[Federal Register Volume 65, Number 181 (Monday, September 18, 2000)]
[Notices]
[Pages 56320-56324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23915]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Redding Rancheria Liquor Licensing Ordinance

AGENCY: Bureau of Indian Affairs, Interior

ACTION: Notice.

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SUMMARY: This Notice publishes the Redding Rancheria Liquor Licensing 
Ordinance. The ordinance regulates the control of, the possession of, 
and the sale of liquor on the Redding Rancheria trust lands, and is in 
conformity with the laws of the State of California, where applicable 
and necessary. Although the ordinance was adopted on August 12, 1999, 
and amended on January 11, 2000, it does not become effective until 
published in the Federal Register because the failure to comply with 
the ordinance may result in criminal charges.

DATES: This ordinance is effective as of September 18, 2000.

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

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transaction in Indian country. The Redding Rancheria Licensing 
Ordinance, Resolution No. 08-12-99, was duly adopted by the Redding 
Rancheria Tribal Council on August 12, 1999. The Redding Rancheria, in 
furtherance of its economic and social goals, has taken positive steps 
to regulate retail sales of alcohol and use revenues to combat alcohol 
abuse and its debilitating effects among individuals and family members 
within the Redding Rancheria Reservation.
    This notice is being published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 Departmental Manual 8.
    I certify that by Resolution No. 
08-12-99, the Redding Rancheria Liquor Licensing Ordinance, was duly 
adopted by the Redding Rancheria Tribal Council on August 12, 1999.


[[Page 56321]]


    Dated: September 6, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
    The Redding Rancheria Liquor Licensing Ordinance, Resolution No. 
08-12-99, reads as follows:

Redding Rancheria Liquor Licensing Ordinance

    The Redding Rancheria Indian Tribe (Tribe), a federally recognized 
Indian tribe hereby enacts the following ordinance to regulate and 
promulgate rules for issuing licenses for the sale, distribution and 
consumption of alcoholic beverages on the Redding Rancheria. This 
ordinance shall be known as the ``Liquor Licensing Ordinance.'' This 
ordinance and any regulations promulgated thereunder shall constitute 
the entire liquor licensing regulations for the Tribe.

Findings and Policy

    The Tribe finds that:
    1. Under the Constitution of the Tribe, the Council is charged with 
the duty of protecting the health, education, and general welfare of 
the Tribe.
    2. The introduction, possession and sale of alcoholic beverages on 
the Redding Rancheria are a matter of special concern to the Tribe.
    3. Federal law leaves to tribes the decision regarding when and to 
what extent alcoholic beverage transactions shall be permitted on 
Indian reservations.
    4. Present day circumstances make a complete ban on alcoholic 
beverages within the Redding Rancheria ineffective and unrealistic. At 
the same time, a need still exists for strict tribal regulation and 
control over alcoholic beverage distribution.
    5. The enactment of a tribal ordinance governing alcoholic beverage 
sales on the reservation and providing for the purchase and sale of 
alcoholic beverages through tribally licensed outlets will increase the 
ability of the tribal government to control the distribution, sale and 
possession of liquor on the reservation, and at the same time will 
provide an important and urgently needed source of revenue for the 
continued operation of the tribal government and delivery of tribal 
governmental services.
    The Council hereby declares that the policy of the Tribe is to 
eliminate the evils of unlicensed and unlawful manufacture, 
distribution, and sale of alcoholic beverages on the reservation and to 
promote reasonable use and consumption of alcoholic beverages by 
increasing tribal control over the possession and distribution of 
alcoholic beverages on the reservation.
    Now, Therefore, Tribal Council of the Redding Rancheria hereby 
ordains as follows:

Chapters

1. Purpose
2. General Provisions
3. Definitions
4. Prohibition of the Unlicensed Sale of Liquor
6. Applications for Licenses
8. Issuance, Renewal and Transfer of Licenses
10. Revocation of Licenses
12. Enforcement
14. Severability
15. Rice v. Rehner
16. Effective Date

Chapter 1. Purpose

    The purpose of this ordinance is to establish rules and regulations 
regarding the reasonable use and consumption of alcoholic beverages on 
the Redding Rancheria.

