Alcoholic Beverage Control Ordinance, Salt River Pima-Maricopa Indian Community (SRPMIC), 39960-39968 [2010-17003]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 75, Number 133 (Tuesday, July 13, 2010)]
[Notices]
[Pages 39960-39968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17003]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Alcoholic Beverage Control Ordinance, Salt River Pima-Maricopa 
Indian Community (SRPMIC)

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Secretary's certification of the 
amendment to the Salt River Alcoholic Beverage Control Ordinance, 
Chapter 14, Articles I, II, and III of the Salt River Pima-Maricopa 
Indian Community's Code of Ordinances. An amended Chapter 14 of the 
Code of Ordinance was last published on April 1, 2009 (Vol. 74, No. 61, 
FR 14813). This amendment repeals Articles I and II of Chapter 14 of 
the Salt River Pima-Maricopa Indian Community Code of Ordinances in its 
entirety and adopts revised Articles, I, II and III to update and 
provide necessary clarifications to the regulated possession, community 
and to incorporate the January 29, 2009, initiative vote of the people 
regarding the sale of alcoholic beverages at certain restaurants within 
the community.

DATES: Effective Date: This Code is effective as of August 12, 2010.

FOR FURTHER INFORMATION CONTACT: Sharlot Johnson, Tribal Government 
Services Officer, Western Regional Office, 2600 North Central Avenue, 
Phoenix, Arizona 85004-3050, Telephone (602) 379-6786; Fax (602) 379-
4100; or Elizabeth Colliflower, Office of Tribal Services, 1849 C 
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 
513-7641; 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 Salt River Pima-Maricopa Indian 
Community Council adopted this amendment to the Salt River Pima-
Maricopa Indian Community's Code of Ordinances, Chapter 14, Articles I, 
II, and III, by Ordinance No. SRO-355-2010 on December 9, 2009.
    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 the Salt River Pima-Maricopa Indian Community 
Council duly adopted this amendment to the Alcoholic Beverage Control 
Ordinance No. SRO-355-2010 on December 9, 2009.

    Dated: July 2, 2010.
Donald Laverdure,
Deputy Assistant Secretary--Indian Affairs.
    The amendment to Salt River Pima-Maricopa Indian Community's Code 
of Ordinances, Chapter 14, Articles I, II, and III, reads as follows:

Salt River Pima-Maricopa Indian Community

    Ordinance Number: SRO-355-2010.
    To Repeal Articles I & II Of Chapter 14 of the Salt River Pima-
Maricopa Indian Community Code of Ordinances in Its Entirety and 
Adopt Revised Articles I, II & III, To Update and Provide Necessary 
Clarifications to the Regulated Possession, Consumption and Sales of 
Alcoholic Beverages Within the Community and to Incorporate The 
January 29, 2009 Initiative Vote of the People Regarding the Sale of 
Alcoholic Beverages at Certain Restaurants Within the Community.
    Be it enacted that:
    Chapter 14, Articles I and II of the Salt River Pima-Maricopa 
Indian Community Code of Ordinances are repealed in their entirety 
and revised Articles I, II and III are hereby enacted; and Chapter 
14, Articles III and IV are also hereby revised to read Articles IV 
and V (while retaining all text that is included in the existing 
Articles III and IV):

Article I. In General

Sec. 14-1. Sovereign Immunity.

    Nothing in this Chapter 14 of the SRPMIC Code of Ordinances is 
intended to be or shall be construed as a waiver of the sovereign 
immunity of the Salt River Pima-Maricopa Indian Community.

Article II. Alcoholic Beverage Control

Sec. 14-2. Title; authority; purpose; etc.

    (a) Title. This Article shall be known as the Salt River Pima-
Maricopa Indian Community Alcoholic Beverage Control Ordinance.
    (b) Authority. This Article is enacted pursuant to the Act of 
August 15, 1953 (Pub. L. 83-277, 67 Stat. 588, 18 U.S.C. Section 
1161) and Article VII of the Salt River Pima-Maricopa Indian 
Community Constitution.
    (c) Purpose. The purpose of this Article II and III is to 
regulate and control the Possession, consumption, and sale of liquor 
or Alcoholic Beverages within the boundary of the Community. The 
enactment of an ordinance governing liquor or Alcoholic Beverages 
Possession and sale on the reservation will increase the ability of 
the Community government to control Alcoholic Beverage sale, 
distribution, and Possession while at the same time providing an 
important source of revenue for the continued operation and 
strengthening of the Community government and its delivery of 
Community government services.
    (d) Application of 18 U.S.C. Section 1161. All acts and 
transactions under this Article shall be in conformity with this 
Article and

[[Page 39961]]

in conformity with the laws of the State of Arizona, to the extent 
required by 18 U.S.C. Section 1161.
    (e) Effective date. This Article shall be effective as a matter 
of Community law upon approval by the Community Council and 
effective as a matter of federal law when the Assistant Secretary of 
Indian Affairs certifies and publishes this Article in the Federal 
Register.

Sec. 14-3. Scope.

    Chapter 14 of the Code of Ordinances of the Salt River Pima-
Maricopa Indian Community constitutes the entire statutory law of 
the Community in regard to the sale, Possession and/or distribution 
of Alcoholic Beverages within the Community.

Sec. 14-4. Definitions.

