Pueblo of San Ildefonso-Pueblo de San Ildefonso Liquor Control Act of 2015, 43110-43112 [2015-17887]
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Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices
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[FR Doc. 2015–17835 Filed 7–20–15; 8:45 am]
BILLING CODE 4311–AM–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Dated: July 14, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
The Pueblo of San Ildefonso—Pueblo
de San Ildefonso Liquor Control Act of
2015 Liquor Control Act of 2015 shall
read as follows:
Pueblo of San Ildefonso—Pueblo de
San Ildefonso Liquor Control Act of
2015
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Chapter 1. Administration
This notice publishes the
Pueblo of San Ildefonso—Pueblo de San
Ildefonso Liquor Control Act of 2015.
This codification repeals and replaces
the existing Pueblo of San Ildefonso
Ordinance Legalizing the Introduction,
Possession, and Sale of Intoxicants,
enacted by the Ildefonso Pueblo
Council, which was published in the
Federal Register on January 22, 1976
(41 FR 3326).
DATES: Effective Date: This amended
code shall become effective 30 days
after July 21, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Patricia Mattingly, Tribal Government
Officer, Southwest Regional Office,
Bureau of Indian Affairs, 1011 Indian
School Road NW., Suite 254,
Albuquerque, NM 87104; Telephone:
(505) 563–3446; 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
SUMMARY:
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(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 San Ildefonso Tribal
Council duly adopted the Pueblo de San
Ildefonso Liquor Control Act of 2015 by
Resolution No. SI–R15–004 on March
29, 2015. This Federal Register notice
supersedes the Pueblo of San Ildefonso
Ordinance Legalizing the Introduction,
Possession, and Sale of Intoxicants,
enacted by the Ildefonso Pueblo
Council, which was published in the
Federal Register on January 22, 1976
(41 FR 3326).
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 Tribal Council of the
Pueblo of San Ildefonso duly adopted
the Pueblo de San Ildefonso Liquor
Control Act of 2015 by Resolution No.
SI–R15–004 on March 29, 2015.
Jkt 235001
Section 1.1 Title. This act shall be
known as the Pueblo de San Ildefonso
Liquor Control Act.
Section 1.2 Purpose. The purpose of
the Pueblo de San Ildefonso Liquor
Control Act is to regulate and control
the sale, possession and consumption of
liquor within the Pueblo de San
Ildefonso lands for the public health,
safety and welfare.
Section 1.3 Authority. The Pueblo has
enacted this Liquor Control Act in
exercise of its inherent governmental
authority over its lands and activities
occurring thereon and in accordance
with its governing Agreement, The
Government, Section 5. Authority. This
Liquor Act is in conformance with the
laws of New Mexico, as required by
Federal law and 18 U.S.C. 1161.
Section 1.4 Definitions. As used in
this Act, the following terms shall
apply:
A. ‘‘Alcohol’’ or ‘‘Liquor’’ 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 liquor or solid or semisolid or
other substance, patented or not,
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containing alcohol, spirits, wine, or
beer.
B. ‘‘Council’’ means the Pueblo de
San Ildefonso Tribal Council.
C. ‘‘Governor’’ means the Governor of
the Pueblo de San Ildefonso, or his or
her designee.
D. ‘‘Licensed premises’’ means the
location within Pueblo lands at which a
licensee is permitted to sell and allow
the consumption of liquor. Includes
such buildings and surrounding land as
designated in the liquor license.
E. ‘‘Licensee’’ means a person who
has been issued tribal liquor license by
the Pueblo, to sell liquor on the licensed
premises under the provisions of this
Act.
F. ‘‘Minor’’ means any person under
the age of twenty-one (21) years.
G. ‘‘Package sale’’ means any sale of
liquor in a container or containers filled
or packed by a manufacturer or wine
bottler and sold by a liquor licenses in
an unbroken package for consumption
off the licensed liquor establishment
premises, and not for resale.
