Stillaguamish Tribe of Indians-Amendment to Liquor Control Ordinance, 1198-1200 [2016-334]
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
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ADDRESSES:
I. Abstract
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systems, meeting GPEA requirements.
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OMB Control Number: 1028–0103.
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III. Request for Comments
We again invite comments concerning
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Jake Weltzin,
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and Executive Director, USA National
Phenology Network.
[FR Doc. 2016–266 Filed 1–8–16; 8:45 am]
BILLING CODE 4338–11–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/
A0A501010.999900]
Stillaguamish Tribe of Indians—
Amendment to Liquor Control
Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Stillaguamish Tribe of Indians Liquor
Control Ordinance. The ordinance
allows the Tribe to manufacture beer,
and allows for the sale, distribution, and
tribal taxation of beer within the
jurisdiction of the Stillaguamish Tribe
of Indians. This Ordinance repeals and
replaces the previous liquor control
ordinance published in the Federal
Register on June 12, 2012 (77 FR 34982).
DATES: This ordinance is effective
January 11, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Gregory Norton, Tribal Government
SUMMARY:
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Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
Officer, Northwest Regional Office,
Bureau of Indian Affairs, 911 NE 11th
Avenue, Portland, OR 97232;
Telephone: (503) 231–6702; Fax: (503)
231–2201, 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
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Stillaguamish Tribe of Indians duly
adopted Resolution Number 2015/099
on May 28, 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 Stillaguamish Tribe of
Indians duly adopted this amendment
to the Stillaguamish Tribe of Indians
Liquor Ordinance by Resolution
Number 2015/099 on May 28, 2015.
Dated: December 21, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
SUBCHAPTER 600
STILLAGUAMISH TRIBE OF INDIANS
LIQUOR CONTROL ORDINANCE
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GENERAL PROVISIONS
3.06.600 General Purpose
The Stillaguamish Tribe of Indians
(Tribe) has a significant interest in
protecting the health, safety and general
welfare of its members, the residents
within the Tribe’s Indian Country and
those persons and businesses doing
business on and/or visiting the Tribe’s
Indian Country. The purpose of the
Ordinance is to exercise the Tribe’s
jurisdiction to regulate the sale,
manufacturing, distribution, and
taxation of liquor within the Tribe’s
Indian Country in conformity with any
compact between the Tribe and the
State of Washington, Article 10 of the
Treaty of Point Elliott of 1855, 12 Stat.
927, to which the Tribe is a party, and
in conformity with 18 U.S.C. 1161, and
to raise revenues to fund health, safety
and general welfare programs and
services provided to Tribal members
and residents of and visitors to land
within the Tribe’s territorial
jurisdiction.
The authority to protect the Tribe as
a sovereign political entity and to adopt
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Jkt 238001
the Ordinance codified herein is vested
in the Stillaguamish Tribe of Indians,
Board of Directors under Article III and
Article V, Sec. 1 of the Constitution,
which Board has enumerated authority
under Article V, Sec. 1 (a) to enact a
comprehensive law and order code
which provides for tribal civil and
criminal jurisdiction; under Article V
Sec. 1(b) to administer the affairs and
assets of the Tribe, including tribal
lands and funds; under Article V,
Section 1(d) to provide for taxes,
assessments, permits and license fees
upon members and non-members
within the Tribe’s jurisdiction; and
under Article V Sec. l(h), to exercise
other necessary powers to fulfill the
Board’s obligations, responsibilities and
purposes as the governing body of the
Tribe; and in the inherent sovereignty of
the Stillaguamish Tribe of Indians to
regulate its own territory and activities
therein.
The need exists for strict tribal
regulation and control over liquor
distribution, manufacturing, sales and
taxation within the Tribe’s Indian
Country. Therefore, in the public
interest and for the welfare of the people
of the Stillaguamish Tribe of Indians, its
employees, the residents of and visitors
to Indian Country, the Stillaguamish
Board of Directors, in the exercise of its
authority under the Tribe’s Constitution,
declares its purpose by the provisions of
this Subchapter to regulate the sale,
manufacturing and distribution of
liquor.
3.06.601 Scope
(1) This Subchapter shall apply to the
full extent of the sovereign jurisdiction
of the Tribe.
