Reno-Sparks Indian Colony Liquor Control Ordinance, 62853-62856 [2010-25785]
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
generating project on this site. The
Approved PA revises the CDCA Plan to
allow for the development of the
Lucerne Valley Solar Project on 422
acres of land managed by the BLM with
other ancillary structures and facilities.
The selected alternative (up to 45 MW
of generated power) is a combination of
Alternative 3, the Proposed Action, and
Alternative 4, Modified Site Layout.
This combination of alternatives
includes all of the features in
Alternative 4, with the exception of
rerouting some of the surface water
drainage to provide additional water to
the vegetative screen area. The surface
water would follow the natural
pathways as identified in Alternative 3.
The Final Environmental Impact
Statement/Proposed PA was published
in the Federal Register on August 13,
2010 (75 FR 49515), initiating a 30-day
protest period and concurrent 30-day
comment period.
Two comment letters and one protest
letter were received, considered, and
incorporated as appropriate into the
ROD/Approved PA. Public comments
and protests did not significantly
change the decisions in the ROD/
Approved PA. The State of California
Governor’s consistency review did not
identify any inconsistencies between
the proposed project and state and local
plans, policies or programs.
Authority: 40 CFR 1506.6.
Robert V. Abbey,
Director, Bureau of Land Management.
[FR Doc. 2010–25724 Filed 10–12–10; 8:45 am]
BILLING CODE 4310–40–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CACA–47740, LLCAD07000,
L51030000.FX0000, LVRAB109AA01]
Notice of Availability of the Record of
Decision for the Imperial Valley Solar
Project and Associated Amendment to
the California Desert Conservation
Area Resource Management PlanAmendment, Imperial County,
California
AGENCY:
Bureau of Land Management,
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Interior.
ACTION: Notice of Availability.
The Bureau of Land
Management (BLM) announces the
availability of the Record of Decision
(ROD)/Approved Amendment to the
California Desert Conservation Area
(CDCA) Plan (the applicable Resource
Management Plan (RMP) for the project
site and the surrounding areas) located
SUMMARY:
VerDate Mar<15>2010
17:22 Oct 12, 2010
Jkt 223001
in the California Desert District. The
Secretary of the Interior approved the
ROD on October 5, 2010, which
constitutes the final decision of the
Department and makes the Approved
Amendment to the CDCA Plan effective
immediately.
ADDRESSES: Copies of the ROD/
Approved Amendment to the CDCA
Plan are available upon request from the
Field Manager, El Centro Field Office,
Bureau of Land Management, 1661 S.
4th Street, El Centro, California, 92243
or via the internet at the following Web
site: https://www.blm.gov/ca/st/en/fo/
elcentro/nepa/stirling.html.
FOR FURTHER INFORMATION CONTACT: Jim
Stobaugh, BLM Project Manager;
telephone: (775) 861–6478; mailing
address: Bureau of Land Management,
P.O. Box 12000, Reno, Nevada 89520; or
e-mail at Jim_Stobaugh@blm.gov.
SUPPLEMENTARY INFORMATION: Stirling
Energy Systems (SES) filed right-of-way
(ROW) application CACA–47740 for the
proposed SES Solar Two Project. After
merging with Tessera Solar, the
applicant changed its name to Imperial
Valley Solar, LLC, and changed the
name of the project to the Imperial
Valley Solar LLC (IVS) project. The IVS
project is a concentrated solar electrical
generating facility using the proprietary
SunCatcher technology and facilities.
The IVS project site is proposed on
approximately 6,360 acres of BLMmanaged lands in Imperial County,
California, approximately 4 miles east of
the community of Ocotillo, and 14 miles
west of the City of El Centro. In addition
to the SunCatcher fields site, the project
includes an 230 kilovolt electrical
transmission line that encumbers
approximately 93 acres of public lands
from the site to an off-site existing San
Diego Gas and Electric substation, a
water supply pipeline that encumbers
approximately 4 acres of public lands
from an off-site water treatment plant to
the project site, and a new 230 kilovolt
substation, a main services complex,
with other ancillary structures and
facilities within the project site.
The project site is in the California
Desert District within the planning
boundary of the CDCA Plan, which is
the applicable RMP for the project site
and the surrounding areas. The CDCA
Plan, while recognizing the potential
compatibility of solar generation
facilities on public lands, requires that
all sites associated with power
generation or transmission not already
identified in that Plan be considered
through the BLM’s land use plan
amendment process. As a result, prior to
approval of a ROW grant for the IVS
project, the BLM must amend the CDCA
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62853
Plan to allow that solar generating
project on that site. The Approved
Amendment to the CDCA Plan
specifically revises the CDCA Plan to
allow for the development of the IVS
project on the 6,360 acres of land
managed by the BLM with other
ancillary structures and facilities.
The BLM preferred alternative would
result in the placement of
approximately 28,360 SunCatchers on
the site capable of generating
approximately 709 megawatts (MW) of
electricity. The 709 MW Alternative was
not evaluated in the Draft
Environmental Impact Statement (EIS);
it is a modification of the 750 MW
project evaluated in the Draft EIS. The
709 MW Alternative was evaluated in
the Final EIS. The Notice of Availability
of the Final EIS for the IVS project and
the proposed CDCA Plan amendment
was published in the Federal Register
on July 28, 2010 (75 FR 44278).
Publication of the Notice of
Availability for the Final EIS initiated a
30-day protest period for the proposed
amendment to the CDCA Plan. At the
close of the protest period on August 27,
2010, 7 timely and complete written
protests were received and resolved.
