[Federal Register Volume 59, Number 96 (Thursday, May 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12157]


[[Page Unknown]]

[Federal Register: May 19, 1994]


_______________________________________________________________________

Part II





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



_______________________________________________________________________




Jamestown S'Klallam Tribe Liquor Control Ordinance; Notice
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

 
Jamestown S'Klallam Tribe Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM8, and in accordance with the Act of August 15, 
1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that Resolution No. 06-
94, the Jamestown S'Klallam Tribe Liquor Control Ordinance was duly 
adopted by the Jamestown S'Klallam Tribe on February 22, 1994. The 
Ordinance provides for the regulation of the activities of the 
manufacture, distribution, sale, and consumption of liquor in the area 
of Jamestown S'Klallam Indian Country.

DATES: This Ordinance is effective as of May 19, 1994.

FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services, 
Division of Tribal Government Services, 1849 C Street NW., MS 2611-MIB, 
Washington, DC 20240-4001; telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Jamestown S'Klallam Tribe, Resolution 
No. 06-94, Jamestown S'Klallam Tribe Liquor Control Ordinance is to 
read as follows:

Jamestown S'Klallam Tribe, Tribal Liquor Control Ordinance, Ordinance 
#01-94.

Part I  Policy and Definitions

Section 1.1  Public Policy Declared

    This Ordinance shall be cited as the ``Jamestown S'Klallam Tribal 
Liquor Control Ordinance''. Under the inherent sovereignty of the 
Jamestown S'Klallam Tribe, this ordinance 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 Tribe. 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 where applicable, the State of Washington.

Section 1.2  Definitions

    (a) Alcoholic Beverage: Shall mean any intoxicating liquor, beer, 
or any wine, as defined under the provisions of this Ordinance or other 
applicable law.
    (b) Council: Shall mean the Tribal Council of the Jamestown 
S'Klallam Tribe.
    (c) Legal Age: Shall mean the age requirements as defined in part 
11, section 2.1.
    (d) Liquor Store: Shall mean any store established by the Tribe for 
the sale of alcoholic beverages or any entity licensed by the Tribe to 
sell alcoholic beverages.
    (e) On-Site Dealer: Shall mean the Jamestown S'Klallam Tribe or 
duly authorized licensee when it sells, or keeps for sale, any 
alcoholic beverage authorized under this Ordinance for consumption on 
the premises where sold.
    (f) On-Site Sale: Shall mean the sale of any alcoholic beverage for 
consumption only upon the premises where sold.
    (g) 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 by any 
means whatsoever for a consideration of currency exchange.
    (h) 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-site dealer or vendor to any person.
    (i) Vendor: Shall mean any person employed or under the supervision 
by and of a liquor store or on-site dealer who conducts sales or 
transactions involving alcoholic beverages.

Section 1.3  General Prohibition

    It shall be a violation of tribal law 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 1.4  Tribal 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 Jamestown S'Klallam 
Indian Country unless authorized by the Council.

Section 1.5  Community Liquor Store

    The council may establish and maintain anywhere within the 
Jamestown S'Klallam Indian Country that the council may deem advisable, 
a community liquor store or stores for the sale of alcoholic beverages 
in accordance with the provisions of this ordinance. The council may 
set the prices of alcoholic beverages sold.

Section 1.6  Community On-Site Dealer

    The council may establish and maintain anywhere within the 
Jamestown S'Klallam Indian Country that the council may deem advisable, 
a community on-site dealer or dealers for storage and on-site sale of 
alcoholic beverages in accordance with the provisions of this 
Ordinance. The council may set the prices of alcoholic beverages sold.

Section 1.7  State of Washington Licenses and Agreements

    The council or operator may negotiate an agreement or obtain a 
State of Washington liquor license for any tribally operated 
establishment that sells alcoholic beverages or conducts transactions 
involving alcoholic beverages to the extent required by applicable law 
to allow the tribe to sell liquor in Indian Country under its control.

Part II  Compliance With the Laws of The State of Washington

Section 2.1  Applicability of State Law

    The council and its agents shall act in conformity with state laws 
regarding the sale of liquor to the extent required by applicable 
federal law including 18 U.S.C. 1161.

Section 2.2  Persons Under 21 Years of Age: Restrictions

    The council shall comply with the State of Washington laws 
regarding restrictions on those persons under the age of 21 years in 
any Tribal establishment operating pursuant to the provisions of this 
ordinance.

Section 2.3  Restrictions on Intoxicated Persons

    No tribally operated or licensed establishment shall sell, give, or 
furnish any alcoholic beverage or in any way allow any alcoholic 
beverage to be sold, given or furnished to a person who is obviously 
intoxicated.

Section 2.4  Hours and Days of Sale

    No tribally operated or licensed establishment shall sell or 
furnish alcoholic beverages for on-site purposes during hours or on 
days not in compliance with applicable law.

Part III  Tribal Licensing and Regulation

Section 3.1  Power to License and Tax

    The power to establish tribal licenses and levy taxes under the 
provisions of this ordinance is vested exclusively with the council. If 
the council enters into any agreements with the state regarding the 
sale of liquor, the agreement shall be deemed tribal law.

Section 3.2  Tribally Owned Establishments

    The council can issue by resolution an appropriate license to a 
tribally owned establishment upon determining the site for the 
establishment and obtaining the necessary licensing or agreement from 
the State of Washington.

Section 3.3  License of Retail Sales

    3.3.1  The council shall have the power to issue licenses to any 
tribal or state chartered corporation, individual or partnership or 
other entity to undertake any sale or transaction which the tribe 
itself has the power to undertake under this ordinance for the sale of 
alcoholic beverages at a retail store.
    3.3.2  Applications for licenses shall be submitted in the form 
prescribed by the council or its authorized employees. The council may, 
within its sole discretion and subject to the conditions in this 
ordinance issue or refuse to issue the license applied for upon payment 
of such fee as the council may prescribe.
    3.3.3  Every license shall be issued in the name of the applicant 
and no license shall be transferable or assignable without the written 
approval of the council nor shall the licensee allow any other person 
or entity to use the license.
    3.3.4  The council may, for violations of this ordinance, suspend 
or cancel any license. A license is a privilege and no person shall 
have vested rights therein. Prior to cancellation or suspension the 
council shall send notice of its intent to cancel or suspend the 
license to the licensee.
    3.3.5  No license under this ordinance shall be for a period longer 
than one year.

Section 3.4  Regulations

    The council may, consistent with this ordinance, adopt regulations 
it deems necessary to implement this ordinance.

Part IV  Construction

Section 4.1  Severability

    If 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 section 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 4.2  Amendment or Repeal of Ordinance

    This ordinance may be amended or repealed by a majority vote of the 
council.

Section 4.3  Sovereign Immunity

    Nothing in this ordinance is intended to nor shall be construed as 
a waiver of the sovereign immunity of the Jamestown S'Klallam Tribe.

Section 4.4  Effective Date

    This ordinance shall be effective upon the date that the Secretary 
of the Interior certifies this ordinance and publishes it in the 
Federal Register.

Section 4.5  Jurisdiction

    Notwithstanding anything in this ordinance to the contrary, nothing 
herein is intended to nor shall be construed as a grant of jurisdiction 
from the Jamestown S'Klallam Tribe to the State of Washington beyond 
that provided by applicable law. The Tribe shall operate in conformity 
with state law and tribal law to the extent provided pursuant to 18 
U.S.C. 1161.

    Dated: May 12, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-12157 Filed 5-18-94; 8:45 am]
BILLING CODE 4310-02-P