Pueblo of Pojoaque Liquor Control Act, 2710-2712 [E7-797]
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rmajette on PROD1PC67 with NOTICES
2710
Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices
System Administration Act of 1966, as
amended by the National Wildlife
Refuge System Improvement Act of
1997, and the National Environmental
Policy Act of 1969. This notice advises
other Federal and State agencies and the
public of our intent to complete detailed
planning on this refuge and to obtain
suggestions and information to include
in the environmental document. Special
mailings, newspaper articles, media
announcements, and our Web site will
provide information about future
opportunities for public involvement in
the planning process.
DATES: We hosted a public information
session and open house on January 17,
2007 at the American Legion Hall,
21423 Sharp Street, Rock Hall,
Maryland. We announced this session at
least 2 weeks in advance in special
mailings, through local newspaper
notices, on our Web site, and by
personal contacts. Additional public
information sessions in the local
community are available upon request.
ADDRESSES: Eastern Neck NWR, 1730
Eastern Neck Road, Rock Hall, Maryland
21661, at 410–639–7056 (telephone);
410–639–2516 (FAX); https://
www.fws.gov/northeast/easternneck
(Web site).
FOR FURTHER INFORMATION CONTACT:
Nancy McGarigal, Refuge Planner, U.S.
Fish and Wildlife Service, 300 Westgate
Center Drive, Hadley, Massachusetts
01035; 413–253–8562 (telephone); 413–
253–8468 (FAX);
northeastplanning@fws.gov (e-mail),
noting Eastern Neck NWR in the subject
title.
SUPPLEMENTARY INFORMATION: Under the
National Wildlife Refuge System
Administration Act of 1966, as amended
by the National Wildlife Refuge System
Improvement Act of 1997 (16 U.S.C.
668dd–668ee), we manage all lands in
the National Wildlife Refuge System in
accordance with an approved CCP. The
plan guides management decisions and
identifies refuge goals, management
objectives, and strategies for achieving
refuge purposes over a 15-year period.
The planning process covers many
elements, including wildlife and habitat
management, visitor and recreational
activities, special areas management,
cultural resource protection, and
facilities and infrastructure. We will
determine which existing or proposed
uses of the refuge are appropriate and
compatible. We will also conduct a
wilderness review and a wild and
scenic rivers evaluation to determine
whether any areas on the refuge qualify
for those Federal designations.
We encourage public input during the
planning process. The comments we
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receive, including those submitted
during initial public scoping in 2002,
will help identify key issues and refine
our goals and objectives for managing
refuge resources and visitors. Additional
opportunities for public participation
will arise throughout the planning
process, which we expect to complete in
2008. We are presently summarizing
refuge data and consulting resource
experts to provide us a scientific basis
for our management decisions. We will
prepare the EA in accordance with the
Council on Environmental Quality
procedures for implementing the
National Environmental Policy Act of
1969 (42 U.S.C. 4321–4370d).
The 2,285-acre Eastern Neck NWR is
an island that lies at the confluence of
the Chester River and the Chesapeake
Bay in Kent County, Maryland. The
refuge headquarters is located
approximately 5 miles south of the town
of Rock Hall. Habitats on the refuge are
highly diverse and include woodland,
grassland, open water, tidal marsh, and
cropland. The refuge was established in
1962 to protect migratory birds and is
regionally recognized as a major feeding
and resting place for a wide variety of
migrating and wintering waterfowl.
Huge rafts of ruddy ducks, canvasbacks,
and scaup are commonly observed
during winter, as are thousands of
Atlantic Canada geese and black ducks
in the refuge fields and waters. Of
particular note are the wintering tundra
swans that use adjacent shallow waters.
Federally listed and rare species occur
on the refuge, including a small
population of the endangered Delmarva
fox squirrel, the threatened southern
bald eagle, and over 60 migratory birds
of conservation concern.
The refuge is also distinguished as a
land-use demonstration site within the
Chesapeake Bay watershed. Our
agriculture program in support of
wildlife habitat, our wetland restoration
projects, native landscaping practices,
and our renewable energy
demonstration projects, serve as models
for other landowners.
