[Federal Register: January 22, 2007 (Volume 72, Number 13)]
[Notices]
[Page 2710-2712]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ja07-98]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Pueblo of Pojoaque Liquor Control Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Pueblo of Pojoaque Liquor Control
Act. The Act regulates and controls the possession, sale and
consumption of liquor within the Pueblo of Pojoaque 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 Pojoaque 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 January 22, 2007.
FOR FURTHER INFORMATION CONTACT: Iris 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 Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW.,
Mail Stop 4513-MIB, Washington, DC 20240; Telephone (202) 513-7629; 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 Pojoaque Tribal Council
adopted this Liquor Control Act by Resolution No. 2006-124 on November
15, 2006. The purpose of this Act is to govern the sale, possession and
distribution of alcohol within the Pueblo of Pojoaque Indian
Reservation.
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the
[[Page 2711]]
Principal Deputy Assistant Secretary--Indian Affairs. I certify that
this Liquor Control Act of the Pueblo of Pojoaque was duly adopted by
the Tribal Council on November 15, 2006.
Dated: January 10, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
The Pueblo of Pojoaque Liquor Control Act reads as follows:
Pueblo of Pojoaque Liquor Control Act; History of Alcoholic Beverage
Law on the Pueblo of Pojoaque and Severability of Provisions
On March 13, 1963, the Pueblo of Pojoaque Tribal Council (Tribal
Council) approved the introduction, sale and possession of intoxicating
beverages on the Pojoaque Pueblo Reservation [sic], New Mexico. The
Secretary of Interior certified the March 13, 1963 Tribal Council
Resolution and published the Resolution in the August 8, 1963 edition
of the Federal Register, volume 28, number 154. In accord with
applicable Federal and State law, the Tribal Council approved
Resolution 95-33, dated on May 18, 1995, authorizing the regulation of
alcoholic beverages by the Pueblo of Pojoaque Alcoholic Beverage
Commission. On April 6, 2006, the Tribal Council approved Resolution
06-31, authorizing the Pueblo of Pojoaque Alcoholic Beverage Commission
to license non-tribal alcoholic beverage establishments within Pueblo-
owned lands within the exterior boundaries.
No provision of this Act shall be construed to conflict with
applicable Federal or State laws. Any provision deemed to be in
conflict shall be severed from the Act, but shall not void other
provisions of the Act.
Sec. 1. Definitions
A. ``Alcoholic beverages'' means distilled or rectified spirits,
potable alcohol, brandy, whiskey, rum, gin and aromatic bitters or any
similar alcoholic beverage, including blended or fermented beverages,
dilutions or mixtures of one or more of the foregoing containing more
than one-half of one percent alcohol, but excluding medicinal bitters:
(1) ``Spirituous liquors'' means alcoholic beverages except
fermented beverages such as wine, beer and ale;
(2) ``Beer'' means any alcoholic beverage 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;
(3) ``Fortified wine'' means wine containing more than fourteen
percent alcohol by volume when bottled or packaged by the manufacturer,
but does not include:
(a) Wine that is sealed or capped by cork closure and aged two
years or more;
(b) Wine that contains more than fourteen percent alcohol by volume
solely as a result of the natural fermentation process and has not been
produced with the addition of wine spirits, brandy or alcohol; or
(c) Vermouth and sherry; and
(4) ``Wine'' includes the words ``fruit juices'' and means
alcoholic 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 of one percent or more than twenty-one percent alcohol by volume.
B. ``Club'' means any nonprofit group, including an auxiliary or
subsidiary group, organized and operated under the laws of the Pojoaque
Pueblo with a membership of not less than twenty members who pay
membership dues at the rate of not less than five dollars ($5.00) per
year and who, under the constitution and bylaws of the club, have all
voting rights and full membership privileges and which group is the
owner, lessee or occupant of premises used exclusively for club
purposes and which group the Commission finds is operated solely for
recreation, social, patriotic, political, benevolent or athletic
purposes.
C. ``Commission'' means the Pueblo of Pojoaque Alcoholic Beverage
Commission.
