Pueblo of Acoma-Title 19-Alcoholic Beverage Sales Law of the Pueblo of Acoma, 5778-5781 [2015-01989]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 80, Number 22 (Tuesday, February 3, 2015)]
[Notices]
[Pages 5778-5781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01989]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[145A21000DDAAK3000000/A0T00000.00000]


Pueblo of Acoma--Title 19--Alcoholic Beverage Sales Law of the 
Pueblo of Acoma

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Alcoholic Beverage Sales Law of the 
Pueblo of Acoma. The Law regulates and controls the possession, sale 
and consumption of liquor within the Pueblo of Acoma. The Law will 
increase the ability of the Pueblo of Acoma to control the distribution 
and possession of liquor within their Reservation and Indian country, 
provide an important source of revenue, and improve the tribal 
government's capacity to deliver tribal services.

DATES: Effective Date: This law is effective February 3, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Riley, Acting Tribal 
Government Officer, Southwest Regional Office, Bureau of Indian 
Affairs, 1011 Indian School Road NW., Suite 254, Albuquerque NM 87104; 
Telephone: (505) 563-3114; Fax: (505) 563-3101, or Ms. Laurel Iron 
Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C 
Street NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-
7641.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Pueblo of Acoma Tribal Council duly 
adopted this law by Resolution No. TC-JUL-22-14 VIa on July 22, 2014.
    The Indian Civil Rights Act (ICRA) provides that no Indian tribe in 
exercising powers of self-government shall deny to any person within 
its jurisdiction the equal protection of its laws or deprive any person 
of liberty or property without due process of law. 25 U.S.C. 1302(8). 
The U.S. Supreme Court and 10th Circuit have determined that a license, 
such as a liquor license or a server permit, is a property interest and 
that the process by which a government revokes a license must provide 
the licensee notice and an opportunity to be heard prior to revocation. 
Bell v. Burson, 402 U.S. 535, 539 (1971); Stidham v. Peace Officer 
Stds. & Training, 265 F.3d 1144, 1150 (10th Cir. 2001).
    The Acoma Beverage Sales Law published herein states that, 
``Notwithstanding any other provision of this Law, a License or Permit 
issued hereunder shall not be deemed a property right or vested right 
of any kind.'' 19-7-6. This statement is contrary to the weight of 
Federal law, but does not have substantive effect on the rights of 
licensees and permittees. The substantive provision at 19-7-4 expressly 
provides that ``Revocation of a License or Server Permit will occur 
only following an opportunity for a hearing before the Tribal Court.'' 
I certify the Law even though it says that licenses and permits shall 
not be considered property rights, because the due process rights of 
licensees and permittees are protected under 19-7-4 and in light of the 
severability provision at 19-14-1.
    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 Pueblo of Acoma Tribal Council duly adopted 
the Alcoholic Beverage Sales Law of the Pueblo of Acoma by Resolution 
No. TC-JUL-22-14 VIa on July 22, 2014.

    Dated: January 22, 2015.
Kevin Washburn,
Assistant Secretary--Indian Affairs.

    The Pueblo of Acoma Alcoholic Beverage Sales Law follows:
Chapter 1. Introduction
    19-1-1 Title. The title of this law shall be the Alcoholic Beverage 
Sales Law of the Pueblo of Acoma.
    19-1-2 Authority. This law is being passed and enacted in 
accordance with

[[Page 5779]]

