[Federal Register Volume 70, Number 232 (Monday, December 5, 2005)]
[Notices]
[Pages 72464-72466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-6818]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Lac Vieux Desert Band of Lake Superior Chippewa Indians Liquor 
Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Lac Vieux Desert Band of Lake 
Superior Chippewa Indians' Liquor Control Ordinance. The Ordinance 
regulates and controls the possession, sale and consumption of liquor 
within the Lac Vieux Desert Band of Lake Superior Chippewa Indians' 
Reservation. The Reservation is located on trust land and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within the exterior boundaries of the Lac Vieux Desert Band of Lake 
Superior Chippewa Indians' Reservation. This Ordinance 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 Ordinance is effective on December 5, 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, Telephone (612) 713-4400, Ext. 1125, Fax (612) 713-
4401; or Ralph Gonzales, 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 Lac Vieux Desert Band of Lake 
Superior Chippewa Indians' Tribal Council adopted its Liquor Ordinance

[[Page 72465]]

by Resolution No. 2004-005 on September 28, 2004. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within the Lac Vieux Desert Band of Lake Superior Chippewa Indians' 
Reservation.
    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 
Lac Vieux Desert Band of Lake Superior Chippewa Indians was duly 
adopted by the Tribal Council on September 28, 2004.

    Dated: November 23, 2005.
William A. Sinclair,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

    The Lac Vieux Desert Band of Lake Superior Chippewa Indians' Liquor 
Ordinance reads as follows:

RESOLUTION 2004-005; Lac Vieux Desert Desert Band of Lake 
Superior Chippewa Indians; Liquor Control Ordinance of the Lac Vieux 
Desert Desert Band of Lake Superior Chippewa Indians

    Whereas: the Lac Vieux Desert Desert Band of Lake Superior 
Chippewa Indians are a federally recognized tribe, and
    Whereas: the Lac Vieux Desert Desert Band of Lake Superior 
Chippewa Indians has a tribal council empowered to transact business 
and otherwise act on behalf of the band, and
    Whereas: the Lac Vieux Desert Desert Band of Lake Superior 
Chippewa Indians is committed to regulating the use of liquor on its 
reservation and otherwise protecting the health, safety and welfare 
of the Tribe and its members as well as the general public, and;
    Now therefore be it resolved: That the Lac Vieux Desert Desert 
Band of Lake Superior Chippewa Indians hereby adopts this resolution 
creating a Liquor Control Ordinance as follows:

Section I: Title

    This Ordinance shall be known as the ``Liquor Control 
Ordinance.'' This Ordinance repeals and replaces any other previous 
liquor ordinances adopted by the council.

Section II: Authority

    This Ordinance is enacted pursuant to Article IV Section 1 of 
the Constitution and Bylaws of the Lac Vieux Desert Desert Band of 
Lake Superior Chippewa Indians.

Section III: Purpose

    This Ordinance regulates the consumption, delivery and/or sale 
of alcoholic beverages within the Indian country lands of the Lac 
Vieux Desert Desert Band of Lake Superior Chippewa Indians, for the 
purpose of protecting the health, safety and welfare of the Tribe 
and its members as well as the general public.

Section IV: Interpretation

    This Ordinance shall be deemed an exercise of the police and 
regulatory powers of the Lac Vieux Desert Desert Band of Lake 
Superior Chippewa Indians 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.

Section V: Definitions

    The following definitions apply in this Ordinance, unless the 
context otherwise requires:
    A. Alcoholic beverage means any spirituous, vinous, malt or 
fermented liquor, liquors and compounds, whether or not medicated, 
proprietary, patented, and by whatever name called, containing one-
half of one percent (\1/2\ of 1%) or more alcohol by volume, which 
are fit for use for beverage purposes.
    B. Liquor means any alcoholic drink.
    C. Person means a natural person, firm, association, corporation 
or other legal entity.
    D. Tribe or Bands means the Lac Vieux Desert Desert Band of Lake 
Superior Chippewa Indians.
    E. Tribal Council means the governing body of the Lac Vieux 
Desert Desert Band of Lake Superior Chippewa Indians, which body is 
also referred to as the Tribal Council in the Tribe's Constitution.
    F. Secretary means the Secretary of the United States Department 
of the Interior.
    G. Indian Country of the Tribe means, for purposes of this 
Ordinance, all lands within Gogebic County, Michigan which are now 
or hereafter owned by the Bands or held in trust for the Bands by 
the United States.
    H. State means the State of Michigan.
    I. Tribal representatives mean the Tribal Chairman, a tribal 
member, a program director or manager of a subsidiary or commercial 
enterprise of the Tribe.
    J. 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.
    K. Premises means specified locations within the Indian Country 
of the Tribe, as described in a license issued by the Tribal 
Council.

