[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Notices]
[Pages 70461-70462]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28538]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Jackson Rancheria--Tribal Council Ordinance No. 2012-01--Sale,
Consumption & Possession of Alcoholic Beverages at the Jackson
Rancheria
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes Jackson Rancheria's Tribal Council
Ordinance No. 2012-01--Sale, Consumption & Possession of Alcoholic
Beverages at the Jackson Rancheria. The Ordinance regulates and
controls the sale, consumption and possession of liquor within the
Jackson Rancheria's Indian country. This Ordinance will increase the
ability of the tribal government to control the distribution and
possession of liquor within its Indian country and at the same time
will provide an important source of revenue and strengthening of the
tribal government and the delivery of tribal services.
DATES: Effective Date: This Act is effective as of November 26, 2012.
FOR FURTHER INFORMATION CONTACT: Sophia Torres, Tribal Government
Specialist, Pacific Regional Office, Bureau of Indian Affairs, 2800
Cottage Way--Room W-2820, Sacramento, CA 95825; Telephone (916) 978-
6073; Fax (916) 978-6099; or De Springer, Office of Indian Services,
1849 C Street NW., MS/4513/MIB, Washington, DC 20240; Telephone (202)
513-7626; Fax (202) 208-5113.
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 Jackson Rancheria Tribal Council
adopted Ordinance No. 2012-01, by Tribal Council Resolution No. 2012-
02, on January 15, 2012.
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 duly adopted Jackson
Rancheria's Tribal Council Ordinance No. 2012-01--Sale, Consumption &
Possession of Alcoholic Beverages at the Jackson Rancheria on January
15, 2012.
Dated: November 13, 2012.
Kevin K. Washburn,
Acting Assistant Secretary--Indian Affairs.
The Jackson Rancheria's Tribal Council Ordinance No. 2012-01--Sale,
Consumption & Possession of Alcoholic Beverages reads as follows:
Sale, Consumption & Possession of Alcoholic Beverages at the Jackson
Rancheria
The Tribal Council of the Jackson Band of Miwuk Indians of the
Jackson Rancheria, the governing body of the Jackson Band of Miwuk
Indians of the Jackson Rancheria, hereby enacts this Ordinance to
govern the sale, consumption, and possession of alcoholic beverages on
Rancheria lands.
Preamble
1. Title 18, United States Code, Section 1161, provides Indian
tribes with authority to enact ordinances governing the consumption,
possession, and sale of alcoholic beverages on their Reservations,
provided such ordinance is certified by the Secretary of the Interior,
published in the Federal Register and such activities are in conformity
with state law.
2. The Jackson Band of Miwuk Indians of the Jackson Rancheria is a
federally recognized Indian tribe (hereinafter referred to as the
``Tribe'') exercising sovereign authority over the lands of the Jackson
Rancheria located within Amador County, California, and held in trust
by the United States on behalf of the Tribe (hereinafter referred to as
``Rancheria'') on which tribal members reside in private homes and the
Tribe conducts various tribal businesses.
3. Pursuant to Article III Section 1 and Article VI of the Tribe's
Constitution, the Tribal Council is the governing body of the Tribe
with the power to enact ordinances to promote the general welfare and
economic advancement of the Tribe and its members.
4. The Tribe is the owner and operator of the Jackson Rancheria
Casino & Hotel which includes an outdoor entertainment area, an RV park
with a recreation center, and a General Store (collectively referred to
herein as ``Tribal Business Enterprises''), which are all located on
the Rancheria.
5. The Tribal Business Enterprises are an integral and
indispensable part of the Tribe's economy, providing income to the
Tribe and training and employment to its members.
6. The Tribal Council has determined that it is in the Tribe's best
interest to offer for sale alcoholic beverages under limited conditions
established by the
[[Page 70462]]
Tribal Council and to update, consolidate, and replace two previous
Tribal Council Ordinances governing the limited sale and consumption of
alcoholic beverages.
7. It is the purpose of this ordinance to set out the terms and
conditions under which the sale, consumption, and possession of
alcoholic beverages may take place as provided for herein.
General Terms
1. The sale of alcohol at the Jackson Rancheria Casino & Hotel
(including its outdoor entertainment area) for on-premises consumption
only is hereby authorized. For purposes of this paragraph 1, ``on-
premises'' is defined as the Jackson Rancheria Casino & Hotel and its
outdoor entertainment area.
