Académique Documents
Professionnel Documents
Culture Documents
from various sources (other Federal the March 11, 2006, meeting who certify and publish in the Federal
agencies, State regulatory agencies, require interpretation for the hearing Register notice of adopted liquor codes
industry and associations, impaired must notify the Division of for the purpose of regulating liquor
nongovernmental organizations, and Scientific Authority by March 1, 2006 transactions in Indian country. The
academic researchers) on the biology (see FOR FURTHER INFORMATION CONTACT). Confederated Tribes of Coos Tribal
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9370 Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices
Council adopted its Liquor Code by (5) To keep with intent to sell. required by federal law, including at a
Resolution No. 04–2004 on October 10, (6) To traffic in. minimum:
2004. The purpose of this Code is to (7) For any consideration, promise or (1) Liquor may only be served and
govern the sale, possession and obtained directly or indirectly under handled in a manner no less strict than
distribution of alcohol within the any pretext or by any means or procure allowed under Oregon Revised Statutes
Confederated Tribes of Coos Indian or allow to be procured for any other Chapter 471; and
Reservation. person. (2) Liquor may only be served by staff
This notice is published in (d) Sale includes every act of selling of the licensee.
accordance with the authority delegated as defined in subsection (c) of this (b) Council action on a license request
by the Secretary of the Interior to the section. must be taken at a regular or special
Principal Deputy Assistant Secretary— meeting. Unless the request is for a
5–1–3 Prohibited Activity
Indian Affairs. I certify that this Liquor special event license, the Council shall
Code of the Confederated Tribes of Coos (a) It shall be unlawful for any person give at least fourteen (14) days’ notice of
was duly adopted by the Tribal Council to sell, trade or manufacture any the meeting at which the request will be
on October 10, 2004. alcoholic liquor on the Tribes’ considered. Notice shall be posted at the
Reservation except as provided for in Tribal Council offices and at the
Dated: February 16, 2006.
this Code. establishment requesting the license,
Debbie L. Clark, (b) It shall be unlawful for any and will be sent by Certified Mail to the
Acting Principal Deputy Assistant Secretary— business establishment or person on the Oregon Liquor Control Commission.
Indian Affairs. Tribes’ Reservation to possess, transport
The Confederated Tribes of Coos or keep with intent to sell, barter or 5–1–5 Sale or Service of Liquor by
Liquor Code reads as follows: trade to another any liquor, except for Licensee’s Minor Employees
those commercial liquor establishments (a) The holder of a license issued
Title 5—Regulatory Provisions; Chapter
on the Tribes’ Reservation licensed by under this Code or Oregon Revised
5–1 Liquor Control
the Tribes, provided, however, that a Statutes Chapter 472 may employ
5–1–1 Authority and Purpose person may transport liquor from a persons eighteen (18), nineteen (19) and
(a) The authority for this Code and its licensed establishment consistent with twenty (20) years of age who may take
adoption by Tribal Council is found in the terms of the license. orders for, serve and sell alcoholic
the Confederated Tribes of Coos, Lower (c) It shall be unlawful for any person liquor in any part of the licensed
Umpqua and Siuslaw Indians Tribal to consume alcoholic liquor on a public premises when that activity is
Constitution under Article I—Section 1, highway. incidental to the serving of food except
(d) It shall be unlawful for any person in those areas classified by the Oregon
Article VI—Section 2 and the Act of
to publicly consume any alcoholic Liquor Control Commission as being
October 17, 1984, Public Law No. 98–
liquor at any community function, or at prohibited to the use of minors.
481, 98 Stat. 2250.
(b) This Code is for the purpose of or near any place of business, Indian However, no person who is eighteen
regulating the sale, possession and use celebration grounds, recreational areas, (18), nineteen (19) or twenty (20) years
of alcoholic liquor on the Confederated including ballparks and public camping of age shall be permitted to mix, pour
Tribes of Coos, Lower Umpqua and areas, the Tribal Headquarters area and or draw alcoholic liquor except when
Siuslaw Indians (Tribes) Reservation any other area where minors gather for pouring is done as a service to the
and other lands subject to Tribal meetings or recreation, except within a patron at the patron’s table or drawing
jurisdiction. tribally licensed establishment where is done in a portion of the premises not
alcohol is sold. prohibited to minors.
