Bureau of Indian Affairs, Interior.
This notice publishes the Liquor Control Statute (Statute) of the Ione Band of Miwok Indians. The Statute regulates and controls the possession, sale, manufacture, and distribution of alcohol in conformity with the laws of the State of California.
This ordinance shall take effect on September 14, 2020.
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FOR FURTHER INFORMATION CONTACT:
Mr. Harley Long, Tribal Government Officer, Pacific Regional Office, Bureau of Indian Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825, telephone (916) 978-6000, fax: (916) 978-6099.
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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 control ordinances for the purpose of regulating liquor transactions in Indian country. The Ione Band of Miwok Indians adopted the Ione Band Liquor Control Statute on March 26, 2020.
This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary-Indian Affairs. I certify that the Ione Band of Miwok Indians duly adopted the Ione Band Liquor Control Statute on March 26, 2020.
Assistant Secretary-Indian Affairs.
The Liquor Control Statute of the Ione Band of Miwok Indians shall read as follows:
Liquor Control Statute of the Ione Band of Miwok Indians
Section 1. Authority
This Statute is enacted pursuant to the Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161) and by powers vested in the Ione Band of Miwok Indians Tribal Council (“Tribal Council”) to promulgate and enforce civil and criminal ordinances governing the conduct, affairs, and transactions of members of the Ione Band of Miwok Indians of California (“Tribe”), and to the extent permitted by federal law, governing the conduct, affairs, and transactions of non-members of the Tribe, as authorized under Article VII, Section 1 of the Constitution of the Tribe, adopted by the Tribe on August 10, 2002, and approved by the Secretary of the Interior on September 6, 2002 (“Constitution”).
Section 2. Purpose
The purpose of this Statute is to regulate and control the possession, sale, manufacture and distribution of liquor within Tribal Trust Lands (as hereafter defined), in order to permit alcohol sales by tribally owned and operated enterprises and private lessees, and at tribally approved special events. Enactment of a liquor control statute will help provide a source of revenue for the continued operation of the tribal government, the delivery of governmental services, and the economic viability of tribal enterprises.
Section 3. Short Title
This Statute shall be known and cited as the “Ione Band Liquor Control Statute.”
Section 4. Jurisdiction
This Statute shall apply to all lands now or in the future under the governmental authority of the Tribe, including Tribal Trust Lands.
By adopting this Statute, the Tribe hereby regulates the sale, distribution, and consumption of liquor while ensuring that such activity conforms with all applicable laws of the State of California as required by 18 U.S.C. 1161 and the United States.
Section 5. Declaration of Public Policy; Findings
The Tribal Council enacts this Statute, based upon the following findings:
(a) The distribution, possession, consumption and sale of liquor on the Tribal Trust Lands is a matter of special concern to the Tribe.
(b) The Tribe plans to construct and operate a gaming facility and related entertainment and lodging facilities on a portion of its Tribal Trust Lands.
(c) The Tribe's gaming facility will serve as an integral and indispensable part of the Tribe's economy, providing revenue to the Tribe's government and employment to tribal citizens and others in the local community.
(d) Federal law, as codified at 18 U.S.C. 1154 and 1161, currently prohibits the introduction of liquor into Indian country, except in accordance with State law and the duly enacted law of the Tribe.
(e) The Tribe recognizes the need for strict control and regulation of liquor transactions on Tribal Trust Lands because of potential problems associated with the unregulated or inadequate regulated sale, possession, distribution, and consumption of liquor.
(f) Regulating the possession, sale, distribution and manufacture of liquor within Tribal Trust Lands is also consistent with the Tribe's interest in ensuring the peace, safety, health, and general welfare of the Tribe and its citizens.
(g) Tribal control and regulation of liquor on Tribal Trust Lands is consistent with the Tribe's custom and tradition of controlling the possession and consumption of liquor on tribal lands and at tribal events.
(h) The purchase, distribution, and sale of liquor on Tribal Trust Lands shall take place only at duly licensed (i) tribally owned enterprises, (ii) other enterprises operating pursuant to a lease Start Printed Page 49674with the Tribe, and (iii) tribally-sanctioned events.
(i) The sale or other commercial manufacture or distribution of liquor on Tribal Trust Lands, other than sales, manufacture, and distributions made in strict compliance with this Statute, is detrimental to the health, safety, and general welfare of the citizens of the Tribe, and is prohibited.
Section 1. Definitions
As used in this Statute, the terms below are defined as follows:
(a) Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, in any form, and regardless of source or the process used for its production.
(b) Alcoholic beverage means all alcohol, spirits, liquor, wine, beer and any liquid or solid containing alcohol, spirits, liquor, wine, or beer, and which contains one-half of one percent or more of alcohol by volume and that is fit for human consumption, either alone or when diluted, mixed, or combined with any other substance(s).
(c) Compact means a Tribal-State compact between the State and the Tribe that governs the conduct of class III gaming activities on that portion of the Tribal Trust Lands recognized as “Indian lands” pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701, et seq., or such other procedures prescribed by the Secretary under the Act pursuant to 25 U.S.C. 2710(d)(7)(B)(vii).
