[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15630-15633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07466]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[190A2100DD/AAKC001030/A0A501010.999900]


Ewiiaapaayp Band of Kumeyaay Indians Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of the 
Ewiiaapaayp Band of Kumeyaay Indians. The Liquor Control Ordinance 
regulates and controls the possession, sale, manufacture, and 
distribution of alcohol in conformity with the laws of the State of 
California.

DATES: This ordinance shall take effect May 16, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Harley Long, Tribal Government 
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Room W-2820, Sacramento, California 95825, Telephone: 
(916) 978-6000, Fax: (916) 978-6099.

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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. The Ewiiaapaayp Band of Kumeyaay 
Indians duly adopted Title 513, Ewiiaapaayp Band of Kumeyaay Indians

[[Page 15631]]

Liquor Control Ordinance on May 9, 2018.
    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 Ewiiaapaayp Band of Kumeyaay Indians, 
California, duly adopted Title 513, Ewiiaapaayp Band of Kumeyaay 
Indians Liquor Control Ordinance, on May 9, 2018.

    Dated: November 9, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.

    The Ewiiaapaayp Band of Kumeyaay Indian's Title 513, Ewiiaapaayp 
Band of Kumeyaay Indians Liquor Control Ordinance shall read as 
follows:

TITLE 513

EWIIAAPAAYP Band of Kumeyaay Indians Liquor Control Ordinance

Chapter One General Provisions

Article 1. Authority
    513.01.1 This Ordinance is enacted pursuant to the Act of August 
15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers 
vested in the General Council of the Ewiiaapaayp Band of Kumeyaay 
Indians (``General Council'') to develop, adopt and enforce ordinances 
as authorized under Article VI, Section 1 of the Constitution of the 
Ewiiaapaayp Band of Kumeyaay Indians approved on December 19, 1973 and 
amended on September 6, 2002.
Article 2. Purpose
    513.01.2 The purpose of this Ordinance is to regulate and control 
the possession, sale, manufacture, distribution and taxation of liquor 
within Tribal Trust Lands, in order to permit alcohol sales by tribally 
owned and operated enterprises and private lessees, and at tribally 
approved special events. Enactment of a liquor control ordinance will 
help provide a source of revenue to fund the continued operation of the 
tribal government, the delivery of governmental services, the economic 
viability of tribal enterprises, and to fund health, safety and general 
welfare programs and services provided to Tribal citizens and residents 
of and visitors to land within the Tribe's territorial jurisdiction.
Article 3. Short Title
    513.01.3 This Ordinance shall be known and cited as the ``Liquor 
Control Ordinance.''
Article 4. Jurisdiction
    513.01.4 This Ordinance shall apply to all Tribal Trust Lands now 
or in the future under the governmental authority of the Tribe.
Article 5. Application of 18 U.S.C. 1161
    513.01.5 (a) By adopting this Ordinance, the Tribe hereby regulates 
the sale, manufacturing, distribution, and consumption of liquor while 
ensuring that such activity conforms with all applicable laws of the 
State of California as required by 18 U.S.C. 1161 and the United 
States.
    (b) (1) This Ordinance 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 Tribal Trust Lands.
    (3) Any individual, person or entity who resides, conducts 
business, engages in a business transaction, receives benefits from the 
Tribe, acts under tribal authority, or enters the Tribe's Tribal Lands 
shall be deemed to have consented to the following:
    (i) To be bound by the terms of this Ordinance;
    (ii) To the exercise of the jurisdiction of the Tribe's Tribal 
Court for legal actions arising pursuant to this Ordinance; and
    (iii) To service of summons and process, and search and seizure, in 
conjunction with legal actions arising pursuant to this Ordinance.
    (4) No portion of this Ordinance shall be construed as contrary to 
Federal law.
Article 6. Declaration of Public Policy; Findings
    513.01.6 The General Council enacts this Ordinance, based upon the 
following findings:
    (a) The distribution, possession, consumption and sale of liquor on 
Tribal Trust Lands is a matter of special concern to the Tribe.
    (b) The Tribe is the beneficial owner of Tribal Trust Lands, upon 
which the Tribe plans to construct and operate a gaming facility and 
related entertainment and lodging facilities.
    (c) The Tribe's gaming facility will serve as an integral and 
indispensable part of the Tribe's economy, providing revenue to the 
Tribe's government and employment to tribal citizens and others in the 
local community.
    (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently 
prohibits the introduction of liquor into Indian country, except in 
accordance with State law and the duly enacted law of the Tribe.
    (e) The Tribe recognizes the need for strict control and regulation 
of liquor transactions on Tribal Trust Lands because of potential 
problems associated with the unregulated or inadequate regulated sale, 
possession, distribution, and consumption of liquor.
    (f) Regulating the possession, sale, distribution and manufacture 
of liquor within Tribal Trust Lands is also consistent with the Tribe's 
interest in ensuring the peace, safety, health, and general welfare of 
the Tribe and its citizens.
    (g) Tribal control and regulation of liquor on Tribal Trust Lands 
is consistent with the Tribe's custom and tradition of controlling the 
possession and consumption of liquor on Tribal Trust Lands and at 
tribal events.
    (h) The purchase, distribution, and sale of liquor on Tribal Trust 
Lands shall take place only at duly licensed (i) tribally owned 
enterprises, (ii) other enterprises operating pursuant to a lease or 
license with the Tribe, and (iii) tribally-sanctioned events.
    (i) The sale or other commercial manufacture or distribution of 
liquor on Tribal Trust Lands, other than sales, manufacture, and 
distributions made in strict compliance with this Ordinance, is 
detrimental to the health, safety, and general welfare of the citizens 
of the Tribe, and is prohibited.

