Notice2025-07084
Prairie Island Indian Community; Amendments to Liquor Control Ordinance
Primary source
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Published
April 24, 2025
Effective
April 24, 2025
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes amendments to the Prairie Island Indian Community's Liquor Control Ordinance, enacted by Resolution No. 23-8- 30-158. This Ordinance amends and supersedes the existing Prairie Island Mdewakanton Dakota Community Liquor Control Ordinance, adopted on July 10, 1992, by Resolution Number 92-84; amended on October 14, 1992, by Resolution Number 92-118, amended August 9, 2023, by Resolution Number 23-8-9-150.
Full Text
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<title>Federal Register, Volume 90 Issue 78 (Thursday, April 24, 2025)</title>
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[Federal Register Volume 90, Number 78 (Thursday, April 24, 2025)]
[Notices]
[Pages 17254-17257]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-07084]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AAKP300000/A0A501010.000000]
Prairie Island Indian Community; Amendments to Liquor Control
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice
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SUMMARY: This notice publishes amendments to the Prairie Island Indian
Community's Liquor Control Ordinance, enacted by Resolution No. 23-8-
30-158. This Ordinance amends and supersedes the existing Prairie
Island Mdewakanton Dakota Community Liquor Control Ordinance, adopted
on July 10, 1992, by Resolution Number 92-84; amended on October 14,
1992, by Resolution Number 92-118, amended August 9, 2023, by
Resolution Number 23-8-9-150.
DATES: This ordinance shall become effective April 24, 2025.
FOR FURTHER INFORMATION CONTACT: Rebecca Smith, Acting Tribal
Operations Officer, Midwest Regional Office, Bureau of Indian Affairs,
5600 American Boulevard West, Suite 500, Bloomington, Minnesota 55437,
<a href="/cdn-cgi/l/email-protection#0e7c6b6c6b6d6d6f64207d63677a664e6c676f20696178"><span class="__cf_email__" data-cfemail="7b091e191e18181a11550816120f133b19121a551c140d">[email protected]</span></a>, Telephone: (612) 725-4500, Fax: (612) 713-4401.
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 control ordinances for the purpose of regulating
liquor transactions in Indian country. On August 30, 2023, the Prairie
Island Indian Community Council adopted the amendments to the
Community's Liquor Control Ordinance by Resolution Number 23-8-30-158.
This notice comprehensively amends and supersedes the existing Prairie
Island Indian Community Liquor Control Ordinance which was published in
the Federal Register on November 18, 2024 (89 FR 90730).
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 Prairie Island Indian Community Tribal
Council duly adopted these amendments to the
[[Page 17255]]
Prairie Island Indian Community Liquor Control Ordinance on August 30,
2023.
Scott J. Davis,
Senior Advisor to the Secretary, Exercising authority by delegation of
the Assistant Secretary--Indian Affairs.
The Prairie Island Indian Community's Liquor Control Ordinance, as
amended, shall read as follows:
Section 1. Short Title. This Ordinance shall be known and may be
cited as the Prairie Island Indian Community Liquor Control Ordinance.
Section 2. Statement of Purpose, Findings, and Authority.
a. Purpose. It is the Community's policy to ensure that any
transaction, importation, sale, or consumption involving an alcoholic
beverage, while within the Tribe's jurisdiction, shall occur in strict
compliance with this Ordinance, the laws of the United States and the
State of Minnesota.
b. Findings. [reserved].
c. Authority. This Ordinance is an exercise of the inherent
sovereignty of the Community and shall be deemed an exercise of the
Community Council's power to protect the welfare, health, peace,
morals, and safety of the people of the Community.
Section 3. Definitions.
a. ``Alcoholic beverage'' means any intoxicating liquor, low point
beer, or any wine, as defined under the provisions of this Ordinance.
b. ``Application'' means a formal written request for the issuance
of a license supported by a verified statement of facts.
c. ``Community'' means the Prairie Island Indian Community in the
State of Minnesota, a federally recognized Indian Tribe.
d. ``Community Council'' means the constitutionally authorized
governing body of the Community.
e. ``Establishment'' means any liquor store or any on- or off-sale
dealer.
f. ``High point beer'' means any beer having an alcoholic content
in excess of three and two-tenths per centum (3.2%) of weight.
g. ``Intoxicating liquor'' means any liquid either commonly used,
or reasonably adapted to use, for beverages purposes containing in
excess of three and two-tenths per centum (3.2%) of alcohol by weight.
