Pueblo of Santa Ana Liquor Ordinance, 17903-17910 [E6-5045]
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Federal Register / Vol. 71, No. 67 / Friday, April 7, 2006 / Notices
stream miles/feet; (4) a description of
the specific conservation measures to be
completed; and (5) the responsibilities
of the Cooperator and the Applicant.
The Applicant would provide draft
copies of the Cooperative Agreement to
the Service for an opportunity to review
and concur with the recommended
management activities and conservation
measures. The Service would have a
period of 15 business days in which to
make comments on the Cooperative
Agreement. If no comments were made
within 15 business days, the Applicant
would proceed to finalize the
Cooperative Agreement. The Applicant,
as the Permittee, would be responsible
for annual monitoring and reporting
related to implementation of the SHA
and Cooperative Agreements and
fulfillment of provisions by the
Cooperators. As specified in the
proposed SHA, the Applicant would
issue yearly reports to the Service
related to implementation of the
program.
Each Cooperative Agreement would
cover conservation activities to create,
maintain, restore, or enhance habitat for
Lahontan cutthroat trout and achieve
species’ recovery goals. These actions,
where appropriate, could include (but
are not limited to): (1) Restoration of
riparian habitat and stream form and
function; (2) control of stocking rates for
livestock (number/density of animals
per unit area); (3) repair or installation
of fences to protect existing or created
habitat from human disturbance; (4)
establishment of riparian buffers; and
(5) installation of screens on irrigation
diversions as well as facilitation of the
implementation of other objectives
recommended by the Lahontan
Cutthroat Trout Recovery Plan. The
overall goal of Cooperative Agreements
entered into under the proposed SHA is
to produce conservation measures that
are mutually beneficial to the
Cooperators and the long-term existence
of Lahontan cutthroat trout.
Based upon the probable species’
response time for Lahontan cutthroat
trout to reach a net conservation benefit,
the Service estimates it will take 5 years
of implementing the planned
conservation measures to fully reach a
net conservation benefit; some level of
benefit would likely occur within a
shorter time period. Most Cooperative
Agreements under the proposed SHA
are expected to have at least 10 years’
duration.
After maintenance of the restored/
created/enhanced Lahontan cutthroat
trout habitat on the property for the
agreed-upon term, Cooperators may
then conduct otherwise lawful activities
on their property that result in the
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partial or total elimination of the habitat
improvements and the taking of
Lahontan cutthroat trout. However, the
restrictions on returning a property to
its original baseline condition include:
(1) The Cooperator must demonstrate
that baseline conditions were
maintained during the term of the
Cooperative Agreement and the
conservation measures necessary for
achieving a net conservation benefit
were carried out; (2) the Applicant and
the Service will be notified a minimum
of 30 days prior to the activity and given
the opportunity to capture, rescue, and/
or relocate any Lahontan cutthroat trout;
and (3) return to baseline conditions
must be completed within the term of
the Certificate of Inclusion issued to the
Applicant. Cooperative Agreements
could be extended if the Applicant’s
permit is renewed and that renewal
allows for such an extension.
The Service has made a preliminary
determination that approval of the
proposed SHA qualifies for a categorical
exclusion under NEPA, as provided by
the Department of Interior Manual (516
DM 2, Appendix 1 and 516 DM 6,
Appendix 1) based on the following
criteria: (1) Implementation of the SHA
would result in minor or negligible
effects on federally listed, proposed, and
candidate species and their habitats; (2)
implementation of the SHA would
result in minor or negligible effects on
other environmental values or
resources; and (3) impacts of the SHA,
considered together with the impacts of
other past, present and reasonably
foreseeable similarly situated projects,
would not result, over time, in
cumulative effects to environmental
values or resources which would be
considered significant. This is more
fully explained in our Environmental
Action Statement.
Based upon this preliminary
determination, we do not intend to
prepare further NEPA documentation.
The Service will consider public
comments in making its final
determination on whether to prepare
such additional documentation.
