[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5451-5455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02097]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[145A2100DD/AAK3000000/A0T500000.000000]


Snoqualmie Indian Tribe--Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Snoqualmie Indian Tribe's Liquor 
Control Ordinance. The ordinance regulates and controls the possession, 
sale, and consumption of liquor within the Snoqualmie Indian Tribe's 
Indian country. This ordinance allows for the possession and sale of 
alcoholic beverages within the jurisdiction of the Snoqualmie Indian 
Tribe, 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 January 31, 2014.

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 Dee 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 Snoqualmie Indian Tribe's Tribal 
Council adopted Resolution 02-2014 to enact the Alcoholic 
Beverage Control

[[Page 5452]]

Act authorizing the certification and publication of the Snoqualmie 
Liquor Control Ordinance on January 9, 2014.
    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 Snoqualmie Indian Tribes' Tribal Council 
adopted Resolution 02-2014 to enact the Alcoholic Beverage 
Control Act authorizing the certification and publication of the 
Snoqualmie Liquor Control Ordinance on January 9, 2014.

    Dated: January 28, 2014.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
    The Snoqualmie Indian Tribe's Liquor Control Ordinance shall read 
as follows:

SECTION 1.0--INTRODUCTION

1.1 Title

    This Chapter shall be known as the ``Snoqualmie Tribal Liquor 
Control Ordinance'' and shall be codified as Title 8, Chapter 3 of the 
Snoqualmie Tribal Code.

1.2 Authority

    This Ordinance is enacted pursuant to the Act of August 15, 1953, 
67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of the 
Snoqualmie Tribal Council enumerated in Article VIII of the 
Constitution of the Snoqualmie Tribe of Indians, and in conformity with 
applicable Washington State laws and all attendant agreements with the 
State of Washington.

1.3 Purpose

    The purpose of this Ordinance is to regulate and control the 
possession and sale of liquor on the Snoqualmie Tribe's trust land. The 
enactment of this Ordinance governing liquor possession and sale on the 
Snoqualmie Tribe's trust land will increase the ability of the 
Snoqualmie Tribal Council to control the sale, distribution and 
possession of liquor on the Snoqualmie Tribe's trust land and will 
provide an important source of revenue for the continued operation and 
strengthening of the Snoqualmie tribal government and the delivery of 
tribal government services.

1.4 Effective Date

    This Ordinance shalt be effective upon certification by the 
Secretary of the Interior and its publication in the Federal Register.

SECTION 2.0--DECLARATION OF PUBLIC POLICY AND PURPOSE

    (a) The introduction possession and sale of liquor on the trust 
land is a matter of special concern to the Tribe.
    (b) Federal law currently prohibits the introduction of liquor into 
Indian Country (18 U.S.C. 1154), except as provided therein and 
expressly delegates to tribes the decision regarding when and to what 
extent liquor transactions shall be permitted (18 U.S.C. 1161).
    (c) The Tribal Council recognizes that a need still exists for 
strict tribal regulation and control over liquor transactions within 
trust land because of the many potential problems associated with the 
unregulated or inadequately regulated sale, possession, distribution, 
and consumption of liquor. The Tribal Council finds that tribal control 
and regulation of liquor is necessary to achieve maximum economic 
benefit to the Tribe, to protect the health and welfare of tribal 
members, and to address specific concerns relating to alcohol use on 
the trust land.
    (d) It is in the best interests of the Tribe to enact an ordinance 
governing liquor sales on trust land. Further, the Tribe has determined 
that the purchase, distribution and sale of liquor shall take place 
only at tribally-owned enterprises and/or tribally licensed 
establishments operating on trust land.

