[Federal Register Volume 71, Number 22 (Thursday, February 2, 2006)]
[Notices]
[Pages 5680-5681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1395]



[[Page 5680]]

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Namb[eacute] Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Pueblo of Namb[eacute] Liquor 
Ordinance. The Ordinance regulates and controls the possession, sale 
and consumption of liquor within the Pueblo of Namb[eacute] Indian 
Reservation. The Reservation 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 Namb[eacute] Indian 
Reservation. This Ordinance will increase the ability of the tribal 
government to control the community's liquor distribution and 
possession, and at the same time will provide an important source of 
revenue for the continued operation and strengthening of the tribal 
government and the delivery of tribal services.

DATES: Effective Date: This Ordinance is effective on February 2, 2006.

FOR FURTHER INFORMATION CONTACT: Iris Drew, Tribal Government Services 
Officer, Southwest Regional Office, 1001 Indian School Road, 
Albuquerque, New Mexico 87104, Telephone (505) 563-3530; Fax (505) 563-
3060; or Ralph Gonzales, Office of Tribal Services, 1951 Constitution 
Avenue, NW., Mail Stop 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 Namb[eacute] Tribal Council adopted 
its Liquor Ordinance by Resolution No. NP-2005-27 on November 30, 2005. 
The purpose of this Ordinance is to govern the sale, possession and 
distribution of alcohol within the Pueblo of Namb[eacute] Indian 
Reservation.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs. I certify that this Liquor Ordinance of the 
Pueblo of Namb[eacute] was duly adopted by the Tribal Council on 
November 30, 2005.

    Dated: January 27, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

    The Pueblo of Namb[eacute] Liquor Ordinance reads as follows:

Pueblo of Namb[eacute] Liquor Ordinance 2005

    1. Purpose. The purpose of the Pueblo of Nambe Liquor Ordinance 
is to establish limitations and standards for the legalization of 
the introduction, sale and possession of alcohol within the Pueblo 
of Nambe lands as a means to provide revenue to serve the best 
interests of the Pueblo.
    2. Definitions. As used in this Ordinance, the following 
definitions 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. ``Package'' means any container or receptacle used for 
holding liquor.
    C. ``Person'' means any individual, business, or other legal 
entity.
    D. ``Pueblo'' means the Pueblo of Nambe, a federally recognized 
Tribe of Indians.
    E. ``Reservation'' means all lands within the exterior 
boundaries of the Pueblo of Nambe, 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 of Nambe.
    F. ``Sale'' includes the exchange, barter, traffic, donation, 
selling, supplying, or distribution of liquor.
    G. ``Tribal Council'' means the Pueblo of Nambe Tribal Council.
    3. State Law. Unless otherwise provided in this Ordinance, 
standards for the sale and transaction of liquor shall be in 
conformity with the laws of the State of New Mexico, as required by, 
and in accordance with Sec.  18 U.S.C. 1161.
    4. Sale and Possession.
    A. Sales Limited. Sales of liquor are allowed on the following 
lands:
    i. Pueblo lands as assigned to the Pueblo of Nambe Gaming 
Enterprise by the Tribal Council.
    ii. Pueblo lands assigned to the Nambe Pueblo Development 
Corporation by the Tribal Council.
    iii. Other lands, individuals and entities only as permitted by 
Tribal Council Resolution.
    B. Sales for Personal Use; Resale Prohibited. All sales allowed 
by this Ordinance shall be personal use of the individual purchaser. 
Such sales for personal use must be in package form or by the drink. 
Resale of any liquor is prohibited and violators shall be in 
violation of this Ordinance and subject to penalties.
    C. Limited to Adults. All handling, stocking, possession, 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 or other government issued identification that 
contains birth date and photo of the holder of the license or 
identification.
    D. 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.
    E. Liability Insurance. Any person authorized to sell liquor 
within the Pueblo shall obtain general liability insurance in the 
amount not less than $1,000,000 (one million dollars) per 
occurrence.
    F. Tribal-State Compact. Any person authorized to dispense, 
sell, serve or deliver alcohol within a gaming establishment shall 
conform to all alcohol provisions contained in the current Tribal-
State Gaming Compact.
    5. Tribal License.
    A. Tribal Council Authorization. Any person may be authorized to 
engage in the wholesale purchase, sale, or distribution of liquor 
within Pueblo Reservation boundaries upon terms and conditions 
approved by Tribal Council Resolution. Any person granted such 
approval by Tribal Council Resolution will be deemed to have a 
Pueblo of Nambe liquor license.
    B. License Revocation. Tribal Council has the authority to 
revoke a Tribal liquor license for any violations arising from this 
Ordinance or other Pueblo Law and Order Code violations.
    6. Offenses. Any person who violates this Ordinance is subject 
to a civil penalty, at a minimum. Offenses include, but are not 
limited to, the following:
    A. Sales to Minors. No sale of liquor shall be made to any 
person under the age of twenty-one (21).
    B. Purchase by Minors. Any person under the age of twenty-one 
(21) who purchases, attempts to purchase, or possesses any liquor 
shall be in the violation of this Ordinance.
    C. Unauthorized Sale. It shall be a violation of this ordinance 
for any person within the boundaries of the Pueblo Reservation to:
    i. Buy liquor from any person other than those properly 
authorized by Tribal Council Resolution and in compliance with this 
Ordinance, or
    ii. Sell alcohol outside the portion of the Pueblo Reservation 
authorized for sale by that license.
    D. Intoxicated Persons. It shall be a violation of this 
ordinance for any person to sell liquor to an intoxicated person.
    E. Other violations of this Ordinance.
    7. Penalties.
    A. Civil Penalty. Any person, business, or other legal entity 
purchasing, possessing, selling, delivering, bartering, or 
manufacturing liquor products in violation of any part of this 
Ordinance, or of any rule or regulation adopted pursuant to this 
Ordinance, shall be subject to a civil assessment of not more than 
one thousand dollars ($1000) for each violation.
    B. Criminal Penalty. In addition to civil penalties, a person, 
business, or other legal entity may 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 Ordinance, or of any rule or

[[Page 5681]]

regulation adopted pursuant to this Ordinance.
    C. Contraband. All contraband merchandise shall be confiscated 
by the Pueblo and disposed of as directed by the Tribal Council.
    8. Sovereign Immunity Reserved. Nothing in this Ordinance shall 
be construed as a waiver of sovereign immunity or rights of the 
Pueblo.
    9. Amendments. This Ordinance may be amended by the Tribal 
Council, subject to approval by the Secretary of the Interior or the 
Secretary's designee.
    10. Effective Date. This Ordinance shall be in effect upon the 
date of publication in the Federal Register by the Secretary of the 
Interior or the Secretary's designee.
[FR Doc. E6-1395 Filed 2-1-06; 8:45 am]
BILLING CODE 4310-4J-P