[Federal Register Volume 62, Number 174 (Tuesday, September 9, 1997)]
[Notices]
[Pages 47514-47515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23732]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Chitimacha Tribe of Louisiana Liquor Ordinance
AGENCY: Bureau of Indian Affairs.
ACTION: Notice.
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SUMMARY: This notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary-
Indian Affairs by 209 DM 8, and in accordance with the Act of August
15, 1953, 67 Stat. 586, 18 U.S.C. Sec. 1161, as interpreted by the
Supreme Court in, Rice v. Rehner, 463 U.S. 713 (1983). I certify that
the Chitimacha Tribe of Louisiana Liquor Ordinance was duly adopted by
Resolution No. CHI-TC # 3-97 of the Chitimacha Tribe of Louisiana
Tribal Council on January 2, 1997. The ordinance provides for the
regulation, sale, possession and use of alcholic liquor within the
Tribe's jurisdiction.
DATES: This ordinance is effective as of September 9, 1997.
FOR FURTHER INFORMATION CONTACT: Jerry Cordova, Office of Tribal
Services, 1849 C Street, N.W., MS 4641 MIB, Washington, D.C. 20240-
4001; telephone (202)208-4401.
SUPPLEMENTARY INFORMATION: The Chitimacha Tribe of Louisiana Liquor
Ordinance shall read as follows:
Title XIV--Tribal Licenses and Permits
Chapter 1. Liquor Licenses and Permits
Sec. 101. Conformity with State Law and This Ordinance
The introduction, possession, transportation, and sale of
intoxicating beverages shall be lawful within the Indian country under
the jurisdiction of the Tribe, provided that such introduction and sale
are in conformity with the laws of the State of Louisiana and with the
provisions of this ordinance.
Sec. 102. Tribal License or Permit Required
No person shall engage in the sale of intoxicating beverages within
the Indian country under the jurisdiction of the Tribe, unless duly
licensed or permitted to do so by the Tribe in accordance with the
terms of this Ordinance and the State of Louisiana.
Sec. 103. Application for Tribal Liquor License; Requirements
No tribal license shall issue under this Ordinance except upon a
sworn application filed with the Council containing a full and complete
showing of the following:
(a) Satisfactory proof that the applicant is or will be duly
licensed by the State of Louisiana.
(b) Satisfactory proof that the applicant is of good character and
reputation among the people of the
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Reservation and that the applicant is financially responsible.
(c) The description of the premises in which the intoxicating
beverages are to be sold, proof that the applicant is the owner of such
premises, or lessee of such premises, for at least the term of the
license.
(d) Agreement by the applicant to accept and abide by all
conditions of the tribal license.
(e) Payment of a $250.00 fee, is prescribed by the Council.
(f) Satisfactory proof that neither the applicant nor the
applicant's spouse has ever been convicted of a felony.
(g) Satisfactory proof that notice of the application has been
posted in a prominent, noticeable place on the premises where
intoxicating beverages are to be sold for at least 30 days prior to
consideration by the Council and has been published at least twice in
such local newspaper serving the community that may be affected by the
license as the Tribal Chairman or Secretary may authorize. The notice
shall state the date, time and place when the application shall be
considered by the Council pursuant to Section 104 of this Ordinance.
Sec. 104. Hearing on Application for Tribal Liquor License
All applications for a tribal liquor license shall be considered by
the Council in open session at which the applicant, his attorney and
any person protesting the application shall have the right to be
present, and to offer sworn oral or documentary evidence relevant to
the application. After the hearing, the Council, by secret ballot,
shall determine whether to grant or deny the application, based on:
(1) Whether the requirements of Section 103 have been met and;
(2) Whether the Council, in its discretion, determines that
granting the license is in the best interests of the Tribe.
In the event that the applicant is a member of the Tribal Council,
or a member of the immediate family of a Council member, such member
shall not vote on the application or participate in the hearings as a
Council member.
