[Federal Register Volume 61, Number 127 (Monday, July 1, 1996)]
[Notices]
[Pages 33941-33943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16635]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
The Confederated Tribes of the Grand Ronde; Community of Oregon
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 the Confederated
Tribes of the Grand Ronde Community of Oregon Liquor Ordinance was duly
adopted by Resolution No. 022-96 of the Confederated Tribes of the
Grand Ronde Community of Oregon on April 10, 1996. The Ordinance
provides for the regulation, sale, possession and use of alcoholic
liquor on the Grand Ronde Reservation and other lands subject to Tribal
jurisdiction.
DATES: This Ordinance is effective as of July 1, 1996.
FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services,
Division of Tribal Government Services, 1849 C Street, N.W., MS 4603
MIB, Washington, D.C. 20240-4001; telephone (202) 208-4401.
SUPPLEMENTARY INFORMATION: The Confederated Tribes of the Grand Ronde
Community of Oregon Liquor Ordinance is to read as follows:
(a) Authority and Purpose
(1) The authority for the Ordinance and its adoption by Tribal
Council is found in the Tribal Constitution under Article III, Section
1, and in the Act of August 15, 1953, Public Law 83-277, 18 U.S.C.
Sec. 1161.
(2) This Ordinance is for the purpose of regulating the sale,
possession and use of alcoholic liquor on the Grand Ronde Reservation
and other lands subject to Tribal jurisdiction.
(b) Definitions
To the extent that definitions are consistent with tribal or
federal law, terms used herein shall have the same meaning as defined
in Oregon Revised Statutes Chapter 471, and in Oregon Administrative
Rules Chapter 845.
(1) ``Alcoholic liquor'' shall mean any alcoholic beverage
containing more than one-half of one percent alcohol by volume, and
every liquid or solid, patented or not, containing alcohol and capable
of being consumed by a human being.
[[Page 33942]]
(2) ``Grand Ronde Reservation'' shall mean all lands held in trust
by the United States for the Tribe or its members and all lands owned
by the Tribe, wherever located.
(3) Whenever the words ``sell'' or ``to sell'' refer to anything
forbidden by this Chapter and related to alcoholic liquor, they
include:
(A) To solicit or receive an order.
(B) To keep or expose for sale.
(C) To deliver for value or in any way other than purely
gratuitously.
(D) To peddle.
(E) To keep with intent to sell.
(F) To traffic in.
(G) For any consideration, promise or obtained directly or
indirectly under any pretext or by any means or procure or allow to be
procured for any other person.
(4) The word ``sale'' includes every act of selling as defined in
subsection 2 of this section.
(c) Prohibited Activity
(1) It shall be unlawful for any person to sell, trade or
manufacture any alcoholic liquor on the Grand Ronde Reservation except
as provided for in this Ordinance.
(2) It shall be unlawful for any business establishment or person
on the Grand Ronde Reservation to possess, transport or keep with
intent to sell, barter or trade to another, any liquor, except for
those commercial liquor establishments on the Grand Ronde Reservation
licensed by the Tribe, provided, however, that a person may transport
liquor from a licensed establishment consistent with the terms of the
license.
(3) It shall be unlawful for any person to consume alcoholic liquor
on a public highway.
(4) It shall be unlawful for any person to publicly consume any
alcoholic liquor at any community function, or at or near any place of
business, Indian celebration grounds, recreational areas, including
ballparks, and public camping areas, the Tribal Headquarters area and
any other area where minors gather for meetings or recreation, except
within a tribally licensed establishment where alcohol is sold.
(5) It shall be unlawful for any person under the age of 21 years
to buy, attempt to buy or to misrepresent their age in attempting to
buy, alcoholic liquor. It shall be unlawful for any person under the
age of 21 years to transport, possess or consume any alcoholic liquor
on the Grand Ronde Reservation, or to be under the influence of alcohol
or to be at an established commercial liquor establishment, except as
authorized under Section (e) of this Ordinance . No person shall sell
or furnish alcoholic liquor to any minor.
(6) Alcoholic liquor may not be given as a prize, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
(d) Procedure for License
(1) Any request for a license under this Ordinance must be
presented to the Tribal Council at least 30 days prior to the requested
effective date. Tribal Council shall set license conditions at least as
strict as those required by federal law, including at a minimum:
(A) Liquor may only be served and handled in a manner no less
strict than allowed under Oregon Revised Statutes Chapter 471.
(B) Liquor may only be served by staff of the licensee; and
(C) Liquor may only be served in rooms where gambling is not taking
place.
