[Federal Register Volume 77, Number 35 (Wednesday, February 22, 2012)]
[Notices]
[Pages 10551-10553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4131]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Confederated Tribes of the Umatilla Indian Reservation--Amendment
to Liquor Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the amendments to the Confederated
Tribes of the Umatilla Liquor Code. The Code regulates and controls the
possession, sale and consumption of liquor within the Confederated
Tribes of the Umatilla Reservation. The land is located on trust land
and this Code allows for the possession and sale of alcoholic beverages
within the Confederated Tribes of the Umatilla's Reservation. This Code
will increase the ability of the tribal government to control the
distribution and possession of liquor within their reservation, and at
the same time will provide an important source of revenue, the
strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Amendment is effective 30 days after
February 22, 2012.
FOR FURTHER INFORMATION CONTACT: Betty Scissons, Tribal Government
Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 NE
11th Avenue, Portland, OR 97232, Phone: (503) 231-6723; Fax: (503) 231-
6731: or De Springer, Office of Indian Services, Bureau of Indian
Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240;
Telephone (202) 513-7626.
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 ordinances for the purpose of regulating liquor
transactions in Indian country. The Board of Trustees of the
Confederated Tribes of the Umatilla Indian Reservation duly adopted
Resolution No. 10-056 to amend the Confederated Tribes of the Umatilla
Indian Reservation Liquor Code on July 12, 2010.
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 Board of Trustees of the Confederated
Tribes of the Umatilla Indian Reservation duly adopted Resolution No.
10-056 to amend the Confederated Tribes of the Umatilla Indian
Reservation Liquor Code on
July 12, 2010.
Dated: February 9, 2012.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The amendment to the Confederated Tribes of the Umatilla Indian
Reservation Liquor Code reads as follows:
CHARTER 1. LIQUOR CODE
SECTION 1.01. TITLE
This Code shall be the Liquor Code of the Confederated Tribes of
the Umatilla Indian Reservation (Confederated Tribes) and shall be
referenced as the Liquor Code.
SECTION 1.02. FINDINGS AND PURPOSE
A. The introduction, possession, and sale of liquor on Indian
reservations has historically been recognized as a matter of special
concern to Indian tribes and to the United States. The control of
liquor on the Umatilla Indian Reservation remains exclusively subject
to the legislative enactments of the Confederated Tribes in its
exercise of its governmental powers over the Reservation, and the
United States.
B. Federal law prohibits the introduction of liquor into Indian Country
(18 U.S.C. Sec. 1154), and authorized tribes to decide when and to
what extent liquor transactions, sales, possession and service shall be
permitted on their reservation (18 U.S.C. Sec. 1161).
C. The Board of Trustees, as the governing body of the Confederated
[[Page 10552]]
Tribes pursuant to Article VI, Sec. 1 of the Constitution and Bylaws
of the Confederated Tribes, have adopted Resolutions to permit the sale
and service of liquor at the Wildhorse Resort & Casino and at Coyote
Business Park as provided in this Code, but at no other locations.
D. Pursuant to the authority in Article VI, Sec. 1(a) of the
Confederated Tribes' Constitution, the Board of Trustees has the
authority ``to represent the [Confederated] Tribes and to negotiate
with the Federal, State and local governments...on...projects and
legislation that affect the [Confederated] Tribes''.
E. Pursuant to the authority in Article VI, Sec. 1(d) of the
Confederated Tribes' Constitution, the Board of Trustees has the
authority ``to promulgate and enforce ordinances governing the conduct
of all persons and activities within the boundaries of the Umatilla
Indian Reservation, providing for the procedure of the Board of
Trustees, and carrying out any powers herein conferred upon the Board
of Trustees''.
F. The enactment of this Liquor Code to govern liquor sales and service
on the Umatilla Indian Reservation, and the limitation of such liquor
sales and service at the Wildhorse Resort & Casino and Coyote Business
Park, will increase the ability of the Confederated Tribes to control
Reservation liquor distribution and possession, and at the same time
will provide an important source of revenue for the continued operation
of Tribal government and the delivery of governmental services, as well
as provide an amenity to customers at the Wildhorse Resort & Casino.
G. The Confederated Tribes have entered into a Memorandum of
Understanding (MOU) with the Oregon Liquor Control Commission to deal
with governmental issues associated with the licensing and regulation
of liquor sales on the Umatilla Indian Reservation.
SECTION 1.03. DEFINITIONS
A. Unless otherwise required by the context, the following words
and phrases shall have the designated meanings.