the inherent governmental powers of the Pueblo of Acoma, a federally 
recognized tribe of Native Americans, which has no written 
Constitution, and in conformance with the laws of the State of New 
Mexico, as required by 18 United States Code Section 1161. That federal 
law allows sale of liquor/alcoholic beverages on Indian land in 
conformity with State and tribal law. State Law, Section 60-3A-5.D. 
NMSA 1978, exempts the Pueblo from application of the New Mexico Liquor 
Control Act provided alcoholic beverages are purchased from New Mexico 
wholesalers, and sales, service, possession or consumption are in 
accordance with a law approved by the Pueblo and the United States.
    19-1-3 Purpose. The purpose of this law is to regulate the sale of 
Alcoholic Beverages (as herein defined) within the exterior boundaries 
of the Pueblo of Acoma.
    19-1-4 Limited Change to Existing Law. Alcoholic beverages may be 
sold in compliance with this law, which creates an exception to section 
6-20-17 of Pueblo of Acoma written laws (2003). Alcoholic beverages 
remain illegal within the Pueblo, except as allowed by this Law.
Chapter 2. Definitions
    19-2-1 Definitions. The definitions below apply to this Law Only.
    A. Alcoholic Beverage. The term ``Alcoholic Beverage'' includes the 
four varieties of liquor commonly referred to as alcohol, spirits, wine 
and beer, and all fermented spirituous, vinous or malt liquor or 
combinations thereof and mixed liquor a part of which is fermented, 
spirituous, vinous or malt liquor, or otherwise intoxicating and every 
liquid or solid or semisolid or other substances patented or not, 
containing alcohol, spirits, wine or beer excluding any prescription or 
over-the-counter medicine, any product not fit for human consumption 
and wine used for sacramental purposes.
    B. Enterprise. The term ``Enterprise'' means a person engaged in or 
desiring to engage in the business of selling Alcoholic Beverages.
    C. Intoxicated Person. The term ``Intoxicated Person'' means a 
person whose mental or physical functioning is substantially impaired 
as a result of the use of alcohol or drugs.
    D. License. The term ``License'' means a license or authorization 
by the Tribal Council for an Enterprise to sell Alcoholic Beverages at 
a designated location.
    E. Licensed Establishment. The term ``Licensed Establishment'' 
means:
    1. A designated location within the physical area of Pueblo of 
Acoma tribal land, excluding lands which have been assigned to an 
individual tribal member, or;
    2. A certain space or area within a building on Pueblo of Acoma 
tribal lands (which have not been assigned to an individual tribal 
member), designated by the Pueblo of Acoma Tribal Council as a place 
where Alcoholic Beverages can be sold. A Licensed Establishment may be 
a designated area, such as an amphitheater.
    F. Licensee. The term ``Licensee'' means an Enterprise which holds 
a Pueblo of Acoma Liquor License and is authorized by the Tribal 
Council to sell and serve Alcoholic Beverages in a Licensed 
Establishment.
    G. Minor. The term ``Minor'' means any person under the age of 
twenty-one (21) years.
    H. Permitted Server. The term ``Permitted Server'' means any 
individual who is an owner or employee of a Licensee and who is 
authorized to sell, serve, or dispense Alcoholic Beverages under such 
rules and regulations as the Pueblo may adopt. A Permitted Server may 
not be a Minor.
    I. Person. The term ``Person'' means an individual, corporation, 
limited liability company, partnership, joint venture, association, 
trust unincorporated organization or business, government, Native 
American Tribe (including the Pueblo and its Enterprises), or any 
agency, instrumentality, or subdivision thereof.
    J. Pueblo. The term ``Pueblo'' means the Pueblo of Acoma, a 
federally-recognized tribe of Native Americans located within the 
exterior boundaries of the State of New Mexico.
    K. Server Permit. The term ``Server Permit'' means a permit to 
serve Alcoholic Beverages issued by this Pueblo to a Permitted Server.
    L. Tribal Council. The term ``Tribal Council'' means the Pueblo of 
Acoma Tribal Council.
    M. Wholesaler. The term ``Wholesaler'' means a person whose place 
of business is located in New Mexico and who sells, offer for sale or 
possesses for the purpose of sale any Alcoholic Beverages for resale by 
a purchaser which is a Licensee.
Chapter 3. General
    19-3-1 [Jurisdiction]. The sales of Alcoholic Beverages shall be 
lawful within the exterior boundaries of the Pueblo of Acoma and on all 
other lands of the Pueblo over which the Pueblo has jurisdiction, 
provided that such sale is made in conformance with federal law, and is 
authorized by this Law.
Chapter 4. Sales Allowed
    19-4-1 [Sales on Pueblo Lands]. Sales of Alcoholic Beverages on 
Pueblo lands are authorized only if the sale occurs in a Licensed 
Establishment owned or operated by a Licensee.
    19-4-2 [Sales at Licensed Establishment]. Sales of Alcoholic 
Beverages at a Licensed Establishment may be made only by a Permitted 
Server.
    19-4-3 [Sales to Individuals]. No sale of Alcoholic Beverages shall 
be made to a person under the age of twenty-one (21), or to an 
Intoxicated Person.
Chapter 5. Licenses and Permits
    19-5-1 Licensees.
    A. Licensed Seller. Acoma Business Enterprises (ABE) directed by 
the Acoma Business Board is expressly recognized as a Licensee. Sale of 
Alcoholic Beverages may occur only in a Licensed Establishment owned or 
operated by a Licensee.
    B. Licensed Establishments. Licensed Establishments are places 
which meet the requirements of Chapter 6 of this Alcoholic Beverage 
Sales Law.
    C. Term and Renewal. Licenses shall be issued for a period not to 
exceed five (5) years, and may be renewable at the discretion of the 
Pueblo upon the submission of a properly completed renewal application, 
accompanied by the applicable license renewal fee, as established from 
time to time by the Pueblo.
    19-5-2 Permitted Servers.
    A. Any individual, including an individual employed by the Pueblo, 
who become a Permitted Server, shall apply for a Server Permit on such 
form and pursuant to such rules and regulations as the Pueblo may 
adopt. The application shall be submitted to the Acoma Office of 
Taxation and Assessment and must contain, among other document(s) 
showing that the individual has taken the requisite alcohol server 
training program as may be required of individuals selling Alcoholic 
Beverages under the laws of the State of New Mexico.
    B. Server Permits, unless sooner revoked, shall be issued for a 
period of up to five (5) years from the date that the Permitted Server 
has completed an alcohol server training program.
    C. Each Manager of each Licensed Establishment shall be a Permitted 
Server.
    19-5-3 Fingerprint Procedures.
    A. The Pueblo may require two sets of fingerprints from any or all 
of the

