Pueblo of Santa Ana Title 10-Licensing & Regulation, Chapter 1-Liquor Code (Chapter), 54310-54317 [2015-22628]
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SUPPLEMENTARY INFORMATION:
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I. Abstract
The Doug D. Nebert NSDI Champion
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are displayed by the FGDC.
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II. Data
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Title: Doug D. Nebert NSDI Champion
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cannot guarantee that we will be able to
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Ivan DeLoatch,
Executive Director, Federal Geographic Data
Committee, Core Science Systems.
[FR Doc. 2015–22642 Filed 9–8–15; 8:45 am]
BILLING CODE 4311–AM–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
Pueblo of Santa Ana Title 10—
Licensing & Regulation, Chapter 1—
Liquor Code (Chapter)
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
This notice publishes the
amendment to the Pueblo of Santa Ana’s
Title 10—Licensing & Regulation,
Chapter 1—Liquor Code (Chapter). This
Chapter amends the existing Chapter
1—Liquor Code, Section 126, enacted by
the Pueblo of Santa Ana Tribal Council,
which was published in the Federal
Register on April 7, 2006 (71 FR 17903).
DATES: Effective Date: This code shall
become effective on October 9, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Patricia Mattingly, Tribal Government
Services Officer, Southwest Regional
Office, Bureau of Indian Affairs, 1001
Indian School Road NW., Albuquerque,
NM 87104–2303, Phone: (505) 536–
3100; Fax: (505) 563–3101: 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 Pueblo of Santa Ana Tribal Council
of the Pueblo of Santa Ana adopted the
amendments to the Pueblo’s Title 10—
Licensing & Regulation, Chapter 1—
Liquor Code (Chapter), Section 126, by
Resolution No. 2015–R–09 on June 11,
2015. This Federal Register notice
amends and supersedes the Pueblo of
Santa Ana Liquor Ordinance, enacted by
the Pueblo of Santa Ana Tribal Council,
SUMMARY:
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which was last published on April 7,
2006 (71 FR 17903).
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 Santa Ana
Council of the Pueblo of Santa Ana duly
adopted this amendment to the Pueblo’s
Title 10—Licensing & Regulation,
Chapter 1—Liquor Code (Chapter) by
Resolution No. 2015–R–09 on June 11,
2015.
Dated: August 31, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
Section 126 Pueblo of Santa Ana
Liquor Code shall read as follows:
PUEBLO OF SANTA ANA TRIBAL
CODE
TITLE 10: LICENSING & REGULATION
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Chapter One: LIQUOR CODE
Subchapter One: General Provisions
Section 101: FINDINGS.
The Tribal Council finds as follows:
A. The introduction, possession and
sale of alcoholic beverages on the Santa
Ana Indian Reservation has, for a long
time, been clearly recognized as a matter
of special concern to the Pueblo and its
members and to the United States; and
B. Under federal law and New Mexico
state law, and as a matter of inherent
Tribal sovereignty, the question of when
and to what extent alcoholic beverages
may be introduced into and sold or
consumed within the Santa Ana Indian
Reservation is to be decided by the
governing body of the Tribe; and
C. It is desirable that the Tribal
Council legislate comprehensively on
the subject of the sale and possession of
alcoholic beverages within the Santa
Ana Indian Reservation, both to
establish a consistent and reasonable
Tribal policy on this important subject,
as well as to facilitate economic
development projects within the Santa
Ana Indian Reservation that may
involve outlets for the sale and
consumption of alcoholic beverages;
and
D. It is the policy of the Tribal
Council that the introduction, sale and
consumption of alcoholic beverages
within the Santa Ana Indian
Reservation be carefully regulated so as
to protect the public health, safety and
welfare, and that licensees be made
fully accountable for violations of
conditions of their licenses and the
consequences thereof.
Section 102: DEFINITIONS.
As used in this Chapter, the following
words shall have the following
meanings:
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A. ‘‘Council’’ means the Tribal
Council of the Pueblo of Santa Ana.
B. ‘‘Development Area’’ means those
lands within the Santa Ana Indian
Reservation and that are situated west of
the Rio Grande and south of the Rio
Jemez, but not including any lands
within the boundaries of the Santa Ana
Pueblo Grant as confirmed by Congress
by the Act of February 9, 1869, c. 26, 15
Stat. 438 (provided however, that if
such term is more specifically defined
in a planning or zoning statute or
ordinance adopted by the Tribal
Council, or in any regulations issued
under the authority of any such duly
adopted planning or zoning statute or
ordinance, such definition shall
supersede and control the definition of
such term set forth herein).
C. ‘‘Governor’’ means the Governor of
the Pueblo of Santa Ana.
D. ‘‘Licensed Premises’’ means the
location within the Santa Ana Indian
Reservation at which a licensee is
permitted to sell and allow the
consumption of alcoholic beverages,
and may, if requested by the applicant
and approved by the Governor, include
any related or associated facilities under
the control of the licensee, or within
which the licensee is otherwise
authorized to conduct business (but
subject to any conditions or limitations
as to sales within such area that may be
imposed by the Governor in issuance of
the license).
E. ‘‘Licensee’’ means a person or
entity that has been issued a license to
sell alcoholic beverages on the licensed
premises under the provision of this
Liquor Code.
F. ‘‘Liquor’’ or ‘‘Alcoholic Beverage’’
includes the four varieties of liquor
commonly referred to as alcohol, spirits,
wine and beer, and all fermented,
spirituous, vinous or malt liquors or
combinations thereof, mixed liquor, any
part of which is fermented, spirituous,
vinous, or malt liquor, or any otherwise
intoxicating liquid, including every
liquid or solid or semi-solid or other
substance, patented or not, containing
alcohol, spirits, wine or beer and
intended for oral consumption.
G. ‘‘Liquor Code’’ means the Santa
Ana Pueblo Liquor Code, this Chapter.
H. ‘‘Person’’ means any natural
person, partnership, corporation, joint
venture, association, or other legal
entity.
I. ‘‘Pueblo’’ or ‘‘Tribe’’ means the
Pueblo of Santa Ana.
J. ‘‘Sale’’ or ‘‘sell’’ means any
exchange, barter, or other transfer of
goods from one person to another for
commercial purposes, whether with or
without consideration.
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K. ‘‘Santa Ana Indian Reservation’’
means all lands within the exterior
boundaries of the Santa Ana Indian
Reservation, all lands within the
exterior boundaries of the El Ranchito
Grant and the Santa Ana Pueblo Grant,
and all other lands owned by the Pueblo
subject to federal law restrictions on
alienation or held by the United States
for the use and benefit of the Pueblo.
L. ‘‘Special Event’’ means a bona fide
special occasion such as a fair, fiesta,
show, tournament, contest, meeting,
picnic or similar event within the
Development Area, sponsored by an
established business or organization,
lasting no more than three days. A
special event may be open to the public
or to a designated group, and it may be
a one-time event or periodic, provided,
however, that such events held more
than four times a year by the same
business or organization may not be
deemed special events for purposes of
this Liquor Code, in the discretion of the
Governor.
M. ‘‘Server’’ means an individual who
sells, serves or dispenses alcoholic
beverages for consumption on or off
licensed premises, including persons
who manage, direct or control the sale
or service of alcohol.
Section 103: SOVEREIGN IMMUNITY
PRESERVED.
Nothing in the Liquor Code shall be
construed as a waiver or limitation of
the sovereign immunity of the Pueblo.
Section 104: INITIAL COMPLIANCE.
No person shall be disqualified from
being issued a license under the
provisions of this Liquor Code, or shall
be found to have violated any provision
of this Chapter, solely because such
person, having been duly authorized to
engage in the sale of alcoholic beverages
within the Santa Ana Indian
Reservation under the law as it existed
prior to enactment of this Liquor Code,
continues to engage in such business
without a license issued under the
provisions of this Liquor Code after the
effective date hereof, so long as such
person, within 90 days after such
effective date (or within 30 days after
receiving written notice from the Pueblo
of the enactment of the Liquor Code,
whichever is later) submits an
application for such license in
compliance with the provisions of this
Liquor Code, and a license is thereafter
issued in due course; provided,
however, that upon the issuance of a
license under the provisions of this
Liquor Code to any person or entity, or
upon the rejection of an application for
such license by any person or entity, no
license issued by the State of New
Mexico or issued under the provisions
of any prior law of the Pueblo that is
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held by such person or entity, or that
purports to authorize the possession,
sale or consumption of alcoholic
beverages on premises covered by a
license issued (or a license application
rejected) under the provisions of this
Liquor Code, shall have any further
validity or effect within the Santa Ana
Indian Reservation.
Section 105: SEVERABILITY.
In the event any provision of this
Liquor Code is held invalid or
unenforceable by any court of
competent jurisdiction, the remainder of
the Code shall continue in full force and
effect, notwithstanding the invalidity or
unenforceability of such provision, to
the fullest extent practicable.
Subchapter Two: Sale, Possession and
Consumption of Alcoholic Beverages
Section 121: PROHIBITION.
The sale, introduction for sale,
purchase, or other dealing in alcoholic
beverages, except as is specifically
authorized by the Liquor Code, is
prohibited within the Santa Ana Indian
Reservation.
Section 122: POSSESSION FOR
PERSONAL USE.
Possession of alcoholic beverages for
personal use shall be lawful within the
Santa Ana Indian Reservation only if
such alcoholic beverages were lawfully
purchased from an establishment duly
licensed to sell such beverages, whether
on or off the Santa Ana Indian
Reservation, and are possessed by a
person or persons 21 years of age or
older. Such possession is otherwise
prohibited.
Section 123: TRANSPORTATION
THROUGH RESERVATION NOT
AFFECTED.
Nothing herein shall pertain to the
otherwise lawful transportation of
alcoholic beverages through the Santa
Ana Indian Reservation by persons
remaining upon public highways (or
other areas paved for motor vehicles)
and where such beverages are not
delivered, sold at retail or offered for
sale at retail to anyone within the Santa
Ana Indian Reservation.
Section 124: REQUIREMENT OF
PUEBLO LICENSE.
No person shall sell any alcoholic
beverage within the Santa Ana Indian
Reservation at retail, or offer any such
beverage for sale at retail, unless such
person holds a license issued by the
Pueblo under the provisions of this
Chapter.
Section 125: ALL SALES FOR
PERSONAL USE.
No person licensed to sell alcoholic
beverages within the Santa Ana Indian
Reservation shall sell any such beverage
for resale, but all such sales shall be for
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the personal use of the purchaser.
