Jamestown S'Klallam Amended Tribal Liquor Control Ordinance, 54604-54607 [E8-21996]
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54604
Federal Register / Vol. 73, No. 184 / Monday, September 22, 2008 / Notices
improvement of the status of listed
species to the point at which listing is
no longer required under the criteria set
out in section 4(a)(1) of the Act.
Recovery plans describe actions
necessary for the conservation and
survival of the species, establish criteria
for downlisting or delisting listed
species, and estimate time and cost for
implementing the measures needed for
recovery.
The Act requires the development of
recovery plans for endangered or
threatened species unless such a plan
would not promote the conservation of
the species. Section 4(f) of the Act
requires that public notice, and an
opportunity for public review and
comment, be provided during recovery
plan development. The U.S. Fish and
Wildlife Service (‘‘we’’) will consider all
information presented during the public
comment period on each new or revised
recovery plan.
The native prairies of western Oregon
and southwest Washington are among
the most imperiled ecosystems in the
United States. Six native prairie species
in the region—one butterfly and five
plants—have been added to the Federal
List of Endangered and Threatened
Wildlife and Plants since 1988. In this
draft recovery plan, we develop
recovery strategies and objectives for
Fender’s blue butterfly (Icaricia
icarioides fenderi), Erigeron decumbens
var. decumbens (Willamette daisy),
Lomatium bradshawii (Bradshaw’s
lomatium), Lupinus sulphureus ssp.
kincaidii (Kincaid’s lupine), Sidalcea
nelsoniana (Nelson’s checker-mallow)
and Castilleja levisecta (golden
paintbrush). When completed, this plan
will replace and supersede previously
approved recovery plans for Lomatium
bradshawii and Sidalcea nelsoniana. It
will augment, but not replace, the
existing recovery plan for Castilleja
levisecta; this new Prairie Species
Recovery Plan will provide
recommendations for the reintroduction
of Castilleja levisecta into its historical
range in the Willamette Valley,
consistent with the species’ published
recovery plan. In addition to recovery
strategies for these six listed species, the
plan will recommend conservation
strategies for one candidate species, the
Taylor’s checkerspot butterfly
(Euphydryas editha taylori), and another
six plant species of concern:
Delphinium leucophaeum (pale
larkspur), Delphinium oreganum
(Willamette Valley larkspur),
Delphinium pavonaceum (peacock
larkspur), Horkelia congesta ssp.
congesta (shaggy horkelia), Sericocarpus
rigidus (white-topped aster), and
Sisyrinchium hitchcockii (Hitchcock’s
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blue-eyed grass). All of the species
addressed in this recovery plan are
threatened by the continued
degradation, loss and fragmentation of
their native prairie ecosystems.
We developed the draft recovery plan
in coordination with the Western
Oregon and Southwestern Washington
Prairie Species Recovery Team, which
includes representatives from two
Federal agencies (U.S. Fish and Wildlife
Service and Bureau of Land
Management), two state agencies
(Washington Department of Natural
Resources and Oregon Department of
Transportation), the Confederated
Tribes of the Grande Ronde Community
of Oregon, Washington State University,
and several other experts from the
academic and private sectors.
Our recovery strategy for the species
addressed in this recovery plan is to
protect remaining fragments of upland
and wet prairie habitats and to restore
them to fully functioning prairie
ecosystems. The draft recovery plan
calls for viable populations of the listed
prairie species to be protected in a series
of recovery zones distributed across
their historical ranges. Recovery actions
will include habitat management,
restoration of historical disturbance
regimes, control of noxious nonnative
plants, carefully planned
reintroductions, population monitoring,
active research, and public involvement
and outreach. The recovery actions are
designed to ameliorate threats and
increase population sizes of Fender’s
blue butterfly, Lupinus sulphureus ssp.
kincaidii, Erigeron decumbens var.
decumbens, Lomatium bradshawii,
Sidalcea nelsoniana, and Castilleja
levisecta to achieve recovery goals,
which, if successful, may allow their
eventual delisting (removal from the
List of Endangered and Threatened
Wildlife and Plants).
The widespread loss and degradation
of prairie habitats in western Oregon
and southwestern Washington have
been responsible for the decline of many
other plant and animal species
associated with these communities. We
believe that a holistic, ecosystem
management approach to the restoration
of prairie habitats will not only
contribute to the recovery of the listed
prairie species, but will also contribute
to the protection of populations of the
associated prairie species of concern
discussed in this plan, as well as other
native prairie species.
Public Comments Solicited
We solicit written comments on the
draft recovery plan. All comments
received by the date specified above
will be considered prior to approval of
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this plan. If you wish to comment, you
may submit your comments and
materials concerning this recovery plan
by any of these methods:
1. You may submit written comments
and information by mail, facsimile or in
person to the Oregon Fish and Wildlife
Office at the above address (see
ADDRESSES).
