Mechoopda Indian Tribe of Chico Rancheria; Alcoholic Beverage Ordinance, 26436-26438 [2019-11807]
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26436
Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
Dated: May 7, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
Authority
We provide this notice under the
authority of section 10 of the ESA (16
U.S.C. 1531 et seq.).
The Mechoopda Indian Tribe of Chico
Rancheria’s Alcoholic Beverage
Ordinance #19 shall read as follows:
Dated: May 13, 2019.
Gary Frazer,
Assistant Director for Ecological Services.
Mechoopda Indian Tribe of Chico
Rancheria, California
[FR Doc. 2019–11806 Filed 6–5–19; 8:45 am]
Ordinance No. 19
BILLING CODE 4333–15–P
Alcoholic Beverage Ordinance
1. Title
2. Authority
3. Purpose
4. Applicability
5. Definitions
6. Powers of Enforcement
7. Licensing
8. Prohibitions
9. Enforcement
10. Taxes
11. Severability and Miscellaneous
12. Amendments
13. Effective Date
14. Sovereign Immunity
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/
A0A501010.999900]
Mechoopda Indian Tribe of Chico
Rancheria; Alcoholic Beverage
Ordinance
AGENCY:
Bureau of Indian Affairs,
Interior.
ACTION:
Notice.
This notice publishes the
Mechoopda Indian Tribe of Chico
Rancheria’s Alcoholic Beverage
Ordinance #19 (Ordinance). The
Ordinance regulates and controls the
possession, sale, manufacture, and
distribution of alcohol in conformity
with the laws of the State of California.
SUMMARY:
This ordinance shall take effect
July 8, 2019.
DATES:
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.
FOR FURTHER INFORMATION CONTACT:
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 Mechoopda Indian Tribe of Chico
Rancheria duly adopted Alcoholic
Beverage Ordinance #19 on October 6,
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 Mechoopda Indian Tribe
of Chico Rancheria duly adopted
Alcoholic Beverage Ordinance #19 on
October 6, 2018.
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SUPPLEMENTARY INFORMATION:
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1. Title
This Ordinance shall be known as the
Mechoopda Indian Tribe of Chico
Rancheria, California, Alcoholic
Beverage Ordinance.
2. Authority
This Ordinance is enacted pursuant to
the Act of August 15, 1953 (Pub. L. 83–
277, 67 Stat. 588, 18 U.S.C. 1161) and
Article VIII, of the Constitution of the
Mechoopda Indian Tribe of Chico
Rancheria, California, and the Tribe’s
inherent sovereignty.
3. Purpose
The purpose of this Ordinance is to
regulate and control the manufacture,
distribution, and sale of Alcoholic
Beverages on the Tribe’s Trust Lands
and to permit the sale of Alcoholic
Beverages by tribally owned enterprises
and private licensees. The enactment of
this Ordinance shall help provide a
source of revenue for the continued
operation of the tribal government and
the provision of governmental services
to tribal members.
4. Applicability
This Ordinance shall apply to all
lands now or in the future held in trust
by the federal government for the
benefit of the Tribe (‘‘Trust Lands’’).
This Ordinance is in conformity with
the laws of the State as required by 18
U.S.C. 1161.
5. Definitions
5.1 ‘‘Alcohol’’ means ethyl alcohol,
hydrated oxide of ethyl, or spirit of
wine, in any form and regardless of
source or the process used for
production.
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Sfmt 4703
5.2 ‘‘Alcoholic Beverage’’ means any
beverage containing or consisting of
Alcohol, Spirits, Wine, or Beer or
combination thereof and every liquid or
solid containing Alcohol, Spirits, Wine,
or Beer, and which contains one-half of
one (1) percent or more of alcohol by
volume and which is fit for beverage
purposes either alone or when diluted,
mixed, or combined with other
substances.
5.3 ‘‘Alcoholic Beverage License’’
means a permanent or temporary license
to sell Alcoholic Beverages issued
pursuant to this Ordinance.
5.4 ‘‘Beer’’ means a beverage
containing Alcohol created by the
fermentation of any infusion or
decoction of barley, malt, hops, or any
other similar product, or any
combination thereof in water, and
includes ale, porter, brown, stout, lager,
small beer, and strong beer, but does not
include Japanese rice wine.
5.5 ‘‘Spirits’’ means any beverage
obtained by the distillation of fermented
agricultural products including but not
limited to spirits of wine, whiskey, rum,
brandy, vodka, tequila, scotch, liqueurs,
and gin, including all dilutions and
mixtures thereof, and includes proof
spirits.
