Notice2026-03107
Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California; 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
February 18, 2026
Effective
March 20, 2026
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes the Liquor Control Ordinance of the Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria, California.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Pages 7519-7523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03107]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[267A2100DD/AAKC001030/A0A501010.00000]
Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria,
California; Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Liquor Control Ordinance of the Elem
Indian Colony of Pomo Indians of the Sulphur Bank Rancheria,
California.
DATES: The Liquor Control Ordinance shall become effective March 20,
2026.
FOR FURTHER INFORMATION CONTACT: Ms. Sarraye Forrest-Davis, Tribal
Government Specialist, Bureau of Indian Affairs, Pacific Region,
Division
[[Page 7520]]
of Tribal Government Services, 2800 Cottage Way, Room W-2820,
Sacramento, California 95825, Telephone (916) 978-6067, 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. On August 20, 2025, the Business
Committee of the Elem Indian Colony of Pomo Indians of the Sulphur Bank
Rancheria, California, enacted the Elem Indian Colony Liquor Control
Ordinance by Resolution No. ADLCO25323 to regulate and control the
consumption, possession, sale, manufacture, and distribution of liquor
within Tribe's reservation and trust lands.
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 Business Committee of the Elem Indian
Colony of Pomo Indians of the Sulphur Bank Rancheria, California, duly
enacted Elem Indian Colony Liquor Control Ordinance by Resolution No.
ADLCO25323 on August 20, 2025.
William Henry Kirkland III,
Assistant Secretary--Indian Affairs.
The Elem Indian Colony Liquor Control Ordinance shall read as
follows:
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
1.7 Interpretation and Findings
1.8 Conflicting Provisions
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 Tribe
4.1 Licensing
4.2 Limitation on Powers
4.3 Inspection Rights
Article Five, Enforcement Power
5.1 Enforcement
Article Six, Taxes, Reports, and Audits
6.1 Taxation
6.2 Sales Tax
6.3 Taxes Due
6.4 Delinquent Taxes
6.5 Sales Tax Reporting
6.6 Audits
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 Eight, Liquor Licensing
8.1 Application for Liquor License Form and Content
8.2 Fee Accompanying License Application
8.3 Investigation and Denial of Application
8.4 State License Required
Article Nine, Issuance, Revewal, and Transfer of Licenses
9.1 Public Hearing
9.2 Tribal Action on the Application
9.3 License Multiple Locations
9.4 License Terms; Temporary Licenses
9.5 Transfer of License; Tribal Approval Required
9.6 Licenses are Not a Property Right
Article Ten, Suspension and Revocation of Licenses
10.1 License Suspension and Revocation
10.2 License Revocation
10.3 Revocation Hearing
Article Eleven, Ordinance Enforcement
11.1 Ordinance Enforcement
Article Twelve, Violation a Public Nuissance
12.1 Violation a Public Nuisance
Article Thirteen, Severability
13.1 Severability
Article Fourteen, Effective Date
14.1 Effective Date
Article Fifteen, Amendment
15.1 Amendment
Article Sixteen, Profits
16.1 Profits
Article One, General Provisions
Section 1.1 Title. This Ordinance shall be known as Elem Indian
Colony Liquor Control Ordinance. The short title of this Ordinance
shall be referred to as the ``Liquor Control Ordinance.''
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 inherent and enumerated powers vested in the
Elem Indian Colony of Pomo Indians (``Tribe'') to promulgate and
adopt legislation, regulations and ordinances under Article VII,
Section 1. and 2. of the Constitution of Elem Indian Colony.
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 Tribe's
Jurisdiction including its Reservation and/or Rancheria
(``Reservation'') and trust Lands, in order to permit Alcohol Sales
by tribally owned and operated enterprises, private lessees, and
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.
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.
1.5 Application of 18 U.S.C. 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 18 U.S.C. 1161 and the
United States.
1.6 Declaration of Public Policy; Findings. The Tribe enacts
this Liquor Control Ordinance based upon the following findings:
(a) The distribution, manufacturing, possession, consumption and
Sale of Liquor within the Tribe's jurisdiction is a matter of
special concern to the Tribe.
(b) The Tribe is the beneficial owner of the Reservation and
trust Lands, upon which the Tribe intends to operate various
business including a Travel Center/Fuel Station.
(c) The Tribe's businesses serve 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 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 inadequately 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
[[Page 7521]]
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.
1.7 Interpretation and Findings. The Tribe shall interpret any
ambiguities contained in this ordinance.