2. You may send comments by
electronic mail (e-mail) to:
FW1PrairieRecoveryPlan@fws.gov. If
you submit comments by e-mail, please
submit them as an ASCII file and avoid
the use of special characters and any
form of encryption. Please also include
your name and return address in your
e-mail message.
Comments and materials received, as
well as supporting documentation used
in preparation of the recovery plan, will
be available for inspection, during
normal business hours at the above
Portland address (see ADDRESSES).
Public Availability of Comments
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made publicly available at any time.
While we will try to honor your written
request to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Authority: The authority for this action is
section 4(f) of the Endangered Species Act,
16 U.S.C. 1533(f).
Dated: September 3, 2008.
David J. Wesley,
Acting Regional Director, Region 1, U.S. Fish
and Wildlife Service.
[FR Doc. E8–22173 Filed 9–19–08; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Jamestown S’Klallam Amended Tribal
Liquor Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes an
amendment to the Jamestown S’Klallam
Tribal Liquor Control Ordinance
published in the Federal Register May
19, 1994. The amendment regulates and
controls the possession and
consumption of liquor within the tribal
lands. The tribal lands are located in
Indian Country and this amended
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Ordinance allows for possession of
alcoholic beverages within their
boundaries. This Ordinance will
increase the ability of the tribal
government to control liquor sales,
possession and consumption by the
community and its members.
DATES: Effective Date: This Ordinance is
effective on October 22, 2008.
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Services Officer, Northwest Regional
Office, 911 NE 11th Ave., 8th Floor,
Portland, OR 97232, Telephone: (503)
231–6723, Fax (503) 231–2189; or
Elizabeth Colliflower, Office of Indian
Services, 1849 C Street, NW., Mail Stop
4513–MIB, Washington, DC 20240,
Telephone: (202) 513–7640.
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 Jamestown S’Klallam Tribe
amended the Tribal Liquor Control
Ordinance by Resolution No. 06–08 on
February 19, 2008. The purpose of this
Ordinance is to govern the sale and
possession of alcohol within tribal lands
of the Tribe.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that the amended Jamestown
S’Klallam Tribal Liquor Control
Ordinance was duly adopted by the
Jamestown S’Klallam Tribal Council on
February 19, 2008.
Dated: September 11, 2008.
George Skibine,
Acting Deputy Assistant Secretary for Policy
and Economic Development.
The amended Jamestown S’Klallam
Tribal Liquor Control Ordinance reads
as follows:
JAMESTOWN S’KLALLAM TRIBE
AMENDED
TRIBAL LIQUOR CONTROL
ORDINANCE
PART I, POLICY AND DEFINITIONS.
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Section 1.1
Public Policy Declared.
This Ordinance shall be cited as the
‘‘Jamestown S’Klallam Tribal Liquor
Control Ordinance.’’ Under the inherent
sovereignty of the Jamestown S’Klallam
Tribe, and pursuant to the provisions of
the Tribal Constitution, Article II,
Powers of the Tribal Council, Section 1,
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Enumerated Powers, subsection (i), this
ordinance shall be deemed an exercise
of the Tribe’s power for the protection
of the welfare, health, peace, morals and
safety of the people of the Tribe. It is
further the Tribe’s policy to assure that
any transaction, importation, sale or
consumption involving an alcoholic
beverage, while within the Tribe’s
jurisdiction, shall occur in strict
compliance with this Ordinance, the
laws of the United States and where
applicable, the State of Washington.
Section 1.2 Definitions.
(a) Alcoholic Beverage: Shall mean
any intoxicating liquor, beer, or any
wine, as defined under the provisions of
this Ordinance or other applicable law.
(b) Council: Shall mean the Tribal
Council of the Jamestown S’Klallam
Tribe.
(c) Legal Age: Shall mean the age
requirements as defined in Part 11,
Section 2.1.
(d) Liquor Store: Shall mean any store
established by the Tribe for the sale of
alcoholic beverages or any entity
licensed by the Tribe to sell alcoholic
beverages.
(e) On-Site Dealer: Shall mean the
Jamestown S’Klallam Tribe or duly
authorized licensee when it sells, or
keeps for sale, any alcoholic beverage
authorized under this Ordinance for
consumption on the premises where
sold.
(f) On-Site Sale: Shall mean the sale
of any alcoholic beverage for
consumption only upon the premises
where sold.
(g) Sale: Shall mean the transfer of
any bagged, bottled, boxed, canned or
kegged alcoholic beverage, or the
serving of any contents of any bagged,
bottled, boxed, canned or kegged
alcoholic beverage by any means
whatsoever for a consideration of
currency exchange.
(h) Transaction: Shall mean any
transfer of any bagged, bottled, boxed,
canned or kegged alcoholic beverage, or
the transfer of any contents of any
bagged, bottled, boxed, canned or
kegged alcoholic beverage from any
liquor store, on-site dealer or vendor to
any person.
(i) Vendor: Shall mean any person
employed or under the supervision by
and of a liquor store or on-site dealer
who conducts sales or transactions
involving alcoholic beverages.
