81 FR 1198 - Stillaguamish Tribe of Indians-Amendment to Liquor Control Ordinance

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 6 (January 11, 2016)

This notice publishes the Stillaguamish Tribe of Indians Liquor Control Ordinance. The ordinance allows the Tribe to manufacture beer, and allows for the sale, distribution, and tribal taxation of beer within the jurisdiction of the Stillaguamish Tribe of Indians. This Ordinance repeals and replaces the previous liquor control ordinance published in the Federal Register on June 12, 2012 (77 FR 34982).

[Federal Register Volume 81, Number 6 (Monday, January 11, 2016)]
[Notices]
[Pages 1198-1200]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00334]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167 A2100DD/AAKC001030/A0A501010.999900]


Stillaguamish Tribe of Indians--Amendment to Liquor Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Stillaguamish Tribe of Indians 
Liquor Control Ordinance. The ordinance allows the Tribe to manufacture 
beer, and allows for the sale, distribution, and tribal taxation of 
beer within the jurisdiction of the Stillaguamish Tribe of Indians. 
This Ordinance repeals and replaces the previous liquor control 
ordinance published in the Federal Register on June 12, 2012 (77 FR 
34982).

DATES: This ordinance is effective January 11, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Gregory Norton, Tribal Government

[[Page 1199]]

Officer, Northwest Regional Office, Bureau of Indian Affairs, 911 NE 
11th Avenue, Portland, OR 97232; Telephone: (503) 231-6702; Fax: (503) 
231-2201, or Ms. 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 Stillaguamish Tribe of Indians duly 
adopted Resolution Number 2015/099 on May 28, 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 Stillaguamish Tribe of Indians duly adopted 
this amendment to the Stillaguamish Tribe of Indians Liquor Ordinance 
by Resolution Number 2015/099 on May 28, 2015.

    Dated: December 21, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
SUBCHAPTER 600
STILLAGUAMISH TRIBE OF INDIANS LIQUOR CONTROL ORDINANCE
GENERAL PROVISIONS

3.06.600 General Purpose

    The Stillaguamish Tribe of Indians (Tribe) has a significant 
interest in protecting the health, safety and general welfare of its 
members, the residents within the Tribe's Indian Country and those 
persons and businesses doing business on and/or visiting the Tribe's 
Indian Country. The purpose of the Ordinance is to exercise the Tribe's 
jurisdiction to regulate the sale, manufacturing, distribution, and 
taxation of liquor within the Tribe's Indian Country in conformity with 
any compact between the Tribe and the State of Washington, Article 10 
of the Treaty of Point Elliott of 1855, 12 Stat. 927, to which the 
Tribe is a party, and in conformity with 18 U.S.C. 1161, and to raise 
revenues to fund health, safety and general welfare programs and 
services provided to Tribal members and residents of and visitors to 
land within the Tribe's territorial jurisdiction.
    The authority to protect the Tribe as a sovereign political entity 
and to adopt the Ordinance codified herein is vested in the 
Stillaguamish Tribe of Indians, Board of Directors under Article III 
and Article V, Sec. 1 of the Constitution, which Board has enumerated 
authority under Article V, Sec. 1 (a) to enact a comprehensive law and 
order code which provides for tribal civil and criminal jurisdiction; 
under Article V Sec. 1(b) to administer the affairs and assets of the 
Tribe, including tribal lands and funds; under Article V, Section 1(d) 
to provide for taxes, assessments, permits and license fees upon 
members and non-members within the Tribe's jurisdiction; and under 
Article V Sec. l(h), to exercise other necessary powers to fulfill the 
Board's obligations, responsibilities and purposes as the governing 
body of the Tribe; and in the inherent sovereignty of the Stillaguamish 
Tribe of Indians to regulate its own territory and activities therein.
    The need exists for strict tribal regulation and control over 
liquor distribution, manufacturing, sales and taxation within the 
Tribe's Indian Country. Therefore, in the public interest and for the 
welfare of the people of the Stillaguamish Tribe of Indians, its 
employees, the residents of and visitors to Indian Country, the 
Stillaguamish Board of Directors, in the exercise of its authority 
under the Tribe's Constitution, declares its purpose by the provisions 
of this Subchapter to regulate the sale, manufacturing and distribution 
of liquor.