Section VI: General Provisions

A. Policy

    It is the policy of the Tribe that only the Tribe and its 
subsidiary enterprises, or tribal members or non-tribal members may 
engage in the sale of alcoholic beverages within the Indian Country 
of the Tribe. Therefore, no person other than the tribal government 
or its subsidiary enterprises or tribal members or non-tribal 
members as licensed under this ordinance may deliver for profit, 
sell or trade for profit any alcoholic beverages within the Indian 
Country of the Tribe.

B. On-Premises Consumption

    No person shall sell, trade, transport, manufacture, use, or 
possess any alcoholic beverage, nor any other substance whatsoever 
capable of producing alcoholic intoxication, intended for 
consumption on the premises, nor aid nor abet any Indian or non-
Indian person in any of the foregoing, except in compliance with the 
terms and conditions of this Ordinance as well as applicable federal 
Indian liquor laws, and applicable provisions of the laws of the 
State of Michigan and regulations administered by its Liquor Control 
Commission.

C. Off-Premises Consumption

    No person shall sell, trade, transport, manufacture, use, or 
possess any alcoholic beverage, nor any other substance whatsoever 
capable of producing alcoholic intoxication, intended for 
consumption away from the premises, nor aid nor abet any Indian or 
non-Indian person in any of the foregoing, except in compliance with 
the terms of this ordinance, applicable federal Indian liquor laws, 
and applicable provisions of the laws of the State of Michigan and 
regulations administered by its Liquor Control Commission.

D. Application of State Law

    Unless otherwise contradicted by this Ordinance or other Tribal 
law, laws of the State and regulations of its Liquor Control 
Commission shall pertain to sale, trade, manufacture, use or 
possession of alcoholic beverages within the Indian Country of the 
Tribe. Provided that in no event shall any laws of the Tribe 
pertaining to liquor regulation be construed to be less stringent 
than the laws and regulations of the State. Nothing in this section 
or Ordinance is intended to allow the State to exercise any 
jurisdiction over the Tribe, its members, or any persons or 
transactions within the Indian Country of the Tribe that the State 
would not otherwise have. Nothing in this section or ordinance is 
intended to in any way waive or limit the sovereign immunity of the 
Tribe.

E. Condition of Tribal License

    Any tribal enterprise having a license for the sale of alcoholic 
beverages issued by the Tribal Council shall be required to comply, 
as a condition of retaining such license, with any applicable tribal 
laws and ordinances and shall further observe the laws of the State 
regarding times of sale and minimum ages of persons to whom sales 
may be made.

Section VII: Tribal Licenses for the Sale of Alcoholic Beverages

    A. Upon application submitted in writing by tribal 
representatives, the Tribal Council may issue a license authorizing 
(1) sale of alcoholic beverages (or specific types thereof) solely 
for consumption on the premises, and/or (2) sale of alcoholic 
beverages (or specific types thereof) intended for consumption away 
from the premises.
    B. All applications for such licenses must be submitted to the 
Tribal Council in writing, setting forth the purpose for the license 
together with the description of the premises upon which such sale 
is proposed to take place.
    C. The Tribal Council shall have the power and authority to 
determine, in its sole discretion, the number and type of licenses 
for the sale of alcoholic beverages that may from time-to-time be 
issued pursuant to this ordinance and to place any restrictions on 
said license it deems appropriate under the circumstances.
    D. Fees. The Tribal Council may set reasonable fees for the 
issuance of licenses under this Ordinance.

