[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69779-69780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31394]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Jackson Band of Miwuk Indians of the Jackson Rancheria

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 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Sec. 1161), as 
interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713 
(1983). This notice certifies that Ordinance No. 99-04, the JACKSON 
BAND OF MIWUK INDIANS OF THE JACKSON RANCHERIA, was duly adopted by the 
Jackson Rancheria Tribal Council on October 26, 1997. The Ordinance 
provides for the regulation of the activities of the manufacture, 
distribution, sale, and consumption of liquor in the area of Jackson 
Rancheria lands under the jurisdiction of the Jackson Rancheria.

DATES: This Ordinance is effective as of December 14, 1999.

FOR FURTHER INFORMATION CONTACT: Jim James, Branch of Judicial 
Services, Division of Tribal Government Services, Office of Tribal 
Services, 1849 C Street NW, MS 4631-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The JACKSON BAND OF MIWUK INDIANS OF THE 
JACKSON RANCHERIA Ordinance No. 99-04 is to read as follows:

Jackson Band of Miwuk Indians of the Jackson Rancheria Amador 
County, California Tribal Council Ordinance No. 99-04

Sale and Consumption of Alcoholic Beverages

    The Tribal Council of the Jackson Band of Miwuk Indians of the 
Jackson Rancheria (hereinafter ``Council''), governing body of the 
Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter 
``Tribe''), hereby enacts this Ordinance to govern the sale and 
consumption of alcoholic beverages on Rancheria lands.
Preamble
    1. Title 18, United States Code, Section 1161, provides Indian 
tribes with authority to enact ordinances governing the consumption and 
sale of alcoholic beverages on their Reservations, provided such 
ordinance is certified by the Secretary of the Interior, published in 
the Federal Register and such activities are in conformity with state 
law.
    2. Pursuant to Article III Section 1 and Article VI of the Tribe's 
Constitution, the Tribal Council is the governing body of the Tribe 
with the power to enact ordinances to promote the general welfare and 
economic advancement of the Tribe and its members.
    3. The Tribe is the owner and operator of a Conference Center 
located on the Rancheria known as the Jackson Rancheria Conference 
Center (hereinafter ``Conference Center''), at which events will be 
held during which certain food items are provided to the Tribe and the 
general public.
    4. Said Conference Center, located on trust land, is an integral 
and indispensable part of the Tribe's economy, providing income to the 
Tribe and training and employment to its members.
    5. The Tribal Council has determined that it is now in its best 
interest to offer for sale at events held at the Conference Center, for 
on-premises consumption only, alcoholic beverages.
    6. It is the purpose of this Ordinance to set out the terms and 
conditions under which the sale of said alcoholic beverages may take 
place.
General Terms
    1. The sale of alcohol at the Conference Center, for on-premises 
consumption only, is hereby authorized.
    2. No alcoholic beverages may be sold at any location on the 
Rancheria other than the Conference Center. For the purpose of this 
section, the term ``premises'' shall include the Conference Center and 
an area of 50 yards around its perimeter.
    3. The sale of said alcoholic beverages authorized by this 
Ordinance shall be in conformity with all applicable laws of the State 
of California, and the sale of said beverages shall be subject to state 
sales tax, federal excise tax and any fees required by the Federal 
Bureau of Alcohol, Tobacco & Firearms. This includes but is not limited 
to the following examples:
    A. No person under the age of 21 years shall consume, acquire or 
have in his or her possession at the Conference Center any alcoholic 
beverage.
    B. No person shall sell alcohol to any person under the age of 21 
at the Conference Center.
    C. No person shall sell alcohol to a person apparently under the 
influence of liquor.
    4. Where there may be a question of a person's right to purchase 
liquor by reason of his or her age, such person shall be required to 
present any one of the following types of identification which shows 
his or her correct age and bears his or her signature and photograph: 
(1) Driver's license or identification card issued by any state 
Department of Motor Vehicles; (2) United States Active Duty Military 
card; (3) passport.
    5. All liquor sales at the Conference Center 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.
Posting
    This Ordinance shall be conspicuously posted at the Conference 
Center at all times it is open to the public.
Enforcement
    1. This Ordinance may be enforced by the Tribal Council by 
implementation of monetary fines not to exceed $500 and/or withdrawal 
of authorization to sell alcohol at the Conference Center. Prior to any 
enforcement action, the Tribal Council shall provide the alleged 
offender of this ordinance with at least three (3) days notice of an 
opportunity to be heard during a specially-called Tribal Council 
meeting. The decision of the Tribal Council shall be final.
    2. This Ordinance also may be enforced by the Amador County 
Sheriff's Office at the request of the Tribal Council.
    3. In the exercise of its powers and duties under this ordinance, 
the Tribal Council and its individual members shall not accept any 
gratuity or compensation from any liquor wholesaler, retailer, or 
distributor for the Conference Center.
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.
Amendment
    This ordinance may only be amended by a majority vote of the Tribal 
Council.

[[Page 69780]]

Sovereign Immunity
    Nothing in this ordinance in any way limits, alters, restricts or 
waives the Tribe's sovereign immunity from unconsented suit or action.
Effective Date
    This ordinance shall be effective as a matter of tribal law as of 
the date of the 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 24, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-31394 Filed 12-13-99; 8:45 am]
BILLING CODE 4310-02-P