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"No law shall be passed granting to any
citizen or class of citizens privileges, or immunities,
which, upon the same terms, shall not equally belong to all citizens." Oregon Constitution Article I, Section 20 When the public first requested a copy of this document, they were told it was exempt from Oregon's public records laws. After intervention by the Oregon Attorney General's Office, the document was released. According to OLCC staff at the Eugene, Oregon office, as of April 27, 2004, this draft agreement had not been signed. However, it is assumed it was eventually signed because the OLCC has begun selling liquor to the casino - for about half the price of what they charge other liquor retailers. DRAFT
MEMORANDUM OF UNDERSTANDING GOVERNING LIQUOR LICENSING AND REGULATION BETWEEN THE THE CONFEDERATED TRIBES OF COOS, LOWER UMPQUA AND SIUSLAW INDIANS AND THE STATE OF OREGON BY AND THROUGH THE OREGON LIQUOR CONTROL COMMISSION RECITALS This Memorandum of Understanding (MOU) is entered into on May ___, 2004, between the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians C'CTCLUS') and the State of Oregon (State) pursuant to ORS 190.110 and the Class III Gaming Compact, by and through the Oregon Liquor Control Commission (OLCC). This MOU establishes how Oregon state law and OLCC licensing regulations apply to the sale and service of alcoholic liquor on CTCLUS Tribal lands,. For purposes of this MOU, "CTCLUS" includes the Confederated Tribes of Coos, Lower Umpqua and Siuslaw Indians, and any tribal entity involved with the sale and service of alcoholic beverages on CTCLUS Tribal Lands. The CTCLUS agrees to perform, and to require any person permitted by the CTCLUS to sell or distribute alcoholic liquor to perform, in the same manner as any other Oregon business entity for the purpose of liquor licensing and regulation. The CTCLUS agrees that OLCC authority under Oregon Revised Statutes (ORS) Chapter 471 and Oregon Administrative Rules (OAR) Chapter 137, Divisions 3-4 and Chapter 845, Divisions 1-15 shall apply to the sale, service and distribution of alcoholic liquor on Tribal lands. The CTCLUS agrees to comply with and shall have remedies under ORS Chapter 471 and 183, OAR Chapter 137, Divisions 3-4 and Chapter 845, Divisions 1-15. 1.1 LICENSING The CTCLUS agrees to obtain all necessary liquor licenses from the OLCC before engaging in the sale and service of alcoholic beverages on Tribal lands. The CTCLUS agrees to sell alcoholic liquors only in licensed areas on Tribal lands in a manner consistent with the issued license. The CTCLUS agrees to pay all standard required licensing fees. The CTCLUS agrees to identify to OLCC all parties that have or are proposed to have a financial interest in the business. The State agrees to coordinate, to the extent possible, the work of the Oregon State Police and the OLCC with respect to background checks. The CTCLUS agrees to sell packaged distilled liquor products at its gaming facility in the same manner as other Full-On Premises licensees with hotel facilities within the State of Oregon. If the CTCLUS obtains an OLCC Full-On Premises License that allows the sale of distilled liquor by the individual drink, the CTCLUS agrees to purchase its distilled liquor from an OLCC Retail Sales Agent, another Full-On Premises Licensee of the OLCC, or from OLCC's warehouse. The State agrees that the price of distilled liquor sold to the CTCLUS, from the OLCC's warehouse only, will be the State's landed cost, without mark up, plus a 5% handling charge for each case ordered on complete cases, and a 15% handling charge of each bottle ordered on split cases. The OLCC agrees to notify the CTCLUS at least 30 days prior to any increase in the handling fee. The OLCC shall not charge a handling fee greater than that charged to any other government licensee. The CTCLUS agrees to operate the licensed business as proposed in its license application, and to obtain advanced approval for any changes in the business operation for which advanced approval is required by rule. The CTCLUS agrees to ensure that all employees obtain required Service Permits and complete Alcohol Server Education. CTCLUS employees involved in managing alcohol service, sales or dispensing must also attend other liquor law orientation classes or meet other liquor law orientation requirements mandated by OLCC. The OLCC will, upon -request, provide additional training to CTCLUS employees. 2.1 COMPLIANCE WITH LIQUOR REGULATIONS The CTCLUS agrees to comply, and to assure compliance by its agents and employees, with all Oregon Revised Statutes and OLCC administrative rules that concern the sale, service and dispensing of alcoholic beverages, and the Tribal-State gaming compact. The CTCLUS, its agents, or employees, may be subject to sanctions in the form of fines, license and service permit suspensions, or license and service permit revocation for violations of liquor control laws and administrative rules. The CTCLUS will have the right to contest any proposed sanction through the procedures applicable under this MOU. Nothing in this MOU shall create any waiver, consent or presumption as to the CTCLUS' right to retain concurrent jurisdiction over Indians or against non-Indian establishments for enforcement of the CTCLUS' liquor