We estimate 54,000 refuge visitors
annually engage in hunting, fishing,
wildlife observation and photography,
and environmental education and
interpretation programs. We maintain
self-guided interpretive trails, fishing
and observation platforms, and
photography blinds to facilitate these
activities. We also welcome a variety of
school and youth groups throughout the
year for educational and interpretive
programs focused on the Chesapeake
Bay ecosystem, its migratory birds, and
other natural resources.
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Dated: December 21, 2006.
Richard O. Bennett,
Acting Regional Director, U.S. Fish and
Wildlife Service, Hadley, Massachusetts.
[FR Doc. E7–769 Filed 1–19–07; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Pojoaque Liquor Control Act
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Pueblo of Pojoaque Liquor Control Act.
The Act regulates and controls the
possession, sale and consumption of
liquor within the Pueblo of Pojoaque
Indian Reservation. The reservation is
located on trust land and this Act allows
for the possession and sale of alcoholic
beverages within the exterior
boundaries of the Pueblo of Pojoaque
Indian Reservation. This Act will
increase the ability of the tribal
government to control the distribution
and possession of liquor within their
reservation, and at the same time will
provide an important source of revenue
and strengthening of the tribal
government and the delivery of tribal
services.
DATES: Effective Date: This Act is
effective January 22, 2007.
FOR FURTHER INFORMATION CONTACT: Iris
Drew, Tribal Government Services
Officer, Southwest Regional Office, 1001
Indian School Road, Albuquerque, New
Mexico 87104, Telephone (505) 563–
3530; Fax (505) 563–3060; or Ralph
Gonzales, Office of Tribal Services, 1849
C Street, NW., Mail Stop 4513-MIB,
Washington, DC 20240; Telephone (202)
513–7629; Fax 202–208–5113.
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 Pueblo of Pojoaque Tribal Council
adopted this Liquor Control Act by
Resolution No. 2006–124 on November
15, 2006. The purpose of this Act is to
govern the sale, possession and
distribution of alcohol within the
Pueblo of Pojoaque Indian Reservation.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices
Principal Deputy Assistant Secretary—
Indian Affairs. I certify that this Liquor
Control Act of the Pueblo of Pojoaque
was duly adopted by the Tribal Council
on November 15, 2006.
Dated: January 10, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary—Indian
Affairs.
The Pueblo of Pojoaque Liquor
Control Act reads as follows:
Pueblo of Pojoaque Liquor Control Act;
History of Alcoholic Beverage Law on
the Pueblo of Pojoaque and Severability
of Provisions
On March 13, 1963, the Pueblo of
Pojoaque Tribal Council (Tribal
Council) approved the introduction, sale
and possession of intoxicating beverages
on the Pojoaque Pueblo Reservation
[sic], New Mexico. The Secretary of
Interior certified the March 13, 1963
Tribal Council Resolution and
published the Resolution in the August
8, 1963 edition of the Federal Register,
volume 28, number 154. In accord with
applicable Federal and State law, the
Tribal Council approved Resolution 95–
33, dated on May 18, 1995, authorizing
the regulation of alcoholic beverages by
the Pueblo of Pojoaque Alcoholic
Beverage Commission. On April 6, 2006,
the Tribal Council approved Resolution
06–31, authorizing the Pueblo of
Pojoaque Alcoholic Beverage
Commission to license non-tribal
alcoholic beverage establishments
within Pueblo-owned lands within the
exterior boundaries.
No provision of this Act shall be
construed to conflict with applicable
Federal or State laws. Any provision
deemed to be in conflict shall be
severed from the Act, but shall not void
other provisions of the Act.
