Sauk-Suiattle Indian Tribe Alcohol Control Ordinance, 69763-69765 [2019-27400]
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Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices
The scope of the EA covered issuance of
depredation permits for the purposes of
health and human safety, aquaculture,
property damage, and concern for conesting threatened or endangered
species. This notice is to inform the
public that, based on an adaptive
management approach, we have
reviewed recent data and are moving
from the preferred alternative to the
proposed action of using a higher
annual take threshold, as prescribed in
the 2017 EA.
FOR FURTHER INFORMATION CONTACT:
Jerome Ford, Assistant Director,
Migratory Birds, U.S. Fish and Wildlife
Service, at 202–208–1050.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Fish and Wildlife Service
(Service) is the Federal agency delegated
the primary responsibility for managing
migratory birds. Our authority derives
from the Migratory Bird Treaty Act of
1918, as amended (MBTA or Act, 16
U.S.C. 703 et seq.), which implements
conventions with Great Britain (for
Canada), Mexico, Japan, and the Russia
Federation. The MBTA protects certain
migratory birds from take, except as
permitted under the Act. We implement
the provisions of the MBTA through
regulations in parts 10, 13, 20, 21, and
22 of title 50 of the Code of Federal
Regulations (CFR). Regulations
pertaining to migratory bird permits are
at 50 CFR part 21.
The double-crested cormorant
(Phalacrocorax auritus) is a fish-eating
migratory bird that is distributed across
a large portion of North America. These
birds are generalist predators whose diet
varies considerably between seasons
and locations and tends to reflect fish
species composition.
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Environmental Assessment
In 2017, we completed an
environmental assessment (EA) on the
issuance of depredation permits for
double-crested cormorants across 37
central and eastern states and the
District of Columbia (see 82 FR 52936;
Nov. 15, 2017). The scope of the EA
covered issuance of depredation permits
for the purposes of protecting human
safety and health, aquaculture, property,
and co-nesting threatened or
endangered species.
Our preferred alternative in 2017
allowed a take of 51,571 cormorants per
year. This alternative limited take to
amounts previously authorized in the
period 2010–2015, well below the lower
limit of the potential take limit (PTL)
model conducted for the Environmental
Assessment. This more conservative
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limit was taken in order to assess the
continued need for individual permits
and allow an adaptive approach if
needed, while staying within the limits
in the PTL model. In the EA, we noted
that, by using an adaptive management
approach, the Service may consider
transitioning from the preferred
alternative (reduced take alternative) to
the less restrictive take authorized in the
proposed action using the lower limit of
the PTL. The PTL models estimated that
the annual maximum allowable take of
74,396 cormorants per year would
maintain the cormorant populations
considered in the proposed action.
Current Situation and Response
In 2018, authorized take of
cormorants was 51,154, and 10
permittees requested amendments to
increase the authorized take of
cormorants in their individual permits.
In two cases, the amendments for
increased take were requested multiple
times. As of October 3, 2019, authorized
take in 2019 was already 40,960 birds,
and we have received 8 amendment
requests. In one case, the amendment
for an increase was requested a second
time.
This notice is to inform the public
that, based on an adaptive management
approach and our review of the recent
data just described, we are moving from
the preferred alternative in the 2017 EA
to the proposed action of using a higher
annual take threshold.
To ensure that authorized take is not
having a significant effect on cormorant
populations, the Service will assess
cormorant survey data and update the
PTL at least every 10 years using data
acquired from the Service Permits
Information Tracking System. We will
publish a notice in the Federal Register
if we determine that the take of doublecrested cormorants should be changed
again in the future.
Dated: October 31, 2019.
Margaret E. Everson,
Principal Deputy Director, U.S. Fish and
Wildlife Service, Exercising the Authority of
the Director, U.S. Fish and Wildlife Service.
[FR Doc. 2019–27415 Filed 12–18–19; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[120 A2100DD/AAKC001030/
A0A501010.999900]
Sauk-Suiattle Indian Tribe Alcohol
Control Ordinance
AGENCY:
Bureau of Indian Affairs,
Interior.
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ACTION:
69763
Notice.
