Pascua Yaqui Tribe of Arizona-2015 Liquor Control Ordinance, 44376-44378 [2015-18286]
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44376
Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
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SUMMARY:
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Helen Jackson,
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[FR Doc. 2015–18383 Filed 7–24–15; 8:45 am]
BILLING CODE 9110–9P–P
Arizona, will increase the ability of the
tribal government to control the
distribution and possession of liquor
within their Indian country, 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 law is
effective August 27, 2015.
FOR FURTHER INFORMATION CONTACT:
Sharlot Johnson, Tribal Government
Services Officer, Western Regional
Office, Bureau of Indian Affairs, 2600
North Central Avenue, Phoenix, AZ
85004; Phone: (602) 379–6786; Fax:
(602) 379–379–4100, 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.
Pascua Yaqui Tribal Council duly
adopted this law by Resolution No.
C06–103–15 on June 10, 2015.
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 Pascua Yaqui Tribe of
Arizona duly adopted the 2015 Liquor
Control Ordinance 07–15 by Resolution
No. C06–103–15 on June 10, 2015.
DEPARTMENT OF THE INTERIOR
Dated: July 21, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
Bureau of Indian Affairs
The Pascua Yaqui Liquor Control
Ordinance of 2015 shall read as follows:
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
Pascua Yaqui Tribe of Arizona—2015
Liquor Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Pascua Yaqui Tribe of Arizona’s 2015
Liquor Control Ordinance. The
ordinance regulates and controls the
possession, sale and consumption of
liquor within the Pascua Yaqui Tribe of
Arizona’s Indian country. This
ordinance allows for the possession and
sale of alcoholic beverages within the
jurisdiction of the Pascua Yaqui Tribe of
SUMMARY:
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Section 10 Short Title: Codification (8
PYTC § 6–5–10)
(A) This Ordinance is an Ordinance of
the Pascua Yaqui Tribe of Arizona, and
shall be known as the Pascua Yaqui
Liquor Control Ordinance of 2015.
(B) This Ordinance shall be codified
pursuant to the Pascua Yaqui Tribe
Codification Ordinance as Title 8, Part
VI, Chapter 6–5.
Section 20 General (8 PYTC § 6–5–20)
(A) This Ordinance is for the purpose
of regulating the sale, possession and
use of alcoholic liquor on the Pascua
Yaqui Reservation and adjacent Trust
Lands held by the United States for the
benefit of the Pascua Yaqui Tribe of
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Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
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Arizona. The enactment of this
Ordinance will enable the Pascua Yaqui
Tribe of Arizona and its Tribal
Government to regulate liquor
distribution and possession on the
Pascua Yaqui Reservation, as defined in
Subsection 8 PYTC § 6–5–30 (C) below.
(B) Subject to certain limitations,
Article VI, Sections 1(l), 1(0) 1(t), and
1(w) of the Constitution of the Pascua
Yaqui Tribe of Arizona, adopted on
January 26, 1988 and approved by the
Secretary of the Interior on February 8,
1988 pursuant to Section 16 of the
Indian Reorganization Act of June 18,
1934 (48 Stat. 984), vests the Pascua
Yaqui Tribal Council with legislative
and executive authority, including the
authority to adopt this Ordinance.
(C) Jurisdiction. This Ordinance is
adopted in accordance with the 18
U.S.C.§ 1161, and conforms with all
requisite laws of the State of Arizona in
accordance with the requirements of 18
U.S.C.§ 1161.
Section 30 Definitions (8 PYTC § 6–5–
30)
To the extent that definitions are
consistent with tribal or federal laws,
terms used herein shall have the same
meaning as defined in Arizona Revised
Statutes (‘‘ARS’’) Title 4, and as defined
in Administrative Rules of the Arizona
Department of Liquor Licenses and
Control to administer ARS, Title 4.
(A) ‘‘Alcoholic Liquor’’ shall mean
any alcoholic beverage containing more
than one-half of one percent alcohol by
volume, and every liquid or solid,
patented or not, containing alcohol and
capable of being consumed by a human
being.
(B) ‘‘Land Assignment’’ means a Land
Assignment as defined in the Pascua
Yaqui Tribal Code.
