80 FR 17779 - Little Traverse Bay Bands of Odawa Indians Liquor Control Statute

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 63 (April 2, 2015)

Page Range		17779-17783
FR Document		2015-07614
This notice publishes the Little Traverse Bay Bands of Odawa Indians Liquor Control Statute. The Statute establishes a Liquor and Tobacco Licensing Board to regulate and control the possession, sale, and consumption of liquor and tobacco within the jurisdiction of the Little Traverse Bay Bands of Odawa Indians. The Statute consists of two chapters: Waganakising Odawak Statute 2009-019 (Liquor and Tobacco Licensing Board Statute) and Waganakising Odawak Statute 2014-006 (Liquor and Tobacco License Violations Statute). The Statute repeals and replaces the previous liquor control ordinance published in the Federal Register on December 14, 1999 (64 FR 69780), and any and all previous Statutes.
Federal Register, Volume 80 Issue 63 (Thursday, April 2, 2015)
[Federal Register Volume 80, Number 63 (Thursday, April 2, 2015)]
[Notices]
[Pages 17779-17783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07614]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[145A21000DDAAK3000000/ADT00000.00000]


Little Traverse Bay Bands of Odawa Indians Liquor Control Statute

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Little Traverse Bay Bands of Odawa 
Indians Liquor Control Statute. The Statute establishes a Liquor and 
Tobacco Licensing Board to regulate and control the possession, sale, 
and consumption of liquor and tobacco within the jurisdiction of the 
Little Traverse Bay Bands of Odawa Indians. The Statute consists of two 
chapters: Waganakising Odawak Statute 2009-019 (Liquor and Tobacco 
Licensing Board Statute) and Waganakising Odawak Statute 2014-006 
(Liquor and Tobacco License Violations Statute). The Statute repeals 
and replaces the previous liquor control ordinance published in the 
Federal Register on December 14, 1999 (64 FR 69780), and any and all 
previous Statutes.

DATES: This ordinance shall become effective 30 days after April 2, 
2015.

FOR FURTHER INFORMATION CONTACT: Mr. David Christensen, Tribal 
Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, 
5600 West American Blvd., Suite 500, Bloomington, Minnesota 55437, 
Telephone: (612) 725-4554; Fax: (612) 713-4401, or Ms. Laurel Iron 
Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C 
Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-
7641.

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 Little Traverse Bay Bands of Odawa 
Indians duly adopted Waganakising Odawak Statute 2009-019 (Liquor and 
Tobacco Licensing Board Statute) on July 26, 2009, and Waganakising 
Odawak Statute 2014-006 (Liquor and Tobacco License Violations Statute) 
on June 8, 2014. Together, the Statutes repeal and replace the previous 
liquor control ordinance published in the Federal Register on December 
14, 1999 (64 FR 69780).
    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 Little Traverse Bay Bands of Odawa Indians 
duly adopted Statute Waganakising Odawak Statute 2009-019 (Liquor and 
Tobacco Licensing Board Statute) on July 26, 2009, and Waganakising 
Odawak Statute 2014-006 (Liquor and Tobacco License Violations Statute) 
on June 8, 2014.

    Dated: March 26, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.

Chapter 27. Liquor and Tobacco Licensing Board Statute

6.2701 Short Title
    This Statute may be cited as the ``Licensing Board.''

(Source: WOS 2009-019, July 26, 2009, Section I)
6.2702 Purpose
    The purpose of this Statute is to provide for the establishment of 
the Liquor and Tobacco Licensing Board that issues, renews and 
regulates liquor and tobacco licenses and permits in order to protect 
the rights and interest of Tribal Citizens.

