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to Table of Contents Susanville
Indian Rancheria [Ordinances]
Last amended: March 13, 2003 LIQUOR ORDINANCE OF THE SUSANVILLE INDIAN RANCHERIA ORDINANCE
NO. 97-3
Susanville Indian Rancheria ("Tribe") is a federally recognized Indian Tribe, exercising jurisdiction over all lands owned by the United States for the benefit of the Tribe. The General Council of the Susanville Indian Rancheria is the Rancheria's governing body. The Susanville Indian Rancheria Constitution and By-Laws, Article VI, Section 2, paragraph (a) have given the authority and empowered the Tribal Business Council to promulgate all ordinances and resolutions for the Rancheria. The sale of liquor, subject to the terms and provisions of this Liquor Ordinance and all applicable laws, will provide funds for the continued operation and strengthening of the Tribal government and the delivery of Tribal government services. It may also produce capital which the Tribe can use to further develop its reservation-based economy. The enactment of a Tribal Liquor Ordinance will also increase the ability of the Tribal government to control liquor distribution and possession on the Reservation. NOW, THEREFORE, to permit the sale of liquor subject to the necessary controls and to promote the health, safety and welfare of its members, the Tribal Business Council adopts this Liquor Ordinance.
101.
Title. This Ordinance shall be known as the "Liquor Ordinance of
the Susanville Indian Rancheria." 102.
Authority. This Liquor Ordinance is enacted pursuant to the Act
of August 15, 1953 (P.L. 83-277, and 67 Stat. 588, 18 U.S.C. section
1161) and the Constitution of the Susanville Indian Rancheria approved
on October 10, 1996 and applicable laws. 103. Purpose. The purpose of this Liquor Ordinance is to regulate and to control the possession and sale of liquor to and on the Susanville Indian Rancheria. The enactment of a tribal ordinance governing liquor possession and sale on the reservation will increase the ability of the tribal government to control reservation liquor distribution and possession, and at the same time will provide an important source of revenue for the continued operation and strengthening of the tribal government and the delivery of tribal government services. 104. Tribal Jurisdiction. This Ordinance applies to all lands in which the Susanville Indian Rancheria holds an ownership interest and which are defined as Indian country under 18 U.S.C. § 1151. At the time of enacting this Ordinance, the Rancheria does not have an ownership interest in any lands defined by 18 U.S.C.§ 1154(c) as fee-patented land in a non-Indian community or rights-of-ways which run through the Rancheria's lands. This Ordinance is in conformity with California State alcohol laws as required by 18 U.S.C. § 1161.
201. As used in this Liquor Ordinance, the following words shall have the following meanings unless the context clearly requires otherwise. 202. "Alcohol"
means that substance known as ethyl alcohol, hydrated oxide of ethyl,
or spirit of wine which is commonly produced by the fermentation or
distillation of grain, starch, molasses, or sugar, or other substances
including all dilutions of this substance. 203. "Alcoholic Beverage" is synonymous with the term "Liquor" as defined in Section 208 of this Chapter. 204. "Bar" means any establishment with special space and accommodations for sale by the glass and for consumption on the premises of any liquor or alcoholic beverage, as herein defined. 205. "Beer" means any beverage obtained by the alcoholic fermentation of an infusion or concoction of pure hops, or pure extract of hops and pure barley malt, or other grain of cereal in water containing not more than four percent of alcohol by volume. For the purpose of this title, any such beverage, including ale, stout, and porter, containing more than four percent of alcohol by weight shall be referred to as "Strong Beer." 206. "The Tribal Business Council" as used herein means the body authorized by the Susanville Indian Rancheria Constitution to promulgate all tribal ordinances and regulations. 207. "General Council" means the general council of the Susanville Indian Rancheria which is composed of the voting membership of the Tribe as a whole. 208. "Liquor" includes the four varieties of liquor herein defined (Alcohol, Spirits, Wine, and Beer) , and all fermented spirituous, vinous, or malt liquor or combination thereof, and mixed liquor, or otherwise intoxicating; and every liquid or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine or beer, and all drinks or drinkable liquids and all preparations or mixtures capable of human consumption and any liquid, semisolid, solid, or other substance, which contain more than one percent of alcohol by weight shall be conclusively deemed to be intoxicating. 209. "Liquor Store" means any store at which liquor is sold and, for the purposes of this Liquor Ordinance, includes stores only a portion of which are devoted to sale of liquor or beer. 210. "Malt Liquor" means Beer, Strong Beer, ale, stout, and porter. 211. "Package" means any container or receptacle used for holding liquor. 212. "Public
