[Federal Register Volume 65, Number 244 (Tuesday, December 19, 2000)]
[Notices]
[Pages 79417-79420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32318]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Liquor Ordinance of the Jamul Indian Village, Jamul, California

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Jamul Indian Village's Liquor 
Ordinance. The Ordinance regulates the control of, the possession of, 
and the sale of liquor on the Jamul Indian Village's trust lands, and 
is in conformity with the laws of the State of California, where 
applicable and necessary. Although the Ordinance was adopted on July 
20, 1996, 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 December 19, 2000.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
Services, 1849 C Street, NW, MS 4631-MIB, Washington, D.C. 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 Jamul Indian Village's Liquor 
Ordinance, Resolution No. 96-16, was duly adopted by the Jamul Indian 
Village General Council on July 20, 1996. The Jamul Indian Village, 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 Jamul Indian Village.
    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. 96-16, the Jamul Indian Village's 
Liquor Ordinance was duly adopted by the Jamul Indian Village General 
Council on July 20, 1996.

    Dated: December 11, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.

    The Jamul Indian Village's Liquor Ordinance, Resolution No. 96-16, 
reads as follows:

Liquor Ordinance of The Jamul Indian Village

Chapter I--Introduction

    101. Title. This ordinance shall be known as the ``Liquor Ordinance 
of the Jamul Indian Village.''
    102. Authority. This ordinance is enacted pursuant to the Act of 
August 15, 1953, (Public Law 83-277, 67 Stat. 588, 18 U.S.C. 1161) and 
Article VIII of the Constitution of the Jamul Indian Village.
    103. Purpose. The purpose of this ordinance is to regulate and 
control the possession and sale of liquor on the Jamul Reservation. The 
enactment of a tribal ordinance governing liquor possession and sale on 
the reservation will increase the ability of the tribal government to 
control reservation liquor distribution and possession, and at the same 
time will provide an important source of revenue for the continued 
operation and strengthening of the tribal government and the delivery 
of tribal government services.

Chapter II--Definitions

    201. As used in this ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise.
    202. 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 all dilutions of this substance.
    203. Alcoholic Beverage is synonymous with the term ``Liquor'' as 
defined in section 208 of this chapter.
    204. Bar means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises of beer, as herein defined.
    205. 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 of cereal in pure water 
containing not more than 4 percent of alcohol by volume. For the 
purposes of this title, any such beverage, including ale, stout, and 
porter, containing more than 4

[[Page 79418]]

percent of alcohol by weight shall be referred to as ``strong beer.''
    206. Committee means the Business Committee of the Jamul Indian 
Village.
    207. General Council means the general council of the Jamul Indian 
Village which is composed of the voting membership of the Tribe as a 
whole.
    208. Liquor includes the four varieties of liquor herein defined 
(alcohol, spirits, wine and beer), and all fermented spirituous, 
vinous, or malt liquor or combination thereof, and mixed liquor, or 
otherwise intoxicating; and every 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, which contain more than 1 percent of alcohol by weight 
shall be conclusively deemed to be intoxicating.
    209. Liquor Store means any store at which liquor is sold and, for 
the purposes of this ordinance, including stores only a portion of 
which are devoted to sale of liquor or beer.
    210. Malt Liquor means beer, strong beer, ale stout, and porter.
    211. Package means any container or receptacle used for holding 
liquor.
    212. Public Place includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishments; public buildings, public meeting halls, lobbies, halls 
and dining rooms of hotels, restaurants, theaters, gaming facilities, 
entertainment centers, store garages, and filling stations 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 right of access, and which 
are generally used by the public. For the purposes of this ordinance, 
``Public Place'' shall also include any establishment other than a 
single family home which is designed for or may be used by more than 
just the owner of the establishment.
    213. Reservation means land held in trust by the United States 
Government for the benefit of the Jamul Indian Village (see also Tribal 
Land).
    214. Sale and Sell include exchange, barter, and traffic; and also 
include the selling 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 wine by any person to any person.
    215. Spirits mean any beverage, which contains alcohol obtained by 
distillation, including wines exceeding 17 percent of alcohol by 
weight.
    216. Tribe means the Jamul Indian Village.
    217. Tribal Land means any land within the exterior boundaries of 
the Reservation which is held in trust by the United States for the 
Tribe as a whole, including such land leased to other parties.
    218. Trust Account means the account designated by the tribal 
treasurer for deposit of proceeds from the tax on the sale of alcoholic 
beverages.
    219. Trust Agent means the tribal Chairperson or a designee of the 
Chairperson.
    220. Wine means any alcoholic beverage obtained by fermentation of 
fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during or after fermentation, 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.

