[Federal Register Volume 66, Number 124 (Wednesday, June 27, 2001)]
[Notices]
[Pages 34233-34240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16106]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Santa Clara Pueblo Liquor Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This Notice publishes the Santa Clara Pueblo Liquor Code. The
Code regulates the control, possession, and sale of liquor on the Santa
Clara Pueblo trust lands, in conformity with the laws of the State of
New Mexico, where applicable and necessary. Although the Code was
adopted on May 8, 2001, it does not become effective until published in
the Federal Register because the failure to comply with the Code may
result in criminal charges.
DATES: This Code is effective on July 27, 2001.
FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal
Services, Division of Tribal Government Services, Branch of Tribal
Relations, 1849 C Street NW., MS 4631-MIB, Washington, DC 20240-4001;
telephone (202) 208-4400.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1954,
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
transaction in Indian country. The Santa Clara Pueblo Liquor Code,
Resolution No. 01-15, was duly adopted by the Tribal Council of the
Santa Clara Pueblo on May 8, 2001. The Santa Clara Pueblo, in
furtherance of its economic and social goals, has taken positive steps
to regulate retail sales of alcohol and use revenues to combat alcohol
abuse and its debilitating effects among individuals and family members
within
[[Page 34234]]
the reservation of the Santa Clara Pueblo.
This notice is being 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 by Resolution No. 01-15, the Santa Clara Pueblo
Liquor Code was duly adopted by the Tribal Council on May 8, 2001.
Dated: June 13, 2001.
James H. McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).
The Santa Clara Pueblo Liquor Code, Resolution No. 01-15, reads as
follows:
Liquor Code of the Santa Clara Pueblo Indians
Subchapter 1--General Provisions
Section 101. Findings
The Tribal Council finds as follows:
A. The introduction, possession and sale of alcoholic beverages
into Santa Clara Indian Lands has long been regarded as a matter of
special concern to the Pueblo, that bears directly on the health,
welfare and security of the Pueblo and its members.
B. Under federal law and New Mexico state law, and as a matter of
inherent tribal sovereignty, the question of to what extent and under
what circumstances alcoholic beverages may be introduced into and sold
or consumed within Santa Clara Indian Lands is to be decided by the
governing body of the tribe.
C. It is desirable that the Tribal Council legislate
comprehensively on the subject of the sale and possession of alcoholic
beverages within Santa Clara Indian Lands, both to establish a
consistent and reasonable tribal policy on this important subject, as
well as to facilitate economic development projects within Santa Clara
Indian Lands that may involve outlets for the sale and consumption of
alcoholic beverages.
D. It is the policy of the Tribal Council that the introduction,
sale and consumption of alcoholic beverages within Santa Clara Indian
Lands be carefully regulated so as to protect the public health, safety
and welfare, and that licensees be made fully accountable for
violations of conditions of their licenses and the consequences
thereof.
Section 102. Definitions
As used in this chapter, the following words shall have the
following meanings:
A. Pueblo or Tribe. Pueblo or Tribe means the Pueblo of Santa
Clara.
B. Tribal Council. Tribal Council or Council means the Tribal
Council of the Pueblo of Santa Clara.
C. Governor. Governor means the Governor of the Pueblo of Santa
Clara.
D. Administrator. Administrator means the Tax Administrator of the
Pueblo of Santa Clara.
E. Person. Person means any natural person, partnership,
corporation, joint venture, association, or other legal entity.
F. Sale. Sale or sell means any exchange, barter, or other transfer
of goods from one person to another for commercial purposes, whether
with or without consideration.
G. Liquor. Liquor or alcoholic beverage includes 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.
H. Licensee. Licensee means a person who has been issued a license
to sell alcoholic beverages on the licensed premises under the
provisions of this Liquor Code.
I. Licensed Premises. Licensed Premises means the location within
Santa Clara Indian Lands at which a licensee is permitted to sell and
allow the consumption of alcoholic beverages, and may, if requested by
the applicant and approved by the Tribal Council, include any related
or associated areas or facilities under the control of the licensee, or
within which the licensee is otherwise authorized to conduct business
(but subject to any conditions or limitations as to sales within such
area that may be imposed by the Governor in issuance of the license).
J. Santa Clara Indian Lands. Santa Clara Indian Lands means all
lands within the exterior boundaries of the Santa Clara Indian
Reservation, all lands within the exterior boundaries of the Santa
Clara Pueblo Grant, and all other lands owned by the Pueblo subject to
federal law restrictions on alienation or held by the United States for
the use and benefit of the Pueblo.
K. Special Event. Special Event means a bona fide special occasion
such as a fair, fiesta, show, tournament, contest, meeting, picnic or
similar event held on Santa Clara Indian Lands that is sponsored by an
established business or non-governmental organization, lasting no more
than 3 days. A special event may be open to the public or to a
designated group, and it may be a one-time event or periodic, provided,
however, that such events held more than four times a year by the same
business or organization shall not be deemed special events for
purposes of this Liquor Code.
