Buena Vista Rancheria of Me-Wuk Indians Liquor Control Ordinance, 15713-15716 [E7-5962]

Agencies

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

[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15713-15716]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5962]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Buena Vista Rancheria of Me-Wuk Indians Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Buena Vista Rancheria of Me-Wuk 
Indians Liquor Control Ordinance. The Ordinance regulates and controls 
the possession, sale and consumption of liquor within the Buena Vista 
Rancheria of Me-Wuk Indian's tribal land. The tribal land is located on 
trust land and this Ordinance allows for the possession and sale of 
alcoholic beverages within the exterior boundaries. This Ordinance will 
increase the ability of the tribal government to control the 
distribution and possession of liquor within their tribal land 
strengthen the tribal government. At the same time, it will provide an 
important source of revenue and the improve delivery of tribal 
services.

DATES: Effective Date: This Ordinance is effective April 2, 2007.

FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations 
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA 
95825, Telephone (916) 978-6067; or Ralph Gonzales, Office of Tribal 
Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; 
Telephone (202) 513-7629; Fax (202) 208-5113.

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 Buena Vista Rancheria of Me-Wuk 
Indians Tribal Council adopted this Liquor Control Ordinance by 
Resolution No. 06-0017 on September 13, 2006. The purpose of this 
Ordinance is to govern the sale, possession and distribution of alcohol 
within the Buena Vista Rancheria of Me-Wuk Indians Tribal land.
    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 Control Ordinance 
of the Buena Vista Rancheria of Me-Wuk Indians was duly adopted by the 
Tribal Council on September 13, 2006.

    Dated: March 22, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.

    The Buena Vista Rancheria of Me-Wuk Indians Liquor Control 
Ordinance reads as follows:

Liquor Ordinance of the Buena Vista Rancheria of Me-Wuk Indians 
Ordinance No. 05-0001

Chapter I--Introduction

    Section 1.1. Title. This ordinance shall be known as the ``Liquor 
Ordinance of the Buena Vista Rancheria of Me-Wuk Indians.''
    Section 1.2. Authority. This ordinance is enacted pursuant to the 
Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) 
and the Constitution of the Buena Vista Rancheria of Me-Wuk Indians 
(``Buena Vista Constitution'').
    Section 1.3. Purpose. The purpose of this ordinance is to regulate 
and control the possession and sale of liquor on the Buena Vista 
Rancheria of Me-Wuk Indians (``Buena Vista Rancheria'' or ``Tribe''). 
The enactment of a tribal ordinance governing liquor possession and 
sale on the Rancheria Land will increase the ability of the Tribal 
government to control Tribal 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 the tribal government services.

Chapter II--Definitions

    Section 2.1. As used in this ordinance, the following words shall 
have the following meanings unless the context clearly requires 
otherwise.
    Section 2.2. ``Alcohol'' means that substance known as ethyl 
alcohol, hydrated oxide of etyhl, or spirit of wine which is commonly 
produced by the fermentation or distillation of grain, starch, 
molasses, or sugar, or other substances including all dilution of this 
substance.
    Section 2.3. ``Alcoholic Beverage'' is synonymous with the term 
``Liquor'' as defined in Section 2.7 of this Chapter.
    Section 2.4. ``Bar'' means any establishment with special space and 
accommodations for sale by the glass, can or bottle and for consumption 
on the licensed premises of liquor, as herein defined.
    Section 2.5. ``Beer'' means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops and pure barley malt or other wholesome grain of cereal in pure 
water containing not more than four percent of alcohol by volume. For 
the purposes of this section, any such beverage, including ale, stout, 
and porter, containing more than four percent of alcohol by weight 
shall be referred to as ``strong beer.''
    Section 2.6. ``Licensed Premises'' means any store at which liquor 
is sold and, for the purposes of this ordinance, includes stores only a 
portion of which are devoted to sale of liquor or beer, any bar, or any 
public place designated by the Tribe as a licensed premises for the 
sale of alcoholic beverages.
    Section 2.7. ``Liquor'' includes the four varieties of liquor 
herein defined (alcohol, spirits, wine and beer), and all fermented 
spirituous, vinous, or malt liquor or combination thereof, and mixed 
liquor, or otherwise intoxicating; and every liquor or solid or 
semisolid or other substance, patented or not, containing alcohol, 
spirits, wine and beer, and all drinks or drinkable liquids and all 
preparations or mixtures capable of all human consumption and any 
liquid, semisolid, solid, or other substances, which contain more than 
one percent of alcohol by weight shall be conclusively deemed to be 
intoxicating.
    Section 2.8. ``Malt Liquor'' means beer, strong beer, ale stout, 
and porter.
    Section 2.9. ``Package'' means any container or receptacle used for 
holding liquor.
    Section 2.10. ``Public Place'' includes tribal roads; buildings and 
grounds used for school purposes; public dance halls and grounds 
adjacent thereto; soft drink establishment, public buildings, public 
meeting halls, lobbies, halls and dining room of hotels, restaurants, 
theater, gaming facilities, entertainment centers, store garages, and 
filing stations which are open to and/or are generally used by the 
public and to which the public is permitted to have unrestricted 
access; public conveyances of all kinds of character; and all other 
places of like or similar nature to which the general public has 
unrestricted right to access, and which are generally used by the 
public. For the purposes of this ordinance, ``Public Place'' shall also 
include any premises other than a single family home which is designed 
for or