H. ‘‘Person’’ means any individual,
business, or other legal entity, and
includes the Pueblo and its wholly
owned commercial entities.
I. ‘‘Pueblo’’ means the Pueblo de San
Ildefonso, a federally recognized Tribe
of Indians.
J. ‘‘Public place’’ means any location
or premises on Pueblo lands to which
the general public has unrestricted
access.
K. ‘‘Pueblo de San Ildefonso lands’’
means all lands within the exterior
boundaries of the Pueblo de San
Ildefonso, including rights-of-way, lands
owned by or for the benefit of the
Pueblo, tribally purchased lands, and
lands that may be leased by the Pueblo
de San Ildefonso. Also referred to as
‘‘Pueblo Lands.’’
L. ‘‘Sale’’ or ‘‘sales’’ means the
exchange, barter, donation, selling,
supplying, or distribution of liquor.
M. ‘‘Server’’ means a person who
sells, serves or dispenses liquor for
consumption on or off licensed
premises, and includes persons who
manage, direct or control the sale or
service of liquor.
N. ‘‘Tribal Court’’ means the trial
court of the Pueblo.
Section 1.5 Tribal Liquor License.
A. Every person who sells liquor on
Pueblo lands must hold a tribal liquor
license issued by the Pueblo for each
location on Pueblo Lands where liquor
is sold.
B. A liquor license shall not be
transferred, sold or assigned and is only
valid for the licensed premises
identified on the License.
C. A liquor license shall designate
whether the licensed premises is
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permitted to have package sales and/or
by the drink.
D. The Pueblo in its discretion may
place terms, conditions, and/or
restrictions on the sale of liquor at
licensed premises, including, but not
limited to, the hours and days of
operation and the type of liquor sold.
E. The term of a liquor license shall
be two (2) years.
F. All persons issued a Liquor License
shall:
(1) Prominently display the license in
the business location;
(2) be responsible for the sale of liquor
on Pueblo Lands by their business, and
for the conduct of his or her officers,
agents, and employees in relation to the
sale of liquor;
(3) ensure that all servers have
successfully completed, within the past
three (3) years, an alcohol server
education program and examination
approved by the director of the New
Mexico Alcohol and Gaming Division.
(4) ensure all handling, stocking, and
sale of liquor shall be made by persons
twenty-one (21) years of age or older.
Proof of age must be shown by a current
and valid state driver’s license, tribal
identification card, or other government
issued identification that contains birth
date and photo of the holder of the
license or identification.
G. Any person licensed to sell liquor
within the Pueblo shall obtain general
public liability insurance insuring the
licensee and the Pueblo against any
claims, losses or liability whatsoever for
any acts or omissions of the licensee or
business invitee on the licensed
premises resulting in injury, loss or
damage to any other party, with
coverage limits in the amount not less
than $1,000,000 (one million dollars)
per occurrence.
H. The Pueblo has the authority to
suspend, revoke or terminate a Tribal
liquor license for any violations arising
from this Act or other Pueblo Criminal
and Civil Code violations.
Chapter 2. Sale of Liquor; Restricted
Areas
Section 2.1 Sales Limited. Sales of
liquor are allowed at the following
locations only:
A. The Pueblo’s convenience stores.
Section 2.2 Sales for Personal Use;
Resale Prohibited. All sales allowed by
this Act shall be for personal use of the
individual purchaser. Such sales for
personal non-commercial use must be in
package form or by the drink. Resale of
any liquor by a person not licensed
under this Act is prohibited.
Section 2.3 Right to Refuse Sale. Any
person authorized to sell liquor within
the Pueblo shall have the authority to
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Jkt 235001
refuse to sell liquor to any person
unable to produce proof of age and
identity, or to any person who appears
intoxicated.
Section 2.4 Acceptable Proof of Age
for Purchase. If there is a question of a
Person’s age to purchase liquor, such
person shall be required to present any
one of the following identification cards
which shows his or her correct age and
bears his or her signature and
photograph:
A. A driver’s license of any state or
identification card issued by any state
department of motor vehicles;
B. United States active duty military
ID;
C. A passport;
D. An official identification or tribal
membership card issued by a federally
recognized tribe.
