[Federal Register Volume 73, Number 29 (Tuesday, February 12, 2008)]
[Notices]
[Pages 8056-8059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2536]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pit River Tribe Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the Pit River Tribe Liquor Control 
Ordinance. The Ordinance regulates and controls the possession, sale 
and consumption of liquor within the Pit River tribal land. The tribal 
land is located on trust land and this Ordinance allows for the 
possession and sale of alcoholic beverages. This Ordinance will 
increase the ability of the tribal government to control the 
distribution and possession of liquor within their tribal land, and at 
the same time will provide an important source of revenue and 
strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This Ordinance is effective February 12, 2008.

FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations 
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA 
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of 
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 
20240; Telephone (202) 513-7627; Fax (202) 501-0679.

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 Pit River Tribal Council adopted 
this Liquor Control Ordinance on September 7, 2007. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within the Pit River tribal lands.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary-Indian 
Affairs. I certify that this Liquor Control Ordinance of the Pit River 
Tribe was duly adopted by the Tribal Council on September 7, 2007.

    Dated: February 6, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.

    The Pit River Tribe Liquor Control Ordinance reads as follows:

Pit River Liquor Control Ordinance

07-03-38

Chapter I--Introduction
    Section 101. Title. This ordinance shall be known as the Pit River 
Liquor Control Ordinance.
    Section 102. Authority. This ordinance is enacted pursuant to the 
Act of August 15, 1953, 67 Stat. 586, codified at 18 U.S.C. 1161, and 
by the authority of the Pit River Tribal Council.
    Section 103. Purpose. The purpose of this ordinance is to regulate 
and control the possession and sale of liquor on all lands within the 
jurisdiction of the Pit River Tribe. The enactment of a tribal 
ordinance governing liquor possession and sale on lands located within 
the Tribe's jurisdiction will increase the ability of the tribal 
government to control the sale, distribution and possession of liquor 
on such lands and will provide an important source of revenue for the 
continued operation and strengthening of the tribal government and the 
delivery of tribal government services.
    Section 104. Effective Date. This ordinance shall be effective on 
certification by the Secretary of the Interior and its publication in 
the Federal Register.
    Article 1. Declaration of public policy and purpose.
    (a) The introduction, possession, and sale of liquor on lands 
located within the Tribe's jurisdiction is a matter of special concern 
to the Tribe.
    (b) Federal law currently prohibits the introduction of liquor into 
Indian Country (18 U.S.C. 1154), except as provided therein and 
expressly delegates to tribes the decision regarding when and to what 
extent liquor transactions shall be permitted. (18 U.S.C. 1161).
    (c) The Council recognizes that a need exists for strict regulation 
and control

[[Page 8057]]

