[Federal Register Volume 67, Number 58 (Tuesday, March 26, 2002)]
[Notices]
[Pages 13793-13796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7238]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Spokane Tribe of Indians Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Spokane Tribal Liquor Code. The Code 
regulates the control, possession, and sale of liquor on the Spokane 
Tribe of Indians trust lands, in conformity with the laws of the State 
of Washington, where applicable and necessary. Although the Code was 
adopted on January 3, 2001, 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 Code is effective on March 26, 2002.

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 the adopted liquor ordinances for the purpose of regulating liquor 
transaction in Indian country. The Spokane Tribal Liquor Code, 
Resolution No. 2001-098, was duly adopted by the Spokane Tribal 
Business Council on January 3, 2001. The Spokane Tribe of 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 effect among individuals and family members 
within the Spokane Tribe.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 Departmental Manual 9.
    I certify that by Resolution No. 2001-098, the Spokane Tribal 
Liquor Code, was duly adopted by the Spokane Tribal Business Council on 
January 3, 2001.


[[Page 13794]]


    Dated: March 11, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
    The Spokane Tribal Liquor Code, Resolution No. 2001-098, reads as 
follows:

CHAPTER 24--LIQUOR CODE

Section 24-1. Purpose

    The Spokane Tribe possesses the sovereignty to decide whether to 
allow liquor transactions on its Reservation. If the Spokane Tribe 
allows liquor transactions, it also possesses the sovereignty to 
regulate those transactions. By the enactment of this Code, the Spokane 
Tribe is permitting liquor transactions that are in conformity with 
this Code and 18 U.S.C. 1161. The Spokane Tribe also intends this Code 
to regulate and control the sale, distribution and possession of 
liquor. This code is adopted pursuant to Article VIII of the 
Constitution of the Spokane Tribe of Indians.

Section 24-2. Title and Jurisdiction

    24-2.01. Title. This Chapter shall be known as the Spokane Tribal 
Liquor Code.
    24-2.02. Jurisdiction. The Spokane Tribe of Indians enacts this 
Code to apply to all lands under its jurisdiction, namely all lands and 
water areas within the exterior boundaries of the Spokane Reservation, 
any extensions of the Reservation, and all Spokane Tribal and allotted 
Indian lands outside the exterior boundaries of the Spokane Indian 
Reservation, as well as those lands that fulfill the definition of 
Indian Country as defined in 18 U.S.C. 1151 and 1154.

Section 24-3. Definitions.

    24-3.01. Definitions. For the purposes of this Chapter, unless 
otherwise required by the context, the following words and phrases 
shall have the designated meanings:
    (1) Alcohol. 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 and mixtures of this 
substance. This term does not include alcohol which is intended to be 
or has been denatured and used as a fuel for use in motor vehicles, 
farm implements and machines or implements of husbandry.
    (2) Beer. 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 4% of alcohol by weight, and not less than one-half of 1% 
of alcohol volume. For purposes of this Chapter any such beverage, 
including ale, stout and porter containing more than 4% of alcohol by 
weight shall be regulated the same as beer.
    (3) Business Council. The Spokane Tribal Business Council.
    (4) Commercial Sale. The transfer, exchange or barter, in any 
manner or by any means whatsoever for a consideration, by any person, 
association, partnership, or corporation of liquor and beer products.
    (5) Licensed Operator. That person licensed by the Spokane Liquor 
Commission to operate a liquor outlet.
    (6) Liquor. Includes 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, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every liquid or solid or semi-solid or 
other substance, patented or not, containing alcohol, spirits, wine and 
beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semi-solid, or 
other substance, which contains more than 1% of alcohol by weight shall 
be conclusively deemed to be intoxicating.
    (7) Liquor Outlet. A tribally licensed retail sales business 
selling liquor products by the package or the drink on the lands under 
the jurisdiction of the Tribe and this Code.
    (8) Package. Any container or receptacle used for holding liquor.
    (9) Public Place. Includes streets and alleys of towns; highways or 
roads; buildings and grounds used for school purposes; public halls and 
grounds adjacent thereto; those parts of establishments where beer or 
liquor may be sold under this title, soft drink establishments, public 
buildings, public meeting halls, lobbies, halls of tribal buildings, 
restaurants, theaters, stores, garages and filling stations which are 
open to and are generally used by the public and to which the public is 
permitted to have unrestricted access; publicly owned parks and/or 
playgrounds; tribal fairgrounds, 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.
    (10) Regulations. Those rules and policy regulations made by the 
Spokane Liquor Commission.
    (11) Spirits. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding 24% of alcohol by volume.
    (12) Spokane Liquor Commission. The Board that shall administer 
this Chapter and is empowered as set out in Section 24-4 of this 
Chapter.
    (13) Tribe. The Spokane Tribe of Indians.
    (14) Wine. Any alcoholic beverage obtained by fermentation of 
fruits (grapes, berries, apples, et. cetera) 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 twenty-four percent of alcohol by volume, including sweet 
wines fortified with wine spirits, such as port, sherry, muscatel and 
angelica, not exceeding twenty-four percent of alcohol by volume.

