Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68071

picture identification card and their 

vehicles will be subject to search by 

Security personnel. All visitors will be 

issued a visitor pass which must be 

worn at all times while in the facility. 

Please allow adequate time before the 

meeting to complete the security 

process. 

Conference Call Capabilities: If you 

are not able to attend in person, a toll 

free number has been set up for 

teleconferencing. The toll free number 

will be available from 10 a.m. until 4 

p.m. Members should call in around 

10:30 a.m. The number is 1–800–320–

4330. The FICEMS conference code is 

‘‘885721#.’’

FICEMS Meeting Minutes: Minutes of 

the meeting will be prepared and will be 

available upon request 30 days after 

they have been approved at the next 

FICEMS Committee Meeting on March 

2, 2006. The minutes will also be posted 

on the United States Fire 

Administration Web site at http://

www.usfa.fema.gov/fire-service/ems/

ficems.shtm within 30 days after their 

approval at the March 2, 2006 FICEMS 

Committee Meeting.

Dated: November 2, 2005. 

R. David Paulison, 

Acting Director, Federal Emergency 

Management Agency, Department of 

Homeland Security.

[FR Doc. 05–22318 Filed 11–8–05; 8:45 am]

BILLING CODE 9110–17–U

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs 

Gila River Indian Community—Sale 

and Consumption of Alcoholic 

Beverages

AGENCY: Bureau of Indian Affairs, 

Interior.

ACTION: Notice.

SUMMARY: This notice publishes the Gila 

River Indian Community Control 

Ordinance. The Ordinance regulates and 

controls the possession, sale and 

consumption of liquor within the Gila 

River Indian Reservation. The 

Reservation is located on trust land and 

this Ordinance allows for the possession 

and sale of alcoholic beverages within 

the exterior boundaries of the Gila River 

Indian Reservation. This Ordinance will 

increase the ability of the tribal 

government to control the community’s 

liquor distribution and possession, and 

at the same time will provide an 

important source of revenue for the 

continued operation and strengthening 

of the tribal government and the 

delivery of tribal services.

DATES: Effective Date: This Ordinance is 

effective on November 9, 2005.

FOR FURTHER INFORMATION CONTACT:

Sharlot Johnson, Tribal Government 

Services Officer, Western Regional 

Office, P.O. Box 10, Phoenix, Arizona 

85001, Telephone (602) 379–6786; Fax 

(602) 379–4100; or Ralph Gonzales, 

Office of Tribal Services, 1951 

Constitution Avenue, NW., Mail Stop 

320–SIB, Washington, DC 20240; 

Telephone (202) 513–7629.

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 Gila River Indian Community 

Council adopted its Liquor Control 

Ordinance by Ordinance No. GR–03–05 

on April 6, 2005. The purpose of this 

Ordinance is to govern the sale, 

possession and distribution of alcohol 

within the Gila River Indian 

Reservation. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Principal Deputy Assistant Secretary—

Indian Affairs. I certify that this Liquor 

Ordinance of the Gila River Indian 

Community was duly adopted by the 

Community Council on April 6, 2005.

Dated: November 2, 2005. 

Michael D. Olsen, 

Acting Principal Deputy Assistant Secretary—

Indian Affairs.

The Gila River Indian Community 

Liquor Ordinance reads as follows:

Gila River Indian Community Law and 

Order Code, Title 14, Alcoholic 

Beverages 

Chapter 1. Legalizing the Introduction, 

Possession, Storage, and Sale of 

Alcoholic Beverages in the Gila River 

Indian Community: Definitions 

14.101 Members of the Gila River 

Indian Community and other persons 

are hereby authorized to introduce, 

possess, store and sell alcoholic 

beverages in accordance with all 

Community ordinances, rules, and 

regulations, and state and federal law to 

the extent they apply. Such possession, 

storage, and sale is permitted in these 

enumerated situations: 

1. Possession of alcoholic beverage is 

permitted throughout the Gila River 

Indian Reservation. 

2. Locations For Introduction, Storage 

and Sale Of Alcoholic Beverages. The 

introduction, storage, and sale of 

alcoholic beverages is permitted upon 

application to and approval by the Gila 

River Indian Community Council, as 

further described in Chapter 14.202 of 

this Ordinance. Such permission shall 

apply to a corridor extending one-half 

mile on either side of centerline of 

Interstate 10, where it crosses the 

Reservation, and in the following areas: 

parcels within Township 2 South, 

Range 4 East of the Gila and Salt River 

Base and Meridian, a part of the Gila 

River Indian Reservation located in 

Arizona. 

