Tule River Indian Tribe of the Tule River Reservation; Amended and Restated Liquor Ordinance, 524-529 [2019-28443]
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Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–7022–N–02]
60-Day Notice of Proposed Information
Collection: Federal Labor Standards
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Field Policy and Management,
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ACTION: Notice.
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Number of
respondents
Information collection
HUD–4730 Federal Labor Standards Questionnaire .........
HUD–4730SP Cuestionario De Esta´ndares Federales De
Trabajo ...............................................................................
HUD–4731 Compliant Intact Form .....................................
HUD–4730E
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B. Solicitation of Public Comment
This notice is soliciting comments
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Responses
per annum
Title of Information Collection:
Federal Labor Standards Questionnaire
Compliant Intake Form 4730.
OMB Control Number: 2501–0018.
Description of the need for the
information and proposed use: The
information is used by HUD to fulfill its
obligation to enforce Federal labor
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Agency form numbers, if applicable:
HUD FORM 4730, 4730 SP, 4731.
Estimation of the total numbers of
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Burden
hour per
response
Annual
burden
Hourly
cost per
response
Annual cost
1
650
.50
325
$42.50
$13,813
650
500
1
1
650
500
.50
.50
325
250
42.50
42.50
13,813
10,625
........................
....................
42.50
38,251
HUD is eliminating the use of this form
1,800
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: The Paperwork Reduction Act
of 1995, 44 U.S.C., Chapter 35, as amended.
Dated: December 18, 2019.
Ben Demarzo,
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Policy and Management.
[FR Doc. 2019–28529 Filed 1–3–20; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[120 A2100DD/AAKC001030/
A0A501010.999900]
Tule River Indian Tribe of the Tule
River Reservation; Amended and
Restated Liquor Ordinance
AGENCY:
Bureau of Indian Affairs,
Interior.
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A. Overview of Information Collection
650
On-Line Employee Questionnaire .................
Total ...............................................................................
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Frequency
of response
This
notice informs the public that HUD is
seeking approval from OMB for the
information collection described in
Section A.
SUPPLEMENTARY INFORMATION:
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ACTION:
900
Notice.
This notice publishes the
Tule River Indian Tribe of the Tule
River Reservation’s Amended and
Restated Liquor Ordinance. The Liquor
Ordinance regulates and controls the
consumption, possession, manufacture,
distribution, and sale of liquor within
the Reservation.
DATES: This ordinance shall take effect
on February 5, 2020.
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
SUMMARY:
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Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Notices
Register notice of adopted liquor control
ordinances for the purpose of regulating
liquor transactions in Indian country.
On April 29, 2019, the Tule River Indian
Tribe of the Tule River Reservation duly
adopted the Amended and Restated
Liquor Ordinance. This Federal Register
Notice comprehensively amends and
supersedes the existing Tule River
Indian Reservation Ordinance
Legalizing the Introduction, Sale, or
Possession of Intoxicants, which was
published in the Federal Register on
December 30, 1970 (35 FR 19798), and
repeals all previous ordinances
regulating liquor within the Reservation,
including the ordinance published in
the Federal Register on April 9, 1954
(19 FR 2065).
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 Tule River Indian Tribe
of the Tule River Reservation duly
adopted these amendments to the
Tribe’s Liquor Ordinance on April 29,
2019.
Dated: December 17, 2019.
Tara Sweeney,
Assistant Secretary—Indian Affairs.
III. Scope
A. This Liquor Ordinance shall apply
to the full extent of the jurisdiction of
the Tribe.
B. Compliance with this Liquor
Ordinance is hereby made a condition
of the use of any land or premises
within the Reservation.
C. Any person who resides, conducts
business, engages in a business
transaction, receives benefits from the
Tribe, acts under Tribal authority, or
enters the Reservation shall be deemed
to have consented to the following:
1. To be bound by the terms of this
Liquor Ordinance;
2. To the exclusive jurisdiction of the
Tribal Court and Tribal Court of
Appeals for legal action arising under
this Liquor Ordinance; and
3. To service of summons and
process, and search and seizure, in
conjunction with legal actions arising
pursuant to this Liquor Ordinance.
D. No portion of this Liquor
Ordinance shall be construed as
contrary to Federal law or applicable
California laws.
IV. Purpose
The Tule River Indian Tribe of the
Tule River Reservation’s Amended and
Restated Liquor Ordinance shall read as
follows:
This ordinance shall be known as the
Amended and Restated Liquor
Ordinance. The short title shall be
‘‘Liquor Ordinance’’.
The purpose of this Liquor Ordinance
is to regulate and control the
consumption, possession, manufacture,
distribution and sale of liquor within
the Reservation (as defined herein), and
to permit the sale of liquor by Tribal
Retailers, Existing Retailers and
Retailers (each as defined herein) to
promote the economic development of
the Tribe. The enactment of this Liquor
Ordinance will increase the ability of
the Tribal government to control liquor
sales and consumption within the
Reservation and will provide an
important source of revenue for the
continued operation and strengthening
of the Tribal government and the
delivery of Tribal government services.
This Liquor Ordinance amends and
restates the previous ordinance
regulating liquor within the Reservation
adopted November 7, 1970 and
published in the Federal Register on
December 30, 1970 at 35 FR 19798, and
repeals all previous ordinances
regulating liquor within the Reservation,
including the ordinance published in
the Federal Register on April 9, 1954 at
19 FR 2065.
II. Authority
V. Findings
This Liquor 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 VI, Section 1(a) of the
Constitution of the Tule River Indian
The Tribal Council finds as follows:
A. The consumption, possession,
manufacture, distribution and sale of
liquor in Indian Country are matters of
particular concern to the Tribe and the
Ordinance No. 2019—
Amended and Restated Liquor
Ordinance
Table of Contents
I. Title
II. Authority
III. Scope
IV. Purpose
V. Findings
VI. Definitions
VII. Powers of Enforcement
VIII. Sales of Liquor
IX. Licensing
X. Manufacture and Distribution
XI. Prohibitions and Violations
XII. Enforcement and Penalties
XIII. Taxation
XIV. Profits
XV. Severability and Miscellaneous
I. Title
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Tribe (the ‘‘Tribe’’), in conformity with
the laws of the State of California.
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United States. Consistent with the laws
of the United States, the control of
liquor within the Reservation remains
subject to the legislative enactments of
the Tribe in the exercise of its
governmental powers over the
Reservation.
B. Federal law permits the sale of
liquor within the Reservation; provided
the sale and possession of liquor is
consistent with the laws of the State of
California and pursuant to an Ordinance
duly adopted by the Tribe (18 U.S.C.
1161).
C. The Tribal Council, as the
governing body of the Tribe under
Article III, Section 1 of the Constitution
of the Tribe, desires to adopt this Liquor
Ordinance to authorize and regulate the
consumption, possession, manufacture,
distribution and sale of liquor within
the Reservation, as provided herein.
VI. Definitions
As used in this Liquor Ordinance, the
following words shall have the
following meanings unless the context
clearly requires otherwise.
A. ‘‘Alcohol’’ means that substance
known as ethyl alcohol, hydrated oxide
of ethyl, or spirits of wine which is
commonly produced by the
fermentation or distillation of grain,
starch, molasses, or sugar, or other
substances including all dilutions of
this substance.
B. ‘‘Beer’’ means any alcoholic
beverage obtained 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 beer, small beer, and strong beer.
