[Federal Register Volume 67, Number 183 (Friday, September 20, 2002)]
[Notices]
[Pages 59307-59311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23856]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Picayune Rancheria of Chukchansi Indians Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Picayune Rancheria of Chukchansi 
Indians Liquor Control Ordinance. The Ordinance regulates the control, 
possession, and sale of liquor on the Picayune Rancheria trust lands to 
be in conformity with the laws of the State of California where 
applicable and necessary. Although the Ordinance was adopted on 
December 27, 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 September 20, 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 adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Picayune Rancheria Liquor Control 
Ordinance, Resolution No. 2001-38, was duly adopted by the Tribal 
Council of the Picayune Rancheria on December 27, 2001. The Picayune 
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 Picayune 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 2001-38, the Picayune Rancheria Liquor 
Control Ordinance was duly adopted by the Picayune Rancheria Tribal 
Council on December 27, 2001.

    Dated: September 9, 2002.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.

    The Picayune Rancheria Liquor Control Ordinance, Resolution No. 
2001-38, reads as follows:

Picayune Rancheria of Chukchansi Indians Liquor Control Ordinance

Article I--Declaration of Public Policy and Purpose

    Section 1.1. The importation, distribution, possession, 
consumption and sale of liquor within the exterior boundaries of the 
Picayune Rancheria is a matter of special concern to the members of 
the Picayune Rancheria of Chukchansi Indians (the Tribe).
    Section 1.2. Federal law, as codified at 18 U.S.C. 1154, 1161, 
currently prohibits the introduction of liquor into Indian country, 
except in accordance with State law and the duly enacted law of the 
Tribe. By adoption of this Ordinance, it is the intention of the 
Tribal Council to establish tribal law regulating the sale, 
distribution and consumption of liquor on tribal lands and to ensure 
that such activity conforms with all applicable provisions of the 
laws of the State of California.
    Section 1.3. The Tribal Council, as the governing body of the 
Tribe pursuant to its Constitution, has power to: (i) Promulgate and 
enforce ordinances governing the conduct of members of the Tribe and 
non-members within the Tribe's jurisdiction; (ii) regulate the 
conduct of business activities within the exterior boundaries of the 
Rancheria; and (iii) safeguard the peace, safety, morals and general 
welfare of the Tribe. Accordingly, the Tribal Council has determined 
that it is in the best interest of the Tribe to enact a tribal 
ordinance governing the importation, distribution, sale, possession, 
and consumption of liquor within the exterior boundaries of the 
Picayune Rancheria (the Rancheria). By Tribal Council Resolution No. 
2001-38, the Tribal Council has adopted this Ordinance for the 
regulation of the importation, distribution, sale, possession and 
consumption of liquor on the Rancheria.
    Section 1.4. The Tribal Council has determined that only 
licensed Liquor Operators, as defined herein, shall be permitted to 
import, distribute or sell liquor on the Rancheria pursuant to this 
Ordinance, and the purchase, distribution and sale of liquor shall 
take place only at duly licensed tribally-owned enterprises and at 
tribally-sanctioned special events, as operated on tribal lands.
    Section 1.5. The Tribal Council has determined that any 
importation, possession, consumption, sale or other commercial 
distribution of liquor on the Rancheria, other than sales and 
distribution in strict compliance with this Ordinance, is 
detrimental to the health, safety and welfare of the members of the 
Tribe and is therefore prohibited.
    Section 1.6. Based upon the foregoing findings and 
determinations, the Tribal Council hereby enacts this Liquor Control 
Ordinance (the Ordinance) as follows:

Aritcle II--Definitions

    As used in this Ordinance, the following words shall have the 
following meanings, unless the context clearly requires otherwise.
    Section 2.1. Alcohol. That substance known as ethyl alcohol, 
hydrated oxide of ethyl, or spirits 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 2.2. Alcoholic Beverage. Identical in meaning to the 
term Liquor as defined herein.
    Section 2.3. 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 four percent (4%) of 
alcohol by volume. For the purpose of this Ordinance, 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 2.4. Gaming Compact. The federally approved Tribal-State 
Compact, dated September 10, 1999, between the State of California 
and the Tribe.
    Section 2.5. Liquor. 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 contain more than 
one percent (1%) of alcohol by weight, shall be conclusively deemed 
to be intoxicating.
    Section 2.6. Liquor Operator. Any licensed importer, licensed 
wholesaler, or licensed retailer of liquor pursuant to this 
Ordinance.
    Section 2.7. Licensed Importer. A person, duly licensed by the 
Tribal Council and the