2. The sale of alcohol at the Tribe's RV Park for on-premises
consumption only is hereby authorized. For purposes of this paragraph
2, ``on-premises'' is defined as the Tribe's RV Park which includes a
recreation center.
3. The Jackson Rancheria General Store is hereby authorized for the
off-sale of alcohol only. For purposes of this paragraph 3, ``off-sale
of alcohol'' is defined as sale of alcohol for consumption off the
premises of the General Store and within the following areas: (a)
outside the boundaries of the Jackson Rancheria lands; and (b) within
the Jackson Rancheria in areas with overnight accommodations,
specifically the RV Park, the individual hotel rooms of the Jackson
Rancheria Casino & Hotel, and private homes located on the Rancheria.
4. The sale of said alcoholic beverages authorized by this
ordinance shall be limited to the time, place and manner restrictions
enacted by the Tribal Council. No alcohol may be sold at any location
on the Rancheria pursuant to this ordinance other than at the Tribal
Business Enterprises.
5. The sale of said alcoholic beverages authorized by this
ordinance shall be in conformity with all applicable laws of the State
of California, and the sale of said beverages shall be subject to state
sales tax, federal excise tax and any fees required by the Federal
Bureau of Alcohol, Tobacco & Firearms. This includes but is not limited
to the following examples:
a. No person under the age of 21 years shall consume, acquire or
have in his or her possession at the Tribal Business Enterprises any
alcoholic beverage.
b. No person shall sell alcohol to any person under the age of 21
at the Tribal Business Enterprises.
c. No person shall sell alcohol to a person apparently under the
influence of liquor.
6. All liquor sales at the Tribal Business Enterprises shall be on
a cash only basis and no credit shall be extended to any person,
organization or entity, except that this provision does not prevent the
use of credit cards or debit credit cards issued by any financial
institution.
7. In addition to the foregoing paragraphs pertaining to the sale
and consumption of alcohol, the consumption and possession of alcoholic
beverages where no sale is involved is hereby authorized only in areas
within the Rancheria with overnight accommodations, specifically the RV
Park, the individual hotel rooms of the Jackson Rancheria Casino &
Hotel, and private homes located on the Rancheria, including possession
while specifically en route to these areas. All such consumption and
possession shall comply with all applicable tribal, federal and state
laws and regulations. For purposes of this paragraph 7, ``where no sale
is involved'' is defined as consumption or possession of alcohol where
no money is requested or paid.
8. This ordinance updates, consolidates, and replaces Tribal
Council Ordinance No. 99-04 enacted in 1999 to govern the limited sale
of alcoholic beverages at the Tribe's Conference Center and Tribal
Council Ordinance No. 2008-01 enacted in 2008 to govern the limited
sale of alcoholic beverages at the Tribe's General Store. Therefore,
said Ordinance No. 99-04 and Ordinance No. 2008-01 shall be repealed as
of the Effective Date of this ordinance, as defined below.
Posting
This ordinance shall be conspicuously posted at each Tribal
Business Enterprise on the Jackson Rancheria where alcohol is sold
pursuant to this ordinance at all times it is open to the public.
Enforcement
1. This ordinance may be enforced by the Tribal Council by
implementation of monetary fines not to exceed $500 and/or withdrawal
of authorization to sell alcohol. Prior to any enforcement action, the
Tribal Council shall provide the alleged offender of this ordinance
with at least three (3) days notice of an opportunity to be heard
during a specially-called Tribal Council meeting. The decision of the
Tribal Council shall be final.
2. This ordinance also may be enforced by the Amador County
Sheriff's Office at the request of the Tribal Council.
3. In the exercise of its powers and duties under this ordinance,
the Tribal Council and its individual members shall not accept any
gratuity or compensation from any liquor wholesaler, retailer, or
distributor for the Jackson Rancheria, including all of its Tribal
Business Enterprises.
Severability, Amendment, and Sovereign Immunity
1. If any provision or application of this ordinance is determined
by review to be invalid, such adjudication shall not be held to render
ineffectual the remaining portions of this title or to render such
provisions inapplicable to other persons or circumstances.
2. This ordinance may only be amended by a majority vote of the
Tribal Council.
3. Nothing in this ordinance in any way limits, alters, restricts
or waives the Tribe's sovereign immunity from unconsented suit or
action.
Effective Date
This ordinance shall become effective following its certification
by the Secretary of the Interior and its publication in the Federal
Register.
[FR Doc. 2012-28538 Filed 11-23-12; 8:45 am]
BILLING CODE 4310-4J-P