2.2 Definitions

    As used in this title, the following words shall have the following 
meanings unless the context clearly requires otherwise:
    (a) ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, ethanol, or spirits 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 from whatever source or by whatever process 
produced.
    (b) ``Alcoholic Beverage'' is synonymous with the term ``liquor'' 
as defined in Section 2.2(d) of this Chapter.
    (c) ``Beer'' means any beverage such as beer, ale, lager beer, 
stout, and porter obtained by the alcoholic fermentation of an infusion 
or decoction of pure hops, or pure extract of hops and pure barley malt 
or other wholesome grain or cereal in pure water and containing not 
more than eight percent of alcohol by weight, and not less than one-
half of one percent of alcohol by volume. For the purposes of this 
title, any such beverage containing more than eight percent of alcohol 
by weight shall be referred to as ``strong beer.''
    (d) ``Liquor'' includes the four varieties of liquor herein defined 
(alcohol, spirits, wine, and beer), includes all fermented, spirituous, 
vinous, or malt liquor or combinations thereof, and mixed liquor, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every 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 substance, which contains more than one percent of alcohol by 
weight shall be conclusively deemed to be intoxicating. Liquor does not 
include confections or food products that contain one percent or less 
of alcohol by weight. ``Malt Liquor'' means beer, strong beer, ale, 
stout and porter.
    (e) ``Package'' means any container or receptacle used for holding 
liquor.
    (f) ``Public Place'' includes state or county or tribal or federal 
highways or roads; buildings and grounds used for school purposes: 
public dance halls and grounds adjacent thereto; soft drink 
establishments, public buildings, public meeting halls, lobbies, halls 
and dining rooms of hotels, restaurants, theaters, gaming facilities, 
entertainment centers, stores, garages, and filling stations 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 right of access, and which 
are generally used by the public. For the purpose of this Ordinance, 
``Public Place'' shall also include any establishment other than a 
single family home which is designed for or may be used by more than 
just the owner of the establishment.
    (g) ``Sale'' and ``Sell'' includes exchange, barter and traffic; 
and also includes the selling 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.
    (h) ``Spirits'' means any beverage, which contains alcohol obtained 
by distillation, including wines exceeding twenty-four percent of 
alcohol by weight.
    (i) ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits, (grapes, berries, apples, et cetera) or other agricultural 
product containing sugar, to which any saccharine substances may have 
been added before, during or after fermentation, and containing not 
more than twenty-four percent of alcohol by volume, including sweet 
wines fortified with wine spirits,

[[Page 5453]]

such as port, sherry, muscatel, and angelica, not exceeding twenty-four 
percent of alcohol by volume and not less than one-half of one percent 
of alcohol by volume. For purposes of this Chapter, any beverage 
containing no more than fourteen percent of alcohol by volume when 
bottled or packaged by the manufacturer shall be referred to as ``table 
wine,'' and any beverage containing alcohol in an amount more than 
fourteen percent by volume when bottled or packaged by the manufacturer 
shall be referred to as ``fortified wine.'' However, ``fortified wine'' 
shall not include: (i) Wines that are both sealed or capped by cork 
closure and aged two years or more; and (ii) wines that contain more 
than fourteen percent alcohol by volume solely as a result of the 
natural fermentation process and that have not been produced with the 
addition of wine spirits, brandy, or alcohol.
    (j) ``General Council'' means the General Council of the Snoqualmie 
Indian Tribe, which is composed of the voting membership of the Tribe.
    (k) ``Tribal Council'' means the Snoqualmie Tribal Council, which 
is the governing body of the Tribe.
    (l) ``Alcohol Beverage Control Office'' means the Tribal department 
which may be established by the Tribal Council for purposes carrying 
out the provisions of this Ordinance.
    (m) ``Trust Land'' means those lands which are held in trust by the 
United States for the Tribe and not for any individual Indian.
    (n) ``Tribe'' means the Snoqualmie Indian Tribe, a federally 
recognized sovereign Indian tribe.

2.3 Powers of Enforcement

2.3.1 The Tribal Council
    In furtherance of this ordinance, the Tribal Council shall have the 
following powers and duties:
    (a) To publish and enforce rules and regulations adopted by the 
Tribal Council governing the sale, manufacture, distribution, and 
possession of alcoholic beverages on the trust land;
    (b) To employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
Tribal Council to perform its functions, all of whom shall be tribal 
employees;
    (c) To authorize the Alcohol Beverage Control Office to issue 
licenses permitting the sale or manufacture or distribution of liquor 
on the trust land and to revoke such licenses as provided herein;
    (d) To hold hearings on violations of this ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) To bring suit in the appropriate court to enforce this 
ordinance as necessary;
    (f) To make such reports as may be required by the General Council;
    (g) To create the Alcohol Beverage Control Office which shall be 
authorized to collect fees levied or set by the Tribal Council, to keep 
accurate records, books, and accounts, and otherwise fulfill the duties 
prescribed in this Ordinance; and
    (h) To determine and seek damages for violations of the Ordinance.
2.3.2 Limitations on Powers
    In the exercise of its powers and duties under this Ordinance, the 
Tribal Council and its individual members shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer or distributor or from any licensee;
    (b) Waive the inherent sovereign immunity of the Tribe from suit 
without the express written consent of the Tribal Council.
2.3.3 Inspection Right
    The premises on which liquor is sold or distributed shall be open 
for inspection by the Tribal Council 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.

