[Federal Register Volume 65, Number 66 (Wednesday, April 5, 2000)]
[Notices]
[Pages 17893-17896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-8347]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Colusa Indian Community Council Liquor Ordinance, Resolution No. 
08-02-99-01

AGENCY: Bureau of Indian Affairs, Interior

ACTION: Notice.

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SUMMARY: This Notice is published in accordance with the 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, as interpreted by the Supreme 
Court in Rice v. Rehner, 463 U.S. 713 (1983). I certify that by 
Resolution No. 08-02-99-01, the Colusa Indian Community Council Liquor 
Ordinance, was duly adopted by the Colusa Indian Community Council on 
August 5, 1999. The Ordinance regulates the control of, the possession 
of, and the sale of liquor on Colusa Indian Community Council trust 
lands, and is in conformity with the State of California.

DATES: This Ordinance is effective as of April 5, 2000.

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

SUPPLEMENTARY INFORMATION: The Colusa Indian Community Council Liquor 
Ordinance, Resolution No. 08-02-99-01, is to read as follows:

Colusa Indian Community Council Liquor Ordinance, Resolution No. 
08-02-99-01

Article I--Declaration of Public Policy and Purpose

    Section 1.  The introduction, possession, and sale of liquor on the 
lands of the Colusa Indian Community (Community) of the Colusa Indian 
Reservation is a matter of special concern to the Colusa Indian 
Community Council (Community Council).
    Section 2.  Federal law (18 U.S.C. Secs. 1154, 1161) currently 
prohibits the introduction of liquor into Indian Country except as 
provided therein and in accordance with State law as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), and expressly 
delegates to each tribe the decision regarding when and to what extent 
the introduction, possession and sale of liquor shall be permitted.
    Section 3.  It is in the best interests of the Community, acting 
pursuant to Article V, Section 1(f) of the Constitution of the Cachil 
Dehe Band of Wintun Indians of the Colusa Indian Community, to enact a 
tribal ordinance governing the introduction, possession and sale of 
liquor on the Colusa Indian Reservation, and which also provides for 
exclusive purchase, distribution, and sale of liquor only on tribal 
lands within the exterior boundaries of the reservation. Further, the 
Community has determined that said purchase, distribution and sale 
shall take place only at tribally-owned enterprises and/or at tribally-
licensed establishments operating on land leased from or otherwise 
owned by the Community as a whole.
    Section 4.  The Community Council further finds that violations of 
this Ordinance would damage the Community in an amount of five hundred 
dollars ($500) per violation because of the costs of enforcement, 
investigation, adjudication and disposition of such violations, and 
that to defray the costs of enforcing this Ordinance the Community will 
impose a tax on the sale of liquor on the reservation.
    Based upon the foregoing findings and determinations, the Community 
Council hereby ordains as follows.

Article II--Definitions

    As used in this title, the following words shall have the following 
meanings unless the context clearly requires otherwise.

[[Page 17894]]

    Section 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 dilutions and mixtures of this 
substance.
    Section 2.  Alcoholic Beverage. Has the same meaning as the term 
``liquor'' as defined in Article II, subsection f of this Ordinance.
    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.
    Section 4.  Beer. Means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesome grain or cereal in pure 
water containing not more than 4 percent of alcohol by volume. For the 
purpose of this title, any such beverage, including ale, stout, and 
porter, containing more than 4 percent of alcohol by weight shall be 
referred to as ``strong beer.''
    Section 5.  Community Council. Means the Colusa Indian Community 
Council as defined in the Constitution of the Cachil Dehe Band of 
Wintun Indians of the Colusa Indian Community.
    Section 6.  Liquor. Means the four varieties of liquor herein 
defined (alcohol, spirits, wine and beer), and all fermented spiritous, 
vinous, or malt liquor or combinations thereof, and mixed liquor, or a 
part of which is fermented, spiritous, vinous, or malt liquor, or 
otherwise intoxicating; and every other 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 that contains more than 1 percent of alcohol 
by weight shall be conclusively deemed to be intoxicating.
    Section 7.  Liquor Store. Means any store at which liquor is sold 
and, for the purpose of this Ordinance, including any store only a 
portion of which is devoted to the sale of liquor or beer.
    Section 8.  Malt Liquor. Means beer, strong beer, ale, stout, and 
porter.
    Section 9.  Package. Means any container or receptacle used for 
holding liquor.
    Section 10.  Public Place. Includes gaming facilities and 
commercial or community facilities of every nature 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 unrestricted access, and which generally are 
used by the public.
    Section 11.  Sale and Sell. Means any exchange, barter, and 
traffic; and also includes the selling of 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 of wine by any person to any person.
    Section 12.  Spirits. Means any beverage, which contains alcohol 
obtained by distillation, including wines exceeding 17 percent of 
alcohol by weight.
    Section 13.  Tribal Land. Means any land within the exterior 
boundaries of the Colusa Indian Reservation that is held in trust by 
the United States for the Cachil Dehe Band of Wintun Indians of the 
Colusa Indian Community.
    Section 14.  Tribal Gaming Commission. Means the gaming regulatory 
body established under the Gaming Ordinance of the Colusa Indian 
Community that has been approved by the Chairperson of the National 
Indian Gaming Commission.
    Section 15.  Wine. Means any alcoholic beverage obtained by 
fermentation of any fruits (grapes, berries, applies, etc.), or fruit 
juice and containing not more than 17 percent of alcohol by weight, 
including sweet wines fortified with wine spirits, such as port, 
sherry, muscatel, and angelica, not exceeding 17 percent of alcohol by 
weight.

