[Federal Register Volume 84, Number 140 (Monday, July 22, 2019)]
[Notices]
[Pages 35133-35136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15548]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900]
The Confederated Tribes of the Umatilla Indian Reservation;
Amendments to Liquor Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes amendments to the Confederated Tribes of
the Umatilla Indian Reservation Liquor Code. This codification amends
and supersedes the existing Confederated Tribes of the Umatilla Indian
Reservation Liquor Code, enacted by the Umatilla Board of Trustees
through Resolution 15-019 on March 23, 2015.
DATES: This code shall take effect on August 21, 2019.
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
[[Page 35134]]
certify and publish in the Federal Register notice of adopted liquor
control ordinances for the purpose of regulating liquor transactions in
Indian country. On March 25, 2019, the Umatilla Business Council duly
adopted the amendments to the Confederated Tribes of the Umatilla
Indian Reservation Liquor Code by Ordinance 19-022. This Federal
Register Notice amends and supersedes the existing Confederated Tribes
of the Umatilla Indian Reservation Liquor Code, enacted by the Umatilla
Business Council through Resolution 15-019, which was published in the
Federal Register on June 12, 2015 (80 FR 33543).
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 Board of Trustees of the Confederated
Tribes of the Umatilla Indian Reservation, Oregon, duly adopted these
amendments to the Confederated Tribes of the Umatilla Indian
Reservation Liquor Code through Resolution 19-022 on March 25, 2019.
Dated: June 25, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
The Confederated Tribes of the Umatilla Indian Reservation Liquor Code,
as amended, shall read as follows:
LIQUOR CODE
CHAPTER 1. LIQUOR CODE
SECTION 1.01. TITLE
This Code shall be the Liquor Code of the Confederated Tribes of the
Umatilla Indian Reservation (Confederated Tribes) and shall be
referenced as the Liquor Code.
SECTION 1.02. FINDINGS AND PURPOSE
A. The introduction, possession, and sale of liquor on Indian
reservations has historically been recognized as a matter of special
concern to Indian tribes and to the United States. The control of
liquor on the Umatilla Indian Reservation remains exclusively subject
to the legislative enactments of the Confederated Tribes in its
exercise of its governmental powers over the Reservation, and the
United States.
B. Federal law prohibits the introduction of liquor into Indian
Country (18 U.S.C. 1154), and authorized tribes to decide when and to
what extent liquor transactions, sales, possession and service shall be
permitted on their reservation (18 U.S.C. 1161).
C. Pursuant to the authority in Article VI, Sec. 1(a) of the
Confederated Tribes' Constitution, the Board of Trustees has the
authority ``to represent the [Confederated] Tribes and to negotiate
with the Federal, State and local governments . . . on . . . projects
and legislation that affect the [Confederated] Tribes''.
D. Pursuant to the authority in Article VI, Sec. 1(d) of the
Confederated Tribes' Constitution, the Board of Trustees has the
authority ``to promulgate and enforce ordinances governing the conduct
of all persons and activities within the boundaries of the Umatilla
Indian Reservation, providing for the procedure of the Board of
Trustees, and carrying out any powers herein conferred upon the Board
of Trustees''.
E. The enactment of this Liquor Code to govern liquor sales and
service on the Umatilla Indian Reservation will increase the ability of
the Confederated Tribes to control Reservation liquor distribution,
sales, service and possession, and at the same time will provide an
important source of revenue for the continued operation of Tribal
government and the delivery of governmental services, as well as
provide an amenity to customers of enterprises of the Confederated
Tribes.
F. The Confederated Tribes have entered into a Memorandum of
Understanding (MOU) with the Oregon Liquor Control Commission to deal
with governmental issues associated with the licensing and regulation
of liquor sales on the Umatilla Indian Reservation.
SECTION 1.03. DEFINITIONS
A. Unless otherwise required by the context, the following words
and phrases shall have the designated meanings.
1. ``Alcohol''. That substance known as ethyl alcohol, hydrated
oxide or ethyl, spirits or wine as defined herein, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions and
mixtures of those substances.
2. ``Authorized Liquor Business''. Means any lessee of land owned
by the Confederated Tribes or enterprise of the Confederated Tribes
where the Board of Trustees has authorized the sale or service of
liquor in the applicable lease or by resolution.
3. ``Coyote Business Park''. Shall included Coyote Business Park
North, South and East.
