Coquille Indian Tribe Liquor Control Ordinance, 54842-54844 [E9-25467]
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
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FR Doc. E9–25599 Filed 10–22–09; 8:45 am
BILLING CODE 4310–55–S
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 Coquille Indian Tribe amended the
liquor control section of its Tribal Code
by Resolution No. CY0933 on February
28, 2009. The purpose of this amended
code is to govern the 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 this Liquor Control
Ordinance of the Code of the Coquille
Indian Tribe was duly adopted by the
Tribal Council, on February 28, 2009.
Dated: October 14, 2009.
Paul Tsosie,
Chief of Staff, Assistant Secretary—Indian
Affairs.
The Coquille Indian Tribe Liquor
Control Ordinance reads as follows:
DEPARTMENT OF THE INTERIOR
Coquille Indian Tribal Code
Bureau of Indian Affairs
Chapter 200
Coquille Indian Tribe Liquor Control
Ordinance
Part 2—Economic Development
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Notice.
200.010 General
1. Purpose. This Ordinance is for the
purpose of regulating the sale,
possession and use of alcoholic liquor
on the Coquille Indian Reservation and
other lands subject to Tribal
jurisdiction. The enactment of this
ordinance will increase the ability of the
Tribal government to regulate liquor
distribution and possession on the
Coquille Indian Reservation, as defined
below.
2. Background. Subject to certain
limitations, Article VI, Section 1 of the
Constitution of the Coquille Indian
Tribe vests the Coquille Tribal Council
with legislative and executive authority,
including the authority to adopt this
Ordinance. This Ordinance replaces
CITC Chapter 200, enacted on May 9,
1995 and which remained in effect until
adoption of this restatement.
3. Jurisdiction. This Ordinance
conforms to all requisite laws as
required by 18 U.S.C. § 1161.
SUMMARY: This notice publishes an
amendment to the Tribal Code (Code),
Liquor Control, Chapter 200, for the
Coquille Indian Tribe Liquor Control
Ordinance. 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 Code
allows for possession of alcoholic
beverages within their boundaries. This
Code will increase the ability of the
Tribal government to control liquor
possession, sale and use in the
community.
DATES: Effective Date: This Ordinance is
effective on November 23, 2009.
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Services Officer, Northwest Regional
Office, 911 NE., 11th Ave., 8th Floor,
PO 00000
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Liquor Control
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200.120
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.
1. ‘‘Alcoholic liquor’’ shall mean any
alcoholic beverage containing more than
one-half of one percent alcohol by
volume, and every liquid or solid,
patented or not, containing alcohol and
capable of being consumed by a human
being.
2. ‘‘Coquille Indian Reservation’’ shall
mean all lands held in trust by the
United States for the Tribe or its
members and all lands over which the
Tribe exercises jurisdiction, wherever
located.
3. Whenever the words ‘‘sell’’ or ‘‘to
sell’’ refer to anything forbidden by this
Chapter and related to alcoholic liquor,
they include:
(a) To solicit or receive an order;
(b) To keep or expose for sale;
(c) To deliver for value or in any way
other than purely gratuitously;
(4) To peddle;
(d) To keep with intent to sell;
(e) To traffic in, or
(f) To engage in a transaction for any
consideration or promise obtained
directly or indirectly under any pretext
or by any means or to procure or allow
to be procured for any other person.
(g) The word ‘‘sale’’ includes every act
of selling as defined in subsection (3) of
this section.
(h) The word ‘‘person’’ includes a
human being or any entity that is
recognized by law as having the rights
and/or duties of a human being.
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200.150
Civil Violation
In addition to being grounds for
revocation of a license, any of the
following shall be a civil violation
prosecutable under CITC Chapter 650,
unless they are otherwise authorized by
this Ordinance:
1. For any person to sell, trade or
manufacture any alcoholic liquor on the
Coquille Indian Reservation except as
provided for in this Ordinance.
2. For any business establishment or
person on the Coquille Indian
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 Coquille Indian Reservation licensed
by the Tribe, provided, however, that a
person may transport liquor from a
licensed establishment consistent with
the terms of the license.
3. For any person to consume
alcoholic liquor on a public highway.
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4. 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, Tribal
government facilities, Coquille Indian
Housing Authority facilities, and any
other public area where minors gather
for meetings or recreation, except within
a Tribally licensed establishment where
alcohol is sold.