Place" includes state or county or Tribal or federal highways or
roads; buildings and grounds used for school purposes; public dance
halls and grounds adjacent thereto; soft drink establishment; public
buildings; public meeting halls; lobbies, halls and dining rooms of
hotels, restaurants, theater, gaming facilities, entertainment centers,
store garages, and filling stations which are open to and/or are generally
used by the public and to which the public is permitted to have unrestricted
access; public conveyances of all kinds of character; and all other
places of like or similar nature to which the general public has unrestricted
right of access, and which are generally used by the public. For the
purpose of this Liquor Ordinance, "Public Place" shall also include
any establishment other than a single family home which is designed
for or may be used by more than just the owner of the establishment. 213. "Reservation" means land held in trust by the United States Government for the benefit of the Susanville Indian Rancheria (see also Tribal Land). 214 ."Sale" and "Sell" include exchange, barter, and traffic and also include the selling or supplying or distributing by any means whatsoever, of liquor, or of any liquid known or described as beer or by any name whatsoever commonly used to describe malt or brewed liquor or wine by any person to any person. 215. "Spirits" means any beverage which contains alcohol obtained by distillation including wines exceeding seventeen percent of alcohol by weight. 216. "Tribe" means the Susanville Indian Rancheria. 217. "Tribal Land" means any land within the exterior boundaries of the Reservation which is held in trust by the United States for the Tribe as a whole including any such land leased to other parties. 218. "Trust Account" means the account designated by the Tribal Business Council for deposit of proceeds from any tax or fee levied by the Tribal Business Council and relating to the sale of alcoholic beverages. 219. "Trust Agent" means the Tribal Chairperson or his or her designee. 220. "Wine" means any alcoholic beverage obtained by fermentation of fruits (grapes, berries, apples, etc.) or other agricultural product containing sugar, to which any saccharine substances may have been added before, during or after fermentation, and containing not more than seventeen percent of alcohol by weight, including sweet wines fortified with wine spirits such as port, sherry, muscatel and angelica, not exceeding seventeen percent of alcohol by weight.
301. Powers. The Tribal Business Council, in furtherance of this Liquor Ordinance, shall have the following powers and duties:
302. Limitation on Powers. In the exercise of its powers and duties under this Liquor Ordinance, the Tribal Business Council and its individual members shall not accept any gratuity, compensation or other thing of value from any liquor wholesaler, retailer, or distributor or from any licensee. 303. Inspection Rights. The premises on which Liquor is sold or distributed shall be open for inspection by the Tribal Business Council or its designee at all reasonable times, which includes the hours the business is open to the public, for the purposes of ascertaining whether the rules and regulations of this Liquor Ordinance are being followed.
401. Tribal Liquor License Required; Tribally Owned Businesses. No sales of Alcoholic Beverages shall be made within the exterior boundaries of the Reservation, except at a tribally-licensed or tribally-owned business operated on tribal land within the exterior boundaries of the reservation. Nothing in this section shall prohibit a tribal licensee or the Tribe from purchasing liquor from an off-reservation source for resale on the reservation or the delivery to the tribe for a tribal licensee of liquor purchased from off-reservation sources for resale on the reservation. 402. Sale only on Tribal Land. All Liquor sales within the exterior boundaries of the Reservation shall be on Tribal Land, including leases thereon. 403. Sales for Cash. All Liquor sales within the Reservation boundaries shall be on a cash only basis and no credit shall be extended to any person, organization, or entity, except that this provision does not prevent the use of ATM cards, debit cards, or major credit cards such as Mastercard, Visa, American Express, etc. 404. Sale for Personal Consumption. All sales shall be for the personal use and consumption of the purchaser. Resale of any Alcoholic Beverage purchased within the exterior boundaries of the Reservation is prohibited. Any person who is not licensed pursuant to this Liquor Ordinance who purchases an Alcoholic Beverage within the boundaries of the Reservation and sells it, whether in the original container or not, shall be guilty of a violation of this Liquor Ordinance and shall be subjected to paying damages to the Tribe as set forth herein.
