[Federal Register Volume 66, Number 217 (Thursday, November 8, 2001)]
[Notices]
[Pages 56567-56573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28012]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Mashantucket Pequot Tribe Liquor Control Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Mashantucket Pequot Tribe Liquor 
Control Code. The Code regulates the control, possession, and sale of 
liquor on the Mashantucket Pequot Tribe trust lands, in conformity with 
the laws of the State of Connecticut, where applicable and necessary. 
Although the Code was adopted on January 5, 1999, it does not become 
effective until published in the Federal Register because the failure 
to comply with the Code may result in criminal charges.

DATES: This Code is effective on November 8, 2001.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
Services, 1849 C Street NW., MS 4660-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: Under 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 
the adopted liquor ordinances for the purpose of regulating liquor 
transaction in Indian country. The Mashantucket Pequot Tribe Liquor 
Code, Resolution No. TCR110398-01 of 04, was duly adopted by the 
Mashantucket Pequot Tribal Council on January 5, 1999. The Mashantucket 
Pequot Tribe, in furtherance of its economic and social goals, has 
taken positive steps to regulate retail sales of alcohol and use 
revenues to combat alcohol abuse and its debilitating effect among 
individuals and family members with the Mashantucket Pequot Tribe.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 Department Manual 8.1.
    I certify that by Resolution No. TCR110398-01 of 04, the 
Mashantucket Pequot Tribe Liquor Control Code was duly adopted by the 
Mashantucket Pequot Tribal Council on January 5, 1999.


[[Page 56568]]


    Dated: October 22, 2001.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.

    The Mashantucket Pequot Tribe Liquor Control Code, Resolution No. 
TCR110398-01 of 04, reads as follows:

Mashantucket Pequot Tribe Liquor Control Code

Section 1. Definitions for the Interpretation of this Code, Unless the 
Context Indicates a Different Meaning

    Alcohol means the product of distillation of any fermented liquid, 
rectified either once or more often, whatever may be the original 
thereof, and includes synthetic ethyl alcohol, which is considered 
nonpotable.
    Alcoholic liquor or alcoholic beverage includes alcohol, beer, 
spirits and wines and every liquid or solid, patented or not, 
containing alcohol, spirits, wine or beer and capable of being consumed 
by a human being for beverage purposes. Any liquor or solid containing 
more than one of the four varieties so defined is considered as 
belonging to that variety which has the higher percentage of alcohol, 
according to the following order: Alcohol, spirits, wines and beer. The 
provisions of this Code shall not apply to any liquid or solid 
containing less than one-half of one percent of alcohol by volume.
    Backer means, except in cases where the permittee is himself the 
proprietor, the proprietor of any business or institution established 
by the Mashantucket Pequot Tribe, incorporated or unincorporated, 
engaged in the sale of alcoholic liquor on the Reservation, in which 
business a permittee is associated, whether as employee, agent or part 
owner.
    Beer means any beverage obtained by the alcoholic fermentation of 
an infusion or decoction of barley, malt and hops in drinking water.
    Charitable organization means any nonprofit institution established 
for charitable or educational purposes by the Mashantucket Pequot 
Tribe.
    Commission means the Land Use Commission and Commissioner means the 
Land Use Commissioner or the Office of the Land Use Commissioner.
    Gaming Facility means that area of the Reservation in which gaming 
is conducted, as authorized by the Mashantucket Pequot Final Gaming 
Procedures, 56 FR 24996 (May 31, 1991), and the Mashantucket Pequot 
Gaming Law.
    Mashantucket Pequot Tribe or Tribe means the federally recognized 
Tribe of the same name pursuant to 25 U.S.C. 1751 et seq.
    Minor means any person under twenty-one years of age.
    Nonprofit Public Museum means any public museum established for 
nonprofit, charitable, literary and/or educational purposes by the 
Tribe.
    Person means natural person including partners but shall not 
include corporations, limited liability companies, joint stock 
companies or other associations of natural persons.
    Premises means, if not otherwise defined herein, any public 
building or entity owned by the Tribe and located on its Reservation.
    Reservation means the lands of Mashantucket Pequot Reservation held 
in trust by the United States.
    Spirits means any beverage that contains alcohol obtained by 
distillation mixed with drinkable water and other substances in 
solution, including brandy, rum, whiskey and gin.
    Tribal Council or Council means the governing body of the 
Mashantucket Pequot Tribe.
    Wine means any alcoholic beverage obtained by the fermentation of 
the natural sugar content of fruits, such as grapes or apples or other 
agricultural products, containing sugar, including fortified wines such 
as port, sherry and champagne.