(C) ‘‘Pascua Yaqui Reservation’’ shall
mean all lands held in trust by the
United States for the Pascua Yaqui Tribe
of Arizona or its members. It also
includes any roads or rights-of-way
located within the external boundaries
of the Pascua Yaqui Reservation.
(D) Whenever the words ‘‘sell’’ or ‘‘to
sell’’ refer to anything forbidden by this
Chapter and related to alcoholic liquor,
they include:
(1) To solicit or receive and order;
(2) To keep or expose for sale;
(3) To deliver for value or in any way
other than purely gratuitously;
(4) To peddle;
(5) To keep with intent to sell;
(6) To traffic in;
(7) To engage in a transaction for any
consideration or promise obtained
directly or indirectly under any pretext
or by any means or to procure or allow
to be procured for any other person;
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(8) The word ‘‘sale’’ includes every
act of selling as defined in this
Subsection (D) of Section 8 PYTC § 6–
5–30;
(9) The word ‘‘person’’ includes a
human being or any entity that is
recognized by law as having the rights
and/or duties of a human being.
(E) ‘‘Tribal’’ refers to the Pascua Yaqui
Tribe of Arizona.
(F) ‘‘Tribe’’ shall mean the Pascua
Yaqui Tribe of Arizona.
Section 40 Civil Violation (8 PYTC § 6–
6–40)
Any of the following shall be a civil
violation in prosecutable in the Pascua
Yaqui Tribal Court under this
Ordinance:
(A) For any person to sell, trade or
manufacture any alcoholic liquor on the
Pascua Yaqui Reservation, except as
provided for in this Ordinance.
(B) For any business establishment or
person on the Pascua Yaqui Reservation
to possess, transport or keep with intent
to sell, barter or trade to another, any
liquor, except for those commercial
liquor establishments on the Pascua
Yaqui Reservation licensed by the
Arizona Department of Liquor Licenses
and Control and approved by the Pascua
Yaqui Tribal Council by resolution,
provided however that a person may
transport liquor from a licensed
establishment consistent with the terms
of the license.
(C) For any person to consume
alcoholic liquor on a public road on the
Pascua Yaqui Reservation.
(D) For any person to publicly
consume any alcoholic liquor at any
community function, or at or near any
place of business, celebration grounds,
recreational areas, including ballparks,
Tribal government facilities, and any
other public area where minors gather
for meetings or recreation, except within
a licensed establishment where alcohol
is sold.
(E) For any person under the age of 21
years to buy, attempt to buy or to
misrepresent their age in attempting to
buy alcoholic liquor.
(F) For any person under the age of 21
years to transport, possess or consume
any alcoholic liquor on the Pascua
Yaqui Reservation, or to be under the
influence of alcohol or to be at an
established commercial liquor
establishment, except as authorized
under this Ordinance.
(G) For any person to sell or furnish
alcoholic liquor to any person under 21
years of age.
(H) For alcoholic liquor to be given as
a prize, premium or consideration for a
lottery, contest, game of chance or skill,
or competition of any kind.
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44377
Section 50 Criminal Violations (8
PYTC § 6–5–50)
(A) Except as set forth in subsections
(B), (C), and (D) below, it shall be a
violation of 18 U.S.C. § 1154(a) for any
person not having a license issued by
the State of Arizona for the sale alcohol
on the Pascua Yaqui Reservation to sell
or distribute alcohol on the Pascua
Yaqui Reservation, and the criminal
penalties therefore shall be as
established in 18 U.S.C. § 1154(a).
(B) It shall be permissible, and shall
not be a criminal violation of 18 U.S.C.
§ 1154(a), for a person who is 21 years
of age or older to distribute, but not sell,
alcohol to any other person 21 years of
age or older, who are both lawfully
present on a residential Land
Assignment of the Pascua Yaqui Tribe
with the consent of the Land
Assignment holder.
(C) It shall be permissible, and shall
not be a criminal violation of 18 U.S.C.
§ 1154(a), for a person who is 21 years
of age or older to distribute, but not sell,
alcohol to any other person 21 years of
age or older, who are both lawfully
present at a rental residence, or its
surrounding land, owned by the Pascua
Yaqui Tribe with the consent of the
authorized tenant.
(D) It shall be permissible, and shall
not be a criminal violation of 18 U.S.C.
