Chicken Ranch Rancheria-Chicken Ranch Liquor Licensing Ordinance, Ordinance No. 12-10-03, 49283-49286 [2013-19562]
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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Notices
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Development to document satisfactory
compliance with statutory, regulatory,
and other requirements of the various
integrated programs. Public Law 102–
477 authorized tribal governments to
integrate federally funded employment,
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Funding agencies include the
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III. Data
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Title: Reporting System for Public
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Brief Description of Collection: Public
Law 102–477 authorized tribal
governments to integrate federallyfunded employment, training and
related services programs into a single,
coordinated, comprehensive delivery
plan. Interior has made available a
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Respondents: Indian tribes
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Estimated Time per Response: Ranges
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Estimated Total Annual Hour Burden:
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Dated: August 7, 2013.
John Ashley,
Acting Assistant Director for Information
Resources.
[FR Doc. 2013–19580 Filed 8–12–13; 8:45 am]
BILLING CODE 4310–G1–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[134A2100DD/AAK300000/
a0t500000.000000]
Chicken Ranch Rancheria—Chicken
Ranch Liquor Licensing Ordinance,
Ordinance No. 12–10–03
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Chicken Ranch Liquor Licensing
Ordinance, Ordinance No. 12–10–03.
The Ordinance regulates and controls
the possession, sale and consumption of
liquor within the Indian Country of the
Chicken Ranch Rancheria. The land is
trust land and this Ordinance allows for
the possession and sale of alcoholic
beverages within the jurisdiction of the
Chicken Ranch Rancheria. This
Ordinance will increase the ability of
the tribal government to control the
distribution and possession of liquor
SUMMARY:
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within their jurisdiction, and at the
same time will provide an important
source of revenue, which will
strengthen the tribal government and
improve the delivery of tribal services.
DATES: Effective Date: This Ordinance is
effective August 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 Chicken Ranch Tribal Council
adopted this Ordinance by Resolution
12–10–03–03 on October 3, 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 Chicken Ranch Tribal
Council duly adopted the Chicken
Ranch Liquor Licensing Ordinance,
Ordinance No. 12–10–03 by Chicken
Ranch Tribal Council Resolution 12–10–
03–03 on October 3, 2012.
Dated: August 6, 2013.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
The Chicken Ranch Liquor Licensing
Ordinance, Ordinance No. 12–10–03,
shall read as follows:
The Tribal Council (‘‘Council’’) for the
Chicken Ranch Rancheria of Me-wuk
Indians of California Tuolumne County
California (‘‘Tribe’’) does hereby ordain
as follows:
Section 1. Declaration of Findings.
The Council hereby finds as follows:
1. Section 6(i) of the Constitution of
the Tribe grants to the Tribal Council
the power ‘‘to license and regulate the
conduct of all business activities within
the Tribal jurisdiction.’’
2. The introduction, possession and
sale of alcoholic beverages on the
Chicken Ranch Rancheria is a matter of
special concern to the Tribe.
3. Federal law, as codified in 18
U.S.C. 1161, leaves to tribes the decision
regarding when and to what extent
alcoholic beverage transactions shall be
permitted on Indian reservations.
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4. Present day circumstances make a
complete ban on alcoholic beverages
within the Chicken Ranch Rancheria
ineffective and unrealistic. At the same
time, a need still exists for strict tribal
regulation and control over alcoholic
beverage distribution.
5. The enactment of a tribal ordinance
governing alcoholic beverage sales on
the Chicken Ranch Rancheria and
providing for the purchase and sale of
alcoholic beverages through tribally
licensed outlets will increase the ability
of the tribal government to control the
distribution, sale and possession of
liquor on the Chicken Ranch Rancheria,
and at the same time will provide an
important and urgently needed source
of revenue for the continued operation
of the tribal government and delivery of
tribal governmental services.
Section 2. Declaration of Policy. The
Council hereby declares that the policy
of the Tribe is to eliminate the evils of
unlicensed and unlawful manufacture,
distribution, and sale of alcoholic
beverages on the Chicken Ranch
Rancheria and to promote temperance
in the use and consumption of alcoholic
beverages by increasing tribal control
over the possession and distribution of
alcoholic beverages on the Reservation
in accordance with 18 U.S.C. 1161.
