80 FR 44376 - Pascua Yaqui Tribe of Arizona-2015 Liquor Control Ordinance

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 143 (July 27, 2015)

This notice publishes the Pascua Yaqui Tribe of Arizona's 2015 Liquor Control Ordinance. The ordinance regulates and controls the possession, sale and consumption of liquor within the Pascua Yaqui Tribe of Arizona's Indian country. This ordinance allows for the possession and sale of alcoholic beverages within the jurisdiction of the Pascua Yaqui Tribe of Arizona, will increase the ability of the tribal government to control the distribution and possession of liquor within their Indian country, and at the same time, will provide an important source of revenue, the strengthening of the tribal government, and the delivery of tribal services.

[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Notices]
[Pages 44376-44378]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18286]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[156A2100DD/AAKC001030/A0A501010.999900 253G]


Pascua Yaqui Tribe of Arizona--2015 Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice publishes the Pascua Yaqui Tribe of Arizona's 2015 
Liquor Control Ordinance. The ordinance regulates and controls the 
possession, sale and consumption of liquor within the Pascua Yaqui 
Tribe of Arizona's Indian country. This ordinance allows for the 
possession and sale of alcoholic beverages within the jurisdiction of 
the Pascua Yaqui Tribe of Arizona, will increase the ability of the 
tribal government to control the distribution and possession of liquor 
within their Indian country, and at the same time, will provide an 
important source of revenue, the strengthening of the tribal 
government, and the delivery of tribal services.

DATES: Effective Date: This law is effective August 27, 2015.

FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government 
Services Officer, Western Regional Office, Bureau of Indian Affairs, 
2600 North Central Avenue, Phoenix, AZ 85004; Phone: (602) 379-6786; 
Fax: (602) 379-379-4100, 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. Pascua Yaqui Tribal Council duly 
adopted this law by Resolution No. C06-103-15 on June 10, 2015.
    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 Pascua Yaqui Tribe of Arizona duly adopted 
the 2015 Liquor Control Ordinance 07-15 by Resolution No. C06-103-15 on 
June 10, 2015.

    Dated: July 21, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
    The Pascua Yaqui Liquor Control Ordinance of 2015 shall read as 
follows:

Section 10 Short Title: Codification (8 PYTC Sec.  6-5-10)

    (A) This Ordinance is an Ordinance of the Pascua Yaqui Tribe of 
Arizona, and shall be known as the Pascua Yaqui Liquor Control 
Ordinance of 2015.
    (B) This Ordinance shall be codified pursuant to the Pascua Yaqui 
Tribe Codification Ordinance as Title 8, Part VI, Chapter 6-5.

Section 20 General (8 PYTC Sec.  6-5-20)

    (A) This Ordinance is for the purpose of regulating the sale, 
possession and use of alcoholic liquor on the Pascua Yaqui Reservation 
and adjacent Trust Lands held by the United States for the benefit of 
the Pascua Yaqui Tribe of

[[Page 44377]]

Arizona. The enactment of this Ordinance will enable the Pascua Yaqui 
Tribe of Arizona and its Tribal Government to regulate liquor 
distribution and possession on the Pascua Yaqui Reservation, as defined 
in Subsection 8 PYTC Sec.  6-5-30 (C) below.
    (B) Subject to certain limitations, Article VI, Sections 1(l), 1(0) 
1(t), and 1(w) of the Constitution of the Pascua Yaqui Tribe of 
Arizona, adopted on January 26, 1988 and approved by the Secretary of 
the Interior on February 8, 1988 pursuant to Section 16 of the Indian 
Reorganization Act of June 18, 1934 (48 Stat. 984), vests the Pascua 
Yaqui Tribal Council with legislative and executive authority, 
including the authority to adopt this Ordinance.
    (C) Jurisdiction. This Ordinance is adopted in accordance with the 
18 U.S.C.Sec.  1161, and conforms with all requisite laws of the State 
of Arizona in accordance with the requirements of 18 U.S.C.Sec.  1161.

Section 30 Definitions (8 PYTC Sec.  6-5-30)

    To the extent that definitions are consistent with tribal or 
federal laws, terms used herein shall have the same meaning as defined 
in Arizona Revised Statutes (``ARS'') Title 4, and as defined in 
Administrative Rules of the Arizona Department of Liquor Licenses and 
Control to administer ARS, Title 4.
    (A) ``Alcoholic Liquor'' shall mean any alcoholic beverage 
containing more than one-half of one percent alcohol by volume, and 
every liquid or solid, patented or not, containing alcohol and capable 
of being consumed by a human being.
    (B) ``Land Assignment'' means a Land Assignment as defined in the 
Pascua Yaqui Tribal Code.
    (C) ``Pascua Yaqui Reservation'' shall mean all lands held in trust 
by the United States for the Pascua Yaqui Tribe of Arizona or its 
members. It also includes any roads or rights-of-way located within the 
external boundaries of the Pascua Yaqui Reservation.
    (D) Whenever the words ``sell'' or ``to sell'' refer to anything 
forbidden by this Chapter and related to alcoholic liquor, they 
include:
    (1) To solicit or receive and order;
    (2) To keep or expose for sale;
    (3) To deliver for value or in any way other than purely 
gratuitously;
    (4) To peddle;
    (5) To keep with intent to sell;
    (6) To traffic in;
    (7) To engage in a transaction for any consideration or promise 
obtained directly or indirectly under any pretext or by any means or to 
procure or allow to be procured for any other person;
    (8) The word ``sale'' includes every act of selling as defined in 
this Subsection (D) of Section 8 PYTC Sec.  6-5-30;
    (9) The word ``person'' includes a human being or any entity that 
is recognized by law as having the rights and/or duties of a human 
being.
    (E) ``Tribal'' refers to the Pascua Yaqui Tribe of Arizona.
    (F) ``Tribe'' shall mean the Pascua Yaqui Tribe of Arizona.

