[Federal Register Volume 66, Number 150 (Friday, August 3, 2001)]
[Notices]
[Pages 40714-40716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19404]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Tuolumne Rancheria Alcoholic Beverage Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Tuolumne Rancheria Alcoholic 
Beverage Control Ordinance. The Ordinance regulates the control, 
possession, and sale of liquor on the Tuolumne Rancheria trust lands, 
in conformity with the laws of the State of California, where 
applicable and necessary. Although the Ordinance was adopted on 
November 2, 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 August 3, 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 Tuolumne Rancheria Alcoholic 
Beverage Control Ordinance, No. 00-02, was duly adopted by the Tuolomne 
Rancheria Tribal Council on November 2, 2000. The Tuolomne 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 Tuolumne 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 8.1.
    I certify that Ordinance No. 00-02, the Tuolumne Rancheria 
Alcoholic Beverage Control Ordinance, was duly adopted by the Tuolumne 
Rancheria Tribal Council on November 2, 2000.

    Dated: July 10, 2001.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
    The Tuolumne Rancheria Alcoholic Beverage Control Ordinance, No. 
00-02, reads as follows:

Alcoholic Beverage Control Ordinance

Article I--Findings and Policy.
    The Tribe finds that:
    1. Under the inherent sovereignty of the Tribe, this Ordinance 
shall be deemed an exercise of the Tribe's power for the protection of 
the welfare, health, peace, morals and safety of the members of the 
Tribe.
    2. The introduction, possession, and sale of alcoholic beverages on 
the Tribe's lands are matters of special concern to the Tribe.
    3. The Tribe's policy is to assure that any possession, 
importation, sale, or consumption of an alcoholic beverage within the 
Tribe's jurisdiction, shall occur under the regulation and control of 
the Tribe as set forth in this Ordinance.
    4. This Ordinance shall be construed to comply with federal and 
tribal laws and with applicable state laws.

Article II--Definitions.

    The stated terms are defined as follows unless a different meaning 
is expressly provided or the context clearly indicates otherwise:
    1. Alcoholic Beverage. Alcoholic Beverage shall include alcohol, 
spirits, liquor, wine, beer, and every 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 either alone or when diluted, mixed, or combined with other 
substances. mean any intoxicating liquor, beer or any wine, as defined 
under the provisions of this Ordinance or other applicable law. It 
shall be interchangeable in this Ordinance with the term liquor.
    2. Applicable Law. Applicable Law or laws include federal law, 
tribal law, and laws of the State of California regarding the 
possession, sale, use, distribution and control of alcoholic beverages.
    3. Community Council. Community Council shall mean the Community 
Council of the Tuolumne Band of Me-Wuk Indians of the Tuolumne 
Rancheria of California, which includes all eligible voters and is its 
governing body.
    4. Legal Age. Legal Age shall mean the same as the age requirements 
of the State of California, which is currently 21 years. If the 
drinking age for the State of California is repealed or amended to 
raise or lower the legal age for drinking within California, the 
Community Council is authorized to amend this Article to match the age 
limit imposed by applicable state law.
    5. Person. Person shall mean any individual, firm, partnership, 
joint venture, association, corporation, trust, or any other group of 
combination acting as a unit.
    6. Sale. Sale shall mean the exchange of property and/or any 
transfer of ownership of, title to, or possession of property for a 
valuable consideration, exchange or barter, in any manner or by any 
means whatsoever. Sale includes optional sales contracts, leases with 
options to purchase and other contracts under which possession of 
property is given to purchaser, buyer, or consumer but title is 
retained as security for the payment of the purchase price, and 
includes any transaction whereby, or any consideration, title to 
alcoholic beverages is transferred from one person to another.

Article III--General Prohibition.

    It shall be a violation of tribal law for any person on those lands 
under the jurisdiction and control of the Tribe to manufacture for 
sale, to sell, offer or keep for sale, possess, transport, or conduct 
any transaction involving any alcoholic beverage except in compliance 
with the terms, conditions, limitations,

[[Page 40715]]

and restrictions specified in this Ordinance.