(Source: WOS 2009-019, July 26, 2009, Section II)
6.2703 Definitions
    The following definitions apply in this Statute:
    A. ``Alcoholic Liquor'' means the four varieties of liquor 
(alcohol, spirits, wine and beer) and all fermented, spirituous, 
vinous, or malt liquor, or combinations thereof, and mixed liquor, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every liquor or solid or semi-solid or 
other substance, patented or not, containing alcohol, spirits, wine or 
beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semi-solid, 
solid, or other substance, which contains more than one percent of 
alcohol by weight shall be conclusively deemed to be intoxicating.
    B. ``Board'' means the Liquor and Tobacco Licensing Board.
    C. ``Cigarette'' means any roll for smoking, made wholly or in part 
of tobacco, irrespective of size or shape and irrespective of whether 
the tobacco is flavored, adulterated or mixed with any other 
ingredient, where such roll has a wrapper or cover made of paper or any 
material, except where such wrapper is wholly or in the greater part 
made of natural leaf tobacco in its natural state.
    D. ``Licensee'' means any person or entity, including any employee 
or agent of the Licensee, licensed by the Tribe to sell alcohol or 
tobacco on Tribal trust lands.
    E. ``LTBB'' or ``Tribe'' means the Waganakising Odawak Nation, also 
known as the Little Traverse Bay Bands of Odawa Indians.
    F. ``Person'' or ``Entity'' means any individual, firm, 
partnership, co-partnership, joint venture, association, social club, 
fraternal organization, corporation, estate, trust, receiver, trustee, 
syndicate or any other group or combination acting as a unit.
    G. ``Tobacco Products'' means all forms of tobacco prepared in such 
a manner as to be suitable for chewing or smoking including cigarettes, 
cigars, smoking tobacco, snuff, and chewing tobacco.

[[Page 17780]]

    H. ``Tribal Court'' means the Little Traverse Bay Bands of Odawa 
Tribal Court.

(Source: WOS 2009-019, July 26, 2009, Section III)
6.2704 Liquor and Tobacco Licenses
    A. Any person or entity that shall engage in the sale of alcohol or 
tobacco within the jurisdiction of the Tribe shall first obtain a 
license for such sale, provided that any person or entity engaging in 
such sales prior to the adoption of this Statute shall obtain a license 
within sixty (60) days from the enactment of this Statute.
    B. A license shall be valid for a period of one (1) year from the 
date of its issuance and shall expire automatically without notice on 
the expiration date stated in the license.
    C. No license shall be transferable.
    D. Temporary licenses for a limited time-frame and purpose may also 
be available.

(Source: WOS 2009-019, July 26, 2009, Section IV)
6.2705 Liquor and Tobacco Licensing Board
    A. The Liquor and Tobacco Licensing Board (``Board'') is hereby 
created within the Executive Branch to carry out the purposes stated in 
this Statute, and each annual budget submitted by the Executive shall 
include funding for the Board's operation subject to funding 
availability.
    B. The Board shall adopt policies and regulations to carry out its 
duties under this Statute, subject to Tribal Council approval. General 
application of Commission, Board, and Committee Statutes shall not 
apply to this board unless designated otherwise.
    C. The Board shall meet once a year in regular meetings and 
additionally if necessary within 15 days of receiving any request for 
action by the Board.
    D. Appointments, Term, Nepotism, and Conflict.
    1. The Board shall consist of three (3) members nominated by the 
Executive and confirmed by the Tribal Council. To be eligible for 
appointment a person must be a Tribal Citizen who is at least eighteen 
(18) years of age and is familiar with all Tribal liquor and tobacco 
laws, regulations, policies, and procedures. One Board member will have 
at least two years experience in law enforcement, legal, or judiciary. 
The Board members shall serve three-year terms with initial 
appointments being one member for one year, a second member for two 
years, and a third for three years to provide for staggered terms.
    2. Tribal employees may serve on the Board and may be compensated 
by stipend if the Board is not directly related to their employment, 
does not interfere with their work, and does not meet during scheduled 
work hours. If a Board meets during scheduled working hours and the 
staff member wishes to attend, the staff member must utilize PTO 
(personal time off), or flextime upon prior approval of the 
individual's supervisor.
    3. Two or more members of the same immediate family as defined in 
the Constitution shall not serve on the Board at the same time.
    4. No Board member may participate in making any decision that 
involves a personal or financial interest of the Board or a member of 
his or her immediate family unless such interest is held in common with 
the Tribe and its Citizens.
    E. Open Meetings and Records
    1. Board meetings shall be open to LTBB Citizens.
    2. Board records shall be open to LTBB Citizens.
    3. The Board must provide notice of meetings at least five days in 
advance of the meeting.
    F. Compensation and Stipends
    1. Board members who attend any meeting or hearing directly related 
to their duties or attend any event where their attendance is required 
may be compensated for attendance so long as there are funds available 
in the Board's budget.
    2. Board members shall receive a stipend for attendance at Board 
meetings subject to the availability of funds.
    3. Any Board member who attends a properly noticed meeting shall be 
eligible for a stipend, mileage, and expenses, even if no official 
action can be taken due to lack of a quorum.
(Source: WOS 2009-019, July 26, 2009, Section V)
6.2706 Authority
    A. The Board shall hear and decide the granting, denial, or renewal 
of licenses and permits.
    B. The Board shall hear and decide on the suspension or revocation 
of a license based on citations of violations.
    C. The Board shall hear and decide appeals on the issuance of 
citations.
    D. The Board may hire inspectors or investigators provided funding 
availability.