Their resolution is summarized in a
Protest Resolution Report attached to
the ROD. The proposed amendment to
the CDCA Plan was not modified as a
result of the protest resolution.
Simultaneous to the protest period, the
Governor of California conducted a 30day consistency review of the proposed
CDCA Plan amendment/Final EIS to
identify any inconsistencies with the
state or local plan, policies, or programs.
The California Governor’s office did not
identify inconsistencies between the
proposed amendment to the CDCA
Plan/Final EIS and state or local plan,
policies, or programs.
Because this decision is approved by
the Secretary of the Interior, it is not
subject to appeal (43 CFR 4.410(a)(3)).
Therefore, the decision is effective
immediately.
Authority: 40 CFR 1506.6.
Robert V. Abbey,
Director, Bureau of Land Management.
[FR Doc. 2010–25723 Filed 10–12–10; 8:45 am]
BILLING CODE 4310–40–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Reno-Sparks Indian Colony Liquor
Control Ordinance
AGENCY:
Bureau of Indian Affairs,
Interior.
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ACTION:
Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
Notice.
This notice publishes the
Secretary’s certification of the Liquor
Control Ordinance of the Reno-Sparks
Indian Colony. The enactment of this
Ordinance allows the Wal-Mart
Superstore to sell liquor on tribal lands,
which will general millions of dollars in
sales revenue and increase funding for
essential government services provided
by the Reno-Sparks Indian Colony. The
ordinance will increase the ability of the
tribal government to control the
distribution and possession of liquor
within their reservation.
DATES: Effective Date: This Ordinance is
effective as of October 13, 2010.
FOR FURTHER INFORMATION CONTACT:
Sharlot Johnson, Tribal Government
Services Officer, Western Regional
Office, 2600 North Central Avenue,
Phoenix, Arizona 85004–3050,
Telephone (602) 379–6786; Fax (602)
379–4100; or Elizabeth Colliflower,
Office of Tribal Services, 1849 C Street,
NW., Mail Stop 4513–MIB, Washington,
DC 20240; Telephone (202) 513–7641;
Fax (202) 208–5113.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Reno-Sparks Indian Colony adopted
Liquor Control Ordinance No. 14–A on
June 30, 2010.
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 Tribal Council of the
Reno-Sparks Indian Colony duly
adopted this Liquor Control Ordinance
on June 30, 2010.
SUMMARY:
Dated: October 5, 2010.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
The Liquor Ordinance for the RenoSparks Indian Colony reads as follows:
ORDINANCE NO. 14–A
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RENO–SPARKS INDIAN COLONY
LIQUOR CONTROL ORDINANCE
AN ORDINANCE TO GENERALLY
REVISE AND RECODIFY THE RENO–
SPARKS INDIAN COLONY LIQUOR
CONTROL LAWS.
WHEREAS, the RSIC has previously
regulated the introduction,
possession, sale and consumption of
liquor under Ordinance 14 (approved
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June 8, 1977) and Title 5, Section 5–
70–140 (approved April 25 1984); and
WHEREAS, the enactment of this
Ordinance is required to allow the
Wal-Mart Superstore to open on RSIC
lands, which will generate millions of
dollars in sales revenue to fund
essential government services and
purposes of the RSIC; and
WHEREAS, when this Ordinance 14–A
replaces and repeals RSIC’s prior
ordinances, the Reno-Sparks Indian
Colony will continue to be a ‘‘dry’’
reservation where the possession or
consumption of liquor will continue
to be strictly prohibited and enforced;
and
WHEREAS, the only exception to the
liquor prohibition is where a business
(such as Wal-Mart) or person gets a
License from the Tribal Council, but
even where a License is issued, the
Tribal Council can prohibit or limit
liquor consumption on the Licensed
Premises; and
NOW, THEREFORE, BE IT RESOLVED,
that the Reno-Sparks Tribal Council
hereby revises, and requests that the
Secretary of the Interior to publish its
liquor control Ordinance to
accomplish these purposes and
renumbers the Ordinance as
Ordinance 14A, which shall repeal
and supersede Ordinance 14 and Title
5, Section 5–70–140.
Section I—Introduction
A. Title. This Ordinance shall be
known as the ‘‘Reno-Sparks Indian
Colony Liquor Control Ordinance’’ and
is enacted for the purposes set forth
herein.
B. Authority. This Ordinance is
enacted pursuant to the Act of August
15, 1953, 67 Stat. 586 (codified at 18
U.S.C. Section 1161) and Article VI,
Section I (g) of the Reno-Sparks Indian
Colony Constitution, and by the
authority of the Reno-Sparks Indian
Colony duly elected Tribal Council.
C. Territorial Scope. This Ordinance
shall apply to all trust lands of the
Reno-Sparks Indian Colony and lands
within the exterior boundary of the
Reno-Sparks Indian Colony.
D. Effective Date. This Ordinance
shall be effective upon approval by the
Secretary of the Interior and publication
in the Federal Register.
Section II—General Provisions
A. Definitions. As used in this
Ordinance, the following words shall
have the following meanings unless the
context plainly requires otherwise:
(i) ‘‘Alcohol’’ shall mean that
substance known as ethyl alcohol,
hydrated oxide or ethyl, or spirit or
wine, which is commonly produced by
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the fermentation or distillation of grain,
starch, molasses, sugar or other
substances including all dilutions and
mixtures of those substances.
(ii) ‘‘Alcoholic Beverage’’ is
synonymous with the term ‘‘Liquor’’ as
defined by this ordinance.
