[Federal Register Volume 72, Number 63 (Tuesday, April 3, 2007)]
[Notices]
[Pages 15901-15903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6106]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Amendment to the Chippewa Cree Tribe of the Rocky Boy's Indian 
Reservation Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes an amendment to the Liquor Ordinance of 
the Chippewa Cree Tribe of the Rocky Boy's Indian Reservation of 
Montana (Tribe). This amendment brings the existing Liquor Ordinance of 
the Tribe which regulates and controls the possession, sale and 
consumption of liquor within the Tribe's reservation into conformance 
with state law. The Liquor Ordinance allows for possession and sale of 
alcoholic beverages within the Tribe's Indian reservation, 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.

DATES: Effective Date: This Ordinance is effective on April 9, 2007.

FOR FURTHER INFORMATION CONTACT: Louise Reyes, Indian Services Officer, 
Bureau of Indian Affairs, Rocky Mountain Regional Office, 316 North 
26th St., Billings, MT 59101, Telephone: (406) 247-7988, Telefax: (406) 
247-7566; or Ralph Gonzales, Office of Indian Services, 1849 C Street, 
NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone No. (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 Chippewa Cree Business Committee 
adopted this amendment to their Liquor Ordinance by Resolution No. 27-
06 on March 9, 2006. The purpose of this amendment is to bring their 
current Liquor Control Ordinance into conformance with State law.
    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 Amendment to the Liquor 
Ordinance of the Chippewa Cree Tribe of the Rocky Boy's Indian 
Reservation was duly adopted by the Chippewa Cree Business Committee on 
March 9, 2006.

    Dated: March 28, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.

    The Amendment to the Chippewa Cree Tribe of the Rocky Boy's Indian 
Reservation Liquor Ordinance reads as follows:

Chippewa Cree Law and Order Code Alcoholic Beverage Control Ordinance

Chapter 1 General Provisions

    Section 1.1 Title--This Ordinance shall be known as the ``Alcoholic 
Beverage Control Ordinance.'' The Tribe previously passed Ordinance I-
70 which was certified by the Commissioner of Indian Affairs on June 
16, 1970, and published in the Federal Register on June 25, 1970, 
authorizing the introduction, sale or possession of intoxicating 
beverages on the Rocky Boy's Reservation (35 FR 10384, 1970). This 
Ordinance replaces Ordinance I-70 to include the following provisions 
as adopted by the Chippewa Cree Tribal Business Committee.
    Section 1.2 Purpose--This Ordinance regulates the consumption, 
delivery and sale of alcoholic beverages within the exterior boundaries 
of the Rocky Boy's Reservation and other lands subject to Tribal 
jurisdiction for the purpose of protecting the health, safety and 
welfare of the Chippewa Cree Tribe and its members as well as the 
general public.
    Section 1.3 Authority--This Alcoholic Beverage Control Ordinance is 
enacted pursuant to Article VI, Section 1(p) of the Constitution and 
Bylaws of the Chippewa Cree Tribe. Federal law currently prohibits the 
introduction of alcoholic beverage into Indian Country (18 U.S.C. 
1154), and expressly delegates to tribes the decision regarding when 
and to what extent alcoholic beverage transactions shall be permitted 
(18 U.S.C. 1161). Unless otherwise provided in this Ordinance, 
standards for the sale and transaction of alcoholic beverages shall be 
in conformity with the laws of the State of Montana, as required by, 
and in accordance with 18 U.S.C. 1161.
    Section 1.4 Declaration of Public Policy
    (a) The introduction, possession, and sale of alcoholic beverage on 
the Rocky Boy's Reservation are a matter of special concern to the 
Chippewa Cree Tribe.
    (b) Compliance with this ordinance shall be in addition to, and not 
a substitute for, compliance with the laws of the State of Montana.
    (c) In 1970, the Chippewa Cree Tribe passed Ordinance I-70, 
authorizing the introduction, sale or possession of alcoholic beverages 
on the Rocky Boy's Reservation. This Ordinance replaces Ordinance I-70 
recognizing that a need still exists for strict regulation and control 
over alcoholic beverages transactions within the Rocky Boy's 
Reservation because of the many potential problems associated with the 
unregulated or inadequately regulated sale, possession, distribution, 
and consumption of alcoholic beverages. The Chippewa Cree Tribal 
Business Committee finds that Tribal control and regulation of 
alcoholic beverages necessary to achieve maximum economic benefit to 
the Tribe, to protect the health and welfare of Tribal members, and to 
address specific concerns relating to alcohol use on the Rocky Boy's 
Reservation.
    (d) It is in the best interests of the Chippewa Cree Tribe to enact 
a Tribal ordinance governing alcoholic beverage sales on the Rocky 
Boy's Reservation, which provides for purchase, distribution, and sale 
of alcoholic beverages only on specific Tribal lands within the 
exterior boundaries of the Rocky Boy's Reservation, as designated