a. More particularly: The True Point 

of Beginning at a point of the North line 

of said Township 2 south, Range 4 East 

on the centerline of Interstate 10, thence 

westerly on said Township line to a 

Point on a line which is one-half mile 

westerly and parallel to the Interstate 10 

centerline, thence southerly on said onehalf mile line to a point on the 

centerline on the Broadacres canal, 

thence southwesterly on said canal 

centerline to the North-South 

midsection line of Section 6, Township 

2 South, Range 4 East, thence south on 

the midsection lines of section 6, 7 and 

18 to the centerpoint of Section 18, 

Township 2 South, Range 4 East, thence 

easterly on the East-West midsection 

lines of Section 18, 17, and 16 to the 

centerline of said Interstate 10, thence 

northwesterly along said centerline to 

the North line of said Township 2 

South, Range 4 East, the true Point of 

Beginning; 

b. Together with: A parcel which True 

Point of Beginning in the Northeast 

corner of Section 4, of said Township 2 

south, Range 4 East, thence westerly on 

the North line of Township 2 South, 

Range 4 East, to the Easterly right-ofway line of Interstate 10, thence 

southeasterly on said right-of-way line 

to the south section line of section 9, 

Township 2 South, Range 4 East, thence 

EAST on said section 9 south section 

line to the southeast corner of Section 

9, thence northerly on the East Section 

lines of Section 9 and Section 4, 

Township 2 South, Range 4 East to the 

True Point of the Beginning; 

c. Also together with: The property as 

described within the Memorial Airport 

lease, all in Township 2 South, Range 4 

East of the Gila and Salt River Base and 

Meridian, to wit:

Section 14 

SW1⁄4

Section 15 

S1⁄2, NE1⁄4

SE1⁄4, NW1⁄4

NE1⁄4, SW1⁄4

SE1⁄4

68072 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

Section 22 

N1⁄2, NE1⁄4, NE1⁄4

Section 23 

NE1⁄4, NW1⁄4, NW1⁄4

N1⁄2, N1⁄2, SW1⁄4, NW1⁄4

E1⁄2, NW1⁄4

N1⁄2, N1⁄2, NE1⁄4, SW1⁄4

NW1⁄4, SE1⁄4

N1⁄2, N1⁄2, SW1⁄4, SE1⁄4

E1⁄2, SE1⁄4

Section 24 

NE1⁄4, NE1⁄4

W1⁄2, NE1⁄4

N1⁄2, N1⁄2, SE1⁄4, SE1⁄4

NW1⁄4

N1⁄2, SW1⁄4

SW1⁄4, SW1⁄4

N1⁄2, N1⁄2, SE1⁄4, SW1⁄4

N1⁄2, N1⁄2, NW1⁄4, SE1⁄4

d. Also together with: A parcel of land 

commonly referred to as the ‘‘Wild 

Horse Pass Development Area,’’ situated 

within the SE1⁄4 of the SE1⁄4 of Section 

1, the E1⁄2 of the NE1⁄4 and SE1⁄4 of 

Section 12, NE1⁄4 of the NE1⁄4 of Section 

13, Township 2 South, Range 3 East, the 

S1⁄2 of the SW1⁄4 of Section 5, the S1⁄2

of the SW1⁄4 and SE1⁄4 of Section 6, all 

of Section 7, W1⁄2 of Section 8, N1⁄2 of 

the NW1⁄4 of Section 17, N1⁄2 of the 

NW1⁄4 and NE1⁄4 of Section 18, 

Township 2 South, Range 4 East of the 

Gila and Salt Meridian. 

3. Introduction, Storage, Sale of 

Alcoholic Beverages At Other Locations.

The introduction, storage, and sale of 

alcoholic beverages on any part of the 

Reservation other than in the areas 

described in Chapter 14.101(2) is 

permitted upon application to and 

approval by the Gila River Indian 

Community Council as further 

described in Chapter 14.202; provided 

that the Council shall not approve the 

application. The vote described in this 

paragraph shall occur at a regular 

meeting of the affected District, and 

shall require the Community members 

residing in the affected District, who are 

present and vote at such regular 

meeting, to recommend approval of the 

application by majority vote.

4. The Gila River Indian Community 

Council may adopt further resolutions 

as may be necessary to implement this 

Ordinance. 

14.102 Definitions. In this Title, 

unless the context otherwise requires: 

1. ‘‘Beer’’ means any beverage 

obtained by the alcoholic fermentation, 

infusion, or decoction of barley malt, 

hops, or other ingredients not drinkable, 

or any combination thereof. 

2. ‘‘Broken package’’ means any 

container of spirituous liquor on which 

the United States tax seal has been 

broken or removed, or from which the 

cap, cork, or seal placed thereupon by 

the manufacturer has been removed. 

3. ‘‘Club’’ includes any of the 

following organizations where the sale 

of spirituous liquor for consumption on 

the premises is made to members only: 

a. A post, chapter, camp, or other 

local unit composed solely of veterans 

and its duly recognized auxiliary which 

has been chartered by the Congress of 

the United States for patriotic, fraternal, 

or benevolent purposes and which has, 

as the owner, lessee, or occupant, 

operated an establishment for that 

purpose within the Reservation. 

b. A chapter, aerie, parlor, lodge, or 

other local unit of an American national 

fraternal organization which has as the 

owner, lessee or occupant operated an 

establishment for fraternal purposes 

within the Reservation. An American 

national fraternal organization as used 

in this subdivision shall actively operate 

in not less than thirty-six states or have 

been in active continuous existence for 

not less than twenty years. 