    Aggrieved Party means a Person, an Applicant, a Community Member 
or the Community.
    Alcoholic Beverage means beer, wine or other spirituous liquor 
(including but not limited to brandy, whiskey, rum, tequila, mescal, 
gin, porter, ale, any malt liquor beverage, absinthe, a compound 
mixture of these or a compound mixture of these with any other 
substance which produces intoxication, fruits preserved in ardent 
spirits and beverages containing more than one-half of one percent 
of alcohol by volume).
    Applicant means any partnership, corporation, limited liability 
company or Community enterprise as well as any natural Person that 
is or are requesting approval of a Community liquor License.
    Broken Package means any container of spirituous liquor on which 
the United States tax seal has been broken or removed, or from which 
the cap, cork or seal placed thereupon by the manufacturer has been 
removed.
    Community means the Salt River Pima-Maricopa Indian Community, a 
federally recognized Indian tribe.
    Controlling Person means a Person directly or indirectly 
Possessing control of an Applicant or Licensee. Control is presumed 
to exist if a Person has the direct or indirect ownership of or 
power to vote ten percent (10%) or more of the outstanding voting 
securities of the Applicant, Licensee or Controlling Person or to 
control in any manner the election of one or more of the directors 
of the Applicant, Licensee or Controlling Person. In the case of a 
partnership, control is presumed to mean the general partner or a 
limited partner who holds ten percent (10%) or more of the voting 
rights of the partnership. For the purposes of determining the 
percentage of voting securities owned, controlled or held by a 
Person, there shall be aggregated with the voting securities 
attributed to the Person the voting securities of any other Person 
directly or indirectly controlling, controlled by or under common 
control with the other Person, or by an officer, partner, employee 
or agent of the Person or by a spouse, parent or child of the 
Person. Control is also presumed to exist if a creditor of the 
Applicant, Licensee or controlling person holds a beneficial 
interest in ten percent or more of the liabilities of the Licensee 
or Controlling Person.
    Director means Director of the Community Regulatory Agency who 
is also the Director.
    Gross Revenue means the revenue derived from all the sales of 
food and Alcoholic Beverages on the Licensed Premises, regardless of 
whether the sales of Alcoholic Beverages are made under a Restaurant 
License issued pursuant to this Article.
    Hearing Officer means a person designated by the Community 
Manager to hear an appeal of a decision made by the Director.
    License means a License issued pursuant to the provisions of 
this Article by the Community.
    Licensed Premises or Premises means a place from which a 
Licensee is authorized to sell Alcoholic Beverages under the 
provisions of this Article.
    Licensee means any partnership, corporation, limited liability 
company or Community enterprise, as well as any natural Person who 
has been authorized to sell Alcoholic Beverages for consumption at a 
particular Premises by the Community.
    Minibar means a closed container, either refrigerated in whole 
or in part or non-refrigerated, where access to the interior is 
restricted by means of a locking device which requires the use of a 
key, magnetic card or similar device.
    Office means the alcohol beverage control Office or Persons 
within the Community Regulatory Agency that regulate Alcoholic 
Beverage and/or liquor sales and distribution transactions within 
the Community as created in Section 14-5 of this Article.
    Off-Sale Retailer means any Person operating a bona fide 
regularly established retail liquor store selling Alcoholic 
Beverages and any established retail store selling commodities other 
than Alcoholic Beverages that is engaged in the sale of Alcoholic 
Beverages only in the original unbroken package, to be taken away 
from the Premises of the retailer and to be consumed off the 
Premises.
    On-Sale Retailer means any Person operating an establishment 
where spirituous liquors are sold in the original container for 
consumption on or off the Premises or in individual portions for 
consumption on the Premises.
    Person means any partnership, corporation, limited liability 
company, or Community enterprise, as well as any natural Person.
    Possess means to have any item or substance within the control 
of a Person or to have any Alcoholic Beverage within a Person's 
body, regardless of where the consumption may have taken place.
    Public Patio Enclosure means a contiguous patio or a patio that 
is not contiguous to the remainder of the Licensed Premises if the 
noncontiguous patio is separated from the remainder of the Premises 
or Licensed Premises by a public or private walkway or driveway not 
to exceed 30 feet, subject to the rules that the Office may adopt to 
establish criteria for a noncontiguous Premises.
    Private Residence means a place where an individual or a family 
maintains a habitation.
    Public Place means any place that is not a Private Residence, 
including within operational motor vehicles or non-residential 
structures, and not Licensed, pursuant to this Article, for the 
Possession of Alcoholic Beverages.
    Restaurant (excluding the provisions in this Article that govern 
casino or golf course Licenses) means an establishment that derives 
at least forty percent (40%) of its Gross Revenue from the sale of 
food, including sales of food for consumption off the Licensed 
Premises if the amount of these sales included in the calculation of 
Gross Revenue from the sale of food does not exceed fifteen percent 
(15%) of all Gross Revenue of the Restaurant.

Sec. 14-5. Office of Alcohol Beverage Control, Director

    (a) Office. The Office of Alcohol Beverage Control (``Office'') 
is hereby established within the Community's Community Regulatory 
Agency. The Director of the Community Regulatory Agency is hereby 
designated as the Alcohol Beverage Control Officer (``Director'') 
who will be responsible to the Community Manager and whose duties 
may be delegated from time to time to other employees of the Office. 
All of the positions of the Office will be filled and conducted in 
accordance with the Community's established policies and procedures.
    (b) Authority of the Office. The Office shall have the following 
authority:
    1. To grant and deny applications in accordance with this 
Article;
    2. Adopt rules and regulations to implement this Article;
    3. Hold hearings and make determinations on whether to grant or 
deny Licenses;
    4. Employ necessary personnel;
    5. Maintain a public record open to the public containing the 
names and addresses of each Licensee and any Person who is a 
Controlling Person;
    6. Liaison between the Office and the Salt River Police 
Department to ensure enforcement of Articles II and III of Chapter 
14 and any relevant regulations issued pursuant to Chapter 14;
    7. Investigate and enforce compliance of Articles II and III of 
Chapter 14 and any relevant regulations that also pertain to the 
selling of Alcoholic Beverages within the Community; and
    8. Inspect, during the hours in which a Premises is occupied, 
the Premises of a Licensee.
    (c) Inspection of Premises, Enforcement and Investigations. The 
Office shall receive complaints of alleged violations of Articles II 
and III and is also responsible for the investigation of allegations 
of, violations of, or non-compliance with, the selling of Alcoholic 
Beverages pursuant to Articles II and III or any relevant 
regulations issued pursuant to Chapter 14.
    1. The Office shall establish a separate investigation unit 
which has as its responsibility the investigation of compliance 
within this Article.
    2. A complete record of all applications, actions taken thereon, 
and any Licenses issued shall be maintained by the Office and shall 
be open for public inspection at the Office.
    3. Office staff that are authorized to investigate pursuant to 
this Article shall have the authority to investigate and issue a 
notice

[[Page 39962]]

of a violation of noncompliance with Chapter 14.
    4. The Office or the Salt River Police Department may cite a 
Licensee to appear before the Hearing Officer for a hearing upon 
allegations of violations of Articles II and III or any relevant 
regulations issued pursuant to Chapter 14.
    5. The Office or the Director may take evidence, administer 
oaths or affirmations, issue subpoenas requiring attendance and 
testimony of witnesses, cause depositions to be taken and require by 
subpoena duces tecum for the production of books, papers and other 
documents which are necessary for the enforcement of Article II and 
III of this Chapter.
    6. The Office, including the Director may, in enforcing the 
provisions of this Article, inspect the Premises.

Sec. 14-6. Lawful Commerce, Possession or Consumption.

    (a) Alcoholic Beverages may be possessed and consumed only at 
Private Residences, and Licensed Premises pursuant to this Chapter 
14, and may be transported in unbroken containers to such places.
    (b) Wine may be purchased, stored, distributed, and consumed in 
connection with the bona fide practice of a religious belief or as 
an integral part of a religious exercise of an organized church and 
in a manner not dangerous to public health or safety.
    (c) The purchase, storage and use of Alcoholic Beverages solely 
for the purpose of cooking or preparing food and in a manner not 
dangerous to public health and safety are authorized.
    (d) Alcoholic Beverages may also be served and consumed at a 
Premises licensed pursuant to a Business Ancillary License if the 
following conditions have been met: (1) A business serves Alcoholic 
Beverages as part of a cooking demonstration or cooking class, or 
(2) is an accredited school offering degree programs in the culinary 
arts.
    (e) Alcoholic Beverages may be sold at Licensed Premises only 
under the conditions under which the License is issued.

