Cowlitz Indian Tribe Liquor Ordinance, 14910-14912 [2017-05815]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 82, Number 55 (Thursday, March 23, 2017)]
[Notices]
[Pages 14910-14912]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-05815]


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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[178A2100DD/AAKC001030/A0A501010.999900 253G]


Cowlitz Indian Tribe Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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

SUMMARY: This notice publishes the liquor ordinance of the Cowlitz 
Indian Tribe. The liquor ordinance regulates and controls the 
possession, sale, manufacture, and distribution of alcohol in 
conformity with the laws of the State of Washington. Enactment of this 
ordinance will help provide a source of revenue to strengthen Tribal 
government, provide for the economic viability of Tribal enterprises, 
and improve delivery of Tribal government services.

DATES: This code shall become effective March 23, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 
11th Avenue, Portland, Oregon 97232, Telephone: (503) 231-6702, Fax: 
(503) 231-2201.

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 Tribal Council of the Cowlitz 
Indian Tribe duly adopted the Cowlitz Tribal Liquor Ordinance on 
October 27, 2016.
    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 Tribal Council of the Cowlitz Indian Tribe 
duly adopted the Cowlitz Tribal Liquor Ordinance by Ordinance No. 16-02 
dated October 27, 2016.

    Dated: March 15, 2017.
Michael S. Black,
Acting Assistant Secretary--Indian Affairs.

SECTION 1.--INTRODUCTION

1.1 Authority

    This ordinance is enacted pursuant to the Act of August 15, 1953, 
67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of the 
Cowlitz Tribal Council enumerated in Article VIII of the Constitution 
of the Cowlitz Tribe of Indians to enact legislation and regulate 
activities of businesses operating on the Tribe's lands, and in 
conformity with applicable Washington State laws and all attendant 
agreements with the State of Washington.

1.2 Purpose

    The purpose of this ordinance is to regulate and control the 
possession, sale, manufacture, and distribution of liquor within the 
Tribe's reservation, trust lands, and all Indian Country as defined in 
18 U.S.C. 1151, in order to permit alcohol sales by tribally owned and 
operated enterprises and lessees and at other tribally approved special 
events. The enactment of this ordinance will increase the ability of 
the Cowlitz Tribe to control the manufacture, distribution, sale, and 
possession of liquor on the Tribe's lands and will provide an important 
source of revenue for the continued operation and strengthening of the 
Cowlitz tribal government, the delivery of tribal governmental 
services, and the economic viability of tribal enterprises.

1.3 Short Title

    This shall be known as the ``Cowlitz Tribal Liquor Ordinance'' and 
shall be codified as Ordinance No. 16-02 of the Cowlitz Tribal Code.

1.4 Jurisdiction

    This ordinance shall apply to all lands now or in the future under 
the governmental authority of the Tribe, including the Tribe's 
reservation, trust lands, and Indian Country as defined under 18 U.S.C. 
1151.

1.5 Application of 18 U.S.C. 1161

    By adopting this Ordinance, the Tribe hereby regulates the sale, 
manufacturing, distribution, possession, and consumption of liquor 
while ensuring that such activity conforms with applicable laws of the 
State of Washington as required by 18 U.S.C. 1161 and the United 
States.

[[Page 14911]]

1.6 Declaration of Public Policy; Findings

    The Tribal Council enacts this Ordinance, based on the following 
findings:
    (a) The manufacture, distribution, possession, sale, and 
consumption of liquor in the Tribe's Indian Country are matters of 
special concern to the Tribe.
    (b) Federal law currently prohibits the introduction of liquor into 
or manufacture of spirits in Indian Country, except as provided in 18 
U.S.C. 1161, except in accordance with State law and the duly enacted 
law of the Tribe.
    (c) The Cowlitz Tribe recognizes that a need exists for strict 
tribal regulation and control over liquor transactions within its lands 
because of the many potential problems associated with the unregulated 
or inadequately regulated manufacture, distribution, sale, possession, 
and consumption of liquor. The Tribal Council finds that tribal control 
and regulation of liquor is necessary to achieve maximum economic 
benefit to the Tribe, to protect the health and welfare of tribal 
members, and to address specific concerns relating to alcohol use on 
tribal lands.
    (d) It is in the best interests of the Tribe to enact an ordinance 
governing liquor transactions on its lands.