Decision
The Service provides this notice
pursuant to section 10(c) of the ESA and
pursuant to implementing regulations
for NEPA (40 CFR 1506.6). We will
evaluate the permit application, the
proposed SHA, and comments
submitted thereon to determine whether
the application meets the requirements
of section 10(a) of the ESA and NEPA
regulations. If the requirements are met,
the Service will sign the proposed SHA
and issue an enhancement of survival
permit under section 10(a)(1)(A) of the
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ESA to the Applicant for take of the
Lahontan cutthroat trout incidental to
otherwise lawful activities of the
project. The Service will not make a
final decision until after the end of the
30-day comment period and will fully
consider all comments received during
the comment period.
Dated: March 22, 2006.
Robert D. Williams,
Field Supervisor, Nevada Fish and Wildlife
Office, Reno, Nevada.
[FR Doc. E6–5091 Filed 4–6–06; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Santa Ana Liquor Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Pueblo of Santa Ana Liquor Ordinance.
The Ordinance regulates and controls
the possession, sale and consumption of
liquor within the Pueblo of Santa Ana
Indian Reservation. The Reservation is
located on trust land and this Ordinance
allows for possession and sale of
alcoholic beverages within the exterior
boundaries of the Pueblo of Santa Ana
Indian Reservation. This Ordinance will
increase the ability of the tribal
government to control the community’s
liquor distribution and possession, and
at the same time will provide an
important source of revenue for the
continued operation and strengthening
of the tribal government and the
delivery of tribal services.
DATES: Effective Date: This Ordinance is
effective on April 7, 2006.
FOR FURTHER INFORMATION CONTACT: Iris
A. Drew, Tribal Government Services
Officer, Southwest Regional Office, 1001
Indian School Road, NW., Albuquerque,
New Mexico 87104, Telephone: (505)
563–3530; Fax: (505) 563–3060; or
Ralph Gonzales, Office of Tribal
Services, 1951 Constitution Avenue,
NW., Mail Stop 320–SIB, Washington,
DC 20240, Telephone: (202) 513–7629.
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 Ana Tribal Council approved
amendments to its Liquor Ordinance by
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Resolution No. 05–R–54 on November
15, 2005. The purpose of this Ordinance
is to govern the sale, possession and
distribution of alcohol within the
Pueblo of Santa Ana Indian Reservation.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
Principal Deputy Assistant Secretary—
Indian Affairs. I certify that this Liquor
Ordinance of the Pueblo of Santa Ana
was duly adopted by the Tribal Council
on November 15, 2005.
Dated: March 31, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
The Pueblo of Santa Ana’s Liquor
Ordinance Reads as Follows
Title 10: Licensing & Regulation
Chapter One: Liquor Code
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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;
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;
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:
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A. ‘‘Council’’ means the Tribal
Council of the Pueblo of Santa Ana.
B. ‘‘Development Area’’ means those
lands within the Santa Ana Indian
Reservation that are situated west of the
Rio Grande and that abut U.S. Highway
550, State Road 528 or the Jemez
Canyon Dam Road, but does not include
any lands within one mile of the
intersection of U.S. Highway 550 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).
C. ‘‘Governor’’ means the Governor of
the Pueblo of Santa Ana.
D. ‘‘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).
E. ‘‘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.
F. ‘‘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.
G. ‘‘Liquor Code’’ means the Santa
Ana Pueblo Liquor Code, this Chapter.
H. ‘‘Person’’ means any natural
person, partnership, corporation, joint
venture, association, or other legal
entity.
I. ‘‘Pueblo’’ or ‘‘Tribe’’ means the
Pueblo of Santa Ana.
J. ‘‘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.
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K. ‘‘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.
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. ‘‘Server’’ means an individual who
sells, serves or dispenses alcoholic
beverages for consumption on or off
licensed premises, including any person
who manages, directs or controls the
sale or service of alcohol.
N. ‘‘Tribal Administrator’’ means the
Tribal Administrator of the Pueblo of
Santa Ana.
