Liquor Control Ordinance for the Manchester Band of Pomo Indians of the Manchester-Point Arena Rancheria, 39969-39971 [2010-16999]
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
DEPARTMENT OF THE INTERIOR
National Park Service
National Mall and Memorial Parks,
Washington, DC; Final Environmental
Impact Statement and National Mall
Plan
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY: National Park Service,
Department of the Interior.
ACTION: Notice of Availability of a Final
Environmental Impact Statement for the
National Mall Plan.
SUMMARY: Pursuant to the National
Environmental Policy Act of 1969, 42
U.S.C. 4332 (2)(c), the National Park
Service announces the availability of a
Final Environmental Impact Statement
(FEIS) for the National Mall Plan (Plan).
The Plan establishes a long-term vision
for the use and management of some of
the most historic, symbolic, and heavily
used public lands in our nation.
DATES: The FEIS for the Plan will
remain available for public review for
30 days beginning on the date the U.S.
Environmental Protection Agency
publishes a Notice of Availability in the
Federal Register.
ADDRESSES: Copies of the FEIS are
available at National Mall and Memorial
Parks Headquarters, 900 Ohio Drive,
SW., Washington, DC, at local libraries
around Washington, DC, and online at
https://www.nps.gov/nationalmallplan.
FOR FURTHER INFORMATION CONTACT:
Susan Spain, Project Executive,
National Mall Plan at (202) 245–4692.
SUPPLEMENTARY INFORMATION: The
National Mall and Memorial Parks is
proposing to manage the National Mall
according to the Plan’s Preferred
Alternative described below. The goals
of this Plan are to restore resource
conditions on the National Mall; better
prepare it for the intense levels of use
from First Amendment demonstrations,
national celebrations, events, and
annual visitation; and provide an
enhanced experience for the visitors to
this symbolic and historic cultural
landscape.
During the preparation of the DEIS,
the National Park Service (NPS) issued
four newsletters about the Plan,
including one which described a
preliminary Preferred Alternative. The
NPS issued press releases, contacted
and worked with media to encourage
public involvement, posted the DEIS on
the NPS project Web site, sent out over
13,000 e-mail announcements, issued
four ‘‘tweets,’’ held consultation
meetings about historic preservation,
and made informational presentations to
the U.S. Commission of Fine Arts and
the National Capital Planning
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Commission, which were open to the
public. The NPS distributed over 5800
copies of the DEIS on CD and
approximately 175 printed copies. The
availability of the DEIS was announced
on December 18, 2009 (74 FR 67206).
Comments received during the 90-day
public comment period (December 18,
2009—March 17, 2010), as well as
approximately 30,000 comments
received before the DEIS was published,
were considered in the preparation of
the two-volume FEIS. Volume I of the
FEIS includes revisions to the FEIS
based on public comments received
during review of the Plan. Volume II of
the FEIS summarizes and provides the
NPS response to public comments
received on the Plan.
The National Mall Plan Alternatives
The following elements are common
to all alternatives:
• The National Mall and Memorial
Parks will fully accommodate
demonstrations and special events on a
first-come, first-served basis, consistent
with the First Amendment and with 36
CFR 7.96.
• Cultural resources will be
preserved, protected, and managed in
accordance with The Secretary of the
Interior’s Standards and with the
general recommendations of cultural
landscape reports and inventories.
No-Action Alternative Under the NoAction Alternative, current management
of the National Mall would remain
unchanged. Existing spaces which have
not been designed for the current level
of use would continue to experience a
high level of wear and tear, affecting the
historic landscape, with the large
amount of deferred maintenance and
aging infrastructure, pedestrian and
bicycle circulation issues, and the lack
of adequate visitor facilities left
unaddressed.
Preferred Alternative The Preferred
Alternative is the NPS’s proposed
course of action. Its intent is to establish
a sense of place and an overall identity
for the National Mall, combining the
most desirable components of each of
the alternatives as well as the focused
emphasis of Alternatives A, B, and C.
Under the Preferred Alternative, the
historic landscape of the National Mall,
with its memorials and planned vistas,
would be protected, and the designed
landscape would evolve and be
respectfully rehabilitated. The National
Mall would be refurbished to become
the preeminent civic stage for the
Nation, capable of accommodating very
high levels of use, with the needs of
visitors being met in an energy-efficient
and sustainable manner. Also under the
Preferred Alternative, the pedestrian
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environment would be improved and
recreational activities would be
expanded by redesigning some areas,
increasing recreational equipment
rentals, and emphasizing connections to
the recreational opportunities in
adjacent parks, thereby contributing to
the concept of healthy lifestyles, healthy
parks, and healthy, more sustainable
cities.