Section 1.3 General Prohibition.
It shall be a violation of Tribal law to
manufacture for sale, sell, offer, or keep
for sale, possess, transport or conduct
any transaction involving any alcoholic
beverage except in compliance with the
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terms, conditions, limitations and
restrictions specified in this Ordinance.
Section 1.4 Tribal Control of Alcoholic
Beverages.
The Council shall have the sole and
exclusive right to authorize the
importation of alcoholic beverages for
sale or for the purpose of conducting
transactions therewith, and no person or
organization shall so import any such
alcoholic beverage into the Jamestown
S’Klallam Indian Country, which
includes the reservation and trust lands
of the Tribe, wherever situated, unless
authorized by the Council.
Section 1.5 Community Liquor Store.
The Council may establish and
maintain anywhere within the
Jamestown S’Klallam Indian Country
that the Council may deem advisable, a
community liquor store or stores for the
sale of alcoholic beverages in
accordance with the revisions of this
Ordinance. The Council may set the
prices of alcoholic beverages sold.
Section 1.6 Community On-Site
Dealer.
The Council may establish and
maintain anywhere within the
Jamestown S’Klallam Indian Country
that the Council may deem advisable, a
community on-site dealer or dealers for
storage and on-site sale of alcoholic
beverages in accordance with the
provisions of this Ordinance. The
Council may set the prices of alcoholic
beverages sold.
Section 1.7 State of Washington
Licenses and Agreements.
The Council or operator may negotiate
an agreement or obtain a State of
Washington liquor license for any
Tribally operated establishment that
sells alcoholic beverages or conducts
transactions involving alcoholic
beverages to the extent required by
applicable law to allow the Tribe to sell
liquor in Indian Country under its
control.
Section 1.8 Disputes; Violations;
Penalties.
Any disputes or violations that arise
under this Ordinance shall be resolved
by mediation or by a suit in Tribal
Court, which shall have exclusive civil
and criminal jurisdiction for actions
brought under this Ordinance.
PART II, COMPLIANCE WITH THE
LAWS OF THE STATE OF
WASHINGTON.
Section 2.1 Applicability of State Law.
The Council and its agents shall act in
conformity with State laws regarding
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the sale of liquor to the extent required
by applicable federal law including 18
U.S.C. § 1161.
Section 2.2 Persons Under 21 Years of
Age: Restrictions.
The Council shall comply with the
State of Washington laws regarding
restrictions on those persons under the
age of 21 years in any Tribal
establishment operating pursuant to the
provisions of this Ordinance.
Section 2.3
Persons.
Restrictions on Intoxicated
No Tribally operated or licensed
establishment shall sell, give, or furnish
any alcoholic beverage or in any way
allow any alcoholic beverage to be sold,
given or furnished to a person who is
obviously intoxicated.
Section 2.4
Hours and Days of Sale.
No Tribally operated or licensed
establishment shall sell or furnish
alcoholic beverages for on-site purposes
during hours or on days not in
compliance with applicable law.
PART III, TRIBAL LICENSING AND
REGULATION.
Section 3.1
Power to License and Tax.
The power to establish Tribal licenses
and levy taxes under the provisions of
this Ordinance is vested exclusively
with the Council. If the Council enters
into any agreements with the State
regarding the sale of liquor, the
agreement shall be deemed tribal law.
Section 3.2 Tribally Owned
Establishments.
The Council can issue by resolution
an appropriate license to a Tribally
owned establishment upon determining
the site for the establishment and
obtaining the necessary licensing or
agreement from the State of Washington.
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Section 3.3
License of Retail Sales.
3.3.1 The Council shall have the
power to issue licenses to any tribal or
state chartered corporation, individual
or partnership or other entity to
undertake any sale or transaction which
the Tribe itself has the power to
undertake under this ordinance for the
sale of alcoholic beverages at a retail
store.
3.3.2 Applications for licenses shall
be submitted in the form prescribed by
the Council or its authorized employees.
The Council may, within its sole
discretion and subject to the conditions
in this Ordinance issue or refuse to
issue the license applied for upon
payment of such fee as the Council may
prescribe.
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3.3.3 Every license shall be issued in
the name of the applicant and no license
shall be transferable or assignable
without the written approval of the
Council nor shall the licensee allow any
other person or entity to use the license.
3.3.4 The Council may, for
violations of this Ordinance, suspend or
cancel any license. A license is a
privilege and no person shall have
vested rights therein. Prior to
cancellation or suspension, the Council
shall send notice of its intent to cancel
or suspend the license to the licensee.
3.3.5 No license under this
Ordinance shall be for a period longer
than one year.
Section 3.4 Regulations.
The Council may, consistent with this
ordinance, adopt regulations it deems
necessary to implement this Ordinance.
PART IV, CONSTRUCTION.
Section 4.1 Severability.
