Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian Reservation Liquor Ordinance; Repeal and Replace, 25479-25483 [2018-11839]
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Federal Register / Vol. 83, No. 106 / Friday, June 1, 2018 / Notices
implementation of their supporting
HCPs. The primary purpose of the
scoping process is for the public and
other agencies to assist in developing
the PEIS by identifying important issues
and alternatives that should be
considered. However, this scoping
process would also be used to inform
single-project EISs if we determine it is
more appropriate to prepare a separate
EIS for each of the proposed permit
actions.
The Service is requesting data,
comments, new information, and/or
recommendations from the public, other
governmental agencies, the scientific
community, Native Hawaiian
organizations or entities, industry, or
other interested parties related to our
development of the PEIS or individual
EISs. We seek specific comments on:
1. Biological information and relevant
data (e.g., range, distribution,
population size, and population trends)
for the Hawaiian hoary bat, Hawaiian
goose, and the Hawaiian petrel;
2. Potential direct and indirect
impacts on the human environment that
would occur as a result of the continued
operation of these wind energy facilities
and the proposed increase in authorized
take of the Hawaiian hoary bat,
Hawaiian goose, and the Hawaiian
petrel;
3. Whether a programmatic NEPA
approach, as proposed, or separate
NEPA evaluations for each of the four
wind energy projects, is appropriate;
4. Possible alternatives to the
proposed ITP actions that the Service
should evaluate;
5. The presence of archaeological
sites, buildings and structures, historic
events, sacred and traditional areas, and
other historic preservation concerns in
the vicinity of any of the four wind
project sites, including their mitigation
areas, which are required to be
considered in project planning by the
National Historic Preservation Act; and
6. Other past, present, or reasonably
foreseeable future activities on the
islands of Oahu, Maui, and Hawaii that
may contribute to the cumulative
impact on the Hawaiian hoary bat,
Hawaiian goose, and the Hawaiian
petrel.
Once the draft PEIS (or individual
EISs) and draft HCPs are prepared, there
will be further opportunity for comment
on the content of these documents
through an additional public comment
period.
Public Availability of Comments
You may submit your comments and
materials by one of the methods listed
above in ADDRESSES. Before including
your address, phone number, email
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address, or other personal identifying
information in your comment, you
should be aware that your entire
comment(s)—including your personal
identifying information—may be made
publicly available at any time. While
you can ask us in your comment(s) to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so. Comments and materials we
receive, as well as supporting
documentation we use in preparing the
PEIS, will be available for public
inspection by appointment, during
normal business hours, at the Service’s
Pacific Islands Fish and Wildlife Office.
Reasonable Accommodation
Persons needing reasonable
accommodations to attend and
participate in the public meetings
should contact Darren LeBlanc or
Michelle Bogardus at the Service’s
Pacific Islands Fish and Wildlife Office
(see FOR FURTHER INFORMATION CONTACT).
To allow sufficient time to process
requests, please call no later than 14
days in advance of the meeting dates.
Authority
We provide this notice in accordance
with the requirements of section 10 of
the ESA (16 U.S.C. 1531 et seq.), and per
NEPA regulations (40 CFR 1501.7, 40
CFR 1506.5 and 1508.22).
Dated: January 31, 2018.
Theresa E. Rabot,
Deputy Regional Director, Pacific Region, U.S.
Fish and Wildlife Service.
[FR Doc. 2018–11821 Filed 5–31–18; 8:45 am]
published in the Federal Register on
November 14, 1979, and any and all
previous statutes.
DATES: This Ordinance takes effect July
2, 2018.
FOR FURTHER INFORMATION CONTACT: Mr.
Greg Norton, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 Northeast
11th Avenue, Portland, OR 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.
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 Shoalwater Bay Indian
Tribe of the Shoalwater Bay Indian
Reservation adopted Resolution
Number: 02–16–18–07 (Liquor Control
Ordinance) on February 16, 2018. The
statute repeals and replaces the previous
liquor control ordinance published in
the Federal Register on November 14,
1979 (44 FR 65675).
Dated: May 14, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs, Exercising the Authority of the
Assistant Secretary—Indian Affairs.
SHOALWATER BAY INDIAN TRIBE
BILLING CODE 4333–15–P
TRIBAL CODE
DEPARTMENT OF THE INTERIOR
TITLE 10—LIQUOR CONTROL
Bureau of Indian Affairs
Chapter 10.1
[189A2100DD/AAKC001030/
A0A501010.999900 253G]
Section 10.1.01
Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation
Liquor Ordinance; Repeal and Replace
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation (the
Tribe) Liquor Control Ordinance (the
Ordinance). The Ordinance certifies the
Tribe’s liquor licensing laws to regulate
and control the possession, sale, and
consumption of liquor within the
jurisdiction of the Tribe’s reservation.
The Ordinance repeals and replaces the
previous liquor control ordinance
SUMMARY:
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General Provisions
Title
This Title shall be cited as the tribal
‘‘Liquor Control’’ code of the Shoalwater
Bay Indian Tribe.
Section 10.1.02
Authority
This title is enacted pursuant to the
Tribe’s inherent sovereignty and
pursuant to the provisions of the
Shoalwater Bay Tribal Constitution,
Article VI, Powers of the Tribal Council,
Section 1. Enumerated Powers,
subsections (e),(f) and (x) and in
conformity with the applicable laws of
the State of Washington to the extent
required under 18 U.S. C. § 1161.
Section 10.1.03
Tribal Laws
Relation to Other
Prior liquor control ordinances are
hereby repealed. Chapter 2.06 of the
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Shoalwater Bay Code of Laws shall
remain in effect but, if there is a
conflict, this Title shall control.
Section 10.1.04 Definitions
The definitions related to this Title
are as follows:
A. Alcoholic Beverage: Shall mean
any intoxicating liquor, spirits, beer, or
any wine, as defined under the
provisions of this Title or other
applicable law or regulation.
B. Council: Shall mean the Tribal
Council of the Shoalwater Bay Indian
Tribe.
C. Legal Age: Shall mean the age
requirements as defined in this Title.
D. Liquor Store: Shall mean any store
established by the Tribe for the sale of
alcoholic beverages or any entity
licensed by the Tribe to sell alcoholic
beverages.
E. On-Site Licensee: Shall mean the
Shoalwater Bay Indian Tribe or its duly
authorized licensee when it sells, or
keeps for sale, any alcoholic beverage
authorized under this Title for
consumption on the premises where
sold.
F. On-Site Sale: Shall mean the sale
of any alcoholic beverage for
consumption only upon the premises
where sold.
G. Sale: Shall include the exchange,
barter, traffic, donation, with or without
consideration, in addition to the selling,
supplying, or distributing, by any means
whatsoever, of liquor, spirits, alcoholic
beverage, or of any liquid known or
described as beer or by any name
whatever commonly used to describe
malt or brewed liquor or of wine, by any
person to any person; and also includes
a sale or selling within an area of tribal
jurisdiction to a foreign consignee or his
or her agent.