Chapter III--Powers of Enforcement

    301. Powers. The Committee, in furtherance of the ordinance, shall 
have the following powers and duties:
    (a) To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of alcoholic beverages on the 
Reservation;
    (b) To employ managers, accountants, security personnel, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Committee to perform its functions. Such employees shall be 
tribal employees;
    (c) To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Reservation;
    (d) To hold hearing 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 General Council;
    (h) To collect taxes and fees levied or set by the Committee, and 
to keep accurate records, books and accounts; and
    (i) To exercise such other powers as delegated by the General 
Council.
    302. Limitation on Powers. In the exercise of its powers and duties 
under this ordinance, the Committee and its individual members shall 
not accept any gratuity, compensation or other thing of value from any 
liquor wholesaler, retailer, or distributor or from any licensee.
    303. Inspection Rights. The premises on which liquor is sold or 
distributed shall be open for inspection by the Committee at all 
reasonable time for the purposes of ascertaining whether the rules and 
regulations of this ordinance are being complied with.

Chapter IV--Sales of Liquor

    401. Licenses Required. No sales of alcoholic beverages shall be 
made within the exterior boundaries of the Reservation, except at a 
tribally-licensed or tribally-owned business operated on tribal land 
within the exterior boundaries of the Reservation.
    402. Sales Only on Tribal Land. All liquor sales within the 
exterior boundaries of the Reservation shall be on Tribal Land, 
including leases thereon.
    403. 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 use of major credit cards.
    404. Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. The 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 Reservation and sells it, whether in the original 
container or not, shall be guilty of a violation of this ordinance and 
shall be subjected to paying damages to the Tribe as set forth herein.

Chapter V--Licensing

    501. Application for Tribal Liquor License--Requirements. No tribal 
license shall be issued under this ordinance except upon a sworn 
application filed with the Committee containing a full and complete 
showing of the following:
    (a) Satisfactory proof that the applicant is or will be duly 
licensed by the State of California.
    (b) Satisfactory proof that the applicant is of good character and 
reputation among the people of the Reservation and that the applicant 
is financially responsible.
    (c) The description of the premises in which the intoxicating 
beverages are to be sold, proof that the applicant is the owner of such 
premises, or lessee of

[[Page 79419]]