C. ‘‘Existing Retailer’’ means a person
who, prior to the effective date of this
Liquor Ordinance: (i) Is operating and
continues to operate a retail business
located within the Reservation; and (ii)
has a license or permit (as applicable)
issued by the California Department of
Alcoholic Beverage Control for such
Liquor sales.
D. ‘‘Legal Age’’ means the age set by
the State of California at which it is
legal to purchase, consume, or possess
Liquor. At the time of the enactment of
this Liquor Ordinance, the State of
California sets the Legal Age at twentyone (21). At such time, if any, the State
of California sets the Legal Age below
age twenty-one (21), the Tribal Council,
in its sole discretion shall promulgate
regulations to set the Legal Age within
the Reservation; provided such Legal
Age is at or above the age set by the
State of California.
E. ‘‘License’’ means a license issued
pursuant to this Liquor Ordinance for
the Sale of Liquor.
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F. ‘‘Licensed Premises’’ means the
establishment in which Liquor is
permitted to be retailed and consumed.
G. ‘‘Liquor’’ means the four varieties
of liquor herein defined (Alcohol,
Spirits, Wine and Beer), and all
fermented spirituous, vinous, or malt
liquor or combination thereof, and
mixed liquor, or otherwise intoxicating;
and every liquid or solid or semisolid or
other substance, patented or not,
containing Alcohol, Spirits, Wine or
Beer. All drinks or drinkable liquids and
all preparations or mixtures capable of
human consumption and any liquid,
semisolid, solid, or other substances,
which contain more than one percent
(1%) of Alcohol by weight shall be
conclusively deemed to be intoxicating.
H. ‘‘Person’’ means any natural person
or entity, including but not limited to
corporations, partnerships and trusts.
I. ‘‘Reservation’’ means all lands
under the jurisdiction and control of the
Tule River Indian Tribe and its Tribal
Council.
J. ‘‘Retailer’’ means a person who is
authorized by the Tribe to sell Liquor at
retail from a business located within the
Reservation after the Effective Date of
this Liquor Ordinance.
K. ‘‘Sale’’ and ‘‘Sell’’ means any
exchange or barter; and also includes
the selling, supplying or distributing by
any means whatsoever, by any person to
any person.
L. ‘‘Spirits’’ means any beverage
which contains Alcohol obtained by
distillation, including Wines exceeding
seventeen percent (17%) of Alcohol by
weight.
M. ‘‘Tribal Court of Appeals’’ means
the Tribal Court of Appeals or any other
entity explicitly designated by the Tribe
to serve in that capacity for purposes of
this Liquor Ordinance and as permitted
under the Compact.
N. ‘‘Tribal Court’’ means the judicial
branch of the Tribe and such other
divisions as the Tribal Council may
establish by provision.
O. ‘‘Tribal Liquor Tax’’ means the tax
imposed as defined in Section XIII.A.
P. ‘‘Tribal Retailer’’ means a retailer
wholly-owned by the Tribe and located
within the Reservation who maintains a
license or permit (as applicable) issued
by the California Department of
Alcoholic Beverage Control.
Q. ‘‘Tribal’’ and ‘‘Tribe’’ means the
Tule River Indian Tribe of California, a
federally recognized sovereign nation,
including all incorporated and/or
unincorporated Tribal governmental
entities (including, without limitation,
the Tribal Council, Gaming
Commission, any economic
development entities) and their officials,
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officers, managers, agents and
employees.
R. ‘‘Tule River Tribal Council’’ or
‘‘Tribal Council’’ means the governing
body of the Tribe.
S. ‘‘Wine’’ means any alcoholic
beverage obtained by fermentation of
fruits (grapes, berries, apples, etc.) or
other agricultural product containing
sugar to which any saccharine
substances may have been added before,
during or after fermentation, and
containing not more than seventeen
percent (17%) of Alcohol by weight,
including sweet Wines fortified with
wine spirits such as port, sherry,
muscatel, and angelica, not exceeding
seventeen percent (17%) of Alcohol by
weight and sake (known as Japanese rice
wine).
VII. Powers of Enforcement
A. Powers. The Tribal Council, in
furtherance of this Liquor Ordinance,
shall have the following powers and
duties:
1. To publish and enforce the rules
and regulations governing the
consumption, possession, manufacture,
distribution and Sale of Liquor within
the Reservation;
2. 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;
3. To authorize a representative to
enforce this Liquor Ordinance;
4. To issue Licenses permitting the
consumption, possession, manufacture,
distribution and Sale of Liquor within
the Reservation;
5. To revoke such Licenses as
provided herein;
6. To issue Licenses permitting the
Sale of Liquor within the Reservation;
7. To hold hearings on violations of
this Liquor Ordinance (including the
issuance or revocation of Licenses
hereunder);
8. To bring suit in the appropriate
court to enforce this Liquor Ordinance
as necessary;
9. To determine and seek damages for
violation of this Liquor Ordinance; and
10. To collect taxes and fees levied or
set by the Tribal Council, and to keep
accurate records, books and accounts.
B. Limitation on Powers. In the
exercise of its powers and duties under
this Liquor Ordinance, the Tribal
Council and its individual members
shall not accept any gratuity,
compensation or any item of value from
any Liquor wholesaler, retailer, or
distributor or from any licensee.
C. Inspection Rights. The Tribal
Council, acting through its officials,
agents, employees or other designated
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representatives may, at all reasonable
times, for the purposes of determining
compliance with this Liquor Ordinance
inspect the Licensed Premises.
VIII. Sales of Liquor
A. Licenses Required. Only Tribal
Retailers, Existing Retailers, and
Retailers licensed by the Tribe, may Sell
Liquor within the Reservation. For
purposes of clarity, a Tribal Retailer and
Existing Retailer only require the
applicable license or permit issued by
the California Department of Alcoholic
Beverage Control to Sell Liquor within
the Reservation.
B. Compliance with California Law.
All Sales of Liquor within the
Reservation must comply with
California law applicable to Sales of
Liquor within the Reservation and must
be in compliance with the conditions of
the license or permit (as applicable)
issued by the California Department of
Alcoholic Beverage Control for such
Sales of Liquor.
C. No Extensions of Credit. No credit
shall be extended to any person,
organization, or entity, for the Sale of
Liquor. This provision does not prevent
the use of major credit cards in the Sale
of Liquor.
D. Sale for Personal Consumption. All
Sales shall be for the personal use and
consumption of the purchaser. Resale of
Liquor purchased within the
Reservation is prohibited. Any person
who is not licensed pursuant to this
Liquor Ordinance and purchases Liquor
within the Reservation and Sells it,
whether in the original container or not,
shall be guilty of a violation of this
Liquor Ordinance and shall be subjected
to paying damages to the Tribe as set
forth herein.
E. Acceptable Identification. Where
there may be a question of a person’s
right to purchase Liquor by reason of
his/her age, such person shall be
required to present any one of the
following issued cards of identification
which shows his/her correct age and
bears his/her signature and photograph:
1. Tribal identification card;
2. Driver’s license of any state or
identification card issued by any State
Department of Motor Vehicles;
3. United States active duty military
or veteran identification cards; or
4. Passport.
IX. Licensing
A. Applicable License Requirements
1. Tribal Retailers. Tribal Retailers
must obtain a license or permit (as
applicable) from the California
Department of Alcoholic Beverage
Control in order to Sell Liquor within
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the Reservation, but shall not be
required to obtain a License.
