Gila River Indian Community-Sale and Consumption of Alcoholic Beverages, 68071-68076 [05-22357]

Agencies

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

[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Notices]
[Pages 68071-68076]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22357]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Gila River Indian Community--Sale and Consumption of Alcoholic 
Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Gila River Indian Community Control 
Ordinance. The Ordinance regulates and controls the possession, sale 
and consumption of liquor within the Gila River Indian Reservation. The 
Reservation is located on trust land and this Ordinance allows for the 
possession and sale of alcoholic beverages within the exterior 
boundaries of the Gila River Indian Reservation. This Ordinance will 
increase the ability of the tribal government to control the 
community'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.

DATES: Effective Date: This Ordinance is effective on November 9, 2005.

FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government 
Services Officer, Western Regional Office, P.O. Box 10, Phoenix, 
Arizona 85001, Telephone (602) 379-6786; Fax (602) 379-4100; 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 Gila River Indian Community Council 
adopted its Liquor Control Ordinance by Ordinance No. GR-03-05 on April 
6, 2005. The purpose of this Ordinance is to govern the sale, 
possession and distribution of alcohol within the Gila River Indian 
Reservation.
    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 Liquor Ordinance of the 
Gila River Indian Community was duly adopted by the Community Council 
on April 6, 2005.

    Dated: November 2, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
    The Gila River Indian Community Liquor Ordinance reads as follows:

Gila River Indian Community Law and Order Code, Title 14, Alcoholic 
Beverages

Chapter 1. Legalizing the Introduction, Possession, Storage, and Sale 
of Alcoholic Beverages in the Gila River Indian Community: Definitions

    14.101 Members of the Gila River Indian Community and other persons 
are hereby authorized to introduce, possess, store and sell alcoholic 
beverages in accordance with all Community ordinances, rules, and 
regulations, and state and federal law to the extent they apply. Such 
possession, storage, and sale is permitted in these enumerated 
situations:
    1. Possession of alcoholic beverage is permitted throughout the 
Gila River Indian Reservation.
    2. Locations For Introduction, Storage and Sale Of Alcoholic 
Beverages. The introduction, storage, and sale of alcoholic beverages 
is permitted upon application to and approval by the Gila River Indian 
Community Council, as further described in Chapter 14.202 of this 
Ordinance. Such permission shall apply to a corridor extending one-half 
mile on either side of centerline of Interstate 10, where it crosses 
the Reservation, and in the following areas: parcels within Township 2 
South, Range 4 East of the Gila and Salt River Base and Meridian, a 
part of the Gila River Indian Reservation located in Arizona.
    a. More particularly: The True Point of Beginning at a point of the 
North line of said Township 2 south, Range 4 East on the centerline of 
Interstate 10, thence westerly on said Township line to a Point on a 
line which is one-half mile westerly and parallel to the Interstate 10 
centerline, thence southerly on said one-half mile line to a point on 
the centerline on the Broadacres canal, thence southwesterly on said 
canal centerline to the North-South midsection line of Section 6, 
Township 2 South, Range 4 East, thence south on the midsection lines of 
section 6, 7 and 18 to the centerpoint of Section 18, Township 2 South, 
Range 4 East, thence easterly on the East-West midsection lines of 
Section 18, 17, and 16 to the centerline of said Interstate 10, thence 
northwesterly along said centerline to the North line of said Township 
2 South, Range 4 East, the true Point of Beginning;
    b. Together with: A parcel which True Point of Beginning in the 
Northeast corner of Section 4, of said Township 2 south, Range 4 East, 
thence westerly on the North line of Township 2 South, Range 4 East, to 
the Easterly right-of-way line of Interstate 10, thence southeasterly 
on said right-of-way line to the south section line of section 9, 
Township 2 South, Range 4 East, thence EAST on said section 9 south 
section line to the southeast corner of Section 9, thence northerly on 
the East Section lines of Section 9 and Section 4, Township 2 South, 
Range 4 East to the True Point of the Beginning;
    c. Also together with: The property as described within the 
Memorial Airport lease, all in Township 2 South, Range 4 East of the 
Gila and Salt River Base and Meridian, to wit:

Section 14

SW\1/4\

Section 15

S\1/2\, NE\1/4\
SE\1/4\, NW\1/4\
NE\1/4\, SW\1/4\
SE\1/4\

[[Page 68072]]

Section 22

N\1/2\, NE\1/4\, NE\1/4\

Section 23

NE\1/4\, NW\1/4\, NW\1/4\
N\1/2\, N\1/2\, SW\1/4\, NW\1/4\
E\1/2\, NW\1/4\
N\1/2\, N\1/2\, NE\1/4\, SW\1/4\
NW\1/4\, SE\1/4\
N\1/2\, N\1/2\, SW\1/4\, SE\1/4\
E\1/2\, SE\1/4\

Section 24

NE\1/4\, NE\1/4\
W\1/2\, NE\1/4\
N\1/2\, N\1/2\, SE\1/4\, SE\1/4\
NW\1/4\
N\1/2\, SW\1/4\
SW\1/4\, SW\1/4\
    N\1/2\, N\1/2\, SE\1/4\, SW\1/4\
    N\1/2\, N\1/2\, NW\1/4\, SE\1/4\

    d. Also together with: A parcel of land commonly referred to as the 
``Wild Horse Pass Development Area,'' situated within the SE\1/4\ of 
the SE\1/4\ of Section 1, the E\1/2\ of the NE\1/4\ and SE\1/4\ of 
Section 12, NE\1/4\ of the NE\1/4\ of Section 13, Township 2 South, 
Range 3 East, the S\1/2\ of the SW\1/4\ of Section 5, the S\1/2\ of the 
SW\1/4\ and SE\1/4\ of Section 6, all of Section 7, W\1/2\ of Section 
8, N\1/2\ of the NW\1/4\ of Section 17, N\1/2\ of the NW\1/4\ and NE\1/
4\ of Section 18, Township 2 South, Range 4 East of the Gila and Salt 
Meridian.
    3. Introduction, Storage, Sale of Alcoholic Beverages At Other 
Locations. The introduction, storage, and sale of alcoholic beverages 
on any part of the Reservation other than in the areas described in 
Chapter 14.101(2) is permitted upon application to and approval by the 
Gila River Indian Community Council as further described in Chapter 
14.202; provided that the Council shall not approve the application. 
The vote described in this paragraph shall occur at a regular meeting 
of the affected District, and shall require the Community members 
residing in the affected District, who are present and vote at such 
regular meeting, to recommend approval of the application by majority 
vote.
    4. The Gila River Indian Community Council may adopt further 
resolutions as may be necessary to implement this Ordinance.
    14.102 Definitions. In this Title, unless the context otherwise 
requires:
    1. ``Beer'' means any beverage obtained by the alcoholic 
fermentation, infusion, or decoction of barley malt, hops, or other 
ingredients not drinkable, or any combination thereof.
    2. ``Broken package'' means any container of spirituous liquor on 
which the United States tax seal has been broken or removed, or from 
which the cap, cork, or seal placed thereupon by the manufacturer has 
been removed.
    3. ``Club'' includes any of the following organizations where the 
sale of spirituous liquor for consumption on the premises is made to 
members only:
    a. A post, chapter, camp, or other local unit composed solely of 
veterans and its duly recognized auxiliary which has been chartered by 
the Congress of the United States for patriotic, fraternal, or 
benevolent purposes and which has, as the owner, lessee, or occupant, 
operated an establishment for that purpose within the Reservation.
    b. A chapter, aerie, parlor, lodge, or other local unit of an 
American national fraternal organization which has as the owner, lessee 
or occupant operated an establishment for fraternal purposes within the 
Reservation. An American national fraternal organization as used in 
this subdivision shall actively operate in not less than thirty-six 
states or have been in active continuous existence for not less than 
twenty years.
    c. A hall or building association of a local unit mentioned in 
subdivisions (a) and (b) of this paragraph, all of the capital stock of 
which is owned by the local unit or the members, and which operates the 
clubroom facilities of the local unit.
    d. A golf club which has more than fifty bona fide members which 
owns, maintains, or operates a bona fide golf links together with a 
clubhouse.
    e. A social club which has more than fifty bona fide members who 
are actual residents of the county in which it is located, that owns, 
maintains or operates club quarters, is authorized and incorporated to 
operate as a non-profit club under the laws of this Community, and has 
