Notice2025-17658
Mashpee Wampanoag Tribe Liquor Control Ordinance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 12, 2025
Effective
October 14, 2025
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes the Mashpee Wampanoag Tribe Liquor Control Ordinance.
Full Text
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<title>Federal Register, Volume 90 Issue 175 (Friday, September 12, 2025)</title>
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[Federal Register Volume 90, Number 175 (Friday, September 12, 2025)]
[Notices]
[Pages 44213-44215]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-17658]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[256A2100DD/AAKC001030/A0A501010.000000]
Mashpee Wampanoag Tribe Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Mashpee Wampanoag Tribe Liquor
Control Ordinance.
DATES: The Liquor Ordinance is effective on October 14, 2025.
FOR FURTHER INFORMATION CONTACT: Ms. Rebecca J. Smith, Tribal
Operations Specialist, Eastern Regional Office, Bureau of Indian
Affairs, 545 Marriott Drive, Suite 700, Nashville, Tennessee 37214,
Telephone: (615) 564-6711, Fax: (615) 564-6701.
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 April 30, 2025, the Mashpee
Wampanoag Tribal Council adopted the Mashpee Wampanoag Tribal Liquor
Control Ordinance by 2025-RES-034, which regulates and controls the
sale, purchase, transportation, manufacture, consumption, and
possession of alcoholic beverages on the trust lands of the Mashpee
Wampanoag Tribe.
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 Mashpee Wampanoag Tribe duly adopted the
Mashpee Wampanoag Tribal Liquor Control Ordinance by 2025-RES-034 dated
April 30, 2025.
Janel Broderick,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
delegated authority of the Assistant Secretary--Indian Affairs.
The Mashpee Wampanoag Tribal Liquor Control Ordinance shall read as
follows:
MASHPEE WAMPANOAG TRIBAL LIQUOR CONTROL ORDINANCE
Table of Contents
SECTION 1. Findings
SECTION 2. Authority and Purpose
SECTION 3. Definitions
SECTION 4. Jurisdiction
SECTION 5. Liquor License Requirement
SECTION 6. Sale and Service of Liquor
SECTION 7. Possession of Alcohol
SECTION 8. Prohibitions
SECTION 9. Establishment of Licensing Department
SECTION 10. Notice of Violations; Penalties
SECTION 11. Liquor License Fee Schedule
SECTION 12. Taxation
SECTION 13. Applicability
SECTION 14. No Waiver of Sovereign Immunity
SECTION 15. Compliance With State Law
SECTION 16. Repealer
SECTION 17. Severability
SECTION 18. Effective Date
Wampanoag Tribal Council does ordain as follows:
SECTION 1. Findings
(a) The Mashpee Wampanoag Tribe is a federally-recognized Indian
tribe with a duly-enacted Constitution, pursuant to
[[Page 44214]]
which the governing body of the Tribe is its Tribal Council.
(b) Article VI, Sec. 2.A. of the Constitution, provides that the
Tribal Council is empowered to promote and protect the health, peace,
morals, education, political integrity, economic security and general
welfare of the Tribe and its members.
(c) Article VI, Sec. 2.B of the Constitution provides that the
Tribal Council is empowered to establish a departmental structure for
the Tribal government with a delegation of appropriate powers to such
subdivisions and agencies.
(d) Article VI, Sec. 2.C of the Constitution expressly authorizes
the Tribal Council to establish procedures and ordinances for the
conduct of all Tribal government business.
(e) Article VI, Sec. 2.L. of the Constitution provides that the
Tribal Council is empowered to establish and enforce all ordinances
governing Tribal members.
(f) Pursuant to 18 U.S.C. 1154, Federal law prohibits the
introduction of liquor into Indian Country and authorizes tribes to
decide when and to what extent liquor transactions, sales, possession
and service shall be permitted on their Tribal Lands.
(g) The Tribal Council deems it necessary to regulate and control
the purchase, sale, manufacture, possession, consumption and
distribution of liquor on Tribal Lands for the safety of the Tribe, its
Tribal members, Tribal employees, and members of the public present on
Tribal lands.
SECTION 2. Authority and Purpose
(a) This Liquor Control Ordinance is enacted pursuant to the
authority contained in Article VI, Sec. Sec. 2.A, 2.B, 2.C and 2.L.
