44988 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Notices

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Liquor Ordinance of the Susanville

Indian Rancheria

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Notice.

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 feepatented 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
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Notices 44989

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
44990 Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Notices

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.
Federal Register / Vol. 62, No. 164 / Monday, August 25, 1997 / Notices 44991

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

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Operation and Maintenance Rate

Adjustment: Crow Irrigation Project,

Montana

ACTION: Notice of proposed Irrigation

Operation and Maintenance (O&M) Rate

Adjustment.

SUMMARY: The Bureau of Indian Affairs

proposes to change the assessment rates

for operating and maintaining the Crow

Irrigation Project for 1998, 1999, 2000,

2001, and subsequent years from the

current rate of $11.60 per acre. The

following table illustrates the impact of

the rate adjustment:

CROW IRRIGATION PROJECT

[Irrigation rate per assessable acre]

Year Present

1997

Proposed

1998

Proposed

1999

Proposed

2000

Proposed

2001

Rate .......................................................................................................... $11.60 $14.50 $15.00 $15.50 $16.00