H. Reservation: means the Shoalwater
Bay Indian Reservation.
I. Shoalwater Bay Indian country shall
mean all lands to fullest extent of
applicable law under the control of the
Tribe as well as all trust land owned by
the Tribe both on and off of its
Reservation.
J. Transaction: Shall mean any
transfer of any bagged, bottled, boxed,
canned or kegged alcoholic beverage, or
the transfer of any contents of any
bagged, bottled, boxed, canned or
kegged alcoholic beverage from any
liquor store, on-site dealer or vendor to
any person.
K. Tribe: means the Shoalwater Bay
Indian Tribe.
L. Tribal Court: means the Shoalwater
Bay Tribal Court.
M. Tribal Council or Council: means
the Shoalwater Bay Tribal Council.
N. Trust land: means all land held in
trust or restricted fee status by the
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United States on behalf of the
Shoalwater Bay Indian Tribe.
O. Vendor: Shall mean any person
employed or under the supervision by
and of a liquor store or on-site dealer
who conducts sales or transactions
involving alcoholic beverages.
Chapter 10.2 Tribal Control of
Alcoholic Beverages
Section 10.2.01
General Prohibition
It shall be a violation of Tribal law to
manufacture for sale, sell, offer, or keep
for sale, possess, transport or conduct
any transaction involving any alcoholic
beverage except in compliance with the
terms, conditions, limitations, and
restrictions specified in this Title.
Section 10.2.02 Tribal Control of
Alcoholic Beverages
The Tribal Council shall have the sole
and exclusive right to authorize the
importation of alcoholic beverages for
sale or other exchange or for the
purpose of conducting transactions
therewith, and no person or
organization shall so import any such
alcoholic beverage into the Shoalwater
Bay Indian Country and into trust land,
which includes the Reservation and
trust lands of the Tribe, wherever
situated, unless authorized by the Tribal
Council.
Section 10.2.03 Regulatory Authority
of Tribal Council
(a.) To promulgate rules and
regulations governing the sale,
manufacture, distribution, licensing and
possession of alcoholic beverages on the
Reservation;
(b.) To issue such licenses and
permits as it deems appropriate
permitting the sale or manufacture or
distribution of liquor, for retail or
wholesale, and to revoke such licenses;
(c.) To employ such managers,
accountants, security personnel,
inspectors, and such other personnel as
it shall determine necessary to allow the
Tribal Council to perform its functions;
(d.) To charter or create such tribal
enterprises, divisions, corporations or
other entities as it shall determine
necessary to sell, possess, manufacture,
or exchange alcoholic beverages as
provided in Chapter 10.3 hereunder and
elsewhere in Tribal law;
(e.) To do all other things necessary
and proper to fulfill this Title and
duties, rights and responsibilities it has
hereunder.
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Chapter 10.3
Enterprise
Tribal Liquor Store
Section 10.3.01 Tribal Liquor
Enterprise
In addition to any other licensed
outlets under Chapter 10.4 of this Code,
the Council may establish and maintain
anywhere within the Shoalwater Bay
Indian Country that the Council may
deem advisable, a Tribal liquor store or
stores for the retail sale or wholesale of
alcoholic beverages in accordance with
the provisions of this Title. The Council
may set the prices of alcoholic beverages
sold by any Tribal liquor store and may
set such other regulations as it deems
appropriate to regulate the store.
Chapter 10.4
Permits
Liquor Licenses and
Section 10.4.01 Retail License
The Council may issue a license or
licenses to establish and maintain
anywhere within the Shoalwater Bay
Indian Country that the Council may
deem advisable, a retail establishment
or establishments for storage and on-site
consumption of alcoholic beverages in
accordance with the provisions of this
Title. The Council may set the prices of
alcoholic beverages sold by these on-site
dealers.
Section 10.4.02 Grocery License
The Tribal Council may issue a
license or licenses to establish and
maintain anywhere within the
Shoalwater Bay Indian Country that the
Council may deem advisable, a grocery
or groceries for storage and sale of
alcoholic beverages in accordance with
the provisions of this Title. The Council
may set the prices of alcoholic beverages
sold by these groceries.
Section 10.4.03 Special Occasion
License
The Council may issue a license or
licenses for the consumption of
alcoholic beverages at special events at
specific times and places and under
such conditions as it may deem
appropriate by regulation. Such special
events may include but not be limited
to banquets, fund raisers, and private
parties.
Section 10.4.04 Wholesale License
The Council may issue a license or
licenses to establish and maintain
anywhere within the Shoalwater Bay
Indian Country that the Council may
deem advisable, an establishment for
the sale or distribution of alcoholic
beverages at wholesale in accordance
with the provisions of this Title. The
Council may set the prices of alcoholic
beverages sold by these distributors.
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Section 10.4.05
Permits
Other Licenses and
The Council may issue such other
licenses and permits for alcohol or
alcoholic beverages as it deems
appropriate. Such additional licenses
and permits may be issued pursuant to
tribally issued regulations determining
the terms and conditions as the Council
may determine.
Section 10.4.06
Control
Regulation and
Section 10.4.06.1
Applications for licenses or permits
shall be subject to such conditions, fees
and restrictions on these licenses or
permits as the Council shall deem
appropriate. Applications shall be
submitted on the prescribed form to the
Council or its authorized employees.
The Council may, at its sole discretion
and subject to the conditions of this
Code and other tribal laws and
regulations, issue or refuse to issue any
license permit upon payment of the
prescribed fee.
Section 10.4.06.2
For the purpose of considering any
application for a license or permit, the
Council may cause an inspection of the
premises to be made and may inquire
into all matters with the construction
and operation of the premises.
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Section 10.4.06.3
No license shall be issued to:
(a.) A person who is not a member of
the Shoalwater Bay Indian Tribe;
(b.) A partnership entity unless each
partner is qualified to obtain a license,
as provided in this section;
(c.) A corporation or other entity
unless all shareholders or owners are
members of the Tribe;
(d.) A person whose place of business
is conducted by a manager or agent,
unless such manager or agent is also an
enrolled member of the Tribe;
(e.) A person who has been convicted
of a felony within five years prior to
filing his or her application;
(f.) A person who has been convicted
of a violation of any federal, state or
tribal law concerning the manufacture,
possession or sale of alcoholic beverages
within the last five years or has forfeited
his or her bond to appear in court
within the preceding five years to
answer charges for such violation; or
(g.) A person who is less than twentyone years of age.
In conformity with State and federal
law, the requirements of subparagraphs
(a) through (f) may be waived by the
Tribal Council for special occasion
licenses.
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Section 10.4.06.4
Every license shall be issued in the
name of the applicant and no license
shall be transferable, nor shall the
holder thereof allow any other person to
use the license.
