[Federal Register Volume 68, Number 249 (Tuesday, December 30, 2003)]
[Notices]
[Pages 75269-75273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32042]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Robinson Rancheria of California Ordinance Governing the 
Regulation and Licensing of Liquor

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Robinson Rancheria of California 
Ordinance Governing the Regulation and Licensing of Liquor on lands of 
the Robinson Rancheria. The ordinance regulates and controls the sale, 
manufacture, and distribution of alcoholic beverages in public places 
on the Robinson Rancheria as the Robinson Rancheria Citizens Business 
Council may deem necessary.

EFFECTIVE DATE: This Ordinance is effective on December 30, 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.

[[Page 75270]]


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 Business Council of the Robinson 
Rancheria of California, also known as the Robinson Rancheria of Pomo 
Indians, adopted a Liquor Ordinance on March 21, 2003. The purpose of 
this ordinance is to govern the sale, manufacture, and distribution of 
alcoholic beverages in public places on the Robinson Rancheria, 
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.

    I certify that the Business Council Resolution No. 03-21-03A, 
enacting the ``Robinson Rancheria of Pomo Indians of California Liquor 
Regulation and Licensing Ordinance,'' was duly adopted by the Business 
Council of the Robinson Rancheria of Pomo Indians on March 21, 2003.

    Dated: December 19, 2003.
Aurene M. Martin,
Principal Deputy Assistant Secretary-Indian Affairs.

    The Robinson Rancheria of California liquor ordinance governing 
sale, manufacture, and distribution of alcoholic beverages in public 
places on the Robinson Rancheria reads as follows:

Robinson Rancheria of Pomo Indians of California, California Liquor 
Regulation and Licensing Ordinance

Article I Declaration of Public Policy and Purpose

    Section 1.1. The introduction, possession and sale of liquor on the 
lands of the Robinson Rancheria is a matter of special concern to the 
Robinson Rancheria of Pomo Indians of California.
    Section 1.2. Federal law, 18 U.S.C. 1154, 1161, currently prohibits 
the introduction of liquor into Indian country, except as provided 
therein and in accordance with State law as interpreted by the Supreme 
Court in Rice v. Rehner, 463 U.S. 713 (1983), and expressly delegates 
to the tribe the decision regarding when and to what extent liquor 
transactions shall be permitted on lands subject to the tribe's 
jurisdiction.
    Section 1.3. The Robinson Rancheria Citizens Business Council of 
the Robinson Rancheria of Pomo Indians of California (``RRCBC'') has 
the power under Article VIII(j) of the Constitution of the Robinson 
Rancheria to enact ordinances to safeguard and provide for the health, 
safety and welfare of the members of the Robinson Rancheria, and has 
determined that it is in the best interests of the Robinson Rancheria 
of Pomo Indians of California to enact a tribal ordinance governing the 
introduction, possession and sale of liquor on the Robinson Rancheria 
and which limits the purchase, distribution, and/or sale of liquor 
within the exterior boundaries of the Robinson Rancheria Reservation 
only to premises licensed and regulated by the RRCBC.
    Section 1.4. The RRCBC finds that the sale or other commercial 
distribution of liquor on land owned or held in trust for individuals 
would be contrary to the best interests of the Robinson Rancheria of 
Pomo Indians of California and is therefore prohibited.
    Section 1.5. The RRCBC finds that violations of this Ordinance 
would damage the Robinson Rancheria of Pomo Indians of California in an 
amount of five hundred dollars ($500) per violation because of the 
costs of enforcement, investigation, adjudication and disposition of 
such violations, and that to defray the costs of enforcing this 
Ordinance the RRCBC may, in its discretion, impose a tax on the sale of 
liquor on the reservation.
    Based upon the foregoing findings and determinations, the Robinson 
Rancheria of Pomo Indians of California, through the RRCBC, hereby 
ordains as follows.

