47214 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

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. 

/s/ lllllllllllllllllll

Governor 

/s/ lllllllllllllllllll

President, Tribal Council 

Atest: 

/s/ lllllllllllllllllll

Tribal Council Secretary 

[FR Doc. E8–18775 Filed 8–12–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Pueblo of San Felipe Liquor Control 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Pueblo of San Felipe Liquor Control 

Ordinance. The Ordinance regulates and 


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controls the possession, sale and 

consumption of liquor within the 

Pueblo of San Felipe lands. The Pueblo 

of San Felipe is located on trust land 

and this Ordinance allows for the 

possession and sale of alcoholic 

beverages within the exterior 

boundaries of the Pueblo of San Felipe. 

This 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 August 13, 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 San 

Felipe adopted this Liquor Ordinance 

on April 14, 2008. The purpose of this 

Ordinance is to govern the sale, 

possession, and distribution of alcohol 

within the lands held by the Pueblo of 

San Felipe. 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 Liquor Sales Ordinance of the 

Pueblo of San Felipe was duly adopted 

by the Tribal Council on April 14, 2008. 

Dated: July 31, 2008. 

George Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

The Pueblo of San Felipe’s Liquor 

Control Ordinance reads as follows: 

PUEBLO OF SAN FELIPE LIQUOR 

CONTROL ORDINANCE 

Adopted by Resolution No. 2008–86 on 

April 14, 2008 

I. TITLE AND PURPOSE. 

The title of this ordinance is the 

Pueblo of San Felipe Liquor Control 

Ordinance (Liquor Ordinance). The 

purpose of this Liquor Ordinance is to 

standardize procedures for the 

regulation and control of the sale and 

consumption of liquor on the 

Reservation. 

II. AUTHORITY. 

The Pueblo enacts this Liquor 

Ordinance pursuant to its inherent 

governmental powers and in accordance 

with its traditional law, which 

empowers its Tribal Council to enact 

ordinances. This Liquor Ordinance 

conforms with and also has been 

enacted pursuant to the Act of August 

15, 1953 (Pub. L. No. 83–277, 67 Stat. 

586, 18 U.S.C. § 1161). The Sale of 

Liquor shall be lawful within the 

Reservation if such Sale complies with 

this Liquor Ordinance and, to the extent 

required by Federal law, applicable laws 

of the State of New Mexico. 

III. DEFINITIONS. 

Except as otherwise provided herein, 

the following definitions apply 

throughout this Liquor Ordinance: 

A. ‘‘Certified Server’’ means any 

employee of a Liquor Licensee who is 

twenty-one (21) years of age or older, 

certified to Sell Liquor on the 

Reservation in accordance with this 

Liquor Ordinance, has successfully 

completed a Liquor server training 

program approved by the Tribal 

Council, and is certified as having 

completed such course by the entity 

providing the training program or by the 

Tribal Council; 

B. ‘‘Commission’’ means the Pueblo of 

San Felipe Liquor Control Commission; 

C. ‘‘Enterprise’’ means a business 

wholly-owned by the Pueblo that is 

engaged in, or desires to engage in, the 

business of Selling Liquor on the 

Reservation; 

D. ‘‘Governor’’ means the Governor of 

the Pueblo or his designee; 

E. ‘‘Licensed Liquor Establishment’’

means a designated physical location 

within the Reservation from which a 

Liquor Licensee is authorized to Sell 

Liquor under the provisions of the 

Liquor License granted by the Tribal 

Council in accordance with this Liquor 

Ordinance; 

F. ‘‘Liquor’’ means distilled or 

rectified spirits, potable alcohol, brandy, 

whiskey, rum, gin, and aromatic bitters 

bearing the Federal internal revenue 

strip stamps or any similar alcoholic 

beverage, including blended or 

fermented beverages, dilutions or 

mixtures of one or more of the foregoing 

containing more than one-half percent 

alcohol, but excluding medicinal bitters. 

‘‘Liquor’’ includes ‘‘beer’’ and any other 

alcoholic beverage created by the 

fermentation of any infusion or 

decoction of barley, malt, and hops, or 

other cereals in water, and includes 

porter, beer, ale, and ‘‘wine,’’ which 

means alcoholic beverages obtained by 

the fermentation of natural sugar 

contained in fruit or other agricultural 

products, with or without the addition 

of sugar or other products that do not 

contain less than one-half percent 

(0.5%) nor more than twenty-one 

percent (21%) alcohol by volume; 

G. ‘‘Liquor License’’ means a 

revocable license granted by the Tribal 

Council authorizing the Liquor Licensee 

named therein to Sell Liquor at a 

specified Licensed Liquor Establishment 

on the Reservation; 

H. ‘‘Liquor Licensee’’ means the 

holder of a valid Liquor License 

allowing the Sale of Liquor in a 

designated Licensed Liquor 

Establishment, as authorized and 

granted by the Tribal Council; provided 

that a ‘‘Liquor Licensee’’ may be any 

eligible Person or the Pueblo, including 

any department, agency, or Enterprise 

thereof; 

I. ‘‘Minor’’ means any individual 

under the age of twenty-one (21) years 

of age; 

J. ‘‘Package Sale’’ means those Sales 

of Liquor in containers filled or packed 

by a manufacturer or wine bottler Sold 

by a Liquor Licensee in an unbroken 

package for consumption off the 

Licensed Liquor Establishment premises 

and not for resale; 

K. ‘‘Person’’ means an individual, 

trust, firm, association, partnership, 

political subdivision, tribal or other 

government agency, municipality, 

industry, public or private corporation, 

or any other entity whatsoever; 

L. ‘‘Public Place’’ means gaming, 

eating, and commercial or community 

facilities of every nature that are open 

to and/or are generally used by the 

public; public conveyances of all kinds 

and character; and all other places of 

like or similar nature to which the 

general public has been invited, and 

that generally are used by the public; 

M. ‘‘Pueblo’’ means the Pueblo of San 

Felipe; 