If any part of this Ordinance, or the
application thereof to any party, person,
or entity or to any circumstances, shall
be held invalid for any reason
whatsoever, the remainder of the section
or Ordinance shall not be affected
thereby, and shall remain in full force
and effect as though no part thereof had
been declared to be invalid.
Section 4.2 Amendment or Repeal of
Ordinance.
This Ordinance may be amended or
repealed by a majority vote of the
Council.
Section 4.3 Sovereign Immunity.
Nothing in this Ordinance is intended
to nor shall be construed as a waiver of
the sovereign immunity of the
Jamestown S’Klallam Tribe.
Section 4.4 Effective Date.
This Ordinance shall be effective
upon the date that the Secretary of the
Interior certifies this Ordinance and
publishes it in the Federal Register.
Section 4.5 Jurisdiction.
Notwithstanding anything in this
Ordinance to the contrary, nothing
herein is intended to nor shall be
construed as a grant of jurisdiction from
the Jamestown S’Klallam Tribe to the
State of Washington beyond that
provided by applicable law. The Tribe
shall operate in conformity with State
law and Tribal law to the extent
provided pursuant to 18 D.S.C. § 1161.
Section 4.6 Enforcement.
4.6.1 In any proceeding under this
Ordinance, conviction of one unlawful
sale or distribution of liquor shall
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establish prima facie intent of
unlawfully keeping liquor for sale,
selling liquor or distributing liquor in
violation of this Ordinance.
4.6.2 Any person who shall sell or
offer for sale or distribute or transport in
any manner, liquor in violation of this
Ordinance, or who shall operate or shall
have liquor for sale in his possession
without a license, shall be guilty of a
violation of this Ordinance subjecting
them to civil damages assessed by the
Tribal Council.
4.6.3 Any person within the
boundaries of the reservation or trust
land of the Tribe who buys liquor from
any person other than a properly
licensed facility shall be guilty of a
violation of this Ordinance.
4.6.4 Any person who keeps or
possesses liquor upon their person or in
any place or on premises conducted or
maintained by their principal or agent
with the intent to sell or distribute it
contrary to the provisions of this
Ordinance, shall be guilty of a violation
of this Ordinance.
4.6.5 Any person who knowingly
sells liquor to a person under the
influence of liquor shall be guilty of a
violation of this Ordinance.
4.6.6 Any person engaging wholly or
in part in the business of carrying
passengers for hire, and every agent,
servant, or employee of such person,
who shall knowingly permit any person
to drink liquor in any public
conveyance shall be guilty of an offense.
Any person who shall drink liquor in a
public conveyance shall be guilty of a
violation of this Ordinance.
4.6.7 No person under the age of 21
years shall consume, acquire or have in
their possession any liquor or alcoholic
beverage. No person shall permit any
other person under the age of 21 to
consume liquor on his premises or any
premises under their control except in
those situations set out in this section.
Any person violating this section shall
be guilty of a separate violation of this
Ordinance for each and every drink so
consumed.
4.6.8 Any person who shall sell or
provide any liquor to any person under
the age of 21 years shall be guilty of a
violation of this Ordinance for each
such sale or drink provided.
4.6.9 Any person who transfers in
any manner an identification of age to
a person under the age of 21 years for
the purpose of permitting such person
to obtain liquor 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.
4.6.10 Any person who attempts to
purchase an alcoholic beverage through
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the use of false or altered identification
which falsely purports to show the
individual to be over the age of 21 years
shall be guilty of violating this
Ordinance.
4.6.11 Any person guilty of a
violation of this Ordinance shall be
liable to pay the Tribe the amount of
$500 per violation as civil damages to
defray the Tribe’s cost of enforcement of
this Ordinance.
4.6.12 When requested by the
provider of liquor, any person shall be
required to present official
documentation of the bearer’s age,
signature and photograph. Official
documentation includes one of the
following:
(1) Driver’s license or identification
card issued by any state department of
motor vehicles;
(2) United States Active Duty Military
ID;
(3) Passport.
4.6.13 Liquor which is possessed,
including for sale, contrary to the terms
of this Ordinance is declared to be
contraband. Any Tribal agent, employee
or officer who is authorized by the
Tribal Council to enforce this section
shall seize all contraband and preserve
it in accordance with the provisions
established for the preservation of
impounded property.
4.6.14 Upon being found in
violation of the Ordinance, the party
shall forfeit all right, title and interest in
the items seized which shall become the
property of the Tribe.
Section 4.7 Abatement.
4.7.1 Any room, house, building,
vehicle, structure, or other place where
liquor is sold, manufactured, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provisions of this Ordinance or of any
other Tribal law relating to the
manufacture, importation,
transportation, possession, distribution,
and sale of liquor, and all property kept
in and used in maintaining such place,
is hereby declared to be a nuisance.
