[Federal Register Volume 60, Number 136 (Monday, July 17, 1995)]
[Notices]
[Pages 36564-36565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17426]




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Part IV





Department of the Interior





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Bureau of Indian Affairs



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Confederated Tribes of the Chehalis Reservation Liquor Ordinance; 
Notice

  Federal Register / Vol. 60, No. 136 / Monday, July 17, 1995 / 
Notices  

[[Page 36564]]


DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Confederated Tribes of the Chehalis Reservation Liquor 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 by Resolution 
No. 95-23, the Confederated Tribes of the Chehalis Reservation Liquor 
Ordinance was duly adopted by the Confederated Tribes of the Chehalis 
Reservation Business Committee on May 1, 1995. The Ordinance provides 
for the regulation, manufacture, distribution, possession, sale, and 
consumption of liquor on the Chehalis Reservation under the 
jurisdiction of the Confederated Tribes of the Chehalis Reservation. We 
understand from the Tribe that notices of the Tribe's intent to cancel 
or suspend a license under Part III, subsection 3.3.4, may be contested 
and reviewed in tribal court. Amendments to the ordinance pursuant to 
Part IV, section 4.2, may be effective as to tribal members prior to 
publication in the Federal Register but are not effective as to non-
members until published in the Federal Register.

DATES: The Ordinance is effective as of July 17, 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 Confederated Tribes of the Chehalis 
Reservation Liquor Ordinance is to read as follows:

Confederated Tribes of the Chehalis Indian Reservation Tribal Liquor 
Control Ordinance

Part I. Policy and Definitions

Section 1.1. Public Policy Declared

    This Tribal Liquor Control Ordinance shall be cited as the 
``Chehalis Tribal Liquor Control Ordinance'' (the ``Ordinance''). Under 
the inherent sovereignty of the Confederated Tribes of the Chehalis 
Indian Reservation (the ``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 members 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

    The stated terms are defined as follows:
    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. ``Business Committee'' shall mean the Tribal Business Committee 
of the Confederated Tribes of the Chehalis Indian Reservation, which is 
its governing body.
    c. ``Legal Age'' shall mean the age requirements, as defined in 
Part II, Section 2.2.
    d. ``Sale'' shall mean 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.

Section 1.3. General Prohibition

    It shall be a violation of Tribal law to manufacture for sale, to 
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 Business Committee shall have the sole and exclusive right to 
authorize the importation of alcoholic beverages into the Chehalis 
Reservation and Indian country over which the Chehalis Tribe has 
jurisdiction for sale or for the purpose of conducting transactions 
therewith, and no person or organization shall so import any such 
alcoholic beverages into the Chehalis Reservation or Indian country 
over which the Chehalis Tribe has jurisdiction unless authorized by the 
Business Committee to do so.

Section 1.5. Community On-Site Sales

    The Business Committee shall establish and maintain within the 
Chehalis Reservation a casino, including full-service restaurant, deli 
and bar, all of which are located within the casino facility, which 
shall be authorized to store and sell alcoholic beverages in 
conjunction with the operation of the restaurant, deli and bar and in 
accordance with the provisions of this Ordinance. The Business 
Committee shall set the prices of alcoholic beverages sold.

Section 1.6. State of Washington Licenses and Agreements

    The Tribe/casino/licensee/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 
in order to allow the Tribe to sell liquor on the Reservation or 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 Tribe 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 Tribe shall comply with the State of Washington laws regarding 
restrictions on the sale of alcoholic beverages to 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

    Any tribally-operated or licensed establishment shall sell or 
furnish alcoholic beverages for on-site consumption only during hours 
or on days which are in compliance with applicable Washington 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 
provision of this Ordinance is vested exclusively with the Tribe's 
Business Committee. If the Business Committee enters into any 
agreements with the State regarding the sale of liquor, the agreement 
shall be deemed to constitute tribal law.

Section 3.2. Tribally-Owned Establishments

    The Business Committee can issue, by resolution, an appropriate 
license to a 

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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 Business Committee 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 a license shall be submitted in the form 
prescribed by the Business Committee or its authorized employees. The 
Business Committee 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 Business Committee 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 Business Committee, nor shall the licensee allow any 
other person or entity to use the license.
    3.3.4  The Business Committee 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 of a license, the Business Committee shall send notice of 
its intent to cancel or suspend the license to the licensee.
    3.3.5  No license issued under this Ordinance shall be valid for a 
period longer than one year.

Section 3.4  Regulations

    The Business Committee 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 
Business Committee. Amendments of this Ordinance need not be published 
in the Federal Register to become effective.

Section 4.3  Sovereign Immunity

    Nothing in this Ordinance is intended, nor shall anything contained 
in it be construed, as a waiver of the sovereign immunity of the 
Confederated Tribes of the Chehalis Indian Reservation.

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, nor shall it be construed, as a grant of 
jurisdiction from the Confederated Tribes of the Chehalis Indian 
Reservation 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: June 16, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-17426 Filed 7-14-95; 8:45 am]
BILLING CODE 4310-02-P