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DATE
ORIGINALLY ADOPTED: 04/10/96 |
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DATE
AMENDED: |
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SUBJECT:
Liquor |
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RESOLUTION
NO: 022-96 |
Liquor Ordinance
Tribal
Code § 760
(a) AUTHORITY AND PURPOSE:
(1)
The authority for the Ordinance and its adoption by Tribal Council
is found in the Tribal Constitution under Article III, Section 1,
and in the Act of August 15, 1953, Public Law 83-277, 18 U.S.C.
§ 1161.
(2)
This Ordinance is for the purpose of regulating the sale, possession
and use of alcoholic liquor on the Grand Ronde Reservation and other
lands subject to Tribal jurisdiction.
(b) DEFINITIONS:
To the
extent that definitions are consistent with tribal or federal law,
terms used herein shall have the same meaning as defined in Oregon
Revised Statutes Chapter 471, and in Oregon Administrative Rules Chapter
845.
(1)
"Alcoholic liquor" shall mean any alcoholic beverage containing
more than one-half of one percent alcohol by volume, and every liquid
or solid, patented or not, containing alcohol and capable of being
consumed by a human being.
(2)
"Grand Ronde Reservation" shall mean all lands held in trust by
the United States for the Tribe or its members and all lands owned
by the Tribe, wherever located.
(3)
Whenever the words "sell" or "to sell" refer to anything
forbidden by this Chapter and related to alcoholic liquor, 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.
(F)
To traffic in.
(G)
For any consideration, promise or obtained directly or indirectly
under any pretext or by any means or procure or allow to be procured
for any other person.
(4)
The word "sale" includes every act of selling as defined in
subsection 2 of this section.
(c) PROHIBITED ACTIVITY:
(1)
It shall be unlawful for any person to sell, trade or manufacture
any alcoholic liquor on the Grand Ronde Reservation except as provided
for in this Ordinance.
(2)
It shall be unlawful for any business establisment or person on the
Grand Ronde Reservation to possess, transport or keep with intent
to sell, barter or trade to another, any liquor, except for those
commercial liquor establishments on the Grand Ronde Reservation licensed
by the Tribe, provided, however, that a person may transport liquor
from a licensed establishment consistent with the terms of the license.
(3)
lt shall be unlawfiil for any person to consume alcoholic liquor on
a public highway.
(4)
It shall be unlawful for any person to publicly consume any alcoholic
liquor at any community function, or at or near any place of business,
Indian celebration grounds, recreational areas, including ballparks,
and public camping areas, the Tribal Headquarters area and any other
area where minors gather for meetings or recreation, except within
a tribally licensed establishment where alcohol is sold.
(5)
lt shall be unlawful for any person under the age of 2l years to buy,
attempt to buy or to misrepresent their age in attempting to buy,
alcoholic liquor. It shall be unlawful for any person under the age
of 21 years to transport, possess or consume any alcoholic liquor
on the Grand Ronde Reservation, or to be under the influence of alcohol
or to be at an established commercial liquor establishment, except
as authorized under Section (e) of this Ordinance . No person shall
sell or furnish alcoholic liquor to any minor.
(6)
Alcoholic liquor may not be given as a prize, premium or consideration
for a lottery, contest, game of chance or skill, or competition of
any kind.
(d) PROCEDURE FOR LICENSE:
(1)
Any request for a license under this Ordinance must be presented to
the Tribal Council at least 30 days prior to the requested effective
date. Tribal Council shall set license conditions at least as strict
as those required by federal law, including at a minimum:
(A)
Liquor may only be served and handled in a manner no less strict
than allowed under Oregon Revised Statutes Chapter 471.
(B)
Liquor may only be served by staff of the licensee; and
(C)
Liquor may only be served in rooms where gambling is not taking
place.
(2)
Council action on a license request must be taken at a regular or
special meeting. Unless the request is for a special event license,
the Council shall give at least 14 days' notice of the meeting at
which the request will be considered. Notice shall be posted at the
Tribal Council offices and at the establishment requesting the license,
and will be sent by Certified Mail to the Oregon Liquor Control Commission.