over liquor transactions on lands within the Tribe's jurisdiction, 
because of the many potential problems associated with the unregulated 
or inadequately regulated sale, possession, distribution, and 
consumption of liquor. The Council finds that tribal control and 
regulation of liquor is necessary to achieve maximum economic benefit 
to the Tribe, to protect the health and welfare of tribal members, and 
to address specific concerns relating to alcohol use on lands within 
the Tribe's jurisdiction.
    (d) It is in the best interests of the Tribe to enact a tribal 
ordinance governing liquor sales on lands within the Tribe's 
jurisdiction which provides for exclusive purchase, distribution, and 
sale of liquor only on such lands. Further, the Tribe has determined 
that said purchase, distribution, and sale shall take place only at 
tribally-owned enterprises and/or tribally licensed establishments 
operating on lands within the Tribe's jurisdiction.
    Article II. Definitions.
    As used in this title, the following words shall have the following 
meanings unless the context clearly requires otherwise:
    (a) ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever 
source or by whatever process produced.
    (b) ``Alcoholic Beverage'' is synonymous with the term ``liquor'' 
as defined in Article II(e) of this Chapter.
    (c) ``Bar'' means any establishment with special space and 
accommodations for the sale of liquor by the glass and for consumption 
on the premises as herein defined.
    (d) ``Beer'' means any beverage obtained by the alcoholic 
fermentation of 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 and containing the percent of alcohol by volume subject to 
regulation as an intoxicating beverage in the state where the beverage 
is located.
    (e) ``Liquor'' includes all fermented, spirituous, vinous, or malt 
liquor or combinations thereof, and mixed liquor, a part of which is 
fermented, and every liquid or solid or semisolid or other substance, 
patented or not, containing distilled or rectified spirits, potable 
alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and 
all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substances, which contains more than one half of one percent of 
alcohol.
    (f) ``Liquor Store'' means any store at which liquor is sold and, 
for the purpose of this ordinance, including stores only a portion of 
which are devoted to the sale of liquor or beer.
    (g) ``Malt Liquor'' means beer, strong beer, ale, stout and porter.
    (h) ``Package'' means any container or receptacle used for holding 
liquor.
    (i) ``Public Place`` includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishments, public buildings, public meeting halls, lobbies, halls 
and dining rooms of hotels, restaurants, theaters, gaming facilities, 
entertainment centers, stores, garages, and filling stations 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 right of access, and which 
are generally used by the public. For the purpose of this 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.
    (j) ``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 of wine by any person to any person.
    (k) ``Spirits'' means any beverage which contains alcohol obtained 
by distillation, including wines exceeding seventeen percent of alcohol 
by weight.
    (l) ``Tribal Council'' means the Pit River Tribal Council.
    (m) ``Wine'' means any alcoholic beverage obtained by fermentation 
of the natural contents of fruits, vegetables, honey, milk, or other 
products containing sugar, whether or not other ingredients are added, 
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.
    Article III. Powers of Enforcement.
    Section 1. The Tribal Council. In furtherance of this ordinance, 
the Tribal Council shall have the following powers and duties:
    (a) To publish and enforce rules and regulations adopted by the 
Tribal Council governing the sale, manufacture, distribution, and 
possession of alcoholic beverages on lands within the Tribe's 
jurisdiction;
    (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. Such employees shall be tribal 
employees;
    (c) To authorize a representative in respect to the enforcement of 
this ordinance to issue licenses permitting the sale or manufacture or 
distribution of liquor on lands within the Tribe's jurisdiction and to 
revoke such licenses as provided herein;
    (d) To hold hearings on violations of this ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) To bring suit in the appropriate court to enforce this 
ordinance as necessary;
    (f) To authorize a representative in respect to the enforcement of 
this ordinance to collect taxes and fees levied or set by the Tribal 
Council and to keep accurate records, books, and accounts;
    (h) To determine and seek damages for violation of the ordinance.
    Section 2. Limitations on Powers. In the exercise of its powers and 
duties under this ordinance, the Tribal Council and its individual 
members shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer, or distributor or from any licensee;
    (b) Waive the immunity of the Tribe from suit without the express 
consent of the members of the Pit River Tribe.
    Section 3. Inspection Rights. The premises on which liquor is sold 
or distributed shall be open for inspection by the Tribal Council and/
or its representative in respect to the enforcement of this ordinance 
at all reasonable times for the purpose of ascertaining whether the 
rules and regulations of the Tribal Council and this ordinance are 
being complied with.
    Article IV. Sales of Liquor.
    Section 1. License Required. Sales of liquor and alcoholic 
beverages on lands within the Tribe's jurisdiction may only be made at 
businesses which hold a Tribal Liquor License.
    Section 2. Sales for Cash. All liquor sales on lands within the 
Tribe's jurisdiction 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 
credit or debit cards such as Visa, MasterCard, American Express, etc.
    Section 3. Sale for Personal Consumption. All sales shall be for 
the personal use and consumption of the purchaser. Resale of any 
alcoholic

[[Page 8058]]

