Pueblo of Tesuque Liquor Control Ordinance, 57057-57062 [E7-19740]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[Federal Register Volume 72, Number 193 (Friday, October 5, 2007)]
[Notices]
[Pages 57057-57062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19740]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Tesuque Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Department of the Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Pueblo of Tesuque Liquor Control 
Ordinance. The Ordinance regulates and controls the possession, sale 
and consumption of liquor within the Pueblo of Tesuque Indian 
Reservation. The Reservation is located on trust land and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within the exterior boundaries of the Pueblo of Tesuque Indian 
Reservation. This Ordinance 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 Ordinance is effective as of October 5, 
2007.

FOR FURTHER INFORMATION CONTACT: Iris A. 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 Elizabeth Colliflower, Office of Tribal Services, 1849 C 
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 
513-7627; Fax (202) 208-5113.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953; 
Public Law 82-277, 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 Tesuque Tribal Council 
adopted this Liquor Control Ordinance by Resolution 14-06-18-2007, on 
June 12, 2007. The purpose of this Ordinance is to govern the sale, 
possession and distribution of alcohol within the Pueblo of Tesuque 
Indian Reservation.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that this Liquor Ordinance of the Pueblo of Tesuque 
was duly adopted by the Tribal Council on June 12, 2007.

    Dated: October 1, 2007.
Carl J. Artman,
Assistant Secretary--Indian Affairs.

    The Pueblo of Tesuque Liquor Ordinance reads as follows:

    Pueblo of Tesuque, Liquor Control Ordinance, Adopted on December 
8, 1970 by the Pueblo of Tesuque Tribal Council, and Published in 
the Federal Register; Vol. 30, No. 79, on page 23, 1971 Amended by 
Resolution No. 14-06-18-2007 adopted on June 12, 2007.

Section I. Title

    This Liquor Ordinance shall be known as the Pueblo of Tesuque 
Liquor Control Ordinance (``Liquor Ordinance'').

Section II. Purpose

    The purpose of this Liquor Ordinance is to regulate and control 
the possession, sale, and consumption of liquor within the exterior 
boundaries of the Pueblo of Tesuque.

Section III. Authority

    The Pueblo enacts this Liquor Ordinance pursuant to its inherent 
governmental powers and in accordance with its traditional law, 
which empowers its Tribal Council to enact Ordinances. This Liquor 
Ordinance conforms with and also has been enacted pursuant to the 
Act of August 15, 1953 (Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. 
1161). The Sale of Liquor shall be lawful within the Reservation if 
such Sale complies with this Liquor Ordinance and, to the extent 
required by federal law, applicable laws of the State of New Mexico.

Section IV. Definitions

    Except as otherwise provided herein, the following definitions 
apply throughout this Liquor Ordinance:
    A. ``Beer'' means any beverage obtained by the alcoholic 
fermentation of an infusion or decoction of barley, malt, and hops 
or other cereals in drinking water, and includes porter, beer, ale 
and stout;
    B. ``Certified Server'' means any employee of a Liquor Licensee 
who is twenty-one (21) years of age or older, who is certified to 
Sell Liquor on the Reservation on behalf of the Liquor Licensee in 
accordance with this Liquor Ordinance, and who has successfully 
completed a Liquor server training program

[[Page 57058]]

