[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 39969-39971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-16999]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Liquor Control Ordinance for the Manchester Band of Pomo Indians
of the Manchester-Point Arena Rancheria
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Liquor Control Ordinance of the
Manchester Band of Pomo Indians of the Manchester-Point Arena
Rancheria. The
[[Page 39970]]
Ordinance regulates and controls the possession, sale and consumption
of liquor within the Manchester-Point Arena Rancheria tribal land. The
tribal land is located on trust land and this Ordinance allows for the
possession and sale of alcoholic beverages. This Ordinance will
increase the ability of the tribal government to control the
distribution and possession of liquor within their tribal land, and at
the same time will provide an important source of revenue and
strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective July 13, 2010.
FOR FURTHER INFORMATION CONTACT: Fred Doka Jr., Tribal Operations
Officer, Pacific Regional Office, 2800 Cottage Way, Sacramento, CA
95825, Telephone (916) 978-6067; or Elizabeth Colliflower, Office of
Tribal Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC
20240; Telephone (202) 513-7641; Fax (202)-501-0679.
SUPPLEMENTARY INFORMATION: 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 ordinances for the purpose of regulating liquor
transactions in Indian country. The Business Committee for the
Manchester Band of Pomo Indians adopted this liquor control ordinance
on May 30, 2009. The purpose of this Ordinance is to govern the sale,
possession and distribution of alcohol within the Manchester-Point
Arena Rancheria tribal land. 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 this Liquor Control
Ordinance of the Manchester Band of Pomo Indians of the Manchester-
Point Arena Rancheria was duly adopted by Resolution No. 2009-502-30-09
by the Tribe's Business Committee on May 30, 2009.
Dated: July 2, 2010.
Del Laverdure,
Deputy Assistant Secretary--Indian Affairs.
The Liquor Control Ordinance for the Manchester Band of Pomo
Indians of the Manchester-Point Arena Rancheria reads as follows:
ORDINANCE GOVERNING THE SALE, CONSUMPTION, AND POSSESSION OF ALCOHOLIC
BEVERAGES AT THE TRIBE'S CASINO
Sale, Possession, and Consumption of Alcoholic Beverages
The Business Committee of the Manchester Band of Pomo Indians
(hereinafter ``Tribe''), hereby enacts this Ordinance to govern the
sale and consumption of alcoholic beverages on Rancheria lands in
Mendocino County, California.
Preamble
A. 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 and
published in the Federal Register and such activities are in
conformity with state law.
B. Pursuant to Article III of the Tribe's Constitution, the
Community Council is the governing body of the Tribe. Pursuant to
Resolution 0025 of the Community Council, dated 12-17-81,
the Community Council delegated to the Business Committee full
authority to promulgate ordinances as it finds necessary to the safe
and productive environment on the Rancheria and for the Tribe's
members, its economic development projects. Pursuant to that
delegation of authority, and to the inherent authority of the Tribe
and its members, the Business Committee is empowered to promulgate
and enforce tribal laws exercising the Tribe's regulatory authority,
to manage all economic affairs and enterprises of the Tribe for the
protection of public health and safety, to administer all lands and
assets and manage all economic affairs, planning and enterprises of
the Tribe, and to regulate the conduct of all persons who enter the
jurisdiction of the Tribe.
C. Pursuant to Article I of the Tribe's Constitution, the
territorial jurisdiction of the Tribe includes the territory within
the confines of the Manchester Rancheria, and such other lands as
may hereafter be added thereto under any law of the United States.
D. The Casino will be an integral and indispensable part of the
Tribe's economy, providing income to the Tribe and training and
employment to its members. The Tribe has determined that it is in
the Tribe's best interest to offer alcoholic beverages for sale and
consumption in the Casino.
E. It is the purpose of this Ordinance to set out the terms and
conditions under which the sale and consumption of said alcoholic
beverages may take place at the Casino.
General Terms
1. The sale of alcoholic beverages within the Casino, for on-
Premises (within the Casino) consumption only, is hereby authorized.
2. No alcoholic beverages may be sold at any location on the
Rancheria other than inside the Casino.
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 Casino any alcoholic beverage.
b. No person shall sell alcohol to any person under the age of
21 at the Casino.
c. No person shall sell alcohol to a person apparently under the
influence of alcohol at the Casino.
4. Where there may be a question of a person's right to purchase
alcohol 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 alcohol sales within the Casino 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
6. This Ordinance shall be conspicuously posted within the
Casino at all times it is open to the public.
Enforcement
7. This Ordinance may be enforced by the Business Committee and
by any additional tribal government agencies to which the Business
Committee or Community Council may from time to time by resolution
delegate such enforcement powers. Enforcement sanctions may include,
but are not limited to, the assessment of monetary fines not to
exceed $500 and revocation of authorization to sell alcohol at the
Casino. Prior to any enforcement action, any alleged violator of
this Ordinance shall be provided with at least three (3) days notice
in writing of an opportunity to be heard during a hearing at which
due process is provided. The decision of the Business Committee or
other agency with delegated authority after such hearing shall be
final.
Severability
8. If any provision or application of this Ordinance is
determined by the Business Committee, Community Councilor other
agency with delegated authority to be invalid, such adjudication
shall not be held to render ineffectual the remaining portions of
this Ordinance or to render such provisions inapplicable to other
circumstances.
Amendment
9. This Ordinance may only be amended by a majority vote of the
Business Committee or Community Council and such amendment shall be
subject to the provisions of Title 18, United States Code, Section
1161.
Sovereign Immunity
10. Nothing in this Ordinance in any way limits, alters,
restricts or waives the Tribe's sovereign immunity from unconsented
suit, claim, or action.
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Effective Date
11. This Ordinance shall not be effective until it is certified
by the Secretary of the Interior and published in the Federal
Register.
CERTIFICATION
The foregoing Ordinance was adopted by a vote of 1 for, and 0
against and 0 abstentions, at a duly called meeting of the Business
Committee of the Manchester Band of Pomo Indians of the Manchester
Rancheria at which a quorum was present, on this 30th day of May,
2009.
s/Nelson Pinola, Tribal Chair
ATTEST
s/Eloisa Oropeza, Tribal Secretary
[FR Doc. 2010-16999 Filed 7-12-10; 8:45 am]
BILLING CODE 4310-4J-P