Table Mountain Rancheria; Liquor Control Ordinance, 51370-51372 [2021-19838]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51370-51372]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19838]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[212A2100DD/AAKC001030/A0A501010.999900253G]


Table Mountain Rancheria; Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of Table 
Mountain Rancheria. The Table Mountain Rancheria Liquor Control 
Ordinance regulates and controls the possession, sale, manufacture, and 
distribution of alcohol in conformity with the laws of the State of 
California.

DATES: This ordinance shall become effective October 15, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Harley Long, Tribal Government 
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 
Cottage Way, Room W-2820, Sacramento, California 95825, Telephone (916) 
978-6000, Fax: (916) 978-6099.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor control ordinances for the purpose of regulating 
liquor transactions in Indian country. The Table Mountain Rancheria 
adopted the Table Mountain Rancheria Liquor Control Ordinance on June 
7, 2021.
    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 Tribal Council of the Table Mountain 
Rancheria duly adopted the Table Mountain Rancheria Liquor Control 
Ordinance on June 7, 2021.

Bryan Newland,
Assistant Secretary, Indian Affairs.
    Table Mountain Rancheria's Liquor Control Ordinance shall read as 
follows:

Table Mountain Rancheria Liquor Control Ordinance

TABLE OF CONTENTS

ARTICLE ONE
GENERAL PROVISIONS
    1.1 Title
    1.2 Authority
    1.3 Purpose
    1.4 Jurisdiction
    1.5 Application of 18 U.S.C. 1161
    1.6 Declaration of Public Policy; Findings
ARTICLE TWO
DEFINITIONS
    2.1 Terms Defined
ARTICLE THREE
LIQUOR SALES, POSSESSION, CONSUMPTION, AND MANUFACTURE
    3.1 Possession and Consumption of Alcohol
    3.2 Retail Sales of Alcohol
    3.3 Manufacture of Alcohol
    3.4 Age Limits
ARTICLE FOUR
POWER OF THE TRIBAL COUNCIL
    4.1 Licensing
ARTICLE FIVE
POWER TO ENFORCE
    5.1 Enforcement
ARTICLE SIX
TAXES
    6.1 Taxation
ARTICLE SEVEN
MISCELLANEOUS PROVISIONS
    7.1 Sovereign Immunity Preserved
    7.2 Conformance With Applicable Laws
    7.3 Effective Date
    7.4 Repeal of Prior Acts
    7.5 Amendments
    7.6 Severability and Saving Clause

ARTICLE ONE

GENERAL PROVISIONS

Section 1.1 Title

    This Ordinance shall be known as Table Mountain Rancheria Liquor 
Control Ordinance.
    The short title of this Ordinance shall be referred to as the 
``Liquor Control Ordinance.''

Section 1.2 Authority

    This Liquor Control Ordinance is enacted pursuant to the Act of 
August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and the 
powers vested in the Tribal Council of Table Mountain Rancheria 
(``Tribal Council'') to promulgate and adopt legislation, regulations 
and ordinances under Article VII, Section 1 of the Constitution of 
Table Mountain Rancheria.

Section 1.3 Purpose

    The purpose of this Liquor Control Ordinance is to regulate and 
control the consumption, possession, sale, manufacture, and 
distribution of liquor within Lands under the Jurisdiction of Table 
Mountain Rancheria (``Tribe''), including its Reservation and/or 
Rancheria (``Reservation''), in order to permit alcohol sales by 
tribally owned and operated enterprises and private lessees, and at 
tribally approved special events. The enactment of this Liquor Control 
Ordinance will help promote a source of revenue for the continued 
operation of the tribal government, the delivery of governmental 
services, and the economic viability of tribal enterprises.

[[Page 51371]]

Section 1.4 Jurisdiction

    This Liquor Control Ordinance shall apply to all Lands now or in 
the future under governmental control or authority of the Tribe, 
including, but not limited to, the Tribe's current Reservation, as well 
as any Lands that may be taken into trusts for the Tribe in the future.

Section 1.5 Application of 18 U.S.C. Sec.  1161

    By adopting this Liquor Control Ordinance, the Tribe hereby 
regulates the sale, manufacturing, distribution, possession and 
consumption of liquor while ensuring that such activity conforms with 
all applicable laws of the State of California as required by Sec.  18 
U.S.C. 1161 and the United States.