[[Page 15714]]

may be used by more than just the owner of the establishment.
    Section 2.11. ``Rancheria Land'' means aboriginal land of the Tribe 
consisting of approximately 67 acres located at 4650 Coal Mine Road in 
Ione, California (see also Section 2.15, Tribal Land).
    Section 2.12. ``Sale'' and ``Sell'' include exchange, barter, and 
traffic; and also include the selling or supplying or distributing by 
any means whatsoever, or liquor, or of any liquid known or described as 
beer or by any name whatsoever commonly used to describe malt or brewed 
liquor or wine by any person to any person.
    Section 2.13. ``Spirits'' mean any beverage, which contains alcohol 
obtained by distillation, including wines exceeding 17 percent (17%) of 
alcohol by weight.
    Section 2.14. ``Tribal Council'' means the Tribal Council of the 
Buena Vista Rancheria of Me-Wuk Indians.
    Section 2.15. ``Tribal Land'' means any land within the exterior 
boundaries of the Rancheria Land which is either held by the Tribe or 
held in trust by the United States for the Tribe as a whole, including 
such land leased to other parties.
    Section 2.16. ``Tribe'' means the Buena Vista Rancheria of Me-Wuk 
Indians, a federally recognized Indian tribe.
    Section 2.17. ``Wine'' means any alcoholic beverage obtained by 
fermentation of fruits (grapes, berries, apples, etc.) or other 
agricultural product containing sugar, to which any saccharine 
substances may have been added before, during or after fermentation, 
containing not more than 17 percent of alcohol by weight, including 
sweet wines fortified with wine spirits such as port, sherry, muscatel, 
and angelica, not exceeding 17 percent of alcohol by weight.
    Section 2.18. ``Trust Account'' means the account designated by the 
Tribal Council for deposit of proceeds from the tax from the sale of 
alcoholic beverages.
    Section 2.19. ``Trust Agent'' means the Tribal Chairperson or 
designee of the Chairperson.

Chapter III--Powers of Enforcement

    Section 3.1. Powers. The Tribal Council, in furtherance of this 
ordinance, shall have the following powers and duties:
    (a) To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of alcoholic beverages on the 
Rancheria Land;
    (b) To employ managers, accountants, security personnel, 
inspectors, and such other persons as shall be reasonably necessary to 
allow the Tribal Council to perform its functions:
    (c) To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Rancheria Land;
    (d) To hold hearings on violations of this ordinance or for the 
issuance or revocation of licenses hereunder;
    (e) To bring suit in the appropriate court to enforce this 
ordinance as necessary;
    (f) To determine and seek damages for violation of this ordinance;
    (g) To make such reports as it deems necessary to inform Tribal 
members; and
    (h) To collect taxes and fees levied or set by the Tribal Council 
and to keep accurate records, books, and accounts.
    Section 3.2. Limitation on Powers. In the exercise of its powers 
and duties under this ordinance, the Tribal Council and its individual 
members shall not accept any gratuity, compensation or other thing of 
value from any liquor wholesaler, retailer, or distributor or from any 
licensee.
    Section 3.3. Inspection Rights. The licensed premises on which 
liquor is sold or distributed shall be open for inspection by the 
Tribal Council or its designee at all reasonable times for the purposes 
of ascertaining whether the rules and regulations of this ordinance are 
being compiled with.