Section 2.5 Liquor in Undesignated
Areas. The sale and possession of liquor
in areas of the Pueblo Lands which are
not designated or licensed for the sale
and possession of liquor pursuant to
this Act is prohibited.
A. This prohibition does not pertain
to the otherwise lawful transportation of
liquor through Pueblo de San Ildefonso
lands by persons remaining upon public
highways or other areas paved for motor
vehicles and where such liquor is not
delivered, sold or offered for sale to
anyone within Pueblo Lands.
B. This prohibition does not pertain to
liquor wholesalers selling, transporting
or delivering liquor to a person licensed
by the Pueblo to sell liquor, or to a
location designated for the sale of
liquor.
Chapter 3. Offenses, Enforcement and
Penalties
Section 3.1 Offenses. Any person who
violates this Act is subject to a civil
penalty, at a minimum. Offenses
include, but are not limited to, the
following:
A. No person under the age of twentyone (21) shall consume, purchase,
attempt to purchase, or have in his or
her possession any liquor. Any person
violating this section shall be guilty of
a separate violation of this Act for each
container acquired, bought or possessed.
B. Any person who sells, provides, or
attempts to sell or provide any liquor to
any person under the age of twenty-one
(21) shall be guilty of violation of this
Act for each sale or drink provided.
C. Any person who transfers in any
manner an identification of age to a
minor for purposes of permitting such
minor to obtain liquor shall be guilty of
a violation of this Act.
D. Any person who attempts to
purchase liquor through the use of a
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43111
false or altered identification shall be
guilty of a violation of this Act.
E. It shall be a violation of this Act for
any person within Pueblo Lands to buy
liquor from any person other than those
properly authorized and licensed by the
Pueblo and in compliance with this Act.
F. It shall be a violation of this Act for
any person within Pueblo Lands to sell
liquor without a license.
G. It shall be a violation of this Act
for any person licensed by this Act to
sell liquor off of the licensed premises.
H. Any person who is not licensed
pursuant to this Act who purchases
liquor on Pueblo Lands and resells it,
whether in the original container or not,
shall be guilty of a violation of this Act.
I. It shall be a violation of this Act for
any person to sell liquor to a person
who is visibly intoxicated or appears to
be intoxicated.
J. It shall be a violation of this Act for
any person to sell or possess any liquor
in any area of the Pueblo’s lands which
is not designated or licensed for the sale
and possession of liquor pursuant to
this Act.
K. Any person who violates any other
provision of this Act shall be guilty of
a violation of this Act.
Section 3.2 Enforcement Powers and
Authorities. The Governor, or his or her
designee, shall have the following
powers and authorities for the
enforcement of this Act:
A. To adopt rules, regulations or
polices necessary to carry out the intent
of this Act to regulate and control the
sale, possession and consumption of
liquor.
B. To inspect all licensed premises on
which liquor is sold, consumed,
possessed or distributed at all
reasonable times for the purposes of
ascertaining whether the requirements
of this Act and any rules or regulations
promulgated under this Act are being
met and adhered to.
C. To work with the Tribal Prosecutor
or Law Enforcement Officer to bring
proceedings in Tribal Court to enforce
this Act, and any related rules or
regulations, as necessary.
D. To suspend, revoke or terminate a
liquor license for any violations arising
from this Act or other Pueblo Criminal
and Civil Code violations.
Section 3.3 Civil Penalty. Any person,
purchasing, possessing, selling,
delivering, bartering, or manufacturing
liquor products in violation of any part
of this Act, or of any rule or regulation
adopted pursuant to this Act, shall be
subject to a civil assessment of not more
than five thousand dollars ($5,000) for
each violation.
