[Federal Register Volume 60, Number 134 (Thursday, July 13, 1995)]
[Notices]
[Pages 36190-36193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17190]



      

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Part III





Department of the Interior





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Bureau of Indian Affairs



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Chemehuevi Indian Tribe Liquor Licensing Ordinance; Notice

  Federal Register / Vol. 60, No. 134 / Thursday, July 13, 1995 / 
Notices   

[[Page 36190]]


DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Chemehuevi Indian Tribe Liquor Licensing 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 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that Resolution No. 
CHEM. R. 94-10-F, a resolution to repeal Tribal Ordinance No. 4, 7, 14, 
and 18, rescind Tribal Resolution 94-06-G, and adopt a new ordinance 
entitled ``Liquor License Ordinance,'' was duly adopted by the 
Chemehuevi Tribal Council of the Chemehuevi Indian Tribe of the 
Chemehuevi Reservation, California, on October 29, 1994. The Ordinance 
provides for the regulation of the sale, possession, consumption, 
distribution and manufacture of liquor in the area of Indian Country 
under the jurisdiction of the Chemehuevi Indian Tribe of California.

DATES: This ordinance is effective as of July 13, 1995.

FOR FURTHER INFORMATION CONTACT: Branch of Judicial Services, Division 
of Tribal Government Services, 1849 C St., NW., Mail-Stop 2611-MIB, 
Washington, DC 20240-4001; Telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Chemehuevi Indian Tribe Liquor Licensing 
Ordinance reads as follows:

Chemehuevi Liquor Licensing Ordinance

    Section 1. Declaration of Findings. The Council hereby finds as 
follows:
    1. Under the Constitution of the Tribe, the Council is charged with 
the duty of protecting the health, education, and general welfare of 
the Chemehuevi Indian Tribe.
    2. The introduction, possession and sale of alcoholic beverages on 
the Chemehuevi Indian Reservation is a matter of special concern to the 
Tribe.
    3. Federal law leaves to tribes the decision regarding when and to 
what extent alcoholic beverage transactions shall be permitted on 
Indian reservations.
    4. Present day circumstances make a complete ban on alcoholic 
beverages within the Chemehuevi Indian Reservation ineffective and 
unrealistic. At the same time, a need still exists for strict tribal 
regulation and control over alcoholic beverage distribution.
    5. The enactment of a tribal ordinance governing alcoholic beverage 
sales on the Chemehuevi Indian Reservation and providing for the 
purchase and sale of alcoholic beverages through tribally licensed 
outlets will increase the ability of the tribal government of control 
the distribution, sale and possession of liquor on the Chemehuevi 
Indian Reservation, and at the same time will provide an important and 
urgently needed source of revenue for the continued operation of the 
tribal government and delivery of tribal governmental services.
    Section 2. Declaration of Policy. The Council hereby declares that 
the policy of the Tribe is to eliminate the evils of unlicensed and 
unlawful manufacture, distribution, and sale of alcoholic beverages on 
the Chemehuevi Indian Reservation and to promote temperance in the use 
and consumption of alcoholic beverages increasing tribal control over 
the possession and distribution of alcoholic beverages on the 
Reservation.
    Section 3. Repeal of Ordinance Number 18 and Adoption of Liquor 
Licensing Ordinance. To the extent not previously repealed either 
expressly or by implication, Ordinances Nos. 4, 7, 14, and 18 are 
hereby expressly repealed.

Liquor Licensing Ordinance

Chapters:
    02 General Provisions
    04 Definitions
    06 Prohibition of the Unlicensed Sale of Liquor on the Reservation
    08 Application for License
    10 Issuance, Renewal, and Transfer of Licenses
    12 Revocation of Licenses
    14 Enforcement

Chapter 02

General Provisions
Sections:
    02.010 Short title.
    02.020 Purpose.
    02.030 Sovereign immunity preserved.
    02.040 Applicability within the reservation.
    02.050 Interpretation and findings.
    02.060 Conflicting provisions.
    02.070 Application of 18 U.S.C. 1161.

