Judicial Code

Liquor Control

WHEREAS, the Prairie Island Indian Community is organized under the provisions of the Indian Reorganization Act of 1934 (48 Stat. 984), and is governed under the terms of a Constitution and Bylaws adopted by the Tribal members on May 23, 1936, and approved by the Secretary of the Interior on June 20, 1936; and

WHEREAS, the said Constitution and Bylaws provide that the Community Council (sometimes referred to as the Tribal Council), shall be the governing body for the Prairie Island Indian Community (Article IV, Section 1); and

WHEREAS, the Tribal Council has the authority under the Constitution and Bylaws to promulgate ordinances, resolutions, institute regulations, and consider various legal matters that fall within the authority of a federally recognized Indian Tribe; and

WHEREAS, the Tribal Council has the authority to establish ordinances for the maintenance of law and order upon the Reservation and for the establishment of courts to enforce such ordinances; and

WHEREAS, the Tribal Council has the authority to promote the general welfare of the Community by regulating the conduct of trade and the use and disposition of property upon the Reservation; and

WHEREAS, by Tribal Council Resolution 92-84 the Tribal Council adopted the PRAIRIE ISLAND MDEWAKANTON SIOUX COMMUNITY LIQUOR CONTROL ORDINANCE and submitted such ordinance for review and to the Area Director of the Bureau of Indian Affairs; and

WHEREAS, the Tribal Council has determined that certain amendments must be made to the PRAIRIE ISLAND MDEWAKANTON SIOUX COMMUNITY LIQUOR CONTROL ORDINANCE; and

NOW THEREFORE BE IT RESOLVED, that the Tribal Council authorizes that the following amendment be made to the PRAIRIE ISLAND MDEWAKANTON SIOUX COMMUNITY LIQUOR CONTROL ORDINANCE:  all references to the Prairie Island Indian Community in the State of Minnesota that currently read Prairie Island Mdewakanton Dakota Community shall thereafter read Prairie Island Indian Community in the State of Minnesota; and

BE IT FURTHER RESOLVED, that the Tribal Council authorizes the following amendment to the above-mentioned ordinance:  all references to the Prairie Island Tribal Council shall hereafter read Prairie Island Community Council; and

BE IT FURTHER RESOLVED, that the Tribal Council authorizes the following amendment to the above-mentioned ordinance:  in Part II, Section 4(a) which currently reads “the Tribal Council may issue on-sale intoxicating liquor licenses over the number permitted under subdivision 1 when authorized by the voters of the Community at a general or special election” shall hereafter read “the Tribal Council may issue on-sale intoxicating liquor licensees over the number permitted under Part III, Section 4, when authorized by the voters of the Community at a general or special election; and

BE IT FURTHER RESOLVED, that the Tribal Council authorizes the following amendment to the above-mentioned ordinance:  in Part III, Section 4 which currently reads “The Council shall issue by resolution an appropriate license to 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; the Council shall hold a public meeting after proper notice to solicit Community opinion on the issuance of such a license” shall hereafter read: “The Council shall issue by resolution one appropriate license to 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; [delete last phrase].”

CERTIFICATION

This resolution was passed at a regular meeting of the Prairie Island tribal Council with a  quorum present with a vote of 3 for, 0 against, 2 abstentions, on October 4, 1992.

Freeman Johnson, Chairman                                              Johnny Johnson, Vice-Chairman

Edith Pacini, Secretary                                              Vine H. Wells, Treasurer

Lu Taylor-Jackson, Asst. Sec./Treas.

PIIC Ordinance Copies\Liquor

PRAIRIE ISLAND MDEWAKANTON DAKOTA COMMUNITY

LIQUOR CONTROL ORDINANCE

PART I:            POLICY AND DEFINITIONS.

Section 1.            Public Policy Declared.

This Ordinance shall be cited as the Prairie Island Mdewakanton Dakota Community Liquor Control Ordinance and under the inherent sovereignty of the Prairie Island Mdewakanton Dakota Tribe shall be deemed an exercise of the Tribe’s power, for the protection of the welfare, health, peace, morals, and safety of the people of the Community. It is further the Tribe’s policy to assure 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.  Nothing in this Ordinance shall be construed as a waiver of the Prairie Island Mdewakanton Dakota Community’s sovereign immunity.

Section 2:            Definitions.

I.                    Alcoholic beverage:  shall mean any intoxicating liquor, low point beer, or any wine, as defined under the provisions of this Ordinance.

II.                 Application:  shall mean a formal written request for the issuance of a license supported by a verified statement of facts.

III.               Council:  shall mean the Tribal Council of the Prairie Island Mdewakanton Dakota Tribe duly elected in accordance with the provisions of the Constitution of the Prairie Island Mdewakanton Dakota Tribe.

IV.              Establishment:  shall mean any liquor store or on-sale dealer.

V.                 High point beer:  shall mean any beer having an alcoholic content in excess of three and two-tenths per centum (3.2%) of weight.

VI.              Intoxicating liquor:  shall mean 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.

VII.            Legal age:  shall mean the age requirements as defined in Part II, Section 7.

VIII.         Liquor store:  shall mean any store, established by the Community or licensed individual or entity, for the sale of alcoholic beverages.

IX.              Low point beer:  shall mean 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.

X.                 Off-sale:  shall mean the sale of any alcoholic beverages for consumption off the premises where sold.

XI.              On-sale dealer:  shall mean the Prairie Island Mdewakanton Dakota Tribe 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.

