Liquor Control Ordinance of the Eastern Shawnee Tribe of Oklahoma, 32554-32558 [E6-8692]

Download as PDF 32554 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices feedback, communicating economic findings, adolescent health, and dissemination activities and projects in which the Community Guide is utilized. Agenda items are subject to change as priorities dictate. Persons interested in reserving a space for this meeting should call Detrice Sherman, MPH at (404) 498–0979 by close of business on June 9, 2006. Contact Person for Additional Information: Randy Elder, PhD, Community Guide Branch, Coordinating Center for Health Information and Service, National Center for Health Marketing, Division of Health Communication and Marketing Strategy, 4770 Buford Highway, M/S E–69, Atlanta, GA 30333; (404) 498–0953. Dated: May 26, 2006. James D. Seligman, Chief Information Officer, Centers for Disease Control and Prevention. [FR Doc. E6–8703 Filed 6–5–06; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Agency Recordkeeping/Reporting Requirements Under Emergency Review by the Office of Management and Budget (OMB) Title: Interim Final Rule for the Reauthorization of the Temporary Assistance for Needy Families Program. OMB No.: New Collection. Description: The Interim Final Rule for the Reauthorization of the Temporary Assistance for Needy Families Program imposes some new requirements and replaces others. They are: • A new requirement that States establish documentation, verification and internal control procedures to ensure valid work-participation rates, based on regulatory specifications. States will be required to submit the procedures to the Department of Health and Human Services no later than September 30, 2006. The Administration for Children and Families (ACF) will review the procedures and approve them if they meet the requirements. If the procedure fail to address or meet the requirements, States will be given 60 days to revise and correct them. If a State fails to establish, submit or correct the procedures within specified timeframes, the State will be liable for a full five percent penalty for the year. • A modification/reduction and replacement of the predecessor caseload reduction credit information collection based on the recalibration of the caseload reduction credit. • A modification and replacement of the predecessor reasonable cause/ corrective compliance information collection based on the requirements of the participation rate verification procedures. • A modification and replacement of the predecessor TANF Data Report and the SSP–MOE Data Report based on how we define work-eligible individuals, especially with regard to child-only cases. Respondents: The 50 States of the United States, the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. ANNUAL BURDEN ESTIMATES Estimated Total Annual Burden Hours ............................................. sroberts on PROD1PC70 with NOTICES Preparation and Submission of Data Verification Procedures— § 261.60–§ 261.63 ................................................................................ Caseload Reduction Documentation Process, ACT–202—§ 261.41 & § 261.44 ................................................................................................ Reasonable Cause/Corrective Compliance Documentation Process— § 262.4, 262.6, & 262.7; § 261.51 ........................................................ TANF Data Report—Part 265 ................................................................. SSP–MOE Data Report—Part 265 ......................................................... Additional Information: ACF is requesting that OMB grant a 180-day approval for this information collection under procedures for emergency processing by June 28, 2006. A copy of this information collection, with applicable supporting documentation, may be obtained by calling the Administration for Children and Families, Reports Clearance Officer, Robert Sargis at (202) 690–7275. E-mail address: rsargis@acf.hhs.gov. Comments and questions about the information collection described above should be directed to the following address by June 28, 2006: Office of Information and Regulatory Affairs, Office of Management and Budget, Paperwork Reduction Project, Desk VerDate Aug<31>2005 18:13 Jun 05, 2006 Jkt 208001 Number of responses per respondent Number of respondents Instrument 1 640 34,560 54 1 120 6,480 54 54 29 2 4 4 240 2,193 714 25,920 473,688 82,824 .......................... .......................... .......................... 