Article III--Powers of Enforcement

    Section 1.  The Tribal Gaming Commission, in furtherance of this 
Ordinance, shall have the following powers and duties:
    (a) To publish and enforce rules and regulations adopted by the 
Community Council governing the sale, manufacture, and distribution of 
alcoholic beverages in public places on the Colusa Indian Reservation;
    (b) To employ managers, accountants, security personnel, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Tribal Gaming Commission to perform its functions. Such 
employees shall be tribal employees;
    (c) To issue licenses permitting the sale, manufacture and/or 
distribution of liquor in public places on the Colusa Indian 
Reservation;
    (d) To hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) To bring suit in the appropriate court to enforce this 
Ordinance as necessary;
    (f) To determine and seek damages for violation of this Ordinance;
    (g) To make such reports as may be required by the Community 
Council;
    (h) To collect sales taxes and fees levied or set by the Community 
Council on liquor sales and the issuance of liquor licenses, and to 
keep accurate records, books and accounts; and
    (i) To exercise such other powers as may be delegated from time to 
time by the Community Council.
    Section 2.  Limitation on Powers. In the exercise of its powers and 
duties under this Ordinance, the Tribal Gaming Commission and its 
individual members and staff shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer, or distributor or from any licensee;
    (b) Waive the sovereign immunity of the Colusa Indian Community 
from suit without the express consent of the Community Council.
    Section 3.  Inspection Rights. The public places on or within which 
liquor is sold or distributed shall be open for inspection by the 
Tribal Gaming Commission at all reasonable times for the purposes of 
ascertaining compliance with this Ordinance and other regulations 
promulgated pursuant thereto.

Article IV--Sale of Liquor

    Section 1.  Licenses Required. No sales of alcoholic beverages 
shall be made on or within public places within the exterior boundaries 
of the Colusa Indian Reservation, except at a tribally-licensed or 
tribally-owned business operated on tribal land within the exterior 
boundaries of the reservation.
    Section 2.  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 payment for purchases with the use of 
cashiers or personal checks, payroll checks or debit cards or credit 
cards issued by any financial institution.
    Section 3.  Sale for Personal Consumption. All sales shall be for 
the personal use and consumption by the purchaser or members of the 
purchaser's household, including guests, who are over the age of 
twenty-one. Resale of any alcoholic beverage purchased 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

[[Page 17895]]

reservation and re-sells it, whether in the original container or not, 
shall be guilty of a violation of this Ordinance and shall be subjected 
to exclusion from tribal lands or liability for money damages of up to 
$500, as determined by the Tribal Gaming Commission after notice and an 
opportunity to be heard.