4.7.2 The Chairman of the Tribal
Councilor, if the Chairman fails or
refuses to do so, by a majority vote, the
Tribal Council shall institute and
maintain an action in the name of the
Tribe to abate and perpetually enjoin
any nuisance declared under this
Ordinance. In addition to all other
remedies at Tribal law, the Tribal Court
may also order the room, house,
building, vehicle, structure, or place
closed for a period of one (1) year or
until the owner, lessee, tenant, or
occupant thereof shall give bond of
sufficient sum of not less than $25,000
payable to the Tribe and on the
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condition that liquor will not be
thereafter manufactured, kept, sold,
bartered, exchanged, given away,
furnished, or otherwise disposed of
thereof in violation of the provisions of
this Ordinance or of any other
applicable Tribal law and that they will
pay all fines, costs and damages
assessed against them for any violation
of this Ordinance. If any conditions of
the bond be violated, the bond may be
recovered for the use of the Tribe.
4.7.3 In all cases where any person
has been found in violation of this
Ordinance relating to the manufacture,
importation, transportation, possession,
distribution, and sale of liquor, an
action may be brought to abate as a
nuisance any real estate or other
property involved in the violation of the
Ordinance and violation of this
Ordinance shall be prima facie evidence
that the room, house, building, vehicle,
structure, or place against which such
action is brought is a public nuisance.
Section 4.8
Authority of CEO
4.8.1 The Tribal Council hereby
authorizes the Chief Executive Officer to
promulgate such rules, regulations,
policies and procedures which he/she
deems necessary to implement the
provisions of this Ordinance.
Certification of Adoption
I, Heather Johnson Jock, Secretary of
the Jamestown S’Klallam Tribal
Council, do hereby certify that the
foregoing Jamestown S’Klallam Liquor
Control Ordinance was adopted at a
meeting of the Jamestown S’Klallam
Tribal Council held on the 19th day of
Feb., 2008, at the Jamestown S’Klallam
Tribal Office in Blyn, Washington, and
where a quorum was present and
approving the Ordinance by resolution
by a vote of 5 FOR and 0 AGAINST with
0 ABSTAINING.
\s\ Heather Johnson Jock
Heather Johnson Jock, Secretary of the
Tribal Council
[FR Doc. E8–21996 Filed 9–19–08; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Sac & Fox Tribe of the Mississippi in
Iowa Liquor Control Code
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
Code regulates and controls the
possession, sale, and consumption of
liquor within the tribal lands. The tribal
lands are located in Indian Country and
this Code allows for possession and sale
of alcoholic beverages within their
boundaries. This Code will increase the
ability of the tribal government to
control the tribe’s liquor distribution
and possession, and at the same time
will provide an important source of
revenue for the continued operation and
strengthening of the tribal government
and the delivery of tribal services.
Effective Date: This Ordinance is
effective September 22, 2008.
DATES:
FOR FURTHER INFORMATION CONTACT:
David Christensen, Tribal Operations
Officer, Midwest Regional Office, One
Federal Drive, Room 550, Ft. Snelling,
MN 55111, Telephone (612) 725–4554;
or Elizabeth Colliflower, Office of Tribal
Services, 1849 C Street, NW., Mail Stop
4513–MIB, Washington, DC 20240;
Telephone (202) 513–7627; Fax (202)
501–0679.
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 Sac & Fox Tribe of the Mississippi
in Iowa, Tribal Council adopted this
Liquor Code on June 11, 2008. The
purpose of this Code is to govern the
sale, possession and distribution of
alcohol within the Sac & Fox Tribe of
the Mississippi in Iowa tribal land.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Assistant Secretary—Indian Affairs. I
certify that this Liquor Control Code of
the Sac & Fox Tribe of the Mississippi
in Iowa was duly adopted by the Sac &
Fox Tribal Council on June 11, 2008.
SUPPLEMENTARY INFORMATION:
Dated: September 11, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy
and Economic Development.
The Sac & Fox Tribe of the
Mississippi in Iowa Liquor Control Code
reads as follows:
SUMMARY: This notice publishes the
Liquor Control Code of the Sac & Fox
Tribe of the Mississippi in Iowa. The
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]]>Agencies
[Federal Register Volume 73, Number 184 (Monday, September 22, 2008)]
[Notices]
[Pages 54604-54607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21996]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Jamestown S'Klallam Amended Tribal Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes an amendment to the Jamestown S'Klallam
Tribal Liquor Control Ordinance published in the Federal Register May
19, 1994. The amendment regulates and controls the possession and
consumption of liquor within the tribal lands. The tribal lands are
located in Indian Country and this amended
[[Page 54605]]
Ordinance allows for possession of alcoholic beverages within their
boundaries. This Ordinance will increase the ability of the tribal
government to control liquor sales, possession and consumption by the
community and its members.
DATES: Effective Date: This Ordinance is effective on October 22, 2008.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Services Officer, Northwest Regional Office, 911 NE 11th Ave., 8th
Floor, Portland, OR 97232, Telephone: (503) 231-6723, Fax (503) 231-
2189; or Elizabeth Colliflower, Office of Indian Services, 1849 C
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202)
513-7640.