L. Server. Server means an individual who sells, serves or
dispenses alcoholic beverages for consumption on or off licensed
premises, and including persons who manage, direct or control the sale
or service of such beverages.
M. Liquor Code. Liquor Code means the Santa Clara Pueblo Liquor
Code, this chapter.
Section 103. Sovereign Immunity Preserved
Nothing in the Liquor Code shall be construed as a waiver or
limitation of the sovereign immunity of the Pueblo.
Section 104. Initial Compliance
No person shall be disqualified from being issued a license under
the provisions of this Liquor Code, or shall be found to have violated
any provision of this Liquor Code, solely because such person, having
been duly authorized to engage in the sale of alcoholic beverages
within Santa Clara Indian Lands under the law as it existed prior to
enactment of this Liquor Code, continues to engage in such business
without a license issued under the provisions of this Liquor Code after
the effective date hereof, so long as such person complies with the
provisions of this section. Within 90 days after the effective date of
this Liquor Code (or within 30 days after receiving written notice from
the Pueblo of the enactment of the Liquor Code, whichever is later) any
person who is licensed to sell alcoholic beverages within Santa Clara
Pueblo Indian Lands under the law as it existed prior to the enactment
of this Liquor Code shall submit an application for a license under the
provisions of this Liquor Code. Upon the issuance of a license under
the provisions of this Liquor Code to such person, or upon the
rejection of an application for such license by such person, no license
issued by the State of New Mexico or issued under the provisions of any
prior law of the Pueblo that is held by such person, or that purports
to authorize the possession, sale or consumption of alcoholic beverages
on premises covered by a license issued (or a license application
rejected) under the provisions of this Liquor Code, shall have any
further validity or effect within Santa Clara Indian Lands.
[[Page 34235]]
Section 105. Severability
In the event any provision of this Liquor Code is held invalid or
unenforceable by any court of competent jurisdiction, the remainder of
the Code shall continue in full force and effect, notwithstanding the
invalidity or unenforceability of such provision, to the fullest extent
practicable.
Section 106. Issuance of Regulations
The Administrator shall have the authority to issue such
regulations, consistent with the provisions of this Liquor Code, as may
be helpful to the effective administration of the Liquor Code, provided
that such regulations shall be provided to the Tribal Council no less
than 90 days prior to their effective date. If the Council votes to
reject the regulations, or any particular provisions thereof, within
such 90-day time period, the regulations, or such provisions as were
rejected, shall not take effect.
Subchapter 2--Sale, Possession and Consumption of Alcoholic
Beverages
Section 121. Prohibition
The sale, introduction for sale, purchase, or other commercial
dealing in alcoholic beverages, except as is specifically authorized by
the Liquor Code, is prohibited within Santa Clara Indian Lands.
Section 122. Possession for Personal Use
Possession of alcoholic beverages for personal use shall be lawful
within Santa Clara Indian Lands only if such alcoholic beverages were
lawfully purchased from an establishment duly licensed to sell such
beverages, whether on or off Santa Clara Indian Lands, and are
possessed by a person or persons 21 years of age or older. Such
possession is otherwise prohibited.
Section 123. Transportation Through Reservation Not Affected
Nothing herein shall pertain to the otherwise lawful transportation
of alcoholic beverages through Santa Clara Indian Lands by persons
remaining upon public highways (or other paved public facilities for
motor vehicles) and where such beverages are not delivered, sold or
offered for sale to anyone within Santa Clara Indian Lands.
Section 124. Requirement of Pueblo License
No person shall sell any alcoholic beverage within Santa Clara
Indian Lands, or offer any such beverage for sale, unless such person
holds a license issued by the Pueblo under the provisions of this
chapter that is in effect, or unless such person holds a license
authorizing such sales issued by the State of New Mexico that is in
effect, and such person has not received notice of the enactment of
this Liquor Code under the provisions of section 104 of this chapter.
Section 125. All Sales for Personal Use
No person licensed to sell alcoholic beverages within Santa Clara
Indian Lands shall sell any such beverage for resale, but all such
sales shall be for the personal use of the purchaser. Nothing herein
shall prohibit a duly licensed wholesale dealer in alcoholic beverages
from selling and delivering such beverages to properly licensed
retailers within Santa Clara Indian Lands, so long as such sales and
deliveries are otherwise in conformity with the laws of the State of
New Mexico and this Liquor Code, and so long as such wholesale dealer
registers with the Administrator and pays any taxes due on such sales.
Section 126. Package Sales and Sales of Liquor by the Drink Permitted
Sales of alcoholic beverages on Santa Clara Indian Lands may be in
package form or for consumption on the premises, or both, so long as
the seller is properly licensed by the Pueblo to make sales of that
type. No seller of alcoholic beverages shall permit any person to
consume, on premises where liquor by the drink is authorized to be
sold, any alcoholic beverages purchased elsewhere by the consumer.
Section 127. No Sales to Minors
No alcoholic beverages may be sold within Santa Clara Indian Lands
to any person under the age of 21 years.
