80 FR 23815 - Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code (CLUSITC)-Liquor Control
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 80, Issue 82 (April 29, 2015)
Bureau of Indian Affairs
Federal Register Volume 80, Issue 82 (April 29, 2015)
| Page Range | 23815-23817 | |
| FR Document | 2015-09954 |
[Federal Register Volume 80, Number 82 (Wednesday, April 29, 2015)] [Notices] [Pages 23815-23817] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09954] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/A0A501010.999900 253G] Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Code (CLUSITC)--Liquor Control AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes the amendment to the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Title 5--Regulatory Provisions, Chapter 5-1, Liquor Control (Chapter). This Chapter amends the existing Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal (Confederated Tribes of the Coos) Liquor Code, enacted by the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Council, which was published in the Federal Register on February 23, 2006 (71 FR 9369). DATES: Effective Date: This code shall become effective 30 days after April 29, 2015. FOR FURTHER INFORMATION CONTACT: Gregory Norton, Division of Tribal Government Services Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: (503) 231-6723, Fax: (503) 231-2201; or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, Telephone: (202) 513-7641. 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 Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Council duly adopted amendments to the CLUSTIC Chapter 5-1 (Liquor Control) by Ordinance #031B on August 10, 2014. This Federal Register notice amends and supersedes the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal (Confederated Tribes of the Coos) Liquor Code, enacted by the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Council, published in the Federal Register on February 23, 2006 (71 FR 9369). 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 Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Tribal Council duly adopted amendments to the CLUSTIC Chapter 5-1 (Liquor Control) by Ordinance #031B on August 10, 2014. Dated: April 23, 2015. Kevin K. Washburn, Assistant Secretary--Indian Affairs. The Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians Title 5--Regulatory Provisions, Chapter 5-1, Liquor Control (Chapter), as amended, shall read as follows: Title 5--Regulatory Provisions Chapter 5-1 Liquor Control Authority and Purpose (a) The authority for this Chapter 5-1 and its adoption by Tribal Council is found in the CLUSI Const. Art. I, section 1 and Art. VI, section 2. This Chapter 5-1 is intended, and shall be construed, to conform to the requirements of state law as required by 18 U.S.C. 1161. (b) This Chapter 5-1 is for the purpose of regulating the sale, possession and use of alcoholic liquor on Tribal Land of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (Tribes). 5-1-2 Definitions The following definitions shall apply to this Chapter 5-1: (a) Alcoholic Beverages and Alcoholic Liquor (Liquor)--any liquid or solid containing more than one half of one percent (0.5%) alcohol by volume and capable of being consumed by a human being. (b) Tribal Land--all lands within the exterior boundaries of the reservation and trust lands of the Tribes. (c) Licensee--any person or entity that holds a valid and current license pursuant to the provisions of this Chapter 5-1. (d) Sale and Sell (1) To provide alcoholic liquor in exchange for any value, consideration, or promise, or in any way other than purely gratuitously. (2) To solicit or receive an order for alcoholic liquor. (3) To keep or expose alcoholic liquor for sale or with the intent to sell. (4) To peddle or traffic in alcoholic liquor. 5-1-3 Prohibited Activity (a) It shall be unlawful for any person or business establishment on Tribal Land to sell liquor without a liquor sales license from the Tribes. (b) It shall be unlawful for any person or business establishment on Tribal Land to possess, transport or keep with intent to sell any liquor, except for those licensed business establishments on Tribal Land, provided, however, that a person may transport liquor from a licensed business establishment on Tribal Land consistent with the terms of the license. (c) It shall be unlawful for any person to consume alcoholic liquor on a public highway. (d) It shall be unlawful for any person to publicly consume any alcoholic liquor at any community function, or at or near any place of business, Indian celebration grounds, recreational areas, including ballparks and public camping areas, the Tribal Headquarters area and any other area where minors gather for meetings or recreation, except within a licensed business establishment on Tribal Land where liquor is