(Source: WOS 2009-019, July 26, 2009, Section VII)
6.2707 Appeals of Citations to the Board
    A. Any party who has received an issuance of citations and 
disagrees with the citation may appeal to the Board.
    1. An appeal of a citation must be filed within fourteen (14) days 
of the issuance of the citation. The party must file a written appeal 
to the Board including at a minimum:
    a. A clear and concise statement of the reason(s) the appellant 
believes the decision should be overturned by the Board; and
    b. The relief requested from the Board.
    B. The aggrieved party must be given an effective opportunity to 
defend themselves by confronting any adverse witnesses and by being 
allowed to present witnesses, evidence and arguments.
    C. The Board shall hear the appeal within fifteen (15) calendar 
days of filing, either during a regular meeting or special meeting 
called for that purpose, and issue its written ruling within ten (10) 
days of such hearing.

(Source: WOS 2009-019, July 26, 2009, Section VIII)
6.2708 Judicial Review
    A. Decisions of the Board may be appealed to the Tribal Court by 
filing a written appeal with the Court within ten (10) days of the 
Board's ruling. The Court shall uphold the decision of the Board unless 
the Court determines that the Board's decision is clearly arbitrary, 
capricious, or otherwise not in accordance with applicable law or 
regulations.
    B. The Tribal Council expressly waives the sovereign immunity of 
the Tribe and its agents for the limited purpose of reviewing the 
decisions of the Board under the standards set forth in Section VI.A 
and allowing for the remedies set forth in Section VI.C.
    C. In the event the Court finds the Board's decision to be clearly 
arbitrary, capricious, or otherwise not in accordance with applicable 
law or regulations, it shall enter an equitable order overturning the 
Board's action, but shall not award monetary damages.

(Source: WOS 2009-019, July 26, 2009, Section IX)
6.2709 Sovereign Immunity
    The Tribe, and all of its constituent parts, which includes but is 
not limited to Tribal enterprises, subordinate organizations, boards, 
committees, officers, employees and agents, are immune from suit in any 
jurisdiction except to the extent that such immunity has been clearly 
and expressly waived by Tribe Council.


[[Page 17781]]


(Source: WOS 2009-019, July 26, 2009, Section X)
6.2710 Regulations
    The Executive may develop Regulations as it deems necessary for the 
implementation of the intent of this Statute and shall forward such 
Regulations to the Tribal Council for approval.

(Source: WOS 2009-019, July 26, 2009, Section XI)
6.2711 Savings Clause
    In the event that any section, subsection, or phrase of this 
Statute is found by a court of competent jurisdiction to violate the 
Constitution or laws of the Little Traverse Bay Bands of Odawa Indians, 
such part shall be considered to stand alone and to be deleted from 
this Statute, the entirety of the balance of the Statute to remain in 
full and binding force and effect so long as the overall intent of the 
Statute remains intact.

(Source: WOS 2009-019, July 26, 2009, Section XII)
6.2712 Effective Date
    Effective upon the signature of the Executive, or 30 days from 
submission to the Executive branch, or if the Executive vetoes the 
legislation, then upon Tribal Council override of the veto.

