[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47210-47212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18771]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Metlakatla Indian Community Alcohol Possession Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes an amendment to the Law and Order Code
(Code), Alcohol Possession, for the Metlakatla Indian Community of the
Annette Island Reserve. The amendment regulates and controls the
possession and consumption of liquor within the tribal lands. The
tribal lands are located in Indian Country and this amended Code allows
for possession of alcoholic beverages within their boundaries. This
Code will increase the ability of the tribal government to control
liquor possession and consumption by the community's members.
DATES: Effective Date: This Code is effective on August 13, 2008.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Services Officer, Northwest Regional Office, 911 NE 11th Ave., 8th
Floor, Portland, OR 97232, Telephone: (503) 231-6723, Fax (503) 231-
2189; or Elizabeth Colliflower, Office of Indian Services, 1849 C
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202)
513-7640.
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 Metlakatla Indian Community,
Council, Annette Islands Reserve, amended the Alcohol Possession
section of its Law and Order Code by Resolution No. 07-49 on November
13, 2007. The purpose of this Ordinance is to govern the possession of
alcohol within tribal lands of the Tribe.
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 Alcohol Possession Code of the Metlakatla
Indian Community was duly adopted by the Council, Annette Island
Reserve on November 13, 2007.
Dated: July 31, 2008.
George Skibine,
Acting Deputy Assistant Secretaryfor Policy and Economic Development.
The Metlakatla Indian Community Alcohol Possession Code reads as
follows:
[[Page 47211]]
PROVISIONS RELATED TO THE LEGALIZATION OF ALCOHOL POSSESSION WITHIN THE
ANNETTE ISLANDS RESERVE
TITLE ONE, CHAPTER 1, CRIMINAL VIOLATIONS.
SECTION ONE.1.49 DISTRIBUTION OF TOBACCO AND INTOXICANTS TO CHILDREN.
A. Any person who shall provide any tobacco product to any child
under the age of eighteen (18) years shall be guilty of an offense and,
upon conviction thereof, shall be sentenced to labor for a period of
not more than six (6) months or to pay a fine not to exceed the
constitutional limit, or both, with costs.
B. Any person who shall provide any alcoholic beverage, narcotic or
other intoxicant to any person under the age of twenty-one (21) years
shall be guilty of an offense and, upon conviction thereof, shall be
sentenced to labor for a period of not more than six (6) months or to
pay a fine not to exceed the constitutional limit, or both, with costs.
A person shall also be liable for this offense if he or she exercises
control over property and allows any person under the age of twenty-one
(21) years to consume alcohol on the property or to remain on the
property if they have consumed alcohol.
SECTION ONE.1.55 LIQUOR POSSESSION FOR SALE.
A. Sale of Alcoholic Beverages Prohibited.
Any person who shall, within the Annette Islands Reserve, sell,
barter or transport, possess, or manufacture any alcoholic beverage for
purposes of sale or distribution thereof for profit, shall be guilty of
an offense.
B. Application to Non-Member Natives.
1. First Conviction: Upon first conviction thereof, a non-member
Native may be sentenced to labor for a period of not more than thirty
(30) days and shall pay a fine of not less than one thousand dollars
($1000) and not more than five thousand dollars ($5000). Upon a
conviction hereunder, a person shall appear before the Council for a
public reprimand.
2. Second Conviction: Upon a second conviction thereof, a person
may be sentenced to labor for a period of not to exceed ninety (90)
days and shall pay a fine of five thousand dollars ($5000) and shall be
made subject to a proceeding under Title Four, Chapter 3 to revoke all
existing visitor, residence and employment permits in the person's
possession.
3. First Conviction, Special Circumstances: Upon a first conviction
involving a violation of Section One.1.49, a person may be sentenced to
labor for a period of not to exceed ninety (90) days and shall pay a
fine of five thousand dollars ($5000) and shall be made subject to a
proceeding under Title Four, Chapter 3 to revoke all existing visitor,
residence and employment permits in the person's possession.
C. Application to Members.
1. First Conviction: Upon first conviction thereof, a member may be
sentenced to labor for a period of not more than thirty (30) days and
shall pay a fine of not less than one thousand dollars ($1000) and not
more than five thousand dollars ($5000). The Magistrate shall notify
the defendant of the possibility of loss of membership privileges
pursuant to the rules established by the Community Council if the
defendant is convicted a subsequent time. Upon a conviction hereunder,
a person shall appear before the Council for a public reprimand.
2. Second Conviction: Upon a second conviction thereof, a member
may be sentenced to labor for a period of not to exceed ninety (90)
days and shall pay a fine of five thousand dollars ($5000) and shall be
required to relinquish all rights and privileges of citizenship of the
Metlakatla Indian Community under Title Four, Chapter 2 for a period of
six (6) months. No hearing or Special Council meeting shall be
necessary under Title Four, Chapter 2.
