81 FR 16204 - Yavapai-Apache Nation of the Camp Verde Indian Reservation Liquor Code

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 58 (March 25, 2016)

This notice publishes the liquor code of the Yavapai-Apache Nation of the Camp Verde Indian Reservation. The liquor code allows the Nation to govern, control and regulate liquor possession, distribution, sales, and service within the Nation's reservation to serve the best interests of the Nation.

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Notices]
[Pages 16204-16207]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06840]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[167 A2100DD/AAKC001030/A0A501010.999900]


Yavapai-Apache Nation of the Camp Verde Indian Reservation Liquor 
Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the liquor code of the Yavapai-Apache 
Nation of the Camp Verde Indian Reservation. The liquor code allows the 
Nation to govern, control and regulate liquor possession, distribution, 
sales, and service within the Nation's reservation to serve the best 
interests of the Nation.

DATES: This code shall become effective March 25, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Sharlot Johnson, Tribal Government 
Services Officer, Western Regional Office, Bureau of Indian Affairs, 
2600 North Central Avenue, Phoenix, Arizona 85004, Telephone: (602) 
379-6786, Fax: (602) 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. The Yavapai-Apache Nation of the Camp 
Verde Indian Reservation duly adopted Resolution 147-15 on August, 27, 
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 Yavapai-Apache Nation of the Camp Verde 
Indian Reservation Tribal Council duly adopted the Yavapai-Apache 
Nation Liquor Cody by Resolution No. 147-15 on August 27, 2015.

    Dated: March 21, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary-Indian Affairs.

YAVAPAI-APACHE NATION LIQUOR CODE

SECTION 101: TITLE
    This Liquor Code is adopted by the Yavapai-Apache Nation (``YAN'' 
or ``Nation'') and shall be known as the Yavapai-Apache Nation Liquor 
Code (referred to herein as ``Liquor Code'' or ``Code'').
SECTION 102: FINDINGS
    The Tribal Council finds as follows:
    A. The introduction, possession, and sale of liquor in Indian 
Country is a matter of particular concern to Indian tribes and the 
United States. Consistent with the laws of the United States, the 
control of liquor on the Yavapai-Apache Nation Reservation remains 
subject to the legislative enactments of the Nation in the exercise of 
its governmental powers over the Reservation.
    B. Federal law prohibits the introduction of liquor into Indian 
Country (18 U.S.C. Sec.  1154), and authorizes tribal governments to 
decide when and to what extent liquor possession, sales, and service 
shall be permitted within their reservations (18 U.S.C. Sec.  1161) in 
a manner deemed consistent with state liquor laws.
    C. The Tribal Council, as the governing body of the Nation under 
Article IV, Section 1 of the Constitution of the Yavapai-Apache Nation 
(hereinafter ``Tribal Council''), has approved the issuance of liquor 
licenses in accordance with the liquor control laws of the state of 
Arizona. The limitation and regulation of liquor sales as provided in 
this Code will increase the Nation's ability to control possession and 
distribution of liquor within the Nation's Reservation.
SECTION 103: AUTHORITY AND PURPOSE
    A. This Code is enacted under authority of the Act of August 15, 
1953, 67 Stat. 586, (18 U.S.C. Section 1161) and under authority of the 
Constitution of the Yavapai-Apache Nation (``YAN Constitution''), which 
authorizes the Tribal Council to exercise the following powers relevant 
to the adoption of this Liquor Code:
    1. YAN Constitution, Article V(a), ``To represent the Tribe and act 
in all matters that concern the health and welfare of the Tribe, and to 
make decisions not inconsistent with or contrary to this 
constitution.''
    2. YAN Constitution, Article V (o), to enact codes and ordinances 
governing law enforcement on lands within the jurisdiction of the 
Tribe.''
    3. YAN Constitution, Article V (u), ``To exercise civil 
jurisdiction over all tribal members and any non-member of the Tribe to 
the extent permitted by federal law.''
    4. YAN Constitution, Article V (v), ``To enact laws, ordinances and 
resolutions necessary or incidental to the exercise of its legislative 
powers.''
    B. This Liquor Code is adopted for the purpose of governing, 
controlling and regulating liquor possession, distribution, sales and 
service within the Nation's reservation.
SECTION 104: DEFINITIONS
    A. Unless otherwise required by the context in which it is used, 
the following words and phrases shall have the following meanings.
    1. ``Alcohol'' means the substance known as ethyl alcohol, hydrated 
oxide of ethyl, ethanol, or spirits of wine, from whatever source or by 
whatever process produced, and includes ``spirituous Liquor'' as 
defined below under Section 104(A)(7).
    2. ``Alcoholic Beverage'' is synonymous with the term ``liquor'' as 
defined in this Section 104. (4) below.
    3. ``Beer'' means any beverage obtained by the alcoholic 
fermentation, infusion, or decoction of barley malt, hops, or other 
ingredients not drinkable, or any combination thereof.
    4. ``Liquor'' or ``Liquor Products'' includes the four varieties of 
liquor herein defined (alcohol, spirituous liquor, wine, and beer) and 
means all fermented, spirituous, vinous, or malt liquor, or a 
combination thereof, and mixed liquor, a part of which is fermented, 
spirituous, vinous, or malt liquor or otherwise intoxicating in every 
liquid or solid or semi-solid or other substance patented or not 
containing alcohol, spirits, wine, or beer, and all

