Chickasaw Nation Liquor Control Ordinance, 15716-15720 [E7-5961]

Download as PDF 15716 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices hsrobinson on PROD1PC76 with NOTICES required to present any one of the following forms of identification, which is effective and shows the person’s correct age, signature and photograph: (1) Driver’s license or identification card issued by any state within the United States of America; (2) United States Active Duty Military Identification card; or (3) Valid Passport. Section 6.11. Possession of Liquor Contrary to This Ordinance. Alcoholic beverages which are possessed contrary to the terms of this ordinance are declared to be contraband. Any Tribal agent, employee, or officer who is authorized by the Tribal Council to enforce this ordinance shall have the authority to seize all contraband. Section 6.12. Disposition of Seized Contraband. Any Tribal agent, employee or officer seizing contraband under Section 6.11 shall preserve the contraband in accordance with applicable California law. Any person found in violation of this ordinance by the Tribal Council shall forfeit all right, title and interest in the items seized, which shall become the property of the Tribe. Chapter VII—Taxes Section 7.1. Sales Tax. There is hereby levied and shall be collected a tax on each sale of alcoholic beverages on Tribal Land in the amount of one percent (1%) of the sale price. The tax imposed by this section shall apply to all retail sales of liquor on Tribal Land and, with respect to sales by the Tribe and/or Tribal members, shall preempt any tax imposed on such liquor sales by the State of California. Section 7.2. Payments of Taxes to Tribe. All taxes from the sale of alcoholic beverages on Tribal Land shall be paid over to the trust agent of the Tribe. Section 7.3. Taxes Due. All taxes for the sale of alcoholic beverages on Tribal Land shall be due and owing to the Tribe within thirty (30) days of the end of the calendar quarter for which the taxes are due. Section 7.4. Reports. Along with payment of the taxes imposed herein, the taxpayer shall submit an accounting for the quarter of all income from the sale or distribution of alcoholic beverages, as well as for the taxes collected. Section 7.5. Audit. As a condition of obtaining a Tribal liquor license, the licensee must agree to a review or an audit of its books and records relating to the sale of alcoholic beverages on Tribal Land. Said review or audit may be done annually by the Tribe through its agents or employees whenever, in the opinion VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 Attested By: Monica Duran, Date: 09/ 20/2006, Council Support Secretary. of the Tribal Council, such a review or audit is necessary to verify accuracy of reports. [FR Doc. E7–5962 Filed 3–30–07; 8:45 am] Chapter VIII—Profits BILLING CODE 4310–4J–P Section 8.1. Disposition of Proceeds. The gross proceeds collected by the Tribe from all licensing and taxation of the sale of alcoholic beverages on Tribal Land shall be used and distributed for the payment of all necessary personnel, administrative costs, and legal fees for Tribal liquor ordinance operations and activities, and the remainder shall be deposited in the Trust Account of the Tribe. Chapter IX—Severability and Miscellaneous Section 9.1. Severability. If any provision or application of this ordinance is determined by review to be invalid, such determination shall not be held to render ineffective the remaining portions of this ordinance, nor shall such determination be held to render valid provisions of this ordinance that are inapplicable to other persons or circumstances. Section 9.2. Prior Enactments. All prior enactments of the Tribal Council that are inconsistent with the provisions of this ordinance are hereby rescinded. Section 9.3. Conformance with California Laws. All acts and ‘‘transactions’’ under this ordinance shall be in conformity with the laws of the State of California as that term is used in 18 U.S.C. 1161. Section 9.4. Effective Date. This ordinance shall be effective on such date as the Secretary of the Interior certifies this ordinance and publishes the same in the Federal Register. Chapter X—Amendment Section 10.1. This ordinance may only be amended by a majority vote of the Tribal Council. Chapter XI—Sovereign Immunity Section 11.1. Nothing contained in this ordinance is intended to, nor does it in any way limit, alter, restrict, or waive the Tribe’s sovereign immunity from unconsented suit or action. Certification We, the undersigned duly elected official(s) of the Buena Vista Rancheria, do hereby certify under penalty of perjury that on September 13, 2006, the foregoing Ordinance was adopted at a duly called meeting of the Tribal Council with a quorum present by a vote of: 1 for, 0 against, and 0 abstaining. Rhonda L. Morningstar Pope, Date: 09/20/2006, Tribal Chairperson. PO 00000 Frm 00073 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Chickasaw Nation Liquor Control Ordinance Bureau of Indian Affairs, Interior. ACTION: Notice. AGENCY: SUMMARY: This notice publishes the Liquor Control Ordinance of the Chickasaw Nation 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 in Indian country 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. DATES: Effective Date: This Ordinance is effective on April 2, 2007. 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 4513–MIB, Washington, DC 20240, Telephone: (202) 513–7629. SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Pub. L. 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 Chickasaw Tribal Legislature (Legislature) adopted its Liquor Ordinance by Resolution No. 24– 001 on October 20, 2006, and amended it by Resolution No. 24–003 on December 15, 2006 to conform to state law. 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. E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 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 Control Ordinance of the Chickasaw Nation of Oklahoma was duly adopted by the Legislature on October 20, 2006 and properly amended on December 15, 2006. Dated: March 22, 2007. Michael D. Olsen, Principal Deputy Assistant Secretary—Indian Affairs. The Chickasaw Nation of Oklahoma Liquor Control Ordinance reads as follows: Chickasaw Nation of Oklahoma Liquor Control Ordinance Section 3–201.1 Title Be it enacted by the Tribal Legislature of the Chickasaw Nation assembled, that this Act may be cited as the ‘‘Beverage Control Act of 2007’’ (hereinafter ‘‘Act’’). This Act is enacted by the Chickasaw Tribal Legislature under the authority of Article VI, Section 1 and Article VII, Section 4 of the Constitution of the Chickasaw Nation, wherein the Legislature is required to prescribe procedures and regulations pertaining to the Chickasaw Nation. Section 3–201.2 Findings The Legislature finds that: 1. It is necessary to adopt strict controls over the operation of certain beverage sales conducted in Indian Country which is under the jurisdiction of the Chickasaw Nation; and 2. It is necessary to establish legal authority for the Chickasaw Nation, its agents, servants and employees to engage in Alcoholic Beverage sales on tribal lands within the legal boundaries of the Chickasaw Nation, provided that such locations are in compliance with the laws of the State of Oklahoma. hsrobinson on PROD1PC76 with NOTICES Section 3–201.3 Definitions As used in this Act, the following words shall have the following meanings unless the context in which they appear clearly requires otherwise: 1. ‘‘Alcohol’’ means and includes hydrated oxide of ethyl, ethyl Alcohol, Alcohol, ethanol, or