Stillaguamish Tribe of Indians-Liquor Control Ordinance, 34981-34983 [2012-14229]
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Notices
may be imposed under any other Tribal,
Federal, or State laws.
srobinson on DSK4SPTVN1PROD with NOTICES
Section 755. Initiation of Action
Any violation of this Ordinance shall
constitute a public nuisance. The
Alcohol Regulatory Authority may
initiate and maintain an action in Tribal
Court or any court of competent
jurisdiction to abate and permanently
enjoin any nuisance declared under this
Ordinance. Any action taken under this
section shall be in addition to any other
civil penalties provided for in this
Ordinance. The Alcohol Regulatory
Authority shall not be required to post
any form of bond in such action.
Section 756. Contraband; Seizure;
Forfeiture
A. All Alcoholic Beverages held,
owned, or possessed within Tribal lands
by any person, commercial enterprise,
or Licensee operating in violation of this
Ordinance are hereby declared to be
contraband and subject to seizure and
forfeiture to the Tribe.
B. Seizure of contraband as defined in
this Ordinance shall be done by the
Alcohol Regulatory Authority, with the
assistance of Law Enforcement, and all
such contraband seized shall be
inventoried and maintained by the
Alcohol Regulatory Authority pending a
final order of the Alcohol Regulatory
Authority. The owner of the contraband
seized may alternatively request that the
contraband seized be sold and the
proceeds received there from be
maintained by Law Enforcement
pending a final order of the Alcohol
Regulatory Authority. The proceeds
from such a sale are subject to forfeiture
in lieu of the seized contraband.
C. Within ten (10) days following the
seizure of such contraband, a hearing
shall be held by the Alcohol Regulatory
Authority, at which time the operator or
owner of the contraband shall be given
an opportunity to present evidence in
defense of his or her activities.
D. Notice of the hearing of at least ten
(10) days shall be given to the person
from whom the property was seized and
the owner, if known. If the owner is
unknown, notice of the hearing shall be
posted at the place where the
contraband was seized and at other
public places on Tribal lands. The
notice shall describe the property
seized, and the time, place, and cause of
seizure, and list the name and place of
residence, if known, of the person from
whom the property was seized. If upon
the hearing, the evidence warrants, or,
if no person appears as a claimant, the
Alcohol Regulatory Authority shall
thereupon enter a judgment of
forfeiture, and all such contraband shall
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22:42 Jun 11, 2012
Jkt 226001
become the property of the Seminole
Nation of Oklahoma. If upon the hearing
the evidence does not warrant forfeiture,
the seized property shall be
immediately returned to the owner.
Section 757. Nuisance
Any room, house, building, vehicle,
structure, premises, or other location
where Alcoholic Beverages are sold,
manufactured, distributed, bartered,
exchanged, given away, furnished, or
otherwise possessed or disposed of in
violation of this Ordinance, or of any
other Tribal, Federal, or State laws
related to the transportation, possession,
distribution or sale of Alcoholic
Beverages, and including all property
kept therein, or thereon, and used in, or
in connection with such violation is
hereby declared to be a nuisance upon
any second or subsequent violation of
the same.
Section 758. Action to Abate Nuisance
Upon a determination by the Alcohol
Regulatory Authority that any such
place or activity is a nuisance under any
provision of this Ordinance, the Tribe or
the Alcohol Regulatory Authority may
bring a civil action in the Tribal Court
to abate and to perpetually enjoin any
such activity declared to be a nuisance.
Such injunctive relief may include a
closure of any business or other use of
the property for up to one (1) year from
the date of the such injunctive relief, or
until the owner, lessee or tenant shall:
(i) give bond of no less than TwentyFive Thousand dollars ($25,000) to be
held by the Alcohol Regulatory
Authority and be conditioned that any
further violation of this Ordinance or
other Tribal laws will result in the
forfeiture of such bond; and (ii) pay of
all fines, costs and assessments against
him/her/it. If any condition of the bond
is violated, the bond shall be forfeit and
the proceeds recoverable by the Alcohol
Regulatory Authority through an order
of the Tribal Court. Any action taken
under this section shall be in addition
to any other civil penalties provided for
in this Ordinance.
