Bishop Paiute Tribe-Liquor Control Ordinance No. 2012-07, 15037-15039 [2013-05499]
Download as PDF
<![CDATA[
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Notices
Tribe v. Watt, 719 F.2d 314 (9th Cir.
1983).
This information collection allows
BIA to receive the information necessary
to determine whether an applicant to
obtain, modify, or assign a grazing
permit on Navajo Partitioned Lands is
eligible and complies with all
applicable grazing permit requirements.
mstockstill on DSK4VPTVN1PROD with NOTICES
II. Request for Comments
The BIA requests your comments on
this collection concerning: (a) The
necessity of this information collection
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (b) The accuracy of the
agency’s estimate of the burden (hours
and cost) of the collection of
information, including the validity of
the methodology and assumptions used;
(c) Ways we could enhance the quality,
utility, and clarity of the information to
be collected; and (d) Ways we could
minimize the burden of the collection of
the information on the respondents.
Please note that an agency may not
conduct or sponsor, and an individual
need not respond to, a collection of
information unless it has a valid OMB
Control Number.
It is our policy to make all comments
available to the public for review at the
location listed in the ADDRESSES section.
Before including your address, phone
number, email address or other
personally identifiable information in
your comment, you should be aware
that your entire comment—including
your personal identifying information—
may be made publicly available at any
time. While you can ask us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
III. Data
OMB Control Number: 1076–0162.
Title: Navajo Partitioned Lands
Grazing Permits, 25 CFR 161.
Brief Description of Collection:
Submission of information is required
for Navajo Nation representatives,
members, and authorized tribal
organizations to obtain, modify, or
assign a grazing permit on Navajo
partitioned lands. Response is required
to obtain a benefit.
Type of Review: Extension without
change of currently approved collection.
Respondents: Tribes, tribal
organizations, and individual Indians.
Number of Respondents: 750.
Estimated Number of Responses:
1,500.
Estimated Time per Response: On
average, 2 hours.
VerDate Mar<15>2010
18:44 Mar 07, 2013
Jkt 229001
Estimated Total Annual Hour Burden:
3,000 hours.
Dated: March 4, 2013.
John Ashley,
Acting Assistant Director for Information
Resources.
15037
Assistant Secretary—Indian Affairs. I
certify that the Bishop Tribal Council
duly adopted Liquor Control Ordinance
No. 2012–07 by Resolution T2012–46 on
October 29, 2012.
BILLING CODE 4310–4J–P
Dated: February 28, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
The Bishop Paiute Tribal Liquor
Control Ordinance No. 2012–07 shall
read as follows:
[FR Doc. 2013–05492 Filed 3–7–13; 8:45 am]
Bureau of Indian Affairs
Bishop Paiute Tribe—Liquor Control
Ordinance No. 2012–07
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Liquor Control Ordinance No. 2012–07
of the Bishop Paiute Tribe. The
Ordinance regulates and controls the
possession, sale and consumption of
liquor within the Indian Country of the
Bishop Paiute Tribe. The land is trust
land and this Ordinance allows for the
possession and sale of alcoholic
beverages within the jurisdiction of the
Bishop Paiute Tribe. This Ordinance
will increase the ability of the tribal
government to control the distribution
and possession of liquor within their
jurisdiction, and at the same time will
provide an important source of revenue,
the strengthening of the tribal
government and the delivery of tribal
services.
Effective Date: This Ordinance is
effective March 8, 2013.
FOR FURTHER INFORMATION CONTACT:
Harley Long, Tribal Government Officer,
Pacific Regional Office, Bureau of
Indian Affairs, 2800 Cottage Way,
Sacramento, CA 95825, Phone: (916)
978–6067; Fax: (916) 916–6099: or De
Springer, Office of Indian Services,
Bureau of Indian Affairs, 1849 C Street
NW., MS–4513–MIB, Washington, DC
20240; Telephone (202) 513–7640.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Bishop Tribal Council adopted this
Ordinance by Resolution T2012–46 on
October 29, 2012.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
DATES:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Preamble
The Bishop Paiute Tribe (Tribe), aka
the Paiute-Shoshone Indians of the
Bishop Community of the Bishop
Colony (Tribe), a federally recognized
Indian Tribe located on the Bishop
Paiute Reservation, established under
Act of Congress of April 20, 1937 (50
Statutes 70), in Inyo County, California,
with inherent sovereignty and a
government to government relationship
with the United States of America, has
all the rights accorded to federally
recognized tribes, with the Bishop
Paiute Tribal Council recognized as the
duly elected governing body of the
Tribe.
