Notice2026-10421
Pueblo of Taos, New Mexico; Liquor Ordinance 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
May 26, 2026
Effective
May 26, 2026
Issuing agencies
Interior DepartmentIndian Affairs Bureau
Abstract
This notice publishes the amended Pueblo of Taos, New Mexico Liquor Ordinance (Ordinance). The Ordinance amends the previous liquor ordinance published on May 10, 1999.
Full Text
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<title>Federal Register, Volume 91 Issue 100 (Tuesday, May 26, 2026)</title>
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[Federal Register Volume 91, Number 100 (Tuesday, May 26, 2026)]
[Notices]
[Pages 30723-30726]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10421]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[267A2100DD/AAMM001010/A0A600000.000000]
Pueblo of Taos, New Mexico; Liquor Ordinance Amendment
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the amended Pueblo of Taos, New Mexico
Liquor Ordinance (Ordinance). The Ordinance amends the previous liquor
ordinance published on May 10, 1999.
DATES: This Ordinance shall become effective May 26, 2026.
FOR FURTHER INFORMATION CONTACT: Sophia J. Torres, Acting Tribal
Government Specialist, Southwest Regional Office, Bureau of Indian
Affairs, 1001 Indian School Road NW, Albuquerque, NM 87104-2303,
<a href="/cdn-cgi/l/email-protection#5e2d312e36373f702a312c2c3b2d1e3c373f70393128"><span class="__cf_email__" data-cfemail="3b48544b53525a154f5449495e487b59525a155c544d">[email protected]</span></a>; (505) 536-3304.
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 December 1, 2025, the Pueblo of
Taos, New Mexico, adopted this amended Liquor Ordinance by Resolution
No. TPTC 2025-25, which regulates and controls the consumption,
possession, production, and sale of alcoholic beverages within the
Pueblo's territorial jurisdiction.
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 Pueblo of Taos, New Mexico, duly adopted
the amended Pueblo of Taos, New Mexico, Liquor Ordinance by Resolution
No. TPTC 2025-25 dated December 1, 2025.
The Pueblo of Taos, New Mexico, Liquor Ordinance, as amended, shall
read as follows:
Pueblo of Taos Amended Liquor Ordinance
Section I. Introduction
A. Title. The title of this ordinance shall be the Pueblo of Taos
Amended Liquor Ordinance.
B. Authority. This Ordinance is enacted in accordance with the
inherent governmental powers of Pueblo of Taos (Taos Pueblo or the
Pueblo), whose traditional law empowers its Tribal Council to enact
ordinances for the benefit and protection of the Pueblo. Although this
Ordinance is required by 18 U.S.C. 1161 to be in conformance with the
liquor laws of the State of New Mexico, the State has disclaimed any
regulation of liquor on tribal lands in New Mexico.\1\
C. Rules and Regulations. The Tribal Council or its designee may
adopt and enforce rules and regulations necessary for the
implementation of the terms of this Ordinance, which shall include the
setting of any fees or other requirements.
Section II. Purposes
A. Regulation of Sales. Taos Pueblo has opened lands within its
territorial jurisdiction to the consumption, possession, production,
and sale of alcoholic beverages by enacting this Ordinance adopted
pursuant to 18 U.S.C. 1161.
B. Tribal Revenue. Tax revenues generated under this Ordinance
shall be used to support Tribal government operations.
C. Regulation of Personal Possession and Use. Individual use and
possession of alcoholic beverages by persons over the age of 21 within
the territorial jurisdiction of the Pueblo shall be permitted, subject
to the traffic and criminal ordinances and other applicable law or
policies of Taos Pueblo. This provision does not permit individual
persons to engage in unlicensed liquor sales or distribution in
connection with a business transaction such as food sales.
Section III. Definitions
A. ``Alcoholic beverage'' means all alcohol, spirits, liquor, wine,
beer and any liquid or solid containing alcohol, spirits, liquor, wine,
or beer, and which contains one-half of one percent or more of alcohol
by volume and that is fit for human consumption, either alone or when
diluted, mixed, or combined with any other substance(s).
B. ``Business Entity'' means a corporation, firm, partnership,
joint venture, association, or other entity, which may include such an
entity formed by Pueblo.
C. ``Gaming Establishment or Facility'' means each separate
physical building or structure in which Class III Gaming is conducted
on the Pueblo's trust lands.
D. ``Governor'' means the Governor of the Taos Pueblo or his
designee.
