[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 74025-74027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-30003]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Federated Indians of Graton Rancheria--Liquor Control Statute
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Federated Indians of Graton
Rancheria--Liquor Control Statute (Ordinance). The Ordinance regulates
and controls the sale, consumption and possession of liquor within the
Graton 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 December 12, 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 Federated Indians of Graton
Rancheria Tribal Council adopted the Liquor Control Statute, by Tribal
Council Resolution No. 12-07, on April 13, 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 the Liquor
Control Statute on April 13, 2012.
Dated: November 27, 2012.
Kevin Washburn,
Assistant Secretary, Indian Affairs.
The Federated Indians of Graton Rancheria Liquor Control Statute
reads as follows:
Chapter One--Introduction
Section:
1.1 Authority. This Statute is enacted pursuant to the Act of
August 15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161) and by
powers vested in the Tribal Council of the Federated Indians of Graton
Rancheria (``Tribal Council'') to enact laws, policies, and regulations
as authorized under Article VI, Section 1 of the Constitution of the
Federated Indians of Graton Rancheria (the ``Constitution''), adopted
December 2002.
1.2 Purpose. The purpose of this Statute is to regulate and control
the possession, sale, manufacture and distribution of liquor within
Lands Under the Jurisdiction of the Federated Indians of Graton
Rancheria (``Tribe''), including the Reservation of the Federated
Indians of Graton Rancheria (``Reservation''), in order to permit
alcohol sales by tribally owned and operated enterprises and private
lessees, and at tribally approved special events. Enactment of a liquor
control statute will help provide a source of revenue for the continued
operation of the tribal government, the delivery of governmental
services, and the economic viability of tribal enterprises.
1.3 Short Title. This Statute shall be known and cited as the
``Liquor Control Statute.''
1.4 Jurisdiction. This Statute shall apply to all lands now or in
the future under the governmental authority of the Tribe, including,
but not limited to, the Reservation and any lands that may be taken
into trust for the Tribe.
1.5 Application of 18 U.S.C. 1161. By adopting this Statute, the
Tribe hereby regulates the sale, distribution, 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 Tribal Council
enacts this Statute, based upon the following findings:
(a) The distribution, possession, consumption and sale of liquor on
the Tribe's Reservation is a matter of special concern to the Tribe.
(b) The Tribe is the beneficial owner of the Reservation, upon
which the Tribe plans to construct and operate a gaming facility and
related entertainment and lodging facilities.
(c) The Tribe's gaming facility will serve as an integral and
indispensible part of the Tribe's economy, providing revenue to the
Tribe's government and employment to 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 law 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 potential problems associated with the unregulated or inadequate
regulated sale, possession, distribution, and consumption of liquor.
(f) Regulating the possession, sale, distribution and manufacture
of liquor within Lands under the Tribe's Jurisdiction is also
consistent with the Tribe's interest 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, 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 operating pursuant
to a lease with the Tribe, and (iii) tribally-sanctioned events.
(i) The sale or other commercial manufacture or distribution of
liquor on Lands under the Tribe's Jurisdiction, other than sales,
manufacture, and distributions made in strict compliance with this
Statute, is detrimental to the health, safety, and general welfare of
the citizens of the Tribe, and is prohibited.
Chapter Two--Definitions
Section:
[[Page 74026]]
2.1 Definitions. As used in this Statute, the terms below are
defined as follows:
(a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit
of wine, in any form, and regardless of source or the process 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 one percent 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 tribal-state Compact 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) License means, unless otherwise stated, a license issued by the
Tribe in accordance with this Statute.
(e) Liquor means any alcoholic beverage, as defined under this
Section.
(f) Person means any individual or entity, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm,
corporation, partnership, joint corporation, association, society, or
any group of individuals acting as a unit, whether mutual, cooperative,
fraternal, non-profit or otherwise, and any other Indian tribe, band or
group. The term shall also include the businesses of the Tribe.
(g) Sale and sell means the transfer for consideration of any kind,
including by exchange or barter.