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Sec. 1. Definitions
A. ‘‘Alcoholic beverages’’ means
distilled or rectified spirits, potable
alcohol, brandy, whiskey, rum, gin and
aromatic bitters or any similar alcoholic
beverage, including blended or
fermented beverages, dilutions or
mixtures of one or more of the foregoing
containing more than one-half of one
percent alcohol, but excluding
medicinal bitters:
(1) ‘‘Spirituous liquors’’ means
alcoholic beverages except fermented
beverages such as wine, beer and ale;
(2) ‘‘Beer’’ means any alcoholic
beverage obtained by the fermentation
of any infusion or decoction of barley,
malt and hops or other cereals in water
and includes porter, beer, ale and stout;
(3) ‘‘Fortified wine’’ means wine
containing more than fourteen percent
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alcohol by volume when bottled or
packaged by the manufacturer, but does
not include:
(a) Wine that is sealed or capped by
cork closure and aged two years or
more;
(b) Wine that contains more than
fourteen percent alcohol by volume
solely as a result of the natural
fermentation process and has not been
produced with the addition of wine
spirits, brandy or alcohol; or
(c) Vermouth and sherry; and
(4) ‘‘Wine’’ includes the words ‘‘fruit
juices’’ and means alcoholic beverages
obtained by the fermentation of the
natural sugar contained in fruit or other
agricultural products, with or without
the addition of sugar or other products
that do not contain less than one-half of
one percent or more than twenty-one
percent alcohol by volume.
B. ‘‘Club’’ means any nonprofit group,
including an auxiliary or subsidiary
group, organized and operated under
the laws of the Pojoaque Pueblo with a
membership of not less than twenty
members who pay membership dues at
the rate of not less than five dollars
($5.00) per year and who, under the
constitution and bylaws of the club,
have all voting rights and full
membership privileges and which group
is the owner, lessee or occupant of
premises used exclusively for club
purposes and which group the
Commission finds is operated solely for
recreation, social, patriotic, political,
benevolent or athletic purposes.
C. ‘‘Commission’’ means the Pueblo of
Pojoaque Alcoholic Beverage
Commission.
D. ‘‘Dispenser’’ means any person
licensed under the provisions of the
Liquor Control Act selling, offering for
sale or having in his possession with the
intent to sell alcoholic beverages both
by the drink for consumption on the
licensed premises and in unbroken
packages for consumption and not for
resale off the licensed premises.
E. ‘‘Micro brewer’’ means any person
who produces less than five thousand
barrels of beer in a year.
F. ‘‘Minor’’ means any person under
twenty-one (21) years of age.
G. ‘‘Person’’ means any individual,
estate, trust, receiver, cooperative
association, club, corporation, company,
firm, partnership, joint venture,
syndicate, Pueblo-chartered corporation,
or any other legal entity.
H. ‘‘Restaurant’’ means any
establishment having a New Mexico
resident as a proprietor or manager
which is held out to the public as a
place where meals are prepared and
served primarily for on-premises
consumption to the general public in
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consideration of payment and which
has a dining room, a kitchen and the
employees necessary for preparing,
cooking and serving meals; provided
that ‘‘restaurant’’ does not include
establishments serving only
hamburgers, sandwiches, salads and
other fast foods.
I. ‘‘Wholesaler’’ means any person
holding a license issued under the
Liquor Control Act who sells, offers for
sale or possesses for the purposes of sale
any alcoholic beverages for resale by the
purchaser.
Sec. 2. Pueblo of Pojoaque Alcoholic
Beverage Commission
A. The Commission is composed of
up to five voting members. All members
shall be named by the Tribal Council to
serve for terms to be decided by the
Tribal Council. The Commission shall
determine its officers and chairperson.
B. Commission members shall meet at
the call of the chairperson. Members of
the Commission shall be reimbursed for
per diem and mileage and shall receive
a monthly stipend in accordance with
Pueblo of Pojoaque Tribal guidelines.
C. The Commission will be
responsible for issuing licenses and
determining the outcome of all matters
relating to the use and sales of alcoholic
beverages within land owned by the
Pueblo of Pojoaque within the exterior
boundaries of Pojoaque Pueblo. These
decisions will be made in accordance
with applicable federal and New Mexico
laws.
