Notice2026-04378
Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado-Liquor Code Amendment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 5, 2026
Effective
March 5, 2026
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes amended Southern Ute Indian Tribe of the Southern Ute Reservation, Colorado Liquor Code.
Full Text
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<title>Federal Register, Volume 91 Issue 43 (Thursday, March 5, 2026)</title>
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[Federal Register Volume 91, Number 43 (Thursday, March 5, 2026)]
[Notices]
[Pages 10817-10825]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04378]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[267A2100DD/AAMM001010/A0A600000.000000]
Southern Ute Indian Tribe of the Southern Ute Reservation,
Colorado--Liquor Code Amendment
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes amended Southern Ute Indian Tribe of the
Southern Ute Reservation, Colorado Liquor Code.
DATES: This Liquor Code shall become effective March 5, 2026.
FOR FURTHER INFORMATION CONTACT: Sophia J. Torres, Management and
Program Analyst, Southwest Regional Office, Bureau of Indian Affairs,
1001 Indian School Road NW, Albuquerque, NM 87104-2303, Phone: (505)
536- 3304; Fax: (505) 563-3101.
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. On September 24, 2024, the Southern Ute
Indian Tribe of the Southern Ute Reservation, Colorado adopted this
amended Liquor Code by Resolution No. 2024-186, which regulates and
controls the possession, consumption, and sale of liquor within the
Southern Ute 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 the Southern Ute Indian Tribe of the Southern
Ute Reservation, Colorado duly adopted the amended Southern Ute Indian
Tribe of the Southern Ute Reservation, Colorado Liquor Code by
Resolution No. 2024 -186 dated September 24, 2024.
William Henry Kirkland III,
Assistant Secretary-Indian Affairs.
The Southern Ute Indian Tribe of the Southern Ute Reservation,
Colorado, Liquor Code, as amended, shall read as follows:
TITLE 26
SOUTHERN UTE INDIAN TRIBAL CODE
LIQUOR CODE
PART I--GENERAL PROVISIONS
Article 1. General Provisions and Purpose
26-1-101. Purpose. The purpose of this Code is to regulate and
to control the sale, purchase, possession, and serving of liquor on
the Southern Ute Indian Reservation in compliance with federal law.
Only people issued a license under this Code may sell alcoholic
beverages within the exterior boundaries of the Southern Ute Indian
Reservation. This Code is an exercise of the regulatory powers of
the Southern Ute Indian Tribal Council for the protection of the
peace, safety, property, health, and general welfare of the Southern
Ute Indian Tribe.
26-1-102. Jurisdiction. This Code applies to, and the Southern
Ute Indian Tribe has jurisdiction over, any relevant act or
transaction within the exterior boundaries of the Southern Ute
Indian Reservation except to the extent that the exercise of that
jurisdiction is prohibited by federal law. This Code does not
address state jurisdiction, nor does it confer jurisdiction to the
State of Colorado.
26-1-103. Definitions. As used in this Code, unless the context
otherwise requires:
(1) ``Alcoholic beverages'' means fermented malt beverages or
malt, wine, or spirits.
(2) ``Code'' means the Southern Ute Indian Tribal Liquor Code.
(3) ``Days'' means calendar days. In computing any period of
time prescribed by the Code, the date of the act, event, or default
from which the designated period of time begins to run shall not be
included. Saturdays, Sundays, and federal and tribal holidays shall
be counted as a calendar day.
(4) ``Fairgrounds'' means any premises owned by the Southern Ute
Indian Tribe or other governmental entity with indoor and outdoor
event space where events such as fairs, powwows, flea markets,
rodeo, amusements, and carnivals are held.
(5) ``Ferment'' or ``fermentation'' means the chemical process
by which sugar is converted into alcohol.
(6) ``Fermented malt beverage'' means beer, malt liquor, and any
other beverage obtained by the fermentation of any infusion or
decoction of barley, malt, hops, or any similar product or any
combination thereof in water, containing not less than one-half
percent by volume.
(7) ``Gaming Tavern'' means a facility that permits or conducts
gaming on the premises pursuant to a valid gaming license issued by
the Southern Ute Gaming Commission.
(8) ``Hotel'' means any establishment with sleeping rooms and
restaurant facilities for guests.
(9) ``License'' means a permit issued to a licensee to sell
alcoholic beverages as provided by this Code.
(10) ``Licensed premises'' means the premises specified in an
application for a license under this Code, which are owned or
controlled by the licensee and within which the licensee is
authorized to sell, dispense, or serve alcoholic beverages.
(11) ``Location'' means a particular parcel of land that may be
identified by an address or by other descriptive means.
(12) ``Meal'' means a quantity of food that is consumed at
regular intervals for the purpose of sustenance.
(13) ``Optional premises'' means the premises specified in an
application for a hotel and restaurant license with related outdoor
sports or recreational facilities for its guests or the general
public, located on or adjacent to the hotel or restaurant premises,
within which such licensee is authorized to sell or serve alcoholic
beverages in accordance with the provisions of this Code and at the
discretion of the Tribal Licensing Authority; or the premises
specified in an application for an optional premises license located
on an applicant's outdoor sports or recreational facility.
(14) ``Part''--Part numbers and titles are for code organization
purposes only and do not need to be included in citations of the
Code.
(15) ``Person'' means a natural person, partnership,
association, company, corporation, or organization or a manager,
agent, officer, or employee of any of them.
(16) ``Premises'' means a distinct and defined location, which
may include a building, a part of a building, or a room, or any
other definite contiguous area.
(17) ``Racetrack'' means premises where race meets or simulcast
races with pari-mutuel wagering are held in accordance with the
applicable law.
(18) ``Restaurant'' means:
(a) an establishment that has a sanitary kitchen, dining room,
and persons to prepare, cook, and serve meals; and
(b) where, in exchange for payment, meals, drinks, tobaccos, and
candies are furnished to guests and in which nothing is sold except
for food, drinks, tobaccos, candies, and items of souvenir
merchandise depicting the theme of the restaurant or the
geographical or historic subjects of the nearby area.
(c) The term ``restaurant'' shall not include any establishment
where business is conducted, except for:
[[Page 10818]]
(i) a hotel business;
(ii) tribal gaming; or
(iii) the sale of food, drinks, tobaccos, candies, or such items
of souvenir merchandise.
(d) Nothing in this subsection shall be construed to prohibit
live music or entertainment, juke boxes, amusement devices, such as
video games, that do not and cannot pay anything of value, or other
forms of entertainment commonly provided in restaurants.
(19) ``Retail liquor store'' means an establishment engaged only
in the sale of alcoholic beverages, soft drinks, and mixers, all in
sealed containers for consumption off the premises; tobaccos,
tobacco products, smokers' supplies, and nonfood items related to
the consumption of such beverages; and liquor-filled candy and food
items approved by the Tribal Licensing Authority, which are
prepackaged, labeled, and directly related to the consumption of
such beverages and are sold solely for the purpose of cocktail
garnish in containers up to sixteen ounces. A retail liquor store
shall not sell food items that constitute a snack, a meal, or
portion of a meal.
(20) ``Sandwiches and Light Snacks'' means single serving items
such as hamburgers, hot dogs, frozen pizzas, burritos, chicken
wings, popcorn, pretzels, nuts, chips, or items of a similar nature.
(21) ``Sealed container'' means any container or receptacle used
for holding an alcoholic beverage, which is corked or sealed with a
stub, stopper, or cap.