XII.            On-sale:  shall mean the sale of any alcoholic beverage for consumption only upon the premises where sold.

XIII.         Sale:  shall mean 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.

XIV.         Transaction:  shall mean 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.

XV.           Vendor:  shall mean 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.

XVI.         Wine:  shall mean 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 3.            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 4.            Community Control of Alcoholic Beverages.

The 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 Prairie Island Mdewakanton Dakota Reservation unless authorized by the Council.

Section 5.            Community Liquor Store.

The Council may establish and maintain anywhere on the Prairie Island Mdewakanton Dakota Reservation that the 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 Council may set the prices of alcoholic beverages sold.

Section 6.            Community On-Sale Dealer.

The Council may establish and maintain anywhere on the Prairie Island Mdewakanton Dakota Reservation that the 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 Council may set the prices of alcoholic beverages sold.

Section 7.            State of Minnesota Licenses.

The 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 Minnesota law chapter 340A.4055.

PART II.            COMPLIANCE WITH THE LAWS OF THE STATE OF MINNESOTA.

Section 1.            Liability Insurance.

For the purpose of complying with 18 U.S.C. § 1161 and the Minnesota Liquor Act, the Council shall demonstrate proof of financial responsibility to the State of Minnesota by obtaining the necessary liability insurance required by Minnesota law chapter 340A.409.

Section 2.            License Restrictions, General.

I.                    License posting.  A retail license to sell alcoholic beverages must be posted in a conspicuous place in the premises for which it is used.

II.                 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.

III.               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.

Section 3.            License Restrictions; Intoxicating Liquor Licenses.

I.                    Investigation of on-sale licenses.  The Tribal 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 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 Tribal Council as documented by a written resolution.

II.                 Off-sale limitation.  The Community shall not apply for more than one off-sale intoxicating liquor license.

III.               General compliance.  The Tribal Council shall comply with all prohibitions as stated in Minn. Stat. 340A.412, Subd. 4.

IV.              Employment of Minors.  No person under 18 years of age may serve or sell intoxicating liquor on the Prairie Island Indian Reservation.

Section 4.            Restrictions on the Number of Intoxicating Liquor Licenses that May be Issued.

I.                    Referendum for additional on-sale licenses.  The Tribal Council may issue on-sale intoxicating liquor licenses over the number permitted under subdivision 1 when authorized by the voters of the Community at a general or special election.

The Tribal Council may direct that either of the following questions be placed on the ballot.

(1)        “Shall the Tribal Council be allowed to issue ‘on-sale’ licenses for the sale of intoxicating liquor at retail in excess of the number permitted by law?”

Yes:  _____

No:   _____

(2)        “Shall the Tribal 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?”

Section 5.            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.

Section 6.            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.

Section 7.            Persons Under 21 Years of Age; Restrictions.

The 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.

(a)                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;

(b)               Any Community operated or licensed establishment shall require proof of age for purchasing or consuming alcoholic beverages by requiring a valid drivers 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;

(c)                Any Community operated or licensed establishment shall prohibit all persons under the age of 21 years to enter the establishment except to:  (1) perform work if the person is 18, 19, or 20 years of age; (2) consume meals while accompanied by an adult who is the legal guardian or parent of the person; and (3) attend social functions that are held in a portion of the establishment where alcoholic beverages are not sold;

(d)               No Community operated or licensed establishment shall employ any person under the age of 18 years to serve or sell alcoholic beverages.

Section 8.            Hours and Days of Sale.

(a)                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, or after 1:00 a.m. on Sundays; or otherwise not in compliance with Minnesota law chapter 340A.504;

(b)               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 Minnesota law chapter 340A.504.

Section 9.            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.

PART III.            COMMUNITY LICENSING, SALES AND TRANSACTIONS.

Section 1.            Power to License and Tax.

The power to establish licenses and levy taxes under the provisions of this Ordinance is vested exclusively with the Council.

Section 2.            Community Liquor Licenses.

The Council shall issue by resolution, upon proper application and 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 Prairie Island Mdewakanton Dakota Reservation.

Section 3.            Classes of Licenses.

Classes of licenses under this part shall be as follows:

I.                    Class A Off-Sale Liquor store;

II.                 Class B On-Sale Dealer.

Section 4.            Community Operated Establishments.

The Council shall issue by resolution an 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; the Council shall hold a public meeting after proper notice to solicit Community opinion on the issuance of such a license.

Section 5.            No Licenses Issued.

The 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.

Section 6.            Display of Community License.

Any establishment licensed pursuant to the provisions of this Ordinance shall display the Community license in a conspicuous place.

PART IV.            DISTRIBUTION OF PROFITS.

Section 1.            Distribution of Profits.

All profits from the sale of alcoholic beverages on the Prairie Island Mdewakanton Dakota Reservation are subject to distribution of the Council in accordance with its usual appropriation procedures for essential governmental and social services.

PART V.            REVISION.

Section 1.            Severability.

If any section of any part of this Ordinance, or the application thereof to any party, person, or entity or to any circumstances, shall be held invalid for any reason whatsoever, the remainder of the part or 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.

Section 2.            Amendment or Repeal of Ordinance.

This Ordinance may be amended or repealed only by a majority vote of the Council in regular session.

Adopted on July 10, 1992, by Tribal Council Resolution No. 92-84

PIIC\Ordinance Copies\Liquor Control

Copyright © 2003-2005, Prairie Island Indian Community. (Updated 12-21-04.)