[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1458-1460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-321]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Forest County Potawatomi Community--Sale and Consumption of 
Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Forest County Potawatomi Community 
Liquor Control Ordinance. The Ordinance regulates and controls the 
possession, sale and consumption of liquor within the Forest County 
Potawatomi Community. The land is located on trust land and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within the Forest County Potawatomi Community and will increase the 
ability of the tribal government to control the Community's 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 
services.

DATES: Effective Date: This Act is effective on January 7, 2005.

FOR FURTHER INFORMATION CONTACT: De Springer, Regional Tribal 
Operations Officer, Bureau of Indian Affairs, Midwest Regional Office, 
Bishop Henry Whipple Federal Building, One Federal Drive, Room 550, Ft. 
Snelling, MN 55111, Phone (612) 713-4400, ext 1125, Fax (612) 713-4401; 
or Ralph Gonzales, Office of Tribal Services, 1951 Constitution Avenue, 
NW., MS-320-SIB, Washington, DC 20240; Telephone (202) 513-7629.

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 Forest County Potawatomi Community 
adopted its Ordinance by Resolution No. GC 004-91 on December 14, 1991. 
The purpose of this Ordinance is to govern the sale, possession and

[[Page 1459]]

distribution of alcohol within the Forest County Potawatomi Community.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs.
    I certify that this Liquor Ordinance, of the Forest County 
Potawatomi Community, was duly adopted by Resolution No. GC 004-91 on 
December 14, 1991.

    Dated: December 23, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.

    The Forest County Potawatomi Community Liquor Ordinance reads as 
follows:

Liquor Ordinance
Adopted 12/14/91

Liquor Control Ordinance

Forest County Potawatomi Community of Wisconsin

    Whereas, Public Law 277, 83rd Congress, 1st Session, approved 
August 15, 1953 and codified at sec. 1161 of Title 18, United States 
Code, provides that Sections 1154, 1156, 3113, 3488, 3618 of Title 
18 of the United States Code shall not apply within any area that is 
not Indian Country, nor to any act or transaction within any area of 
Indian Country, provided such act or transaction is in conformity 
both with the laws of the State in which such act or transaction 
occurs and with an ordinance duly adopted by the Tribe having 
jurisdiction over such area of Indian Country, certified by the 
Secretary of the Interior, and published in the Federal Register; 
and
    Whereas, it is the desire of the General Council of the Forest 
County Potawatomi Community of Wisconsin to adopt a Liquor Control 
Ordinance in the Indian Country that lies within the jurisdiction of 
the Community, and
    Whereas, the General Council of the Forest County Potawatomi 
Community of Wisconsin has the authority to adopt ordinances 
regulating liquor in the Indian Country that lies within the 
jurisdiction of the Community, by virtue of the provisions of 
Article IV, section 1(d) of the Constitution of the Forest County 
Potawatomi Community of Wisconsin, adopted June 5, 1982;
    Now therefore be it resolved that the General Council of the 
Forest County Potawatomi Community of Wisconsin authorizes the 
issuance of licenses for on-premises sale of alcohol beverages 
within the Indian Country that lies within the jurisdiction of the 
Community, provided:

1. Licenses

    A. Licenses for the sale of alcohol beverages may be issued only 
for sale of such beverages on the premises of businesses owned and 
regulated by the Forest County Potawatomi Community.
    B. Licenses issued to businesses owned by the Forest County 
Potawatomi Community for the sale of alcohol shall be issued by the 
Executive Council of the Community, upon receipt by the Executive 
Council of a proper application containing the following 
information:
    (1) The name of the entity that regulates the Community business 
at which the sale of alcohol beverages would take place. Such entity 
shall be the license applicant. No individual or private entity may 
apply for or receive a license under this Ordinance.
    (2) A copy of the Community ordinance or resolution under which 
the applicant entity is organized.
    (3) A description of the land or building owned by the Community 
and regulated by the applicant entity at which the applicant entity 
wishes to sell alcohol beverages.
    (4) A statement that the applicant entity will conform to all 
requirements of applicable Tribal, State and Federal law, as they 
relate to the purchase and sale of alcohol beverages.
    C. Upon receipt of a proper application under this Ordinance, 
licenses for sale of alcohol beverages may be issued by the 
Executive Council of the Community to a Tribal entity of the 
Community if the Executive Council finds, in its sound discretion, 
on the basis of the facts disclosed by the application and by such 
additional information as the Executive Council may deem relevant, 
that such issuance is in the interest of the Community.
    D. Licenses for the sale of alcohol beverages issued by the 
Executive Council shall contain the following requirements:
    (1) Each license shall require its holder to conform its 
operations to the laws of the Community, the State of Wisconsin and 
the United States of America.
    (2) No license shall be effective for a term of more than one 
year from the date of its issuance, and each renewal thereof shall 
be subject to the same procedures that apply to the initial issuance 
of a license.
    (3) 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 other applicable law.
    E. The Executive Council of the Community shall have the 
authority to suspend or revoke any license issued under this 
Ordinance, under the following procedures:
    (1) Upon receiving information suggesting that the holder of a 
license under this Ordinance may have violated the terms of the 
license or applicable law, the Executive Council shall give the 
license holder written notice that the Executive Council intends to 
suspend or revoke the holder's license. Such notice shall be sent by 
certified mail, return receipt requested, to the agent of the 
license holder and shall specify the grounds for the proposed 
suspension or revocation.
    (2) Any license holder who receives a notice of a proposed 
suspension or revocation may request a hearing by the Executive 
Council, by sending a written request therefor, certified mail, 
return receipt requested, to the Chairman of the Forest County 
Potawatomi Community, at the Community's Tribal Center, within seven 
(7) days of the license holder's receipt of the notice.
    (3) Upon receipt of a request for a hearing under this 
Ordinance, the Executive Council shall set a date for a hearing, 
which shall be not later than thirty days from the date of the 
receipt of the hearing request.
    (4) At a hearing held under this Ordinance, the holder of a 
license under this Ordinance shall be permitted to present evidence 
with respect to the holder's compliance with the terms of its 
license and applicable law. In reaching its decision, the Executive 
Council may consider such evidence, together with all other evidence 
it deems relevant. Following a hearing, if in the judgment of the 
Executive Council the license holder has not complied with the terms 
of its license and applicable law, the Executive Council shall 
suspend or revoke its license; and if in the judgment of the 
Executive Council the terms of the license and applicable law have 
been complied with, the proceedings shall be dismissed. In either 
case, the decision of the Executive Council shall be final.
    F. The Executive Council of the Forest County Potawatomi 
Community may reject any application for a license, or for a renewal 
of a license, under this Ordinance, if the applicant previously has 
committed acts which have resulted in the suspension or revocation 
of a license under this Ordinance.

2. Agent

    Any tribally owned entity licensed under this Ordinance shall 
appoint, subject to the approval and confirmation of the Tribal 
Executive Council, an agent who shall have full authority and 
control of the premises and of the conduct of all business on the 
premises relative to alcohol beverages. This person shall also be 
the person designated by Wis. Stats. sec. 125.04(6) requiring the 
appointment of agents.

3. Authority of the Tribal Executive Council

    A. The Tribal Executive Council, or any individual member 
thereof or any person acting with prior written authorization of the 
Tribal Executive Council may enter any premises licensed under this 
ordinance at any time to observe the activities taking place.
    B. Written authorization may be enacted at a closed session of 
the Tribal Executive Council and remain confidential until any 
report made by such person is before the Tribal Executive Council 
for action or until such person seeks to gain access to the premises 
of any Tribally licensed facility during normal closed hours in 
which case it shall be presented to the Manager on duty at the time, 
and said Manager shall immediately admit the person to the premises.
    C. Tribal Executive Council members do not need such written 
authorization and may enter any Tribally licensed facility at any 
time upon identifying themselves if such admission is sought during 
normal closed hours.

4. Separate Licenses for Each Facility

    Each tribally owned entity licensed under this Ordinance shall 
be required to file a separate application and hold a separate 
license for each facility it operates.

5. Transfer of Licenses Prohibited

    No license issued under this Ordinance may be transferred to any 
other entity or person.

[[Page 1460]]

6. State Law Applicable

    The Forest County Potawatomi Community recognizes the 
applicability of general State law governing the sales of alcohol 
beverages.