laws on Tribal lands.. Consistent with the provisions of Section 5.A.1.of the Class III Gaming Compact (regarding the application of state criminal law on Tribal lands), and with notice to the CTCLUS Gaming and Regulatory Commission, OLCC inspectors shall have the authority of Peace Officers on Tribal land with regard to liquor law violations on Tribal lands. In exercising this authority, the CTCLUS agrees to permit OLCC Inspectors, Investigators, Regulatory Specialists, Regional Managers and other sworn employees access to the licensed premises. Upon prior notice and approval, the CTCLUS agrees to permit OLCC Inspectors, Investigators, Regulatory Specialists, Regional Managers and other sworn employees access to locked or secure areas. Approval by the CTCLUS Gaming Commission shall not be unreasonably withheld. The decision to allow access to locked or secure areas will be based on OLCC's presentation of articulable facts pursuant to maintaining compliance with ORS or OAR chapters or sections related to the sales, service or dispensing of alcoholic beverages. OLCC Inspectors, Regulatory Specialists, and other sworn OLCC employees may serve subpoenas, seize evidence, issue criminal citations to appear in state court for liquor law violations, issue OLCC administrative warning and violation notices, and lawfully detain employees and patrons for investigations of violations. Consistent with the provisions of Section 5.A.5.of the Class III Gaming Compact, action taken by OLCC Inspectors, Regulatory Specialists, and other sworn OLCC employees shall be conducted in good faith to minimize any interruption of the daily operation of Tribal businesses. CTCLUS officials may accompany OLCC Inspectors, Regulatory Specialists or other sworn employees during inspection of locked or secure areas. The CTCLUS agrees to maintain and produce for OLCC representative's books and records for inspection as required by statute and rule. 3.1 INSURANCE AND LIABILITY The CTCLUS agrees to obtain and maintain liquor liability insurance in the amount required by OLCC rule, The CTCLUS agrees to exercise a limited waiver of their sovereign immunity from suit brought in the State of Oregon by persons under ORS 471.565 up the limits of the CTCLUS' liquor liability insurance. The CTCLUS' insurance policy shall have an endorsement providing that the insurer may not invoke tribal sovereign immunity up to the limits of the policy in state, federal or tribal court, including when the Tribes or a Tribal entity is the named defendant The CTCLUS agrees to list the Oregon Liquor Control Commission and the State of Oregon as an additional insured to its public liability insurance policy with respect to the CTCLUS' activities arising from and pertaining to this MOU provided that the CTCLUS shall not be liable for the errors, omissions, or negligence of the State of Oregon or Oregon Liquor Control Commission. 4.1 EFFECTIVE DATE AND DURATION OF AGREEMENT This MOU shall not be effective until all of the following actions have occurred, and until the parties to this agreement have been notified of the completed actions: The Secretary of the Interior certifies and publishes in the Federal Register, an ordinance authorizing and regulating the sale of alcohol within the gaming facility, as required by 18 USC § 1161. * The CTCLUS adopts a resolution waiving immunity from suit as provided under "Insurance and Liability" in this MOU. * The CTCLUS and the Director of the Oregon Liquor Control Commission have executed this MOU. * The CTCLUS provides a copy of its certificate of liquor liability insurance that abides by the terms of this agreement. * The Oregon Liquor Control Commission has ratified the MOU., * Any court proceeding arising between the State of Oregon and CTCLUS under this MOU shall be commenced and conducted in a court of competent jurisdiction.. This MOU applies to all Tribal land businesses established by the CTCLUS that sell, serve or distribute alcoholic beverages. This MOU shall not create any waiver, consent or presumption concerning the rights or obligations of either the CTCLUS or the State with respect to the licensing or regulation of the sale, service or dispensing of alcoholic beverages or any other activity of the CTCLUS with respect to the sale, service or distribution of alcoholic beverages on Tribal lands. Exectited the day and year written above. By:________________________________ Chairman, CTCLUS By, ________________________________ Director, OLCC WHAT YOU CAN DO:
We urge all those concerned about the OLCC issuing a liquor license to a casino in Florence to send comments to: Philip D. Lang, Chairman Oregon Liquor Control Commission 5769 S.W. Huddleson Street Portland, Oregon 97219 Phone: 503-872-5242 Fax: 503-245-2452 e-mail: philip.lang@state.or.us Robert Rice Oregon Liquor Control Commission 6850 S.W. Gable Parkway Portland, Oregon 97225 Phone: 503-239-6889 Fax: 503-232-6771 e-mail: RARICE1946@msn.com William Flinn Oregon Liquor Control Commission 747 S.W. Mill View Way Bend, Oregon 97702 Phone: 541-317-5505 Fax: 541-317-5507 e-mail: weflinn@hlr-law.com Lindy Fisker Oregon Liquor Control Commission 9079 S.E. McLoughlin Blvd. Portland, Oregon 97222 Phone: 503-255-5613 Fax: 503-464-2354 e-mail: valencizfisker@pgn.com |
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