Federated Indians of Graton Rancheria-Liquor Control Statute, 74025-74027 [2012-30003]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
Monday, December 3, 2012 (77 FR
71611).
On page 71611, column 1, in both the
MATTERS TO BE CONSIDERED and
PORTIONS TO BE OPEN TO THE
PUBLIC sections, add ‘‘Remarks from
John D. Feeley, Principal Deputy
Assistant Secretary for Western
Hemisphere Affairs’’ after the
‘‘Approval of the Minutes of the
September 24, 2012, Meeting of the
Board of Directors’’ subsections.
CONTACT PERSON FOR MORE INFORMATION:
liquor transactions in Indian country.
The Federated Indians of Graton
Rancheria Tribal Council adopted the
Liquor Control Statute, by Tribal
Council Resolution No. 12–07, on April
13, 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 Tribal Council duly
adopted the Liquor Control Statute on
April 13, 2012.
Paul Zimmerman,
General Counsel.
Dated: November 27, 2012.
Kevin Washburn,
Assistant Secretary, Indian Affairs.
[FR Doc. 2012–30039 Filed 12–10–12; 11:15 am]
The Federated Indians of Graton
Rancheria Liquor Control Statute reads
as follows:
BILLING CODE 7025–01–P
Chapter One—Introduction
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Federated Indians of Graton
Rancheria—Liquor Control Statute
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Federated Indians of Graton
Rancheria—Liquor Control Statute
(Ordinance). The Ordinance regulates
and controls the sale, consumption and
possession of liquor within the Graton
Rancheria’s Indian country. This
Ordinance will increase the ability of
the tribal government to control the
distribution and possession of liquor
within its Indian country 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 Act is
effective as of December 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Sophia Torres, Tribal Government
Specialist, Pacific Regional Office,
Bureau of Indian Affairs, 2800 Cottage
Way—Room W–2820, Sacramento, CA
95825; Telephone (916) 978–6073; Fax
(916) 978–6099; or De Springer, Office
of Indian Services, 1849 C Street NW.,
MS/4513/MIB, Washington, DC 20240;
Telephone (202) 513–7626; 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
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SUMMARY:
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Section:
1.1 Authority. This Statute is
enacted pursuant to the Act of August
15, 1953 (Pub. L. 83–277, 67 Stat. 588,
18 U.S.C. 1161) and by powers vested in
the Tribal Council of the Federated
Indians of Graton Rancheria (‘‘Tribal
Council’’) to enact laws, policies, and
regulations as authorized under Article
VI, Section 1 of the Constitution of the
Federated Indians of Graton Rancheria
(the ‘‘Constitution’’), adopted December
2002.
1.2 Purpose. The purpose of this
Statute is to regulate and control the
possession, sale, manufacture and
distribution of liquor within Lands
Under the Jurisdiction of the Federated
Indians of Graton Rancheria (‘‘Tribe’’),
including the Reservation of the
Federated Indians of Graton Rancheria
(‘‘Reservation’’), in order to permit
alcohol sales by tribally owned and
operated enterprises and private lessees,
and at tribally approved special events.
Enactment of a liquor control statute
will help provide a source of revenue
for the continued operation of the tribal
government, the delivery of
governmental services, and the
economic viability of tribal enterprises.
1.3 Short Title. This Statute shall be
known and cited as the ‘‘Liquor Control
Statute.’’
1.4 Jurisdiction. This Statute shall
apply to all lands now or in the future
under the governmental authority of the
Tribe, including, but not limited to, the
Reservation and any lands that may be
taken into trust for the Tribe.
1.5 Application of 18 U.S.C. 1161.
By adopting this Statute, the Tribe
hereby regulates the sale, distribution,
and consumption of liquor while
ensuring that such activity conforms
with all applicable laws of the State of
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74025
California as required by 18 U.S.C. 1161
and the United States.
1.6 Declaration of Public Policy;
Findings. The Tribal Council enacts this
Statute, based upon the following
findings:
(a) The distribution, possession,
consumption and sale of liquor on the
Tribe’s Reservation is a matter of special
concern to the Tribe.
(b) The Tribe is the beneficial owner
of the Reservation, upon which the
Tribe plans to construct and operate a
gaming facility and related
entertainment and lodging facilities.