[[Page 72466]]

    E. Duration of License. Unless sooner canceled, every license 
issued by the Tribal Council shall expire at midnight on the 31st 
day of December. Applications for renewal must be submitted to the 
Tribal Council on or before November 15 of the preceding year. The 
Tribal Council will act on all renewal applications on or before 
December 15.

Section VIII: Violations

    A. Any Indian person found to be in violation of the provisions 
of this Ordinance shall be deemed guilty of a criminal offense and 
may be prosecuted in Tribal Court in an action brought by the Tribal 
Prosecutor. Any such criminal proceeding against an Indian person 
shall comply with all due process and equal protection requirements 
of the Indian Civil Rights Act, which shall include at a minimum 
adequate notice, a full and fair hearing, and the right to call and 
cross examine witnesses. Upon conviction, the Tribal Court may 
impose a sentence of a fine not greater than $1,000.00 and/or a jail 
term not exceeding sixty (60) days.
    B. Nothing in this ordinance shall be construed to require or 
authorize the criminal trial and punishment by the Tribal Court of 
any non-Indian except to the extent allowed under Federal law. In 
general, when any provision of this Ordinance is violated by a non-
Indian, he or she shall be referred to state and/or Federal 
authorities for prosecution under applicable law. However, 
violations of this Statute by a non-Indian shall also be deemed a 
civil offense against the Tribe and a civil action against non-
Indian violators may proceed in Tribal Court to the extent allowed 
under Federal law. In such civil action brought in Tribal Court by 
the Tribal Prosecutor, the Tribal Court may impose a fine not 
greater than $1,000.00 and/or exclusion from the Tribe's 
reservation, as authorized in Article IV, Section 1(k) of the 
Tribe's Constitution. Any such civil proceeding against a non-Indian 
shall comply with all due process and equal protection requirements 
of the Indian Civil Rights Act, which shall include at a minimum 
adequate notice, a full and fair hearing, and the right to call and 
cross examine witnesses.
    C. Revocation of License. The Tribal Council may, for alleged 
violation of this Ordinance, temporarily suspend a license for an 
alleged violation of this Ordinance until such time as an action is 
commenced in Tribal Court. The Chairperson of the Tribal Council or 
the Tribal Prosecutor may, for alleged violation of this Ordinance, 
institute and maintain an action in the Tribal Court in the name of 
the Tribe to revoke or permanently suspend a license issued under 
this Ordinance. Such proceeding against the holder of the license in 
question shall comply with all due process and equal protection 
requirements of the Indian Civil Rights Act, which shall include at 
a minimum adequate notice, a full and fair hearing, and the right to 
call and cross examine witnesses. Upon final judgment issued against 
the defendant, the Tribal Court may order the forfeiture of any 
license issued pursuant to this Ordinance, and all rights of the 
licensee to keep or sell alcoholic beverages under this Ordinance 
shall be suspended or terminated as the case may be. Pending final 
judgment the Tribal Court may issue orders for preliminary 
injunction if the plaintiff can demonstrate a likelihood of success 
and irreparable injury to the Tribe or its members if such orders 
are not issued.

Section IX: Effective Date

    This ordinance shall be effective as a matter of tribal law as 
of the date of the adoption by the Tribal Council and effective as a 
matter of Federal law on such date as the Assistant Secretary--
Indian Affairs certifies and publishes the same in the Federal 
Register.

Section X: Savings Clause

    In the event that any phrase, provision, part, paragraph, 
subsection or section of this Ordinance is found by a court of 
competent jurisdiction to violate the Constitution, laws or 
ordinances of the Lac Vieux Desert Desert Band of Lake Superior 
Chippewa Indians or applicable Federal law, such phrase, provision, 
paragraph, subsection or section shall be considered to stand alone 
and to be deleted from this Ordinance, the entirety of the balance 
of the Ordinance to remain in full and binding force and effect.

Certification

    We do hereby certify that this resolution was duly presented and 
voted upon with a vote of 5 in favor, 1 opposed, and 0 abstaining, 
at a regular meeting held on this 28th day of September 2004.

    /s/
    James Williams, Jr., Chairman
    /s/
    Michelle Hazen, Secretary
[FR Doc. E5-6818 Filed 12-2-05; 8:45 am]
BILLING CODE 4310-4J-P