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 Jamestown S'Klallam Tribe amended
the Tribal Liquor Control Ordinance by Resolution No. 06-08 on February
19, 2008. The purpose of this Ordinance is to govern the sale and
possession of alcohol within tribal lands of the Tribe.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the amended Jamestown S'Klallam Tribal Liquor
Control Ordinance was duly adopted by the Jamestown S'Klallam Tribal
Council on February 19, 2008.
Dated: September 11, 2008.
George Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
The amended Jamestown S'Klallam Tribal Liquor Control Ordinance
reads as follows:
JAMESTOWN S'KLALLAM TRIBE AMENDED
TRIBAL LIQUOR CONTROL ORDINANCE
PART I, POLICY AND DEFINITIONS.
Section 1.1 Public Policy Declared.
This Ordinance shall be cited as the ``Jamestown S'Klallam Tribal
Liquor Control Ordinance.'' Under the inherent sovereignty of the
Jamestown S'Klallam Tribe, and pursuant to the provisions of the Tribal
Constitution, Article II, Powers of the Tribal Council, Section 1,
Enumerated Powers, subsection (i), this ordinance shall be deemed an
exercise of the Tribe's power for the protection of the welfare,
health, peace, morals and safety of the people of the Tribe. It is
further the Tribe's policy to assure that any transaction, importation,
sale or consumption involving an alcoholic beverage, while within the
Tribe's jurisdiction, shall occur in strict compliance with this
Ordinance, the laws of the United States and where applicable, the
State of Washington.
Section 1.2 Definitions.
(a) Alcoholic Beverage: Shall mean any intoxicating liquor, beer,
or any wine, as defined under the provisions of this Ordinance or other
applicable law.
(b) Council: Shall mean the Tribal Council of the Jamestown
S'Klallam Tribe.
(c) Legal Age: Shall mean the age requirements as defined in Part
11, Section 2.1.
(d) Liquor Store: Shall mean any store established by the Tribe for
the sale of alcoholic beverages or any entity licensed by the Tribe to
sell alcoholic beverages.
(e) On-Site Dealer: Shall mean the Jamestown S'Klallam Tribe or
duly authorized licensee when it sells, or keeps for sale, any
alcoholic beverage authorized under this Ordinance for consumption on
the premises where sold.
(f) On-Site Sale: Shall mean the sale of any alcoholic beverage for
consumption only upon the premises where sold.
(g) Sale: Shall mean the transfer of any bagged, bottled, boxed,
canned or kegged alcoholic beverage, or the serving of any contents of
any bagged, bottled, boxed, canned or kegged alcoholic beverage by any
means whatsoever for a consideration of currency exchange.
(h) Transaction: Shall mean any transfer of any bagged, bottled,
boxed, canned or kegged alcoholic beverage, or the transfer of any
contents of any bagged, bottled, boxed, canned or kegged alcoholic
beverage from any liquor store, on-site dealer or vendor to any person.
(i) Vendor: Shall mean any person employed or under the supervision
by and of a liquor store or on-site dealer who conducts sales or
transactions involving alcoholic beverages.
Section 1.3 General Prohibition.
It shall be a violation of Tribal law to manufacture for sale,
sell, offer, or keep for sale, possess, transport or conduct any
transaction involving any alcoholic beverage except in compliance with
the terms, conditions, limitations and restrictions specified in this
Ordinance.
Section 1.4 Tribal Control of Alcoholic Beverages.
The Council shall have the sole and exclusive right to authorize
the importation of alcoholic beverages for sale or for the purpose of
conducting transactions therewith, and no person or organization shall
so import any such alcoholic beverage into the Jamestown S'Klallam
Indian Country, which includes the reservation and trust lands of the
Tribe, wherever situated, unless authorized by the Council.
Section 1.5 Community Liquor Store.
The Council may establish and maintain anywhere within the
Jamestown S'Klallam Indian Country that the Council may deem advisable,
a community liquor store or stores for the sale of alcoholic beverages
in accordance with the revisions of this Ordinance. The Council may set
the prices of alcoholic beverages sold.
Section 1.6 Community On-Site Dealer.
The Council may establish and maintain anywhere within the
Jamestown S'Klallam Indian Country that the Council may deem advisable,
a community on-site dealer or dealers for storage and on-site sale of
alcoholic beverages in accordance with the provisions of this
Ordinance. The Council may set the prices of alcoholic beverages sold.
Section 1.7 State of Washington Licenses and Agreements.
The Council or operator may negotiate an agreement or obtain a
State of Washington liquor license for any Tribally operated
establishment that sells alcoholic beverages or conducts transactions
involving alcoholic beverages to the extent required by applicable law
to allow the Tribe to sell liquor in Indian Country under its control.
Section 1.8 Disputes; Violations; Penalties.
Any disputes or violations that arise under this Ordinance shall be
resolved by mediation or by a suit in Tribal Court, which shall have
exclusive civil and criminal jurisdiction for actions brought under
this Ordinance.