Nothing herein shall prohibit a duly
licensed wholesale dealer in alcoholic
beverages from selling and delivering
such beverages to properly licensed
retailers within the Santa Ana Indian
Reservation, so long as such sales and
deliveries are otherwise in conformity
with the laws of the State of New
Mexico and this Liquor Code.
Section 126: PACKAGE SALES AND
SALES OF LIQUOR BY THE DRINK
PERMITTED.
Sales of alcoholic beverages on the
Santa Ana Indian Reservation may be in
package form or for consumption on the
premises, or both, so long as the seller
is properly licensed by the Pueblo to
make sales of that type. No seller of
alcoholic beverages shall permit any
person to bring onto premises where
liquor by the drink is authorized to be
sold any alcoholic beverages purchased
elsewhere, unless such person is
otherwise licensed to possess or
distribute such beverages on such
premises, except that a restaurant
holding a premises license may allow a
customer who is ordering a meal, and
who is legally entitled to consume
alcoholic beverages, to bring onto the
premises one or more bottles of wine
that were legally acquired from a New
Mexico licensed retailer or wholesaler
(but not to exceed one bottle per person
at the table), for consumption with such
customer’s meal, provided that any such
bottle is opened by an employee of the
restaurant who is legally entitled to
serve alcoholic beverages, and the
restaurant may charge a corkage fee for
each such bottle opened.
Section 127: NO SALES TO MINORS.
No alcoholic beverages may be sold
within the Santa Ana Indian
Reservation to persons under the age of
21 years.
Section 128: HOURS AND DAYS OF
SALE.
Alcoholic beverages may be sold,
offered for sale or consumed on licensed
premises within the Santa Ana Indian
Reservation at such hours as are
established by the Licensee, but
provided that in no event shall any such
sales or consumption occur between the
hours of 2:00 a.m. and 7:00 a.m. on any
day.
Section 129: [Repealed.]
Section 130: OTHER PROHIBITIONS
ON SALES.
The Tribal Council may, by duly
enacted resolution, establish other days
on which or times at which sales or
consumption of alcoholic beverages are
not permitted within the Santa Ana
Indian Reservation. The Council shall
give notice of any such enactment
promptly to all licensees within the
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Santa Ana Indian Reservation. In
addition, the Governor of the Pueblo
may, in the event of a bona fide
emergency, and by written order,
prohibit the sale of any alcoholic
beverages within the Santa Ana Indian
Reservation for a period of time not to
exceed 48 hours. The Governor shall
give prompt notice of such emergency
order to all licensees within the Santa
Ana Indian Reservation. No such
emergency order may extend beyond 48
hours, unless during that time the Tribal
Council meets and determines that the
emergency requires a further extension
of such order.
Section 131: LOCATION OF SALES,
CONSUMPTION.
No person licensed to sell alcoholic
beverages within the Santa Ana Indian
Reservation shall make such sales
except at the licensed premises
specifically designated in such license.
No person holding a premises license
shall permit consumption of alcoholic
beverages purchased from such licensee
to occur off of the licensed premises;
except that nothing herein shall prohibit
a premises licensee from permitting a
customer who has purchased a bottle of
wine with a meal, but only partially
consumed the contents of such bottle,
from taking the partially consumed
bottle off of the premises, after such
bottle has been recorked by the licensee
and placed in a sealed bag, to which a
receipt for the purchase of the bottle has
been affixed.
Section 132: SALES TO BE MADE BY
ADULTS.
A. No person shall be employed as a
server at a licensed premises unless
within 30 days after such person’s
employment such person has obtained
alcohol server training equivalent to that
required under the laws of the State of
New Mexico.
B. No person shall be employed to
sell, serve or accept payment for any
sale of alcoholic beverages, or to oversee
or direct or have any other involvement
in any such sale, within the Santa Ana
Indian Reservation, who is less than 21
years of age, except that a premises
licensee that operates a restaurant or
other facility that is held out to the
public as a place where meals are
prepared and served may employ
persons 19 years of age or older to sell
or serve alcoholic beverages to persons
who are also ordering food, provided
that no person under the age of 21 shall
be employed as a bartender by any
licensee within the Santa Ana Indian
Reservation.
Section 133: ALL SALES CASH.
No licensee shall make any sale of any
alcoholic beverages within the Santa
Ana Indian Reservation without
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receiving payment therefor by cash,
check, credit card, cash equivalent (such
as gaming chips) or voucher issued by
the licensee and specifically intended to
be redeemable for alcoholic beverages,
at or about the time the sale is made;
provided, that nothing herein shall
preclude a licensee from receiving a
delivery of alcoholic beverages from a
duly authorized wholesaler where
arrangements have been made to pay for
such delivery at a different time; and
provided further that nothing herein
shall preclude a licensee from allowing
a customer to purchase more than one
alcoholic beverage in sequence, and to
pay for all such purchases at the
conclusion thereof, so long as payment
is made in full before the customer has
left the licensed premises; and provided
further that nothing herein shall prevent
a licensee from distributing alcoholic
beverages to customers without charge,
so long as such distribution is not
otherwise in violation of any provision
of this Liquor Code.
Subchapter Three: Issuance of Licenses
Section 151: REQUIREMENT OF
LICENSE.
Any person who sells, offers for sale,
stores or possesses for commercial
purposes, or maintains premises for the
consumption of alcoholic beverages
within the Santa Ana Indian
Reservation, must be duly licensed
under the provisions of this Liquor
Code.
Section 152: CLASSES OF LICENSES.
The following types or classes of
licenses for the sale or distribution of
alcoholic beverages within the Santa
Ana Indian Reservation shall be
permitted:
A. Package license, which shall
authorize the licensee to store, possess,
sell and offer for sale alcoholic
beverages in unopened containers, or in
containers that may only be opened by
employees of the licensee, for
consumption only off the licensed
premises.
B. Premises license, which shall
authorize the licensee to store, possess
and sell alcoholic beverages for
consumption on the licensed premises,
and to permit such consumption on the
licensed premises, provided that such
license when held by an inn or hotel
shall also permit the licensee to stock
any individual guest room with
alcoholic beverages contained in a
compartment available to the registered
guest to whom such room is rented and
who is 21 years of age or older; and
provided further that a premises
licensee may allow a patron who has
purchased a bottle of wine with a meal,
but who has not consumed all of the
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contents of such bottle, to leave the
premises with the partially filled bottle,
after the bottle has been recorked and
placed in a sealed bag by the licensee,
with a receipt showing the customer’s
payment for the bottle attached to the
bag.
C. Special event license, which shall
authorize the licensee to possess,
distribute, sell and offer for sale
alcoholic beverages for consumption
only on the licensed premises, and to
permit such consumption, but only for
a bona fide special event, and only
during the period or periods specified in
such license, which period or periods
shall be limited to the periods during
which the special event is occurring and
from beginning to end shall not exceed
72 hours.
Section 153: QUALIFICATIONS FOR
LICENSE.
A. No person shall be entitled to be
issued a license under the provisions of
this Liquor Code who has previously
been the subject of any proceeding
resulting in the revocation or the denial
of a renewal of any license for the sale
of alcoholic beverages issued by the
Pueblo or by any state or other
jurisdiction, or who has been convicted
of any felony in any jurisdiction
involving theft, corruption, dishonesty
or embezzlement, or who has not at the
time the application for license is
submitted attained the age of 21 years,
or who is otherwise determined by the
Pueblo to be unfit to be licensed to sell
alcoholic beverages, or whose spouse is
a person not qualified to hold a license
under the provisions of this section.
B. No partnership or corporation shall
be entitled to be issued a license under
the provisions of this Liquor Code if any
individual occupying any management
or supervisory position within such
corporation or partnership, or who sits
on the management committee or board
of directors or trustees thereof, or who
holds or controls a financial interest of
ten percent or more in such partnership
or corporation, is a person who would
not be entitled to be issued a license
under the provisions of this section.
C. No person shall be entitled to be
issued a package or premises license
hereunder unless such person has, by
virtue of an approved lease or other
valid interest in lands within the Santa
Ana Indian Reservation, lawful
entitlement to engage in a business
within the Development Area with
which such license would be
compatible, and can demonstrate that
such person is otherwise capable of
complying with all of the requirements
imposed on licensees by this Liquor
Code.
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D. No application for a package or
premises license shall be issued for any
licensed premises outside of the
Development Area.
E. Notwithstanding anything in this
section to the contrary, the Pueblo and
its agencies, programs and enterprises
shall be entitled to be issued licenses
hereunder in appropriate circumstances,
provided that all other provisions of this
Liquor Code are complied with.
Section 154: PACKAGE AND
PREMISES LICENSE APPLICATION;
PROCEDURE; FEES.
A. Every person seeking a package or
premises license under the provisions of
this Liquor Code (other than the Pueblo
or any of its agencies, programs or
enterprises) shall submit to the Pueblo’s
Tribal Administrator, or such other
person as the Governor may designate to
handle such matters (hereinafter
referred to as ‘‘Liquor License
Administrator’’) a written application,
under oath, in the form prescribed by
and containing the information required
by this section.
B. If the applicant is a natural person,
the application shall contain, at a
minimum, all of the following
information:
1. The full legal name of the
applicant, plus any other names under
which the applicant has been known or
done business during the previous 20
years, and the applicant’s date and place
of birth, as shown by a certified copy of
the applicant’s birth certificate.
2. The applicant’s current legal
residence address and business address,
if any, and every residence address that
the applicant has maintained during the
previous ten years, with the dates
during which each such address was
current.
3. The trade name, business address
and description of every business in
which the applicant has engaged or had
any interest (other than stock ownership
or partnership interest amounting to less
than five percent of total capital) during
the previous ten years, and the dates
during which the applicant engaged in
or held an interest in any such business.
4. A listing of every other jurisdiction
in which the applicant has ever applied
for a license to sell or distribute
alcoholic beverages, the date on which
each such application was filed, the
name of the regulatory agency with
which the application was filed, the
action taken on each such application,
and if any such license was issued, the
dates during which it remained in
effect, and as to each such license a
statement whether any action was ever
taken by the regulatory body to suspend
or revoke such license, with full dates
and details of any such incident.
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5. A listing of every crime with which
the applicant has ever been charged,
other than routine traffic offenses (but
including any charge of driving while
intoxicated or the like), giving as to each
the date on which the charge was made,
the location, the jurisdiction, the court
in which the matter was heard, and the
outcome or ultimate disposition thereof.
6. The name and address of every
person or entity holding any security
interest in any of the assets of the
business to be conducted by the
applicant, or in any of the proceeds of
such business.
7. A detailed plat of the business
premises within the Development Area,
including the floor plans of any
structure and the details of any exterior
areas intended to be part of the licensed
premises, together with evidence of the
applicant’s right to conduct business on
such premises.
