47212 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Notices 

B. Misrepresentation of age by a 

minor is a violation and subject to the 

provisions of Title Three, Chapter 4 

(Juvenile Offender Procedure). 

TITLE FOUR, CHAPTER 6, 

GOVERNING CONTRABAND. 

SECTION FOUR.6.2 DECLARATION 

OF CONTRABAND. 

The following things and substances 

are hereby declared to be contraband 

and their manufacture, possession, sale, 

or use within the Annette Islands 

Reserve is hereby declared to be illegal: 

A. Electronic decoder for radio 

messages. 

B. Electronic radar detector. 

C. Any other electronic device used to 

detect or interfere with any 

electromagnetic signal generated by the 

Metlakatla Police Department in its law 

enforcement activities or by any other 

governmental or law enforcement 

agency authorized to operate on the 

Annette Islands Reserve. 

D. Marijuana or any other dangerous 

drug or narcotic the use or possession of 

which violates the Law & Order Code of 

the Metlakatla Indian Community or 

any Federal law relating to controlled 

substances, unless such use or 

possession is legal under the laws of the 

State of Alaska and is solely for medical 

purposes. 

E. Any device, substance, airplane, 

boat, including fishing vessels, motor 

vehicle, or thing of any kind whatsoever 

used in connection with violating the 

Law & Order Code of the Metlakatla 

Indian Community, including all 

ordinances or any resolutions and 

orders of the Metlakatla Indian 

Community Council or the Magistrate’s 

Court of the Metlakatla Indian 

Community. 

F. The species of dog known as a Pit 

Bull or Pit Bull Terrier or other vicious 

animal. 

G. Firearms of destructive devices 

possessed in violation of Section 

Four.5.2. 

[FR Doc. E8–18771 Filed 8–12–08; 8:45 am] 

BILLING CODE 4310–4J–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Pueblo of Isleta Liquor Sales 

Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Amended and Restated Pueblo of Isleta 

Liquor Sales Ordinance. The amended 

Ordinance regulates and controls the 

possession, sale and consumption of 

liquor within the Pueblo of Isleta lands. 

The Pueblo of Isleta is located on trust 

land and this amended Ordinance 

allows for the possession and sale of 

alcoholic beverages within the exterior 

boundaries of the Pueblo of Isleta. This 

amended Ordinance will increase the 

ability of the tribal government to 

control the distribution and possession 

of liquor within their reservation and at 

the same time will provide an important 

source of revenue and strengthening of 

the tribal government and the delivery 

of tribal services. 

DATES: Effective Date: This Ordinance is 

effective as of September 12, 2008. 

FOR FURTHER INFORMATION CONTACT: Iris 

A. Drew, Division of Tribal Government, 

Office of Indian Services, 1001 Indian 

School Road, Albuquerque, New Mexico 

87104; Telephone (505) 563–3530; Fax 

(505) 563–3060; or Elizabeth 

Colliflower, Office of Indian Services, 

1849 C Street, NW., Mail Stop 4513–

MIB, Washington, DC 20240; Telephone 

(202) 513–7627; Fax (202) 208–5113. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Act of August 15, 1953; Public 

Law 83–277, 67 Stat. 586, 18 U.S.C. 

1161, as interpreted by the Supreme 

Court in Rice v. Rehner, 463 U.S. 713 

(1983), the Secretary of the Interior shall 

certify and publish in the Federal 

Register, notice of adopted liquor 

ordinances for the purpose of regulating 

liquor transactions in Indian Country. 

The Tribal Council of the Pueblo of 

Isleta adopted this amended Liquor 

Sales Ordinance on October 4, 2007. 

The purpose of this amended Ordinance 

is to govern the sale, possession and 

distribution of alcohol within the lands 

held by the Pueblo of Isleta. This notice 

is published in accordance with the 

authority delegated by the Secretary of 

the Interior to the Assistant Secretary—

Indian Affairs. I approve this ordinance 

and certify that this Amended and 

Restated Liquor Sales Ordinance of the 

Pueblo of Isleta was duly adopted by the 

Tribal Council on October 4, 2007. 

Dated: July 31, 2008. 

George T. Skibine, 

Acting Deputy Assistant Secretary for Policy 

and Economic Development. 

The Pueblo of Isleta’s Amended and 

restated Liquor Sales Ordinance reads as 

follows: 

PUEBLO OF ISLETA 

LIQUOR SALES ORDIANCE 

(Current as of October 4, 2007) 

Be it ordained and enacted by the 

Pueblo of Isleta as follows: 

Section 1. Introduction. 

A. Title. The title of this ordinance 

shall be the Liquor Sales Ordinance of 

the Pueblo of Isleta. 