Section 2. Land Use Commission Enforcement

    The Commissioner shall enforce the provisions of this Code on the 
Reservation excluding the Gaming Facility in which areas the laws and 
regulations of the State of Connecticut applicable to the sale and 
distribution of alcoholic beverages are enforced by the State pursuant 
to section 14(b) of the Mashantucket Pequot Final Gaming Procedures. It 
may generally do whatever is reasonably necessary for the carrying out 
this Code, and it may call upon other departments of the Tribal 
Government such as the Tribal Police and Legal Counsel for such 
information and assistance as it deems necessary in the performance of 
its duties.
    No member of the Commission and no employee of the Commissioner who 
carries out the duties and responsibilities pursuant to this Code may, 
directly or indirectly, individually or as a member of a partnership or 
as a shareholder of a corporation, have any interest whatsoever in 
dealing in or in the manufacture of alcoholic liquor, nor receive any 
commission or profit whatsoever from, nor have any interest whatsoever 
in, the purchases or sales made by the persons authorized by this Code 
to purchase or sell alcoholic liquor. No provision of this section 
shall prevent any such Commission member or employee from purchasing 
and keeping in his possession, for the personal use of himself or 
members of his family or guests, any alcoholic liquor which may be 
purchased or kept by any person by virtue of this Code.
    The moneys received from the permit fees shall be deposited into 
the general funds of the Tribe.
    The Commissioner shall submit to the Tribal Council an annual 
report of its acts. The Commissioner shall keep a record of proceedings 
and orders pertaining to all permits granted, refused, suspended or 
revoked and of all reports sent to its office. It shall furnish, 
without charge, for official use only, certified copies of permits and 
documents relating thereto, to officials of the Tribal Government and 
of the State of Connecticut. All records pertaining to applicants and 
to permits of the current year or of the previous three years, 
including applications, approvals and denials, permits and licenses, 
documents requested through proper legal documents in related legal 
proceedings, shall be open to public inspection at reasonable times 
during office hours. All other records may be regarded as confidential 
by the Commissioner, except to the Tribal Council and in response to 
judicial process.

Section 3. Inspections, Inquiries, Hearings

    The Commissioner is authorized to conduct any inspection, inquiry, 
or investigation and the Commission may conduct a hearing under oath 
relative to the matter of inquiry or investigation. At any hearing 
conducted by the Commission, it may require the production of records, 
papers and documents pertinent to such inquiry.

Section 4. Nature and Duration of Permit. Renewals by Transferee or 
Purchaser of Permit Premises

    A permit shall be a purely personal privilege, good for one year 
after issuance, and revocable in the discretion of the Commission 
subject to appeal as provided in section 20, and shall not constitute 
property, nor shall it be subject to attachment and execution, nor 
shall it be alienable, nor shall it descend by the laws of testate or 
intestate devolution, but it shall cease upon the death of the 
permittee.

Section 5. Issuance of Permits

    The Commissioner may issue permits in the classes described in this 
Code.

[[Page 56569]]

Section 6. Temporary Permit for Outings, Picnics or Social Gatherings

    A temporary beer permit shall allow the sale of beer and a 
temporary liquor permit shall allow the sale of alcoholic liquor at any 
outing, picnic or social gathering conducted by a bona fide 
noncommercial organization established by the Mashantucket Pequot 
Tribe, which organization shall be the backer of the permittee under 
such permit. The profits from the sale of such beer or alcoholic liquor 
shall be retained by the organization conducting such outing, picnic or 
social gathering and no portion thereof shall be paid, directly or 
indirectly, to any individual or other corporation. Such permit shall 
be issued subject to the approval of the Commissioner and shall be 
effective only for the time limited by the Commissioner. The combined 
total of temporary beer permits and temporary liquor permits issued to 
an organization shall not exceed four during any one calendar year. The 
fee for a temporary beer permit shall be fifteen dollars per day and 
for a temporary liquor permit shall be twenty-five dollars per day.