Section 759. Use and Appropriation of
Revenue Received
All fees, payments, fines, costs,
assessments, and any other revenues
collected by the Alcohol Regulatory
Authority under this Ordinance, from
whatever sources, shall be expended
first for the administrative costs
incurred in the administration and
enforcement of this Ordinance
including costs of Law Enforcement.
Any excess funds shall be subject to and
available for appropriation by the
Alcohol Regulatory Authority to the
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Sfmt 4703
34981
Tribe for essential governmental and
social services related to drug and
alcohol education, counseling and
treatment.
Section 760. Audit
The Alcohol Regulatory Authority
and its handling of all funds collected
under this Ordinance is subject to
review and audit by the Tribe as part of
the annual financial audit of the
Alcohol Regulatory Authority.
Section 761. Reports
The Alcohol Regulatory Authority
shall submit to the General Council a
quarterly report and accounting of all
fees, payments, fines, costs,
assessments, and all other revenues
collected and expended pursuant to this
Ordinance.
Section 762. Severability
If any provision or application of this
Ordinance is found invalid and or
unenforceable by a court of competent
jurisdiction, such determination shall
not be held to render ineffectual any of
the remaining provisions or applications
of this Ordinance not specifically
identified thereby, or to render such
provision to be inapplicable to other
persons or circumstances.
Section 763. Construction
Nothing in this Ordinance shall be
construed to diminish or impair in any
way the rights or sovereign powers of
the Seminole Nation of Oklahoma.
Section 764. Effective Date
This Ordinance shall be effective
upon certification by the Secretary of
the Interior, publication in the Federal
Register and recorded in the office of
the Clerk of the Tribal Court.
Section 765. Prior Law Repealed
Any and all prior enactments of the
Seminole Nation of Oklahoma that are
inconsistent with the provisions of this
Ordinance are hereby rescinded.
Section 766. Amendment
This Ordinance may only be amended
by written resolution approved by the
General Council.
[FR Doc. 2012–14248 Filed 6–11–12; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Stillaguamish Tribe of Indians—Liquor
Control Ordinance
AGENCY:
Bureau of Indian Affairs,
Interior.
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12JNN1
34982
ACTION:
Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Notices
General Provisions
Notice.
This notice publishes the
Stillaguamish Tribe of Indians’ Liquor
Control Ordinance. The Ordinance
regulates and controls the possession,
sale and consumption of liquor within
the Stillaguamish Tribe of Indians’
Indian country. This Ordinance allows
for the possession and sale of alcoholic
beverages within the jurisdiction of the
Stillaguamish Tribe of Indians, will
increase the ability of the tribal
government to control the distribution
and possession of liquor within their
Indian country, and at the same time,
will provide an important source of
revenue, the strengthening of the tribal
government and the delivery of tribal
services.
SUMMARY:
Effective Date: This Ordinance is
effective 30 days after June 12, 2012.
DATES:
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 NE. 11th
Avenue, Portland, OR 97232, Phone:
(503) 231–6723; Fax: (503) 231–6731; or
De Springer, Office of Indian Services,
Bureau of Indian Affairs, 1849 C Street
NW., MS–4513–MIB, Washington, DC
20240; Telephone (202) 513–7626.
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 Stillaguamish Tribe of Indians’
Board of Directors adopted Resolution
2012/019, Re-affirming Resolution
2011–162 Approving and Adopting the
Stillaguamish Tribe of Indians Liquor
Control Ordinance, with Minor
Typographical Changes Herein, on
January 31, 2012.
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 Stillaguamish Tribe of
Indians’ Board of Directors adopted
Resolution 2012/019 to enact a new
Liquor Control Ordinance on January
31, 2012.
srobinson on DSK4SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Dated: May 31, 2012.
Donald E. Laverdure,
Acting Assistant Secretary—Indian Affairs.