Section 1.6 Declaration of Public Policy; Findings

    The Tribal Council enacts this Liquor Control Ordinance based upon 
the following findings:
    (a) The distribution, manufacturing, possession, consumption and 
sale of liquor on the Tribe's Reservation is a matter of special 
concern to the Tribe.
    (b) The Tribe is the beneficial owner of the Reservation, upon 
which the Tribe operates gaming and related dining, entertainment and 
lodging facilities.
    (c) The Tribe's gaming facility serves as an integral and 
indispensable part of the Tribe's economy, providing revenue to the 
Tribe's government and employment of its tribal citizens and others in 
the local community.
    (d) Federal law, as codified at Sec.  18 U.S.C. 1154 and 1161, 
currently prohibits the introduction of liquor into Indian country, 
except in accordance with state law and the duly enacted laws of the 
Tribe.
    (e) The Tribe recognizes the need for strict control and regulation 
of liquor transactions on lands under the Tribe's jurisdiction because 
of the potential problems associated with the unregulated or inadequate 
regulated sales, possession, manufacturing, distribution and 
consumption of liquor.
    (f) Regulating the possession, sale, distribution, consumption and 
manufacture of liquor within Lands under the Tribe's jurisdiction is 
also consistent with the Tribe's interests in ensuring the peace, 
safety, health, and general welfare of the Tribe and its citizens.
    (g) Tribal control and regulation of liquor on Lands under the 
Tribe's Jurisdiction is consistent with the Tribe's custom and 
tradition of controlling the possession and consumption of liquor on 
tribal lands, and at tribal events.
    (h) The purchase, distribution, manufacturing, consumption, 
possession and sale of liquor on Lands under the Tribe's Jurisdiction 
shall take place only at duly licensed (i) tribally owned enterprises, 
(ii) other enterprises operated pursuant to a lease with the Tribe, and 
(iii) tribally--sanctioned events.
    (i) The sale, consumption, possession or other commercial 
manufacture or distribution of liquor on Lands under the Tribe's 
Jurisdiction, other than sales, consumption, possession, manufacture 
and distributions made in strict compliance with this Liquor Control 
Ordinance, is detrimental to the health, safety, and general welfare of 
the citizens of the Tribe, and is prohibited.

ARTICLE TWO

DEFINITIONS

Section 2.1 Terms Defined

    As used in this Liquor Control Ordinance, the terms set forth below 
shall have the following definition:
    (a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or other 
distilled spirits, in any form, regardless of the source or the purpose 
used for its production.
    (b) Alcoholic Beverage means all alcohol, spirits, liquor, wine, 
beer and any liquid or solid containing alcohol, spirits, liquor, wine, 
or beer, and which contains one-half of 1% or more of alcohol by volume 
and that is fit for human consumption, either alone or when diluted, 
mixed, or combined with any other substance(s).
    (c) Compact means the State Compact entered between the State of 
California and the Tribe that governs the conduct of Class III gaming 
activities on the Reservation pursuant to the Indian Gaming Regulatory 
Act.
    (d) Lands means all real property currently held in trust by the 
United States for the benefit of the Tribe; as well as all real 
property that may be taken into to trust in the future for the benefit 
of the Tribe.
    (e) Lands under the Tribe's jurisdiction means and includes all 
Lands now or in the future under the governmental authority or control 
of the Tribe.
    (f) License means, unless otherwise stated, a license issued by the 
Tribe in accordance with this Liquor Control Ordinance.
    (g) Liquor means any alcoholic beverage, as defined under this 
section.
    (h) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trusts, estate, 
firm, corporation, partnership, joint venture, association, society, or 
any group of individuals acting as a unit, whether mutual, cooperative, 
fraternal, nonprofit or otherwise, and any other Indian tribe, band or 
group. The term shall also include the businesses of the Tribe.
    (i) Tribe means Table Mountain Rancheria, a federally recognized 
Indian Tribe that is listed in the Federal Register.
    (j) Sale and Sell means the transfer for consideration of any kind, 
including by exchange or barter.
    (k) State means the State of California.
    (l) Reservation means all Lands held in trust by the United States 
for the benefit of Table Mountain Rancheria.

ARTICLE THREE

LIQUOR SALES, POSSESSION, CONSUMPTION AND MANUFACTURE

Section 3.1 Possession and Consumption of Alcohol

    The introduction, consumption and possession of alcoholic beverages 
shall be lawful within Lands under the Tribe's Jurisdiction; provided 
that such introduction, consumption or possession is in conformity with 
the laws of the State and this Liquor Control Ordinance.

Section 3.2 Retail Sales of Alcohol

    The sale of alcoholic beverages shall be lawful within Lands under 
the Jurisdiction of the Tribe; provided that such sales are in 
conformity with the laws of the State and are made pursuant to a 
license issued by the Tribe.

Section 3.3 Manufacture of Alcohol

    The manufacture of beer and wine shall be lawful within Lands under 
the Jurisdiction of the Tribe, provided that such manufacture is in 
conformity with the laws of the State and pursuant to a license issued 
by the Tribe.

Section 3.4 Age Limits

    The legal age for possession or consumption of any alcoholic 
beverage within Lands under the Jurisdiction of the Tribe shall be the 
same as that of the State, which is currently 21 years. No person under 
the age of 21 years shall purchase, possess or consume any alcoholic 
beverage. If there is a conflict between state law and the terms of the 
Compact regarding the age limits for alcoholic beverage possession or 
consumption, the age limits in the Compact shall govern for purposes of 
this Liquor Control Ordinance.

