[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 34981-34983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14229]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Stillaguamish Tribe of Indians--Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

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ACTION: Notice.

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SUMMARY: This notice publishes the Stillaguamish Tribe of Indians' 
Liquor Control Ordinance. The Ordinance regulates and controls the 
possession, sale and consumption of liquor within the Stillaguamish 
Tribe of Indians' Indian country. This Ordinance allows for the 
possession and sale of alcoholic beverages within the jurisdiction of 
the Stillaguamish Tribe of Indians, will increase the ability of the 
tribal government to control the distribution and possession of liquor 
within their Indian country, and at the same time, will provide an 
important source of revenue, the strengthening of the tribal government 
and the delivery of tribal services.

DATES: Effective Date: This Ordinance is effective 30 days after June 
12, 2012.

FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 
NE. 11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503) 
231-6731; or De Springer, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; 
Telephone (202) 513-7626.

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 Stillaguamish Tribe of Indians' 
Board of Directors adopted Resolution 2012/019, Re-affirming Resolution 
2011-162 Approving and Adopting the Stillaguamish Tribe of Indians 
Liquor Control Ordinance, with Minor Typographical Changes Herein, on 
January 31, 2012.
    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 Stillaguamish Tribe of Indians' Board of 
Directors adopted Resolution 2012/019 to enact a new Liquor Control 
Ordinance on January 31, 2012.

    Dated: May 31, 2012.
Donald E. Laverdure,
Acting Assistant Secretary--Indian Affairs.

    The Stillaguamish Tribe of Indian Liquor Control Ordinance, as 
amended, shall read as follows:

General Provisions

3.06.600 General Purpose

    The Stillaguamish Tribe of Indians (Tribe) has a significant 
interest in protecting the health, safety and general welfare of its 
members, the residents within the Tribe's Indian Country and those 
persons and businesses doing business on and/or visiting the Tribe's 
Indian Country. The purpose of the Ordinance is to exercise the Tribe's 
jurisdiction to regulate the sale, distribution and taxation of liquor 
within the Tribe's Indian Country in conformity with any compact 
between the Tribe and the State of Washington, Article 10 of the Treaty 
of Point Elliott of 1855, 12 Stat. 927, to which the Tribe is a party, 
and in conformity with 18 U.S.C. 1161, and to raise revenues to fund 
health, safety and general welfare programs and services provided to 
Tribal members and residents of and visitors to land within the Tribe's 
territorial jurisdiction.
    The authority to protect the Tribe as a sovereign political entity 
and to adopt the Ordinance codified herein is vested in the 
Stillaguamish Tribe of Indians, Board of Directors under Article IV and 
Article VII, Sec. 1 of the Constitution, which Board has enumerated 
authority under Article VII, Sec. 1(a) to enact a comprehensive law and 
order code, which provides for Tribal civil and criminal jurisdiction; 
under Article VII, Sec. 1(b) to administer the affairs and assets of 
the Tribe, including Tribal lands and funds; under Article VII, Section 
1(d) to provide for taxes, assessments, permits and license fees upon 
members and non-members within the Tribe's jurisdiction; and under 
Article VII, Sec. 1(h), to exercise other necessary powers to fulfill 
the Board's obligations, responsibilities and purposes as the governing 
body of the Tribe; and in the inherent sovereignty of the Stillaguamish 
Tribe of Indians to regulate its own territory and activities therein.
    The need exists for strict Tribal regulation and control over 
liquor distribution, sales and taxation within the Tribe's Indian 
Country. Therefore, in the public interest and for the welfare of the 
people of the Stillaguamish Tribe of Indians, its employees, the 
residents of and visitors to Indian Country, the Stillaguamish Board of 
Directors, in the exercise of its authority under the Tribe's 
Constitution, declares its purpose by the provisions of this Subchapter 
to regulate the sale and distribution of liquor.

3.06.601 Scope

    (1) This Subchapter shall apply to the full extent of the sovereign 
jurisdiction of the Tribe.
    (2) Compliance with this Subchapter is hereby made a condition of 
the use of any land or premises within the Tribe's Indian Country.
    (3) Any person who resides, conducts business, engages in a 
business transaction, receives benefits from the Tribe, acts under 
Tribal authority, or enters the Tribe's Indian Country shall be deemed 
to have consented to the following:
    (a) To be bound by the terms of this Subchapter;
    (b) To the exercise of the exclusive jurisdiction of the 
Stillaguamish Tribal Court for legal actions arising pursuant to this 
Subchapter; and
    (c) To detainment, service of summons and process, and search and 
seizure, in conjunction with legal actions arising pursuant to this 
Subchapter.
    (4) No portion of this Ordinance and Subchapter shall be construed 
as contrary to Federal law.

3.06.602 Repeal of Prior Liquor Control Laws

    (1) All ordinances and resolutions of the Tribe regulating, 
authorizing, prohibiting or in any way dealing with the sale of liquor 
heretofore enacted or now in effect, including, but not limited to, 
Resolution 2007/145 adopting the Stillaguamish Tribe Liquor Ordinance 
of October 10, 2007, are hereby repealed and are declared to be of no 
further force and effect, with the exception of the provisions of the 
Stillaguamish Tribe of Indians Law and Order Code, including, but not 
limited to, the provisions of Chapter 8.40, Alcohol-Related Offenses.
    (2) The provisions of this Subchapter shall be prospective only 
from the date of its enactment. Nothing contained herein shall be 
deemed to revoke any presently existing valid license or permit or 
renewal thereof previously issued by the Washington State Liquor 
Control Board or the exercise of privilege given thereunder to any 
retailer subject to the provisions of this Subchapter.