The Stillaguamish Tribe of Indian
Liquor Control Ordinance, as amended,
shall read as follows:
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22:42 Jun 11, 2012
Jkt 226001
3.06.600
General Purpose
The Stillaguamish Tribe of Indians
(Tribe) has a significant interest in
protecting the health, safety and general
welfare of its members, the residents
within the Tribe’s Indian Country and
those persons and businesses doing
business on and/or visiting the Tribe’s
Indian Country. The purpose of the
Ordinance is to exercise the Tribe’s
jurisdiction to regulate the sale,
distribution and taxation of liquor
within the Tribe’s Indian Country in
conformity with any compact between
the Tribe and the State of Washington,
Article 10 of the Treaty of Point Elliott
of 1855, 12 Stat. 927, to which the Tribe
is a party, and in conformity with 18
U.S.C. 1161, and to raise revenues to
fund health, safety and general welfare
programs and services provided to
Tribal members and residents of and
visitors to land within the Tribe’s
territorial jurisdiction.
The authority to protect the Tribe as
a sovereign political entity and to adopt
the Ordinance codified herein is vested
in the Stillaguamish Tribe of Indians,
Board of Directors under Article IV and
Article VII, Sec. 1 of the Constitution,
which Board has enumerated authority
under Article VII, Sec. 1(a) to enact a
comprehensive law and order code,
which provides for Tribal civil and
criminal jurisdiction; under Article VII,
Sec. 1(b) to administer the affairs and
assets of the Tribe, including Tribal
lands and funds; under Article VII,
Section 1(d) to provide for taxes,
assessments, permits and license fees
upon members and non-members
within the Tribe’s jurisdiction; and
under Article VII, Sec. 1(h), to exercise
other necessary powers to fulfill the
Board’s obligations, responsibilities and
purposes as the governing body of the
Tribe; and in the inherent sovereignty of
the Stillaguamish Tribe of Indians to
regulate its own territory and activities
therein.
The need exists for strict Tribal
regulation and control over liquor
distribution, sales and taxation within
the Tribe’s Indian Country. Therefore, in
the public interest and for the welfare of
the people of the Stillaguamish Tribe of
Indians, its employees, the residents of
and visitors to Indian Country, the
Stillaguamish Board of Directors, in the
exercise of its authority under the
Tribe’s Constitution, declares its
purpose by the provisions of this
Subchapter to regulate the sale and
distribution of liquor.
PO 00000
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Fmt 4703
Sfmt 4703
3.06.601 Scope
(1) This Subchapter shall apply to the
full extent of the sovereign jurisdiction
of the Tribe.
(2) Compliance with this Subchapter
is hereby made a condition of the use
of any land or premises within the
Tribe’s Indian Country.
(3) Any person who resides, conducts
business, engages in a business
transaction, receives benefits from the
Tribe, acts under Tribal authority, or
enters the Tribe’s Indian Country shall
be deemed to have consented to the
following:
(a) To be bound by the terms of this
Subchapter;
(b) To the exercise of the exclusive
jurisdiction of the Stillaguamish Tribal
Court for legal actions arising pursuant
to this Subchapter; and
(c) To detainment, service of
summons and process, and search and
seizure, in conjunction with legal
actions arising pursuant to this
Subchapter.
(4) No portion of this Ordinance and
Subchapter shall be construed as
contrary to Federal law.
3.06.602 Repeal of Prior Liquor
Control Laws
(1) All ordinances and resolutions of
the Tribe regulating, authorizing,
prohibiting or in any way dealing with
the sale of liquor heretofore enacted or
now in effect, including, but not limited
to, Resolution 2007/145 adopting the
Stillaguamish Tribe Liquor Ordinance of
October 10, 2007, are hereby repealed
and are declared to be of no further
force and effect, with the exception of
the provisions of the Stillaguamish
Tribe of Indians Law and Order Code,
including, but not limited to, the
provisions of Chapter 8.40, AlcoholRelated Offenses.
(2) The provisions of this Subchapter
shall be prospective only from the date
of its enactment. Nothing contained
herein shall be deemed to revoke any
presently existing valid license or
permit or renewal thereof previously
issued by the Washington State Liquor
Control Board or the exercise of
privilege given thereunder to any
retailer subject to the provisions of this
Subchapter.
3.06.603 Definitions
All definitions of the Taxation Code
Section 3.06.201 apply herein unless the
terms are otherwise defined in this
Subchapter. For purposes of this
Subchapter, whenever any of the
following words, terms or definitions is
used herein, they shall have the
meaning ascribed to them in this
Subchapter:
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Federal Register / Vol. 77, No. 113 / Tuesday, June 12, 2012 / Notices
(1) ‘‘Indian Country,’’ consistent with
the meaning given in 18 U.S.C. 1151
means: (a) All land within the limits of
the Stillaguamish Indian Reservation
under the jurisdiction of the United
States government, notwithstanding the
issuance of any patent, and, including
rights-of-way running through the
reservation; and (b) all Indian
allotments or other lands held in trust
for the Tribe or a member of the Tribe,
including rights-of-way running through
the same.