2. Existing Retailers. Existing Retailers
must obtain a license or permit (as
applicable) from the California
Department of Alcoholic Beverage
Control and an additional License from
the Tribe in order to Sell Liquor within
the Reservation. In order to obtain a
License from the Tribe, the Existing
Retailer must present their license or
permit (as applicable) from the
California Department of Alcoholic
Beverage Control to the Tribal Council,
certify that he/she is continually
operating such business in compliance
with the conditions of such license or
permit, and agree to comply with the
requirements of this Liquor Ordinance
and the conditions, if any, imposed on
their License by the Tribal Council.
3. Retailers. In addition to a license or
permit (as applicable) issued by the
California Department of Alcoholic
Beverage Control, Retailers must obtain
a License from the Tribe which shall be
issued upon submittal of a sworn
application filed with the Tribal Council
containing a full and complete showing
of the following:
a. Satisfactory proof that the applicant
is or will be duly licensed by the State
of California.
b. Satisfactory proof that the applicant
is of good character and reputation
among the people of the Reservation
and that the applicant is financially
responsible.
c. A description of the premises in
which the Liquor is to be sold and proof
that the applicant is the owner of such
premises, or lessee of such premises, for
the term of the License.
d. Agreement by the applicant to
accept and abide by all conditions of the
License.
e. Payment of a fee as prescribed by
the Tribal Council.
f. Satisfactory proof that neither the
applicant nor the applicant’s spouse has
ever been convicted of a felony.
g. Satisfactory proof that notice of the
application has been posted in a
prominent, noticeable place on the
premises where Liquor is to be sold for
at least thirty (30) days prior to
consideration by the Tribal Council and
has been published in the Tribal
newsletter, email, or other print or
online media directed to the Tribal
community that may be affected by the
License. The notice shall state the date,
time, and place when the application
shall be considered by the Tribal
Council pursuant to Section B of this
Article.
B. Hearing on Application for Tribal
Liquor License. All applications for a
License shall be considered by the
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Tribal Council in an open session at
which the applicant, his/her attorney,
and any person protesting the
application shall have the right to be
present, and to offer sworn oral or
documentary evidence relevant to the
application. After the hearing, the Tribal
Council, by secret ballot, shall
determine whether to grant or deny the
application based on:
1. Whether the requirements of
Section A of this Article have been met;
and
2. Whether the Tribal Council, in its
discretion, determines that granting the
License is in the best interest of the
Tribe.
In the event that the applicant is the
immediate family of a Tribal Council
member, such member shall not vote on
the application or participate in the
hearings as a Tribal Council member.
C. Special Events. Sales of Liquor at
special events do not require a License,
provided such Sales are conducted
consistent with applicable California
law (including obtaining a permit or
authorization for such special event to
the extent required) and do not exceed
one (1) day.
D. Conditions of the Tribal License.
Any License issued under this Liquor
Ordinance shall be subject to such
reasonable conditions as the Tribal
Council shall impose, including, but not
limited to the following:
1. The License shall be for a term not
to exceed two (2) years and shall
automatically renew upon the payment
of annual fees, if any, established by the
Tribal Council.
2. The Licensed Premises shall at all
times be maintained in an orderly,
clean, and neat manner.
3. The Licensed Premises shall be
subject to patrol by the Tule River
Department of Public Safety, and such
other law enforcement officials as may
be authorized under Federal, California,
or Tribal law.
4. The Licensed Premises shall be
open to inspection by duly authorized
Tribal officials at all times during the
regular business hours.
5. Subject to the provisions of
Subsection D.6. of this Article, no
Liquor shall be sold, served, disposed
of, delivered, or given to any person, or
consumed on the Licensed Premises
except in conformity with the hours and
days prescribed by the laws of the State
of California, and in accordance with
the hours fixed by the Tribal Council.
6. All acts and transactions under
authority of a License shall be in
conformity with the laws of the State of
California, and shall be in accordance
with this Liquor Ordinance and any
conditions imposed on such License.
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7. No person under the Legal Age
permitted under the laws of the State of
California shall be sold, served,
delivered, given, or allowed to consume
Liquor on the Licensed Premises.
8. There shall be no discrimination in
the operations under the License by
reason of race, age, disability, national
origin, religion, or gender.
E. License Not a Property Right.
Notwithstanding any other provision of
this Liquor Ordinance, a License is a
mere permit for a fixed duration of time.
A License shall not be deemed a
property right or vested right of any
kind, nor shall the granting of a License
give rise to a presumption of legal
entitlement to the granting of such
License for a subsequent time period.
F. Assignment or Transfer. No License
issued under this Liquor Ordinance
shall be assigned or transferred.
X. Manufacture and Distribution
The Tribal Council has the authority
to adopt rules and regulations to
authorize the manufacture and
distribution of Liquor within the
Reservation. Until such time as the
Tribal Council adopts such rules and
regulations, the manufacture and
distribution of Liquor for Sale is strictly
prohibited.
XI. Prohibitions and Violations
A. Sales or Possession With Intent to
Sell Without a License. Any person who
shall Sell or offer for Sale, distribute,
manufacture, or transport in any
manner, any Liquor in violation of this
Liquor Ordinance, or who shall operate
a business for the Sale of Liquor or shall
have Liquor in his/her possession with
intent to Sell or distribute without a
License, shall be guilty of a violation of
this Liquor Ordinance.
B. Purchases From Other Than
Licensed Facilities. Any person within
the boundaries of the Reservation who
buys Liquor from any person other than
at a properly Licensed Premises shall be
guilty of a violation of this Liquor
Ordinance.
C. Sales to Persons Under the
Influence of Liquor. Any person who
Sells Liquor to a person clearly under
the influence of Liquor shall be guilty of
a violation of this Liquor Ordinance.
D. Consuming Liquor in a Mode of
Public or Private Transportation. Any
person engaged wholly, or in part, in the
business of carrying passengers for hire
(including every agent, servant or
employee) or such person who shall
knowingly allow any person to drink
Liquor in any mode of public or private
transportation shall be guilty of a
violation of this Liquor Ordinance. Any
person who shall drink any Liquor in
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any mode of public or private
transportation shall be guilty of a
violation of this Liquor Ordinance.
E. Consumption or Possession of
Liquor by Persons Under the Legal Age.
1. No person under the Legal Age
shall purchase, possess or consume any
Liquor within the Reservation. Any
person violating this Subsection shall be
guilty of a separate violation of this
Liquor Ordinance for each and every
drink so consumed.
2. Any person who shall Sell or
provide Liquor to any person under the
Legal Age shall be guilty of a violation
of this Liquor Ordinance for each Sale
or drink provided.
3. No person shall permit any other
person under the Legal Age to consume
Liquor on his/her premises or any
premises under his/her control.
F. Transfer of Identification to Minor.
Any person who provides, in any
manner, a 21 years of age identification
card (ID card) to a minor for the purpose
of permitting such minor to obtain
Liquor shall be guilty of an offense;
provided, that corroborative testimony
of a witness other than the minor shall
be a requirement of finding a violation
of this Liquor Ordinance.