approved by the Commission or the Tribal Council;
    C. ``Commission'' means the Pueblo of Tesuque Liquor Licensing 
Commission;
    D. ``Commissioner'' means a member of the Commission who reviews 
and decides upon Liquor Licensing applications;
    E. ``Enterprise'' means a business wholly-owned, operated, and/
or controlled by the Pueblo that is engaged in, or wishes to engage 
in, the business of Selling Liquor on the Reservation;
    F. ``Governor'' means the Governor of the Pueblo or his 
designee;
    G. ``Liquor'' means the product of distillation of any fermented 
liquid, rectified either once or more often, of whatever the origin, 
and includes synthetic ethyl alcohol, which is considered 
nonpotable. ``Liquor'' includes distilled or rectified spirits, 
potable alcohol, brandy, whiskey, rum, gin, and aromatic bitters 
bearing the federal internal revenue strip stamps 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 percent alcohol, but less than twenty-one percent 
alcohol by volume, including Beer, Spirits, Wine, and Malt Liquor. 
Beer, Spirits, Wine, and Malt Liquor and liquors or solids 
containing in excess of \1/2\ of 1% (.05%) of alcohol by volume, but 
not more than twenty-one percent (21%) shall be considered liquor.
    H. ``Licensed Liquor Establishment'' means a designated physical 
location within the Reservation from which a Liquor Licensee is 
authorized to Sell Liquor under the provisions of the Liquor License 
granted by the Commission in accordance with this Liquor Ordinance;
    I. ``Liquor License'' means a revocable license granted by the 
Commission authorizing the Liquor Licensee named therein and its 
Certified Servers to Sell Liquor at a specified Licensed Liquor 
Establishment on the Reservation;
    J. ``Liquor Licensee'' means the holder of a valid Liquor 
License allowing the Sale of Liquor in a designated Licensed Liquor 
Establishment, as authorized and granted by the Commission; provided 
that a ``Liquor Licensee'' may be any eligible Person or the Pueblo, 
including any subdivision thereof or an Enterprise;
    K. ``Malt Liquor'' means an alcoholic drink made from malt, 
typically having a higher alcohol content than most Beer or ale;
    L. ``Minor'' means any individual under the age of twenty-one 
(21);
    M. ``Package Sale'' means any Sale of Liquor in containers 
filled or packed by a manufacturer or wine bottler and Sold by a 
Liquor Licensee in an unbroken package for consumption off the 
Licensed Liquor Establishment premises and not for resale;
    N. ``Person'' means an individual, trust, firm, association, 
partnership, political subdivision, government agency, municipality, 
industry, public or private corporation, or any other entity 
whatsoever;
    O. ``Public Place'' means gaming, eating, and commercial or 
community facilities of every nature that are open to and/or are 
generally used by the public and to which the public is permitted to 
have unrestricted access; public conveyances of all kinds and 
character; and all other places of like or similar nature to which 
the general public has unrestricted access or to which the general 
public has been invited, and generally used by the public;
    P. ``Pueblo'' means the Pueblo of Tesuque;
    Q. ``Reservation'' means all lands within the exterior 
boundaries of the Pueblo's territories, all lands owned by the 
Pueblo subject to federal restrictions on alienation, and all other 
lands that are now or may hereafter be acquired or conveyed in fee 
to, held in trust for the benefit of the Pueblo, or held by the 
Pueblo subject to restrictions against alienation, whether by 
purchase, gift, act of Congress, or otherwise;
    R. ``Sale'' or ``Sell'' means an exchange, transfer, sale, 
supply, barter, traffic, donation, with or without consideration, 
serving for consumption, dispensing, delivering, or distributing, by 
any means whatsoever, of Liquor on the Reservation by any Person;
    S. ``Spirits'' means any beverage that contains alcohol obtained 
by distillation, mixed with drinkable water and other substances in 
solution, including brandy, rum, whiskey, and gin.
    T. ``State'' means the State of New Mexico.
    U. ``Tax Commission'' means the Tax Commission of the Pueblo of 
Tesuque or such other tribal commission, official, council, or 
subdivision designated by the Tribal Council to carry out the duties 
of the Tax Commission hereunder;
    V. ``Tribal Council'' means the Pueblo of Tesuque Tribal 
Council.
    W. ``Tribal Court'' means any or all of the courts established 
by the Pueblo to enforce its law;
    X. ``Wholesaler'' means a person whose place of business is 
located off the Reservation and who Sells, or possesses for the 
purpose of Sale, any Liquor for resale by a Liquor Licensee;
    Y. ``Wholesaler License'' means a revocable license granted by 
the Commission authorizing the Wholesaler named therein to do 
business on the Reservation with a Liquor Licensee; and
    Z. ``Wholesaler Licensee'' means the holder of a valid 
Wholesaler License.
    AA. ``Wine'' means any alcoholic beverage obtained by the 
fermentation of the natural sugar content of fruits, such as grapes 
or apples or other agricultural products, containing sugar, 
including fortified wines such as port, sherry, and champagne.

Section V. Powers of Enforcement

    A. The Tribal Council hereby asserts primary regulatory 
authority over the subject matter of this Liquor Ordinance. The 
Tribal Council shall have the following powers and duties:
    1. To establish, publish and enforce rules and regulations 
governing the Sale, and distribution of Liquor within the 
Reservation. Such rules and regulations shall be at least as 
stringent as the rules and regulations of the State;
    2. To employ managers, accountants, security personnel, 
inspectors, and other such persons as may be reasonably necessary to 
allow the Tribal Council to perform its functions under this Liquor 
Ordinance;
    3. To establish a Commission to handle the rights and 
responsibilities of the Commission.
    4. To exercise such other powers as are necessary and 
appropriate to fulfill the purposes of this Liquor Ordinance.
    B. The Commission shall have the authority to enforce this 
Liquor Ordinance and shall have the following powers and duties:
    1. To authorize the Sale of Liquor at licensed Liquor 
establishments and in Public Places within the Reservation that have 
been specifically approved by a duly adopted Resolution of the 
Tribal Council.
    2. To bring suit in any court of competent jurisdiction to 
enforce this Liquor Ordinance as necessary;
    3. To determine penalties and seek damages for violations of 
this Liquor Ordinance; and
    4. To collect fees levied or set in relation to this Liquor 
Ordinance and keep accurate records, books, and accounts.