Sec. 14-7. Designated Area and Licenses

    (a) Designated area. The Director may issue a License for 
Premises located within the designated area identified in the 
December 9, 2009 Approved SRPMIC Liquor Licensing Area Corridor 
(attached to this ordinance, and incorporated herein by reference).
    (1) The December 9, 2009 Approved SRPMIC Liquor Licensing Area 
Corridor shall be kept with the official records of the Community in 
the Office of the Council Secretary.
    (2) Upon majority vote by the Community Council and publication 
in the Community's newspaper, the Community Council may amend the 
December 9, 2009 Approved SRPMIC Liquor Licensing Area Corridor and 
any future amendments thereof.
    (b) Premises that may be Licensed. Licenses may only be issued 
for Premises as listed and defined below.
    (1) Hotel-Motel License.
    a. The Director may issue a Hotel-Motel License to any hotel or 
motel that operates either a Restaurant or a bar in the hotel or 
motel, provided that the Applicant is otherwise qualified to hold a 
License.
    b. The holder of a Hotel-Motel License is authorized to sell and 
serve Alcoholic Beverages solely for consumption on the Licensed 
Premises. For the purpose of this section ``Licensed Premises'' 
shall include all Minibars located within guest rooms 
accommodations, public bar rooms, outdoor patio enclosures, outdoor 
pool areas, public Restaurant rooms, facilities, areas, and private 
banquet or meeting rooms located within the hotel-motel Premises or 
connected to the hotel-motel Premises.
    (2) Casino License.
    a. The Director may issue a Casino License to any casino 
authorized to operate as a casino by the Community.
    b. The holder of a Casino License is authorized to sell and 
serve Alcoholic Beverages solely for consumption on the Licensed 
Premises. For the purpose of this section, ``Licensed Premises'' 
shall include all public bar rooms, gaming areas, private banquet or 
meeting rooms, restaurants, other food service facilities, outdoor 
patio enclosures, and land contiguous to the casino facility.
    (3) Golf Course Clubhouse License.
    a. The Director may issue a Golf Course Clubhouse License to any 
golf course clubhouse.
    b. The holder of a Golf Course Clubhouse License is authorized 
to sell and serve Alcoholic Beverages solely for consumption on the 
Licensed Premises and only to patrons of the golf course facility. 
For the purpose of this section, ``Licensed Premises'' shall include 
all restaurants and other food service facilities, private banquet 
or meeting rooms, bar rooms, outdoor patio enclosures, lounge 
facilities within the golf course clubhouse, and golf course 
enclosure. For purposes of this section a ``golf course clubhouse'' 
means a clubhouse located on a golf course. For purposes of this 
section a ``golf course enclosure'' means substantially undeveloped 
land, including amenities such as landscaping, irrigation systems, 
paths and golf greens and tees, that may be used for golfing or 
golfing practice by the public or by members and guests of a private 
club.
    (4) Restaurant License.
    a. The Director may issue a Restaurant License to any Restaurant 
that is regularly open for the serving of food to guests for 
compensation and that has suitable kitchen facilities connected with 
the Restaurant for keeping, cooking and preparing foods required for 
ordinary meals .
    b. The Restaurant shall be regularly open for the serving of 
food to guests for compensation and is an establishment which 
derives at least forty percent (40%) of its Gross Revenue from the 
sale of food (which includes non-alcoholic beverages), including 
sales of food for consumption off the Licensed Premises if the 
amount of these sales included in the calculation of Gross Revenue 
from the sale of food does not exceed fifteen percent (15%) of all 
Gross Revenue for the Restaurant. For purposes of meeting the Gross 
Revenue requirements, a Restaurant License Applicant may request 
that the License Premises include less than the entire establishment 
in which the Applicant operates its business; provided that 
Alcoholic Beverages are restricted to the Licensed Premises.
    c. The holder of a Restaurant License may sell and serve 
Alcoholic Beverages solely for consumption on the Licensed Premises. 
For the purpose of this subsection, ``Licensed Premises'' may 
include rooms, areas or locations in which the Restaurant normally 
sells or serves Alcoholic Beverages or spirituous liquors pursuant 
to regular operating procedures and practices and that are 
contiguous to the Restaurant or a Public Patio Enclosure. For the 
purposes of this subsection, a Restaurant Licensee must submit proof 
of tenancy or permission from the landlord for all property to be 
included in the Licensed Premises.
    d. The holder of a Restaurant License shall be required upon 
request of the Office to submit an audit of the records for the 
Premises to demonstrate compliance with Section 14-7(b)(4)(b). An 
establishment that averages at least forty percent (40%) of its 
Gross Revenue from the sale of food during a twelve (12) month audit 
period shall be deemed to comply with the Gross Revenue requirements 
of Section 14-7(b)(4)(b). The twelve (12) month audit period shall 
fall within the sixteen (16) months immediately preceding the 
beginning of the audit. The Office shall not require an 
establishment to submit to such an audit more than once a year after 
the initial twelve (12) months of operation. When conducting an 
audit, the Office shall use generally accepted auditing standards.
    i. If the audit reveals that the Licensee did not meet the 
definition of a Restaurant as prescribed in Section14-7(b)(4)(b) and 
the percentage of food sales was less than thirty-seven (37%) 
percent, then the Office shall deem the License to have been revoked 
or the Office may recommend that the Licensee be granted an 
additional twelve (12) month period to attempt to increase their 
food percentage to at least thirty-seven percent (37%).
    ii. If the audit reveals that the Licensee did not meet the 
definition of a Restaurant as prescribed in Section14-16-7(b)(4)(b) 
and the percentage of food sales was more than thirty-seven percent 
(37%) and less than forty percent (40%), then the Office shall allow 
the Licensee to continue to operate under the Restaurant License for 
a period of one (1) year, during which the Licensee shall attempt to 
increase the food percentage to at least forty percent (40%). If the 
Licensee does not increase the percentage of food sales to at least 
forty percent (40%), then the License issued pursuant to this 
Article shall be revoked or the Office may recommend that the 
Licensee be granted an additional twelve (12) month period to 
attempt to increase their food percentage to at least forty percent 
(40%).
    (5) Government License.
    a. The Director may issue a Government License to any Community 
governmental entity or commercial enterprise upon application by the 
governing board of that Community governmental or commercial 
enterprise entity for the sales of Alcoholic Beverages for 
consumption.