[[Page 16205]]

drinks of potable liquids and all preparations or mixtures capable of 
human consumption, and any liquid, semi-solid, solid, or other 
substance, which contains more than one-half of one percent (.5%) of 
alcohol by volume.
    5. ``Liquor License'' means the Liquor License approved by the 
Tribal Council and issued by the state of Arizona upon application by 
the Nation to such Subordinate Economic Organization or Enterprise of 
the Nation as the Council may authorize by resolution to hold such 
license and exercise the rights and privileges thereunder.
    6. ``Sale'' and ``Sell'' means any transaction that includes any 
exchange, barter, sale and traffic; and also includes the selling, 
supplying or distributing, by any means whatsoever, of liquor by any 
person to any other person.
    7. ``Spirituous Liquor'', ``Spirits'', or ``Distilled Spirits'' 
includes alcohol, brandy, whiskey, rum, tequila, mescal, gin, wine, 
porter, ale, beer, any malt liquor or malt beverage, absinthe, a 
compound or mixture of any of them or of any of them with any vegetable 
or other substance, alcohol bitters, bitters containing alcohol, any 
liquid mixture or preparation, whether patented or otherwise, which, 
when consumed in sufficient quantities, produces intoxication to any 
degree, fruits preserved in ardent spirits, and beverages containing 
more than one-half of one percent of alcohol by volume, and including 
wines exceeding twenty-four percent (24%) of alcohol by volume.
    8. ``Wine'' means the product obtained by the fermentation of 
grapes or other agricultural products containing natural or added sugar 
or any such alcoholic beverage fortified with grape brandy and 
containing not more than twenty-four percent (24%) of alcohol by 
volume, including sweet wines fortified with wine spirits, such as 
port, sherry, muscatel, and angelica, not exceeding twenty-four percent 
(24%) of alcohol by volume.
SECTION 105: JURISDICTION
    In accordance with the law of the United States as set out at 18 
U.S.C. 1161, the Nation asserts its jurisdiction to control and 
regulate liquor sales and service within the boundaries of the Yavapai-
Apache Nation Reservation. For purposes of this Liquor Code 
``Reservation'' or ``Jurisdiction'' means those lands within the 
exterior boundaries of the Yavapai-Apache Nation, any lands that are 
held in trust by the United States of America for the benefit of the 
Yavapai-Apache Nation or any of its members, both now and in the 
future, any other Yavapai-Apache Nation land constituting ``Indian 
Country'' within the meaning of 18 U.S.C. 1151 or any successor 
provision, and all lands falling within the Nation's Jurisdiction as 
provided under Article I of the Constitution of the Yavapai-Apache 
Nation as approved by the United states Secretary of Interior on April 
13, 1992.
SECTION 106: CONFORMITY WITH STATE LAW
    A. Authorized liquor sales and service within the Nation's 
Reservation and Jurisdiction shall comply with the State of Arizona's 
liquor laws to the extent required by 18 U.S.C. 1161 and other 
applicable law of the United States.
    B. The Nation's Attorney General shall ensure that all liquor 
license requirements under this Code and under the laws of the State of 
Arizona are satisfied, that the license(s) authorized by the Tribal 
Council under this Code are renewed on an annual basis, and that all 
sales and service of liquor as authorized under this Code are carried 
out in a manner consistent with this Code and applicable laws of the 
Nation, and under Arizona law to the extent required by applicable law 
of the United States.