8. A detailed description of the
business conducted or intended to be
conducted on the licensed premises,
and including (but not limited to) hours
of operation and number of employees.
9. The type(s) of license(s) requested.
C. If the applicant is a corporation, the
corporation, each officer of the
corporation and every person holding
10% or more of the outstanding stock in
the corporation shall submit an
application complying with the
provisions of paragraph B of this
section, and in addition, the applicant
shall also submit the following:
1. A certified copy of its Articles of
Incorporation and Bylaws.
2. The names and addresses of all
officers and directors and those
stockholders owning 5% or more of the
voting stock of the corporation and the
amount of stock held by each such
stockholder.
3. The name of the resident agent of
the corporation who would be
authorized to accept service of process,
including orders and notices issued by
the Pueblo, and who will have principal
supervisory responsibility for the
business to be conducted on the
licensed premises.
4. Such additional information
regarding the corporation as the Liquor
License Administrator may require to
assure a full disclosure of the
corporation’s structure and financial
responsibility.
D. If the applicant is a partnership,
the partnership, the managing partner
and every partner having an interest
amounting to 10% or more of the total
equity interest in the partnership shall
submit applicants complying with the
provisions of paragraph B of this
section, and in addition, the applicant
shall submit the following:
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1. A certified copy of the Partnership
Agreement.
2. The names and addresses of all
general partners and of all limited
partners contributing 10% or more of
the total value of contributions made to
the limited partnership or who are
entitled to 10% or more of any
distributions of the limited partnership.
3. The name and address of the
partner, or other agent of the
partnership, authorized to accept
service of process, including orders and
notices issued by the Pueblo, and who
will have principal supervisory
responsibility for the business to be
conducted in the licensed premises.
4. Such additional information
regarding the partnership as the Liquor
License Administrator may require to
assure a full disclosure of the
partnership’s structure and financial
responsibility.
E. Every applicant who is a natural
person, and every person required by
paragraphs C or D of this section to
comply with the provisions of
paragraph B, shall also submit with the
application a complete set of
fingerprints, taken under the
supervision of and certified to by an
officer of an authorized law enforcement
agency located within the State of New
Mexico.
F. Every applicant for either a package
license or a premises license shall
submit with the completed license
application a non-refundable license
processing fee, in the amount set forth
below:
within the first 90-day period; provided,
however, that in no event shall the
issuance of a preliminary license, or the
renewal of such license for an
additional 90-day period, entitle the
applicant to favorable consideration
with respect to the application for a
package or premises license.
H. The Pueblo or any of its agencies,
programs or enterprises may apply for a
package or premises license by
submitting an application to the Liquor
License Administrator identifying the
applicant, describing in detail the
purpose of the license, including a
detailed description of the proposed
licensed premises, and including the
appropriate fee as set forth in Paragraph
F of this section.
Section 155: ISSUANCE OF LICENSE.
A. The Liquor License Administrator
shall, after reviewing all of the
information submitted by the applicant
or revealed by the background
investigation, submit a report to the
Governor recommending either
approval or denial of the application for
the license, and stating the reasons for
such recommendation.
B. Upon review of the
recommendation of the Liquor License
Administrator, if the Governor finds that
the applicant satisfies the requirements
of Section 153 of this chapter, the
Governor shall issue the license,
authorizing the applicant to engage in
sales of alcoholic beverages within the
Santa Ana Indian Reservation as
permitted by the class of license applied
for, and specifying in detail the licensed
premises where such sales are permitted
Package license ....................
$5,000.00
Premises license ..................
1,000.00 (which shall be within the Development
Area), but subject also to all the terms
In addition, each applicant shall pay a
and conditions of this Liquor Code, and
fee to cover the cost of a background
to such other appropriate conditions,
investigation of each individual for
not inconsistent with the provisions of
whom such investigation must be
this Liquor Code, as the Governor may
undertaken in connection with the
deem reasonable and necessary under
application, in an amount to be set by
the circumstances.
the Liquor License Administrator from
C. In the event the Governor
time to time.
concludes, on the basis of the Liquor
G. Upon receiving a completed
License Administrator’s report, that the
license application together with the
applicant does not satisfy the
required fee, the Liquor License
requirements of Section 153 of this
Administrator shall cause a background chapter, the Governor shall issue a
investigation to be performed of the
notice denying the application, and
applicant, to determine whether the
explaining the basis for such denial.
D. Any applicant whose application is
applicant is qualified to be licensed
denied shall have the right to appeal
under the provisions of this Liquor
such denial, by filing a Notice of Appeal
Code. Upon the written
with the Office of the Governor and
recommendation of the Liquor License
with the Santa Ana Tribal Court, within
Administrator (if requested by the
30 days of the date of receipt of the
applicant), the Governor may, in his
discretion, issue a preliminary license to Notice of Denial. Upon receiving a copy
the applicant effective for a period of no of a Notice of Appeal, the Governor’s
office shall prepare a copy of the entire
more than 90 days, but which shall be
file pertaining to the application and
renewable for one additional period of
shall transmit it to the Tribal Court,
90 days in the event the background
with a copy to the applicant. The
investigation cannot be completed
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Pueblo, represented by the Pueblo’s
attorney, shall appear in the action in
the Tribal Court. The proceedings in the
Tribal Court shall be based upon the
record that was before the Liquor
License Administrator and the
Governor, except that the applicant
may, upon a showing of good cause, be
permitted to submit additional evidence
to rebut or explain information relied on
by the Governor for his denial of the
application that was not obtained from
the applicant. The Tribal Court shall
affirm the Governor’s decision unless it
finds that the Governor acted arbitrarily
or capriciously or otherwise abused his
discretion in making his determination.
E. Any party that is aggrieved by the
decision of the Tribal Court may
petition the Tribal Council to review the
Tribal Court decision, in writing, within
30 days after issuance of the Tribal
Court decision. The petition shall set
forth the specific grounds on which the
petitioner claims the Tribal Court erred
in its decision, and why its decision
should be reviewed, and shall be served
on the Governor and all parties. The
prevailing party may submit a response
to the petition within 15 days of service
of the petition. The Governor shall place
the petition on the agenda of the next
Tribal Council meeting after service of
the response (or the expiration of the 15day period, if no response is filed), and
the Tribal Council shall, at such
meeting, decide whether to hear the
petition. In the event the Tribal Council
decides to hear the petition, the
Governor shall notify all parties of that
decision, and of the date on which the
Tribal Council shall consider the matter.
The Governor shall provide each Tribal
Council member with a copy of the
Tribal Court decision, the petition for
Tribal Council review and the response,
if any, and the complete record before
the Tribal Court shall be available for
inspection by any Tribal Council
member. The Tribal Council shall hear
each party’s representative present its
arguments, and shall decide by majority
vote whether a license should be issued
to the applicant. The Tribal Council’s
decision shall be final and
nonreviewable.
Section 156: TERM; RENEWAL; FEE.
A. Each package or premises license
issued hereunder shall have a term of
one (1) year from the date of issuance,
provided that such license shall be
renewable for additional periods of one
year each by any licensee who has
complied fully with the terms and
provisions of the license and of this
Liquor Code during the term of the
license, and who remains fully qualified
to be licensed under the provisions of
Section 153 of this Chapter, upon
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payment to the Pueblo of a license
renewal fee in the amount of the initial
application fee, and submission of an
application for renewal on a form
specified by the Liquor License
Administrator, no less than thirty (30)
days prior to the expiration date of the
license. The renewal form shall require
the applicant to note any changes in the
information submitted with the original
license application. The failure to
submit a timely renewal application,
with the required fee, may subject the
licensee to a late charge of $500.00. If
the renewal application is not submitted
prior to expiration of the license, the
Liquor License Administrator may treat
the license as having expired, and may
require the licensee to file a new
application in compliance with Section
154 of this chapter.
B. Upon receipt of an application for
renewal of a license, and a
recommendation of the Liquor License
Administrator, the Governor shall
determine whether the licensee has
conducted its operations in compliance
with the provisions of this Code, and is
otherwise qualified to be licensed. In
the event the Governor receives
information indicating that the licensee
has not complied with the provisions of
this Code or is otherwise not qualified
to be licensed hereunder, the Governor
shall deny the application for renewal,
giving the licensee written notice
thereof with a statement of the reasons
for such denial.
C. A licensee may appeal a denial of
an application for renewal of its license,
by filing a Notice of Appeal with the
Office of the Governor and with the
Santa Ana Tribal Court, within 30 days
of receipt of the Notice of Denial of the
application for renewal. Upon receiving
the Notice of Appeal, the Governor’s
office shall prepare a complete copy of
the entire file pertaining to the
application and shall transmit it to the
Tribal Court, with a copy to the
applicant. The Pueblo, represented by
the Pueblo’s attorney, shall appear in
the action in the Tribal Court. The
proceedings in the Tribal Court shall be
based upon the information submitted
to the Governor by the licensee and any
other information obtained by the
Governor in the course of processing the
application, except that the licensee
shall be permitted to submit additional
evidence to rebut or explain information
relied on by the Governor for his denial
of the application that was not obtained
from the licensee. The licensee may
apply to the Tribal Court for an order
maintaining the license in effect during
the pendency of the appeal, but in the
absence of such order, the license shall
expire at the end of its term. The Tribal
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54315
Court shall affirm the Governor’s
decision unless it finds that the
Governor acted arbitrarily or
capriciously or otherwise abused his
discretion in making his determination.
D. Any party that is aggrieved by the
decision of the Tribal Court may
petition the Tribal Council to review the
Tribal Court decision, in writing, within
30 days after issuance of the Tribal
Court decision. The petition shall set
forth the specific grounds on which the
petitioner claims the Tribal Court erred
in its decision, and why its decision
should be reviewed, and shall be served
on the Governor and all parties. The
prevailing party may submit a response
to the petition within 15 days of service
of the petition. The Governor shall place
the petition on the agenda of the next
Tribal Council meeting after service of
the response (or the expiration of the 15day period, if no response is filed), and
the Tribal Council shall, at such
meeting, decide whether to hear the
petition. In the event the Tribal Council
decides to hear the petition, the
Governor shall notify all parties of that
decision, and of the date on which the
Tribal Council shall consider the matter.
The Governor shall provide each Tribal
Council member with a copy of the
Tribal Court decision, the petition for
Tribal Council review and the response,
if any, and the complete record before
the Tribal Court shall be available for
inspection by any Tribal Council
member. The Tribal Council shall hear
each party’s representative present its
arguments, and shall decide by majority
vote whether the license should be
renewed. The Tribal Council’s decision
shall be final and nonreviewable.
Section 157: CONDITIONS OF
LICENSE.
