[Federal Register Volume 60, Number 122 (Monday, June 26, 1995)]
[Notices]
[Pages 33068-33071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15529]




[[Page 33067]]

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Part III





Department of the Interior





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Bureau of Indian Affairs



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The Twenty-Nine Palms Band of Mission Indians Liquor Control Ordinance; 
Notice

  Federal Register / Vol. 60, No. 122 / Monday, June 26, 1995 / Notices 
   
[[Page 33068]] 

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


The Twenty-Nine Palms Band of Mission Indians Liquor Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

Action: Notice.

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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 the Twenty-Nine Palms 
Band of Mission Indians Liquor Ordinance was duly adopted by the 
Twenty-Nine Palms Band of Mission Indians on October 6, 1994, and 
amended twice, by resolution No. 950608 of June 8, 1995, and by 
resolution No. 950615A of June 15, 1995. The Ordinance provides for the 
regulation, distribution, possession, sale, and consumption of liquor 
on lands held in trust belonging to the Twenty-Nine Palms Band of 
Mission Indians.

DATES: This ordinance is effective as of June 26, 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 Twenty-Nine Palms Band of Mission 
Indians Liquor Control Ordinance is to read as follows:

Liquor Ordinance of the Twenty-Nine Palms Band of Mission Indians

Chapter I--Introduction

101. Title. This ordinance shall be known as the ``Liquor ordinance of 
the Twenty-Nine Palms Band of Mission Indians.''
102. Authority. This ordinance is enacted pursuant to the Act of August 
15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and Article 
6A(5) of the Twenty-Nine Palms Band of Mission Indians Articles of 
Association.
103. Purpose. The purpose of this ordinance is to regulate and control 
the possession and sale of liquor on the Twenty-Nine Palms Indian 
Reservation. The enactment of a tribal ordinance governing liquor 
possession and sale on the reservation will increase the ability of the 
tribal government to control reservation liquor distribution and 
possession, and at the same time will provide an important source of 
revenue for the continued operation and strengthening of the tribal 
government and the delivery of tribal government services.
Chapter II--Definitions

201. As used in this ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise.
202. ``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 of this substance.
203. ``Alcoholic Beverage.'' Is synonymous with the term ``Liquor'' as 
defined in Section 208 of this Chapter.
204. ``Bar.'' Means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises of beer, as herein defined.
205. ``Beer.'' Means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesome grain of cereal in pure 
water containing not more than four percent of alcohol by volume. For 
the purposes of this title, any such beverage, including ale, stout, 
and porter, containing more than four percent of alcohol by weight 
shall be referred to as ``strong beer.''
206. ``Committee.'' Means the Business Committee of the Twenty-nine 
Palms Band of Mission Indians.
207. ``General Council.'' Means the general council of the Twenty-nine 
Palms Band of Mission Indians which is composed of the voting 
membership of the Tribe as a whole.
208. ``Liquor.'' Includes the four varieties of liquor herein defined 
(alcohol, spirits, wine and beer), and all fermented spirituous, 
vinous, or malt liquor or combination thereof, and mixed liquor, or 
otherwise intoxicating; and every liquid or solid or semisolid or other 
substance, patented or not, containing alcohol, spirits, wine or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substances, which contain more than one percent of alcohol by weight 
shall be conclusively deemed to be intoxicating.
209. ``Liquor Store.'' Means any store at which liquor is sold and, for 
the purposes of this ordinance, including stores only a portion of 
which are devoted to sale of liquor or beer.
210. ``Malt Liquor.'' Means beer, strong beer, ale stout, and porter.
211. ``Package.'' Means any container or receptacle used for holding 
liquor.
212. ``Public Place.'' Includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishment, public buildings, public meeting halls, lobbies, halls 
and dining rooms of hotels, restaurants, theater, gaming facilities, 
entertainment centers, store garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds of character; and all other places of like or similar nature to 
which the general public has unrestricted right of access, and which 
are generally used by the public. For the purposes of this ordinance, 
``Public Place'' shall also include any establishment other than a 
single family home which is designed for or may be used by more than 
just the owner of the establishment.
213. ``Reservation.'' Means land held in trust by the United States 
Government for the benefit of the Twenty-nine Palms Band of Mission 
Indians (see also Tribal Land).
214. ``Sale'' and ``Sell.'' Include 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 or brewed liquor 
or wine by any person to any person.
215. ``Spirits.'' Means any beverage, which contains alcohol obtained 
by distillation, including wines exceeding seventeen percent of alcohol 
by weight.
216. ``Tribe.'' Means the Twenty-nine Palms Band of Mission Indians.
217. ``Tribal Land.'' Means any land within the exterior boundaries of 
the Reservation which is held in trust by the United States for the 
Tribe as a whole, including and such land leased to other parties. 
[[Page 33069]] 
218. ``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.
219. ``Trust Account.'' Means the account designated by the tribal 
treasurer for deposit of proceeds from the tax from the sale of 
alcoholic beverages.
220. ``Trust Agent.'' Means the tribal Chairperson or a designee of the 
Chairperson.