(22) ``Sell'' or ``sale'' means any of the following:
(a) to exchange, barter, or traffic in;
(b) to solicit or receive an order for liquor except through a
licensee licensed under this Code;
(c) to keep or expose for sale;
(d) to serve liquor with meals;
(e) to deliver for value or in any way other than gratuitously;
(f) to offer or to possess with intent to sell;
(g) to traffic in for any consideration promised or obtained,
directly or indirectly.
(23) ``Spirits'' means any alcoholic beverage obtained by
distillation, mixed with water and other substances in solution,
including but not limited to brandy, rum, whiskey, gin, and every
liquid or solid, patented or not, containing at least one-half of
one percent alcohol by volume and which is fit for use for beverage
purposes. Any liquid or solid containing beer or wine in combination
with any other liquor, except as provided in subsection (29) of this
section, shall not be construed to be fermented malt or malt or wine
but shall be construed to be spirits.
(24) ``Tavern'' means an establishment in which the principal
business is the sale of alcoholic beverages at retail for
consumption on the premises and where sandwiches and light snacks
are available for consumption on the premises.
(25) ``Tribal Licensing Authority'' (or ``TLA'') means the
regulatory entity designated by the Tribal Council to be responsible
for administering and enforcing the Liquor Code.
(26) ``Tribe'' means the Southern Ute Indian Tribe.
(27) ``Wholesale'' means the sale of alcoholic beverages to
licensees for resale.
(28) ``Wholesaler'' means those entities authorized to sell
alcoholic beverages at wholesale to licensees.
(29) ``Wine'' means an alcoholic beverage that contains not less
than one-half of one percent and not more than 21% alcohol by volume
and shall be construed to mean an alcoholic beverage obtained by the
fermentation of the natural sugar contents of fruits or other
agricultural products containing sugar. ``Wine'' includes fortified
wine.
PART II--LIQUOR LICENSING
Article 2. Licensing
26-2-101. Authority of the Tribal Licensing Authority.
(1) The term ``Tribal Licensing Authority'', as used throughout
this Code, shall refer to the Tribal Council or to the entity that
the Tribal Council designates for the administration and enforcement
of this Code. The Southern Ute Indian Tribal Council may delegate
some or all of its authority by resolution to another entity to act
as the Tribal Licensing Authority for all purposes, including but
not limited to the following:
(a) Approve or deny licenses for the sale of alcoholic
beverages, as provided by this Code, and suspend or revoke such
licenses upon a violation of this Code or any regulation adopted
pursuant to this Code.
(b) Adopt, amend, repeal, and publish regulations, special
rulings, and findings for the regulation and control of the
distribution and sale of alcoholic beverages and the enforcement of
this Code.
(c) Conduct public hearings, administer oaths, and issue
subpoenas to require the presence of persons and production of
papers, books, and records relevant to the hearing subject matter.
(d) Maintain complete records of all acts and transactions of
the Tribal Licensing Authority regarding alcoholic beverage
licensees, which records, except confidential reports obtained from
the licensee showing the sales volume or quantity of liquor sold or
customers served, shall be open for public inspection.
(e) Suspend or revoke any license upon any violation by the
licensee, including by any agent or employee of such licensee, of
any provision of this Code, of any regulation of the Tribal
Licensing Authority, or of any term, condition, or provision of the
license, upon its own motion or upon complaint, after investigation
and public hearing at which the licensee shall be afforded an
opportunity to be heard.
(2) Regulations made pursuant to subsection (1)(b) of this
section may cover, but shall not be limited to, the following
subjects:
(a) compliance with and enforcement of any provision of this
Code, or any regulation issued pursuant to the Code;
(b) specification of duties of Tribal Licensing Authority
officers and employees;
(c) instructions for local law enforcement officers;
(d) all forms necessary or convenient in the administration of
this Code;
(e) inspections, investigations, searches, seizures, and other
activities required for administration and enforcement of the Code;
(f) establishing penalties, which shall include aggravating and
mitigating factors to be considered;
(g) limitation of number of licensees as to any area or
vicinity;
(h) misrepresentation, unfair practices, and unfair competition;
(i) control of signs and other displays on licensed premises;
(j) use of screens;
(k) identification of licensees and their employees;
(l) storage and transportation;
(m) health and sanitary requirements;
(n) standards of purity and labeling;
(o) licensee recordkeeping and reporting requirements;
(p) practices designed to increase the consumption of alcoholic
beverages;
(q) testing of the alcohol content of alcoholic beverages sold
by licensees;
(r) sales rooms; or
(s) other matters necessary for the fair and comprehensive
administration of this Code.
(3) Nothing in this Code shall be construed as delegating to the
Tribal Licensing Authority the power to fix prices. The Tribal
Licensing Authority shall make no regulation that would abridge the
right of any licensee to advertise the place of business or the
commodities sold by such licensee fairly, honestly, and lawfully.
26-2-102. Records--Inspection. Until the Tribal Licensing
Authority adopts regulations pertaining to recordkeeping, each
licensee shall:
(1) maintain complete financial accounting records, invoices,
copies of orders, shipping instructions, bills of lading, weigh
bills, correspondence, and all other records necessary to show fully
the alcoholic beverage transactions of such licensee, all of which
shall be made available to the Tribal Licensing Authority during
business hours for inspection and examination; and
(2) furnish any information the Tribal Licensing Authority
considers necessary for the proper administration of this Code.
(3) The Tribal Licensing Authority may require a Licensee, at
their own expense, to obtain an audit of the required records. The
Tribal Licensing Authority shall select the auditor, who shall have
access to all relevant books and records of such licensee.
26-2-103. Duties of Peace Officers. Tribal peace officers shall
have the authority to enforce the provisions of this Code and
regulations issued by the Tribal Licensing Authority.
Article 3. Classes of License
26-3-101. Classes of License. The licenses to be issued by the
Tribal Licensing Authority pursuant to this Code shall be as
follows:
(1) Retail Liquor Store License
(2) Beer License
(3) Beer and Wine License
(4) Hotel and Restaurant License
(5) Tavern License
(6) Gaming Tavern License
(7) Lodging and Entertainment License
(8) Racetrack & Fairgrounds License
[[Page 10819]]
(9) Optional Premises License
(10) Special Events License.
26-3-102. License Fees. Applicants and licensees shall pay fees
to the Tribal Licensing Authority in accordance with the Fee
Schedule approved by Tribal Council. Such fees may include, but not
be limited to, application fees, annual license fees, manager
registration fees, and background check fees.
26-3-103. Retail Liquor Store License.
(1) A retail liquor store license shall be issued to persons
selling alcoholic beverages only in sealed containers not to be
consumed at the place where sold. Alcoholic beverages in sealed
containers shall not be sold at retail other than in retail liquor
stores.
(2) A retail liquor store shall not sell food items that could
constitute a snack, a meal, or portion of a meal.
(3) A retail liquor store shall purchase alcoholic beverages
only from a licensed wholesaler.
(4) A retail liquor store may:
(a) sell any non-alcohol products, but only if the annual gross
revenues from the sale of non-alcohol products do not exceed 20% of
the retail liquor store's total annual gross sales revenues. For
purposes of calculating the annual gross revenues from the sale of
non-alcohol products, sales revenues from the following products are
excluded: lottery products; cigarettes, tobacco products, and
nicotine products; ice, soft drinks, and mixers; non-food items
related to the consumption of alcoholic beverages.
(b) sell nonfood items related to the consumption of alcoholic
beverages; liquor filled candy; and food items related to the
consumption of alcoholic beverages and sold solely for the purpose
of cocktail garnish.