    02.010  Short Title. This ordinance shall be known and cited as the 
``Chemehuevi Liquor Licensing Ordinance''.
    02.020 Purpose. The purpose of this ordinance is to prohibit the 
importation, manufacture, distribution and sale of alcoholic beverages 
on the Chemehuevi Indian Reservation except pursuant to a license 
issued by the Chemehuevi Tribal Council under the provisions of this 
ordinance.
    02.030 Sovereign immunity preserved. Nothing in this ordinance is 
intended or shall be construed as a waiver of the sovereign immunity of 
the Chemehuevi Indian Tribe. No officer or employee of the Chemehuevi 
Indian Tribe is authorized nor shall he/she attempt to waive the 
immunity of the Tribe under the provisions of this ordinance unless 
such officer or employee has an expressed and explicit written 
authorization from the Chemehuevi Tribal Council.
    02.040 Applicability within the reservation. This ordinance shall 
apply to all persons within the exterior boundaries of the Chemehuevi 
Indian Reservation consistent with the applicable federal Indian liquor 
laws.
    02.050 Interpretation and findings. The Chemehuevi Tribal Council 
in the first instance may interpret any ambiguities contained in this 
ordinance.
    02.060 Conflicting provisions. Whenever any conflict occurs between 
the provisions of this ordinance or the provisions of any other 
ordinance of the Tribe, the stricter of such provisions shall apply.
    02.070 Application of 18 U.S.C. 1161. The importation, manufacture, 
distribution and sale of alcoholic beverages on the Chemehuevi Indian 
Reservation shall be in conformity with this ordinance and in 
conformity with the laws of the State of California as that phrase or 
term is used in 18 U.S.C. Sec. 1161.

Chapter 04

Definitions
Sections:
    04.010 Interpretation.
    04.020 Alcohol.
    04.030 Alcoholic beverages.
    04.040 Beer.
    04.050 Distilled spirits.
    04.060 Importer.
    04.070 Liquor license.
    04.080 Manufacturers.
    04.090 Person.
    04.100 Reservation.
    04.110 Sale.
    04.120 Seller.
    04.130 Tribal Council.
    04.140 Wine.

    04.010 Interpretation. In construing the provisions of this 
ordinance, the following words or phrases shall have the meaning 
designated unless a different meaning is expressly provided or the 
context clearly indicates otherwise.
    04.020  Alcohol. ``Alcohol'' means ethyl alcohol, hydrated oxide of 
ethyl, 

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or spirits of wine, from whatever source or by whatever process 
produced.
    04.030 Alcoholic beverage. ``Alcoholic beverage'' includes all 
alcohol, spirits, liquor, wine, beer, and any liquid or solid 
containing alcohol, spirits wine or beer, and which contains one half 
of one percent or more of alcohol by volume and which is fit for 
beverage purposes either alone or when diluted, mixed, or combined with 
other substances. It shall be interchangeable in this ordinance with 
the term ``liquor''.
    04.040 Beer. ``Beer'' means any alcoholic beverage obtained by the 
fermentation of any infusion or decoction or barley, malt, hops, or any 
other similar product, or any combination thereof in water, and 
includes ale, porter, brown, stout, lager beer, small beer, and strong 
beer, and also includes sake, otherwise known as Japanese rice wine.
    04.050 Distilled spirits. ``Distilled spirits'' means any alcoholic 
beverage obtained by the distillation of fermented agricultural 
products, and includes alcohol for beverage use, spirits of wine, 
whiskey, rum, brandy, and gin, including all dilutions and mixtures 
thereof.
    04.060 Importer. ``Importer'' means any person who introduces 
alcohol or alcoholic beverages into the Chemehuevi Indian Reservation 
from outside the exterior boundaries of the Reservation for the purpose 
of sale or distribution within the Reservation, provided however, the 
term importer as used herein shall not include a wholesaler licensed by 
any state or tribal government selling alcoholic beverages to a seller 
licensed by a state or tribal government to sell at retail.
    04.070 Liquor License. ``Liquor license'' means a license issued by 
the Chemehuevi Tribal Council under the provisions of this ordinance 
authorizing the sale, manufacture, or importation of alcoholic 
beverages on or within the Reservation consistent with federal law.
    04.080 Manufacturer. ``Manufacturer'' means any person engaged in 
the manufacture of alcohol or alcoholic beverages.
    04.090 Person. ``Person'' means any individual, whether Indian or 
non-Indian, receiver, assignee, trustee in bankruptcy, trust, estate, 
firm, partnership, joint corporation, association, society, or any 
group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group, whether recognized by the United States Government or otherwise. 
The term shall also include the businesses of the Tribe. It shall be 
interchangeable in this ordinance with the term ``seller'' or 
``licensee''.
    04.100 Reservation. ``Reservation'' means all lands within the 
exterior boundaries of the Chemehuevi Indian Reservation and such other 
lands as may hereafter be acquired by the Tribe, whether within or 
without said boundaries, under any grant, transfer, purchase, gift, 
adjudication, executive order, Act of Congress, or other means of 
acquisition.
    04.110 Sale. ``Sale'' means the exchange of property and/or any 
transfer of the ownership of, title to, or possession of property for a 
valuable consideration, exchange or barter, in any manner or by any 
means whatsoever. It includes conditional sales contracts, leases with 
options to purchase, and any other contract under which possession of 
property is given to the purchaser, buyer, or consumer but title is 
retained by the vendor, retailer, manufacturer, or wholesaler, as 
security for the payment of the purchase price. Specifically, it shall 
include any transaction whereby, for any consideration, title to 
alcoholic beverages is transferred from one person to another, and 
includes the delivery of alcoholic beverages pursuant to an order 
placed for the purchase of such beverages, or soliciting or receiving 
such beverages.
    04.120 Seller. ``Seller'' means any person who, while within the 
exterior boundaries of the Reservation, sells, solicits or receives an 
order for any alcohol, alcoholic beverages, distilled spirits, beer, or 
wine.
    04.130 Tribal Council. ``Tribal Council'', or ``Council'' means the 
Chemehuevi Tribal Council.
    04.140 Wine. ``Wine'' means the product obtained from the normal 
alcoholic fermentation of the juice of the grapes or other agricultural 
products containing natural or added sugar or any such alcoholic 
beverage to which is added grape brandy, fruit brandy, or spirits of 
wine, which is distilled from the particular agricultural product or 
products of which the wine is made, and other rectified wine products.

