[Federal Register Volume 62, Number 233 (Thursday, December 4, 1997)]
[Notices]
[Pages 64234-64236]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-31746]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Isleta Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that Resolution No. 
97-045, enacting the Liquor Ordinance of the Pueblo of Isleta was duly 
adopted by the Pueblo of Isleta on July 17, 1997. The Ordinance 
provides for the regulation of the activities of the regulation, 
manufacture, distribution, possession, sale, and consumption of liquor 
on the Pueblo of Isleta lands under the jurisdiction of the Pueblo of 
Isleta, the provisions for criminal jurisdiction to be exercised in 
acordance with applicable Federal case law, statutes, and regulations.

DATES: This Ordinance is effective as of December 4, 1997.

FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal 
Government Services, 1849 C Street, NW., MS 4641-MIB, Washington, DC 
20240-4001; telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Liquor Ordinance of the Pueblo of Isleta 
is to read as follows:

Pueblo of Isleta Liquor Ordinance

Section 1

Introduction
    A. Title. The title of this ordinance shall be the Liquor 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, and specifically under Article V, Section 2(e) of the Pueblo of 
Isleta Constitution. This Ordinance is in conformance with the laws of 
New Mexico, as required in 18 U.S.C. 1161.
    C. Purpose. The purpose of this ordinance is to regulate the sale 
of intoxicating liquor within the exterior boundaries of the Pueblo of 
Isleta.

Section 2

Definitions
    ``Governor'' means the Governor of the Pueblo of Isleta or his 
designee.
    ``Individuals employed by the Pueblo'' means persons who are tribal 
employees.
    ``Intoxicating beverage'' includes the four varieties of liquor 
commonly referred to as alcohol, spirits, wine, and beer, and all 
fermented, spiritous, vinous, or malt liquor, or combinations thereof, 
and mixed liquor, a part of which is fermented, spiritous, 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.
    ``Licensed establishment'' means a physical area of Pueblo of 
Isleta tribal land designated by the Pueblo of Isleta Tribal Council as 
a licensed establishment for the purpose of selling intoxicating 
beverages. Designation by the Tribal Council must show the perimeters 
of the land and building of the establishment. A map and general 
description will be required.
    ``Minor'' means any person under the age of twenty-one (21) years. 
``Permittee'' means a person employed by the Pueblo of Isleta and 
authorized by the Pueblo of Isleta Tribal Council to sell and serve 
intoxicating beverages, the permit for such designation having been 
issued pursuant to Section 6 of this Ordinance.
    ``Pueblo'' means the Pueblo of Isleta, a federally-recognized tribe 
of Indians, located within the exterior boundaries of the State of New 
Mexico.

Section 3

General
    The sale of intoxicating beverages shall be lawful within the 
exterior boundaries of the Pueblo of Isleta and all other lands of the 
Pueblo over which the Pueblo has jurisdiction if such sale is made in 
conformance with New Mexico state law, if applicable, and authorized by 
this Ordinance.

Section 4

Location of Sales
    All sales of intoxicating beverages must be made at establishments 
which are wholly owned and operated by the Pueblo and which are duly 
licensed to engage in such sales by the Pueblo. No licensed 
establishment shall be located

[[Page 64235]]

closer than 500 feet from any church, school, or military installation. 
A licensed establishment will be specifically designated so as to 
permit sales either by the package or by the drink.

Section 5

Sales Allowed
    Only individuals employed by the Pueblo and specifically authorized 
by the Pueblo of Isleta Tribal Council may engage in the sale of 
intoxicating beverages within the exterior boundaries of the Pueblo of 
Isleta and in accordance with this Ordinance.

