[Federal Register Volume 68, Number 104 (Friday, May 30, 2003)]
[Notices]
[Pages 32541-32544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13472]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Mohegan Tribe of Indians of Connecticut Liquor Control Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Mohegan Tribe of Indians of 
Connecticut Liquor Control Code. The Code regulates and controls the 
possession, sale and consumption of liquor within the boundaries of the 
Mohegan Indian Reservation, in conformity with the laws of the State of 
Connecticut where applicable and necessary. Although the Code was 
adopted on April 11, 2000, it does not become effective until approved 
by the Department of the Interior and published in the Federal Register 
because failure to comply with the Code may result in criminal charges.

EFFECTIVE DATE: This Code is effective on May 30, 2003.

FOR FURTHER INFORMATION CONTACT: Duane Bird Bear, Office of Tribal 
Services, 1849 C Street, NW., MS 320-SIB, Washington, DC 20240-4001; 
Telephone (202) 513-7641.

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 adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Mohegan Tribe of Indians of 
Connecticut Liquor Code, Resolution No. 2000-05, was duly adopted by 
the

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Mohegan Tribal Council on April 11, 2000. The Mohegan Tribe of Indians 
of Connecticut enacted this ordinance for the purpose of regulating and 
controlling the possession and sale of liquor on the lands of the 
Mohegan Tribe. The ordinance governing liquor possession and sale on 
the lands of the Mohegan Tribe will increase the ability of the tribal 
government to control reservation liquor distribution and possession, 
and at the same time will provide an important source of revenue for 
the continued operation and strengthening of the tribal government and 
the delivery of tribal government services.
    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 Resolution No. 2000-05, the Mohegan Tribe of Indians 
of Connecticut Liquor Control Code, was duly adopted by the Mohegan 
Tribe of Indians on April 11, 2000.

    Dated: May 16, 2003.
Aurene M. Martin,
Assistant Secretary--Indian Affairs.

    The Mohegan Tribe of Indians of Connecticut Liquor Control Code, 
Ordinance No. 2000-05, reads as follows:

The Mohegan Tribe of Indians of Connecticut Liquor Control Code

Section I. Title

    This Code shall be known as ``The Mohegan Tribe Liquor Control 
Code.''

Section II. Purpose and Authority

    The purpose of this Code is to regulate and control the possession, 
sale and consumption of liquor within the boundaries of the Mohegan 
Indian Reservation. This Code is enacted pursuant to the Act of August 
15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161). Authority for 
enactment is derived from Article IX, Section 2 (l), (n), and (p) of 
the Constitution of The Mohegan Tribe. The enactment of a tribal code 
governing liquor sales on the Mohegan Indian Reservation and other 
lands subject to the Tribe's jurisdiction will enhance the ability of 
the tribal government to control possession, sale and consumption of 
liquor within the boundaries of the Reservation. This Code is enacted 
in conjunction with the laws of the State of Connecticut applicable to 
the sale or distribution of alcoholic beverages, which apply to the 
service of alcoholic beverages within any gaming facility of the Tribe 
by virtue of the State of Connecticut--Mohegan Tribe Gaming Compact.

