[Federal Register Volume 62, Number 142 (Thursday, July 24, 1997)]
[Notices]
[Pages 39855-39859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19410]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Confederated Tribes of Siletz Indians of Oregon Alcohol Beverage 
Control Law

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 DM8, and in accordance with the Act of August 15, 
1953, 67 Stat. 586, 18 U.S.C. Sec. 1161. I certify that Resolutions 
numbered 96-110, 97-064 and 97-211, Liquor Ordinance of the 
Confederated Tribes of Siletz Indians, was duly adopted by the Siletz 
Tribal Council on April 20, 1996 and February 16, 1997. The Ordinance 
provides for the regulation of the activities of the manufacture, 
distribution, sale, and consumption of liquor on reservation lands 
subject to the jurisdiction of the Confederated Tribes of Siletz 
Indians of Oregon.

DATES: This Ordinance is effective July 24, 1997.

FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Office of Tribal 
Services, 1849 C Street NW, MS 4641-MIB, Washington, D.C. 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Confederated Tribes of Siletz Indians of 
Oregon's Resolutions numbered 96-110 and 97-064 read as follows.

Liquor Ordinance of the Confederated Tribes of Siletz Indians of 
Oregon, Chapter 14, Part I

Introduction

Section 14.01  Title

    This Ordinance shall be known as the ``Liquor Ordinance of the 
Confederated Tribes of Siletz Indians'' (hereinafter ``Siletz Tribe''). 
This ordinance may be referred to as the ``Siletz Liquor Control 
Ordinance.''

Section 14.02  Purpose and Authority

    The purpose of this ordinance is to regulate and control the 
possession and sale of liquor within Siletz Indian country, as 
specifically authorized and approved by the General Council referendum 
under Article VII, Section 2 of the Siletz Tribal Constitution. The 
authority for enactment of this Ordinance is as follows:
    (a) The Act of August 15, 1953 (Public Law 83-277, 67 Stat. 586, 
codified as 18 U.S.C. Sec. 1161) which provides a federal statutory 
basis for the Siletz Tribe to regulate the activities of the 
manufacture, distribution, sale and consumption of liquor on Indian 
lands under the jurisdiction of the Confederated Tribes of Siletz 
Indians of Oregon, so long as such ordinance is in conformance with the 
laws of the State of Oregon; and
    (b) Article IV, Section 1, of the Constitution of the Confederated 
Tribes of Siletz Indians of Oregon, which vests the Tribal Council with 
legislative and administrative authority, and otherwise empowers the 
Tribal Council to act for the Confederated Tribes of Siletz Indians of 
Oregon.

Part II

Definitions

Section 14.03

    (a) As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    (1) Alcohol means that substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine which is commonly produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions of this substance.
    (2) Alcoholic Beverage is synonymous with the term ``Liquor'' as 
defined in paragraph 6 of this section.
    (3) Bar means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises of liquor, as herein defined.
    (4) Beer means any beverage obtained by the alcoholic fermentation 
of any infusion or decoction of pure hops, or pure extract of hops and 
pure barley malt or other wholesome grain of cereal in pure water 
containing not more than four percent of alcohol by volume.
    (5) Committee for the purposes of this Ordinance shall mean the 
Tribal Council of the Siletz Tribe.

[[Page 39856]]

