[Federal Register Volume 62, Number 225 (Friday, November 21, 1997)]
[Notices]
[Pages 62338-62342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30597]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs,
Saginaw Chippewa Tribe Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
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. 1161, as interpreted by the Supreme
Court in, Rice v. Rehner, 463 U.S. 713 (1983). I certify that the
Saginaw Chippewa Tribe of Michigan Liquor Ordinance was duly adopted by
Resolution No. 97-067 of the Saginaw Chippewa Tribe of Michigan Tribal
Council on June 26, 1997. The ordinance provides for the regulation,
sale, possession and use of alcoholic liquor within the Tribe's
jurisdiction.
DATES: This ordinance is effective as of November 21, 1997.
FOR FURTHER INFORMATION CONTACT: Jerry Cordova, Office of Tribal
Services, 1849 C Street, N.W., MS 4641 MIB, Washington, D.C. 20240-
4401; telephone (202) 208-4401.
SUPPLEMENTARY INFORMATION: The Saginaw Chippewa Tribe of Michigan
Liquor Ordinance shall read as follows:
Chapter 8.7 Liquor Control Act
8.7.1 Legislative Findings. The Saginaw Chippewa Tribal Council
hereby finds as follows:
8.7.1.1 The Council has authority to adopt this Act pursuant to
powers vested in it by Article VI, sections 1(e), (i), (j), (k), (n),
(o), and Article VI, section 2 of the Amended Tribal Constitution, said
Constitution and Bylaws having been ratified by the Tribe on March 27,
1937, and approved by the Secretary of Interior on May 6, 1937, with
revised amendments approved on November 4, 1986. Further, the Supreme
Court held in United States v. Mazurie, 419 U.S. 544 (1975), that
Congress through 18 U.S.C. 1161 delegated to Indian tribes authority to
control the introduction, distribution, and use of alcoholic beverages
into Indian country.
8.7.1.2 The importation, distribution, manufacture, and sale of
alcoholic liquor for commercial purposes on the Isabella Reservation
(``Reservation'') is a matter of special concern to the Tribe.
8.7.1.3 Federal law as embodied in 18 U.S.C. 1161 provides that
certain sections of the United States Code, commonly referred to as
Federal Indian Liquor Laws, shall not apply to any act or transaction
within any area of Indian country, provided such act or transaction is
in conformity with both the laws of the state in which such act or
transaction occurs, and with an act duly adopted by the tribe having
jurisdiction over such area of Indian country.
8.7.2 Declaration of Policy.
8.7.2.1 The Council hereby declares that the policy of the Tribe
is to eliminate the problems associated with unlicensed, unregulated,
and unlawful importation, distribution, manufacture, and sale of
alcoholic liquor for commercial purposes on the Reservation, and to
promote temperance in the use and consumption of alcoholic liquor by
increasing tribal control over such activities on the Reservation.
8.7.2.2 The importation, distribution, manufacture, and sale of
alcoholic liquor for commercial purposes on the Reservation shall be
lawful, provided that such activity is conducted by the Tribe or by an
authorized tribal enterprise, and is in conformity with this Act. Such
conditions are necessary to increase the Tribe's ability to control and
regulate the distribution, sale, and possession of alcoholic liquor,
while at the same time provide an important and necessary source of
revenue for continued operation of the tribal government and delivery
of tribal governmental services.
8.7.3 Short Title. This Act shall be known and cited as the
``Saginaw Chippewa Liquor Control Act.''
8.7.4 Purpose. The purpose of this Act is to prohibit the
importation, manufacture, distribution, and sale of alcoholic liquor
for commercial purposes on the Reservation except pursuant to a license
issued by the Council under the provisions of this Act and other tribal
laws.
8.7.5 Application of 18 U.S.C. 1161. The importation, manufacture,
distribution, and sale of alcoholic liquor for commercial purposes on
the Reservation shall be ``in conformity with'' this Act and the laws
of the State of Michigan as that phrase is used in 18 U.S.C. 1161.