[[Page 51372]]

ARTICLE FOUR

POWER OF THE TRIBAL COUNCIL

Section 4.1 Licensing

    The Tribal Council shall have the power to issue a license under 
this ordinance for the sale, manufacture, distribution or possession of 
liquor on its Lands; as well as the power to establish procedures and 
standards for tribal licensing of liquor sales, manufacture, 
distribution and possession within Lands under the Jurisdiction of the 
Tribe, including the setting of a license fee schedule, and shall have 
the power to publish and enforce such standards; provided that no 
Tribal license shall issue except upon showing of satisfactory proof 
that the applicant is duly licensed by the state. The fact that an 
applicant for a Tribal license possesses a license issued by the state 
shall not provide the applicant with an entitlement to a Tribal 
License. The Tribal Council may in its discretion set standards which 
are more, but in no case less, stringent than those of the state.

ARTICLE FIVE

POWER TO ENFORCE

Section 5.1 Enforcement

    The Tribal Council shall have the power to develop, enact, 
promulgate and enforce regulations as necessary for the enforcement of 
this Liquor Control Ordinance and to protect the public health, welfare 
and safety of the Tribe and Lands under the Jurisdiction of the Tribe, 
provided that all such regulations shall conform to, and not be in 
conflict with, any applicable tribal, federal or state law. Regulations 
enacted pursuant to this Liquor Control Ordinance may include 
provisions for the suspension or revocation of a tribal liquor license, 
reasonable search and seizure provisions, and civil and criminal 
penalties for the violation of the Liquor Control Ordinance to the full 
extent permitted by federal law and consistent with due process.
    (a) Tribal law enforcement personnel and security personnel duly 
authorized by the Tribal Council shall have the authority to enforce 
this Liquor Control Ordinance by confiscating any liquor sold, 
possessed, distributed, manufactured or introduced within the Lands 
under the Jurisdiction of the Tribe in violation of this Liquor Control 
Ordinance or of any regulations duly adopted under or pursuant to this 
Liquor Control Ordinance.
    (b) The Tribal Council shall have the exclusive jurisdiction to 
hold hearings on violations of this Liquor Control Ordinance and any 
procedures or regulations adopted under or pursuant to this Liquor 
Control Ordinance; to promulgate appropriate procedures governing such 
hearings; to determine and enforce penalties or damages for violations 
of this Liquor Control Ordinance; and delegate to subordinate hearing 
officer or panel the authority to take any or all of the foregoing 
actions on its behalf.

ARTICLE SIX

TAXES

Section 6.1 Taxation

    Nothing contained in this Liquor Control Ordinance is intended to, 
nor does in any way, limit or restrict the Tribe's ability to impose 
any tax upon the sale or consumption of liquor or any alcoholic 
beverage. The Tribe retains the right to impose such taxes by 
appropriate statute or ordinance to the full extent permitted by 
federal law.

ARTICLE SEVEN

MISCELLANEOUS PROVISIONS

Section 7.1 Sovereign Immunity Preserved

    Nothing contained in this Liquor Control Ordinance shall be deemed 
or construed as a waiver of the Tribe's sovereign immunity or is 
intended to be construed, anyway, to limit, alter, restrict, or waive 
the sovereign immunity of the Tribe or any of its officers, entities or 
agents. All inherent sovereign rights of the Tribe, its officers, 
entities and/or agents are hereby expressly reserved, including the 
Tribe's sovereign immunity from unconsented suits or actions of any 
kind.

Section 7.2 Conformance With Applicable Laws

    All acts and transactions under this Liquor Control Ordinance shall 
be in conformity with the Compact and the laws of the State to the 
extent required by Sec.  18 U.S.C. 1161, and with all federal laws 
regarding alcohol in Indian Country.

Section 7.3 Effective Date

    This Liquor Control Ordinance shall be effective as of the date on 
which the Secretary of Interior certifies this Ordinance and publishes 
the same in the Federal Register.

Section 7.4 Repeal of Prior Acts

    All prior enactments of the Tribal Council, including tribal 
resolutions, policies, regulations, statutes or ordinances pertaining 
to the subject matter set forth in this Liquor Control Ordinance are 
hereby rescinded.

Section 7.5 Amendments

    This Liquor Control Ordinance may only be amended pursuant to an 
amendment duly enacted by the Tribal Council and certified by the 
Secretary of Interior and published in the Federal Register, if 
required.

Section 7.6 Severability and Savings Clause

    If any part or provision of this Liquor Control Ordinance is held 
invalid, void or unenforceable by a court of competent jurisdiction, 
such adjudication should not be held to render such provisions 
inapplicable to the other persons or circumstances. Furthermore, the 
remainder of the ordinance shall not be affected and shall continue to 
remain in full force and effect.

[FR Doc. 2021-19838 Filed 9-14-21; 8:45 am]
BILLING CODE 4337-15-P