Spirits of Wine, from whatever source and by whatever process produced; 2. ‘‘Alcoholic Beverage’’ means Alcohol, Spirits, Beer and Wine as those terms are defined herein and also includes every liquid or solid, patented or not, containing Alcohol, Spirits, Wine or Beer and capable of being consumed as a beverage by human VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 beings, but does not include Low-Point Beer; 3. ‘‘Bar’’ means any establishment with special space and accommodations for the sale of alcoholic beverages and for consumption on-premises as defined herein; 4. ‘‘Beer’’ means any beverage containing more than three and twotenths percent (3.2%) of Alcohol by weight and obtained by the alcoholic fermentation of an infusion or decoction of barley or other grain, malt or similar products. ‘‘Beer’’ may or may not contain hops or other vegetable products. ‘‘Beer’’ includes, among other things, Beer, ale, stout, lager Beer, porter and other malt or brewed liquors, but does not include sake, known as Japanese rice Wine; 5. ‘‘Chickasaw Nation Tax Commission’’ means the commission created by the Legislature as found in Section 2–1071 in the Code of Laws of the Chickasaw Nation; 6. ‘‘Light Wine’’ means any Wine containing not more than fourteen percent (14%) Alcohol measured by volume at sixty (60) degrees Fahrenheit; 7. ‘‘Liquor Store’’ means any store at which Alcoholic Beverages are sold and, for the purpose of this Act, includes stores only a portion of which are devoted to the Sale of Alcoholic Beverages; 8. ‘‘Low-Point Beer’’ or ‘‘Light Beer’’ means and includes beverages containing more than one-half of one percent (1⁄2 of 1%) Alcohol by volume, and not more than three and two-tenths percent (3.2%) Alcohol by weight, including but not limited to Beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products; 9. ‘‘Mixed Beverage’’ means one or more servings of a beverage composed in whole or part of an Alcoholic Beverage in a sealed or unsealed container of any legal size for consumption on the premises where served or sold by the holder of a license; 10. ‘‘Original Package’’ means any container or receptacle used for holding Alcoholic Beverages filled and stamped or sealed by the manufacturer; 11. ‘‘Public Place’’ means 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 rooms 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 has right PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 15717 to access, public conveyances of all kinds and character; and all other places of like or similar nature to which the general public has right to access, and which are generally used by the public; 12. ‘‘Sale’’ and ‘‘Sell’’ mean the exchange, barter and traffic, including the selling or supplying or distributing, by any means whatsoever, by any person to any person; 13. ‘‘Spirits’’ means any beverage other than Wine, Beer or Light Beer, which contains more than one-half of one percent (1⁄2 of 1%) Alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution and includes those products known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and fortified wines and similar compounds; but shall not include any Alcohol liquid completely denatured in accordance with the Acts of Congress and regulations pursuant thereto; 14. ‘‘Tribal Court’’ means the Chickasaw Nation Tribal District Court; 15. ‘‘Tribal Lands’’ means any or all land over which the Chickasaw Nation exercises governmental powers and that is either held in trust by the United States for the benefit of the Chickasaw Nation or individual citizens of the Chickasaw Nation subject to restrictions by the United States against alienation, and dependent Indian communities, as contained in Title 18 section 1151 of the United States Code; 16. ‘‘Wine’’ means and includes any beverage containing more than one-half of one percent (1⁄2 of 1%) Alcohol by volume and not more than twenty-four percent (24%) Alcohol by volume at sixty (60) degrees Fahrenheit obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice Wine. Section 3–201.4 Chickasaw Nation Tax Commission Powers and Duties In furtherance of this Act, the Chickasaw Nation Tax Commission shall have the following powers and duties: 1. Publish and enforce rules and regulations adopted by the Chickasaw Nation Tax Commission governing the sale, distribution and possession of Alcoholic Beverages on Tribal Lands; 2. Employ such persons as shall be reasonably necessary to allow the Chickasaw Nation Tax Commission to perform its functions; 3. Issue licenses permitting the sale or distribution of Alcoholic Beverages on Tribal Lands; E:\FR\FM\02APN1.SGM 02APN1 15718 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices 4. Hold hearings on violations of this Act or for the issuance of revocation of licenses hereunder; 5. Bring suit in Tribal Court or other appropriate court to enforce this Act as necessary; 6. Determine and seek damages for violation of this Act; 7. Make such reports as may be requested or required by the Governor of the Chickasaw Nation, who may share those reports with the Chickasaw Tribal Legislature; 8. Collect taxes and fees levied or set by the Chickasaw Tribal Legislature and keep accurate records, books and accounts; 9. Adopt procedures which supplement this Act and regulations promulgated by the Chickasaw Nation Tax Commission 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; and 10. Request amendments to this Act to address future changes in the way the Chickasaw Nation sells, distributes or possesses Alcoholic Beverages in order to ensure that this Act remains consistent with state Alcoholic Beverage laws. hsrobinson on PROD1PC76 with NOTICES Section 3–201.5 Inspection Rights The premises on which beverages defined in this Act are sold or distributed shall be open for inspection by the Chickasaw Nation Tax Commission and/or its staff at all reasonable times for the purposes of ascertaining compliance with the rules and regulations of the Chickasaw Nation Tax Commission and this Act. Section 3–201.6 Sales of Alcohol A. A person or entity who is licensed by the Chickasaw Nation Tax Commission may make retail sales of beverages as defined in this Act in their facility and the patrons of the facility may consume such liquor within any facility, other than a convenience store location. The introduction and possession of beverages as defined in this Act consistent with this Act shall also be allowed. All other purchases and sales of beverages as defined in this Act on Tribal Lands shall be prohibited. Sales of beverages as defined in this Act on Tribal Lands may only be made at businesses that hold a license from the Chickasaw Nation Tax Commission. B. All sales of beverages as defined in this Act on Tribal Lands shall be on a cash only basis and no credit shall be VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 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. All sales of beverages as defined in this Act shall be for the personal use and consumption of the purchaser. Resale of any beverage as defined in this Act on Tribal Lands is prohibited. Any person who is not licensed pursuant to this Act who purchases beverages as defined in this Act on Tribal Lands and sells it, whether in the original container or not, shall be guilty of a violation of this Act and shall be subjected to paying damages to the Chickasaw Nation as set forth herein. Section 3–201.7 Licensing and Application A. 