[Federal Register Volume 73, Number 236 (Monday, December 8, 2008)]
[Notices]
[Pages 74516-74518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29023]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


The Confederated Tribes of the Grand Ronde Community of Oregon

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an amendment to the Tribal Code (Code), 
Liquor Ordinance, for the Confederated Tribes of the Grand Ronde 
Community of Oregon first published in the Federal Register July 1, 
1996. 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, sale 
and in the community.

DATES: Effective Date: This Ordinance is effective on December 8, 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

[[Page 74517]]

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 Confederated Tribes of the Grand 
Ronde Community of Oregon amended the liquor control section of its 
Tribal Code by Resolution No. 101-08 on June 18, 2008. The purpose of 
this amended code 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 Liquor Control Ordinance of the Code of 
the Confederated Tribes of the Grand Ronde Community of Oregon was duly 
adopted by the Tribal Council, on June 18, 2008.

    Dated: November 24, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.

    The Confederated Tribes of the Grand Ronde Community of Oregon 
Liquor Control Code reads as follows:

The Confederated Tribes of the Grand Ronde Community of Oregon

Liquor Ordinance

Tribal Code Sec.  760

    (a) Authority and Purpose:
    (1) The authority for the Ordinance and its adoption by Tribal 
Council is found in the Tribal Constitution under Article III, Section 
1, and in the Act of August 15, 1953, Public Law 83-277, 18 U.S.C. 
1161.
    (2) This Ordinance is for the purpose of regulating the sale, 
possession and use of alcoholic liquor on the Grand Ronde Reservation 
and other lands subject to Tribal jurisdiction.
    (b) 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.
    (1)``Alcoholic liquor'' shall mean any alcoholic beverage 
containing more than one-half of one percent alcohol by volume, and 
every liquid or solid, patented or not, containing alcohol and capable 
of being consumed by a human being.
    (2)``Grand Ronde Reservation'' shall mean all lands held in trust 
by the United States for the Tribe or its members and all lands owned 
by the Tribe, wherever located.
    (3) Whenever the words ``sell'' or ``to sell'' refer to anything 
forbidden by this Chapter and related to alcoholic liquor, they 
include:
    (A) To solicit or receive an order.
    (B) To keep or expose for sale.
    (C) To deliver for value or in any way other than purely 
gratuitously.
    (D) To peddle.
    (E) To keep with intent to sell.
    (F) To traffic in.
    (G) 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.
    (4) The word ``sale'' includes every act of selling as defined in 
subsection 3 of this section.
    (c) Prohibited Activity:
    (1) It shall be unlawful for any person to sell, trade or 
manufacture any alcoholic liquor on the Grand Ronde Reservation except 
as provided for in this Ordinance.
    (2) It shall be unlawful for any business establishment or person 
on the Grand Ronde 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 Grand Ronde Reservation 
licensed by the Tribe, provided, however, that a person may transport 
liquor from a licensed establishment consistent with the terms of the 
license.
    (3) It shall be unlawful for any person to consume alcoholic liquor 
on a public highway.
    (4) 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.
    (5) It shall be unlawful for any person under the age of 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 21 years to transport, possess or consume any alcoholic liquor 
on the Grand Ronde Reservation, or to be under the influence of alcohol 
or to be at an established commercial liquor establishment, except as 
authorized under Section (e) of this Ordinance. No person shall sell or 
furnish alcoholic liquor to any minor.
    (6) 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.
    (d) Procedure for License:
    (1) Any request for a license under this Ordinance must be 
presented to the Tribal Council at least 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:
    (A) Liquor may only be served and handled in a manner no less 
strict than allowed under Oregon Revised Statutes Chapter 471.
    (B) Liquor may only be served by staff of the licensee; and
    (C) Liquor may be served in rooms where gambling is taking place if 
authorized by Tribal Council resolution.
    (2) 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 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.
    (e) Sale or Service of Liquor by Licensee's Minor Employees:
    (1) The holder of a license issued under this Ordinance or Oregon 
Revised Statutes Chapter 472 may employ persons 18, 19 and 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 18, 19 or 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.
    (2) 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 21 years.
    (f) Warning Signs Required.
    (1) 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.
    (2) The sign shall:
    (A) Contain the message: ``Pregnancy and alcohol do not mix. 
Drinking alcoholic beverages, including wine, coolers and beer, during 
pregnancy can cause birth defects.''
    (B) Be either:
    (i) A large sign, no smaller than eight and one-half inches by 11 
inches in size

[[Page 74518]]

with lettering no smaller than five-eighths of an inch in height; or
    (ii) A reduced sign, five by seven inches in size with lettering of 
the same proportion as the large sign described in paragraph (a) of 
this subsection.
    (C) 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.
    (D) 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.
    (E) 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.
    (3) The person described in subsection (1) of this section shall 
also post signs of any size at places where alcoholic beverages are 
displayed.
    (g) Civil Penalty:
    (1) Any person who violates the provisions of this Ordinance 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 $1,000 for 
each such infraction, provided, however, that the penalty shall not 
exceed $5,000 if it involves minors.
    (2) The procedures governing the adjudication in Tribal Court of 
such civil infractions shall be those set out in the Trial Court rules.
    (3) 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.
    (h) Severability:
    (1) If a court of competent jurisdiction finds any provision of 
this Ordinance to be invalid or illegal under applicable Federal or 
Tribal law, such provision shall be severed from this Ordinance and the 
remainder of this Ordinance shall remain in full force and effect.
    (i) Consistency with State Law:
    (1) The Tribe will comply with Oregon Liquor Laws to the extent 
required by 18 U.S.C. 1161.
    (j) Effective Date:
    (1) This Ordinance shall be effective upon publication in the 
Federal Register after approval by the Secretary of the Interior or his 
designee.
    I certify this to be a true copy of the Confederated Tribes of the 
Grand Ronde Community of Oregon Liquor Ordinance.

Jack Giffen, Jr.
Tribal Council Secretary.

 [FR Doc. E8-29023 Filed 12-5-08; 8:45 am]
BILLING CODE 4310-4J-P