Peoria Tribe of Indians of Oklahoma-Liquor Control Ordinance, 20165-20168 [05-7680]
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
Louisville Public Library, Thornton
Public Library, and Mamie Dowd
Eisenhower Library in Broomfield.
The 6,240acre Rocky Flats National Wildlife
Refuge site is in northern Jefferson
County and southern Boulder County,
Colorado. The Rocky Flats site was used
as a nuclear weapons production facility
until 1992, when the mission of Rocky
Flats changed to environmental cleanup
and closure. The majority of the site has
remained undisturbed for over 50 years
and provides habitat for many wildlife
species, including the federally
threatened Preble’s meadow jumping
mouse, and several rare plant
communities. Under the Rocky Flats
National Wildlife Refuge Act of 2001,
most of the site will become a National
Wildlife Refuge once cleanup and
closure has been completed. The Refuge
will likely be established sometime
between 2006 and 2008.
The National Wildlife System
Administration Act of 1966, as amended
by the National Wildlife Refuge
Improvement Act of 1997, requires the
Service to develop a CCP for each
National Wildlife Refuge. The purpose
in developing a CCP is to provide refuge
managers with a 15-year strategy for
achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and Service policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, the CCP identifies
wildlife-dependent recreational
opportunities available to the public,
including opportunities for hunting,
fishing, wildlife observation and
photography, and environmental
education and interpretation. The CCP
is intended to be a dynamic document
that will be adaptable to changing
resource and management conditions.
The ROD provides the basis for the
decision by the Service on the proposed
management of the future Refuge. The
Service adopted and plans to implement
Alternative B—Wildlife, Habitat, and
Public Use as described in the Final
CCP/EIS to provide Refuge management
direction for the first 15 years following
the establishment of the Refuge. The
Service identified Alternative B as the
Preferred Alternative in the Final CCP/
EIS. The Service believes that
Alternative B best satisfies the mission
of the Service and the National Wildlife
Refuge System, the direction of the
Refuge Act, and the long-term needs of
the habitats and wildlife at Rocky Flats.
SUPPLEMENTARY INFORMATION:
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Alternative B, the Service’s selected
alternative, emphasizes wildlife and
habitat conservation with a moderate
amount of wildlife-dependent public
use. Refuge-wide habitat conservation
would include management of native
plant communities, weeds, restoration
tools, removal and revegetation of
unused roads and stream crossings,
management of deer and elk
populations, prairie dogs, and
protection of Preble’s meadow jumping
mouse habitat. Visitor use facilities
would include about 16 miles of trails,
a seasonally staffed visitor contact
station, trailheads with parking, and
developed overlooks. Most of the trails
would use existing roads and public
access would be by foot, bicycle, horse,
or car. A limited public hunting
program would be developed.
Public comments were requested,
considered, and incorporated
throughout the planning process in
numerous ways. Public outreach has
included public open houses, public
hearings, individual outreach activities,
planning update mailings, and Federal
Register notices. Three previous notices
were published in the Federal Register
concerning this CCP/EIS (67 FR 54667,
August 23, 2002; 69 FR 7789, February
19, 2004, and 69 FR 75334, December
16, 2004).
Dated: February 11, 2005.
Ralph O. Morgenweck,
Regional Director, Region 6, Denver, CO.
[FR Doc. 05–7669 Filed 4–15–05; 8:45 am]
BILLING CODE 4310–55–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Peoria Tribe of Indians of Oklahoma—
Liquor Control Ordinance
Bureau of Indian Affairs,
Interior.
ACTION: Notice.
AGENCY:
SUMMARY: This notice publishes the
Peoria Tribe of Indians of Oklahoma’s
(Tribe) Liquor Control Ordinance. The
Ordinance regulates and controls the
possession, sale and consumption of
liquor on the Tribe’s land. This
Ordinance allows for the possession and
sale of alcoholic beverages on tribal land
and will increase the ability of the tribal
government to control liquor
distribution and possession. At the same
time, the Ordinance will provide an
important source of revenue for the
continued operation and strengthening
of the tribal government and the
delivery of tribal services.
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20165
Effective Date: This Act is
effective on April 18, 2005.
DATES:
FOR FURTHER INFORMATION CONTACT:
Karen Ketcher, Eastern Oklahoma
Regional Office, Deputy Regional
Director—Indian Services, P.O. Box
8002, Muskogee, Oklahoma 74402–
8002; Telephone (918) 781–4600; or
Ralph Gonzales, Office of Tribal
Services, 1951 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 Peoria Business Committee of the
Peoria Tribe of Indians of Oklahoma
adopted its Ordinance by Resolution
No. R–04–06–04–J on April 6, 2004, and
amended it by Resolution No. R–11–02–
04–B on November 2, 2004. The
purpose of this Ordinance is to govern
the sale, possession and distribution of
alcohol within Tribal land of the Peoria
Tribe of Indians of Oklahoma.
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 Control
Ordinance, of the Peoria Tribe of
Indians of Oklahoma, was duly adopted
by the Peoria Business Committee on
April 6, 2004, and amended on
November 2, 2004.
Dated: April 8, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary—
Indian Affairs.
