[Federal Register Volume 66, Number 58 (Monday, March 26, 2001)]
[Notices]
[Pages 16483-16485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7271]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Sandia Liquor Sales Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Pueblo of Sandia Liquor Sales 
Ordinance. The Ordinance is intended to amend and supplement the Liquor 
Ordinance which was certified by the Secretary of the Interior and 
published in the Federal Register on March 13, 1958. The Ordinance 
regulates the control of, the possession of, and the sale of liquor on 
the Pueblo of Sandia trust and restricted fee lands, and is in 
conformity with the laws of the State of New Mexico, where applicable 
and necessary. Although the Ordinance was adopted on October 28, 2000, 
it does not become effective until published in the Federal Register 
because the failure to comply with the ordinance may result in criminal 
charges.

DATES: This Ordinance is effective on March 26, 2001.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
Services, 1849 C Street, NW, MS 4631-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

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 
transaction in Indian country. The Pueblo of Sandia Liquor Sales 
Ordinance, Resolution No. 00-44, was duly adopted by the Sandia Pueblo 
Tribal Council on October 28, 2000. The Pueblo of Sandia, in 
furtherance of its economic and social goals, has taken positive steps 
to regulate retail sales of alcohol and use revenues to combat alcohol 
abuse and its debilitating effects among individuals and family members 
within the Pueblo of Sandia.
    This notice is being published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 Departmental Manual 8.l.
    I certify that by Resolution No. 00-44, the Pueblo of Sandia Liquor 
Sales Ordinance was duly adopted by the Sandia Pueblo Tribal Council on 
October 28, 2000.

    Dated: March 12, 2001.
James H. McDivitt,
Deputy Assistant Secretary--Indian Affairs (Management).

    The Pueblo of Sandia Tribal Council Liquor Ordinance, Resolution 
No. 00-44, reads as follows:

Liquor Sales Ordinance of the Pueblo of Sandia

    BE IT ORDAINED AND ENACTED by the Pueblo of Sandia as follows:

Section 1. Introduction

    A. Title. The title of this ordinance shall be the Liquor Sales 
Ordinance of the Pueblo of Sandia.
    B. Authority. This ordinance is being passed and enacted in 
accordance with the inherent governmental powers of the Pueblo of 
Sandia, a federally-recognized tribe of Indians, and in conformance 
with the laws of the State of New Mexico, as required by 18 U.S.C. 
Section 1161.
    C. Purpose. The purpose of this ordinance is to regulate the sale 
of Intoxicating Beverages (as herein defined) within the exterior 
boundaries of the Pueblo of Sandia.