[[Page 59308]]

State, who imports liquor onto the Rancheria for ultimate sale on 
the Rancheria.
    Section 2.8. Licensed Retailer. A retail seller of liquor that 
is duly licensed by the Tribal Council and the State.
    Section 2.9. Licensed Wholesaler. A wholesale seller of liquor 
that is duly licensed by the Tribal Council and the State.
    Section 2.10. Malt Liquor. Includes beer, strong beer, ale, 
stout and porter.
    Section 2.11. Management Agreement. The agreement dated October 
15, 1999, and all amendments made thereto, made between the Picayune 
Rancheria of Chukchansi Indians, the Chukchansi Economic Development 
Authority and Cascade Entertainment Group, LLC.
    Section 2.12. Package. Any container or receptacle used for 
holding liquor.
    Section 2.13. Person. Any individual, partnership, corporation 
or other business entity or association.
    Section 2.14. Public Place. Includes gaming facilities and 
commercial or community facilities of every nature which are open to 
and/or 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 within the exterior 
boundaries of the Rancheria of like or similar nature to which the 
general public has unrestricted access and which generally are used 
by the public.
    Section 2.15. Sale and Sell. Any exchange, barter, and traffic, 
including 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 2.16. Special Event. Any social, charitable or for-
profit discreet activity or event conducted by the Tribal Council or 
any tribal enterprise on tribal lands at which liquor is sold or 
proposed to be sold.
    Section 2.17. Special Event Site. The physical location within 
Rancheria boundaries where a Special Event is held or proposed to be 
held.
    Section 2.18. Spirits. Any beverage which contains alcohol 
obtained by distillation, including wines exceeding seventeen 
percent (17%) of alcohol by weight.
    Section 2.19. State Law. The duly enacted applicable laws and 
regulations of the State of California, specifically, Division 9--
Alcoholic Beverages, as set forth at California Business and 
Professions Code Division 9, Sections 23000 through 25762, as 
amended from time to time, and all applicable provisions of the 
Compact.
    Section 2.20. Tribal Council. The duly elected Tribal Council of 
the Tribe in accordance with the Constitution of the Picayune 
Rancheria of Chukchansi Indians.
    Section 2.21. Tribe. The Picayune Rancheria of Chukchansi 
Indians, as governed by its Constitution.
    Section 2.22. Tribal Enterprise. Any business entity, operation 
or enterprise owned, in whole or in part, by the Tribe.
    Section 2.23. Tribal Land. All land within the exterior 
boundaries of the Picayune Rancheria.
    Section 2.24. Wine. 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--Enforcement

    Section 3.1. Tribal Council Powers. The Tribal Council, in 
furtherance of the Ordinance, shall have the power and duty to:
    (a) Publish and enforce such rules and regulations, consistent 
with this Ordinance, governing the possession, distribution, 
purchase, sale and/or consumption of alcoholic beverages in public 
places on the Rancheria as the Tribal Council deems necessary;
    (b) Employ managers, accountants, clerks, security personnel, 
inspectors and such other persons as shall be reasonably necessary 
to allow the Tribal Council to exercise its authority as set forth 
in this Ordinance;
    (c) Issue licenses permitting the importation, possession, sale 
and/or distribution of liquor on the Rancheria;
    (d) Hold hearings on violations of this Ordinance or for the 
issuance, suspension 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) Publish notices and make such reports to the Tribe as may be 
appropriate;
    (h) Collect taxes and fees levied or set by the Tribal Council 
on liquor sales and the issuance of licenses, and keep accurate 
records, books and accounts;
    (i) Take or facilitate all action necessary to follow or 
implement applicable provisions of State law as required;
    (j) Cooperate with appropriate State of California authorities 
for purposes of prosecution of any violation of any criminal law of 
the State of California; and
    (k) Exercise such other powers as may be necessary to carry out 
the purposes of this Ordinance.
    Section 3.2. Limitation on Powers. In the exercise of its powers 
and duties under this Ordinance, the Tribal Council and its 
individual members, employees and agents shall not:
    (a) Accept any gratuity, compensation or other thing of value 
from any Liquor Operator, including a wholesaler, retailer or 
distributor, or from any licensee, unless such gratuity, 
compensation or other thing of value is used directly for marketing 
and/or promotion only;
    (b) Waive the immunity of the Tribe from suit except by express 
resolution of the Tribal Council, such waiver being subject to the 
following limitation: the waiver must be transaction specific, 
limited as to duration and beneficiary, including a provision that 
limits recourse only to specified assets or revenues of the Tribe or 
a tribal entity, and specifies the process and venue for dispute 
resolution, including applicable law; or
    (c) Violate the terms of any contract validly executed by the 
Tribe.
    Section 3.3. Inspection Rights. The public places on or within 
the Rancheria where liquor is sold or distributed shall be open for 
inspection by the Tribal Council or its designees at all reasonable 
times for the purposes of ascertaining compliance with this 
Ordinance and other regulations promulgated pursuant hereto.