Article V.--Licensing

    Section 1.  Procedure. In order to control the proliferation of 
establishments on the reservation that sell or provide liquor by the 
bottle or by the drink, all persons or entities that desire to sell 
liquor within the exterior boundaries of the Colusa Indian Reservation 
must apply to the Tribal Gaming Commission for a license to sell or 
provide liquor; provided, however, that no license is necessary to 
provide liquor within a private single-family residence on the 
reservation for which no money is requested or paid.
    Section 2.  State Licensing. No person shall be allowed or 
permitted to sell or provide liquor on the Colusa Indian Reservation if 
he/she does not also have a license from the State of California to 
sell or provide such liquor. If such license from the State is revoked 
or suspended, the tribal license shall automatically be revoked or 
suspended as well.
    Section 3.  Application. Any person applying for a license to sell 
or provide liquor on the Colusa Indian Reservation shall complete and 
submit an application provided for this purpose by the Tribal Gaming 
Commission and pay such application fee as may be set from time-to-time 
by the Tribal Gaming Commission for this purpose. An incomplete 
application will not be considered.
    Section 4.  Issuance of License. The Tribal Gaming Commission may 
issue a license if it believes that the issuance of such a license 
would be in the best interest of the Colusa Indian Community, the 
residents of the Colusa Indian Reservation and the surrounding 
community. Licensure is a privilege, not a right, and the decision to 
issue any license rests in the sole discretion of the Tribal Gaming 
Commission.
    Section 5.  Period of License. Each license may be issued for a 
period of not to exceed 2 years from the date of issuance.
    Section 6.  Renewal of License. A licensee may renew its license if 
it has complied in full with this Ordinance and has maintained its 
licensure with the State of California; however, the Tribal Gaming 
Commission may refuse to renew a license if it finds that doing so 
would not be in the best interests of the health and safety of the 
members of the Colusa Indian Community.
    Section 7.  Revocation of License. The Tribal Gaming Commission may 
revoke a license for reasonable cause upon notice and hearing at which 
the licensee shall be given an opportunity to respond to any charges 
against it and to demonstrate why the license should not be suspended 
or revoked.
    Section 8.  Transferability of Licenses. Licenses issued by the 
Tribal Gaming Commission shall not be transferable and may only be 
utilized by the person or entity in whose name it was issued.

Article VI--Taxes

    Section 1.  Sales Tax. There is hereby levied and shall be 
collected a tax on each retail sale of alcoholic beverages on the 
reservation in the amount of 1 percent of the retail sales price. The 
tax imposed by this section shall apply to all retail sales of liquor 
on the reservation and to the extent permitted by law shall preempt any 
tax imposed on such liquor sales by the State of California.
    Section 2.  Payment of Taxes to the Tribe. All taxes from the sale 
of alcoholic beverages on the Colusa Indian Reservation shall be paid 
over to the General Treasury of the Colusa Indian Community and be 
subject to the distribution by the Community Council in accordance with 
its usual appropriation procedures for essential governmental and 
social services, including operation of the Tribal Gaming Commission 
and administration of this Ordinance.
    Section 3.  Taxes Due. All taxes upon the sale of alcoholic 
beverages on the reservation are due on the first day of the month 
following the end of the calendar quarter for which the taxes are due. 
Past due taxes shall accrue interest at 18 percent per annum.
    Section 4.  Reports. Along with payment of the taxes imposed 
herein, the taxpayer 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 5.  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 periodically by the Tribal Gaming 
Commission through its agents or employees whenever in the discretion 
of the Tribal Gaming Commission such a review or audit is necessary to 
verify the accuracy of reports.

Article VII--Rules, Regulations and Enforcement

    Section 1.  In any proceeding under this title, proof of one 
unlawful sale or distribution of liquor shall suffice to establish 
prima facie intent or purpose of unlawfully keeping liquor for sale, 
selling liquor, or distributing liquor in violation of this title.
    Section 2.  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 without a permit, shall be guilty of a violation of this 
Ordinance subjecting him/her to civil damages assessed by the Tribal 
Gaming Commission. Nothing in this Ordinance shall apply to the 
possession or transportation of any quantity of liquor by members of 
the Colusa Indian Community for their personal or other non-commercial 
use, and the possession, transportation, sale, consumption or other 
disposition of liquor outside public places on the Colusa Indian 
Reservation shall be governed solely by the laws of the State of 
California.
    Section 3.  Any person within the boundaries of the Colusa Indian 
Reservation who, in a public place, buys liquor from any person other 
than at a properly licensed facility shall be guilty of a violation of 
this Ordinance.
    Section 4.  Any person who sells liquor to a person apparently 
under the influence of liquor shall be guilty of a violation of this 
Ordinance.
    Section 5.  No person under the age of 21 years shall consume, 
acquire or have in his/her possession any alcoholic beverages. Any 
person violating this section in a public place shall be guilty of a 
separate violation of this Ordinance for each and every drink so 
consumed.
    Section 6.  Any person who, in a public place, shall sell or 
provide any liquor to any person under the age of 21 years shall be 
guilty of a violation of this Ordinance for each such sale or drink 
provided.
    Section 7.  Any person guilty of a violation of this Ordinance 
shall be liable to pay the Colusa Indian Community up to five hundred 
dollars ($500) per violation as civil damages to defray the tribe's 
cost of enforcement of this Ordinance. The amount of such damages in 
each case shall be determined by the Tribal Gaming Commission based 
upon a preponderance of the evidence available to the Tribal Gaming 
Commission after the person alleged to have violated this Ordinance has 
been given notice and an opportunity to respond to such allegations.