(iii) ‘‘Beer’’ shall mean any beverage
obtained by the alcoholic fermentation
of any infusion or decoction of pure
hops, or pure extract of hops and pure
barley malt or other wholesome grain of
cereal or any combination thereof.
(iv) ‘‘Legal Age’’ shall mean the age
established by Nevada law for the
consumption, purchase and/or
possession of alcoholic beverages.
(v) ‘‘License’’ shall mean the license
issued under Section V.
(vi) ‘‘Licensee’’ shall mean the person
or entity authorized to sell Liquor, Beer
or Wine by a License issued by the
RSLCC.
(vii) ‘‘Licensed Premises’’ shall mean
the property where a Licensee is
authorized to sell liquor.
(viii) ‘‘Liquor’’ shall mean all
fermented spirituous, vinous, or malt
liquor or combination thereof, and
mixed liquor, a part of which is
fermented, and every liquid or solid or
semisolid or other substance, patented
or not, containing distilled or rectified
spirits, potable alcohol, beer, wine,
brandy, whiskey, rum, gin, aromatic
bitters, and all drinks or drinkable
liquids and all preparations or mixtures
capable of human consumption and any
liquid, semisolid, solid, or other
substances, which contains more than
one half of one percent alcohol.
(ix) ‘‘Liquor Control Commission’’ or
‘‘RSLCC’’ shall mean the Tribal Council
of the Reno-Sparks Indian Colony.
(x) ‘‘Membership’’ shall mean the
enrolled membership of the RenoSparks Indian Colony as approved by
official action of the Reno-Sparks Tribal
Council.
(xi) ‘‘Ordinance’’ shall mean the RenoSparks Indian Colony Liquor Control
Ordinance.
(xii) ‘‘Package’’ shall mean any
container or receptacle used for holding
liquor.
(xiii) ‘‘Retailer’’ shall mean any
business licensed by the Liquor Control
Commission to sell liquor for off
premises consumption.
(xiv) ‘‘RSIC’’ shall mean the RenoSparks Indian Colony.
(xv) ‘‘RSIC Land’’ shall mean all land
held in trust by the United States
Government for the Reno-Sparks Indian
Colony.
(xvi) ‘‘Sale’’ or ‘‘Sell’’ shall mean the
exchange, barter and traffic of liquor by
any person to any person for
consumption.
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
(xvii) ‘‘Tribal Council’’ shall mean the
governing body of the Reno-Sparks
Indian Colony.
(xviii) ‘‘Tribal Court’’ shall mean the
Reno-Sparks Indian Colony Tribal
Court.
(xix) ‘‘Wine’’ shall mean any alcoholic
beverage obtained by fermentation of
fruits (grapes, berries, apples, etc.) or
other agricultural product containing
sugar.
B. Declaration of Policy and Purpose.
(i) The introduction, possession, sale
and use of liquor on the Reno-Sparks
Indian Colony is a matter of special
concern to the RSIC.
(ii) Federal law currently prohibits the
introduction of liquor into Indian
Country (18 U.S.C. Section 1154),
except as provided therein and
expressly delegates to the tribes the
decision regarding when and to what
extent the sale, possession, and
consumption of liquor shall be
permitted.
(iii) The RSIC has previously adopted
an ordinance legalizing introduction,
sale or possession of intoxicants
(Ordinance 14).
(iv) The RSIC has previously adopted
an ordinance criminalizing the
possession of alcoholic beverages (Title
5—Section 5–70–140 Possession of
Alcoholic Beverages).
(v) The RSIC Tribal Council finds that
a need exists to revise and update the
RSIC’s laws regarding the introduction,
sale, possession and use of liquor and
alcohol and that this ordinance repeals
and replaces all previously adopted
liquor ordinances, including Ordinance
14 and Title 5—Section 5–70–140.
(vi) The RSIC Tribal Council adopts
this Ordinance for the purposes set forth
in the ‘‘Whereas’’ clauses set forth above.
C. General Prohibition. It shall be a
violation of this Ordinance to introduce,
sell, possess or consume liquor on RSIC
Land except upon the terms, conditions,
limitations, and restrictions specified
herein.
D. Conformity with State and Federal
Law. RSIC authorized introduction, sale,
possession, or use of liquor shall
comply with the Nevada State Liquor
law standards of general applicability
throughout the State to the extent
required by 18 U.S.C. Section 1161 and
other federal law. Nothing in this
ordinance shall constitute or be
construed as a waiver of RSIC sovereign
immunity or the RSIC’s consent to the
jurisdiction by the state of Nevada over
matters coming within the purview of
this ordinance.
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Section III—Liquor Control
Commission
A. There is hereby established the
Reno-Sparks Liquor Control
Commission (‘‘RSLCC’’).
B. Membership of the RSLCC shall be
composed of the nine (9) members of
the Tribal Council. No member of the
RSLCC shall have any interest in a
Licensed Premises or an entity that sells
liquor on a Licensed Premises.
C. The RSLCC is empowered to:
(i) Promulgate such rules and
regulations as may be necessary and
desirable for the proper implementation
and enforcement of this Ordinance.
(ii) License, regulate, supervise,
inspect and oversee all liquor
transactions, and premises and persons
involved therewith.
(iii) Hire such employees as are
necessary to carry out the powers and
duties of the Commission.
(iv) Issue Licenses permitting the sale
of liquor on RSIC Land.
(v) Inspect the premises on which
liquor is sold at all reasonable times for
the purposes of ascertaining whether the
rules and regulations of this Ordinance
are being complied with.
(vi) Hold hearings on violations of the
Ordinance or for the issuance or
revocation of Licenses hereunder.