sold. (e) It shall be unlawful for any person under the age of twenty-one (21) years [[Page 23816]] to buy, attempt to buy or to misrepresent their age in attempting to buy, alcoholic liquor. It shall be unlawful for any person under the age of twenty-one (21) years to transport, possess or consume any alcoholic liquor on Tribal Land, or to be under the influence of alcohol or to be at liquor business establishment on Tribal Land, except as authorized under CLUSITC 5-1-11 No person shall sell or furnish alcoholic liquor to any minor. (f) Alcoholic liquor may not be given as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind. (g) Without limiting the foregoing paragraphs in this chapter, any other prohibition relating to liquor under the state law of Oregon shall apply on Tribal Lands. 5-1-4 Application for Liquor Sales License An application for a liquor sales license under this Chapter 5-1 must be submitted at least thirty (30) days prior to the requested effective date on a form provided by the Tribal Council (available from the office of the Tribal Administrator). The application must be made by a person who is at least twenty-one (21) years of age and shall be submitted to the office of the Tribal Administrator with the required license fee. A license will not become effective unless the applicant delivers to the office of the Tribal Administrator: (a) valid copy of applicant's state liquor license from the Oregon Liquor Control Commission; and (b) proof of insurance sufficient to meet the requirements for a state liquor license from the Oregon Liquor Control Commission. Renewal Application for Liquor Sales License A Licensee may apply for renewal of a liquor sales license by filing, not less than thirty (30) days prior to the license expiration date, a renewal application on a form provided by the Tribal Council (available from the office of the Tribal Administrator). The renewal application shall be submitted to the office of the Tribal Administrator with the required license fee. A license renewal will not become effective unless the applicant delivers to the office of the Tribal Administrator: (a) a valid copy of applicant's state liquor license from the Oregon Liquor Control Commission; and (b) proof of insurance sufficient to meet the requirements for a state liquor license from the Oregon Liquor Control Commission. 5-1-6 Processing of a License Application or Renewal The Tribal Administrator shall cause notice of the receipt of any completed application or renewal application for a liquor sales license to be posted for a period of fourteen (14) days in the Administrative Building, Tribal Hall, Outreach Offices, on the Tribes' Web site, in the office of the Gaming Commission and at the business establishment on Tribal Land requesting the license prior to Tribal Council consideration of the application or renewal. The notice shall include a statement that any comments on the application or renewal may be directed to the Tribal Council by delivery to the office of the Tribal Administrator. (b) The Tribal Administrator shall deliver a copy of a completed application or renewal application to the Tribal Police Department for performance of a background check on the applicant. The Tribal Police Department, or its designee, will conduct a background check of the applicant and provide a report of its findings to the Tribal Administrator within ten (10) days of receipt of a copy of the completed application or renewal application. (c) The Tribal Administrator shall forward to the Tribal Council any complete application or renewal application for a liquor sales license submitted with the required fee, along with a copy of the Tribal Police Department background check and certification of the date notice was posted pursuant to CLUSITC 5-1-6(a). (d) Tribal Council action on a license application or renewal must be taken at a regular or special meeting. The Tribal Council shall deny an application for or renewal of a license if it determines that the applicant does not have a valid and current liquor license from the Oregon Liquor Control Commission. The Tribal Council may deny an application for or renewal of a license if it determines that sale of alcoholic liquor is not appropriate at that location. 