Aritcle IV--Liquor Sales

    Section 4.1. Restricted Locations and License Required. No 
possession, distribution or sale of liquor shall occur on or within 
public places within the exterior boundaries of the Rancheria, 
except (i) at a tribal enterprise or an authorized special event, 
located on tribal lands; and (ii) by a duly licensed Liquor 
Operator.
    Section 4.2. Retail Sales for Cash. All retail liquor sales 
within the Rancheria 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 4.3. Wholesale and Import Sales. All purchases and sales 
of liquor by importers and wholesalers of liquor may be by cash or 
credit, in accordance with the normal business practices for such 
industries within the State of California.
    Section 4.4. Sale for Personal Consumption. Except for sales by 
licensed importers and licensed wholesalers, 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) years. 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 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 up to five hundred 
($500.00) dollars, as determined by the Tribal Court after notice 
and an opportunity to be heard.
    Section 4.5. Compliance Required. All possession, distribution, 
sale and consumption of liquor on tribal lands shall be in 
compliance with this Ordinance including all applicable provisions 
of California State law.

Article V--Licensing

    Section 5.1. Licensing Procedures. In order to control the 
proliferation of establishments on tribal lands that sell or provide 
liquor by the bottle or by the drink, all persons or entities that 
desire to import or sell liquor, whether wholesale or retail, within 
the exterior boundaries of the Rancheria, must apply to the Tribal 
Council for a Liquor Operator's license.
    Section 5.2. Required Licenses. A person shall not:
    (a) Import liquor onto tribal lands unless such person becomes a 
licensed importer;
    (b) Engage in business as a wholesale dealer of liquor, beer or 
wine unless such person becomes a licensed wholesaler;
    (c) Engage in the retail sale of liquor, beer or wine unless 
such person becomes a licensed retailer.

[[Page 59309]]

