Albuquerque Indian School District-Liquor Control Ordinance, 61443-61447 [2015-26021]
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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[Docket No. FWS–R7–ES–2015–0141;
FXFR133707PB000–156–FF07CAMM00]
Endangered and Threatened Wildlife
and Plants; Initiation of a 5-Year
Review of the Polar Bear
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for information.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce our
intention to conduct a 5-year status
review under the Endangered Species
Act of 1973, as amended (ESA), for the
polar bear (Ursus maritimus). A 5-year
status review is based on the best
scientific and commercial data available
at the time of the review; therefore, we
are requesting submission of
information that has become available
since the last review of the species in
2008.
SUMMARY:
To ensure consideration of your
comments in our preparation of this 5year status review, we must receive your
comments and information by December
14, 2015. However, we will accept
information about any species at any
time.
DATES:
Please submit your
information on the current status of the
polar bear by one of the following
methods:
• U.S. mail or hand-delivery: Public
Comments Processing, ATTN: FWS–R7–
ES–2015–0141, U.S. Fish and Wildlife
Service, MS: BPHC, 5275 Leesburg Pike,
Falls Church, VA 22041–3803; or
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting information
to Docket No. FWS–R7–ES–2015–0141.
For more about submitting
information, see Request for Information
in the SUPPLEMENTARY INFORMATION
section, below.
FOR FURTHER INFORMATION CONTACT:
Hilary Cooley, Polar Bear Lead, Marine
Mammals Management, by telephone at
907–786–3800. Individuals who are
hearing impaired or speech impaired
may call the Federal Relay Service at
800–877–8339 for TTY assistance.
SUPPLEMENTARY INFORMATION: We are
initiating a 5-year status review under
the ESA for the polar bear (Ursus
maritimus).
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ADDRESSES:
Why do we conduct a 5-year review?
Under the ESA (16 U.S.C. 1531 et
seq.), we maintain Lists of Endangered
and Threatened Wildlife and Plants
(which we collectively refer to as the
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List) in the Code of Federal Regulations
(CFR) at 50 CFR 17.11 (for animals) and
17.12 (for plants). Section 4(c)(2)(A) of
the Act requires us to review each listed
species’ status at least once every 5
years. Further, our regulations at 50 CFR
424.21 require that we publish a notice
in the Federal Register announcing
those species under active review. For
additional information about 5-year
reviews, go to https://www.fws.gov/
endangered/what-we-do/recoveryoverview.html, scroll down to ‘‘Learn
More about 5-Year Reviews,’’ and click
on our fact sheet.
What information do we consider in
our review?
A 5-year review considers all new
information available at the time of the
review. In conducting these reviews, we
consider the best scientific and
commercial data that have become
available since the listing determination
or most recent status review, such as:
(1) The biology of the species,
including, but not limited to, population
trends, distribution, abundance,
demographics, and genetics;
(2) Habitat conditions, including, but
not limited to, amount, distribution, and
suitability;
(3) Conservation measures that have
been implemented that benefit the
species;
(4) Threat status and trends in relation
to the five listing factors (as defined in
section 4(a)(1) of the Act); and
(5) Other new information, data, or
corrections, including, but not limited
to, taxonomic or nomenclatural changes,
identification of erroneous information
contained in the List, and improved
analytical methods.
Any new information will be
considered during the 5-year review and
will also be useful in evaluating the
ongoing recovery programs for the
species.
Species Under Review
Request for Information
To ensure that a 5-year review is
complete and based on the best
available scientific and commercial
information, we request new
information from all sources. See What
Information Do We Consider in Our
Review? for specific criteria. If you
submit information, please support it
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with documentation such as maps,
bibliographic references, methods used
to gather and analyze the data, and/or
copies of any pertinent publications,
reports, or letters by knowledgeable
sources.
Public Availability of Comments
Before including your address, phone
number, email address, or other
personal identifying information in your
comments, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Completed and Active Reviews
A list of all completed and currently
active 5-year reviews addressing species
for which the Alaskan Region of the
Service has lead responsibility is
available at https://www.fws.gov/alaska/
fisheries/endangered/reviews.htm.
Authority
This document is published under the
authority of the Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et
seq.).
Dated: September 25, 2015.
Karen P. Clark,
Acting Regional Director, Alaska Region.
[FR Doc. 2015–25977 Filed 10–9–15; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/
A0A501010.999900 253G]
Albuquerque Indian School District—
Liquor Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
Entity listed: Polar bear (Ursus
maritimus).
Where listed: Wherever found.
Classification: Threatened.
Date listed (publication date for final
listing rule): May 15, 2008.
Federal Register citation for final
listing rule: 73 FR 28212.
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61443
This notice publishes the
Albuquerque Indian School District
(AISD) Liquor Control Ordinance. The
ordinance regulates and controls the
possession, sale, and consumption of
liquor within Albuquerque Indian
School (AIS) lands. The ordinance
allows for the possession and sale of
alcoholic beverages within the
jurisdiction of the Albuquerque Indian
School District, the governing entity
formed by the 19 Pueblos of New
Mexico to establish a governance
structure for Albuquerque Indian School
lands. The ordinance will increase the
SUMMARY:
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ability of the AISD to control the
distribution and possession of liquor
within its Indian country, and will
foster tribal economic development,
strengthening tribal government, and
improving the delivery of services to the
Pueblos.
