[Federal Register Volume 66, Number 98 (Monday, May 21, 2001)]
[Notices]
[Pages 27994-27998]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12690]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Hopland Band of Pomo Indians Liquor Regulation and Licensing 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Hopland Band of Pomo Indians Liquor 
Regulation and Licensing Ordinance. The Ordinance regulates the 
control, possession, and sale of liquor on the Hopland Band of Pomo 
Indians trust lands, in conformity with the laws of the State of 
California, where applicable and necessary. Although the Ordinance was 
adopted on March 2, 2001, it does not become effective until published 
in the Federal Register because the failure to comply with the 
Ordinance may result in criminal charges.

DATES: This Ordinance is effective on May 21, 2001.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Branch of Tribal 
Relations, Division of Tribal Government Services, 1849 C Street NW., 
MS 4631-MIB, Washington, DC 20240-4001; telephone (202) 208-4400.

[[Page 27995]]


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 
transaction in Indian country. The Hopland Band of Pomo Indians Liquor 
Regulation and Licensing Ordinance, Resolution No. 01-03-02, was duly 
adopted by the Tribal Council of the Hopland Band of Pomo Indians on 
March 2, 2001. The Hopland Band of Pomo Indians, in furtherance of its 
economic and social goals, has taken positive steps to regulate retail 
sales of alcohol and use revenues to combat alcohol abuse and its 
debilitating effects among individuals and family members within the 
reservation of the Hopland Band of Pomo Indians.
    This notice is being published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 Departmental Manual 8.l.
    I certify that by Resolution No. 01-03-02, the Hopland Band of Pomo 
Indians Liquor Regulation and Licensing Ordinance was duly adopted by 
the Tribal Council on March 2, 2001.

    Dated: May 11, 2001.
James H. McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).

    The Hopland Band of Pomo Indians Liquor Regulation and Licensing 
Ordinance, Resolution No. 01-03-02, reads as follows:

Liquor Regulation and Licensing Ordinance of the Hopland Band of 
Pomo Indians

    Section 1. Declaration of Findings. The Council hereby finds as 
follows:
    1. Under Article IX of the Constitution of the Tribe, the Council 
has the power to administer Reservation assets and manage all economic 
affairs of the Tribe, to promote the peace, safety, health, and general 
welfare of the members of the Tribe, and to promulgate and adopt 
ordinances as needed by the Tribe.
    2. The introduction, possession and sale of alcoholic beverages on 
the Hopland Indian Reservation (Reservation) is a matter of special 
concern to the Tribe.
    3. Federal law leaves to federally recognized Indian tribes the 
decision regarding when and to what extent alcoholic beverage 
transactions shall be permitted on Indian reservations.
    4. Present day circumstances make a complete ban on alcoholic 
beverages within the Reservation ineffective and unrealistic. At the 
same time, a need still exists for strict tribal regulation and control 
over alcoholic beverage distribution.
    5. The enactment of a tribal ordinance governing alcoholic beverage 
sales on the Reservation and providing for the purchase and sale of 
alcoholic beverages through tribally licensed outlets will increase the 
ability of the tribal government to control the distribution, sale and 
possession of liquor on the Reservation, and at the same time will 
provide an important and urgently needed source of revenue for the 
continued operation of the tribal government and delivery of tribal 
governmental services.
    6. In order to help ensure the certification of this Ordinance by 
the Secretary of the Interior, the Tribe's originally enacted Liquor 
Ordinance, as subsequently amended, needs to be repealed and this 
Ordinance enacted in its place.
    Section 2. Declaration of Policy. The Council hereby declares that 
the policy of the Tribe is to eliminate the evils of unlicensed and 
unlawful manufacture, distribution, and sale of alcoholic beverages on 
the Reservation and to promote temperance in the use and consumption of 
alcoholic beverages by increasing tribal control over the possession 
and distribution of alcoholic beverages on the Reservation.
    Section 3. Repeal of All Previously Enacted Liquor Ordinances and 
Adoption of a new Liquor Licensing Ordinance. All Ordinances previously 
enacted by the Hopland Tribal Council pertaining to the manufacture, 
distribution, sale or possession of alcoholic beverages are hereby 
repealed and a new ordinance entitled Liquor Regulation and Licensing 
Ordinance is hereby adopted which provides as follows:

Chapters

01. Introduction
02. General Provisions
04. Definitions
06. Prohibition of the Unlicensed Sale of Liquor
08. Application for License
10. Issuance, Renewal, and Transfer of Licenses
12. Revocation of Licenses
14. Enforcement

Chapter 01

Sections
01.010. Title
01.020. Authority
01.030. Purpose
01.040. Effective Date

    Section 01.010. Title. This Ordinance shall be known as the Liquor 
Regulation and Licensing Ordinance of the Hopland Band of Pomo Indians.

    Section 01.020. Authority. This Ordinance is enacted pursuant to 
the Act of August 15, 1953 (Pub L. 83-277, 67 Stat. 588, 18 U.S.C. 
Sec. 1161), and Article IX of the Constitution of the Hopland Band 
of Pomo Indians.

    Section 01.030. Purpose. The purpose of this ordinance is to 
regulate and control the possession and sale of liquor on the Hopland 
Indian Reservation. 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 will at the same time, provide an important source of 
revenue for the continued operation and strengthening of the tribal 
government and the delivery of tribal government services.
    Section 01.040. Effective Date. This Ordinance shall be effective 
on the date that it is published in the Federal Register by the 
Secretary of the Interior as required by applicable federal law.

Chapter 02--General Provisions

Sections
02.010. Short title
02.020. Purpose
02.030. Sovereign immunity preserved
02.040. Applicability within the Reservation
02.050. Possession of alcoholic beverages
02.060. Interpretation and findings
02.070. Conflicting provisions
02.080. Application of 18 U.S.C. 1161.

    02.010. Short title. This ordinance shall be known and cited as the 
Hopland Liquor Regulation and Licensing Ordinance.
    02.020. Purpose. The purpose of this Ordinance is to prohibit the 
importation, manufacture, distribution and sale of alcoholic beverages 
on the Hopland Indian Reservation except pursuant to a license issued 
by the Hopland Tribal Council under the provisions of this Ordinance.
    02.030. Sovereign immunity preserved. Nothing in this Ordinance is 
intended nor shall be construed as a waiver of the sovereign immunity 
of the Hopland Band of Pomo Indians. No officer or employee of the 
Hopland Band of Pomo Indians is authorized nor shall he/she attempt to 
waive the immunity of the Tribe under the provisions of this Ordinance 
unless such officer or employee has an express and explicit written 
authorization from the Hopland Tribal Council.
    02.040. Applicability within the Reservation. This Ordinance shall 
apply to all persons within the exterior

[[Page 27996]]

boundaries of the Hopland Indian Reservation consistent with the 
applicable federal Indian liquor laws.
    02.050. Possession of alcoholic beverages. Nothing in this 
Ordinance shall be interpreted as prohibiting the possession, 
transportation or consumption of alcoholic beverages within the 
boundaries of the Hopland Indian Reservation. Possession, 
transportation and/or consumption of alcoholic beverages within the 
exterior boundaries of the Reservation in conformity with the 
provisions of Federal law relating to the possession, transportation, 
or consumption of alcoholic beverages is expressly permitted under this 
Ordinance.
    02.060. Interpretation and findings. The Hopland Tribal Council in 
the first instance may interpret any ambiguities contained in this 
Ordinance.
    02.070. Conflicting provisions. Whenever any conflict occurs 
between the provisions of this Ordinance or the provisions of any other 
ordinance of the Tribe, the stricter of such provisions shall apply.
    02.080. Application of 18 U.S.C. 1161. The importation, 
manufacture, distribution and sale of alcoholic beverages on the 
Hopland Indian Reservation shall be in conformity with this Ordinance 
and in conformity with the laws of the State of California as that 
phrase or term is used in 18 U.S.C. 1161.