Chapter III--Powers of Enforcement

301. Powers. The Committee, in furtherance of this ordinance, shall 
have the following powers and duties:
    a. To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of alcoholic beverages on the 
Reservation;
    b. To employ managers, accountants, security personnel, inspectors, 
and such other persons as shall be reasonably necessary to allow the 
Committee to perform its functions. Such employees shall be tribal 
employees;
    c. To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Reservation;
    d. To hold hearings on violations of this ordinance or for the 
issuance or revocation of licenses hereunder;
    e. To bring suit in the appropriate court to enforce this ordinance 
as necessary;
    f. To determine and seek damages for violation of this ordinance;
    g. To make such reports as may be required by the General Council;
    h. To collect taxes and fees levied or set by the Committee, and to 
keep accurate records, books and accounts; and
    i. To exercise such other powers as are delegated by the General 
Council.
302. Limitation on Powers. In the exercise of its powers and duties 
under this ordinance, the Committee and its individual members shall 
not accept any gratuity, compensation or other thing of value from any 
liquor wholesaler, retailer, or distributor or from any licensee.
303. Inspection Rights. The premises on which liquor is sold or 
distributed shall be open for inspection by the Committee at all 
reasonable times for the purposes of ascertaining whether the rules and 
regulations of this ordinance are being complied with.
Chapter IV--Sales of Liquor

401. Licenses Required. No sales of alcoholic beverages shall be made 
within the exterior boundaries of the Reservation, except at a 
tribally-licensed or tribally-owned business operated on tribal land 
within the exterior boundaries of the Reservation.
402. Sales Only on Tribal Land. All liquor sales within the exterior 
boundaries of the Reservation shall be on Tribal Land, including leases 
thereon.
403. Sales for Cash. All liquor sales within the Reservation boundaries 
shall be on a cash only basis and no credit shall be extended to any 
person, organization, or entity, except that this provision does not 
prevent the use of major credit cards such as Visa, American Express, 
etc.
404. Sale for Personal Consumption. All sales shall be for the personal 
use and consumption of the purchaser. Resale of any alcoholic beverage 
purchased within the exterior boundaries of the Reservation is 
prohibited. Any person who is not licensed pursuant to this ordinance 
who purchases an alcoholic beverage within the boundaries of the 
Reservation and sells it, whether in the original container or not, 
shall be guilty of a violation of this ordinance and shall be subjected 
to paying damages to the Tribe as set forth herein.

Chapter V--Licensing

501. Applicable for Tribal Liquor License Requirements. No tribal 
license shall issue under this ordinance except upon a sworn 
application filed with the Committee containing a full and complete 
showing of the following:
    a. Satisfactory proof that the applicant is or will be duly 
licensed by the State of California.
    b. Satisfactory proof that the applicant is of good character and 
reputation among the people of the Reservation and that the applicant 
is financially responsible.
    c. The description of the premises in which the intoxicating 
beverages are to be sold, proof that the applicant is the owner of such 
premises, or lessee of such premises, for at least the term of the 
license.
    d. Agreement by the applicant to accept and abide by all conditions 
of the tribal license.
    e. Payment of $250.00 fee as prescribed by the Committee.
    f. Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony.
    g. Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least 30 days prior to 
consideration by the Committee and has been published at least twice in 
such local newspaper serving the community that may be affected by the 
license of the Tribal Chairman or Secretary may authorize. The notice 
shall state the date, time, and place when the application shall be 
considered by the Committee pursuant to section 502 of this ordinance.
502. Hearing on Application for Tribal Liquor License. All applications 
for a tribal liquor license shall be considered by the Committee in 
open session at which the applicant, his attorney, and any person 
protesting the application shall have the right to be present, and to 
offer sworn oral or documentary evidence relevant to the application. 
After the hearing, the Committee, by secret ballot, shall determine 
whether to grant or deny the application based on:
    (1) Whether the requirements of section 501 have been met; and
    (2) Whether the Committee, in its discretion, determines that 
granting the license is in the best interests of the Tribe.

