Notice2023-12920
Lower Elwha Tribal Community; Liquor 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
June 16, 2023
Effective
June 16, 2023
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes the Lower Elwha Tribal Community Liquor Ordinance. This Ordinance certifies the Tribe's liquor licensing laws to regulate and control possession, sale, and consumption of liquor within the jurisdiction of the Tribe's reservation in conformity with the laws of the State of Washington for the purposes of generating Tribal revenues. Enactment of this statute will help provide a source of revenue to strengthen Tribal government, provide for economic viability of Tribal enterprises, and improve delivery of Tribal government services.
Full Text
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<title>Federal Register, Volume 88 Issue 116 (Friday, June 16, 2023)</title>
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[Federal Register Volume 88, Number 116 (Friday, June 16, 2023)]
[Notices]
[Pages 39448-39450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-12920]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[234A2100DD/AAKC001030/A0A501010.999900]
Lower Elwha Tribal Community; Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Lower Elwha Tribal Community Liquor
Ordinance. This Ordinance certifies the Tribe's liquor licensing laws
to regulate and control possession, sale, and consumption of liquor
within the jurisdiction of the Tribe's reservation in conformity with
the laws of the State of Washington for the purposes of generating
Tribal revenues. Enactment of this statute will help provide a source
of revenue to strengthen Tribal government, provide for economic
viability of Tribal enterprises, and improve delivery of Tribal
government services.
DATES: This ordinance shall become effective June 16, 2023.
FOR FURTHER INFORMATION CONTACT: Sharon Jackson, Tribal Government
Services, Bureau of Indian Affairs, 911 Northeast 11th Avenue,
Portland, OR 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
[[Page 39449]]
ordinances for the purpose of regulating liquor transactions in Indian
country.
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 Lower Elwha Tribal Community adopted
Resolution Number: 04-23 (Liquor Ordinance) on January 09, 2023, as
amended by Resolution Number 41-23 (Revised Liquor Ordinance) on April
03, 2023.
Bryan Newland,
Assistant Secretary-Indian Affairs.
The Lower Elwha Tribal Community--Alcoholic Beverages Ordinance
shall read as follows:
1. General Purpose
The Lower Elwha Tribal Community, also known as the Lower Elwha
Klallam Tribe (the ``Tribe'') has a paramount interest in protecting
the health, safety, and general welfare of its members, residents, and
persons doing business within or visiting the Tribe's territorial
jurisdiction, and in promoting the orderly economic development of the
tribal community. The purpose of this Ordinance is to exercise the
Tribe's sovereign and delegated authority to regulate the sale,
distribution, and taxation of liquor within the Tribe's territorial
jurisdiction.
2. Authority
This Statute is enacted pursuant to the Act of August 15, 1953
(Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in
the Tribal Business Committee of the Lower Elwha Tribal Community to
develop, adopt and enforce statutes as authorized under Article IV,
Section 1 of the Constitution of the Lower Elwha Tribal Community,
adopted April 6, 1968, as subsequently amended.
3. Scope
3.1. This Ordinance applies to the full extent of the sovereign
jurisdiction of the Tribe and any and all jurisdictional authority
delegated by the United States under 18 U.S.C. 1161 and other laws. The
Tribe has inherent authority under its Constitution to protect the
public health and safety and to regulate the conduct of business within
its territorial jurisdiction; specifically, Article IV, Section 1(b) of
the Tribe's Constitution authorizes the Tribe to regulate the use of
community property, and Article IV, Section 1(f) thereof authorizes the
Tribe to enact ordinances to levy and collect taxes and to otherwise
regulate the conduct of business activities within the Tribe's
territorial jurisdiction.
3.2. Compliance with this Ordinance is a condition of any entry
upon or use of any land or premises within the Tribe's territorial
jurisdiction.
3.3 Any person who resides, conducts business, engages in a
business transaction, patronizes a business operated by the Tribe,
receives benefits from the Tribe, acts under Tribal authority, or
enters the Tribe's territorial jurisdiction has consented to the
following:
3.3.1. To be bound by the terms of this Ordinance;
3.3.2. To the exclusive authority of the Tribe for purposes of
administering and enforcing this Ordinance and to the exclusive
jurisdiction of the Lower Elwha Tribal Court for legal actions arising
under this Ordinance; and
3.3.3. To detainment, service of summons and process, and search
and seizure in conjunction with legal actions arising pursuant to this
Ordinance.
