80 FR 43110 - Pueblo of San Ildefonso-Pueblo de San Ildefonso Liquor Control Act of 2015
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs Federal Register Volume 80, Issue 139 (July 21, 2015)
Bureau of Indian Affairs
Federal Register Volume 80, Issue 139 (July 21, 2015)
| Page Range | 43110-43112 | |
| FR Document | 2015-17887 |
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)] [Notices] [Pages 43110-43112] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-17887] ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [156A2100DD/AAKC001030/A0A501010.999900 253G] Pueblo of San Ildefonso--Pueblo de San Ildefonso Liquor Control Act of 2015 AGENCY: Bureau of Indian Affairs, Interior. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: This notice publishes the Pueblo of San Ildefonso--Pueblo de San Ildefonso Liquor Control Act of 2015. This codification repeals and replaces the existing Pueblo of San Ildefonso Ordinance Legalizing the Introduction, Possession, and Sale of Intoxicants, enacted by the Ildefonso Pueblo Council, which was published in the Federal Register on January 22, 1976 (41 FR 3326). DATES: Effective Date: This amended code shall become effective 30 days after July 21, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mattingly, Tribal Government Officer, Southwest Regional Office, Bureau of Indian Affairs, 1011 Indian School Road NW., Suite 254, Albuquerque, NM 87104; Telephone: (505) 563-3446; Fax: (505) 563-3101, or Ms. Laurel Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513- 7641. 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 Pueblo of San Ildefonso Tribal Council duly adopted the Pueblo de San Ildefonso Liquor Control Act of 2015 by Resolution No. SI-R15-004 on March 29, 2015. This Federal Register notice supersedes the Pueblo of San Ildefonso Ordinance Legalizing the Introduction, Possession, and Sale of Intoxicants, enacted by the Ildefonso Pueblo Council, which was published in the Federal Register on January 22, 1976 (41 FR 3326). This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Assistant Secretary--Indian Affairs. I certify that the Tribal Council of the Pueblo of San Ildefonso duly adopted the Pueblo de San Ildefonso Liquor Control Act of 2015 by Resolution No. SI-R15-004 on March 29, 2015. Dated: July 14, 2015. Kevin K. Washburn, Assistant Secretary--Indian Affairs. The Pueblo of San Ildefonso--Pueblo de San Ildefonso Liquor Control Act of 2015 Liquor Control Act of 2015 shall read as follows: Chapter 1. Administration Section 1.1 Title. This act shall be known as the Pueblo de San Ildefonso Liquor Control Act. Section 1.2 Purpose. The purpose of the Pueblo de San Ildefonso Liquor Control Act is to regulate and control the sale, possession and consumption of liquor within the Pueblo de San Ildefonso lands for the public health, safety and welfare. Section 1.3 Authority. The Pueblo has enacted this Liquor Control Act in exercise of its inherent governmental authority over its lands and activities occurring thereon and in accordance with its governing Agreement, The Government, Section 5. Authority. This Liquor Act is in conformance with the laws of New Mexico, as required by Federal law and 18 U.S.C. 1161. Section 1.4 Definitions. As used in this Act, the following terms shall apply: A. ``Alcohol'' or ``Liquor'' 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 liquor or solid or semisolid or other substance, patented or not, containing alcohol, spirits, wine, or beer. B. ``Council'' means the Pueblo de San Ildefonso Tribal Council. C. ``Governor'' means the Governor of the Pueblo de San Ildefonso, or his or her designee. D. ``Licensed premises'' means the location within Pueblo lands at which a licensee is permitted to sell and allow the consumption of liquor. Includes such buildings and surrounding land as designated in the liquor license. E. ``Licensee'' means a person who has been issued tribal liquor license by the Pueblo, to sell liquor on the licensed premises under the provisions of this Act. F. ``Minor'' means any person under the age of twenty-one (21) years. G. ``Package sale'' means any sale of liquor in a container or containers filled or packed by a manufacturer or wine bottler and sold by a liquor licenses in an unbroken package for consumption off the licensed liquor establishment premises, and not for resale. H. ``Person'' means any individual, business, or other legal entity, and includes the Pueblo and its wholly owned commercial entities. I. ``Pueblo'' means the Pueblo de San