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 beverages as defined in this Act on Tribal Lands must apply to the Chickasaw Nation Tax Commission for such a license. B. Any citizen of the Chickasaw Nation 21 years of age or older, or an enrolled citizen of a federallyrecognized tribe 21 years of age or older, other person 21 years of age or older or entity that is owned or controlled by an individual 21 years of age or older may apply to the Chickasaw Nation Tax Commission for a license to sell or serve beverages as defined in this Act on Tribal Lands. Any person or entity applying for a license to sell or serve beverages as defined in this Act on Tribal Lands must fill in the application provided for this purpose by the Chickasaw Nation Tax Commission and pay such application fee as may be set by the Chickasaw Nation Tax Commission. 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 beverages as defined in this Act. C. The person applying for such license must make a showing once a year, and must satisfy the Chickasaw Nation Tax Commission, that he is a person of good character, having never been convicted of violating any of the state Alcoholic Beverage laws or the laws promulgated under this Act; that he has never been convicted of violating any of the gambling laws of Oklahoma, or any other state of the United States, or of this or any other tribe; that he has not had, preceding the date of his application for a license, a felony conviction of any of the laws commonly called prohibition laws; and that he has PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 not had any permit or license to sell any intoxicating liquors revoked in any county of Oklahoma, or any other state, or of any tribe; and that at the time of his application for a license, he is not the holder of a retail liquor dealer’s permit or license from the United States government to engage in the sale of beverages as defined in this Act. D. The Chickasaw Nation Tax Commission shall receive and process applications and related matters. All actions relating to applications by the Chickasaw Nation Tax Commission shall be by majority vote. The Chickasaw Nation Tax Commission may, by resolution, authorize one of its members or a member of its staff to issue licenses for the sale of beverages as defined in this Act. E. Each license shall be issued for a period not to exceed one (1) year from the date of issuance. F. A licensee may renew its license if the licensee has complied in full with this Act; provided, however, that the Chickasaw Nation Tax Commission 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 residents of the Chickasaw Nation. G. The Chickasaw Nation Tax Commission may suspend or revoke a license due to one or more violations of this Act 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. H. Within 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 Chickasaw Nation Tax Commission under this Act, the licensee may deliver to the Chickasaw Nation Tax Commission 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 Chickasaw Nation Tax Commission and a written decision will be issued. Such decisions will be considered final unless an appeal is filed in accordance with Title 5, Chapter 2, Article G of the Chickasaw Nation Code. All proceedings conducted under all sections of this Act shall be in accord with due process of law. I. Licenses issued by the Chickasaw Nation Tax Commission shall not be transferable and may only be used by the person or entity in whose name it is issued. E:\FR\FM\02APN1.SGM 02APN1 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices Section 3–201.8 Taxes A. As a condition precedent to the conduct of any operations pursuant to a license issued by the Chickasaw Nation Tax Commission, the licensee must obtain from the Chickasaw Nation 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 Chickasaw Nation Tax Commission or otherwise showing compliance with the tax laws of the Chickasaw Nation. B. In addition to any other remedies provided in this Act, the Chickasaw Nation Tax Commission 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 Chickasaw Nation Tax Commission, by the Chickasaw Nation, or any rule, regulation or order of the Chickasaw Nation Tax Commission. hsrobinson on PROD1PC76 with NOTICES Section 3–201.9 Rules, Regulations and Enforcement A. In any proceeding under this Act, conviction of one unlawful sale or distribution of beverages as defined in this Act shall establish prima facie intent of unlawfully keeping, selling, or distributing beverages as defined in this Act in violation of this Act. B. Any person who shall in any manner sell or offer for sale or distribution or transport beverages as defined in this Act in violation of this Act shall be subject to civil damages assessed by the Chickasaw Nation Tax Commission. C. Any person within the boundaries of Tribal Lands who buys beverages as defined in this Act from any person other than a properly licensed facility shall be guilty of a violation of this Act. D. Any person who keeps or possesses beverages as defined in this Act 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 Act, shall be guilty of a violation of this Act. E. Any person who knowingly sells beverages as defined in this Act to a person who is obviously intoxicated or appears to be intoxicated shall be guilty of a violation of this Act. 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 beverages as defined in this Act in any public conveyance shall be guilty of an offense. Any person who shall drink beverages as defined in this VerDate Aug<31>2005 18:39 Mar 30, 2007 Jkt 211001 chapter in a public conveyance shall be guilty of a violation of this Act. G. No person under the age of twentyone (21) years shall consume, acquire or have in his possession any beverages as defined in this Act. No person shall permit any other person under the age of twenty-one (21) years to consume beverages as defined in this Act on his premises or any premises under his control. Any person violating this prohibition shall be guilty of a separate violation of this Act for each and every drink so consumed. H. Any person who shall sell or provide any beverages as defined in this Act to any person under the age of twenty-one (21) years shall be guilty of a violation of this Act for each and every 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 beverages as defined in this Act 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 Act. J. Any person who attempts to purchase beverages as defined in this Act 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 Act. K. Any person who is convicted or pleads guilty to a violation of this Act shall be punished by imprisonment for not more than one (1) year, a fine not to exceed five thousand dollars ($5,000) or a combination of both penalties. In addition, if such person holds a license issued by the Chickasaw Tax Commission, the license shall be revoked. L. When requested by the provider of beverages as defined in this Act 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; 3. Tribally-issued identification card; or 4. Passport. M. The consumption of beverages as defined in this Act on premises where such consumption or possession is contrary to the terms of this Act will result in a declaration that such beverages as defined in this Act are contraband. Any tribal agent, employee PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 15719 or officer who is authorized by the Chickasaw Nation Tax Commission shall seize all contraband and preserve it in accordance with provisions established for the preservation of impounded property. Upon being found in violation of this Act, 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 Chickasaw Nation Tax Commission. Section 