[Federal Register Volume 68, Number 28 (Tuesday, February 11, 2003)]
[Notices]
[Pages 6938-6941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-3386]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Seneca Nation of Indians Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Seneca Nation of Indians Liquor 
Ordinance governing the possession, consumption and sale of liquor on 
Seneca Nation Territory (Allegany Territory, except for excluded 
portions of the City of Salamanca, and Cattaraugus and Oil Springs 
Reservations) as well as the Seneca Nation Alcoholic Beverages Control 
Act, section 12 of the Ordinance, governing the possession, consumption 
and sale of liquor on restricted fee land acquired pursuant to the 
Seneca Nation Land Claims Settlement Act of 1990, 25 U.S.C. 1774f(c), 
in conformity with the laws of the State of New York, where applicable 
and necessary. Although the Ordinance, including section 12, was 
adopted on November 16, 2002, it does not become effective until 
published in the Federal Register, because the failure

[[Page 6939]]

to comply with the Ordinance may result in criminal charges.

EFFECTIVE DATE: This Ordinance, as well as the Alcoholic Beverages 
Control Act of the Seneca Nation of Indians, is effective on February 
11, 2003.

FOR FURTHER INFORMATION CONTACT: Iris Drew, Office of Tribal Services, 
1849 C Street, NW., MS 320-SIB, Washington, DC 20240-4001; Telephone 
(202) 513-7629.

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 Seneca Nation of Indians Liquor 
Ordinance, including its Alcoholic Beverages Control Act (section 12 of 
the Ordinance), was duly adopted by the Seneca Nation Council, 
governing body of the Seneca Nation, on November 16, 2002. The Seneca 
Nation, 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 jurisdiction of the Seneca Nation.
    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 the Seneca Nation Liquor Ordinance, including the 
Alcoholic Beverages Control Act, was duly adopted by the Seneca Nation 
Council, governing body of the Seneca Nation of Indians, on November 
16, 2002.

    Dated: January 31, 2003.
Aurene M. Martin,
Acting Assistant Secretary--Indian Affairs.
    The Seneca Nation of Indians Liquor Ordinance, including its 
Alcoholic Beverages Control Act, reads as follows:

Seneca Nation of Indians--Use and Distribution of Liquor Ordinance

Section 1.--Authority and Purpose

    (1) The authority for this Ordinance and its adoption by the 
Council of the Seneca Nation of Indians (Nation Council) is found in 
the Article XIII of the Constitution of the Seneca Nation of Indians of 
1848, as amended, and in the Act of August 15, 1953, Public Law 83-277, 
18 U.S.C. 1161.
    (2) This Ordinance is for the purpose of:
    (a) regulating the possession and prohibiting the sale of 
intoxicating beverages on Seneca Nation Territory; and
    (b) regulating the purchase, introduction, possession, sale and 
consumption of alcoholic liquor on lands placed in restricted fee 
status for the Seneca Nation of Indians (the Nation) pursuant to the 
Seneca Nation Land Claims Settlement Act of 1990, 25 U.S.C. 1774f(c).

Section 2.--Relation to Other Seneca Nation Regulations

    Nation Ordinance No. 89-01, duly adopted by the Nation on January 
21, 1989, is hereby repealed and replaced. Any and all prior 
ordinances, resolutions, regulations or other form of control of the 
Nation, whether written or unwritten, which authorize, prohibit, or 
deal with the sale of alcohol are hereby repealed and have no further 
force and effect. No Nation ordinance or regulation shall be applied in 
a manner inconsistent with the provisions of this Ordinance.

Section 3.--Application of Ordinance to Seneca Nation Territory and 
Restricted Fee Lands

    The Seneca Nation Territory to which this Ordinance applies is the 
Indian Country within the exterior boundaries of the Territory that is 
subject to the jurisdiction of the Nation, except for Allegany 
Territory which is within the City of Salamanca and is not included in 
the area set aside for Seneca Nation Housing Authority Project 40-9. 
For the purposes of this Ordinance, these lands shall be referred to as 
the Seneca Nation Territory. The restricted fee lands to which Section 
12 of this Ordinance applies are those lands placed in restricted fee 
status for the Nation pursuant to the Seneca Nation Land Claims 
Settlement Act of 1990, 25 U.S.C. 1774f(c).

Section 4.--Unlawful Sale and Introduction of Intoxicating Beverages 
Within Seneca Nation Territory

    The sale, and introduction for purposes of sale, of intoxicating 
beverages shall be unlawful within the Seneca Nation Territory.