1. ``Alcohol''. That substance known as ethyl alcohol, hydrated
oxide or ethyl, spirits or wine as defined herein, which is commonly
produced by the fermentation or distillation of grain, starch,
molasses, or sugar, or other substances including all dilutions and
mixtures of those substances.
2. ``Coyote Business Park''. Shall include Coyote Business Park
North, South and East, but shall not include the Arrowhead Travel
Plaza.
3. ``Wildhorse Chief Executive Officer''. That person appointed by
the Confederated Tribes to manage the Wildhorse Resort & Casino.
4. ``Liquor'' or ``Liquor Products''. Includes the four varieties
of liquor herein defined (alcohol, spirits, wine, and beer) and all
fermented, spirituous, vinous, or malt liquor, or a combination
thereof, and mixed liquor, a part of which is fermented, spirituous,
vinous, or malt liquor or otherwise intoxicating in every liquid or
solid or semi-solid or other substance patented or not containing
alcohol, spirits, wine, or beer, and all drinks of potable liquids and
all preparations or mixtures capable of human consumption, and any
liquid, semi-solid, solid, or other substance, which contains more than
one percent (1%) of alcohol by weight shall be conclusively deemed to
be intoxicating.
5. ``Wildhorse Resort & Casino''. Shall be the casino, hotels, golf
course, and RV park located on the 640 acre Wildhorse site located on
the Umatilla Indian Reservation which is more specifically described in
Exhibit 1 to the Tribal-State Compact between the Confederated Tribes
and the State of Oregon.
6. ``Sale'' and ``Sell''. Includes exchange, barter, and traffic;
and also the supplying or distribution by any means whatsoever, of
liquor or any liquid known or described as beer or by any name whatever
commonly used to describe malt or brewed liquor or wine, by any person
to any other person; and also includes the supply and distribution to
any other person.
7. ``Spirits''. Any beverage which contains alcohol obtained by
distillation, including wines exceeding seventeen percent (17%) of
alcohol by weight.
8. ``Wine''. Any alcoholic beverage obtained by fermentation of
fruits, grapes, berries, or any other agricultural product containing
sugar, to which any saccharin substances may have been added before,
during or after fermentation, and containing not more than seventeen
percent (17%) of alcohol by weight, including sweet wines fortified
with wine spirits, such as port, sherry, muscatel, and anglican, not
exceeding seventeen percent (17%) of alcohol by weight.
SECTION 1.04. JURISDICTION
To the extent permitted by applicable law, the Confederated Tribes
asserts jurisdiction to determine whether liquor sales and service are
permitted within the boundaries of the Umatilla Indian Reservation. As
provided in section 1.06 of this Code, liquor sales and service is only
permitted at the Wildhorse Resort & Casino facilities and in the Coyote
Business Park under this Code. Nothing in this Code is intended nor
shall be construed to limit the jurisdiction of the Confederated Tribes
to all lands within the boundaries of the Umatilla Indian Reservation.
SECTION 1.05. RELATION TO OTHER LAWS
All prior codes, ordinances, resolutions and motions of the
Confederated Tribes regulating, authorizing, prohibiting, or in any way
dealing with the sale or service of liquor are hereby repealed and are
of no further force or effect to the extent they are inconsistent or
conflict with the provisions of this Code. Specifically, amendments to
the Criminal Code to make it consistent with this Liquor Code have been
approved by Resolution 05-095 (October 3, 2005). No Tribal business
licensing law or other Tribal law shall be applied in a manner
inconsistent with the provisions of this Code.
SECTION 1.06. AUTHORIZED SALE AND SERVICE OF LIQUOR
A. Liquor may be offered for sale and may be served on the Umatilla
Indian Reservation only at the following locations:
1. Wildhorse Casino. In the Wildhorse Casino, liquor may be sold or
served only in the following areas: lounge(s), restaurant(s), bingo/
multipurpose hall when used for entertainment, food service, or
convention/meeting purposes, conference/meeting room facility,
entertainment facilities constructed within or adjacent to the Casino
building and on casino premises in connection with special events
(i.e., concert, rodeo event, car shows, etc.). All such sales and
service of liquor shall be consistent with the Tribal-State Compact.
2. Wildhorse Golf Course. In the Wildhorse Golf Course, liquor may
be sold or served only in the following areas: clubhouse and on the
golf course.
3. Wildhorse Hotels. In the Wildhorse Hotels, liquor may be sold or
served
[[Page 10553]]
only in the following areas: hotel meeting rooms and in hotel rooms by
guest use of room service, etc.).
4. Wildhorse RV Park. In the Wildhorse RV Park, liquor may be sold
or served only in the following areas: in common areas at special
events and in individual RVs.