Ildefonso, a federally recognized Tribe of Indians. J. ``Public place'' means any location or premises on Pueblo lands to which the general public has unrestricted access. K. ``Pueblo de San Ildefonso lands'' means all lands within the exterior boundaries of the Pueblo de San Ildefonso, including rights- of-way, lands owned by or for the benefit of the Pueblo, tribally purchased lands, and lands that may be leased by the Pueblo de San Ildefonso. Also referred to as ``Pueblo Lands.'' L. ``Sale'' or ``sales'' means the exchange, barter, donation, selling, supplying, or distribution of liquor. M. ``Server'' means a person who sells, serves or dispenses liquor for consumption on or off licensed premises, and includes persons who manage, direct or control the sale or service of liquor. N. ``Tribal Court'' means the trial court of the Pueblo. Section 1.5 Tribal Liquor License. A. Every person who sells liquor on Pueblo lands must hold a tribal liquor license issued by the Pueblo for each location on Pueblo Lands where liquor is sold. B. A liquor license shall not be transferred, sold or assigned and is only valid for the licensed premises identified on the License. C. A liquor license shall designate whether the licensed premises is [[Page 43111]] permitted to have package sales and/or by the drink. D. The Pueblo in its discretion may place terms, conditions, and/or restrictions on the sale of liquor at licensed premises, including, but not limited to, the hours and days of operation and the type of liquor sold. E. The term of a liquor license shall be two (2) years. F. All persons issued a Liquor License shall: (1) Prominently display the license in the business location; (2) be responsible for the sale of liquor on Pueblo Lands by their business, and for the conduct of his or her officers, agents, and employees in relation to the sale of liquor; (3) ensure that all servers have successfully completed, within the past three (3) years, an alcohol server education program and examination approved by the director of the New Mexico Alcohol and Gaming Division. (4) ensure all handling, stocking, and sale of liquor shall be made by persons twenty-one (21) years of age or older. Proof of age must be shown by a current and valid state driver's license, tribal identification card, or other government issued identification that contains birth date and photo of the holder of the license or identification. G. Any person licensed to sell liquor within the Pueblo shall obtain general public liability insurance insuring the licensee and the Pueblo against any claims, losses or liability whatsoever for any acts or omissions of the licensee or business invitee on the licensed premises resulting in injury, loss or damage to any other party, with coverage limits in the amount not less than $1,000,000 (one million dollars) per occurrence. H. The Pueblo has the authority to suspend, revoke or terminate a Tribal liquor license for any violations arising from this Act or other Pueblo Criminal and Civil Code violations. Chapter 2. Sale of Liquor; Restricted Areas Section 2.1 Sales Limited. Sales of liquor are allowed at the following locations only: A. The Pueblo's convenience stores. Section 2.2 Sales for Personal Use; Resale Prohibited. All sales allowed by this Act shall be for personal use of the individual purchaser. Such sales for personal non-commercial use must be in package form or by the drink. Resale of any liquor by a person not licensed under this Act is prohibited. Section 2.3 Right to Refuse Sale. Any person authorized to sell liquor within the Pueblo shall have the authority to refuse to sell liquor to any person unable to produce proof of age and identity, or to any person who appears intoxicated. Section 2.4 Acceptable Proof of Age for Purchase. If there is a question of a Person's age to purchase liquor, such person shall be required to present any one of the following identification cards which shows his or her correct age and bears his or her signature and photograph: A. A driver's license of any state or identification card issued by any state department of motor vehicles; B. United States active duty military ID; C. A passport; D. An official identification or tribal membership card issued by a federally recognized tribe. Section 2.5 Liquor in Undesignated Areas. The sale and possession of liquor in areas of the Pueblo Lands which are not designated or licensed for the sale and possession of liquor pursuant to this Act is prohibited. A. This prohibition does not pertain