[[Page 15902]]

by this Ordinance. Further, the Tribe has determined that said 
purchase, distribution, sale, and consumption shall take place only at 
a Tribally-owned gaming facility complex or at such other location duly 
licensed by the Chippewa Cree Tribe.
    Section 1.5 Limited Application--The consumption, delivery and sale 
of alcoholic beverages shall be limited solely to Tribally designated 
entities located within the exterior boundaries of the Rocky Boy's 
Reservation as designated by the Chippewa Cree Tribal Business 
Committee.
    Section 1.6 Definitions
    (a) ``Alcohol'' means ethyl alcohol, also called ethanol, or the 
hydrated oxide of ethyl.
    (b) ``Alcoholic beverage'' means a compound produced and sold for 
human consumption as a drink that contains more than one-half of one 
percent (0.5%) of alcohol by volume.
    (c) ``Beer'' means any beverage obtained by alcoholic fermentation 
of an infusion or decoction of barley, malt, hops or any similar 
products or any combination thereof.
    (d) ``Liquor'' means an alcoholic beverage except beer and wine.
    (e) ``Rocky Boy's Reservation'' means all lands held in trust by 
the United States for the Tribe or its members and all lands owned by 
the Tribe, wherever located.
    (f) ``Sell'' or ``sold'' means any transfer of alcoholic beverages 
with consideration, any transfer without consideration if knowingly 
made for the purposes of evading the law relating to the sale of 
alcoholic beverages, the soliciting or receiving an order to sell or 
keep for future delivery alcoholic beverages, the peddling of alcoholic 
beverages, or the keeping with intent to sell any alcoholic beverages.
    (g) ``Sale'' includes every act of selling as defined in subsection 
(f) of this section.
    (h) ``State'' means the State of Montana.
    (i) ``Tribally Designated Entity'' means the Chippewa Cree 
Tribally-owned gaming facility complex operated on Tribally owned land, 
also known as North Winds Casino, or other such Tribal entity 
designated by the Chippewa Cree Tribal Business Committee by resolution 
as the proper entity to sale alcoholic beverages.
    (j) ``Wine'' means a beverage made from or containing the alcoholic 
fermentation of the juice of sound, ripe fruit or other agricultural 
products without addition or abstraction, except as may occur in the 
usual cellar treatment of clarifying and aging, and that contains not 
more than twenty-four percent (24%) of alcohol by volume. Other 
alcoholic beverages not defined in this subsection but made in the 
manner of wine and labeled and sold as wine in accordance with federal 
regulations are also wine.

Chapter 2 Sale of Alcoholic Beverages

    Section 2.1 Tribal Alcoholic Beverage License Required--No sales of 
alcoholic beverages shall be made within the exterior boundaries of the 
Rocky Boy's Reservation, except at a Tribally licensed, Tribally 
designated entity. Nothing in this section shall prohibit a Tribal 
licensee or the Tribe from purchasing alcoholic beverages from an off-
Reservation source for resale on the Reservation nor prohibit the 
delivery of alcoholic beverages purchased from off-Reservation sources 
to the Reservation for a Tribal licensee of alcoholic beverages to 
resale on the Reservation.
    Section 2.2 Limited to Tribally Designated Entities--The 
consumption, delivery and/or sale of alcohol or alcoholic beverages is 
confined to location(s) of the Tribally designated entities.
    Section 2.3 Sales for Personal Use; Resale Prohibited--All sales 
allowed under this Ordinance shall be for personal use of the 
individual purchaser. Resale of any alcoholic beverage is prohibited 
and violators shall be prosecuted and subject to penalties under this 
Ordinance.
    Section 2.4 Sales Limited to Adults--All handling, stocking, 
possession, and sale of alcoholic beverage shall be made by persons 
twenty-one (21) years of age or older. Proof of age must be shown by a 
current and valid state driver's license or other federal, state, or 
tribal government issued identification that contains birth date and 
photo of the holder of the license or identification.
    Section 2.5 Right to Refuse Sale--Any person or entity authorized 
to sell alcoholic beverages under this Ordinance shall have the 
authority to refuse to sell alcoholic beverage to any person unable to 
produce proof of age and identity.
    Section 2.6 Liability Insurance--Any entity authorized to dispense, 
sell, serve or deliver alcohol under this Ordinance shall obtain 
general liability insurance in the amount not less than $1,000,000 per 
occurrence.