Alternative A—Focus on the Historic
Landscape and Education. Alternative
A would focus on restoring and
maintaining the resources of the
National Mall as a historic landscape.
The designed historic landscape would
evolve and change over time, reflecting
significant national events.
Contemporary uses would be
accommodated while respecting the
planned historic character and visions
of the L’Enfant and McMillan Plans.
Alternative B—Focus on a Welcoming
National Civic Space for Public
Gatherings, Events, and High-Use
Levels. Alternative B would focus on
improving the National Mall to be the
nation’s premier civic space. Alternative
B would support very high levels of use,
emphasizing the National Mall’s
evolving ceremonial, celebratory,
cultural, and visitor uses. Some areas
would be redesigned to provide a more
sustainable civic forum and a stage for
First Amendment demonstrations and
other events.
Alternative C—Focus on Urban Open
Space, Urban Ecology, Recreation, and
Healthy Lifestyles. Alternative C would
focus on meeting the evolving
recreational needs in the Nation’s
capital by providing beautiful,
enjoyable, and ecologically sustainable
open spaces that could be adapted to
changing recreational patterns of diverse
local and national users.
Dated: June 15, 2010.
Margaret O’Dell,
Regional Director, National Capital Region.
[FR Doc. 2010–16952 Filed 7–12–10; 8:45 am]
BILLING CODE 4312–39–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Liquor Control Ordinance for the
Manchester Band of Pomo Indians of
the Manchester-Point Arena Rancheria
AGENCY: Bureau of Indian Affairs,
Interior.
ACTION: Notice.
SUMMARY: This notice publishes the
Liquor Control Ordinance of the
Manchester Band of Pomo Indians of the
Manchester-Point Arena Rancheria. The
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39970
Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
Ordinance regulates and controls the
possession, sale and consumption of
liquor within the Manchester-Point
Arena Rancheria tribal land. The tribal
land is located on trust land and this
Ordinance allows for the possession and
sale of alcoholic beverages. This
Ordinance will increase the ability of
the tribal government to control the
distribution and possession of liquor
within their tribal land, and at the same
time will provide an important source of
revenue and strengthening of the tribal
government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is
effective July 13, 2010.
FOR FURTHER INFORMATION CONTACT: Fred
Doka Jr., Tribal Operations Officer,
Pacific Regional Office, 2800 Cottage
Way, Sacramento, CA 95825, Telephone
(916) 978–6067; or Elizabeth
Colliflower, Office of Tribal Services,
1849 C Street, NW., Mail Stop 4513–
MIB, Washington, DC 20240; Telephone
(202) 513–7641; 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 Business Committee for the
Manchester Band of Pomo Indians
adopted this liquor control ordinance on
May 30, 2009. The purpose of this
Ordinance is to govern the sale,
possession and distribution of alcohol
within the Manchester-Point Arena
Rancheria tribal land. This notice is
published in accordance with the
authority delegated by the Secretary of
the Interior to the Assistant SecretaryIndian Affairs. I certify that this Liquor
Control Ordinance of the Manchester
Band of Pomo Indians of the
Manchester-Point Arena Rancheria was
duly adopted by Resolution No. 2009–
502–30–09 by the Tribe’s Business
Committee on May 30, 2009.
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SUPPLEMENTARY INFORMATION:
Dated: July 2, 2010.
Del Laverdure,
Deputy Assistant Secretary—Indian Affairs.
The Liquor Control Ordinance for the
Manchester Band of Pomo Indians of the
Manchester-Point Arena Rancheria reads as
follows:
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ORDINANCE GOVERNING THE SALE,
CONSUMPTION, AND POSSESSION OF
ALCOHOLIC BEVERAGES AT THE TRIBE’S
CASINO
Sale, Possession, and Consumption of
Alcoholic Beverages
The Business Committee of the Manchester
Band of Pomo Indians (hereinafter ‘‘Tribe’’),
hereby enacts this Ordinance to govern the
sale and consumption of alcoholic beverages
on Rancheria lands in Mendocino County,
California.