4. ``Wildhorse Chief Executive Officer''. That person appointed by
the Confederated Tribes to manage the Wildhorse Resort & Casino.
5. ``Liquor'' or ``Liquor Products''. Includes the four varieties
of liquor herein defined (alcohol, spirits, wine, and beer) and all
fermented, spirituous, vinous, or malt liquor, or a combination
thereof, and mixed liquor, a part of which is fermented, spirituous,
vinous, or malt liquor or otherwise intoxicating in every liquid or
solid or semi-solid or other substance patented or not containing
alcohol, spirits, wine, or beer, and all drinks of potable liquids and
all preparations or mixtures capable of human consumption, and any
liquid, semi-solid, solid, or other substance, which contains more than
one percent (1%) of alcohol by weight shall be conclusively deemed to
be intoxicating.
6. ``Wildhorse Resort & Casino''. Shall include the casino, hotels,
golf course (including club house), cineplex, RV park and future
facilities that become a part of the Wildhorse Resort & Casino located
on the Umatilla Indian Reservation.
7. ``Sale'' and ``Sell''. Includes exchange, barter, and traffic;
and also the supplying or distribution by any means whatsoever, of
liquor or any liquid known or described as beer or by any name whatever
commonly used to describe malt or brewed liquor or wine, by any person
to any other person; and also includes the supply and distribution to
any other person.
8. ``Spirits''. Any beverage which contains alcohol obtained by
distillation, including wines exceeding seventeen percent (17%) of
alcohol by weight.
9. ``Wine''. Any alcoholic beverage obtained by fermentation of
fruits, grapes, berries, or any other agricultural product containing
sugar, to which any saccharin substances may have been added before,
during or after fermentation, and containing not more than seventeen
percent (17%) of alcohol by weight, including sweet wines fortified
with wine spirits, such as port, sherry, muscatel, and anglican, not
exceeding seventeen percent (17%) of alcohol by weight.
SECTION 1.04. JURISDICTION
To the extent permitted by applicable law, the Confederated Tribes
asserts jurisdiction to determine whether liquor sales and service are
permitted within the boundaries of the Umatilla Indian Reservation.
Nothing in this Code is intended nor shall be construed to limit the
jurisdiction of the Confederated Tribes to regulate liquor sales and
service on all lands within the boundaries of the Umatilla Indian
Reservation.
SECTION 1.05. RELATION TO OTHER LAWS
All prior codes, ordinances, resolutions and motions of the
Confederated Tribes
[[Page 35135]]
regulating, authorizing, prohibiting, or in any way dealing with the
sale or service of liquor are hereby repealed and are of no further
force or effect to the extent they are inconsistent or conflict with
the provisions of this Code. Specifically, amendments to the Criminal
Code to make it consistent with this Liquor Code have been approved by
Resolution 05-095 (October 3, 2005). No Tribal business licensing law
or other Tribal law shall be applied in a manner inconsistent with the
provisions of this Code.
SECTION 1.06. AUTHORIZED SALE AND SERVICE OF LIQUOR
A. Liquor may be offered for sale and may be served on the Umatilla
Indian Reservation only at the following locations:
1. At the Wildhorse Resort & Casino;
2. At the Coyote Business Park by any Coyote Business Park lessee
if liquor sales or service is permitted in the lease between the lessee
and the Confederated Tribes; and
3. At any other Authorized Liquor Business location if liquor sales
or service is permitted in the lease between the lessee and the
Confederated Tribes or at any other enterprise of the Confederated
Tribes if liquor sales or service are authorized by a Board of Trustees
resolution.
SECTION 1.07. PROHIBITIONS
A. General Prohibitions. The commercial introduction of liquor for
sales and service, other than as permitted by this Code, is prohibited
within the Umatilla Indian Reservation, and is hereby declared an
offense under Tribal law. Federal liquor laws applicable to Indian
Country shall remain applicable to any person, act, or transaction
which is not authorized by this Code and violators of this Code shall
be subject to federal prosecution as well as to legal action in
accordance with the law of the Confederated Tribes.
B. Age Restrictions. No person shall be authorized to serve liquor
unless they are at least 21 years of age. No person may be served
liquor unless they are 21 years of age.
