Welcome to the National Tribal Justice Resource Center's Tribal Codes and Constitutions
Return to the Main Tribal Codes and Constitutions Page
The Redding Rancheria Indian Tribe, a federally recognized Indian Tribe ("Tribe")
hereby enacts tile following ordinance to regulate and promulgate rules for
issuing licenses for the sale, distribution and consumption of alcoholic beverages
on the Redding Rancheria. This ordinance shall be known as the "Liquor Licensing
Ordinance." This ordinance and any regulations promulgated thereunder shall
constitute the entire liquor licensing regulations for the tribe.
Findings and Policy
The Tribe finds that:
The council hereby declares that the policy of the tribe is to eliminate the evils of unlicensed and unlawful manufacture, distribution, and sale of alcoholic beverages on the tribe and to promote reasonable use and consumption of alcoholic beverages by increasing tribal control over the possession and distribution of alcoholic beverages on the Tribe.
NOW, THEREFORE, Tribal Council of the Redding Rancheria hereby ordains as follows:
Chapters
Chapter 1 . Purpose.
The purpose of this Ordinance is to establish rules and regulations regarding
the reasonable use and consumption of alcoholic beverages on the Redding Rancheria.
Chapter 2. General Provisions
§2000. Short title. This ordinance shall be known and cited as the "Redding Rancheria Liquor Licensing Ordinance."
§2100. Purpose. The purpose of this Ordinance is to prohibit
the importation, manufacture, distribution and sale of alcoholic beverages on
the Tribe except pursuant to a license issued by Council under the provisions
of this ordinance.
§2200. Sovereign immunity preserved. Nothing in this
ordinance is intended or shall be construed as a waiver of the sovereign immunity
of the Tribe. No officer or employee of Redding Rancheria is authorized nor
shall he/she attempt to waive the immunity of the Tribe under the provisions
of this ordinance unless such officer or employee has an expressed and explicitly
written authorization from the Council.
§2300. Applicability within the reservation. This ordinance
shall apply to all persons within the boundaries of the Tribe consistent with
the applicable federal Indian liquor laws.
§2400. Interpretation and findings. The Redding Rancheria
Tribal Council may interpret any ambiguities contained in this ordinance.
§2500. Conflicting provisions. Whenever any conflict
occurs between the provisions of this ordinance or the provisions of any other
ordinance of the Tribe, the stricter of such provisions shall apply.
§2600. Application of 18 U.S.C. 1161. The importation,
manufacture, distribution and sale of alcoholic beverages on the Tribe shall
be in conformity with this Ordinance and in conformity with the laws of the
State of California as that phrase or term is used in 18 U.S.C. 1161.
Chapter 3. Definitions.
In construing the provisions of this ordinance, the following words or phrases
shall have the meaning designated unless a different meaning is expressly provided
or the context clearly indicates otherwise.
§3000. "Alcohol" means ethyl alcohol,
hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever
process produced.
§3050. "Alcoholic beverage" includes all alcohol,
spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits
wine or beer, and which contains on-half of one percent or more of alcohol by
volume and which is fit for beverage purposes whether alone or when diluted,
mixed, or combined with other substances. It shall be interchangeable in this
ordinance with the term "liquor".
§3100. "Beer" shall mean any alcoholic beverage
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, and also
includes sake, otherwise known as Japanese rice wine.
§3150. "Wine" shall mean the product obtained
from the normal alcoholic fermentation of the juice of the grapes or other agricultural
products containing natural or added sugar or any such alcoholic beverage to
which is added grape brandy, fruit brandy, or spirits of wine, which is distilled
from the particular agricultural product or products of which the wine is made,
and other rectified wine products.
§3200. "Distilled spirits" shall mean 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.
§3250. "Importer" means any person who
introduces alcohol or alcoholic beverages into the Redding Rancheria from outside
the exterior boundaries of the Reservation for the purpose of sale or distribution
within the Reservation for the purpose of sale or distribution within the Reservation,
provided however, the term importer as used herein shall not include a wholesaler
licensed by any state or tribal government selling alcoholic beverages to seller
licensed by a state or tribal government to sell at retail.
