Snoqualmie Indian Tribe-Liquor Control Ordinance, 5451-5455 [2014-02097]
Download as PDF
<![CDATA[
tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
465 as implemented in 25 CFR part 151)
and the Indian Gaming Reorganization
Act (25 U.S.C. 2719 as implemented in
25 CFR part 292). The proposed project
is located in the Town of Thompson,
New York, just off State Route 17 (future
I–86).
The proposed project includes the
development of a 350,000 sf gaming
facility and a 750-room hotel. The
gaming facility would include a casino
floor, food and beverage areas
(consisting of a buffet, specialty
restaurant, bar and coffee bar type
facilities), meeting space, guest support
services, offices and security area. A
multipurpose/event center would cater
to 2,700 visitors. Access to the casino
would be provided from State Route 17
to County Highway 161. The FEIS
considers a range of project alternatives,
including: (1) Preferred casino-hotel
complex; (2) reduced casino size; (3)
alternative financial ventures; (4)
different site locations; (5) different site
plans and (5) no action.
The preferred casino-hotel complex
alternative has been selected as the
Tribe’s Preferred Alternative as
discussed in the FEIS. The information
and analysis contained in the FEIS, as
well as its evaluation and assessment of
the Tribe’s Preferred Alternative, are
intended to assist the Department of the
Interior (Department) in its review of the
issues presented in the Tribe’s
application. The Preferred Alternative
does not necessarily reflect the
Department’s final decision because the
Department must further evaluate all of
the criteria listed in 25 CFR part 151
and 25 CFR part 292. The Department’s
consideration and analysis of the
applicable regulations may lead to a
final decision that selects an alternative
other than the Preferred Alternative,
including no action, or a variant of the
Preferred Alternative or another one of
the alternatives analyzed in the FEIS.
Environmental issues addressed in
the FEIS include land and water
resources, air quality, biological
resources, cultural and paleontological
resources, socioeconomic conditions,
transportation and circulation, land use,
public services, noise, hazardous
materials, visual resources,
environmental justice, cumulative
effects, indirect effects and mitigation.
The BIA has afforded other
government agencies and the public
extensive opportunity to participate in
the preparation of this EIS. The BIA
published a Notice of Intent (NOI) to
prepare the EIS for the proposed action
in the Federal Register on November 20,
2003 (68 FR 65467). The BIA held a
public scoping meeting on December 4,
2003. A Notice of Availability for the
VerDate Mar<15>2010
22:25 Jan 30, 2014
Jkt 232001
Draft EIS (DEIS) was published in the
Federal Register on February 11, 2005
(70 FR 7257). The DEIS was available
for public comment until March 28,
2005. The BIA held a public hearing on
the DEIS on March 10, 2005. An FEIS,
which contained updated analyses in
response to public comment, was
prepared and submitted to the BIA in
November 2006. That FEIS was not
released because the underlying land-totrust application was denied in January
2008. Despite a Notice of Cancellation
on March 6, 2008 (73 FR 12204), the
environmental review process remained
open and was reactivated when the
land-into-trust application was
reinstated by the BIA in August 2011.
That 2006 FEIS was updated based on
the passage of time, and the updated
FEIS document is now being released
for circulation to the public.
Directions for Submitting Comments:
Please include your name, return
address and the caption, ‘‘FEIS
Comments, Stockbridge-Munsee
Community, Wisconsin, Trust
Acquisition and Casino Project’’ on the
first page of your written comments.
Public Availability of the FEIS: Copies
of the FEIS will be available for viewing
at the following locations during normal
business hours:
• E.B. Crawford Public Library, 393
Broadway, Monticello, New York.
• Town Supervisor, Town of
Thompson Town Hall, 4052 State Route
42, Monticello, New York.
• County Chairman, Sullivan County
Government Center, 100 North Street,
Monticello, New York.
Public Comment Availability:
Comments, including names and
addresses of respondents, will be
available for public review at the
mailing address for the BIA Eastern
Regional Office shown in the ADDRESSES
section during regular business hours,
8:00 a.m. to 4:30 p.m. (unless otherwise
shown), Monday through Friday, except
holidays. Before including your address,
phone number, email address, or other
personal identifying 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 may request us in your
comment to withhold your personal
identifying information from public
review, we cannot guarantee that we
will be able to do so.
Authority: This notice is published in
accordance with section 1503.1 of the
Council on Environmental Quality
regulations (40 CFR Parts 1500 through
1508) implementing the procedural
requirements of the National
Environmental Policy Act of 1969, as
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
5451
amended (42 U.S.C. 4321 et seq.), and
the Department of Interior Manual (516
DM 1–6), and is in the exercise of
authority delegated to the Assistant
Secretary—Indian Affairs by 209 DM
8.1.
Dated: January 17, 2014.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[FR Doc. 2014–01682 Filed 1–30–14; 8:45 am]
BILLING CODE 4310–W7–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[145A2100DD/AAK3000000/
A0T500000.000000]
Snoqualmie Indian Tribe—Liquor
Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Snoqualmie Indian Tribe’s Liquor
Control Ordinance. The ordinance
regulates and controls the possession,
sale, and consumption of liquor within
the Snoqualmie Indian Tribe’s Indian
country. This ordinance allows for the
possession and sale of alcoholic
beverages within the jurisdiction of the
Snoqualmie Indian Tribe, 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 January 31, 2014.
FOR FURTHER INFORMATION CONTACT:
Betty Scissons, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 NE 11th
Avenue, Portland, OR 97232, Phone:
(503) 231–6723; Fax: (503) 231–6731: or
Dee 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 Snoqualmie Indian Tribe’s Tribal
Council adopted Resolution #02–2014
to enact the Alcoholic Beverage Control
SUMMARY:
E:\FR\FM\31JAN1.SGM
31JAN1
5452
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
Act authorizing the certification and
publication of the Snoqualmie Liquor
Control Ordinance on January 9, 2014.
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 Snoqualmie Indian
Tribes’ Tribal Council adopted
Resolution #02–2014 to enact the
Alcoholic Beverage Control Act
authorizing the certification and
publication of the Snoqualmie Liquor
Control Ordinance on January 9, 2014.
