[Federal Register Volume 61, Number 182 (Wednesday, September 18, 1996)]
[Notices]
[Pages 49152-49154]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23903]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Cow Creek Band of Umpqua Tribe of Indians Liquor Code
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 by
Resolution No. 96-11, the Cow Creek Band of Umpqua Tribe of Indians
Liquor Ordinance was duly adopted by the Board of Directors of the Cow
Creek Band of Umpqua Tribe of Indians on May 8, 1996. The Ordinance
provides for the regulation of the sale, possession and consumption of
liquor on the Cow Creek Band of Umpqua Indian Reservation and is in
conformity with the laws of the State of Oregon.
DATES: This Ordinance is effective as of September 18, 1996.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal
Government Services, 1849 C Street N.W., MS 4603-MIB, Washington, D.C.
20240-4001; telephone (202) 208-3463.
SUPPLEMENTARY INFORMATION: The Cow Creek Band of Umpqua Tribe of
Indians Liquor Ordinance is to read as follows:
Law and Order Code of the Cow Creek Band of Umpqua Tribe of Indians
Title 12--Liquor Code
12-10 Authorization and Definitions
12-10-010 Authorization and Repeal of Inconsistent Legislation
The Cow Creek Band of Umpqua Tribe of Indians (the ``Tribe'') is
organized under the Indian Reorganization Act of June 18, 1934 (48
Stat. 984) and the provisions of the Cow Creek Band of Umpqua Tribe of
Indians Recognition Act of December 29, 1982 (Pub. L. 97-391), as
amended by the Cow Creek Band of Umpqua Tribe of Indians Distribution
of Judgement Funds Act of October 26, 1987 (Pub. L. 100-139), and the
Cow Creek Tribal Constitution, duly adopted pursuant to a federally-
supervised constitutional ballot, on July 8, 1991 (the ``Tribal
Constitution).
Pursuant to Article III, Section 1 of the Tribal Constitution, the
Cow Creek Tribal Board of Directors (the ``Board'') is the governing
body of the Tribe. Pursuant to Article VII, Section I (d) of the Tribal
Constitution, the Board has the authority to ``administer the affairs
and assets of the Tribe * * *'' Pursuant to Article VII, Section I (i)
of the Tribal Constitution, the Board has the power to ``enact
ordinances and laws governing the conduct of all persons or tribally-
owned land; to maintain order and protect the safety, health, and
welfare of all persons within the jurisdiction of the Tribe; and to
enact any ordinances or laws necessary to govern the administration of
justice, and the enforcement of all laws, ordinances or regulations * *
*'' Pursuant to Article VII, Section I (t) of the Tribe's Constitution,
the Board has ``such other powers and authority necessary to meet its
obligations, responsibilities, objectives, and purposes as the
governing body of the Tribe.''
This Title 12 of the Law and Order Code of the Cow Creek Band of
Umpqua Tribe of Indians is established for the purpose of strengthening
Tribal self-government and providing for the protection of the members
and property of the Tribe. Adoption hereof is an exercise of the
inherent sovereignty of the Tribe, and is undertaken by the Tribal
Board of Directors pursuant to its constitutional authority to do so.
Any prior Tribal law which is inconsistent with the purpose and
procedures established by this Title 12 are hereby repealed to the
extent of any such inconsistency.
The Tribe has decided to open all lands within its jurisdiction to
the possession, consumption, and sale of Liquor by enacting this Title
12 (``Title 12'') to the Tribal Law and Order Code. This Title 12 is
adopted pursuant to the Act of August 15, 1953 (Pub. L. 83- 277, 67
Stat. 588, 18 U.S.C. Sec. 1161) and shall serve as the ``liquor
ordinance'' referenced therein.
This Title 12 shall govern all Liquor Sales and distribution on the
Reservation and will increase the ability of the Tribe to control
Reservation Liquor distribution and possession.
[[Page 49153]]
Tribal regulation of the Sale, possession, and consumption of Liquor on
the Reservation is necessary to protect the health, security, and
general welfare of the Tribe, and to address Tribal concerns relating
to alcohol use on the Reservation. In order to further these goals, the
Tribe has adopted this Title 12, which shall be liberally construed to
fulfill the purposes for which it has been adopted.