(c) The Tribe’s gaming facility will
serve as an integral and indispensible
part of the Tribe’s economy, providing
revenue to the Tribe’s government and
employment to tribal citizens and others
in the local community.
(d) Federal law, as codified at 18
U.S.C. 1154 and 1161, currently
prohibits the introduction of liquor into
Indian country, except in accordance
with State law and the duly enacted law
of the Tribe.
(e) The Tribe recognizes the need for
strict control and regulation of liquor
transactions on Lands under the Tribe’s
Jurisdiction because of potential
problems associated with the
unregulated or inadequate regulated
sale, possession, distribution, and
consumption of liquor.
(f) Regulating the possession, sale,
distribution and manufacture of liquor
within Lands under the Tribe’s
Jurisdiction is also consistent with the
Tribe’s interest in ensuring the peace,
safety, health, and general welfare of the
Tribe and its citizens.
(g) Tribal control and regulation of
liquor on Lands under the Tribe’s
Jurisdiction is consistent with the
Tribe’s custom and tradition of
controlling the possession and
consumption of liquor on tribal lands
and at tribal events.
(h) The purchase, distribution, and
sale of liquor on Lands under the Tribe’s
Jurisdiction shall take place only at duly
licensed (i) tribally owned enterprises,
(ii) other enterprises operating pursuant
to a lease with the Tribe, and (iii)
tribally-sanctioned events.
(i) The sale or other commercial
manufacture or distribution of liquor on
Lands under the Tribe’s Jurisdiction,
other than sales, manufacture, and
distributions made in strict compliance
with this Statute, is detrimental to the
health, safety, and general welfare of the
citizens of the Tribe, and is prohibited.
Chapter Two—Definitions
Section:
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2.1 Definitions. As used in this
Statute, the terms below are defined as
follows:
(a) Alcohol means ethyl alcohol,
hydrated oxide of ethyl, or spirit of
wine, in any form, and regardless of
source or the process used for its
production.
(b) Alcoholic beverage means all
alcohol, spirits, liquor, wine, beer and
any liquid or solid containing alcohol,
spirits, liquor, wine, or beer, and which
contains one-half of one percent or more
of alcohol by volume and that is fit for
human consumption, either alone or
when diluted, mixed, or combined with
any other substance(s).
(c) Compact means the tribal-state
Compact between the State of California
and the Tribe that governs the conduct
of class III gaming activities on the
Reservation pursuant to the Indian
Gaming Regulatory Act.
(d) License means, unless otherwise
stated, a license issued by the Tribe in
accordance with this Statute.
(e) Liquor means any alcoholic
beverage, as defined under this Section.
(f) Person means any individual or
entity, whether Indian or non-Indian,
receiver, assignee, trustee in
bankruptcy, trust, estate, firm,
corporation, partnership, joint
corporation, association, society, or any
group of individuals acting as a unit,
whether mutual, cooperative, fraternal,
non-profit or otherwise, and any other
Indian tribe, band or group. The term
shall also include the businesses of the
Tribe.
(g) Sale and sell means the transfer for
consideration of any kind, including by
exchange or barter.
(h) State means the State of California.
(i) Lands under the Tribe’s
Jurisdiction means and includes all
lands now or in the future under the
governmental authority of the Tribe,
including, but not limited to, the
Reservation and any lands that may be
taken into trust for the Tribe.
(j) Reservation means all lands held in
trust by the United States for the benefit
of the Tribe pursuant to the Graton
Rancheria Restoration Act (Pub. L. 106–
568, 25 U.S.C. 1300n).
Chapter Three—Liquor Sales,
Possession, & Manufacture
Section:
3.1 Possession of Alcohol. The
introduction and possession of alcoholic
beverages shall be lawful within Lands
under the Tribe’s Jurisdiction; provided
that such introduction or possession is
in conformity with the laws of the State.
3.2 Retail Sales of Alcohol. The sale
of alcoholic beverages shall be lawful
within Lands under the Jurisdiction of
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the Tribe; provided that such sales are
in conformity with the laws of the State
and are made pursuant to a license
issued by the Tribe.