(vii) Bring suit in the appropriate
court to enforce this Ordinance.
(viii) Determine and seek damages for
violations of this Ordinance.
(ix) Make such reports as may be
required by the Tribal Council.
(x) Collect fees and or taxes as set by
the RSLCC, to keep accurate records,
books, and accounts.
(xi) Take any action it deems
necessary and appropriate to correct and
prevent violations of this Ordinance and
applicable rules and regulations
including but not limited to license
suspension and/or revocation, referral
for prosecution, imposition or monetary
fines and civil suit.
(xii) Take any and all additional
actions necessary or incidental to the
implementation and enforcement of this
Ordinance.
Section IV—Sales Of Liquor
A. Licenses Required. No sales of
alcoholic beverages shall be made on
RSIC Land, except pursuant to the terms
and conditions of a License issued by
the RSLCC.
B. Sales. All liquor sales on RSIC
Land shall be by cash, credit card or by
check.
C. Sale for Personal Use. All sales
shall be for the personal use and
consumption of the purchaser. Resale of
liquor or alcohol on RSIC Land is
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62855
prohibited. Any person who is not
licensed pursuant to this Ordinance
who purchases liquor or alcohol on
RSIC Land and sells it for consumption
or possession on RSIC Land, whether in
the original container or not, shall be
guilty of a violation of this Ordinance
and shall be subject to all applicable
enforcement provisions of this
Ordinance.
Section V—Licensing
A. Application for RSIC Liquor
License Requirements. No RSIC License
shall be issued under this Ordinance
except upon a sworn application filed
with the RSLCC containing a full and
complete showing of the following:
(i) Satisfactory proof that the
applicant has met all required state of
Nevada and RSIC licensing
requirements to conduct business in the
state of Nevada and on RSIC Land.
(ii) Satisfactory proof that the
applicant is of good character and the
applicant is financially responsible.
(iii) A description of the premises in
which the liquor is to be sold and proof
that the applicant will be the owner or
lessee of such premises for at least the
term of the License.
(iv) Agreement by the applicant to
accept and abide by all conditions of the
RSIC License.
(v) Payment of an application fee
established by the RSLCC.
(vi) Satisfactory proof that the
applicant has never been convicted of a
felony.
B. Issuance of RSIC Liquor License.
All applications for a RSIC liquor
License shall be considered by the
RSLCC in an open session of the RSIC
Tribal Council. The RSLCC may issue a
License if it believes that such issuance
is in the best interest of the RSIC and
its Membership.
C. Conditions of Liquor License. Any
RSIC Licenses issued under the title
shall be subject to such reasonable
conditions as the RSLCC shall fix,
including, but not limited to the
following:
(i) The License shall be for a term not
to exceed 5 years.
(ii) The Licensee shall at all times
maintain an orderly, clean and neat
establishment, both inside and outside
the Licensed Premises.
(iii) The Licensee shall comply with
all rules and regulations of Section VI.
(iv) The Licensed Premises shall be
subject to patrol and inspection by RSIC
law enforcement officials.
(v) The Licensed Premises shall be
subject to inspection by the RSLCC or
it’s duly appointed designee.
(vi) Each license shall be posted on
the Licensed Premises and shall specify:
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Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Notices
a. The name of the Licensee,
b. A description of the Licensed
Premises,
c. The date of issuance and
expiration,
d. The character and kind of liquor
authorized for sale, and
e. The hours authorized for the sale of
liquor
(vii) All acts and transactions under
the authority of this Ordinance shall be
in conformity with the liquor laws of
the state of Nevada, including but not
limited to all age and hours of sale
requirements.
(viii) There shall be no discrimination
by reason of race, color, creed or gender
in the operations under the RSIC
License.
D. Suspension and Revocation. In
addition to other penalties prescribed by
this Ordinance, the RSLCC has the
power, on its own motion or on
complaint, after a hearing at which the
Licensee shall be afforded reasonable
notice and the opportunity to be heard,
to suspend or revoke any License for
any violation by the Licensee, or by any
of the agents, servants, or employees of
such Licensee, of the provisions of this
Ordinance, regulations promulgated
pursuant to the Ordinance, or other laws
of the RSIC.
E. Insurance. Licensees under this
Ordinance shall at all times maintain
insurance coverage (or the RSLCC may,
in its sole discretion, allow an applicant
to self-insure).
F. Renewal of License. A Licensee
may renew its License if the Licensee
has complied in full with this
ordinance; provided, however, that the
RSLCC may refuse to renew a License if
it finds that doing so would not be in
the best interests of the health and
safety of the RSIC.
G. Transferability. Liquor Licenses are
not transferable or assignable and may
only be utilized by the person or entity
in whose name the License was issued.
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Section VI—Prohibited Activities;
Enforcement
A. Prohibited Activities. It shall be a
violation of this Ordinance:
(i) For any person to sell or offer to
sell any liquor for possession or
consumption on RSIC Land except as
provided by this Ordinance.
(ii) For any person to possess for
resale on RSIC Land any liquor except
as provided in this Ordinance.
(iii) For any person to sell liquor to a
person apparently under the influence
of alcohol, or other deleterious
substances.
(iv) For any person to consume or
possess liquor on RSIC Land unless it is
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permitted pursuant a valid License
issued by the RSLCC.
(v) For any person to permit any
person under the legal age to consume
liquor on premises under his control,
except when such liquor is being used
in connection with bona fide religious
services or practices approved by the
RSIC Tribal Council.