(d) License means, unless otherwise stated, a license issued by the Tribe in accordance with this Statute.
(e) Liquor means any alcoholic beverage, as defined under this Section.
(f) Person means any individual or entity, whether Indian or non-Indian, receiver, assignee, trustee in bankruptcy, trust, estate, firm, corporation, partnership, joint corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit or otherwise, and any other Indian tribe, band or group. The term shall also include the businesses of the Tribe.
(g) Sale and sell means the transfer for consideration of any kind, including by exchange or barter.
(h) Secretary means the Secretary of the United States Department of the Interior.
(i) State means the State of California.
(j) Tribal Trust Lands means and includes all lands held by the United States in trust for the Tribe now or in the future.
(k) Tribe means the Ione Band of Miwok Indians of California, a federally recognized Tribe.
Liquor Sales, Possession, & Manufacture
Section 1. Possession of Alcohol
The introduction and possession of alcoholic beverages shall be lawful within Tribal Trust Lands; provided that such introduction or possession is in conformity with the laws of the State.
Section 2. Retail Sales of Alcohol
The sale of alcoholic beverages shall be lawful within Tribal Trust Lands; provided that such sales are in conformity with the laws of the State and are made pursuant to a license issued by the Tribe.
Section 3. Manufacture of Alcohol
The manufacture of alcohol shall be lawful within Tribal Trust Lands, provided that such manufacture is in conformity with the laws of the State and pursuant to a license issued by the Tribe.
Section 4. Age Limits
The legal age for possession or consumption of alcohol within Tribal Trust Lands shall be the same as that of the State, which is currently 21 years. No person under the age of 21 years shall purchase, possess or consume any alcoholic beverage. If there is any conflict between State law and the terms of the Compact, if any, regarding the age limits for alcohol possession or consumption, the age limits in the Compact shall govern for purposes of this Statute.
Section 1. Licensing
The Tribal Council shall have the power to establish procedures and standards for tribal licensing of liquor sales within Tribal Trust Lands, including the setting of a license fee schedule, and shall have the power to publish and enforce such standards; provided that no tribal license shall issue except upon showing of satisfactory proof that the applicant is duly licensed by the State. The fact that an applicant for a tribal license possesses a license issued by the State shall not provide the applicant with an entitlement to a tribal license. The Tribal Council may in its discretion set standards which are more, but in no case less, stringent than those of the State.
Section 1. Enforcement
The Tribal Council shall have the power to develop, enact, promulgate and enforce regulations as necessary for the enforcement of this Statute and to protect the public health, welfare and safety of the Tribe, provided that all such regulations shall conform to and not be in conflict with any applicable tribal, federal or state law. Regulations enacted pursuant to this Statute may include provisions for suspension or revocation of tribal liquor licenses, reasonable search and seizure provisions, and civil and criminal penalties for violations of this Statute to the full extent permitted by federal law and consistent with due process.
Tribal law enforcement personnel and security personnel duly authorized by the Tribal Council shall have the authority to enforce this Statute by confiscating any liquor sold, possessed, distributed, manufactured or introduced within Tribal Trust Lands in violation of this Statute or of any regulations duly adopted pursuant to this Statute.
The Tribal Council shall have the exclusive jurisdiction to hold hearings on violations of this Statute and any procedures or regulations adopted pursuant to this Statute; to promulgate appropriate procedures governing such hearings; to determine and enforce penalties or damages for violations of this Statute; and to delegate to a subordinate hearing officer or panel the authority to take any or all of the foregoing actions on its behalf.
Section 1. Taxation
Nothing contained in this Statute is intended to, nor does in any way, limit or restrict the Tribe's ability to impose any tax upon the sale or consumption of alcohol. The Tribe retains the right to impose such taxes by appropriate statute to the full extent permitted by federal law.
Section 1. Sovereign Immunity Preserved
Nothing contained in this Statute is intended to, nor does in any way, limit, alter, restrict, or waive the sovereign immunity of the Tribe or any of its agencies, agents or officials from unconsented suit or action of any kind.Start Printed Page 49675
Section 2. Conformance with Applicable Laws
All acts and transactions under this Statute shall be in conformity with the Compact, if any, and laws of the State to the extent required by 18 U.S.C. 1161 and with all Federal laws regarding alcohol in Indian Country.
Section 3. Effective Date
This Statute shall be effective as of the date on which the Secretary certifies this Statute and publishes the same in the Federal Register.
Section 4. Repeal of Prior Acts
All prior enactments of the Tribal Council, including tribal resolutions, policies, regulations, or statutes pertaining to the subject matter set forth in this Statute are hereby rescinded.
Section 5. Amendments
This Statute may only be amended pursuant to an amendment duly enacted by the Tribal Council and certification by the Secretary and publication in the Federal Register, if required.
Section 6. Severability and Savings Clause
If any part or provision of this Statute is held invalid, void, or unenforceable by a court of competent jurisdiction, such adjudication shall not be held to render such provisions inapplicable to other persons or circumstances. Further, the remainder of the Statute shall not be affected and shall continue to remain in full force and effect.
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[FR Doc. 2020-17750 Filed 8-13-20; 8:45 am]
BILLING CODE 4337-15-P