[Federal Register Volume 64, Number 89 (Monday, May 10, 1999)]
[Notices]
[Pages 25059-25061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-11594]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Taos Liquor Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This Notice is published in accordance with authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8, and in accordance with the Act of August 
15, 1953, 67 Stat. 586, 18 U.S.C. 1161. I certify that Resolution No. 
99-04, enacting the Liquor Ordinance of the Pueblo of Taos was duly 
adopted by the Pueblo of Taos on February 25, 1999. The Ordinance 
provides for the regulation of the activities of the regulation, 
manufacture, distribution, possession, sale, and consumption of liquor 
on the Pueblo of Taos lands under the jurisdiction of the Pueblo of 
Taos, the provisions for criminal jurisdiction to be exercised in 
accordance with applicable Federal case law, statutes, and regulations.

DATES: This Ordinance is effective as of May 10, 1999.

FOR FURTHER INFORMATION CONTACT: Jim D. James, Division of Tribal 
Government Services, 1849 C Street, NW, MS 4631-MIB, Washington, DC 
20240-4001; telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: The Liquor Ordinance of the Pueblo of Taos 
is to read as follows:

Taos Pueblo Liquor Ordinance

Section 1. Introduction

    A. Title. The title of this ordinance shall be the Taos Pueblo 
Liquor Ordinance.
    B. Authority. This Ordinance is enacted in accordance with the 
inherent governmental powers of the Taos Pueblo, whose traditional law

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empowers its Tribal Council to enact ordinances. This Ordinance is in 
conformance with the laws of New Mexico, as required in 18 U.S.C. 1161.

Section 2. Definitions

    A. ``Alcoholic beverage'' or ``Liquor'' includes the four varieties 
of liquor commonly referred to as alcohol, spirits, wine, and beer, and 
all fermented, spirituous, vinous or malt liquor, or combinations 
thereof, and mixed liquor, a part of which is fermented, spirituous, 
vinous, or malt liquor, or 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.
    B. ``Governor'' means the Governor of the Taos Pueblo or his 
designee.
    C. ``Licensed Establishment'' means a location on Taos Pueblo Lands 
designated by the Taos Pueblo Tribal Council as a licensed 
establishment for the purpose of selling alcoholic beverages. 
Designation by the Tribal Council must show the location of the land 
and building of the establishment, by map and general description.
    D. ``Minor'' means any person under the age of twenty-one (21) 
years.
    E. ``Person'' means a natural person, corporation, firm, 
partnership, joint venture, association, or other entity, including, 
but not limited to, the Pueblo and an agency of the Pueblo.
    F. ``Pueblo'' means the Taos Pueblo, a federally-recognized tribe 
of Indians, located within the exterior boundaries of the State of New 
Mexico.
    G. ``Taos Pueblo Lands'' means lands owned by the Pueblo within the 
exterior boundaries of Taos Pueblo's Grant, its Tenorio Tract, Karavas 
Tract, or Tracts A, B, or C, including any lands which may in the 
future lawfully come within the ownership and jurisdiction of the 
Pueblo.

Section 3. Purposes

A. Tribal Council Control of Location of Sales
    Taos Pueblo has decided to open certain limited locations within 
its jurisdiction to the possession, consumption and sale of alcoholic 
beverages by enacting this Ordinance adopted pursuant to 18 U.S.C. 
1161. The locations which are open to the sale, possession, and 
consumption of alcoholic beverages shall be only commercial 
establishments in which the Pueblo owns a controlling interest, which 
are located on Taos Pueblo Lands and which are Licensed Establishments. 
No licensed establishment shall be located closer than 500 feet from 
any church, school, or military installation. A licensed establishment 
will be specifically designated so as to permit sales either by the 
package or by the drink, provided that any convenience store shall be 
open only to sale and possession, but not consumption, of alcoholic 
beverages.
B. Control of Sales and Distribution; Provision of Tribal Revenue
    This Ordinance shall govern all sales and distribution of alcoholic 
beverages on Taos Pueblo Lands and will allow the licensing of liquor 
establishments and the granting of liquor permits to persons to provide 
an additional source of revenue for tribal operations.
C. Goals of Regulation
    Pueblo regulation of the sale, possession, and consumption of 
liquor on Taos Pueblo Lands is necessary to protect the health, 
security, and general welfare of the Pueblo, and to address tribal 
concerns relating to alcohol use. To further these goals and provide an 
additional source of governmental revenue, the Pueblo has adopted this 
Ordinance, which shall be liberally construed to fulfill the purposes 
for which it has been adopted.

