Ewiiaapaayp Band of Kumeyaay Indians Liquor Control Ordinance, 15630-15633 [2019-07466]
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15630
Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA) Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by 25 CFR
293.4, all compacts and amendments are
subject to review and approval by the
Secretary. The Amendment modifies the
definition of Video Lottery Terminal
(VLT) and requires the Tribal Gaming
Commission to develop and submit
internal controls for the State’s approval
prior to offering a new VLT for play.
The Amendment is approved.
Dated: March 13, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs.
Dated: March 13, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. 2019–07490 Filed 4–15–19; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
BILLING CODE 4337–15–P
AGENCY:
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice announces that
the Amendment to the Forest County
Potawatomi Community of Wisconsin
and the State of Wisconsin Class III
Gaming Compact is taking effect.
DATES: This compact amendment takes
effect on April 16, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA) Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by 25 CFR
293.4, all compacts and amendments are
subject to review and approval by the
SUMMARY:
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Interior.
Notice.
[190A2100DD/AAKC001030/
A0A501010.999900]
This notice publishes the
approval of the Fifth Amendment to the
Tribal-State Compact for Class III
Gaming between the Muckleshoot
Indian Tribe and the State of
Washington.
DATES: This compact takes effect on
April 16, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
SUPPLEMENTARY INFORMATION: Under
section 11 of the Indian Gaming
Regulatory Act (IGRA), Pub. L. 100–497,
25 U.S.C. 2701 et seq., the Secretary of
the Interior shall publish in the Federal
Register notice of approved Tribal-State
compacts for the purpose of engaging in
Class III gaming activities on Indian
lands. As required by 25 CFR 293.4, all
compacts and amendments are subject
to review and approval by the Secretary.
The Amendment prohibits cash
dispensing machines at the Tribe’s
gaming facilities from accepting
Electronic Benefits Cards, increases the
Tribe’s allocation of Player Terminals,
specifies the calculation and payment of
regulatory reimbursement costs to the
State, and allocates funds to alleviate
problem gambling and encourage
smoking cessation and prevention. The
Amendment also incorporates as part of
Ewiiaapaayp Band of Kumeyaay
Indians Liquor Control Ordinance
SUMMARY:
Indian Gaming; Tribal-State Class III
Gaming Compact Taking Effect in the
State of Wisconsin
VerDate Sep<11>2014
Bureau of Indian Affairs,
ACTION:
[190A2100DD/AAKC001030/
A0A501010.999900253G]
Dated: February 7, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs.
BILLING CODE 4337–15–P
[FR Doc. 2019–07488 Filed 4–15–19; 8:45 am]
Bureau of Indian Affairs
the compact Appendix X2 Addendum
Tribal Lottery System Terminal
Allocations, which governs the total
number of available Tribal Lottery
Terminals, provides procedures for
increasing the available allocations, and
outlines dispute resolution procedures
relating to the number of Tribal Lottery
Terminals. The Secretary took no action
on the compact between the
Muckleshoot Indian Tribe and the State
of Washington within 45 days of its
submission. Therefore, the Compact is
considered to have been approved, but
only to the extent the Compact is
consistent with IGRA. See 25 U.S.C.
2710(d)(8)(C).
[FR Doc. 2019–07473 Filed 4–15–19; 8:45 am]
[190A2100DD/AAKC001030/
A0A501010.999900253G]
Indian Gaming; Approval of TribalState Class III Gaming Compact
Amendment in the State of Washington
DEPARTMENT OF THE INTERIOR
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Secretary. The Secretary took no action
on the Amendment to the Forest County
Potawatomi Community of Wisconsin
and State of Wisconsin Class III Gaming
Compact within 45 days of its
submission. Therefore, the Amendment
to the Compact is considered to have
been approved, but only to the extent it
is consistent with IGRA. See 25 U.S.C.
2710(d)(8)(C).
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Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
Liquor Control Ordinance of the
Ewiiaapaayp Band of Kumeyaay
Indians. The Liquor Control Ordinance
regulates and controls the possession,
sale, manufacture, and distribution of
alcohol in conformity with the laws of
the State of California.
DATES: This ordinance shall take effect
May 16, 2019.