Chapter 3 Jurisdiction, Licensing and Fees

    Section 3.1 Jurisdiction--The Chippewa Cree Tribal Court is vested 
with original jurisdiction to hear and decide all matters arising 
pursuant to this Ordinance.
    Section 3.2 License Applications
    (a) Alcoholic beverage license applications shall be filed with the 
Secretary/Treasurer of the Chippewa Cree Tribe containing the following 
information:
    (1) The name of the Tribally designated entity where the sale and 
consumption of alcoholic beverages would take place. Such entity shall 
be the applicant. No individual or private entity may apply for or 
receive a license under this Ordinance.
    (2) A copy of the Tribal resolution under which the applicant was 
created or approved by the Chippewa Cree Tribe.
    (3) Physical address or description of the land where sale and 
consumption of alcoholic beverages would take place.
    (b) Upon receipt of proper application, the Tribal Business 
Committee shall issue an alcoholic beverage license under this 
Ordinance if the Tribal Business Committee finds, in its sound 
discretion, on the basis of facts disclosed by the application that 
such issuance is in the interest of the Tribe.
    Section 3.3 Scope of License--A license issued under this Ordinance 
shall permit the licensee to dispense, sell, serve or deliver alcohol 
only at the Tribally designated entity approved by the Tribal Business 
Committee and subject to any conditions on the license.
    Each license shall specify the following:
    (a) Particular alcoholic beverages that the licensee is authorized 
to dispense, sell, serve or deliver;
    (b) Licensee's mailing and physical address and business or trade 
name; and
    (c) Purpose for which the alcoholic beverages shall be dispensed, 
sold, served or delivered.
    (d) Each license shall explicitly state that its continued validity 
is dependent upon the compliant of its holder with all the provisions 
of this Ordinance and other applicable law.
    Section 3.4 Expiration/Renewal of License--Every license expires 
annually, measured from the date of issuance and a licensee must renew 
the license annually.
    (a) A licensee who fails to renew the license on or before the due 
date shall pay a penalty of one hundred dollars ($100) with their 
application for renewal along with the renewal fee;
    (b) A license renewal application that is properly addressed, 
postage provided, and deposited in an official depository of the United 
States on or before the due date shall be deemed filed and received by 
the Tribe on the date shown by the

[[Page 15903]]

postmark or other official mark of the United States postal service;
    (c) A licensee who fails to renew the license on or before the due 
date shall not dispense, sell, serve or deliver or otherwise deal in 
alcoholic beverage until the license is renewed; and
    (d) A license not renewed within twenty (20) working days after the 
due date shall be deemed terminated.
    Section 3.5 Fees--All applications for alcoholic beverage licenses 
shall include full payment of the fees paid to the Tribe's Treasurer's 
office and deposited in the Chippewa Cree Tribe's general fund.
    (a) Application fees for a Tribal Alcoholic Beverage License--one 
thousand dollars ($1000.00);
    (b) Annual renewal fee--one hundred dollars ($100.00); or
    (c) As set by Tribal resolution of the Tribal Business Committee.

