Coquille Indian Tribe; Amendments to Liquor Control Ordinance, 65381-65384 [2024-17673]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65381-65384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17673]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[234A2100DD/AAPP003600/A0T602020.999900]


Coquille Indian Tribe; Amendments to Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes three comprehensive amendments to the 
Coquille Indian Tribe's Chapter 200, Liquor Control Ordinance. This 
Ordinance amends and supersedes the existing Coquille Indian Tribe 
Liquor Ordinance, Ordinance CY0933 enacted by the Coquille Indian Tribe 
in 2009.

DATES: This ordinance shall become effective September 9, 2024.

FOR FURTHER INFORMATION CONTACT: Ms. Sharon Jackson, Tribal Government 
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 
Northeast 11st Avenue, Portland, Oregon, 97232, Telephone: (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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. On May 26, 2023, the Coquille 
Indian Tribe duly adopted the amendments to the Chapter 200 Liquor 
Control Ordinance by Ordinance CY23048. On June 14, 2024, the Coquille 
Indian Tribe duly adopted additional amendments to the Chapter 200 
Liquor Control Ordinance by Ordinance No. 24066. This Federal Register 
Notice comprehensively amends and supersedes the existing Coquille 
Indian Tribe Liquor Control Ordinance, Ordinance CY0933, enacted by the 
Coquille Indian Tribe, which was published in the Federal Register on 
October 23, 2009.
    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 Coquille Indian Tribe of the Coquille 
Indian Reservation, duly adopted these amendments to Chapter 200 Liquor 
Control Ordinance on May 26, 2023, and June 14, 2024.

Bryan Newland,
Assistant Secretary--Indian Affairs.

Coquille Indian Tribal Code

Chapter 200

Part 2--Economic Development Liquor Control

200.010 General

    1. Purpose. This Ordinance is for the purpose of regulating the 
manufacture, sale, distribute on, possession and use of alcoholic 
beverage on the Coquille Indian Reservation and other lands subject to 
Tribal jurisdiction. The enactment of this ordinance will increase the 
ability of the Tribal government to regulate liquor manufacture, sale, 
distribution and possession on the Coquille Indian Reservation, as 
defined below.
    2. Background.
    (a) Subject to certain limitations, Article VI, Section 1 of the 
Constitution of the Coquille Indian Tribe vests the Coquille Tribal 
Council with legislative and executive authority, including the 
authority to adopt this Ordinance.
    (b) The Tribal Council hereby specifically finds that the civil 
penalties referenced in this Ordinance are reasonably necessary and are 
related to the expense of governmental administration necessary in 
maintaining law and order and public safety on the Reservation and in 
managing, protecting and developing the natural resources on the 
Reservation. The Tribal Council further finds that this Ordinance is 
necessary to preserve and protect the health and welfare of the Tribe, 
Tribal members, employees and Tribal reservation guests. It is the 
legislative intent of the Tribal Council that all violations of this 
Ordinance, whether committed by tribal members, non-member Indians, or 
non-Indians, be considered civil in nature rather than criminal.
    3. Jurisdiction. This Ordinance conforms to all requisite laws as 
required by 18 U.S.C. 1161. Nothing in this Ordinance is intended to 
expand

[[Page 65382]]

the jurisdiction of the State of Oregon or diminish the jurisdiction of 
the Tribe.