501. Tribal Liquor License Requirements. No Tribal license shall be issued under this Liquor Ordinance except upon a sworn application filed with the Tribal Business Council containing a full and complete showing of the following:
502. Hearing on Application for Tribal Liquor License. All applications for a Tribal liquor license shall be considered by the Tribal Business Council in open session at which the applicant, his, her or its attorney, and any person protesting the application shall have the right to be present, and to offer sworn oral or documentary evidence relevant to the application. After the hearing, the Tribal Business Council, by secret ballot, shall determine whether to grant or deny the application based on: (1) whether the requirements of section 501 have been met; and (2) whether the Tribal Business Council, in its discretion, determines that granting the license is in the best interest of the Tribe. In the event that the applicant is a member of the Tribal Business Council, or the applicant is a member of the immediate family of a Tribal Business Council member, such Tribal Business Council member shall not vote on the application or participate in the application hearing as a Tribal Business Council member. 503. Temporary Permits. The Tribal Business Council or their designee may grant a temporary permit for the sale of Liquor for a period not to exceed three (3) days to any person applying to the same in connection with a Tribal or community activity, provided that the conditions prescribed in Section 504 of this Liquor Ordinance shall be observed by the permittee. Each permit issued shall specify the types of intoxicating beverages to be sold. Further, a fee of $50.00 will be assessed on temporary permits. 504. Conditions of a Tribal Liquor License. Any Tribal liquor license issued under this Liquor Ordinance shall be subject to such reasonable conditions as the Tribal Business Council shall fix including but not limited to the following:
505. License Not a Property Right. Notwithstanding any other provision of this Liquor Ordinance, a Tribal liquor license is a mere permit for a fixed duration of time. A Tribal liquor license shall not be deemed a property right or vested right of any kind, nor shall the granting of a Tribal liquor license give rise to a presumption of legal entitlement to a license/permit in a subsequent time period. 506. Assignment or Transfer. No Tribal license issued under this Liquor Ordinance shall be assigned or transferred without the prior written approval of the Tribal Business Council expressed by formal resolution.
601. Sale or Possession With Intent to Sell Without a Permit. Any person who shall sell or offer for sale or distribute or transport in any manner, any Liquor in violation of this Liquor Ordinance, or who shall operate or shall have Liquor in his possession with intent to sell or distribute without a license or permit, shall be guilty of a violation of this Liquor Ordinance. 602. Purchases From Other Than Licensed or Allowed Facilities. Any person who, within the boundaries of the Reservation, buys Liquor from any person other than at a properly licensed or allowed facility shall be guilty of a violation of this Liquor Ordinance. 603. Sales to Persons Under the Influence of Liquor. Any person who sells liquor to a person apparently under the influence of liquor shall be guilty of a violation of this Liquor Ordinance. 604. Consuming Liquor in Public Conveyance. Any person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant or employee or such person who shall knowingly permit any person to drink any Liquor in any public conveyances shall be guilty of an offense. Any person who shall drink any Liquor in a public conveyance shall be guilty of a violation of this Liquor Ordinance. 605. Consumption or Possession of Liquor by Persons Under 21 Years of Age. No person under the age of 21 years shall consume, acquire or have in his possession any Alcoholic Beverage. No person shall permit any other person under the age of 21 to consume Liquor on his premises or any premises under his control except in those situations set out in this section. Any person violating this section shall be guilty of a separate violation of this Liquor Ordinance for each and every drink so consumed. 606. Sales of Liquor to Persons Under 21 Years of Age. Any person who shall sell or provide Liquor to any person under the age of 21 years shall be guilty of a violation of this Liquor Ordinance for each sale or drink provided. 607. Transfer of Identification to Minor. Any person who transfers in any manner an identification of age to a minor for the purpose of permitting such minor to obtain Liquor shall be guilty of an offense; provided, that corroborative testimony of witness other than the minor shall be a requirement of finding a violation of this Liquor Ordinance. 608. Use of False or Altered Identification. Any person who attempts to purchase an Alcoholic Beverage through the use of a false or altered identification shall be guilty of violating this Liquor Ordinance.