This shall include any type of wine, regardless of alcoholic content.
h. ``Legal age'' means the age requirements as defined in Section
16.
i. ``Liquor store'' means any store, established by the Community
or licensed individual or entity, for the sale of alcoholic beverages.
j. ``Low point beer'' means any liquid either commonly used, or
reasonably adapted to use, for beverage purposes, and which is produced
wholly or in part from brewing of any grain or grains, malt substitute,
and which contains any alcohol whatsoever, but no more than three and
two-tenths per centum (3.2%) of alcohol by weight.
k. ``Off-sale'' means the sale of any alcoholic beverages for
consumption off the premises where sold.
l. ``On-sale dealer'' means the Community or licensed individual or
entity that sells, or keeps for sale any alcoholic beverage authorized
under this Ordinance for consumption on the premises where sold.
m. ``On-sale'' means the sale of any alcoholic beverage for
consumption only upon the premises where sold.
n. ``Reservation'' means all territory subject to the Community's
jurisdiction.
o. ``Sale'' means the transfer of any bagged, bottled, boxed,
canned or kegged alcoholic beverage, or the serving of any contents of
any bagged, bottled, boxed, canned or kegged alcoholic beverage for a
consideration of currency exchange.
p. ``Transaction'' means any transfer of any bagged, bottled,
boxed, canned, or kegged alcoholic beverage, or the transfer of any
contents of any bagged, bottled, boxed, canned or kegged alcoholic
beverage from any liquor store, on-sale dealer or vendor to any person.
q. ``Vendor'' means any person employed or under the supervision by
and of a liquor store or on-sale dealer who conducts sales or
transactions involving alcoholic beverages.
r. ``Wine'' means any beverage containing alcohol obtained by the
fermentation of the natural sugar contents of fruits or other
agricultural products, and containing not more than seventeen percent
(17%) of alcohol by weight, including sweet wines, fortified with wine
spirits, such as port, sherry, muscatel, and angelica.
Section 4. Applicability. [reserved]
Section 5. General Prohibition. It shall be unlawful to manufacture
for sale, sell, offer, or keep for sale, possess, transport or conduct
any transaction involving any alcoholic beverage except in compliance
with the terms, conditions, limitations, and restrictions specified in
this Ordinance.
Section 6. Community Control of Alcoholic Beverages. The Community
Council shall have the sole and exclusive right to authorize the
importation of alcoholic beverages for sale or for the purpose of
conducting transactions therewith, and no person or organization shall
so import any such alcoholic beverage into the Reservation unless
authorized by the Community Council.
Section 7. Community Liquor Store. The Community Council may
establish and maintain anywhere on the Reservation that the Community
Council may deem advisable, a community liquor store or stores for
storage and off-sale of alcoholic beverages in accordance with the
provisions of this Ordinance. The Community Council may set the prices
of alcoholic beverages sold.
Section 8. Community On-Sale Dealer. The Community Council may
establish and maintain anywhere on the Reservation that the Community
Council may deem advisable, a community on-sale dealer or dealers for
storage and on-sale of alcoholic beverages in accordance with the
provisions of this Ordinance. The Community Council may set the prices
of alcoholic beverages sold.
Section 9. State of Minnesota Licenses. The Community Council shall
notify the State of Minnesota of any Community operated establishment
that sells alcoholic beverages or conducts transactions involving
alcoholic beverages in compliance with Minn. Stat. 340A.4055.
Section 10. Compliance with Minnesota Law.
a. Liability Insurance. For the purpose of complying with 18 U.S.C.
1161 and the Minnesota Liquor Act, the Community Council, or any entity
licensed by the Community Council, shall demonstrate proof of financial
responsibility to the State of Minnesota by obtaining the necessary
liability insurance required by Minn. Stat. 340A.409.
b. License Restrictions, General.
1. License Posting. A retail license to sell alcoholic beverages
must be posted in a conspicuous place in the premises for which it is
used.
2. Gambling Compliance. Gambling on premises where alcoholic
beverages are to be sold must be in compliance under the Indian Gaming
Regulatory Act of 1988, 25 U.S.C. 2701, et. seq. and Chapter 349 and
349A of the Minnesota Statutes.
3. License Limited to Space Specified. A retail license to sell any
alcoholic beverage is only effective for the compact and contiguous
space specified in the approved license application.
c. License Restrictions; Intoxicating Liquor Licenses.
1. Investigation of On-Sale Licenses. The Community Council shall
appoint a person to cooperate with any city or county official in the
conduct of any preliminary background and/or financial investigation
for the purposes
[[Page 17256]]
of complying with Minn. Stat. 304A.412. However, nothing in this
section shall mean and be construed to be a waiver of the Community's
sovereign immunity and shall allow any city or county official to
conduct any investigation not specifically authorized by the Community
Council as documented by a written resolution.
2. Off-Sale Limitation. The Community shall not apply for more than
one off-sale intoxicating liquor license.
3. General Compliance. The Community Council shall comply with all
prohibitions as stated in Minn. Stat. 340A.412, Subd. 4.
4. Employment of Minors. No person under 18 years of age may serve
or sell intoxicating liquor on the Prairie Island Indian Reservation.
d. Restrictions on the Number of Intoxicating Liquor Licenses that
May Be Issued.
1. Referendum for Additional On-Sale Licenses. The Community
Council may issue on-sale intoxicating liquor licenses over the number
permitted under Section 13 when authorized by the voters of the
Community at a general or special election.
2. Referendum Questions. The Community Council may direct that
either of the following questions be placed on the ballot.
A. ``Shall the Community Council be allowed to issue `on-sale'
licenses for the sale of intoxicating liquor at retail in excess of the
number permitted by law?''