(h) State means the State of California.
(i) Lands under the Tribe's Jurisdiction means and includes all
lands now or in the future under the governmental authority of the
Tribe, including, but not limited to, the Reservation and any lands
that may be taken into trust for the Tribe.
(j) Reservation means all lands held in trust by the United States
for the benefit of the Tribe pursuant to the Graton Rancheria
Restoration Act (Pub. L. 106-568, 25 U.S.C. 1300n).
Chapter Three--Liquor Sales, Possession, & Manufacture
Section:
3.1 Possession of Alcohol. The introduction and possession of
alcoholic beverages shall be lawful within Lands under the Tribe's
Jurisdiction; provided that such introduction or possession is in
conformity with the laws of the State.
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 and wine 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
alcohol 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 any conflict between State law and the terms of
the Compact regarding the age limits for alcohol possession or
consumption, the age limits in the Compact shall govern for purposes of
this Statute.
Chapter Four--Licensing
Section:
4.1 Licensing. The Tribal Council shall have the power to establish
procedures and standards for tribal licensing of liquor sales 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 issue 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 Tribal Council may in its
discretion set standards which are more, but in no case less, stringent
than those of the State.
Chapter Five--Enforcement
Section:
5.1 Enforcement. The Tribal Council shall have the power to
develop, enact, promulgate and enforce regulations as necessary for the
enforcement of this Statute 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 Statute may include provisions for suspension
or revocation of tribal liquor licenses, reasonable search and seizure
provisions, and civil and criminal penalties for violations of this
Statute 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 Tribal Council shall have the authority to enforce
this Statute by confiscating any liquor sold, possessed, distributed,
manufactured or introduced within Lands under the Jurisdiction of the
Tribe in violation of this Statute or of any regulations duly adopted
pursuant to this Statute.
(b) The Tribal Council shall have the exclusive jurisdiction to
hold hearings on violations of this Statute and any procedures or
regulations adopted pursuant to this Statute; to promulgate appropriate
procedures governing such hearings; to determine and enforce penalties
or damages for violations of this Statute; and to delegate to a
subordinate hearing officer or panel the authority to take any or all
of the foregoing actions on its behalf.
Chapter Six--Taxes
Section:
6.1 Taxation. Nothing contained in this Statute is intended to, nor
does in any way, limit or restrict the Tribe's ability to impose any
tax upon the sale or consumption of alcohol. The Tribe retains the
right to impose such taxes by appropriate statute to the full extent
permitted by federal law.
Chapter Seven--Miscellaneous Provisions
Section:
7.1 Sovereign Immunity Preserved. Nothing contained in this Statute
is intended to, nor does in any way, limit, alter, restrict, or waive
the sovereign immunity of the Tribe or any of its agencies, agents or
officials from unconsented suit or action of any kind.
7.2 Conformance with Applicable Laws. All acts and transactions
under this Statute shall be in conformity with the Compact and laws of
the State to the extent required by 18 U.S.C. 1161 and with all Federal
laws regarding alcohol in Indian Country.
7.3 Effective Date. This Statute shall be effective as of the date
on which the Secretary of Interior certifies this Statute and publishes
the same in the Federal Register.
7.4 Repeal of Prior Acts. All prior enactments of the Tribal
Council, including tribal resolutions, policies, regulations, or
statutes pertaining to the subject matter set forth in this Statute are
hereby rescinded.
7.5 Amendments. This Statute may only be amended pursuant to an
amendment duly enacted by the Tribal Council and certification by the
Secretary of the Interior and publication in the Federal Register, if
required.
[[Page 74027]]
7.6 Severability and Savings Clause. If any part or provision of
this Statute is held invalid, void, or unenforceable by a court of
competent jurisdiction, such adjudication shall not be held to render
such provisions inapplicable to other persons or circumstances.
Further, the remainder of the Statute shall not be affected and shall
continue to remain in full force and effect.
[FR Doc. 2012-30003 Filed 12-11-12; 8:45 am]
BILLING CODE 4310-4J-P