FOR FURTHER INFORMATION CONTACT: Mr.
Harley Long, Tribal Government Officer,
Pacific Regional Office, Bureau of
Indian Affairs, 2800 Cottage Way, Room
W–2820, Sacramento, California 95825,
Telephone: (916) 978–6000, Fax: (916)
978–6099.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor control
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Ewiiaapaayp Band of Kumeyaay
Indians duly adopted Title 513,
Ewiiaapaayp Band of Kumeyaay Indians
SUMMARY:
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
Liquor Control Ordinance on May 9,
2018.
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 Ewiiaapaayp Band of
Kumeyaay Indians, California, duly
adopted Title 513, Ewiiaapaayp Band of
Kumeyaay Indians Liquor Control
Ordinance, on May 9, 2018.
Dated: November 9, 2018.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
The Ewiiaapaayp Band of Kumeyaay
Indian’s Title 513, Ewiiaapaayp Band of
Kumeyaay Indians Liquor Control
Ordinance shall read as follows:
TITLE 513
EWIIAAPAAYP Band of Kumeyaay
Indians Liquor Control Ordinance
Chapter One
General Provisions
Article 1. Authority
513.01.1 This Ordinance is enacted
pursuant to the Act of August 15, 1953
(Pub. L. 83–277, 67 Stat. 586, 18 U.S.C.
1161) and by powers vested in the
General Council of the Ewiiaapaayp
Band of Kumeyaay Indians (‘‘General
Council’’) to develop, adopt and enforce
ordinances as authorized under Article
VI, Section 1 of the Constitution of the
Ewiiaapaayp Band of Kumeyaay Indians
approved on December 19, 1973 and
amended on September 6, 2002.
Article 2. Purpose
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513.01.2 The purpose of this
Ordinance is to regulate and control the
possession, sale, manufacture,
distribution and taxation of liquor
within Tribal Trust Lands, in order to
permit alcohol sales by tribally owned
and operated enterprises and private
lessees, and at tribally approved special
events. Enactment of a liquor control
ordinance will help provide a source of
revenue to fund the continued operation
of the tribal government, the delivery of
governmental services, the economic
viability of tribal enterprises, and to
fund health, safety and general welfare
programs and services provided to
Tribal citizens and residents of and
visitors to land within the Tribe’s
territorial jurisdiction.
Article 3. Short Title
513.01.3 This Ordinance shall be
known and cited as the ‘‘Liquor Control
Ordinance.’’
Article 4. Jurisdiction
513.01.4 This Ordinance shall apply
to all Tribal Trust Lands now or in the
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future under the governmental authority
of the Tribe.
Article 5. Application of 18 U.S.C. 1161
513.01.5 (a) By adopting this
Ordinance, the Tribe hereby regulates
the sale, manufacturing, distribution,
and consumption of liquor while
ensuring that such activity conforms
with all applicable laws of the State of
California as required by 18 U.S.C. 1161
and the United States.
(b) (1) This Ordinance 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 Tribal Trust Lands.
(3) Any individual, person or entity
who resides, conducts business, engages
in a business transaction, receives
benefits from the Tribe, acts under tribal
authority, or enters the Tribe’s Tribal
Lands shall be deemed to have
consented to the following:
(i) To be bound by the terms of this
Ordinance;
(ii) To the exercise of the jurisdiction
of the Tribe’s Tribal Court for legal
actions arising pursuant to this
Ordinance; and
(iii) To service of summons and
process, and search and seizure, in
conjunction with legal actions arising
pursuant to this Ordinance.
(4) No portion of this Ordinance shall
be construed as contrary to Federal law.
Article 6. Declaration of Public Policy;
Findings
513.01.6 The General Council enacts
this Ordinance, based upon the
following findings:
(a) The distribution, possession,
consumption and sale of liquor on
Tribal Trust Lands is a matter of special
concern to the Tribe.
(b) The Tribe is the beneficial owner
of Tribal Trust Lands, upon which the
Tribe plans to construct and operate a
gaming facility and related
entertainment and lodging facilities.
(c) The Tribe’s gaming facility will
serve as an integral and indispensable
part of the Tribe’s economy, providing
revenue to the Tribe’s government and
employment to tribal citizens and others
in the local community.