Section III. Definitions

    The following words and phrases shall have the following meanings:
    a. Alcohol means the product of distillation of any fermented 
liquid, rectified either once or more often, whatever may be the origin 
thereof, and includes synthetic ethyl alcohol which is considered 
nonpotable.
    b. Alcoholic liquor or alcoholic beverage includes the four 
varieties of liquor: alcohol, beer, spirits, and wine--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 liquid 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, wine and beer, except as provided in the definition of 
``wine'' below. The provisions of this chapter shall not apply to any 
liquid or solid containing less than one-half of 1 percent of alcohol 
by volume.
    c. Bar means any establishment with special space and 
accommodations for sale by the glass for consumption on the premises of 
any liquor or alcoholic beverage, as herein defined.
    d. Beer means any beverage obtained by the alcoholic fermentation 
of an infusion or decoction of barley, malt and hops in drinking water.
    e. Commission means the Mohegan Tribal Gaming Commission.
    f. Malt Liquor means beer, ale, stout, and porter.
    g. MTGA means the Mohegan Tribal Gaming Authority.
    h. Reservation means all lands taken into trust for the Mohegan 
Tribe pursuant to the Mohegan Land Claims Settlement Act, 25 U.S.C. 
1775, and any additional lands added to the Mohegan Reservation 
pursuant to any other applicable federal law.
    i. Sale or Sell means the transfer, exchange or barter, by any 
means whatsoever, for a consideration, by any person, association, 
partnership, or corporation, of liquor or beer products.
    j. Spirits mean any beverage that contains alcohol obtained by 
distillation mixed with drinkable water and other substances in 
solution, including brandy, rum, whiskey and gin.
    k. State means the State of Connecticut.
    l. Tribe means The Mohegan Tribe of Indians of Connecticut.
    m. Tribal Council means the Tribal Council of The Mohegan Tribe of 
Indians of Connecticut.
    n. Wholesale Price means the established price for which liquor and 
beer products are sold for resale on the Reservation by the 
manufacturers or distributor, exclusive of any discount or other 
reduction.
    o. 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 IV. Powers of Enforcement

    a. The Mohegan Tribal Gaming Commission is hereby delegated primary 
regulatory authority over the subject matter of this Code. The 
Commission shall have the following powers and duties:
    1. To establish, publish and enforce rules and regulations 
governing the sale, manufacture, and distribution of liquor on the 
Reservation. Such rules and regulations shall be at least as stringent 
as the rules and regulations of the State of Connecticut and shall be 
approved by the Tribal Council prior to taking effect;
    2. To employ managers, accountants, security personnel, inspectors, 
and other such persons as may be reasonably necessary to allow the 
Commission to perform its functions;
    3. To issue licenses permitting the manufacture, sale and 
distribution of liquor on the Reservation;
    4. To hold hearings on violations of this Code or for the issuance 
or revocation of licenses hereunder;
    5. To bring suit to enforce this Code as necessary;
    6. To determine penalties for violations of this Code;
    7. To make such reports as may be required;
    8. To collect fees levied or set in relation to this Code and keep 
accurate records, books and accounts; and
    9. To exercise such other powers as is necessary and appropriate to 
fulfill the purposes of this Code.
    b. The Commission shall have the authority to authorize the sale of 
liquor only on those areas of the Reservation that have been approved 
by the Tribal Council.

Section V. Limitation of Powers

    In the exercise of its powers and duties under this Code, the 
Commission and its individual members shall not accept gratuity, 
compensation, or other things of value from any liquor producer, 
wholesaler, retailer, or distributor or from any liquor licensee.

Section VI. Inspection Rights

    The premises upon which liquor is sold or distributed shall be open 
to inspection by the Commission during

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all hours of operation for the purposes of ascertaining compliance with 
this Code.

Section VII. Sales of Liquor

    a. Tribal Liquor License Required. No sale of any alcoholic 
beverage shall be made on the Reservation without a tribal liquor 
license.
    b. Sales for Cash. All liquor sales within the Reservation 
boundaries shall be on a cash or cash equivalent basis, including the 
use of ATM cards, debit cards, Mohegan Sun Players Club Cards, checks 
or major credit cards.
    c. Sales for Personal Consumption. All sales shall be for the 
personal use and consumption by the purchaser. Resale of any alcoholic 
beverage purchased within the exterior boundaries of the Reservation is 
prohibited. Any person who is not licensed pursuant to this Code who 
purchases an alcoholic beverage within the boundaries of the 
Reservation and sells it, whether in the original container or not, 
shall be guilty of a violation of this Code and shall be subject to a 
fine under this Code.

