[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Notices]
[Pages 27100-27101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12406]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Rumsey Indian Rancheria of Wintun Indians of California Ordinance 
for the Sale and Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Tribal Council Ordinance No. 02-04 
regulating the Sale and Consumption of Alcoholic Beverages for the 
Rumsey Indian Rancheria of Wintun Indians of California. The Ordinance 
regulates and controls the possession, sale and consumption at a gaming 
facility located on the Rancheria known as the Cache Creek Indian Bingo 
& Casino and related hotel (hereinafter, ``Facility''). The sale of 
alcohol within the Facility, for on-Facility consumption only, is 
hereby authorized. No alcoholic beverages may be sold at any location 
pursuant to this Ordinance other than within the Facility. The Rumsey 
Indian Rancheria Tribal Council enacted Tribal Council Resolution No. 
09-24-02-02, on September 24, 2002, to authorize the enactment of the 
Ordinance. Ordinance No. 02-04, was adopted on September 24, 2002, but 
does not become effective until published in the Federal Register 
because the failure to comply with the Ordinance may result in criminal 
charges.

EFFECTIVE DATE: This Ordinance is effective on May 19, 2003.

FOR FURTHER INFORMATION CONTACT: Iris Drew, Southwest Regional Office, 
Branch of Tribal Government, PO Box 26567, Albuquerque, New Mexico 
87125-6567; Telephone (505) 346-7592 or Ralph Gonzales, Office of 
Tribal Services, 1951 Constitution Ave., NW., MS-320-SIB, Washington, 
DC 20240; 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 Rumsey Indian Rancheria of Wintun 
Indians of California enacted Tribal Council Ordinance No. 02-04, on 
September 24, 2002, for the purpose of governing the sale and 
consumption of alcoholic beverages only at its Indian gaming facility 
on tribal trust lands, known as the Cache Creek Indian Bingo & Casino 
and related hotel (``Facility''). The Rumsey Indian Rancheria has an 
existing liquor code to provide that the tribe, as owner and operator 
of a convenience store on the rancheria, will sell wine and beer for 
off-premises consumption only, published in the Federal Register on 
February 4, 1992 (57 FR 4314).
    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 Tribal Council Ordinance No. 02-04, Sale and 
Consumption of Alcoholic Beverages at the gaming facility, located on 
tribal trust lands, known as the Cache Creek Indian Bingo & Casino and 
related hotel, was duly adopted by the Rumsey Indian Rancheria of 
Wintun Indians of California on September 24, 2002. The Ordinance was 
further authorized for enactment by Tribal Council Resolution No. 09-
23-02-02, on September 24, 2002.

    Dated: May 9, 2003.
Aurene M. Martin,
Acting Assistant Secretary--Indian Affairs.

Rumsey Indian Rancheria, Yolo County, California, Tribal Council 
Ordinance No. 02-04

Sale and Consumption of Alcoholic Beverages

    The Tribal Council, governing body of the Rumsey Indian Rancheria 
of Wintun Indians of California (hereinafter ``Tribe''), hereby enacts 
this Ordinance to govern the sale and consumption of alcoholic 
beverages at its Indian gaming facility and related hotel on Rancheria 
lands.

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.
    2. Pursuant to the Tribe's Constitution at Article 4 and Article 8 
Section 1(i) and (j), the Tribal Council is the governing body of the 
Tribe with the power to enact ordinances to promote the general welfare 
of the Tribe and to plan and manage economic affairs of the Tribe.
    3. The Tribe is and shall be the owner and operator of a gaming 
facility located on the Rancheria known as the Cache Creek Indian Bingo 
& Casino and related hotel (hereinafter ``Facility''), at which 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 restaurant and lounge areas in which food 
and beverages are served to patrons who may also desire to consume 
alcoholic beverages.
    6. The Tribal Council has determined that it is now in its best 
interest to offer alcoholic beverages for sale and consumption at the 
Facility.
    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.

General Terms

    1. The sale of alcohol within the Facility, for on-Facility 
consumption only, is hereby authorized.
    2. No alcoholic beverages may be sold at any location pursuant to 
this Ordinance other than within the Facility.
    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 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 Facility any alcoholic beverage.
    b. No person shall sell alcohol to any person under the age of 21 
at the Facility.
    c. No person shall sell alcohol to a person apparently under the 
influence of liquor at the Facility.
    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.

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    5. All liquor sales within the Facility 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.

Posting

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

Enforcement

    1. This Ordinance may be enforced by the Rumsey Tribal Gaming 
Agency by implementation of monetary fines not to exceed $500 and/or 
withdrawal of authorization to sell alcohol at the Facility. Prior to 
any enforcement action, the Rumsey Tribal Gaming Agency 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 Rumsey Tribal Gaming Agency shall be final.
    2. This Ordinance also may be enforced by the Yolo County Sheriff's 
Office at the request of the Rumsey Tribal Gaming Agency.

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.

Amendment

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

Sovereign Immunity

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

Effective Date

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

Certification

    The foregoing ordinance was adopted by a vote of 5 for, and 0 
against and 0 abstentions, at a duly called meeting of the Rumsey 
Indian Rancheria Tribal Council at which a quorum was present, on this 
24th day of September 2002.

[FR Doc. 03-12406 Filed 5-16-03; 8:45 am]
BILLING CODE 4310-4J-P