Section 103: Sovereign Immunity
Preserved
Nothing in the Liquor Code shall be
construed as a waiver or limitation of
the sovereign immunity of the Pueblo.
Section 104: Initial Compliance
No person shall be disqualified from
being issued a license under the
provisions of this Liquor Code, or shall
be found to have violated any provision
of this 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
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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.
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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 areas paved for motor vehicles)
and where such beverages are not
delivered, sold or offered for sale to
anyone within the Santa Ana Indian
Reservation.
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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
Alcoholic beverages may be sold,
offered for sale or consumed on licensed
premises within the Santa Ana Indian
Reservation at such hours as are
established by the Licensee, but
provided that in no event shall any such
sales or consumption occur between the
hours of 2 a.m. and 7 a.m. on any day.
Section 129: [Repealed]
Section 124: Requirement of Pueblo
License
No person shall sell any alcoholic
beverage within the Santa Ana Indian
Reservation at retail, or offer any such
beverage for sale at retail, unless such
person holds a license issued by the
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Pueblo under the provisions of this
Chapter.
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
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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 extension
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
beverages purchased from such licensee
to occur off of the licensed premises.
Section 132: Sales to Be Made by Adults
A. No person shall be employed as a
server at a licensed premises unless
within 30 days after such person’s
employment such person has obtained
alcohol server training equivalent to that
required under the laws of the State of
New Mexico.
B. No person shall be employed as a
server at a licensed premises who is less
than 21 years of age, except that a
premises licensee that operates a
restaurant or other facility that is held
out to the public as a place where meals
are prepared and served may employ
persons 19 years of age or older to sell
or serve alcoholic beverages to persons
who are also ordering food, provided
that no person under the age of 21 shall
be employed as a bartender by any
licensee within the Santa Ana Indian
Reservation.
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
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otherwise in violation of any provision
of this Liquor Code.
Subchapter Three: Issuance of Licenses
Section 151: Requirement of License
Any person who sells, offers for sale,
stores or possesses for commercial
purposes, or maintains 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 in unopened containers, 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, provided
that such license when held by an inn
or hotel shall also permit the licensee to
stock any individual guest room with
alcoholic beverages contained in a
locked compartment, the key to which
may be made available to the registered
guest to whom such room is rented and
who is 21 years of age or older.
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.
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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 or the denial
of a renewal 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, dishonesty
or embezzlement, or who has not at the
time the application for license is
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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,
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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
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.
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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
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Premises license—$1,000.00
In addition, each applicant shall pay
a fee to cover the cost of a background
investigation of each individual for
whom such investigation must be
undertaken in connection with the
application, in an amount to be set by
the tribal administration from time to
time.
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
A. 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.
B. In the event the Governor
concludes that the applicant does not
satisfy the requirements of Section 153
of this chapter, the Governor shall issue
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17907
a notice denying the application, and
explaining the basis for such denial.
C. Any applicant whose application is
denied shall have the right to appeal
such denial, by filing a Notice of Appeal
with the Office of the Governor and
with the Santa Ana Tribal Court, within
30 days of the date of receipt of the
Notice of Denial. Upon receiving a copy
of a Notice of Appeal, the Governor’s
office shall prepare a copy of the entire
file pertaining to the application and
shall transmit it to the Tribal Court,
with a copy to the applicant. The
Pueblo, represented by the Pueblo’s
attorney, shall appear in the action in
the Tribal Court. The proceedings in the
Tribal Court shall be based upon the
information submitted to the Governor
by the applicant and any other
information obtained by the Governor in
the course of processing the application,
except that the applicant shall be
permitted to submit additional evidence
to rebut or explain information relied on
by the Governor for his denial of the
application that was not obtained from
the applicant. The Tribal Court shall
affirm the Governor’s decision unless it
finds that the Governor acted arbitrarily
or capriciously or otherwise abused his
discretion in making his determination.
