[Federal Register Volume 82, Number 223 (Tuesday, November 21, 2017)]
[Notices]
[Pages 55392-55393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25109]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900 253G]
Salt River Pima-Maricopa Indian Community; Amendment to Alcoholic
Beverage Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes an amendment to the Salt River Pima-
Maricopa Indian Community's Chapter 14, Alcoholic Beverage Control
Ordinance.
DATES: This amendment shall be applicable December 21, 2017.
FOR FURTHER INFORMATION CONTACT: Ms. Sharlot Johnson, Tribal Government
Services Officer, Western Regional Office, Bureau of Indian Affairs,
2600 North Central Avenue, Phoenix, AZ 85004, Telephone: (602) 379-
6786, Fax: (602) 379-4100.
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 control ordinances for the purpose of regulating
liquor transactions in Indian country. On June 7, 2017, the Salt River
Pima-Maricopa Community Council duly adopted the amendment to the
Community's Chapter 14, Alcoholic Beverage Control Ordinance by
Ordinance SRO-492-2017. This Federal Register notice amends the
existing Salt River Pima-Maricopa Indian Community's Chapter 14,
Alcoholic Beverage Control Ordinance, enacted by the Salt River Pima-
Maricopa Indian Community Council, which was published in the Federal
Register on January 21, 2016 (81 FR 3453). By the delegated authority
contained in 3 IAM 4.4, the Western Regional Director, Bureau of Indian
Affairs, approved the Salt River Pima-Maricopa Indian Community's
amendment on August 9, 2017.
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 the Salt River Pima-Maricopa Indian Community
of the Salt River Reservation, Arizona, duly adopted this amendment to
the Community's Chapter 14, Alcoholic Beverage Control Ordinance on
June 7, 2017.
Authority: 18 U.S.C. 1161
Dated: October 19, 2017.
John Tahsuda,
Acting Assistant Secretary-Indian Affairs.
The Salt River Pima-Maricopa Indian Community's Chapter 14,
Alcoholic Beverage Control Ordinance, Section 14-25, is amended to add
the new subsection (f) as follows:
(f) Alcoholic beverages may be possessed and consumed (and not
sold) at a private event of a bona fide commercial entity who is a
lessee within the Community's designated area as defined by Section 14-
54, one-time a calendar year, if the following conditions are met:
(1) The host is serving alcohol beverages free of charge and there
is no fee to be admitted into the private event;
(2) the event is private and only open to a known group of guests
(and not the public)
(3) the host is a commercial tenant within the Community;
(4) the host has a Business License with the Community;
(5) the host notifies the Office at least 30 days prior to the
event by the filing of a notification form as prescribed by the Office,
and that provides specifics as to the private event, agrees in writing
to follow all applicable Community laws and Arizona State alcoholic
beverage laws, and also agrees to assumes all risk and liability for
any damages that may occur as a result of this event;
(6) the Office is aware in writing of the event at least 30 days
prior to it being held and is able to provide notice of the event to
the SRPD and any other necessary departments; and
(7) the host agrees to obtain a special use permit or other
licensing depending on the size and nature of the event (including any
additional costs to provide police or other staffing), at the direction
of the Office.
The Salt River Pima-Maricopa Indian Community's Chapter 14,
Alcoholic Beverage Control Ordinance, Section 14-55(6)(b)(1)-(3) shall
be repealed and replaced with new Sections 14-55(6)(b)(1)-(5) as
follows:
1. A special event license is a temporary license and authorizes
the sale of liquor for a limited time in the Community;
2. An applicant may be issued a special event license for no more
than 10 consecutive days per license during the course of a calendar
year;
3. An unlicensed premises may hold up to 12 special events per
calendar year, and a licensed location or government owned location may
hold unlimited events per year;
4. A special event license shall only be available to a business
that is not in the primary business of selling food or alcohol;
5. Special Event licenses shall only be issued if it also meets the
requirements of the Arizona liquor law requirements.
The Salt River Pima-Maricopa Indian Community's Chapter 14,
Alcoholic Beverage Control Ordinance, Section 14-64(5) shall add the
following category as (h):
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Licenses Original Renewal
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h. Sports Stadium/Entertainment Venue......... $2000.00 $500.00
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The Salt River Pima-Maricopa Indian Community's Chapter 14,
Alcoholic Beverage Control Ordinance, Section 14-102(f)'s first
sentence shall be amended to read as follows (subsections (f)(1)-(4)
shall remain the same).
It shall be unlawful for a licensee or an employee of the licensee
to consume alcoholic beverages on or about the licensed premises, or to
be intoxicated or in a disorderly condition during such periods as when
such person is working at the licensed premises, except that:
The Salt River Pima-Maricopa Indian Community's Chapter 14,
Alcoholic Beverage Control Ordinance, Section 14-102 shall have the
following 102(cc)-(mm) added.
(cc) It is unlawful for a person to take or solicit orders for
alcoholic beverages unless the person is a salesman or solicitor of a
licensed wholesaler, a salesman or solicitor of a distiller, brewer,
vintner, importer or broker or a registered retail agent.
(dd) It is unlawful for any retail licensee to purchase alcoholic
beverages from any person other than a solicitor or salesman of a
wholesaler licensed by the State of Arizona.
(ee) It is unlawful for a retailer to acquire an interest in
property owned, occupied or used by a wholesaler in the wholesaler's
business, or in a license with respect to the premises of the
wholesaler.
(ff) It is unlawful for an on-sale retailer to permit an employee
or for an
[[Page 55393]]
employee to solicit or encourage others, directly or indirectly, to buy
the employee drinks or anything of value in the licensed premises
during the employee's working hours. No on-sale retailer shall serve
employees or allow a patron of the establishment to give alcoholic
beverages to, purchase liquor for or drink liquor with any employee
during the employee's working hours.
(gg) It is unlawful for a person to have possession of or to
transport alcoholic beverages which are manufactured in a distillery,
winery, brewery or rectifying plant contrary to the laws of the United
States, the Community and the State of Arizona. Any property used in
transporting such alcoholic beverages shall be forfeited, seized and
disposed of.
(hh) It is unlawful for a person who is obviously intoxicated to
buy or attempt to buy alcoholic beverages from a licensee or employee
of a licensee or to consume alcoholic beverages on a licensed premises.
(ii) It is unlawful for a licensee to use a vending machine for the
purpose of dispensing alcoholic beverages.
(jj) It is unlawful for a retailer to knowingly allow a customer to
bring alcoholic beverages onto the licensed premises.
(kk) It is unlawful for a person to purchase, offer for sale or use
any device, machine or process which mixes alcoholic beverages with
pure oxygen or another gas to produce a vaporized product for the
purpose of consumption by inhalation or to allow patrons to use any
item for the consumption of vaporized alcoholic beverages.
(ll) It is unlawful for a retail licensee or an employee of a
retail licensee to sell alcoholic beverages to a person if the retail
licensee or employee knows the person intends to resell the alcoholic
beverages.
(mm) It is unlawful for a person to reuse a bottle or other
container authorized for use by the laws of the United States or any
agency of the United States for the packaging of distilled spirits or
for a person to increase the original contents or a portion of the
original contents remaining in a liquor bottle or other authorized
container by adding any substance.
[FR Doc. 2017-25109 Filed 11-20-17; 8:45 am]
BILLING CODE 4337-15-P