    (6) Liquor including the four varieties of liquor herein defined 
(alcohol, spirits, wine and beer), and all fermented spirituous, 
vinous, or malt liquor or combination thereof, and mixed liquor, or 
otherwise intoxicating and every liquid or solid or semisolid or other 
substance, patented or not, containing alcohol, spirits, wine or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substances, which contain more than one percent of alcohol by weight 
shall be conclusively deemed to be intoxicating.
    (7) Liquor Store means any store at which liquor is sold, and for 
the purposes of this Ordinance, includes a store at which only a 
portion of which is devoted to the sale of liquor or beer.
    (8) Malt Liquor means beer, ale, stout, and porter.
    (9) Package means any container or receptacle used for holding 
liquor.
    (10) Public Place includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishments, public buildings, public meeting halls, lobbies, halls 
and dining rooms of hotels, restaurants, theaters, gaming facilities, 
entertainment centers, store garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds and character; and all other places of like or similar nature to 
which the general public has right of access, and which are generally 
used by the public. For the purposes of this Ordinance, ``Public 
Place'' shall also include any establishment other than a single family 
home which is designed for or may be used by more than just the owner 
of the establishment.
    (11) Reservation means the Siletz Tribe Reservation, which is held 
in trust by the United States for the benefit of the Siletz Tribe or 
held in trust for the benefit of an individual member of the Siletz 
Tribe.
    (12) Sale and Sell include exchange, barter, and traffic; and also 
include the selling or supplying or distributing by any means 
whatsoever, of liquor, or of any liquid known or described as beer or 
by any name whatsoever commonly used to describe malt or brewed liquor 
or wine by any person to any person.
    (13) Spirits mean any beverage, which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent of alcohol by 
weight.
    (14) Tribe means the Confederated Tribes of Siletz Indians of 
Oregon.
    (15) Wine means any alcoholic beverage obtained by fermentation of 
fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during or after fermentation, and containing not more 
than seventeen percent of alcohol by weight, including sweet wines 
fortified with wine spirits such as port, sherry, muscatel, and 
angelica, not exceeding seventeen percent of alcohol by weight.
    (b) (1) To the extent that definitions are not inconsistent with 
tribal or federal law, the terms used in this ordinance shall have the 
same meaning as defined in Title 37, Oregon Revised Statutes, Chapter 
471, and as defined in Oregon Administrative Rules, Chapter 845.
    (2) References in Section 14.03 to federal and Oregon state law 
shall be those laws and regulations in effect as of May 18, 1996. 
Subsequent changes in those laws and regulations shall be considered 
incorporated into this ordinance and effective unless the Siletz Tribal 
Council or the General Council amends this Ordinance.

Section 14.04  Conformity to State Law

    (a) Statement of Objection. The Confederated Tribes of Siletz 
Indians of Oregon does not agree with the alleged authority of the 
United States or the State of Oregon to interfere with the Siletz 
Tribe's sovereign authority to regulate the control of liquor within 
Siletz Indian country. Nothing in this Ordinance shall be interpreted 
as a waiver of the Siletz Tribe's right and power to challenge such 
authority in judicial forums of competent jurisdiction, or by use of 
the political process. The Ordinance shall conform with the laws of the 
State of Oregon as required by 18 U.S.C. Sec. 1161, and Rice v. Rehner, 
463 U.S. 713 (1983).
    (b) Conformity to State Law. The Confederated Tribes of Siletz 
Indians of Oregon agrees to perform in the sale and possession of 
liquor 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 (OLCC), maintenance of liquor liability insurance, 
and other applicable subjects as the State may address by statute or 
regulation from time to time. The Tribal Council may enter into an 
intergovernmental agreement with the State of Oregon to address the 
details of compliance with state law and regulation under this 
Ordinance, provided, that any such intergovernmental agreement shall 
not conflict with or supersede the terms of this Ordinance, and shall 
not have force of law, unless and until this Ordinance has been validly 
amended pursuant to STC Sec. 14.39 and such amendment has been approved 
by the appropriate officials of the United States Department of the 
Interior, as required by federal law.
    (c) Jurisdiction/Dispute Resolution. Jurisdiction for enforcement 
of the provisions of this Ordinance by the State of Oregon shall be as 
set forth in an appropriate intergovernmental agreement between the 
Siletz Tribe and the State of Oregon. No consent to jurisdiction in the 
courts of the State of Oregon and no consent to a limited waiver of the 
Siletz Tribe's sovereign immunity shall be implied or inferred except 
through negotiation and express consent to jurisdiction and limited 
waiver of sovereign immunity in a valid intergovernmental agreement. 
Such agreement shall not supersede or conflict with any of the terms of 
this Ordinance, and shall not have force of law, unless and until this 
Ordinance has been validly amended pursuant to STC Sec. 14.39 and such 
amendment has been approved by the appropriate officials of the United 
States Department of the Interior, as required by federal law.
    (d) Future Changes in the Law. Amendment or modification of 
regulation by the Siletz Tribe of the sale and possession of liquor 
shall not be effective until this Ordinance has been validly amended 
pursuant to STC Sec. 14.39 and such amendment has been approved by the 
appropriate officials of the United States Department of the Interior, 
as required by federal law.

