Resolution No. 075-99 — Liquor Control

WHEREAS, The Stockbridge-Munsee Community, Band of Mohican Indians, is a federally recognized Indian tribe with inherent sovereign powers, and is governed by the Stockbridge-Munsee Tribal Council pursuant to the 1937 Constitution; and,

WHEREAS, The Stockbridge-Munsee Community has the authority under its constitution and its inherent rights as a sovereign nation to adopt and amend Ordinances; and,

WHEREAS, Public Law 277, 83rd Congress, 1st Session, approved August 15, 1953 and codified at sec. 1161 of Title 18, United States Code, provides that Sections 1154, 1156, 3113, 3488, 3618 of Title 18 of the United States Code shall not apply within any area that is not Indian Country, nor to any act or transaction within any area of Indian Country, provided such act or transaction is in conformity both with the laws of the State in which such act or transaction occurs and with an ordinance duly adopted by the Tribe having jurisdiction over such area of Indian Country, certified by the Secretary of the Interior, and published in the Federal Register; and,

WHEREAS, It is the desire of the Tribal Council of the Stockbridge-Munsee Community to adopt a liquor control ordinance in the State of New York Indian Country that lies within the jurisdiction of the Community; and,

WHEREAS, The Tribal Council of the Stockbridge-Munsee Community has the authority to adopt ordinances regulating liquor in the Indian Country that lies within the jurisdiction of the Community, by virtue of the provisions of Article VII, section 1 (a), (e) and (h) of the Constitution of the Stockbridge-Munsee Community, adopted October 30, 1937.

NOW THEREFORE BE IT RESOLVED that the Tribal Council of the Stockbridge-Munsee Community ("Tribe") adopts Chapter 31-A which will regulate the licensing for the sale of alcohol beverages, within the State of New York Indian Country that lies within the jurisdiction of the Tribe.