Coquille Indian Tribe; Amendments to Liquor Control Ordinance

<NOTICE> DEPARTMENT OF THE INTERIOR <SUBAGY>Bureau of Indian Affairs</SUBAGY> <DEPDOC>[234A2100DD/AAPP003600/A0T602020.999900]</DEPDOC> <SUBJECT>Coquille Indian Tribe; Amendments to Liquor Control Ordinance</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Bureau of Indian Affairs, Interior. <HD SOURCE="HED">ACTION:</HD> Notice. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This notice publishes three comprehensive amendments to the Coquille Indian Tribe's Chapter 200, Liquor Control Ordinance. This Ordinance amends and supersedes the existing Coquille Indian Tribe Liquor Ordinance, Ordinance CY0933 enacted by the Coquille Indian Tribe in 2009. </SUM> <DATES> <HD SOURCE="HED">DATES:</HD> This ordinance shall become effective September 9, 2024. </DATES> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Ms. Sharon Jackson, Tribal Government Specialist, Northwest Regional Office, Bureau of Indian Affairs, 911 Northeast 11st Avenue, Portland, Oregon, 97232, Telephone: (503) 231-6702, Fax: (503) 231-2201. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> 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 <E T="03">Rice</E> v. <E T="03">Rehner,</E> 463 U.S. 713 (1983), the Secretary of the Interior shall certify and publish in the <E T="04">Federal Register</E> notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian country. On May 26, 2023, the Coquille Indian Tribe duly adopted the amendments to the Chapter 200 Liquor Control Ordinance by Ordinance CY23048. On June 14, 2024, the Coquille Indian Tribe duly adopted additional amendments to the Chapter 200 Liquor Control Ordinance by Ordinance No. 24066. This <E T="04">Federal Register</E> Notice comprehensively amends and supersedes the existing Coquille Indian Tribe Liquor Control Ordinance, Ordinance CY0933, enacted by the Coquille Indian Tribe, which was published in the <E T="04">Federal Register</E> on October 23, 2009. 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 Coquille Indian Tribe of the Coquille Indian Reservation, duly adopted these amendments to Chapter 200 Liquor Control Ordinance on May 26, 2023, and June 14, 2024. <SIG> <NAME>Bryan Newland,</NAME> Assistant Secretary—Indian Affairs. </SIG> <HD SOURCE="HD1">Coquille Indian Tribal Code</HD> <HD SOURCE="HD1">Chapter 200</HD> <HD SOURCE="HD1">Part 2—Economic Development Liquor Control</HD> <HD SOURCE="HD1">200.010 General</HD> 1. Purpose. This Ordinance is for the purpose of regulating the manufacture, sale, distribute on, possession and use of alcoholic beverage on the Coquille Indian Reservation and other lands subject to Tribal jurisdiction. The enactment of this ordinance will increase the ability of the Tribal government to regulate liquor manufacture, sale, distribution and possession on the Coquille Indian Reservation, as defined below. 2. Background. (a) Subject to certain limitations, Article VI, Section 1 of the Constitution of the Coquille Indian Tribe vests the Coquille Tribal Council with legislative and executive authority, including the authority to adopt this Ordinance. (b) The Tribal Council hereby specifically finds that the civil penalties referenced in this Ordinance are reasonably necessary and are related to the expense of governmental administration necessary in maintaining law and order and public safety on the Reservation and in managing, protecting and developing the natural resources on the Reservation. The Tribal Council further finds that this Ordinance is necessary to preserve and protect the health and welfare of the Tribe, Tribal members, employees and Tribal reservation guests. It is the legislative intent of the Tribal Council that all violations of this Ordinance, whether committed by tribal members, non-member Indians, or non-Indians, be considered civil in nature rather than criminal. 3. Jurisdiction. This Ordinance conforms to all requisite laws as required by 18 U.S.C. 1161. Nothing in this Ordinance is intended to expand the jurisdiction of the State of Oregon or diminish the jurisdiction of the Tribe. <HD SOURCE="HD1">200.120 Definitions</HD> Unless otherwise required by the context or tribal or federal law, the following words and phrases have the meanings designated below: 1. “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. 2. “Alcoholic beverage” and “alcoholic liquor” mean any liquid or solid containing more than one-half of one percent alcohol by volume and capable of being consumed by a human being. 