Ohkay Owingeh, New Mexico-Liquor Control Ordinance Amendment
This notice publishes amendments to the Ohkay Owingeh, New Mexico Liquor Control Ordinance, which amends and replaces the previous liquor control ordinance published on December...
This notice publishes amendments to the Ohkay Owingeh, New Mexico Liquor Control Ordinance, which amends and replaces the previous liquor control ordinance published on December 26, 1989.
DATES:
This Ordinance shall become effective October 21, 2026.
FOR FURTHER INFORMATION CONTACT:
Sophia J. Torres, Acting Tribal Government Specialist, Southwest Regional Office, Bureau of Indian Affairs, 1001 Indian School Road NW, Albuquerque, NM 87104-2303, Phone: (505) 536-3304, Email:
sophia.torres@bia.gov.
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. On May 6, 2026, Ohkay Owingeh, located in New Mexico, through Resolution No. 2026-33, adopted this amended Liquor Control Ordinance, which regulates and controls the consumption, possession, production, and sale of alcoholic beverages within the Pueblo's territorial jurisdiction.
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 Ohkay Owingeh, New Mexico duly adopted this amendment to the Pueblo's Liquor Control Ordinance by Resolution No. 2026-33 on May 6, 2026.
The Ohkay Owingeh, New Mexico Liquor Control Ordinance, as amended, shall read as follows:
Ohkay Owingeh Amended Liquor Control Ordinance
Section 1—Title
This Ordinance shall be known as the “Ohkay Owingeh Liquor Control Ordinance.”
Section 2—Purpose
The purpose of this Ordinance is to authorize, regulate, and control the introduction, possession, and Sale of Alcoholic Beverages on Tribal Lands of Ohkay Owingeh in accordance with federal law, New Mexico state law, and the laws of Ohkay Owingeh. The enactment of this Ordinance will enhance the ability of the Tribal government to control all Alcoholic Beverages' related activities within the jurisdiction of the Tribe. This Ordinance is enacted in conjunction with the laws of the State of New Mexico applicable to the Sale and distribution of Alcoholic Beverages pursuant to 18 U.S.C. 1161.
Section 3—Authority
The Tribe enacts this Ordinance pursuant to its inherent governmental powers and in accordance with its traditional law, which empowers its Tribal Council to enact ordinances. This Ordinance conforms with and also has been enacted pursuant to the Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 1161). The Sale of Alcoholic Beverages shall be lawful within Tribal Lands, to the extent permitted by federal law, and applicable laws of the Tribe and the State of New Mexico.
( printed page 66577)
Section 4—Scope
In order to protect the health, safety, and social welfare of the members of Ohkay Owingeh and the patrons of businesses located on Tribal Lands, and to be consistent with the principles enunciated by the United States Supreme Court in
United States
v.
Montana,
101 S.Ct. 1245 (1981), the Tribe, as an exercise of sovereign authority and self-determination, has enacted this Ordinance to regulate the introduction, possession, and Sale of Alcoholic Beverages on Tribal Lands.
This Ordinance applies to all Tribal Lands, as defined herein. This Ordinance shall extend to all Persons, as defined herein, receiving or requiring Licenses hereunder, or doing business on Tribal Lands, or having significant contacts within Tribal Lands, or residing within Tribal Lands, or entering into or coming within Tribal Lands, or consuming, possessing, manufacturing, or distributing Alcoholic Beverages within Tribal Lands. This Ordinance shall apply to all Persons and shall be enforced against all Persons to the fullest extent permitted by applicable federal law.
Section 5—Definitions
As used in this Ordinance, the following definitions shall apply:
(a) “Alcoholic Beverage” means the four varieties of liquor commonly referred to as alcohol, spirits, wine and beer, and all fermented, spirituous, vinous or malt liquors or combinations thereof, mixed liquor, any part of which is fermented, spirituous, vinous or malt liquor, or any otherwise intoxicating liquid, including every liquid or solid or semi-solid or other substance, patented or not, containing alcohol, spirits, wine or beer and intended for oral consumption;
(b) “Gaming Facility” means all buildings or structures in which Class II or Class III Gaming is conducted on Tribal Lands, subject to the limitations set forth in the Compact between the State of New Mexico and the Tribe.