DATES: This law is effective October 13,
2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Patricia Mattingly, Tribal Government
Officer, Southwest Regional Office,
Bureau of Indian Affairs, 1011 Indian
School Road, NW., Suite 254,
Albuquerque, NM 87104; Telephone:
(505) 563–3446; Fax: (505) 563–3101, or
Ms. Laurel Iron Cloud, Bureau of Indian
Affairs, Office of Indian Services, 1849
C Street, NW., MS–4513–MIB,
Washington, DC 20240; Telephone:
(202) 513–7641.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register liquor ordinances that have
been duly adopted by Tribes for the
purpose of regulating liquor transactions
in Indian country. The Albuquerque
Indian School lands are Indian country
because they are held in trust by the
Federal government for the benefit of
the 19 Pueblos. The Albuquerque Indian
School District Governing Council,
exercising by delegation from the 19
Pueblos the governing authority over the
AIS lands, duly adopted the
Albuquerque Indian School District
Liquor Control Ordinance by Resolution
No. GC2013–03 on July 24, 2013.
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 Albuquerque Indian
School District Governing Council duly
adopted the Albuquerque Indian School
District Liquor Control Ordinance by
Resolution No. GC2013–03 on July 24,
2013.
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Dated: October 5, 2015.
Kevin K. Washburn,
Assistant Secretary—Indian Affairs.
The Albuquerque Indian School District
Liquor Control Ordinance shall read as
follows:
TITLE 1. BUSINESS REGULATION
CHAPTER 1. LIQUOR CONTROL
Section 1–1–1. Definitions. As used in
this Chapter the following definitions
shall apply unless the context clearly
indicates otherwise:
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AISD court means the judicial system
for the Albuquerque Indian School
District established by the Governing
Council pursuant to Article V of the
District Charter;
beer means a beverage containing more
than one-half percent alcohol by
volume, obtained by the fermentation
of any infusion or decoction of barley,
malt and hops or other cereals in
water, and includes porter, beer, ale
and stout;
District or AISD means the Albuquerque
Indian School District, and includes
all land made subject to the
Albuquerque Indian School District
Charter;
District Manager means the District
official identified in Article VII of the
District Charter;
Governing Council means the District’s
governing body created by Article II of
the District Charter;
liquor includes beer, spirituous liquors,
wine, all combinations thereof, and
any other intoxicating beverage
containing alcohol;
minor means any person under the age
of twenty-one (21) years;
Oversight Commission means the body
created by Article VI of the District
Charter;
package means any container or
receptacle used for holding liquor for
purposes of sale or delivery to a
person;
person means an individual,
corporation, firm, partnership, limited
liability company, enterprise or other
legal entity;
public place means highways, roads,
streets, driveways, sidewalks, garages,
parking areas, stores, other shopping
areas, government buildings, schools,
churches, public meeting halls,
restaurants, theaters, lobbies and
hallways of office buildings, open
spaces, all means of public
conveyance, depots, waiting rooms,
bus stops, publicly or school-owned
parks and/or playgrounds, and any
other location that is generally open
to and used by the public, including
the grounds thereof;
purchase means any purchase,
exchange, barter, traffic, or other
receipt of liquor by any person, with
or without consideration, by any
means whatsoever;
sale means any sale, exchange, barter,
traffic, donation, distribution, serving,
or supplying of liquor by any person,
with or without consideration, by any
means whatsoever;
server permit means an alcoholic
beverage server permit issued by the
state of New Mexico pursuant to the
Alcohol Server Education Article of
the New Mexico Liquor Control Act,
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NMSA 1978 § 60–6E–1 et seq. or a
successor statute, provided that, if the
Oversight Commission adopts AISD
standards for the issuance of server
permits, server permit shall mean the
permit issued pursuant to the
Oversight Commission standards;
special event permit means a permit
authorizing the permit holder to
dispense alcoholic beverages by the
drink, excluding package sales, at the
location and during the times
specified in the permit;
spirituous liquor means distilled or
rectified spirits, potable alcohol,
brandy, whiskey, rum, gin and
aromatic bitters or any similar
alcoholic beverage, including blended
beverages, dilutions or mixtures of
one or more of the foregoing
containing more than one-half percent
alcohol, but excluding medicinal
bitters;
wine means beverages obtained by the
fermentation of the natural sugar
contained in fruit or other agricultural
products, with or without the
addition of sugar or other products,
that do not contain less than one-half
percent nor more than twenty-four
percent alcohol by volume.
Section 1–1–2. Purpose. The purpose
of this Chapter is to establish limitations
and standards for the legalization of the
introduction, sale, purchase, service,
possession, and public consumption of
liquor within the District.
Section 1–1–3. Related Federal and
State Laws.
A. For purposes of 18 U.S.C. 1161,
this Chapter shall be interpreted and
applied as constituting the liquor
ordinance adopted under the authority
of the Indian Pueblos having
jurisdiction over the District.
B. For purposes of the exemption
from the New Mexico Liquor Control
Act provided by NMSA 1978 § 60–3A–
5(D), this Chapter shall be interpreted
and applied as constituting the law of
the Indian Pueblos authorizing the sale,
service, possession or public
consumption of liquor within the
boundaries of the District, on the terms
and conditions stated in this Chapter.
Section 1–1–4. AISD Liquor License.
A. Governing Council Authorization.
Any person qualified to hold a liquor
license under this Chapter may be
authorized to engage in the wholesale
purchase, retail sale, or retail
distribution of liquor within the District
upon terms and conditions approved by
resolution of the Governing Council and
consistent with this Chapter. Any
person granted such approval will be
deemed to hold an AISD liquor license.
B. Contents of License. The license
shall specify whether the licensee is
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authorized to make package sales, sales
by the drink for consumption on the
licensed premises, or both. The license
shall specify what types of liquor the
licensee is authorized to sell and shall
identify the licensed premises within
which sales are authorized.
C. License Revocation. The Governing
Council has the authority to revoke an
AISD liquor license for any violation of
this Chapter or other law applicable to
the licensed person, including the tax
ordinances enacted by the Governing
Council.