Chapter 04--Definitions

Sections
04.010. Interpretation
04.020. Alcohol
04.030. Alcoholic beverage
04.040. Beer
04.050. Distilled spirits
04.060. Importer
04.070. Liquor license
04.080. Manufacturer
04.090. Person
04.100. Reservation
04.110. Sale
04.120. Seller
04.130. Tribal Council
04.140. Tribe
04.150. Wine

    04.010. Interpretation. In construing the provisions of this 
Ordinance, the following words or phrases shall have the meaning 
designated unless a different meaning is expressly provided or the 
context clearly indicates otherwise.
    04.020. Alcohol. Alcohol means ethyl alcohol, hydrated oxide of 
ethyl, or spirits of wine, from whatever source or by whatever process 
produced.
    04.030. Alcoholic beverage. Alcoholic beverage includes all 
alcohol, spirits, liquor, wine, beer, and any liquid or solid 
containing alcohol, spirits, wine or beer, and which contains one-half 
of one percent or more of alcohol by volume and which is fit for 
beverage purposes either alone or when diluted, mixed, or combined with 
other substances. It shall be interchangeable in this Ordinance with 
the term liquor.
    04.040. Beer. Beer means any alcoholic beverage obtained by the 
fermentation of any infusion or decoction of barley, malt, hops, or any 
other similar product, or any combination thereof in water, and 
includes ale, porter, brown, stout, lager beer, small beer, and strong 
beer, and also includes sake, otherwise known as Japanese rice wine.
    04.050. Distilled spirits. Distilled spirits means any alcoholic 
beverage obtained by the distillation of fermented agricultural 
products, and includes alcohol for beverage use, spirits of wine, 
whiskey, rum, brandy, and gin, including all dilutions and mixtures 
thereof.
    04.060. Importer. Importer means any person who introduces alcohol 
or alcoholic beverages into the Hopland Indian Reservation from outside 
the exterior boundaries of the Reservation for the purpose of sale or 
distribution within the Reservation, provided however, the term 
importer as used herein shall not include a wholesaler licensed by any 
state or tribal government selling alcoholic beverages to a seller 
licensed by a state or tribal government to sell at retail.
    04.070. Liquor license. Liquor license means a license issued by 
the Hopland Tribal Council under the provisions of this Ordinance 
authorizing the sale, manufacture, or importation of alcoholic 
beverages on or within the Reservation consistent with federal law.
    04.080. Manufacturer. Manufacturer means any person engaged in the 
manufacture of alcohol or alcoholic beverages.
    04.090. Person. Person means any individual, whether Indian or non-
Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, 
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, 
whether recognized by the United States Government or otherwise. The 
term shall also include the businesses of the Tribe. It shall be 
interchangeable in this Ordinance with the term seller or licensee.
    04.100. Reservation. Reservation means all lands within the 
exterior boundaries of the Hopland Indian Reservation and such other 
lands as may hereafter be acquired by the Tribe, whether within or 
without said boundaries, under any grant, transfer, purchase, gift, 
adjudication, executive order, Act of Congress, or other means of 
acquisition.
    04.110. Sale. Sale means the exchange of property and/or any 
transfer of the ownership of, title to, or possession of property for a 
valuable consideration, exchange or barter, in any manner or by any 
means whatsoever. It includes conditional sales contracts, leases with 
options to purchase, and any other contract under which possession of 
property is given to the purchaser, buyer, or consumer but title is 
retained by the vendor, retailer, manufacturer, or wholesaler, as 
security for the payment of the purchase price. Specifically, it shall 
include any transaction whereby, for any consideration, title to 
alcoholic beverages is transferred from one person to another, and 
includes the delivery of alcoholic beverages pursuant to an order 
placed for the purchase of such beverages, or soliciting or receiving 
such beverages.
    04.120. Seller. Seller means any person who, while within the 
exterior boundaries of the Reservation, sells, solicits or receives an 
order for any alcohol, alcoholic beverages, distilled spirits, beer, or 
wine.
    04.130. Tribal Council. Tribal Council or Council means the Hopland 
Tribal Council.
    04.140. Tribe. Tribe means the Hopland Band of Pomo Indians.
    04.150. Wine. Wine means the product obtained from the normal 
alcoholic fermentation of the juice of the grapes or other agricultural 
products containing natural or added sugar or any such alcoholic 
beverage to which is added grape brandy, fruit brandy, or spirits of 
wine, which is distilled from the particular agricultural product or 
products of which the wine is made, and other rectified wine products.