§3300. "Liquor license" shall mean a license
issued by the Redding Rancheria Tribal Council under the provisions of this
ordinance authorizing the sale, manufacture, or importation of alcoholic beverages
on or within the Reservation consistent with federal law.
§3350. "Manufacturer" shall mean any person
engaged in the manufacture of alcohol or alcoholic beverages.
§3400. "Person" shall mean any individual,
whether Indian or non-Indian, receiver, assignees, trustee in bankruptcy, trust,
estate, firm, partnership, joint corporation, association, society, or any group
of individuals as a unit, whether mutual, cooperative, fraternal, non-profit
or otherwise, and any other Indian tribe, band or group, whether recognized
by the United States Government or otherwise. The term shall also include the
businesses of the Tribe. It shall be interchangeable in this ordinance with
the term "seller" or "licensee".
§3450. "Reservation" shall mean all lands
within the boundaries of the Redding Rancheria and such other lands as may hereafter
be acquired by the Tribe, whether within or without said boundaries, under any
grant, transfer, purchase, gift, adjudication, executive order, Act of Congress,
or other means of acquisition.
§3500. "Sale" shall mean the exchange of
property and/or any transfer of the ownership of, title to, or possession of
property for a valuable consideration, exchange or barter, in any manner or
by any means whatsoever. It includes conditional sales contracts, leases with
options to purchase, and any other contract under which possession of property
is given to the purchaser, buyer, or consumer but title is retained by the vendor,
retailer, manufacturer, or wholesaler, as security for the payment of the purchase
price. Specifically , it shall include any transaction whereby , for any consideration,
title to alcoholic beverages in transferred from one person to another, and
includes the delivery of alcoholic beverages, or for receiving such beverages,
distilled spirits, beer, or wine.
§3550. "Seller" shall mean any person whom,
while within the boundaries of the Reservation, sells, solicits or receives
an order for any alcohol, alcoholic beverages, distilled spirits, beer, or wine.
§3600. "Tribal Council" or "Council"
shall mean the Redding Rancheria Tribal Council.
Chapter 4. Prohibition of the Unlicensed Sale of Liquor.
§4000. Prohibition of the Unlicensed Sale of Liquor. No person
shall import for sale, manufacture, distribute or sell any alcoholic beverages
within the reservation without first applying for and obtaining a written license
from the Council issues in accordance with the provisions of this ordinance.
§4100. Authorization to Sell Liquor. Any person applying
for and a liquor license under the provisions of this ordinance shall have the
right to engage only in those liquor transactions expressly authorized by such
license and only at those specific places or areas designated in said license.
§4200. Types of licenses The council shall have the authority
to issue the following types of liquor licenses within the reservation:
I. "Retail on-sale general license " means a license authorizing the applicant to sell alcoholic beverages at retail to be consumed by the buyer only on the premises or at the location designated in the license.
II. "Retail on-sale beer and wine license" means a license authorizing the applicant to sell beer and wine at retail to be consume by the buyer only on the premises or at the location designated in the license.
III. "Retail off-sale general license" means a license authorizing the applicant to sell alcoholic beverages at retail to be consume by the buyer off of the premises or at a location other than the one designated in the license.
IV. "Retail off-sale beer and wine license " means a license authorizing the applicant to sell beer and wine at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.
V. "Manufacturer's license" means a license authorizing the applicant to manufacture alcoholic beverages for the purpose of sale on the reservation.
Chapter 5. Reserved
Chapter 6. Application for Licenses.