D. Source of Liquor. The person
granted an AISD liquor license must
purchase all liquor sold within the
District from a person licensed by the
state of New Mexico to sell liquor at
wholesale.
E. Revocable Privilege. A liquor
license granted by the Governing
Council is a revocable privilege, and no
person holding a liquor license shall be
deemed to have acquired any vested
property rights in or under the license.
F. Term. Each liquor license shall be
issued or renewed for the term fixed by
the Governing Council.
G. Qualifications.
(1) An application for a liquor license
constitutes a request that the Governing
Council make a decision on the
applicant’s general suitability, character,
integrity, and ability to import, sell,
dispense, or distribute liquor within the
District in conformity with this Chapter.
(2) An applicant for a liquor license
and a person to whom a liquor license
has been granted shall at all times bear
the burden of proving its qualification to
hold a liquor license.
(3) No liquor license shall be issued
to or held by a person who has been
convicted of two or more violations of
this Chapter in a twelve month period,
or whose liquor license (issued by any
jurisdiction) has been revoked at any
time. If a person who owns ten percent
(10%) or more of the ownership
interests in the entity holding an AISD
liquor license is disqualified to hold the
liquor license under this Section 1–1–
4(G)(3), then the entity is also
disqualified to hold an AISD liquor
license.
(4) The person holding an AISD liquor
license must have the character,
integrity, financial ability, and business
skills necessary to acquire, sell,
dispense, or distribute liquor within the
District in conformity with this Chapter.
H. License Fee. The Governing
Council shall by resolution establish the
amount of the license fee required for
issuance or renewal of a liquor license
authorizing package sales and for
issuance or renewal of a liquor license
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authorizing sales by the drink on the
licensed premises.
I. Investigations. An applicant for a
liquor license and a person to whom a
liquor license has been granted shall
comply with all administrative
subpoenas issued by the District
Manager pursuant to Section 1–1–10. If
an applicant or licensee, or any
employee or principal of an applicant or
licensee, refuses or fails to comply with
a subpoena issued by the District
Manager, that person’s application or
license may be suspended, revoked, or
denied by the Governing Council, based
solely upon such failure or refusal.
J. Special Event Permit.
(1) Public Events. Any person holding
a license under this chapter authorizing
sales of liquor by the drink within the
licensed premises may dispense liquor
at a special public event located outside
of the licensed premises upon receiving
a permit from the Oversight
Commission with the concurrence of the
Chairman and Vice Chairman of the
Governing Council of the District and
upon the payment of the permit fee
fixed by the Oversight Commission. As
used in this subsection, ‘‘special public
event’’ includes any fair, cultural or
artistic performance, athletic
competition of a seasonal nature, or
other event held on an intermittent
basis. The permit shall be valid for no
longer than the duration of the special
public event.
(2) Private Events. Any person
holding a license under this chapter
authorizing sales of liquor by the drink
within the licensed premises may
dispense liquor at a private event
located outside of the licensed premises
and catered by the licensee upon
receiving a permit from the Oversight
Commission with the concurrence of the
Chairman and Vice Chairman of the
Governing Council of the District and
upon the payment of the permit fee
fixed by the Oversight Commission. The
permit shall be valid for no more than
twelve hours.
(3) The person holding a license to
sell liquor by the drink and its
employees shall be the only persons
permitted to dispense liquor during the
function for which the special event
permit was issued.
(4) Issuance of the special event
permit is within the discretion of the
Oversight Commission.
(5) The special event permit shall
identify the location where the special
event will take place, the hours and
days during which the permit is in
effect, and the types of liquor that may
be dispensed under authority of the
permit. The permit shall not authorize
package sales of liquor.
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61445
(6) The permittee shall be subject to
all District laws and regulations
regulating the sale of liquor by the
drink.
Section 1–1–5. Server Permit.
A. Servers. Every person directly
involved in selling, dispensing, or
serving liquor within the District shall
have a current and valid server permit
in his/her possession when engaged in
such activity.
B. Retailers. Any person authorized
by this Chapter to sell liquor within the
District shall not employ or engage any
person to sell, dispense or serve liquor
within the District unless that person
holds a current and valid server permit.
C. Standards. The Oversight
Commission is authorized, but not
required, to establish District standards
and requirements under this Chapter for
obtaining and retaining a server permit;
provided that any such standards and
requirements shall be at least as
stringent as the requirements applicable
outside the District imposed by the
Alcohol Server Education Article of the
New Mexico Liquor Control Act, NMSA
1978 § 60–6E–1 et seq. or a successor
statute.
Section 1–1–6. Right to Require Proof
of Age; Right to Refuse Sale.
A. Proof of Age. Any person
authorized by this Chapter to sell liquor
within the District shall have the
authority to require any person
purchasing or desiring to purchase
liquor to produce proper evidence of age
and identity before making any sale of
liquor to such person.
B. Refusing to Sell. Any person
authorized by this Chapter to sell liquor
within the District shall have the
authority to refuse to sell liquor to any
person who is unable to produce proof
of age and identity.
Section 1–1–7. Liability Insurance.
A. General Public Liability. Any
person authorized by this Chapter to sell
liquor within the District shall obtain
general public liability insurance in an
amount not less than one million dollars
($1,000,000) per occurrence, or such
higher amount set by resolution of the
Governing Council.
B. Dram Shop Liability. If the
Governing Council, the AISD court, or
another court with jurisdiction to do so
imposes dram shop liability on a person
authorized to engage in the sale of
liquor within the District, the licensed
person shall obtain insurance adequate
to cover such liability, in such amount
set by resolution of the Governing
Council.
Section 1–1–8. Terms and Conditions
of Sales.