Chapter IV--Sales of Liquor

    Section 4.1. Licenses Required. No sales of alcoholic beverages 
shall be made on Tribal Land, except at a licensed premises.
    Section 4.2. Sales Only on Tribal Land. All liquor sales within the 
exterior boundaries of the Rancheria Land shall be on Tribal Land, 
including leases thereon.
    Section 4.3. Sales for Cash. All liquor sales on Tribal Land shall 
be on a cash-only basis and no credit shall be extended to any person, 
organization, or entity, except that this provision does not prevent 
the use of major credit cards such as Visa, American Express, etcetera.
    Section 4.4. Sales for Personal Consumption. All liquor sales shall 
be for the personal use and consumption of the purchaser. Resale of any 
alcoholic beverage purchased on Tribal Land is prohibited. Any person 
who is not licensed pursuant to this ordinance and who purchases an 
alcoholic beverage on Tribal Land and sells it, whether in the original 
container or not, shall be guilty of a violation of this ordinance and 
shall be subject to penalties as set forth herein.

Chapter V--Licensing

    Section 5.1. Application for Tribal Liquor License Requirements. No 
Tribal license shall be issued under this ordinance except upon a sworn 
application filed with the Tribal Council containing a full and 
complete showing of the following:
    (a) Satisfactory proof that the applicant is or will be duly 
licensed by the State of California.
    (b) Satisfactory proof that the applicant is of good character and 
reputation among the people of the Tribe and that the applicant is 
financially responsible.
    (c) A description of the premises on which the intoxicating 
beverages are to be sold and proof that the applicant is the owner or 
lessee of such premises for at least the term of the license.
    (d) An agreement by the applicant to accept and abide by all 
conditions of the Tribal license.
    (e) Payment of three hundred fifty dollar ($350.00) fee as 
prescribed by the Tribal Council.
    (f) Satisfactory proof that neither the applicant nor the 
applicant's spouse has ever been convicted of a felony.
    (g) Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where 
intoxicating beverages are to be sold for at least thirty (30) days 
prior to consideration by the Tribal Council, and that the notice has 
been published at least twice in a local newspaper, authorized by the 
Tribal Chairperson or Secretary, which serves the community that may be 
affected by the license. The notice shall state the date, time and 
place when the application shall be considered by the Tribal Council 
pursuant to Section 5.2 of this ordinance.
    Section 5.2. Hearing on Application for Tribal Liquor License. All 
applications for a Tribal liquor license shall be considered by the 
Tribal Council in open session at which the applicant, his attorney, 
and any person protesting the application shall have the right to be 
present, and to offer sworn oral or documentary evidence relevant to 
the application. After the hearing, the Tribal Council shall determine 
whether to grant or deny the application based on:
    (1) Whether the requirements of Section 5.1 have been met; and
    (2) Whether the Tribal Council, in its discretion, determines that 
granting the license is in the best interests of the Tribe.
    In the event that the applicant is a member of the Tribal Council, 
or a member of the immediate family of a

[[Page 15715]]

Tribal Council member, such member shall not vote on the application or 
participate in the hearing as a Tribal Council member.
    Section 5.3. Temporary Permits. The Tribal Council or its designee 
may grant a temporary permit for the sale of alcoholic beverages for a 
period not to exceed three (3) days to any person applying for the same 
in connection with a Tribal or community activity, provided, that the 
condition prescribed in Section 5.4 of this ordinance shall be observed 
by the permittee. Each permit issued shall specify the types of 
alcoholic beverages to be sold. Further, a fee of thirty-five dollars 
($35.00) will be assessed on temporary permits.
    Section 5.4. Conditions of the Tribal License. Any Tribal license 
issued under this title shall be subject to such reasonable conditions 
as the Tribal Council shall fix, including, but not limited to the 
following:
    (a) The license shall be for a term not to exceed one (1) year.
    (b) The license shall at all times maintain an orderly, clean and 
neat establishment, both inside and outside licensed premises.
    (c) The State of California shall have jurisdiction over offenses 
and civil causes of action committed in the licensed premises to the 
same extent that it has jurisdiction over offenses and civil causes of 
action committed elsewhere within California, and California criminal 
laws, and civil laws of general applicability to private persons or 
private property, shall have the same force and effect on the licensed 
premises as they have elsewhere in California.
    (d) The licensed premises shall be subject to patrol by the Tribal 
enforcement department, and such other law enforcement officials as may 
be authorized under federal, California, or Tribal law.
    (e) The licensed premises shall be open to inspection by duly 
authorized Tribal officials at all times during the regular business 
hours.
    (f) Subject to the provisions of subsection (g) of this section, no 
alcoholic beverages shall be sold, served, disposed of, delivered or 
consumed on the licensed premises except in conformity with the hours 
and days prescribed by the laws of the State of California, and the 
licensed premises shall not operate or open earlier or operate or close 
later than is permitted by the laws of the State of California.
    (g) No liquor shall be sold within two hundred (200) feet of a 
polling place on Tribal election days or when a referendum is held of 
the people of the Tribe, or at prescribed locations on special days of 
observation as designation by the Tribal Council.
    (h) All acts and transactions under the authority of the Tribal 
liquor license shall be in conformity with the laws of the State of 
California, and shall be in accordance with this ordinance and any 
Tribal license issued pursuant to this ordinance.
    (i) No person under the age permitted under the laws of the State 
of California shall be sold, served, delivered, given, or allowed to 
consume alcoholic beverages in the licensed establishment under and/or 
area.
    (j) There shall be no discrimination in any operations under a 
Tribal license by reason of race, color, or creed.
    Section 5.5. License Not a Property. Notwithstanding any other 
provision of this ordinance, a Tribal liquor license is a mere permit 
for a fixed duration of time. A Tribal liquor license shall not be 
deemed a property right or a vested right of any kind, nor shall the 
granting of a Tribal liquor license give rise to a presumption of legal 
entitlement to the granting of such license for a subsequent time 
period.
    Section 5.6. Assignment or Transfer. No Tribal license issued under 
this ordinance shall be assigned or transferred without the written 
approval of the Tribal Council, expressed by formal resolution.