Section 128. Hours and Days of Sale
A. Alcoholic beverages may be sold, offered for sale, delivered or
consumed on licensed premises within Santa Clara Indian Lands, other
than at gaming establishments, only during the following days and
hours:
(1) On Mondays through Fridays between the hours of 10:00 a.m. and
12:00 midnight;
(2) On Saturdays, from 12:01 a.m. until 2:00 a.m., and from 10:00
a.m. until 12:00 midnight; and
(3) On Sundays, from 12:01 a.m. until 2:00 a.m., and from 2:00 p.m.
until midnight; provided, however, that between midnight and 10:00 a.m.
such sales shall only be for consumption on the premises, regardless of
what type of license is held by the gaming establishment.
B. At any gaming establishment licensed as such by Santa Clara
Gaming Commission, that is also a licensed premises within the meaning
of this Liquor Code, alcoholic beverages may be sold, offered for sale,
delivered or consumed on Mondays through Saturdays from 10:00 a.m.
until 2:00 a.m. of the following morning (provided, however, that after
midnight such sales shall only be for consumption on the premises,
regardless of what type of license is held by the gaming
establishment), and on Sundays from 12:00 noon until midnight (except
that the Tribal Council may authorize such sales for consumption on the
premises from 12:01 a.m. until 2:00 a.m. on a Monday following a Sunday
that is a recognized holiday).
Section 129. Sales on Election Day
No sales of alcoholic beverages shall be permitted to any person
within Santa Clara Indian Lands on any tribal, State or Federal
election day, from closing time the night before until 1 hour after the
polls are closed.
Section 130. Other Prohibitions on Sales
The Tribal Council may, by duly enacted resolution, establish other
days on which or times at which sales or consumption of alcoholic
beverages are not permitted within Santa Clara Indian Lands, or
specified portions thereof. The Council shall give notice of any such
enactment promptly to all licensees within Santa Clara Indian Lands. In
addition, the Governor of the Pueblo may, in the event of a bona fide
emergency, and by written order, prohibit the sale of any alcoholic
beverages within Santa Clara Indian Lands, or any specified portions
thereof, for a period of time not to exceed 48 hours. The Governor
shall give prompt notice of such emergency order to all licensees
within Santa Clara Indian Lands. No such emergency order may extend
beyond 48 hours, unless during that time the Tribal Council meets and
determines by resolution that the emergency requires a further
extension of such order.
Section 131. Location of Sales
No person licensed to sell alcoholic beverages within Santa Clara
Indian Lands shall make such sales except at the licensed premises
specifically designated in such license. No person holding only a
premises license shall permit alcoholic beverages purchased from such
licensee for consumption on the premises to be consumed off of the
licensed premises.
[[Page 34236]]
Section 132. Sales To Be Made by Adults
No person shall take any order, make any delivery, or accept
payment for any sale of alcoholic beverages within Santa Clara Indian
Lands, or otherwise have any direct involvement in any such sale, who
is less than 21 years of age.
Section 133. All Sales Cash
No licensee shall make any sale of any alcoholic beverages within
Santa Clara Indian Lands without receiving payment therefor by cash,
check or credit card at or about the time the sale is made; provided,
that nothing herein shall preclude a licensee from receiving a delivery
of alcoholic beverages from a duly authorized wholesaler where
arrangements have been made to pay for such delivery at a different
time; and provided further that nothing herein shall preclude a
licensee from allowing a customer to purchase more than one alcoholic
beverage in sequence, and to pay for all such purchases at the
conclusion thereof, so long as payment is made in full before the
customer has left the licensed premises; and provided further that
nothing herein shall prevent a licensee from distributing alcoholic
beverages to customers without charge, so long as such distribution is
not otherwise in violation of any provision of this Liquor Code.
Section 134. Nuisances Prohibited
No licensee shall knowingly conduct its business in such a
location, or in such a manner, or at such times of day or night, as to
amount to a nuisance, in that such activity is injurious to public
health, safety or morals, or interferes with the exercise and enjoyment
of public rights, including the right to use public property.
Subchapter 3--Licensing and Regulation
Section 151. Requirement of License
Any person proposing to sell, offer for sale, store or possess, for
commercial purposes, any alcoholic beverages, or to maintain commercial
premises for the consumption of alcoholic beverages, within Santa Clara
Indian Lands, who is not licensed to engage in such business under the
laws of the State of New Mexico and has not received notice of the
enactment of this Liquor Code under the provisions of section 104 of
this chapter, must be duly licensed under the provisions of this Liquor
Code.
Section 152. Classes of Licenses
The following types or classes of licenses for the sale or
distribution of alcoholic beverages within Santa Clara Indian Lands
shall be permitted:
A. Package license, which shall authorize the licensee to store,
possess, sell and offer for sale alcoholic beverages in sealed
containers, for consumption only off of the licensed premises.
B. Premises license, which shall authorize the licensee to store,
possess and sell alcoholic beverages in open containers, for
consumption on the licensed premises only, and to permit such
consumption on the licensed premises only.