3–201.10 Abatement A. Any room, house, building, vehicle, structure or other place where beverages as defined in this Act are sold, manufactured, bartered, exchanged, given away, furnished or otherwise disposed of in violation of the provisions of this Act or of any other tribal statute or law relating to the manufacture, importation, transportation, possession, distribution and sale of beverages as defined in this Act and all property kept in and used in maintaining such place, is hereby declared a nuisance. B. The chairman of the Chickasaw Nation Tax Commission, or if the chairman fails or refuses to do so, the Chickasaw Nation Tax Commission, by a majority vote, shall institute and maintain an action in the Tribal Court in the name of the Chickasaw Nation 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 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 Chickasaw Nation and conditioned that beverages as defined in this Act will not be thereafter kept, sold, bartered, exchanged, given away, furnished or otherwise disposed of in violation of the provisions of this Act 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 Chickasaw Nation under this Act. Section 3–201.11 Severability and Effective Date A. If any provision under this Act is determined by court review to be invalid, such determination shall not be held to render ineffectual the remaining portions of this Act or to render such provisions inapplicable to other persons or circumstances. E:\FR\FM\02APN1.SGM 02APN1 15720 Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices B. Once it has been signed into law by the Governor, this Act shall be effective on such date as the Secretary of the United States Department of the Interior certifies this Act and publishes the same in the Federal Register. C. Any and all previous statutes, laws and ordinances of the Chickasaw Nation Code which are inconsistent with this Act are hereby repealed and rescinded. Specifically repealed is Title 3, Chapter 2, Sections 3–201 through 3–215 as they existed before passage of this, the Beverage Control Act of 2007. Section 3–201.12 Amendment and Construction Nothing in this Act may be construed to diminish or impair in any way the rights or sovereign powers of the Chickasaw Nation or its tribal government other than the due process provision at Section 3–201.7.H which provides that licensees whose licenses have been revoked or suspended may seek review of that decision in Tribal Court. Be it further resolved, that the Chickasaw Tribal Legislature hereby approves and adopts the following sections to be codified in Title 5, Chapter 15, Article F of the Chickasaw Nation Code: hsrobinson on PROD1PC76 with NOTICES DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Indian Gaming AGENCY: Bureau of Indian Affairs, Interior. Notice of approved Tribal-State Compact. ACTION: Effective Date: April 2, 2007. DEPARTMENT OF THE INTERIOR Bureau of Land Management [CO–923–1430–ET; COC–70704] Notice of Proposed Withdrawal and Opportunity for Public Meeting; Colorado Bureau of Land Management, Interior. ACTION: Notice; Correction. AGENCY: SUMMARY: The Bureau of Land Management published a document in the Federal Register of February 23, 2007, concerning a notice of proposed withdrawal. The document contained errors in the land description. FOR FURTHER INFORMATION CONTACT: Andrew J. Senti, BLM Colorado State Office, 303–239–3713. In the Federal Register of February 23, 2007, in FR Doc. E7–3085, on page 8200, in the third column, make the following corrections to the land description: Sec. 4, the sixth and seventh lines should read ‘‘a metes and bounds parcel within lot 1 and the NW1⁄4NW1⁄4;’’ Sec. 15, the ninth and tenth lines should read ‘‘a metes and bounds parcel within the SW1⁄4SE1⁄4.’’ Andrew J. Senti, Acting Chief, Branch of Lands and Realty. [FR Doc. E7–6013 Filed 3–30–07; 8:45 am] BILLING CODE 4310–JB–P FOR FURTHER INFORMATION CONTACT: Section 5–1506.36 Prohibited Sales to Person Under Twenty-One (21) Years of Age A. It shall be unlawful for any person to sell, serve, or otherwise supply, or attempt to sell, serve, or otherwise supply beverages as defined in the Beverage Control Act of 2007 to any Jkt 211001 BILLING CODE 4310–4J–P DATES: Section 5–1506.35 Possession, Purchase, and Consumption by Person Under Twenty-One (21) Years of Age A. It shall be unlawful for any person under twenty-one (21) years of age to either: 1. Consume or possess with the intent to consume beverages as defined in the Beverage Control Act of 2007; or 2. Purchase or attempt to purchase beverages as defined in the Beverage Control Act of 2007, except under supervision of law enforcement officers. B. Possession, Purchase, or Consumption by Person Under TwentyOne (21) Years of Age shall be punishable by a fine not to exceed Two Hundred Fifty Dollars ($250.00), by imprisonment for not more than three (3) months, or both. 18:39 Mar 30, 2007 [FR Doc. E7–5961 Filed 3–30–07; 8:45 am] SUMMARY: This notice publishes approval of the Tribal-State Compact between the State of Oklahoma and Fort Sill Apache Tribe of Oklahoma. Section 5–1506.34 Definitions All definitions relating to the sale, purchase, or consumption of Alcohol found in the Beverage Control Act of 2007 and are hereby incorporated by reference as if fully stated herein. VerDate Aug<31>2005 person under twenty-one (21) years of age. B. Any person performing a Prohibited Sale to Person Under Twenty-One (21) Years of Age shall be punished by imprisonment for not more than one (1) year, a fine not to exceed Five Thousand Dollars ($5,000.00), or a combination of both penalties. In addition, if such person holds a license issued by the Chickasaw Tax Commission, the license may be revoked or other civil action may be taken pursuant to the Beverage Control Act of 2007. George T. Skibine, Director, Office of Indian Gaming, Office of the Deputy Assistant Secretary—Policy and Economic Development, Washington, DC 20240, (202) 219–4066. Under Section 11 of the Indian Gaming Regulatory Act of 1988 (IGRA), Public Law 100–497, 25 U.S.C. 2710, the Secretary of the Interior shall publish in the Federal Register notice of the approved Tribal-State Compact for the purpose of engaging in Class III gaming activities on Indian lands. This Compact authorizes the Fort Sill Apache Tribe of Oklahoma to engage in certain Class III gaming activities, provides for certain geographical exclusivity, limits the number of gaming machines at existing racetracks, and prohibits non-tribal operation of certain machines and covered games. SUPPLEMENTARY INFORMATION: Carl J. Artman, Assistant Secretary—Indian Affairs. [FR Doc. E7–5955 Filed 3–30–07; 8:45 am] BILLING CODE 4310–4N–P PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 DEPARTMENT OF THE INTERIOR National Park Service Winter Use Plans, Draft Environmental Impact Statement, Yellowstone and Grand Teton National Parks, and John D. Rockefeller, Jr. Memorial Parkway, Wyoming National Park Service, Department of the Interior. ACTION: Notice of Availability of the Draft Environmental Impact Statement for the Winter Use Plans, Yellowstone and Grand Teton National Parks, and John D. Rockefeller, Jr. Memorial Parkway. AGENCY: SUMMARY: Pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4332(2)(C), the National Park Service announces the availability of a Draft Environmental Impact Statement for the Winter Use Plans, Yellowstone and Grand Teton National Parks, and John D. Rockefeller, Jr. Memorial Parkway, Wyoming. DATES: The National Park Service will accept comments on the Draft E:\FR\FM\02APN1.SGM 02APN1

