[Federal Register Volume 72, Number 191 (Wednesday, October 3, 2007)]
[Notices]
[Pages 56374-56380]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-19364]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Pueblo of Picuris Liquor Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Pueblo of Picuris Liquor Code. The 
Act regulates and controls the possession, sale, and consumption of 
liquor within the Pueblo of Picuris Indian Reservation. The Reservation 
is located on trust land and this Act allows for the possession and 
sale of alcoholic beverages within the exterior boundaries of the 
Pueblo of Picuris Indian Reservation. This Act will increase the 
ability of the tribal government to control the distribution and 
possession of liquor within their reservation and at the same time will 
provide an important source of revenue and strengthening of the tribal 
government and the delivery of tribal services.

DATES: Effective Date: This Act is effective as of October 3, 2007.

FOR FURTHER INFORMATION CONTACT: Iris A. Drew, Tribal Government 
Services Officer, Southwest Regional Office, 1001 Indian School Road, 
Albuquerque, New Mexico 87104; Telephone (505) 563-3530; Fax (505) 563-
3060; or Elizabeth Colliflower, Office of Tribal Services, 1849 C 
Street, NW., Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 
513-7627; Fax (202) 208-5113.

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 Picuris Tribal Council 
adopted this Liquor Code by Resolution No. 07-13 on May 1, 2007. The 
purpose of this Code is to govern the sale, possession and distribution 
of alcohol within the Pueblo of Picuris Indian Reservation.
    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 this Liquor Code of the Pueblo of Picuris was 
duly adopted by the Tribal Council on May 1, 2007.

    Dated: September 25, 2007.
Carl J. Artman,
Assistant Secretary--Indian Affairs.

    The Pueblo of Picuris Liquor Code reads as follows:

Pueblo of Picuris Liquor Code

Subchapter One: General Provisions

Section 101: Findings
    The Tribal Council finds as follows:
    A. The introduction, possession and sale of alcoholic beverages 
into Picuris Pueblo Indian Lands has long been regarded as a matter of 
special concern to the Pueblo, that bears directly on the health, 
welfare and security of the Pueblo and its members; and
    B. Under federal law and New Mexico state law, and as a matter of 
inherent Tribal sovereignty, the question of to what extent and under 
what circumstances alcoholic beverages may be introduced into and sold 
or consumed within Picuris Pueblo Indian Lands 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 Picuris Pueblo Indian Lands, both to establish a 
consistent and reasonable Tribal policy on this important subject, as 
well as to facilitate economic development projects within Picuris 
Pueblo Indian Lands 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 Picuris Pueblo 
Indian Lands 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. ``Pueblo'' or ``Tribe'' means the Pueblo of Picuris.
    B. ``Tribal Council'' or ``Council'' means the Tribal Council of 
the Pueblo of Picuris.
    C. ``Governor'' means the Governor of the Pueblo of Picuris.

[[Page 56375]]

