[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Notices]
[Pages 61458-61460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27104]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Dry Creek Rancheria Sale and Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Dry Creek Rancheria Liquor 
Ordinance. The ordinance regulates and controls distribution, sale, 
consumption, possession, inspection, licensing, enforcement and legal 
compliance associated with the introduction of alcohol on the Dry Creek 
Rancheria.

EFFECTIVE DATE: This Code is effective on October 28, 2003.

FOR FURTHER INFORMATION CONTACT: Iris Drew, Southwest Regional Office, 
Branch of Tribal Government, P.O. Box 26567, Albuquerque, New Mexico 
87125-6567, Telephone (505) 346-7592, or Ralph Gonzales, Office of 
Tribal Services, 1951 Constitution Avenue, NW, MS-320-SIB, Washington, 
DC 20245, Telephone (202) 513-7629.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Pub. 
L. 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 Dry Creek Rancheria adopted Tribal 
Ordinance No. 02-090-21-001 on September 21, 2002. The purpose of this 
ordinance is to govern the distribution, sale, consumption, possession, 
inspection, licensing, enforcement and legal compliance associated with 
the introduction of alcohol on the Dry Creek Rancheria.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs.
    I certify that Liquor Ordinance No. 02-09-21-001 was duly adopted 
by the Tribal Council of the Dry Creek Rancheria on September 21, 2002.

    Dated: October 7, 2003.
Aurene M. Martin,
Principal Deputy Assistant Secretary--Indian Affairs.

Ordinance No. 02-09-21-001

Alcohol Policy

Dry Creek Rancheria Band of Pomo Indians of California

Preamble

    This ordinance is for the purpose of providing rules and 
procedures related to the distribution, sale, consumption, 
possession, inspection, licensing, enforcement and legal compliance 
associated with the introduction of alcohol on the Dry Creek 
Rancheria. It is hereby ordained by the Tribal Council (Membership) 
of the Dry Creek Rancheria that the following rules and procedures 
shall apply to the authority, responsibility, legal compliance with 
local, state and federal laws, and for the protection of the welfare 
and being of Tribal Members that the following ordinance is hereby 
adopted:

Article I--Findings and Policy

    The Tribe finds that:
    1. The introduction, possession, and sale of alcoholic beverages 
on the Tribe's lands are matters of special concern to the Tribe.
    2. Under the authority of Article VII the Tribe's Articles of 
Association and in conformance with Federal Law and the laws of the 
State of California as required by 18 U.S.C. 1161 and the Tribe's 
Gaming Compact, and under the inherent sovereignty of the Tribe, 
this Ordinance shall be deemed an exercise of the Tribe's power for 
the protection of the welfare, health, peace, morals and safety of 
the members of the Tribe.
    3. The Tribe's policy is to assure that any possession, 
importation, sale, or consumption of an alcoholic beverage within 
the Tribe's jurisdiction shall occur under the regulation and 
control of the Tribe as set forth in this Ordinance.
    4. This Ordinance shall be construed to comply with federal and 
tribal laws and with applicable state laws (``Applicable Laws'').

Article II--Definitions

    The stated terms are defined as follows unless a different 
meaning is expressly provided or the context clearly indicates 
otherwise:
    1. Alcoholic Beverage or Liquor shall include alcohol, spirits, 
liquor, wine, beer, and every liquid or solid containing alcohol, 
spirits, wine, or beer, and which contains

[[Page 61459]]

one-half of one percent or more of alcohol by volume and which is 
fit for beverage purposes either alone or when diluted, mixed, or 
combined with other substances. It shall further mean any 
intoxicating liquor, beer or any wine, as defined under the 
provisions of this Ordinance or other applicable law.
    2. Tribal Council shall mean the Tribal Council of the Dry Creek 
Rancheria, which includes all eligible voters and is its governing 
body.
    3. Legal Age shall mean the same as the age requirements of the 
State of California, which is currently 21 years. If the drinking 
age for the State of California is repealed or amended to raise or 
lower the legal age for drinking within California, the Tribal 
Council is authorized to amend this Article to match the age limit 
imposed by applicable state law.
    4. Licensed Retailer, Importer, or Wholesaler shall mean any 
Person (hereinafter defined) who is duly licensed to sell liquor by 
the Tribal Council and the State of California.
    5. Person shall mean any individual, firm, partnership, joint 
venture, association, corporation, trust, or any other group of 
combination acting as a unit.
    6. Sale shall mean the exchange of property and/or any transfer 
of ownership of, title to, or possession of property for a valuable 
consideration, exchange or barter, in any manner or by any means 
whatsoever. Sale includes optional sales contracts, leases with 
options to purchase and other contracts under which possession of 
property is given to purchaser, buyer, or consumer but title is 
retained as security for the payment of the purchase price, and 
includes any transaction whereby, or any consideration, title to 
alcoholic beverages is transferred from one person to another.
    7. Tribal Lands shall include those lands within the exterior 
boundaries of the Tribe's Rancheria and other Indian Lands over 
which the Tribe has jurisdiction.