Section 24-4. Membership and Powers of the Spokane Liquor Commission

    24-4.01. Membership. The Spokane tribal Business Council shall be 
the Spokane Liquor Commission. The Council may, if it so wishes, 
appoint others as a Commission to serve in its stead. That Commission 
shall be composed of no less than five and no more than seven members.
    24-4.02. General Powers. The Commission is empowered to:
    (1) Administer this Code by exercising general control, management, 
and supervision of all liquor sales, places of sale and sales outlets 
as well as exercising all powers necessary to accomplish the purposes 
of this Code;
    (2) Adopt and enforce rules and regulations in furtherance of the 
purposes of this Code and in the performance of its administrative 
functions;
    (3) License each liquor outlet within the jurisdiction of the 
Spokane Tribe of Indians;
    (4) Examine the records of each liquor outlet at a time and place 
convenient to both the licensed operator and the Commission;
    (5) Revoke any license issued to a liquor outlet at its informed 
discretion;
    (6) Inspect the physical premises of each liquor outlet;
    (7) Designate any area, upon application of the owner, where public 
consumption of liquor may occur;

Section 24-5. Licensing of Liquor Outlet

    24-5.01. License Required. Each liquor outlet is required to 
possess a license granted by the Commission.

Section 24-6. Application for Liquor Outlet License

    24-6.01. Application. Applications for a liquor outlet license may 
be obtained

[[Page 13795]]

at the Tribal Office. Completed applications shall be submitted to the 
Liquor Commission. Members of the Spokane Tribe of Indians shall have 
preference over other applicants for licenses.
    24-6.02. Application Fee. Each application shall be accompanied by 
an application charge or fee of $100.00, which shall be non-refundable, 
even if the applicant is not granted a license. The application fee for 
special use liquor license to be issued under 24-6.04 shall be $15.00.
    24-6.03. Grant of License. The Commission shall review the 
application and may, if it deems necessary, request additional 
information and documentation from the applicant. If the Commission is 
satisfied that the applicant is a suitable and reputable person, the 
Commission may issue a license for the sale of liquor products. The 
Commission shall state on the license whether the license is for the 
sale of liquor by the drink, by the package, or both. A license shall 
only entitle the operator to one outlet. A license may be granted for 
the sale of only beer or wine by the drink.
    24-6.04. License Renewal. A license shall be issued for the period 
of two years. This license shall be non-transferrable. The license 
shall be renewable every two years at the discretion of the Commission, 
with the operator filing a new application and paying the filing fee. 
The Commission may also issue a special use liquor permit to persons 
paying the necessary application fee under 24-6.02 for a maximum period 
of three (3) days as long as the liquor to be sold or distributed is in 
conjunction with regularly scheduled community or social events.
    24-6.05. Limitation on Licenses. The Commission shall carefully 
limit the number of licenses and limit the location of the licenses to 
protect the health, safety and welfare of the people. The number and 
location of the licenses is within the sole discretion of the 
Commission.
    24-6.06. Designation of Public Use Area. An applicant may apply for 
a designation as a public use area. The applicant shall be responsible 
for obtaining a liquor license and shall so indicate in its application 
that the application is for the purpose of consumption of liquor on the 
premises. All provisions of this Chapter shall apply to any area so 
designated unless specifically excluded.