This Ordinance is hereby enacted by
the Bishop Tribal Council (Tribal
Council) in exercising its inherent legal
authority as the governing body of the
Bishop Paiute Tribe.
Additional authority for the adoption
of this ordinance is found in Federal
Law at 18 U.S.C. 1161, providing in part
that the Indian Liquor Laws found in
the United States Code, shall not apply
to any act or transaction with any area
of Indian Country, provided such act or
transaction is in conformity with both
the laws of the state in which such act
or transaction occurs, and with the laws
duly adopted by the Tribe having
jurisdiction over such areas of Indian
Country.
Section 1.00—Declaration of Purpose
The purpose of this Ordinance is to
regulate the sale, possession and use of
alcoholic liquor on the Bishop Paiute
Reservation and other lands subject to
Tribal jurisdiction with the exception of
Blocks thirty seven (37) and thirty eight
(38) which are addressed by General
Council Ordinance adopted on August
22, 1961. This Ordinance (2012–07)
does not change or affect any provisions
of the General Council Ordinance
relating to Blocks thirty seven (37) and
thirty eight (38).
Section 2.00—Definitions
In construing the provisions of this
Ordinance, the following words or
phrases shall have the meaning
designated unless a different meaning is
E:\FR\FM\08MRN1.SGM
08MRN1
15038
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
expressly provided or the context
clearly indicates otherwise.
01. ‘‘Licensed Premises’’ means any
Tribally authorized establishment at
which liquor is sold and, for the
purpose of this Ordinance, includes
stores only a portion of which are
devoted to sale of liquor or beer, any
bar, or any public place designated by
the Tribes as a licensed establishment
for the sale of liquor/alcohol beverages
under this ordinance.
.02 ‘‘Liquor/Alcohol Beverage’’
includes all alcohol, spirits, wine, beer,
and any liquid or solid containing
alcohol, spirits, wine or beer, and which
contains one-half of one percent or more
of alcohol by volume and which is fit
for beverage purposes either alone or
when diluted, mixed or combined with
other substances. Alcohol and liquor are
interchangeable in this ordinance.
.03 ‘‘Tribal Council’’ means the
Bishop Tribal Council, the duly elected
governing body of the Tribe.
.04 ‘‘Tribal Land’’ means all lands
within the exterior boundaries of the
Bishop Paiute Reservation and such
other lands as may hereafter be acquired
by the Tribe, whether within or without
the present exterior boundaries, under
any grant, transfer, purchase, gift,
adjudication, executive order, Act of
Congress, or other means of acquisition.
.05 ‘‘Tribal Court’’ means the Bishop
Paiute Tribal Court.
Section 3.00—Manufacture, Possession
and Sales of Liquor/Alcohol
.01 Sales of Liquor/Alcohol—The
sale of alcoholic beverages by business
enterprises owned by and/or subject to
the control of the Tribe under this
ordinance shall be lawful within the
exterior boundaries of the Bishop Paiute
Reservation, provided such sales are in
conformity with the laws of the State of
California governing the sale of
alcoholic beverages and this ordinance.
.02 Sales for Cash—All liquor/
alcohol sales on Tribal Land shall be on
a cash-only basis and no credit shall be
extended to any person, organization, or
entity, except that this provision does
not prevent the use of major credit cards
such as, but not limited to Visa or
American Express.
.03 Sales for Personnel
Consumption—All liquor/alcohol sales
shall be for the personal use and
consumption of the purchaser. Resale of
any liquor/alcohol purchased on or off
Tribal Lands is prohibited. Any person
who is not licensed pursuant to this
ordinance and who purchases liquor/
alcoholic beverages on or off Tribal
Lands and sells it on Tribal Lands
within Tribal jurisdiction, whether in
the original container or not, shall be
VerDate Mar<15>2010
18:44 Mar 07, 2013
Jkt 229001
guilty of a violation of this ordinance
and shall be subject to penalties as set
forth herein.