Chapter VI--Rules, Regulations, and Enforcement

    Section 6.1. Sales or Possession With Intent to Sell Without a 
License. Any person who sells or offers for sale or distributes or 
transports in any manner, any liquor in violation of this ordinance, or 
who operates or possesses liquor with intent to sell or distribute 
without a Tribal liquor license, shall be guilty of a violation of this 
ordinance.
    Section 6.2. Purchases From Non-Licensed Premises. Any person who 
buys liquor on Tribal Land from any person at premises that are not 
properly licensed shall be guilty of a violation of this ordinance.
    Section 6.3. Sales to Intoxicated Persons. Any person who knowingly 
sells liquor to a person under the influence of alcoholic beverages to 
the extent that control of the person's faculties is impaired shall be 
guilty of a violation of this ordinance.
    Section 6.4. Consuming Liquor in Public Conveyance. Any person 
engaged wholly or in part in the public conveyance business of carrying 
passengers for hire, and every agent, servant or employee or such 
person, who knowingly permits any person to drink any liquor in any 
vehicle that carries passengers for hire, while such vehicle is on 
Tribal land, shall be guilty of a violation of this ordinance. Any 
person who drinks any liquor in any vehicle that carries passengers for 
hire, while such vehicle is on Tribal land, shall be guilty of a 
violation of this ordinance.
    Section 6.5. Consumption or Possession of Liquor by Persons Under 
21 Years of Age. No person under the age of twenty-one (21) years in 
any licensed premises shall consume, acquire or have in his possession 
any alcoholic beverage. No person shall permit any other person under 
the age of twenty-one (21) to consume liquor on any licensed premises 
under his/her control. Any person violating this section shall be 
guilty of a separate violation of this ordinance for each and every 
alcoholic beverage so consumed, acquired or possessed.
    Section 6.6. Sales of Liquor to Persons Under 21 Years of Age. Any 
person who sells or provides liquor to any person under the age of 
twenty-one (21) years in any licensed premises shall be guilty of a 
violation of this ordinance for each and every sale or alcoholic 
beverage provided.
    Section 6.7. Transfer of Identification to Persons Under 21 Years 
of Age. Any person who transfers, in any manner, an identification of 
age to any person under the age of twenty-one (21) years for the 
purpose of permitting such underage person to obtain liquor from a 
licensed premises shall be guilty of an offense, provided, that 
corroborative testimony of a witness other than the underage person 
shall be a requirement of finding a violation of this ordinance.
    Section 6.8. Use of False or Altered Identification. Any person who 
attempts to purchase an alcoholic beverage at any licensed premises 
through the use of false or altered identification, which falsely 
purports to show the person to be over the age of twenty-one (21) 
years, shall be guilty of violating this ordinance.
    Section 6.9. Violations of This Ordinance. Any person found guilty 
of a violation of this ordinance shall be subject to a penalty not to 
exceed five-hundred dollars ($500.00) per violation, payable to the 
Tribe as civil damages to defray the Tribe's cost of enforcement of 
this ordinance. In addition to any penalties so imposed, any license 
issued hereunder may be suspended or revoked by the Tribal Council 
after ten (10) days notice to the licensee. Any decisions of the Tribal 
Council regarding the enforcement of this ordinance are final.
    Section 6.10. Acceptable Identification. Where there is a question 
as to whether a person is a lawful age to purchase liquor, that person 
shall be

