Voglio sapere a riguardo di…

Federal Register / Vol. 86, No. 125 / Friday, July 2, 2021 / Notices Government Services, Office of Indian Services, Bureau of Indian Affairs, 1849
C Street NW, MS4513MIB, Washington, DC 20240, Telephone:
202 5137641.
Pursuant to the Act of August 15, 1953, Public Law 83277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme Court in Rice v. Rehner, 463 U.S. 713
1983, the Secretary of the Interior shall certify and publish in the Federal Register notice of adopted liquor control ordinances for the purpose of regulating liquor transactions in Indian country.
The Tribal Council of the Cayuga Nation of New York duly adopted the Cayuga Nation Alcoholic Beverage Control Ordinance on August 2, 2016, and subsequently amended it by resolution on December 5, 2017.
This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant SecretaryIndian Affairs Department of the Interior Departmental Manual, 209 DM 8. I
certify that the Tribal Council of the Cayuga Nation of New York duly adopted the Cayuga Nation Alcoholic Beverage Control Ordinance on August 2, 2016, and subsequently amended it by resolution on December 5, 2017 to clarify language.
The Cayuga Nation Alcoholic Beverage Control Ordinance reads as follows:

SUPPLEMENTARY INFORMATION:

Cayuga Nation of New York Alcoholic Beverage Control Ordinance December 5, 2017

lotter on DSK11XQN23PROD with NOTICES1

Article-1 Introduction, Manufacture, Sale, Distribution and Possession The manufacture, introduction, sale, distribution or possession of alcoholic beverages within Indian country as that term is defined in 18 U.S.C. 1151 under the jurisdiction of the Cayuga Nation of New York the Nation shall be lawful, provided that such manufacture, introduction, sale, distribution or possession is in compliance with the laws, regulations and ordinances of the Nation, which, in accordance with 18
U.S.C. 1161, shall at all times conform with the laws, regulations and ordinances of the State of New York and of the United States. Without limiting the generality of the foregoing in any way, the possession of alcoholic beverages by, or the sale or distribution of alcoholic beverages to anyone, under the age of twenty-one 21 is expressly prohibited.

VerDate Sep<11>2014

17:12 Jul 01, 2021

Jkt 253001

Article 2-Alcoholic Beverage Control Commission A. The Cayuga Nation Alcoholic Beverage Control Commission the Commission is hereby established by this Ordinance. The Commission shall be the sole Nation regulatory body with jurisdiction over, and shall possess the authority to control, the manufacture, possession, sale, distribution and consumption of alcoholic beverages within Indian country under the Nations jurisdiction.
B. The Commission shall consist of at least three 3 but not more than five 5
members each of whom shall be appointed by the federally-recognized Council of the Cayuga Nation hereinafter referred to as the Authorized Governing Council of the Nation which shall also have the power to appoint a Chairman of the Commission. Any individual twentyone 21 years of age or older shall be eligible to serve on the Commission regardless of whether he or she is a citizen of the Nation, provided the Authorized Governing Council of the Nation determines that: i There would be no apparent conflict of interest created by the individuals appointment, and ii a background investigation of the individual has been performed and the results of that investigation are deemed satisfactory.
Further, a majority of the members of the Commission shall, at all times, consist of individuals who are not members of the Authorized Governing Council of the Nation.
C. The term of office for each member of the Commission shall be two 2
years. A member of the Commission may serve more than one term on the Commission. Nevertheless, a Commission member may be removed, for cause, by the Authorized Governing Council of the Nation prior to the expiration of his or her term.
Article 3: Commission Powers and Duties The Commission, in furtherance of this Ordinance, shall have the following powers and duties:
A. To regulate and control the manufacture, sale, possession, distribution and consumption of alcoholic beverages on all Indian Country under the Nations jurisdiction.
B. To adopt, publish and enforce rules and regulations governing: a The appointment of individuals to serve as Chairman and as officers of the Commission including but not limited to a President and a Secretary/Treasurer, and to delegate to such officers those executive, management, and
PO 00000

Frm 00069

Fmt 4703

Sfmt 4703

35327

administrative functions it deems appropriate, b the manufacture, sale, possession, distribution and consumption of alcoholic beverages on all Indian Country under the Nations jurisdiction, and c all matters pertaining to the authority conferred upon the Commission by this Ordinance.
C. To authorize officers, employees, security personnel, and such other persons as shall be reasonably necessary, to enforce the rules and regulations of this Ordinance and perform its functions.
D. To adjudicate all alleged violations of this Ordinance, in accordance with Article 8 of this Ordinance and all other applicable provisions of Nation law.
Article 4: License Required No person shall manufacture or sell at wholesale or retail, any alcoholic beverages on Nation reservation lands, or within any Indian Country, under the jurisdiction of the Nation unless such person has been duly licensed by the Commission.
Article 5: License Application No license shall be issued under this Ordinance to any person unless such person possesses the qualifications and satisfies the conditions set by the Commission. Any person or persons desiring a license under this Ordinance shall file a sworn application for such license with the Commission. The application shall include, among other things, a full and complete showing of the following:
A. Each person who applies for a license to manufacture or sell alcoholic beverages under this Ordinance shall, if such application is approved, be required to pay a license fee in accordance with the most recent license fee schedule published by the Commission. Fees for a license issued pursuant to this Ordinance shall be remitted to the Secretary/Treasurer of the Commission. Such fees shall be deposited by the Commission in the general fund of the Nation.
B. Proof satisfactory to the Commission that the applicant is not a member of the Commission and that he or she satisfies each of the licensing requirements established by the Commission.
The denial of an application for a license under this Ordinance may be appealed, within thirty 30 days of such denial, by filing a Notice of Appeal with the Authorized Governing Council of the Nation. A copy of such Notice must be concurrently served upon the Commission and the appellant must follow all rules and procedures for
E:FRFM02JYN1.SGM

02JYN1