SECTION 107: REPEAL OF PRIOR LAWS
    All prior codes, ordinances and resolutions of the Yavapai-Apache 
Nation regulating, authorizing, prohibiting, or in any way dealing with 
the sale or service of liquor, including, but not limited to the 
``Ordinance Legalizing the Introduction, Sale or Possession of 
Intoxicants'', as adopted under Tribal Council Resolution 91-85 on 
October 19, 1985, are hereby repealed and are declared to be of no 
further force or effect.
SECTION 108: AUTHORIZED SALES AND SERVICE OF LIQUOR
    A. Liquor License Required. Liquor may be offered for sale and 
served on the Yavapai-Apache Nation Reservation only under a Liquor 
License as expressly authorized by the Tribal Council in accordance 
with this Code and applicable federal law.
    B. The Council, through the adoption of Council resolutions 
consistent with this Code, may authorize liquor sales at such 
additional locations as the Council deems appropriate.
    C. Sales for Personal Consumption Only. All liquor sales shall be 
for the personal use and consumption of the purchaser and not for the 
purchaser's resale. Any resale of any alcoholic beverage within the 
Jurisdiction of the Nation is prohibited. Any person or entity that is 
not licensed under this Code who purchases or possesses an alcoholic 
beverage within the Nation's Jurisdiction and sells it, whether in the 
original container or not, shall be guilty of a violation of this Code 
and shall be subject to such penalties as are prescribed by this Code.
    D. License Not Transferable. Except as may be permitted under this 
Code, Liquor Licenses may not be transferred and said License may only 
be utilized by the entity holding the License under Section 108 A. 
above.
    E. Inspections. All businesses and their premises holding a Liquor 
License under this Code shall be open for inspection by the Nation, 
acting through its officials, agents, employees or other designated 
representatives, at all reasonable times for the purpose of determining 
whether said business is complying with this Code.
SECTION 109: ENFORCEMENT
    A. In enforcing this Code, the Tribal Council, acting on behalf of 
the Nation, may take the following actions:
    1. Publish and enforce such rules and regulations as deemed 
necessary by the Council to govern the manufacture, distribution, sale, 
and possession of liquor within the Nation's Jurisdiction.
    2. Revoke any Liquor License approved by the Council under this 
Code, following a determination by the Council that the holder of said 
License has violated any provision of this Code or that the License is 
no longer in the best interest of the Nation. The holder of the License 
shall be provided notice and an opportunity to be heard in any such 
revocation action.
    3. Bring suit in the Nation's Tribal Court, or any other court of 
competent jurisdiction, to enforce this Code.
    4. Hold such hearings as the Council deems necessary to administer 
and enforce this Code.
    5. Delegate to the Nation's Tribal Court such authority as may be 
necessary to enforce the civil penalties arising under this Code. 
Except as may otherwise be provided by applicable federal law, the 
Nation's Tribal Court shall have exclusive jurisdiction to enforce this 
Code.
    6. Take all such actions as are within the Council's authority 
under the laws and Constitution of the Yavapai-Apache Nation in the 
enforcement of this Code.
SECTION 110: PROHIBITIONS AND VIOLATIONS
    A. General Prohibition. Except as authorized under a Liquor License 
issued under Section 107 of this Code, the introduction or possession 
of Liquor for sales, distribution or service is

