Osage Tribe-Sale and Consumption of Alcoholic Beverages, 3054-3059 [05-995]
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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Notices
should also include ‘‘Manchester-bythe-Sea town.’’ (See 69 FR 69735.)
Dated: January 7, 2005.
Dennis C. Shea,
Assistant Secretary for Policy Development
and Research.
[FR Doc. E5–170 Filed 1–18–05; 8:45 am]
BILLING CODE 4210–27–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4743–N–07]
Notice of Planned Closing of Memphis,
TN Post-of-Duty Station
Office of Inspector General,
(HUD).
ACTION: Notice of planned closing of the
Memphis, Tennessee post-of-duty
station.
AGENCY:
This notice advises the public
that HUD Office of Inspector General
(OIG) plans to close its Memphis,
Tennessee post-of-duty station, and also
provides a cost-benefit analysis of the
impact of this closure.
FOR FURTHER INFORMATION CONTACT:
Bryan Saddler, Counsel to the Inspector
General, Room 8260, Department of
Housing and Urban Development, 451
Seventh Street, SW., Washington, DC
20410–4500, 202–708–1613 (this is not
a toll free number). A
telecommunications device for hearingand speech—impaired persons (TTY) is
available at 1–800–877–8339 (Federal
Information Relay Services).
SUPPLEMENTARY INFORMATION: The
Memphis, Tennessee post-of-duty
station was opened in the middle 1980s
to address fraud throughout the State of
Tennessee. Later, the Nashville,
Tennessee office—which is centrally
located, and, thus, better situated
geographically to address fraud
statewide—was opened. In September
2004, one of the two agents assigned to
Memphis was promoted and transferred
to Texas. HUD/OIG has determined that
greater efficiency and cost-savings can
be achieved by now consolidating staff
and resources in the centrally located
Nashville office.
Section 7(p) of the Department of
Housing and Urban Development Act
(42 U.S.C. 3535(p)) provides that a plan
for field reorganization, which may
involve the closing of any field or
regional office, of the Department of
Housing and Urban Development may
not take effect until 90 days after a costbenefit analysis of the effect of the plan
on the office in question is published in
the Federal Register. The required costbenefit analysis should include: (1) An
SUMMARY:
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estimate of cost savings anticipated; (2)
an estimate of the additional cost which
will result from the reorganization; (3) a
discussion of the impact on the local
economy; and (4) an estimate of the
effect of the reorganization on the
availability, accessibility, and quality of
services provided for recipients of those
services.
Legislative history pertaining to
section 7(p) indicates that not all
reorganizations are subject to the
requirements of section 7(p). Congress
stated that ‘‘[t]his amendment is not
intended to [apply] to or restrict the
internal operations or organization of
the Department (such as the
establishment of new or combination of
existing organization units within a
field office, the duty stationing of
employees in various locations to
provide on-site service, or the
establishment or closing, based on
workload, of small, informal offices
such as valuation stations).’’ (See House
Conference Report No. 95–1792,
October 14, 1978 at 58.) Through this
notice, HUD/OIG advises the public of
the closing of the Memphis, Tennessee
duty station and provides the cost
benefit analysis of the impact of the
closure.
Impact Of The Closure Of The
Memphis, Tennessee, Post-Of-Duty
Station: HUD/OIG considered the costs
and benefits of closing the Memphis,
Tennessee post-of-duty station, and is
publishing its cost-benefit analysis with
this notice. In summary, HUD/OIG has
determined that the closure will result
in a cost savings, and, as a result of the
size and limited function of the office,
will cause no appreciable impact on the
provision of authorized investigative
services/activities in the area.
Cost-Benefit Analysis
A. Cost Savings: The Memphis,
Tennessee post-of-duty station currently
costs approximately $2,645.00 per
month for space rental. Additional
associated overhead expenses (e.g.,
telephone service) are incurred to
operate the post-of-duty station. Thus,
closing the office will result in annual
savings of at least $32,000. In addition,
by closing the office HUD/OIG will not
be required to incur additional costs
associated with current plans to install
high-speed computer access lines to and
on the premises.
B. Additional Costs: Relocation costs
associated with the transfer of one
special agent to Nashville from
Memphis, Tennessee is estimated to
total no more than $25,000. This cost
will be offset by savings in the first year.
C. Impact on Local Economy: No
appreciable impact on the local
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economy is anticipated. The post-ofduty station is co-located with office
space leased by other Federal agencies,
and it is anticipated that the space can
easily be re-leased to other tenants.
D. Effect on Availability, Accessibility
and Quality of Services Provided to
Recipients of Those Services: The
availability, accessibility and quality of
services provided to complainants will
not be adversely impacted. Special
agents assigned to other HUD/OIG
offices—chiefly Nashville—can costeffectively address fraud allegations in
Tennessee generally and Memphis
specifically.
For the reasons stated in this notice,
HUD/OIG intends to proceed to close its
Memphis, Tennessee post-of-duty
station at the expiration of the 90-day
period from the date of publication of
this notice.
Dated: January 6, 2005.
Kenneth M. Donohue, Sr.,
Inspector General.
[FR Doc. E5–169 Filed 1–18–05; 8:45 am]
BILLING CODE 4210–27–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Osage Tribe—Sale and Consumption
of Alcoholic Beverages
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Osage Tribe’s Liquor Control Ordinance.
The Ordinance regulates and controls
the possession, sale and consumption of
liquor within the Osage Indian
Reservation and Osage Indian Country.
The land is located on trust land and
this Ordinance allows for the possession
and sale of alcoholic beverages within
the Osage Tribe’s Reservation and Osage
Indian Country and will increase the
ability of the tribal government to
control the tribe’s liquor distribution
and possession, and at the same time
will provide an important source of
revenue for the continued operation and
strengthening of the tribal government
and the delivery of tribal services.
EFFECTIVE DATE: This Act is effective on
January 19, 2005.
FOR FURTHER INFORMATION CONTACT:
Karen Ketcher, Regional Tribal
Government Officer, Bureau of Indian
Affairs, Eastern Oklahoma Regional
Office, PO Box 8002, Muskogee, OK
74402–8002, Phone 918–781–4685, Fax
918–781–4649; or Ralph Gonzales,
Office of Tribal Services, 1951
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Federal Register / Vol. 70, No. 12 / Wednesday, January 19, 2005 / Notices
Constitution Avenue, NW., MS–320–
SIB, Washington, DC 20240; Telephone
(202) 513–7629.
SUPPLEMENTARY INFORMATION: Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The Osage Tribal Council adopted its
Liquor Control Ordinance by Resolution
No. 31–846 on August 4, 2004. The
purpose of this Ordinance is to govern
the sale, possession and distribution of
alcohol within the Osage Indian
Reservation and Osage Indian Country.
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 this Liquor Ordinance, of
the Osage Tribe, was duly adopted by
the Tribal Council on August 4, 2004.
Dated: January 11, 2005.
David W. Anderson,
Assistant Secretary—Indian Affairs.
The Osage Tribe’s Liquor Ordinance
reads as follows:
Osage Tribe Liquor Control Ordinance
Introduction
Section 1. Citation
This Act may be cited as the ‘‘Osage
Tribe Liquor Control Ordinance.’’
Section 2. Purpose
(a) It is necessary to strengthen the
government of the Osage Tribe of
Indians by exercising the specific grant
of authority contained in Act of June 28,
1906, 34 Stat. 539, as amended, and
interpreted by subsequent judicial
decisions, to levy and collect taxes and
fees, to license and regulate certain
conduct within the jurisdiction of the
Osage Tribe, to provide financing for the
current expenses of the tribal
government, and to provide financing
for the expansion of tribal government
operations and services in order for the
Osage Tribe to efficiently and effectively
exercise its confirmed inherent
sovereignty and governmental
responsibilities within the jurisdiction
of the Osage Tribe.
(b) The purpose of this Ordinance is
to regulate the sale, possession and use
of alcoholic liquor on the Osage Indian
Reservation and other lands subject to
Tribal jurisdiction, and to provide
simple, fair, straightforward and
efficient procedures for the levy and
collection of certain taxes and fees and
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the licensing and regulation of certain
conduct.