8.7.6 Incorporation by Reference of Michigan Laws.
8.7.6.1 In accordance with 18 U.S.C. 1161, the Tribe hereby adopts
and applies as tribal law those Michigan laws, as amended, relating to
the sale and regulation of alcoholic beverages encompassing the
following areas: Sale to a minor; sale to a visibly intoxicated
individual; sale of adulterated or misbranded liquor; hours of
operation; and similar substantive provisions, including such other
laws prohibiting the sale of alcoholic beverages to certain categories
of individuals. Said tribal laws which are defined by reference to the
substantive areas of Michigan laws referred to in this section shall
apply in the same manner and to the same extent as such laws apply
elsewhere in Michigan to off-Reservation transactions unless otherwise
agreed by the Tribe and State; provided, that nothing in this Act shall
be construed as a consent by the Tribe to the jurisdiction of the State
of Michigan or any of its courts or subordinate political subdivisions
or municipalities within the Reservation over any activity arising
under or related to the subject of this Act nor shall anything in this
Act constitute an express or implied waiver of the sovereign immunity
of the Tribe.
8.7.6.2 The Tribe, for resale by the Tribe, shall purchase spirits
from the Michigan Liquor Control Commission, and beer and wine from
distributors licensed by the Michigan Liquor Control Commission, at the
same price and on the same basis that such beverages are purchased by
similar licensees.
8.7.6.3 In the event of any conflict or inconsistency between
``adopted and applied'' Michigan laws and this Act, the provisions of
this Act shall govern.
8.7.6.4 Whenever such Michigan laws are incorporated herein by
reference, amendments thereto shall
[[Page 62339]]
also be deemed to be incorporated upon their effective date in the
State of Michigan without further action by the Council.
8.7.7 Administration of Act. The Council, under its powers vested
under the Constitution and Bylaws and this Act, shall exercise all of
the powers and accomplish all of the purposes as set forth in this Act,
which may include the following actions:
(a) Adopt and enforce rules and regulations for the purpose of
effectuating this Act, which includes the setting of fees;
(b) Execute all necessary documents; and
(c) Perform all matters and things incidental to and necessary to
conduct its business and carry out its duties and functions under this
Act.
8.7.8 Sovereign Immunity Preserved.
8.7.8.1 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 expressly and unequivocally waived in writing by the
Tribe.
8.7.8.2 Nothing in this Act, and no enforcement action taken
pursuant to this Act or otherwise, including without limitation the
filing of suit by the Tribal Council to enforce any provision of this
Act or other tribal law, shall constitute a waiver of such sovereign
immunity, either as to any counterclaim, regardless of whether the
asserted counterclaim arises out of the same transaction or occurrence,
or in any other respect.
8.7.9 Applicability Within the Reservation. This Act shall apply
to all persons within the exterior boundaries of the Reservation,
consistent with applicable federal laws.
8.7.10 Interpretation and Findings. The Council in the first
instance may interpret any ambiguities contained in this Act.
8.7.11 Liberal Construction. The provisions of this Act shall be
liberally construed to achieve the purposes set forth, whether clearly
stated or apparent from the context of the language used herein.
8.7.12 Savings Clause. In the event any provision of this Act
shall be found or declared to be invalid by a court of competent
jurisdiction, all of the remaining provisions of this Act shall be
unaffected and shall remain in full force and effect.
8.7.13 Effective Date. The effective date of this Act is the date
that the Secretary of the Interior publishes the same in the Federal
Register.
8.7.14 Prior Inconsistent Acts. Except as provided otherwise under
applicable federal law, this Act shall be the exclusive tribal law
governing the introduction, distribution, sale and regulation of
alcoholic beverages within the Isabella Reservation. This Act shall
supersede any and all tribal laws that are inconsistent with the
provisions of this Act, and such laws are hereby rescinded and
repealed.
8.7.15 Computation of Time. Unless otherwise provided in this Act,
in computing any period of time prescribed or allowed by this Act, the
day of the act, event or default from which the designated period time
begins to run shall not be included. The last day of the period so
computed shall be included, unless it is a Saturday, a Sunday, or a
legal holiday, in which event the period runs until the end of the next
day which is not a Saturday, a Sunday, or a legal holiday. For the
purposes of this Act, the term ``legal holiday'' shall mean all legal
holidays under tribal law.
8.7.16 Definitions. In construing the provisions of this Act, the
following words or phrases shall have the meaning designated unless a
different meaning is expressly provided or the context clearly
indicates otherwise:
(a) Alcohol means 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.