    Section 5.3. State Licensing. No person shall be allowed or 
permitted to distribute, sell or provide liquor on the Rancheria, 
consistent with this Ordinance, unless such person is also licensed 
by the State of California to sell or provide such liquor. If any 
such license from the State is revoked or suspended, any applicable 
tribal license shall automatically be revoked or suspended.
    Section 5.4. Application. Any person or entity applying for a 
license to sell or provide liquor on the Rancheria shall complete 
and submit an application, described below, provided for this 
purpose by the Tribal Council and pay such application fee as may be 
set by the Tribal Council.
    Section 5.5. Application Fee. Any person or entity applying for 
a license under this Ordinance shall pay to the Tribal Council an 
application fee in the amount of One Thousand Four Hundred 
($1,400.00) Dollars, which shall be deposited into the Tribal 
Treasury.
    Section 5.6. Issuance of License. The Tribal Council may issue a 
license if it reasonably believes that such issuance is in the best 
interest of the Tribe and its members. Licensure is a privilege, not 
a right, and the decision to issue any license rests in the sole 
discretion of the Tribal Council, further, the Tribal Council 
acknowledges that there is no tribal legislation prohibiting the 
sale of tobacco and/or alcoholic beverages previously in force, and 
no such legislation will be enacted during the term of the 
Management Agreement.
    Section 5.7. Period of License. Each license may be issued for a 
period not to exceed seven (7) years from the date of issuance.
    Section 5.8. Renewal of License. A licensee may renew a license 
if such licensee has complied in full with this Ordinance and has 
maintained its licensure with the State of California, as required; 
however, the Tribal Council 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 Tribe and the other residents of 
the Rancheria.
    Section 5.9. Suspension or Revocation of License; Notice, 
Hearing, Right to Legal Counsel; Writing. The Tribal Council may 
suspend or revoke a license issued under this Ordinance for 
violation of any of the provisions of the laws of the Tribe 
including this Ordinance, or any conditions of the Liquor Operator's 
license, or for false information provided by the licensee on the 
application for an Operator's license, or on the application for 
renewal of an Operator's License, provided that the Tribal Council 
provide notice and a hearing, at which the licensee shall be given 
an opportunity to have legal counsel, to submit testimony and 
evidence, to cross examine witnesses, and respond to any charges 
against it and, to demonstrate why the license should not be 
suspended or revoked. Any decision to revoke a license under this 
Ordinance shall be in writing, and shall state with specificity the 
reasons and evidence justifying revocation. In the event any Liquor 
Operator's license is suspended or revoked pursuant to this 
Ordinance, all application fees paid by the licensee shall be 
forfeited and shall not be refunded to such licensee.
    Section 5.10. Application for License. An application for any of 
the licenses described in Section 5.2, above, must be made to the 
Tribal Council. Each application must:
    (a) Be made on such form as the Tribal Council prescribes;
    (b) Include the name, address and social security or tax 
identification number of the applicant. If the applicant is: (i) A 
partnership, the application must include the names and addresses of 
all partners; (ii) a corporation, association, limited liability 
company or other organization, the application must include the 
names and addresses of the president, vice president, secretary and 
managing officer or officers;
    (c) Include the following information regarding all persons 
listed in (b) above: (i) Birth certificate or other suitable proof 
of age; (ii) background information of the applicant's business 
history relating to the import, distribution or sale of liquor, 
including a complete and full disclosure of all previously held 
licenses obtained from any jurisdiction relating to transactions of 
liquor; (iii) a copy of all current liquor licenses issued to 
applicant by the State of California; (iv) if the applicant is a 
corporation, limited liability company or other business 
association, proof of good standing from the jurisdiction in which 
the entity is organized; (v) a description of the type of liquor 
business proposed to be conducted on the Rancheria, including the 
scope of such business and liquor activity, the location and such 
other information as the Tribal Council may request; and (vi) 
satisfactory proof that the applicant's past and present record as a 
business person and citizen demonstrates that the applicant is of 
good moral character and reputation, is financially responsible, and 
that the applicant has not been convicted of a felony;
    (d) Specify the location of the premises for which the license 
is sought, which shall be the location of a tribally-owned 
enterprise within the Rancheria, and
    (e) Be accompanied by the annual license fee required for the 
particular license for which application is made.
    Section 5.11. Contents of License. Every license issued under 
this Ordinance shall set forth:
    (a) Name of the person to whom it is issued;
    (b) Location of the premises and the name of the tribal 
enterprise where liquor is proposed to be imported, delivered, and/
or sold;
    (c) Type of license issued; and
    (d) Statement that license is nontransferable, except that upon 
prior written notice and in accordance with regulations of the 
Tribal Council, the location of the premises for which it was issued 
may be changed.
    Section 5.12. Notice of Application for License. Upon submission 
of a sworn application to the Tribal Council for a Liquor Operator's 
license, or renewal of an existing license, the Tribal Council 
Secretary shall review the application for completeness and 
determine whether on the face of the application, the applicant and 
the premises meet the criteria provided by this Ordinance, the 
tribal Gaming Code and tribal law. Upon determination that a 
submitted application or renewal for a Liquor Operator's license is 
complete, and the application or renewal meets the criteria listed 
herein, the Tribal Council Secretary shall post a notice at the 
tribal office for ``Application for Liquor Operator License,'' which 
shall include the applicant's name, and the license applied for by 
the applicant, and the date set for the issuance of such license.
    Section 5.13. Hearing on Application for License. All 
applications for a Liquor Operator's license, or for renewal of an 
existing license, shall be considered by the Tribal Council in open 
public session at which the applicant, the Tribal Council and any 
person supporting or protesting the application, shall have the 
right to attend, to express their views and to offer sworn oral 
testimony and documentary evidence relevant to the application. At 
the discretion of the Tribal Council, the hearing may be scheduled 
for a Tribal Council or General Council meeting with thirty (30) 
days notice. The applicant and any protestant, at each one's own 
expense, shall have the right to be represented by an attorney. The 
proceedings shall be recorded by tape using recording devices that 
permit the tape itself to be reproduced in kind under the control of 
the Tribal Council by commonly available equipment. A copy of the 
tape may be obtained at the request and the expense of any 
participant in the proceedings. A typed transcript of the 
proceedings shall be transcribed by the Tribal Council Secretary, or 
its designated agent, and a copy of such typed transcript may be 
purchased by any participant to the proceedings, at such requesting 
participant's own expense. The original taped recording shall be the 
property of the Tribal Council and shall be the official record of 
such proceedings.
    Section 5.14. Denial of Application for License. If an 
application for a new or renewal of a Liquor Operator's license has 
been denied by the Tribal Council, or if the application for a new 
or renewal for a license is withdrawn by the applicant after a 
hearing has been held in which testimony is received regarding any 
reason for denying the application, the withdrawal shall have the 
same effect as an order denying the application; the Tribal Council 
may not consider an application for a license to sell alcoholic 
beverages, or issue a license to sell alcoholic beverages, for the 
same, or substantially the same, premises for two (2) years. The two 
(2) year prohibition commences with the date of the Tribal Council's 
final decision, or if the decision is judicially reviewed, on the 
date the judicial decision is final, or if the application is 
withdrawn, on the date of withdrawal.
    Section 5.15. Right of Review. Any person aggrieved by a final 
decision of the Tribal Council shall have the right of judicial 
review of the Tribal Council's decision by the Tribal Court, if and 
when established; provided that a party to a validly approved 
contract with the Tribe may seek such remedies identified in such 
contract in addition to or in lieu of the review provided in this 
Ordinance. In the event no Tribal Court has been established, such 
person may request further consideration and review of

