Cedarville Rancheria-Liquor Licensing Ordinance of the Cedarville Rancheria, Ordinance No. 2012-05, 15970-15973 [2013-05811]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 78, Number 49 (Wednesday, March 13, 2013)]
[Notices]
[Pages 15970-15973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05811]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Cedarville Rancheria--Liquor Licensing Ordinance of the 
Cedarville Rancheria, Ordinance No. 2012-05

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Liquor Licensing Ordinance of the 
Cedarville Rancheria, Ordinance No. 2012-05. The Ordinance regulates 
and controls the possession, sale and consumption of liquor within the 
Indian Country of the Cedarville Rancheria. The land is trust land and 
this Ordinance allows for the possession and sale of alcoholic 
beverages within the jurisdiction of the Cedarville Rancheria. 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, 
strengthen the tribal government and improve the delivery of tribal 
services.

DATES: Effective Date: This Ordinance is effective March 13, 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 Cedarville Rancheria Community 
Council adopted this Ordinance by Cedarville Rancheria Resolution 
12-04 on April 14, 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 Cedarville Rancheria Community Council duly 
adopted the Liquor Licensing Ordinance of the Cedarville Rancheria, 
Ordinance No. 2012-05 by Cedarville Rancheria Resolution 12-04 
on April 14, 2012.

    Dated: March 5, 2013.
Kevin K. Washburn
Assistant Secretary--Indian Affairs.

    The Liquor Licensing Ordinance of the Cedarville Rancheria, 
Ordinance No. 12-05, shall read as follows:

Chapter 01--Introduction

    Section 01.010--Title. This Ordinance shall be known as the Liquor 
Control Ordinance of the Cedarville Rancheria.
    Section 01.020--Authority. This Ordinance is enacted pursuant to 
the Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 
1161), and Article VIII, Section 2 of the Constitution and Bylaws of 
the Cedarville Rancheria, Modoc County, Cedarville, California.
    Section 01.030--Purpose. The purpose of this ordinance is to 
regulate and control the possession and sale of liquor on the 
Cedarville Rancheria, Modoc County, California. The enactment of a 
Tribal ordinance governing liquor possession and sale on the 
Reservation will increase the ability of the Tribal government to 
control Reservation liquor distribution and possession, and, at the 
same time, will provide an important source of revenue for the 
continued operation and strengthening of the tribal government and the 
delivery of tribal government services.
    Section 01.040--Effective Date. This ordinance shall be effective 
on such date as the Secretary of the Interior certifies this ordinance 
and publishes the same in the Federal Register.

Chapter 02--General Provisions

    02.010--Short title. This ordinance shall be known and cited as the 
Cedarville Rancheria Liquor Licensing Ordinance.
    02.020--Purpose. The purpose of this Ordinance is to prohibit the 
importation, manufacture, distribution and sale of alcoholic beverages 
on the Cedarville Rancheria except pursuant to a license issued by the 
Executive Committee under the provisions of this ordinance.
    02.030--Sovereign immunity preserved. Nothing in this ordinance is 
intended nor shall be construed as a waiver of the sovereign immunity 
of the Cedarville Rancheria. No officer or employee of the Cedarville 
Rancheria is authorized nor shall he/she attempt to waive the immunity 
of the Tribe under the provisions of this ordinance unless such officer 
or employee has an express and explicit written authorization from the 
Cedarville Rancheria Community Council pursuant to Article VIII, 
Section 1(f) the Constitution and Bylaws of the Cedarville Rancheria, 
Modoc County, Cedarville, California.
    02.040--Applicability within the Reservation. This ordinance shall 
apply to all persons within the exterior boundaries of the Cedarville 
Rancheria consistent with the applicable federal Indian liquor laws.
    02.050--Possession of alcoholic beverages. Nothing in this 
Ordinance shall be interpreted as prohibiting the possession, 
transportation or

[[Page 15971]]

consumption of alcoholic beverages within the boundaries of the 
Cedarville Rancheria. Possession, transportation and/or consumption of 
alcoholic beverages within the exterior boundaries of the Reservation 
in conformity with the provisions of Federal law and in conformity with 
the laws of the State of California relating to the possession, 
transportation, or consumption of alcoholic beverages is expressly 
permitted under this Ordinance.
    02.060--Interpretation and findings. The Executive Committee in the 
first instance may interpret any ambiguities contained in this 
ordinance.
    02.070--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.
    02.080--Application of 18 U.S.C. 1161. The consumption, 
importation, manufacture, distribution and sale of alcoholic beverages 
on the Cedarville Rancheria shall be in conformity with this Ordinance 
and in conformity with the laws of the State of California as that 
phrase or term is used in 18 U.S.C. 1161.