(vi) For any person to sell liquor to
any person under the legal age. Where
there may be a question of a person’s
right to purchase liquor by reason of his
or her age, such person shall be required
to present proof of age with a valid
drivers license, U.S. Military
identification, passport, or liquor
control authority card issued by any
state department of motor vehicles.
(vii) To employ a person under the
age of 18 to sell liquor, unless: a) the
person is at least 16 years of age; and b)
supervised by a person who is 18 years
of age or over, present when the liquor
is sold, and either an owner or an
employee of the Licensee. All liquor
sold by a person under the age of 18
must be in a container or receptacle that
is corked or sealed.
(viii) To sell liquor during hours
when such sale would be prohibited by
Nevada law if the sale was occurring
outside RSIC Land.
(ix) For any person to transfer, in any
manner, identification of age to a minor
for the purpose of permitting such
minor to obtain liquor.
(x) For any person to attempt to
purchase liquor through the use of false
or altered identification, which falsely
purports to show the individual to be of
legal age to purchase liquor.
(xi) For any person to sell liquor on
RSIC Land without a License issued by
the RSLCC and/or contrary to the terms
of a License issued by the RSLCC.
(xii) For any employee at a liquor
establishment, when waiting on or
serving customers, to consume liquor on
the premises.
(xiii) For a person to have in his
possession or to transport liquor which
is manufactured in a distillery, winery,
brewery or rectifying plant contrary to
the laws of the United States.
(xiv) For a person to violate any
provision of this Ordinance and/or
RSLCC regulations.
B. Possession or Consumption of
Liquor Contrary to This Ordinance. No
person may possess or consume liquor
on RSIC Land except on a Licensed
Premises (or as otherwise expressly
permitted under a License issued by the
RSLCC), and all consumption of liquor
upon or within a Licensed Premises is
prohibited, unless expressly authorized
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under the terms of the License. Liquor
which is possessed in contravention of
this Ordinance is considered to be
contraband and is subject to seizure by
RSIC law enforcement or the RSLCC or
its appointed designee.
C. Criminal Enforcement. A violation
of this Ordinance is a Class B offense
and any Indian deemed guilty of
violating a provision of this Ordinance
shall be subject to criminal penalties for
such offenses under the Reno Sparks
Indian Colony Law & Order Code,
Section 5–10–080 (Sentencing), or as
later amended. Non-Indians are subject
to enforcement and/or prosecution
under applicable state and/or federal
laws.
D. Civil Fine. Any Licensee adjudged
to be in violation of this Ordinance by
the RSLCC shall be subject to a penalty
not to exceed $1,000.00 per violation as
civil damages.
Section V—Severability, Repeal Of
Prior Acts, Sovereign Immunity
A. Severability. If any provision or
application of this Ordinance is
determined 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 persons
or circumstances.
B. Prior Enactments. This Ordinance
repeals Ordinance 14 (approved June 8,
1977) and Title 5, Section 5–70–140
(approved April 25, 1984), and any
other Ordinance or law that is
inconsistent with the provisions of this
Ordinance.
C. Sovereign Immunity. Nothing
contained in this Ordinance is intended
to, nor does in any way limit, alter,
restrict, or waive the RSIC’s sovereign
immunity from suit or action.
Certification
I, the undersigned Secretary of the
Reno-Sparks Tribal Council, hereby
certify that the Tribal Council,
composed of nine (9) members, of
whom seven (7) constituting a quorum,
were present at a duly called meeting
which was convened and held on the
30th day of June, 2010, and that the
foregoing resolution was duly adopted
by a vote of six (6) for, zero (0) against,
and one (1) abstention, pursuant to
authority contained in Article VI,
Section 1 (I) of the Constitution and ByLaws of the Reno-Sparks Indian Colony.
/s/Verna J. Nuno, Secretary
Reno-Sparks Tribal Council
[FR Doc. 2010–25785 Filed 10–12–10; 8:45 am]
BILLING CODE 4310–4J–P
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62853-62856]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25785]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Reno-Sparks Indian Colony Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
[[Page 62854]]
ACTION: Notice.
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SUMMARY: This notice publishes the Secretary's certification of the
Liquor Control Ordinance of the Reno-Sparks Indian Colony. The
enactment of this Ordinance allows the Wal-Mart Superstore to sell
liquor on tribal lands, which will general millions of dollars in sales
revenue and increase funding for essential government services provided
by the Reno-Sparks Indian Colony. The ordinance will increase the
ability of the tribal government to control the distribution and
possession of liquor within their reservation.
DATES: Effective Date: This Ordinance is effective as of October 13,
2010.
FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government
Services Officer, Western Regional Office, 2600 North Central Avenue,
Phoenix, Arizona 85004-3050, Telephone (602) 379-6786; Fax (602) 379-
4100; or Elizabeth Colliflower, Office of Tribal Services, 1849 C
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202)
513-7641; Fax (202) 208-5113.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The Reno-Sparks Indian Colony adopted
Liquor Control Ordinance No. 14-A on June 30, 2010.
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 Tribal Council of the Reno-Sparks Indian
Colony duly adopted this Liquor Control Ordinance on June 30, 2010.
Dated: October 5, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The Liquor Ordinance for the Reno-Sparks Indian Colony reads as
follows:
ORDINANCE NO. 14-A
RENO-SPARKS INDIAN COLONY LIQUOR CONTROL ORDINANCE
AN ORDINANCE TO GENERALLY REVISE AND RECODIFY THE RENO-SPARKS
INDIAN COLONY LIQUOR CONTROL LAWS.