3.4. This Ordinance is intended to be in addition to, supplementary
to, and consistent with Federal law, and will not be construed as
contrary to Federal law, or as inconsistent with any law of the State
of Washington relative to the sale of liquor within the Tribe's
territorial jurisdiction that has been made applicable by Federal law.
4. Repeal of Prior Liquor Control Laws
4.1. Any previously enacted ordinances and resolutions of the Tribe
regulating, authorizing, prohibiting, or in any way dealing with the
sale of liquor are hereby repealed and declared to be of no further
force and effect, with the exception of the provisions of the Elwha
Justice Code Section 9.12, Drug and Alcohol Violations.
4.2. The provisions of this Ordinance are prospective only from the
date of its enactment. This Ordinance does not affect any valid license
or permit held by a Tribal liquor retailer that may have been
previously issued by the State of Washington, nor does it preclude the
Tribe from replacing any such license or permit in accordance with a
Tribal-State Liquor Compact or Agreement.
5. Definitions
As used in this Ordinance, the following definitions apply:
5.1. ``Community Council'' means the Lower Elwha Tribal Community
Council, as defined in Article III, Section 1 of the Tribe's
Constitution, as amended.
5.2. ``Business Committee'' means the Lower Elwha Tribal Business
Committee, as defined in Article III, Section 2 of the Tribe's
Constitution, as amended.
5.3. ``Territorial jurisdiction,'' consistent with the definition
of ``Indian country'' in 18 U.S.C. 1151(a) and (c), means:
5.3.1. All land within the limits of the Lower Elwha Indian
Reservation, notwithstanding the issuance of any patent, and, including
rights of way running through the Reservation; and
5.3.2. All other lands held by the United States in trust for the
benefit of the Tribe, including rights of way running through the same.
5.4. ``Liquor'' has the same meaning as in the Revised Code of
Washington, RCW 66.04.010 (1), (3), (25), (26) and (43), as of the
effective date of this Ordinance.
5.5. ``Sale'' and ``sell'' has the same meaning as in the Revised
Code of Washington in RCW 66.04010 (39), as of the effective date of
this Ordinance.
5.6. ``Tribal liquor retailer'' means a liquor retailer wholly
owned and controlled by the Lower Elwha Klallam Tribe and located
within the Tribe's territorial jurisdiction.
5.7. ``Liquor distributor'' means a State-licensed entity located
outside the Tribe's territorial jurisdiction that sells liquor to a
Tribal liquor retailer for resale within the Tribe's territorial
jurisdiction.
6. Liquor Sales by Tribal Liquor Retailers Only
6.1. Only Tribal liquor retailers may obtain a license under this
Ordinance to sell liquor within the Tribe's territorial jurisdiction.
6.2. A Tribal liquor retailer must obtain authorization under this
Ordinance by applying in writing to the Business Committee for a
license to sell liquor at a specific location within the Tribe's
territorial jurisdiction. The Business Committee, in its sole
discretion, will determine whether to grant a license. Each license
granted will specify what liquor products are authorized to be sold
pursuant to the license as well as all other terms, which must be set
forth in writing and approved by Resolution of the Business Committee.
6.3. All Tribal liquor retailers must comply with all provisions of
this Ordinance, with all applicable provisions of any license issued
hereunder, and with any rules and regulations promulgated hereunder by
the Business Committee.
6.4. A tribal liquor retailer, or the Tribe on behalf of such
retailer, must also obtain authorization from the State of Washington,
or a certification from the State that no such authorization is
required, before it may commence
[[Page 39450]]
selling liquor within the Tribe's territorial jurisdiction.
6.5. Liquor distributors located outside the Tribe's territorial
jurisdiction that are duly licensed by the State of Washington are not
required to obtain a license under this Ordinance in order to
distribute liquor to any Tribal liquor retailer authorized under this
Ordinance.