1.8 Conflicting Provisions. Whenever a conflict arises between
the provisions of this Liquor Control Ordinance, the stricter of
such provision shall apply. In construing the provisions of the
ordinance, words or phrases shall have their ordinary meaning unless
a different meaning is expressly provided or the context clearly
indicates otherwise.
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 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,
State, 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 Elem Indian Colony of Pomo Indians, a
federally recognized Indian Tribe that is listed in the Federal
Register.
(j) ``Travel Center'' means a fuel and convenience store owned
by the Tribe and operating on trust Lands.
(k) ``Sale and Sell'' means the transfer for consideration of
any kind, including by exchange or barter.
(l) ``State'' means the State of California or a subordinate
licensing entity.
(m) ``Reservation and or Rancheria'' means all Lands held in
trust by the United States for the benefit of Elem Indian Colony.
Article Three, Liquor Sales, Possession, Consumption and Manufacture
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.
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.
3.3 Manufacture of Alcohol. The manufacture of beer, wine and
spirits 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.
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
required by the State shall govern for purposes of this Liquor
Control Ordinance.
Article Four, Power of the Tribe
4.1 Licensing. The Tribe 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 be issued 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 Tribe
may, in its discretion, set standards which are more, but in no case
less, stringent than those of the State.
4.2 Limitation on Powers. In the exercise of its powers and
duties under this ordinance, the Tribe, designee, individual members
and staff shall not:
(a) Accept any gratuity, compensation or other thing of value
from any Liquor
wholesaler, retailer or distributor, or from any Licensee; or
(b) Waive the immunity of the Tribe from suit without the
express and separate consent of the Tribe or Executive Committee
consistent with its sovereign immunity waiver ordinance, if any, or
via resolution.
4.3 Inspection Rights. The public places on or within which
Liquor is sold, distributed or consumed shall be open for inspection
by the Tribe or its designee at all reasonable times for the
purposes of ascertaining compliance with this ordinance and other
regulations promulgated pursuant thereto. The Tribe may delegate all
or part of its inspection authority to a designee or other
subordinate tribal entity or agency, or may contract with third
parties for this purpose.
Article Five, Enforcement Power
5.1 Enforcement. The Tribe 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 Tribe 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 Tribe 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 a
subordinate hearing officer or panel the authority to take any or
all of the foregoing actions on its behalf.
Article Six, Taxes, Reports, and Audits
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, manufacture or consumption
of Liquor or any Alcoholic Beverage.
6.2 Sales Tax. There is hereby levied and shall be collected a
tax on each retail Sale of Liquor and Alcoholic Beverages on the
Lands within the Tribe's Jurisdiction in an amount of one and one-
half (1.5%) percent of the retail Sales price. All taxes from the
Sale of Liquor and beverages shall be paid to the General Fund of
the Tribe.
6.3. Taxes Due. All taxes of the Sale of Liquor and Alcoholic
Beverages within the Tribe's Jurisdiction are due on the 15th date
of the month following the calendar quarter for which the taxes are
due.
[[Page 7522]]
6.4. Delinquent Taxes. Past due taxes shall accrue interest a
two percent (2%) per month.
6.5 Sales Tax Reporting. Along with payment of the taxes imposed
the taxpayer shall submit a quarterly accounting of all income from
the Sale or distribution of Liquor, as well as for the taxes
collected.
6.6 Audit. As a condition of obtaining a License, the Licensee
shall submit to a review of its books and records relating to the
Sale of Liquor and Alcoholic Beverages within the Tribe's
Jurisdiction. The audit shall be done bi-annually through its agents
or designee for purposes of enforcing this ordinance and to review
the accuracy of the reports.
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 in any way, 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, if applicable, and/or the laws of the
State to the extent required by 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
Executive Committee, 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 Tribe 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.
Article Eight, Liquor Licensing
8.1 Application for Liquor License Form and Content. An
Application for a Liquor License under this ordinance shall be made
to the Tribe's Executive Committee and shall contain the following
information:
(a) The names and addresses of the applicant(s). In the case
where applicants are an entity the names and addresses of all
officers, directors and stockholders owning more than ten percent
(10%) of outstanding corporate shares.
(b) The specific area or location for which the License is
applied for.
(c) The Type of Liquor License applied for (retail off-Site,
etc.).
(d) Whether the applicant has a State License.