SECTION 3.0--SALES OF LIQUOR

3.1 License Required

    Sales of liquor and alcoholic beverages within the exterior 
boundaries of trust land may only be made at businesses at designated 
Public Places which hold a tribal liquor license. Persons in possession 
of valid liquor licenses issued by the State of Washington may continue 
to operate under a Washington State license until such time as an 
application for a tribal license has been either approved or denied as 
provided for by Section 4 of this Ordinance.

3.2 Sales for Cash

    All liquor sales within the trust land 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 credit or debit cards.

3.3 Sale for Personal Consumption

    All sales shall be for the personal use and consumption of the 
purchaser. Resale of any alcoholic beverage purchased within the 
exterior boundaries of the Trust Land is prohibited. Any person who is 
not licensed pursuant to this Ordinance who purchases an alcoholic 
beverage within the boundaries of the trust land and sells it, whether 
in the original container or not, shall be guilty of a violation of 
this Ordinance and shall be subject to paying damages to the Tribe as 
set forth herein.

SECTION 4.0--LICENSING

4.1 Procedure

    In order to control the proliferation of establishments on the 
trust land which sell or serve liquor by the bottle or by the drink, 
all persons or entities which desire to sell liquor within the exterior 
boundaries of the trust land must apply to the Tribe for a license to 
sell or serve liquor. Persons in possession of valid liquor licenses 
issued by the State of Washington who apply for a tribal license may 
continue to operate under a Washington State license until such time as 
the application for a tribal license has been either approved or 
denied.

4.2 Application

    Any person or entity applying for a license to sell or serve liquor 
on trust land must complete the application provided for this purpose 
by the Tribe and pay such application fee as may be set from time to 
time by the Alcohol Beverage Control Office or, in the absence thereof, 
the Tribal Council, for this purpose. The application must be filled 
out completely in order to be considered.

4.3 Issuance License

    The Alcohol Beverage Control Office or, in the absence thereof, the 
Tribal Council may issue a license if it believes that such issuance is 
in the best interests of the Tribe and its members. Such decision shall 
be final.

4.4 Period of License

    Each license may be issued for a period not to exceed two (2) years 
from the date of issuance.

4.5 Renewal of License

    A licensee may renew its license if the licensee has complied in 
full with this Ordinance; provided, however, that the Alcohol Beverage 
Control Office or, in the absence thereof, the Tribal Council may 
refuse to renew a license if it finds that doing so would not be in the 
best interests of the health, safety and welfare of the Tribe and its 
members.

[[Page 5454]]

4.6 Revocation of License

    The Alcohol Beverage Control Office or, in the absence thereof, 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.

4.7 Transferability of License

    Licenses issued by the Alcohol Beverage Control Office or, in the 
absence thereof, the Tribal Council shall not be transferable and may 
only be utilized by the person or entity in whose name it was issued.

SECTION 5.0--TAXES

    [RESERVED]

