[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Pages 15037-15039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-05499]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Bishop Paiute Tribe--Liquor Control Ordinance No. 2012-07

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance No. 2012-07 
of the Bishop Paiute Tribe. The Ordinance regulates and controls the 
possession, sale and consumption of liquor within the Indian Country of 
the Bishop Paiute Tribe. The land is trust land and this Ordinance 
allows for the possession and sale of alcoholic beverages within the 
jurisdiction of the Bishop Paiute Tribe. This Ordinance will increase 
the ability of the tribal government to control the distribution and 
possession of liquor within their jurisdiction, 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 March 8, 2013.

FOR FURTHER INFORMATION CONTACT: Harley Long, Tribal Government 
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Sacramento, CA 95825, Phone: (916) 978-6067; Fax: (916) 
916-6099: or De Springer, Office of Indian Services, Bureau of Indian 
Affairs, 1849 C Street NW., MS-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 Bishop Tribal Council adopted this 
Ordinance by Resolution T2012-46 on October 29, 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 Bishop Tribal Council duly adopted Liquor 
Control Ordinance No. 2012-07 by Resolution T2012-46 on October 29, 
2012.

    Dated: February 28, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.

    The Bishop Paiute Tribal Liquor Control Ordinance No. 2012-07 shall 
read as follows:

Preamble

    The Bishop Paiute Tribe (Tribe), aka the Paiute-Shoshone Indians of 
the Bishop Community of the Bishop Colony (Tribe), a federally 
recognized Indian Tribe located on the Bishop Paiute Reservation, 
established under Act of Congress of April 20, 1937 (50 Statutes 70), 
in Inyo County, California, with inherent sovereignty and a government 
to government relationship with the United States of America, has all 
the rights accorded to federally recognized tribes, with the Bishop 
Paiute Tribal Council recognized as the duly elected governing body of 
the Tribe.
    This Ordinance is hereby enacted by the Bishop Tribal Council 
(Tribal Council) in exercising its inherent legal authority as the 
governing body of the Bishop Paiute Tribe.
    Additional authority for the adoption of this ordinance is found in 
Federal Law at 18 U.S.C. 1161, providing in part that the Indian Liquor 
Laws found in the United States Code, shall not apply to any act or 
transaction with any area of Indian Country, provided such act or 
transaction is in conformity with both the laws of the state in which 
such act or transaction occurs, and with the laws duly adopted by the 
Tribe having jurisdiction over such areas of Indian Country.

Section 1.00--Declaration of Purpose

    The purpose of this Ordinance is to regulate the sale, possession 
and use of alcoholic liquor on the Bishop Paiute Reservation and other 
lands subject to Tribal jurisdiction with the exception of Blocks 
thirty seven (37) and thirty eight (38) which are addressed by General 
Council Ordinance adopted on August 22, 1961. This Ordinance (2012-07) 
does not change or affect any provisions of the General Council 
Ordinance relating to Blocks thirty seven (37) and thirty eight (38).

Section 2.00--Definitions

    In construing the provisions of this Ordinance, the following words 
or phrases shall have the meaning designated unless a different meaning 
is

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expressly provided or the context clearly indicates otherwise.
    01. ``Licensed Premises'' means any Tribally authorized 
establishment at which liquor is sold and, for the purpose of this 
Ordinance, includes stores only a portion of which are devoted to sale 
of liquor or beer, any bar, or any public place designated by the 
Tribes as a licensed establishment for the sale of liquor/alcohol 
beverages under this ordinance.
    .02 ``Liquor/Alcohol Beverage'' includes all alcohol, spirits, 
wine, beer, and any liquid or solid containing alcohol, spirits, wine 
or beer, and which contains one-half of one percent or more of alcohol 
by volume and which is fit for beverage purposes either alone or when 
diluted, mixed or combined with other substances. Alcohol and liquor 
are interchangeable in this ordinance.
    .03 ``Tribal Council'' means the Bishop Tribal Council, the duly 
elected governing body of the Tribe.
    .04 ``Tribal Land'' means all lands within the exterior boundaries 
of the Bishop Paiute Reservation and such other lands as may hereafter 
be acquired by the Tribe, whether within or without the present 
exterior boundaries, under any grant, transfer, purchase, gift, 
adjudication, executive order, Act of Congress, or other means of 
acquisition.
    .05 ``Tribal Court'' means the Bishop Paiute Tribal Court.