(b) Alcoholic liquor or ``alcoholic beverage'' means any
spirituous, vinous, malt, 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 is
fit for use for beverage purposes. The following eight
subclassifications comprise the entire universe of alcoholic liquor:
beer, wine, spirits, alcohol, sacramental wine, brandy, mixed wine
drink, and mixed spirit drink. Alcoholic liquor or alcoholic beverage
does not include the exceptions set forth in Mich. Comp. Laws
Sec. 436.4 (Mich. Stat. Ann. Sec. 18.974).
(c) Applicant means any person who submits an application to the
Tribe for a liquor license and who has not yet received such a license.
(d) Beer means any beverage obtained by alcoholic fermentation of
an infusion or decoction of barley, malt, hops, or other cereal in
potable water.
(e) Brandy means an alcoholic liquor as defined in the federal
regulations, 27 CFR Sec. 5.22(d) (1980).
(f) Constitution and Tribal Constitution, as used throughout this
Code and elsewhere under tribal law, means the Constitution and Bylaws
of the Saginaw Chippewa Indian Tribe of Michigan, approved by the
Secretary of the Interior on May 6, 1937, amended on November 4, 1986,
under the authority of Section 4 of the Saginaw Chippewa Indian Tribe
Distribution of Judgment Funds Act, Public Law 99-346, 100 Stat. 676
(June 30, 1986), including all subsequent amendments ratified and
approved pursuant to tribal and federal law.
(g) Council means the elected Tribal Council of the Saginaw
Chippewa Indian Tribe of Michigan acting as the governing body of the
Tribe pursuant to the Tribe's Constitution.
(h) License means a liquor license issued by the Saginaw Chippewa
Tribal Council under the provisions of this Act authorizing the
importation, manufacture, distribution, or sale of alcoholic liquor for
commercial purposes on or within the Reservation consistent with
federal law.
(i) Licensee means any holder of a liquor license issued by the
Tribe and includes any employee or agent of the Licensee.
(j) Manufacturer means any person engaged in the manufacture of
alcoholic liquor.
(k) Mixed wine drink means 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 any
one (1) or more of the following: Nonalcoholic beverages; flavoring;
coloring materials; fruit juices; fruit adjuncts; sugar; carbon
dioxide; or preservatives.
(l) Mixed spirit drink means 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.
(m) Person means any individual, whether Indian or non-Indian,
receiver, assignee, trustee in bankruptcy, trust estate, tribe, firm,
partnership, joint corporation, association, society, or any group of
individuals acting as a unit, whether mutual, cooperative, fraternal,
non-profit, or otherwise, and any other Indian tribe, band, or group,
whether recognized by the United States or otherwise. The term shall
also include any tribal enterprise and licensee.
[[Page 62340]]
(n) Reservation Unless otherwise provided by applicable federal
law, the Isabella Reservation includes five full and two one-half
adjoining townships located in Isabella County, Michigan that were
withdrawn and reserved for the benefit of the Tribe by Executive Order
of President Pierce dated May 14, 1855, and selected by the Indians
pursuant to the Treaty of August 2, 1855, 11 Stat. 633, and described
with specificity and reaffirmed in Article II of the Treaty of October
18, 1864, 14 Stat. 657, as the north half of township 14 [Chippewa
Township], and townships 15 [Denver Township] and 16 [Wise Township]
north, range 3 west; the north half of township 14 [Union Township] and
township 15 [Isabella Township] north, range 4 west; and townships 14
[Deerfield Township] and 15 [Nottowa Township] north, range 5 west,
within Isabella County, Michigan, and all other lands added to the
Reservation by executive order, act of Congress, proclamation or
declaration of the Secretary of the Interior or other authorized
federal official, or otherwise under federal law, including, without
limitation, lands in Isabella County and Arenac County, Michigan that
were added to the Isabella Reservation and described by declaration of
the Secretary of the Interior on September 9, 1983, 48 FR 176 (1983),
and shall include, without limitation, all lands, whether held in fee
or trust and regardless of ownership, title, or patent, without regard
to date of issuance; and all waters, waterways, streams and rivers; all
highways and roadways, public or private; rights of way and easements,
without regard to ownership or title of the land; and all airspace in a
column above all such lands and territory.
(o) Sacramental wine means wine containing not more than 24% of
alcohol by volume which is used for sacramental purposes.
(p) Sale means the exchange, barter, traffic, furnishing, or giving
away for commercial purposes any alcoholic liquor.