Section 7. Ninety (90)-day Provisional Permit

    A 90-day provisional permit shall allow the retail sale of 
alcoholic liquor by any applicant and his backer, if any, who has made 
application for a liquor permit pursuant to section 11 and may be 
issued at the discretion of the Commissioner. If said applicant or his 
backer, if any, causes any delay in the review conducted by the 
Commissioner pursuant to said section, the 90-day provisional permit 
shall cease immediately. Only one such permit shall be issued to any 
applicant and his backer, if any, for each location of the place of 
business which is to be operated under such permit and such permit 
shall be nonrenewable but may be extended due to delays not caused by 
the applicant. The fee for such 90-day permit shall be five hundred 
dollars ($500.00).

Section 8. Nonprofit Public Museum Permit

    A nonprofit public museum permit shall allow the retail sale of 
alcoholic liquor by a nonprofit public museum located on the 
Reservation to be consumed on its premises by its patrons on any day on 
which such nonprofit public museum is open to visitors from the general 
public. Proceeds derived from such sales, except for reasonable 
operating costs, shall be used in furtherance of the charitable, 
literary and educational activities of such nonprofit public museum. 
section 36, insofar as said section refers to local regulation of 
sales, shall not apply to such permit. The annual fee for a nonprofit 
public museum permit shall be two hundred dollars ($200.00).

Section 9. Charitable Organization Permit

    A charitable organization permit shall allow the retail sale of 
alcoholic liquor by the drink to be consumed on the premises located 
within the Reservation. Such permit shall be issued on a daily basis 
subject to the hours of sale in section 36 and only four such permits 
shall be issued to the same charitable organization in any calendar 
year. The fee for a charitable organization permit shall be twenty-five 
dollars ($25.00).

Section 10. Storage of Liquor; Approval of Facilities

    Each permit shall also allow the storage, on the premises and at 
one other secure location registered with and approved by the 
Commissioner, of sufficient quantities of alcoholic liquor allowed to 
be sold under such permit as may be necessary for the business 
conducted by the respective permittees or their backers.

Section 11. Applications for Permits, Renewals; Fees; Publication, 
Remonstrance, Hearing

    (a) For the purposes of this section, the filing date of an 
application means the date upon which the Commissioner, after approving 
the application for processing, mails or otherwise delivers to the 
applicant a placard containing such date.
    (b) Any person desiring a liquor permit or a renewal of such a 
permit shall make a sworn application therefor to the Commissioner upon 
forms to be furnished by the Commissioner, showing the name and address 
of the applicant and of the backer, if any, the location of the place 
of business which is to be operated under such permit. Such application 
shall include a detailed description of the type of live entertainment 
that is to be provided. The application shall also indicate any crimes 
of which the applicant or his backer may have been convicted. 
Applicants shall submit documents sufficient to establish that any 
tribal regulations concerning hours and days of sale will be met. The 
Tribal Fire Marshal or his certified designee shall be responsible for 
approving compliance with the applicable fire regulations. The 
Commissioner may, at its discretion, conduct a review to determine 
whether a permit shall be issued to an applicant.
    (1) The applicant shall pay to the Commissioner a nonrefundable 
application fee, which fee shall be in addition to the fees prescribed 
in this Code for the permit sought. An application fee shall not be 
charged for an application to renew a permit. The application fee shall 
be in the amount of Ten Dollars ($10.00) for the filing of each 
application for a permit by a charitable organization, or a temporary 
permit; and for all other permits in the amount of one hundred dollars 
for the filing of any initial application. Any permit issued shall be 
valid only for the purposes and activities described in the 
application.
    (2) The applicant, immediately after filing an application, shall 
give notice thereof, with the name and residence of the permittee, the 
type of permit applied for and the location of the place of business 
for which such permit is to be issued and the type of live 
entertainment to be provided, all in a form prescribed by the 
Commissioner, by publishing notice of the same in a publication having 
a circulation on the Reservation at least once. The applicant shall 
affix, and maintain in a legible condition upon the outer door of the 
building wherein such place of business is to be located and clearly 
visible to the public, the placard provided by the Commissioner, not 
later than the day following the receipt of the placard by the 
applicant. If such outer door of such premises is so far from the 
public view that such placard is not clearly visible as provided, the 
Commissioner shall direct a suitable method to notify the public of 
such application. When an application is filed for any type of permit 
for a building that has not been constructed, such applicant shall 
erect and maintain in a legible condition a sign not less than six feet 
by four feet upon the site where such place of business is to be 
located, instead of such placard upon the outer door of the building. 
The sign shall set forth the type of permit applied for and the name of 
the proposed permittee shall be clearly visible to the public and shall 
be so erected not later than the day following the receipt of the 
placard. Such applicant shall make a return to the Commissioner, under 
oath, of compliance with the foregoing requirements, in such form as 
the Commissioner may determine, but the Commissioner may require any 
additional proof of such compliance. Upon receipt of evidence of such 
compliance, the Commission may hold a hearing as to the suitability of 
the proposed location. The provisions of