Section VI. Limitations

    A. In the exercise of its powers and duties under this Liquor 
Ordinance, the Tribal Council, Commission, and their individual 
members shall not accept gratuities, compensation, or other things 
of value from any Liquor Licensee, Wholesaler, retailer, or 
distributor.
    B. Notwithstanding any other provision of this Liquor Ordinance, 
no penalty may be imposed pursuant or related to this Liquor 
Ordinance in contravention of any limitation imposed by the Indian 
Civil Rights Act of 1968, 82 Stat. 77, 25 U.S.C. 1301, et seq., or 
other applicable federal law.
    C. No violations of this Liquor Ordinance shall be construed to 
be a criminal act, and as such, this Liquor Ordinance is intended to 
be applicable to Indians and non-Indians alike.
    D. If any act prohibited under this Liquor Ordinance would be 
deemed a criminal act under state or federal law, and if the person 
so acting is non-Indian, the Pueblo shall cause the non-Indian to be 
referred to state and/or federal authorities for criminal 
investigation and possible prosecution under applicable state and/or 
federal criminal law.
    E. If any act prohibited under this Liquor Ordinance would be 
deemed a criminal act under state or federal law, and if the 
individual so acting is an Indian, the Pueblo may prosecute the 
individual in Tribal Court, and, if found guilty, such Indian shall 
be punished in accordance with the criminal laws of the Pueblo.
    F. Nothing in this Liquor Ordinance, including but not limited 
to any penalty imposed by the Tribal Court or Commission, shall be 
construed to bar a similar trial or punishment to the full extent of 
any applicable state and/or federal civil or criminal law.

Section VII. Inspection Rights

    A. All premises upon which Liquor is sold, stored, or 
distributed, including any Licensed Liquor Establishment, shall be 
open to inspection by Pueblo, Tribal law enforcements officers, 
federal inspectors and federal law enforcement officers for the

[[Page 57059]]

purposes of ascertaining compliance with this Liquor Ordinance and 
applicable law.
    B. Any Person who prevents or hinders, or attempts to prevent or 
hinder, such inspection shall be in violation of this Liquor 
Ordinance.

Section VIII. Authorized Liquor Sales and Practices

    A. Generally. Except as otherwise provided herein, Liquor 
Licensees may Sell Liquor on the Reservation at such places and 
hours permitted by their Liquor License and allowed by applicable 
Pueblo and State law.
    B. Sales on Sundays and Election Days. Except as otherwise 
limited by the Tribal Council, the Sale of Liquor shall be allowed 
on Sunday and on any Pueblo, federal, or State election day to the 
same extent authorized by the State.
    C. Sales Only by Certified Servers. All Liquor Sales on the 
Reservation authorized by this Liquor Ordinance must be made only by 
Certified Servers who have been certified by the entity providing 
the training program. Annually, and upon the request of the Tesuque 
Governor or the Commission, a Liquor Licensee must submit proof that 
all its employees Selling Liquor are Certified Servers.
    D. Liquor Sales at Gaming Facility. Any Sale of Liquor at a 
gaming facility must comply with all applicable provisions of any 
tribal-state class III gaming compact between the Pueblo and the 
State, as it now exists or hereafter may be amended.
    E. Wholesale Liquor Transactions. A Liquor Licensee may purchase 
Liquor for resale at a Licensed Liquor Establishment only from a 
Wholesaler possessing a valid Wholesale License. A Wholesale 
Licensee may Sell Liquor for resale at a Licensed Liquor 
Establishment only to holders of valid Liquor Licenses issued by the 
Commission, provided that such Sales are otherwise in conformity 
with this Liquor Ordinance and applicable laws of the State.