5.6 ‘‘General Membership’’ means the
general membership of the Mechoopda
Indian Tribe of Chico Rancheria,
California.
5.7 ‘‘Licensed Premises’’ means the
location at which an Alcoholic Beverage
License authorizes a Licensee to sell
Alcoholic Beverages.
5.8 ‘‘Licensee’’ means the holder of an
Alcoholic Beverage License.
5.9 ‘‘Ordinance’’ means this
Mechoopda Indian Tribe of Chico
Rancheria, California, Alcoholic
Beverage Ordinance.
5.10 ‘‘State’’ means the State of
California.
5.11 ‘‘Temporary Alcoholic Beverage
Permit’’ means an authorization for a
Licensee to sell alcohol at a designated
temporary location granted by the Tribal
Council, or designee.
5.12 ‘‘Tribal Council’’ means the
Tribal Council of the Mechoopda Indian
Tribe of Chico Rancheria, California.
5.13 ‘‘Tribe’’ means the Mechoopda
Indian Tribe of Chico Rancheria,
California, a federally recognized Indian
tribe.
5.14 ‘‘Trust Lands’’ means those lands
held in trust for the benefit of the Tribe
by the United States of America.
5.15 ‘‘Wine’’ means the product
obtained from normal alcoholic
fermentation of the juice of sound ripe
grapes or other agricultural products
containing natural or added sugar and
blending material and which contains
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Federal Register / Vol. 84, No. 109 / Thursday, June 6, 2019 / Notices
not more than 24 percent of alcohol by
volume, and includes vermouth and
Japanese rice wine.
6. Powers of Enforcement
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6.1 Powers. The Tribal Council, or
designee, shall have the following
powers and duties:
(a) To publish and enforce the rules
and regulations governing the
manufacture, distribution, and sale of
Alcoholic Beverages on Trust Lands;
(b) To employ managers, accountants,
security personnel, inspectors, and such
other persons as shall be reasonably
necessary to allow the Tribal Council to
perform its functions pursuant to this
Ordinance;
(c) To issue Alcoholic Beverage
Licenses permitting the manufacture,
distribution and/or retail of Alcoholic
Beverages on Trust Lands;
(d) To hold hearings on violations of
this Ordinance or for revocation or
denial of Alcoholic Beverage Licenses;
(e) To bring suit in the appropriate
court of competent jurisdiction to
enforce this Ordinance, as necessary;
(f) To determine and seek damages for
violation of this Ordinance;
(g) To make such reports to the
General Membership as may be required
herein;
(h) To levy taxes and fees on the
manufacture, distribution and sale of
Alcoholic Beverages in accordance with
this Ordinance;
(i) To collect taxes and fees, and to
keep accurate records, books, and
accounts; and
(j) To exercise such other powers as
are necessary and appropriate to fulfill
the purposes of this Ordinance.
6.2 Limitation on Powers. In the
exercise of its powers and duties under
this Ordinance, the individual members
of the Tribal Council shall not accept for
personal gain any gratuity,
compensation or other items of value
from any Alcoholic Beverage
wholesaler, retailer, vendor, or
distributor or from any Licensee.
6.3 Inspection Rights. Any premises
on which any Alcoholic Beverage is
sold or distributed shall be open for
inspection by the Tribal Council, or
designee, during normal business hours
for the purpose of ascertaining whether
the rules and regulations of this
Ordinance are being followed.
7. Licensing
7.1 Alcoholic Beverage License. The
Tribal Council, or designee, may issue
an Alcoholic Beverage License only
upon written application including the
following:
(a) Satisfactory proof that the
applicant is licensed to engage in the
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retail sale of Alcoholic Beverages by the
State of California.
(b) A description of the premises in
which the Alcoholic Beverages are to be
sold, and proof of the applicant’s right
to occupy and sell Alcoholic Beverages
on the premises for the duration of the
requested Alcoholic Beverage License.
(c) Written agreement by the applicant
to accept and abide by all conditions of
the Alcoholic Beverage License.
(d) Payment of the fee as may be
prescribed by the Tribal Council, or
designee, from time to time.
(e) Written disclosure of any prior
Alcoholic Beverage License or
Temporary Alcoholic Beverage Permit,
any prior violations of this Ordinance,
and any penalties imposed under this
Ordinance.