D. It shall be the policy of the
Commission that the sale, service and
public consumption of alcoholic
beverages within the exterior
boundaries of the Pueblo of Pojoaque
shall be licensed, regulated and
controlled so as to protect the public
health, safety and morals. Therefore, the
Commission shall investigate the
qualifications of the applicants for
licenses and shall investigate the
premises for which any license is sought
before the license is issued.
E. Any person to whom a license is
issued shall be fully liable and
accountable for the use of the license,
including but not limited to liability for
all violations of the Liquor Control Act.
F. All managers are responsible for
acts relating to alcohol service within
the scope of their employment or while
performing alcohol-related duties in the
conduct of business.
G. All fees collected by the
Commission shall be placed in the
General Operating Fund of the Pueblo of
Pojoaque under the designation ‘‘Pueblo
of Pojoaque Alcoholic Beverage
Commission’’ or under such designation
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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Notices
as the Pueblo of Pojoaque Financial
Officer shall recommend.
H. The final decisions of the
Commission may be appealed only to
the Tribal Council.
I. The Commission is authorized to
license any person within the
boundaries of lands over which the
Pueblo of Pojoaque has jurisdiction if
the alcoholic beverages are purchased
from New Mexico wholesalers.
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Sec. 3. Regulations Concerning
Alcoholic Beverages
Sec. 3.1 Compliance with Liquor
Control Act.
A. The sale or the possession for the
purpose of sale or offering for sale,
manufacture or transportation of
alcoholic beverages is hereby prohibited
within the exterior boundaries of Pueblo
of Pojoaque except on the terms and
conditions specified in the Liquor
Control Act.
B. It is unlawful for any person to
deliver any alcoholic beverages for
resale within the exterior boundaries of
Pojoaque Pueblo unless such person has
complied with the laws of the Pueblo of
Pojoaque and applicable laws of the
State of New Mexico.
Sec. 3.2 Alcoholic Beverages in
Unlicensed Public Places. It is unlawful
for any person to drink or consume
alcoholic beverages or for any person
who is the owner, proprietor, operator
or agent of the owner, proprietor or
operator to sell, serve, furnish or permit
the drinking or consumption of
alcoholic beverages in any public place
of any public club, whether operated for
profit or not, except in those
establishments having a license to
dispense alcoholic beverages.
Sec. 4. Regulations Concerning Minors
Sec. 4.1 Employment of Minors. It is
unlawful for any licensee knowingly to
employ any person under twenty-one
(21) years of age in the sale and service
of alcoholic beverages.
Sec. 4.2 Selling or Giving Alcoholic
Beverages to Minors.
A. It is unlawful for any club, retailer,
dispenser or any other person to do any
of the following:
(1) Sell, serve or give any alcoholic
beverages to a minor, or to permit a
minor to consume alcoholic beverages
on the licensed premises;
(2) Buy alcoholic beverages for or
procure the sale or service of alcoholic
beverage to a minor;
(3) Deliver alcoholic beverages to a
minor;
(4) Aid or assist a minor to buy,
procure or be served with alcoholic
beverages.
B. It is unlawful for any minor to
consume, buy, attempt to buy, receive,
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Jkt 211001
possess or permit himself to be served
with any alcoholic beverage in a
licensed premise.
C. If any person not a minor deceives
another person to believe that a minor
is legally entitled to be sold, served or
delivered alcoholic beverages, he and
not the person deceived shall have
committed an unlawful act.
D. It is unlawful for any person to
give, loan, sell or deliver an identity
card to a minor with the knowledge that
the minor intends to use the identity for
the purpose of procuring or attempting
to procure any alcoholic beverages.
E. It is unlawful for minor employees
to ring up and/or accept payment in
liquor in licensed premises. All alcohol
servers must wear a color-coded tag
verifying LCC certification on their
badge during business hours. Updated
lists of certified alcohol servers shall be
submitted to the Commission annually,
with license renewal applications. Upon
completion of alcohol server’s training,
certifications shall be forwarded to the
Commission.