[[Page 39963]]

    b. The holder of a Government License may sell and serve 
Alcoholic Beverages solely for consumption on the Licensed Premises. 
The holder of the Government License may sell and serve Alcoholic 
Beverages for consumption on the Premises for which the license is 
issued, including a stadium.
    c. Any agreement entered into by a Community governmental entity 
to a concessionaire to sell or serve Alcoholic Beverages pursuant to 
this subsection shall contain the following provisions:
    i. A provision that fully indemnifies and holds harmless the 
Community and any of its agencies, boards, commissions, Officers, 
and employees against any liability for loss or damage incurred 
either on or off Community property and resulting from the negligent 
serving of Alcoholic Beverages by the concessionaire or the 
concessionaire's agents or employees.
    ii. A provision that either posts a surety bond in favor of the 
Community in an amount determined by the Community to be sufficient 
to indemnify the Community against the potential liability or that 
names the Community as an additional insured in a liability policy 
that provides sufficient coverage to indemnify the Community as 
determined by the Community.
    (6) Business Ancillary License and/or Special Event License.
    a. The Director may issue a Business Ancillary License to (i) a 
business that serves Alcoholic Beverages as part of a cooking 
demonstration or cooking class or (ii) a school offering degree 
programs in the culinary arts.
    i. A Business Ancillary License shall be issued pursuant to the 
process prescribed in Section 14-8 and 14-9 of this Article. 
Provided that certain provisions, as determined by the Director (in 
a written form), may not be applicable as a Business Ancillary 
Licensee is generally considered a social host and not engaged in 
the selling of Alcoholic Beverages.
    ii. A Business Ancillary License shall only be available to a 
business that is not in the primary business of selling food or 
alcohol.
    iii. The holder of a Business Ancillary License is authorized to 
serve Alcoholic Beverages solely for consumption on the Licensed 
Premises and only to guests of the business or in the case of a 
school, to students enrolled at the school.
    iv. The holder of a Business Ancillary License shall not be 
authorized to sell Alcoholic Beverages separately or by the drink.
    b. The Director may issue a Special Event License for a business 
for the purpose of holding a bona fide business-related networking 
function for its customers, clients, employees or business partners; 
or for the purpose of a bona fide charitable, civic, or religious 
organization to hold a special fundraising event. Provided that any 
License issued as a Special Event License meets the following 
conditions:
    i. A Special Event License is only issued for one (1) day for a 
duration that shall not exceed eight (8) hours;
    ii. A Special Event License may only be issued no more than once 
a year and shall only be issued to an Applicant that has obtained a 
special event license pursuant to the requirements of the State of 
Arizona; and
    iii. A Special Event License shall only be available to a 
business that is not in the primary business of selling food or 
alcohol.
    c. A Person applying for a Special Event License must make 
application to the Office at least forty-five (45) days prior to the 
special event. The Director in his/her administrative discretion, 
without a public hearing, shall consider the following factors in 
determining whether to approve or disapprove the Special Event 
License:
    i. Whether the event will be open to the public;
    ii. The criminal history of the Applicant;
    iii. The nature of the event;
    iv. The security measures taken by the Applicant;
    v. The type of Alcoholic Beverages to be sold at the event;
    vi. How the Alcoholic Beverages will be served at the event;
    vii. Whether the Applicant, within the past three (3) years, has 
held an event that created a Community disturbance or whether the 
event site has generated Community disturbance complaints;
    viii. The potential for noise, traffic, lack of parking, and 
other related concerns;
    ix. The length of the event;
    x. The sanitary facilities available to the participants;
    xi. The anticipated amount of participants at the event;
    xii. The availability of the Community's police and fire 
departments to provide coverage at the event (if deemed reasonably 
necessary by the Community);
    xiii. Proof of adequate insurance (as deemed reasonably 
necessary by the Director) by the Applicant for this event; and
    d. The nature of the sound amplification of the event. In 
addition to the Special Event License issued pursuant to this 
Article, the Applicant must obtain a Special Use Permit from the 
Community, and pay for any associated costs, including any overtime 
costs, for police, fire, or other Community departments whose 
presence is determined necessary, by the Community, for the special 
event.

Sec. 14-8. Licensing by the Office.

    (a) Applicant and Licensee Qualifications.
    1. Every Alcoholic Beverage Licensee shall be a citizen of the 
United States.
    2. The Office shall require an Applicant and may require any 
Controlling Person to furnish background information and to submit a 
full set of fingerprints to the Office.
    3. Each Applicant or Licensee shall designate a Person who shall 
be responsible for managing the Premises. The manager shall be a 
natural Person and shall meet all the requirements for licensure 
pursuant to this Article.
    4. No License shall be issued to any Person who, within one (1) 
year before application, has had a License revoked in any 
jurisdiction.
    5. No License shall be issued to or renewed for any Person who, 
within five (5) years before the application, has been convicted of 
a felony in any jurisdiction; provided that for a conviction of a 
corporation, LLC or partnership to serve as a reason for denial, 
conduct which constitutes the offense and was the bases for a felony 
conviction must have been engaged in, authorized, solicited, 
commanded or recklessly tolerated by the directors of the 
corporation, LLC or partnership or by a high managerial agent acting 
within the scope of employment. For purposes of this subsection, 
``high managerial agent'' means an officer, partner or member of a 
corporation, LLC or partnership in a position of comparable 
authority with respect to the formulation of company policy.
    6. No corporation shall be issued a License or a renewal of that 
License unless on file with the Office is a list of all of the 
corporations Officers and directors and any stockholders who owns 
ten percent (10%) or more of the corporation. The Office shall not 
issue or renew a License for any Person who at the request of the 
Director fails to provide the Office with complete financial 
disclosure statements indicating all financial holdings any 
Controlling Person. Provided that, publicly traded companies are 
exempt from the requirements set forth in this paragraph.
    7. An Alcoholic Beverage License shall be issued only after a 
satisfactory showing of the capability, qualifications and 
reliability of the Applicant; and that the public convenience 
requires and that the best interest of the Community will be 
substantially served by the issuance of the License.
    8. The License shall be to sell or deal in Alcoholic Beverages 
only at the place and in the manner provided in the License. A 
separate License shall be issued for each specific Premises.
    9. All applications for an original License, the renewal of a 
License or the transfer of a License pursuant to this Article shall 
be filed with and determined by the Director, unless an appeal is 
filed and then the Hearing Officer will approve or disapprove of 
such License.
    10. A Person who assigns, surrenders, transfers or sells control 
of a business which has an Alcoholic Beverage License shall notify 
the Office within fifteen (15) business days after the assignment, 
surrender, transfer or sale. An Alcoholic Beverage License shall not 
be leased or subleased. A concessional agreement is not considered a 
lease or a sublease in violation of this Article.
    11. If a Person other than those Persons originally Licensed 
acquires control of a License or Licensee, the Person shall file 
notice of the acquisition with the Office within fifteen (15) 
business days after such acquisition of control. All Officers, 
directors or other Controlling Persons shall meet the qualifications 
for licensure as prescribed in this Article. On the request of the 
Licensee, the Director shall conduct a pre-investigation prior to 
the assignment, sale or transfer of control of a License or 
Licensee, the reasonable costs of such investigation shall be borne 
by the Applicant. The pre-investigation shall determine whether the 
qualifications for licensure as prescribed by this Article are met.
    (b) Application. A Person desiring a License to sell or deal 
Alcoholic Beverages shall make application to the Office on a form 
prescribed by the Office.