Chapter 06

Prohibition of the Unlicensed Sale of Liquor
Sections:
    06.010 Prohibition of the unlicensed sale of liquor.
    06.020   Authorization to sell liquor.
    06.030  Types of licenses.

    06.010  Prohibition of the unlicensed sale of liquor. No person 
shall import for sale, manufacture, distribute or sell any alcoholic 
beverages within the reservation without first applying for and 
obtaining a written license from the Council issued in accordance with 
the provisions of this ordinance.
    06.020  Authorization to sell liquor. Any person applying for and 
obtaining a liquor license under the provisions of this ordinance shall 
have the right to engage only in those liquor transactions expressly 
authorized by such license and only at those specific places or areas 
designated in said license.
    06.030  Types of licenses. The Council shall have the authority to 
issue the following types of liquor licenses within the reservation:
    A. ``Retail on-sale general license'' means a license authorizing 
the applicant to sell alcoholic beverages at retail to be consumed by 
the buyer only on the premises or at the location designated in the 
license.
    B. ``Retail on-sale beer and wine license'' means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer only on the premises or at the location 
designated in the license.
    C. ``Retail off-sale general license'' means a license authorizing 
the applicant to sell alcoholic beverages at retail to be consumed by 
the buyer off of the premises or at a location other than the one 
designated in the license.
    D. ``Retail off-sale beer and wine license'' means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer off of the premises or at a location other than 
the one designated in the license.
    E. ``Manufacturers license'' means a license authorizing the 
applicant to manufacture alcoholic beverages for the purpose of sale on 
the reservation.

Chapter 08

Applications for Licenses
Sections:
    08.010  Application form and content.
    08.020  Fee accompanying application.
    08.030  Investigation; denial of application.
    08.010  Application form and content. An application for a license 
shall be made to the Council and shall contain the following 
information:
    A. The name and address of the applicant. In the case of a 
corporation, the names and addresses of all of the principal officers, 
directors and stockholders of the corporation. In the case of a 
partnership, the name and address of each partner.
    B. The specific area, location and/or premises for which the 
license is applied for. 