Chapter 06--Prohibition of the Unlicensed Sale of Liquor

Sections
06.010. Prohibition of the unlicensed sale of liquor
06.020. Authorization to sell liquor
 06.030. Types of licenses

    06.010. Prohibition of the unlicensed sale of liquor. No person 
shall import for sale, manufacture, distribute or sell any alcoholic 
beverages within the Reservation without first applying for and 
obtaining a written license from the Council issued in accordance with 
the provisions of this Ordinance.

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    06.020. Authorization to sell liquor. Any person applying for and 
obtaining a liquor license under the provisions of this Ordinance shall 
have the right to engage only in those liquor transactions expressly 
authorized by such license and only at those specific places or areas 
designated in said license.
    06.030. Types of licenses. The Council shall have the authority to 
issue the following types of liquor licenses within the Reservation:
    A. Retail on-sale general license means a license authorizing the 
applicant to sell alcoholic beverages at retail to be consumed by the 
buyer only on the premises or at the location designated in the 
license.
    B. Retail on-sale beer and wine license means a license authorizing 
the applicant to sell beer and wine at retail to be consumed by the 
buyer only on the premises or at the location designated in the 
license.
    C. Retail off-sale general license means a license authorizing the 
applicant to sell alcoholic beverages at retail to be consumed by the 
buyer off of the premises or at a location other than the one 
designated in the license.
    D. Retail off-sale beer and wine license means a license 
authorizing the applicant to sell beer and wine at retail to be 
consumed by the buyer off of the premises or at a location other than 
the one designated in the license.
    E. Manufacturer's license means a license authorizing the applicant 
to manufacture alcoholic beverages for the purpose of sale on the 
Reservation.

Chapter 08--Application for License

Sections
08.010. Application form and content
08.020. Fee accompanying application
08.030. Investigation; denial of application.

    08.010. Application form and content. An application for a license 
shall be made to the Council and shall contain the following 
information:
    A. The name and address of the applicant. In the case of a 
corporation, the names and addresses of all of the principal officers, 
directors and stockholders of the corporation. In the case of a 
partnership, the name and address of each partner.
    B. The specific area, location and/or premises for which the 
license is applied for.
    C. The type of liquor transaction applied for (i.e. retail on-sale 
general license, etc.).
    D. Whether the applicant has a state liquor license.
    E. A statement by the applicant to the effect that the applicant 
has not been convicted of a felony and has not violated and will not 
violate or cause or permit to be violated any of the provisions of this 
Ordinance or any of the provisions of the California Alcoholic Beverage 
Control Act.
    F. The signature and fingerprint of the applicant. In the case of a 
partnership, the signature and fingerprints of each partner. In the 
case of a corporation, the signature and fingerprints of each of the 
officers of the corporation under the seal of the corporation.
    G. The application shall be verified under oath, notarized and 
accompanied by the license fee required by this Ordinance.
    08.020. Fee accompanying application. The Council shall by 
resolution establish a fee schedule for the issuance, renewal and 
transfer of the following types of licenses:
    A. Retail on-sale general license;
    B. Retail on-sale beer and wine license;
    C. Retail off-sale general license;
    D. Retail off-sale beer and wine liquor; and
    E. Manufacturer's license.
    08.030. Investigation; denial of application. Upon receipt of an 
application for the issuance, transfer or renewal of a license and the 
application fee required herein, the Council shall make a thorough 
investigation to determine whether the applicant and the premises for 
which a license is applied for qualify for a license and whether the 
provisions of this Ordinance have been complied with, and shall 
investigate all matters connected therewith which may affect the public 
welfare and morals. The Council shall deny an application for issuance, 
renewal or transfer of a license if either the applicant or the 
premises for which a license is applied for does not qualify for a 
license under this Ordinance or if the applicant has misrepresented any 
facts in the application or given any false information to the Council 
in order to obtain a license.
    The Council further may deny any application for issuance, renewal 
or transfer of a license if the Council cannot make the findings 
required by Section 10.20 of this Ordinance or the Council finds that 
the issuance of such a license would tend to create a law enforcement 
problem, or if issuance of said license would be a detriment to the 
health, safety and welfare of the Tribe or its members.