D. Any party that is aggrieved by the
decision of the Tribal Court may
petition the Tribal Council to review the
Tribal Court decision, in writing, within
30 days after issuance of the Tribal
Court decision. The petition shall set
forth the specific grounds on which the
petitioner claims the Tribal Court erred
in its decision, and why its decision
should be reviewed, and shall be served
on the Governor and all parties. The
prevailing party may submit a response
to the petition within 15 days of service
of the petition. The Governor shall place
the petition on the agenda of the next
Tribal Council meeting after service of
the response (or the expiration of the 15day period, if no response is filed), and
the Tribal Council shall, at such
meeting, decide whether to hear the
petition. In the event the Tribal Council
decides to hear the petition, the
Governor shall notify all parties of that
decision, and of the date on which the
Tribal Council shall consider the matter.
The Governor shall provide each Tribal
Council member with a copy of the
Tribal Court decision, the petition for
Tribal Council review and the response,
if any, and the complete record before
the Tribal Court shall be available for
inspection by any Tribal Council
member. The Tribal Council shall hear
each party’s representative present its
arguments, and shall decide by majority
vote whether a license should be issued
to the applicant. The Tribal Council’s
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decision shall be final and
nonreviewable.
Section 156: 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 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.
B. Upon receipt of an application for
renewal of a license, the Governor shall
undertake to determine whether the
licensee has conducted its operations in
compliance with the provisions of this
Code, and is otherwise qualified to be
licensed. In the event the Governor
receives information indicating that the
licensee has not complied with the
provisions of this Code or is otherwise
not qualified to be licensed hereunder,
the Governor shall deny the application
for renewal, giving the licensee written
notice thereof with a statement of the
reasons for such denial.
C. A licensee may appeal a denial of
an application for renewal of its license,
by filing a Notice of Appeal with the
Office of the Governor and with the
Santa Ana Tribal Court, within 30 days
of receipt of the Notice of Denial of the
application for renewal. Upon receiving
the Notice of Appeal, the Governor’s
office shall prepare a complete copy of
the entire file pertaining to the
application and shall transmit it to the
Tribal Court, with a copy to the
applicant. The Pueblo, represented by
the Pueblo’s attorney, shall appear in
the action in the Tribal Court. The
proceedings in the Tribal Court shall be
based upon the information submitted
to the Governor by the licensee and any
other information obtained by the
Governor in the course of processing the
application, except that the licensee
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Jkt 208001
shall be permitted to submit additional
evidence to rebut or explain information
relied on by the Governor for his denial
of the application that was not obtained
from the licensee. The licensee may
apply to the Tribal Court for an order
maintaining the license in effect during
the pendency of the appeal, but in the
absence of such order, the license shall
expire at the end of its term. The Tribal
Court shall affirm the Governor’s
decision unless it finds that the
Governor acted arbitrarily or
capriciously or otherwise abused his
discretion in making his determination.
D. Any party that is aggrieved by the
decision of the Tribal Court may
petition the Tribal Council to review the
Tribal Court decision, in writing, within
30 days after issuance of the Tribal
Court decision. The petition shall set
forth the specific grounds on which the
petitioner claims the Tribal Court erred
in its decision, and why its decision
should be reviewed, and shall be served
on the Governor and all parties. The
prevailing party may submit a response
to the petition within 15 days of service
of the petition. The Governor shall place
the petition on the agenda of the next
Tribal Council meeting after service of
the response (or the expiration of the 15day period, if no response is filed), and
the Tribal Council shall, at such
meeting, decide whether to hear the
petition. In the event the Tribal Council
decides to hear the petition, the
Governor shall notify all parties of that
decision, and of the date on which the
Tribal Council shall consider the matter.
The Governor shall provide each Tribal
Council member with a copy of the
Tribal Court decision, the petition for
Tribal Council review and the response,
if any, and the complete record before
the Tribal Court shall be available for
inspection by any Tribal Council
member. The Tribal Council shall hear
each party’s representative present its
arguments, and shall decide by majority
vote whether the license should be
renewed. The Tribal Council’s decision
shall be final and nonreviewable.
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
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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
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
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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.
wwhite on PROD1PC61 with NOTICES
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,
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Jkt 208001
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, in
which latter case the Tribal
Administrator or Governor may require
a bond to ensure compliance with such
indemnification provision.