N. ‘‘Reservation’’ means all lands 

within the exterior boundaries of the 

Pueblo’s territories, all lands owned by 

the Pueblo subject to Federal 

restrictions on alienation, and all other 

lands that are now or may hereafter be 

held in trust for the benefit of the 

Pueblo, or held by the Pueblo subject to 

restrictions against alienation, whether 

by purchase, gift, act of Congress, or 

otherwise; 

O. ‘‘Sale’’ or ‘‘Sell’’ means the 

exchange, barter, traffic, donation, with 

or without consideration, in addition to 


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the selling, supplying, serving for 

consumption, dispensing, delivering, or 

distributing, by any means whatsoever, 

of Liquor by any Person or the Pueblo, 

including any tribal department, agency, 

or Enterprise, to any Person or the 

Pueblo, including any tribal department, 

agency, or Enterprise thereof; 

P. ‘‘Tax Commission’’ means the Tax 

Commission of the Pueblo of San Felipe 

or such other tribal commission, official, 

council, or agency designated by the 

Tribal Council to carry out the duties of 

the Tax Commission hereunder; 

Q. ‘‘Tribal Council’’ means the Pueblo 

of San Felipe Tribal Council; 

R. ‘‘Tribal Courts’’ means any or all of 

the courts established by the Pueblo to 

enforce Pueblo law; 

S. ‘‘Wholesaler’’ means a person 

whose place of business is located off 

the Reservation and who Sells, or 

possesses for the purpose of Sale, any 

Liquor for resale by a Liquor Licensee; 

T. ‘‘Wholesaler License’’ means a 

revocable license granted by the Tribal 

Council authorizing the Wholesaler 

named therein to do business on the 

Reservation with a Liquor Licensee; and 

U. ‘‘Wholesaler Licensee’’ means the 

holder of a valid Wholesaler License. 

IV. POWERS OF THE TRIBAL 

COUNCIL. 

In furtherance of this Liquor 

Ordinance, the Tribal Council shall 

have the following powers and duties: 

A. To publish and enforce such rules 

and regulations governing the Sale and 

consumption of Liquor at Licensed 

Liquor Establishments and in Public 

Places on the Reservation as the Tribal 

Council deems necessary and 

appropriate; 

B. To employ accountants, personnel, 

inspectors, and such other Persons as 

shall be reasonably necessary to allow 

the Tribal Council and Commission to 

perform their functions under this 

Liquor Ordinance; 

C. To authorize, license, restrict, and 

prohibit, if necessary, the Sale of Liquor 

on the Reservation, including but not 

limited to Sales by all Persons, as well 

as by any tribal department, agency, or 

Enterprise of the Pueblo; 

D. To establish a Commission with 

such delegated powers and 

responsibilities as are set forth in this 

Ordinance; E. To bring suit in the San 

Felipe Tribal Court to enforce this 

Liquor Ordinance; 

F. To determine violations of this 

Liquor Ordinance; and 

G. To exercise such other powers as 

may be necessary to implement this 

Liquor Ordinance and accomplish its 

purposes. 

V. LIQUOR CONTROL COMMISSION. 

A. Establishment. There is hereby 

established the Pueblo of San Felipe 

Liquor Control Commission. 

B. Composition; Qualifications. 

1. The Commission shall consist of 

three (3) members appointed by the 

Tribal Council. 

2. All Commissioners shall be 

members of the Pueblo. 

3. No more than one Commissioner 

may be a member of the San Felipe 

Tribal Council. No Commissioner who 

is a member of the Tribal Council may 

vote in the Tribal Council on any 

licensing or other decision 

recommended to the Tribal Council by 

the Commission. 

4. No person shall be eligible or 

qualified to serve, or continue to serve, 

as a Commissioner who: 

a. Has been convicted of a felony; or 

b. Is an employee of or has any 

financial interest in any Licensee or 

applicant for a Liquor License. 

C. Powers and Duties of the 

Commission. The Commission shall 

have the following powers and duties: 

1. To receive and investigate all 

applications for licenses under this 

Ordinance; 

2. To inspect the premises and have 

access to all books and records of 

Licensees to monitor and assure 

compliance with this Ordinance; 

3. To investigate all reported or 

suspected violations of this Ordinance; 

4. To enforce this Ordinance and to 

recommend to the Tribal Council 

decisions and other actions on license 

applications, suspension or revocation 

of licenses, assessment of civil 

penalties, filing of judicial proceedings, 

and any and all other actions the Tribal 

Council may take under this Ordinance; 

5. To hold such hearings, sit and act 

at such times and places, take 

testimony, and receive such evidence as 

the Commission deems relevant in 

fulfilling its duties; 

6. To keep minutes, records, and 

books in which shall be kept a true, 

faithful, and correct record of all 

proceedings of the Commission; 

7. To recommend to the Tribal 

Council such regulations and fee 

schedules as the Commission believes 

are necessary and appropriate to 

implement and enforce this Ordinance; 

D. Terms; Compensation; Meetings. 

1. Each Commissioner shall serve for 

a three (3) year term. 

2. Upon adoption of this Ordinance, 

one Commissioner shall be appointed 

for a one-year term, one Commissioner 

shall be appointed for a two-year term, 

and one Commissioner shall be 

appointed for a three-year term. 

Thereafter, all Commissioners shall be 

appointed for full three-year terms. A 

Commissioner whose term has expired 

shall serve until his or her replacement 

is appointed. 

3. Service as a Commissioner shall not 

be a full-time position. Commissioners 

shall meet on a monthly basis or more 

frequently from time to time as may be 

needed. 

4. Commissioners shall be paid a 

stipend in such amount and at such 

frequency as shall be determined by the 

Tribal Council. 

E. Termination of Commissioners. A 

Commissioner may be terminated by the 

Tribal Council only for cause and only 

in accordance with the following 

procedures: 

1. Termination of a Commissioner 

shall be initiated by the Governor with 

written notice to the Commissioner and 

the Tribal Council, specifying the cause 

for termination. 