G. Use of False or Altered
Identification. Any person who attempts
to purchase Liquor through the use of
false or altered ID card, which falsely
purports to show the individual to be of
Legal Age shall be guilty of violating
this Liquor Ordinance.
lotter on DSKBCFDHB2PROD with NOTICES
XII. Enforcement and Penalties
A. Enforcement. In enforcing this
Liquor Ordinance, the Tribal Council,
acting on behalf of the Tribe, may take
the following actions:
1. Publish and enforce such rules and
regulations as deemed necessary by the
Tribal Council to govern the
distribution, manufacture, Sale,
consumption and possession of Liquor
within the Tribe’s jurisdiction,
including establishing and imposing
civil penalties.
2. Revoke any License approved by
the Tribal Council under this Liquor
Ordinance, following a determination
by the Tribal Council that the holder of
said License has violated any provision
of this Liquor Ordinance or that the
License is no longer in the best interest
of the Tribe. The Retailer or Existing
Retailer shall be provided notice and an
opportunity to be heard in any such
revocation action.
3. Bring suit in the Tribal Court, or
any other court of competent
jurisdiction, to enforce this Liquor
Ordinance.
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17:53 Jan 03, 2020
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4. Hold such hearings as the Tribal
Council deems necessary to administer
and enforce this Liquor Ordinance.
5. Delegate to the Tribal Court such
authority as may be necessary to enforce
the civil penalties arising under this
Liquor Ordinance. Except as may
otherwise be provided by applicable
Federal and state law, the Tribal Court
shall have exclusive jurisdiction to
enforce this Liquor Ordinance.
6. Take all such actions within the
Tribal Council’s authority under the
laws and Constitution of the Tribe in the
enforcement of this Liquor Ordinance.
B. Judicial Enforcement. The Tribal
Court is hereby vested with exclusive
jurisdiction to hear and determine all
violations arising under this Liquor
Ordinance, including the determination
of any violation by any person of the
provisions of this Liquor Ordinance and
the imposition of any penalties arising
from said violations.
C. Liquor Ordinance Violations.
Unless otherwise provided for in a
regulation adopted by the Tribal
Council, any person guilty of a violation
of this Liquor Ordinance shall be liable
to pay the Tribe a penalty not to exceed
$500 per violation as civil damages to
defray the Tribe’s cost of enforcement of
this Liquor Ordinance. In addition to
any penalties so imposed, the Tribal
Council may, after a duly noticed
hearing, suspend, cancel or revoke any
License issued hereunder. The Tribal
Council shall provide at least ten (10)
days’ notice of the hearing to the
Retailer or Existing Retailer. The
decision of the Tribal Council shall be
final.
D. Declaratory and Injunctive Relief.
In addition to all other remedies,
whether in law or in equity, available to
the Tribal Court under the Constitution
and laws of the Tribe in the enforcement
of this Liquor Ordinance, the Tribal
Court may employ such declaratory
and/or injunctive relief as may be
necessary to determine the rights and
liabilities arising under this Liquor
Ordinance and to otherwise provide for
enforcement of this Liquor Ordinance to
the fullest extent possible under the
Tribe’s laws.
E. Possession of Liquor Contrary to
This Liquor Ordinance. Possession of
Liquor contrary to the terms of this
Liquor Ordinance is considered to be
contraband. Any Tribal agent,
employee, or officer who is authorized
by the Tribal Council to enforce this
Section shall have the authority to, and
shall seize, all contraband.
F. Disposition of Seized Contraband.
Any contraband seized by an Officer
shall be preserved in accordance with
applicable law. Upon being found in
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Fmt 4703
Sfmt 4703
violation of this Liquor Ordinance by
the Tribal Council, the party shall forfeit
all right, title and interest in the items
seized which shall become the property
of the Tribe.
XIII. Taxation
A. Imposition of Tribal Liquor Tax.
The Tribal Council, in its sole
discretion, may impose a tax upon the
privilege of Selling Alcohol within the
Reservation pursuant to a duly adopted
resolution (‘‘Tribal Liquor Tax’’). The
tax rate imposed under this Liquor
Ordinance shall be established by the
Tribal Council and shall be no less than
two percent (2%) and not exceed ten
percent (10%) of the purchase price of
the Liquor. Such Tribal Liquor Tax shall
be applied in addition to any other taxes
imposed by the Tribe.
B. Taxes Due, Reporting and Audit
Deadline. Payment of any Tribal Liquor
Tax shall be due within thirty (30) days
of the end of the calendar quarter for
which taxes are due, or such other date
set by the Tribal Council. Along with
the payment of the taxes imposed
herein, the Tribal Council may request
an accounting of all income from the
Sale or distribution of Liquor, as well as
for the taxes collected. At its discretion,
The Tribal Council may review or audit
the books and records of any Existing
Retailer or Retailer relating to the Sale
of Liquor within the Reservation. Said
review or audit may be done annually
by the Tribe through its agents or
employees whenever, in the opinion of
the Tribal Council, such a review or
audit is necessary to verify the accuracy
of reports.
XIV. Profits
A. Disposition of Proceeds. The gross
proceeds collected by the Tribal Council
from all licensing fees and from the
taxation of the Sales of Liquor within
the Reservation shall be distributed as
follows:
1. For the payment of all necessary
personnel, administrative costs, and
legal fees for the operation and its
activities pursuant to this Liquor
Ordinance.
2. The remainder shall be turned over
to the account of the Tribe designated
by the Tribal Council.
XV. Severability and Miscellaneous
A. Severability. If any provision or
application of this Liquor Ordinance is
determined by review to be invalid,
such adjudication shall not be held to
render ineffectual the remaining
portions of this title or to render such
provisions inapplicable to other persons
or circumstances.
E:\FR\FM\06JAN1.SGM
06JAN1
Federal Register / Vol. 85, No. 3 / Monday, January 6, 2020 / Notices
B. Prior Enactments. This Liquor
Ordinance repeals and supersedes all
previous liquor ordinances enacted by
the Tribe.
C. Conformance with California Laws.
All acts and transactions under this
Liquor Ordinance shall be in conformity
with the laws of the State of California.
D. Effective Date. This Liquor
Ordinance shall be effective on such
date as the Secretary of the Interior
certifies this Liquor Ordinance and
publishes the same in the Federal
Register (the ‘‘Effective Date’’).
E. Adoption and Amendment. This
Liquor Ordinance shall be adopted and
may be amended by a majority vote of
the Tribal Council at a duly called
meeting of the Tribal Council and
subsequent review by the appropriate
official of the Department of the Interior
and publication in the Federal Register.
F. Sovereign Immunity. Nothing
contained in this Liquor Ordinance
shall be construed as a waiver of the
sovereign immunity of the Tribe, nor
does this Liquor Ordinance in any way
limit, alter, restrict, or waive the Tribe’s
sovereign immunity from unconsented
suit or action. Nothing in this Liquor
Ordinance shall be construed to confer
jurisdiction on a court or judicial body
to hear disputes or causes of action
arising from this Liquor Ordinance or its
subject matter. The sovereign immunity
of the Tribe is in no manner waived by
this Liquor Ordinance or by any action
of any Tribal employee or official acting
pursuant to the Liquor Ordinance.
[FR Doc. 2019–28443 Filed 1–3–20; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO300000.L13200000; OMB Control
Number 1004–0073]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Coal Management;
Control Number 1004–0073
AGENCY:
Bureau of Land Management,
Interior.
ACTION: Notice of Information
Collection; request for comment.
In accordance with the
Paperwork Reduction Act of 1995, the
Bureau of Land Management (BLM) is
proposing to renew an information
collection.
lotter on DSKBCFDHB2PROD with NOTICES
SUMMARY:
Interested persons are invited to
submit comments on or before February
5, 2020.