(b) The purpose of the Ordinance is to adopt, as laws of the Tribe,
this Liquor Control Ordinance and establish the laws applicable to the
purchase, sale, manufacture, possession, consumption and distribution
of liquor on Tribal Lands.
(c) The Tribe has established business enterprises and welcomes
patrons to visit these Tribal businesses, venues and events wherein the
Tribe may permit the sale of liquor by the Tribe, its
instrumentalities, entities and authorities as well as licensed persons
and entities. The imposition of this Ordinance will provide a source of
revenue for the Tribe to pay for critical services to support our
Tribal community, Tribal programs and continued economic development on
Tribal Lands.
SECTION 3. Definitions
Unless otherwise required by the context, the term ``liquor'' as
used throughout the Ordinance shall mean ``alcohol'', ``alcoholic
beverages'', ``liqueur or cordial'', ``malt beverages'' and ``wine'' as
those terms are defined by the Massachusetts State Liquor Control Act,
M.G.L. Chapter 138 Section 1 as amended and incorporated by reference
herein.
For purposes of this Ordinance, the following definitions shall
apply:
(a) ``Cultural Sites'' means a site of cultural, spiritual and
historical significance to the Tribe. These sites include, but are not
limited to, the following:
a. Mashpee Wampanoag Tribal Museum, 414 Main Street, Mashpee;
b. Mashpee Old Indian Meetinghouse and surrounding cemetery
grounds, 410 and 414 Meetinghouse Road, Mashpee;
c. 55 Acre Ceremonial Area, 483 Great Neck Road South, Mashpee
(Rear of property).
(b) ``Liquor License'' means the license issued to a person or
entity by the Mashpee Wampanoag Liquor Control Department authorizing
the sale, distribution, storage, transportation and possession of
Liquor on Tribal Lands consistent with applicable law.
(c) ``Tribal Council'' means the Tribal Council of the Mashpee
Wampanoag Tribe.
(d) ``Tribal Lands'' means any lands legally held by the United
States of America in trust for the benefit of the Tribe and other lands
over which the Tribe may exercise jurisdiction.
(e) ``Tribe'' means the Mashpee Wampanoag Tribe, a federally
recognized Indian Tribe.
SECTION 4. Jurisdiction
To the extent permitted by applicable law, the Tribe asserts
jurisdiction to determine whether liquor sales and service are
permitted on Tribal Lands. Nothing in this Ordinance is intended nor
shall be construed to limit the jurisdiction of the Tribe over Tribal
Lands.
SECTION 5. Liquor License Requirement
Any person or entity intending to possess, sell and/or distribute,
transport or store Liquor on Tribal Lands must provide proof of a valid
Liquor License prior to taking any such action on Tribal Lands in
accordance with this Ordinance. For possession of Liquor only, Tribal
Council may waive the Liquor License requirement for events, venues or
other circumstances.
SECTION 6. Sale and Service of Liquor
Liquor may be offered for sale and may be served on Tribal Lands
only in those areas of Tribal Lands that have been approved by the
Tribal Council and in conformity with the requirements of this
Ordinance as well as applicable Tribal Law, Federal Law and the laws of
the Commonwealth of Massachusetts.
SECTION 7. Possession of Alcohol
Possession of Liquor may be permitted on Tribal Lands only in those
areas of Tribal Lands that have been approved by the Tribal Council and
in conformity with the requirements of this Ordinance as well as
applicable Tribal Law, Federal Law and the laws of the Commonwealth of
Massachusetts.
SECTION 8. Prohibitions
It shall be a violation of Tribal Law for any person or entity to
manufacture, sell, transport, import, deliver, furnish, purchase,
consume or possess any liquor except as authorized by this Ordinance.
Federal liquor laws applicable to Indian Country shall remain
applicable to any person, act, or transaction which is not authorized
by this Ordinance and violators of this Ordinance shall be subject to
federal prosecution as well as to legal action in accordance with
Tribal Law.
Furthermore, the following is strictly prohibited and a violation
of Tribal Law:
(a) Possession of Liquor at Cultural Sites;
(b) Possession of open containers of Liquor, or unopened containers
of Liquor in bottles, cans, or otherwise outside of those areas of
Tribal Lands approved by the Tribal Council.
SECTION 9. Establishment of Liquor Control Department
(a) Establishment. The Mashpee Wampanoag Tribal Council hereby
establishes the Mashpee Wampanoag Liquor Control Department. During any
period in which the Liquor Control Department is not occupied, the
Mashpee Wampanoag Tribal Gaming Commission shall serve as the Liquor
Control Department.