E. ``Licensee'' means a business entity that is authorized under
this Ordinance to engage in activities related to the sale,
distribution, or production of alcohol on Taos Pueblo lands. Licensees
must display a license at their place(s) of business.
F. ``Licensed Establishment'' means a location, whether permanent
or temporary, located on Taos Pueblo lands designated under this
Ordinance as a licensed establishment for the purpose of selling
alcoholic beverages. Designation as a licensed establishment must
include the physical location of the establishment, by map and general
description, as well as any relevant information such as the term of
the license and any restrictions such as whether the license is for
full bar or beer and wine only, and hours of sales. Licensed
establishments must display a license at their place(s) of business.
G. ``Liquor'' means any alcoholic beverage, as defined in this
Section.
[[Page 30724]]
H. ``Minor'' means any person under the age of twenty-one (21)
years.
I. ``Person'' means a natural person.
J. ``Pueblo'' means the Taos Pueblo, a federally recognized Indian
tribe, located within the exterior boundaries of the State of New
Mexico.
K. ``State law'' with respect to the liquor laws of the State of
New Mexico means the Liquor Control Act, 60-3A-1, et seq., NMSA 1978.
L. ``Taos Pueblo lands'' for purposes of this Ordinance means lands
held in trust by the United States for the benefit of the Pueblo within
the exterior boundaries of Taos Pueblo's Grant, its Tenorio Tract,
Karavas Tract, or Tracts A, B, or C, including any lands which may in
the future lawfully come into trust for the benefit of the Pueblo.
Section IV. Licenses
A. Authorization; Prohibition on Transfer; Limitation on Sales; Servers
1. Licensees are hereby authorized to dispense, distribute,
introduce, manufacture, possess, produce, purchase, sell, and warehouse
alcoholic beverages at Licensed Establishments on Taos Pueblo lands in
accordance with this Ordinance and any applicable law and where the
liquor being sold or dispensed was purchased from a New Mexico
wholesaler per Sec. 60-3A-5 (D).
2. Liquor licenses issued under this Ordinance shall not be sold,
leased, transferred, or assigned by the Licensee; nor pledged as
collateral or security by the Licensee.
3. Sales shall be limited to persons who are 21 years of age or
older.
4. Persons with current valid servers permits issued by the New
Mexico Regulation and Licensing Department who are employed by or
contracted by the Licensee shall be the only persons authorized to
dispense alcohol at a Licensed Establishment or temporary location.
B. Liquor License Procedures. Applications for liquor licenses
shall comply with rules and regulations promulgated pursuant to this
Ordinance, which shall include provisions relating to qualifications of
applicants, information to be provided, prohibited persons, review and
approval of applications and any other information required by the
Pueblo.
C. Tribal Entities. Business entities formed by the Pueblo may
apply for a tribal liquor license by submitting a letter or application
identifying the enterprise seeking a liquor license, the intended scope
and location of business activity under the license (i.e., beer garden,
beer and wine, brew pub, distillery, full bar, hotel, restaurant,
tasting room, vineyard, wine bar, or other such activity involving the
sale, use, and manufacture or production of alcoholic beverages), and
whether the tribal business entity will be the sole proprietor under
the license or if a non-tribal entity will be in a partnership, joint
venture or other business relationship with the tribal business entity.
Non-tribal entities in a business relationship with a tribal entity
must follow the full licensing procedure under this Ordinance.
Section V. Licensed Establishments
A. The Governor has the authority under this ordinance to approve
licenses for liquor sales by Licensees at permanent establishments
located on Taos Pueblo lands. The Governor, after reviewing the
application and making appropriate inquiry into the applicant, will
make a determination on the proposed licensing of an establishment. The
application and approval process will follow rules and regulations
promulgated pursuant to this Ordinance.
B. Each tribal liquor license for an establishment shall set forth
the name of the Licensee, the nature of the business such as beer
garden, brew pub, full bar, restaurant, tasting room, wine bar, or
other such activity involving the sale, use, and manufacture or
production of alcohol; and type of sales for which the license is
issued, such as on-site or off-site consumption. The license shall
define by map and general description the physical location of the
Licensed Establishment within which the holder of the license may sell
or serve alcoholic beverages.
C. A tribal liquor license issued to a Licensee for a Licensed
Establishment shall authorize the Licensee thereof and its employees
with individual server's permits to sell alcoholic beverages at retail
in cans, bottles or any other package, or by the drink, for three years
from the date of issuance or other such term as may be applicable for a
temporary location, within a strictly defined area in which the
Licensed Establishment is or will be located; provided that liquor
sales at the Licensed Establishment shall be conducted by the Licensee
and its employees directly, and shall not be conducted by any lessee,
assignee or other transferee.