Chapter 03--Definitions

    03.010--Interpretation. In construing the provisions of this 
ordinance the following words or phrases shall have the meaning 
designated unless a different meaning is expressly provided or the 
context clearly indicates otherwise.
    03.020--Alcohol. Alcohol means ethyl alcohol, hydrated oxide of 
ethyl, or spirits of wine, in any form, and regardless of source or the 
process used for its production.
    03.030--Alcoholic beverage. Alcoholic beverage includes all 
alcohol, spirits, liquor, 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. It shall be interchangeable in this ordinance with 
the term liquor.
    03.040--Beer. Beer means any alcoholic beverage obtained by the 
fermentation of any infusion or decoction of barley, malt, hops, or any 
other similar product, or any combination thereof in water, and 
includes ale, porter, brown, stout, lager beer, small beer, and strong 
beer, and also includes sake, otherwise known as Japanese rice wine.
    03.050--Distilled spirits. Distilled spirits means any alcoholic 
beverage obtained by the distillation of fermented agricultural 
products, and includes alcohol for beverage use, spirits of wine, 
whiskey, rum, brandy, and gin, including all dilutions and mixtures 
thereof.
    03.060--Importer. Importer means any person who introduces alcohol 
or alcoholic beverages into the Cedarville Rancheria from outside the 
exterior boundaries of the Reservation for the purpose of sale or 
distribution within the Reservation, provided however, the term 
importer as used herein shall not include a wholesaler licensed by any 
state or tribal government selling alcoholic beverages to a seller 
licensed by a state or tribal government to sell at retail.
    03.070--Liquor license. Liquor license means a license issued by 
the Cedarville Rancheria Executive Committee under the provisions of 
this ordinance authorizing the sale, manufacture, or importation of 
alcoholic beverages on or within the Reservation consistent with 
federal law.
    03.080--Manufacturer. Manufacturer means any person engaged in the 
manufacture of alcohol or alcoholic beverages.
    03.090--Person. Person means any individual, whether Indian or non- 
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
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, 
whether recognized by the United States Government or otherwise. The 
term shall also include the businesses of the Tribe. It shall be 
interchangeable in this ordinance with the term ``seller'' or 
``licensee.''
    03.100--Reservation. Reservation means all lands within the 
exterior boundaries of the Cedarville Rancheria and such other lands as 
may hereafter be acquired by the Tribe, whether within or without said 
boundaries, under any grant transfer, purchase, gift, adjudication, 
executive order, Act of Congress, or other means of acquisition.
    03.110--Sale. Sale means the exchange of property and/or any 
transfer of the ownership of, title to, or possession of property for a 
valuable consideration, exchange or barter, in any manner or by any 
means whatsoever. It includes conditional sales contracts, leases with 
options to purchase, and any other contract under which possession of 
property is given to the purchaser, buyer, or consumer but title is 
retained by the vendor, retailer, manufacture, or wholesaler, as 
security for the payment of the purchase price. Specifically, it shall 
include any transaction whereby, for any consideration, title to 
alcoholic beverages is transferred from one person to another, and 
includes the delivery of alcoholic beverages pursuant to an order 
placed for the purchase of such beverages, or soliciting or receiving 
such beverages.
    03.120--Seller. Seller means any person who, while within the 
exterior boundaries of the Reservation, sells, solicits or receives an 
order for any alcohol, alcoholic beverages, distilled spirits, beer, or 
wine.
    03.130--Executive Committee. Executive Committee means the 
Cedarville Rancheria Executive Committee.
    03.140--Tribe. Tribe means the Cedarville Rancheria.
    03.150--Wine. Wine means the product obtained from the normal 
alcoholic fermentation of the juice of the grapes or other agricultural 
products containing natural or added sugar or any such alcoholic 
beverage to which is added grape brandy, fruit brandy, or spirits of 
wine, which is distilled from the particular agricultural product or 
products of which the wine is made, and other rectified wine products.

Chapter 04--Prohibition of the Unlicensed Sale of Liquor

    04.010--Prohibition of the unlicensed sale of liquor. No person 
shall import for sale, manufacture, distribute or sell any alcoholic 
beverages within the Reservation without first applying for and 
obtaining a written license from the Executive Committee issued in 
accordance with the provisions of this ordinance.
    04.020--Authorization to sell liquor. Any person applying for and 
obtaining a liquor license under the provisions of this ordinance shall 
have the right to engage only in those liquor transactions expressly 
authorized by such license and only at those specific places or areas 
designated in said license.
    04.030--Types of licenses. The Executive Committee shall have the 
authority to issue the following types of liquor licenses within the 
reservation:
    A. Retail on-sale general license: means a license authorizing the 
applicant to sell 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

[[Page 15972]]

the premises or at the location designated in the license.
    C. Retail off-sale general license means a license authorizing the 
applicant to sell alcoholic beverages at retail to be consumed by the 
buyer off of 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 of the premises or at a location other than 
the one designated in the license.
    E. Manufacturer's license means a license authorizing the applicant 
to manufacture alcoholic beverages for the purpose of sale on the 
reservation.