5–1–2 Definitions (e) It shall be unlawful for any person (b) Except as stated in this section, it
To the extent that definitions are under the age of twenty-one (21) years shall be unlawful to hire any person to
consistent with tribal or federal law, to buy, attempt to buy or to work in connection with the sale and
terms used herein shall have the same misrepresent their age in attempting to service of alcoholic beverages in a
meaning as defined in Oregon Revised buy, alcoholic liquor. It shall be tribally licensed liquor establishment if
Statutes Chapter 471 and in Oregon unlawful for any person under the age such person is under the age of twenty-
Administrative Rules Chapter 845. of twenty-one (21) years to transport, one (21) years.
(a) Alcoholic Liquor shall mean any possess or consume any alcoholic liquor
on the Tribes’ Reservation, or to be 5–1–6 Warning Signs Required
alcoholic beverage containing more than
one-half (1⁄2) of one percent (1%) under the influence of alcohol or to be (a) Any person in possession of a
alcohol by volume, and every liquid or at an established commercial liquor valid retail liquor license, who sells
solid, patented or not, containing establishment, except as authorized liquor by the drink for consumption on
alcohol and capable of being consumed under Section 5–1–5 of this Code. No the premises or sells for consumption
by a human being. person shall sell or furnish alcoholic off the premises, shall post a sign
(b) Tribes’ Reservation shall mean all liquor to any minor. informing the public of the effects and
lands held in trust by the United States (f) Alcoholic liquor may not be given risks of alcohol consumption during
for the Tribes or their members and all as a prize, premium or consideration for pregnancy.
lands owned by the Tribes, wherever a lottery, contest, game of chance or (b) The sign shall:
located. skill, or competition of any kind. (1) Contain the message: ‘‘Pregnancy
(c) Sell or To Sell refer to anything and alcohol do not mix. Drinking
5–1–4 Procedure for License
forbidden by this Chapter and related to alcoholic beverages, including wine,
alcoholic liquor, they include: (a) Any request for a license under coolers and beer, during pregnancy can
rwilkins on PROD1PC63 with NOTICES
(1) To solicit or receive an order. this Code must be presented to the cause birth defects.’’
(2) To keep or expose for sale. Tribal Council at least thirty (30) days (2) Be either:
(3) To deliver for value or in any way prior to the requested effective date. (A) A large sign, no smaller than eight
other than purely gratuitously. Tribal Council shall set license and one-half (81⁄2) inches by eleven (11)
(4) To peddle. conditions at least as strict as those inches in size with lettering no smaller
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Notices 9371
than five-eighths of an inch (5⁄8) in 5–1–9 Consistency With State Law DEPARTMENT OF THE INTERIOR
height; or
(B) A reduced sign, five (5) by seven The Tribes agree to perform in the Bureau of Land Management
(7) inches in size with lettering of the same manner as any other Oregon
[OR–130–1020–PH; GP6–0078]
same proportion as the large sign business entity for the purpose of liquor
described in paragraph (i) of this licensing and regulations, including but Notice of Public Meeting, Eastern
subsection. not limited to licensing, compliance Washington Resource Advisory
(3) Contain a graphic depiction of the with the regulations of the Oregon Council Meeting
message to assist nonreaders in Liquor Control Commission,
understanding the message. The maintenance of liquor liability AGENCY: Bureau of Land Management,
depiction of a pregnant female shall be insurance, which is incorporated as if U.S. Department of the Interior.
universal and shall not reflect a specific specifically set forth herein, as it may be ACTION: Notice of public meeting.
race or culture. amended from time to time.