Section 3.4 Criminal Penalty. In
addition to civil penalties, a person may
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Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Notices
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be subject to criminal prosecution by
the Pueblo for the purchasing,
possessing, selling, delivering, bartering,
or manufacturing liquor products in
violation of any part of this Act, or of
any rule or regulation adopted pursuant
to this Act.
Section 3.5 Exclusion. For good and
sufficient cause found, the Tribal Court
may exclude from the Pueblo Lands any
person who engages in an activity or
activities prohibited by this Act to the
extend such exclusion is not
inconsistent with Pueblo law.
Section 3.6 Contraband. Any liquor
that is possessed contrary to the terms
of this Act are declared to be
contraband. Any tribal agent, employee
or officer who is authorized by the
Governor to enforce this Act shall have
the authority to, and shall seize all
contraband. Any officer seizing
contraband shall preserve the
contraband in accordance with the
applicable law of the Pueblo or state
law. Upon being found in violation of
this Act by the Tribal Court, the person
shall forfeit all right, title, and interest
in the items seized and they shall
become the property of the Pueblo.
Chapter 4. Miscellaneous
Section 4.1 Effective Date. This Act
shall take effect thirty days after the date
of publication in the Federal Register by
the Secretary of the Interior or the
Secretary’s designee.
Section 4.2 Repeal of Inconsistent
Law or Provisions. The Pueblo’s
Ordinance Legalizing the Introduction,
Possession and Sale of Intoxicants,
dated January 15, 1976, and published
in the January 22, 1976 Federal Register
is hereby repealed in its entirety.
Further, any and all Council resolutions,
or provisions in the Pueblo de San
Ildefonso Civil and Criminal Code, or
other laws, which conflict in any way
with the provisions of this Act are
hereby repealed to the extent that they
are inconsistent with or conflict with or
are contrary to the spirit and/or purpose
of this Act.
Section 4.3 Severability. If any
provision of this Act is found to be
unconstitutional or unlawful by the
Pueblo de San Ildefonso Tribal Courts or
Federal Courts, such provision(s) shall
be stricken and the remainder of this
Act shall continue in full force and
effect.
Section 4.4 Amendment. The Council
may amend this Act upon majority vote
of the Council, subject to the
publication in the Federal Register by
the Secretary of the Interior or his
designee.
Section 4.5 Sovereign Immunity.
Nothing in this Act shall be construed
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as a waiver of sovereign immunity or
rights of the Pueblo.
[FR Doc. 2015–17887 Filed 7–20–15; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/A0A501010.
999900 253G]
Wampanoag Tribe of Gay Head
(Aquinnah) Liquor Control Ordinance
14–01
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice.
ACTION:
This notice publishes the
liquor ordinance of the Wampanoag
Tribe of Gay Head (Aquinnah). This
ordinance regulates and controls the
possession, sale and consumption of
liquor within the jurisdiction of the
Wampanoag Tribe of Gay Head
(Aquinnah). The ordinance will increase
the ability of the Wampanoag Tribe of
Gay Head (Aquinnah) to control liquor
distribution and possession on tribal
lands and Indian country, and at the
same time will provide an important
source of revenue for the strengthening
of the tribal government and the
delivery of tribal services.
DATES: Effective Date: This code shall
become effective July 21, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Sherry Lovin, Acting Regional Tribal
Government Officer, Southern Plains
Regional Office, Bureau of Indian
Affairs, P.O. Box 368, Anadarko,
Oklahoma 73005, Telephone: (405) 247–
1534, Fax: (405) 247–9240; or Ms.
Laurel Iron Cloud, Chief, Division of
Tribal Government Services, Office of
Indian Services, Bureau of Indian
Affairs, 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 Wampanoag Tribe of Gay Head
Tribal (Aquinnah) Tribal Council duly
adopted the Aquinnah Wampanoag
Liquor Ordinance 14–01 on September
17, 2014.