SECTION 6.0--RULES, REGULATIONS, AND ENFORCEMENT

    (a) In any proceeding under this Ordinance, conviction of one 
unlawful sale or distribution of liquor shall establish prima facie 
intent of unlawfully keeping liquor for sale, selling liquor or 
distributing liquor in violation of this Ordinance.
    (b) Any person who shall sell or offer for sale or distribute or 
transport in any manner, liquor in violation of this ordinance, or who 
shall operate or shall have liquor for sale in his possession without a 
license, shall be guilty of a violation of this Ordinance subjecting 
him or her to civil damages assessed by the Tribal Council.
    (c) Any person within the boundaries of the trust land who buys 
liquor from any person other than a properly licensed facility shall be 
guilty of a violation of this Ordinance.
    (d) Any person who keeps or possesses liquor upon his person or in 
any place or on premises conducted or maintained by his principal or 
agent with the intent to sell or distribute it contrary to the 
provisions of this title, shall be guilty of a violation of this 
Ordinance.
    (e) Any person who knowingly sells liquor to a person under the 
influence of liquor shall be guilty of a violation of this Ordinance.
    (f) Any person engaging wholly or in part in the business of 
carrying passengers for hire, and every agent, servant, or employee of 
such person, who shall knowingly permit any person to drink liquor in 
any public conveyance, shall be guilty of a violation of this 
Ordinance. Any person who shall drink liquor in a public conveyance 
shall be guilty of a violation of this Ordinance.
    (g) No person under the age of 21 years shall consume, acquire or 
have in his possession any liquor or alcoholic beverage. No person 
shall permit any other person under the age of 21 to consume liquor on 
his premises or any premises under his control except in those 
situations set out in this section. Any person violating this section 
shall be guilty of a separate violation of this Ordinance for each and 
every drink so consumed.
    (h) Any person who shall sell or provide any liquor to any person 
under the age of 21 years shall be guilty of a violation of this 
Ordinance for each such sale or drink provided.
    (i) Any person who transfers in any manner an identification of age 
to a person under the age of 21 years for the purpose of permitting 
such person to obtain liquor shall be guilty of an offense; provided 
that corroborative testimony of a witness other than the underage 
person shall be a requirement of finding a violation of this Ordinance.
    (j) Any person who attempts to purchase an alcoholic beverage 
through the use of false or altered identification which falsely 
purports to show the individual to be over the age of 21 years shall be 
guilty of violating this ordinance.
    (k) Any person guilty of a violation of this Ordinance shall be 
liable to pay the Tribe the amount of $500 per violation as civil 
damages to defray the Tribe's cost of enforcement of this ordinance.
    When requested by the provider of liquor, any person shall be 
required to present official documentation of the bearer's age, 
signature and photograph. Official documentation includes one of the 
following:
    (1) Driver's license or identification card validly issued by any 
state department of motor vehicles;
    (2) United States Active Duty Military identification;
    (3) Passport;
    (4) Snoqualmie Tribal Identification Card.
    (l) Liquor which is possessed, including for sale, contrary to the 
terms of this Ordinance is declared to be contraband. Any Tribal agent, 
employee or officer who is authorized by the Tribal Council to enforce 
this section shall seize all contraband and preserve it in accordance 
with the provisions established for the preservation of impounded 
property.
    (m) Upon being found in violation of the Ordinance, the party shall 
forfeit all right, title and interest in the items seized which shall 
become the property of the Tribe.

SECTION 7.0--ABATEMENT OF NUISANCE

    (a) Any room, house, building, vehicle, structure, or other place 
where liquor is sold, manufactured, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provision of 
this ordinance or of any other Tribal law relating to the manufacture, 
importation, transportation, possession, distribution, and sale of 
liquor, and all property kept in and used in maintaining such place, is 
hereby declared to be a nuisance.
    (b) The Chairperson of the Tribal Council shall, upon vote of the 
Tribal Council, institute and maintain an action in the name of the 
Tribe to abate and perpetually enjoin any nuisance declared under this 
section in the Snoqualmie Tribal Court. In addition to all other 
remedies at Tribal law, the Snoqualmie Tribal Court may also order the 
room, house, building, vehicle, 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 $25,000 payable to 
the Tribe and conditioned that liquor will not be thereafter 
manufactured, kept, sold, bartered, exchanged, given away, furnished, 
or otherwise disposed of thereof in violation of the provisions of this 
Ordinance or of any other applicable Tribal law and that he will pay 
all fines, costs and damages assessed against him for any violation of 
this Ordinance or other Tribal laws. If any conditions of the bond be 
violated, the bond may be recovered for the use of the Tribe.
    (c) In all instances where any person has been found in violation 
of this Ordinance relating to the manufacture, importation, 
transportation, possession, distribution, and sale of liquor, the 
Snoqualmie Tribal Court may abate as a nuisance any real estate or 
other property involved in the violation of the Ordinance, and 
violation of this Ordinance shall be prima facie evidence that the 
room, house, building, vehicle, structure, or place again which such 
action is brought is a public nuisance.
    (d) Nothing in this section shall be deemed or construed as a 
waiver of the Tribe's inherent sovereign immunity from unconsented 
suit.

SECTION 8.0--SEVERABILITY AND EFFECTIVE DATE

    (a) If any provision or application of this Ordinance is determined 
by review to be invalid, such determination shall not be held to render 
ineffectual the remaining portions of this ordinance or

[[Page 5455]]

to render such provisions inapplicable to other persons or 
circumstances.
    (b) This Ordinance shall be effective on such date as the Secretary 
of the Interior certifies this Ordinance and publishes the same in the 
Federal Register.
    (c) Any and all prior enactments of the Tribal Council which are 
inconsistent with the provisions of this Ordinance are hereby 
rescinded.

SECTION 9.0--AMENDMENT

    This Ordinance may only be amended by a vote of the Tribal Council.
[FR Doc. 2014-02097 Filed 1-30-14; 8:45 am]
BILLING CODE 4310-4J-P