A. Election Day. Sale of liquor is
allowed on any state or federal Election
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Day only to the same extent allowed by
state and municipal law within the
boundaries of the City of Albuquerque.
B. Hours for Sales for Consumption
on Licensed Premises. Liquor shall be
sold by the drink, served, and consumed
on the licensed premises only during
the same hours and days allowed by the
laws of the State of New Mexico and the
City of Albuquerque in effect from time
to time.
C. Hours for Package Sales. Liquor
shall be sold in unbroken packages, for
consumption off the licensed premises
and not for resale, only during the same
hours and days allowed by the laws of
the State of New Mexico and the City of
Albuquerque in effect from time to time.
D. Cash Sales. All sales of liquor shall
be for cash, check, money order, debit
card, or credit card, and no credit shall
otherwise be extended to any person for
the purchase price of liquor.
E. Sales for Personal Use; Resale
Prohibited. All sales of liquor
authorized by this Chapter shall be
retail sales for the personal use of the
purchaser and shall not be for the
purpose of resale, whether or not the
resale is for profit or in the original
container.
F. Licensed Premises. All sales of
liquor authorized by this Chapter shall
take place only within the licensed
premises identified in the seller’s liquor
license or any applicable special event
permit.
G. Participation by Minors Prohibited.
All handling, stocking, possession, and
sale of liquor shall be conducted only by
persons twenty-one (21) years of age or
older. Proof of age must be shown by a
current and valid government-issued
driver’s license or other governmentissued form of identification that
contains birth date and photo of the
holder of the license or identification.
H. Compliance with Section 9. All
liquor sales shall be conducted in strict
compliance with Section 1–1–9.
I. No Public Nuisance. All liquor sales
shall be conducted in a manner that
prevents the creation of a public
nuisance on or near the licensed
premises.
Section 1–1–9. Civil Offenses. The
following conduct is prohibited within
the District:
A. Sales to Minors. No person shall
sell any liquor to any person under the
age of twenty-one (21) years.
B. Purchase or Possession by Minors.
No person under the age of twenty-one
(21) years shall purchase, attempt to
purchase, possess, or consume any
liquor.
C. Unauthorized Sale. No person shall
sell any liquor except under the
authority of, and in conformity with all
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requirements of, a current and valid
AISD liquor license and any applicable
special event permit.
D. Unauthorized Purchase. No person
shall knowingly purchase any liquor
from a person who is not authorized to
sell the liquor pursuant to a current and
valid AISD liquor license.
E. Sale Outside Licensed Premises. No
person selling liquor under the
authority of a current and valid AISD
liquor license or special event permit
shall sell any liquor outside the
boundaries of the premises identified in
the liquor license or the applicable
permit.
F. Sale to Intoxicated Person. No
person selling liquor under the
authority of a current and valid AISD
liquor license shall sell any liquor to
any person who the seller has reason to
believe is intoxicated.
G. Sale for Resale. No person selling
liquor under the authority of a current
and valid AISD liquor license shall sell
liquor with knowledge that the liquor
will be resold, either within or outside
the District.
H. Purchase for Resale. No person
shall purchase liquor with the intention
of reselling the liquor, within or outside
the District.
I. Drinking in Public Places. No
person shall drink any liquor in a public
place that is not part of the licensed
premises under a current and valid
AISD liquor license or special event
permit.
J. Open Containers Prohibited. No
person shall have an open container of
liquor in a public place that is not part
of the licensed premises under a current
and valid AISD liquor license or special
event permit; or shall possess an open
container of liquor in or on a vehicle.
K. False Identification. No person
shall attempt to purchase liquor through
the use of false or altered identification
which falsely purports to show the
individual to be over the age of twentyone (21) years.
L. Drinking on Premises of Package
Store. No person shall consume liquor
on the licensed premises of a facility
that is authorized only to sell liquor for
consumption off the licensed premises.
Section 1–1–10. Administration.
A. District Manager. The District
Manager is hereby granted
administrative authority to perform the
following actions relating to liquor
licenses and special event permits
issued under the authority of this
Chapter, subject to review by the
Oversight Commission:
(1) investigate applicants for a liquor
license or permit and holders of a liquor
license or permit to ensure their
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eligibility to obtain or hold a liquor
license or permit, as applicable,
(2) impose civil penalties under
Section 1–1–11,
(3) issue written demands to comply
with this Chapter or any requirement of
a liquor license or permit,
(4) issue administrative subpoenas
requiring the production of relevant
records, books, information, evidence or
other documents and/or the presence
and testimony of any person relating to
any matter under consideration or
investigation by the District Manager
under this Section 1–1–10,
(5) suspend a liquor license for up to
forty-five (45) days for any violation of
this Chapter,
(6) perform such other actions that are
reasonably necessary and proper to
carry out the authority granted by this
Section 1–1–10.
B. Oversight Commission. A person
adversely affected by an act or failure to
act of the District Manager in the
administration of this Chapter,
including suspension of a liquor license,
may seek review of the District
Manager’s conduct by the Oversight
Commission, pursuant to procedural
rules adopted by the Oversight
Commission. The Oversight
Commission may affirm, reverse, or
modify the action of the District
Manager.
C. Governing Council. A person
adversely affected by a decision of the
Oversight Commission may appeal that
action to the Governing Council;
provided that a written notice of appeal
must be filed with the Secretary of the
Governing Council within ten (10)
business days of the action being
appealed. The Governing Council shall
review the appeal based on the
administrative record and may conduct
such further hearings or other
proceedings as it deems appropriate.
The decision of the Governing Council
is final and is not subject to review by
any court or other body.
Section 1–1–11. Penalties.
A. Civil Penalty. Any person who
knowingly violates any provision of this
Chapter shall be subject to a civil
assessment of not less than five hundred
dollars ($500) and not more than ten
thousand dollars ($10,000) for each
violation.