This notice is published in
accordance with the authority delegated
by the Secretary of the Interior to the
SUMMARY:
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Assistant Secretary—Indian Affairs. I
certify that the Wampanoag Tribe of Gay
Head Tribal (Aquinnah) Tribal Council
duly adopted the Aquinnah Wampanoag
Liquor Ordinance 14–01 by Resolution
No. 2014–34 on September 17, 2014.
Dated: July 14, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
Ordinance 14–01 Aquinnah
Wampanoag Liquor Ordinance shall
read as follows:
SECTION 1.1. TITLE
This Ordinance shall be known as the
Aquinnah Wampanoag Liquor
Ordinance (‘‘Tribe’’) and shall be
referenced as the Liquor Ordinance.
SECTION 1.2. FINDINGS AND
PURPOSE
A. The introduction, possession, and
sale of liquor in Indian Country has
historically been recognized as a matter
of special concern to Indian tribes and
to the United States. The control of
liquor on the Tribe’s Tribal Lands
remains exclusively subject to the
legislative enactments of the Tribe in its
exercise of its governmental powers
over Tribal Lands, and the United
States.
B. Federal law prohibits the
introduction of liquor into Indian
Country (18 U.S.C. Sec. 1154), and
authorized tribes to decide when and to
what extent liquor transactions, sales,
possession and service shall be
permitted on their Tribal Lands (18
U.S.C. Sec. 1161).
C. Pursuant to the authority in Article
VII, Sec. 1 of the Tribe’s Constitution,
the Tribal Council has the authority
‘‘manage, control and administer the
affairs of the tribe and shall determine
its policies and procedures.’’
D. The enactment of this Liquor
Ordinance to govern liquor sales and
service on Tribal Lands, will increase
the ability of the Tribe to control liquor
distribution and possession on Tribal
Lands, and at the same time will
provide an important source of revenue
for the continued operation of Tribal
government and the delivery of
governmental services, as well as
provide an amenity to customers at
tribal gaming facilities, tribal hotels,
concert venues and golf courses.
SECTION 1.3. DEFINITIONS
A. Unless otherwise required by the
context, the term ‘‘liquor’’ as used
throughout this Liquor Ordinance shall
mean ‘‘alcohol’’, ‘‘alcoholic beverages’’,
‘‘liqueur or cordial’’, ‘‘malt beverages’’
and ‘‘wine’’ as those terms are defined
by the Massachusetts State Liquor
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]]>Agencies
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Notices]
[Pages 43110-43112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17887]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/A0A501010.999900 253G]
Pueblo of San Ildefonso--Pueblo de San Ildefonso Liquor Control
Act of 2015
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Pueblo of San Ildefonso--Pueblo de
San Ildefonso Liquor Control Act of 2015. This codification repeals and
replaces the existing Pueblo of San Ildefonso Ordinance Legalizing the
Introduction, Possession, and Sale of Intoxicants, enacted by the
Ildefonso Pueblo Council, which was published in the Federal Register
on January 22, 1976 (41 FR 3326).
DATES: Effective Date: This amended code shall become effective 30 days
after July 21, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mattingly, Tribal
Government Officer, Southwest Regional Office, Bureau of Indian
Affairs, 1011 Indian School Road NW., Suite 254, Albuquerque, NM 87104;
Telephone: (505) 563-3446; 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 San Ildefonso Tribal
Council duly adopted the Pueblo de San Ildefonso Liquor Control Act of
2015 by Resolution No. SI-R15-004 on March 29, 2015. This Federal
Register notice supersedes the Pueblo of San Ildefonso Ordinance
Legalizing the Introduction, Possession, and Sale of Intoxicants,
enacted by the Ildefonso Pueblo Council, which was published in the
Federal Register on January 22, 1976 (41 FR 3326).
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 Tribal Council of the Pueblo of San
Ildefonso duly adopted the Pueblo de San Ildefonso Liquor Control Act
of 2015 by Resolution No. SI-R15-004 on March 29, 2015.
