Confederated Tribes of Coos Liquor Code, 9369-9371 [E6-2590]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
rwilkins on PROD1PC63 with NOTICES
SUPPLEMENTARY INFORMATION:
Background
The Convention on International
Trade in Endangered Species of Wild
Fauna and Flora (CITES, or Convention)
is an international treaty designed to
control and regulate international trade
in certain animal and plant species that
are now or potentially may be
threatened with extinction by
international trade. Currently, 169
countries, including the United States,
are Parties to CITES. The species for
which trade is controlled are listed in
Appendices I, II, and III of the
Convention. Appendix I includes
species threatened with extinction that
are or may be affected by international
trade. Commercial trade in Appendix-I
species is prohibited. Appendix II
includes species that, although not
necessarily threatened with extinction
at the present time, may become so
unless their trade is strictly controlled
through a system of export permits.
Appendix II also includes species that
CITES must regulate so that trade in
other listed species may be brought
under effective control (i.e., because of
similarity of appearance between listed
species and other species). Appendix III
comprises species subject to regulation
within the jurisdiction of any CITES
Party country that has requested the
cooperation of the other Parties in
regulating international trade in the
species.
American ginseng (Panax
quinquefolius) was listed in Appendix II
of CITES on July 1, 1975. The Division
of Scientific Authority and the Division
of Management Authority of the Service
regulate the export of American ginseng,
including whole plants, whole roots,
and root parts. To meet CITES
requirements for export of American
ginseng from the United States, the
Division of Scientific Authority must
determine that the export will not be
detrimental to the survival of the
species, and the Division of
Management Authority must be satisfied
that the American ginseng roots to be
exported were legally acquired.
Since the inclusion of American
ginseng in CITES Appendix II, the
Divisions of Scientific Authority and
Management Authority have issued
findings on a State-by-State basis. To
determine whether or not to approve
exports of American ginseng, the
Division of Scientific Authority has
annually reviewed available information
from various sources (other Federal
agencies, State regulatory agencies,
industry and associations,
nongovernmental organizations, and
academic researchers) on the biology
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16:15 Feb 22, 2006
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and trade status of the species. After a
thorough review, the Division of
Scientific Authority makes a nondetriment finding and the Division of
Management Authority makes a legal
acquisition finding on the export of
American ginseng to be harvested
during the year in question. From 1999
through 2004, the Division of Scientific
Authority included in its non-detriment
finding for the export of wild (including
wild-simulated and woodsgrown)
American ginseng roots an age-based
restriction (i.e., plants were required to
be at least 5 years old). In 2005, the
Division of Scientific Authority
included in its non-detriment findings
for the export of wild American ginseng
roots an age-based restriction that plants
must be at least 10 years old, and for the
export of wild-simulated and
woodsgrown American ginseng roots
that plants must be at least 5 years old.
States with harvest programs for wild
and/or artificially propagated American
ginseng are: Alabama, Arkansas,
Georgia, Idaho, Illinois, Indiana, Iowa,
Kentucky, Maine, Maryland, Michigan,
Minnesota, Missouri, New York, North
Carolina, North Dakota, Ohio, Oregon,
Pennsylvania, Tennessee, Vermont,
Virginia, Washington, West Virginia,
and Wisconsin.
Public Meeting
On Saturday, March 11, 2006, in
Sutton, West Virginia, from 10 a.m. to
3 p.m., we will hold an open public
meeting (a listening session) to hear
from people involved or interested in
American ginseng harvest and trade. We
will break for lunch from 12 p.m. to 1
p.m. We are particularly interested in
obtaining any current information on
the status of American ginseng in the
wild, and other pertinent information
that would contribute to improvements
in the CITES export program for this
species. We will discuss the Federal
regulatory framework for the export of
American ginseng and how these
regulations control the international
trade of this species. We will also
discuss the different CITES definitions
as they are applied to American ginseng
grown under different production
systems and how these systems affect
the export of American ginseng roots.
You may get directions to the meeting
locations from the Division of Scientific
Authority or the Division of
Management Authority (see FOR
FURTHER INFORMATION CONTACT or
ADDRESSES). Persons planning to attend
the March 11, 2006, meeting who
require interpretation for the hearing
impaired must notify the Division of
Scientific Authority by March 1, 2006
(see FOR FURTHER INFORMATION CONTACT).
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9369
Author
The primary author of this notice is
Pat Ford, the Division of Scientific
Authority, U.S. Fish and Wildlife
Service.
Dated: February 15, 2006.
