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

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs
• Indian Affairs Bureau

[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