    D. ``Person'' means any natural person, partnership, corporation, 
joint venture, association, or other legal entity.
    E. ``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.
    F. ``Liquor'' or ``Alcoholic Beverage'' means any of 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. ``Licensee'' means a person who has been issued a license to 
sell alcoholic beverages on the licensed premises under the provisions 
of this Liquor Code.
    H. ``Licensed Premises'' means the location within Picuris Pueblo 
Indian Lands 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 Tribal Council, include any related or 
associated areas or 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).
    I. ``Picuris Pueblo Indian Lands'' means all lands within the 
exterior boundaries of the Picuris 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.
    J. ``Special Event'' means a bona fide special occasion such as a 
fair, fiesta, show, tournament, contest, meeting, picnic or similar 
event held on Picuris Pueblo Indian Lands that is sponsored by an 
established business or non-governmental 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 shall not be deemed special events for 
purposes of this Liquor Code.
    K. ``Server'' means an individual who sells, serves or dispenses 
alcoholic beverages for consumption on or off licensed premises, and 
including persons who manage, direct or control the sale or service of 
such beverages.
    L. ``Liquor Code'' means the Picuris Pueblo Liquor Code, this 
chapter.
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 Liquor Code, solely because such person, having 
been duly authorized to engage in the sale of alcoholic beverages 
within Picuris Pueblo Indian Lands 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 complies with the 
provisions of this Section. Within 90 days after the effective date of 
this Liquor Code (or within 30 days after receiving written notice from 
the Pueblo of the enactment of the Liquor Code, whichever is later) any 
person who is licensed to sell alcoholic beverages within Picuris 
Pueblo Indian Lands under the law as it existed prior to the enactment 
of this Liquor Code shall submit an application for a license under the 
provisions of this Liquor Code. Upon the issuance of a license under 
the provisions of this Liquor Code to such person, or upon the 
rejection of an application for such license by such person, no license 
issued by the State of New Mexico or issued under the provisions of any 
prior law of the Pueblo that is held by such person, 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 Picuris Pueblo Indian Lands.
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.
Section 106: Issuance of Regulations
    The Tribal Council shall have the authority to issue such 
regulations, consistent with the provisions of this Liquor Code, as may 
be helpful to the effective administration of the Liquor Code.

Subchapter Two: Sale, Possession and Consumption of Alcoholic Beverages

Section 121: Prohibition
    The sale, introduction for sale, purchase, or other commercial 
dealing in alcoholic beverages, except as is specifically authorized by 
the Liquor Code, is prohibited within Picuris Pueblo Indian Lands.
Section 122: Possession for Personal Use
    Possession of alcoholic beverages for personal use shall be lawful 
within Picuris Pueblo Indian Lands only if such alcoholic beverages 
were lawfully purchased from an establishment duly licensed to sell 
such beverages, whether on or off Picuris Pueblo Indian Lands, 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 Picuris Pueblo Indian Lands by persons 
remaining upon public highways (or other paved public facilities for 
motor vehicles) and where such beverages are not delivered, sold or 
offered for sale to anyone within Picuris Pueblo Indian Lands.
Section 124: Requirement of Pueblo License
    No person shall sell any alcoholic beverage within Picuris Pueblo 
Indian Lands, or offer any such beverage for sale, unless such person 
holds a license issued by the Pueblo under the provisions of this 
chapter that is in effect, or unless such person holds a license 
authorizing such sales issued by the State of New Mexico that is in 
effect, and such person has not received notice of the enactment of 
this Liquor Code under the provisions of Section 104 of this chapter.
Section 125: All Sales for Personal Use
    No person licensed to sell alcoholic beverages within Picuris 
Pueblo Indian Lands 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 wholesale dealer in alcoholic beverages that is 
duly licensed by the State of New Mexico from selling and delivering 
such beverages to properly licensed retailers within Picuris Pueblo 
Indian Lands, so long as such sales and deliveries are otherwise in 
conformity with the laws

[[Page 56376]]