(c) The enactment of a tribal
ordinance governing liquor possession
and sale on the Osage Indian
Reservation and Osage Indian Country
will increase the ability of the tribal
government to control the sale,
distribution and possession of liquor
and will provide an important source of
revenue for the continued operation and
strengthening of the tribal government
and the delivery of tribal government
services.
Section 3. Declaration of Public Policy
(a) The introduction, possession, and
sale of liquor in the Osage Indian
Reservation and Osage Indian Country
are a matter of special concern to the
Osage Tribe.
(b) Federal law forbids the
introduction, possession and sale of
liquor in Indian Country (18 U.S.C. 1154
and other statutes), except when the
same is in conformity both with the
laws of the State and Tribe (18 U.S.C.
1161). As such, compliance with this
ordinance shall be in addition to, and
not a substitute for, compliance with the
laws of the State of Oklahoma or other
state where the Osage Indian
Reservation and/or Osage Indian
Country is located.
(c) The Osage Tribal Council finds
that a complete ban on liquor within the
Osage Indian Reservation and Osage
Indian Country is ineffective and
unrealistic. However, it recognizes that
a need still exists for strict regulation
and control over liquor transactions
within the Osage Indian Reservation
and Osage Indian Country because of
the many potential problems associated
with the unregulated or inadequately
regulated sale, possession, distribution,
and consumption of liquor. The Osage
Tribal Council finds that tribal control
and regulation of liquor is necessary to
achieve maximum economic benefit to
the Tribe, to protect the health and
welfare of tribal members, and to
address specific concerns relating to
alcohol use on the Osage Indian
Reservation and Osage Indian Country.
(d) It is in the best interests of the
Osage Tribe to enact a tribal ordinance
governing liquor sales on the Osage
Indian Reservation and Osage Indian
Country, which provides for purchase,
distribution, and sale of liquor only on
tribal lands within the exterior
boundaries of the Osage Indian
Reservation and in Osage Indian
Country wherever located. Further, the
Tribe has determined that said
purchase, distribution, and sale shall
take place only at a tribally-owned
gaming facility complex or at such other
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location duly licensed by the Osage
Tribe.
Section 4. Jurisdiction
The Osage Tribal Council, as the sole
governing body of the Osage Tribe of
Indians, hereby affirmatively declares,
asserts, and extends the jurisdiction of
the Osage Tribe over the Osage Indian
Reservation and all Indian country, as
defined in 18 U.S.C. 1151, within the
exterior boundaries of the Osage Indian
Reservation, as described in the Act of
June 5, 1872, 17 Stat. 220, except that
portion purchased by the Kaws, and all
Osage Indian Country wherever located.
Section 5. Scope of Law; Consent
The scope of this ordinance shall
extend to all persons or legal entities
receiving licenses hereunder, or doing
business within the Tribal jurisdiction,
or having significant contacts within the
Tribal jurisdiction, or residing within
the Tribal jurisdiction, or entering or
coming within the Tribal jurisdiction, or
consuming, possessing, manufacturing
or distributing alcohol within the Tribal
jurisdiction. All such persons or entities
shall be deemed to have consented to
the jurisdiction of the Osage Tribe of
Indians and to the provisions of this
Act, the operation thereof, and to the
jurisdiction and authority of the Osage
Tribe of Indians, and shall, by virtue of
such actions, be deemed to have waived
all jurisdictional defenses to the
jurisdiction and venue of the Osage
Tribe of Indians and the Osage Tribal
Court, notwithstanding that such
persons or legal entities may be of nonIndian descent or character.
Section 6. Severability
If any provision or application of this
ordinance is determined by review to be
invalid, such determination shall not be
held to render ineffectual the remaining
portions of this ordinance or to render
such provisions inapplicable to other
persons or circumstances. Any and all
prior liquor control enactments of the
Tribal Council which are inconsistent
with the provisions of this ordinance are
hereby rescinded and repealed.
Section 7. Amendment and
Construction
This ordinance may only be amended
by a vote of the Osage Tribal Council,
the governing body of the Osage Tribe.
Nothing in this ordinance shall be
construed to diminish or impair in any
way the rights or sovereign powers of
the Osage Tribe or its tribal government.
Section 8. Sovereign Immunity
The Osage Tribal Council, as the sole
governing body of the Osage Tribe of
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Indians, expressly and generally
reserves for itself, the Osage Tribe of
Indians, the Osage Nation Tax
Commission and individual members
and employees of the Osage Tribal
Council and the Osage Nation Tax
Commission and individual employees
of the Osage Tribal Government, when
acting within the scope of their official
duties, all rights of sovereign immunity
against lawsuits of every kind and
nature, less and except the right to
appeal decisions of the Tax Commission
as provided by Section 106 of the Osage
Tribe Revenue and Taxation Act of
1997, as amended.
The sovereign immunity of the Tribe
and any elected Tribal council member
or tribal official and the Osage Nation
Tax Commission with respect to any
action taken in an official capacity
under this ordinance, or in the exercise
of the official powers of any such office,
in any action filed in any court with
respect thereto, may only be waived by
a formal resolution of the Tribal
Council. All waivers shall be
unequivocally expressed in such
resolution. No waiver of the Tribe’s
sovereign immunity from suit may be
implied from any action or document.
Waivers of sovereign immunity in a
Tribal Council resolution shall not be
general but shall be specific and limited
as to duration, grantee, action, and
property or funds, if any, of the Tribe or
any agency of the tribe subject thereto.
No express waiver of sovereign
immunity by resolution of the Tribal
Council shall be deemed a consent to
the levy of any judgment, lien or
attachment upon property of the Tribe
or any agency of the Tribe other than
property specifically pledged or
assigned therein. Any consent to
arbitration agreed to by the Tribe in any
contract shall not constitute a waiver of
sovereign immunity unless it conforms
to this section, and the Tribe hereby
expressly retains its sovereign immunity
from suit.
Section 9. Effective Date
This ordinance shall be effective on
such date as the Secretary of the Interior
certifies this ordinance and publishes
the same in the Federal Register.
Chapter One—Liquor Control
Section 101. Definitions
As used in this Ordinance, the
following words shall have the
following meaning unless the context
clearly requires otherwise:
(a) ‘‘Alcohol’’ means that substance
known as ethyl alcohol, hydrated oxide
of ethyl, alcohol, hydrated oxide of
ethyl, ethanol, or spirits of wine, from
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whatever source or by whatever source
or by whatever process produced.
(b) ‘‘Alcoholic Beverage’’ is
synonymous with the term ‘‘liquor’’ as
defined in subsection (h) of this section.
(c) ‘‘Bar’’ means any establishment
with special space and accommodations
for the sale of liquor by the glass and for
consumption on the premises as herein
defined.
(d) ‘‘Beer’’ means any beverage
obtained by the alcoholic fermentation
of an infusion or decoction of pure
hops, or pure extract of hops and pure
barley malt or other wholesome grain or
cereal in pure water and containing the
percent of alcohol by volume subject to
regulation as an intoxicating beverage in
the state where the beverage is located.
Beer includes, among other things, beer,
ale, stout, lager beer, porter and other
malt or brewed liquors, but does not
include sake, known as Japanese rice
wine.
(e) ‘‘Consume’’ means the putting of
liquor to any use, whether by drinking
or otherwise.
(f) ‘‘Distiller’’ means a person engaged
in the business of distilling spirits.
(g) ‘‘Distribute’’ means to deliver or
sell liquor products prior to retail sale.
(h) ‘‘Liquor’’ includes the four
varieties of liquor (alcohol, spirits, wine
and beer) and all fermented, spirituous,
vinous, malt liquor, or combinations
thereof, a mixed liquor a part of which
is fermented, and every liquid or solid
or semisolid or other substance,
patented or not, containing distilled or
rectified spirits, potable alcohol, beer,
wine, brandy, whiskey, rum, gin,
aromatic bitters, and all drinks or
drinkable liquids and all preparations or
mixtures capable of human
consumption and any liquid, semisolid,
solid, or other substances which
contains more than one-half of 1 percent
of alcohol.
(i) ‘‘Liquor Store’’ means any store at
which liquor is sold and, for the
purpose of this ordinance, including
stores only a portion of which are
devoted to sale of liquor or beer.
(j) ‘‘Malt Liquor’’ means beer, strong
beer, ale, stout and porter.
(k) ‘‘Manufacturer’’ means a person
engaged in the preparation of liquor for
sale, in any form whatsoever.