No licensee shall have any property
interest in any license issued under the
provisions of this Liquor Code, and
every such license shall be deemed to
confer a privilege, revocable by the
Pueblo in accordance with the
provisions of this Chapter. The
continued validity of every package and
premises license issued hereunder shall
be dependent upon the following
conditions:
A. Every representation made by the
licensee and any of its officers,
directors, shareholders, partners or
other persons required to submit
information in support of the
application, shall have been true at the
time such information was submitted,
and shall continue to be true, except to
the extent the licensee advises the
Liquor License Administrator in writing
of any change in any such information,
and notwithstanding any such change,
the licensee shall continue to be
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qualified to be licensed under the
provisions of this Liquor Code.
B. The licensee shall at all times
conduct its business on the Santa Ana
Indian Reservation in full compliance
with the provisions of this Liquor Code
and with the other laws of the Pueblo.
C. The licensee shall maintain in
force, public liability insurance covering
the licensed premises, insuring the
licensee and the Pueblo against any
claims, losses or liability whatsoever for
any acts or omissions of the licensee or
of any business invitee on the licensed
premises resulting in injury, loss or
damage to any other party, with
coverage limits of at least $1 million per
injured person, and the Liquor License
Administrator shall at all times have
written evidence of the continued
existence of such policy of insurance.
D. The licensee shall continue to have
authority to engage in business within
the Development Area, and shall have
paid all required rentals, assessments,
taxes, or other payments due the Pueblo.
E. The business conducted on the
licensed premises shall be conducted by
the licensee or its employees directly,
and shall not be conducted by any
lessee, sublessee, assignee or other
transferee, nor shall any license or any
interest therein be sold, assigned, leased
or otherwise transferred to any other
person.
F. All alcoholic beverages sold on the
licensed premises shall have been
obtained from a New Mexico licensed
wholesaler.
G. The licensee shall submit to the
jurisdiction of the Tribal Court of the
Pueblo with respect to any action
brought by the Pueblo or any of its
agencies or officials to enforce the
provisions of this Liquor Code, or with
respect to any action arising out of the
licensee’s sale or service of alcoholic
beverages on the licensed premises.
Section 158: SANCTIONS FOR
VIOLATION OF LICENSE.
A. Upon determining that any person
licensed by the Pueblo to sell alcoholic
beverages under the provisions of this
chapter is for any reason no longer
qualified to hold such license under the
provisions of Section 153 hereof, or has
violated any of the conditions set forth
in Section 157, the Governor shall
immediately serve written notice upon
such licensee directing that he show
cause within ten (10) calendar days why
his license should not be suspended or
revoked, or a fine imposed. The notice
shall specify the precise grounds relied
upon and the action proposed.
B. If the licensee fails to respond to
such notice within ten (10) calendar
days of service of such notice, the
Governor shall issue an order
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suspending the license for such period
as the Governor deems appropriate, or
revoking the license, effective
immediately, or imposing a fine, in such
amount as the Governor deems
reasonable. If the licensee, within the
10-day period, files with the Office of
the Governor a written response and
request for a hearing before the Santa
Ana Tribal Court, such hearing shall be
set no later than thirty (30) calendar
days after receipt of such request.
C. At the hearing, the licensee, who
may be represented by counsel, shall
present evidence and argument directed
at the issue of whether or not the
asserted grounds for the proposed action
are in fact true, and whether such
grounds justify such action. The Pueblo
may present such other evidence as it
deems appropriate.
D. The court after considering all of
the evidence and arguments shall issue
a written decision either upholding the
proposed action of the Governor,
modifying such action by imposing
some lesser penalty, or ruling in favor
of the licensee, and such decision shall
be final and conclusive.
Section 159: SPECIAL EVENT
LICENSE.
A. Any person authorized to conduct
business within the Development Area,
or any established organization
(including any agency, department or
enterprise of the Pueblo) that includes
any member of the Pueblo and that has
authority to conduct any activities
within the Santa Ana Indian
Reservation, that is not a licensee
hereunder and that has not had an
application for a license rejected, may
apply to the Liquor License
Administrator for a special event
license, which shall entitle the
applicant to distribute alcoholic
beverages, whether or not for
consideration, in connection with a
bona fide special event to be held by the
applicant within the Development Area.
Any such application must be filed in
writing, in a form prescribed by the
Liquor License Administrator, no later
than ten (10) calendar days prior to the
event, and must be accompanied by a
fee in an amount set by the Liquor
License Administrator from time to
time, and must contain at least the
following information:
1. The exact days and times during
which the event will occur (provided,
that in no event shall any license be in
effect for a period exceeding 72 hours,
from the beginning of the first day of the
event until the end of the last day);
2. The precise location within the
Development Area where the event will
occur, and where alcoholic beverages
will be distributed;
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3. The nature and purpose of the
event, and the identity or categories of
persons who are invited to participate;
4. The nature of any food and
beverages to be distributed, and the
manner in which such distribution shall
occur;
5. Details of all provisions made by
the applicant for sanitation, security and
other measures to protect the health and
welfare of participants at the event;
6. Certification that the event will be
covered by a policy of public liability
insurance as described in Section 157(C)
of this Liquor Code, that includes the
Pueblo as a co-insured, or that the
applicant will indemnify the Pueblo and
hold it harmless from any claims,
demands, liability or expense as a result
of the act or omission of any person in
connection with the special event, in
which latter case the Liquor License
Administrator or Governor may require
a bond to assure compliance with such
indemnification provision.
7. Any other information required by
the Liquor License Administrator
relative to the event.
B. The Liquor License Administrator,
or the Governor, shall act to approve or
reject the application no later than three
days following submission of the
application with the required fee. If the
application is approved, the Liquor
License Administrator or the Governor
shall issue the license, which shall
specify the hours during which and the
premises within which sales,
distribution and consumption of
alcoholic beverages may occur. If any
application is rejected, the rejection
shall indicate the grounds therefor, and
the applicant shall be entitled to file a
new application correcting any
deficiencies or problems found in the
original application that warranted the
rejection.
C. Alcoholic beverages may be sold or
distributed pursuant to a special event
license only at the location and during
the hours specified in such license, in
connection with the special event, only
to participants in such special event,
and only for consumption on the
premises described in the license. Such
sales or distribution must comply with
any conditions imposed by the license,
and with all other applicable provisions
of this Liquor Code. All such alcoholic
beverages must have been obtained from
a New Mexico licensed wholesaler or
retailer.
Section 160: DISPLAY OF LICENSE.
Every person licensed by the Pueblo
to sell alcoholic beverages within the
Santa Ana Indian Reservation shall
prominently display the license on the
licensed premises during hours of
operation.
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Subchapter Four: Offenses
Section 181: PURCHASE FROM OR
SALE TO UNAUTHORIZED PERSONS.
Within the Santa Ana Indian
Reservation, no person shall purchase
any alcoholic beverage at retail except
from a person licensed by the Pueblo
under the provisions of this title; no
person except a person licensed by the
Pueblo under the provisions of this title
shall sell any alcoholic beverage at
retail; nor shall any person sell any
alcoholic beverage for resale to any
person other than a person properly
licensed by the Pueblo under the
provisions of this title.
Section 182: SALE TO MINORS.
A. No person shall sell or serve any
alcoholic beverage to any person under
the age of 21 years.
B. It shall be a defense to an alleged
violation of this Section that the
purchaser presented to the seller or
server an apparently valid identification
document showing the purchaser’s age
to be 21 years or older, provided that the
seller or server, as the case may be, had
no actual or constructive knowledge of
the falsity of the identification
document, and relied in good faith on
its apparent validity.
Section 183: PURCHASE BY MINOR.
No person under the age of 21 years
shall purchase, attempt to purchase or
possess any alcoholic beverage.
Section 184: SALE TO PERSON
UNDER THE INFLUENCE OF
ALCOHOL.
No person shall sell any alcoholic
beverage to a person who the seller has
reason to believe is intoxicated or who
the seller has reason to believe intends
to provide such alcoholic beverage to an
intoxicated person.
Section 185: PURCHASE BY PERSON
UNDER THE INFLUENCE OF
ALCOHOL.
No intoxicated person shall purchase
any alcoholic beverage.
Section 186: DRINKING IN PUBLIC
PLACES.
No person shall consume any
alcoholic beverage in any public place
within the Santa Ana Indian
Reservation except on premises licensed
by the Pueblo for the sale of alcoholic
beverages by the drink.
Section 187: BRINGING LIQUOR
ONTO LICENSED PREMISES.
No person shall bring any alcoholic
beverage for personal consumption onto
any premises within the Santa Ana
Indian Reservation where liquor is
authorized to be sold by the drink,
unless such beverage was purchased on
such premises, or unless the possession
or distribution of such beverages on
such premises is otherwise permitted
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under the provisions of this Liquor
Code.
Section 188: OPEN CONTAINERS
PROHIBITED.
No person shall have an open
container of any alcoholic beverage in a
public place, other than on premises
licensed for the sale of alcoholic
beverages by the drink, or in any
automobile, whether moving or standing
still. This Section shall not apply to
empty containers such as aluminum
cans or glass bottles collected for
recycling.
Section 189: USE OF FALSE OR
ALTERED IDENTIFICATION.
No person shall purchase or attempt
to purchase any alcoholic beverage by
the use of any false or altered
identification document that falsely
purports to show the individual to be 21
years of age or older.
Section 190: PENALTIES.
A. Any person convicted of
committing any violation of this Chapter
shall be subject to punishment of up to
one (1) year imprisonment or a fine not
to exceed Five Thousand Dollars
($5,000.00), or to both such
imprisonment and fine.
B. Any person not a member of the
Pueblo, upon committing any violation
of any provision of this Chapter, may be
subject to a civil action for trespass, and
upon having been determined by the
court to have committed the alleged
violation, shall be found to have
trespassed upon the lands of the Pueblo,
and shall be assessed such damages as
the court deems appropriate in the
circumstances.
C. Any person suspected of having
violated any provision of this Chapter
shall, in addition to any other penalty
imposed hereunder, be required to
surrender any alcoholic beverages in
such person’s possession to the officer
making the arrest or issuing the
complaint.
Section 191: JURISDICTION.
Any and all actions, whether civil or
criminal, arising from or pertaining to
alleged violations of this title or any
duty imposed hereby, or seeking any
relief against the Pueblo or any officer
or employee of the Pueblo with respect
to any matter addressed by this Liquor
Code, shall be brought in the Tribal
Court of the Pueblo, which court shall
have exclusive jurisdiction thereof. No
waiver of this provision shall be implied
by any court, and no such waiver shall
be valid unless expressly set forth in a
written resolution of the Tribal Council.