200.120 Definitions

    Unless otherwise required by the context or tribal or federal law, 
the following words and phrases have the meanings designated below:
    1. ``Alcohol'' means ethyl alcohol, hydrated oxide of ethyl, or 
spirits of wine, from whatever source or by whatever process produced.
    2. ``Alcoholic beverage'' and ``alcoholic liquor'' mean any liquid 
or solid containing more than one-half of one percent alcohol by volume 
and capable of being consumed by a human being.
    3. ``Beer'' means any alcoholic beverage containing more than one-
half of one percent and not more than sixteen percent of alcohol by 
volume 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.
    4. ``Brewer'' means a person engaged in the business of producing 
beer or other alcoholic beverages that would be allowed to be produced 
under both a state license and federal brewer's permit.
    5. ``Brewery'' means a licensed commercial facility used for the 
production, bottling, canning, kegging, packaging, distribution or 
retail sales of beer or other alcoholic beverages that would be allowed 
to be produced under both a state license and federal brewer's permit 
on Tribal lands.
    6. ``Cider'' means an alcoholic beverage made from the fermentation 
of the juice of apples or pears that contains not more than 8.5 percent 
of alcohol by volume, including, but not limited to, flavored, 
sparkling, carbonated or fortified cider.
    7. ``Coquille Indian Reservation'' shall have the meaning set forth 
in 25 U.S.C. 715c(b) or as provided otherwise under applicable law and 
includes all lands held in trust by the United States for the Tribe or 
its members and all lands over which the Tribe exercises jurisdiction, 
wherever located.
    8. ``Distilled spirits'' means any alcoholic beverage obtained by 
the distillation of fermented agricultural products, and includes 
alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and 
gin, including all dilutions and mixtures thereof; ``distilled 
spirits'' does not include beer, wine, or cider. For purposes of this 
Ordinance, ``distilled spirits'' means ``distilled liquor'' or 
``liquor'' and such terms shall be used interchangeably.
    9. ``Distiller'' means a person engaged in the business of 
producing distilled spirits.
    10. ``Distillery'' means a licensed commercial facility used for 
the production, manufacture, distilling, blending, aging, bottling, 
packaging, branding, distribution or retail sale of distilled spirits 
on Tribal lands.
    11. ``Manufacture'' means any one or more acts of producing, 
brewing, fermenting, distilling, blending, aging, bottling, or 
packaging alcoholic beverages and includes the importation of alcoholic 
beverages for sale or distribution.
    12. ``Person'' means an individual, corporation, business trust, 
partnership, limited liability company, association, joint venture, 
government, governmental subdivision, agency, instrumentality or any 
other legal or commercial entity.
    13. ``Tasting Room'' means a retail outlet owned, leased, or 
operated by a manufacturer that is the consumer facing area for persons 
to sample, consume for on-premise consumption, and purchase for off-
premise consumption, liquor produced by such operator. Such premises 
need not be attached to the manufacturing facility.
    14. ``Tribally licensed manufacturer'' shall mean a person not 
wholly owned by the Tribe for the purposes of manufacturing liquor 
under this Ordinance, but otherwise licensed consistent with this 
Ordinance and the Tribe for the purposes of manufacturing liquor.
    15. ``Tribally owned manufacturer'' shall mean an entity wholly 
owned by the Tribe for the purposes of manufacturing liquor under this 
Chapter.
    16. ``Wine'' means any fermented vinous liquor or fruit juice, or 
other fermented beverage fit for beverage purposes that is not a beer, 
containing more than one-half of one percent of alcohol by volume and 
not more than twenty-one percent of alcohol by volume. ``Wine'' 
includes fortified wine. ``Wine'' does not include cider.
    17 ``Winemaker'' means the person operating a licensed commercial 
winery on Tribal lands.
    18 ``Winery'' means a facility licensed to produce wine on Tribal 
lands, including the production, blending, bottling, canning, kegging, 
packaging, distribution or retail sales of wine or cider on Tribal 
lands.
    19 Whenever the words ``sell'' or ``to sell'' refer to anything 
forbidden by this Chapter and related to alcoholic beverage, 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
    (g) To traffic in, or
    (h) To engage in a transaction for any consideration or promise 
obtained directly or indirectly under any pretext or by any means or to 
procure or allow to be procured for any other person.
    20. The word ``sale'' includes every act of selling as defined in 
subsection (18) of this section.

200.150 Civil Violation

    In addition to being grounds for revocation of a license and any 
prosecution under federal law, any of the following shall be a civil 
violation prosecutable under CITC Chapter 650, unless they are 
otherwise authorized by this Ordinance:
    1. For any person to sell, trade or manufacture any alcoholic 
beverage on the Coquille Indian Reservation except as provided for in 
this Ordinance.
    2. For any business establishment or person on the Coquille Indian 
Reservation to possess, transport or keep with intent to sell, barter 
or trade to another, any liquor, except for those commercial liquor 
establishments on the Coquille Indian Reservation licensed by the 
Tribe, provided, however, that a person may transport liquor from a 
licensed establishment consistent with the terms of the license. The 
prohibition in this Section 200.150(2) does not prohibit a person over 
the age of 21 from manufacturing, possessing, or consuming homemade 
beer, wine, or fermented fruit juice in a household on the Coquille 
Indian Reservation.
    3. For any person to consume alcoholic beverage on a public 
highway, provided that no such restriction shall apply to the service 
or consumption of alcoholic beverages by a passenger in a motor vehicle 
operated by or for a Tribal enterprise carrying consumers of legal 
drinking age to or from a tribal government or tribal enterprise-
operated casino, hotel, restaurant or venue. Any Tribal enterprise 
operating a motor vehicle under the exception to prohibition provided 
in this Section 200.150(3) must be a common carrier.
    4. For any person to publicly consume any alcoholic beverage at any 
community function, or at or near any place of business, Indian 
celebration grounds, recreational areas, including ballparks, and 
public camping areas, Tribal government facilities, Coquille Indian 
Housing Authority facilities, and any other public area where minors 
gather for meetings or recreation, except within a tribally licensed 
establishment where alcohol is sold. For purposes of

[[Page 65383]]

this Section 200.150(4), ``public camping areas'' does not include 
commercial RV parks.
    5. For any person under the age of 21 years to buy, attempt to buy 
or to misrepresent their age in attempting to buy, alcoholic beverage.
    6. For any person under the age of 21 years to transport, possess 
or consume any alcoholic beverage, or to be under the influence of 
alcohol or to be at an established commercial liquor establishment, 
except as authorized under this Ordinance.
    7. For any person to sell or furnish alcoholic beverage to any 
person under 21 years of age.
    8. For alcoholic beverages be given as a prize, premium or 
consideration for a lottery, contest, game of chance or skill, or 
competition of any kind.

