[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4366-4369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-1391]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Iipay Nation of Santa Ysabel Liquor Control Law

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes Liquor Control Law No. LB-06-08 of the 
Iipay Nation of Santa Ysabel (Nation). The Liquor Control Law regulates 
and controls the possession, sale, and consumption of liquor within the 
tribal lands. The tribal lands are located in Indian country and this 
Liquor Control Law allows for possession and sale of alcoholic 
beverages within their boundaries. The Liquor Control Law contains 
provisions requiring the Nation to issue licenses to all businesses 
that intend to sell liquor. This Liquor Control Law will increase the 
ability of the tribal government to control the Nation's liquor 
distribution and possession, and at the same time 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 Liquor Control Law is effective on January 
25, 2011.

FOR FURTHER INFORMATION CONTACT: Fred Doka, Tribal Government Services 
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA 
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of 
Indian Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 
20240, Telephone: (202) 513-7641.

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 Legislature of the Nation adopted 
Bill No. LB 06-08, Liquor Control Law, on October 8, 2008. The purpose 
of the Liquor Control Law is to govern the distribution, possession, 
consumption and sale of liquor within tribal lands of the Nation.
    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 the Legislature of the Iipay Nation of Santa 
Ysabel adopted its Liquor Control Law, LB 06-08, on October 8, 2008.

    Dated: January 11, 2011.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.

    The Liquor Control Law of the Iipay Nation of Santa Ysabel reads as 
follows:

LIQUOR CONTROL LAW

ARTICLE I--TITLE.

    Section 1.1. This law shall be referred to as the ``Liquor 
Control Law'' or the ``Liquor Control Ordinance'' (``Ordinance'').

ARTICLE II--FINDINGS.

    Section 2.1. The Legislature finds:
    (a) The Iipay Nation of Santa Ysabel (``Nation'') owns and 
operates the new Santa Ysabel Resort and Casino (``Casino'') within 
the Territory of the Nation; and,
    (b) The sale of alcoholic beverages at the Casino provides an 
amenity to the customers of the Casino and directly impacts the 
overall financial success of the Casino.

ARTICLE III--DECLARATION OF PUBLIC POLICY AND PURPOSE.

    Section 3.1. The distribution, possession, consumption and sale 
of liquor on the Santa Ysabel Indian Reservation (``Reservation'') 
is a matter of special concern to the Nation.
    Section 3.2. Federal law, as codified at 18 U.S.C. 1154, 1161, 
currently prohibits the introduction of liquor into Indian country, 
except in accordance with State Law and the duly enacted law of the 
Nation. By adoption of this Ordinance, it is the intention of the 
Legislature to establish a law regulating the sale, distribution and 
consumption of Liquor and to ensure that such activity conforms with 
all applicable provisions of the laws of the State of California and 
all applicable Federal laws.
    Section 3.3. The Legislature, as the legislative body of the 
Nation vested with legislative powers, has the authority pursuant to 
Article V, Section 2 of the Constitution of the Nation 
(``Constitution'') to administer the Nation's assets and manage all 
economic affairs and enterprises of the Nation, as well as has the 
inherent right to enact ordinances and laws to safeguard and provide 
for the health, safety and welfare of the Reservation Community. 
Accordingly, the Legislature has determined that it is in the best 
interests of the Nation to enact a law governing the distribution, 
possession, consumption and sale of liquor within the exterior 
boundaries of the Reservation.
    Section 3.4. The Legislature has determined that the purchase, 
distribution and sale of Liquor shall take place only at duly 
licensed (i) Tribally owned enterprises; (ii) Tribally-licensed 
establishments; and (iii) Tribally-sanctioned Special Events, all as 
operating on Tribal Lands.
    Section 3.5. The Legislature has determined that any sale or 
other commercial distribution of Liquor on the Reservation, other 
than sales and distribution in strict compliance with this 
Ordinance, is detrimental to the health, safety and welfare of the 
members of the Nation and is therefore prohibited.
    Section 3.6. Based upon the foregoing findings and 
determinations, the Legislature hereby enacts this Liquor Control 
Ordinance.

