[Federal Register Volume 70, Number 112 (Monday, June 13, 2005)]
[Notices]
[Pages 34146-34148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11609]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Grand Traverse Band of Ottawa and Chippewa Indians--Sale and 
Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Grand Traverse Band of Ottawa and 
Chippewa Indians' Liquor Control Ordinance. The Ordinance regulates and 
controls the possession, sale and consumption of liquor within the 
Grand Traverse Band of Ottawa and Chippewa Indians' tribal lands. This 
Ordinance allows for the possession and sale of alcoholic beverages 
within the Grand Traverse Band of Ottawa and Chippewa Indians' tribal 
lands, permits alcohol sales by tribally licensed vendors, and 
increases the ability of the tribal government to control the tribe's 
liquor distribution and possession. At the same time, it will provide 
an important source of revenue for the continued operation and 
strengthening of the tribal government and the delivery of tribal 
services.

EFFECTIVE DATE: This Ordinance is effective on June 13, 2005.

FOR FURTHER INFORMATION CONTACT: De Springer, Regional Tribal 
Operations

[[Page 34147]]

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, Division of Tribal Justice Support, Office of Tribal 
Services, 1951 Constitution Avenue, NW., Mail Stop 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 Grand Traverse Band of Ottawa and 
Chippewa Indians adopted its Liquor Control Ordinance No. 93-114 on 
November 23, 1993 by Resolution No 93-11.84 on November 24, 1993 and 
amended by Resolution No. 04-22.1417 on July 28, 2004. The purpose of 
this Ordinance is to govern the sale, possession and distribution of 
alcohol within the Grand Traverse Band of Ottawa and Chippewa Indians' 
tribal lands.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs.

    I certify that this Liquor Ordinance, of the Grand Traverse Band of 
Ottawa and Chippewa Indians, was duly adopted by the Tribal Council on 
November 24, 1993 and amended by Resolution No. 04-22.1417 on July 28, 
2004.

    Dated: June 7, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
    The Grand Traverse Band of Ottawa and Chippewa Indians' Liquor 
Ordinance reads as follows:

Liquor Control Ordinance--GTB Ordinance No. 93-114, as Amended July 28, 
2004

    Statement of Purpose: An ordinance to regulate the consumption, 
possession, delivery and/or sale of alcoholic beverage within Tribal 
lands of the Grand Traverse Band of Ottawa and Chippewa Indians, for 
the purpose of protecting the health, safety and welfare of the 
Tribe and its members as well as the general public.
    BE IT ENACTED by the Tribal Council of the Grand Traverse Band 
of Ottawa and Chippewa Indians the following ordinance:

Section 1. Short Title

    This ordinance may be cited as the ``Liquor Ordinance'' of the 
Grand Traverse Band of Ottawa and Chippewa Indians.

Section 2. Authority

    As required by 18 U.S.C. 1161, this ordinance is in conformity 
with those provisions of State law which are adopted in this 
ordinance as Tribal law, and is enacted pursuant to Article IV of 
the Constitution of the Grand Traverse Band of Ottawa and Chippewa 
Indians.

Section 3. Interpretation

    This ordinance shall be deemed an exercise of the police and 
regulatory powers of the Grand Traverse Band of Ottawa and Chippewa 
Indians in order to promote Tribal self-determination and to protect 
the public welfare, and all provisions of this ordinance shall be 
liberally construed for the accomplishment of these purposes. 
Nothing in this ordinance may be construed as a waiver of Tribal 
sovereign immunity.