Dated: January 28, 2014.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
The Snoqualmie Indian Tribe’s Liquor
Control Ordinance shall read as follows:
SECTION 1.0—INTRODUCTION
1.1 Title
This Chapter shall be known as the
‘‘Snoqualmie Tribal Liquor Control
Ordinance’’ and shall be codified as
Title 8, Chapter 3 of the Snoqualmie
Tribal Code.
1.2 Authority
This Ordinance is enacted pursuant to
the Act of August 15, 1953, 67 Stat. 586,
codified at 18 U.S.C. 1161, by the
authority of the Snoqualmie Tribal
Council enumerated in Article VIII of
the Constitution of the Snoqualmie
Tribe of Indians, and in conformity with
applicable Washington State laws and
all attendant agreements with the State
of Washington.
tkelley on DSK3SPTVN1PROD with NOTICES
1.3 Purpose
The purpose of this Ordinance is to
regulate and control the possession and
sale of liquor on the Snoqualmie Tribe’s
trust land. The enactment of this
Ordinance governing liquor possession
and sale on the Snoqualmie Tribe’s trust
land will increase the ability of the
Snoqualmie Tribal Council to control
the sale, distribution and possession of
liquor on the Snoqualmie Tribe’s trust
land and will provide an important
source of revenue for the continued
operation and strengthening of the
Snoqualmie tribal government and the
delivery of tribal government services.
1.4 Effective Date
This Ordinance shalt be effective
upon certification by the Secretary of
the Interior and its publication in the
Federal Register.
SECTION 2.0—DECLARATION OF
PUBLIC POLICY AND PURPOSE
(a) The introduction possession and
sale of liquor on the trust land is a
matter of special concern to the Tribe.
VerDate Mar<15>2010
23:04 Jan 30, 2014
Jkt 232001
(b) Federal law currently prohibits the
introduction of liquor into Indian
Country (18 U.S.C. 1154), except as
provided therein and expressly
delegates to tribes the decision
regarding when and to what extent
liquor transactions shall be permitted
(18 U.S.C. 1161).
(c) The Tribal Council recognizes that
a need still exists for strict tribal
regulation and control over liquor
transactions within trust land because of
the many potential problems associated
with the unregulated or inadequately
regulated sale, possession, distribution,
and consumption of liquor. The Tribal
Council finds that tribal control and
regulation of liquor is necessary to
achieve maximum economic benefit to
the Tribe, to protect the health and
welfare of tribal members, and to
address specific concerns relating to
alcohol use on the trust land.
(d) It is in the best interests of the
Tribe to enact an ordinance governing
liquor sales on trust land. Further, the
Tribe has determined that the purchase,
distribution and sale of liquor shall take
place only at tribally-owned enterprises
and/or tribally licensed establishments
operating on trust land.
2.2 Definitions
As used in this title, the following
words shall have the following
meanings unless the context clearly
requires otherwise:
(a) ‘‘Alcohol’’ means that substance
known as ethyl alcohol, hydrated oxide
of ethyl, ethanol, or spirits of wine,
which is commonly produced by the
fermentation or distillation of grain,
starch, molasses, or sugar, or other
substances including all dilutions and
mixtures of this substance from
whatever source or by whatever process
produced.
(b) ‘‘Alcoholic Beverage’’ is
synonymous with the term ‘‘liquor’’ as
defined in Section 2.2(d) of this
Chapter.
(c) ‘‘Beer’’ means any beverage such
as beer, ale, lager beer, stout, and porter
obtained by the alcoholic fermentation
of an infusion or decoction of pure
hops, or pure extract of hops and pure
barley malt or other wholesome grain or
cereal in pure water and containing not
more than eight percent of alcohol by
weight, and not less than one-half of one
percent of alcohol by volume. For the
purposes of this title, any such beverage
containing more than eight percent of
alcohol by weight shall be referred to as
‘‘strong beer.’’
(d) ‘‘Liquor’’ includes the four
varieties of liquor herein defined
(alcohol, spirits, wine, and beer),
includes all fermented, spirituous,
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
vinous, or malt liquor or combinations
thereof, and mixed liquor, a part of
which is fermented, spirituous, vinous
or malt liquor, or otherwise intoxicating;
and every liquid or solid or semisolid or
other substance, patented or not
containing alcohol, spirits, wine, or
beer, and all drinks or drinkable liquids
and all preparations or mixtures capable
of human consumption, and any liquid,
semisolid, solid, or other substance,
which contains more than one percent
of alcohol by weight shall be
conclusively deemed to be intoxicating.
Liquor does not include confections or
food products that contain one percent
or less of alcohol by weight. ‘‘Malt
Liquor’’ means beer, strong beer, ale,
stout and porter.
(e) ‘‘Package’’ means any container or
receptacle used for holding liquor.
(f) ‘‘Public Place’’ includes state or
county or tribal or federal highways or
roads; buildings and grounds used for
school purposes: public dance halls and
grounds adjacent thereto; soft drink
establishments, public buildings, public
meeting halls, lobbies, halls and dining
rooms of hotels, restaurants, theaters,
gaming facilities, entertainment centers,
stores, garages, and filling stations
which are open to and/or are generally
used by the public and to which the
public is permitted to have unrestricted
access; public conveyances of all kinds
and character; and all other places of
like or similar nature to which the
general public has unrestricted right of
access, and which are generally used by
the public. For the purpose of this
Ordinance, ‘‘Public Place’’ shall also
include any establishment other than a
single family home which is designed
for or may be used by more than just the
owner of the establishment.
(g) ‘‘Sale’’ and ‘‘Sell’’ includes
exchange, barter and traffic; and also
includes the selling or supplying or
distributing by any means whatsoever of
liquor, or of any liquid known or
described as beer or by any name
whatsoever commonly used to describe
malt or brewed liquor or of wine by any
person to any person.
(h) ‘‘Spirits’’ means any beverage,
which contains alcohol obtained by
distillation, including wines exceeding
twenty-four percent of alcohol by
weight.