§ 1154(a), for a person or entity having
a liquor license issued by the State of
Arizona for sale of liquor on the Pascua
Yaqui Reservation, or for any employee
of a person or entity having a liquor
license issued by the State of Arizona
for sale of liquor on the Pascua Yaqui
Reservation, to sell or distribute alcohol
on the Pascua Yaqui Reservation.
Section 60 Licensing Procedure (8
PYTC § 6–5–60)
(A) Requests, issuances of, and
renewals of, licenses under this
Ordinance shall be made to the State of
Arizona in accordance with the
standards set forth by the State of
Arizona in ARS Title 4 and the
regulations established by the Arizona
Liquor License Control Board to
administer ARS Title 4.
(B) The Pascua Yaqui Tribal Council
shall be the ‘‘local governing body,’’ as
set out in ARS § 4–201, for license
applications, issuances, and renewals
for locations on the Pascua Yaqui
Reservation.
(C) Licensees shall not conduct
operations under those licenses, nor
activities related thereto, on Tribal Land
Assignments or rental properties, which
are reserved for residential purposes
only.
(D) Licenses may be terminated by the
Arizona Department of Liquor Licenses
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44378
Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Notices
and Control and/or Arizona Liquor
License Control Board in accordance
with their respective laws, regulations,
policies and procedures. The laws, rules
and regulations of the Arizona
Department of Liquor Licenses and
Control and/or the Arizona Liquor
License Control Board with regard to
liquor license enforcement, review, and
revocation proceedings shall be
applicable to Liquor Licenses on the
Pascua Yaqui Reservation.
Section 70 Warning Signs Required (8
PYTC § 6–5–70)
Licensees on the Pascua Yaqui
Reservation shall comply with the
requirements of ARS § 4–261, and shall
post the signs required by that section
in accordance with the requirements of
that section.
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Section 80 Jurisdiction & Violations of
this Ordinance (8 PYTC § 6–5–80)
(A) The Pascua Yaqui Tribal Court
shall have exclusive jurisdiction over
enforcement of all provision of this
Ordinance, except for violations of 8
PYTC § 6–5–50 (A) committed by nonIndians. This shall not preclude any of
the United States of America, the
Arizona Department of Liquor Licenses
and Control and/or the Arizona Liquor
License Control Board from
administering and enforcing their
respective laws, regulations, policies
and procedures, including, but not
limited to, unlawful distribution of
alcohol, licensing requirements, the
issuance of liquor licenses, liquor
license violations, licensee disciplinary
proceedings, and license revocation
proceedings.
(B) Any person present on the Pascua
Yaqui Reservation shall be deemed to
have consented to the civil jurisdiction
of the Pascua Yaqui Tribal Court, and
any Indian present on the Pascua Yaqui
Reservation shall be deemed to have
consented to criminal jurisdiction of the
Pascua Yaqui Tribal Court, and may be
subject to a civil or criminal penalty as
applicable in the Pascua Yaqui Tribal
Court for a civil or criminal violations
of this Ordinance. The Indian Civil
Rights Act shall be applicable to Indians
charged with criminal violations of this
Ordinance.
(C) For any violation of 8 PYTC § 6–
6–40 the Pascua Yaqui Tribal Court may
impose a civil penalty in an amount not
to exceed $1,000 per violation.
(D) The Pascua Yaqui Prosecutor’s
Office shall bring enforcement actions of
alleged violations of 8 PYTC § 6–6–40.
(E) The burden of proof for alleged
violations of 8 PYTC § 6–6–40 shall be
a preponderance of the evidence.
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(F) There shall be no right of jury trial
or court-appointed legal counsel for
alleged violations of 8 PYTC § 6–6–40.
(G) Alleged violations of 8 PYTC § 6–
6–40 above may be brought jointly with
a criminal violation of Pascua Yaqui
Tribal law, or may be brought
separately.
(H) The Tribal Council hereby
specifically finds that civil penalties
imposed for violations of 8 PYTC § 6–6–
40 are payable to the Pascua Yaqui
Tribe, and are reasonably necessary and
related to the expense of governmental
administration necessary in maintaining
law and order and public safety, and in
managing, protecting and developing
the natural resources on the
Reservation. It is the legislative intent of
the Tribal Council that all violations of
8 PYTC § 6–6–40, whether committed by
tribal members, non-member Indians, or
non-Indians, shall be considered civil in
nature, rather than criminal.