ARTICLE IV--DEFINITIONS

    As used in this Ordinance, the following words shall have the 
following meanings, unless the context clearly requires otherwise.
    Section 4.1. Alcohol. That substance known as ethyl alcohol, 
hydrated oxide of ethyl, or spirit of wine, which is commonly 
produced by the fermentation, or distillation of grain, starch, 
molasses or sugar, or other substances including all dilutions and 
mixtures of this substance.
    Section 4.2. Alcoholic Beverage. Shall be defined identically in 
meaning to the term ``liquor'' as defined herein.
    Section 4.3. Bar. Any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises, of liquor, as herein defined.
    Section 4.4. Beer. Any beverage obtained by the alcoholic 
fermentation at an infusion or concoction of pure hops, or pure 
extract of hops and pure barley malt or other wholesome grain or 
cereal in pure water containing not more than four percent (4%) of 
alcohol by volume. For the purpose of this title, any such beverage, 
including ale, stout, and porter, containing more than four percent 
(4%) of alcohol by weight shall be referred to as ``strong beer''.
    Section 4.5. Gaming Compact. The federally approved Tribal-State 
Compact, dated September 10, 2003, between the State of California 
and the Nation.
    Section 4.6. Liquor. The four varieties of liquor herein defined 
(alcohol, spirits, wine, and beer), and all fermented spirituous, 
vinous, or malt liquor or combinations thereof and mixed liquor, or 
a part of which is fermented, spirituous, vinous, or malt liquor, or 
otherwise intoxicating; and every other liquid or solid or semisolid 
or other substance, patented or not, containing alcohol, spirits, 
wine or beer, and all drinks or drinkable liquids and all 
preparations or mixtures capable of human consumption, and any 
liquid, semisolid, solid, or other substances that contains more 
than one percent (1%) of alcohol by weight, shall be conclusively 
deemed to be intoxicating.
    Section 4.7. Liquor Store. Any store at which liquor is sold 
and, for the purpose of

[[Page 4367]]

this Ordinance, including any store only a portion of which is 
devoted to the sale of liquor or beer.
    Section 4.8. Licensed Wholesaler. A wholesale seller of liquor 
that is duly licensed by the Nation and the State.
    Section 4.9. Malt liquor. Beer, strong beer, ale, stout and 
porter.
    Section 4.10. Package. Any container or receptacle used for 
holding liquor.
    Section 4.11. Public Place. Includes gaming facilities and 
commercial or community facilities of every nature 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 access, and which 
generally are used by the public.
    Section 4.12. Sale and Sell. Any exchange, barter, and traffic; 
and also includes the selling of 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.
    Section 4.13. Special Event. Any social, charitable or for-
profit discreet activity or event conducted by the Nation or any 
enterprise on Tribal Lands at which Liquor is sold or proposed to be 
sold.
    Section 4.14. Spirits. Any beverage, which contains alcohol 
obtained by distillation, including wines exceeding seventeen 
percent (17%) of alcohol by weight.
    Section 4.15. State Law. The duly enacted applicable laws and 
regulations of the State of California, specifically, Division 9--
Alcoholic Beverages, as set forth at California Business and 
Professions Code Division 9, Sections 23000 through 25762, as 
amended from time to time, and all applicable provisions of the 
Compact.
    Section 4.16. Legislature. The legislative body of the Nation as 
defined in the Constitution.
    Section 4.17. Nation. Means or refers to the Iipay Nation of 
Santa Ysabel, a federally recognized Indian tribe.
    Section 4.18. Tribal Enterprise. Any business entity, operation 
or enterprise owned, in whole or in part, by the Nation.
    Section 4.19. Tribal Land. All land within the exterior 
boundaries of the Santa Ysabel Indian Reservation that is held in 
trust by the United States for the benefit of the Tribe.
    Section 4.20. Wine. Any alcoholic beverage obtained by 
fermentation of any fruits (grapes, berries, apples, etc.), or fruit 
juice, and containing not more than seventeen percent (17%) of 
alcohol by weight, including sweet wines fortified with wine 
spirits, such as port, sherry, muscatel and angelica, not exceeding 
seventeen percent (17%) of alcohol by weight.

