[Federal Register Volume 66, Number 18 (Friday, January 26, 2001)]
[Notices]
[Pages 7926-7929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2384]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Big Sandy Rancheria Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Big Sandy Rancheria Liquor 
Ordinance. The Ordinance regulates the control of, the possession of, 
and the sale of liquor on the Big Sandy 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 
30, 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 January 26, 2001.

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 Big Sandy Rancheria Liquor 
Ordinance, Resolution No. 00-14, was duly adopted by the Big Sandy 
Rancheria Tribal Council on August 30, 2000. The Big Sandy 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 Big Sandy Rancheria.
    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. 00-14, the Big Sandy Rancheria 
Liquor Ordinance was duly adopted by the Big Sandy Tribal Council on 
August 30, 2000.

    Dated: January 19, 2001.
Michael J. Anderson,
Acting Assistant Secretary--Indian Affairs.

    The Big Sandy Rancheria Liquor Ordinance, Resolution No. 00-14, 
reads as follows:

Big Sandy Rancheria Liquor Ordinance

Chapter I--Introduction

    Section 101. Title. This ordinance shall be known as the Liquor 
Ordinance of the Big Sandy Rancheria of Mono Indians of California.
    Section 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 the Constitution of the Big Sandy Rancheria of Mono Indians 
of California (Big Sandy Rancheria or Rancheria).
    Section 103. Purpose. The purpose of this ordinance is to regulate 
and control the possession and sale of liquor on lands under the 
control of the Big Sandy Rancheria. The enactment of a tribal ordinance 
governing liquor possession and sale on the Rancheria will increase the 
ability of the tribal government to control Rancheria 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

    Section 201. Definitions. As used in this ordinance, the following 
words shall have the following meanings unless the context clearly 
requires otherwise.
    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.
    Alcoholic Beverage is synonymous with the term ``liquor'' as 
defined in this Chapter.
    Bar means any establishment with special space and accommodations 
for sale by the glass, can or bottle and for consumption on the 
premises of liquor, as herein defined.
    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 percent of alcohol by weight shall be referred to as 
``strong beer.''
    General Membership means the general membership of the Big Sandy 
Rancheria, which is composed of the membership of the Tribe as a whole.
    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 liquor 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.
    Liquor Store means any store at which liquor is sold and, for the 
purposes of this ordinance, includes stores only a portion of which are 
devoted to sale of liquor or beer.
    Malt Liquor means beer, strong beer, ale stout, and porter.
    Package means any container or receptacle used for holding liquor.
    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 establishment, public 
buildings, public meeting halls, lobbies, halls and dining rooms of 
hotels, restaurants, theater, 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 of 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

[[Page 7927]]

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.
    Rancheria means land held in trust by the United States Government 
for the benefit of the Big Sandy Rancheria of Mono Indians of 
California (See also Tribal Land).
    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.
    Spirits mean any beverage, which contains alcohol obtained by 
distillation, including wines exceeding 17 percent of alcohol by 
weight.
    Tribal Council means the Tribal Council of the Big Sandy Rancheria 
of Mono Indians of California.
    Tribal Land means any land within the exterior boundaries of the 
Rancheria which is held in trust by the United States for the Tribe as 
a whole, including such land leased to other parties and lands held in 
trust under lease to Big Sandy Rancheria.
    Tribe means the Big Sandy Rancheria of Mono Indians of California.
    Trust Account means the account designated by the Tribal Council 
for deposit of proceeds from the tax from the sale of alcoholic 
beverages.
    Trust Agent means the Tribal Chairperson or a designee of the 
Chairperson.
    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

    Section 301. Powers. The Tribal Council, in furtherance of this 
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 
Rancheria;
    (b) To employ managers, accountants, security personnel, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Tribal Council to perform its functions;
    (c) To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Rancheria;
    (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 Council;
    (h) To collect taxes and fees levied or set by the Tribal Council 
and to keep accurate records, books, and accounts.
    Section 302. Limitation on Powers. In the exercise of its powers 
and duties under this ordinance, the Tribal Council 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.
    Section 303. Inspection Rights. The premises on which liquor is 
sold or distributed shall be open for inspection by the Tribal Council 
or its designee at all reasonable times for the purposes of 
ascertaining whether the rules and regulations of this ordinance are 
being complied with.

Chapter IV--Sales of Liquor

    Section 401. Licenses Required. No sales of alcoholic beverages 
shall be made within the exterior boundaries of the Rancheria, except 
at a tribally licensed or tribally owned business operated on tribal 
land within the exterior boundaries of the Rancheria.
    Section 402. Sales Only on Tribal Land. All liquor sales within the 
exterior boundaries of the Rancheria shall be on tribal land, including 
leases thereon.
    Section 403. Sales for Cash. All liquor sales within the Rancheria 
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 such as Visa, 
American Express, etc.
    Section 404. Sale for Personal Consumption. All sales shall be for 
the personal use and consumption of the purchaser. Resale of any 
alcoholic beverage purchased within the exterior boundaries of the 
Rancheria is prohibited. Any person who is not licensed pursuant to 
this ordinance who purchases an alcoholic beverage within the 
boundaries of the Rancheria 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