Chapter 4 Prohibited Activity

    Section 4.1 It shall be unlawful for any person or entity to 
dispense, sell, serve, deliver, or otherwise deal in alcoholic 
beverages on the Rocky Boy's Reservation except as provided for in this 
Ordinance.
    Section 4.2 Except for a licensed Tribally designated entity, it 
shall be unlawful for any business establishment or person on the Rocky 
Boy's Reservation to possess with the intent to sell, distribute, 
barter, or trade to another any alcoholic beverage; provided, however, 
that a person or entity may transport alcoholic beverages from off the 
reservation to the licensed Tribally designated entity, consistent with 
the terms of the license.
    Section 4.3 It shall be unlawful for any person to publicly consume 
any alcoholic beverage at any community function, or at or near any 
place of business, celebration grounds, recreational areas, ballparks, 
public camping areas, Tribal offices, Tribal headquarters, schools, and 
any other area where minors gather for meetings or recreation, except 
within a Tribal licensed establishment where alcohol is sold.
    Section 4.4 It shall be unlawful for any person under the age of 
twenty-one (21) years old to buy, to attempt to buy, to misrepresent 
their age in attempting to buy, to transport, to possess, to consume, 
or to be under the influence any alcoholic beverage. It shall be 
unlawful for any person under the age of twenty-one (21) years old to 
be at an establishment where alcoholic beverages are dispensed, sold, 
served or delivered, except as provided under Section 4.7 of this 
Ordinance.
    Section 4.5 It shall be unlawful for any person to sell or furnish 
alcoholic beverage to any person under the age of twenty-one (21) years 
old.
    Section 4.6 Alcoholic beverages may not be given as a prize, 
premium or consideration for a lottery, contest, game of chance or 
skill, or competition of any kind.
    Section 4.7 The licensee under this Ordinance may employ persons 
eighteen (18), nineteen (19) and twenty (20) years of age who may take 
orders for, serve and sell alcoholic beverages in any part of the 
licensed premises when that activity is incidental to the serving of 
food except in those areas classified as prohibited to the use of 
minors.
    (a) However, no person who is 18, 19 or 20 years of age shall be 
permitted to mix, pour or draw alcoholic beverages except when pouring 
is done as a service to the patron at the patron's table or drawing is 
done in a portion of the premises not prohibited to minors; and
    (b) Except as stated in this section, it shall be unlawful to hire 
any person to work in connection with the sale and service of alcoholic 
beverages in a Tribally licensed alcoholic beverage establishment if 
such person is under the age of twenty-one (21) years.

Chapter 5 Violations

    Section 5.1 Jurisdiction--Any person or entity who violates the 
provisions of this Ordinance may be subject to a civil penalty in 
Tribal Court for a civil infraction.
    Section 5.2 Penalty--Upon a determination by the Chippewa Cree 
Tribal Court that a licensee has violated any provision of this 
Ordinance, any or all of the following sanctions may be imposed:
    a. Suspension of alcoholic beverage license;
    b. Revocation of alcoholic beverage license; or
    c. Civil fine in amount established by the Court which shall not 
exceed the sum of $1,000 for each infraction, provided, however, that 
the full fine shall not exceed $5,000 if it involves minors.

Chapter 6 Taxes

    [Reserved]

Chapter 7 Severability and Miscellaneous

    Section 7.1 Severability--If the Chippewa Cree Tribal Court finds 
any provision of this Ordinance to be invalid or illegal under 
applicable Federal or Tribal law, such provision shall be severed from 
this Ordinance and the remainder of this Ordinance shall remain in full 
force and effect.
    Section 7.2 Conformance with Tribal, State and Federal Law--This 
Ordinance shall conform with all Tribal laws. All provisions and 
transactions under this Ordinance shall be in conformity with any 
applicable State laws regarding alcohol to the extent required by 18 
U.S.C. 1161 and with all Federal laws regarding alcohol in Indian 
Country.
    Section 7.3 Enforcement--All actions brought by the Chippewa Cree 
Tribe to enforce the provisions of this Ordinance shall be filed in the 
Chippewa Cree Tribal Court.
    Section 7.4 Effective Date--This Ordinance becomes effective as a 
matter of Tribal law upon approval by the Chippewa Cree Tribal Business 
Committee and effective as a matter of Federal law on such date as the 
Assistant Secretary of Indian Affairs or his/her designee certifies the 
Ordinance and publishes it in the Federal Register.

Chapter 8 Amendment

    This Ordinance may be amended or repealed by a majority vote of the 
Chippewa Cree Tribal Business Committee.

Chapter 9 Sovereign Immunity

    Nothing in this Ordinance is intended to nor does it in any way 
limit, alter, restrict or waive the Tribe's sovereign immunity from 
unconsented suit or action.

 [FR Doc. E7-6106 Filed 4-2-07; 8:45 am]
BILLING CODE 4310-4J-P