[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51842-51843]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17281]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Burns Paiute Tribe Liquor Ordinance; Amendment
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes an Amendment to the Burns Paiute Tribe's
Liquor Control Ordinance. The Ordinance regulates and controls the
possession, sale and consumption of liquor within the Burns Paiute
Tribe's Indian Country. The land is located on trust land and this
Ordinance allows for the possession and sale of alcoholic beverages
within the Burns Paiute Tribe's Indian Country 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 Amendment is effective on August 31, 2005.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Division of Tribal
Government Services, Bureau of Indian Affairs, Northwest Regional
Office, 911 NE. 11th Avenue, Portland, OR 97232-4169, Telephone 503-
231-6723, Fax 503-231-2189; 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,
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 Burns Paiute Tribal Council adopted
this Amendment by Resolution No. 2005-05 on April 12, 2005. The purpose
of this Amendment to their Ordinance is to permit the sale and service
of alcohol anywhere in the Old Camp Casino instead of restricting
liquor sales to the lounge, restaurant, and bingo hall.
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 Amendment to the Liquor
Ordinance of the Burns Paiute Tribe was duly adopted by the Tribal
Council on April 12, 2005.
Dated: August 19, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Amendment to Burns Paiute Tribe's Liquor Ordinance reads as
follows:
1. Remove the second sentence in section 5 which reads: ``The sales
and service of liquor in the Old Camp Casino may only be permitted in
the following areas: liquor lounge, restaurant, and bingo hall when
used for entertainment, food service, or convention/meeting purposes.''
2. Remove the following phrase from the first sentence of section
6.C: ``the lounge or restaurant area within.''
The re-statement of the Burns-Paiute Tribal Liquor Ordinance
incorporating the Amendment will now read as follows:
Burns-Paiute Tribal Liquor Ordinance
Section 1--Title
This Ordinance shall be the Liquor Ordinance of the Burns-Paiute
Indian Tribe and shall be referenced as the Tribal Liquor Ordinance.
Section 2--Findings and Purpose
1. The introduction, possession, and sale of liquor on Indian
Reservations has historically been recognized as a matter of special
concern to Indian tribes and to the United States. The control of
liquor on Reservations remains exclusively subject to their legislative
enactments.
2. Federal law currently prohibits the introduction of liquor into
Indian Country (18 U.S.C. 1154), leaving tribes the decision regarding
when and to what extent liquor transactions, sales, possession and
service shall be permitted on their Reservation (18 U.S.C. 1161).
3. The Burns-Paiute General Council discussed and approved a
Resolution to permit the sale and service of liquor at the Old Camp
Casino, but at no other location, at the General Council meeting held
in June, 1999.
4. The enactment of this Tribal Ordinance to govern liquor sales
and service on the Burns-Paiute Reservation, and the limitation of such
liquor sales and service at the Old Camp Casino, 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 of tribal
government and the delivery of governmental services, as well as
provide an amenity to customers at the Old Camp Casino.
5. In order to authorize limited liquor sales and service at the
Old Camp Casino, to facilitate increased tribal control over liquor
distribution on the Burns-Paiute Reservation, and to provide for
urgently needed additional revenues for the Burns-Paiute tribal
government, the Burns-Paiute Tribal Council adopts this Liquor
Ordinance.
6. The Burns-Paiute Tribe has entered a Memorandum of Understanding
(MOU) with the Oregon Liquor Control Commission to deal with
governmental issues associated with the licensing and regulation of
liquor sales on the Burns-Paiute Indian Reservation.
Section 3--Definitions
Unless otherwise required by the context, the following words and
phrases shall have the designated meanings:
1. Alcohol: Is that substance known as ethyl alcohol, hydrated
oxide or ethyl, or spirit of wine, which is commonly produced by the
fermentation or distillation of grain, starch, molasses, or sugar, or
other substances including all dilutions and mixtures of those
substances.
2. Casino Manager: That person appointed by the Tribal Council to
manage the Old Camp Casino.
3. Liquor or Liquor Products: Includes the four varieties of liquor
herein defined (alcohol, spirits, wine, and beer) and all fermented,
spirituous, vinous, or malt liquor, or a combination thereof, and mixed
liquor, a part of which is fermented, spirituous, vinous, or malt
liquor or otherwise intoxicating in every liquid or solid or semi-solid
or other substance patented or not containing alcohol, spirits, wine,
or beer, and all drinks of potable liquids and all preparations or
mixtures capable of human consumption, and any liquid, semi-solid,
solid, or other substance, which contains more than one percent (1%) of
alcohol by weight shall be conclusively deemed to be intoxicating.
4. Old Camp Casino: Shall be the gaming facility located on the 10-
acre Old Camp site located on the Burns-Paiute Indian Reservation which
is more specifically described in Exhibit 1 to the Tribal-State Compact
between the
[[Page 51843]]
Burns-Paiute Tribe and the State of Oregon.
