[Federal Register: April 3, 2007 (Volume 72, Number 63)]
[Notices]
[Page 15901-15903]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ap07-74]
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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.
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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