(l) ‘‘Osage Indian Reservation and
Osage Indian Country’’ means all lands
constituting Indian Country as defined
by 18 U.S.C. 1151 that are subject to the
jurisdiction of the Osage Tribe.
(m) ‘‘Osage Nation Tax Commission’’
means the authority of the Osage Tribe
which is charged with the duty to
enforce this Liquor Control Ordinance
in addition to their other duties.
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(n) ‘‘Osage Tribal Council’’ means the
governing body of the Osage Tribe.
(o) ‘‘Osage Tribe’’ means the federally
recognized Osage Tribe and any of its
successors or assigns.
(p) ‘‘Package’’ means any container or
receptacle used for holding liquor.
(q) ‘‘Person’’ means an individual,
partnership, association or corporation.
(r) ‘‘Public Place’’ includes state,
county, tribal, federal highways, or
roads; buildings and grounds used for
school purposes; streets and alleys of
communities; rodeo grounds, tribal
ceremonial grounds, community
buildings, public dance halls and
grounds adjacent thereto; soft drink
establishments, public buildings, public
meeting halls, lobbies, halls and dining
rooms of hotels, restaurants, theaters,
gaming facilities, entertainment centers,
stores, garages, and filling stations
which are open to and/or are generally
used by the public and to which the
public is permitted to have unrestricted
access; public conveyances of all kinds
and character; publicly-owned bathing
beaches, parks or playgrounds; and all
other places of like or similar nature to
which the general public has
unrestricted right of access and which
are generally used by the public.
(s) ‘‘Sale and Sell’’ include exchange,
barter, and traffic, and also include the
selling or supplying or distributing by
any means whatsoever, of liquor, or of
any liquid known or described as beer
or by any name whatsoever commonly
used to describe malt or brewed liquor
or of wine by any person to any person.
(t) ‘‘Spirits’’ mean any beverage which
contains alcohol obtained by
distillation, and includes those products
known as whiskey, brandy, rum, gin,
vodka, liqueurs, cordials and fortified
wines and similar compounds,
including wines exceeding 17 percent of
alcohol by weight.
(u) ‘‘Tavern’’ means any retail sales
business selling beer, liquor or wine not
in sealed packages, that is ‘‘by the
drink,’’ within the boundaries of the
Osage Indian Reservation or Osage
Indian Country.
(v) ‘‘Tribal Court’’ means the Osage
Tribal Court.
(w) ‘‘Wine’’ means any alcohol
beverage obtained by fermentation of
the natural contents of fruits, vegetables,
honey, milk or other products
containing sugar, whether or not other
ingredients are added, to which any
saccharine substances may have been
added before, during or after
fermentation, and containing more than
one-half of one percent alcohol by
volume and not more than 17 percent of
alcohol by weight, including sweet
wines fortified with wine spirits such as
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port, sherry, muscatel and angelica, and
including vermouth and sake, known as
Japanese rice wine.
Section 102. Enforcement
(a) Powers and Duties. In furtherance
of this ordinance, the Osage Nation Tax
Commission shall have the following
powers and duties:
(1) To publish and enforce rules and
regulations governing licensing and the
sale, manufacture, distribution, and
possession of alcoholic beverages on the
Osage Indian Reservation and Osage
Indian Country. Such rules and
regulations shall not be inconsistent
with the rules and regulations of the
State of Oklahoma and shall be
approved by the Osage Tribal Council
prior to taking effect;
(2) To employ managers, accountants,
security personnel, inspectors and such
other persons as shall be reasonably
necessary to allow the Osage Nation Tax
Commission to perform its function.
Such employees shall be tribal
employees;
(3) To bring suit in the Tribal Court
or other appropriate Court to enforce
this ordinance as necessary;
(4) To issue licenses permitting the
sale of liquor on the Osage Indian
Reservation and other lands subject to
Tribal jurisdiction;
(5) To determine and seek damages
for violation of the ordinance;
(6) To make such reports as may be
required by the Osage Tribal Council;
(7) Keep accurate records, books and
accounts; and
(8) To exercise such other powers as
is necessary and appropriate to fulfill
the purposes of this ordinance.
(b) Limitation on Powers. In the
exercise of its powers and duties under
this ordinance, the Osage Nation Tax
Commission shall not:
(1) Accept any gratuity, compensation
or other thing of value from any liquor
wholesaler, retailer, or distributor or
from any licensee; or
(2) Waive the immunity of the Osage
Tribe from suit without the express
written consent and resolution of the
Tribal Council in accordance with
Section 8.
(c) Inspection Rights. The premises on
which liquor is sold or distributed shall
be open for inspection by the Osage
Nation Tax Commission at all
reasonable times for the purposes of
ascertaining whether the rules and
regulations of the Osage Nation Tax
Commission and this ordinance are
being complied with.
Section 103. Licensing
(a) Application. Any person or entity
applying for a license to sell or serve
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liquor in the jurisdiction of the Osage
Nation shall complete an application
provided by the Osage Nation Tax
Commission and pay such application
fee as may be set from time to time by
the Osage Nation Tax Commission.
(b) Licensing requirements. No license
shall be issued under this ordinance
except upon a sworn application filed
with the Osage Nation Tax Commission
containing a full and complete
application showing the following:
(1) Satisfactory proof that the
applicant is duly licensed by the State
of Oklahoma to sell alcoholic beverages;
(2) The description and location of the
premises in which the alcoholic
beverages are to be sold and proof that
the applicant is entitled to use such
premises for such purposes for the
duration of the time period of the
license;
(3) Agreement by the applicant to
accept and abide by all conditions of the
license as established by the Osage
Nation Tax Commission; and
(4) Payment of a fee established by the
Osage Nation Tax Commission;
(c) Period of license. Each license may
be issued for a period not to exceed one
year from the date of issuance.
(d) Renewal of license. A licensee may
renew its license if the licensee has
complied in full with this ordinance.
(e) Revocation of license. The Osage
Nation Tax Commission may revoke a
license for reasonable cause upon notice
and hearing at which the licensee is
given an opportunity to respond to any
charges against it and to demonstrate
why the license should not be
suspended or revoked.
(f) Non-transferability of license.
Licenses issued by the Osage Nation Tax
Commission shall not be transferable
and may only be utilized by the person
or entity to which it was issued.
Section 104. Sales and Purchases of
Liquor
The introduction and possession of
liquor consistent with this ordinance
shall be lawful within Indian Country
under the jurisdiction of the Osage Tribe
and within the exterior boundaries of
the Osage Indian Reservation only when
such activities are in conformity with
this Ordinance. All other purchases and
sales of liquor within the Osage Indian
Reservation and Osage Indian Country
shall be prohibited.
(a) Sales by Tribe or Licensees. Only
the Osage Tribe may make retail sales of
liquor in gaming facilities that are
owned by the Tribe and the patrons of
the Tribe’s gaming facilities may
consume said liquor on the gaming
facility complex. Any other licensed
retailer may make retail sales of liquor
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on their licensed premises, but patrons
of the licensee may consume said liquor
only on those licensed premises, or
where otherwise allowed by this
ordinance.
(b) Sales for Cash. All liquor sales on
the Osage Indian Reservation and Osage
Indian Country shall be on a cash only
basis and no credit shall be extended to
any person, organization, or entity,
except that the provision does not
prevent the payment for purchases with
use of credit cards such as Visa,
MasterCard, American Express, etc.
(c) Sale for Personal Consumption.
All sales shall be for the personal use
and consumption of the purchaser. Any
person who purchases an alcoholic
beverage on the Osage Indian
Reservation and Osage Indian Country
and sells it, without a license, whether
in the original container or not, shall be
guilty of a violation of this ordinance
and shall be subjected to paying
damages to the Osage Tribe as set forth
herein.
Section 105. Taxes
(a) Tax Levied. There is hereby levied
a liquor tax of five percent (5%) on the
sale of each and every alcoholic
beverage sold within the Osage Indian
Reservation and Osage Indian Country.
The incidence of said tax shall be on the
consumer. The liquor tax shall be
collected by the gaming facility or
licensee and paid over to the Osage
Nation Tax Commission as provided
herein. No municipality, city, town or
county, nor the state shall have the
power to impose an excise or any other
tax upon liquor as defined in this
Ordinance, or to govern or license the
sale or distribution thereof in any
manner within the Osage Indian
Reservation and Osage Indian Country,
unless in conformance with federal,
Oklahoma, and Osage Tribal law.