beverage purchased on lands within the Tribe's jurisdiction is 
prohibited. Any person who is not licensed pursuant to this ordinance 
who purchases an alcoholic beverage on lands within the Tribe's 
jurisdiction and sells it, whether in the original container or not, 
shall be guilty of a violation of this ordinance and shall be subject 
to paying damages to the Tribe as set forth herein.
    Article V. Licensing.
    Section 1. Procedure. In order to control the proliferation of 
establishments on lands within the Tribe's jurisdiction which sell or 
serve liquor by the bottle or by the drink, all persons or entities 
which desire to sell liquor on lands within the Tribe's jurisdiction 
must apply to the Tribe for a license to sell or serve liquor.
    Section 2. Application. Any person or entity applying for a license 
to sell or serve liquor on lands within the Tribe's jurisdiction must 
fill in the application provided for this purpose by the Tribe and pay 
such application fee as may be set from time to time by the Tribal 
Council for this purpose. Said application must be filled out 
completely in order to be considered.
    Section 3. Issuance of License. The Tribal Council or, if so 
authorized, a representative in respect to the enforcement of this 
ordinance, may issue a license if it believes that such issuance is in 
the best interests of the Tribe and its members.
    Section 4. Period of License. Each license may be issued for a 
period not to exceed two (2) years from the date of issuance.
    Section 5. Renewal of License. A licensee may renew its license if 
the licensee has complied in full with this ordinance provided however, 
that the Tribal Council's representative in respect to the enforcement 
of this ordinance, or in the absence thereof the Tribal 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 Tribe.
    Section 6. Revocation of License. The Tribal Council's 
representative in respect to the enforcement of this ordinance or, in 
the absence thereof, the Tribal Council may revoke a license for 
reasonable cause upon notice and hearing at which the licensee is given 
an opportunity to respond to any charges against it and to demonstrate 
why the license should not be suspended or revoked.
    Section 7. Transferability of License. Licenses issued by the 
Tribal Council's representative in respect to the enforcement of this 
ordinance or, in the absence thereof, the Tribal 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 1. Sales Tax. There is hereby levied and shall be collected 
a tax on each retail sale of liquor or alcoholic beverage on lands 
within the Tribe's jurisdiction in the amount of one percent (1%) of 
the retail sales price. All taxes from the sale of liquor and alcoholic 
beverages on lands within the Tribe's jurisdiction shall be paid over 
to the General Fund of the Tribe.
    Section 2. Taxes Due. All taxes for the sale of liquor and 
alcoholic beverages on lands within the Tribe's jurisdiction are due on 
the 15th day of the month following the end of the calendar quarter for 
which the taxes are due.
    Section 3. Delinquent Taxes. Past due taxes shall accrue interest 
at 2% per month.
    Section 4. Reports. Along with payment of the taxes imposed herein, 
the taxpayer shall submit a quarterly accounting of all income from the 
sale or distribution of liquor, as well as for the taxes collected.
    Section 5. Audit. As a condition of obtaining a license, the 
licensee must agree to the review or audit of its books and records 
relating to the sale of liquor and alcoholic beverages on lands within 
the Tribe's jurisdiction. Said review or audit may be done periodically 
by the Tribe through its agents or employees whenever, in the opinion 
of the Tribal Council or its representative for purposes of enforcing 
this ordinance, such a review or audit is necessary to verify the 
accuracy of reports.
    Article VII. Rules, Regulations, and Enforcement.
    Section 1. In any proceeding under this ordinance, conviction of 
one unlawful sale or distribution of liquor shall establish prima facie 
intent of unlawfully keeping liquor for sale, selling liquor or 
distributing liquor in violation of this ordinance.
    Section 2. Any person who shall sell or offer for sale or 
distribute or transport in any manner liquor in violation of this 
ordinance, or who shall operate or shall have liquor for sale in his 
possession without a license, shall be guilty of a violation of this 
ordinance, subjecting him or her to civil damages assessed by the 
Tribal Council.
    Section 3. Any person within the boundaries of lands within the 
Tribe's jurisdiction who buys liquor from any person other than a 
properly licensed facility shall be guilty of a violation of this 
ordinance.
    Section 4. Any person who keeps or possesses liquor upon his person 
or in any place or on premises conducted or maintained by his principal 
or agent with the intent to sell or distribute it contrary to the 
provisions of this title, shall be guilty of a violation of this 
ordinance.
    Section 5. Any person who knowingly sells liquor to a person who 
appears to be intoxicated shall be guilty of a violation of this 
ordinance.
    Section 6. Any person engaging 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 liquor in 
any public conveyance shall be guilty of an offense. Any person who 
shall drink liquor in a public conveyance shall be guilty of a 
violation of this ordinance.
    Section 7. No person under the age of 21 years shall consume, 
acquire or have in his possession any liquor or alcoholic beverage. No 
person shall permit any other person under the age of 21 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 ordinance for 
each and every drink so consumed.
    Section 8. Any person who shall sell or provide any liquor to any 
person under the age of 21 years shall be guilty of a violation of this 
ordinance for each such sale or drink provided.
    Section 9. Any person who transfers in any manner an identification 
of age to a person under the age of 21 years for the purpose of 
permitting such person to obtain liquor shall be guilty of an offense; 
provided, that corroborative testimony of a witness other than the 
underage person shall be a requirement of finding a violation of this 
ordinance.
    Section 10. Any person who attempts to purchase an alcoholic 
beverage through the use of false or altered identification which 
falsely purports to show the individual to be over the age of 21 years 
shall be guilty of violating this ordinance.
    Section 11. Any person guilty of a violation of this ordinance 
shall be liable to pay the Tribe the amount of $500 per violation as 
civil damages to defray the Tribe's cost of enforcement of this 
ordinance.
    Section 12. When requested by the provider of liquor, any person 
shall be required to present official documentation of the bearer's 
age, signature and photograph. Official documentation includes one of 
the following:
    (1) Tribal identification card;
    (2) Driver's license or identification card issued by any state 
department of motor vehicles;