The Peoria Tribe of Indians of
Oklahoma Liquor Ordinance reads as
follows:
Section 1. Declaration of Public Policy and
Purpose
a. The Peoria Business Committee, in
accordance with Article VIII, Section 2(j) of
the Constitution of the Peoria Tribe of
Indians of Oklahoma, is authorized to enact
resolutions, ordinances, and act on behalf of
the Peoria Tribe.
b. The Peoria Business Committee finds
that tribal control and regulation of liquor is
necessary to protect the health and welfare of
tribal members, to address specific concerns
relating to alcohol use on tribal lands, and to
achieve maximum economic benefit to the
Tribe.
c. The introduction, possession and sale of
liquor on tribal lands is a matter of special
concern to the Peoria Business Committee.
d. The Peoria Business Committee finds
that a complete ban on liquor on tribal lands
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Notices
is ineffective and unrealistic. However, it
recognizes the need for strict regulation and
control over liquor transactions on tribal
lands because of the many potential
problems associated with the unregulated or
inadequately regulated sale, possession,
distribution and consumption of liquor.
e. Federal law forbids the introduction,
possession, and sale of liquor in Indian
country except when the same is in
conformity both with the laws of the State
and the Tribe, 18 U.S.C. 1161. As such,
compliance with this ordinance shall be in
addition to, and not substitute for,
compliance with the laws of the State of
Oklahoma.
f. It is in the best interests of the Tribe to
enact tribal ordinance governing liquor sales
on tribal lands and which provides for
exclusive purchase, distribution, and sale of
liquor only on tribal lands within the exterior
boundaries of tribal lands. Further, the Tribe
has determined that said purchase,
distribution and sale shall take place on
designated land only.
Section 2. Definitions
As used in this ordinance, the following
words shall have the following meanings
unless the context clearly require otherwise:
a. Alcohol. 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
process produced.
b. Alcoholic beverage. This term is
synonymous with the term liquor as defined
in paragraph (f) of this Section.
c. Bar. 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. 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.
e. Business Committee. The governing
body of the Peoria Tribe of Indians of
Oklahoma, as defined in the Tribal
Constitution.
f. Liquor. All fermented, spirituous, vinous,
or malt liquor or combinations thereof, and
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 contain more than one half of one
percent of alcohol.
g. Liquor Control Board. The Peoria Liquor
Control Board as established by Section 3 of
this Ordinance.
h. Liquor store. Any store at which liquor
is sold and, for the purpose of this
Ordinance, includes stores where only a
portion of which are devoted to sale of liquor
or beer.
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i. Malt liquor. Beer, strong beer, ale, stout
or porter.
j. Package. Any container or receptacle
used for holding liquor.
k. Public place. Federal, state, county, or
tribal highways and roads; buildings and
grounds used for school purposes; public
dance halls and grounds adjacent thereto;
soft drink establishments, public buildings,
public meeting halls, lobbies, halls and
dining room of hotels, restaurants, theaters,
gaming facilities, entertainment centers,
stores, garages, and filling stations which are
open to and/or generally used by the public
and to which the public is permitted to have
generally unrestricted access; public
conveyances of all kinds and character; 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.
l. Sale and sell. The exchange, barter and
traffic, including 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.
m. Spirits. Any beverage which contains
alcohol obtained by distillation, including
wines exceeding seventeen percent of alcohol
by weight.
n. Tribal Court. Refers to the Peoria Tribal
Court or, in accordance with Article XVI of
the Constitution of the Peoria Tribe of
Indians of Oklahoma, the Court of Indian
Offenses, more specifically designated for
purposes of this Ordinance as 25 CFR Court
located at the Miami Agency of the Bureau
of Indian Affairs in Miami, Oklahoma.
o. Tribal lands. Any or all land over which
the Tribe exercises governmental power and
that is either held in trust by the United
States for the benefit of the Tribe or
individual members of the Tribe, or held by
the Tribe or individual members of the Tribe
subject to restrictions by the United States
against alienation.
p. Wine. Any alcoholic 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 not more than seventeen percent
of alcohol by weight, including sweet wines
fortified with wine spirits, such as port,
sherry, muscatel and angelia, not exceeding
seventeen percent of alcohol by weight.
Section 3. Peoria Liquor Control Board
a. There is hereby established a Peoria
Liquor Control Board, composed of a
Chairperson, Vice-Chairperson, Secretary,
Treasurer and three (3) additional members.
b. The Peoria Liquor Control Board shall
consist of the officers and members of the
Peoria Business Committee.
c. Officers and members of the Peoria
Business Committee shall hold the same
positions on the Peoria Liquor Control Board
as such officers and members hold on the
Business Committee. The Chief shall serve as
the Liquor Control Board Chairperson; the
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Vice-Chief shall serve as the Liquor Control
Board Vice-Chairperson; the Business
Committee Secretary shall serve as Secretary
of the Liquor Control Board; and the Business
Committee Treasurer shall serve as Treasurer
of the Liquor Control Board.
d. The Peoria Liquor Control Board shall
meet on call, but not less than once each
calendar quarter, provided ten (10) days
public notice of its meetings is given. The
Chairman of the Peoria Liquor Control Board
shall call meetings of the Liquor Control
Board.
e. A quorum of the Board shall consist of
five (5) members and no fewer members are
required to transact business.
Section 4. Powers and Duties of the Peoria
Liquor Control Board
a. Powers and Duties. In furtherance of this
ordinance, the Liquor Control Board shall
have the following powers and duties:
(1) Publish and enforce rules and
regulations adopted by the Peoria Business
Committee governing the sale, manufacture,
distribution, and possession of alcoholic
beverages on tribal lands.
