Burns Paiute Tribe Liquor Ordinance; Amendment, 51842-51843 [05-17281]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 70, Number 168 (Wednesday, August 31, 2005)]
[Notices]
[Pages 51842-51843]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17281]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Burns Paiute Tribe Liquor Ordinance; Amendment

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an Amendment to the Burns Paiute Tribe's 
Liquor Control Ordinance. The Ordinance regulates and controls the 
possession, sale and consumption of liquor within the Burns Paiute 
Tribe's Indian Country. The land is located on trust land and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within the Burns Paiute Tribe's Indian Country and will increase the 
ability of the tribal government to control the tribe's liquor 
distribution and possession, and at the same time will provide an 
important source of revenue for the continued operation and 
strengthening of the tribal government and the delivery of tribal 
services.

EFFECTIVE DATE: This Amendment is effective on August 31, 2005.

FOR FURTHER INFORMATION CONTACT: Betty Scissons, Division of Tribal 
Government Services, Bureau of Indian Affairs, Northwest Regional 
Office, 911 NE. 11th Avenue, Portland, OR 97232-4169, Telephone 503-
231-6723, Fax 503-231-2189; or Ralph Gonzales, Office of Tribal 
Services, 1951 Constitution Avenue, NW., Mail Stop 320-SIB, Washington, 
DC 20240, Telephone (202) 513-7629.

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 ordinances for the purpose of regulating liquor 
transactions in Indian country. The Burns Paiute Tribal Council adopted 
this Amendment by Resolution No. 2005-05 on April 12, 2005. The purpose 
of this Amendment to their Ordinance is to permit the sale and service 
of alcohol anywhere in the Old Camp Casino instead of restricting 
liquor sales to the lounge, restaurant, and bingo hall.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs. I certify that this Amendment to the Liquor 
Ordinance of the Burns Paiute Tribe was duly adopted by the Tribal 
Council on April 12, 2005.

    Dated: August 19, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
    The Amendment to Burns Paiute Tribe's Liquor Ordinance reads as 
follows:
    1. Remove the second sentence in section 5 which reads: ``The sales 
and service of liquor in the Old Camp Casino may only be permitted in 
the following areas: liquor lounge, restaurant, and bingo hall when 
used for entertainment, food service, or convention/meeting purposes.''
    2. Remove the following phrase from the first sentence of section 
6.C: ``the lounge or restaurant area within.''
    The re-statement of the Burns-Paiute Tribal Liquor Ordinance 
incorporating the Amendment will now read as follows:

Burns-Paiute Tribal Liquor Ordinance

Section 1--Title

    This Ordinance shall be the Liquor Ordinance of the Burns-Paiute 
Indian Tribe and shall be referenced as the Tribal Liquor Ordinance.

Section 2--Findings and Purpose

    1. 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 Reservations remains exclusively subject to their legislative 
enactments.
    2. Federal law currently prohibits the introduction of liquor into 
Indian Country (18 U.S.C. 1154), leaving tribes the decision regarding 
when and to what extent liquor transactions, sales, possession and 
service shall be permitted on their Reservation (18 U.S.C. 1161).
    3. The Burns-Paiute General Council discussed and approved a 
Resolution to permit the sale and service of liquor at the Old Camp 
Casino, but at no other location, at the General Council meeting held 
in June, 1999.
    4. The enactment of this Tribal Ordinance to govern liquor sales 
and service on the Burns-Paiute Reservation, and the limitation of such 
liquor sales and service at the Old Camp Casino, will increase the 
ability of the tribal government to control Reservation liquor 
distribution 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 at the Old Camp Casino.
    5. In order to authorize limited liquor sales and service at the 
Old Camp Casino, to facilitate increased tribal control over liquor 
distribution on the Burns-Paiute Reservation, and to provide for 
urgently needed additional revenues for the Burns-Paiute tribal 
government, the Burns-Paiute Tribal Council adopts this Liquor 
Ordinance.
    6. The Burns-Paiute Tribe has entered 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 Burns-Paiute Indian Reservation.