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 Picuris Pueblo Indian Lands 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 
consume, on premises where liquor by the drink is authorized to be 
sold, any alcoholic beverages purchased elsewhere by the consumer.
Section 127: No Sales to Minors
    No alcoholic beverages may be sold within Picuris Pueblo Indian 
Lands to any person under the age of 21 years.
Section 128: Hours and Days of Sale
    A. Alcoholic beverages may be sold, offered for sale, delivered or 
consumed on licensed premises within Picuris Pueblo Indian Lands, other 
than at gaming establishments, only during the following days and 
hours:
    i. On Mondays through Fridays between the hours of 10 a.m. and 12 
midnight;
    ii. On Saturdays, from 12:01 a.m. until 2 a.m., and from 10 a.m. 
until 12 midnight;
    iii. On Sundays, from 12:01 a.m. until 2 a.m., and from 2 p.m. 
until midnight; provided, however, that between midnight and 10 a.m. 
such sales shall only be for consumption on the premises, regardless of 
what type of license is held by the establishment.
    B. At any gaming establishment licensed as such by Picuris Pueblo 
Gaming Commission, that is also a licensed premises within the meaning 
of this Liquor Code, alcoholic beverages may be sold, offered for sale, 
delivered or consumed on Mondays through Saturdays from 10 a.m. until 2 
a.m. of the following morning (provided, however, that after midnight 
such sales shall only be for consumption on the premises, regardless of 
what type of license is held by the gaming establishment), and on 
Sundays from 12 noon until midnight (except that the Tribal Council may 
authorize such sales for consumption on the premises from 12:01 a.m. 
until 2 a.m. on a Monday following a Sunday that is a recognized 
holiday).
Section 129: Sales on Election Day
    No sales of alcoholic beverages shall be permitted to any person 
within Picuris Pueblo Indian Lands on any Tribal election day, from 
closing time the night before until one (1) hour after the polls are 
closed.
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 Picuris Pueblo Indian Lands, or 
specified portions thereof. The Council shall give notice of any such 
enactment promptly to all licensees within Picuris Pueblo Indian Lands. 
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 Picuris Pueblo Indian Lands, or any 
specified portions thereof, for a period of time not to exceed 48 
hours. The Governor shall give prompt notice of such emergency order to 
all licensees within Picuris Pueblo Indian Lands. No such emergency 
order may extend beyond 48 hours, unless during that time the Tribal 
Council meets and determines by resolution that the emergency requires 
a further extension of such order.
Section 131: Location of Sales
    No person licensed to sell alcoholic beverages within Picuris 
Pueblo Indian Lands shall make such sales except at the licensed 
premises specifically designated in such license. No person holding 
only a premises license shall permit alcoholic beverages purchased from 
such licensee for consumption on the premises to be consumed off of the 
licensed premises.
Section 132: Sales To Be Made by Adults
    No person shall take any order, make any delivery, or accept 
payment for any sale of alcoholic beverages within Picuris Pueblo 
Indian Lands, or otherwise have any direct involvement in any such 
sale, who is less than 21 years of age.
Section 133: All Sales Cash
    No licensee shall make any sale of any alcoholic beverages within 
Picuris Pueblo Indian Lands without receiving payment therefor by cash, 
check or credit card 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.
Section 134: Nuisances Prohibited
    No licensee shall knowingly conduct its business in such a 
location, or in such a manner, or at such times of day or night, as to 
amount to a nuisance, in that such activity is injurious to public 
health, safety or morals, or interferes with the exercise and enjoyment 
of public rights, including the right to use public property.

Subchapter Three: Licensing and Regulation

Section 151: Requirement of License
    Any person proposing to sell, offer for sale, store or possess, for 
commercial purposes, any alcoholic beverages, or to maintain commercial 
premises for the consumption of alcoholic beverages, within Picuris 
Pueblo Indian Lands, who is not licensed to engage in such business 
under the laws of the State of New Mexico and has not received notice 
of the enactment of this Liquor Code under the provisions of Section 
104 of this chapter, 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 Picuris Pueblo Indian Lands 
shall be permitted:
    A. Package license, which shall authorize the licensee to store, 
possess, sell and offer for sale alcoholic beverages in sealed 
containers, for consumption only off of the licensed premises.
    B. Premises license, which shall authorize the licensee to store, 
possess and sell alcoholic beverages in open containers, for 
consumption on the licensed premises only, and to permit such 
consumption on the licensed premises only.
    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 on the licensed premises only, 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

[[Page 56377]]