(d) Federal law, as codified at 18
U.S.C. 1154 and 1161, currently
prohibits the introduction of liquor into
Indian country, except in accordance
with State law and the duly enacted law
of the Tribe.
(e) The Tribe recognizes the need for
strict control and regulation of liquor
transactions on Tribal Trust Lands
because of potential problems
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associated with the unregulated or
inadequate regulated sale, possession,
distribution, and consumption of liquor.
(f) Regulating the possession, sale,
distribution and manufacture of liquor
within Tribal Trust Lands is also
consistent with the Tribe’s interest in
ensuring the peace, safety, health, and
general welfare of the Tribe and its
citizens.
(g) Tribal control and regulation of
liquor on Tribal Trust Lands is
consistent with the Tribe’s custom and
tradition of controlling the possession
and consumption of liquor on Tribal
Trust Lands and at tribal events.
(h) The purchase, distribution, and
sale of liquor on Tribal Trust Lands
shall take place only at duly licensed (i)
tribally owned enterprises, (ii) other
enterprises operating pursuant to a lease
or license with the Tribe, and (iii)
tribally-sanctioned events.
(i) The sale or other commercial
manufacture or distribution of liquor on
Tribal Trust Lands, other than sales,
manufacture, and distributions made in
strict compliance with this Ordinance,
is detrimental to the health, safety, and
general welfare of the citizens of the
Tribe, and is prohibited.
Chapter Two
Definitions
Article 1. Definitions
513.02.1 All definitions of the
Tribe’s Tribal Code Title 001 ‘‘Tribal
Code Definitions’’ apply herein unless
the terms are otherwise defined in this
Ordinance. For purposes of this
Ordinance, whenever any of the
following words, terms or definitions is
used herein, they shall have the
meaning ascribed to them in this
Subchapter:
As used in this Ordinance, the terms
below are defined as follows:
(a) Alcohol means ethyl alcohol,
hydrated oxide of ethyl, or spirit of
wine, in any form, and regardless of
source or the process used for its
production.
(b) Alcoholic beverage means all
alcohol, spirits, liquor, wine, beer and
any liquid or solid containing alcohol,
spirits, liquor, wine, or beer, and which
contains one-half of one percent or more
of alcohol by volume and that is fit for
human consumption, either alone or
when diluted, mixed, or combined with
any other substance(s).
(c) Compact means the Tribal-State
compact between the State and the
Tribe that governs the conduct of class
III gaming activities on that portion of
the Tribal Trust Lands recognized as
‘‘Indian lands’’ pursuant to the Indian
Gaming Regulatory Act, 25 U.S.C. 2701,
et seq.
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Federal Register / Vol. 84, No. 73 / Tuesday, April 16, 2019 / Notices
(d) Indian Country, consistent with
the meaning given in 18 U.S.C. 1151
means: (a) All land within the limits of
the Ewiiaapaayp 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.
(e) License means, unless otherwise
stated, a license issued by the Tribe in
accordance with this Ordinance.
(f) 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.
(g) Malt beverage or malt liquor 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
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.’’
(h) Manufacturer means a person
engaged in the preparation and
manufacturing of liquor for sale, in any
form whatsoever.
(i) Person means any individual or
entity, whether Indian or non-Indian,
receiver, assignee, trustee in
bankruptcy, trust, estate, firm,
corporation, partnership, joint
corporation, association, society, or any
group of individuals acting as a unit,
whether mutual, cooperative, fraternal,
non-profit or otherwise, and any other
Indian tribe, band or group. The term
shall also include the businesses of the
Tribe.
(j) Sale and sell means the transfer for
consideration of any kind, including by
exchange or barter.
(k) State means the State of California.
(l) Territory means the term defined in
the Tribe’s Tribal Code of Title 001
§ 001.02.66. and Title 100 § 100.01.1.D.
wherein ‘‘Territory’’ is defined by
Article II—Territory of the Tribe’s
Constitution, as amended, such that the
territorial jurisdiction of the Tribe, is
defined as all land within the exterior
boundaries of the Ewiiaapaayp Indian
Reservation, all land within the limits of
dependent Ewiiaapaayp Indian
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communities, all Ewiiaapaayp Indian
allotments, all land owned in fee by the
Tribe, and all other land held in trust
for, owned in fee by, or leased by the
United States to the Tribe.’’