5. Sale and Sell: Includes exchange, barter, and traffic; and also
the supplying or distribution by any means whatsoever, of liquor or any
liquid known or described as beer or by any name whatever commonly used
to describe malt or brewed liquor or wine, by any person to any other
person; and also includes the supply and distribution to any other
person.
6. Spirits: Any beverage which contains alcohol obtained by
distillation, including wines exceeding seventeen percent (17%) of
alcohol by weight.
7. Wine: Any alcoholic beverage obtained by fermentation of fruits,
grapes, berries, or any other agricultural product containing sugar, to
which any saccharin substances may have been added before, during, or
after fermentation, 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 anglican, not exceeding
seventeen percent (17%) of alcohol by weight.
Section 4--Relation to Other Tribal Laws
All prior Ordinances and Resolutions of the Burns-Paiute Indian
Tribe regulating, authorizing, prohibiting, or in any way dealing with
the sale or service of liquor are hereby repealed and are of no further
force or effect to the extent they are inconsistent or conflict with
the provisions of this Ordinance. No tribal business licensing law or
other tribal law shall be applied in a manner inconsistent with the
provisions of this Ordinance.
Section 5--Authorized Sale and Service of Liquor
Liquor may be offered for sale and may be served on the Burns-
Paiute Indian Reservation only in the Old Camp Casino. All such sales
and service of liquor in the Old Camp Casino shall be consistent with
the Tribal-State Compact and applicable Federal and State law.
The Burns-Paiute Tribal Council hereby authorizes the Manager of
the Old Camp Casino to apply for a Dispenser Class A License from the
Oregon Liquor Control Commission (OLCC) for the sales and service of
liquor at the Old Camp Casino as provided in this Ordinance. The casino
Manager is further authorized to treat as a casino expense any license
fees associated with the OLCC Liquor License.
Section 6--Prohibitions
A. General Prohibitions
The introduction of liquor, other than by the Burns-Paiute Tribe
through its Old Camp Casino is prohibited within the Burns-Paiute
Indian Reservation, and is hereby declared an offense under tribal law.
Possession, sales, and service of liquor by any person prohibited by
federal law at 18 U.S.C. 1154 shall be lawful so long as the possession
is in conformity with this Ordinance.
Federal Indian liquor laws shall remain applicable to any person,
act, or transaction which is not authorized by this Ordinance and
violators of this Ordinance shall be subject to federal prosecution as
well as to legal action in accordance with tribal law.
B. Age Restrictions
No person shall be authorized to serve liquor to casino patrons
unless they are at least 21 years of age. No person may be served
liquor unless they are 21 years of age.
C. No Consumption of Liquor Outside of Casino Premises
All liquor sales and service permitted by this Ordinance shall be
fully consumed within the Old Camp Casino. No open containers of
liquor, or unopened containers of liquor in bottles, cans, or otherwise
may be permitted outside of the casino premises.
D. No Credit Liquor Sales
The sales and service of liquor authorized by this Ordinance shall
be upon a cash basis only. Payment for liquor shall be by cash, credit
card, or check.
Section 7--Conformity with State Law
Authorized liquor sales and service on the Burns-Paiute Indian
Reservation shall comply with Oregon State liquor law standards to the
extent required by 18 U.S.C. 1161. The casino Manager shall be
responsible for insuring that all OLCC license requirements are
satisfied, that the license is renewed on an annual basis, and that all
reasonable and necessary actions are taken to sell and serve liquor to
casino patrons in a manner consistent with this Ordinance, applicable
state law, and the Tribal-State Compact. The casino Manager shall also
be authorized to purchase liquor from the State or other source for
sale and service within the Old Camp Casino.
Section 8--Penalty
Any person or entity possessing, selling, serving, bartering, or
manufacturing liquor products in violation of any part of this
Ordinance shall be subject to a civil fine of not more than $500 for
each violation involving possession, but up to $5,000 for each
violation involving selling, bartering, or manufacturing liquor
products in violation of this Ordinance, and violators may be subject
to exclusion from the Burns-Paiute Indian Reservation. In addition,
persons or entities subject to the criminal jurisdiction of the Burns-
Paiute Tribe who violate this Ordinance shall be subject to criminal
punishment as provided in the Burns-Paiute Law and Order Code. All
contraband liquor shall be confiscated by the Burns-Paiute Police
Department.
Section 9--Sovereign Immunity Preserved
Nothing in this Ordinance is intended or shall be construed as a
waiver of the sovereign immunity of the Burns-Paiute Indian Tribe. No
Manager or employee of the Old Camp Casino shall be authorized, nor
shall they attempt, to waive the sovereign immunity of the Tribe.
Section 10--Effective Date
This Ordinance shall be effective following approval by the Burns-
Paiute Tribal Council and approval by the Secretary of Interior or his
designee as provided by federal law.
[FR Doc. 05-17281 Filed 8-30-05; 8:45 am]
BILLING CODE 4310-4J-P