been continuously incorporated and operating for a period of not less 
than one year. The club shall have had, during this one-year period, a 
bona fide membership with regular meetings conducted at least once each 
month and the membership shall be and shall have been actively engaged 
in carrying out the objectives of the club. The club's membership shall 
consist of bona fide dues paying members paying at least six dollars 
per year, payable monthly, quarterly, or annually, which have been 
recorded by the secretary of the club, and the members at the time of 
application for a club license shall be in good standing having for at 
least one full year paid dues. At least fifty-one percent of the 
members shall have signified their intention to secure a social club 
license by personally signing a petition, on a form prescribed by the 
Committee, which shall also include the correct mailing address of each 
signer. The petition shall not have been signed by a member at a date 
earlier than thirty days prior to the filing of the petition. It is the 
intent of this paragraph that a license shall not be granted to a club 
which is, or has been primarily formed or activated to obtain a license 
to sell liquor, but solely to a bona fide club, where the sale of 
liquor is incidental to the main purposes of the club.
    4. ``Committee'' means the Government and Management Standing 
Committee, a committee of the Gila River Indian Community Council.
    5. ``Community'' means the Gila River Indian Community.
    6. ``Company'' or ``association'' when used in reference to a 
corporation includes successors or assigns.
    7. ``Council'' means the Gila River Indian Community Council.
    8. ``License'' means a license or an interim retail permit issued 
pursuant to the provisions of this Ordinance.
    9. ``Off-sale retailer'' means any person operating a bona fide 
regularly established retail liquor store selling spirituous liquors, 
wines and beer, and any established retail store selling commodities 
other than spirituous liquors and engaged in the sale of spirituous 
liquors only in the original package, to be taken away from the 
premises of the retailer and to be consumed off the premises.
    10. ``On-sale retailer'' means any person operating an 
establishment where spirituous liquors are sold in the original 
container for consumption on or off the premises or in individual 
portions for consumption on the premises.
    11. ``Premises'' or ``licensed premises'' means the area from which 
the licensee is authorized to sell, dispense, or serve spirituous 
liquors under the provisions of the license.
    12. ``Person'' includes partnership, limited liability company, 
association, company, or corporation, as well as a natural person.
    13. ``Reservation'' means the Gila River Indian Reservation, 
located in the counties of Maricopa and Pinal in the State of Arizona.
    14. ``Sell'' includes soliciting and receiving an order for, 
keeping or exposing for sale, directly or indirectly delivering for 
value, peddling, or keeping with the intent to sell and trafficking in.
    15. ``Spirituous liquor'' includes alcohol, brandy, whiskey, rum, 
tequila, mescal, gin, wine, porter, ale, beer, any malt liquor or 
beverage, absinthe, a compound or mixture of any of them with any 
vegetable or other substance, alcohol bitters, bitters containing 
alcohol, any liquid mixture or preparation, whether patented or 
otherwise, which produces intoxication, fruits preserved in ardent 
spirits, and

[[Page 68073]]

beverages containing more than one-half of one percent of alcohol by 
volume.
    16. ``Vehicle'' means any means of transportation by land, water, 
or air, and includes everything made use of in any way for such 
transportation.
    17. ``Wine'' means the product obtained by the fermentation of 
grapes or other agricultural products natural or added sugar or any 
such alcoholic beverages fortified with grape brandy and containing not 
more than twenty-four percent alcohol by volume.