3. “Beer” means any alcoholic beverage containing more than one-half of one percent and not more than sixteen percent of alcohol by volume obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination thereof in water, and includes ale, porter, brown, stout, lager beer, small beer, and strong beer. 4. “Brewer” means a person engaged in the business of producing beer or other alcoholic beverages that would be allowed to be produced under both a state license and federal brewer's permit. 5. “Brewery” means a licensed commercial facility used for the production, bottling, canning, kegging, packaging, distribution or retail sales of beer or other alcoholic beverages that would be allowed to be produced under both a state license and federal brewer's permit on Tribal lands. 6. “Cider” means an alcoholic beverage made from the fermentation of the juice of apples or pears that contains not more than 8.5 percent of alcohol by volume, including, but not limited to, flavored, sparkling, carbonated or fortified cider. 7. “Coquille Indian Reservation” shall have the meaning set forth in 25 U.S.C. 715c(b) or as provided otherwise under applicable law and includes all lands held in trust by the United States for the Tribe or its members and all lands over which the Tribe exercises jurisdiction, wherever located. 8. “Distilled spirits” means any alcoholic beverage obtained by the distillation of fermented agricultural products, and includes alcohol for beverage use, spirits of wine, whiskey, rum, brandy, and gin, including all dilutions and mixtures thereof; “distilled spirits” does not include beer, wine, or cider. For purposes of this Ordinance, “distilled spirits” means “distilled liquor” or “liquor” and such terms shall be used interchangeably. 9. “Distiller” means a person engaged in the business of producing distilled spirits. 10. “Distillery” means a licensed commercial facility used for the production, manufacture, distilling, blending, aging, bottling, packaging, branding, distribution or retail sale of distilled spirits on Tribal lands. 11. “Manufacture” means any one or more acts of producing, brewing, fermenting, distilling, blending, aging, bottling, or packaging alcoholic beverages and includes the importation of alcoholic beverages for sale or distribution. 12. “Person” means an individual, corporation, business trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, instrumentality or any other legal or commercial entity. 13. “Tasting Room” means a retail outlet owned, leased, or operated by a manufacturer that is the consumer facing area for persons to sample, consume for on-premise consumption, and purchase for off-premise consumption, liquor produced by such operator. Such premises need not be attached to the manufacturing facility. 14. “Tribally licensed manufacturer” shall mean a person not wholly owned by the Tribe for the purposes of manufacturing liquor under this Ordinance, but otherwise licensed consistent with this Ordinance and the Tribe for the purposes of manufacturing liquor. 15. “Tribally owned manufacturer” shall mean an entity wholly owned by the Tribe for the purposes of manufacturing liquor under this Chapter. 16. “Wine” means any fermented vinous liquor or fruit juice, or other fermented beverage fit for beverage purposes that is not a beer, containing more than one-half of one percent of alcohol by volume and not more than twenty-one percent of alcohol by volume. “Wine” includes fortified wine. “Wine” does not include cider. 17 “Winemaker” means the person operating a licensed commercial winery on Tribal lands. 18 “Winery” means a facility licensed to produce wine on Tribal lands, including the production, blending, bottling, canning, kegging, packaging, distribution or retail sales of wine or cider on Tribal lands. 19 Whenever the words “sell” or “to sell” refer to anything forbidden by this Chapter and related to alcoholic beverage, they include: (a) To solicit or receive an order (b) To keep or expose for sale (c) To deliver for value or in any way other than purely gratuitously (d) To peddle (e) To keep with intent to sell (g) To traffic in, or (h) 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. 20. The word “sale” includes every act of selling as defined in subsection (18) of this section. <HD SOURCE="HD1">200.150 Civil Violation</HD> In addition to being grounds for revocation of a license and any prosecution under federal law, any of the following shall be a civil violation prosecutable under CITC Chapter 650, unless they are otherwise authorized by this Ordinance: 1. For any person to sell, trade or manufacture any alcoholic beverage on the Coquille Indian Reservation except as provided for in this Ordinance. 2. For any business establishment or person on the Coquille Indian Reservation ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 22k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━