12-20 Definitions
12-20-010 Definitions of Words
As used in this Title 12, the following words shall have the
following meanings unless the context clearly requires otherwise:
(a) Alcohol means that substance known as ethyl alcohol, hydrated
oxide of ethyl, or spirit of wine which is commonly produced by the
fermentation or distillation of grain, starch, molasses, or sugar, or
other substances including all dilutions and mixtures of this
substance.
(b) Alcoholic Beverage is synonymous with the term ``Liquor'' as
defined at section 12-20-010(d) hereof.
(c) Beer means any beverage obtained by the fermentation or
infusion or decoction of pure hops, or pure extract of hops and pure
barley malt or other wholesome grain or cereal in water and which
contains not more than four percent of Alcohol by volume.
(d) Liquor includes the four varieties of Liquor herein defined
(Alcohol, Spirits, Wine, and Malt Liquor), and all fermented,
spirituous, vinous, or Malt Liquor or combinations thereof, and mixed
Liquor, a part of which is fermented, spirituous, vinous, or Malt
Liquor, or otherwise intoxicating. Every liquid or solid or semisolid
or other substance, patented or not, containing Alcohol, Spirits, Wine
or Malt Liquor, and all drinks or drinkable liquids and all
preparations or mixtures capable of human consumption and any liquid,
semisolid, solid, or other substances, containing more than one percent
of Alcohol by weight shall be conclusively deemed to be intoxicating.
(e) Malt Liquor means Beer, Strong Beer, ale, stout, and porter.
(f) Package means any container or receptacle used for holding
Liquor.
(g) Reservation means all lands of the Tribe and any lands which
may in the future come within the jurisdiction of the Tribe by any
lawful means.
(h) Sale and Sell mean exchange, barter, and traffic; and also
include the Selling or supplying or distributing, by any means
whatsoever, of Liquor, or of any liquid known or described as ``beer''
or by any name whatsoever commonly used to describe ``malt liquor'' or
``liquor'' or ``wine'' by any person to any person.
(i) Spirits means any beverage which contains Alcohol obtained by
distillation, including Wines exceeding seventeen percent of Alcohol by
weight.
(j) Strong Beer means any beverage obtained by the Alcoholic
fermentation or infusion or decoction of pure hops, or pure extract of
hops and pure barley malt or other wholesome grain or cereal in water,
including ale, stout, and porter, containing more than four percent of
Alcohol by weight.
(k) Title 12 means this Liquor Code, which shall serve the Tribe as
the liquor ordinance referenced at 18 U.S.C. Sec. 1161.
(l) Tribe means, and ``Tribal'' refers to, the Cow Creek Band of
Umpqua Tribe of Indians.
(m) Wine means any Alcoholic Beverage obtained by fermentation of
fruits (grapes, berries, apples, etc.) or other agricultural product
containing sugar, to which any saccharine substances may have been
added before, during, or after fermentation, and containing not more
than seventeen percent of Alcohol by weight, including sweet Wines
fortified with wine spirits, such as port, sherry, muscatel, and
angelica, not exceeding seventeen percent of Alcohol by weight.
12-30 Sales, Distribution, Possession, Consumption
12-30-010 Authorization
The Tribe, its members and other persons including, but not limited
to, corporations, partnerships, associations and natural persons are
hereby authorized to introduce, Sell, distribute, warehouse, possess
and consume Alcoholic Beverages within the Reservation, in accordance
with the laws of the State of Oregon (including the Liquor licensing
provisions thereof) and this Title 12; provided, however, that the
right of any person to introduce, Sell, distribute, warehouse, possess
and consume Alcoholic Beverages within the Reservation may be rescinded
temporarily or permanently by the Board, by resolution approved by at
least eight (8) members of the Board, after notice and a hearing as
directed by the Board and a formal finding that the continued
introduction, Sale, distribution, warehousing, possession or
consumption Alcoholic Beverages within the Reservation by such person
is contrary to the best interests or general welfare of the Tribe or
Tribal members.
12-40 Penalties
12-40-010 General
Notwithstanding any other provision of this Title 12, no penalty
(i) may be imposed pursuant or related to this Title 12 in
contravention or in excess of any limitation imposed by the Indian
Civil Rights Act of 1968, 82 Stat. 77, 25 U.S.C.A. Sec. 1301 et seq.
(``ICRA'') or other applicable law, and (ii) may be imposed without
proper notice and a hearing in accordance with applicable law. Any
person who violates any part of Section 12-40 of this title 12 may be
subject to a civil penalty for a civil infraction in addition to any
penalty imposed under applicable Oregon law. Such civil penalty shall
not exceed the sum of $1,000 for each such infraction.