Section 40 Civil Violation (8 PYTC Sec.  6-6-40)

    Any of the following shall be a civil violation in prosecutable in 
the Pascua Yaqui Tribal Court under this Ordinance:
    (A) For any person to sell, trade or manufacture any alcoholic 
liquor on the Pascua Yaqui Reservation, except as provided for in this 
Ordinance.
    (B) For any business establishment or person on the Pascua Yaqui 
Reservation to possess, transport or keep with intent to sell, barter 
or trade to another, any liquor, except for those commercial liquor 
establishments on the Pascua Yaqui Reservation licensed by the Arizona 
Department of Liquor Licenses and Control and approved by the Pascua 
Yaqui Tribal Council by resolution, provided however that a person may 
transport liquor from a licensed establishment consistent with the 
terms of the license.
    (C) For any person to consume alcoholic liquor on a public road on 
the Pascua Yaqui Reservation.
    (D) For any person to publicly consume any alcoholic liquor at any 
community function, or at or near any place of business, celebration 
grounds, recreational areas, including ballparks, Tribal government 
facilities, and any other public area where minors gather for meetings 
or recreation, except within a licensed establishment where alcohol is 
sold.
    (E) For any person under the age of 21 years to buy, attempt to buy 
or to misrepresent their age in attempting to buy alcoholic liquor.
    (F) For any person under the age of 21 years to transport, possess 
or consume any alcoholic liquor on the Pascua Yaqui Reservation, or to 
be under the influence of alcohol or to be at an established commercial 
liquor establishment, except as authorized under this Ordinance.
    (G) For any person to sell or furnish alcoholic liquor to any 
person under 21 years of age.
    (H) For alcoholic liquor to be given as a prize, premium or 
consideration for a lottery, contest, game of chance or skill, or 
competition of any kind.

Section 50 Criminal Violations (8 PYTC Sec.  6-5-50)

    (A) Except as set forth in subsections (B), (C), and (D) below, it 
shall be a violation of 18 U.S.C. Sec.  1154(a) for any person not 
having a license issued by the State of Arizona for the sale alcohol on 
the Pascua Yaqui Reservation to sell or distribute alcohol on the 
Pascua Yaqui Reservation, and the criminal penalties therefore shall be 
as established in 18 U.S.C. Sec.  1154(a).
    (B) It shall be permissible, and shall not be a criminal violation 
of 18 U.S.C. Sec.  1154(a), for a person who is 21 years of age or 
older to distribute, but not sell, alcohol to any other person 21 years 
of age or older, who are both lawfully present on a residential Land 
Assignment of the Pascua Yaqui Tribe with the consent of the Land 
Assignment holder.
    (C) It shall be permissible, and shall not be a criminal violation 
of 18 U.S.C. Sec.  1154(a), for a person who is 21 years of age or 
older to distribute, but not sell, alcohol to any other person 21 years 
of age or older, who are both lawfully present at a rental residence, 
or its surrounding land, owned by the Pascua Yaqui Tribe with the 
consent of the authorized tenant.
    (D) It shall be permissible, and shall not be a criminal violation 
of 18 U.S.C. Sec.  1154(a), for a person or entity having a liquor 
license issued by the State of Arizona for sale of liquor on the Pascua 
Yaqui Reservation, or for any employee of a person or entity having a 
liquor license issued by the State of Arizona for sale of liquor on the 
Pascua Yaqui Reservation, to sell or distribute alcohol on the Pascua 
Yaqui Reservation.

Section 60 Licensing Procedure (8 PYTC Sec.  6-5-60)

    (A) Requests, issuances of, and renewals of, licenses under this 
Ordinance shall be made to the State of Arizona in accordance with the 
standards set forth by the State of Arizona in ARS Title 4 and the 
regulations established by the Arizona Liquor License Control Board to 
administer ARS Title 4.
    (B) The Pascua Yaqui Tribal Council shall be the ``local governing 
body,'' as set out in ARS Sec.  4-201, for license applications, 
issuances, and renewals for locations on the Pascua Yaqui Reservation.
    (C) Licensees shall not conduct operations under those licenses, 
nor activities related thereto, on Tribal Land Assignments or rental 
properties, which are reserved for residential purposes only.
    (D) Licenses may be terminated by the Arizona Department of Liquor 
Licenses

[[Page 44378]]

and Control and/or Arizona Liquor License Control Board in accordance 
with their respective laws, regulations, policies and procedures. The 
laws, rules and regulations of the Arizona Department of Liquor 
Licenses and Control and/or the Arizona Liquor License Control Board 
with regard to liquor license enforcement, review, and revocation 
proceedings shall be applicable to Liquor Licenses on the Pascua Yaqui 
Reservation.