200.200 Licensing Procedure

    1. Requests for a license under this Ordinance must be presented to 
the Tribal Council or its authorized designee at least 30 days prior to 
the requested effective date. The Tribe shall set license conditions at 
least as strict as those required by federal law, including at a 
minimum:
    (a) Alcoholic beverages may only be served and handled in a manner 
no less strict than allowed under Oregon Revised Statutes Chapter 471.
    (b) Alcoholic beverages may be served only by authorized employees 
of the licensee; and
    (c) Alcoholic beverages may be served in rooms where gambling is 
taking place if authorized by Tribal Council resolution.
    2. Tribal Council action on a license request must be taken at a 
regular or special meeting.
    3. Unless the request is for a special event license, the Tribal 
Council shall give at least 14 days' notice of the meeting at which the 
request will be considered. Notice shall be posted at the Tribal 
government administration building and at the establishment requesting 
the license, and will be sent by Certified Mail to the Oregon Liquor 
Control Commission.
    4. The Tribal Council may revoke a license for reasonable cause 
upon notice and hearing at which the licensee is given an opportunity 
to respond to any charges against it and to demonstrate why the license 
should not be suspended or revoked.
    5. Licenses issued by the Tribe shall not be transferable and may 
only be utilized by the person in whose name it was issued.
    6. Notwithstanding Subchapter 200.200(1), the Tribe may include 
conditions, restrictions, or additional rights in a manufacturer 
license issued under Section 200.360, including the right to import 
distilled spirits for manufacture, consistent with the requirements of 
federal and state law.

200.300 Sale or Service of Liquor by Licensee's Minor Employees

    1. The holder of a license issued under this Ordinance or Oregon 
Revised Statutes Chapter 471 may employ persons 18, 19 and 20 years of 
age who may take orders for, serve and sell alcoholic beverage in any 
part of the licensed premises when that activity is incidental to the 
serving of food except that no employee under the age of 21 may do so 
in those areas classified by the Oregon Liquor and Cannabis Commission 
(``OLCC'') as being prohibited to the use of minors. No person who is 
18, 19 or 20 years of age shall be permitted to mix, pour or draw 
alcoholic beverage except when pouring is done as a service to the 
patron at the patron's table or drawing is done in a portion of the 
premises not prohibited to minors.
    2. Except as stated in this section, it shall be unlawful to employ 
any person under the age of 21 years to work in connection with the 
sale and service of alcoholic beverages in a tribally licensed liquor 
establishment.

200.350 Memorandums of Understanding With the State of Oregon Regarding 
Certain Liquor Licensing and Regulation

    1. Notwithstanding any other provision of this Ordinance, the Tribe 
hereby authorizes and ratifies the negotiation and execution of the 
September 1, 2004 document entitled Memorandum of Understanding 
Governing Liquor Licensing and Regulation (the ``MOU'') between the 
Tribe and the State of Oregon, as amended or replaced from time to 
time, and this authorization and ratification shall be retroactive to 
September 1, 2004. Moreover, with regard to the sale of alcoholic 
beverage at an establishment described in the MOU any provision of this 
Ordinance shall yield to a conflicting provision of the MOU.
    2. Notwithstanding any other provision of this Ordinance, the sale 
of alcoholic beverages by the Tribe or an entity owned by the Tribe or 
a subsidiary thereof at an establishment described in the MOU (or other 
agreement with the State of Oregon) shall be governed exclusively by 
the terms of the MOU or other agreement with the State of Oregon, as 
applicable.
    3. Nothing in this Ordinance is intended to limit the authority of 
the Tribe, from time to time, to enter into agreements with the State 
of Oregon without further need to authorize or ratify under this 
Ordinance. Without limiting the foregoing, the Tribe further authorizes 
and ratifies the negotiation and execution of Intergovernmental 
Agreement between the Tribe and State of Oregon, as amended from time 
to time, concerning distilled spirits production and sales.