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.
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17909
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.
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 serve 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 or
server an apparently valid identification
document showing the purchaser’s age
to be 21 years or older, provided that the
seller or server, as the case may be, had
no actual or constructive knowledge of
the falsity of the identification
document, and relied in good faith on
its apparent validity.
Section 183: Purchase by Minor
No person under the age of 21 years
shall purchase, attempt to purchase or
possess any alcoholic beverage.
Section 184: Sale to an Intoxicated
Person
No person shall sell any alcoholic
beverage to a person who the seller has
reason to believe is intoxicated or who
the seller has reason to believe intends
to provide such alcoholic beverage to an
intoxicated person.
Section 185: Purchase by an Intoxicated
Person
No intoxicated person 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.
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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.
wwhite on PROD1PC61 with NOTICES
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
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19:13 Apr 06, 2006
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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. E6–5045 Filed 4–6–06; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[AZ–956–06–1420–BJ]
Notice of Filing of Plats of Survey;
Arizona
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: The plats of survey,
supplemental and amended protraction
diagram described below are scheduled
to be officially filed in the Arizona State
Office, Bureau of Land Management,
Phoenix, Arizona, (30) thirty calendar
days from the date of this publication.
SUPPLEMENTARY INFORMATION:
The Gila and Salt River Meridian,
Arizona
The plat representing the dependent
resurvey of the subdivision of the
northwest quarter of section 5 and a
portion of the 1973–75 meanders of the
left bank of the Verde River in section
5 and the metes-and-bounds survey in
the Northwest quarter of section 5,
Township 13 North, Range 5 East,
accepted September 9, 2005, and
officially filed September 12, 2005, for
Group 916 Arizona.
This plat was prepared at the request
of the United States Forest Service.
The plat representing the dependent
resurvey of a portion of the Seventh
Standard Parallel North (south
boundary) a portion of the subdivision
lines, and the subdivision of section 22
and 34, Township 29 North, Range 8
East, accepted January 18, 2006, and
officially filed January 26, 2006, for
Group 944 Arizona.
This plat was prepared at the request
of the Bureau of Indian Affairs, Navajo
Regional Office.
The plat (3 sheets) representing the
dependent resurvey of the south
boundary, Township 26 North, Range 18
East, a portion of the south boundary,
Township 26 North, Range 17 East, a
portion of the Sixth Standard Parallel
North (south boundary), the east and
west boundaries, the subdivisional lines
and a portion of the boundary,
management district number 6, Hopi
Indian Reservation Township 25 North,
Range 18 East, accepted February 16,
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2006, and officially filed February 28,
2006 for Group 913 Arizona.
This plat was prepared at the request
of the Bureau of Indian Affairs, Navajo
Regional Office.
The plat representing the dependent
resurvey of a portion of the
subdivisional lines, and a metes-andbounds survey in section 36, Township
1 North, Range 14 East, accepted
September 9, 2005, and officially filed
September 12, 2005 for Group 966
Arizona.
This plat was prepared at the request
of the Bureau of Land Management.
The plat (3 sheets) representing the
dependent resurvey of the east and west
boundaries, the subdivisional lines and
a portion of the boundary, Management
District No. 6, Hopi Indian Reservation,
Township 26 North, Range 18 East,
accepted March 14, 2006, and officially
filed March 24, 2006 for Group 922
Arizona.
This plat was prepared at the request
of the Bureau of Indian Affairs, Western
Regional Office.
The plat representing the dependent
resurvey of the south, east, west and
north boundaries, and the subdivisional
lines, the subdivision of certain sections
and the metes-and-bounds survey in
section 12, Township 23 North, Range
21 East, accepted January 9, 2006, and
officially filed January 19, 2006 for
Group 935 Arizona.
This plat was prepared at the request
of the Bureau of Indian Affairs, Navajo
Regional Office.