(2) Compliance with this Subchapter
is hereby made a condition of the use
of any land or premises within the
Tribe’s Indian Country.
(3) Any person who resides, conducts
business, engages in a business
transaction, receives benefits from the
Tribe, acts under tribal authority, or
enters the Tribe’s Indian Country shall
be deemed to have consented to the
following:
(a) To be bound by the terms of this
Subchapter;
(b) To the exercise of the exclusive
jurisdiction of the Stillaguamish tribal
Court for legal actions arising pursuant
to this Subchapter; and
(c) To detainment, service of
summons and process, and search and
seizure, in conjunction with legal
actions arising pursuant to this
Subchapter.
(4) No portion of this Ordinance and
Subchapter shall be construed as
contrary to Federal law.
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Fmt 4703
Sfmt 4703
1199
3.06.602 Repeal of Prior Liquor
Control Laws
(1) All ordinances and resolutions of
the Tribe regulating, authorizing,
prohibiting or in any way dealing with
the sale of liquor heretofore enacted or
now in effect are hereby repealed and
are declared to be of no further force
and effect, with the exception of the
provisions of the Stillaguamish Tribe of
Indians Law and Order Code, including
but not limited to the provisions of
Chapter 8.40, Alcohol-Related Offenses.
(2) The provisions of this Subchapter
shall be prospective only from the date
of its effectiveness. Nothing contained
herein shall be deemed to revoke any
presently existing valid license or
permit or renewal thereof previously
issued by the Washington State Liquor
Control Board or the exercise of
privilege given thereunder to any
retailer subject to the provisions of this
Subchapter.
3.06.603
Definitions
All definitions of the Taxation Code
Section 3.06.201 apply herein unless the
terms are otherwise defined in this
Subchapter. For purposes of this
Subchapter, whenever any of the
following words, terms or definitions is
used herein, they shall have the
meaning ascribed to them in this
Subchapter:
(1) ‘‘Brewer’’ or ‘‘brewery’’ means any
person engaged in the business of
manufacturing beer and malt liquor and
as such terms are further defined in the
Revised Code of Washington in RCW
66.04.010.
(2) ‘‘Indian Country,’’ consistent with
the meaning given in 18 U.S.C. 1151
means: (a) all land within the limits of
the Stillaguamish Indian Reservation
under the jurisdiction of the United
States government, notwithstanding the
issuance of any patent, and, including
rights of way running through the
reservation; and (b) all Indian
allotments or other lands held in trust
for the Tribe or a member of the Tribe,
including rights of way running through
the same.
(3) ‘‘Liquor’’ means the four varieties
of liquor (alcohol, spirits, wine, and
beer), and 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 as such term and the four varieties
thereof are further defined in the
Revised Code of Washington in RCW
66.04.010.
(4) ‘‘Malt beverage’’ or ‘‘malt liquor’’
means any beverage such as beer, ale,
lager beer, stout, and porter obtained by
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11JAN1
1200
Federal Register / Vol. 81, No. 6 / Monday, January 11, 2016 / Notices
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 containing not more than
eight percent of alcohol by weight, and
not less than one-half of one percent of
alcohol by volume. For purposes this
Subchapter, any such beverage
containing more than eight percent of
alcohol by weight shall be referred to as
‘‘strong beer.’’
(5) ‘‘Manufacturer’’ means a person
engaged in the preparation and
manufacturing of liquor for sale, in any
form whatsoever.
(6) ‘‘Sale’’ and ‘‘sell’’ means the same
as such terms are defined in the Revised
Code of Washington in RCW 66.04.010.
(7) ‘‘Tribal retailer’’ means a liquor
retailer wholly owned by the
Stillaguamish Tribe of Indians and
located in Indian Country.
(8) ‘‘Tribally-licensed retailer’’ means
a person who has a business license
from the Tribe to sell liquor at retail
from a business located in Indian
Country.