Nothing in this section shall prohibit
a tribal licensee or the Tribe from
purchasing liquor from an off
reservation source for resale on the
Reservation or the delivery to the Tribe
for a tribal licensee of liquor purchased
from off-reservation sources for resale
on the Reservation.
Section 4.00—Prohibition of Sale of
Liquor/Alcohol
.01 Prohibition of the unlicensed
sale of liquor/alcohol—No person shall
import for sale, manufacture, distribute,
or sell any liquor/alcohol beverages
within the reservation without first
applying for and obtaining a Tribal
liquor/alcohol license from the Tribal
Council issued in accordance with the
provisions of this ordinance. Prior to the
Tribal Council issuing such liquor/
alcohol license, the applicant must
possess a valid California liquor/alcohol
license.
.02 Authorize to Sell Liquor/
Alcohol—Any person applying for and
obtaining a liquor/alcohol license under
the provisions of this ordinance shall
have the right to engage in only liquor/
alcohol transactions expressly
authorized by such license and only at
those specific places or areas designated
in the license.
.03 Types of license—The Tribal
Council shall have the authority is issue
the following types of liquor licenses
within the reservation.
(a) ‘‘Retail on-sale general license’’
means a license authorizing the
applicant to sell liquor/alcoholic
beverages at retail to be consumed by
the buyer only on the premises or at the
location designated in the license.
(b) ‘‘Retail on-sale beer and wine
license’’ means a license authorizing the
applicant to sell beer and wine at retail
to be consumed by the buyer only on
the premises or at the location
designated in the license.
(c) ‘‘Retail off-sale general license’’
means a license authorizing the
applicant to sell liquor/alcoholic
beverages at retail to be consumed by
the buyer off the premises or at a
location other than the one designated
in the license.
(d) ‘‘Retail off-sale beer and wine
license’’ means a license authorizing the
applicant to sell beer and wine at retail
to be consumed by the buyer off the
premises or at a location other than the
one designated in the license.
(e) ‘‘Manufacture’s license’’ means a
license authorizing the applicant to
manufacture liquor/alcoholic beverages
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
for the purpose of sale on the
reservation.
Section 5.00—Age Limit
The drinking age for individuals
within the exterior boundaries of the
Bishop Paiute Reservation and/or
general governmental jurisdiction of the
Tribe shall be the same as that of the
State of California, which is currently 21
years. No person under the age of 21
years shall purchase, possess or
consume any liquor/alcoholic beverage.
At such time, if any, as California
Business and Profession Code Section
25658, which sets the drinking age for
the State of California, is repealed or
amended to raise or lower the drinking
age within California, the Tribe shall
operate concurrently with the State of
California as to legal liquor/alcohol
drinking age limits.
.01 Sale or Service of Liquor/
Alcohol by licensee’s minor employees
(a) The holder of a license issued
under this Ordinance may employee
persons 18, 19, and 20 years of age who
may take orders for, serve and sell
alcoholic liquor in any part of the
licensed premises when that activity is
incidental to the serving of food, except
in those areas classified by the
California Department of Alcoholic
Beverage Control as being prohibited to
the use of minors. However, no person
who is 18, 19 and 20 years shall be
permitted to mix, pour or draw
alcoholic liquor except when pouring is
done as a service to the patron at the
patron’s table or drawing is done in a
portion of the premises not prohibited
to minors.
(b) Except as stated in this section, it
shall be unlawful to hire any person to
work in connection with the sale and
service of liquor/alcoholic beverage in a
tribally licensed liquor/alcohol
establishment if such person is under
the age of 21 years.
Section 6.00—Signs
Licensed premises establishments
must post signs that conform to
applicable State, Federal and Tribal
Laws.
Section 7.00—Rules and Regulations
.01 Sale of Possession of with the
intent of sell without a Liquor/Alcohol
License—Any person who sells or offers
for sale or distributes or transport(s) in
any manner, any liquor in violation of
this ordinance, or who possesses liquor/
alcohol with intent to sell or distribute
without a Tribal liquor license, shall be
guilty of a violation of this ordinance.