5-1-7 Conditions on a Liquor Sales License (a) The following conditions apply to all liquor sales licenses: (1) The holder of a Tribal liquor license must also maintain a state liquor license from the Oregon Liquor Control Commission to the extent required under state law. (2) Except as provided in CLUSITC 5-1-7(d), a liquor sales license shall be valid for one (1) year from the date of its issuance. (3) A liquor sales license shall not be transferable. (4) The holder of the Tribal liquor license must maintain compliance with this Chapter 5-1 and Oregon Revised Statutes Chapter 471, including without limitation compliance with laws regarding the sale, service and handling of liquor. (b) The Tribal Council may impose any other conditions it deems necessary to safeguard and promote the safety, health and general welfare of members of the Tribes. (c) Unless otherwise specified, a renewed license will be subject to the same conditions as an original license and any additional conditions the Tribal Council deems appropriate. (b) A liquor sales license issued to a business establishment on Tribal Land operated by the Tribes, including without limitation Three Rivers Casino & Hotel and Ocean Dunes Golf Course, shall be valid so long as the Tribal business establishment on Tribal Land maintains a valid state liquor license from the Oregon Liquor Control Commission unless earlier revoked or suspended pursuant to CLUSITC 5-1-10 or surrendered by the Licensee. A business establishment on Tribal Land operated by the Tribes remains subject to all other applicable provisions of this Chapter, including all provisions applicable to a Licensee. 5-1-8 Special Event Liquor License An individual may request a special event liquor license for a special event or occasion of limited duration by submitting a request to the office of the Tribal Administrator for consideration by the Tribal Council. The Tribal Council may take action on a request for a special event liquor license, including imposing specific conditions on the license, at any regular or special meeting. Notwithstanding the foregoing, an individual requesting a special event liquor license under this section must also hold a state liquor license from the Oregon Liquor Control Commission, to the extent required under state law. 5-1-9 Appeal of a Licensing Application Decision (a) Should an applicant or Licensee disagree with a Tribal Council decision on an application for or renewal of a liquor sales license, the applicant or Licensee may request a hearing before the Tribal Council by submitting a written request for a hearing to the office of the Tribal Administrator not later than seven (7) days after receipt of the Tribal Council's decision. If an applicant or Licensee so submits a timely request, the Tribal Council shall provide reasonable notice to the applicant of a hearing date, time and [[Page 23817]] location, as well as the procedures to be followed at the hearing. (b) Following such hearing, the Tribal Council shall affirm, modify or reverse its initial licensing decision. Any denial of a liquor sales license or renewal of a liquor sales license is final. There is no further right of appeal. 5-1-10 Revocation or Suspension of License (a) Failure of a Licensee to abide by any provision of this Chapter 5-1 and any conditions set forth herein or imposed by Tribal Council may result in revocation or suspension of the Licensee's liquor sales license by the Tribal Council, as well as the assessment of civil penalties in accordance with CLUSITC 5-1-13. (b) Prior to suspension or revocation of a liquor sales license, the Licensee shall have the right to a hearing before the Tribal Council. The Tribal Council shall provide reasonable notice to the Licensee of the hearing date, time and location, as well as the procedures to be followed. If the Tribal Council decides to revoke or suspend a liquor sales license, they will issue a decision in writing. (c) The decision of the Tribal Council on the revocation or suspension of a liquor sales license is final. There is no further right of appeal. 5-1-11 Sale or Service of Liquor by Licensee's Minor Employees (a) The holder of a license issued under this Chapter 5-1 or Oregon Revised Statutes Chapter 471 may employ persons eighteen (18), nineteen (19) and twenty (20) years of age who may take orders for, serve and sell alcoholic liquor in any part of the licensed premises when that activity is incidental to the serving of food except in those areas classified by the Oregon Liquor Control Commission as being prohibited to the use of minors. However, no person who is eighteen (18), nineteen (19) or twenty (20) years of age shall be permitted to mix, pour or draw alcoholic liquor except when pouring is done as a service to the patron at the patron's table or drawing is done in a portion of the premises not prohibited to minors. (b) Except as stated in this section, it shall be unlawful to hire any person to work in connection with the sale and service of alcoholic beverages in a licensed business establishment on Tribal Land if such person is under the age of twenty-one (21) years. 5-1-12 Warning Signs Required Any person or business in possession of a liquor sales license, which sells liquor by the drink for consumption on the premises or sells for consumption off the premises, shall post a sign consistent with Oregon law informing the public of the effects and risks of alcohol consumption during pregnancy. 