to the otherwise lawful transportation of liquor through Pueblo de San Ildefonso lands by persons remaining upon public highways or other areas paved for motor vehicles and where such liquor is not delivered, sold or offered for sale to anyone within Pueblo Lands. B. This prohibition does not pertain to liquor wholesalers selling, transporting or delivering liquor to a person licensed by the Pueblo to sell liquor, or to a location designated for the sale of liquor. Chapter 3. Offenses, Enforcement and Penalties Section 3.1 Offenses. Any person who violates this Act is subject to a civil penalty, at a minimum. Offenses include, but are not limited to, the following: A. No person under the age of twenty-one (21) shall consume, purchase, attempt to purchase, or have in his or her possession any liquor. Any person violating this section shall be guilty of a separate violation of this Act for each container acquired, bought or possessed. B. Any person who sells, provides, or attempts to sell or provide any liquor to any person under the age of twenty-one (21) shall be guilty of violation of this Act for each sale or drink provided. C. Any person who transfers in any manner an identification of age to a minor for purposes of permitting such minor to obtain liquor shall be guilty of a violation of this Act. D. Any person who attempts to purchase liquor through the use of a false or altered identification shall be guilty of a violation of this Act. E. It shall be a violation of this Act for any person within Pueblo Lands to buy liquor from any person other than those properly authorized and licensed by the Pueblo and in compliance with this Act. F. It shall be a violation of this Act for any person within Pueblo Lands to sell liquor without a license. G. It shall be a violation of this Act for any person licensed by this Act to sell liquor off of the licensed premises. H. Any person who is not licensed pursuant to this Act who purchases liquor on Pueblo Lands and resells it, whether in the original container or not, shall be guilty of a violation of this Act. I. It shall be a violation of this Act for any person to sell liquor to a person who is visibly intoxicated or appears to be intoxicated. J. It shall be a violation of this Act for any person to sell or possess any liquor in any area of the Pueblo's lands which is not designated or licensed for the sale and possession of liquor pursuant to this Act. K. Any person who violates any other provision of this Act shall be guilty of a violation of this Act. Section 3.2 Enforcement Powers and Authorities. The Governor, or his or her designee, shall have the following powers and authorities for the enforcement of this Act: A. To adopt rules, regulations or polices necessary to carry out the intent of this Act to regulate and control the sale, possession and consumption of liquor. B. To inspect all licensed premises on which liquor is sold, consumed, possessed or distributed at all reasonable times for the purposes of ascertaining whether the requirements of this Act and any rules or regulations promulgated under this Act are being met and adhered to. C. To work with the Tribal Prosecutor or Law Enforcement Officer to bring proceedings in Tribal Court to enforce this Act, and any related rules or regulations, as necessary. D. To suspend, revoke or terminate a liquor license for any violations arising from this Act or other Pueblo Criminal and Civil Code violations. Section 3.3 Civil Penalty. Any person, purchasing, possessing, selling, delivering, bartering, or manufacturing liquor products in violation of any part of this Act, or of any rule or regulation adopted pursuant to this Act, shall be subject to a civil assessment of not more than five thousand dollars ($5,000) for each violation. Section 3.4 Criminal Penalty. In addition to civil penalties, a person may [[Page 43112]] be subject to criminal prosecution by the Pueblo for the purchasing, possessing, selling, delivering, bartering, or manufacturing liquor products in violation of any part of this Act, or of any rule or regulation adopted pursuant to this Act. Section 3.5 Exclusion. For good and sufficient cause found, the Tribal Court may exclude from the Pueblo Lands any person who engages in an activity or activities prohibited by this Act to the extend such exclusion is not inconsistent with Pueblo law. Section 3.6 Contraband. Any liquor that is possessed contrary to the terms of this Act are declared to be contraband. Any tribal agent, employee or officer who is