2. The cause for termination shall be 

limited to: 

a. conviction in any court of a felony, 

of a liquor- or drug-related crime within 

the last three (3) years, or of a crime 

involving dishonesty; 

b. failure to meet or maintain the 

qualifications for Commissioners set 

forth herein; 

c. gross neglect of duty; or 

d. malfeasance in office, or conduct 

which amounts to gross and intentional 

disregard of the laws and procedures 

applicable to the affairs of the 

Commission. 

VI. AUTHORIZED LIQUOR SALES 

AND PRACTICES. 

A. Generally. 

1. It shall be unlawful to possess 

Liquor anywhere on the Reservation, 

including within private homes, except 

as authorized by this Liquor Ordinance. 

2. Except as otherwise provided 

herein, Liquor Licensees may Sell 

Liquor on the Reservation at Licensed 

Liquor Establishments during all hours 

allowed for Liquor Sales by Pueblo and 

State of New Mexico law; provided that 

the Tribal Council may impose more 

stringent hours of operation upon a 

Licensed Liquor Establishment on a 

case-by-case basis. 

B. Sales on Sundays and Election 

Days. Except as otherwise limited by the 

Tribal Council, the Sale of Liquor shall 

be allowed on Sunday and on any 

Pueblo, Federal, or State of New Mexico 

election day to the same extent 

authorized by the State of New Mexico. 

C. Sales Only by Certified Servers. 

All Liquor Sales on the Reservation 

authorized by this Liquor Ordinance 

shall be made only by Certified Servers. 

Upon the request of the Governor, the 


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Tribal Council, or the Commission, a 

Liquor Licensee shall submit proof that 

all its employees Selling Liquor on the 

Reservation are Certified Servers. 

D. Liquor Sales at Gaming Facility. 

Any Sale of Liquor at a gaming facility 

shall comply with all applicable 

provisions of any Tribal-State Class III 

gaming compact between the Pueblo of 

San Felipe and the State of New Mexico, 

as it now exists or hereafter may be 

amended. 

E. Wholesale Liquor Transactions. A 

Liquor Licensee shall purchase Liquor 

for resale at a Licensed Liquor 

Establishment on the Reservation only 

from a Wholesaler possessing a valid 

Wholesaler License issued by the Tribal 

Council. A Wholesaler Licensee shall 

Sell Liquor for resale at a Licensed 

Liquor Establishment on the Reservation 

only to holders of valid Liquor Licenses 

issued by the Tribal Council; provided 

that such Sales are otherwise in 

conformity with this Liquor Ordinance 

and applicable laws of the State of New 

Mexico. 

VII. PROHIBITED LIQUOR SALES 

AND PRACTICES. 

A. Resale. No Liquor Licensee shall 

Sell Liquor on the Reservation for 

resale; all such Sales shall be for the 

personal use of the purchaser. 

B. Bringing Liquor Onto Licensed 

Liquor Establishment Premises. No 

Person shall bring any Liquor for 

personal consumption onto any 

Licensed Liquor Establishment premises 

where Liquor is authorized to be Sold 

by the drink, unless such Liquor was 

purchased on such premises, or unless 

the possession or distribution of such 

Liquor on such premises is otherwise 

authorized under the provisions of this 

Liquor Ordinance. 

C. No Sales to Minors. No Person 

shall Sell Liquor on the Reservation to 

a Minor. It shall be a defense to an 

alleged violation of this Section that the 

purchaser presented to the Seller of the 

Liquor an apparently valid 

identification document showing the 

purchaser’s age to be twenty-one (21) 

years or older. 

D. No Sales to Intoxicated Persons. 

No Person shall Sell Liquor on the 

Reservation to a Person believed to be 

intoxicated. 

E. Sales Must Be Made by Adults. No 

Person shall take any order, make any 

delivery, or accept payment for any Sale 

of Liquor within the Reservation, or 

otherwise have any direct involvement 

in any such Sale, who is less than 

twenty-one (21) years of age. 

F. Payment at Time of Sale. A 

Licensed Liquor Establishment shall not 

make any Sale of any Liquor without 

receiving payment therefor by cash, 

check, or credit card at or about the time 

the Sale is made; provided that nothing 

herein shall preclude the Licensed 

Liquor Establishment from receiving a 

delivery of Liquor from a duly 

authorized Wholesaler if arrangements 

have been made to pay for such delivery 

at a different time; and provided further 

that nothing herein shall preclude the 

Licensed Liquor Establishment from 

allowing a customer to purchase more 

than one item in sequence, and to pay 

for all such purchases at the conclusion 

thereof, so long as payment is made in 

full before the customer leaves the 

premises; and provided further that 

nothing herein shall prevent the 

Licensed Liquor Establishment from 

distributing Liquor to customers 

without charge, so long as such 

distribution is not otherwise in violation 

of any provision of this Liquor 

Ordinance or tribal-state class III gaming 

compact between the Pueblo of San 

Felipe and the State of New Mexico, as 

it now exists or hereafter may be 

amended. 

G. Open Containers Prohibited. No 

Person shall have an open container of 

any Liquor in a Public Place, other than 

on the premises of a Licensed Liquor 

Establishment, or in any automobile, 

whether moving or standing still. This 

Section shall not apply to empty 

containers such as aluminum cans or 

glass bottles collected for recycling. 

H. Other Prohibitions on Hours and 

Days of Sale. The Tribal Council may, 

by duly enacted resolution, establish 

other days on which, or times at which, 

sales or consumption of Liquor is not 

permitted within the Reservation. The 

Tribal Council shall give prompt notice 

of any such enactment to all Wholesaler 

Licensees, Liquor Licensees, and 

Licensed Liquor Establishments doing 

business within the Reservation. 

VIII. LICENSING. 

A. Liquor Licenses for Licensed 

Liquor Establishments. 