3.3 Manufacture of Alcohol. The
manufacture of beer and wine shall be
lawful within Lands under the
Jurisdiction of the Tribe, provided that
such manufacture is in conformity with
the laws of the State and pursuant to a
license issued by the Tribe.
3.4 Age Limits. The legal age for
possession or consumption of alcohol
within Lands under the Jurisdiction of
the Tribe shall be the same as that of the
State, which is currently 21 years. No
person under the age of 21 years shall
purchase, possess or consume any
alcoholic beverage. If there is any
conflict between State law and the terms
of the Compact regarding the age limits
for alcohol possession or consumption,
the age limits in the Compact shall
govern for purposes of this Statute.
(a) Tribal law enforcement personnel
and security personnel duly authorized
by the Tribal Council shall have the
authority to enforce this Statute by
confiscating any liquor sold, possessed,
distributed, manufactured or introduced
within Lands under the Jurisdiction of
the Tribe in violation of this Statute or
of any regulations duly adopted
pursuant to this Statute.
(b) The Tribal Council shall have the
exclusive jurisdiction to hold hearings
on violations of this Statute and any
procedures or regulations adopted
pursuant to this Statute; to promulgate
appropriate procedures governing such
hearings; to determine and enforce
penalties or damages for violations of
this Statute; and to delegate to a
subordinate hearing officer or panel the
authority to take any or all of the
foregoing actions on its behalf.
Chapter Four—Licensing
Section:
4.1 Licensing. The Tribal Council
shall have the power to establish
procedures and standards for tribal
licensing of liquor sales within Lands
under the Jurisdiction of the Tribe,
including the setting of a license fee
schedule, and shall have the power to
publish and enforce such standards;
provided that no tribal license shall
issue except upon showing of
satisfactory proof that the applicant is
duly licensed by the State. The fact that
an applicant for a tribal license
possesses a license issued by the State
shall not provide the applicant with an
entitlement to a tribal license. The
Tribal Council may in its discretion set
standards which are more, but in no
case less, stringent than those of the
State.
Section:
6.1 Taxation. Nothing contained in
this Statute is intended to, nor does in
any way, limit or restrict the Tribe’s
ability to impose any tax upon the sale
or consumption of alcohol. The Tribe
retains the right to impose such taxes by
appropriate statute to the full extent
permitted by federal law.
Chapter Five—Enforcement
Section:
5.1 Enforcement. The Tribal Council
shall have the power to develop, enact,
promulgate and enforce regulations as
necessary for the enforcement of this
Statute and to protect the public health,
welfare and safety of the Tribe and
Lands under the Jurisdiction of the
Tribe, provided that all such regulations
shall conform to and not be in conflict
with any applicable tribal, federal or
state law. Regulations enacted pursuant
to this Statute may include provisions
for suspension or revocation of tribal
liquor licenses, reasonable search and
seizure provisions, and civil and
criminal penalties for violations of this
Statute to the full extent permitted by
federal law and consistent with due
process.
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Chapter Six—Taxes
Chapter Seven—Miscellaneous
Provisions
Section:
7.1 Sovereign Immunity Preserved.
Nothing contained in this Statute is
intended to, nor does in any way, limit,
alter, restrict, or waive the sovereign
immunity of the Tribe or any of its
agencies, agents or officials from
unconsented suit or action of any kind.
7.2 Conformance with Applicable
Laws. All acts and transactions under
this Statute shall be in conformity with
the Compact and laws of the State to the
extent required by 18 U.S.C. 1161 and
with all Federal laws regarding alcohol
in Indian Country.
7.3 Effective Date. This Statute shall
be effective as of the date on which the
Secretary of Interior certifies this Statute
and publishes the same in the Federal
Register.
7.4 Repeal of Prior Acts. All prior
enactments of the Tribal Council,
including tribal resolutions, policies,
regulations, or statutes pertaining to the
subject matter set forth in this Statute
are hereby rescinded.
7.5 Amendments. This Statute may
only be amended pursuant to an
amendment duly enacted by the Tribal
Council and certification by the
Secretary of the Interior and publication
in the Federal Register, if required.