ARTICLE V--ENFORCEMENT

    Section 5.1. Executive Powers. The Chairman of the Nation, as 
the official vested with the executive powers of the Nation under 
the Article VI, Section 2 of the Constitution and/or his 
designee(s), in furtherance of this Ordinance, shall have the power 
and duty to:
    (a) Publish and enforce such rules and regulations governing the 
purchase, sale, consumption and distribution of alcoholic beverages 
in public places on the Santa Ysabel Indian Reservation as the 
Chairman deems necessary.
    (b) Employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
Chairman or his designee(s) to exercise the authority as set forth 
in this Ordinance.
    (c) Issue licenses permitting the sale and/or distribution of 
Liquor on the Santa Ysabel Indian Reservation.
    (d) Hold hearings on violations of this Ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) Bring suit in the appropriate court to enforce this 
Ordinance as necessary;
    (f) Determine and seek damages for violation of this Ordinance;
    (g) Publish notices and, in the case of any Chairman 
designee(s), make such reports to the Legislature as may be 
appropriate;
    (h) Collect sales taxes and fees levied or set by the Chairman 
on liquor sales and the issuance of liquor licenses, and to keep 
accurate records, books and accounts;
    (i) Take or facilitate all action necessary to follow or 
implement applicable provisions of State Law as required;
    (j) Cooperate with appropriate State of California authorities 
for purposes of prosecution of any violation of any criminal law of 
the State of California; and
    (k) Exercise such other powers as may be necessary and 
appropriate, and in the case of any Chairman designee(s), delegated 
from time to time by the Chairman, to implement and enforce this 
Ordinance.
    Section 5.2. Limitation on Powers. In the exercise of his powers 
and duties under this Ordinance, the Chairman, his designee(s), and 
their employees and agents shall not:
    (a) Accept any gratuity, compensation or other thing of value 
from any liquor wholesaler, retailer or distributor, or from any 
licensee; or
    (b) Waive the immunity of the Tribe from suit except by express 
law enacted by the Legislature, such waiver being subject to the 
following limitations: the waiver must be transaction specific, 
limited as to scope, duration and beneficiary, include a provision 
that limits recourse only to specified assets or revenues of the 
Nation or the Nation's entity, and specify the process and venue for 
dispute resolution, including applicable law.
    Section 5.3. Inspection Rights. The public places on or within 
which liquor is sold or distributed shall be open for inspection by 
the Chairman or his designee(s) at all reasonable times for the 
purposes of ascertaining compliance with this Ordinance and other 
regulations promulgated pursuant hereto.

ARTICLE VI--LIQUOR SALES

    Section 6.1. License Required. No distribution or sales of 
Liquor shall be made on or within public places within the exterior 
boundaries of the Santa Ysabel Indian Reservation, except at a duly 
licensed and authorized Special Event, a Tribal Enterprise, Bar, or 
Liquor Store located on Tribal Lands.
    Section 6.2. Sale only on Tribal Land. All liquor sales within 
the exterior boundaries of the Reservation shall be on Tribal Land, 
including leases thereon.
    Section 6.3. Sales for Cash. All liquor sales within the 
Reservation boundaries 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 cashiers or personal checks, payroll checks, debit credit 
cards or credit cards issued by any financial institution.
    Section 6.4. Sale For Personal Consumption. Except for sales by 
Licensed Wholesalers, all sales shall be for the personal use and 
consumption of the purchaser or members of the purchaser's 
household, including guests, who are over the age of twenty-one 
(21). Resale of any alcoholic beverage purchased within the exterior 
boundaries of the Reservation is prohibited. Any person who is not 
licensed pursuant to this Ordinance who purchases an alcoholic 
beverage within the boundaries of the Reservation and re-sells it, 
whether in the original container or not, shall be guilty of a 
violation of this Ordinance and shall be subject to exclusion from 
the Reservation or liability for money damages of up to five hundred 
dollars ($500), as determined by the Chairman or his designee(s) 
after notice and an opportunity to be heard.
    Section 6.5. Compliance Required. All distribution, sale and 
consumption of liquor within the Law.

ARTICLE VII--LICENSING

    Section 7.1. Licensing Procedures. In order to control the 
proliferation of establishments on the Reservation that sell or 
provide liquor by the bottle or by the drink, all persons or 
entities that desire to sell liquor, whether wholesale or retail, 
within the exterior boundaries of the Santa Ysabel Indian 
Reservation must apply to the Chairman or his designee(s) for a 
license to sell or provide liquor; provided, however, that no 
license is necessary to provide liquor within a private single-
family residence on the Reservation for which no money is requested 
or paid.
    Section 7.2. State Licensing. In the event dual Tribal and State 
licenses are required by State Law, no person shall be allowed or 
permitted to sell or provide liquor on the Santa Ysabel Indian 
Reservation unless such person is also licensed by the State of 
California, as required, to sell or provide such liquor. If any such 
license from the State is revoked or suspended, any applicable 
license issued by the Nation shall automatically be revoked or 
suspended.
    Section 7.3. Application. Any person applying for a license to 
sell or provide liquor on the Santa Ysabel Indian Reservation shall 
complete and submit an application provided for this purpose by the 
Chairman or his designee(s) and pay such application fee as may be 
set from time to time by the Chairman for this purpose. An 
incomplete application will not be considered. The Chairman shall 
establish licensing procedures and application forms for 
wholesalers, retailers and special events.
    Section 7.4. Issuance of License. The Chairman or his designee 
may issue a license if he believes such issuance is in the best 
interests of the Nation, the residents of the