Section 3.00--Manufacture, Possession and Sales of Liquor/Alcohol

    .01 Sales of Liquor/Alcohol--The sale of alcoholic beverages by 
business enterprises owned by and/or subject to the control of the 
Tribe under this ordinance shall be lawful within the exterior 
boundaries of the Bishop Paiute Reservation, provided such sales are in 
conformity with the laws of the State of California governing the sale 
of alcoholic beverages and this ordinance.
    .02 Sales for Cash--All liquor/alcohol sales on Tribal Land 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 use of major credit cards such as, but not limited to Visa or 
American Express.
    .03 Sales for Personnel Consumption--All liquor/alcohol sales shall 
be for the personal use and consumption of the purchaser. Resale of any 
liquor/alcohol purchased on or off Tribal Lands is prohibited. Any 
person who is not licensed pursuant to this ordinance and who purchases 
liquor/alcoholic beverages on or off Tribal Lands and sells it on 
Tribal Lands within Tribal jurisdiction, whether in the original 
container or not, shall be guilty of a violation of this ordinance and 
shall be subject to penalties as set forth herein.
    Nothing in this section shall prohibit a tribal licensee or the 
Tribe from purchasing liquor from an off reservation source for resale 
on the Reservation or the delivery to the Tribe for a tribal licensee 
of liquor purchased from off-reservation sources for resale on the 
Reservation.

Section 4.00--Prohibition of Sale of Liquor/Alcohol

    .01 Prohibition of the unlicensed sale of liquor/alcohol--No person 
shall import for sale, manufacture, distribute, or sell any liquor/
alcohol beverages within the reservation without first applying for and 
obtaining a Tribal liquor/alcohol license from the Tribal Council 
issued in accordance with the provisions of this ordinance. Prior to 
the Tribal Council issuing such liquor/alcohol license, the applicant 
must possess a valid California liquor/alcohol license.
    .02 Authorize to Sell Liquor/Alcohol--Any person applying for and 
obtaining a liquor/alcohol license under the provisions of this 
ordinance shall have the right to engage in only liquor/alcohol 
transactions expressly authorized by such license and only at those 
specific places or areas designated in the license.
    .03 Types of license--The Tribal Council shall have the authority 
is issue the following types of liquor licenses within the reservation.
    (a) ``Retail on-sale general license'' means a license authorizing 
the applicant to sell liquor/alcoholic beverages at retail to be 
consumed by the buyer only on the premises or at the location 
designated in the license.
    (b) ``Retail on-sale beer and wine license'' means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer only on the premises or at the location 
designated in the license.
    (c) ``Retail off-sale general license'' means a license authorizing 
the applicant to sell liquor/alcoholic beverages at retail to be 
consumed by the buyer off the premises or at a location other than the 
one designated in the license.
    (d) ``Retail off-sale beer and wine license'' means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer off the premises or at a location other than the 
one designated in the license.
    (e) ``Manufacture's license'' means a license authorizing the 
applicant to manufacture liquor/alcoholic beverages for the purpose of 
sale on the reservation.

Section 5.00--Age Limit

    The drinking age for individuals within the exterior boundaries of 
the Bishop Paiute Reservation and/or general governmental jurisdiction 
of the Tribe shall be the same as that of the State of California, 
which is currently 21 years. No person under the age of 21 years shall 
purchase, possess or consume any liquor/alcoholic beverage. At such 
time, if any, as California Business and Profession Code Section 25658, 
which sets the drinking age for the State of California, is repealed or 
amended to raise or lower the drinking age within California, the Tribe 
shall operate concurrently with the State of California as to legal 
liquor/alcohol drinking age limits.
    .01 Sale or Service of Liquor/Alcohol by licensee's minor employees
    (a) The holder of a license issued under this Ordinance may 
employee 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 California Department of Alcoholic 
Beverage Control as being prohibited to the use of minors. However, no 
person who is 18, 19 and 20 years 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.
    (b) Except as stated in this section, it shall be unlawful to hire 
any person to work in connection with the sale and service of liquor/
alcoholic beverage in a tribally licensed liquor/alcohol establishment 
if such person is under the age of 21 years.

Section 6.00--Signs

    Licensed premises establishments must post signs that conform to 
applicable State, Federal and Tribal Laws.

Section 7.00--Rules and Regulations

    .01 Sale of Possession of with the intent of sell without a Liquor/
Alcohol License--Any person who sells or offers for sale or distributes 
or transport(s) in any manner, any liquor in violation of this 
ordinance, or who possesses liquor/alcohol with intent to sell or 
distribute without a Tribal liquor license, shall be guilty of a 
violation of this ordinance.
    .02 Sale(s) to Intoxicated Persons--Any person who knowingly sells 
liquor/alcohol to any person under the

[[Page 15039]]

influence of liquor/alcoholic beverage, to the extent that control of 
the person's faculties is impaired shall be guilty of a violation of 
this ordinance.
    .03 Consuming Liquor/Alcohol in Public Conveyance--Any person 
engaged wholly or in part in the public conveyance business of carrying 
passengers for hire and every agent, servant, or employee or such 
person, who knowingly permits any person to drink any liquor/alcohol in 
any vehicle that carries passengers for hire, while such vehicle in on 
Tribal land, shall be guilty of a violation of this ordinance. Any 
person who drinks any liquor/alcohol in any vehicle that carries 
passengers for hire, while such vehicle is on Tribal land, shall be 
guilty of a violation of this ordinance.
    .04 Liquor/Alcohol may not be given as a prize, gift, premium or 
consideration for a lottery, contest, game of chance or skill, or 
competition of any kind.

