Enterprise Rancheria of Maidu Indians of California Liquor Control Statute, 77369-77371 [2015-31313]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 80, Number 239 (Monday, December 14, 2015)]
[Notices]
[Pages 77369-77371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31313]



[[Page 77369]]

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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900.253G]


Enterprise Rancheria of Maidu Indians of California Liquor 
Control Statute

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the liquor control ordinance of the 
Enterprise Rancheria of Maidu Indians of California. The liquor control 
statute regulates and controls the possession, sale, manufacture, and 
distribution of alcohol in conformity with the laws of the State of 
California.

DATES: This code shall become effective December 14, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Harley Long, Tribal Government 
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Sacramento, California 95825, Telephone: (916) 978-6000, 
Fax: (916) 978-6099; or Ms. 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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. The Enterprise Rancheria of 
Maidu Indians of California Tribal Council duly adopted the Enterprise 
Rancheria of Maidu Indians of California Liquor Control Statute on 
April 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 Enterprise Rancheria of Maidu Indians of 
California Tribal Council duly adopted by Resolution the Enterprise 
Rancheria of Maidu Indians of California Liquor Control Statute by 
Resolution No. 15-05 on April 10, 2015.

    Dated: December 3, 2015.
Kevin Washburn,
Assistant Secretary--Indian Affairs.

Enterprise Rancheria of Maidu Indians of California Liquor Control 
Statue shall read as follows:

ARTICLE ONE

INTRODUCTION

Section 1. Authority
    This Statute is enacted pursuant to the Act of August 15, 1953 
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in 
the Tribal Council of the Estom Yumeka Maidu Tribe of the Enterprise 
Rancheria (``Tribal Council'') to develop, adopt and enforce statutes 
as authorized under Article VI, Section 3 of the Constitution of the 
Enterprise Rancheria--Estom Yumeka Maidu, approved May 5, 1996 and 
revised as of October 29, 2003.
Section 2. Purpose
    The purpose of this Statute is to regulate and control the 
possession, sale, manufacture and distribution of liquor within Tribal 
Trust Lands, in order to permit alcohol sales by tribally owned and 
operated enterprises and private lessees, and at tribally approved 
special events. Enactment of a liquor control statute will help provide 
a source of revenue for the continued operation of the tribal 
government, the delivery of governmental services, and the economic 
viability of tribal enterprises.
Section 3. Short Title
    This Statute shall be known and cited as the ``Liquor Control 
Statute.''
Section 4. Jurisdiction
    This Statute shall apply to all lands now or in the future under 
the governmental authority of the Tribe, including Tribal Trust Lands.
Section 5. Application of 18 U.S.C. 1161
    By adopting this Statute, the Tribe hereby regulates the sale, 
manufacturing, distribution, and consumption of liquor while ensuring 
that such activity conforms with all applicable laws of the State of 
California as required by 18 U.S.C. 1161 and the United States.
Section 6. Declaration of Public Policy; Findings
    The Tribal Council enacts this Statute, based upon the following 
findings:
    (a) The distribution, possession, consumption and sale of liquor on 
the Tribe's Reservation is a matter of special concern to the Tribe.
    (b) The Tribe is the beneficial owner of Tribal Trust Lands, upon a 
portion of which the Tribe plans to construct and operate a gaming 
facility and related entertainment and lodging facilities.
    (c) The Tribe's gaming facility will serve as an integral and 
indispensable part of the Tribe's economy, providing revenue to the 
Tribe's government and employment to tribal citizens and others in the 
local community.
    (d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently 
prohibits the introduction of liquor into Indian country, except in 
accordance with State law and the duly enacted law of the Tribe.
    (e) The Tribe recognizes the need for strict control and regulation 
of liquor transactions on Tribal Trust Lands because of potential 
problems associated with the unregulated or inadequate regulated sale, 
possession, distribution, and consumption of liquor.
    (f) Regulating the possession, sale, distribution and manufacture 
of liquor within Tribal Trust Lands is also consistent with the Tribe's 
interest in ensuring the peace, safety, health, and general welfare of 
the Tribe and its citizens.
(g) Tribal control and regulation of liquor on Tribal Trust Lands is 
consistent with the Tribe's custom and tradition of controlling the 
possession and consumption of liquor on tribal lands and at tribal 
events.
(h) The purchase, distribution, and sale of liquor on Tribal Trust 
Lands shall take place only at duly licensed (i) tribally owned 
enterprises, (ii) other enterprises operating pursuant to a lease with 
the Tribe, and (iii) tribally-sanctioned events.
(i) The sale or other commercial manufacture or distribution of liquor 
on Tribal Trust Lands, other than sales, manufacture, and distributions 
made in strict compliance with this Statute, is detrimental to the 
health, safety, and general welfare of the citizens of the Tribe, and 
is prohibited.

ARTICLE TWO

DEFINITIONS

Section 1. Definitions
    As used in this Statute, the terms below are defined as follows:
    (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit 
of wine, in any form, and regardless of source or the process used for 
its production.
    (b) Alcoholic beverage means all alcohol, spirits, liquor, wine, 
beer and any liquid or solid containing alcohol, spirits, liquor, wine, 
or beer, and which contains one-half of one percent or more of alcohol 
by volume and that is fit for human consumption, either alone or when 
diluted, mixed, or combined with any other substance(s).
    (c) Compact means a Tribal-State compact between the State and the 
Tribe that governs the conduct of class III gaming activities on that 
portion of

[[Page 77370]]

the Tribal Trust Lands recognized as ``Indian lands'' pursuant to the 
Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq., or such other 
procedures prescribed by the Secretary under the Act pursuant to 25 
U.S.C. 2710(d)(7)(B)(vii).
    (d) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Statute.
    (e) Liquor means any alcoholic beverage, as defined under this 
Section.
    (f) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
corporation, partnership, joint corporation, association, society, or 
any group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, non-profit or otherwise, and any other Indian tribe, band or 
group. The term shall also include the businesses of the Tribe.
    (g) Sale and sell means the transfer for consideration of any kind, 
including by exchange or barter.
    (h) Secretary means the Secretary of the United States Department 
of the Interior.
    (i) State means the State of California.
    (j) Tribal Trust Lands means and includes all lands held by the 
United States in trust for the Tribe now or in the future.
    (k) Tribe means the Estom Yumeka Maidu Tribe of the Enterprise 
Rancheria, a federally recognized Indian tribe, listed in the Federal 
Register as ``Enterprise Rancheria of Maidu Indians of California.''