authorized by the Governor to enforce this Act shall have the authority to, and shall seize all contraband. Any officer seizing contraband shall preserve the contraband in accordance with the applicable law of the Pueblo or state law. Upon being found in violation of this Act by the Tribal Court, the person shall forfeit all right, title, and interest in the items seized and they shall become the property of the Pueblo. Chapter 4. Miscellaneous Section 4.1 Effective Date. This Act shall take effect thirty days after the date of publication in the Federal Register by the Secretary of the Interior or the Secretary's designee. Section 4.2 Repeal of Inconsistent Law or Provisions. The Pueblo's Ordinance Legalizing the Introduction, Possession and Sale of Intoxicants, dated January 15, 1976, and published in the January 22, 1976 Federal Register is hereby repealed in its entirety. Further, any and all Council resolutions, or provisions in the Pueblo de San Ildefonso Civil and Criminal Code, or other laws, which conflict in any way with the provisions of this Act are hereby repealed to the extent that they are inconsistent with or conflict with or are contrary to the spirit and/or purpose of this Act. Section 4.3 Severability. If any provision of this Act is found to be unconstitutional or unlawful by the Pueblo de San Ildefonso Tribal Courts or Federal Courts, such provision(s) shall be stricken and the remainder of this Act shall continue in full force and effect. Section 4.4 Amendment. The Council may amend this Act upon majority vote of the Council, subject to the publication in the Federal Register by the Secretary of the Interior or his designee. Section 4.5 Sovereign Immunity. Nothing in this Act shall be construed as a waiver of sovereign immunity or rights of the Pueblo. [FR Doc. 2015-17887 Filed 7-20-15; 8:45 am] BILLING CODE 4337-15-P
![43110 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices
techniques or other forms of information (1983), the Secretary of the Interior shall containing alcohol, spirits, wine, or
technology. certify and publish in the Federal beer.
Please note that comments submitted Register notice of adopted liquor B. ‘‘Council’’ means the Pueblo de
in response to this notice are a matter ordinances for the purpose of regulating San Ildefonso Tribal Council.
of public record. Before including your liquor transactions in Indian country. C. ‘‘Governor’’ means the Governor of
personal mailing address, phone The Pueblo of San Ildefonso Tribal the Pueblo de San Ildefonso, or his or
number, email address, or other Council duly adopted the Pueblo de San her designee.
personally identifiable information in Ildefonso Liquor Control Act of 2015 by D. ‘‘Licensed premises’’ means the
your comment, you should be aware Resolution No. SI–R15–004 on March location within Pueblo lands at which a
that your entire comment, including 29, 2015. This Federal Register notice licensee is permitted to sell and allow
your personally identifiable supersedes the Pueblo of San Ildefonso the consumption of liquor. Includes
information, may be made publicly Ordinance Legalizing the Introduction, such buildings and surrounding land as
available at any time. While you can ask Possession, and Sale of Intoxicants, designated in the liquor license.
us and OMB in your comment to enacted by the Ildefonso Pueblo E. ‘‘Licensee’’ means a person who
withhold your personal identifying Council, which was published in the has been issued tribal liquor license by
information from public review, we Federal Register on January 22, 1976 the Pueblo, to sell liquor on the licensed
cannot guarantee that it will be done. (41 FR 3326). premises under the provisions of this
This notice is published in Act.
William L. Cunningham, F. ‘‘Minor’’ means any person under
accordance with the authority delegated
Chief, Office of Groundwater. the age of twenty-one (21) years.
by the Secretary of the Interior to the G. ‘‘Package sale’’ means any sale of
[FR Doc. 2015–17835 Filed 7–20–15; 8:45 am] Assistant Secretary—Indian Affairs. I liquor in a container or containers filled
BILLING CODE 4311–AM–P certify that the Tribal Council of the or packed by a manufacturer or wine
Pueblo of San Ildefonso duly adopted bottler and sold by a liquor licenses in
the Pueblo de San Ildefonso Liquor an unbroken package for consumption
DEPARTMENT OF THE INTERIOR Control Act of 2015 by Resolution No. off the licensed liquor establishment
Bureau of Indian Affairs SI–R15–004 on March 29, 2015. premises, and not for resale.
