[Federal Register Volume 63, Number 163 (Monday, August 24, 1998)]
[Notices]
[Pages 45089-45090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22644]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pechanga Band of Mission Indians Liquor Control Ordinance
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 Resolution
No. SCA-PC-03-98, enacting the Pechanga Liquor Control Ordinance of the
Pechanga Band of Luiseno Mission Indians (Pechanga Band of Mission
Indians) of the Pechanga Reservation was duly adopted by the General
Council of the Pechanga Reservation on January 25, 1998. The Ordinance
provides for the regulation of the activities of the manufacture,
distribution, sale, and consumption of liquor on reservation lands
subject to the jurisdiction of the Pechanga Band of Mission Indians of
California.
DATES: This Ordinance is effective as of August 24, 1998.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal
Government Services, 1849 C Street, NW, MS 4641-MIB, Washington, D.C.
20240-4001; telephone (202) 208-4400.
SUPPLEMENTARY INFORMATION: The Liquor Control Ordinance of the Pechanga
Band of Mission Indians is as follows:
Liquor Control Ordinance
Article 1. Name. This Ordinance shall be known as the Pechanga
Liquor Control Ordinance.
Article 2. Authority. This Ordinance is enacted pursuant to the Act
of August 15, 1953, Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. 1161, and
Article III of the Constitution and Bylaws of the Temecula Band of
Luiseno Mission Indians (also known as the Pechanga Band of Mission
Indians).
Article 3. Purpose. The purpose of this Ordinance is to regulate
and control the possession and sale of liquor on the Pechanga Indian
Reservation, and to permit alcohol sales by tribally owned and operated
enterprises, and at tribally approved special events, for the purpose
of the economic development of the Pechanga Band. The enactment of a
tribal ordinance governing liquor possession and sales on the Pechanga
Indian Reservation increases the ability of tribal government to
control Reservation liquor distribution and possession, and will
provide an important source of revenue for the continued operation and
strengthening of the tribal government, the economic viability of
tribal enterprises, and the delivery of tribal government services.
This Liquor Control Ordinance is in conformity with the laws of the
State of California as required by 18 U.S.C. Sec. 1161, and with all
applicable Federal laws.
Article 4. Effective Date. This Ordinance shall be effective August
24, 1998.
Article 5. Possession of Alcohol. The introduction or possession of
alcoholic beverages shall be lawful within the exterior boundaries of
the Pechanga Indian Reservation; provided that such introduction or
possession is in conformity with the laws of the State of California.
Article 6. Sales of Alcohol. (a) The sale of alcoholic beverages by
business enterprises owned by and subject to the control of the
Pechanga Band shall be lawful within the exterior boundaries of the
Pechanga Indian Reservation; provided that such sales are in conformity
with the laws of the State of California.
(b) The sale of alcoholic beverages by the drink at special events
authorized by the Pechanga Band shall be lawful within the exterior
boundaries of the Pechanga Indian Reservation; provided that such sales
are in conformity with the laws of the State of California and with
prior approval by Resolution of the General Council of the Pechanga
Band.
Article 7. Age Limits. The drinking age within the Pechanga Indian
Reservation shall be the same as that of the State of California, which
is currently 21 years. No person under the age of 21 years shall
purchase, possess, or consume any alcoholic beverage. At such time, if
any, as California Business and Professional Code Sec. 25658, which
sets the drinking age for the State of California, is repealed or
amended to raise or lower the drinking age within California, this
Article shall automatically become null and void and the Tribal Council
shall be empowered
[[Page 45090]]
to amend this Article to match the age limit imposed by state law, such
amendment to become effective upon publication in the Federal Register
by the Secretary of the Interior.
Article 8. Civil Penalties. The Pechanga Band, through its Tribal
Council and duly authorized personnel, shall have the authority to
enforce this Ordinance by confiscating any liquor sold, possessed or
introduced in violation hereof. The Tribal Council shall be empowered
to sell such confiscated liquor for the benefit of the Pechanga Band,
and to develop and approve such regulations as may become necessary for
enforcement of this Ordinance.
Article 9. Prior Inconsistent Enactments. Any prior tribal laws,
resolutions or ordinances which are inconsistent with this Ordinance
are hereby repealed to the extent they are inconsistent with this
Ordinance.
Article 10. Sovereign Immunity. Nothing contained in this Ordinance
is intended to, nor does in any way, limit, alter, restrict, or waive
the sovereign immunity of the Pechanga Band or any of its agencies,
including the Pechanga Development Corporation, from unconsented suit
or action of any kind.
Article 11. Severability. If any provision of this Ordinance is
found by any agency or court of competent jurisdiction to be
unenforceable, the remaining provisions shall be unaffected thereby.
Article 12. Amendment. This Ordinance may be amended by majority
vote of the General Council of the Pechanga Band at a duly noticed
General Council meeting, such amendment to become effective upon
publication in the Federal Register by the Secretary of the Interior.
Dated: August 11, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-22644 Filed 8-21-98; 8:45 am]
BILLING CODE 4310-02-P