1. General Eligibility; Applications. 

a. The Pueblo is hereby deemed 

eligible to be a Liquor Licensee without 

further application under this Liquor 

Ordinance except as such licensing 

pertains to the designation of the 

Licensed Liquor Establishment itself, 

provided that any Enterprise of the 

Pueblo must apply for a Liquor License 

in the same manner and the same extent 

as any other applicant for a Liquor 

License. If the applicant is an Enterprise 

of the Pueblo, the Enterprise shall be the 

named Liquor Licensee. 

b. Any other Person that wants to Sell 

Liquor on the Reservation must 

demonstrate eligibility and apply to 

become a Liquor Licensee on the 

application forms, accompanied by the 

fee, and in the manner prescribed by the 

Tribal Council. No Person currently 

employed by the Pueblo or an 

Enterprise of the Pueblo is eligible to be 

a Liquor Licensee. Any individual 

applying for a Liquor License shall be at 

least twenty-one (21) years of age, and 

not have been convicted of a Liquorrelated misdemeanor within the last five 

(5) years or of a felony at any time. If 

such Person is a corporation, 

partnership, or other business entity, the 

manager of the proposed Licensed 

Liquor Establishment shall be an 

individual at least twenty-one (21) years 

of age, who has not been convicted of 

a Liquor-related misdemeanor within 

the last five (5) years or of a felony at 

any time. The Tribal Council may 

require that an applicant for a Liquor 

License submit to a background 

investigation by filing with the 

application two (2) complete sets of his 

or her fingerprints taken under the 

supervision of and certified by a Pueblo, 

state, or federal law enforcement officer. 

In such a case, the Tribal Council may 

issue a temporary Liquor License 

pending the results of the background 

clearance, subject to revocation at any 

time. 

2. Licensed Liquor Establishments. 

a. In its application for a Liquor 

License, the applicant shall request that 

the Tribal Council designate and license 

a specific location on the Reservation 

where the Liquor Licensee is authorized 

to Sell Liquor. The applicant shall, at a 

minimum, submit a map showing the 

location of the proposed site and the 

perimeters of the land and building, 

together with a general description of 

the premises. A parcel of land not 

containing a building may be a Licensed 

Liquor Establishment, including but not 

limited to areas within and adjacent to 

a racetrack and/or golf course. The 

applicant shall submit such request on 

the forms and in the manner prescribed 

by the Commission. 

b. No Licensed Liquor Establishment 

shall be located closer than three 

hundred (300) feet from any church, 

kiva, plaza, or school. 

c. The Tribal Council, in its 

discretion, may place terms, conditions, 

and/or restrictions on the Sale of Liquor 

at a Licensed Liquor Establishment, 

including but not limited to the hours 

and days of operation and the type of 

Liquor Sold; provided that a Liquor 

Licensee may appeal the imposition of 

any special restrictions as provided in 

Article X of this Liquor Ordinance. 

3. Evaluation of and Decision on 

Applications. 


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a. All applications, together with the 

applicable fee, shall be submitted to the 

Commission, which shall gather and 

review all necessary information. Based 

on its review, the Commission shall 

forward the information to the Tribal 

Council with a recommended decision. 

b. After considering the information 

submitted on the application for a 

Liquor License and the recommendation 

of the Commission, the Tribal Council 

shall grant and issue a Liquor License if 

it concludes that the Liquor License will 

serve the best interests of the Pueblo 

and the regulatory goals of this Liquor 

Ordinance. 

c. The Tribal Council shall deny the 

application if it finds that granting a 

Liquor License would be contrary to the 

best interests of the Pueblo and the 

regulatory goals of this Liquor 

Ordinance. 

d. In making their recommended and 

final determinations, the Commission 

and the Tribal Council shall consider 

such factors as the applicant’s 

compliance history with applicable 

Pueblo and federal law, whether the 

applicant is currently in violation of any 

Pueblo law, the number and density of 

Licensed Liquor Establishments on the 

Reservation, whether the applicant will 

operate a new or existing establishment, 

whether food will be sold on the 

premises, or any other reason bearing on 

the health, safety, and welfare of the 

Reservation community or the economic 

security of the Pueblo. 

e. The Tribal Council shall send the 

applicant a final written decision 

explaining the grounds for its decision 

either granting or denying the 

application for a Liquor License. 

4. Liquor License Term; Renewal. 

a. Except as otherwise determined by 

the Tribal Council, the term of a Liquor 

License shall be three (3) years. 

b. Notwithstanding the three-year 

term, every Liquor Licensee shall pay an 

annual licensing fee to be determined by 

the Commission subject to the approval 

of the Tribal Council. 

c. An application for a renewal of a 

Liquor License may be made not more 

than ninety (90), nor less than sixty (60) 

days prior to the expiration of the 

Liquor License, made on such forms as 

prescribed by the Commission, and 

shall be accompanied by any required 

fees. Denial of an application for 

renewal of a Liquor License is 

appealable as provided in this Liquor 

Ordinance. 

5. Liabilities of Liquor Licensee. 

Except as otherwise provided herein, 

each Liquor Licensee shall be 

accountable for all violations of the 

Liquor License and this Liquor 

Ordinance and for all taxes, fees, and 

penalties that may be charged against 

the Liquor License or Licensed Liquor 

Establishment. 

B. Classes of Liquor Licenses. The 

Tribal Council may establish by 

regulation classes of Liquor Licenses 

and the activities authorized with each 

class, including but not limited to 

restaurants, bars, and Package Sales. 

C. Transfer, Assignment, or Lease of 

Liquor License. No Liquor Licensee 

shall transfer, assign, or lease a Liquor 

License without the prior written 

approval of the Tribal Council. 

Applications for the transfer, 

assignment, or lease of a Liquor License 

shall be submitted to the Commission, 

which shall conduct any applicable 

investigation and make its 

recommendation to the Tribal Council. 

Liquor Licenses issued hereunder shall 

not be deemed a property right or 

vested right of any kind, nor shall the 

granting of any Liquor License give rise 

to a presumption or legal entitlement to 

a renewal thereof. 