(Source: WOS 2009-019, July 26, 2009, Section XIII)
Waganakising Odawak Statute 2014-006
Liquor and Tobacco License Violations Statute
Section I. Short Title
    This Statute may be cited as the ``License Violation Statute.'' 
This Statute repeals and replaces Waganakising Odawak Statute 1999-008 
and previous Statute WOS 1997-021, and any and all previous Statutes.
Section II. Purpose
    The purpose of this Statute is to provide for violations of Liquor 
and Tobacco Licenses issued by the Liquor and Tobacco Licensing Board 
that may impair the issuance or renewal of a liquor or tobacco license 
or may cause such licenses to be suspended or revoked in order to 
protect the rights and interest of the Tribe and Tribal Citizens.
Section III. Authority
    Tribal Council has the power and authority to regulate the liquor 
and tobacco sales and violations as set forth in this Statute in 
accordance with the Constitution, Article VII D (1), D (16), D (19), 
and D (24).
Section IV. Definitions
    The following definitions apply in this Statute:
    A. ``Alcoholic Liquor'' means the four varieties of liquor 
(alcohol, spirits, wine, and beer) and all fermented, spirituous, 
vinous, or malt liquor, or combinations thereof, and mixed liquor, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every liquor or solid or semi-solid or 
other substance, patented or not, containing alcohol, spirits, wine or 
beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semi-solid, 
solid, or other substance that contains more than one percent of 
alcohol by weight shall be conclusively deemed to be intoxicating.
    B. ``Board'' means the Liquor and Tobacco Licensing Board.
    C. ``Cigarette'' means any roll for smoking, made wholly or in part 
of tobacco, irrespective of size or shape and irrespective of whether 
the tobacco is flavored, adulterated or mixed with any other 
ingredient, where such roll has a wrapper or cover made of paper or any 
material, except where such wrapper is wholly or in the greater part 
made of natural leaf tobacco in its natural state.
    D. ``Licensee'' means any person or entity, includes any employee 
or agent of the Licensee, licensed by the Tribe to sell alcohol or 
tobacco on Tribal trust lands.
    E. ``LTBB'' or ``Tribe'' means the Waganakising Odawak Nation, also 
known as the Little Traverse Bay Bands of Odawa Indians.
    F. ``Person'' or ``Entity'' means any individual, firm, 
partnership, co-partnership, joint venture, association, social club, 
fraternal organization, corporation, estate, trust, receiver, trustee, 
syndicate or any other group or combination acting as a unit.
    G. ``Tobacco Products'' means all forms of tobacco prepared in such 
a manner as to be suitable for chewing or smoking including cigarettes, 
cigars, smoking tobacco, snuff, and chewing tobacco.
    H. ``Tribal Court'' means the Little Traverse Bay Bands of Odawa 
Tribal Court.
Section V. Liquor and Tobacco Licensing Board
    The Liquor and Tobacco Licensing Board established by WAGANAKISING 
STATUTE, LIQUOR AND TOBACCO LICENSING BOARD STATUTE, is an Executive 
Board and is authorized to implement this statute, as may be amended.
Section VI. Liquor Violations
    Citations may be issued for the violations of the following:
    A. Under the age of Twenty-One (21).
    1. A licensee shall not directly, individually, or by a clerk, 
agent, or servant knowingly sell, furnish, or give alcoholic liquor to 
a person under the age of twenty-one (21) or fail to make diligent 
inquiry as to whether the person is of age.
    2. A licensee shall not allow any person who is less than eighteen 
(18) years of age to sell or serve alcoholic liquor.
    B. Intoxicated Persons.
    1. A licensee shall not directly or indirectly, individually or by 
a clerk, agent, or servant sell, furnish, or give alcoholic liquor to a 
person who is visibly intoxicated.
    2. A licensee shall not allow an intoxicated person to consume 
alcoholic liquor on the licensed premises.
    C. Hours of Sales.
    1. A licensee shall not sell at retail, give away, or furnish 
alcoholic liquor between the following hours: 2 a.m. and 7 a.m. of any 
day.
    2. Variations:
    The except as modified by an intergovernmental agreement that may 
apply to a specific Tribal enterprise and 4 a.m. and 7 a.m. on January 
1 (New Year's Day).
    D. Extended Hours.
    An extended hour(s) permit is required for an on-premises licensee 
to allow for the sale or consumption of alcoholic liquor at any time 
other than the legal hours for the sale and consumption of alcoholic 
liquor.
    E. Sale of Adulterated or Mislabeled Liquor.
    1. A licensee by himself or by his agent or employee, shall not 
sell, offer for sale, or possess any alcoholic liquor that is 
adulterated or misbranded or any alcoholic liquor in bottles that have 
been refilled.
    2. Alcoholic liquor shall be deemed adulterated if it contains any 
liquids or other ingredients not placed there by the original 
manufacturer or bottler. For the purposes of this Section, alcoholic 
liquor shall be deemed misbranded when not plainly labeled, marked, or 
otherwise designated.
    3. Alcoholic liquor bottles shall be deemed to be refilled when the 
bottles contain any liquid or other ingredient not placed in the 
bottles by the original manufacturer.
    F. Premises.
    1. A Licensee shall not allow alcoholic liquor sold for on-premises