(2) ‘‘Liquor’’ means that liquid as now
defined as set forth by the Revised Code
of Washington in RCW 66.04.010(1), (3),
(25), (26) and (43).
(3) ‘‘Sale’’ and ‘‘sell’’ means as now
defined as set forth by the Revised Code
of Washington in RCW 66.04010(38).
(4) ‘‘Tribal retailer’’ means a liquor
retailer wholly-owned by the
Stillaguamish Tribe of Indians and
located in Indian Country.
(5) ‘‘Tribally-licensed retailer’’ means
a person who has a business license
from the Tribe to sell liquor at retail
from a business located in Indian
Country.
3.06.604 Stillaguamish Tax
Commission
The Board hereby authorizes the Tax
Commission of the Stillaguamish Tribe
of Indians to administer this
Subchapter, including general control,
management and supervision of all
liquor sales, places of sale and sales
outlets, and to exercise all of the powers
and accomplish all of the purposes
thereof as hereinafter set forth, and do
the following acts and things for and on
behalf of and in the name of the Tribe:
(A) Adopting and enforcing rules and
regulations for the purpose of carrying
into effect the provisions of this
Subchapter in the performance of its
functions;
(B) Collecting, auditing and issuing
fees, licenses, taxes and permits; and
(C) Performing all matters and things
incidental to and necessary to conduct
its business and carry out its duties and
functions under this Subchapter.
License Required
srobinson on DSK4SPTVN1PROD with NOTICES
3.06.610 License Required of Tribal
Retailers and Tribally-licensed Retailers
Every person engaging in the business
of selling liquor within the Tribe’s
Indian Country shall secure a business
license from the Tribe in the manner
provided for by Subchapter 100 of this
Title (‘‘Business Licenses’’) and
otherwise comply with all provisions of
Subchapter 100.
VerDate Mar<15>2010
22:42 Jun 11, 2012
Jkt 226001
3.06.611 Prohibitions
(1) The purchase, sale, and dealing in
liquor within the Tribe’s Indian Country
by any person, party, firm, or
corporation except pursuant to the
control, licensing, and regulation of the
Stillaguamish Tax Commission, is
hereby declared unlawful. Without
limitation as to any other penalties and
fines that may apply, any violation of
this subsection is an infraction
punishable by a fine of up to five
hundred dollars ($500.00).
(2) Every person engaging in the
business of selling liquor within the
Tribe’s Indian Country shall comply
with the provisions of Chapter 8.40,
Alcohol-Related Offenses, of the
Stillaguamish Tribe of Indians Law and
Order Code, the provisions of which are
re-affirmed and are specifically
incorporated herein by this reference.
Any violation of this subsection is
punishable pursuant to the penalty
provisions of Chapter 8.40, AlcoholRelated Offenses of the Stillaguamish
Tribe of Indians Law and Order Code.
3.06.612 Conformity With State Law
As Required
Tribal retailers and Tribally-licensed
retailers shall comply with any
applicable Washington State liquor law
standards to the extent required by 18
U.S.C. 1161 and the Agreement Between
the Washington State Liquor Control
Board and the Stillaguamish Indian
Tribe for Purchase and Resale of Liquor
in Indian Country (‘‘Agreement’’), if
any. To the extent provisions of this
Subchapter conflict with the Agreement,
the terms of the Agreement control.
3.06.620 Tribal Liquor Tax
The Tribe expressly reserves its
inherent sovereign right to regulate the
use and sale of liquor through the
imposition of Tribal taxes thereon. The
Board hereby authorizes and expressly
reserves its authority to impose a Tribal
Liquor Tax on sales of all alcoholic
beverages, including packaged and retail
sales of liquor, wine, and beer, at a rate
determined to be fair and equitable by
the Board through independent action.
3.06.621 Liquor Sales Not Subject to
Tribal Retail Sales Tax
The Tribe’s Retail Sales Tax shall not
apply to retail sales of liquor.
