Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 13455 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Tulalip Liquor Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes an 

amendment to the Tulalip Tribe’s 

Liquor Control Ordinance published in 

the Federal Register September 16, 1977 

(42 FR 46612). The amendment 

regulates and controls the possession 

and consumption of liquor within the 

tribal lands. The tribal lands are located 

in Indian country and this amended 

Ordinance allows for possession of 

alcoholic beverages within their 

boundaries. This Ordinance will 

increase the ability of the tribal 

government to control liquor sales, 

possession and consumption by the 

community and its members. 

DATES: Effective Date: This Ordinance is 

effective on April 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Betty Scissons, Tribal Government 

Services Officer, Northwest Regional 

Office, 911 NE 11th Ave., 8th Floor, 

Portland, OR 97232, Telephone: (503) 

231–6723, Fax (503) 231–2189; or 

Elizabeth Colliflower, Office of Indian 

Services, 1849 C Street NW., Mail Stop 

4513–MIB, Washington, DC 20240, 

Telephone: (202) 513–7640. 

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 or amended 

liquor ordinances for the purpose of 

regulating liquor transactions in Indian 

country. The Tulalip Tribes of 

Washington amended its Tribal Liquor 

Ordinance by Resolution No. 2008–180 

on June 6, 2008. The purpose of this 

Ordinance is to govern the sale and 

possession of alcohol within tribal lands 

of the Tribe. 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 Directors duly 

adopted the amended Liquor Ordinance 

for the Tulalip Tribes of Washington on 

June 6, 2008. 

Dated: March 16, 2009. 

George Skibine, 

Deputy Assistant Secretary for Policy and 

Economic Development. 

The amended Liquor Ordinance No. 

42 of the Tulalip Tribes of Washington 

reads as follows: 

Tulalip Liquor Ordinance 

An ordinance governing sale, 

distribution, and taxation of liquor 

within the exterior boundaries of the 

Tulalip Indian Reservation, establishing 

a board for control and administration 

of liquor and regulating the use thereof. 

The Board of Directors of the Tribes 

of Washington in the exercise of said 

Tribes jurisdiction within the exterior 

boundaries of the Tulalip Indian 

Reservation do hereby promulgate and 

enact the following liquor ordinance 

pursuant to the powers vested in it by 

Article VI, Section 1(l) and (m) of the 

Constitution and By-Laws of the Tulalip 

Tribe of Washington and the Act of 

August 15, 1953, 67 Stat. 586, U.S.C. 

1161, as follows: 

Section 1. Title 

This Ordinance shall be known as the 

Tulalip Liquor Ordinance. 

Section 2. Revocation of Prior 

Ordinance 

All Ordinances and Resolutions of the 

Tulalip Tribes regulating, authorized, 

prohibiting or in any wise dealing with 

the sale of liquor heretofore enacted or 

now in effect are hereby repealed and of 

no further force and effect. 

Section 3. Definitions 

‘‘Liquor’’ means that liquid as at this 

date defined by the Revised Code of 

Washington in RCW 66.04.010 (1), (2), 

(16), (29) and (35). 

‘‘Sale’’ and ‘‘sell’’ means as now 

defined as set forth by the Revised Code 

of Washington in RCW 66.04010 (27). 

Such definitions are hereby adopted 

by reference. 

Section 4. Prohibitions 

(A) The purchase, sale, and dealing in 

liquor within the exterior boundaries of 

the Tulalip Indian Reservation by any 

person, party, firm, or corporation 

except pursuant to the control and 

regulation of the Tulalip Liquor 

Commission hereby established and 

declared lawful. 

(B) No person shall sell any liquor to 

any person obviously under the 

influence of liquor. 

(C) No person who is obviously under 

the influence of liquor may purchase or 

consume liquor on any premises 

licensed by the Commission. 

(D) A violation of this Section is an 

infraction punishable by a fine of up to 

five hundred dollars. 