200.360 Manufacturing of Alcohol and Related Activities; Licenses

    No Tribal license may be issued for the manufacture of liquor 
unless the operator provides sufficient evidence demonstrating that the 
manufacturer and any operator possesses, or is in the process of 
securing, any federal permit or approval and any State of Oregon 
agreement and license(s) as required to operate such liquor 
manufacture. The Tribe shall have sole authority to determine if such 
are satisfied. Tribally licensed manufacturers may manufacture and 
distribute liquor in a manner consistent with federal and state laws 
and applicable agreements between the Tribe and OLCC. The following 
license types are hereby created and authorized for issuance to 
manufacturers:
    1. Distillery License: required for distilleries to be operated on 
Tribal land for the purposes of manufacturing distilled spirits, for 
sales of such spirits to consumers, and for other related purposes 
consistent with this Ordinance. Such license may authorize on Tribal 
lands a related Tasting Room, and warehousing space, that may or may 
not be attached to the manufacturing facility, for the purpose of 
serving and selling spirits manufactured to consumers.
    2. Brewery License: required for breweries to be operated on Tribal 
land for the purposes of manufacturing beer, for sale to consumers, and 
for other related purposes. Such license may authorize on Tribal lands 
a related retail sales outlet or tasting room, and warehousing space, 
that may or may not be attached to the manufacturing facility, for the 
purpose of serving and selling beer manufactured to consumers.
    3. Winery License: required for wineries to be operated on Tribal 
land for the purposes of manufacturing wine, mead or cider, for sale to 
consumers, and for other related purposes. Such license may authorize 
on Tribal lands a related retail sales outlet or tasting room, and 
warehousing space, that may or may not be attached to the manufacturing 
facility, for the purpose of serving and selling wine, mead or cider 
manufactured to consumers.

[[Page 65384]]

200.400 Warning Signs Required

    1. Any person in possession of a valid retail liquor license, who 
sells liquor by the drink for consumption on the premises or sells for 
consumption off the premises, shall post a sign informing the public of 
the effects and risks of alcohol consumption during pregnancy as 
required under this section.
    2. The sign shall:
    (a) Contain the message: ``Pregnancy and alcohol do not mix. 
Drinking alcoholic beverages, including wine, coolers and beer, during 
pregnancy can cause birth defects.''
    (b) Be either:
    (1) A large sign, no smaller than eight and one-half inches by 11 
inches in size with lettering no smaller than five-eighths of an inch 
in height; or
    (2) A reduced sign, five by seven inches in size with lettering of 
the same proportion as the large sign described in paragraph (1) of 
this subsection.
    (c) Contain a graphic depiction of the message to assist nonreaders 
in understanding the message. The depiction of a pregnant female shall 
be universal and shall not reflect a specific race or culture.
    (d) Be in English unless a significant number of the patrons of the 
retail premises use a language other than English as a primary 
language. In such cases, the sign shall be worded both in English and 
the primary language or languages of the patrons.
    (e) Be displayed on the premises of all licensed retail liquor 
premises as either a large sign at the point of entry, or a reduced 
sized sign at points of sale.

200.500 Violations of this Ordinance

    1. Any person who violates the provisions of this Ordinance is 
deemed to have consented to the jurisdiction of the Tribal Court and 
may be subject to a civil penalty in Tribal Court for a civil 
violation. Such civil penalty shall not exceed the sums described in 
CITC Chapter 650.
    2. Such civil violations shall be prosecuted under the procedures 
set forth in CITC Chapter 650.

200.550 Administration

    The Tribe's executive director is responsible for the 
administration of this Ordinance. The executive director may establish 
reasonable rules and regulations necessary or appropriate to carry out 
the purpose and intent of this Ordinance. Violations of any rules and/
or regulations established by the executive director pursuant to this 
Ordinance will be subject to enforcement as provided under this 
Ordinance. No person may violate or fail to comply with any rule or 
regulation established by the executive director or willfully make any 
false or misleading statement to the executive director regarding 
information relevant to the issuance of a license.

200.600 Severability

    If a court of competent jurisdiction finds any provision of this 
Ordinance to be invalid or illegal under applicable Federal or Tribal 
law, such provision shall be severed from this Ordinance and the 
remainder of this Ordinance shall remain in full force and effect.

200.700 Compliance With 18 U.S.C. 1161

    The Tribe will comply with Oregon Liquor Laws to the extent 
required by 18 U.S.C. 1161.

200.800 Effective Date

    This Ordinance shall be effective upon publication in the Federal 
Register after approval by the Secretary of the Interior or his 
designee.

200.900 Sovereign Immunity

    Nothing in this Ordinance waives the sovereign immunity of the 
Coquille Indian Tribe or any of its officers, directors or employees.

[FR Doc. 2024-17673 Filed 8-8-24; 8:45 am]
BILLING CODE 4337-15-P