Chapter 10--Issuance, Renewal and Transfer of Licenses

Sections
10.010. Public hearing.
10.020. Council action on application.
10.030. Multiple locations.
10.040. Term of License/Temporary License.
10.050. Transfer of licenses.

    10.010. Public hearing. Upon receipt of an application for 
issuance, renewal or transfer of a license, and the payment of all fees 
required under this Ordinance, the Secretary of the Council shall set 
the matter for a public hearing. Notice of the time and place of the 
hearing shall be given to the applicant and the public at least ten 
(10) calendar days before the hearing. Notice shall be given to the 
applicant by prepaid U.S. mail at the address listed in the 
application. Notice shall be given to the public by publication in a 
newspaper of general circulation sold on the Reservation. The notice 
published in the newspaper shall include the name of the applicant and 
the type of license applied for and a general description of the area 
where liquor will be sold. At the hearing, the Council shall hear from 
any person who wishes to speak for or against the application. The 
Council shall have the authority to place time limits on each speaker 
and limit or prohibit repetitive testimony.
    10.020. Council action on application. Within thirty (30) days of 
the conclusion of the public hearing, the Council shall act on the 
matter. The Council shall have the authority to deny, approve, or 
approve with conditions the application. Before approving the 
application, the Council shall find: (1) that the site for the proposed 
premises has adequate parking, lighting, security and ingress and 
egress so as not to adversely affect adjoining properties or 
businesses, and (2) that the sale of alcoholic beverages at the 
proposed premises is consistent with the Tribe's Zoning Ordinance.
    Upon approval of an application, the Council shall issue a license 
to the applicant in a form to be approved from time to time by the 
Council by resolution. All businesses shall post their tribal liquor 
licenses issued under this Ordinance in a conspicuous place upon the 
premises where alcoholic beverages are sold, manufactured or offered 
for sale.
    10.030. Multiple locations. Each license shall be issued to a 
specific person. Separate licenses shall be issued for each of the 
premises of any business establishment having more than one location.
    10.040. Term of license/Temporary licenses. All licenses issued by 
the Council shall be issued on a calendar year basis and shall be 
renewed annually; provided, however, that the

[[Page 27998]]

Council may issue special licenses for the sale of alcoholic beverages 
on a temporary basis for premises temporarily occupied by the licensee 
for a picnic, social gathering, or similar occasion at a fee to be 
established by the Council by resolution.
    10.050. Transfer of licenses. Each license issued or renewed under 
this Ordinance is separate and distinct and is transferable from the 
licensee to another person and/or from one premises to another premises 
only with the approval of the Council. The Council shall have the 
authority to approve, deny, or approve with conditions any application 
for the transfer of any license. In the case of a transfer to a new 
person, the application for transfer shall contain all of the 
information required of an original applicant under Section 08.010 of 
this Ordinance. In the case of a transfer to a new location, the 
application shall contain an exact description of the location where 
the alcoholic beverages are proposed to be sold.