3.06.604 Stillaguamish Tax
Commission
The Board hereby authorizes the Tax
Commission of the Stillaguamish Tribe
of Indians to administer this
Subchapter, including general control,
management and supervision of all
liquor sales, manufacturing, and
distribution, places of sale and sales
outlets, and to exercise all of the powers
and accomplish all of the purposes
thereof as hereinafter set forth any do
the following acts and things for and on
behalf of and in the name of the Tribe:
(1) Adopting and enforcing rules and
regulations for the purpose of carrying
into effect the provisions of this
Subchapter the performance of its
functions;
(2) Collecting, auditing and issuing
fees, licenses, taxes and permits; and
(3) Performing all matters and things
incidental to and necessary to conduct
its business and carry out its duties and
functions under this Subchapter.
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LICENSE REQUIRED
3.06.610 License Required of Tribal
Retailers and Tribally-licensed
Retailers
Every person engaging in the business
of selling, manufacturing, or distributing
liquor within the Tribe’s Indian
Country, including but not limited to a
brewery, shall secure a business license
from the Tribe in the manner provided
for by Subchapter 100 of this Title
(‘‘Business Licenses’’) and otherwise
comply with all provisions of
Subchapter 100.
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3.06.611 Prohibitions
(1) The manufacture, purchase, sale,
and dealing in liquor within Tribe’s
Indian Country by any person, party,
firm, or corporation except pursuant to
the control, licensing, and regulation of
the Stillaguamish Tax Commission, is
hereby declared unlawful. Without
limitation as to any other penalties and
fines that may apply, any violation of
this subsection is an infraction
punishable by a fine of up to five
hundred dollars ($500.00).
(2) Every person engaging in the
business of manufacturing, distributing
or selling liquor within the Tribe’s
Indian Country shall comply with the
provisions of Chapter 8.40, AlcoholRelated Offenses, of the Stillaguamish
Tribe of Indians Law and Order Code,
the provisions of which are re-affirmed
and are specifically incorporated herein
by this reference. Any violation of this
subsection is punishable pursuant to the
penalty provisions of Chapter 8.40,
Alcohol-Related Offenses of the
Stillaguamish Tribe of Indians Law and
Order Code.
3.06.612 Conformity with State Law
as Required
Tribal retailers and tribally-licensed
retailers shall comply with any
applicable Washington State liquor law
standards to the extent required by 18
U.S.C. 1161 and the Agreement Between
the Washington State Liquor Control
Board and the Stillaguamish Indian
Tribe for Purchase and Resale of Liquor
in Indian Country (‘‘Agreement’’), if
any. To the extent provisions of this
Subchapter conflict with the Agreement,
the terms of the Agreement control.
Nondiscrimination
No provision of this Subchapter shall
be construed as imposing a regulation or
tax that discriminates on the basis of
whether a retail liquor establishment is
owned, managed or operated by a
member of the Tribe.
3.06.632
Effective Date
This Subchapter shall be and become
effective upon publication by the United
States Department of the Interior’s
certification in the Federal Register.
3.06.633
Sovereign Immunity
Nothing in this Subchapter shall be
construed as a waiver or limitation of
the inherent sovereign immunity of the
Tribe.
Ordinance 2008/060 enacting this
Title 3, Chapter 6 took effect on April
30, 2008, at 6:00 p.m. upon the approval
of its provisions by the Board of
Directors of the Stillaguamish Tribe of
Indians, which date was April 28, 2008.
Title 3, Chapter 6 of the Tribe’s Law and
Order Code was repealed and replaced
with this Title, as amended by
resolution 2011/048, enacted by the
Board of Directors of the Stillaguamish
Tribe of Indians on April 14, 2011, as
amended by resolution 2012/146 dated
September 27, 2012, as amended by
resolution 2015/099 dated May 28,
2015.
BILLING CODE 4337–15–P
3.06.620 Tribal Liquor Tax
The Tribe expressly reserves its
inherent sovereign right to regulate the
use and sale of liquor through the
imposition of tribal taxes thereon. The
Board hereby authorizes and expressly
reserves its authority to impose a tribal
Liquor Tax on sales of all alcoholic
beverages, including packaged and retail
sales of liquor, wine, and beer, at a rate
determined to be fair and equitable by
the Board through independent action.
3.06.621 Liquor Sales Not Subject to
Tribal Retail Sales Tax
The Tribe’s Retail Sales Tax shall not
apply to retail sales of liquor.
