[Federal Register Volume 64, Number 230 (Wednesday, December 1, 1999)]
[Notices]
[Pages 67293-67294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31184]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Oneida Nation of New York Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the

[[Page 67294]]

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, as 
interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 
(1983). I certify that the Oneida Nation of New York Liquor Ordinance 
was duly adopted and certified by Resolution No. 97-06 of the Oneida 
Nation of New York Tribal Council on August 2, 1999. The Ordinance 
provides for the regulation of the sale, possession and consumption of 
liquor in the area of the Oneida Nation of New York, under the 
jurisdiction of the Oneida Nation of New York, and is in conformity 
with the laws of the State of New York.

DATES: This ordinance is effective as of December 1, 1999.

FOR FURTHER INFORMATION CONTACT: Jim D. James, Office of Tribal 
Services, Division of Self Determination and Tribal Government 
Assistance, 1849 C Street, NW, MS 4631 MIB, Washington, DC 20240-4401; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Oneida Nation of New York Liquor 
Licensing Ordinance is to read as follows:

Oneida Indian Nation

Alcoholic Beverage Control Ordinance

Ordinance No.: 0-99-06

    Pursuant to the authority vested in the Oneida Indian Nation 
(the ``Nation'') by virtue of its sovereign and inherent powers of 
self-government, the Nation hereby establishes standards for the 
sale, introduction and possession of alcoholic beverages on the 
Nation's reservation and within all Indian country under the 
jurisdiction of the Nation.

Article I--Introduction, Sale and Possession

    The introduction, sale or possession of alcoholic beverages 
shall be lawful on the Nation's reservation and within all Indian 
country under the jurisdiction of the Nation, provided that such 
introduction, sale or possession is in compliance with the laws, 
regulations and ordinances of the Nation, which, at all times, shall 
conform with or exceed the laws, regulations and ordinances of the 
State of New York. Without limiting the generality of the foregoing 
in any way, the possession of alcohol by, or the sale or 
distribution of alcohol to, anyone under the age of twenty-one (21) 
is prohibited under all circumstances.

Article II--License Required

    No person shall manufacture for sale or sell at wholesale or 
retail any alcoholic beverages on the Nation's reservation or within 
any Indian country under the jurisdiction of the Nation unless such 
person has been duly licensed by the Oneida Nation Alcoholic 
Beverage Control Commission (the ``Commission''). The Nation shall, 
through its representative(s), appoint the members of the Commission 
and shall have the exclusive power to (a) remove or replace any 
member of the Commission, and (b) increase or reduce the size of the 
Commission.

Article III--License Application

    No alcoholic beverage license shall be issued under this 
Ordinance to any person not possessing the qualifications and 
satisfying the conditions set forth herein. Any person or persons 
desiring an alcoholic beverage license shall file a sworn 
application for license with the Commission. The application shall 
contain a full and complete showing of the following:
    A. Payment of a fee of $25.00 for the sale of alcoholic 
beverages for off-premises consumption and payment of a fee of 
$50.00 for the sale of alcoholic beverages for on-premises 
consumption.
    B. Proof satisfactory to the Commission that the applicant is 
not a member of the Commission and that he or she satisfies each of 
the licensing requirements established by the Commission.

Article IV--License; Terms and Conditions

    A. Alcoholic beverage licenses issued by the Commission shall be 
for a term of one (1) year, commencing on the date of issuance.
    B. No transfer, conveyance or assignment of an alcoholic 
beverage license issued by the Commission may occur without the 
prior written consent of the Commission.

Article V--Issuance of Alcoholic Beverage Licenses

    A. An alcoholic beverage license shall be issued to the 
applicant by the Secretary/Treasurer of the Commission after such 
applicant's application has been approved by the Commission.
    B. Fees for an alcoholic beverage license issued pursuant to 
this Ordinance shall be paid to the Secretary/Treasurer of the 
Commission. Such fees shall be deposited by the Commission in the 
general fund of the Nation.

Article VI--Criminal Jurisdiction

    This Ordinance does not in any way confer upon the Nation 
criminal jurisdiction over non-Indians.

Article VII--Interpretation

    A. The Oneida Nation does not, by enacting this Ordinance, waive 
in any respect its sovereign immunity, or that of its agents or 
officers, in any manner, under any law, for any purpose, or in any 
place.
    B. Nothing in this Ordinance shall constitute, or be construed 
as, the Nation's consent to the extension of jurisdiction by the 
State of New York or by any municipality over matters coming within 
the purview of this Ordinance.
    C. This Ordinance does not create any right, cause of action or 
benefit enforceable at law or in equity by any person against the 
Nation, its agents, its officers or employees, or any other person.

Article VIII--Effective Date

    This Ordinance shall be effective as a matter of tribal law as 
of the date of its adoption by the Tribal Council, and effective as 
a matter of Federal law on such date as the Assistant Secretary--
Indian Affairs certifies and publishes the same in the Federal 
Register.

    Dated: November 23, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-31184 Filed 11-30-99; 8:45 am]
BILLING CODE 4310-02-P