(b) Taxes Due. All taxes for the sale
of liquor and alcoholic beverages on the
Osage Indian Reservation and Osage
Indian Country are due on the 15th day
of the month following the end of the
calendar quarter for which the taxes are
due.
(c) Delinquent Taxes. Past due taxes
shall accrue interest at two percent (2%)
per month.
(d) Reports. Along with payment of
the taxes imposed herein, the taxpayer
shall submit a quarterly accounting of
all income from the sale or distribution
of liquor, as well as for the taxes
collected, to the Osage Nation Tax
Commission.
(e) Compliance with Tribal Tax laws.
Except as otherwise set forth in this
Ordinance, the collection and
enforcement of liquor taxes shall be
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conducted by the Osage Nation Tax
Commission in accordance with the
Osage Tribe Revenue and Taxation Act
of 1997, as amended.
Section 106. Rules, Regulations and
Enforcement
(a) In any proceeding under this
ordinance, conviction of one unlawful
sale or distribution of liquor shall
establish prima facie intent of
unlawfully keeping liquor for sale,
selling liquor or distributing liquor in
violation of this ordinance.
(b) Any person who buys liquor
within the boundaries of the Osage
Indian Reservation and Osage Indian
Country contrary to this ordinance shall
be guilty of a violation of this ordinance.
(c) Any person who sells or offers for
sale any liquor within the boundaries of
the Osage Indian Reservation and Osage
Indian Country contrary to this
ordinance shall be guilty of a violation
of this ordinance.
(d) Any person who shall operate a
liquor product outlet or tavern within
the boundaries of the Osage Indian
Reservation and Osage Indian Country
without first obtaining a current and
valid Tribal license under this
Ordinance shall be considered to be in
violation of all federal Indian liquor
laws and regulations as well as in
violation of this Ordinance.
(e) Any person who keeps or
possesses liquor upon his person or in
any place or on premises conducted or
maintained by his principal or agent
with the intent to sell or distribute it
contrary to the provisions of this title,
shall be guilty of a violation of this
ordinance.
(f) Any person who knowingly sells
liquor to a person under the influence
of liquor shall be guilty of a violation of
this ordinance. No person shall sell
liquor to any buyer when, from the
physical appearance of the buyer at the
time of the sale, it could be reasonably
believed or understood that the buyer
was intoxicated.
(g) Any person engaged wholly or in
part in the business of carrying
passengers for hire, and every agent,
servant, or employee of such person,
who shall knowingly permit any person
to drink liquor in any public
conveyance, shall be guilty of an
offense. Any person who shall drink
liquor in a public conveyance shall be
guilty of a violation of this ordinance.
(h) No person under the age of 21
years shall consume, acquire or have in
his possession any liquor or alcoholic
beverage. No person shall permit any
other person under the age of 21 to
consume liquor on his premises or any
premises under his control except in
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those situations set out in this section.
Any person who shall sell or provide
any liquor to any person under the age
of 21 years shall be guilty of a violation
of this ordinance for each sale or drink
provided. Any person violating this
section shall be guilty of a separate
violation of this ordinance for each and
every drink so consumed.
(i) Any person who transfers in any
manner an identification of age to a
person under the age of 21 years for the
purpose of permitting such person to
obtain liquor shall be guilty of an
offense, provided that corroborative
testimony of a witness other than the
underage person shall be a requirement
of finding a violation of this ordinance.
(j) Any person who attempts to
purchase an alcoholic beverage through
the use of false or altered identification
which falsely purports to show the
individual to be over the age of 21 years
shall be guilty of violating this
ordinance.
(k) When requested by the provider of
liquor, any person shall be required to
present official documentation of the
bearer’s age, signature and photograph.
Official documentation includes any
one or more of the following:
(1) Driver’s license or identification
card issued by any state department of
motor vehicles;
(2) Tribal enrollment card, Tribal
identification card or Certificate of
Degree of Indian Blood (CDIB) card
showing date of birth and photograph;
(3) United States Active Duty
Military; or
(4) Passport.
(l) Liquor which is possessed,
including for sale, contrary to the terms
of this ordinance is declared to be
contraband. Any tribal agent, employee
or officer who is authorized by the
Tribal Council or Osage Nation Tax
Commission, including law enforcement
officers under a cross-deputization
agreement, to enforce this section shall
seize all contraband and preserve it in
accordance with the provisions
established for the reservation of
impounded property. Upon being found
in violation of this ordinance, the party
shall forfeit all right, title and interest in
the items seized which shall become the
property of the Osage Tribe.
(m) Alcoholic liquor shall not be
given as a prize, premium or
consideration for a lottery, contest, game
of chance or skill, or competition of any
kind.
(n) For the purpose of obtaining
information concerning any matter
related to the administration or
enforcement of this ordinance, the Tribe
or any person appointed by it in writing
for that purpose, may inspect the books
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Sfmt 4703
and records of any licensee doing
business on the Osage Indian
Reservation and Osage Indian Country.
Every person who neglects or refuses to
produce or submit to inspection any
records referred to in this section when
requested to do so shall be guilty of a
violation of this ordinance.
(o) Any person guilty of a violation of
this ordinance, except non-payment of
liquor taxes due, shall be liable to pay
to the Osage Tribe the amount of up to
$5,000 per violation as civil damages to
defray the Tribe’s cost of enforcement of
this ordinance, and may be subject to
criminal prosecution under tribal law,
or under state law if non-Indian. The
Tribal Court shall not issue any order or
injunction closing any business for a
violation of this ordinance without
granting to the defendant the
opportunity to have a full evidentiary
and adversary hearing before the Tribal
Court.
(p) All persons found to have violated
this ordinance, except for non-payment
of liquor taxes, shall be reported to the
Federal Bureau of Investigation and the
United States Attorney for the purpose
of requesting a federal criminal
prosecution of such persons or entities
for violation of Federal Indian liquor
laws.
Section 107. Exemptions
(a) Nothing in this Ordinance shall
apply to or prevent the sale of liquor by
any person to the Tribe.
(b) Nothing in this Ordinance shall
apply to alcoholic beverages used in a
bona fide religious ceremony.
(c) Nothing in this Ordinance shall
apply to or prevent sale, purchase or
consumption of:
(1) Any pharmaceutical preparation
containing liquor which is prepared by
a druggist according to a formula of the
pharmacopoeia of the United States, or
the dispensatory of the United States; or
(2) Away proprietary or patent
medicine; or
(3) Wood alcohol or denatured
alcohol, except in the case or the sale,
purchase, or consumption of wood
alcohol or denatured alcohol for
beverage purposes, either alone or
combined with any other liquid or
substance.
(4) Cooking Wine used in cooking.
(d) Nothing in this Ordinance shall
apply to wine or beer manufactured in
any home for consumption therein, and
not for sale.
(e) Nothing in this Ordinance shall
apply to alcoholic beverages possessed
by an individual in his/her home for
private consumption therein.
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Section 108. Abatement
(a) Any room, house, building,
vehicle, structure, or other place where
liquor is sold, manufactured, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provisions of this ordinance or of any
other tribal law relating to the
manufacture, importation,
transportation, possession, distribution
and sale of liquor, and all property kept
in and used in maintaining such place,
is hereby declared to be a nuisance.
(b) The Osage Nation Tax Commission
shall institute and maintain an action in
the Tribal Court in the name of the Tribe
to abate and perpetually enjoin any
nuisance declared under this article. In
addition to other remedies at tribal law,
the Tribal Court may also order the
room, house, building, vehicle,
structure, or place closed for a period of
1 year or until the owner, lessee, tenant,
or occupant thereof shall give bond of
a sufficient sum from $1,000 to $15,000,
depending upon the severity of past
offenses, the risk of offenses in the
future and other appropriate criteria,
payable to the Tribe and conditions that
liquor will not be thereafter
manufactured, kept, sold, bartered,
exchanged, given away, furnished, or
otherwise disposed of in violation of the
provisions of this ordinance or of any
other violation of this ordinance or
other tribal liquor laws. If any
conditions of the bond are violated, the
bond may be applied to satisfy any
amount due to the Tribe under this
ordinance.