Section 5.--Unlawful Possession of Intoxicating Beverages Within Seneca 
Nation Territory

    The possession and consumption of intoxicating beverages shall be 
unlawful on the public lands of the Seneca Nation Territory, including 
public highways, bridges, Nation property, parking lots, driveways, and 
grounds surrounding Nation buildings.

Section 6.--Possession by Minors Within Seneca Nation Territory

    It shall be unlawful for any person under the age of 21 to possess 
or consume intoxicating beverages, or for any person to give 
intoxicating beverages to any person under the age of 21, within the 
Seneca Nation Territory.

Section 7.--Maintaining Premises Where Intoxicating Beverages are 
Consumed, Possessed or Served Within Seneca Nation Territory

    It shall be unlawful for any person to maintain premises within 
Seneca Nation Territory where intoxicating beverages are: (1) Consumed, 
possessed, or served to any person under the age of 21; or (2) 
consumed, possessed or served in violation of this Ordinance.

Section 8.--Conformity With State Laws and This Ordinance

    The possession of intoxicating beverages shall be lawful within the 
Seneca Nation Territory provided that such possession is not prohibited 
by this Ordinance and is in conformity with the laws of the State of 
New York pursuant to 18 U.S.C. 1161.

Section 9.--Violations Within Seneca Nation Territory--Remedies

    (a) The Nation may bring an action in the Peacemakers Courts 
against any person for violation of the provisions of this Ordinance 
regulating the possession and prohibiting the sale of intoxicating 
beverages on Seneca Nation Territory. The action shall be initiated by 
the filing of a written complaint with the court of the tribal 
prosecutor, sworn to by a person having personal knowledge of the 
charged violation, or by a Marshall or Seneca Nation law enforcement 
officer having personal knowledge of the charged violation. The 
complaint shall set forth the essential facts charging that a named 
individual has violated this Ordinance. Such action, including any 
appeal which is taken from the decision of the Peacemakers Court, shall 
be governed by the Seneca Nation Civil Procedure Rules.
    (b) Any person found to have violated any of Sections 4 through 7 
of this Ordinance shall pay a fine of:
    (1) No more than $5,000 and no less than $0 for a Section 4 
violation, plus court costs.
    (2) No more than $5,000 and no less than $0 for a Section 5 
violation, plus court costs.
    (3) No more than $5,000 and no less than $0 for a Section 6 
violation, plus court costs.

[[Page 6940]]

    (4) No more than $5,000 and no less than $0 for a Section 7 
violation, plus court costs.
    In addition to the penalty described for such a violation, all 
intoxicating beverages confiscated from any person found to have 
violated this Ordinance shall be destroyed.
    (c) In lieu of imposing a fine pursuant to subsection (b) above, 
the Peacemakers Court may employ the procedure provided in section 4-
102(a), (b) of the Seneca Nation of Indians Civil Procedure Code.
    (d) Any person found to have violated this Ordinance who is charged 
with a second subsequent violation may be referred to any other 
jurisdiction which the Peacemakers Court determines has concurrent 
jurisdiction over the charge.
    (e) In addition to other remedies, the Peacemakers Court may enjoin 
any person in violation of this Ordinance.

Section 10.--Enforcement Within Seneca Nation Territory

    The Marshals, the Seneca Nation Conservation Officers, and officers 
of the Seneca Nation Law Enforcement Department are authorized to 
enforce this Ordinance within the Seneca Nation Territory.

Section 11.--Unlawful Intoxicating Beverages Within Seneca Nation 
Territory to be Confiscated

    The Marshals, the Seneca Nation Conservation Officers, and law 
enforcement officers shall confiscate and preserve as evidence all 
intoxicating beverages sold, introduced for purposes of sale, or 
possessed in violation of this Ordinance within the Seneca Nation 
Territory.

Section 12.--Lawful Purchase, Introduction, Sale, Possession and 
Consumption of Liquor on Lands Placed in Restricted Fee Status Pursuant 
to the Seneca Nation Land Claims Settlement Act of 1990

