[Federal Register Volume 60, Number 238 (Tuesday, December 12, 1995)]
[Notices]
[Pages 63723-63724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-30244]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Upper Skagit Indian Tribe 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 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. 95-18, the Upper Skagit Indian Tribe Liquor Control Ordinance was 
duly adopted by the Upper Skagit Indian Tribe on May 4, 1995. This 
Ordinance provides for the possession, sale, introduction for sale, 
purchase, or other dealing in alcoholic beverages within Upper Skagit 
Indian Tribe country, as defined by 18 U.S.C. 1151.

DATES: This Ordinance is effective as of December 12, 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; telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Upper Skagit Indian Tribe Liquor Control 
Ordinance is to read as follows:

Upper Skagit Indian Tribe Liquor Control Ordinance

Part I. Policy and Definitions

Section 1.1. Public Policy Declared
    This Tribal Liquor Control Ordinance shall be cited as the ``Upper 
Skagit Tribal Liquor Control Ordinance'' (the ``Ordinance''). Under the 
inherent sovereignty of the Upper Skagit Indian Tribe (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. ``Tribal Council'' shall mean the Tribal Council of the Upper 
Skagit Indian Tribe, 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 Tribal Council shall have the sole and exclusive right to 
authorize the importation of alcoholic beverages into the Upper Skagit 
Reservation and Indian Country over which the Upper Skagit 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 Upper Skagit Reservation or Indian Country 
over which the Upper Skagit Tribe has jurisdiction unless authorized by 
the Tribal Council to do so.
Section 1.5. Community On-Site Sales
    The Tribal Council shall establish and maintain within the Upper 
Skagit Reservation a Casino, including full-service restaurants 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 restaurants and bar and in accordance with the 
provisions of this Ordinance. The Tribal Council 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 Upper Skagit 
Reservation or in Indian Country under the Tribe's 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. Sec. 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. 

[[Page 63724]]


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 Tribal 
Council. If the Tribal Council 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 Tribal Council can issue, by resolution, an appropriate license 
to a 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 Tribal Council shall have the power to issue licenses to 
any tribal or state chartered corporation, individual or partnership or 
other entity to undertake any sales or transactions 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 Tribal Council or its authorized employees. The 
Tribal Council 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 Tribal Council 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 Tribal Council, nor shall the licensee allow any other 
person or entity to use the license.
    3.3.4 The Tribal Council may, for violations of this Ordinance, 
suspend or cancel any license. Prior to cancellation or suspension of a 
license, the Tribal Council shall send notice of its intent to cancel 
or suspend the license to the licensee. A licensee whose Liquor License 
is cancelled or suspended by the Tribal Council shall be entitled to 
appeal the cancellation or suspension within 10 days of the receipt 
from the Tribal Council of such notice by filing a Notice of Appeal 
with the Clerk of the Tribal Court. The appeal of any such Notice shall 
be determined by the Tribal Court in accordance with the Ordinances of 
the Tribe governing Tribal Court actions and the decision of the Tribal 
Court, including any appeal within the Tribal Court system, shall be 
final and binding on the parties.
    3.3.5 No license issued under this Ordinance shall be valid for a 
period longer than one year.
Section 3.3.4. Regulations
    The Tribal Council 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 
Tribal Council. Any amendment to this Liquor Ordinance shall be 
published as required pursuant to Federal Law.
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 Upper 
Skagit Indian Tribe.
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 Upper Skagit Indian Tribe 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. Sec. 1161.

    Dated: December 5, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-30244 Filed 12-11-95; 8:45 am]
BILLING CODE 4310-02-P