Chapter 12--Revocation of Licenses

Sections
12.010. Revocation of licenses
12.020. Accusations
12.030. Hearing

    12.010. Revocation of licenses. The Council shall revoke a license 
upon any of the following grounds:
    A. The misrepresentation of a material fact by an applicant in 
obtaining a license or a renewal thereof.
    B. The violation of any condition imposed by the Council on the 
issuance, transfer or renewal of a license.
    C. A plea, verdict, or judgment of guilty, or the plea of nolo 
contendere to any public offense involving moral turpitude under any 
federal or state law prohibiting or regulating the sale, use, 
possession, or giving away of alcoholic beverages or intoxicating 
liquors.
    D. The violation of any tribal ordinance.
    E. The failure to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the licensed premises or any 
immediately adjacent area leased, assigned or rented by the licensee 
within a reasonable time after receipt of a notice to make such 
corrections has been received from the Council or its authorized 
representative.
    12.020. Accusations. The Council, on its own motion through the 
adoption of an appropriate resolution meeting the requirements of this 
section, or any person may initiate revocation proceedings by filing an 
accusation with the Secretary of the Council. The accusation shall be 
in writing and signed by the maker, and shall state facts showing that 
there are specific grounds under this Ordinance which would authorize 
the Council to revoke the license or licenses of the licensee against 
whom the accusation is made. Upon receipt of an accusation, the 
Secretary of the Council shall cause the matter to be set for a hearing 
before the Council. Thirty (30) days prior to the date set for the 
hearing, the Secretary shall mail a copy of the accusation along with a 
notice of the day and time of the hearing before the Council. The 
notice shall command the licensee to appear and show cause why the 
licensee's license should not be revoked. The notice shall state that 
the licensee has the right to file a written response to the 
accusation, verified under oath and signed by the licensee ten (10) 
days prior to the hearing date.
    12.030. Hearing. Any hearing held on any accusation shall be held 
before a majority of the Council under such rules of procedure as it 
may adopt. Both the licensee and the person filing the accusation, 
including the Tribe, shall have the right to present witnesses to 
testify and to present written documents in support of their positions 
to the Council. The Council shall render its decision within sixty (60) 
days after the date of the hearing. The decision of the Council shall 
be final and non-appealable.

Chapter 14--Enforcement

Sections
14.010. Right to inspect
14.020. General penalties
14.030. Initiation of action

    14.010. Right to Inspect. Any premises within the area under the 
jurisdiction of this Ordinance on which liquor is sold or distributed 
shall be open for inspection by representatives of the Council at all 
reasonable times during business hours for the purposes of ascertaining 
whether the rules and regulations of this Ordinance are being complied 
with.
    14.020. General penalties. Any person adjudged to be in violation 
of this Ordinance shall be subject to a civil penalty of not more than 
Five Hundred Dollars ($500.00) for each such violation. The Council may 
adopt by resolution a separate schedule of fines for each type of 
violation, taking into account its seriousness and the threat it may 
pose to the general health and welfare of tribal members. Such schedule 
may also provide, in the case of repeated violations, for imposition of 
monetary penalties greater than the Five Hundred Dollars ($500.00) 
limitation set forth above.
    The penalties provided for herein shall be in addition to any 
criminal penalties which may hereafter be imposed in conformity with 
federal law by separate Chapter or provision of this Ordinance or by a 
separate ordinance enacted by the Hopland Tribal Council.
    14.020. Initiation of action. Any violation of this Ordinance shall 
constitute a public nuisance. The Council may initiate and maintain an 
action in tribal court, or, if the tribal court does not have 
jurisdiction over the action, in the United States District Court for 
the Northern District of California, to abate and permanently enjoin 
any nuisance declared under this Ordinance. Any action taken under this 
section shall be in addition to any other penalties provided for this 
Ordinance.
    Section 4. Severability. If any part or provision of this Ordinance 
or the application thereof to any person or circumstance is held 
invalid, the remainder of this Ordinance, including the application of 
such part or provision to other persons or circumstances, shall not be 
affected thereby and shall continue in full force and affect. To this 
end the provisions of this Ordinance are severable.
    Section 5. Effective Date. This Ordinance shall be effective on 
such date as the Secretary of the Interior certifies this Ordinance and 
publishes the same in the Federal Register.

[FR Doc. 01-12690 Filed 5-18-01; 8:45 am]
BILLING CODE 4310-02-P