    Pursuant to the inherent sovereignty of the Nation and in the 
exercise of the Nation powers for the purpose of protecting the 
welfare, health, peace, morals and safety of Nation members, the Nation 
adopts the following Seneca Nation Alcoholic Beverages Control Act for 
the purpose of regulating the purchase, introduction, sale, possession 
and consumption of liquor on lands placed in restricted fee status 
pursuant to the Seneca Nation Land Claims Settlement Act of 1990, 25 
U.S.C. 1774f(c).
    (1) Title and Purpose. This Seneca Nation Alcoholic Beverages 
Control Act is enacted for the purpose of regulating the purchase, 
introduction, sale, possession, and consumption of liquor on lands 
placed in restricted fee status pursuant to the Seneca Nation Land 
Claims Settlement Act of 1990, 25 U.S.C. 1774f(c).
    (2) Definitions. To the extent that definitions are consistent with 
Nation and federal law, terms used herein shall have the same meaning 
as defined in New York Consolidated Laws, Chapter 3-B (Alcoholic 
Beverage Control Law) and in Title 9, Subtitle B, Chapter I of the New 
York Regulations (Rules of the New York State Liquor Authority).
    (a) Alcohol. Ethyl alcohol, hydrated oxide of ethyl or spirit of 
wine from whatever source or by whatever process produced.
    (b) Alcoholic Beverage. Any liquid suitable for human consumption, 
which contains one-half of 1 percent or more of alcohol by volume.
    (c) Barter or Bartering. The trading for any commodity, act or 
consideration whether or not there is intrinsic value in the item 
traded.
    (d) Beer. Includes any fermented beverages of any name or 
description, manufactured from malt, wholly or in part, or from any 
substitute therefor.
    (e) Distilled Spirits. Any alcoholic beverage that is not beer, 
wine, sparkling wine or alcohol.
    (f) Liquor. Includes any and all distilled or rectified spirits, 
brandy, whiskey, rum, gin, cordials or similar distilled alcoholic 
beverages, including all dilutions and mixtures of one or more of the 
foregoing.
    (g) Minor. Any person under 21 years of age.
    (h) Nation Council. The duly elected governing body of the Seneca 
Nation of Indians, a federally recognized tribe.
    (i) Nation Enterprise. For purposes of this Act only, this term 
shall mean those corporations chartered by the Nation and authorized to 
conduct Class III gaming and related commercial activities pursuant to 
the Seneca Nation Land Claims Settlement Act of 1990 and that is 
licensed by the Nation Council after paying the appropriate fee set 
forth by the Nation Council by Resolution at not less than two hundred 
($200) dollars and not more than five thousand ($5,000) dollars 
annually.
    (j) Possession or Possessing. The exercise of proprietorship or 
control over a thing or over property and includes constructive 
possession through control without regard to ownership.
    (k) Purchase. The exchange, barter, traffic, receipt, with or 
without consideration, in any form.
    (l) Sale. The exchange, barter, traffic, donation, with or without 
consideration, in addition to the selling, supplying or distribution by 
any means, by any person to any person.
    (m) Transport. The introduction of alcoholic beverage onto the 
Seneca Nation Territory by any means of conveyance for the purpose of 
sale, or distribution, to any licensed dealer.
    (3) Scope of Permissible Activity. It shall be lawful for any 
Nation Enterprise, as defined by this Act, operating on lands placed in 
restricted fee status pursuant to the Seneca Nation Land Claims 
Settlement Act of 1990, 25 U.S.C. 1774f(c), to purchase liquor from 
duly licensed New York State wholesalers, to introduce and possess such 
liquor, and to sell such liquor on-premises to persons over the age of 
21. It shall also be lawful for persons over the age of 21 to possess 
and consume such liquor at any Nation Enterprise facility located on 
lands placed in restricted fee status pursuant to the Seneca Nation 
Land Claims Settlement Act of 1990, as set forth in this Act.
    (4) Prohibition. The purchase, introduction, sale, possession and 
consumption of liquor on lands placed in restricted fee status pursuant 
to the Seneca Nation Land Claims Settlement Act of 1990, 25 U.S.C. 
1774f(c), other than by a Nation Enterprise or person authorized 
pursuant to this Act is prohibited.
    (5) Penalties. Any person or entity purchasing, introducing, 
possessing, selling, bartering, or otherwise trafficking in liquor in 
violation of this Act or any rule or regulation adopted pursuant to 
this ordinance shall be subject to a fine or forfeiture, as applicable, 
of not more than five thousand dollars ($5,000) and may be barred from 
admission to a licensed Nation Enterprise facility or to Nation 
Territory or restricted fee lands through due process of law. In 
addition, persons or entities subject to the full jurisdiction of the 
Nation may be subject to such other appropriate actions as the Nation 
Council may determine. All contraband merchandise shall be confiscated 
by the Nation and disposed of as directed by the Nation Council.
    (6) Conformity With State Law. Nation standards for the purchase, 
introduction, possession, sale and consumption of liquor on Seneca 
Nation Territory land pursuant to this Section 12 shall meet or exceed 
those required by the State of New York, pursuant to 18 U.S.C. 1161, 
including but not limited to:
    (a) Hours of Sale, Wine, Beer and Mixed Beverages. A Nation 
Enterprise may sell or offer for sale wine, beer and mixed beverages at 
all times authorized.

