[Federal Register: May 19, 2003 (Volume 68, Number 96)]
[Notices]
[Page 27102-27103]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19my03-84]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
United Auburn Indian Community Ordinance for the Sale and
Consumption of Alcoholic Beverages
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Tribal Council No. 09-16-02-01
regulating the Sale and Consumption of Alcoholic Beverages for the
United Auburn Indian Community. The Ordinance regulates and controls
the possession, sale and consumption of liquor within the boundaries of
the United Auburn Indian Community at a gaming facility located on
tribal trust lands in Placer County, California. No alcoholic beverages
may be sold at any location pursuant to this Ordinance other than
within the facility. The Ordinance is in conformity with the laws of
the State of California, where applicable and necessary. Although the
Ordinance was adopted on September 16, 2002, it does not become
effective until published in the Federal Register because the failure
to comply with the Ordinance may result in criminal charges.
EFFECTIVE DATE: This Ordinance is effective on May 19, 2003.
FOR FURTHER INFORMATION CONTACT: Iris Drew, Southwest Regional Office,
Branch of Tribal Government, PO Box 26567, Albuquerque, New Mexico
87125-6567; Telephone (505) 346-7592 or Ralph Gonzales, Office of
Tribal Services, 1951 Constitution Ave., NW., MS-320-SIB, Washington,
DC 20240; Telephone (202) 513-7629.
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 United Auburn Indian Community
enacted Tribal Council Ordinance No. 09-16-02-01, on September 16,
2002, for the purpose of governing the sale and consumption of
alcoholic beverages only at its Indian gaming facility on tribal trust
lands in Placer County, California. The facility is expected to open on
or about June 1, 2003.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Assistant Secretary--Indian
Affairs by 209 Departmental Manual 8.1. I certify that Tribal Council
Ordinance No. 09-16-02-01, Sale and Consumption of Alcoholic Beverages
at the gaming facility, located on tribal trust lands in Placer County,
California, was duly adopted by the United Auburn Indian Community on
September 16, 2002.
Dated: May 9, 2003.
Aurene M. Martin,
Assistant Secretary--Indian Affairs.
The United Auburn Indian Community Ordinance for the Sale and
Consumption of Alcoholic Beverages, Tribal Council Ordinance No. 09-16-
02-01, reads as follows:
United Auburn Indian Community, Placer County, California, Tribal
Council Ordinance No. 09-16-02-01
Sale and Consumption of Alcoholic Beverages
The Tribal Council, governing body of the United Auburn Indian
Community (hereinafter ``Tribe''), hereby enacts this Ordinance to
govern the sale and consumption of alcoholic beverages at
[[Page 27103]]
its Indian gaming facility on tribal trust lands.
Preamble
1. Title 18, United States Code, Section 1161, provides Indian
tribes with authority to enact ordinances governing the consumption and
sale of alcoholic beverages on their Reservations, provided such
ordinance is certified by the Secretary of the Interior, published in
the Federal Register and such activities are in conformity with state
law.
2. Pursuant to Article IV Section 1 and Article VIII Section 1
subsections (i) and (j) of the Tribe's Constitution, the Tribal Council
is the governing body of the Tribe with the power to enact ordinances
to promote the economic well-being of the Tribe and the general welfare
of its members.
3. The Tribe plans to own and operate a gaming facility located on
tribal trust lands in Placer County, California, APN-021-280-088
(hereinafter ``Facility''), at which Class III Gaming will be conducted
pursuant to the Tribe's Gaming Ordinance and a Compact executed with
the State of California on September 10, 1999, ratified by the
California Legislature, approved by the Secretary of the Interior on
May 5, 2000, and published in the Federal Register on May 16, 2000.
4. The Facility, located on this trust land, will be an integral
and indispensable part of the Tribe's economy, providing income to the
Tribe and training and employment to its members.
5. The Facility will include restaurant and lounge areas in which
food and beverages will be served to patrons who may also desire to
consume alcoholic beverages.
6. The Tribal Council has determined that it is in the Tribe's best
interest to offer alcoholic beverages for sale and consumption at the
Facility.
7. It is the purpose of this Ordinance to set out the terms and
conditions under which the sale of said alcoholic beverages may take
place.
General Terms
1. The sale of alcohol within the Facility, for on-Facility
consumption only, is hereby authorized.
2. No alcoholic beverages may be sold at any location pursuant to
this Ordinance other than within the Facility.
3. The sale of said alcoholic beverages authorized by this
Ordinance shall be in conformity with all applicable laws of the State
of California, and the sale of said beverages shall be subject to state
sales tax, federal excise tax and any fees required by the Federal
Bureau of Alcohol, Tobacco & Firearms. This includes but is not limited
to the following examples:
a. No person under the age of 21 years shall consume, acquire or
have in his or her possession at the Facility any alcoholic beverage.
b. No person shall sell alcohol to any person under the age of 21
at the Facility.
c. No person shall sell alcohol to a person apparently under the
influence of liquor at the Facility.
4. Where there may be a question of a person's right to purchase
liquor by reason of his or her age, such person shall be required to
present any one of the following types of identification which shows
his or her correct age and bears his or her signature and photograph:
(1) Driver's license or identification card issued by any state
Department of Motor Vehicles; (2) United States Active Duty Military
card; (3) passport.
5. All liquor sales within the Facility 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.
Posting
This Ordinance shall be conspicuously posted within the Facility at
all times it is open to the public.
Enforcement
1. This Ordinance may be enforced by the Tribal Gaming Commission
by implementation of monetary fines not to exceed $500 and/or
withdrawal of authorization to sell alcohol at the Facility. Prior to
any enforcement action, Tribal Gaming Commission shall provide the
alleged offender of this ordinance with at least three (3) days notice
of an opportunity to be heard during a specially-called meeting. The
decision of the Tribal Gaming Commission shall be final.
2. This Ordinance also may be enforced by the Placer County
Sheriff's Office at the request of the Tribal Gaming Commission.
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.
Amendment
This ordinance may only be amended by a majority vote of the Tribal
Council.
Sovereign Immunity
Nothing in this ordinance in any way limits, alters, restricts or
waives the Tribe's sovereign immunity from unconsented suit or action.
Effective Date
This Ordinance shall become effective following its certification
by the Secretary of the Interior and its publication in the Federal
Register.
Certification
The foregoing ordinance was adopted by a vote of 5 for, and 0
against and 0 abstentions, at a duly called meeting of the United
Auburn Indian Community Tribal Council at which a quorum was present,
on this 16th day of September, 2002.
[FR Doc. 03-12407 Filed 5-16-03; 8:45 am]