Chapter 2. General Provisions

    Section 2000. Short title. This ordinance shall be known and cited 
as the ``Redding Rancheria Liquor Licensing Ordinance.''
    Section 2100. Purpose. The purpose of this ordinance is to prohibit 
the importation, manufacture, distribution and sale of alcoholic 
beverages on the reservation except pursuant to a license issued by the 
Council under the provisions of this ordinance.
    Section 2200. Sovereign immunity preserved. Nothing in this 
ordinance is intended or shall be construed as a waiver of the 
sovereign immunity of the Tribe. No officer or employee of the Redding 
Rancheria is authorized nor shall he/she attempt to waive the immunity 
of the Tribe under the provisions of this ordinance unless such officer 
or employee has an expressed and explicitly written authorization from 
the Council.
    Section 2300. Applicability within the reservation. This ordinance 
shall apply to all persons within the boundaries of the reservation 
consistent with the applicable federal Indian liquor laws.
    Section 2400. Interpretation and findings. The Redding Rancheria 
Tribal Council may interpret any ambiguities contained in this 
ordinance.
    Section 2500. Conflicting provisions. Whenever any conflict occurs 
between the provisions of this ordinance or the provisions of any other 
ordinance of the Tribe, the stricter of such provisions shall apply.
    Section 2600. Application of 18 U.S.C. 1161. The importation, 
manufacture, distribution and sale of alcoholic beverages on the 
reservation shall be in conformity with this ordinance and in 
conformity with the laws of the State of California as that phrase or 
term is used in 18.U.S.C. 1161.

Chapter 3. Definitions

    In construing the provisions of this ordinance, the following words 
or phrases shall have the meaning designated unless a different meaning 
is expressly provided or the context clearly indicates otherwise.
    Section 3000. Alcohol means ethyl alcohol, hydrated oxide of ethyl 
or spirits of wine, from whatever source or by whatever process 
produced.
    Section 3050. Alcoholic beverage includes all alcohol, spirits, 
liquor, wine, beer, and any liquid or solid containing alcohol, spirits 
wine or beer, and which contains one-half of one percent or more of 
alcohol by volume and which is fit for beverage purposes whether alone 
or when diluted, mixed, or combined with other substances. It shall be 
interchangeable in this ordinance with the term ``liquor.''
    Section 3100. Beer shall mean any alcoholic beverage obtained by 
the fermentation of any infusion or decoction of barley, malt, hops, or 
any other similar product, or any combination thereof in water, and 
includes ale, porter, brown, stout, lager beer, small beer, and strong 
beer, and also includes sake, otherwise known as Japanese rice wine.
    Section 3150. Wine shall mean the product obtained from the normal 
alcoholic fermentation of the juice of the grapes or other agricultural 
products containing natural or added sugar or any such alcoholic 
beverage to which is added grape brandy, fruit brandy, or spirits of 
wine, which is distilled from the particular agricultural product or 
products of which the wine is made, and other rectified wine products.
    Section 3200. Distilled spirits shall mean any alcoholic beverage 
obtained by the distillation of fermented agricultural products, and 
includes alcohol for beverage use, spirits of wine, whiskey, rum, 
brandy, and gin, including all dilutions and mixtures thereof.
    Section 3250. Importer means any person who introduces alcohol or 
alcoholic beverages into the Redding Rancheria from outside the 
exterior boundaries of the reservation for the purpose of sale or 
distribution within the reservation; provided, however, the term 
importer as used herein shall not include a wholesaler licensed by any 
state or tribal government selling alcoholic beverages to seller 
licensed by a state or tribal government to sell at retail.