.02 Sale(s) to Intoxicated Persons—
Any person who knowingly sells liquor/
alcohol to any person under the
E:\FR\FM\08MRN1.SGM
08MRN1
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
influence of liquor/alcoholic beverage,
to the extent that control of the person’s
faculties is impaired shall be guilty of a
violation of this ordinance.
.03 Consuming Liquor/Alcohol in
Public Conveyance—Any person
engaged wholly or in part in the public
conveyance business of carrying
passengers for hire and every agent,
servant, or employee or such person,
who knowingly permits any person to
drink any liquor/alcohol in any vehicle
that carries passengers for hire, while
such vehicle in on Tribal land, shall be
guilty of a violation of this ordinance.
Any person who drinks any liquor/
alcohol in any vehicle that carries
passengers for hire, while such vehicle
is on Tribal land, shall be guilty of a
violation of this ordinance.
.04 Liquor/Alcohol may not be given
as a prize, gift, premium or
consideration for a lottery, contest, game
of chance or skill, or competition of any
kind.
Section 8.00—Enforcement and
Jurisdiction
.01 Enforcement—The Tribe through
its Tribal Council and Bishop Paiute
Tribal Court (Tribal Court) and duly
authorized security personnel, shall
have the authority to enforce this
Ordinance which shall include
confiscating any liquor/alcohol
manufactured, introduced, sold or
possessed located on Tribal Lands in
violation of this ordinance. The Tribal
Council shall be empowered to sell
confiscated liquor/alcohol for the
benefit of the Tribe after receiving Tribal
Court approval, and to develop and
approve such regulations as may
become necessary for the enforcement of
this Ordinance.
.02 Jurisdiction—Any violations of
this ordinance shall constitute a public
nuisance under Tribal law. It shall be
the Tribal Council or its duly authorized
security personnel who may initiate and
maintain an action in the Tribal Court
to abate and permanently enjoin any
nuisance declared under this ordinance
and to enforce any and all provisions
and penalties under this ordinance. The
Tribal Council shall authorize and
implement the development of Court
rules and procedures that will ensure
due process as to all Tribal Court
proceedings under this ordinance. Any
actions taken under this section 8 may
be in addition to any other penalties
provided in this ordinance or adopted
by the Tribal Council from time to time.
This ordinance when approved by the
United States Department of the Interior
and published in the Federal Register
shall fall under the jurisdiction of the
Tribal Court.
VerDate Mar<15>2010
18:44 Mar 07, 2013
Jkt 229001
.03 General penalties—The Tribe
through the Tribal Court may
implement monetary fines not to exceed
$500 for each violation and/or causing
the suspension or revocation of a liquor/
alcohol license. The Tribal Court may
adopt by resolution a separate schedule
of fines for each type of violation, taking
into account its seriousness and the
threat it may pose to the general health
and welfare of tribal members. This
schedule will include violations for
repeat offenders. Any penalties
provided herein shall in addition to any
criminal penalties, which may be
imposed by the Tribal Court through an
adopted separate ordinance that
conforms to federal law.
.04 Conflicting provisions—
Whenever any conflict occurs between
the provisions of this ordinance or the
provisions of any other ordinance of the
Tribe, the stricter of such provisions
shall apply.
.05 Severability—If any provision or
application of this ordinance is
determined invalid such determination
shall not invalidate the remaining
portions of this ordinance.
Section 9.00—Limited Waiver of
Sovereign Immunity
By enacting this ordinance, the Tribe
does not waive, or limit or modify its
sovereign immunity from unconsented
suit or any other judicial or
administrative proceeding except as
specifically provided herein.
The Tribe agrees and grants a limited
waiver of its sovereign immunity solely
for the purpose of authorizing the State
of California through or on behalf of the
California State Department of Alcohol
Beverage Control or any other
appropriate sState agency to bring an
action in courts of appropriate
jurisdiction with the State of California
or California State Administrative
Proceedings, for the purpose of
providing the State of California with
remedies to enforce all laws, rules,
regulations and rights the state has
relating to the issuance of a liquor/
alcohol beverage license to the Tribe.