7. Tribal Liquor Tax
7.1. The Tribal Taxing Authority, vested in the office of the Chief
Financial Officer, has the authority and responsibility to collect,
audit, and issue fees, licenses, taxes, and permits in accordance with
this Ordinance.
7.2. In consultation with the Office of Tribal Attorney, the Tribal
Taxing Authority may propose a Tribal liquor tax on all sales of liquor
within the Tribe's territorial jurisdiction, and any rules and
regulations governing matters under Section 6.1 above. All such
proposed taxes, fees, and regulations must be approved by written
resolution of the Business Committee.
7.3. Any Tribal liquor tax must be remitted to the Tribe on a
quarterly basis.
7.4. The Tribe will use its liquor tax revenue for essential tribal
government functions and services.
8. Prohibitions and Enforcement; License Revocation
8.1. The purchase, sale, and dealing in liquor within Tribe's
territorial jurisdiction by any Tribal liquor retailer, or any other
person, party, firm, corporation, or entity, except as provided in this
Ordinance is hereby declared unlawful. Without limitation as to any
other penalties and fines that may apply, any violation of this
subsection is a civil infraction punishable by a fine of up to five
hundred dollars ($500.00).
8.2. Nothing in this Ordinance exempts a Tribal liquor retailer
from compliance with the provisions of Section 9.12, Drug and Alcohol
Violations, of the Elwha Justice Code.
8.3. The Elwha Tribal Police are authorized to enforce the
provisions of this Ordinance. The Lower Elwha Tribal Court has
exclusive jurisdiction to determine any and all cases or disputes
arising under this Ordinance.
8.4. The Business Committee may revoke any license granted under
this Ordinance for non-compliance, after providing written notice to
the license holder and a fair and reasonable opportunity to appear in
person to demonstrate why the license should not be revoked. The
decision of the Business Committee to revoke a license is final, with
no opportunity for judicial review. Any search or seizure of property
related to such a revocation will be done in accordance with Sections
6.7 and 6.8 of the Lower Elwha Judicial Code and Court Procedures.
9. Authority To Enter Into Inter-Governmental Agreements; Compliance
with the Laws of the State of Washington
9.1. The Business Committee is authorized to approve and enter into
agreements with the Washington State Liquor and Cannabis Board, the
Washington State Department of Revenue, and any other cognizant agency
of the State concerning the authorization, taxation, or other
regulation of liquor sales within the Tribe's territorial jurisdiction.
The Business Committee's approval must be memorialized in a Resolution,
with a copy of the agreement attached thereto.
9.2. Tribal liquor retailers must comply with any applicable
Washington State liquor law standards to the extent required by 18
U.S.C. 1161 or any agreement entered into under Section 8.1 above.
10. Severability
If any section, provision, phrase, addition, word, sentence, or
amendment of this Ordinance or its application to any person is held
invalid, that invalidity will not affect the other provisions or
applications of this Ordinance that can be given effect without the
invalid application.
11. Sovereign Immunity Preserved
Nothing in this Ordinance constitutes or may be construed as a
waiver of the Tribe's sovereign immunity from unconsented suit. The
Tribe will not enter into any inter-governmental agreement regarding
the regulation of liquor within the Tribe's territorial jurisdiction
that waives the Tribe's sovereign immunity for any purpose unless such
waiver is expressly approved in a Resolution of the Business Committee.
No Tribal liquor retailer may waive the sovereign immunity it possesses
as an entity of the Tribe, or waive the Tribe's sovereign immunity,
without clear, express, written approval of the Business Committee.
12. Effective Date
Except where a different effective date is required by Federal law,
this Ordinance is effective immediately upon publication by the United
States Department of the Interior in the Federal Register.
13. Authority To Amend
The Business Committee is authorized to amend this Ordinance as it
may see fit in the exercise of its sound judgment on behalf of the
Tribe and to take any steps necessary to ensure that such amendment is
properly approved and effective in accordance with applicable Federal
law.
[FR Doc. 2023-12920 Filed 6-15-23; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on June 16, 2023.
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.