Chapter 2. Jurisdiction, Licensing, and Exemptions

    14.201 Jurisdiction. The Gila River Indian Community Court is 
vested with original jurisdiction to hear and decide all matters 
arising pursuant to this article.
    14.202 License Applications. Liquor license applications shall be 
filed with the Government and Management Standing Committee of the Gila 
River Indian Community Council.
    1. The Committee shall review all liquor license applications and 
provide the Community Council with a recommendation as to the 
disposition of the application. A spirituous liquor license shall be 
issued only after a satisfactory showing of the capability, 
qualifications and reliability of the applicant and, with the exception 
of club licenses, that the public convenience requires and that the 
best interests of the Community will be substantially served by the 
issuance.
    2. All applications shall be referred to the District in which the 
applicant seeks to do business, except for applications in which the 
applicant will conduct business within the areas referenced in Chapter 
14.101(2) of this Ordinance, which do not require District approval.
    3. License Issuance Contingent Upon Possession Of Gila River Indian 
Community Business License. Any person or organized business entity 
that applies for a liquor license to manufacture, sell, or deal in 
spirituous liquors within the exterior boundaries of the Gila River 
Indian Reservation shall possess a Community Business License before 
being issued a liquor license.
    4. Liquor Issuance Contingent Upon Possession Of Arizona Liquor 
License. Issuance of a Community Liquor License shall be contingent 
upon the applicant obtaining a liquor license of the same type from the 
Department of Liquor Licenses and Control of the State of Arizona.
    14.203 Scope of License. A license issued under this Ordinance 
shall permit the licensee to manufacture, sell, or deal in spirituous 
liquors only at the place and in the manner provided therein, and a 
separate license shall be issued for each specific business. Each 
license shall specify the:
    1. Particular spirituous liquors which the licensee is authorized 
to manufacture, sell, or deal in.
    2. Licensee's mailing and physical address and business or trade 
name.
    3. Purpose for which the spirituous liquors shall be manufactured 
or sold.
    14.204 Transfer of License. No Community license shall be 
transferred without the prior written consent of the Gila River Indian 
Community Council.
    14.205 Expiration of License. Every license expires annually, 
measured from the date of issuance.
    1. A licensee who fails to renew the license on or before the due 
date shall pay a penalty of one hundred dollars ($100) with their 
application for renewal.
    2. A license renewal application that is deposited, properly 
addressed, and postage provided in an official depository of the United 
States on or before the due date shall be deemed filed and received by 
the Committee on the date shown by the postmark or other official mark 
of the United States postal service.
    3. If the due date falls on a Saturday, Sunday, or other Community-
recognized holiday, the renewal shall be deemed timely if received by 
the Committee on the next business day.
    4. A licensee who fails to renew the license on or before the due 
date shall not sell, purchase, or otherwise deal in spirituous liquor 
until the license is renewed.
    5. A license not renewed within twenty (20) working days after the 
due date shall be deemed terminated.
    14.206 Exemptions. This Ordinance shall not apply to drugstores 
selling spirituous liquors only upon prescription or to ethyl alcohol 
used for the following purposes:
    1. Scientific, chemical, mechanical, industrial, and medicinal 
purposes.
    2. Use by those authorized to procure spirituous liquor or ethyl 
alcohol tax-free, as provided by the acts of Congress and regulations 
promulgated thereunder.
    3. In the manufacture of denatured alcohol produced and used as 
provided by the acts of Congress and regulations promulgated 
thereunder.
    4. In the manufacture of patented, patent, proprietary, medicinal, 
pharmaceutical, antiseptic toilet, scientific, chemical, mechanical and 
industrial preparations or products, unfit and not used for beverage 
purposes.
    5. In the manufacture of flavoring extracts and unfit for beverage 
purposes.