Chapter 05--Application for License

    05.010--Application form and content. An application for a license 
shall be made to the Executive Committee and shall contain the 
following information:
    A. The name, address and phone number of the applicant. In the case 
of a corporation the application form will include the names and 
addresses of all of the principal officers, directors and stockholders 
of the corporation. In the case of a partnership, the application form 
will include the name and address of each partner.
    B. The specific area, location and/on premises for which the 
license is applied for.
    C. The type of liquor transaction applied for (i.e. retail on-sale 
general license, etc.).
    D. Whether the applicant has a state liquor license.
    E. A statement by the applicant to the effect that the applicant 
has not been convicted of a felony and has not violated and will not 
violate or cause or permit to be violated any of the provisions of this 
ordinance or any of the provisions of the California Alcoholic Beverage 
Control Act.
    F. The signature and fingerprint of the applicant. In the case of a 
partnership, the signature and fingerprint of each partner will be 
submitted. In the case of a corporation, the signature and fingerprint 
of each of the officers of the corporation under the seal of the 
corporation will be included.
    G. The application shall be verified under oath, notarized and 
accompanied by the license fee required by this ordinance.
    05.020--Fee accompanying application. The Executive Committee shall 
by resolution establish a fee schedule for the issuance, renewal and 
transfer of the following types of licenses:
    A. Retail on-sale general license;
    B. Retail on-sale beer and wine license;
    C. Retail off-sale general license:
    D. Retail off-sale beer and wine liquor; and
    E. Manufacturer's license.
    05.030--Investigation; denial of application. Upon receipt of an 
application for the issuance, transfer or renewal of' a license and the 
application fee required herein, the Executive Committee shall make a 
thorough investigation to determine whether the applicant and the 
premises for which a license is applied for qualify for a license and 
whether the provisions of this ordinance have been complied with, and 
shall investigate all matters connected therewith which may affect the 
public welfare and morals. The Executive Committee shall deny an 
application for issuance, renewal or transfer of a license if either 
the applicant on the premises for which a license is applied for does 
not qualify for a license under this ordinance or if the applicant has 
misrepresented any facts in the application or given any false 
information to the Executive Committee in order to obtain a license.
    The Executive Committee further may deny any application for 
issuance, renewal or transfer of a license if the Executive Committee 
cannot make the findings required by Section 06.20 of this Ordinance or 
the Executive Committee finds that the issuance of such a license would 
tend to create a law enforcement problem, or if issuance of said 
license would be a detriment to the health, safety and welfare of the 
Tribe or its members.

Chapter 06--Issuance, Renewal and Transfer of Licenses

    06.010--Public hearing. Upon receipt of an application for 
issuance, renewal or transfer of a license, and the payment of all fees 
required under this ordinance, the Secretary of the Executive Committee 
shall set the matter for a public hearing. Notice of the time and place 
of the hearing shall be given to the applicant and the public at least 
ten (10) calendar days before the hearing. Notice shall be given to the 
applicant by prepaid U.S. mail at the address listed in the 
application. Notice shall he given to the public by publication in a 
newspaper of general circulation sold on the Reservation. The notice 
published in the newspaper shall include the name of the applicant and 
the type of license applied for and a general description of the area 
where liquor will be sold. At the hearing, the Executive Committee 
shall hear from any person who wishes to speak for or against the 
application. The Executive Committee shall have the authority to place 
time limits on each speaker and limit or prohibit repetitive testimony.
    06.020--Executive Committee action on application. Within thirty 
(30) days of the conclusion of the public hearing, the Executive 
Committee shall act on the matter. The Executive Committee shall have 
the authority to deny, approve, or approve with conditions the 
application. Before approving the application, the Executive Committee 
shall find: (1) That the site for the proposed premises has adequate 
parking, lighting, security and ingress and egress so as not to 
adversely affect adjoining properties or businesses, and (2) that the 
sale of alcoholic beverages at the proposed premises is consistent with 
the Tribe's Zoning Data. Upon approval of an application, the Executive 
Committee shall issue a license to the applicant in a Form to be 
approved from time to time by the Executive Committee by resolution. 
All businesses shall post their Tribal liquor licenses issued under 
this ordinance in a conspicuous place upon the premises where alcoholic 
beverages are sold, manufactured or offered for sale.
    06.030--Multiple locations. Each license shall be issued to a 
specific person. Separate licenses shall be issued for each of the 
premises of any business establishment having more than one location.
    06.040--Term of license/Temporary licenses. All licenses issued by 
the Executive Committee shall be issued on a calendar year basis and 
shall be renewed annually; provided, however, that the Executive 
Committee may issue special licenses for the sale of alcoholic 
beverages on a temporary basis for premises temporarily occupied by the 
licensee for a picnic, social gathering, or similar occasion at a fee 
to be established by the Executive Committee by resolution.
    06.050--Transfer of licenses. Each license issued or renewed under 
this ordinance is separate and distinct and is transferable from the 
licensee to another person and/or from one premises to another premises 
only with the approval of the Executive Committee. The Executive 
Committee shall have the authority to approve, deny, or approve with 
conditions any application for the transfer of any license. In the case 
of a transfer to a new person, the application for transfer shall 
contain all of the information required of an original applicant under 
Section 05.010 of this ordinance. In the case of a transfer to a new 
location, the application shall contain all exact description of the 
location where the alcoholic beverages are proposed to be sold.