B. Criminal Prosecution. The
imposition of civil penalties under this
Chapter shall not bar prosecution and
conviction of a person who violates any
criminal law applicable within the
District.
Section 1–1–12. Sovereign Immunity
Reserved. Nothing in this Chapter shall
be construed as a waiver of the
sovereign immunity of the District.
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Federal Register / Vol. 80, No. 197 / Tuesday, October 13, 2015 / Notices
Section 1–1–13. Amendments. This
Chapter may be amended by the
Governing Council, subject to approval
by the Secretary of the Interior or the
Secretary’s designee.
Section 1–1–14. Effective Date. This
Chapter shall be in effect upon the date
of publication in the Federal Register by
the Secretary of the Interior or the
Secretary’s designee.
Mail: U.S. Department of the Interior,
Bureau of Land Management, 1849 C
Street NW., Room 2134LM, Attention:
Jean Sonneman, Washington, DC 20240.
Fax: to Jean Sonneman at 202–245–
0050.
Electronic mail: jesonnem@blm.gov.
Please indicate ‘‘Attn: 1004–0058’’
regardless of the form of your
comments.
[FR Doc. 2015–26021 Filed 10–9–15; 08:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 4337–15–P
Michael Bechdolt at 202–912–7234.
Persons who use a telecommunication
device for the deaf may call the Federal
Information Relay Service at 1–800–
877–8339, to leave a message for Mr.
Bechdolt.
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLWO220000 L63100000.PH0000 16X]
OMB
regulations at 5 CFR part 1320, which
implement provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501–3521,
require that interested members of the
public and affected agencies be given an
opportunity to comment on information
collection and recordkeeping activities
(see 5 CFR 1320.8 (d) and 1320.12(a)).
This notice identifies an information
collection that the BLM plans to submit
to OMB for approval. The Paperwork
Reduction Act provides that an agency
may not conduct or sponsor a collection
of information unless it displays a
currently valid OMB control number.
Until OMB approves a collection of
information, you are not obligated to
respond.
The BLM will request a 3-year term of
approval for this information collection
activity. Comments are invited on: (1)
The need for the collection of
information for the performance of the
functions of the agency; (2) the accuracy
of the agency’s burden estimates; (3)
SUPPLEMENTARY INFORMATION:
Renewal of Approved Information
Collection; Control Number 1004–0058
Bureau of Land Management,
Interior.
ACTION: 60-Day notice and request for
comments.
AGENCY:
In compliance with the
Paperwork Reduction Act, the Bureau of
Land Management (BLM) invites public
comments on, and plans to request
approval to continue, the collection of
information that enables the BLM to
monitor compliance with timber export
restrictions. The Office of Management
and Budget (OMB) has assigned control
number 1004–0058 to this information
collection.
DATES: Please submit comments on the
proposed information collection by
December 14, 2015.
ADDRESSES: Comments may be
submitted by mail, fax, or electronic
mail.
SUMMARY:
ways to enhance the quality, utility and
clarity of the information collection; and
(4) ways to minimize the information
collection burden on respondents, such
as use of automated means of collection
of the information. A summary of the
public comments will accompany our
submission of the information collection
requests to OMB.
Before including your address, phone
number, email address, or other
personal identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you can ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
The following information pertains to
this request:
Title: Timber Export Reporting and
Substitution Determination (43 CFR part
5420)
OMB Control Number: 1004–0058.
Summary: This collection of
information collection pertains to
compliance of Federal timber purchases
with timber export restrictions.
Frequency of Collection: On occasion.
Forms:
• 5450–17, Export Determination; and
• 5460–17, Substitution Determination.
Description of Respondents:
Purchasers of Federal timber.
Estimated Annual Responses: 2.
Estimated Annual Burden Hours: 2.
The estimated burdens are itemized in
the following table:
Type of response
Number of
responses
Time per
response
(hour)
Total hours
(Column B ×
Column C)
A.
B.
C.
D.
Form 5450–17 Export Determination ..........................................................................................
Form 5460–17 Substitution Determination ..................................................................................
1
1
1 hour
1 hour
1
1
Totals ....................................................................................................................................
2
........................
2
Jean Sonneman,
Bureau of Land Management, Information
Collection Clearance Officer.
mstockstill on DSK4VPTVN1PROD with NOTICES
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[Federal Register Volume 80, Number 197 (Tuesday, October 13, 2015)]
[Notices]
[Pages 61443-61447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-26021]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[156A2100DD/AAKC001030/A0A501010.999900 253G]
Albuquerque Indian School District--Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Albuquerque Indian School District
(AISD) Liquor Control Ordinance. The ordinance regulates and controls
the possession, sale, and consumption of liquor within Albuquerque
Indian School (AIS) lands. The ordinance allows for the possession and
sale of alcoholic beverages within the jurisdiction of the Albuquerque
Indian School District, the governing entity formed by the 19 Pueblos
of New Mexico to establish a governance structure for Albuquerque
Indian School lands. The ordinance will increase the
[[Page 61444]]
ability of the AISD to control the distribution and possession of
liquor within its Indian country, and will foster tribal economic
development, strengthening tribal government, and improving the
delivery of services to the Pueblos.
DATES: This law is effective October 13, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Mattingly, Tribal
Government Officer, Southwest Regional Office, Bureau of Indian
Affairs, 1011 Indian School Road, NW., Suite 254, Albuquerque, NM
87104; Telephone: (505) 563-3446; Fax: (505) 563-3101, or Ms. Laurel
Iron Cloud, Bureau of Indian Affairs, Office of Indian Services, 1849 C
Street, NW., MS-4513-MIB, Washington, DC 20240; Telephone: (202) 513-
7641.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register liquor
ordinances that have been duly adopted by Tribes for the purpose of
regulating liquor transactions in Indian country. The Albuquerque
Indian School lands are Indian country because they are held in trust
by the Federal government for the benefit of the 19 Pueblos. The
Albuquerque Indian School District Governing Council, exercising by
delegation from the 19 Pueblos the governing authority over the AIS
lands, duly adopted the Albuquerque Indian School District Liquor
Control Ordinance by Resolution No. GC2013-03 on July 24, 2013.