C. Special event license, which shall authorize the licensee to
possess, distribute, sell and offer for sale alcoholic beverages for
consumption only on the licensed premises, and to permit such
consumption on the licensed premises only, but only for a bona fide
special event, and only during the period or periods specified in such
license, which period or periods shall be limited to the periods during
which the special event is occurring and from beginning to end shall
not exceed 72 hours.
Section 153. Prohibited Zone
Notwithstanding any other provision of this chapter, no license
shall be issued under the provisions of this Liquor Code for any
location as the proposed licensed premises that is within the
geographical area encompassed by sections 9, 10, 15 and 16, Township 20
North, Range 8 East, New Mexico Principal Meridian, and the area
located south of said sections 15 and 16, bounded on the east by the
Rio Grande and on the west by the right-of-way line for NM Rte. 30, to
the south boundary of the Santa Clara Pueblo Grant. The area described
herein from which licenses are excluded is hereinafter referred to as
the Prohibited Zone.
Section 154. Qualifications for License
A. No person shall be entitled to be issued a license under the
provisions of this Liquor Code who has previously been the subject of
any proceeding resulting in the revocation of any license for the sale
of alcoholic beverages issued by the Pueblo or by any state or other
jurisdiction, or who has been convicted of any felony in any
jurisdiction involving theft, dishonesty, corruption, embezzlement or
violation of laws regulating the sale, possession and use of alcoholic
beverages, or who (if a natural person) has not at the time the
application for license is submitted attained the age of 25 years, or
who is otherwise determined by the Pueblo to be unfit to be licensed to
sell alcoholic beverages, or (if a natural person) whose spouse is a
person not qualified to hold a license under the provisions of this
section.
B. No partnership, corporation or other legal entity shall be
entitled to be issued a license under the provisions of this Liquor
Code if any individual occupying any management or supervisory position
within such entity, or who sits on the management committee or board of
directors or trustees thereof, or who holds or controls a financial
interest of 10 percent or more in such entity, is a person who would
not be entitled to be issued a license under the provisions of this
section.
C. No person shall be entitled to be issued a package or premises
license hereunder unless such person owns, or has an approved lease or
other valid interest in, land within Santa Clara Indian Lands, is
lawfully entitled to engage in a business on such land with which such
license would be compatible, and can demonstrate that such person is
otherwise capable of complying with all of the requirements imposed on
licensees by this Liquor Code.
D. An applicant for a package or premises license hereunder,
including, if the applicant is not a natural person, each principal in
the applicant entity who will have any direct involvement in the
proposed business, must have successfully completed within the 3 years
preceding the date of the application an alcohol server education
program and examination that is approved by the director of the New
Mexico Alcohol and Gaming Division.
E. Notwithstanding anything in this section to the contrary, the
Pueblo and its wholly owned commercial entities shall be entitled to be
issued licenses hereunder upon application therefor to the
Administrator, provided that all other provisions of this Liquor Code
are complied with.
Section 155. Package and Premises License Application, Procedure, Fees
A. Every person seeking a package or premises license under the
provisions of this Liquor Code (other than the Pueblo or any of its
wholly owned commercial entities) shall submit to the Administrator a
written application, under oath, in the form prescribed by and
containing the information required by this section.
B. If the applicant is a natural person, the application shall
contain, at a minimum, all of the following information:
(1) The full legal name of the applicant, plus any other names
under
[[Page 34237]]
which the applicant has been known or done business during the previous
20 years, and the applicant's date and place of birth, as shown by a
certified copy of the applicant's birth certificate;
(2) The applicant's current legal residence address and business
address, if any, and every residence address that the applicant has
maintained during the previous 10 years, with the dates during which
each such address was current;
(3) The trade name, business address and description of every
business in which the applicant has engaged or had any interest (other
than stock ownership or partnership interest amounting to less than 5
percent of total capital) during the previous 10 years, and the dates
during which the applicant engaged in or held an interest in any such
business;
(4) A listing of every other jurisdiction in which the applicant
has ever applied for a license to sell or distribute alcoholic
beverages, the date on which each such application was filed, the name
of the regulatory agency with which the application was filed, the
action taken on each such application, and if any such license was
issued, the dates during which it remained in effect, and as to each
such license a statement whether any action was ever taken by the
regulatory body to suspend or revoke such license, with full dates and
details of any such incident;
(5) A listing of every crime with which the applicant has ever been
charged, other than routine traffic offenses (but including any charge
of driving while intoxicated or the like), giving as to each the date
on which the charge was made, the location, the jurisdiction, the court
in which the matter was heard, and the outcome or ultimate disposition
thereof;
(6) The name and address of every person or entity holding any
security interest in any of the assets of the business to be conducted
by the applicant, or in any of the proceeds of such business;
(7) A detailed plat of the applicant's business premises within
Santa Clara Indian Lands including the floor plans of any structure and
the details of any exterior areas intended to be part of the licensed
premises, together with evidence of the applicant's right to conduct
business on such premises;
(8) A detailed description of the business conducted or intended to
be conducted on the licensed premises, and including (but not limited
to) hours of operation and number of employees; and
(9) The type(s) of license(s) requested.