Section 3. Adoption of Liquor
Licensing Ordinance. Seven (7) new
Chapters shall be added to Title 4 of the
Chicken Ranch Tribal Code entitled
‘‘Liquor Licensing Ordinance’’ and shall
provide as follows:
Liquor Licensing Ordinance
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Chapters:
02 General Provisions
04 Definitions
06 Prohibition of the Unlicensed Sale of
Liquor on the Reservation
08 Application for License
10 Issuance, Renewal, and Transfer of
Licenses
12 Revocation of Licenses
14 Enforcement
Chapter 02—General Provisions
02.010 Short title. This ordinance
shall be known and cited as the
‘‘Chicken Ranch 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 Chicken
Ranch Rancheria except pursuant to a
license issued by the Chicken Ranch
Tribal Council under the provisions of
this ordinance.
02.030 Sovereign immunity
preserved. Nothing in this ordinance is
intended or shall be construed as a
waiver of the sovereign immunity of the
Chicken Ranch Rancheria. No officer or
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employee of the Chicken Ranch
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 expressed and explicit
written authorization from the Chicken
Ranch Rancheria Tribal Council.
02.040 Applicability within the
reservation. This ordinance shall apply
to all persons within the jurisdiction of
the Chicken Ranch Rancheria consistent
with the applicable federal Indian liquor
laws.
02.050 Interpretation and findings.
The Chicken Ranch Tribal Council in
the first instance may interpret any
ambiguities contained in this ordinance.
02.060 Conflicting provisions.
Whenever any conflict occurs between
the provisions of this ordinance, the
provisions of any other ordinance of the
Tribe, the stricter of such provisions
shall apply.
Chapter 04—Definitions
04.010 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.
04.020 Alcohol. ‘‘Alcohol’’ means
ethyl alcohol, hydrated oxide of ethyl,
or spirits of wine, from whatever source
or by whatever process produced.
04.030 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’’.
04.040 Beer. ‘‘Beer’’ means any
alcoholic beverage obtained by the
fermentation of any infusion of
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.
04.050 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.
04.060 Importer. ‘‘Importer’’ means
any person who introduces alcohol or
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alcoholic beverages into the Chicken
Ranch Rancheria from outside lands
that are outside the jurisdiction of the
Rancheria for the purpose of sale or
distribution within Rancheria lands,
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.
04.070 Liquor License. ‘‘Liquor
license’’ means a license issued by the
Chicken Ranch Tribal Council under the
provisions of this ordinance authorizing
the sale, manufacture, or importation of
alcoholic beverages on or within lands
of the Chicken Ranch Rancheria
consistent with federal law.
04.080 Manufacturer.
‘‘Manufacturer’’ means any person
engaged in the manufacture of alcohol
or alcoholic beverages.
04.090 Person. ‘‘Person’’ means any
individual, whether Indian or nonIndian, 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, nonprofit 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’’.
04.100 Lands within the jurisdiction
of the Tribe. ‘‘Lands within the
jurisdiction of the Tribe’’ means all
lands within the exterior boundaries of
the Chicken Ranch Rancheria and all
lands held in trust by the United States
for the benefit of the Tribe, and such
lands as may be acquired in the future
by the Tribe, under any grant, transfer,
purchase, gift, adjudication, executive
order, Act of Congress, or other means
of acquisition.
04.110 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,
manufacturer, 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
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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.
04.120 Seller. ‘‘Seller’’ means any
person who, while within the
jurisdiction of the Tribe, sells, solicits or
receives an order for any alcohol,
alcoholic beverages, distilled spirits,
beer, or wine.
04.130 Tribal Council. ‘‘Tribal
Council’’ or ‘‘Council’’ means the
Chicken Ranch Tribal Council.
04.140 Tribe. ‘‘Tribe’’ means the
Chicken Ranch Rancheria, a federally
recognized Indian Tribe.