(2) Employ managers, accountants, security
personnel, inspectors and such other persons
as shall be reasonably necessary to allow the
Liquor Control Board to perform its function.
(3) Issue licenses permitting the sale or
manufacture or distribution of liquor on
tribal lands.
(4) Hold hearings on violations of this
Ordinance or for the issuance of revocation
of licenses hereunder.
(5) Bring suit in the Tribal Court or other
appropriate court to enforce this Ordinance
as necessary.
(6) Determine and seek damages for
violation of this Ordinance.
(7) Make such reports as may be required
by the Peoria Business Committee.
(8) Collect taxes and fees levied or set by
the Peoria Business Committee and keep
accurate records, books and accounts.
(9) Adopt procedures which supplement
these regulations and facilitate their
enforcement. Such procedures shall include
limitations on sales to minors, places where
liquor may be consumed, identity of persons
not permitted to purchase alcoholic
beverages, hours and days when outlets may
be open for business, and other appropriate
matters and controls.
b. Limitation on Powers. In the exercise of
its powers and duties under this Ordinance,
the Liquor Control Board and its individual
members shall not:
(1) Accept any gratuity, compensation or
other thing of value from any liquor
wholesaler, retailer or distributor or from any
licensee.
(2) Waive the immunity of the Peoria Tribe
of Indians of Oklahoma from suit without the
express written consent and resolution of the
Business Committee.
c. Inspection Rights. The premises on
which liquor is sold or distributed shall be
open for inspection by the Liquor Control
Board and/or its staff at all reasonable times
for the purposes of ascertaining whether the
rules and regulations of the Business
Committee and this ordinance are being
complied with.
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Section 5. Sales of Liquor
a. License Required. A person or entity
who is licensed by the Peoria Tribe of
Indians of Oklahoma may make retail sales
of liquor in their facility and the patrons of
the facility may consume said liquor within
the facility. The introduction and possession
of liquor consistent with this Section shall
also be allowed. All other purchases and
sales of liquor on tribal lands shall be
prohibited. Sales of liquor and alcoholic
beverages on tribal lands may only be made
at businesses that hold a Peoria Liquor
License.
b. Sales for Cash. All liquor sales on tribal
lands shall be on a cash only basis and no
credit shall be extended to any person,
organization, or entity, except that this
provision does not prevent the payment for
purchases with use of credit cards such as
Visa, Master Card, American Express, etc.
c. Sale for Personal Consumption. All sales
shall be for the personal use and
consumption of the purchaser. Resale of any
alcoholic beverages on tribal lands is
prohibited. Any person who is not licensed
pursuant to this Ordinance who purchases an
alcoholic beverage on tribal lands and sells
it, 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 Peoria Tribe of Indians of Oklahoma as
set forth herein.
Section 6. Licensing and Application
a. Procedure. In order to control the
proliferation of establishments on tribal lands
that sell or serve liquor by the bottle or by
the drink, all persons or entities that desire
to sell liquor on tribal lands must apply to
the Peoria Liquor Control Board for a license
to sell or serve liquor.
b. Application. Any enrolled member of
the Peoria Tribe twenty-one (21) years of age
and older, or an enrolled member of a
federally recognized tribe twenty-one (21)
years of age and older, or other person
twenty-one years of age and older, may apply
to the Liquor Control Board for a license to
sell or serve liquor. Any person or entity
applying for a license to sell or serve liquor
on tribal lands must fill in the application
provided for this purpose by the Peoria Tribe
of Indians of Oklahoma and pay such
application fee as may be set from time to
time by the Liquor Control Board. Said
application must be filled out completely in
order to be considered. A separate
application and license will be required for
each location where the applicant intends to
serve liquor.
c. Licensing Requirements. The person
applying for such license must make a
showing once a year, and must satisfy the
Liquor Control Board that he/she is a person
of good character, having never been
convicted of violating any of the laws
prohibiting the traffic in any spirituous,
vinous, fermented or malt liquors; that he/
she has never been convicted of violating any
of the gambling laws of this state, or any
other state of the United States, or of this or
any other Tribe; that he/she has not had,
preceding the date of his/her application for
a license, a felony conviction of any of the
laws commonly called ‘‘prohibition laws’;
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and that he/she has not had any permit or
license to sell any intoxicating liquors
revoked in any county of this state, or any
other state, or of any Tribe; and that at the
time of his/her application for a license, he/
she is not the holder of a retail liquor dealer’s
permit or license from the United States
Government to engage in the sale of
intoxicating liquor.
d. Processing of Application. The Liquor
Control Board shall receive and process
applications and related matters. All actions
by the Liquor Control Board shall be by
majority vote. A quorum of the Liquor
Control Board is that number of members set
forth in Section 3, paragraph (e) of this
Ordinance. The Liquor Control Board may,
by resolution, authorize a staff representative
to issue licenses for the sale of liquor and
beer products.
e. Issuance of License. The Liquor Control
Board may issue a license if it believes that
such issuance is in the best interests of the
Peoria Tribe of Indians of Oklahoma. The
purpose of this Ordinance is to permit liquor
sales and consumption at facilities located on
designated tribal lands. Issuance of a license
for any other purposes will not be considered
to be in the best interests of the Peoria Tribe
of Indians of Oklahoma.
f. Period of License. Each license shall be
issued for a period not to exceed one (1) year
from the date of issuance.
g. Renewal of License. A licensee may
renew its license if the licensee has complied
in full with this Ordinance; provided
however, that the Liquor Control Board may
refuse to renew a license if it finds that doing
so would not be in the best interests of health
and safety of the Peoria Tribe of Indians of
Oklahoma.
h. Revocation of License. The Liquor
Control Board may suspend or revoke a
license due to one or more violations of this
Ordinance 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.
i. Hearings. Within fifteen (15) days after
a licensee is mailed written notice of a
proposed suspension or revocation of the
license, of the imposition of fines or of other
adverse action proposed by the Liquor
Control Board under this Ordinance, the
licensee may deliver to the Liquor Control
Board a written request for a hearing on
whether the proposed action should be taken.