Section 10.00—Revocation/Suspension
of License
The Tribal Council may revoke or
suspend the license for reasonable cause
after providing the licensee with notice
and an opportunity to participate in a
hearing at which time the licensee is
given an opportunity to respond to any
claims against it alleging a violation of
this Ordinance, and to demonstrate why
the license should not be revoked or
suspended. Any determination of the
Tribal Council concerning revocation or
suspension of a license is final. The
PO 00000
Frm 00081
Fmt 4703
Sfmt 9990
15039
Tribal Council shall direct its
authorized representatives to prepare
appropriate rules of procedure
concerning how a revocation/
suspension hearing is to be held and the
form of notice to be given to a licensee
subject to potential revocation or
suspension of its license.
Section 11.00—Inspection of Licensed
Premises
The premises on which liquor is sold
or distributed shall be open for
inspection by the Tribal Council and/or
its authorized representative with
respect to the enforcement of this
Ordinance at all reasonable times for the
purpose of ascertaining whether the
rules and regulations of the Tribal
Council and this Ordinance are being
complied with.
[FR Doc. 2013–05499 Filed 3–7–13; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Extending Scoping Period To Prepare
a Programmatic Environmental Impact
Statement (EIS) for the Navajo Nation
Integrated Weed Management Plan
Within Coconino, Navajo, and Apache
Counties, AZ; McKinley, San Juan,
McGill, and Cibola, Counties, NM; and
San Juan County, UT
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The Bureau of Indian Affairs
(BIA) is extending the public scoping
period to prepare an EIS for the Navajo
Nation Integrated Weed Management
Plan on the Navajo Indian Reservation.
DATES: Scoping comments are due on
March 20, 2013.
FOR FURTHER INFORMATION CONTACT:
Renee Benally at (928) 283–2210; email:
renee.benally@bia.gov.
SUPPLEMENTARY INFORMATION: The BIA
published a Notice of Intent in the
Federal Register on January 14, 2013,
(78 FR 2685) and ended the scoping
comment period on February 28, 2013.
The BIA is extending the comment
period to March 20, 2013. Please refer
to the January 14, 2013, (78 FR 2685)
Notice of Intent for project details and
commenting instructions.
Dated: February 28, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2013–05398 Filed 3–7–13; 8:45 am]
BILLING CODE 4310–W7–P
E:\FR\FM\08MRN1.SGM
08MRN1
]]>Agencies
[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Notices]
[Pages 15037-15039]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05499]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Bishop Paiute Tribe--Liquor Control Ordinance No. 2012-07
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Liquor Control Ordinance No. 2012-07
of the Bishop Paiute Tribe. The Ordinance regulates and controls the
possession, sale and consumption of liquor within the Indian Country of
the Bishop Paiute Tribe. The land is trust land and this Ordinance
allows for the possession and sale of alcoholic beverages within the
jurisdiction of the Bishop Paiute Tribe. This Ordinance will increase
the ability of the tribal government to control the distribution and
possession of liquor within their jurisdiction, 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 March 8, 2013.
FOR FURTHER INFORMATION CONTACT: Harley Long, Tribal Government
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800
Cottage Way, Sacramento, CA 95825, Phone: (916) 978-6067; Fax: (916)
916-6099: or De Springer, Office of Indian Services, Bureau of Indian
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240;
Telephone (202) 513-7640.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The Bishop Tribal Council adopted this
Ordinance by Resolution T2012-46 on October 29, 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 Bishop Tribal Council duly adopted Liquor
Control Ordinance No. 2012-07 by Resolution T2012-46 on October 29,
2012.
Dated: February 28, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Bishop Paiute Tribal Liquor Control Ordinance No. 2012-07 shall
read as follows:
Preamble
The Bishop Paiute Tribe (Tribe), aka the Paiute-Shoshone Indians of
the Bishop Community of the Bishop Colony (Tribe), a federally
recognized Indian Tribe located on the Bishop Paiute Reservation,
established under Act of Congress of April 20, 1937 (50 Statutes 70),
in Inyo County, California, with inherent sovereignty and a government
to government relationship with the United States of America, has all
the rights accorded to federally recognized tribes, with the Bishop
Paiute Tribal Council recognized as the duly elected governing body of
the Tribe.
