[Federal Register Volume 65, Number 244 (Tuesday, December 19, 2000)]
[Notices]
[Pages 79417-79420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32318]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Liquor Ordinance of the Jamul Indian Village, Jamul, California
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Jamul Indian Village's Liquor
Ordinance. The Ordinance regulates the control of, the possession of,
and the sale of liquor on the Jamul Indian Village's trust lands, and
is in conformity with the laws of the State of California, where
applicable and necessary. Although the Ordinance was adopted on July
20, 1996, 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 December 19, 2000.
FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal
Services, 1849 C Street, NW, MS 4631-MIB, Washington, D.C. 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 Jamul Indian Village's Liquor
Ordinance, Resolution No. 96-16, was duly adopted by the Jamul Indian
Village General Council on July 20, 1996. The Jamul Indian Village, 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 Jamul Indian Village.
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. 96-16, the Jamul Indian Village's
Liquor Ordinance was duly adopted by the Jamul Indian Village General
Council on July 20, 1996.
Dated: December 11, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
The Jamul Indian Village's Liquor Ordinance, Resolution No. 96-16,
reads as follows:
Liquor Ordinance of The Jamul Indian Village
Chapter I--Introduction
101. Title. This ordinance shall be known as the ``Liquor Ordinance
of the Jamul Indian Village.''
102. Authority. This ordinance is enacted pursuant to the Act of
August 15, 1953, (Public Law 83-277, 67 Stat. 588, 18 U.S.C. 1161) and
Article VIII of the Constitution of the Jamul Indian Village.
103. Purpose. The purpose of this ordinance is to regulate and
control the possession and sale of liquor on the Jamul 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 4 percent of alcohol by volume. For the
purposes of this title, any such beverage, including ale, stout, and
porter, containing more than 4
[[Page 79418]]
percent of alcohol by weight shall be referred to as ``strong beer.''
206. Committee means the Business Committee of the Jamul Indian
Village.
207. General Council means the general council of the Jamul Indian
Village 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 1 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
establishments; public buildings, public meeting halls, lobbies, halls
and dining rooms of hotels, restaurants, theaters, 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 and 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 Jamul Indian Village (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 mean any beverage, which contains alcohol obtained by
distillation, including wines exceeding 17 percent of alcohol by
weight.
216. Tribe means the Jamul Indian Village.
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 such land leased to other parties.
218. Trust Account means the account designated by the tribal
treasurer for deposit of proceeds from the tax on the sale of alcoholic
beverages.
219. Trust Agent means the tribal Chairperson or a designee of the
Chairperson.
220. 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 17 percent of alcohol by weight, including sweet wines fortified
with wine spirits such as port, sherry, muscatel, and angelica, not
exceeding 17 percent of alcohol by weight.
Chapter III--Powers of Enforcement
301. Powers. The Committee, in furtherance of the 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 hearing 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 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 time 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
tribally-licensed 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.
404. Sale for Personal Consumption. All sales shall be for the
personal use and consumption of the purchaser. The 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. Application for Tribal Liquor License--Requirements. No tribal
license shall be issued 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
premises, or lessee of
[[Page 79419]]
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 a $100.00 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. 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/her 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:
(a) Whether the requirements of section 501 have been met;
(b) Whether the Committee, in its discretion, determines that
granting the license is in the best interest of the Tribe, and
(c) 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 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 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 2 years.
(b) The license shall at all times maintain an orderly, clean, and
neat establishment, both inside and outside the licensed premises.
(c) 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.
(d) The licensed premises shall be open to inspection by duly
authorized tribal officials at all times during the regular business
hours.
(e) 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.
(f) No liquor shall be sold within 200 feet of a polling place on
tribal election days, or when a referendum is held by the people of the
tribe, and including special days of observation as designated by the
Committee.
(g) 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.
(h) 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.
(i) 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
of 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/her 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 of 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/her possession any alcoholic beverage. No person shall
permit any other person under the age of 21 to consume liquor on his/
her premises or any premises under his/her 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
[[Page 79420]]
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 canceled 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/her age, such person
shall be required to present any one of the following issued cards of
identification which shows his/her correct age and bears his/her
signature and photograph:
(a) Driver's license of any state or identification card issued by
any State Department of Motor Vehicles;
(b) United States Active Duty Military identification; or
(c) Passport.
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 applicable
law. 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.
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
1 percent 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 agent
of the Tribe.
703. Taxes Due. All taxes for the sale of alcoholic beverages on
the Reservation are due within 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
taxpayers 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 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; and
(b) The remainder shall be turned over to the 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, 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. 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 such date
as the Secretary of the Interior certifies this ordinance and publishes
the same in the Federal Register.
Chapter X--Adoption and Amendment
1001. This ordinance shall be adopted and may be amended by a
majority vote of the General Council at a duly called meeting 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.
[FR Doc. 00-32318 Filed 12-18-00; 8:45 am]
BILLING CODE 4310-02-P