[Federal Register Volume 68, Number 96 (Monday, May 19, 2003)]
[Notices]
[Pages 27101-27102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-12405]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


San Pasqual Band of Mission Indians Ordinance for the Sale and 
Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the San Pasqual Band of Mission Indians 
Tribal Liquor Control Ordinance. The Ordinance regulates and controls 
the possession, sale and consumption of liquor at a facility known as 
the Valley View Casino. The land is located on trust land and this 
ordinance allows for the sale and consumption of alcoholic beverages 
within the Casino, for on-premises consumption only. The sale of said 
alcoholic beverages is in conformity with all applicable laws of the 
State of California and applicable federal laws. The Ordinance was 
adopted by Tribal Ordinance No. SP113002-03 and Tribal Resolution No. 
SCA-SP-04-03, on November 30, 2002 and does not become effective until 
published in the Federal Register because the failure to comply with 
the Code may result in criminal charges.

EFFECTIVE DATE: This Code is effective on May 19, 2003.

FOR FURTHER INFORMATION CONTACT: Iris Drew, Southwest Regional Office, 
Branch of Tribal Government, P.O. Box 26567, Albuquerque, New Mexico 
87125-6567; Telephone (505) 346-7592 or Ralph Gonzales, Office of 
Tribal Services, 1951 Constitution Ave., NW, MS-320-SIB, Washington, DC 
20240; Telephone (202) 513-7629.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The San Pasqual Band of Mission Indians 
adopted Tribal Ordinance No. SP113002-03 and Tribal Council Resolution 
No. SCA-SP-04-03, on November 30, 2002. The purpose of this ordinance 
is to govern the consumption and sale of alcoholic beverages at the 
gaming facility located on the Reservation, known as the Valley View 
Casino for on-premises consumption only.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 Departmental Manual 8.1.
    I certify that Resolution No. SCA-SP-04-03 authorizing the 
submittal of Tribal Ordinance No. SP113002-03, was duly adopted by the 
San Pasqual Band of Mission Indians on November 30, 2002.

    Dated: May 9, 2003.
Aurene M. Martin,
Assistant Secretary--Indian Affairs.

    The San Pasqual Band of Mission Indians Tribal Liquor Control 
Ordinance reads as follows:

San Pasqual Band of Mission Indians, Ordinance No. SP113002-03, Tribal 
Liquor Control Ordinance

I. Sale and Consumption of Alcoholic Beverages

    The General Council of the San Pasqual Band of Mission Indians 
(hereinafter General Council), governing body of the San Pasqual Band 
(hereinafter Tribe), hereby enacts this Ordinance to govern the sale 
and consumption of alcoholic beverages within casino facilities on 
Reservation lands.

II. Preamble

    1. Title 18, United States Code, Section 1161, provides Indian 
tribes with authority to enact ordinances governing the consumption and 
sale of alcoholic beverages on their Reservations, provided such 
ordinance is certified by the Secretary of the Interior, published in 
the Federal Register and such activities are in conformity with state 
law.
    2. Pursuant to Article IV, Section 1 of the Constitution and By-
Laws of the San Pasqual Band, the General Council is the governing body 
of the Tribe, with the power to enact ordinances to promote the general 
welfare and economic advancement of the Tribe and its members.
    3. The Tribe is the owner and operator of a gaming facility located 
on the Reservation known as the Valley View Casino (hereinafter 
Casino), at which Class II and Class III Gaming is conducted pursuant 
to the Tribe's Gaming Ordinance and a Compact executed with the State 
of California on September 10, 1999, ratified by the California 
Legislature, approved by the Secretary of the Interior on May 5, 2000, 
and published in the Federal Register on May 16, 2000.
    4. The Casino, located on trust land, is an integral and 
indispensable part of the Tribe's economy, and is intended to provide 
income to the Tribe and training and employment to its members.

[[Page 27102]]

    5. The General Council has determined that it is now in the best 
interest of the Tribe to offer alcoholic beverages for sale and 
consumption in the Casino.
    6. It is the purpose of this Ordinance to set out the terms and 
conditions under which the sale and consumption of said alcoholic 
beverages may take place.

III. General Terms

    1. The sale and consumption of alcoholic beverages within the 
Casino, for on-premises consumption only, is hereby authorized.
    2. For the purpose of this Ordinance, the term Casino shall mean 
the Valley View Casino, as currently existing or as expanded in the 
future, or any other casino facility owned by the Tribe and located on 
the San Pasqual Indian Reservation.
    3. The sale of said alcoholic beverages authorized by this 
Ordinance shall be in conformity with all applicable laws of the State 
of California and applicable federal laws, and the sale of said 
beverages shall be subject to federal excise tax and any fees required 
by the Federal Bureau of Alcohol, Tobacco & Firearms. This includes but 
is not limited to the following:
    a. No person under the age of 21 years shall consume, acquire or 
have in his or her possession any alcoholic beverage.
    b. No person shall sell any alcoholic beverages to any person under 
the age of 21.
    c. No person shall sell alcoholic beverages to a person apparently 
under the influence of alcohol.
    4. Where there may be a question of a person's right to purchase 
liquor by reason of his or her age, such person shall be required to 
present anyone of the following types of identification which shows his 
or her correct age and bears his or her signature and photograph: (1) 
Driver's license or identification card issued by any state Department 
of Motor Vehicles; (2) United States Active Duty Military card; or (3) 
passport.
    5. All liquor sales within the Casino shall be on a cash only basis 
and no credit shall be extended to any person, organization or entity, 
except that this provision does not prevent the use of major credit or 
debit cards.

IV. Posting

    This Ordinance shall be conspicuously posted within the Casino at 
all times it is open to the public.

V. Enforcement

    The San Pasqual Gaming Commission may enforce this Ordinance by 
implementation of monetary fines not to exceed $500 per violation. 
Prior to any enforcement action, the Gaming Commission shall provide 
the alleged offender of this Ordinance with at least three (3) days 
notice of an opportunity to be heard during a specially called meeting. 
The decision of the Gaming Commission shall be final.

VI. Severability

    If any provision or application of this Ordinance is determined by 
review to be invalid, such adjudication shall not be held to render 
ineffectual the remaining portions of this title or to render such 
provisions inapplicable to other persons or circumstances.

VII. Amendment

    This Ordinance may only be amended by a majority vote of the 
General Council.

VIII. Sovereign Immunity

    Nothing in this Ordinance in any way limits, alters, restricts or 
waives the Tribe's sovereign immunity from unconsented suit or action.

IX. Effective Date

    This Ordinance shall become effective following its adoption by the 
General Council, certification by the Secretary of the Interior and 
publication in the Federal Register.

[FR Doc. 03-12405 Filed 5-16-03; 8:45 am]
BILLING CODE 4310-4J-P