Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code (CLUSITC)-Liquor Control, 23815-23817 [2015-09954]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)]
[Notices]
[Pages 23815-23817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09954]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians 
Tribal Code (CLUSITC)--Liquor Control

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the amendment to the Confederated Tribes 
of the Coos, Lower Umpqua and Siuslaw Indians Title 5--Regulatory 
Provisions, Chapter 5-1, Liquor Control (Chapter). This Chapter amends 
the existing Confederated Tribes of the Coos, Lower Umpqua and Siuslaw 
Indians Tribal (Confederated Tribes of the Coos) Liquor Code, enacted 
by the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw 
Indians Tribal Council, which was published in the Federal Register on 
February 23, 2006 (71 FR 9369).

DATES: Effective Date: This code shall become effective 30 days after 
April 29, 2015.

FOR FURTHER INFORMATION CONTACT: Gregory Norton, Division of Tribal 
Government Services Officer, Northwest Regional Office, Bureau of 
Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: 
(503) 231-6723, Fax: (503) 231-2201; or Laurel Iron Cloud, Chief, 
Division of Tribal Government Services, Office of Indian Services, 
Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, 
DC 20240, Telephone: (202) 513-7641.

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 Confederated Tribes of the Coos, 
Lower Umpqua and Siuslaw Indians Tribal Council duly adopted amendments 
to the CLUSTIC Chapter 5-1 (Liquor Control) by Ordinance #031B on 
August 10, 2014. This Federal Register notice amends and supersedes the 
Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians 
Tribal (Confederated Tribes of the Coos) Liquor Code, enacted by the 
Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians 
Tribal Council, published in the Federal Register on February 23, 2006 
(71 FR 9369).
    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 Confederated Tribes of the Coos, Lower 
Umpqua and Siuslaw Indians Tribal Council duly adopted amendments to 
the CLUSTIC Chapter 5-1 (Liquor Control) by Ordinance #031B on August 
10, 2014.

    Dated: April 23, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
    The Confederated Tribes of the Coos, Lower Umpqua and Siuslaw 
Indians Title 5--Regulatory Provisions, Chapter 5-1, Liquor Control 
(Chapter), as amended, shall read as follows:

Title 5--Regulatory Provisions

Chapter 5-1 Liquor Control

Authority and Purpose
    (a) The authority for this Chapter 5-1 and its adoption by Tribal 
Council is found in the CLUSI Const. Art. I, section 1 and Art. VI, 
section 2. This Chapter 5-1 is intended, and shall be construed, to 
conform to the requirements of state law as required by 18 U.S.C. 1161.
    (b) This Chapter 5-1 is for the purpose of regulating the sale, 
possession and use of alcoholic liquor on Tribal Land of the 
Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians 
(Tribes).
5-1-2 Definitions
    The following definitions shall apply to this Chapter 5-1:
    (a) Alcoholic Beverages and Alcoholic Liquor (Liquor)--any liquid 
or solid containing more than one half of one percent (0.5%) alcohol by 
volume and capable of being consumed by a human being.
    (b) Tribal Land--all lands within the exterior boundaries of the 
reservation and trust lands of the Tribes.
    (c) Licensee--any person or entity that holds a valid and current 
license pursuant to the provisions of this Chapter 5-1.
    (d) Sale and Sell
    (1) To provide alcoholic liquor in exchange for any value, 
consideration, or promise, or in any way other than purely 
gratuitously.
    (2) To solicit or receive an order for alcoholic liquor.
    (3) To keep or expose alcoholic liquor for sale or with the intent 
to sell.
    (4) To peddle or traffic in alcoholic liquor.
5-1-3 Prohibited Activity
    (a) It shall be unlawful for any person or business establishment 
on Tribal Land to sell liquor without a liquor sales license from the 
Tribes.
    (b) It shall be unlawful for any person or business establishment 
on Tribal Land to possess, transport or keep with intent to sell any 
liquor, except for those licensed business establishments on Tribal 
Land, provided, however, that a person may transport liquor from a 
licensed business establishment on Tribal Land consistent with the 
terms of the license.
    (c) It shall be unlawful for any person to consume alcoholic liquor 
on a public highway.
    (d) It shall be unlawful for any person to publicly consume any 
alcoholic liquor at any community function, or at or near any place of 
business, Indian celebration grounds, recreational areas, including 
ballparks and public camping areas, the Tribal Headquarters area and 
any other area where minors gather for meetings or recreation, except 
within a licensed business establishment on Tribal Land where liquor is 
sold.
    (e) It shall be unlawful for any person under the age of twenty-one 
(21) years

