[Federal Register Volume 90, Number 54 (Friday, March 21, 2025)]
[Notices]
[Pages 13387-13390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-04804]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AAKP300000/A0A501010.000000]
Shakopee Mdewakanton Sioux Community; Amendments to Liquor
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes amendments to the Shakopee Mdewakanton
Sioux Community liquor ordinance (Liquor Ordinance). The amended Liquor
Ordinance supersedes the ordinance to allow for on-sale liquor
transactions adopted on August 15, 2012.
DATES: The amended Liquor Ordinance is effective March 21, 2025.
FOR FURTHER INFORMATION CONTACT: Amy Kania, Acting Tribal Operations
Officer, Midwest Regional Office, Bureau of Indian Affairs, 5600 West
American Boulevard, Suite 500, Bloomington, Minnesota 55437; Telephone:
(612) 725-4500; Fax: (612) 713-4401.
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
U.S. Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the
Secretary of the Interior shall certify and publish in the
[[Page 13388]]
Federal Register notice of adopted liquor control ordinances for the
purpose of regulating liquor transactions in Indian country.
On May 14, 2024, the Shakopee Mdewakanton Sioux Community General
Council duly adopted the amendments to the Community's Liquor Ordinance
under General Council Resolution 05-14-24-001. This Federal Register
notice comprehensively amends and supersedes the Shakopee Mdewakanton
Sioux Community 2012 Liquor Ordinance.
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 General Council, Shakopee Mdewakanton Sioux
Community of Minnesota, duly adopted these amendments to the
Community's Liquor Ordinance.
Bryan Mercier,
Director, Bureau of Indian Affairs, Exercising authority by delegation
of the Assistant Secretary--Indian Affairs.
The Shakopee Mdewakanton Sioux Community's Liquor Ordinance, as
amended, shall read as follows:
Chapter 1. General Provisions
1.1 Title
This Ordinance shall be known as the Shakopee Mdewakanton Sioux
Community Liquor Ordinance. This Ordinance replaces and supersedes the
Off-Sale Liquor Ordinance enacted by the General Council on December
12, 1982 and the On-Sale Liquor Ordinance enacted by the General
Council on May 08, 2012.
1.2 Purpose
The purpose of this Liquor Ordinance is to authorize, regulate, and
control the sale and serving of On-Sale and Off-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.
1.3 Authority and Jurisdiction
The General Council of the Shakopee Mdewakanton Sioux Community has
constitutional and inherent sovereign authority to promulgate and
enforce ordinances which are intended to safeguard and promote the
peace, safety, morals, and general welfare of the Community by
regulating the conduct of trade and the use and disposition of property
upon the reservation.
1.4 Business Council Authority and Reporting Requirements
A. The Business Council of the Community shall oversee On-Sale and
Off-Sale 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.
C. All off-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
off-sale liquor operations.
D. The Business Council shall report on an annual basis to the
General Council on liquor sales operations within the reservation,
shall promptly upon receipt remit any excise taxes, application or
license fees collected to the Secretary-Treasurer, and shall perform
all other duties as set forth in this Ordinance.
1.5 Use of Language From Other Laws
The inclusion of language, definitions, procedures, or other
statutory or administrative provisions from other tribal jurisdictions,
the State of Minnesota, or other state or federal entities in this
Ordinance shall not be deemed an adoption of that law by the Shakopee
Mdewakanton Sioux Community or its courts and shall not be deemed an
action deferring to state or federal jurisdiction by the Shakopee
Mdewakanton Sioux Community where such state or federal jurisdiction
does not otherwise exist.
1.6 Nonwaiver of Immunity
Nothing in this Ordinance shall be construed to constitute a waiver
of the sovereign immunity of the Shakopee Mdewakanton Sioux Community,
or any of its officers, employees, or agents administering or enforcing
this Ordinance, except as provided for in this Ordinance or by a duly
enacted resolution. Nor shall this Ordinance subject the Community to
liability for damages or other relief resulting from enforcement of
this Ordinance, reliance upon it, or conformance to it, except as
provided for in this Ordinance or by a duly enacted resolution.
1.7 Computation of Time
Time periods in this Ordinance shall be computed according to the
following rules: exclude the day of the event that triggers the period;
count every day, including intermediate Saturdays, Sundays, and legal
holidays; and include the last day of the period, but if the last day
is a Saturday, Sunday, or legal holiday, the period continues to run
until the end of the next day that is not a Saturday, Sunday, or legal
holiday.
1.8 Tribal Court Jurisdiction
The Tribal Court of the Shakopee Mdewakanton Sioux Community shall
have jurisdiction over disputes arising from this law. Such
jurisdiction shall be exclusive to the Tribal Court of the Shakopee
Mdewakanton Sioux Community.