Section 10.4.06.5
Before the Council shall issue any
license, notice of the application shall
be posted in public places and
comments shall be received on the
application for period of twenty (20)
days at the Shoalwater Bay Tribal office.
Section 10.4.06.6
Before the Council shall issue any
license it shall give due consideration to
the location of the business.
Section 10.4.06.7
All licenses issued by the Tribe shall
be posted in a conspicuous place on the
licensed premises.
10.4.06.8 Inspection Following
License
(a.) All licensed premises used in the
storage or sale of alcoholic beverages, or
any premises or parts of premises used
or in any way connected, physically or
otherwise, with the licensed business,
shall at all times be open to inspection
by any tribal inspector or tribal police
officer authorized by the Council to do
such inspection.
(b.) Every person, being on any such
premises and having charge thereof,
who refuses to admit a tribal inspector
or tribal police officer demanding to
enter therein pursuant to authority
herein, or who obstructs or attempts to
obstruct the entry of such inspector or
tribal police officer, or who refuses to
allow the inspector to examine the
books of the licensee, or who refuses to
or neglects to make any return required
by this Code or the regulations passed
pursuant thereto, shall be deemed to be
in violation of this Code.
10.4.06.9 Suspension and
Cancellation
(a.) The Council may, for violation of
this Code, suspend or cancel any license
or permit; and all rights to keep or sell
alcoholic beverages thereunder shall be
suspended or terminated as the case
may be.
(b.) Prior to cancellation or
suspension, the Council shall send
notice of its intent to cancel or suspend
to the licensee or permit holder. A
license or a permit is a privilege and no
person shall have a vested right to one.
The Council shall give at least ten (10)
day’s notice of such cancellation or
suspension. The licensee shall have the
right, prior to cancellation or
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suspension date, to apply to the Tribal
Court for a hearing to determine
whether the license was rightfully
suspended or cancelled. The sovereign
immunity of the Shoalwater Bay Tribe
is waived for this hearing to seek
declaratory and injunctive relief;
provided that this waiver shall not
waive sovereign immunity to allow the
award of money damages, attorney fees
or cost against the Tribe nor to grant any
other relief other than a declaratory and
injunctive relief nor shall it be
construed to waiver sovereign immunity
for suit in any court other than Tribal
Court. This waiver shall not apply to a
denial of an application for a license nor
to a refusal to renew an expired license.
10.4.06.10 Expiration of License
No license or permit shall be for a
period longer than a year and may be for
a shorter period at the discretion of the
Tribe. Unless sooner cancelled, every
license or permit issued by the Council
shall expire at midnight on the last day
of the Tribal fiscal year. Licenses issued
less than six months before that date
shall only cost one-half of the annual
fee.
Chapter 10.5 State of Washington
Licenses and Agreements
Section 10.5.01 State of Washington
Licenses and Agreements
The Tribe may negotiate at its
discretion an agreement with the State
of Washington or obtain a State of
Washington liquor license or licenses
for any purpose including any tribally
operated establishment that sells
alcoholic beverages or conducts
transactions involving alcoholic
beverages to allow the Tribe or its
licensees to sell liquor in Shoalwater
Bay Indian Country or within trust land
under the Tribe’s control.
Chapter 10.6
Penalties
Disputes; Violations;
Section 10.6.01 Disputes with
Licensees; Violations; Penalties;
Exclusive Tribal Court Jurisdiction
Any disputes or violations that arise
under this Title shall be resolved by
mediation or by a suit in Tribal Court,
which shall have exclusive civil and
criminal jurisdiction for actions arising
under or to enforce this Title.
Chapter 10.7
Section 10.07.01 Applicability of State
Law
The Council and its agents shall act in
conformity with Washington State laws
regarding the liquor transactions to the
extent required by applicable federal
law, including 18 U.S.C. § 1161.
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Chapter 10.8
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Illegal Activities
Section 10.8.01 Persons Under 21
Years of Age: Restrictions
(a.) No person under the age of 21
years shall purchase or possess
alcoholic beverages in any
establishment operating pursuant to the
provisions of this Title.
(b.) No person shall permit any other
person under the age of 21 to consume
liquor on his premises or any premises
under their control except in those
situations set out in this section. Any
person violating this section shall be
guilty of a separate violation of this Title
for each and every drink so consumed.
(c.) Any person who shall sell or
provide any liquor to any person under
the age of 21 years shall be guilty of a
violation of this Title for each such sale
or drink provided.
(d.) Any person who transfers in any
manner an identification of age to a
person under the age of 21 years for the
purpose of permitting such person to
obtain liquor shall be guilty of an
offense, provided that corroborative
testimony of a witness other than the
underage person shall be a requirement
of finding a violation of this Title.
(e.) Any person who attempts to
purchase an alcoholic beverage through
the use of false or altered identification
which falsely purports to show the
individual to be over the age of 21 years
shall be guilty of violating this Title.
Section 10.8.02 Restrictions on
Intoxicated Persons
Hours and Days of
No Tribally operated or licensed
establishment shall sell or furnish
alcoholic beverages for on-site purposes
during hours or on days not in
compliance with applicable law.
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Section 10.8.04
Purchase
Illegal Sales or
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Contraband
(a.) Liquor, which is possessed,
including for sale, contrary to the terms
of this Title is declared to be
contraband. Any Tribal agent, employee
or officer who is authorized by the
Tribal Council to enforce this section
shall seize all contraband and preserve
it in accordance with the provisions
established for the preservation of
impounded property; and
(b.) Upon being found in violation of
the Title, the party shall forfeit all right,
title and interest in the items seized
which shall become the property of the
Tribe.
Section 10.8.08
(a.) Any person who shall sell or offer
for sale or distribute or transport in any
manner, liquor in violation of this Title,
or who shall operate or shall have liquor
for sale in their possession without a
license, shall be guilty of a violation of
this Title subjecting them to civil fines
assessed by the Tribal Council;
(b.) Any person within the boundaries
of the reservation or trust land of the
Tribe who buys liquor from any person
other than a properly licensed facility or
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Section 10.8.06 Identification
When requested by the provider of
liquor, any person shall be required to
present official documentation of the
bearer’s age, signature, and photograph.
Official documentation includes one of
the following:
(a.) Valid driver’s license,
identification, or enrollment card issued
by any Tribe or State department of
motor vehicles;
(b.) United States Active Duty
Military Identification;
(c.) Liquor control authority card of
identification of any state; or
(d.) Passport.
Section 10.8.07
No Tribally operated or licensed
establishment shall sell, give, or furnish
any alcoholic beverage or in any way
allow any alcoholic beverage to be sold,
given or furnished to a person who is
obviously intoxicated.