(m) Tribal retailer means a liquor
retailer wholly owned by the
Ewiiaapaayp Band of Kumeyaay Indians
and located on its Tribal Trust Lands.
(n) 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.
(o) Tribe means the term defined in
the Tribe’s Tribal Code of Title 001
§ 001.01.1.51. wherein, Tribe means the
‘‘Ewiiaapaayp Band of Kumeyaay
Indians, formerly known as the
Cuyapaipe Band of Mission Indians or
the Cuyapaipe Community of the
Diegueno Mission Indians of the
Cuyapaipe Reservation, California, a
federally recognized Indian Tribe
organized under § 16 of the Indian
Reorganization Act, 25 U.S.C. 476, et
seq., (48 Stat. 984) its enterprises,
subdivisions, and departments, and its
agents acting within the scope of their
authority.’’
Chapter Three Liquor Sales,
Possession, & Manufacture
Article 1. Possession of Alcohol
513.03.1 The introduction and
possession of alcoholic beverages shall
be lawful within Tribal Trust Lands;
provided that such introduction or
possession is in conformity with the
laws of the State.
Article 2. Retail Sales of Alcohol
513.03.2 The sale of alcoholic
beverages shall be lawful within Tribal
Trust Lands; provided that such sales
are in conformity with the laws of the
State and are made pursuant to a license
issued by the Tribe.
Article 3. Manufacture of Alcohol
513.03.3 The manufacture of beer
and wine shall be lawful within Tribal
Trust Lands, provided that such
manufacture is in conformity with the
laws of the State and pursuant to a
license issued by the Tribe.
Article 4. Age Limits
500.03.4 The legal age for possession
or consumption of alcohol within Tribal
Trust Lands shall be the same as that of
the State, which is currently 21 years.
No person under the age of 21 years
shall purchase, possess or consume any
alcoholic beverage. If there is any
conflict between State law and the terms
of the Compact regarding the age limits
for alcohol possession or consumption,
the age limits in the Compact shall
govern for purposes of this Ordinance.
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Chapter Four
Licensing
Article 1. Licensing
513.04.1 The Tribe’s General
Council shall have the power to
establish procedures and standards for
tribal licensing of liquor sales within
Tribal Trust Lands, including the setting
of a license fee schedule, and shall have
the power to publish and enforce such
standards; provided that no tribal
license shall issue except upon showing
of satisfactory proof that the applicant is
duly licensed by the State. The fact that
an applicant for a tribal license
possesses a license issued by the State
shall not provide the applicant with an
entitlement to a tribal license. The
General Council may in its discretion
set standards which are more, but in no
case less, stringent than those of the
State.
Chapter Five
Enforcement
Article 1. Enforcement
513.05.1 The General 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 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 General Council shall have the
authority to enforce this Ordinance by
confiscating any liquor sold, possessed,
distributed, manufactured, or
introduced within Tribal Trust Lands in
violation of this Ordinance or of any
regulations duly adopted pursuant to
this Ordinance.
The General 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 the authority to take any or all
of the foregoing actions on its behalf.
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Chapter Six
managed or operated by a member of the
Tribe.
Taxes
Article 1. Taxation
513.06.1 The Tribe expressly
reserves its inherent sovereign right to
regulate the use and sale of liquor
through the imposition of tribal taxes
thereon. The General Council 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 General Council through
independent action. The Tribe retains
the right to impose such taxes by
appropriate ordinance to the full extent
permitted by Federal law.
Chapter Seven
Administration
Article 1. License Required of Tribal
Retailers and Tribally-Licensed Retailers
513.07.1 Every person engaging in
the business of selling, manufacturing,
or distributing liquor within the Tribe’s
Tribal Trust Lands, including but not
limited to a brewery, shall secure a
business license from the Tribe in the
manner provided for by Title 513
(‘‘Business License Standards Code’’)
and otherwise comply with all
provisions of Title 513.