(q) Spirits means any beverage which contains alcohol obtained by
distillation, mixed with potable water or 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.
(r) Tribal Court means the Tribal Court of the Saginaw Chippewa
Indian Tribe of Michigan.
(s) Tribal enterprise means the Tribe or any activity or business
owned, managed, or controlled by the Tribe or any agency, subordinate
organization, or other entity of the Tribe, where the organic documents
establishing such enterprise expressly allow for the sale of alcoholic
liquor.
(t) Tribal law means the Tribal Constitution and all laws, acts,
codes, resolutions, and regulations now and hereafter duly enacted by
the Tribal Council.
(u) Tribe means, and ``tribal'' refers to, the Saginaw Chippewa
Indian Tribe of Michigan.
(v) Wine means 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% of
alcohol by volume, including fermented fruit juices other than grapes
and mixed wine drinks.
8.7.17 Prohibition of Unlicensed Sale of Liquor. This Act
prohibits the importation, manufacture, distribution, or sale of
alcoholic liquor for commercial purposes other than where conducted by
a tribal enterprise in accordance with this Act. No license shall be
issued to any person or entity other than a tribal enterprise. The
federal liquor laws are intended to remain applicable to any act or
transaction that is not authorized by this Act, and violators shall be
subject to federal law.
8.7.18 Authorization to Sell Liquor. Any tribal enterprise
applying for and obtaining a license under the provisions of this Act
shall have the right to engage only in those alcoholic liquor
transactions expressly authorized by such license and only at those
specific places or areas designated in said license.
8.7.19 Classes of Licenses. The Council shall have the authority
to issue any one or more of the following classes of liquor licenses
within the Reservation:
(a) ``Retail on-sale general license'' means a license authorizing
the applicant to sell alcoholic beverages at retail to be consumed by
the buyer only on the premises or at the location designated in the
license. This class includes hotels where alcoholic beverages may be
sold for consumption on the premises and in the rooms of bona fide
registered guests.
(b) ``Retail on-sale beer and wine license'' means a license
authorizing the applicant to sell beer and wine at retail to be
consumed by the buyer only on the premises or at the location
designated in the license. This class includes hotels where beer and/or
wine may be sold for consumption on the premises and in the rooms of
bona fide registered guests.
(c) ``Retail off-sale general license'' means a license authorizing
the applicant to sell alcoholic beverages at retail to be consumed by
the buyer off of the premises or at a location other than the one
designated in the license.
(d) ``Retail off-sale beer and wine license'' means a license
authorizing the applicant to sell beer and wine at retail to be
consumed by the buyer off of the premises or at a location other than
the one designated in the license.
(e) ``Manufacturer's license'' means a license authorizing the
applicant to manufacture alcoholic beverages for the purpose of sale on
the Reservation.
(f) ``Temporary license'' means a license authorizing the sale of
alcoholic liquor on a temporary basis for premises temporarily occupied
by the licensee for a picnic, social gathering, or similar occasion.
The Council may, by appropriate Council action, limit or restrict
the number of licenses issued or in effect in its sole discretion.
8.7.20 Application Form and Content. An application for a license
shall be made to the Council and shall contain the following
information:
(a) The name and address of the licensee, including the names and
addresses of all of the principal officers and directors, and other
employees with primary management responsibility related to the sale of
alcoholic liquor;
(b) The specific area, location, and/or premise(s) for which the
license is applied for;
(c) The class of liquor transaction applied for (e.g., retail on-
sale general license, etc.);
(d) Whether the applicant has a state liquor license;
(e) A sworn statement by the applicant to the effect that none of
the applicant's officers and directors, and employees with primary
management responsibility related to the sale of alcoholic liquor, were
ever convicted of a felony under any law, and have not violated and
will not violate or cause or permit to be violated any of the
provisions of this Act; and
(f) The application shall be verified under oath and notarized by a
duly authorized representative.
8.7.21 Transfer of License. Each license issued or renewed under
this Act is separate and distinct and is transferable from one licensee
to another and/or from one premises to another only with the approval
of the Tribal Council. The Tribal Council shall have the authority to
approve, deny, or approve with conditions any application for the
transfer of any license. The transfer application shall contain all of
the information required
[[Page 62341]]
of an original applicant under section I.G.19 of this Act and shall be
signed by both the licensee and transferee. In the case of a transfer
to a new premises, the application shall contain an exact description
of the location where the alcoholic liquor is proposed to be sold.