The plat representing the survey of
the Sixth Guide Meridian East (east
boundary) and the south and west
boundaries and the subdivisional lines,
Township 24 North, Range 24 East,
accepted January 9, 2006 and officially
filed January 19, 2006 for Group 925
Arizona.
This plat was prepared at the request
of the Bureau of Indian Affairs, Navajo
Regional Office.
The plat representing the dependent
resurvey of the east boundary and the
survey of the south boundary, the
governing section line and the
subdivisional lines, Township 26 North,
Range 27 East, accepted March 14, 2006,
and officially filed March 24, 2006, for
Group 926 Arizona.
This plat was prepared at the request
of the Bureau of Indian Affairs, Navajo
Regional Office.
The plat representing the survey of
the east boundary, and the subdivisional
lines, Township 28 North, Range 27
East, accepted August 17, 2005, and
officially filed August 26, 2005 for
Group 902 Arizona.
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]]>Agencies
[Federal Register Volume 71, Number 67 (Friday, April 7, 2006)]
[Notices]
[Pages 17903-17910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-5045]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Santa Ana Liquor Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Pueblo of Santa Ana Liquor
Ordinance. The Ordinance regulates and controls the possession, sale
and consumption of liquor within the Pueblo of Santa Ana Indian
Reservation. The Reservation is located on trust land and this
Ordinance allows for possession and sale of alcoholic beverages within
the exterior boundaries of the Pueblo of Santa Ana Indian Reservation.
This Ordinance will increase the ability of the tribal government to
control the community's liquor distribution and possession, and at the
same time will provide an important source of revenue for the continued
operation and strengthening of the tribal government and the delivery
of tribal services.
DATES: Effective Date: This Ordinance is effective on April 7, 2006.
FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Tribal Government
Services Officer, Southwest Regional Office, 1001 Indian School Road,
NW., Albuquerque, New Mexico 87104, Telephone: (505) 563-3530; Fax:
(505) 563-3060; or Ralph Gonzales, Office of Tribal Services, 1951
Constitution Avenue, NW., Mail Stop 320-SIB, Washington, DC 20240,
Telephone: (202) 513-7629.
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 Ana Tribal Council approved
amendments to its Liquor Ordinance by
[[Page 17904]]
Resolution No. 05-R-54 on November 15, 2005. The purpose of this
Ordinance is to govern the sale, possession and distribution of alcohol
within the Pueblo of Santa Ana Indian Reservation.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Principal Deputy Assistant
Secretary--Indian Affairs. I certify that this Liquor Ordinance of the
Pueblo of Santa Ana was duly adopted by the Tribal Council on November
15, 2005.
Dated: March 31, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Pueblo of Santa Ana's Liquor Ordinance Reads 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;
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;
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. ``Council'' means the Tribal Council of the Pueblo of Santa Ana.
B. ``Development Area'' means those lands within the Santa Ana
Indian Reservation that are situated west of the Rio Grande and that
abut U.S. Highway 550, State Road 528 or the Jemez Canyon Dam Road, but
does not include any lands within one mile of the intersection of U.S.
Highway 550 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).
C. ``Governor'' means the Governor of the Pueblo of Santa Ana.
D. ``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).
E. ``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.
F. ``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.
G. ``Liquor Code'' means the Santa Ana Pueblo Liquor Code, this
Chapter.
H. ``Person'' means any natural person, partnership, corporation,
joint venture, association, or other legal entity.
I. ``Pueblo'' or ``Tribe'' means the Pueblo of Santa Ana.
J. ``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.
K. ``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.
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. ``Server'' means an individual who sells, serves or dispenses
alcoholic beverages for consumption on or off licensed premises,
including any person who manages, directs or controls the sale or
service of alcohol.
N. ``Tribal Administrator'' means the Tribal Administrator of the
Pueblo of Santa Ana.
Section 103: Sovereign Immunity Preserved
Nothing in the Liquor Code shall be construed as a waiver or
limitation of the sovereign immunity of the Pueblo.