[[Page 39964]]

    (c) Notice. Within thirty (30) days of receipt of the License 
application, the Office shall hold a hearing on such application. 
Upon receipt of such application, the Office shall post a copy of 
the completed application in a conspicuous place on the front of the 
Premises where the business is proposed to be conducted and in this 
posting, the notice shall contain the following provisions: ``A 
hearing on a liquor License application shall be held at the 
following date, time and location [Insert date, time and address]. 
Any Person owning or leasing property within a one-mile radius may 
contact the Office in writing to register as a protestor. To request 
information regarding procedures before the Office and notice of any 
Office hearings regarding this application, contact the Office at 
[Insert Office contact information].
    (d) Applicant's Burden. Licenses will be issued by the Director 
after a hearing and upon a determination by the Director that the 
following criteria have been met by a satisfactory showing by the 
Applicant that:
    1. the public convenience requires the issuance of the License, 
and
    2. the best interests of the Community will be substantially 
served by the issuance of the License.
    (e) Evidence. Evidence that may be considered when determining 
whether the public convenience requires and the best interest of the 
Community are substantially served by the issuance of a License are 
the following:
    1. Petitions and testimony from Persons in favor of or opposed 
to the issuance of a License who reside in the Community, or own or 
lease property located within the Community that is in close 
proximity to the proposed Premises.
    2. The number and series of Licenses in close proximity.
    3. Evidence that all necessary Licenses and permits have been 
obtained from the state and all other governing bodies.
    4. The residential and commercial population of the Community 
and its likelihood of increasing, decreasing or remaining static.
    5. The Community's residential and commercial population density 
in close proximity.
    6. Evidence concerning the nature of the proposed business, its 
potential market, and its likely customers.
    7. Effect on vehicular traffic in close proximity.
    8. The compatibility of the proposed business with other 
activity in close proximity.
    9. The effect or impact of the proposed Premises on businesses 
or the residential neighborhood whose activities might be affected 
by granting the License.
    10. The history for the past five (5) years of liquor violations 
and reported criminal activity at the proposed Premises provided 
that the Applicant has received a detailed report(s) of such 
activity at least twenty (20) days before the hearing.
    11. Comparison of the hours of operation of the proposed 
Premises to the existing businesses in close proximity.
    12. Proximity to licensed childcare facilities and k-12 schools.
    (f) Inappropriate Purpose. In order to prevent the proliferation 
of Licenses, the Office may deny a License to an Applicant after 
determining that the Applicant's business is inappropriate for the 
sale of spirituous liquor. An inappropriate Applicant or business is 
one that cannot clearly demonstrate that the sale of spirituous 
liquor is directly connected to its primary purpose and that the 
sale of liquor is not merely incidental to its primary purpose.
    (g) Public Hearing. The Director shall determine after a hearing 
has been held whether and under what conditions a License shall be 
issued.
    1. The hearing shall be announced by notice in the Community 
newspaper.
    2. Notice shall be given no less than ten (10) business days 
prior to such hearing.
    3. The hearing shall be conducted by the Director in an informal 
manner with rules adopted pursuant to this Article calculated to 
assure full disclosure of all relevant information.
    4. Professional attorneys may be permitted to represent parties 
at any administrative hearing before the Office, the Director or the 
Hearing Officer pursuant to this Article.
    5. The Director shall hear all relevant issues and, within 
thirty (30) days after the hearing is concluded, shall issue a 
written decision.
    6. The decision will contain the findings of fact relied on by 
the Director for the decision as well as the decision.
    7. The Applicant shall be provided notice of the hearing via 
standard and certified mail.
    8. The Director shall enter an order recommending approval or 
disapproval of the License within sixty (60) days after the filing 
of the application.
    (h) Appeals. A decision of the Director may be appealed by any 
Aggrieved Party to the Community Manager. The Community Manager 
shall appoint a Hearing Officer to hear the appeal. The Hearing 
Officer shall be a member in good standing of the Arizona State Bar 
and shall have previous experience serving in a judicial capacity.
    1. Appeal process. Appeals of any decision of the Director shall 
follow this process:
    a. A notice of appeal shall be filed with the Community Manager 
within fifteen (15) business days after notice of the decision by 
the Director.
    b. The notice of appeal shall state all the grounds for appeal 
relied on by the appellant.
    c. The appellee may file a short written response to the grounds 
for appeal within fifteen (15) business days after the notice of 
appeal is filed.
    d. The notice of appeal and response shall be mailed to the 
opposing party within two (2) business days on which it was filed.
    e. If the appellant is the Applicant for the License, the 
appellee shall in all cases be the Director. If the appellant is a 
Person who filed a notice of appearance or the Community, the 
appellee shall in all cases be the Applicant.
    f. In the event there is more than one notice of appeal filed, 
the appeals shall be consolidated and only one response shall be 
filed to the consolidated appeals.
    2. Status of initial determination. The decision of the Director 
shall be suspended until a final determination of the appeal is 
issued by the Hearing Officer.
    3. Grounds for appeal. An Aggrieved Party may appeal any final 
decision of the Director regarding applications or Licenses based on 
a contention that the decision was any of the following: (1) Founded 
on or contained errors of law, (2) unsupported by any competent 
evidence as disclosed by the record, (3) materially affected by 
unlawful procedures, (4) based on a violation of any SRPMIC 
constitutional provision, or (5) arbitrary or capricious.
    a. The Hearing Officer shall conduct a hearing and may accept 
any relevant and material evidence and testimony.
    b. An official record of the hearing shall be prepared. Persons, 
at their own costs, may request that the hearing record be 
transcribed and may be provided a copy of the transcribed record.
    c. The Hearing Officer shall determine whether the decision is 
supported by the findings of fact and the law.
    d. The Hearing Officer may affirm, reverse or modify any 
decision issued by the Director.
    e. The Hearing Officer's decision shall be final and not subject 
to rehearing, review or appeal.

Sec. 14-9. License Terms, Fees, Renewals and Transfers.