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    C. The type of liquor transaction applied for (i.e. retail on-sale 
general license, etc.).
    D. Whether the applicant has a state liquor license.
    E. A statement by the applicant to the effect that the applicant 
has not been convicted of a felony and has not violated and will not 
violate or cause or permit to be violated any of the provisions of this 
ordinance or any of the provisions of the California Alcoholic Beverage 
Control Act.
    F. The signature and fingerprint of the applicant. In the case of a 
partnership, the signature and fingerprint of each partner. In the case 
of a corporation, the signature and fingerprint of each of the officers 
of the corporation under the seal of the corporation.
    G. The application shall be verified under oath, notarized and 
accompanied by the license fee required by this ordinance.
    08.020  Fee accompanying application. The Council shall by 
resolution establish a fee schedule for the issuance, renewal and 
transfer of the following types of licenses:
    A. Retail on-sale general license;
    B. Retail on-sale beer and wine license;
    C. Retail off-sale general license;
    D. Retail off-sale beer and wine license; and
    E. Manufacturers license.
    08.030  Investigation; denial of application. Upon receipt of an 
application for the issuance, transfer or renewal of a license and the 
application fee required herein, the Council shall make a thorough 
investigation to determine whether the applicant and the premises for 
which a license is applied for qualify for a license and whether the 
provisions of this ordinance have been complied with, and shall 
investigate all matters connected therewith which may affect the public 
welfare and morals. The Council shall deny an application for issuance, 
renewal or transfer of a license if either the applicant or the 
premises for which a license is applied for does not qualify for a 
license under this ordinance.
    The Council further may deny any application for issuance, renewal 
or transfer of a license if the Council cannot make the findings 
required by Section 10.20 of this Ordinance or the Council finds that 
the issuance of such a license would tend to create a law enforcement 
problem, or if the applicant has misrepresented any facts in the 
application or given any false information to the Council in order to 
obtain a license.

Chapter 10

Issuance, Renewal and Transfer of Licenses
Sections:
    10.010  Public hearing.
    10.020  Council action on the application.
    10.030  Multiple locations.
    10.040  Calendar year time limit.
    10.050  Transfer of licenses.
    10.010  Public hearing. Upon receipt of an application for 
issuance, renewal or transfer of a license, and the payment of all fees 
required under this ordinance, the Secretary of the Council shall set 
the matter for a public hearing. Notice of the time and place of the 
hearing shall be given to the applicant and the public at least ten 
(10) calendar days before the hearing. Notice shall be given to the 
applicant by prepaid U.S. mail at the address listed in the 
application. Notice shall be given to the public by publication in a 
newspaper of general circulation sold on the Reservation. The notice 
published in the newspaper shall include the name of the applicant and 
the type of license applied for and a general description of the area 
where liquor will be sold. At the hearing, the Council shall hear from 
any person who wishes to speak for or against the application. The 
Council shall have the authority to place time limits on each speaker 
and limit or prohibit repetitive testimony.
    10.020  Council action on the application. Within thirty (30) days 
of the conclusion of the public hearing, the Council shall act on the 
matter. The Council shall have the authority to deny, approve or 
approve with conditions the application. Before approving the 
application, the Council shall find: (1) that the site for the proposed 
premises has adequate parking, lighting, security and ingress and 
egress so as not to adversely affect adjoining properties or 
businesses, and (2) that the sale of alcoholic beverages at the 
proposed premises is consistent with the Tribe's Zoning Ordinance.
    Upon approval of an application, the Council shall issue a license 
to the applicant in a form to be approved from time to time by the 
Council by resolution. All businesses shall post their tribal liquor 
licenses issued under this ordinance in a conspicuous place upon the 
premises where alcoholic beverages are sold, manufactured or offered 
for sale.
    10.030  Multiple locations. Each license shall be issued to a 
specific person. Separate licenses shall be issued for each of the 
premises of any business establishment having more than one location. 
In the case of the sale of alcoholic beverages on boats a separate 
license shall be issued for each boat regardless of the fact that the 
boats are moored at one location or owned by one person.
    10.040  Term of license. Temporary licenses. All licenses issued by 
the Council shall be issued on a calendar year basis and shall be 
renewed annually; provided, however, that the Council may issue special 
licenses for the sale of alcoholic beverages on a temporary basis for 
premises temporarily occupied by the licensee for a picnic, social 
gathering, or similar occasion at a fee to be established by the 
Council by resolution.
    10.050  Transfer of licenses. Each license issued or renewed under 
this ordinance is separate and distinct and is transferable from the 
licensee to another person and/or from one premises to another premises 
only with the approval of the Council. The Council shall have the 
authority to approve, deny or approve with conditions any application 
for the transfer of any license. In the case of a transfer to a new 
person, the application for transfer shall contain all of the 
information required of an original applicant under Section 08.010 of 
this ordinance. In the case of a transfer to a new location, the 
application shall contain an exact description of the location where 
the alcoholic beverages are proposed to be sold.