Agencies

[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15716-15720]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5961]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Chickasaw Nation Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of the 
Chickasaw Nation 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 in Indian 
country 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.

DATES: Effective Date: This Ordinance is effective on April 2, 2007.

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 4513-MIB, Washington, DC 20240, Telephone: (202) 513-7629.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Pub. 
L. 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 Chickasaw Tribal Legislature 
(Legislature) adopted its Liquor Ordinance by Resolution No. 24-001 on 
October 20, 2006, and amended it by Resolution No. 24-003 on December 
15, 2006 to conform to state law. 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.

[[Page 15717]]

    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 Control Ordinance 
of the Chickasaw Nation of Oklahoma was duly adopted by the Legislature 
on October 20, 2006 and properly amended on December 15, 2006.

    Dated: March 22, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.

    The Chickasaw Nation of Oklahoma Liquor Control Ordinance reads as 
follows:

Chickasaw Nation of Oklahoma Liquor Control Ordinance

Section 3-201.1 Title

    Be it enacted by the Tribal Legislature of the Chickasaw Nation 
assembled, that this Act may be cited as the ``Beverage Control Act of 
2007'' (hereinafter ``Act''). This Act is enacted by the Chickasaw 
Tribal Legislature under the authority of Article VI, Section 1 and 
Article VII, Section 4 of the Constitution of the Chickasaw Nation, 
wherein the Legislature is required to prescribe procedures and 
regulations pertaining to the Chickasaw Nation.

Section 3-201.2 Findings

    The Legislature finds that:
    1. It is necessary to adopt strict controls over the operation of 
certain beverage sales conducted in Indian Country which is under the 
jurisdiction of the Chickasaw Nation; and
    2. It is necessary to establish legal authority for the Chickasaw 
Nation, its agents, servants and employees to engage in Alcoholic 
Beverage sales on tribal lands within the legal boundaries of the 
Chickasaw Nation, provided that such locations are in compliance with 
the laws of the State of Oklahoma.

