Pueblo of Santa Clara Liquor Ordinance; Amendments, 39446-39453 [2017-17534]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 82, Number 159 (Friday, August 18, 2017)]
[Notices]
[Pages 39446-39453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17534]



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DEPARTMENT OF THE INTERIOR



Bureau of Indian Affairs



[178A2100DD/AAKC001030/A0A501010.999900 253G]




Pueblo of Santa Clara Liquor Ordinance; Amendments



AGENCY: Bureau of Indian Affairs, Interior.



ACTION: Notice.



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SUMMARY: This notice publishes amendments to the Santa Clara Pueblo 

Liquor Code (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.



DATES: The amended Code becomes applicable September 18, 2017.



FOR FURTHER INFORMATION CONTACT: Ms. Patricia L. Mattingly, Tribal 

Government Officer, Southwest Regional Office, Bureau of Indian 

Affairs, 1001 Indian School Road NW., Albuquerque, New Mexico 87104, 

Phone: (505) 563-3446; Fax: (602) 563-3101.



SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 

Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 

Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 

the Interior shall certify and publish in the Federal Register notice 

of adopted liquor ordinances for the purpose of regulating liquor 

transactions in Indian country. The Santa Clara Pueblo Liquor Code, 

Resolution No. 2016-113, was duly adopted by the Tribal Council on 

September 12, 2016. The Santa Clara Pueblo, in furtherance of its 

economic and social goals, has taken positive steps to regulate retail 

sales of alcohol and use of revenues to combat alcohol abuse and its 

debilitating effects among individuals and family members within the 

reservation of 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 (Department of Interior-Departmental Manual, 209 DM 8). 

I certify that Resolution No. 2016-113, the Santa Clara Pueblo Liquor 

Code, was duly adopted by the Tribal Council on September 12, 2016. 

This Code amends the previous liquor code as published in the Federal 

Register on June 27, 2001 (66 FR 34233).



    Dated: July 13, 2017.

Michael S. Black,

Acting Assistant Secretary--Indian Affairs.

    The Santa Clara Pueblo Liquor Code is amended to read as follows:



CHAPTER 108--LIQUOR CODE



Subchapter 1: General Provisions.



Sec. 108.1 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



[[Page 39447]]



health, welfare and security of the Pueblo and its members; and

    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; and

    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; and

    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.



Sec. 108.2 Definitions



    As used in this chapter, the following words shall have the 

following meanings:

    A. ``Pueblo'' or ``Tribe'' means the Pueblo of Santa Clara.

    B. ``Tribal Council'' or ``Council'' means the Tribal Council of 

the Pueblo of Santa Clara.

    C. ``Governor'' means the Governor of the Pueblo of Santa Clara.

    D. ``Administrator'' means the Tax Administrator of the Pueblo of 

Santa Clara.

    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 who has been issued a license to 

sell alcoholic beverages on the licensed premises under the provisions 

of this Liquor Code.

    I. ``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'' 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'' 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 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 shall not be deemed special events for 

purposes of this Liquor Code.

    L. ``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'' means the Santa Clara Pueblo Liquor Code, this 

chapter.



Sec. 108.3 Sovereign Immunity



    Nothing in the Liquor Code shall be construed as a waiver or 

limitation of the sovereign immunity of the Pueblo.



Sec. 108.4 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.



Sec. 108.5 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.



Sec. 108.6 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.



Sec. 108.7 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.



[[Page 39448]]



Sec. 108.8 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.



Sec. 108.9 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.



Sec. 108.10 Requirement of Public 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.



Sec. 108.11 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.



Sec. 108.12 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, 

except that a restaurant holding a premises license may allow a 

customer who is ordering a meal, and who is legally entitled to consume 

alcoholic beverages, to bring onto the premises one or more bottles of 

wine that were legally acquired elsewhere and came from a New Mexico 

licensed wholesaler (but not to exceed one bottle per person at the 

table), for consumption with such customer's meal, provided that any 

such bottle is opened by an employee of the restaurant who is legally 

entitled to serve alcoholic beverages, and the restaurant may charge a 

corkage fee for each such bottle opened.



Sec. 108.13 No Sales to Minors



    No alcoholic beverages may be sold within Santa Clara Indian Lands 

to any person under the age of 21 years.