Section VIII. Licensing

    a. Tribal Liquor License Requirements. No license shall be issued 
under this Code except upon a sworn application filed with the 
Commission containing a full and complete showing of the following:
    1. Satisfactory proof that the applicant is duly licensed by the 
State to sell alcoholic beverages.
    2. Satisfactory completion of a background investigation including 
but not limited to a determination that the applicant is of good 
character and reputation and that the applicant is financially 
responsible.
    3. The description and location of the premises in which the 
alcoholic beverages are to be sold and proof that the applicant is 
entitled to use such premises for such purposes for the duration of the 
time period of the license.
    4. Agreement by the applicant to accept and abide by all conditions 
of the license.
    5. Payment of a fee established by the Commission.
    6. Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any principal owner, officer, shareholder, or 
director of the applicant, has ever been convicted of a felony or a 
crime of moral turpitude as defined by the laws of the State.

Section IX. Processing Applications for Tribal Liquor License

    The Commission will consider the merits of applications for liquor 
licenses based on the following factors:
    (1) whether the requirements of Section VIII have been met; and
    (2) whether granting the license is in the best interests of the 
Tribe.
    No member of the Commission shall be a part of the decision making 
process if an application is submitted by a Commission member or any 
person in the immediate family of a Commission member.

Section X. Temporary Permits

    The Commission may grant a temporary permit for the sale of liquor, 
in any form, for a period not to exceed 3 days to any persons applying 
for the same in connection with a tribal or community activity, 
provided that the conditions prescribed in Section XI of this Code 
shall be observed by the permittee. Each permit issued shall specify 
the types of alcoholic beverages to be sold, the time, date and 
location permitted. A fee, as set by the Commission, will be assessed 
on temporary permits.

Section XI. Conditions of the Tribal License

    a. Any license issued under this Code shall be subject to such 
reasonable conditions, as the Commission shall fix, including, but not 
limited to the following:
    1. The license shall be for a term not to exceed 2 years.
    2. The licensee shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    3. The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during regular business hours.
    4. Alcoholic beverages shall be sold, served, disposed of, 
delivered or given to any person, and consumed on the licensed premises 
in conformity with the hours and days prescribed by the laws of the 
State, and in accordance with the hours fixed by the Commission.
    5. All acts and transactions under authority of a liquor license 
shall be in conformity with State and federal law, and shall be in 
accordance with this Code and any license issued pursuant to this Code.
    6. No person under the age permitted under the laws of the State 
(21 years) shall be sold, served, delivered, given, or allowed to 
consume alcoholic beverages.
    7. There shall be no discrimination in the operations under the 
license by reason of race, color, or creed.

Section XII. License Not a Property Right

    Notwithstanding any other provision of this Code, a liquor license 
is a mere permit for a fixed duration of time. A liquor license shall 
not be deemed a property right or vested right of any kind, nor shall 
the granting of a liquor license give rise to a presumption of legal 
entitlement to the granting of such license for a subsequent time 
period.

Section XIII. Assignment or Transfer

    No license issued under this Code shall be assigned or transferred 
without the written approval of the Commission expressed in a formal 
resolution.

Section XIV. Rules, Regulations, and Enforcement

    a. Sale or possession with intent to sell without a permit. Any 
person who shall sell or offer for sale or distribute or transport in 
any manner, any liquor in violation of this Code, or who shall operate 
or shall have liquor in his possession with intent to sell or 
distribute without a license or permit shall be guilty of a violation 
of this Code.
    b. Purchases from other than licensed or allowed facilities. Any 
person who, within the boundaries of the Reservation, buys liquor from 
any person other than a licensed facility shall be guilty of a 
violation of this Liquor Code.
    c. Consumption or possession of Liquor by persons under 21 years of 
age. No person under the age of 21 years shall consume, acquire or have 
in his or her possession any liquor. No person shall permit any other 
person under the age of 21 years to consume liquor on his premises or 
any premises under his control except in those situations set out in 
this Section. Any person violating this Section shall be guilty of a 
separate violation of this Code for each and every alcoholic beverage.
    d. Sales of Liquor to persons under 21 years of age. Any person who 
shall sell or provide liquor to any person under the age of 21 years 
shall be guilty of a violation of this Code for every sale or drink 
provided.
    e. Transfer of identification to a minor. Any person who transfers 
in any manner an identification of age to a minor for the purpose of 
permitting such minor to obtain liquor shall be guilty of an offense; 
provided, that corroborative testimony of a witness other than the 
minor shall be a