Article II Definitions

    As used in this title, the following words shall have the following 
meanings, unless the context clearly requires otherwise.
    Section 2.1. ``Alcohol'' means that substance known as ethyl 
alcohol, hydrated oxide of ethyl, or spirit of wine which is commonly 
produced by the fermentation or distillation of grain, starch, molasses 
or sugar, or other substances including dilutions and mixtures of this 
substance.
    Section 2.2. ``Alcoholic Beverage'' has the same meaning as the 
term ``liquor'' as defined in Article II, Section 5 of this Ordinance.
    Section 2.3. ``Bar'' means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises, of liquor, as herein defined.
    Section 2.4. ``Beer'' means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesome grain or cereal in pure 
water containing not more than four percent (4%) of alcohol by volume. 
For the purpose of this title, ``beer'' includes sake (Japanese rice 
wine), and any such beverage, including ale, stout, and porter, 
containing more than four percent (4%) of alcohol by weight shall be 
referred to as ``strong beer.''
    Section 2.5. ``Liquor'' means the four varieties of liquor herein 
defined (alcohol, spirits, wine and beer), and all fermented spiritous, 
vinous, or malt liquor or combinations thereof, and mixed liquor, or a 
part of which is fermented, spiritous, vinous, or malt liquor, or 
otherwise intoxicating; and every other liquid or solid or semisolid or 
other substance, patented or not, containing alcohol, spirits, wine or 
beer, and all drinks or drinkable liquids and all preparations or 
mixtures capable of human consumption, and any liquid, semisolid, 
solid, or other substances that contains more than one percent (1%) of 
alcohol by weight, shall be conclusively deemed to be intoxicating.
    Section 2.6. ``Liquor Store'' means any store at which liquor is 
sold in sealed pre-packaged form, and, for the purpose of this 
Ordinance, includes any store only a portion of which is devoted to the 
sale of liquor or beer.
    Section 2.7. ``Malt liquor'' means beer, strong beer, ale, stout 
and porter.
    Section 2.8. ``Package'' means any container or receptacle used for 
holding liquor.
    Section 2.9. ``Public Place'' includes gaming facilities, eating 
facilities and commercial or community facilities of every nature which 
are open to and/or are generally used by the public and to which the 
public is permitted to have unrestricted access; public conveyances of 
all kinds and character; and all other places of like or similar nature 
to which the general public has unrestricted access or to which the 
general public has been invited, and which generally are used by the 
public.
    Section 2.10. ``Sale'' and ``Sell'' means any exchange, barter, 
and/or traffic in liquor; and also includes the selling of or supplying 
or distributing, by any means whatsoever, of liquor, or of any liquid 
known or described as beer or by any name whatsoever commonly used to 
describe malt or brewed liquor, or of wine, by any person to any 
person. ``Sale'' and ``Sell'' includes conditional sales contracts, 
leases with options to purchase, and any other contract under which 
possession of property is given to the purchaser, buyer or consumer, 
but title is retained by the vendor, retailer,

[[Page 75271]]

manufacturer or wholesaler as security for payment of the purchase 
price. Specifically included is any transaction whereby, for any 
consideration, title or possession of alcoholic beverages is 
transferred from one person or entity to another, and includes the 
delivery of alcoholic beverages pursuant to an order placed for such 
beverages, or soliciting or receiving such beverages. ``Sale'' or 
``Sell'' does not include the gift of alcoholic beverages among family 
members or personal acquaintances in non-commercial circumstances,
    Section 2.11. ``Spirits'' means any beverage, which contains 
alcohol obtained by distillation, including wines exceeding seventeen 
percent (17%) of alcohol by weight.
    Section 2.12. ``RRCBC'' means the Robinson Rancheria Citizens 
Business Council as defined in Article IV of the Constitution of the 
Robinson Rancheria of Pomo Indians of California.
    Section 2.13. ``Tribal Council'' means the enrolled membership of 
the Robinson Rancheria eighteen years of age or older.
    Section 2.14. ``Tribal Land'' means any land within or without the 
exterior boundaries of the Robinson Rancheria that is held in trust by 
the United States for the Robinson Rancheria of Pomo Indians of 
California.
    Section 2.15. ``Wine'' means any alcoholic beverage obtained by 
fermentation of any fruits (grapes, berries, apples, etc.), or fruit 
juice and containing not more than seventeen percent (17%) of alcohol 
by weight, including sweet wines fortified with wine spirits, such as 
port, sherry, muscatel and angelica, not exceeding seventeen percent 
(17%) of alcohol by weight.