5-1-13 Civil Penalties & Forfeitures (a) The Tribal Council may assess a penalty against any person who violates this Chapter 5-1, in an amount not to exceed one thousand dollars ($1,000) for each violation, provided, however, that a penalty assessed against a minor shall not exceed five thousand dollars ($5,000). (b) Upon the assessment of a penalty, the person against whom the penalty was assessed may request a hearing before the Tribal Council by submitting a written request to the Tribal Council not later than seven (7) days after receipt of assessment. If the person against whom the penalty was assessed so submits a timely request, the Tribal Council shall provide reasonable notice to the person against whom the penalty was assessed of the hearing date, time and location, as well as the procedures to be followed. (c) If the Tribal Council upholds its decision to assess a penalty, the person against whom the penalty was assessed may appeal the decision to the Tribal Court, but only on the grounds that the decision was arbitrary and capricious or a violation of Tribal Constitutional rights. Such appeal must be filed with the Tribal Court in writing within fourteen (14) days following receipt of the Tribal Council's decision. The Tribal Court shall review without jury the decision of the Tribal Council. The person against whom the penalty was assessed has the burden of persuading the Tribal Court that the Tribal Council's decision is arbitrary or capricious or a violation of Tribal Constitutional rights. (9) In addition to assessing a penalty against any person who violates this Chapter 5-1, the Tribal Council may direct the confiscation of any alcoholic liquor sold or possessed by a person in violation of this Chapter 5-1. Confiscation will be treated the same as the assessment of a civil penalty in this section for appeal purposes. The confiscated alcoholic liquor shall be stored in a secure manner until the completion of any appeal. If the person does not appeal within the time provided, or if forfeiture is upheld by the Tribal Court on appeal, then the Tribal Council may sell the confiscated liquor for the benefit of the Tribes or may dispose of the liquor in any other manner they deem appropriate. (e) The Tribal Council hereby specifically finds that the penalties under this section are reasonably necessary and are related to the expense of governmental administration necessary in maintaining law and order and public safety on Tribal Land. All violations of this Chapter, whether committed by tribal members, non-member Indians, or non- Indians, are civil in nature rather than criminal. 5-1-14 Tribal Sovereign Immunity/Liability Nothing in this Chapter 5-1 shall be construed to have waived the sovereign immunity of the Tribes, any tribal entity, department or program, or any tribal official or employee, except as specifically and explicitly described herein. 5-1-15 Severability If a court of competent jurisdiction finds any provision of this Chapter 5-1 to be invalid or illegal under applicable Federal or Tribal law, such provision shall be severed from this Chapter 5-1 and the remainder of this Chapter 5-1 shall remain in full force and effect. 5-1-16 Consistency With State Law The Tribes will comply with Oregon liquor laws to the extent required by 18 U.S.C. 1161. 5-1-17 Effective Date (a) This Chapter 5-1 shall be effective upon publication in the Federal Register after approval by the Secretary of the Interior or his designee. (b) Tribal Council may adopt amendments to this Chapter 5-1 and those amendments shall be effective upon publication in the Federal Register after approval by the Secretary of the Interior or his designee. [FR Doc. 2015-09954 Filed 4-28-15; 8:45 am] BILLING CODE 4337-15-P
![Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices 23815
Giving an Oral Presentation DATES: Effective Date: This code shall 1 and Art. VI, section 2. This Chapter 5–
become effective 30 days after April 29, 1 is intended, and shall be construed, to
Individuals or groups requesting to 2015. conform to the requirements of state law
make an oral presentation at the meeting as required by 18 U.S.C. 1161.
FOR FURTHER INFORMATION CONTACT:
will be limited to 2 minutes per speaker, (b) This Chapter 5–1 is for the
Gregory Norton, Division of Tribal
with no more than a total of 30 minutes purpose of regulating the sale,
Government Services Officer, Northwest
for all speakers. Interested parties possession and use of alcoholic liquor
Regional Office, Bureau of Indian
should contact the Council Coordinator, Affairs, 911 NE 11th Avenue, Portland, on Tribal Land of the Confederated
in writing (preferably via email; see FOR OR 97232–4169, Telephone: (503) 231– Tribes of the Coos, Lower Umpqua and
FURTHER INFORMATION CONTACT), to be Siuslaw Indians (Tribes).
