[Federal Register Volume 61, Number 153 (Wednesday, August 7, 1996)]
[Notices]
[Pages 41172-41177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19940]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Santa Ana Pueblo Liquor Code
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 by
Resolution No. 96-R-08, the Santa Ana Pueblo Liquor Code was duly
adopted by the Tribal Council of the Pueblo of Santa Ana on May 2.
1995. The Code provides for the regulation of the activities of the
regulation, manufacture, distribution, possession, sale and consumption
of liquor on the Santa Ana Pueblo Indian Reservation, under the
jurisdiction of the Pueblo of Santa Ana, and is in conformity with the
laws of the State of New Mexico.
DATES: This Code is effective as of August 7, 1996.
FOR FURTHER INFORMATION CONTACT: Chief, Branch of Judicial Services,
Division of Tribal Government Services, 1849 C Street N.W., MS 4603-
MIB, Washington, D.C. 20240-4001; telephone (202) 208-4401.
SUPPLEMENTARY INFORMATION: The Santa Ana Pueblo Liquor Code is to read
as follows:
Title 10: Licensing & Regulation
Chapter One: Liquor Code
Subchapter One: General Provisions
Section 101: Findings
The Tribal Council finds as follows:
A. The introduction, possession and sale of alcoholic beverages on
the Santa Ana Indian Reservation has, for a long time, been clearly
recognized as a matter of special concern to the Pueblo and its members
and to the United States; and
B. Under federal law and New Mexico state law, and as a matter of
inherent Tribal sovereignty, the question of when and to what extent
alcoholic beverages may be introduced into and sold or consumed within
the Santa Ana Indian Reservation is to be decided by the governing body
of the Tribe; and
C. It is desirable that the Tribal Council legislate
comprehensively on the subject of the sale and possession of alcoholic
beverages within the Santa Ana Indian Reservation, both to establish a
consistent and reasonable Tribal policy on this important subject, as
well as to facilitate economic development projects within the Santa
Ana Indian Reservation that may involve outlets for the sale and
consumption of alcoholic beverages; and
D. It is the policy of the Tribal Council that the introduction,
sale and consumption of alcoholic beverages within the Santa Ana Indian
Reservation 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'' means the Pueblo of Santa Ana.
B. ``Council'' means the Tribal Council of the Pueblo of Santa Ana.
C. ``Governor'' means the Governor of the Pueblo of Santa Ana.
D. ``Tribal Administrator'' means the Tribal Administrator of the
Pueblo of Santa Ana.
E. ``Person'' means any natural person, partnership, corporation,
joint venture, association, or other legal entity.
F. ``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'' 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'' means a person or entity that has been issued a
license to sell alcoholic beverages on the licensed premises under the
provision of this Liquor Code.
I. ``Licensed Premises'' means the location within the Santa Ana
Indian Reservation 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 Governor, include any related or
associated 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 Ana Indian Reservation'' means all lands within the
exterior boundaries of the Santa Ana Indian Reservation, all lands
within the exterior boundaries of the El Ranchito Grant and the Santa
Ana 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. ``Development Area'' means those lands within the Santa Ana
Indian Reservation that are situated west of the Rio Grande and that
abut State Road 44, State Road 528 or the Jemez Canyon Dam Road, but
does not include any lands within one mile of the intersection of State
Road 44 and the turnoff to the village of Tamaya (provided however,
that if such term is more specifically defined in a planning or zoning
statute or ordinance adopted by the Tribal Council, or in any
regulations issued under the authority of any such duly adopted
planning or zoning statute or ordinance, such definition shall
supersede and control the definition of such term set forth herein).
L. ``Special Event'' means a bona fide special occasion such as a
fair, fiesta, show, tournament, contest, meeting, picnic or similar
event within the Development Area, sponsored by an established business
or organization, lasting no more than three 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 may not be
deemed special events for purposes of this Liquor Code, in the
discretion of the Governor.