ADMINISTRATION
3.06.630 Severability
If any section, provision, phrase,
addition, word, sentence or amendment
of this Subchapter or its application to
Frm 00038
3.06.631
[FR Doc. 2016–334 Filed 1–8–16; 8:45 am]
TAXATION
PO 00000
any person is held invalid, such
invalidity shall not affect the other
provisions or applications of this
Subchapter that can be given effect
without the invalid application, and to
that end the provisions of this
Subchapter are declared severable.
Fmt 4703
Sfmt 4703
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/
A0A501010.999900]
Sovereignty in Indian Education
Bureau of Indian Affairs,
Interior.
ACTION: Notice of availability and
request for proposals; extension of
deadline.
AGENCY:
The Bureau of Indian
Education (BIE) previously announced
the availability of enhancement funds to
Tribes and their Tribal education
departments (TEDs) to promote Tribal
control and operation of BIE-funded
schools on their reservations. This
notice extends the deadline for Tribes
SUMMARY:
E:\FR\FM\11JAN1.SGM
11JAN1
]]>Agencies
[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1198-1200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-334]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[167 A2100DD/AAKC001030/A0A501010.999900]
Stillaguamish Tribe of Indians--Amendment to Liquor Control
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Stillaguamish Tribe of Indians
Liquor Control Ordinance. The ordinance allows the Tribe to manufacture
beer, and allows for the sale, distribution, and tribal taxation of
beer within the jurisdiction of the Stillaguamish Tribe of Indians.
This Ordinance repeals and replaces the previous liquor control
ordinance published in the Federal Register on June 12, 2012 (77 FR
34982).
DATES: This ordinance is effective January 11, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Gregory Norton, Tribal Government
[[Page 1199]]
Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE
11th Avenue, Portland, OR 97232; Telephone: (503) 231-6702; Fax: (503)
231-2201, 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 ordinances for the purpose of regulating liquor
transactions in Indian country. The Stillaguamish Tribe of Indians duly
adopted Resolution Number 2015/099 on May 28, 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 Stillaguamish Tribe of Indians duly adopted
this amendment to the Stillaguamish Tribe of Indians Liquor Ordinance
by Resolution Number 2015/099 on May 28, 2015.
Dated: December 21, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
SUBCHAPTER 600
STILLAGUAMISH TRIBE OF INDIANS LIQUOR CONTROL ORDINANCE
GENERAL PROVISIONS
3.06.600 General Purpose
The Stillaguamish Tribe of Indians (Tribe) has a significant
interest in protecting the health, safety and general welfare of its
members, the residents within the Tribe's Indian Country and those
persons and businesses doing business on and/or visiting the Tribe's
Indian Country. The purpose of the Ordinance is to exercise the Tribe's
jurisdiction to regulate the sale, manufacturing, distribution, and
taxation of liquor within the Tribe's Indian Country in conformity with
any compact between the Tribe and the State of Washington, Article 10
of the Treaty of Point Elliott of 1855, 12 Stat. 927, to which the
Tribe is a party, and in conformity with 18 U.S.C. 1161, and to raise
revenues to fund health, safety and general welfare programs and
services provided to Tribal members and residents of and visitors to
land within the Tribe's territorial jurisdiction.
The authority to protect the Tribe as a sovereign political entity
and to adopt the Ordinance codified herein is vested in the
Stillaguamish Tribe of Indians, Board of Directors under Article III
and Article V, Sec. 1 of the Constitution, which Board has enumerated
authority under Article V, Sec. 1 (a) to enact a comprehensive law and
order code which provides for tribal civil and criminal jurisdiction;
under Article V Sec. 1(b) to administer the affairs and assets of the
Tribe, including tribal lands and funds; under Article V, Section 1(d)
to provide for taxes, assessments, permits and license fees upon
members and non-members within the Tribe's jurisdiction; and under
Article V Sec. l(h), to exercise other necessary powers to fulfill the
Board's obligations, responsibilities and purposes as the governing
body of the Tribe; and in the inherent sovereignty of the Stillaguamish
Tribe of Indians to regulate its own territory and activities therein.
The need exists for strict tribal regulation and control over
liquor distribution, manufacturing, sales and taxation within the
Tribe's Indian Country. Therefore, in the public interest and for the
welfare of the people of the Stillaguamish Tribe of Indians, its
employees, the residents of and visitors to Indian Country, the
Stillaguamish Board of Directors, in the exercise of its authority
under the Tribe's Constitution, declares its purpose by the provisions
of this Subchapter to regulate the sale, manufacturing and distribution
of liquor.