(c) “Intoxicated Person” means a Person whose mental or physical functioning is impaired as a result of the use of Alcoholic Beverages.
(d) “License” means a revocable license granted by the Tribal Council pursuant to this Ordinance authorizing the Licensee named therein to sell Alcoholic Beverages at a specified Licensed Establishment on Tribal Lands.
(e) “Licensee” means the holder of a valid Package License, On-Premises License or Special Event License granted by the Tribal Council.
(f) “Licensed Establishment” means a designated physical location on Tribal Lands from which a Licensee is authorized to sell, offer for Sale, or having in the person's possession with the intent to sell Alcoholic Beverages in unbroken packages for consumption and not for resale off the Licensed Establishment;
(g) “Minor” means any Person under the age of twenty-one (21) years.
(h) “On-Premises License” means a License that authorizes the Licensee to store, possess and sell Alcoholic Beverages in open containers for consumption at the Licensed Establishment only.
(i) “Ordinance” means this Ohkay Owingeh Liquor Control Ordinance.
(j) “Package” means any immediate container or receptacle used for holding Alcoholic Beverages that is filled or packed by a manufacturer or wine bottler for Sale by the manufacturer or wine bottler to a wholesaler.
(k) “Package License” means a License that authorizes the Licensee to store, possess and sell Alcoholic Beverages in sealed containers for consumption off of the Licensed Establishment only.
(l) “Patron” means a Person visiting a Licensed Establishment and having the intent to purchase any goods or services for Sale to the general public therein, including Alcoholic Beverages.
(m) “Person” means any individual, whether a member or non-member of the Tribe, an estate, trust, receiver, cooperative association, club, corporation, company, firm, partnership, joint venture, syndicate, Pueblo-chartered or authorized entity, or any other legal entity.
(n) “Public Place” means streets, plazas, highways, roads, stores, shopping centers, and the grounds thereof; also government buildings, public buildings, schools, churches, public meeting halls, lobbies and halls of offices, restaurants, theaters, stores, garages, and service stations which are open to and generally used by the public, and the grounds thereof; also open spaces on Tribal Lands except for private land, yards, allotments, and land assignments; also buses, including school buses, and other public conveyances of all kinds and character, and the depots and waiting rooms used in conjunction therewith; also parks and playgrounds; and all other places of a like nature which are generally used by the public.
(o) “Purchase” means the exchange, barter, traffic, receipt, with or without consideration, by any means whatsoever, of Alcoholic Beverage.
(p) “Sale” or “Sell” means any exchange, barter, gift or traffic; and also includes the selling of or supplying or distributing, by any means whatsoever, of Alcoholic Beverages by any Person to any Person and also includes giving away Alcoholic Beverages.
(q) “Special Event License” means a License that authorizes the Licensee to store, possess and sell Alcoholic Beverages at a special event such as a fair, tournament, convention, meeting or similar event held on Tribal Lands.
(r) “State” means the State of New Mexico and any of its agencies or instrumentalities.
(s) “Tribal Court” means the Ohkay Owingeh Tribal Court.
(t) “Tribal Gaming Commission” means the Ohkay Owingeh Gaming Commission and its staff.
(u) “Tribal Lands” means all lands over which the Tribe exercises governmental power and that is either owned by the Tribe or held in trust by the United States for the benefit of the Tribe or individual members of the Tribe and located within the boundaries of the Tribe, including rights-of-way, lands owned in fee, allotted lands, tribally purchased lands, and land that may be leased by the Tribe.
(v) “Tribe” means Ohkay Owingeh, a federally-recognized Indian Tribe.
Section 6—Law Generally Concerning Alcoholic Beverages
6.1.
General Authorizations.
6.1.1 Hours and Days of Business.
6.1.1.1 Alcoholic Beverages may be sold, served, delivered, or consumed at a Licensed Establishment on Tribal Lands only during the following times:
6.1.1.1.1 from 7:00 a.m. until 12:00 midnight; and
6.1.1.1.2 from 12:01 a.m. until 2:00 a.m.; provided however, that any such sales made between midnight and 2:00 a.m. shall only be for consumption on the premises.
6.1.1.2 The Tribal Council may, by resolution, prohibit the sale, service, delivery, and consumption of Alcoholic Beverages during times in addition to those set forth in this section. Any such resolution shall not require approval by the U.S. Secretary of Interior.