Section 90
90)
Severability (8 PYTC § 6–5–
If a court of competent jurisdiction
finds any provision of this Ordinance to
be invalid or illegal under applicable
Federal or Tribal law, such provision
shall be severed from the Ordinance and
the remainder of this Ordinance shall
remain in full force and effect.
Section 100 Compliance with 18
U.S.C. 1154(a) and 18 U.S.C. 1161 (8
PYTC § 6–5–100)
The Tribe will comply with 18 U.S.C.
§ 1154(a) and 18 U.S.C. 1161, and other
laws of the United States regarding
distribution of alcohol on the Pascua
Yaqui Reservation, and will comply
with the laws and regulations of the
State of Arizona regarding licenses to
sell alcohol to the extent they are
applicable to the Tribe under 18 U.S.C.
1161, other laws of the United States, or
the laws of the State of Arizona.
Section 110
§ 6–5–110)
Effective Date (8 PYTC
This Ordinance shall be effective on
the THIRTY FIRST DAY AFTER
approval by the Secretary of Interior,
and publication in the Federal Register
as provided by 18 U.S.C. 1161.
Section 120 Sovereign Immunity (8
PYTC § 6–5–120)
Nothing in this Ordinance either
waives or shall be deemed or construed
as a waiver of the sovereign immunity
of the Tribe, nor any of its elected
officials, officers, directors, employees
or governmental enterprises, entities,
departments or components and any
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respective officers, directors or
employees thereof.’’
[FR Doc. 2015–18286 Filed 7–24–15; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[15XL LLIDB00100 LF1000000.HT0000
LXSS024D0000 241A 4500081550]
Notice of Public Meeting: Resource
Advisory Council to the Boise District,
Bureau of Land Management, U. S.
Department of the Interior
Bureau of Land Management.
Notice of Public Meeting.
AGENCY:
ACTION:
In accordance with the
Federal Land Policy and Management
Act (FLPMA) and the Federal Advisory
Committee Act of 1972 (FACA), the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Boise District
Resource Advisory Council (RAC), will
hold a meeting as indicated below.
DATES: The meeting will be held August
19, 2015, at the Boise District Office,
3948 Development Avenue, Boise, Idaho
83705 beginning at 9:00 a.m. and
adjourning at 3:00 p.m. Members of the
public are invited to attend. A public
comment period will be held at 11:00
a.m.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Marsha Buchanan, Supervisory
Administrative Specialist and RAC
Coordinator, BLM Boise District, 3948
Development Ave., Boise, Idaho 83705,
Telephone (208) 384–3364.
SUPPLEMENTARY INFORMATION: The 15member Council advises the Secretary
of the Interior, through the BLM, on a
variety of planning and management
issues associated with public land
management in southwestern Idaho.
During the August meeting the Boise
District Council will receive updates on
the Bruneau Owyhee Sage-grouse
Habitat Project (BOSH) and Tri-State
planning process. New members will be
introduced and the RAC will organize
for the upcoming term, to include
election of Council leadership. BLM
staff will update RAC members on the
travel plan process and upcoming
landscape projects. Agenda items and
location may change due to unforeseen
circumstances. The public may present
written or oral comments to members of
the Council. At each full RAC meeting,
time is provided in the agenda for
hearing public comments. Depending on
the number of persons wishing to
comment and time available, the time
for individual oral comments may be
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]]>Agencies
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44376-44378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18286]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/A0A501010.999900 253G]
Pascua Yaqui Tribe of Arizona--2015 Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Pascua Yaqui Tribe of Arizona's 2015
Liquor Control Ordinance. The ordinance regulates and controls the
possession, sale and consumption of liquor within the Pascua Yaqui
Tribe of Arizona's Indian country. This ordinance allows for the
possession and sale of alcoholic beverages within the jurisdiction of
the Pascua Yaqui Tribe of Arizona, will increase the ability of the
tribal government to control the distribution and possession of liquor
within their Indian country, 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 law is effective August 27, 2015.
FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government
Services Officer, Western Regional Office, Bureau of Indian Affairs,
2600 North Central Avenue, Phoenix, AZ 85004; Phone: (602) 379-6786;
Fax: (602) 379-379-4100, 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. Pascua Yaqui Tribal Council duly
adopted this law by Resolution No. C06-103-15 on June 10, 2015.
