[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
This ordinance may be cited as the "Liquor Ordinance" of the
Grand Traverse Band of Ottawa and Chippewa Indians.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
As required by 18 U.S.C. § 1161, this ordinance is
in conformity with relevant provisions of State law and is enacted
pursuant to Article IV of the Constitution of the Grand Traverse Band
of Ottawa and Chippewa Indians.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
(a) This ordinance shall be deemed an exercise of the police and regulatory
powers of the Grand Traverse Band of Ottawa and Chippewa Indians in
order to promote Tribal self-determination and to protect the public
welfare, and all provisions of this ordinance shall be liberally construed
for the accomplishment of these purposes.
(b) Nothing in this ordinance may be construed as a waiver of Tribal
sovereign immunity.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
In this ordinance, unless the context otherwise requires:
(a) "alcoholic beverage" means any of the following:
(1)
Any spirituous, vinous, malt or fermented liquor, liquid or
compound, whether or not medicated, proprietary, patented, and by
whatever name called, containing 0.5% or more alcohol by volume, which
is commonly used or reasonably adopted to use for beverage purposes;
(2)
Any beverage obtained by alcoholic fermentation of an infusion
or decoction of barley, malt, hops or other cereal in potable water;
(3)
Any product made by the normal alcoholic fermentation of the
juice of sound, ripe grapes, or any other fruit with the usual cellar
treatment, and containing not more than 21% of alcohol by volume,
including fermented fruit juices other than grapes and mixed wine
drinks;
(4)
Any beverage that contains alcohol obtained by distillation,
mixed with potable water or other substances, or both, in solution,
and includes wine containing an alcoholic content of more than 21%
by volume, except sacramental wine and mixed spirit drink;
(5)
Any drink or similar product marketed as a wine cooler that
contains less than 7% alcohol by volume, consists of wine or cider
and plain, sparkling or carbonated water, and contains any one or
more of the following: (a) nonalcoholic beverages; (b) flavoring;
(c) coloring materials; (d) fruit juices; (e) fruit adjuncts; (f)
sugar; (g) carbon dioxide; (h) preservatives.
(b) "liquor" means any alcoholic beverage.
(c) "person" means a natural person, firm, association, corporation,
or other legal entity.
(d) "premises" means specified locations within Tribal lands where alcoholic
beverages may be sold as described in a license issued by the Tribal
Council.
(e) "secretary" means the Secretary of the United States Department of
the Interior.
(f) "state" means the State of Michigan, which regulates matters pertaining
to the consumption, possession, delivery and/or sale of alcoholic
beverages within the State through its Liquor Control Commission.
(g) "tribal Council" means the Tribal Council of the Grand Traverse Band
of Ottawa and Chippewa Indians.
(h) "tribal lands" means:
(1)
Land within the limits of the Grand Traverse Band of Ottawa
and Chippewa Indians' Reservation, notwithstanding the issuance of
any patent, and including rights-of-way running through the reservation;
and/or
(2)
Land over which the Grand Traverse Band of Ottawa and Chippewa
Indians exercises governmental power and which is either held in trust
by the United States for the benefit of the Grand Traverse Band, or
held by the Tribe or by one of its members subject to restriction
by the United States against alienation.
(i) "Tribal license" means an official action by the Tribal Council which
authorizes the manufacture and/or sale of alcoholic beverages for
consumption either on the premises and/or away from the premises.
The manufacture, sale and/or delivery of alcoholic beverages intended
for consumption away from Tribal lands must also comply with relevant
provisions of State law.
(j) "Tribal representative" means the Tribal Manager, a program director,
or manager of a subsidiary enterprise of the Tribe.
(k) "Tribe" means the Grand Traverse Band of Ottawa and Chippewa Indians.
(l) "vendor" means a person licensed under this ordinance to sell alcoholic
beverages, or a person employed by a vendor to do so.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
(a) It is the policy of the Tribe that no manufacture, sale, delivery,
or importation of alcoholic beverages shall occur in Tribal lands
unless such manufacture, sale, delivery or importation is by a person
licensed under this ordinance to do so, or by prior written order
of the Tribal Council.
(b) All alcoholic beverages for sale, use, storage, or distribution in
Tribal lands shall originally be purchased by and imported into Tribal
lands by a person licensed under this ordinance to do so, unless such
alcoholic beverages are manufactured under appropriate Tribal license
within the Tribal lands, or by prior written order of the Tribal Council.
(c) This section shall not apply in the case of alcoholic beverages brought
into Tribal lands personally by a person aged 21 years or older to
purchase or manufacture alcoholic beverages for personal or household
use.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
(a) Except in compliance with this ordinance, no person shall sell, trade,
transport, manufacture, use or possess any alcoholic beverage or any
other substance whatsoever which is capable of producing alcohol or
other intoxication, intended for consumption on the premises, nor
may any person aid or abet another person in doing any of the foregoing.
(b) No vendor shall permit any person under the age of 18 on premises
licensed under this ordinance, unless accompanied by an adult who
is the legal guardian or parent of the minor.
(c) No vendor shall sell, serve or allow to be consumed on premises licensed
under this ordinance, alcoholic beverages other than during the hours
permitted by its license.
(d) Except in compliance with this ordinance, no person shall sell, trade,
transport, manufacture, use or possess any alcoholic beverage, or
any other substance whatsoever which is capable of producing alcohol
or other intoxication, intended for distribution away from premises,
nor may any person aid or abet another person in any of the foregoing.