Section 104: Initial Compliance
No person shall be disqualified from being issued a license under
the provisions of this Liquor Code, or shall be found to have violated
any provision of this 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
[[Page 17905]]
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 areas paved 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 at retail, or offer any such beverage for sale at
retail, 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
Alcoholic beverages may be sold, offered for sale or consumed on
licensed premises within the Santa Ana Indian Reservation at such hours
as are established by the Licensee, but provided that in no event shall
any such sales or consumption occur between the hours of 2 a.m. and 7
a.m. on any day.
Section 129: [Repealed]
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 extension 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 beverages
purchased from such licensee to occur off of the licensed premises.
Section 132: Sales to Be Made by Adults
A. No person shall be employed as a server at a licensed premises
unless within 30 days after such person's employment such person has
obtained alcohol server training equivalent to that required under the
laws of the State of New Mexico.
B. No person shall be employed as a server at a licensed premises
who is less than 21 years of age, except that a premises licensee that
operates a restaurant or other facility that is held out to the public
as a place where meals are prepared and served may employ persons 19
years of age or older to sell or serve alcoholic beverages to persons
who are also ordering food, provided that no person under the age of 21
shall be employed as a bartender by any licensee within the Santa Ana
Indian Reservation.
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
[[Page 17906]]
otherwise in violation of any provision of this Liquor Code.
Subchapter Three: Issuance of Licenses
Section 151: Requirement of License
Any person who sells, offers for sale, stores or possesses for
commercial purposes, or maintains 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 in unopened
containers, 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, provided that such license when held by an inn or hotel shall
also permit the licensee to stock any individual guest room with
alcoholic beverages contained in a locked compartment, the key to which
may be made available to the registered guest to whom such room is
rented and who is 21 years of age or older.
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 or the denial of a renewal
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, dishonesty 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 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.
[[Page 17907]]
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
In addition, each applicant shall pay a fee to cover the cost of a
background investigation of each individual for whom such investigation
must be undertaken in connection with the application, in an amount to
be set by the tribal administration from time to time.
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
A. 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.
B. In the event the Governor concludes that the applicant does not
satisfy the requirements of Section 153 of this chapter, the Governor
shall issue a notice denying the application, and explaining the basis
for such denial.
C. Any applicant whose application is denied shall have the right
to appeal such denial, by filing a Notice of Appeal with the Office of
the Governor and with the Santa Ana Tribal Court, within 30 days of the
date of receipt of the Notice of Denial. Upon receiving a copy of a
Notice of Appeal, the Governor's office shall prepare a copy of the
entire file pertaining to the application and shall transmit it to the
Tribal Court, with a copy to the applicant. The Pueblo, represented by
the Pueblo's attorney, shall appear in the action in the Tribal Court.
The proceedings in the Tribal Court shall be based upon the information
submitted to the Governor by the applicant and any other information
obtained by the Governor in the course of processing the application,
except that the applicant shall be permitted to submit additional
evidence to rebut or explain information relied on by the Governor for
his denial of the application that was not obtained from the applicant.
The Tribal Court shall affirm the Governor's decision unless it finds
that the Governor acted arbitrarily or capriciously or otherwise abused
his discretion in making his determination.
D. Any party that is aggrieved by the decision of the Tribal Court
may petition the Tribal Council to review the Tribal Court decision, in
writing, within 30 days after issuance of the Tribal Court decision.
The petition shall set forth the specific grounds on which the
petitioner claims the Tribal Court erred in its decision, and why its
decision should be reviewed, and shall be served on the Governor and
all parties. The prevailing party may submit a response to the petition
within 15 days of service of the petition. The Governor shall place the
petition on the agenda of the next Tribal Council meeting after service
of the response (or the expiration of the 15-day period, if no response
is filed), and the Tribal Council shall, at such meeting, decide
whether to hear the petition. In the event the Tribal Council decides
to hear the petition, the Governor shall notify all parties of that
decision, and of the date on which the Tribal Council shall consider
the matter. The Governor shall provide each Tribal Council member with
a copy of the Tribal Court decision, the petition for Tribal Council
review and the response, if any, and the complete record before the
Tribal Court shall be available for inspection by any Tribal Council
member. The Tribal Council shall hear each party's representative
present its arguments, and shall decide by majority vote whether a
license should be issued to the applicant. The Tribal Council's
[[Page 17908]]
decision shall be final and nonreviewable.
