[Federal Register Volume 69, Number 90 (Monday, May 10, 2004)]
[Notices]
[Pages 25918-25922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10531]


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

DEPARTMENT OF INTERIOR

Bureau of Indian Affairs


Coyote Valley Reservation of California Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Coyote Valley Reservation of 
California Liquor Ordinance. The ordinance regulates and controls the 
possession and sale of liquor on the Coyote Valley Reservation of 
California.

EFFECTIVE DATE: This Ordinance is effective on May 10, 2004.

[[Page 25919]]


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 Coyote Valley 
Band of Pomo Indians adopted a Tribal Liquor Ordinance on March 6, 
2003. The purpose of this ordinance is to regulate and to control the 
possession and sale of liquor on the Coyote Valley Reservation of 
California.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 DM 8.
    I certify that the Liquor Control Ordinance of the Coyote Band of 
Pomo Indians was duly adopted by the Coyote Valley Tribal Council by 
enactment of Council Resolution No. 03-06-03 on March 6, 2003.

David W. Anderson,

Assistant Secretary--Indian Affairs.

    The Liquor Control Ordinance of the Coyote Valley Band of Pomo 
Indians reads as follows:

Ordinance No. 03-01-03; Liquor Control Ordinance of the Coyote Valley 
Band of Pomo Indians

Chapter I--Introduction

    101. Title. This Ordinance shall be known as the ``Liquor Ordinance 
of the Coyote Valley Band of Pomo Indians.''
    102. Authority. This ordinance is enacted pursuant to the Act of 
August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161), 
pursuant to the Tribe's inherent sovereign authority and Article VII 
Sections 1(i) and (n) of the Document Embodying the Laws, Customs and 
Traditions of the Coyote Valley Band of Pomo Indians adopted on October 
4, 1980, under which the Band has been operating, as well as any other 
applicable laws.
    103. Purpose. The purpose of the Liquor Ordinance is to regulate 
and to control the possession and sale of liquor on the Coyote Valley 
Reservation. The enactment of a tribal ordinance governing liquor 
possession and sale on the Reservation will increase the ability of the 
tribal government to control Reservation liquor distribution and 
possession, and at the same time will provide an important source of 
revenue for the continued operation and strengthening of the tribal 
government and the delivery of tribal government services.
    104. Tribal Jurisdiction. This ordinance applies to all lands in 
which the Coyote Valley Band of Pomo Indians holds an ownership 
interest and which are defined as Indian country under 18 U.S.C 1151. 
At the time of enacting this ordinance the Reservation does not have an 
ownership interest in any lands defined by 18 U.S.C. 1154(c) as fee-
patented land in a non-Indian community or rights-of-ways which run 
through the Reservation's lands. This ordinance is intended to be in 
conformity with the California State alcohol laws as required by 18 
U.S.C. 1161.