(i) ‘‘Wine’’ means any alcoholic
beverage obtained by fermentation of
fruits, (grapes, berries, apples, et cetera)
or other agricultural product containing
sugar, to which any saccharine
substances may have been added before,
during or after fermentation, and
containing not more than twenty-four
percent of alcohol by volume, including
sweet wines fortified with wine spirits,
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
such as port, sherry, muscatel, and
angelica, not exceeding twenty-four
percent of alcohol by volume and not
less than one-half of one percent of
alcohol by volume. For purposes of this
Chapter, any beverage containing no
more than fourteen percent of alcohol
by volume when bottled or packaged by
the manufacturer shall be referred to as
‘‘table wine,’’ and any beverage
containing alcohol in an amount more
than fourteen percent by volume when
bottled or packaged by the manufacturer
shall be referred to as ‘‘fortified wine.’’
However, ‘‘fortified wine’’ shall not
include: (i) Wines that are both sealed
or capped by cork closure and aged two
years or more; and (ii) wines that
contain more than fourteen percent
alcohol by volume solely as a result of
the natural fermentation process and
that have not been produced with the
addition of wine spirits, brandy, or
alcohol.
(j) ‘‘General Council’’ means the
General Council of the Snoqualmie
Indian Tribe, which is composed of the
voting membership of the Tribe.
(k) ‘‘Tribal Council’’ means the
Snoqualmie Tribal Council, which is the
governing body of the Tribe.
(l) ‘‘Alcohol Beverage Control Office’’
means the Tribal department which may
be established by the Tribal Council for
purposes carrying out the provisions of
this Ordinance.
(m) ‘‘Trust Land’’ means those lands
which are held in trust by the United
States for the Tribe and not for any
individual Indian.
(n) ‘‘Tribe’’ means the Snoqualmie
Indian Tribe, a federally recognized
sovereign Indian tribe.
2.3
tkelley on DSK3SPTVN1PROD with NOTICES
2.3.1
Powers of Enforcement
The Tribal Council
In furtherance of this ordinance, the
Tribal Council shall have the following
powers and duties:
(a) To publish and enforce rules and
regulations adopted by the Tribal
Council governing the sale,
manufacture, distribution, and
possession of alcoholic beverages on the
trust land;
(b) To employ managers, accountants,
security personnel, inspectors and such
other persons as shall be reasonably
necessary to allow the Tribal Council to
perform its functions, all of whom shall
be tribal employees;
(c) To authorize the Alcohol Beverage
Control Office to issue licenses
permitting the sale or manufacture or
distribution of liquor on the trust land
and to revoke such licenses as provided
herein;
VerDate Mar<15>2010
17:23 Jan 30, 2014
Jkt 232001
(d) To hold hearings on violations of
this ordinance or for the issuance or
revocation of licenses hereunder;
(e) To bring suit in the appropriate
court to enforce this ordinance as
necessary;
(f) To make such reports as may be
required by the General Council;
(g) To create the Alcohol Beverage
Control Office which shall be
authorized to collect fees levied or set
by the Tribal Council, to keep accurate
records, books, and accounts, and
otherwise fulfill the duties prescribed in
this Ordinance; and
(h) To determine and seek damages
for violations of the Ordinance.
2.3.2 Limitations on Powers
In the exercise of its powers and
duties under this Ordinance, the Tribal
Council and its individual members
shall not:
(a) Accept any gratuity, compensation
or other thing of value from any liquor
wholesaler, retailer or distributor or
from any licensee;
(b) Waive the inherent sovereign
immunity of the Tribe from suit without
the express written consent of the Tribal
Council.
2.3.3 Inspection Right
The premises on which liquor is sold
or distributed shall be open for
inspection by the Tribal Council 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.
SECTION 3.0—SALES OF LIQUOR
3.1 License Required
Sales of liquor and alcoholic
beverages within the exterior
boundaries of trust land may only be
made at businesses at designated Public
Places which hold a tribal liquor
license. Persons in possession of valid
liquor licenses issued by the State of
Washington may continue to operate
under a Washington State license until
such time as an application for a tribal
license has been either approved or
denied as provided for by Section 4 of
this Ordinance.
3.2 Sales for Cash
All liquor sales within the trust land
boundaries 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
payment for purchases with the use of
credit or debit cards.
3.3 Sale for Personal Consumption
All sales shall be for the personal use
and consumption of the purchaser.
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
5453
Resale of any alcoholic beverage
purchased within the exterior
boundaries of the Trust Land is
prohibited. Any person who is not
licensed pursuant to this Ordinance
who purchases an alcoholic beverage
within the boundaries of the trust land
and sells it, whether in the original
container or not, shall be guilty of a
violation of this Ordinance and shall be
subject to paying damages to the Tribe
as set forth herein.
SECTION 4.0—LICENSING
4.1
Procedure
In order to control the proliferation of
establishments on the trust land which
sell or serve liquor by the bottle or by
the drink, all persons or entities which
desire to sell liquor within the exterior
boundaries of the trust land must apply
to the Tribe for a license to sell or serve
liquor. Persons in possession of valid
liquor licenses issued by the State of
Washington who apply for a tribal
license may continue to operate under
a Washington State license until such
time as the application for a tribal
license has been either approved or
denied.
4.2
Application
Any person or entity applying for a
license to sell or serve liquor on trust
land must complete the application
provided for this purpose by the Tribe
and pay such application fee as may be
set from time to time by the Alcohol
Beverage Control Office or, in the
absence thereof, the Tribal Council, for
this purpose. The application must be
filled out completely in order to be
considered.
4.3
Issuance License
The Alcohol Beverage Control Office
or, in the absence thereof, the Tribal
Council may issue a license if it believes
that such issuance is in the best
interests of the Tribe and its members.
Such decision shall be final.
4.4
Period of License
Each license may be issued for a
period not to exceed two (2) years from
the date of issuance.
4.5
Renewal of License
A licensee may renew its license if the
licensee has complied in full with this
Ordinance; provided, however, that the
Alcohol Beverage Control Office or, in
the absence thereof, the Tribal Council
may refuse to renew a license if it finds
that doing so would not be in the best
interests of the health, safety and
welfare of the Tribe and its members.