Article IV--Powers of Enforcement.
    The Tribe, through the Community Council or its duly authorized 
representatives, in respect to the enforcement of this Ordinance, shall 
have the power and duty to:
    1. Develop, approve, publish, enforce and interpret such rules and 
regulations as may be necessary for enforcement of this Ordinance 
regarding the sale, manufacture, and distribution of alcoholic 
beverages on all lands over which the Tribe has jurisdiction;
    2. Employ managers, accountants, security personnel, attorneys, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Community Council to perform its functions;
    3. Issue licenses permitting the sale or manufacture or 
distribution of alcohol on the lands over which the Tribe has 
jurisdiction;
    4. Hold hearings on violations of this Ordinance, as well as 
hearings for the issuance, denial, suspension, or revocation of 
licenses hereunder. Notice and the opportunity to be heard will be 
provided by the Tribe in such cases;
    5. Bring suit in the appropriate court of competent jurisdiction to 
enforce this Ordinance as necessary;
    6. Establish, determine, and levy fines and seek damages for 
violation of this Ordinance;
    7. Collect taxes and fees levied or set by the Community Council 
and to keep records, books, and accounts; and
    8. Confiscate liquor sold, possessed or introduced in violation of 
this Ordinance and to sell or otherwise dispose of such confiscated 
liquor for the benefit of the Tribe.

Article V--Right to Inspect and Search.

    The premises on which alcoholic beverages are sold or distributed 
shall be open for inspection by the Tribe, through the Community 
Council or its duly authorized representatives, at all reasonable times 
for the purpose of ascertaining compliance with the provisions and 
requirements of this Ordinance. Where warranted, the Tribe shall 
conduct reasonable searches and may seize goods.

Article VI--Sales and Possession of Alcohol.

    The sale and possession of alcohol on tribal lands shall be 
governed by the following:
    1. The possession or introduction of alcoholic beverages within the 
exterior boundaries of the Tribe's Rancheria or on other Indian Lands 
of the Tribe shall be lawful if such possession or introduction is in 
conformity with Applicable Laws.
    2. The sale of alcoholic beverages by business entities owned by 
and subject to the control of the Tribe shall be lawful; provided that 
such sales are in conformity with Applicable Laws.
    3. The Tribe is authorized to sell alcoholic beverages by the drink 
at special events if such sale is authorized by the Tribe, provided 
that such sales are in conformity with Applicable Laws.
    4. The sale of alcoholic beverages shall be for the personal use 
and consumption of the purchaser, and the resale of alcoholic beverages 
is prohibited unless such person or entity is licensed to do so 
pursuant to this Ordinance and such resale is authorized under tribal 
and other Applicable Laws.

Article VII--Licensing and Enforcement.