Sec. 5. Licenses and License Tax
Sec. 5.1 Licenses; Required Sales and
Shipment. It is unlawful for any person,
on his own behalf or as agent for
another person, except a duly licensed
wholesaler, directly or indirectly to sell
or offer for sale or ship or transport into
the exterior boundaries of the Pojoaque
Pueblo for resale any alcoholic
beverages, except to a duly licensed
retailer, dispenser, club, micro brewer,
restaurant, canopy operator or special
dispenser.
Sec. 5.2 Application for Pueblo of
Pojoaque License. Applications for a
Pueblo of Pojoaque license under this
section shall be made to the
Commission and shall contain such
information as the Commission shall
prescribe.
Sec. 5.3 License Tax.
A. Annual license taxes on the
privileges of persons holding liquor
licenses issued by the Commission are
imposed as follows:
(1) Dispenser: an annual fee of one
thousand two hundred and fifty dollars
($1,250);
(2) Retailer: an annual fee of one
thousand two hundred and fifty dollars
($1,250);
(3) Club: an annual fee of one
thousand two hundred and fifty dollars
($1,250);
(4) Micro brewer: an annual fee of one
thousand two hundred and fifty dollars
($1,250);
(5) Restaurant: an annual fee of one
thousand dollars ($1,000);
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(6) Canopy: an annual fee of one
thousand two hundred and fifty dollars
($1,250);
B. The licenses specified in
Subsection A of this section shall be reissued annually on or about July 1 upon
the payment of the annual license fee.
Renewal applications and fees shall be
submitted no later than May 1, to the
proper review and evaluation.
Application fees and/or licensing fees
shall not be prorated. Any late renewal
applications shall be subject to a late fee
assessment of not more than ten percent
(10%) of the liquor application fee.
Sec. 5.4 Special Dispensers’ Permits.
Any person granted a special
dispenser’s permit for use within the
exterior boundaries of the Pueblo of
Pojoaque shall pay in advance a fee of
fifty dollars ($50.00) per day for each
day or fraction thereof that the permittee
is to dispense alcoholic beverages. Any
other fees will be determined by the
Commission at the time of licensing.
The Commission shall consider the
proposed use, location and extent of the
permit before determining the fees.
Special dispenser’s permits may only be
issued in connection with a public
celebration upon written approval from
the Commission.
Sec. 6. Penalty
Sec. 6.1 As provided in the Liquor
Control Act, the failure to pay the
license or permit fees imposed by this
chapter, in addition to any penalty
imposed by the Pueblo of Pojoaque
Tribal Court, shall be grounds for
closing forthwith the place of business
of any defaulting licensee.
[FR Doc. E7–797 Filed 1–19–07; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Fourth Public Meeting for
Reclamation’s Managing for
Excellence Project
Bureau of Reclamation,
Interior.
ACTION: Notice of a public meeting and
announcement of subsequent meetings
to be held.
AGENCY:
SUMMARY: The Bureau of Reclamation is
holding a meeting to inform the public
about the Managing for Excellence
project. This meeting is the first of three
meetings that will be held in 2007 to
inform the public about the action
items, progress, and results of the
Managing for Excellence project and to
seek broad public input and feedback.
E:\FR\FM\22JAN1.SGM
22JAN1
]]>Agencies
[Federal Register Volume 72, Number 13 (Monday, January 22, 2007)]
[Notices]
[Pages 2710-2712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-797]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Pojoaque Liquor Control Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Pueblo of Pojoaque Liquor Control
Act. The Act regulates and controls the possession, sale and
consumption of liquor within the Pueblo of Pojoaque Indian Reservation.
The reservation is located on trust land and this Act allows for the
possession and sale of alcoholic beverages within the exterior
boundaries of the Pueblo of Pojoaque Indian Reservation. This Act will
increase the ability of the tribal government to control the
distribution and possession of liquor within their reservation, and at
the same time will provide an important source of revenue and
strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Act is effective January 22, 2007.
FOR FURTHER INFORMATION CONTACT: Iris Drew, Tribal Government Services
Officer, Southwest Regional Office, 1001 Indian School Road,
Albuquerque, New Mexico 87104, Telephone (505) 563-3530; Fax (505) 563-
3060; or Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW.,
Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 513-7629; Fax
202-208-5113.
