Daily Rules, Proposed Rules, and Notices of the Federal Government
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
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 Jackson Band of Miwuk Indians of the Jackson Rancheria adopted this Liquor Control Ordinance No. 2008-02 on April 18, 2008.
The Jackson Band of Miwuk Indians of the Jackson Rancheria Liquor Control Ordinance reads as follows:
The Tribal Council of the Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter “Council”), governing body of the Jackson Band of Miwuk Indians of the Jackson Rancheria (hereinafter “Tribe”), hereby enacts this Ordinance to govern the sale of alcoholic beverages at our general convenience store on Rancheria lands.
1. Title 18, United States Code, Section 1161, provides Indian tribes with authority to enact ordinances governing the consumption and sale of alcoholic beverages on their Reservations, provided such ordinance
2. Jackson Rancheria is the owner and operator of a general convenience store on the Rancheria (hereinafter for reference purpose “General Store”) which sells, among other products, certain snack and food items to members of the Tribe and the general public.
3. Said General Store is an integral part of the Tribe's economy.
4. The Tribal Council has determined that it is in the Tribe's best interest to offer for sale at the General Store, for off-premises consumption only, alcoholic beverages.
5. It is the purpose of this Ordinance to set out the terms and conditions under which the sale of said alcoholic beverages may take place.
1. The sale of alcoholic beverages at the Jackson Rancheria's General Store for off-premises consumption only, is hereby authorized. For purposes of this paragraph 1 and this Ordinance, “off-premises” is defined as area outside the boundaries of the Jackson Rancheria lands.
2. No alcoholic beverages may be sold at any location on the Rancheria pursuant to this Ordinance other than the General Store.
3. The sale of said alcoholic beverages authorized by this Ordinance shall be in conformity with all applicable laws of the State of California, and the sale of said beverages shall be subject to any and all applicable state sales tax, federal excise tax and any fees required by the Federal Bureau of Alcohol, Tobacco & Firearms. This includes but is not limited to the following examples:
a. No person under the age of 21 years shall acquire or have in his or her possession at the General Store any alcoholic beverage.
b. No person shall sell alcohol to any person under the age of 21 at the General Store.
c. No person shall sell alcohol to a person apparently under the influence of liquor.
This Ordinance shall be conspicuously posted at the General Store at all times it is open to the public.
1. This Ordinance may be enforced by the Tribal Council by implementation of monetary fines not to exceed $500 and/or withdrawal of authorization to sell alcohol. Prior to any enforcement action, the Tribal Council shall provide the alleged offender of this Ordinance with at least three (3) days notice of an opportunity to be heard during a specially-called Tribal Council meeting. The decision of the Tribal Council shall be final.
2. This Ordinance also may be enforced by the Amador County Sheriff's Office at the request of the Tribal Council.
3. In the exercise of its powers and duties under this Ordinance, the Tribal Council and its individual members shall not accept any gratuity or compensation from any liquor wholesaler, retailer, or distributor for the General Store.
1. If any provision or application of this Ordinance is determined by review to be invalid, such adjudication shall not be held to render ineffectual the remaining portions of this title or to render such provisions inapplicable to other persons or circumstances.
2. This Ordinance may only be amended by a majority vote of the Tribal Council.
3. Nothing in this Ordinance in any way limits, alters, restricts or waives the Tribe's sovereign immunity from unconsented suit or action.
This Ordinance shall become effective following its certification by the Secretary of the Interior and its publication in the
The foregoing Ordinance was adopted by a vote of 3 for, and 0 against and 0 abstentions, at a duly called meeting of the Jackson Band of Miwuk Indians of the Jackson Rancheria Tribal Council at which a quorum was present, on this 18th day of April, 2008.