8.7.22 Term and Renewal of License. All licenses shall be issued
on a calendar year basis and shall be renewed annually. The applicant
shall renew a license by, prior to the license's expiration date,
submitting a written renewal application to the Tribal Council on the
provided form, and paying the annual license fee for the next year.
8.7.23 Investigation. Upon receipt of an application for the
issuance, renewal, or transfer of a license, the Tribal Council shall
make a thorough investigation to determine whether the applicant and
the premises for which a license is applied for qualify for a license
and whether the provisions of this Act have been complied with, and
shall investigate all matters connected therewith which may affect the
public health, welfare, and morals.
8.7.24 Public Hearing. Upon receipt of an application for
issuance, renewal, or transfer of a license, and the payment of all
fees required under this Act, the Tribal Council shall set the matter
for a public hearing. Notice of the time and place of the hearing shall
be given to the applicant and the public at least twenty (20) calendar
days before the hearing. Notice shall be given to the applicant by
United States mail, postage prepaid, at the address listed in the
application. Notice shall be given to the public by publication in a
newspaper of general circulation sold on the Reservation. The notice
published in the newspaper shall include the name of the applicant,
whether the action involves a new issuance, renewal, or transfer, the
class of license applied for, and a general description of the area
where the alcoholic liquor will be or has been sold. At the hearing,
the Tribal Council shall hear from any person who wishes to speak for
or against the application. The Tribal Council shall have the authority
to place time limits on each speaker and to limit or prohibit
repetitive testimony.
8.7.25 Tribal Council Action on the Application. The Tribal
Council shall act on the matter within thirty (30) days of the
conclusion of the public hearing. The Tribal Council shall have the
authority to deny, approve, or approve with conditions the application.
Upon approval of an application, the Council shall issue a license to
the applicant in a form to be approved from time to time by Tribal
Council resolution.
8.7.26 Denial of License, Renewal, or Transfer. An application for
a new license, license renewal, or license transfer may be denied for
one or more of the following reasons. Solely for purposes of this
section and section I.G.26, ``applicant'' means licensee in the event
of a renewal, and licensee and/or transferee in the event of a
transfer.
(a) The applicant has materially misrepresented facts contained in
the application;
(b) The applicant is presently not in compliance with tribal or
federal laws;
(c) Granting of the license (or renewal or transfer thereof) would
create a threat to the peace, safety, morals, health, or welfare of the
Tribe;
(d) The applicant has failed to complete the application properly
or has failed to tender the appropriate fee; or
(e) A plea, verdict, or judgment of guilty, or the plea of nolo
contendere by an applicant's officer or director, or an employee with
primary management responsibility related to the sale of alcoholic
liquor, to any offense under any federal or state law prohibiting or
regulating the sale, use, possession, or giving away of alcoholic
liquor.
8.7.27 Temporary Denial. If the application is denied solely on
the basis of subsection I.G.25(d), the Tribal Council shall, within
fourteen (14) days of receipt of the application, issue a written
notice of temporary denial to the applicant. Such notice shall set
forth the reasons for denial and shall state that the denial will
become permanent if the problem(s) is not corrected within fifteen (15)
days following receipt of the notice.
8.7.28 Multiple Locations. Each license shall be issued to a
specific licensee. Separate licenses shall be issued for each of the
premises of any business establishment having more than one address. In
the case of the sale of alcoholic beverages on boats, a separate
license shall be issued for each boat regardless of the fact that the
boats are moored at one location or owned by one person.
8.7.29 Posting of License. Every licensee shall post and keep
posted its license(s) in a conspicuous place(s) on the licensed
premises.
8.7.30 Suspension or Revocation of License. Whenever it is brought
to the attention of the Tribal Council that a licensee, through action
or inaction:
(a) has materially misrepresented facts contained in any license
application;
(b) is not in compliance with tribal or federal laws;
(c) failed to comply with any condition of a license, including
failure to pay a required fee;
(d) has had a plea, verdict, or judgment of guilty, or a plea of
nolo contendere entered against one of its officers or directors, or
managers with primary responsibility over the sale of alcoholic liquor,
to any offense under federal or state law prohibiting or regulating the
sale, use, or possession, of alcoholic liquor;
(e) failed to take reasonable steps to correct objectionable
conditions constituting a nuisance on the licensed premises or any
adjacent area within a reasonable time after receipt of a notice to
make such corrections has been received from the Tribal Council or its
authorized representative; or
(f) suspension or revocation of the licensee's Michigan liquor
license.