This notice publishes the
Alcohol Control Ordinance of the SaukSuiattle Indian Tribe. The alcohol
control ordinance is to regulate and
control the possession, sale,
manufacture, and distribution of alcohol
in conformity with the laws of the State
of Washington for the purpose of
generating new Tribal revenues.
Enactment of this ordinance will help
provide a source of revenue to
strengthen Tribal government, provide
for the economic viability of Tribal
enterprises, and improve delivery of
Tribal government services.
DATES: This code shall take effect on
December 19, 2019.
FOR FURTHER INFORMATION CONTACT: Mr.
Greg Norton, Tribal Government
Specialist, Northwest Regional Office,
Bureau of Indian Affairs, 911 NE 11th
Avenue, Portland, OR 97232, Phone:
(503) 231–6702; Fax: (503) 231–2201.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Sauk-Suiattle Tribal Council duly
adopted the Alcohol Control Ordinance
of the Sauk-Suiattle Indian Tribe on
May 16, 2019.
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 Sauk-Suiattle Indian
Tribal Council duly adopted the
Alcohol Control Ordinance of the SaukSuiattle Indian Tribe by Resolution No.
05/19A/2019 dated May 16, 2019.
SUMMARY:
Dated: November 18, 2019.
Tara Lean Sweeney,
Assistant Secretary—Indian Affairs.
Alcohol Control Ordinance of the SaukSuiattle Indian Tribe
Section 1. Definitions.
a. Alcoholic Liquor. Alcoholic liquor
means any alcoholic beverage
containing more than one half of one
percent alcohol by volume, and every
liquid or solid, patented or not,
containing alcohol and capable of being
consumed by a human being.
b. Barrel. Barrel means 31 gallons for
beer or malt beverages.
c. Beer or Malt Beverage. Beer or malt
beverage means any alcoholic beverage
obtained by the fermentation of any
infusion or decoction of barley, malt,
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69764
Federal Register / Vol. 84, No. 244 / Thursday, December 19, 2019 / Notices
hops, or any other product, or any
combination of such products in water
containing not more than 14 percent
alcohol by volume, and including ale,
porter, brown, stout, lager beer, small
beer, and strong beer. Also included are
beverages known as ’non-alcoholic beer’
which is made by fermentation of any
infusion or decoction of barley, malt,
hops, or other products, and containing
less than three percent, but more than
0.5 percent alcohol by volume. The term
‘malt beverage’ does not include sake,
known as Japanese rice wine.
d. Liquor Establishment. Liquor
establishment means any public place,
including a place available for rental by
the public, selling alcoholic liquor
either for consumption by the public on
the premises or for carry-out to be
consumed on private property. A liquor
establishment is not considered a public
place for purposes of the Sauk-Suiattle
Indian Tribe Law and Order Code
§ 5.9.000.
e. ‘‘To Sell’’ or ‘‘Sale’’
i. Whenever the words ‘‘sell’’ or ‘‘to
sell’’ refer to anything forbidden by this
ordinance and related to alcoholic
liquor, they include: (a) To solicit or
receive an order. (b) To keep or expose
for sale. (c) To deliver for value or in
any way other than purely gratuitously.
(d) To peddle. (e) To keep with intent
to sell. (f) To traffic in. (g) For any
consideration, promise or obtain
directly or indirectly or under any
pretext or by any means to procure or
allow to be procured for any other
person.
ii. The word ‘‘sale’’ includes every act
of selling as defined in subsection (i).
f. Wine. Wine means any alcoholic
beverage containing not more than 21
percent alcohol made from fruits,
berries, or grapes either by natural
fermentation or by natural fermentation
with brandy added. Wine includes, but
is not limited to, all sparkling wines,
champagnes, combinations of such
beverages, vermouths, special natural
wines, rectified wines, and like
products. The term ‘‘wine’’ does not
include cooking wine mixed with salt or
other ingredients so as to render it unfit
for human consumption as a beverage.
A liquid shall first be deemed to be a
wine at the point in the manufacturing
process when it conforms to the
definition of wine contained in this
section.