WHEREAS, the RSIC has previously regulated the introduction,
possession, sale and consumption of liquor under Ordinance 14 (approved
June 8, 1977) and Title 5, Section 5-70-140 (approved April 25 1984);
and
WHEREAS, the enactment of this Ordinance is required to allow the Wal-
Mart Superstore to open on RSIC lands, which will generate millions of
dollars in sales revenue to fund essential government services and
purposes of the RSIC; and
WHEREAS, when this Ordinance 14-A replaces and repeals RSIC's prior
ordinances, the Reno-Sparks Indian Colony will continue to be a ``dry''
reservation where the possession or consumption of liquor will continue
to be strictly prohibited and enforced; and
WHEREAS, the only exception to the liquor prohibition is where a
business (such as Wal-Mart) or person gets a License from the Tribal
Council, but even where a License is issued, the Tribal Council can
prohibit or limit liquor consumption on the Licensed Premises; and
NOW, THEREFORE, BE IT RESOLVED, that the Reno-Sparks Tribal Council
hereby revises, and requests that the Secretary of the Interior to
publish its liquor control Ordinance to accomplish these purposes and
renumbers the Ordinance as Ordinance 14A, which shall repeal and
supersede Ordinance 14 and Title 5, Section 5-70-140.
Section I--Introduction
A. Title. This Ordinance shall be known as the ``Reno-Sparks Indian
Colony Liquor Control Ordinance'' and is enacted for the purposes set
forth herein.
B. Authority. This Ordinance is enacted pursuant to the Act of
August 15, 1953, 67 Stat. 586 (codified at 18 U.S.C. Section 1161) and
Article VI, Section I (g) of the Reno-Sparks Indian Colony
Constitution, and by the authority of the Reno-Sparks Indian Colony
duly elected Tribal Council.
C. Territorial Scope. This Ordinance shall apply to all trust lands
of the Reno-Sparks Indian Colony and lands within the exterior boundary
of the Reno-Sparks Indian Colony.
D. Effective Date. This Ordinance shall be effective upon approval
by the Secretary of the Interior and publication in the Federal
Register.
Section II--General Provisions
A. Definitions. As used in this Ordinance, the following words
shall have the following meanings unless the context plainly requires
otherwise:
(i) ``Alcohol'' shall mean that substance known as ethyl alcohol,
hydrated oxide or ethyl, or spirit or wine, which is commonly produced
by the fermentation or distillation of grain, starch, molasses, sugar
or other substances including all dilutions and mixtures of those
substances.
(ii) ``Alcoholic Beverage'' is synonymous with the term ``Liquor''
as defined by this ordinance.
(iii) ``Beer'' shall mean any beverage obtained by the alcoholic
fermentation of any infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain of cereal or any
combination thereof.
(iv) ``Legal Age'' shall mean the age established by Nevada law for
the consumption, purchase and/or possession of alcoholic beverages.
(v) ``License'' shall mean the license issued under Section V.
(vi) ``Licensee'' shall mean the person or entity authorized to
sell Liquor, Beer or Wine by a License issued by the RSLCC.
(vii) ``Licensed Premises'' shall mean the property where a
Licensee is authorized to sell liquor.
(viii) ``Liquor'' shall mean all fermented spirituous, vinous, or
malt liquor or combination thereof, and mixed liquor, a part of which
is fermented, and every liquid or solid or semisolid or other
substance, patented or not, containing distilled or rectified spirits,
potable alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic
bitters, and all drinks or drinkable liquids and all preparations or
mixtures capable of human consumption and any liquid, semisolid, solid,
or other substances, which contains more than one half of one percent
alcohol.
(ix) ``Liquor Control Commission'' or ``RSLCC'' shall mean the
Tribal Council of the Reno-Sparks Indian Colony.
(x) ``Membership'' shall mean the enrolled membership of the Reno-
Sparks Indian Colony as approved by official action of the Reno-Sparks
Tribal Council.
(xi) ``Ordinance'' shall mean the Reno-Sparks Indian Colony Liquor
Control Ordinance.
(xii) ``Package'' shall mean any container or receptacle used for
holding liquor.
(xiii) ``Retailer'' shall mean any business licensed by the Liquor
Control Commission to sell liquor for off premises consumption.
(xiv) ``RSIC'' shall mean the Reno-Sparks Indian Colony.
(xv) ``RSIC Land'' shall mean all land held in trust by the United
States Government for the Reno-Sparks Indian Colony.
(xvi) ``Sale'' or ``Sell'' shall mean the exchange, barter and
traffic of liquor by any person to any person for consumption.
[[Page 62855]]
(xvii) ``Tribal Council'' shall mean the governing body of the
Reno-Sparks Indian Colony.
(xviii) ``Tribal Court'' shall mean the Reno-Sparks Indian Colony
Tribal Court.
(xix) ``Wine'' shall mean any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, etc.) or other
agricultural product containing sugar.
B. Declaration of Policy and Purpose.
(i) The introduction, possession, sale and use of liquor on the
Reno-Sparks Indian Colony is a matter of special concern to the RSIC.
(ii) Federal law currently prohibits the introduction of liquor
into Indian Country (18 U.S.C. Section 1154), except as provided
therein and expressly delegates to the tribes the decision regarding
when and to what extent the sale, possession, and consumption of liquor
shall be permitted.
(iii) The RSIC has previously adopted an ordinance legalizing
introduction, sale or possession of intoxicants (Ordinance 14).
(iv) The RSIC has previously adopted an ordinance criminalizing the
possession of alcoholic beverages (Title 5--Section 5-70-140 Possession
of Alcoholic Beverages).
