[Federal Register: November 26, 2007 (Volume 72, Number 226)]
[Notices]
[Page 65981-65983]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26no07-61]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Liquor Ordinance of the Karuk Tribe of California
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Liquor Ordinance of the Karuk Tribe
of California. The Ordinance regulates and controls the possession,
sale and consumption of liquor within the Karuk tribal lands. The land
is located on trust land and this ordinance allows for the possession
and sale of alcoholic beverages within the Karuk Tribe of California
tribal lands. This ordinance will increase the ability of the tribal
government to control the distribution and possession of liquor within
their reservation and at the same time will provide funds for the
continued operation and strengthening of the Karuk tribal government
and the delivery of tribal government services.
DATES: Effective Date: This Act is effective as of November 26, 2007.
FOR FURTHER INFORMATION CONTACT: Fred Doka, Tribal Government Services
Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800
Cottage Way, Sacramento, CA 95825; Telephone (916) 978-6067; or
Elizabeth Colliflower, Office of Tribal Services, 1849 C Street, NW.,
Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 513-7627; Fax
(202) 208-5113.
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
transactions in Indian country. The Karuk Tribal Council adopted this
Ordinance pursuant to provisions of the Karuk Constitution on February
14, 2007.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs. I certify that the Karuk Tribal Council duly adopted this
Ordinance on February 14, 2007.
Dated: November 16, 2007.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
The Liquor Ordinance of the Karuk Tribe of California reads as
follows:
LIQUOR ORDINANCE
Of the Karuk Tribe of California
(a) LEGISLATIVE FINDINGS, AUTHORITY AND PURPOSE:
The Tribal Council of the Karuk Tribe of California hereby finds as
follows:
(1) The importation, distribution, manufacture and sale of
alcoholic liquor for commercial purposes on Karuk Tribal lands is a
matter of special concern to the Tribe.
(2) Federal law as embodied in 18 U.S.C. 1161 provides that certain
sections of the United States Code, commonly referred to as Federal
Indian Liquor Laws, shall not apply to any act or transaction within
any area of Indian country, provided such act or transaction is in
conformity with both the laws of the state in which such act
[[Page 65982]]
or transaction occurs, and with an act duly adopted by the Tribe having
jurisdiction over such areas of Indian country. The authority for the
Ordinance and its adoption by Tribal Council is found in the Tribal
Constitution under Article V.
(3) This Ordinance is for the purpose of regulating the sale,
possession and use of alcoholic liquor on Karuk Tribe of California
Tribal lands and other lands subject to Tribal jurisdiction.
(b) DEFINITIONS:
To the extent that definitions are consistent with tribal or
federal law, terms used herein shall have the same meaning.
(1) ``Alcoholic liquor'' shall mean any alcoholic beverage
containing more than one-half of one percent alcohol by volume, and
every liquid or solid, patented or not, containing alcohol and capable
of being consumed by a human being.
(2) ``Tribal Lands'' shall mean all lands held in trust by the
United States for the Karuk Tribe or its members.
(3) Whenever the words ``sell'' or ``to sell'' refer to anything
forbidden by this Chapter and related to alcoholic liquor, they
include:
(A) To solicit or receive an order.
(B) To keep or expose for sale.
(C) To deliver for value or in any way other than purely
gratuitously.
(D) To peddle.
(E) To keep with intent to sell.
(F) To traffic in.
(G) For any consideration, promise or obtained directly or
indirectly under any pretext or by any means or procure or allow to be
procured for any other person.
(4) The word ``sale'' includes every act of selling as defined in
subsection 2 of this section.
(c) PROHIBITED ACTIVITY:
(1) It shall be unlawful for any person to sell, trade or
manufacture any alcoholic liquor on Tribal Lands except as provided for
in this Ordinance.
(2) It shall be unlawful for any business establishment or person
on Tribal Lands to possess, transport or keep with intent to sell,
barter or trade to another, any liquor, except for those commercial
liquor establishments on Tribal Lands licensed by the Tribe, provided,
however, that a person may transport liquor from a licensed
establishment consistent with the terms of the license.
(3) It shall be unlawful for any person to consume alcoholic liquor
on a public highway.
(4) It shall be unlawful for any person to publicly consume any
alcoholic liquor at any community function, or at or near any place of
business, Indian ceremonial grounds, recreational areas, including
ballparks, and public camping areas, the Tribal Administration Office
and any other area where minors gather for meetings or recreation,
except within a tribally licensed establishment where alcohol is sold.
(5) It shall be unlawful for any person under the age of 21 years
to buy, attempt to buy or to misrepresent their age in attempting to
buy, alcoholic liquor. It shall be unlawful for any person under the
age of 21 years to transport, possess or consume any alcoholic liquor
on Tribal Lands, or to be under the influence of alcohol or to be at an
established commercial liquor establishment, except as authorized under
Section (e) of this Ordinance. No person shall sell or furnish
alcoholic liquor to any minor.
(6) Alcoholic liquor may not be given as a prize, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
(d) PROCEDURE FOR LICENSE:
(1) Any request for a license under this Ordinance must be
presented to the Tribal Council at least 30 days prior to the requested
effective date. Tribal Council shall set license conditions at least as
strict as those required by federal and applicable state law, including
at a minimum:
(A) Liquor may only be served and handled in a manner no less
strict than regulated by the California Department of Alcoholic
Beverage Control (``ABC'');
(B) The license shall be for a term not to exceed one (1) year;
(C) The licensee shall at all times maintain an orderly, clean, and
neat establishment, both inside and outside the licensed premises;
(D) The licensed premises shall be subject to patrol by Tribal law
enforcement personnel 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) No Liquor or 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 Tribal Council, 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
Tribal Council;
(H) All acts and transactions under authority of the Tribal liquor
license shall be in conformity with the laws of the State of
California, with this Liquor Ordinance, and with any Tribal liquor
license issued pursuant to this Liquor Ordinance;
(I) There shall be no discrimination in the operations under the
Tribal license by reason of race, color, or creed;
(J) Sales Taxes shall be imposed and collected on alcoholic
beverages in a manner not inconsistent with relevant State and Tribal
laws;
(K) Liquor may only be served by staff of the licensee; and
(L) Liquor may only be served in rooms where gambling is not taking
place.