609. Acceptable Identification. 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 any one of the following cards of identification which shows his or her correct age and bears his or her signature and photograph: (1) a driver's license of any state or identification card issued by any state department of motor vehicles; (2) United States active duty military; or (3) a passport. 610. Violations of this Liquor Ordinance. Any person guilty of a violation of this Ordinance shall be liable to pay the Tribe a civil fine not to exceed $500 per violation as civil damages to defray the Tribe's cost of enforcement of this Liquor Ordinance. In addition to any penalties so imposed, any license or permit issued hereunder may be suspended or canceled by the Tribal Business Council for the violation of any of the provisions of this Liquor Ordinance, or of the Tribal license or permit, upon hearing before the Tribal Business Council after 10 days notice to the licensee. The decision of the Tribal Business Council shall be final and no appeal therefrom is allowed. The Tribal Business Council shall grant all persons in any hearing regarding violations, penalties, or license suspensions under this Ordinance all the rights and due process granted by the Indian Civil Rights Act, 25 U.S.C. § 1301, et seq. Notice of a Tribal Business Council hearing regarding an alleged violation of this Ordinance shall be given to the affected individual(s) or entities at least 10 days in advance of the hearing. The notice will be delivered in person or by certified mail with the Tribal Business Council retaining proof of service. The notice will set out the right of the alleged violation to be represented by Counsel retained by the alleged violator, the right to speak and to present witnesses and to cross examine any witnesses against them. 611. Possession of Liquor Contrary to This Liquor Ordinance. Alcoholic Beverages which are possessed contrary to the terms of this Liquor Ordinance are declared to be contraband. Any Tribal agent, employee, or officer who is authorized by the Committee to enforce this section shall have the authority to, and shall, seize all contraband. 612. Disposition of Seized Contraband. Any officer seizing contraband shall preserve the contraband in accordance with the appropriate California law code. Upon being found in violation of this Liquor Ordinance by the Tribal Business Council, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Tribe.
701. Sales Tax. There is hereby levied and shall be collected a tax on each sale of Alcoholic Beverages on the Reservation in the amount of one percent (1%) of the amount actually collected. The tax imposed by this section shall apply to all retail sales of liquor on the Reservation and shall preempt any tax imposed on such liquor sales by the State of California. 702. Payment of Taxes to Tribe. All taxes from the sale of Alcoholic Beverages on the Reservation shall be paid over to the Trust Agent of the Tribe. 703. Taxes Due. All taxes from the sale of Alcoholic Beverages on the Reservation are due within thirty (30) days of the end of the calendar quarter for which the taxes are due. 704. Reports. Along with payment of the taxes imposed herein, the taxpayer shall submit an accounting for the quarter of all income from the sale or distribution of alcoholic beverages as well as for the taxes collected. 705. Audit. As a condition of obtaining a license, the licensee must agree to the review or audit of its books and records relating to the sale of alcoholic beverages on the Reservation. Said review or audit may be done annually by the Tribe through its agents or employees whenever, in the opinion of the Tribal Business Council, such a review or audit is necessary to verify the accuracy of reports.
801. Disposition of Proceeds. The gross proceeds collected by the Tribal Business Council from all licensing provided under this Liquor Ordinance, or the imposition of civil penalties for violating this Ordinance, or from the taxation of the sales of Alcoholic Beverages on the Reservation, shall be distributed as follows:
901. Severability. If any provision or application of this Liquor Ordinance is determined upon review by a court of competent jurisdiction 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. 902. Prior Enactments. Any and all prior ordinances, resolutions or enactments of the Tribal Business Council which are inconsistent with the provisions of this Liquor Ordinance are hereby repealed. 903. Conformance with Tribal, State and Federal Law. This Ordinance conforms with all Rancheria tribal law and governing documents such as the Constitution and By-Laws. All provisions and transactions under this Ordinance shall be in conformity with California State law regarding alcohol to the extent required by 18 U.S.C. § 1161 and with all federal laws regarding alcohol in Indian country. 904. Enforcement. All actions brought by the Tribal Business Council to enforce the provisions of this Ordinance shall be filed in the Tribal Court for the Susanville Indian Rancheria. In the absence of a tribal court, said actions shall be filed in federal court in the Eastern District of California and be appealable in the federal court system. If the federal court should determine that it lacks jurisdiction over said action, it shall be filed in the California state court in Lassen County with subject matter jurisdiction and venue over the action. The first court system to have jurisdiction over an enforcement action, analyzing first, tribal court; second, Federal court; and third, state courts shall have exclusive jurisdiction over such actions. 905. Effective Date. This Ordinance becomes effective after the Secretary of the Interior certifies the Ordinance and publishes it in the Federal Register. 1001. Amendment or Repeal. This Ordinance may be amended or repealed by a majority vote of the Tribal Business Council or by the General Council at a properly held meeting. Amendments of this Ordinance need not be published in the Federal Register to become effective.