William F. Hartwig,
Acting Director, Fish and Wildlife Service.
[FR Doc. E6–2532 Filed 2–22–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Confederated Tribes of Coos Liquor
Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Confederated Tribes of Coos, Lower
Umpqua and Siuslaw Indians Tribal
(Confederated Tribes of Coos) Liquor
Code. The Code regulates and controls
the possession, sale and consumption of
liquor within the Confederated Tribes of
Coos Indian Reservation trust land, and
other lands subject to tribal jurisdiction.
This Code allows for the possession and
sale of alcoholic beverages within the
exterior boundaries of the Confederated
Tribes of Coos Indian Reservation, and
will increase the ability of the tribal
government to control the Reservation
liquor distribution and possession. At
the same time, it 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 Code is
effective on February 23, 2006.
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, Phone 503–231–6723, Fax 503–
231–2201; 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 codes
for the purpose of regulating liquor
transactions in Indian country. The
Confederated Tribes of Coos Tribal
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9370
Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
Council adopted its Liquor Code by
Resolution No. 04–2004 on October 10,
2004. The purpose of this Code is to
govern the sale, possession and
distribution of alcohol within the
Confederated Tribes of Coos 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
Code of the Confederated Tribes of Coos
was duly adopted by the Tribal Council
on October 10, 2004.
Dated: February 16, 2006.
Debbie L. Clark,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
The Confederated Tribes of Coos
Liquor Code reads as follows:
Title 5—Regulatory Provisions; Chapter
5–1 Liquor Control
rwilkins on PROD1PC63 with NOTICES
5–1–1 Authority and Purpose
(a) The authority for this Code and its
adoption by Tribal Council is found in
the Confederated Tribes of Coos, Lower
Umpqua and Siuslaw Indians Tribal
Constitution under Article I—Section 1,
Article VI—Section 2 and the Act of
October 17, 1984, Public Law No. 98–
481, 98 Stat. 2250.
(b) This Code is for the purpose of
regulating the sale, possession and use
of alcoholic liquor on the Confederated
Tribes of Coos, Lower Umpqua and
Siuslaw Indians (Tribes) Reservation
and other lands subject to Tribal
jurisdiction.
5–1–2 Definitions
To the extent that definitions are
consistent with tribal or federal law,
terms used herein shall have the same
meaning as defined in Oregon Revised
Statutes Chapter 471 and in Oregon
Administrative Rules Chapter 845.
(a) Alcoholic Liquor shall mean any
alcoholic beverage containing more than
one-half (1⁄2) of one percent (1%)
alcohol by volume, and every liquid or
solid, patented or not, containing
alcohol and capable of being consumed
by a human being.
(b) Tribes’ Reservation shall mean all
lands held in trust by the United States
for the Tribes or their members and all
lands owned by the Tribes, wherever
located.
(c) Sell or To Sell refer to anything
forbidden by this Chapter and related to
alcoholic liquor, they include:
(1) To solicit or receive an order.
(2) To keep or expose for sale.
(3) To deliver for value or in any way
other than purely gratuitously.
(4) To peddle.
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Jkt 205001
(5) To keep with intent to sell.
(6) To traffic in.
(7) For any consideration, promise or
obtained directly or indirectly under
any pretext or by any means or procure
or allow to be procured for any other
person.
(d) Sale includes every act of selling
as defined in subsection (c) of this
section.
5–1–3 Prohibited Activity
(a) It shall be unlawful for any person
to sell, trade or manufacture any
alcoholic liquor on the Tribes’
Reservation except as provided for in
this Code.
(b) It shall be unlawful for any
business establishment or person on the
Tribes’ Reservation to possess, transport
or keep with intent to sell, barter or
trade to another any liquor, except for
those commercial liquor establishments
on the Tribes’ Reservation licensed by
the Tribes, provided, however, that a
person may transport liquor from a
licensed establishment consistent with
the terms of the license.
(c) It shall be unlawful for any person
to consume alcoholic liquor on a public
highway.
(d) It shall be unlawful for any person
to publicly consume any alcoholic
liquor at any community function, or at
or near any place of business, Indian
celebration grounds, recreational areas,
including ballparks and public camping
areas, the Tribal Headquarters area and
any other area where minors gather for
meetings or recreation, except within a
tribally licensed establishment where
alcohol is sold.
