[Federal Register Volume 69, Number 44 (Friday, March 5, 2004)]
[Notices]
[Pages 10464-10468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4941]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Alturas Indian Rancheria of California Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Alturas Indian Rancheria of 
California Liquor Control Ordinance. The

[[Page 10465]]

ordinance regulates and controls the importation, distribution, 
possession, consumption and sale of alcohol within the boundaries of 
the Alturas Indian Rancheria.

EFFECTIVE DATE: This Ordinance is effective on March 5, 2004.

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 General Council of the Alturas 
Indian Rancheria of California adopted a Liquor Control Ordinance on 
August 29, 2003. The purpose of this ordinance is to govern the 
importation, distribution, possession, consumption, and sale of liquor 
within the boundaries of the Alturas Indian Rancheria, California.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. Amendments to the ordinance are subject to the approval of the 
Assistant Secretary for Indian Affairs and published in the Federal 
Register before the amendments become effective.
    I certify that the Alturas Indian Rancheria Liquor Control 
Ordinance was duly adopted by the General Council of the Alturas Indian 
Rancheria through General Council Resolution No. 03-003 by a vote of 
four (4) for, zero (0) against, and zero (0) abstaining, on August 29, 
2003.

    Dated: February 27, 2004.
Dave Anderson,
Assistant Secretary--Indian Affairs.

    The Alturas Indian Rancheria Liquor Control Ordinance reads as 
follows:

The Alturas Indian Rancheria Liquor Control Ordinance

As Adopted by General Council Resolution No. 03-0003 on August 29, 2003

Article I--Declaration of Public Policy and Purpose

    Section 1.1. The importation, distribution, possession, consumption 
and sale of liquor within the boundaries of the Alturas Indian 
Rancheria is a matter of special concern to the members of the Alturas 
Indian Rancheria (the ``Tribe'').
    Section 1.2. Federal law, as codified at 18 U.S.C. 1154 and 1161, 
currently prohibits the introduction of liquor into Indian country, 
except in accordance with State law and the duly enacted law of the 
Tribe. By adoption of this Ordinance, it is the intention of the 
Alturas Indian Rancheria General Council to establish tribal law 
regulating the sale, distribution and consumption of liquor on tribal 
lands and to ensure that such activity conforms to all applicable 
provisions of the laws of the State of California.
    Section 1.3. The General Council, according to article VII, section 
3, (a) of the Constitution and Bylaws of the Alturas Indian Rancheria 
(the ``Constitution'') as the governing body of the Tribe is endowed 
with the power to (i) promulgate all ordinances, resolutions, and other 
enactments of the Alturas Indian Rancheria; and (ii) to represent the 
members in all negotiations between the Tribe and local, state and 
Federal Government, their agencies and officers. The General Council 
has determined that it is in the best interest of the Tribe to enact a 
tribal ordinance governing the importation, distribution, sale, 
possession, and consumption of liquor within the boundaries of the 
Alturas Indian Rancheria (the ``Rancheria''). By General Council 
Resolution No. 03-0003, the General Council has adopted this Ordinance 
for the regulation of the importation, distribution, sale, possession 
and consumption of liquor on the Rancheria.
    Section 1.4. The General Council has determined that the purchase, 
distribution and sale of liquor shall take place only at duly licensed 
(i) tribally-owned enterprises; (ii) tribally-licensed establishments; 
and (iii) tribally-sanctioned Special Events, all as operating on 
tribal lands.
    Section 1.5. The General Council has determined that any 
importation, possession, consumption, sale or other commercial 
distribution of liquor on the Rancheria, other than sales and 
distribution in strict compliance with this Ordinance, is detrimental 
to the health, safety and welfare of the members of the Tribe and is 
therefore prohibited.
    Section 1.6. Based upon the foregoing findings and determinations, 
the General Council hereby enacts this Liquor Control Ordinance (this 
``Ordinance'') as follows:

Article II--Definitions

    As used in this Ordinance, 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 herein.
    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 at 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, 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. General Council means the duly elected entity, elected 
by the General Council pursuant to the Constitution.
    Section 2.6. Constitution is the Constitution and Bylaws of the 
Alturas Indian Rancheria, adopted by the Tribe on April 18, 1972, and 
approved by the Secretary of the Interior on May 30, 1972.
    Section 2.7. Gaming Commission is the Tribal Gaming body appointed 
in accordance with the duly adopted and approved Tribal Gaming 
Ordinance of the Alturas Indian Rancheria.
    Section 2.8. Gaming Compact means the federally approved Tribal-
State Compact, dated October 8, 1999, between the State of California 
and the Tribe.
    Section 2.9. Liquor means the four varieties of liquor herein 
defined (alcohol, spirits, wine and beer), and all fermented 
spirituous, vinous, or malt liquor or combinations thereof and mixed 
liquor, or a part of which is fermented, spirituous, 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

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that contains more than one percent (1%) of alcohol by weight, shall be 
conclusively deemed to be intoxicating.
    Section 2.10. Liquor Store means any store at which liquor is sold 
and, for the purpose of this Ordinance, including any store only a 
portion of which is devoted to the sale of liquor or beer.
    Section 2.11. Licensed Wholesaler means a wholesale seller of 
liquor that is duly licensed by the Tribe and the State.
    Section 2.12. Malt liquor means beer, strong beer, ale, stout and 
porter.
    Section 2.13. Package means any container or receptacle used for 
holding liquor.
    Section 2.14. Public Place includes gaming 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, and which generally are 
used by the public.
    Section 2.15. Sale and Sell mean any exchange, barter, and traffic; 
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.
    Section 2.16. Special Event means any social, charitable or for-
profit discreet activity or event conducted by the General Council or 
any tribal enterprise on tribal lands at which liquor is sold or 
proposed to be sold.
    Section 2.17. Spirits means any beverage, which contains alcohol 
obtained by distillation, including wines exceeding seventeen percent 
(17%) of alcohol by weight.
    Section 2.18. State Law means the duly enacted applicable laws and 
regulations of the State of California, specifically, Division 9--
Alcoholic Beverages, as set forth at California Business and 
Professions Code Division 9, Sections 23000 through 25762, as amended 
from time to time, and all applicable provisions of the Compact.
    Section 2.19. Tribe means the Alturas Indian Rancheria, located in 
Modoc County, California.
    Section 2.20. Tribal Enterprise means any business entity, 
operation or enterprise owned, in whole or in part, by the Tribe.
    Section 2.21. Tribal Land means all land within the exterior 
boundaries of the Alturas Indian Rancheria that is held in trust by the 
United States for the benefit of the Tribe.
    Section 2.22. 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--Enforcement

    Section 3.1. General Council Powers. The General Council or its 
designees, in furtherance of this Ordinance, shall have the power and 
duty to:
    (a) Publish and enforce such rules and regulations governing the 
purchase, sale, consumption and distribution of alcoholic beverages in 
public places on the Alturas Indian Rancheria as the General Council 
deems necessary.
    (b) Employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
General Council to exercise its authority as set forth in this 
Ordinance.
    (c) Issue licenses permitting the sale and/or distribution of 
Liquor on the Alturas Indian Rancheria.
    (d) Hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) Bring suit in the appropriate court to enforce this Ordinance 
as necessary;
    (f) Determine and seek damages for violation of this Ordinance;
    (g) Publish notices and make such reports to the General Council as 
may be appropriate;
    (h) Collect sales taxes and fees levied or set by the General 
Council on liquor sales and the issuance of liquor licenses, and to 
keep accurate records, books and accounts;
    (i) Take or facilitate all action necessary to follow or implement 
applicable provisions of State law and Federal law as required;
    (j) Cooperate with appropriate State of California authorities for 
purposes of prosecution of any violation of any criminal law of the 
State of California; and
    (k) Exercise such other powers as may be delegated from time to 
time by the General Council.
    Section 3.2. Limitation on Powers. In the exercise of its powers 
and duties under this Ordinance, the General Council and its individual 
members, employees and agents 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 Tribe from suit except by express 
resolution of the General Council, such waiver being subject to the 
following limitations: the waiver must be transaction specific, limited 
as to duration and beneficiary, include a provision that limits 
recourse only to specified assets or revenues of the Tribe or a tribal 
entity, and specifies the process and venue for dispute resolution, 
including applicable law.
     Section 3.3. Inspection Rights. The public places on or within 
which liquor is sold or distributed shall be open for inspection by the 
General Council or its designees at all reasonable times for the 
purposes of ascertaining compliance with this Ordinance and other 
regulations promulgated pursuant hereto.