(c) display promotional material furnished by a manufacturer or
wholesaler, which material permits a customer to purchase other
items from a third person if the retail liquor store licensee does
not receive payment from the third person and if the ordering of the
additional merchandise is done by the customer directly from the
third person.
26-3-104. Licenses for On-Premises Consumption.
(1) Generally. The following provisions apply to all On-Premises
Consumption License types.
(a) Persons licensed pursuant to Sec. 26-3-104 shall purchase
alcoholic beverages only from a properly licensed wholesaler, except
as provided in subparagraph (b).
(b) Persons licensed pursuant to Sec. 26-3-104 may purchase not
more than two thousand dollars' worth of alcoholic beverages during
a calendar year from a retail liquor store. Licensees shall maintain
records, including receipts, of each purchase of alcoholic beverages
at a retail liquor store. Receipts shall contain the name of the
retail liquor store, the date of purchase, a description of the
alcoholic beverages purchased, and the price paid for such purchase.
Such receipt shall be retained and shall be available to the Tribal
Licensing Authority at all times during business hours.
(c) Each license shall be granted for specific premises,
including optional premises approved by the Tribal Licensing
Authority for Hotel and Restaurant licenses, and issued in the name
of the owner or lessee of the business, or, in the case of a tribal
entity, the business name.
(2) Registered Manager Required for Hotel and Restaurant,
Tavern, Lodging and Entertainment, and Racetrack and Fairgrounds
Licenses. Hotel and restaurant, tavern, lodging and entertainment,
and racetrack and fairgrounds licensees are required to comply with
the provisions in this subsection (2) in addition to their
respective license-specific requirements detailed below in
subsections (3), (4), (6), and (7).
(a) Each licensee holding a tavern license, racetrack and
fairgrounds license, hotel and restaurant, or lodging and
entertainment license shall manage the licensed premises or employ a
separate and distinct manager on the premises and shall report the
name of the manager to the Tribal Licensing Authority.
(b) The registered manager for each licensee shall purchase
alcoholic beverages for one licensed premises only, and such
purchases shall be separate and distinct from purchases for any
other license in a particular class.
(c) When a person ceases to be a registered manager of a
licensee, the licensee shall notify the licensing authority within 5
days and shall designate a new registered manager within 30 days. It
is unlawful for the licensee to fail to report the name of or any
change in managers, and failure to report shall be grounds for
suspension of the license.
(d) The Tribal Licensing Authority may refuse to accept any
person as a registered manager unless the person is satisfactory as
to character, record, and reputation. In determining a registered
manager's character, record, and reputation, the Tribal Licensing
Authority may request, and the proposed manager shall provide or
consent to, access to credit history, employment history, and
criminal history information furnished by a criminal justice agency
subject to any restrictions imposed by such agency.
(3) Hotel and Restaurant License.
(a) Except as otherwise provided, the Tribal Licensing Authority
may issue a hotel and restaurant license to persons selling
alcoholic beverages in the place where such liquors are to be
consumed, subject to the following restrictions:
(i) Restaurants shall sell alcoholic beverages only to customers
of the restaurant, and only if meals are actually and regularly
served and provide not less than 25% of the gross income from sales
of food and drink of the business of the licensed premises over a
time period of at least a year;
(ii) Notwithstanding any provision of this Code to the contrary,
a restaurant may permit the licensee to reseal and the customer to
remove from the licensed premises one opened container of partially
consumed wine purchased on the premises, so long as the originally
sealed container did not contain more than 750 milliliters of wine;
(iii) Hotels shall sell alcoholic beverages as provided in this
section only to customers of the hotel and, except in hotel rooms,
only on the licensed premises where meals are actually and regularly
served and provide not less than 25% of the gross income from sales
of food and drink of the business of the licensed premises; and
(iv) Hotel and restaurant licensees who are open for business
and selling alcoholic beverages by the drink shall serve meals
between the hours of 8 a.m. and 8 p.m. and meals or light snacks and
sandwiches after 8 p.m.
(b) Notwithstanding any provision of this Code to the contrary,
a hotel licensed pursuant to this Code, may:
(i) Furnish and deliver complimentary alcoholic beverages in
sealed containers for the convenience of its guests; and
(ii) Sell alcoholic beverages provided by the hotel in sealed
containers, at any time, by means of a mini-bar located in hotel
guest rooms, to registered guests 21 years of age or older of the
hotel for consumption in such guest rooms if the price of the
alcoholic beverages is clearly posted. For purposes of this section,
``mini-bar'' means a closed container, either non-refrigerated or
refrigerated in whole or in part, access to the interior of which is
restricted by means of a locking device that requires the use of a
key, magnetic card, or similar device or which is controlled at all
times by the hotel. Individual containers of alcoholic beverages in
a mini-bar shall not have a volume of more than 500 milliliters.
(c) Hotel and restaurant licensees shall maintain a bona fide
restaurant business and not a mere pretext of such for obtaining a
hotel and restaurant license.
(4) Tavern License. The Tribal Licensing Authority may issue a
tavern license to persons selling alcoholic beverages by the drink
to customers only for consumption on the premises. The licensee
shall have available for consumption on the premises during business
hours sandwiches and light snacks but need not offer full meals.
(5) Gaming Tavern License.
(a) The Tribal Licensing Authority may issue a gaming tavern
license to persons who sell alcoholic beverages by the drink only
for consumption on the premises, and who sell sandwiches and light
snacks or who contract with an establishment that provides such food
services within the same building as the licensed premises.
(b) Nothing in this Article shall permit more than one gaming
tavern license per building where the licensed premises are located.
(6) Lodging and Entertainment License.
(a) The Tribal Licensing Authority may issue a lodging and
entertainment license to a lodging or entertainment facility selling
alcoholic beverages by the drink to customers only for consumption
on the premises. A lodging and entertainment facility licensee shall
have sandwiches and light snacks available for consumption on the
premises during business hours but need not offer full meals.
(b) ``Lodging and entertainment facility'' means an
establishment that is either:
(i) a lodging facility, the primary business of which is to
provide the public with sleeping rooms and meeting facilities; or
(ii) an entertainment facility, the primary business of which is
to provide the public with sports or entertainment activities within
its licensed premises; and incidental to its primary business, sells
and serves alcoholic beverages at retail for consumption on the
[[Page 10820]]
premises and has sandwiches and light snacks available for
consumption on the premises.
(7) Racetrack and Fairgrounds License.
(a) A racetrack and fairgrounds licensee may sell alcoholic
beverages by the drink for consumption on the premises only to
customers and shall have sandwiches and light snacks available for
consumption on the premises during business hours.
(b) A racetrack license is only required for premises where live
horse racing occurs.
(8) Beer License. The Tribal Licensing Authority may issue a
Beer License to persons selling fermented malt beverages only by the
drink for consumption on the premises. Beer licensees shall have
available for consumption on the premises during business hours
sandwiches and light snacks, but need not have full meals available.
(9) Beer and Wine License. The Tribal Licensing Authority may
issue a Beer and Wine License to persons selling fermented malt
beverages or wine only by the drink for consumption on the premises.
Beer and Wine licensees shall have sandwiches and light snacks
available for consumption on the premises during business hours but
need not have full meals available.
26-3-105. Optional Premises License. The Tribal Licensing
Authority may grant an optional premises license, as defined in
Sec. 26-1-103(13), to persons selling alcoholic beverages by the
drink only to customers for consumption on the optional premises and
for storing alcoholic beverages in a secure area on or off the
optional premises for future use on the optional premises.
26-3-106. Special Events License.
(1) Qualifications of Organizations for Special Events Licenses.
