[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45089-45090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22644]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pechanga Band of Mission Indians 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. Sec. 1161. I certify that Resolution 
No. SCA-PC-03-98, enacting the Pechanga Liquor Control Ordinance of the 
Pechanga Band of Luiseno Mission Indians (Pechanga Band of Mission 
Indians) of the Pechanga Reservation was duly adopted by the General 
Council of the Pechanga Reservation on January 25, 1998. 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 Pechanga Band of Mission Indians of 
California.

DATES: This Ordinance is effective as of August 24, 1998.

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

SUPPLEMENTARY INFORMATION: The Liquor Control Ordinance of the Pechanga 
Band of Mission Indians is as follows:

Liquor Control Ordinance

    Article 1. Name. This Ordinance shall be known as the Pechanga 
Liquor Control Ordinance.
    Article 2. Authority. This Ordinance is enacted pursuant to the Act 
of August 15, 1953, Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161, and 
Article III of the Constitution and Bylaws of the Temecula Band of 
Luiseno Mission Indians (also known as the Pechanga Band of Mission 
Indians).
    Article 3. Purpose. The purpose of this Ordinance is to regulate 
and control the possession and sale of liquor on the Pechanga Indian 
Reservation, and to permit alcohol sales by tribally owned and operated 
enterprises, and at tribally approved special events, for the purpose 
of the economic development of the Pechanga Band. The enactment of a 
tribal ordinance governing liquor possession and sales on the Pechanga 
Indian Reservation increases the ability of tribal government to 
control Reservation liquor distribution and possession, and will 
provide an important source of revenue for the continued operation and 
strengthening of the tribal government, the economic viability of 
tribal enterprises, and the delivery of tribal government services. 
This Liquor Control Ordinance is in conformity with the laws of the 
State of California as required by 18 U.S.C. Sec. 1161, and with all 
applicable Federal laws.
    Article 4. Effective Date. This Ordinance shall be effective August 
24, 1998.
    Article 5. Possession of Alcohol. The introduction or possession of 
alcoholic beverages shall be lawful within the exterior boundaries of 
the Pechanga Indian Reservation; provided that such introduction or 
possession is in conformity with the laws of the State of California.
    Article 6. Sales of Alcohol. (a) The sale of alcoholic beverages by 
business enterprises owned by and subject to the control of the 
Pechanga Band shall be lawful within the exterior boundaries of the 
Pechanga Indian Reservation; provided that such sales are in conformity 
with the laws of the State of California.
    (b) The sale of alcoholic beverages by the drink at special events 
authorized by the Pechanga Band shall be lawful within the exterior 
boundaries of the Pechanga Indian Reservation; provided that such sales 
are in conformity with the laws of the State of California and with 
prior approval by Resolution of the General Council of the Pechanga 
Band.
    Article 7. Age Limits. The drinking age within the Pechanga Indian 
Reservation shall be the same as that of the State of California, which 
is currently 21 years. No person under the age of 21 years shall 
purchase, possess, or consume any alcoholic beverage. At such time, if 
any, as California Business and Professional Code Sec. 25658, which 
sets the drinking age for the State of California, is repealed or 
amended to raise or lower the drinking age within California, this 
Article shall automatically become null and void and the Tribal Council 
shall be empowered

[[Page 45090]]

to amend this Article to match the age limit imposed by state law, such 
amendment to become effective upon publication in the Federal Register 
by the Secretary of the Interior.
    Article 8. Civil Penalties. The Pechanga Band, through its Tribal 
Council and duly authorized personnel, shall have the authority to 
enforce this Ordinance by confiscating any liquor sold, possessed or 
introduced in violation hereof. The Tribal Council shall be empowered 
to sell such confiscated liquor for the benefit of the Pechanga Band, 
and to develop and approve such regulations as may become necessary for 
enforcement of this Ordinance.
    Article 9. Prior Inconsistent Enactments. Any prior tribal laws, 
resolutions or ordinances which are inconsistent with this Ordinance 
are hereby repealed to the extent they are inconsistent with this 
Ordinance.
    Article 10. Sovereign Immunity. Nothing contained in this Ordinance 
is intended to, nor does in any way, limit, alter, restrict, or waive 
the sovereign immunity of the Pechanga Band or any of its agencies, 
including the Pechanga Development Corporation, from unconsented suit 
or action of any kind.
    Article 11. Severability. If any provision of this Ordinance is 
found by any agency or court of competent jurisdiction to be 
unenforceable, the remaining provisions shall be unaffected thereby.
    Article 12. Amendment. This Ordinance may be amended by majority 
vote of the General Council of the Pechanga Band at a duly noticed 
General Council meeting, such amendment to become effective upon 
publication in the Federal Register by the Secretary of the Interior.

    Dated: August 11, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-22644 Filed 8-21-98; 8:45 am]
BILLING CODE 4310-02-P