6723, Fax: (503) 231–2201; or Laurel
placed on the public speaker list for this Iron Cloud, Chief, Division of Tribal
meeting. Nonregistered public speakers 5–1–2 Definitions
Government Services, Office of Indian
will not be considered during the Services, Bureau of Indian Affairs, 1849 The following definitions shall apply
meeting. Registered speakers who wish C Street NW., MS–4513–MIB, to this Chapter 5–1:
to expand upon their oral statements, or Washington, DC 20240, Telephone: (a) Alcoholic Beverages and Alcoholic
those who had wished to speak but (202) 513–7641. Liquor (Liquor)—any liquid or solid
could not be accommodated on the containing more than one half of one
SUPPLEMENTARY INFORMATION: Pursuant
agenda, may submit written statements percent (0.5%) alcohol by volume and
to the Act of August 15, 1953, Public capable of being consumed by a human
to the Council Coordinator up to 30
Law 83–277, 67 Stat. 586, 18 U.S.C. being.
days subsequent to the meeting.
1161, as interpreted by the Supreme (b) Tribal Land—all lands within the
Meeting Minutes Court in Rice v. Rehner, 463 U.S. 713 exterior boundaries of the reservation
(1983), the Secretary of the Interior shall and trust lands of the Tribes.
Summary minutes of the conference certify and publish in the Federal
will be maintained by the Council (c) Licensee—any person or entity that
Register notice of adopted liquor holds a valid and current license
Coordinator (see FOR FURTHER ordinances for the purpose of regulating
INFORMATION CONTACT). They will be
pursuant to the provisions of this
liquor transactions in Indian country. Chapter 5–1.
available for public inspection within The Confederated Tribes of the Coos, (d) Sale and Sell
90 days of the meeting, and will be Lower Umpqua and Siuslaw Indians (1) To provide alcoholic liquor in
posted on the Council’s Web site at Tribal Council duly adopted exchange for any value, consideration,
http://www.fws.gov/whhcc. amendments to the CLUSTIC Chapter 5– or promise, or in any way other than
Dated: April 20, 2015. 1 (Liquor Control) by Ordinance #031B purely gratuitously.
Stephen Guertin, on August 10, 2014. This Federal (2) To solicit or receive an order for
Acting Director. Register notice amends and supersedes alcoholic liquor.
[FR Doc. 2015–09972 Filed 4–28–15; 8:45 am] the Confederated Tribes of the Coos, (3) To keep or expose alcoholic liquor
Lower Umpqua and Siuslaw Indians for sale or with the intent to sell.
BILLING CODE 4310–55–P
Tribal (Confederated Tribes of the Coos) (4) To peddle or traffic in alcoholic
Liquor Code, enacted by the liquor.
DEPARTMENT OF THE INTERIOR Confederated Tribes of the Coos, Lower 5–1–3 Prohibited Activity
Umpqua and Siuslaw Indians Tribal
Bureau of Indian Affairs Council, published in the Federal (a) It shall be unlawful for any person
Register on February 23, 2006 (71 FR or business establishment on Tribal
Land to sell liquor without a liquor sales
[156A2100DD/AAKC001030/ 9369).
This notice is published in license from the Tribes.
A0A501010.999900 253G] (b) It shall be unlawful for any person
accordance with the authority delegated
or business establishment on Tribal
Confederated Tribes of the Coos, by the Secretary of the Interior to the
Land to possess, transport or keep with
Lower Umpqua and Siuslaw Indians Assistant Secretary—Indian Affairs. I
intent to sell any liquor, except for those
Tribal Code (CLUSITC)—Liquor certify that the Confederated Tribes of
licensed business establishments on
Control the Coos, Lower Umpqua and Siuslaw
Tribal Land, provided, however, that a
Indians Tribal Council duly adopted
AGENCY: Bureau of Indian Affairs, person may transport liquor from a
amendments to the CLUSTIC Chapter 5–
Interior. licensed business establishment on
1 (Liquor Control) by Ordinance #031B
Tribal Land consistent with the terms of
ACTION: Notice. on August 10, 2014.
the license.
