[Federal Register Volume 77, Number 197 (Thursday, October 11, 2012)]
[Notices]
[Pages 61778-61780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25025]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Shakopee Mdewakanton Sioux Community--Liquor Ordinance To Allow
for On-Sale Liquor Transactions
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Shakopee Mdewakanton Sioux
Community--Liquor Ordinance to Allow for On-Sale Liquor Transactions
(Ordinance). The Ordinance regulates and controls the sale, consumption
and possession of liquor within the Shakopee Mdewakanton Sioux
Community's Indian country. This Ordinance will increase the ability of
the tribal government to control the distribution and possession of
liquor within its Indian country and at the same time will provide an
important source of revenue and strengthening of the tribal government
and the delivery of tribal services.
DATES: Effective Date: This Act is effective as of October 11, 2012.
FOR FURTHER INFORMATION CONTACT: David Christensen, Tribal Operations
Officer, Midwest Regional Office, Bureau of Indian Affairs, Norman
Pointe II, 5600 West American Boulevard, Bloomington, MN 55437,
Telephone (612) 725-4554; Fax (612) 713-4401; or De Springer, Office of
Indian Services, 1849 C Street NW., MS/4513/MIB, Washington, DC 20240;
Telephone (202) 513-7626; Fax (202) 208-5113.
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 Shakopee Mdewakanton Sioux
Community Business Council adopted the Liquor Ordinance to Allow for
On-Sale Liquor Transactions, by Business Council Resolution No. 08-15-
12-01, on August 15, 2012.
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 the Business Council duly adopted the Liquor
Ordinance to Allow for On-Sale Liquor Transactions on August 15, 2012.
Dated: October 5, 2012.
Donald E. Laverdure,
Acting Assistant Secretary--Indian Affairs.
The Shakopee Mdewakanton Sioux Community Liquor Ordinance to Allow
for On-Sale Liquor Transactions shall read as follows:
Section I. Title
This Ordinance shall be known as the Shakopee Mdewakanton Sioux
Community On-Sale Liquor Ordinance. This Ordinance is intended to
replace and supersede the Shakopee Mdewakanton Sioux Community
Resolution and Ordinance Providing for On-Sale Transactions of
Intoxicating Beverages enacted by the Shakopee Mdewakanton Sioux
Community General Council on September 21, 1983 and published in the
Federal Register on April 10, 1984. It is enacted pursuant to Article
V, Sec. 1(h) of the Community Constitution.
[[Page 61779]]
Section II. Purpose
The purpose is to authorize, regulate and control the sale and
serving of on-sale alcoholic beverages within the territory of the
Shakopee Mdewakanton Sioux Community in accordance with federal law,
the laws of the Tribe and the laws of the State of Minnesota.
Section III. Definitions
A. ``Business Council'' shall mean the body composed of the members
of the Tribe's Business Council, duly elected and serving in accordance
with the provisions of the Constitution of the Tribe.
B. ``General Council'' shall mean the governing body of the Tribe,
in accordance with the provisions of the Constitution of the Tribe.
C. ``License'' shall mean permission to sell liquor for consumption
at a Tribally-owned property located within the jurisdiction of the
Shakopee Mdewakanton Sioux Community regardless of Reservation status
which is issued in accordance with the provisions of this Ordinance.
D. ``Licensed premises'' shall mean: (1) Locations where Tribal
gaming or gaming-related activity is authorized and where the Tribal
Gaming Enterprise may be authorized to sell liquor if such sales have
been authorized by the Shakopee Mdewakanton Sioux Community Gaming
Ordinance; (2) designated locations authorized by this Ordinance other
than by subsection (1); or (3) gaming or non-gaming locations on other
Tribally-owned property.
E. ``Liquor'' shall mean any alcoholic beverage.
F. ``Non-gaming Location'' shall mean those areas of the
Reservation or under the jurisdiction of the Tribe where gaming is not
authorized. A non-gaming location shall include areas within a Tribal
Gaming Enterprise not designated by the Gaming Commission as gaming
space within a Tribal Gaming Enterprise location.
G. ``On-sale'' shall mean the sale of liquor for consumption on
licensed premises only.
H. ``Tribe'' shall mean the Shakopee Mdewakanton Sioux Community, a
federally recognized Indian Tribe organized under Section 16 of the
Indian Reorganization Act of 1934.