B. ``Shall the Community Council be allowed to issue (a number to
be determined by the governing body) `on-sale' licenses for the sale of
intoxicating liquor at retail in excess of the number now permitted by
law?''
e. Responsibility of Licensee. Every licensee is responsible for
the conduct in the licensed establishment and any sale of alcoholic
beverages by any employee authorized to sell alcoholic beverages in the
establishment is the act of the licensee for the purposes of all
provisions of this Ordinance.
f. Sales to Obviously Intoxicated Persons. No person may sell,
give, furnish, or in any way procure for another alcoholic beverages
for the use of an obviously intoxicated person. Nothing herein shall be
construed as a waiver of the Community's sovereign immunity from suit
for any violation of this section by a licensee or employee of a
Community facility.
g. Persons Under 21 Years of Age; Restrictions.
1. The Community Council shall enforce the State of Minnesota laws
regarding restrictions on those persons under the age of 21 years in
any Community establishment operating pursuant to the provisions of
this Ordinance.
2. No Community operated or licensed establishment shall sell,
barter, furnish, give or allow to be consumed therein alcoholic
beverages to and by a person under 21 years of age.
3. Any Community operated or licensed establishment shall require
proof of age for purchasing or consuming alcoholic beverages by
requiring a valid driver's license or State of Minnesota identification
card, or in the case of a foreign national a valid passport to be shown
at any time deemed necessary while on the premises of a Community
operated or licensed establishment.
4. Any Community operated or licensed establishment shall prohibit
all persons under the age of 21 years to enter the establishment except
to:
A. perform work if the person is 18, 19, or 20 years of age;
B. consume meals while accompanied by an adult who is the legal
guardian or parent of the person; or
C. attend social functions that are held in a portion of the
establishment where alcoholic beverages are not sold.
5. No Community operated or licensed establishment shall employ any
person under the age of 18 years to serve or sell alcoholic beverages.
h. Hours and Days of Sale.
1. No Community operated or licensed establishment shall sell or
furnish alcoholic beverages for on-sale purposes between 1:00 a.m. and
8:00 a.m. on the days of Monday through Saturday, after 1:00 a.m. on
Sundays, or otherwise not in compliance with Minn. Stat. 340A.504.
2. No Community operated or licensed establishment shall sell or
furnish alcoholic beverages for off-sale purposes: (1) on Sundays; (2)
before 8:00 a.m. on Monday through Saturday; (3) after 10:00 p.m. on
Monday through Saturday; or (4) otherwise not in compliance with Minn.
Stat. 340A.504.
i. Sales of Ethyl and Neutral Spirits Prohibited. No person may
sell at retail for beverage purposes ethyl alcohol or neutral spirits,
or substitutes thereof, possessing the taste, aroma, and
characteristics generally attributed to ethyl alcohol or neutral
spirits. Nothing in this section prohibits the manufacture or sale of
other products obtained by use of ethyl alcohol or neutral spirits as
defined in U.S. Treasury Department, Bureau of Internal Revenue,
Regulations 125, Article II, Standards of Identity for Distilled
Spirits.
Section 11. Community Licensing, Sales, and Transactions.
a. Power to License and Tax. The power to establish licenses and
levy taxes under the provisions of this Ordinance is vested exclusively
with the Community Council.
b Community Liquor Licenses. The Community Council shall issue by
resolution, upon proper application and Community Council approval, a
Community liquor license to any establishment wishing to sell, serve,
or furnish alcoholic beverages or conduct transactions involving
alcoholic beverages within the boundaries of the Reservation.
c. Classes of Licenses. Classes of Community licenses under this
Ordinance shall be as follows:
1. Class A Off-Sale Liquor store; and
2. Class B On-Sale Dealer.
d. Community Operated Establishments. The Community Council shall
issue by resolution one appropriate license to a Community operated
establishment upon determining the site for the establishment, creating
an operating infrastructure for the establishment and obtaining the
appropriate licensing from the State of Minnesota.
e. No Licenses Issued. The Community Council shall not issue any
licenses to any person or entity other than the Community until this
Ordinance is properly amended to authorize the licensing of non-
Community persons or entities.
f. Display of Community License. Any establishment licensed
pursuant to the provisions of this Ordinance shall display the
Community license in a conspicuous place.
Section 12. Distribution of Profits. All profits from the sale of
alcoholic beverages on the Reservation are subject to distribution of
the Community Council in accordance with its usual appropriation
procedures for essential governmental and social services.
Section 13 Records. [reserved]
Section 14. Miscellaneous Provisions.
a. Sovereign Immunity. Nothing in this Ordinance shall be construed
as a waiver of the Prairie Island Indian Community in the State of
Minnesota's sovereign immunity.
b. Severability. If any provision of this Ordinance or its
application to any person or circumstance is held invalid, the
remainder of this Ordinance, or the application of the provision to
other persons or circumstances is not affected.
c. Amendment or Repeal of Ordinance. This Ordinance may be amended
or repealed only by a majority
[[Page 17257]]
vote of the Community Council in regular session.
[FR Doc. 2025-07084 Filed 4-23-25; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on April 24, 2025.
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