E:\FR\FM\31JAN1.SGM
31JAN1
5454
4.6
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
Revocation of License
The Alcohol Beverage Control Office
or, in the absence thereof, the Tribal
Council may revoke a license for
reasonable cause upon notice and
hearing at which the licensee is given an
opportunity to respond to any charges
against it and to demonstrate why the
license should not be suspended or
revoked.
4.7
Transferability of License
Licenses issued by the Alcohol
Beverage Control Office or, in the
absence thereof, the Tribal Council shall
not be transferable and may only be
utilized by the person or entity in whose
name it was issued.
SECTION 5.0—TAXES
[RESERVED]
tkelley on DSK3SPTVN1PROD with NOTICES
SECTION 6.0—RULES,
REGULATIONS, AND ENFORCEMENT
(a) In any proceeding under this
Ordinance, conviction of one unlawful
sale or distribution of liquor shall
establish prima facie intent of
unlawfully keeping liquor for sale,
selling liquor or distributing liquor in
violation of this Ordinance.
(b) Any person who shall sell or offer
for sale or distribute or transport in any
manner, liquor in violation of this
ordinance, or who shall operate or shall
have liquor for sale in his possession
without a license, shall be guilty of a
violation of this Ordinance subjecting
him or her to civil damages assessed by
the Tribal Council.
(c) Any person within the boundaries
of the trust land who buys liquor from
any person other than a properly
licensed facility shall be guilty of a
violation of this Ordinance.
(d) Any person who keeps or
possesses liquor upon his person or in
any place or on premises conducted or
maintained by his principal or agent
with the intent to sell or distribute it
contrary to the provisions of this title,
shall be guilty of a violation of this
Ordinance.
(e) Any person who knowingly sells
liquor to a person under the influence
of liquor shall be guilty of a violation of
this Ordinance.
(f) Any person engaging wholly or in
part in the business of carrying
passengers for hire, and every agent,
servant, or employee of such person,
who shall knowingly permit any person
to drink liquor in any public
conveyance, shall be guilty of a
violation of this Ordinance. Any person
who shall drink liquor in a public
conveyance shall be guilty of a violation
of this Ordinance.
VerDate Mar<15>2010
17:23 Jan 30, 2014
Jkt 232001
(g) No person under the age of 21
years shall consume, acquire or have in
his possession any liquor or alcoholic
beverage. No person shall permit any
other person under the age of 21 to
consume liquor on his premises or any
premises under his control except in
those situations set out in this section.
Any person violating this section shall
be guilty of a separate violation of this
Ordinance for each and every drink so
consumed.
(h) Any person who shall sell or
provide any liquor to any person under
the age of 21 years shall be guilty of a
violation of this Ordinance for each
such sale or drink provided.
(i) Any person who transfers in any
manner an identification of age to a
person under the age of 21 years for the
purpose of permitting such person to
obtain liquor shall be guilty of an
offense; provided that corroborative
testimony of a witness other than the
underage person shall be a requirement
of finding a violation of this Ordinance.
(j) Any person who attempts to
purchase an alcoholic beverage through
the use of false or altered identification
which falsely purports to show the
individual to be over the age of 21 years
shall be guilty of violating this
ordinance.
(k) Any person guilty of a violation of
this Ordinance shall be liable to pay the
Tribe the amount of $500 per violation
as civil damages to defray the Tribe’s
cost of enforcement of this ordinance.
When requested by the provider of
liquor, any person shall be required to
present official documentation of the
bearer’s age, signature and photograph.
Official documentation includes one of
the following:
(1) Driver’s license or identification
card validly issued by any state
department of motor vehicles;
(2) United States Active Duty Military
identification;
(3) Passport;
(4) Snoqualmie Tribal Identification
Card.
(l) Liquor which is possessed,
including for sale, contrary to the terms
of this Ordinance is declared to be
contraband. Any Tribal agent, employee
or officer who is authorized by the
Tribal Council to enforce this section
shall seize all contraband and preserve
it in accordance with the provisions
established for the preservation of
impounded property.
(m) Upon being found in violation of
the Ordinance, the party shall forfeit all
right, title and interest in the items
seized which shall become the property
of the Tribe.
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
SECTION 7.0—ABATEMENT OF
NUISANCE
(a) Any room, house, building,
vehicle, structure, or other place where
liquor is sold, manufactured, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provision of this ordinance or of any
other Tribal law relating to the
manufacture, importation,
transportation, possession, distribution,
and sale of liquor, and all property kept
in and used in maintaining such place,
is hereby declared to be a nuisance.
(b) The Chairperson of the Tribal
Council shall, upon vote of the Tribal
Council, institute and maintain an
action in the name of the Tribe to abate
and perpetually enjoin any nuisance
declared under this section in the
Snoqualmie Tribal Court. In addition to
all other remedies at Tribal law, the
Snoqualmie Tribal Court may also order
the room, house, building, vehicle,
structure, or place closed for a period of
one (1) year or until the owner, lessee,
tenant, or occupant thereof shall give
bond of sufficient sum of not less than
$25,000 payable to the Tribe and
conditioned that liquor will not be
thereafter manufactured, kept, sold,
bartered, exchanged, given away,
furnished, or otherwise disposed of
thereof in violation of the provisions of
this Ordinance or of any other
applicable Tribal law and that he will
pay all fines, costs and damages
assessed against him for any violation of
this Ordinance or other Tribal laws. If
any conditions of the bond be violated,
the bond may be recovered for the use
of the Tribe.
(c) In all instances where any person
has been found in violation of this
Ordinance relating to the manufacture,
importation, transportation, possession,
distribution, and sale of liquor, the
Snoqualmie Tribal Court may abate as a
nuisance any real estate or other
property involved in the violation of the
Ordinance, and violation of this
Ordinance shall be prima facie evidence
that the room, house, building, vehicle,
structure, or place again which such
action is brought is a public nuisance.
(d) Nothing in this section shall be
deemed or construed as a waiver of the
Tribe’s inherent sovereign immunity
from unconsented suit.