c. A hall or building association of a 

local unit mentioned in subdivisions (a) 

and (b) of this paragraph, all of the 

capital stock of which is owned by the 

local unit or the members, and which 

operates the clubroom facilities of the 

local unit. 

d. A golf club which has more than 

fifty bona fide members which owns, 

maintains, or operates a bona fide golf 

links together with a clubhouse. 

e. A social club which has more than 

fifty bona fide members who are actual 

residents of the county in which it is 

located, that owns, maintains or 

operates club quarters, is authorized and 

incorporated to operate as a non-profit 

club under the laws of this Community, 

and has been continuously incorporated 

and operating for a period of not less 

than one year. The club shall have had, 

during this one-year period, a bona fide 

membership with regular meetings 

conducted at least once each month and 

the membership shall be and shall have 

been actively engaged in carrying out 

the objectives of the club. The club’s 

membership shall consist of bona fide 

dues paying members paying at least six 

dollars per year, payable monthly, 

quarterly, or annually, which have been 

recorded by the secretary of the club, 

and the members at the time of 

application for a club license shall be in 

good standing having for at least one 

full year paid dues. At least fifty-one 

percent of the members shall have 

signified their intention to secure a 

social club license by personally signing 

a petition, on a form prescribed by the 

Committee, which shall also include the 

correct mailing address of each signer. 

The petition shall not have been signed 

by a member at a date earlier than thirty 

days prior to the filing of the petition. 

It is the intent of this paragraph that a 

license shall not be granted to a club 

which is, or has been primarily formed 

or activated to obtain a license to sell 

liquor, but solely to a bona fide club, 

where the sale of liquor is incidental to 

the main purposes of the club. 

4. ‘‘Committee’’ means the 

Government and Management Standing 

Committee, a committee of the Gila 

River Indian Community Council. 

5. ‘‘Community’’ means the Gila River 

Indian Community. 

6. ‘‘Company’’ or ‘‘association’’ when 

used in reference to a corporation 

includes successors or assigns.

7. ‘‘Council’’ means the Gila River 

Indian Community Council. 

8. ‘‘License’’ means a license or an 

interim retail permit issued pursuant to 

the provisions of this Ordinance. 

9. ‘‘Off-sale retailer’’ means any 

person operating a bona fide regularly 

established retail liquor store selling 

spirituous liquors, wines and beer, and 

any established retail store selling 

commodities other than spirituous 

liquors and engaged in the sale of 

spirituous liquors only in the original 

package, to be taken away from the 

premises of the retailer and to be 

consumed off the premises. 

10. ‘‘On-sale retailer’’ means any 

person operating an establishment 

where spirituous liquors are sold in the 

original container for consumption on 

or off the premises or in individual 

portions for consumption on the 

premises. 

11. ‘‘Premises’’ or ‘‘licensed 

premises’’ means the area from which 

the licensee is authorized to sell, 

dispense, or serve spirituous liquors 

under the provisions of the license. 

12. ‘‘Person’’ includes partnership, 

limited liability company, association, 

company, or corporation, as well as a 

natural person. 

13. ‘‘Reservation’’ means the Gila 

River Indian Reservation, located in the 

counties of Maricopa and Pinal in the 

State of Arizona. 

14. ‘‘Sell’’ includes soliciting and 

receiving an order for, keeping or 

exposing for sale, directly or indirectly 

delivering for value, peddling, or 

keeping with the intent to sell and 

trafficking in. 

15. ‘‘Spirituous liquor’’ includes 

alcohol, brandy, whiskey, rum, tequila, 

mescal, gin, wine, porter, ale, beer, any 

malt liquor or beverage, absinthe, a 

compound or mixture of any of them 

with any vegetable or other substance, 

alcohol bitters, bitters containing 

alcohol, any liquid mixture or 

preparation, whether patented or 

otherwise, which produces intoxication, 

fruits preserved in ardent spirits, and 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68073

beverages containing more than one-half 

of one percent of alcohol by volume. 

16. ‘‘Vehicle’’ means any means of 

transportation by land, water, or air, and 

includes everything made use of in any 

way for such transportation. 

17. ‘‘Wine’’ means the product 

obtained by the fermentation of grapes 

or other agricultural products natural or 

added sugar or any such alcoholic 

beverages fortified with grape brandy 

and containing not more than twentyfour percent alcohol by volume. 

Chapter 2. Jurisdiction, Licensing, and 

Exemptions 

14.201 Jurisdiction. The Gila River 

Indian Community Court is vested with 

original jurisdiction to hear and decide 

all matters arising pursuant to this 

article. 

14.202 License Applications. Liquor 

license applications shall be filed with 

the Government and Management 

Standing Committee of the Gila River 

Indian Community Council. 

1. The Committee shall review all 

liquor license applications and provide 

the Community Council with a 

recommendation as to the disposition of 

the application. A spirituous liquor 

license shall be issued only after a 

satisfactory showing of the capability, 

qualifications and reliability of the 

applicant and, with the exception of 

club licenses, that the public 

convenience requires and that the best 

interests of the Community will be 

substantially served by the issuance. 