3.06.601 Scope
(1) This Subchapter shall apply to the full extent of the sovereign
jurisdiction of the Tribe.
(2) Compliance with this Subchapter is hereby made a condition of
the use of any land or premises within the Tribe's Indian Country.
(3) Any person who resides, conducts business, engages in a
business transaction, receives benefits from the Tribe, acts under
tribal authority, or enters the Tribe's Indian Country shall be deemed
to have consented to the following:
(a) To be bound by the terms of this Subchapter;
(b) To the exercise of the exclusive jurisdiction of the
Stillaguamish tribal Court for legal actions arising pursuant to this
Subchapter; and
(c) To detainment, service of summons and process, and search and
seizure, in conjunction with legal actions arising pursuant to this
Subchapter.
(4) No portion of this Ordinance and Subchapter shall be construed
as contrary to Federal law.
3.06.602 Repeal of Prior Liquor Control Laws
(1) All ordinances and resolutions of the Tribe regulating,
authorizing, prohibiting or in any way dealing with the sale of liquor
heretofore enacted or now in effect are hereby repealed and are
declared to be of no further force and effect, with the exception of
the provisions of the Stillaguamish Tribe of Indians Law and Order
Code, including but not limited to the provisions of Chapter 8.40,
Alcohol-Related Offenses.
(2) The provisions of this Subchapter shall be prospective only
from the date of its effectiveness. Nothing contained herein shall be
deemed to revoke any presently existing valid license or permit or
renewal thereof previously issued by the Washington State Liquor
Control Board or the exercise of privilege given thereunder to any
retailer subject to the provisions of this Subchapter.
3.06.603 Definitions
All definitions of the Taxation Code Section 3.06.201 apply herein
unless the terms are otherwise defined in this Subchapter. For purposes
of this Subchapter, whenever any of the following words, terms or
definitions is used herein, they shall have the meaning ascribed to
them in this Subchapter:
(1) ``Brewer'' or ``brewery'' means any person engaged in the
business of manufacturing beer and malt liquor and as such terms are
further defined in the Revised Code of Washington in RCW 66.04.010.
(2) ``Indian Country,'' consistent with the meaning given in 18
U.S.C. 1151 means: (a) all land within the limits of the Stillaguamish
Indian Reservation under the jurisdiction of the United States
government, notwithstanding the issuance of any patent, and, including
rights of way running through the reservation; and (b) all Indian
allotments or other lands held in trust for the Tribe or a member of
the Tribe, including rights of way running through the same.
(3) ``Liquor'' means the four varieties of liquor (alcohol,
spirits, wine, and beer), and 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 as such term and the four varieties thereof are
further defined in the Revised Code of Washington in RCW 66.04.010.
(4) ``Malt beverage'' or ``malt liquor'' means any beverage such as
beer, ale, lager beer, stout, and porter obtained by
[[Page 1200]]
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 containing not more than eight percent of alcohol
by weight, and not less than one-half of one percent of alcohol by
volume. For purposes this Subchapter, any such beverage containing more
than eight percent of alcohol by weight shall be referred to as
``strong beer.''
(5) ``Manufacturer'' means a person engaged in the preparation and
manufacturing of liquor for sale, in any form whatsoever.
(6) ``Sale'' and ``sell'' means the same as such terms are defined
in the Revised Code of Washington in RCW 66.04.010.
(7) ``Tribal retailer'' means a liquor retailer wholly owned by the
Stillaguamish Tribe of Indians and located in Indian Country.
(8) ``Tribally-licensed retailer'' means a person who has a
business license from the Tribe to sell liquor at retail from a
business located in Indian Country.
3.06.604 Stillaguamish Tax Commission
The Board hereby authorizes the Tax Commission of the Stillaguamish
Tribe of Indians to administer this Subchapter, including general
control, management and supervision of all liquor sales, manufacturing,
and distribution, places of sale and sales outlets, and to exercise all
of the powers and accomplish all of the purposes thereof as hereinafter
set forth any do the following acts and things for and on behalf of and
in the name of the Tribe:
(1) Adopting and enforcing rules and regulations for the purpose of
carrying into effect the provisions of this Subchapter the performance
of its functions;
(2) Collecting, auditing and issuing fees, licenses, taxes and
permits; and
(3) Performing all matters and things incidental to and necessary
to conduct its business and carry out its duties and functions under
this Subchapter.