Administration
3.06.630 Severability
If any section, provision, phrase,
addition, word, sentence or amendment
of this Subchapter or its application to
any person is held invalid, such
Frm 00051
invalidity shall not affect the other
provisions or applications of this
Subchapter that can be given effect
without the invalid application, and to
that end the provisions of this
Subchapter are declared severable.
3.06.631
Nondiscrimination
No provision of this Subchapter shall
be construed as imposing a regulation or
tax that discriminates on the basis of
whether a retail liquor establishment is
owned, managed or operated by a
member of the Tribe.
3.06.632
Effective Date
This Subchapter shall be and become
effective after thirty (30) days of
publication by the United States
Department of the Interior’s certification
in the Federal Register.
3.06.633
Sovereign Immunity
Nothing in this Subchapter shall be
construed as a waiver or limitation of
the inherent sovereign immunity of the
Tribe.
[FR Doc. 2012–14229 Filed 6–11–12; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Notice of Filing
[LLNM940000. L1420000.BJ0000]
Bureau of Land Management,
Interior.
ACTION: Notice of filing of plats of
survey.
AGENCY:
The plats of survey described
below are scheduled to be officially
filed in the New Mexico State Office,
Bureau of Land Management, Santa Fe,
New Mexico, thirty (30) calendar days
from the date of this publication.
FOR FURTHER INFORMATION CONTACT:
These plats will be available for
inspection in the New Mexico State
Office, Bureau of Land Management,
301 Dinosaur Trail, Santa Fe, New
Mexico. Copies may be obtained from
this office upon payment. Contact
Marcella Montoya at 505–954–2097, or
by email at mmontoya@nm.blm.gov, for
assistance. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Taxation
PO 00000
34983
Fmt 4703
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Indian Meridian, Oklahoma (OK)
The plat, representing the dependent
resurvey and survey in Township 24
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]]>Agencies
[Federal Register Volume 77, Number 113 (Tuesday, June 12, 2012)]
[Notices]
[Pages 34981-34983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14229]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Stillaguamish Tribe of Indians--Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
[[Page 34982]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Stillaguamish Tribe of Indians'
Liquor Control Ordinance. The Ordinance regulates and controls the
possession, sale and consumption of liquor within the Stillaguamish
Tribe of Indians' Indian country. This Ordinance allows for the
possession and sale of alcoholic beverages within the jurisdiction of
the Stillaguamish Tribe of Indians, will increase the ability of the
tribal government to control the distribution and possession of liquor
within their Indian country, and at the same time, will provide an
important source of revenue, the strengthening of the tribal government
and the delivery of tribal services.
DATES: Effective Date: This Ordinance is effective 30 days after June
12, 2012.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911
NE. 11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503)
231-6731; or De Springer, Office of Indian Services, Bureau of Indian
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240;
Telephone (202) 513-7626.
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 Stillaguamish Tribe of Indians'
Board of Directors adopted Resolution 2012/019, Re-affirming Resolution
2011-162 Approving and Adopting the Stillaguamish Tribe of Indians
Liquor Control Ordinance, with Minor Typographical Changes Herein, on
January 31, 2012.
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 Stillaguamish Tribe of Indians' Board of
Directors adopted Resolution 2012/019 to enact a new Liquor Control
Ordinance on January 31, 2012.
Dated: May 31, 2012.
Donald E. Laverdure,
Acting Assistant Secretary--Indian Affairs.
The Stillaguamish Tribe of Indian Liquor Control Ordinance, as
amended, shall read as follows:
General Provisions
3.06.600 General Purpose
The Stillaguamish Tribe of Indians (Tribe) has a significant
interest in protecting the health, safety and general welfare of its
members, the residents within the Tribe's Indian Country and those
persons and businesses doing business on and/or visiting the Tribe's
Indian Country. The purpose of the Ordinance is to exercise the Tribe's
jurisdiction to regulate the sale, distribution and taxation of liquor
within the Tribe's Indian Country in conformity with any compact
between the Tribe and the State of Washington, Article 10 of the Treaty
of Point Elliott of 1855, 12 Stat. 927, to which the Tribe is a party,
and in conformity with 18 U.S.C. 1161, and to raise revenues to fund
health, safety and general welfare programs and services provided to
Tribal members and residents of and visitors to land within the Tribe's
territorial jurisdiction.