(c) In all cases where any person has
been found in violation of this
ordinance relating to the manufacture,
importation, transportation, possession,
distribution, and sale of liquor, an
action may be brought to abate as a
nuisance any real estate or other
property involved in the violation of the
ordinance and violation of this
ordinance shall be prima facie evidence
that the room, house, building, vehicle,
structure, or place against which such
action is brought is a public nuisance.
Section 109. Liability Insurance
Prior to a liquor license being granted
to any applicant, and prior to renewal
of any liquor license, the applicant must
provide proof of liability insurance to
the Osage Nation Tax Commission.
Section 110. Revenue
Revenue received by the Tribe under
this ordinance, from whatever source,
shall be expended for administrative
costs incurred in the enforcement of this
ordinance. Excess funds shall be subject
to appropriation by the Tribal Council
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Jkt 205001
for essential governmental and social
services, including the use of revenues
to combat alcohol abuse and its
debilitating effects among individuals
and family members with the Osage
Tribe.
Certification
I hereby certify that the above and
foregoing Liquor Control Ordinance is the
Ordinance adopted by the Osage Tribal
Council on the 4th day of August 2004,
pursuant to Resolution No. 3846.
Jim Gray,
Principal Chief.
Attested by:
Jewell Purcell,
Secretary.
[FR Doc. 05–995 Filed 1–18–05; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[CA–340–1210–PC]
South Cow Mountain Wet Weather
Temporary Closure; Temporary Motor
Vehicle Use Closure of the South Cow
Mountain Recreation Area Due to Wet
Weather/Snow Conditions, Mendocino
and Lake Counties, CA
Bureau of Land Management,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: In order to facilitate
temporary operations and protect
resources in the event of severe seasonal
storms and/or natural disasters, the
Ukiah Field Office is hereby serving
notice that it will be adopting a
temporary closure policy to be enacted
on an as-needed basis when basic
criteria are met. The policy will be in
place for up to one year, or upon
completion of the Ukiah RMP. The
closure will be invoked or lifted through
notices in news media outlets,
information hot lines and on-the-ground
postings. The lands covered by this
temporary closure include all public
lands administered by the Ukiah Field
Office within the South Cow Mountain
Recreation Area. Public notices listed on
information lines will specify which
public lands will be temporarily closed,
and will reflect local conditions. One of
the following criteria shall be met to
temporarily close the area:
(1) State, County or Federal road
access to the area is closed or restricted
to residents and emergency personnel;
(2) BLM or emergency response
personnel cannot access and/or perform
their duties in a given location;
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3059
(3) Roads or trails are saturated with
moisture to the point where vehicle
traffic causes ruts or bogs leading to
increased erosion. Moisture criteria are
detailed in the SUPPLEMENTARY
INFORMATION below. The above
temporary closure is intended to allow
the BLM flexibility in implementing
closures while utilizing the most timeeffective method of notifying the public.
This will also facilitate management to
minimize threats to public health and
safety, as well as the potential for
resource damage. Any time the closure
policy is enacted, the following persons
will be exempt:
(1) Federal, State, or local law
enforcement officers, while engaged in
the execution of their official duties.
(2) BLM personnel or their
representatives while engaged in
execution of their official duties.
(3) Any member of an organized
rescue, fire-fighting force, and/or
emergency medical services
organization while in the performance
and execution of an official duty.
(4) Any member of a Federal, State, or
local public works department while in
the performance of an official duty.
(5) Any person in receipt of a written
authorization of exemption obtained
from the Ukiah Field Office.
(6) Local landowners, persons with
valid existing rights or lease operations,
or representatives thereof, who have a
responsibility or need to access their
property or to continue their operations
on public land.
(7) Human use and associated foot
traffic into the area during the closure
period are exempt from this closure
restriction.
EFFECTIVE DATE: This policy will become
effective October 1, 2004, and shall
remain in effect for up to one year, or
upon completion of the Ukiah RMP.
FOR FURTHER INFORMATION CONTACT: Rich
Burns, field manager, BLM Ukiah Field
Office, 2550 North State St., Ukiah, CA
95482. Telephone: (707) 468–4000.
SUPPLEMENTARY INFORMATION: These
closures and restrictions are under the
authority of 43 CFR 8364.1. Persons
violating this closure shall be subject to
the penalties provided in 43 CFR
8360.0–7, including a fine not to exceed
$1,000 and/or imprisonment not to
exceed 12 months. Parties exempt from
the closure action shall be responsible
for mitigating any resource damage
caused by entering the closed area.
Waivers can be granted for emergency
circumstances; however, in the event an
emergency is caused by a negligent
action, the responsible party would then
be responsible for the mitigation.
E:\FR\FM\19JAN1.SGM
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]]>Agencies
[Federal Register Volume 70, Number 12 (Wednesday, January 19, 2005)]
[Notices]
[Pages 3054-3059]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-995]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Osage Tribe--Sale and Consumption of Alcoholic Beverages
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Osage Tribe's Liquor Control
Ordinance. The Ordinance regulates and controls the possession, sale
and consumption of liquor within the Osage Indian Reservation and Osage
Indian Country. The land is located on trust land and this Ordinance
allows for the possession and sale of alcoholic beverages within the
Osage Tribe's Reservation and Osage Indian Country and will increase
the ability of the tribal government to control the tribe's liquor
distribution and possession, and at the same time will provide an
important source of revenue for the continued operation and
strengthening of the tribal government and the delivery of tribal
services.
EFFECTIVE DATE: This Act is effective on January 19, 2005.
FOR FURTHER INFORMATION CONTACT: Karen Ketcher, Regional Tribal
Government Officer, Bureau of Indian Affairs, Eastern Oklahoma Regional
Office, PO Box 8002, Muskogee, OK 74402-8002, Phone 918-781-4685, Fax
918-781-4649; or Ralph Gonzales, Office of Tribal Services, 1951
[[Page 3055]]
Constitution Avenue, NW., MS-320-SIB, Washington, DC 20240; Telephone
(202) 513-7629.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The Osage Tribal Council adopted its
Liquor Control Ordinance by Resolution No. 31-846 on August 4, 2004.
The purpose of this Ordinance is to govern the sale, possession and
distribution of alcohol within the Osage Indian Reservation and Osage
Indian Country.
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 this Liquor Ordinance, of the Osage Tribe, was duly
adopted by the Tribal Council on August 4, 2004.
Dated: January 11, 2005.
David W. Anderson,
Assistant Secretary--Indian Affairs.
The Osage Tribe's Liquor Ordinance reads as follows:
Osage Tribe Liquor Control Ordinance
Introduction
Section 1. Citation
This Act may be cited as the ``Osage Tribe Liquor Control
Ordinance.''
Section 2. Purpose
(a) It is necessary to strengthen the government of the Osage Tribe
of Indians by exercising the specific grant of authority contained in
Act of June 28, 1906, 34 Stat. 539, as amended, and interpreted by
subsequent judicial decisions, to levy and collect taxes and fees, to
license and regulate certain conduct within the jurisdiction of the
Osage Tribe, to provide financing for the current expenses of the
tribal government, and to provide financing for the expansion of tribal
government operations and services in order for the Osage Tribe to
efficiently and effectively exercise its confirmed inherent sovereignty
and governmental responsibilities within the jurisdiction of the Osage
Tribe.
(b) The purpose of this Ordinance is to regulate the sale,
possession and use of alcoholic liquor on the Osage Indian Reservation
and other lands subject to Tribal jurisdiction, and to provide simple,
fair, straightforward and efficient procedures for the levy and
collection of certain taxes and fees and the licensing and regulation
of certain conduct.
(c) The enactment of a tribal ordinance governing liquor possession
and sale on the Osage Indian Reservation and Osage Indian Country will
increase the ability of the tribal government to control the sale,
distribution and possession of liquor and will provide an important
source of revenue for the continued operation and strengthening of the
tribal government and the delivery of tribal government services.
Section 3. Declaration of Public Policy
(a) The introduction, possession, and sale of liquor in the Osage
Indian Reservation and Osage Indian Country are a matter of special
concern to the Osage Tribe.
