[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Notices]
[Pages 68107-68108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30243]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Lytton Rancheria of California Ordinance Governing the Sale, 
Consumption, and Possession of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Lytton Rancheria of California 
Liquor Ordinance. The ordinance regulates and controls the 
distribution, sale, consumption, possession, inspection, licensing, 
enforcement and legal compliance associated with the introduction of 
alcohol at the Casino San Pablo premises, Contra Costa County, 
California.

EFFECTIVE DATE: This Ordinance is effective on December 5, 2003.

FOR FURTHER INFORMATION CONTACT: Duane T. Bird Bear, Office of Tribal 
Services, Bureau of Indian Affairs, 1951 Constitution Avenue, NW., MS-
320-SIB, Washington, DC 20240, Telephone: (202) 513-7641.

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 Tribal Council of the Lytton 
Rancheria of California, also known as the Lytton Band of Pomo Indians, 
adopted a Tribal Liquor Ordinance on April 10, 2001. 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 Casino San Pablo 
premises in the County of Contra Costa, California.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs. Amendments to the ordinance are subject to 
the approval of the Assistant Secretary for Indian Affairs and shall be 
published in the Federal Register before the amendments become 
effective.
    I certify that the Tribal Liquor Ordinance was duly adopted by the 
Tribal Council of the Lytton Band of Pomo Indians on April 10, 2001.

    Dated: November 21, 2003.
Aurene M. Martin,
Principal Deputy Assistant Secretary--Indian Affairs.
    The Lytton Rancheria of California Liquor Ordinance reads as 
follows:

Resolution of the Lytton Rancheria (Lytton Band of Pomo Indians)

Adopting an Ordinance Governing the Sale, Consumption, and Possession 
of Alcoholic Beverages at Lytton's Casino San Pablo

    Whereas: The Lytton Band of Pomo Indians (``the Tribe'') plans to 
own and operate the Casino San Pablo and to offer Class II and Class 
III gaming there pursuant to federal and tribal law, a tribal-state 
compact, and its Municipal Services Agreement with the City of San 
Pablo; and
    Whereas: The Tribe has determined that it is in its best interest 
for the sale of alcoholic beverages at Casino San Pablo to continue 
pursuant to state, federal, and tribal law after the Tribe becomes the 
owner and operator of Casino San Pablo;
    It is therefore resolved that the Tribe hereby adopts the following 
Ordinance, to become effective as set forth therein:

Lytton Rancheria (Lytton Band of Pomo Indians) Contra Costa County, 
California

Sale, Possession, and Consumption of Alcoholic Beverages

    The Tribal Council (hereinafter ``Council'') of the Lytton 
Rancheria (hereinafter ``Tribe''), also known as the Lytton Band of 
Pomo Indians, hereby enacts this Ordinance to govern the sale and 
consumption of alcoholic beverages on Rancheria lands in Contra Costa 
County, California.

Preamble

    A. 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 and published 
in the Federal Register and such activities are in conformity with 
state law.
    B. Pursuant to Article III of the Tribe's Constitution, the Tribal 
Council is the governing body of the Tribe. Pursuant to Article XIII of 
the Constitution, the Tribal Council is empowered to promulgate and 
enforce tribal laws exercising the Tribe's regulatory authority for the 
protection of public health and safety (Section 13.1 (f)) and 
administering all lands and assets and managing all economic affairs, 
planning and enterprises of the Tribe (Section 13.1(e); and to regulate 
the conduct of all persons who enter the jurisdiction of the Tribe 
(Section 13.1(i)).
    C. Pursuant to Article I of the Tribe's Constitution, the 
territorial jurisdiction of the Tribe includes all lands held in

[[Page 68108]]

trust by the United States for and possessed or occupied by the Tribe 
or its members.
    D. Pursuant to Section 819 of the Omnibus Indian Advancement Act of 
2000 (``the Act''), the United States is to become the owner in trust 
for Tribe of that certain Contra Costa County, California property 
(``the Property'') described in the Act, which is commonly known as 
Casino San Pablo. Immediately upon acceptance by the United States of 
the Property in trust of the Tribe, the Tribe will become the owner and 
operator of Casino San Pablo (the ``Facility'') pursuant to the Indian 
Gaming Regulatory Act. The Facility will be an integral and 
indispensable part of the Tribe's economy, providing income to the 
Tribe and training and employment to its members. The Tribal Council 
has determined that it is in the Tribe's best interest to offer 
alcoholic beverages for sale and consumption in the Facility.
    E. Pursuant to its Ordinance Restricting Gaming Activities And 
Areas At Lytton's Casino San Pablo To Persons Of The Age Of Twenty-One 
Years Old And Older, the Tribe has restricted gaming activities in the 
Facility to persons over the age of twenty-one years old.
    F. It is the purpose of this Ordinance to set out the terms and 
conditions under which the sale and consumption of said alcoholic 
beverages may take place.

General Terms

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

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

Enforcement

    7. This Ordinance may be enforced by the Tribal Council and by any 
additional tribal government agencies to which the Tribal Council may 
from time to time by resolution delegate such enforcement powers. 
Enforcement sanctions may include, but are not limited to, the 
assessment of monetary fines not to exceed $500 and revocation of 
authorization to sell alcohol at the Facility. Prior to any enforcement 
action, any alleged violator of this Ordinance shall be provided with 
at least three (3) days notice in writing of an opportunity to be heard 
during a hearing at which due process is provided. The decision of the 
Tribal Council or other agency with delegated authority after such 
hearing shall be final.

Severability

    8. If any provision or application of this Ordinance is determined 
by the Tribal Council or other agency with delegated authority to be 
invalid, such adjudication shall not be held to render ineffectual the 
remaining portions of this Ordinance or to render such provisions 
inapplicable to other circumstances.

Amendment

    9. This Ordinance may only be amended by a majority vote of the 
Tribal Council and such amendment shall be subject to the provisions of 
Title 18, United States Code, Section 1161.

Sovereign Immunity

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

Effective Date

    11. This Ordinance shall not be effective until: (1) It is 
certified by the Secretary of the Interior and published in the Federal 
Register, and (2) the Property is accepted by the United States in 
trust for the Tribe. Its effective date shall be the date of the 
happening of the later of those actions.

Certification

    The foregoing Resolution was adopted by a vote of 7 for, and -0- 
against and -0- abstentions, at a duly called meeting of the Tribal 
Council of the Lytton Rancheria (aka the Lytton Band of Pomo Indians) 
at which a quorum was present, on this 10th day of April, 2001.

Margie Mejia,
Tribal Chair.
Danny O'Campo,
Tribal Secretary.

[FR Doc. 03-30243 Filed 12-4-03; 8:45 am]
BILLING CODE 4310-4J-P