[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Notices]
[Pages 55588-55589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27102]



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DEPARTMENT OF THE INTERIOR

Yerington Paiute Tribe--Liquor Control Ordinance No. OY-95-04

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. Sec. 1161. I certify that the 
Yerington Paiute Tribe--Liquor Control Ordinance was duly adopted by 
the Yerington Paiute Tribe on October 19, 1994. The ordinance provides 
for the regulation, distribution, possession, sale, and consumption of 
liquor on lands held in trust belonging to the Yerington Paiute Tribe.

DATES: This ordinance is effective as of November 1, 1995.

FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services, 
Division of Tribal Government Services, 1849 C Street, N.W., MS 2611 
MIB, Washington, D.C. 20240-4001; telephone 202/208-4400.

SUPPLEMENTARY INFORMATION: The Yerington Paiute Tribe Liquor Control 
Ordinance is to read as follows:

Law and Order Code

Title 18--Alcohol Control

18-10  Legalization of Alcohol and Repealer
    18-10-010  Introduction of Alcoholic Beverages

    (a) The introduction, possession, use and consumption of alcoholic 
beverages shall be lawful within the exterior boundaries of the land in 
the State of Nevada under the territorial jurisdiction of the Yerington 
Paiute Tribe so long as it is done in accordance with the provisions of 
this Title and any other ordinance or laws of the Yerington Paiute 
Tribe not inconsistent with this Title.
    (b) As used in this ordinance ``Alcoholic Beverages'' means liquor, 
beer, wine, and every liquid containing one-half of one percent or more 
alcohol by volume and which is used for beverage purposes

    18-10-020  Repeal

    All ordinance resolutions or acts of the Yerington Paiute Tribal 
Council which are in conflict with this Title are hereby repealed.

18-20  Minors, Disturbing the Peace
    18-20-010  Drinking Age

    It is unlawful for any person under the age of 21 years to possess, 
sell, trade, consume, receive, transfer, manufacture, or give away any 
alcoholic beverages including but not limited to wine, beer, ale and 
hard liquor.

    18-20-020  Providing Liquor to Minors

    It is unlawful for any person to furnish any alcoholic beverage to 
any person under the age of 21 years or to leave or to deposit any 
alcoholic beverages with the intent or implication that the alcoholic 
beverage shall be procured by any person under the age of 21. 
Punishment for this offense shall be the same as for driving under the 
influence under Section 18-30-020 except that there shall be no driving 
privilege suspension.

    18-20-030  Drinking in Public Prohibited

    It is unlawful for any Person to use or consume alcoholic beverages 
in any public place except as allowed by special tribal permit pursuant 
to Section 18-40-020.


[[Page 55589]]

    18-20-040  Disturbing the Peace While Intoxicated

    It is unlawful for any person to create a disturbance or nuisance 
in a public or private place while under the influence of alcohol if 
said disturbance or nuisance interrupts another in the quiet enjoyment 
(appropriate to time and place) of public or private property.

18-30  Vehicles and Alcohol
    18-30-010  Vehicles and Open Containers

    It is unlawful to use, consume or possess any open bottle, can, 
package or container of alcoholic beverage in any part of a motor 
vehicle with access available to the driver or passengers while such 
vehicle is moving. An open container shall be any container with the 
seal broken that is not completely empty.

18-40  Selling Liquor, Special Permits
    18-40-010  Selling Liquor

    Except as set forth in 18-40-020, Special Permits, below, it shall 
be unlawful to sell alcoholic beverages by the glass, bottle, can or 
package except on the premises of a business operated by the Yerington 
Paiute Tribe.

    18-40-020  Special Permits
    The Tribal Council may issue and sell special permits to private 
individuals or groups who have applied for such a permit, for the 
public sale and consumption of beer and wine within certain 
particularly defined areas for special occasions.

18-50  Punishment, Bail, Civil Protective Custody, Impound
    18-50-010  Punishment

    (a) Any Indian who violates any provision of this Title shall be 
deemed guilty of a Class A offense. All periods of jail time whether 
mandatory or discretionary, imposed relative to an offense for 
intoxicating beverages, may be substituted day for day by placement in 
a residential treatment center.
    (b) Any Non-Indian who violates any provision of this Title shall 
be referred to the State of Nevada and/or Federal Law Enforcement 
authorities for prosecution under applicable law.

    18-50-020  Bail
    The minimum bail for any offense under this Title is $500.00.
    18-50-030  Civil Protective Custody

    (a) Assuming a person is not committing any offense under this 
Title (eg. public consumption, disturbing the peace) then it shall not 
be unlawful to merely appear in a public or private place in an 
intoxicated condition.
    (b) However, except as provided in subsection (f), any person shall 
be placed under civil protective custody by a peace officer, if found 
in a public or private place under the influence of alcohol in such a 
condition that he is unable to exercise care for his own health or 
safety or the health or safety of others for whom the person is 
responsible and where no one else is present to insure such health or 
safety of the person or others.
    (c) A peace officer may use upon such person such force as would be 
lawful if he were effecting an arrest.
    (d) If a licensed facility for treatment of alcohol abusers exists 
for convenient use of the Yerington Paiute Tribe, any such Indian 
person shall be taken there. If no such facility exists the person 
shall be placed in the jail facility used by the Yerington Paiute Tribe 
for the person's own health and safety. Placement shall be until the 
person is not under the influence of alcohol or a period not less than 
12 hours, except that the person may not be kept against his will for 
longer than 72 hours.
    (e) The placement of such Indian person in civil protective custody 
shall be recorded at the facility or jail to which he is delivered and 
communicated at the earliest practical time to his family or next of 
kin if they can be located.
    (f) The provisions of this section shall not apply to any driver 
arrested for the offense of operating a vehicle under the influence of 
alcoholic beverage.
    (g) Any Non-Indian person taken into civil protective custody shall 
be referred to the State of Nevada and/or Federal Law Enforcement 
authorities or any other agency of the State of Nevada which would have 
authority to receive and/or assist such a person had said person taken 
into civil protective custody under the laws of the State of Nevada.

    Dated: October 19, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-27102 Filed 10-31-95; 8:45 am]
BILLING CODE 4310-02-P