Ohkay Owingeh, New Mexico-Liquor Control Ordinance Amendment

Issuing agencies

Abstract

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.

Full Text

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<title>Federal Register, Volume 91 Issue 202 (Wednesday, October 21, 2026)</title>
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[Federal Register Volume 91, Number 202 (Wednesday, October 21, 2026)]
[Notices]
[Pages 66576-66580]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21473]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[278A2100DD/AAMM001010/A0A600000.000000]


Ohkay Owingeh, New Mexico--Liquor Control Ordinance Amendment

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: 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: <a href="/cdn-cgi/l/email-protection#01726e716968602f756e73736472416368602f666e77"><span class="__cf_email__" data-cfemail="d8abb7a8b0b1b9f6acb7aaaabdab98bab1b9f6bfb7ae">[email&#160;protected]</span></a>.

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.

[[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

[[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.

[[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

[[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.

William Henry Kirkland III,
Assistant Secretary--Indian Affairs.
[FR Doc. 2026-21473 Filed 10-20-26; 8:45 am]
BILLING CODE 4337-15-P


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