(b) Department Responsibilities.
(1) The primary responsibility of the Department shall be to
enforce the Tribe's Liquor Control Code on Tribal Lands.
(2) The Department shall have the authority to authorize the sale
of liquor only on those areas of Tribal Lands that have been approved
by the Tribal Council.
[[Page 44215]]
(3) The Department shall perform such other duties as may be
delegated to the Department by Tribal Council.
(4) The Department shall have the authority to issue Liquor
Licenses to persons and entities permitting the sale, distribution,
storage, transportation and possession of liquor on Tribal Lands.
(5) The Department shall have the duty to make such reports to
Tribal Council as required; to compile information and conduct
background investigations to determine the suitability of an applicant
for a Liquor License; to collect fees set in accordance with this
Ordinance, to keep accurate records, books and accounts; and to develop
application forms, licenses and other relevant documents required to
enforce this Ordinance.
(6) The Department shall have the authority and duty to take or
facilitate actions necessary to implement applicable provisions of
State law, as required; to coordinate with other departments and
agencies of the Tribe to ensure the effective enforcement of this
Ordinance and applicable regulations.
(7) It shall be the duty of the Department to see that all
ordinances, resolutions and regulations of the Tribal Council
pertaining to the Department are properly complied with.
SECTION 10. Notice of Violation; Penalties
Any person who violates this Ordinance shall be subject to a civil
fine of not more than $250 for each violation involving possession, but
up to $5,000 for each violation. Neither the Tribe nor any of its
instrumentalities, entities and authorities will be required to pay any
such fine. In addition, persons or entities subject to the criminal
jurisdiction of the Tribe who violate this Ordinance may be subject to
criminal penalties as provided in applicable Tribal criminal law. All
contraband liquor shall be immediately confiscated by the Mashpee
Wampanoag Tribal Police. The Mashpee Wampanoag Tribal Court shall have
exclusive jurisdiction to enforce this Ordinance, civil fines, and
criminal punishment, if applicable.
SECTION 11. Liquor License Fee Schedule
The Tribal Council may set a fee schedule that may be amended from
time to time and applied to all liquor license applications. Neither
the Tribe nor any of its instrumentalities, entities and authorities
will be required to pay such a fee. The Tribal Council may waive
imposition of the License fee should good cause be shown by the person
or entity.
SECTION 12. Taxation
Nothing contained in this Ordinance is intended to, nor does it in
any way, limit or restrict the Tribe's ability to impose tax upon the
sale or consumption of liquor. The Tribe retains the right to impose
such taxes to the fullest extent permitted by Federal law.
SECTION 13. Applicability
This Ordinance shall apply to all Tribal Lands of the Mashpee
Wampanoag Tribe.
SECTION 14. No Waiver of Sovereign Immunity
Nothing in this Ordinance shall be construed to waive, alter, or
amend the Tribe's sovereign immunity or the sovereign immunity of any
of the Tribe's departments, committees, commissions, enterprises,
agencies, instrumentalities, authorities, officers, agents, or
employees.
SECTION 15. Compliance With State Law
Authorized liquor sales and service on Tribal Lands shall comply
with the Massachusetts State Liquor Control Act standards to the extent
required by 18 U.S.C. 1161.
SECTION 16. Repealer
Subject to the contractual right of any party to an existing
contract binding on a Tribal Party and any limitations arising from the
Constitution, all ordinances, laws (other than the Constitution),
judgments, decisions, orders, resolutions, rules, regulations or other
actions, or any part or provision thereof, of any Tribal Party, or any
of the officers, employees, or agents of the foregoing, whether
written, unwritten or established by tradition, that are in effect as
of the date hereof and that are in conflict or inconsistent with the
terms of this Ordinance are hereby repealed and annulled to the extent
of such conflict or inconsistency, and this ordinance shall supersede
the same.
SECTION 17. Severability
If any section, subsection, sentence, or other portion if this
Ordinance is, for any reason, held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed to be a
separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions of this Ordinance.
SECTION 18. Effective Date
This Ordinance shall take effect immediately upon adoption by the
Tribal Council. Thereafter it shall be enforced in accordance with the
Constitution and laws of the Tribe.
[FR Doc. 2025-17658 Filed 9-11-25; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on September 12, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.