SECTION 8.0—SEVERABILITY AND
EFFECTIVE DATE
(a) If any provision or application of
this Ordinance is determined by review
to be invalid, such determination shall
not be held to render ineffectual the
remaining portions of this ordinance or
E:\FR\FM\31JAN1.SGM
31JAN1
Federal Register / Vol. 79, No. 21 / Friday, January 31, 2014 / Notices
to render such provisions inapplicable
to other persons or circumstances.
(b) 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.
(c) Any and all prior enactments of
the Tribal Council which are
inconsistent with the provisions of this
Ordinance are hereby rescinded.
SECTION 9.0—AMENDMENT
This Ordinance may only be amended
by a vote of the Tribal Council.
[FR Doc. 2014–02097 Filed 1–30–14; 8:45 am]
Willamette Meridian
cannot guarantee that we will be able to
do so.
Oregon
T. 12 S., R. 3 E., accepted January 14,
2014
T. 33 S., R. 1 W., accepted January 14,
2014
T. 11 S., R. 1 E., accepted January 14,
2014
T. 16 S., R. 6 W., accepted January 17,
2014
A copy of the plats may be
obtained from the Public Room at the
Bureau of Land Management, Oregon
State Office, 1220 SW. 3rd Avenue,
Portland, Oregon 97204, upon required
payment.
ADDRESSES:
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLNV912000 L10200000.PH0000
LXSS0006F0000; 14–08807;
MO#4500061004]
FOR FURTHER INFORMATION CONTACT:
Correction: Notice of Public Meeting:
Resource Advisory Councils, NV
Bureau of Land Management,
Interior.
ACTION: Correction.
AGENCY:
On Friday, January 3, 2014,
the Bureau of Land Management
published the Notice of Public Meeting:
Resource Advisory Councils, NV (79 FR
406). The address listed for this meeting
was incorrect.
On page 406, in the second column,
on lines 40 through 42, the address for
the meeting should be corrected to:
‘‘High Desert Inn, 3015 Idaho Street,
Elko, NV, 89801.’’
SUMMARY:
Matthew Spangler,
BLM Nevada Acting Deputy Chief,
Communications.
[FR Doc. 2014–01931 Filed 1–30–14; 8:45 am]
BILLING CODE 4310–HC–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLOR957000–L63100000–HD0000–
14XL1116AF: HAG14–0054]
Filing of Plats of Survey: Oregon/
Washington
Bureau of Land Management,
Interior.
ACTION: Notice.
tkelley on DSK3SPTVN1PROD with NOTICES
AGENCY:
The plats of survey of the
following described lands are scheduled
to be officially filed in the Bureau of
Land Management, Oregon State Office,
Portland, Oregon, 30 days from the date
of this publication.
SUMMARY:
VerDate Mar<15>2010
22:25 Jan 30, 2014
Jkt 232001
Kyle
Hensley, (503) 808–6132, Branch of
Geographic Sciences, Bureau of Land
Management, 1220 SW. 3rd Avenue,
Portland, Oregon 97204. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal
Information Relay Service (FIRS) at 1–
800–877–8339 to contact the above
individual during normal business
hours. The FIRS is available 24 hours a
day, 7 days a week, to leave a message
or question with the above individual.
You will receive a reply during normal
business hours.
A person
or party who wishes to protest against
this survey must file a written notice
with the Oregon State Director, Bureau
of Land Management, stating that they
wish to protest. A statement of reasons
for a protest may be filed with the notice
of protest and must be filed with the
Oregon State Director within thirty days
after the protest is filed. If a protest
against the survey is received prior to
the date of official filing, the filing will
be stayed pending consideration of the
protest. A plat will not be officially filed
until the day after all protests have been
dismissed or otherwise resolved.
Before including your address, phone
number, email address, or other
personal identifying 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
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00088
Timothy J. Moore,
Acting, Chief Cadastral Surveyor of Oregon/
Washington.
[FR Doc. 2014–01987 Filed 1–30–14; 8:45 am]
BILLING CODE 4310–$$–P
DEPARTMENT OF THE INTERIOR
National Park Service
[NPS–PWR–PWRO–14060;PPPWSAMO00/
PX.DSAMO0003.00.1]
Washington
T. 9 N., R. 27 E., accepted January 14,
2014
BILLING CODE 4310–4J–P
5455
Fmt 4703
Sfmt 4703
Notice of Intent to Prepare a Joint
Environmental Impact Statement/
Environmental Impact Report for Trail
Management Plan, Santa Monica
Mountains National Recreation Area,
Ventura and Los Angeles Counties,
California
National Park Service, Interior.
Notice of Intent.
AGENCY:
ACTION:
The original Notice of Intent
to prepare the Trail Management Plan
was published in the Federal Register
on January 16, 2003, with an estimated
completion date of 2004 for the joint
EIS/EIR. The National Park Service
(NPS) and state of California partner
agencies conducted public scoping
meetings in 2005 and gathered public
comments on conceptual trail policies
and map alternatives needed to prepare
the Draft EIS/EIR. Owing to lack of
funding, the NPS and partner agencies
were unable to continue preparation of
the EIS/EIR after the 2005 public
scoping effort. State and federal funding
for the EIS/EIR has now been secured,
and the agencies are reinitiating joint
preparation of the Trail Management
Plan (TMP) and combined EIS/EIR. The
NPS is the lead agency responsible for
preparing the EIS, and the California
Department of Parks and Recreation
(CDPR) is the lead agency responsible
for preparing the EIR. The Santa Monica
Mountains Conservancy (SMMC) and
the Mountains Recreation and
Conservation Authority (MRCA) will be
cooperating agencies in the EIS/EIR
effort. Following publication of this
Notice, CDPR will reissue a Notice of
Preparation to initiate the preparation of
a joint EIS/EIR pursuant to the
requirements of the California
Environmental Policy Act (CEQA).
DATES: All written public scoping
comments must be postmarked or
transmitted not later than April 1, 2014.