Dated: July 14, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Pueblo of San Ildefonso--Pueblo de San Ildefonso Liquor Control
Act of 2015 Liquor Control Act of 2015 shall read as follows:
Chapter 1. Administration
Section 1.1 Title. This act shall be known as the Pueblo de San
Ildefonso Liquor Control Act.
Section 1.2 Purpose. The purpose of the Pueblo de San Ildefonso
Liquor Control Act is to regulate and control the sale, possession and
consumption of liquor within the Pueblo de San Ildefonso lands for the
public health, safety and welfare.
Section 1.3 Authority. The Pueblo has enacted this Liquor Control
Act in exercise of its inherent governmental authority over its lands
and activities occurring thereon and in accordance with its governing
Agreement, The Government, Section 5. Authority. This Liquor Act is in
conformance with the laws of New Mexico, as required by Federal law and
18 U.S.C. 1161.
Section 1.4 Definitions. As used in this Act, the following terms
shall apply:
A. ``Alcohol'' or ``Liquor'' 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 liquor or solid or
semisolid or other substance, patented or not, containing alcohol,
spirits, wine, or beer.
B. ``Council'' means the Pueblo de San Ildefonso Tribal Council.
C. ``Governor'' means the Governor of the Pueblo de San Ildefonso,
or his or her designee.
D. ``Licensed premises'' means the location within Pueblo lands at
which a licensee is permitted to sell and allow the consumption of
liquor. Includes such buildings and surrounding land as designated in
the liquor license.
E. ``Licensee'' means a person who has been issued tribal liquor
license by the Pueblo, to sell liquor on the licensed premises under
the provisions of this Act.
F. ``Minor'' means any person under the age of twenty-one (21)
years.
G. ``Package sale'' means any sale of liquor in a container or
containers filled or packed by a manufacturer or wine bottler and sold
by a liquor licenses in an unbroken package for consumption off the
licensed liquor establishment premises, and not for resale.
H. ``Person'' means any individual, business, or other legal
entity, and includes the Pueblo and its wholly owned commercial
entities.
I. ``Pueblo'' means the Pueblo de San Ildefonso, a federally
recognized Tribe of Indians.
J. ``Public place'' means any location or premises on Pueblo lands
to which the general public has unrestricted access.
K. ``Pueblo de San Ildefonso lands'' means all lands within the
exterior boundaries of the Pueblo de San Ildefonso, including rights-
of-way, lands owned by or for the benefit of the Pueblo, tribally
purchased lands, and lands that may be leased by the Pueblo de San
Ildefonso. Also referred to as ``Pueblo Lands.''
L. ``Sale'' or ``sales'' means the exchange, barter, donation,
selling, supplying, or distribution of liquor.
M. ``Server'' means a person who sells, serves or dispenses liquor
for consumption on or off licensed premises, and includes persons who
manage, direct or control the sale or service of liquor.
N. ``Tribal Court'' means the trial court of the Pueblo.
Section 1.5 Tribal Liquor License.
A. Every person who sells liquor on Pueblo lands must hold a tribal
liquor license issued by the Pueblo for each location on Pueblo Lands
where liquor is sold.
B. A liquor license shall not be transferred, sold or assigned and
is only valid for the licensed premises identified on the License.
C. A liquor license shall designate whether the licensed premises
is
[[Page 43111]]
permitted to have package sales and/or by the drink.
D. The Pueblo in its discretion may place terms, conditions, and/or
restrictions on the sale of liquor at licensed premises, including, but
not limited to, the hours and days of operation and the type of liquor
sold.
E. The term of a liquor license shall be two (2) years.
F. All persons issued a Liquor License shall:
(1) Prominently display the license in the business location;
(2) be responsible for the sale of liquor on Pueblo Lands by their
business, and for the conduct of his or her officers, agents, and
employees in relation to the sale of liquor;
(3) ensure that all servers have successfully completed, within the
past three (3) years, an alcohol server education program and
examination approved by the director of the New Mexico Alcohol and
Gaming Division.