Article 2. Prohibitions
513.07.2 (a) The manufacture,
purchase, sale, and dealing in liquor
within Tribe’s Tribal Trust Lands by any
person, party, firm, or corporation
except pursuant to the control,
licensing, and regulation of the General
Council, 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).
(b) Every person engaging in the
business of manufacturing, distributing
or selling liquor within the Tribe’s
Tribal Trust Lands shall comply with
the applicable provisions of the Tribe’s
Law and Order Code.
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Article 3. Nondiscrimination
513.07.3 No provision of this
Ordinance shall be construed as
imposing a regulation or tax that
discriminates on the basis of whether a
retail liquor establishment is owned,
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Chapter Eight
Provisions
15633
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Miscellaneous
Article 1. Sovereign Immunity
Preserved
513.08.1 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.
Article 2. Conformance With Applicable
Laws
513.08.2 All acts and transactions
under this Ordinance shall be in
conformity with the Compact and laws
of the State to the extent required by 18
U.S.C. 1161 and with all Federal laws
regarding alcohol in Indian Country.
Article 3. Effective Date
513.08.3 This Ordinance shall be
effective as of the date on which the
Secretary of the Interior certifies this
Ordinance and publishes the same in
the Federal Register.
Article 4. Repeal of Prior Acts
513.08.4 All prior enactments of the
Tribal Council, including tribal
resolutions, policies, regulations, or
ordinances pertaining to the subject
matter set forth in this Ordinance are
hereby rescinded.
Article 5. Amendments
513.08.5 This Ordinance may only
be amended pursuant to an amendment
duly enacted by the General Council
and certification by the Secretary of the
Interior and publication in the Federal
Register, if required.
Article 6. Severability and Savings
Clause
513.08.6 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.
[190A2100DD/AAKC001030/
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Indian Gaming; Approval of TribalState Class III Gaming Compact
Amendment in the State of Oklahoma
AGENCY:
Bureau of Indian Affairs,
Interior.
ACTION:
Notice.
The State of Oklahoma
entered into a compact amendment with
the Modoc Tribe of Oklahoma governing
certain forms of class III gaming; this
notice announces the approval of the
Model Tribal Gaming Compact
Supplement between the Modoc Tribe
and State of Oklahoma.
SUMMARY:
The compact amendment takes
effect on April 16, 2019.
DATES:
Ms.
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
(202) 219–4066.
FOR FURTHER INFORMATION CONTACT:
Under
section 11 of the Indian Gaming
Regulatory Act (IGRA) Public Law 100–
497, 25 U.S.C. 2701 et seq., the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. As required by IGRA
and 25 CFR 293.4, all compacts and
amendments are subject to review and
approval by the Secretary. The compact
amendment authorizes the Tribe to
engage in certain additional class III
gaming activities, provides for the
application of existing revenue sharing
agreements to the additional forms of
class III gaming, and designates how the
State will distribute revenue sharing
funds.
SUPPLEMENTARY INFORMATION:
Dated: January 29, 2019.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs.
[FR Doc. 2019–07466 Filed 4–15–19; 8:45 am]
[FR Doc. 2019–07471 Filed 4–15–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 73 (Tuesday, April 16, 2019)]
[Notices]
[Pages 15630-15633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07466]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900]
Ewiiaapaayp Band of Kumeyaay Indians Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Liquor Control Ordinance of the
Ewiiaapaayp Band of Kumeyaay Indians. The Liquor Control Ordinance
regulates and controls the possession, sale, manufacture, and
distribution of alcohol in conformity with the laws of the State of
California.
DATES: This ordinance shall take effect May 16, 2019.
FOR FURTHER INFORMATION CONTACT: Mr. Harley Long, Tribal Government
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800
Cottage Way, Room W-2820, Sacramento, California 95825, Telephone:
(916) 978-6000, Fax: (916) 978-6099.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor control ordinances for the purpose of regulating
liquor transactions in Indian country. The Ewiiaapaayp Band of Kumeyaay
Indians duly adopted Title 513, Ewiiaapaayp Band of Kumeyaay Indians
[[Page 15631]]
Liquor Control Ordinance on May 9, 2018.