[FR Doc. 2015–22628 Filed 9–8–15; 8:45 am]
BILLING CODE 4337–15–P
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54317
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCO956000 L14400000.BJ0000]
Notice of Filing of Plats of Survey;
Colorado
Bureau of Land Management,
Interior.
ACTION: Notice of filing of plats of
survey; Colorado
AGENCY:
The Bureau of Land
Management (BLM) Colorado State
Office is publishing this notice to
inform the public of the official filing of
the survey plat listed below. The plat
will be available for viewing at https://
www.glorecords.blm.gov.
DATES: The plat described in this notice
was filed on August 21, 2015.
ADDRESSES: BLM Colorado State Office,
Cadastral Survey, 2850 Youngfield
Street, Lakewood, CO 80215–7093.
FOR FURTHER INFORMATION CONTACT:
Randy Bloom, Chief Cadastral Surveyor
for Colorado, (303) 239–3856.
Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
to contact the above individual during
normal business hours. The FIRS is
available 24 hours a day, seven days a
week, to leave a message or question
with the above individual. You will
receive a reply during normal business
hours.
SUPPLEMENTARY INFORMATION: The
supplemental plat of sections 23 and 24
in Township 5 South, Range 78 West,
Sixth Principal Meridian, Colorado, was
accepted on August 19, 2015, and filed
on August 21, 2015.
SUMMARY:
Randy Bloom,
Chief Cadastral Surveyor for Colorado.
[FR Doc. 2015–22731 Filed 9–8–15; 8:45 am]
BILLING CODE 4310–JB–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLCA930000–L14400000–ET0000; CACA–
54196 and CACA–54303]
Public Lands Order No. 7839;
Withdrawal for the Trinity Wild and
Scenic River; California
Bureau of Land Management,
Interior.
ACTION: Public Land Order.
AGENCY:
Subject to valid existing
rights, this order withdraws 3,664 acres
of public and National Forest System
SUMMARY:
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Agencies
[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54310-54317]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-22628]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/A0A501010.999900 253G]
Pueblo of Santa Ana Title 10--Licensing & Regulation, Chapter 1--
Liquor Code (Chapter)
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the amendment to the Pueblo of Santa
Ana's Title 10--Licensing & Regulation, Chapter 1--Liquor Code
(Chapter). This Chapter amends the existing Chapter 1--Liquor Code,
Section 126, enacted by the Pueblo of Santa Ana Tribal Council, which
was published in the Federal Register on April 7, 2006 (71 FR 17903).
DATES: Effective Date: This code shall become effective on October 9,
2015.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mattingly, Tribal
Government Services Officer, Southwest Regional Office, Bureau of
Indian Affairs, 1001 Indian School Road NW., Albuquerque, NM 87104-
2303, Phone: (505) 536-3100; Fax: (505) 563-3101: 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 Pueblo of Santa Ana Tribal Council
of the Pueblo of Santa Ana adopted the amendments to the Pueblo's Title
10--Licensing & Regulation, Chapter 1--Liquor Code (Chapter), Section
126, by Resolution No. 2015-R-09 on June 11, 2015. This Federal
Register notice amends and supersedes the Pueblo of Santa Ana Liquor
Ordinance, enacted by the Pueblo of Santa Ana Tribal Council,
[[Page 54311]]
which was last published on April 7, 2006 (71 FR 17903).
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 Santa Ana Council of the Pueblo
of Santa Ana duly adopted this amendment to the Pueblo's Title 10--
Licensing & Regulation, Chapter 1--Liquor Code (Chapter) by Resolution
No. 2015-R-09 on June 11, 2015.
Dated: August 31, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
Section 126 Pueblo of Santa Ana Liquor Code shall read as follows:
PUEBLO OF SANTA ANA TRIBAL CODE
TITLE 10: LICENSING & REGULATION
Chapter One: LIQUOR CODE
Subchapter One: General Provisions
Section 101: FINDINGS.
The Tribal Council finds as follows:
A. The introduction, possession and sale of alcoholic beverages on
the Santa Ana Indian Reservation has, for a long time, been clearly
recognized as a matter of special concern to the Pueblo and its members
and to the United States; and
B. Under federal law and New Mexico state law, and as a matter of
inherent Tribal sovereignty, the question of when and to what extent
alcoholic beverages may be introduced into and sold or consumed within
the Santa Ana Indian Reservation is to be decided by the governing body
of the Tribe; and
C. It is desirable that the Tribal Council legislate
comprehensively on the subject of the sale and possession of alcoholic
beverages within the Santa Ana Indian Reservation, both to establish a
consistent and reasonable Tribal policy on this important subject, as
well as to facilitate economic development projects within the Santa
Ana Indian Reservation that may involve outlets for the sale and
consumption of alcoholic beverages; and
D. It is the policy of the Tribal Council that the introduction,
sale and consumption of alcoholic beverages within the Santa Ana Indian
Reservation be carefully regulated so as to protect the public health,
safety and welfare, and that licensees be made fully accountable for
violations of conditions of their licenses and the consequences
thereof.
Section 102: DEFINITIONS.
As used in this Chapter, the following words shall have the
following meanings:
A. ``Council'' means the Tribal Council of the Pueblo of Santa Ana.
B. ``Development Area'' means those lands within the Santa Ana
Indian Reservation and that are situated west of the Rio Grande and
south of the Rio Jemez, but not including any lands within the
boundaries of the Santa Ana Pueblo Grant as confirmed by Congress by
the Act of February 9, 1869, c. 26, 15 Stat. 438 (provided however,
that if such term is more specifically defined in a planning or zoning
statute or ordinance adopted by the Tribal Council, or in any
regulations issued under the authority of any such duly adopted
planning or zoning statute or ordinance, such definition shall
supersede and control the definition of such term set forth herein).
C. ``Governor'' means the Governor of the Pueblo of Santa Ana.
D. ``Licensed Premises'' means the location within the Santa Ana
Indian Reservation at which a licensee is permitted to sell and allow
the consumption of alcoholic beverages, and may, if requested by the
applicant and approved by the Governor, include any related or
associated facilities under the control of the licensee, or within
which the licensee is otherwise authorized to conduct business (but
subject to any conditions or limitations as to sales within such area
that may be imposed by the Governor in issuance of the license).
E. ``Licensee'' means a person or entity that has been issued a
license to sell alcoholic beverages on the licensed premises under the
provision of this Liquor Code.
F. ``Liquor'' or ``Alcoholic Beverage'' includes the four varieties
of liquor commonly referred to as alcohol, spirits, wine and beer, and
all fermented, spirituous, vinous or malt liquors or combinations
thereof, mixed liquor, any part of which is fermented, spirituous,
vinous, or malt liquor, or any otherwise intoxicating liquid, including
every liquid or solid or semi-solid or other substance, patented or
not, containing alcohol, spirits, wine or beer and intended for oral
consumption.
G. ``Liquor Code'' means the Santa Ana Pueblo Liquor Code, this
Chapter.
H. ``Person'' means any natural person, partnership, corporation,
joint venture, association, or other legal entity.
I. ``Pueblo'' or ``Tribe'' means the Pueblo of Santa Ana.
J. ``Sale'' or ``sell'' means any exchange, barter, or other
transfer of goods from one person to another for commercial purposes,
whether with or without consideration.
K. ``Santa Ana Indian Reservation'' means all lands within the
exterior boundaries of the Santa Ana Indian Reservation, all lands
within the exterior boundaries of the El Ranchito Grant and the Santa
Ana Pueblo Grant, and all other lands owned by the Pueblo subject to
federal law restrictions on alienation or held by the United States for
the use and benefit of the Pueblo.
L. ``Special Event'' means a bona fide special occasion such as a
fair, fiesta, show, tournament, contest, meeting, picnic or similar
event within the Development Area, sponsored by an established business
or organization, lasting no more than three days. A special event may
be open to the public or to a designated group, and it may be a one-
time event or periodic, provided, however, that such events held more
than four times a year by the same business or organization may not be
deemed special events for purposes of this Liquor Code, in the
discretion of the Governor.
M. ``Server'' means an individual who sells, serves or dispenses
alcoholic beverages for consumption on or off licensed premises,
including persons who manage, direct or control the sale or service of
alcohol.
Section 103: SOVEREIGN IMMUNITY PRESERVED.
Nothing in the Liquor Code shall be construed as a waiver or
limitation of the sovereign immunity of the Pueblo.
Section 104: INITIAL COMPLIANCE.
No person shall be disqualified from being issued a license under
the provisions of this Liquor Code, or shall be found to have violated
any provision of this Chapter, solely because such person, having been
duly authorized to engage in the sale of alcoholic beverages within the
Santa Ana Indian Reservation under the law as it existed prior to
enactment of this Liquor Code, continues to engage in such business
without a license issued under the provisions of this Liquor Code after
the effective date hereof, so long as such person, within 90 days after
such effective date (or within 30 days after receiving written notice
from the Pueblo of the enactment of the Liquor Code, whichever is
later) submits an application for such license in compliance with the
provisions of this Liquor Code, and a license is thereafter issued in
due course; provided, however, that upon the issuance of a license
under the provisions of this Liquor Code to any person or entity, or
upon the rejection of an application for such license by any person or
entity, no license issued by the State of New Mexico or issued under
the provisions of any prior law of the Pueblo that is
[[Page 54312]]
held by such person or entity, or that purports to authorize the
possession, sale or consumption of alcoholic beverages on premises
covered by a license issued (or a license application rejected) under
the provisions of this Liquor Code, shall have any further validity or
effect within the Santa Ana Indian Reservation.
Section 105: SEVERABILITY.
In the event any provision of this Liquor Code is held invalid or
unenforceable by any court of competent jurisdiction, the remainder of
the Code shall continue in full force and effect, notwithstanding the
invalidity or unenforceability of such provision, to the fullest extent
practicable.
Subchapter Two: Sale, Possession and Consumption of Alcoholic Beverages
Section 121: PROHIBITION.
The sale, introduction for sale, purchase, or other dealing in
alcoholic beverages, except as is specifically authorized by the Liquor
Code, is prohibited within the Santa Ana Indian Reservation.
Section 122: POSSESSION FOR PERSONAL USE.
Possession of alcoholic beverages for personal use shall be lawful
within the Santa Ana Indian Reservation only if such alcoholic
beverages were lawfully purchased from an establishment duly licensed
to sell such beverages, whether on or off the Santa Ana Indian
Reservation, and are possessed by a person or persons 21 years of age
or older. Such possession is otherwise prohibited.
Section 123: TRANSPORTATION THROUGH RESERVATION NOT AFFECTED.
