[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Notices]
[Pages 35298-35299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11983]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Table Bluff Reservation--Wiyot Tribe--Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Table Bluff Reservation `` Wiyot 
Tribe Liquor Control Ordinance. The Ordinance regulates and controls 
the possession, sale and consumption of liquor within the Table Bluff 
Reservation. The land is located on trust land and this Ordinance 
allows for the possession and sale of alcoholic beverages within the 
Table Bluff's Reservation and will increase the ability of the tribal 
government to control the tribe's 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 services.

EFFECTIVE DATE: This Ordinance is effective on June 17, 2005.

FOR FURTHER INFORMATION CONTACT: Clay Gregory, Acting Regional 
Director, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA 
95825; Telephone (916) 978-6000; or Ralph Gonzales, Office of Tribal 
Services, 1951 Constitution Avenue, NW., Mail Stop 320-SIB, Washington, 
DC 20240; 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 Table Bluff Reservation--Wiyot 
Tribal Council adopted its Liquor Control Ordinance by Resolution No. 
04-12 on July 24, 2004. The purpose of this Ordinance is to govern the 
sale, possession and distribution of alcohol within the Table Bluff 
Reservation. 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 this Liquor 
Ordinance, of the Table Bluff Reservation--Wiyot Tribal Council, was 
duly adopted by the Tribal Council on July 24, 2004.

    Dated: June 13, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
    The Table Bluff Liquor Control Ordinance reads as follows:

Table Bluff Liquor Control Ordinance

    Be it enacted by the General Council of the Table Bluff Reservation 
`` Wiyot Tribe:
    Article 1: Name. This ordinance shall be known as the Table Bluff 
Liquor Control Ordinance.
    Article 2: Authority. This ordinance is enacted pursuant to the Act 
of August 15, 1953, (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and 
Article VII, Section 2(a) of the Constitution and Bylaws of the Table 
Bluff Reservation--Wiyot Tribe.
    Article 3: Purpose. The purpose of this ordinance is to allow for 
the safe and regulated sale and possession of alcohol within Lands 
under the Jurisdiction of the Table Bluff Reservation--Wiyot Tribe in 
order to provide a source of revenue for the continued operation of the 
tribal government, the economic viability of tribal enterprises, and 
the delivery of tribal government services.
    Article 4: Jurisdiction. This Liquor Control Ordinance shall apply 
to all lands now or in the future under the jurisdiction of the Table 
Bluff Reservation--Wiyot Tribe, including the old Table Bluff 
Rancheria, the new Table Bluff Reservation, and any lands which shall 
in the future be restored to the Tribe's jurisdiction. This Ordinance 
is in conformity with the laws of the State of California as required 
by 18 U.S.C. 1161, and with all applicable federal laws.
    Article 5: Definitions. Unless a different meaning is clearly 
indicated in this Ordinance, the terms used herein shall have the same 
meaning as in the California Alcohol Beverage Control Act, Cal. 
Business and Professions Code Section 2300 et seq.
    (a) ``General Council'' means the Governing Body holding supreme 
power of the Table Bluff Reservation--Wiyot Tribe as defined in Article 
VI, Section 1 of the Constitution and Bylaws of the Table Bluff 
Reservation--Wiyot Tribe.
    (b) ``Lands under the Jurisdiction of the Table Bluff Reservation--
Wiyot Tribe'' means and includes all lands now or in the future subject 
to the lawful jurisdiction of the Tribe, including the old Table Bluff 
Rancheria, the new Table Bluff Reservation, and any lands which shall 
in the future be restored to the Tribe's jurisdiction.
    (c) ``Table Bluff Reservation'' means and includes all lands within 
the exterior boundaries of the Table Bluff Reservation.
    (d) ``Tribal Council'' means the Table Bluff Reservation--Wiyot 
Tribal Council as defined in Article VI, Section 3 of the Constitution 
and Bylaws of the Table Bluff Reservation--Wiyot Tribe.
    (e) ``Tribe'' means the Table Bluff Reservation--Wiyot Tribe.
    Article 6: Effective Date. This ordinance shall be effective as of 
the date of its publication in the Federal Register.
    Article 7: Possession of Alcohol. The introduction and possession 
of alcoholic beverages shall be lawful within Lands under the 
Jurisdiction of the Table Bluff Reservation--Wiyot Tribe; provided that 
such introduction or possession is in conformity with the laws of the 
State of California.
    Article 8: Retail Sales of Alcohol. The sale of alcoholic beverages 
shall be lawful within Lands under the Jurisdiction of the Table Bluff 
Reservation--Wiyot Tribe; provided that such sales are in conformity 
with the laws of the State of California and are made pursuant to a 
license issued by the Tribe.
    Article 9: Manufacture of Alcohol. The manufacture of beer and wine 
shall be lawful within Lands under the jurisdiction of the Table Bluff 
Reservation--Wiyot Tribe, provided that such manufacture is in 
conformity with the laws of the State of California and pursuant to a 
license issued by the Tribe.
    Article 10: Age Limits. The legal age for possession or consumption 
of alcohol within Lands under the Jurisdiction of the Table Bluff 
Reservation--Wiyot Tribe shall be the same as that of the State of 
California,