Section 24-7. Restrictions on Liquor Outlets

    24-7.01. Sales to Minors. No licensed operator shall give, sell or 
otherwise supply liquor to any person under 21 years of age, either for 
his or her own use or for the use of his or her parents or for the use 
of any other person.
    24-7.02. Consumption of Liquor Upon Licensed Premises Prohibited. 
No licensed operator shall permit any person to open or consume liquor 
on his or her premises or any premises adjacent thereto and in his or 
her control, unless the operator has a license to sell liquor by the 
drink or has otherwise been designated under this chapter as a location 
where public consumption of liquor may occur.

24-7.03. Conduct on Licensed Premises

    (1) No Tribal operator shall be disorderly, boisterous or 
intoxicated on the licensed premises or on any public premises adjacent 
thereto which are under his or her control, nor shall he or she permit 
any disorderly, boisterous or intoxicated person to be thereon; nor 
shall he or she use or allow the use of profane or vulgar language 
thereon.
    (2) No operator or employee shall consume liquor, beer or wine 
while working on the licensed premises.
    (3) No operator shall permit suggestive, lewd or obscene conduct or 
acts on his or her premises.
    24-7.04. Employment of Minors. No person under the age of 21 years 
shall be employed in any service in connection with the sale or 
handling of liquor, either on a paid or voluntary basis, except as 
otherwise provided herein. Employees 18 years or older may sell and 
handle beer or wine not to be consumed on the premises provided that 
there is direct supervision by an adult 21 years of age or older.
    24-7.05. Display of License. Any Tribal operator issued a license 
shall frame under glass and display the license on the premises.
    24-7.06. Operator's Premises Open to Commission Inspection. The 
premises of all Tribal operators, including vehicles used in connection 
with liquor sales, shall be open at all times to inspection by the 
Commission.
    24-7.07. Hours of Operation. All liquor outlets, with the exception 
of grocery stores or convenience stores selling only beer or wine, 
shall close by 3:00 a.m. and not reopen before 6:00 a.m.
    24-7.08. Records Confidential. All records of the Commission shall 
be confidential.

Section 24-8. Sovereign Immunity Preserved

    24-8.01. No Waiver of Sovereign Immunity. Nothing in this Chapter 
is intended or shall be construed as a waiver of the sovereign immunity 
of the Spokane Tribe of Indians or its officials. No official, agent or 
employee of the tribe is authorized, nor shall he or she attempt, to 
waive the immunity of the Tribe or its officials.

Section 24-9. Tribal Liability and Credit

    24-9.01. No Liability by Tribe. An operator is forbidden to 
represent or give the impression to any supplier or any other person 
with whom he or she does business that he or she is an official 
representative of the Tribe or Commission authorized to pledge Tribal 
credit or financial responsibility for any of the expenses of his or 
her business operation. The operator shall hold the Spokane Indian 
Tribe and the Spokane Liquor Commission harmless from all claims of 
liability of whatever nature.

Section 24-10. Insurance

    24-10.01. Insurance. The operator shall maintain at his or her 
expense adequate insurance covering liability, fire, theft, vandalism 
and other insurable risks. The Commission or the Tribal Business 
Committee may establish as a condition of any license higher limits and 
any additional coverage it deems advisable.