Nothing herein shall pertain to the otherwise lawful transportation
of alcoholic beverages through the Santa Ana Indian Reservation by
persons remaining upon public highways (or other areas paved for motor
vehicles) and where such beverages are not delivered, sold at retail or
offered for sale at retail to anyone within the Santa Ana Indian
Reservation.
Section 124: REQUIREMENT OF PUEBLO LICENSE.
No person shall sell any alcoholic beverage within the Santa Ana
Indian Reservation at retail, or offer any such beverage for sale at
retail, unless such person holds a license issued by the Pueblo under
the provisions of this Chapter.
Section 125: ALL SALES FOR PERSONAL USE.
No person licensed to sell alcoholic beverages within the Santa Ana
Indian Reservation shall sell any such beverage for resale, but all
such sales shall be for the personal use of the purchaser. Nothing
herein shall prohibit a duly licensed wholesale dealer in alcoholic
beverages from selling and delivering such beverages to properly
licensed retailers within the Santa Ana Indian Reservation, so long as
such sales and deliveries are otherwise in conformity with the laws of
the State of New Mexico and this Liquor Code.
Section 126: PACKAGE SALES AND SALES OF LIQUOR BY THE DRINK
PERMITTED.
Sales of alcoholic beverages on the Santa Ana Indian Reservation
may be in package form or for consumption on the premises, or both, so
long as the seller is properly licensed by the Pueblo to make sales of
that type. No seller of alcoholic beverages shall permit any person to
bring onto premises where liquor by the drink is authorized to be sold
any alcoholic beverages purchased elsewhere, unless such person is
otherwise licensed to possess or distribute such beverages on such
premises, except that a restaurant holding a premises license may allow
a customer who is ordering a meal, and who is legally entitled to
consume alcoholic beverages, to bring onto the premises one or more
bottles of wine that were legally acquired from a New Mexico licensed
retailer or wholesaler (but not to exceed one bottle per person at the
table), for consumption with such customer's meal, provided that any
such bottle is opened by an employee of the restaurant who is legally
entitled to serve alcoholic beverages, and the restaurant may charge a
corkage fee for each such bottle opened.
Section 127: NO SALES TO MINORS.
No alcoholic beverages may be sold within the Santa Ana Indian
Reservation to persons under the age of 21 years.
Section 128: HOURS AND DAYS OF SALE.
Alcoholic beverages may be sold, offered for sale or consumed on
licensed premises within the Santa Ana Indian Reservation at such hours
as are established by the Licensee, but provided that in no event shall
any such sales or consumption occur between the hours of 2:00 a.m. and
7:00 a.m. on any day.
Section 129: [Repealed.]
Section 130: OTHER PROHIBITIONS ON SALES.
The Tribal Council may, by duly enacted resolution, establish other
days on which or times at which sales or consumption of alcoholic
beverages are not permitted within the Santa Ana Indian Reservation.
The Council shall give notice of any such enactment promptly to all
licensees within the Santa Ana Indian Reservation. In addition, the
Governor of the Pueblo may, in the event of a bona fide emergency, and
by written order, prohibit the sale of any alcoholic beverages within
the Santa Ana Indian Reservation for a period of time not to exceed 48
hours. The Governor shall give prompt notice of such emergency order to
all licensees within the Santa Ana Indian Reservation. No such
emergency order may extend beyond 48 hours, unless during that time the
Tribal Council meets and determines that the emergency requires a
further extension of such order.
Section 131: LOCATION OF SALES, CONSUMPTION.
No person licensed to sell alcoholic beverages within the Santa Ana
Indian Reservation shall make such sales except at the licensed
premises specifically designated in such license. No person holding a
premises license shall permit consumption of alcoholic beverages
purchased from such licensee to occur off of the licensed premises;
except that nothing herein shall prohibit a premises licensee from
permitting a customer who has purchased a bottle of wine with a meal,
but only partially consumed the contents of such bottle, from taking
the partially consumed bottle off of the premises, after such bottle
has been recorked by the licensee and placed in a sealed bag, to which
a receipt for the purchase of the bottle has been affixed.
Section 132: SALES TO BE MADE BY ADULTS.
A. No person shall be employed as a server at a licensed premises
unless within 30 days after such person's employment such person has
obtained alcohol server training equivalent to that required under the
laws of the State of New Mexico.
B. No person shall be employed to sell, serve or accept payment for
any sale of alcoholic beverages, or to oversee or direct or have any
other involvement in any such sale, within the Santa Ana Indian
Reservation, who is less than 21 years of age, except that a premises
licensee that operates a restaurant or other facility that is held out
to the public as a place where meals are prepared and served may employ
persons 19 years of age or older to sell or serve alcoholic beverages
to persons who are also ordering food, provided that no person under
the age of 21 shall be employed as a bartender by any licensee within
the Santa Ana Indian Reservation.
Section 133: ALL SALES CASH.
No licensee shall make any sale of any alcoholic beverages within
the Santa Ana Indian Reservation without
[[Page 54313]]
receiving payment therefor by cash, check, credit card, cash equivalent
(such as gaming chips) or voucher issued by the licensee and
specifically intended to be redeemable for alcoholic beverages, at or
about the time the sale is made; provided, that nothing herein shall
preclude a licensee from receiving a delivery of alcoholic beverages
from a duly authorized wholesaler where arrangements have been made to
pay for such delivery at a different time; and provided further that
nothing herein shall preclude a licensee from allowing a customer to
purchase more than one alcoholic beverage in sequence, and to pay for
all such purchases at the conclusion thereof, so long as payment is
made in full before the customer has left the licensed premises; and
provided further that nothing herein shall prevent a licensee from
distributing alcoholic beverages to customers without charge, so long
as such distribution is not otherwise in violation of any provision of
this Liquor Code.
Subchapter Three: Issuance of Licenses
Section 151: REQUIREMENT OF LICENSE.
Any person who sells, offers for sale, stores or possesses for
commercial purposes, or maintains premises for the consumption of
alcoholic beverages within the Santa Ana Indian Reservation, must be
duly licensed under the provisions of this Liquor Code.
Section 152: CLASSES OF LICENSES.
The following types or classes of licenses for the sale or
distribution of alcoholic beverages within the Santa Ana Indian
Reservation shall be permitted:
A. Package license, which shall authorize the licensee to store,
possess, sell and offer for sale alcoholic beverages in unopened
containers, or in containers that may only be opened by employees of
the licensee, for consumption only off the licensed premises.
B. Premises license, which shall authorize the licensee to store,
possess and sell alcoholic beverages for consumption on the licensed
premises, and to permit such consumption on the licensed premises,
provided that such license when held by an inn or hotel shall also
permit the licensee to stock any individual guest room with alcoholic
beverages contained in a compartment available to the registered guest
to whom such room is rented and who is 21 years of age or older; and
provided further that a premises licensee may allow a patron who has
purchased a bottle of wine with a meal, but who has not consumed all of
the contents of such bottle, to leave the premises with the partially
filled bottle, after the bottle has been recorked and placed in a
sealed bag by the licensee, with a receipt showing the customer's
payment for the bottle attached to the bag.
C. Special event license, which shall authorize the licensee to
possess, distribute, sell and offer for sale alcoholic beverages for
consumption only on the licensed premises, and to permit such
consumption, but only for a bona fide special event, and only during
the period or periods specified in such license, which period or
periods shall be limited to the periods during which the special event
is occurring and from beginning to end shall not exceed 72 hours.
Section 153: QUALIFICATIONS FOR LICENSE.
A. No person shall be entitled to be issued a license under the
provisions of this Liquor Code who has previously been the subject of
any proceeding resulting in the revocation or the denial of a renewal
of any license for the sale of alcoholic beverages issued by the Pueblo
or by any state or other jurisdiction, or who has been convicted of any
felony in any jurisdiction involving theft, corruption, dishonesty or
embezzlement, or who has not at the time the application for license is
submitted attained the age of 21 years, or who is otherwise determined
by the Pueblo to be unfit to be licensed to sell alcoholic beverages,
or whose spouse is a person not qualified to hold a license under the
provisions of this section.
B. No partnership or corporation shall be entitled to be issued a
license under the provisions of this Liquor Code if any individual
occupying any management or supervisory position within such
corporation or partnership, or who sits on the management committee or
board of directors or trustees thereof, or who holds or controls a
financial interest of ten percent or more in such partnership or
corporation, is a person who would not be entitled to be issued a
license under the provisions of this section.
C. No person shall be entitled to be issued a package or premises
license hereunder unless such person has, by virtue of an approved
lease or other valid interest in lands within the Santa Ana Indian
Reservation, lawful entitlement to engage in a business within the
Development Area with which such license would be compatible, and can
demonstrate that such person is otherwise capable of complying with all
of the requirements imposed on licensees by this Liquor Code.
D. No application for a package or premises license shall be issued
for any licensed premises outside of the Development Area.
E. Notwithstanding anything in this section to the contrary, the
Pueblo and its agencies, programs and enterprises shall be entitled to
be issued licenses hereunder in appropriate circumstances, provided
that all other provisions of this Liquor Code are complied with.
Section 154: PACKAGE AND PREMISES LICENSE APPLICATION; PROCEDURE;
FEES.
A. Every person seeking a package or premises license under the
provisions of this Liquor Code (other than the Pueblo or any of its
agencies, programs or enterprises) shall submit to the Pueblo's Tribal
Administrator, or such other person as the Governor may designate to
handle such matters (hereinafter referred to as ``Liquor License
Administrator'') a written application, under oath, in the form
prescribed by and containing the information required by this section.
B. If the applicant is a natural person, the application shall
contain, at a minimum, all of the following information:
1. The full legal name of the applicant, plus any other names under
which the applicant has been known or done business during the previous
20 years, and the applicant's date and place of birth, as shown by a
certified copy of the applicant's birth certificate.
2. The applicant's current legal residence address and business
address, if any, and every residence address that the applicant has
maintained during the previous ten years, with the dates during which
each such address was current.
3. The trade name, business address and description of every
business in which the applicant has engaged or had any interest (other
than stock ownership or partnership interest amounting to less than
five percent of total capital) during the previous ten years, and the
dates during which the applicant engaged in or held an interest in any
such business.
4. A listing of every other jurisdiction in which the applicant has
ever applied for a license to sell or distribute alcoholic beverages,
the date on which each such application was filed, the name of the
regulatory agency with which the application was filed, the action
taken on each such application, and if any such license was issued, the
dates during which it remained in effect, and as to each such license a
statement whether any action was ever taken by the regulatory body to
suspend or revoke such license, with full dates and details of any such
incident.