[[Page 5780]]

individuals identified in section 19-5-2 above.
    B. All applicants to become a Permitted Server and any other 
individual required to submit fingerprints hereunder must consent that 
the fingerprints may be processed by local and National law enforcement 
agencies and all other available agencies. If the search, by virtue of 
the fingerprint submission, reveals any adverse information which was 
not shown on the application, the individual concerned will be given an 
opportunity to explain the circumstance of such omission or challenge 
the authenticity of the revealed information.
    C. Any cost associated with supplying the complete sets of 
fingerprints and the investigation thereafter will be borne exclusively 
by the Permitted Server applicant.
Chapter 6. Licensed Establishments
    19-6-1 [Sales and Serving]. Sales and serving of Alcoholic 
Beverages may occur only in a Licensed Establishment.
    19-6-2 [Identification of Licensed Establishment]. Each Licensed 
Establishment shall be identified by a map showing its designated 
location and the perimeters of the land and/or building, or portion 
thereof, together with a general description of the premises, which map 
and description shall be filed with the Pueblo together with a 
documented approval by the Acoma Business Board requesting the Acoma 
Tribal Council for a License to operate a Licensed Establishment. A 
parcel of land not containing a building, so long as the perimeters 
thereof are defined, may be a Licensed Establishment including, but not 
limited to, an amphitheater, or an area(s) adjacent to the Acoma Casino 
& Hotel, conference center, restaurant and coffee shop complex (such as 
outdoor cafes and special event tents).
    19-6-3 [Designated Location]. A designated location authorized by 
the Tribal Council to sell Alcoholic Beverages shall be deemed to be a 
Licensed Establishment upon filing the map and description required 
under section 19-6-2 and approval by Resolution of the Tribal Council.
    19-6-4 [Location of Licensed Establishment]. No Licensed 
Establishment shall be located closer than 500 feet from any church, 
school, or military installation. A Licensed Establishment shall be 
specifically designated as to whether it is permitted to sell Alcoholic 
Beverages by the package and/or by the drink.
    19-6-5 [Limits on Types of Sales]. Tribal Council can restrict or 
limit the scope or types of sales of alcoholic beverages allowed at 
each Licensed Establishment.
    19-6-6 [Purchase of Alcohol from NM Wholesalers]. A Licensed 
Establishment shall only purchase alcoholic beverages for resale from 
New Mexico wholesalers.
Chapter 7. License and Server Permit Approvals and Denials
    19-7-1 [Grant, Denial or Renewal of License]. The granting, denial 
or renewal of a License shall be within the discretion of the Pueblo of 
Acoma Tribal Council.
    19-7-2 [Grant, Denial or Renewal of Server Permit]. The granting, 
denial or renewal of a Server Permit shall be within the discretion of 
the Pueblo of Acoma Office of Taxation and Assessment.
    19-7-3 [Termination or Revocation of License or Server Permit; For 
Cause]. A License or a Server Permit may be terminated or revoked for 
cause. Cause shall include:
    A. A violation of this Law;
    B. A violation of the Gaming Compact between the Pueblo and the 
State of New Mexico;
    C. A violation of any rules and regulations adopted by the Pueblo 
to implement this Law;
    D. A sale of Alcoholic Beverages outside a Licensed Establishment 
or in violation of its License;
    E. The conviction of a Licensee or a Permitted Server of a felony 
or of a misdemeanor involving a violation of any alcoholic beverage 
law;
    F. A material misstatement in the application for a License or 
Server Permit;
    G. Allowing illegal activities within the Licensed Establishment.
    19-7-4 [Revocation of License or Server Permit; Hearing]. 
Revocation of a License or Server Permit will occur only following an 
opportunity for a hearing before the Tribal Court. Decisions of the 
Tribal Court shall be final and not subject to further review. 
Revocation proceedings can be initiated by the Administrator of this 
Law (see Section 19-10-2).
    19-7-5 [Non-Transferable or Assignable]. No transfer or assignment 
of a License shall be made without the approval in writing of the 
Tribal Council.
    19-7-6 [No Property or Vested Right]. Notwithstanding any other 
provision of this Law, a License or Permit issued hereunder shall not 
be deemed a property right or vested right of any kind. Nor shall the 
granting of any License or Permit give rise to a presumption or legal 
entitlement to the renewal of such License or Permit.
Chapter 8. Prohibited Sales and Practices
    19-8-1 [Licensee and Permitted Servers]. No Licensee or Permitted 
Server shall:
    A. Sell, serve or dispense Alcoholic Beverages to any person who is 
obviously intoxicated;
    B. Award Alcoholic Beverages as prizes;
    C. Sell Alcoholic Beverages to a Minor;
    D. Knowingly sell Alcoholic Beverages to an adult purchasing such 
liquor on behalf of a Minor or an Intoxicated Person; or
    E. Allow a person to bring Alcoholic Beverages onto the premises of 
a Licensed Establishment.
Chapter 9. Enforcement
    19-9-1 Criminal Penalties.
    A. A Permitted Server who is subject to the criminal jurisdiction 
of the Pueblo and is found guilty of violating any portion of this Law, 
or is found guilty of having made any materially false statement or 
concealed any material facts in his/her application for a Server Permit 
granted pursuant to the provisions of this Law, shall have his/her/its 
Server Permit immediately revoked subject to reinstatement after a 
hearing pursuant to 19-7-4, and such individual shall be subject to a 
fine not to exceed $500.00 for each violation.
    B. Any person subject to the jurisdiction of the Pueblo who is 
found guilty of purchasing Alcoholic Beverages on behalf of a minor or 
an intoxicated person shall be subject to a fine not to exceed $500.00 
for each violation or not to exceed one (1) month in jail, or both.
    C. Any Minor subject to the jurisdiction of the Pueblo purchasing, 
attempting to purchase, or found in possession of Alcoholic Beverages 
shall be subject to a fine not to exceed $500.00 for each violation.
    19-9-2 Civil Penalties.
    A. Any Permitted Server who violates any provision of this Law or 
regulations promulgated hereunder may be subject to revocation of his/
her Server Permit as well as immediate termination of his/her 
employment, and to such other civil sanctions as are provided in this 
Law or rules and regulations implementing it.
    B. Any non-member of the Pueblo who purchases Alcoholic Beverages 
on behalf of a Minor or an Intoxicated Person shall be subject to 
exclusion from Pueblo lands.
Chapter 10. Rules and Regulations; Administration
    19-10-1 Rules and Regulations. The Tribal Council may adopt and 
enforce

