[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26436-26438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11807]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900]
Mechoopda Indian Tribe of Chico Rancheria; Alcoholic Beverage
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Mechoopda Indian Tribe of Chico
Rancheria's Alcoholic Beverage Ordinance #19 (Ordinance). The 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 July 8, 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 Mechoopda Indian Tribe of
Chico Rancheria duly adopted Alcoholic Beverage Ordinance #19 on
October 6, 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 Mechoopda Indian Tribe of Chico Rancheria
duly adopted Alcoholic Beverage Ordinance #19 on October 6, 2018.
Dated: May 7, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
The Mechoopda Indian Tribe of Chico Rancheria's Alcoholic Beverage
Ordinance #19 shall read as follows:
Mechoopda Indian Tribe of Chico Rancheria, California
Ordinance No. 19
Alcoholic Beverage Ordinance
1. Title
2. Authority
3. Purpose
4. Applicability
5. Definitions
6. Powers of Enforcement
7. Licensing
8. Prohibitions
9. Enforcement
10. Taxes
11. Severability and Miscellaneous
12. Amendments
13. Effective Date
14. Sovereign Immunity
1. Title
This Ordinance shall be known as the Mechoopda Indian Tribe of
Chico Rancheria, California, Alcoholic Beverage Ordinance.
2. Authority
This Ordinance is enacted pursuant to the Act of August 15, 1953
(Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and Article VIII, of the
Constitution of the Mechoopda Indian Tribe of Chico Rancheria,
California, and the Tribe's inherent sovereignty.
3. Purpose
The purpose of this Ordinance is to regulate and control the
manufacture, distribution, and sale of Alcoholic Beverages on the
Tribe's Trust Lands and to permit the sale of Alcoholic Beverages by
tribally owned enterprises and private licensees. The enactment of this
Ordinance shall help provide a source of revenue for the continued
operation of the tribal government and the provision of governmental
services to tribal members.
4. Applicability
This Ordinance shall apply to all lands now or in the future held
in trust by the federal government for the benefit of the Tribe
(``Trust Lands''). This Ordinance is in conformity with the laws of the
State as required by 18 U.S.C. 1161.
5. Definitions
5.1 ``Alcohol'' means ethyl alcohol, hydrated oxide of ethyl, or
spirit of wine, in any form and regardless of source or the process
used for production.
5.2 ``Alcoholic Beverage'' means any beverage containing or
consisting of Alcohol, Spirits, Wine, or Beer or combination thereof
and every liquid or solid containing Alcohol, Spirits, Wine, or Beer,
and which contains one-half of one (1) 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.
5.3 ``Alcoholic Beverage License'' means a permanent or temporary
license to sell Alcoholic Beverages issued pursuant to this Ordinance.
5.4 ``Beer'' means a beverage containing Alcohol created by the
fermentation of any infusion or decoction of barley, malt, hops, or any
other similar product, or any combination thereof in water, and
includes ale, porter, brown, stout, lager, small beer, and strong beer,
but does not include Japanese rice wine.
5.5 ``Spirits'' means any beverage obtained by the distillation of
fermented agricultural products including but not limited to spirits of
wine, whiskey, rum, brandy, vodka, tequila, scotch, liqueurs, and gin,
including all dilutions and mixtures thereof, and includes proof
spirits.
5.6 ``General Membership'' means the general membership of the
Mechoopda Indian Tribe of Chico Rancheria, California.
5.7 ``Licensed Premises'' means the location at which an Alcoholic
Beverage License authorizes a Licensee to sell Alcoholic Beverages.
5.8 ``Licensee'' means the holder of an Alcoholic Beverage License.
5.9 ``Ordinance'' means this Mechoopda Indian Tribe of Chico
Rancheria, California, Alcoholic Beverage Ordinance.
5.10 ``State'' means the State of California.
5.11 ``Temporary Alcoholic Beverage Permit'' means an authorization
for a Licensee to sell alcohol at a designated temporary location
granted by the Tribal Council, or designee.
5.12 ``Tribal Council'' means the Tribal Council of the Mechoopda
Indian Tribe of Chico Rancheria, California.
