Pueblo of Isleta Liquor Sales Ordinance, 47212-47214 [E8-18775]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Notices]
[Pages 47212-47214]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18775]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Isleta Liquor Sales Ordinance

AGENCY: Bureau of Indian Affairs, Interior

ACTION: Notice.

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SUMMARY: This notice publishes the Amended and Restated Pueblo of 
Isleta Liquor Sales Ordinance. The amended Ordinance regulates and 
controls the possession, sale and consumption of liquor within the 
Pueblo of Isleta lands. The Pueblo of Isleta is located on trust land 
and this amended Ordinance allows for the possession and sale of 
alcoholic beverages within the exterior boundaries of the Pueblo of 
Isleta. This amended Ordinance will increase the ability of the tribal 
government to control the distribution and possession of liquor within 
their reservation and at the same time will provide an important source 
of revenue and strengthening of the tribal government and the delivery 
of tribal services.

DATES: Effective Date: This Ordinance is effective as of September 12, 
2008.

FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Division of Tribal 
Government, Office of Indian Services, 1001 Indian School Road, 
Albuquerque, New Mexico 87104; Telephone (505) 563-3530; Fax (505) 563-
3060; or Elizabeth Colliflower, Office of Indian Services, 1849 C 
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 
513-7627; Fax (202) 208-5113.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953; 
Public Law 83-277, 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 ordinances for the purpose of regulating liquor 
transactions in Indian Country. The Tribal Council of the Pueblo of 
Isleta adopted this amended Liquor Sales Ordinance on October 4, 2007. 
The purpose of this amended Ordinance is to govern the sale, possession 
and distribution of alcohol within the lands held by the Pueblo of 
Isleta. This notice is published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs. I approve this ordinance and certify that this Amended 
and Restated Liquor Sales Ordinance of the Pueblo of Isleta was duly 
adopted by the Tribal Council on October 4, 2007.

    Dated: July 31, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.

    The Pueblo of Isleta's Amended and restated Liquor Sales Ordinance 
reads as follows:

PUEBLO OF ISLETA

LIQUOR SALES ORDIANCE

(Current as of October 4, 2007)
    Be it ordained and enacted by the Pueblo of Isleta as follows:

Section 1. Introduction.

    A. Title. The title of this ordinance shall be the Liquor Sales 
Ordinance of the Pueblo of Isleta.
    B. Authority. This ordinance is being passed and enacted in 
accordance with the inherent governmental powers of the Pueblo of 
Isleta, a federally recognized tribe of Indians, and specifically under 
Article V, Section 2(e) of the Pueblo of Isleta Constitution, and in 
conformance with the laws of the State of New Mexico, as required by 18 
U.S.C. Section 1161.
    C. Purpose. The purpose of this ordinance is to regulate the sale 
of Intoxicating Beverages (as herein defined) within the exterior 
boundaries of the Pueblo of Isleta.

Section 2. Definitions.

    ``Enterprise'' means a Person engaged in, or desiring to engage in, 
the business of selling Intoxicating Beverages.
    ``Governor'' means the Governor of the Pueblo of Isleta or his 
designee.
    ``Intoxicated Person'' means a person whose mental or physical 
functioning is substantially impaired as a result of the use of alcohol 
or drugs.
    ``Intoxicating Beverage'' includes the four varieties of liquor 
commonly referred to as alcohol, spirits, wine, and beer, and all 
fermented, spirituous, vinous, or malt liquor, or combinations thereof, 
and mixed liquor, a part of which is fermented, spirituous, vinous, or 
malt liquor, or otherwise intoxicating, and every liquid or solid or 
semisolid or other substance, patented or not, containing alcohol, 
spirits, wine, or beer, excluding any prescription or over-the-counter 
medicine, any product not fit for human consumption and wine used for 
sacramental purposes.
    ``License'' means a license or authorization by the Tribal Council 
for an Enterprise to sell Intoxicating Beverages at a designated 
location.
    ``Licensed Establishment'' means (1) a physical area of Pueblo of 
Isleta tribal land, excluding lands which have been assigned to an 
individual tribal member, or (2) a certain space or area within a 
building on Pueblo of Isleta tribal lands (which have not been assigned 
to an individual tribal member), designated by the Pueblo of Isleta 
Tribal Council as a place where Intoxicating Beverages can be sold. A 
Licensed Establishment may be a designated area, such as golf course or 
an amphitheater.
    ``Licensee'' means an Enterprise which holds a Pueblo of Isleta 
Liquor License and is authorized by the Tribal Council to sell and 
serve Intoxicating Beverages in a Licensed Establishment.
    ``Minor'' means any person under the age of twenty-one (21) years.