Section 2. Definitions

    Enterprise means a Person, Individual(s) employed by the Pueblo, or 
business owned and/or operated by the Pueblo, engaged in, or desiring 
to engage in, the business of selling Intoxicating Beverages.
    Governor means the Governor of the Pueblo of Sandia or his 
designee.
    Individuals employed by the Pueblo means persons who are tribal 
employees.
    Intoxicated Person means a person whose mental or physical 
functioning is substantially impaired as a result of the use of alcohol 
or drugs.
    Intoxicating Beverage includes the four varieties of liquor 
commonly referred to as alcohol, spirits, wine, and beer, and all 
fermented, spiritous, vinous, or malt liquor, or combinations thereof, 
and mixed liquor, a part of which is fermented, spiritous, vinous, or 
malt liquor, or otherwise intoxicating, and every liquid or solid or 
semisolid or other substance, patented or not, containing alcohol, 
spirits, wine, or beer, excluding any prescription or over-the-counter 
medicine, any product not fit for human consumption and wine used for 
sacramental purposes.
    License means a license or authorization by the Tribal Council for 
a Permittee to sell Intoxicating Beverages at a designated location.
    Licensed Establishment means a physical area of Pueblo of Sandia 
tribal land designated by the Pueblo of Sandia Tribal Council as a 
licensed establishment for the purpose of selling intoxicating 
beverages.
    Minor means any person under the age of twenty-one (21) years.
    Permit means a permit or license for an Enterprise to sell 
Intoxicating Beverages.
    Permitted Server means any individual, whether or not a member of 
the Pueblo, who is an employee or owner of a Permittee and who is 
authorized to sell, serve, or dispense intoxicating beverages under 
such rules and regulations as the Pueblo may adopt. A Permitted Server 
may not be a minor.
    Permittee means either: (1) The Pueblo, an Enterprise wholly owned 
by the Pueblo, or an Enterprise owned in major part and controlled by 
the Pueblo which is authorized by the Tribal Council to sell and serve 
intoxicating beverages in a licensed establishment; or (2) any other 
Enterprise which is licensed by the Tribal Council in accordance with 
this Ordinance and thereby authorized to sell and serve intoxicating 
beverages in a licensed establishment.
    Person means an individual, corporation, limited liability company, 
partnership, joint venture, association, trust, unincorporated 
organization or business, government, Indian Tribe, or any agency, 
instrumentality, or subdivision thereof.
    Pueblo means the Pueblo of Sandia, a federally-recognized tribe of 
Indians, located within the exterior boundaries of the State of New 
Mexico.
    Tribal Council means the Pueblo of Sandia Tribal Council and will 
include its duly authorized delegees.

Section 3. General

    The sale of Intoxicating Beverages shall be lawful within the 
exterior boundaries of the Pueblo of Sandia and on all other lands of 
the Pueblo over which the Pueblo has jurisdiction provided that such 
sale is made in conformance with the laws of the State of New Mexico, 
to the extent applicable, and is authorized by this Ordinance.

Section 4. Sales Allowed

    A. Sales of Intoxicating Beverages on Pueblo lands are authorized 
only if the sale occurs in a Licensed Establishment and is made by a 
Permittee.

[[Page 16484]]

    B. Sales of Intoxicating Beverages by a Permittee may be made only 
by a Permitted Seller.
    C. No sale of Intoxicating Beverages shall be made to a person 
under the age of twenty-one (21).

Section 5. Permits

A. Permittees

    1. An Enterprise owned or controlled by the Pueblo which is 
expressly authorized to sell and serve Intoxicating Beverages by the 
Tribal Council shall be deemed to be a Permittee without further 
application.
    2. Any other Enterprise which seeks to sell and serve Intoxicating 
Beverages shall apply for a Permit on such form and pursuant to such 
rules and regulations as the Pueblo may adopt. The application shall be 
submitted to the Governor and the Tribal Council, shall be accompanied 
by the applicable fee, as established from time to time by the Pueblo, 
and must contain, among other matters, the following information:
    (a) the name and address of the Enterprise and, if applicable, the 
state in which it was incorporated or organized, and a certified copy 
of its articles of incorporation or organization;
    (b) the names and addresses of all officers of the Enterprise and 
of all Persons owning a five percent (5%) or greater interest in the 
Enterprise;
    (c) a list of every liquor license or permit, by number and state 
or Indian tribe, in which the Enterprise or any predecessor-in-interest 
has, or within the past ten (10) years had, directly or indirectly 
owned or held any interest;
    (d) for every Person identified in paragraph (b), two (2) complete 
sets of fingerprints and 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 
law at any time, except that traffic offenses need not be listed;
    (e) detail as to whether the enterprise or any Person identified in 
paragraph (b) either (i) ever applied for a liquor license or permit 
from any governmental entity, which was denied, and the reasons for 
such denial, or (ii) held a liquor license or permit which was revoked, 
and the reasons for such revocation; and
    (f) evidence of financial responsibility.
    3. Permits shall be issued for a period not to exceed one (1) year, 
and may be renewable in the discretion of the Pueblo upon the 
submission of a properly completed renewal application, accompanied by 
the applicable license renewal fee, as established from time to time by 
the Pueblo.