D. ``Dispenser'' means any person licensed under the provisions of
the Liquor Control Act selling, offering for sale or having in his
possession with the intent to sell alcoholic beverages both by the
drink for consumption on the licensed premises and in unbroken packages
for consumption and not for resale off the licensed premises.
E. ``Micro brewer'' means any person who produces less than five
thousand barrels of beer in a year.
F. ``Minor'' means any person under twenty-one (21) years of age.
G. ``Person'' means any individual, estate, trust, receiver,
cooperative association, club, corporation, company, firm, partnership,
joint venture, syndicate, Pueblo-chartered corporation, or any other
legal entity.
H. ``Restaurant'' means any establishment having a New Mexico
resident as a proprietor or manager which is held out to the public as
a place where meals are prepared and served primarily for on-premises
consumption to the general public in consideration of payment and which
has a dining room, a kitchen and the employees necessary for preparing,
cooking and serving meals; provided that ``restaurant'' does not
include establishments serving only hamburgers, sandwiches, salads and
other fast foods.
I. ``Wholesaler'' means any person holding a license issued under
the Liquor Control Act who sells, offers for sale or possesses for the
purposes of sale any alcoholic beverages for resale by the purchaser.
Sec. 2. Pueblo of Pojoaque Alcoholic Beverage Commission
A. The Commission is composed of up to five voting members. All
members shall be named by the Tribal Council to serve for terms to be
decided by the Tribal Council. The Commission shall determine its
officers and chairperson.
B. Commission members shall meet at the call of the chairperson.
Members of the Commission shall be reimbursed for per diem and mileage
and shall receive a monthly stipend in accordance with Pueblo of
Pojoaque Tribal guidelines.
C. The Commission will be responsible for issuing licenses and
determining the outcome of all matters relating to the use and sales of
alcoholic beverages within land owned by the Pueblo of Pojoaque within
the exterior boundaries of Pojoaque Pueblo. These decisions will be
made in accordance with applicable federal and New Mexico laws.
D. It shall be the policy of the Commission that the sale, service
and public consumption of alcoholic beverages within the exterior
boundaries of the Pueblo of Pojoaque shall be licensed, regulated and
controlled so as to protect the public health, safety and morals.
Therefore, the Commission shall investigate the qualifications of the
applicants for licenses and shall investigate the premises for which
any license is sought before the license is issued.
E. Any person to whom a license is issued shall be fully liable and
accountable for the use of the license, including but not limited to
liability for all violations of the Liquor Control Act.
F. All managers are responsible for acts relating to alcohol
service within the scope of their employment or while performing
alcohol-related duties in the conduct of business.
G. All fees collected by the Commission shall be placed in the
General Operating Fund of the Pueblo of Pojoaque under the designation
``Pueblo of Pojoaque Alcoholic Beverage Commission'' or under such
designation
[[Page 2712]]
as the Pueblo of Pojoaque Financial Officer shall recommend.
H. The final decisions of the Commission may be appealed only to
the Tribal Council.
I. The Commission is authorized to license any person within the
boundaries of lands over which the Pueblo of Pojoaque has jurisdiction
if the alcoholic beverages are purchased from New Mexico wholesalers.
Sec. 3. Regulations Concerning Alcoholic Beverages
Sec. 3.1 Compliance with Liquor Control Act.
A. The sale or the possession for the purpose of sale or offering
for sale, manufacture or transportation of alcoholic beverages is
hereby prohibited within the exterior boundaries of Pueblo of Pojoaque
except on the terms and conditions specified in the Liquor Control Act.
B. It is unlawful for any person to deliver any alcoholic beverages
for resale within the exterior boundaries of Pojoaque Pueblo unless
such person has complied with the laws of the Pueblo of Pojoaque and
applicable laws of the State of New Mexico.
Sec. 3.2 Alcoholic Beverages in Unlicensed Public Places. It is
unlawful for any person to drink or consume alcoholic beverages or for
any person who is the owner, proprietor, operator or agent of the
owner, proprietor or operator to sell, serve, furnish or permit the
drinking or consumption of alcoholic beverages in any public place of
any public club, whether operated for profit or not, except in those
establishments having a license to dispense alcoholic beverages.