[[Page 16206]]

prohibited within the Yavapai-Apache Nation's Jurisdiction, and any 
such possession, sale, distribution or service without such License 
shall be a violation under this Code. Any person who, without a Liquor 
License authorized under this Code, introduces or possesses liquor 
within the Nation's jurisdiction with the intent to sell the same shall 
be in violation of this Code. In any proceeding under this Code, the 
conviction of any person in a criminal matter of one unlawful sale, 
possession or distribution of liquor under any law of the Nation, or a 
determination by the Tribal Court in a civil matter that said person 
has engaged in one unlawful sale, possession or distribution under this 
Code, shall establish prima facie intent of said person to unlawfully 
keep liquor for sale, selling liquor or distributing liquor in 
violation of this Code. Federal liquor laws applicable to Indian 
Country shall remain applicable to any person, act, or transaction 
which is not authorized by this Code and violators of this Code shall 
be subject to federal prosecution as well as to legal action in 
accordance with this Code and the laws of the Nation.
    B. Any person who shall sell or offer for sale or distribute or 
transport in any manner, liquor in violation of this Code, or who shall 
have liquor for sale in his possession without a Liquor License, shall 
be in violation of this Code.
    C. Any person who, within the Nation's Jurisdiction, buys liquor 
from any person other than a properly licensed business under Section 
108.A. of this Code shall be in violation of this Code.
    D. Any person who knowingly keeps or possesses liquor upon his 
person or in any place or upon any premises conducted or maintained by 
his employer or principal or agent with the intent to sell or 
distribute the same contrary to the requirements of this Code, shall be 
in violation of this Code.
    E. No person shall be authorized to sell or serve liquor within the 
Reservation unless they are at least 21 years of age, except as may be 
authorized under Arizona liquor control laws. No person may be sold or 
served liquor unless they are 21 years of age. Any person acting 
contrary to this prohibition shall be in violation of this Code.
    F. No person under the age of 21 years shall consume, acquire or 
have in his/her possession any liquor. No person shall knowingly permit 
any other person under the age of 21 years to consume liquor on his/her 
premises or any premises under his/her control. Any person acting 
contrary to these prohibitions shall be in violation of this Code, with 
a separate violation accruing for every drink so consumed by the person 
under the age of 21 years.
    G. Any person who shall sell or provide any liquor to any person 
under the age of 21 years shall be in violation of this Code for each 
such drink so provided.
    H. Any person who lends, gives or in any way transfers in any 
manner an identification card or other representation of age to a 
person under the age of 21 years for the purpose of permitting such 
person to purchase or otherwise obtain liquor shall be in violation of 
this Code; provided that corroborative evidence from a source other 
than the underage person shall be a requirement for finding such 
violation.
    I. Any person who purchases or attempts to purchase liquor through 
the use of false or altered identification, which falsely purports to 
show the person to be over the age of 21 years shall be in violation of 
this Code.
    J. When requested by any business or entity holding a liquor 
license under this Code, any person shall be required to present, and 
shall present official documentation of the person's age, signature and 
photograph. This requirement may be satisfied by presentation of one of 
the following:
    i. An unexpired driver license issued by any state, the District of 
Columbia, any territory of the United States or Canada if the license 
includes a picture of the licensee and the person's date of birth. A 
driver license issued to a person who is under twenty-one years of age 
is no longer an acceptable type of identification under this paragraph 
thirty days after the person turns twenty-one years of age.
    ii. An unexpired non-operating identification license issued by any 
state, the District of Columbia, any territory of the United States or 
Canada if the license includes a picture of the person and the person's 
date of birth. An unexpired non-operating license issued to a person 
who is under twenty-one years of age is no longer an acceptable type of 
identification under this paragraph thirty days after the person turns 
twenty-one years of age.
    iii. An unexpired armed forces identification card that includes 
the person's picture and date of birth.
    iv. A valid unexpired passport or a valid unexpired resident alien 
card that contains a photograph of the person and the person's date of 
birth.
    K. Off Premises Consumption of Liquor--Cliff Castle Casino. All 
liquor sales and service authorized by this Code at the Cliff Castle 
Casino and Hotel shall be fully consumed within the premises of the 
Cliff Castle Casino and Hotel. At the Cliff Castle Casino and Hotel, no 
open containers of liquor, or unopened containers of liquor in bottles, 
cans, cups or other containers, or otherwise shall be permitted outside 
of the above-described premises, except as provided in accordance with 
the liquor license(s) maintained by the Nation for the Cliff Castle 
Casino and Hotel, or under such special event license or permit as may 
be obtained consistent with said license(s). Any person acting contrary 
to these prohibitions shall be in violation of this Code.
    L. No Credit Liquor Sales. The sales and service of liquor 
authorized by this Code shall be made upon a cash basis only. For 
purposes of this Code, payment for liquor on a cash basis shall include 
payment by cash, credit card, or check, including but not limited to 
any such cash sale of liquor for consumption on a retail licensed 
premises where the sale is included on bills provided to registered 
guest in hotels and motels. Any person making liquor sales contrary to 
this prohibition shall be in violation of this Code.
    M. All Liquor which is possessed, including for any distribution, 
consumption or sale, in violation of the requirements of this Code is 
hereby declared to be contraband. Any officer of the Yavapai-Apache 
Nation Police Department shall seize all such contraband and preserve 
it in accordance with such provisions as apply to the preservation of 
evidence and impounded property. Upon being found to be in violation of 
this Code, the person from whom the contraband was seized shall forfeit 
all right, title and interest in the contraband seized and the same 
shall become the property of the Nation to be disposed of as it 
chooses.
SECTION 111: JUDICIAL ENFORCEMENT, REMEDIES AND CIVIL PENALTIES
    A. The Nation's Tribal Court is hereby vested with exclusive 
jurisdiction to hear and determine all violations arising under Section 
110 of this Code, including the determination of any violation by any 
person of the provisions of this Code and the imposition of any 
penalties arising from said violations.
    B. Any person or entity found by the Tribal Court to have violated 
any provision of this Code shall be liable to pay to the Nation a civil 
penalty in an amount not less than $250.00 or greater than $500.00 for 
each such violation. The Tribal Court shall issue such further orders 
as are within its powers to ensure collection of said penalties by the