5.13 ``Tribe'' means the Mechoopda Indian Tribe of Chico Rancheria,
California, a federally recognized Indian tribe.
5.14 ``Trust Lands'' means those lands held in trust for the
benefit of the Tribe by the United States of America.
5.15 ``Wine'' means the product obtained from normal alcoholic
fermentation of the juice of sound ripe grapes or other agricultural
products containing natural or added sugar and blending material and
which contains
[[Page 26437]]
not more than 24 percent of alcohol by volume, and includes vermouth
and Japanese rice wine.
6. Powers of Enforcement
6.1 Powers. The Tribal Council, or designee, shall have the
following powers and duties:
(a) To publish and enforce the rules and regulations governing the
manufacture, distribution, and sale of Alcoholic Beverages on Trust
Lands;
(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 pursuant to this
Ordinance;
(c) To issue Alcoholic Beverage Licenses permitting the
manufacture, distribution and/or retail of Alcoholic Beverages on Trust
Lands;
(d) To hold hearings on violations of this Ordinance or for
revocation or denial of Alcoholic Beverage Licenses;
(e) To bring suit in the appropriate court of competent
jurisdiction to enforce this Ordinance, as necessary;
(f) To determine and seek damages for violation of this Ordinance;
(g) To make such reports to the General Membership as may be
required herein;
(h) To levy taxes and fees on the manufacture, distribution and
sale of Alcoholic Beverages in accordance with this Ordinance;
(i) To collect taxes and fees, and to keep accurate records, books,
and accounts; and
(j) To exercise such other powers as are necessary and appropriate
to fulfill the purposes of this Ordinance.
6.2 Limitation on Powers. In the exercise of its powers and duties
under this Ordinance, the individual members of the Tribal Council
shall not accept for personal gain any gratuity, compensation or other
items of value from any Alcoholic Beverage wholesaler, retailer,
vendor, or distributor or from any Licensee.
6.3 Inspection Rights. Any premises on which any Alcoholic Beverage
is sold or distributed shall be open for inspection by the Tribal
Council, or designee, during normal business hours for the purpose of
ascertaining whether the rules and regulations of this Ordinance are
being followed.
7. Licensing
7.1 Alcoholic Beverage License. The Tribal Council, or designee,
may issue an Alcoholic Beverage License only upon written application
including the following:
(a) Satisfactory proof that the applicant is licensed to engage in
the retail sale of Alcoholic Beverages by the State of California.
(b) A description of the premises in which the Alcoholic Beverages
are to be sold, and proof of the applicant's right to occupy and sell
Alcoholic Beverages on the premises for the duration of the requested
Alcoholic Beverage License.
(c) Written agreement by the applicant to accept and abide by all
conditions of the Alcoholic Beverage License.
(d) Payment of the fee as may be prescribed by the Tribal Council,
or designee, from time to time.
(e) Written disclosure of any prior Alcoholic Beverage License or
Temporary Alcoholic Beverage Permit, any prior violations of this
Ordinance, and any penalties imposed under this Ordinance.
7.2 Temporary Permits. The Tribal Council, or its designee, may
grant a Temporary Alcoholic Beverage Permit authorizing a Licensee in
good standing to sell Alcoholic Beverages at a designated temporary
site located on Trust Lands in connection with a public event.
7.3 Denial of License. Applicants denied a license may request a
hearing before the Tribal Council, or designee, within fifteen (15)
days of the Applicant's receipt of notice of such denial. The notice
shall set forth the right of the alleged violator to be represented by
legal counsel, speak and present witnesses, and cross examine any
adverse witnesses. The decision of the Tribal Council, or designee,
shall be issued within sixty (60) days of the date of the hearing and
shall be final and non-appealable.
7.4 Conditions of the Alcoholic Beverage License. Any Alcoholic
Beverage License, or Temporary Alcoholic Beverage Permit, issued under
this Ordinance shall be subject to such reasonable conditions,
restrictions, and limitations, as the Tribal Council, or designee,
shall prescribe, including, at a minimum the following:
(a) No Alcoholic Beverage License shall be for a term greater than
one (1) year.
