[Federal Register Volume 75, Number 197 (Wednesday, October 13, 2010)]
[Notices]
[Pages 62853-62856]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25785]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Reno-Sparks Indian Colony Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
[[Page 62854]]
ACTION: Notice.
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SUMMARY: This notice publishes the Secretary's certification of the
Liquor Control Ordinance of the Reno-Sparks Indian Colony. The
enactment of this Ordinance allows the Wal-Mart Superstore to sell
liquor on tribal lands, which will general millions of dollars in sales
revenue and increase funding for essential government services provided
by the Reno-Sparks Indian Colony. The ordinance will increase the
ability of the tribal government to control the distribution and
possession of liquor within their reservation.
DATES: Effective Date: This Ordinance is effective as of October 13,
2010.
FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government
Services Officer, Western Regional Office, 2600 North Central Avenue,
Phoenix, Arizona 85004-3050, Telephone (602) 379-6786; Fax (602) 379-
4100; or Elizabeth Colliflower, Office of Tribal Services, 1849 C
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202)
513-7641; Fax (202) 208-5113.
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 Reno-Sparks Indian Colony adopted
Liquor Control Ordinance No. 14-A on June 30, 2010.
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 Tribal Council of the Reno-Sparks Indian
Colony duly adopted this Liquor Control Ordinance on June 30, 2010.
Dated: October 5, 2010.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The Liquor Ordinance for the Reno-Sparks Indian Colony reads as
follows:
ORDINANCE NO. 14-A
RENO-SPARKS INDIAN COLONY LIQUOR CONTROL ORDINANCE
AN ORDINANCE TO GENERALLY REVISE AND RECODIFY THE RENO-SPARKS
INDIAN COLONY LIQUOR CONTROL LAWS.
WHEREAS, the RSIC has previously regulated the introduction,
possession, sale and consumption of liquor under Ordinance 14 (approved
June 8, 1977) and Title 5, Section 5-70-140 (approved April 25 1984);
and
WHEREAS, the enactment of this Ordinance is required to allow the Wal-
Mart Superstore to open on RSIC lands, which will generate millions of
dollars in sales revenue to fund essential government services and
purposes of the RSIC; and
WHEREAS, when this Ordinance 14-A replaces and repeals RSIC's prior
ordinances, the Reno-Sparks Indian Colony will continue to be a ``dry''
reservation where the possession or consumption of liquor will continue
to be strictly prohibited and enforced; and
WHEREAS, the only exception to the liquor prohibition is where a
business (such as Wal-Mart) or person gets a License from the Tribal
Council, but even where a License is issued, the Tribal Council can
prohibit or limit liquor consumption on the Licensed Premises; and
NOW, THEREFORE, BE IT RESOLVED, that the Reno-Sparks Tribal Council
hereby revises, and requests that the Secretary of the Interior to
publish its liquor control Ordinance to accomplish these purposes and
renumbers the Ordinance as Ordinance 14A, which shall repeal and
supersede Ordinance 14 and Title 5, Section 5-70-140.
Section I--Introduction
A. Title. This Ordinance shall be known as the ``Reno-Sparks Indian
Colony Liquor Control Ordinance'' and is enacted for the purposes set
forth herein.
B. Authority. This Ordinance is enacted pursuant to the Act of
August 15, 1953, 67 Stat. 586 (codified at 18 U.S.C. Section 1161) and
Article VI, Section I (g) of the Reno-Sparks Indian Colony
Constitution, and by the authority of the Reno-Sparks Indian Colony
duly elected Tribal Council.
C. Territorial Scope. This Ordinance shall apply to all trust lands
of the Reno-Sparks Indian Colony and lands within the exterior boundary
of the Reno-Sparks Indian Colony.
D. Effective Date. This Ordinance shall be effective upon approval
by the Secretary of the Interior and publication in the Federal
Register.
Section II--General Provisions
A. Definitions. As used in this Ordinance, the following words
shall have the following meanings unless the context plainly requires
otherwise:
(i) ``Alcohol'' shall mean that substance known as ethyl alcohol,
hydrated oxide or ethyl, or spirit or wine, which is commonly produced
by the fermentation or distillation of grain, starch, molasses, sugar
or other substances including all dilutions and mixtures of those
substances.
(ii) ``Alcoholic Beverage'' is synonymous with the term ``Liquor''
as defined by this ordinance.
(iii) ``Beer'' shall mean any beverage obtained by the alcoholic
fermentation of any infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain of cereal or any
combination thereof.
(iv) ``Legal Age'' shall mean the age established by Nevada law for
the consumption, purchase and/or possession of alcoholic beverages.