(e) A Statement that the applicant has not been convicted of a
felony and has not violated or will not violate or cause to be
violated this ordinance or any provisions of the California
Alcoholic Beverage Control Act;
(f) The signature and fingerprint of the applicant. In the case
of a partnership or limited liability company, the signature and
fingerprint of each partner or Company member. In the case of a
corporation, a fingerprint of each corporate officer under the seal
of the corporation.
(g) The application shall be verified, under oath, notarized and
accompanied by the License fee required by this ordinance.
8.2 Fee Accompanying License Application. The Tribe, by
resolution shall establish a fee schedule for the licensure, renewal
and transfer of tribal Liquor Licenses. The Tribe may issue any of
the California Beverage Control License types for use within its
Jurisdiction so long as the Tribe or a tribally owned, chartered or
affiliated entity holds an active California Beverage Control
License of the type to be Licensed.
8.3 Investigation and Denial of Application. Upon receipt of an
application for the issuance, transfer or renewal of a License and
the application fee, the Tribe or its designee shall investigate
whether the applicant or the premises applied for qualify for a
License under the ordinance and whether the ordinance has been
complied with and shall investigate any matter which may affect the
health, welfare and morals of the Tribe and public. The Tribe shall
deny a License if either the applicant or the premises applied for
does not qualify for a License under the ordinance or the applicant
has misrepresented any facts in the application or provided false
information to the Tribe on the application to obtain a License. The
Tribe may further deny a License if it cannot make the findings
required under Section 9.2 of this ordinance or the Tribe determines
that the issuance of said License would tend to create a law
enforcement problem or the issuance of the License would result in
detriment to the health, safety and welfare of the Tribe or public.
8.4 State License Required. No Person shall be allowed or
permitted to Sell or provide Liquor on the Elem Indian Colony or its
trust Lands if she/he/it does not also have a License from the State
of California to Sell or provide such Liquor. If such License from
the State is revoked or suspended, the Tribal License shall
automatically be revoked or suspended as well.
Article Nine, Issuance, Renewal, And Transfer Of Licenses
9.1 Public Hearing. Upon receipt of a License application,
renewal or transfer and the payment of all required fees, the Tribe
shall set a public hearing at the next available Tribal meeting
date. Notice of the hearing shall be provided to the applicant and
membership at least ten (10) days prior to the hearing. Notice shall
be given by prepaid U.S. Mail at the address listed on the License
application. Notice shall be provided to the Tribal membership via
electronic mail, and by posting on the Tribal website and Tribal
Office. At the hearing the Tribe shall hear from any Person who
wishes to speak for or against the issuance, renewal or transfer of
the License. The Tribe has the authority to place time limits on the
speakers and limit or prohibit repetitive testimony.
9.2 Tribal Action on the Application. Within thirty (30) days of
the hearing, the Tribe shall act on the application. The Tribe shall
have the authority to approve the application without or with
conditions or deny the application. Before approving an application,
the Tribe shall make the following findings: (1) the site for the
proposed License has adequate parking, lighting, security, ingress
and egress so as not to adversely affect adjoining properties or
businesses; and (2) the Sale of Alcoholic Beverages is consistent
with the Tribe's Zoning ordinance if such ordinance exists. Upon
approval of an application the Tribe shall issue a License to the
applicant in a form to be determined by the Tribe by resolution. All
tribal Licensees shall post their License in a conspicuous place
where the Alcoholic Beverages are sold or manufactured.
9.3 License Multiple Locations. Each tribal License shall be
issued to a single location. Separate Licenses are required for the
premises of any business establishment having more than one
location.
9.4 License Terms; Temporary Licenses. All Licenses issued by
the Tribe are issued on a calendar year annual basis and shall be
renewed annually; provided however, the Tribe may issue a special
License for the Sale of Alcoholic Beverages on a temporary basis for
premises occupied temporarily by the Licensee; for a picnic, social
gathering or similar occasion at a fee to be established by the
Tribe by resolution.
9.5 Transfer of License; Tribal Approval Required. Each License
issued under this ordinance is separate and distinct and
transferrable from one Person to another or from one location to
another only with tribal approval. The transfer application shall
comply with this ordinance information requirements as to Person(s)
or entitles Licensed and License location.
9.6 Licenses are not a Property Right. Notwithstanding any other
provision of this Liquor Control Ordinance, a Tribal Liquor License
is a mere permit for a fixed duration of time. A Tribal Liquor
License shall not be deemed a property right or vested right of any
kind, nor shall the granting of a tribal Liquor ordinance give rise
to a presumption of legal entitlement to a License/permit in a
subsequent time period.