[[Page 47213]]

    ``Permitted Server'' means any individual who is an owner or 
employee of a Licensee and who is authorized to sell, serve, or 
dispense Intoxicating Beverages under such rules and regulations as the 
Pueblo may adopt. A Permitted Server may not be a Minor.
    ``Person'' means an individual, corporation, limited liability 
company, partnership, joint venture, association, trust unincorporated 
organization or business, government, Indian Tribe (including the 
Pueblo and its Enterprises), or any agency, instrumentality, or 
subdivision thereof.
    ``Pueblo'' means the Pueblo of Isleta, a federally-recognized tribe 
of Indians, located within the exterior boundaries of the State of New 
Mexico.
    ``Server Permit'' means a permit to serve Intoxicating Beverages 
issued to a Permitted Server.
    ``Tribal Council'' means the Pueblo of Isleta Tribal Council.

Section 3. General.

    The sale of Intoxicating Beverages shall be lawful within the 
exterior boundaries of the Pueblo of Isleta and on all other lands of 
the Pueblo over which the Pueblo has jurisdiction provided that such 
sale is made in conformance with the laws of the State of New Mexico, 
to the extent applicable, and is authorized by this Ordinance.

Section 4. Sales Allowed.

    A. Sales of Intoxicating Beverages on Pueblo lands are authorized 
only if the sale occurs in a Licensed Establishment owned or operated 
by a Licensee.
    B. Sales of Intoxicating Beverages at a Licensed Establishment may 
be made only by a Permitted Server.
    C. No sale of Intoxicating Beverages shall be made to a person 
under the age of twenty-one (21).

Section 5. Licenses.

A. Licensees.

    1. An Enterprise owned or controlled by the Pueblo which is 
expressly authorized by the Tribal Council to sell and serve 
Intoxicating Beverages shall be deemed to be a Licensee without further 
application.
    2. Any other Enterprise which seeks to sell and serve Intoxicating 
Beverages shall apply for a License on such form and pursuant to such 
rules and regulations as the Pueblo may adopt. The application shall be 
submitted to the Governor and the Tribal Council, accompanied by the 
applicable fee as established from time to time by the Pueblo, and must 
contain, among other matter, the following information:
    (a) The name and address of the Enterprise and, if applicable, the 
state in which it was incorporated or organized, and a certified copy 
of its articles of incorporation or organization;
    (b) the names and addresses of all officers of the Enterprise and 
of all Persons owning a five percent (5%) or greater interest in the 
Enterprise:
    (c) a list of every liquor license or permit, by number and state 
or Indian tribe, in which the Enterprise or any predecessor-in-interest 
has, or within the part ten (10) years had, directly or indirectly 
owned or held any interest;
    (d) for every natural person identified in paragraph (b), two (2) 
complete sets of fingerprints and detail with respect to past criminal 
activity, including conviction for any felony, conviction for any 
misdemeanors, and conviction for a violation of any Federal or State 
liquor control law at any time, except that traffic offenses need not 
be listed;
    (e) detail as to whether any Person identified in paragraph (b) 
either (i) ever applied for a liquor license or permit from any 
governmental entity, which was denied, and the reasons for such denial, 
or (ii) held a liquor license or permit which was revoked, and the 
reasons for such revocation; and
    (f) evidence of financial responsibility.
    3. Licenses shall be issued for a period not to exceed one (1) 
year, and may be renewable in the discretion of the Pueblo upon the 
submission of a properly completed renewal application, accompanied by 
the applicable license renewal fee, as established from time to time by 
the Pueblo.