Section IX. Prohibited Liquor Sales and Practices

    A. Resale. No Liquor Licensee shall Sell Liquor on the 
Reservation for resale; all such Sales must be for the personal use 
and consumption of the purchaser. Resale of any Liquor purchased 
from other than a licensed wholesaler within the exterior boundaries 
of the Reservation is prohibited. Any Person who is not licensed 
pursuant to this Liquor Ordinance who purchases Liquor within the 
boundaries within the Reservation and re-sells it, whether in the 
original container or not, shall be in violation of this Liquor 
Ordinance and shall be subject to penalties under this Liquor 
Ordinance.
    B. Bringing Liquor onto Licensed Liquor Establishment Premises. 
No Person shall bring any Liquor for personal consumption into any 
Licensed Liquor Establishment where Liquor is authorized to be Sold 
by the drink, unless such Liquor was purchased on such premises, or 
unless the possession or distribution of such Liquor on such 
premises is otherwise authorized under the provisions of this Liquor 
Ordinance.
    C. Other Prohibitions on Hours and Days of Sales. The Tribal 
Council may, by duly enacted resolution, establish other days on 
which, or times at which, Sales or consumption of Liquor is not 
permitted within the Reservation. The Tribal Council shall give 
prompt notice of any such enactment to all Wholesaler Licensees, 
Liquor Licensees, and Licensed Liquor Establishments doing business 
within the Reservation.
    D. No Sales to Minors. No Person shall Sell Liquor on the 
Reservation to a Minor. It shall be a defense to an alleged 
violation of this Section that the Minor presented to the Seller of 
the Liquor an apparently valid identification document showing the 
Minor's age to be twenty-one (21) years or older.
    E. No Sales to Intoxicated Persons. No Person shall Sell Liquor 
on the Reservation to a Person believed to be intoxicated.
    F. Sales Must Be Made by Adults. No Minor shall take any order, 
make any delivery, or accept payment for any Sale of Liquor within 
the Reservation, or otherwise have any direct involvement in any 
such Sale.
    G. All Sales Cash. A Licensed Liquor Establishment shall not 
make any Sale of any Liquor without receiving payment therefore by 
cash, check, or credit card at or about the time the Sale is made; 
provided that nothing herein shall preclude the Licensed Liquor 
Establishment from receiving a delivery of Liquor from a duly 
authorized Wholesaler if arrangements have been made to pay for such 
delivery at a different time; and provided further that nothing 
herein shall preclude the Licensed Liquor Establishment from 
allowing a customer to purchase more than one item 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 premises; 
and provided further that nothing herein shall prevent the Licensed 
Liquor Establishment from distributing Liquor to customers without 
charge, so long as such distribution is not otherwise in violation 
of any provision of this Liquor Ordinance.
    H. Open Containers Prohibited. No Person shall have an open 
container of any Liquor in any automobile, whether moving or 
standing still, or in a Public Place, other than on the premises of 
a Licensed Liquor Establishment or in Public Places as authorized by 
a duly adopted Resolution of the Tribal Council. This Section shall 
not apply to empty containers.

Section X. Licensing

A. Pueblo of Tesuque Licensing Commission

    1. All applications for Liquor Licenses will be reviewed and 
decided upon by the Pueblo of Tesuque Liquor Licensing Commission.
    2. This Commission will be made of up three individuals from the 
Pueblo.
    3. These individuals shall be referred to as ``Commissioners.''
    4. The Commission shall be made up of the following 
commissioners:
    a. One member shall be the tax administrator for the Pueblo; and
    b. Two members shall be tribal members selected by the Tribal 
Council.

B. General Eligibility; Applications

    1. The Pueblo, including any Pueblo governmental entity, or an 
Enterprise, is deemed eligible to be a Liquor Licensee without 
further application under this Liquor Ordinance except as such 
licensing pertains to the designation of the Licensed Liquor 
Establishment itself. If the applicant is an Enterprise of the 
Pueblo, the Enterprise shall be the named Liquor Licensee.
    2. Any other Person that wants to Sell Liquor on the Reservation 
must demonstrate general eligibility and apply to become a Liquor 
Licensee on the application forms, accompanied by the fee, and in 
the manner prescribed by the Commission. Any Person that is 
currently employed by the Pueblo or an Enterprise of the Pueblo is 
not eligible to be a Liquor Licensee.

C. Additional Tribal Liquor License Requirements

    No License shall be issued under this Liquor Ordinance except 
upon a sworn application filed with the Commission containing a full 
and complete showing of the following:
    1. Satisfactory proof that the applicant is duly licensed by the 
State to sell Liquor;
    2. The description and location of the premises in which the 
Liquor is to be sold and proof that the applicant is entitled to use 
such premises for such purpose for the duration of the time period 
of the Liquor License.
    3. Agreement by the applicant to accept and abide by all 
conditions of the Liquor License and this Liquor Ordinance.
    4. Payment of a fee established by the Commission.
    5. Satisfactory proof that neither the applicant, nor the 
applicant's spouse, nor any principal owner, officer, shareholder, 
or director of the applicant, has ever been convicted of a felony or 
a crime of moral turpitude as defined by the laws of the State.
    6. If such Person is an individual, he or she must be at least 
twenty-one (21) years of age, and not have been convicted of a 
Liquor-related misdemeanor within the last five (5) years or a 
felony; and
    7. If such Person is a corporation, partnership, or other 
business entity, the manager of the proposed Licensed Liquor 
Establishment must be an individual at least twenty-one (21) years 
of age, who has not been convicted of a Liquor-related misdemeanor 
within the last five (5) years or a felony.
    8. Any non-Tribal applicant for a Liquor License must submit to 
a background investigation by filing with the application two (2) 
complete sets of his or her fingerprints taken under the supervision 
of and certified to by a Tribe or federal law enforcement officer. 
In such a case, the Commission may issue a temporary Liquor License 
pending the results of the background clearance, subject to 
revocation at any time, with or without cause.