Chapter 2--Definitions

    201. As used in this Liquor Ordinance, the following words shall 
have the following meanings unless the context clearly requires 
otherwise.
    202. Alcohol means that substance known as ethyl alcohol, hydrated 
oxide of alcohol, or spirit of wine which is commonly produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substance including all dilutions of this substance.
    203. Alcoholic Beverage is synonymous with the term ``Liquor'' as 
defined in section 208 of this chapter.
    204. Bar means any establishment with special space and 
accommodations for sale by the glass and or for consumption on the 
premises of any liquor or alcoholic beverage, as herein defined.
    205. Beer means any beverage obtained by the alcoholic fermentation 
of an infusion or concoction of pure hops, or pure extract of hops, or 
pure extract of hops and pure barley malt or other wholesome grain of 
cereal in pure water containing not more than four percent of alcohol 
by volume. For the purpose of this title, any such beverage, including 
ale, stout, and porter, containing more than four percent of alcohol by 
weight shall be referred to as ``Strong Beer.''
    206. The Tribal Council as used herein means the body authorized by 
the 1980 Coyote Valley Tribal Constitution to promulgate all tribal 
ordinances and regulations.
    207. Liquor includes the four varieties of liquor herein defined 
(alcohol, spirits, wine, and beer), and all fermented spirituous, 
vinous, or malt liquor or combination thereof, and mixed liquor, or 
otherwise intoxicating; and every liquid of 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 
substance which contains more than one percent of alcohol by weight 
shall be conclusively deemed to be intoxicating.
    208. Liquor Store means any store at which liquor is sold and, for 
the purpose of this Liquor Ordinance, includes stores only a portion of 
which are devoted to the sale of liquor or beer.
    209. Malt Liquor means beer, strong beer, ale, stout, and porter.
    210. Package means any container or receptacle used for holding 
liquor.
    211. Public Place includes state or county or Tribal or federal 
highways or roads; buildings and grounds used for school/recreational 
purposes; public dance halls and grounds adjacent thereto, soft drink 
establishment; public meeting halls; lobbies, halls and dining rooms of 
hotels, restaurants, theater, gaming facilities, entertainment centers, 
store, garages, and filling stations which are open to and/or generally 
used by the public and to which the public is permitted to have 
unrestricted access; public conveyances of all kinds of character; and 
other places of like or similar nature to which the general public has 
unrestricted right of access, and which are generally used by the 
public. For the purpose of this Liquor Ordinance, ``Public Place'' 
shall also include any establishment other than a single family home 
which is designed for or may be used by more than just the owner of the 
establishment.
    212. Reservation means lands held in trust by the United States 
Government for the benefit of the Coyote Valley Band of Pomo Indians 
(see also Tribal Land).
    213. Sale and Sell include exchange, barter and traffic and also 
include the selling 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 wine by any person to any person.
    214. Spirits means any beverage which contains alcohol obtained by 
distillation including wines exceeding seventeen percent of alcohol by 
weight.
    215. Tribe means the Coyote Valley Band of Pomo Indians.
    216. Tribal Lands mean any lands within the exterior boundaries of 
the Reservation including land leased to other parties.
    217. Trust Account means the account designated by the Tribal 
Council for deposit of proceeds from any tax or fee

[[Page 25920]]

levied by the Tribal Council and relating to the sale of alcoholic 
beverages.
    218. Trust Agent means the Tribal Chairperson and his or her 
designee.
    219. Wine means any alcoholic beverage obtained by fermentation of 
fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during or after fermentation, and containing not more 
than seventeen percent of alcohol by weight, including sweet wines, 
fortified with wine spirits such as port, sherry, muscatel and 
angelica, not exceeding seventeen percent of alcohol by weight.

Chapter III--Powers of Enforcement

    301. Powers. The Tribal Council, in the furtherance of this Liquor 
Ordinance, shall have the following powers and duties:
    (a) To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of alcoholic beverages on the 
Reservation;
    (b) To employ managers, accountants, security personnel, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Tribal Council to perform its functions; all such employees 
shall be Tribal employees;
    (c) To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Reservation;
    (d) To hold hearings on violations of this Liquor Ordinance or for 
the issuance or revocation of licenses hereunder pursuant to sections 
501 through 506;
    (e) To bring suit in the appropriate court to enforce this Liquor 
Ordinance as necessary;
    (f) To determine and seek damages for the violation of this Liquor 
Ordinance; and
    (g) To collect taxes and fees levied or set by the Tribal Council, 
and to keep accurate records, books and accounts.
    302. Limitation on Powers. In the exercise of its powers and duties 
under this Liquor Ordinance, the Tribal Council and its individual 
members shall not accept any gratuity, compensation or other thing of 
value from any licensee or any liquor wholesaler, retailer or 
distributor.
    303. Inspection Rights. The premises on which liquor is sold or 
distributed shall be open for inspection by the Tribal Council or its 
designee at all reasonable times, which include the hours the business 
is open to the public, for the purpose of ascertaining whether the 
rules or regulations of the Liquor Ordinance are being followed.

Chapter IV--Sales of Liquor

    401. Tribal Liquor License Required; Tribally Owned Businesses. No 
sales of alcoholic beverages shall be made within the exterior 
boundaries of the Reservation except at a tribally licensed or tribally 
owned business licensed by both the Tribe and the State of California. 
Nothing in this section shall prohibit a tribal licensee or the Tribe 
from purchasing liquor from an off-reservation source for resale on the 
Reservation or the delivery to the Tribe for a tribal licensee of 
liquor purchased from off-reservation sources for resale on the 
Reservation.
    402. Sale only on Tribal Land. All liquor sales within the exterior 
boundaries of the Reservation shall be on Tribal Land, including leases 
thereon.
    403. 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 use of ATM cards, debit cards, or major 
credit cards such as MasterCard, Visa, American Express, etc.
    404. Sales for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any alcoholic 
beverage purchased within the exterior boundaries of the Reservation is 
prohibited. Any person who is not licensed pursuant to this Liquor 
Ordinance who purchases an alcoholic beverage within the boundaries of 
the Reservation, and sells it, whether in the original container or 
not, shall be guilty of a violation of this Liquor Ordinance and shall 
be subject to paying damages to the Tribe as set forth herein.