[[Page 56570]]

this subdivision shall not apply to temporary permits and charitable 
organization permits.
    (c) Any ten residents of The Reservation may file with the 
Commissioner, within three weeks from the filing date of the 
application for an initial permit, and in the case of renewal of an 
existing permit, at least twenty-one days before the renewal date of 
such permit, a remonstrance containing any objection to the suitability 
of such applicant or proposed place of business. Upon the filing of 
such remonstrance, the Commission, upon written application, shall hold 
a hearing and shall give such notice as it deems reasonable of the time 
and place at least five days before such hearing is had. The 
remonstrance shall designate one or more agents for service, who shall 
serve as the recipient or recipients of all notices issued by the 
Commissioner. The decision of the Commission on such applications shall 
be final with respect to the remonstrance.
    (d) No new permit shall be issued until the foregoing provisions of 
subsections (a) and (b) of this section have been complied with.
    (e) The Commissioner may renew a permit that has expired if the 
applicant pays a nonrefundable late fee of One Hundred Dollars 
($100.00), which fee shall be in addition to the fees prescribed in 
this Code for the permit applied for.

Section 12. Second Application

    No person whose application for a permit has been denied on the 
ground that he is an unsuitable person may make another application for 
a permit within one year thereafter.
    No person whose permit has been revoked may make an application for 
a permit under this Code within one year thereafter.

Section 13. Granting and Denial of Permits; Notice of Hearing

    Permits may be granted without a hearing by the Commissioner in its 
discretion; but, in any case of the denial of or refusal to renew a 
permit, the Commissioner shall, in such manner as it directs, notify 
the applicant or permittee of its proposed action and set a day and 
place for a hearing thereon, giving the applicant or permittee 
reasonable notice in advance thereof. If, at or after such hearing, the 
Commission denies or refuses to renew the permit, as the case may be, 
notice of such decision shall forthwith be given to such applicant or 
permittee in such manner as the Commission directs.

Section 14. Mandatory Refusal of Permits to Certain Persons; Exceptions

    The Commissioner shall refuse permits for the sale of alcoholic 
liquor to the following persons:
    (1) any member of the tribal law enforcement or judiciary, which 
includes any officer or employee of the Tribal Police Department and 
any Judge or staff member of the Mashantucket Pequot Tribal Court or 
Court of Appeals; or
    (2) a minor.

Section 15. Discretionary Refusal of Permit; Location or Character of 
Premises; Other Grounds

    The Commissioner may refuse to grant permits for the sale of 
alcoholic liquor if he has reasonable cause to believe that:
    (1) The proximity of the permit premises will have a detrimental 
effect upon any social or governmental institution as established by 
the Tribal Council or any residential area;
    (2) the place has been conducted as a lewd or disorderly 
establishment; or
    (3) there is any other reason as provided by tribal law, ordinance 
or regulation, which warrants such refusal.

Section 16. Discretionary Refusal of Permits; Disqualification of 
Applicant

    The Commissioner may, in his discretion, refuse a permit for the 
sale of alcoholic liquor if he has reasonable grounds to believe that:
    (1) The applicant appears to be financially irresponsible or 
neglects to provide for his family, or neglects or is unable to pay his 
just debts;
    (2) the applicant has been provided with funds by any wholesaler or 
manufacturer or has any forbidden connection with any other class of 
permittee as provided herein or as provided in the Connecticut Liquor 
Control Act;
    (3) the applicant is in the habit of using alcoholic beverages to 
excess;
    (4) the applicant has willfully made a false statement to the 
Commissioner in a material matter;
    (5) the applicant has violated this Code, or has been convicted of 
violating the liquor laws of any state or of the United States or has 
been convicted of a felony or has such a criminal record that the 
Commissioner reasonably believes he is not a suitable person to hold a 
permit; or
    (6) if the permittee-applicant has not been delegated full 
authority and control of such premises and of the conduct of all 
business therein. Any backer shall be subject to the same 
disqualifications as herein provided in the case of an applicant for a 
permit.
    A permittee may file a designation of an authorized agent with the 
Commissioner to issue or receive all notices or documents provided for 
in this section. The permittee shall be responsible for the issuance or 
receipt of such notices or documents by the agent.