Preamble
A. Title 18, United States Code, Section
1161, provides Indian tribes with authority to
enact ordinances governing the consumption
and sale of alcoholic beverages on their
Reservations provided such ordinance is
certified by the Secretary of the Interior and
published in the Federal Register and such
activities are in conformity with state law.
B. Pursuant to Article III of the Tribe’s
Constitution, the Community Council is the
governing body of the Tribe. Pursuant to
Resolution #0025 of the Community Council,
dated 12–17–81, the Community Council
delegated to the Business Committee full
authority to promulgate ordinances as it finds
necessary to the safe and productive
environment on the Rancheria and for the
Tribe’s members, its economic development
projects. Pursuant to that delegation of
authority, and to the inherent authority of the
Tribe and its members, the Business
Committee is empowered to promulgate and
enforce tribal laws exercising the Tribe’s
regulatory authority, to manage all economic
affairs and enterprises of the Tribe for the
protection of public health and safety, to
administer all lands and assets and manage
all economic affairs, planning and enterprises
of the Tribe, and to regulate the conduct of
all persons who enter the jurisdiction of the
Tribe.
C. Pursuant to Article I of the Tribe’s
Constitution, the territorial jurisdiction of the
Tribe includes the territory within the
confines of the Manchester Rancheria, and
such other lands as may hereafter be added
thereto under any law of the United States.
D. The Casino will be an integral and
indispensable part of the Tribe’s economy,
providing income to the Tribe and training
and employment to its members. The Tribe
has determined that it is in the Tribe’s best
interest to offer alcoholic beverages for sale
and consumption in the Casino.
E. It is the purpose of this Ordinance to set
out the terms and conditions under which
the sale and consumption of said alcoholic
beverages may take place at the Casino.
General Terms
1. The sale of alcoholic beverages within
the Casino, for on-Premises (within the
Casino) consumption only, is hereby
authorized.
2. No alcoholic beverages may be sold at
any location on the Rancheria other than
inside the Casino.
3. The sale of said alcoholic beverages
authorized by this Ordinance shall be in
conformity with all applicable laws of the
State of California, and the sale of said
beverages shall be subject to state sales tax,
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federal excise tax and any fees required by
the Federal Bureau of Alcohol, Tobacco &
Firearms. This includes but is not limited to
the following examples:
a. No person under the age of 21 years shall
consume, acquire or have in his or her
possession at the Casino any alcoholic
beverage.
b. No person shall sell alcohol to any
person under the age of 21 at the Casino.
c. No person shall sell alcohol to a person
apparently under the influence of alcohol at
the Casino.
4. Where there may be a question of a
person’s right to purchase alcohol by reason
of his or her age, such person shall be
required to present any one of the following
types of identification which shows his or
her correct age and bears his or her signature
and photograph: (1) Driver’s license or
identification card issued by any state
Department of Motor Vehicles; (2) United
States Active Duty Military card; (3) passport.
5. All alcohol sales within the Casino 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.
Posting
6. This Ordinance shall be conspicuously
posted within the Casino at all times it is
open to the public.
Enforcement
7. This Ordinance may be enforced by the
Business Committee and by any additional
tribal government agencies to which the
Business Committee or Community Council
may from time to time by resolution delegate
such enforcement powers. Enforcement
sanctions may include, but are not limited to,
the assessment of monetary fines not to
exceed $500 and revocation of authorization
to sell alcohol at the Casino. Prior to any
enforcement action, any alleged violator of
this Ordinance shall be provided with at least
three (3) days notice in writing of an
opportunity to be heard during a hearing at
which due process is provided. The decision
of the Business Committee or other agency
with delegated authority after such hearing
shall be final.
Severability
8. If any provision or application of this
Ordinance is determined by the Business
Committee, Community Councilor other
agency with delegated authority to be
invalid, such adjudication shall not be held
to render ineffectual the remaining portions
of this Ordinance or to render such
provisions inapplicable to other
circumstances.
Amendment
9. This Ordinance may only be amended
by a majority vote of the Business Committee
or Community Council and such amendment
shall be subject to the provisions of Title 18,
United States Code, Section 1161.
Sovereign Immunity
10. Nothing in this Ordinance in any way
limits, alters, restricts or waives the Tribe’s
sovereign immunity from unconsented suit,
claim, or action.
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Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Notices
Effective Date
11. This Ordinance shall not be effective
until it is certified by the Secretary of the
Interior and published in the Federal
Register.