Sec. 4. Regulations Concerning Minors
Sec. 4.1 Employment of Minors. It is unlawful for any licensee
knowingly to employ any person under twenty-one (21) years of age in
the sale and service of alcoholic beverages.
Sec. 4.2 Selling or Giving Alcoholic Beverages to Minors.
A. It is unlawful for any club, retailer, dispenser or any other
person to do any of the following:
(1) Sell, serve or give any alcoholic beverages to a minor, or to
permit a minor to consume alcoholic beverages on the licensed premises;
(2) Buy alcoholic beverages for or procure the sale or service of
alcoholic beverage to a minor;
(3) Deliver alcoholic beverages to a minor;
(4) Aid or assist a minor to buy, procure or be served with
alcoholic beverages.
B. It is unlawful for any minor to consume, buy, attempt to buy,
receive, possess or permit himself to be served with any alcoholic
beverage in a licensed premise.
C. If any person not a minor deceives another person to believe
that a minor is legally entitled to be sold, served or delivered
alcoholic beverages, he and not the person deceived shall have
committed an unlawful act.
D. It is unlawful for any person to give, loan, sell or deliver an
identity card to a minor with the knowledge that the minor intends to
use the identity for the purpose of procuring or attempting to procure
any alcoholic beverages.
E. It is unlawful for minor employees to ring up and/or accept
payment in liquor in licensed premises. All alcohol servers must wear a
color-coded tag verifying LCC certification on their badge during
business hours. Updated lists of certified alcohol servers shall be
submitted to the Commission annually, with license renewal
applications. Upon completion of alcohol server's training,
certifications shall be forwarded to the Commission.
Sec. 5. Licenses and License Tax
Sec. 5.1 Licenses; Required Sales and Shipment. It is unlawful for
any person, on his own behalf or as agent for another person, except a
duly licensed wholesaler, directly or indirectly to sell or offer for
sale or ship or transport into the exterior boundaries of the Pojoaque
Pueblo for resale any alcoholic beverages, except to a duly licensed
retailer, dispenser, club, micro brewer, restaurant, canopy operator or
special dispenser.
Sec. 5.2 Application for Pueblo of Pojoaque License. Applications
for a Pueblo of Pojoaque license under this section shall be made to
the Commission and shall contain such information as the Commission
shall prescribe.
Sec. 5.3 License Tax.
A. Annual license taxes on the privileges of persons holding liquor
licenses issued by the Commission are imposed as follows:
(1) Dispenser: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
(2) Retailer: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
(3) Club: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
(4) Micro brewer: an annual fee of one thousand two hundred and
fifty dollars ($1,250);
(5) Restaurant: an annual fee of one thousand dollars ($1,000);
(6) Canopy: an annual fee of one thousand two hundred and fifty
dollars ($1,250);
B. The licenses specified in Subsection A of this section shall be
re-issued annually on or about July 1 upon the payment of the annual
license fee. Renewal applications and fees shall be submitted no later
than May 1, to the proper review and evaluation. Application fees and/
or licensing fees shall not be prorated. Any late renewal applications
shall be subject to a late fee assessment of not more than ten percent
(10%) of the liquor application fee.
Sec. 5.4 Special Dispensers' Permits. Any person granted a special
dispenser's permit for use within the exterior boundaries of the Pueblo
of Pojoaque shall pay in advance a fee of fifty dollars ($50.00) per
day for each day or fraction thereof that the permittee is to dispense
alcoholic beverages. Any other fees will be determined by the
Commission at the time of licensing. The Commission shall consider the
proposed use, location and extent of the permit before determining the
fees. Special dispenser's permits may only be issued in connection with
a public celebration upon written approval from the Commission.
Sec. 6. Penalty
Sec. 6.1 As provided in the Liquor Control Act, the failure to pay
the license or permit fees imposed by this chapter, in addition to any
penalty imposed by the Pueblo of Pojoaque Tribal Court, shall be
grounds for closing forthwith the place of business of any defaulting
licensee.
[FR Doc. E7-797 Filed 1-19-07; 8:45 am]
BILLING CODE 4310-4J-P