3.06.601 Scope

    (1) This Subchapter shall apply to the full extent of the sovereign 
jurisdiction of the Tribe.
    (2) Compliance with this Subchapter is hereby made a condition of 
the use of any land or premises within the Tribe's Indian Country.
    (3) Any person who resides, conducts business, engages in a 
business transaction, receives benefits from the Tribe, acts under 
tribal authority, or enters the Tribe's Indian Country shall be deemed 
to have consented to the following:
    (a) To be bound by the terms of this Subchapter;
    (b) To the exercise of the exclusive jurisdiction of the 
Stillaguamish tribal Court for legal actions arising pursuant to this 
Subchapter; and
    (c) To detainment, service of summons and process, and search and 
seizure, in conjunction with legal actions arising pursuant to this 
Subchapter.
    (4) No portion of this Ordinance and Subchapter shall be construed 
as contrary to Federal law.

3.06.602 Repeal of Prior Liquor Control Laws

    (1) All ordinances and resolutions of the Tribe regulating, 
authorizing, prohibiting or in any way dealing with the sale of liquor 
heretofore enacted or now in effect are hereby repealed and are 
declared to be of no further force and effect, with the exception of 
the provisions of the Stillaguamish Tribe of Indians Law and Order 
Code, including but not limited to the provisions of Chapter 8.40, 
Alcohol-Related Offenses.
    (2) The provisions of this Subchapter shall be prospective only 
from the date of its effectiveness. Nothing contained herein shall be 
deemed to revoke any presently existing valid license or permit or 
renewal thereof previously issued by the Washington State Liquor 
Control Board or the exercise of privilege given thereunder to any 
retailer subject to the provisions of this Subchapter.

3.06.603 Definitions

    All definitions of the Taxation Code Section 3.06.201 apply herein 
unless the terms are otherwise defined in this Subchapter. For purposes 
of this Subchapter, whenever any of the following words, terms or 
definitions is used herein, they shall have the meaning ascribed to 
them in this Subchapter:
    (1) ``Brewer'' or ``brewery'' means any person engaged in the 
business of manufacturing beer and malt liquor and as such terms are 
further defined in the Revised Code of Washington in RCW 66.04.010.
    (2) ``Indian Country,'' consistent with the meaning given in 18 
U.S.C. 1151 means: (a) all land within the limits of the Stillaguamish 
Indian Reservation under the jurisdiction of the United States 
government, notwithstanding the issuance of any patent, and, including 
rights of way running through the reservation; and (b) all Indian 
allotments or other lands held in trust for the Tribe or a member of 
the Tribe, including rights of way running through the same.
    (3) ``Liquor'' means the four varieties of liquor (alcohol, 
spirits, wine, and beer), and all fermented, spirituous, vinous, or 
malt liquor, or combinations thereof, and mixed liquor, a part of which 
is fermented, spirituous, vinous or malt liquor, or otherwise 
intoxicating; and as such term and the four varieties thereof are 
further defined in the Revised Code of Washington in RCW 66.04.010.
    (4) ``Malt beverage'' or ``malt liquor'' means any beverage such as 
beer, ale, lager beer, stout, and porter obtained by

[[Page 1200]]

the alcoholic fermentation of an infusion or decoction of pure hops, or 
pure extract of hops and pure barley malt or other wholesome grain or 
cereal in pure water containing not more than eight percent of alcohol 
by weight, and not less than one-half of one percent of alcohol by 
volume. For purposes this Subchapter, any such beverage containing more 
than eight percent of alcohol by weight shall be referred to as 
``strong beer.''
    (5) ``Manufacturer'' means a person engaged in the preparation and 
manufacturing of liquor for sale, in any form whatsoever.
    (6) ``Sale'' and ``sell'' means the same as such terms are defined 
in the Revised Code of Washington in RCW 66.04.010.
    (7) ``Tribal retailer'' means a liquor retailer wholly owned by the 
Stillaguamish Tribe of Indians and located in Indian Country.
    (8) ``Tribally-licensed retailer'' means a person who has a 
business license from the Tribe to sell liquor at retail from a 
business located in Indian Country.

