‘‘CDOs’’) issued
on September 30, 2024, and corrected
on October 8, 2024, in the abovereferenced investigation.
FOR FURTHER INFORMATION CONTACT:
Edward S. Jou, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW,
Washington, DC 20436, telephone (202)
205–3316. Copies of non-confidential
documents filed in connection with this
investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://edis.usitc.gov. For help
accessing EDIS, please email
EDIS3Help@usitc.gov. General
information concerning the Commission
may also be obtained by accessing its
internet server at https://www.usitc.gov.
Hearing-impaired persons are advised
that information on this matter can be
obtained by contacting the
Commission’s TDD terminal on (202)
205–1810.
SUPPLEMENTARY INFORMATION: The
Commission instituted the underlying
investigation on May 31, 2023, based on
a complaint, as supplemented, filed by
Composite Resources, Inc. and North
American Rescue, LLC (collectively,
‘‘Complainants’’). 88 FR 34893–95 (May
31, 2023). The Commission determined
to investigate alleged violations of
SUMMARY:
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]]>Agencies
[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13387-13390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04804]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AAKP300000/A0A501010.000000]
Shakopee Mdewakanton Sioux Community; Amendments to Liquor
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes amendments to the Shakopee Mdewakanton
Sioux Community liquor ordinance (Liquor Ordinance). The amended Liquor
Ordinance supersedes the ordinance to allow for on-sale liquor
transactions adopted on August 15, 2012.
DATES: The amended Liquor Ordinance is effective March 21, 2025.
FOR FURTHER INFORMATION CONTACT: Amy Kania, Acting Tribal Operations
Officer, Midwest Regional Office, Bureau of Indian Affairs, 5600 West
American Boulevard, Suite 500, Bloomington, Minnesota 55437; Telephone:
(612) 725-4500; Fax: (612) 713-4401.
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
U.S. Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the
Secretary of the Interior shall certify and publish in the
[[Page 13388]]
Federal Register notice of adopted liquor control ordinances for the
purpose of regulating liquor transactions in Indian country.
On May 14, 2024, the Shakopee Mdewakanton Sioux Community General
Council duly adopted the amendments to the Community's Liquor Ordinance
under General Council Resolution 05-14-24-001. This Federal Register
notice comprehensively amends and supersedes the Shakopee Mdewakanton
Sioux Community 2012 Liquor Ordinance.
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 General Council, Shakopee Mdewakanton Sioux
Community of Minnesota, duly adopted these amendments to the
Community's Liquor Ordinance.
Bryan Mercier,
Director, Bureau of Indian Affairs, Exercising authority by delegation
of the Assistant Secretary--Indian Affairs.
The Shakopee Mdewakanton Sioux Community's Liquor Ordinance, as
amended, shall read as follows:
Chapter 1. General Provisions
1.1 Title
This Ordinance shall be known as the Shakopee Mdewakanton Sioux
Community Liquor Ordinance. This Ordinance replaces and supersedes the
Off-Sale Liquor Ordinance enacted by the General Council on December
12, 1982 and the On-Sale Liquor Ordinance enacted by the General
Council on May 08, 2012.
1.2 Purpose
The purpose of this Liquor Ordinance is to authorize, regulate, and
control the sale and serving of On-Sale and Off-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.
1.3 Authority and Jurisdiction
The General Council of the Shakopee Mdewakanton Sioux Community has
constitutional and inherent sovereign authority to promulgate and
enforce ordinances which are intended to safeguard and promote the
peace, safety, morals, and general welfare of the Community by
regulating the conduct of trade and the use and disposition of property
upon the reservation.
1.4 Business Council Authority and Reporting Requirements
A. The Business Council of the Community shall oversee On-Sale and
Off-Sale 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.
C. All off-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
off-sale liquor operations.
D. The Business Council shall report on an annual basis to the
General Council on liquor sales operations within the reservation,
shall promptly upon receipt remit any excise taxes, application or
license fees collected to the Secretary-Treasurer, and shall perform
all other duties as set forth in this Ordinance.
1.5 Use of Language From Other Laws
The inclusion of language, definitions, procedures, or other
statutory or administrative provisions from other tribal jurisdictions,
the State of Minnesota, or other state or federal entities in this
Ordinance shall not be deemed an adoption of that law by the Shakopee
Mdewakanton Sioux Community or its courts and shall not be deemed an
action deferring to state or federal jurisdiction by the Shakopee
Mdewakanton Sioux Community where such state or federal jurisdiction
does not otherwise exist.
1.6 Nonwaiver of Immunity
Nothing in this Ordinance shall be construed to constitute a waiver
of the sovereign immunity of the Shakopee Mdewakanton Sioux Community,
or any of its officers, employees, or agents administering or enforcing
this Ordinance, except as provided for in this Ordinance or by a duly
enacted resolution. Nor shall this Ordinance subject the Community to
liability for damages or other relief resulting from enforcement of
this Ordinance, reliance upon it, or conformance to it, except as
provided for in this Ordinance or by a duly enacted resolution.