(v) ``License'' shall mean the license issued under Section V.
(vi) ``Licensee'' shall mean the person or entity authorized to
sell Liquor, Beer or Wine by a License issued by the RSLCC.
(vii) ``Licensed Premises'' shall mean the property where a
Licensee is authorized to sell liquor.
(viii) ``Liquor'' shall mean all fermented spirituous, vinous, or
malt liquor or combination thereof, and mixed liquor, a part of which
is fermented, and every liquid or solid or semisolid or other
substance, patented or not, containing distilled or rectified spirits,
potable alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic
bitters, and all drinks or drinkable liquids and all preparations or
mixtures capable of human consumption and any liquid, semisolid, solid,
or other substances, which contains more than one half of one percent
alcohol.
(ix) ``Liquor Control Commission'' or ``RSLCC'' shall mean the
Tribal Council of the Reno-Sparks Indian Colony.
(x) ``Membership'' shall mean the enrolled membership of the Reno-
Sparks Indian Colony as approved by official action of the Reno-Sparks
Tribal Council.
(xi) ``Ordinance'' shall mean the Reno-Sparks Indian Colony Liquor
Control Ordinance.
(xii) ``Package'' shall mean any container or receptacle used for
holding liquor.
(xiii) ``Retailer'' shall mean any business licensed by the Liquor
Control Commission to sell liquor for off premises consumption.
(xiv) ``RSIC'' shall mean the Reno-Sparks Indian Colony.
(xv) ``RSIC Land'' shall mean all land held in trust by the United
States Government for the Reno-Sparks Indian Colony.
(xvi) ``Sale'' or ``Sell'' shall mean the exchange, barter and
traffic of liquor by any person to any person for consumption.
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(xvii) ``Tribal Council'' shall mean the governing body of the
Reno-Sparks Indian Colony.
(xviii) ``Tribal Court'' shall mean the Reno-Sparks Indian Colony
Tribal Court.
(xix) ``Wine'' shall mean any alcoholic beverage obtained by
fermentation of fruits (grapes, berries, apples, etc.) or other
agricultural product containing sugar.
B. Declaration of Policy and Purpose.
(i) The introduction, possession, sale and use of liquor on the
Reno-Sparks Indian Colony is a matter of special concern to the RSIC.
(ii) Federal law currently prohibits the introduction of liquor
into Indian Country (18 U.S.C. Section 1154), except as provided
therein and expressly delegates to the tribes the decision regarding
when and to what extent the sale, possession, and consumption of liquor
shall be permitted.
(iii) The RSIC has previously adopted an ordinance legalizing
introduction, sale or possession of intoxicants (Ordinance 14).
(iv) The RSIC has previously adopted an ordinance criminalizing the
possession of alcoholic beverages (Title 5--Section 5-70-140 Possession
of Alcoholic Beverages).
(v) The RSIC Tribal Council finds that a need exists to revise and
update the RSIC's laws regarding the introduction, sale, possession and
use of liquor and alcohol and that this ordinance repeals and replaces
all previously adopted liquor ordinances, including Ordinance 14 and
Title 5--Section 5-70-140.
(vi) The RSIC Tribal Council adopts this Ordinance for the purposes
set forth in the ``Whereas'' clauses set forth above.
C. General Prohibition. It shall be a violation of this Ordinance
to introduce, sell, possess or consume liquor on RSIC Land except upon
the terms, conditions, limitations, and restrictions specified herein.
D. Conformity with State and Federal Law. RSIC authorized
introduction, sale, possession, or use of liquor shall comply with the
Nevada State Liquor law standards of general applicability throughout
the State to the extent required by 18 U.S.C. Section 1161 and other
federal law. Nothing in this ordinance shall constitute or be construed
as a waiver of RSIC sovereign immunity or the RSIC's consent to the
jurisdiction by the state of Nevada over matters coming within the
purview of this ordinance.
Section III--Liquor Control Commission
A. There is hereby established the Reno-Sparks Liquor Control
Commission (``RSLCC'').
B. Membership of the RSLCC shall be composed of the nine (9)
members of the Tribal Council. No member of the RSLCC shall have any
interest in a Licensed Premises or an entity that sells liquor on a
Licensed Premises.
C. The RSLCC is empowered to:
(i) Promulgate such rules and regulations as may be necessary and
desirable for the proper implementation and enforcement of this
Ordinance.
(ii) License, regulate, supervise, inspect and oversee all liquor
transactions, and premises and persons involved therewith.
(iii) Hire such employees as are necessary to carry out the powers
and duties of the Commission.
(iv) Issue Licenses permitting the sale of liquor on RSIC Land.
