[Federal Register Volume 65, Number 244 (Tuesday, December 19, 2000)]
[Notices]
[Pages 79416-79417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32317]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Campo Band of Mission Indians Liquor Control Ordinance, Campo, CA
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Campo Band of Mission Indians Liquor
Control Ordinance. The ordinance regulates the control of, the
possession of, and the sale of liquor on the Campo Band of Mission
Indians trust lands, and is in conformity with the laws of the State of
California, where applicable and necessary. Although the ordinance was
adopted on March 26, 2000, it does not become effective until published
in the Federal Register because failure to comply with the ordinance
may result in criminal charges.
DATES: This ordinance is effective on December 19, 2000.
FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal
Services, 1849 C Street, NW, MS-4631-MIB, Washington, DC 20240-4001;
telephone (202) 208-4400.
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 Campo Band of Mission Indians Liquor
Control Ordinance, Resolution No. 26-03-00-01, was duly adopted by the
Campo General Council on March 26, 2000. The Campo Band of Mission
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 Campo Band of Mission 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.
I certify that by Resolution No. 26-03-00-01, the Campo Band of
Mission Indians Liquor Control Ordinance was duly adopted by the Campo
Band General Council on March 26, 2000.
Dated: December 11, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs
The Campo Band of Mission Indians Liquor Control Ordinance,
Resolution No. 26-03-00-01, reads as follows:
Campo Liquor Control Ordinance
Be It Enacted by the General Council of the Campo Indian
Reservation, Campo Band of Mission Indians, sometimes referred to as
the Campo Band of Mission Indians (hereinafter, ``Campo Band'') as
follows:
Article 1: Name
This ordinance shall be known as the Campo Liquor Control
Ordinance.
Article 2: 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 IV of the
Constitution and Bylaws of the Campo Band of Mission Indians.
Article 3: Purpose
The purpose of this ordinance is to regulate and control the
possession and sale of liquor on the Campo Indian Reservation, and to
permit alcohol sales by tribally owned and operated enterprises, and at
tribally approved special events, for the purpose of the economic
development of the Campo Band. The enactment of a tribal ordinance
governing liquor possession and sales on the Campo Indian Reservation
will increase the ability of tribal government to control Reservation
liquor distribution and possession, and will provide an important
source of revenue for the continued operation and strengthening of the
tribal government, the economic viability of tribal enterprises, and
the delivery of tribal government services. This Liquor Control
Ordinance is in conformity with the laws of the State of California as
required by 25 U.S.C. Sec. 1161, and with all applicable federal laws.
Article 4: Effective Date
This ordinance shall be effective as of the date of its publication
in the Federal Register.
Article 5: Possession of Alcohol
The introduction or possession of alcoholic beverages shall be
lawful within the exterior boundaries of the Campo Indian Reservation;
provided that such introduction or possession is in conformity with the
laws of the State of California.
Article 6: Sales of Alcohol
(1) The sale of alcoholic beverages by business enterprises owned
by and subject to the control of the Campo Band shall be lawful within
the exterior boundaries of the Campo Indian Reservation; provided that
such sales are in conformity with the laws of the State of California.
(2) The sale of alcoholic beverages by the drink at special events
authorized by the Campo Band shall be lawful within the exterior
boundaries of the Campo Indian Reservation; provided that such sales
are in conformity with the laws of the State of California and with
prior
[[Page 79417]]
approval by Resolution of the General Council of the Campo Band.
Article 7: Age Limits
The drinking age within the Campo Indian Reservation shall be the
same as that of the State of California, which is currently 21 years.
No person under the age of 21 years shall purchase, possess or consume
any alcoholic beverage. At such time, if any, as California Business
and Profession Code Sec. 25658, which sets the drinking age for the
State of California, is repealed or amended to raise or lower the
drinking age within California, this Article shall automatically become
null and void, and the Tribal Council shall be empowered to amend this
Article to match the age limit imposed by state law.
Article 8: Civil Penalties
The Campo Band, through its Tribal Council and duly authorized
security personnel, shall have the authority to enforce this ordinance
by confiscating any liquor sold, possessed or introduced in violation
hereof. The Tribal Council shall be empowered to sell such confiscated
liquor for the benefit of the Campo Band, and to develop and approve
such regulations as may become necessary for enforcement of this
ordinance.
Article 9: Prior Inconsistent Enactments
Any prior tribal laws, resolutions or ordinances which are
inconsistent with this ordinance are hereby repealed to the extent they
are inconsistent with this ordinance. An ordinance legalizing the
introduction, sale, or possession of intoxicants on the Campo Indian
Reservation, California, was published in the Federal Register of
February 6, 1968 (33 FR 2612).
Article 10: Sovereign Immunity
Nothing contained in this ordinance is intended to, nor does in any
way, limit, alter, restrict, or waive the sovereign immunity of the
Campo Development Corporation, from unconsented suit or action of any
kind.
Article 11: Severability
If any provision of this ordinance is found by any agency or court
of competent jurisdiction to be unenforceable, the remaining provisions
shall be unaffected thereby.
Article 12: Amendment
This ordinance may be amended by majority vote of the General
Council of the Campo Band at a duly noticed General Council meeting.
[FR Doc. 00-32317 Filed 12-18-00; 8:45 am]
BILLING CODE 4310-02-P