The authority to protect the Tribe as a sovereign political entity
and to adopt the Ordinance codified herein is vested in the
Stillaguamish Tribe of Indians, Board of Directors under Article IV and
Article VII, Sec. 1 of the Constitution, which Board has enumerated
authority under Article VII, Sec. 1(a) to enact a comprehensive law and
order code, which provides for Tribal civil and criminal jurisdiction;
under Article VII, Sec. 1(b) to administer the affairs and assets of
the Tribe, including Tribal lands and funds; under Article VII, Section
1(d) to provide for taxes, assessments, permits and license fees upon
members and non-members within the Tribe's jurisdiction; and under
Article VII, Sec. 1(h), to exercise other necessary powers to fulfill
the Board's obligations, responsibilities and purposes as the governing
body of the Tribe; and in the inherent sovereignty of the Stillaguamish
Tribe of Indians to regulate its own territory and activities therein.
The need exists for strict Tribal regulation and control over
liquor distribution, sales and taxation within the Tribe's Indian
Country. Therefore, in the public interest and for the welfare of the
people of the Stillaguamish Tribe of Indians, its employees, the
residents of and visitors to Indian Country, the Stillaguamish Board of
Directors, in the exercise of its authority under the Tribe's
Constitution, declares its purpose by the provisions of this Subchapter
to regulate the sale and distribution of liquor.
3.06.601 Scope
(1) This Subchapter shall apply to the full extent of the sovereign
jurisdiction of the Tribe.
(2) Compliance with this Subchapter is hereby made a condition of
the use of any land or premises within the Tribe's Indian Country.
(3) Any person who resides, conducts business, engages in a
business transaction, receives benefits from the Tribe, acts under
Tribal authority, or enters the Tribe's Indian Country shall be deemed
to have consented to the following:
(a) To be bound by the terms of this Subchapter;
(b) To the exercise of the exclusive jurisdiction of the
Stillaguamish Tribal Court for legal actions arising pursuant to this
Subchapter; and
(c) To detainment, service of summons and process, and search and
seizure, in conjunction with legal actions arising pursuant to this
Subchapter.
(4) No portion of this Ordinance and Subchapter shall be construed
as contrary to Federal law.
3.06.602 Repeal of Prior Liquor Control Laws
(1) All ordinances and resolutions of the Tribe regulating,
authorizing, prohibiting or in any way dealing with the sale of liquor
heretofore enacted or now in effect, including, but not limited to,
Resolution 2007/145 adopting the Stillaguamish Tribe Liquor Ordinance
of October 10, 2007, are hereby repealed and are declared to be of no
further force and effect, with the exception of the provisions of the
Stillaguamish Tribe of Indians Law and Order Code, including, but not
limited to, the provisions of Chapter 8.40, Alcohol-Related Offenses.
(2) The provisions of this Subchapter shall be prospective only
from the date of its enactment. Nothing contained herein shall be
deemed to revoke any presently existing valid license or permit or
renewal thereof previously issued by the Washington State Liquor
Control Board or the exercise of privilege given thereunder to any
retailer subject to the provisions of this Subchapter.
3.06.603 Definitions
All definitions of the Taxation Code Section 3.06.201 apply herein
unless the terms are otherwise defined in this Subchapter. For purposes
of this Subchapter, whenever any of the following words, terms or
definitions is used herein, they shall have the meaning ascribed to
them in this Subchapter:
[[Page 34983]]
(1) ``Indian Country,'' consistent with the meaning given in 18
U.S.C. 1151 means: (a) All land within the limits of the Stillaguamish
Indian Reservation under the jurisdiction of the United States
government, notwithstanding the issuance of any patent, and, including
rights-of-way running through the reservation; and (b) all Indian
allotments or other lands held in trust for the Tribe or a member of
the Tribe, including rights-of-way running through the same.
(2) ``Liquor'' means that liquid as now defined as set forth by the
Revised Code of Washington in RCW 66.04.010(1), (3), (25), (26) and
(43).
(3) ``Sale'' and ``sell'' means as now defined as set forth by the
Revised Code of Washington in RCW 66.04010(38).