[[Page 4368]]

Santa Ysabel Indian Reservation and the surrounding community. 
Licensure is a privilege, not a right, and the decision to issue any 
license rests in the sole discretion of the Chairman.
    Section 7.5. Period of License. Each license may be issued for a 
period not to exceed two (2) years from the date of issuance.
    Section 7.6. Renewal of License. A licensee may renew its 
license if it has complied in full with this Ordinance and has 
maintained its licensure with the State of California, as required; 
however, the Chairman or his designee may refuse to renew a license 
if he finds that doing so would not be in the best interests of the 
health and safety of the members of the Nation and the other 
residents of the Santa Ysabel Indian Reservation.
    Section 7.7. Revocation of License. The Chairman or his designee 
may revoke a license for reasonable cause upon notice and hearing at 
which the licensee shall be given an opportunity to respond to any 
charges against it and, to demonstrate why the license should not be 
suspended or revoked.
    Section 7.8. Transferability of Licenses. Licenses issued by the 
Chairman or his designee shall not be transferable and may only be 
utilized by the person or entity in whose name it was issued.

ARTICLE VIII--TAXES

    Section 8.1. Sales Tax. The Chairman shall have the authority to 
impose a sales tax on all wholesale and retail liquor sales that 
take place within the Reservation. Such tax may be implemented by 
duly promulgated regulation issued by the Chairman or his designee 
pursuant to this Ordinance. Any tax imposed by authority of this 
Section shall apply to all retail and wholesale sales of liquor 
within the Reservation, and to the extent permitted by law shall 
preempt any tax imposed on such liquor sales by the State of 
California.
    Section 8.2. Payment of Taxes to the Nation. All taxes imposed 
pursuant to this Article VIII shall be paid over to the Nation and 
be subject to distribution by the Legislature in accordance with its 
usual appropriation procedures for essential governmental functions 
and social services, including administration of this Ordinance.

ARTICLE IX--RULES, REGULATIONS, AND ENFORCEMENT

    Section 9.1. Evidence. In any proceeding under this title, proof 
of one unlawful sale or distribution of liquor shall suffice to 
establish prima facie intent or purpose of unlawfully keeping liquor 
for sale, selling liquor or distributing liquor in violation of this 
Ordinance.
    Section 9.2. Civil Violations. Any person who shall sell or 
offer for sale or distribute or transport in any manner any liquor 
in violation of this Ordinance, or who shall have liquor in his/her 
possession for distribution or resale without a permit, shall be 
guilty of a violation of this Ordinance subjecting him/her to civil 
damages assessed by the Chairman or his designee. Nothing in this 
Ordinance shall apply to the possession or transportation of any 
quantity of liquor by members of the Nation or other persons located 
within the Reservation for their personal or other noncommercial 
use, and the possession, transportation, sale, consumption or other 
disposition of liquor outside public places on the Santa Ysabel 
Indian Reservation shall be governed solely by the laws of the State 
of California.
    Section 9.3. Illegal Purchases. Any person within the boundaries 
of the Santa Ysabel Indian Reservation who, in a public place, buys 
liquor from any person other than at a properly licensed facility 
shall be guilty of a violation of this Ordinance.
    Section 9.4. Sale to Intoxicated Person. Any person who sells 
liquor to a person apparently under the influence of liquor shall be 
guilty of a violation of this Ordinance.
    Section 9.5. Providing Liquor to Underage Person. No person 
under the age of twenty-one (21) years shall serve, consume, acquire 
or have in his/her possession any alcoholic beverages. Any person 
violating this section in a public place shall be guilty of a 
separate violation of this Ordinance for each and every drink so 
consumed.
    Section 9.6. Selling Liquor to Underage Person. Any person who, 
in a public place, shall sell or provide any liquor to any person 
under the age of twenty-one (21) years shall be guilty of a 
violation of this Ordinance for each such sale or drink provided.
    Section 9.7. Civil Penalty. Any person guilty of a violation of 
this Ordinance shall, be liable to pay the Nation the amount of two 
hundred fifty dollars ($250) per violation as civil damages to 
defray the Nation's cost of enforcement of this Ordinance. The 
payment of such damages in each case shall be determined by the 
Chairman or his designee based upon a preponderance of the evidence 
available to it after the person alleged to have violated this 
Ordinance has been given notice, hearing and an opportunity to 
respond to such allegations.
    Section 9.8. Identification Requirement. Whenever it reasonably 
appears to a licensed purveyor of liquor that a person seeking to 
purchase liquor is under the age of twenty-seven (27), the 
prospective purchaser shall be required to present any one of the 
following officially issued cards of identification which shows his/
her correct age and bears his/her signature and photograph:
    (1) Drivers license of any state or identification card issued 
by any state Department of Motor Vehicles;
    (2) United States Uniformed Services identification documents;
    (3) Passport; or
    (4) Gaming license or work permit issued by the Tribal Gaming 
Commission, if said license or permit contains the bearer's correct 
age, signature and photograph.