In the event that the applicant is a member of the General Council, or 
a member of the immediate family of a General Council member, such 
member shall not vote on the application or participate in the hearings 
as a Committee member.
503. Temporary Permits. The Committee or their designee may grant a 
temporary permit for the sale of intoxicating beverages for a period 
not to exceed three (3) days to any person applying for the same in 
connection with a tribal or community activity, provided that the 
conditions prescribed in Section 504 of this ordinance shall be 
observed by the permittee. Each permit issued shall specify the types 
of intoxicating beverages to be [[Page 33070]] sold. Further, a fee of 
$25.00 will be assessed on temporary permits.
504. Conditions of the Tribal License. Any tribal license issued under 
this title shall be subject to such reasonable conditions as the 
Committee shall fix, including, but not limited to the following:
    a. The license shall be for a term not to exceed 1 year.
    b. The license shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    c. The State of California shall have jurisdiction over offenses 
and civil causes of action committed on the licensed premises to the 
same extent that it has jurisdiction over offenses civil causes of 
action committed elsewhere within California, and the California 
criminal laws, and civil laws of general applicability to private 
persons or private property, shall have the same force and effect on 
the licensed premises as they have elsewhere in California.
    d. The licensed premises shall be subject to patrol by the tribal 
police department, and such other law enforcement officials as may be 
authorized under federal, California, or tribal law.
    e. The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during the regular business 
hours.
    f. Subject to the provisions of subsection ``g'' of this section, 
no intoxicating beverages shall be sold, served, disposed of, 
delivered, or given to any person, or consumed on the licensed premises 
except in conformity with the hours and days prescribed by the laws of 
the State of California, and in accordance with the hours fixed by the 
Committee, provided that the licensed premises shall not operate or 
open earlier or operate or close later than is permitted by the laws of 
the State of California.
    g. No liquor shall be sold within 200 feet of a polling place on 
tribal election days, or when a referendum is held of the people of the 
Tribe, and including special days of observation as designated by the 
Committee.
    h. All acts and transactions under authority of the tribal liquor 
license shall be in conformity with the laws of the State of 
California, and shall be in accordance with this ordinance and any 
tribal license issued pursuant to this ordinance.
    i. No person under the age permitted under the laws of the State of 
California shall be sold, served, delivered, given, or allowed to 
consume alcoholic beverages in the licensed establishment and/or area.
    j. There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.
505. License Not a Property Right. Notwithstanding any other provision 
of this ordinance, a tribal liquor license is a mere permit for a fixed 
duration of time. A tribal liquor license shall not be deemed a 
property right or vested right of any kind, nor shall the granting of a 
tribal liquor license give rise to a presumption of legal entitlement 
to the granting of such license for a subsequent time period.
506. Assignment or Transfer. No tribal license issued under this 
ordinance shall be assigned or transferred without the written approval 
of the Committee expressed by formal resolution.