§6000. Application form and content. An application
for a license shall be made to the Council and shall contain the following information:
i. The name and address of the applicant. In the case of a corporation, the names and addresses of all of the principal officers, directors and stockholders of the corporation. In the case of a partnership, the name and address of each partner.
ii. The specific area, location and/or premises for which the license is applied for.
iii. The type of liquor transaction applied for (i.e. retail on-sale general license, etc.).
iv. Whether the applicant has a state liquor license.
v. A statement by the applicant to the effect that the applicant has not been convicted of a felony and has not violated and will not violate or cause or permit to be violated any of the provisions of this ordinance or any of the provisions of the California Alcoholic Beverage Control Act.
vi. The signature and fingerprint of the applicant. In the case of a partnership, the signature and fingerprint of each partner. In the case of a corporation, the signature and fingerprint of each of the officers of the corporation under the seal of the corporation.
vii. The application shall be verified under oath, notarized and accompanied by the license fee required by this ordinance.
§6100. Fee accompanying application. The Council shall be resolution establish a fee schedule for the issuance, renewal and transfer of the following types of licenses:
§6200. Investigation: denial of application. Upon receipt
of an application for the issuance, transfer or renewal of a license and the
application fee required herein, the Council shall make a thorough investigation
to determine whether the applicant and the premises for which a license is applied
for qualify for a license and whether the provisions of this ordinance have
been complied with, and shall investigate all matters connected therewith which
may affect the public welfare and morals. The Council shall deny an application
for issuance, renewal or transfer of a license if either the applicant or the
premises for which a license is applied for does not qualify for a license under
this ordinance or if the applicant has misrepresented any facts in the application
or given any false information to the Council in order to obtain a license.
The Council further may deny any application for issuance, renewal or transfer of a license if the Council cannot make the findings required by Section §8100 of this Ordinance or the Council finds that the issuance of such a license would tend to create a law enforcement problem, or if issuance of said license would be a detriment to the health, safety and welfare of the tribe or its members.
Chapter 7. Reserved
Chapter 8. Issuance, Renewal and Transfer of Licenses.
§8000. Public hearing. Upon receipt of an application for issuance renewal or transfer of a license, and the payment of all fees required under this ordinance, the Secretary of the Council shall set the matter for a public hearing. Notice of the time and place of the hearing shall be given to the applicant and the public at least ten (10) calendar days before the hearing. Notice shall be given to the applicant by prepaid U.S. mail at the address listed in the application. Notice shall be given to the public by publication in a newspaper of general circulation sold on the Reservation. The notice published in the newspaper shall include the name of the applicant and the type of license applied for and a general description of the area where liquor will be sold. At the hearing, the Council shall hear from any person who wishes to speak for or against the application. The Council shall have the authority to place time limits on each speaker and limit or prohibit repetitive testimony.
§8100. Council action on the application. Within thirty (30) days
of the conclusion of the public hearing, the council shall act on the matter.
The Council shall have the authority to deny, approve or approve with conditions
the application. Before approving the application, the Council shall find: (1)
that the site for the proposed premises has adequate parking, lighting security
and ingress and egress so as not to adversely affect adjoining properties or
businesses, and (2) that the sale of alcoholic beverages at the proposed premises
is consistent with the Tribe's Zoning Ordinance.
Upon approval of an application, the Council shall issue a license to the applicant in a form to be approved from time to time by the Council by resolution. All businesses shall post their tribal liquor licenses issued under this ordinance in a conspicuous place upon the premises where alcoholic beverages are sold, manufactured or offered for sale.
§8200. Multiple locations. Each license shall be issued
to a specific person. Separate licenses shall be issued for each of the premises
of any business establishment having more than one location. In the case of
the sale of alcoholic beverages on boats, a separate license shall be issued
for each boat regardless of the fact that the boats are moored at one location
or owned by one person.
§8300. Term of license. Temporary licenses. All licenses
issued by the Council shall be issued on a calendar year basis and shall be
renewed annually; provided, however, that the Council may issue special licenses
for the sale of alcoholic beverage on a temporary basis for premises temporarily
occupied by the licensee for a picnic, social gathering or similar occasion
at a fee to be established by the Council by resolution.
