Notice2024-17673
Coquille Indian Tribe; Amendments to 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
August 9, 2024
Effective
September 9, 2024
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 154 (Friday, August 9, 2024)</title>
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[Federal Register Volume 89, Number 154 (Friday, August 9, 2024)]
[Notices]
[Pages 65381-65384]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
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</html>Indexed from Federal Register on August 9, 2024.
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.