This Ordinance is hereby enacted by the Bishop Tribal Council
(Tribal Council) in exercising its inherent legal authority as the
governing body of the Bishop Paiute Tribe.
Additional authority for the adoption of this ordinance is found in
Federal Law at 18 U.S.C. 1161, providing in part that the Indian Liquor
Laws found in the United States Code, shall not apply to any act or
transaction with any area of Indian Country, provided such act or
transaction is in conformity with both the laws of the state in which
such act or transaction occurs, and with the laws duly adopted by the
Tribe having jurisdiction over such areas of Indian Country.
Section 1.00--Declaration of Purpose
The purpose of this Ordinance is to regulate the sale, possession
and use of alcoholic liquor on the Bishop Paiute Reservation and other
lands subject to Tribal jurisdiction with the exception of Blocks
thirty seven (37) and thirty eight (38) which are addressed by General
Council Ordinance adopted on August 22, 1961. This Ordinance (2012-07)
does not change or affect any provisions of the General Council
Ordinance relating to Blocks thirty seven (37) and thirty eight (38).
Section 2.00--Definitions
In construing the provisions of this Ordinance, the following words
or phrases shall have the meaning designated unless a different meaning
is
[[Page 15038]]
expressly provided or the context clearly indicates otherwise.
01. ``Licensed Premises'' means any Tribally authorized
establishment at which liquor is sold and, for the purpose of this
Ordinance, includes stores only a portion of which are devoted to sale
of liquor or beer, any bar, or any public place designated by the
Tribes as a licensed establishment for the sale of liquor/alcohol
beverages under this ordinance.
.02 ``Liquor/Alcohol Beverage'' includes all alcohol, spirits,
wine, beer, and any liquid or solid containing alcohol, spirits, wine
or beer, and which contains one-half of one percent or more of alcohol
by volume and which is fit for beverage purposes either alone or when
diluted, mixed or combined with other substances. Alcohol and liquor
are interchangeable in this ordinance.
.03 ``Tribal Council'' means the Bishop Tribal Council, the duly
elected governing body of the Tribe.
.04 ``Tribal Land'' means all lands within the exterior boundaries
of the Bishop Paiute Reservation and such other lands as may hereafter
be acquired by the Tribe, whether within or without the present
exterior boundaries, under any grant, transfer, purchase, gift,
adjudication, executive order, Act of Congress, or other means of
acquisition.
.05 ``Tribal Court'' means the Bishop Paiute Tribal Court.
Section 3.00--Manufacture, Possession and Sales of Liquor/Alcohol
.01 Sales of Liquor/Alcohol--The sale of alcoholic beverages by
business enterprises owned by and/or subject to the control of the
Tribe under this ordinance shall be lawful within the exterior
boundaries of the Bishop Paiute Reservation, provided such sales are in
conformity with the laws of the State of California governing the sale
of alcoholic beverages and this ordinance.
.02 Sales for Cash--All liquor/alcohol sales on Tribal Land shall
be on a cash-only basis and no credit shall be extended to any person,
organization, or entity, except that this provision does not prevent
the use of major credit cards such as, but not limited to Visa or
American Express.
.03 Sales for Personnel Consumption--All liquor/alcohol sales shall
be for the personal use and consumption of the purchaser. Resale of any
liquor/alcohol purchased on or off Tribal Lands is prohibited. Any
person who is not licensed pursuant to this ordinance and who purchases
liquor/alcoholic beverages on or off Tribal Lands and sells it on
Tribal Lands within Tribal jurisdiction, whether in the original
container or not, shall be guilty of a violation of this ordinance and
shall be subject to penalties as set forth herein.
Nothing in this section shall prohibit a tribal licensee or the
Tribe from purchasing liquor from an off reservation source for resale
on the Reservation or the delivery to the Tribe for a tribal licensee
of liquor purchased from off-reservation sources for resale on the
Reservation.