(b) Federal law forbids the introduction, possession and sale of
liquor in Indian Country (18 U.S.C. 1154 and other statutes), except
when the same is in conformity both with the laws of the State and
Tribe (18 U.S.C. 1161). As such, compliance with this ordinance shall
be in addition to, and not a substitute for, compliance with the laws
of the State of Oklahoma or other state where the Osage Indian
Reservation and/or Osage Indian Country is located.
(c) The Osage Tribal Council finds that a complete ban on liquor
within the Osage Indian Reservation and Osage Indian Country is
ineffective and unrealistic. However, it recognizes that a need still
exists for strict regulation and control over liquor transactions
within the Osage Indian Reservation and Osage Indian Country because of
the many potential problems associated with the unregulated or
inadequately regulated sale, possession, distribution, and consumption
of liquor. The Osage Tribal Council finds that tribal control and
regulation of liquor is necessary to achieve maximum economic benefit
to the Tribe, to protect the health and welfare of tribal members, and
to address specific concerns relating to alcohol use on the Osage
Indian Reservation and Osage Indian Country.
(d) It is in the best interests of the Osage Tribe to enact a
tribal ordinance governing liquor sales on the Osage Indian Reservation
and Osage Indian Country, which provides for purchase, distribution,
and sale of liquor only on tribal lands within the exterior boundaries
of the Osage Indian Reservation and in Osage Indian Country wherever
located. Further, the Tribe has determined that said purchase,
distribution, and sale shall take place only at a tribally-owned gaming
facility complex or at such other location duly licensed by the Osage
Tribe.
Section 4. Jurisdiction
The Osage Tribal Council, as the sole governing body of the Osage
Tribe of Indians, hereby affirmatively declares, asserts, and extends
the jurisdiction of the Osage Tribe over the Osage Indian Reservation
and all Indian country, as defined in 18 U.S.C. 1151, within the
exterior boundaries of the Osage Indian Reservation, as described in
the Act of June 5, 1872, 17 Stat. 220, except that portion purchased by
the Kaws, and all Osage Indian Country wherever located.
Section 5. Scope of Law; Consent
The scope of this ordinance shall extend to all persons or legal
entities receiving licenses hereunder, or doing business within the
Tribal jurisdiction, or having significant contacts within the Tribal
jurisdiction, or residing within the Tribal jurisdiction, or entering
or coming within the Tribal jurisdiction, or consuming, possessing,
manufacturing or distributing alcohol within the Tribal jurisdiction.
All such persons or entities shall be deemed to have consented to the
jurisdiction of the Osage Tribe of Indians and to the provisions of
this Act, the operation thereof, and to the jurisdiction and authority
of the Osage Tribe of Indians, and shall, by virtue of such actions, be
deemed to have waived all jurisdictional defenses to the jurisdiction
and venue of the Osage Tribe of Indians and the Osage Tribal Court,
notwithstanding that such persons or legal entities may be of non-
Indian descent or character.
Section 6. Severability
If any provision or application of this ordinance is determined by
review to be invalid, such determination shall not be held to render
ineffectual the remaining portions of this ordinance or to render such
provisions inapplicable to other persons or circumstances. Any and all
prior liquor control enactments of the Tribal Council which are
inconsistent with the provisions of this ordinance are hereby rescinded
and repealed.
Section 7. Amendment and Construction
This ordinance may only be amended by a vote of the Osage Tribal
Council, the governing body of the Osage Tribe. Nothing in this
ordinance shall be construed to diminish or impair in any way the
rights or sovereign powers of the Osage Tribe or its tribal government.
Section 8. Sovereign Immunity
The Osage Tribal Council, as the sole governing body of the Osage
Tribe of
[[Page 3056]]
Indians, expressly and generally reserves for itself, the Osage Tribe
of Indians, the Osage Nation Tax Commission and individual members and
employees of the Osage Tribal Council and the Osage Nation Tax
Commission and individual employees of the Osage Tribal Government,
when acting within the scope of their official duties, all rights of
sovereign immunity against lawsuits of every kind and nature, less and
except the right to appeal decisions of the Tax Commission as provided
by Section 106 of the Osage Tribe Revenue and Taxation Act of 1997, as
amended.
The sovereign immunity of the Tribe and any elected Tribal council
member or tribal official and the Osage Nation Tax Commission with
respect to any action taken in an official capacity under this
ordinance, or in the exercise of the official powers of any such
office, in any action filed in any court with respect thereto, may only
be waived by a formal resolution of the Tribal Council. All waivers
shall be unequivocally expressed in such resolution. No waiver of the
Tribe's sovereign immunity from suit may be implied from any action or
document. Waivers of sovereign immunity in a Tribal Council resolution
shall not be general but shall be specific and limited as to duration,
grantee, action, and property or funds, if any, of the Tribe or any
agency of the tribe subject thereto. No express waiver of sovereign
immunity by resolution of the Tribal Council shall be deemed a consent
to the levy of any judgment, lien or attachment upon property of the
Tribe or any agency of the Tribe other than property specifically
pledged or assigned therein. Any consent to arbitration agreed to by
the Tribe in any contract shall not constitute a waiver of sovereign
immunity unless it conforms to this section, and the Tribe hereby
expressly retains its sovereign immunity from suit.
Section 9. Effective Date
This ordinance shall be effective on such date as the Secretary of
the Interior certifies this ordinance and publishes the same in the
Federal Register.
Chapter One--Liquor Control
Section 101. Definitions
As used in this Ordinance, the following words shall have the
following meaning unless the context clearly requires otherwise:
(a) ``Alcohol'' means that substance known as ethyl alcohol,
hydrated oxide of ethyl, alcohol, hydrated oxide of ethyl, ethanol, or
spirits of wine, from whatever source or by whatever source or by
whatever process produced.
(b) ``Alcoholic Beverage'' is synonymous with the term ``liquor''
as defined in subsection (h) of this section.
(c) ``Bar'' means any establishment with special space and
accommodations for the sale of liquor by the glass and for consumption
on the premises as herein defined.
(d) ``Beer'' means any beverage obtained by the alcoholic
fermentation of an infusion or decoction of pure hops, or pure extract
of hops and pure barley malt or other wholesome grain or cereal in pure
water and containing the percent of alcohol by volume subject to
regulation as an intoxicating beverage in the state where the beverage
is located. Beer includes, among other things, beer, ale, stout, lager
beer, porter and other malt or brewed liquors, but does not include
sake, known as Japanese rice wine.
(e) ``Consume'' means the putting of liquor to any use, whether by
drinking or otherwise.
(f) ``Distiller'' means a person engaged in the business of
distilling spirits.
(g) ``Distribute'' means to deliver or sell liquor products prior
to retail sale.
(h) ``Liquor'' includes the four varieties of liquor (alcohol,
spirits, wine and beer) and all fermented, spirituous, vinous, malt
liquor, or combinations thereof, a mixed liquor a part of which is
fermented, and every liquid or solid or semisolid or other substance,
patented or not, containing distilled or rectified spirits, potable
alcohol, beer, wine, brandy, whiskey, rum, gin, aromatic bitters, and
all drinks or drinkable liquids and all preparations or mixtures
capable of human consumption and any liquid, semisolid, solid, or other
substances which contains more than one-half of 1 percent of alcohol.
(i) ``Liquor Store'' means any store at which liquor is sold and,
for the purpose of this ordinance, including stores only a portion of
which are devoted to sale of liquor or beer.
(j) ``Malt Liquor'' means beer, strong beer, ale, stout and porter.
(k) ``Manufacturer'' means a person engaged in the preparation of
liquor for sale, in any form whatsoever.
(l) ``Osage Indian Reservation and Osage Indian Country'' means all
lands constituting Indian Country as defined by 18 U.S.C. 1151 that are
subject to the jurisdiction of the Osage Tribe.
(m) ``Osage Nation Tax Commission'' means the authority of the
Osage Tribe which is charged with the duty to enforce this Liquor
Control Ordinance in addition to their other duties.
(n) ``Osage Tribal Council'' means the governing body of the Osage
Tribe.
(o) ``Osage Tribe'' means the federally recognized Osage Tribe and
any of its successors or assigns.
(p) ``Package'' means any container or receptacle used for holding
liquor.
(q) ``Person'' means an individual, partnership, association or
corporation.