[[Page 56322]]

    Section 3300. Liquor license shall mean a license issued by the 
Redding Rancheria Tribal Council under the provisions of this ordinance 
authorizing the sale, manufacture, or importation of alcoholic 
beverages on or within the reservation consistent with federal law.
    Section 3350. Manufacturer shall mean any person engaged in the 
manufacture of alcohol or alcoholic beverages.
    Section 3400. Person shall mean any individual, whether Indian or 
non-Indian, receiver, assignees, trustee in bankruptcy, trust, estate, 
firm, partnership, joint corporation, association, society, or any 
group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group, whether recognized by the United States Government or otherwise. 
The term shall also include the businesses of the Tribe. It shall be 
interchangeable in this ordinance with the term ``seller'' or 
``licensee.''
    Section 3450. Reservation shall mean all lands within the 
boundaries of the Redding Rancheria and such other lands as may 
hereafter be acquired by the Tribe, whether within or without said 
boundaries, under any grant, transfer, purchase, gift, adjudication, 
executive order, Act of Congress, or other means of acquisition.
    Section 3500. Sale shall mean the exchange of property and/or any 
transfer of the ownership of, title to, or possession of property for a 
valuable consideration, exchange or barter, in any manner or by any 
means whatsoever. It includes conditional sales contracts, leases with 
options to purchase, and any other contract under which possession of 
property is given to the purchaser, buyer, or consumer but title is 
retained by the vendor, retailer, manufacturer, or wholesaler, as 
security for the payment of the purchase price. Specifically, it shall 
include any transaction whereby, for any consideration, title to 
alcoholic beverages is transferred from one person to another, and 
includes the delivery of alcoholic beverages, or soliciting or 
receiving such beverages, distilled spirits, beer, or wine.
    Section 3550. Seller shall mean any person whom, while within the 
boundaries of the reservation, sells, solicits or receives an order for 
any alcohol, alcoholic beverages, distilled spirits, beer, or wine.
    Section 3600. Tribal Council or Council shall mean the Redding 
Rancheria Tribal Council.

Chapter 4. Prohibition of the Unlicensed Sale of Liquor

    Section 4000. Prohibition of the Unlicensed Sale of Liquor. No 
person shall import for sale, manufacture, distribute or sell any 
alcoholic beverages within the reservation without first applying for 
and obtaining a written license from the Council issued in accordance 
with the provisions of this ordinance.
    Section 4100. Authorization to Sell Liquor. Any person applying for 
and obtaining a liquor license under the provisions of this ordinance 
shall have the right to engage only in those liquor transactions 
expressly authorized by such license and only at those specific places 
or areas designated in said license.
    Section 4200. Types of Licenses. The Council shall have the 
authority to issue the following types of liquor licenses within the 
reservation:
    (a) Retail on-sale general license. A license authorizing the 
applicant to sell alcoholic beverages at retail to be consumed by the 
buyer only on the premises or at the location designated in the 
license;
    (b) Retail on-sale beer and wine license. A license authorizing the 
applicant to sell beer and wine at retail to be consumed by the buyer 
only on the premises or at the location designated in the license;
    (c) Retail off-sale general license. A license authorizing the 
applicant to sell alcoholic beverages at retail to be consumed by the 
buyer off of the premises or at a location other than the one 
designated in the license;
    (d) Retail off-sale beer and wine license. A license authorizing 
the applicant to sell beer and wine at retail to be consumed by the 
buyer off of the premises or at a location other than the one 
designated in the license; and (e) Manufacturers license. A license 
authorizing the applicant to manufacture alcoholic beverages for the 
purpose of sale on the reservation.