7.2 Temporary Permits. The Tribal
Council, or its designee, may grant a
Temporary Alcoholic Beverage Permit
authorizing a Licensee in good standing
to sell Alcoholic Beverages at a
designated temporary site located on
Trust Lands in connection with a public
event.
7.3 Denial of License. Applicants
denied a license may request a hearing
before the Tribal Council, or designee,
within fifteen (15) days of the
Applicant’s receipt of notice of such
denial. The notice shall set forth the
right of the alleged violator to be
represented by legal counsel, speak and
present witnesses, and cross examine
any adverse witnesses. The decision of
the Tribal Council, or designee, shall be
issued within sixty (60) days of the date
of the hearing and shall be final and
non-appealable.
7.4 Conditions of the Alcoholic
Beverage License. Any Alcoholic
Beverage License, or Temporary
Alcoholic Beverage Permit, issued
under this Ordinance shall be subject to
such reasonable conditions, restrictions,
and limitations, as the Tribal Council, or
designee, shall prescribe, including, at a
minimum the following:
(a) No Alcoholic Beverage License
shall be for a term greater than one (1)
year.
(b) Unless otherwise authorized by a
Temporary Alcohol Beverage Permit, all
sales and consumption of Alcoholic
Beverages must occur within the
Licensed Premises.
(c) The Licensee shall at all times
maintain the Licensed Premises and the
immediate surrounding area in an
orderly, clean, and sanitary manner.
(d) The Licensed Premises shall be
subject to patrol by tribal law
enforcement officials and such other
enforcement officials as may be
authorized under federal, State, or
Tribal law.
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(e) The Licensed Premises shall be
open to inspection by designated
officials of the Tribe at all times during
normal business hours.
(f) No Alcoholic Beverages shall be
sold, served, or consumed on the
Licensed Premises except in conformity
with the hours and days prescribed by
the laws of the State or in accordance
with more restrictive hours fixed as may
be prescribed by Tribal law.
(g) No Alcoholic Beverages shall be
sold within 200 feet of a polling place
on Tribal election days or when a
referendum is being held.
(h) All acts and transactions under
authority of the Alcoholic Beverage
License shall be in conformity with the
laws of the State and this Ordinance.
(i) No person under the minimum age
permitted under State law then in effect
shall be permitted to purchase, receive,
or consume Alcoholic Beverages on the
Licensed Premises.
(j) An Alcoholic Beverage License
must specify whether a Licensee may
sell Beer, Wine, and/or Spirits.
7.5 License Not a Property Right. An
Alcoholic Beverage License shall not be
deemed a property right or vested right
of any kind, nor shall the granting of an
Alcoholic Beverage License give rise to
a presumption of legal entitlement to
the granting of such license for a
subsequent time period.
7.6 Assignment or Transfer. An
Alcoholic Beverage License may not be
assigned or transferred.
8. Prohibitions
8.1 Sales Without a License;
Possession with Intent to Sell Without a
License. Any person who sells, offers for
sale, or distributes any Alcoholic
Beverages on Trust Land without having
first obtained an Alcoholic Beverage
License, or who possesses Alcoholic
Beverages with the intent to sell or
distribute on Trust Land without having
first obtained an Alcoholic Beverage
License shall be in violation of this
Ordinance; provided, however, nothing
in this Ordinance shall be construed to
prohibit a State-licensed Alcoholic
Beverage distributor from making
deliveries of Alcoholic Beverages on
Trust Land to a Licensee without having
first obtained an Alcoholic Beverage
License.
8.2 Purchases from Non-Licensed
Sellers. Any person who, while on Trust
Lands, buys an Alcoholic Beverage from
any person other than a Licensee shall
be in violation of this Ordinance.
8.3 Sales to Persons Under the
Influence of Alcohol. Any person who
sells any Alcoholic Beverages to any
apparently intoxicated person shall be
in violation of this Ordinance.
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8.4 Consumption or Possession of
Alcoholic Beverage by Under-Aged
Persons. Any person under the
minimum age for Alcohol consumption
under State law who consumes,
possesses, or attempts to consume or
possess any Alcoholic Beverage on
Trust Lands shall be in violation of this
Ordinance.
8.5 Sales of Alcoholic Beverage to
Under-Aged Persons. Any person who
sells or otherwise provides an Alcoholic
Beverage to any person under the
minimum age for Alcohol consumption
under State law shall be in violation of
this Ordinance.
8.6 Use of False or Altered
Identification. Any person who attempts
to purchase any Alcoholic Beverage on
Trust Lands through the use of false or
altered identification shall be in
violation of this Ordinance.