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 Ewiiaapaayp Band of Kumeyaay Indians,
California, duly adopted Title 513, Ewiiaapaayp Band of Kumeyaay
Indians Liquor Control Ordinance, on May 9, 2018.
Dated: November 9, 2018.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
The Ewiiaapaayp Band of Kumeyaay Indian's Title 513, Ewiiaapaayp
Band of Kumeyaay Indians Liquor Control Ordinance shall read as
follows:
TITLE 513
EWIIAAPAAYP Band of Kumeyaay Indians Liquor Control Ordinance
Chapter One General Provisions
Article 1. Authority
513.01.1 This Ordinance is enacted pursuant to the Act of August
15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers
vested in the General Council of the Ewiiaapaayp Band of Kumeyaay
Indians (``General Council'') to develop, adopt and enforce ordinances
as authorized under Article VI, Section 1 of the Constitution of the
Ewiiaapaayp Band of Kumeyaay Indians approved on December 19, 1973 and
amended on September 6, 2002.
Article 2. Purpose
513.01.2 The purpose of this Ordinance is to regulate and control
the possession, sale, manufacture, distribution and taxation of liquor
within Tribal Trust Lands, in order to permit alcohol sales by tribally
owned and operated enterprises and private lessees, and at tribally
approved special events. Enactment of a liquor control ordinance will
help provide a source of revenue to fund the continued operation of the
tribal government, the delivery of governmental services, the economic
viability of tribal enterprises, and to fund health, safety and general
welfare programs and services provided to Tribal citizens and residents
of and visitors to land within the Tribe's territorial jurisdiction.
Article 3. Short Title
513.01.3 This Ordinance shall be known and cited as the ``Liquor
Control Ordinance.''
Article 4. Jurisdiction
513.01.4 This Ordinance shall apply to all Tribal Trust Lands now
or in the future under the governmental authority of the Tribe.
Article 5. Application of 18 U.S.C. 1161
513.01.5 (a) By adopting this Ordinance, the Tribe hereby regulates
the sale, manufacturing, distribution, and consumption of liquor while
ensuring that such activity conforms with all applicable laws of the
State of California as required by 18 U.S.C. 1161 and the United
States.
(b) (1) This Ordinance 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 Tribal Trust Lands.
(3) Any individual, person or entity who resides, conducts
business, engages in a business transaction, receives benefits from the
Tribe, acts under tribal authority, or enters the Tribe's Tribal Lands
shall be deemed to have consented to the following:
(i) To be bound by the terms of this Ordinance;
(ii) To the exercise of the jurisdiction of the Tribe's Tribal
Court for legal actions arising pursuant to this Ordinance; and
(iii) To service of summons and process, and search and seizure, in
conjunction with legal actions arising pursuant to this Ordinance.
(4) No portion of this Ordinance shall be construed as contrary to
Federal law.
Article 6. Declaration of Public Policy; Findings
513.01.6 The General Council enacts this Ordinance, based upon the
following findings:
(a) The distribution, possession, consumption and sale of liquor on
Tribal Trust Lands is a matter of special concern to the Tribe.
(b) The Tribe is the beneficial owner of Tribal Trust Lands, upon
which the Tribe plans to construct and operate a gaming facility and
related entertainment and lodging facilities.
(c) The Tribe's gaming facility will serve as an integral and
indispensable part of the Tribe's economy, providing revenue to the
Tribe's government and employment to tribal citizens and others in the
local community.
(d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently
prohibits the introduction of liquor into Indian country, except in
accordance with State law and the duly enacted law of the Tribe.
(e) The Tribe recognizes the need for strict control and regulation
of liquor transactions on Tribal Trust Lands because of potential
problems associated with the unregulated or inadequate regulated sale,
possession, distribution, and consumption of liquor.
(f) Regulating the possession, sale, distribution and manufacture
of liquor within Tribal Trust Lands is also consistent with the Tribe's
interest in ensuring the peace, safety, health, and general welfare of
the Tribe and its citizens.
(g) Tribal control and regulation of liquor on Tribal Trust Lands
is consistent with the Tribe's custom and tradition of controlling the
possession and consumption of liquor on Tribal Trust Lands and at
tribal events.