D. Special Events Liquor Permits. 

Upon request, the Tribal Council may in 

its discretion issue Special Events 

Liquor Permits authorizing specific 

Sales of Liquor for specific time periods 

not to exceed one (1) week, on such 

terms as may be recommended by the 

Commission and established by the 

Tribal Council; provided that an 

applicant for a Special Events Liquor 

Permit must be at least twenty-one (21) 

years of age and not have been 

convicted of a Liquor-related 

misdemeanor within the last five (5) 

years or of a felony at any time. 

Applications for a Special Events Permit 

shall be submitted to the Commission, 

which shall conduct any applicable 

investigation and make its 

recommendation to the Tribal Council. 

E. Wholesaler-Wholesaler License 

Required. No Wholesaler shall Sell, 

offer for Sale, or ship Liquor to a Liquor 

Licensee for resale at a Licensed Liquor 

Establishment on the Reservation except 

with a Wholesaler License. A 

Wholesaler shall apply for a Wholesaler 

License on such forms, accompanied by 

such fee, and in such manner as may be 

prescribed by the Commission. 

Applications for a Wholesaler License 

shall be submitted to the Commission, 

which shall conduct any applicable 

investigation and make its 

recommendation to the Tribal Council. 

F. Suspension and Revocation of 

Liquor License or Wholesaler License. 

The Tribal Council, upon the 

recommendation of the Commission, 

may suspend or revoke any Liquor 

License or Wholesaler License issued 

under this Section on the following 

grounds: 

1. Violation of any provision of this 

Liquor Ordinance or any regulations 

promulgated hereunder or of the Liquor 

laws of the State of New Mexico; 

2. Violation of any Pueblo law; 

3. Violation of the terms, conditions, 

and scope of a Liquor License or 

Wholesaler License and/or otherwise 

Selling Liquor in violation of a Liquor 

License or Wholesaler License; 

4. Making a material misstatement on 

the application for a Liquor License or 

Wholesaler License; 

5. Being convicted, while holding a 

Liquor License or Wholesaler License, 

of a misdemeanor involving a violation 

of a Liquor law or a felony; 

6. Allowing the repeated or 

continuing occurrence of conduct that 

constitutes a nuisance or dangerous 

behavior within the Licensed Liquor 

Establishment or on its premises; 

7. Within the Licensed Liquor 

Establishment or on its premises, 

allowing the sale, possession, purchase, 

manufacture, or transfer of drug-related 

paraphernalia, prohibited drugs, or 

other controlled substances, except for 

the possession of controlled substances 

for which the person in possession has 

a valid prescription; provided that, for 

purposes of this Liquor Ordinance, 

‘‘prohibited drug’’ means any substance 

the sale, possession, purchase, 

manufacture, or transfer of which is 

prohibited by federal, state, or Pueblo 

criminal drug provisions, and which has 

not been obtained by its possessor 

pursuant to a valid prescription, and 

‘‘controlled substance’’ includes all 

prohibited drugs; and 

8. Any other good cause shown. 

G. Notice of Intent to Revoke or 

Suspend a Liquor License or 

Wholesaler License or to Impose 

Special Restrictions. The Commission 

shall provide written notice of intent to 

revoke or suspend a Liquor License or 

Wholesaler License or to impose special 

restrictions for a violation of this Liquor 

Ordinance. Such notice shall be given 

by certified mail, return receipt 

requested, to the last known address of 

the Liquor Licensee or Wholesaler 

Licensee in the Pueblo’s records. If the 

Liquor Licensee or Wholesaler Licensee 

cannot be so served with notice, the 

Liquor Licensee or Wholesaler Licensee 

may be served by publication in a 

newspaper of general circulation in the 

area once each week for two (2) 

consecutive weeks. The Liquor Licensee 

or Wholesaler Licensee shall have seven 

(7) days from the day the notice is 

delivered, or from the date of last 

publication, to show cause why the 

Liquor License or Wholesaler License 

should not be revoked or suspended or 

the special restrictions imposed. During 


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this time, the Commission shall afford 

the Liquor Licensee or Wholesaler 

Licensee an opportunity to appear and 

be heard, either in person or through a 

representative, and to submit such 

evidence as may be relevant. The 

Commission shall make its 

recommendation to the Tribal Council, 

together with its written findings in 

support of its recommendation, within 

three (3) business days after any 

hearing. The final decision of the Tribal 

Council suspending, revoking, or 

imposing special restrictions is 

appealable to the Tribal Court as 

provided in this Liquor Ordinance. 

H. Temporary Revocation or 

Suspension of a Liquor License or 

Wholesaler License Without Notice. In 

the event of an emergency and/or to 

protect the health, safety, and welfare of 

the public on the Reservation, the 

Commission may temporarily revoke or 

suspend a Liquor License or Wholesaler 

License without prior notice for a period 

not exceeding thirty (30) days. Such 

temporary suspension or revocation is 

appealable to the Tribal Court as 

provided in this Liquor Ordinance. 

IX. CERTIFIED SERVERS. 

A. Application Requirements. Every 

employee of a Liquor Licensee, twentyone (21) years of age or older, who Sells 

Liquor at a Licensed Liquor 

Establishment on the Reservation must 

be a Certified Server. An employee shall 

apply for certification on such forms, 

accompanied by such fee, and in such 

manner as may be prescribed by the 

Commission. The application for 

certification shall contain: 

1. the name and address of the 

applicant; 

2. a list of all the applicant’s jobs and 

employment for the preceding three (3) 

years; 

3. a list of all residences for the 

preceding three (3) years, including 

street address, city, and state, and dates 

of residence at each address; 

4. a signed statement that the 

applicant agrees to abide by this Liquor 

Ordinance and consents to the personal 

jurisdiction of the Pueblo and its courts 

for purposes of Liquor regulation and 

enforcement of this Liquor Ordinance; 

and 

5. evidence (i.e., certificate of 

completion) that the applicant has 

successfully completed the Liquor 

server education training program 

approved by the Tribal Council or a 

signed statement that the applicant 

agrees to take such program within 

thirty (30) days of his or her first day of 

employment and will not Sell Liquor at 

the Licensed Liquor Establishment on 

the Reservation until then. 