[[Page 23816]]

to buy, attempt to buy or to misrepresent their age in attempting to 
buy, alcoholic liquor. It shall be unlawful for any person under the 
age of twenty-one (21) years to transport, possess or consume any 
alcoholic liquor on Tribal Land, or to be under the influence of 
alcohol or to be at liquor business establishment on Tribal Land, 
except as authorized under CLUSITC 5-1-11 No person shall sell or 
furnish alcoholic liquor to any minor.
    (f) Alcoholic liquor may not be given as a prize, premium or 
consideration for a lottery, contest, game of chance or skill, or 
competition of any kind.
    (g) Without limiting the foregoing paragraphs in this chapter, any 
other prohibition relating to liquor under the state law of Oregon 
shall apply on Tribal Lands.
5-1-4 Application for Liquor Sales License
    An application for a liquor sales license under this Chapter 5-1 
must be submitted at least thirty (30) days prior to the requested 
effective date on a form provided by the Tribal Council (available from 
the office of the Tribal Administrator). The application must be made 
by a person who is at least twenty-one (21) years of age and shall be 
submitted to the office of the Tribal Administrator with the required 
license fee. A license will not become effective unless the applicant 
delivers to the office of the Tribal Administrator:
    (a) valid copy of applicant's state liquor license from the Oregon 
Liquor Control Commission; and
    (b) proof of insurance sufficient to meet the requirements for a 
state liquor license from the Oregon Liquor Control Commission.
Renewal Application for Liquor Sales License
    A Licensee may apply for renewal of a liquor sales license by 
filing, not less than thirty (30) days prior to the license expiration 
date, a renewal application on a form provided by the Tribal Council 
(available from the office of the Tribal Administrator). The renewal 
application shall be submitted to the office of the Tribal 
Administrator with the required license fee. A license renewal will not 
become effective unless the applicant delivers to the office of the 
Tribal Administrator:
    (a) a valid copy of applicant's state liquor license from the 
Oregon Liquor Control Commission; and
    (b) proof of insurance sufficient to meet the requirements for a 
state liquor license from the Oregon Liquor Control Commission.
5-1-6 Processing of a License Application or Renewal
    The Tribal Administrator shall cause notice of the receipt of any 
completed application or renewal application for a liquor sales license 
to be posted for a period of fourteen (14) days in the Administrative 
Building, Tribal Hall, Outreach Offices, on the Tribes' Web site, in 
the office of the Gaming Commission and at the business establishment 
on Tribal Land requesting the license prior to Tribal Council 
consideration of the application or renewal. The notice shall include a 
statement that any comments on the application or renewal may be 
directed to the Tribal Council by delivery to the office of the Tribal 
Administrator.
    (b) The Tribal Administrator shall deliver a copy of a completed 
application or renewal application to the Tribal Police Department for 
performance of a background check on the applicant. The Tribal Police 
Department, or its designee, will conduct a background check of the 
applicant and provide a report of its findings to the Tribal 
Administrator within ten (10) days of receipt of a copy of the 
completed application or renewal application.
    (c) The Tribal Administrator shall forward to the Tribal Council 