United States consumers, it finds that such
articles should not be excluded from entry.
Dated: June 28, 2010.
Ken Salazar,
Secretary of the Interior.
[FR Doc. 2010–16985 Filed 7–12–10; 8:45 am]
BILLING CODE 1310–JA–P
CERTIFICATION
The foregoing Ordinance was adopted by a
vote of 1 for, and 0 against and 0 abstentions,
at a duly called meeting of the Business
Committee of the Manchester Band of Pomo
Indians of the Manchester Rancheria at
which a quorum was present, on this 30th
day of May, 2009.
s/Nelson Pinola, Tribal Chair
ATTEST
s/Eloisa Oropeza, Tribal Secretary
[FR Doc. 2010–16999 Filed 7–12–10; 8:45 am]
DEPARTMENT OF THE INTERIOR
[LLAK910000 L13100000.DB0000
LXSINSSI0000]
Notice of Reestablishment of the North
Slope Science Initiative Science
Technical Advisory Panel
AGENCY: Bureau of Land Management,
Interior.
Notice.
SUMMARY: This notice is published in
accordance with Section 9(a)(2) of the
Federal Advisory Committee Act of
1972 (Pub. L. 92–463). Notice is hereby
given that the Secretary of the Interior
(Secretary) has re-established the
Bureau of Land Management’s (BLM)
North Slope Science Initiative (NSSI)
Science Technical Advisory Panel
(Panel).
FOR FURTHER INFORMATION CONTACT:
Allison Sandoval, BLM Advisory
Committee Lead (600), Bureau of Land
Management, 1620 L Street, NW., MS–
LS–401, Washington, DC 20036,
telephone (202) 912–7434.
The
purpose of the Panel is to advise the
NSSI Executive Director and NSSI
Oversight Group on the inventory,
monitoring, and research needed on the
North Slope of Alaska, including the offshore environments.
Certification Statement: I hereby
certify that the reestablishment of the
North Slope Science Initiative Science
Technical Advisory Panel is necessary
and in the public interest in connection
with the Secretary’s responsibilities to
manage the lands, resources, and
facilities administered by the BLM.
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SUPPLEMENTARY INFORMATION:
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16:44 Jul 12, 2010
Jkt 220001
Notice of Delegation of Authority to
Secretary to the Commission To
Publish Notice of the Receipt of
Complaints Under Section 337 of the
Tariff Act of 1930 and To Solicit
Comments Relating to the Public
Interest
Notice is hereby given that
the U.S. International Trade
Commission has determined to delegate
authority to the Secretary to the
Commission to publish notice of the
receipt of future complaints under
section 337 of the Tariff Act of 1930 and
to solicit comments relating to the
public interest.
DATES: Effective Date: July 8, 2010.
FOR FURTHER INFORMATION CONTACT:
James A. Worth, Office of the General
Counsel, U.S. International Trade
Commission, 500 E Street, SW.,
Washington, DC 20436, telephone (202)
205–3065. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
hours (8:45 a.m. to 5:15 p.m.) in the
Office of the Secretary, U.S.
International Trade Commission, 500 E
Street, SW., Washington, DC 20436,
telephone (202) 205–2000. General
information concerning the Commission
may also be obtained by accessing its
Internet server (https://www.usitc.gov).
The public record for this investigation
may be viewed on the Commission’s
electronic docket (EDIS) at https://
edis.usitc.gov. Hearing-impaired
persons are advised that information on
this matter can be obtained by
contacting the Commission’s TDD
terminal on (202) 205–1810.
SUPPLEMENTARY INFORMATION: Section
337 of the Tariff Act of 1930 (‘‘section
337’’) provides that if the Commission
finds a violation it shall exclude the
articles concerned from the United
States:
SUMMARY:
Bureau of Land Management
ACTION:
INTERNATIONAL TRADE
COMMISSION
AGENCY: U.S. International Trade
Commission.
ACTION: Notice.
BILLING CODE 4310–4J–P
unless, after considering the effect of such
exclusion upon the public health and
welfare, competition conditions in the
United States economy, the production of
like or directly competitive articles in the
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39971
19 U.S.C. 1337(d)(1). The statute
contains a similar provision in relation
to cease and desist orders. 19 U.S.C.
1337(f)(1).