(r) ``Public Place'' includes state, county, tribal, federal
highways, or roads; buildings and grounds used for school purposes;
streets and alleys of communities; rodeo grounds, tribal ceremonial
grounds, community buildings, public dance halls and grounds adjacent
thereto; soft drink establishments, public buildings, public meeting
halls, lobbies, halls and dining rooms of hotels, restaurants,
theaters, gaming facilities, entertainment centers, stores, garages,
and filling stations which are open to and/or are generally used by the
public and to which the public is permitted to have unrestricted
access; public conveyances of all kinds and character; publicly-owned
bathing beaches, parks or playgrounds; and all other places of like or
similar nature to which the general public has unrestricted right of
access and which are generally used by the public.
(s) ``Sale and Sell'' include exchange, barter, and traffic, and
also include the selling or supplying or distributing by any means
whatsoever, of liquor, or of any liquid known or described as beer or
by any name whatsoever commonly used to describe malt or brewed liquor
or of wine by any person to any person.
(t) ``Spirits'' mean any beverage which contains alcohol obtained
by distillation, and includes those products known as whiskey, brandy,
rum, gin, vodka, liqueurs, cordials and fortified wines and similar
compounds, including wines exceeding 17 percent of alcohol by weight.
(u) ``Tavern'' means any retail sales business selling beer, liquor
or wine not in sealed packages, that is ``by the drink,'' within the
boundaries of the Osage Indian Reservation or Osage Indian Country.
(v) ``Tribal Court'' means the Osage Tribal Court.
(w) ``Wine'' means any alcohol beverage obtained by fermentation of
the natural contents of fruits, vegetables, honey, milk or other
products containing sugar, whether or not other ingredients are added,
to which any saccharine substances may have been added before, during
or after fermentation, and containing more than one-half of one percent
alcohol by volume and not more than 17 percent of alcohol by weight,
including sweet wines fortified with wine spirits such as
[[Page 3057]]
port, sherry, muscatel and angelica, and including vermouth and sake,
known as Japanese rice wine.
Section 102. Enforcement
(a) Powers and Duties. In furtherance of this ordinance, the Osage
Nation Tax Commission shall have the following powers and duties:
(1) To publish and enforce rules and regulations governing
licensing and the sale, manufacture, distribution, and possession of
alcoholic beverages on the Osage Indian Reservation and Osage Indian
Country. Such rules and regulations shall not be inconsistent with the
rules and regulations of the State of Oklahoma and shall be approved by
the Osage Tribal Council prior to taking effect;
(2) To employ managers, accountants, security personnel, inspectors
and such other persons as shall be reasonably necessary to allow the
Osage Nation Tax Commission to perform its function. Such employees
shall be tribal employees;
(3) To bring suit in the Tribal Court or other appropriate Court to
enforce this ordinance as necessary;
(4) To issue licenses permitting the sale of liquor on the Osage
Indian Reservation and other lands subject to Tribal jurisdiction;
(5) To determine and seek damages for violation of the ordinance;
(6) To make such reports as may be required by the Osage Tribal
Council;
(7) Keep accurate records, books and accounts; and
(8) To exercise such other powers as is necessary and appropriate
to fulfill the purposes of this ordinance.
(b) Limitation on Powers. In the exercise of its powers and duties
under this ordinance, the Osage Nation Tax Commission shall not:
(1) Accept any gratuity, compensation or other thing of value from
any liquor wholesaler, retailer, or distributor or from any licensee;
or
(2) Waive the immunity of the Osage Tribe from suit without the
express written consent and resolution of the Tribal Council in
accordance with Section 8.
(c) Inspection Rights. The premises on which liquor is sold or
distributed shall be open for inspection by the Osage Nation Tax
Commission at all reasonable times for the purposes of ascertaining
whether the rules and regulations of the Osage Nation Tax Commission
and this ordinance are being complied with.
Section 103. Licensing
(a) Application. Any person or entity applying for a license to
sell or serve liquor in the jurisdiction of the Osage Nation shall
complete an application provided by the Osage Nation Tax Commission and
pay such application fee as may be set from time to time by the Osage
Nation Tax Commission.
(b) Licensing requirements. No license shall be issued under this
ordinance except upon a sworn application filed with the Osage Nation
Tax Commission containing a full and complete application showing the
following:
(1) Satisfactory proof that the applicant is duly licensed by the
State of Oklahoma to sell alcoholic beverages;
(2) The description and location of the premises in which the
alcoholic beverages are to be sold and proof that the applicant is
entitled to use such premises for such purposes for the duration of the
time period of the license;
(3) Agreement by the applicant to accept and abide by all
conditions of the license as established by the Osage Nation Tax
Commission; and
(4) Payment of a fee established by the Osage Nation Tax
Commission;
(c) Period of license. Each license may be issued for a period not
to exceed one year from the date of issuance.
(d) Renewal of license. A licensee may renew its license if the
licensee has complied in full with this ordinance.
(e) Revocation of license. The Osage Nation Tax Commission may
revoke a license for reasonable cause upon notice and hearing at which
the licensee is given an opportunity to respond to any charges against
it and to demonstrate why the license should not be suspended or
revoked.
(f) Non-transferability of license. Licenses issued by the Osage
Nation Tax Commission shall not be transferable and may only be
utilized by the person or entity to which it was issued.
Section 104. Sales and Purchases of Liquor
The introduction and possession of liquor consistent with this
ordinance shall be lawful within Indian Country under the jurisdiction
of the Osage Tribe and within the exterior boundaries of the Osage
Indian Reservation only when such activities are in conformity with
this Ordinance. All other purchases and sales of liquor within the
Osage Indian Reservation and Osage Indian Country shall be prohibited.
(a) Sales by Tribe or Licensees. Only the Osage Tribe may make
retail sales of liquor in gaming facilities that are owned by the Tribe
and the patrons of the Tribe's gaming facilities may consume said
liquor on the gaming facility complex. Any other licensed retailer may
make retail sales of liquor on their licensed premises, but patrons of
the licensee may consume said liquor only on those licensed premises,
or where otherwise allowed by this ordinance.
(b) Sales for Cash. All liquor sales on the Osage Indian
Reservation and Osage Indian Country shall be on a cash only basis and
no credit shall be extended to any person, organization, or entity,
except that the provision does not prevent the payment for purchases
with use of credit cards such as Visa, MasterCard, American Express,
etc.
(c) Sale for Personal Consumption. All sales shall be for the
personal use and consumption of the purchaser. Any person who purchases
an alcoholic beverage on the Osage Indian Reservation and Osage Indian
Country and sells it, without a license, whether in the original
container or not, shall be guilty of a violation of this ordinance and
shall be subjected to paying damages to the Osage Tribe as set forth
herein.
Section 105. Taxes
(a) Tax Levied. There is hereby levied a liquor tax of five percent
(5%) on the sale of each and every alcoholic beverage sold within the
Osage Indian Reservation and Osage Indian Country. The incidence of
said tax shall be on the consumer. The liquor tax shall be collected by
the gaming facility or licensee and paid over to the Osage Nation Tax
Commission as provided herein. No municipality, city, town or county,
nor the state shall have the power to impose an excise or any other tax
upon liquor as defined in this Ordinance, or to govern or license the
sale or distribution thereof in any manner within the Osage Indian
Reservation and Osage Indian Country, unless in conformance with
federal, Oklahoma, and Osage Tribal law.
(b) Taxes Due. All taxes for the sale of liquor and alcoholic
beverages on the Osage Indian Reservation and Osage Indian Country are
due on the 15th day of the month following the end of the calendar
quarter for which the taxes are due.
(c) Delinquent Taxes. Past due taxes shall accrue interest at two
percent (2%) per month.
(d) Reports. Along with payment of the taxes imposed herein, the
taxpayer shall submit a quarterly accounting of all income from the
sale or distribution of liquor, as well as for the taxes collected, to
the Osage Nation Tax Commission.
(e) Compliance with Tribal Tax laws. Except as otherwise set forth
in this Ordinance, the collection and enforcement of liquor taxes shall
be
[[Page 3058]]
conducted by the Osage Nation Tax Commission in accordance with the
Osage Tribe Revenue and Taxation Act of 1997, as amended.
Section 106. Rules, Regulations and Enforcement
(a) In any proceeding under this ordinance, conviction of one
unlawful sale or distribution of liquor shall establish prima facie
intent of unlawfully keeping liquor for sale, selling liquor or
distributing liquor in violation of this ordinance.