Section 4.00--Prohibition of Sale of Liquor/Alcohol
.01 Prohibition of the unlicensed sale of liquor/alcohol--No person
shall import for sale, manufacture, distribute, or sell any liquor/
alcohol beverages within the reservation without first applying for and
obtaining a Tribal liquor/alcohol license from the Tribal Council
issued in accordance with the provisions of this ordinance. Prior to
the Tribal Council issuing such liquor/alcohol license, the applicant
must possess a valid California liquor/alcohol license.
.02 Authorize to Sell Liquor/Alcohol--Any person applying for and
obtaining a liquor/alcohol license under the provisions of this
ordinance shall have the right to engage in only liquor/alcohol
transactions expressly authorized by such license and only at those
specific places or areas designated in the license.
.03 Types of license--The Tribal Council shall have the authority
is issue the following types of liquor licenses within the reservation.
(a) ``Retail on-sale general license'' means a license authorizing
the applicant to sell liquor/alcoholic beverages at retail to be
consumed by the buyer only on the premises or at the location
designated in the license.
(b) ``Retail on-sale beer and wine license'' means a license
authorizing the applicant to sell beer and wine at retail to be
consumed by the buyer only on the premises or at the location
designated in the license.
(c) ``Retail off-sale general license'' means a license authorizing
the applicant to sell liquor/alcoholic beverages at retail to be
consumed by the buyer off the premises or at a location other than the
one designated in the license.
(d) ``Retail off-sale beer and wine license'' means a license
authorizing the applicant to sell beer and wine at retail to be
consumed by the buyer off the premises or at a location other than the
one designated in the license.
(e) ``Manufacture's license'' means a license authorizing the
applicant to manufacture liquor/alcoholic beverages for the purpose of
sale on the reservation.
Section 5.00--Age Limit
The drinking age for individuals within the exterior boundaries of
the Bishop Paiute Reservation and/or general governmental jurisdiction
of the Tribe shall be the same as that of the State of California,
which is currently 21 years. No person under the age of 21 years shall
purchase, possess or consume any liquor/alcoholic beverage. At such
time, if any, as California Business and Profession Code Section 25658,
which sets the drinking age for the State of California, is repealed or
amended to raise or lower the drinking age within California, the Tribe
shall operate concurrently with the State of California as to legal
liquor/alcohol drinking age limits.
.01 Sale or Service of Liquor/Alcohol by licensee's minor employees
(a) The holder of a license issued under this Ordinance may
employee persons 18, 19, and 20 years of age who may take orders for,
serve and sell alcoholic liquor in any part of the licensed premises
when that activity is incidental to the serving of food, except in
those areas classified by the California Department of Alcoholic
Beverage Control as being prohibited to the use of minors. However, no
person who is 18, 19 and 20 years shall be permitted to mix, pour or
draw alcoholic liquor except when pouring is done as a service to the
patron at the patron's table or drawing is done in a portion of the
premises not prohibited to minors.
(b) Except as stated in this section, it shall be unlawful to hire
any person to work in connection with the sale and service of liquor/
alcoholic beverage in a tribally licensed liquor/alcohol establishment
if such person is under the age of 21 years.
Section 6.00--Signs
Licensed premises establishments must post signs that conform to
applicable State, Federal and Tribal Laws.
Section 7.00--Rules and Regulations
.01 Sale of Possession of with the intent of sell without a Liquor/
Alcohol License--Any person who sells or offers for sale or distributes
or transport(s) in any manner, any liquor in violation of this
ordinance, or who possesses liquor/alcohol with intent to sell or
distribute without a Tribal liquor license, shall be guilty of a
violation of this ordinance.
.02 Sale(s) to Intoxicated Persons--Any person who knowingly sells
liquor/alcohol to any person under the
[[Page 15039]]
influence of liquor/alcoholic beverage, to the extent that control of
the person's faculties is impaired shall be guilty of a violation of
this ordinance.
.03 Consuming Liquor/Alcohol in Public Conveyance--Any person
engaged wholly or in part in the public conveyance business of carrying
passengers for hire and every agent, servant, or employee or such
person, who knowingly permits any person to drink any liquor/alcohol in
any vehicle that carries passengers for hire, while such vehicle in on
Tribal land, shall be guilty of a violation of this ordinance. Any
person who drinks any liquor/alcohol in any vehicle that carries
passengers for hire, while such vehicle is on Tribal land, shall be
guilty of a violation of this ordinance.