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
7.6 Severability and Savings Clause.
If any part or provision of this Statute
is held invalid, void, or unenforceable
by a court of competent jurisdiction,
such adjudication shall not be held to
render such provisions inapplicable to
other persons or circumstances. Further,
the remainder of the Statute shall not be
affected and shall continue to remain in
full force and effect.
[FR Doc. 2012–30003 Filed 12–11–12; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–IMR–YELL–11838; PPWONRADE2,
PMP00EI05.YP0000]
Winter Use Plan, Final Environmental
Impact Statement Amended Record of
Decision, Yellowstone National Park,
Idaho, Montana, and Wyoming
National Park Service, Interior.
ACTION: Notice of Availability of
Amended Record of Decision for the
Final Environmental Impact Statement
for a Winter Use Plan, Yellowstone
National Park.
AGENCY:
Pursuant to Sec. 102(2)(C) of
the National Environmental Policy Act
of 1969, 42 U.S.C. 4332(2)(C), the
National Park Service (NPS) announces
the availability of the Amended Record
of Decision for the Winter Use Plan for
Yellowstone National Park, located in
Idaho, Montana, and Wyoming. On
December 3, 2012, the Regional
Director, Intermountain Region,
approved the Amended Record of
Decision for the plan.
The NPS will implement this decision
through an implementing regulation
that will take effect on December 15,
2012.
will remain open under the same
conditions as the past three winter
seasons.
The Final Environmental Impact
Statement analyzed eight alternatives,
including a no-action alternative. The
full range of foreseeable environmental
consequences was assessed, and
appropriate mitigating measures were
identified.
The Amended Record of Decision
includes a statement of the decision
made, synopses of other alternatives
considered, the basis for the decision, a
description of the environmentally
preferred alternative, a listing of
measures to minimize environmental
harm, and an overview of public
involvement in the decision-making
process.
Copies of the Amended Record of
Decision may be obtained from the
contact listed above or online at
https://parkplanning.nps.gov/yell.
Dated: December 2, 2012.
John Wessels,
Regional Director, Intermountain Region,
National Park Service.
[FR Doc. 2012–29914 Filed 12–11–12; 8:45 am]
BILLING CODE 4312–52–P
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Wade Vagias, Management Assistant,
Yellowstone National Park, 307–344–
2035.
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[Investigation No. 337–TA–851]
Certain Integrated Circuit Packages
Provided with Multiple HeatConducting Paths and Products
Containing Same; Commission
Determination Not To Review an Initial
Determination Granting Complainants’
Motion for Termination of the
Investigation Based on Withdrawal of
Complaint
U.S. International Trade
Commission.
ACTION: Notice.
AGENCY:
Notice is hereby given that
the U.S. International Trade
Commission has determined not to
review an initial determination (‘‘ID’’)
(Order No. 5) of the presiding
administrative law judge (‘‘ALJ’’)
granting complainant’s motion for
termination of the investigation based
on withdrawal of the complaint.
FOR FURTHER INFORMATION CONTACT:
Michael Liberman, Esq., Office of the
General Counsel, U.S. International
Trade Commission, 500 E Street SW.,
Washington, DC 20436, telephone (202)
205–3115. Copies of non-confidential
documents filed in connection with this
investigation are or will be available for
inspection during official business
SUMMARY:
The
Amended Record of Decision selects
Alternative 2 for implementation, for
the 2012–2013 winter season only. The
NPS will allow oversnow vehicle use in
the park for the winter of 2012–2013 at
the same levels that were allowed under
the interim regulation in place for the
winters of 2009–2010, 2010–2011, and
2011–2012. Up to 318 commercially
guided, best-available-technology
snowmobiles and 78 commercially
guided snowcoaches will be allowed in
the park per day. All snowmobiles and
snowcoaches will be 100 percent
commercially guided and Sylvan Pass
SUPPLEMENTARY INFORMATION:
INTERNATIONAL TRADE
COMMISSION
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74027
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 at 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.
The
Commission instituted this investigation
on July 5, 2012, based on a complaint
filed by Industrial Technology Research
Institute of Hsinchu, Taiwan, and ITRI
International of San Jose, California
(collectively, ‘‘ITRI’’). 77 FR 39735 (Jul.