[[Page 59310]]

the decision by the Tribal Council, which shall be granted if the 
aggrieved person presents new or additional material information to 
the Tribal Council along with a written request for further 
consideration that outlines the issues to be reconsidered.
    Section 5.16. Special Events License. In accordance with 
procedures and regulations to be issued by the Tribal Council, a 
person may apply for a special license of limited duration known as 
a Special Events License. The Tribal Council, in its discretion, may 
grant to any licensed Liquor Operator, or to any tribal, or 
community organization conducting a tribal or organizational 
activity or to any association or corporation conducting a picnic, 
convention, fair, civic or community enterprise, or sporting event, 
a special license to sell beer and/or wine to the patrons of such 
event or activity to be consumed on the licensed premises and within 
the licensed enclosure or special event site. The special license to 
sell beer and/or wine shall expire within twelve (12) hours after 
the designated completion of the activity or special event, unless 
extended in writing by the Tribal Council.

Article VI--Taxes

    Section 6.1. Sales Tax. The Tribal Council shall have the 
authority to impose a tax on all wholesale and retail liquor sales 
that take place on tribal lands. Such tax may be implemented by a 
duly enacted resolution of the Tribal Council, as supplemented by 
regulations adopted pursuant to this Ordinance. Such tax shall not 
be imposed on a party to a contract validly executed by the Tribe, 
if it is inconsistent with such validly executed contract. Subject 
to the foregoing limitation, any tax imposed by authority of this 
Section shall apply to all retail and wholesale sales of liquor on 
tribal lands.
    Section 6.2. Payment of Taxes to the Tribe. All taxes imposed 
pursuant to this Article VI shall be paid to the General Treasury of 
the Tribe and be subject to the distribution by the Tribal Council 
in accordance with its usual appropriation procedures for essential 
governmental functions and social services, including administration 
of this Ordinance.

