1458 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

[189A2100DD/AAKC001030/

A0A501010.999900] 

Rincon Band of Luisen ̃o Mission 

Indians of the Rincon Reservation; 

Amendments to Rincon Alcohol 

Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes 

comprehensive amendments to the 

Rincon Band of Luisen ̃ o Mission 

Indians of the Rincon Reservation’s 

Tribal Code § 7.400, Rincon Alcohol 

Control Ordinance. This Ordinance 

amends and supersedes the existing 

Rincon Alcohol Control Ordinance, 

Ordinance No. 99–01, enacted by the 

Rincon Band of Luisen ̃o Mission 

Indians on June 13, 2000. 

DATES: This Ordinance shall become 

effective February 12, 2018. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Harley Long, Tribal Government Officer, 

Pacific Regional Office, Bureau of 

Indian Affairs, 2800 Cottage Way, Room 

W–2820, Sacramento, California 95825, 

Telephone: (916) 978–6000, Fax: (916) 

978–6099. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953, Public 

Law 82–277, 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 control 

ordinances for the purpose of regulating 

liquor transactions in Indian country. 

On April 18, 2017, the Rincon Band of 

Mission Indians duly adopted 

amendments to Tribal Code § 7.400, 

Rincon Alcohol Control Ordinance. This 

Federal Register notice 

comprehensively amends and 

supersedes the existing Rincon Alcohol 

Control Ordinance No. 99–01, enacted 

by the Rincon Band of Luisen ̃o Mission 

Indians, and published in the Federal 

Register on October 6, 2000 (65 FR 

59864). 

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 Rincon Band of Luisen ̃o 

Mission Indians of the Rincon 

Reservation, California, duly adopted 

these amendments to the Tribe’s Tribal 

Code § 7.400, Rincon Alcohol Control 

Ordinance on April 18, 2017. 

Dated: December 15, 2018. 

John Tahsuda, 

Principal Deputy Assistant Secretary—Indian 

Affairs, exercising the authority of the 

Assistant Secretary—Indian Affairs. 

The amended Rincon Band of Luisen ̃ o 

Mission Indian’s Tribal Code § 7.400, 

Rincon Alcohol Control Ordinance, 

shall read as follows: 

Rincon Alcohol Control Ordinance 

Tribal Code § 7.400 

§ 7.400 Title 

§ 7.401 Authority 

§ 7.402 Purpose 

§ 7.403 Manufacture of Alcohol 

§ 7.404 Possession of Alcohol 

§ 7.405 Sale of Alcohol 

§ 7.406 Age limit 

§ 7.407 Civil Penalties 

§ 7.408 Severability 

§ 7.409 Sovereign Immunity 

§ 7.400 Title 

This Ordinance shall be known as the 

Rincon Ordinance Regulating and 

Controlling the Manufacture, 

Introduction, Sale or Possession of 

Alcoholic Beverages within the 

boundaries of the Rincon Indian 

Reservation. The short title of this 

Ordinance shall be ‘‘Rincon Alcohol 

Control Ordinance.’’ 

§ 7.401 Authority 

This Ordinance is enacted pursuant to 

federal law, specifically the Act of 

August 15, 1953, Public Law 83–277, 67 

Stat. 588, 18 U.S.C. 1161, and the 

Articles of Association, Governing 

Procedures for Administering the 

Affairs of The Rincon, San Luiseno 

Band of Mission Indians, California. 

This Rincon Alcohol Control Ordinance 

is in conformity with the laws of the 

State of California as required by 18 

U.S.C. 1161, and with all applicable 

federal laws. 

§ 7.402 Purpose 

The purpose of this Ordinance is to 

regulate and control the possession and 

sale of alcohol within the exterior 

boundaries of the Rincon Reservation, 

and to permit alcohol sales by tribally 

owned, controlled or operated 

enterprises, and at tribally approved 

special events, for the purpose of the 

economic development of the Rincon 

Band. The enactment of a tribal 

ordinance governing alcohol possession 

and sales within the exterior boundaries 

of the Rincon Reservation increases the 

ability of the Tribal Government to 

control Rincon Reservation alcohol 

distribution and possession, and will 

provide an important source of revenue 

for the continued operation and 

strengthening of the Tribal Government 

and the economic viability of Tribal 

Government services. 

§ 7.403 Manufacture of Alcohol 

The manufacture of alcoholic 

beverages by business enterprises 

owned by or subject to the control of the 

Rincon Band shall be lawful within the 

exterior boundaries of the Rincon 

Reservation provided that such 

manufacture is in conformity with the 

laws of the State of California as 

required by federal law. 

§ 7.404 Possession of Alcohol 

The introduction or possession of 

alcoholic beverages shall be lawful 

within the exterior boundaries of the 

Rincon Reservation provided that such 

introduction or possession is in 

conformity with the laws of the State of 

California as required by federal law. 

§ 7.405 Sale of Alcohol 

(a) The sale of alcoholic beverages by 

business enterprises owned or operated 

by, or subject to the control of, the 

Rincon Band shall be lawful within the 

exterior boundaries of the Rincon 

Reservation provided that such sale is in 

conformity with the laws of the State of 

California as required by federal law. 

(b) The sale of alcoholic beverages by 

the drink at special events authorized by 

the Rincon Band shall be lawful within 

the exterior boundaries of the Rincon 

Reservation provided that such sales are 

in conformity with the laws of the State 

of California as required by federal law 

and with prior approval by resolution of 

the Tribal Council of the Rincon Band. 

§ 7.406 Age Limit 

(a) The drinking age within the 

exterior boundaries of the Rincon 

Reservation shall be the same as that of 

the State of California as required by 

federal law. No person under such age 

shall purchase, possess or consume any 

alcoholic beverage within the exterior 

boundaries of the Rincon Reservation. 

(b) The State of California sets the 

drinking age within California under 

California Business and Professions 

Code § 25658. California’s drinking age 

is twenty-one (21) at the time of the 

enactment of this Ordinance. 

(c) At such time, if any, as California 

Business and Professions Code § 25658 

is repealed or amended to raise or lower 

the drinking age within California, 

subsection (b) above shall automatically 

become null and void, and the Tribal 

Council shall be empowered to enact a 

new subsection (b) to reference the 

appropriate provision of the state law, 

such amendment to become effective 

upon publication in the Federal 

Register by the Secretary of the Interior. 


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Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Notices 1459 

§ 7.407 Civil Penalties 

The Rincon Band, through its Tribal 

Council and duly authorized security 

personnel, shall have the authority to 

enforce this Ordinance by confiscating 

any alcohol manufactured, introduced, 

sold or possessed in violation hereof. 

The Tribal Council shall be empowered 

to sell such confiscated alcohol for the 

benefit of the Rincon Band, and to 

develop and approve such regulations 

as may become necessary for 

enforcement of this Ordinance. 

§ 7.408 Severability 

If any provision of this Ordinance or 

the application thereof to any person or 

circumstance is held unconstitutional or 

invalid by the Tribal Council, only the 

invalid provision shall be severed and 

the remaining provisions and language 

of this Ordinance shall remain in full 

force and effect. 

§ 7.409 Sovereign Immunity 

All inherent sovereign rights of the 

Band as a federally recognized Indian 

tribe with respect to provisions 

authorized in this Ordinance are hereby 

expressly reserved, including sovereign 

immunity from unconsented suit. 

Nothing in the Ordinance shall be 

deemed or construed to be a waiver of 

the Band’s sovereign immunity from 

unconsented suit. 

[FR Doc. 2018–00346 Filed 1–10–18; 8:45 am] 

BILLING CODE 4337–15–P 


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