Section 156: 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 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.
B. Upon receipt of an application for renewal of a license, the
Governor shall undertake to determine whether the licensee has
conducted its operations in compliance with the provisions of this
Code, and is otherwise qualified to be licensed. In the event the
Governor receives information indicating that the licensee has not
complied with the provisions of this Code or is otherwise not qualified
to be licensed hereunder, the Governor shall deny the application for
renewal, giving the licensee written notice thereof with a statement of
the reasons for such denial.
C. A licensee may appeal a denial of an application for renewal of
its license, by filing a Notice of Appeal with the Office of the
Governor and with the Santa Ana Tribal Court, within 30 days of receipt
of the Notice of Denial of the application for renewal. Upon receiving
the Notice of Appeal, the Governor's office shall prepare a complete
copy of the entire file pertaining to the application and shall
transmit it to the Tribal Court, with a copy to the applicant. The
Pueblo, represented by the Pueblo's attorney, shall appear in the
action in the Tribal Court. The proceedings in the Tribal Court shall
be based upon the information submitted to the Governor by the licensee
and any other information obtained by the Governor in the course of
processing the application, except that the licensee shall be permitted
to submit additional evidence to rebut or explain information relied on
by the Governor for his denial of the application that was not obtained
from the licensee. The licensee may apply to the Tribal Court for an
order maintaining the license in effect during the pendency of the
appeal, but in the absence of such order, the license shall expire at
the end of its term. The Tribal Court shall affirm the Governor's
decision unless it finds that the Governor acted arbitrarily or
capriciously or otherwise abused his discretion in making his
determination.
D. Any party that is aggrieved by the decision of the Tribal Court
may petition the Tribal Council to review the Tribal Court decision, in
writing, within 30 days after issuance of the Tribal Court decision.
The petition shall set forth the specific grounds on which the
petitioner claims the Tribal Court erred in its decision, and why its
decision should be reviewed, and shall be served on the Governor and
all parties. The prevailing party may submit a response to the petition
within 15 days of service of the petition. The Governor shall place the
petition on the agenda of the next Tribal Council meeting after service
of the response (or the expiration of the 15-day period, if no response
is filed), and the Tribal Council shall, at such meeting, decide
whether to hear the petition. In the event the Tribal Council decides
to hear the petition, the Governor shall notify all parties of that
decision, and of the date on which the Tribal Council shall consider
the matter. The Governor shall provide each Tribal Council member with
a copy of the Tribal Court decision, the petition for Tribal Council
review and the response, if any, and the complete record before the
Tribal Court shall be available for inspection by any Tribal Council
member. The Tribal Council shall hear each party's representative
present its arguments, and shall decide by majority vote whether the
license should be renewed. The Tribal Council's decision shall be final
and nonreviewable.
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 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
[[Page 17909]]
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, in which
latter case the Tribal Administrator or Governor may require a bond to
ensure compliance with such indemnification provision.
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.
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 serve 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 or server an apparently
valid identification document showing the purchaser's age to be 21
years or older, provided that the seller or server, as the case may be,
had no actual or constructive knowledge of the falsity of the
identification document, and relied in good faith on its apparent
validity.
Section 183: Purchase by Minor
No person under the age of 21 years shall purchase, attempt to
purchase or possess any alcoholic beverage.
Section 184: Sale to an Intoxicated Person
No person shall sell any alcoholic beverage to a person who the
seller has reason to believe is intoxicated or who the seller has
reason to believe intends to provide such alcoholic beverage to an
intoxicated person.
Section 185: Purchase by an Intoxicated Person
No intoxicated person 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.
[[Page 17910]]
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.
[FR Doc. E6-5045 Filed 4-6-06; 8:45 am]
BILLING CODE 4310-4J-P