(h) The purchase, distribution, and sale of liquor on Tribal Trust
Lands shall take place only at duly licensed (i) tribally owned
enterprises, (ii) other enterprises operating pursuant to a lease or
license with the Tribe, and (iii) tribally-sanctioned events.
(i) The sale or other commercial manufacture or distribution of
liquor on Tribal Trust Lands, other than sales, manufacture, and
distributions made in strict compliance with this Ordinance, is
detrimental to the health, safety, and general welfare of the citizens
of the Tribe, and is prohibited.
Chapter Two Definitions
Article 1. Definitions
513.02.1 All definitions of the Tribe's Tribal Code Title 001
``Tribal Code Definitions'' apply herein unless the terms are otherwise
defined in this Ordinance. For purposes of this Ordinance, whenever any
of the following words, terms or definitions is used herein, they shall
have the meaning ascribed to them in this Subchapter:
As used in this Ordinance, the terms below are defined as follows:
(a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit
of wine, in any form, and regardless of source or the process used for
its production.
(b) Alcoholic beverage means all alcohol, spirits, liquor, wine,
beer and any liquid or solid containing alcohol, spirits, liquor, wine,
or beer, and which contains one-half of one percent or more of alcohol
by volume and that is fit for human consumption, either alone or when
diluted, mixed, or combined with any other substance(s).
(c) Compact means the Tribal-State compact between the State and
the Tribe that governs the conduct of class III gaming activities on
that portion of the Tribal Trust Lands recognized as ``Indian lands''
pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq.
[[Page 15632]]
(d) Indian Country, consistent with the meaning given in 18 U.S.C.
1151 means: (a) All land within the limits of the Ewiiaapaayp 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.
(e) License means, unless otherwise stated, a license issued by the
Tribe in accordance with this Ordinance.
(f) 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.
(g) Malt beverage or malt liquor 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 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.''
(h) Manufacturer means a person engaged in the preparation and
manufacturing of liquor for sale, in any form whatsoever.
(i) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm,
corporation, partnership, joint corporation, association, society, or
any group of individuals acting as a unit, whether mutual, cooperative,
fraternal, non-profit or otherwise, and any other Indian tribe, band or
group. The term shall also include the businesses of the Tribe.
(j) Sale and sell means the transfer for consideration of any kind,
including by exchange or barter.
(k) State means the State of California.
(l) Territory means the term defined in the Tribe's Tribal Code of
Title 001 Sec. 001.02.66. and Title 100 Sec. 100.01.1.D. wherein
``Territory'' is defined by Article II--Territory of the Tribe's
Constitution, as amended, such that the territorial jurisdiction of the
Tribe, is defined as all land within the exterior boundaries of the
Ewiiaapaayp Indian Reservation, all land within the limits of dependent
Ewiiaapaayp Indian communities, all Ewiiaapaayp Indian allotments, all
land owned in fee by the Tribe, and all other land held in trust for,
owned in fee by, or leased by the United States to the Tribe.''
(m) Tribal retailer means a liquor retailer wholly owned by the
Ewiiaapaayp Band of Kumeyaay Indians and located on its Tribal Trust
Lands.
(n) 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.
(o) Tribe means the term defined in the Tribe's Tribal Code of
Title 001 Sec. 001.01.1.51. wherein, Tribe means the ``Ewiiaapaayp
Band of Kumeyaay Indians, formerly known as the Cuyapaipe Band of
Mission Indians or the Cuyapaipe Community of the Diegueno Mission
Indians of the Cuyapaipe Reservation, California, a federally
recognized Indian Tribe organized under Sec. 16 of the Indian
Reorganization Act, 25 U.S.C. 476, et seq., (48 Stat. 984) its
enterprises, subdivisions, and departments, and its agents acting
within the scope of their authority.''
Chapter Three Liquor Sales, Possession, & Manufacture
Article 1. Possession of Alcohol
513.03.1 The introduction and possession of alcoholic beverages
shall be lawful within Tribal Trust Lands; provided that such
introduction or possession is in conformity with the laws of the State.
Article 2. Retail Sales of Alcohol
513.03.2 The sale of alcoholic beverages shall be lawful within
Tribal Trust Lands; provided that such sales are in conformity with the
laws of the State and are made pursuant to a license issued by the
Tribe.