[[Page 8059]]

    (3) United States Active Duty Military;
    (4) Passport.
    Section 13. Liquor which is possessed, including for sale, contrary 
to the terms of this ordinance is declared to be contraband. Any tribal 
agent, employee or officer who is authorized by the Tribal Council to 
enforce this section shall seize all contraband and preserve it in 
accordance with the provisions established for the preservation of 
impounded property.
    Section 14. Upon being found in violation of the ordinance, the 
party shall forfeit all right, title and interest in the items seized 
which shall become the property of the Tribe.
    Article VII. Abatement.
    Section 1. Any room, house, building, vehicle, structure, or other 
place where liquor is sold, manufactured, bartered, exchanged, given 
away, furnished, or otherwise disposed of in violation of the 
provisions of this ordinance or of any other tribal law relating to the 
manufacture, importation, transportation, possession, distribution, and 
sale of liquor, and all property kept in and used in maintaining such 
place, is hereby declared to be a nuisance.
    Section 2. The Chairman of the Tribal Council or, if the Chairman 
fails or refuses to do so, by a majority vote, the Tribal Council shall 
institute and maintain an action in the name of the Tribe to abate and 
perpetually enjoin any nuisance declared under this article. In 
addition to all other remedies at tribal law, the Court may also order 
the room, house, building, vehicle, 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 $25,000 
payable to the Tribe and conditioned that liquor will not be thereafter 
manufactured, kept, sold, bartered, exchanged, given away, furnished, 
or otherwise disposed of there in violation of the provisions of this 
ordinance or of any other applicable tribal law and that he will pay 
all fines, costs and damages assessed against him for any violation of 
this ordinance or other tribal liquor laws. If any conditions of the 
bond be violated, the bond may be recovered for the use of the Tribe.
    Section 3. In all cases where any person has been found in 
violation of this ordinance relating to the manufacture, importation, 
transportation, possession, distribution, and/or sale of liquor, an 
action may be brought to abate as a nuisance any real estate or other 
property involved in the violation of the ordinance and violation of 
this ordinance shall be prima facie evidence that the room, house, 
building, vehicle, structure, or place against which such action is 
brought is a public nuisance.
    Article IX. Revenue.
    Revenue provided for under this ordinance, from whatever source, 
shall be expended for administrative costs incurred in the enforcement 
of this ordinance. Excess funds shall be subject to appropriation by 
the Tribal Council for essential governmental and social services.
    Article X. Severability and Effective Date.
    Section 1. If any provision or application of this ordinance is 
determined by review to be invalid, such determination shall not be 
held to render ineffectual the remaining portions of this ordinance or 
to render such provisions inapplicable to other persons or 
circumstances.
    Section 2. This ordinance shall be effective on such date as the 
Secretary of the Interior certifies this ordinance and publishes the 
same in the Federal Register.
    Section 3. Any and all prior enactments of the Tribal Council which 
are inconsistent with the provisions of this ordinance are hereby 
rescinded.
    Article XI. Amendment.
    This ordinance may only be amended by a vote of the Tribal Council 
and subsequent review by the appropriate official of the Department of 
the Interior and publication in the Federal Register.

[FR Doc. E8-2536 Filed 2-11-08; 8:45 am]
BILLING CODE 4310-4J-P