[Federal Register Volume 60, Number 112 (Monday, June 12, 1995)]
[Notices]
[Pages 30894-30897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14252]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Las Vegas Paiute Tribe Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: None.

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

SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the 
[[Page 30895]] Assistant Secretary--Indian Affairs by 209 DM 8, and in 
accordance with the Act of August 15, 1953, 67 Stat. 586, 18 U.S.C. 
1161. I certify that the Las Vegas Paiute Liquor Control Ordinance was 
duly adopted by the Las Vegas Paiute Tribe on February 21, 1995. The 
Ordinance provides for the regulation, distribution, possession, sale, 
and consumption of liquor on lands held in trust belonging to the Las 
Vegas Paiute Tribe.

DATES: This ordinance is effective as of June 12, 1995.

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 Las Vegas Paiute Tribe Liquor Ordinance 
is to read as follows:

12-19  Findings and Purpose

    12-10-010  Legislative Control--Federal law currently prohibits the 
introduction of liquor into Indian country and expressly delegates to 
tribes the decision regarding when and to what extent liquor 
transactions shall be permitted on their reservations. The Las Vegas 
Tribe of Paiute Indians has decided to open all lands within its 
jurisdiction to the possession, consumption, and sale of liquor by 
enacting this Title 12 (Title 12) to the Tribal Law and Order Code. 
Title 12 is adopted pursuant to the Act of August 15, 1953 (Pub. L. 83-
277, 67 Stat. 588, 18 U.S.C. Sec. 1161) and shall serve as the ``liquor 
ordinance'' referenced therein.
    12-10-020  Control Desired--Title 12 shall govern all liquor sales 
and distribution on the reservation, will increase the ability of the 
tribe to control reservation liquor distribution and possession and 
will provide an additional source of revenue for tribal operations.
    12-10-030  Goals of Regulation--Tribal regulation of the sale, 
possession, and consumption of liquor on the reservation is necessary 
to protect the health, security, and general welfare of the tribe, and 
to address tribal concerns relating to alcohol use on the reservation. 
In order to further these goals and to provide an additional source of 
governmental revenue, the tribe has adopted Title 12, which shall be 
liberally construed to fulfill the purposes for which it has been 
adopted. Title 12 is authorized by Article VII, Section 1(g) of the 
constitution and by-laws of the tribe which provides that the tribal 
council shall have the power ``[t]o enact legislation for the purpose 
of safeguarding and promoting the peace, safety, morals, and general 
welfare of the members of the Las Vegas Paiute Tribe.''