Section 3-201.3 Definitions

    As used in this Act, the following words shall have the following 
meanings unless the context in which they appear clearly requires 
otherwise:
    1. ``Alcohol'' means and includes hydrated oxide of ethyl, ethyl 
Alcohol, Alcohol, ethanol, or Spirits of Wine, from whatever source and 
by whatever process produced;
    2. ``Alcoholic Beverage'' means Alcohol, Spirits, Beer and Wine as 
those terms are defined herein and also includes every liquid or solid, 
patented or not, containing Alcohol, Spirits, Wine or Beer and capable 
of being consumed as a beverage by human beings, but does not include 
Low-Point Beer;
    3. ``Bar'' means any establishment with special space and 
accommodations for the sale of alcoholic beverages and for consumption 
on-premises as defined herein;
    4. ``Beer'' means any beverage containing more than three and two-
tenths percent (3.2%) of Alcohol by weight and obtained by the 
alcoholic fermentation of an infusion or decoction of barley or other 
grain, malt or similar products. ``Beer'' may or may not contain hops 
or other vegetable products. ``Beer'' includes, among other things, 
Beer, ale, stout, lager Beer, porter and other malt or brewed liquors, 
but does not include sake, known as Japanese rice Wine;
    5. ``Chickasaw Nation Tax Commission'' means the commission created 
by the Legislature as found in Section 2-1071 in the Code of Laws of 
the Chickasaw Nation;
    6. ``Light Wine'' means any Wine containing not more than fourteen 
percent (14%) Alcohol measured by volume at sixty (60) degrees 
Fahrenheit;
    7. ``Liquor Store'' means any store at which Alcoholic Beverages 
are sold and, for the purpose of this Act, includes stores only a 
portion of which are devoted to the Sale of Alcoholic Beverages;
    8. ``Low-Point Beer'' or ``Light Beer'' means and includes 
beverages containing more than one-half of one percent (\1/2\ of 1%) 
Alcohol by volume, and not more than three and two-tenths percent 
(3.2%) Alcohol by weight, including but not limited to Beer or cereal 
malt beverages obtained by the alcoholic fermentation of an infusion of 
barley or other grain, malt or similar products;
    9. ``Mixed Beverage'' means one or more servings of a beverage 
composed in whole or part of an Alcoholic Beverage in a sealed or 
unsealed container of any legal size for consumption on the premises 
where served or sold by the holder of a license;
    10. ``Original Package'' means any container or receptacle used for 
holding Alcoholic Beverages filled and stamped or sealed by the 
manufacturer;
    11. ``Public Place'' means 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 rooms 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 has 
right to access, public conveyances of all kinds and character; and all 
other places of like or similar nature to which the general public has 
right to access, and which are generally used by the public;
    12. ``Sale'' and ``Sell'' mean the exchange, barter and traffic, 
including the selling or supplying or distributing, by any means 
whatsoever, by any person to any person;
    13. ``Spirits'' means any beverage other than Wine, Beer or Light 
Beer, which contains more than one-half of one percent (\1/2\ of 1%) 
Alcohol measured by volume and obtained by distillation, whether or not 
mixed with other substances in solution and includes those products 
known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and 
fortified wines and similar compounds; but shall not include any 
Alcohol liquid completely denatured in accordance with the Acts of 
Congress and regulations pursuant thereto;
    14. ``Tribal Court'' means the Chickasaw Nation Tribal District 
Court;
    15. ``Tribal Lands'' means any or all land over which the Chickasaw 
Nation exercises governmental powers and that is either held in trust 
by the United States for the benefit of the Chickasaw Nation or 
individual citizens of the Chickasaw Nation subject to restrictions by 
the United States against alienation, and dependent Indian communities, 
as contained in Title 18 section 1151 of the United States Code;
    16. ``Wine'' means and includes any beverage containing more than 
one-half of one percent (\1/2\ of 1%) Alcohol by volume and not more 
than twenty-four percent (24%) Alcohol by volume at sixty (60) degrees 
Fahrenheit obtained by the fermentation of the natural contents of 
fruits, vegetables, honey, milk or other products containing sugar, 
whether or not other ingredients are added, and includes vermouth and 
sake, known as Japanese rice Wine.

Section 3-201.4 Chickasaw Nation Tax Commission Powers and Duties

    In furtherance of this Act, the Chickasaw Nation Tax Commission 
shall have the following powers and duties:
    1. Publish and enforce rules and regulations adopted by the 
Chickasaw Nation Tax Commission governing the sale, distribution and 
possession of Alcoholic Beverages on Tribal Lands;
    2. Employ such persons as shall be reasonably necessary to allow 
the Chickasaw Nation Tax Commission to perform its functions;
    3. Issue licenses permitting the sale or distribution of Alcoholic 
Beverages on Tribal Lands;

[[Page 15718]]

    4. Hold hearings on violations of this Act or for the issuance of 
revocation of licenses hereunder;
    5. Bring suit in Tribal Court or other appropriate court to enforce 
this Act as necessary;
    6. Determine and seek damages for violation of this Act;
    7. Make such reports as may be requested or required by the 
Governor of the Chickasaw Nation, who may share those reports with the 
Chickasaw Tribal Legislature;
    8. Collect taxes and fees levied or set by the Chickasaw Tribal 
Legislature and keep accurate records, books and accounts;
    9. Adopt procedures which supplement this Act and regulations 
promulgated by the Chickasaw Nation Tax Commission 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; 
and
    10. Request amendments to this Act to address future changes in the 
way the Chickasaw Nation sells, distributes or possesses Alcoholic 
Beverages in order to ensure that this Act remains consistent with 
state Alcoholic Beverage laws.

Section 3-201.5 Inspection Rights

    The premises on which beverages defined in this Act are sold or 
distributed shall be open for inspection by the Chickasaw Nation Tax 
Commission and/or its staff at all reasonable times for the purposes of 
ascertaining compliance with the rules and regulations of the Chickasaw 
Nation Tax Commission and this Act.