Section 4. Definitions

    In this ordinance, unless the context otherwise requires:
    (a) ``Alcoholic beverage'' means any spirituous, vinous, malt or 
fermented liquor, liquid or compound, whether or not medicated, 
proprietary, patented, and by whatever name called, containing one-
half of one percent (.5%) or more alcohol by volume, and which is 
commonly used or reasonably adopted to use for beverage purposes.
    (b) ``Liquor'' means any alcoholic beverage.
    (c) ``Person'' means a natural person, firm, association, 
corporation, or other legal entity.
    (d) ``Premises'' means specified locations within Tribal lands 
where alcoholic beverages may be sold as described in a license 
issued by the Tribal Council.
    (e) ``Secretary'' means the Secretary of the United States 
Department of the Interior.
    (f) ``State'' means the State of Michigan, which regulates 
matters pertaining to the consumption, possession, delivery and/or 
sale of alcoholic beverages within the State through its Liquor 
Control Commission.
    (g) ``Tribal Council'' means the Tribal Council of the Grand 
Traverse Band of Ottawa and Chippewa Indians.
    (h) ``Tribal lands'' means:
    (1) Land within the limits of the Grand Traverse Band of Ottawa 
and Chippewa Indians' reservation, notwithstanding the issuance of 
any patent, and including rights-of-way running through the 
reservation; and/or
    (2) Land over which the Grand Traverse Band of Ottawa and 
Chippewa Indians exercises governmental power and which is either 
held in trust by the United States for the benefit of the Grand 
Traverse Band, or held by the Tribe or by one of its members subject 
to restriction by the United States against alienation.
    (i) ``Tribal license'' means an official action by the Tribal 
Council which authorizes the sale of alcoholic beverages for 
consumption either on the premises and/or away from the premises. 
The sale and/or delivery of alcoholic beverages intended for 
consumption away from Tribal lands must also comply with those 
provisions of State law which are adopted as Tribal law in this 
ordinance.
    (j) ``Tribal representative'' means the Tribal Manager, a 
program director, or manager of a subsidiary enterprise of the 
Tribe.
    (k) ``Tribe'' means the Grand Traverse Band of Ottawa and 
Chippewa Indians.
    (l) ``Vendor'' means a person licensed under this ordinance to 
sell alcoholic beverages, or a person employed by a vendor to do so.

Section 5. Public Policy Declared

    (a) It is the policy of the Tribe that no sale, delivery, or 
importation of alcoholic beverages shall occur in Tribal lands 
unless such sale, delivery, or importation is by a person licensed 
under this ordinance to do so, or by prior written order of the 
Tribal Council. All alcoholic beverages for sale, use, storage, or 
distribution in Tribal lands shall originally be purchased by and 
imported into Tribal lands by a person licensed under this ordinance 
to do so, or by prior written order of the Tribal Council. This 
section shall not apply in the case of alcoholic beverages brought 
into Tribal lands personally by a person of legal age to purchase 
alcoholic beverages for personal or household use.

Section 6. General Provisions

    (a) Except in compliance with this ordinance, no person shall 
sell, trade, transport, manufacture, use, or possess any alcoholic 
beverage or any other substance whatsoever which is capable of 
producing alcohol or other intoxication, intended for consumption on 
the premises, nor may any person aid or abet another person in any 
of the foregoing.
    (b) No vendor shall permit any person under legal age on 
premises licensed under this ordinance, unless accompanied by an 
adult who is the legal guardian or parent of that minor.
    (c) No vendor shall sell, serve or allow to be consumed on 
premises licensed under this ordinance, alcoholic beverages other 
than during the hours permitted by its license.
    (d) Except in compliance with this ordinance, no person shall 
sell, trade, transport, manufacture, use, or possess any alcoholic 
beverage or any other substance whatsoever which is capable of 
producing alcohol or other intoxication, intended for distribution 
away from the premises, nor may any person aid or abet another 
person in any of the foregoing.
    (e) It shall be a violation of this ordinance for any person, by 
himself or by his agent or employee, to sell, offer for sale, expose 
for sale, or possess, any alcoholic beverage which is adulterated or 
misbranded or any alcoholic beverage in bottles which have been 
refilled. For the purposes of this section, alcoholic beverages 
shall be deemed adulterated if they contain any liquid or other 
ingredient not placed there by the original manufacturer or bottler. 
For the purposes of this section, alcoholic beverages shall be 
deemed misbranded when not plainly labeled, marked or otherwise 
designated. For the purposes of this section, alcoholic beverage 
bottles shall be deemed to

[[Page 34148]]

