[HISTORY: Adopted by the Tribal Council of the Nottawaseppi
Huron Band of the Potawatomi 10-18-2012 by Res. No. 10-18-12-12 (Title VIII, Ch.
4, of the Tribal Code). Amendments noted where applicable.]
A.
Purpose. The purpose of this chapter is to prohibit the importation,
manufacture, distribution and sale of liquor and alcoholic beverages
on the Reservation except pursuant to a license issued by the Tribe
under the provisions of this chapter and other applicable tribal laws.
B.
Authority. The Tribal Council has authority to adopt this Liquor
Control Code ("code") pursuant to the authority and powers vested
in it by Article VI, Section 1(a), (h) and (l) of the Constitution
and the inherent authority of the Tribe to provide for the health,
safety and welfare of the Tribe. Further, the United States Supreme
Court held in United States v. Mazurie, 419 U.S. 544 (1975), that
Congress through 18 U.S.C. § 1161 delegated to Indian tribes
authority to control the introduction, distribution and consumption
of alcoholic liquor within Indian country.
The introduction, possession, transportation, and sale of intoxicating
beverages shall be lawful within the Indian country under the jurisdiction
of the Tribe, provided that such introduction, possession, transportation,
and sale are in conformity with the laws of the State of Michigan
and with the provisions of this chapter.
As used in this chapter, the following definitions apply:
That substance known as ethyl alcohol, hydrated oxide of
ethyl, or spirit of wine, which is commonly produced by the fermentation
or distillation of grain, starch, molasses, or sugar, or other substances,
including all dilutions and mixtures of this substance.
A compound for human consumption as a drink that contains
more than 0.5% of alcohol by volume.
Any beverage obtained by the alcoholic fermentation of an
infusion or decoction of pure hops, or pure extract of hops and pure
barley malt or other wholesome grain or cereal in pure water containing
not more than 4% of alcohol by weight and not less than 1/2 of 1%
of alcohol by volume. For the purposes of this chapter, any such beverage,
including ale, stout and porter, containing more than 4% of alcohol
by weight shall be referred to as "strong beer."
This code (chapter), which provides for the authorization
and regulation of alcoholic beverages adopted pursuant to 18 U.S.C.
§ 1161.
A building or group of buildings located on the same or adjoining
pieces of real property, which provide lodging to travelers or tourists
and which may also provide food service and other goods and services
to registered guests and to the public.
Spouse, brother, sister, child or parent.
A person whose mental or physical functioning is substantially
impaired as a result of the use of alcohol.
Includes the licensee's employees and agents and means
one who holds a valid license from the Tribe to sell alcoholic beverages
at retail on the Reservation.
The four varieties of liquor herein defined (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. Every
liquid 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 1% of alcohol by weight shall be conclusively deemed to
be liquor within the meaning of this chapter.
A person under 21 years of age.
A license issued to a business where alcoholic beverages
are served and consumed on the licensed premises and the licensee
meets the following conditions:
Any applicant for a liquor license.
All lands, the title to which is held in trust by the United
States for the benefit of the Nottawaseppi Huron Band of the Potawatomi;
and all lands proclaimed by the Secretary of the Interior to be part
of the Tribe's Reservation. The term "Reservation" includes any
rights-of-way running through the Reservation.
Any beverage which contains alcohol by distillation, including
wines exceeding 17% of alcohol by weight.
The Nottawaseppi Huron Band of the Potawatomi Tribal Council,
the governing body of the Nottawaseppi Huron Band of the Potawatomi.
Nottawaseppi Huron Band of the Potawatomi.
Any alcoholic beverage obtained by fermentation of fruits
(grapes, berries, apples, etc.) or other agricultural products containing
sugar, to which any saccharine substances may have been added before,
during or after fermentation and containing not more than 17% of alcohol
by weight, including sweet wines fortified with wine spirits, such
as port, sherry, muscatel and angelica, not exceeding 17% of alcohol
by weight.
No person shall engage in the sale of intoxicating beverages
within the Reservation or Indian country under the jurisdiction of
the Tribe, unless duly licensed, permitted or authorized to do so
by the Tribe in accordance with the terms of this chapter and the
State of Michigan, including Section 10 of the Tribal-State Class
III Gaming Compact.
No tribal license shall issue under this chapter except upon
a sworn application filed with the Tribal Council containing the following:
A.
Agreement by the applicant to accept and abide by all conditions
of the tribal license and federal law.
B.
Sworn statement that the applicant has not been convicted of a felony.
C.
In the case of the tribally operated casino, the application shall
be in the name of the FireKeepers Hotel & Casino and shall be
filed by the chief executive officer or general manager of the Casino.
D.
Satisfactory proof that notice of the application has been posted in a prominent, noticeable place on the premises where intoxicating beverages are to be sold for at least ten (10) days prior to consideration by the Tribal Council and has been published at least once in such local newspaper serving the community that may be affected by the license as the Tribal Council Chairman or Secretary may authorize. The notice shall state the date, time and place when the application shall be considered by the Tribal Council pursuant to § 8.4-6 of this chapter.