Section 8.00--Enforcement and Jurisdiction

    .01 Enforcement--The Tribe through its Tribal Council and Bishop 
Paiute Tribal Court (Tribal Court) and duly authorized security 
personnel, shall have the authority to enforce this Ordinance which 
shall include confiscating any liquor/alcohol manufactured, introduced, 
sold or possessed located on Tribal Lands in violation of this 
ordinance. The Tribal Council shall be empowered to sell confiscated 
liquor/alcohol for the benefit of the Tribe after receiving Tribal 
Court approval, and to develop and approve such regulations as may 
become necessary for the enforcement of this Ordinance.
    .02 Jurisdiction--Any violations of this ordinance shall constitute 
a public nuisance under Tribal law. It shall be the Tribal Council or 
its duly authorized security personnel who may initiate and maintain an 
action in the Tribal Court to abate and permanently enjoin any nuisance 
declared under this ordinance and to enforce any and all provisions and 
penalties under this ordinance. The Tribal Council shall authorize and 
implement the development of Court rules and procedures that will 
ensure due process as to all Tribal Court proceedings under this 
ordinance. Any actions taken under this section 8 may be in addition to 
any other penalties provided in this ordinance or adopted by the Tribal 
Council from time to time. This ordinance when approved by the United 
States Department of the Interior and published in the Federal Register 
shall fall under the jurisdiction of the Tribal Court.
    .03 General penalties--The Tribe through the Tribal Court may 
implement monetary fines not to exceed $500 for each violation and/or 
causing the suspension or revocation of a liquor/alcohol license. The 
Tribal Court may adopt by resolution a separate schedule of fines for 
each type of violation, taking into account its seriousness and the 
threat it may pose to the general health and welfare of tribal members. 
This schedule will include violations for repeat offenders. Any 
penalties provided herein shall in addition to any criminal penalties, 
which may be imposed by the Tribal Court through an adopted separate 
ordinance that conforms to federal law.
    .04 Conflicting provisions--Whenever any conflict occurs between 
the provisions of this ordinance or the provisions of any other 
ordinance of the Tribe, the stricter of such provisions shall apply.
    .05 Severability--If any provision or application of this ordinance 
is determined invalid such determination shall not invalidate the 
remaining portions of this ordinance.

Section 9.00--Limited Waiver of Sovereign Immunity

    By enacting this ordinance, the Tribe does not waive, or limit or 
modify its sovereign immunity from unconsented suit or any other 
judicial or administrative proceeding except as specifically provided 
herein.
    The Tribe agrees and grants a limited waiver of its sovereign 
immunity solely for the purpose of authorizing the State of California 
through or on behalf of the California State Department of Alcohol 
Beverage Control or any other appropriate sState agency to bring an 
action in courts of appropriate jurisdiction with the State of 
California or California State Administrative Proceedings, for the 
purpose of providing the State of California with remedies to enforce 
all laws, rules, regulations and rights the state has relating to the 
issuance of a liquor/alcohol beverage license to the Tribe.

Section 10.00--Revocation/Suspension of License

    The Tribal Council may revoke or suspend the license for reasonable 
cause after providing the licensee with notice and an opportunity to 
participate in a hearing at which time the licensee is given an 
opportunity to respond to any claims against it alleging a violation of 
this Ordinance, and to demonstrate why the license should not be 
revoked or suspended. Any determination of the Tribal Council 
concerning revocation or suspension of a license is final. The Tribal 
Council shall direct its authorized representatives to prepare 
appropriate rules of procedure concerning how a revocation/suspension 
hearing is to be held and the form of notice to be given to a licensee 
subject to potential revocation or suspension of its license.

Section 11.00--Inspection of Licensed Premises

    The premises on which liquor is sold or distributed shall be open 
for inspection by the Tribal Council and/or its authorized 
representative with respect to the enforcement of this Ordinance at all 
reasonable times for the purpose of ascertaining whether the rules and 
regulations of the Tribal Council and this Ordinance are being complied 
with.

[FR Doc. 2013-05499 Filed 3-7-13; 8:45 am]
BILLING CODE 4310-4J-P