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 Albuquerque Indian School District
Governing Council duly adopted the Albuquerque Indian School District
Liquor Control Ordinance by Resolution No. GC2013-03 on July 24, 2013.
Dated: October 5, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
The Albuquerque Indian School District Liquor Control Ordinance shall
read as follows:
TITLE 1. BUSINESS REGULATION
CHAPTER 1. LIQUOR CONTROL
Section 1-1-1. Definitions. As used in this Chapter the following
definitions shall apply unless the context clearly indicates otherwise:
AISD court means the judicial system for the Albuquerque Indian School
District established by the Governing Council pursuant to Article V of
the District Charter;
beer means a beverage containing more than one-half percent alcohol by
volume, obtained by the fermentation of any infusion or decoction of
barley, malt and hops or other cereals in water, and includes porter,
beer, ale and stout;
District or AISD means the Albuquerque Indian School District, and
includes all land made subject to the Albuquerque Indian School
District Charter;
District Manager means the District official identified in Article VII
of the District Charter;
Governing Council means the District's governing body created by
Article II of the District Charter;
liquor includes beer, spirituous liquors, wine, all combinations
thereof, and any other intoxicating beverage containing alcohol;
minor means any person under the age of twenty-one (21) years;
Oversight Commission means the body created by Article VI of the
District Charter;
package means any container or receptacle used for holding liquor for
purposes of sale or delivery to a person;
person means an individual, corporation, firm, partnership, limited
liability company, enterprise or other legal entity;
public place means highways, roads, streets, driveways, sidewalks,
garages, parking areas, stores, other shopping areas, government
buildings, schools, churches, public meeting halls, restaurants,
theaters, lobbies and hallways of office buildings, open spaces, all
means of public conveyance, depots, waiting rooms, bus stops, publicly
or school-owned parks and/or playgrounds, and any other location that
is generally open to and used by the public, including the grounds
thereof;
purchase means any purchase, exchange, barter, traffic, or other
receipt of liquor by any person, with or without consideration, by any
means whatsoever;
sale means any sale, exchange, barter, traffic, donation, distribution,
serving, or supplying of liquor by any person, with or without
consideration, by any means whatsoever;
server permit means an alcoholic beverage server permit issued by the
state of New Mexico pursuant to the Alcohol Server Education Article of
the New Mexico Liquor Control Act, NMSA 1978 Sec. 60-6E-1 et seq. or a
successor statute, provided that, if the Oversight Commission adopts
AISD standards for the issuance of server permits, server permit shall
mean the permit issued pursuant to the Oversight Commission standards;
special event permit means a permit authorizing the permit holder to
dispense alcoholic beverages by the drink, excluding package sales, at
the location and during the times specified in the permit;
spirituous liquor means distilled or rectified spirits, potable
alcohol, brandy, whiskey, rum, gin and aromatic bitters or any similar
alcoholic beverage, including blended beverages, dilutions or mixtures
of one or more of the foregoing containing more than one-half percent
alcohol, but excluding medicinal bitters;
wine means beverages obtained by the fermentation of the natural sugar
contained in fruit or other agricultural products, with or without the
addition of sugar or other products, that do not contain less than one-
half percent nor more than twenty-four percent alcohol by volume.
Section 1-1-2. Purpose. The purpose of this Chapter is to establish
limitations and standards for the legalization of the introduction,
sale, purchase, service, possession, and public consumption of liquor
within the District.
Section 1-1-3. Related Federal and State Laws.
A. For purposes of 18 U.S.C. 1161, this Chapter shall be
interpreted and applied as constituting the liquor ordinance adopted
under the authority of the Indian Pueblos having jurisdiction over the
District.
B. For purposes of the exemption from the New Mexico Liquor Control
Act provided by NMSA 1978 Sec. 60-3A-5(D), this Chapter shall be
interpreted and applied as constituting the law of the Indian Pueblos
authorizing the sale, service, possession or public consumption of
liquor within the boundaries of the District, on the terms and
conditions stated in this Chapter.
Section 1-1-4. AISD Liquor License.
A. Governing Council Authorization. Any person qualified to hold a
liquor license under this Chapter may be authorized to engage in the
wholesale purchase, retail sale, or retail distribution of liquor
within the District upon terms and conditions approved by resolution of
the Governing Council and consistent with this Chapter. Any person
granted such approval will be deemed to hold an AISD liquor license.
B. Contents of License. The license shall specify whether the
licensee is
[[Page 61445]]
authorized to make package sales, sales by the drink for consumption on
the licensed premises, or both. The license shall specify what types of
liquor the licensee is authorized to sell and shall identify the
licensed premises within which sales are authorized.
C. License Revocation. The Governing Council has the authority to
revoke an AISD liquor license for any violation of this Chapter or
other law applicable to the licensed person, including the tax
ordinances enacted by the Governing Council.
D. Source of Liquor. The person granted an AISD liquor license must
purchase all liquor sold within the District from a person licensed by
the state of New Mexico to sell liquor at wholesale.
E. Revocable Privilege. A liquor license granted by the Governing
Council is a revocable privilege, and no person holding a liquor
license shall be deemed to have acquired any vested property rights in
or under the license.
F. Term. Each liquor license shall be issued or renewed for the
term fixed by the Governing Council.