Section 24-11. Revocation of Operator's License

    24-11.01. Grounds for Revocation. Failure of an operator to abide 
by the provisions of this Chapter and any additional regulations or 
requirements imposed by the Spokane Liquor Commission will constitute 
grounds for revocation of the operator's license.
    24-11.02. Notice of Revocation. If by a majority vote of the 
members of the Spokane Liquor Commission, it is decided that grounds 
exist for the revocation of a license of any operator, notice shall be 
given to the operator of a hearing at which the grounds and evidence of 
such a revocation shall be presented by the Commission, and an 
opportunity shall be presented to the operator to answer any charges, 
produce evidence, and make argument on his or her behalf. Such hearing 
shall be held within ten days of such notice, but may be continued to a 
later date if both the Commission and the operator consent.
    24-11.03. Request for a Rehearing. If after notice and hearing, the 
Commission revokes an operator's license, the operator may within ten 
days after such revocation, petition the Commission for a rehearing. 
The

[[Page 13796]]

petition shall state the basis for a rehearing, including all newly 
discovered evidence or information not before the Commission at the 
first hearing. The Commission shall grant or deny the request for a 
rehearing within twenty days of the receipt of the petition.
    24-11.04. Judicial Review of Revocation. An operator whose license 
was revoked may petition the Spokane Tribal Court for review of the 
decision within twenty days of the written decision of the Commission. 
The appeal shall be on the record and shall not be heard de novo. If 
the Court finds that the order of the Spokane Liquor Commission was 
arbitrary and capricious, clearly erroneous, in violation of the 
Constitution of the Spokane Tribe of Indians, in violation of the 
Constitutional rights of Indians as set forth in 25 U.S.C. 1301-1303, 
made upon unlawful procedures or some other error of law, the Court 
shall vacate the order of the Commission and remand to the Commission 
for the re-issuance of a license.
    24-11.05. Scope of Review Limited to Issue of Revocation. By 
authorizing such a review of its decision, the Spokane Tribe is not 
waiving its sovereign immunity explicitly or implicitly, but providing 
operators with a judicial review of its decisions. Thus suits against 
the Spokane tribe of Indians or its officials for damages or any other 
relief are not authorized by this Chapter.
    24-11.06. Judicial Review Not Granted to Those Denied a License 
Upon Application. An application for a liquor license is a privilege 
and not a right. Thus a simple denial of an application for a license 
is not entitled to judicial review in the Spokane Tribal Court.
    24-11.07. Emergency Powers. If for an extremely serious reason, 
such as the keeping of the peace or the health and welfare of the 
people, the Commission finds it necessary to close the premises of a 
liquor outlet, it may do so provided that a hearing is provided to the 
licensed operator within three days (excluding weekends and holidays) 
of the closing of the liquor outlet.

Section 24-12. Violations

    24-12.01. Any person(s) who shall violate any provision of this 
Chapter shall be subject to one or all of the following civil remedies:
    (1) A civil penalty of up to $500.00 per occurrence per day and 
confiscation of all proceeds of such activities.
    (2) A civil injunction against continued violations of this 
Chapter.
    (3) Exclusion from the Spokane Reservation in conformity with 
Chapter 21 of the Spokane Tribal Code.
    (4) If licensed operators, the revocation of the liquor outlet 
license.

Section 24-13. Severability

    24-13.01. Severability. If any provision of this Chapter or its 
application to any person or circumstance is held invalid, the 
remainder of the Chapter or the application of the provision to other 
persons or circumstances is not affected.

Section 24-14. Previous Liquor Codes and Ordinances Abrogated

    24-14.01. Previous Code Provisions Abrogated. It is the intent of 
the Spokane Indian Tribe and of the Spokane Business Committee that 
this liquor code cited above totally supersedes and stands in the place 
of any previously existing codes and ordinances relating to liquor.

[FR Doc. 02-7238 Filed 3-25-02; 8:45 am]
BILLING CODE 4310-4J-P