8.7 Acceptable Identification. Any
Licensee who sells or otherwise
provides any Alcoholic Beverage to a
person who appears he or she may be
under the minimum age for Alcohol
consumption under State law without
first verifying that person’s age with an
acceptable form of identification shall
be in violation of this Ordinance. The
following are acceptable forms of
identification:
(a) A current driver’s license of any
state or other current identification card
issued by any state;
(b) A current passport of any nation;
or
(c) A Mechoopda Indian Tribe of
Chico Rancheria, California, tribal
member identification card.
8.8 No Extension of Credit. Any
Licensee who makes a retail sale of any
Alcoholic Beverage on credit shall be in
violation of this Ordinance; provided,
however, nothing in this Ordinance
shall prohibit the use of ATM cards,
debit cards, or credit cards as a means
of purchasing Alcoholic Beverages.
8.9 Sale for Personal Consumption.
Any person, organization, or entity,
other than a Licensee, who purchases
any Alcoholic Beverage on Trust Lands
and resells the Alcoholic Beverage, shall
be in violation of this Ordinance.
9. Enforcement
9.1 Fine Imposed. In addition to any
other penalty, any person, organization,
or entity in violation of this Ordinance
or any Alcoholic Beverage License or
Temporary Alcoholic Beverage Permit
shall be liable for a reasonable civil fine
not to exceed $500.00 per violation.
9.2 Revocation or Suspension of
License. In addition to any other
penalty, any Alcoholic Beverage License
or Temporary Alcoholic Beverage
Permit may be suspended or revoked for
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violation of this Ordinance, an
Alcoholic Beverage License, or a
Temporary Alcoholic Beverage Permit.
9.3 Right to Notice and Hearing. No
penalty, other than temporary
suspension of an Alcoholic Beverage
License or Temporary Alcoholic
Beverage Permit, shall be imposed
under this Ordinance without first
providing the alleged violator written
notice of the circumstances surrounding
the alleged violation and the
opportunity to be heard and present
witnesses and evidence at a hearing
before the Tribal Council, or designee,
within fifteen (15) days of the alleged
violator’s receipt of such notice. The
notice shall set forth the right of the
alleged violator to be represented by
legal counsel, speak and present
witnesses, and cross examine any
adverse witnesses. The decision of the
Tribal Council, or designee, shall be
issued within sixty (60) days of the date
of the hearing and shall be final and
non-appealable.
9.4 Seizure of Contraband. Any
Alcoholic Beverage possessed,
transferred, sold, or purchased contrary
to the terms of this Ordinance, an
Alcoholic Beverage License, or a
Temporary Alcoholic Beverage Permit is
contraband and subject to seizure by a
designated Tribal official. Contraband
shall be preserved in accordance with
State law and shared with State and
federal law enforcement officials as
required by law.
11. Severability and Miscellaneous
11.1 Severability. If any provision or
application of this Ordinance is
determined upon review by a court of
competent jurisdiction to be invalid,
such adjudication shall not be held to
render ineffectual the remaining
provisions of this Ordinance or to
render such provisions inapplicable to
other persons or circumstances.
11.2 Prior Enactments. Any and all
ordinances, resolutions, or enactments
of the Tribal Council which are
inconsistent with the provisions of this
Ordinance are hereby repealed to the
extent of such inconsistency.
12. Amendments
Any amendments to this Ordinance
shall become effective upon the
Secretary of the Interior’s publication of
the same in the Federal Register in
accordance with federal law.
13. Effective Date
This Ordinance shall be effective
upon the Secretary of the Interior’s
publication of the same in the Federal
Register in accordance with federal law.
14. Sovereign Immunity
Nothing herein is intended to, nor
does in any way, limit, alter, restrict, or
waive the Tribe’s sovereign immunity
from unconsented suit or action.
[FR Doc. 2019–11807 Filed 6–5–19; 8:45 am]
BILLING CODE 4337–15–P
10. Taxes
DEPARTMENT OF THE INTERIOR
10.1 Sales Tax. There is hereby
levied and shall be collected a tax on
each sale of Alcoholic Beverages on
Trust Lands in an amount to be
determined by the Tribal Council, or
designee, from time to time. The tax
imposed pursuant to this section shall
be in addition to any tax imposed on
Alcoholic Beverages sales by the State.
10.2 Taxes Due. All taxes for the
sale of Alcoholic Beverages on Trust
Lands are due and payable to the Tribal
Council, or designee, within thirty (30)
days of the end of the calendar quarter.