LICENSE REQUIRED
3.06.610 License Required of Tribal Retailers and Tribally-licensed
Retailers
Every person engaging in the business of selling, manufacturing, or
distributing liquor within the Tribe's Indian Country, including but
not limited to a brewery, shall secure a business license from the
Tribe in the manner provided for by Subchapter 100 of this Title
(``Business Licenses'') and otherwise comply with all provisions of
Subchapter 100.
3.06.611 Prohibitions
(1) The manufacture, purchase, sale, and dealing in liquor within
Tribe's Indian Country by any person, party, firm, or corporation
except pursuant to the control, licensing, and regulation of the
Stillaguamish Tax Commission, is hereby declared unlawful. Without
limitation as to any other penalties and fines that may apply, any
violation of this subsection is an infraction punishable by a fine of
up to five hundred dollars ($500.00).
(2) Every person engaging in the business of manufacturing,
distributing or selling liquor within the Tribe's Indian Country shall
comply with the provisions of Chapter 8.40, Alcohol-Related Offenses,
of the Stillaguamish Tribe of Indians Law and Order Code, the
provisions of which are re-affirmed and are specifically incorporated
herein by this reference. Any violation of this subsection is
punishable pursuant to the penalty provisions of Chapter 8.40, Alcohol-
Related Offenses of the Stillaguamish Tribe of Indians Law and Order
Code.
3.06.612 Conformity with State Law as Required
Tribal retailers and tribally-licensed retailers shall comply with
any applicable Washington State liquor law standards to the extent
required by 18 U.S.C. 1161 and the Agreement Between the Washington
State Liquor Control Board and the Stillaguamish Indian Tribe for
Purchase and Resale of Liquor in Indian Country (``Agreement''), if
any. To the extent provisions of this Subchapter conflict with the
Agreement, the terms of the Agreement control.
TAXATION
3.06.620 Tribal Liquor Tax
The Tribe expressly reserves its inherent sovereign right to
regulate the use and sale of liquor through the imposition of tribal
taxes thereon. The Board hereby authorizes and expressly reserves its
authority to impose a tribal Liquor Tax on sales of all alcoholic
beverages, including packaged and retail sales of liquor, wine, and
beer, at a rate determined to be fair and equitable by the Board
through independent action.
3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax
The Tribe's Retail Sales Tax shall not apply to retail sales of
liquor.
ADMINISTRATION
3.06.630 Severability
If any section, provision, phrase, addition, word, sentence or
amendment of this Subchapter or its application to any person is held
invalid, such invalidity shall not affect the other provisions or
applications of this Subchapter that can be given effect without the
invalid application, and to that end the provisions of this Subchapter
are declared severable.
3.06.631 Nondiscrimination
No provision of this Subchapter shall be construed as imposing a
regulation or tax that discriminates on the basis of whether a retail
liquor establishment is owned, managed or operated by a member of the
Tribe.
3.06.632 Effective Date
This Subchapter shall be and become effective upon publication by
the United States Department of the Interior's certification in the
Federal Register.
3.06.633 Sovereign Immunity
Nothing in this Subchapter shall be construed as a waiver or
limitation of the inherent sovereign immunity of the Tribe.
Ordinance 2008/060 enacting this Title 3, Chapter 6 took effect on
April 30, 2008, at 6:00 p.m. upon the approval of its provisions by the
Board of Directors of the Stillaguamish Tribe of Indians, which date
was April 28, 2008. Title 3, Chapter 6 of the Tribe's Law and Order
Code was repealed and replaced with this Title, as amended by
resolution 2011/048, enacted by the Board of Directors of the
Stillaguamish Tribe of Indians on April 14, 2011, as amended by
resolution 2012/146 dated September 27, 2012, as amended by resolution
2015/099 dated May 28, 2015.
[FR Doc. 2016-334 Filed 1-8-16; 8:45 am]
BILLING CODE 4337-15-P