Sec. 108.14 Hours and Days of Sale



    Alcoholic beverages may be sold, offered for sale, delivered or 

consumed on licensed premises within Santa Clara Indian Lands every day 

during the following hours:

    A. From 8:00 a.m. until 12:00 midnight; and

    B. From 12:00 midnight of the previous day until 2:00 a.m.; 

provided, however, that any such sales made between 12:00 midnight and 

2:00 a.m. shall only be for consumption on the premises, and may only 

be made by a licensee holding a premises license.



Sec. 108.15 Sales on Election Day



    [Repealed.]



Sec. 108.16 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.



Sec. 108.17 Location of Sales, Consumption



    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; except that nothing herein shall prohibit a premises 

licensee that is a restaurant from permitting a customer who has 

purchased a bottle of wine with a meal, but only partially consumed the 

contents of such bottle, from taking the partially consumed bottle off 

of the premises, after such bottle has been recorked by the licensee 

and placed in a sealed bag, to which a receipt for the purchase of the 

bottle has been affixed.



Sec. 108.18 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.



Sec. 108.19 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, credit card or cash equivalent, such as, in the case of a 

licensee that is a gaming establishment, chips, or player's club points 

in accordance with policies of the licensee applicable to the 

redemption of such points, 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.



[[Page 39449]]



Sec. 108.20 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



Sec. 108.21 Requirement of License



    [Repealed.]



Sec. 108.22 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.



Sec. 108.23 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.''



Sec. 108.24 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 ten 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 three 

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.



Sec. 108.25 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 

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



[[Page 39450]]



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.

    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 

Administrator may require to assure a full disclosure of the 

corporation's structure and financial responsibility.

    D. If the applicant is a partnership, or a limited liability 

corporation (``LLC''), the partnership or LLC, the managing partner or 

manager and every person or entity having an interest amounting to 10% 

or more of the total equity interest in the partnership or LLC 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 or, in the case of 

an LLC, the Articles of Organization and Operating 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; and in the 

case of an LLC, the names and addresses of every person or entity 

holding an ownership interest of 10% or more.

    3. The name and address of the partner, manager or other agent of 

the partnership or LLC who or which is 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 or LLC as 

the Administrator may require to assure a full disclosure of the 

partnership's or LLC'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 three 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.



Sec. 108.26 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 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 fifteen 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 ten 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



[[Page 39451]]



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 108.24 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 thirty 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 thirty 

days, but no more than forty-five 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 fifteen 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 ten 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.



Sec. 108.27 Term; Renewal; Fee



    A. 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 108.24 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 five 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 thirty (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 108.25 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 108.24 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 

108.26 (C), (D), and (E) of this chapter.



Sec. 108.28 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, 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,



[[Page 39452]]



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.

    G. No person shall be employed by the licensee as a server who has 

not, within the past five 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.



Sec. 108.29 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 108.24 of the Liquor Code, or has violated any of the 

conditions set forth in Section 108.28, the Administrator shall 

immediately serve written notice upon such licensee directing that he 

show cause within ten 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 ten 

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 ten-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 fifteen 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.



Sec. 108.30 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 108.28 (C) of this 

Liquor Code, that includes the Pueblo as a co-insured.

    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 ten 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 fifteen 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 provide complete copies of the 

Administrator's recommendation to each member of the Council by no 

later than ten 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.



[[Page 39453]]



Sec. 108.31 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.



Sec. 108.32 Alcoholism Treatment Tax



    There is hereby imposed a tax, that is in addition to any other 

applicable tax, in the amount of two 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



Sec. 108.33 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.



Sec. 108.34 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.



Sec. 108.35 Purchase by Minor



    No person under the age of 21 years shall purchase, attempt to 

purchase or possess any alcoholic beverage.



Sec. 108.36 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.



Sec. 108.37 Purchase by Person Under the Influence of Alcohol



    No person under the influence of alcohol shall purchase any 

alcoholic beverage.



Sec. 108.38 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.



Sec. 108.39 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.



Sec. 108.40 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 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.



Sec. 108.41 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. 2017-17534 Filed 8-17-17; 8:45 am]

BILLING CODE 4337-15-P