Article 3. Manufacture of Alcohol
513.03.3 The manufacture of beer and wine shall be lawful within
Tribal Trust Lands, provided that such manufacture is in conformity
with the laws of the State and pursuant to a license issued by the
Tribe.
Article 4. Age Limits
500.03.4 The legal age for possession or consumption of alcohol
within Tribal Trust Lands shall be the same as that of the State, which
is currently 21 years. No person under the age of 21 years shall
purchase, possess or consume any alcoholic beverage. If there is any
conflict between State law and the terms of the Compact regarding the
age limits for alcohol possession or consumption, the age limits in the
Compact shall govern for purposes of this Ordinance.
Chapter Four Licensing
Article 1. Licensing
513.04.1 The Tribe's General Council shall have the power to
establish procedures and standards for tribal licensing of liquor sales
within Tribal Trust Lands, including the setting of a license fee
schedule, and shall have the power to publish and enforce such
standards; provided that no tribal license shall issue except upon
showing of satisfactory proof that the applicant is duly licensed by
the State. The fact that an applicant for a tribal license possesses a
license issued by the State shall not provide the applicant with an
entitlement to a tribal license. The General Council may in its
discretion set standards which are more, but in no case less, stringent
than those of the State.
Chapter Five Enforcement
Article 1. Enforcement
513.05.1 The General 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 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 General Council shall have the authority to enforce
this Ordinance by confiscating any liquor sold, possessed, distributed,
manufactured, or introduced within Tribal Trust Lands in violation of
this Ordinance or of any regulations duly adopted pursuant to this
Ordinance.
The General 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 the authority to
take any or all of the foregoing actions on its behalf.
[[Page 15633]]
Chapter Six Taxes
Article 1. Taxation
513.06.1 The Tribe expressly reserves its inherent sovereign right
to regulate the use and sale of liquor through the imposition of tribal
taxes thereon. The General Council 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
General Council through independent action. The Tribe retains the right
to impose such taxes by appropriate ordinance to the full extent
permitted by Federal law.
Chapter Seven Administration
Article 1. License Required of Tribal Retailers and Tribally-Licensed
Retailers
513.07.1 Every person engaging in the business of selling,
manufacturing, or distributing liquor within the Tribe's Tribal Trust
Lands, including but not limited to a brewery, shall secure a business
license from the Tribe in the manner provided for by Title 513
(``Business License Standards Code'') and otherwise comply with all
provisions of Title 513.
Article 2. Prohibitions
513.07.2 (a) The manufacture, purchase, sale, and dealing in liquor
within Tribe's Tribal Trust Lands by any person, party, firm, or
corporation except pursuant to the control, licensing, and regulation
of the General Council, 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).
(b) Every person engaging in the business of manufacturing,
distributing or selling liquor within the Tribe's Tribal Trust Lands
shall comply with the applicable provisions of the Tribe's Law and
Order Code.
Article 3. Nondiscrimination
513.07.3 No provision of this Ordinance 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.
Chapter Eight Miscellaneous Provisions
Article 1. Sovereign Immunity Preserved
513.08.1 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.
Article 2. Conformance With Applicable Laws
513.08.2 All acts and transactions under this Ordinance shall be in
conformity with the Compact and laws of the State to the extent
required by 18 U.S.C. 1161 and with all Federal laws regarding alcohol
in Indian Country.
Article 3. Effective Date
513.08.3 This Ordinance shall be effective as of the date on which
the Secretary of the Interior certifies this Ordinance and publishes
the same in the Federal Register.
Article 4. Repeal of Prior Acts
513.08.4 All prior enactments of the Tribal Council, including
tribal resolutions, policies, regulations, or ordinances pertaining to
the subject matter set forth in this Ordinance are hereby rescinded.
Article 5. Amendments
513.08.5 This Ordinance may only be amended pursuant to an
amendment duly enacted by the General Council and certification by the
Secretary of the Interior and publication in the Federal Register, if
required.
Article 6. Severability and Savings Clause
513.08.6 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. 2019-07466 Filed 4-15-19; 8:45 am]
BILLING CODE 4337-15-P