Section 5. Retroactivity 

The provisions of this ordinance shall 

be prospective only from the date of its 

enactment herein contained shall be 

deemed to revoke any presently existing 

valid license or permit or renewal 

thereof previously issued by the 

Washington State Liquor Control Board 

or the exercise of privilege given 

thereunder. 

Section 6. Tulalip Liquor Commission 

The Board of Directors of the Tulalip 

Tribes are hereby constituted as the 

‘‘Tulalip Liquor Commission’’ and 

empowered to administer this 

Ordinance, including general control, 

management and supervision of all 

liquor sales, places of sale and sales 

outlets, and to exercise all of the powers 

and accomplish all of the purposed 

thereof as hereinafter set forth any do 

the following acts and things for and on 

behalf of and in the names of the 

Tulalip Tribes of Washington: 

(A) Adopting and enforcing rules and 

regulations for the purpose of carrying 

into effect the provisions of this 

ordinance the performance of its 

functions; 

(B) Collecting, auditing and issuing 

fees, licenses, taxes and permits; 

(C) Purchasing, warehousing and 

selling of liquor in the original package; 

(D) Executing all contracts, papers 

and documents in the name of the 

Tulalip Tribes of Washington or the 

Tulalip Liquor Commission; 

(E) Providing housing for its activities 

and all necessary equipment and 

fixtures with which to do business; 

(F) Hiring and firing of employees, 

fixing their duties and delegating to 

such specific powers and authorities; 

(G) Paying all customs, duties, 

excises, charges and obligation 

whatsoever related to the business of the 

Commission; 

(H) Performing all matters and things 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions. 

Section 7. Funds—Appropriation 

All revenue received, funds collected 

and property acquired by the 

Commission shall be and are the 

property of the Tulalip Tribes of 

Washington and the Commission shall 

annually account for the same to it and 

pay the net proceeds of its activities into 

the general funds of the Tulalip Tribes 

of Washington subject to appropriation 

by it to the use of the Commission as the 

Tribal Board of Directors shall see fit. 

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13456 Federal Register / Vol. 74, No. 58 / Friday, March 27, 2009 / Notices 

There is hereby appropriated to the 

uses and purposes of said Commission 

from the tribal funds the sum of 

$15,000. 

Section 8. Powers of the Commission 

The Commission hereby empowered 

to establish and operate a Tulalip Liquor 

Store within the exterior boundaries of 

the Tulalip Indian Reservation upon 

tribal property, not otherwise, and to 

operate the same and sell liquor thereat 

for such price as it shall from time to 

time fix and determine. 

Section 9. Excise Tax Levy 

There is hereby levied and shall be 

collected an excise tax upon each sale 

of liquor, except beer and wine, in 

whatever package or container, or 

whether at wholesale or retail, of three 

(3) cents per fluid ounce or fraction 

thereof contained in such package 

container. 

Section 10. Tax on Retail Sale 

There is hereby levied and shall be 

collected a tax upon each retail sale of 

wine and beer in the original package at 

a rate equal to five percent (5%) of the 

selling price, which tax shall be paid by 

the buyer to the seller who shall collect 

the same and hold it in trust for 

payment to the Tulalip Liquor 

Commission in the same manner and at 

the same time the seller would be 

required to pay Washington State Retail 

Sales Tax pursuant to RECW 82.08.150 

to the State of Washington if such tax 

were applicable, but regardless of 

whether or not such State tax is 

applicable. All records and tax returns 

required to be kept by seller by the State 

of Washington as if such State tax were 

applicable, shall be kept by the seller 

and made available for inspection. Such 

shall be prima facie proof of the amount 

of tax due and collectable; that the 

provisions of this paragraph requiring 

records, tax returns and payment of tax 

to the Commission shall not be 

applicable to sales made by the 

Commission. 