(b) Any person who buys liquor within the boundaries of the Osage
Indian Reservation and Osage Indian Country contrary to this ordinance
shall be guilty of a violation of this ordinance.
(c) Any person who sells or offers for sale any liquor within the
boundaries of the Osage Indian Reservation and Osage Indian Country
contrary to this ordinance shall be guilty of a violation of this
ordinance.
(d) Any person who shall operate a liquor product outlet or tavern
within the boundaries of the Osage Indian Reservation and Osage Indian
Country without first obtaining a current and valid Tribal license
under this Ordinance shall be considered to be in violation of all
federal Indian liquor laws and regulations as well as in violation of
this Ordinance.
(e) Any person who keeps or possesses liquor upon his person or in
any place or on premises conducted or maintained by his principal or
agent with the intent to sell or distribute it contrary to the
provisions of this title, shall be guilty of a violation of this
ordinance.
(f) Any person who knowingly sells liquor to a person under the
influence of liquor shall be guilty of a violation of this ordinance.
No person shall sell liquor to any buyer when, from the physical
appearance of the buyer at the time of the sale, it could be reasonably
believed or understood that the buyer was intoxicated.
(g) Any person engaged wholly or in part in the business of
carrying passengers for hire, and every agent, servant, or employee of
such person, who shall knowingly permit any person to drink liquor in
any public conveyance, shall be guilty of an offense. Any person who
shall drink liquor in a public conveyance shall be guilty of a
violation of this ordinance.
(h) No person under the age of 21 years shall consume, acquire or
have in his possession any liquor or alcoholic beverage. No person
shall permit any other person under the age of 21 to consume liquor on
his premises or any premises under his control except in those
situations set out in this section. Any person who shall sell or
provide any liquor to any person under the age of 21 years shall be
guilty of a violation of this ordinance for each sale or drink
provided. Any person violating this section shall be guilty of a
separate violation of this ordinance for each and every drink so
consumed.
(i) Any person who transfers in any manner an identification of age
to a person under the age of 21 years for the purpose of permitting
such person to obtain liquor shall be guilty of an offense, provided
that corroborative testimony of a witness other than the underage
person shall be a requirement of finding a violation of this ordinance.
(j) Any person who attempts to purchase an alcoholic beverage
through the use of false or altered identification which falsely
purports to show the individual to be over the age of 21 years shall be
guilty of violating this ordinance.
(k) When requested by the provider of liquor, any person shall be
required to present official documentation of the bearer's age,
signature and photograph. Official documentation includes any one or
more of the following:
(1) Driver's license or identification card issued by any state
department of motor vehicles;
(2) Tribal enrollment card, Tribal identification card or
Certificate of Degree of Indian Blood (CDIB) card showing date of birth
and photograph;
(3) United States Active Duty Military; or
(4) Passport.
(l) Liquor which is possessed, including for sale, contrary to the
terms of this ordinance is declared to be contraband. Any tribal agent,
employee or officer who is authorized by the Tribal Council or Osage
Nation Tax Commission, including law enforcement officers under a
cross-deputization agreement, to enforce this section shall seize all
contraband and preserve it in accordance with the provisions
established for the reservation of impounded property. Upon being found
in violation of this ordinance, the party shall forfeit all right,
title and interest in the items seized which shall become the property
of the Osage Tribe.
(m) Alcoholic liquor shall not be given as a prize, premium or
consideration for a lottery, contest, game of chance or skill, or
competition of any kind.
(n) For the purpose of obtaining information concerning any matter
related to the administration or enforcement of this ordinance, the
Tribe or any person appointed by it in writing for that purpose, may
inspect the books and records of any licensee doing business on the
Osage Indian Reservation and Osage Indian Country. Every person who
neglects or refuses to produce or submit to inspection any records
referred to in this section when requested to do so shall be guilty of
a violation of this ordinance.
(o) Any person guilty of a violation of this ordinance, except non-
payment of liquor taxes due, shall be liable to pay to the Osage Tribe
the amount of up to $5,000 per violation as civil damages to defray the
Tribe's cost of enforcement of this ordinance, and may be subject to
criminal prosecution under tribal law, or under state law if non-
Indian. The Tribal Court shall not issue any order or injunction
closing any business for a violation of this ordinance without granting
to the defendant the opportunity to have a full evidentiary and
adversary hearing before the Tribal Court.
(p) All persons found to have violated this ordinance, except for
non-payment of liquor taxes, shall be reported to the Federal Bureau of
Investigation and the United States Attorney for the purpose of
requesting a federal criminal prosecution of such persons or entities
for violation of Federal Indian liquor laws.
Section 107. Exemptions
(a) Nothing in this Ordinance shall apply to or prevent the sale of
liquor by any person to the Tribe.
(b) Nothing in this Ordinance shall apply to alcoholic beverages
used in a bona fide religious ceremony.
(c) Nothing in this Ordinance shall apply to or prevent sale,
purchase or consumption of:
(1) Any pharmaceutical preparation containing liquor which is
prepared by a druggist according to a formula of the pharmacopoeia of
the United States, or the dispensatory of the United States; or
(2) Away proprietary or patent medicine; or
(3) Wood alcohol or denatured alcohol, except in the case or the
sale, purchase, or consumption of wood alcohol or denatured alcohol for
beverage purposes, either alone or combined with any other liquid or
substance.
(4) Cooking Wine used in cooking.
(d) Nothing in this Ordinance shall apply to wine or beer
manufactured in any home for consumption therein, and not for sale.
(e) Nothing in this Ordinance shall apply to alcoholic beverages
possessed by an individual in his/her home for private consumption
therein.
[[Page 3059]]
Section 108. Abatement
(a) Any room, house, building, vehicle, structure, or other place
where liquor is sold, manufactured, bartered, exchanged, given away,
furnished, or otherwise disposed of in violation of the provisions of
this ordinance or of any other tribal law relating to the manufacture,
importation, transportation, possession, distribution and sale of
liquor, and all property kept in and used in maintaining such place, is
hereby declared to be a nuisance.
(b) The Osage Nation Tax Commission shall institute and maintain an
action in the Tribal Court in the name of the Tribe to abate and
perpetually enjoin any nuisance declared under this article. In
addition to other remedies at tribal law, the Tribal Court may also
order the room, house, building, vehicle, structure, or place closed
for a period of 1 year or until the owner, lessee, tenant, or occupant
thereof shall give bond of a sufficient sum from $1,000 to $15,000,
depending upon the severity of past offenses, the risk of offenses in
the future and other appropriate criteria, payable to the Tribe and
conditions that liquor will not be thereafter manufactured, kept, sold,
bartered, exchanged, given away, furnished, or otherwise disposed of in
violation of the provisions of this ordinance or of any other violation
of this ordinance or other tribal liquor laws. If any conditions of the
bond are violated, the bond may be applied to satisfy any amount due to
the Tribe under this ordinance.
(c) In all cases where any person has been found in violation of
this ordinance relating to the manufacture, importation,
transportation, possession, distribution, and sale of liquor, an action
may be brought to abate as a nuisance any real estate or other property
involved in the violation of the ordinance and violation of this
ordinance shall be prima facie evidence that the room, house, building,
vehicle, structure, or place against which such action is brought is a
public nuisance.
Section 109. Liability Insurance
Prior to a liquor license being granted to any applicant, and prior
to renewal of any liquor license, the applicant must provide proof of
liability insurance to the Osage Nation Tax Commission.
Section 110. Revenue
Revenue received by the Tribe under this ordinance, from whatever
source, shall be expended for administrative costs incurred in the
enforcement of this ordinance. Excess funds shall be subject to
appropriation by the Tribal Council for essential governmental and
social services, including the use of revenues to combat alcohol abuse
and its debilitating effects among individuals and family members with
the Osage Tribe.
Certification
I hereby certify that the above and foregoing Liquor Control
Ordinance is the Ordinance adopted by the Osage Tribal Council on
the 4th day of August 2004, pursuant to Resolution No. 3846.
Jim Gray,
Principal Chief.
Attested by:
Jewell Purcell,
Secretary.
[FR Doc. 05-995 Filed 1-18-05; 8:45 am]
BILLING CODE 4310-4J-P