[[Page 17896]]

    Section 8.  Whenever it reasonably appears to a licensed purveyor 
of liquor that a person seeking to purchase liquor is under the age of 
27, the prospective purchaser shall be required to present any one of 
the following officially 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;
    (3) Passport; and
    (4) Gaming license or work permit issued by the Tribal Gaming 
Commission, if said license or permit contains the bearer's correct 
age, signature and photograph.

Article VIII--Abatement

    Section 1.  Any public place where liquor is sold, manufactured, 
bartered, exchanged, given away, furnished, or otherwise disposed of in 
violation of the provisions of this Ordinance, and all property kept in 
and used in maintaining such place, is hereby declared to be a public 
nuisance.
    Section 2.  The Chairman of the Community Council or, if he/she 
fails or refuses to do so, a majority of the Community Council acting 
at a duly-called meeting at which a quorum is present, shall institute 
and maintain an action in a court of competent jurisdiction in the name 
of the Community to abate and perpetually enjoin any nuisance declared 
under this Ordinance. Upon establishment that probable cause exists to 
find that a nuisance exists, restraining orders, temporary injunctions, 
and permanent injunctions may be granted in the cause as in other 
injunction proceedings, and upon final judgment against the defendant 
the court may also order the room, structure, or place closed for a 
period of one year or until the owner, lessee, tenant, or occupant 
thereof shall give bond of sufficient sum of not less than twenty five 
thousand dollars ($25,000), payable to the Community and conditioned 
that liquor will not be thereafter manufactured, kept, sold, bartered, 
exchanged, given away, furnished, or otherwise disposed of thereof in 
violation of the provision of this title of any other applicable tribal 
law, and that he/she will pay all fines, costs and damages assessed 
against him/her for any violation of this title or other tribal liquor 
laws. If any conditions of the bond be violated, the whole amount may 
be recovered for the use of the Community.
    Section 3.  In all cases where any person has been found 
responsible for a violation of this Ordinance relating to manufacture, 
importation, transportation, possession, distribution, and sale of 
liquor, an action may be brought to abate as a public nuisance the use 
of any real estate or other property involved in the violation of this 
Ordinance, and proof of violation of this Ordinance shall be prima 
facie evidence that the room, house, building, vehicle, structure, or 
place against which such action is brought is a public nuisance.

Article IX--Profits

    Section 1.  The gross proceeds collected by the Tribal Gaming 
Commission from all licensing of the sale of alcoholic beverages on the 
Colusa Indian Reservation, and from proceedings involving violations of 
this Ordinance, shall be distributed as follows:
    (a) First, for the payment of all necessary personnel, 
administrative costs, and legal fees incurred in the enforcement of 
this Ordinance; and
    (b) Second, the remainder shall be turned over to the General Fund 
of the Colusa Indian Community and expended by the Colusa Indian 
Community for governmental services and programs on the Colusa Indian 
Reservation.

Article X--Severability and Effective Date

    Section 1.  If any provision or application of this Ordinance is 
determined by judicial 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 2.  This Ordinance shall be effective on such date as the 
Secretary of the Interior certifies this Ordinance and publishes the 
same in the Federal Register.
    Section 3.  Any and all prior enactments of the Colusa Indian 
Community that are inconsistent with the provisions of this Ordinance 
are hereby rescinded and repealed.
    Section 4.  All acts and transactions under this Ordinance shall be 
in conformity with the laws of the State of California as that term is 
used in 18 U.S.C. Sec. 1154, but only to the extent required by the 
laws of the United States.

Article XI--Amendment

    This Ordinance may only be amended by a two-thirds majority vote of 
members of the Colusa Indian Community Council attending a duly-noticed 
meeting at which a quorum is present.

Article XII--Certification and Effective Date

    This Ordinance was passed at a duly held, noticed, and convened 
meeting of the Colusa Indian Community Council Tribal Council by a vote 
of 15 for, 3 against and 2 abstaining which vote constitutes a quorum 
held on the 5th day of August 1999, as attested to and certified by 
Lavern Thomas Pina, Secretary-Treasurer of the Colusa Indian Community 
Council and shall be effective upon approval by the Secretary of the 
Interior or his designee as provided by federal law.

    Dated: March 29, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-8347 Filed 4-4-00; 8:45 am]
BILLING CODE 4310-02-P