Dated: July 14, 2015. H. ‘‘Person’’ means any individual,
[156A2100DD/AAKC001030/
Kevin K. Washburn, business, or other legal entity, and
A0A501010.999900 253G]
Assistant Secretary—Indian Affairs. includes the Pueblo and its wholly
Pueblo of San Ildefonso—Pueblo de The Pueblo of San Ildefonso—Pueblo owned commercial entities.
San Ildefonso Liquor Control Act of de San Ildefonso Liquor Control Act of I. ‘‘Pueblo’’ means the Pueblo de San
2015 2015 Liquor Control Act of 2015 shall Ildefonso, a federally recognized Tribe
read as follows: of Indians.
AGENCY: Bureau of Indian Affairs, J. ‘‘Public place’’ means any location
Interior. Chapter 1. Administration or premises on Pueblo lands to which
ACTION: Notice. Section 1.1 Title. This act shall be the general public has unrestricted
known as the Pueblo de San Ildefonso access.
SUMMARY: This notice publishes the K. ‘‘Pueblo de San Ildefonso lands’’
Liquor Control Act.
Pueblo of San Ildefonso—Pueblo de San means all lands within the exterior
Section 1.2 Purpose. The purpose of
Ildefonso Liquor Control Act of 2015. boundaries of the Pueblo de San
the Pueblo de San Ildefonso Liquor
This codification repeals and replaces Ildefonso, including rights-of-way, lands
Control Act is to regulate and control
the existing Pueblo of San Ildefonso owned by or for the benefit of the
the sale, possession and consumption of
Ordinance Legalizing the Introduction, Pueblo, tribally purchased lands, and
liquor within the Pueblo de San
Possession, and Sale of Intoxicants, lands that may be leased by the Pueblo
Ildefonso lands for the public health,
enacted by the Ildefonso Pueblo de San Ildefonso. Also referred to as
safety and welfare.
Council, which was published in the ‘‘Pueblo Lands.’’
Section 1.3 Authority. The Pueblo has
Federal Register on January 22, 1976 L. ‘‘Sale’’ or ‘‘sales’’ means the
enacted this Liquor Control Act in
(41 FR 3326). exchange, barter, donation, selling,
exercise of its inherent governmental
DATES: Effective Date: This amended supplying, or distribution of liquor.
authority over its lands and activities M. ‘‘Server’’ means a person who
code shall become effective 30 days occurring thereon and in accordance
after July 21, 2015. sells, serves or dispenses liquor for
with its governing Agreement, The consumption on or off licensed
FOR FURTHER INFORMATION CONTACT: Ms. Government, Section 5. Authority. This
Patricia Mattingly, Tribal Government premises, and includes persons who
Liquor Act is in conformance with the manage, direct or control the sale or
Officer, Southwest Regional Office, laws of New Mexico, as required by service of liquor.
Bureau of Indian Affairs, 1011 Indian Federal law and 18 U.S.C. 1161. N. ‘‘Tribal Court’’ means the trial
School Road NW., Suite 254, Section 1.4 Definitions. As used in court of the Pueblo.
Albuquerque, NM 87104; Telephone: this Act, the following terms shall Section 1.5 Tribal Liquor License.
(505) 563–3446; Fax: (505) 563–3101, or apply: A. Every person who sells liquor on
Ms. Laurel Iron Cloud, Bureau of Indian A. ‘‘Alcohol’’ or ‘‘Liquor’’ includes Pueblo lands must hold a tribal liquor
Affairs, Office of Indian Services, 1849 the four varieties of liquor commonly
asabaliauskas on DSK5VPTVN1PROD with NOTICES
license issued by the Pueblo for each
C Street NW., MS–4513–MIB, referred to as alcohol, spirits, wine, and location on Pueblo Lands where liquor
Washington, DC 20240; Telephone: beer, and all fermented, spirituous, is sold.