Section 3--Definitions

    Unless otherwise required by the context, the following words and 
phrases shall have the designated meanings:
    1. Alcohol: Is that substance known as ethyl alcohol, hydrated 
oxide or ethyl, or spirit of wine, 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. Casino Manager: That person appointed by the Tribal Council to 
manage the Old Camp Casino.
    3. 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.
    4. Old Camp Casino: Shall be the gaming facility located on the 10-
acre Old Camp site located on the Burns-Paiute Indian Reservation which 
is more specifically described in Exhibit 1 to the Tribal-State Compact 
between the

[[Page 51843]]

Burns-Paiute Tribe and the State of Oregon.
    5. 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.
    6. Spirits: Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent (17%) of 
alcohol by weight.
    7. 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 4--Relation to Other Tribal Laws

    All prior Ordinances and Resolutions of the Burns-Paiute Indian 
Tribe 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 Ordinance. No tribal business licensing law or 
other tribal law shall be applied in a manner inconsistent with the 
provisions of this Ordinance.

Section 5--Authorized Sale and Service of Liquor

    Liquor may be offered for sale and may be served on the Burns-
Paiute Indian Reservation only in the Old Camp Casino. All such sales 
and service of liquor in the Old Camp Casino shall be consistent with 
the Tribal-State Compact and applicable Federal and State law.
    The Burns-Paiute Tribal Council hereby authorizes the Manager of 
the Old Camp Casino to apply for a Dispenser Class A License from the 
Oregon Liquor Control Commission (OLCC) for the sales and service of 
liquor at the Old Camp Casino as provided in this Ordinance. The casino 
Manager is further authorized to treat as a casino expense any license 
fees associated with the OLCC Liquor License.

Section 6--Prohibitions

A. General Prohibitions
    The introduction of liquor, other than by the Burns-Paiute Tribe 
through its Old Camp Casino is prohibited within the Burns-Paiute 
Indian Reservation, and is hereby declared an offense under tribal law. 
Possession, sales, and service of liquor by any person prohibited by 
federal law at 18 U.S.C. 1154 shall be lawful so long as the possession 
is in conformity with this Ordinance.
    Federal Indian liquor laws shall remain applicable to any person, 
act, or transaction which is not authorized by this Ordinance and 
violators of this Ordinance shall be subject to federal prosecution as 
well as to legal action in accordance with tribal law.
B. Age Restrictions
    No person shall be authorized to serve liquor to casino patrons 
unless they are at least 21 years of age. No person may be served 
liquor unless they are 21 years of age.
C. No Consumption of Liquor Outside of Casino Premises
    All liquor sales and service permitted by this Ordinance shall be 
fully consumed within the Old Camp Casino. No open containers of 
liquor, or unopened containers of liquor in bottles, cans, or otherwise 
may be permitted outside of the casino premises.
D. No Credit Liquor Sales
    The sales and service of liquor authorized by this Ordinance shall 
be upon a cash basis only. Payment for liquor shall be by cash, credit 
card, or check.

Section 7--Conformity with State Law

    Authorized liquor sales and service on the Burns-Paiute Indian 
Reservation shall comply with Oregon State liquor law standards to the 
extent required by 18 U.S.C. 1161. The casino Manager shall be 
responsible for insuring that all OLCC license requirements are 
satisfied, that the license is renewed on an annual basis, and that all 
reasonable and necessary actions are taken to sell and serve liquor to 
casino patrons in a manner consistent with this Ordinance, applicable 
state law, and the Tribal-State Compact. The casino Manager shall also 
be authorized to purchase liquor from the State or other source for 
sale and service within the Old Camp Casino.

Section 8--Penalty

    Any person or entity possessing, selling, serving, bartering, or 
manufacturing liquor products in violation of any part of this 
Ordinance 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 Ordinance, and violators may be subject 
to exclusion from the Burns-Paiute Indian Reservation. In addition, 
persons or entities subject to the criminal jurisdiction of the Burns-
Paiute Tribe who violate this Ordinance shall be subject to criminal 
punishment as provided in the Burns-Paiute Law and Order Code. All 
contraband liquor shall be confiscated by the Burns-Paiute Police 
Department.

Section 9--Sovereign Immunity Preserved

    Nothing in this Ordinance is intended or shall be construed as a 
waiver of the sovereign immunity of the Burns-Paiute Indian Tribe. No 
Manager or employee of the Old Camp Casino shall be authorized, nor 
shall they attempt, to waive the sovereign immunity of the Tribe.

Section 10--Effective Date

    This Ordinance shall be effective following approval by the Burns-
Paiute Tribal Council and approval by the Secretary of Interior or his 
designee as provided by federal law.

[FR Doc. 05-17281 Filed 8-30-05; 8:45 am]
BILLING CODE 4310-4J-P