D. Servers employed by or contracted by the Licensee shall be the
only persons authorized to dispense alcohol at a Licensed
Establishment.
E. The initial list of Licensed Establishments operated by business
entities of the Pueblo and the type of sales offered or to be offered
are:
1. Hail Creek Travel Center. Convenience store; package sales for
consumption off-site.
2. Taos Mountain Casino. Gaming facility; sales for on-site
consumption by the drink. Sales and consumption of liquor at a gaming
facility on Taos Pueblo Lands shall be subject to the terms of the
Class III Gaming Compact between the State of New Mexico and the Taos
Pueblo.\2\
3. Heritage Center Property. Hotel, dining, convention, conference,
other commercial purposes, and special events. Individual Licensed
Establishments within the Heritage Center Property may engage in sales
for on-site consumption by the drink or bottle.
F. Restrictions on Locations. The Taos Pueblo Tribal Council may be
resolution establish a buffer zone around the traditional village
within which no liquor sales will be permitted.
G. Temporary Locations.
1. Any Licensee under this Ordinance may dispense alcoholic
beverages at a public celebration or special event within Taos Pueblo
lands upon receiving written approval from the Governor and upon the
payment of a fee, if required, to the Governor's Office for a temporary
special dispenser's license.
2. As used in this section, ``function,'' ``public celebration,''
or ``special event'' includes any art or musical event, conference,
community event, cultural or artistic performance or event, fair,
professional athletic competition, reception, wedding, or other event
whether private or public, held on a temporary basis.
3. Any Licensee may be issued a temporary special dispenser's
license by the Governor allowing the dispensing of alcoholic beverages
at a function on tribal trust lands catered by that Licensee. The term
of such temporary special dispenser's licenses shall be no more than
three consecutive days. To apply for such temporary license, a Licensee
shall submit a request to the Governor's Office together with such
information and fee as the Governor's Office may require. Issuance of
the special dispenser's license is within the Governor's discretion,
which shall not be unreasonably withheld, and may be subject to any
reasonable requirements imposed by the Governor. The holder of a
temporary special dispenser's license shall remain subject to all
tribal laws, rules, and regulations. The Licensee shall not be required
to suspend the dispensing of alcoholic beverages at its primary
licensed premises solely because of the issuance of a temporary special
dispenser's license.
[[Page 30725]]
4. Servers employed by or contracted by the Licensee holding a
temporary special dispenser's license shall be the only persons
authorized to dispense alcohol during the function for which the
license was issued.
Section VI. Prohibited Sales and Practices
In addition to the obligation to follow the terms of this Ordinance
or any rules or regulation promulgated by the Pueblo for implementation
of this Ordinance, no Licensee nor its employees or contractors may
knowingly:
A. Sell, serve, or dispense intoxicating beverages to any person
who is obviously intoxicated;
B. Award alcoholic beverages as prizes, although a Licensee may
serve drinks on a complimentary basis in the normal course of business;
C. Sell alcoholic beverages at a drive-up window;
D. Sell or otherwise provide alcoholic beverages to a person who
has not attained the age of 21 unless accompanied by such person's
legal adult spouse;
E. Knowingly sell or otherwise provide alcoholic beverages to an
adult acquiring such liquor on behalf of a minor or an intoxicated
person; and
F. Allow a person to bring alcoholic beverages onto the premises of
a Licensed Establishment for the purposes of consuming such beverages
themselves or providing alcoholic beverages to other individuals.
Section VII. Enforcement, Violations, Administrative and Civil
Penalties
A. The Pueblo shall have the right to inspect and investigate
Licensees and Licensed Establishments and to take such actions as may
be necessary and appropriate to ensure compliance with this Ordinance,
and any rules or regulations implementing this ordinance.
B. Civil citations for individual violations of the Prohibited
Sales and Practices provision of this Ordinance or rules or regulations
promulgated hereunder may be issued by an officer of the Taos Pueblo
police department or any tribal office or department authorized by the
Governor.
C. The Pueblo may bring a civil or administrative action and impose
civil or administrative fines or penalties upon any Licensee or other
person who has violated the terms of this Ordinance or rules or
regulations relating to tribal liquor licenses or licensed
establishments.