3. First Conviction, Special Circumstances: Upon a first conviction
involving a violation of Section One.1.49, a member may be sentenced to
labor for a period of not to exceed ninety (90) days and shall pay a
fine of five thousand dollars ($5000) and shall be required to
relinquish all rights and privileges of citizenship of the Metlakatla
Indian Community under Title Four, Chapter 2 for a period of six (6)
months. No hearing or Special Council meeting shall be necessary under
Title Four, Chapter 2.
SECTION ONE.1.56 LIQUOR VIOLATION.
Any person who shall, within the Annette Islands Reserve sell,
barter, transport, possess, consume, or have consumed, or manufacture
any alcoholic beverage shall be guilty of an offense and, upon
conviction thereof, shall be sentenced to labor for a period of not
more than six (6) months or to pay a fine not to exceed the
constitutional limit, or both, with costs.
SECTION ONE.1.56 PUBLIC INTOXICATION.
A. A person commits the crime of public intoxication if he or she
appears in a public place under the influence of alcohol, narcotics, or
other drug to the degree that he or she endangers himself or herself or
another person or property, or by boisterous and offensive conduct
affects the enjoyment of another person in his or her vicinity.
B. Public intoxication is a violation and, upon conviction thereof,
shall be punishable by a sentence of labor for a period of not more
than six (6) months or to pay a fine not to exceed the constitutional
limit, or both, with costs. Individuals arrested for public
intoxication may be held in jail for a period after which they are no
longer considered a harm to themselves and others (e.g., the time
necessary for them to ``sober up''), provided such time shall not
exceed twelve (12) hours.
SECTION ONE.1.56(A) CONSUMPTION OF ALCOHOL IN PUBLIC PLACES.
A. A person commits the crime of consumption of alcohol in public
places if he or she drinks or consumes any alcoholic liquor in or upon
any street, alley, public grounds, or other public places. Public
places shall be defined as those developed public areas designated by
the Council, including areas within the municipal limits and developed
beaches, including Smuggler's Cove, Sand Dollar, Graveyard, and
Pioneer.
B. Consumption of alcohol in public places is an offense and, upon
conviction thereof, shall be punishable by a sentence of labor for a
period of not more than six (6) months or a fine not to exceed the
constitutional limit, or both, with costs.
SECTION ONE.1.56(B) MINOR IN POSSESSION OF ALCOHOL.
A. A minor commits the crime of minor in possession of alcohol when
he or she is in possession of alcohol, which can be proven by facts
showing the minor had physical possession, constructive possession, or
possession by consumption (breath) of alcohol.
B. Minor in possession of alcohol is a violation and subject to the
provisions of Title 3, Chapter 4 (Juvenile Offender Procedure).
SECTION ONE.1.56(C) MISREPRESENTATION OF AGE BY A MINOR.
A. A minor commits the crime of misrepresentation of age by a minor
when he or she is purposely not truthful about his or her age to
prevent being in violation of law.
[[Page 47212]]
B. Misrepresentation of age by a minor is a violation and subject
to the provisions of Title Three, Chapter 4 (Juvenile Offender
Procedure).
TITLE FOUR, CHAPTER 6, GOVERNING CONTRABAND.
SECTION FOUR.6.2 DECLARATION OF CONTRABAND.
The following things and substances are hereby declared to be
contraband and their manufacture, possession, sale, or use within the
Annette Islands Reserve is hereby declared to be illegal:
A. Electronic decoder for radio messages.
B. Electronic radar detector.
C. Any other electronic device used to detect or interfere with any
electromagnetic signal generated by the Metlakatla Police Department in
its law enforcement activities or by any other governmental or law
enforcement agency authorized to operate on the Annette Islands
Reserve.
D. Marijuana or any other dangerous drug or narcotic the use or
possession of which violates the Law & Order Code of the Metlakatla
Indian Community or any Federal law relating to controlled substances,
unless such use or possession is legal under the laws of the State of
Alaska and is solely for medical purposes.
E. Any device, substance, airplane, boat, including fishing
vessels, motor vehicle, or thing of any kind whatsoever used in
connection with violating the Law & Order Code of the Metlakatla Indian
Community, including all ordinances or any resolutions and orders of
the Metlakatla Indian Community Council or the Magistrate's Court of
the Metlakatla Indian Community.
F. The species of dog known as a Pit Bull or Pit Bull Terrier or
other vicious animal.
G. Firearms of destructive devices possessed in violation of
Section Four.5.2.
[FR Doc. E8-18771 Filed 8-12-08; 8:45 am]
BILLING CODE 4310-4J-P