[[Page 54314]]
5. A listing of every crime with which the applicant has ever been
charged, other than routine traffic offenses (but including any charge
of driving while intoxicated or the like), giving as to each the date
on which the charge was made, the location, the jurisdiction, the court
in which the matter was heard, and the outcome or ultimate disposition
thereof.
6. The name and address of every person or entity holding any
security interest in any of the assets of the business to be conducted
by the applicant, or in any of the proceeds of such business.
7. A detailed plat of the business premises within the Development
Area, including the floor plans of any structure and the details of any
exterior areas intended to be part of the licensed premises, together
with evidence of the applicant's right to conduct business on such
premises.
8. A detailed description of the business conducted or intended to
be conducted on the licensed premises, and including (but not limited
to) hours of operation and number of employees.
9. The type(s) of license(s) requested.
C. If the applicant is a corporation, the corporation, each officer
of the corporation and every person holding 10% or more of the
outstanding stock in the corporation shall submit an application
complying with the provisions of paragraph B of this section, and in
addition, the applicant shall also submit the following:
1. A certified copy of its Articles of Incorporation and Bylaws.
2. The names and addresses of all officers and directors and those
stockholders owning 5% or more of the voting stock of the corporation
and the amount of stock held by each such stockholder.
3. The name of the resident agent of the corporation who would be
authorized to accept service of process, including orders and notices
issued by the Pueblo, and who will have principal supervisory
responsibility for the business to be conducted on the licensed
premises.
4. Such additional information regarding the corporation as the
Liquor License Administrator may require to assure a full disclosure of
the corporation's structure and financial responsibility.
D. If the applicant is a partnership, the partnership, the managing
partner and every partner having an interest amounting to 10% or more
of the total equity interest in the partnership shall submit applicants
complying with the provisions of paragraph B of this section, and in
addition, the applicant shall submit the following:
1. A certified copy of the Partnership Agreement.
2. The names and addresses of all general partners and of all
limited partners contributing 10% or more of the total value of
contributions made to the limited partnership or who are entitled to
10% or more of any distributions of the limited partnership.
3. The name and address of the partner, or other agent of the
partnership, authorized to accept service of process, including orders
and notices issued by the Pueblo, and who will have principal
supervisory responsibility for the business to be conducted in the
licensed premises.
4. Such additional information regarding the partnership as the
Liquor License Administrator may require to assure a full disclosure of
the partnership's structure and financial responsibility.
E. Every applicant who is a natural person, and every person
required by paragraphs C or D of this section to comply with the
provisions of paragraph B, shall also submit with the application a
complete set of fingerprints, taken under the supervision of and
certified to by an officer of an authorized law enforcement agency
located within the State of New Mexico.
F. Every applicant for either a package license or a premises
license shall submit with the completed license application a non-
refundable license processing fee, in the amount set forth below:
Package license......................................... $5,000.00
Premises license........................................ 1,000.00
In addition, each applicant shall pay a fee to cover the cost of a
background investigation of each individual for whom such investigation
must be undertaken in connection with the application, in an amount to
be set by the Liquor License Administrator from time to time.
G. Upon receiving a completed license application together with the
required fee, the Liquor License Administrator shall cause a background
investigation to be performed of the applicant, to determine whether
the applicant is qualified to be licensed under the provisions of this
Liquor Code. Upon the written recommendation of the Liquor License
Administrator (if requested by the applicant), the Governor may, in his
discretion, issue a preliminary license to the applicant effective for
a period of no more than 90 days, but which shall be renewable for one
additional period of 90 days in the event the background investigation
cannot be completed within the first 90-day period; provided, however,
that in no event shall the issuance of a preliminary license, or the
renewal of such license for an additional 90-day period, entitle the
applicant to favorable consideration with respect to the application
for a package or premises license.
H. The Pueblo or any of its agencies, programs or enterprises may
apply for a package or premises license by submitting an application to
the Liquor License Administrator identifying the applicant, describing
in detail the purpose of the license, including a detailed description
of the proposed licensed premises, and including the appropriate fee as
set forth in Paragraph F of this section.
Section 155: ISSUANCE OF LICENSE.
A. The Liquor License Administrator shall, after reviewing all of
the information submitted by the applicant or revealed by the
background investigation, submit a report to the Governor recommending
either approval or denial of the application for the license, and
stating the reasons for such recommendation.
B. Upon review of the recommendation of the Liquor License
Administrator, if the Governor finds that the applicant satisfies the
requirements of Section 153 of this chapter, the Governor shall issue
the license, authorizing the applicant to engage in sales of alcoholic
beverages within the Santa Ana Indian Reservation as permitted by the
class of license applied for, and specifying in detail the licensed
premises where such sales are permitted (which shall be within the
Development Area), but subject also to all the terms and conditions of
this Liquor Code, and to such other appropriate conditions, not
inconsistent with the provisions of this Liquor Code, as the Governor
may deem reasonable and necessary under the circumstances.
C. In the event the Governor concludes, on the basis of the Liquor
License Administrator's report, that the applicant does not satisfy the
requirements of Section 153 of this chapter, the Governor shall issue a
notice denying the application, and explaining the basis for such
denial.
D. Any applicant whose application is denied shall have the right
to appeal such denial, by filing a Notice of Appeal with the Office of
the Governor and with the Santa Ana Tribal Court, within 30 days of the
date of receipt of the Notice of Denial. Upon receiving a copy of a
Notice of Appeal, the Governor's office shall prepare a copy of the
entire file pertaining to the application and shall transmit it to the
Tribal Court, with a copy to the applicant. The
[[Page 54315]]
Pueblo, represented by the Pueblo's attorney, shall appear in the
action in the Tribal Court. The proceedings in the Tribal Court shall
be based upon the record that was before the Liquor License
Administrator and the Governor, except that the applicant may, upon a
showing of good cause, be permitted to submit additional evidence to
rebut or explain information relied on by the Governor for his denial
of the application that was not obtained from the applicant. The Tribal
Court shall affirm the Governor's decision unless it finds that the
Governor acted arbitrarily or capriciously or otherwise abused his
discretion in making his determination.
E. Any party that is aggrieved by the decision of the Tribal Court
may petition the Tribal Council to review the Tribal Court decision, in
writing, within 30 days after issuance of the Tribal Court decision.
The petition shall set forth the specific grounds on which the
petitioner claims the Tribal Court erred in its decision, and why its
decision should be reviewed, and shall be served on the Governor and
all parties. The prevailing party may submit a response to the petition
within 15 days of service of the petition. The Governor shall place the
petition on the agenda of the next Tribal Council meeting after service
of the response (or the expiration of the 15-day period, if no response
is filed), and the Tribal Council shall, at such meeting, decide
whether to hear the petition. In the event the Tribal Council decides
to hear the petition, the Governor shall notify all parties of that
decision, and of the date on which the Tribal Council shall consider
the matter. The Governor shall provide each Tribal Council member with
a copy of the Tribal Court decision, the petition for Tribal Council
review and the response, if any, and the complete record before the
Tribal Court shall be available for inspection by any Tribal Council
member. The Tribal Council shall hear each party's representative
present its arguments, and shall decide by majority vote whether a
license should be issued to the applicant. The Tribal Council's
decision shall be final and nonreviewable.
Section 156: TERM; RENEWAL; FEE.
A. Each package or premises license issued hereunder shall have a
term of one (1) year from the date of issuance, provided that such
license shall be renewable for additional periods of one year each by
any licensee who has complied fully with the terms and provisions of
the license and of this Liquor Code during the term of the license, and
who remains fully qualified to be licensed under the provisions of
Section 153 of this Chapter, upon payment to the Pueblo of a license
renewal fee in the amount of the initial application fee, and
submission of an application for renewal on a form specified by the
Liquor License Administrator, no less than thirty (30) days prior to
the expiration date of the license. The renewal form shall require the
applicant to note any changes in the information submitted with the
original license application. The failure to submit a timely renewal
application, with the required fee, may subject the licensee to a late
charge of $500.00. If the renewal application is not submitted prior to
expiration of the license, the Liquor License Administrator may treat
the license as having expired, and may require the licensee to file a
new application in compliance with Section 154 of this chapter.
B. Upon receipt of an application for renewal of a license, and a
recommendation of the Liquor License Administrator, the Governor shall
determine whether the licensee has conducted its operations in
compliance with the provisions of this Code, and is otherwise qualified
to be licensed. In the event the Governor receives information
indicating that the licensee has not complied with the provisions of
this Code or is otherwise not qualified to be licensed hereunder, the
Governor shall deny the application for renewal, giving the licensee
written notice thereof with a statement of the reasons for such denial.
C. A licensee may appeal a denial of an application for renewal of
its license, by filing a Notice of Appeal with the Office of the
Governor and with the Santa Ana Tribal Court, within 30 days of receipt
of the Notice of Denial of the application for renewal. Upon receiving
the Notice of Appeal, the Governor's office shall prepare a complete
copy of the entire file pertaining to the application and shall
transmit it to the Tribal Court, with a copy to the applicant. The
Pueblo, represented by the Pueblo's attorney, shall appear in the
action in the Tribal Court. The proceedings in the Tribal Court shall
be based upon the information submitted to the Governor by the licensee
and any other information obtained by the Governor in the course of
processing the application, except that the licensee shall be permitted
to submit additional evidence to rebut or explain information relied on
by the Governor for his denial of the application that was not obtained
from the licensee. The licensee may apply to the Tribal Court for an
order maintaining the license in effect during the pendency of the
appeal, but in the absence of such order, the license shall expire at
the end of its term. The Tribal Court shall affirm the Governor's
decision unless it finds that the Governor acted arbitrarily or
capriciously or otherwise abused his discretion in making his
determination.
D. Any party that is aggrieved by the decision of the Tribal Court
may petition the Tribal Council to review the Tribal Court decision, in
writing, within 30 days after issuance of the Tribal Court decision.
The petition shall set forth the specific grounds on which the
petitioner claims the Tribal Court erred in its decision, and why its
decision should be reviewed, and shall be served on the Governor and
all parties. The prevailing party may submit a response to the petition
within 15 days of service of the petition. The Governor shall place the
petition on the agenda of the next Tribal Council meeting after service
of the response (or the expiration of the 15-day period, if no response
is filed), and the Tribal Council shall, at such meeting, decide
whether to hear the petition. In the event the Tribal Council decides
to hear the petition, the Governor shall notify all parties of that
decision, and of the date on which the Tribal Council shall consider
the matter. The Governor shall provide each Tribal Council member with
a copy of the Tribal Court decision, the petition for Tribal Council
review and the response, if any, and the complete record before the
Tribal Court shall be available for inspection by any Tribal Council
member. The Tribal Council shall hear each party's representative
present its arguments, and shall decide by majority vote whether the
license should be renewed. The Tribal Council's decision shall be final
and nonreviewable.