C. If the applicant is a corporation, the corporation, each officer
of the corporation and every person holding 10 percent or more of the
outstanding stock in the corporation shall submit an application
complying with the provisions of paragraph B of this section, and in
addition, the applicant shall also submit the following:
(1) A certified copy of its Articles of Incorporation and Bylaws;
(2) The names and addresses of all officers and directors and those
stockholders owning 5 percent or more of the voting stock of the
corporation, and the amount of stock held by each such stockholder;
(3) The name of the resident agent of the corporation who would be
authorized to accept service of process, including orders and notices
issued by the Pueblo, and who will have principal supervisory
responsibility for the business to be conducted on the licensed
premises; and
(4) Such additional information regarding the corporation as the
Administrator may require to assure a full disclosure of the
corporation's structure and financial responsibility.
D. If the applicant is a partnership, the partnership, the managing
partner and every partner having an interest amounting to 10 percent or
more of the total equity interest in the partnership shall submit an
application complying with the provisions of paragraph B of this
section, and in addition, the applicant shall submit the following:
(1) A certified copy of the Partnership Agreement;
(2) The names and addresses of all general partners and of all
limited partners contributing 10 percent or more of the total value of
contributions made to the limited partnership or who are entitled to 10
percent or more of any distributions of the limited partnership;
(3) The name and address of the partner, or other agent of the
partnership, authorized to accept service of process, including orders
and notices issued by the Pueblo, and who will have principal
supervisory responsibility for the business to be conducted in the
licensed premises; and
(4) Such additional information regarding the partnership as the
Administrator may require to assure a full disclosure of the
partnership's structure and financial responsibility.
E. Every applicant who is a natural person, and every person
required by paragraphs C or D of this section to comply with the
provisions of paragraph B, shall also submit with the application a
complete set of fingerprints, taken under the supervision of and
certified to by an officer of an authorized law enforcement agency
located within the State of New Mexico.
F. The applicant shall also submit proof that applicant, if a
natural person, and every person who will be directly involved in the
sale or service of alcoholic beverages as part of the applicant's
business, has successfully completed, within the 3 years next preceding
the date of the application, an alcohol server education program and
examination approved by the director of the New Mexico Alcohol and
Gaming Division.
G. Every applicant for either a package license or a premises
license shall submit with the completed license application a non-
refundable license processing fee, in the amount set forth below:
Package license--$5,000.00
Premises license--$1,000.00
In addition, each such applicant shall pay a fee to cover the cost
of a background investigation, in an amount to be set by the
Administrator from time to time, but which shall not exceed the sum of
$1000.00.
H. Upon receiving a completed license application together with the
required fees, the Administrator shall cause a background investigation
to be performed of the applicant, to determine whether the applicant is
qualified to be licensed under the provisions of this Liquor Code. Upon
the written recommendation of the Administrator (if requested by the
applicant), the Tribal Council may, in its discretion, approve the
issuance of a preliminary license to the applicant effective for a
period of no more than 90 days, but which shall be renewable for one
additional period of 90 days in the event the background investigation
cannot be completed within the first 90-day period; provided, however,
that in no event shall the issuance of a preliminary license, or the
renewal of such license for an additional 90-day period, entitle the
applicant to favorable consideration with respect to the application
for a package or premises license.
I. The Pueblo or any of its wholly owned commercial entities may
apply for a package or premises license by submitting an application to
the Administrator identifying the applicant, describing in detail the
purpose of the license, including a detailed description of the
proposed licensed premises, and including the appropriate fee as set
forth in Paragraph G of this section.
Section 156. Action on Application
A. Upon making a determination that an applicant for a package or
premises license satisfies the requirements of this chapter, the
Administrator shall prepare a written recommendation for the
[[Page 34238]]
issuance of such license, setting forth sufficient information about
the applicant, the proposed business, and any other matters deemed
relevant by the Administrator, to enable the Tribal Council to evaluate
the merits of the license, together with any and all supporting data
deemed suitable by the Administrator. The recommendation shall include
a detailed description of the proposed leased premises, and any
limitations or conditions the Administrator recommends be included in
the license. The Administrator shall deliver the recommendation to the
Governor, who shall place the matter on the agenda for the Tribal
Council's next regular meeting that is at least 15 days after the
recommendation was received by the Governor, and shall give written
notice thereof to the Administrator and the applicant, and to the
public. The Governor shall provide a complete copy of the
Administrator's recommendation, with all supporting documentation, to
each member of the Tribal Council, by no later than 10 days before the
meeting at which the matter is to be heard.
B. The Tribal Council shall take up the Administrator's
recommendation at its next regular meeting. The Administrator shall
explain the application and the basis for his or her recommendation,
and the applicant shall be permitted to speak in favor of the
application. Any interested member of the public may also be heard on
the matter. The Tribal Council shall vote either to approve or deny the
application, and if it votes to approve the license, it shall specify
whether the Administrator's recommendations as to the description of
the licensed premises and any limitations or conditions on the license
are accepted, rejected, or modified, and may add any additional
limitations or conditions it deems appropriate.