Article IV--Liquor Sales

    Section 4.1. License Required. No distribution or sales of liquor 
shall be made on or within public places within the exterior boundaries 
of the Alturas Indian Rancheria, except at a duly licensed and 
authorized Special Event, a Tribal Enterprise, Bar, or Liquor Store 
located on tribal lands.
    Section 4.2. Sales for Cash. All liquor sales within the 
Reservation boundaries 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 payment for purchases with the use 
of cashiers or personal checks, payroll checks, debit credit cards or 
credit cards issued by any financial institution.
    Section 4.3. Sale For Personal Consumption. Except for sales by 
Licensed Wholesalers, all sales shall be for the personal use and 
consumption of the purchaser or members of the purchaser's household, 
including guests, who have attained a minimum age of twenty-one (21). 
Resale of any alcoholic beverage purchased within the exterior 
boundaries of the Reservation is prohibited. Any person who is not 
licensed pursuant to this Ordinance who purchases an alcoholic beverage 
within the boundaries of the Reservation 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 tribal lands or 
liability for money damages of up to five hundred dollars ($500), as 
determined by the Tribal Gaming Commission after notice and an 
opportunity to be heard.
    Section 4.4. Compliance Required. All distribution, sale and 
consumption of liquor on tribal lands shall be in compliance with this 
Ordinance including all applicable provisions of State law and 
applicable Federal law.

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Article V--Licensing

    Section 5.1. Licensing Procedures. 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, whether wholesale or retail, within the exterior 
boundaries of the Alturas Indian Rancheria must apply to the General 
Council for a license to sell or provide liquor; provided, however, 
that no license is necessary to provide liquor within a private single-
family residence on the Reservation for which no money is requested or 
paid.
    Section 5.2. State Licensing. In the event dual tribal and State 
licenses are required by State law, no person shall be allowed or 
permitted to sell or provide liquor on the Alturas Indian Rancheria 
unless such person is also licensed by the State of California, as 
required, to sell or provide such liquor. If any such license from the 
State is revoked or suspended, any applicable tribal license shall 
automatically be revoked or suspended.
    Section 5.3. Application. Any person applying for a license to sell 
or provide liquor on the Alturas Indian Rancheria shall complete and 
submit an application provided for this purpose by the General Council 
and pay such application fee as may be set from time-to-time by the 
General Council for this purpose. An incomplete application will not be 
considered. The General Council shall establish licensing procedures 
and application forms for wholesalers, retailers and special events.
    Section 5.4. Issuance of License. The General Council may issue a 
license if it believes that such issuance is in the best interest of 
the Tribe, the residents of the Alturas Indian 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 
General Council.
    Section 5.5. Period 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, as required; however, the 
General Council 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 Tribe and the other residents of the Alturas Indian 
Rancheria.
    Section 5.7. Revocation of License. The General Council may 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.
    Section 5.8. Transferability of Licenses. Licenses issued by the 
General Council shall not be transferable and may only be utilized by 
the person or entity in whose name it was issued.

Article VI--Taxes

    Section 6.1. Sales Tax. The General Council shall have the 
authority to impose a sales tax on all wholesale and retail liquor 
sales that take place on tribal lands. Such tax may be implemented by 
duly enacted resolution of the General Council, as supplemented by 
regulations adopted pursuant to this Ordinance. Any tax imposed by 
authority of this section shall apply to all retail and wholesale sales 
of liquor on tribal lands, 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 imposed 
pursuant to this Article VI shall be paid over to the General Treasury 
of the Tribe and be subject to the distribution by the General Council 
in accordance with its usual appropriation procedures for essential 
governmental functions and social services, including administration of 
this Ordinance.

