[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