(e) It shall be unlawful for any person
under the age of twenty-one (21) years
to buy, attempt to buy or to
misrepresent their age in attempting to
buy, alcoholic liquor. It shall be
unlawful for any person under the age
of twenty-one (21) years to transport,
possess or consume any alcoholic liquor
on the Tribes’ Reservation, or to be
under the influence of alcohol or to be
at an established commercial liquor
establishment, except as authorized
under Section 5–1–5 of this Code. No
person shall sell or furnish alcoholic
liquor to any minor.
(f) Alcoholic liquor may not be given
as a prize, premium or consideration for
a lottery, contest, game of chance or
skill, or competition of any kind.
5–1–4 Procedure for License
(a) Any request for a license under
this Code must be presented to the
Tribal Council at least thirty (30) days
prior to the requested effective date.
Tribal Council shall set license
conditions at least as strict as those
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required by federal law, including at a
minimum:
(1) Liquor may only be served and
handled in a manner no less strict than
allowed under Oregon Revised Statutes
Chapter 471; and
(2) Liquor may only be served by staff
of the licensee.
(b) Council action on a license request
must be taken at a regular or special
meeting. Unless the request is for a
special event license, the Council shall
give at least fourteen (14) days’ notice of
the meeting at which the request will be
considered. Notice shall be posted at the
Tribal Council offices and at the
establishment requesting the license,
and will be sent by Certified Mail to the
Oregon Liquor Control Commission.
5–1–5 Sale or Service of Liquor by
Licensee’s Minor Employees
(a) The holder of a license issued
under this Code or Oregon Revised
Statutes Chapter 472 may employ
persons eighteen (18), nineteen (19) and
twenty (20) years of age who may take
orders for, serve and sell alcoholic
liquor in any part of the licensed
premises when that activity is
incidental to the serving of food except
in those areas classified by the Oregon
Liquor Control Commission as being
prohibited to the use of minors.
However, no person who is eighteen
(18), nineteen (19) or twenty (20) years
of age shall be permitted to mix, pour
or draw alcoholic liquor except when
pouring is done as a service to the
patron at the patron’s table or drawing
is done in a portion of the premises not
prohibited to minors.
(b) Except as stated in this section, it
shall be unlawful to hire any person to
work in connection with the sale and
service of alcoholic beverages in a
tribally licensed liquor establishment if
such person is under the age of twentyone (21) years.
5–1–6 Warning Signs Required
(a) Any person in possession of a
valid retail liquor license, who sells
liquor by the drink for consumption on
the premises or sells for consumption
off the premises, shall post a sign
informing the public of the effects and
risks of alcohol consumption during
pregnancy.
(b) The sign shall:
(1) Contain the message: ‘‘Pregnancy
and alcohol do not mix. Drinking
alcoholic beverages, including wine,
coolers and beer, during pregnancy can
cause birth defects.’’
(2) Be either:
(A) A large sign, no smaller than eight
and one-half (81⁄2) inches by eleven (11)
inches in size with lettering no smaller
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
than five-eighths of an inch (5⁄8) in
height; or
(B) A reduced sign, five (5) by seven
(7) inches in size with lettering of the
same proportion as the large sign
described in paragraph (i) of this
subsection.
(3) Contain a graphic depiction of the
message to assist nonreaders in
understanding the message. The
depiction of a pregnant female shall be
universal and shall not reflect a specific
race or culture.
(4) Be in English unless a significant
number of the patrons of the retail
premises use a language other than
English as a primary language. In such
cases, the sign shall be worded both in
English and the primary language or
languages of the patrons.
(5) Be displayed on the premises of all
licensed retail liquor premises as either
a large sign at the point of entry, or a
reduced sized sign at points of sale.
(c) The person described in paragraph
(a) of this section shall also post signs
of any size at places where alcoholic
beverages are displayed.
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5–1–7 Civil Penalty
(a) Any person who violates the
provisions of this Code is deemed to
have consented to the jurisdiction of the
Tribal Court and may be subject to a
civil penalty in Tribal Court for a civil
infraction. Such civil penalty shall not
exceed the sum of one thousand dollars
($1,000) for each such infraction,
provided, however, that the penalty
shall not exceed five thousand dollars
($5,000) if it involves minors.
(b) The procedures governing the
adjudication in Tribal Court of such
civil infractions shall be those set out in
the Trial Court rules.
(c) The Tribal Council hereby
specifically finds that such civil
penalties are reasonably necessary and
are related to the expense of
governmental administration necessary
in maintaining law and order and public
safety on the Reservation and in
managing, protecting and developing
the natural resources on the
Reservation. It is the legislative intent of
the Tribal Council that all violations of
this Chapter, whether committed by
tribal members, non-member Indians or
non-Indians, be considered civil in
nature rather than criminal.