B. Certification Term. A Certified 

Server’s certification shall be valid for 

five (5) years from the date of his or her 

successful completion of the Liquor 

server education training program. 

C. Revocation. Upon recommendation 

of the Commission, the Tribal Council 

may revoke any certification issued 

under this Section if the Certified Server 

violates any provision of this Liquor 

Ordinance or any regulations 

promulgated hereunder, violates any 

applicable Pueblo law, makes a material 

misstatement on the application for 

certification, is convicted of a 

misdemeanor involving a violation of a 

Liquor law or a felony, or for other good 

cause shown. Such revocation is 

appealable to the Tribal Court as 

provided in this Liquor Ordinance. 

X. HAPPY HOURS. 

Subject to approval of the Tribal 

Council, the Commission may adopt a 

policy or regulations on the conduct of 

happy hours at Licensed Liquor 

Establishments wherein Liquor is Sold 

on certain occasions or at certain times 

for a price substantially lower than at 

other times. The Tribal Council also 

may request that each Licensed Liquor 

Establishment conducting Happy Hours 

establish written policies on Happy 

Hours for approval or disapproval by 

the Commission. 

XI. APPEALS TO TRIBAL COURT. 

A. Appealable Actions. Any Person 

that is denied a Liquor License or a 

Wholesaler License, or whose Liquor 

License or Wholesaler License is 

suspended, revoked, limited by special 

restrictions, or denied renewal, may 

appeal the adverse action to the Tribal 

Court. Any Person that is denied a 

certification or whose status as a 

Certified Server has been revoked may 

appeal the adverse action to the Tribal 

Court. Any Liquor Licensee wishing to 

challenge the assessed amount of the 

Liquor Excise Tax and/or interest may 

appeal the assessment to the Tribal 

Court. Except as otherwise provided, all 

appeals hereunder must be filed with 

the Tribal Court within thirty (30) days 

of the date of the adverse action or be 

forever barred. If no appeal to the Tribal 

Court is timely made as provided 

herein, an action is final and shall not 

be subject to further appeal in any 

forum or court. 

B. Rules; Stay; Bond. The procedural 

rules of the Tribal Court appropriate for 

administrative appeals or such other 

procedural rules that may be established 

by regulation to govern such appeals 

shall apply. Upon request, the Tribal 

Court in its discretion may stay a 

suspension or revocation pending an 

appeal and/or require that the appellant 

post an appeal bond in such amount as 

may be set by the Tribal Court. 

C. Decision of Tribal Court Final. All 

decisions of the Tribal Court on appeals 

under this Section are final and not 

further appealable in any forum or 

court. 

XII. LIQUOR EXCISE TAX. 

A. Tax Imposed. For the privilege of 

Selling Liquor within the Reservation, 

there is hereby levied an excise tax 

known as the ‘‘Liquor Excise Tax’’ upon 

each Sale of Liquor in whatever package 

or container. The incidence of the 

Liquor Excise Tax shall be upon all 

Liquor Licensees Selling Liquor at 

Licensed Liquor Establishments on the 

Reservation; provided that 

reimbursement for the Liquor Excise 

Tax imposed hereunder may be 

collected by the Liquor Licensee from 

the purchaser on all Sales of Liquor by 

adding the Liquor Excise Tax to the 

sales price of the Liquor Sold. 

B. Rate of Liquor Excise Tax. The 

initial rate of the Liquor Excise Tax 

shall be five percent (5%) of the Selling 

price of the Liquor; provided that the 

Tribal Council may hereafter set the rate 

of the Liquor Excise Tax by regulations. 

C. Resale Exemption. A Wholesaler 

possessing a valid Wholesaler License 

shall be exempt from imposition of the 

Liquor Excise Tax on all transactions 

involving Sales of Liquor to Liquor 

Licensees on the Reservation for resale 

at Licensed Liquor Establishments on 

the Reservation. 

D. Monthly Report and Remittance. 

All Liquor Excise Taxes levied are due 

and payable by Liquor Licensees on or 

before the twenty-fifth (25th) day of the 

calendar month immediately following 

the month in which the Liquor Excise 

Taxes accrue. Every Liquor Licensee 

subject to the Liquor Excise Tax shall 

complete and file with the Tribal 

Comptroller and the Tax Commission a 

return for the preceding tax period on a 

form prescribed and furnished by the 

Tribal Comptroller or Tax Commission, 

setting forth such information as 

required. The return shall be 

accompanied by a remittance of the 

amount of the Liquor Excise Tax due. 

The return shall be signed by the Liquor 

Licensee, as the taxpayer, or an 

authorized agent of the Liquor Licensee. 

E. Retention of Invoices and Records; 

Inspection. Every Liquor Licensee shall 

maintain file copies of all the invoices 

under which the Liquor Licensee 

purchased Liquor for at least five (5) 

years from the end of the year following 

the Liquor Licensee’s purchase date. 

Every Liquor Licensee also shall 

maintain file copies of all the invoices 


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under which the Liquor Licensee Sold 

Liquor for at least five (5) years from the 

end of the year following the end of the 

year in which the Sale was made. All 

invoices required to be kept under this 

Section may be inspected by the Tax 

Commission and the Commission, along 

with any stock of Liquor in the 

possession of the Liquor Licensee, and 

the Tax Commission or the Commission 

may contact any Wholesaler to verify 

quantities of Liquor sold and delivered 

to any Liquor Licensee. 

F. Use of Tax Revenues. The Pueblo 

shall use revenues from the Liquor 

Excise Tax for the benefit of the 

Reservation and Pueblo community. In 

appropriating these tax revenues, the 

Tribal Council shall give priority to: 

1. Strengthening the Pueblo’s 

government, including but not limited 

to improving its justice system to 

enforce this Liquor Ordinance; 

2. Improving the Pueblo’s health, 

education, and other social services 

programs; 

3. Developing and enhancing alcohol 

and drug abuse prevention activities 

and community services that relate 

specifically to the needs of the Pueblo, 

its members, and the entire Reservation 

populace; and 

4. Funding the stipends to be paid to 

the Commissioners. 