1101. Nothing contained in this Liquor Ordinance is intended to nor does in anyway limit, alter, restrict, or waive the Tribe's sovereign immunity from unconsented suit or action.
Certification Ordinance No. 97-3 We, the undersigned duly elected officials of the Susanville Indian Rancheria, do hereby certify that the foregoing Liquor Ordinance 97-3 was adopted on May 5, 1997 at a duly called meeting of the Tribal Business Council of the Susanville Indian Rancheria with a quorum present by a vote of 4 for, 0 against, 0 abstaining and 1 absent.
SUSANVILLE INDIAN RANCHERIARESOLUTION NO. SU-BC-19-97RE: TRIBAL LIQUOR ORDINANCE
THEREFORE BE IT RESOLVED, that the Tribal Business Council has voted to adopt the Susanville Indian Rancheria Liquor Ordinance Number 97-3; and BE IT FURTHER RESOLVED, that this Liquor Ordinance will remain in force until such time as it is rescinded by the Tribal Business Council; and BE IT
FINALLY RESOLVED, that the Susanville Indian Rancheria Tribal Business
Council hereby adopts the Susanville Indian Rancheria Liquor Ordinance
Number 97-3, wherein the Tribe and its agents shall act in conformity
with the California State laws regarding the sale of liquor to the extent
required by applicable Federal law, including 18 U.S.C. 1161. We, hereby certify that the above resolution was adopted at a duly called meeting held on May 5, 1997 with a vote of 4 for, 0 against, 0 abstaining. ATTEST:
SUSANVILLE INDIAN RANCHERIA DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Susanville Indian Rancheria Liquor Ordinance AGENCY: Bureau of Indian Affairs, Interior Action: Notice SUMMARY: This Notice is published in accordance with authority delegated by the Secretary of the Interior to the Assistant Secretary - Indian Affairs by 209 DM8, and in accordance with the Act of August 15, 1953, 67 Stat. 586, 18 U.S.C. § 1161. This Notice certifies that Ordinance No. 97-3, the Susanville Indian Rancheria Liquor Ordinance, was duly adopted by the Susanville Rancheria on May 5, 1997. The Ordinance provides for the regulation of the activities of the manufacture, distribution, sale and consumption of liquor in the areas of Indian Country under the jurisdiction of the Susanville Rancheria. DATES: This Ordinance is effective as of the date of publication in the Federal Register. FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services, Division of Tribal Government Services, 1849 C Street N.W., MS 2611-MIB, Washington, D.C. 20240-4001; telephone (202) 208-4400. SUPPLEMENTARY INFORMATION: The Susanville Indian Rancheria Liquor Ordinance No. 97-3, is to read as follows: RESOLUTION
No. SU-BC-19-97 In compliance with 18 U.S.C. § 1161, the Susanville Indian Rancheria Business Council hereby requests that the Secretary of the Interior for the United States certify and publish in the Federal Register the Liquor Ordinance No. 97-3 adopted by the Council on May 5, 1997.
CERTIFICATION We, the
undersigned duly elected officials of the Susanville Indian Rancheria,
do hereby certify under penalty of perjury that on May 5, 1997, the
foregoing Resolution was adopted at a duly called meeting of the Tribal
Business Council with a quorum present by a vote of: 4 for; 0 against;
and 0 abstaining.
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