    No tribal license shall issue under this Ordinance except upon a 
sworn application filed with the Tribe containing full and complete 
information including but not limited to the following:
    1. A completed application form containing the name and address of 
the applicant, and including all principal officers, directors, and 
stockholders holding a 10% or greater interest in the corporation, and 
each partner in a partnership.
    2. Information regarding other licenses applied for or held, a 
statement that applicant has not been convicted of a felony or violated 
applicable alcoholic beverage laws, and the notarized signature of 
applicant. The Tribe may request other information, including 
fingerprints, as part of the licensing process, and a licensing and 
investigation fee.
    3. All applicants must provide specific information regarding the 
location(s) where applicant proposes to do business, as well as the 
type of liquor transaction for which application is made (for example, 
a retail license authorizing applicant to sell alcoholic beverages at 
retail to be consumed off the premises; or a retail license authorizing 
the applicant to sell only beer and wine at retail to be consumed only 
on the premises).
    4. Any license granted must be renewed at least every two years, 
and can be transferred only with the written consent of the Tribe.
    5. The Tribe may revoke, suspend, or deny a license at any time, 
based on violation, misrepresentation, failure to renew in a timely 
manner, failure to provide information requested by the Tribe, and 
other good cause shown. Applicants or licensees whose licenses are 
denied, suspended, or revoked may request a hearing before the Tribe.
    6. Any person determined by the Tribe to be in violation of the 
Ordinance shall be subject to civil fines and penalties, based on a 
schedule of fines applicable to such violations. Penalties may include 
the imposition of criminal sanctions and penalties, as warranted, 
consistent with all applicable law.
    7. In investigating applicants, the Tribe shall consider whether 
the applicant is in compliance with all Applicable Laws, and whether 
such licensing will serve the best interests of the Tribe. All 
applicants must prove their suitability to obtain a tribal license and 
to qualify for a state liquor license.
    8. Applicant has the burden of providing satisfactory proof that 
applicant is of good character, has a good reputation in the tribal and 
local community, and that applicant is financially responsible and 
meets all other licensing standards established by the Tribe.
    9. The Tribe is authorized hereunder to promulgate regulations and 
procedures consistent with the licensing requirements established in 
this Ordinance.

Article VIII--Licensing Hearings.

    All applications for a tribal liquor license shall be reviewed and 
considered by the Tribe, and the Tribe may convene a hearing to take 
evidence regarding the application. The Community Council shall 
determine whether to grant or deny the application based on the 
following criteria:
    1. Whether all suitability requirements have been met;
    2. Whether all requirements of this Ordinance have been addressed; 
and
    3. Whether the Community Council, in its discretion, determines 
that granting the license is in the best interests of the Tribe.
    In the event an applicant is a member of the Community Council, the 
member shall not vote on the application or participate in the hearings 
as a Community Council member.

Article IX--Conditions of the Tribal License.

    Any tribal license issued under this title shall be subject to such 
conditions as the Community Council shall establish, including but not 
limited to the following:
    1. The license shall be for a term not to exceed 2 years.
    2. The licensee shall at all times maintain an orderly, clean 
establishment, both inside and outside the licensed premises.
    3. The licensed premises shall be subject to patrol and inspection 
by duly authorized tribal enforcement or other tribal officials or 
their designee, and by

[[Page 40716]]

such other law enforcement officials as may be authorized by law at all 
times during regular business hours, and after hours as deemed 
necessary and prudent by such officials.
    4. No alcoholic 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 Community Council and by the 
laws of the State of California to the extent applicable.
    5. 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.

Article X--Tribally-Owned Establishments

    The Tribe's Community Council may issue, by resolution, an 
appropriate license to a tribally-owned establishment upon such 
determination as is necessary to assure compliance with applicable 
laws.

Article XI--Sovereign Immunity.

    Nothing contained in this Ordinance is intended to, nor does it in 
any way limit, alter, restrict, or waive the sovereign immunity of the 
Tribe or any of its agencies from unconsented suit or other such action 
of any kind.

Article XII--Severability, Prior Enactments, Amendment, Compliance with 
Law, & Effective Date.

    1. If any provision or application of this ordinance is determined 
by an agency or court of competent jurisdiction to be invalid or 
unenforceable, the remaining portions of this Ordinance shall remain 
and be unaffected thereby.
    2. All prior tribal laws, ordinances, or resolutions which are or 
may be determined to be inconsistent with the provisions of this 
Ordinance are hereby repealed to the extent inconsistent with this 
Ordinance.
    3. This Ordinance may be amended by majority vote of the Community 
Council at any time at a duly noticed meeting. Any such amendment shall 
become effective upon publication by the Secretary of the Interior in 
the Federal Register, unless applicable law does not require such 
publication for the amendment to become effective.
    4. All provisions of this Ordinance shall comply with 18 U.S.C. 
1161.
    5. 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. 01-19404 Filed 8-2-01; 8:45 am]
BILLING CODE 4310-02-P