[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Notices]
[Pages 66735-66737]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18380]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[245A2100DD/AAKC001030/A0A501010.999900]


Tejon Indian Tribe 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 
Tejon Indian Tribe. The Tejon Indian Tribe 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 become effective September 16, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Sarraye Forrest-Davis, Tribal 
Government Specialist, Pacific Regional Office, Bureau of Indian 
Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825, 
[email protected], (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.
    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 Executive Committee of the Tejon Indian 
Tribe duly enacted the Liquor Control Ordinance on October 21, 2023.

Bryan Newland,
Assistant Secretary--Indian Affairs.

TEJON INDIAN TRIBE

LIQUOR CONTROL ORDINANCE

ENACTED: October 21, 2023

ARTICLE ONE. INTRODUCTION

Section 1. Authority

    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 Tribal Executive Committee of the Tejon Indian Tribe (``Tribal 
Executive Committee'') to develop, adopt and enforce ordinances as 
authorized under Article VI, Section 3, of the Constitution and Bylaws 
of the Tejon Indian Tribe, adopted October 15, 2022.

Section 2. Purpose

    The purpose of this Ordinance is to regulate and control the 
possession, sale, manufacture and distribution 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 for the continued operation of the tribal 
government, the delivery of governmental services, and the economic 
viability of tribal enterprises.

Section 3. Short Title

    This Ordinance shall be known and cited as the ``Liquor Control 
Ordinance.''

Section 4. Jurisdiction

    This Ordinance shall apply to all lands now or in the future under 
the governmental authority of the Tribe, including Tribal Trust Lands.

Section 5. Application of 18 U.S.C. 1161

    By enacting 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, other applicable Federal law, 
and the Compact.

ARTICLE TWO. DEFINITIONS

Section 1. Definitions

    As used in this Ordinance, the terms below are defined as follows:

[[Page 66736]]

    (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 as may be amended from time to time or procedures prescribed 
by the Secretary of the Interior pursuant to 25 U.S.C. 2710(d)(7), 
under which the Tribe may conduct Class III gaming on ``Indian lands'' 
as such term is defined in the Indian Gaming Regulatory Act, 25 U.S.C. 
2701, et seq..
    (d) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Ordinance.
    (e) Liquor means any alcoholic beverage, as defined in this Section 
1.
    (f) 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.
    (g) Sale and sell mean the transfer for consideration of any kind, 
including by exchange or barter.
    (h) State means the State of California.
    (i) Tribal Trust Lands means all lands held by the United States in 
trust for the Tribe now or in the future.

ARTICLE THREE. LIQUOR SALES, POSSESSION, & MANUFACTURE

Section 1. Possession of Alcohol

    The introduction and possession of alcoholic beverages shall be 
lawful on Tribal Trust Lands; provided that such introduction or 
possession is in conformity with the laws of the State.

Section 2. Retail Sales of Alcohol

    The sale of alcoholic beverages shall be lawful on 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.

Section 3. Manufacture of Alcohol

    The manufacture of liquor shall be lawful on 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.

Section 4. Age Limits

    The legal age for possession or consumption of alcohol on 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 or be present in any area of the 
Tribe's gaming operation in which alcoholic beverages may be consumed, 
except to the extent permitted by State law. 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.

ARTICLE FOUR. LICENSING

Section 1. Licensing

    The Tribal Executive Committee shall have the authority to require 
and issue liquor licenses (including, without limitation, retail, 
wholesale, manufacturer, special events licenses and any other type of 
liquor license recognized by State law) and shall have the power to 
establish and enforce procedures and standards for such licensing of 
liquor sales on Tribal Trust Lands, including the setting of a license 
fee schedule; provided that no tribal license shall be issued 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 of the United States shall not provide 
the applicant with an entitlement to a tribal license. The Tribal 
Executive Committee may, in its discretion, set standards that are 
more, but in no case less, stringent than those of the State.

ARTICLE FIVE. ENFORCEMENT

Section 1. Enforcement

    The Tribal Executive Committee 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 and 
criminal 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 Tribal Executive Committee 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 to the full extent permitted by tribal, Federal, and 
State law and consistent with due process.
    The Tribal Executive Committee 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.

ARTICLE SIX. TAXES

Section 1. Taxation

    Nothing contained in this Ordinance is intended to, nor does it in 
any way, limit or restrict the Tribe's ability to impose any tax upon 
the sale or consumption of liquor. The Tribe retains the right to 
impose such taxes by appropriate Ordinance to the fullest extent 
permitted by Federal law.

ARTICLE SEVEN. MISCELLANEOUS PROVISIONS

Section 1. Sovereign Immunity Preserved

    Nothing contained in this Ordinance is intended to, nor shall it be 
construed in any way to waive, limit, alter, or restrict the sovereign 
immunity of the Tribe or any of its agencies, agents or officials from 
unconsented suit or action of any kind.

Section 2. Conformity With Applicable Laws

    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.

Section 3. Effective Date

    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.

[[Page 66737]]

Section 4. Repeal of Prior Acts

    All prior Tribal laws, resolutions, policies, regulations, or 
ordinances pertaining to the subject matter set forth in this Ordinance 
and to the extent they are inconsistent with this Ordinance, are hereby 
repealed.

Section 5. Amendments

    This Ordinance may only be amended pursuant to an amendment duly 
enacted by the Tribal Executive Committee and, to the extent required 
by Federal law, certification by the Secretary of the Interior and 
publication in the Federal Register.

Section 6. Severability and Savings Clause

    If any section, 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 the remaining sections, 
parts and provisions of this Ordinance invalid, void or unenforceable 
and the remainder of this Ordinance shall not be affected and shall 
continue in full force and effect.

[FR Doc. 2024-18380 Filed 8-15-24; 8:45 am]
BILLING CODE 4337-15-P