7. State Law Adopted

    The Forest County Potawatomi Community hereby adopts for purpose 
of Tribal enforcement against any entity licensed by the Tribe under 
this Ordinance that following provisions of Chapter 125 of the 
Wisconsin Statutes, as modified below:

125.02 Definitions. Except as otherwise provided, in this Ordinance:
125.02(1) ``Alcohol beverages'' means fermented malt beverages and 
intoxicating liquor. Wine defined below is included in this 
definition.
125.02(6) ``Fermented malt beverage'' means any beverage made by the 
alcohol fermentation of an infusion in potable water of barley malt 
and hops, with or without unmalted grains or decorticated and 
degerminated grains or sugar containing 0.5% or more alcohol by 
volume.
125.02(8) ``Intoxicating liquor'' means all ardent, spirituous, 
distilled or vinous liquors, liquids or compounds, whether 
medicated, proprietary, patented or not, and by whatever named 
called, containing 0.5% or more of alcohol by volume, which are 
beverages, but does not include ``fermented malt beverages'.
125.02(8m) ``Legal drinking age'' means 21 years of age.
125.02(14) ``Person'' means a natural person, sole proprietorship, 
partnership, corporation or association.
125.02(14m) ``Premises'' means the area described in a license.
125.02(17) ``Regulation'' means any rule adopted by the Tribal 
Executive Council or Ordinance adopted by the Tribal General 
Council.
125.02(20) ``Sell'', ``sold'', ``sale'' or ``selling'' means any 
transfer of alcohol beverages with consideration or any transfer 
without consideration if knowingly made for purposes of evading the 
law relating to the sale of alcohol beverages or any shift, devise, 
scheme or transaction for obtaining alcohol beverages, including the 
solicitation of orders for, or the sale for future delivery of, 
alcohol beverages.
125.02(20m) ``Underage person'' means a person who has not attained 
the legal drinking age.
125.02(22) ``Wine'' means products obtained from the normal alcohol 
fermentation of the juice or must of sound, ripe grapes, other 
fruits or other agricultural products, imitation wine, compounds 
sold as wine, vermouth, cider, perry, mead and sake, if such 
products contain 0.5% or more of alcohol by volume.
125.04(1) General licensing requirements. No person may sell, 
manufacture, rectify, brew or engage in any other activity for which 
this Ordinance provides a license without holding an appropriate 
license issued under this Ordinance.
125.04(2) Licenses issued in violation of this Ordinance. No license 
may be issued to any person except as provided in this Ordinance. 
Any license issued in violation of this ordinance is void.
125.04(10) License framed and posted. (a) Frame. Licenses for the 
sale of alcohol beverages, shall be enclosed in a frame having a 
transparent front which allows the license to be clearly read. (b) 
Display. All licenses shall be conspicuously displayed for public 
inspection at all times in the room or place where the activity 
subject to licensure is carried on.
125.07 Underage and intoxicated persons; presence on licensed 
premises; possession; penalties.
125.07(1) Restrictions.

    1. No person may procure for, sell, dispense or give away any 
alcohol beverages to any underage person not accompanied by his or 
her parent, guardian or spouse who has attained the legal drinking 
age.
    2. No licensee may sell, vend, deal or traffic in alcohol 
beverages to or with any underage person not accompanied by his or 
her parent, guardian or spouse who has attained the legal drinking 
age.
    3. No adult may knowingly permit or fail to take action to 
prevent the illegal consumption of alcohol beverages by an underage 
person on premises owned by the adult or under the adult's control.
    4. No adult may intentionally encourage or contribute to a 
violation of this section.

125.07(2) Sales of alcohol to intoxicated persons. Restrictions. 1. 
No person may procure for, sell, dispense or give away alcohol 
beverages to a person who is intoxicated. 2. No licensee or may 
sell, vend, deal or traffic in alcohol beverages to or with a person 
who is intoxicated.
125.07(3) Presence in places of sale; penalty. An underage person 
not accompanied by his or her parent, guardian or spouse who has 
attained the legal drinking age may not enter, knowingly attempt to 
enter or be on any premises for which a license for the retail sale 
of alcohol beverages has been issued.
125.085 Proof of age.

    (1) Definition. In this section, ``official identification 
card'' means a valid operator's license issued under chapter 343 of 
the Wisconsin Statutes that contains the photograph of the holder, 
an identification card issued under section 343.50 or an 
identification card issued under section 125.08, of the statutes.
    (2) Use. No card other than the identification card authorized 
under this section may be recognized as an official identification 
card in premises licensed under this ordinance.

8. Closing Hours

    Every entity licensed by the Forest County Potawatomi Community 
shall observe the closing hours established by Wisconsin Statutes 
governing the type of State license which is similar to the Tribal 
license which the entity holds. Failure to do so shall be the basis 
for the revocation of licenses issued by the Tribal Executive 
Council.

[FR Doc. 05-321 Filed 1-6-05; 8:45 am]
BILLING CODE 4310-4J-P