B. Authority. This ordinance is being 

passed and enacted in accordance with 

the inherent governmental powers of the 

Pueblo of Isleta, a federally recognized 

tribe of Indians, and specifically under 

Article V, Section 2(e) of the Pueblo of 

Isleta Constitution, and in conformance 

with the laws of the State of New 

Mexico, as required by 18 U.S.C. 

Section 1161. 

C. Purpose. The purpose of this 

ordinance is to regulate the sale of 

Intoxicating Beverages (as herein 

defined) within the exterior boundaries 

of the Pueblo of Isleta. 

Section 2. Definitions. 

‘‘Enterprise’’ means a Person engaged 

in, or desiring to engage in, the business 

of selling Intoxicating Beverages. 

‘‘Governor’’ means the Governor of 

the Pueblo of Isleta or his designee. 

‘‘Intoxicated Person’’ means a person 

whose mental or physical functioning is 

substantially impaired as a result of the 

use of alcohol or drugs. 

‘‘Intoxicating Beverage’’ includes the 

four varieties of liquor commonly 

referred to as alcohol, spirits, wine, and 

beer, and all fermented, spirituous, 

vinous, or malt liquor, or combinations 

thereof, and mixed liquor, a part of 

which is fermented, spirituous, vinous, 

or malt liquor, or otherwise intoxicating, 

and every liquid or solid or semisolid or 

other substance, patented or not, 

containing alcohol, spirits, wine, or 

beer, excluding any prescription or 

over-the-counter medicine, any product 

not fit for human consumption and 

wine used for sacramental purposes. 

‘‘License’’ means a license or 

authorization by the Tribal Council for 

an Enterprise to sell Intoxicating 

Beverages at a designated location. 

‘‘Licensed Establishment’’ means (1) a 

physical area of Pueblo of Isleta tribal 

land, excluding lands which have been 

assigned to an individual tribal member, 

or (2) a certain space or area within a 

building on Pueblo of Isleta tribal lands 

(which have not been assigned to an 

individual tribal member), designated 

by the Pueblo of Isleta Tribal Council as 

a place where Intoxicating Beverages 

can be sold. A Licensed Establishment 

may be a designated area, such as golf 

course or an amphitheater. 

‘‘Licensee’’ means an Enterprise 

which holds a Pueblo of Isleta Liquor 

License and is authorized by the Tribal 

Council to sell and serve Intoxicating 

Beverages in a Licensed Establishment. 

‘‘Minor’’ means any person under the 

age of twenty-one (21) years. 


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‘‘Permitted Server’’ means any 

individual who is an owner or employee 

of a Licensee and who is authorized to 

sell, serve, or dispense Intoxicating 

Beverages under such rules and 

regulations as the Pueblo may adopt. A 

Permitted Server may not be a Minor. 

‘‘Person’’ means an individual, 

corporation, limited liability company, 

partnership, joint venture, association, 

trust unincorporated organization or 

business, government, Indian Tribe 

(including the Pueblo and its 

Enterprises), or any agency, 

instrumentality, or subdivision thereof. 

‘‘Pueblo’’ means the Pueblo of Isleta, 

a federally-recognized tribe of Indians, 

located within the exterior boundaries 

of the State of New Mexico. 

‘‘Server Permit’’ means a permit to 

serve Intoxicating Beverages issued to a 

Permitted Server. 

‘‘Tribal Council’’ means the Pueblo of 

Isleta Tribal Council. 

Section 3. General. 

The sale of Intoxicating Beverages 

shall be lawful within the exterior 

boundaries of the Pueblo of Isleta and 

on all other lands of the Pueblo over 

which the Pueblo has jurisdiction 

provided that such sale is made in 

conformance with the laws of the State 

of New Mexico, to the extent applicable, 

and is authorized by this Ordinance. 

Section 4. Sales Allowed. 

A. Sales of Intoxicating Beverages on 

Pueblo lands are authorized only if the 

sale occurs in a Licensed Establishment 

owned or operated by a Licensee. 

B. Sales of Intoxicating Beverages at a 

Licensed Establishment may be made 

only by a Permitted Server. 

C. No sale of Intoxicating Beverages 

shall be made to a person under the age 

of twenty-one (21). 

Section 5. Licenses. 

A. Licensees. 

1. An Enterprise owned or controlled 

by the Pueblo which is expressly 

authorized by the Tribal Council to sell 

and serve Intoxicating Beverages shall 

be deemed to be a Licensee without 

further application. 

2. Any other Enterprise which seeks 

to sell and serve Intoxicating Beverages 

shall apply for a License on such form 

and pursuant to such rules and 

regulations as the Pueblo may adopt. 