G. Qualifications.
(1) An application for a liquor license constitutes a request that
the Governing Council make a decision on the applicant's general
suitability, character, integrity, and ability to import, sell,
dispense, or distribute liquor within the District in conformity with
this Chapter.
(2) An applicant for a liquor license and a person to whom a liquor
license has been granted shall at all times bear the burden of proving
its qualification to hold a liquor license.
(3) No liquor license shall be issued to or held by a person who
has been convicted of two or more violations of this Chapter in a
twelve month period, or whose liquor license (issued by any
jurisdiction) has been revoked at any time. If a person who owns ten
percent (10%) or more of the ownership interests in the entity holding
an AISD liquor license is disqualified to hold the liquor license under
this Section 1-1-4(G)(3), then the entity is also disqualified to hold
an AISD liquor license.
(4) The person holding an AISD liquor license must have the
character, integrity, financial ability, and business skills necessary
to acquire, sell, dispense, or distribute liquor within the District in
conformity with this Chapter.
H. License Fee. The Governing Council shall by resolution establish
the amount of the license fee required for issuance or renewal of a
liquor license authorizing package sales and for issuance or renewal of
a liquor license authorizing sales by the drink on the licensed
premises.
I. Investigations. An applicant for a liquor license and a person
to whom a liquor license has been granted shall comply with all
administrative subpoenas issued by the District Manager pursuant to
Section 1-1-10. If an applicant or licensee, or any employee or
principal of an applicant or licensee, refuses or fails to comply with
a subpoena issued by the District Manager, that person's application or
license may be suspended, revoked, or denied by the Governing Council,
based solely upon such failure or refusal.
J. Special Event Permit.
(1) Public Events. Any person holding a license under this chapter
authorizing sales of liquor by the drink within the licensed premises
may dispense liquor at a special public event located outside of the
licensed premises upon receiving a permit from the Oversight Commission
with the concurrence of the Chairman and Vice Chairman of the Governing
Council of the District and upon the payment of the permit fee fixed by
the Oversight Commission. As used in this subsection, ``special public
event'' includes any fair, cultural or artistic performance, athletic
competition of a seasonal nature, or other event held on an
intermittent basis. The permit shall be valid for no longer than the
duration of the special public event.
(2) Private Events. Any person holding a license under this chapter
authorizing sales of liquor by the drink within the licensed premises
may dispense liquor at a private event located outside of the licensed
premises and catered by the licensee upon receiving a permit from the
Oversight Commission with the concurrence of the Chairman and Vice
Chairman of the Governing Council of the District and upon the payment
of the permit fee fixed by the Oversight Commission. The permit shall
be valid for no more than twelve hours.
(3) The person holding a license to sell liquor by the drink and
its employees shall be the only persons permitted to dispense liquor
during the function for which the special event permit was issued.
(4) Issuance of the special event permit is within the discretion
of the Oversight Commission.
(5) The special event permit shall identify the location where the
special event will take place, the hours and days during which the
permit is in effect, and the types of liquor that may be dispensed
under authority of the permit. The permit shall not authorize package
sales of liquor.
(6) The permittee shall be subject to all District laws and
regulations regulating the sale of liquor by the drink.
Section 1-1-5. Server Permit.
A. Servers. Every person directly involved in selling, dispensing,
or serving liquor within the District shall have a current and valid
server permit in his/her possession when engaged in such activity.
B. Retailers. Any person authorized by this Chapter to sell liquor
within the District shall not employ or engage any person to sell,
dispense or serve liquor within the District unless that person holds a
current and valid server permit.
C. Standards. The Oversight Commission is authorized, but not
required, to establish District standards and requirements under this
Chapter for obtaining and retaining a server permit; provided that any
such standards and requirements shall be at least as stringent as the
requirements applicable outside the District imposed by the Alcohol
Server Education Article of the New Mexico Liquor Control Act, NMSA
1978 Sec. 60-6E-1 et seq. or a successor statute.
Section 1-1-6. Right to Require Proof of Age; Right to Refuse Sale.
A. Proof of Age. Any person authorized by this Chapter to sell
liquor within the District shall have the authority to require any
person purchasing or desiring to purchase liquor to produce proper
evidence of age and identity before making any sale of liquor to such
person.
B. Refusing to Sell. Any person authorized by this Chapter to sell
liquor within the District shall have the authority to refuse to sell
liquor to any person who is unable to produce proof of age and
identity.
Section 1-1-7. Liability Insurance.
A. General Public Liability. Any person authorized by this Chapter
to sell liquor within the District shall obtain general public
liability insurance in an amount not less than one million dollars
($1,000,000) per occurrence, or such higher amount set by resolution of
the Governing Council.
B. Dram Shop Liability. If the Governing Council, the AISD court,
or another court with jurisdiction to do so imposes dram shop liability
on a person authorized to engage in the sale of liquor within the
District, the licensed person shall obtain insurance adequate to cover
such liability, in such amount set by resolution of the Governing
Council.
Section 1-1-8. Terms and Conditions of Sales.
A. Election Day. Sale of liquor is allowed on any state or federal
Election
[[Page 61446]]
Day only to the same extent allowed by state and municipal law within
the boundaries of the City of Albuquerque.
B. Hours for Sales for Consumption on Licensed Premises. Liquor
shall be sold by the drink, served, and consumed on the licensed
premises only during the same hours and days allowed by the laws of the
State of New Mexico and the City of Albuquerque in effect from time to
time.
C. Hours for Package Sales. Liquor shall be sold in unbroken
packages, for consumption off the licensed premises and not for resale,
only during the same hours and days allowed by the laws of the State of
New Mexico and the City of Albuquerque in effect from time to time.