Section 3-201.6 Sales of Alcohol

    A. A person or entity who is licensed by the Chickasaw Nation Tax 
Commission may make retail sales of beverages as defined in this Act in 
their facility and the patrons of the facility may consume such liquor 
within any facility, other than a convenience store location. The 
introduction and possession of beverages as defined in this Act 
consistent with this Act shall also be allowed. All other purchases and 
sales of beverages as defined in this Act on Tribal Lands shall be 
prohibited. Sales of beverages as defined in this Act on Tribal Lands 
may only be made at businesses that hold a license from the Chickasaw 
Nation Tax Commission.
    B. All sales of beverages as defined in this Act 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. All sales of beverages as defined in this Act shall be for the 
personal use and consumption of the purchaser. Resale of any beverage 
as defined in this Act on Tribal Lands is prohibited. Any person who is 
not licensed pursuant to this Act who purchases beverages as defined in 
this Act on Tribal Lands and sells it, whether in the original 
container or not, shall be guilty of a violation of this Act and shall 
be subjected to paying damages to the Chickasaw Nation as set forth 
herein.

Section 3-201.7 Licensing and Application

    A. 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 beverages as defined in 
this Act on Tribal Lands must apply to the Chickasaw Nation Tax 
Commission for such a license.
    B. Any citizen of the Chickasaw Nation 21 years of age or older, or 
an enrolled citizen of a federally-recognized tribe 21 years of age or 
older, other person 21 years of age or older or entity that is owned or 
controlled by an individual 21 years of age or older may apply to the 
Chickasaw Nation Tax Commission for a license to sell or serve 
beverages as defined in this Act on Tribal Lands. Any person or entity 
applying for a license to sell or serve beverages as defined in this 
Act on Tribal Lands must fill in the application provided for this 
purpose by the Chickasaw Nation Tax Commission and pay such application 
fee as may be set by the Chickasaw Nation Tax Commission. 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 beverages as defined in this Act.
    C. The person applying for such license must make a showing once a 
year, and must satisfy the Chickasaw Nation Tax Commission, that he is 
a person of good character, having never been convicted of violating 
any of the state Alcoholic Beverage laws or the laws promulgated under 
this Act; that he has never been convicted of violating any of the 
gambling laws of Oklahoma, or any other state of the United States, or 
of this or any other tribe; that he has not had, preceding the date of 
his application for a license, a felony conviction of any of the laws 
commonly called prohibition laws; and that he has not had any permit or 
license to sell any intoxicating liquors revoked in any county of 
Oklahoma, or any other state, or of any tribe; and that at the time of 
his application for a license, he is not the holder of a retail liquor 
dealer's permit or license from the United States government to engage 
in the sale of beverages as defined in this Act.
    D. The Chickasaw Nation Tax Commission shall receive and process 
applications and related matters. All actions relating to applications 
by the Chickasaw Nation Tax Commission shall be by majority vote. The 
Chickasaw Nation Tax Commission may, by resolution, authorize one of 
its members or a member of its staff to issue licenses for the sale of 
beverages as defined in this Act.
    E. Each license shall be issued for a period not to exceed one (1) 
year from the date of issuance.
    F. A licensee may renew its license if the licensee has complied in 
full with this Act; provided, however, that the Chickasaw Nation Tax 
Commission 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 
residents of the Chickasaw Nation.
    G. The Chickasaw Nation Tax Commission may suspend or revoke a 
license due to one or more violations of this Act 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.
    H. Within 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 Chickasaw Nation Tax 
Commission under this Act, the licensee may deliver to the Chickasaw 
Nation Tax Commission 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 Chickasaw Nation Tax 
Commission and a written decision will be issued. Such decisions will 
be considered final unless an appeal is filed in accordance with Title 
5, Chapter 2, Article G of the Chickasaw Nation Code. All proceedings 
conducted under all sections of this Act shall be in accord with due 
process of law.
    I. Licenses issued by the Chickasaw Nation Tax Commission shall not 
be transferable and may only be used by the person or entity in whose 
name it is issued.

[[Page 15719]]

Section 3-201.8 Taxes

    A. As a condition precedent to the conduct of any operations 
pursuant to a license issued by the Chickasaw Nation Tax Commission, 
the licensee must obtain from the Chickasaw Nation 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 Chickasaw Nation Tax Commission or otherwise 
showing compliance with the tax laws of the Chickasaw Nation.
    B. In addition to any other remedies provided in this Act, the 
Chickasaw Nation Tax Commission 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 Chickasaw Nation Tax 
Commission, by the Chickasaw Nation, or any rule, regulation or order 
of the Chickasaw Nation Tax Commission.