Sec. 105. Temporary Permits
The Council or their designee may grant a temporary permit for the
sale of intoxicating beverages for a period not to exceed three (3)
days to any person applying for the same in connection with a tribal or
community activity, provided that the conditions prescribed in Sections
106(b), 106(c), 106(d), 106(h), and 106(i) of this Ordinance shall be
observed by the permittee. Each permit issued shall specify the types
of intoxicating beverages to be sold. Further, a fee of $25.00 will be
assessed on temporary permits.
Sec. 106. Conditions of the Tribal License
Any tribal license issued under this Title shall be subject to such
reasonable conditions as the Council shall fix, including, but not
limited to the following:
(a) The license shall be for a term of one year.
(b) The license shall at all times maintain an orderly, clean, and
neat establishment, both inside and outside the licensed premises.
(c) The licensed premises shall be subject to patrol by the Tribal
Police Department, and such other law enforcement officials as may be
authorized under federal or tribal law.
(d) The licensed premises shall be open to inspection by duly
authorized tribal officials at all times during the regular business
hours.
(e) Subject to the provisions of subsection ``f'' of this section,
no intoxicating beverages shall be sold, served, disposed of,
delivered, or given to any person, or consumed on the licensed premises
except in conformity with the hours and days prescribed by the laws of
the State of Louisiana, and in accordance with the hours fixed by the
Council, provided that the licensed premises shall not operate or open
earlier or operate or close later than is permitted by the laws of the
State of Louisiana.
(f) No liquor shall be sold within 200 feet of a polling place on
tribal election days, or when a referendum is held of the people of the
Tribe, and including special days of observance as designated by the
Council.
(g) All acts and transactions under authority of the tribal liquor
license shall be in conformity with the laws of the State of Louisiana,
and shall be in accordance with this Ordinance and any tribal license
issued pursuant to this Ordinance.
(h) No person under the age permitted under the law of the State of
Louisiana shall be sold, served, delivered, given or allowed to consume
alcoholic beverages in the licensed establishment and/or area.
(i) There shall be no discrimination in the operations under the
tribal license by reason of race, color or creed. Provided, that the
Council shall not grant to the licensee, by way of a condition of the
license, or otherwise, any privilege or benefit relating to the hours
and days of operation of the licensed premises, greater than those
permitted by the laws of the State of Louisiana.
Sec. 107. License Not a Property Right
Notwithstanding any other provision of this Ordinance, a tribal
liquor license is a mere permit for a fixed duration of time. A tribal
license shall not be deemed a property right or vested right of any
kind, nor shall the granting of a tribal liquor license give rise to a
presumptive or legal entitlement to the granting of such license for a
subsequent time period.
Sec. 108. Assignment or Transfer
No tribal license issued under this Ordinance shall be assigned or
transferred without the written approval of the Council expressed by
formal resolution.
Sec. 109. Cancellation and Suspension
Any license issued hereunder may be suspended or cancelled by the
Council for the breach of any of the provisions of this Ordinance, or
of the tribal license upon hearing before the Council after 10 days
notice to the licensee. The decision of the Council shall be final.
Sec. 110. Allocation of Fees
Any and all License and/or Permit fees collected pursuant to
Chapter 1 shall be utilized for public works.
Sec. 111. Limitation of Liability for Loss Connected With Sale,
Serving, or Furnishing of Alcoholic Beverages
Neither the Tribe nor any person or entity, nor any agent, servant,
or employee of such a person or entity who, on the Reservation,
pursuant to appropriate licensure, sells or serves intoxicating
beverages of either high or low alcoholic content to a person over the
age for the lawful purchase thereof, shall be liable to such person or
to any other person or to the estate, successors, or survivors of
either for any injury suffered on or off the premises, including
wrongful death and property damage, because of the intoxication of the
person to whom the intoxicating beverages were sold or served.
Dated: August 29, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-23732 Filed 9-8-97; 8:45 am]
BILLING CODE 4310-02-P