[Federal Register Volume 60, Number 211 (Wednesday, November 1, 1995)]
[Notices]
[Pages 55588-55589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27102]
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DEPARTMENT OF THE INTERIOR
Yerington Paiute Tribe--Liquor Control Ordinance No. OY-95-04
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August
15, 1953, 67 Stat. 586, 18 U.S.C. Sec. 1161. I certify that the
Yerington Paiute Tribe--Liquor Control Ordinance was duly adopted by
the Yerington Paiute Tribe on October 19, 1994. The ordinance provides
for the regulation, distribution, possession, sale, and consumption of
liquor on lands held in trust belonging to the Yerington Paiute Tribe.
DATES: This ordinance is effective as of November 1, 1995.
FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services,
Division of Tribal Government Services, 1849 C Street, N.W., MS 2611
MIB, Washington, D.C. 20240-4001; telephone 202/208-4400.
SUPPLEMENTARY INFORMATION: The Yerington Paiute Tribe Liquor Control
Ordinance is to read as follows:
Law and Order Code
Title 18--Alcohol Control
18-10 Legalization of Alcohol and Repealer
18-10-010 Introduction of Alcoholic Beverages
(a) The introduction, possession, use and consumption of alcoholic
beverages shall be lawful within the exterior boundaries of the land in
the State of Nevada under the territorial jurisdiction of the Yerington
Paiute Tribe so long as it is done in accordance with the provisions of
this Title and any other ordinance or laws of the Yerington Paiute
Tribe not inconsistent with this Title.
(b) As used in this ordinance ``Alcoholic Beverages'' means liquor,
beer, wine, and every liquid containing one-half of one percent or more
alcohol by volume and which is used for beverage purposes
18-10-020 Repeal
All ordinance resolutions or acts of the Yerington Paiute Tribal
Council which are in conflict with this Title are hereby repealed.
18-20 Minors, Disturbing the Peace
18-20-010 Drinking Age
It is unlawful for any person under the age of 21 years to possess,
sell, trade, consume, receive, transfer, manufacture, or give away any
alcoholic beverages including but not limited to wine, beer, ale and
hard liquor.
18-20-020 Providing Liquor to Minors
It is unlawful for any person to furnish any alcoholic beverage to
any person under the age of 21 years or to leave or to deposit any
alcoholic beverages with the intent or implication that the alcoholic
beverage shall be procured by any person under the age of 21.
Punishment for this offense shall be the same as for driving under the
influence under Section 18-30-020 except that there shall be no driving
privilege suspension.
18-20-030 Drinking in Public Prohibited
It is unlawful for any Person to use or consume alcoholic beverages
in any public place except as allowed by special tribal permit pursuant
to Section 18-40-020.
[[Page 55589]]
18-20-040 Disturbing the Peace While Intoxicated
It is unlawful for any person to create a disturbance or nuisance
in a public or private place while under the influence of alcohol if
said disturbance or nuisance interrupts another in the quiet enjoyment
(appropriate to time and place) of public or private property.
18-30 Vehicles and Alcohol
18-30-010 Vehicles and Open Containers
It is unlawful to use, consume or possess any open bottle, can,
package or container of alcoholic beverage in any part of a motor
vehicle with access available to the driver or passengers while such
vehicle is moving. An open container shall be any container with the
seal broken that is not completely empty.
18-40 Selling Liquor, Special Permits
18-40-010 Selling Liquor
Except as set forth in 18-40-020, Special Permits, below, it shall
be unlawful to sell alcoholic beverages by the glass, bottle, can or
package except on the premises of a business operated by the Yerington
Paiute Tribe.
18-40-020 Special Permits
The Tribal Council may issue and sell special permits to private
individuals or groups who have applied for such a permit, for the
public sale and consumption of beer and wine within certain
particularly defined areas for special occasions.
18-50 Punishment, Bail, Civil Protective Custody, Impound
18-50-010 Punishment
(a) Any Indian who violates any provision of this Title shall be
deemed guilty of a Class A offense. All periods of jail time whether
mandatory or discretionary, imposed relative to an offense for
intoxicating beverages, may be substituted day for day by placement in
a residential treatment center.
(b) Any Non-Indian who violates any provision of this Title shall
be referred to the State of Nevada and/or Federal Law Enforcement
authorities for prosecution under applicable law.
18-50-020 Bail
The minimum bail for any offense under this Title is $500.00.
18-50-030 Civil Protective Custody
(a) Assuming a person is not committing any offense under this
Title (eg. public consumption, disturbing the peace) then it shall not
be unlawful to merely appear in a public or private place in an
intoxicated condition.
(b) However, except as provided in subsection (f), any person shall
be placed under civil protective custody by a peace officer, if found
in a public or private place under the influence of alcohol in such a
condition that he is unable to exercise care for his own health or
safety or the health or safety of others for whom the person is
responsible and where no one else is present to insure such health or
safety of the person or others.
(c) A peace officer may use upon such person such force as would be
lawful if he were effecting an arrest.
(d) If a licensed facility for treatment of alcohol abusers exists
for convenient use of the Yerington Paiute Tribe, any such Indian
person shall be taken there. If no such facility exists the person
shall be placed in the jail facility used by the Yerington Paiute Tribe
for the person's own health and safety. Placement shall be until the
person is not under the influence of alcohol or a period not less than
12 hours, except that the person may not be kept against his will for
longer than 72 hours.
(e) The placement of such Indian person in civil protective custody
shall be recorded at the facility or jail to which he is delivered and
communicated at the earliest practical time to his family or next of
kin if they can be located.
(f) The provisions of this section shall not apply to any driver
arrested for the offense of operating a vehicle under the influence of
alcoholic beverage.
(g) Any Non-Indian person taken into civil protective custody shall
be referred to the State of Nevada and/or Federal Law Enforcement
authorities or any other agency of the State of Nevada which would have
authority to receive and/or assist such a person had said person taken
into civil protective custody under the laws of the State of Nevada.
Dated: October 19, 1995.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 95-27102 Filed 10-31-95; 8:45 am]
BILLING CODE 4310-02-P