Further Information: Periodically
updated materials about the integrated
EIS/EIR process will be made available
via mailings, regional and local news
SUMMARY:
E:\FR\FM\31JAN1.SGM
31JAN1
]]>Agencies
[Federal Register Volume 79, Number 21 (Friday, January 31, 2014)]
[Notices]
[Pages 5451-5455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02097]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[145A2100DD/AAK3000000/A0T500000.000000]
Snoqualmie Indian Tribe--Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Snoqualmie Indian Tribe's Liquor
Control Ordinance. The ordinance regulates and controls the possession,
sale, and consumption of liquor within the Snoqualmie Indian Tribe's
Indian country. This ordinance allows for the possession and sale of
alcoholic beverages within the jurisdiction of the Snoqualmie Indian
Tribe, 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 January 31, 2014.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE
11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503) 231-
6731: or Dee 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 Snoqualmie Indian Tribe's Tribal
Council adopted Resolution 02-2014 to enact the Alcoholic
Beverage Control
[[Page 5452]]
Act authorizing the certification and publication of the Snoqualmie
Liquor Control Ordinance on January 9, 2014.
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 Snoqualmie Indian Tribes' Tribal Council
adopted Resolution 02-2014 to enact the Alcoholic Beverage
Control Act authorizing the certification and publication of the
Snoqualmie Liquor Control Ordinance on January 9, 2014.
Dated: January 28, 2014.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Snoqualmie Indian Tribe's Liquor Control Ordinance shall read
as follows:
SECTION 1.0--INTRODUCTION
1.1 Title
This Chapter shall be known as the ``Snoqualmie Tribal Liquor
Control Ordinance'' and shall be codified as Title 8, Chapter 3 of the
Snoqualmie Tribal Code.
1.2 Authority
This Ordinance is enacted pursuant to the Act of August 15, 1953,
67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of the
Snoqualmie Tribal Council enumerated in Article VIII of the
Constitution of the Snoqualmie Tribe of Indians, and in conformity with
applicable Washington State laws and all attendant agreements with the
State of Washington.
1.3 Purpose
The purpose of this Ordinance is to regulate and control the
possession and sale of liquor on the Snoqualmie Tribe's trust land. The
enactment of this Ordinance governing liquor possession and sale on the
Snoqualmie Tribe's trust land will increase the ability of the
Snoqualmie Tribal Council to control the sale, distribution and
possession of liquor on the Snoqualmie Tribe's trust land and will
provide an important source of revenue for the continued operation and
strengthening of the Snoqualmie tribal government and the delivery of
tribal government services.
1.4 Effective Date
This Ordinance shalt be effective upon certification by the
Secretary of the Interior and its publication in the Federal Register.
SECTION 2.0--DECLARATION OF PUBLIC POLICY AND PURPOSE
(a) The introduction possession and sale of liquor on the trust
land is a matter of special concern to the Tribe.
(b) Federal law currently prohibits the introduction of liquor into
Indian Country (18 U.S.C. 1154), except as provided therein and
expressly delegates to tribes the decision regarding when and to what
extent liquor transactions shall be permitted (18 U.S.C. 1161).
(c) The Tribal Council recognizes that a need still exists for
strict tribal regulation and control over liquor transactions within
trust land because of the many potential problems associated with the
unregulated or inadequately regulated sale, possession, distribution,
and consumption of liquor. The Tribal Council finds that tribal control
and regulation of liquor is necessary to achieve maximum economic
benefit to the Tribe, to protect the health and welfare of tribal
members, and to address specific concerns relating to alcohol use on
the trust land.
(d) It is in the best interests of the Tribe to enact an ordinance
governing liquor sales on trust land. Further, the Tribe has determined
that the purchase, distribution and sale of liquor shall take place
only at tribally-owned enterprises and/or tribally licensed
establishments operating on trust land.
2.2 Definitions
As used in this title, the following words shall have the following
meanings unless the context clearly requires otherwise:
(a) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, ethanol, or spirits of wine, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions and
mixtures of this substance from whatever source or by whatever process
produced.
(b) ``Alcoholic Beverage'' is synonymous with the term ``liquor''
as defined in Section 2.2(d) of this Chapter.
(c) ``Beer'' means any beverage such as beer, ale, lager beer,
stout, and porter obtained by the alcoholic fermentation of an infusion
or decoction of pure hops, or pure extract of hops and pure barley malt
or other wholesome grain or cereal in pure water and containing not
more than eight percent of alcohol by weight, and not less than one-
half of one percent of alcohol by volume. For the purposes of this
title, any such beverage containing more than eight percent of alcohol
by weight shall be referred to as ``strong beer.''
(d) ``Liquor'' includes the four varieties of liquor herein defined
(alcohol, spirits, wine, and beer), includes all fermented, spirituous,
vinous, or malt liquor or combinations thereof, and mixed liquor, a
part of which is fermented, spirituous, vinous or malt liquor, or
otherwise intoxicating; and every liquid or solid or semisolid or other
substance, patented or not containing alcohol, spirits, wine, or beer,
and all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption, and any liquid, semisolid, solid, or
other substance, which contains more than one percent of alcohol by
weight shall be conclusively deemed to be intoxicating. Liquor does not
include confections or food products that contain one percent or less
of alcohol by weight. ``Malt Liquor'' means beer, strong beer, ale,
stout and porter.
(e) ``Package'' means any container or receptacle used for holding
liquor.
(f) ``Public Place'' includes state or county or tribal or federal
highways or roads; buildings and grounds used for school purposes:
public dance halls and grounds adjacent thereto; soft drink
establishments, public buildings, public meeting halls, lobbies, halls
and dining rooms of hotels, restaurants, theaters, gaming facilities,
entertainment centers, stores, garages, and filling stations which are
open to and/or are generally used by the public and to which the public
is permitted to have unrestricted access; public conveyances of all
kinds and character; and all other places of like or similar nature to
which the general public has unrestricted right of access, and which
are generally used by the public. For the purpose of this Ordinance,
``Public Place'' shall also include any establishment other than a
single family home which is designed for or may be used by more than
just the owner of the establishment.
(g) ``Sale'' and ``Sell'' includes exchange, barter and traffic;
and also includes the selling or supplying or distributing by any means
whatsoever of liquor, or of any liquid known or described as beer or by
any name whatsoever commonly used to describe malt or brewed liquor or
of wine by any person to any person.