2. All applications shall be referred to 

the District in which the applicant seeks 

to do business, except for applications 

in which the applicant will conduct 

business within the areas referenced in 

Chapter 14.101(2) of this Ordinance, 

which do not require District approval.

3. License Issuance Contingent Upon 

Possession Of Gila River Indian 

Community Business License. Any 

person or organized business entity that 

applies for a liquor license to 

manufacture, sell, or deal in spirituous 

liquors within the exterior boundaries of 

the Gila River Indian Reservation shall 

possess a Community Business License 

before being issued a liquor license. 

4. Liquor Issuance Contingent Upon 

Possession Of Arizona Liquor License.

Issuance of a Community Liquor 

License shall be contingent upon the 

applicant obtaining a liquor license of 

the same type from the Department of 

Liquor Licenses and Control of the State 

of Arizona. 

14.203 Scope of License. A license 

issued under this Ordinance shall 

permit the licensee to manufacture, sell, 

or deal in spirituous liquors only at the 

place and in the manner provided 

therein, and a separate license shall be 

issued for each specific business. Each 

license shall specify the: 

1. Particular spirituous liquors which 

the licensee is authorized to 

manufacture, sell, or deal in. 

2. Licensee’s mailing and physical 

address and business or trade name. 

3. Purpose for which the spirituous 

liquors shall be manufactured or sold. 

14.204 Transfer of License. No 

Community license shall be transferred 

without the prior written consent of the 

Gila River Indian Community Council. 

14.205 Expiration of License. Every 

license expires annually, measured from 

the date of issuance. 

1. A licensee who fails to renew the 

license on or before the due date shall 

pay a penalty of one hundred dollars 

($100) with their application for 

renewal. 

2. A license renewal application that 

is deposited, properly addressed, and 

postage provided in an official 

depository of the United States on or 

before the due date shall be deemed 

filed and received by the Committee on 

the date shown by the postmark or other 

official mark of the United States postal 

service. 

3. If the due date falls on a Saturday, 

Sunday, or other Communityrecognized holiday, the renewal shall be 

deemed timely if received by the 

Committee on the next business day. 

4. A licensee who fails to renew the 

license on or before the due date shall 

not sell, purchase, or otherwise deal in 

spirituous liquor until the license is 

renewed. 

5. A license not renewed within 

twenty (20) working days after the due 

date shall be deemed terminated. 

14.206 Exemptions. This Ordinance 

shall not apply to drugstores selling 

spirituous liquors only upon 

prescription or to ethyl alcohol used for 

the following purposes: 

1. Scientific, chemical, mechanical, 

industrial, and medicinal purposes. 

2. Use by those authorized to procure 

spirituous liquor or ethyl alcohol taxfree, as provided by the acts of Congress 

and regulations promulgated 

thereunder. 

3. In the manufacture of denatured 

alcohol produced and used as provided 

by the acts of Congress and regulations 

promulgated thereunder. 

4. In the manufacture of patented, 

patent, proprietary, medicinal, 

pharmaceutical, antiseptic toilet, 

scientific, chemical, mechanical and 

industrial preparations or products, 

unfit and not used for beverage 

purposes. 

5. In the manufacture of flavoring 

extracts and unfit for beverage purposes. 

Chapter 3. Fees 

14.301 Disposition of Fees. All 

license fees and fines collected under 

this Ordinance shall be paid to the 

Community Treasurer’s Office and 

deposited in the Gila River Indian 

Community’s general fund, unless 

otherwise directed by Community 

Council resolution. 

14.302 Fees. All applications for 

liquor licenses shall include full 

payment of the fees described herein. 

Original license application fees shall be 

refunded to the applicant if the 

application is denied. 

1. Application Fees For An Original 

Community License.

a. Distiller’s, Brewer’s, or Vintner’s 

license: one hundred dollars ($100). 

b. Wholesaler’s license to sell 

spirituous liquors: one hundred dollars 

($100). 

c. On-sale retailer’s license to sell all 

spirituous liquors in individual portions 

and in the original container: one 

hundred dollars ($100). 

d. Off-sale retailer’s license to sell all 

spirituous liquors: one hundred dollars 

($100). 

e. Club license issued in the name of 

a bona fide club qualified under this 

Ordinance to sell all liquors on-sale: one 

thousand dollars ($1,000). 

f. Hotel-motel license issued as such 

to sell and serve spirituous liquors 

solely for consumption on the licensed 

premises of the hotel or motel: one 

thousand dollars ($1,000). 

g. Restaurant license issued to sell 

and serve spirituous liquors solely for 

consumption on the licensed premises 

of the restaurant: one thousand dollars 

($1,000). 