Section 2. Findings and Purpose.
a. The introduction, possession, and
sale of liquor on Indian reservations has
historically been recognized as a matter
of special concern to Indian tribes and
to the United States. The control of
liquor within the territorial jurisdiction
of the Sauk-Suiattle Indian Tribe
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remains exclusively subject to the
legislative enactments of the SaukSuiattle Indian Tribe in its exercise of
its governmental powers over its
territories, and the United States.
b. Federal Law prohibits the
introduction of liquor into Indian
Country (18 U.S.C. 1154), and
authorized tribes to decide when and to
what extent liquor transactions, sales,
possession and service shall be
permitted on their reservation (18 U.S.C.
1161).
c. Pursuant to the Constitution and
Bylaws of the Sauk-Suiattle Indian Tribe
Article VII § (B) the Sauk-Suiattle Tribal
Council, the governing body of the
Sauk-Suiattle Indian Tribe, has the
authority ‘‘to negotiate with the federal,
state, and local governments on behalf
of the tribe, and to advise and consult
with the representatives of the
department of the interior on all
activities of the department that may
affect the Sauk-Suiattle Indian Tribe.
d. Pursuant to Article VII § (P) the
Sauk-Suiattle Tribal Council has the
authority ‘‘to promulgate and enforce
ordinances governing the conduct of all
persons within the jurisdiction of the
Sauk-Suiattle Indian Tribe.’’
Section 3. Jurisdiction. To the greatest
extent feasible under existing law,
including but not limited to the Treaty
of Point Elliott and authority delegated
under Title 18, United States Code
Section 1161, this Act shall apply
throughout the territorial jurisdiction of
the Sauk-Suiattle Indian Tribe as set
forth in Article 1, Section 2, of the
Constitution of the Sauk-Suiattle Indian
Tribe approved by the Secretary of the
Interior on September 17, 1975. Nothing
herein shall be construed to limit the
inherent sovereignty of the SaukSuiattle Indian Tribe to regulate liquor
sales and service on all lands within the
Tribe’s reservation or which constitute
Indian Country as defined in 18 U.S.C.
1151 subject to the governmental
jurisdiction of the Sauk-Suiattle Indian
Tribe. To that end, this ordinance shall
be liberally construed.
Section 4. Provisions of Ordinance. It
shall be unlawful for any person to sell,
trade or manufacture any alcoholic
liquor within the territorial jurisdiction
of the Sauk-Suiattle Indian Tribe except
as provided for in this ordinance.
Section 5. Grant of Liquor
Establishment. All commercial liquor
establishments shall require a grant
from the tribal council of the SaukSuiattle Indian Tribe to operate. A grant
shall issue from a formal resolution of
the tribal council and shall specifically
outline the location of the
establishment, where alcohol is
permitted to be served on the premises,
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and the type of liquor establishment
being granted.
Section 5.1 Types of Liquor
Establishments. A grant from the tribal
council may provide for the liquor
establishment to be classified as one or
more of the following:
(a) Full Service—A full service
establishment may sell all legal
alcoholic liquors.
(b) Beer and Wine Only—A beer and
wine only establishment may only sell
beer or malt beverages and/or wine.
(c) Brewpub—A Brewpub is an
establishment that serves food and
manufactures beer or malt beverages on
the premises.
(d) Brewery—A Brewery is an
establishment that manufactures beer or
malt beverages.
Section 6. Ownership of Liquor
Establishments. All liquor
establishments within the territorial
jurisdiction of the Sauk-Suiattle Indian
Tribe shall be tribally owned, which
may include a corporate entity owned
entirely by the Sauk-Suiattle Indian
Tribe, and further it shall be unlawful
for any other business establishment or
person in the territorial jurisdiction of
the Sauk-Suiattle Indian Tribe to
possess, transport or keep with intent to
sell, barter, or trade to another, any
alcoholic liquor.
Section 7. Compliance with State Law.
All liquor establishments created by this
act must comply with the laws of the
State of Washington to the extent
required by 18 U.S.C. 1161. Such
compliance may be demonstrated either
via a current license issued by the
Washington State Liquor and Cannabis
Board or by complying with any
bilateral agreements the Tribe may enter
into with the State of Washington
regarding liquor sales, such as a
Memorandum of Understanding.
