[Federal Register Volume 62, Number 164 (Monday, August 25, 1997)]
[Notices]
[Pages 44988-44991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22534]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Liquor Ordinance of the Susanville Indian Rancheria

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that Resolution No. 
SU-BC-19-97, approving Ordinance No. 97-3, the Liquor Ordinance of the 
Susanville Indian Rancheria, was duly adopted and certified by the 
General Council of the Susanville Indian Rancheria on May 5, 1997. The 
Ordinance provides for the regulation of the sale, possession and 
consumption of liquor in the area of the Susanville Indian Rancheria, 
under the jurisdiction of the Susanville Indian Rancheria, and is in 
conformity with the laws of the State of California.

DATES: This Ordinance is effective August 25, 1997.

FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal 
Government Services, 1849 C Street NW, MS 4603-MIB, Washington, DC 
20240-4001; telephone (202) 208-3463.

SUPPLEMENTARY INFORMATION: The Liquor Ordinance of the Susanville 
Indian Rancheria is to read as follows:

Liquor Ordinance of the Susanville Indian Rancheria

Introduction

    101. Title. This Ordinance shall be known as the ``Liquor Ordinance 
of the Susanville Indian Rancheria.''
    102. Authority. This Liquor Ordinance is enacted pursuant to the 
Act of August 15, 1953 (Pub. L. 83-277, and 67 Stat. 586, 18 U.S.C. 
1161) and the Constitution of the Susanville Indian Rancheria adopted 
on October 10, 1996, and applicable laws.
    103. Purpose. The purpose of this Liquor Ordinance is to regulate 
and to control the possession and sale of liquor to and on the 
Susanville Indian Rancheria. The enactment of a tribal ordinance 
governing liquor possession and sale on the Reservation will increase 
the ability of the tribal government to control Reservation liquor 
distribution and possession, and at the same time will provide an 
important source of revenue for the continued operation and 
strengthening of the tribal government and the delivery of tribal 
government services.
    104. Tribal Jurisdiction. This ordinance applies to all lands in 
which the Susanville Indian Rancheria holds an ownership interest and 
which are defined as Indian country under 18 U.S.C. 1151. At the time 
of enacting this ordinance, the Rancheria does not have an ownership 
interest in any lands defined by 18 U.S.C. 1154(c) as fee-patented land 
in a non-Indian community or rights-of-ways which run through the 
Rancheria's lands. This ordinance is in conformity with California 
State alcohol laws as required by 18 U.S.C. 1161.

Definitions

    201. As used in this Liquor Ordinance, the following words shall 
have the following meanings unless the context clearly requires 
otherwise.
    202. Alcohol means that substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine which is commonly produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions of this substance.
    203. Alcoholic Beverage is synonymous with the term ``Liquor'' as 
defined in section 208 of this chapter.
    204. Bar means any establishment with special space and 
accommodations for sale by the glass and for consumption on the 
premises of any liquor or alcoholic beverage, as herein defined.
    205. Beer means any beverage obtained by the alcoholic fermentation 
of an infusion or concoction of pure hops, or pure extract of hops and 
pure barley malt, or other wholesome grain of cereal in pure water 
containing not more than four percent of alcohol by volume. For the 
purpose of this title, any such beverage, including ale, stout, and 
porter, containing more than four percent of alcohol by weight shall be 
referred to as ``Strong Beer.''
    206. The Tribal Business Council as used herein means the body 
authorized by the Susanville Indian Rancheria constitution to 
promulgate all tribal ordinances and regulations.
    207. General Council means the general council of the Susanville 
Indian Rancheria which is composed of the voting membership of the 
Tribe as a whole.
    208. Liquor includes the four varieties of liquor herein defined 
(Alcohol, Spirits, Wine, and Beer), and all fermented spirituous, 
vinous, or malt liquor or combination thereof, and mixed liquor, or 
otherwise intoxicating; and every liquid or solid or semisolid or other 
substance, patented or not, containing alcohol, spirits, wine or beer, 
and all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substance, which contain more than one percent of alcohol by weight 
shall be conclusively deemed to be intoxicating.
    209. Liquor Store means any store at which liquor is sold and, for 
the purposes of this Liquor Ordinance, includes stores only a portion 
of which are devoted to sale of liquor or beer.
    210. Malt Liquor means Beer, Strong Beer, ale, stout, and porter.
    211. Package means any container or receptacle used for holding 
liquor.
    212. Public Place includes state or county or Tribal or federal 
highways or roads; buildings and grounds used for school purposes; 
public dance halls and grounds adjacent thereto; soft drink 
establishment; public buildings; public meeting halls; lobbies, halls 
and dining rooms of hotels, restaurants, theater, gaming facilities, 
entertainment centers, store garages, and filling stations which are 
open to and/or are generally used by the public and to which the public 
is permitted to have unrestricted access; public conveyances of all 
kinds of character; and all other places of like or similar nature to 
which the general public has unrestricted right of access, and which 
are generally used by the public. For the purpose of this Liquor 
Ordinance, ``Public Place'' shall also include any establishment other 
than a single family home which is designed for or may be used by more 
than just the owner of the establishment.
    213. Reservation means land held in trust by the United States 
Government for the benefit of the Susanville Indian Rancheria (see also 
Tribal Land).
    214. Sale and Sell include exchange, barter, and traffic and also 
include the selling or supplying or distributing by any means 
whatsoever, of liquor, or of any liquid known or described as beer or 
by any name whatsoever commonly used to describe malt or brewed liquor 
or wine by any person to any person.
    215. Spirits means any beverage which contains alcohol obtained by 
distillation including wines exceeding seventeen percent of alcohol by 
weight.
    216. Tribe means the Susanville Indian Rancheria.
    217. Tribal Land means any land within the exterior boundaries of 
the Reservation which is held in trust by the United States for the 
Tribe as a whole including any such land leased to other parties.
    218. Trust Account means the account designated by the Tribal 
Business Council for deposit of proceeds from