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 Pueblo of Pojoaque Tribal Council
adopted this Liquor Control Act by Resolution No. 2006-124 on November
15, 2006. The purpose of this Act is to govern the sale, possession and
distribution of alcohol within the Pueblo of Pojoaque Indian
Reservation.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the
[[Page 2711]]
Principal Deputy Assistant Secretary--Indian Affairs. I certify that
this Liquor Control Act of the Pueblo of Pojoaque was duly adopted by
the Tribal Council on November 15, 2006.
Dated: January 10, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
The Pueblo of Pojoaque Liquor Control Act reads as follows:
Pueblo of Pojoaque Liquor Control Act; History of Alcoholic Beverage
Law on the Pueblo of Pojoaque and Severability of Provisions
On March 13, 1963, the Pueblo of Pojoaque Tribal Council (Tribal
Council) approved the introduction, sale and possession of intoxicating
beverages on the Pojoaque Pueblo Reservation [sic], New Mexico. The
Secretary of Interior certified the March 13, 1963 Tribal Council
Resolution and published the Resolution in the August 8, 1963 edition
of the Federal Register, volume 28, number 154. In accord with
applicable Federal and State law, the Tribal Council approved
Resolution 95-33, dated on May 18, 1995, authorizing the regulation of
alcoholic beverages by the Pueblo of Pojoaque Alcoholic Beverage
Commission. On April 6, 2006, the Tribal Council approved Resolution
06-31, authorizing the Pueblo of Pojoaque Alcoholic Beverage Commission
to license non-tribal alcoholic beverage establishments within Pueblo-
owned lands within the exterior boundaries.
No provision of this Act shall be construed to conflict with
applicable Federal or State laws. Any provision deemed to be in
conflict shall be severed from the Act, but shall not void other
provisions of the Act.
Sec. 1. Definitions
A. ``Alcoholic beverages'' means distilled or rectified spirits,
potable alcohol, brandy, whiskey, rum, gin and aromatic bitters or any
similar alcoholic beverage, including blended or fermented beverages,
dilutions or mixtures of one or more of the foregoing containing more
than one-half of one percent alcohol, but excluding medicinal bitters:
(1) ``Spirituous liquors'' means alcoholic beverages except
fermented beverages such as wine, beer and ale;
(2) ``Beer'' means any alcoholic beverage obtained by the
fermentation of any infusion or decoction of barley, malt and hops or
other cereals in water and includes porter, beer, ale and stout;
(3) ``Fortified wine'' means wine containing more than fourteen
percent alcohol by volume when bottled or packaged by the manufacturer,
but does not include:
(a) Wine that is sealed or capped by cork closure and aged two
years or more;
(b) Wine that contains more than fourteen percent alcohol by volume
solely as a result of the natural fermentation process and has not been
produced with the addition of wine spirits, brandy or alcohol; or
(c) Vermouth and sherry; and
(4) ``Wine'' includes the words ``fruit juices'' and means
alcoholic beverages obtained by the fermentation of the natural sugar
contained in fruit or other agricultural products, with or without the
addition of sugar or other products that do not contain less than one-
half of one percent or more than twenty-one percent alcohol by volume.
B. ``Club'' means any nonprofit group, including an auxiliary or
subsidiary group, organized and operated under the laws of the Pojoaque
Pueblo with a membership of not less than twenty members who pay
membership dues at the rate of not less than five dollars ($5.00) per
year and who, under the constitution and bylaws of the club, have all
voting rights and full membership privileges and which group is the
owner, lessee or occupant of premises used exclusively for club
purposes and which group the Commission finds is operated solely for
recreation, social, patriotic, political, benevolent or athletic
purposes.
C. ``Commission'' means the Pueblo of Pojoaque Alcoholic Beverage
Commission.
D. ``Dispenser'' means any person licensed under the provisions of
the Liquor Control Act selling, offering for sale or having in his
possession with the intent to sell alcoholic beverages both by the
drink for consumption on the licensed premises and in unbroken packages
for consumption and not for resale off the licensed premises.