Section 8. Permissible Sales at Liquor
Establishments. Commercial liquor
establishments shall be permitted to sell
alcoholic liquors, subject to any
limitations based on classifications.
Section 9. Permissible Manufacture of
Beer or Malt Beverages.
Section 9.1 Brewpubs. A brewpub is
authorized to manufacture on the
granted premises not more than 1,500
barrels of malt beverage in a calendar
year solely for retail sale on the
premises and solely in draft form.
Section 9.2 Breweries. A Brewery is
authorized to manufacture and sell beer
and or malt beverages for on or off
premises consumption subject to the
following:
(a) Retail. A brewery grant holder may
sell beer or malt beverages to
individuals, provided, however that
such sales are limited to 3,000 barrels of
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malt beverages per year produced at the
premises to the following individuals:
a. Those who are on such premises for
consumption of beer or malt beverages
on the premises: and/or
b. Those who will consume the beer
or malt beverages off the premises,
provided, however, that such sales shall
not exceed a maximum of 288 ounces of
malt beverages per consumer per day.
(b) Wholesale. A brewer grant holder
may wholesale beer or malt beverages to
retailers, however that such sales are
limited to 10,000 barrels of beer or malt
beverages per year produced on
premises.
Section 10. Sauk-Suiattle Indian Tribe
Law and Order Code Unaffected.
Nothing in this Act is intended to repeal
any part of the Sauk-Suiattle Indian
Tribe Law and Order Code. It shall
remain unlawful for any person, to, in
a public place, consume alcohol, or
possesses or be in control of an open
container containing alcohol, except
that a liquor establishment operating
pursuant to this Ordinance shall not be
considered a public place for purposes
of the Sauk-Suiattle Indian Tribe Law
and Order Code.
Section 11. Minors.
a. It shall be unlawful for any person
under the age of 21 years to buy, attempt
to buy or to misrepresent their age in
attempting to buy alcoholic liquor. It
shall be unlawful for any person under
the age of 21 years to transport, possess
or consume any alcoholic liquor in the
territorial jurisdiction of the SaukSuiattle Indian Tribe. No person shall
sell or furnish alcoholic liquor to any
minor.
b. Proof of Minimum Age: Where
there may be a question of a person’s
right to purchase alcoholic liquor by
reason of his age, such person shall be
required to present any one of the
following official issued cards of
identification which shows his correct
age and bears his signature and
photograph:
i. Liquor control authority card of
identification of any state;
ii. Driver’s license of any state or
‘‘Identicard’’ issued by the Washington
State Department of Motor Vehicles;
iii. United States active duty military
identification;
iv. Passport;
v. Any Tribal Identification card
accepted by the State of Washington as
official identification for purposes of
purchasing alcohol;
vi. Sauk-Suiattle Tribal identification
card.
Section 12. Employment. No person
shall be hired to work in a tribally
owned liquor establishment if they are
a minor.
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Section 13. Enforcement and
Penalties.
a. All liquor establishments, including
any places used for storage or sale of
liquor or any premises or parts of
premises used or in any way connected
physically or otherwise with the liquor
establishment shall at all times be
opened to inspection by any tribal
inspector or tribal police officer.
b. Every person, being on any such
premises and having charge thereof,
who refuses or fails to admit a tribal
inspector or tribal police officer,
demanding to enter therein in
pursuance of this section and executing
a duly authorized duty, or who
obstructs or attempts to obstruct the
entry of such inspector or tribal police
officer, or who refuses or neglects to
make any return required by this Title
or the regulations passed pursuant
thereto, shall be thereby deemed to have
violated this Title.
c. For violation of any section of this
Ordinance the person so convicted shall
be subject to a fine not to exceed Three
Hundred Sixty Dollars ($360) and/or
shall be sentenced to jail for a period
not to exceed six months, or both.
d. All contraband liquor shall be
confiscated by the Sauk-Suiattle Tribal
Police Department and preserved in
accordance with the established
procedures for the preservation of
impounded property.
e. Serious or repeated infractions may
result in the suspension or termination
of the liquor establishment grant by the
Sauk-Suiattle Tribal Council. Prior to
suspension or termination of the liquor
establishment grant, the Tribal Council
shall provide notice to the grant holder
at least ten (10) days prior to the
suspension or cancellation. The grant
holder shall have the right, prior to the
suspension or termination date, to apply
to the Sauk-Suiattle Tribal Court for a
hearing to determine whether the grant
was rightfully suspended or terminated.