Article III--General Prohibition

    It shall be a violation of Tribal law for any person on those 
lands under the jurisdiction and control of the Tribe to manufacture 
for sale, to sell, offer or keep for sale, possess, transport, or 
conduct any transaction involving any alcoholic beverage except in 
compliance with the terms, conditions, limitations, and restrictions 
specified in this Ordinance.

Article IV--Powers of Enforcement

    The Tribe, through the Tribal Council or its duly authorized 
representatives in respect to the enforcement of this Ordinance, 
shall have the following powers and duties:
    1. To develop, approve, publish, enforce and interpret such 
rules and regulations as may be necessary for enforcement of this 
Ordinance regarding the sale, manufacture, and distribution of 
alcoholic beverages on all Tribal Lands over which the Tribe has 
jurisdiction;
    2. To employ managers, accountants, security personnel, 
attorneys, inspectors, and such other persons as shall be reasonably 
necessary to allow the Tribal Council to perform its functions;
    3. To issue licenses permitting the sale or manufacture or 
distribution of alcohol on the lands over which the Tribe has 
jurisdiction;
    4. To hold hearings on violations of this Ordinance, as well as 
hearings for the issuance, denial, suspension, or revocation of 
licenses hereunder. Notice and the opportunity to be heard will be 
provided by the Tribe in such cases;
    5. To bring suit in the appropriate court of competent 
jurisdiction to enforce this Ordinance as necessary;
    6. To establish, determine, and levy fines and seek damages for 
violation of this Ordinance;
    7. To collect taxes and fees levied or set by the Tribal Council 
and to keep records, books, and accounts; and
    8. To confiscate liquor sold, possessed or introduced in 
violation of this Ordinance and to sell or otherwise dispose of such 
confiscated liquor for the benefit of the Tribe.

Article V--Right To Inspect and Search

    The premises on which alcoholic beverages are sold or 
distributed shall be open for inspection by the Tribe, through the 
Tribal Council or its duly authorized representatives, at all 
reasonable times for the purpose of ascertaining compliance with the 
provisions and requirements of this Ordinance. Where warranted, the 
Tribe shall conduct reasonable searches and may seize goods.

Article VI--Sales and Possession of Alcohol

    The sale and possession of alcohol on tribal lands shall be 
governed by Tribal and applicable Federal and State Laws and shall 
be subject to the following limitations:
    1. The possession or introduction of alcoholic beverages on 
Tribal Lands shall be lawful if such possession or introduction is 
in conformity with Applicable Laws.
    2. The sale of alcoholic beverages by business entities owned by 
and subject to the control of the Tribe shall be lawful; provided 
that such sales are in conformity with Applicable Laws.

Article VII--Licensing and Enforcement

    No tribal license shall issue under this Ordinance except upon a 
sworn application filed with the Tribe containing full and complete 
information as required by such application and is subject to the 
following:
    1. Any license granted can be transferred only with the written 
consent of the Tribe.
    2. Each license may be issued for a period not to exceed two (2) 
years from the date of issuance.
    3. All applicants must provide satisfactory proof that the 
applicant is or will be duly licensed by the State of California.
    4. The Tribe may revoke, suspend, or deny a license at any time, 
based upon a violation, misrepresentation, failure to renew in a 
timely manner, failure to provide information requested by the 
Tribe, and other good cause shown. Applicants or licensees whose 
licenses are denied, suspended, or revoked may request a hearing 
before the Tribe.
    5. Any person determined by the Tribe to be in violation of the 
Ordinance shall be subject to civil fines and penalties, based on a 
schedule of fines applicable to such violations. Penalties may 
include the imposition of criminal sanctions and penalties, as 
warranted, consistent with all applicable law.
    6. In investigating applicants, the Tribe shall consider whether 
the applicant is in compliance with all Applicable Laws, and whether 
such licensing will serve the best interests of the Tribe. All 
applicants must prove their suitability to obtain a tribal license 
and to qualify for a state liquor license.
    7. Applicant has the burden of providing satisfactory proof that 
applicant is of good character, has a good reputation in the tribal 
and local community, and that applicant is financially responsible 
and meets all other licensing standards established by the Tribe.