[[Page 17782]]

consumption to be removed from premises.
    2. A Licensee that sells wine on the premises may allow an 
individual who has purchased a meal and who has purchased and partially 
consumed a bottle of wine with the meal, to remove the partially 
consumed bottle from the premises upon departure, provided that the 
licensee or the licensee's clerk, agent, or employee shall reinsert a 
cork so that the top of the cork is level with the lip of the bottle.
    3. This section does not allow for the removal of any additional 
unopened bottles of wine unless the licensee is licensed to conduct off 
premises sales.
    4. This section does not prevent a hotel from allowing its invitees 
or guests to possess or consume, or both, on or about its premises, 
alcoholic liquor purchased by the invitee or guest from an off-premises 
retailer, and does not prevent a guest or invitee from entering and 
exiting the licensed premises with alcoholic liquor purchased from an 
off-premises retailer.
    5. An off-premise licensee who is not licensed as an on-premise 
licensee shall not have open containers of alcoholic liquor on the 
premises.
    6. An off-premise licensee who is not licensed as an on-premise 
licensee shall not allow the consumption of alcoholic liquor on the 
licensed premises, except as allowed in G (2).
    7. An off-premise licensee shall not give bottle or can openers to 
purchasers and shall not open bottles or cans of alcoholic liquor for 
purchasers on the licensed premises.
    8. An off-premise licensee shall not knowingly allow a person to 
consume alcoholic liquor on property owned, leased, or possessed by the 
licensee adjacent to the licensed premises.
    G. Giving Away Alcoholic Liquor
    1. A Licensee shall not give away any alcoholic liquor of any kind 
or description at any time in connection with his or her business, 
except manufacturers for consumption on the premises only.
    2. Exceptions:
    a. If the licensee is a hotel, the licensee may give away alcoholic 
liquor to an invitee or guest in connection with a business event or as 
a part of a room special or promotion for overnight accommodations.
    b. Licensee may allow samplings or tastings of any alcoholic liquor 
for which monetary gain or other remuneration could reasonably be 
expected.
    c. Tasting of alcoholic liquor as part of a bona fide market 
research organization that is conducted for a product before it is 
approved for sale.
    d. Licensee may allow giving a sampling or tasting of alcoholic 
liquor to an employee of the licensee during the legal hours for 
consumption for the purpose of educating the employee regarding 1 or 
more types of alcoholic liquor so long as the employee is at least 21 
years of age.
    H. Quantity of Alcohol.
    1. An on-premise licensee shall not sell, offer to sell, or 
advertise the sale of, an unlimited quantity of alcoholic liquor at a 
specific price.
    2. No licensee shall sell, offer to sell, or advertise the sale of, 
two or more identical drinks containing alcoholic liquor to a person 
for their consumption for one price. When two or more identical drinks 
containing alcoholic liquor are served to a person at one time, the 
price charged for the second drink shall be the same price as for the 
first drink.
    I. Prizes, alcohol use.
    A licensee shall not participate in or sponsor any contest that 
requires the use or consumption of alcoholic liquor or features 
alcoholic liquor as a prize in connection with a contest. Sponsored 
events that involve the purchase of alcoholic liquor for eligibility 
are exempt.
    J. Controlled Substances/Drug Paraphernalia.
    A licensee shall not allow the sale, possession, or consumption on 
the licensed premises of any controlled substances that are prohibited 
by Tribal, State of Michigan or Federal Law.
    K. Fights and Weapons.
    1. A licensee shall not allow fights on or in the licensed 
premises, other than promotional events such as boxing, cage fights, 
etc. Nor shall a licensee, or the clerk, servant, agent, or employee of 
the licensee, allow, on the licensed premises, the annoying or 
molesting of customers or employees by other customers or employees.
    2. A licensee shall not allow the unlawful possession or use of 
firearms, knives, or other weapons on the premises.
    L. Improper or No Display of Liquor License/Permits.
    Licenses issued by the commission shall be signed by the licensee, 
shall be framed under transparent material, and shall be prominently 
displayed in the licensed premises.
    M. Suspension of License.
    1. A licensee shall not sell, offer for sale, furnish, consume, or 
allow the consumption of, alcoholic liquor on the licensed premises 
during the period that the license is suspended by the Board.
    2. During the time of suspension of a license by the Board, the 
notice of the suspension shall be continuously posted in a conspicuous 
place on the licensed premises in full view of the public.
    N. Cooperation with Officers.
    A licensee, or clerk, servant, agent or employee of the licensee, 
shall not hinder or obstruct a law enforcement officer, commission 
inspector, or investigator in the course of investigating or inspecting 
the premises and shall not refuse, fail, or neglect to cooperate with a 
law enforcement officer, commission, inspector or investigator in the 
performance of his or her duties to enforce the act or commission 
rules.
Section VII. Tobacco Violations
    A. Prohibited Places. Smoking or carrying lighted tobacco in any 
form is prohibited in the following areas:
    1. Public areas designated as ``non-smoking''.
    2. Passenger elevators.
    3. Tribal Governmental Buildings.
    4. School Buildings.
    5. Child Care Centers. Smoking is permitted on these premises 
during the time these facilities are not in operation, but the operator 
of the facility must inform parents or guardians that smoking on the 
premises may occur during these times.
    6. Health Facilities. Smoking is prohibited in the common and 
treatment areas of health facilities, including hospitals, health 
clinics, and doctors' offices. Patients may be permitted to smoke if 
the medical staff determines that this prohibition would be detrimental 
to treatment. Smoking areas provided in these cases must be separately 
ventilated to ensure that there is a smoke-free environment in other 
patient care and common areas.
    7. Licensed Nursing Homes and Licensed Homes for the Aged. Licensed 
nursing homes and licensed homes for the aged must adopt a policy that 
regulates smoking to provide patients with the option of non-smoking 
rooms, and restrict patient smoking to private or semiprivate rooms or 
designated smoking areas. Visitors and staff are permitted to smoke in 
designated smoking areas only. Tobacco sales are prohibited in nursing 
homes, except as provided for by owners. Notices must be posted for 
smoking and non-smoking areas.
    8. Restaurants. Food service establishments seating fifty (50) or 
more persons must reserve a seating area for a nonsmoking section. All 
food service establishments seating fewer than fifty (50) people are 
not required to provide for a non-smoking section. Public areas in 
restaurants must be smoke-free. These areas include, but are not 
limited to, restrooms, coatrooms, and entrances.