5–1–8 Severability
If a court of competent jurisdiction
finds any provision of this Code to be
invalid or illegal under applicable
Federal or Tribal law, such provision
shall be severed from this Code and the
remainder of this Code shall remain in
full force and effect.
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Jkt 205001
5–1–9
Consistency With State Law
The Tribes agree to perform in the
same manner as any other Oregon
business entity for the purpose of liquor
licensing and regulations, including but
not limited to licensing, compliance
with the regulations of the Oregon
Liquor Control Commission,
maintenance of liquor liability
insurance, which is incorporated as if
specifically set forth herein, as it may be
amended from time to time.
5–1–10
Effective Date
(a) This Code shall be effective upon
publication in the Federal Register after
approval by the Secretary of the Interior
or his designee.
(b) Tribal Council may adopt
amendments to this Code and those
amendments shall be effective upon
publication in the Federal Register after
approval by the Secretary of the Interior
or his designee.
[FR Doc. E6–2590 Filed 2–22–06; 8:45 am]
BILLING CODE 4310–4J–P
Bureau of Indian Affairs
Advisory Board for Exceptional
Children; Correction
Bureau of Indian Affairs,
Interior.
ACTION:
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[OR–130–1020–PH; GP6–0078]
Notice of Public Meeting, Eastern
Washington Resource Advisory
Council Meeting
Bureau of Land Management,
U.S. Department of the Interior.
ACTION: Notice of public meeting.
AGENCY:
SUMMARY: In accordance with the
Federal Land Policy and Management
Act and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management Eastern Washington
Resource Advisory Council will meet as
indicated below.
DATES: The Eastern Washington
Resource Advisory Council will meet
Friday, March 31, 2006 at the Spokane
District Office, Bureau of Land
Management, 1103 North Fancher Road,
Spokane Valley, Washington 99212–
1275.
The
meeting will start at 8:30 a.m. and
adjourn at 4 p.m. Topics on the meeting
agenda include: District
accomplishments 2005 and Focus for
2006, update on land exchanges, Forest
Health and Stewardship, BLM/USFS
Service First, District priorities and
workforce planning. The meeting is
open to the public, with an opportunity
for public comment between 11:45 a.m.
and 12:15 p.m. Information to be
distributed to Council members for their
review should be submitted, in writing,
to the Spokane District Office prior to
March 31.
FOR FURTHER INFORMATION CONTACT:
Sandra Gourdin or Kathy Helm, Bureau
of Land Management, Spokane District
Office, 1103 N. Fancher Road, Spokane
Valley, Washington 99212, or call (509)
536–1200.
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF THE INTERIOR
AGENCY:
9371
Notice of correction.
SUMMARY: This document corrects the
notice that was published in the Federal
Register on February 15, 2006, 71 FR
8309, as follows:
Correction
On page 8309, in the third column
under the ADDRESSES section, in the first
sentence the city of the meeting place
was incorrectly stated. The sentence is
corrected to read ‘‘The meetings will be
held at the Francisco Grande Hotel and
Golf Resort, 26000 West Gila Bend
Highway, Casa Grande, Arizona.’’
FOR FURTHER INFORMATION CONTACT:
Dated February 16, 2006.
Gary J. Yeager,
Acting District Manager.
[FR Doc. E6–2562 Filed 2–22–06; 8:45 am]
BILLING CODE 4310–33–P
Lynann Barbero, (505) 248–7528.
DEPARTMENT OF THE INTERIOR
Dated: February 16, 2006.
Debbie L. Clark,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
[FR Doc. E6–2573 Filed 2–22–06; 8:45 am]
Minerals Management Service
BILLING CODE 4310–6W–P
PO 00000
Environmental Documents Prepared
for Proposed Oil and Gas Operations
on the Gulf of Mexico Outer
Continental Shelf (OCS)
AGENCY:
Minerals Management Service,
Interior.
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]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Notices]
[Pages 9369-9371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-2590]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Confederated Tribes of Coos Liquor Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Confederated Tribes of Coos, Lower
Umpqua and Siuslaw Indians Tribal (Confederated Tribes of Coos) Liquor
Code. The Code regulates and controls the possession, sale and
consumption of liquor within the Confederated Tribes of Coos Indian
Reservation trust land, and other lands subject to tribal jurisdiction.
This Code allows for the possession and sale of alcoholic beverages
within the exterior boundaries of the Confederated Tribes of Coos
Indian Reservation, and will increase the ability of the tribal
government to control the Reservation liquor distribution and
possession. At the same time, it 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 Code is effective on February 23, 2006.