12-20  Definitions

    12-20-010  Definitions of Words--As used in Title 12, the following 
words shall have the following meanings unless the context clearly 
requires otherwise:
    (a) ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, or spirit of wine which is commonly produced 
by the fermentation or distillation of grain, starch, molasses, or 
sugar, or other substances including all dilutions and mixtures of this 
substance.
    (b) ``Alcoholic Beverage'' is synonymous with the term ``liquor'' 
as defined at section 12-20-010(d) hereof.
    (c) ``Beer'' means any beverage obtained by the fermentation or 
infusion or decoction of pure hops, or pure extract of hops and pure 
barley malt or other wholesome grain or cereal in water and which 
contains not more than four percent of alcohol by volume.
    (d) ``Liquor'' includes the four varieties of liquor herein defined 
(alcohol, spirits, wine, and malt liquor), and all fermented, 
spirituous, vinous, or malt liquor, or combinations thereof, and mixed 
liquor, a part of which is fermented, spiritous, vinous, or malt 
liquor, or otherwise intoxicating. Every liquid or solid or semisolid 
or other substance, patented or not, containing alcohol, spirits, wine 
or malt liquor, and all drinks or drinkable liquids and all 
preparations or mixtures capable of human consumption and any liquid, 
semisolid, solid, or other substances, containing more than one percent 
of alcohol by weight shall be conclusively deemed to be intoxicating.
    (e) ``Malt Liquor'' means beer, strong beer, ale, stout, and 
porter.
    (f) ``Package'' means any container or receptacle used for holding 
liquor.
    (g) ``Reservation'' means all lands of the tribe described or 
referenced in the tribe's constitution, including, but not limited to, 
all lands described in United States Public Law 98-203, and any lands 
which may in the future come within the jurisdiction of the tribe by 
any lawful means
    (h) ``Sale'' and ``Sell'' mean exchange, barter, and traffic; and 
also include the selling or supplying or distributing, by any means 
whatsoever, of liquor, or of any liquid known or described as ``beer'' 
or by any name whatsoever commonly used to describe ``malt liquor'' or 
``liquor'' or ``wine'' by any person to any person.
    (i) ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, including wines exceeding seventeen percent of alcohol 
by weight.
    (j) ``Strong Beer'' means any beverage obtained by the alcoholic 
fermentation or infusion or decoction of pure hops, or pure extract of 
hops and pure barley malt or other wholesome grain or cereal in water, 
including ale, stout, and porter, containing more than four percent of 
alcohol by weight.
    (k) ``Title 12'' means this liquor code, which shall serve the 
tribe as the liquor ordinance referenced at 18 U.S.C. Sec. 1161.
    (l) ``Tribe'' means, and ``Tribal'' refers to, the Las Vegas Paiute 
Tribe, a federally recognized tribe of Native American Indians, listed 
at 58 FR 54364, 67 as the ``Las Vegas Tribe of Paiute Indians of the 
Las Vegas Indian Colony, Nevada.''
    (m) ``Tribal Council'' shall mean the duly elected tribal council 
of the tribe, which is the governing body of the tribe.
    (n) ``Tribal Court'' means the tribal courts of the tribe as 
established pursuant Title 1 of the Tribal Law and Order Code.
    (o) ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during, or after fermentation, and containing not more 
than seventeen percent of alcohol by weight, including sweet wines 
fortified with wine spirits, such as port, sherry, muscatel, and 
angelica, not exceeding seventeen percent of alcohol by weight.

12-30  Sales, Distribution, Possession, Consumption

    12-30-010  Authorization--The tribe, its members and other persons 
including, but not limited to, corporations, partnerships, associations 
and natural persons are hereby authorized to introduce, sell, 
distribute, warehouse, possess and consume alcoholic beverages within 
the reservation, in accordance with the laws of the State of Nevada 
(including Nevada liquor licensing provisions); provided, however, that 
any person or entity, other than the tribe, which sells alcoholic 
beverages within the reservation must first obtain a tribal liquor 
license from the tribal council and such sales shall be subject to 
taxes and license fees as may be established by duly enacted resolution 
of the tribal council.
    12-30-020  Distribution of Taxes and Fees--All taxes and license 
fees related to the sale or introduction of [[Page 30896]] alcoholic 
beverages on the reservation shall be remitted to the tribal council 
through the tribal secretary, who shall keep accurate records of all 
such receipts, and shall be subject to distribution by the tribal 
council in accordance with its usual appropriation procedures for 
governmental and social services.
    12-30-030  Tribal Liquor License elements--Tribal liquor licenses 
shall authorize the holder thereof to sell alcoholic beverages at 
wholesale or at retail in cans, bottles or any other package within a 
defined area; provided, however, that a tribal liquor license shall be 
valid only if the holder thereof is in compliance with the laws of any 
other jurisdiction which may have any authority with regard to liquor 
sales and regulation on the reservation.
    Tribal liquor licenses shall set forth the location and description 
of the building and premises for which each license is issued and shall 
define the area where the holder of each tribal liquor license may sell 
alcoholic beverages for a period of one year.