G. Imposition of Interest on Taxes. 

All Liquor Excise Taxes, fees, or other 

charges not paid when due shall bear 

interest from the date such Liquor 

Excise Taxes, fees, or charges become 

due until the date paid. Interest shall be 

imposed on any unpaid amount from 

the date the payment was due, without 

regard to any extension of time or stay 

of payment, to the date payment is 

received. The annual rates of interest 

shall be as follows until otherwise 

established in regulations: 

1. Interest due to the Pueblo shall be 

computed at the rate of one and one-half 

percent (1.5%) per month, or any 

fraction of the month, from the last day 

of the month following the period for 

which the amount or any portion of it 

should have been returned until the 

date of payment. 

2. Notwithstanding the above, if 

demand is made for the payment of any 

Liquor Excise Tax, and if such amount 

is paid within ten (10) days after the 

date of such demand, no interest on the 

Liquor Excise Tax so paid shall be 

imposed for the period after the date of 

demand. 

H. Other Costs and Penalties. The Tax 

Commission may charge administrative 

costs and expenses incurred by it in 

collecting the Liquor Excise Tax from 

Liquor Licensees that fail to pay the tax 

when due. 

I. Appeals. Any Person upon whom 

tax and/or interest has been assessed 

under this Article may appeal the 

accuracy and amount of the assessment 

to the Tribal Court. All such appeals 

shall be filed with the Tribal Court 

within three (3) months of the 

assessment. Tax assessments being 

appealed shall be paid under protest 

pending the appeal and shall be 

deposited into an interest-bearing 

account pending such appeal. 

XIII. ENFORCEMENT. 

A. Civil Liability. Subject to the 

approval of the Tribal Council, the 

Commission may bring a civil action in 

the Tribal Court in the name of the 

Pueblo against any Person engaged in an 

activity or activities prohibited herein 

and may recover a civil fine not 

exceeding five thousand dollars 

($5,000.00) per violation, attorneys’ fees, 

injunctive relief, and/or any other relief 

that is just and equitable under the 

circumstances from the Tribal Court, 

including but not limited to orders for 

the offending Person: 

1. to perform up to one hundred and 

twenty (120) hours of community 

service on the Reservation; 

2. to make restitution for the cost of 

any damages; and/or 

3. to return to the Pueblo any 

monetary benefit derived from engaging 

in the activities prohibited by this 

Liquor Ordinance. 

B. Order of Exclusion. 

1. For good and sufficient cause 

found, the Tribal Court may refer to the 

Tribal Council for exclusion 

proceedings under traditional Pueblo 

law any Indian Person who engages in 

an activity or activities prohibited by 

this Liquor Ordinance. 

2. For good and sufficient cause 

found, the Tribal Court may include 

within an injunctive order under 

Subsection A an order barring a Person 

from entering or remaining on the 

Reservation. 

C. Limitations. 

1. Notwithstanding any other 

provision of this Liquor Ordinance, no 

penalty may be imposed pursuant or 

related to this Liquor Ordinance in 

contravention of any limitation imposed 

by the Indian Civil Rights Act of 1968, 

82 Stat. 77, 25 U.S.C. § 1301 et seq., or 

other applicable Federal law. 

2. Nothing in this Liquor Ordinance 

shall be construed to authorize the 

criminal trial or punishment by the 

Tribal Court of any non-Indian except to 

the extent allowed under Federal law. 

When any provision of this Liquor 

Ordinance is violated by a non-Indian, 

the Pueblo shall cause the non-Indian to 

be referred to State and/or Federal 

authorities for criminal investigation 

and possible prosecution under 

applicable law. It is the intent of the 

Pueblo that any non-Indian referred to 

State and/or Federal authorities be 

criminally prosecuted to the full extent 

of applicable State and/or Federal 

criminal law. 

3. Nothing in this Liquor Ordinance, 

including but not limited to any civil or 

criminal trial or punishment by the 

Tribal Court or Tribal Council of any 

Indian or non-Indian authorized 

hereunder, shall be construed to bar a 

similar trial or punishment to the full 

extent of any applicable State and/or 

Federal civil or criminal law. 

D. Surrender of Liquor. Any Person 

suspected of having violated any 

provision of this Liquor Ordinance 

shall, in addition to any other civil 

penalty imposed hereunder, be required 

to surrender any Liquor in such Person’s 

possession to the Commission or to the 

Pueblo or federal law enforcement 

officer making the arrest or issuing the 

complaint, as applicable. 

E. Inspection of Licensed Liquor 

Establishment Premises. 

1. All premises used in the storage or 

sale of Liquor or any premises or parts 

of premises used or in any way 

connected, physically or otherwise, 

with a Licensed Liquor Establishment, 

shall at all times be open to inspection 

by any Pueblo or federal inspectors or 

Pueblo or federal law enforcement 

officers, including but not limited to 

Commission staff. 

2. Every Person, being on such 

premises and having charge thereof, 

who refuses or fails to admit a Pueblo 

or Federal inspector or Pueblo or 

Federal law enforcement officer 

demanding to enter therein in 

pursuance of this Section in the 

execution of his or her duty, or who 

obstructs or attempts to obstruct the 

entry of such inspector or officer, shall 

thereby be deemed to have violated this 

Liquor Ordinance. 

XIV. TRANSPORTATION THROUGH 

RESERVATION. 

Nothing in this Liquor Ordinance 

shall apply to the otherwise lawful 

transportation of Liquor through the 

Pueblo by Persons remaining on public 

highways or other paved facilities for 

motor vehicles and where such Liquor 

is not Sold, or offered for Sale within 

the Reservation. 

XV. TRIBAL COUNCIL PLAN TO 

ASSURE PUBLIC SAFETY. 