B. Permitted Servers

    1. Any individual, including individuals employed by the Pueblo, 
who seeks to become a Permitted Server, shall apply for a permit on 
such form and pursuant to such rules and regulations as the Pueblo may 
adopt. The application shall be submitted to the Governor and must 
contain, among other matters, the following information:
    (a) the name and address of the applicant;
    (b) a list of all jobs, businesses, and other employment for the 
immediately preceding five (5) years;
    (c) a listing of all residences for the immediately preceding five 
(5) years, including street address, city, and state, and dates of 
residence at each different location;
    (d) the information required under subsection A-2-(c), (d) and (e) 
above;
    (e) evidence that the individual has taken the requisite alcohol 
server training program as may be required of individuals selling 
Intoxicating Beverages under the laws of the State of New Mexico, or 
agrees to take such course within thirty (30) days of his or her 
employment.
    2. Server permits, unless sooner revoked, shall be issued for a 
period of up to five (5) years from the date that the Permitted Server 
has completed an alcohol server training program.

C. Fingerprint Procedures

    1. The Pueblo may require two sets of fingerprints from any or all 
of the individuals identified in subsections 5.A and 5.B. above.
    2. All applicants to become Permittees and any other individual 
required to submit fingerprints hereunder must consent that the 
fingerprints may be processed by local and national law enforcement 
agencies and all other available agencies. If the search, by virtue of 
the fingerprint submission, reveals any adverse information which was 
not shown on the application, the individual concerned will be given an 
opportunity to explain the circumstance of such omission or challenge 
the authenticity of the revealed information.
    3. Any costs associated with supplying the complete sets of 
fingerprints and the investigation thereafter will be borne exclusively 
by the Permittee.

Section 6. Licensed Establishments

    A. Sales and serving of Intoxicating Beverages may occur only in a 
Licensed Establishment.
    B. Each Licensed Establishment shall be identified by a map showing 
its location and the perimeters of the land and building, together with 
a general description of the premises, which map and description shall 
be filed with the Pueblo. A parcel of land not containing a building, 
so long as the perimeters thereof are defined, may be a Licensed 
Establishment, including but not limited to areas within a golf course, 
including adjacent facilities utilized in connection with the golf 
course.
    C. An Enterprise which is not owned or controlled by the Pueblo 
must apply to the Tribal Council for a License to operate a Licensed 
Establishment on such form and in such a manner as the Pueblo may 
prescribe. The premises upon which the Enterprise applies to operate 
shall not be deemed a Licensed Establishment unless and until such 
License is granted. Unless sooner terminated in accordance with this 
Ordinance, each License shall be for a maximum period of three (3) 
years.
    D. An Enterprise which is owned or controlled by the Pueblo shall 
be deemed to have a Licensed Establishment upon filing the map and 
description required under subsection (b) pursuant to express 
authorization of the Tribal Council.
    E. 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 by 
the package and/or by the drink.

Section 7. Permit and License Approvals and Denials

    A. The granting, denial or renewal of a Permit or License shall be 
within the discretion of the Pueblo of Sandia Tribal Council.
    B. The License for a Licensed Establishment or the permit for a 
Permittee or any Permitted Server may be terminated or revoked for 
cause. Cause shall include:
    1. Violation of this Ordinance or the laws of the State of New 
Mexico;
    2. Violation of any rules and regulations adopted by the Pueblo to 
implement this Ordinance;
    3. Sale of Intoxicating Beverages outside a Licensed Establishment 
or in violation of its Permit or License;
    4. Conviction of a Permitted Server, a Permittee, or of any 
individual described in subsection 5.A-2-(b) of a felony or of a 
misdemeanor involving a violation of any alcoholic beverage law;

[[Page 16485]]