    Section 501. Application for Tribal Liquor License Requirements. No 
tribal license shall be issued under this ordinance except upon a sworn 
application filed with the Tribal Council 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 Rancheria 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 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 $250 fee as prescribed by the Tribal Council.
    (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 Tribal Council and has been published at least 
twice in such local newspaper serving the community that may be 
affected by the license the Tribal Chairperson or Secretary may 
authorize. The notice shall state the date, time and place when the 
application shall be considered by the Tribal Council pursuant to 
Section 502 of this ordinance.
    Section 502. Hearing on Application for Tribal Liquor License. All 
applications for a tribal liquor license shall be considered by the 
Tribal Council in open session at which the applicant, his 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 Tribal Council shall determine 
whether to grant or deny the application based on:
    (1) Whether the requirements of Section 501 have been met; and
    (2) Whether the Tribal Council, in its discretion, determines that 
granting the license is in the best interests of the Tribe.
    In the event that the applicant is a member of the Tribal Council, 
or a member of the immediate family of a

[[Page 7928]]

Tribal Council member, such members shall not vote on the application 
or participate in the hearings as a Tribal Council member.
    Section 503. Temporary Permits. The Tribal Council 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 will 
be assessed on temporary permits.
    Section 504. Conditions of the Tribal License. Any tribal license 
issued under this title shall be subject to such reasonable conditions 
as the Tribal Council shall fix, including, but not limited to the 
following:
    (a) The license shall be for a term not to exceed 1 year.
    (b) The licensee shall at all times maintain an orderly, clean and 
neat establishment, both inside and outside the licensed premises.
    (c) The State of California shall have jurisdiction over offenses 
and civil causes of action committed on the licensed premises to the 
same extent that it has jurisdiction over offenses and civil causes of 
action committed elsewhere within California, and the California 
criminal laws, and civil laws of general applicability to private 
persons or private property, shall have the same force and effect on 
the licensed premises as they have elsewhere in California.
    (d) The licensed premises shall be subject to patrol by the tribal 
enforcement department, and such other law enforcement officials as may 
be authorized under federal, California, or tribal law.
    (e) The licensed premises shall be open to inspection by duly 
authorized tribal officials at all times during the regular business 
hours.
    (f) Subject to the provisions of subsection (g) of this section, no 
intoxicating beverages shall be sold, served, disposed of, delivered 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 Council, 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.
    (g) No liquor shall be sold within 200 feet of a polling place on 
tribal election days, or when a referendum is held of the people of the 
Tribe, and including special days of observation as designated by the 
Tribal Council.
    (h) 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.
    (i) 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.
    (j) There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.
    Section 505. License Not a Property Right. Notwithstanding any 
other provision of this ordinance, a tribal liquor license is a mere 
permit for 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.
    Section 506. Assignment or Transfer. No tribal license issued under 
this ordinance shall be assigned or transferred without the written 
approval of the Tribal Council expressed by formal resolution.

Chapter VI--Rules, Regulations, and Enforcement

    Section 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 possession with intent to 
sell or distribute without a permit, shall be guilty of a violation of 
this ordinance.
    Section 602. Purchases From Other Than Licensed Facilities. Any 
person within the boundaries of the Rancheria who buys liquor from any 
person other than at a properly licensed facility shall be guilty of a 
violation of this ordinance.
    Section 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.
    Section 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 or 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.
    Section 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 possession any alcoholic beverage. No person 
shall permit any other person under the age of 21 to consume liquor on 
his premises or any premises under his 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.
    Section 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.
    Section 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.
    Section 608. Use of False or Altered Identification. Any person who 
attempts to purchase an alcoholic beverage 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.
    Section 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 Tribal Council after 10 days notice to the licensee. The decision 
of the Tribal Council shall be final.
    Section 610. Acceptable Identification. Where there may be a 
question of a person's right to purchase liquor by reason of his age, 
such person shall be required to present any one of the following 
issued cards of identification which shows his correct age and bears 
his 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; or
    (c) Passport.

[[Page 7929]]

    Section 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 Tribal Council to enforce this section 
shall have the authority to, and shall seize, all contraband.
    Section 612. Disposition of Seized Contraband. Any officer seizing 
contraband shall preserve the contraband in accordance with the 
appropriate California law code. Upon being found in violation of the 
ordinance by the Tribal Council, the party shall forfeit all right, 
title and interest in the items seized which shall become the property 
of the Tribe.

Chapter VII--Taxes

    Section 701. Sales Tax. There is hereby levied and shall be 
collected a tax on each sale of alcoholic beverages on the Rancheria 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 Rancheria and shall preempt 
any tax imposed on such liquor sales by the State of California.
    Section 702. Payment of Taxes to Tribe. All taxes from the sale of 
alcoholic beverages on the Rancheria shall be paid over to the trust 
agent of the Tribe.
    Section 703. Taxes Due. All taxes for the sale of alcoholic 
beverages on the Rancheria are due within 30 days at the end of the 
calendar quarter for which the taxes are due.
    Section 704. 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 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 Rancheria. Said 
review or audit may be done annually by the Tribe through its agents or 
employees whenever, in the opinion of the Tribal Council, such a review 
or audit is necessary to verify the accuracy of reports.

Chapter VIII--Profits

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

Chapter IX--Severability and Miscellaneous

    Section 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.
    Section 902. Prior Enactments. All prior enactments of the Tribal 
Council, which are inconsistent with the provisions of this ordinance, 
are hereby rescinded.
    Section 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.
    Section 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--Amendment

    This ordinance may only be amended by majority vote of the Tribal 
Council.

Chapter XI--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. 01-2384 Filed 1-25-01; 8:45 am]
BILLING CODE 4310-02-P