Article VIII--Licensing Hearings

    All applications for a tribal liquor license shall be reviewed 
and considered by the Tribe, and the Tribe may convene a hearing to 
take evidence regarding the application. The Tribal Council shall 
determine whether to grant or deny the application based on the 
following criteria:
    1. Whether all suitability requirements have been met.
    2. Whether all requirements of this Ordinance have been 
addressed; and
    3. Whether the Tribal Council, in its discretion, determines 
that granting the license is in the best interests of the Tribe.
    In the event applicant is a member of the Tribal Council, the 
member shall not vote on the application or participate in the 
hearings as a Tribal Council member.

Article IX--Conditions of the Tribal License

    Any tribal license issued under this Ordinance shall be subject 
to such conditions as the Tribal Council shall establish, including 
but not limited to the following:
    1. The licensee shall at all times maintain an orderly, clean 
establishment, both inside and outside the licensed premises.
    2. The licensed premises shall be subject to patrol and 
inspection by duly authorized tribal enforcement or other tribal 
officials or their designee, and by such other law enforcement 
officials as may be authorized by law at all times during regular 
business hours, and after hours as deemed necessary and prudent by 
such officials.
    3. No alcoholic beverages shall be sold, served, disposed of, 
delivered or consumed on the licensed premises except in conformity 
with the hours and days prescribed by the Tribal Council and by the 
laws of the State of California to the extent applicable.
    4. A tribal liquor license shall not be deemed a property right 
or vested right of any kind, nor shall the granting of a tribal 
liquor license give rise to a presumption of legal entitlement to 
the granting of such license for a subsequent time period.

Article X--Tribally-Owned Establishments

    The Tribal Council may issue, by resolution, an appropriate 
license to a tribally-owned establishment upon such determination as 
is necessary to assure compliance with applicable laws.

[[Page 61460]]

Article XI--Sovereign Immunity

    Nothing contained in this Ordinance is intended, nor does it in 
any way limit, alter, restrict, or waive the sovereign immunity of 
the Tribe or any of its agencies from unconsented suit or other such 
action of any kind.
    Article XII--Severability, Prior Enactments, Amendment, 
Compliance With Law, and Effective Date
    1. If any provision or application of this Ordinance is 
determined by an agency or court of competent jurisdiction to be 
invalid or unenforceable, the remaining portions of this Ordinance 
shall remain and be unaffected thereby.
    2. All prior tribal laws, ordinances, or resolutions that are or 
may be determined to be inconsistent with the provisions of this 
Ordinance are hereby repealed to the extent inconsistent with this 
Ordinance.
    3. This Ordinance may be amended by majority vote of the Tribal 
Council at any time at a duly noticed meeting. Any such amendment 
shall become effective upon publication by the Secretary of the 
Interior in the Federal Register, unless the applicable law does not 
require such publication for the amendment to become effective.
    4. All provisions of this Ordinance shall comply with 18 U.S.C. 
1161.
    5. This Ordinance shall be effective on such date as the 
Secretary of the Interior certifies this Ordinance and publishes the 
same in the Federal Register.

Certification

    This is to certify that the foregoing ordinance was duly enacted 
by the vote of the Tribal Council of Dry Creek Rancheria by a vote 
of 72 for, 10 against, and 0 abstentions, at a duly held Regular 
General Meeting of the Tribal Council on Saturday, 21 September 
2002, and that this ordinance has not been amended in any manner.

Attest

Elizabeth Elgin DeRouen, Chairperson
    Dated: September 21, 2002.
Margie Rojes, Secretary/Treasurer
    Dated: September 21, 2002.

[FR Doc. 03-27104 Filed 10-27-03; 8:45 am]
BILLING CODE 4310-4J-P