Notice2021-19838
Table Mountain Rancheria; Liquor Control Ordinance
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 15, 2021
Effective
October 15, 2021
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 86 Issue 176 (Wednesday, September 15, 2021)</title>
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[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51370-51372]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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</html>Indexed from Federal Register on September 15, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.