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any tax or fee levied by the Tribal Business Council and relating to 
the sale of alcoholic beverages.
    219. Trust Agent means the Tribal Chairperson or his or her 
designee.
    220. Wine means any alcoholic beverage obtained by fermentation of 
fruits (grapes, berries, apples, etc.) or other agricultural product 
containing sugar, to which any saccharine substances may have been 
added before, during or after fermentation, and containing not more 
than seventeen percent of alcohol by weight, including sweet wines 
fortified with wine spirits such as port, sherry, muscatel and 
angelica, not exceeding seventeen percent of alcohol by weight.

Powers of Enforcement

    301. Powers. The Tribal Business Council, in furtherance of this 
Liquor Ordinance, shall have the following powers and duties:
    a. To publish and enforce the rules and regulations governing the 
sale, manufacture, and distribution of Alcoholic Beverages on the 
Reservation;
    b. To employ managers, accountants, security personnel, inspectors, 
and such other persons as shall be reasonably necessary to allow the 
Tribal Business Council to perform its functions; all such employees 
shall be Tribal employees;
    c. To issue licenses permitting the sale or manufacture or 
distribution of liquor on the Reservation;
    d. To hold hearings on violations of this Liquor Ordinance or for 
the issuance or revocation of licenses hereunder pursuant to sections 
501 through 506 ;
    e. To bring suit in the appropriate court to enforce this Liquor 
Ordinance as necessary;
    f. To determine and seek damages for violation of this Liquor 
Ordinance;
    g. To make such reports as may be required by the General Council;
    h. To collect taxes and fees levied or set by the Tribal Business 
Council, and to keep accurate records, books and accounts; and
    i. To exercise such other powers as are delegated by the General 
Council.
    302. Limitation on Powers. In the exercise of its powers and duties 
under this Liquor Ordinance, the Tribal Business Council and its 
individual members shall not accept any gratuity, compensation or other 
thing of value from any liquor wholesaler, retailer, or distributor or 
from any licensee.
    303. Inspection Rights. The premises on which Liquor is sold or 
distributed shall be open for inspection by the Tribal Business Council 
or its designee at all reasonable times, which includes the hours the 
business is open to the public, for the purposes of ascertaining 
whether the rules and regulations of this Liquor Ordinance are being 
followed.

Sales of Liquor

    401. Tribal Liquor License Required; Tribally Owned Businesses. No 
sales of Alcoholic Beverages shall be made within the exterior 
boundaries of the Reservation, except at a tribally-licensed or 
tribally-owned business operated on tribal land within the exterior 
boundaries of the Reservation. Nothing in this section shall prohibit a 
tribal licensee or the Tribe from purchasing liquor from an off-
reservation source for resale on the Reservation or the delivery to the 
Tribe for a tribal licensee of liquor purchased from off-reservation 
sources for resale on the Reservation.
    402. Sale only on Tribal Land. All Liquor sales within the exterior 
boundaries of the Reservation shall be on Tribal Land, including leases 
thereon.
    403. Sales for Cash. All Liquor sales within the Reservation 
boundaries 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 ATM cards, debit cards, or major 
credit cards such as MasterCard, Visa, American Express, etc.
    404. Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any Alcoholic 
Beverage purchased within the exterior boundaries of the Reservation is 
prohibited. Any person who is not licensed pursuant to this Liquor 
Ordinance who purchases an Alcoholic Beverage within the boundaries of 
the Reservation and sells it, whether in the original container or not, 
shall be guilty of a violation of this Liquor Ordinance and shall be 
subject to paying damages to the Tribe as set forth herein.