the special event is occurring and from beginning to end shall not 
exceed 72 hours.
Section 154: 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 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, dishonesty, corruption, embezzlement or 
violation of laws regulating the sale, possession and use of alcoholic 
beverages, or who (if a natural person) has not at the time the 
application for license is submitted attained the age of 25 years, or 
who is otherwise determined by the Pueblo to be unfit to be licensed to 
sell alcoholic beverages, or (if a natural person) whose spouse is a 
person not qualified to hold a license under the provisions of this 
section.
    B. No partnership, corporation or other legal entity 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 entity, 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 entity, 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 owns, or has an approved lease or 
other valid interest in, land within Picuris Pueblo Indian Lands, is 
lawfully entitled to engage in a business on such land 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. An applicant for a package or premises license hereunder, 
including, if the applicant is not a natural person, each principal in 
the applicant entity who will have any direct involvement in the 
proposed business, must have successfully completed within the three 
years preceding the date of the application an alcohol server education 
program and examination that is approved by the director of the New 
Mexico Alcohol and Gaming Division.
    E. Notwithstanding anything in this section to the contrary, the 
Pueblo and its wholly owned commercial entities shall be entitled to be 
issued licenses hereunder upon application therefor to the Tribal 
Council, provided that all other provisions of this Liquor Code are 
complied with.
Section 155: 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 
wholly owned commercial entities) shall submit to the Tribal Council 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:
    i. 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.
    ii. 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.
    iii. 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.
    iv. 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.
    v. 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.
    vi. 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.
    vii. A detailed plat of the applicant's business premises within 
Picuris Pueblo Indian Lands 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.
    viii. 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.
    ix. 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:
    i. A certified copy of its articles of incorporation and bylaws.
    ii. 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.
    iii. 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.
    iv. Such additional information regarding the corporation as the 
Tribal Council 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 an 
application complying with the provisions of paragraph B of this 
section, and in addition, the applicant shall submit the following:
    i. A certified copy of the Partnership Agreement.
    ii. 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.

[[Page 56378]]

    iii. 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.
    iv. Such additional information regarding the partnership as the 
Tribal Council 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. The applicant shall also submit proof that applicant, if a 
natural person, and every person who will be directly involved in the 
sale or service of alcoholic beverages as part of the applicant's 
business, has successfully completed, within the three years next 
preceding the date of the application, an alcohol server education 
program and examination approved by the director of the New Mexico 
Alcohol and Gaming Division.
    G. 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 such applicant shall pay a fee to cover the cost of a 
background investigation, in an amount to be set by the Tribal Council 
from time to time, but which shall not exceed the sum of $1,000.00.
    H. Upon receiving a completed license application together with the 
required fees, the Tribal Council 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 Tribal Council (if 
requested by the applicant), the Tribal Council may, in its discretion, 
approve the issuance of 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.
    I. The Pueblo or any of its wholly owned commercial entities may 
apply for a package or premises license by submitting an application to 
the Tribal Council 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 (G) of this section.
Section 156: Action on Application
    A. Upon making a determination that an applicant for a package or 
premises license satisfies the requirements of this chapter, the 
Governor shall prepare a written recommendation for the issuance of 
such license, setting forth sufficient information about the applicant, 
the proposed business, and any other matters deemed relevant by the 
Governor, to enable the Tribal Council to evaluate the merits of the 
license, together with any and all supporting data deemed suitable by 
the Governor. The recommendation shall include a detailed description 
of the proposed leased premises, and any limitations or conditions the 
Governor recommends be included in the license. The Governor shall 
place the matter on the agenda for the Tribal Council's next regular 
meeting, and shall give written notice thereof to the Tribal Council 
and the applicant, and to the public. The Governor shall provide a 
complete copy of the Governor's recommendation, with all supporting 
documentation, to each member of the Tribal Council, by no later than 
ten days before the meeting at which the matter is to be heard.
    B. The Tribal Council shall take up the application at its next 
regular meeting. The Governor shall explain the application and the 
basis for his or her recommendation, and the applicant shall be 
permitted to speak in favor of the application. Any interested member 
of the public may also be heard on the matter. The Tribal Council shall 
vote either to approve or deny the application, and if it votes to 
approve the license, it shall specify whether the Governor's 
recommendations as to the description of the licensed premises and any 
limitations or conditions on the license are accepted, rejected, or 
modified, and may add any additional limitations or conditions it deems 
appropriate.
    C. If the Tribal Council concludes that the applicant is not 
qualified for a license under the provisions of Section 154 of this 
chapter, or that the application is otherwise not allowable under the 
provisions of this chapter, he or she shall give written notice to the 
applicant that the license is rejected, by certified mail, return 
receipt requested.
    D. In the event the Tribal Council approves the issuance of a 
license, the Governor shall issue the license forthwith, incorporating 
therein any limitations or conditions thereon approved by the Tribal 
Council.
Section 157: 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 154 of this Chapter. A licensee who is eligible for renewal of 
his or her license shall submit to the Tribal Council an application 
for renewal on a form specified by the Tribal Council, together with 
proof that the licensee and each person employed by the licensee as a 
server has successfully completed, within the past five years, an 
alcohol server education program and examination approved by the 
director of the New Mexico Alcohol and Gaming Division, and a license 
renewal fee in the amount of $500.00, no less than thirty (30) days 
prior to the expiration date of the license.
    B. 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 Tribal Council may treat the license as having expired, 
and may require the licensee to file a new application in compliance 
with Section 155 of this chapter.
    C. The Tribal Council may, in its discretion, conduct an update on 
the applicant's background investigation prior to acting on any renewal 
application, and the Tribal Council shall update such investigation 
prior to issuing a third renewal of a license since the last such 
investigation was performed, or if the Tribal Council has acquired 
information indicating that the applicant is not qualified for a 
license under the provisions of Section 154 of this chapter. Whenever 
any such investigation is performed, the Tribal Council shall require 
the applicant to pay an additional fee to cover the costs of such 
investigation, in an amount to be determined by the Tribal Council but

