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

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- **Collection:** Tribal code
- **Document type:** Tribal code

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33068

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

33069

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

33070

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

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

33071

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]
BILLING CODE 4310–02–P

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