[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Notices]
[Pages 27102-27103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12407]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


United Auburn Indian Community 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 No. 09-16-02-01 
regulating the Sale and Consumption of Alcoholic Beverages for the 
United Auburn Indian Community. The Ordinance regulates and controls 
the possession, sale and consumption of liquor within the boundaries of 
the United Auburn Indian Community at a gaming facility located on 
tribal trust lands in Placer County, California. No alcoholic beverages 
may be sold at any location pursuant to this Ordinance other than 
within the facility. The Ordinance is in conformity with the laws of 
the State of California, where applicable and necessary. Although the 
Ordinance was adopted on September 16, 2002, it 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 United Auburn Indian Community 
enacted Tribal Council Ordinance No. 09-16-02-01, on September 16, 
2002, for the purpose of governing the sale and consumption of 
alcoholic beverages only at its Indian gaming facility on tribal trust 
lands in Placer County, California. The facility is expected to open on 
or about June 1, 2003.
    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. 09-16-02-01, Sale and Consumption of Alcoholic Beverages 
at the gaming facility, located on tribal trust lands in Placer County, 
California, was duly adopted by the United Auburn Indian Community on 
September 16, 2002.

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

    The United Auburn Indian Community Ordinance for the Sale and 
Consumption of Alcoholic Beverages, Tribal Council Ordinance No. 09-16-
02-01, reads as follows:

United Auburn Indian Community, Placer County, California, Tribal 
Council Ordinance No. 09-16-02-01

Sale and Consumption of Alcoholic Beverages

    The Tribal Council, governing body of the United Auburn Indian 
Community (hereinafter ``Tribe''), hereby enacts this Ordinance to 
govern the sale and consumption of alcoholic beverages at

[[Page 27103]]

its Indian gaming facility on tribal trust 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 Article IV Section 1 and Article VIII Section 1 
subsections (i) and (j) of the Tribe's Constitution, the Tribal Council 
is the governing body of the Tribe with the power to enact ordinances 
to promote the economic well-being of the Tribe and the general welfare 
of its members.
    3. The Tribe plans to own and operate a gaming facility located on 
tribal trust lands in Placer County, California, APN-021-280-088 
(hereinafter ``Facility''), at which Class III Gaming will be 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 this trust land, will be 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 will include restaurant and lounge areas in which 
food and beverages will be served to patrons who may also desire to 
consume alcoholic beverages.
    6. The Tribal Council has determined that it is in the Tribe's 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.
    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 Tribal Gaming Commission 
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, Tribal 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 Tribal Gaming Commission shall be final.
    2. This Ordinance also may be enforced by the Placer County 
Sheriff's Office at the request of the Tribal Gaming Commission.

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 United 
Auburn Indian Community Tribal Council at which a quorum was present, 
on this 16th day of September, 2002.

[FR Doc. 03-12407 Filed 5-16-03; 8:45 am]
BILLING CODE 4310-4J-P