Section 10.8.03
Sale
the Tribal Enterprise shall be guilty of
a violation of this Title;
(c.) Any person who keeps or
possesses liquor upon their person or in
any place or on premises conducted or
maintained by their principal or agent
with the intent to sell or distribute it
contrary to the provisions of this Title,
shall be guilty of a violation of this
Title;
(d.) Any person engaging wholly or in
part in the business of carrying
passengers for hire, and every agent,
servant, or employee of such person,
who shall knowingly permit any person
to drink liquor in any public
conveyance, shall be guilty of an offense
under this Title. Any person who shall
drink liquor in a public conveyance
shall be guilty of a violation of this
Title.
Tribal Liquor Stamp
(a.) No liquor, other than beer and
wine, sold pursuant to a Tribal license
shall be sold on the Shoalwater Bay
Indian Reservation, in Shoalwater Bay
Indian Country or on trust land unless
there shall be affixed a stamp of the
Shoalwater Bay Tribal Council.
Any sales made in violation of this
provision shall be remedied as set out
in this Title. All liquor other than beer
and wine sold pursuant to a Tribal
license not so stamped, which is sold or
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held for sale, is hereby declared
contraband and, in addition to any
penalties imposed by the Court in
violation of this section, it may be
confiscated and forfeited in accordance
with procedures herein.
(b.) No person other than an employee
of the Tribe shall keep or have in his or
her possession any legal seal prescribed
under this Code unless the same is
attached to a package which has been
purchased from a tribal liquor outlet,
nor shall any person keep or have in his
or her possession any design in
imitation of any official seal prescribed
under this Code or calculated to deceive
by its resemblance to any official seal or
any paper upon which such design is
stamped, engraved, lithographed,
printed or otherwise marked. Any
person violating this provision shall be
in violation of this Title.
Section 10.8.09 Defense to Action for
Sale to Minors
It shall be a defense to a suit for
serving alcoholic beverages to a person
under twenty-one years of age if such a
person has presented a card of
identification.
(a.) In addition to the presentation by
the holder and verification of such card
of identification, the seller shall require
the person whose age may be in
question to sign a card and place a date
and number of this card of identification
thereon. Such statement shall be upon
a five-inch by eight-inch file card,
which card shall be filed alphabetically
by the licensee at or before the close of
business on the day on which the
statement is executed, in the file box
contained containing a suitable
alphabetical index and the card shall be
subject to examination by any tribal
peace officer or employee of the Tribe
at all times.
(b.) Such card in the possession of a
licensee may be offered as defense in
any hearing by the Tribal Court for
serving liquor to the person who signed
the card and may be considered by the
Court as evidence that the licensee acted
in good faith.
Section 10.8.10 Civil Fines
Any person guilty of a violation of
this Title or any regulation shall be
liable to pay the Tribe the amount of
$500 per violation plus costs as civil
damages to defray the Tribe’s cost of
enforcement of this Title when there is
no other penalty specifically provided.
Section 10.8.11 Enforcement
(a.) In any proceeding under this
Title, conviction of one unlawful sale or
distribution of liquor shall establish
prima facie intent of unlawfully keeping
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liquor for sale, selling liquor or
distributing liquor in violation of this
Title.
(b.) The Shoalwater Bay Tribal Court
shall have jurisdiction over any case
brought by the Tribe for violations of
this Code. The Tribal Court may, in
addition to the above penalty, grant to
the Tribe such other relief as may be
necessary and proper for the
enforcement of this Code, including but
not limited to injunctive relief against
acts in violation of this Code.
Section 10.8.12 Abatement
(a.) Any room, house, building,
vehicle, structure, or other place where
liquor is sold, manufactured, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provisions of this Title or of any other
Tribal law relating to the manufacture,
importation, transportation, possession,
distribution, and sale of liquor, and all
property kept in and used in
maintaining such place, is hereby
declared to be a nuisance;
(b.) The Chairman of the Tribal
Council or, if the Chairman fails or
refuses to do so, by a majority vote, the
Tribal Council may institute and
maintain an action in the name of the
Tribe to abate and perpetually enjoin
any nuisance declared under this Title.
The Tribe shall not be required to give
bond to maintain this action. In addition
to all other remedies at Tribal law, the
Tribal Court may also order the room,
house, building, vehicle, structure, or
place closed for a period of one (l) year
or until the owner, lessee, tenant, or
occupant thereof shall give bond of
sufficient sum of not less than $25,000
payable to the Tribe and on the
condition that liquor will not be
thereafter manufactured, kept, sold,
bartered, exchanged, given away,
furnished, or otherwise disposed of
thereof in violation of the provisions of
this Title or of any other applicable
Tribal law and that they will pay all
fines, costs and damages assessed
against them for any violation of this
Title. If any conditions of the bond be
violated, the bond may be recovered for
the use of the Tribe; and
(c.) In all cases where any person has
been found in violation of this Title
relating to the manufacture,
importation, transportation, possession,
distribution, and sale of liquor, an
action may be brought to abate as a
nuisance any real estate or other
property involved in the violation of the
Title and violation of this Title shall be
prima facie evidence that the room,
house, building, vehicle, structure, or
place against which such action is
brought is a public nuisance.
VerDate Sep<11>2014
17:06 May 31, 2018
Jkt 244001
Chapter 10.9
Tribal Taxation
Section 10.9.01 Taxation
(a.) The power to levy taxes under the
provisions of this Title is vested
exclusively with the Tribal Council.
(b.) All revenues received, funds
collected, and property acquired by the
Shoalwater Bay Tribal Council or by the
Shoalwater Bay Tribal Enterprise
pursuant to this Code shall be the
property of the Shoalwater Bay Indian
Tribe. The net proceeds shall be paid
through the tribal treasurer in the
general tribal fund of the Shoalwater
Bay Indian Tribe for the general
governmental services of the Tribe. The
Tribe reserves the right to enter into any
agreement with the State of Washington
related to taxation in lieu of, or in
addition to, this Chapter 10.9, as the
Tribe deems necessary.
Section 10.9.02 Liquor Sales Excise
Tax
(a.) There is hereby levied and shall
be collected a tax upon each sale of
liquor, except beer and wine, whatever
package or container, in the amount of
three (3) cents per fluid ounce or
fraction thereof contained in such
package or container.
(b.) There is hereby levied and shall
be collected a tax upon each sale of beer
or wine in the amount of five percent
(5%) of the selling price.
(c.) These excise taxes shall be added
to the sale price of the liquor sold and
shall be paid by the buyer to the
Shoalwater Bay Liquor Enterprise or the
licensed or permitted tribal seller who
shall collect the same and hold those
taxes in trust until collected by the
Shoalwater Bay Tribal treasurer. The
taxes provided for herein shall be the
only taxes applicable to the activities of
the Shoalwater Bay Liquor Enterprise.
(d.) All tax revenues shall be
transferred to the Tribal treasurer for
deposit in the tribal tax fund for the
benefit of the Shoalwater Bay Indian
Tribe. In appropriating from those tax
revenues, the Council shall give priority
to:
(1.) Strengthening tribal government
which shall include but not be limited
to strengthening tribal court and law
enforcement systems and the system for
administering and enforcing this Code.