(2) Council action on a license request must be taken at a regular
or special meeting. Unless the request is for a special event license,
the Council shall give at least 14 days notice of the meeting at which
the request will be considered. Notice shall be posted at the Tribal
Council offices and at the establishment requesting the license, and
will be sent by Certified Mail to the Oregon Liquor Control Commission.
(e) Sale or Service of Liquor by Licensee's Minor Employees
(1) The holder of a license issued under this Ordinance or Oregon
Revised Statutes Chapter 472 may employ persons 18, 19 and 20 years of
age who may take orders for, serve and sell alcoholic liquor in any
part of the licensed premises when that activity is incidental to the
serving of food except in those areas classified by the Oregon Liquor
Control Commission as being prohibited to the use of minors. However,
no person who is 18, 19 or 20 years of age shall be permitted to mix,
pour or draw alcoholic liquor except when pouring is done as a service
to the patron at the patron's table or drawing is done in a portion of
the premises not prohibited to minors.
(2) Except as stated in this section, it shall be unlawful to hire
any person to work in connection with the sale and service of alcoholic
beverages in a tribally licensed liquor establishment if such person is
under the age of 21 years.
(f) Warning Signs Required
(1) Any person in possession of a valid retail liquor license, who
sells liquor by the drink for consumption on the premises or sells for
consumption off the premises, shall post a sign informing the public of
the effects and risks of alcohol consumption during pregnancy.
(2) The sign shall:
(A) Contain the message: ``Pregnancy and alcohol do not mix.
Drinking alcoholic beverages, including wine, coolers and beer, during
pregnancy can cause birth defects.''
(B) Be either:
(i) A large sign, no smaller than eight and one-half inches by 11
inches in size with lettering no smaller than five-eighths of an inch
in height; or
(ii) A reduced sign, five by seven inches in size with lettering
of the same proportion as the large sign described in paragraph (a) of
this subsection.
(C) Contain a graphic depiction of the message to assist nonreaders
in understanding the message. The depiction of a pregnant female shall
be universal and shall not reflect a specific race or culture.
(D) Be in English unless a significant number of the patrons of the
retail premises use a language other than English as a primary
language. In such cases, the sign shall be worded both in English and
the primary language or languages of the patrons.
(E) Be displayed on the premises of all licensed retail liquor
premises as either a large sign at the point of entry, or a reduced
sized sign at points of sale.
(3) The person described in subsection (1) of this section shall
also post signs of any size at places where alcoholic beverages are
displayed.
(g) Civil Penalty
(1) Any person who violates the provisions of this Ordinance is
deemed to have consented to the jurisdiction of the Tribal Court and
may be subject to a civil penalty in Tribal Court for a civil
infraction. Such civil penalty shall not exceed the sum of $1,000 for
each such infraction, provided, however, that the penalty shall not
exceed $5,000 if it involves minors.
(2) The procedures governing the adjudication in Tribal Court of
such civil infractions shall be those set out in the Trial Court rules.
(3) The Tribal Council hereby specifically finds that such civil
penalties are reasonably necessary and are related to the expense of
governmental administration necessary in maintaining law and order and
public safety on the Reservation and in managing, protecting and
developing the natural resources on the Reservation. It is the
legislative intent of the Tribal Council that all violations of this
Chapter, whether committed by tribal members, non-member Indians, or
[[Page 33943]]
non-Indians, be considered civil in nature rather than criminal.
(h) Severability
(1) If a court of competent jurisdiction finds any provision of
this Ordinance to be invalid or illegal under applicable Federal or
Tribal law, such provision shall be severed from this Ordinance and the
remainder of this Ordinance shall remain in full force and effect.
(i) Consistency With State Law
(1) The Confederated Tribes of Grand Ronde agrees to perform in the
same manner as any other Oregon business entity for the purpose of
liquor licensing and regulations, including but not limited to
licensing, compliance with the regulations of the Oregon Liquor Control
Commission, maintenance of liquor liability insurance, as more
specifically set forth in a certain ``Memorandum of Understanding
Governing Liquor Licensing and Regulation,'' negotiated under the
approved terms of the Tribal/State Compact for the regulation of Class
III gaming, entered into between The Confederated Tribes of Grand Ronde
and the State of Oregon, which is incorporated as if specifically set
forth herein, as it may be amended from time to time.
(j) Effective Date
(1) This Ordinance shall be effective upon publication in the
Federal Register after approval by the Secretary of the Interior or his
designee.
Dated: June 25, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-16635 Filed 6-28-96; 8:45 am]
BILLING CODE 4310-02-P