    (a) License Terms and Fees. Licenses shall be issued for a 
period of one (1) year and are renewable on application to the 
Office which will renew upon payment of the appropriate fee.
    1. A Licensee who fails to renew the License on or before the 
due date shall pay a penalty of five hundred dollars ($500.00).
    2. If the due date falls on a Saturday, Sunday or a legal 
holiday, the renewal shall be considered timely if it is received by 
the Office on the next business day.
    3. A Licensee who fails to renew the License on or before the 
due date may not sell, purchase, or otherwise deal in Alcoholic 
Beverages until the License is renewed.
    4. A License that is not renewed within sixty (60) days after 
its due date is deemed terminated. The Director may renew the 
terminated License if good cause is shown by the Licensee as to why 
the License was not renewed on its due date or the sixty (60) days 
following the due date.
    5. Issuances fees for an original License and the renewal 
thereof shall be the following (excluding applicable surcharges):
    a. Hotel-Motel License: Original $2,000.00, renewal $500.00.
    b. Golf Course License: Original $2000.00, renewal $500.00.
    c. Casino License: Original $2,500.00, renewal $750.00.
    d. Restaurant License: Original $2,000.00, renewal $500.00.
    e. Government License: Original $200.00, renewal $100.00.
    f. Business Ancillary License: Original $200.00, renewal 
$100.00.
    g. Special Event License: Original $200.00.
    6. The Office may assess a surcharge on the annual renewals of 
Licenses to be used to help defray the costs of an auditor and 
support staff to review compliance of the requirements of the 
Licensees.

[[Page 39965]]

    7. The Office may assess a surcharge to assist in the costs of 
enforcement programs that respond to complaints filed under this 
Article.
    8. For purposes of this Article only, Licensee shall keep 
records of Licensee's business activity and all Persons employed at 
the Licensed Premises in a manner and location and for such duration 
as prescribed by the Director for a period of at least two (2) 
years. Business Activity shall include invoices, records, bills or 
other papers and/or documents relating to the purchase, sale and 
delivery of Alcoholic Beverages, and in the case of a Restaurant or 
Hotel-Motel Licensee, such documentation shall also be kept for the 
purchase, sale and delivery of food.
    9. Licenses issued under this Article are nontransferable 
without the prior written approval of the Director after the 
application process has been completed.
    a. The transfer fee of a License from one Person to another 
Person is $300.00 (excluding an application fee).
    b. The transfer fee of License from one location to another 
location shall be $100.00 (excluding an application fee).
    c. The Office may issue an interim permit to the transferee of a 
transferable License pursuant to regulations established by the 
Office.
    (b) Beverage restrictions. Licenses may only be issued for 
Premises operated under the following classifications as defined 
herein; and such Licenses may be restricted to the sale of (i) all 
Alcoholic Beverages, (ii) only beer, (iii) only wine, or (iv) only 
beer and wine. Licenses may be restricted based on the type of 
License sought by the Applicant.
    (c) Reasons for Revocation, Suspension and Grounds not to Renew. 
After notice and a hearing, the Director may revoke, suspend or 
refuse to renew any License issued pursuant to this Article for the 
following reasons:
    1. There occurs on the Licensed Premises repeated acts of 
violence or disorderly conduct.
    2. The Licensee fails to satisfactorily maintain the capability, 
qualifications and reliability requirements of an Applicant for a 
License prescribed pursuant to this Article.
    3. The Licensee or Controlling Person knowingly files with the 
Office an application or other document which contains material 
information which is false or misleading or while under oath 
knowingly gives testimony in an investigation or other proceeding 
under this Article which is false or misleading.
    4. The Licensee or the Controlling Person is habitually 
intoxicated while on the Premises.
    5. The Licensed business is delinquent for more than ninety (90) 
days in the payment of taxes, penalties or interest to the 
Community.
    6. The Licensee or the Controlling Person obtains, assigns, 
transfers or sells an Alcoholic Beverage License in a manner that is 
not compliant with Articles II and III of this Chapter 14.
    7. The Licensee fails to keep for two (2) years and make 
available to the Office upon reasonable request all invoices, 
records, bills or other papers and/or documents relating to the 
purchase, sale and delivery of Alcoholic Beverages, and in the case 
of a Restaurant or Hotel-Motel License, all invoices, records, bills 
or other papers and/or documents relating to the purchase, sale and 
delivery of food.
    8. The Licensee or Controlling Person violates or fails to 
comply with Articles II and III, any rule or regulation adopted 
pursuant to this Chapter 14 or any Alcoholic Beverage law of the 
Community.
    9. The Licensee or an employee of a Licensee fails to take 
reasonable steps to protect the safety of a customer of the Licensee 
entering, leaving or remaining on the Licensed Premises when the 
Licensee knew or reasonably should have known of the danger to such 
Person, or the Licensee fails to take reasonable steps to intervene 
by notifying law enforcement officials or otherwise prevent or break 
up an act of violence or an altercation occurring on the Licensed 
Premises or immediately adjacent to the Premises when the Licensee 
knew or reasonably should have known of such acts of violence or 
altercations.
    10. The Licensee or Controlling Person lacks good moral 
character.
    11. The Licensee or Controlling Person knowingly associates with 
a Person who has engaged in racketeering or has been convicted of a 
felony, and the association is of such a nature as to create a 
reasonable risk that the Licensee will fail to conform to the 
requirements of this Article or of any Community law.
    12. The Licensee or Controlling Person is convicted of a felony 
provided that for a conviction of a corporation, LLC or partnership 
to serve as a reason for any action by the Office, conduct which 
constitutes the offense and was the basis for the felony conviction 
must have been engaged in, authorized, solicited, commanded or 
recklessly tolerated by the directors of the corporation, LLC or 
partnership or by a high managerial agent acting within the scope of 
employment. For purposes of this subsection, ``high managerial 
agent'' means an officer, partner or member of a corporation, LLC or 
partnership or any other agent of the corporation, LLC or 
partnership in a position of comparable authority with respect to 
the formulation of company policy.
    (d) Suspension, Revocation, Refusal to Renew or Sanctions.
    1. The Director may suspend, revoke or refuse to issue, transfer 
or renew a License based solely on the unrelated conduct or fitness 
of any officer, director, managing agent or other Controlling Person 
if that officer, director, managing agent or Controlling Person 
retains any interest in or control of the License after sixty (60) 
days following a written notice to the Licensee.
    2. The Director may refuse to transfer any License or issue a 
new License at the same location if the Director has filed a 
complaint against a Licensee or the location which has not been 
resolved that alleges a violation of any of the grounds identified 
in Articles II and III of this Chapter until such time as the 
complaint has been finally adjudicated.
    3. The Director may cause a complaint and notice of hearing to 
be directed to the Licensee setting forth the violations alleged 
against the Licensee.
    e. Upon receipt of a complaint, the Licensee shall have ten (10) 
business days to respond to the allegations by filing a written 
response to the Director.
    f. Failure by the Licensee to respond to the compliant within 
ten (10) business days shall be considered an admission by the 
Licensee of the allegations. The Director may then vacate a hearing 
and impose appropriate sanctions on the Licensee.
    g. In lieu of or in addition to any suspension, revocation or 
refusal to renew a License, the Director may impose a civil penalty 
of not less than two hundred ($200.00) dollars and no more than 
three thousand ($3,000.00) dollars for each violation and/or require 
the Licensee to attend certain training.
    h. The Licensee may appeal the decision by the Director to fine, 
revoke or not renew their License to the Community Manager who will 
appoint a Hearing Officer pursuant to the requirements of this 
Article. The Hearing Officer may affirm, modify or reverse the 
decision of the Director to impose the civil penalty.