(202) 513–7641. vinous, or malt liquor, or combinations B. A liquor license shall not be
SUPPLEMENTARY INFORMATION: Pursuant thereof, and mixed liquor, a part of transferred, sold or assigned and is only
to the Act of August 15, 1953, Public which is fermented, spirituous, vinous, valid for the licensed premises
Law 83–277, 67 Stat. 586, 18 U.S.C. or malt liquor or otherwise intoxicating, identified on the License.
1161, as interpreted by the Supreme and every liquor or solid or semisolid or C. A liquor license shall designate
Court in Rice v. Rehner, 463 U.S. 713 other substance, patented or not, whether the licensed premises is
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![43112 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices
be subject to criminal prosecution by as a waiver of sovereign immunity or Assistant Secretary—Indian Affairs. I
the Pueblo for the purchasing, rights of the Pueblo. certify that the Wampanoag Tribe of Gay
possessing, selling, delivering, bartering, [FR Doc. 2015–17887 Filed 7–20–15; 8:45 am] Head Tribal (Aquinnah) Tribal Council
or manufacturing liquor products in BILLING CODE 4337–15–P duly adopted the Aquinnah Wampanoag
violation of any part of this Act, or of Liquor Ordinance 14–01 by Resolution
any rule or regulation adopted pursuant No. 2014–34 on September 17, 2014.
to this Act. DEPARTMENT OF THE INTERIOR
Dated: July 14, 2015.
Section 3.5 Exclusion. For good and
Bureau of Indian Affairs Kevin K. Washburn,
sufficient cause found, the Tribal Court
may exclude from the Pueblo Lands any Assistant Secretary—Indian Affairs.
[156A2100DD/AAKC001030/A0A501010.
person who engages in an activity or 999900 253G] Ordinance 14–01 Aquinnah
activities prohibited by this Act to the Wampanoag Liquor Ordinance shall
extend such exclusion is not Wampanoag Tribe of Gay Head read as follows:
inconsistent with Pueblo law. (Aquinnah) Liquor Control Ordinance SECTION 1.1. TITLE
Section 3.6 Contraband. Any liquor 14–01
that is possessed contrary to the terms This Ordinance shall be known as the
AGENCY: Bureau of Indian Affairs, Aquinnah Wampanoag Liquor
of this Act are declared to be
Interior. Ordinance (‘‘Tribe’’) and shall be
contraband. Any tribal agent, employee
or officer who is authorized by the ACTION: Notice. referenced as the Liquor Ordinance.
Governor to enforce this Act shall have SUMMARY: This notice publishes the SECTION 1.2. FINDINGS AND
the authority to, and shall seize all liquor ordinance of the Wampanoag PURPOSE
contraband. Any officer seizing Tribe of Gay Head (Aquinnah). This
contraband shall preserve the A. The introduction, possession, and
ordinance regulates and controls the sale of liquor in Indian Country has
contraband in accordance with the possession, sale and consumption of
applicable law of the Pueblo or state historically been recognized as a matter
liquor within the jurisdiction of the of special concern to Indian tribes and
law. Upon being found in violation of Wampanoag Tribe of Gay Head
this Act by the Tribal Court, the person to the United States. The control of
(Aquinnah). The ordinance will increase liquor on the Tribe’s Tribal Lands
shall forfeit all right, title, and interest the ability of the Wampanoag Tribe of
in the items seized and they shall remains exclusively subject to the
Gay Head (Aquinnah) to control liquor legislative enactments of the Tribe in its
become the property of the Pueblo. distribution and possession on tribal exercise of its governmental powers
Chapter 4. Miscellaneous lands and Indian country, and at the over Tribal Lands, and the United
same time will provide an important States.
Section 4.1 Effective Date. This Act source of revenue for the strengthening
shall take effect thirty days after the date B. Federal law prohibits the
of the tribal government and the introduction of liquor into Indian
of publication in the Federal Register by delivery of tribal services.
the Secretary of the Interior or the Country (18 U.S.C. Sec. 1154), and
DATES: Effective Date: This code shall authorized tribes to decide when and to
Secretary’s designee.