5. Coyote Business Park. In the Coyote Business Park, liquor may be
sold or served by any Coyote Business Park lessee if liquor sales and
service is permitted in the lease between the lessee and the
Confederated Tribes.
SECTION 1.07. PROHIBITIONS
A. General Prohibitions. The commercial introduction of liquor for
sales and service, other than as permitted by this Code, is prohibited
within the Umatilla Indian Reservation, and is hereby declared an
offense under Tribal law. Federal liquor laws applicable to Indian
Country shall remain applicable to any person, act, or transaction
which is not authorized by this Code and violators of this Code shall
be subject to federal prosecution as well as to legal action in
accordance with the law of the Confederated Tribes.
B. Age Restrictions. No person shall be authorized to serve liquor
unless they are at least 21 years of age. No person may be served
liquor unless they are 21 years of age.
C. Off Premises Consumption of Liquor.
1. All liquor sales and service authorized by this Code at the
Wildhorse Resort & Casino shall be fully consumed within the areas of
the Wildhorse Resort & Casino as set forth in section 1.06 of this
Code. At the Wildhorse Resort & Casino, no open containers of liquor,
or unopened containers of liquor in bottles, cans, or otherwise may be
permitted outside of the above-described premises.
2. Liquor sales and service at Coyote Business Park shall be
conducted in strict compliance with the lease between the Coyote
Business Park lessee and the Confederated Tribes.
D. No Credit Liquor Sales. The sales and service of liquor authorized
by this Code shall be upon a cash basis only. For purposes of this
Code, payment for liquor on a cash basis shall include payment by cash,
credit card, or check.
SECTION 1.08. CONFORMITY WITH STATE LAW
A. Authorized liquor sales and service on the Umatilla Indian
Reservation shall comply with Oregon State liquor law standards to the
extent required by 18 U.S.C. Sec. 1161.
B. Wildhorse Resort & Casino. The Wildhorse Chief Executive Officer
shall be responsible for ensuring that all OLCC license requirements
are satisfied, that the license(s) is renewed on an annual basis, and
that all reasonable and necessary actions are taken to sell and serve
liquor to Wildhorse patrons in a manner consistent with this Code,
applicable State law, and the Tribal-State Compact. The Wildhorse Chief
Executive Officer shall also be authorized to purchase liquor from the
State or other source for sale and service within the Wildhorse Resort
& Casino. The Wildhorse Chief Executive Officer is further authorized
to treat as a casino expense any license fees associated with the OLCC
liquor license.
C. Coyote Business Park. The Coyote Business Park lessee authorized to
sell or serve liquor as provided in section 1.06(A)(5) of this Code,
shall be responsible for insuring that all OLCC license requirements
are satisfied, that the license(s) is renewed on an annual basis, and
that all reasonable and necessary actions are taken to sell and serve
liquor in a manner consistent with this Code and applicable Tribal and
State law.
SECTION 1.09. PENALTY
Any person or entity possessing, selling, serving, bartering, or
manufacturing liquor products in violation of any part of this Code
shall be subject to a civil fine of not more than $500 for each
violation involving possession, but up to $5,000 for each violation
involving selling, bartering, or manufacturing liquor products in
violation of this Code, and violators may be subject to exclusion from
the Umatilla Indian Reservation. In addition, persons or entities
subject to the criminal jurisdiction of the Confederated Tribes who
violate this Code shall be subject to criminal punishment as provided
in the Criminal Code. All contraband liquor shall be confiscated by the
Umatilla Tribal Police Department (UTPD). The Umatilla Tribal Court
shall have exclusive jurisdiction to enforce this Code and the civil
fines, criminal punishment and exclusion authorized by this section.
SECTION 1.10. SOVEREIGN IMMUNITY PRESERVED
Nothing in this Code is intended or shall be construed as a waiver
of the sovereign immunity of the Confederated Tribes. No manager or
employee of the Confederated Tribes or the Wildhorse Resort & Casino
shall be authorized, nor shall they attempt, to waive the sovereign
immunity of the Confederated Tribes pursuant to this Code.
SECTION 1.11. SEVERABILITY
If any provision or provisions in this Code are held invalid by a
court of competent jurisdiction, this Code shall continue in effect as
if the invalid provision(s) were not a part hereof.
SECTION 1.12. EFFECTIVE DATE
This Code shall be effective following approval by the Board of
Trustees and approval by the Secretary of the Interior or his/her
designee and publication in the Federal Register as provided by federal
law.
[FR Doc. 2012-4131 Filed 2-21-12; 8:45 am]
BILLING CODE 4310-4J-P