C. Licensed Liquor Establishments

    1. In its application for a Liquor License, the applicant also 
must request that the Commission designate and license a specific 
location where the Liquor Licensee is authorized to Sell Liquor on 
the Reservation. The applicant shall, at a minimum, submit a map 
showing the location of the proposed

[[Page 57060]]

site and the perimeters of the land and building, together with a 
general description of the premises. A parcel of land not containing 
a building may be a Licensed Liquor Establishment, including but not 
limited to areas within and adjacent to a racetrack and/or golf 
course. The applicant shall submit such request on the forms and in 
the manner prescribed by the Commission.
    2. No Licensed Liquor Establishment shall be located closer than 
three hundred (300) feet from any church, kiva, plaza, or school.
    3. The Commission, in its sole discretion, may place terms, 
conditions, and/or restrictions on the Sale of Liquor at a Licensed 
Liquor Establishment, including but not limited to the hours and 
days of operation and the type of Liquor Sold; provided that a 
Liquor Licensee may appeal the imposition of any special 
restrictions as provided in this Liquor Ordinance.

Section XI. Processing Applications for Tribal Liquor License

    A. After considering the information submitted on the 
application for a Liquor License, the Commission shall grant and 
issue a Liquor License if it concludes that the Liquor License will 
serve the best interests of the Pueblo and the regulatory goals of 
this Liquor Ordinance.
    B. The Commission shall deny the application if it finds that 
granting a Liquor License would be contrary to the best interests of 
the Pueblo or the regulatory goals of this Liquor Ordinance, 
considering such factors as the applicant's compliance history with 
applicable Pueblo and federal law, whether the applicant is 
currently in violation of any Pueblo law, the number and density of 
Licensed Liquor Establishments on the Reservation, whether the 
applicant will operate a new or existing establishment, whether food 
will be sold on the premises, or any other reason bearing on the 
health, safety, and welfare of the Reservation community or the 
economic security of the Pueblo.
    C. The Commission shall send the applicant a final written 
decision explaining the grounds for its decision either granting or 
denying the application for a Liquor License.
    D. No member of the Commission shall be involved in any decision 
making process involving an application submitted by a member or 
member of the immediate family of a member of the Commissioner.

Section XII. Temporary Permits

    Upon request, the Commission may, in its sole discretion, issue 
special events liquor permits authorizing specific Sales of Liquor 
for specific time periods not to exceed three (3) days on such terms 
as may be established by the Commission; provided that an applicant 
for a special events liquor permit must be at least twenty-one (21) 
years of age and not have been convicted of a Liquor-related felony 
or misdemeanor within the last five (5) years. Each permit issued 
shall specify the types of alcoholic beverages to be sold, the time, 
date and location permitted. A fee, as set by the Commission, will 
be assessed on temporary permits.

Section XIII. Conditions of the Tribal License

    A. Any license issued under this Liquor Ordinance shall be 
subject to such reasonable conditions, as the Commission shall fix, 
including, but not limited to the following:
    1. The license shall be for a term not to exceed two (2) years.
    2. An application for a renewal of a Liquor License may not be 
made more than ninety (90), nor less than sixty (60) days prior to 
the expiration of the Liquor License, made on such forms as 
prescribed by the Tribal Council or Commission, and shall be 
accompanied by any required fees. Denial of an application for 
renewal of a Liquor License is appealable as provided in this Liquor 
Ordinance.
    3. The Licensee shall at all times maintain an orderly, clean, 
and neat establishment, both inside and outside the Licensed Liquor 
Establishment.
    4. The Licensed Liquor Establishment shall be open to inspection 
by duly authorized tribal officials at all times during regular 
business hours.
    5. All acts and transactions under authority of a Liquor License 
shall be in conformity with applicable law and shall be in 
accordance with this Liquor Ordinance and such Liquor License 
issued.
    6. No Minor shall be sold, served, delivered, given, or allowed 
to consume Alcoholic Beverages.
    7. There shall be no discrimination in the operations under the 
Liquor License by reason of race, color, creed, sexual orientation, 
or national origin.
    B. Liabilities of Liquor Licensee. Except as otherwise provided 
herein, each Liquor Licensee shall be accountable for all violations 
of its Liquor License and this Liquor Ordinance, and for all taxes, 
fees, and penalties that may be charged against its Liquor License 
or Licensed Liquor Establishment.
    C. Classes of Liquor Licenses. The Commission may establish by 
regulation classes of Liquor Licenses and the activities authorized 
with each class, including but not limited to restaurants, bars, and 
Package Sales.
    D. Transfer, Assignment, or Lease of Liquor License. No Liquor 
Licensee shall transfer, assign, or lease a Liquor License without 
the prior written approval of the Commission.
    E. License is Not a Property Right. Notwithstanding any other 
provision of this Liquor Ordinance, a Liquor License is a mere 
permit for a fixed duration of time. A Liquor License shall not be 
deemed a property right or vested right of any kind, nor shall the 
granting of a Liquor License give rise to a presumption of legal 
entitlement to the granting of such license for a subsequent time 
period.
    F. Wholesaler--Wholesaler License Required. A Wholesaler shall 
apply for a Wholesaler License on such forms, accompanied by such 
fee, and in such manner as may be prescribed by the Commission. No 
Wholesaler shall Sell, offer for Sale, or ship Liquor to a Liquor 
Licensee for sale at a Licensed Liquor Establishment on the 
Reservation except pursuant to a Wholesaler License.