(v) Inspect the premises on which liquor is sold at all reasonable
times for the purposes of ascertaining whether the rules and
regulations of this Ordinance are being complied with.
(vi) Hold hearings on violations of the Ordinance or for the
issuance or revocation of Licenses hereunder.
(vii) Bring suit in the appropriate court to enforce this
Ordinance.
(viii) Determine and seek damages for violations of this Ordinance.
(ix) Make such reports as may be required by the Tribal Council.
(x) Collect fees and or taxes as set by the RSLCC, to keep accurate
records, books, and accounts.
(xi) Take any action it deems necessary and appropriate to correct
and prevent violations of this Ordinance and applicable rules and
regulations including but not limited to license suspension and/or
revocation, referral for prosecution, imposition or monetary fines and
civil suit.
(xii) Take any and all additional actions necessary or incidental
to the implementation and enforcement of this Ordinance.
Section IV--Sales Of Liquor
A. Licenses Required. No sales of alcoholic beverages shall be made
on RSIC Land, except pursuant to the terms and conditions of a License
issued by the RSLCC.
B. Sales. All liquor sales on RSIC Land shall be by cash, credit
card or by check.
C. Sale for Personal Use. All sales shall be for the personal use
and consumption of the purchaser. Resale of liquor or alcohol on RSIC
Land is prohibited. Any person who is not licensed pursuant to this
Ordinance who purchases liquor or alcohol on RSIC Land and sells it for
consumption or possession on RSIC Land, whether in the original
container or not, shall be guilty of a violation of this Ordinance and
shall be subject to all applicable enforcement provisions of this
Ordinance.
Section V--Licensing
A. Application for RSIC Liquor License Requirements. No RSIC
License shall be issued under this Ordinance except upon a sworn
application filed with the RSLCC containing a full and complete showing
of the following:
(i) Satisfactory proof that the applicant has met all required
state of Nevada and RSIC licensing requirements to conduct business in
the state of Nevada and on RSIC Land.
(ii) Satisfactory proof that the applicant is of good character and
the applicant is financially responsible.
(iii) A description of the premises in which the liquor is to be
sold and proof that the applicant will be the owner or lessee of such
premises for at least the term of the License.
(iv) Agreement by the applicant to accept and abide by all
conditions of the RSIC License.
(v) Payment of an application fee established by the RSLCC.
(vi) Satisfactory proof that the applicant has never been convicted
of a felony.
B. Issuance of RSIC Liquor License. All applications for a RSIC
liquor License shall be considered by the RSLCC in an open session of
the RSIC Tribal Council. The RSLCC may issue a License if it believes
that such issuance is in the best interest of the RSIC and its
Membership.
C. Conditions of Liquor License. Any RSIC Licenses issued under the
title shall be subject to such reasonable conditions as the RSLCC shall
fix, including, but not limited to the following:
(i) The License shall be for a term not to exceed 5 years.
(ii) The Licensee shall at all times maintain an orderly, clean and
neat establishment, both inside and outside the Licensed Premises.
(iii) The Licensee shall comply with all rules and regulations of
Section VI.
(iv) The Licensed Premises shall be subject to patrol and
inspection by RSIC law enforcement officials.
(v) The Licensed Premises shall be subject to inspection by the
RSLCC or it's duly appointed designee.
(vi) Each license shall be posted on the Licensed Premises and
shall specify:
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a. The name of the Licensee,
b. A description of the Licensed Premises,
c. The date of issuance and expiration,
d. The character and kind of liquor authorized for sale, and
e. The hours authorized for the sale of liquor
(vii) All acts and transactions under the authority of this
Ordinance shall be in conformity with the liquor laws of the state of
Nevada, including but not limited to all age and hours of sale
requirements.
(viii) There shall be no discrimination by reason of race, color,
creed or gender in the operations under the RSIC License.
D. Suspension and Revocation. In addition to other penalties
prescribed by this Ordinance, the RSLCC has the power, on its own
motion or on complaint, after a hearing at which the Licensee shall be
afforded reasonable notice and the opportunity to be heard, to suspend
or revoke any License for any violation by the Licensee, or by any of
the agents, servants, or employees of such Licensee, of the provisions
of this Ordinance, regulations promulgated pursuant to the Ordinance,
or other laws of the RSIC.
E. Insurance. Licensees under this Ordinance shall at all times
maintain insurance coverage (or the RSLCC may, in its sole discretion,
allow an applicant to self-insure).
F. Renewal of License. A Licensee may renew its License if the
Licensee has complied in full with this ordinance; provided, however,
that the RSLCC may refuse to renew a License if it finds that doing so
would not be in the best interests of the health and safety of the
RSIC.