Chapter 3. Fees

    14.301 Disposition of Fees. All license fees and fines collected 
under this Ordinance shall be paid to the Community Treasurer's Office 
and deposited in the Gila River Indian Community's general fund, unless 
otherwise directed by Community Council resolution.
    14.302 Fees. All applications for liquor licenses shall include 
full payment of the fees described herein. Original license application 
fees shall be refunded to the applicant if the application is denied.
    1. Application Fees For An Original Community License.
    a. Distiller's, Brewer's, or Vintner's license: one hundred dollars 
($100).
    b. Wholesaler's license to sell spirituous liquors: one hundred 
dollars ($100).
    c. On-sale retailer's license to sell all spirituous liquors in 
individual portions and in the original container: one hundred dollars 
($100).
    d. Off-sale retailer's license to sell all spirituous liquors: one 
hundred dollars ($100).
    e. Club license issued in the name of a bona fide club qualified 
under this Ordinance to sell all liquors on-sale: one thousand dollars 
($1,000).
    f. Hotel-motel license issued as such to sell and serve spirituous 
liquors solely for consumption on the licensed premises of the hotel or 
motel: one thousand dollars ($1,000).
    g. Restaurant license issued to sell and serve spirituous liquors 
solely for consumption on the licensed premises of the restaurant: one 
thousand dollars ($1,000).
    2. Renewal Fees.
    a. Distiller's, Brewer's, or Vintner's license: three hundred 
dollars ($300).
    b. Wholesaler's license to sell spirituous liquors: two hundred 
fifty dollars ($250).
    c. On-sale retailer's license to sell all spirituous liquors in 
individual portions and in the original container: one hundred dollars 
($100).
    d. Off-sale retailer's license to sell all spirituous liquors: 
fifty dollars ($50).
    e. Hotel-motel license issued as such to sell and serve spirituous 
liquors solely for consumption on the licensed premises of the hotel or 
motel: two hundred fifty dollars ($250).
    f. Restaurant license issued to sell and serve spirituous liquors 
solely for consumption on the licensed premises of the restaurant: two 
hundred fifty dollars ($250).
    3. Transfer Fees. Licenses may be transferred to another licensee 
only on approval from the Community Council

[[Page 68074]]

as stated in Chapter 14.204 of this Ordinance.
    a. Distiller or Brewer's license: five hundred dollars ($500).
    b. Vintner's license: three hundred dollars ($300).
    c. Wholesaler's license to sell all spirituous liquors: two hundred 
dollars ($200).
    d. On-sale retailer's license to sell all spirituous liquors by 
individual portions and in the original containers: three hundred 
dollars ($300).
    e. Off-sale retailer's license to sell all spirituous liquors: one 
hundred dollars ($100).
    f. Site Transfer Fee. Persons or business organizations who wish to 
retain their license but transfer their business to another site may do 
so after paying a site transfer fee of twenty-five dollars ($25).
    4. Seasonal Business. Where the business of an on-sale retail 
licensee is seasonal, extending for periods of less than six (6) months 
in a calendar year, the licensee may designate the periods of his 
operation and be granted a license for a period not to exceed six (6) 
months. The fees for any license granted pursuant to this subsection 
shall be one-half of the fees listed in subsections 14.302(1), (2), or 
(3).
    5. Licenses Issued After July 1. Any application, renewal, or 
transfer fee levied under this Ordinance after July 1 shall be reduced 
by one-half.