Section 4. Sales, Purchases, Distribution, Possession, Consumption

A. Authorization
    Persons are hereby authorized to introduce, sell, dispense, 
purchase, distribute, warehouse, possess and consume alcoholic 
beverages at Licensed Establishments on Taos Pueblo Lands in accordance 
with the laws of the State of New Mexico, provided, however, that any 
person who sells alcoholic beverages on Taos Pueblo Lands must first 
obtain a tribal liquor permit from the Tribal Council or be employed by 
the holder of such a permit.
B. Tribal Liquor Licenses for Establishments
    Each tribal liquor license for an establishment shall set forth the 
location and description of the building and premises for which the 
license is issued and shall define by map and general description the 
area of the Licensed Establishment within which the holder of a tribal 
liquor permit may sell alcoholic beverages.
C. Tribal Liquor Permits
    1. In General. A tribal liquor permit shall authorize the holder 
thereof and its employees to sell alcoholic beverages at retail in 
cans, bottles or any other package for one year within a strictly 
defined area which shall be the Licensed Establishment; provided, 
however, that a tribal liquor permit shall be valid only if the holder 
thereof and its employees who sell, serve or dispense liquor are in 
compliance with the laws of any other jurisdiction which may have 
authority with regard to liquor sales and regulation on Taos Pueblo 
Lands, and provided further, that the liquor business conducted at the 
Licensed Establishment shall be conducted by the permittee or its 
employees directly, and shall not be conducted by any lessee, 
sublessee, assignee or other transferee.
    2. Permit Procedure. a. Only persons authorized by the Taos Pueblo 
Tribal Council may be granted a permit to sell intoxicating beverages.
    b. A person applying for a permit must furnish to the Governor a 
completed application for a tribal liquor permit. If the applicant is 
an entity other than a natural person, the application shall provide 
the required information with respect to each member of its governing 
board, any individual who owns or controls a financial interest of more 
than ten percent in such entity, and any individual who manages the 
liquor business. Such application must contain, among other things, the 
following information:
    (i) An exhaustive listing of all jobs, businesses, and other 
employment for the immediately preceding ten years;
    (ii) A listing of all residences for the immediately preceding ten 
years, including street address, city, and state, and dates of 
residence at each different location;
    (iii) A list of every liquor license or permit, by number and 
state, in which the applicant has directly or indirectly owned or had 
any interest;
    (iv) Detail with respect to past criminal activity, including 
conviction for any felony, conviction for any misdemeanors, and 
conviction for a violation of any federal or state liquor control act 
in any calendar year, except that traffic offenses need not be listed; 
and
    (v) Detail as to whether the applicant ever applied for a liquor 
license or permit from any government entity and was denied and the 
reasons for any denial.
    c. The applicant shall provide two complete sets of fingerprints on 
a form designated; and the costs associated with supplying the complete 
sets and the investigation thereafter will be borne exclusively by the 
applicant.
    d. The applicant must give his/her consent that the fingerprints 
may be processed by local and national law enforcement agencies and all 
other available agencies. If the search, by

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virtue of the fingerprint submission, reveals any adverse information 
which was not shown by the applicant on the application, the applicant 
will be given an opportunity to explain the circumstance of such 
omission or challenge the authenticity of the revealed information.
F. Granting, Denial, Termination or Revocation of Licenses and Permits
    The granting, denial, termination, or revocation of a license for 
an establishment or a permit to an applicant will be within the 
discretion of the Taos Pueblo Tribal Council. The Governor, after 
reviewing the application and making appropriate inquiry, will make a 
recommendation to the Tribal Council. The following classes of persons 
shall be prohibited from being granted a permit to sell or serve 
intoxicating beverages:
    1. Any person convicted of a felony; and
    2. A minor.
    Revocation of a liquor license or liquor permit will occur only 
following an opportunity to be heard. Any holder of a tribal liquor 
permit who is found, after notice and hearing, to have violated this 
Ordinance or to have provided false information on his/her application, 
shall have his/her tribal liquor permit revoked and shall be ineligible 
to apply for a new tribal liquor permit for three months after the date 
of the revocation.

