[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Notices]
[Pages 25516-25518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12278]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Salt River Pima-Maricopa Indian Community Alcoholic Beverage
Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This Notice is published in accordance with authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August
15, 1953, 67 Stat. 586, 18 U.S.C. Sec. 1161. I certify that amendment
of the Salt River Pima-Maricopa Indian Community Alcoholic Beverage
Control Ordinance, Resolution No. SR-1797-98, was duly adopted and
certified by the Salt River Pima-Maricopa Indian Community Council on
February 18, 1998. This Ordinance amends an earlier ordinance published
in Volume 38 of the Federal Register at page 3416. This Ordinance
provides for the regulation of the sale, possession and consumption of
liquor within the Salt River Pima-Maricopa Indian Community, under the
jurisdiction of the Salt River Pima-Maricopa Indian Community and is in
conformity with the laws of the State of Arizona.
DATES: This Ordinance is effective May 8, 1998.
FOR FURTHER INFORMATION CONTACT: Bettie Rushing, Division of Tribal
Government Services, 1849 C Street NW, MS 4603-MIB, Washington, D.C.
20240-4001; telephone (202) 208-3463.
SUPPLEMENTARY INFORMATION: The Tribal Liquor Ordinance for the Salt
River Pima-Maricopa Indian Community is to read as follows:
Salt River Pima-Maricopa Indian Community Alcoholic Beverage
Control Ordinance
1. Preamble
(a) Title. This Ordinance shall be known as the Salt River Pima-
Maricopa Indian Community Alcoholic Beverage Control Ordinance.
(b) Authority. This Ordinance is enacted pursuant to the Act of
August 15, 1953. (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Sec. 1161)
and Article VII of the Salt River Pima-Maricopa Indian Community
Constitution.
(c) Purpose. The purpose of this Ordinance is to regulate and
control the possession, consumption, and sale of liquor on the Salt
River Pima-Maricopa Indian Community. The enactment of an ordinance
governing liquor possession and sale on the reservation will increase
the ability of the Community government to control reservation liquor
distribution and possession, and at the same time will provide an
important source of revenue for the continued operation and
strengthening of the Community government and the delivery of Community
government services.
(d) Application of 18 U.S.C. Sec. 1161. All acts and transactions
under this Ordinance shall be in conformity with this Ordinance and in
conformity with the laws of the State of Arizona as that term is used
in 18 U.S.C. Sec. 1161.
(e) Effective Date. This Ordinance shall be effective upon the date
of its publication in the Federal Register.
2. Definitions
In this ordinance unless the context otherwise requires:
(a) Alcoholic Beverages means beer, wine or other spirituous
liquor.
(b) Community means the Salt River Pima-Maricopa Indian Community.
(c) License means a license issued pursuant to the provisions of
this ordinance.
(d) Licensed Premises or Premises means a place from which a
licensee is authorized to sell alcoholic beverages under the provisions
of this ordinance.
(e) Licensee means a person who has been authorized to sell
alcoholic beverages for consumption at a particular premise by the Salt
River Pima-Maricopa Indian Community.
(f) Person means a natural person or a corporation duly chartered
by a jurisdiction within the United States.
(g) Private Residence means a place where an individual or a family
maintains a habitation.
(h) Public Place means any place not a private residence and not
licensed for the possession of alcoholic beverages.
(i) Sell, Sold, Buy shall include furnish, dispose of, give,
receive or acquire.
3. Unlawful Acts
(a) It shall be unlawful for any person to deal with alcoholic
beverages in any manner not allowed by this Ordinance or the
regulations adopted under this Ordinance.
(b) It shall be unlawful for a licensee or other person to give,
sell or cause to be sold or otherwise distribute alcoholic beverages to
a person under the age of 21 years.
(c) It shall be unlawful to employ a person under the age of 21
years in any capacity connected with the handling of alcoholic
beverages.
(d) It shall be unlawful for a person under the age of 21 years to
buy, possess, or consume alcoholic beverages.
(e) It shall be unlawful for a licensee or an employee of a
licensee to consume alcoholic beverages on or about the licensed
premises during such periods such person is working at the licensed
premises.