(4) ``Tribal retailer'' means a liquor retailer wholly-owned by the
Stillaguamish Tribe of Indians and located in Indian Country.
(5) ``Tribally-licensed retailer'' means a person who has a
business license from the Tribe to sell liquor at retail from a
business located in Indian Country.
3.06.604 Stillaguamish Tax Commission
The Board hereby authorizes the Tax Commission of the Stillaguamish
Tribe of Indians to administer this Subchapter, including general
control, management and supervision of all liquor sales, places of sale
and sales outlets, and to exercise all of the powers and accomplish all
of the purposes thereof as hereinafter set forth, and do the following
acts and things for and on behalf of and in the name of the Tribe:
(A) Adopting and enforcing rules and regulations for the purpose of
carrying into effect the provisions of this Subchapter in the
performance of its functions;
(B) Collecting, auditing and issuing fees, licenses, taxes and
permits; and
(C) Performing all matters and things incidental to and necessary
to conduct its business and carry out its duties and functions under
this Subchapter.
License Required
3.06.610 License Required of Tribal Retailers and Tribally-licensed
Retailers
Every person engaging in the business of selling liquor within the
Tribe's Indian Country shall secure a business license from the Tribe
in the manner provided for by Subchapter 100 of this Title (``Business
Licenses'') and otherwise comply with all provisions of Subchapter 100.
3.06.611 Prohibitions
(1) The purchase, sale, and dealing in liquor within the Tribe's
Indian Country by any person, party, firm, or corporation except
pursuant to the control, licensing, and regulation of the Stillaguamish
Tax Commission, is hereby declared unlawful. Without limitation as to
any other penalties and fines that may apply, any violation of this
subsection is an infraction punishable by a fine of up to five hundred
dollars ($500.00).
(2) Every person engaging in the business of selling liquor within
the Tribe's Indian Country shall comply with the provisions of Chapter
8.40, Alcohol-Related Offenses, of the Stillaguamish Tribe of Indians
Law and Order Code, the provisions of which are re-affirmed and are
specifically incorporated herein by this reference. Any violation of
this subsection is punishable pursuant to the penalty provisions of
Chapter 8.40, Alcohol-Related Offenses of the Stillaguamish Tribe of
Indians Law and Order Code.
3.06.612 Conformity With State Law As Required
Tribal retailers and Tribally-licensed retailers shall comply with
any applicable Washington State liquor law standards to the extent
required by 18 U.S.C. 1161 and the Agreement Between the Washington
State Liquor Control Board and the Stillaguamish Indian Tribe for
Purchase and Resale of Liquor in Indian Country (``Agreement''), if
any. To the extent provisions of this Subchapter conflict with the
Agreement, the terms of the Agreement control.
Taxation
3.06.620 Tribal Liquor Tax
The Tribe expressly reserves its inherent sovereign right to
regulate the use and sale of liquor through the imposition of Tribal
taxes thereon. The Board hereby authorizes and expressly reserves its
authority to impose a Tribal Liquor Tax on sales of all alcoholic
beverages, including packaged and retail sales of liquor, wine, and
beer, at a rate determined to be fair and equitable by the Board
through independent action.
3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax
The Tribe's Retail Sales Tax shall not apply to retail sales of
liquor.
Administration
3.06.630 Severability
If any section, provision, phrase, addition, word, sentence or
amendment of this Subchapter or its application to any person is held
invalid, such invalidity shall not affect the other provisions or
applications of this Subchapter that can be given effect without the
invalid application, and to that end the provisions of this Subchapter
are declared severable.
3.06.631 Nondiscrimination
No provision of this Subchapter shall be construed as imposing a
regulation or tax that discriminates on the basis of whether a retail
liquor establishment is owned, managed or operated by a member of the
Tribe.
3.06.632 Effective Date
This Subchapter shall be and become effective after thirty (30)
days of publication by the United States Department of the Interior's
certification in the Federal Register.
3.06.633 Sovereign Immunity
Nothing in this Subchapter shall be construed as a waiver or
limitation of the inherent sovereign immunity of the Tribe.
[FR Doc. 2012-14229 Filed 6-11-12; 8:45 am]
BILLING CODE 4310-4J-P