5. For any person under the age of 21
years to buy, attempt to buy or to
misrepresent their age in attempting to
buy, alcoholic liquor.
6. For any person under the age of 21
years to transport, possess or consume
any alcoholic liquor on the Coquille
Indian Reservation, or to be under the
influence of alcohol or to be at an
established commercial liquor
establishment, except as authorized
under this Ordinance.
7. For any person to sell or furnish
alcoholic liquor to any person under 21
years of age.
8. For alcoholic liquor to be given as
a prize, premium or consideration for a
lottery, contest, game of chance or skill,
or competition of any kind.
200.200
Licensing Procedure
1. Requests for a license under this
Ordinance must be presented to the
Tribal Council at least 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:
(a) Alcoholic liquor may only be
served and handled in a manner no less
strict than allowed under Oregon
Revised Statutes Chapter 471.
(b) Alcoholic liquor may only be
served by employees of the licensee;
and
(c) Alcoholic liquor may be served in
rooms where gambling is taking place if
authorized by Tribal Council resolution.
2. Tribal Council action on a license
request must be taken at a regular or
special meeting.
3. Unless the request is for a special
event license, the Tribal Council shall
give at least 14 days’ notice of the
meeting at which the request will be
considered. Notice shall be posted at the
Tribal government administration
building and at the establishment
requesting the license, and will be sent
by Certified Mail to the Oregon Liquor
Control Commission.
4. The Tribal Council may revoke a
license for reasonable cause upon notice
and hearing at which the licensee is
given an opportunity to respond to any
charges against it and to demonstrate
PO 00000
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54843
why the license should not be
suspended or revoked.
5. Licenses issued by the Tribe shall
not be transferable and may only be
utilized by the person in whose name it
was issued.
200.300 Sale or Service of Liquor by
Licensee’s Minor Employees
1. The holder of a license issued
under this Ordinance or Oregon Revised
Statutes Chapter 471 may employ
persons 18, 19 and 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 18, 19 or 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.
2. 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 21 years.
200.350 Memorandums of
Understanding With the State of Oregon
Regarding Certain Liquor Licensing and
Regulation
1. Notwithstanding any other
provision of this Ordinance, the Tribe
hereby authorizes and ratifies the
negotiation and execution of the
September 1, 2004 document entitled
Memorandum of Understanding
Governing Liquor Licensing and
Regulation (the ‘‘MOU’’) between the
Tribe and the State of Oregon, and this
authorization and ratification shall be
retroactive to September 1, 2004.
Moreover, with regard to the sale of
alcoholic liquor at an establishment
described in the MOU, any provision of
this Ordinance shall yield to a
conflicting provision of the MOU.
2. Notwithstanding any other
provision of this Ordinance, the sale of
alcoholic liquor, by the Tribe or an
entity owned by the Tribe, at an
establishment described in the MOU
shall be governed exclusively by the
terms of the MOU.
200.400 Warning Signs Required
1. 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
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Federal Register / Vol. 74, No. 204 / Friday, October 23, 2009 / Notices
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alcohol consumption during pregnancy
as required under this section.
2. The sign shall:
(a) Contain the message: ‘‘Pregnancy
and alcohol do not mix. Drinking
alcoholic beverages, including wine,
coolers and beer, during pregnancy can
cause birth defects.’’
(b) Be either:
(1) A large sign, no smaller than eight
and one-half inches by 11 inches in size
with lettering no smaller than fiveeighths of an inch in height; or
(2) A reduced sign, five by seven
inches in size with lettering of the same
proportion as the large sign described in
paragraph (1) of this subsection.
(c) 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.
(d) 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.
(e) 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.
200.500 Violations of This Ordinance
1. Any person who violates the
provisions of this Ordinance 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
violation. Such civil penalty shall not
exceed the sums described in CITC
Chapter 650.
2. Such civil violations shall be
prosecuted under the procedures set
forth in CITC Chapter 650.
3. 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.
200.600 Severability
If a court of competent jurisdiction
finds any provision of this Ordinance to
be invalid or illegal under applicable
Federal or Tribal law, such provision
shall be severed from this Ordinance
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15:24 Oct 22, 2009
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and the remainder of this Ordinance
shall remain in full force and effect.
