Tulalip Liquor Ordinance, 13455-13456 [E9-6851]

Agencies

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

[Federal Register Volume 74, Number 58 (Friday, March 27, 2009)]
[Notices]
[Pages 13455-13456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-6851]



[[Page 13455]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Tulalip Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes an amendment to the Tulalip Tribe's 
Liquor Control Ordinance published in the Federal Register September 
16, 1977 (42 FR 46612). 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 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 April 27, 2009.

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 or amended liquor ordinances for the purpose of regulating 
liquor transactions in Indian country. The Tulalip Tribes of Washington 
amended its Tribal Liquor Ordinance by Resolution No. 2008-180 on June 
6, 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 Board of Directors duly adopted the amended Liquor Ordinance 
for the Tulalip Tribes of Washington on June 6, 2008.

    Dated: March 16, 2009.
George Skibine,
Deputy Assistant Secretary for Policy and Economic Development.

    The amended Liquor Ordinance No. 42 of the Tulalip Tribes of 
Washington reads as follows:

Tulalip Liquor Ordinance

    An ordinance governing sale, distribution, and taxation of liquor 
within the exterior boundaries of the Tulalip Indian Reservation, 
establishing a board for control and administration of liquor and 
regulating the use thereof.
    The Board of Directors of the Tribes of Washington in the exercise 
of said Tribes jurisdiction within the exterior boundaries of the 
Tulalip Indian Reservation do hereby promulgate and enact the following 
liquor ordinance pursuant to the powers vested in it by Article VI, 
Section 1(l) and (m) of the Constitution and By-Laws of the Tulalip 
Tribe of Washington and the Act of August 15, 1953, 67 Stat. 586, 
U.S.C. 1161, as follows:

Section 1. Title

    This Ordinance shall be known as the Tulalip Liquor Ordinance.

Section 2. Revocation of Prior Ordinance

    All Ordinances and Resolutions of the Tulalip Tribes regulating, 
authorized, prohibiting or in any wise dealing with the sale of liquor 
heretofore enacted or now in effect are hereby repealed and of no 
further force and effect.

Section 3. Definitions

    ``Liquor'' means that liquid as at this date defined by the Revised 
Code of Washington in RCW 66.04.010 (1), (2), (16), (29) and (35).
    ``Sale'' and ``sell'' means as now defined as set forth by the 
Revised Code of Washington in RCW 66.04010 (27).
    Such definitions are hereby adopted by reference.

Section 4. Prohibitions

    (A) The purchase, sale, and dealing in liquor within the exterior 
boundaries of the Tulalip Indian Reservation by any person, party, 
firm, or corporation except pursuant to the control and regulation of 
the Tulalip Liquor Commission hereby established and declared lawful.
    (B) No person shall sell any liquor to any person obviously under 
the influence of liquor.
    (C) No person who is obviously under the influence of liquor may 
purchase or consume liquor on any premises licensed by the Commission.
    (D) A violation of this Section is an infraction punishable by a 
fine of up to five hundred dollars.

Section 5. Retroactivity

    The provisions of this ordinance shall be prospective only from the 
date of its enactment herein contained shall be deemed to revoke any 
presently existing valid license or permit or renewal thereof 
previously issued by the Washington State Liquor Control Board or the 
exercise of privilege given thereunder.

Section 6. Tulalip Liquor Commission

    The Board of Directors of the Tulalip Tribes are hereby constituted 
as the ``Tulalip Liquor Commission'' and empowered to administer this 
Ordinance, including general control, management and supervision of all 
liquor sales, places of sale and sales outlets, and to exercise all of 
the powers and accomplish all of the purposed thereof as hereinafter 
set forth any do the following acts and things for and on behalf of and 
in the names of the Tulalip Tribes of Washington:
    (A) Adopting and enforcing rules and regulations for the purpose of 
carrying into effect the provisions of this ordinance the performance 
of its functions;
    (B) Collecting, auditing and issuing fees, licenses, taxes and 
permits;
    (C) Purchasing, warehousing and selling of liquor in the original 
package;
    (D) Executing all contracts, papers and documents in the name of 
the Tulalip Tribes of Washington or the Tulalip Liquor Commission;
    (E) Providing housing for its activities and all necessary 
equipment and fixtures with which to do business;
    (F) Hiring and firing of employees, fixing their duties and 
delegating to such specific powers and authorities;
    (G) Paying all customs, duties, excises, charges and obligation 
whatsoever related to the business of the Commission;
    (H) Performing all matters and things incidental to and necessary 
to conduct its business and carry out its duties and functions.