Section 11. Tax Remit 

The Commission shall remit to the 

Treasurer of the Tulalip Tribe on the 

twenty-fifth (25) day of every month to 

be deposited in the tribal treasury all 

moneys collected by it in the preceding 

month by reason of the levy of excise 

tax. Said tax shall be added to the sale 

price of liquor sold and be collected 

from the purchaser thereof the 

Commission shall also regularly remit 

for similar deposit to said Treasurer all 

retail sales taxes collected by it upon 

sales of beer and wine. 

Section 12. Conformity With the State 

Law 

Nothing herein contained shall be 

construed to supersede the substantive 

laws of the State of Washington effective 

within the exterior boundaries of the 

Tulalip Indian Reservation and, where 

not inconsistent herewith, the 

substantive standards of the criminal 

laws of the State of Washington 

regarding sale, consumption and use of 

liquor shall apply. 

Section 13. Severability and 

Construction 

If any clause, part, or section of this 

act shall be adjudged invalid, such 

judgment shall not affect nor invalidate 

the remainder of the act, but shall be 

confined in its operation to the clause, 

part or section directly involved in the 

controversy in which such judgment 

was rendered. If the operation of any 

clause, part or section of this act shall 

be held to impair the operation of 

contract, or to deny to any person any 

right or protection secured to him by the 

Constitution of the United States of 

America, or by the Constitution of the 

State of Washington it is hereby 

declared that, had the invalidity of such 

clause, part or section been considered 

at the time of the enactment of the act, 

the remainder of the act would 

nevertheless have been adopted without 

such and any and all such invalid 

clauses, parts or sections. 

Section 14. Effective Date 

This Ordinance shall be and become 

effective after thirty (30) days of 

publication by the United States 

Department of the Interior’s certification 

in the Federal Register. 

Section 15. Sovereign Immunity 

Nothing in this Ordinance shall be 

construed as a waiver or limitation of 

the sovereign immunity of the Tulalip 

Tribes, except as its sovereign immunity 

has been waived by the Tulalip Tribes’ 

Tort Claims Ordinance #122. 

[FR Doc. E9–6851 Filed 3–26–09; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Fort Sill Apache Tribe Alcohol Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes Fort Sill 

Apache Tribe Alcohol Control 

Ordinance. The Ordinance regulates and 

controls the possession, sale, and 

consumption of liquor within the tribal 

lands. The tribal lands are located in 

Indian country and this Ordinance 

allows for possession and sale of 

alcoholic beverages within their 

boundaries. This Ordinance will 

increase the ability of the tribal 

government to control the community’s 

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 services. 

DATES: Effective Date: This Ordinance is 

effective on March 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Suzanne Chaney, Tribal Government 

Services Officer, Southern Plains 

Regional Office, WCD Office Complex, 

PO Box 368, Anadarko, OK 73005, 

Telephone: (405) 247–1537, Fax (405) 

247–9240; or Elizabeth Colliflower, 

Office of Indian Services, 1849 C Street 

NW., Mail Stop 4513–MIB, Washington, 

DC 20240, Telephone: (202) 513–7627. 

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 Fort Sill Apache Tribe of Oklahoma 

Tribal Business Committee adopted its 

Alcohol Control Ordinance by 

Resolution No. FSABC–2008–2–A on 

August 21, 2007. This liquor control 

ordinance amends the first alcohol 

control ordinance published in the 

Federal Register for the Tribe. The 

purpose of this Ordinance is to govern 

the sale, possession, and distribution of 

alcohol within tribal lands of the Tribe. 

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 this Alcohol Control 

Ordinance of the Fort Sill Apache Tribe 

of Oklahoma was duly adopted by the 

Business Committee on August 21, 

2007. 

Dated: March 17, 2009. 

George Skibine, 

Deputy Assistant Secretary, for Policy and 

Economic Development. 

The Fort Sill Apache Tribe Alcohol 

Control Ordinance reads as follows: 

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