(2.) Fire protection, roads, and water
and sewage services.
(3.) Health, education, and other
social services, and land acquisition and
development needs. The Council shall
have the sole discretion to determine
which of the above priorities shall
receive an appropriation and the
amount of the appropriation for a given
priority.
PO 00000
Frm 00059
Fmt 4703
Sfmt 9990
(e.) The Enterprise and retail licensees
shall keep such records required by the
Tribal treasurer to determine the
amount of taxes owing and shall
complete the tax returns in accordance
with instructions from the Tribal
treasurer.
(f.) Amendments to the amounts and
types of taxes levied on the sale of
liquor may be made from time to time
by regulation by the Shoalwater Bay
Tribal Council.
Chapter 10.10
Construction
Section 10.10.01
Severability
If any part of this Title or the
application thereof to any party, person,
or entity or to any circumstances shall
be held invalid for any reason
whatsoever, the remainder of the Title
shall not be affected thereby, and shall
remain in full force and effect as though
no part thereof had been declared to be
invalid.
Section 10.10.02
Repeal of Title
Amendment or
This Title may be amended or
repealed by a majority vote of the Tribal
Council.
Section 10.10.03
Sovereign Immunity
Nothing in this Title is intended to
nor shall be construed as a waiver of the
sovereign immunity of the Shoalwater
Bay Indian Tribe except as provided in
section 10.04.06.9 above.
Section 10.10.04
Effective Date
This Title shall be effective upon the
thirtieth (30th) day after the Secretary of
the Interior certifies this Title and
publishes it in the Federal Register.
Section 10.10.05
Jurisdiction
Notwithstanding anything in this
Title to the contrary, nothing herein is
intended to nor shall be construed as a
grant of jurisdiction from the
Shoalwater Bay Indian Tribe to the State
of Washington beyond that provided
expressly by applicable law. The Tribe
shall operate in conformity with State
law and Tribal law to the extent
required pursuant to 18 U.S.C. § 1161.
[FR Doc. 2018–11839 Filed 5–31–18; 8:45 am]
BILLING CODE 4337–15–P
E:\FR\FM\01JNN1.SGM
01JNN1
]]>Agencies
[Federal Register Volume 83, Number 106 (Friday, June 1, 2018)]
[Notices]
[Pages 25479-25483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11839]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900 253G]
Shoalwater Bay Indian Tribe of the Shoalwater Bay Indian
Reservation Liquor Ordinance; Repeal and Replace
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation (the Tribe) Liquor Control Ordinance
(the Ordinance). The Ordinance certifies the Tribe's liquor licensing
laws to regulate and control the possession, sale, and consumption of
liquor within the jurisdiction of the Tribe's reservation. The
Ordinance repeals and replaces the previous liquor control ordinance
published in the Federal Register on November 14, 1979, and any and all
previous statutes.
DATES: This Ordinance takes effect July 2, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911
Northeast 11th Avenue, Portland, OR 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.
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 Shoalwater Bay Indian Tribe of the
Shoalwater Bay Indian Reservation adopted Resolution Number: 02-16-18-
07 (Liquor Control Ordinance) on February 16, 2018. The statute repeals
and replaces the previous liquor control ordinance published in the
Federal Register on November 14, 1979 (44 FR 65675).
Dated: May 14, 2018.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs, Exercising the
Authority of the Assistant Secretary--Indian Affairs.
SHOALWATER BAY INDIAN TRIBE
TRIBAL CODE
TITLE 10--LIQUOR CONTROL
Chapter 10.1 General Provisions
Section 10.1.01 Title
This Title shall be cited as the tribal ``Liquor Control'' code of
the Shoalwater Bay Indian Tribe.
Section 10.1.02 Authority
This title is enacted pursuant to the Tribe's inherent sovereignty
and pursuant to the provisions of the Shoalwater Bay Tribal
Constitution, Article VI, Powers of the Tribal Council, Section 1.
Enumerated Powers, subsections (e),(f) and (x) and in conformity with
the applicable laws of the State of Washington to the extent required
under 18 U.S. C. Sec. 1161.
Section 10.1.03 Relation to Other Tribal Laws
Prior liquor control ordinances are hereby repealed. Chapter 2.06
of the
[[Page 25480]]
Shoalwater Bay Code of Laws shall remain in effect but, if there is a
conflict, this Title shall control.
Section 10.1.04 Definitions
The definitions related to this Title are as follows:
A. Alcoholic Beverage: Shall mean any intoxicating liquor, spirits,
beer, or any wine, as defined under the provisions of this Title or
other applicable law or regulation.
B. Council: Shall mean the Tribal Council of the Shoalwater Bay
Indian Tribe.
C. Legal Age: Shall mean the age requirements as defined in this
Title.
D. Liquor Store: Shall mean any store established by the Tribe for
the sale of alcoholic beverages or any entity licensed by the Tribe to
sell alcoholic beverages.
E. On-Site Licensee: Shall mean the Shoalwater Bay Indian Tribe or
its duly authorized licensee when it sells, or keeps for sale, any
alcoholic beverage authorized under this Title for consumption on the
premises where sold.
F. On-Site Sale: Shall mean the sale of any alcoholic beverage for
consumption only upon the premises where sold.
G. Sale: Shall include the exchange, barter, traffic, donation,
with or without consideration, in addition to the selling, supplying,
or distributing, by any means whatsoever, of liquor, spirits, alcoholic
beverage, or of any liquid known or described as beer or by any name
whatever commonly used to describe malt or brewed liquor or of wine, by
any person to any person; and also includes a sale or selling within an
area of tribal jurisdiction to a foreign consignee or his or her agent.
H. Reservation: means the Shoalwater Bay Indian Reservation.
I. Shoalwater Bay Indian country shall mean all lands to fullest
extent of applicable law under the control of the Tribe as well as all
trust land owned by the Tribe both on and off of its Reservation.
J. Transaction: Shall mean any transfer of any bagged, bottled,
boxed, canned or kegged alcoholic beverage, or the transfer of any
contents of any bagged, bottled, boxed, canned or kegged alcoholic
beverage from any liquor store, on-site dealer or vendor to any person.
K. Tribe: means the Shoalwater Bay Indian Tribe.
L. Tribal Court: means the Shoalwater Bay Tribal Court.
M. Tribal Council or Council: means the Shoalwater Bay Tribal
Council.
N. Trust land: means all land held in trust or restricted fee
status by the United States on behalf of the Shoalwater Bay Indian
Tribe.
O. Vendor: Shall mean any person employed or under the supervision
by and of a liquor store or on-site dealer who conducts sales or
transactions involving alcoholic beverages.
Chapter 10.2 Tribal Control of Alcoholic Beverages
Section 10.2.01 General Prohibition
It shall be a violation of Tribal law to manufacture for sale,
sell, offer, or keep for sale, possess, transport or conduct any
transaction involving any alcoholic beverage except in compliance with
the terms, conditions, limitations, and restrictions specified in this
Title.