Section 17. Permit to Specify Location and Revocability; Removal to 
Another Location

    (a) Every permit for the sale of alcoholic liquor shall specify the 
location including the particular building or place in which such 
liquor is to be sold, and shall not authorize any sale in any other 
place or building. Such permit shall also be made revocable in terms 
for any violation of any of the provisions of this Code.
    (b) Nothing in subsection (a) of this section shall be construed as 
prohibiting the Commissioner from permitting the removal of such permit 
premises to any location, for any reason, provided:
    (1) removal to the proposed location complies with all land use 
regulations;
    (2) the proposed location is not found to be unsuitable or 
prohibited by any other provision of this Code. The removal of the 
permit premises from the particular building or place specified in the 
permit without the approval of the Commissioner shall be grounds for 
the suspension or revocation of the permit.

Section 18. Permit to be Recorded

    Each permit granted or renewed by the Commissioner shall be of no 
effect until a duplicate thereof has been filed by the permittee with 
the Tribal Council.

Section 19. Permit to be Hung in Plain View

    Every permittee shall cause his permit or a duplicate thereof to be 
framed and hung in plain view in a conspicuous place in any room where 
the sales so permitted are to be carried on.

Section 20. Revocation or Suspension of Permits

    The Commission may, of its own motion, revoke or suspend any permit 
upon cause found after hearing, provided ten days written notice of 
such hearing has been given to the permittee setting forth the charges 
upon which such proposed revocation or suspension is predicated. Any 
appeal from such order of revocation or suspension shall be taken in 
accordance with the applicable provisions of the Land Use Law.
    The surrender of a permit for cancellation or the expiration of a 
permit shall not prevent the Commission from suspending or

[[Page 56571]]

revoking any such permit pursuant to the provisions of this section.

Section 21. Conviction of Permittee; Revocation or Suspension of 
Permit; Forfeiture

    When any permittee has violated any of the provisions of this Code 
or has been convicted of a violation of any of the laws of the United 
States, the laws of the Mashantucket Pequot Tribe, or of any state, 
pertaining to the manufacture, sale, transportation or taxation of 
distilled spirits, beer and wine, or of any felony, or has forfeited 
his bond to appear in court to answer for any such violation, the 
Commission may, in its discretion, revoke or suspend his permit and 
order the forfeiture of all moneys that have been paid therefor, and 
such revocation or suspension and forfeiture shall be in addition to 
the penalties for such offense.

Section 22. Revocation of Permit Obtained by Fraud

    Whenever any permit under this Code has been obtained by fraud or 
misrepresentation, the Commission, upon proof that such permit was so 
obtained, shall, upon hearing had, revoke the same, and all moneys paid 
therefor shall be forfeited.

Section 23. Offer in Compromise in Lieu of Suspension

    The Commissioner, in its discretion may accept from any permittee 
or backer an offer in compromise in such an amount as may in the 
discretion of the Commissioner be proper under the circumstances in 
lieu of the suspension of any permit previously imposed by the 
Commissioner. Any sums of money so collected by the Commissioner shall 
be paid forthwith to the general funds of the Tribe.

Section 24. Certificate of Revocation, Suspension or Reinstatement

    The Commissioner shall transmit a certificate of the revocation, 
suspension or reinstatement of any permit by it to the Tribal Council 
who shall attach such certificate to the duplicate copy of such permit 
on file.

Section 25. Appeal

    Any applicant for a permit or for the renewal of a permit for the 
sale of alcoholic liquor whose application is refused or any permittee 
whose permit is revoked or suspended by the Commission or any ten 
residents who have filed a remonstrance pursuant to the provisions of 
section 11 and who are aggrieved by the granting of a permit by the 
Commission may appeal therefrom in accordance with the appellate 
provisions of the Land Use law.

