[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Pages 9369-9371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-2590]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Confederated Tribes of Coos Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Confederated Tribes of Coos, Lower 
Umpqua and Siuslaw Indians Tribal (Confederated Tribes of Coos) Liquor 
Code. The Code regulates and controls the possession, sale and 
consumption of liquor within the Confederated Tribes of Coos Indian 
Reservation trust land, and other lands subject to tribal jurisdiction. 
This Code allows for the possession and sale of alcoholic beverages 
within the exterior boundaries of the Confederated Tribes of Coos 
Indian Reservation, and will increase the ability of the tribal 
government to control the Reservation liquor distribution and 
possession. At the same time, it will provide an important source of 
revenue for the continued operation and strengthening of the tribal 
government and the delivery of tribal services.

DATES: Effective Date: This Code is effective on February 23, 2006.

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, Phone 503-231-
6723, Fax 503-231-2201; 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 codes for the purpose of regulating liquor 
transactions in Indian country. The Confederated Tribes of Coos Tribal

[[Page 9370]]

Council adopted its Liquor Code by Resolution No. 04-2004 on October 
10, 2004. The purpose of this Code is to govern the sale, possession 
and distribution of alcohol within the Confederated Tribes of Coos 
Indian 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 Code of the 
Confederated Tribes of Coos was duly adopted by the Tribal Council on 
October 10, 2004.

    Dated: February 16, 2006.
Debbie L. Clark,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

    The Confederated Tribes of Coos Liquor Code reads as follows:

Title 5--Regulatory Provisions; Chapter 5-1 Liquor Control

5-1-1 Authority and Purpose

    (a) The authority for this Code and its adoption by Tribal Council 
is found in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw 
Indians Tribal Constitution under Article I--Section 1, Article VI--
Section 2 and the Act of October 17, 1984, Public Law No. 98-481, 98 
Stat. 2250.
    (b) This Code is for the purpose of regulating the sale, possession 
and use of alcoholic liquor on the Confederated Tribes of Coos, Lower 
Umpqua and Siuslaw Indians (Tribes) Reservation and other lands subject 
to Tribal jurisdiction.

5-1-2 Definitions

    To the extent that definitions are consistent with tribal or 
federal law, terms used herein shall have the same meaning as defined 
in Oregon Revised Statutes Chapter 471 and in Oregon Administrative 
Rules Chapter 845.
    (a) Alcoholic Liquor shall mean any alcoholic beverage containing 
more than one-half (\1/2\) of one percent (1%) alcohol by volume, and 
every liquid or solid, patented or not, containing alcohol and capable 
of being consumed by a human being.
    (b) Tribes' Reservation shall mean all lands held in trust by the 
United States for the Tribes or their members and all lands owned by 
the Tribes, wherever located.
    (c) Sell or To Sell refer to anything forbidden by this Chapter and 
related to alcoholic liquor, they include:
    (1) To solicit or receive an order.
    (2) To keep or expose for sale.
    (3) To deliver for value or in any way other than purely 
gratuitously.
    (4) To peddle.
    (5) To keep with intent to sell.
    (6) To traffic in.
    (7) For any consideration, promise or obtained directly or 
indirectly under any pretext or by any means or procure or allow to be 
procured for any other person.
    (d) Sale includes every act of selling as defined in subsection (c) 
of this section.

5-1-3 Prohibited Activity

    (a) It shall be unlawful for any person to sell, trade or 
manufacture any alcoholic liquor on the Tribes' Reservation except as 
provided for in this Code.
    (b) It shall be unlawful for any business establishment or person 
on the Tribes' Reservation to possess, transport or keep with intent to 
sell, barter or trade to another any liquor, except for those 
commercial liquor establishments on the Tribes' Reservation licensed by 
the Tribes, provided, however, that a person may transport liquor from 
a licensed establishment consistent with the terms of the license.
    (c) It shall be unlawful for any person to consume alcoholic liquor 
on a public highway.
    (d) It shall be unlawful for any person to publicly consume any 
alcoholic liquor at any community function, or at or near any place of 
business, Indian celebration grounds, recreational areas, including 
ballparks and public camping areas, the Tribal Headquarters area and 
any other area where minors gather for meetings or recreation, except 
within a tribally licensed establishment where alcohol is sold.
    (e) It shall be unlawful for any person under the age of twenty-one 
(21) years to buy, attempt to buy or to misrepresent their age in 
attempting to buy, alcoholic liquor. It shall be unlawful for any 
person under the age of twenty-one (21) years to transport, possess or 
consume any alcoholic liquor on the Tribes' Reservation, or to be under 
the influence of alcohol or to be at an established commercial liquor 
establishment, except as authorized under Section 5-1-5 of this Code. 
No person shall sell or furnish alcoholic liquor to any minor.
    (f) Alcoholic liquor may not be given as a prize, premium or 
consideration for a lottery, contest, game of chance or skill, or 
competition of any kind.