[[Page 17783]]

Public areas do not include lobbies, waiting rooms, hallways, or 
lounges.
    B. Under the Age of Eighteen (18).
    1. A person shall not sell or furnish any tobacco product to a 
person less than eighteen (18) years of age.
    2. It is an affirmative defense that the defendant had, and 
continues to have in force, a written policy to prevent the sale of 
tobacco products to minors and enforces said policy.
    3. This does not apply to the handling or transportation of a 
tobacco product by a person under the age of eighteen (18) under the 
terms of employment.
    4. This does not interfere with the right of a parent or legal 
guardian in the rearing and management of their minor children within 
the bounds of their private premises.
    C. Sign Posting. A person who sells tobacco products at retail 
shall post, in a place close to the point of sale, conspicuous to both 
employees and customers, a sign produced by the Department of Community 
Health that states: ``THE PURCHASE OF TOBACCO PRODUCTS BY A MINOR UNDER 
18 YEARS OF AGE AND PROVISION OF TOBACCO PRODUCTS TO A MINOR ARE 
PROHIBITED BY LAW. A MINOR UNLAWFULLY PURCHASING OR USING TOBACCO 
PRODUCTS IS SUBJECT TO PENALTIES.''
    D. Internet Sales. All sales conducted through the Internet, by 
telephone, or in a mail-order transaction shall be prohibited.
    E. Single Cigarettes. A person who sells tobacco products at retail 
shall not sell a cigarette separately from its package. This does not 
apply to tobacco specialty stores or other retail stores that deal 
exclusively in the sale of tobacco products and smoking paraphernalia.
    F. Vending Machines Placement. Vending machines are restricted to 
areas that are not easily accessible to persons under the age of 
eighteen (18) and are within the direct visual supervision of an adult.
    G. Improper or no display of license/permits
    Licenses issued by the commission shall be signed by the licensee, 
shall be framed under transparent material, and shall be prominently 
displayed in the licensed premises.
    H. Suspension of License.
    1. A licensee shall not sell, offer for sale, or furnish, tobacco 
on the licensed premises during the period that the license is 
suspended by the Board.
    2. During the time of suspension of a license by the Board, the 
notice of the suspension shall be continuously posted in a conspicuous 
place on the licensed premises in full view of the public.
    I. Cooperation with Officers.
    A licensee, clerk, servant, agent, or employee of the licensee 
shall not hinder or obstruct a law enforcement officer, commission 
inspector, or investigator in the course of investigating or inspecting 
the premises and shall not refuse, fail, or neglect to cooperate with a 
law enforcement officer, commission inspector or investigator in the 
performance of his or her duties to enforce the act or commission 
rules.
Section VIII. Religious Freedom
    Nothing in this Statute shall prohibit American Indians from 
practicing any recognized religious ceremony, ritual, or activity in 
accordance with their Religious Freedom.
Section IX. Marketing
    A licensee shall not intentionally market for profit tobacco or 
tobacco products to persons under the age of eighteen (18).
Section X. Application of State Law
    Per the United States Code, 18 U.S.C. 1161, all acts or 
transactions regarding liquor control shall conform to this Statute or 
the laws of Michigan, whichever is more stringent. Nothing in this 
section or Statute is intended to allow the State of Michigan to 
exercise any jurisdiction over the Tribe, its members, or any persons 
or transactions within jurisdiction of the Tribe. Nothing in this 
section or statute is intended to in any way waive or limit the 
sovereign immunity of the Tribe.
Section XI. Enforcement
    A. The Tribal Law Enforcement Department is authorized to issue 
citations for violations of this Statute.
    B. Any inspectors and/or investigators hired by the Board are 
authorized to issue citations of violations of this Statute.
Section XII. Savings Clause
    In the event that any section, subsection or phrase of this Statute 
is found by a court of competent jurisdiction to violate the 
Constitution or laws of the Little Traverse Bay Bands of Odawa Indians, 
such part shall be considered to stand alone and to be deleted from 
this Statute, the entirety of the balance of the Statute to remain in 
full and binding force and effect so long as the overall intent of the 
Statute remains intact.
Section XIII. Effective Date
    Effective upon the signature of the Executive, or 30 days from 
submission to the Executive branch, or if the Executive vetoes the 
legislation, then upon Tribal Council override of the veto.
[FR Doc. 2015-07614 Filed 4-1-15; 8:45 am]
BILLING CODE CODE 4337-15-P
17782 Federal Register / Vol. 80, No. 63 / Thursday, April 2, 2015 / Notices