Chapter 6. Application for Licenses

    Section 6000. Application form and content. An application for a 
license shall be made to the Council and shall contain the following 
information:
    (a) The name and address of the applicant. In the case of a 
corporation, the names and addresses of all of the principal officers, 
directors and stockholders of the corporation. In the case of a 
partnership, the name and address of each partner;
    (b) The specific area, location and/or premises for which the 
license is applied for;
    (c) The type of liquor transaction applied for (i.e., retail on-
sale general license, etc.);
    (d) Whether the applicant has a state liquor license;
    (e) A statement by the applicant to the effect that the applicant 
has not been convicted of a felony and has not violated and will not 
violate or cause or permit to be violated any of the provisions of this 
ordinance or any of the provisions of the California Alcoholic Beverage 
Control Act;
    (f) The signature and fingerprint of the applicant. In the case of 
a partnership, the signature and fingerprint of each partner. In the 
case of a corporation, the signature and fingerprint of each of the 
officers of the corporation under the seal of the corporation; and
    (g) The application shall be verified under oath, notarized and 
accompanied by the license fee required by this ordinance.
    Section 6100. Fee accompanying application. The Council shall by 
resolution establish a fee schedule for the issuance, renewal and 
transfer of the following types of licenses:
    (a) Retail on-sale general license;
    (b) Retail on-sale beer and wine license;
    (c) Retail off-sale general license;
    (d) Retail off-sale beer and wine liquor; and
    (e) Manufacturers license.
    Section 6200. Investigation; denial of application. Upon receipt of 
an application for the issuance, transfer or renewal of a license and 
the application fee required herein, the Council shall make a thorough 
investigation to determine whether the applicant and the premises for 
which a license is applied for qualify, whether the provisions of this 
ordinance have been complied with, and shall investigate all matters 
connected therewith which may affect the public welfare and morals. The 
Council shall deny an application for issuance, renewal or transfer of 
a license if either the applicant or the premises for which a license 
is applied for does not qualify for a license under this ordinance, or 
if the applicant has misrepresented any facts in the application or 
given any false information to the Council in order to obtain a 
license.
    The Council further may deny any application for issuance, renewal 
or transfer of a license if the Council cannot make the findings 
required by Section 8100 of this ordinance or the Council finds that 
the issuance of such a license would tend to create a law enforcement 
problem, or if issuance of said license would be a detriment to the

[[Page 56323]]

health, safety and welfare of the Tribe or its members.

Chapter 8. Issuance, Renewal and Transfer of Licenses

    Section 8000. Public hearing. Upon receipt of an application for 
issuance, renewal or transfer of a license, and the payment of all fees 
required under this ordinance, the Secretary of the Council shall set 
the matter for a public hearing. Notice of the time and place of the 
hearing shall be given to the applicant and the public at least ten 
(10) calendar days before the hearing. Notice shall be given to the 
applicant by prepaid U.S. mail at the address listed in the 
application. Notice shall be given to the public by publication in a 
newspaper of general circulation sold on the reservation. The notice 
published in the newspaper shall include the name of the applicant and 
the type of license applied for and a general description of the area 
where liquor will be sold. At the hearing, the Council shall hear from 
any person who wishes to speak for or against the application. The 
Council shall have the authority to place time limits on each speaker 
and limit or prohibit repetitive testimony.
    Section 8100. Council action on the application. Within thirty (30) 
days of the conclusion of the public hearing, the Council shall act on 
the matter. The Council shall have the authority to deny, approve or 
approve with conditions the application. Before approving the 
application, the Council shall find: (1) that the site for the proposed 
premises has adequate parking, lighting, security and ingress and 
egress so as not to adversely affect adjoining properties or 
businesses, and (2) that the sale of alcoholic beverages at the 
proposed premises is consistent with the Tribe's Zoning Ordinance.
    Upon approval of an application, the Council shall issue a license 
to the applicant in a form to be approved from time-to-time by the 
Council by resolution. All businesses shall post their tribal liquor 
licenses issued under this ordinance in a conspicuous place upon the 
premises where alcoholic beverages are sold, manufactured or offered 
for sale.
    Section 8200. Multiple locations. Each license shall be issued to a 
specific person. Separate licenses shall be issued for each of the 
premises of any business establishment having more than one location. 
In the case of the sale of alcoholic beverages on boats, a separate 
license shall be issued for each boat regardless of the fact that the 
boats are moored at one location or owned by one person.
    Section 8300. Term of license. Temporary licenses. All licenses 
issued by the Council shall be issued on a calendar year basis and 
shall be renewed annually; provided, however, that the Council may 
issue special licenses for the sale of alcoholic beverage on a 
temporary basis for premises temporarily occupied by the licensee for a 
picnic, social gathering or similar occasion at a fee to be established 
by the Council by resolution.
    Section 8400. Transfer of licenses. Each license issued or renewed 
under this ordinance is separate and distinct and is transferable from 
the licensee to another person and/or from one premises to another 
premises only with the approval of the Council. The Council shall have 
the authority to approve, deny or approve with conditions any 
application for the transfer of any license. In the case of a transfer 
to a new person, the application for transfer shall contain all of the 
information required of an original applicant under Section 6000 of 
this ordinance. In the case of a transfer to a new location, the 
application shall contain an exact description of the location where 
the alcoholic beverages are proposed to be sold.