ARTICLE X--ABATEMENT

    Section 10.1. Public Nuisance Established. Any public place 
where liquor is sold, manufactured, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provisions 
of this Ordinance, and all property kept in and used in maintaining 
such place, is hereby declared to be a public nuisance.
    Section 10.2. Abatement of Nuisance. The Chairman shall 
institute and maintain an action in the Judicial Branch of the 
Nation, or another court of competent jurisdiction, in the name of 
the Nation to abate and perpetually enjoin any nuisance declared 
under this title. Upon establishment of probable cause to find that 
a nuisance exists, restraining orders, temporary injunctions and 
permanent injunctions may be granted in the cause as in other 
injunction proceedings, and upon final judgment against the 
defendant the court may also order the room, 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 five thousand dollars ($5,000) payable to the Nation and 
conditioned that liquor will not be thereafter be manufactured, 
kept, sold, bartered, exchanged, given away, furnished or otherwise 
disposed of thereof in violation of the provision of this title or 
of any other applicable law of the Nation, and that s/he will pay 
all fines, costs and damages assessed against him/her for any 
violation of this title or other liquor laws of the Nation. If any 
conditions of the bond should be violated, the whole amount may be 
recovered for the use of the Nation.
    Section 10.3. Evidence. In all cases where any person has been 
found responsible for a violation of this Ordinance relating to 
manufacture, importation, transportation, possession, distribution 
or sale of liquor, an action may be brought to abate as a public 
nuisance the use of any real estate or other property involved in 
the violation of this Ordinance, and proof of 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 XI--USE OF PROCEEDS

    Section 11.1. Application of Proceeds. The gross proceeds 
collected by the Nation from all Licensing of the sale of alcoholic 
beverages within the Reservation and from fines imposed as a result 
of violations of this Ordinance, shall be applied as follows: (a) 
First, for the payment of all necessary personnel, administrative 
costs, and legal fees incurred in the enforcement of this Ordinance; 
and (b) Second, the remainder shall be turned over to the General 
Fund of the Nation and expended by the Legislature for governmental 
services and programs on the Reservation in accordance with the 
requirements of the Constitution.

ARTICLE XII--MISCELLANEOUS PROVISIONS

    Section 12.1. Severability and Savings Clause. If any provision 
or application of this Ordinance is determined by judicial review to 
be invalid, such provision shall be deemed ineffective and void, but 
shall not render ineffectual the remaining portions of this 
Ordinance, which shall remain in full force and effect.
    Section 12.2. Effective Date. This Ordinance shall be effective 
as of the date on which the Secretary of the Interior certifies this 
Ordinance and publishes the same in the Federal Register.
    Section 12.3. Repeal of Prior Acts. Any and all prior 
resolutions, laws, regulations or ordinances pertaining to the 
subject matter set forth in this Ordinance are hereby rescinded and 
repealed in their entirety.

[[Page 4369]]

    Section 12.4. Conformance with State Law. All acts and 
transactions under this Ordinance shall be in conformity with the 
Compact and the laws of the State of California to the extent 
required by 18 U.S.C. Sec. 1161 and with all Federal laws regarding 
alcohol in Indian Country.

ARTICLE XIII--AMENDMENTS

    This Ordinance may be amended only pursuant to a law duly 
enacted by the Legislature with certification by the Secretary of 
the Interior and publication in the Federal Register, if required.

ARTICLE XIV--SOVEREIGN IMMUNITY

    Nothing contained in this Ordinance is intended to nor does it 
in any way limit, alter, restrict, or waive the Nation's sovereign 
immunity from unconsented suit or action.

ARTICLE XV--SEVERABILITY

    If any provision of this Act is held to be void, or 
unenforceable, it shall be considered deleted from this Act and the 
invalidity of such provision shall not affect the validity or 
enforceability of any other provision which shall be given effect in 
the absence of the invalid provision. The remaining provisions shall 
continue in full force and effect without being invalidated.

[FR Doc. 2011-1391 Filed 1-24-11; 8:45 am]
BILLING CODE 4310-4J-P