Dated: April 23, 2015. (c) It shall be unlawful for any person
SUMMARY: This notice publishes the Kevin K. Washburn, to consume alcoholic liquor on a public
amendment to the Confederated Tribes Assistant Secretary—Indian Affairs. highway.
of the Coos, Lower Umpqua and The Confederated Tribes of the Coos, (d) It shall be unlawful for any person
Siuslaw Indians Title 5—Regulatory Lower Umpqua and Siuslaw Indians to publicly consume any alcoholic
Provisions, Chapter 5–1, Liquor Control Title 5—Regulatory Provisions, Chapter liquor at any community function, or at
(Chapter). This Chapter amends the 5–1, Liquor Control (Chapter), as or near any place of business, Indian
existing Confederated Tribes of the amended, shall read as follows: celebration grounds, recreational areas,
mstockstill on DSK4VPTVN1PROD with NOTICES
Coos, Lower Umpqua and Siuslaw including ballparks and public camping
Indians Tribal (Confederated Tribes of Title 5—Regulatory Provisions areas, the Tribal Headquarters area and
the Coos) Liquor Code, enacted by the Chapter 5–1 Liquor Control any other area where minors gather for
Confederated Tribes of the Coos, Lower meetings or recreation, except within a
Umpqua and Siuslaw Indians Tribal Authority and Purpose licensed business establishment on
Council, which was published in the (a) The authority for this Chapter 5– Tribal Land where liquor is sold.
Federal Register on February 23, 2006 1 and its adoption by Tribal Council is (e) It shall be unlawful for any person
(71 FR 9369). found in the CLUSI Const. Art. I, section under the age of twenty-one (21) years
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![Federal Register / Vol. 80, No. 82 / Wednesday, April 29, 2015 / Notices 23817
location, as well as the procedures to be liquor by the drink for consumption on (e) The Tribal Council hereby
followed at the hearing. the premises or sells for consumption specifically finds that the penalties
(b) Following such hearing, the Tribal off the premises, shall post a sign under this section are reasonably
Council shall affirm, modify or reverse consistent with Oregon law informing necessary and are related to the expense
its initial licensing decision. the public of the effects and risks of of governmental administration
Any denial of a liquor sales license or alcohol consumption during pregnancy. necessary in maintaining law and order
renewal of a liquor sales license is final. and public safety on Tribal Land. All
There is no further right of appeal. 5–1–13 Civil Penalties & Forfeitures
violations of this Chapter, whether
5–1–10 Revocation or Suspension of (a) The Tribal Council may assess a committed by tribal members, non-
License penalty against any person who violates member Indians, or non-Indians, are
this Chapter 5–1, in an amount not to civil in nature rather than criminal.
(a) Failure of a Licensee to abide by exceed one thousand dollars ($1,000) for
any provision of this Chapter 5–1 and 5–1–14 Tribal Sovereign Immunity/
each violation, provided, however, that
any conditions set forth herein or Liability
a penalty assessed against a minor shall
imposed by Tribal Council may result in not exceed five thousand dollars Nothing in this Chapter 5–1 shall be
revocation or suspension of the ($5,000). construed to have waived the sovereign
Licensee’s liquor sales license by the (b) Upon the assessment of a penalty, immunity of the Tribes, any tribal
Tribal Council, as well as the the person against whom the penalty entity, department or program, or any
assessment of civil penalties in was assessed may request a hearing tribal official or employee, except as
accordance with CLUSITC 5–1–13. before the Tribal Council by submitting specifically and explicitly described
(b) Prior to suspension or revocation a written request to the Tribal Council herein.
of a liquor sales license, the Licensee not later than seven (7) days after
shall have the right to a hearing before 5–1–15 Severability
receipt of assessment. If the person
the Tribal Council. The Tribal Council against whom the penalty was assessed If a court of competent jurisdiction
shall provide reasonable notice to the so submits a timely request, the Tribal finds any provision of this Chapter 5–
Licensee of the hearing date, time and Council shall provide reasonable notice 1 to be invalid or illegal under
location, as well as the procedures to be to the person against whom the penalty applicable Federal or Tribal law, such
followed. If the Tribal Council decides was assessed of the hearing date, time provision shall be severed from this
to revoke or suspend a liquor sales and location, as well as the procedures Chapter 5–1 and the remainder of this
license, they will issue a decision in to be followed. Chapter 5–1 shall remain in full force
writing. and effect.