623,472 Dated: May 30, 2006. Robert Sargis, Reports Clearance Officer. [FR Doc. 06–5116 Filed 6–5–06; 8:45 am] BILLING CODE 4184–01–M DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Liquor Control Ordinance of the Eastern Shawnee Tribe of Oklahoma Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: Frm 00051 Fmt 4703 Total burden hours 54 Officer for ACF, E-mail address: Katherine_T._Astrich@omb.eop.gov. PO 00000 Average burden hours per response Sfmt 4703 SUMMARY: This notice publishes the Liquor Control Ordinance of the Eastern Shawnee Tribe of Oklahoma (Tribe). The Ordinance regulates and controls the possession, sale and consumption of liquor within the tribal lands of the Tribe. The tribal lands are located on trust land and this Ordinance allows for possession and sale of alcoholic beverages within their exterior boundaries. This Ordinance will increase the ability of the Tribal government to control the community’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. E:\FR\FM\06JNN1.SGM 06JNN1 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices Effective Date: This Ordinance is effective on June 6, 2006. FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government Services Officer, Eastern Oklahoma Regional Office, 3100 W. Peak Blvd., Muskogee, OK 74402, Telephone: (918) 781–4685, Fax (918) 781–4649; or Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW., Mail Stop Room 4513– MIB, 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 Business Committee of the Eastern Shawnee Tribe of Oklahoma (Business Committee) adopted its Liquor Ordinance by Resolution No. 011806– R–03 on January 18, 2006. This Liquor Ordinance will be the first published in the Federal Register for the Tribe. The purpose of this Ordinance is to govern the sale, possession and distribution of alcohol within tribal lands of the Tribe. This notice is published in accordance with the authority delegated by the Secretary of the Interior to the Principal Deputy Assistant Secretary—Indian Affairs. I certify that this Liquor Ordinance of the Eastern Shawnee Tribe of Oklahoma was duly adopted by the Business Committee on January 18, 2006. DATES: Dated: May 30, 2006. Michael D. Olsen, Acting Principal Deputy Assistant Secretary— Indian Affairs. The Eastern Shawnee Tribe of Oklahoma Liquor Ordinance reads as follows: Eastern Shawnee Tribe of Oklahoma Liquor Control Ordinance sroberts on PROD1PC70 with NOTICES Section 1. Declaration of Public Policy and Purpose a. The Eastern Shawnee Business Committee, in accordance with Article IX, section 1 of the Constitution of the Eastern Shawnee Tribe of Oklahoma, is authorized to enact resolutions, ordinances, and act on behalf of the Eastern Shawnee Tribe. b. The Eastern Shawnee 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, VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 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 Eastern Shawnee Business Committee. d. The Eastern Shawnee Business Committee finds that a complete ban on liquor on tribal lands 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. This ordinance governs the sale, purchase, and distribution of alcohol on Tribal lands within the exterior boundaries of the Tribe’s former reservation. 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 Eastern Shawnee Tribe 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 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 32555 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 Eastern Shawnee 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 Eastern Shawnee Tribal Court or, in accordance with Article X of the Constitution of the Eastern Shawnee Tribe 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 E:\FR\FM\06JNN1.SGM 06JNN1 32556 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices 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. sroberts on PROD1PC70 with NOTICES Section 3. Eastern Shawnee Liquor Control Board a. There is hereby established an Eastern Shawnee Liquor Control Board, composed of a Chairperson, ViceChairperson, Secretary, Treasurer and three (3) additional members. b. The Eastern Shawnee Liquor Control Board shall consist of the officers and members of the Eastern Shawnee Business Committee. c. Officers and members of the Eastern Shawnee Business Committee shall hold the same positions on the Eastern Shawnee 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 ViceChairperson; 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 Eastern Shawnee 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 Eastern Shawnee 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 Eastern Shawnee 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 Eastern Shawnee Business Committee governing the sale, manufacture, distribution, and possession of alcoholic beverages on tribal lands. (2) Employ managers, accountants, security personnel, inspectors and such VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 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 Eastern Shawnee Business Committee. (8) Collect taxes and fees levied or set by the Eastern Shawnee 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 Eastern Shawnee Tribe 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. Section 5. Sales of Liquor a. License Required. A person or entity who is licensed by the Eastern Shawnee Tribe 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 an Eastern Shawnee Liquor License. PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 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 Eastern Shawnee Tribe 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 Eastern Shawnee