D. Non-Tribal Members, Trespass, Exclusion. Any non-tribal member,
upon committing any violation of the Ordinance, may be subject to a
civil action for trespass or for exclusion from Taos Pueblo lands. Upon
having been determined by the Tribal Court to have committed a
violation of this Ordinance, such person shall be found to have
trespassed upon Taos Pueblo Lands and shall be assessed such civil
penalties, damages or be subject to exclusion as the Court deems
appropriate.
E. License Suspension, Revocation, and Termination.
1. Suspension, revocation, or termination of a Tribal liquor
license may occur upon an administrative finding of a violation of this
Ordinance or rules or regulation promulgated hereunder. The Pueblo will
issue notice of an intent to seek an administrative suspension,
revocation, or termination upon notice to the Licensee of the basis of
such action and opportunity for a hearing, which shall be
administrative in nature and conducted pursuant to rules or regulations
implementing this Ordinance.
2. Termination of a license may also occur upon the Licensee's
cessation of business or liquor sales.
F. Appeal.
1. A Licensee whose license was suspended, revoked, or terminated
for cause may file an appeal with the Office of the Governor, who shall
appoint a hearing officer to review the record of the appeal and issue
a recommended decision. Such process shall be administrative in nature
and be conducted in accordance with such rules or regulations as may be
adopted by the Governor.
2. The decision by the Governor upon the Hearing Officer's
recommendation shall be the final decision of the Pueblo and is not
subject to further appeal or judicial review.
Section VIII. Repeal of Prior Inconsistent Enactments by Tribal Council
This Ordinance repeals all prior enactments of the Taos Pueblo
Tribal Council which are inconsistent with the provisions of this
Ordinance. This repeal shall be effective on the date of publication of
this Ordinance in the Federal Register.
Section IX. Severability
In the event any provision of this Ordinance or its application to
any particular activity is held to be invalid or illegal by a court of
competent jurisdiction, the remaining provisions and the remaining
applications of such provision shall remain in full force and effect.
Section X. Sovereign Immunity
The sovereign immunity of the Taos Pueblo is not waived by this
Ordinance.
Section XI. Amendments
This Ordinance may be amended by majority vote of the Tribal
Council and upon publication of such amendments in the Federal
Register.
Section XII. Effective Date
This Ordinance shall be effective as a matter of federal law on
such date as the Secretary of the Interior certifies and publishes the
same in the Federal Register.
1. The New Mexico Liquor Control Act states as follows at Sec. 60-
3A-5: ``[n]othing in the Liquor Control Act [603A-1 NMSA 1978] applies
to: . . . (D) the sale, service, possession or public consumption of
alcoholic beverages by any person within the boundaries of lands over
which an Indian nation, tribe or pueblo has jurisdiction, if the
alcoholic beverages are purchased from New Mexico wholesalers and if
the sale, service, possession or public consumption of alcoholic
beverages is authorized by the laws of the Indian nation, tribe or
pueblo having jurisdiction over those lands and is consistent with the
ordinance of the Indian nation, tribe or pueblo certified by the
secretary of the interior and published in the Federal Register
according to the laws of the United States.''
2. The Tribal-State Class III Gaming Compact between the State of
New Mexico and Taos Pueblo as Amended (April 24, 2007) states as
follows:
SECTION 4. Conduct of Class III Gaming. A. Tribal Gaming Agency.
The Tribal Gaming Agency will assure that the Tribe will:
B. Regulations. Without affecting the generality of the foregoing,
the Tribe shall adopt laws:
14. enacting provisions that: (a) prohibit an employee of the
Gaming Enterprise from selling, serving, giving or delivering an
alcoholic beverage to an intoxicated person or from procuring or aiding
in the procurement of any alcoholic beverage for an intoxicated person
at the Gaming Facility; 7 (b) require Gaming Enterprise employees that
dispense, sell, serve or deliver alcoholic beverages to attend Alcohol
Server Education Classes similar to those classes provided for in the
New Mexico Liquor Control Act: and (c) require the Gaming Enterprise to
purchase and maintain a liquor liability insurance policy that will
provide, at a minimum, personal injury coverage of one million dollars
($1,000,000) per
[[Page 30726]]
incident and two million dollars ($2,000,000) aggregate per policy
year; 1 5. prohibiting alcoholic beverages from being sold, served,
delivered or consumed in that part of a Gaming Facility where gaming is
allowed.
William Henry Kirkland III,
Assistant Secretary--Indian Affairs.
[FR Doc. 2026-10421 Filed 5-22-26; 8:45 am]
BILLING CODE 4337-15-P
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</html>Indexed from Federal Register on May 26, 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.