10.3 Reports. Along with the
payment of taxes imposed herein, the
Licensee shall submit an accounting for
the quarter of all income from the sale
of Alcoholic Beverages as well as the
amount of taxes collected.
10.4 Audit. The Tribal Council, or
designee, shall have the right to review
or audit the books and records of any
Licensee relating to the sale of Alcoholic
Beverages on Trust Lands at any time
during the Licensee’s normal business
hours.
Bureau of Indian Affairs
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[190A2100DD/AAKC001030/
A0A501010.999900 253G]
Request for Nominations of Members
To Serve on the Bureau of Indian
Education Advisory Board for
Exceptional Children
Bureau of Indian Affairs,
Interior.
ACTION: Notice of request for
nominations.
AGENCY:
Pursuant to the Federal
Advisory Committee Act and the
Individuals with Disabilities Education
Act of 2004 (IDEA), the Bureau of Indian
Education (BIE) requests nominations of
individuals to serve on the Advisory
Board for Exceptional Children
(Advisory Board). There will be four
positions available. Board members will
serve a staggered term of two years or
three years from the date of their
appointment. The BIE will consider
nominations received in response to this
request for nominations, as well as other
SUMMARY:
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Agencies
[Federal Register Volume 84, Number 109 (Thursday, June 6, 2019)]
[Notices]
[Pages 26436-26438]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11807]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[190A2100DD/AAKC001030/A0A501010.999900]
Mechoopda Indian Tribe of Chico Rancheria; Alcoholic Beverage
Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Mechoopda Indian Tribe of Chico
Rancheria's Alcoholic Beverage Ordinance #19 (Ordinance). The 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 July 8, 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 Mechoopda Indian Tribe of
Chico Rancheria duly adopted Alcoholic Beverage Ordinance #19 on
October 6, 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 Mechoopda Indian Tribe of Chico Rancheria
duly adopted Alcoholic Beverage Ordinance #19 on October 6, 2018.
Dated: May 7, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
The Mechoopda Indian Tribe of Chico Rancheria's Alcoholic Beverage
Ordinance #19 shall read as follows:
Mechoopda Indian Tribe of Chico Rancheria, California
Ordinance No. 19
Alcoholic Beverage Ordinance
1. Title
2. Authority
3. Purpose
4. Applicability
5. Definitions
6. Powers of Enforcement
7. Licensing
8. Prohibitions
9. Enforcement
10. Taxes
11. Severability and Miscellaneous
12. Amendments
13. Effective Date
14. Sovereign Immunity
1. Title
This Ordinance shall be known as the Mechoopda Indian Tribe of
Chico Rancheria, California, Alcoholic Beverage Ordinance.
2. Authority
This Ordinance is enacted pursuant to the Act of August 15, 1953
(Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and Article VIII, of the
Constitution of the Mechoopda Indian Tribe of Chico Rancheria,
California, and the Tribe's inherent sovereignty.
3. Purpose
The purpose of this Ordinance is to regulate and control the
manufacture, distribution, and sale of Alcoholic Beverages on the
Tribe's Trust Lands and to permit the sale of Alcoholic Beverages by
tribally owned enterprises and private licensees. The enactment of this
Ordinance shall help provide a source of revenue for the continued
operation of the tribal government and the provision of governmental
services to tribal members.
4. Applicability
This Ordinance shall apply to all lands now or in the future held
in trust by the federal government for the benefit of the Tribe
(``Trust Lands''). This Ordinance is in conformity with the laws of the
State as required by 18 U.S.C. 1161.
5. Definitions
5.1 ``Alcohol'' means ethyl alcohol, hydrated oxide of ethyl, or
spirit of wine, in any form and regardless of source or the process
used for production.
5.2 ``Alcoholic Beverage'' means any beverage containing or
consisting of Alcohol, Spirits, Wine, or Beer or combination thereof
and every liquid or solid containing Alcohol, Spirits, Wine, or Beer,
and which contains one-half of one (1) percent or more of alcohol by
volume and which is fit for beverage purposes either alone or when
diluted, mixed, or combined with other substances.
5.3 ``Alcoholic Beverage License'' means a permanent or temporary
license to sell Alcoholic Beverages issued pursuant to this Ordinance.
5.4 ``Beer'' means a beverage containing Alcohol created by the
fermentation of any infusion or decoction of barley, malt, hops, or any
other similar product, or any combination thereof in water, and
includes ale, porter, brown, stout, lager, small beer, and strong beer,
but does not include Japanese rice wine.