Chapter V--Licensing

    501. Application for Tribal Liquor License Requirements. No Tribal 
license shall be issued under this Liquor Ordinance except upon a sworn 
application filed with the Tribal Council containing a full and 
complete showing of the following:
    (a) Satisfactory proof that the applicant is or will be duly 
licensed by the State of California to sell alcoholic beverages;
    (b) Satisfactory proof that the applicant is of good character and 
reputation and that the applicant is financially responsible;
    (c) The description of the premises in which the alcoholic 
beverages are to be sold and proof that the applicant is the owner of 
such premises or the lessee of such premises for at least the term of 
the license;
    (d) Agreement by the applicant to accept and abide by all 
conditions of the Tribal license;
    (e) Payment of a fee established from time to time by the Tribal 
Council. Said fee is established initially at two hundred and fifty 
dollars ($250.00) but can be changed by Tribal Council resolution at 
any time;
    (f) Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any principal owner, officer, shareholder, or 
director of the applicant, if an entity, has ever been convicted of a 
felony or a crime of moral turpitude as defined by the laws of the 
State of California; and
    (g) Satisfactory proof that the notice of application has been 
posted in a prominent, noticeable place on the premises where alcoholic 
beverages are to be sold for at least 30 days prior to consideration by 
the Tribal Council and has been published at least twice in such local 
newspaper serving the community that may be affected by the license as 
the Tribal Council may authorize. The notice shall state the date, 
time, and place when the application shall be considered by the Tribal 
Council pursuant to section 502 of this ordinance.
    502. Hearing on Application for Tribal Liquor License. All 
applications for a Tribal Liquor License shall be considered by the 
Tribal Council in open session at which the applicant, his, her or its 
attorney, and any persons protesting the application shall have the 
right to be present, and to offer sworn, oral or documentary evidence 
relevant to the application. After the hearing, the Tribal Council, by 
secret ballot, shall determine whether to grant or deny the application 
based on: (1) Whether the requirements of section 501 have been met; 
and (2) whether the Tribal Council, in its discretion, determines that 
granting the license is in the best interest of the Tribe. In the event 
that the applicant is a member of the immediate family of a Tribal 
Council member, such Tribal Council member shall not vote on the 
application or participate in the hearings as a Tribal Council member. 
For purposes of this section ``immediate family member'' shall be 
defined as mother, father, brother, sister spouse or child.
    503. Temporary Permits. The Tribal Council or its designee may 
grant a temporary permit for the sale of liquor for a period not to 
exceed three (3) days to any person applying for the same in connection 
with a Tribal or community activity, provided that the applicable 
conditions prescribed in section 504 of this Liquor Ordinance shall be 
observed by the permittee. Each permit issued

[[Page 25921]]