6.1.2 Sales only by Permitted Servers. Except as otherwise provided in this Ordinance, no Person shall be employed at a Licensed Establishment as a server who has not successfully completed an alcohol server certification program and examination approved by the State of New Mexico or the Tribal Gaming Commission within thirty (30) days of employment.
6.1.3 Alcoholic Beverages at a Gaming Facility. Any Sale of Alcoholic
( printed page 66578)
Beverages at a Gaming Facility shall comply with all applicable provisions of any Tribal-State-Class III Gaming Compact between the State of New Mexico and Ohkay Owingeh, related to the selling, serving, giving or delivering of Alcoholic Beverages at a Gaming Facility.
6.1.4 Wholesale Transactions. A Licensed Establishment shall purchase Alcoholic Beverages for resale on Tribal Lands only from a wholesaler that possesses a valid wholesaler license issued by the State of New Mexico.
6.2
General Prohibitions.
6.2.1. License Required. Any Person who Purchases Alcoholic Beverages on Tribal Lands from any Person other than at a Licensed Establishment shall be guilty of a violation of this Ordinance. Any Person who shall Sell or offer for Sale or distribute or transport in any manner, any Alcoholic Beverage in violation of this Ordinance, or who shall operate or shall have Alcoholic Beverages in his possession with intent to Sell or distribute without a License shall be guilty of a violation of this Ordinance.
6.2.2 Resale Transactions. No Licensed Establishment shall Sell Alcoholic Beverages on Tribal Lands for resale. All such Sales shall be for the personal use of the purchaser. Sales of Alcoholic beverages shall be made by the Package or by the drink.
6.2.3. Bringing Alcoholic Beverages onto Licensed Establishment Premises. No Person shall bring any Alcoholic Beverages for personal consumption onto any Licensed Establishment where Alcoholic Beverages are authorized to be Sold by the drink, unless such Alcoholic Beverage was purchased on such premises, or unless the possession or distribution of such Alcoholic Beverage on such premises is otherwise authorized under the provisions of this Ordinance. Possession of such Alcoholic Beverages by a Patron shall result in ejection of the Patron from the Licensed Establishment.
6.2.4 Sales Must Be Made by Adults; Exception for Restaurant Servers.
6.2.4.1. Except as provided in 6.2.4.2, no Person shall take any order, make any delivery, or accept payment for any Sale of Alcoholic Beverages on Tribal Lands, or otherwise have any direct involvement in any such Sale, who is less than twenty-one (21) years of age.
6.2.4.2. A Licensed Establishment holding an On-Premises License may employ Persons eighteen (18) years of age or older to Sell or serve Alcoholic Beverages in a Licensed Establishment that is held out to the public as a place where meals are prepared and served and the primary source of revenue is food, and where the Sale or consumption of Alcoholic Beverages is not the primary activity, except that a Person under twenty-one (21) years of age shall not be employed as a bartender.
6.2.5 Payment at Time of Sale. A Licensed Establishment shall not make any Sale of any Alcoholic Beverages without receiving payment therefore by cash, check, or credit card at or about the time the Sale is made; provided that nothing herein shall preclude the Licensed Establishment from receiving a delivery of Alcoholic Beverages 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 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 patron leaves the premises.
6.2.6 Open Containers Prohibited. No Person shall have an open container of any Alcoholic Beverage in a Public Place, except at a Licensed Establishment. No Person shall have an open container 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.
6.2.7 No Sale to Intoxicated Persons. No Person shall Sell Alcoholic Beverages on Tribal Lands to a Person believed to be intoxicated.
6.2.8 Prohibition on Sale of Miniature Bottles. No Person shall sell Alcoholic Beverages in closed containers or bottles containing fewer than three fluid ounces for consumption off the premises, except for:
6.2.8.1 Sales in which 10 containers of three fluid ounces or less are packaged together by the manufacturer and meant for sale as a single unit; or
6.2.8.2 Sales in which a container of three fluid ounces or less are packaged by the manufacturer, as a value-added product, in conjunction with an Alcoholic Beverages purchase of 750 milliliters or larger.
6.2.8.3 Nothing herein shall prohibit the sale of Alcoholic Beverages in containers of three fluid ounces or less, for consumption on the premises.