Section 5. Prohibited Sales and Practices

    No holder of a tribal liquor permit and none of its employees may:
    A. Sell, serve, or dispense intoxicating beverages to any person 
who is obviously intoxicated;
    B. Award alcoholic beverages as prizes;
    C. Sell alcoholic beverages at a drive-up or walk-up window;
    D. Sell alcoholic beverages to a minor who has not attained the age 
of 21;
    E. Knowingly sell alcoholic beverages to an adult purchasing such 
liquor on behalf of a minor or an intoxicated person; and
    F. Allow a person to bring alcoholic beverages onto the premises of 
a Licensed Establishment for the purposes of consuming them himself/
herself or providing them to other individuals.

Section 6. Criminal Penalties

A. Penalties
    Any person guilty of a violation of this Ordinance shall be liable 
upon conviction for up to 90 days confinement and/or fine of $500 for 
each violation, plus costs.
B. Limitations
1. Indian Civil Rights Act
    Notwithstanding any other provision of this Ordinance, no penalty 
may be imposed pursuant or related to this Ordinance in contravention 
of any limitation imposed by the Indian Civil Rights Act of 1968, 82 
Stat. 77, 25 U.S.C. 1301 et seq. (``ICRA'') or other applicable Federal 
law.
2. Violations by Non-Indians
    Nothing in this Ordinance shall be construed to authorize the 
criminal trial or punishment by the Tribal Court of any non-Indian 
except the extent allowed under Federal law. When any provision of this 
Ordinance is violated by a non-Indian, he/she shall be referred to 
state and/or Federal authorities for prosecution under applicable law. 
It is the intent of the Pueblo that any non-Indian referred to state 
and/or Federal authorities be prosecuted to the full extent of 
applicable law. In addition, any non-Indian, upon committing any 
violation of the Ordinance, may be subject to a civil action for 
trespass, and upon having been determined by the Tribal Court to have 
committed the violation, shall be found to have trespassed upon Taos 
Pueblo Lands and shall be assessed such damages as the Court deems 
appropriate.

Section 7. Rules and Regulations

    The Tribal Council may adopt and enforce rules and regulations to 
implement this Ordinance. The rules and regulations will be in 
conformance with New Mexico state law, if applicable, and with this 
Ordinance.

Section 8. Citations; Enforcement

    Citations for violations of any provision of this Ordinance or 
rules or regulations promulgated hereunder may be issued by an officer 
of the Taos Pueblo police department or any person authorized by the 
Governor.

Section 9. Repeal of Prior Inconsistent Enactments by Tribal Council

    This Ordinance repeals all prior enactments of the Taos Pueblo 
Tribal Council which are inconsistent with the provisions of this 
Ordinance. This repeal shall be effective on the date of publication of 
this Ordinance in the Federal Register.

Section 10. Severability

    In the event any provision of this Ordinance or its application to 
any particular activity is held to be invalid or illegal by a court of 
competent jurisdiction, the remaining provisions and the remaining 
applications of such provision shall remain in full force and effect.

Section 11. Sovereign Immunity

    The sovereign immunity of the Taos Pueblo is not waived by this 
Ordinance.

Section 12. Amendments

    This Ordinance may be amended only by majority vote of the Tribal 
Council.

Section 13. Effective Date

    This Ordinance shall be effective as a matter of tribal law as of 
the date of its adoption by the Tribal Council, and effective as a 
matter of federal law on such date as the Secretary of the Interior 
certifies and publishes the same in the Federal Register.

    Dated: April 30, 1999.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 99-11594 Filed 5-7-99; 8:45 am]
BILLING CODE 4310-02-P