2. Renewal Fees.

a. Distiller’s, Brewer’s, or Vintner’s 

license: three hundred dollars ($300). 

b. Wholesaler’s license to sell 

spirituous liquors: two hundred fifty 

dollars ($250). 

c. On-sale retailer’s license to sell all 

spirituous liquors in individual portions 

and in the original container: one 

hundred dollars ($100). 

d. Off-sale retailer’s license to sell all 

spirituous liquors: fifty dollars ($50). 

e. Hotel-motel license issued as such 

to sell and serve spirituous liquors 

solely for consumption on the licensed 

premises of the hotel or motel: two 

hundred fifty dollars ($250). 

f. Restaurant license issued to sell and 

serve spirituous liquors solely for 

consumption on the licensed premises 

of the restaurant: two hundred fifty 

dollars ($250). 

3. Transfer Fees. Licenses may be 

transferred to another licensee only on 

approval from the Community Council 

68074 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

as stated in Chapter 14.204 of this 

Ordinance. 

a. Distiller or Brewer’s license: five 

hundred dollars ($500). 

b. Vintner’s license: three hundred 

dollars ($300). 

c. Wholesaler’s license to sell all 

spirituous liquors: two hundred dollars 

($200). 

d. On-sale retailer’s license to sell all 

spirituous liquors by individual 

portions and in the original containers: 

three hundred dollars ($300). 

e. Off-sale retailer’s license to sell all 

spirituous liquors: one hundred dollars 

($100). 

f. Site Transfer Fee. Persons or 

business organizations who wish to 

retain their license but transfer their 

business to another site may do so after 

paying a site transfer fee of twenty-five 

dollars ($25). 

4. Seasonal Business. Where the 

business of an on-sale retail licensee is 

seasonal, extending for periods of less 

than six (6) months in a calendar year, 

the licensee may designate the periods 

of his operation and be granted a license 

for a period not to exceed six (6) 

months. The fees for any license granted 

pursuant to this subsection shall be onehalf of the fees listed in subsections 

14.302(1), (2), or (3). 

5. Licenses Issued After July 1. Any 

application, renewal, or transfer fee 

levied under this Ordinance after July 1 

shall be reduced by one-half. 

Chapter 4. Regulations 

14.401 Stills.

1. Every person who possesses or 

otherwise exercises control of a still or 

distilling apparatus shall register it with 

the Committee under the rules and 

regulations the Committee may 

prescribe. 

2. Every still or distilling apparatus 

not registered, and any mash, wort, or 

wash, for distillation or for the 

production of spirits or alcohol, and all 

finished products, together with all 

personal property in the possession or 

custody of, or under the control of any 

person which may be used in the 

manufacture or transportation of 

spirituous liquors which is found in the 

building, yard, or enclosure connected 

with the building in which the 

unregistered still or distilling apparatus 

is located, shall be forfeited in the 

Community. 

3. The still, distilling apparatus, wort, 

wash or finished products shall 

forthwith be destroyed by an agency of 

the Committee, or other peace officer, 

and all personal property forfeited to the 

Committee shall be sold at public 

auction to the highest bidder for cash on 

five days’ notice. Notice shall be posted 

at the Gila River Indian Community 

Court and at the District Service Center 

in the District where the still and 

associated personal property were 

seized. All publication and sale 

expenses shall be deducted from the 

sale proceeds and the balance will be 

paid into the Gila River Indian 

Community general fund. 

14.402 Close Of Business. No on-sale 

licensee shall lock, or permit to be 

locked, any entrance of his licensed 

establishment until all persons other 

than the licensee and his employees 

have left the premises. 

14.403 Change Of Business Or Trade 

Name. No licensee shall change the 

name of his licensed business without 

first obtaining written permission from 

the Committee. No licensee shall use a 

name for his licensed business until that 

name has been approved in writing by 

the Committee. The licensee shall 

submit his license for change within 

fifteen (15) days of the written approval 

of the business or trade name change. 

14.404 Containers.

1. No liquor bottle or other container 

authorized by the laws of the United 

States or any agency thereof shall be 

reused for the packaging of distilled 

spirits, nor shall the original contents, 

or any portion of such original contents, 

remaining in a liquor bottle or other 

such authorized container, be increased 

by the addition of any substance. 

2. No licensee shall reuse, sell, or give 

away empty spirituous liquor bottles 

contrary to federal laws or regulations. 

14.405 Recordkeeping. All licensees 

shall retain, for a period of not less than 

two (2) years, all invoices, records, bills, 

and other papers and documents 

relating to the purchase, sale, and 

delivery of alcoholic beverages. Such 

records and papers shall be kept in such 

condition as to be easily accessible to 

the Committee or authorized 

Community employee for audit or 

examination. 

14.406 Emergency Closing of 

Premises. A licensed place of business 

may be required to cease its operation 

and stop all sales of alcoholic beverages 

or allow any person on the premises, 

with the exception of peace officers, the 

licensee and his employees, during the 

time at which it appears to the 

Committee or any peace officer that 

violence might reasonably occur. 

14.407 Persons With Legal Or 

Equitable Interest; Disclosure; Process.

1. All persons having a legal or 

equitable interest in a spirituous liquor 

license shall file with the Committee a 

statement of such interest on a form 

prescribed and furnished by the 

Committee. Notice of termination of 

such interest shall be filed in writing by 

the interest holder upon final 

determination of the interest. Interest 

holders shall immediately file amended 

statements presently on file. 