The Commission has determined to
delegate to the Secretary to the
Commission the authority to publish
notice of receipt of a complaint and, in
such a notice, to solicit comments on
any public interest issues raised by the
complaint.
This action is taken under the
authority of section 337 of the Tariff Act
of 1930, as amended (19 U.S.C. 1337),
and of sections 201.10 and 210.50(a)(4)
of the Commission’s Rules of Practice
and Procedure (19 CFR 201.10,
210.50(a)(4)).
Issued: July 8, 2010.
By order of the Commission.
Marilyn R. Abbott,
Secretary to the Commission.
[FR Doc. 2010–17016 Filed 7–12–10; 8:45 am]
BILLING CODE 7020–02–P
INTERNATIONAL TRADE
COMMISSION
[Inv. No. 337–TA–726]
In the Matter of Certain Electronic
Imaging Devices; Notice of
Investigation
AGENCY: U.S. International Trade
Commission.
ACTION: Institution of investigation
pursuant to 19 U.S.C. 1337.
SUMMARY: Notice is hereby given that a
complaint was filed with the U.S.
International Trade Commission on May
13, 2010, under section 337 of the Tariff
Act of 1930, as amended, 19 U.S.C.
1337, on behalf of FlashPoint
Technology, Inc. of Peterborough, New
Hampshire. An amended complaint was
filed on June 16, 2010. The complaint
alleges violations of section 337 based
upon the importation into the United
States, the sale for importation, and the
sale within the United States after
importation of certain electronic
imaging devices by reason of
infringement of certain claims of U.S.
Patent No. 6,134,606 (‘‘the ’606 patent’’);
U.S. Patent No. 6,163,816 (‘‘the ’816
patent’’); and U.S. Patent No. 6,262,769
(‘‘the ’769 patent’’) The complaint
further alleges that an industry in the
United States exists as required by
subsection (a)(2) of section 337.
The complainant requests that the
Commission institute an investigation
and, after the investigation, issue an
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Agencies
[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 39969-39971]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16999]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Liquor Control Ordinance for the Manchester Band of Pomo Indians
of the Manchester-Point Arena Rancheria
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Liquor Control Ordinance of the
Manchester Band of Pomo Indians of the Manchester-Point Arena
Rancheria. The
[[Page 39970]]
Ordinance regulates and controls the possession, sale and consumption
of liquor within the Manchester-Point Arena Rancheria tribal land. The
tribal land is located on trust land and this Ordinance allows for the
possession and sale of alcoholic beverages. This Ordinance will
increase the ability of the tribal government to control the
distribution and possession of liquor within their tribal land, and at
the same time will provide an important source of revenue and
strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective July 13, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC
20240; Telephone (202) 513-7641; Fax (202)-501-0679.
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 Business Committee for the
Manchester Band of Pomo Indians adopted this liquor control ordinance
on May 30, 2009. The purpose of this Ordinance is to govern the sale,
possession and distribution of alcohol within the Manchester-Point
Arena Rancheria 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
Ordinance of the Manchester Band of Pomo Indians of the Manchester-
Point Arena Rancheria was duly adopted by Resolution No. 2009-502-30-09
by the Tribe's Business Committee on May 30, 2009.
Dated: July 2, 2010.
Del Laverdure,
Deputy Assistant Secretary--Indian Affairs.
The Liquor Control Ordinance for the Manchester Band of Pomo
Indians of the Manchester-Point Arena Rancheria reads as follows:
ORDINANCE GOVERNING THE SALE, CONSUMPTION, AND POSSESSION OF ALCOHOLIC
BEVERAGES AT THE TRIBE'S CASINO
Sale, Possession, and Consumption of Alcoholic Beverages
The Business Committee of the Manchester Band of Pomo Indians
(hereinafter ``Tribe''), hereby enacts this Ordinance to govern the
sale and consumption of alcoholic beverages on Rancheria lands in
Mendocino County, California.
Preamble
A. Title 18, United States Code, Section 1161, provides Indian
tribes with authority to enact ordinances governing the consumption
and sale of alcoholic beverages on their Reservations provided such
ordinance is certified by the Secretary of the Interior and
published in the Federal Register and such activities are in
conformity with state law.