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, Phone 503-231-
6723, Fax 503-231-2201; 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 codes for the purpose of regulating liquor
transactions in Indian country. The Confederated Tribes of Coos Tribal
[[Page 9370]]
Council adopted its Liquor Code by Resolution No. 04-2004 on October
10, 2004. The purpose of this Code is to govern the sale, possession
and distribution of alcohol within the Confederated Tribes of Coos
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 Code of the
Confederated Tribes of Coos was duly adopted by the Tribal Council on
October 10, 2004.
Dated: February 16, 2006.
Debbie L. Clark,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Confederated Tribes of Coos Liquor Code reads as follows:
Title 5--Regulatory Provisions; Chapter 5-1 Liquor Control
5-1-1 Authority and Purpose
(a) The authority for this Code and its adoption by Tribal Council
is found in the Confederated Tribes of Coos, Lower Umpqua and Siuslaw
Indians Tribal Constitution under Article I--Section 1, Article VI--
Section 2 and the Act of October 17, 1984, Public Law No. 98-481, 98
Stat. 2250.
(b) This Code is for the purpose of regulating the sale, possession
and use of alcoholic liquor on the Confederated Tribes of Coos, Lower
Umpqua and Siuslaw Indians (Tribes) Reservation and other lands subject
to Tribal jurisdiction.
5-1-2 Definitions
To the extent that definitions are consistent with tribal or
federal law, terms used herein shall have the same meaning as defined
in Oregon Revised Statutes Chapter 471 and in Oregon Administrative
Rules Chapter 845.
(a) Alcoholic Liquor shall mean any alcoholic beverage containing
more than one-half (\1/2\) of one percent (1%) alcohol by volume, and
every liquid or solid, patented or not, containing alcohol and capable
of being consumed by a human being.
(b) Tribes' Reservation shall mean all lands held in trust by the
United States for the Tribes or their members and all lands owned by
the Tribes, wherever located.
(c) Sell or To Sell refer to anything forbidden by this Chapter and
related to alcoholic liquor, they include:
(1) To solicit or receive an order.
(2) To keep or expose for sale.
(3) To deliver for value or in any way other than purely
gratuitously.
(4) To peddle.
(5) To keep with intent to sell.
(6) To traffic in.
(7) For any consideration, promise or obtained directly or
indirectly under any pretext or by any means or procure or allow to be
procured for any other person.
(d) Sale includes every act of selling as defined in subsection (c)
of this section.
5-1-3 Prohibited Activity
(a) It shall be unlawful for any person to sell, trade or
manufacture any alcoholic liquor on the Tribes' Reservation except as
provided for in this Code.
(b) It shall be unlawful for any business establishment or person
on the Tribes' Reservation to possess, transport or keep with intent to
sell, barter or trade to another any liquor, except for those
commercial liquor establishments on the Tribes' Reservation licensed by
the Tribes, provided, however, that a person may transport liquor from
a licensed establishment consistent with the terms of the license.
(c) It shall be unlawful for any person to consume alcoholic liquor
on a public highway.
(d) It shall be unlawful for any person to publicly consume any
alcoholic liquor at any community function, or at or near any place of
business, Indian celebration grounds, recreational areas, including
ballparks and public camping areas, the Tribal Headquarters area and
any other area where minors gather for meetings or recreation, except
within a tribally licensed establishment where alcohol is sold.
(e) It shall be unlawful for any person under the age of twenty-one
(21) years to buy, attempt to buy or to misrepresent their age in
attempting to buy, alcoholic liquor. It shall be unlawful for any
person under the age of twenty-one (21) years to transport, possess or
consume any alcoholic liquor on the Tribes' Reservation, or to be under
the influence of alcohol or to be at an established commercial liquor
establishment, except as authorized under Section 5-1-5 of this Code.
No person shall sell or furnish alcoholic liquor to any minor.
(f) Alcoholic liquor may not be given as a prize, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
5-1-4 Procedure for License
(a) Any request for a license under this Code must be presented to
the Tribal Council at least thirty (30) days prior to the requested
effective date. Tribal Council shall set license conditions at least as
strict as those required by federal law, including at a minimum:
(1) Liquor may only be served and handled in a manner no less
strict than allowed under Oregon Revised Statutes Chapter 471; and
(2) Liquor may only be served by staff of the licensee.