.04 Liquor/Alcohol may not be given as a prize, gift, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
Section 8.00--Enforcement and Jurisdiction
.01 Enforcement--The Tribe through its Tribal Council and Bishop
Paiute Tribal Court (Tribal Court) and duly authorized security
personnel, shall have the authority to enforce this Ordinance which
shall include confiscating any liquor/alcohol manufactured, introduced,
sold or possessed located on Tribal Lands in violation of this
ordinance. The Tribal Council shall be empowered to sell confiscated
liquor/alcohol for the benefit of the Tribe after receiving Tribal
Court approval, and to develop and approve such regulations as may
become necessary for the enforcement of this Ordinance.
.02 Jurisdiction--Any violations of this ordinance shall constitute
a public nuisance under Tribal law. It shall be the Tribal Council or
its duly authorized security personnel who may initiate and maintain an
action in the Tribal Court to abate and permanently enjoin any nuisance
declared under this ordinance and to enforce any and all provisions and
penalties under this ordinance. The Tribal Council shall authorize and
implement the development of Court rules and procedures that will
ensure due process as to all Tribal Court proceedings under this
ordinance. Any actions taken under this section 8 may be in addition to
any other penalties provided in this ordinance or adopted by the Tribal
Council from time to time. This ordinance when approved by the United
States Department of the Interior and published in the Federal Register
shall fall under the jurisdiction of the Tribal Court.
.03 General penalties--The Tribe through the Tribal Court may
implement monetary fines not to exceed $500 for each violation and/or
causing the suspension or revocation of a liquor/alcohol license. The
Tribal Court may adopt by resolution a separate schedule of fines for
each type of violation, taking into account its seriousness and the
threat it may pose to the general health and welfare of tribal members.
This schedule will include violations for repeat offenders. Any
penalties provided herein shall in addition to any criminal penalties,
which may be imposed by the Tribal Court through an adopted separate
ordinance that conforms to federal law.
.04 Conflicting provisions--Whenever any conflict occurs between
the provisions of this ordinance or the provisions of any other
ordinance of the Tribe, the stricter of such provisions shall apply.
.05 Severability--If any provision or application of this ordinance
is determined invalid such determination shall not invalidate the
remaining portions of this ordinance.
Section 9.00--Limited Waiver of Sovereign Immunity
By enacting this ordinance, the Tribe does not waive, or limit or
modify its sovereign immunity from unconsented suit or any other
judicial or administrative proceeding except as specifically provided
herein.
The Tribe agrees and grants a limited waiver of its sovereign
immunity solely for the purpose of authorizing the State of California
through or on behalf of the California State Department of Alcohol
Beverage Control or any other appropriate sState agency to bring an
action in courts of appropriate jurisdiction with the State of
California or California State Administrative Proceedings, for the
purpose of providing the State of California with remedies to enforce
all laws, rules, regulations and rights the state has relating to the
issuance of a liquor/alcohol beverage license to the Tribe.
Section 10.00--Revocation/Suspension of License
The Tribal Council may revoke or suspend the license for reasonable
cause after providing the licensee with notice and an opportunity to
participate in a hearing at which time the licensee is given an
opportunity to respond to any claims against it alleging a violation of
this Ordinance, and to demonstrate why the license should not be
revoked or suspended. Any determination of the Tribal Council
concerning revocation or suspension of a license is final. The Tribal
Council shall direct its authorized representatives to prepare
appropriate rules of procedure concerning how a revocation/suspension
hearing is to be held and the form of notice to be given to a licensee
subject to potential revocation or suspension of its license.
Section 11.00--Inspection of Licensed Premises
The premises on which liquor is sold or distributed shall be open
for inspection by the Tribal Council and/or its authorized
representative with respect to the enforcement of this Ordinance at all
reasonable times for the purpose of ascertaining whether the rules and
regulations of the Tribal Council and this Ordinance are being complied
with.
[FR Doc. 2013-05499 Filed 3-7-13; 8:45 am]
BILLING CODE 4310-4J-P