DATES:
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17:53 Jan 03, 2020
Jkt 250001
Send written comments on
this information collection request (ICR)
to the Office of Management and
Budget’s Desk Officer for the
Department of the Interior by email at
OIRA_Submission@omb.eop.gov; or via
facsimile to (202) 395–5806. Please
provide a copy of your comments to the
BLM at U.S. Department of the Interior,
Bureau of Land Management, 1849 C
Street NW, Room 2134LM, Washington,
DC 20240, Attention: Chandra Little; or
by email to cclittle@blm.gov. Please
reference OMB Control Number 1004–
0073 in the subject line of your
comments.
FOR FURTHER INFORMATION CONTACT: To
request additional information about
this ICR, contact Jason Powell by email
at jlpowell@blm.gov, or by telephone at
202–912–7502. You may also view the
ICR at https://www.reginfo.gov/public/
do/PRAMain.
SUPPLEMENTARY INFORMATION: In
accordance with the Paperwork
Reduction Act of 1995, we provide the
general public and other Federal
agencies with an opportunity to
comment on new, proposed, revised,
and continuing collections of
information. This helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. It also helps the
public understand our information
collection requirements and provide the
requested data in the desired format.
A Federal Register notice with a 60day public comment period soliciting
comments on this collection of
information was published on July 12,
2019 (84 FR 33283). No comments were
received.
We are again soliciting comments on
the proposed ICR that is described
below. We are especially interested in
public comment addressing the
following issues: (1) Is the collection
necessary to the proper functions of the
BLM; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the BLM enhance the
quality, utility, and clarity of the
information to be collected; and (5) how
might the BLM minimize the burden of
this collection on the respondents,
including through the use of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. Before including your
address, phone number, email address,
or other personal identifying
information in your comment, you
should be aware that your entire
comment—including your personal
identifying information—may be made
ADDRESSES:
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
529
publicly available at any time. While
you can ask us in your comment to
withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Abstract: This collection enables the
BLM to learn the extent and qualities of
Federal coal resources; evaluate the
environmental impacts of coal leasing
and development; determine the
qualifications of prospective lessees to
acquire and hold Federal coal leases;
and ensure lessee compliance with
applicable statutes, regulations, and
lease terms and conditions.
Title of Collection: Coal Management.
OMB Control Number: 1004–0073.
Form Numbers: 3440–1, Application
and License to Mine Coal (Free Use);
and 3400–12, Coal Lease.
Type of Review: Extension of a
currently approved collection.
Respondents/Affected Public:
Applicants for, and holders of, coal
exploration licenses; applicants/bidders
for, and holders of, coal leases;
applicants for, and holders of, licenses
to mine coal; and surface owners and
State and tribal governments whose
lands overlie coal deposits.
Total Estimated Number of Annual
Respondents: 1,017.
Total Estimated Number of Annual
Responses: 1,017.
Estimated Completion Time per
Response: Varies from 1 to 800 hours.
Total Estimated Number of Annual
Burden Hours: 19,897.
Respondent’s Obligation: Required to
obtain and retain benefit.
Frequency of Collection: On occasion.
Total Estimated Annual Nonhour
Burden Cost: $943,153.
An agency may not conduct or
sponsor and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The authority for this
action is the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).
Chandra Little,
Bureau of Land Management, Regulatory
Analyst.
[FR Doc. 2019–28485 Filed 1–3–20; 8:45 am]
BILLING CODE 4310–84–P
DEPARTMENT OF JUSTICE
Notice of Extension of Public
Comment Period for Proposed
Consent Decree Under the
Comprehensive Environmental
Response, Compensation, and Liability
Act
On December 11, 2019, the
Department of Justice filed a complaint
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 85, Number 3 (Monday, January 6, 2020)]
[Notices]
[Pages 524-529]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-28443]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[120 A2100DD/AAKC001030/A0A501010.999900]
Tule River Indian Tribe of the Tule River Reservation; Amended
and Restated Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Tule River Indian Tribe of the Tule
River Reservation's Amended and Restated Liquor Ordinance. The Liquor
Ordinance regulates and controls the consumption, possession,
manufacture, distribution, and sale of liquor within the Reservation.
DATES: This ordinance shall take effect on February 5, 2020.
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
[[Page 525]]
Register notice of adopted liquor control ordinances for the purpose of
regulating liquor transactions in Indian country. On April 29, 2019,
the Tule River Indian Tribe of the Tule River Reservation duly adopted
the Amended and Restated Liquor Ordinance. This Federal Register Notice
comprehensively amends and supersedes the existing Tule River Indian
Reservation Ordinance Legalizing the Introduction, Sale, or Possession
of Intoxicants, which was published in the Federal Register on December
30, 1970 (35 FR 19798), and repeals all previous ordinances regulating
liquor within the Reservation, including the ordinance published in the
Federal Register on April 9, 1954 (19 FR 2065).
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 Tule River Indian Tribe of the Tule River
Reservation duly adopted these amendments to the Tribe's Liquor
Ordinance on April 29, 2019.
Dated: December 17, 2019.
Tara Sweeney,
Assistant Secretary--Indian Affairs.
The Tule River Indian Tribe of the Tule River Reservation's Amended
and Restated Liquor Ordinance shall read as follows:
Ordinance No. 2019--
Amended and Restated Liquor Ordinance
Table of Contents
I. Title
II. Authority
III. Scope
IV. Purpose
V. Findings
VI. Definitions
VII. Powers of Enforcement
VIII. Sales of Liquor
IX. Licensing
X. Manufacture and Distribution
XI. Prohibitions and Violations
XII. Enforcement and Penalties
XIII. Taxation
XIV. Profits
XV. Severability and Miscellaneous
I. Title
This ordinance shall be known as the Amended and Restated Liquor
Ordinance. The short title shall be ``Liquor Ordinance''.
II. Authority
This Liquor 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 VI,
Section 1(a) of the Constitution of the Tule River Indian Tribe (the
``Tribe''), in conformity with the laws of the State of California.
III. Scope
A. This Liquor Ordinance shall apply to the full extent of the
jurisdiction of the Tribe.
B. Compliance with this Liquor Ordinance is hereby made a condition
of the use of any land or premises within the Reservation.
C. Any person who resides, conducts business, engages in a business
transaction, receives benefits from the Tribe, acts under Tribal
authority, or enters the Reservation shall be deemed to have consented
to the following:
1. To be bound by the terms of this Liquor Ordinance;
2. To the exclusive jurisdiction of the Tribal Court and Tribal
Court of Appeals for legal action arising under this Liquor Ordinance;
and
3. To service of summons and process, and search and seizure, in
conjunction with legal actions arising pursuant to this Liquor
Ordinance.
D. No portion of this Liquor Ordinance shall be construed as
contrary to Federal law or applicable California laws.
IV. Purpose
The purpose of this Liquor Ordinance is to regulate and control the
consumption, possession, manufacture, distribution and sale of liquor
within the Reservation (as defined herein), and to permit the sale of
liquor by Tribal Retailers, Existing Retailers and Retailers (each as
defined herein) to promote the economic development of the Tribe. The
enactment of this Liquor Ordinance will increase the ability of the
Tribal government to control liquor sales and consumption within the
Reservation and will provide an important source of revenue for the
continued operation and strengthening of the Tribal government and the
delivery of Tribal government services.