2. The Committee may periodically, 

by notice to the holders of interests filed 

under this regulation, require those 

interest holders to verify in writing to 

the Committee that the statement 

presently on file is correct and accurate 

and, if not, such interest holder shall 

immediately file an amended statement 

or termination notice. If no response is 

received by the Committee within thirty 

(30) days of the mailing of such notice, 

the interest shall be deemed terminated. 

3. All persons having filed statements 

of interest in accordance with this 

regulation and the statute shall be given 

notice of all matters and/or action 

affecting or regarding the spirituous 

liquor license in which they have an 

interest. Notice shall be effected by 

mailing a copy thereof by registered or 

certified mail in a sealed envelope with 

postage prepaid and addressed to such 

person as his address as shown by the 

statement on file with the Committee. 

Service of such notice shall be complete 

when deposited in the United States 

mail. 

4. All interest holders who are 

entitled to receive notice as provided 

hereinabove shall have the right to 

appear and participate in person and 

through counsel in any hearing held 

before the Committee affecting the 

subject spirituous liquor license as his 

interests may appear. 

5. The statement of legal or equitable 

interest shall allow the person filing 

said statement to participate in the 

proceedings and shall not in any 

manner bind the Community 

concerning the matter under 

consideration. 

14.408 Unlawful Acts. It is unlawful: 

1. For any person, whether as 

principal or agent, clerk or employee, 

whether for himself, or for any other 

person, or for any body corporate, or as 

officer of any corporation, or as a 

member of any firm or co-partnership or 

otherwise to buy for resale, sell or deal 

in spirituous liquors on and within the 

exterior boundaries of the Gila River 

Indian Reservation, Arizona, without 

first obtaining all necessary Federal and 

State licenses including, but not 

restricted to a Federal license to trade 

with the Indians issued pursuant to 

Title 25, Code of Federal Regulations, 

and a valid license issued by the Gila 

River Indian Community. 

2. For a person to sell or deal in 

alcohol for beverage purposes without 

first complying with the provisions of 

this Ordinance. 

Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 68075

3. For a distiller, vintner, brewer or 

wholesaler to sell, dispose of or give 

spirituous liquor to any persons other 

than a licensee, except in sampling 

wares as may be necessary in the 

ordinary course of business. 

4. For a distiller, vintner or brewer to 

require a wholesaler to offer or grant a 

discount to a retailer, unless the 

discount has also been offered and 

granted to the wholesaler by the 

distiller, vintner or brewer. 

5. For a distiller, vintner or brewer to 

use a vehicle for trucking or 

transportation of spirituous liquors 

unless there is affixed to both sides of 

the vehicle a sign showing the name and 

address of the licensee and the type and 

number of his license in letters not less 

than three and one-half inches in height. 

6. For a person to take or solicit orders 

for spirituous liquors unless he is a 

registered salesman or solicitor of a 

licensed wholesaler or a registered 

salesman or solicitor of distillery, 

vintner, brewery, importer or broker. 

7. For any retail licensee to purchase 

spirituous liquor from any person other 

than a registered solicitor or salesman of 

a wholesaler licensed by the State of 

Arizona and the Community. 

8. For a retailer to acquire an interest 

in property owned, occupied or used by 

a wholesaler in his business, or in a 

license with respect to the premises of 

the wholesaler. 

9. Except as provided in paragraphs 

10 and 11 of this section, for a licensee 

or other person to sell, furnish, dispose 

of or give, or cause to be sold, furnished, 

disposed of or given, to a person under 

the legal drinking age or for a person 

under the legal drinking age to buy, 

receive, have in the person’s possession 

or consume spirituous liquor. This 

paragraph shall not prohibit the 

employment by an off-sale retailer of 

persons who are at least sixteen (16) 

years of age to check out, if supervised 

by a person on the premises who is at 

least nineteen (19) years of age, package 

or carry merchandise, including 

spirituous liquor, in unbroken packages, 

for the convenience of the customer of 

the employer, if the employer sells 

primarily merchandise other than 

spirituous liquor. 

10. For a licensee to employ a person 

under the age of nineteen (19) years to 

manufacture, sell or dispose of 

spirituous liquors. This paragraph does 

not prohibit the employment by an onsale retailer of a person under the age of 

nineteen (19) years who cleans up the 

tables on the premises for reuse, 

removes dirty dishes, keeps a ready 

supply of needed items and helps clean 

up the premises. 

11. For an on-sale retailer to employ 

a person under the age of nineteen (19) 

years in any capacity connected with 

the handling of spirituous liquors. This 

paragraph does not prohibit the 

employment by an on-sale retailer of a 

person under the age of nineteen (19) 

years who cleans up the tables on the 

premises for reuse, removes dirty 

dishes, keeps a ready supply of needed 

items and helps clean up the premises. 

12. For a licensee, when engaged in 

waiting on or serving customers, to 

consume spirituous liquor or remain on 

or about the premises while in an 

intoxicated or disorderly condition. 