consumption to be removed from d. Licensee may allow giving a in a conspicuous place on the licensed
premises. sampling or tasting of alcoholic liquor to premises in full view of the public.
2. A Licensee that sells wine on the an employee of the licensee during the N. Cooperation with Officers.
premises may allow an individual who legal hours for consumption for the A licensee, or clerk, servant, agent or
has purchased a meal and who has purpose of educating the employee employee of the licensee, shall not
purchased and partially consumed a regarding 1 or more types of alcoholic hinder or obstruct a law enforcement
bottle of wine with the meal, to remove liquor so long as the employee is at least officer, commission inspector, or
the partially consumed bottle from the 21 years of age. investigator in the course of
premises upon departure, provided that H. Quantity of Alcohol. investigating or inspecting the premises
the licensee or the licensee’s clerk, 1. An on-premise licensee shall not and shall not refuse, fail, or neglect to
agent, or employee shall reinsert a cork sell, offer to sell, or advertise the sale of, cooperate with a law enforcement
so that the top of the cork is level with an unlimited quantity of alcoholic officer, commission, inspector or
the lip of the bottle. liquor at a specific price. investigator in the performance of his or
3. This section does not allow for the 2. No licensee shall sell, offer to sell, her duties to enforce the act or
removal of any additional unopened or advertise the sale of, two or more commission rules.
bottles of wine unless the licensee is identical drinks containing alcoholic
Section VII. Tobacco Violations
licensed to conduct off premises sales. liquor to a person for their consumption
4. This section does not prevent a for one price. When two or more A. Prohibited Places. Smoking or
hotel from allowing its invitees or guests identical drinks containing alcoholic carrying lighted tobacco in any form is
to possess or consume, or both, on or liquor are served to a person at one prohibited in the following areas:
about its premises, alcoholic liquor time, the price charged for the second 1. Public areas designated as ‘‘non-
purchased by the invitee or guest from drink shall be the same price as for the smoking’’.
an off-premises retailer, and does not first drink. 2. Passenger elevators.
prevent a guest or invitee from entering I. Prizes, alcohol use. 3. Tribal Governmental Buildings.
and exiting the licensed premises with A licensee shall not participate in or 4. School Buildings.
alcoholic liquor purchased from an off- sponsor any contest that requires the 5. Child Care Centers. Smoking is
premises retailer. use or consumption of alcoholic liquor permitted on these premises during the
5. An off-premise licensee who is not or features alcoholic liquor as a prize in time these facilities are not in operation,
licensed as an on-premise licensee shall connection with a contest. Sponsored but the operator of the facility must
not have open containers of alcoholic events that involve the purchase of inform parents or guardians that
liquor on the premises. alcoholic liquor for eligibility are smoking on the premises may occur
6. An off-premise licensee who is not exempt. during these times.
licensed as an on-premise licensee shall J. Controlled Substances/Drug 6. Health Facilities. Smoking is
not allow the consumption of alcoholic Paraphernalia. prohibited in the common and
liquor on the licensed premises, except A licensee shall not allow the sale, treatment areas of health facilities,
as allowed in G (2). possession, or consumption on the including hospitals, health clinics, and
7. An off-premise licensee shall not licensed premises of any controlled doctors’ offices. Patients may be
give bottle or can openers to purchasers substances that are prohibited by Tribal, permitted to smoke if the medical staff
and shall not open bottles or cans of State of Michigan or Federal Law. determines that this prohibition would
alcoholic liquor for purchasers on the K. Fights and Weapons. be detrimental to treatment. Smoking
licensed premises. 1. A licensee shall not allow fights on areas provided in these cases must be
8. An off-premise licensee shall not or in the licensed premises, other than separately ventilated to ensure that
knowingly allow a person to consume promotional events such as boxing, cage there is a smoke-free environment in
alcoholic liquor on property owned, fights, etc. Nor shall a licensee, or the other patient care and common areas.
leased, or possessed by the licensee clerk, servant, agent, or employee of the 7. Licensed Nursing Homes and
adjacent to the licensed premises. licensee, allow, on the licensed Licensed Homes for the Aged. Licensed
G. Giving Away Alcoholic Liquor premises, the annoying or molesting of nursing homes and licensed homes for
1. A Licensee shall not give away any customers or employees by other the aged must adopt a policy that
alcoholic liquor of any kind or customers or employees. regulates smoking to provide patients
description at any time in connection 2. A licensee shall not allow the with the option of non-smoking rooms,
with his or her business, except unlawful possession or use of firearms, and restrict patient smoking to private
manufacturers for consumption on the knives, or other weapons on the or semiprivate rooms or designated
premises only. premises. smoking areas. Visitors and staff are
2. Exceptions: L. Improper or No Display of Liquor permitted to smoke in designated
a. If the licensee is a hotel, the License/Permits. smoking areas only. Tobacco sales are
licensee may give away alcoholic liquor Licenses issued by the commission prohibited in nursing homes, except as
to an invitee or guest in connection with shall be signed by the licensee, shall be provided for by owners. Notices must be
a business event or as a part of a room framed under transparent material, and posted for smoking and non-smoking
special or promotion for overnight shall be prominently displayed in the areas.
accommodations. licensed premises. 8. Restaurants. Food service
b. Licensee may allow samplings or M. Suspension of License. establishments seating fifty (50) or more
tastings of any alcoholic liquor for 1. A licensee shall not sell, offer for persons must reserve a seating area for
tkelley on DSK3SPTVN1PROD with NOTICES

