Chitimacha Tribe of Louisiana Liquor Ordinance

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Chitimacha Tribe of Louisiana Liquor Ordinance

AGENCY: Bureau of Indian Affairs.

ACTION: Notice.

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SUMMARY: This notice is published in accordance with authority

delegated by the Secretary of the Interior to the Assistant Secretary-

Indian Affairs by 209 DM 8, and in accordance with the Act of August

15, 1953, 67 Stat. 586, 18 U.S.C. Sec. 1161, as interpreted by the

Supreme Court in, Rice v. Rehner, 463 U.S. 713 (1983). I certify that

the Chitimacha Tribe of Louisiana Liquor Ordinance was duly adopted by

Resolution No. CHI-TC # 3-97 of the Chitimacha Tribe of Louisiana

Tribal Council on January 2, 1997. The ordinance provides for the

regulation, sale, possession and use of alcholic liquor within the

Tribe's jurisdiction.

DATES: This ordinance is effective as of September 9, 1997.

FOR FURTHER INFORMATION CONTACT: Jerry Cordova, Office of Tribal

Services, 1849 C Street, N.W., MS 4641 MIB, Washington, D.C. 20240-

4001; telephone (202)208-4401.

SUPPLEMENTARY INFORMATION: The Chitimacha Tribe of Louisiana Liquor

Ordinance shall read as follows:

Title XIV--Tribal Licenses and Permits

Chapter 1. Liquor Licenses and Permits

Sec. 101. Conformity with State Law and This Ordinance

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 and sale

are in conformity with the laws of the State of Louisiana and with the

provisions of this ordinance.

Sec. 102. Tribal License or Permit Required

No person shall engage in the sale of intoxicating beverages within

the Indian country under the jurisdiction of the Tribe, unless duly

licensed or permitted to do so by the Tribe in accordance with the

terms of this Ordinance and the State of Louisiana.

Sec. 103. Application for Tribal Liquor License; Requirements

No tribal license shall issue under this Ordinance except upon a

sworn application filed with the Council containing a full and complete

showing of the following:

(a) Satisfactory proof that the applicant is or will be duly

licensed by the State of Louisiana.

(b) Satisfactory proof that the applicant is of good character and

reputation among the people of the

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Reservation and that the applicant is financially responsible.

(c) The description of the premises in which the intoxicating

beverages are to be sold, proof that the applicant is the owner of such

premises, or lessee of such premises, for at least the term of the

license.

(d) Agreement by the applicant to accept and abide by all

conditions of the tribal license.

(e) Payment of a $250.00 fee, is prescribed by the Council.

(f) Satisfactory proof that neither the applicant nor the

applicant's spouse has ever been convicted of a felony.

(g) 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 30 days prior to

consideration by the Council and has been published at least twice in

such local newspaper serving the community that may be affected by the

license as the Tribal Chairman or Secretary may authorize. The notice

shall state the date, time and place when the application shall be

considered by the Council pursuant to Section 104 of this Ordinance.

Sec. 104. Hearing on Application for Tribal Liquor License

All applications for a tribal liquor license shall be considered by

the 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 Council, by secret ballot,

shall determine whether to grant or deny the application, based on:

(1) Whether the requirements of Section 103 have been met and;

(2) Whether the Council, in its discretion, determines that

granting the license is in the best interests of the Tribe.

In the event that the applicant is a member of the Tribal Council,

or a member of the immediate family of a Council member, such member

shall not vote on the application or participate in the hearings as a

Council member.

Sec. 105. Temporary Permits

The Council or their designee may grant a temporary permit for the

sale of intoxicating beverages for a period not to exceed three (3)

days to any person applying for the same in connection with a tribal or

community activity, provided that the conditions prescribed in Sections

106(b), 106(c), 106(d), 106(h), and 106(i) of this Ordinance shall be

observed by the permittee. Each permit issued shall specify the types

of intoxicating beverages to be sold. Further, a fee of $25.00 will be

assessed on temporary permits.

Sec. 106. Conditions of the Tribal License

Any tribal license issued under this Title shall be subject to such

reasonable conditions as the Council shall fix, including, but not

limited to the following:

(a) The license shall be for a term of one year.

(b) The license 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 Louisiana, and in accordance with the hours fixed by the

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 Louisiana.

(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, and including special days of observance as designated by the

Council.

(g) All acts and transactions under authority of the tribal liquor

license shall be in conformity with the laws of the State of Louisiana,

and shall be in accordance with this Ordinance and any tribal license

issued pursuant to this Ordinance.

(h) No person under the age permitted under the law of the State of

Louisiana shall be sold, served, delivered, given or allowed to consume

alcoholic beverages in the licensed establishment and/or area.

(i) There shall be no discrimination in the operations under the

tribal license by reason of race, color or creed. Provided, that the

Council shall not grant to the licensee, by way of a condition of the

license, or otherwise, any privilege or benefit relating to the hours

and days of operation of the licensed premises, greater than those

permitted by the laws of the State of Louisiana.

Sec. 107. License Not a Property Right

Notwithstanding any other provision of this Ordinance, a tribal

liquor license is a mere permit for a fixed duration of time. A tribal

license shall not be deemed a property right or vested right of any

kind, nor shall the granting of a tribal liquor license give rise to a

presumptive or legal entitlement to the granting of such license for a

subsequent time period.

Sec. 108. Assignment or Transfer

No tribal license issued under this Ordinance shall be assigned or

transferred without the written approval of the Council expressed by

formal resolution.

Sec. 109. Cancellation and Suspension

Any license issued hereunder may be suspended or cancelled by the

Council for the breach of any of the provisions of this Ordinance, or

of the tribal license upon hearing before the Council after 10 days

notice to the licensee. The decision of the Council shall be final.

Sec. 110. Allocation of Fees

Any and all License and/or Permit fees collected pursuant to

Chapter 1 shall be utilized for public works.

Sec. 111. Limitation of Liability for Loss Connected With Sale,

Serving, or Furnishing of Alcoholic Beverages

Neither the Tribe nor any person or entity, nor any agent, servant,

or employee of such a person or entity who, on the Reservation,

pursuant to appropriate licensure, sells or serves intoxicating

beverages of either high or low alcoholic content to a person over the

age for the lawful purchase thereof, shall be liable to such person or

to any other person or to the estate, successors, or survivors of

either for any injury suffered on or off the premises, including

wrongful death and property damage, because of the intoxication of the

person to whom the intoxicating beverages were sold or served.

Dated: August 29, 1997.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 97-23732 Filed 9-8-97; 8:45 am]

BILLING CODE 4310-02-P