shall specify the types of alcoholic beverages to be sold. Further, a 
fee of fifty dollars ($50.00) will be assessed on temporary permits.
    504. Conditions of a Tribal Liquor License. Any tribal liquor 
license issued under this Liquor Ordinance shall be subject to such 
reasonable conditions as the Tribal Council shall fix, including but 
not limited to, the following;
    (a) The license shall be for a term not to exceed one (1) year.
    (b) The licensee shall at all times maintain an orderly, clean and 
neat establishment, both inside and outside the licensed premises.
    (c) The licensed premises shall be subject to patrol by Tribal law 
enforcement personnel and other such law enforcement officials as may 
be authorized under federal, California or Tribal law.
    (d) The licensed premises shall be open to inspection by duly 
authorized Tribal officials at all times during the regular business 
hours.
    (e) Subject to the provisions of subsection ``g'' of this section, 
no liquor or alcoholic beverages shall be sold, served, disposed of, 
delivered, or given to any person, or consumed on the licensed premises 
except in conformity with the hours and days prescribed by the laws of 
the State of California, and in accordance with the hours fixed by the 
Tribal Council, provided that the licensed premises shall not operate 
or open earlier, or operate or close later, than is permitted by the 
laws of the State of California.
    (f) No liquor shall be sold within 200 feet of a polling place on 
Tribal election days, or when a referendum or initiative is held of the 
voting members of the Tribe, and including special days of observation 
as designated by the Tribal Council.
    (g) All acts and transactions under the authority of the Tribal 
liquor license shall be in conformity with the laws of the State of 
California, with this Liquor Ordinance, and with any Tribal liquor 
license issued pursuant to this Liquor Ordinance.
    (h) No person under the age permitted under the laws of the State 
of California shall be sold, served, delivered, given, or allowed to 
consume alcoholic beverages in the licensed establishment or area.
    (i) There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.
    505. Licenses not a Property Right. Notwithstanding any other 
provision of this Liquor Ordinance, a Tribal liquor license is a mere 
permit for a fixed duration of time. 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 ordinance give rise to a presumption of 
legal entitlement to a license/permit in a subsequent time period.
    506. Assignment or Transfer. No Tribal license issued under this 
Liquor Ordinance shall be assigned or transferred without the prior 
written approval of the Tribal Council expressed by formal resolution.

Chapter VI--Regulations and Enforcement

    601. Sale or Possession with Intent to Sell Without a Permit. Any 
person who shall sell or offer for sale or distribute or transport in 
any manner, any liquor in violation of this Liquor Ordinance, or who 
shall operate or shall have liquor in his or her possession with intent 
to sell or distribute without a license or permit, shall be guilty of a 
violation of this Liquor Ordinance.
    602. Purchase From Other Than Licensed or Allowed Facilities. Any 
person who, within the boundaries of the Reservation, buys liquor from 
any person other than at a properly licensed or allowed facility shall 
be guilty of a violation of this Liquor Ordinance.
    603. Sales to Persons under the Influence of Liquor. Any person who 
sells Liquor to a person apparently under the influence of liquor shall 
be guilty of a violation of this Liquor Ordinance.
    604. Consuming Liquor in Public Conveyance. Any person engaged 
wholly or in part in the business of carrying passengers for hire, and 
every agent, servant or employee of such person who shall knowingly 
permit any person to drink any liquor in any public conveyances shall 
be guilty of an offense. Any person who shall drink any liquor in a 
public conveyance shall be guilty of a violation of this Liquor 
Ordinance.
    605. Consumption or Possession of Liquor by Persons Under 21 Years 
of Age. No person under the age of 21 years shall consume, acquire or 
have in his or her possession any alcoholic beverage. No person shall 
permit any other person under the age of 21 years to consume liquor on 
his premises or any premises under his control except in those 
situations set out in this Section. Any person violating this Section 
shall be guilty of a separate violation of this Liquor Ordinance for 
each and every drink consumed.
    606. Sales of Liquor to Persons Under 21 Years of Age. Any person 
who shall sell or provide liquor to any person under the age of 21 
years shall be guilty of a violation of this Liquor Ordinance for each 
sale or drink provided.
    607. Transfer of Identification to a Minor. Any person who 
transfers in any manner an identification of age to a minor for purpose 
of permitting such minor to obtain liquor shall be guilty of an 
offense; provided that corroborative testimony of a witness other than 
the minor shall be a requirement of finding a violation of this Liquor 
Ordinance.
    608. Use of False or Altered Identification. Any person who 
attempts to purchase an alcoholic beverage through the use of false or 
altered identification shall be guilty of a violation of this Liquor 
Ordinance.
    609. Acceptable Identification. Where there may be the question of 
a person's right to purchase liquor by reason of his or her age, such 
person shall be required to present any of the following cards of 
identification which shows his or her correct age and bears his or her 
signature and photograph:
    (1) A driver's license of any state or identification card issued 
by any state department of motor vehicles;
    (2) United States active military duty; or
    (3) A passport.
    610. Violations of this Liquor Ordinance. Any person guilty of a 
violation of this Ordinance shall be liable to pay the Tribe a civil 
fine not to exceed $500 per violation as civil damages to defray the 
Tribe's cost of enforcement of this Liquor Ordinance. In addition to 
any penalties so imposed, any license or permit issued hereunder may be 
suspended or cancelled by the Tribal Council for the violation of any 
of the provisions of this Liquor Ordinance, or of the Tribal license or 
permit, upon hearing before the Tribal Council after ten (10) days 
notice to the licensee. The decision of the Tribal Council shall be 
final and no appeal therefrom allowed. The Tribal Council shall grant 
all persons in any hearing regarding violations, penalties, or license 
suspension or cancellations under this Ordinance all the rights and due 
process granted by the Indian Civil Rights Act, 25 U.S.C. 1302 et seq. 
Notice of a Tribal Council hearing regarding an alleged violation of 
this Ordinance shall be given to the affected individual(s) or 
entity(ies) at least 10 days in advance of the hearing. The notice will 
be delivered in person or by certified mail with the Tribal Council 
retaining proof of service. The notice will set out the right of the 
alleged violator to be represented by counsel retained by the alleged 
violator the right to speak and present witnesses and to cross examine 
any witnesses against them.
    611. Possession of Liquor Contrary to This Liquor Ordinance. 
Alcoholic beverages which are possessed contrary