Chapter 4. Regulations

    14.401 Stills.
    1. Every person who possesses or otherwise exercises control of a 
still or distilling apparatus shall register it with the Committee 
under the rules and regulations the Committee may prescribe.
    2. Every still or distilling apparatus not registered, and any 
mash, wort, or wash, for distillation or for the production of spirits 
or alcohol, and all finished products, together with all personal 
property in the possession or custody of, or under the control of any 
person which may be used in the manufacture or transportation of 
spirituous liquors which is found in the building, yard, or enclosure 
connected with the building in which the unregistered still or 
distilling apparatus is located, shall be forfeited in the Community.
    3. The still, distilling apparatus, wort, wash or finished products 
shall forthwith be destroyed by an agency of the Committee, or other 
peace officer, and all personal property forfeited to the Committee 
shall be sold at public auction to the highest bidder for cash on five 
days' notice. Notice shall be posted at the Gila River Indian Community 
Court and at the District Service Center in the District where the 
still and associated personal property were seized. All publication and 
sale expenses shall be deducted from the sale proceeds and the balance 
will be paid into the Gila River Indian Community general fund.
    14.402 Close Of Business. No on-sale licensee shall lock, or permit 
to be locked, any entrance of his licensed establishment until all 
persons other than the licensee and his employees have left the 
premises.
    14.403 Change Of Business Or Trade Name. No licensee shall change 
the name of his licensed business without first obtaining written 
permission from the Committee. No licensee shall use a name for his 
licensed business until that name has been approved in writing by the 
Committee. The licensee shall submit his license for change within 
fifteen (15) days of the written approval of the business or trade name 
change.
    14.404 Containers.
    1. No liquor bottle or other container authorized by the laws of 
the United States or any agency thereof shall be reused for the 
packaging of distilled spirits, nor shall the original contents, or any 
portion of such original contents, remaining in a liquor bottle or 
other such authorized container, be increased by the addition of any 
substance.
    2. No licensee shall reuse, sell, or give away empty spirituous 
liquor bottles contrary to federal laws or regulations.
    14.405 Recordkeeping. All licensees shall retain, for a period of 
not less than two (2) years, all invoices, records, bills, and other 
papers and documents relating to the purchase, sale, and delivery of 
alcoholic beverages. Such records and papers shall be kept in such 
condition as to be easily accessible to the Committee or authorized 
Community employee for audit or examination.
    14.406 Emergency Closing of Premises. A licensed place of business 
may be required to cease its operation and stop all sales of alcoholic 
beverages or allow any person on the premises, with the exception of 
peace officers, the licensee and his employees, during the time at 
which it appears to the Committee or any peace officer that violence 
might reasonably occur.
    14.407 Persons With Legal Or Equitable Interest; Disclosure; 
Process.
    1. All persons having a legal or equitable interest in a spirituous 
liquor license shall file with the Committee a statement of such 
interest on a form prescribed and furnished by the Committee. Notice of 
termination of such interest shall be filed in writing by the interest 
holder upon final determination of the interest. Interest holders shall 
immediately file amended statements presently on file.
    2. The Committee may periodically, by notice to the holders of 
interests filed under this regulation, require those interest holders 
to verify in writing to the Committee that the statement presently on 
file is correct and accurate and, if not, such interest holder shall 
immediately file an amended statement or termination notice. If no 
response is received by the Committee within thirty (30) days of the 
mailing of such notice, the interest shall be deemed terminated.
    3. All persons having filed statements of interest in accordance 
with this regulation and the statute shall be given notice of all 
matters and/or action affecting or regarding the spirituous liquor 
license in which they have an interest. Notice shall be effected by 
mailing a copy thereof by registered or certified mail in a sealed 
envelope with postage prepaid and addressed to such person as his 
address as shown by the statement on file with the Committee. Service 
of such notice shall be complete when deposited in the United States 
mail.
    4. All interest holders who are entitled to receive notice as 
provided hereinabove shall have the right to appear and participate in 
person and through counsel in any hearing held before the Committee 
affecting the subject spirituous liquor license as his interests may 
appear.
    5. The statement of legal or equitable interest shall allow the 
person filing said statement to participate in the proceedings and 
shall not in any manner bind the Community concerning the matter under 
consideration.
    14.408 Unlawful Acts. It is unlawful:
    1. For any person, whether as principal or agent, clerk or 
employee, whether for himself, or for any other person, or for any body 
corporate, or as officer of any corporation, or as a member of any firm 
or co-partnership or otherwise to buy for resale, sell or deal in 
spirituous liquors on and within the exterior boundaries of the Gila 
River Indian Reservation, Arizona, without first obtaining all 
necessary Federal and State licenses including, but not restricted to a 
Federal license to trade with the Indians issued pursuant to Title 25, 
Code of Federal Regulations, and a valid license issued by the Gila 
River Indian Community.
    2. For a person to sell or deal in alcohol for beverage purposes 
without first complying with the provisions of this Ordinance.