ARTICLE THREE

LIQUOR SALES, POSSESSION, & MANUFACTURE

Section 1. Possession of Alcohol
    The introduction and possession of alcoholic beverages shall be 
lawful within Tribal Trust Lands; provided that such introduction or 
possession is in conformity with the laws of the State.
Section 2. Retail Sales of Alcohol
    The sale of alcoholic beverages shall be lawful within Tribal Trust 
Lands; provided that such sales are in conformity with the laws of the 
State and are made pursuant to a license issued by the Tribe.
Section 3. Manufacture of Alcohol
    The manufacture of beer and wine shall be lawful within Tribal 
Trust Lands, provided that such manufacture is in conformity with the 
laws of the State and pursuant to a license issued by the Tribe.
Section 4. Age Limits
    The legal age for possession or consumption of alcohol within 
Tribal Trust Lands shall be the same as that of the State, which is 
currently 21 years. No person under the age of 21 years shall purchase, 
possess or consume any alcoholic beverage. If there is any conflict 
between State law and the terms of the Compact, if any, regarding the 
age limits for alcohol possession or consumption, the age limits in the 
Compact shall govern for purposes of this Statute.

ARTICLE FOUR

LICENSING

Section 1. Licensing
    The Tribal Council shall have the power to establish procedures and 
standards for tribal licensing of liquor sales within Tribal Trust 
Lands, including the setting of a license fee schedule, and shall have 
the power to publish and enforce such standards; provided that no 
tribal license shall issue except upon showing of satisfactory proof 
that the applicant is duly licensed by the State. The fact that an 
applicant for a tribal license possesses a license issued by the State 
shall not provide the applicant with an entitlement to a tribal 
license. The Tribal Council may in its discretion set standards which 
are more, but in no case less, stringent than those of the State.

ARTICLE FIVE

ENFORCEMENT

Section 1. Enforcement
    The Tribal Council shall have the power to develop, enact, 
promulgate and enforce regulations as necessary for the enforcement of 
this Statute and to protect the public health, welfare and safety of 
the Tribe, provided that all such regulations shall conform to and not 
be in conflict with any applicable tribal, federal or state law. 
Regulations enacted pursuant to this Statute may include provisions for 
suspension or revocation of tribal liquor licenses, reasonable search 
and seizure provisions, and civil and criminal penalties for violations 
of this Statute to the full extent permitted by federal law and 
consistent with due process.
    Tribal law enforcement personnel and security personnel duly 
authorized by the Tribal Council shall have the authority to enforce 
this Statute by confiscating any liquor sold, possessed, distributed, 
manufactured or introduced within Tribal Trust Lands in violation of 
this Statute or of any regulations duly adopted pursuant to this 
Statute.
    The Tribal Council shall have the exclusive jurisdiction to hold 
hearings on violations of this Statute and any procedures or 
regulations adopted pursuant to this Statute; to promulgate appropriate 
procedures governing such hearings; to determine and enforce penalties 
or damages for violations of this Statute; and to delegate to a 
subordinate hearing officer or panel the authority to take any or all 
of the foregoing actions on its behalf.

ARTICLE SIX

TAXES

Section 1. Taxation
    Nothing contained in this Statute is intended to, nor does in any 
way, limit or restrict the Tribe's ability to impose any tax upon the 
sale or consumption of alcohol. The Tribe retains the right to impose 
such taxes by appropriate statute to the full extent permitted by 
federal law.

ARTICLE SEVEN

MISCELLANEOUS PROVISIONS

Section 1. Sovereign Immunity Preserved
    Nothing contained in this Statute is intended to, nor does in any 
way, limit, alter, restrict, or waive the sovereign immunity of the 
Tribe or any of its agencies, agents or officials from unconsented suit 
or action of any kind.
Section 2. Conformance with Applicable Laws
    All acts and transactions under this Statute shall be in conformity 
with the Compact, if any, and laws of the State to the extent required 
by 18 U.S.C. 1161 and with all Federal laws regarding alcohol in Indian 
Country.
Section 3. Effective Date
    This Statute shall be effective as of the date on which the 
Secretary certifies this Statute and publishes the same in the Federal 
Register.
Section 4. Repeal of Prior Acts
    All prior enactments of the Tribal Council, including tribal 
resolutions, policies, regulations, or statutes pertaining to the 
subject matter set forth in this Statute are hereby rescinded.
Section 5. Amendments
    This Statute may only be amended pursuant to an amendment duly 
enacted by the Tribal Council and certification by the Secretary and 
publication in the Federal Register, if required.

[[Page 77371]]

Section 6. Severability and Savings Clause
    If any part or provision of this Statute is held invalid, void, or 
unenforceable by a court of competent jurisdiction, such adjudication 
shall not be held to render such provisions inapplicable to other 
persons or circumstances. Further, the remainder of the Statute shall 
not be affected and shall continue to remain in full force and effect.

[FR Doc. 2015-31313 Filed 12-11-15; 8:45 am]
 BILLING CODE 4337-15-P