C. Off Premises Consumption of Liquor.
1. All liquor sales and service authorized by this Code at the
Wildhorse Resort & Casino shall be fully consumed at the Wildhorse
Resort & Casino as set forth in section 1.06 of this Code and no open
containers of liquor, or unopened containers of liquor in bottles,
cans, or otherwise may be permitted outside of the above-described
premises, except as follows:
(a) Patrons at Wildhorse or Authorized Liquor Business restaurants
may be permitted to remove a partially consumed bottle of wine from the
restaurant if the wine is served in conjunction with the patron's meal,
the patron is not a minor and the patron is not visibly intoxicated.
(b) Organizers of meetings or conventions at Wildhorse may be
permitted to offer or award liquor, including wine, to meeting and
convention participants, provided that the participant is not a minor
nor visibly intoxicated, and such liquor or wine may be removed from
the Wildhorse premises by the participant so long as the liquor or wine
is not opened.
2. Liquor sales and service at Coyote Business Park shall be
conducted in strict compliance with the lease between the Coyote
Business Park lessee and the Confederated Tribes.
3. Liquor sales and service at an Authorized Liquor Business shall
be conducted in strict compliance with the applicable lease or Board of
Trustees resolution.
D. No Credit Liquor Sales. The sales and service of liquor
authorized by this Code shall be upon a cash basis only. For purposes
of this Code, payment for liquor on a cash basis shall include payment
by cash, credit card, or check.
SECTION 1.08. CONFORMITY WITH APPLICABLE LAW
A. Authorized liquor sales and service on the Umatilla Indian
Reservation shall comply with Oregon State liquor law standards to the
extent required by 18 U.S.C. 1161.
B. Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer
shall be responsible for ensuring that all OLCC license requirements
are satisfied, that the license(s) is renewed on an annual basis, and
that all reasonable and necessary actions are taken to sell and serve
liquor to Wildhorse patrons in a manner consistent with this Code,
applicable State law, and the Tribal-State Compact. The Wildhorse Chief
Executive Officer shall also be authorized to purchase liquor from the
State or other source for sale and service within the Wildhorse Resort
& Casino. The Wildhorse Chief Executive Officer is further authorized
to treat as a casino expense any license fees associated with the OLCC
liquor license.
C. Coyote Business Park. The Coyote Business Park lessee authorized
to sell or serve liquor as provided in section 1.06(A)(2) of this Code,
shall be responsible for insuring that all OLCC license requirements
are satisfied, that the license(s) is renewed on an annual basis, and
that all reasonable and necessary actions are taken to sell and serve
liquor in a manner consistent with this Code and applicable Tribal and
State law.
D. Authorized Liquor Business. The lessee or manager of an
Authorized Liquor Business shall be responsible for insuring that all
OLCC license requirements are satisfied, that the license(s) is renewed
on an annual basis, and that all reasonable and necessary actions are
taken to sell and serve liquor in a manner consistent with this Code
and applicable Tribal and State law.
SECTION 1.09. PENALTY
Any person or entity possessing, selling, serving, bartering, or
manufacturing liquor products in violation of any part of this Code
shall be subject to a civil fine of not more than $500 for each
violation involving possession, but up to $5,000 for each violation
involving selling, bartering, or manufacturing liquor products in
violation of this Code, and violators may be subject to exclusion from
the Umatilla Indian Reservation. In addition, persons or entities
subject to the criminal jurisdiction of the Confederated Tribes who
violate this Code shall be subject to criminal punishment as provided
in the Criminal Code. All contraband liquor shall be confiscated by the
Umatilla Tribal Police Department (UTPD). The Umatilla Tribal Court
shall have exclusive jurisdiction to enforce this Code and the civil
fines, criminal punishment and exclusion authorized by this section.
SECTION 1.10. SOVEREIGN IMMUNITY PRESERVED
Nothing in this Code is intended or shall be construed as a waiver of
the sovereign immunity of the Confederated Tribes. No manager or
employee of the Confederated Tribes or the Wildhorse Resort & Casino
shall be authorized, nor shall they attempt, to waive the sovereign
immunity of the Confederated Tribes pursuant to this Code.
SECTION 1.11. SEVERABILITY
If any provision or provisions in this Code are held invalid by a court
of competent jurisdiction, this Code shall continue in effect as if the
invalid provision(s) were not a part hereof.
SECTION 1.12. EFFECTIVE DATE
This Code shall be effective following approval by the Board of
Trustees and approval by the Secretary of the Interior or his/her
designee and thirty days after
[[Page 35136]]
publication in the Federal Register as provided by federal law.
[FR Doc. 2019-15548 Filed 7-19-19; 8:45 am]
BILLING CODE 4337-15-P