1.7 Computation of Time
Time periods in this Ordinance shall be computed according to the
following rules: exclude the day of the event that triggers the period;
count every day, including intermediate Saturdays, Sundays, and legal
holidays; and include the last day of the period, but if the last day
is a Saturday, Sunday, or legal holiday, the period continues to run
until the end of the next day that is not a Saturday, Sunday, or legal
holiday.
1.8 Tribal Court Jurisdiction
The Tribal Court of the Shakopee Mdewakanton Sioux Community shall
have jurisdiction over disputes arising from this law. Such
jurisdiction shall be exclusive to the Tribal Court of the Shakopee
Mdewakanton Sioux Community.
1.9 Severability
If any provision of this Ordinance is found to be invalid or
illegal under applicable Community or federal law, such provision shall
be severed from this Ordinance. The remainder of the Ordinance shall
remain in full force and effect.
1.10 Secretarial Approval
This Ordinance shall become effective when it is certified by the
Secretary of Interior and published in the Federal Register.
Chapter II. Definitions
2.1 Definitions
The terms used in this Liquor Ordinance shall have the following
meanings:
A. ``Alcohol'' or ``Alcoholic Beverage'' or ``Liquor'' means any
beverage containing more than one-half of one percent alcohol by
volume.
B. ``Business Council'' means 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.
C. ``Community'' means the Shakopee Mdewakanton Sioux Community, a
federally recognized Indian Tribe organized under Section 16 of the
Indian Reorganization Act of 1934.
D. ``General Council'' means the governing body of the Tribe, in
accordance with the provisions of the Constitution of the Tribe.
E. ``Licensed premises'' means: (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
[[Page 13389]]
Shakopee Mdewakanton Sioux Community Gaming Ordinance; (2) designated
locations authorized by this Ordinance other than by subsection (1);
(3) gaming or non-gaming locations on other Tribally-owned property; or
(4) off-sale liquor establishments that were in operation on January 1,
2024 pursuant to a duly issued off-sale liquor license.
F. ``Ordinance'' means this Liquor Ordinance.
G. ``Non-gaming location'' means those areas of the Reservation or
under the jurisdiction of the Tribe that are not gaming eligible
pursuant to the Indian Gaming Regulatory Act and areas within a Tribal
Gaming Enterprise not designated by the Gaming Commission as gaming
space within a Tribal Gaming Enterprise location.
H. ``Off-sale'' means the sale of alcoholic beverages in its
original packaging for consumption off the licensed premises only.
I. ``Off-sale License'' means permission to operate an off-sale
retail liquor outlet on the Shakopee Mdewakanton Sioux Community issued
under the provisions of Chapter 4 of this ordinance.
J. ``On-sale'' means the sale of alcoholic beverages for
consumption on licensed premises only.
K. ``On-sale License'' means 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
Chapter 3 of this Ordinance.
L. ``Tribal Economic Development Enterprise'' means a tribal entity
created by the Community that is delegated responsibility and authority
to engage in commerce on behalf of and for the benefit of the
Community.
M. ``Tribal Enterprise'' means a Tribal Gaming Enterprise or a
Tribal Economic Development Enterprise.
N. ``Tribal Gaming Enterprise'' means 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.
O. ``Tribal Gaming Location'' means those areas operated and
overseen by the Tribal Gaming Enterprise where gaming is authorized and
conducted on the Shakopee Mdewakanton Sioux Community Reservation.
Chapter III. On Sale Liquor Licenses
3.1 On-Sale Liquor Licenses
An annual license for on-sale liquor may be issued only to: (1) the
Tribal Gaming Enterprise; or (2) a Tribal Economic Development
Enterprise.
A. Any On-Sale Liquor operation authorized by this Ordinance must
apply on behalf of each individual location within the Tribe's
jurisdiction for an On-Sale Liquor License. No sale of Alcoholic
Beverages shall be allowed unless the location has been duly licensed.
B. Licenses shall be for the term of one (1) year, running from the
date of issuance through December 31 of the calendar year.
C. Application procedure:
1. A Tribal Enterprise 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
Tribal Gaming Enterprise; (b) the amphitheater; (c) the Meadows Golf
Course; (d) Launchpad Golf (e) any other areas not designated by the
Gaming Commission as gaming space within a Tribal Gaming Location; or
(f) any other location on Tribal land that is not eligible for gaming
but has been designated for use by a Tribal Economic Development
Enterprise pursuant to a General Council Resolution.
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.
3.2 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 3.1(C)(2)(a), (b), (c), (d), and (e) above, must submit a
specific and detailed plan of operation, including information required
by Section 3.1(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. All on-sale transactions and consumption of liquor shall be
confined to licensed premises except in the following circumstances:
1. A restaurant that is licensed and operated by the Tribal Gaming
Enterprise or a Tribal Economic Development Enterprise may permit a
person purchasing a full bottle of wine in conjunction with the
purchase of a meal to remove the bottle upon leaving the licensed
premises provided that the bottle has been opened and the contents
partially consumed. Consumption of a partially consumed bottle of wine
on the gaming floor is strictly prohibited. Any partially consumed
bottle of wine must be immediately stored in a hotel room, the trunk of
a vehicle, or in some other area of the vehicle not typically occupied
by the driver or passengers. The removal of a bottle under the
conditions described in this subdivision does not constitute off-sale
pursuant to this Ordinance and may be permitted without additional
licensure.