[[Page 15716]]

required to present any one of the following forms of identification, 
which is effective and shows the person's correct age, signature and 
photograph:
    (1) Driver's license or identification card issued by any state 
within the United States of America;
    (2) United States Active Duty Military Identification card; or
    (3) Valid Passport.
    Section 6.11. Possession of Liquor Contrary to This Ordinance. 
Alcoholic beverages which are possessed contrary to the terms of this 
ordinance are declared to be contraband. Any Tribal agent, employee, or 
officer who is authorized by the Tribal Council to enforce this 
ordinance shall have the authority to seize all contraband.
    Section 6.12. Disposition of Seized Contraband. Any Tribal agent, 
employee or officer seizing contraband under Section 6.11 shall 
preserve the contraband in accordance with applicable California law. 
Any person found in violation of this ordinance by the Tribal Council 
shall forfeit all right, title and interest in the items seized, which 
shall become the property of the Tribe.

Chapter VII--Taxes

    Section 7.1. Sales Tax. There is hereby levied and shall be 
collected a tax on each sale of alcoholic beverages on Tribal Land in 
the amount of one percent (1%) of the sale price. The tax imposed by 
this section shall apply to all retail sales of liquor on Tribal Land 
and, with respect to sales by the Tribe and/or Tribal members, shall 
preempt any tax imposed on such liquor sales by the State of 
California.
    Section 7.2. Payments of Taxes to Tribe. All taxes from the sale of 
alcoholic beverages on Tribal Land shall be paid over to the trust 
agent of the Tribe.
    Section 7.3. Taxes Due. All taxes for the sale of alcoholic 
beverages on Tribal Land shall be due and owing to the Tribe within 
thirty (30) days of the end of the calendar quarter for which the taxes 
are due.
    Section 7.4. Reports. Along with payment of the taxes imposed 
herein, the taxpayer shall submit an accounting for the quarter of all 
income from the sale or distribution of alcoholic beverages, as well as 
for the taxes collected.
    Section 7.5. Audit. As a condition of obtaining a Tribal liquor 
license, the licensee must agree to a review or an audit of its books 
and records relating to the sale of alcoholic beverages on Tribal Land. 
Said review or audit may be done annually by the Tribe through its 
agents or employees whenever, in the opinion of the Tribal Council, 
such a review or audit is necessary to verify accuracy of reports.

Chapter VIII--Profits

    Section 8.1. Disposition of Proceeds. The gross proceeds collected 
by the Tribe from all licensing and taxation of the sale of alcoholic 
beverages on Tribal Land shall be used and distributed for the payment 
of all necessary personnel, administrative costs, and legal fees for 
Tribal liquor ordinance operations and activities, and the remainder 
shall be deposited in the Trust Account of the Tribe.

Chapter IX--Severability and Miscellaneous

    Section 9.1. Severability. If any provision or application of this 
ordinance is determined by review to be invalid, such determination 
shall not be held to render ineffective the remaining portions of this 
ordinance, nor shall such determination be held to render valid 
provisions of this ordinance that are inapplicable to other persons or 
circumstances.
    Section 9.2. Prior Enactments. All prior enactments of the Tribal 
Council that are inconsistent with the provisions of this ordinance are 
hereby rescinded.
    Section 9.3. Conformance with California Laws. All acts and 
``transactions'' under this ordinance shall be in conformity with the 
laws of the State of California as that term is used in 18 U.S.C. 1161.
    Section 9.4. Effective Date. This ordinance shall be effective on 
such date as the Secretary of the Interior certifies this ordinance and 
publishes the same in the Federal Register.

Chapter X--Amendment

    Section 10.1. This ordinance may only be amended by a majority vote 
of the Tribal Council.

Chapter XI--Sovereign Immunity

    Section 11.1. Nothing contained in this ordinance is intended to, 
nor does it in any way limit, alter, restrict, or waive the Tribe's 
sovereign immunity from unconsented suit or action.

Certification

    We, the undersigned duly elected official(s) of the Buena Vista 
Rancheria, do hereby certify under penalty of perjury that on September 
13, 2006, the foregoing Ordinance was adopted at a duly called meeting 
of the Tribal Council with a quorum present by a vote of: 1 for, 0 
against, and 0 abstaining.
    Rhonda L. Morningstar Pope, Date: 09/20/2006, Tribal Chairperson.
    Attested By: Monica Duran, Date: 09/20/2006, Council Support 
Secretary.

[FR Doc. E7-5962 Filed 3-30-07; 8:45 am]
BILLING CODE 4310-4J-P