5.5 ``Spirits'' means any beverage obtained by the distillation of
fermented agricultural products including but not limited to spirits of
wine, whiskey, rum, brandy, vodka, tequila, scotch, liqueurs, and gin,
including all dilutions and mixtures thereof, and includes proof
spirits.
5.6 ``General Membership'' means the general membership of the
Mechoopda Indian Tribe of Chico Rancheria, California.
5.7 ``Licensed Premises'' means the location at which an Alcoholic
Beverage License authorizes a Licensee to sell Alcoholic Beverages.
5.8 ``Licensee'' means the holder of an Alcoholic Beverage License.
5.9 ``Ordinance'' means this Mechoopda Indian Tribe of Chico
Rancheria, California, Alcoholic Beverage Ordinance.
5.10 ``State'' means the State of California.
5.11 ``Temporary Alcoholic Beverage Permit'' means an authorization
for a Licensee to sell alcohol at a designated temporary location
granted by the Tribal Council, or designee.
5.12 ``Tribal Council'' means the Tribal Council of the Mechoopda
Indian Tribe of Chico Rancheria, California.
5.13 ``Tribe'' means the Mechoopda Indian Tribe of Chico Rancheria,
California, a federally recognized Indian tribe.
5.14 ``Trust Lands'' means those lands held in trust for the
benefit of the Tribe by the United States of America.
5.15 ``Wine'' means the product obtained from normal alcoholic
fermentation of the juice of sound ripe grapes or other agricultural
products containing natural or added sugar and blending material and
which contains
[[Page 26437]]
not more than 24 percent of alcohol by volume, and includes vermouth
and Japanese rice wine.
6. Powers of Enforcement
6.1 Powers. The Tribal Council, or designee, shall have the
following powers and duties:
(a) To publish and enforce the rules and regulations governing the
manufacture, distribution, and sale of Alcoholic Beverages on Trust
Lands;
(b) To employ managers, accountants, security personnel,
inspectors, and such other persons as shall be reasonably necessary to
allow the Tribal Council to perform its functions pursuant to this
Ordinance;
(c) To issue Alcoholic Beverage Licenses permitting the
manufacture, distribution and/or retail of Alcoholic Beverages on Trust
Lands;
(d) To hold hearings on violations of this Ordinance or for
revocation or denial of Alcoholic Beverage Licenses;
(e) To bring suit in the appropriate court of competent
jurisdiction to enforce this Ordinance, as necessary;
(f) To determine and seek damages for violation of this Ordinance;
(g) To make such reports to the General Membership as may be
required herein;
(h) To levy taxes and fees on the manufacture, distribution and
sale of Alcoholic Beverages in accordance with this Ordinance;
(i) To collect taxes and fees, and to keep accurate records, books,
and accounts; and
(j) To exercise such other powers as are necessary and appropriate
to fulfill the purposes of this Ordinance.
6.2 Limitation on Powers. In the exercise of its powers and duties
under this Ordinance, the individual members of the Tribal Council
shall not accept for personal gain any gratuity, compensation or other
items of value from any Alcoholic Beverage wholesaler, retailer,
vendor, or distributor or from any Licensee.
6.3 Inspection Rights. Any premises on which any Alcoholic Beverage
is sold or distributed shall be open for inspection by the Tribal
Council, or designee, during normal business hours for the purpose of
ascertaining whether the rules and regulations of this Ordinance are
being followed.
7. Licensing
7.1 Alcoholic Beverage License. The Tribal Council, or designee,
may issue an Alcoholic Beverage License only upon written application
including the following:
(a) Satisfactory proof that the applicant is licensed to engage in
the retail sale of Alcoholic Beverages by the State of California.
(b) A description of the premises in which the Alcoholic Beverages
are to be sold, and proof of the applicant's right to occupy and sell
Alcoholic Beverages on the premises for the duration of the requested
Alcoholic Beverage License.
(c) Written agreement by the applicant to accept and abide by all
conditions of the Alcoholic Beverage License.
(d) Payment of the fee as may be prescribed by the Tribal Council,
or designee, from time to time.
(e) Written disclosure of any prior Alcoholic Beverage License or
Temporary Alcoholic Beverage Permit, any prior violations of this
Ordinance, and any penalties imposed under this Ordinance.
7.2 Temporary Permits. The Tribal Council, or its designee, may
grant a Temporary Alcoholic Beverage Permit authorizing a Licensee in
good standing to sell Alcoholic Beverages at a designated temporary
site located on Trust Lands in connection with a public event.