Section 10.2.02 Tribal Control of Alcoholic Beverages
The Tribal Council shall have the sole and exclusive right to
authorize the importation of alcoholic beverages for sale or other
exchange or for the purpose of conducting transactions therewith, and
no person or organization shall so import any such alcoholic beverage
into the Shoalwater Bay Indian Country and into trust land, which
includes the Reservation and trust lands of the Tribe, wherever
situated, unless authorized by the Tribal Council.
Section 10.2.03 Regulatory Authority of Tribal Council
(a.) To promulgate rules and regulations governing the sale,
manufacture, distribution, licensing and possession of alcoholic
beverages on the Reservation;
(b.) To issue such licenses and permits as it deems appropriate
permitting the sale or manufacture or distribution of liquor, for
retail or wholesale, and to revoke such licenses;
(c.) To employ such managers, accountants, security personnel,
inspectors, and such other personnel as it shall determine necessary to
allow the Tribal Council to perform its functions;
(d.) To charter or create such tribal enterprises, divisions,
corporations or other entities as it shall determine necessary to sell,
possess, manufacture, or exchange alcoholic beverages as provided in
Chapter 10.3 hereunder and elsewhere in Tribal law;
(e.) To do all other things necessary and proper to fulfill this
Title and duties, rights and responsibilities it has hereunder.
Chapter 10.3 Tribal Liquor Store Enterprise
Section 10.3.01 Tribal Liquor Enterprise
In addition to any other licensed outlets under Chapter 10.4 of
this Code, the Council may establish and maintain anywhere within the
Shoalwater Bay Indian Country that the Council may deem advisable, a
Tribal liquor store or stores for the retail sale or wholesale of
alcoholic beverages in accordance with the provisions of this Title.
The Council may set the prices of alcoholic beverages sold by any
Tribal liquor store and may set such other regulations as it deems
appropriate to regulate the store.
Chapter 10.4 Liquor Licenses and Permits
Section 10.4.01 Retail License
The Council may issue a license or licenses to establish and
maintain anywhere within the Shoalwater Bay Indian Country that the
Council may deem advisable, a retail establishment or establishments
for storage and on-site consumption of alcoholic beverages in
accordance with the provisions of this Title. The Council may set the
prices of alcoholic beverages sold by these on-site dealers.
Section 10.4.02 Grocery License
The Tribal Council may issue a license or licenses to establish and
maintain anywhere within the Shoalwater Bay Indian Country that the
Council may deem advisable, a grocery or groceries for storage and sale
of alcoholic beverages in accordance with the provisions of this Title.
The Council may set the prices of alcoholic beverages sold by these
groceries.
Section 10.4.03 Special Occasion License
The Council may issue a license or licenses for the consumption of
alcoholic beverages at special events at specific times and places and
under such conditions as it may deem appropriate by regulation. Such
special events may include but not be limited to banquets, fund
raisers, and private parties.
Section 10.4.04 Wholesale License
The Council may issue a license or licenses to establish and
maintain anywhere within the Shoalwater Bay Indian Country that the
Council may deem advisable, an establishment for the sale or
distribution of alcoholic beverages at wholesale in accordance with the
provisions of this Title. The Council may set the prices of alcoholic
beverages sold by these distributors.
[[Page 25481]]
Section 10.4.05 Other Licenses and Permits
The Council may issue such other licenses and permits for alcohol
or alcoholic beverages as it deems appropriate. Such additional
licenses and permits may be issued pursuant to tribally issued
regulations determining the terms and conditions as the Council may
determine.
Section 10.4.06 Regulation and Control
Section 10.4.06.1
Applications for licenses or permits shall be subject to such
conditions, fees and restrictions on these licenses or permits as the
Council shall deem appropriate. Applications shall be submitted on the
prescribed form to the Council or its authorized employees. The Council
may, at its sole discretion and subject to the conditions of this Code
and other tribal laws and regulations, issue or refuse to issue any
license permit upon payment of the prescribed fee.
Section 10.4.06.2
For the purpose of considering any application for a license or
permit, the Council may cause an inspection of the premises to be made
and may inquire into all matters with the construction and operation of
the premises.
Section 10.4.06.3
No license shall be issued to:
(a.) A person who is not a member of the Shoalwater Bay Indian
Tribe;
(b.) A partnership entity unless each partner is qualified to
obtain a license, as provided in this section;
(c.) A corporation or other entity unless all shareholders or
owners are members of the Tribe;
(d.) A person whose place of business is conducted by a manager or
agent, unless such manager or agent is also an enrolled member of the
Tribe;
(e.) A person who has been convicted of a felony within five years
prior to filing his or her application;
(f.) A person who has been convicted of a violation of any federal,
state or tribal law concerning the manufacture, possession or sale of
alcoholic beverages within the last five years or has forfeited his or
her bond to appear in court within the preceding five years to answer
charges for such violation; or
(g.) A person who is less than twenty-one years of age.
In conformity with State and federal law, the requirements of
subparagraphs (a) through (f) may be waived by the Tribal Council for
special occasion licenses.
Section 10.4.06.4
Every license shall be issued in the name of the applicant and no
license shall be transferable, nor shall the holder thereof allow any
other person to use the license.
Section 10.4.06.5
Before the Council shall issue any license, notice of the
application shall be posted in public places and comments shall be
received on the application for period of twenty (20) days at the
Shoalwater Bay Tribal office.
Section 10.4.06.6
Before the Council shall issue any license it shall give due
consideration to the location of the business.
Section 10.4.06.7
All licenses issued by the Tribe shall be posted in a conspicuous
place on the licensed premises.
10.4.06.8 Inspection Following License
(a.) All licensed premises used in the storage or sale of alcoholic
beverages, or any premises or parts of premises used or in any way
connected, physically or otherwise, with the licensed business, shall
at all times be open to inspection by any tribal inspector or tribal
police officer authorized by the Council to do such inspection.
(b.) Every person, being on any such premises and having charge
thereof, who refuses to admit a tribal inspector or tribal police
officer demanding to enter therein pursuant to authority herein, or who
obstructs or attempts to obstruct the entry of such inspector or tribal
police officer, or who refuses to allow the inspector to examine the
books of the licensee, or who refuses to or neglects to make any return
required by this Code or the regulations passed pursuant thereto, shall
be deemed to be in violation of this Code.
10.4.06.9 Suspension and Cancellation
(a.) The Council may, for violation of this Code, suspend or cancel
any license or permit; and all rights to keep or sell alcoholic
beverages thereunder shall be suspended or terminated as the case may
be.