Chapter VI--Rules, Regulations, and Enforcement

601. Sales or Possession With Intent to Sell Without a Permit. Any 
person who shall sell or offer for sale or distribute or transport in 
any manner, any liquor in violation of this ordinance, or who shall 
operate or shall have liquor in his possession with intent to sell or 
distribute without a permit, shall be guilty of a violation of this 
ordinance.
602. Purchases From Other Than Licensed Facilities. Any person within 
the boundaries of the Reservation who buys liquor from any person other 
than at a properly licensed facility shall be guilty of a violation of 
this ordinance.
603. Sales to Persons Under the Influence of Liquor. Any person who 
sells liquor to a person apparently under the influence of liquor shall 
be guilty of a violation of this ordinance.
604. Consuming Liquor in Public Conveyance. Any person engaged wholly 
or in part in the business of carrying passengers for hire, and every 
agent, servant or employee or such person who shall knowingly permit 
any person to drink any liquor in any public conveyance shall be guilty 
of an offense. Any person who shall drink any liquor in a public 
conveyance shall be guilty of a violation of this ordinance.
605. Consumption or Possession of Liquor by Persons Under 21 Years of 
Age. No person under the age of 21 years shall consume, acquire or have 
in his possession any alcoholic beverage. No person shall permit any 
other person under the age of 21 to consume liquor on his premises or 
any premises under his control except in those situations set out in 
this section. Any person violating this section shall be guilty of a 
separate violation of this ordinance for each and every drink so 
consumed.
606. Sales of Liquor to Persons Under 21 Years of Age. Any person who 
shall sell or provide liquor to any person under the age of 21 years 
shall be guilty of a violation of this ordinance for each sale or drink 
provided.
607. Transfer of Identification to Minor. Any person who transfers in 
any manner an identification of age to a minor for the purpose of 
permitting such minor to obtain liquor shall be guilty of an offense; 
provided, that corroborative testimony of a witness other than the 
minor shall be a requirement of finding a violation of this ordinance.
608. Use 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 violating this ordinance.
609. Violations of This Ordinance. Any person guilty of a violation of 
this ordinance shall be liable to pay the Tribe a penalty not to exceed 
$500 per violation as civil damages to defray the Tribe's cost of 
enforcement of this ordinance. In addition to any penalties so imposed, 
any license issued hereunder may be suspended or cancelled by the 
Committee for the violation of any of the provisions of this ordinance, 
or of the tribal license, upon hearing before the Committee after 10 
days notice to the licensee. The decision of the Committee shall be 
final.
610. Acceptable Identification. 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 issued cards of 
identification which shows his correct age and bears his signature and 
photograph:
    1. Driver's license of any state or identification card issued by 
any State Department of Motor Vehicles;
    2. United States Active Duty Military;
    3. Passport [[Page 33071]] 
611. Possession of Liquor Contrary to This Ordinance. Alcoholic 
beverages which are possessed contrary to the terms of this ordinance 
are declared to be contraband. Any tribal agent, employee, or officer 
who is authorized by the Committee to enforce this section shall have 
the authority to, and shall seize, all contraband.
612. Disposition of Seized Contraband. Any officer seizing contraband 
shall preserve the contraband in accordance with the appropriate 
California law code. Upon being found in violation of the ordinance by 
the Committee, the party shall forfeit all right, title and interest in 
the items seized which shall become the property of the Tribe.

Chapter VII--Taxes

701. Sales Tax. There is hereby levied and shall be collected a tax on 
each sale of alcoholic beverages on the Reservation in the amount of 
one percent (1%) of the amount actually collected, including payments 
by major credit cards. The tax imposed by this section shall apply to 
all retail sales of liquor on the Reservation and shall preempt any tax 
imposed on such liquor sales by the State of California.
702. Payment of Taxes to Tribe. All taxes from the sale of alcoholic 
beverages on the Reservation shall be paid over to the trust agent of 
the Tribe.
703. Taxes Due. All taxes for the sale of alcoholic beverages on the 
Reservation are due within thirty (30) days of the end of the calendar 
quarter for which the taxes are due.
704. Reports. Along with payment of the taxes imposed herein, the 
taxpayer shall submit an accounting for the quarter of all income from 
the sale or distribution of said beverages as well as for the taxes 
collected.
705. Audit. As a condition of obtaining a license, the licensee must 
agree to the review or audit of its books and records relating to the 
sale of alcoholic beverages on the Reservation. Said review or audit 
may be done annually by the Tribe through its agents or employees 
whenever, in the opinion of the Committee, such a review or audit is 
necessary to verify the accuracy of reports.

Chapter VIII--Profits

801. Disposition of Proceeds. The gross proceeds collected by the 
Committee from all licensing provided from the taxation of the sales of 
alcoholic beverages on the Reservation shall be distributed as follows:
    a. For the payment of all necessary personnel, administrative 
costs, and legal fees for the operation and its activities.
    b. The remainder shall be turned over to the Trust Account of the 
Tribe.

Chapter IX--Severability and Miscellaneous

901. Severability. If any provision or application of this ordinance is 
determined by review to be invalid, such adjudication shall not be held 
to render ineffectual the remaining portions of this title or to render 
such provisions inapplicable to other persons or circumstances.
902. Prior Enactments. And all prior enactments of the Committee which 
are inconsistent with the provisions of this ordinance are hereby 
rescinded.
903. Conformance with California Laws. All acts and transactions under 
this ordinance shall be in conformity with the laws of the State of 
California as that term is used in 18 U.S.C. 1161.
904. Effective Date. This ordinance shall be effective on June 26, 
1995, such date as the Secretary of the Interior certifies this 
ordinance and publishes the same in the Federal Register.

Chapter X--Amendment

1001. This ordinance may only be amended by a majority vote of the 
General Council.

Chapter XI--Sovereign Immunity

1101. Nothing contained in this ordinance is intended to, nor does in 
any way limit, alter, restrict, or waive the Tribe's sovereign immunity 
from unconsented suit or action.

    Dated: June 16, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-15529 Filed 6-23-95; 8:45 am]
BILLING CODE 4310-02-P