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 Pascua Yaqui Tribe of Arizona duly adopted
the 2015 Liquor Control Ordinance 07-15 by Resolution No. C06-103-15 on
June 10, 2015.
Dated: July 21, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Pascua Yaqui Liquor Control Ordinance of 2015 shall read as
follows:
Section 10 Short Title: Codification (8 PYTC Sec. 6-5-10)
(A) This Ordinance is an Ordinance of the Pascua Yaqui Tribe of
Arizona, and shall be known as the Pascua Yaqui Liquor Control
Ordinance of 2015.
(B) This Ordinance shall be codified pursuant to the Pascua Yaqui
Tribe Codification Ordinance as Title 8, Part VI, Chapter 6-5.
Section 20 General (8 PYTC Sec. 6-5-20)
(A) This Ordinance is for the purpose of regulating the sale,
possession and use of alcoholic liquor on the Pascua Yaqui Reservation
and adjacent Trust Lands held by the United States for the benefit of
the Pascua Yaqui Tribe of
[[Page 44377]]
Arizona. The enactment of this Ordinance will enable the Pascua Yaqui
Tribe of Arizona and its Tribal Government to regulate liquor
distribution and possession on the Pascua Yaqui Reservation, as defined
in Subsection 8 PYTC Sec. 6-5-30 (C) below.
(B) Subject to certain limitations, Article VI, Sections 1(l), 1(0)
1(t), and 1(w) of the Constitution of the Pascua Yaqui Tribe of
Arizona, adopted on January 26, 1988 and approved by the Secretary of
the Interior on February 8, 1988 pursuant to Section 16 of the Indian
Reorganization Act of June 18, 1934 (48 Stat. 984), vests the Pascua
Yaqui Tribal Council with legislative and executive authority,
including the authority to adopt this Ordinance.
(C) Jurisdiction. This Ordinance is adopted in accordance with the
18 U.S.C.Sec. 1161, and conforms with all requisite laws of the State
of Arizona in accordance with the requirements of 18 U.S.C.Sec. 1161.
Section 30 Definitions (8 PYTC Sec. 6-5-30)
To the extent that definitions are consistent with tribal or
federal laws, terms used herein shall have the same meaning as defined
in Arizona Revised Statutes (``ARS'') Title 4, and as defined in
Administrative Rules of the Arizona Department of Liquor Licenses and
Control to administer ARS, Title 4.
(A) ``Alcoholic Liquor'' shall mean any alcoholic beverage
containing more than one-half of one percent alcohol by volume, and
every liquid or solid, patented or not, containing alcohol and capable
of being consumed by a human being.
(B) ``Land Assignment'' means a Land Assignment as defined in the
Pascua Yaqui Tribal Code.
(C) ``Pascua Yaqui Reservation'' shall mean all lands held in trust
by the United States for the Pascua Yaqui Tribe of Arizona or its
members. It also includes any roads or rights-of-way located within the
external boundaries of the Pascua Yaqui Reservation.
(D) Whenever the words ``sell'' or ``to sell'' refer to anything
forbidden by this Chapter and related to alcoholic liquor, they
include:
(1) To solicit or receive and order;
(2) To keep or expose for sale;
(3) To deliver for value or in any way other than purely
gratuitously;
(4) To peddle;
(5) To keep with intent to sell;
(6) To traffic in;
(7) To engage in a transaction for any consideration or promise
obtained directly or indirectly under any pretext or by any means or to
procure or allow to be procured for any other person;
(8) The word ``sale'' includes every act of selling as defined in
this Subsection (D) of Section 8 PYTC Sec. 6-5-30;
(9) The word ``person'' includes a human being or any entity that
is recognized by law as having the rights and/or duties of a human
being.
(E) ``Tribal'' refers to the Pascua Yaqui Tribe of Arizona.
(F) ``Tribe'' shall mean the Pascua Yaqui Tribe of Arizona.
Section 40 Civil Violation (8 PYTC Sec. 6-6-40)
Any of the following shall be a civil violation in prosecutable in
the Pascua Yaqui Tribal Court under this Ordinance:
(A) For any person to sell, trade or manufacture any alcoholic
liquor on the Pascua Yaqui Reservation, except as provided for in this
Ordinance.
