[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54842-54844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25467]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Coquille Indian Tribe Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an amendment to the Tribal Code (Code), 
Liquor Control, Chapter 200, for the Coquille Indian Tribe Liquor 
Control Ordinance. 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 use in the community.

DATES: Effective Date: This Ordinance is effective on November 23, 
2009.

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 Coquille Indian Tribe amended the 
liquor control section of its Tribal Code by Resolution No. CY0933 on 
February 28, 2009. 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 Coquille Indian Tribe was duly adopted by the Tribal Council, on 
February 28, 2009.

    Dated: October 14, 2009.
Paul Tsosie,
Chief of Staff, Assistant Secretary--Indian Affairs.

    The Coquille Indian Tribe Liquor Control Ordinance reads as 
follows:

Coquille Indian Tribal Code

Chapter 200

Part 2--Economic Development

Liquor Control

200.010 General

    1. Purpose. This Ordinance is for the purpose of regulating the 
sale, possession and use of alcoholic liquor on the Coquille Indian 
Reservation and other lands subject to Tribal jurisdiction. The 
enactment of this ordinance will increase the ability of the Tribal 
government to regulate liquor distribution and possession on the 
Coquille Indian Reservation, as defined below.
    2. Background. Subject to certain limitations, Article VI, Section 
1 of the Constitution of the Coquille Indian Tribe vests the Coquille 
Tribal Council with legislative and executive authority, including the 
authority to adopt this Ordinance. This Ordinance replaces CITC Chapter 
200, enacted on May 9, 1995 and which remained in effect until adoption 
of this restatement.
    3. Jurisdiction. This Ordinance conforms to all requisite laws as 
required by 18 U.S.C. Sec.  1161.

[[Page 54843]]

200.120 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. ``Coquille Indian Reservation'' shall mean all lands held in 
trust by the United States for the Tribe or its members and all lands 
over which the Tribe exercises jurisdiction, 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;
    (4) To peddle;
    (d) To keep with intent to sell;
    (e) To traffic in, or
    (f) To engage in a transaction for any consideration or promise 
obtained directly or indirectly under any pretext or by any means or to 
procure or allow to be procured for any other person.
    (g) The word ``sale'' includes every act of selling as defined in 
subsection (3) of this section.
    (h) The word ``person'' includes a human being or any entity that 
is recognized by law as having the rights and/or duties of a human 
being.

200.150 Civil Violation

    In addition to being grounds for revocation of a license, any of 
the following shall be a civil violation prosecutable under CITC 
Chapter 650, unless they are otherwise authorized by this Ordinance:
    1. For any person to sell, trade or manufacture any alcoholic 
liquor on the Coquille Indian Reservation except as provided for in 
this Ordinance.
    2. For any business establishment or person on the Coquille Indian 
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 Coquille Indian 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. For any person to consume alcoholic liquor on a public highway.
    4. 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, Tribal government facilities, Coquille Indian 
Housing Authority facilities, and any other public area where minors 
gather for meetings or recreation, except within a Tribally licensed 
establishment where alcohol is sold.
    5. 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.
    6. For any person under the age of 21 years to transport, possess 
or consume any alcoholic liquor on the Coquille Indian Reservation, or 
to be under the influence of alcohol or to be at an established 
commercial liquor establishment, except as authorized under this 
Ordinance.
    7. For any person to sell or furnish alcoholic liquor to any person 
under 21 years of age.
    8. For alcoholic liquor to be given as a prize, premium or 
consideration for a lottery, contest, game of chance or skill, or 
competition of any kind.

200.200 Licensing Procedure

    1. Requests 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) Alcoholic liquor may only be served and handled in a manner no 
less strict than allowed under Oregon Revised Statutes Chapter 471.
    (b) Alcoholic liquor may only be served by employees of the 
licensee; and
    (c) Alcoholic liquor may be served in rooms where gambling is 
taking place if authorized by Tribal Council resolution.
    2. Tribal Council action on a license request must be taken at a 
regular or special meeting.
    3. Unless the request is for a special event license, the Tribal 
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 
government administration building and at the establishment requesting 
the license, and will be sent by Certified Mail to the Oregon Liquor 
Control Commission.
    4. 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.
    5. Licenses issued by the Tribe shall not be transferable and may 
only be utilized by the person in whose name it was issued.

200.300 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 471 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.

200.350 Memorandums of Understanding With the State of Oregon Regarding 
Certain Liquor Licensing and Regulation

    1. Notwithstanding any other provision of this Ordinance, the Tribe 
hereby authorizes and ratifies the negotiation and execution of the 
September 1, 2004 document entitled Memorandum of Understanding 
Governing Liquor Licensing and Regulation (the ``MOU'') between the 
Tribe and the State of Oregon, and this authorization and ratification 
shall be retroactive to September 1, 2004. Moreover, with regard to the 
sale of alcoholic liquor at an establishment described in the MOU, any 
provision of this Ordinance shall yield to a conflicting provision of 
the MOU.
    2. Notwithstanding any other provision of this Ordinance, the sale 
of alcoholic liquor, by the Tribe or an entity owned by the Tribe, at 
an establishment described in the MOU shall be governed exclusively by 
the terms of the MOU.

200.400 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

[[Page 54844]]

alcohol consumption during pregnancy as required under this section.
    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:
    (1) A large sign, no smaller than eight and one-half inches by 11 
inches in size with lettering no smaller than five-eighths of an inch 
in height; or
    (2) A reduced sign, five by seven inches in size with lettering of 
the same proportion as the large sign described in paragraph (1) 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.

200.500 Violations of This Ordinance

    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 
violation. Such civil penalty shall not exceed the sums described in 
CITC Chapter 650.
    2. Such civil violations shall be prosecuted under the procedures 
set forth in CITC Chapter 650.
    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.

200.600 Severability

    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.

200.700 Compliance With 18 U.S.C. 1161

    The Tribe will comply with Oregon Liquor Laws to the extent 
required by 18 U.S.C. 1161.

200.800 Effective Date

    This Ordinance shall be effective upon publication in the Federal 
Register after approval by the Secretary of the Interior or his 
designee.

200.900 Sovereign Immunity

    Nothing in this Ordinance waives the sovereign immunity of the 
Coquille Indian Tribe or any of its officers, directors or employees.

History of Amendments to Chapter 200 Liquor Control Ordinance 5/9/95

    Adopted 2/28/09 CY0933.
    Amended 5/21/09 CY0986.

[FR Doc. E9-25467 Filed 10-22-09; 8:45 am]
BILLING CODE 4310-4J-P