Section 6

Permits
    Only individuals employed by the Pueblo of Isleta and specifically 
authorized by the Pueblo of Isleta Tribal Council may sell and serve 
intoxicating beverages:
    A. Permit Procedure.
    1. Only persons authorized by the Pueblo of Isleta Tribal Council 
may be duly granted a permit to sell intoxicating beverages.
    2. A person applying for a permit must furnish to the Governor and 
Tribal Council a completed application for a ``Liquor Permit.'' Such 
application must contain, among other things, the following 
information:
    (a) An exhaustive listing of all jobs, businesses, and other 
employment for the immediately preceding ten years;
    (b) A listing of all residences for the immediately preceding ten 
years, including street address, city, and state, and dates of 
residence at each different location;
    (c) A list of every liquor license or permit, by number and state, 
in which the applicant has directly or indirectly owned or had any 
interest;
    (d) 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 act 
in any calendar year, except that traffic offenses need not be listed;
    (e) Detail as to whether the applicant ever applied for a liquor 
license or permit from any governmental entity and was denied and the 
reasons for any denial.
    3. The applicant shall provide two complete sets of fingerprints on 
a form designated; the costs associated with supplying the complete 
sets and the investigation thereafter will be borne exclusively by the 
applicant.
    4. The applicant must give his 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 by the 
applicant on the application, the applicant will be given an 
opportunity to explain the circumstance of such omission or challenge 
the authenticity of the revealed information.
    B. Granting, Denial, Termination or Revocation of Permit. The 
granting, denial, termination, or revocation of a permit to an 
applicant will be within the discretion of the Pueblo of Isleta Tribal 
Council. The Governor, after reviewing the application and making 
appropriate inquiry, will make a recommendation to the Tribal Council. 
The following classes of persons shall be prohibited from being granted 
a permit to sell or serve intoxicating beverages:
    1. Any person convicted of a felony;
    2. A minor.
    Upon termination of employment with the Pueblo, an individual's 
authorization shall be revoked as of said employee's termination date.
    Revocation of a permit will occur only following an opportunity to 
be heard.
    C. Licensed Establishments. Sales of intoxicating beverages will 
occur only at establishments wholly owned and operated by the Pueblo 
and duly licensed by the Pueblo. The license for an establishment must 
show the perimeters of the land and building of the establishment. A 
map and general description will be required. 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.
    D. Prohibited Sales and Practices.
    No permittee 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 who has not attained the 
age of twenty-one (21);
    5. Knowingly sell intoxicating beverages to an adult purchasing 
such liquor on behalf of a minor or an intoxicated person.
    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 7

Penalties
    A. Criminal Penalties.
    1. A permittee who is found guilty of violating any portion of this 
Ordinance shall have his/her permit immediately revoked and such 
individual shall be subject to a fine not to exceed $500.00 for each 
violation.
    2. Any person who is found guilty of purchasing intoxicating 
beverages on behalf of a minor or an intoxicated person shall be 
subject to a fine of $500.00 for each violation or one (1) month in 
jail.
    3. Any minor attempting to purchase intoxicating beverages or found 
in possession of intoxicating beverages shall be fined not more than 
$500.00 for each violation.
    4. Any person who is found guilty of having made any false 
statement or concealed any material facts in his application for the 
permit granted him pursuant to the provisions of this Ordinance shall 
be immediately discharged from employment and fined not more than 
$500.00 for each violation.
    B. Civil Penalties.
    1. Any permittee violating any provision of this Ordinance or 
regulations promulgated hereunder may be subject to immediate 
revocation of his permit as well as immediate termination of his 
employment.
    2. Any person possessing intoxicating beverages in violation of 
this Ordinance will be subject to having those beverages summarily 
confiscated by an authorized person. Confiscation will not preclude 
other civil and criminal penalties.

Section 8

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 9

Citations; Enforcement
    Citations for violations of a provision of this Ordinance or rules 
or regulations promulgated hereunder may be issued by an officer of the 
Pueblo of Isleta police department or any person authorized by the 
Governor.

Section 10

Repeal
    This Ordinance repeals the prior Liquor Ordinance of the Pueblo of 
Isleta, enacted in 1969. This repeal shall be effective on December 4, 
1997.

[[Page 64236]]

Section 11

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 12

Sovereign Immunity
    The sovereign immunity of the Pueblo of Isleta shall not be waived 
by this Ordinance.

    Dated: November 19, 1997.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-31746 Filed 12-3-97; 8:45 am]
BILLING CODE 4310-02-P