Section 70 Warning Signs Required (8 PYTC Sec.  6-5-70)

    Licensees on the Pascua Yaqui Reservation shall comply with the 
requirements of ARS Sec.  4-261, and shall post the signs required by 
that section in accordance with the requirements of that section.

Section 80 Jurisdiction & Violations of this Ordinance (8 PYTC Sec.  6-
5-80)

    (A) The Pascua Yaqui Tribal Court shall have exclusive jurisdiction 
over enforcement of all provision of this Ordinance, except for 
violations of 8 PYTC Sec.  6-5-50 (A) committed by non-Indians. This 
shall not preclude any of the United States of America, the Arizona 
Department of Liquor Licenses and Control and/or the Arizona Liquor 
License Control Board from administering and enforcing their respective 
laws, regulations, policies and procedures, including, but not limited 
to, unlawful distribution of alcohol, licensing requirements, the 
issuance of liquor licenses, liquor license violations, licensee 
disciplinary proceedings, and license revocation proceedings.
    (B) Any person present on the Pascua Yaqui Reservation shall be 
deemed to have consented to the civil jurisdiction of the Pascua Yaqui 
Tribal Court, and any Indian present on the Pascua Yaqui Reservation 
shall be deemed to have consented to criminal jurisdiction of the 
Pascua Yaqui Tribal Court, and may be subject to a civil or criminal 
penalty as applicable in the Pascua Yaqui Tribal Court for a civil or 
criminal violations of this Ordinance. The Indian Civil Rights Act 
shall be applicable to Indians charged with criminal violations of this 
Ordinance.
    (C) For any violation of 8 PYTC Sec.  6-6-40 the Pascua Yaqui 
Tribal Court may impose a civil penalty in an amount not to exceed 
$1,000 per violation.
    (D) The Pascua Yaqui Prosecutor's Office shall bring enforcement 
actions of alleged violations of 8 PYTC Sec.  6-6-40.
    (E) The burden of proof for alleged violations of 8 PYTC Sec.  6-6-
40 shall be a preponderance of the evidence.
    (F) There shall be no right of jury trial or court-appointed legal 
counsel for alleged violations of 8 PYTC Sec.  6-6-40.
    (G) Alleged violations of 8 PYTC Sec.  6-6-40 above may be brought 
jointly with a criminal violation of Pascua Yaqui Tribal law, or may be 
brought separately.
    (H) The Tribal Council hereby specifically finds that civil 
penalties imposed for violations of 8 PYTC Sec.  6-6-40 are payable to 
the Pascua Yaqui Tribe, and are reasonably necessary and related to the 
expense of governmental administration necessary in maintaining law and 
order and public safety, and in managing, protecting and developing the 
natural resources on the Reservation. It is the legislative intent of 
the Tribal Council that all violations of 8 PYTC Sec.  6-6-40, whether 
committed by tribal members, non-member Indians, or non-Indians, shall 
be considered civil in nature, rather than criminal.

Section 90 Severability (8 PYTC Sec.  6-5-90)

    If a court of competent jurisdiction finds any provision of this 
Ordinance to be invalid or illegal under applicable Federal or Tribal 
law, such provision shall be severed from the Ordinance and the 
remainder of this Ordinance shall remain in full force and effect.

Section 100 Compliance with 18 U.S.C. 1154(a) and 18 U.S.C. 1161 (8 
PYTC Sec.  6-5-100)

    The Tribe will comply with 18 U.S.C. Sec.  1154(a) and 18 U.S.C. 
1161, and other laws of the United States regarding distribution of 
alcohol on the Pascua Yaqui Reservation, and will comply with the laws 
and regulations of the State of Arizona regarding licenses to sell 
alcohol to the extent they are applicable to the Tribe under 18 U.S.C. 
1161, other laws of the United States, or the laws of the State of 
Arizona.

Section 110 Effective Date (8 PYTC Sec.  6-5-110)

    This Ordinance shall be effective on the THIRTY FIRST DAY AFTER 
approval by the Secretary of Interior, and publication in the Federal 
Register as provided by 18 U.S.C. 1161.

Section 120 Sovereign Immunity (8 PYTC Sec.  6-5-120)

    Nothing in this Ordinance either waives or shall be deemed or 
construed as a waiver of the sovereign immunity of the Tribe, nor any 
of its elected officials, officers, directors, employees or 
governmental enterprises, entities, departments or components and any 
respective officers, directors or employees thereof.''

[FR Doc. 2015-18286 Filed 7-24-15; 8:45 am]
BILLING CODE 4337-15-P