The sovereign immunity of the SaukSuiattle Indian Tribe is waived for this
hearing; provided, however, that such
waiver shall not be construed to allow
an award of money damages against the
Tribe nor any other relief other than a
declaration of rights, nor shall it be
construed to waive the sovereign
immunity of the Tribe in any court but
the Tribal Court.
f. The Sauk-Suiattle Tribal Court shall
have exclusive jurisdiction to enforce
this code and the civil fines, criminal
punishment and exclusion authorized
by this section or the Sauk-Suiattle Law
and Order Code.
Section 14. Sovereign Immunity.
Unless specifically provided herein,
nothing in this code is intended or shall
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69765
be construed as a waiver of the
sovereign immunity of the Sauk-Suiattle
Indian Tribe. No liquor establishment,
nor any of its employees, shall be
authorized, nor shall they attempt, to
waive the sovereign immunity of the
Sauk-Suiattle Indian Tribe pursuant to
this Code.
Section 15. Severability. If any
provision or provisions in this code are
held invalid by a court of competent
jurisdiction, this Code shall continue in
effect as if the invalid provision(s) were
not a part hereof.
Section 16. Effective Date. This Code
shall be effective following approval by
the Tribal and Council and approval by
the Secretary of the Interior or his/her
designee and publication in the Federal
Register as provided by federal law.
[FR Doc. 2019–27400 Filed 12–18–19; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLOR957000.L63100000.HD0000.
20XL1116AF.HAG 20–0034]
Filing of Plats of Survey: Oregon/
Washington
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
The plats of survey of the
following described lands are scheduled
to be officially filed in the Bureau of
Land Management (BLM), Oregon State
Office, Portland, Oregon, 30 calendar
days from the date of this publication.
The surveys, which were executed at
the request of the BLM, are necessary for
the management of these lands.
DATES: Protests must be received by the
BLM by January 21, 2020.
ADDRESSES: A copy of the plats may be
obtained from the Public Room at the
Bureau of Land Management, Oregon
State Office, 1220 SW 3rd Avenue,
Portland, Oregon 97204, upon required
payment. The plats may be viewed at
this location at no cost.
FOR FURTHER INFORMATION CONTACT: Kyle
Hensley, (503) 808–6124, Branch of
Geographic Sciences, Bureau of Land
Management, 1220 SW 3rd Avenue,
Portland, Oregon 97204. Persons who
use a telecommunications device for the
deaf (TDD) may call the Federal Relay
Service at 1–800–877–8339 to contact
the above individual during normal
business hours. The service is available
24 hours a day, 7 days a week, to leave
a message or question with the above
individual. You will receive a reply
during normal business hours.
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 244 (Thursday, December 19, 2019)]
[Notices]
[Pages 69763-69765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27400]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[120 A2100DD/AAKC001030/A0A501010.999900]
Sauk-Suiattle Indian Tribe Alcohol Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Alcohol Control Ordinance of the
Sauk-Suiattle Indian Tribe. The alcohol control ordinance is to
regulate and control the possession, sale, manufacture, and
distribution of alcohol in conformity with the laws of the State of
Washington for the purpose of generating new Tribal revenues. Enactment
of this ordinance will help provide a source of revenue to strengthen
Tribal government, provide for the economic viability of Tribal
enterprises, and improve delivery of Tribal government services.
DATES: This code shall take effect on December 19, 2019.
FOR FURTHER INFORMATION CONTACT: Mr. Greg Norton, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE
11th Avenue, Portland, OR 97232, Phone: (503) 231-6702; Fax: (503) 231-
2201.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The Sauk-Suiattle Tribal Council duly
adopted the Alcohol Control Ordinance of the Sauk-Suiattle Indian Tribe
on May 16, 2019.
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 Sauk-Suiattle Indian Tribal Council duly
adopted the Alcohol Control Ordinance of the Sauk-Suiattle Indian Tribe
by Resolution No. 05/19A/2019 dated May 16, 2019.