SECTION 2.--DEFINITIONS

2.1 Definitions

    As used in this ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    (a) ``Alcohol'' means that substance known as ethyl alcohol, 
hydrated oxide of ethyl, ethanol, or spirits of wine, which is commonly 
produced by the fermentation or distillation of grain, starch, 
molasses, or sugar, or other substances including all dilutions and 
mixtures of this substance from whatever source or by whatever process 
produced.
    (b) ``Beer'' means any beverage such as beer, ale, lager beer, 
stout, and porter obtained by the alcoholic fermentation of an infusion 
or decoction of pure hops, or pure extract of hops and pure barley malt 
or other wholesome grain or cereal in pure water and containing not 
more than eight percent of alcohol by weight, and not less than one-
half of one percent of alcohol by volume. For the purposes of this 
ordinance, any such beverage containing more than eight percent of 
alcohol by weight shall be referred to as ``strong beer.''
    (c) ``Indian Country'' means the Tribe's reservation, trust lands, 
and all other lands as defined in 18 U.S.C. 1151.
    (d) ``Liquor'' includes the four varieties of liquor herein defined 
(alcohol, spirits, wine, and beer), includes all fermented, spirituous, 
vinous, or malt liquor or combinations thereof, and mixed liquor, a 
part of which is fermented, spirituous, vinous or malt liquor, or 
otherwise intoxicating; and every liquid or solid or semisolid or other 
substance, patented or not containing alcohol, spirits, wine, or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption, and any liquid, semisolid, solid, or 
other substance, which contains more than one percent of alcohol by 
weight shall be conclusively deemed to be intoxicating. Liquor does not 
include confections or food products that contain one percent or less 
of alcohol by weight. ``Malt Liquor'' means beer, strong beer, ale, 
stout and porter.
    (e) ``Sale'' and ``Sell'' includes exchange, barter and traffic; 
and also includes the selling or supplying or distributing by any means 
whatsoever of liquor, or of any liquid known or described as beer or by 
any name whatsoever commonly used to describe malt or brewed liquor or 
of wine by any person to any person.
    (f) ``Spirits'' means any beverage, which contains alcohol obtained 
by distillation, including wines exceeding twenty-four percent of 
alcohol by weight.
    (g) ``State'' means the State of Washington.
    (h) ``Tribal Council'' means the Cowlitz Tribal Council, which is 
the governing body of the Tribe.
    (i) ``Tribe'' means the Cowlitz Indian Tribe, a federally 
recognized sovereign Indian tribe.
    (j) ``Wine'' means any alcoholic beverage obtained by fermentation 
of fruits, (grapes, berries, apples, et cetera) or other agricultural 
product containing sugar, to which any saccharine substances may have 
been added before, during or after fermentation, and containing not 
more than twenty-four percent of alcohol by volume, including sweet 
wines fortified with wine spirits, such as port, sherry, muscatel, and 
angelica, not exceeding twenty-four percent of alcohol by volume and 
not less than one-half of one percent of alcohol by volume. For 
purposes of this ordinance, any beverage containing no more than 
fourteen percent of alcohol by volume when bottled or packaged by the 
manufacturer shall be referred to as ``table wine,'' and any beverage 
containing alcohol in an amount more than fourteen percent by volume 
when bottled or packaged by the manufacturer shall be referred to as 
``fortified wine.'' However, ``fortified wine'' shall not include: (i) 
Wines that are both sealed or capped by cork closure and aged two years 
or more; and (ii) wines that contain more than fourteen percent alcohol 
by volume solely as a result of the natural fermentation process and 
that have not been produced with the addition of wine spirits, brandy, 
or alcohol.

SECTION 3.--LIQUOR SALES, POSSESSION, AND MANUFACTURE

3.1 Possession

    The introduction and possession of liquor shall be lawful within 
Indian Country, provided that such introduction or possession is in 
conformity with the laws of the Tribe and the applicable laws of and 
the Tribe's agreements with the State.

3.2 Retail Sales

    The sale of liquor shall be lawful within Indian Country, provided 
that such sales are in conformity with the laws of the Tribe and the 
applicable laws of and agreements with the State.

3.3 Manufacture

    The manufacture of liquor shall be lawful within Indian Country, 
provided that such manufacture is in conformity with the laws of the 
Tribe and the applicable laws of and agreements with the State.

3.4 Age Limits

    The legal age for possession or consumption of alcohol within 
Indian Country shall be the same as that of the State, which is 
currently 21 years. No person under the age of 21 years of age shall 
purchase, possess, or consume any liquor.

SECTION 4.--LICENSING

4.1 Licensing

    The Tribal Council shall have the power to establish procedures and 
standards for tribal licensing of liquor manufacture, distribution, and 
sale within Indian Country, including the setting of a license fee 
schedule, and shall have the power to publish and enforce such 
standards. For license applicants that are not tribally owned, 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 
however shall not provide the applicant with an entitlement to a tribal 
license.

[[Page 14912]]

SECTION 5.--ENFORCEMENT

5.1 Enforcement

    The Tribal Council shall have the power to develop, enact, 
promulgate, and enforce regulations as necessary for the enforcement of 
this Ordinance 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 Ordinance 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 Ordinance 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 Ordinance by confiscating any liquor sold, possessed, distributed, 
manufactured, or introduced within Indian Country in violation of this 
Ordinance or of any regulations duly adopted pursuant to this 
Ordinance.
    The Tribal Council shall have the exclusive jurisdiction to hold 
hearings on violations of this Ordinance and any procedures or 
regulations adopted pursuant to this Ordinance; to promulgate 
appropriate procedures governing such hearings; to determine and 
enforce penalties or damages for violations of this Ordinance; and to 
delegate to a subordinate hearing officer or panel or to the Cowlitz 
Tribal Court the authority to take any or all of the foregoing actions 
on its behalf.

SECTION 6.--TAXATION

6.1 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.

SECTION 7.--MISCELLANEOUS PROVISIONS

7.1 Sovereign Immunity Preserved

    Nothing contained in this Ordinance 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.

7.2 Conformance With Applicable Laws

    All acts and transactions under this Ordinance shall be in 
conformity with the laws of the State to the extent required by 18 
U.S.C. 1161 and with all Federal laws regarding liquor in Indian 
Country.

7.3 Effective Date

    This Ordinance shall be effective as of the date on which the 
Secretary of the Interior certifies this Statute and publishes the same 
in the Federal Register.

7.4 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 Ordinance are hereby rescinded.

7.5 Amendments

    This Ordinance may only be amended pursuant to an amendment duly 
enacted by the Tribal Council and certification by the Secretary of the 
Interior and publication in the Federal Register, if required.

7.6 Severability and Savings Clause

    If any part or provision of this Ordinance 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 
Ordinance shall not be affected and shall continue to remain in full 
force and effect.

[FR Doc. 2017-05815 Filed 3-22-17; 8:45 am]
 BILLING CODE 4337-15-P