200.700 Compliance With 18 U.S.C.
1161
The Tribe will comply with Oregon
Liquor Laws to the extent required by 18
U.S.C. 1161.
200.800 Effective Date
This Ordinance shall be effective
upon publication in the Federal
Register after approval by the Secretary
of the Interior or his designee.
200.900 Sovereign Immunity
Nothing in this Ordinance waives the
sovereign immunity of the Coquille
Indian Tribe or any of its officers,
directors or employees.
History of Amendments to Chapter 200
Liquor Control Ordinance 5/9/95
Adopted 2/28/09 CY0933.
Amended 5/21/09 CY0986.
137th La., Earlham vicinity, 09000621,
LISTED, 8/20/09.
MASSACHUSETTS
Norfolk County
Sea Street Historic District, Roughly bounded
by Bridge, North, Neck Sts., Crescent Rd.,
Pearl St. and rear of Standish St.,
Weymouth, 09000646, LISTED, 8/19/09.
MINNESOTA
McLeod County
Komensky School, 19981 Major Ave.,
Hutchinson vicinity, 09000622, LISTED, 8/
20/09.
Ramsey County
O’Donnell Shoe Company Building, 509
Sibley St., St. Paul, 09000623, LISTED, 8/
20/09.
MISSISSIPPI
Lee County
Carnation Milk Plant, 520 Carnation St.,
Tupelo, 09000624, LISTED, 8/20/09.
DEPARTMENT OF THE INTERIOR
Marion County
Columbia North Residential Historic District,
Roughly bounded by High School and N.
Main St. on the W. and Park Ave. and
Branton Ave. on the E., Columbia,
09000625, LISTED, 8/20/09.
National Park Service
MISSOURI
National Register of Historic Places;
Weekly Listing of Historic Properties
St. Louis Independent City
Stickney, William A., Cigar Company
Building, 209 N. 4th St., St. Louis,
09000627, LISTED, 8/20/09.
[FR Doc. E9–25467 Filed 10–22–09; 8:45 am]
BILLING CODE 4310–4J–P
Pursuant to (36 CFR 60.13(b,c)) and
(36 CFR 63.5), this notice, through
publication of the information included
herein, is to apprise the public as well
as governmental agencies, associations
and all other organizations and
individuals interested in historic
preservation, of the properties added to,
or determined eligible for listing in, the
National Register of Historic Places from
August 17, to August 21, 2009.
For further information, please
contact Edson Beall via: United States
Postal Service mail, at the National
Register of Historic Places, 2280,
National Park Service, 1849 C St., NW.,
Washington, DC 20240; in person (by
appointment), 1201 Eye St., NW., 8th
Floor, Washington, DC 20005; by fax,
202–371–2229; by phone, 202–354–
2255; or by e-mail,
Edson_Beall@nps.gov.
Dated: October 13, 2009.
J. Paul Loether,
Chief, National Register of Historic Places/
National Historic Landmarks Program.
Key: State, County, Property Name, Address/
Boundary, City, Vicinity, Reference
Number, Action, Date, Multiple Name.
IOWA
Madison County
Seerley, William and Mary (Messersmith)
Barn and Milkhouse—Smokehouse, 1840
PO 00000
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MONTANA
Missoula County
Missoula Downtown Historic District,
Roughly bounded by Northern Pacific RR,
Clak Fork R, Little McCormick Park and
Madison St., Missoula, 07000647, LISTED,
8/21/09. (Missoula MPS.)
NEW YORK
Broome County
Wells, J. Stuart, House, 71 Main St.,
Binghamton, 09000628, LISTED, 8/21/09.
Chautauqua County
Wellman Building, The, 101–103 W. 3rd St.
& 215–217 Cherry St., Jamestown,
09000629, LISTED, 8/21/09.
Erie County
Lafayette Avenue Presbyterian Church, 875
Elmwood Ave., Buffalo, 09000630,
LISTED, 8/21/09.
St. Francis Xavier Roman Catholic Parish
Complex, 157 East St., Buffalo, 09000631,
LISTED, 8/20/09.
Kings County
Brooklyn Trust Company Building, 177
Montague St., Brooklyn, 09000632,
LISTED, 8/20/09.
Lewis County
Pine Grove Community Church, Austin Rd.