Section 10. Revocation of Licenses

    Section 10000. Revocation of license. The Council shall revoke a 
license upon any of the following grounds:
    (a) The misrepresentation of a material fact by an applicant in 
obtaining a license or a renewal thereof;
    (b) The violation of any condition imposed by the Council on the 
issuance, transfer or renewal of license;
    (c) A plea, verdict, or judgment of guilty, or the plea of nolo 
contendere to any public offense involving moral turpitude under any 
federal or state law prohibiting or regulating the sale, use, 
possession, or giving away of alcoholic beverages or intoxicating 
liquors;
    (d) The violation of any tribal ordinance; and
    (e) The failure to take reasonable steps to correct objectionable 
conditions on the licensed premises or any immediate adjacent area 
leased, assigned or rented by the licensee constituting a nuisance 
within a reasonable time after receipt of a notice to make such 
corrections has been received from the Council or its authorized 
representative.
    Section 10100. Accusations. The Council on its own motion through 
the adoption of an appropriate resolution meeting the requirements of 
this section or any person may initiate revocation proceedings by 
filing an accusation with the Secretary of the Council.
    (a) The accusation shall be in writing and signed by the maker, and 
shall state facts showing that there are specific grounds under this 
ordinance which would authorize the Council to revoke the license or 
licenses of the licensee against whom the accusation is made.
    (b) Upon receipt of an accusation, the Secretary of the Council 
shall cause the matter to be set for a hearing before the council.
    (c) Thirty (30) days prior to the date set for the hearing, the 
Secretary shall mail a copy of the accusation along with a notice of 
the day and time of the hearing before the Council. The notice shall 
command the licensee to appear and show cause why the licensee's 
license should not be revoked. The notice shall state that the licensee 
has the right to file a written response to the accusation, verified 
under oath and signed by the licensee 10 days prior to the hearing 
date.
    Section 10200. Hearing. Any hearing held on any accusation shall be 
held before a majority of the Council under such rules of procedure as 
it may adopt. Both the licensee and the person filing the accusation, 
including the Tribe, shall have the right to present witnesses to 
testify and to present written documents in support of their positions 
to the Council. The Council shall render its decision within sixty (60) 
days after the date of the hearing. The decision of the Council shall 
be final and non-appealable.

Chapter 12. Enforcement

    Section 12000. General Penalties. Any person adjudged to be in 
violation of this ordinance shall be subject to a civil penalty of not 
more than Five Hundred Dollars ($500) for each such violation. The 
Council may adopt by resolution a separate schedule of fines for each 
type of violation, taking into account its seriousness and the threat 
it may pose to the general health and welfare of tribal members. Such 
schedule may also provide, in the case of repeated violations, for 
imposition of monetary penalties greater than the Five Hundred Dollars 
($500) limitation set forth above. The penalties provided for herein 
shall be in addition to any criminal penalties which may hereafter be 
imposed under a separate ordinance adopted by the Council.
    The penalties provided for herein shall be in addition to any 
criminal penalties which may hereafter be imposed in conformity with 
federal law by separate chapter of provision of this ordinance or by a 
separate ordinance of the Redding Rancheria Code.
    Section 12100. Initiation of action. Any violation of this 
ordinance shall

[[Page 56324]]

constitute a public nuisance. The Council may initiate and maintain an 
action in tribal court or any court of competent jurisdiction to abate 
and permanently enjoin any nuisance declared under this ordinance. Any 
action taken under this section shall be in addition to any other 
penalties provided for this ordinance.

Chapter 14. Severability

    If any part or provision of this ordinance or the application 
thereof to any person or circumstance is held invalid, the remainder of 
the ordinance, including the application of such part or provision to 
persons or circumstances, shall not be affected thereby and shall 
continue in full force and affect. To this end, the provisions of this 
ordinance are severable.

Chapter 15. Rice v. Rehner

    All provisions of this ordinance shall comply with the ruling of 
the United States Supreme Court Case, Rice v. Rehner  (463 U.S. 713 
1983).

Chapter 16. Effective Date

    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.

[FR Doc. 00-23915 Filed 9-15-00; 8:45 am]
BILLING CODE 4310-02-P