such premises, for at least the term of the license.
    (d) Agreement by the applicant to accept and abide by all 
conditions of the tribal license.
    (e) Payment of a $100.00 fee as prescribed by the Committee.
    (f) Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony.
    (g) Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least 30 days prior to 
consideration by the Committee and has been published at least twice in 
such local newspaper serving the community that may be affected by the 
license. The notice shall state the date, time, and place when the 
application shall be considered by the Committee pursuant to section 
502 of this ordinance.
    502. Hearing on Application for Tribal Liquor License. All 
applications for a tribal liquor license shall be considered by the 
Committee in open session at which the applicant, his/her attorney, and 
any person protesting the application shall have the right to be 
present, and to offer sworn oral or documentary evidence relevant to 
the application. After the hearing, the Committee, by secret ballot, 
shall determine whether to grant or deny the application based on:
    (a) Whether the requirements of section 501 have been met;
    (b) Whether the Committee, in its discretion, determines that 
granting the license is in the best interest of the Tribe, and
    (c) In the event that the applicant is a member of the General 
Council, or a member of the immediate family of a General Council 
member, such member shall not vote on the application or participate in 
the hearings as a Committee member.
    503. Temporary Permits. The Committee or their designee may grant a 
temporary permit for the sale of intoxicating beverages for a period 
not to exceed 3 days to any person applying for the same in connection 
with a tribal or community activity, provided that the conditions 
prescribed in section 504 of this ordinance shall be observed by the 
permittee. Each permit issued shall specify the types of intoxicating 
beverages to be sold. Further, a fee of $25.00 will be assessed on 
temporary permits.
    504. Conditions of the Tribal License. Any tribal license issued 
under this title shall be subject to such reasonable conditions as the 
Committee shall fix, including, but not limited to the following:
    (a) The license shall be for a term not to exceed 2 years.
    (b) The license shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    (c) The licensed premises shall be subject to patrol by the tribal 
police department, and such other law enforcement officials as may be 
authorized under federal, California, or tribal law.
    (d) The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during the regular business 
hours.
    (e) Subject to the provisions of subsection (g) of this section, no 
intoxicating beverages shall be sold, served, disposed of, delivered, 
or given to any person, or consumed on the licensed premises except in 
conformity with the hours and days prescribed by the laws of the State 
of California, and in accordance with the hours fixed by the Committee, 
provided that the licensed premises shall not operate or open earlier 
or operate or close later than is permitted by the laws of the State of 
California.
    (f) No liquor shall be sold within 200 feet of a polling place on 
tribal election days, or when a referendum is held by the people of the 
tribe, and including special days of observation as designated by the 
Committee.
    (g) All acts and transactions under authority of the tribal liquor 
license shall be in conformity with the laws of the State of 
California, and shall be in accordance with this ordinance and any 
tribal license issued pursuant to this ordinance.
    (h) No person under the age permitted under the laws of the State 
of California shall be sold, served, delivered, given, or allowed to 
consume alcoholic beverages in the licensed establishment and/or area.
    (i) There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.
    505. License Not a Property Right. Notwithstanding any other 
provision of this ordinance, a tribal liquor license is a mere permit 
of a fixed duration of time. A tribal liquor license shall not be 
deemed a property right or vested right of any kind, nor shall the 
granting of a tribal liquor license give rise to a presumption of legal 
entitlement to the granting of such license for a subsequent time 
period.
    506. Assignment or Transfer. No tribal license issued under this 
ordinance shall be assigned or transferred without the written approval 
of the Committee expressed by formal resolution.

Chapter VI--Rules, Regulations, and Enforcement

    601. Sales or Possession With Intent to Sell Without a Permit. 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 with intent to sell 
or distribute without a permit, shall be guilty of a violation of this 
ordinance.
    602. Purchases From Other Than Licensed Facilities. Any person 
within the boundaries of the Reservation who buys liquor from any 
person other than at a properly licensed facility shall be guilty of a 
violation of this ordinance.
    603. Sales to Persons Under the Influence of Liquor. Any person who 
sells liquor to a person apparently under the influence of liquor shall 
be guilty of a violation of this ordinance.
    604. Consuming Liquor in Public Conveyance. Any person engaged 
wholly or in part in the business of carrying passengers for hire, and 
every agent, servant or employee of such person who shall knowingly 
permit any person to drink any liquor in any public conveyance shall be 
guilty of an offense. Any person who shall drink any liquor in a public 
conveyance shall be guilty of a violation of this ordinance.
    605. Consumption or Possession of Liquor by Persons Under 21 Years 
of Age. No person under the age of 21 years shall consume, acquire or 
have in his/her possession any alcoholic beverage. No person shall 
permit any other person under the age of 21 to consume liquor on his/
her premises or any premises under his/her control except in those 
situations set out in this section. Any person violating this section 
shall be guilty of a separate violation of this ordinance for each and 
every drink so consumed.
    606. Sales of Liquor to Persons Under 21 Years of Age. Any person 
who shall sell or provide liquor to any person under the age of 21 
years shall be guilty of a violation of this ordinance for each sale or 
drink provided.
    607. Transfer of Identification to Minor. Any person who transfers 
in any manner an identification of age to a minor for the purpose of 
permitting such minor to obtain liquor shall be guilty of an offense; 
provided, that corroborative testimony of a witness other than the 
minor shall be a requirement of finding a violation of this ordinance.
    608. Use of False or Altered Identification. Any person who 
attempts to purchase an alcoholic beverage