Licensing

    501. Applicable for Tribal Liquor License Requirements. No Tribal 
license shall be issued under this Liquor Ordinance except upon a sworn 
application filed with the Tribal Business Council containing a full 
and complete showing of the following:
    a. Satisfactory proof that the applicant is or will be duly 
licensed by the State of California to sell Alcoholic Beverages;
    b. Satisfactory proof that the applicant is of good character and 
reputation among the people of the Reservation and that the applicant 
is financially responsible;
    c. The description of the premises in which the Alcoholic Beverages 
are to be sold and proof that the applicant is the owner of such 
premises or the lessee of such premises for at least the term of the 
license;
    d. Agreement by the applicant to accept and abide by all conditions 
of the Tribal license.
    e. Payment of a fee established from time to time by the Tribal 
Business Council. Said fee is established initially at $250.00 but can 
be changed by Tribal Business Council resolution at any time;
    f. Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any principal owner, officer, shareholder, or 
director of the applicant, if an entity, has ever been convicted of a 
felony or a crime of moral turpitude as defined by the laws of the 
State of California;
    g. Satisfactory proof that notice of the application has been 
posted in a prominent, noticeable place on the premises where Alcoholic 
Beverages are to be sold for at least 30 days prior to consideration by 
the Tribal Business Council and has been published at least twice in 
such local newspaper serving the community that may be affected by the 
license as the Tribal Business Council may authorize. The notice shall 
state the date, time, and place when the application shall be 
considered by the Tribal Business Council pursuant to section 502 of 
this ordinance.
    502. Hearing on Application for Tribal Liquor License. All 
applications for a Tribal liquor license shall be considered by the 
Tribal Business Council in open session at which the applicant, his, 
her or its attorney, and any person protesting the application shall 
have the right to be present, and to offer sworn oral or documentary 
evidence relevant to the application. After the hearing, the Tribal 
Business Council, by secret ballot, shall determine whether to grant or 
deny the application based on: (1) Whether the requirements of section 
501 have been met; and (2) whether the Tribal Business Council, in its 
discretion, determines that granting the license is in the best 
interest of the Tribe. In the event that the applicant is a member of 
the Tribal Business Council, or the applicant is a member of the 
immediate family of a Tribal Business Council member, such Tribal 
Business Council member shall not vote on the application or 
participate in the hearings as a Tribal Business Council member.
    503. Temporary Permits. The Tribal Business Council or its designee 
may grant a temporary permit for the sale of Liquor for a period not to 
exceed three (3) days to any person applying to the same in connection 
with a Tribal or community activity, provided that the

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conditions prescribed in section 504 of this Liquor Ordinance shall be 
observed by the permittee. Each permit issued shall specify the types 
of Alcoholic Beverages to be sold. Further, a fee of $50.00 will be 
assessed on temporary permits.
    504. Conditions of a Tribal Liquor License. Any Tribal liquor 
license issued under this Liquor Ordinance shall be subject to such 
reasonable conditions as the Tribal Business Council shall fix 
including but not limited to the following:
    a. The license shall be for a term not to exceed one (1) year.
    b. The licensee shall at all times maintain an orderly, clean, and 
neat establishment, both inside and outside the licensed premises.
    c. The licensed premises shall be subject to patrol by Tribal law 
enforcement personnel and such other law enforcement officials as may 
be authorized under federal, California, or Tribal law.
    d. The licensed premises shall be open to inspection by duly 
authorized Tribal officials at all times during the regular business 
hours.
    e. Subject to the provisions of subsection ``g'' of this section, 
no Liquor or Alcoholic Beverages shall be sold, served, disposed of, 
delivered, or given to any person, or consumed on the licensed premises 
except in conformity with the hours and days prescribed by the laws of 
the State of California, and in accordance with the hours fixed by the 
Tribal Business Council, provided that the licensed premises shall not 
operate or open earlier, or operate or close later, than is permitted 
by the laws of the State of California.
    f. No liquor shall be sold within 200 feet of a polling place on 
Tribal election days, or when a referendum is held of the people of the 
Tribe, and including special days of observation as designated by the 
Tribal Business Council.
    g. All acts and transactions under authority of the Tribal liquor 
license shall be in conformity with the laws of the State of 
California, with this Liquor Ordinance, and with any Tribal liquor 
license issued pursuant to this Liquor Ordinance.
    h. No person under the age permitted under the laws of the State of 
California shall be sold, served, delivered, given, or allowed to 
consume Alcoholic Beverages in the licensed establishment or area.
    i. There shall be no discrimination in the operations under the 
tribal license by reason of race, color, or creed.
    505. License Not a Property Right. Notwithstanding any other 
provision of this Liquor 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 license give rise to a presumption of legal 
entitlement to a license/permit in a subsequent time period.
    506. Assignment or Transfer. No Tribal license issued under this 
Liquor Ordinance shall be assigned or transferred without the prior 
written approval of the Tribal Business Council expressed by formal 
resolution.