5, 2012). The complaint, as amended,
alleges violations of section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) in
the importation into the United States,
the sale for importation, and the sale
within the United States after
importation of certain integrated circuit
packages provided with multiple heatconducting paths and products
containing same by reason of
infringement of certain claims of U.S.
Patent No. 5,710,459. The complaint, as
amended, names LG Electronics, Inc. of
Seoul, Republic of Korea, and LG
Electronics, U.S.A. of Englewood Cliffs,
New Jersey (collectively, ‘‘LG’’) as
respondents.
Complainants ITRI moved to
terminate the investigation in its
entirety based on withdrawal of the
complaint. Respondents LG did not
oppose the motion. On November 8,
2012, the ALJ issued an ID (Order No.
5) granting the motion. No party
petitioned for review of the ID, and the
Commission has determined not to
review it.
The authority for the Commission’s
determination is contained in section
337 of the Tariff Act of 1930, as
amended, 19 U.S.C. 1337, and in
sections 210.21 and 210.42(h) of the
Commission’s Rules of Practice and
Procedure, 19 CFR 210.21, 210.42(h).
SUPPLEMENTARY INFORMATION:
By order of the Commission.
Issued: December 6, 2012.
Lisa R. Barton,
Acting Secretary to the Commission.
[FR Doc. 2012–29957 Filed 12–11–12; 8:45 am]
BILLING CODE 7020–02–P
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]]>Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74025-74027]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30003]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Federated Indians of Graton Rancheria--Liquor Control Statute
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Federated Indians of Graton
Rancheria--Liquor Control Statute (Ordinance). The Ordinance regulates
and controls the sale, consumption and possession of liquor within the
Graton Rancheria's Indian country. This Ordinance will increase the
ability of the tribal government to control the distribution and
possession of liquor within its Indian country 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 Act is effective as of December 12, 2012.
FOR FURTHER INFORMATION CONTACT: Sophia Torres, Tribal Government
Specialist, Pacific Regional Office, Bureau of Indian Affairs, 2800
Cottage Way--Room W-2820, Sacramento, CA 95825; Telephone (916) 978-
6073; Fax (916) 978-6099; or De Springer, Office of Indian Services,
1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202)
513-7626; 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 Federated Indians of Graton
Rancheria Tribal Council adopted the Liquor Control Statute, by Tribal
Council Resolution No. 12-07, on April 13, 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 Tribal Council duly adopted the Liquor
Control Statute on April 13, 2012.
Dated: November 27, 2012.
Kevin Washburn,
Assistant Secretary, Indian Affairs.
The Federated Indians of Graton Rancheria Liquor Control Statute
reads as follows:
Chapter One--Introduction
Section:
1.1 Authority. This Statute is enacted pursuant to the Act of
August 15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and by
powers vested in the Tribal Council of the Federated Indians of Graton
Rancheria (``Tribal Council'') to enact laws, policies, and regulations
as authorized under Article VI, Section 1 of the Constitution of the
Federated Indians of Graton Rancheria (the ``Constitution''), adopted
December 2002.
1.2 Purpose. The purpose of this Statute is to regulate and control
the possession, sale, manufacture and distribution of liquor within
Lands Under the Jurisdiction of the Federated Indians of Graton
Rancheria (``Tribe''), including the Reservation of the Federated
Indians of Graton Rancheria (``Reservation''), in order to permit
alcohol sales by tribally owned and operated enterprises and private
lessees, and at tribally approved special events. Enactment of a liquor
control statute will help provide a source of revenue for the continued
operation of the tribal government, the delivery of governmental
services, and the economic viability of tribal enterprises.
1.3 Short Title. This Statute shall be known and cited as the
``Liquor Control Statute.''
1.4 Jurisdiction. This Statute shall apply to all lands now or in
the future under the governmental authority of the Tribe, including,
but not limited to, the Reservation and any lands that may be taken
into trust for the Tribe.
1.5 Application of 18 U.S.C. 1161. By adopting this Statute, the
Tribe hereby regulates the sale, distribution, and consumption of
liquor while ensuring that such activity conforms with all applicable
laws of the State of California as required by 18 U.S.C. 1161 and the
United States.
1.6 Declaration of Public Policy; Findings. The Tribal Council
enacts this Statute, based upon the following findings:
(a) The distribution, possession, consumption and sale of liquor on
the Tribe's Reservation is a matter of special concern to the Tribe.
