FR 2025-06580

The document from the Federal Register announces amendments to the Liquor Code of the Pueblo of Santa Clara, New Mexico, as published by the Interior Department's Bureau of Indian Affairs. These updates are intended to regulate the introduction, sale, and consumption of alcohol on Santa Clara Indian Lands. With the amendments scheduled to take effect on April 17, 2025, the changes promote economic development and address social issues while safeguarding public welfare.

General Summary

The revised Liquor Code outlines comprehensive regulations governing the sale and consumption of alcohol within Santa Clara Indian Lands. It sets forth various licensing categories, such as package, premises, and special event licenses, and stipulates conditions under which alcohol may be sold and consumed. The amendments also prescribe times for selling alcoholic beverages and enumerate penalties for infractions. Additionally, a portion of alcohol sales revenue is allocated to funding programs aimed at preventing and treating alcoholism.

Significant Issues and Concerns

There are several areas within the Liquor Code that raise potential concerns:

• Complex and Lengthy Language: The document employs complicated language, which may hinder those seeking to understand their obligations, particularly potential license applicants. Provisions like Sections 108.25 and 108.26 could benefit from simplification to improve clarity.

• Severe Penalties: In Section 108.40, the penalties proposed, including imprisonment or a fine up to $5,000, might be deemed harsh, especially since the Code does not distinguish between minor and major violations.

• Ambiguity in Emergency Regulations: Section 108.16 permits the Governor to halt alcohol sales for emergencies up to 48 hours, but it lacks specifics on what constitutes a "bona fide emergency," potentially leading to inconsistent application of this rule.

• Licensing Provisions Favoring the Pueblo: The document allows the Pueblo and its related commercial entities to apply for licenses easily, which might be perceived as preferential treatment, particularly as stated in Section 108.24 E.

• Age Requirement for Licenses: The stipulation that applicants must be at least 25 years old to obtain a license (Section 108.24 A) seems unusual. It excludes those aged 21-24, who can legally drink alcohol.

• Special Event License Approvals: The ability to issue special event licenses to unspecified organizations (Section 108.30) might lead to favoritism or misuse without proper oversight.

Impact on the Public

The amendments have broader implications for various communities. For residents of Santa Clara Indian Lands, the regulations could foster a structured environment for alcohol sales, potentially minimizing alcohol-related issues. The requirement for sellers to contribute a portion of sales towards alcohol abuse prevention is likely to benefit public health.

Impact on Specific Stakeholders

• License Applicants: Potential applicants may face challenges understanding complex licensing requirements, which could deter some individuals or businesses from applying.

• Community Members: Residents might experience mixed reactions. While the measures aim to protect welfare and health, the severity of penalties could be seen as excessive.

• Alcohol Retailers: Those already involved in alcohol sales might find the new regulations demanding, especially with mandated education and background checks expanding their operational costs.

• Tribal Government: The Pueblo's governance stands to gain more control over alcohol distribution, potentially boosting revenue while enhancing the reservation's regulatory frameworks.

The amendments to the Liquor Code reflect a concerted effort to balance economic and social objectives with public health. Careful implementation and consideration of stakeholder concerns could further enhance these regulatory changes’ positive impact.

The Pueblo of Santa Clara Liquor Code outlines several financial aspects in its provisions. These references pertain primarily to fees associated with obtaining and renewing licenses to sell alcoholic beverages on Santa Clara Indian Lands, as well as penalties for violations of the Code.

License Application and Renewal Fees

Applicants seeking licenses to sell or distribute alcoholic beverages must pay various fees. There is a non-refundable license processing fee for each application. Specifically, a package license requires a payment of $5,000.00, while a premises license requires $1,000.00. Additionally, applicants must cover the cost of a background investigation, with fees not exceeding $1,000.00.

Once a licensee secures a license, it must be renewed annually. The renewal requires a fee of $500.00. However, failing to submit a renewal application and fee on time may result in a late charge of $500.00.

Background Investigation Fees

The Liquor Code allows the Administrator to perform background investigations as part of the application and renewal processes. Whenever such investigations are deemed necessary by the Administrator, applicants are required to pay an additional fee, which will not exceed $1,000.00.

Special Event Licensing

For businesses or organizations wishing to sell or distribute alcohol at special events, a special event license is necessary. This license carries a fee of $50.00. This relatively low fee could facilitate various organizations in hosting events, but it also necessitates adequate oversight to prevent misuse, particularly when organizations with ties to the Pueblo are involved.

Penalties and Fines

The Liquor Code stipulates fines for violations. Convicted individuals could face fines up to $5,000.00. This penalty is significant and underscores the Code’s emphasis on compliance. However, the lack of differentiation between minor and severe infractions in terms of fines could lead to disproportionate penalties for less severe violations.

Allocation for Alcoholism Treatment

Additionally, there is a provision for an alcoholism treatment tax of two percent on the gross receipts from alcohol sales. These funds are reserved explicitly for programs related to the prevention and treatment of alcoholism, which aligns with the Pueblo's broader social goals.

Issues Related to Financial Provisions

The financial requirements for obtaining licenses and the penalties for violations can be viewed as mechanisms to ensure compliance with the Liquor Code. However, the complexity of the application process may pose challenges for potential applicants who must navigate these financial obligations.

Moreover, the provision that the Pueblo and its commercial entities can apply for licenses without the same competitive processes may raise concerns of preferential treatment. The high fees could potentially limit competition by creating a financial barrier for smaller or independent businesses.

In summary, the financial provisions within the Liquor Code play a fundamental role in both regulating the sale and distribution of alcohol within Santa Clara Indian Lands and in funding initiatives aimed at addressing alcoholism. However, they also present potential challenges related to accessibility and equity among prospective licensees.