Article III Powers of Enforcement

    Section 3.1. The RRCBC, in furtherance of this Ordinance, shall 
have the following powers and duties:
    (a) To publish and enforce such rules and regulations governing the 
sale, manufacture and distribution of alcoholic beverages in public 
places on the Robinson Rancheria as the RRCBC may deem necessary;
    (b) To employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
RRCBC to perform its functions under this Ordinance.
    (c) To issue licenses permitting the sale, manufacture and/or 
distribution of liquor on the Robinson Rancheria;
    (d) To hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) To bring suit in any court of competent jurisdiction to enforce 
this Ordinance as the RRCBC determines is necessary;
    (f) To determine and seek damages for violation of this Ordinance;
    (g) To make reports to the Tribal Council at least semi-annually 
concerning the implementation of this Ordinance;
    (h) To set, levy and collect sales taxes and fees on liquor 
distribution, sales and/or consumption in commercial premises, and the 
issuance of liquor licenses, and to keep accurate records, books and 
accounts of such taxes and fees and expenditures therefrom; and
    (i) To exercise such other powers as the RRCBC may determine by 
duly-enacted resolution may be necessary to implement this Ordinance 
and accomplish its purposes.
    Section 3.2 Limitation on Powers. In the exercise of its powers and 
duties under this Ordinance, the RRCBC and its individual members and 
staff shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer or distributor, or from any licensee; 
or
    (b) Waive the immunity of the Robinson Rancheria of Pomo Indians of 
California from suit without the express and separate consent of the 
RRCBC.
    Section 3.3 Inspection Rights. The public places on or within which 
liquor is sold, distributed or consumed shall be open for inspection by 
the RRCBC at all reasonable times for the purposes of ascertaining 
compliance with this Ordinance and other regulations promulgated 
pursuant thereto. The RRCBC may delegate all or part of its inspection 
authority to the Robinson Rancheria Gaming Commission or other 
subordinate tribal entity or agency, or may contract with third parties 
for this purpose.

Article IV Sale of Liquor

    Section 4.1 License Required. No sales of alcoholic beverages shall 
be made on or within the exterior boundaries of the Robinson Rancheria 
or other Tribal Land as defined in this Ordinance, except at a business 
duly licensed by the RRCBC.
    Section 4.2 Sales for Cash. All liquor sales on the Robinson 
Rancheria or other Tribal Land shall be on a cash-only basis, and no 
credit shall be extended to any person, organization or entity in 
connection with any such sales, except that this provision does not 
prevent the payment for purchases with the use of cashier's or personal 
checks, money orders, payroll checks, or debit cards or credit cards 
issued by any federally-or state-regulated financial institution.
    Section 4.3 Sale for Personal Consumption. Except as may be 
specifically licensed by the RRCBC, all retail sales of liquor shall be 
for the personal use and consumption of the purchaser or members of the 
purchaser's household, including guests, who are over the age of 
twenty-one (21). Resale of any alcoholic beverage purchased within the 
exterior boundaries of the Reservation or other Tribal Land is 
prohibited. Any person who is not licensed pursuant to this Ordinance 
who purchases an alcoholic beverage within the boundaries of the 
Reservation or Tribal Land, and re-sells it, whether in the original 
container or not, shall be guilty of a violation of this Ordinance and 
shall be subjected to exclusion from the Reservation or other Tribal 
Land or liability for money damages of up to five hundred dollars 
($500), or both, as determined by the RRCBC after giving the alleged 
violator due notice and an opportunity to be heard concerning the fact 
of the alleged violation and the appropriateness of any penalty.

