Confederated Tribes of Coos Liquor Code, 9369-9371 [E6-2590]

Download as PDF 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 VerDate Aug<31>2005 16:15 Feb 22, 2006 Jkt 205001 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). PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23FEN1.SGM 23FEN1 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. VerDate Aug<31>2005 16:15 Feb 22, 2006 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 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 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 E:\FR\FM\23FEN1.SGM 23FEN1 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. rwilkins on PROD1PC63 with NOTICES 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. VerDate Aug<31>2005 16:15 Feb 22, 2006 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. Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\23FEN1.SGM 23FEN1

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]


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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