13. For an employee of a licensee, 

during that employee’s working hours 

or in connection with such 

employment, to give to or purchase for 

any other person, accept a gift of, 

purchase for himself or consume 

spirituous liquor.

14. For a licensee or other person to 

serve, sell or furnish spirituous liquor to 

an intoxicated or disorderly person, or 

for a licensee or employee of the 

licensee to allow or permit an 

intoxicated or disorderly person to come 

into or remain in or about the premises. 

15. For an on-sale or off-sale retailer 

or an employee of such retailer to sell, 

dispose of, deliver or give spirituous 

liquor to a person between the hours of 

2 a.m. and 6 a.m. on weekdays, and 2 

a.m. and 10 a.m. on Sundays. 

16. For a licensee or employee to 

knowingly permit any person on or 

about the licensed premises to give or 

furnish any spirituous liquor to any 

person under the age of twenty-one (21) 

or knowingly permit any person under 

the age of twenty-one (21) to have in the 

person’s possession spirituous liquor on 

the licensed premises. 

17. For an on-sale retailer or an 

employee of such retailer to allow a 

person to consume or possess spirituous 

liquors on the premises between the 

hours of 2:30 a.m. and 6 a.m. on 

weekdays, and 2:30 a.m. and 10 a.m. on 

Sundays. 

18. For an on-sale retail licensee to 

employ a person for the purpose of 

soliciting the purchase of spirituous 

liquors by patrons of the establishment 

for themselves, on a percentage basis or 

otherwise, and no licensee shall serve 

employees or allow a patron of the 

establishment to give spirituous liquor 

to, or to purchase liquor for or drink 

liquor with, any employee. 

19. For an on-sale retailer to sell 

spirituous liquors except in the original 

container, to permit spirituous liquor to 

be consumed on the premises, or to sell 

spirituous liquor in a container having 

a capacity of less than eight ounces, or 

for an on-sale retailer to sell spirituous 

liquor for consumption off the premises 

in the container having a capacity of 

less than eight ounces. 

20. For a person to consume 

spirituous liquor from a broken package 

in a public place, thoroughfare or 

gathering, and the license of a licensee 

permitting a violation of this paragraph 

on the premises shall be subject to 

revocation. This paragraph shall not 

apply to sale of spirituous liquors on the 

premises of and by an on-sale retail 

licensee. 

21. For a person to have possession of 

or to transfer spirituous liquor which is 

manufactured in a distillery, winery, 

brewery, or rectifying plant contrary to 

the laws of the United States and any 

property used in transporting such 

spirituous liquor shall be forfeited to the 

Community and shall be seized and 

disposed of by the Gila River Indian 

Community Police Department. 

22. For a licensee or employee to fail 

or refuse to make the premises or 

records available for inspection and 

examination as provided in this 

Ordinance or to comply with a lawful 

subpoena issued either by the State of 

Arizona or the Gila River Indian 

Community under state of Community 

law. 

Chapter 5. Violations, Appeals, Effect of 

Suspension or Revocation of State 

License, Effective Date 

14.501 Violations. Any person or 

licensee who is fined under this 

Ordinance or has their license 

suspended or revoked may appeal such 

action to the Committee. Upon receipt 

of said appeal, the Committee shall set 

a date to hear the appeal. The 

Committee shall hear such evidence as 

the appellant, Community, and other 

interested parties may offer, and render 

its decision at the conclusion of such 

hearing. 

1. Unlawful Acts. Any person or 

licensee who violates any enumerated 

provision of Chapter 14.408 shall be 

fined Five Hundred Dollars ($500). In 

the event of multiple violations, the 

Committee may levy one fine per 

violation or may levy a single five 

hundred dollar ($500) fine. 

2. Licensees. The Committee may 

revoke the license of any licensee who 

violates any provision of this ordinance. 

14.502 Appeal. The Committee’s 

decision may be appealed to the Gila 

River Indian Community Court, 

provided that the appeal is duly filed 

within twenty working (20) days of the 

Committee’s decision. 

14.503 Effect of Suspension or 

Revocation Of State License.

1. All licensees shall comply with the 

laws of the United States and the State 

68076 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Notices 

of Arizona governing the manufacture 

and sale of spirituous liquor. 

2. Any suspension or revocation of an 

Arizona-issued liquor license shall 

automatically take effect against a 

licensee’s Gila River Indian Communityissued license. 

3. Notwithstanding the appeal process 

described in Chapters 14.501 and 

14.502, no appeal shall be permitted for 

any Community-issued license 

suspended or revoked under Chapter 

14.503(2). 

14.504 Effective Date. In accordance 

with 18 U.S.C. 1161 (2005), this 

Ordinance shall be effective on the date 

upon which, after having been certified 

by the Secretary of the Interior, it is 

published in the Federal Register.

[FR Doc. 05–22357 Filed 11–8–05; 8:45 am]

BILLING CODE 4310–4J–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[CA 160–1220–PG] 

Call for Nominations for Carrizo Plain 

National Monument Advisory 

Committee

AGENCY: Bureau of Land Management, 

(BLM), Interior.