(4) ensure all handling, stocking, and sale of liquor shall be made
by persons twenty-one (21) years of age or older. Proof of age must be
shown by a current and valid state driver's license, tribal
identification card, or other government issued identification that
contains birth date and photo of the holder of the license or
identification.
G. Any person licensed to sell liquor within the Pueblo shall
obtain general public liability insurance insuring the licensee and the
Pueblo against any claims, losses or liability whatsoever for any acts
or omissions of the licensee or business invitee on the licensed
premises resulting in injury, loss or damage to any other party, with
coverage limits in the amount not less than $1,000,000 (one million
dollars) per occurrence.
H. The Pueblo has the authority to suspend, revoke or terminate a
Tribal liquor license for any violations arising from this Act or other
Pueblo Criminal and Civil Code violations.
Chapter 2. Sale of Liquor; Restricted Areas
Section 2.1 Sales Limited. Sales of liquor are allowed at the
following locations only:
A. The Pueblo's convenience stores.
Section 2.2 Sales for Personal Use; Resale Prohibited. All sales
allowed by this Act shall be for personal use of the individual
purchaser. Such sales for personal non-commercial use must be in
package form or by the drink. Resale of any liquor by a person not
licensed under this Act is prohibited.
Section 2.3 Right to Refuse Sale. Any person authorized to sell
liquor within the Pueblo shall have the authority to refuse to sell
liquor to any person unable to produce proof of age and identity, or to
any person who appears intoxicated.
Section 2.4 Acceptable Proof of Age for Purchase. If there is a
question of a Person's age to purchase liquor, such person shall be
required to present any one of the following identification cards which
shows his or her correct age and bears his or her signature and
photograph:
A. A driver's license of any state or identification card issued by
any state department of motor vehicles;
B. United States active duty military ID;
C. A passport;
D. An official identification or tribal membership card issued by a
federally recognized tribe.
Section 2.5 Liquor in Undesignated Areas. The sale and possession
of liquor in areas of the Pueblo Lands which are not designated or
licensed for the sale and possession of liquor pursuant to this Act is
prohibited.
A. This prohibition does not pertain to the otherwise lawful
transportation of liquor through Pueblo de San Ildefonso lands by
persons remaining upon public highways or other areas paved for motor
vehicles and where such liquor is not delivered, sold or offered for
sale to anyone within Pueblo Lands.
B. This prohibition does not pertain to liquor wholesalers selling,
transporting or delivering liquor to a person licensed by the Pueblo to
sell liquor, or to a location designated for the sale of liquor.
Chapter 3. Offenses, Enforcement and Penalties
Section 3.1 Offenses. Any person who violates this Act is subject
to a civil penalty, at a minimum. Offenses include, but are not limited
to, the following:
A. No person under the age of twenty-one (21) shall consume,
purchase, attempt to purchase, or have in his or her possession any
liquor. Any person violating this section shall be guilty of a separate
violation of this Act for each container acquired, bought or possessed.
B. Any person who sells, provides, or attempts to sell or provide
any liquor to any person under the age of twenty-one (21) shall be
guilty of violation of this Act for each sale or drink provided.
C. Any person who transfers in any manner an identification of age
to a minor for purposes of permitting such minor to obtain liquor shall
be guilty of a violation of this Act.
D. Any person who attempts to purchase liquor through the use of a
false or altered identification shall be guilty of a violation of this
Act.
E. It shall be a violation of this Act for any person within Pueblo
Lands to buy liquor from any person other than those properly
authorized and licensed by the Pueblo and in compliance with this Act.
F. It shall be a violation of this Act for any person within Pueblo
Lands to sell liquor without a license.
G. It shall be a violation of this Act for any person licensed by
this Act to sell liquor off of the licensed premises.
H. Any person who is not licensed pursuant to this Act who
purchases liquor on Pueblo Lands and resells it, whether in the
original container or not, shall be guilty of a violation of this Act.