Section XIV. Rules, Regulations, and Enforcement

    A. Sale or possession with intent to sell without a permit. Any 
Person who shall Sell or offer for Sale, or distribute or transport 
in any manner, any Liquor in violation of this Liquor Ordinance, or 
who shall have Liquor in his possession with intent to Sell or 
distribute without a License or permit shall be in violation of this 
Liquor Ordinance.
    B. Purchases from other than licensed or allowed facilities. Any 
Person who, within the boundaries of the Reservation, buys Liquor 
from any Person other than a Liquor Licensee shall be in violation 
of this Liquor Ordinance.
    C. Consumption or possession of Liquor by Minors. No Minor shall 
consume, acquire, or have in his or her possession any Liquor. No 
Person shall permit any Minor to consume Liquor as set out in this 
Section.
    D. Sales of Liquor to Minors. Any Person who shall Sell or 
provide Liquor to any Minor shall be in violation of this Liquor 
Ordinance for every Sale or drink provided.
    E. Transfer of identification to a minor. Any Person who 
transfers in any manner an identification of age to a Minor for the 
purpose of permitting such Minor to obtain Liquor shall be in 
violation of this Liquor Ordinance; provided, that corroborative 
testimony of a witness other than the Minor shall be a requirement 
of finding a violation of this Liquor Ordinance.
    F. Use of False or Altered Identification. Any Person who 
attempts to purchase Liquor through the use of a false or altered 
identification shall be in violation of this Liquor Ordinance.
    G. Acceptable Identification. If there is a question of a 
Person's right to purchase Liquor, such Person shall be required to 
present any one of the following cards of identification which shows 
his or her correct age and bears his or her signature and 
photograph: (1) A valid driver's license of any state or 
identification card issued by any state department of motor 
vehicles; (2) United States active duty military ID; (3) a 
passport.; or (4) a recognized tribal identification card.
    H. Happy Hours. The Commission may adopt a policy or regulations 
on the conduct of happy hours at Licensed Liquor Establishments 
wherein Liquor is Sold on certain occasions or at certain times for 
a price substantially lower than at other times. The Commission also 
may request that each Licensed Liquor Establishment conducting Happy 
Hour establish written policies on Happy Hour for approval or 
disapproval by the Commission.

I. Violations of This Liquor Ordinance

    1. Civil Liabilities. Any Person authorized to enforce this 
Liquor Ordinance in the name of the Pueblo may bring a civil action 
in the Tribal Court against any Person who engaged in an activity or 
activities prohibited herein and may recover monetary damages, civil 
fines not exceeding five hundred dollars ($500.00) per violation, 
attorney fees, injunctive relief, and/or any other relief that is 
just and equitable under the circumstances, including but not 
limited to orders for the violator:

[[Page 57061]]