[[Page 25922]]

to the terms of this Liquor Ordinance are declared to be contraband. 
Any Tribal agent, employee or officer who is authorized by the Tribal 
Council to enforce this section shall have the authority to, and shall, 
seize all contraband.
    612. Disposition of Seized Contraband. Any officer seizing 
contraband shall preserve the contraband in accordance with the 
appropriate California law code. Upon being found in violation of this 
Liquor Ordinance by the Tribal Council, the party shall forfeit all 
right, title and interest in the items seized which shall become the 
property of the Tribe.

Chapter IX--Severability and Miscellaneous

    901. Severability. If any provisions or application of this Liquor 
Ordinance is determined upon review by a court of competent 
jurisdiction 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 persons or circumstances.
    902. Prior Enactments. Any and all prior ordinances, resolutions or 
enactments of the Tribal Council which are inconsistent with the 
provisions of this Liquor Ordinance are hereby rescinded.
    903. Conformance with Tribal State and Federal Law. This Ordinance 
conforms with all tribal law and governing documents such as the Tribal 
Constitution. All provisions and transactions under this Ordinance 
shall be in conformity with California State law regarding alcohol to 
the extent required by 18 U.S.C. 1161 and with all federal laws 
regarding alcohol in Indian country.
    904. Enforcement. All actions brought by the Tribal Council to 
enforce the provisions of this Ordinance shall be filed in the Tribal 
Court of the Coyote Valley Band of Pomo Indians or in an inter-tribal 
Court of competent jurisdiction. In the absence of a Tribal Court or 
Inter-tribal Court, said actions shall be filed in Federal court in the 
northern district of California. The Coyote Valley Band of Pomo Indians 
shall have exclusive jurisdiction if a Tribal Court is in place. If the 
Tribe is participating in an inter-tribal court and has no Tribal 
Court, the inter-tribal court shall have exclusive jurisdiction. If 
there is neither a Tribal Court or Inter-Tribal Court in which to file, 
then the Federal court in the northern district of California shall 
have exclusive jurisdiction.
    905. Effective Date. This Liquor Ordinance shall be effective after 
the Secretary of Interior certifies the Ordinance and publishes it in 
the Federal Register.

Chapter X--Amendment

    1001. Amendment or Repeal. This Ordinance may be amended or 
repealed by a majority vote of the Tribal Council at a properly held 
meeting. Amendments of this Ordinance need not be published in the 
Federal Register to become effective.

Chapter XI--Sovereign Immunity

    1101. Nothing contained in this Liquor Ordinance is intended to nor 
does it in any way limit, alter, restrict, or waive the Tribe's 
sovereign immunity from unconsented suit or action.

Certification

    The foregoing, Liquor Ordinance of the Coyote Valley Band of Pomo 
Indians, was introduced and adopted by the Coyote Valley Tribal Council 
on the 6th day of March 2003 at a regular meeting, at which a quorum 
was present, by the following vote: AYES--6; NOES--0; ABSTAIN--0.

Priscilla Hunter,
Chairwoman.
    Attested:
Darlene Crabtree,
Secretary.
[FR Doc. 04-10531 Filed 5-7-04; 8:45 am]
BILLING CODE 4310-4J-P