6.2.9 Contraband. Alcoholic Beverages possessed contrary to the terms of this Ordinance are declared to be contraband. Any Tribal agent, employee or officer who is authorized by the Tribal Council to enforce this Ordinance shall have the authority to, and shall, seize all contraband. Any officer seizing contraband shall preserve the contraband in accordance with applicable law of the Tribe or State law. Any Person whose items have been seized may challenge the lawfulness of such seizure by filing a petition with the Tribal Court within seven (7) business days of the seizure. Upon being found in violation of this Ordinance, the Person shall forfeit all right, title, and interest in the items seized and they shall become the property of the Tribe. All contraband shall be disposed of as directed by the Tribal Court.
Section 7—Law Concerning Minors
7.1.
Selling or Giving Alcoholic Beverages to Minors.
7.1.1. It is unlawful for any Person to do any of the following:
7.1.1.1 Sell, serve or give any Alcoholic Beverages to a minor, or to permit a minor to consume Alcoholic Beverages on the premises of a Licensed Establishment;
7.1.1.2 Purchase Alcoholic Beverages for or procure the Sale or service of Alcoholic Beverages to a Minor;
7.1.1.3 Deliver Alcoholic Beverages to a Minor;
7.1.1.4 Aid or assist a Minor to buy, procure or be served with Alcoholic Beverages.
7.1.2. It is unlawful for any Minor to consume, Purchase, attempt to Purchase, receive, possess or permit himself or herself to be served with any Alcoholic Beverage at a Licensed Establishment.
7.1.3. If any Person not a Minor deceives another Person to believe that a Minor is legally entitled to be sold, served or delivered Alcoholic Beverages, he or she and not the Person deceived shall have committed an unlawful act.
7.1.4. It is unlawful for any Person to give, loan, sell or deliver an identity card to a Minor with the knowledge that the Minor intends to use the identity for the purpose of procuring or attempting to procure any Alcoholic Beverages.
Section 8—Laws Concerning Licenses
8.1
Classes of Licenses.
The following licenses may be approved pursuant to this Ordinance: (1) a Package License; (2) an On-Premises License; and (3) a Special Event License.
8.2
Compliance with Applicable Law.
No Person or entity shall engage in the Sale of Alcoholic Beverages on Tribal Lands, except at a Licensed Establishment in accordance with the terms of this Ordinance and in compliance with any other applicable law, including but not limited to, the Tribal-State Class III Gaming Compact between the Tribe and the State of New Mexico.
( printed page 66579)
8.3.
Package and On-Premises Licenses.
Each Licensed Establishment holding a Package or On-Premises License shall be identified on a map showing its location and the perimeters of the land and building, together with a general description of the premises, which map and description shall be filed with the Tribal Gaming Commission. A parcel of land not containing a building, so long as the premises 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.
8.3.1 An enterprise which is owned or controlled by the Tribe shall be deemed to have either a Package or On-Premises License upon filing with the Tribal Gaming Commission the map and description required under section 8.3.
8.3.2 An enterprise which is not owned or controlled by the Tribe must apply to the Tribal Gaming Commission for either a Package or On-Premises License on such forms and in such a manner as the Tribal Gaming Commission 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 by the Tribal Gaming Commission. The applicant shall submit a sworn application to the Tribal Gaming Commission containing, at a minimum, the following:
8.3.2.1 The name and address of the applicant and, if applicable, the state in which the applicant, if an entity, is incorporated or organized, and a certified copy of its articles of incorporation or organization;
8.3.2.2 A list of every liquor license or permit, by number and state or Indian Tribe, in which the applicant or any predecessor-in-interest has, or within the past ten (10) years had, directly or indirectly owned or held any interest.
8.3.2.3 Detail as to whether the applicant either: (1) ever applied for a liquor license or permit from any governmental entity, which was denied, and the reasons for such denial; or (2) held a liquor license or permit which was revoked, and the reasons for such revocation.
8.3.2.4 Evidence of financial responsibility.
8.3.2.5 A description of the area or premises to be licensed as required under section 8.3 of this Ordinance and the hours that Alcoholic Beverages will be served.
8.3.2.6 A statement that the proposed area or premises to be licensed is at least 500 feet from any church, kiva, plaza, or school.