3.06.603 Definitions

    All definitions of the Taxation Code Section 3.06.201 apply herein 
unless the terms are otherwise defined in this Subchapter. For purposes 
of this Subchapter, whenever any of the following words, terms or 
definitions is used herein, they shall have the meaning ascribed to 
them in this Subchapter:

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    (1) ``Indian Country,'' consistent with the meaning given in 18 
U.S.C. 1151 means: (a) All land within the limits of the Stillaguamish 
Indian Reservation under the jurisdiction of the United States 
government, notwithstanding the issuance of any patent, and, including 
rights-of-way running through the reservation; and (b) all Indian 
allotments or other lands held in trust for the Tribe or a member of 
the Tribe, including rights-of-way running through the same.
    (2) ``Liquor'' means that liquid as now defined as set forth by the 
Revised Code of Washington in RCW 66.04.010(1), (3), (25), (26) and 
(43).
    (3) ``Sale'' and ``sell'' means as now defined as set forth by the 
Revised Code of Washington in RCW 66.04010(38).
    (4) ``Tribal retailer'' means a liquor retailer wholly-owned by the 
Stillaguamish Tribe of Indians and located in Indian Country.
    (5) ``Tribally-licensed retailer'' means a person who has a 
business license from the Tribe to sell liquor at retail from a 
business located in Indian Country.

3.06.604 Stillaguamish Tax Commission

    The Board hereby authorizes the Tax Commission of the Stillaguamish 
Tribe of Indians to administer this Subchapter, including general 
control, management and supervision of all liquor sales, places of sale 
and sales outlets, and to exercise all of the powers and accomplish all 
of the purposes thereof as hereinafter set forth, and do the following 
acts and things for and on behalf of and in the name of the Tribe:
    (A) Adopting and enforcing rules and regulations for the purpose of 
carrying into effect the provisions of this Subchapter in the 
performance of its functions;
    (B) Collecting, auditing and issuing fees, licenses, taxes and 
permits; and
    (C) Performing all matters and things incidental to and necessary 
to conduct its business and carry out its duties and functions under 
this Subchapter.

License Required

3.06.610 License Required of Tribal Retailers and Tribally-licensed 
Retailers

    Every person engaging in the business of selling liquor within the 
Tribe's Indian Country shall secure a business license from the Tribe 
in the manner provided for by Subchapter 100 of this Title (``Business 
Licenses'') and otherwise comply with all provisions of Subchapter 100.

3.06.611 Prohibitions

    (1) The purchase, sale, and dealing in liquor within the Tribe's 
Indian Country by any person, party, firm, or corporation except 
pursuant to the control, licensing, and regulation of the Stillaguamish 
Tax Commission, is hereby declared unlawful. Without limitation as to 
any other penalties and fines that may apply, any violation of this 
subsection is an infraction punishable by a fine of up to five hundred 
dollars ($500.00).
    (2) Every person engaging in the business of selling liquor within 
the Tribe's Indian Country shall comply with the provisions of Chapter 
8.40, Alcohol-Related Offenses, of the Stillaguamish Tribe of Indians 
Law and Order Code, the provisions of which are re-affirmed and are 
specifically incorporated herein by this reference. Any violation of 
this subsection is punishable pursuant to the penalty provisions of 
Chapter 8.40, Alcohol-Related Offenses of the Stillaguamish Tribe of 
Indians Law and Order Code.

3.06.612 Conformity With State Law As Required

    Tribal retailers and Tribally-licensed retailers shall comply with 
any applicable Washington State liquor law standards to the extent 
required by 18 U.S.C. 1161 and the Agreement Between the Washington 
State Liquor Control Board and the Stillaguamish Indian Tribe for 
Purchase and Resale of Liquor in Indian Country (``Agreement''), if 
any. To the extent provisions of this Subchapter conflict with the 
Agreement, the terms of the Agreement control.

Taxation

3.06.620 Tribal Liquor Tax

    The Tribe expressly reserves its inherent sovereign right to 
regulate the use and sale of liquor through the imposition of Tribal 
taxes thereon. The Board hereby authorizes and expressly reserves its 
authority to impose a Tribal Liquor Tax on sales of all alcoholic 
beverages, including packaged and retail sales of liquor, wine, and 
beer, at a rate determined to be fair and equitable by the Board 
through independent action.

3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax

    The Tribe's Retail Sales Tax shall not apply to retail sales of 
liquor.

Administration

3.06.630 Severability

    If any section, provision, phrase, addition, word, sentence or 
amendment of this Subchapter or its application to any person is held 
invalid, such invalidity shall not affect the other provisions or 
applications of this Subchapter that can be given effect without the 
invalid application, and to that end the provisions of this Subchapter 
are declared severable.

3.06.631 Nondiscrimination

    No provision of this Subchapter shall be construed as imposing a 
regulation or tax that discriminates on the basis of whether a retail 
liquor establishment is owned, managed or operated by a member of the 
Tribe.

3.06.632 Effective Date

    This Subchapter shall be and become effective after thirty (30) 
days of publication by the United States Department of the Interior's 
certification in the Federal Register.

3.06.633 Sovereign Immunity

    Nothing in this Subchapter shall be construed as a waiver or 
limitation of the inherent sovereign immunity of the Tribe.

[FR Doc. 2012-14229 Filed 6-11-12; 8:45 am]
BILLING CODE 4310-4J-P