12-40  Penalties

    12-40-010  General--Notwithstanding any other provision of Title 
12, no penalty may be imposed pursuant or related to title 12 in 
contravention or in excess of any limitation imposed by the Indian 
Civil Rights Act of 1968, 82 Stat. 77, 25 U.S.C.A. Sec. 1301 et seq. 
(``ICRA'') or other applicable Federal law.
    12-40-020  Illegal Transportation, Still, or Sale Without Permit--
Any person who, within the reservation and without a valid tribal 
liquor license, sells or offers for sale or transport in any manner any 
liquor within the boundaries of the reservation in violation of Title 
12, or who operates or has in his possession any spirit distillation 
device or any substance meant or specifically concocted to be distilled 
into liquor (not including devices or mash related to the home 
manufacture of beer, strong beer, or wine solely for the purpose of 
personal consumption and not for sale), shall be guilty of a Class A 
Offense as defined in the Tribal Law and Order Code.
    12-40-030  Illegal Purchase of Liquor--Any person who buys liquor 
within the boundaries of the reservation other than from an individual 
or entity properly licensed pursuant to Title 12 shall be guilty of a 
Class A Offense as defined in the Tribal law and Order Code.
    12-40-040  Furnishing Liquor to Minors--Except in the case of 
liquor given or administered to a person by his physician or dentist 
for medicinal purposes, no person under the age of 21 years shall 
consume, acquire or have in his possession any alcoholic beverages 
except when such beverages are used in connection with religious 
services. No person shall permit any other person under the age of 21 
to consume liquor on his premises or on any premises under his control 
except in those situations set out in this section. Any person 
violating this section shall be guilty of a Class A Offense as defined 
in the Tribal Law and Order Code.
    12-40-050  Sales of Liquor to Minors--Any person who shall sell any 
liquor to any person under the age of 21 years shall be guilty of a 
Class A Offense as defined in the tribal law and order code and shall 
be further subject to forfeit any license issued pursuant to Title 12; 
provided, however, that the forfeiture of any license issued pursuant 
to Title 12 may occur only after notice and a hearing according to the 
procedures set forth in section 12-50-020 of Title 12.
    12-40-060  Unlawful Transfer of Identification--Any person who 
transfer in any manner an identification of age to a minor for the 
purpose of permitting such minor to obtain liquor shall be guilty of a 
Class A Offense as defined in the Tribal Law and Order Code. 
Corroborative testimony of a witness other than the minor shall be a 
requirement of conviction under this section.
    12-40-070  Possession of False or Altered Identification--Any 
person who attempts to purchase an alcoholic beverage through the use 
of false or altered identification which falsely purports to show the 
individual to be over the age of 21 years shall be guilty of a Class D 
Offense as defined in the Tribal Law and Order Code.
    12-40-080  General Penalties--Any person guilty of a violation of 
Title 12 for which no penalty has been specifically provided shall be 
liable upon conviction for the penalty prescribed for Class A Offenses 
in the Tribal Law and Order Code.
    12-40-090  Identification; Proof of Minimum Age--Where there may be 
a question of a person's right to purchase liquor by reason of his age, 
such person shall be required to present any one of the following 
officially issued cards of identification which shows his correct age 
and bears his signature and photograph:
    (a) Liquor control authority card of identification of any state;
    (b) Driver's license of any state or ``Identicard'' issued by any 
state Department of Motor Vehicles;
    (c) United States Active Duty Military Identification;
    (d) Passport; or
    (e) Las Vegas Paiute Tribal Identification or Enrollment Card.
    12-40-100  Illegal Items Declared Contraband--Alcohol beverages 
which are possessed contrary to the terms of Title 12 are hereby 
declared to be contraband. Any officer who shall make an arrest under 
this section shall seize all contraband which he shall have the 
authority to seize consistent with the tribe's constitution, the Tribal 
Law and Order Code, the ICRA and any other applicable Federal law.
    12-40-110  Non-Indian Violations--Nothing in Title 12 shall be 
construed to require or authorize the criminal trial and punishment by 
the tribal court of any non-Indian except to the extent allowed under 
Federal law. In general, when any provision of Title 12 is violated by 
a non-Indian, he or she shall be referred to state and/or Federal 
authorities for prosecution under applicable law. It is the expressed 
intent of the tribe that any non-Indian referred to state and/or 
Federal authorities pursuant to this section be prosecuted to the 
furthest extent of applicable law.