PART II, COMPLIANCE WITH THE LAWS OF THE STATE OF WASHINGTON.
Section 2.1 Applicability of State Law.
The Council and its agents shall act in conformity with State laws
regarding
[[Page 54606]]
the sale of liquor to the extent required by applicable federal law
including 18 U.S.C. Sec. 1161.
Section 2.2 Persons Under 21 Years of Age: Restrictions.
The Council shall comply with the State of Washington laws
regarding restrictions on those persons under the age of 21 years in
any Tribal establishment operating pursuant to the provisions of this
Ordinance.
Section 2.3 Restrictions on Intoxicated Persons.
No Tribally operated or licensed establishment shall sell, give, or
furnish any alcoholic beverage or in any way allow any alcoholic
beverage to be sold, given or furnished to a person who is obviously
intoxicated.
Section 2.4 Hours and Days of Sale.
No Tribally operated or licensed establishment shall sell or
furnish alcoholic beverages for on-site purposes during hours or on
days not in compliance with applicable law.
PART III, TRIBAL LICENSING AND REGULATION.
Section 3.1 Power to License and Tax.
The power to establish Tribal licenses and levy taxes under the
provisions of this Ordinance is vested exclusively with the Council. If
the Council enters into any agreements with the State regarding the
sale of liquor, the agreement shall be deemed tribal law.
Section 3.2 Tribally Owned Establishments.
The Council can issue by resolution an appropriate license to a
Tribally owned establishment upon determining the site for the
establishment and obtaining the necessary licensing or agreement from
the State of Washington.
Section 3.3 License of Retail Sales.
3.3.1 The Council shall have the power to issue licenses to any
tribal or state chartered corporation, individual or partnership or
other entity to undertake any sale or transaction which the Tribe
itself has the power to undertake under this ordinance for the sale of
alcoholic beverages at a retail store.
3.3.2 Applications for licenses shall be submitted in the form
prescribed by the Council or its authorized employees. The Council may,
within its sole discretion and subject to the conditions in this
Ordinance issue or refuse to issue the license applied for upon payment
of such fee as the Council may prescribe.
3.3.3 Every license shall be issued in the name of the applicant
and no license shall be transferable or assignable without the written
approval of the Council nor shall the licensee allow any other person
or entity to use the license.
3.3.4 The Council may, for violations of this Ordinance, suspend or
cancel any license. A license is a privilege and no person shall have
vested rights therein. Prior to cancellation or suspension, the Council
shall send notice of its intent to cancel or suspend the license to the
licensee.
3.3.5 No license under this Ordinance shall be for a period longer
than one year.
Section 3.4 Regulations.
The Council may, consistent with this ordinance, adopt regulations
it deems necessary to implement this Ordinance.
PART IV, CONSTRUCTION.
Section 4.1 Severability.
If any part of this Ordinance, or the application thereof to any
party, person, or entity or to any circumstances, shall be held invalid
for any reason whatsoever, the remainder of the section or Ordinance
shall not be affected thereby, and shall remain in full force and
effect as though no part thereof had been declared to be invalid.
Section 4.2 Amendment or Repeal of Ordinance.
This Ordinance may be amended or repealed by a majority vote of the
Council.
Section 4.3 Sovereign Immunity.
Nothing in this Ordinance is intended to nor shall be construed as
a waiver of the sovereign immunity of the Jamestown S'Klallam Tribe.
Section 4.4 Effective Date.
This Ordinance shall be effective upon the date that the Secretary
of the Interior certifies this Ordinance and publishes it in the
Federal Register.
Section 4.5 Jurisdiction.
Notwithstanding anything in this Ordinance to the contrary, nothing
herein is intended to nor shall be construed as a grant of jurisdiction
from the Jamestown S'Klallam Tribe to the State of Washington beyond
that provided by applicable law. The Tribe shall operate in conformity
with State law and Tribal law to the extent provided pursuant to 18
D.S.C. Sec. 1161.
Section 4.6 Enforcement.
4.6.1 In any proceeding under this Ordinance, conviction of one
unlawful sale or distribution of liquor shall establish prima facie
intent of unlawfully keeping liquor for sale, selling liquor or
distributing liquor in violation of this Ordinance.
4.6.2 Any person who shall sell or offer for sale or distribute or
transport in any manner, liquor in violation of this Ordinance, or who
shall operate or shall have liquor for sale in his possession without a
license, shall be guilty of a violation of this Ordinance subjecting
them to civil damages assessed by the Tribal Council.
4.6.3 Any person within the boundaries of the reservation or trust
land of the Tribe who buys liquor from any person other than a properly
licensed facility shall be guilty of a violation of this Ordinance.
4.6.4 Any person who keeps or possesses liquor upon their person or
in any place or on premises conducted or maintained by their principal
or agent with the intent to sell or distribute it contrary to the
provisions of this Ordinance, shall be guilty of a violation of this
Ordinance.