Dated: November 18, 2019.
Tara Lean Sweeney,
Assistant Secretary--Indian Affairs.
Alcohol Control Ordinance of the Sauk-Suiattle Indian Tribe
Section 1. Definitions.
a. Alcoholic Liquor. Alcoholic liquor means any alcoholic beverage
containing more than one half of one percent alcohol by volume, and
every liquid or solid, patented or not, containing alcohol and capable
of being consumed by a human being.
b. Barrel. Barrel means 31 gallons for beer or malt beverages.
c. Beer or Malt Beverage. Beer or malt beverage means any alcoholic
beverage obtained by the fermentation of any infusion or decoction of
barley, malt,
[[Page 69764]]
hops, or any other product, or any combination of such products in
water containing not more than 14 percent alcohol by volume, and
including ale, porter, brown, stout, lager beer, small beer, and strong
beer. Also included are beverages known as 'non-alcoholic beer' which
is made by fermentation of any infusion or decoction of barley, malt,
hops, or other products, and containing less than three percent, but
more than 0.5 percent alcohol by volume. The term `malt beverage' does
not include sake, known as Japanese rice wine.
d. Liquor Establishment. Liquor establishment means any public
place, including a place available for rental by the public, selling
alcoholic liquor either for consumption by the public on the premises
or for carry-out to be consumed on private property. A liquor
establishment is not considered a public place for purposes of the
Sauk-Suiattle Indian Tribe Law and Order Code Sec. 5.9.000.
e. ``To Sell'' or ``Sale''
i. Whenever the words ``sell'' or ``to sell'' refer to anything
forbidden by this ordinance and related to alcoholic liquor, they
include: (a) To solicit or receive an order. (b) To keep or expose for
sale. (c) To deliver for value or in any way other than purely
gratuitously. (d) To peddle. (e) To keep with intent to sell. (f) To
traffic in. (g) For any consideration, promise or obtain directly or
indirectly or under any pretext or by any means to procure or allow to
be procured for any other person.
ii. The word ``sale'' includes every act of selling as defined in
subsection (i).
f. Wine. Wine means any alcoholic beverage containing not more than
21 percent alcohol made from fruits, berries, or grapes either by
natural fermentation or by natural fermentation with brandy added. Wine
includes, but is not limited to, all sparkling wines, champagnes,
combinations of such beverages, vermouths, special natural wines,
rectified wines, and like products. The term ``wine'' does not include
cooking wine mixed with salt or other ingredients so as to render it
unfit for human consumption as a beverage. A liquid shall first be
deemed to be a wine at the point in the manufacturing process when it
conforms to the definition of wine contained in this section.
Section 2. Findings and Purpose.
a. The introduction, possession, and sale of liquor on Indian
reservations has historically been recognized as a matter of special
concern to Indian tribes and to the United States. The control of
liquor within the territorial jurisdiction of the Sauk-Suiattle Indian
Tribe remains exclusively subject to the legislative enactments of the
Sauk-Suiattle Indian Tribe in its exercise of its governmental powers
over its territories, and the United States.
b. Federal Law prohibits the introduction of liquor into Indian
Country (18 U.S.C. 1154), and authorized tribes to decide when and to
what extent liquor transactions, sales, possession and service shall be
permitted on their reservation (18 U.S.C. 1161).
c. Pursuant to the Constitution and Bylaws of the Sauk-Suiattle
Indian Tribe Article VII Sec. (B) the Sauk-Suiattle Tribal Council,
the governing body of the Sauk-Suiattle Indian Tribe, has the authority
``to negotiate with the federal, state, and local governments on behalf
of the tribe, and to advise and consult with the representatives of the
department of the interior on all activities of the department that may
affect the Sauk-Suiattle Indian Tribe.
d. Pursuant to Article VII Sec. (P) the Sauk-Suiattle Tribal
Council has the authority ``to promulgate and enforce ordinances
governing the conduct of all persons within the jurisdiction of the
Sauk-Suiattle Indian Tribe.''