I. ``Tribal Gaming Enterprise'' shall mean the Tribal department
created by Tribal Ordinance and delegated the responsibility to operate
and conduct bingo, the sale of pull tabs, gaming in general and the
conduct of other games of chance, including but not limited to video
games of chance, blackjack, card games, and any other lawful games of
chance and to oversee the Tribe's gaming and gaming-related activity.
J. ``Tribal Gaming Location'' shall mean those areas operated and
overseen by the Tribal Gaming Enterprise where gaming is authorized and
conducted on the Shakopee Mdewakanton Sioux Community Reservation.
Section IV. Business Council Oversight Authority and Reporting
Requirements
A. The Business Council of the Tribe shall oversee liquor
licensing, sales, and operations on Tribally-owned property located
within the jurisdiction of the Shakopee Mdewakanton Sioux Community
regardless of Reservation status.
B. All on-sale liquor operations conducted by any Tribally
authorized entity on Tribally-owned property within the jurisdiction of
the Shakopee Mdewakanton Sioux Community regardless of Reservation
status shall report at least annually to the General Council on all on-
sale liquor operations.
Section V. Licenses
An annual license for on-sale liquor may be issued only to: (1) The
Tribal Gaming Enterprise if it has received authorization as set forth
in Section III(D)(1); or (2) a Tribal enterprise provided for in
III(D)(3);
A. Any on-sale liquor operation authorized by this Ordinance,
including authorization for the Tribal Gaming Enterprise, must apply on
behalf of each individual location within the Tribe's jurisdiction for
the on-sale liquor license and no sale shall be allowed unless the
location has been duly licensed.
B. Licenses shall be for the term of one year, running from the
date of issuance through December 31 of the calendar year.
C. Application procedure:
1. A Tribal enterprise including the Tribal Gaming Enterprise, if
so authorized, shall complete an application form as provided by the
Business Council. The application form shall require details, including
but not limited to, the exact location or locations intended to become
licensed premises.
2. The Business Council shall be authorized to issue a license for
the sale of alcohol for consumption at the following locations: (a) The
amphitheater; (b) the Meadows Golf Course; and (c) any areas not
designated by the Gaming Commission as gaming space within a Gaming
Enterprise location.
3. The Business Council may issue an on-sale liquor license if and
when it is determined that all applicable Tribal and Federal
requirements are satisfied.
Section VI. Operation Under License
A. A license issued hereunder shall authorize on-sale operations
for the sale and consumption of liquor.
B. Plan of Operation:
1. Prior to any sale of liquor, an on-sale liquor operation, other
than the Tribal Gaming Enterprise, and those locations identified in
Section V (C)(2) above, must submit a specific and detailed plan of
operation, including information required by Section V(C)(1) above, for
approval by the General Council. No sales shall occur until the General
Council has approved the plan. Any alteration of the plan of operation,
including any changes regarding locations of alcohol sales and
consumption, will require approval from the General Council.
2. If the Tribal Gaming Enterprise has been duly authorized to sell
liquor, it shall submit the required plan to the Shakopee Gaming
Enterprise Board of Directors for approval.
C. Pursuant to federal law requirements, any on-sale liquor
operation must conform its operations to those applicable laws of the
State of Minnesota relating to the sale or possession or consumption of
alcoholic beverages as required by the applicable Minnesota Statutes
Annotated.
D. Any and all on-sale transactions and consumption of liquor shall
be confined to licensed premises.
E. All authorized on-sale and consumption liquor operations must
keep complete and accurate records of inventory and sales, and provide
such information in its report to the General Council.
F. The Business Council may suspend or revoke a license under this
Ordinance for violation of any of the terms of this Ordinance; provided
that an applicant shall be given notice and an opportunity to request a
hearing before the Business Council prior to the suspension or
revocation.
Section VII. Sovereign Immunity
Nothing contained in this Ordinance is intended to nor does it in
any way limit, alter, restrict, or waive the Tribe's sovereign
immunity.
Section VIII. Severability
If any part of this Ordinance shall be found inoperable by
operation of law, all surviving parts of this Ordinance shall remain in
effect.
Section IX. Jurisdiction
The Tribal Court of the Shakopee Mdewkanton Sioux Community shall
[[Page 61780]]
have jurisdiction over disputes arising from this law. Such
jurisdiction shall be exclusive to the Tribal Court of the Shakopee
Mdewakanton Sioux Community.
Section X. Secretarial Approval
This law shall become effective when it is certified by the
Secretary of Interior and published in the Federal Register.
[FR Doc. 2012-25025 Filed 10-10-12; 8:45 am]
BILLING CODE 4310-4J-P