A hearing on the issues shall be held before
a person or persons appointed by the Liquor
Control Board and a written decision will be
issued. Such decisions will be considered
final unless an appeal is filed with the Tribal
Court within fifteen (15) calendar days of the
date of mailing the decision to the licensee.
The Tribal Court will then conduct a hearing
and will issue an order, which is final with
no further right of appeal. All proceedings
conducted under all sections of this
Ordinance shall be in accord with due
process of law.
j. Non-transferability of Licenses. Licenses
issued by the Liquor Control Board shall not
be transferable and may only be utilized by
the person or entity in whose name it is
issued.
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Section 7. Taxes
a. As a condition precedent to the conduct
of any operations pursuant to a license issued
by the Liquor Control Board, the licensee
must obtain from the Peoria Tribal Tax
Commission such licenses, permits, tax
stamps, tags, receipts, or other documents or
things evidencing receipt of any license or
payment of any tax or fee administered by
the Peoria Tribal Tax Commission or
otherwise showing compliance with the tax
laws of the Tribe.
b. In addition to any other remedies
provided in this Ordinance, the Liquor
Control Board may suspend or revoke any
licenses issued by it upon the failure of the
licensee to comply with the obligations
imposed upon the licensee by the General
Revenue and Taxation Act of the Peoria Tribe
of Indians of Oklahoma, or any rule,
regulation, or order of the Peoria Tribal Tax
Commission.
Section 8. 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 shall in any manner
sell or offer for sale or distribution or
transport liquor in violation of this
Ordinance shall be subject to civil damages
assessed by the Liquor Control Board.
c. Any person within the boundaries of
tribal lands who buys liquor from any person
other than a properly licensed facility shall
be guilty of a violation of this ordinance.
d. 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
Section, shall be guilty of a violation of this
Ordinance.
e. Any person who knowingly sells liquor
to a person who is obviously intoxicated or
appears to be intoxicated shall be guilty of a
violation of this Ordinance.
f. 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.
g. No person under the age of twenty-one
(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 twenty-one (21) years
to consume liquor on his premises or any
premises under his control. Any person
violating this prohibition shall be guilty of a
separate violation of this Ordinance for each
and every drink so consumed.
h. Any person who shall sell or provide
any liquor to any person under the age of
twenty-one (21) years shall be guilty of a
violation of this Ordinance for each sale or
drink provided.
i. Any person who transfers in any manner
an identification of age to a person under the
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age of twenty-one (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 that falsely purports to
show the individual to be over the age of
twenty-one (21) years shall be guilty of
violating this Ordinance.
k. Any person guilty of violation of this
Ordinance shall be liable to pay the Peoria
Tribe of Indians of Oklahoma the amount of
up to $1,000 per violation as civil damages
to defray the Tribe’s cost of enforcement of
this Ordinance.
l. 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 one of the following:
(1) Driver’s license or identification card
issued by any state department of motor
vehicles;
(2) United States Active Duty Military
identification card; or
(3) Passport.
m. The consumption or possession of
liquor on premises where such consumption
or possession is contrary to the terms of this
Ordinance will result in a declaration that
such liquor is contraband. Any tribal agent,
employee or officer who is authorized by the
Liquor Control Board to enforce this
Ordinance shall seize all contraband and
preserve it in accordance with provisions
established for the preservation of
impounded property. Upon being found in
violation of the ordinance, the party owning
or in control of the premises where
contraband is found shall forfeit all right,
title and interest in the items seized which
shall become the property of the Peoria Tribe
of Indians of Oklahoma.
Section 9. 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 a
nuisance.
b. The Chairman of the Liquor Control
Board or, if the Chairman fails or refuses to
do so, by a majority vote, the Liquor Control
Board shall institute and maintain an action
in the Tribal Court in the name of the Peoria
Tribe of Indians of Oklahoma to abate and
perpetually enjoin any nuisance declared
under this Section. In addition to the other
remedies at tribal law, the Tribal Court may
also order the room, house, building, vehicle,
structure, or place closed for a period of one
(1) year or until the owner, lessee, tenant, or
occupant thereof shall give bond or sufficient
sum from $1,000 to $15,000, depending upon
the severity of past offenses, the risk of
offenses in the future, and any other
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appropriate criteria, payable to the Tribe and
conditioned 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
applicable tribal laws. If any conditions of
the bond are violated, the bond may be
applied to satisfy any amounts due to the
Tribe under this Ordinance.
Section 10. Severability and Effective Date
a. If any provision under this Ordinance is
determined by court 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.
b. 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.
c. Any and all previous liquor control
enactments of the Business Committee which
are inconsistent with this Ordinance are
hereby rescinded.