(c) If the Tribal Council upholds its
(c) The decision of the Tribal Council
decision to assess a penalty, the person 5–1–16 Consistency With State Law
on the revocation or suspension of a
against whom the penalty was assessed
liquor sales license is final. There is no The Tribes will comply with Oregon
may appeal the decision to the Tribal
further right of appeal. liquor laws to the extent required by 18
Court, but only on the grounds that the
5–1–11 Sale or Service of Liquor by U.S.C. 1161.
decision was arbitrary and capricious or
Licensee’s Minor Employees a violation of Tribal Constitutional 5–1–17 Effective Date
(a) The holder of a license issued rights. Such appeal must be filed with (a) This Chapter 5–1 shall be effective
under this Chapter 5–1 or Oregon the Tribal Court in writing within upon publication in the Federal
Revised Statutes Chapter 471 may fourteen (14) days following receipt of Register after approval by the Secretary
employ persons eighteen (18), nineteen the Tribal Council’s decision. The Tribal of the Interior or his designee.
(19) and twenty (20) years of age who Court shall review without jury the (b) Tribal Council may adopt
may take orders for, serve and sell decision of the Tribal Council. The amendments to this Chapter 5–1 and
alcoholic liquor in any part of the person against whom the penalty was those amendments shall be effective
licensed premises when that activity is assessed has the burden of persuading upon publication in the Federal
incidental to the serving of food except the Tribal Court that the Tribal Register after approval by the Secretary
in those areas classified by the Oregon Council’s decision is arbitrary or of the Interior or his designee.
Liquor Control Commission as being capricious or a violation of Tribal
[FR Doc. 2015–09954 Filed 4–28–15; 8:45 am]
prohibited to the use of minors. Constitutional rights.
BILLING CODE 4337–15–P
However, no person who is eighteen (9) In addition to assessing a penalty
(18), nineteen (19) or twenty (20) years against any person who violates this
of age shall be permitted to mix, pour Chapter 5–1, the Tribal Council may
DEPARTMENT OF THE INTERIOR
or draw alcoholic liquor except when direct the confiscation of any alcoholic
pouring is done as a service to the liquor sold or possessed by a person in Bureau of Land Management
patron at the patron’s table or drawing violation of this Chapter 5–1.
Confiscation will be treated the same as [LLCOF00000–PO0000–L19900000]
is done in a portion of the premises not
prohibited to minors. the assessment of a civil penalty in this
Notice of Meeting, Front Range
(b) Except as stated in this section, it section for appeal purposes. The
Resource Advisory Council
shall be unlawful to hire any person to confiscated alcoholic liquor shall be
work in connection with the sale and stored in a secure manner until the AGENCY: Bureau of Land Management,
mstockstill on DSK4VPTVN1PROD with NOTICES
service of alcoholic beverages in a completion of any appeal. If the person Interior.
licensed business establishment on does not appeal within the time ACTION: Notice of public meeting.
Tribal Land if such person is under the provided, or if forfeiture is upheld by
age of twenty-one (21) years. the Tribal Court on appeal, then the SUMMARY: In accordance with the
Tribal Council may sell the confiscated Federal Land Policy and Management
5–1–12 Warning Signs Required liquor for the benefit of the Tribes or Act and the Federal Advisory
Any person or business in possession may dispose of the liquor in any other Committee Act of 1972, the U.S.
of a liquor sales license, which sells manner they deem appropriate. Department of the Interior, Bureau of
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Document Created: 2015-12-16 08:26:09
Document Modified: 2015-12-16 08:26:09
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | Gregory Norton, Division of Tribal Government Services Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 11th Avenue, Portland, OR 97232-4169, Telephone: (503) 231-6723, Fax: (503) 231-2201; or Laurel Iron Cloud, Chief, Division of Tribal Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240, Telephone: (202) 513-7641. | |
| FR Citation | 80 FR 23815 |
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