(4) Be in English unless a significant SUMMARY: In accordance with the
number of the patrons of the retail 5–1–10 Effective Date Federal Land Policy and Management
premises use a language other than Act and the Federal Advisory
English as a primary language. In such (a) This Code shall be effective upon Committee Act of 1972, the U.S.
cases, the sign shall be worded both in publication in the Federal Register after Department of the Interior, Bureau of
English and the primary language or approval by the Secretary of the Interior Land Management Eastern Washington
languages of the patrons. or his designee. Resource Advisory Council will meet as
(5) Be displayed on the premises of all (b) Tribal Council may adopt indicated below.
licensed retail liquor premises as either amendments to this Code and those DATES: The Eastern Washington
a large sign at the point of entry, or a amendments shall be effective upon Resource Advisory Council will meet
reduced sized sign at points of sale. publication in the Federal Register after Friday, March 31, 2006 at the Spokane
(c) The person described in paragraph approval by the Secretary of the Interior District Office, Bureau of Land
(a) of this section shall also post signs or his designee. Management, 1103 North Fancher Road,
of any size at places where alcoholic Spokane Valley, Washington 99212–
beverages are displayed. [FR Doc. E6–2590 Filed 2–22–06; 8:45 am]
1275.
BILLING CODE 4310–4J–P
5–1–7 Civil Penalty SUPPLEMENTARY INFORMATION: The
(a) Any person who violates the meeting will start at 8:30 a.m. and
provisions of this Code is deemed to DEPARTMENT OF THE INTERIOR adjourn at 4 p.m. Topics on the meeting
have consented to the jurisdiction of the agenda include: District
Tribal Court and may be subject to a Bureau of Indian Affairs accomplishments 2005 and Focus for
civil penalty in Tribal Court for a civil 2006, update on land exchanges, Forest
infraction. Such civil penalty shall not Advisory Board for Exceptional Health and Stewardship, BLM/USFS
exceed the sum of one thousand dollars Children; Correction Service First, District priorities and
($1,000) for each such infraction, workforce planning. The meeting is
provided, however, that the penalty AGENCY: Bureau of Indian Affairs, open to the public, with an opportunity
shall not exceed five thousand dollars Interior. for public comment between 11:45 a.m.
($5,000) if it involves minors. and 12:15 p.m. Information to be
ACTION: Notice of correction. distributed to Council members for their
(b) The procedures governing the
adjudication in Tribal Court of such review should be submitted, in writing,
SUMMARY: This document corrects the to the Spokane District Office prior to
civil infractions shall be those set out in
the Trial Court rules. notice that was published in the Federal March 31.
(c) The Tribal Council hereby Register on February 15, 2006, 71 FR FOR FURTHER INFORMATION CONTACT:
specifically finds that such civil 8309, as follows: Sandra Gourdin or Kathy Helm, Bureau
penalties are reasonably necessary and Correction of Land Management, Spokane District
are related to the expense of Office, 1103 N. Fancher Road, Spokane
governmental administration necessary On page 8309, in the third column Valley, Washington 99212, or call (509)
in maintaining law and order and public under the ADDRESSES section, in the first 536–1200.
safety on the Reservation and in sentence the city of the meeting place Dated February 16, 2006.
managing, protecting and developing was incorrectly stated. The sentence is Gary J. Yeager,
the natural resources on the corrected to read ‘‘The meetings will be
Reservation. It is the legislative intent of Acting District Manager.
held at the Francisco Grande Hotel and
the Tribal Council that all violations of [FR Doc. E6–2562 Filed 2–22–06; 8:45 am]
Golf Resort, 26000 West Gila Bend
this Chapter, whether committed by Highway, Casa Grande, Arizona.’’
BILLING CODE 4310–33–P
tribal members, non-member Indians or
non-Indians, be considered civil in FOR FURTHER INFORMATION CONTACT:
nature rather than criminal. Lynann Barbero, (505) 248–7528. DEPARTMENT OF THE INTERIOR
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