(f) It shall be unlawful for a licensee or any other person to sell
alcoholic beverages to an intoxicated or disorderly person, or for a
licensee or employee of a licensee to allow or permit an intoxicated or
disorderly person to remain on the premises.
(g) It shall be unlawful for a licensee to sell alcoholic beverages
in any
[[Page 25517]]
manner not provided for by this ordinance or the licensee's license.
4. Lawful Commerce With Alcoholic Beverages
(a) Alcoholic beverages may be possessed and consumed only at
private residences and licensed premises, and may be transported in
unbroken containers to such places.
(b) Alcoholic beverages may be sold at licensed premises only under
the conditions under which the license is issued.
(c) The Community may from time to time issue licenses for the sale
of alcoholic beverages subject to the provisions of this ordinance and
the regulations adopted pursuant to this Ordinance.
5. Issuance of License, Regulation, Revocation, Fees, Hearings
(a) The Office of Alcohol Beverage Control (``Office'') is hereby
established. The director of the Office will be the Alcohol Beverage
Hearing Officer who will be responsible to the Community Manager and
whose duties may be delegated from time to time to assistant hearing
officers or other employees of the Office. All of the positions of the
Office will be filled and will be conducted in accordance with the
Community's established policies and procedures.
(b) Regulations--The Director of the Office shall propose for
adoption by the Salt River Pima-Maricopa Indian Community Council
regulations for the purpose of carrying out the provisions of this
ordinance. Such regulations shall:
(1) Establish a procedure for application for license through the
Office provision for public hearings before final decision by the
Alcohol Beverage Hearing Officer;
(2) Provide uniform standards of qualification for licensees;
(3) Determine the information required to be supplied by applicants
for license, and for the verification of such information. Applicants
shall include in the case of a corporation, all shareholders of more
than 5% of the corporate stock and all officers and directors of the
corporation; and in the case of a partnership, all of the partners;
(4) Establish the fee for an application, renewal application and
annual license provided that no such fee shall in the first year of
this ordinance exceed $1,500.00 or increase more than 5% per annum
thereafter;
(5) Establish hours within which premises may be open;
(6) Establish standards for operation of licensed premises and for
the audit of records to be supplied to the Community;
(7) Establish classes of licenses for the sale of (i) all alcoholic
beverages, (ii) only beer, (iii) only wine, or (iv) only beer and wine;
(8) Establish a procedure for revocation and suspension of licenses
which will be administered by the Alcohol Beverage Hearing Officer.
(c) Beverage restrictions--Licenses may only be issued for premises
operated under the following classifications as defined herein; and
such licenses may be restricted to the sale of (i) all alcoholic
beverages, (ii) only beer, (iii) only wine, or (iv) only beer and wine.
(d) Designated area--Licenses may be issued for premises located
only on land described on the Designated Area Map attached to this
ordinance and filed in the official records of the Community in the
Office of the Secretary. Additional land may be described as within the
``Designated Area'' by the enactment by the Community Council of an
ordinance amending the Designated Area Map.
(e) Premises which may be licensed--Licenses may only be issued for
premises as defined in this subsection (e) or its subparagraphs.
(1) Hotel-Motel License
(i) The Alcohol Beverage Hearing Officer may issue a hotel-motel
license to any hotel or motel that would qualify for a restaurant
license under the terms of a restaurant license and/or for the
operation of one or more bars in such hotel or motel provided that the
applicant is otherwise qualified to hold a license.
(ii) The holder of a hotel-motel license is authorized to sell and
serve alcoholic beverages solely for consumption on the licensed
premises. For the purpose of this section ``Licensed Premises'' shall
include all public bar rooms, public restaurant rooms and, private
banquet rooms supplied by the hotel-motel restaurant.
(iii) Restaurant'' means an establishment which derives at least forty
percent (40%) of its gross revenue from the sale of food.
(2) Casino License
(i) The Alcohol Beverage Hearing Officer may issue a casino license
to any casino authorized to operate as a casino by the Community.
(ii) The holder of a casino license is authorized to sell and serve
alcoholic beverages solely for consumption on the licensed premises.