be refilled when the bottles contain any liquid or other ingredient 
not placed in the bottles by the original manufacturer.
    (f) It shall be a violation of this ordinance for any vendor to 
sell or furnish any alcoholic beverage to a person unless that 
person has attained 21 years of age. No vendor may knowingly sell or 
furnish any alcoholic beverage to a person who is younger than 21 
years of age, or fail to make diligent inquiry as to whether the 
person is 21 years of age. A suitable sign which describes this 
section and the penalties for violating this section shall be posted 
in a conspicuous place in each room where alcoholic beverages are 
sold.
    (g) It shall be a violation of this ordinance for any vendor to 
sell or furnish any alcoholic beverage to any person who is visibly 
intoxicated at the time, or who is known to the vendor to be a 
habitual drunkard.
    (h) It shall be a violation of this ordinance for any person 
younger than 21 years of age to purchase, attempt to purchase, 
possess or consume any alcoholic beverage, or for such a person to 
misrepresent his age for the purpose of purchasing or attempting to 
purchase such alcoholic beverage.
    (i) Upon attempt to purchase any alcoholic beverage on premises 
licensed under this ordinance by any person who appears to the 
vendor to be younger than 21 years of age, that vendor shall demand, 
and the prospective purchaser upon such demand shall display, 
satisfactory evidence that he is of legal age. It shall be a 
violation of this ordinance for any person to present to any vendor 
falsified evidence as to his age.
    (j) No person licensed under this ordinance shall make any 
delivery of any alcoholic beverage outside the premises described in 
the license.
    (k) No person, directly or indirectly, himself or herself or by 
his or her clerk, agent or employee shall manufacture, manufacture 
for sale, sell, offer or keep for sale, barter, furnish, or import, 
import for sale, transport for hire, or transport, or possess any 
alcoholic beverage unless that person complies with this ordinance.
    (l) In order to retain its alcoholic beverage license under this 
ordinance, any Tribal operation is required to comply with other 
applicable Tribal law, as well as with the provisions of this 
ordinance.

Section 7. Tribal Alcoholic Beverage Licenses

    (a) Upon written application by a Tribal representative, the 
Tribal Council may issue a license authorizing (1) the sale of 
alcoholic beverages intended solely for consumption on the premises, 
and/or (2) the sale of alcoholic beverages intended solely for 
consumption away from the premises.
    (b) All such license applications must set forth the purpose for 
which the license is sought, together with a description of the 
premises upon which the alcoholic beverage sales are proposed to 
take place.
    (c) In its sole discretion, the Tribal Council shall have the 
power and authority to determine the numbers and types of alcoholic 
beverage licenses to be issued pursuant to this ordinance.

Section 8. Complaint of Violation

    (a) Any complaint regarding violation of any provision of this 
ordinance shall be referred to the Tribal Prosecutor, who may cause 
such complaint to be placed in writing and served personally or by 
registered mail upon the licensee or other person against whom that 
complaint is made.
    (b) A hearing on any such complaint shall be held by the Tribal 
Court not less than 7 days nor more than 28 days after service of 
the complaint upon the licensee or other person against whom that 
complaint is made.
    (c) Any Indian person (defined in Section 3.201 of the Tribe's 
Criminal Code) who violates any provision of this ordinance may be 
charged with a misdemeanor criminal offense and may be prosecuted 
pursuant to Section 3.718 of the Tribe's Criminal Code. If 
convicted, the Tribal Court may impose a fine of not greater than 
$1000.00, or imprisonment not exceeding 60 days in the Tribal jail, 
or by both such fine and imprisonment.
    (d) Any non-Indian person who violates any provision of this 
ordinance may be charged with and prosecuted for a civil offense, 
and if convicted, may be subject to civil sanctions which the Tribal 
Council may prescribe, and/or may be excluded from Tribal lands.
    (e) Any person under the jurisdiction of the Tribe who violates 
any provision of this ordinance for which a specific penalty is not 
provided, shall be subject to a fine of not less than $100.00, nor 
more than $5000.00, or by imprisonment in the Tribal jail for not 
more than 60 days, or by both such fine and imprisonment, plus 
costs.

Section 9. Severability

    (a) If any section or provision of this ordinance or the 
application thereof to any party or class, or to any circumstances, 
shall be held to be invalid for any cause whatsoever, the remainder 
of this ordinance shall not be affected thereby and shall remain in 
full force and effect as though no part thereof had been declared to 
be invalid.
    (b) All prior ordinances and resolutions or provisions thereof 
which are repugnant to or inconsistent with any provision of this 
ordinance are hereby repealed.

Section 10. Amendment or Repeal of This Ordinance

    This ordinance may be amended or repealed only by majority vote 
of the Tribal Council in regular session.

Section 11. Effective Date

    The effective date of this ordinance shall be the date upon 
which it is certified by the Secretary or his delegate and published 
in the Federal Register in accordance with Title 18 of the United 
States Code, Section 1161.

[FR Doc. 05-11609 Filed 6-10-05; 8:45 am]
BILLING CODE 4310-4J-P