(b) The Tribe is the beneficial owner of the Reservation, upon
which the Tribe plans to construct and operate a gaming facility and
related entertainment and lodging facilities.
(c) The Tribe's gaming facility will serve as an integral and
indispensible part of the Tribe's economy, providing revenue to the
Tribe's government and employment to tribal citizens and others in the
local community.
(d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently
prohibits the introduction of liquor into Indian country, except in
accordance with State law and the duly enacted law of the Tribe.
(e) The Tribe recognizes the need for strict control and regulation
of liquor transactions on Lands under the Tribe's Jurisdiction because
of potential problems associated with the unregulated or inadequate
regulated sale, possession, distribution, and consumption of liquor.
(f) Regulating the possession, sale, distribution and manufacture
of liquor within Lands under the Tribe's Jurisdiction is also
consistent with the Tribe's interest in ensuring the peace, safety,
health, and general welfare of the Tribe and its citizens.
(g) Tribal control and regulation of liquor on Lands under the
Tribe's Jurisdiction is consistent with the Tribe's custom and
tradition of controlling the possession and consumption of liquor on
tribal lands and at tribal events.
(h) The purchase, distribution, and sale of liquor on Lands under
the Tribe's Jurisdiction shall take place only at duly licensed (i)
tribally owned enterprises, (ii) other enterprises operating pursuant
to a lease with the Tribe, and (iii) tribally-sanctioned events.
(i) The sale or other commercial manufacture or distribution of
liquor on Lands under the Tribe's Jurisdiction, other than sales,
manufacture, and distributions made in strict compliance with this
Statute, is detrimental to the health, safety, and general welfare of
the citizens of the Tribe, and is prohibited.
Chapter Two--Definitions
Section:
[[Page 74026]]
2.1 Definitions. As used in this Statute, the terms below are
defined as follows:
(a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit
of wine, in any form, and regardless of source or the process used for
its production.
(b) Alcoholic beverage means all alcohol, spirits, liquor, wine,
beer and any liquid or solid containing alcohol, spirits, liquor, wine,
or beer, and which contains one-half of one percent or more of alcohol
by volume and that is fit for human consumption, either alone or when
diluted, mixed, or combined with any other substance(s).
(c) Compact means the tribal-state Compact between the State of
California and the Tribe that governs the conduct of class III gaming
activities on the Reservation pursuant to the Indian Gaming Regulatory
Act.
(d) License means, unless otherwise stated, a license issued by the
Tribe in accordance with this Statute.
(e) Liquor means any alcoholic beverage, as defined under this
Section.
(f) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm,
corporation, partnership, joint corporation, association, society, or
any group of individuals acting as a unit, whether mutual, cooperative,
fraternal, non-profit or otherwise, and any other Indian tribe, band or
group. The term shall also include the businesses of the Tribe.
(g) Sale and sell means the transfer for consideration of any kind,
including by exchange or barter.
(h) State means the State of California.
(i) Lands under the Tribe's Jurisdiction means and includes all
lands now or in the future under the governmental authority of the
Tribe, including, but not limited to, the Reservation and any lands
that may be taken into trust for the Tribe.
(j) Reservation means all lands held in trust by the United States
for the benefit of the Tribe pursuant to the Graton Rancheria
Restoration Act (Pub. L. 106-568, 25 U.S.C. 1300n).
Chapter Three--Liquor Sales, Possession, & Manufacture
Section:
3.1 Possession of Alcohol. The introduction and possession of
alcoholic beverages shall be lawful within Lands under the Tribe's
Jurisdiction; provided that such introduction or possession is in
conformity with the laws of the State.
3.2 Retail Sales of Alcohol. The sale of alcoholic beverages shall
be lawful within Lands under the Jurisdiction of the Tribe; provided
that such sales are in conformity with the laws of the State and are
made pursuant to a license issued by the Tribe.
3.3 Manufacture of Alcohol. The manufacture of beer and wine shall
be lawful within Lands under the Jurisdiction of the Tribe, provided
that such manufacture is in conformity with the laws of the State and
pursuant to a license issued by the Tribe.