(e) It shall be a violation of this ordinance for any person, by himself
or by his agent or employee, to manufacture, sell, offer for sale,
or possess any alcoholic beverage which is adulterated or misbranded
or any alcoholic beverage in bottles which have been refilled. For
the purposes of this section:
(1)
Alcoholic beverages shall be deemed adulterated if they contain
any liquid or other ingredient not placed there by the original manufacturer
or bottler, other than by order of a consumer for immediate consumption
on the premises;
(2)
Alcoholic beverages shall be deemed misbranded when not plainly
labeled, marked or otherwise designated;
(3)
Alcoholic beverages 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.
(4)
This Subsection 406(e) does not apply to beer containers. [cf.
MCL 436.2005(5)]
(f) It shall be a violation of this ordinance for any vendor to sell
or furnish any alcoholic beverage to a person unless that person has
attained 21 years of age.
(1)
No vendor may knowingly sell or furnish any alcoholic beverage
to a person who is younger than 21 years of age, or fail to make diligent
inquiry as to whether the person is 21 years of age.
(2)
A suitable sign which describes this section and the penalties
for violating this section shall be posted in a conspicuous place
in each room where alcoholic beverages are sold.
(g) It shall be a violation of this ordinance for any vendor to sell
or furnish any alcoholic beverage to any person who is visibly intoxicated
at the time, or who is known to the vendor to be a habitual drunkard.
(h) It shall be a violation of this ordinance for any person younger
than 21 years of age to purchase, attempt to purchase, possess or
consume any alcoholic beverage, or for such a person to misrepresent
his age for the purpose of purchasing or attempting to purchase such
alcoholic beverage.
(i) Upon attempt to purchase any alcoholic beverage on premises licensed
under this ordinance by any person who appears to the vendor to be
younger than 21 years of age, that vendor shall demand, and the prospective
purchaser upon such demand shall display, satisfactory evidence that
he is of legal age. It shall be a violation of this ordinance for
any person to present to any vendor falsified evidence as to his age.
(j) No person under this ordinance shall make any delivery of any alcoholic
beverage outside the premises described in the license, unless the
license permits distribution of alcoholic liquor for consumption away
from the premises.
(k) No person, directly or indirectly, himself or herself or by his or
her clerk, agent or employee shall manufacture, manufacture for sale,
sell, offer or keep for sale, barter, furnish, or import, import for
sale, transport for hire, or transport, or possess any alcoholic beverage
unless that person complies with this ordinance.
(l) In order to retain its alcoholic beverage license under this ordinance,
any Tribal operation is required to comply with other applicable Tribal
law, as well as with the provisions of this ordinance.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
(a) Upon written authorization by a Tribal representative, the Tribal
Council may issue a license authorizing:
(1)
The manufacture and/or sale of alcoholic beverages intended
solely for consumption on the premises; and/or
(2)
The manufacture and/or sale of alcoholic beverages intended
solely for consumption away from the premises.
(b) All such license applications must set forth the purpose for which
the license is sought, together with a description of the premises
upon which the alcoholic beverage manufacture and/or sales are proposed
to take place.
(c) In its sole discretion, the Tribal Council shall have the power and
authority to determine the numbers and types of alcoholic beverage
licenses to be issued pursuant to this ordinance.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
(a) Any complaint regarding violation of any provision of this ordinance
shall be referred to the Tribal Prosecutor, who may cause such complaint
to be placed in writing and served personally or by registered mail
upon the licensee or other person against whom that complaint is made.
(b) A hearing on any such complaint shall be held by the Tribal Court
not less than seven days nor more than 28 days after service of the
complaint upon the licensee or other person against whom that complaint
is made.
(c) Any Indian person [defined in 9 GTBC § 102(a)] who violates
any provision of this ordinance may be charged with a misdemeanor
criminal offense and may be prosecuted pursuant to 9 GTBC § 107(s).
If convicted, the Tribal Court may impose a fine of not greater than
$1,000, or imprisonment not exceeding 60 days in the Tribal jail,
or by both such fine and imprisonment.
(d) Any non-Indian person who violates any provision of this ordinance
may be charged with and prosecuted for a civil offense, and if convicted,
may be subject to civil sanctions which the Tribal Council may prescribe,
and/or may be excluded from Tribal lands.
(e) Any person who violates any provision of this ordinance for which
a specific penalty is not provided shall be subject to a fine of not
less than $100, nor more than $5,000, or by imprisonment in the Tribal
jail for not more than 60 days, or by both such fine and imprisonment,
plus costs.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
If any section or provision of this ordinance or the application
thereof to any party or class, or to any circumstances, shall be held
to be invalid for any cause whatsoever, the remainder of this ordinance
shall not be affected thereby and shall remain in full force and effect
as though no part thereof had been declared to be invalid.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
This ordinance may be amended or repealed only by majority vote
of the Tribal Council in regular session.
[History: Liquor Ordinance, adopted by Tribal Council on
November 23, 1993, memorialized and submitted to the Secretary of
the Interior in Tribal Act #93-11.84; as amended by Tribal motion,
enacted by the Tribal Council 7-27-2016.]
The effective date of this ordinance shall be the date upon
which it is certified by the Secretary or his delegate and published
in the Federal Register in accordance with 18 U.S.C. § 1161.