Part III

Powers of Enforcement

Section 14.05

    (a) Powers. The Committee, in furtherance of the Ordinance, shall 
have the following powers and duties, or may delegate such duties by 
resolution:
    (1) To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of alcoholic beverages on the 
Reservation;
    (2) To employ managers, accountants, security personnel, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Committee to perform its functions. Such employees shall be 
tribal employees;
    (3) To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Reservation;
    (4) To hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;

[[Page 39857]]

    (5) To bring suit in the appropriate court to enforce this 
Ordinance as necessary;
    (6) To determine and seek damages for violation of this Ordinance;
    (7) To make such reports as may be required;
    (8) To collect taxes and fees levied or set by the Committee, and 
to keep accurate records, books and accounts; and
    (9) To exercise such other powers as are necessary and appropriate 
to fulfill the purposes of this Ordinance.
    (b) The Committee shall have the authority to authorize the sale of 
liquor only on those areas of the Siletz Tribe's reservation that have 
been specifically approved by the Siletz General Council, by 
referendum, and under such conditions as may be included in said 
referendum.

Section 14.06  Limitation on Powers

    In the exercise of its powers and duties under this Ordinance, the 
Committee and its individual members shall not accept any gratuity, 
compensation or other thing of value from any liquor wholesaler, 
retailer, or distributor or from any licensee.

Section 14.07  Inspection Rights

    The premises on which liquor is sold or distributed shall be open 
for inspection by the Committee at all reasonable time for the purposes 
of ascertaining whether the rules and regulations of this Ordinance are 
being complied with.

Part IV

Sales of Liquor

Section 14.08  Licenses Required

    No sales of alcoholic beverages shall be made, except at a 
tribally-licensed or tribally-owned business operated on Reservation 
land within the exterior boundaries of the Siletz Tribe.

Section 14.09  Sales for Cash

    All liquor sales within the Reservation boundaries shall be on a 
cash only basis and no credit shall be extended to any person, 
organization, or entity, except that this provision does not prevent 
the use of major credit cards.

Section 14.10  Sale for Personal Consumption

    All sales shall be for the personal use and consumption of the 
purchaser. Resale of any alcoholic beverage purchases within the 
exterior boundaries of the Reservation is prohibited. Any person who is 
not licensed pursuant to this Ordinance who purchases an alcoholic 
beverage within the boundaries of the Reservation and sells it, whether 
in the original container or not, shall be guilty of a violation of 
this Ordinance and shall be subjected to paying damages to the Siletz 
Tribe as set forth herein.

Part V

Licensing

Section 14.11  Requirements for Application for Tribal Liquor License

    No individual tribal license shall issue under this Ordinance 
except upon a sworn application filed with the Committee containing a 
full and complete showing of the following:
    (a) Satisfactory proof that the applicant is or will be duly 
licensed by the State of Oregon.
    (b) Satisfactory proof that the applicant is of good character and 
reputation among the people of the Reservation and that the applicant 
is financially responsible.
    (c) The description of the premises in which the intoxicating 
beverages are to be sold, proof that the applicant is the owner of such 
premises, or lessee of such premises, for at least the term of the 
license.
    (d) Agreement by the applicant to accept and abide by all 
conditions of the tribal license.
    (e) Payment of a license fee as prescribed by the Committee.
    (f) Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony.
    (g) Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least 30 days prior to 
consideration by the Committee and has been published at least twice in 
such local newspaper serving the community that may be affected by the 
license. The notice shall state the date, time, and place when the 
application shall be considered by the Committee pursuant to Section 
14.12 of this Ordinance.

Section 14.12  Hearing on Application for Tribal Liquor License

    All applications for a tribal liquor license shall be considered by 
the Committee in open session at which the applicant, his/her attorney, 
and any person protesting the application shall have the right to be 
present, and to offer sworn oral or documentary evidence relevant to 
the applicant. After the hearing, the Committee, by secret ballot, 
shall determine whether to grant or deny the application based on:
    (a) Whether the requirements of Section 14.11 have been met; and
    (b) Whether the Committee, in its discretion, determines that 
granting the license is in the best interest of the Siletz Tribe.
    In the event that the applicant is a member of the Tribal Council, 
or a member of the immediate family of a Tribal Council member, such 
member shall not vote on the application or participate in the hearings 
as a Committee member.

Section 14.13  Temporary Permits

    The Committee or its designee may grant a temporary permit for the 
sale of intoxicating beverages for a period not to exceed three (3) 
days to any persons applying for the same in connection with a tribal 
or community activity, provided that the conditions prescribed in 
Section 14.14 of this Ordinance shall be observed by the permittee. 
Each permit issued shall specify the types of intoxicating beverages to 
be sold. Further, a fee, as set by the Committee, will be assessed on 
temporary permits.