(B) For any business establishment or person on the Pascua Yaqui
Reservation to possess, transport or keep with intent to sell, barter
or trade to another, any liquor, except for those commercial liquor
establishments on the Pascua Yaqui Reservation licensed by the Arizona
Department of Liquor Licenses and Control and approved by the Pascua
Yaqui Tribal Council by resolution, provided however that a person may
transport liquor from a licensed establishment consistent with the
terms of the license.
(C) For any person to consume alcoholic liquor on a public road on
the Pascua Yaqui Reservation.
(D) For any person to publicly consume any alcoholic liquor at any
community function, or at or near any place of business, celebration
grounds, recreational areas, including ballparks, Tribal government
facilities, and any other public area where minors gather for meetings
or recreation, except within a licensed establishment where alcohol is
sold.
(E) For any person under the age of 21 years to buy, attempt to buy
or to misrepresent their age in attempting to buy alcoholic liquor.
(F) For any person under the age of 21 years to transport, possess
or consume any alcoholic liquor on the Pascua Yaqui Reservation, or to
be under the influence of alcohol or to be at an established commercial
liquor establishment, except as authorized under this Ordinance.
(G) For any person to sell or furnish alcoholic liquor to any
person under 21 years of age.
(H) For alcoholic liquor to be given as a prize, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
Section 50 Criminal Violations (8 PYTC Sec. 6-5-50)
(A) Except as set forth in subsections (B), (C), and (D) below, it
shall be a violation of 18 U.S.C. Sec. 1154(a) for any person not
having a license issued by the State of Arizona for the sale alcohol on
the Pascua Yaqui Reservation to sell or distribute alcohol on the
Pascua Yaqui Reservation, and the criminal penalties therefore shall be
as established in 18 U.S.C. Sec. 1154(a).
(B) It shall be permissible, and shall not be a criminal violation
of 18 U.S.C. Sec. 1154(a), for a person who is 21 years of age or
older to distribute, but not sell, alcohol to any other person 21 years
of age or older, who are both lawfully present on a residential Land
Assignment of the Pascua Yaqui Tribe with the consent of the Land
Assignment holder.
(C) It shall be permissible, and shall not be a criminal violation
of 18 U.S.C. Sec. 1154(a), for a person who is 21 years of age or
older to distribute, but not sell, alcohol to any other person 21 years
of age or older, who are both lawfully present at a rental residence,
or its surrounding land, owned by the Pascua Yaqui Tribe with the
consent of the authorized tenant.
(D) It shall be permissible, and shall not be a criminal violation
of 18 U.S.C. Sec. 1154(a), for a person or entity having a liquor
license issued by the State of Arizona for sale of liquor on the Pascua
Yaqui Reservation, or for any employee of a person or entity having a
liquor license issued by the State of Arizona for sale of liquor on the
Pascua Yaqui Reservation, to sell or distribute alcohol on the Pascua
Yaqui Reservation.
Section 60 Licensing Procedure (8 PYTC Sec. 6-5-60)
(A) Requests, issuances of, and renewals of, licenses under this
Ordinance shall be made to the State of Arizona in accordance with the
standards set forth by the State of Arizona in ARS Title 4 and the
regulations established by the Arizona Liquor License Control Board to
administer ARS Title 4.
(B) The Pascua Yaqui Tribal Council shall be the ``local governing
body,'' as set out in ARS Sec. 4-201, for license applications,
issuances, and renewals for locations on the Pascua Yaqui Reservation.
(C) Licensees shall not conduct operations under those licenses,
nor activities related thereto, on Tribal Land Assignments or rental
properties, which are reserved for residential purposes only.
(D) Licenses may be terminated by the Arizona Department of Liquor
Licenses
[[Page 44378]]
and Control and/or Arizona Liquor License Control Board in accordance
with their respective laws, regulations, policies and procedures. The
laws, rules and regulations of the Arizona Department of Liquor
Licenses and Control and/or the Arizona Liquor License Control Board
with regard to liquor license enforcement, review, and revocation
proceedings shall be applicable to Liquor Licenses on the Pascua Yaqui
Reservation.
Section 70 Warning Signs Required (8 PYTC Sec. 6-5-70)
Licensees on the Pascua Yaqui Reservation shall comply with the
requirements of ARS Sec. 4-261, and shall post the signs required by
that section in accordance with the requirements of that section.