G. Transferability. Liquor Licenses are not transferable or
assignable and may only be utilized by the person or entity in whose
name the License was issued.
Section VI--Prohibited Activities; Enforcement
A. Prohibited Activities. It shall be a violation of this
Ordinance:
(i) For any person to sell or offer to sell any liquor for
possession or consumption on RSIC Land except as provided by this
Ordinance.
(ii) For any person to possess for resale on RSIC Land any liquor
except as provided in this Ordinance.
(iii) For any person to sell liquor to a person apparently under
the influence of alcohol, or other deleterious substances.
(iv) For any person to consume or possess liquor on RSIC Land
unless it is permitted pursuant a valid License issued by the RSLCC.
(v) For any person to permit any person under the legal age to
consume liquor on premises under his control, except when such liquor
is being used in connection with bona fide religious services or
practices approved by the RSIC Tribal Council.
(vi) For any person to sell liquor to any person under the legal
age. 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 proof of age with a valid drivers license, U.S. Military
identification, passport, or liquor control authority card issued by
any state department of motor vehicles.
(vii) To employ a person under the age of 18 to sell liquor,
unless: a) the person is at least 16 years of age; and b) supervised by
a person who is 18 years of age or over, present when the liquor is
sold, and either an owner or an employee of the Licensee. All liquor
sold by a person under the age of 18 must be in a container or
receptacle that is corked or sealed.
(viii) To sell liquor during hours when such sale would be
prohibited by Nevada law if the sale was occurring outside RSIC Land.
(ix) For any person to transfer, in any manner, identification of
age to a minor for the purpose of permitting such minor to obtain
liquor.
(x) For any person to attempt to purchase liquor through the use of
false or altered identification, which falsely purports to show the
individual to be of legal age to purchase liquor.
(xi) For any person to sell liquor on RSIC Land without a License
issued by the RSLCC and/or contrary to the terms of a License issued by
the RSLCC.
(xii) For any employee at a liquor establishment, when waiting on
or serving customers, to consume liquor on the premises.
(xiii) For a person to have in his possession or to transport
liquor which is manufactured in a distillery, winery, brewery or
rectifying plant contrary to the laws of the United States.
(xiv) For a person to violate any provision of this Ordinance and/
or RSLCC regulations.
B. Possession or Consumption of Liquor Contrary to This Ordinance.
No person may possess or consume liquor on RSIC Land except on a
Licensed Premises (or as otherwise expressly permitted under a License
issued by the RSLCC), and all consumption of liquor upon or within a
Licensed Premises is prohibited, unless expressly authorized under the
terms of the License. Liquor which is possessed in contravention of
this Ordinance is considered to be contraband and is subject to seizure
by RSIC law enforcement or the RSLCC or its appointed designee.
C. Criminal Enforcement. A violation of this Ordinance is a Class B
offense and any Indian deemed guilty of violating a provision of this
Ordinance shall be subject to criminal penalties for such offenses
under the Reno Sparks Indian Colony Law & Order Code, Section 5-10-080
(Sentencing), or as later amended. Non-Indians are subject to
enforcement and/or prosecution under applicable state and/or federal
laws.
D. Civil Fine. Any Licensee adjudged to be in violation of this
Ordinance by the RSLCC shall be subject to a penalty not to exceed
$1,000.00 per violation as civil damages.
Section V--Severability, Repeal Of Prior Acts, Sovereign Immunity
A. Severability. If any provision or application of this Ordinance
is determined 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 persons or circumstances.
B. Prior Enactments. This Ordinance repeals Ordinance 14 (approved
June 8, 1977) and Title 5, Section 5-70-140 (approved April 25, 1984),
and any other Ordinance or law that is inconsistent with the provisions
of this Ordinance.
C. Sovereign Immunity. Nothing contained in this Ordinance is
intended to, nor does in any way limit, alter, restrict, or waive the
RSIC's sovereign immunity from suit or action.
Certification
I, the undersigned Secretary of the Reno-Sparks Tribal Council,
hereby certify that the Tribal Council, composed of nine (9) members,
of whom seven (7) constituting a quorum, were present at a duly called
meeting which was convened and held on the 30th day of June, 2010, and
that the foregoing resolution was duly adopted by a vote of six (6)
for, zero (0) against, and one (1) abstention, pursuant to authority
contained in Article VI, Section 1 (I) of the Constitution and By-Laws
of the Reno-Sparks Indian Colony.
/s/Verna J. Nuno, Secretary
Reno-Sparks Tribal Council
[FR Doc. 2010-25785 Filed 10-12-10; 8:45 am]
BILLING CODE 4310-4J-P