B. Permitted Servers:

    1. Any individual, including an individual employed by the Pueblo, 
who seeks to become a Permitted Server, shall apply for a Server Permit 
on such form and pursuant to such rules and regulations as the Pueblo 
may adopt. The application shall be submitted to the Governor and must 
contain, among other matters, the following information:
    (a) The name and address of the applicant;
    (b) a list of all jobs, businesses, and other employment for the 
immediately preceding five (5) years;
    (c) a listing of all residence for the immediately preceding five 
(5) years, including street address, city, and State, and dates of 
residence at each different location;
    (d) the information required under subsection A.2(c), (d) and (e) 
above;
    (e) evidence that the individual has taken the requisite alcohol 
server training program as may be required of individuals selling 
Intoxicating Beverages under the laws of the State of New Mexico, or 
agrees to take such course within thirty (3) days of his or her 
employment.
    2. Server Permits, unless sooner revoked, shall be issued for a 
period of up to five (5) years from the date that the Permitted Server 
has completed an alcohol server training program.

C. Fingerprint Procedures.

    1. The Pueblo may require two sets of fingerprints from any or all 
of the individuals identified in subsections 5.A and 5.B above.
    2. All applicants to become Licensees and any other individual 
required to submit fingerprints hereunder must consent that the 
fingerprints may be processed by local and National law enforcement 
agencies and all other available agencies. If the search, by virtue of 
the fingerprint submission, reveals any adverse information which was 
not shown on the application, the individual concerned will be given an 
opportunity to explain the circumstance of such omission or challenge 
the authenticity of the revealed information.
    3. Any cost associated with supplying the complete sets of 
fingerprints and the investigation thereafter will be borne exclusively 
by the Licensee or Permitted Server applicant.

Section 6. Licensed Establishments.

    A. Sales and serving of Intoxicating Beverages may occur only in a 
Licensed Establishment.
    B. Each Licensed Establishment shall be identified by a map showing 
its location and the perimeters of the land and/or building, or portion 
thereof, together with a general description of the premises, which map 
and description shall be filed with the Pueblo. A parcel of land not 
containing a building, so long as the perimeters thereof are defined, 
may be a Licensed Establishment including, but not limited to, areas 
within a golf course (including adjacent facilities utilized in 
connection with the golf course complex), an amphitheater, or an 
area(s) adjacent to the Isleta Casino & Resort complex (such as outdoor 
cafes and special event tents).
    C. An Enterprise which is not owned or controlled by the Pueblo 
must apply to the Tribal Council for a License to operate a Licensed 
Establishment on such form and in such a manner as the Pueblo may 
prescribe. The premises upon which the Enterprise applies to operate 
shall not be deemed a Licensed Establishment unless and until such 
License is granted.
    D. An Enterprise which is owned or controlled by the Pueblo and 
which has

[[Page 47214]]

been authorized by the Tribal Council to sell Intoxicating Beverages 
shall be deemed to have a Licensed Establishment upon filing the map 
and description required under Subsection 6.B pursuant to express 
authorization of the Tribal Council.
    E. No Licensed Establishment shall be located closer than 500 feet 
from any church, school, or military installation. A Licensed 
Establishment shall be specifically designated as to whether it is 
permitted to sell Intoxicating Beverages by the package and/or by the 
drink.

Section 7. License Server Permit Approvals and Denials.

    A. The granting, denial or renewal of a License or Server Permit 
shall be within the discretion of the Pueblo of Isleta Tribal Council.
    B. A License or a Server Permit may be terminated or revoked for 
cause. Cause shall include:
    1. A violation of this Ordinance or the laws of the State of New 
Mexico;
    2. a violation of any rules and regulations adopted by the Pueblo 
to implement this Ordinance;
    3. a sale of Intoxicating Beverages outside a Licensed 
Establishment or in violation of its License;
    4. the conviction of a Licensee, a Permitted Server, or of any 
individual, described in subsection 5.A.2 (b), of a felony or of a 
misdemeanor involving a violation of any alcoholic beverage law; a 
material misstatement in the application for a License or Server 
Permit; and
    6. allowing a nuisance, drug sales, or rowdy behavior within the 
Licensed Establishment.
    C. Revocation of a License or Server Permit will occur only 
following an opportunity for a hearing before the Tribal Council or its 
authorized delegee. Decisions of the Tribal Council or its authorized 
delegee shall be final and not subject to further review.
    D. No transfer or assignment of a License shall be made without the 
approval in writing of the Tribal Council.
    E. Notwithstanding any other provision of this Ordinance, a License 
issued hereunder shall not be deemed a property right or vested right 
of any kind, nor shall the granting of any License give rise to a 
presumption or legal entitlement to the renewal of such License.