3.4 Age Limits. The legal age for possession or consumption of
alcohol within Lands under the Jurisdiction of the Tribe shall be the
same as that of the State, which is currently 21 years. No person under
the age of 21 years shall purchase, possess or consume any alcoholic
beverage. If there is any conflict between State law and the terms of
the Compact regarding the age limits for alcohol possession or
consumption, the age limits in the Compact shall govern for purposes of
this Statute.
Chapter Four--Licensing
Section:
4.1 Licensing. The Tribal Council shall have the power to establish
procedures and standards for tribal licensing of liquor sales within
Lands under the Jurisdiction of the Tribe, including the setting of a
license fee schedule, and shall have the power to publish and enforce
such standards; provided that no tribal license shall issue except upon
showing of satisfactory proof that the applicant is duly licensed by
the State. The fact that an applicant for a tribal license possesses a
license issued by the State shall not provide the applicant with an
entitlement to a tribal license. The Tribal Council may in its
discretion set standards which are more, but in no case less, stringent
than those of the State.
Chapter Five--Enforcement
Section:
5.1 Enforcement. The Tribal Council shall have the power to
develop, enact, promulgate and enforce regulations as necessary for the
enforcement of this Statute and to protect the public health, welfare
and safety of the Tribe and Lands under the Jurisdiction of the Tribe,
provided that all such regulations shall conform to and not be in
conflict with any applicable tribal, federal or state law. Regulations
enacted pursuant to this Statute may include provisions for suspension
or revocation of tribal liquor licenses, reasonable search and seizure
provisions, and civil and criminal penalties for violations of this
Statute to the full extent permitted by federal law and consistent with
due process.
(a) Tribal law enforcement personnel and security personnel duly
authorized by the Tribal Council shall have the authority to enforce
this Statute by confiscating any liquor sold, possessed, distributed,
manufactured or introduced within Lands under the Jurisdiction of the
Tribe in violation of this Statute or of any regulations duly adopted
pursuant to this Statute.
(b) The Tribal Council shall have the exclusive jurisdiction to
hold hearings on violations of this Statute and any procedures or
regulations adopted pursuant to this Statute; to promulgate appropriate
procedures governing such hearings; to determine and enforce penalties
or damages for violations of this Statute; and to delegate to a
subordinate hearing officer or panel the authority to take any or all
of the foregoing actions on its behalf.
Chapter Six--Taxes
Section:
6.1 Taxation. Nothing contained in this Statute is intended to, nor
does in any way, limit or restrict the Tribe's ability to impose any
tax upon the sale or consumption of alcohol. The Tribe retains the
right to impose such taxes by appropriate statute to the full extent
permitted by federal law.
Chapter Seven--Miscellaneous Provisions
Section:
7.1 Sovereign Immunity Preserved. Nothing contained in this Statute
is intended to, nor does in any way, limit, alter, restrict, or waive
the sovereign immunity of the Tribe or any of its agencies, agents or
officials from unconsented suit or action of any kind.
7.2 Conformance with Applicable Laws. All acts and transactions
under this Statute shall be in conformity with the Compact and laws of
the State to the extent required by 18 U.S.C. 1161 and with all Federal
laws regarding alcohol in Indian Country.
7.3 Effective Date. This Statute shall be effective as of the date
on which the Secretary of Interior certifies this Statute and publishes
the same in the Federal Register.
7.4 Repeal of Prior Acts. All prior enactments of the Tribal
Council, including tribal resolutions, policies, regulations, or
statutes pertaining to the subject matter set forth in this Statute are
hereby rescinded.
7.5 Amendments. This Statute may only be amended pursuant to an
amendment duly enacted by the Tribal Council and certification by the
Secretary of the Interior and publication in the Federal Register, if
required.
[[Page 74027]]
7.6 Severability and Savings Clause. If any part or provision of
this Statute is held invalid, void, or unenforceable by a court of
competent jurisdiction, such adjudication shall not be held to render
such provisions inapplicable to other persons or circumstances.
Further, the remainder of the Statute shall not be affected and shall
continue to remain in full force and effect.
[FR Doc. 2012-30003 Filed 12-11-12; 8:45 am]
BILLING CODE 4310-4J-P