any complete application or renewal application for a liquor sales 
license submitted with the required fee, along with a copy of the 
Tribal Police Department background check and certification of the date 
notice was posted pursuant to CLUSITC 5-1-6(a).
    (d) Tribal Council action on a license application or renewal must 
be taken at a regular or special meeting. The Tribal Council shall deny 
an application for or renewal of a license if it determines that the 
applicant does not have a valid and current liquor license from the 
Oregon Liquor Control Commission. The Tribal Council may deny an 
application for or renewal of a license if it determines that sale of 
alcoholic liquor is not appropriate at that location.
5-1-7 Conditions on a Liquor Sales License
    (a) The following conditions apply to all liquor sales licenses:
    (1) The holder of a Tribal liquor license must also maintain a 
state liquor license from the Oregon Liquor Control Commission to the 
extent required under state law.
    (2) Except as provided in CLUSITC 5-1-7(d), a liquor sales license 
shall be valid for one (1) year from the date of its issuance.
    (3) A liquor sales license shall not be transferable.
    (4) The holder of the Tribal liquor license must maintain 
compliance with this Chapter 5-1 and Oregon Revised Statutes Chapter 
471, including without limitation compliance with laws regarding the 
sale, service and handling of liquor.
    (b) The Tribal Council may impose any other conditions it deems 
necessary to safeguard and promote the safety, health and general 
welfare of members of the Tribes.
    (c) Unless otherwise specified, a renewed license will be subject 
to the same conditions as an original license and any additional 
conditions the Tribal Council deems appropriate.
    (b) A liquor sales license issued to a business establishment on 
Tribal Land operated by the Tribes, including without limitation Three 
Rivers Casino & Hotel and Ocean Dunes Golf Course, shall be valid so 
long as the Tribal business establishment on Tribal Land maintains a 
valid state liquor license from the Oregon Liquor Control Commission 
unless earlier revoked or suspended pursuant to CLUSITC 5-1-10 or 
surrendered by the Licensee. A business establishment on Tribal Land 
operated by the Tribes remains subject to all other applicable 
provisions of this Chapter, including all provisions applicable to a 
Licensee.
5-1-8 Special Event Liquor License
    An individual may request a special event liquor license for a 
special event or occasion of limited duration by submitting a request 
to the office of the Tribal Administrator for consideration by the 
Tribal Council. The Tribal Council may take action on a request for a 
special event liquor license, including imposing specific conditions on 
the license, at any regular or special meeting. Notwithstanding the 
foregoing, an individual requesting a special event liquor license 
under this section must also hold a state liquor license from the 
Oregon Liquor Control Commission, to the extent required under state 
law.
5-1-9 Appeal of a Licensing Application Decision
    (a) Should an applicant or Licensee disagree with a Tribal Council 
decision on an application for or renewal of a liquor sales license, 
the applicant or Licensee may request a hearing before the Tribal 
Council by submitting a written request for a hearing to the office of 
the Tribal Administrator not later than seven (7) days after receipt of 
the Tribal Council's decision. If an applicant or Licensee so submits a 
timely request, the Tribal Council shall provide reasonable notice to 
the applicant of a hearing date, time and

