[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Notices]
[Pages 17713-17714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8818]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Cher-Ae Heights Indian Community of the Trinidad Rancheria Liquor 
Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Cher-Ae Heights Indian Community of 
the Trinidad Rancheria Liquor Control Ordinance. The Ordinance 
regulates the control, possession and sale of liquor on the Trinidad 
Rancheria trust lands, in conformity with the laws of the State of 
California, where applicable and necessary. Although the Ordinance was 
adopted on March 24, 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 Ordinance is effective on April 11, 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 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 Cher-Ae Heights Indian Community of 
the Trinidad Rancheria Liquor Control of the Trinidad Rancheria 
Community Council, governing body of the Trinidad Rancheria, on March 
24, 2001. The Cher-Ae Heights Indian Community of the Trinidad 
Rancheria, in furtherance of its economic and social goals, has taken 
positive steps to regulate retail sales of alcohol and use revenue to 
combat alcohol abuse and its debilitating effects among individuals and 
family members within the Trinidad Rancheria.
    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 8.1.
    I certify that by Resolution No. G-007, the Cher-Ae Heights Indian 
Community of the Trinidad Rancheria Liquor Control Ordinance was duly 
adopted by the Cher-Ae Heights Indian Community of the Trinidad 
Rancheria Community Council, governing body of the Trinidad Rancheria, 
on March 24, 2001.

    Dated: April 1, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
    The Cher-Ae Heights Indian Community of the Trinidad Rancheria 
Liquor Control Ordinance, Resolution No. G-007, reads as follows:

Cher-Ae Heights Indian Community of the Trinidad Rancheria 
Community Council Ordinance No. G-007

I. Sale and Consumption of Alcoholic Beverages

    The Community Council of the Cher-Ae Heights Indian Community of 
the Trinidad Rancheria (hereinafter Council), governing body of the 
Trinidad Rancheria (hereinafter Tribe), hereby enacts this Ordinance to 
govern the sale and consumption of alcoholic beverages on Rancheria 
lands.

II. Preamble

    1. Title 18, United States Code, Section 1161, provides Indian 
tribes with authority to enact ordinances governing the consumption and 
sale of alcoholic beverages on their Reservations, provided such 
ordinance is certified by the Secretary of the Interior, published in 
the Federal Register and such activities are in conformity with state 
law.

[[Page 17714]]

    2. Pursuant to Article 3 of the Articles of Association, the 
Community Council is the governing body of the Tribe with the power to 
enact ordinances to promote the general welfare and economic 
advancement of the Tribe and its members.
    3. The Tribe is the owner and operator of a gaming facility located 
on the Rancheria known as the Cher-Ae Heights Bingo & Casino 
(hereinafter Facility), at which Class II and Class III Gaming is 
conducted pursuant to the Tribe's Gaming Ordinance and a Compact 
executed with the State of California on September 10, 1999, ratified 
by the California Legislature, approved by the Secretary of the 
Interior on May 5, 2000, and published in the Federal Register on May 
16, 2000.
    4. The Facility, located on trust land, is an integral and 
indispensable part of the Tribe's economy, providing income to the 
Tribe and training and employment to its members.
    5. The Facility includes a restaurant and lounge area separate from 
the area in which Class III Gaming activity is conducted and at which 
food and beverages are provided to patrons (hereinafter referred to as 
Premises).
    6. The Community Council has determined that it is now in its best 
interest to offer for sale and consumption in this specified Premises 
only alcoholic beverages.
    7. It is the purpose of this Ordinance to set out the terms and 
conditions under which the sale of said alcoholic beverages may take 
place.

III. General Terms

    1. The sale of alcohol within the Premises, for on-Premises 
consumption only, is hereby authorized.
    2. No alcoholic beverages may be sold at any location on the 
Rancheria other than within the Premises. For the purpose of this 
section, the term Premises shall include only area within the perimeter 
of the restaurant and lounge, which shall be separate from any Class 
III gaming activity.
    3. The sale of said alcoholic beverages authorized by this 
Ordinance shall be in conformity with all applicable laws of the State 
of California and applicable federal laws, and the sale of said 
beverages shall be subject to state sales tax, federal excise tax and 
any fees required by the Federal Bureau of Alcohol, Tobacco & Firearms. 
This includes but is not limited to the following examples:
    a. No person under the age of 21 years shall consume, acquire or 
have in his or her possession at the Premises any alcoholic beverage.
    b. No person shall sell alcohol to any person under the age of 21 
at the Premises.
    c. No person shall sell alcohol to a person apparently under the 
influence of liquor at the Premises.
    4. Where there may be a question of a person's right to purchase 
liquor by reason of his or her age, such person shall be required to 
present any one of the following types of identification which shows 
his or her correct age and bears his or her signature and photograph: 
(1) Driver's license or identification card issued by any state 
Department of Motor Vehicles; (2) United States Active Duty Military 
card; (3) passport.
    5. All liquor sales within the Premises 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.

IV. Posting

    This Ordinance shall be conspicuously posted within the Premises at 
all times it is open to the public.

V. Enforcement

    1. The Gaming Commission may enforce this Ordinance by 
implementation of monetary fines not to exceed $500 and/or withdrawal 
of authorization to sell alcohol at the Premises. Prior to any 
enforcement action, Gaming Commission shall provide the alleged 
offender of this ordinance with at least three (3) days notice of an 
opportunity to be heard during a specially called meeting. The decision 
of the Gaming Commission shall be final.
    2. This Ordinance also may be enforced by the Humboldt County 
Sheriff's Office at the request of the Gaming Commission.

VI. 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.

VII. Amendment

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

VIII. Sovereign Immunity

    Nothing in this ordinance in any way limits, alters, restricts or 
waives the Tribe's sovereign immunity from unconsented suit or action.

IX. Effective Date

    This Ordinance shall become effective following its certification 
by the Secretary of the Interior and its publication in the Federal 
Register.

[FR Doc. 02-8818 Filed 4-10-02; 8:45 am]
BILLING CODE 4310-4J-P