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
DEPARTMENT OF AGRICULTURE
Forest Service
[CA 668 _05_1610_PG_083A]
Santa Rosa and San Jacinto Mountains
National Monument Advisory
Committee Notice of Call for Public
Nominations for National Monument
Advisory Committee
Bureau of Land Management,
Interior and Forest Service, Agriculture.
ACTION: Call for nominations for the
appointment to one open position on
the Santa Rosa and San Jacinto
Mountains National Monument
Advisory Committee (MAC).
AGENCIES:
SUMMARY: The Santa Rosa and San
Jacinto Mountains National Monument
Act of 2000 (Act) required the
establishment of a citizens advisory
committee to advise the Secretary of the
Section 11. Amendment and Construction
U.S. Department of the Interior and the
a. This Ordinance may only be amended by
Secretary of the U.S. Department of
vote of the Peoria Business Committee.
Agriculture on resource management
b. Nothing in this ordinance shall be
issues associated with the Santa Rosa
construed to diminish or impair in any way
and San Jacinto Mountains National
the rights or sovereign powers of the Peoria
Monument. Today the National
Tribe or its Tribal Government other than the
Monument Advisory Committee
due process provision at Section 6(i), which
provides advice to the Secretaries on
provides that licensees whose licenses have
issues regarding the implementation of
been revoked or suspended may seek review
the National Monument Management
of that decision in Tribal Court.
Plan.
c. Certification
This notice is an open request for the
The foregoing Liquor Control Ordinance of
public to submit nomination
the Peoria Tribe of Indians of Oklahoma was
applications for one (1) National
duly amended, enacted and approved by the
Monument Advisory Committee (MAC)
Business Committee of the Peoria Tribe of
position which will expire in
Indians of Oklahoma this 2nd day of
November, 2007.
November, 2004, by a vote of:
The National Monument Advisory
7 For; lll Against; lll Abstain
Committee is managed under the
lllllllllllllllllllll provisions of the Federal Advisory
John P. Froman,
Committee Act. The call for open
Chief, Peoria Tribe of Indians of Oklahoma.
nomination is for the appointment of a
representative for:
Attest:
• Pinyon Community Council.
lllllllllllllllllllll
Nominations applications are
Hank Downum,
available on-line at https://
Secretary, Peoria Tribe of Oklahoma.
www.ca.blm.gov/palmsprings/
santarosa/santa _rosa
[FR Doc. 05–7680 Filed 4–15–05; 8:45 am]
_national_monument.html; or may be
BILLING CODE 4310–4J–P
requested by telephone or fax at (phone)
760–251–4800, (fax) 760–251–4899; via
mail by writing to Santa Rosa and San
Jacinto Mountains National Monument
Advisory Committee Nominations, Attn:
National Monument Manager—
Application Request, c/o Bureau of
Land Management, Palm Springs—
South Coast Field Office, P.O. Box
581260, North Palm Springs, California
92258; (e-mail) ca_srsj_nm@ca.blm.gov;
or visiting either the Palm Springs—
PO 00000
Frm 00068
Fmt 4703
Sfmt 4703
E:\FR\FM\18APN1.SGM
18APN1
]]>Agencies
[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20165-20168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7680]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Peoria Tribe of Indians of Oklahoma--Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the Peoria Tribe of Indians of
Oklahoma's (Tribe) Liquor Control Ordinance. The Ordinance regulates
and controls the possession, sale and consumption of liquor on the
Tribe's land. This Ordinance allows for the possession and sale of
alcoholic beverages on tribal land and will increase the ability of the
tribal government to control liquor distribution and possession. At the
same time, the Ordinance will provide an important source of revenue
for the continued operation and strengthening of the tribal government
and the delivery of tribal services.
DATES: Effective Date: This Act is effective on April 18, 2005.
FOR FURTHER INFORMATION CONTACT: Karen Ketcher, Eastern Oklahoma
Regional Office, Deputy Regional Director--Indian Services, P.O. Box
8002, Muskogee, Oklahoma 74402-8002; Telephone (918) 781-4600; or Ralph
Gonzales, Office of Tribal Services, 1951 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 Peoria Business Committee of the
Peoria Tribe of Indians of Oklahoma adopted its Ordinance by Resolution
No. R-04-06-04-J on April 6, 2004, and amended it by Resolution No. R-
11-02-04-B on November 2, 2004. The purpose of this Ordinance is to
govern the sale, possession and distribution of alcohol within Tribal
land of the Peoria Tribe of Indians of Oklahoma.
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 Control Ordinance, of the Peoria Tribe
of Indians of Oklahoma, was duly adopted by the Peoria Business
Committee on April 6, 2004, and amended on November 2, 2004.
Dated: April 8, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
The Peoria Tribe of Indians of Oklahoma Liquor Ordinance reads as
follows:
Section 1. Declaration of Public Policy and Purpose
a. The Peoria Business Committee, in accordance with Article
VIII, Section 2(j) of the Constitution of the Peoria Tribe of
Indians of Oklahoma, is authorized to enact resolutions, ordinances,
and act on behalf of the Peoria Tribe.
b. The Peoria Business Committee finds that tribal control and
regulation of liquor is necessary to protect the health and welfare
of tribal members, to address specific concerns relating to alcohol
use on tribal lands, and to achieve maximum economic benefit to the
Tribe.
c. The introduction, possession and sale of liquor on tribal
lands is a matter of special concern to the Peoria Business
Committee.
d. The Peoria Business Committee finds that a complete ban on
liquor on tribal lands
[[Page 20166]]
is ineffective and unrealistic. However, it recognizes the need for
strict regulation and control over liquor transactions on tribal
lands because of the many potential problems associated with the
unregulated or inadequately regulated sale, possession, distribution
and consumption of liquor.
e. Federal law forbids the introduction, possession, and sale of
liquor in Indian country except when the same is in conformity both
with the laws of the State and the Tribe, 18 U.S.C. 1161. As such,
compliance with this ordinance shall be in addition to, and not
substitute for, compliance with the laws of the State of Oklahoma.
f. It is in the best interests of the Tribe to enact tribal
ordinance governing liquor sales on tribal lands and which provides
for exclusive purchase, distribution, and sale of liquor only on
tribal lands within the exterior boundaries of tribal lands.