04.150 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 06—Prohibition of the
Unlicensed Sale of Liquor
06.010 Prohibition of the unlicensed
sale of liquor. No person shall import
for sale, manufacture, distribute or sell
any alcoholic beverages within lands
under the jurisdiction of the Tribe
without first applying for and obtaining
a written license from the Tribal
Council issued in accordance with the
provisions of this ordinance.
06.020 Authorization to sell liquor.
Any person applying for and obtaining
a liquor license under the provision 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.
06.030 Types of licenses. The
Council shall have the authority to issue
the following types of liquor licenses for
the sale of alcoholic beverages on lands
within the jurisdiction of the Tribe:
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
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
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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. ‘‘Manufacturers license’’ means a
license authorizing the applicant to
manufacture alcoholic beverages for the
purpose of sale on the lands within the
jurisdiction of the Tribe.
Chapter 08—Applications for Licenses
08.010 Application form and
content. An application for a license
shall be made to the Council and shall
contain the following information:
A. The name and address of the
applicant. In the case of a corporation,
the names and addresses of all of the
principal officers, directors and
stockholders of the corporation. In the
case of a partnership the name and
address of each partner.
B. The specific area, location and/or
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. In the case of a corporation or
Indian Tribe, including the Tribe, the
signature and fingerprint of each of the
officers of the corporation or Tribe
under the seal of the corporation or
attestation of the Tribal Secretary.
G. The application shall be verified
under oath, notarized and accompanied
by the licensed fee required by this
ordinance.
08.020 Fee accompanying
application. The Council 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. Manufacturers license.
08.030 Investigation; denial of
application. Upon receipt of an
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application for the issuance, transfer or
renewal of a license and the application
fee required herein, the Council 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 Council shall
deny an application for issuance,
renewal or transfer of a license if either
the applicant or the premises for which
a license is applied for do 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 Council in order to
obtain a license.
The Council further may deny any
application for issuance, renewal or
transfer of a license if the Council finds
that the issuance of such a license
would tend to create a law enforcement
problem, or if issuance of said license
would not be in the best interests of the
Tribe.
Chapter 10—Issuance, Renewal and
Transfer of Licenses
10.010 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 Council
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 be given to the
public by publication in a newspaper of
general circulation sold on any lands
subject to the jurisdiction of the Tribe.
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
Council shall hear from any person who
wishes to speak for or against the
application. The Council shall have the
authority to place time limits on each
speaker and limit or prohibit repetitive
testimony. Notwithstanding any other
provision of this Ordinance to the
contrary, nothing in this Ordinance
shall require the Secretary to publish
notice of any hearing held under this
Section 10.010, if the hearing is for a
temporary event and notice is posted at
the Tribal Administrative Offices and
Casino at a location visible to the
public.
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10.020 Council action on the
application. Within thirty (30) days of
the conclusion of the public hearing, the
Council shall act on the matter. The
Council shall have the authority to
deny, approve, or approve with
conditions, the application. Before
approving the application, the Council
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 Ordinance.
Upon approval of an application, the
Council shall issue a license to the
applicant in a form to be approved from
time to time by the Council 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.
10.030 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.
10.040 Term of license. Temporary
licenses. All licenses issued by the
Council shall be issued on a calendar
year basis and shall be renewed
annually; provided, however, that the
Council 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, special
events, or similar occasion at a fee to be
established by the Council by
resolution.
10.050 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 Council. The Council 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
08.010 of this ordinance. In the case of
a transfer to a new location, the
application shall contain an exact
description of the location where the
alcoholic beverages are proposed to be
sold.
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Chapter 12—Revocation of Licenses
12.010 Revocation of license. The
Council 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 or transfer thereof.
B. The violation of any condition
imposed by the Council 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, tribal, 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 of the Tribe.
E. The failure to take reasonable steps
to correct objectionable conditions on
the licensed premises or any immediate
adjacent area leased, assigned or rented
by the licensee constituting a nuisance
within a reasonable time after receipt of
a notice to make such corrections has
been received from the Council or its
authorized representative.
12.020 Accusations. The Council, 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 Council. 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 Council to revoke
the license or licenses of the licensee
against whom the accusation is made.