1.9 Severability
If any provision of this Ordinance is found to be invalid or
illegal under applicable Community or federal law, such provision shall
be severed from this Ordinance. The remainder of the Ordinance shall
remain in full force and effect.
1.10 Secretarial Approval
This Ordinance shall become effective when it is certified by the
Secretary of Interior and published in the Federal Register.
Chapter II. Definitions
2.1 Definitions
The terms used in this Liquor Ordinance shall have the following
meanings:
A. ``Alcohol'' or ``Alcoholic Beverage'' or ``Liquor'' means any
beverage containing more than one-half of one percent alcohol by
volume.
B. ``Business Council'' means 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.
C. ``Community'' means the Shakopee Mdewakanton Sioux Community, a
federally recognized Indian Tribe organized under Section 16 of the
Indian Reorganization Act of 1934.
D. ``General Council'' means the governing body of the Tribe, in
accordance with the provisions of the Constitution of the Tribe.
E. ``Licensed premises'' means: (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
[[Page 13389]]
Shakopee Mdewakanton Sioux Community Gaming Ordinance; (2) designated
locations authorized by this Ordinance other than by subsection (1);
(3) gaming or non-gaming locations on other Tribally-owned property; or
(4) off-sale liquor establishments that were in operation on January 1,
2024 pursuant to a duly issued off-sale liquor license.
F. ``Ordinance'' means this Liquor Ordinance.
G. ``Non-gaming location'' means those areas of the Reservation or
under the jurisdiction of the Tribe that are not gaming eligible
pursuant to the Indian Gaming Regulatory Act and areas within a Tribal
Gaming Enterprise not designated by the Gaming Commission as gaming
space within a Tribal Gaming Enterprise location.
H. ``Off-sale'' means the sale of alcoholic beverages in its
original packaging for consumption off the licensed premises only.
I. ``Off-sale License'' means permission to operate an off-sale
retail liquor outlet on the Shakopee Mdewakanton Sioux Community issued
under the provisions of Chapter 4 of this ordinance.
J. ``On-sale'' means the sale of alcoholic beverages for
consumption on licensed premises only.
K. ``On-sale License'' means 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
Chapter 3 of this Ordinance.
L. ``Tribal Economic Development Enterprise'' means a tribal entity
created by the Community that is delegated responsibility and authority
to engage in commerce on behalf of and for the benefit of the
Community.
M. ``Tribal Enterprise'' means a Tribal Gaming Enterprise or a
Tribal Economic Development Enterprise.
N. ``Tribal Gaming Enterprise'' means 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.
O. ``Tribal Gaming Location'' means those areas operated and
overseen by the Tribal Gaming Enterprise where gaming is authorized and
conducted on the Shakopee Mdewakanton Sioux Community Reservation.
Chapter III. On Sale Liquor Licenses
3.1 On-Sale Liquor Licenses
An annual license for on-sale liquor may be issued only to: (1) the
Tribal Gaming Enterprise; or (2) a Tribal Economic Development
Enterprise.
A. Any On-Sale Liquor operation authorized by this Ordinance must
apply on behalf of each individual location within the Tribe's
jurisdiction for an On-Sale Liquor License. No sale of Alcoholic
Beverages shall be allowed unless the location has been duly licensed.
B. Licenses shall be for the term of one (1) year, running from the
date of issuance through December 31 of the calendar year.
C. Application procedure:
1. A Tribal Enterprise 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
Tribal Gaming Enterprise; (b) the amphitheater; (c) the Meadows Golf
Course; (d) Launchpad Golf (e) any other areas not designated by the
Gaming Commission as gaming space within a Tribal Gaming Location; or
(f) any other location on Tribal land that is not eligible for gaming
but has been designated for use by a Tribal Economic Development
Enterprise pursuant to a General Council Resolution.
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.
3.2 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 3.1(C)(2)(a), (b), (c), (d), and (e) above, must submit a
specific and detailed plan of operation, including information required
by Section 3.1(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. All on-sale transactions and consumption of liquor shall be
confined to licensed premises except in the following circumstances:
1. A restaurant that is licensed and operated by the Tribal Gaming
Enterprise or a Tribal Economic Development Enterprise may permit a
person purchasing a full bottle of wine in conjunction with the
purchase of a meal to remove the bottle upon leaving the licensed
premises provided that the bottle has been opened and the contents
partially consumed. Consumption of a partially consumed bottle of wine
on the gaming floor is strictly prohibited. Any partially consumed
bottle of wine must be immediately stored in a hotel room, the trunk of
a vehicle, or in some other area of the vehicle not typically occupied
by the driver or passengers. The removal of a bottle under the
conditions described in this subdivision does not constitute off-sale
pursuant to this Ordinance and may be permitted without additional
licensure.