[[Page 68075]]

    3. For a distiller, vintner, brewer or wholesaler to sell, dispose 
of or give spirituous liquor to any persons other than a licensee, 
except in sampling wares as may be necessary in the ordinary course of 
business.
    4. For a distiller, vintner or brewer to require a wholesaler to 
offer or grant a discount to a retailer, unless the discount has also 
been offered and granted to the wholesaler by the distiller, vintner or 
brewer.
    5. For a distiller, vintner or brewer to use a vehicle for trucking 
or transportation of spirituous liquors unless there is affixed to both 
sides of the vehicle a sign showing the name and address of the 
licensee and the type and number of his license in letters not less 
than three and one-half inches in height.
    6. For a person to take or solicit orders for spirituous liquors 
unless he is a registered salesman or solicitor of a licensed 
wholesaler or a registered salesman or solicitor of distillery, 
vintner, brewery, importer or broker.
    7. For any retail licensee to purchase spirituous liquor from any 
person other than a registered solicitor or salesman of a wholesaler 
licensed by the State of Arizona and the Community.
    8. For a retailer to acquire an interest in property owned, 
occupied or used by a wholesaler in his business, or in a license with 
respect to the premises of the wholesaler.
    9. Except as provided in paragraphs 10 and 11 of this section, for 
a licensee or other person to sell, furnish, dispose of or give, or 
cause to be sold, furnished, disposed of or given, to a person under 
the legal drinking age or for a person under the legal drinking age to 
buy, receive, have in the person's possession or consume spirituous 
liquor. This paragraph shall not prohibit the employment by an off-sale 
retailer of persons who are at least sixteen (16) years of age to check 
out, if supervised by a person on the premises who is at least nineteen 
(19) years of age, package or carry merchandise, including spirituous 
liquor, in unbroken packages, for the convenience of the customer of 
the employer, if the employer sells primarily merchandise other than 
spirituous liquor.
    10. For a licensee to employ a person under the age of nineteen 
(19) years to manufacture, sell or dispose of spirituous liquors. This 
paragraph does not prohibit the employment by an on-sale retailer of a 
person under the age of nineteen (19) years who cleans up the tables on 
the premises for reuse, removes dirty dishes, keeps a ready supply of 
needed items and helps clean up the premises.
    11. For an on-sale retailer to employ a person under the age of 
nineteen (19) years in any capacity connected with the handling of 
spirituous liquors. This paragraph does not prohibit the employment by 
an on-sale retailer of a person under the age of nineteen (19) years 
who cleans up the tables on the premises for reuse, removes dirty 
dishes, keeps a ready supply of needed items and helps clean up the 
premises.
    12. For a licensee, when engaged in waiting on or serving 
customers, to consume spirituous liquor or remain on or about the 
premises while in an intoxicated or disorderly condition.
    13. For an employee of a licensee, during that employee's working 
hours or in connection with such employment, to give to or purchase for 
any other person, accept a gift of, purchase for himself or consume 
spirituous liquor.
    14. For a licensee or other person to serve, sell or furnish 
spirituous liquor to an intoxicated or disorderly person, or for a 
licensee or employee of the licensee to allow or permit an intoxicated 
or disorderly person to come into or remain in or about the premises.
    15. For an on-sale or off-sale retailer or an employee of such 
retailer to sell, dispose of, deliver or give spirituous liquor to a 
person between the hours of 2 a.m. and 6 a.m. on weekdays, and 2 a.m. 
and 10 a.m. on Sundays.
    16. For a licensee or employee to knowingly permit any person on or 
about the licensed premises to give or furnish any spirituous liquor to 
any person under the age of twenty-one (21) or knowingly permit any 
person under the age of twenty-one (21) to have in the person's 
possession spirituous liquor on the licensed premises.
    17. For an on-sale retailer or an employee of such retailer to 
allow a person to consume or possess spirituous liquors on the premises 
between the hours of 2:30 a.m. and 6 a.m. on weekdays, and 2:30 a.m. 
and 10 a.m. on Sundays.
    18. For an on-sale retail licensee to employ a person for the 
purpose of soliciting the purchase of spirituous liquors by patrons of 
the establishment for themselves, on a percentage basis or otherwise, 
and no licensee shall serve employees or allow a patron of the 
establishment to give spirituous liquor to, or to purchase liquor for 
or drink liquor with, any employee.
    19. For an on-sale retailer to sell spirituous liquors except in 
the original container, to permit spirituous liquor to be consumed on 
the premises, or to sell spirituous liquor in a container having a 
capacity of less than eight ounces, or for an on-sale retailer to sell 
spirituous liquor for consumption off the premises in the container 
having a capacity of less than eight ounces.
    20. For a person to consume spirituous liquor from a broken package 
in a public place, thoroughfare or gathering, and the license of a 
licensee permitting a violation of this paragraph on the premises shall 
be subject to revocation. This paragraph shall not apply to sale of 
spirituous liquors on the premises of and by an on-sale retail 
licensee.
    21. For a person to have possession of or to transfer spirituous 
liquor which is manufactured in a distillery, winery, brewery, or 
rectifying plant contrary to the laws of the United States and any 
property used in transporting such spirituous liquor shall be forfeited 
to the Community and shall be seized and disposed of by the Gila River 
Indian Community Police Department.
    22. For a licensee or employee to fail or refuse to make the 
premises or records available for inspection and examination as 
provided in this Ordinance or to comply with a lawful subpoena issued 
either by the State of Arizona or the Gila River Indian Community under 
state of Community law.