Chapter 12

Revocation of Licenses
Sections:
    12.010  Revocation of license.
    12.020  Accusations.
    12.030  Hearing.

    12.010  Revocation of license. The Council shall revoke a license 
upon any of the following grounds:
    A. The misrepresentation of a material fact by an applicant in 
obtaining a license or a renewal thereof.
    B. The violation of any condition imposed by the Council on the 
issuance, transfer or renewal of a license.
    C. A plea, verdict, or judgment of guilty, or the plea of nolo 
contendere to any public offense involving moral turpitude under any 
federal or state law prohibiting or regulating the sale, use, 
possession, or giving away of alcoholic beverages or intoxicating 
liquors.
    D. The violation of any tribal ordinance.
    E. The failure to take reasonable steps to correct objectionable 
conditions on the licensed premises or any immediate adjacent area 
leased, assigned or rented by the licensee constituting a nuisance 
within a reasonable time after receipt of 

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a notice to make such corrections has been received from the Council or 
its authorized representative.
    12.020  Accusations. The Council on its own motion through the 
adoption of an appropriate resolution meeting the requirements of this 
section or any person may initiate revocation proceedings by filing an 
accusation with the Secretary of the Council. The accusation shall be 
in writing and signed by the maker, and shall state facts showing that 
there are specific grounds under this ordinance which would authorize 
the Council to revoke the license or licenses of the licensee against 
whom the accusation is made. Upon receipt of an accusation, the 
Secretary of the Council shall cause the matter to be set for a hearing 
before the Council. Thirty (30) days prior to the date set for the 
hearing, the Secretary shall mail a copy of the accusation along with a 
notice of the day and time of the hearing before the Council. The 
notice shall command the licensee to appear and show cause why the 
licensee's license should not be revoked. The notice shall state that 
the licensee has the right to file a written response to the 
accusation, verified under oath and signed by the licensee ten (10) 
days prior to the hearing date.
    12.030  Hearing. Any hearing held on any accusation shall be held 
before a majority of the Council under such rules of procedure as it 
may adopt. Both the licensee and the person filing the accusation, 
including the Tribe, shall have the right to present witnesses to 
testify and to present written documents in support of their positions 
to the Council. The Council shall render its decision within sixty (60) 
days after the date of the hearing. The decision of the Council shall 
be final and non-appealable.

Chapter 14

Enforcement
Sections:
    14.010  General penalties.
    14.020  Initiation of action.

    14.010  General penalties. Any person adjudged to be in violation 
of this ordinance shall be subject to a civil penalty of not more than 
Five Hundred Dollars ($500.00) for each such violation. The Council may 
adopt by resolution a separate schedule of fines for each type of 
violation, taking into account its seriousness and the threat it may 
pose to the general health and welfare of tribal members. Such schedule 
may also provide, in the case of repeated violations, for imposition of 
monetary penalties greater than the Five Hundred Dollars ($500.00) 
limitation set forth above. The penalties provided for herein shall be 
in addition to any criminal penalties which may hereafter be imposed 
under a separate ordinance adopted by the Council.
    The penalties provided for herein shall be in addition to any 
criminal penalties which may hereafter be imposed in conformity with 
federal law by separate Chapter or provision of this Ordinance or by a 
separate ordinance of the Chemehuevi Tribal Code.
    14.020  Initiation of action. Any violation of this ordinance shall 
constitute a public nuisance. The Council may initiate and maintain an 
action in tribal court or any court of competent jurisdiction to abate 
and permanently enjoin any nuisance declared under this ordinance. Any 
action taken under this section shall be in addition to any other 
penalties provided for this ordinance.
    Section 4. Severability. If any part or provision of this ordinance 
or the application thereof to any person or circumstance is held 
invalid, the remainder of the ordinance, including the application of 
such part or provision to other persons or circumstances, shall not be 
affected thereby and shall continue in full force and effect. To this 
end the provisions of this ordinance are severable.
    Section 5. Effective Date. This ordinance shall be effective on 
such date as the Secretary of the Interior certifies this ordinance and 
publishes the same in the Federal Register.

    Dated: July 6, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-17190 Filed 7-12-95; 8:45 am]
BILLING CODE 4310-02-P