(b) Unless otherwise authorized by a Temporary Alcohol Beverage
Permit, all sales and consumption of Alcoholic Beverages must occur
within the Licensed Premises.
(c) The Licensee shall at all times maintain the Licensed Premises
and the immediate surrounding area in an orderly, clean, and sanitary
manner.
(d) The Licensed Premises shall be subject to patrol by tribal law
enforcement officials and such other enforcement officials as may be
authorized under federal, State, or Tribal law.
(e) The Licensed Premises shall be open to inspection by designated
officials of the Tribe at all times during normal business hours.
(f) No Alcoholic Beverages shall be sold, served, or consumed on
the Licensed Premises except in conformity with the hours and days
prescribed by the laws of the State or in accordance with more
restrictive hours fixed as may be prescribed by Tribal law.
(g) No Alcoholic Beverages shall be sold within 200 feet of a
polling place on Tribal election days or when a referendum is being
held.
(h) All acts and transactions under authority of the Alcoholic
Beverage License shall be in conformity with the laws of the State and
this Ordinance.
(i) No person under the minimum age permitted under State law then
in effect shall be permitted to purchase, receive, or consume Alcoholic
Beverages on the Licensed Premises.
(j) An Alcoholic Beverage License must specify whether a Licensee
may sell Beer, Wine, and/or Spirits.
7.5 License Not a Property Right. An Alcoholic Beverage License
shall not be deemed a property right or vested right of any kind, nor
shall the granting of an Alcoholic Beverage License give rise to a
presumption of legal entitlement to the granting of such license for a
subsequent time period.
7.6 Assignment or Transfer. An Alcoholic Beverage License may not
be assigned or transferred.
8. Prohibitions
8.1 Sales Without a License; Possession with Intent to Sell Without
a License. Any person who sells, offers for sale, or distributes any
Alcoholic Beverages on Trust Land without having first obtained an
Alcoholic Beverage License, or who possesses Alcoholic Beverages with
the intent to sell or distribute on Trust Land without having first
obtained an Alcoholic Beverage License shall be in violation of this
Ordinance; provided, however, nothing in this Ordinance shall be
construed to prohibit a State-licensed Alcoholic Beverage distributor
from making deliveries of Alcoholic Beverages on Trust Land to a
Licensee without having first obtained an Alcoholic Beverage License.
8.2 Purchases from Non-Licensed Sellers. Any person who, while on
Trust Lands, buys an Alcoholic Beverage from any person other than a
Licensee shall be in violation of this Ordinance.
8.3 Sales to Persons Under the Influence of Alcohol. Any person who
sells any Alcoholic Beverages to any apparently intoxicated person
shall be in violation of this Ordinance.
[[Page 26438]]
8.4 Consumption or Possession of Alcoholic Beverage by Under-Aged
Persons. Any person under the minimum age for Alcohol consumption under
State law who consumes, possesses, or attempts to consume or possess
any Alcoholic Beverage on Trust Lands shall be in violation of this
Ordinance.
8.5 Sales of Alcoholic Beverage to Under-Aged Persons. Any person
who sells or otherwise provides an Alcoholic Beverage to any person
under the minimum age for Alcohol consumption under State law shall be
in violation of this Ordinance.
8.6 Use of False or Altered Identification. Any person who attempts
to purchase any Alcoholic Beverage on Trust Lands through the use of
false or altered identification shall be in violation of this
Ordinance.
8.7 Acceptable Identification. Any Licensee who sells or otherwise
provides any Alcoholic Beverage to a person who appears he or she may
be under the minimum age for Alcohol consumption under State law
without first verifying that person's age with an acceptable form of
identification shall be in violation of this Ordinance. The following
are acceptable forms of identification:
(a) A current driver's license of any state or other current
identification card issued by any state;
(b) A current passport of any nation; or
(c) A Mechoopda Indian Tribe of Chico Rancheria, California, tribal
member identification card.