Article V Licensing

    Section 5.1 Procedure. In order to control the proliferation of 
establishments on the Reservation that sell or provide liquor by the 
bottle or by the drink, all persons or entities that desire to sell 
liquor within the exterior boundaries of the Robinson Rancheria or on 
other Tribal Land must apply to the RRCBC for a license to sell or 
provide liquor; provided, however, that no license is necessary to 
provide liquor for non-commercial purposes within a private single-
family residence on the Reservation for which no money is requested or 
paid.
    Section 5.2 State Licensing. No person shall be allowed or 
permitted to sell or provide liquor on the Robinson Rancheria if s/he 
does not also have a license from the State of California to sell or 
provide such liquor. If such license from the State is revoked or 
suspended, the Tribal license shall automatically be revoked or 
suspended as well.
    Section 5.3 Application. Any person applying for a license to sell 
or provide liquor on the Robinson Rancheria shall complete and submit 
an application provided for this purpose by the RRCBC, and pay such 
application fee as may be set from time to time by the RRCBC for this 
purpose. Incomplete applications will not be considered.
    Section 5.4 Issuance of License. The RRCBC may issue a license if 
it believes that the issuance of such license would

[[Page 75272]]

be in the best interest of the Robinson Rancheria of Pomo Indians of 
California, the residents of the Robinson Rancheria and the surrounding 
community. Licensure is a privilege, not a right, and the decision to 
issue any license rests in the sole discretion of the RRCBC.
    Section 5.5 Duration of License. Each license may be issued for a 
period not to exceed two (2) years from the date of issuance.
    Section 5.6 Renewal of License. A licensee may renew its license if 
it has complied in full with this Ordinance and has maintained its 
licensure with the State of California; however, the RRCBC may refuse 
to renew a license if it finds that doing so would not be in the best 
interests of the health and safety of the members of the Robinson 
Rancheria of Pomo Indians of California.
    Section 5.7 Suspension or Revocation of License. The RRCBC may 
suspend or revoke a license for reasonable cause upon notice and 
hearing at which the licensee shall be given an opportunity to respond 
to any charges against it and to demonstrate why the license should not 
be suspended or revoked. The licensee shall have the burden of going 
forward and proving by a preponderance of the evidence that the RRCBC 
should not suspend or revoke the license.
    Section 5.8 Transferability of Licenses. Licenses issued by the 
RRCBC shall not be transferable and may only be utilized by the persons 
or entities in whose name issued.

Article VI Taxes

    Section 6.1 Sales Tax. There is hereby levied and shall be 
collected a tax on each retail sale of alcoholic beverages on the 
Reservation in the amount of one percent (1%) of the retail sales 
price. The tax imposed by this section shall apply to all retail sales 
of liquor on the Reservation, and to the extent permitted by law shall 
preempt any tax imposed on such liquor sales by the State of 
California.
    Section 6.2 Payment of Taxes to the Tribe. All taxes from the sale 
of alcoholic beverages to the Robinson Rancheria shall be paid over to 
the General Treasury of the Robinson Rancheria of Pomo Indians of 
California and be subject to the distribution by the RRCBC in 
accordance with its usual appropriation procedures for essential 
governmental and social services, including operation of the RRCBC and 
administration of this Ordinance.
    Section 6.3 Taxes Due. All taxes upon the sale of alcoholic 
beverages on the Reservation are due on the first day of the month 
following the end of the calendar quarter for which the taxes are due. 
Past due taxes shall accrue interest at eighteen percent (18%) per 
annum.
    Section 6.4 Reports. Along with payment of the taxes imposed 
herein, the taxpayer shall submit an accounting for the quarter of all 
income from the sale or distribution of said beverages as well as for 
the taxes collected.
    Section 6.5 Audit. As a condition of obtaining a license, the 
licensee must agree to the review or audit of its books and records 
relating to the sale of alcoholic beverages on the Reservation. Said 
review or audit may be done periodically by the RRCBC through its 
agents or employees whenever in the discretion of the RRCBC such a 
review is necessary to verify the accuracy of reports.