Upon receipt of an accusation, the
Secretary of the Council shall cause the
matter to be set for a hearing before the
Council. 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 Council. 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.
12.030 Hearing. Any hearing held
on any accusation shall be held before
a majority of the Council 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
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Council. The Council shall render its
decision within sixty (60) days after the
date of the hearing. The decision of the
Council shall be final and nonappealable.
Chapter 14—Enforcement
14.010 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 Council 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 under a separate ordinance
adopted by the Council.
14.020 Initiation of action. Any
violation of this ordinance shall
constitute a public nuisance. The
Council may initiate and maintain an
action in any court of competent
jurisdiction to abate and permanently
enjoin any nuisance declared under this
ordinance. Any action taken under this
section shall be in addition to any other
penalties provided for in this ordinance.
Section 4. 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.
Section 5. 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.
[FR Doc. 2013–19562 Filed 8–12–13; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWY–957400–13–L16100000–BJ0000]
Filing of Plats of Survey, Wyoming
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
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]]>Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Notices]
[Pages 49283-49286]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19562]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[134A2100DD/AAK300000/a0t500000.000000]
Chicken Ranch Rancheria--Chicken Ranch Liquor Licensing
Ordinance, Ordinance No. 12-10-03
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Chicken Ranch Liquor Licensing
Ordinance, Ordinance No. 12-10-03. The Ordinance regulates and controls
the possession, sale and consumption of liquor within the Indian
Country of the Chicken Ranch Rancheria. The land is trust land and this
Ordinance allows for the possession and sale of alcoholic beverages
within the jurisdiction of the Chicken Ranch 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, which will
strengthen the tribal government and improve the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective August 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 Chicken Ranch Tribal Council
adopted this Ordinance by Resolution 12-10-03-03 on October 3, 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 Chicken Ranch Tribal Council duly adopted
the Chicken Ranch Liquor Licensing Ordinance, Ordinance No. 12-10-03 by
Chicken Ranch Tribal Council Resolution 12-10-03-03 on October 3, 2012.
Dated: August 6, 2013.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Chicken Ranch Liquor Licensing Ordinance, Ordinance No. 12-10-
03, shall read as follows:
The Tribal Council (``Council'') for the Chicken Ranch Rancheria of
Me-wuk Indians of California Tuolumne County California (``Tribe'')
does hereby ordain as follows:
Section 1. Declaration of Findings. The Council hereby finds as
follows:
1. Section 6(i) of the Constitution of the Tribe grants to the
Tribal Council the power ``to license and regulate the conduct of all
business activities within the Tribal jurisdiction.''
2. The introduction, possession and sale of alcoholic beverages on
the Chicken Ranch Rancheria is a matter of special concern to the
Tribe.
3. Federal law, as codified in 18 U.S.C. 1161, leaves to tribes the
decision regarding when and to what extent alcoholic beverage
transactions shall be permitted on Indian reservations.
[[Page 49284]]
4. Present day circumstances make a complete ban on alcoholic
beverages within the Chicken Ranch Rancheria ineffective and
unrealistic. At the same time, a need still exists for strict tribal
regulation and control over alcoholic beverage distribution.
5. The enactment of a tribal ordinance governing alcoholic beverage
sales on the Chicken Ranch Rancheria and providing for the purchase and
sale of alcoholic beverages through tribally licensed outlets will
increase the ability of the tribal government to control the
distribution, sale and possession of liquor on the Chicken Ranch
Rancheria, and at the same time will provide an important and urgently
needed source of revenue for the continued operation of the tribal
government and delivery of tribal governmental services.
Section 2. Declaration of Policy. The Council hereby declares that
the policy of the Tribe is to eliminate the evils of unlicensed and
unlawful manufacture, distribution, and sale of alcoholic beverages on
the Chicken Ranch Rancheria and to promote temperance in the use and
consumption of alcoholic beverages by increasing tribal control over
the possession and distribution of alcoholic beverages on the
Reservation in accordance with 18 U.S.C. 1161.
