Federal Register / Vol. 60, No. 122 / Monday, June 26, 1995 / Notices

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Federal Register / Vol. 60, No. 122 / Monday, June 26, 1995 / Notices

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

The Twenty-Nine Palms Band of

Mission Indians Liquor Control

Ordinance

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 DM8, and in accordance with the

Act of August 15, 1953, 67 Stat 586, 18

U.S.C. 1161. I certify that the TwentyNine Palms Band of Mission Indians

Liquor Ordinance was duly adopted by

the Twenty-Nine Palms Band of Mission

Indians on October 6, 1994, and

amended twice, by resolution No.

950608 of June 8, 1995, and by

resolution No. 950615A of June 15,

1995. The Ordinance provides for the

regulation, distribution, possession,

sale, and consumption of liquor on

lands held in trust belonging to the

Twenty-Nine Palms Band of Mission

Indians.

DATES: This ordinance is effective as of

June 26, 1995.

FOR FURTHER INFORMATION CONTACT:

Chief, Branch of Judicial Services,

Division of Tribal Government Services,

1849 C Street, NW., MS 2611–MIB,

Washington, DC 20240–4001; telephone

202/208–4400.

SUPPLEMENTARY INFORMATION: The

Twenty-Nine Palms Band of Mission

Indians Liquor Control Ordinance is to

read as follows:

Liquor Ordinance of the Twenty-Nine

Palms Band of Mission Indians

Chapter I—Introduction

101. Title. This ordinance shall be

known as the ‘‘Liquor ordinance of

the Twenty-Nine Palms Band of

Mission Indians.’’

102. Authority. This ordinance is

enacted pursuant to the Act of

August 15, 1953 (Pub. L. 83–277, 67

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

Article 6A(5) of the Twenty-Nine

Palms Band of Mission Indians

Articles of Association.

103. Purpose. The purpose of this

ordinance is to regulate and control

the possession and sale of liquor on

the Twenty-Nine Palms 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 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.

Chapter II—Definitions

201. As used in this 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 beer, as herein defined.

205. ‘‘Beer.’’ Means any beverage

obtained by the alcoholic

fermentation of an infusion or

decoction 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 purposes 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. ‘‘Committee.’’ Means the Business

Committee of the Twenty-nine

Palms Band of Mission Indians.

207. ‘‘General Council.’’ Means the

general council of the Twenty-nine

Palms Band of Mission Indians

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

substances, 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 ordinance,

including 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

purposes of this 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

Twenty-nine Palms Band of

Mission Indians (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 Twenty-nine

Palms Band of Mission Indians.

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 and

such land leased to other parties.

Federal Register / Vol. 60, No. 122 / Monday, June 26, 1995 / Notices

218. ‘‘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.

219. ‘‘Trust Account.’’ Means the

account designated by the tribal

treasurer for deposit of proceeds

from the tax from the sale of

alcoholic beverages.

220. ‘‘Trust Agent.’’ Means the tribal

Chairperson or a designee of the

Chairperson.

Chapter III—Powers of Enforcement

301. Powers. The Committee, in

furtherance of this 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

Committee to perform its functions.

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 ordinance or for the issuance or

revocation of licenses hereunder;

e. To bring suit in the appropriate

court to enforce this ordinance as

necessary;

f. To determine and seek damages for

violation of this 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 Committee, 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 ordinance, the

Committee 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

Committee at all reasonable times

for the purposes of ascertaining

whether the rules and regulations of

this ordinance are being complied

with.

Chapter IV—Sales of Liquor

401. Licenses Required. No sales of

alcoholic beverages shall be made

within the exterior boundaries of

the Reservation, except at a triballylicensed or tribally-owned business

operated on tribal land within the

exterior boundaries of the

Reservation.

402. Sales 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 major credit

cards such as 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 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 ordinance and shall be

subjected to paying damages to the

Tribe as set forth herein.

Chapter V—Licensing

501. Applicable for Tribal Liquor

License Requirements. No tribal

license shall issue under this

ordinance except upon a sworn

application filed with the

Committee 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.

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 intoxicating beverages

are to be sold, proof that the

applicant is the owner of such

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premises, or 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 $250.00 fee as

prescribed by the Committee.

f. Satisfactory proof that neither the

applicant nor the applicant’s spouse

has ever been convicted of a felony.

g. Satisfactory proof that notice of the

application has been posted in a

prominent, noticeable place on the

premises where intoxicating

beverages are to be sold for at least

30 days prior to consideration by

the Committee and has been

published at least twice in such

local newspaper serving the

community that may be affected by

the license of the Tribal Chairman

or Secretary may authorize. The

notice shall state the date, time, and

place when the application shall be

considered by the Committee

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 Committee in

open session at which the

applicant, his 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 Committee, 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 Committee, in its

discretion, determines that granting

the license is in the best interests of

the Tribe.

In the event that the applicant is a

member of the General Council, or a

member of the immediate family of a

General Council member, such member

shall not vote on the application or

participate in the hearings as a

Committee member.