The application shall be submitted to 

the Governor and the Tribal Council, 

accompanied by the applicable fee as 

established from time to time by the 

Pueblo, and must contain, among other 

matter, the following information: 

(a) The name and address of the 

Enterprise and, if applicable, the state in 

which it was incorporated or organized, 

and a certified copy of its articles of 

incorporation or organization; 

(b) the names and addresses of all 

officers of the Enterprise and of all 

Persons owning a five percent (5%) or 

greater interest in the Enterprise: 

(c) a list of every liquor license or 

permit, by number and state or Indian 

tribe, in which the Enterprise or any 

predecessor-in-interest has, or within 

the part ten (10) years had, directly or 

indirectly owned or held any interest; 

(d) for every natural person identified 

in paragraph (b), two (2) complete sets 

of fingerprints and detail with respect to 

past criminal activity, including 

conviction for any felony, conviction for 

any misdemeanors, and conviction for a 

violation of any Federal or State liquor 

control law at any time, except that 

traffic offenses need not be listed; 

(e) detail as to whether any Person 

identified in paragraph (b) either (i) ever 

applied for a liquor license or permit 

from any governmental entity, which 

was denied, and the reasons for such 

denial, or (ii) held a liquor license or 

permit which was revoked, and the 

reasons for such revocation; and 

(f) evidence of financial 

responsibility. 

3. Licenses shall be issued for a 

period not to exceed one (1) year, and 

may be renewable in the discretion of 

the Pueblo upon the submission of a 

properly completed renewal 

application, accompanied by the 

applicable license renewal fee, as 

established from time to time by the 

Pueblo. 

B. Permitted Servers: 

1. Any individual, including an 

individual employed by the Pueblo, 

who seeks to become a Permitted 

Server, shall apply for a Server Permit 

on such form and pursuant to such rules 

and regulations as the Pueblo may 

adopt. The application shall be 

submitted to the Governor and must 

contain, among other matters, the 

following information: 

(a) The name and address of the 

applicant; 

(b) a list of all jobs, businesses, and 

other employment for the immediately 

preceding five (5) years; 

(c) a listing of all residence for the 

immediately preceding five (5) years, 

including street address, city, and State, 

and dates of residence at each different 

location; 

(d) the information required under 

subsection A.2(c), (d) and (e) above; 

(e) evidence that the individual has 

taken the requisite alcohol server 

training program as may be required of 

individuals selling Intoxicating 

Beverages under the laws of the State of 

New Mexico, or agrees to take such 

course within thirty (3) days of his or 

her employment. 

2. Server Permits, unless sooner 

revoked, shall be issued for a period of 

up to five (5) years from the date that 

the Permitted Server has completed an 

alcohol server training program. 

C. Fingerprint Procedures. 

1. The Pueblo may require two sets of 

fingerprints from any or all of the 

individuals identified in subsections 

5.A and 5.B above. 

2. All applicants to become Licensees 

and any other individual required to 

submit fingerprints hereunder must 

consent that the fingerprints may be 

processed by local and National law 

enforcement agencies and all other 

available agencies. If the search, by 

virtue of the fingerprint submission, 

reveals any adverse information which 

was not shown on the application, the 

individual concerned will be given an 

opportunity to explain the circumstance 

of such omission or challenge the 

authenticity of the revealed information. 

3. Any cost associated with supplying 

the complete sets of fingerprints and the 

investigation thereafter will be borne 

exclusively by the Licensee or Permitted 

Server applicant. 

Section 6. Licensed Establishments. 

A. Sales and serving of Intoxicating 

Beverages may occur only in a Licensed 

Establishment. 

B. Each Licensed Establishment shall 

be identified by a map showing its 

location and the perimeters of the land 

and/or building, or portion thereof, 

together with a general description of 

the premises, which map and 

description shall be filed with the 

Pueblo. A parcel of land not containing 

a building, so long as the perimeters 

thereof are defined, may be a Licensed 

Establishment including, but not limited 

to, areas within a golf course (including 

adjacent facilities utilized in connection 

with the golf course complex), an 

amphitheater, or an area(s) adjacent to 

the Isleta Casino & Resort complex (such 

as outdoor cafes and special event 

tents). 

C. An Enterprise which is not owned 

or controlled by the Pueblo must apply 

to the Tribal Council for a License to 

operate a Licensed Establishment on 

such form and in such a manner as the 

Pueblo may prescribe. The premises 

upon which the Enterprise applies to 

operate shall not be deemed a Licensed 

Establishment unless and until such 

License is granted. 

D. An Enterprise which is owned or 

controlled by the Pueblo and which has 


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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 


ebenthall on PRODPC60 with NOTICES