Chapter Two Definitions

Article 1. Definitions
    513.02.1 All definitions of the Tribe's Tribal Code Title 001 
``Tribal Code Definitions'' apply herein unless the terms are otherwise 
defined in this Ordinance. For purposes of this Ordinance, whenever any 
of the following words, terms or definitions is used herein, they shall 
have the meaning ascribed to them in this Subchapter:
    As used in this Ordinance, the terms below are defined as follows:
    (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit 
of wine, in any form, and regardless of source or the process used for 
its production.
    (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, 
beer and any liquid or solid containing alcohol, spirits, liquor, wine, 
or beer, and which contains one-half of one percent or more of alcohol 
by volume and that is fit for human consumption, either alone or when 
diluted, mixed, or combined with any other substance(s).
    (c) Compact means the Tribal-State compact between the State and 
the Tribe that governs the conduct of class III gaming activities on 
that portion of the Tribal Trust Lands recognized as ``Indian lands'' 
pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq.

[[Page 15632]]

    (d) Indian Country, consistent with the meaning given in 18 U.S.C. 
1151 means: (a) All land within the limits of the Ewiiaapaayp 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.
    (e) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Ordinance.
    (f) Liquor means the four varieties of liquor (alcohol, spirits, 
wine, and beer), and 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 as such term.
    (g) Malt beverage or malt liquor 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 containing not more than eight percent of alcohol by weight, and 
not less than one-half of one percent of alcohol by volume. For 
purposes this Subchapter, any such beverage containing more than eight 
percent of alcohol by weight shall be referred to as ``strong beer.''
    (h) Manufacturer means a person engaged in the preparation and 
manufacturing of liquor for sale, in any form whatsoever.
    (i) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
corporation, partnership, joint corporation, association, society, or 
any group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group. The term shall also include the businesses of the Tribe.
    (j) Sale and sell means the transfer for consideration of any kind, 
including by exchange or barter.
    (k) State means the State of California.
    (l) Territory means the term defined in the Tribe's Tribal Code of 
Title 001 Sec.  001.02.66. and Title 100 Sec.  100.01.1.D. wherein 
``Territory'' is defined by Article II--Territory of the Tribe's 
Constitution, as amended, such that the territorial jurisdiction of the 
Tribe, is defined as all land within the exterior boundaries of the 
Ewiiaapaayp Indian Reservation, all land within the limits of dependent 
Ewiiaapaayp Indian communities, all Ewiiaapaayp Indian allotments, all 
land owned in fee by the Tribe, and all other land held in trust for, 
owned in fee by, or leased by the United States to the Tribe.''
    (m) Tribal retailer means a liquor retailer wholly owned by the 
Ewiiaapaayp Band of Kumeyaay Indians and located on its Tribal Trust 
Lands.
    (n) 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.
    (o) Tribe means the term defined in the Tribe's Tribal Code of 
Title 001 Sec.  001.01.1.51. wherein, Tribe means the ``Ewiiaapaayp 
Band of Kumeyaay Indians, formerly known as the Cuyapaipe Band of 
Mission Indians or the Cuyapaipe Community of the Diegueno Mission 
Indians of the Cuyapaipe Reservation, California, a federally 
recognized Indian Tribe organized under Sec.  16 of the Indian 
Reorganization Act, 25 U.S.C. 476, et seq., (48 Stat. 984) its 
enterprises, subdivisions, and departments, and its agents acting 
within the scope of their authority.''

Chapter Three Liquor Sales, Possession, & Manufacture

Article 1. Possession of Alcohol
    513.03.1 The introduction and possession of alcoholic beverages 
shall be lawful within Tribal Trust Lands; provided that such 
introduction or possession is in conformity with the laws of the State.
Article 2. Retail Sales of Alcohol
    513.03.2 The sale of alcoholic beverages shall be lawful within 
Tribal Trust Lands; provided that such sales are in conformity with the 
laws of the State and are made pursuant to a license issued by the 
Tribe.
Article 3. Manufacture of Alcohol
    513.03.3 The manufacture of beer and wine shall be lawful within 
Tribal Trust Lands, provided that such manufacture is in conformity 
with the laws of the State and pursuant to a license issued by the 
Tribe.
Article 4. Age Limits
    500.03.4 The legal age for possession or consumption of alcohol 
within Tribal Trust Lands shall be the same as that of the State, which 
is currently 21 years. No person under the age of 21 years shall 
purchase, possess or consume any alcoholic beverage. If there is any 
conflict between State law and the terms of the Compact regarding the 
age limits for alcohol possession or consumption, the age limits in the 
Compact shall govern for purposes of this Ordinance.