The Tribal Licensing Authority may issue a special event license to
qualified organizations and political candidates under this
provision for the sale of alcoholic beverages by the drink only.
Exemption: organizations listed in this subsection (1) do not need
to apply for a special event license if they are not charging for
alcoholic beverages other than a charge for admission or
participation that is uniform to all attendees regardless of whether
the participant consumes alcoholic beverages at the event.
(a) Entities eligible for special events licenses are the
following:
(i) an organization that has been incorporated under the laws of
the Southern Ute Indian Tribe or the State of Colorado for purposes
of a social, fraternal, patriotic, political, or athletic nature,
and not for pecuniary gain;
(ii) municipalities, counties, or special districts;
(iii) a non-profit organization that is a regularly chartered
branch, lodge, or chapter of a national organization or society
organized for social, fraternal, patriotic, political, educational,
or athletic purposes;
(iv) an organization that is an established religious or
philanthropic institution;
(v) a political candidate who has filed the necessary reports
and statements with the Southern Ute Indian Tribe or the Secretary
of State of Colorado;
(vi) a division, entity, or department of the Southern Ute
Indian Tribe; or
(vii) a facility owned by the Tribe at which productions or
performances of an artistic nature are presented or to recreation
facilities owned by the Tribe; and
(viii) an organization or person that the Tribal Licensing
Authority determines meets the general guidelines described above.
(b) A special event license may be issued under this section
notwithstanding the fact that the special event is to be held on
premises already licensed under this Code.
(c) The holder of a special event license shall be responsible
for any violation of this Code that occurs at the special event.
(d) Notwithstanding other provisions in this Code, applicants
for a Special Event license shall submit applications for Special
Events no later than 60 days prior to the scheduled event.
(2) Restrictions Related to Special Event Licenses.
(a) Special event licensees shall sell licensed beverages by the
drink only for consumption on the licensed premises.
(b) Each special event license shall be issued for a specific
location and is not valid for any other location.
(c) A special event license authorizes the licensee to sell or
offer only the alcoholic beverages specified in the license.
(d) A special events licensee shall serve alcoholic beverages
only between the hours of 7 a.m. of the day specified in the special
event license and 2 a.m. of the day immediately following.
(e) All persons selling or serving alcohol at a special event
must have a valid, current Training for Intervention Procedures
(TIPS) certification or an equivalent alcohol server and seller
certification.
(f) A special event license may not be issued to any
organization for more than 15 days in one calendar year.
(g) No issuance of a special event license shall have the effect
of requiring the Tribal Licensing Authority to issue another license
upon any subsequent application by an organization.
(h) Sandwiches or light snacks shall be available during all
hours of service of alcoholic beverages, but full meals need not be
available.
(i) The Tribal Licensing Authority may require any applicant to
post a performance bond to assure compliance with the provisions of
this Code.
(g) Nothing in this article shall be construed to prohibit the
sale or dispensing of alcoholic beverages on any closed street,
highway, or public byway for which a special event license has been
issued.
(3) Public Notice and Hearing.
(a) Public notice of the proposed special event license and the
procedure for protesting issuance of the license shall be
conspicuously posted, with the date of the posting, at the proposed
location for at least 10 days before approval of the license by the
Tribal Licensing Authority and at public or governmental buildings
in the area, such as the post office, library, and tribal and town
administration buildings.
(b) The Tribal Licensing Authority shall schedule a hearing if,
after investigation and upon review of the contents of any protest
filed by affected persons, sufficient grounds appear to exist for
denial of a special event license. Any protest shall be filed by
affected persons within 10 days after the initial posting of the
public notice. Any hearing required by this subsection or any
hearing held at the discretion of the Tribal Licensing Authority
shall be held no sooner than the expiration of the initial posting
of the public notice, and notice shall be provided to the applicant
and any person who has filed a protest.
(4) Grounds for Denial. The Tribal Licensing Authority may deny
the issuance of a special event license upon:
(a) a determination that the organization or person requesting
the license does not meet the eligibility qualifications;
(b) cultural grounds;
(c) grounds that such issuance would be injurious to the public
welfare;
(d) its location within the Reservation; or
(e) the failure of the applicant in a past special event to
comply with applicable laws and regulations.
Article 4. Licensing Process
26-4-101. Application for License.
(1) Applications for licenses shall be submitted to the Tribal
Licensing Authority on forms prepared and provided by the Tribal
Licensing Authority and shall contain sufficient information to
enable the Tribal Licensing Authority to determine whether a license
should be granted. The form shall include:
(a) the name and address of the applicant:
(i) if a government, the name of the highest government official
or names of the people who serve on the governing body;
(ii) if a partnership, the names and addresses of all the
partners; or
(iii) if a corporation, association, or other organization, the
names and addresses of the president, vice president, secretary, and
managing officer,
(b) along with all other information deemed necessary by the
Tribal Licensing Authority.
(2) Each application shall be verified by the oath or
affirmation of the applicant or appropriate representative of the
applicant as authorized by the Tribal Licensing Authority.
(3) At the time of application, the applicant shall file plans
and specifications for the interior of the building if the building
to be occupied already exists. If the building is not in existence,
the applicant shall file a plot plan and a detailed sketch of the
interior and, where available, shall submit an architect's drawing
of the building to be constructed. The Tribal Licensing Authority
may impose additional requirements necessary for the approval of the
application.
(4) An applicant for a license shall submit fingerprints. The
Tribal Licensing Authority shall conduct, or use a State or Federal
agency to conduct, a fingerprints-based criminal history record
check. Because tribal employees undergo a criminal history record
check prior to becoming employed, this requirement does not apply if
the applicant is the Tribe, a tribal department or entity, or a
business wholly owned by the Tribe.
(5) The Tribal Licensing Authority shall require a complete
disclosure of all persons having a direct or indirect financial
interest,
[[Page 10821]]
and the extent of such interest, in each hotel and restaurant and
gaming tavern license under this Code. A willful failure to report
and disclose the financial interests of all persons having a direct
or indirect financial interest in a hotel and restaurant license or
gaming tavern license shall be grounds for suspension or revocation
of such license by the Tribal Licensing Authority. This requirement
does not apply if the applicant is the Tribe, a tribal department or
entity, or a business wholly owned by the Tribe.
26-4-102. Public Notice--Posting and Publication.
(1) Upon receipt of an application, except an application for
renewal or for transfer of ownership, the Tribal Licensing Authority
shall schedule a public hearing not less than 30 days from the date
of the application and shall post and publish the public notice not
less than 10 days prior to the hearing.
(2) Public notice shall consist of:
(a) posting a sign in a conspicuous place on the premises
described in the application;
(b) publication in a newspaper of general circulation on the
Reservation; and
(c) at public or governmental buildings in the area, such as the
post office, library, and tribal and town administration buildings.
(3) Notice given by posting shall include a sign of suitable
material, not less than 22 inches wide and 26 inches high, composed
of letters not less than one inch in height and stating the type of
license applied for, the date of the application, the date of the
hearing, and the name and address of the applicant, and such other
information as may be required to fully apprise the public of the
nature of the application. If the applicant is a partnership, the
sign shall contain the names and addresses of all partners, and if
the applicant is a corporation, association, or other organization,
the sign shall contain the names and addresses of the president,
vice president, secretary, and manager or other managing officers.
If the applicant is the Tribe, a tribal department or entity, or a
business wholly owned by the Tribe, the sign need only contain the
names and business addresses of the relevant officials or managing
officers.
(4) Notice given by publication shall contain the same
information as that required for signs.