8.3.2.7 An agreement by the applicant to observe and abide by all conditions of the License, all applicable Tribal, State and federal liquor laws, and consent to Tribal jurisdiction.
8.3.2.8 A statement that the applicant, if an individual, has never been convicted of a felony. If the applicant is an entity, then a statement that the entity(s) owner(s), officer(s), director(s), manager(s), or shareholder(s) have never been convicted of a felony.
8.3.2.9 A statement that the applicant, if an individual, is at least twenty-one (21) years of age. If the applicant is an entity, then a statement that the entity's owner(s), officer(s), director(s), manager(s), or shareholder(s), is/are at least twenty-one (21) years of age.
8.3.2.10 An application fee in an amount set by the Tribal Gaming Commission.
8.3.2.11 An acknowledgement that the Tribal Gaming Commission may require either the individual applicant or the applicant's owner(s), officer(s), director(s), manager(s), or shareholder(s), or any combination of them, to submit to a background investigation by supplementing the application with two (2) complete sets of his or her fingerprints taken under the supervision of and certified by a Tribe, state, or federal law enforcement officer. In such a case, the Tribal Gaming Commission may issue a temporary License pending the results of the background clearance, subject to revocation at any time by the Tribal Gaming Commission.
8.4
Special Event Licenses
8.4.1 Any Person may submit an application for a Special Event License, which shall allow the applicant to temporarily Sell Alcoholic Beverages in connection with an event held by the applicant on Tribal Lands that is not otherwise covered by such Person's On-Premises License, if any. The applicant shall submit a sworn application to the Tribal Gaming Commission at least sixty (60) days prior to the event containing, at a minimum, the following:
8.4.1.1 The purpose of the event, the identity of the applicant, and a description of the persons invited to participate in the event;
8.4.1.2 The location on Tribal Lands where the event will take place and where Alcoholic Beverages will be for Sale:
8.4.1.3 The days and times which the event will occur, which shall not exceed a period of seventy-two (72) hours, unless otherwise approved by the Tribal Gaming Commission;
8.4.1.4 Any provisions made by the applicant for sanitation, security and other measures to protect the health and welfare of the participants at the event;
8.4.1.5 Certification that the event will be covered by a policy of public liability insurance that includes the Tribe as a co-insured;
8.4.1.6 An application fee in an amount set by the Tribal Gaming Commission; and
8.4.1.7 Any other information required by the Tribal Gaming Commission.
8.4.2 Alcoholic Beverages shall be for Sale pursuant to a Special Event License only at the location and during the days and times specified in the license and only to participants at the event for on-premises consumption.
8.5
Evaluation of and Decision on Applications.
8.5.1 All applications, together with the applicable fee, shall be submitted to the Tribal Gaming Commission, which shall gather and review all necessary information.
8.5.2 After considering the information submitted on the application for a License the Tribal Gaming Commission shall grant and issue a License if it concludes that the License will serve the best interests of the Tribe and the regulatory goals of this Ordinance.
8.5.3. The Tribal Gaming Commission shall deny the application if it finds that granting a License would be contrary to the best interests of the Tribe and the regulatory goals of this Ordinance.
8.5.4. In making its determinations, the Tribal Gaming Commission shall consider such factors as the applicant's compliance history with applicable Tribal, federal, and State law, whether the applicant is currently in violation of any law, the number and density of Licensed Establishments on Tribal Lands, whether the applicant will operate a new or existing establishment, whether food will be sold on the premises, or any other reason bearing on health, safety, and welfare of the Tribe or the economic security of the Tribe.
8.5.5. The Tribal Gaming Commission shall send the applicant a final written decision explaining the grounds for the Tribal Gaming Commission's decision either granting or denying the application for a License.
8.6.
License Term and Renewal.
Except as otherwise determined by the Tribal Gaming Commission, the term of a Package or On-Premises License shall be three (3) years. Package or On-Premises Licenses shall be re-issued on or about July 1 of the third year of the License term, upon the payment of the license fee, as set by the Tribal Gaming Commission. Renewal applications and fees shall be submitted no later than
( printed page 66580)
May 1 of the third year of the License term, to the Tribal Gaming Commission. Application fees and/or licensing fees shall not be prorated. Any late renewal applications shall be subject to a late fee assessment of not more than ten (10%) of the application fee. Special Event Licenses shall be effective only for the duration of the event, as specified in the license.