2. A gift shop or concessionaire that is licensed by the Community
and operated by the Tribal Gaming Enterprise may permit a person to
purchase unopened bottles of beer, wine, or pre-mixed canned cocktails
in conjunction with a hotel stay provided that the individual is
staying in a hotel room and the contents are consumed on property. The
consumption of Alcoholic Beverages purchased pursuant to this
subdivision on the casino floor is strictly prohibited. Any Alcoholic
Beverages purchased at a gift shop or concessionaire must be
immediately stored in a hotel room. The purchase of Alcoholic Beverages
under the conditions described in this subdivision does not qualify as
off-sale pursuant to this Ordinance and may be permitted without
additional licensure.
E. All authorized On-Sale 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. Such
decision shall be final.
[[Page 13390]]
Chapter IV. Off-Sale Liquor Licensing
4.1 Off-Sale Liquor Licenses
There is hereby authorized to be issued a maximum of five (5)
annual licenses to operate as off-sale vendors under the terms and
conditions of this ordinance.
A. Licenses shall be for the term of one year or less, running from
the date of issuance to December 31 of the calendar year of issuance.
B. A fee for issuance of a license shall be $1,000.00 payable upon
receipt of the license.
4.2 Application Procedure
A. An applicant for a license must be a member of the Shakopee
Mdewakanton Sioux Community 21 years of age or older.
B. The applicant shall complete an application form, as provided by
the Business Council, and shall submit it back to the Business Council
within 20 days after notice is published at the Community Center and on
the Community member website that one or more licenses under this
ordinance are available for issuance.
C. The applicant shall accompany his/her application with:
1. A non-refundable application fee of $10.00; and
2. Proof that the applicant's financial assets exceed his/her
liabilities by an amount equal to or greater than $5,000.00.
D. 20 days after notice has been provided that one or more licenses
are available, the Business Council shall declare the application
period closed, shall promptly reject any incomplete application
notifying the applicant at once, and shall proceed to evaluate the
balance of the applications for the available licenses, according to
the information contained therein and accompanying documents. He/she
shall issue the available license(s) to the applicant(s) most qualified
to operate as a vendor under the terms and conditions of this
ordinance.
E. Upon receipt of a license hereunder, an applicant shall post a
bond in an amount, to be established by the Business Council annually,
sufficient to ensure payment to the Community on the projected annual
excise tax.
4.3 Excise Tax
A. There is hereby imposed an excise tax on the sale of each bottle
or other container of liquor sold by an Off-Sale Liquor Licensee in the
amount of five (5) cents bottle and case, and ten (10) cent keg.
B. Each Off-Sale Liquor Licensee must file, with the Business
Council, a complete report of sales during a month and remit the excise
tax on such sales. Such report and remittance must be made no later
than the 15th day of the month following that to which the report
applies.
4.4 Operation Under License
A. The license issued hereunder shall authorize the Off-Sale Liquor
Licensee to operate a retail sales outlet for the sale of unopened and
sealed liquor, wine, or beer only.
B. All Off-Sale Liquor Licensees must conform their operations to
those laws of the State of Minnesota related to the sale or possession
of intoxicating beverages or beer as indicated in Minnesota Statutes
Annotated.
C. An Off-Sale Liquor Licensee must complete and maintain accurate
records of inventory, sales, payroll, taxes paid and withheld, and all
other facets of business operations. The books and records maintained
by each vendor operating under a license shall be open for inspection
by the Business Council at all times during normal business hours.
4.5 Revocation of Suspension of License
A. The Business Council may suspend a license issued under this
ordinance for violation of any of the terms of this ordinance.
1. For failure to submit the report or remit the excise tax
required by Section 4.3, or for refusal to permit inspection of books
or records as required by Section 4.4, such suspension shall cease upon
compliance with the indicated section.
2. No suspension shall continue for more than ninety (90) days,
provided, however, that the Business Council may make a recommendation
at any time to the General Council that a license be revoked.
B. The General Council may revoke a license issued under this
ordinance for violation of any of the terms of this ordinance.
1. License revocations shall be presented to the General Council
for a vote at a duly convened meeting of the General Council.
2. The Business Council shall initiate the license revocation
process by providing written notice to the licensee at least thirty
(30) days prior to the General Council meeting at which the license
revocation will be considered. This written notice shall contain a
recitation of the causes justifying revocation.
3. The General Council shall permit statements or testimony by any
person wishing to give such at the revocation hearing.
4. The General Council may, by majority vote, revoke a license.
C. One prior license revocation shall not prevent a person,
otherwise qualified, from applying from a subsequent license under
Section III. Two prior license revocations shall render a person
ineligible from applying for subsequent licenses.
[FR Doc. 2025-04804 Filed 3-20-25; 8:45 am]
BILLING CODE 4337-15-P