Section 7. Funds--Appropriation

    All revenue received, funds collected and property acquired by the 
Commission shall be and are the property of the Tulalip Tribes of 
Washington and the Commission shall annually account for the same to it 
and pay the net proceeds of its activities into the general funds of 
the Tulalip Tribes of Washington subject to appropriation by it to the 
use of the Commission as the Tribal Board of Directors shall see fit.

[[Page 13456]]

    There is hereby appropriated to the uses and purposes of said 
Commission from the tribal funds the sum of $15,000.

Section 8. Powers of the Commission

    The Commission hereby empowered to establish and operate a Tulalip 
Liquor Store within the exterior boundaries of the Tulalip Indian 
Reservation upon tribal property, not otherwise, and to operate the 
same and sell liquor thereat for such price as it shall from time to 
time fix and determine.

Section 9. Excise Tax Levy

    There is hereby levied and shall be collected an excise tax upon 
each sale of liquor, except beer and wine, in whatever package or 
container, or whether at wholesale or retail, of three (3) cents per 
fluid ounce or fraction thereof contained in such package container.

Section 10. Tax on Retail Sale

    There is hereby levied and shall be collected a tax upon each 
retail sale of wine and beer in the original package at a rate equal to 
five percent (5%) of the selling price, which tax shall be paid by the 
buyer to the seller who shall collect the same and hold it in trust for 
payment to the Tulalip Liquor Commission in the same manner and at the 
same time the seller would be required to pay Washington State Retail 
Sales Tax pursuant to RECW 82.08.150 to the State of Washington if such 
tax were applicable, but regardless of whether or not such State tax is 
applicable. All records and tax returns required to be kept by seller 
by the State of Washington as if such State tax were applicable, shall 
be kept by the seller and made available for inspection. Such shall be 
prima facie proof of the amount of tax due and collectable; that the 
provisions of this paragraph requiring records, tax returns and payment 
of tax to the Commission shall not be applicable to sales made by the 
Commission.

Section 11. Tax Remit

    The Commission shall remit to the Treasurer of the Tulalip Tribe on 
the twenty-fifth (25) day of every month to be deposited in the tribal 
treasury all moneys collected by it in the preceding month by reason of 
the levy of excise tax. Said tax shall be added to the sale price of 
liquor sold and be collected from the purchaser thereof the Commission 
shall also regularly remit for similar deposit to said Treasurer all 
retail sales taxes collected by it upon sales of beer and wine.

Section 12. Conformity With the State Law

    Nothing herein contained shall be construed to supersede the 
substantive laws of the State of Washington effective within the 
exterior boundaries of the Tulalip Indian Reservation and, where not 
inconsistent herewith, the substantive standards of the criminal laws 
of the State of Washington regarding sale, consumption and use of 
liquor shall apply.

Section 13. Severability and Construction

    If any clause, part, or section of this act shall be adjudged 
invalid, such judgment shall not affect nor invalidate the remainder of 
the act, but shall be confined in its operation to the clause, part or 
section directly involved in the controversy in which such judgment was 
rendered. If the operation of any clause, part or section of this act 
shall be held to impair the operation of contract, or to deny to any 
person any right or protection secured to him by the Constitution of 
the United States of America, or by the Constitution of the State of 
Washington it is hereby declared that, had the invalidity of such 
clause, part or section been considered at the time of the enactment of 
the act, the remainder of the act would nevertheless have been adopted 
without such and any and all such invalid clauses, parts or sections.

Section 14. Effective Date

    This Ordinance shall be and become effective after thirty (30) days 
of publication by the United States Department of the Interior's 
certification in the Federal Register.

Section 15. Sovereign Immunity

    Nothing in this Ordinance shall be construed as a waiver or 
limitation of the sovereign immunity of the Tulalip Tribes, except as 
its sovereign immunity has been waived by the Tulalip Tribes' Tort 
Claims Ordinance 122.

[FR Doc. E9-6851 Filed 3-26-09; 8:45 am]
BILLING CODE 4310-4J-P