M. ``Liquor Code'' means the Santa Ana 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
[[Page 41173]]
provisions of this Liquor Code, or shall be found to have violated any
provision of this Chapter, solely because such person, having been duly
authorized to engage in the sale of alcoholic beverages within the
Santa Ana Indian Reservation 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, within 90 days after
such effective date (or within 30 days after receiving written notice
from the Pueblo of the enactment of the Liquor Code, whichever is
later) submits an application for such license in compliance with the
provisions of this Liquor Code, and a license is thereafter issued in
due course; provided, however, that upon the issuance of a license
under the provisions of this Liquor Code to any person or entity, or
upon the rejection of an application for such license by any person or
entity, 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 entity, 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 the Santa
Ana Indian Reservation.
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.
Subchapter Two: Sale, Possession And Consumption Of Alcoholic Beverages
Section 121: Prohibition
The sale, introduction for sale, purchase, or other dealing in
alcoholic beverages, except as is specifically authorized by the Liquor
Code, is prohibited within the Santa Ana Indian Reservation.
Section 122: Possession for Personal Use
Possession of alcoholic beverages for personal use shall be lawful
within the Santa Ana Indian Reservation only if such alcoholic
beverages were lawfully purchased from an establishment duly licensed
to sell such beverages, whether on or off the Santa Ana Indian
Reservation, 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 the Santa Ana Indian Reservation 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 the Santa Ana
Indian Reservation.
Section 124: Requirement of Pueblo License
No person shall sell any alcoholic beverage within the Santa Ana
Indian Reservation, or offer any such beverage for sale, unless such
person holds a license issued by the Pueblo under the provisions of
this Chapter.
Section 125: All Sales for Personal Use
No person licensed to sell alcoholic beverages within the Santa Ana
Indian Reservation 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 the Santa Ana Indian Reservation, so long as
such sales and deliveries are otherwise in conformity with the laws of
the State of New Mexico and this Liquor Code.
Section 126: Package Sales and Sales of Liquor by the Drink
Permitted
Sales of alcoholic beverages on the Santa Ana Indian Reservation
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
bring onto premises where liquor by the drink is authorized to be sold
any alcoholic beverages purchased elsewhere, unless such person is
otherwise licensed to possess or distribute such beverages on such
premises.
Section 127: No Sales to Minors
No alcoholic beverages may be sold within the Santa Ana Indian
Reservation to persons 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 the Santa Ana Indian Reservation,
other than at gaming establishments, only during the following days and
hours:
1. On Mondays through Saturdays, between the hours of 10:00 a.m.
and 12:00 midnight.
2. On Sundays, from 10:00 a.m. until midnight.
B. At any gaming establishment licensed as such by the Santa Ana
Gaming Regulatory 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 from 10:00 a.m. until 2:00 a.m.
on Mondays through Saturdays (provided, however, that after midnight
such sales shall only be for consumption on the premises, regardless
what type of license is held by the gaming establishment), and on
Sundays from 12:00 noon until midnight.
Section 129: Sales on Election Day
No sales of alcoholic beverages shall be permitted to any person
within the Santa Ana Indian Reservation on any Tribal, State or Federal
election day, until one (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 the Santa Ana Indian Reservation.
The Council shall give notice of any such enactment promptly to all
licensees within the Santa Ana Indian Reservation. 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
the Santa Ana Indian Reservation for a period of time not to exceed 48
hours. The Governor shall give prompt notice of such emergency order to
all licensees within the Santa Ana Indian Reservation. No such
emergency order may extend beyond 48 hours, unless during that time the
Tribal Council meets and determines that the emergency requires a
further exension of such order.
Section 131: Location of Sales
No person licensed to sell alcoholic beverages within the Santa Ana
Indian Reservation shall make such sales except at the licensed
premises specifically designated in such license. No person holding a
premises license shall permit consumption of alcoholic
[[Page 41174]]
beverages purchased from such licensee to occur off of the licensed
premises.
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 the Santa Ana Indian
Reservation, 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
the Santa Ana Indian Reservation 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.