Section 26. Substitution of Permittees; Fee

    In any case a new permittee may be substituted when so requested, 
provided the person so substituted shall be a suitable person as 
defined and set forth in this Code, and such person shall be permitted 
to serve in the place and stead of the original permittee for the 
remainder or any part thereof of the term of the permit upon which he 
has been substituted and such a substitution may be made upon the death 
of a permittee, when so requested. A substitute permittee under this 
section shall not be subject to the provisions of section 11. In the 
case of an application to permanently substitute the identity of the 
permittee, the applicant shall pay to the Commissioner a nonrefundable 
application fee of Thirty Dollars ($30.00).

Section 27. Consumer Bars

    The Commissioner may permit more than one consumer bar in any 
premises for which a permit has been issued under this Code for the 
retail sale of alcoholic liquor to be consumed on the premises. A 
consumer bar is a counter, with or without seats, at which a patron may 
purchase and consume or purchase alcoholic liquor. The fee for each 
additional consumer bar shall be One Hundred Fifty Dollars ($150.00) 
per annum.

Section 28. Unauthorized Sale Prohibited

    The sale of alcoholic liquor, except as permitted by this Code, is 
prohibited, and any person or permittee who operates any establishment 
which is a place where alcoholic liquor is kept for sale or exchange 
contrary to law shall be liable to the penalties provided in section 
41.
    The sale of alcoholic liquor without a permit issued under the 
provisions of this Code in any premises located on the Reservation 
shall be unlawful. Any association or organization without such a 
permit, who sells or permits to be sold, to or by its members, guests 
or other persons, any alcoholic liquor shall be subject to the 
penalties provided in section 41.

Section 29. Unsuitable Persons Prohibited from Having Financial 
Interest in Permit Businesses; Employment of Minors

    No person who is declared to be an unsuitable person to hold a 
permit to sell alcoholic liquor shall be allowed to have a financial 
interest in any such permit business.
    Any person over age eighteen may be employed by an employer holding 
a permit issued under this Code. A minor performing paid or volunteer 
services of an emergency nature shall be deemed to be an employee 
subject to the provisions of this section.

Section 30. Sales to Minors; Intoxicated Persons and Drunkards; 
Exceptions

    Any permittee who, by himself, his servant or agent, sells or 
delivers alcoholic liquor to any minor, or to any intoxicated person, 
or to any habitual drunkard, knowing him to be such an habitual 
drunkard, shall be subject to the penalties of section 41. Any person 
who delivers or gives any such liquors to such minor, except on the 
order of a practicing physician, shall be fined not more than one 
thousand five hundred dollars ($1,500.00). The provisions of this 
section shall not apply to:
    (1) A sale or delivery made to a person over age eighteen who is an 
employee pursuant to section 29 and where such sale or delivery is made 
in the course of such person's employment or business;
    (2) a sale or delivery made in good faith to a minor who practices 
any deceit in the procurement of an identity card, who uses or exhibits 
any such identity card belonging to any other person or who uses or 
exhibits any such identity card which has been altered or tampered with 
in any way; or
    (3) a delivery made to a minor by a parent, guardian or spouse of 
the minor, provided such parent, guardian or spouse has attained the 
age of twenty-one and provided such minor possesses such alcoholic 
liquor while accompanied by such parent, guardian or spouse.

Section 31. Statement from Purchaser as to Age

    For the purposes of section 30, any permittee shall require any 
person whose age is in question to fill out and sign a statement in the 
following form on one occasion when each such person makes a purchase:
----------------------------------------------------------------------

(MM/DD) , (YYYY)
    I, ________, hereby represent to ________, a liquor permittee of 
the Mashantucket Pequot Land Use Commission, that I am over the age 
of 21 years, having been born on
----------------------------------------------------------------------
    (MM/DD) , (YYYY),
at ________ (CITY, STATE) . This statement is made to induce said 
permittee to sell or otherwise furnish alcoholic beverages to the 
undersigned. I understand that The Mashantucket Pequot Tribe Liquor 
Control Code along with Title 30 of the Connecticut

[[Page 56572]]

General Statutes both prohibit the sale of alcoholic liquor to any 
person who is not twenty-one years of age.
    I understand that I am subject to a fine of one hundred dollars 
for the first offense and not more than two hundred fifty dollars 
for each subsequent offense for willfully misrepresenting my age for 
the purposes set forth in this statement.
    ________(Name) ________(Address)