Liquor Control Board for a license to sell or serve liquor. b. Application. Any enrolled member of the Eastern Shawnee Tribe twentyone (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 twentyone 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 Eastern Shawnee Tribe 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/ E:\FR\FM\06JNN1.SGM 06JNN1 sroberts on PROD1PC70 with NOTICES Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices 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 Eastern Shawnee Tribe 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 Eastern Shawnee Tribe 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 Eastern Shawnee Tribe 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 VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 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 Eastern Shawnee 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 Eastern Shawnee 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 Eastern Shawnee Tribe of Oklahoma, or any rule, regulation, or order of the Eastern Shawnee 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. PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 32557 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 twentyone (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 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 twentyone (21) years shall be guilty of violating this Ordinance. k. Any person who is convicted or pleads guilty to a violation of this ordinance shall be liable to pay the Eastern Shawnee Tribe 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 E:\FR\FM\06JNN1.SGM 06JNN1 32558 Federal Register / Vol. 71, No. 108 / Tuesday, June 6, 2006 / Notices 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 Eastern Shawnee Tribe of Oklahoma. sroberts on PROD1PC70 with NOTICES 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, the Liquor Control Board, by a majority vote, shall institute and maintain an action in the Tribal Court in the name of the Eastern Shawnee Tribe 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 VerDate Aug<31>2005 17:06 Jun 05, 2006 Jkt 208001 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 Eastern Shawnee Business Committee. b. Nothing in this ordinance shall be construed to diminish or impair in any way the rights or sovereign powers of the Eastern Shawnee 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. Certification The foregoing Liquor Control Ordinance of the Eastern Shawnee Tribe of Oklahoma was duly amended, enacted and approved by the Business Committee of the Eastern Shawnee Tribe of Oklahoma this 18th day of January 2006, by a vote of: 4 FOR; 0 AGAINST; 0 ABSTAINING; 1 ABSENT. Charles Enyart, Chief, Eastern Shawnee Tribe of Oklahoma. Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by June 21, 2006. John W. Roberts, Acting Chief, National Register/National Historic Landmarks Program. ALASKA Kenai Peninsula Borough-Census Area Hoben Park, 401 Railway Ave., Seward, 06000515 CALIFORNIA Plumas County Warner Valley Major Developed Area Historic District, (Lassen Volcanic National Park MPS) Head of Warner Valley, Chester, 06000526 Shasta County Lassen Volcanic National Park Highway Historic District, (Lassen Volcanic National Park MPS) NPS Route 1, CA 89, Mineral, 06000527 Manzanita Lake Campground Comfort Station at Camp Store, (Lassen Volcanic National Park MPS) 39489 CA 44, Shingletown, 06000528 Manzanita Lake Campground Comfort Station, Loop C, (Lassen Volcanic National Park MPS) 39489 CA 44, Shingletown, 06000529 Manzanita Lake Naturalist’s Services Historic District, (Lassen Volcanic National Park MPS) 39489 CA 44, Shingletown, 06000525 DISTRICT OF COLUMBIA Attest: Glenna J. Wallace, Eastern Shawnee Tribe of Oklahoma. [FR Doc. E6–8692 Filed 6–5–06; 8:45 am] District of Columbia Washington and Georgetown Railroad Car House, (Streetcar and Bus Resources of Washington, DC MPS) 770 M St. SE, Washington, 06000516 BILLING CODE 4310–4J–P INDIANA DEPARTMENT OF THE INTERIOR National Park Service National Register of Historic Places; Notification of Pending Nominations and Related Actions Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before May 13, 2006. Pursuant to § 60.13 of 36 CFR part 60 written comments concerning the significance of these properties under the National Register criteria for evaluation may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., 2280, PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 Blackford County Hartford City Courthouse Square Historic District, Roughly bounded by Franklin, Walnut, Water and Monroe Sts., Hartford City, 06000522 Dubois County Huntingburg Commercial Historic District, Roughly bounded by Geiger, 4th, Jackson and Market Sts., Huntingburg, 06000517 Fayette County Fayette County Courthouse, 401 Central Ave., Connersville, 06000518 Morgan County Morgantown Historic District, Approx. 4.5 blks centered on Washington St., bet. Marion St. and E of Church St., Morgantown, 06000519 Putnam County Brown, Samuel, House, 1558 E. Cty Rd. 1100 N, Roachdale, 06000520 E:\FR\FM\06JNN1.SGM 06JNN1