Article VII--Rules, Regulations and Enforcement

    Section 7.1. Evidence. 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 Ordinance.
    Section 7.2. Civil Violations. 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 have liquor in his/her 
possession for distribution or resale without a permit, shall be guilty 
of a violation of this Ordinance subjecting him/her to civil damages 
assessed by the General Council. Nothing in this Ordinance shall apply 
to the possession or transportation of any quantity of liquor by 
members of the Tribe or other persons located on tribal lands for their 
personal or other noncommercial use, and the possession, 
transportation, sale, consumption or other disposition of liquor 
outside public places on the Alturas Indian Rancheria shall be governed 
solely by the laws of the State of California.
    Section 7.3. Illegal Purchases. Any person within the boundaries of 
the Alturas Indian 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. Sale to Intoxicated Person. 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. Providing Liquor to Underage Person. No person under 
the age of twenty-one (21) years shall serve, 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. Selling Liquor to Underage Person. 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. Civil Penalty. Any person guilty of a violation of 
this Ordinance shall, be liable to pay the Tribe the amount of two 
hundred fifty dollars ($250) per violation as civil damages to defray 
the Tribe's cost of enforcement of this Ordinance. The payment of such 
damages in each case shall be determined by the General Council based 
upon a preponderance of the evidence available to the General Council 
after the person alleged to have violated this Ordinance has been given 
notice, hearing and an opportunity to respond to such allegations.
    Section 7.8. Identification Requirement. 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), 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:
    (1) Drivers license of any State or identification card issued by 
any State Department of Motor Vehicles;
    (2) United States Uniformed Services identification documents;
    (3) Passport; or
    (4) Gaming license or work permit issued by the Tribal Gaming 
Commission, if said license or permit contains the bearer's correct 
age, signature and photograph.

[[Page 10468]]

Article VIII--Abatement

    Section 8.1. Public Nuisance Established. 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. Abatement of Nuisance. The Tribal Chairperson, upon 
authorization by a majority of the General Council or, if he/she fails 
to do so, a majority of the General Council acting at a duly-called 
meeting at which a quorum is present, shall institute and maintain an 
action in a court of competent jurisdiction in the name of the Tribe to 
abate and perpetually enjoin any nuisance declared under this title. 
Upon establishment that probable cause exists 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 five thousand dollars 
($5,000) payable to the Tribe and conditioned that liquor will not be 
thereafter manufactured, kept, sold, bartered, exchanged, given away, 
furnished or otherwise disposed of thereof in violation of the 
provision of this title 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 title or other Tribal liquor laws. If any 
conditions of the bond should be violated, the whole amount may be 
recovered for the use of the Tribe.
    Section 8.3. Evidence. 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 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 fade 
evidence that the room, house, building, vehicle, structure, or place 
against which such action is brought, is a public nuisance.

Article IX--Use of Proceeds

    Section 9.1. Application of Proceeds. The gross proceeds collected 
by the General Council from all Licensing of the sale of alcoholic 
beverages on tribal lands and from fines imposed as a result of 
violations of this Ordinance, shall be applied 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 Tribe and expended by the General Council for governmental 
services and programs on tribal lands.

Article X--Miscellaneous Provisions

    Section 10.1. Severability and Savings Clause. If any provision or 
application of this Ordinance is determined by judicial review to be 
invalid, such provision shall be deemed ineffective and void, but shall 
not render ineffectual the remaining portions of this Ordinance, which 
shall remain in full force and effect.
    Section 10.2. Effective Date. This Ordinance shall be effective as 
of the date on which the Secretary of the Interior certifies this 
Ordinance and publishes the same in the Federal Register.
    Section 10.3. Repeal of Prior Acts. Any and all prior resolutions, 
laws, regulations or ordinances pertaining to the subject matter set 
forth in this Ordinance are hereby rescinded and repealed in their 
entirety.
    Section 10.4. Conformance with State Law and Federal Law. All acts 
and transactions under this Ordinance shall be in conformity with the 
Compact, the laws of the State of California and applicable Federal Law 
as that term is used in 18 U.S.C. 1161, but only to the extent required 
by the laws of the United States.

Article XI--Amendments

    This Ordinance may be amended only pursuant to a duly enacted 
Resolution of the General Council, with certification by the Secretary 
of the Interior and publication in the Federal Register, if required.

Wendy Del Rosa,

Chairperson.

Phillip Del Rosa,

Secretary-Treasurer.

[FR Doc. 04-4941 Filed 3-4-04; 8:45 am]
BILLING CODE 4310-4J-P