Section 3. Jurisdiction. To the greatest extent feasible under
existing law, including but not limited to the Treaty of Point Elliott
and authority delegated under Title 18, United States Code Section
1161, this Act shall apply throughout the territorial jurisdiction of
the Sauk-Suiattle Indian Tribe as set forth in Article 1, Section 2, of
the Constitution of the Sauk-Suiattle Indian Tribe approved by the
Secretary of the Interior on September 17, 1975. Nothing herein shall
be construed to limit the inherent sovereignty of the Sauk-Suiattle
Indian Tribe to regulate liquor sales and service on all lands within
the Tribe's reservation or which constitute Indian Country as defined
in 18 U.S.C. 1151 subject to the governmental jurisdiction of the Sauk-
Suiattle Indian Tribe. To that end, this ordinance shall be liberally
construed.
Section 4. Provisions of Ordinance. It shall be unlawful for any
person to sell, trade or manufacture any alcoholic liquor within the
territorial jurisdiction of the Sauk-Suiattle Indian Tribe except as
provided for in this ordinance.
Section 5. Grant of Liquor Establishment. All commercial liquor
establishments shall require a grant from the tribal council of the
Sauk-Suiattle Indian Tribe to operate. A grant shall issue from a
formal resolution of the tribal council and shall specifically outline
the location of the establishment, where alcohol is permitted to be
served on the premises, and the type of liquor establishment being
granted.
Section 5.1 Types of Liquor Establishments. A grant from the tribal
council may provide for the liquor establishment to be classified as
one or more of the following:
(a) Full Service--A full service establishment may sell all legal
alcoholic liquors.
(b) Beer and Wine Only--A beer and wine only establishment may only
sell beer or malt beverages and/or wine.
(c) Brewpub--A Brewpub is an establishment that serves food and
manufactures beer or malt beverages on the premises.
(d) Brewery--A Brewery is an establishment that manufactures beer
or malt beverages.
Section 6. Ownership of Liquor Establishments. All liquor
establishments within the territorial jurisdiction of the Sauk-Suiattle
Indian Tribe shall be tribally owned, which may include a corporate
entity owned entirely by the Sauk-Suiattle Indian Tribe, and further it
shall be unlawful for any other business establishment or person in the
territorial jurisdiction of the Sauk-Suiattle Indian Tribe to possess,
transport or keep with intent to sell, barter, or trade to another, any
alcoholic liquor.
Section 7. Compliance with State Law. All liquor establishments
created by this act must comply with the laws of the State of
Washington to the extent required by 18 U.S.C. 1161. Such compliance
may be demonstrated either via a current license issued by the
Washington State Liquor and Cannabis Board or by complying with any
bilateral agreements the Tribe may enter into with the State of
Washington regarding liquor sales, such as a Memorandum of
Understanding.
Section 8. Permissible Sales at Liquor Establishments. Commercial
liquor establishments shall be permitted to sell alcoholic liquors,
subject to any limitations based on classifications.
Section 9. Permissible Manufacture of Beer or Malt Beverages.
Section 9.1 Brewpubs. A brewpub is authorized to manufacture on the
granted premises not more than 1,500 barrels of malt beverage in a
calendar year solely for retail sale on the premises and solely in
draft form.
Section 9.2 Breweries. A Brewery is authorized to manufacture and
sell beer and or malt beverages for on or off premises consumption
subject to the following:
(a) Retail. A brewery grant holder may sell beer or malt beverages
to individuals, provided, however that such sales are limited to 3,000
barrels of
[[Page 69765]]
malt beverages per year produced at the premises to the following
individuals:
a. Those who are on such premises for consumption of beer or malt
beverages on the premises: and/or
b. Those who will consume the beer or malt beverages off the
premises, provided, however, that such sales shall not exceed a maximum
of 288 ounces of malt beverages per consumer per day.
(b) Wholesale. A brewer grant holder may wholesale beer or malt
beverages to retailers, however that such sales are limited to 10,000
barrels of beer or malt beverages per year produced on premises.
Section 10. Sauk-Suiattle Indian Tribe Law and Order Code
Unaffected. Nothing in this Act is intended to repeal any part of the
Sauk-Suiattle Indian Tribe Law and Order Code. It shall remain unlawful
for any person, to, in a public place, consume alcohol, or possesses or
be in control of an open container containing alcohol, except that a
liquor establishment operating pursuant to this Ordinance shall not be
considered a public place for purposes of the Sauk-Suiattle Indian
Tribe Law and Order Code.