(v) The RSIC Tribal Council finds that a need exists to revise and
update the RSIC's laws regarding the introduction, sale, possession and
use of liquor and alcohol and that this ordinance repeals and replaces
all previously adopted liquor ordinances, including Ordinance 14 and
Title 5--Section 5-70-140.
(vi) The RSIC Tribal Council adopts this Ordinance for the purposes
set forth in the ``Whereas'' clauses set forth above.
C. General Prohibition. It shall be a violation of this Ordinance
to introduce, sell, possess or consume liquor on RSIC Land except upon
the terms, conditions, limitations, and restrictions specified herein.
D. Conformity with State and Federal Law. RSIC authorized
introduction, sale, possession, or use of liquor shall comply with the
Nevada State Liquor law standards of general applicability throughout
the State to the extent required by 18 U.S.C. Section 1161 and other
federal law. Nothing in this ordinance shall constitute or be construed
as a waiver of RSIC sovereign immunity or the RSIC's consent to the
jurisdiction by the state of Nevada over matters coming within the
purview of this ordinance.
Section III--Liquor Control Commission
A. There is hereby established the Reno-Sparks Liquor Control
Commission (``RSLCC'').
B. Membership of the RSLCC shall be composed of the nine (9)
members of the Tribal Council. No member of the RSLCC shall have any
interest in a Licensed Premises or an entity that sells liquor on a
Licensed Premises.
C. The RSLCC is empowered to:
(i) Promulgate such rules and regulations as may be necessary and
desirable for the proper implementation and enforcement of this
Ordinance.
(ii) License, regulate, supervise, inspect and oversee all liquor
transactions, and premises and persons involved therewith.
(iii) Hire such employees as are necessary to carry out the powers
and duties of the Commission.
(iv) Issue Licenses permitting the sale of liquor on RSIC Land.
(v) Inspect the premises on which liquor is sold at all reasonable
times for the purposes of ascertaining whether the rules and
regulations of this Ordinance are being complied with.
(vi) Hold hearings on violations of the Ordinance or for the
issuance or revocation of Licenses hereunder.
(vii) Bring suit in the appropriate court to enforce this
Ordinance.
(viii) Determine and seek damages for violations of this Ordinance.
(ix) Make such reports as may be required by the Tribal Council.
(x) Collect fees and or taxes as set by the RSLCC, to keep accurate
records, books, and accounts.
(xi) Take any action it deems necessary and appropriate to correct
and prevent violations of this Ordinance and applicable rules and
regulations including but not limited to license suspension and/or
revocation, referral for prosecution, imposition or monetary fines and
civil suit.
(xii) Take any and all additional actions necessary or incidental
to the implementation and enforcement of this Ordinance.
Section IV--Sales Of Liquor
A. Licenses Required. No sales of alcoholic beverages shall be made
on RSIC Land, except pursuant to the terms and conditions of a License
issued by the RSLCC.
B. Sales. All liquor sales on RSIC Land shall be by cash, credit
card or by check.
C. Sale for Personal Use. All sales shall be for the personal use
and consumption of the purchaser. Resale of liquor or alcohol on RSIC
Land is prohibited. Any person who is not licensed pursuant to this
Ordinance who purchases liquor or alcohol on RSIC Land and sells it for
consumption or possession on RSIC Land, whether in the original
container or not, shall be guilty of a violation of this Ordinance and
shall be subject to all applicable enforcement provisions of this
Ordinance.
Section V--Licensing
A. Application for RSIC Liquor License Requirements. No RSIC
License shall be issued under this Ordinance except upon a sworn
application filed with the RSLCC containing a full and complete showing
of the following:
(i) Satisfactory proof that the applicant has met all required
state of Nevada and RSIC licensing requirements to conduct business in
the state of Nevada and on RSIC Land.
(ii) Satisfactory proof that the applicant is of good character and
the applicant is financially responsible.
(iii) A description of the premises in which the liquor is to be
sold and proof that the applicant will be the owner or lessee of such
premises for at least the term of the License.
(iv) Agreement by the applicant to accept and abide by all
conditions of the RSIC License.
(v) Payment of an application fee established by the RSLCC.
(vi) Satisfactory proof that the applicant has never been convicted
of a felony.
B. Issuance of RSIC Liquor License. All applications for a RSIC
liquor License shall be considered by the RSLCC in an open session of
the RSIC Tribal Council. The RSLCC may issue a License if it believes
that such issuance is in the best interest of the RSIC and its
Membership.
C. Conditions of Liquor License. Any RSIC Licenses issued under the
title shall be subject to such reasonable conditions as the RSLCC shall
fix, including, but not limited to the following:
(i) The License shall be for a term not to exceed 5 years.
(ii) The Licensee shall at all times maintain an orderly, clean and
neat establishment, both inside and outside the Licensed Premises.
(iii) The Licensee shall comply with all rules and regulations of
Section VI.
(iv) The Licensed Premises shall be subject to patrol and
inspection by RSIC law enforcement officials.
(v) The Licensed Premises shall be subject to inspection by the
RSLCC or it's duly appointed designee.
(vi) Each license shall be posted on the Licensed Premises and
shall specify:
[[Page 62856]]
a. The name of the Licensee,
b. A description of the Licensed Premises,
c. The date of issuance and expiration,
d. The character and kind of liquor authorized for sale, and
e. The hours authorized for the sale of liquor
(vii) All acts and transactions under the authority of this
Ordinance shall be in conformity with the liquor laws of the state of
Nevada, including but not limited to all age and hours of sale
requirements.
(viii) There shall be no discrimination by reason of race, color,
creed or gender in the operations under the RSIC License.