    Such statement once taken shall be applicable both to the 
particular sale in connection with which such statement was taken, as 
well as to all future sales at the same premises, and shall have full 
force and effect under subsection (b) as to every subsequent sale or 
purchase. Such statement shall be printed upon appropriate forms to be 
furnished by the permittee and approved by the Commissioner and shall 
be kept on file on the permit premises, alphabetically indexed, in a 
suitable file box, and shall be open to inspection by the Commissioner 
or any of its agents at any reasonable time. Any person who makes any 
false statement on a form signed by him as required by this section 
shall be fined not more than One Hundred Dollars ($100.00) for the 
first offense and not more than Two Hundred Fifty Dollars ($250.00) for 
each subsequent offense.
    In any case where such a statement has been procured and the 
permittee is subsequently charged with serving or furnishing alcoholic 
beverages to a minor, if such permittee, in proceedings before the 
Commission, introduces such statement in evidence and shows that the 
evidence presented to him to establish the age of the purchaser was 
such as would convince a reasonable man, no penalty shall be imposed on 
such permittee.

Section 32. Inducing Minors to Procure Liquor; Exception

    Any person who, for any purpose, induces any minor to procure 
alcoholic liquor from any person permitted to sell the same shall be 
subject to the penalties prescribed in section 41. The provisions of 
this section shall not apply to the procurement of liquor by a person 
over age eighteen who is an employee or permit holder under section 29 
where such procurement is made in the course of such person's 
employment or business.

Section 33. Operator's License as Proof of Age; Misrepresentation of 
Age to Procure Liquor

    Each person who attains the age of twenty-one years and has a motor 
vehicle or motorcycle operator's license, containing a full-face 
photograph of such person, may use and each permittee may accept such 
license as legal proof of the age of the licensee for the purposes of 
this Code. Any person who misrepresents his age or uses or exhibits, 
for the purpose of procuring alcoholic liquor, an operator's license 
belonging to any other person, shall be fined not less than two hundred 
nor more than Five Hundred Dollars ($500.00).

Section 34. Procuring Liquor by Person Forbidden to Purchase or by 
False Statement, Public Possession of Liquor by Minors Prohibited; 
Exceptions

    Any person to whom the sale of alcoholic liquor is by law forbidden 
who purchases or attempts to purchase such liquor or who makes any 
false statement for the purpose of procuring such liquor shall be fined 
not less than two hundred nor more than Five Hundred Dollars ($500.00).
    Any minor who possesses any alcoholic liquor in any public place or 
place open to the tribal community, including any club which is open to 
the public, shall be fined not less than two hundred nor more than Five 
Hundred Dollars ($500.00). The provisions of this subsection shall not 
apply to:
    (1) A person over age eighteen who is an employee pursuant to 
section 29 and who possesses alcoholic liquor in the course of his 
employment or business;
    (2) a minor who possesses alcoholic liquor on the order of a 
practicing physician; or
    (3) a minor who possesses alcoholic liquor while accompanied by a 
parent, guardian or spouse, who has attained the age of twenty-one.

Section 35. Loitering on Permit Premises

    Any permittee who, by himself, his servant or agent, permits any 
minor or any person to whom the sale or gift of alcoholic liquor has 
been forbidden according to law to loiter on his premises where such 
liquor is kept for sale, or allows any minor other than a person over 
age eighteen who is an employee pursuant to section 29 or a minor 
accompanied by his parent or guardian, to be in any room where 
alcoholic liquor is served at any bar, shall be subject to the 
penalties of section 41.

Section 36. Hours and Days of Closing

    The sale or the dispensing or consumption or the presence in 
glasses or other receptacles suitable to permit the consumption of 
alcoholic liquor by an individual in places operating a permit issued 
by the Commission shall be unlawful on:
    (1) Monday, Tuesday, Wednesday, Thursday and Friday between the 
hours of 1 a.m. and 9 a.m.;
    (2) Saturday between the hours of 2 a.m. and 9 a.m.;
    (3) Sunday between the hours of 2 a.m. and 11 a.m.;
    (4) Christmas, except for alcoholic liquor that is served with hot 
meals during the hours otherwise permitted by this section for the day 
on which Christmas falls; and
    (5) January 1st between the hours of 3 a.m. and 9 a.m., except that 
on any Sunday that is January 1st the prohibitions of this section 
shall be between the hours of 3 a.m. and 11 a.m.
    The Tribal Council may, by vote of a tribal meeting or by 
ordinance, reduce the number of hours during which sales shall be 
permissible, such action shall become effective on the first day of the 
month succeeding such action;
    Nothing in this section shall be construed to require any permittee 
to continue the sale or dispensing of alcoholic liquor until the 
closing hour established under this section.