Article VII--Rules, Regulations and Enforcement

    Section 7.1. Evidence. In any proceeding under this Ordinance, 
proof of any unlawful possession, distribution or sale of liquor 
shall be prima facie evidence of a violation of this Ordinance.
    Section 7.2. Civil Violations. Any person who shall import, sell 
or offer for sale or distribute or transport in any manner any 
liquor in violation of this Ordinance, or who shall have liquor in 
his/her possession for distribution or resale without a license, 
shall be guilty of a violation of this Ordinance subjecting him/her 
to civil damages assessed by the Tribal Council in accordance with 
its duly adopted regulations. Nothing in this Ordinance shall apply 
to the possession or transportation of any quantity of liquor by 
members of the Tribe or other persons located outside tribal lands 
for their personal or other noncommercial use, and the possession, 
transportation, sale, consumption or other disposition of liquor 
outside the Rancheria shall be governed solely by the laws of the 
State of California.
    Section 7.3. Illegal Purchases. Any person within the boundaries 
of the Rancheria who, in a public place, sells or buys liquor from 
any person other than a licensed Liquor Operator at a tribal 
enterprise or special event shall be guilty of a violation of this 
Ordinance.
    Section 7.4. Providing Liquor to Underage Person. No person 
under the age of twenty-one (21) years shall serve, consume, acquire 
or have in his/her possession any alcoholic beverages. Any person 
violating this section shall be guilty of a violation of this 
Ordinance for each and every drink so consumed.
    Section 7.5. Selling Liquor to Underage Person. Any person who, 
in a public place, sells, distributes or provides any liquor to any 
person under the age of twenty-one (21) years shall be guilty of a 
violation of this Ordinance for each separate sale or drink 
provided.
    Section 7.6. Civil Penalty. Any person guilty of a violation of 
this Ordinance shall be liable to pay the Tribe the amount of two 
hundred fifty dollars ($250.00) per violation as civil damages to 
defray the Tribe's cost of enforcement of this Ordinance. The 
payment of such damages in each case shall be determined by the 
Tribal Council based upon a preponderance of the evidence available 
to the Tribal Council after the person alleged to have violated this 
Ordinance has been given notice, hearing and an opportunity to 
respond to such allegations.
    Section 7.7. Identification Requirement. 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) years, the 
licensed purveyor of liquor may require the prospective purchaser to 
present any one of the following officially-issued cards of 
identification which shows the prospective purchaser's age, 
signature, and photograph:
    (a) Drivers license of any state or identification card issued 
by any state Department of Motor Vehicles (DMV);
    (b) United States Uniformed Services identification documents; 
or
    (c) Passport
    Section 7.8. Refusal to Sell or Distribute Liquor. Whenever a 
licensed purveyor of liquor requires the presentation of an 
officially-issued card of identification under Section 7.7, above, 
and the prospective purchaser fails to present such identification, 
the licensed purveyor shall refuse to sell or distribute any liquor 
to such prospective purchaser.

Article VIII--Abatement

    Section 8.1. Public Nuisance Established. 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 8.2. Abatement of Nuisance. The Tribal Chairperson, upon 
authorization by 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 Tribe, to abate and perpetually enjoin any nuisance declared 
under this Ordinance. 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 five thousand dollars ($5,000.00) payable to the Tribe and 
conditioned that liquor will not thereafter be manufactured, kept, 
sold, bartered, exchanged, given away, furnished or otherwise 
disposed of thereof in violation of the provisions of this Ordinance 
or of any other applicable tribal law, and that he/she will pay all 
fines, costs and damages assessed against him/her for any violation 
of this Ordinance. If any conditions of the bond should be violated, 
the whole amount may be recovered for the use of the Tribe.
    Section 8.3. Evidence. 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 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--Use of Proceeds

    Section 9.1. Application of Proceeds. The gross proceeds 
collected by the Tribal Council from all licensing activity pursuant 
to this Ordinance and from fines imposed as a result of violations 
of this Ordinance, shall be applied 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 Tribe and expended by the Tribal Council for 
governmental services and programs on tribal lands.

Article X--Miscellaneous Provisions

    Section 10.1. Severability and Savings Clause. If any provision 
or application of this Ordinance is determined by judicial review to 
be invalid, such provision shall be deemed ineffective and void, but 
shall not render ineffectual the remaining portions of this 
Ordinance, which shall remain in full force and effect.
    Section 10.2. Effective Date. This Ordinance shall be effective 
as of the date on which the Secretary of the Interior certifies this 
Ordinance and publishes the same in the Federal Register.
    Section 10.3. Repeal of Prior Acts. Any and all prior 
resolutions, laws, regulations or ordinances of the Tribe pertaining 
to the subject matter set forth in this Ordinance are hereby 
rescinded and repealed in their entirety.
    Section 10.4. Conformance with State Law. All interpretations, 
acts and transactions

[[Page 59311]]

under this Ordinance shall be in conformity with the Compact and the 
laws of the State of California, within the intent of 18 U.S.C. 
1154, 1161.

Article XI--Amendments

    Section 11.1 This Ordinance may be amended only pursuant to a 
duly enacted Resolution of the Tribal Council, with certification by 
the Secretary of the Interior, or his designee, and publication in 
the Federal Register, if required.

[FR Doc. 02-23856 Filed 9-19-02; 8:45 am]
BILLING CODE 4310-4J-P