[[Page 23817]]

location, as well as the procedures to be followed at the hearing.
    (b) Following such hearing, the Tribal Council shall affirm, modify 
or reverse its initial licensing decision.
    Any denial of a liquor sales license or renewal of a liquor sales 
license is final. There is no further right of appeal.
5-1-10 Revocation or Suspension of License
    (a) Failure of a Licensee to abide by any provision of this Chapter 
5-1 and any conditions set forth herein or imposed by Tribal Council 
may result in revocation or suspension of the Licensee's liquor sales 
license by the Tribal Council, as well as the assessment of civil 
penalties in accordance with CLUSITC 5-1-13.
    (b) Prior to suspension or revocation of a liquor sales license, 
the Licensee shall have the right to a hearing before the Tribal 
Council. The Tribal Council shall provide reasonable notice to the 
Licensee of the hearing date, time and location, as well as the 
procedures to be followed. If the Tribal Council decides to revoke or 
suspend a liquor sales license, they will issue a decision in writing.
    (c) The decision of the Tribal Council on the revocation or 
suspension of a liquor sales license is final. There is no further 
right of appeal.
5-1-11 Sale or Service of Liquor by Licensee's Minor Employees
    (a) The holder of a license issued under this Chapter 5-1 or Oregon 
Revised Statutes Chapter 471 may employ persons eighteen (18), nineteen 
(19) and twenty (20) years of age who may take orders for, serve and 
sell alcoholic liquor in any part of the licensed premises when that 
activity is incidental to the serving of food except in those areas 
classified by the Oregon Liquor Control Commission as being prohibited 
to the use of minors. However, no person who is eighteen (18), nineteen 
(19) or twenty (20) years of age shall be permitted to mix, pour or 
draw alcoholic liquor except when pouring is done as a service to the 
patron at the patron's table or drawing is done in a portion of the 
premises not prohibited to minors.
    (b) Except as stated in this section, it shall be unlawful to hire 
any person to work in connection with the sale and service of alcoholic 
beverages in a licensed business establishment on Tribal Land if such 
person is under the age of twenty-one (21) years.
5-1-12 Warning Signs Required
    Any person or business in possession of a liquor sales license, 
which sells liquor by the drink for consumption on the premises or 
sells for consumption off the premises, shall post a sign consistent 
with Oregon law informing the public of the effects and risks of 
alcohol consumption during pregnancy.
5-1-13 Civil Penalties & Forfeitures
    (a) The Tribal Council may assess a penalty against any person who 
violates this Chapter 5-1, in an amount not to exceed one thousand 
dollars ($1,000) for each violation, provided, however, that a penalty 
assessed against a minor shall not exceed five thousand dollars 
($5,000).
    (b) Upon the assessment of a penalty, the person against whom the 
penalty was assessed may request a hearing before the Tribal Council by 
submitting a written request to the Tribal Council not later than seven 
(7) days after receipt of assessment. If the person against whom the 
penalty was assessed so submits a timely request, the Tribal Council 
shall provide reasonable notice to the person against whom the penalty 
was assessed of the hearing date, time and location, as well as the 
procedures to be followed.
    (c) If the Tribal Council upholds its decision to assess a penalty, 
the person against whom the penalty was assessed may appeal the 
decision to the Tribal Court, but only on the grounds that the decision 
was arbitrary and capricious or a violation of Tribal Constitutional 
rights. Such appeal must be filed with the Tribal Court in writing 
within fourteen (14) days following receipt of the Tribal Council's 
decision. The Tribal Court shall review without jury the decision of 
the Tribal Council. The person against whom the penalty was assessed 
has the burden of persuading the Tribal Court that the Tribal Council's 
decision is arbitrary or capricious or a violation of Tribal 
Constitutional rights.
    (9) In addition to assessing a penalty against any person who 
violates this Chapter 5-1, the Tribal Council may direct the 
confiscation of any alcoholic liquor sold or possessed by a person in 
violation of this Chapter 5-1. Confiscation will be treated the same as 
the assessment of a civil penalty in this section for appeal purposes. 
The confiscated alcoholic liquor shall be stored in a secure manner 
until the completion of any appeal. If the person does not appeal 
within the time provided, or if forfeiture is upheld by the Tribal 
Court on appeal, then the Tribal Council may sell the confiscated 
liquor for the benefit of the Tribes or may dispose of the liquor in 
any other manner they deem appropriate.
    (e) The Tribal Council hereby specifically finds that the penalties 
under this section are reasonably necessary and are related to the 
expense of governmental administration necessary in maintaining law and 
order and public safety on Tribal Land. All violations of this Chapter, 
whether committed by tribal members, non-member Indians, or non-
Indians, are civil in nature rather than criminal.
5-1-14 Tribal Sovereign Immunity/Liability
    Nothing in this Chapter 5-1 shall be construed to have waived the 
sovereign immunity of the Tribes, any tribal entity, department or 
program, or any tribal official or employee, except as specifically and 
explicitly described herein.
5-1-15 Severability
    If a court of competent jurisdiction finds any provision of this 
Chapter 5-1 to be invalid or illegal under applicable Federal or Tribal 
law, such provision shall be severed from this Chapter 5-1 and the 
remainder of this Chapter 5-1 shall remain in full force and effect.
5-1-16 Consistency With State Law
    The Tribes will comply with Oregon liquor laws to the extent 
required by 18 U.S.C. 1161.
5-1-17 Effective Date
    (a) This Chapter 5-1 shall be effective upon publication in the 
Federal Register after approval by the Secretary of the Interior or his 
designee.
    (b) Tribal Council may adopt amendments to this Chapter 5-1 and 
those amendments shall be effective upon publication in the Federal 
Register after approval by the Secretary of the Interior or his 
designee.

[FR Doc. 2015-09954 Filed 4-28-15; 8:45 am]
 BILLING CODE 4337-15-P