Agencies

[Federal Register Volume 71, Number 108 (Tuesday, June 6, 2006)]
[Notices]
[Pages 32554-32558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-8692]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Liquor Control Ordinance of the Eastern Shawnee Tribe of Oklahoma

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of the 
Eastern Shawnee Tribe of Oklahoma (Tribe). The Ordinance regulates and 
controls the possession, sale and consumption of liquor within the 
tribal lands of the Tribe. The tribal lands are located on trust land 
and this Ordinance allows for possession and sale of alcoholic 
beverages within their exterior boundaries. This Ordinance will 
increase the ability of the Tribal government to control the 
community'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.

[[Page 32555]]


DATES: Effective Date: This Ordinance is effective on June 6, 2006.

FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government 
Services Officer, Eastern Oklahoma Regional Office, 3100 W. Peak Blvd., 
Muskogee, OK 74402, Telephone: (918) 781-4685, Fax (918) 781-4649; or 
Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW., Mail 
Stop Room 4513-MIB, 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 Business Committee of the Eastern 
Shawnee Tribe of Oklahoma (Business Committee) adopted its Liquor 
Ordinance by Resolution No. 011806-R-03 on January 18, 2006. This 
Liquor Ordinance will be the first published in the Federal Register 
for the Tribe. The purpose of this Ordinance is to govern the sale, 
possession and distribution of alcohol within tribal lands of the 
Tribe. This notice is published in accordance with the authority 
delegated by the Secretary of the Interior to the Principal Deputy 
Assistant Secretary--Indian Affairs. I certify that this Liquor 
Ordinance of the Eastern Shawnee Tribe of Oklahoma was duly adopted by 
the Business Committee on January 18, 2006.

    Dated: May 30, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

    The Eastern Shawnee Tribe of Oklahoma Liquor Ordinance reads as 
follows:

Eastern Shawnee Tribe of Oklahoma Liquor Control Ordinance

Section 1. Declaration of Public Policy and Purpose

    a. The Eastern Shawnee Business Committee, in accordance with 
Article IX, section 1 of the Constitution of the Eastern Shawnee Tribe 
of Oklahoma, is authorized to enact resolutions, ordinances, and act on 
behalf of the Eastern Shawnee Tribe.
    b. The Eastern Shawnee 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 Eastern Shawnee Business 
Committee.
    d. The Eastern Shawnee Business Committee finds that a complete ban 
on liquor on tribal lands 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. This ordinance governs the sale, purchase, and distribution of 
alcohol on Tribal lands within the exterior boundaries of the Tribe's 
former reservation.

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 Eastern Shawnee 
Tribe 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 Eastern Shawnee 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 Eastern Shawnee Tribal Court or, in 
accordance with Article X of the Constitution of the Eastern Shawnee 
Tribe 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

[[Page 32556]]

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. Eastern Shawnee Liquor Control Board

    a. There is hereby established an Eastern Shawnee Liquor Control 
Board, composed of a Chairperson, Vice-Chairperson, Secretary, 
Treasurer and three (3) additional members.
    b. The Eastern Shawnee Liquor Control Board shall consist of the 
officers and members of the Eastern Shawnee Business Committee.
    c. Officers and members of the Eastern Shawnee Business Committee 
shall hold the same positions on the Eastern Shawnee 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 Eastern Shawnee 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 Eastern Shawnee 
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 Eastern Shawnee 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 
Eastern Shawnee 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 Eastern Shawnee 
Business Committee.
    (8) Collect taxes and fees levied or set by the Eastern Shawnee 
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 Eastern Shawnee Tribe 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.

Section 5. Sales of Liquor

    a. License Required. A person or entity who is licensed by the 
Eastern Shawnee Tribe 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 an Eastern Shawnee 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 Eastern Shawnee Tribe 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 Eastern Shawnee Liquor Control Board for 
a license to sell or serve liquor.
    b. Application. Any enrolled member of the Eastern Shawnee 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 Eastern 
Shawnee Tribe 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/

[[Page 32557]]

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 Eastern Shawnee Tribe 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 Eastern 
Shawnee Tribe 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 Eastern Shawnee Tribe 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 Eastern Shawnee 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 Eastern Shawnee 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 Eastern Shawnee Tribe of Oklahoma, or any rule, regulation, or 
order of the Eastern Shawnee 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 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 who is convicted or pleads guilty to a violation of 
this ordinance shall be liable to pay the Eastern Shawnee Tribe 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

[[Page 32558]]

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 
Eastern Shawnee Tribe 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, the Liquor Control Board, by a majority 
vote, shall institute and maintain an action in the Tribal Court in the 
name of the Eastern Shawnee Tribe 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 Eastern 
Shawnee Business Committee.
    b. Nothing in this ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Eastern Shawnee 
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.

Certification

    The foregoing Liquor Control Ordinance of the Eastern Shawnee Tribe 
of Oklahoma was duly amended, enacted and approved by the Business 
Committee of the Eastern Shawnee Tribe of Oklahoma this 18th day of 
January 2006, by a vote of: 4 FOR; 0 AGAINST; 0 ABSTAINING; 1 ABSENT.

Charles Enyart,
Chief, Eastern Shawnee Tribe of Oklahoma.

    Attest:
Glenna J. Wallace,
Eastern Shawnee Tribe of Oklahoma.
 [FR Doc. E6-8692 Filed 6-5-06; 8:45 am]
BILLING CODE 4310-4J-P