[[Page 56379]]

in no event in excess of the sum of $1,000.00.
    D. The Tribal Council may refuse to approve a renewal of a license 
in the event a background investigation reveals facts that would 
disqualify the applicant from being licensed under this Liquor Code, or 
if the Tribal Council determines that the licensee has operated in a 
manner violative of the provisions of this chapter. In that event, the 
applicant shall have the right to appeal the Tribal Council's decision 
to the Tribal Council, which appeal shall be governed by and conducted 
in accordance with the same requirements and procedures that apply an 
appeal of a denial of an original application, as set forth in Section 
156(C), (D), and (E) of this chapter.
Section 158: 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 non-transferable 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 Tribal Council 
in writing of any change in any such information, and notwithstanding 
any such change, the licensee shall continue to be qualified to be 
licensed under the provisions of this Liquor Code.
    B. The licensee shall at all times conduct its business on Picuris 
Pueblo Indian Lands 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 
Tribal Council shall at all times have written evidence of the 
continued existence of such policy of insurance.
    D. The licensee shall be lawfully entitled to engage in business 
within Picuris Pueblo Indian Lands, 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 issued hereunder 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. No person shall be employed by the licensee as a server who has 
not, within the past five years, successfully completed an alcohol 
server education program and examination approved by the director of 
the New Mexico Alcohol and Gaming Division.
    H. No licensee shall sell, serve or deliver any alcoholic beverage 
to a customer through a drive-up window, or otherwise to a customer who 
at the time of the transaction is in a motor vehicle.
    I. By having applied for and obtained a license hereunder, the 
licensee shall be deemed to have submitted 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 offices to enforce the provisions of 
this Liquor Code or any other provision of tribal law, or by any person 
claiming to have suffered loss or damage due to any act or omission of 
the licensee in the course of the conduct of its business on Picuris 
Pueblo Indian Lands.
Section 159: Sanctions for Violation of License
    A. Upon determining that any person licensed by the Pueblo to sell 
alcoholic beverages under the provisions of the Liquor Code is for any 
reason no longer qualified to hold such license under the provisions of 
Section 154 of the Liquor Code, or has violated any of the conditions 
set forth in Section 158, the Tribal Council shall immediately serve 
written notice upon such licensee directing that he show cause within 
ten calendar days why his license should not be suspended or revoked, 
or a fine imposed, or both. 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 
calendar days of service of such notice, the Tribal Council shall issue 
an order suspending the license for such period as the Tribal Council 
deems appropriate, or revoking the license, effective immediately, or 
imposing a fine, in such amount as the Tribal Council deems reasonable. 
The licensee may request a hearing on such notice, by filing a written 
response and a request for hearing, within the ten-day period, with the 
Tribal Council and with the Clerk of the Picuris Pueblo Tribal Court. 
The hearing shall be held before the Tribal Court, no later than 30 
calendar days after receipt of such request, unless the Court for good 
cause extends such time period.
    C. At the hearing, the Tribal Council shall have the burden to 
prove facts supporting the contentions set forth in the notice, and 
justifying the sanctions proposed in the notice. The licensee shall 
have the right to present its evidence in response.
    D. The Court after considering all of the evidence and arguments 
shall issue a written decision, within fifteen days after the hearing 
concludes, either upholding the proposed action of the Tribal Council, 
modifying such action by imposing some lesser penalty, or ruling in 
favor of the licensee, and such decision shall be final and conclusive.
Section 160: Special Event License
    A. Any established business or any non-governmental organization 
that includes any member of the Pueblo, that has authority to conduct 
any activities within Picuris Pueblo Indian Lands and that is not a 
licensee hereunder, may apply to the Tribal Council 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 Picuris Pueblo 
Indian Lands. Any such application must be filed in writing, in a form 
prescribed by the Tribal Council, no later than 45 calendar days prior 
to the event, must be accompanied by a fee in the amount of $50.00, and 
must contain at least the following information:
    i. The nature and purpose of the event, the identity of the 
applicant and its relationship to the event, and a description of the 
persons who are invited to participate in the event, including their 
ages;
    ii. The precise location within Picuris Pueblo Indian Lands where 
the event will occur, and where alcoholic beverages will be 
distributed;
    iii. 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);
    iv. The nature of any food and beverages to be distributed, and the