8.7
License Revocation.
Any License granted herein may be terminated or revoked for cause.
8.7.1 Cause shall include:
8.7.1.1 Violation of this Ordinance or any other applicable law, including the laws of the State of New Mexico;
8.7.1.2 Violation of any rules and regulations adopted by the Tribe to implement this Ordinance;
8.7.1.3 Sale of Alcoholic Beverages outside a Licensed Establishment or in violation of the License;
8.7.1.4 Making a material misstatement in the application for a License; and
8.7.1.5 Allowing a nuisance, drug sales or rowdy behavior to occur within the Licensed Establishment.
8.8
License Hearings.
Any Person who is denied a license or has had a license revoked, suspended or conditioned by the Tribal Gaming Commission, may request a hearing before the Tribal Gaming Commission by filing a written request for a hearing with the Tribal Gaming Commission within seven (7) business days after receiving the notice of denial, revocation, suspension or condition. The Tribal Gaming Commission shall set a hearing date, which shall be no later than thirty (30) days after receipt of the request for hearing, unless the applicant for good cause requests an extension. The hearing shall be held in accordance with any hearing procedures adopted by the Tribal Gaming Commission.
Section 9—Enforcement
9.1
Criminal Penalties.
Any Person who is subject to the criminal jurisdiction of the Tribe and is found guilty of violating any portion of this Ordinance, which does not otherwise constitute a criminal offense under the Ohkay Owingeh Law and Order Code, shall be subject to a fine not to exceed $500 for each violation and/or subject to confinement for a period not to exceed 120 days in jail.
9.2
Civil Penalties.
Any Person violating any provision of this Ordinance or regulations promulgated hereunder may be subject to a civil fine or revocation of its License, if applicable, and such other civil sanctions imposed by the Tribal Gaming Commission that are provided in rules and regulations implementing this Ordinance. Any civil fines issued by the Tribal Gaming Commission for violations of this Ordinance or regulations shall not exceed $5,000 for each violation.
9.3
Tribal Gaming Commission Authority.
9.3.1 Except as otherwise provided herein, the Tribal Gaming Commission is delegated regulatory authority to enforce the provisions of this Ordinance. In furtherance, the Tribal Gaming Commission shall have the following powers and duties:
9.3.1.1 To promulgate, publish and enforce reasonable regulations regarding the purchase, Sale, consumption and distribution of Alcoholic Beverages and the licensing thereof, as necessary and subject to the approval of the Tribal Council, which upon approval by the Tribal Council shall not require further approval by the United States Secretary of Interior;
9.3.1.2 To monitor, as reasonably necessary, Licensee compliance with this Ordinance and any approved regulations;
9.3.1.3 To investigate suspected violations of this Ordinance and any approved regulations;
9.3.1.4 To institute hearings for license denials, revocations, conditions or suspensions or for other violations of this Ordinance;
9.3.1.5 To cooperate with appropriate law enforcement authorities for the prosecution of any violations of any Tribal, State or federal criminal law;
9.3.1.6 To employ staff necessary to allow the Tribal Gaming Commission to perform its powers and duties pursuant to this Ordinance; and
9.3.1.7 To exercise such other powers as may be necessary to implement and enforce this Ordinance.
Section 10—Assignment
No License granted under this Ordinance shall be assigned, pledged, transferred, leased, licensed or sold. Any attempt to do so is grounds for immediate revocation of the License.
Section 11—Repeal
This Ordinance repeals the prior Pueblo of San Juan Liquor Ordinance, enacted in 1989. This repeal shall be effective on the date the United States Secretary of Interior approves this Ordinance.
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; No Waiver
Nothing in this Liquor Control Ordinance waives the sovereign immunity of the Tribe. No officer, manager, or employee of the Tribe or an enterprise of the Tribe is authorized to waive the sovereign immunity of the Tribe except as expressly authorized by the Tribal Council.
Section 14—Amendment
This Ordinance may be amended by a majority vote of the Tribal Council subject to approval by the United States Secretary of Interior, except for the modifications allowed by Section 6.1.1.2 which shall not be subject to Secretarial approval.
Section 15—Effective Date
This Ordinance shall be effective upon the date that the United States Secretary of the Interior publishes this Ordinance in the
Federal Register
.