E. ``Micro brewer'' means any person who produces less than five
thousand barrels of beer in a year.
F. ``Minor'' means any person under twenty-one (21) years of age.
G. ``Person'' means any individual, estate, trust, receiver,
cooperative association, club, corporation, company, firm, partnership,
joint venture, syndicate, Pueblo-chartered corporation, or any other
legal entity.
H. ``Restaurant'' means any establishment having a New Mexico
resident as a proprietor or manager which is held out to the public as
a place where meals are prepared and served primarily for on-premises
consumption to the general public in consideration of payment and which
has a dining room, a kitchen and the employees necessary for preparing,
cooking and serving meals; provided that ``restaurant'' does not
include establishments serving only hamburgers, sandwiches, salads and
other fast foods.
I. ``Wholesaler'' means any person holding a license issued under
the Liquor Control Act who sells, offers for sale or possesses for the
purposes of sale any alcoholic beverages for resale by the purchaser.
Sec. 2. Pueblo of Pojoaque Alcoholic Beverage Commission
A. The Commission is composed of up to five voting members. All
members shall be named by the Tribal Council to serve for terms to be
decided by the Tribal Council. The Commission shall determine its
officers and chairperson.
B. Commission members shall meet at the call of the chairperson.
Members of the Commission shall be reimbursed for per diem and mileage
and shall receive a monthly stipend in accordance with Pueblo of
Pojoaque Tribal guidelines.
C. The Commission will be responsible for issuing licenses and
determining the outcome of all matters relating to the use and sales of
alcoholic beverages within land owned by the Pueblo of Pojoaque within
the exterior boundaries of Pojoaque Pueblo. These decisions will be
made in accordance with applicable federal and New Mexico laws.
D. It shall be the policy of the Commission that the sale, service
and public consumption of alcoholic beverages within the exterior
boundaries of the Pueblo of Pojoaque shall be licensed, regulated and
controlled so as to protect the public health, safety and morals.
Therefore, the Commission shall investigate the qualifications of the
applicants for licenses and shall investigate the premises for which
any license is sought before the license is issued.
E. Any person to whom a license is issued shall be fully liable and
accountable for the use of the license, including but not limited to
liability for all violations of the Liquor Control Act.
F. All managers are responsible for acts relating to alcohol
service within the scope of their employment or while performing
alcohol-related duties in the conduct of business.
G. All fees collected by the Commission shall be placed in the
General Operating Fund of the Pueblo of Pojoaque under the designation
``Pueblo of Pojoaque Alcoholic Beverage Commission'' or under such
designation
[[Page 2712]]
as the Pueblo of Pojoaque Financial Officer shall recommend.
H. The final decisions of the Commission may be appealed only to
the Tribal Council.
I. The Commission is authorized to license any person within the
boundaries of lands over which the Pueblo of Pojoaque has jurisdiction
if the alcoholic beverages are purchased from New Mexico wholesalers.
Sec. 3. Regulations Concerning Alcoholic Beverages
Sec. 3.1 Compliance with Liquor Control Act.
A. The sale or the possession for the purpose of sale or offering
for sale, manufacture or transportation of alcoholic beverages is
hereby prohibited within the exterior boundaries of Pueblo of Pojoaque
except on the terms and conditions specified in the Liquor Control Act.
B. It is unlawful for any person to deliver any alcoholic beverages
for resale within the exterior boundaries of Pojoaque Pueblo unless
such person has complied with the laws of the Pueblo of Pojoaque and
applicable laws of the State of New Mexico.
Sec. 3.2 Alcoholic Beverages in Unlicensed Public Places. It is
unlawful for any person to drink or consume alcoholic beverages or for
any person who is the owner, proprietor, operator or agent of the
owner, proprietor or operator to sell, serve, furnish or permit the
drinking or consumption of alcoholic beverages in any public place of
any public club, whether operated for profit or not, except in those
establishments having a license to dispense alcoholic beverages.