12-40-020 Illegal Transportation, Still, or Sale Without Permit
No person shall, within the Reservation, Sell or offer for Sale or
transport in any manner any Liquor within the boundaries of the
Reservation in violation of this Title 12, or operate or have in his
possession any Spirit distillation device or any substance meant or
specifically concocted to be distilled into Liquor (not including
devices or mash related to the home manufacture of Beer, Strong Beer,
or Wine solely for the purpose of personal consumption and not for
Sale) except as authorized by this Title 12.
12-40-030 Illegal Purchase of Liquor
No person shall buy Liquor within the boundaries of the Reservation
other than from an individual or entity properly licensed pursuant to
this Title 12.
12-40-040 Furnishing Liquor to Minors
Except in the case of Liquor given or administered to a person by
his physician or dentist for medicinal purposes, no person under the
age of 21 years shall consume, acquire or have in his possession any
Alcoholic Beverages except when such beverages are used in connection
with religious services. No person shall permit any other person under
the age of 21 to consume Liquor on his premises or on any premises
under his control except in those situations set out in this section.
12-40-050 Unlawful Transfer of Identification
No person shall transfer any identification of age to a minor for
the purpose of permitting such minor to obtain Liquor. Corroborative
testimony of a witness other than the minor shall be a requirement of
conviction under this section.
[[Page 49154]]
12-40-060 Possession of False or Altered Identification
No person shall attempt to purchase an Alcoholic Beverage through
the use of false or altered identification which falsely purports to
show the individual to be over the age of 21 years.
12-40-070 Illegal Items Declared Contraband
Alcoholic Beverages which are possessed contrary to the terms of
this Title 12 are hereby declared to be contraband. Any officer who
shall make an arrest under this section shall seize all contraband
which he shall have the authority to seize consistent with the Tribal
Constitution, the Tribal Law and Order Code, the ICRA and any other
applicable law.
12-40-080 Non-Indian Violations
Nothing in this Title 12 shall be construed to require or authorize
the criminal trial and punishment by the Tribe of any non-Indian except
to the extent otherwise allowed under applicable law. In general, when
any provision of this Title 12 is violated by a non-Indian, he or she
shall be referred to state and/or federal authorities for prosecution
under applicable law while remaining liable for any civil penalty
imposed under Tribal law. It is the expressed intent of the Tribe that
any non-Indian referred to state and/or federal authorities pursuant to
this Section 12-40-080 be prosecuted to the furthest extent of
applicable law.
12-50 Severability and Effective Date
12-50-010 Severability
If any section, or any part thereof, of this Title 12 or the
application thereof to any party, person or entity in any circumstances
shall be held invalid for any reason whatsoever by a court of competent
jurisdiction or by federal legislative enactment, the remainder of the
section or part of this Title 12 shall not be affected thereby and
shall remain in full force and effect as though no section or part
thereof has been declared to be invalid.
12-50-020 Effective Date
This Title 12 becomes effective, as a matter of Tribal law, upon
adoption hereof by Resolution approved by no less than eight (8)
members of the Board by roll call vote, and effective as a matter of
federal law on such date as the Secretary of the Interior certifies and
publishes the same in the Federal Register.
12-50-030 Application of 18 U.S.C. Sec. 1161
All acts and transactions under this Title 12 shall be in
conformity with the laws of the State of Oregon to the extent required
under 18 U.S.C. Sec. 1161.
12-50-040 Jurisdiction and Sovereign Immunity
Nothing in this Title 12 shall be construed to limit the
jurisdiction of the Tribe and nothing herein shall limit or constitute
a waiver of the sovereign immunity of the Tribe or its officers,
instrumentalities and agents.
12-50-050 Amendment or Repeal of Title 12
After this Title 12 becomes effective, neither this Title 12, nor
any section, part or word hereof, or any resolution adopted by the
Board pursuant to the terms hereof, may be amended or repealed other
than by Board resolution approved by unanimous roll-call vote of the
entire Board at a special meeting of the Board which meeting may only
be convened upon receipt by the Tribal Secretary of a petition signed
by at least eight (8) members of the Board.
Dated: September 11, 1996.
Ada E. Deer,
Assistant Secretary - Indian Affairs.
[FR Doc. 96-23903 Filed 9-17-96; 8:45 am]
BILLING CODE 4310-02-P