Subchapter Three: Issuance of Licenses
Section 151: Requirement of License
Any person wishing to sell, offer for sale, store or possess for
commercial purposes, or maintain premises for the consumption of
alcoholic beverages within the Santa Ana Indian Reservation, 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 the Santa Ana Indian
Reservation shall be permitted:
A. Package license, which shall authorize the licensee to store,
possess, sell and offer for sale alcoholic beverages, for consumption
only off the licensed premises.
B. Premises license, which shall authorize the licensee to store,
possess and sell alcoholic beverages 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, 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: 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, corruption or embezzlement, or who has
not at the time the application for license is submitted attained the
age of 21 years, or who is otherwise determined by the Pueblo to be
unfit to be licensed to sell alcoholic beverages, or whose spouse is a
person not qualified to hold a license under the provisions of this
section.
B. No partnership or corporation 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
corporation or partnership, or who sits on the management committee or
board of directors or trustees thereof, or who holds or controls a
financial interest of ten percent or more in such partnership or
corporation, 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 has, by virtue of an approved
lease or other valid interest in lands within the Santa Ana Indian
Reservation, lawful entitlement to engage in a business within the
Development Area 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. No application for a package or premises license shall be issued
for any licensed premises outside of the Development Area.
E. Notwithstanding anything in this section to the contrary, the
Pueblo and its agencies, programs and enterprises shall be entitled to
be issued licenses hereunder in appropriate circumstances, provided
that all other provisions of this Liquor Code are complied with.
Section 154: 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
agencies, programs or enterprises) shall submit to the Tribal
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
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 ten 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
five percent of total capital) during the previous ten 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
[[Page 41175]]
applicant, or in any of the proceeds of such business.
7. A detailed plat of the business premises within the Development
Area, 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.
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% 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% 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.
4. Such additional information regarding the corporation as the
Tribal 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% or more
of the total equity interest in the partnership shall submit applicants
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% or more of the total value of
contributions made to the limited partnership or who are entitled to
10% 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.
4. Such additional information regarding the partnership as the
Tribal 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. 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
G. Upon receiving a completed license application together with the
required fee, the Tribal 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 Tribal
Administrator (if requested by the applicant), the Governor may, in his
discretion, issue 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.
H. The Pueblo or any of its agencies, programs or enterprises may
apply for a package or premises license by submitting an application to
the Tribal 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 F of this section.
Section 155: Issuance of License
Upon making a determination that an applicant for a package or
premises license satisfies the requirements of Section 153 of this
chapter, the Governor shall issue the license, authorizing the
applicant to engage in sales of alcoholic beverages within the Santa
Ana Indian Reservation as permitted by the class of license applied
for, and specifying in detail the licensed premises where such sales
are permitted (which shall be within the Development Area), but subject
also to all the terms and conditions of this Liquor Code, and to such
other appropriate conditions, not inconsistent with the provisions of
this Liquor Code, as the Governor may deem reasonable and necessary
under the circumstances.
Section 156: Term; Renewal; Fee
Each package or premises license issued hereunder shall have a term
of one (1) year from the date of issuance, provided that such license
shall be renewable for additional periods of one 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
153 of this Chapter, upon payment to the Pueblo of a license renewal
fee in the amount of the initial application fee, and submission of an
application for renewal on a form specified by the Tribal
Administrator, no less than thirty (30) days prior to the expiration
date of the license. The failure to submit 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 Tribal Administrator may treat the
license as having expired, and may require the licensee to file a new
application in compliance with Section 154 of this chapter.
Section 157: 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 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, 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 Tribal
Administrator in writing of any
[[Page 41176]]
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 the
Santa Ana Indian Reservation 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
Tribal Administrator shall at all times have written evidence of the
continued existence of such policy of insurance.
D. The licensee shall continue to have authority to engage in
business within the Development Area, 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 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.
G. The licensee shall submit 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 officials to enforce the provisions of this
Liquor Code.
Section 158: Sanctions for Violation of License
A. Upon determining that any person licensed by the Pueblo to sell
alcoholic beverages under the provisions of this chapter is for any
reason no longer qualified to hold such license under the provisions of
Section 153 hereof, or has violated any of the conditions set forth in
Section 157, the Governor shall immediately serve written notice upon
such licensee directing that he show cause within ten (10) calendar
days why his license should not be suspended or revoked, or a fine
imposed. The notice shall specify the precise grounds relied upon and
the action proposed.