Further, the Tribe has determined that said purchase, distribution
and sale shall take place on designated land only.
Section 2. Definitions
As used in this ordinance, the following words shall have the
following meanings unless the context clearly require otherwise:
a. Alcohol. 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 process
produced.
b. Alcoholic beverage. This term is synonymous with the term
liquor as defined in paragraph (f) of this Section.
c. Bar. 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. 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.
e. Business Committee. The governing body of the Peoria Tribe of
Indians of Oklahoma, as defined in the Tribal Constitution.
f. Liquor. All fermented, spirituous, vinous, or malt liquor or
combinations thereof, and 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 contain more
than one half of one percent of alcohol.
g. Liquor Control Board. The Peoria Liquor Control Board as
established by Section 3 of this Ordinance.
h. Liquor store. Any store at which liquor is sold and, for the
purpose of this Ordinance, includes stores where only a portion of
which are devoted to sale of liquor or beer.
i. Malt liquor. Beer, strong beer, ale, stout or porter.
j. Package. Any container or receptacle used for holding liquor.
k. Public place. Federal, state, county, or tribal highways and
roads; buildings and grounds used for school purposes; public dance
halls and grounds adjacent thereto; soft drink establishments,
public buildings, public meeting halls, lobbies, halls and dining
room of hotels, restaurants, theaters, gaming facilities,
entertainment centers, stores, garages, and filling stations which
are open to and/or generally used by the public and to which the
public is permitted to have generally unrestricted access; public
conveyances of all kinds and character; 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.
l. Sale and sell. The exchange, barter and traffic, including
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.
m. Spirits. Any beverage which contains alcohol obtained by
distillation, including wines exceeding seventeen percent of alcohol
by weight.
n. Tribal Court. Refers to the Peoria Tribal Court or, in
accordance with Article XVI of the Constitution of the Peoria Tribe
of Indians of Oklahoma, the Court of Indian Offenses, more
specifically designated for purposes of this Ordinance as 25 CFR
Court located at the Miami Agency of the Bureau of Indian Affairs in
Miami, Oklahoma.
o. Tribal lands. Any or all land over which the Tribe exercises
governmental power and that is either held in trust by the United
States for the benefit of the Tribe or individual members of the
Tribe, or held by the Tribe or individual members of the Tribe
subject to restrictions by the United States against alienation.
p. Wine. Any alcoholic 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 not more than
seventeen percent of alcohol by weight, including sweet wines
fortified with wine spirits, such as port, sherry, muscatel and
angelia, not exceeding seventeen percent of alcohol by weight.
Section 3. Peoria Liquor Control Board
a. There is hereby established a Peoria Liquor Control Board,
composed of a Chairperson, Vice-Chairperson, Secretary, Treasurer
and three (3) additional members.
b. The Peoria Liquor Control Board shall consist of the officers
and members of the Peoria Business Committee.
c. Officers and members of the Peoria Business Committee shall
hold the same positions on the Peoria Liquor Control Board as such
officers and members hold on the Business Committee. The Chief shall
serve as the Liquor Control Board Chairperson; the Vice-Chief shall
serve as the Liquor Control Board Vice-Chairperson; the Business
Committee Secretary shall serve as Secretary of the Liquor Control
Board; and the Business Committee Treasurer shall serve as Treasurer
of the Liquor Control Board.
d. The Peoria Liquor Control Board shall meet on call, but not
less than once each calendar quarter, provided ten (10) days public
notice of its meetings is given. The Chairman of the Peoria Liquor
Control Board shall call meetings of the Liquor Control Board.
e. A quorum of the Board shall consist of five (5) members and
no fewer members are required to transact business.
Section 4. Powers and Duties of the Peoria Liquor Control Board
a. Powers and Duties. In furtherance of this ordinance, the
Liquor Control Board shall have the following powers and duties:
(1) Publish and enforce rules and regulations adopted by the
Peoria Business Committee governing the sale, manufacture,
distribution, and possession of alcoholic beverages on tribal lands.
(2) Employ managers, accountants, security personnel, inspectors
and such other persons as shall be reasonably necessary to allow the
Liquor Control Board to perform its function.
(3) Issue licenses permitting the sale or manufacture or
distribution of liquor on tribal lands.
(4) Hold hearings on violations of this Ordinance or for the
issuance of revocation of licenses hereunder.
(5) Bring suit in the Tribal Court or other appropriate court to
enforce this Ordinance as necessary.
(6) Determine and seek damages for violation of this Ordinance.
(7) Make such reports as may be required by the Peoria Business
Committee.
(8) Collect taxes and fees levied or set by the Peoria Business
Committee and keep accurate records, books and accounts.