Sec. 14-10. Injunction.

    If the Office or the Director has reasonable grounds to believe 
that a Person owns, operates, leases, manages or is controlling a 
business establishment or business Premises that is not properly 
licensed pursuant to this Article, then the Office or the Director 
may apply to the Community Court for a temporary restraining order 
or other injunctive relief prohibiting the specific acts complained 
of by the Office or the Director.

Sec. 14-11. Miscellaneous.

    (a) Severability. If any provision of this Chapter 14 of the 
SRPMIC Code of Ordinances shall be determined invalid or 
unenforceable by a court of competent jurisdiction, such 
determination shall not be held to invalidate or render 
unenforceable the remainder of this Chapter 14, and to this end, the 
provisions of this Chapter are severable.
    (b) Amendment. This Chapter may be amended by a majority vote of 
the Community Council or by the Community initiative or referendum 
process.

Sec. 14-12--12-16. Reserved.

Article III. Unlawful Acts

Sec. 14-17. Violation of Chapter 14.

    (a) Civil sanctions & penalties. A Person who violates any 
provision of this Chapter 14 of the SRPMIC Code of Ordinances may 
have their License revoked, suspended or may be assessed other civil 
sanctions.
    (b) Criminal penalties. Persons who come within the criminal 
jurisdiction of this Community, and are guilty of violations of 
Chapter 14 of this SRPMIC Code of Ordinances, are subject to 
criminal penalties and upon conviction shall be sentenced to 
imprisonment for a period not to exceed six (6) months or to a fine 
not to exceed five thousand dollars ($5000.00) or both such 
imprisonment and fine, with costs.

[[Page 39966]]

Sec. 14-18. Unlawful Acts.

    (a) It shall be unlawful for any Person to buy, sell or 
distribute Alcoholic Beverages in any manner not allowed by Chapter 
14 of the SRPMIC Code of Ordinances
    (b) It shall be unlawful to employ a Person under the age of 
nineteen (19) years in any capacity connected with the handling of 
Alcoholic Beverages.
    (c) It shall be unlawful for a Licensee or other Person to give, 
sell or cause to be sold or otherwise distribute Alcoholic Beverages 
to a Person under the age of twenty-one (21) years.
    1. If a Licensee, an employee of a Licensee or any other person 
questions or has reason to question that a person ordering, 
purchasing, attempting to purchase or otherwise procuring or 
attempting to procure the serving or delivery of spirituous liquor 
is under the legal drinking age, the Licensee, employee of the 
Licensee or other person shall do the following:
    a. Demand identification from the person.
    b. Examine the identification to determine that the 
identification reasonably appears to be a valid, unaltered 
identification that has not been defaced.
    c. Examine the photograph in the identification and determine 
that the person reasonably appears to be the same person in the 
identification.
    d. Determine that the date of birth in the identification 
indicates the person is not under the legal drinking age.
    2. If a Licensee or an employee of a Licensee who follows the 
procedures prescribed above in Section 14-18(c)(1)(a)-(d), records 
and retains a record of the person's identification on this 
particular visit, the Licensee or employee of the Licensee shall not 
be in violation of Section 14-18(c)-(e).
    3. Proof that a Licensee or employee followed the entire 
procedure proscribed above in Section 14-18(c)(1)(a)-(d), but did 
not record and retain a record of the identification is an 
affirmative defense to a violation of this Section 14-8(c)-(e).
    4. A Licensee or employee of a Licensee who has not recorded and 
retained a record of the identification prescribed by Section 14-
18(c)(1)(a)-(d), is presumed not to have followed any of the 
elements of Section 14-18(c)(1)(a)-(d).
    (d) It shall be unlawful for a Person under the age of twenty-
one (21) years to buy, Possess, or consume Alcoholic Beverages.
    (e) It shall be unlawful for a Licensee or an employee of the 
Licensee to knowingly permit any Person on or about the Licensed 
Premises to give or furnish Alcoholic Beverages to any Person under 
the age of twenty-one (21) or knowingly permit any Person under the 
age of twenty-one (21) to have in the Person's Possession Alcoholic 
Beverages on the Licensed Premises.
    j. It shall be unlawful for a Licensee or an employee of the 
Licensee to consume Alcoholic Beverages on or about the Licensed 
Premises during such periods as when such Person is working at the 
Licensed Premises, except that:
    a. An employee of an On-Sale Retailer, during the employee's 
working hours in connection with the employment, while the employee 
is not engaged in waiting on or serving customers, may taste samples 
of beer or wine not to exceed four (4) ounces per day or distilled 
spirits not to exceed two (2) ounces per day provided by an employee 
of a wholesaler or distributor who is present at the time of 
sampling.
    b. An employee of an On-Sale Retailer, under the supervision of 
a manager as part of the employee's training and education, while 
not engaged in waiting on or serving customers may taste samples of 
distilled spirits not to exceed two (2) ounces per educational 
session or beer/wine not to exceed four (4) ounces per educational 
session, and provided that a Licensee shall not have more than two 
(2) educational sessions in any thirty (30) day period.
    c. An unpaid volunteer of a special event may purchase and 
consume Alcoholic Beverages while not engaged in waiting on or 
serving Alcoholic Beverages to customers at the special event. This 
subsection does not apply to unpaid volunteers whose 
responsibilities include verification of a person's legal drinking 
age, security or the operation of any vehicle or heavy machinery.
    d. A Licensee or Employee of a Licensee of a Business Ancillary 
Licensee may consume Alcoholic Beverages as part of a meal prepared 
in connection with a cooking demonstration.
    (g) It shall be unlawful for a Licensee or an employee of the 
Licensee to sell Alcoholic Beverages to a disorderly or obviously 
intoxicated Person, or for a Licensee or employee of a Licensee to 
allow or permit a disorderly or obviously intoxicated Person to 
remain on the Premises except that a Licensee or an employee of the 
Licensee may allow an obviously intoxicated person to remain on the 
Premises for a period of time of not to exceed thirty (30) minutes 
after the state of obvious intoxication is known or should have been 
known to the Licensee in order that a non-intoxicated person may 
transport the obviously intoxicated person from the Premises. For 
purposes of this Article, ``obviously intoxicated'' means inebriated 
to the extent that a Person's physical faculties are substantially 
impaired and the impairment is shown by significant uncoordinated 
physical action or physical dysfunction that would have been obvious 
to a reasonable Person.
    (h) It shall be unlawful for a Licensee or an employee of the 
Licensee to sell Alcoholic Beverages that are in a Broken Package 
(all wine and Alcoholic Beverages shall have their seal broken by 
the Licensee or their employee before serving such Alcoholic 
Beverage to the customer).
    (i) It shall be unlawful for a Licensee or an employee of the 
Licensee to sell Alcoholic Beverages as an Off-Sale Retailer.
    (j) It shall be unlawful for a Licensee or an employee of the 
Licensee to sell Alcoholic Beverages within the Community without 
being also licensed by the State of Arizona to sell Alcoholic 
Beverages.
    (k) It shall be unlawful for a Licensee or an employee of the 
Licensee to sell, dispose of, deliver or give Alcoholic Beverages to 
a Person between the hours of 2 a.m. and 6 a.m., on weekdays (which 
shall include Saturday), and 2 a.m. and 10 a.m. on Sundays.
    (l) It shall be unlawful for a Licensee or an employee of the 
Licensee to allow a Person to consume or Possess Alcoholic Beverages 
on the Premises between the hours of 2:30 a.m. and 6 a.m. on 
weekdays (which shall include Saturday), and 2:30 a.m. and 10 a.m. 
on Sundays.
    (m) It shall be unlawful for a Person to consume Alcoholic 
Beverages in a Public Place, thoroughfare or gathering. Any Licensee 
or employee of the Licensee permitting violations of this paragraph 
shall be subject to License revocation. This paragraph does not 
apply to the sale of Alcoholic Beverages on the Premises of and by 
an On-Sale Retailer.
    (n) It shall be unlawful for an On-Sale Retailer or an employee 
of the Licensee to allow a Person under the age of twenty-one (21) 
to remain in an area on the Licensed Premises during those hours in 
which the primary use is the sale, dispensing or consumption of 
Alcoholic Beverages after the Licensee, or the Licensee's employees 
know or should have known that the Person is under the age of 
twenty-one (21). This subsection does not apply if the Person under 
the legal drinking age is accompanied by a spouse, parent or legal 
guardian who is of legal drinking age, is an on-duty employee of the 
Licensee, or to the area of the Premises used primarily for the 
serving of food when food is being served.
    (o) It shall be unlawful for an On-Sale Retailer or employee of 
the Licensee to conduct drinking contests, to sell or deliver to a 
Person an unlimited number of Alcoholic Beverages during any set 
period of time for a fixed price, to deliver more than thirty-two 
(32) ounces of beer, one (1) liter of wine or four (4) ounces of 
distilled spirits in any Alcoholic Beverage drink to one Person at 
one time for that Person's consumption or to advertise any practice 
prohibited by this paragraph.
    (p) It shall be unlawful for a Licensee or an employee of the 
Licensee to knowingly permit the unlawful Possession, use, sale or 
offer for sale of narcotics, dangerous drugs or marijuana on the 
Premises.
    (q) It shall be unlawful for a Licensee or an employee of the 
Licensee to knowingly permit prostitution or the solicitation of 
prostitution on the Premises.
    (r) It shall be unlawful for a Licensee or an employee of the 
Licensee to knowingly permit unlawful gambling on the Premises.
    (s) It shall be unlawful for a Licensee or an employee of the 
Licensee to knowingly permit trafficking or attempted trafficking in 
stolen property on the Premises.
    (t) It shall be unlawful for a Licensee or an employee of the 
Licensee to fail or refuse to make the Premises or records available 
for inspection and examination as or to comply with a lawful 
subpoena issued under this Chapter.
    (u) It shall be unlawful for any Person other than a law 
enforcement officer, the Licensee or an employee of the Licensee 
acting with the permission of the Licensee to be in the Possession 
of a firearm while on the Licensed Premises of an On-Sale Retailer.
    (v) It shall be unlawful for a Licensee or an employee of the 
Licensee to knowingly permit a Person in Possession of a firearm,

