[Federal Register Volume 66, Number 69 (Tuesday, April 10, 2001)]
[Notices]
[Pages 18648-18652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-8749]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Soboba Band of Mission Indians Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Soboba Band of Mission Indians 
Liquor Control Ordinance. The Ordinance regulates the control of, the 
possession of, and the sale of liquor on the Soboba Band trust lands, 
and is in conformity with the laws of the State of California, where 
applicable and necessary. Although the Ordinance was adopted on 
February 12, 2000, it does not become

[[Page 18649]]

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 April 10, 2001.

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 Soboba Band of Mission Indians 
Liquor Control Ordinance, Resolution No. 2, was duly adopted by the 
Soboba Tribal Council on February 12, 2000. The Soboba 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 Soboba Band 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. 2, the Soboba Band of Mission 
Indians Liquor Control Ordinance was duly adopted by the Soboba Band 
Tribal Council on February 12, 2000.

    Dated: March 28, 2001.
James H. Mc Divitt,
Deputy Assistant Secretary--Indian Affairs (Management).

The Soboba Band of Mission Indians Liquor Control Ordinance

    The Soboba Band of Mission Indians Liquor Control Ordinance, 
Resolution No. 2, reads as follows:

Article I--Declaration of Public Policy and Purpose

    Section 1. The introduction, possession and sale of liquor on the 
lands of the Soboba Indian Reservation is a matter of special concern 
to the Soboba Band of Mission Indians.
    Section 2. Federal law, 18 U.S.C. 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 the tribes the decision regarding when and to what extent liquor 
transactions shall be permitted.
    Section 3. The General Council of the Soboba Band of Mission 
Indians has the inherent right to enact ordinances to safeguard and 
provide for the health, safety and welfare of the Soboba Indian 
Reservation and the Soboba General Council has determined that it is in 
the best interest of the Soboba Band of Mission Indians to enact a 
tribal ordinance governing the introduction, possession and sale of 
liquor on the Soboba Indian Reservation and which provides for 
exclusive purchase, distribution, and sale of liquor only on tribal 
lands within the exterior boundaries of the Reservation. Further, the 
Soboba Band of Mission Indians 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 Soboba Band of Mission 
Indians as a whole.
    Section 4. The Soboba General Council finds that the sale or other 
commercial distribution of liquor on allotted land is not in the best 
interest of the Soboba Band of Mission Indians and is therefore 
prohibited.
    Section 5. The Soboba General Council finds that violations of this 
Ordinance would damage the Soboba Band of Mission Indians 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 Soboba Band of Mission Indians will impose a tax on the sale of 
liquor on the reservation. Based upon the foregoing findings and 
determinations, the Soboba Band of Mission Indians General 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.
    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, Section 5 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 four percent (4%) of alcohol by volume. 
For the purpose of this title, any such beverage, including ale, stout, 
and porter, containing more than four percent (4%) of alcohol by weight 
shall be referred to as strong beer.
    Section 5. Liquor means the four varieties of liquor herein defined 
(alcohol, spirits, wine and beer), and all fermented spirituous, 
vinous, or malt liquor or combinations thereof, and mixed liquor, or a 
part of which is fermented, spirituous, 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 one percent (1%) of 
alcohol by weight, shall be conclusively deemed to be intoxicating.
    Section 6. 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 7. Malt liquor means beer, strong beer, ale, stout and 
porter.
    Section 8. Package means any container or receptacle used for 
holding liquor.
    Section 9. 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 10. Sale and Sell mean 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 11. Spirits means any beverage, which contains alcohol 
obtained by distillation, including

[[Page 18650]]

wines exceeding seventeen percent (17%) of alcohol by weight.
    Section 12. Tribal Council means the Soboba Tribal Council as 
defined in the Constitution of the Soboba Band of Mission Indians.
    Section 13. Tribal Gaming Commission means the gaming regulatory 
body established under the Gaming Ordinance of the Soboba Band of 
Mission Indians that has been approved by the Chairperson of the 
National Indian Gaming Commission.
    Section 14. Tribal Land means any land within the exterior 
boundaries of the Soboba Indian Reservation that is held in trust by 
the United States for the Soboba Band of Mission Indians.
    Section 15. Wine means any alcoholic beverage obtained by 
fermentation of any fruits (grapes, berries, apples, etc.), or fruit 
juice and containing not more than seventeen percent (17%) of alcohol 
by weight, including sweet wines fortified with wine spirits, such as 
port, sherry, muscatel and angelica, not exceeding seventeen percent 
(17%) of alcohol by weight.