& Pine Grove Rd., Pine Grove vicinity,
09000633, LISTED, 8/20/09.
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Agencies
[Federal Register Volume 74, Number 204 (Friday, October 23, 2009)]
[Notices]
[Pages 54842-54844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25467]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Coquille Indian Tribe Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes an amendment to the Tribal Code (Code),
Liquor Control, Chapter 200, for the Coquille Indian Tribe Liquor
Control Ordinance. 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 Code allows for possession
of alcoholic beverages within their boundaries. This Code will increase
the ability of the Tribal government to control liquor possession, sale
and use in the community.
DATES: Effective Date: This Ordinance is effective on November 23,
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 liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The Coquille Indian Tribe amended the
liquor control section of its Tribal Code by Resolution No. CY0933 on
February 28, 2009. The purpose of this amended code is to govern the
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 this Liquor Control Ordinance of the Code of
the Coquille Indian Tribe was duly adopted by the Tribal Council, on
February 28, 2009.
Dated: October 14, 2009.
Paul Tsosie,
Chief of Staff, Assistant Secretary--Indian Affairs.
The Coquille Indian Tribe Liquor Control Ordinance reads as
follows:
Coquille Indian Tribal Code
Chapter 200
Part 2--Economic Development
Liquor Control
200.010 General
1. Purpose. This Ordinance is for the purpose of regulating the
sale, possession and use of alcoholic liquor on the Coquille Indian
Reservation and other lands subject to Tribal jurisdiction. The
enactment of this ordinance will increase the ability of the Tribal
government to regulate liquor distribution and possession on the
Coquille Indian Reservation, as defined below.
2. Background. Subject to certain limitations, Article VI, Section
1 of the Constitution of the Coquille Indian Tribe vests the Coquille
Tribal Council with legislative and executive authority, including the
authority to adopt this Ordinance. This Ordinance replaces CITC Chapter
200, enacted on May 9, 1995 and which remained in effect until adoption
of this restatement.
3. Jurisdiction. This Ordinance conforms to all requisite laws as
required by 18 U.S.C. Sec. 1161.
[[Page 54843]]
200.120 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.
1. ``Alcoholic liquor'' shall mean any alcoholic beverage
containing more than one-half of one percent alcohol by volume, and
every liquid or solid, patented or not, containing alcohol and capable
of being consumed by a human being.
2. ``Coquille Indian Reservation'' shall mean all lands held in
trust by the United States for the Tribe or its members and all lands
over which the Tribe exercises jurisdiction, wherever located.
3. Whenever the words ``sell'' or ``to sell'' refer to anything
forbidden by this Chapter and related to alcoholic liquor, they
include:
(a) To solicit or receive an order;
(b) To keep or expose for sale;
(c) To deliver for value or in any way other than purely
gratuitously;
(4) To peddle;
(d) To keep with intent to sell;
(e) To traffic in, or
(f) To engage in a transaction for any consideration or promise
obtained directly or indirectly under any pretext or by any means or to
procure or allow to be procured for any other person.
(g) The word ``sale'' includes every act of selling as defined in
subsection (3) of this section.
(h) The word ``person'' includes a human being or any entity that
is recognized by law as having the rights and/or duties of a human
being.
200.150 Civil Violation
In addition to being grounds for revocation of a license, any of
the following shall be a civil violation prosecutable under CITC
Chapter 650, unless they are otherwise authorized by this Ordinance:
1. For any person to sell, trade or manufacture any alcoholic
liquor on the Coquille Indian Reservation except as provided for in
this Ordinance.
2. For any business establishment or person on the Coquille Indian
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 Coquille Indian Reservation licensed by the
Tribe, provided, however, that a person may transport liquor from a
licensed establishment consistent with the terms of the license.
3. For any person to consume alcoholic liquor on a public highway.
4. 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, Tribal government facilities, Coquille Indian
Housing Authority facilities, and any other public area where minors
gather for meetings or recreation, except within a Tribally licensed
establishment where alcohol is sold.
5. For any person under the age of 21 years to buy, attempt to buy
or to misrepresent their age in attempting to buy, alcoholic liquor.
6. For any person under the age of 21 years to transport, possess
or consume any alcoholic liquor on the Coquille Indian Reservation, or
to be under the influence of alcohol or to be at an established
commercial liquor establishment, except as authorized under this
Ordinance.