5-1-4 Procedure for License

    (a) Any request for a license under this Code must be presented to 
the Tribal Council at least thirty (30) days prior to the requested 
effective date. Tribal Council shall set license conditions at least as 
strict as those required by federal law, including at a minimum:
    (1) Liquor may only be served and handled in a manner no less 
strict than allowed under Oregon Revised Statutes Chapter 471; and
    (2) Liquor may only be served by staff of the licensee.
    (b) Council action on a license request must be taken at a regular 
or special meeting. Unless the request is for a special event license, 
the Council shall give at least fourteen (14) days' notice of the 
meeting at which the request will be considered. Notice shall be posted 
at the Tribal Council offices and at the establishment requesting the 
license, and will be sent by Certified Mail to the Oregon Liquor 
Control Commission.

5-1-5 Sale or Service of Liquor by Licensee's Minor Employees

    (a) The holder of a license issued under this Code or Oregon 
Revised Statutes Chapter 472 may employ persons eighteen (18), nineteen 
(19) and twenty (20) years of age who may take orders for, serve and 
sell alcoholic liquor in any part of the licensed premises when that 
activity is incidental to the serving of food except in those areas 
classified by the Oregon Liquor Control Commission as being prohibited 
to the use of minors. However, no person who is eighteen (18), nineteen 
(19) or twenty (20) years of age shall be permitted to mix, pour or 
draw alcoholic liquor except when pouring is done as a service to the 
patron at the patron's table or drawing is done in a portion of the 
premises not prohibited to minors.
    (b) Except as stated in this section, it shall be unlawful to hire 
any person to work in connection with the sale and service of alcoholic 
beverages in a tribally licensed liquor establishment if such person is 
under the age of twenty-one (21) years.

5-1-6 Warning Signs Required

    (a) Any person in possession of a valid retail liquor license, who 
sells liquor by the drink for consumption on the premises or sells for 
consumption off the premises, shall post a sign informing the public of 
the effects and risks of alcohol consumption during pregnancy.
    (b) The sign shall:
    (1) Contain the message: ``Pregnancy and alcohol do not mix. 
Drinking alcoholic beverages, including wine, coolers and beer, during 
pregnancy can cause birth defects.''
    (2) Be either:
    (A) A large sign, no smaller than eight and one-half (8\1/2\) 
inches by eleven (11) inches in size with lettering no smaller

[[Page 9371]]

than five-eighths of an inch (\5/8\) in height; or
    (B) A reduced sign, five (5) by seven (7) inches in size with 
lettering of the same proportion as the large sign described in 
paragraph (i) of this subsection.
    (3) Contain a graphic depiction of the message to assist nonreaders 
in understanding the message. The depiction of a pregnant female shall 
be universal and shall not reflect a specific race or culture.
    (4) Be in English unless a significant number of the patrons of the 
retail premises use a language other than English as a primary 
language. In such cases, the sign shall be worded both in English and 
the primary language or languages of the patrons.
    (5) Be displayed on the premises of all licensed retail liquor 
premises as either a large sign at the point of entry, or a reduced 
sized sign at points of sale.
    (c) The person described in paragraph (a) of this section shall 
also post signs of any size at places where alcoholic beverages are 
displayed.

5-1-7 Civil Penalty

    (a) Any person who violates the provisions of this Code is deemed 
to have consented to the jurisdiction of the Tribal Court and may be 
subject to a civil penalty in Tribal Court for a civil infraction. Such 
civil penalty shall not exceed the sum of one thousand dollars ($1,000) 
for each such infraction, provided, however, that the penalty shall not 
exceed five thousand dollars ($5,000) if it involves minors.
    (b) The procedures governing the adjudication in Tribal Court of 
such civil infractions shall be those set out in the Trial Court rules.
    (c) The Tribal Council hereby specifically finds that such civil 
penalties are reasonably necessary and are related to the expense of 
governmental administration necessary in maintaining law and order and 
public safety on the Reservation and in managing, protecting and 
developing the natural resources on the Reservation. It is the 
legislative intent of the Tribal Council that all violations of this 
Chapter, whether committed by tribal members, non-member Indians or 
non-Indians, be considered civil in nature rather than criminal.

5-1-8 Severability

    If a court of competent jurisdiction finds any provision of this 
Code to be invalid or illegal under applicable Federal or Tribal law, 
such provision shall be severed from this Code and the remainder of 
this Code shall remain in full force and effect.

5-1-9 Consistency With State Law

    The Tribes agree to perform in the same manner as any other Oregon 
business entity for the purpose of liquor licensing and regulations, 
including but not limited to licensing, compliance with the regulations 
of the Oregon Liquor Control Commission, maintenance of liquor 
liability insurance, which is incorporated as if specifically set forth 
herein, as it may be amended from time to time.

5-1-10 Effective Date

    (a) This Code shall be effective upon publication in the Federal 
Register after approval by the Secretary of the Interior or his 
designee.
    (b) Tribal Council may adopt amendments to this Code and those 
amendments shall be effective upon publication in the Federal Register 
after approval by the Secretary of the Interior or his designee.

 [FR Doc. E6-2590 Filed 2-22-06; 8:45 am]
BILLING CODE 4310-4J-P