(5) If the building in which alcoholic beverages are to be sold
is in existence at the time of the application, any sign posted as
required by this section shall be placed where it is conspicuous and
plainly visible to the general public. If the building is not
constructed at the time of the application, the applicant shall post
the notice on the premises where the building is to be constructed
in such a manner that the notice shall be conspicuous and plainly
visible to the general public.
26-4-103. Results of Investigation--Factors in Decision.
(1) Not less than 5 days prior to the hearing date, the Tribal
Licensing Authority shall provide its written findings based on its
investigation to the applicant and other interested parties.
(2) Before entering any decision approving or denying the
application, the Tribal Licensing Authority shall consider, except
where this Code specifically provides otherwise:
(a) the facts and evidence collected as a result of the Tribal
Licensing Authority's investigation, as well as any other facts;
(b) any license conditions to accommodate the reasonable
requirements of the neighborhood where the premises are or will be
located;
(c) the desires of the community members as evidenced by
petitions, protest, or otherwise;
(d) the number, type, and availability of alcoholic beverage
outlets located in or near the neighborhood under consideration;
(e) any other relevant matters affecting the qualifications of
the applicant to conduct the type of business proposed; and
(f) any cultural or traditional considerations that may affect
the granting of any license.
(3) Before granting any license, the Tribal Licensing Authority
may:
(a) visit and inspect the property where the applicant proposes
to conduct business; and
(b) investigate the fitness to conduct such business of any
person or the officers and directors of any corporation applying for
a license.
(4) In investigating the applicant's or a licensee's
qualifications, the Tribal Licensing Authority may have access to
criminal history record information furnished by a criminal justice
agency, subject to any restrictions imposed by such agency.
(a) If the Tribal Licensing Authority takes into consideration
information concerning the applicant's criminal history record, the
Tribal Licensing Authority shall also consider any information
provided by the applicant regarding their criminal history,
including but not limited to, evidence of rehabilitation, character
references, and educational achievements, particularly those items
pertaining to the period of time between the applicant's last
criminal conviction and submission of the application for a license.
(b) The Tribal Licensing Authority shall consider any relevant
circumstances related a criminal conviction or other moral turpitude
offense to determine whether the applicant is a person of good moral
character at the time of the license application.
(5) The Tribal Licensing Authority may deny the issuance of any
new tavern or retail liquor store license whenever such authority
determines that the issuance of the license would result in, or add
to an undue concentration of, the same class of license or require
the use of additional law enforcement resources.
(6) With respect to a second or additional license, the Tribal
Licensing Authority shall consider the effect on competition in
granting or disapproving additional licenses to the licensee. The
Tribal Licensing Authority shall not approve an application for a
second or additional hotel and restaurant license that would have
the effect of restraining competition.
(7) No license provided by this Code shall be issued to or held
by:
(a) any person until the annual fee has been paid;
(b) any person who is not of good moral character;
(c) any corporation, any of whose officers, directors, or
stockholders holding 10% or more of the outstanding and issued
capital stock thereof, or any partnership, association, or company,
any of whose officers, or any of whose members holding 10% or more
interest therein, are not of good moral character;
(d) any person employed by, assisted by, or financed in whole or
in part by any other person who is not of good character and
reputation satisfactory to the Tribal Licensing Authority;
(e) any peace officer, tribal attorney, Tribal Council member,
or Tribal Licensing Authority employee;
(f) any person unless such person's character, record, and
reputation are satisfactory to the Tribal Licensing Authority; or
(g) any natural person under 21 years of age.
(8) The Tribal Licensing Authority shall not process or issue a
new license to any person whose business location is within one
thousand feet of an academic institution.
(9) The Tribal Licensing Authority shall refuse an alcoholic
beverage license if;
(a) the premises on which the applicant proposes to conduct
business do not meet the requirements of this Code;
(b) if the character of the applicant or its officers or
directors is such that violations of this Code would be likely to
result if a license were granted; or
(c) if, in the Tribal Licensing Authority's opinion, licenses
already granted for the particular location are adequate for the
reasonable needs of the community.
26-4-104. Hearing.
(1) At the public hearing held pursuant to this section, any
party of interest shall be allowed to present evidence and to cross-
examine witnesses.
(2) ``Party in interest'' means any of the following:
(a) The applicant;
(b) A Southern Ute Tribal member;
(c) A resident of the neighborhood where the licensed premises
are or will be located;
(d) Neighborhood business owners or managers where the licensed
premises are or will be located; or
(e) The principal or representative of any academic institution
located within one thousand feet of the premises for which the
license is under consideration.
(3) The Tribal Licensing Authority, in its discretion, may limit
the presentation of evidence and cross-examination to prevent
repetitive and irrelevant evidence or examination.
(4) In any hearing held by the Tribal Licensing Authority, if
requested by the Tribal Licensing Authority, no person may refuse to
testify or provide other information on the ground of self-
incrimination.
(5) No testimony or other information produced in a licensing
hearing or any information directly or indirectly derived from such
testimony may be used against a person in any criminal prosecution
based on a violation of this Code, except a prosecution for perjury
committed when testifying in a licensing hearing. Continued refusal
to testify or provide other information shall constitute
[[Page 10822]]
grounds for refusal, suspension, or revocation of any license
granted pursuant this Code.
(6) The Tribal Licensing Authority shall record the hearing
proceedings.
26-4-105. Licensing Decisions.
(1) The Tribal Licensing Authority has the authority to deny a
license application for good cause. Denials are subject to judicial
review by the Administrative Appeals and Hearings Office.
(2) ``Good cause'', for the purpose of refusing or denying a
license renewal or initial license issuance, means:
(a) The licensee or applicant has violated, does not meet, or
has failed to comply with any of the terms, conditions, or
provisions of this Code or any regulations promulgated pursuant to
this Code;
(b) The licensee or applicant has failed to comply with any
special terms or conditions that were placed on its license in prior
disciplinary proceedings or that arose in the context of potential
disciplinary proceedings;
(c) Issuance of the license is inconsistent with the reasonable
requirements of the neighborhood or the desires of the neighborhood;
(d) Evidence that the licensed premises have been operated in a
manner that adversely affects the public health, welfare, or safety
of the immediate neighborhood in which the establishment is located,
which evidence must include a continuing pattern of fights, violent
activity, or disorderly conduct; or
(e) Cultural grounds.
(3) Within 30 days after the date of the public hearing, the
Tribal Licensing Authority shall issue a written decision approving
or denying an application and stating the reasons for the decision.
The Tribal Licensing Authority shall deliver a copy of its decision
to the applicant by hand or by certified first class mail to the
address shown in the application.
(4) No license shall be denied arbitrarily or without good
cause.
26-4-106. License Issuance, Use, and Display.
(1) All licenses granted and issued pursuant to this Code shall
specify the date of issuance, the type of license, the date of its
expiration, the name of the licensee, and the physical location
where the license is to be used.
(2) All licenses granted pursuant to this Code shall be valid
for one year from the date of issuance unless revoked or suspended
pursuant this Code.
(3) A separate license shall be issued for each specific
business or business entity and each physical location, and the
particular alcoholic beverages the applicant is authorized to sell
shall be described in the license.
(4) Each license issued is separate and distinct, and it is
unlawful for any person to exercise any of the privileges granted
under any license other than that which he holds or for any licensee
to allow another person to exercise such privileges granted under
this license.
(5) No license shall be issued by the Tribal Licensing Authority
after approval of an application until the building where the
business is located is ready for occupancy with furniture, fixtures,
and equipment in place in compliance with this Code and the license
conditions, and then only after the Tribal Licensing Authority
inspects the premises to determine that they are constructed or
organized consistent with the floor plan submitted with the
application.