Section 14.14  Conditions of the Tribal License

    Any tribal license issued under this Ordinance shall be subject to 
such reasonable conditions as the Committee shall fix, including, but 
not limited to the following:
    (a) The license shall be for a term not to exceed 2 years;
    (b) The licensee shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises;
    (c) The licensed premises shall be subject to patrol by the tribal 
police department, and such other law enforcement officials as may be 
authorized under applicable law;
    (d) The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during the regular business 
hours;
    (e) Subject to the provisions of subsection (g) of this Section, no 
intoxicating beverages shall be sold, served, disposed of, delivered or 
given to any person, or consumed on the licensed premises except in 
conformity with the hours and days prescribed by the laws of the State 
of Oregon, and in accordance with the hours fixed by the Committee, 
provided that the licensed premises shall not operate or open earlier 
or operate or close later than is permitted by the laws of the State of 
Oregon.
    (f) No liquor shall be sold within 200 feet of a polling place on 
tribal election days, or when a referendum is held of the people of the 
Siletz Tribe, and

[[Page 39858]]

including special days of observance as designated by the Committee.
    (g) All acts and transactions under authority of the tribal liquor 
licenses shall be in conformity with the laws of the State of Oregon, 
as required by federal law, and shall be in accordance with this 
Ordinance and any tribal license issued pursuant to this Ordinance.
    (h) No person under the age permitted under the laws of the State 
of Oregon shall be sold, served, delivered, given, or allowed to 
consume alcoholic beverages in the licensed establishment and/or area.
    (i) There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.

Section 14.15  License Not a Property Right

    Notwithstanding any other provision of this Ordinance, a tribal 
liquor license is a mere permit for a fixed duration of time. A tribal 
liquor license shall not be deemed a property right or vested right of 
any kind, nor shall the granting of a tribal liquor license give rise 
to a presumption of legal entitlement to the granting of such license 
for a subsequent time period.

Section 14.16  Assignment or Transfer

    No tribal license issued under this Ordinance shall be assigned or 
transferred without the written approval of the Committee expressed by 
formal resolution.

Part VI

Rules, Regulations and Enforcement

Section 14.17  Sales or Possession With Intent To Sell Without a Permit

    Any person who shall sell or offer for sale or distribute or 
transport in any manner, any liquor in violation of this Ordinance, or 
who shall operate or shall have liquor in his/her possession with 
intent to sell or distribute without a permit, shall be guilty of a 
violation of this Ordinance.

Section 14.18  Purchases From Other Than Licensed Facilities

    Any person within the boundaries of the Reservation who buys liquor 
from any person other than at a properly licensed facility shall be 
guilty of a violation of this Ordinance.

Section 14.19  Sales to Persons Under the Influence of Liquor

    Any person who sells liquor to a person apparently under the 
influence of liquor shall be guilty of a violation of this Ordinance.

Section 14.20  Consuming Liquor in Public Conveyance

    Any person engaged wholly or in part in the business of carrying 
passengers for hire, and every agent, servant or employee of such 
person who shall knowingly permit any person to drink any liquor in any 
public conveyance shall be guilty of a violation of this Ordinance. Any 
person who shall drink any liquor in a public conveyance shall be 
guilty of a violation of this Ordinance.

Section 14.21  Consumption or Possession of Liquor by Persons Under 21 
Years of Age

    No person under the age of 21 years shall consume, acquire or have 
in his/her possession any alcoholic beverage. No person shall permit 
any other person under the age of 21 to consume liquor on his/her 
premises or any premises under his/her control except in those 
situations set out in this Section. Any persons violating this Section 
shall be guilty of a separate violation of this Ordinance for each and 
every drink so consumed.

Section 14.22  Sales of Liquor to Persons Under 21 Years of Age

    Any person who shall sell or provide liquor to any person under the 
age of 21 years shall be guilty of a violation of this Ordinance for 
each sale or drink provided.

Section 14.23  Transfer of Identification to Minor

    Any person who transfers in any manner an identification of age to 
a minor for the purpose of permitting such minor to obtain liquor shall 
be guilty of an offense; provided, that corroborative testimony of a 
witness other than the minor shall be a requirement of finding a 
violation of this Ordinance.

Section 14.24  Use of False or Altered Identification

    Any person who attempts to purchase an alcoholic beverage through 
the use of false or altered identification which falsely purports to 
show the individual to be over the age of 21 years shall be guilty of 
violating this Ordinance.