C. If the Administrator concludes that the applicant is not
qualified for a license under the provisions of section 154 of this
chapter, or that the application is otherwise not allowable under the
provisions of this chapter, he or she shall give written notice to the
applicant that the license is rejected, by certified mail, return
receipt requested. The applicant may appeal that decision to the Tribal
Council, by delivering written notice of such appeal to the office of
the Governor, with a copy to the Administrator, within 30 days of the
date the notice of rejection was received. Upon receipt of the notice
of appeal, the Governor shall set the matter for hearing before the
Tribal Council at a regular meeting that is no less than 30 days, but
no more than 45 days, from the date of receipt of the notice. The
Governor shall send written notice to the applicant and the
Administrator of the date and time the appeal is to be heard, and shall
give such notice to the public.
D. By no less than 15 days before the hearing, the Administrator
shall prepare and submit to the Governor a report explaining in detail
the basis for his or her decision to reject the application, to which
shall be attached the complete application submitted by the applicant
and any additional information concerning the application obtained by
the Administrator. By the same deadline, the applicant may submit to
the Governor its argument in support of the application, together with
such documents as the applicant deems relevant. The Governor shall
provide each member of the Council with complete copies of both
submissions by no less than 10 days before the date of the hearing.
E. At the hearing on the applicant's appeal, the applicant or its
representative shall present argument in favor of the application, and
the Administrator or his or her representative shall present argument
in favor of the Administrator's decision. The Council may permit
members of the public to speak. The Council shall vote either to uphold
or reverse the Administrator's decision on the application. If the
Council votes to reverse the decision, and to approve the application,
it shall further determine whether any limitations or conditions should
be attached to the license.
F. In the event the Council approves the issuance of a license, the
Administrator shall issue the license forthwith, incorporating therein
any limitations or conditions thereon approved by the Tribal Council.
Section 157. Term, Renewal, Fee
A. Each package or premises license issued hereunder shall have a
term of 1 year from the date of issuance, provided that such license
shall be renewable for additional periods of 1 year each by any
licensee who has complied fully with the terms and provisions of the
license and of this Liquor Code during the term of the license, and who
remains fully qualified to be licensed under the provisions of section
154 of this chapter. A licensee who is eligible for renewal of his or
her license shall submit to the Administrator an application for
renewal on a form specified by the Administrator, together with proof
that the licensee and each person employed by the licensee as a server
has successfully completed, within the past 5 years, an alcohol server
education program and examination approved by the director of the New
Mexico Alcohol and Gaming Division, and a license renewal fee in the
amount of $500.00, no less than 30 days prior to the expiration date of
the license.
B. The failure to submit a timely renewal application, with the
required fee, may subject the licensee to a late charge of $500.00. If
the renewal application is not submitted prior to expiration of the
license, the Administrator may treat the license as having expired, and
may require the licensee to file a new application in compliance with
section 155 of this chapter.
C. The Administrator may, in his or her discretion, conduct an
update on the applicant's background investigation prior to acting on
any renewal application, and the Administrator shall update such
investigation prior to issuing a third renewal of a license since the
last such investigation was performed, or if the Administrator has
acquired information indicating that the applicant is not qualified for
a license under the provisions of section 154 of this chapter. Whenever
any such investigation is performed, the Administrator shall require
the applicant to pay an additional fee to cover the costs of such
investigation, in an amount to be determined by the Administrator but
in no event in excess of the sum of $1000.00.
D. The Administrator may refuse to approve a renewal of a license
in the event a background investigation reveals facts that would
disqualify the applicant from being licensed under this Liquor Code, or
if the Administrator determines that the licensee has operated in a
manner violative of the provisions of this chapter. In that event, the
applicant shall have the right to appeal the Administrator's decision
to the Tribal Council, which appeal shall be governed by and conducted
in accordance with the same requirements and procedures that apply an
appeal of a denial of an original application, as set forth in section
156(C), (D), and (E) of this chapter.
Section 158. Conditions of License
No licensee shall have any property interest in any license issued
under the provisions of this Liquor Code, and every such license shall
be deemed to confer a non-transferable privilege, revocable by the
Pueblo in accordance with the provisions of this chapter. The continued
validity of every package and premises license issued hereunder shall
be dependent upon the following conditions:
A. Every representation made by the licensee and any of its
officers,
[[Page 34239]]
directors, shareholders, partners or other persons required to submit
information in support of the application, shall have been true at the
time such information was submitted, and shall continue to be true,
except to the extent the licensee advises the Administrator in writing
of any change in any such information, and notwithstanding any such
change, the licensee shall continue to be qualified to be licensed
under the provisions of this Liquor Code.
B. The licensee shall at all times conduct its business on Santa
Clara Indian Lands in full compliance with the provisions of this
Liquor Code and with the other laws of the Pueblo.