Article VII Rules, Regulations and Enforcement

    Section 7.1. In any proceeding under this title, proof of one 
unlawful sale or distribution of liquor shall suffice to establish 
prima facie intent or purpose of unlawfully keeping liquor for sale, 
selling liquor or distributing liquor in violation of this title.
    Section 7.2. Any person who shall sell or offer for sale or 
distribute or transport in any manner any liquor in violation of this 
Ordinance, or who shall operate or shall have liquor in his/her 
possession without a license required by this Ordinance, shall be 
guilty of a violation of this Ordinance and subject to civil damages 
assessed by the RRCBC. Nothing in this Ordinance shall apply to the 
possession or transportation of any quantity of liquor by members of 
the Robinson Rancheria of Pomo Indians of California for their personal 
or other non-commercial use, and the possession, transportation, sale, 
consumption or other disposition of liquor outside public places on the 
Robinson Rancheria shall be governed solely by the laws of the State of 
California.
    Section 7.3. Any person within the boundaries of the Robinson 
Rancheria who, in a public place, buys liquor from any person other 
than at a properly-licensed facility shall be guilty of a violation of 
this Ordinance.
    Section 7.4. Any person who sells liquor to a person apparently 
under the influence of liquor shall be guilty of a violation of this 
Ordinance.
    Section 7.5. No person under the age of twenty-one (21) years shall 
consume, acquire or have in his/her possession any alcoholic beverages. 
Any person violating this section in a public place shall be guilty of 
a separate violation of this Ordinance for each and every drink so 
consumed.
    Section 7.6. Any person who, in a public place, shall sell or 
provide any liquor to any person under the age of twenty-one (21) years 
shall be guilty of a violation of this Ordinance for each such sale or 
drink provided.
    Section 7.7. Any person guilty of a violation of this Ordinance 
shall be liable to pay the Robinson Rancheria of Pomo Indians of 
California the amount of five hundred dollars ($500) per violation as 
civil damages to defray the Tribe's cost of enforcement of this 
Ordinance. The amount of such damages in each case shall be determined 
by the RRCBC based upon a preponderance of the evidence available to 
the RRCBC after the person alleged to have violated this Ordinance has 
been given due notice and an opportunity to respond to such 
allegations.
    Section 7.8. Whenever it reasonably appears to a licensed purveyor 
of liquor that a person seeking to purchase liquor is under the age of 
twenty-seven (27) years, the prospective purchaser shall be required to 
present any one of the following officially-issued cards of 
identification which shows his/her correct age and bears his/her 
signature and photograph:
    (a) Driver's license of any state or identification card issued by 
any state Department of Motor Vehicles;
    (b) United States Active Duty Military;
    (c) Passport; or
    (d) Gaming license, work permit or other identification issued by 
the RRCBC, if said license, permit or identification contains the 
bearer's correct age, signature and photograph.