2. A gift shop or concessionaire that is licensed by the Community
and operated by the Tribal Gaming Enterprise may permit a person to
purchase unopened bottles of beer, wine, or pre-mixed canned cocktails
in conjunction with a hotel stay provided that the individual is
staying in a hotel room and the contents are consumed on property. The
consumption of Alcoholic Beverages purchased pursuant to this
subdivision on the casino floor is strictly prohibited. Any Alcoholic
Beverages purchased at a gift shop or concessionaire must be
immediately stored in a hotel room. The purchase of Alcoholic Beverages
under the conditions described in this subdivision does not qualify as
off-sale pursuant to this Ordinance and may be permitted without
additional licensure.
E. All authorized On-Sale 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. Such
decision shall be final.
[[Page 13390]]
Chapter IV. Off-Sale Liquor Licensing
4.1 Off-Sale Liquor Licenses
There is hereby authorized to be issued a maximum of five (5)
annual licenses to operate as off-sale vendors under the terms and
conditions of this ordinance.
A. Licenses shall be for the term of one year or less, running from
the date of issuance to December 31 of the calendar year of issuance.
B. A fee for issuance of a license shall be $1,000.00 payable upon
receipt of the license.
4.2 Application Procedure
A. An applicant for a license must be a member of the Shakopee
Mdewakanton Sioux Community 21 years of age or older.
B. The applicant shall complete an application form, as provided by
the Business Council, and shall submit it back to the Business Council
within 20 days after notice is published at the Community Center and on
the Community member website that one or more licenses under this
ordinance are available for issuance.
C. The applicant shall accompany his/her application with:
1. A non-refundable application fee of $10.00; and
2. Proof that the applicant's financial assets exceed his/her
liabilities by an amount equal to or greater than $5,000.00.
D. 20 days after notice has been provided that one or more licenses
are available, the Business Council shall declare the application
period closed, shall promptly reject any incomplete application
notifying the applicant at once, and shall proceed to evaluate the
balance of the applications for the available licenses, according to
the information contained therein and accompanying documents. He/she
shall issue the available license(s) to the applicant(s) most qualified
to operate as a vendor under the terms and conditions of this
ordinance.
E. Upon receipt of a license hereunder, an applicant shall post a
bond in an amount, to be established by the Business Council annually,
sufficient to ensure payment to the Community on the projected annual
excise tax.
4.3 Excise Tax
A. There is hereby imposed an excise tax on the sale of each bottle
or other container of liquor sold by an Off-Sale Liquor Licensee in the
amount of five (5) cents bottle and case, and ten (10) cent keg.
B. Each Off-Sale Liquor Licensee must file, with the Business
Council, a complete report of sales during a month and remit the excise
tax on such sales. Such report and remittance must be made no later
than the 15th day of the month following that to which the report
applies.
4.4 Operation Under License
A. The license issued hereunder shall authorize the Off-Sale Liquor
Licensee to operate a retail sales outlet for the sale of unopened and
sealed liquor, wine, or beer only.
B. All Off-Sale Liquor Licensees must conform their operations to
those laws of the State of Minnesota related to the sale or possession
of intoxicating beverages or beer as indicated in Minnesota Statutes
Annotated.
C. An Off-Sale Liquor Licensee must complete and maintain accurate
records of inventory, sales, payroll, taxes paid and withheld, and all
other facets of business operations. The books and records maintained
by each vendor operating under a license shall be open for inspection
by the Business Council at all times during normal business hours.
4.5 Revocation of Suspension of License
A. The Business Council may suspend a license issued under this
ordinance for violation of any of the terms of this ordinance.
1. For failure to submit the report or remit the excise tax
required by Section 4.3, or for refusal to permit inspection of books
or records as required by Section 4.4, such suspension shall cease upon
compliance with the indicated section.
2. No suspension shall continue for more than ninety (90) days,
provided, however, that the Business Council may make a recommendation
at any time to the General Council that a license be revoked.
B. The General Council may revoke a license issued under this
ordinance for violation of any of the terms of this ordinance.
1. License revocations shall be presented to the General Council
for a vote at a duly convened meeting of the General Council.
2. The Business Council shall initiate the license revocation
process by providing written notice to the licensee at least thirty
(30) days prior to the General Council meeting at which the license
revocation will be considered. This written notice shall contain a
recitation of the causes justifying revocation.
3. The General Council shall permit statements or testimony by any
person wishing to give such at the revocation hearing.
4. The General Council may, by majority vote, revoke a license.
C. One prior license revocation shall not prevent a person,
otherwise qualified, from applying from a subsequent license under
Section III. Two prior license revocations shall render a person
ineligible from applying for subsequent licenses.
[FR Doc. 2025-04804 Filed 3-20-25; 8:45 am]
BILLING CODE 4337-15-P