B. Pursuant to Article III of the Tribe's Constitution, the
Community Council is the governing body of the Tribe. Pursuant to
Resolution 0025 of the Community Council, dated 12-17-81,
the Community Council delegated to the Business Committee full
authority to promulgate ordinances as it finds necessary to the safe
and productive environment on the Rancheria and for the Tribe's
members, its economic development projects. Pursuant to that
delegation of authority, and to the inherent authority of the Tribe
and its members, the Business Committee is empowered to promulgate
and enforce tribal laws exercising the Tribe's regulatory authority,
to manage all economic affairs and enterprises of the Tribe for the
protection of public health and safety, to administer all lands and
assets and manage all economic affairs, planning and enterprises of
the Tribe, and to regulate the conduct of all persons who enter the
jurisdiction of the Tribe.
C. Pursuant to Article I of the Tribe's Constitution, the
territorial jurisdiction of the Tribe includes the territory within
the confines of the Manchester Rancheria, and such other lands as
may hereafter be added thereto under any law of the United States.
D. The Casino will be an integral and indispensable part of the
Tribe's economy, providing income to the Tribe and training and
employment to its members. The Tribe has determined that it is in
the Tribe's best interest to offer alcoholic beverages for sale and
consumption in the Casino.
E. It is the purpose of this Ordinance to set out the terms and
conditions under which the sale and consumption of said alcoholic
beverages may take place at the Casino.
General Terms
1. The sale of alcoholic beverages within the Casino, for on-
Premises (within the Casino) consumption only, is hereby authorized.
2. No alcoholic beverages may be sold at any location on the
Rancheria other than inside the Casino.
3. The sale of said alcoholic beverages authorized by this
Ordinance shall be in conformity with all applicable laws of the
State of California, and the sale of said beverages shall be subject
to state sales tax, federal excise tax and any fees required by the
Federal Bureau of Alcohol, Tobacco & Firearms. This includes but is
not limited to the following examples:
a. No person under the age of 21 years shall consume, acquire or
have in his or her possession at the Casino any alcoholic beverage.
b. No person shall sell alcohol to any person under the age of
21 at the Casino.
c. No person shall sell alcohol to a person apparently under the
influence of alcohol at the Casino.
4. Where there may be a question of a person's right to purchase
alcohol by reason of his or her age, such person shall be required
to present any one of the following types of identification which
shows his or her correct age and bears his or her signature and
photograph: (1) Driver's license or identification card issued by
any state Department of Motor Vehicles; (2) United States Active
Duty Military card; (3) passport.
5. All alcohol sales within the Casino 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.
Posting
6. This Ordinance shall be conspicuously posted within the
Casino at all times it is open to the public.
Enforcement
7. This Ordinance may be enforced by the Business Committee and
by any additional tribal government agencies to which the Business
Committee or Community Council may from time to time by resolution
delegate such enforcement powers. Enforcement sanctions may include,
but are not limited to, the assessment of monetary fines not to
exceed $500 and revocation of authorization to sell alcohol at the
Casino. Prior to any enforcement action, any alleged violator of
this Ordinance shall be provided with at least three (3) days notice
in writing of an opportunity to be heard during a hearing at which
due process is provided. The decision of the Business Committee or
other agency with delegated authority after such hearing shall be
final.
Severability
8. If any provision or application of this Ordinance is
determined by the Business Committee, Community Councilor other
agency with delegated authority to be invalid, such adjudication
shall not be held to render ineffectual the remaining portions of
this Ordinance or to render such provisions inapplicable to other
circumstances.
Amendment
9. This Ordinance may only be amended by a majority vote of the
Business Committee or Community Council and such amendment shall be
subject to the provisions of Title 18, United States Code, Section
1161.
Sovereign Immunity
10. Nothing in this Ordinance in any way limits, alters,
restricts or waives the Tribe's sovereign immunity from unconsented
suit, claim, or action.
[[Page 39971]]
Effective Date
11. This Ordinance shall not be effective until it is certified
by the Secretary of the Interior and published in the Federal
Register.
CERTIFICATION
The foregoing Ordinance was adopted by a vote of 1 for, and 0
against and 0 abstentions, at a duly called meeting of the Business
Committee of the Manchester Band of Pomo Indians of the Manchester
Rancheria at which a quorum was present, on this 30th day of May,
2009.
s/Nelson Pinola, Tribal Chair
ATTEST
s/Eloisa Oropeza, Tribal Secretary
[FR Doc. 2010-16999 Filed 7-12-10; 8:45 am]
BILLING CODE 4310-4J-P