Before the Tribal Council issues any 

Liquor License pursuant to this Liquor 

Ordinance, the Commission shall 

develop and submit to the Tribal 


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Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 47221 

Council for adoption a Plan setting forth 

procedures for the assurance of police, 

fire, rescue, and other governmental 

services necessary to assure the safety of 

the public in connection with the Sale 

and Service of Liquor on the 

Reservation. No Liquor License may be 

issued until the Tribal Council has 

adopted the Plan required by this 

Section. 

XVI. SOVEREIGN IMMUNITY. 

Nothing in this Liquor Ordinance is 

intended nor shall be construed as a 

waiver of the sovereign immunity of the 

Pueblo, provided, however, that the 

Pueblo waives its immunity to the sole 

and limited extent necessary to permit 

Persons to exercise any appeal to the 

Tribal Court as permitted by this Liquor 

Ordinance. No employee, officer, or 

agent of the Pueblo shall be authorized, 

nor shall he or she attempt, to waive the 

immunity of the Pueblo. 

XVII. JURISDICTION; CONFLICTS 

WITH OTHER LAWS. 

A. Jurisdiction. Subject to Article 

XII(C), any and all actions pertaining to 

alleged violations of this Liquor 

Ordinance, or appealing any action of 

the Pueblo or any officer, employee, or 

agent of the Pueblo with respect to any 

matter addressed by or arising under 

this Liquor Ordinance, shall be brought 

in the Tribal Court, which Court shall 

have exclusive jurisdiction consistent 

with the inherent sovereignty and 

immunity of the Pueblo and applicable 

Pueblo and Federal law. 

B. Conflicts with Other Laws. If this 

Liquor Ordinance is determined to 

conflict with any other Pueblo law of 

general application, this Liquor 

Ordinance shall control. 

XVIII. SEVERABILITY. 

If any provision of this Liquor 

Ordinance or the application of any 

provision to any Person or circumstance 

is held invalid or unenforceable by the 

Tribal Court, such holding shall not 

invalidate or render unenforceable the 

remainder of this Liquor Ordinance and 

its application to any other Person or 

circumstances and, to this end, the 

provisions of this Liquor Ordinance are 

severable. 

XIX. EFFECTIVE DATE. 

This Liquor Ordinance shall be 

effective on such date as the Secretary 

of the Interior certifies this Liquor 

Ordinance and publishes the same in 

the Federal Register. 

XX. AMENDMENT. 

This Liquor Ordinance may be 

amended by a resolution adopted by a 

majority vote of the Tribal Council. No 

such amendment shall take effect until 

certified by the Secretary of the Interior 

and published in the Federal Register. 

[FR Doc. E8–18770 Filed 8–12–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[AK–910–08–1739–NSSI] 

Notice of Public Meeting, North Slope 

Science Initiative, Science Technical 

Advisory Panel 

AGENCY: Bureau of Land Management, 

Alaska State Office, North Slope Science 

Initiative, Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act (FLPMA) and the Federal Advisory 

Committee Act of 1972 (FACA), the U.S. 

Department of the Interior, North Slope 

Science Initiative (NSSI) Science 

Technical Advisory Panel (STAP), will 

meet as indicated below. 

DATES: The meeting will be held 

September 18 and 19, 2008, at the 

National Park Service Office, 4175 Geist 

Road, Fairbanks, Alaska. The September 

18 meeting will begin at 9 a.m., with a 

one-hour public comment beginning at 

3 p.m. The September 19 meeting will 

begin at 9 a.m. and adjourn at 12:20 

p.m. 

FOR FURTHER INFORMATION CONTACT: John 

F. Payne, PhD, Executive Director, 

North Slope Science Initiative (910), 

c/o Bureau of Land Management, 222 

W. Seventh Avenue, #13, Anchorage, 

Alaska 99513. Telephone (907) 271–

3131 or e-mail jpayne@ak.blm.gov. 

SUPPLEMENTARY INFORMATION: The North 

Slope Science Initiative, Science 

Technical Advisory Panel provides 

advice and recommendations to the 

North Slope Science Initiative Oversight 

Group regarding priority needs for 

management decisions across the North 

Slope of Alaska. These priority needs 

may include recommendations on 

inventory, monitoring and research 

activities that contribute to informed 

land management decisions. At this 

meeting, discussion topics will include: 

• Report by Science Technical 

Advisory Panel Chair on committee 

activities 

• Development of emerging issues 

• Coordination with senior NSSI 

agency staff on emerging issues 

• Subcommittee reports 

• Other topics the Oversight Group or 

Science Technical Advisory Panel may 

raise 

All meetings are open to the public. 

Depending on the number of people 

wishing to comment and time available, 

the time for individual oral comments 

may be limited, so be prepared to 

submit written comments if necessary. 

You may present written comments to 

the Science Technical Advisory Panel 

through the Executive Director, North 

Slope Science Initiative. Before 

including your address, phone number, 

e-mail address, or other personal 

identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Individuals who plan to attend and 

need special assistance, such as sign 

language interpretation, transportation, 

or other reasonable accommodations, 

should contact the Executive Director, 

North Slope Science Initiative. 

Dated: August 6, 2008. 

Thomas P. Lonnie, 

Alaska State Director. 

[FR Doc. E8–18715 Filed 8–12–08; 8:45 am] 

BILLING CODE 4310–JA–P 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

Outer Continental Shelf (OCS), Alaska 

OCS Region, North Aleutian Basin, 

Proposed Oil and Gas Lease Sale 214 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Notice of scoping meetings and 

extension of scoping period to prepare 

an Environmental Impact Statement 

(EIS). 

SUMMARY: As part of the National 

Environmental Policy Act (NEPA) 

scoping process for the EIS on the 

proposed North Aleutian Basin OCS Oil 

and Gas Lease Sale 214, MMS has 

scheduled seven scoping meetings for 

August and September of 2008 to 

provide opportunity for public 

participation in the scoping process 

from communities within the vicinity of 

the North Aleutian Basin Planning Area. 

In addition, the MMS is announcing an 

extension of the deadline for submission 

of written scoping comments along with 

this public scoping meeting schedule. 


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