[Federal Register Volume 65, Number 195 (Friday, October 6, 2000)]
[Notices]
[Pages 59864-59865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-25799]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Rincon Alcohol Control Ordinance No. 99-01 of the Rincon, San 
Luiseno Band of Mission Indians, Valley Center, CA

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Rincon Alcohol Control Ordinance No. 
99-01. The Ordinance regulates the control of, the possession of, and 
the sale of liquor on the Rincon, San Luiseno Band of Mission Indians' 
trust lands, and is in conformity with the laws of the State of 
California, where applicable and necessary. Although the Ordinance was 
adopted on June 13, 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 on October 6, 2000.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
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 83-277, 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 Rincon Alcohol Control Ordinance No. 
99-01 was duly adopted by the Rincon, San Luiseno Band of Mission 
Indians General Membership on June 13, 2000. The Rincon, San Luiseno 
Band of Mission Indians, 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 Rincon, San Luiseno Band of 
Mission Indians.
    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. 2000-04, the Rincon Alcohol 
Control Ordinance No. 99-01 was duly adopted by the Rincon, San Luiseno 
Band of Mission Indians General Membership on June 13, 2000.

    Dated: September 29, 2000.
Kevin Gover,
Assistant Secretary-Indian Affairs.
    The Rincon Alcohol Control Ordinance No. 99-01 reads as follows:

[[Page 59865]]

Rincon Alcohol Control Ordinance No. 99-01

Section 200.01. Title

    This ordinance shall be known as the Rincon Ordinance Regulating 
and Controlling the Manufacture, Introduction, Sale or Possession of 
Alcoholic Beverages within the boundaries of the Rincon Indian 
Reservation. The short title of this Ordinance shall be ``Rincon 
Alcohol Control Ordinance.''

Section 200.02. Authority

    This Ordinance is enacted pursuant to federal law, specifically the 
Act of August 15, 1953, Public Law 83-277, 67 Stat. 588, 18 U.S.C. 
1161, and the Articles of Association, Governing Procedures for 
Administering the Affairs of The Rincon, San Luiseno Band of Mission 
Indians, California.

Section 200.03. Purpose

    The purpose of this Ordinance is to regulate and control the 
possession and sale of alcohol within the exterior boundaries of the 
Rincon Indian Reservation, and to permit alcohol sales by tribally 
owned, controlled or operated enterprises, and at tribally approved 
special events, for the purpose of the economic development of the 
Rincon Band. The enactment of a tribal ordinance governing alcohol 
possession and sales within the exterior boundaries of the Rincon 
Indian Reservation increases the ability of the Rincon Tribal 
Government to control reservation alcohol distribution and possession, 
and will provide an important source of revenue for the continued 
operation and strengthening of the tribal government and the economic 
viability of tribal government services. This Rincon Alcohol Control 
Ordinance is in conformity with the laws of the State of California as 
required by 18 U.S.C. 1161, and with all applicable federal laws.

Section 200.04. Manufacture of Alcohol

    The manufacture of alcoholic beverages by business enterprises 
owned by or subject to the control of the Rincon Band shall be lawful 
within the exterior boundaries of the Rincon Indian Reservation; 
provided that such manufacture is in conformity with the laws of the 
State of California as required by federal law.

Section 200.05. Possession of Alcohol

    The introduction or possession of alcoholic beverages shall be 
lawful within the exterior boundaries of the Rincon Indian Reservation; 
provided that such introduction or possession is in conformity with the 
laws of the State of California as required by federal law.

Section 200.06. Sales of Alcohol

    (a) The sale of alcoholic beverages by business enterprises owned 
or operated by, or subject to the control of, the Rincon Band shall be 
lawful within the exterior boundaries of the Rincon Indian Reservation; 
provided that such sale is in conformity with the laws of the State of 
California as required by federal law.
    (b) The sale of alcoholic beverages by the drink at special events 
authorized by the Rincon Band shall be lawful within the exterior 
boundaries of the Rincon Indian Reservation; provided that such sales 
are in conformity with the laws of the State of California as required 
by federal law and with prior approval by Resolution of the Tribal 
Council of the Rincon Band.

Section 200.07. Age Limits

    (a) The drinking age within the exterior boundaries of the Rincon 
Indian Reservation shall be the same as that of the State of California 
as required by federal law. No person under such age shall purchase, 
possess or consume any alcoholic beverage within the exterior 
boundaries of the Rincon Indian Reservation.
    (b) The State of California sets the drinking age within California 
under California Business and Professions Code Sec. 25658. California's 
drinking age is 21 at the time of the enactment of this Ordinance.
    (c) At such time, if any, as California Business and Professions 
Code Sec. 25658 is repealed or amended to raise or lower the drinking 
age within California, subsection (b) above shall automatically become 
null and void, and the Tribal Council shall be empowered to enact a new 
subsection to reference the appropriate provision of the state law, 
such amendment to become effective upon publication in the Federal 
Register by the Secretary of the Interior.

Section 200.08. Civil Penalties

    The Rincon Band, through its Tribal Council and duly authorized 
security personnel, shall have the authority to enforce this Ordinance 
by confiscating any alcohol manufactured, introduced, sold or possessed 
in violation hereof. The Tribal Council shall be empowered to sell such 
confiscated alcohol for the benefit of the Rincon Band, and to develop 
and approve such regulations as may become necessary for enforcement of 
this Ordinance.

Section 200.09. Severability

    If any provision of this Ordinance is determined by review to be 
invalid, such adjudication shall not be held to render ineffectual the 
remaining portions of this Ordinance or to render such provisions 
inapplicable to other persons or circumstances.

Section 200.10. Prior Enactments

    Any and all prior enactments of the Rincon Band which are 
inconsistent with the provisions of this Ordinance are hereby 
rescinded.

Section 200.11. Conformance With California Laws

    All acts and transactions under this Ordinance shall be in 
conformity with the laws of the State of California as the term is used 
in 18 U.S.C. 1161.

Section 200.12. Effective Date

    This Ordinance shall be effective on October 6, 2000.

Section 200.13. Amendment

    This Ordinance may be amended only by a majority vote of the Rincon 
General Council.

Section 200.14. Sovereign Immunity

    Nothing contained in this Ordinance is intended to, nor does, in 
any way, limit, alter, restrict, or waive the Tribe's sovereign 
immunity from unconsented suit or action.

[FR Doc. 00-25799 Filed 10-5-00; 8:45 am]
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