Section 3-201.9 Rules, Regulations and Enforcement

    A. In any proceeding under this Act, conviction of one unlawful 
sale or distribution of beverages as defined in this Act shall 
establish prima facie intent of unlawfully keeping, selling, or 
distributing beverages as defined in this Act in violation of this Act.
    B. Any person who shall in any manner sell or offer for sale or 
distribution or transport beverages as defined in this Act in violation 
of this Act shall be subject to civil damages assessed by the Chickasaw 
Nation Tax Commission.
    C. Any person within the boundaries of Tribal Lands who buys 
beverages as defined in this Act from any person other than a properly 
licensed facility shall be guilty of a violation of this Act.
    D. Any person who keeps or possesses beverages as defined in this 
Act 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 Act, shall be guilty 
of a violation of this Act.
    E. Any person who knowingly sells beverages as defined in this Act 
to a person who is obviously intoxicated or appears to be intoxicated 
shall be guilty of a violation of this Act.
    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 beverages as 
defined in this Act in any public conveyance shall be guilty of an 
offense. Any person who shall drink beverages as defined in this 
chapter in a public conveyance shall be guilty of a violation of this 
Act.
    G. No person under the age of twenty-one (21) years shall consume, 
acquire or have in his possession any beverages as defined in this Act. 
No person shall permit any other person under the age of twenty-one 
(21) years to consume beverages as defined in this Act on his premises 
or any premises under his control. Any person violating this 
prohibition shall be guilty of a separate violation of this Act for 
each and every drink so consumed.
    H. Any person who shall sell or provide any beverages as defined in 
this Act to any person under the age of twenty-one (21) years shall be 
guilty of a violation of this Act for each and every 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 beverages as defined in this Act 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 Act.
    J. Any person who attempts to purchase beverages as defined in this 
Act 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 Act.
    K. Any person who is convicted or pleads guilty to a violation of 
this Act shall be punished by imprisonment for not more than one (1) 
year, a fine not to exceed five thousand dollars ($5,000) or a 
combination of both penalties. In addition, if such person holds a 
license issued by the Chickasaw Tax Commission, the license shall be 
revoked.
    L. When requested by the provider of beverages as defined in this 
Act 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;
    3. Tribally-issued identification card; or
    4. Passport.
    M. The consumption of beverages as defined in this Act on premises 
where such consumption or possession is contrary to the terms of this 
Act will result in a declaration that such beverages as defined in this 
Act are contraband. Any tribal agent, employee or officer who is 
authorized by the Chickasaw Nation Tax Commission shall seize all 
contraband and preserve it in accordance with provisions established 
for the preservation of impounded property. Upon being found in 
violation of this Act, 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 Chickasaw 
Nation Tax Commission.

Section 3-201.10 Abatement

    A. Any room, house, building, vehicle, structure or other place 
where beverages as defined in this Act are sold, manufactured, 
bartered, exchanged, given away, furnished or otherwise disposed of in 
violation of the provisions of this Act or of any other tribal statute 
or law relating to the manufacture, importation, transportation, 
possession, distribution and sale of beverages as defined in this Act 
and all property kept in and used in maintaining such place, is hereby 
declared a nuisance.
    B. The chairman of the Chickasaw Nation Tax Commission, or if the 
chairman fails or refuses to do so, the Chickasaw Nation Tax 
Commission, by a majority vote, shall institute and maintain an action 
in the Tribal Court in the name of the Chickasaw Nation 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 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 
Chickasaw Nation and conditioned that beverages as defined in this Act 
will not be thereafter kept, sold, bartered, exchanged, given away, 
furnished or otherwise disposed of in violation of the provisions of 
this Act 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 Chickasaw Nation under this Act.

Section 3-201.11 Severability and Effective Date

    A. If any provision under this Act is determined by court review to 
be invalid, such determination shall not be held to render ineffectual 
the remaining portions of this Act or to render such provisions 
inapplicable to other persons or circumstances.

[[Page 15720]]

    B. Once it has been signed into law by the Governor, this Act shall 
be effective on such date as the Secretary of the United States 
Department of the Interior certifies this Act and publishes the same in 
the Federal Register.
    C. Any and all previous statutes, laws and ordinances of the 
Chickasaw Nation Code which are inconsistent with this Act are hereby 
repealed and rescinded. Specifically repealed is Title 3, Chapter 2, 
Sections 3-201 through 3-215 as they existed before passage of this, 
the Beverage Control Act of 2007.

Section 3-201.12 Amendment and Construction

    Nothing in this Act may be construed to diminish or impair in any 
way the rights or sovereign powers of the Chickasaw Nation or its 
tribal government other than the due process provision at Section 3-
201.7.H which provides that licensees whose licenses have been revoked 
or suspended may seek review of that decision in Tribal Court. Be it 
further resolved, that the Chickasaw Tribal Legislature hereby approves 
and adopts the following sections to be codified in Title 5, Chapter 
15, Article F of the Chickasaw Nation Code:

Section 5-1506.34 Definitions

    All definitions relating to the sale, purchase, or consumption of 
Alcohol found in the Beverage Control Act of 2007 and are hereby 
incorporated by reference as if fully stated herein.

Section 5-1506.35 Possession, Purchase, and Consumption by Person Under 
Twenty-One (21) Years of Age

    A. It shall be unlawful for any person under twenty-one (21) years 
of age to either:
    1. Consume or possess with the intent to consume beverages as 
defined in the Beverage Control Act of 2007; or
    2. Purchase or attempt to purchase beverages as defined in the 
Beverage Control Act of 2007, except under supervision of law 
enforcement officers.
    B. Possession, Purchase, or Consumption by Person Under Twenty-One 
(21) Years of Age shall be punishable by a fine not to exceed Two 
Hundred Fifty Dollars ($250.00), by imprisonment for not more than 
three (3) months, or both.

Section 5-1506.36 Prohibited Sales to Person Under Twenty-One (21) 
Years of Age

    A. It shall be unlawful for any person to sell, serve, or otherwise 
supply, or attempt to sell, serve, or otherwise supply beverages as 
defined in the Beverage Control Act of 2007 to any person under twenty-
one (21) years of age.
    B. Any person performing a Prohibited Sale to Person Under Twenty-
One (21) Years of Age shall be punished by imprisonment for not more 
than one (1) year, a fine not to exceed Five Thousand Dollars 
($5,000.00), or a combination of both penalties. In addition, if such 
person holds a license issued by the Chickasaw Tax Commission, the 
license may be revoked or other civil action may be taken pursuant to 
the Beverage Control Act of 2007.

 [FR Doc. E7-5961 Filed 3-30-07; 8:45 am]
BILLING CODE 4310-4J-P