4.6.5 Any person who knowingly sells liquor to a person under the
influence of liquor shall be guilty of a violation of this Ordinance.
4.6.6 Any person engaging wholly or in part in the business of
carrying passengers for hire, and every agent, servant, or employee of
such person, who shall knowingly permit any person to drink liquor in
any public conveyance shall be guilty of an offense. Any person who
shall drink liquor in a public conveyance shall be guilty of a
violation of this Ordinance.
4.6.7 No person under the age of 21 years shall consume, acquire or
have in their possession any liquor or alcoholic beverage. No person
shall permit any other person under the age of 21 to consume liquor on
his premises or any premises under their control except in those
situations set out in this section. Any person violating this section
shall be guilty of a separate violation of this Ordinance for each and
every drink so consumed.
4.6.8 Any person who shall sell or provide any liquor to any person
under the age of 21 years shall be guilty of a violation of this
Ordinance for each such sale or drink provided.
4.6.9 Any person who transfers in any manner an identification of
age to a person under the age of 21 years for the purpose of permitting
such person to obtain liquor 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.
4.6.10 Any person who attempts to purchase an alcoholic beverage
through
[[Page 54607]]
the use of false or altered identification which falsely purports to
show the individual to be over the age of 21 years shall be guilty of
violating this Ordinance.
4.6.11 Any person guilty of a violation of this Ordinance shall be
liable to pay the Tribe the amount of $500 per violation as civil
damages to defray the Tribe's cost of enforcement of this Ordinance.
4.6.12 When requested by the provider of liquor, any person shall
be required to present official documentation of the bearer's age,
signature and photograph. Official documentation includes one of the
following:
(1) Driver's license or identification card issued by any state
department of motor vehicles;
(2) United States Active Duty Military ID;
(3) Passport.
4.6.13 Liquor which is possessed, including for sale, contrary to
the terms of this Ordinance is declared to be contraband. Any Tribal
agent, employee or officer who is authorized by the Tribal Council to
enforce this section shall seize all contraband and preserve it in
accordance with the provisions established for the preservation of
impounded property.
4.6.14 Upon being found in violation of the Ordinance, the party
shall forfeit all right, title and interest in the items seized which
shall become the property of the Tribe.
Section 4.7 Abatement.
4.7.1 Any room, house, building, vehicle, structure, or other place
where liquor is sold, manufactured, bartered, exchanged, given away,
furnished, or otherwise disposed of in violation of the provisions of
this Ordinance or of any other Tribal law relating to the manufacture,
importation, transportation, possession, distribution, and sale of
liquor, and all property kept in and used in maintaining such place, is
hereby declared to be a nuisance.
4.7.2 The Chairman of the Tribal Councilor, if the Chairman fails
or refuses to do so, by a majority vote, the Tribal Council shall
institute and maintain an action in the name of the Tribe to abate and
perpetually enjoin any nuisance declared under this Ordinance. In
addition to all other remedies at Tribal law, the Tribal Court may also
order the room, house, building, vehicle, structure, or place closed
for a period of one (1) year or until the owner, lessee, tenant, or
occupant thereof shall give bond of sufficient sum of not less than
$25,000 payable to the Tribe and on the condition that liquor will not
be thereafter manufactured, kept, sold, bartered, exchanged, given
away, furnished, or otherwise disposed of thereof in violation of the
provisions of this Ordinance or of any other applicable Tribal law and
that they will pay all fines, costs and damages assessed against them
for any violation of this Ordinance. If any conditions of the bond be
violated, the bond may be recovered for the use of the Tribe.
4.7.3 In all cases where any person has been found in violation of
this Ordinance relating to the manufacture, importation,
transportation, possession, distribution, and sale of liquor, an action
may be brought to abate as a nuisance any real estate or other property
involved in the violation of the Ordinance and violation of this
Ordinance shall be prima facie evidence that the room, house, building,
vehicle, structure, or place against which such action is brought is a
public nuisance.
Section 4.8 Authority of CEO
4.8.1 The Tribal Council hereby authorizes the Chief Executive
Officer to promulgate such rules, regulations, policies and procedures
which he/she deems necessary to implement the provisions of this
Ordinance.
Certification of Adoption
I, Heather Johnson Jock, Secretary of the Jamestown S'Klallam
Tribal Council, do hereby certify that the foregoing Jamestown
S'Klallam Liquor Control Ordinance was adopted at a meeting of the
Jamestown S'Klallam Tribal Council held on the 19th day of Feb., 2008,
at the Jamestown S'Klallam Tribal Office in Blyn, Washington, and where
a quorum was present and approving the Ordinance by resolution by a
vote of 5 FOR and 0 AGAINST with 0 ABSTAINING.
\s\ Heather Johnson Jock
Heather Johnson Jock, Secretary of the Tribal Council
[FR Doc. E8-21996 Filed 9-19-08; 8:45 am]
BILLING CODE 4310-4J-P