    5. Making a material misstatement in the application for a Permit; 
and
    6. Allowing a nuisance, drug sales or rowdy behavior to occur 
within the Licensed Establishment.
    C. Revocation of a Permit will occur only following an opportunity 
for a hearing before the Tribal Council or its authorized delegee. 
Decisions of the Tribal Council or its authorized delegee shall be 
final and not subject to further review.
    D. No transfer or assignment of a Permit shall be made without the 
approval in writing of the Tribal Council.
    E. Notwithstanding any other provision of this Ordinance, a Permit 
issued hereunder shall not be deemed a property right or vested right 
of any kind, nor shall the granting of any Permit give rise to a 
presumption or legal entitlement to the renewal of such Permit.

Section 8. Prohibited Sales and Practices

    A. No Permittee or Permitted Server shall:
    1. Sell, serve, or dispense Intoxicating Beverages to any person 
who is obviously intoxicated;
    2. Award Intoxicating Beverages as prizes;
    3. Sell Intoxicating Beverages at a drive-up or walk-up window;
    4. Sell Intoxicating Beverages to a minor;
    5. Knowingly sell Intoxicating Beverages to an adult purchasing 
such liquor on behalf of a minor or an Intoxicated Person; or
    6. Allow a person to bring Intoxicating Beverages onto the premises 
of a Licensed Establishment for the purposes of consuming them himself, 
or providing them to other individuals.

Section 9. Enforcement

A. Criminal Penalties

    1. A Permittee or Permitted Server who is subject to the criminal 
jurisdiction of the Pueblo and is found guilty of violating any portion 
of this Ordinance shall have his/her/its Permit immediately revoked 
subject to reinstatement after a hearing pursuant to subsection 6.D.3, 
and such individual shall be subject to a fine not to exceed $500.00 
for each violation.
    2. Any person subject to the criminal jurisdiction of the Pueblo 
who is found guilty of purchasing Intoxicating Beverages on behalf of a 
minor or an intoxicated person shall be subject to a fine not to exceed 
$500.00 for each violation or not to exceed one (1) month in jail.
    3. Any minor subject to the criminal jurisdiction of the Pueblo 
purchasing, attempting to purchase or found in possession of 
Intoxicating Beverages shall be subject to a fine not to exceed $500.00 
for each violation.
    4. Any person subject to the criminal jurisdiction of the Pueblo 
who is found guilty of having made any materially false statement or 
concealed any material facts in his/her application for a Permit 
granted pursuant to the provisions of this Ordinance shall be 
immediately discharged from employment and shall be subject to a fine 
not to exceed $500.00 for each violation.

B. Civil Penalties

    1. Any non-member Permittee violating any provision of this 
Ordinance or regulations promulgated hereunder may be subject to 
revocation of its Permit and such other civil sanctions as are provided 
in rules and regulations implementing this Ordinance.
    2. Any Permitted Server who is not a member of the Pueblo and who 
violates any provision of this Ordinance or regulations promulgated 
hereunder may be subject to revocation of his/her Permit as well as 
immediate termination of his/her employment.
    3. Any non-member of the Pueblo who purchases Intoxicating 
Beverages on behalf of a minor or an Intoxicated Person shall be 
subject to exclusion from Pueblo lands.

Section 10. 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, and will be submitted for Secretarial review where required 
by federal law.

Section 11. Amendment

    This Ordinance amends and supplements the prior Liquor Ordinance of 
the Pueblo of Sandia, enacted and certified on March 13, 1958 (23 FR 
1742). This amendment shall be effective upon publication in the 
Federal Register.

Section 12. Severability

    In the event any provision of this Ordinance is declared invalid or 
unconstitutional by a court of competent jurisdiction, all other 
provisions shall not be affected and shall remain in full force and 
effect.

Section 13. Sovereign Immunity

    The sovereign immunity of the Pueblo of Sandia shall not be waived 
by this Ordinance.

[FR Doc. 01-7271 Filed 3-23-01; 8:45 am]
BILLING CODE 4310-02-P