(2) Council action on a license request must be taken at a regular
or special meeting. Unless the request is for a special event license,
the Council shall give at least 14 days' notice of the meeting at which
the request will be considered. Notice shall be posted at the Tribal
Council offices and at the establishment requesting the license, and
will be sent by Certified Mail to the California Department of
Alcoholic Beverage Control.
(e) SALE OR SERVICE OF LIQUOR BY LICENSEE'S MINOR EMPLOYEES:
(1) The holder of a license issued under this Ordinance may employ
persons 18, 19 and 20 years of age who may take orders for, serve and
sell alcoholic liquor in any part of the licensed premises when that
activity is incidental to the serving of food except in those areas
classified by the ABC as being prohibited to the use of minors.
However, no person who is 18, 19 or 20 years of age shall be permitted
to mix, pour or draw alcoholic liquor except when pouring is done as a
service to the patron at the patron's table or drawing is done in a
portion of the premises not prohibited to minors.
(2) Except as stated in this section, it shall be unlawful to hire
any person to work in connection with the sale and service of alcoholic
beverages in a tribally licensed liquor establishment if such person is
under the age of 21 years.
(f) WARNING SIGNS REQUIRED:
(1) Any person in possession of a valid retail liquor license, who
sells liquor by the drink for consumption on the premises or sells for
consumption off the premises, shall post a sign informing the public of
the effects and risks of alcohol consumption during pregnancy.
(2) The sign shall:
[[Page 65983]]
(A) Contain the message: ``Pregnancy and alcohol do not mix.
Drinking alcoholic beverages, including wine coolers and beer, during
pregnancy can cause birth defects.''
(B) Be either:
(i) A large sign, no smaller than eight and one-half inches by 11
inches in size with lettering no smaller than five-eighths of an inch
in height; or
(ii) A reduced sign, five by seven inches in size with lettering of
the same proportion as the large sign described in paragraph (a) of
this subsection.
(C) Contain a graphic depiction of the message to assist nonreaders
in understanding the message. The depiction of a pregnant female shall
be universal and shall not reflect a specific race or culture.
(D) Be in English unless a significant number of the patrons of the
retail premises use a language other than English as a primary
language. In such cases, the sign shall be worded both in English and
the primary language or languages of the patrons.
(E) Be displayed on the premises of all licensed retail liquor
premises as either a large sign at the point of entry, or a reduced
sized sign at points of sale.
(3) The person described in subsection (1) of this section shall
also post signs of any size at places where alcoholic beverages are
displayed.
(g) CIVIL PENALTY:
(1) Any person who violates the provisions of this Ordinance is
deemed to have consented to the jurisdiction of the Tribal Court and
may be subject to a civil penalty in Tribal Court for a civil
infraction. Such civil penalty shall not exceed the sum of $1,000 for
each such infraction, provided, however, that the penalty shall not
exceed $5,000 if it involves minors.
(2) The procedures governing the adjudication in Tribal Court of
such civil infractions shall be those set out in the Tribal Court
Ordinance.
(3) The Tribal Council hereby specifically finds that such civil
penalties are reasonably necessary and are related to the expense of
governmental administration necessary in maintaining law and order and
public safety on Tribal Lands and in managing, protecting and
developing the natural resources in the aboriginal territory. It is the
legislative intent of the Tribal Council that all violations of this
Chapter, whether committed by Tribal members, non-member Indians, or
non-Indians, be considered civil in nature rather than criminal.
(h) LICENSE NOT A PROPERTY RIGHT:
Notwithstanding any other provision of this Liquor 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 a license/permit in
a subsequent time period.
(i) ASSIGNMENT OR TRANSFER:
No Tribal license issued under this Liquor Ordinance shall be
assigned or transferred without the prior written approval of the
Tribal Council expressed by formal resolution.
(j) SEVERABILITY:
If a court of competent jurisdiction finds any provision of this
Ordinance to be invalid or illegal under applicable Federal or Tribal
law, such provision shall be severed from this Ordinance and the
remainder of this Ordinance shall remain in full force and effect.
(k) CONSISTENCY WITH STATE LAW:
The Karuk Tribe of California agrees to perform in the same manner
as any other California business entity for the purpose of liquor
licensing and regulations, including but not limited to licensing,
compliance with the regulations of the ABC, maintenance of liquor
liability insurance. This provision is not intended to waive KTOC's
sovereign immunity status or submit KTOC to any jurisdiction
inconsistent with such status.
(l) EFFECTIVE DATE:
This Ordinance shall be effective upon publication in the Federal
Register after approval by the Secretary of the Interior or his
designee.
(m) CERTIFICATION:
I, the Chairman, hereby certify the foregoing Ordinance which was
approved at a meeting on the 14th day of February, 2007, was duly
adopted by a vote of 5 AYES, 0 NOES, 0 ABSTAIN, and said Ordinance has
not been rescinded or amended in any way. The Tribal Council is
comprised of 9 members of which 5 voted.
/s/Arch Super
Arch Super, Chairman
/s/ Florrine Super, Secretary
Florrine Super, Secretary
[FR Doc. E7-22929 Filed 11-23-07; 8:45 am]
BILLING CODE 4310-4J-P