[[Page 79420]]

through the use of false or altered identification which falsely 
purports to show the individual to be over the age of 21 years shall be 
guilty of violating this ordinance.
    609. Violations of This Ordinance. Any person guilty of a violation 
of this ordinance shall be liable to pay the Tribe a penalty not to 
exceed $500 per violation as civil damages to defray the Tribe's cost 
of enforcement of this ordinance. In addition to any penalties so 
imposed, any license issued hereunder may be suspended or canceled by 
the Committee for the violation of any of the provisions of this 
ordinance, or of the tribal license, upon hearing before the Committee 
after 10 days notice to the licensee. The decision of the Committee 
shall be final.
    610. Acceptable Identification. Where there may be a question of a 
person's right to purchase liquor by reason of his/her age, such person 
shall be required to present any one of the following issued cards of 
identification which shows his/her correct age and bears his/her 
signature and photograph:
    (a) Driver's license of any state or identification card issued by 
any State Department of Motor Vehicles;
    (b) United States Active Duty Military identification; or
    (c) Passport.
    611. Possession of Liquor Contrary to This Ordinance. Alcoholic 
beverages which are possessed contrary to the terms of this ordinance 
are declared to be contraband. Any tribal agent, employee, or officer 
who is authorized by the Committee to enforce this section shall have 
the authority to, and shall seize, all contraband.
    612. Disposition of Seized Contraband. Any officer seizing 
contraband shall preserve the contraband in accordance with applicable 
law. Upon being found in violation of the ordinance by the Committee, 
the party shall forfeit all right, title and interest in the items 
seized which shall become the property of the Tribe.

Chapter VII--Taxes

    701. Sales Tax. There is hereby levied and shall be collected a tax 
on each sale of alcoholic beverages on the Reservation in the amount of 
1 percent of the amount actually collected, including payments by major 
credit cards. The tax imposed by this section shall apply to all retail 
sales of liquor on the Reservation and shall preempt any tax imposed on 
such liquor sales by the State of California.
    702. Payment of Taxes to Tribe. All taxes from the sale of 
alcoholic beverages on the Reservation shall be paid over to the agent 
of the Tribe.
    703. Taxes Due. All taxes for the sale of alcoholic beverages on 
the Reservation are due within 30 days of the end of the calendar 
quarter for which the taxes are due.
    704. Reports. Along with payment of the taxes imposed herein, the 
taxpayers 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.
    705. 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 annually by the Tribe through its agents or employees 
whenever, in the opinion of the Committee, such a review or audit is 
necessary to verify the accuracy of reports.

Chapter VIII--Profits

    801. Disposition of Proceeds. The gross proceeds collected by the 
Committee from all licensing provided from the taxation of the sales of 
alcoholic beverages on the Reservation shall be distributed as follows:
    (a) For the payment of all necessary personnel, administrative 
costs, and legal fees for the operation and its activities; and
    (b) The remainder shall be turned over to the account of the Tribe.

Chapter IX--Severability and Miscellaneous

    901. 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.
    902. Prior Enactments. All prior enactments of the Committee which 
are inconsistent with the provisions of this ordinance are hereby 
rescinded.
    903. Conformance with California Laws. 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. 1161.
    904. 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.

Chapter X--Adoption and Amendment

    1001. This ordinance shall be adopted and may be amended by a 
majority vote of the General Council at a duly called meeting of the 
General Council.

Chapter XI--Sovereign Immunity

    1101. 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. 00-32318 Filed 12-18-00; 8:45 am]
BILLING CODE 4310-02-P