[[Page 6941]]

    (b) Minor. A minor is any person who has not celebrated his or her 
21st birthday.
    (c) Purchase of Alcohol by a Minor. Purchase of an alcoholic 
beverage by a minor on the premises of a Nation Enterprise facility is 
prohibited.
    (d) Sales to Minor. Sale of an alcoholic beverage to a minor by a 
Nation Enterprise facility employee is prohibited.
    (e) Consumption of Alcohol by a Minor. Consumption of an alcoholic 
beverage by a minor on the premises of a Nation Enterprise facility is 
prohibited.
    (f) Possession of Alcohol by a Minor. Possession of an alcoholic 
beverage by a minor on a Nation Enterprise facility is prohibited 
unless such minor is in possession of the alcoholic beverage while in 
the course and scope of his employment and he is an employee of the 
Nation Enterprise.
    (g) Purchase of Alcohol for a Minor, Furnishing Alcohol to a Minor. 
A person commits a violation of this Act if he knowingly purchases an 
alcoholic beverage for or knowingly gives or makes available an 
alcoholic beverage to a minor.
    (h) Misrepresentation of Age by a Minor. A minor is in violation of 
this Ordinance if he falsely states that he or she is 21 years of age 
or older or presents any document that indicates he/she is 21 years of 
age or older to a person engaged in selling or serving alcoholic 
beverages at a Nation Enterprise facility.
    (i) Employment of Minors. A Nation Enterprise shall not employ any 
person less than 18 years of age to sell, prepare, serve, or otherwise 
handle liquor, or to assist in doing so. A Nation Enterprise may, 
however, employ a person less than 18 years of age to work in any 
capacity other than the actual selling, preparing, serving or handling 
of liquor.
    (7) Prohibition of Sales During Emergencies or Dates and Times 
Established by the Nation Council. The Nation Council President, by 
authority of Nation Council Resolution, may on an emergency basis and 
for a period of time not to exceed 5 business days, by written order, 
act, directive or notice, prohibit the sale of liquor at any Nation 
Enterprise facility until such emergency order can be considered by the 
Nation Council which may in its discretion, terminate or extend such 
order for any length of time it deems necessary, or may issue emergency 
rules, regulations, directions or orders concerning the sale of liquor 
which will be valid during the stated emergency period. The Nation 
Council may likewise issue orders prohibiting or limiting the sale of 
liquor at any Nation Enterprise facility for any period not to exceed 
72 consecutive hours.
    (8) Enforcement. This Act shall be enforced by the Nation Council, 
or any other Agency vested with such enforcement authority pursuant to 
Nation Council Resolution.

Section 13.--Sovereign Immunity Preserved

    Nothing in this Ordinance is intended nor shall be construed as a 
waiver of sovereign immunity by the Nation. No officer, manager or 
employee of a Nation enterprise shall be authorized nor shall attempt 
to waive the sovereign immunity of the Nation.

Section 14.--Disclaimers

    Nothing in this Ordinance shall be construed to authorize or 
require the criminal trial and punishment of non-Indians by the Nation 
except to the extent allowed by an applicable present or future act of 
Congress or any applicable laws.

Section 15.--Regulations

    The Nation Council shall have the exclusive authority to adopt and 
enforce rules and regulations to implement the purchase, introduction, 
possession, sale, and consumption of liquor on the Seneca Nation 
Territory and to further the purposes of this Ordinance. Such rules and 
regulations shall have the force of law upon promulgation by Nation 
Council Resolution.

Section 16.--Severability

    If any clause, part or section of this Ordinance shall be adjudged 
invalid, such judgment shall not affect or invalidate the remainder of 
the ordinance but shall be confined in its operation to the clause, 
part or section directly involved in controversy in which such judgment 
was rendered.

Section 17.--Effective Date

    This Ordinance shall be effective on February 11, 2003.

Section 18.--Duration

    The duration of this Ordinance shall be perpetual until repealed or 
amended by Nation Council Resolution.
[FR Doc. 03-3386 Filed 2-10-03; 8:45 am]
BILLING CODE 4310-4J-P