C. The licensee shall maintain in force, public liability insurance
covering the licensed premises, insuring the licensee and the Pueblo
against any claims, losses or liability whatsoever for any acts or
omissions of the licensee or of any business invitee on the licensed
premises resulting in injury, loss or damage to any other party, with
coverage limits of at least $1 million per injured person, and the
Administrator shall at all times have written evidence of the continued
existence of such policy of insurance.
D. The licensee shall be lawfully entitled to engage in business
within Santa Clara Indian Lands, and shall have paid all required
rentals, assessments, taxes, or other payments due the Pueblo.
E. The business conducted on the licensed premises shall be
conducted by the licensee or its employees directly, and shall not be
conducted by any lessee, sublessee, assignee or other transferee, nor
shall any license issued hereunder or any interest therein be sold,
assigned, leased or otherwise transferred to any other person.
F. All alcoholic beverages sold on the licensed premises shall have
been obtained from a New Mexico licensed wholesaler, that is registered
with the Administrator as provided in section 125 of the Liquor Code.
G. No person shall be employed by the licensee as a server who has
not, within the past 5 years, successfully completed an alcohol server
education program and examination approved by the director of the New
Mexico Alcohol and Gaming Division.
H. No licensee shall sell, serve or deliver any alcoholic beverage
to a customer through a drive-up window, or otherwise to a customer who
at the time of the transaction is in a motor vehicle.
I. By having applied for and obtained a license hereunder, the
licensee shall be deemed to have submitted to the jurisdiction of the
Tribal Court of the Pueblo with respect to any action brought by the
Pueblo or any of its agencies or offices to enforce the provisions of
this Liquor Code or any other provision of tribal law, or by any person
claiming to have suffered loss or damage due to any act or omission of
the licensee in the course of the conduct of its business on Santa
Clara Indian Lands.
Section 159. Sanctions for Violation of License
A. Upon determining that any person licensed by the Pueblo to sell
alcoholic beverages under the provisions of the Liquor Code is for any
reason no longer qualified to hold such license under the provisions of
section 154 of the Liquor Code, or has violated any of the conditions
set forth in section 158, the Administrator shall immediately serve
written notice upon such licensee directing that he show cause within
10 calendar days why his license should not be suspended or revoked, or
a fine imposed, or both. The notice shall specify the precise grounds
relied upon and the action proposed.
B. If the licensee fails to respond to such notice within 10
calendar days of service of such notice, the Administrator shall issue
an order suspending the license for such period as the Administrator
deems appropriate, or revoking the license, effective immediately, or
imposing a fine, in such amount as the Administrator deems reasonable.
The licensee may request a hearing on such notice, by filing a written
response and a request for hearing, within the 10-day period, with the
Administrator and with the Clerk of the Santa Clara Tribal Court. The
hearing shall be held before the Tribal Court, no later than 30
calendar days after receipt of such request, unless the Court for good
cause extends such time period.
C. At the hearing, the Administrator shall have the burden to prove
facts supporting the contentions set forth in the notice, and
justifying the sanctions proposed in the notice. The licensee shall
have the right to present its evidence in response.
D. The Court after considering all of the evidence and arguments
shall issue a written decision, within 15 days after the hearing
concludes, either upholding the proposed action of the Administrator,
modifying such action by imposing some lesser penalty, or ruling in
favor of the licensee, and such decision shall be final and conclusive.
Section 160. Special Event License
A. Any established business or any non-governmental organization
that includes any member of the Pueblo, that has authority to conduct
any activities within Santa Clara Indian Lands and that is not a
licensee hereunder, may apply to the Administrator for a special event
license, which shall entitle the applicant to distribute alcoholic
beverages, whether or not for consideration, in connection with a bona
fide special event to be held by the applicant within Santa Clara
Indian Lands. Any such application must be filed in writing, in a form
prescribed by the Administrator, no later than 45 calendar days prior
to the event, must be accompanied by a fee in the amount of $50.00, and
must contain at least the following information:
(1) The nature and purpose of the event, the identity of the
applicant and its relationship to the event, and a description of the
persons who are invited to participate in the event, including their
ages;
(2) The precise location within Santa Clara Indian Lands where the
event will occur, and where alcoholic beverages will be distributed, no
part of which shall be within the Prohibited Zone;
(3) The exact days and times during which the event will occur
(provided, that in no event shall any license be in effect for a period
exceeding 72 hours, from the beginning of the first day of the event
until the end of the last day);
(4) The nature of any food and beverages to be distributed, and the
manner in which such distribution shall occur;
(5) Details of all provisions made by the applicant for sanitation,
security and other measures to protect the health and welfare of
participants at the event;
(6) Certification that the event will be covered by a policy of
public liability insurance as described in section 158(C) of this
Liquor Code, that includes the Pueblo as a co-insured; and
(7) Any other information required by the Administrator relative to
the event.
B. The Administrator shall review the application, and shall
prepare a written recommendation as to whether the application should
be approved or denied, and whether it should be conditioned or limited
in any respect, by no later than 10 days following receipt of the
complete application, which recommendation, together with any
supporting documents, shall be delivered to the office of the Governor.