I. It shall be a violation of this Act for any person to sell
liquor to a person who is visibly intoxicated or appears to be
intoxicated.
J. It shall be a violation of this Act for any person to sell or
possess any liquor in any area of the Pueblo's lands which is not
designated or licensed for the sale and possession of liquor pursuant
to this Act.
K. Any person who violates any other provision of this Act shall be
guilty of a violation of this Act.
Section 3.2 Enforcement Powers and Authorities. The Governor, or
his or her designee, shall have the following powers and authorities
for the enforcement of this Act:
A. To adopt rules, regulations or polices necessary to carry out
the intent of this Act to regulate and control the sale, possession and
consumption of liquor.
B. To inspect all licensed premises on which liquor is sold,
consumed, possessed or distributed at all reasonable times for the
purposes of ascertaining whether the requirements of this Act and any
rules or regulations promulgated under this Act are being met and
adhered to.
C. To work with the Tribal Prosecutor or Law Enforcement Officer to
bring proceedings in Tribal Court to enforce this Act, and any related
rules or regulations, as necessary.
D. To suspend, revoke or terminate a liquor license for any
violations arising from this Act or other Pueblo Criminal and Civil
Code violations.
Section 3.3 Civil Penalty. Any person, purchasing, possessing,
selling, delivering, bartering, or manufacturing liquor products in
violation of any part of this Act, or of any rule or regulation adopted
pursuant to this Act, shall be subject to a civil assessment of not
more than five thousand dollars ($5,000) for each violation.
Section 3.4 Criminal Penalty. In addition to civil penalties, a
person may
[[Page 43112]]
be subject to criminal prosecution by the Pueblo for the purchasing,
possessing, selling, delivering, bartering, or manufacturing liquor
products in violation of any part of this Act, or of any rule or
regulation adopted pursuant to this Act.
Section 3.5 Exclusion. For good and sufficient cause found, the
Tribal Court may exclude from the Pueblo Lands any person who engages
in an activity or activities prohibited by this Act to the extend such
exclusion is not inconsistent with Pueblo law.
Section 3.6 Contraband. Any liquor that is possessed contrary to
the terms of this Act are declared to be contraband. Any tribal agent,
employee or officer who is authorized by the Governor to enforce this
Act shall have the authority to, and shall seize all contraband. Any
officer seizing contraband shall preserve the contraband in accordance
with the applicable law of the Pueblo or state law. Upon being found in
violation of this Act by the Tribal Court, the person shall forfeit all
right, title, and interest in the items seized and they shall become
the property of the Pueblo.
Chapter 4. Miscellaneous
Section 4.1 Effective Date. This Act shall take effect thirty days
after the date of publication in the Federal Register by the Secretary
of the Interior or the Secretary's designee.
Section 4.2 Repeal of Inconsistent Law or Provisions. The Pueblo's
Ordinance Legalizing the Introduction, Possession and Sale of
Intoxicants, dated January 15, 1976, and published in the January 22,
1976 Federal Register is hereby repealed in its entirety. Further, any
and all Council resolutions, or provisions in the Pueblo de San
Ildefonso Civil and Criminal Code, or other laws, which conflict in any
way with the provisions of this Act are hereby repealed to the extent
that they are inconsistent with or conflict with or are contrary to the
spirit and/or purpose of this Act.
Section 4.3 Severability. If any provision of this Act is found to
be unconstitutional or unlawful by the Pueblo de San Ildefonso Tribal
Courts or Federal Courts, such provision(s) shall be stricken and the
remainder of this Act shall continue in full force and effect.
Section 4.4 Amendment. The Council may amend this Act upon majority
vote of the Council, subject to the publication in the Federal Register
by the Secretary of the Interior or his designee.
Section 4.5 Sovereign Immunity. Nothing in this Act shall be
construed as a waiver of sovereign immunity or rights of the Pueblo.
[FR Doc. 2015-17887 Filed 7-20-15; 8:45 am]
BILLING CODE 4337-15-P