3.06.604 Stillaguamish Tax Commission

    The Board hereby authorizes the Tax Commission of the Stillaguamish 
Tribe of Indians to administer this Subchapter, including general 
control, management and supervision of all liquor sales, manufacturing, 
and distribution, places of sale and sales outlets, and to exercise all 
of the powers and accomplish all of the purposes thereof as hereinafter 
set forth any do the following acts and things for and on behalf of and 
in the name of the Tribe:
    (1) Adopting and enforcing rules and regulations for the purpose of 
carrying into effect the provisions of this Subchapter the performance 
of its functions;
    (2) Collecting, auditing and issuing fees, licenses, taxes and 
permits; and
    (3) Performing all matters and things incidental to and necessary 
to conduct its business and carry out its duties and functions under 
this Subchapter.
LICENSE REQUIRED

3.06.610 License Required of Tribal Retailers and Tribally-licensed 
Retailers

    Every person engaging in the business of selling, manufacturing, or 
distributing liquor within the Tribe's Indian Country, including but 
not limited to a brewery, shall secure a business license from the 
Tribe in the manner provided for by Subchapter 100 of this Title 
(``Business Licenses'') and otherwise comply with all provisions of 
Subchapter 100.

3.06.611 Prohibitions

    (1) The manufacture, purchase, sale, and dealing in liquor within 
Tribe's Indian Country by any person, party, firm, or corporation 
except pursuant to the control, licensing, and regulation of the 
Stillaguamish Tax Commission, is hereby declared unlawful. Without 
limitation as to any other penalties and fines that may apply, any 
violation of this subsection is an infraction punishable by a fine of 
up to five hundred dollars ($500.00).
    (2) Every person engaging in the business of manufacturing, 
distributing or selling liquor within the Tribe's Indian Country shall 
comply with the provisions of Chapter 8.40, Alcohol-Related Offenses, 
of the Stillaguamish Tribe of Indians Law and Order Code, the 
provisions of which are re-affirmed and are specifically incorporated 
herein by this reference. Any violation of this subsection is 
punishable pursuant to the penalty provisions of Chapter 8.40, Alcohol-
Related Offenses of the Stillaguamish Tribe of Indians Law and Order 
Code.

3.06.612 Conformity with State Law as Required

    Tribal retailers and tribally-licensed retailers shall comply with 
any applicable Washington State liquor law standards to the extent 
required by 18 U.S.C. 1161 and the Agreement Between the Washington 
State Liquor Control Board and the Stillaguamish Indian Tribe for 
Purchase and Resale of Liquor in Indian Country (``Agreement''), if 
any. To the extent provisions of this Subchapter conflict with the 
Agreement, the terms of the Agreement control.
TAXATION

3.06.620 Tribal Liquor Tax

    The Tribe expressly reserves its inherent sovereign right to 
regulate the use and sale of liquor through the imposition of tribal 
taxes thereon. The Board hereby authorizes and expressly reserves its 
authority to impose a tribal Liquor Tax on sales of all alcoholic 
beverages, including packaged and retail sales of liquor, wine, and 
beer, at a rate determined to be fair and equitable by the Board 
through independent action.

3.06.621 Liquor Sales Not Subject to Tribal Retail Sales Tax

    The Tribe's Retail Sales Tax shall not apply to retail sales of 
liquor.
ADMINISTRATION

3.06.630 Severability

    If any section, provision, phrase, addition, word, sentence or 
amendment of this Subchapter or its application to any person is held 
invalid, such invalidity shall not affect the other provisions or 
applications of this Subchapter that can be given effect without the 
invalid application, and to that end the provisions of this Subchapter 
are declared severable.

3.06.631 Nondiscrimination

    No provision of this Subchapter shall be construed as imposing a 
regulation or tax that discriminates on the basis of whether a retail 
liquor establishment is owned, managed or operated by a member of the 
Tribe.

3.06.632 Effective Date

    This Subchapter shall be and become effective upon publication by 
the United States Department of the Interior's certification in the 
Federal Register.

3.06.633 Sovereign Immunity

    Nothing in this Subchapter shall be construed as a waiver or 
limitation of the inherent sovereign immunity of the Tribe.
    Ordinance 2008/060 enacting this Title 3, Chapter 6 took effect on 
April 30, 2008, at 6:00 p.m. upon the approval of its provisions by the 
Board of Directors of the Stillaguamish Tribe of Indians, which date 
was April 28, 2008. Title 3, Chapter 6 of the Tribe's Law and Order 
Code was repealed and replaced with this Title, as amended by 
resolution 2011/048, enacted by the Board of Directors of the 
Stillaguamish Tribe of Indians on April 14, 2011, as amended by 
resolution 2012/146 dated September 27, 2012, as amended by resolution 
2015/099 dated May 28, 2015.

[FR Doc. 2016-00334 Filed 1-8-16; 8:45 am]
BILLING CODE 4337-15-P