For the purpose of this section ``licensed premises'' shall include all
public bar rooms, gaming areas, private banquet or meeting rooms and
restaurants and other food service facilities.
(3) Golf Course Club House License
(i) The Alcohol Beverage Hearing Officer may issue a Golf Course
Club House license to any Golf Course Club House.
(ii) The holder of a Golf Course Club House license is authorized
to sell and serve alcoholic beverages solely for consumption on the
licensed premises and only to patrons of the Golf Course Facility. For
the purpose of this section ``licensed premises'' shall include all
restaurant, bar and lounge facilities within the Golf Course Club
House. For purposes of this section, a ``Golf Course Club House'' means
a Club House located on a golf course.
(f) Issuance of Licenses, Hearings
(1) Licenses will be issued by the Director of the Office of
Alcohol Beverage Control after a hearing and upon a determination by
the Alcohol Beverage Hearing Officer that there has been a satisfactory
showing of the capability, qualifications and reliability of the
Applicant, and in the case of a corporation, its principal
stockholders, offices and directors, and of a partnership, its
partners, and that the public convenience requires and the best
interests of the Community will be substantially served by the issuance
of the license. The Salt River Pima-Maricopa Indian Community Police
Department shall, at the request of the President of the Community and
for the purposes of this subparagraph, do a criminal history background
check qualification on any applicant for a license under this
ordinance.
(2) The Alcohol Beverage Hearing Officer shall determine after a
hearing has been held whether and under what conditions a license shall
be issued. The hearing shall be announced by notice in the Community
newspaper. Notice shall be given no less than l0 days prior to such
hearing. The hearing shall be conducted by the Alcohol Beverage Hearing
Officer in an informal manner with rules adopted pursuant to this
ordinance calculated to assure full disclosure of all relevant
information. Professional attorneys shall not be permitted to represent
parties at any such hearing or hearings on appeal. The Alcohol Beverage
Hearing Officer shall hear all relevant issues and within 5 days after
the hearing is concluded shall issue a written decision. The decision
will contain the findings of fact relied on by the Alcohol Beverage
Hearing Officer for the decision as well as the decision. The findings
of fact and
[[Page 25518]]
decision shall be filed with the Clerk of the Salt River Pima-Maricopa
Indian Community Court and distributed within two (2) days after such
filing to the applicant, any other person who files a notice of
appearance with the Alcohol Beverage Hearing Officer before the hearing
is adjourned, and the Secretary of the Salt River Pima-Maricopa Indian
Community.
(3) A decision of the Alcohol Beverage Hearing Officer under
Section 5(f)(1) and (2) and 5(g) may be appealed to the Salt River
Pima-Maricopa Indian Community Court by the applicant, the Community,
or any Community member who has filed a notice of appearance.
(4) Appeals shall be taken from any decision of the Alcohol
Beverage Hearing Officer in the following manner:
(i) Notice of appeal. Written notice of appeal shall be given
within ten (10) days after the day the written and executed decision is
filed with the Clerk of the Salt River Pima-Maricopa Indian Community
Court. The notice of appeal shall state all the grounds for appeal
relied on by the appellant. The notice of appeal shall not be amended
once it is filed. The appellee may file a short written response to the
grounds for appeal within ten (10) days after the notice of appeal is
filed. The notice of appeal and response shall be mailed to the
opposing party on the day it is filed. If the appellant is the
applicant for the license, the appellee shall in all cases be the
Alcohol Beverage Hearing Officer. If the appellant is a person who
filed a notice of appearance or the Community, the appellee shall in
all cases be the applicant. In the event there is more than one Notice
of Appeal filed, the appeals shall be consolidated by the Clerk and
only one response shall be filed to the consolidated appeals.
(ii) Costs. There shall be posted with the Clerk of the Salt River
Pima-Maricopa Indian Community Court a cash fee of $25.00 to cover
court costs.
(iii) Grounds for appeal. The court shall determine the appeal upon
the findings of fact and decision entered in the case by the Alcohol
Beverage Hearing Officer.