(6) For purposes of this section, a hotel and restaurant license
with optional premises, and an optional premise license located in
an outdoor sports or recreational facility, shall be considered a
single business and location.
(7) At all times a licensee shall possess and maintain
possession of the premises for which the license is issued through
ownership, lease, rental, or other arrangement for possession.
Failure to maintain possession will result in suspension or
revocation.
(8) Licensees shall ensure that a license granted and issued
pursuant to this Code is always conspicuously displayed in the
premises for which the license is issued.
26-4-107. License Renewal.
(1) 90 days prior to the expiration date of an existing license,
the Tribal Licensing Authority shall notify the licensee of the
expiration date by certified first class mail at the address on file
with the Tribal Licensing Authority. Licensees shall apply for
renewal of an existing license no less than 45 days prior to the
date of expiration.
(2) The Tribal Licensing Authority may hold a hearing on the
renewal application if the circumstances found Sec. 26-4-103(7)
indicate a need for reconsideration of licensure. The Tribal
Licensing Authority shall not hold a renewal hearing until a notice
of hearing has been provided to the applicant and conspicuously
posted on the licensed premises for a period of at least 10 days
prior to the hearing.
(3) The Tribal Licensing Authority may refuse to renew any
license for good cause, subject to judicial review by the
Administrative Appeals and Hearings Office.
(4) The Tribal Licensing Authority may, for good cause, waive
the time requirements set forth in this section.
26-4-108. Suspension and Revocation.
(1) In addition to other penalties prescribed by this Code, the
Tribal Licensing Authority has the power, on its own motion or on
complaint, after investigation and public hearing at which the
licensee shall be afforded an opportunity to be heard, to suspend or
revoke any license for any violation of this Code, its implementing
regulations, or the license terms, conditions, or provisions by the
licensee or by any of its agents, servants, or employees. A
violation of this Code, any implementing regulations, or of license
requirements or conditions shall be grounds for a suspension or
revocation.
(2) In addition, the Tribal Licensing Authority, in its
discretion, may revoke or elect not to renew a license if it
determines that the licensed location has been inactive, without
good cause, for at least one year.
(3) The Tribal Licensing Authority shall provide notice of
suspension or revocation, as well as any required notice of a
hearing, in writing by hand delivery or certified first class mail
to the licensee at the address on file. Any license may be
temporarily suspended by the Tribal Licensing Authority without
notice pending any prosecution, investigation, or public hearing.
(4) Nothing in this Code shall prevent temporary or immediate
suspension of a license for a period not exceeding 15 days. No
suspension under this section shall be for a period longer than 6
months.
(5) Whenever any license is suspended or revoked, the Tribal
Licensing Authority shall not return or refund any part of a
licensing fee to the licensee and the licensee is prohibited from
serving or selling alcohol until the license is reinstated or the
Tribal Licensing Authority grants a new license.
26-4-109. Administrative Review. Any person requesting a review
of a Tribal Licensing Authority final decision to refuse, deny,
suspend, deny a transfer, or revoke a license shall apply for review
to the Administrative Appeals and Hearings Office (``AAHO'') within
30 days after the date of the Tribal Licensing Authority's final
decision.
(1) The AAHO shall determine by clear and convincing evidence
whether the final decision was arbitrary and without good cause, and
if so finding, the AAHO shall order the Tribal Licensing Authority
to issue the license.
(2) The decision of the AAHO may be appealed to the Southern Ute
Indian Tribal Court in accordance with Title 1, Article 5 of the
Southern Ute Indian Tribe Law and Order Code. The person requesting
review shall be required to pay the cost of preparing a transcript
of proceedings before the Tribal Licensing Authority when such a
transcript is demanded by the person taking the appeal or when such
a transcript is furnished by the Tribal Licensing Authority pursuant
to AAHO or Tribal Court order.
26-4-110. Transfer of Ownership.
(1) No license granted under the provisions of this Code shall
be transferable except as provided in this subsection, but this
shall not prevent a change of location as otherwise authorized
pursuant to this Code.
(2) When a license has been issued to a husband and wife, or to
general or limited partners, the death of a spouse or partner shall
not require the surviving spouse or partner to obtain a new license.
All rights and privileges granted under the original license shall
continue in full force and effect as to the survivor(s) for the
remainder of the license period.
(3) For any other transfer of ownership, the person receiving
ownership shall submit an application to the Tribal Licensing
Authority on forms furnished by the Tribal Licensing Authority. In
determining whether to permit a transfer of ownership, the Tribal
Licensing Authority shall consider the requirements of Sec. 26-4-
103 and may hold a hearing pursuant to Sec. 26-4-104 on the
application for transfer of ownership. The Tribal Licensing
Authority shall not hold a transfer of ownership hearing until a
notice of hearing has been provided to the applicant and
conspicuously posted on the licensed premises for a period of at
least 10 days prior to the hearing. The new owner shall not serve or
sell alcohol until the license application is granted.
(4) It is unlawful for the licensee to fail to report a transfer
and failure to report a transfer shall be grounds for license
suspension or revocation.
[[Page 10823]]
26-4-111. Changes in Location. A licensee may move his or her
permanent location to any other place within the boundaries of the
Southern Ute Indian Reservation by submitting a change of location
application to the Tribal Licensing Authority, but it shall be
unlawful to sell any alcoholic beverage at any such place until
permission to do so is granted by the Tribal Licensing Authority. In
permitting a change of location, the Tribal Licensing Authority
shall consider the reasonable requirements of the neighborhood to
which the applicant seeks to change his or her location and the
desires of the neighborhood as evidenced by petitions, protests, or
otherwise. In addition, the Tribal Licensing Authority may consider
any cultural or traditional matter that may affect the granting of
any change of location.
PART III--PROHIBITED ACTS--LICENSEES AND ANY OTHER PERSON
Article 5. Liquor Code Violations
26-5-101. Requirements and Prohibited Acts by a Licensee. It is
a violation of this Code for any person licensed pursuant to this
Code:
(1) To sell alcoholic beverages to a visibly intoxicated person.
(2) To sell alcoholic beverages to any person under the age of
21 years.
(a) If a person who is not 21 years of age exhibits a fraudulent
or misappropriated identification or proof of age, any action by a
licensee reasonably relying on such identification or proof of age
shall not constitute grounds for the revocation or suspension of any
license issued under this Code.
(b) If a licensee or a licensee's employee has reasonable cause
to believe that a person is under 21 years of age and is exhibiting
a misappropriated identification or fraudulent proof of age in an
attempt to obtain an alcoholic beverage:
(i) the licensee or employee is authorized to confiscate the
identification or proof of age and shall, within 72 hours after the
confiscation, turn it over to the tribal law enforcement agency. The
failure to confiscate the identification or proof of age or to turn
it over to the tribal law enforcement agency within 72 hours after
the confiscation shall not constitute a criminal offense,
notwithstanding Sec. 26-6-101. Any licensee or his employee acting
in good faith in accordance with the provisions of this subsection
shall be immune from any liability, civil or criminal.
(ii) the licensee or licensee's employee or any peace officer,
acting in good faith and upon probable cause, may detain and
question such person in a reasonable manner to ascertain whether the
person is guilty of any unlawful act under this article. Such
questioning of a person by a licensee, licensee's employee, or a
peace officer does not render the licensee, the licensee's employee,
or a peace officer civilly or criminally liable for slander, false
arrest, false imprisonment, malicious prosecution, or unlawful
detention.