[[Page 35299]]

which is currently 21 years. No person under the age of 21 years shall 
purchase, possess or consume any alcoholic beverage.
    Article 11: Licensing. Tribal Council shall have the power to 
establish procedures and standards for tribal licensing of liquor sales 
within Lands under the Jurisdiction of the Table Bluff Reservation--
Wiyot Tribe, including the setting of a license fee schedule, and shall 
have the power to publish and enforce such standards; provided that no 
tribal license shall issue except upon showing of satisfactory proof 
that the applicant is duly licensed by the State of California. The 
fact that an applicant for a tribal license possesses a license issued 
by the State of California shall not provide the applicant with an 
entitlement to a tribal license; Tribal Council may in its discretion 
set standards which are more, but in no case less, stringent than those 
of the State.
    Article 12: Enforcement.
    (a) Tribal Council shall have the power to develop, enact, 
promulgate and enforce regulations as necessary for the enforcement of 
this ordinance and to protect the public health, welfare and safety of 
the Tribe and Lands under the Jurisdiction of the Table Bluff 
Reservation--Wiyot Tribe, provided that all such regulations shall 
conform to and not be in conflict with any tribal, federal or state 
law. Regulations enacted pursuant hereto may include provisions for 
suspension or revocation of tribal liquor licenses, reasonable search 
and seizure provisions and civil and criminal penalties for violations 
of this ordinance to the full extent permitted by federal law and 
consistent with due process.
    (b) Tribal law enforcement personnel and security personnel duly 
authorized by Tribal Council shall have the authority to enforce this 
ordinance by confiscating any liquor sold, possessed, distributed, 
manufactured or introduced within Lands under the Jurisdiction of the 
Table Bluff Reservation--Wiyot Tribe in violation of this ordinance or 
of any regulations duly adopted pursuant to this ordinance.
    (c) Tribal Council shall have the exclusive jurisdiction to hold 
hearings on violations of this ordinance and any procedures or 
regulations adopted pursuant to this ordinance; to promulgate 
appropriate procedures governing such hearings; to determine and 
enforce penalties or damages for violations of this ordinance; and to 
delegate to a subordinate hearing officer or panel the authority to 
take any or all of the foregoing actions on its behalf.
    Article 13: Prior Inconsistent Enactments. Any prior tribal laws, 
resolutions or ordinances which are inconsistent with this ordinance 
are hereby repealed to the extent they are inconsistent with this 
ordinance.
    Article 14: Sovereign Immunity. Nothing contained in this ordinance 
is intended to, nor does in any way, limit, alter, restrict, or waive 
the sovereign immunity of the Tribe or any of its agencies, agents or 
officials from unconsented suit or action of any kind.
    Article 15: Taxation. Nothing contained in this ordinance is 
intended to, nor does in any way limit or restrict the Tribe's ability 
to impose any tax upon the sale or consumption of alcohol. The Tribe 
retains the right to impose such taxes by appropriate ordinance to the 
full extent permitted by federal law.
    Article 16: Severability. If any provision of this ordinance is 
found by any agency or court of competent jurisdiction to be 
unenforceable, the remaining provisions shall be unaffected thereby.
    Article 17: Amendment. This ordinance may be amended by majority 
vote of the Tribal Council, such amendment to become effective upon 
publication in the Federal Register by the Secretary of the Interior.

Certification

    This is to certify that the above ordinance was enacted by the 
General Council of the Table Bluff Reservation--Wiyot Tribe at a duly 
called meeting on July 24, 2004 by a vote of 12 for, 2 against, and 1 
abstention.

    Dated: July 26, 2004.

Cheryl A. Seidner,

Tribal Chairperson.
    Dated: July 26, 2004.

Irine J. Carlson,

Tribal Secretary.
[FR Doc. 05-11983 Filed 6-16-05; 8:45 am]
BILLING CODE 4310-4-P