8.7.31 Initiation of Suspension or Revocation Proceedings.
Suspension or revocation proceedings are initiated either: by the
Tribal Council, on its own motion and through the adoption of an
appropriate resolution meeting the requirements of this section; or by
any person who files an accusation with the Tribal Council. The
accusation shall be in writing and signed by the maker. Both the
accusation and resolution shall state facts showing that there are
specific grounds under this Act which would authorize the Tribal
Council to suspend or revoke the license(s). The Tribal Council shall
cause the matter to be set for a hearing before the Tribal Council on a
date no later than thirty (30) days from the Tribal Council's receipt
of an accusation or adoption of the resolution. Notice of the time,
date, and place of the hearing shall be given the licensee and the
public in the same manner as set forth in subsection I.G.23. The notice
shall state that the licensee has the right to file a written response
to the accusation or resolution, verified under oath and signed by the
licensee, ten (10) days prior to the hearing date.
8.7.32 Hearing. Any hearing held on any accusation shall be held
before a majority of the Council under such rules of procedure as it
may adopt. Both the licensee and the person filing the accusation shall
have the right to present witnesses to testify and to present written
documents in support of their positions to the Tribal Council. The
Tribal Council shall render its decision within sixty (60) days after
the date of the hearing. The decision of the Tribal Council shall be
final.
8.7.33 Delivery of License. Upon suspension or revocation of a
license, the enterprise shall return the license to the Tribal Council.
In cases involving suspension, the Tribal Council shall
[[Page 62342]]
return the license to the enterprise at the expiration or termination
of the suspension period, with a memorandum of the suspension written
or stamped upon the face thereof in red ink.
8.7.34 General Penalties. Any person adjudged to be in violation
of this Act, including any lawful regulation promulgated pursuant
thereto, shall be subject to a civil fine of not more than five hundred
dollars ($500.00) for each such violation. The Tribal Council may adopt
by resolution a separate schedule for fines for each type of violation,
taking into account the seriousness and threat the violation may pose
to the general health and welfare. Such schedule may also provide, in
the case of repeated violations, for imposition of monetary penalties
greater than the five hundred dollar ($500.00) limitation set forth
above. The penalties provided for herein shall be in addition to any
criminal penalties which may be imposed under applicable law.
8.7.35 Initiation of Action. Any violation of this Act shall
constitute a public nuisance. The Tribal Council, on behalf of and in
the name of the Tribe, may initiate and maintain an action in Tribal
Court or any court of competent jurisdiction to abate and permanently
enjoin any nuisance declared under this Act. Any action taken under
this section shall be in addition to any other penalties provided for
in this Act. The plaintiff shall not be required to give bond in this
action.
8.7.36 Inspection. All licensed premises used in the storage or
sale of liquor, or any premises or parts of premises used or in any way
connected physically or otherwise, with the licensed enterprise, shall
at all times be opened to inspection by any tribal inspector.
8.7.37 Contraband; Seizure; Forfeiture.
8.7.37.1 All alcoholic liquor within the Reservation held, owned,
or possessed by any person or licensee operating in violation of this
Act is hereby declared to be contraband and subject to forfeiture to
the Tribe.
8.7.37.2 Within three (3) weeks following the seizure of the
contraband, a hearing shall be held by the Tribal Council, at which
time the operator or owner of the contraband shall be given an
opportunity to present evidence in defense of his or her activities.
8.7.37.3 Notice of the hearing shall be given to the person from
whom the property was seized, if known prior to hearing. If the person
is unknown, notice of the hearing shall be posted at the place where
the contraband was seized and at other public places on the
Reservation. The notice shall describe the property seized, and the
time, place, and cause of seizure and give the name and place of
residence, if known, of the person from whom the property was seized.
8.7.37.4 If upon hearing, the evidence warrants, or if no person
appears as a claimant, the Tribal Council shall thereupon enter a
determination of forfeiture and order such contraband sold or destroyed
forthwith.
Dated: November 10, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-30597 Filed 11-20-97; 8:45 am]
BILLING CODE 4310-02-U