7.3 Denial of License. Applicants denied a license may request a
hearing before the Tribal Council, or designee, within fifteen (15)
days of the Applicant's receipt of notice of such denial. The notice
shall set forth the right of the alleged violator to be represented by
legal counsel, speak and present witnesses, and cross examine any
adverse witnesses. The decision of the Tribal Council, or designee,
shall be issued within sixty (60) days of the date of the hearing and
shall be final and non-appealable.
7.4 Conditions of the Alcoholic Beverage License. Any Alcoholic
Beverage License, or Temporary Alcoholic Beverage Permit, issued under
this Ordinance shall be subject to such reasonable conditions,
restrictions, and limitations, as the Tribal Council, or designee,
shall prescribe, including, at a minimum the following:
(a) No Alcoholic Beverage License shall be for a term greater than
one (1) year.
(b) Unless otherwise authorized by a Temporary Alcohol Beverage
Permit, all sales and consumption of Alcoholic Beverages must occur
within the Licensed Premises.
(c) The Licensee shall at all times maintain the Licensed Premises
and the immediate surrounding area in an orderly, clean, and sanitary
manner.
(d) The Licensed Premises shall be subject to patrol by tribal law
enforcement officials and such other enforcement officials as may be
authorized under federal, State, or Tribal law.
(e) The Licensed Premises shall be open to inspection by designated
officials of the Tribe at all times during normal business hours.
(f) No Alcoholic Beverages shall be sold, served, or consumed on
the Licensed Premises except in conformity with the hours and days
prescribed by the laws of the State or in accordance with more
restrictive hours fixed as may be prescribed by Tribal law.
(g) No Alcoholic Beverages shall be sold within 200 feet of a
polling place on Tribal election days or when a referendum is being
held.
(h) All acts and transactions under authority of the Alcoholic
Beverage License shall be in conformity with the laws of the State and
this Ordinance.
(i) No person under the minimum age permitted under State law then
in effect shall be permitted to purchase, receive, or consume Alcoholic
Beverages on the Licensed Premises.
(j) An Alcoholic Beverage License must specify whether a Licensee
may sell Beer, Wine, and/or Spirits.
7.5 License Not a Property Right. An Alcoholic Beverage License
shall not be deemed a property right or vested right of any kind, nor
shall the granting of an Alcoholic Beverage License give rise to a
presumption of legal entitlement to the granting of such license for a
subsequent time period.
7.6 Assignment or Transfer. An Alcoholic Beverage License may not
be assigned or transferred.
8. Prohibitions
8.1 Sales Without a License; Possession with Intent to Sell Without
a License. Any person who sells, offers for sale, or distributes any
Alcoholic Beverages on Trust Land without having first obtained an
Alcoholic Beverage License, or who possesses Alcoholic Beverages with
the intent to sell or distribute on Trust Land without having first
obtained an Alcoholic Beverage License shall be in violation of this
Ordinance; provided, however, nothing in this Ordinance shall be
construed to prohibit a State-licensed Alcoholic Beverage distributor
from making deliveries of Alcoholic Beverages on Trust Land to a
Licensee without having first obtained an Alcoholic Beverage License.
8.2 Purchases from Non-Licensed Sellers. Any person who, while on
Trust Lands, buys an Alcoholic Beverage from any person other than a
Licensee shall be in violation of this Ordinance.
8.3 Sales to Persons Under the Influence of Alcohol. Any person who
sells any Alcoholic Beverages to any apparently intoxicated person
shall be in violation of this Ordinance.
[[Page 26438]]
8.4 Consumption or Possession of Alcoholic Beverage by Under-Aged
Persons. Any person under the minimum age for Alcohol consumption under
State law who consumes, possesses, or attempts to consume or possess
any Alcoholic Beverage on Trust Lands shall be in violation of this
Ordinance.
8.5 Sales of Alcoholic Beverage to Under-Aged Persons. Any person
who sells or otherwise provides an Alcoholic Beverage to any person
under the minimum age for Alcohol consumption under State law shall be
in violation of this Ordinance.
8.6 Use of False or Altered Identification. Any person who attempts
to purchase any Alcoholic Beverage on Trust Lands through the use of
false or altered identification shall be in violation of this
Ordinance.