[[Page 5781]]

rules and regulations to implement this Law. The rules and regulations 
will be in conformance with New Mexico State law, if applicable, and 
with this Law.
    19-10-2 Administration. The Pueblo of Acoma Office of Taxation and 
Assessment shall be responsible for implementation of this Law.
    19-10-3 Training. Each person empowered to issue Server Permits 
shall satisfy all education and training requirements for issuance of a 
Server Permit.
Chapter 11. Liability Insurance
    19-11-1 [Liquor Liability Insurance]. Any Licensee authorized by 
this Law shall obtain the requisite Liquor Liability Insurance in an 
amount not less than two million dollars ($2,000,000) per occurrence, 
or such higher amount set by Resolution of Tribal Council or terms of 
the Gaming Compact between the Pueblo and the State of New Mexico.
Chapter 12. Wholesaler Licensing
    19-12-1 [Exemptions for Licensing Fees and Background Checks]. All 
Wholesalers supplying alcoholic beverages to the Sky City Food & 
Beverage Department will be exempt from any licensing fees and 
background checks.
Chapter 13. Amendment
    19-13-1 [Effective Date]. This Law is the Alcoholic Beverage Sales 
Law of the Pueblo of Acoma. This Law shall be effective upon the final 
approval of this Law by the Secretary of the Interior or his designated 
representative.
    19-13-2 [Amendment]. This law may be amended by the Tribal Council, 
to become effective after federal approval and publication of notice in 
the Federal Register.
Chapter 14. Severability
    19-14-1 [Valid Provisions Continue in Effect]. In the event any 
provision of this Law is declared invalid or unconstitutional by a 
court of competent jurisdiction, all other provisions shall not be 
affected and shall remain in full force and effect.
Chapter 15. Sovereign Immunity
    19-15-1 [Pueblo's Sovereign Immunity Not Waived]. The sovereign 
immunity of the Pueblo of Acoma is not waived by this Law.

[FR Doc. 2015-01989 Filed 2-2-15; 8:45 am]
BILLING CODE 4310-4J-P