(e) SALE OR SERVICE OF LIOUOR BY LICENSEE'S MINOR EMPLOYEES:
(1)
The holder of a license issued under this Ordinance or Oregon Revised
Statutes Chapter 472 may employ persons 18, 19 and 20 years of age
who may take orders for, serve and sell alcoholic liquor in any part
of the licensed premises when that activity is incidental to the serving
of food except in those areas classified by the Oregon Liquor Control
Commission as being prohibited to the use of minors. However, no person
who is 18, 19 or 20 years of age shall be permitted to mix, pour or
draw alcoholic liquor except when pouring is done as a service to
the patron at the patron's table or drawing is done in a portion of
the premises not prohibited to minors.
(2)
Except as stated in this section, it shall be unlawful to hire any
person to work in connection with the sale and service of alcoholic
beverages in a tribally licensed liquor establisment if such person
is under the age of 21 years.
(f) WARNING SIGNS REQUIRED:
(1)
Any person in possession of a valid retail liquor license, who sells
liquor by the drink for consumption on the premises or sells for consumption
off the premises, shall post a sign informing the public of the effects
and risks of alcohol consumption during pregnancy.
(2)
The sign shall:
(A)
Contain the message: "Pregnancy and alcohol do not mix. Drinking
alcoholic beverages, including wine coolers and beer, during pregnancy
can cause birth defects."
(B)
Be either:
(i)
A large sign, no smaller than eight and one-half inches by 11
inches in size with lettering no smaller than five-eighths of
an inch in height; or
(ii)
A reduced sign, five by seven inches in size with lettering of
the same proportion as the large sign described in paragraph (a)
of this subsection.
(C)
Contain a graphic depiction of the message to assist nonreaders
in understanding the message. The depiction of a pregnant female
shall be universal and shall not reflect a specific race or culture.
(D)
Be in English unless a significant number of the patrons of the
retail premises use a language other than English as a primary language.
In such cases, the sign shall be worded both in English and the
primary language or languages of the patrons.
(E)
Be displayed on the premises of all licensed retail liquor premises
as either a large sign at the point of entry, or a reduced sized
sign at points of sale.
(3)
The person described in subsection (1) of this section shall also
post signs of any size at places where alcoholic beverages are displayed.
(g) CIVIL PENALTY:
(1)
Any person who violates the provisions of this Ordinance is deemed
to have consented to the jurisdiction of the Tribal Court and may
be subject to a civil penalty in Tribal Court for a civil infraction.
Such civil penalty shall not exceed the sum of $1,000 for each such
infraction, provided, however, that the penalty shall not exceed $5,000
if it involves minors.
(2)
The procedures governing the adjudication in Tribal Court of such
civil infractions shall be those set our in the Trial Court rules.
(3)
The Tribal Council hereby specifically finds that such civil penalties
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. It is the legislative intent
of the Tribal Council that all violations of this Chapter, whether
committed by tribal members non-member Indians, or non-Indians, be
considered civil in nature rather than criminal.
(h) SEVERABlLITY:
(1)
If a court of competent jurisdiction finds any provision of this Ordinance
to be invalid or illegal under applicable Federal or Tribal law, such
provision shall be severed from this Ordinance and the remainder of
this Ordinance shall remain in full force and effect.
(i) CONSISTENCY WITH STATE LAW:
(1)
The Confederated Tribes of Grand Ronde agrees to perform in the same
manner as any other Oregon business entity for the purpose of liquor
licensing and regulations, including but not limited to licensing,
compliance with the regulations of the Oregon Liquor Control Commission,
maintenance of liquor liability insurance, as more specifically set
forth in a certain "Memorandum of Understanding Governing Liquor
Licensing and Regulation," negotiated under the approved terms of
the Tribal/State Compact for the regulation of Class III gaming, entered
into between The Confederated Tribes of Grand Ronde and the State
of Oregon, which is incorporated as if specifically set forth herein,
as it may be amended from time to time.
(j) EFFECTIVE DATE:
(1)
This Ordinance shall be effective upon publication in the Federal
Register after approval by the Secretary of the Interior or his designee.
I certify
this to be a true copy of the Confederated Tribes of the Grand Ronde
Community of Oregon Liquor Ordinance.
Ed Pearsall, Tribal Council Secretary
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