Chapter 5. Violations, Appeals, Effect of Suspension or Revocation of 
State License, Effective Date

    14.501 Violations. Any person or licensee who is fined under this 
Ordinance or has their license suspended or revoked may appeal such 
action to the Committee. Upon receipt of said appeal, the Committee 
shall set a date to hear the appeal. The Committee shall hear such 
evidence as the appellant, Community, and other interested parties may 
offer, and render its decision at the conclusion of such hearing.
    1. Unlawful Acts. Any person or licensee who violates any 
enumerated provision of Chapter 14.408 shall be fined Five Hundred 
Dollars ($500). In the event of multiple violations, the Committee may 
levy one fine per violation or may levy a single five hundred dollar 
($500) fine.
    2. Licensees. The Committee may revoke the license of any licensee 
who violates any provision of this ordinance.
    14.502 Appeal. The Committee's decision may be appealed to the Gila 
River Indian Community Court, provided that the appeal is duly filed 
within twenty working (20) days of the Committee's decision.
    14.503 Effect of Suspension or Revocation Of State License.
    1. All licensees shall comply with the laws of the United States 
and the State

[[Page 68076]]

of Arizona governing the manufacture and sale of spirituous liquor.
    2. Any suspension or revocation of an Arizona-issued liquor license 
shall automatically take effect against a licensee's Gila River Indian 
Community-issued license.
    3. Notwithstanding the appeal process described in Chapters 14.501 
and 14.502, no appeal shall be permitted for any Community-issued 
license suspended or revoked under Chapter 14.503(2).
    14.504 Effective Date. In accordance with 18 U.S.C. 1161 (2005), 
this Ordinance shall be effective on the date upon which, after having 
been certified by the Secretary of the Interior, it is published in the 
Federal Register.

[FR Doc. 05-22357 Filed 11-8-05; 8:45 am]
BILLING CODE 4310-4J-P