This Liquor Ordinance amends and restates the previous ordinance
regulating liquor within the Reservation adopted November 7, 1970 and
published in the Federal Register on December 30, 1970 at 35 FR 19798,
and repeals all previous ordinances regulating liquor within the
Reservation, including the ordinance published in the Federal Register
on April 9, 1954 at 19 FR 2065.
V. Findings
The Tribal Council finds as follows:
A. The consumption, possession, manufacture, distribution and sale
of liquor in Indian Country are matters of particular concern to the
Tribe and the United States. Consistent with the laws of the United
States, the control of liquor within the Reservation remains subject to
the legislative enactments of the Tribe in the exercise of its
governmental powers over the Reservation.
B. Federal law permits the sale of liquor within the Reservation;
provided the sale and possession of liquor is consistent with the laws
of the State of California and pursuant to an Ordinance duly adopted by
the Tribe (18 U.S.C. 1161).
C. The Tribal Council, as the governing body of the Tribe under
Article III, Section 1 of the Constitution of the Tribe, desires to
adopt this Liquor Ordinance to authorize and regulate the consumption,
possession, manufacture, distribution and sale of liquor within the
Reservation, as provided herein.
VI. Definitions
As used in this Liquor Ordinance, the following words shall have
the following meanings unless the context clearly requires otherwise.
A. ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, or spirits of wine which is commonly produced
by the fermentation or distillation of grain, starch, molasses, or
sugar, or other substances including all dilutions of this substance.
B. ``Beer'' means any alcoholic beverage obtained 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 beer, small beer, and strong
beer.
C. ``Existing Retailer'' means a person who, prior to the effective
date of this Liquor Ordinance: (i) Is operating and continues to
operate a retail business located within the Reservation; and (ii) has
a license or permit (as applicable) issued by the California Department
of Alcoholic Beverage Control for such Liquor sales.
D. ``Legal Age'' means the age set by the State of California at
which it is legal to purchase, consume, or possess Liquor. At the time
of the enactment of this Liquor Ordinance, the State of California sets
the Legal Age at twenty-one (21). At such time, if any, the State of
California sets the Legal Age below age twenty-one (21), the Tribal
Council, in its sole discretion shall promulgate regulations to set the
Legal Age within the Reservation; provided such Legal Age is at or
above the age set by the State of California.
E. ``License'' means a license issued pursuant to this Liquor
Ordinance for the Sale of Liquor.
[[Page 526]]
F. ``Licensed Premises'' means the establishment in which Liquor is
permitted to be retailed and consumed.
G. ``Liquor'' means the four varieties of liquor herein defined
(Alcohol, Spirits, Wine and Beer), and all fermented spirituous,
vinous, or malt liquor or combination thereof, and mixed liquor, or
otherwise intoxicating; and every liquid or solid or semisolid or other
substance, patented or not, containing Alcohol, Spirits, Wine or Beer.
All drinks or drinkable liquids and all preparations or mixtures
capable of human consumption and any liquid, semisolid, solid, or other
substances, which contain more than one percent (1%) of Alcohol by
weight shall be conclusively deemed to be intoxicating.
H. ``Person'' means any natural person or entity, including but not
limited to corporations, partnerships and trusts.
I. ``Reservation'' means all lands under the jurisdiction and
control of the Tule River Indian Tribe and its Tribal Council.
J. ``Retailer'' means a person who is authorized by the Tribe to
sell Liquor at retail from a business located within the Reservation
after the Effective Date of this Liquor Ordinance.
K. ``Sale'' and ``Sell'' means any exchange or barter; and also
includes the selling, supplying or distributing by any means
whatsoever, by any person to any person.
L. ``Spirits'' means any beverage which contains Alcohol obtained
by distillation, including Wines exceeding seventeen percent (17%) of
Alcohol by weight.
M. ``Tribal Court of Appeals'' means the Tribal Court of Appeals or
any other entity explicitly designated by the Tribe to serve in that
capacity for purposes of this Liquor Ordinance and as permitted under
the Compact.
N. ``Tribal Court'' means the judicial branch of the Tribe and such
other divisions as the Tribal Council may establish by provision.
O. ``Tribal Liquor Tax'' means the tax imposed as defined in
Section XIII.A.
P. ``Tribal Retailer'' means a retailer wholly-owned by the Tribe
and located within the Reservation who maintains a license or permit
(as applicable) issued by the California Department of Alcoholic
Beverage Control.
Q. ``Tribal'' and ``Tribe'' means the Tule River Indian Tribe of
California, a federally recognized sovereign nation, including all
incorporated and/or unincorporated Tribal governmental entities
(including, without limitation, the Tribal Council, Gaming Commission,
any economic development entities) and their officials, officers,
managers, agents and employees.
R. ``Tule River Tribal Council'' or ``Tribal Council'' means the
governing body of the Tribe.
S. ``Wine'' means any alcoholic beverage obtained by fermentation
of fruits (grapes, berries, apples, etc.) or other agricultural product
containing sugar to which any saccharine substances may have been added
before, during or after fermentation, and containing not more than
seventeen percent (17%) of Alcohol by weight, including sweet Wines
fortified with wine spirits such as port, sherry, muscatel, and
angelica, not exceeding seventeen percent (17%) of Alcohol by weight
and sake (known as Japanese rice wine).
VII. Powers of Enforcement
A. Powers. The Tribal Council, in furtherance of this Liquor
Ordinance, shall have the following powers and duties:
1. To publish and enforce the rules and regulations governing the
consumption, possession, manufacture, distribution and Sale of Liquor
within the Reservation;
2. 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;
3. To authorize a representative to enforce this Liquor Ordinance;
4. To issue Licenses permitting the consumption, possession,
manufacture, distribution and Sale of Liquor within the Reservation;
5. To revoke such Licenses as provided herein;
6. To issue Licenses permitting the Sale of Liquor within the
Reservation;
7. To hold hearings on violations of this Liquor Ordinance
(including the issuance or revocation of Licenses hereunder);
8. To bring suit in the appropriate court to enforce this Liquor
Ordinance as necessary;
9. To determine and seek damages for violation of this Liquor
Ordinance; and
10. To collect taxes and fees levied or set by the Tribal Council,
and to keep accurate records, books and accounts.
B. Limitation on Powers. In the exercise of its powers and duties
under this Liquor Ordinance, the Tribal Council and its individual
members shall not accept any gratuity, compensation or any item of
value from any Liquor wholesaler, retailer, or distributor or from any
licensee.
C. Inspection Rights. The Tribal Council, acting through its
officials, agents, employees or other designated representatives may,
at all reasonable times, for the purposes of determining compliance
with this Liquor Ordinance inspect the Licensed Premises.
VIII. Sales of Liquor
A. Licenses Required. Only Tribal Retailers, Existing Retailers,
and Retailers licensed by the Tribe, may Sell Liquor within the
Reservation. For purposes of clarity, a Tribal Retailer and Existing
Retailer only require the applicable license or permit issued by the
California Department of Alcoholic Beverage Control to Sell Liquor
within the Reservation.
B. Compliance with California Law. All Sales of Liquor within the
Reservation must comply with California law applicable to Sales of
Liquor within the Reservation and must be in compliance with the
conditions of the license or permit (as applicable) issued by the
California Department of Alcoholic Beverage Control for such Sales of
Liquor.
C. No Extensions of Credit. No credit shall be extended to any
person, organization, or entity, for the Sale of Liquor. This provision
does not prevent the use of major credit cards in the Sale of Liquor.