Section 14.25  Violation of This Ordinance

    Any person guilty of a violation of this Ordinance shall be liable 
to pay the Siletz Tribe a penalty not to exceed $500 per violation as 
civil damages to defray the Siletz Tribe's cost of enforcement of this 
Ordinance. In addition to any penalties so imposed, a license issued 
hereunder may be suspended or canceled by the Committee for the 
violation of any of the provisions of this Ordinance, or of the tribal 
license, upon hearing before the Committee after 10 days notice to the 
licensee. The decision of the Committee shall be final.

Section 14.26  Acceptable Identification

    Where there may be a question of a person's right to purchase 
liquor by reason of his/her age, such person shall be required to 
present any one of the following issued cards of identification which 
shows his/her correct age and bears his/her signature and photograph:
    (1) Driver's license of any state or identification card issued by 
any State Department of Motor Vehicles;
    (2) United States Active Duty Military Identification;
    (3) Passport.

Section 14.27  Possession of Liquor Contrary to This Ordinance

    Alcoholic beverages which are possessed contrary to the terms of 
this Ordinance are declared to be contraband. Any tribal agent, 
employee, or officer who is authorized by the Committee to enforce this 
section shall have the authority to and shall seize all contraband.

Section 14.28  Disposition of Seized Contraband

    Any officer seizing contraband shall preserve the contraband in 
accordance with applicable law. Upon being found in violation of this 
Ordinance by the Committee, the party shall forfeit all right, title 
and interest in the items seized which shall become the property of the 
Siletz Tribe.

Part VII

Taxes

Section 14.29  Sales Tax

    The Committee shall have the authority, by regulation, to levy and 
collect a sales tax on each sale of alcoholic beverages on the 
Reservation. The amount of such tax shall be set by regulation, shall 
include credit card payments, and shall include all retail sales of 
liquor on the Reservation.

Section 14.30  Payment of Taxes to Tribe

    All taxes from the sale of alcoholic beverages on the Reservation 
shall be paid over to the agency of the Siletz Tribe.

Section 14.31  Taxes Due

    All taxes for the sale of alcoholic beverages on the Reservation 
are due

[[Page 39859]]

within thirty (30) days of the end of the calendar quarter for which 
the taxes are due.

Section 14.32  Reports

    Along with payment of the taxes imposed herein, the taxpayers shall 
submit an accounting for the quarter of all income from the sale or 
distribution of said beverages as well as for the taxes collected.

Section 14.33  Audit

    As a condition of obtaining a license, the licensee must agree to 
the review or audit of its books and records relating to the sale of 
alcoholic beverages on the Reservation. Said review or audit may be 
done annually by the Siletz Tribe through its agents or employees 
whenever, in the opinion of the Committee, such a review or audit is 
necessary to verify the accuracy of reports.

Part VIII

Profits

Section 14.34  Disposition of Proceeds

    The gross proceeds collected by the Committee from licensing and 
provided from the taxation of the sales of alcoholic beverages on the 
Reservation shall be distributed as follows:
    (a) For the payment of all necessary personnel, administrative 
costs, and legal fees for the operation of the Committee and its 
activities.
    (b) The remainder shall be turned over to the account of the Siletz 
Tribe.

Part IX

Severability and Miscellaneous

Section 14.35  Severability

    If any provision or application of this Ordinance is determined by 
review to be invalid, such adjudication shall not be held to render 
ineffectual the remaining portions of this title or to render such 
provisions inapplicable to other persons or circumstances.

Section 14.36  Prior Enactments

    All prior enactments of the Tribal Council which are inconsistent 
with the provisions of this Ordinance are hereby rescinded.

Section 14.37  Conformance With Oregon Laws

    All acts and transactions under this ordinance shall be in 
conformity with the laws of the State of Oregon as that term is used in 
18 U.S.C. 1161.

Section 14.38  Effective Date

    This Ordinance shall be effective on July 24, 1997.

Part X

Amendment

Section 14.39

    This Ordinance may only be amended or repealed by a majority vote 
of the Tribal Council. The authorized areas of the Siletz Tribe's 
Reservation where alcohol may be sold may only be amended or repealed 
by the General Council.

Part XI

Sovereign Immunity

Section 14.40

    Nothing contained in this Ordinance is intended to, nor does in any 
way limit, alter, restrict, or waive the Siletz Tribe's sovereign 
immunity from unconsented suit.

    Dated: July 15, 1997.
Ada E. Deer,
Assistant Secretary, Indian Affairs.
[FR Doc. 97-19410 Filed 7-23-97; 8:45 am]
BILLING CODE 4310-02-P