(b) Council action on a license request must be taken at a regular
or special meeting. Unless the request is for a special event license,
the Council shall give at least fourteen (14) days' notice of the
meeting at which the request will be considered. Notice shall be posted
at the Tribal Council offices and at the establishment requesting the
license, and will be sent by Certified Mail to the Oregon Liquor
Control Commission.
5-1-5 Sale or Service of Liquor by Licensee's Minor Employees
(a) The holder of a license issued under this Code or Oregon
Revised Statutes Chapter 472 may employ persons eighteen (18), nineteen
(19) and twenty (20) years of age who may take orders for, serve and
sell alcoholic liquor in any part of the licensed premises when that
activity is incidental to the serving of food except in those areas
classified by the Oregon Liquor Control Commission as being prohibited
to the use of minors. However, no person who is eighteen (18), nineteen
(19) or twenty (20) years of age shall be permitted to mix, pour or
draw alcoholic liquor except when pouring is done as a service to the
patron at the patron's table or drawing is done in a portion of the
premises not prohibited to minors.
(b) Except as stated in this section, it shall be unlawful to hire
any person to work in connection with the sale and service of alcoholic
beverages in a tribally licensed liquor establishment if such person is
under the age of twenty-one (21) years.
5-1-6 Warning Signs Required
(a) Any person in possession of a valid retail liquor license, who
sells liquor by the drink for consumption on the premises or sells for
consumption off the premises, shall post a sign informing the public of
the effects and risks of alcohol consumption during pregnancy.
(b) The sign shall:
(1) Contain the message: ``Pregnancy and alcohol do not mix.
Drinking alcoholic beverages, including wine, coolers and beer, during
pregnancy can cause birth defects.''
(2) Be either:
(A) A large sign, no smaller than eight and one-half (8\1/2\)
inches by eleven (11) inches in size with lettering no smaller
[[Page 9371]]
than five-eighths of an inch (\5/8\) in height; or
(B) A reduced sign, five (5) by seven (7) inches in size with
lettering of the same proportion as the large sign described in
paragraph (i) of this subsection.
(3) Contain a graphic depiction of the message to assist nonreaders
in understanding the message. The depiction of a pregnant female shall
be universal and shall not reflect a specific race or culture.
(4) Be in English unless a significant number of the patrons of the
retail premises use a language other than English as a primary
language. In such cases, the sign shall be worded both in English and
the primary language or languages of the patrons.
(5) Be displayed on the premises of all licensed retail liquor
premises as either a large sign at the point of entry, or a reduced
sized sign at points of sale.
(c) The person described in paragraph (a) of this section shall
also post signs of any size at places where alcoholic beverages are
displayed.
5-1-7 Civil Penalty
(a) Any person who violates the provisions of this Code is deemed
to have consented to the jurisdiction of the Tribal Court and may be
subject to a civil penalty in Tribal Court for a civil infraction. Such
civil penalty shall not exceed the sum of one thousand dollars ($1,000)
for each such infraction, provided, however, that the penalty shall not
exceed five thousand dollars ($5,000) if it involves minors.
(b) The procedures governing the adjudication in Tribal Court of
such civil infractions shall be those set out in the Trial Court rules.
(c) The Tribal Council hereby specifically finds that such civil
penalties are reasonably necessary and are related to the expense of
governmental administration necessary in maintaining law and order and
public safety on the Reservation and in managing, protecting and
developing the natural resources on the Reservation. It is the
legislative intent of the Tribal Council that all violations of this
Chapter, whether committed by tribal members, non-member Indians or
non-Indians, be considered civil in nature rather than criminal.
5-1-8 Severability
If a court of competent jurisdiction finds any provision of this
Code to be invalid or illegal under applicable Federal or Tribal law,
such provision shall be severed from this Code and the remainder of
this Code shall remain in full force and effect.
5-1-9 Consistency With State Law
The Tribes agree to perform in the same manner as any other Oregon
business entity for the purpose of liquor licensing and regulations,
including but not limited to licensing, compliance with the regulations
of the Oregon Liquor Control Commission, maintenance of liquor
liability insurance, which is incorporated as if specifically set forth
herein, as it may be amended from time to time.
5-1-10 Effective Date
(a) This Code shall be effective upon publication in the Federal
Register after approval by the Secretary of the Interior or his
designee.
(b) Tribal Council may adopt amendments to this Code and those
amendments shall be effective upon publication in the Federal Register
after approval by the Secretary of the Interior or his designee.
[FR Doc. E6-2590 Filed 2-22-06; 8:45 am]
BILLING CODE 4310-4J-P