(c) Each licensee shall display a printed card that contains a
notice of the provisions of subsection Sec. 26-5-101(12).
(3) To sell to a consumer for consumption on or off the licensed
premises unless the licensee verifies that the consumer is at least
21 years of age by requiring the consumer to present a valid
identification. The licensee or employee shall make a determination
from the information presented whether the purchaser is at least 21
years of age. However, if a consumer is or reasonably appears to be
over fifty years of age and fails to present an acceptable form of
identification, such sale is not unlawful.
(4) To permit a person under eighteen years of age to sell,
dispense, serve, or participate in the sale, dispensing, or serving
of any alcoholic beverage.
(5) To employ a person to sell, dispense, or serve alcoholic
beverages if that person does not meet the following minimum age
requirements:
(a) at a retail liquor store, a person younger than 21 years old
shall not handle, sell, or engage in any activity involving
alcoholic beverages.
(b) at a tavern or lodging and entertainment facility that does
not regularly serve meals, a person younger than 21 years old shall
not handle, sell, or engage in any activity involving alcoholic
beverages.
(c) at any other premises licensed for on-premises consumption,
a person under 21 years of age may not sell, dispense, or serve
alcoholic beverages unless he or she is supervised by another person
who is on premises and who is at least 21 years old.
(6) To serve, sell, or distribute during prohibited hours of
service. Prohibited hours of service are the following:
(a) For consumption on the premises, 2:00 a.m. to 7:00 a.m.
(b) In sealed containers, 12:00 midnight to 8 a.m.
(c) These days and hours may be limited by resolution of the
Tribal Council in recognition of a tribal holiday and may be
expanded by resolution of the Tribal Council if the State of
Colorado's statutes or rules change to expand the hours of lawful
alcohol sales or service.
(7) To sell or serve alcohol without a certification of training
obtained in accordance with the following requirements:
(a) the training shall be obtained from a vendor on the Colorado
Approved Vendor List for Responsible Alcohol Beverage Vendors within
the first 30 days of employment as a seller or server of alcohol;
(b) the seller or server shall obtain a certification of
attendance and a passing score on any required exam and shall submit
the certification to the Tribal Licensing Authority;
(c) the seller or server shall obtain recertification every 3
years or within 30 days of certification expiration.
(8) To offer for sale or solicit any order for alcoholic
beverages at retail except within a licensed premises.
(9) To have any alcoholic beverages not permitted by the license
in the licensed premises.
(10) To buy any alcoholic beverages from any person not licensed
to sell at wholesale except as otherwise provided in this Code.
(11) To sell at retail alcoholic beverages except in the
permanent location specifically designated in the license for such
sale, as authorized in this Code.
(12) To fail to display at all times in a prominent place on
premises licensed for retail sale a printed card with a minimum
height of 14 inches and a width of 11 inches with each letter to be
a minimum of one-half inch in height, which shall read as follows:
WARNING
IT IS ILLEGAL TO SELL ALCOHOLIC BEVERAGES TO ANY PERSON UNDER 21 YEARS
OF AGE AND IT IS ILLEGAL FOR ANY PERSON UNDER 21 YEARS OF AGE TO
POSSESS OR TO ATTEMPT TO PURCHASE THE SAME.
IDENTIFICATION CARDS WHICH APPEAR TO BE FRAUDULENT WHEN PRESENTED BY
PURCHASERS MAY BE CONFISCATED BY THE ESTABLISHMENT AND TURNED OVER TO A
LAW ENFORCEMENT AGENCY.
IT IS ILLEGAL IF YOU ARE 21 YEARS OF AGE OR OLDER FOR YOU TO PURCHASE
AN ALCOHOLIC BEVERAGE FOR A PERSON UNDER 21 YEARS OF AGE.
FINES AND IMPRISONMENT MAY BE IMPOSED FOR VIOLATION OF THESE
PROVISIONS.
(13) To sell alcoholic beverages for consumption on the premises
unless licensed to sell alcohol for consumption on the premises.
(14) To display or cause to be displayed, on the licensed
premises, any exterior sign advertising any particular brand of malt
liquors that is not sold or dispensed on the licensed premises.
(15) To employ or permit, if such person is licensed to sell
alcoholic beverages for on-premises consumption or is the agent or
manager of the licensee, any employee, server, entertainer, host,
hostess, or agent of the licensee to solicit from patrons in any
manner, for himself or herself or for any other employee, the
purchase of any alcoholic beverage.
(16) To have on the licensed premises, if licensed as a retail
liquor store, any container that shows evidence of having been
opened or that contains a volume of alcoholic beverage less than
that specified on the label of the container. This provision does
not apply to duly authorized tastings nor to damaged or defective
products that have been marked as such and stored outside the sales
area.
(17) Unless otherwise provided in this Code, it is unlawful for
a person who is licensed to sell alcoholic beverages for consumption
on the licensed premises to knowingly permit the removal of an
alcoholic beverage from the licensed premises.
(a) A licensee shall not be charged with permitting the removal
of an alcoholic beverage from the licensed premises when the
licensee has posted a sign at least ten inches wide and six inches
high by each exit used by the public that contains the following
notice in type that is at least one-half inch in height:
[[Page 10824]]
``WARNING''
DO NOT LEAVE THE PREMISES OF THIS ESTABLISHMENT WITH AN ALCOHOLIC
BEVERAGE.
IT IS ILLEGAL TO CONSUME AN ALCOHOLIC BEVERAGE IN A PUBLIC PLACE.
A FINE MAY BE IMPOSED FOR A VIOLATION OF THIS PROVISION.
Such signs posted by a Gaming Tavern must be at least twelve
inches wide and eighteen inches high.
26-5-102. Unlawful Financial Assistance.
(1) It is unlawful for any licensee pursuant to this Code to
receive and obtain, directly or indirectly, from any manufacturer,
limited winery, wholesaler, or importer of alcoholic beverages, or
any entity with a financial interest in any of these businesses:
(a) any financial assistance;
(b) any equipment, fixtures, chattels, or furnishings used in
the storing, handling, serving, or dispensing of food or alcoholic
beverages within the premises; or
(c) any assistance in making any structural alterations or
improvements in or on the building where the licensed premises are
located.
(d) This subsection does not apply to signs or displays within
licensed premises or to advertising materials that are intended
primarily to advertise the product of the wholesaler or manufacturer
and that have only negligible value in themselves or to the
inspection and servicing of alcohol dispensing equipment to the
extent necessary for the maintenance of reasonable standards of
purity, cleanliness, and health.
(2) It is unlawful for any owner, part owner, shareholder,
stockholder, or any person with an interest in any retail business
or establishment of a licensee to enter into any agreement with any
person or party or to receive, possess, or accept any money,
fixtures, supplies, or thing of value from any person or party,
whereby a licensee may be influenced or caused, directly or
indirectly, to buy, sell dispense, or handle the product of any
manufacturer of alcoholic beverages. This subsection shall not apply
to displays within such premises.
(3) Any transaction, agreement, or arrangement prohibited by the
provisions of this section is unlawful, illegal, and void, and any
obligation or liability arising out of such transaction, agreement
or arrangement is unenforceable by or against any such persons and
parties entering into a prohibited transaction, agreement, or
arrangement.
26-5-103. Violations by Any Person. It is a violation of this
Code for any person:
(1) To sell, serve, give away, dispose of, exchange, deliver, or
procure for, or to permit the sale, serving, giving, disposing of,
exchanging, delivering to, or procuring of any alcoholic beverage
for a visibly intoxicated person.