Rules, Regulations, and Enforcement

    601. Sale or Possession With Intent to Sell Without a Permit. Any 
person who shall sell or offer for sale or distribute or transport in 
any manner, any Liquor in violation of this Liquor Ordinance, or who 
shall operate or shall have Liquor in his possession with intent to 
sell or distribute without a license or permit, shall be guilty of a 
violation of this Liquor Ordinance.
    602. Purchases From Other Than Licensed or Allowed Facilities. Any 
person who, within the boundaries of the Reservation, buys Liquor from 
any person other than at a properly licensed or allowed facility shall 
be guilty of a violation of this Liquor Ordinance.
    603. Sales to Persons Under the Influence of Liquor. Any person who 
sells Liquor to a person apparently under the influence of Liquor shall 
be guilty of a violation of this Liquor Ordinance.
    604. Consuming Liquor in Public Conveyance. Any person engaged 
wholly or in part in the business of carrying passengers for hire, and 
every agent, servant or employee of such person who shall knowingly 
permit any person to drink any Liquor in any public conveyances shall 
be guilty of an offense. Any person who shall drink any Liquor in a 
public conveyance shall be guilty of a violation of this Liquor 
Ordinance.
    605. Consumption or Possession of Liquor by Persons Under 21 Years 
of Age. No person under the age of 21 years shall consume, acquire or 
have in his possession any Alcoholic Beverage. No person shall permit 
any other person under the age of 21 years to consume Liquor on his 
premises or any premises under his control except in those situations 
set out in this Section. Any person violating this Section shall be 
guilty of a separate violation of this Liquor Ordinance for each and 
every drink so consumed.
    606. Sales of Liquor to Persons Under 21 Years of Age. Any person 
who shall sell or provide Liquor to any person under the age of 21 
years shall be guilty of a violation of this Liquor Ordinance for each 
sale or drink provided.
    607. Transfer of Identification to Minor. Any person who transfers 
in any manner an identification of age to a minor for the purpose of 
permitting such minor to obtain Liquor shall be guilty of an offense; 
provided, that corroborative testimony of a witness other than the 
minor shall be a requirement of finding a violation of this Liquor 
Ordinance.
    608. Use of False or Altered Identification. Any person who 
attempts to purchase an Alcoholic Beverage through the use of a false 
or altered identification shall be guilty of violating this Liquor 
Ordinance.
    609. Acceptable Identification. Where there may be a question of a 
person's right to purchase Liquor by reason of his or her age, such 
person shall be required to present any one of the following cards of 
identification which shows his or her correct age and bears his or her 
signature and photograph: (1) A driver's license of any state or 
identification card issued by any state department of motor vehicles; 
(2) United States active duty military; or (3) a passport.
    610. Violations of this Liquor Ordinance. Any person guilty of a 
violation of this Ordinance shall be liable to pay the Tribe a civil 
fine not to exceed $500 per violation as civil damages to defray the 
Tribe's cost of enforcement of this Liquor Ordinance. In addition to 
any penalties so imposed, any license or permit issued hereunder may be 
suspended or canceled by the Tribal Business Council for the violation 
of any of the provisions of this Liquor Ordinance, or of the Tribal 
license or permit, upon hearing before the Tribal Business Council 
after 10 days notice to the licensee. The decision of the Tribal 
Business Council shall be final and no appeal therefrom allowed. The 
Tribal Business Council shall grant all persons in any hearing 
regarding violations, penalties, or license suspensions under this 
Ordinance all the rights and due process granted by the Indian Civil 
Rights Act, 25 U.S.C. 1302, et seq. Notice of a Tribal Business Council 
hearing regarding an alleged violation of this Ordinance shall be given 
to the affected individual(s) or entity(ies) at least 10 days in 
advance of the hearing. The notice will be delivered in person or by 
certified mail with The Tribal Business Council retaining proof of 
service. The notice will set out the right of the alleged violator to 
be represented by counsel retained by the alleged violator, the right 
to speak and to present witnesses and to cross-examine any witnesses 
against them.