(iv) Findings of fact. The findings of fact shall be presumed to be
without reversible error. The presumption may be overcome by a sworn
written statement presented to the court at the time of the filing of
the notice of appeal which establishes on the basis of the statement,
any one or more of the following grounds:
(A) That a witness ready and willing to testify at the time of the
hearing on behalf of the appellant was not allowed by the Alcohol
Beverage Hearing Officer to take the witness stand and testify, and
such testimony would have materially altered the decision of the
Alcohol Beverage Hearing Officer.
(B) That the Alcohol Beverage Hearing Officer refused to admit
documentary or other physical evidence, and such evidence would have
materially altered the decision of the Alcohol Beverage Hearing
Officer.
(C) That after the hearing the appellant discovered material
evidence which, with reasonable diligence, could not have been
discovered and produced at the hearing, and such evidence would have
materially altered the decision of the Alcohol Beverage Hearing
Officer. In the event the court finds the presumption is overcome
pursuant to this subsection, the court shall remand the case back to
the Alcohol Beverage Hearing Officer for the limited purpose of hearing
only the excluded or new evidence and any evidence presented in
rebuttal to such evidence. The hearing will be held within ten (10)
days after the order of the court has been filed and served upon the
appellants and appellee. At the conclusion of such remand hearing, the
Alcohol Beverage Hearing Officer shall, within ten (l0) days of the
hearing, make and enter such amended findings of fact and decision as
the Alcohol Beverage Hearing Officer determines that the evidence
adduced at the remand hearing requires. If the Alcohol Beverage Hearing
Officer determines that the prior findings of fact requires no
amendment, the Alcohol Beverage Hearing Officer will issue a decision
reaffirming its prior findings of fact and decision. The findings of
fact and decision will be transmitted to the court and such findings of
fact and decision will not be subject to a separate appeal.
(v) Decision. The court shall determine whether the decision is
supported by the findings of fact and the law. Any party to the case
may request an opportunity to appear before the court prior to its
decision to give the court such party's view of the case. The other
party or parties shall be given adequate notice of the hearing and an
opportunity to present such party's or parties' view of the case. Such
views shall be presented orally by the parties or their advocates and
shall only deal with the grounds relied on by the appellant as set out
in the notice of appeal. The hearing shall be limited to one hour and
the time will be equally divided between the appellant and the
appellee. If the court finds that the decision is incorrect, it shall
issue a new decision correctly stating the decision. Such decision
shall be final and not subject to rehearing, review or appeal.
(5) Records of application, permit and proceedings. A complete
record of all applications, actions taken thereon, and any licenses
issued shall be maintained by the Community and shall be open for
public inspection at the Office of Alcohol Beverage Control.
(g) Licenses shall be issued for a period of one year and are
renewable on application to the Office of Alcohol Beverage Control
which will renew on payment of renewal application fee and annual
license fee.
(h) Licenses issued under this ordinance are non-transferable
without the prior approval of the Alcohol Beverage Hearing Officer
after the application process has been completed.
(i) The Office of Alcohol Beverage Control, the Department of
Public Safety or the Community Manager may cite a licensee to appear
before the Alcohol Beverage Hearing Officer for a revocation hearing
upon allegations of violations under Section 2 hereof.
(j) Any license issued pursuant to this ordinance may be revoked or
suspended after a hearing before the Alcohol Beverage Hearing Officer
upon a finding that the licensee is operating the premises in violation
of this ordinance or the regulations adopted pursuant to it, or the
laws of the Community or that the license would not have been
originally issued had the facts in evidence at the time of any
revocation hearing been known at the time of the application for a
license.
6. Scope of Ordinance
Except for Article I and III of Chapter l4 of the Code of
Ordinances of the Salt River Pima-Maricopa Indian Community, this
Ordinance constitutes the entire law of the Community in regard to the
sale and/or distribution of alcoholic beverages within the Community.
7. Repeal of Ordinance
Article II of Chapter l4 of the Code of Ordinances of the Community
is repealed.
Dated: April 28, 1998.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 98-12278 Filed 5-7-98; 8:45 am]
BILLING CODE 4310-02-j