Article Ten, Suspension And Revocation Of Licenses
10.1 License Suspension and Revocation. The Tribe may revoke or
suspend a License under any of the following circumstances:
[[Page 7523]]
(a) Misrepresentation of a material fact on any application for
License, renewal or transfer;
(b) A violation of any condition imposed by the Tribe on the
License, renewal or transfer;
(c) A plea, judgment of guilty or plea of nolo contender to any
public offense involving moral turpitude under any federal, State or
tribal law prohibiting or a law regulating the Sale, use, possession
or giving away of Alcoholic Beverages or intoxicating Liquors;
(d) The violation of any Tribal Ordinance;
(e) A violation of any rule, regulation or policy of the
California Alcoholic Beverage Control Act;
(f) The failure to take reasonable steps to correct
objectionable conditions constituting a public nuisance on the
Licensed premises or any immediately adjacent area leased, assigned
or rented by the Licensee within a reasonable time after receipt of
notice to make such corrections by the Tribe or its designee.
10.2 License Revocation. Any Person or entity, including the
Tribe, on its own motion or the adoption of a resolution, may
initiate revocation proceedings by filing an accusation with the
Executive Committee. The accusation shall be in writing, signed
under penalty of perjury, and contain facts that support the
revocation of the License consistent with this Ordinance. Upon
receipt of the accusation the Executive Committee shall set a
hearing date. Notice of the hearing shall be forwarded to the
Licensee thirty (30) days prior to the hearing date. The Notice
shall command the Licensee to appear at the hearing and show cause
why the License should not be revoked. The Notice shall state the
Licensee has the right to file a written response to the accusation
ten (10) days prior to the hearing. Notice of the hearing shall be
posted on the Tribe's website and at the Tribal Offices.
10.3 Revocation Hearing. Any revocation hearing shall be held
before a majority of the members of Executive Committee or its
designee. If a designee is utilized, the designee shall be appointed
by the Executive Committee by resolution. The Licensee, accuser and
the Tribe may present witnesses to testify and present documents at
the hearing. The Executive Committee or its designee shall present a
written decision within sixty (60) days of the hearing.
Article Eleven, Ordinance Enforcement
11.1 Ordinance Enforcement. Any Person or entity found to have
violated this ordinance shall be subject to a civil penalty not more
than five-hundred ($500.00) dollars for each violation. The Tribe
may adopt a separate schedule of fines for each type of violation by
resolution. Such schedule may provide for penalties in excess of
five-hundred ($500.00) dollars the penalties shall be in addition to
any criminal penalties that may be imposed subject to a separate
ordinance adopted by the Tribe and in conformity with federal law.
Article Twelve, Violation a Public Nuisance
12.1 Violation a Public Nuisance. Any violation of this
ordinance shall constitute a public nuisance. The Tribe may initiate
and maintain an action in tribal court or any court of competent
jurisdiction to abate or permanently enjoin the nuisance. Any action
taken under this section shall be in addition to other penalties
provided for under this ordinance.
Article Thirteen, Severability
13.1 Severability. If any part of this ordinance shall be deemed
invalid, the remaining portions shall remain in full force and
effect.
Article Fourteen, Effective Date
14.1 Effective Date. The Effective Date of this ordinance shall
be the date the Secretary of the Interior or their designee
certifies the ordinance and publishes it in the Federal Register.
Article Fifteen, Amendment
15.1 Amendment. This ordinance may be amended by a majority vote
of the General Council or its designee at a duly noticed meeting.
Such amendment to become effective upon publication in the Federal
Register by the Secretary of the Interior or their designee.
Article Sixteen, Profits
16.1 Profits. The gross proceeds collected by the Tribe from all
licensing of the Sale, manufacture and distribution of Alcoholic
Beverages within the Tribe's Jurisdiction, and from proceedings
involving violations of this ordinance, shall be distributed as
follows:
(a) First, for the payment of all necessary Personnel,
administrative costs, and legal fees incurred in the enforcement of
this ordinance; and
(b) Second, the remainder shall be turned over to the Tribe's
General Fund and expended for governmental services and programs as
directed by the Tribe or its designee.
[FR Doc. 2026-03107 Filed 2-17-26; 8:45 am]
BILLING CODE 4337-15-P
</pre></body>
</html>Indexed from Federal Register on February 18, 2026.
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.