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    611. Possession of Liquor Contrary to This Liquor Ordinance. 
Alcoholic Beverages which are possessed contrary to the terms of this 
Liquor Ordinance are declared to be contraband. Any Tribal agent, 
employee, or officer who is authorized by the Tribal Business Council 
to enforce this Section shall have the authority to, and shall, seize 
all contraband.
    612. Disposition of Seized Contraband. Any officer seizing 
contraband shall preserve the contraband in accordance with the 
appropriate California law code. Upon being found in violation of this 
Liquor Ordinance by the Tribal Business Council, the party shall 
forfeit all right, title and interest in the items seized which shall 
become the property of the Tribe.

Taxes

    701. Sales Tax. There is hereby levied and shall be collected a tax 
on each sale of Alcoholic Beverages on the Reservation in the amount of 
one percent (1%) of the amount actually collected. The tax imposed by 
this section shall apply to all retail sales of Liquor on the 
Reservation and shall preempt any tax imposed on such liquor sales by 
the State of California.
    702. Payment of Taxes to Tribe. All taxes from the sale of 
Alcoholic Beverages on the Reservation shall be paid over to the Trust 
Agent of the Tribe.
    703. Taxes Due. All taxes from the sale of Alcoholic Beverages on 
the Reservation are due within thirty (30) days of the end of the 
calendar quarter for which the taxes are due.
    704. Reports. Along with payment of the taxes imposed herein, the 
taxpayer shall submit an accounting for the quarter of all income from 
the sale or distribution of Alcoholic Beverages as well as for the 
taxes collected.
    705. Audit. As a condition of obtaining a license, the licensee 
must agree to the review or audit of its books and records relating to 
the sale of Alcoholic Beverages on the Reservation. Said review or 
audit may be done annually by the Tribe through its agents or employees 
whenever, in the opinion of the Tribal Business Council, such a review 
or audit is necessary to verify the accuracy of reports.

Profits

    801. Disposition of Proceeds. The gross proceeds collected by the 
Tribal Business Council from all licensing provided under this Liquor 
Ordinance, or the imposition of civil penalties for violating this 
Ordinance, or from the taxation of the sales of Alcoholic Beverages on 
the Reservation, shall be distributed as follows:
    a. For the payment of all necessary personnel, administrative 
costs, and legal fees for the operation and its activities.
    b. The remainder shall be turned over to the Trust Account of the 
Tribe.

Severability and Miscellaneous

    901. Severability. If any provision or application of this Liquor 
Ordinance is determined upon review by a court of competent 
jurisdiction to be invalid, such adjudication shall not be held to 
render ineffectual the remaining portions of this Ordinance or to 
render such provisions inapplicable to other persons or circumstances.
    902. Prior Enactments. Any and all prior ordinances, resolutions or 
enactments of the Tribal Business Council which are inconsistent with 
the provisions of this Liquor Ordinance are hereby rescinded.
    903. Conformance with Tribal, State and Federal Law. This Ordinance 
conforms with all Rancheria tribal law and governing documents such as 
the Constitution and By-Laws. All provisions and transactions under 
this Ordinance shall be in conformity with California State law 
regarding alcohol to the extent required by 19 U.S.C. 1161 and with all 
federal laws regarding alcohol in Indian country.
    904. Enforcement. All actions brought by the Tribal Business 
Council to enforce the provisions of this Ordinance shall be filed in 
the Tribal Court of the Susanville Indian Rancheria. In the absence of 
a tribal court, said actions shall be filed in Federal court in the 
Eastern District of California and be appealable in the federal court 
system. If the federal court should determine that it lacks 
jurisdiction over said action, it shall be filed in the California 
state court in Lassen County with the subject matter jurisdiction and 
venue over the action. The first court system to have jurisdiction over 
an enforcement action, analyzing first, tribal court; second, Federal 
court; and third, state courts shall have exclusive jurisdiction over 
such actions.
    905. Effective Date. This Liquor Ordinance shall be effective after 
the Secretary of the Interior certifies the Ordinance and publishes it 
in the Federal Register.

Amendment

    1001. Amendment or Repeal. This Ordinance may be amended or 
repealed by a majority vote of the Tribal Business Council or by the 
General Council at a properly held meeting. Amendments of this 
Ordinance need not be published in the Federal Register to become 
effective.

Sovereign Immunity.

    1101. Nothing contained in this Liquor Ordinance is intended to nor 
does in anyway limit, alter, restrict, or waive the Tribe's sovereign 
immunity from unconsented suit or action.

    Dated: August 18, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-22534 Filed 8-22-97; 8:45 am]
BILLING CODE 4310-02-U