Section 8. Prohibited Sales and Practices.

    A. No Licensee or Permitted Server shall:
    1. Sell, serve, or dispense Intoxicating Beverages to any person 
who is obviously intoxicated;
    2. award Intoxicating Beverages as prizes;
    3. sell Intoxicating. Beverages at a drive-up or walk-up window;
    4. sell Intoxicating Beverages to a Minor;
    5. knowingly sell Intoxicating Beverages to an adult purchasing 
such liquor on behalf of a Minor or an Intoxicated Person; or
    6. allow a person to bring Intoxicating Beverages onto the premises 
of a Licensed Establishment for the purposes of consuming them himself, 
or providing them to other individuals.

Section 9. Enforcement.

A. Criminal Penalties.

    1. A Licensee or Permitted Server who is subject to the 
jurisdiction of the Pueblo and is found guilty of violating any portion 
of this Ordinance, or is found guilty of having made any materially 
false statement or concealed any material facts in his/her application 
for a License or Server Permit granted pursuant to the provisions of 
this Ordinance, shall have his/her/its License or Server Permit 
immediately revoked subject to reinstatement after a hearing pursuant 
to subsection 7.C, and such individual shall be subject to a fine not 
to exceed $500.00 for each violation.
    2. Any person subject to the jurisdiction of the Pueblo who is 
found guilty of purchasing Intoxicating Beverages on behalf of a minor 
or an intoxicated person shall be subject to a fine not to exceed 
$500.00 for each violation or not to exceed one (1) month in jail, or 
both.
    3. Any Minor subject to the jurisdiction of the Pueblo purchasing, 
attempting to purchase, or found in possession of Intoxicating 
Beverages shall be subject to a fine not to exceed $500.00 for each 
violation.

B. Civil Penalties.

    1. Any non-member Licensee violating any provision of this 
Ordinance or regulations promulgated hereunder shall be subject to his/
her/its License being revoked, as well as immediate termination of any 
contract with the Pueblo, and to such other civil sanctions as are 
provided in rules and regulations implementing this Ordinance.
    2. Any Permitted Server who is not a member of the Pueblo and who 
violates any provision of this Ordinance or regulations promulgated 
hereunder may be subject to revocation of his/her Server Permit as well 
as immediate termination of his/her employment.
    3. Any non-member of the Pueblo who purchases Intoxicating 
Beverages on behalf of a Minor or an Intoxicated Person shall be 
subject to exclusion from Pueblo lands.

Section 10. Rules and Regulations.

    The Tribal Council may adopt and enforce rules and regulations to 
implement this Ordinance. The rules and regulations will be in 
conformance with New Mexico State law, if applicable, and with this 
Ordinance.

Section 11. Amendment.

    This Ordinance amends and supplements the prior Liquor Ordinance of 
the Pueblo of Islet, enacted in 1958. This amendment shall be effective 
upon the final approval of this Ordinance by the Secretary of the 
Interior or his designated representative.

Section 12. Severability

    In the event any provision of this Ordinance is declared invalid or 
unconstitutional by a court of competent jurisdiction, all other 
provisions shall not be affected and shall remain in full force and 
effect.

Section 13. Sovereign Immunity

    The sovereign immunity of the Pueblo of Isleta shall not be waived 
by this Ordinance.
CERTIFICATION
    The foregoing Amended and Restated Pueblo of Isleta Liquor Sales 
Ordinance was ordained and enacted at a duly called meeting of the 
Tribal Council of the Pueblo of Isleta, held on the 4th day of October, 
2007, at which a quorum was present, with 10 voting for, 0 opposing, 
and 0 abstaining.

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Governor

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President, Tribal Council

Atest:
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Tribal Council Secretary

[FR Doc. E8-18775 Filed 8-12-08; 8:45 am]
BILLING CODE 4310-4J-P