(h) ``Spirits'' means any beverage, which contains alcohol obtained
by distillation, including wines exceeding twenty-four percent of
alcohol by weight.
(i) ``Wine'' means any alcoholic beverage obtained by fermentation
of fruits, (grapes, berries, apples, et cetera) or other agricultural
product containing sugar, to which any saccharine substances may have
been added before, during or after fermentation, and containing not
more than twenty-four percent of alcohol by volume, including sweet
wines fortified with wine spirits,
[[Page 5453]]
such as port, sherry, muscatel, and angelica, not exceeding twenty-four
percent of alcohol by volume and not less than one-half of one percent
of alcohol by volume. For purposes of this Chapter, any beverage
containing no more than fourteen percent of alcohol by volume when
bottled or packaged by the manufacturer shall be referred to as ``table
wine,'' and any beverage containing alcohol in an amount more than
fourteen percent by volume when bottled or packaged by the manufacturer
shall be referred to as ``fortified wine.'' However, ``fortified wine''
shall not include: (i) Wines that are both sealed or capped by cork
closure and aged two years or more; and (ii) wines that contain more
than fourteen percent alcohol by volume solely as a result of the
natural fermentation process and that have not been produced with the
addition of wine spirits, brandy, or alcohol.
(j) ``General Council'' means the General Council of the Snoqualmie
Indian Tribe, which is composed of the voting membership of the Tribe.
(k) ``Tribal Council'' means the Snoqualmie Tribal Council, which
is the governing body of the Tribe.
(l) ``Alcohol Beverage Control Office'' means the Tribal department
which may be established by the Tribal Council for purposes carrying
out the provisions of this Ordinance.
(m) ``Trust Land'' means those lands which are held in trust by the
United States for the Tribe and not for any individual Indian.
(n) ``Tribe'' means the Snoqualmie Indian Tribe, a federally
recognized sovereign Indian tribe.
2.3 Powers of Enforcement
2.3.1 The Tribal Council
In furtherance of this ordinance, the Tribal Council shall have the
following powers and duties:
(a) To publish and enforce rules and regulations adopted by the
Tribal Council governing the sale, manufacture, distribution, and
possession of alcoholic beverages on the trust land;
(b) To employ managers, accountants, security personnel, inspectors
and such other persons as shall be reasonably necessary to allow the
Tribal Council to perform its functions, all of whom shall be tribal
employees;
(c) To authorize the Alcohol Beverage Control Office to issue
licenses permitting the sale or manufacture or distribution of liquor
on the trust land and to revoke such licenses as provided herein;
(d) To hold hearings on violations of this ordinance or for the
issuance or revocation of licenses hereunder;
(e) To bring suit in the appropriate court to enforce this
ordinance as necessary;
(f) To make such reports as may be required by the General Council;
(g) To create the Alcohol Beverage Control Office which shall be
authorized to collect fees levied or set by the Tribal Council, to keep
accurate records, books, and accounts, and otherwise fulfill the duties
prescribed in this Ordinance; and
(h) To determine and seek damages for violations of the Ordinance.
2.3.2 Limitations on Powers
In the exercise of its powers and duties under this Ordinance, the
Tribal Council and its individual members shall not:
(a) Accept any gratuity, compensation or other thing of value from
any liquor wholesaler, retailer or distributor or from any licensee;
(b) Waive the inherent sovereign immunity of the Tribe from suit
without the express written consent of the Tribal Council.
2.3.3 Inspection Right
The premises on which liquor is sold or distributed shall be open
for inspection by the Tribal Council 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.
SECTION 3.0--SALES OF LIQUOR
3.1 License Required
Sales of liquor and alcoholic beverages within the exterior
boundaries of trust land may only be made at businesses at designated
Public Places which hold a tribal liquor license. Persons in possession
of valid liquor licenses issued by the State of Washington may continue
to operate under a Washington State license until such time as an
application for a tribal license has been either approved or denied as
provided for by Section 4 of this Ordinance.
3.2 Sales for Cash
All liquor sales within the trust land boundaries 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 payment for purchases with the use of credit or debit cards.
3.3 Sale for Personal Consumption
All sales shall be for the personal use and consumption of the
purchaser. Resale of any alcoholic beverage purchased within the
exterior boundaries of the Trust Land is prohibited. Any person who is
not licensed pursuant to this Ordinance who purchases an alcoholic
beverage within the boundaries of the trust land and sells it, whether
in the original container or not, shall be guilty of a violation of
this Ordinance and shall be subject to paying damages to the Tribe as
set forth herein.
SECTION 4.0--LICENSING
4.1 Procedure
In order to control the proliferation of establishments on the
trust land which sell or serve liquor by the bottle or by the drink,
all persons or entities which desire to sell liquor within the exterior
boundaries of the trust land must apply to the Tribe for a license to
sell or serve liquor. Persons in possession of valid liquor licenses
issued by the State of Washington who apply for a tribal license may
continue to operate under a Washington State license until such time as
the application for a tribal license has been either approved or
denied.
4.2 Application
Any person or entity applying for a license to sell or serve liquor
on trust land must complete the application provided for this purpose
by the Tribe and pay such application fee as may be set from time to
time by the Alcohol Beverage Control Office or, in the absence thereof,
the Tribal Council, for this purpose. The application must be filled
out completely in order to be considered.
4.3 Issuance License
The Alcohol Beverage Control Office or, in the absence thereof, the
Tribal Council may issue a license if it believes that such issuance is
in the best interests of the Tribe and its members. Such decision shall
be final.
4.4 Period of License
Each license may be issued for a period not to exceed two (2) years
from the date of issuance.
4.5 Renewal of License
A licensee may renew its license if the licensee has complied in
full with this Ordinance; provided, however, that the Alcohol Beverage
Control Office or, in the absence thereof, the Tribal Council may
refuse to renew a license if it finds that doing so would not be in the
best interests of the health, safety and welfare of the Tribe and its
members.
[[Page 5454]]
4.6 Revocation of License
The Alcohol Beverage Control Office or, in the absence thereof, the
Tribal Council may revoke a license for reasonable cause upon notice
and hearing at which the licensee is given an opportunity to respond to
any charges against it and to demonstrate why the license should not be
suspended or revoked.