Article VIII Abatement

    Section 8.1. Any public place where liquor is sold, manufactured, 
bartered, exchanged, given away, furnished, or otherwise disposed of in 
violation of the provisions of this Ordinance, and all property kept in 
and used in maintaining such place, is hereby declared to be a public 
nuisance.
    Section 8.2. The Tribal Chairperson, upon authorization by a 
majority of the RRCBC, or, if he/she fails to do so, a majority of the 
Tribal Council acting at a duly-called meeting at which a quorum is 
present, shall direct the tribal department of public safety or 
equivalent department of the tribal government to abate any such 
nuisance. If necessary, the RRCBC shall be authorized to institute and 
maintain an action in a court of competent jurisdiction in the name of 
the Robinson Rancheria of Pomo Indians of California to abate and 
perpetually enjoin any nuisance declared under this title. Upon 
establishment that probable cause exists

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to find that a nuisance exists, restraining orders, temporary 
injunctions and permanent injunctions may be granted in the cause as in 
other injunction proceedings, and upon final judgment against the 
defendant the court may also order the room, structure or place closed 
for a period of one (1) year or until the owner, lessee, tenant or 
occupant thereof shall give bond of sufficient sum of not less than 
twenty-five thousand dollars ($25,000) payable to the Robinson 
Rancheria of Pomo Indians of California and conditioned that liquor 
will not be thereafter manufactured, kept, sold, bartered, exchanged, 
given away, furnished or otherwise disposed of therein in violation of 
the provision of this Ordinance or of any other applicable tribal law, 
and that s/he will pay all fines, costs and damages assessed against 
him/her for any violation of this Ordinance or other Tribal laws. If 
any conditions of the bond should be violated, the whole amount may be 
recovered for the use of the Robinson Rancheria of Pomo Indians of 
California.
    Section 8.3. In all cases where any person has been found 
responsible for a violation of this Ordinance relating to manufacture, 
importation, transportation, possession, distribution and sale of 
liquor, an action may be brought in a court of competent jurisdiction 
to abate as a public nuisance the use of any real estate or other 
property involved in the violation of this Ordinance, and proof of 
violation of this Ordinance shall be prima facie evidence that the 
room, house, building, vehicle, structure, or place against which such 
action is brought, is a public nuisance. Unless a tribal court has been 
established or designated by contract at the time any such action is to 
be filed, the RRCBC shall sit as the tribal court for the purpose of 
ordering the abatement of such nuisance.

Article IX Profits

    Section 9.1. The gross proceeds collected by the RRCBC from all 
licensing of the sale of alcoholic beverages on the Robinson Rancheria, 
and from proceedings involving violations of this Ordinance, shall be 
distributed as follows:
    (a) First, for the payment of all necessary personnel, 
administrative costs, and legal fees incurred in the enforcement of 
this Ordinance; and
    (b) Second, the remainder shall be turned over to the General Fund 
of the Robinson Rancheria of Pomo Indians of California and expended by 
the RRCBC for governmental services and programs on the Robinson 
Rancheria.

Article X Severability and Effective Date

    Section 10.1. If any provision or application of this Ordinance is 
determined by judicial 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.
    Section 10.2. 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.
    Section 10.3. Any and all prior enactments of the Robinson 
Rancheria of Pomo Indians of California that are inconsistent with the 
provisions of this Ordinance are hereby rescinded and repealed.
    Section 10.4. All acts and transactions under this Ordinance shall 
be in conformity with the laws of the State of California as that term 
is used in 18 U.S.C. 1154, but only to the extent required by the laws 
of the United States.

Article XI Amendment

    This Ordinance may only be amended by majority vote of the RRCBC 
attending a duly-noticed meeting at which a quorum is present.

Article XII Certification and Effective Date

    This Ordinance was passed at a duly-held, noticed and convened 
meeting of the Robinson Rancheria Citizens Business Council at which a 
quorum of at least four (4) members was present, by a vote of 3 for, 0 
against and 0 abstaining, on the 21st day of March 2003, as certified 
and attested to by the Chairperson and Secretary-Treasurer of the 
Robinson Rancheria of Pomo Indians of California and shall be effective 
upon approval by the Secretary of the Interior or his designee as 
provided by Federal law.

Clara Wilson,
Chairperson.

Nicholas Medina,
Secretary-Treasurer.
[FR Doc. 03-32042 Filed 12-29-03; 8:45 am]
BILLING CODE 4310-45-P