Section 80 Jurisdiction & Violations of this Ordinance (8 PYTC Sec. 6-
5-80)
(A) The Pascua Yaqui Tribal Court shall have exclusive jurisdiction
over enforcement of all provision of this Ordinance, except for
violations of 8 PYTC Sec. 6-5-50 (A) committed by non-Indians. This
shall not preclude any of the United States of America, the Arizona
Department of Liquor Licenses and Control and/or the Arizona Liquor
License Control Board from administering and enforcing their respective
laws, regulations, policies and procedures, including, but not limited
to, unlawful distribution of alcohol, licensing requirements, the
issuance of liquor licenses, liquor license violations, licensee
disciplinary proceedings, and license revocation proceedings.
(B) Any person present on the Pascua Yaqui Reservation shall be
deemed to have consented to the civil jurisdiction of the Pascua Yaqui
Tribal Court, and any Indian present on the Pascua Yaqui Reservation
shall be deemed to have consented to criminal jurisdiction of the
Pascua Yaqui Tribal Court, and may be subject to a civil or criminal
penalty as applicable in the Pascua Yaqui Tribal Court for a civil or
criminal violations of this Ordinance. The Indian Civil Rights Act
shall be applicable to Indians charged with criminal violations of this
Ordinance.
(C) For any violation of 8 PYTC Sec. 6-6-40 the Pascua Yaqui
Tribal Court may impose a civil penalty in an amount not to exceed
$1,000 per violation.
(D) The Pascua Yaqui Prosecutor's Office shall bring enforcement
actions of alleged violations of 8 PYTC Sec. 6-6-40.
(E) The burden of proof for alleged violations of 8 PYTC Sec. 6-6-
40 shall be a preponderance of the evidence.
(F) There shall be no right of jury trial or court-appointed legal
counsel for alleged violations of 8 PYTC Sec. 6-6-40.
(G) Alleged violations of 8 PYTC Sec. 6-6-40 above may be brought
jointly with a criminal violation of Pascua Yaqui Tribal law, or may be
brought separately.
(H) The Tribal Council hereby specifically finds that civil
penalties imposed for violations of 8 PYTC Sec. 6-6-40 are payable to
the Pascua Yaqui Tribe, and are reasonably necessary and related to the
expense of governmental administration necessary in maintaining law and
order and public safety, and in managing, protecting and developing the
natural resources on the Reservation. It is the legislative intent of
the Tribal Council that all violations of 8 PYTC Sec. 6-6-40, whether
committed by tribal members, non-member Indians, or non-Indians, shall
be considered civil in nature, rather than criminal.
Section 90 Severability (8 PYTC Sec. 6-5-90)
If a court of competent jurisdiction finds any provision of this
Ordinance to be invalid or illegal under applicable Federal or Tribal
law, such provision shall be severed from the Ordinance and the
remainder of this Ordinance shall remain in full force and effect.
Section 100 Compliance with 18 U.S.C. 1154(a) and 18 U.S.C. 1161 (8
PYTC Sec. 6-5-100)
The Tribe will comply with 18 U.S.C. Sec. 1154(a) and 18 U.S.C.
1161, and other laws of the United States regarding distribution of
alcohol on the Pascua Yaqui Reservation, and will comply with the laws
and regulations of the State of Arizona regarding licenses to sell
alcohol to the extent they are applicable to the Tribe under 18 U.S.C.
1161, other laws of the United States, or the laws of the State of
Arizona.
Section 110 Effective Date (8 PYTC Sec. 6-5-110)
This Ordinance shall be effective on the THIRTY FIRST DAY AFTER
approval by the Secretary of Interior, and publication in the Federal
Register as provided by 18 U.S.C. 1161.
Section 120 Sovereign Immunity (8 PYTC Sec. 6-5-120)
Nothing in this Ordinance either waives or shall be deemed or
construed as a waiver of the sovereign immunity of the Tribe, nor any
of its elected officials, officers, directors, employees or
governmental enterprises, entities, departments or components and any
respective officers, directors or employees thereof.''
[FR Doc. 2015-18286 Filed 7-24-15; 8:45 am]
BILLING CODE 4337-15-P