8.7 Acceptable Identification. Any Licensee who sells or otherwise
provides any Alcoholic Beverage to a person who appears he or she may
be under the minimum age for Alcohol consumption under State law
without first verifying that person's age with an acceptable form of
identification shall be in violation of this Ordinance. The following
are acceptable forms of identification:
(a) A current driver's license of any state or other current
identification card issued by any state;
(b) A current passport of any nation; or
(c) A Mechoopda Indian Tribe of Chico Rancheria, California, tribal
member identification card.
8.8 No Extension of Credit. Any Licensee who makes a retail sale of
any Alcoholic Beverage on credit shall be in violation of this
Ordinance; provided, however, nothing in this Ordinance shall prohibit
the use of ATM cards, debit cards, or credit cards as a means of
purchasing Alcoholic Beverages.
8.9 Sale for Personal Consumption. Any person, organization, or
entity, other than a Licensee, who purchases any Alcoholic Beverage on
Trust Lands and resells the Alcoholic Beverage, shall be in violation
of this Ordinance.
9. Enforcement
9.1 Fine Imposed. In addition to any other penalty, any person,
organization, or entity in violation of this Ordinance or any Alcoholic
Beverage License or Temporary Alcoholic Beverage Permit shall be liable
for a reasonable civil fine not to exceed $500.00 per violation.
9.2 Revocation or Suspension of License. In addition to any other
penalty, any Alcoholic Beverage License or Temporary Alcoholic Beverage
Permit may be suspended or revoked for violation of this Ordinance, an
Alcoholic Beverage License, or a Temporary Alcoholic Beverage Permit.
9.3 Right to Notice and Hearing. No penalty, other than temporary
suspension of an Alcoholic Beverage License or Temporary Alcoholic
Beverage Permit, shall be imposed under this Ordinance without first
providing the alleged violator written notice of the circumstances
surrounding the alleged violation and the opportunity to be heard and
present witnesses and evidence at a hearing before the Tribal Council,
or designee, within fifteen (15) days of the alleged violator's receipt
of such notice. The notice shall set forth the right of the alleged
violator to be represented by legal counsel, speak and present
witnesses, and cross examine any adverse witnesses. The decision of the
Tribal Council, or designee, shall be issued within sixty (60) days of
the date of the hearing and shall be final and non-appealable.
9.4 Seizure of Contraband. Any Alcoholic Beverage possessed,
transferred, sold, or purchased contrary to the terms of this
Ordinance, an Alcoholic Beverage License, or a Temporary Alcoholic
Beverage Permit is contraband and subject to seizure by a designated
Tribal official. Contraband shall be preserved in accordance with State
law and shared with State and federal law enforcement officials as
required by law.
10. Taxes
10.1 Sales Tax. There is hereby levied and shall be collected a tax
on each sale of Alcoholic Beverages on Trust Lands in an amount to be
determined by the Tribal Council, or designee, from time to time. The
tax imposed pursuant to this section shall be in addition to any tax
imposed on Alcoholic Beverages sales by the State.
10.2 Taxes Due. All taxes for the sale of Alcoholic Beverages on
Trust Lands are due and payable to the Tribal Council, or designee,
within thirty (30) days of the end of the calendar quarter.
10.3 Reports. Along with the payment of taxes imposed herein, the
Licensee shall submit an accounting for the quarter of all income from
the sale of Alcoholic Beverages as well as the amount of taxes
collected.
10.4 Audit. The Tribal Council, or designee, shall have the right
to review or audit the books and records of any Licensee relating to
the sale of Alcoholic Beverages on Trust Lands at any time during the
Licensee's normal business hours.
11. Severability and Miscellaneous
11.1 Severability. If any provision or application of this
Ordinance is determined upon review by a court of competent
jurisdiction to be invalid, such adjudication shall not be held to
render ineffectual the remaining provisions of this Ordinance or to
render such provisions inapplicable to other persons or circumstances.
11.2 Prior Enactments. Any and all ordinances, resolutions, or
enactments of the Tribal Council which are inconsistent with the
provisions of this Ordinance are hereby repealed to the extent of such
inconsistency.
12. Amendments
Any amendments to this Ordinance shall become effective upon the
Secretary of the Interior's publication of the same in the Federal
Register in accordance with federal law.
13. Effective Date
This Ordinance shall be effective upon the Secretary of the
Interior's publication of the same in the Federal Register in
accordance with federal law.
14. Sovereign Immunity
Nothing herein is intended to, nor does in any way, limit, alter,
restrict, or waive the Tribe's sovereign immunity from unconsented suit
or action.
[FR Doc. 2019-11807 Filed 6-5-19; 8:45 am]
BILLING CODE 4337-15-P