[[Page 16207]]

Nation. Persons who are not enrolled members of the Nation and who are 
determined to have violated this Code shall be subject to exclusion 
from the Yavapai-Apache Nation Reservation under such procedure as is 
provided under the Nation's Exclusion Ordinance. In addition, persons 
or entities subject to the criminal jurisdiction of the Nation who 
violate this Code shall be subject to such criminal punishment as may 
be provided in the Nation's Criminal Code and nothing in this Liquor 
Code shall be construed to deprive the Tribal Court of its criminal 
jurisdiction over such matters in any respect.
    C. DECLARATORY AND INJUNCTIVE RELIEF
    In addition to all other remedies, whether at law or in equity, 
available to the Nation's Tribal Court under the Constitution and Laws 
of the Yavapai-Apache Nation in the enforcement of this Code, the 
Tribal Court may employ such declaratory and/or injunctive relief as 
may be necessary to determine the rights and liabilities arising under 
this Code and to otherwise provide for enforcement of this Code to the 
fullest extent possible under the Nation's laws.
SECTION 112: SOVEREIGN IMMUNITY PRESERVED
    A. Nothing in this Liquor Code is intended or shall be construed as 
a waiver of the sovereign immunity of the Yavapai-Apache Nation. No 
official or employee of the Nation or any of the Subordinate Economic 
Organizations and Enterprises of the Nation shall be authorized, nor 
shall they attempt, to waive the sovereign immunity of the Nation in 
any manner under this Code.
SECTION 113: SEVERABILITY
    A. If any provision or provisions in this Code are held invalid by 
a court of competent jurisdiction, this Code shall continue in effect 
as if the invalid provision(s) were not a part hereof.
SECTION 114: EFFECTIVE DATE
    A. This Code shall be effective immediately upon its approval by 
the Yavapai-Apache Nation Tribal Council, subject only to the 
certification of the United States Secretary of the Interior, or his/
her designee, and its publication in the Federal Register as provided 
by federal law at 18 U.S.C Sec.  1161.

[FR Doc. 2016-06840 Filed 3-24-16; 8:45 am]
 BILLING CODE 4337-15-P