C. The Governor shall place the application on the agenda of the
next regular Tribal Council meeting that is at least 15 days after the
Administrator's recommendation is received, and shall give written
notice of the date and time of such meeting to the applicant and the
Administrator. The Governor shall
[[Page 34240]]
provide complete copies of the Administrator's recommendation to each
member of the Council by no later than 10 days before the meeting. The
Tribal Council shall hear presentations from the applicant and the
administrator on the application, and shall vote to approve or reject
the application. If the Council votes to approve the application, it
shall also decide whether the license should be conditioned or limited
in any fashion. If the application is approved, the Administrator shall
issue the license, including any conditions or limitations approved by
the Council, and specifying the hours during which and the premises
within which sales, distribution and consumption of alcoholic beverages
may occur.
D. Alcoholic beverages may be sold or distributed pursuant to a
special event license only at the location and during the hours
specified in such license, in connection with the special event, only
to participants in such special event, and only for consumption on the
premises described in the license. Such sales or distribution must
comply with any conditions imposed by the license, and with all other
applicable provisions of this Liquor Code. All such alcoholic beverages
must have been obtained from a New Mexico licensed wholesaler or
retailer.
Section 161. Display of License
Every person licensed by the Pueblo to sell alcoholic beverages
within Santa Clara Indian Lands shall prominently display the license
on the licensed premises during hours of operation.
Section 162. Alcoholism Treatment Tax
There is hereby imposed a tax, that is in addition to any other
applicable tax, in the amount of 2 percent of the gross receipts of
each licensee from sales of alcoholic beverages, which shall be paid
monthly by each licensee to the Administrator. The proceeds of this tax
shall be maintained by the Administrator in a special fund, which shall
be utilized solely to fund programs for the prevention and treatment of
alcoholism and related problems, as determined from time-to-time by the
Tribal Council. The Administrator may, by the issuance of appropriate
regulations, establish procedures for the enforcement of this section.
Subchapter 4--Offenses
Section 181. Purchase From or Sale to Unauthorized Persons
Within Santa Clara Indian Lands, no person shall purchase any
alcoholic beverage at retail except from a person licensed by the
Pueblo under the provisions of this title; no person except a person
licensed by the Pueblo under the provisions of this title shall sell
any alcoholic beverage at retail; nor shall any person sell any
alcoholic beverage for resale within Santa Clara Indian Lands to any
person other than a person properly licensed by the Pueblo under the
provisions of this chapter.
Section 182. Sale to Minors
A. No person shall sell or provide any alcoholic beverage to any
person under the age of 21 years.
B. It shall be a defense to an alleged violation of this section
that the purchaser presented to the seller an apparently valid
identification document showing the purchaser's age to be 21 years or
older, and that the seller had no actual or constructive knowledge of
the falsity of the identification document and relied in good faith on
its apparent validity.
Section 183. Purchase by Minor
No person under the age of 21 years shall purchase, attempt to
purchase or possess any alcoholic beverage.
Section 184. Sale to Person Under the Influence of Alcohol
No person shall sell any alcoholic beverage to a person who the
seller has reason to believe is under the influence of alcohol or who
the seller has reason to believe intends to provide such alcoholic
beverage to a person under the influence of alcohol.
Section 185. Purchase by Person Under the Influence of Alcohol
No person under the influence of alcohol shall purchase any
alcoholic beverage.
Section 186. Bringing Liquor Onto Licensed Premises
No person shall bring any alcoholic beverage for personal
consumption onto any premises within Santa Clara Indian Lands where
liquor is authorized to be sold by the drink, unless such beverage was
purchased on such premises, or unless the possession or distribution of
such beverages on such premises is otherwise licensed under the
provisions of this Liquor Code.
Section 187. Use of False or Altered Identification
No person shall purchase or attempt to purchase any alcoholic
beverage by the use of any false or altered identification document
that falsely purports to show the individual to be 21 years of age or
older.
Section 188. Penalties
A. Any person convicted of committing any violation of this chapter
shall be subject to punishment of up to 1 year imprisonment or a fine
not to exceed $5,000.00, or to both such imprisonment and fine.
B. Any person not a member of a federally recognized Indian tribe,
upon committing any violation of any provision of this chapter, may be
subject to a civil action for trespass, and upon having been determined
by the court to have committed the alleged violation, shall be found to
have trespassed upon the Lands of the Pueblo, and shall be assessed
such damages as the court deems appropriate in the circumstances.
C. Any person suspected of having violated any provision of this
chapter shall, in addition to any other penalty imposed hereunder, be
required to surrender any alcoholic beverages in such person's
possession to the officer making the arrest or issuing the complaint.
Section 189. Jurisdiction
Any and all actions, whether civil or criminal, pertaining to
alleged violations of this title, or seeking any relief against the
Pueblo or any officer or employee of the Pueblo with respect to any
matter addressed by this Liquor Code, shall be brought in the Tribal
Court of the Pueblo, which court shall have exclusive jurisdiction
thereof.
[FR Doc. 01-16106 Filed 6-26-01; 8:45 am]
BILLING CODE 4310-02-P