Section 11. Minors.
a. It shall be unlawful for any person under the age of 21 years to
buy, attempt to buy or to misrepresent their age in attempting to buy
alcoholic liquor. It shall be unlawful for any person under the age of
21 years to transport, possess or consume any alcoholic liquor in the
territorial jurisdiction of the Sauk-Suiattle Indian Tribe. No person
shall sell or furnish alcoholic liquor to any minor.
b. Proof of Minimum Age: Where there may be a question of a
person's right to purchase alcoholic liquor by reason of his age, such
person shall be required to present any one of the following official
issued cards of identification which shows his correct age and bears
his signature and photograph:
i. Liquor control authority card of identification of any state;
ii. Driver's license of any state or ``Identicard'' issued by the
Washington State Department of Motor Vehicles;
iii. United States active duty military identification;
iv. Passport;
v. Any Tribal Identification card accepted by the State of
Washington as official identification for purposes of purchasing
alcohol;
vi. Sauk-Suiattle Tribal identification card.
Section 12. Employment. No person shall be hired to work in a
tribally owned liquor establishment if they are a minor.
Section 13. Enforcement and Penalties.
a. All liquor establishments, including any places used for storage
or sale of liquor or any premises or parts of premises used or in any
way connected physically or otherwise with the liquor establishment
shall at all times be opened to inspection by any tribal inspector or
tribal police officer.
b. Every person, being on any such premises and having charge
thereof, who refuses or fails to admit a tribal inspector or tribal
police officer, demanding to enter therein in pursuance of this section
and executing a duly authorized duty, or who obstructs or attempts to
obstruct the entry of such inspector or tribal police officer, or who
refuses or neglects to make any return required by this Title or the
regulations passed pursuant thereto, shall be thereby deemed to have
violated this Title.
c. For violation of any section of this Ordinance the person so
convicted shall be subject to a fine not to exceed Three Hundred Sixty
Dollars ($360) and/or shall be sentenced to jail for a period not to
exceed six months, or both.
d. All contraband liquor shall be confiscated by the Sauk-Suiattle
Tribal Police Department and preserved in accordance with the
established procedures for the preservation of impounded property.
e. Serious or repeated infractions may result in the suspension or
termination of the liquor establishment grant by the Sauk-Suiattle
Tribal Council. Prior to suspension or termination of the liquor
establishment grant, the Tribal Council shall provide notice to the
grant holder at least ten (10) days prior to the suspension or
cancellation. The grant holder shall have the right, prior to the
suspension or termination date, to apply to the Sauk-Suiattle Tribal
Court for a hearing to determine whether the grant was rightfully
suspended or terminated. The sovereign immunity of the Sauk-Suiattle
Indian Tribe is waived for this hearing; provided, however, that such
waiver shall not be construed to allow an award of money damages
against the Tribe nor any other relief other than a declaration of
rights, nor shall it be construed to waive the sovereign immunity of
the Tribe in any court but the Tribal Court.
f. The Sauk-Suiattle Tribal Court shall have exclusive jurisdiction
to enforce this code and the civil fines, criminal punishment and
exclusion authorized by this section or the Sauk-Suiattle Law and Order
Code.
Section 14. Sovereign Immunity. Unless specifically provided
herein, nothing in this code is intended or shall be construed as a
waiver of the sovereign immunity of the Sauk-Suiattle Indian Tribe. No
liquor establishment, nor any of its employees, shall be authorized,
nor shall they attempt, to waive the sovereign immunity of the Sauk-
Suiattle Indian Tribe pursuant to this Code.
Section 15. Severability. If any provision or provisions in this
code are held invalid by a court of competent jurisdiction, this Code
shall continue in effect as if the invalid provision(s) were not a part
hereof.
Section 16. Effective Date. This Code shall be effective following
approval by the Tribal and Council and approval by the Secretary of the
Interior or his/her designee and publication in the Federal Register as
provided by federal law.
[FR Doc. 2019-27400 Filed 12-18-19; 8:45 am]
BILLING CODE 4337-15-P