which monetary gain or other sale, furnish, consume, or allow the a nonsmoking section. All food service
remuneration could reasonably be consumption of, alcoholic liquor on the establishments seating fewer than fifty
expected. licensed premises during the period that (50) people are not required to provide
c. Tasting of alcoholic liquor as part the license is suspended by the Board. for a non-smoking section. Public areas
of a bona fide market research 2. During the time of suspension of a in restaurants must be smoke-free.
organization that is conducted for a license by the Board, the notice of the These areas include, but are not limited
product before it is approved for sale. suspension shall be continuously posted to, restrooms, coatrooms, and entrances.

VerDate Sep<11>2014 18:52 Apr 01, 2015 Jkt 235001 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\02APN1.SGM 02APN1
Document Created: 2018-02-21 10:03:33
Document Modified: 2018-02-21 10:03:33
Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		This ordinance shall become effective 30 days after April 2, 2015.
Contact		Mr. David Christensen, Tribal Operations Officer, Midwest Regional Office, Bureau of Indian Affairs, 5600 West American Blvd., Suite 500, Bloomington, Minnesota 55437, Telephone: (612) 725-4554; Fax: (612) 713-4401, or Ms. Laurel Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513- 7641.
FR Citation		80 FR 17779
80 FR 17779 - Little Traverse Bay Bands of Odawa Indians Liquor Control Statute

DEPARTMENT OF THE INTERIORBureau of Indian Affairs

Federal Register Volume 80, Issue 63 (April 2, 2015)

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