4.7 Transferability of License
Licenses issued by the Alcohol Beverage Control Office or, in the
absence thereof, the Tribal Council shall not be transferable and may
only be utilized by the person or entity in whose name it was issued.
SECTION 5.0--TAXES
[RESERVED]
SECTION 6.0--RULES, REGULATIONS, AND ENFORCEMENT
(a) In any proceeding under this Ordinance, conviction of one
unlawful sale or distribution of liquor shall establish prima facie
intent of unlawfully keeping liquor for sale, selling liquor or
distributing liquor in violation of this Ordinance.
(b) Any person who shall sell or offer for sale or distribute or
transport in any manner, liquor in violation of this ordinance, or who
shall operate or shall have liquor for sale in his possession without a
license, shall be guilty of a violation of this Ordinance subjecting
him or her to civil damages assessed by the Tribal Council.
(c) Any person within the boundaries of the trust land who buys
liquor from any person other than a properly licensed facility shall be
guilty of a violation of this Ordinance.
(d) Any person who keeps or possesses liquor upon his person or in
any place or on premises conducted or maintained by his principal or
agent with the intent to sell or distribute it contrary to the
provisions of this title, shall be guilty of a violation of this
Ordinance.
(e) Any person who knowingly sells liquor to a person under the
influence of liquor shall be guilty of a violation of this Ordinance.
(f) Any person engaging wholly or in part in the business of
carrying passengers for hire, and every agent, servant, or employee of
such person, who shall knowingly permit any person to drink liquor in
any public conveyance, shall be guilty of a violation of this
Ordinance. Any person who shall drink liquor in a public conveyance
shall be guilty of a violation of this Ordinance.
(g) No person under the age of 21 years shall consume, acquire or
have in his possession any liquor or alcoholic beverage. No person
shall permit any other person under the age of 21 to consume liquor on
his premises or any premises under his control except in those
situations set out in this section. Any person violating this section
shall be guilty of a separate violation of this Ordinance for each and
every drink so consumed.
(h) Any person who shall sell or provide any liquor to any person
under the age of 21 years shall be guilty of a violation of this
Ordinance for each such sale or drink provided.
(i) Any person who transfers in any manner an identification of age
to a person under the age of 21 years for the purpose of permitting
such person to obtain liquor shall be guilty of an offense; provided
that corroborative testimony of a witness other than the underage
person shall be a requirement of finding a violation of this Ordinance.
(j) Any person who attempts to purchase an alcoholic beverage
through the use of false or altered identification which falsely
purports to show the individual to be over the age of 21 years shall be
guilty of violating this ordinance.
(k) Any person guilty of a violation of this Ordinance shall be
liable to pay the Tribe the amount of $500 per violation as civil
damages to defray the Tribe's cost of enforcement of this ordinance.
When requested by the provider of liquor, any person shall be
required to present official documentation of the bearer's age,
signature and photograph. Official documentation includes one of the
following:
(1) Driver's license or identification card validly issued by any
state department of motor vehicles;
(2) United States Active Duty Military identification;
(3) Passport;
(4) Snoqualmie Tribal Identification Card.
(l) Liquor which is possessed, including for sale, contrary to the
terms of this Ordinance is declared to be contraband. Any Tribal agent,
employee or officer who is authorized by the Tribal Council to enforce
this section shall seize all contraband and preserve it in accordance
with the provisions established for the preservation of impounded
property.
(m) Upon being found in violation of the Ordinance, the party shall
forfeit all right, title and interest in the items seized which shall
become the property of the Tribe.
SECTION 7.0--ABATEMENT OF NUISANCE
(a) Any room, house, building, vehicle, structure, or other place
where liquor is sold, manufactured, bartered, exchanged, given away,
furnished, or otherwise disposed of in violation of the provision of
this ordinance or of any other Tribal law relating to the manufacture,
importation, transportation, possession, distribution, and sale of
liquor, and all property kept in and used in maintaining such place, is
hereby declared to be a nuisance.
(b) The Chairperson of the Tribal Council shall, upon vote of the
Tribal Council, institute and maintain an action in the name of the
Tribe to abate and perpetually enjoin any nuisance declared under this
section in the Snoqualmie Tribal Court. In addition to all other
remedies at Tribal law, the Snoqualmie Tribal Court may also order the
room, house, building, vehicle, structure, or place closed for a period
of one (1) year or until the owner, lessee, tenant, or occupant thereof
shall give bond of sufficient sum of not less than $25,000 payable to
the Tribe and conditioned that liquor will not be thereafter
manufactured, kept, sold, bartered, exchanged, given away, furnished,
or otherwise disposed of thereof in violation of the provisions of this
Ordinance or of any other applicable Tribal law and that he will pay
all fines, costs and damages assessed against him for any violation of
this Ordinance or other Tribal laws. If any conditions of the bond be
violated, the bond may be recovered for the use of the Tribe.
(c) In all instances where any person has been found in violation
of this Ordinance relating to the manufacture, importation,
transportation, possession, distribution, and sale of liquor, the
Snoqualmie Tribal Court may abate as a nuisance any real estate or
other property involved in the violation of the Ordinance, and
violation of this Ordinance shall be prima facie evidence that the
room, house, building, vehicle, structure, or place again which such
action is brought is a public nuisance.
(d) Nothing in this section shall be deemed or construed as a
waiver of the Tribe's inherent sovereign immunity from unconsented
suit.
SECTION 8.0--SEVERABILITY AND EFFECTIVE DATE
(a) If any provision or application of this Ordinance is determined
by review to be invalid, such determination shall not be held to render
ineffectual the remaining portions of this ordinance or
[[Page 5455]]
to render such provisions inapplicable to other persons or
circumstances.
(b) 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.
(c) Any and all prior enactments of the Tribal Council which are
inconsistent with the provisions of this Ordinance are hereby
rescinded.
SECTION 9.0--AMENDMENT
This Ordinance may only be amended by a vote of the Tribal Council.
[FR Doc. 2014-02097 Filed 1-30-14; 8:45 am]
BILLING CODE 4310-4J-P
