[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