(b.) Prior to cancellation or suspension, the Council shall send
notice of its intent to cancel or suspend to the licensee or permit
holder. A license or a permit is a privilege and no person shall have a
vested right to one. The Council shall give at least ten (10) day's
notice of such cancellation or suspension. The licensee shall have the
right, prior to cancellation or suspension date, to apply to the Tribal
Court for a hearing to determine whether the license was rightfully
suspended or cancelled. The sovereign immunity of the Shoalwater Bay
Tribe is waived for this hearing to seek declaratory and injunctive
relief; provided that this waiver shall not waive sovereign immunity to
allow the award of money damages, attorney fees or cost against the
Tribe nor to grant any other relief other than a declaratory and
injunctive relief nor shall it be construed to waiver sovereign
immunity for suit in any court other than Tribal Court. This waiver
shall not apply to a denial of an application for a license nor to a
refusal to renew an expired license.
10.4.06.10 Expiration of License
No license or permit shall be for a period longer than a year and
may be for a shorter period at the discretion of the Tribe. Unless
sooner cancelled, every license or permit issued by the Council shall
expire at midnight on the last day of the Tribal fiscal year. Licenses
issued less than six months before that date shall only cost one-half
of the annual fee.
Chapter 10.5 State of Washington Licenses and Agreements
Section 10.5.01 State of Washington Licenses and Agreements
The Tribe may negotiate at its discretion an agreement with the
State of Washington or obtain a State of Washington liquor license or
licenses for any purpose including any tribally operated establishment
that sells alcoholic beverages or conducts transactions involving
alcoholic beverages to allow the Tribe or its licensees to sell liquor
in Shoalwater Bay Indian Country or within trust land under the Tribe's
control.
Chapter 10.6 Disputes; Violations; Penalties
Section 10.6.01 Disputes with Licensees; Violations; Penalties;
Exclusive Tribal Court Jurisdiction
Any disputes or violations that arise under this Title shall be
resolved by mediation or by a suit in Tribal Court, which shall have
exclusive civil and criminal jurisdiction for actions arising under or
to enforce this Title.
Chapter 10.7
Section 10.07.01 Applicability of State Law
The Council and its agents shall act in conformity with Washington
State laws regarding the liquor transactions to the extent required by
applicable federal law, including 18 U.S.C. Sec. 1161.
[[Page 25482]]
Chapter 10.8 Illegal Activities
Section 10.8.01 Persons Under 21 Years of Age: Restrictions
(a.) No person under the age of 21 years shall purchase or possess
alcoholic beverages in any establishment operating pursuant to the
provisions of this Title.
(b.) No person shall permit any other person under the age of 21 to
consume liquor on his premises or any premises under their control
except in those situations set out in this section. Any person
violating this section shall be guilty of a separate violation of this
Title for each and every drink so consumed.
(c.) Any person who shall sell or provide any liquor to any person
under the age of 21 years shall be guilty of a violation of this Title
for each such sale or drink provided.
(d.) Any person who transfers in any manner an identification of
age to a person under the age of 21 years for the purpose of permitting
such person to obtain liquor shall be guilty of an offense, provided
that corroborative testimony of a witness other than the underage
person shall be a requirement of finding a violation of this Title.
(e.) Any person who attempts to purchase an alcoholic beverage
through the use of false or altered identification which falsely
purports to show the individual to be over the age of 21 years shall be
guilty of violating this Title.
Section 10.8.02 Restrictions on Intoxicated Persons
No Tribally operated or licensed establishment shall sell, give, or
furnish any alcoholic beverage or in any way allow any alcoholic
beverage to be sold, given or furnished to a person who is obviously
intoxicated.
Section 10.8.03 Hours and Days of Sale
No Tribally operated or licensed establishment shall sell or
furnish alcoholic beverages for on-site purposes during hours or on
days not in compliance with applicable law.
Section 10.8.04 Illegal Sales or Purchase
(a.) Any person who shall sell or offer for sale or distribute or
transport in any manner, liquor in violation of this Title, or who
shall operate or shall have liquor for sale in their possession without
a license, shall be guilty of a violation of this Title subjecting them
to civil fines assessed by the Tribal Council;
(b.) Any person within the boundaries of the reservation or trust
land of the Tribe who buys liquor from any person other than a properly
licensed facility or the Tribal Enterprise shall be guilty of a
violation of this Title;
(c.) Any person who keeps or possesses liquor upon their person or
in any place or on premises conducted or maintained by their principal
or agent with the intent to sell or distribute it contrary to the
provisions of this Title, shall be guilty of a violation of this Title;
(d.) Any person engaging wholly or in part in the business of
carrying passengers for hire, and every agent, servant, or employee of
such person, who shall knowingly permit any person to drink liquor in
any public conveyance, shall be guilty of an offense under this Title.
Any person who shall drink liquor in a public conveyance shall be
guilty of a violation of this Title.
Section 10.8.06 Identification
When requested by the provider of liquor, any person shall be
required to present official documentation of the bearer's age,
signature, and photograph. Official documentation includes one of the
following:
(a.) Valid driver's license, identification, or enrollment card
issued by any Tribe or State department of motor vehicles;
(b.) United States Active Duty Military Identification;
(c.) Liquor control authority card of identification of any state;
or
(d.) Passport.
Section 10.8.07 Contraband
(a.) Liquor, which is possessed, including for sale, contrary to
the terms of this Title is declared to be contraband. Any Tribal agent,
employee or officer who is authorized by the Tribal Council to enforce
this section shall seize all contraband and preserve it in accordance
with the provisions established for the preservation of impounded
property; and
(b.) Upon being found in violation of the Title, the party shall
forfeit all right, title and interest in the items seized which shall
become the property of the Tribe.
Section 10.8.08 Tribal Liquor Stamp
(a.) No liquor, other than beer and wine, sold pursuant to a Tribal
license shall be sold on the Shoalwater Bay Indian Reservation, in
Shoalwater Bay Indian Country or on trust land unless there shall be
affixed a stamp of the Shoalwater Bay Tribal Council.
Any sales made in violation of this provision shall be remedied as
set out in this Title. All liquor other than beer and wine sold
pursuant to a Tribal license not so stamped, which is sold or held for
sale, is hereby declared contraband and, in addition to any penalties
imposed by the Court in violation of this section, it may be
confiscated and forfeited in accordance with procedures herein.
(b.) No person other than an employee of the Tribe shall keep or
have in his or her possession any legal seal prescribed under this Code
unless the same is attached to a package which has been purchased from
a tribal liquor outlet, nor shall any person keep or have in his or her
possession any design in imitation of any official seal prescribed
under this Code or calculated to deceive by its resemblance to any
official seal or any paper upon which such design is stamped, engraved,
lithographed, printed or otherwise marked. Any person violating this
provision shall be in violation of this Title.
Section 10.8.09 Defense to Action for Sale to Minors
It shall be a defense to a suit for serving alcoholic beverages to
a person under twenty-one years of age if such a person has presented a
card of identification.