Sec. 4. Regulations Concerning Minors
Sec. 4.1 Employment of Minors. It is unlawful for any licensee
knowingly to employ any person under twenty-one (21) years of age in
the sale and service of alcoholic beverages.
Sec. 4.2 Selling or Giving Alcoholic Beverages to Minors.
A. It is unlawful for any club, retailer, dispenser or any other
person to do any of the following:
(1) Sell, serve or give any alcoholic beverages to a minor, or to
permit a minor to consume alcoholic beverages on the licensed premises;
(2) Buy alcoholic beverages for or procure the sale or service of
alcoholic beverage to a minor;
(3) Deliver alcoholic beverages to a minor;
(4) Aid or assist a minor to buy, procure or be served with
alcoholic beverages.
B. It is unlawful for any minor to consume, buy, attempt to buy,
receive, possess or permit himself to be served with any alcoholic
beverage in a licensed premise.
C. If any person not a minor deceives another person to believe
that a minor is legally entitled to be sold, served or delivered
alcoholic beverages, he and not the person deceived shall have
committed an unlawful act.
D. It is unlawful for any person to give, loan, sell or deliver an
identity card to a minor with the knowledge that the minor intends to
use the identity for the purpose of procuring or attempting to procure
any alcoholic beverages.
E. It is unlawful for minor employees to ring up and/or accept
payment in liquor in licensed premises. All alcohol servers must wear a
color-coded tag verifying LCC certification on their badge during
business hours. Updated lists of certified alcohol servers shall be
submitted to the Commission annually, with license renewal
applications. Upon completion of alcohol server's training,
certifications shall be forwarded to the Commission.
Sec. 5. Licenses and License Tax
Sec. 5.1 Licenses; Required Sales and Shipment. It is unlawful for
any person, on his own behalf or as agent for another person, except a
duly licensed wholesaler, directly or indirectly to sell or offer for
sale or ship or transport into the exterior boundaries of the Pojoaque
Pueblo for resale any alcoholic beverages, except to a duly licensed
retailer, dispenser, club, micro brewer, restaurant, canopy operator or
special dispenser.
Sec. 5.2 Application for Pueblo of Pojoaque License. Applications
for a Pueblo of Pojoaque license under this section shall be made to
the Commission and shall contain such information as the Commission
shall prescribe.
Sec. 5.3 License Tax.
A. Annual license taxes on the privileges of persons holding liquor
licenses issued by the Commission are imposed as follows:
(1) Dispenser: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
(2) Retailer: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
(3) Club: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
(4) Micro brewer: an annual fee of one thousand two hundred and
fifty dollars ($1,250);
(5) Restaurant: an annual fee of one thousand dollars ($1,000);
(6) Canopy: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
B. The licenses specified in Subsection A of this section shall be
re-issued annually on or about July 1 upon the payment of the annual
license fee. Renewal applications and fees shall be submitted no later
than May 1, to the proper review and evaluation. Application fees and/
or licensing fees shall not be prorated. Any late renewal applications
shall be subject to a late fee assessment of not more than ten percent
(10%) of the liquor application fee.
Sec. 5.4 Special Dispensers' Permits. Any person granted a special
dispenser's permit for use within the exterior boundaries of the Pueblo
of Pojoaque shall pay in advance a fee of fifty dollars ($50.00) per
day for each day or fraction thereof that the permittee is to dispense
alcoholic beverages. Any other fees will be determined by the
Commission at the time of licensing. The Commission shall consider the
proposed use, location and extent of the permit before determining the
fees. Special dispenser's permits may only be issued in connection with
a public celebration upon written approval from the Commission.
Sec. 6. Penalty
Sec. 6.1 As provided in the Liquor Control Act, the failure to pay
the license or permit fees imposed by this chapter, in addition to any
penalty imposed by the Pueblo of Pojoaque Tribal Court, shall be
grounds for closing forthwith the place of business of any defaulting
licensee.
[FR Doc. E7-797 Filed 1-19-07; 8:45 am]
BILLING CODE 4310-4J-P