B. If the licensee fails to respond to such notice within ten (10)
calendar days of service of such notice, the Governor shall issue an
order suspending the license for such period as the Governor deems
appropriate, or revoking the license, effective immediately, or
imposing a fine, in such amount as the Governor deems reasonable. If
the licensee, within the 10-day period, files with the Office of the
Governor a written response and request for a hearing before the Santa
Ana Tribal Court, such hearing shall be set no later than thirty (30)
calendar days after receipt of such request.
C. At the hearing, the licensee, who may be represented by counsel,
shall present evidence and argument directed at the issue of whether or
not the asserted grounds for the proposed action are in fact true, and
whether such grounds justify such action. The Pueblo may present such
other evidence as it deems appropriate.
D. The court after considering all of the evidence and arguments
shall issue a written decision either upholding the proposed action of
the Governor, modifying such action by imposing some lesser penalty, or
ruling in favor of the licensee, and such decision shall be final and
conclusive.
Section 159: Special Event License
A. Any person authorized to conduct business within the Development
Area, or any established organization (including any agency, department
or enterprise of the Pueblo) that includes any member of the Pueblo and
that has authority to conduct any activities within the Santa Ana
Indian Reservation, that is not a licensee hereunder and that has not
had an application for a license rejected, may apply to the Tribal
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 the Development Area. Any such application must
be filed in writing, in a form prescribed by the Tribal Administrator,
no later than ten (10) calendar days prior to the event, and must be
accompanied by a fee in the amount of $10.00, and must contain at least
the following information:
1. 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);
2. The precise location within the Development Area where the event
will occur, and where alcoholic beverages will be distributed;
3. The nature and purpose of the event, and the identity or
categories of persons who are invited to participate;
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 157(C) of this
Liquor Code, that includes the Pueblo as a co-insured, or that the
applicant will indemnify the Pueblo and hold it harmless from any
claims, demands, liability or expense as a result of the act or
omission of any person in connection with the special event.
7. Any other information required by the Tribal Administrator
relative to the event.
B. The Tribal Administrator, or the Governor, shall act to approve
or reject the application no later than three days following submission
of the application with the required fee. If the application is
approved, the Tribal Administrator or the Governor shall issue the
license, which shall specify the hours during which and the premises
within which sales, distribution and consumption of alcoholic beverages
may occur. If any application is rejected, the rejection shall indicate
the grounds therefor, and the applicant shall be entitled to file a new
application correcting any deficiencies or problems found in the
original application that warranted the rejection.
C. 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 160: Display of License
Every person licensed by the Pueblo to sell alcoholic beverages
within the Santa Ana Indian Reservation shall prominently display the
license on the licensed premises during hours of operation.
[[Page 41177]]
Subchapter Four: Offenses
Section 181: Purchase From or Sale to Unauthorized Persons
Within the Santa Ana Indian Reservation, 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 to any person other than a person
properly licensed by the Pueblo under the provisions of this title.
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.
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: Drinking in Public Places
No person shall consume any alcoholic beverage in any public place
within the Santa Ana Indian Reservation except on premises licensed by
the Pueblo for the sale of alcoholic beverages by the drink.
Section 187: Bringing Liquor Onto Licensed Premises
No person shall bring any alcoholic beverage for personal
consumption onto any premises within the Santa Ana Indian Reservation
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 188: Open Containers Prohibited
No person shall have an open container of any alcoholic beverage in
a public place, other than on premises licensed for the sale of
alcoholic beverages by the drink,or 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.
Section 189: 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 190: Penalties
A. Any person convicted of committing any violation of this Chapter
shall be subject to punishment of up to one (1) year imprisonment or a
fine not to exceed five thousand dollars ($5,000.00), or to both such
imprisonment and fine.
B. Any person not a member of the Pueblo, 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 191: 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.
Dated: July 31, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-19940 Filed 8-6-96; 8:45 am]
BILLING CODE 4310-02-U