Section 3. Adoption of Liquor Licensing Ordinance. Seven (7) new
Chapters shall be added to Title 4 of the Chicken Ranch Tribal Code
entitled ``Liquor Licensing Ordinance'' and shall provide as follows:
Liquor Licensing Ordinance
Chapters:
02 General Provisions
04 Definitions
06 Prohibition of the Unlicensed Sale of Liquor on the Reservation
08 Application for License
10 Issuance, Renewal, and Transfer of Licenses
12 Revocation of Licenses
14 Enforcement
Chapter 02--General Provisions
02.010 Short title. This ordinance shall be known and cited as the
``Chicken Ranch 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 Chicken Ranch Rancheria except pursuant to a license issued by
the Chicken Ranch Tribal Council under the provisions of this
ordinance.
02.030 Sovereign immunity preserved. Nothing in this ordinance is
intended or shall be construed as a waiver of the sovereign immunity of
the Chicken Ranch Rancheria. No officer or employee of the Chicken
Ranch 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 expressed and explicit written
authorization from the Chicken Ranch Rancheria Tribal Council.
02.040 Applicability within the reservation. This ordinance shall
apply to all persons within the jurisdiction of the Chicken Ranch
Rancheria consistent with the applicable federal Indian liquor laws.
02.050 Interpretation and findings. The Chicken Ranch Tribal
Council in the first instance may interpret any ambiguities contained
in this ordinance.
02.060 Conflicting provisions. Whenever any conflict occurs between
the provisions of this ordinance, the provisions of any other ordinance
of the Tribe, the stricter of such provisions shall apply.
Chapter 04--Definitions
04.010 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.
04.020 Alcohol. ``Alcohol'' means ethyl alcohol, hydrated oxide of
ethyl, or spirits of wine, from whatever source or by whatever process
produced.
04.030 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''.
04.040 Beer. ``Beer'' means any alcoholic beverage obtained by the
fermentation of any infusion of 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.
04.050 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.
04.060 Importer. ``Importer'' means any person who introduces
alcohol or alcoholic beverages into the Chicken Ranch Rancheria from
outside lands that are outside the jurisdiction of the Rancheria for
the purpose of sale or distribution within Rancheria lands, 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.
04.070 Liquor License. ``Liquor license'' means a license issued by
the Chicken Ranch Tribal Council under the provisions of this ordinance
authorizing the sale, manufacture, or importation of alcoholic
beverages on or within lands of the Chicken Ranch Rancheria consistent
with federal law.
04.080 Manufacturer. ``Manufacturer'' means any person engaged in
the manufacture of alcohol or alcoholic beverages.
04.090 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''.
04.100 Lands within the jurisdiction of the Tribe. ``Lands within
the jurisdiction of the Tribe'' means all lands within the exterior
boundaries of the Chicken Ranch Rancheria and all lands held in trust
by the United States for the benefit of the Tribe, and such lands as
may be acquired in the future by the Tribe, under any grant, transfer,
purchase, gift, adjudication, executive order, Act of Congress, or
other means of acquisition.
04.110 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, manufacturer, 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
[[Page 49285]]
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.
04.120 Seller. ``Seller'' means any person who, while within the
jurisdiction of the Tribe, sells, solicits or receives an order for any
alcohol, alcoholic beverages, distilled spirits, beer, or wine.
04.130 Tribal Council. ``Tribal Council'' or ``Council'' means the
Chicken Ranch Tribal Council.
04.140 Tribe. ``Tribe'' means the Chicken Ranch Rancheria, a
federally recognized Indian Tribe.
04.150 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 06--Prohibition of the Unlicensed Sale of Liquor
06.010 Prohibition of the unlicensed sale of liquor. No person
shall import for sale, manufacture, distribute or sell any alcoholic
beverages within lands under the jurisdiction of the Tribe without
first applying for and obtaining a written license from the Tribal
Council issued in accordance with the provisions of this ordinance.
06.020 Authorization to sell liquor. Any person applying for and
obtaining a liquor license under the provision 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.
06.030 Types of licenses. The Council shall have the authority to
issue the following types of liquor licenses for the sale of alcoholic
beverages on lands within the jurisdiction of the Tribe:
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 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. ``Manufacturers license'' means a license authorizing the
applicant to manufacture alcoholic beverages for the purpose of sale on
the lands within the jurisdiction of the Tribe.