[[Page 15973]]

Chapter 07--Revocation of Licenses

    07.010--Revocation of licenses. The Executive Committee shall 
revoke a license upon any of the following grounds.
    A. The misrepresentation of a material fact by an applicant in 
obtaining a license or a renewal thereof.
    B. The violation of any condition imposed by the Executive 
Committee on the issuance, transfer or renewal of a license.
    C. A plea, verdict, or judgment of guilty, or the plea of nolo 
contendere to any public offense involving moral turpitude under any 
federal or state law prohibiting or regulating the sale, use, 
possession, or giving away of alcoholic beverages or intoxicating 
liquors.
    D. The violation of any tribal ordinance.
    E. The failure to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the licensed premises or any 
immediately adjacent area leased, assigned or rented by the licensee 
within a reasonable time after receipt of a notice to make such 
corrections has been received from the Executive Committee or its 
authorized representative.
    07.020--Accusations. The Executive Committee, on its own motion 
through the adoption of an appropriate resolution meeting the 
requirements of this section, or any person may initiate revocation 
proceedings by filing an accusation with the Secretary of the Executive 
Committee. The accusation shall be in writing and signed by the maker, 
and shall state facts showing that there are specific grounds under 
this ordinance which would authorize the Executive Committee to revoke 
the license or licenses of the licensee against whom the accusation is 
made. Upon receipt of an accusation, the Secretary of the Executive 
Committee shall cause the matter to be set for a hearing before the 
Executive Committee. Thirty (30) days prior to the date set for the 
hearing, the Secretary shall mail a copy of the accusation along with a 
notice of the day and time of the hearing before the Executive 
Committee. The notice shall command the licensee to appear and show 
cause why the licensee's license should not be revoked. The notice 
shall state that the licensee has the right to file a written response 
to the accusation, verified under oath and signed by the licensee ten 
(10) days prior to the hearing date.
    07.030--Hearing. Any hearing held on any accusation shall be held 
before a majority of the Executive Committee under such rules of 
procedure as it may adopt. Both the licensee and the person filing the 
accusation, including the Tribe, shall have the right to present 
witnesses to testify and to present written documents in support of 
their positions to the Executive Committee. The Executive Committee 
shall render its decision within sixty (60) days after the date of the 
hearing. The decision of the Executive Committee shall be final and 
non-appealable.

Chapter 08--Enforcement

    08.010--Right to inspect. Any premises within the area under the 
jurisdiction of this Ordinance on which liquor is sold or distributed 
shall be open for inspection by representatives of the Executive 
Committee at all reasonable times during business hours for the 
purposes of ascertaining whether the rules and regulations of this 
Ordinance are being complied with.
    08.020--General penalties. Any person adjudged to be in violation 
of this ordinance shall be subject to a civil penalty of not more than 
Five Hundred Dollars ($500.00) for each such violation. The Executive 
Committee 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. Such 
schedule may also provide, in the case of repeated violations, for 
imposition of monetary penalties greater than the Five Hundred Dollars 
($500.00) limitation set forth above. The penalties provided for herein 
shall be in addition to any criminal penalties which may hereafter be 
imposed in conformity with federal law by separate Chapter or provision 
of this Ordinance or by a separate ordinance of the Cedarville 
Rancheria Tribal Code.
    08.020--Initiation of action. Any violation of this ordinance shall 
constitute a public nuisance. The Executive Committee may initiate and 
maintain an action in tribal court, or, if the tribal court does not 
have jurisdiction over the action, the United States District Court for 
the Eastern District of California shall have 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 
penalties provided for this ordinance.
    Section 08--Severability. If any part or provision of this 
ordinance or the application thereof to any person or circumstance is 
held invalid, the remainder of the ordinance, including the application 
of such part or provision to other persons or circumstances, shall not 
be affected thereby and shall continue in full force and affect. To 
this end the provisions of this ordinance are severable.

[FR Doc. 2013-05811 Filed 3-12-13; 8:45 am]
BILLING CODE 4310-4J-P