D. Suspension and Revocation. In addition to other penalties
prescribed by this Ordinance, the RSLCC has the power, on its own
motion or on complaint, after a hearing at which the Licensee shall be
afforded reasonable notice and the opportunity to be heard, to suspend
or revoke any License for any violation by the Licensee, or by any of
the agents, servants, or employees of such Licensee, of the provisions
of this Ordinance, regulations promulgated pursuant to the Ordinance,
or other laws of the RSIC.
E. Insurance. Licensees under this Ordinance shall at all times
maintain insurance coverage (or the RSLCC may, in its sole discretion,
allow an applicant to self-insure).
F. Renewal of License. A Licensee may renew its License if the
Licensee has complied in full with this ordinance; provided, however,
that the RSLCC may refuse to renew a License if it finds that doing so
would not be in the best interests of the health and safety of the
RSIC.
G. Transferability. Liquor Licenses are not transferable or
assignable and may only be utilized by the person or entity in whose
name the License was issued.
Section VI--Prohibited Activities; Enforcement
A. Prohibited Activities. It shall be a violation of this
Ordinance:
(i) For any person to sell or offer to sell any liquor for
possession or consumption on RSIC Land except as provided by this
Ordinance.
(ii) For any person to possess for resale on RSIC Land any liquor
except as provided in this Ordinance.
(iii) For any person to sell liquor to a person apparently under
the influence of alcohol, or other deleterious substances.
(iv) For any person to consume or possess liquor on RSIC Land
unless it is permitted pursuant a valid License issued by the RSLCC.
(v) For any person to permit any person under the legal age to
consume liquor on premises under his control, except when such liquor
is being used in connection with bona fide religious services or
practices approved by the RSIC Tribal Council.
(vi) For any person to sell liquor to any person under the legal
age. Where there may be a question of a person's right to purchase
liquor by reason of his or her age, such person shall be required to
present proof of age with a valid drivers license, U.S. Military
identification, passport, or liquor control authority card issued by
any state department of motor vehicles.
(vii) To employ a person under the age of 18 to sell liquor,
unless: a) the person is at least 16 years of age; and b) supervised by
a person who is 18 years of age or over, present when the liquor is
sold, and either an owner or an employee of the Licensee. All liquor
sold by a person under the age of 18 must be in a container or
receptacle that is corked or sealed.
(viii) To sell liquor during hours when such sale would be
prohibited by Nevada law if the sale was occurring outside RSIC Land.
(ix) For any person to transfer, in any manner, identification of
age to a minor for the purpose of permitting such minor to obtain
liquor.
(x) For any person to attempt to purchase liquor through the use of
false or altered identification, which falsely purports to show the
individual to be of legal age to purchase liquor.
(xi) For any person to sell liquor on RSIC Land without a License
issued by the RSLCC and/or contrary to the terms of a License issued by
the RSLCC.
(xii) For any employee at a liquor establishment, when waiting on
or serving customers, to consume liquor on the premises.
(xiii) For a person to have in his possession or to transport
liquor which is manufactured in a distillery, winery, brewery or
rectifying plant contrary to the laws of the United States.
(xiv) For a person to violate any provision of this Ordinance and/
or RSLCC regulations.
B. Possession or Consumption of Liquor Contrary to This Ordinance.
No person may possess or consume liquor on RSIC Land except on a
Licensed Premises (or as otherwise expressly permitted under a License
issued by the RSLCC), and all consumption of liquor upon or within a
Licensed Premises is prohibited, unless expressly authorized under the
terms of the License. Liquor which is possessed in contravention of
this Ordinance is considered to be contraband and is subject to seizure
by RSIC law enforcement or the RSLCC or its appointed designee.
C. Criminal Enforcement. A violation of this Ordinance is a Class B
offense and any Indian deemed guilty of violating a provision of this
Ordinance shall be subject to criminal penalties for such offenses
under the Reno Sparks Indian Colony Law & Order Code, Section 5-10-080
(Sentencing), or as later amended. Non-Indians are subject to
enforcement and/or prosecution under applicable state and/or federal
laws.
D. Civil Fine. Any Licensee adjudged to be in violation of this
Ordinance by the RSLCC shall be subject to a penalty not to exceed
$1,000.00 per violation as civil damages.
Section V--Severability, Repeal Of Prior Acts, Sovereign Immunity
A. Severability. If any provision or application of this Ordinance
is determined 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 persons or circumstances.
B. Prior Enactments. This Ordinance repeals Ordinance 14 (approved
June 8, 1977) and Title 5, Section 5-70-140 (approved April 25, 1984),
and any other Ordinance or law that is inconsistent with the provisions
of this Ordinance.
C. Sovereign Immunity. Nothing contained in this Ordinance is
intended to, nor does in any way limit, alter, restrict, or waive the
RSIC's sovereign immunity from suit or action.
Certification
I, the undersigned Secretary of the Reno-Sparks Tribal Council,
hereby certify that the Tribal Council, composed of nine (9) members,
of whom seven (7) constituting a quorum, were present at a duly called
meeting which was convened and held on the 30th day of June, 2010, and
that the foregoing resolution was duly adopted by a vote of six (6)
for, zero (0) against, and one (1) abstention, pursuant to authority
contained in Article VI, Section 1 (I) of the Constitution and By-Laws
of the Reno-Sparks Indian Colony.
/s/Verna J. Nuno, Secretary
Reno-Sparks Tribal Council
[FR Doc. 2010-25785 Filed 10-12-10; 8:45 am]
BILLING CODE 4310-4J-P