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requirement of finding a violation of this Code.
    f. Use of False or Altered Identification. Any person who attempts 
to purchase an alcoholic beverage through the use of a false or altered 
identification shall be guilty of violating this Code.
    g. Acceptable Identification. Where there may be a question of a 
person's right to purchase liquor by reason of his or her age, such 
person shall be required to present any one of the following cards of 
identification which shows his or her correct age and bears his or her 
signature and photograph: (1) A driver's license of any state or 
identification card issued by any state department of motor vehicles; 
(2) United States active duty military ID; (3) a passport; or (4) a 
Mohegan tribal identification card or other recognized tribal 
identification card.
    h. Violations of this Liquor Code. Any person guilty of a violation 
of this Code shall be liable to pay the Tribe a civil fine not to 
exceed $500 per violation as civil damages to defray the Tribe's cost 
of enforcement of this Code. In addition to any fine so imposed, any 
license or permit issued hereunder may be suspended or canceled by the 
Commission for the violation of any of the provisions of this Code, or 
of the license or permit, upon hearing before the Commission. The 
decision of the Commission shall be final and no appeal therefrom shall 
be allowed. The Commission shall grant all persons in any hearing 
regarding violations, fine, or license suspensions under this Code all 
the rights and due process granted by the Indian Civil Rights Act, 25 
U.S.C. 1302, et seq. Notice of a Commission hearing regarding an 
alleged violation of this Code shall be given to the affected 
individual(s) or entity(ies) by certified mail at least 10 days in 
advance of the hearing. The notice will be delivered in person or by 
certified mail with the Commission retaining proof of service. The 
notice will set out the rights of the alleged violator, including but 
not limited to the right to an attorney to represent the alleged 
violator, the right to speak and to present witnesses and to cross-
examine any witnesses against them.
    i. Possession of Liquor Contrary to this Liquor Code. Beverages 
containing alcoholic liquor which are possessed contrary to the terms 
of this Code are declared to be contraband. Any tribal agent, employee, 
or officer who is authorized by the Commission to enforce this Section 
shall have the authority to, and shall, seize all contraband.
    j. Disposition of Seized Contraband. Any officer seizing contraband 
shall preserve the contraband in accordance with applicable Tribal and 
State law. Upon being found in violation of this Code by the 
Commission, the party shall forfeit all right, title and interest in 
the items seized which shall become the property of the Tribe.

Section XV. Profits

    a. Disposition of Proceeds. The gross proceeds collected by the 
Commission from licensing shall be distributed as follows:
    1. For the payment of all necessary personnel, administrative 
costs, and legal fees for the administration of the provisions of this 
Code.
    2. The remainder shall be turned over to the account of the Mohegan 
Tribe of Indians of Connecticut.

Section XVI. Severability

    If a court of competent jurisdiction invalidates any part of this 
Code, all valid parts that are severable from the invalid part shall 
remain in effect. If a part of this Code is invalid in one or more of 
its applications, that part shall remain in effect in all valid 
applications that are severable from the invalid applications.

Section XVII. Sovereign Immunity

    Nothing contained in this Code is intended to nor does in any way 
limit, alter, restrict, or waive the Tribe's sovereign immunity.

Section XVIII. Effective Date

    The Mohegan Tribe hereby approves The Mohegan Tribe of Indians of 
Connecticut Liquor Control Code. Dated the 11th day of April 2000 at 
Uncasville, Connecticut.

[FR Doc. 03-13472 Filed 5-29-03; 8:45 am]
BILLING CODE 4310-4J-P