§8400. Transfer of licenses. Each license issued or renewed
under this ordinance is separate and distinct and is transferable from the licensee
to another person and/or from one premises to another premises only with the
approval of the Council. The Council shall have the authority to approve, deny
or approve with conditions any application for the transfer of any license.
In the case of a transfer to a new person, the application for transfer shall
contain all of the information required of an original applicant under section§6000
of this ordinance. In the case of a transfer to a new location, the application
shall contain an exact description of the location where the alcoholic are proposed
to be sold.
Chapter 9. Reserved
Chapter 10. Revocation of Licenses.
§10000. Revocation of license. The Council shall revoke a license upon any of the following grounds:
§10100. Accusations. The Council on its own motion through
the adoption of an appropriate resolution meeting the requirements of this section
or any person may initiate revocation proceedings by filing an accusation with
the Secretary of the Council.
§10200. Hearing. Any hearing held on any accusation shall
be held before a majority of the Council under such rules of procedure as it
may adopt. Both the licensee and the person filing the accusation, including
the Tribe, shall have the right to present witnesses to testify and to present
written documents in support of their positions to the Council. The Council
shall render its decision within sixty (60) days after the date of the hearing.
The decision of the Council shall be final and non-appealable.
Chapter 11. Reserved
Chapter 12. Enforcement
§12000. General Penalties. Any person adjudged to
be in violation of this ordinance shall be subject to a civil penalty of not
more than Five Hundred Dollars ($500) for each such violation. The Council
may adopt by resolution a separate schedule of fines for each type of violation,
taking into account its seriousness and the threat it may pose to the general
health and welfare of tribal members. Such schedule may also provide, in the
case of repeated violations, for imposition of monetary penalties greater than
the Five Hundred Dollars ($500) limitation set forth above.
The penalties provided for herein shall be in addition to any criminal penalties
which may hereafter be imposed in conformity with federal law by separate chapter
or provision of this Ordinance or by a separate ordinance of the Redding Rancheria
Code.
§12100. Initiation of action. Any violation of this ordinance
shall constitute a public nuisance. The Council may initiate and maintain an
action in tribal court or any court of competent jurisdiction to abate and permanently
enjoin any nuisance declared under this ordinance. Any action taken under this
section shall be in addition to any other penalties provided for this ordinance.
Chapter 13. Reserved
Chapter 14. Severability.
If any part or provision of this ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the ordinance, including
the application of such part or provision to persons or circumstances,, shall
not be affected thereby and shall continue in full force and affect. To this
end, the provisions of this ordinance are severable.
Chapter 15. Rice V. Rehner.
All provisions of this Ordinance shall comply with the ruling of the United
States Supreme Court Case, Rice v. Rehner, (463 US 713 1983). Ch. amended
res.
Chapter 16. Effective Date.
This ordinance shall be effective on such date as the Secretary of the Interior
certifies this ordinance and publishes the same in the Federal Register.
Ordinance History
Leon Benner (First Approved on August 12, 1999 original on file)CERTIFICATION
** We, the undersigned duly elected officials of the Redding Rancheria,
do hereby certify that the foregoing Ordinance was adopted at a duly called
meeting of the General Council of the Redding with a quorum present on the 13
day of June 2000, by a vote of 48 for, 0 against, 0
abstaining.
|
/s/
|
Dated: 7-11-00
|
| /s/
Tribal Secretary [Hope Wilkes] |
Dated: 7-11-00
|
Present Council
1. Chairman -Leon Benner
2. Vice Chairperson - Tracy Edwards
3 Secretary - Hope Wilkes
4. Treasurer -Don Benner
5. Councilperson -Debra Sarot
6. Councilperson -Patty Spaulding
7. Councilperson - Bob Foreman
8. Alternate - Carla Maslin
9. Alternate - Bobby Foreman Jr.
10. Alternate - Gary Hayward
REDDING RANCHERIA LIQUOR LICENSING ORDINANCE
ADOPTED ON AUGUST 12,1999
*FIRST AMENDMENT ON JANUARY 11, 2000
**SECOND AMENDMENT JUNE 13, 2000