    a. To perform up to one hundred and twenty (120) hours of 
community service on the Reservation;
    b. To make restitution; and/or
    c. To disgorge any monetary benefit derived from engaging in the 
prohibited activities.
    2. Exclusion from Reservation. For good and sufficient cause 
found, the Tribal Court may exclude from the Reservation any Person 
who engages in an activity or activities prohibited by this Liquor 
Ordinance to the extent such exclusion is not inconsistent with 
Pueblo law.
    3. Suspension and Revocation of Liquor License or Wholesaler 
License. In addition to any civil penalties, any Liquor License or 
Wholesaler License issued hereunder may be suspended or revoked on 
the following grounds:
    a. Violation of any provision of this Liquor Ordinance or any 
regulations promulgated hereunder or of the applicable liquor laws 
of the State;
    b. Violation of any applicable Pueblo law;
    c. Violation of the terms, conditions, and scope of a Liquor 
License or Wholesaler License and/or otherwise Selling Liquor in 
violation of a Liquor License or Wholesaler License;
    d. Making a material misstatement on the application for a 
Liquor License or Wholesaler License;
    e. As a Liquor Licensee or Wholesaler Licensee, being convicted 
of a felony;
    f. Allowing a nuisance or dangerous behavior to occur within the 
Licensed Liquor Establishment or on its premises;
    g. Allowing the sale, possession, purchase, manufacture, or 
transfer of drug-related paraphernalia, prohibited drugs, or other 
controlled substances, except for the possession of controlled 
substances for which the person in possession has a valid 
prescription; provided that, for purposes of this Liquor Ordinance, 
``prohibited drug'' means any substance the sale, possession, 
purchase, manufacture, or transfer of which is prohibited by 
federal, state, or Pueblo criminal drug provisions, and which has 
not been obtained by its possessor pursuant to a valid prescription, 
and ``controlled substance'' includes all prohibited drugs; or
    h. Any other good cause shown.
    4. Temporary Revocation or Suspension of a Liquor License or 
Wholesaler License Without Notice. In the event of an emergency and/
or to protect the health, safety, and welfare of the public present 
on the Reservation, the Commission may temporarily revoke or suspend 
a Liquor License or Wholesaler License without prior notice for a 
period not exceeding thirty (30) days.
    5. Notice.
    a. Except as provided in subpart 4 of this section, the 
Commission shall provide written notice of its intent to revoke or 
suspend a Liquor License or Wholesaler License or to impose special 
restrictions for a violation of this Liquor Ordinance. Such notice 
shall be received in person or by certified mail, return receipt 
requested, to the last known address of the Liquor Licensee or 
Wholesaler Licensee, at least ten (10) days in advance of the 
hearing. The notice will be delivered in person or by certified mail 
with the Commission retaining proof of service. The notice will set 
out the rights of the alleged violator, including but not limited to 
the right to have an attorney present, and the right to speak, to 
present witnesses, and to cross-examine any adverse witnesses.
    b. If the Liquor Licensee or Wholesaler Licensee cannot be so 
served with notice, the Liquor Licensee or Wholesaler Licensee may 
be served by publication in a newspaper of general circulation in 
the area once each week for two (2) consecutive weeks. The Liquor 
Licensee or Wholesaler Licensee shall have at least ten (10) days 
from the day the notice was delivered, or from the date of last 
publication, to show cause why the Liquor License or Wholesaler 
License should not be revoked or suspended or the special 
restrictions imposed.
    6. Hearing. The Commission shall afford the Liquor Licensee or 
Wholesaler Licensee an opportunity to appear and be heard, either in 
person or through a representative, and to submit such evidence as 
may be relevant.
    I. Possession of Liquor Contrary to This Liquor Ordinance. 
Liquor obtained, possessed, or controlled in violation of this 
Liquor Ordinance is declared to be contraband. Any Pueblo agent, 
employee, or officer who is authorized by the Tribal Council or 
Commission to enforce this Section shall have the authority to, and 
shall, seize all contraband.
    J. Disposition of Seized Contraband. Any Pueblo agent, employee, 
or officer seizing contraband shall preserve the contraband in 
accordance with applicable tribal and federal law, and the party 
previously in possession or control of the contraband shall forfeit 
all right, title, and interest in the items seized, which shall 
become the property of the Pueblo.

Section XV. Certified Servers

    A. Application Requirements. Every employee of a Liquor 
Licensee, who Sells Liquor at a Licensed Liquor Establishment, must 
be a Certified Server twenty-one (21) years of age or older. Such 
employee shall apply for certification on such forms, accompanied by 
such fee, and in such manner as may be prescribed by the Commission. 
The application for certification shall contain:
    1. The name and address of the applicant;
    2. A list of all the applicant's jobs and employment for the 
preceding three (3) years;
    3. A list of all residences for the preceding three (3) years, 
including street address, city, and state, and dates of residence at 
each address;
    4. A signed statement that the applicant agrees to abide by this 
Liquor Ordinance and consents to the personal jurisdiction of the 
Pueblo for purposes of Liquor regulation and enforcement of this 
Liquor Ordinance; and
    5. Evidence (i.e., certificate of completion) that the applicant 
has successfully completed a liquor server education training 
program approved by the Commission.
    B. Certification Term. A Certified Server's certification shall 
be valid for five (5) years from the date of his or her successful 
completion of the liquor server education training program.
    C. Revocation. The Commission may revoke any certification 
issued under this Section if the Certified Server violates any 
provision of this Liquor Ordinance or any regulations promulgated 
hereunder, violates any applicable Pueblo law, makes a material 
misstatement on the application for certification, is convicted of a 
felony, or for other good cause shown.