[[Page 39967]]

other than a law enforcement officer, the Licensee or the employee 
of the Licensee (acting with the permission of the Licensee) to 
remain on the Licensed Premises or to serve, sell or furnish 
spirituous liquor to a Person in Possession of a firearm while on 
the Licensed Premises of an On-Sale Retailer.
    (w) It shall be unlawful for a Person under the age of twenty-
one (21) to drive or be in physical control of a motor vehicle while 
there is any Alcoholic Beverage in the Person's body.
    (x) It shall be unlawful for a Licensee or employee of the 
Licensee to purposely induce a voter, by means of alcohol, to vote 
or abstain from voting for or against a particular candidate or 
issue on Election Day.
    (y) It shall be unlawful for a Licensee to fail to report an 
occurrence of an act of violence, within three (3) business days, to 
either the Office or the Salt River Police Department.
    (z) It shall be unlawful for any Person to consume or be in 
Possession of any open container of Alcoholic Beverages while 
operating or while within the passenger compartment of a motor 
vehicle that is located on any roadways or public parking lots 
within the SRPMIC. This paragraph does not apply to a passenger on 
any bus, limousine or a passenger in the living quarters of a mobile 
home.
    (1) Motor vehicle means any vehicle that is driven or drawn by 
mechanical power and that is designed for primary use on public 
roadways.
    (2) Open container means any bottle, can, jar or other 
receptacle that contains Alcoholic Beverages and that has been 
opened, has had its seal broken or the contents of which have been 
partially removed.
    (3) Passenger compartment means the area of a motor vehicle 
designed for seating of the driver and other passengers of the 
vehicle. Passenger compartments include an unlocked glove 
compartment and any unlocked portable devises within the immediate 
reach of the driver or any passengers.
    (aa) It shall be unlawful for any Person over the age of 
eighteen (18) who lawfully exercises dominion and control within any 
Private Residence or the surrounding premises to knowingly permit 
any Person under the age of twenty-one (21) to Possess or consume 
Alcoholic Beverages within the private residence or within the 
immediate surrounding premises.
    (bb) It shall be unlawful for a Licensee to sell Alcoholic 
Beverages in any manner not provided for by Chapter 14 of the SRPMIC 
Code of Ordinances or any regulations issued pursuant to this 
Chapter.

Sec. 14-19--14-20. Reserved.

    Replace ``Article III. Possession in a Public Place'' with 
``Article IV. Possession in a Public Place.'' [All text to remain in 
Sections 14-21 through 14-30].
    Replace ``Article IV. Possession and Use of Narcotics, 
Hallucinogens or Dangerous Drugs, Seizure of Vehicles'' with 
``Article V. Possession and Use of Narcotics, Hallucinogens or 
Dangerous Drugs, Seizure of Vehicles.'' [All text to remain in 
Sections 14-31 through 14-32].
BILLING CODE 4310-02-P

[[Page 39968]]

[GRAPHIC] [TIFF OMITTED] TN13JY10.000

[FR Doc. 2010-17003 Filed 7-12-10; 8:45 am]
BILLING CODE 4310-02-C