Chickasaw Nation Liquor Control Ordinance, 15716-15720 [E7-5961]
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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Notices
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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
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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.
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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.
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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.
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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
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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
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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;
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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.
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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
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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
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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.
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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.
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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
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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
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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.
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02APN1
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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
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]]>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]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Chickasaw Nation Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
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