(9) Adopt procedures which supplement these regulations and
facilitate their enforcement. Such procedures shall include
limitations on sales to minors, places where liquor may be consumed,
identity of persons not permitted to purchase alcoholic beverages,
hours and days when outlets may be open for business, and other
appropriate matters and controls.
b. Limitation on Powers. In the exercise of its powers and
duties under this Ordinance, the Liquor Control Board and its
individual members shall not:
(1) Accept any gratuity, compensation or other thing of value
from any liquor wholesaler, retailer or distributor or from any
licensee.
(2) Waive the immunity of the Peoria Tribe of Indians of
Oklahoma from suit without the express written consent and
resolution of the Business Committee.
c. Inspection Rights. The premises on which liquor is sold or
distributed shall be open for inspection by the Liquor Control Board
and/or its staff at all reasonable times for the purposes of
ascertaining whether the rules and regulations of the Business
Committee and this ordinance are being complied with.
[[Page 20167]]
Section 5. Sales of Liquor
a. License Required. A person or entity who is licensed by the
Peoria Tribe of Indians of Oklahoma may make retail sales of liquor
in their facility and the patrons of the facility may consume said
liquor within the facility. The introduction and possession of
liquor consistent with this Section shall also be allowed. All other
purchases and sales of liquor on tribal lands shall be prohibited.
Sales of liquor and alcoholic beverages on tribal lands may only be
made at businesses that hold a Peoria Liquor License.
b. Sales for Cash. All liquor sales on tribal lands shall be on
a cash only basis and no credit shall be extended to any person,
organization, or entity, except that this provision does not prevent
the payment for purchases with use of credit cards such as Visa,
Master Card, American Express, etc.
c. Sale for Personal Consumption. All sales shall be for the
personal use and consumption of the purchaser. Resale of any
alcoholic beverages on tribal lands is prohibited. Any person who is
not licensed pursuant to this Ordinance who purchases an alcoholic
beverage on tribal lands and sells it, 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 Peoria Tribe of
Indians of Oklahoma as set forth herein.
Section 6. Licensing and Application
a. Procedure. In order to control the proliferation of
establishments on tribal lands that sell or serve liquor by the
bottle or by the drink, all persons or entities that desire to sell
liquor on tribal lands must apply to the Peoria Liquor Control Board
for a license to sell or serve liquor.
b. Application. Any enrolled member of the Peoria Tribe twenty-
one (21) years of age and older, or an enrolled member of a
federally recognized tribe twenty-one (21) years of age and older,
or other person twenty-one years of age and older, may apply to the
Liquor Control Board for a license to sell or serve liquor. Any
person or entity applying for a license to sell or serve liquor on
tribal lands must fill in the application provided for this purpose
by the Peoria Tribe of Indians of Oklahoma and pay such application
fee as may be set from time to time by the Liquor Control Board.
Said application must be filled out completely in order to be
considered. A separate application and license will be required for
each location where the applicant intends to serve liquor.
c. Licensing Requirements. The person applying for such license
must make a showing once a year, and must satisfy the Liquor Control
Board that he/she is a person of good character, having never been
convicted of violating any of the laws prohibiting the traffic in
any spirituous, vinous, fermented or malt liquors; that he/she has
never been convicted of violating any of the gambling laws of this
state, or any other state of the United States, or of this or any
other Tribe; that he/she has not had, preceding the date of his/her
application for a license, a felony conviction of any of the laws
commonly called ``prohibition laws'; and that he/she has not had any
permit or license to sell any intoxicating liquors revoked in any
county of this state, or any other state, or of any Tribe; and that
at the time of his/her application for a license, he/she is not the
holder of a retail liquor dealer's permit or license from the United
States Government to engage in the sale of intoxicating liquor.
d. Processing of Application. The Liquor Control Board shall
receive and process applications and related matters. All actions by
the Liquor Control Board shall be by majority vote. A quorum of the
Liquor Control Board is that number of members set forth in Section
3, paragraph (e) of this Ordinance. The Liquor Control Board may, by
resolution, authorize a staff representative to issue licenses for
the sale of liquor and beer products.
e. Issuance of License. The Liquor Control Board may issue a
license if it believes that such issuance is in the best interests
of the Peoria Tribe of Indians of Oklahoma. The purpose of this
Ordinance is to permit liquor sales and consumption at facilities
located on designated tribal lands. Issuance of a license for any
other purposes will not be considered to be in the best interests of
the Peoria Tribe of Indians of Oklahoma.
f. Period of License. Each license shall be issued for a period
not to exceed one (1) year from the date of issuance.
g. Renewal of License. A licensee may renew its license if the
licensee has complied in full with this Ordinance; provided however,
that the Liquor Control Board may refuse to renew a license if it
finds that doing so would not be in the best interests of health and
safety of the Peoria Tribe of Indians of Oklahoma.
h. Revocation of License. The Liquor Control Board may suspend
or revoke a license due to one or more violations of this Ordinance
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.
i. Hearings. Within fifteen (15) days after a licensee is mailed
written notice of a proposed suspension or revocation of the
license, of the imposition of fines or of other adverse action
proposed by the Liquor Control Board under this Ordinance, the
licensee may deliver to the Liquor Control Board a written request
for a hearing on whether the proposed action should be taken. A
hearing on the issues shall be held before a person or persons
appointed by the Liquor Control Board and a written decision will be
issued. Such decisions will be considered final unless an appeal is
filed with the Tribal Court within fifteen (15) calendar days of the
date of mailing the decision to the licensee. The Tribal Court will
then conduct a hearing and will issue an order, which is final with
no further right of appeal. All proceedings conducted under all
sections of this Ordinance shall be in accord with due process of
law.
j. Non-transferability of Licenses. Licenses issued by the
Liquor Control Board shall not be transferable and may only be
utilized by the person or entity in whose name it is issued.