7. For any person to sell or furnish alcoholic liquor to any person
under 21 years of age.
8. For alcoholic liquor to be given as a prize, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
200.200 Licensing Procedure
1. Requests for a license under this Ordinance must be presented to
the Tribal Council at least 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:
(a) Alcoholic liquor may only be served and handled in a manner no
less strict than allowed under Oregon Revised Statutes Chapter 471.
(b) Alcoholic liquor may only be served by employees of the
licensee; and
(c) Alcoholic liquor may be served in rooms where gambling is
taking place if authorized by Tribal Council resolution.
2. Tribal Council action on a license request must be taken at a
regular or special meeting.
3. Unless the request is for a special event license, the Tribal
Council shall give at least 14 days' notice of the meeting at which the
request will be considered. Notice shall be posted at the Tribal
government administration building and at the establishment requesting
the license, and will be sent by Certified Mail to the Oregon Liquor
Control Commission.
4. The Tribal Council may revoke a license for reasonable cause
upon notice and hearing at which the licensee is given an opportunity
to respond to any charges against it and to demonstrate why the license
should not be suspended or revoked.
5. Licenses issued by the Tribe shall not be transferable and may
only be utilized by the person in whose name it was issued.
200.300 Sale or Service of Liquor by Licensee's Minor Employees
1. The holder of a license issued under this Ordinance or Oregon
Revised Statutes Chapter 471 may employ persons 18, 19 and 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 18, 19 or 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.
2. 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 21 years.
200.350 Memorandums of Understanding With the State of Oregon Regarding
Certain Liquor Licensing and Regulation
1. Notwithstanding any other provision of this Ordinance, the Tribe
hereby authorizes and ratifies the negotiation and execution of the
September 1, 2004 document entitled Memorandum of Understanding
Governing Liquor Licensing and Regulation (the ``MOU'') between the
Tribe and the State of Oregon, and this authorization and ratification
shall be retroactive to September 1, 2004. Moreover, with regard to the
sale of alcoholic liquor at an establishment described in the MOU, any
provision of this Ordinance shall yield to a conflicting provision of
the MOU.
2. Notwithstanding any other provision of this Ordinance, the sale
of alcoholic liquor, by the Tribe or an entity owned by the Tribe, at
an establishment described in the MOU shall be governed exclusively by
the terms of the MOU.
200.400 Warning Signs Required
1. 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
[[Page 54844]]
alcohol consumption during pregnancy as required under this section.
2. The sign shall:
(a) Contain the message: ``Pregnancy and alcohol do not mix.
Drinking alcoholic beverages, including wine, coolers and beer, during
pregnancy can cause birth defects.''
(b) Be either:
(1) A large sign, no smaller than eight and one-half inches by 11
inches in size with lettering no smaller than five-eighths of an inch
in height; or
(2) A reduced sign, five by seven inches in size with lettering of
the same proportion as the large sign described in paragraph (1) of
this subsection.
(c) 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.
(d) 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.
(e) 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.
200.500 Violations of This Ordinance
1. Any person who violates the provisions of this Ordinance 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
violation. Such civil penalty shall not exceed the sums described in
CITC Chapter 650.
2. Such civil violations shall be prosecuted under the procedures
set forth in CITC Chapter 650.
3. 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.
200.600 Severability
If a court of competent jurisdiction finds any provision of this
Ordinance to be invalid or illegal under applicable Federal or Tribal
law, such provision shall be severed from this Ordinance and the
remainder of this Ordinance shall remain in full force and effect.
200.700 Compliance With 18 U.S.C. 1161
The Tribe will comply with Oregon Liquor Laws to the extent
required by 18 U.S.C. 1161.
200.800 Effective Date
This Ordinance shall be effective upon publication in the Federal
Register after approval by the Secretary of the Interior or his
designee.
200.900 Sovereign Immunity
Nothing in this Ordinance waives the sovereign immunity of the
Coquille Indian Tribe or any of its officers, directors or employees.
History of Amendments to Chapter 200 Liquor Control Ordinance 5/9/95
Adopted 2/28/09 CY0933.
Amended 5/21/09 CY0986.
[FR Doc. E9-25467 Filed 10-22-09; 8:45 am]
BILLING CODE 4310-4J-P