Section 157: CONDITIONS OF LICENSE.
No licensee shall have any property interest in any license issued
under the provisions of this Liquor Code, and every such license shall
be deemed to confer a privilege, revocable by the Pueblo in accordance
with the provisions of this Chapter. The continued validity of every
package and premises license issued hereunder shall be dependent upon
the following conditions:
A. Every representation made by the licensee and any of its
officers, directors, shareholders, partners or other persons required
to submit information in support of the application, shall have been
true at the time such information was submitted, and shall continue to
be true, except to the extent the licensee advises the Liquor License
Administrator in writing of any change in any such information, and
notwithstanding any such change, the licensee shall continue to be
[[Page 54316]]
qualified to be licensed under the provisions of this Liquor Code.
B. The licensee shall at all times conduct its business on the
Santa Ana Indian Reservation in full compliance with the provisions of
this Liquor Code and with the other laws of the Pueblo.
C. The licensee shall maintain in force, public liability insurance
covering the licensed premises, insuring the licensee and the Pueblo
against any claims, losses or liability whatsoever for any acts or
omissions of the licensee or of any business invitee on the licensed
premises resulting in injury, loss or damage to any other party, with
coverage limits of at least $1 million per injured person, and the
Liquor License Administrator shall at all times have written evidence
of the continued existence of such policy of insurance.
D. The licensee shall continue to have authority to engage in
business within the Development Area, and shall have paid all required
rentals, assessments, taxes, or other payments due the Pueblo.
E. The business conducted on the licensed premises shall be
conducted by the licensee or its employees directly, and shall not be
conducted by any lessee, sublessee, assignee or other transferee, nor
shall any license or any interest therein be sold, assigned, leased or
otherwise transferred to any other person.
F. All alcoholic beverages sold on the licensed premises shall have
been obtained from a New Mexico licensed wholesaler.
G. The licensee shall submit to the jurisdiction of the Tribal
Court of the Pueblo with respect to any action brought by the Pueblo or
any of its agencies or officials to enforce the provisions of this
Liquor Code, or with respect to any action arising out of the
licensee's sale or service of alcoholic beverages on the licensed
premises.
Section 158: SANCTIONS FOR VIOLATION OF LICENSE.
A. Upon determining that any person licensed by the Pueblo to sell
alcoholic beverages under the provisions of this chapter is for any
reason no longer qualified to hold such license under the provisions of
Section 153 hereof, or has violated any of the conditions set forth in
Section 157, the Governor shall immediately serve written notice upon
such licensee directing that he show cause within ten (10) calendar
days why his license should not be suspended or revoked, or a fine
imposed. The notice shall specify the precise grounds relied upon and
the action proposed.
B. If the licensee fails to respond to such notice within ten (10)
calendar days of service of such notice, the Governor shall issue an
order suspending the license for such period as the Governor deems
appropriate, or revoking the license, effective immediately, or
imposing a fine, in such amount as the Governor deems reasonable. If
the licensee, within the 10-day period, files with the Office of the
Governor a written response and request for a hearing before the Santa
Ana Tribal Court, such hearing shall be set no later than thirty (30)
calendar days after receipt of such request.
C. At the hearing, the licensee, who may be represented by counsel,
shall present evidence and argument directed at the issue of whether or
not the asserted grounds for the proposed action are in fact true, and
whether such grounds justify such action. The Pueblo may present such
other evidence as it deems appropriate.
D. The court after considering all of the evidence and arguments
shall issue a written decision either upholding the proposed action of
the Governor, modifying such action by imposing some lesser penalty, or
ruling in favor of the licensee, and such decision shall be final and
conclusive.
Section 159: SPECIAL EVENT LICENSE.
A. Any person authorized to conduct business within the Development
Area, or any established organization (including any agency, department
or enterprise of the Pueblo) that includes any member of the Pueblo and
that has authority to conduct any activities within the Santa Ana
Indian Reservation, that is not a licensee hereunder and that has not
had an application for a license rejected, may apply to the Liquor
License Administrator for a special event license, which shall entitle
the applicant to distribute alcoholic beverages, whether or not for
consideration, in connection with a bona fide special event to be held
by the applicant within the Development Area. Any such application must
be filed in writing, in a form prescribed by the Liquor License
Administrator, no later than ten (10) calendar days prior to the event,
and must be accompanied by a fee in an amount set by the Liquor License
Administrator from time to time, and must contain at least the
following information:
1. The exact days and times during which the event will occur
(provided, that in no event shall any license be in effect for a period
exceeding 72 hours, from the beginning of the first day of the event
until the end of the last day);
2. The precise location within the Development Area where the event
will occur, and where alcoholic beverages will be distributed;
3. The nature and purpose of the event, and the identity or
categories of persons who are invited to participate;
4. The nature of any food and beverages to be distributed, and the
manner in which such distribution shall occur;
5. Details of all provisions made by the applicant for sanitation,
security and other measures to protect the health and welfare of
participants at the event;
6. Certification that the event will be covered by a policy of
public liability insurance as described in Section 157(C) of this
Liquor Code, that includes the Pueblo as a co-insured, or that the
applicant will indemnify the Pueblo and hold it harmless from any
claims, demands, liability or expense as a result of the act or
omission of any person in connection with the special event, in which
latter case the Liquor License Administrator or Governor may require a
bond to assure compliance with such indemnification provision.
7. Any other information required by the Liquor License
Administrator relative to the event.
B. The Liquor License Administrator, or the Governor, shall act to
approve or reject the application no later than three days following
submission of the application with the required fee. If the application
is approved, the Liquor License Administrator or the Governor shall
issue the license, which shall specify the hours during which and the
premises within which sales, distribution and consumption of alcoholic
beverages may occur. If any application is rejected, the rejection
shall indicate the grounds therefor, and the applicant shall be
entitled to file a new application correcting any deficiencies or
problems found in the original application that warranted the
rejection.
C. Alcoholic beverages may be sold or distributed pursuant to a
special event license only at the location and during the hours
specified in such license, in connection with the special event, only
to participants in such special event, and only for consumption on the
premises described in the license. Such sales or distribution must
comply with any conditions imposed by the license, and with all other
applicable provisions of this Liquor Code. All such alcoholic beverages
must have been obtained from a New Mexico licensed wholesaler or
retailer.
Section 160: DISPLAY OF LICENSE.
Every person licensed by the Pueblo to sell alcoholic beverages
within the Santa Ana Indian Reservation shall prominently display the
license on the licensed premises during hours of operation.
[[Page 54317]]
Subchapter Four: Offenses
Section 181: PURCHASE FROM OR SALE TO UNAUTHORIZED PERSONS.
Within the Santa Ana Indian Reservation, no person shall purchase
any alcoholic beverage at retail except from a person licensed by the
Pueblo under the provisions of this title; no person except a person
licensed by the Pueblo under the provisions of this title shall sell
any alcoholic beverage at retail; nor shall any person sell any
alcoholic beverage for resale to any person other than a person
properly licensed by the Pueblo under the provisions of this title.
Section 182: SALE TO MINORS.
A. No person shall sell or serve any alcoholic beverage to any
person under the age of 21 years.
B. It shall be a defense to an alleged violation of this Section
that the purchaser presented to the seller or server an apparently
valid identification document showing the purchaser's age to be 21
years or older, provided that the seller or server, as the case may be,
had no actual or constructive knowledge of the falsity of the
identification document, and relied in good faith on its apparent
validity.
Section 183: PURCHASE BY MINOR.
No person under the age of 21 years shall purchase, attempt to
purchase or possess any alcoholic beverage.
Section 184: SALE TO PERSON UNDER THE INFLUENCE OF ALCOHOL.
No person shall sell any alcoholic beverage to a person who the
seller has reason to believe is intoxicated or who the seller has
reason to believe intends to provide such alcoholic beverage to an
intoxicated person.
Section 185: PURCHASE BY PERSON UNDER THE INFLUENCE OF ALCOHOL.
No intoxicated person shall purchase any alcoholic beverage.
Section 186: DRINKING IN PUBLIC PLACES.
No person shall consume any alcoholic beverage in any public place
within the Santa Ana Indian Reservation except on premises licensed by
the Pueblo for the sale of alcoholic beverages by the drink.
Section 187: BRINGING LIQUOR ONTO LICENSED PREMISES.
No person shall bring any alcoholic beverage for personal
consumption onto any premises within the Santa Ana Indian Reservation
where liquor is authorized to be sold by the drink, unless such
beverage was purchased on such premises, or unless the possession or
distribution of such beverages on such premises is otherwise permitted
under the provisions of this Liquor Code.
Section 188: OPEN CONTAINERS PROHIBITED.
No person shall have an open container of any alcoholic beverage in
a public place, other than on premises licensed for the sale of
alcoholic beverages by the drink, or in any automobile, whether moving
or standing still. This Section shall not apply to empty containers
such as aluminum cans or glass bottles collected for recycling.
Section 189: USE OF FALSE OR ALTERED IDENTIFICATION.
No person shall purchase or attempt to purchase any alcoholic
beverage by the use of any false or altered identification document
that falsely purports to show the individual to be 21 years of age or
older.
Section 190: PENALTIES.
A. Any person convicted of committing any violation of this Chapter
shall be subject to punishment of up to one (1) year imprisonment or a
fine not to exceed Five Thousand Dollars ($5,000.00), or to both such
imprisonment and fine.
B. Any person not a member of the Pueblo, upon committing any
violation of any provision of this Chapter, may be subject to a civil
action for trespass, and upon having been determined by the court to
have committed the alleged violation, shall be found to have trespassed
upon the lands of the Pueblo, and shall be assessed such damages as the
court deems appropriate in the circumstances.
C. Any person suspected of having violated any provision of this
Chapter shall, in addition to any other penalty imposed hereunder, be
required to surrender any alcoholic beverages in such person's
possession to the officer making the arrest or issuing the complaint.
Section 191: JURISDICTION.
Any and all actions, whether civil or criminal, arising from or
pertaining to alleged violations of this title or any duty imposed
hereby, or seeking any relief against the Pueblo or any officer or
employee of the Pueblo with respect to any matter addressed by this
Liquor Code, shall be brought in the Tribal Court of the Pueblo, which
court shall have exclusive jurisdiction thereof. No waiver of this
provision shall be implied by any court, and no such waiver shall be
valid unless expressly set forth in a written resolution of the Tribal
Council.
[FR Doc. 2015-22628 Filed 9-8-15; 8:45 am]
BILLING CODE 4337-15-P