503. Temporary Permits. The Committee

or their designee may grant a

temporary permit for the sale of

intoxicating beverages for a period

not to exceed three (3) days to any

person applying for the same in

connection with a tribal or

community activity, provided that

the conditions prescribed in Section

504 of this ordinance shall be

observed by the permittee. Each

permit issued shall specify the

types of intoxicating beverages to be

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Federal Register / Vol. 60, No. 122 / Monday, June 26, 1995 / Notices

sold. Further, a fee of $25.00 will be

assessed on temporary permits.

504. Conditions of the Tribal License.

Any tribal license issued under this

title shall be subject to such

reasonable conditions as the

Committee shall fix, including, but

not limited to the following:

a. The license shall be for a term not

to exceed 1 year.

b. The license shall at all times

maintain an orderly, clean, and neat

establishment, both inside and

outside the licensed premises.

c. The State of California shall have

jurisdiction over offenses and civil

causes of action committed on the

licensed premises to the same

extent that it has jurisdiction over

offenses civil causes of action

committed elsewhere within

California, and the California

criminal laws, and civil laws of

general applicability to private

persons or private property, shall

have the same force and effect on

the licensed premises as they have

elsewhere in California.

d. The licensed premises shall be

subject to patrol by the tribal police

department, and such other law

enforcement officials as may be

authorized under federal,

California, or tribal law.

e. The licensed premises shall be

open to inspection by duly

authorized tribal officials at all

times during the regular business

hours.

f. Subject to the provisions of

subsection ‘‘g’’ of this section, no

intoxicating 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

Committee, 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.

g. 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 Committee.

h. All acts and transactions under

authority of the tribal liquor license

shall be in conformity with the laws

of the State of California, and shall

be in accordance with this

ordinance and any tribal license

issued pursuant to this ordinance.

i. 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 and/or area.

j. 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 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

the granting of such license for a

subsequent time period.

506. Assignment or Transfer. No tribal

license issued under this ordinance

shall be assigned or transferred

without the written approval of the

Committee expressed by formal

resolution.

Chapter VI—Rules, Regulations, and

Enforcement

601. Sales 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 ordinance, or who shall operate

or shall have liquor in his

possession with intent to sell or

distribute without a permit, shall be

guilty of a violation of this

ordinance.

602. Purchases From Other Than

Licensed Facilities. Any person

within the boundaries of the

Reservation who buys liquor from

any person other than at a properly

licensed facility shall be guilty of a

violation of this 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 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 or

such person who shall knowingly

permit any person to drink any

liquor in any public conveyance

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

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 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

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

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 ordinance.

608. Use of False or Altered

Identification. Any person who

attempts to purchase an alcoholic

beverage through the use of false or

altered identification which falsely

purports to show the individual to

be over the age of 21 years shall be

guilty of violating this ordinance.

609. Violations of This Ordinance. Any

person guilty of a violation of this

ordinance shall be liable to pay the

Tribe a penalty not to exceed $500

per violation as civil damages to

defray the Tribe’s cost of

enforcement of this ordinance. In

addition to any penalties so

imposed, any license issued

hereunder may be suspended or

cancelled by the Committee for the

violation of any of the provisions of

this ordinance, or of the tribal

license, upon hearing before the

Committee after 10 days notice to

the licensee. The decision of the

Committee shall be final.

610. Acceptable Identification. Where

there may be a question of a

person’s right to purchase liquor by

reason of his age, such person shall

be required to present any one of

the following issued cards of

identification which shows his

correct age and bears his signature

and photograph:

1. Driver’s license of any state or

identification card issued by any

State Department of Motor Vehicles;

2. United States Active Duty Military;

3. Passport

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611. Possession of Liquor Contrary to

This Ordinance. Alcoholic

beverages which are possessed

contrary to the terms of this

ordinance are declared to be

contraband. Any tribal agent,

employee, or officer who is

authorized by the Committee 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 the ordinance

by the Committee, the party shall

forfeit all right, title and interest in

the items seized which shall

become the property of the Tribe.

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 said 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

Committee, such a review or audit

is necessary to verify the accuracy

of reports.

Chapter VII—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, including payments by

major credit cards. 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 for the sale of

alcoholic beverages on the

Chapter VIII—Profits

801. Disposition of Proceeds. The gross

proceeds collected by the

Committee from all licensing

provided 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.

Chapter IX—Severability and

Miscellaneous

901. Severability. If any provision or

application of this ordinance is

determined by review to be invalid,

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such adjudication shall not be held

to render ineffectual the remaining

portions of this title or to render

such provisions inapplicable to

other persons or circumstances.

902. Prior Enactments. And all prior

enactments of the Committee which

are inconsistent with the provisions

of this ordinance are hereby

rescinded.

903. Conformance with California Laws.

All acts and transactions under this

ordinance shall be in conformity

with the laws of the State of

California as that term is used in 18

U.S.C. 1161.

904. Effective Date. This ordinance shall

be effective on June 26, 1995, such

date as the Secretary of the Interior

certifies this ordinance and

publishes the same in the Federal

Register.

Chapter X—Amendment

1001. This ordinance may only be

amended by a majority vote of the

General Council.

Chapter XI—Sovereign Immunity

1101. Nothing contained in this

ordinance is intended to, nor does

in any way limit, alter, restrict, or

waive the Tribe’s sovereign

immunity from unconsented suit or

action.

Dated: June 16, 1995.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 95–15529 Filed 6–23–95; 8:45 am]

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