[Federal Register Volume 87, Number 27 (Wednesday, February 9, 2022)]
[Notices]
[Pages 7493-7494]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02696]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[223A2100DD/AAKC001030/A0A501010.999900]


San Pasqual Band of Mission Indians; Amended Tribal Liquor 
Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the amended Liquor Control Ordinance of 
San Pasqual Band of Mission Indians. The San Pasqual Band of Mission 
Indians amended Liquor Control Ordinance regulates and controls the 
possession, sale, manufacture, and distribution of alcohol in 
conformity with the laws of the State of California.

DATES: This ordinance shall become effective March 11, 2022.

FOR FURTHER INFORMATION CONTACT: Mr. Felix Kitto, Deputy Regional 
Director, Indian Services, Pacific Regional Office, Bureau of Indian 
Affairs, 2800 Cottage Way, Room W-2820, Sacramento, California 95825, 
Telephone (916) 978-6000, Fax: (916) 978-6099.

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 control ordinances for the purpose of regulating 
liquor transactions in Indian country. The San Pasqual Band of Mission 
Indians adopted the amended Tribal Liquor Control Ordinance on October 
1, 2020.
    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 General Council of the San Pasqual Band of 
Mission Indians duly adopted the amended Tribal Liquor Control 
Ordinance on October 1, 2020.

Bryan Newland,
Assistant Secretary--Indian Affairs.

    San Pasqual Band of Mission Indians' amended Tribal Liquor Control 
Ordinance shall read as follows:

SAN PASQUAL BAND OF MISSION INDIANS

AMENDED TRIBAL LIQUOR CONTROL ORDINANCE

San Pasqual Band of Mission Indians

Amended 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 on Reservation and 
other tribal trust 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 and Article VIII, Section 1(d) 
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 and has the powers and responsibilities to 
establish rules or procedures for the conduct of its affairs.
    3. The Tribe is the owner and operator of a gaming facility located 
on the Reservation known as the Valley View Casino & Hotel (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 in August 2018, ratified by the California 
Legislature, which Compact was deemed to have been approved by 
operation of law on December 13, 2018, and published in the Federal 
Register on December 27, 2018.
    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

[[Page 7494]]

training and employment to its members.
    5. The General Council has determined that it is in the best 
interest of the Tribe to offer alcoholic beverages for sale and 
consumption in the Casino.
    6. The Tribe has leased a nine-acre parcel of tribal trust land to 
a tribally-owned enterprise for the purpose of developing and 
operating, among other things, a convenience store.
    7. The General Council has determined that it is in the best 
interest of the Tribe to allow the sale of alcoholic beverages at the 
convenience store for off-premises consumption.
    8. 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 & Hotel, 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 alcoholic beverages at the convenience store, for 
off-premises consumption only, is hereby authorized.
    4. For the purposes of this Ordinance, the term ``convenience 
store'' shall mean the convenience store located on an approximately 
nine-acre parcel of tribal trust land at the intersection of Lake 
Wohlford and Valley Center Roads leased by the Tribe to the San Pasqual 
Economic Development Corporation.
    5. The sale of said alcoholic beverages authorized by this 
Ordinance shall be subject to federal excise tax and any fees required 
by the Federal Bureau of Alcohol, Tobacco & Firearms, and in conformity 
with all applicable laws of the State of California and applicable 
federal laws. 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.
    6. 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.
    7. All liquor sales authorized under this Ordinance 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 and 
the convenience store at all times they are open to the public.

V. Enforcement

    a. The San Pasqual Gaming Commission may enforce this Ordinance as 
against the Casino 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.
    b. The San Pasqual Business Committee may enforce this Ordinance as 
against the convenience store by implementation of monetary fines not 
to exceed $500 per violation. Prior to any enforcement action, the 
Business Committee 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 Business 
Committee 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. 2022-02696 Filed 2-8-22; 8:45 am]
BILLING CODE 4337-15-P