D. Sale for Personal Consumption. All Sales shall be for the
personal use and consumption of the purchaser. Resale of Liquor
purchased within the Reservation is prohibited. Any person who is not
licensed pursuant to this Liquor Ordinance and purchases Liquor within
the Reservation and Sells it, whether in the original container or not,
shall be guilty of a violation of this Liquor Ordinance and shall be
subjected to paying damages to the Tribe as set forth herein.
E. Acceptable Identification. Where there may be a question of a
person's right to purchase Liquor by reason of his/her age, such person
shall be required to present any one of the following issued cards of
identification which shows his/her correct age and bears his/her
signature and photograph:
1. Tribal identification card;
2. Driver's license of any state or identification card issued by
any State Department of Motor Vehicles;
3. United States active duty military or veteran identification
cards; or
4. Passport.
IX. Licensing
A. Applicable License Requirements
1. Tribal Retailers. Tribal Retailers must obtain a license or
permit (as applicable) from the California Department of Alcoholic
Beverage Control in order to Sell Liquor within
[[Page 527]]
the Reservation, but shall not be required to obtain a License.
2. Existing Retailers. Existing Retailers must obtain a license or
permit (as applicable) from the California Department of Alcoholic
Beverage Control and an additional License from the Tribe in order to
Sell Liquor within the Reservation. In order to obtain a License from
the Tribe, the Existing Retailer must present their license or permit
(as applicable) from the California Department of Alcoholic Beverage
Control to the Tribal Council, certify that he/she is continually
operating such business in compliance with the conditions of such
license or permit, and agree to comply with the requirements of this
Liquor Ordinance and the conditions, if any, imposed on their License
by the Tribal Council.
3. Retailers. In addition to a license or permit (as applicable)
issued by the California Department of Alcoholic Beverage Control,
Retailers must obtain a License from the Tribe which shall be issued
upon submittal of a sworn application filed with the Tribal Council
containing a full and complete showing of the following:
a. Satisfactory proof that the applicant is or will be duly
licensed by the State of California.
b. Satisfactory proof that the applicant is of good character and
reputation among the people of the Reservation and that the applicant
is financially responsible.
c. A description of the premises in which the Liquor is to be sold
and proof that the applicant is the owner of such premises, or lessee
of such premises, for the term of the License.
d. Agreement by the applicant to accept and abide by all conditions
of the License.
e. Payment of a fee as prescribed by the Tribal Council.
f. Satisfactory proof that neither the applicant nor the
applicant's spouse has ever been convicted of a felony.
g. Satisfactory proof that notice of the application has been
posted in a prominent, noticeable place on the premises where Liquor is
to be sold for at least thirty (30) days prior to consideration by the
Tribal Council and has been published in the Tribal newsletter, email,
or other print or online media directed to the Tribal community that
may be affected by the License. The notice shall state the date, time,
and place when the application shall be considered by the Tribal
Council pursuant to Section B of this Article.
B. Hearing on Application for Tribal Liquor License. All
applications for a License shall be considered by the Tribal Council in
an open session at which the applicant, his/her attorney, and any
person protesting the application shall have the right to be present,
and to offer sworn oral or documentary evidence relevant to the
application. After the hearing, the Tribal Council, by secret ballot,
shall determine whether to grant or deny the application based on:
1. Whether the requirements of Section A of this Article have been
met; and
2. Whether the Tribal Council, in its discretion, determines that
granting the License is in the best interest of the Tribe.
In the event that the applicant is the immediate family of a Tribal
Council member, such member shall not vote on the application or
participate in the hearings as a Tribal Council member.
C. Special Events. Sales of Liquor at special events do not require
a License, provided such Sales are conducted consistent with applicable
California law (including obtaining a permit or authorization for such
special event to the extent required) and do not exceed one (1) day.
D. Conditions of the Tribal License. Any License issued under this
Liquor Ordinance shall be subject to such reasonable conditions as the
Tribal Council shall impose, including, but not limited to the
following:
1. The License shall be for a term not to exceed two (2) years and
shall automatically renew upon the payment of annual fees, if any,
established by the Tribal Council.
2. The Licensed Premises shall at all times be maintained in an
orderly, clean, and neat manner.
3. The Licensed Premises shall be subject to patrol by the Tule
River Department of Public Safety, and such other law enforcement
officials as may be authorized under Federal, California, or Tribal
law.
4. The Licensed Premises shall be open to inspection by duly
authorized Tribal officials at all times during the regular business
hours.
5. Subject to the provisions of Subsection D.6. of this Article, no
Liquor shall be sold, served, disposed of, delivered, or given to any
person, or consumed on the Licensed Premises except in conformity with
the hours and days prescribed by the laws of the State of California,
and in accordance with the hours fixed by the Tribal Council.
6. All acts and transactions under authority of a License shall be
in conformity with the laws of the State of California, and shall be in
accordance with this Liquor Ordinance and any conditions imposed on
such License.
7. No person under the Legal Age permitted under the laws of the
State of California shall be sold, served, delivered, given, or allowed
to consume Liquor on the Licensed Premises.
8. There shall be no discrimination in the operations under the
License by reason of race, age, disability, national origin, religion,
or gender.
E. License Not a Property Right. Notwithstanding any other
provision of this Liquor Ordinance, a License is a mere permit for a
fixed duration of time. A License shall not be deemed a property right
or vested right of any kind, nor shall the granting of a License give
rise to a presumption of legal entitlement to the granting of such
License for a subsequent time period.
F. Assignment or Transfer. No License issued under this Liquor
Ordinance shall be assigned or transferred.
X. Manufacture and Distribution
The Tribal Council has the authority to adopt rules and regulations
to authorize the manufacture and distribution of Liquor within the
Reservation. Until such time as the Tribal Council adopts such rules
and regulations, the manufacture and distribution of Liquor for Sale is
strictly prohibited.
XI. Prohibitions and Violations
A. Sales or Possession With Intent to Sell Without a License. Any
person who shall Sell or offer for Sale, distribute, manufacture, or
transport in any manner, any Liquor in violation of this Liquor
Ordinance, or who shall operate a business for the Sale of Liquor or
shall have Liquor in his/her possession with intent to Sell or
distribute without a License, shall be guilty of a violation of this
Liquor Ordinance.
B. Purchases From Other Than Licensed Facilities. Any person within
the boundaries of the Reservation who buys Liquor from any person other
than at a properly Licensed Premises shall be guilty of a violation of
this Liquor Ordinance.
C. Sales to Persons Under the Influence of Liquor. Any person who
Sells Liquor to a person clearly under the influence of Liquor shall be
guilty of a violation of this Liquor Ordinance.
D. Consuming Liquor in a Mode of Public or Private Transportation.
Any person engaged wholly, or in part, in the business of carrying
passengers for hire (including every agent, servant or employee) or
such person who shall knowingly allow any person to drink Liquor in any
mode of public or private transportation shall be guilty of a violation
of this Liquor Ordinance. Any person who shall drink any Liquor in
[[Page 528]]
any mode of public or private transportation shall be guilty of a
violation of this Liquor Ordinance.
E. Consumption or Possession of Liquor by Persons Under the Legal
Age.
1. No person under the Legal Age shall purchase, possess or consume
any Liquor within the Reservation. Any person violating this Subsection
shall be guilty of a separate violation of this Liquor Ordinance for
each and every drink so consumed.