Section XVI. Appeals to Tribal Court

    A. Appealable Actions. Any Person or entity that is denied a 
Liquor License or a Wholesaler License, or whose Liquor License or 
Wholesaler License is limited by special restrictions, is suspended, 
revoked, or denied renewal, may appeal the adverse action to the 
Tribal Court. Any Person that is denied a certification or whose 
status as a Certified Server has been revoked or deemed unacceptable 
may appeal the adverse action to the Tribal Court. All appeals 
hereunder must be filed with the Tribal Court within [thirty (30)] 
days of the date of the adverse action or be forever barred; 
provided that, if no appeal is timely made as provided herein, an 
action is final and shall not be subject to further appeal in any 
forum or court.
    B. Rules; Stay; Bond. The procedural rules of the Tribal Court 
appropriate for administrative appeals, or such other procedural 
rules that may be established by regulation to govern such appeals, 
shall apply. Upon request, the Tribal Court in its discretion may 
stay a suspension or revocation pending an appeal and/or require 
that the appellant post an appeal bond in such amount as it may be 
set by the Tribal Court.
    C. Decision of Tribal Court Final. All decisions of the Tribal 
Court on appeals under this Section are final and not further 
appealable in any forum or court.

Section XVII. Inspection of Licensed Liquor Establishment Premises

    A. All premises used in the storage or Sale of Liquor or any 
premises or parts of premises used or in any way connected, 
physically or otherwise, with a Licensed Liquor Establishment shall 
at all times be open to inspection by any Pueblo or federal 
inspectors or federal law enforcement officers.
    B. Any Person, being on such premises and having charge thereof, 
who refuses or fails to admit a Pueblo or federal inspector or 
Pueblo or federal law enforcement officer demanding to enter therein 
in pursuance of this Section in the execution of his or her duty, or 
who obstructs or attempts to obstruct the entry of such inspector or 
officer, shall be deemed to have violated this Liquor Ordinance.

Section XVIII. Transportation Through Reservation

    Nothing in this Liquor Ordinance shall apply to the otherwise 
lawful transportation of Liquor through the Reservation by Persons 
remaining on public highways or other paved facilities for motor 
vehicles provided that such Liquor is not Sold, or offered for Sale, 
within the Reservation.

[[Page 57062]]

Section XIX. Profits

    A. Disposition of Proceeds. The gross proceeds collected by the 
Commission from licensing shall be distributed as follows:
    1. For the payment of all necessary personnel, administrative 
costs, and legal fees for the administration of the provisions of 
this Liquor Ordinance.
    2. The remainder shall be remitted to the General Fund Account 
of the Tribe.

Section XX. Sovereign Immunity

    Nothing in this Liquor Ordinance is intended nor shall be 
construed as a waiver of the sovereign immunity of the Pueblo. No 
employee, officer, or agent of the Pueblo shall be authorized, nor 
shall he or she attempt, to waive the immunity of the Pueblo.

Section XXI. Jurisdiction; Conflicts With Other Laws

    A. Jurisdiction. Exceptions as otherwise provided in this Liquor 
Ordinance, any and all actions pertaining to alleged violations of 
this Liquor Ordinance, or seeking any relief against the Pueblo, its 
officers, employees, or agents arising under this Liquor Ordinance, 
shall be brought in the Tribal Court, which court shall have 
exclusive jurisdiction consistent with the inherent sovereignty and 
immunity of the Pueblo and applicable federal and Pueblo law.
    B. Conflicts with Other Laws. If this Liquor Ordinance is 
determined to conflict with any other Pueblo law of general 
application, this Liquor Ordinance shall control.

Section XXII. Severability

    If any provisions of this Liquor Ordinance or the application of 
any provision to any Person or circumstances is held invalid or 
unenforceable by a court of competent jurisdiction, such holding 
shall not invalidate or render unenforceable the remainder of this 
Liquor Ordinance and its application to any other Person or 
circumstances, and, to this end, the provisions of this Liquor 
Ordinance are severable.

Section XXIII. Effective Date

    This Liquor Ordinance shall be effective on such date as the 
Secretary of the Interior certifies this Liquor Ordinance and 
publishes the same in the Federal Register, and it supersedes any 
and all prior Liquor Ordinances that have been so adopted and 
certified.

Section XXIV. Amendment

    This Liquor Ordinance may be amended by a resolution adopted by 
a majority vote of the Tribal Council.
[FR Doc. E7-19740 Filed 10-4-07; 8:45 am]
BILLING CODE 4310-4J-P