ACTION: Call for nominations for the 

Carrizo Plain National Monument 

Advisory Committee under Section 309 

of the Federal Land Policy and 

Management Act (Pub. L. 94–579 and 43 

CFR 1784 4–1). 

SUMMARY: The purpose of this notice is 

to request public nominations for the 

Carrizo Plain National Monument 

Resource Advisory Committee. The 

advisory committee has nine member 

terms expiring in December of this year. 

The terms of the council members are 

three years long. Meetings are usually 

held quarterly, however additional 

meetings may be called if necessary. 

The committee advises the Secretary of 

the Interior and the Bureau of Land 

Management on resource management 

issues associated with the Carrizo Plain 

National Monument. BLM will consider 

public nominations for 30 days after the 

publication date of this notice.

DATES: Submit a completed nomination 

form and nomination letters to the 

address listed below by December 9, 

2005.

ADDRESSES: Send nominations to: Field 

Manager, Bakersfield Field Office, 

Bureau of Land Management, 3801 

Pegasus Avenue, Bakersfield, California 

93308.

FOR FURTHER INFORMATION CONTACT: Ron 

Huntsinger, Bakersfield Field Office 

manager, (661) 391–6000.

SUPPLEMENTARY INFORMATION: Any 

individual or organization may 

nominate one or more persons to serve 

on the Carrizo Plain National 

Monument Advisory Committee. 

Individuals may nominate themselves 

for committee membership. Nomination 

forms can be obtained from the 

Bakersfield Field Office, Bureau of Land 

Management (see ADDRESS above). To 

make a nomination, you must submit a 

completed nomination form, letters of 

reference from the interests or 

organizations the nominee intends to 

represent, as well as any other 

information that speaks to the 

nominee’s qualifications, to the 

Bakersfield Field Office. You may make 

nominations for the following categories 

of interest: 

(1) A member of, or nominated by, the 

San Luis Obispo Board of Supervisors. 

(2) A member of, or nominated by, the 

Kern County Board of Supervisors. 

(3) A member of, or nominated by, the 

Carrizo Native American Advisory 

Council. 

(4) A member of, or nominated by, the 

Central California Resource Advisory 

Council. 

(5) A member representing 

individuals or companies authorized to 

graze livestock within the National 

Monument. 

(6) Four members with recognized 

backgrounds reflecting: 

(a) The purposes for which the 

monument was established and 

(b) The interests of other stakeholders, 

including the general public, that are 

affected by or interested in the planning 

and management of the National 

Monument. 

The specific category the nominee 

would like to represent should be 

identified in the letter of nomination 

and in the nomination form. The 

Bakersfield Field Office will collect the 

nomination forms and letters of 

reference and, in the case of categories 

1–4 (above) distribute them to the 

officials responsible for submitting 

nominations. The Bureau of Land 

Management will then forward 

recommended nominations to the 

Secretary of the Interior, who has 

responsibility for making the 

appointments. 

The purpose of the Carrizo Plain 

National Monument Advisory 

Committee is to advise the Bureau of 

Land Management on the management 

of the monument. Each member will be 

a person who, as a result of training and 

experience, has knowledge or special 

expertise which qualifies him or her to 

provide advice from among the 

categories of interest listed above. 

Members will serve without monetary 

compensation, but will be reimbursed 

for travel and per diem expenses at 

current rates for government employees,

Dated: September 27, 2005. 

Janet Bedrosian, 

Acting State Director, California BLM.

[FR Doc. 05–22347 Filed 11–8–05; 8:45 am]

BILLING CODE 4310–84–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management 

[WO–260–09–1060–00–24 1A] 

Correction to Notice of Call for 

Nominations for the Wild Horse and 

Burro Advisory Board

AGENCY: Bureau of Land Management, 

Interior.

ACTION: Corrections to Notice of Call for 

Nominations for the Wild Horse and 

Burro Advisory Board. This notice was 

previously published in the Federal 

Register: Vol. 70, No. 193/Tuesday, 

October 6, 2005. 

SUMMARY: The Federal Register Notice 

has an incorrect date for nominations to 

be submitted to the National Wild Horse 

and Burro Advisory Board. The 

corrected notice extends the date to 

November 30, 2005. The nominations 

should be submitted to the National 

Wild Horse and Burro Program, Bureau 

of Land Management, Department of 

Interior, P.O. Box 12000, Reno, Nevada 

89520–0006, Attn: Ramona DeLorme: 

fax (775) 861–6711.

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeff Rawson, Group Manager, Wild 

Horse and Burro Group, (202) 452–0379. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may reach Ms. DeLorme at any 

time by calling the Federal Information 

Relay Service at 1 (800) 877–8339.

Dated: October 25, 2005. 

Thomas H. Dyer, 

Deputy Assistant Director, Renewable 

Resources and Planning.

[FR Doc. 05–22187 Filed 11–8–05; 8:45 am]

BILLING CODE 4310–84–P