(a.) In addition to the presentation by the holder and verification
of such card of identification, the seller shall require the person
whose age may be in question to sign a card and place a date and number
of this card of identification thereon. Such statement shall be upon a
five-inch by eight-inch file card, which card shall be filed
alphabetically by the licensee at or before the close of business on
the day on which the statement is executed, in the file box contained
containing a suitable alphabetical index and the card shall be subject
to examination by any tribal peace officer or employee of the Tribe at
all times.
(b.) Such card in the possession of a licensee may be offered as
defense in any hearing by the Tribal Court for serving liquor to the
person who signed the card and may be considered by the Court as
evidence that the licensee acted in good faith.
Section 10.8.10 Civil Fines
Any person guilty of a violation of this Title or any regulation
shall be liable to pay the Tribe the amount of $500 per violation plus
costs as civil damages to defray the Tribe's cost of enforcement of
this Title when there is no other penalty specifically provided.
Section 10.8.11 Enforcement
(a.) In any proceeding under this Title, conviction of one unlawful
sale or distribution of liquor shall establish prima facie intent of
unlawfully keeping
[[Page 25483]]
liquor for sale, selling liquor or distributing liquor in violation of
this Title.
(b.) The Shoalwater Bay Tribal Court shall have jurisdiction over
any case brought by the Tribe for violations of this Code. The Tribal
Court may, in addition to the above penalty, grant to the Tribe such
other relief as may be necessary and proper for the enforcement of this
Code, including but not limited to injunctive relief against acts in
violation of this Code.
Section 10.8.12 Abatement
(a.) Any room, house, building, vehicle, structure, or other place
where liquor is sold, manufactured, bartered, exchanged, given away,
furnished, or otherwise disposed of in violation of the provisions of
this Title or of any other Tribal law relating to the manufacture,
importation, transportation, possession, distribution, and sale of
liquor, and all property kept in and used in maintaining such place, is
hereby declared to be a nuisance;
(b.) The Chairman of the Tribal Council or, if the Chairman fails
or refuses to do so, by a majority vote, the Tribal Council may
institute and maintain an action in the name of the Tribe to abate and
perpetually enjoin any nuisance declared under this Title. The Tribe
shall not be required to give bond to maintain this action. In addition
to all other remedies at Tribal law, the Tribal Court may also order
the room, house, building, vehicle, structure, or place closed for a
period of one (l) year or until the owner, lessee, tenant, or occupant
thereof shall give bond of sufficient sum of not less than $25,000
payable to the Tribe and on the condition that liquor will not be
thereafter manufactured, kept, sold, bartered, exchanged, given away,
furnished, or otherwise disposed of thereof in violation of the
provisions of this Title or of any other applicable Tribal law and that
they will pay all fines, costs and damages assessed against them for
any violation of this Title. If any conditions of the bond be violated,
the bond may be recovered for the use of the Tribe; and
(c.) In all cases where any person has been found in violation of
this Title relating to the manufacture, importation, transportation,
possession, distribution, and sale of liquor, an action may be brought
to abate as a nuisance any real estate or other property involved in
the violation of the Title and violation of this Title shall be prima
facie evidence that the room, house, building, vehicle, structure, or
place against which such action is brought is a public nuisance.
Chapter 10.9 Tribal Taxation
Section 10.9.01 Taxation
(a.) The power to levy taxes under the provisions of this Title is
vested exclusively with the Tribal Council.
(b.) All revenues received, funds collected, and property acquired
by the Shoalwater Bay Tribal Council or by the Shoalwater Bay Tribal
Enterprise pursuant to this Code shall be the property of the
Shoalwater Bay Indian Tribe. The net proceeds shall be paid through the
tribal treasurer in the general tribal fund of the Shoalwater Bay
Indian Tribe for the general governmental services of the Tribe. The
Tribe reserves the right to enter into any agreement with the State of
Washington related to taxation in lieu of, or in addition to, this
Chapter 10.9, as the Tribe deems necessary.
Section 10.9.02 Liquor Sales Excise Tax
(a.) There is hereby levied and shall be collected a tax upon each
sale of liquor, except beer and wine, whatever package or container, in
the amount of three (3) cents per fluid ounce or fraction thereof
contained in such package or container.
(b.) There is hereby levied and shall be collected a tax upon each
sale of beer or wine in the amount of five percent (5%) of the selling
price.
(c.) These excise taxes shall be added to the sale price of the
liquor sold and shall be paid by the buyer to the Shoalwater Bay Liquor
Enterprise or the licensed or permitted tribal seller who shall collect
the same and hold those taxes in trust until collected by the
Shoalwater Bay Tribal treasurer. The taxes provided for herein shall be
the only taxes applicable to the activities of the Shoalwater Bay
Liquor Enterprise.
(d.) All tax revenues shall be transferred to the Tribal treasurer
for deposit in the tribal tax fund for the benefit of the Shoalwater
Bay Indian Tribe. In appropriating from those tax revenues, the Council
shall give priority to:
(1.) Strengthening tribal government which shall include but not be
limited to strengthening tribal court and law enforcement systems and
the system for administering and enforcing this Code.
(2.) Fire protection, roads, and water and sewage services.
(3.) Health, education, and other social services, and land
acquisition and development needs. The Council shall have the sole
discretion to determine which of the above priorities shall receive an
appropriation and the amount of the appropriation for a given priority.
(e.) The Enterprise and retail licensees shall keep such records
required by the Tribal treasurer to determine the amount of taxes owing
and shall complete the tax returns in accordance with instructions from
the Tribal treasurer.
(f.) Amendments to the amounts and types of taxes levied on the
sale of liquor may be made from time to time by regulation by the
Shoalwater Bay Tribal Council.
Chapter 10.10 Construction
Section 10.10.01 Severability
If any part of this Title or the application thereof to any party,
person, or entity or to any circumstances shall be held invalid for any
reason whatsoever, the remainder of the Title shall not be affected
thereby, and shall remain in full force and effect as though no part
thereof had been declared to be invalid.
Section 10.10.02 Amendment or Repeal of Title
This Title may be amended or repealed by a majority vote of the
Tribal Council.
Section 10.10.03 Sovereign Immunity
Nothing in this Title is intended to nor shall be construed as a
waiver of the sovereign immunity of the Shoalwater Bay Indian Tribe
except as provided in section 10.04.06.9 above.
Section 10.10.04 Effective Date
This Title shall be effective upon the thirtieth (30th) day after
the Secretary of the Interior certifies this Title and publishes it in
the Federal Register.
Section 10.10.05 Jurisdiction
Notwithstanding anything in this Title to the contrary, nothing
herein is intended to nor shall be construed as a grant of jurisdiction
from the Shoalwater Bay Indian Tribe to the State of Washington beyond
that provided expressly by applicable law. The Tribe shall operate in
conformity with State law and Tribal law to the extent required
pursuant to 18 U.S.C. Sec. 1161.
[FR Doc. 2018-11839 Filed 5-31-18; 8:45 am]
BILLING CODE 4337-15-P