Article III--Powers of Enforcement

    Section 1. The Soboba Gaming Commission, in furtherance of this 
Ordinance, shall have the power and duty to:
    (a) Publish and enforce such rules and regulations governing the 
sale, manufacture and distribution of alcoholic beverages in public 
places on the Soboba Indian Reservation as the Soboba Gaming Commission 
may deem necessary, subject to approval by the Soboba Tribal Council;
    (b) 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) Issue licenses permitting the sale, manufacture and/or 
distribution of liquor on the Soboba Indian Reservation;
    (d) Hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) Bring suit in the appropriate court to enforce this Ordinance 
as necessary;
    (f) Determine and seek damages for violation of this Ordinance;
    (g) Make such reports as may be required by the Tribal Council;
    (h) Collect sales taxes and fees levied or set by the Tribal 
Council on liquor sales and the issuance of liquor licenses, and to 
keep accurate records, books and accounts; and
    (i) Exercise such other powers as may be delegated from time to 
time by the Tribal 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; 
or
    (b) Waive the immunity of the Soboba Band of Mission Indians from 
suit without the express consent of the Soboba General 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. License Required. No sales of alcoholic beverages shall 
be made on or within public places within the exterior boundaries of 
the Soboba 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, debit credit cards or 
credit cards issued by any financial institution.
    Section 3. Sale for Personal Consumption. Except for sales by 
businesses owned by the Soboba Band of Mission Indians, all sales shall 
be for the personal use and consumption of the purchaser or members of 
the purchaser's household, including guests, who are over the age of 
twenty-one (21). 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 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 five hundred 
dollars ($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 Soboba 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 Soboba Indian Reservation if s/he 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 Soboba 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 such issuance is in the best 
interest of the Soboba Band of Mission Indians, the residents of the 
Soboba 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 not to exceed two (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 Soboba Band of Mission Indians.
    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

[[Page 18651]]

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 one percent (1%) 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 to the Soboba Indian Reservation shall be paid 
over to the General Treasury of the Soboba Band of Mission Indians and 
be subject to the distribution by the Soboba General 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 eighteen percent (18%) 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 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 Soboba Band of Mission Indians for their personal or other non-
commercial use, and the possession, transportation, sale, consumption 
or other disposition of liquor outside public places on the Soboba 
Indian Reservation shall be governed solely by the laws of the State of 
California.
    Section 3. Any person within the boundaries of the Soboba 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 twenty-one (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 twenty-one (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 Soboba Band of Mission Indians the amount of 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.
    Section 8. Whenever it reasonably appears to a licensed purveyor of 
liquor that a person seeking to purchase liquor is under the age of 
twenty-seven (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) Drivers license of any state or identification card issued by 
any state Department of Motor Vehicles;
    (2) United States Active Duty Military identification documents;
    (3) Passport; or
    (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 Tribal Chairperson, upon authorization by a majority 
of the Tribal Council or, if he/she fails to do so, a majority of the 
Tribal 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 Soboba Band of Mission Indians to abate 
and perpetually enjoin any nuisance declared under this title. 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 
(1) 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 Soboba Band of Mission Indians 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 or of any other 
applicable tribal law, and that s/he 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 should be 
violated, the whole amount may be recovered for the use of the Soboba 
Band of Mission Indians.
    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

[[Page 18652]]

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 
Soboba 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 Soboba Band of Mission Indians and expended by the Tribal 
Council for governmental services and programs on the Soboba 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 Soboba Band of 
Mission Indians 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 majority vote of the Soboba 
General Council attending a duly noticed meeting at which a quorum is 
present.

[FR Doc. 01-8749 Filed 4-9-01; 8:45 am]
BILLING CODE 4310-02-P