Chapter 08--Applications for Licenses
08.010 Application form and content. An application for a license
shall be made to the Council and shall contain the following
information:
A. The name and address of the applicant. In the case of a
corporation, the names and addresses of all of the principal officers,
directors and stockholders of the corporation. In the case of a
partnership the name and address of each partner.
B. The specific area, location and/or 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. In the case
of a corporation or Indian Tribe, including the Tribe, the signature
and fingerprint of each of the officers of the corporation or Tribe
under the seal of the corporation or attestation of the Tribal
Secretary.
G. The application shall be verified under oath, notarized and
accompanied by the licensed fee required by this ordinance.
08.020 Fee accompanying application. The Council 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. Manufacturers license.
08.030 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 Council 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 Council shall deny an application for issuance,
renewal or transfer of a license if either the applicant or the
premises for which a license is applied for do 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 Council
in order to obtain a license.
The Council further may deny any application for issuance, renewal
or transfer of a license if the Council finds that the issuance of such
a license would tend to create a law enforcement problem, or if
issuance of said license would not be in the best interests of the
Tribe.
Chapter 10--Issuance, Renewal and Transfer of Licenses
10.010 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 Council 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 be given to the public by publication in a newspaper of general
circulation sold on any lands subject to the jurisdiction of the Tribe.
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 Council
shall hear from any person who wishes to speak for or against the
application. The Council shall have the authority to place time limits
on each speaker and limit or prohibit repetitive testimony.
Notwithstanding any other provision of this Ordinance to the contrary,
nothing in this Ordinance shall require the Secretary to publish notice
of any hearing held under this Section 10.010, if the hearing is for a
temporary event and notice is posted at the Tribal Administrative
Offices and Casino at a location visible to the public.
[[Page 49286]]
10.020 Council action on the application. Within thirty (30) days
of the conclusion of the public hearing, the Council shall act on the
matter. The Council shall have the authority to deny, approve, or
approve with conditions, the application. Before approving the
application, the Council 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 Ordinance.
Upon approval of an application, the Council shall issue a license
to the applicant in a form to be approved from time to time by the
Council 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.
10.030 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.
10.040 Term of license. Temporary licenses. All licenses issued by
the Council shall be issued on a calendar year basis and shall be
renewed annually; provided, however, that the Council 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, special events, or similar occasion at a fee to be
established by the Council by resolution.
10.050 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 Council. The Council 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 08.010 of
this ordinance. In the case of a transfer to a new location, the
application shall contain an exact description of the location where
the alcoholic beverages are proposed to be sold.
Chapter 12--Revocation of Licenses
12.010 Revocation of license. The Council 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 or transfer thereof.
B. The violation of any condition imposed by the Council 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, tribal, 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 of the Tribe.
E. The failure to take reasonable steps to correct objectionable
conditions on the licensed premises or any immediate adjacent area
leased, assigned or rented by the licensee constituting a nuisance
within a reasonable time after receipt of a notice to make such
corrections has been received from the Council or its authorized
representative.
12.020 Accusations. The Council, 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 Council. 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 Council to revoke the license or licenses of the licensee against
whom the accusation is made. Upon receipt of an accusation, the
Secretary of the Council shall cause the matter to be set for a hearing
before the Council. 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 Council. 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.
12.030 Hearing. Any hearing held on any accusation shall be held
before a majority of the Council 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 Council. The Council shall render its decision within sixty (60)
days after the date of the hearing. The decision of the Council shall
be final and non-appealable.
Chapter 14--Enforcement
14.010 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 Council 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
under a separate ordinance adopted by the Council.
14.020 Initiation of action. Any violation of this ordinance shall
constitute a public nuisance. The Council may initiate and maintain an
action in any court of competent jurisdiction to abate and permanently
enjoin any nuisance declared under this ordinance. Any action taken
under this section shall be in addition to any other penalties provided
for in this ordinance.
Section 4. 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.
Section 5. 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.
[FR Doc. 2013-19562 Filed 8-12-13; 8:45 am]
BILLING CODE 4310-4J-P