Section 37. Bottle Size; Prohibition Against Sale of Certain Size

    No alcoholic liquor, except wine, shall be sold or offered for sale 
on the Reservation in one hundred-milliliter containers or bottles.

Section 38. Containers to be Sealed

    Alcoholic liquors, except beer, cider, wine and cordials shall be 
purchased by the holders thereof in sealed bottles or containers and 
poured for sale and consumption from the original bottles or 
containers. No such bottle or container shall be refilled in whole or 
in part.

Section 39. Gifts, Loans and Discounts Prohibited Between Permittees 
Tie-In Sales

    No permittee or group of permittees licensed under the provisions 
of this Ordinance in transaction with another permittee or group of 
permittees shall directly or indirectly offer, furnish or receive any 
free goods, gratuities, gifts, prizes, coupons, premiums, combination 
items, quantity prices, cash returns, loans, discounts, guarantees, 
inducements or special prices, or other inducements with the sale of 
alcoholic beverages or liquors. No permittee shall require any 
purchaser to accept additional alcoholic liquors in order to make a 
purchase of any other alcoholic liquor.

Section 40. Liquor Seller Liable for Damage by Intoxicated Person

    If any person, by himself or his agent, sells any alcoholic liquor 
to an

[[Page 56573]]

intoxicated person on the Reservation, and such purchaser, in 
consequence of such intoxication, thereafter injures the person or 
property of another whether within or without the Reservation, such 
seller shall pay just damages to the person injured, up to the amount 
of Twenty Five Thousand Dollars ($25,000.00), or to persons injured in 
consequence of such intoxication up to an aggregate amount of Fifty 
Thousand Dollars ($50,000.00), to be recovered in an action under this 
section, provided the aggrieved person or persons shall give written 
notice to such seller within 60 days of the occurrence of such injury 
to person or property of his or their intention to bring an action 
under this section. In computing such 60-day period, the time between 
the death or incapacity of any aggrieved person and the appointment of 
an executor, administrator, conservator or guardian of his estate shall 
be excluded, except that the time so excluded shall not exceed 120 
days. Such notice shall specify the time, the date and the person to 
whom such sale was made, the name and address of the person injured or 
whose property was damaged, and the time, date and place where the 
injury to person or property occurred. No action under the provisions 
of this section shall be brought but within one year from the date of 
the act or omission complained of.
    The Tribe hereby expressly waives its sovereign immunity from suits 
in the Tribal Court for actions brought pursuant to this section 
founded upon an action of the Tribe, a tribal enterprise or 
institution, or their agents, servants, or employees acting within the 
scope of their authority, and nothing herein shall be construed to 
waive the sovereign immunity of the Tribe to the extent that sovereign 
immunity would be applicable to such individual and such sovereign 
immunity is waived only for purposes of an action against the Tribe as 
specifically authorized pursuant to this section. Any action brought 
pursuant to this section shall name the backer as the party defendant, 
and there shall be no separate cause of action existing against an 
agent servant or employee of the Tribe, a tribal enterprise, or 
institution, when acting within the scope of their authority.
    The Tribal Court is hereby authorized and shall have jurisdiction 
over all actions brought pursuant to this section.

Section 41. Penalties

    Any person found by the Commission to have violated any provision 
of this Code for which a specified penalty is not imposed, shall, for 
each offense, be fined not more than One Thousand Dollars ($1,000.00) 
and may be referred to the State Department of Consumer Protection, 
Liquor Division.

Section 42. Recognition of State Permits and Licenses

    The Commissioner may recognize a valid Connecticut State Liquor 
Permit as a Tribal Liquor Permit upon review of the permit and the 
application submitted to the State Department of Consumer Protection, 
Liquor Division, provided that the type of permit sought is one 
provided for in this Code.

[FR Doc. 01-28012 Filed 11-7-01; 8:45 am]
BILLING CODE 4310-02-P