8.8 No Extension of Credit. Any Licensee who makes a retail sale of
any Alcoholic Beverage on credit shall be in violation of this
Ordinance; provided, however, nothing in this Ordinance shall prohibit
the use of ATM cards, debit cards, or credit cards as a means of
purchasing Alcoholic Beverages.
8.9 Sale for Personal Consumption. Any person, organization, or
entity, other than a Licensee, who purchases any Alcoholic Beverage on
Trust Lands and resells the Alcoholic Beverage, shall be in violation
of this Ordinance.
9. Enforcement
9.1 Fine Imposed. In addition to any other penalty, any person,
organization, or entity in violation of this Ordinance or any Alcoholic
Beverage License or Temporary Alcoholic Beverage Permit shall be liable
for a reasonable civil fine not to exceed $500.00 per violation.
9.2 Revocation or Suspension of License. In addition to any other
penalty, any Alcoholic Beverage License or Temporary Alcoholic Beverage
Permit may be suspended or revoked for violation of this Ordinance, an
Alcoholic Beverage License, or a Temporary Alcoholic Beverage Permit.
9.3 Right to Notice and Hearing. No penalty, other than temporary
suspension of an Alcoholic Beverage License or Temporary Alcoholic
Beverage Permit, shall be imposed under this Ordinance without first
providing the alleged violator written notice of the circumstances
surrounding the alleged violation and the opportunity to be heard and
present witnesses and evidence at a hearing before the Tribal Council,
or designee, within fifteen (15) days of the alleged violator's receipt
of such notice. The notice shall set forth the right of the alleged
violator to be represented by legal counsel, speak and present
witnesses, and cross examine any adverse witnesses. The decision of the
Tribal Council, or designee, shall be issued within sixty (60) days of
the date of the hearing and shall be final and non-appealable.
9.4 Seizure of Contraband. Any Alcoholic Beverage possessed,
transferred, sold, or purchased contrary to the terms of this
Ordinance, an Alcoholic Beverage License, or a Temporary Alcoholic
Beverage Permit is contraband and subject to seizure by a designated
Tribal official. Contraband shall be preserved in accordance with State
law and shared with State and federal law enforcement officials as
required by law.
10. Taxes
10.1 Sales Tax. There is hereby levied and shall be collected a tax
on each sale of Alcoholic Beverages on Trust Lands in an amount to be
determined by the Tribal Council, or designee, from time to time. The
tax imposed pursuant to this section shall be in addition to any tax
imposed on Alcoholic Beverages sales by the State.
10.2 Taxes Due. All taxes for the sale of Alcoholic Beverages on
Trust Lands are due and payable to the Tribal Council, or designee,
within thirty (30) days of the end of the calendar quarter.
10.3 Reports. Along with the payment of taxes imposed herein, the
Licensee shall submit an accounting for the quarter of all income from
the sale of Alcoholic Beverages as well as the amount of taxes
collected.
10.4 Audit. The Tribal Council, or designee, shall have the right
to review or audit the books and records of any Licensee relating to
the sale of Alcoholic Beverages on Trust Lands at any time during the
Licensee's normal business hours.
11. Severability and Miscellaneous
11.1 Severability. If any provision or application of this
Ordinance is determined upon review by a court of competent
jurisdiction to be invalid, such adjudication shall not be held to
render ineffectual the remaining provisions of this Ordinance or to
render such provisions inapplicable to other persons or circumstances.
11.2 Prior Enactments. Any and all ordinances, resolutions, or
enactments of the Tribal Council which are inconsistent with the
provisions of this Ordinance are hereby repealed to the extent of such
inconsistency.
12. Amendments
Any amendments to this Ordinance shall become effective upon the
Secretary of the Interior's publication of the same in the Federal
Register in accordance with federal law.
13. Effective Date
This Ordinance shall be effective upon the Secretary of the
Interior's publication of the same in the Federal Register in
accordance with federal law.
14. Sovereign Immunity
Nothing herein is intended to, nor does in any way, limit, alter,
restrict, or waive the Tribe's sovereign immunity from unconsented suit
or action.
[FR Doc. 2019-11807 Filed 6-5-19; 8:45 am]
BILLING CODE 4337-15-P