(2) To sell, serve, give away, dispose of, exchange, deliver, or
procure for, or to permit the sale, serving, giving, disposing of,
exchanging, delivering to, or procuring of any alcoholic beverage
for any person under the age of 21 years.
(a) If a person is found to have violated this Code by selling,
serving, giving away, disposing of, exchanging, delivering,
procuring for or permitting the selling, serving, giving away,
disposing of, exchanging, delivering to, or procuring of any
alcoholic beverage for a person under the age of 21 years, the
Tribal Court shall consider the following:
(i) As a result of consuming the alcohol, the underage person
needed medical assistance; and
(ii) Within six hours after the underage person consumed the
alcohol, the defendant contacted the police or emergency medical
personnel to report that the underage person needed medical
assistance as a result of consuming alcohol.
(3) To obtain or attempt to obtain any alcoholic beverage by
misrepresentation of age or by any other method in any place where
alcoholic beverages are sold if such person is under 21 years of
age.
(4) To, while in any public place, possess or have in one's
control an open container that holds any amount of an alcoholic
beverage.
(5) To possess or consume alcoholic beverages if such person is
under 21 years of age.
(6) To knowingly, or under conditions which a parent or guardian
should have knowledge of, permit any person under 21 years of age,
of whom he may be a parent or guardian, to violate the provisions of
subparagraphs (4) or (5) of this section.
(7) To buy or receive any alcoholic beverage from any person not
licensed to sell at retail as provided by this Code except as
otherwise provided in this Code.
(8) To sell at retail any alcoholic beverages in sealed
containers without holding a retail liquor store license.
(9) To manufacture, sell, or possess for sale any alcoholic
beverage unless such person is licensed to do so with a valid
license; except that when permitted by federal law, a person 21
years of age or older may manufacture, without a license, the amount
permitted by federal law for personal or family use.
(10) It is unlawful for any person to drink or consume alcoholic
beverages or for any person who is the owner, operator, or
proprietor to sell, serve, furnish, or permit the drinking of
alcoholic beverages in any public place or in any facility, except
in or on premises holding a liquor license issued pursuant to this
Code and only during the hours allowed by the Code.
(11) To allow use of premises or provide mixers for alcoholic
beverages without a license or outside of allowed hours.
(12) To knowingly allow and fail to prevent the use of any
identification, including a driver's license, by a person who is
under 21 years of age for the unlawful purchase of any alcoholic
beverage.
(13) To remove an alcoholic beverage from a licensed premises
where the liquor license for such facility allows only on-premises
consumption of alcoholic beverages.
PART IV--ENFORCEMENT AND EXEMPTIONS
Article 6. Enforcement
26-6-101. Civil and Criminal Enforcement for Liquor Code
Violations.
(1) Civil Enforcement.
(a) Except as otherwise provided in this section, any person
violating any provision of this Code or any regulation authorized
and adopted pursuant to this Code as amended, currently or in the
future, has committed a Liquor Code violation.
(b) Upon entry of a judgment:
(i) the violator shall be liable for civil penalties of not more
than $5,000 for each offense;
(ii) the Court may revoke any license granted and issued
pursuant to the provisions of this Code to the violator; and
(iii) the court may decree that no license for the sale of
alcoholic beverages shall be issued to the violator in the future.
(c) The penalties provided in this Title shall not be affected
by the penalties provided in any other section of this Code but
shall be construed to be in addition to or an alternative to any
other penalties.
(2) Criminal Violations of the Liquor Code may result in
criminal prosecution where the Tribal Court has criminal
jurisdiction over the person committing the violation and the
violation constitutes a crime under the Southern Ute Indian Tribal
Code.
26-6-102. Prohibited Testing for Intoxication by Law Enforcement
Officers. No person who is patronizing a licensed premise shall be
required or solicited by any law enforcement officer to submit to
any mechanical test for the purpose of determining the alcohol
content of such person's blood or breath while such person is upon
such licensed premise except to determine if there is a violation of
the Tribe's laws against driving under the influence or driving
while ability impaired, by a driver of a motor vehicle unless the
law enforcement officer is acting pursuant to a court order. No such
test may be performed upon any licensed premises to obtain evidence
of alleged intoxication, except pursuant to a court order or in case
of a medical emergency, regardless of whether such alleged
intoxication is a violation of any provision of this Code.
Article 7. Exemptions
26-7-101. Exemptions.
(1) The provisions of this Code shall not apply to the sale or
distribution of sacramental wines sold and used for religious
purposes.
(2) Notwithstanding any provision of this Code to the contrary,
when permitted by federal law and rules and regulations promulgated
pursuant to federal law, a person 21 years of age or older may
produce for personal use and not for sale an amount of fermented
malt beverage or malt or wine liquor equal to the amount that is
exempt from the federal excise tax on such alcoholic beverage when
produced by a person 21 years of age or older for personal use and
not for sale.
(a) The production of fermented malt beverages or malt or wine
liquors under the circumstances set forth in this subsection (2)
shall be in strict conformity with federal law.
(b) Fermented malt beverages or malt or wine liquors produced
pursuant to the provisions of this subsection (2) shall be exempt
from any tax imposed by this Code, and the producer shall not be
required to obtain any license provided by this Code.
[[Page 10825]]
(c) Malt liquors produced pursuant to this subsection (2) may be
transported and delivered by the producer to any licensed premise
where consumption of malt liquors by persons 21 years of age or
older is authorized for use at organized affairs, exhibitions, or
competitions, such as home brew contests, tasting, or judging.
Consumption shall be limited solely to the participants in and
judges of such events. Malt liquors used for the purposes described
in this paragraph (c) shall be served in portions not exceeding 6
ounces and shall not be sold, offered for sale, or made available
for consumption by the general public.
Article 8. Civil Liability
26-8-101. Interpretation.
(1) The Tribal Council hereby finds, determines, and declares
that this section shall be interpreted so that any common law cause
of action against a vendor of alcoholic beverages is abolished and
that, in certain cases, the consumption of alcoholic beverages,
rather than the sale, service, or provision thereof, is the
proximate cause of injuries or damages inflicted upon another by an
intoxicated person except as otherwise provided in this section.
(2) Civil Liability for Licensees.
(a) No licensee is civilly liable to any injured individual or
his or her estate for any injury to such individual or damage to any
property due to the sale or service of any alcoholic beverage to any
person, except when:
(i) it is proven that the licensee willfully and knowingly sold
or served any alcoholic beverage to such person who was under the
age of 21 years or who was visibly intoxicated; and
(ii) the civil action is commenced within one year after such
sale or service.
(a) No civil action may be brought pursuant to this subsection
by the person to whom the alcoholic beverage was sold or served or
by his or her estate, legal guardian, or dependent.
(b) As used in this section, ``licensee'' means a person
licensed under the provisions of this Code and the agents and
employees of that person.
(3) Civil Liability for Private Social Events.
(a) No person who furnishes any alcoholic beverage at a private
social event shall be civilly liable to any injured individual or
his or her estate for any injury to such individual or damage to any
property suffered, including any action for wrongful death, because
of the intoxication of any person due to the consumption of such
alcoholic beverages, except when:
(i) it is proven that the person who furnished an alcoholic
beverage at a private social event willfully and knowingly sold or
served any alcoholic beverage to such person who was under the age
of 21 years or who was visibly intoxicated; and
(ii) the civil action is commenced within one year after such
service.
(b) No civil action may be brought pursuant to this subsection
by the person to whom the alcoholic beverage was served or by his or
her estate, legal guardian, or dependent.
[FR Doc. 2026-04378 Filed 3-4-26; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on March 5, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.