[Federal Register Volume 68, Number 19 (Wednesday, January 29, 2003)]
[Notices]
[Pages 4511-4513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2083]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Ho-Chunk Nation Alcohol Beverage Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Ho-Chunk Nation Alcohol Beverage
Control Ordinance. The Ordinance regulates the control, possession, and
sale of liquor on the Ho-Chunk Nation trust lands, to
[[Page 4512]]
be in conformity with the laws of the State of Wisconsin, where
applicable and necessary. Although the Ordinance was adopted on August
6, 2002, it does not become effective until published in the Federal
Register because the failure to comply with the ordinance may result in
criminal charges.
EFFECTIVE DATE: This Ordinance is effective on January 29, 2003.
FOR FURTHER INFORMATION CONTACT: Iris Drew, Office of Tribal Services,
1951 Constitution Avenue NW., MS 320-SIB, Washington, DC 20245;
Telephone (202) 513-7628.
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
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 Ho-Chunk Nation Alcohol Beverage
Control Ordinance, Resolution No. 8-6-02 F, was duly adopted by the Ho-
Chunk Nation Legislature on August 6, 2002. The Ho-Chunk Nation, 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
within the Ho-Chunk Nation.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs by 209 Departmental Manual 8.1.
I certify that by Resolution No. 8-6-02 F, the Ho-Chunk Nation
Alcohol Beverage Control Ordinance was duly adopted by the Ho-Chunk
Nation Legislature on August 6, 2002.
Dated: January 17, 2003.
Aurene M. Martin,
Assistant Secretary--Indian Affairs.
The Ho-Chunk Nation Alcohol Beverage Control Ordinance, Resolution
No. 8-6-02 F, reads as follows:
Ho-Chunk Nation Code (HCC)
Title 5--Business and Finance Code
Section 4--Alcohol Beverage Control Ordinance Enacted by Legislature:
August 6, 2002
This Ordinance supersedes the Liquor Control Ordinance enacted by
the Wisconsin Winnebago Business Committee Resolution 6/25/93D.
1. Authority.
a. Article V, Section 2(a) of the Constitution grants the
Legislature the power to make laws, including codes, ordinances,
resolutions, and statutes.
b. Article V, Section 2(h) of the Constitution grants the
Legislature the power to enact all laws prohibiting and regulating
conduct and imposing penalties upon all persons within the jurisdiction
of the Nation.
c. Article V, Section 2(s) of the Constitution grants the
Legislature the power to promote public health, education, charity, and
such other services as may contribute to the social advancement of the
members of the Ho-Chunk Nation.
d. Article V, Section 2(t) of the Constitution grants the
Legislature the power to enact laws governing law enforcement on lands
within the jurisdiction of the Nation.
2. Purpose. This Ordinance provides for the uniform regulation of
the sale of intoxicating liquor, wine, and beer within the Ho-Chunk
Nation on lands under the jurisdiction of the Nation.
3. Policy.
a. The sale, possession, and consumption of alcohol beverages on
the Nation's lands will be strictly regulated in accordance with the
provisions of this Ordinance and applicable sections of Chapter 125,
Wisconsin Statutes.
b. No person under the age of 21 years shall purchase or have in
his or her possession alcoholic beverages on Ho-Chunk land.
4. Definitions. Terms used in this Ordinance have the following
meaning:
a. Beer. A fermented malt beverage made by alcohol fermentation of
barley malt and hops containing 0.5% or more of alcohol by volume.
b. Department. The Ho-Chunk Nation Department of Business.
c. Intoxicating Beverage. Any intoxicating liquor, wine, or beer.
d. Intoxicating Liquor. All ardent, spirituous, distilled or vinous
liquors, which are beverages and contain 0.5% or more of alcohol by
volume.
e. Wine. Products and beverages obtained from the normal
fermentation of the juice or must of grapes, other fruits, or other
agricultural products, if such product or beverage contains 0.5% or
more of alcohol by volume.
3. Application for License.
a. An application for a license to sell intoxicating beverages
shall be submitted to the Nation's Department of Business. The
application shall contain the following information:
(1) The name(s) of the individual and organization applying for the
license;
(2) the address and telephone numbers of the applicant(s);
(3) the location, to include building and/or address, where the
applicant will sell the intoxication beverages; and
(4) a copy of the local municipality (town, village, or city)
license to sell intoxicating beverages.
b. The Department may reject any application for a license under
this Ordinance if applicant has previously committed acts that would be
in violation of this Ordinance or if an applicant has had a license
revoked.
c. Application Fee. A non-refundable initial application fee will
be established by the Department of Business and must be submitted with
the initial application for license.
4. Issuance of License.
a. The Department of Business shall issue a license for the sale of
intoxicating beverages if, on the basis of the information provided in
the application or on additional information relevant by the
Department, such issuance is in the interest of the Nation.
b. Licenses shall contain the following requirements.
(1) Each license shall require its holder to conform to the laws of
the State of Wisconsin that relate to the sale or possession of
intoxicating beverages.
(2) License Fee.
(a) The initial license fee shall be established and charged by the
Department of Business.
(b) The annual license renewal fee shall be established and charged
by the Department of Business.
(3) No license shall be effective for a term of more than one (1)
year from the date of issuance. Each annual renewal shall be subject to
the same requirements that apply to the initial issuance of a license.
(4) Each license shall explicitly state that its continued validity
is dependent upon the compliance of its holder with all the provisions
of this Ordinance and of the laws of the State of Wisconsin that relate
to the sale and/or possession of intoxicating beverages.
5. Suspension or Revocation of License. The Department shall have
the authority to suspend or revoke any license issued under this
Ordinance.
a. Upon finding or receiving information that a holder of a license
has violated the terms of the license or applicable law, the Department
shall provide the license holder written notice that the Department
intends to suspend or revoke the holder's license. The notice shall
specify the grounds for the proposed suspension or revocation. Such
notice shall be sent by certified mail, return receipt requested.
b. Hearing. A license holder upon receipt of the notice to suspend
or revoke may, within seven (7) calendar days of receipt, submit a
written request for a hearing to the Executive Director of the
Department of Business.
[[Page 4513]]
(1) The President shall convene a Commission consisting of the
Executive Director of Business and two (2) other non-interested
Executive Directors to hear the license holder's case for not
suspending or revoking his or her license. Such hearing will be held
within thirty (30) days of receipt by the Department of Business of the
request for a hearing.
(2) The license holder shall be permitted to present evidence to
the Commission with respect to her or his compliance with this
Ordinance and other applicable law.
(3) The Commission shall make a decision considering such evidence
it deems relevant. The decision to suspend/revoke the license or
dismiss the complaint shall be issued within three (3) days following
the hearing.
(4) A decision to either suspend or revoke the holder's license
shall take effect immediately at the close of the business day of the
decision.
(5) The decision by the Commission shall be final.
6. Approval. This Ordinance shall be effective upon certification
by the Assistant Secretary--Indian Affairs, Department of the Interior,
and publication in the Federal Register.
[FR Doc. 03-2083 Filed 1-28-03; 8:45 am]
BILLING CODE 4310-4J-P