2. Any person who shall Sell or provide Liquor to any person under
the Legal Age shall be guilty of a violation of this Liquor Ordinance
for each Sale or drink provided.
3. No person shall permit any other person under the Legal Age to
consume Liquor on his/her premises or any premises under his/her
control.
F. Transfer of Identification to Minor. Any person who provides, in
any manner, a 21 years of age identification card (ID card) to a minor
for the purpose of permitting such minor to obtain Liquor shall be
guilty of an offense; provided, that corroborative testimony of a
witness other than the minor shall be a requirement of finding a
violation of this Liquor Ordinance.
G. Use of False or Altered Identification. Any person who attempts
to purchase Liquor through the use of false or altered ID card, which
falsely purports to show the individual to be of Legal Age shall be
guilty of violating this Liquor Ordinance.
XII. Enforcement and Penalties
A. Enforcement. In enforcing this Liquor Ordinance, the Tribal
Council, acting on behalf of the Tribe, may take the following actions:
1. Publish and enforce such rules and regulations as deemed
necessary by the Tribal Council to govern the distribution,
manufacture, Sale, consumption and possession of Liquor within the
Tribe's jurisdiction, including establishing and imposing civil
penalties.
2. Revoke any License approved by the Tribal Council under this
Liquor Ordinance, following a determination by the Tribal Council that
the holder of said License has violated any provision of this Liquor
Ordinance or that the License is no longer in the best interest of the
Tribe. The Retailer or Existing Retailer shall be provided notice and
an opportunity to be heard in any such revocation action.
3. Bring suit in the Tribal Court, or any other court of competent
jurisdiction, to enforce this Liquor Ordinance.
4. Hold such hearings as the Tribal Council deems necessary to
administer and enforce this Liquor Ordinance.
5. Delegate to the Tribal Court such authority as may be necessary
to enforce the civil penalties arising under this Liquor Ordinance.
Except as may otherwise be provided by applicable Federal and state
law, the Tribal Court shall have exclusive jurisdiction to enforce this
Liquor Ordinance.
6. Take all such actions within the Tribal Council's authority
under the laws and Constitution of the Tribe in the enforcement of this
Liquor Ordinance.
B. Judicial Enforcement. The Tribal Court is hereby vested with
exclusive jurisdiction to hear and determine all violations arising
under this Liquor Ordinance, including the determination of any
violation by any person of the provisions of this Liquor Ordinance and
the imposition of any penalties arising from said violations.
C. Liquor Ordinance Violations. Unless otherwise provided for in a
regulation adopted by the Tribal Council, any person guilty of a
violation of this Liquor Ordinance shall be liable to pay the Tribe a
penalty not to exceed $500 per violation as civil damages to defray the
Tribe's cost of enforcement of this Liquor Ordinance. In addition to
any penalties so imposed, the Tribal Council may, after a duly noticed
hearing, suspend, cancel or revoke any License issued hereunder. The
Tribal Council shall provide at least ten (10) days' notice of the
hearing to the Retailer or Existing Retailer. The decision of the
Tribal Council shall be final.
D. Declaratory and Injunctive Relief. In addition to all other
remedies, whether in law or in equity, available to the Tribal Court
under the Constitution and laws of the Tribe in the enforcement of this
Liquor Ordinance, the Tribal Court may employ such declaratory and/or
injunctive relief as may be necessary to determine the rights and
liabilities arising under this Liquor Ordinance and to otherwise
provide for enforcement of this Liquor Ordinance to the fullest extent
possible under the Tribe's laws.
E. Possession of Liquor Contrary to This Liquor Ordinance.
Possession of Liquor contrary to the terms of this Liquor Ordinance is
considered to be contraband. Any Tribal agent, employee, or officer who
is authorized by the Tribal Council to enforce this Section shall have
the authority to, and shall seize, all contraband.
F. Disposition of Seized Contraband. Any contraband seized by an
Officer shall be preserved in accordance with applicable law. Upon
being found in violation of this Liquor Ordinance by the Tribal
Council, the party shall forfeit all right, title and interest in the
items seized which shall become the property of the Tribe.
XIII. Taxation
A. Imposition of Tribal Liquor Tax. The Tribal Council, in its sole
discretion, may impose a tax upon the privilege of Selling Alcohol
within the Reservation pursuant to a duly adopted resolution (``Tribal
Liquor Tax''). The tax rate imposed under this Liquor Ordinance shall
be established by the Tribal Council and shall be no less than two
percent (2%) and not exceed ten percent (10%) of the purchase price of
the Liquor. Such Tribal Liquor Tax shall be applied in addition to any
other taxes imposed by the Tribe.
B. Taxes Due, Reporting and Audit Deadline. Payment of any Tribal
Liquor Tax shall be due within thirty (30) days of the end of the
calendar quarter for which taxes are due, or such other date set by the
Tribal Council. Along with the payment of the taxes imposed herein, the
Tribal Council may request an accounting of all income from the Sale or
distribution of Liquor, as well as for the taxes collected. At its
discretion, The Tribal Council may review or audit the books and
records of any Existing Retailer or Retailer relating to the Sale of
Liquor within the Reservation. Said review or audit may be done
annually by the Tribe through its agents or employees whenever, in the
opinion of the Tribal Council, such a review or audit is necessary to
verify the accuracy of reports.
XIV. Profits
A. Disposition of Proceeds. The gross proceeds collected by the
Tribal Council from all licensing fees and from the taxation of the
Sales of Liquor within the Reservation shall be distributed as follows:
1. For the payment of all necessary personnel, administrative
costs, and legal fees for the operation and its activities pursuant to
this Liquor Ordinance.
2. The remainder shall be turned over to the account of the Tribe
designated by the Tribal Council.
XV. Severability and Miscellaneous
A. Severability. If any provision or application of this Liquor
Ordinance is determined by review to be invalid, such adjudication
shall not be held to render ineffectual the remaining portions of this
title or to render such provisions inapplicable to other persons or
circumstances.
[[Page 529]]
B. Prior Enactments. This Liquor Ordinance repeals and supersedes
all previous liquor ordinances enacted by the Tribe.
C. Conformance with California Laws. All acts and transactions
under this Liquor Ordinance shall be in conformity with the laws of the
State of California.
D. Effective Date. This Liquor Ordinance shall be effective on such
date as the Secretary of the Interior certifies this Liquor Ordinance
and publishes the same in the Federal Register (the ``Effective
Date'').
E. Adoption and Amendment. This Liquor Ordinance shall be adopted
and may be amended by a majority vote of the Tribal Council at a duly
called meeting of the Tribal Council and subsequent review by the
appropriate official of the Department of the Interior and publication
in the Federal Register.
F. Sovereign Immunity. Nothing contained in this Liquor Ordinance
shall be construed as a waiver of the sovereign immunity of the Tribe,
nor does this Liquor Ordinance in any way limit, alter, restrict, or
waive the Tribe's sovereign immunity from unconsented suit or action.
Nothing in this Liquor Ordinance shall be construed to confer
jurisdiction on a court or judicial body to hear disputes or causes of
action arising from this Liquor Ordinance or its subject matter. The
sovereign immunity of the Tribe is in no manner waived by this Liquor
Ordinance or by any action of any Tribal employee or official acting
pursuant to the Liquor Ordinance.
[FR Doc. 2019-28443 Filed 1-3-20; 8:45 am]
BILLING CODE 4337-15-P
