[Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
[Notices]
[Pages 69779-69780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31394]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Jackson Band of Miwuk Indians of the Jackson Rancheria
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This Notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM8, and in accordance with the Act of August 15,
1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Sec. 1161), as
interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713
(1983). This notice certifies that Ordinance No. 99-04, the JACKSON
BAND OF MIWUK INDIANS OF THE JACKSON RANCHERIA, was duly adopted by the
Jackson Rancheria Tribal Council on October 26, 1997. The Ordinance
provides for the regulation of the activities of the manufacture,
distribution, sale, and consumption of liquor in the area of Jackson
Rancheria lands under the jurisdiction of the Jackson Rancheria.
DATES: This Ordinance is effective as of December 14, 1999.
FOR FURTHER INFORMATION CONTACT: Jim James, Branch of Judicial
Services, Division of Tribal Government Services, Office of Tribal
Services, 1849 C Street NW, MS 4631-MIB, Washington, DC 20240-4001;
telephone (202) 208-4400.
SUPPLEMENTARY INFORMATION: The JACKSON BAND OF MIWUK INDIANS OF THE
JACKSON RANCHERIA Ordinance No. 99-04 is to read as follows:
Jackson Band of Miwuk Indians of the Jackson Rancheria Amador
County, California Tribal Council Ordinance No. 99-04
Sale and Consumption of Alcoholic Beverages
The Tribal Council of the Jackson Band of Miwuk Indians of the
Jackson Rancheria (hereinafter ``Council''), governing body of the
Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter
``Tribe''), hereby enacts this Ordinance to govern the sale and
consumption of alcoholic beverages on Rancheria 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 III Section 1 and Article VI of the Tribe's
Constitution, the Tribal Council is the governing body of the Tribe
with the power to enact ordinances to promote the general welfare and
economic advancement of the Tribe and its members.
3. The Tribe is the owner and operator of a Conference Center
located on the Rancheria known as the Jackson Rancheria Conference
Center (hereinafter ``Conference Center''), at which events will be
held during which certain food items are provided to the Tribe and the
general public.
4. Said Conference Center, located on trust land, is an integral
and indispensable part of the Tribe's economy, providing income to the
Tribe and training and employment to its members.
5. The Tribal Council has determined that it is now in its best
interest to offer for sale at events held at the Conference Center, for
on-premises consumption only, alcoholic beverages.
6. 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 at the Conference Center, for on-premises
consumption only, is hereby authorized.
2. No alcoholic beverages may be sold at any location on the
Rancheria other than the Conference Center. For the purpose of this
section, the term ``premises'' shall include the Conference Center and
an area of 50 yards around its perimeter.
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 Conference Center any alcoholic
beverage.
B. No person shall sell alcohol to any person under the age of 21
at the Conference Center.
C. No person shall sell alcohol to a person apparently under the
influence of liquor.
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 at the Conference Center 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 at the Conference
Center at all times it is open to the public.
Enforcement
1. This Ordinance may be enforced by the Tribal Council by
implementation of monetary fines not to exceed $500 and/or withdrawal
of authorization to sell alcohol at the Conference Center. Prior to any
enforcement action, the Tribal Council 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 Tribal Council
meeting. The decision of the Tribal Council shall be final.
2. This Ordinance also may be enforced by the Amador County
Sheriff's Office at the request of the Tribal Council.
3. In the exercise of its powers and duties under this ordinance,
the Tribal Council and its individual members shall not accept any
gratuity or compensation from any liquor wholesaler, retailer, or
distributor for the Conference Center.
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.
[[Page 69780]]
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 be effective as a matter of tribal law as of
the date of the adoption by the Tribal Council, and effective as a
matter of Federal law on such date as the Assistant Secretary--Indian
Affairs certifies and publishes the same in the Federal Register.
Dated: November 24, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-31394 Filed 12-13-99; 8:45 am]
BILLING CODE 4310-02-P