Section 7. Taxes
a. As a condition precedent to the conduct of any operations
pursuant to a license issued by the Liquor Control Board, the
licensee must obtain from the Peoria Tribal Tax Commission such
licenses, permits, tax stamps, tags, receipts, or other documents or
things evidencing receipt of any license or payment of any tax or
fee administered by the Peoria Tribal Tax Commission or otherwise
showing compliance with the tax laws of the Tribe.
b. In addition to any other remedies provided in this Ordinance,
the Liquor Control Board may suspend or revoke any licenses issued
by it upon the failure of the licensee to comply with the
obligations imposed upon the licensee by the General Revenue and
Taxation Act of the Peoria Tribe of Indians of Oklahoma, or any
rule, regulation, or order of the Peoria Tribal Tax Commission.
Section 8. 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 shall in any manner sell or offer for sale or
distribution or transport liquor in violation of this Ordinance
shall be subject to civil damages assessed by the Liquor Control
Board.
c. Any person within the boundaries of tribal lands who buys
liquor from any person other than a properly licensed facility shall
be guilty of a violation of this ordinance.
d. 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 Section, shall be guilty of a violation of this
Ordinance.
e. Any person who knowingly sells liquor to a person who is
obviously intoxicated or appears to be intoxicated shall be guilty
of a violation of this Ordinance.
f. 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.
g. No person under the age of twenty-one (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
twenty-one (21) years to consume liquor on his premises or any
premises under his control. Any person violating this prohibition
shall be guilty of a separate violation of this Ordinance for each
and every drink so consumed.
h. Any person who shall sell or provide any liquor to any person
under the age of twenty-one (21) years shall be guilty of a
violation of this Ordinance for each sale or drink provided.
i. Any person who transfers in any manner an identification of
age to a person under the
[[Page 20168]]
age of twenty-one (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 that falsely
purports to show the individual to be over the age of twenty-one
(21) years shall be guilty of violating this Ordinance.
k. Any person guilty of violation of this Ordinance shall be
liable to pay the Peoria Tribe of Indians of Oklahoma the amount of
up to $1,000 per violation as civil damages to defray the Tribe's
cost of enforcement of this Ordinance.
l. 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 one of the
following:
(1) Driver's license or identification card issued by any state
department of motor vehicles;
(2) United States Active Duty Military identification card; or
(3) Passport.
m. The consumption or possession of liquor on premises where
such consumption or possession is contrary to the terms of this
Ordinance will result in a declaration that such liquor is
contraband. Any tribal agent, employee or officer who is authorized
by the Liquor Control Board to enforce this Ordinance shall seize
all contraband and preserve it in accordance with provisions
established for the preservation of impounded property. Upon being
found in violation of the ordinance, the party owning or in control
of the premises where contraband is found shall forfeit all right,
title and interest in the items seized which shall become the
property of the Peoria Tribe of Indians of Oklahoma.
Section 9. 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 a nuisance.
b. The Chairman of the Liquor Control Board or, if the Chairman
fails or refuses to do so, by a majority vote, the Liquor Control
Board shall institute and maintain an action in the Tribal Court in
the name of the Peoria Tribe of Indians of Oklahoma to abate and
perpetually enjoin any nuisance declared under this Section. In
addition to the other remedies at tribal law, the Tribal Court may
also order the room, house, building, vehicle, structure, or place
closed for a period of one (1) year or until the owner, lessee,
tenant, or occupant thereof shall give bond or sufficient sum from
$1,000 to $15,000, depending upon the severity of past offenses, the
risk of offenses in the future, and any other appropriate criteria,
payable to the Tribe and conditioned 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 applicable tribal laws.
If any conditions of the bond are violated, the bond may be applied
to satisfy any amounts due to the Tribe under this Ordinance.
Section 10. Severability and Effective Date
a. If any provision under this Ordinance is determined by court
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.
b. 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.
c. Any and all previous liquor control enactments of the
Business Committee which are inconsistent with this Ordinance are
hereby rescinded.
Section 11. Amendment and Construction
a. This Ordinance may only be amended by vote of the Peoria
Business Committee.
b. Nothing in this ordinance shall be construed to diminish or
impair in any way the rights or sovereign powers of the Peoria Tribe
or its Tribal Government other than the due process provision at
Section 6(i), which provides that licensees whose licenses have been
revoked or suspended may seek review of that decision in Tribal
Court.
c. Certification
The foregoing Liquor Control Ordinance of the Peoria Tribe of
Indians of Oklahoma was duly amended, enacted and approved by the
Business Committee of the Peoria Tribe of Indians of Oklahoma this
2nd day of November, 2004, by a vote of:
7 For; ------ Against; ------ Abstain
-----------------------------------------------------------------------
John P. Froman,
Chief, Peoria Tribe of Indians of Oklahoma.
Attest:
-----------------------------------------------------------------------
Hank Downum,
Secretary, Peoria Tribe of Oklahoma.
[FR Doc. 05-7680 Filed 4-15-05; 8:45 am]
BILLING CODE 4310-4J-P