Section 4.2 Repeal of Inconsistent become effective July 21, 2015. what extent liquor transactions, sales,
Law or Provisions. The Pueblo’s FOR FURTHER INFORMATION CONTACT: Ms. possession and service shall be
Ordinance Legalizing the Introduction, Sherry Lovin, Acting Regional Tribal permitted on their Tribal Lands (18
Possession and Sale of Intoxicants, Government Officer, Southern Plains U.S.C. Sec. 1161).
dated January 15, 1976, and published Regional Office, Bureau of Indian C. Pursuant to the authority in Article
in the January 22, 1976 Federal Register Affairs, P.O. Box 368, Anadarko, VII, Sec. 1 of the Tribe’s Constitution,
is hereby repealed in its entirety. Oklahoma 73005, Telephone: (405) 247– the Tribal Council has the authority
Further, any and all Council resolutions, 1534, Fax: (405) 247–9240; or Ms. ‘‘manage, control and administer the
or provisions in the Pueblo de San Laurel Iron Cloud, Chief, Division of affairs of the tribe and shall determine
Ildefonso Civil and Criminal Code, or Tribal Government Services, Office of its policies and procedures.’’
other laws, which conflict in any way Indian Services, Bureau of Indian D. The enactment of this Liquor
with the provisions of this Act are Affairs, 1849 C Street NW., MS–4513– Ordinance to govern liquor sales and
hereby repealed to the extent that they MIB, Washington, DC 20240, service on Tribal Lands, will increase
are inconsistent with or conflict with or Telephone: (202) 513–7641. the ability of the Tribe to control liquor
are contrary to the spirit and/or purpose SUPPLEMENTARY INFORMATION: Pursuant distribution and possession on Tribal
of this Act. to the Act of August 15, 1953, Public Lands, and at the same time will
Section 4.3 Severability. If any Law 83–277, 67 Stat. 586, 18 U.S.C. provide an important source of revenue
provision of this Act is found to be 1161, as interpreted by the Supreme for the continued operation of Tribal
unconstitutional or unlawful by the Court in Rice v. Rehner, 463 U.S. 713 government and the delivery of
Pueblo de San Ildefonso Tribal Courts or (1983), the Secretary of the Interior shall governmental services, as well as
Federal Courts, such provision(s) shall certify and publish in the Federal provide an amenity to customers at
be stricken and the remainder of this Register notice of adopted liquor tribal gaming facilities, tribal hotels,
Act shall continue in full force and ordinances for the purpose of regulating concert venues and golf courses.
liquor transactions in Indian country.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
effect.
SECTION 1.3. DEFINITIONS
Section 4.4 Amendment. The Council The Wampanoag Tribe of Gay Head
may amend this Act upon majority vote Tribal (Aquinnah) Tribal Council duly A. Unless otherwise required by the
of the Council, subject to the adopted the Aquinnah Wampanoag context, the term ‘‘liquor’’ as used
publication in the Federal Register by Liquor Ordinance 14–01 on September throughout this Liquor Ordinance shall
the Secretary of the Interior or his 17, 2014. mean ‘‘alcohol’’, ‘‘alcoholic beverages’’,
designee. This notice is published in ‘‘liqueur or cordial’’, ‘‘malt beverages’’
Section 4.5 Sovereign Immunity. accordance with the authority delegated and ‘‘wine’’ as those terms are defined
Nothing in this Act shall be construed by the Secretary of the Interior to the by the Massachusetts State Liquor
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Document Created: 2018-02-23 09:23:17
Document Modified: 2018-02-23 09:23:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Dates | Effective Date: This amended code shall become effective 30 days after July 21, 2015. | |
| Contact | Ms. Patricia Mattingly, Tribal Government Officer, Southwest Regional Office, Bureau of Indian Affairs, 1011 Indian School Road NW., Suite 254, Albuquerque, NM 87104; Telephone: (505) 563-3446; Fax: (505) 563-3101, or Ms. Laurel Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513- 7641. | |
| FR Citation | 80 FR 43110 |
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