Chapter Four Licensing

Article 1. Licensing
    513.04.1 The Tribe's General Council shall have the power to 
establish procedures and standards for tribal licensing of liquor sales 
within Tribal Trust Lands, including the setting of a license fee 
schedule, and shall have the power to publish and enforce such 
standards; provided that no tribal license shall issue except upon 
showing of satisfactory proof that the applicant is duly licensed by 
the State. The fact that an applicant for a tribal license possesses a 
license issued by the State shall not provide the applicant with an 
entitlement to a tribal license. The General Council may in its 
discretion set standards which are more, but in no case less, stringent 
than those of the State.

Chapter Five Enforcement

Article 1. Enforcement
    513.05.1 The General Council shall have the power to develop, 
enact, promulgate, and enforce regulations as necessary for the 
enforcement of this Ordinance and to protect the public health, 
welfare, and safety of the Tribe, provided that all such regulations 
shall conform to and not be in conflict with any applicable tribal, 
Federal, or State law. Regulations enacted pursuant to this Ordinance 
may include provisions for suspension or revocation of tribal liquor 
licenses, reasonable search and seizure provisions, and civil penalties 
for violations of this Ordinance to the full extent permitted by 
Federal law and consistent with due process.
    Tribal law enforcement personnel and security personnel duly 
authorized by the General Council shall have the authority to enforce 
this Ordinance by confiscating any liquor sold, possessed, distributed, 
manufactured, or introduced within Tribal Trust Lands in violation of 
this Ordinance or of any regulations duly adopted pursuant to this 
Ordinance.
    The General Council shall have the exclusive jurisdiction to hold 
hearings on violations of this Ordinance and any procedures or 
regulations adopted pursuant to this Ordinance; to promulgate 
appropriate procedures governing such hearings; to determine and 
enforce penalties or damages for violations of this Ordinance; and to 
delegate to a subordinate hearing officer or panel the authority to 
take any or all of the foregoing actions on its behalf.

[[Page 15633]]

Chapter Six Taxes

Article 1. Taxation
    513.06.1 The Tribe expressly reserves its inherent sovereign right 
to regulate the use and sale of liquor through the imposition of tribal 
taxes thereon. The General Council 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 
General Council through independent action. The Tribe retains the right 
to impose such taxes by appropriate ordinance to the full extent 
permitted by Federal law.

Chapter Seven Administration

Article 1. License Required of Tribal Retailers and Tribally-Licensed 
Retailers
    513.07.1 Every person engaging in the business of selling, 
manufacturing, or distributing liquor within the Tribe's Tribal Trust 
Lands, including but not limited to a brewery, shall secure a business 
license from the Tribe in the manner provided for by Title 513 
(``Business License Standards Code'') and otherwise comply with all 
provisions of Title 513.
Article 2. Prohibitions
    513.07.2 (a) The manufacture, purchase, sale, and dealing in liquor 
within Tribe's Tribal Trust Lands by any person, party, firm, or 
corporation except pursuant to the control, licensing, and regulation 
of the General Council, 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).
    (b) Every person engaging in the business of manufacturing, 
distributing or selling liquor within the Tribe's Tribal Trust Lands 
shall comply with the applicable provisions of the Tribe's Law and 
Order Code.
Article 3. Nondiscrimination
    513.07.3 No provision of this Ordinance 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.

Chapter Eight Miscellaneous Provisions

Article 1. Sovereign Immunity Preserved
    513.08.1 Nothing contained in this Ordinance is intended to, nor 
does in any way, limit, alter, restrict, or waive the sovereign 
immunity of the Tribe or any of its agencies, agents or officials from 
unconsented suit or action of any kind.
Article 2. Conformance With Applicable Laws
    513.08.2 All acts and transactions under this Ordinance shall be in 
conformity with the Compact and laws of the State to the extent 
required by 18 U.S.C. 1161 and with all Federal laws regarding alcohol 
in Indian Country.
Article 3. Effective Date
    513.08.3 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.
Article 4. Repeal of Prior Acts
    513.08.4 All prior enactments of the Tribal Council, including 
tribal resolutions, policies, regulations, or ordinances pertaining to 
the subject matter set forth in this Ordinance are hereby rescinded.
Article 5. Amendments
    513.08.5 This Ordinance may only be amended pursuant to an 
amendment duly enacted by the General Council and certification by the 
Secretary of the Interior and publication in the Federal Register, if 
required.
Article 6. Severability and Savings Clause
    513.08.6 If any part or provision of this Ordinance is held 
invalid, void, or unenforceable by a court of competent jurisdiction, 
such adjudication shall not be held to render such provisions 
inapplicable to other persons or circumstances. Further, the remainder 
of the Ordinance shall not be affected and shall continue to remain in 
full force and effect.

[FR Doc. 2019-07466 Filed 4-15-19; 8:45 am]
 BILLING CODE 4337-15-P