[[Page 56380]]

manner in which such distribution shall occur;
    v. 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;
    vi. Certification that the event will be covered by a policy of 
public liability insurance as described in Section 158(C) of this 
Liquor Code, that includes the Pueblo as a co-insured.
    vii. Any other information required by the Tribal Council relative 
to the event.
    B. The Tribal Council shall consider the application at its next 
meeting after the application is submitted, and shall vote to approve 
or reject the application. If the Council votes to approve the 
application, it shall also decide whether the license should be 
conditioned or limited in any fashion. If the application is approved, 
the Governor shall issue the license, including any conditions or 
limitations approved by the Council, and specifying the hours during 
which and the premises within which sales, distribution and consumption 
of alcoholic beverages may occur.
    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 161: Display of License
    Every person licensed by the Pueblo to sell alcoholic beverages 
within Picuris Pueblo Indian Lands shall prominently display the 
license on the licensed premises during hours of operation.

Subchapter Four: Offenses

Section 181: Purchase From or Sale to Unauthorized Persons
    Within Picuris Pueblo Indian Lands, 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 within Picuris Pueblo Indian Lands to any 
person other than a person properly licensed by the Pueblo under the 
provisions of this chapter.
Section 182: Sale to Minors
    A. No person shall sell or provide 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 an apparently valid 
identification document showing the purchaser's age to be 21 years or 
older, and that the seller 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 under the influence of alcohol or who 
the seller has reason to believe intends to provide such alcoholic 
beverage to a person under the influence of alcohol.
Section 185: Purchase by Person Under the Influence of Alcohol
    No person under the influence of alcohol shall purchase any 
alcoholic beverage.
Section 186: Bringing Liquor Onto Licensed Premises
    No person shall bring any alcoholic beverage for personal 
consumption onto any premises within Picuris Pueblo Indian Lands 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 licensed under the 
provisions of this Liquor Code.
Section 187: 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 188: 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 a federally recognized Indian tribe, 
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 189: Jurisdiction
    Any and all actions, whether civil or criminal, pertaining to 
alleged violations of this title, 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.

 [FR Doc. E7-19364 Filed 10-2-07; 8:45 am]
BILLING CODE 4310-4J-P