D. Cash Sales. All sales of liquor shall be for cash, check, money
order, debit card, or credit card, and no credit shall otherwise be
extended to any person for the purchase price of liquor.
E. Sales for Personal Use; Resale Prohibited. All sales of liquor
authorized by this Chapter shall be retail sales for the personal use
of the purchaser and shall not be for the purpose of resale, whether or
not the resale is for profit or in the original container.
F. Licensed Premises. All sales of liquor authorized by this
Chapter shall take place only within the licensed premises identified
in the seller's liquor license or any applicable special event permit.
G. Participation by Minors Prohibited. All handling, stocking,
possession, and sale of liquor shall be conducted only by persons
twenty-one (21) years of age or older. Proof of age must be shown by a
current and valid government-issued driver's license or other
government-issued form of identification that contains birth date and
photo of the holder of the license or identification.
H. Compliance with Section 9. All liquor sales shall be conducted
in strict compliance with Section 1-1-9.
I. No Public Nuisance. All liquor sales shall be conducted in a
manner that prevents the creation of a public nuisance on or near the
licensed premises.
Section 1-1-9. Civil Offenses. The following conduct is prohibited
within the District:
A. Sales to Minors. No person shall sell any liquor to any person
under the age of twenty-one (21) years.
B. Purchase or Possession by Minors. No person under the age of
twenty-one (21) years shall purchase, attempt to purchase, possess, or
consume any liquor.
C. Unauthorized Sale. No person shall sell any liquor except under
the authority of, and in conformity with all requirements of, a current
and valid AISD liquor license and any applicable special event permit.
D. Unauthorized Purchase. No person shall knowingly purchase any
liquor from a person who is not authorized to sell the liquor pursuant
to a current and valid AISD liquor license.
E. Sale Outside Licensed Premises. No person selling liquor under
the authority of a current and valid AISD liquor license or special
event permit shall sell any liquor outside the boundaries of the
premises identified in the liquor license or the applicable permit.
F. Sale to Intoxicated Person. No person selling liquor under the
authority of a current and valid AISD liquor license shall sell any
liquor to any person who the seller has reason to believe is
intoxicated.
G. Sale for Resale. No person selling liquor under the authority of
a current and valid AISD liquor license shall sell liquor with
knowledge that the liquor will be resold, either within or outside the
District.
H. Purchase for Resale. No person shall purchase liquor with the
intention of reselling the liquor, within or outside the District.
I. Drinking in Public Places. No person shall drink any liquor in a
public place that is not part of the licensed premises under a current
and valid AISD liquor license or special event permit.
J. Open Containers Prohibited. No person shall have an open
container of liquor in a public place that is not part of the licensed
premises under a current and valid AISD liquor license or special event
permit; or shall possess an open container of liquor in or on a
vehicle.
K. False Identification. No person shall attempt to purchase liquor
through the use of false or altered identification which falsely
purports to show the individual to be over the age of twenty-one (21)
years.
L. Drinking on Premises of Package Store. No person shall consume
liquor on the licensed premises of a facility that is authorized only
to sell liquor for consumption off the licensed premises.
Section 1-1-10. Administration.
A. District Manager. The District Manager is hereby granted
administrative authority to perform the following actions relating to
liquor licenses and special event permits issued under the authority of
this Chapter, subject to review by the Oversight Commission:
(1) investigate applicants for a liquor license or permit and
holders of a liquor license or permit to ensure their eligibility to
obtain or hold a liquor license or permit, as applicable,
(2) impose civil penalties under Section 1-1-11,
(3) issue written demands to comply with this Chapter or any
requirement of a liquor license or permit,
(4) issue administrative subpoenas requiring the production of
relevant records, books, information, evidence or other documents and/
or the presence and testimony of any person relating to any matter
under consideration or investigation by the District Manager under this
Section 1-1-10,
(5) suspend a liquor license for up to forty-five (45) days for any
violation of this Chapter,
(6) perform such other actions that are reasonably necessary and
proper to carry out the authority granted by this Section 1-1-10.
B. Oversight Commission. A person adversely affected by an act or
failure to act of the District Manager in the administration of this
Chapter, including suspension of a liquor license, may seek review of
the District Manager's conduct by the Oversight Commission, pursuant to
procedural rules adopted by the Oversight Commission. The Oversight
Commission may affirm, reverse, or modify the action of the District
Manager.
C. Governing Council. A person adversely affected by a decision of
the Oversight Commission may appeal that action to the Governing
Council; provided that a written notice of appeal must be filed with
the Secretary of the Governing Council within ten (10) business days of
the action being appealed. The Governing Council shall review the
appeal based on the administrative record and may conduct such further
hearings or other proceedings as it deems appropriate. The decision of
the Governing Council is final and is not subject to review by any
court or other body.
Section 1-1-11. Penalties.
A. Civil Penalty. Any person who knowingly violates any provision
of this Chapter shall be subject to a civil assessment of not less than
five hundred dollars ($500) and not more than ten thousand dollars
($10,000) for each violation.
B. Criminal Prosecution. The imposition of civil penalties under
this Chapter shall not bar prosecution and conviction of a person who
violates any criminal law applicable within the District.
Section 1-1-12. Sovereign Immunity Reserved. Nothing in this
Chapter shall be construed as a waiver of the sovereign immunity of the
District.
[[Page 61447]]
Section 1-1-13. Amendments. This Chapter may be amended by the
Governing Council, subject to approval by the Secretary of the Interior
or the Secretary's designee.
Section 1-1-14. Effective Date. This Chapter shall be in effect
upon the date of publication in the Federal Register by the Secretary
of the Interior or the Secretary's designee.
[FR Doc. 2015-26021 Filed 10-9-15; 08:45 am]
BILLING CODE 4337-15-P