12-50  Abatement of Continuing Violations

    12-50-010  Declaration of Nuisance--Any room, house, building, 
boat, vessel, vehicle, structure, or other place where liquor is sold, 
manufactured, bartered, exchanged, given away, furnished, or otherwise 
disposed of in violation of the provisions of Title 12 and all property 
kept in and used in maintaining such place, including tribal liquor 
licenses related to any such property, are hereby declared to be a 
common nuisance.
    12-50-020  Institution of Action--The Chairman of the tribal 
council or the Chief of the tribal law enforcement department may 
institute and maintain an action in the tribal court in the name of the 
tribe to abate and perpetually enjoin any nuisance declared under 
article 12-50 of Title 12 or any other violation of Title 12. The 
plaintiff shall be required to file grounds in the action, and 
restraining orders, temporary injunctions, and permanent injunctions 
may be granted in the case as in other injunction proceedings. Upon 
final judgment against the defendant, the tribal court may order the 
forfeiture of any license issued pursuant to Title 12 and that the 
offending room, house, building, boat, vessel, vehicle, structure, or 
place be closed for a period of one year or until the owner, lessee, 
tenant, or occupant thereof shall give bond of sufficient sum of not 
less than $1,000.00 payable to the tribe, which bond shall be 
conditioned on the agreement of such [[Page 30897]] person that liquor 
will not be thereafter manufactured, kept, sold, bartered, exchanged, 
given away, furnished, or otherwise disposed of thereof in violation of 
the provisions of Title 12 and that such person will pay all fines, 
costs and damages assessed against him for any violation of Title 12. 
If any conditions of the bond are violated, the whole amount may be 
recovered as a penalty for the use of the tribe. Any action taken under 
this section shall be in addition to any criminal penalties provided 
for under Title 12 or any other applicable provision of the Tribal Law 
and Order Code.
    12-50-030  Abatement of Nuisance--In all cases where any person has 
been convicted of a violation of Title 12, an action may be brought in 
tribal court to abate as a nuisance any real estate or other property 
involved in the commission of the offense, and in any such action a 
certified copy of the record of such conviction shall be admissible in 
evidence and prima facie evidence that the room, house, vessel, boat, 
building, vehicle, structure, or place against which such action is 
brought is a public nuisance.

12-60  Severability and Effective date

    12-60-010  Severability--If any application or provision, or any 
portion of any provisions, of Title 12 is determined by review of any 
court of competent jurisdiction to be invalid, such adjudication shall 
not render ineffectual the remaining portions of Title 12 or render 
such provisions automatically inapplicable to other persons or 
circumstances.
    12-60-020  Effective Date--Title 12 shall be effective as a matter 
of tribal law on the date of its adoption by the tribal council and 
effective as a matter of Federal law on such date as the Secretary of 
the Interior certifies and publishes the same in the Federal Register.
    12-60-030  Inconsistent Enactments Rescinded--Any and all prior 
enactments of the tribal council which are inconsistent with the 
provisions of Title 12 are hereby rescinded to the extent of such 
inconsistency.
    12-60-040  Application of 18 U.S.C. 1161--All acts and transactions 
under Title 12 shall be in conformity with the laws of the State of 
Nevada to the extent required under 18 U.S.C. 1161.
    12-60-050  Jurisdiction and Sovereign Immunity--Nothing in Title 12 
shall be construed to limit the jurisdiction of the tribe, the tribal 
court or tribal law enforcement personnel and nothing herein shall 
limit or constitute a waiver of the sovereign immunity of the tribe or 
its officers, instrumentalities and agents or authorize any form a 
prospective waiver of such sovereign immunity. Nothing in Title 12 
shall be construed as an admission that any body politic, other than 
the tribe, has jurisdiction over any matter arising from or related to 
the reservation, except to the extent such jurisdiction is confirmed by 
Federal law.

    Dated: May 24, 1995.
Ada E. Deer,
Assistant Secretary-Indian Affairs.
[FR Doc. 95-14252 Filed 6-9-95; 8:45 am]
BILLING CODE 4310-02-M