All applications for a tribal liquor license shall be considered
by the Tribal Council in open session at which the applicant, his
attorney and any person protesting the application shall have the
right to be present, and to offer sworn oral or documentary evidence
relevant to the application. After the hearing, the Tribal Council
shall determine whether to grant or deny the application, based on:
Any tribal license issued under this chapter shall be subject
to such reasonable conditions as the Tribal Council shall fix, including,
but not limited to, the following:
A.
The license shall be for a term of one (1) year.
B.
The licensee shall at all times maintain an orderly, clean, and neat
establishment, both inside and outside the licensed premises.
C.
The licensed premises shall be subject to patrol by the Tribal Police
Department, and such other law enforcement officials as may be authorized
under federal or tribal law.
D.
The licensed premises shall be open to inspection by duly authorized
tribal officials at all times during the regular business hours.
E.
Subject to the provisions of Subsection F of this section, no intoxicating beverages shall be sold, served, disposed of, delivered or given to any person or consumed on the licensed premises except in conformity with the hours and days prescribed by the laws of the State of Michigan, and in accordance with the hours fixed by the Tribal Council, provided that the licensed premises shall not operate or open earlier or operate or close later than is permitted by the laws of the State of Michigan.
F.
No liquor shall be sold within 200 feet of a polling place on tribal
election days, or when a referendum is held of the people of the Tribe,
or on special days of observance as designated by the Tribal Council.
G.
Any spirits resold for consumption at a Class III gaming establishment
shall be purchased from the Michigan Liquor Control Commission, and
beer and wine from distributors licensed by the Michigan Liquor Control
Commission.
H.
All acts and transactions under authority of the tribal liquor license
shall be in conformity with the laws of the State of Michigan, and
shall be in accordance with this chapter and any tribal license issued
pursuant to this chapter.
I.
No person under the age permitted under the law of the State of Michigan
shall be sold, served, delivered, given or allowed to consume alcoholic
beverages in the licensed establishment and/or area.
J.
Alcoholic beverages shall not be given away in any facility licensed
under this chapter; provided that this restriction shall not prohibit
the holder of an on-premises resort license from giving away alcoholic
beverages to an invitee or guest in connection with a business event
or as part of a room special or promotion for overnight accommodations.
K.
No person licensed under this chapter shall sell, deliver, give away,
or cause to be sold, delivered, or given away any alcoholic beverage
to any intoxicated person, or any person who appears to be intoxicated.
Notwithstanding any other provision of this chapter, a tribal
liquor license is a mere permit for a fixed duration of time. A tribal
liquor license shall not be deemed a property right or vested right
of any kind, and the granting of a tribal liquor license shall not
give rise to a presumption or legal entitlement to the granting of
such license for a subsequent time period.
No tribal license issued under this chapter shall be assigned
or transferred without the written approval of the Tribal Council
expressed by formal resolution.
Any license issued hereunder may be suspended or canceled by
the Tribal Council for the breach of any of the provisions of this
chapter, or of the tribal license, upon hearing before the Tribal
Council after ten (10) days' notice to the licensee. The decision
of the Tribal Council shall be final.
A.
In accordance with 18 U.S.C. § 1161, the Tribe hereby adopts
and applies as tribal law those Michigan laws, as amended, relating
to the sale and regulation of alcoholic beverages encompassing the
following areas: sale to a minor; sale to a visibly intoxicated individual;
sale of adulterated or misbranded liquor; hours of operation; and
similar substantive provisions. The tribal laws that are defined by
reference to the substantive areas of Michigan laws referred to in
this section shall apply in the same manner and to the same extent
as such laws apply elsewhere in Michigan to off-Reservation transactions
unless otherwise agreed by the Tribe and state. Whenever such Michigan
laws are incorporated by reference, amendments to those laws shall
also be deemed to be incorporated upon their effective date in the
State of Michigan, without further action by the Tribal Council.
B.
Nothing in this chapter shall be construed as a consent by the Tribe
to the jurisdiction of the State of Michigan or any of its courts
or subordinate political subdivisions or municipalities within the
Reservation over any activity arising under or related to the subject
of this chapter, nor shall anything in this chapter constitute an
express or implied waiver of the sovereign immunity of the Tribe.
Any person adjudged to be in violation of this chapter, including
any lawful regulation under this chapter, shall be subject to a civil
fine of not more than $500 for each such violation. The Tribal Council
may adopt by resolution a separate schedule for fines for each type
of violation, taking into account the seriousness and threat the violation
may pose to the general health and welfare. Such schedule may also
provide, in the case of repeated violations, for imposition of monetary
penalties greater than the $500 limitation set forth above. The penalties
provided for in this section shall be in addition to any criminal
penalties that may be imposed under applicable law.
Any violation of this chapter shall constitute a public nuisance.
The Tribe may initiate and maintain an action in Tribal Court to abate
and permanently enjoin any nuisance declared under this chapter. Any
action taken under this section shall be in addition to any other
penalties provided for in this chapter or elsewhere under tribal or
federal law. The Tribe shall not be required to give bond in an action
under this section.
The Tribal Council is authorized to adopt such regulations as
may be necessary to implement the provisions of this chapter.
