Bureau of Indian Affairs, 14997-15002 [E8-5627]

Agencies

• DEPARTMENT OF THE INTERIOR
• Indian Affairs Bureau

[Federal Register Volume 73, Number 55 (Thursday, March 20, 2008)]
[Notices]
[Pages 14997-15002]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-5627]


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DEPARTMENT OF THE INTERIOR


Bureau of Indian Affairs

Muscogee (Creek) Nation Liquor and Beverage Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor and Beverage Code (Code) of 
the Muscogee (Creek) Nation. The Code regulates and controls the 
possession, sale and consumption of liquor within the Muscogee Creek 
Nation Indian Country (Tribal Lands) as defined by Federal law. The 
Code allows for the possession and sale of alcoholic beverages within 
the Tribal Lands. The Code will increase the ability of the tribal 
government to control the distribution and possession of liquor within 
their jurisdiction and at the same time will provide an important 
source of revenue and strengthening of the tribal government and the 
delivery of tribal services.

DATES: Effective Date: This Act is effective as of March 20, 2008.

FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government 
Services Officer, Eastern Oklahoma Regional Office, Bureau of Indian 
Affairs, 3100 West Peak Blvd., Muskogee, Oklahoma 74402 ; Telephone 
(918) 781-4600; Fax (918) 781-4604; or Elizabeth Colliflower, Office of 
Indian Services, 1849 C Street, NW., Mail Stop 4513-MIB, Washington, DC 
20240; Telephone (202) 513-7627; Fax (202) 208-5113.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953; 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor

[[Page 14998]]

ordinances for the purpose of regulating liquor transactions in Indian 
Country. The National Council of the Muscogee (Creek) Nation adopted 
this amendment to Title 36 of the Muscogee (Creek) Nation Code 
Annotated on June 30, 2007.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs. I certify that the National Council duly adopted amendment NCA 
07-159 to the Muscogee (Creek) Nation Code Annotated on June 30, 2007.

    Dated: March 14, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
    This amendment, NCA 07-159, to the Muscogee (Creek) Nation Code 
Annotated reads as follows:
    NCA 07-159
    CLASSIFICATION: 36. TAXATION AND REVENUE.
    A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING NCA 06-132 (A LAW OF 
THE MUSCOGEE (CREEK) NATION ENACTING A LIQUOR AND BEVERAGE CODE AND 
CODIFYING SAID LAW IN TITLE 36, ``TAXATION AND REVENUE,'' OF THE CODE 
OF LAWS OF THE MUSCOGEE (CREEK) NATION), AS AMENDED BY NCA 06-222.
    Be it Enacted by the National Council of the Muscogee (Creek) 
Nation:
    SECTION ONE. AMENDMENT. This amendment shall be codified in Title 
36 of the Muscogee (Creek) Nation Code Annotated and shall read as 
follows:

Title 36. Taxation and Revenue

Chapter 7. Liquor and Beverage Code

Subchapter 1. General Provisions
    Section 7-101. Findings. The National Council finds that:
    A. It is the policy of the Nation to raise revenues through the 
collection of taxes for the sale and distribution of liquor and beer 
products within Muscogee (Creek) Nation Indian Country as defined by 
Federal law.
    B. The Nation has a duty to provide for the health, safety, and 
welfare of its citizens.
    C. As part of the Nation's responsibility to its citizens, the 
Nation must regulate and control the distribution, sale, and possession 
of alcoholic beverages on tribal lands located within Muscogee (Creek) 
Nation Indian Country as defined by Federal law.
    D. Except as otherwise required by other applicable laws of the 
Muscogee (Creek) Nation or by any applicable Federal and State law, the 
provisions and requirements of this Chapter and any rules, regulations 
and licenses authorized hereunder shall apply to the sale and 
distribution of liquor and beer products on properties under the 
jurisdiction of the Nation.
    Section 7-102. Purpose. The purpose of this Act is to regulate the 
sale and distribution of liquor and beer products on properties under 
the jurisdiction of the Muscogee (Creek) Nation and to generate an 
additional revenue base.
    Section 7-103. Short Title and Codification. This Act shall be 
known and may be cited as the Muscogee (Creek) Nation Liquor and 
Beverage Code and shall be codified as Chapter 7 in Title 36, 
``Taxation and Revenue,'' of the Code of Laws of the Muscogee (Creek) 
Nation.
    Section 7-104. Authority. This Act is enacted pursuant to Article 
VI, Sec.  7, of the Constitution of the Muscogee (Creek) Nation and the 
Congressional Act of August 15, 1953 (Pub. L. 83-277, 67 State. 588, 18 
U.S.C. Sec.  1161).
    Section 7-105. Definitions. For purposes of this Chapter, the 
following words and phrases shall have the meanings respectively 
ascribed to them in this section, except where the context otherwise 
requires:
    A. ``Alcohol'' means a substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine, which is produced by the 
fermentation or distillation of grain, starch, molasses, sugar, or 
other substances including all dilutions and mixtures of this 
substance.
    B. ``Beer'' means any beverage containing less than or equal to 
three and two-tenths percent (3.2%) of alcohol by weight and obtained 
by the alcoholic fermentation of an infusion of decoction of pure hops, 
pure extract of barley or other grain, malt, sugar, or similar 
products.
    C. ``Beer Outlet'' means the Muscogee (Creek) Nation's licensed 
retail sale business selling beer within the Muscogee (Creek) Nation 
Indian Country as defined by Federal law, including all related and 
associated facilities under the control of the Operator. Moreover, 
where an Operator's business is carried on as part of the operation of 
an entertainment or recreational facility, the ``Beer Outlet'' shall be 
deemed to include the entertainment or recreational facility and its 
associated areas.
    D. ``Commission'' means the Muscogee (Creek) Nation Tax Commission 
as established pursuant to MCNCA Title 36, Sec.  1-103.
    E. ``Commissioner'' means the Muscogee (Creek) Nation Tax 
Commissioner as established pursuant to MCNCA Title 36, Sec.  1-104.A.
    F. ``Liquor'' means the four varieties of liquor commonly referred 
to as alcohol, spirits, wine and beer in excess of three and two-tenths 
percent (3.2%) of alcohol, and all fermented, spirituous, vinous or 
malt liquors or any other intoxicating liquid, solid, semi-solid or 
other substance patented or not, containing alcohol, spirits, wine or 
beer, in excess of three and two-tenths percent (3.2%) of alcohol, and 
is intended for oral consumption.
    G. ``Liquor Outlet'' means the Muscogee (Creek) Nation's licensed 
retail sale business selling liquor within the Muscogee Indian Country 
as defined by Federal law, including all related and associated 
facilities under the control of the Operator. Moreover, where an 
Operator's business is carried on as part of the operation of an 
entertainment or recreational facility, the ``Liquor Outlet'' shall be 
deemed to include the entertainment or recreational facility and its 
associated areas.
    H. ``Nation'' means the Muscogee (Creek) Nation as established 
under the Muscogee (Creek) Nation Constitution of 1979. Chartered 
communities of the Muscogee (Creek) Nation are considered component, 
inseparable subdivisions of the Muscogee (Creek) Nation and may only 
benefit from the rights and privileges from the Muscogee (Creek) Nation 
under this Chapter.
    I. ``National Council'' means the Muscogee (Creek) Nation National 
Council as constituted by Article VI of the Constitution of the 
Muscogee (Creek) Nation.
    J. ``Operator'' means a person twenty-one (21) years of age or 
older who is properly licensed by the Commission to operate a Liquor 
and/or Beer Outlet.
    K. ``Person'' means a natural person, a partnership, an association 
of persons, a corporation, a firm, a limited liability company, a sole 
proprietorship, a trust, a joint venture, a consortium, a commercial 
entity, a Muscogee (Creek) Nation tribal entity, a Muscogee (Creek) 
Nation chartered Indian community, or an Indian tribe.
    L. ``Sale'' means any transfer, exchange, or barter, in any manner 
or by any means whatsoever, for a consideration and includes and means 
all sales made by any person, whether as principal, proprietor or as an 
agent, servant, or employee, association, partnership, or corporation 
of liquor or beer products.
    M. ``Wholesaler'' means and includes any person doing any such acts 
or carrying on any such business or businesses that would require such

[[Page 14999]]

person to obtain a wholesaler's license or licenses hereunder.
    N. ``Wholesale price'' means the established price for which liquor 
or beer are sold to the Muscogee (Creek) Nation or any Operator by the 
manufacturer or distributor or other reduction.
    Section 7-106. Severability. In the event that any provision or 
provisions of this Act are determined by a court of competent 
jurisdiction to be invalid for any reason, the remaining provisions of 
the Act shall be deemed severable from the provision or provisions 
determined to be invalid and shall remain in full force and effect as 
though the invalid provisions had never been part of the Act.
Subchapter 2. Prohibition and Conformity With the Laws of the State of 
Oklahoma
    Section 7-201. General Prohibition. It shall be unlawful to buy, 
sell, give away, consume, furnish, or possess any liquor or beer 
product containing alcohol for ingestion by human beings or to appear 
or be found in a place where liquor or beer products are sold and/or 
consumed, except as allowed for under this Act and the regulations 
promulgated hereunder.
    Section 7-202. Possession for Personal Use. Possession of liquor or 
beer products for personal use by persons over the age of twenty-one 
(21) years shall, unless otherwise prohibited by Federal, State or 
Muscogee (Creek) Nation Law or Regulation, be lawful within the 
Muscogee (Creek) Nation Indian Country as defined by Federal law, so 
long as said liquor or beer product was lawfully purchased from an 
establishment duly licensed to sell said beverages, whether on or off 
the Muscogee (Creek) Nation Indian Country as defined by Federal law 
and consumed within a private residence or at a location or facility 
licensed for the public consumption of liquor or beer.
    Section 7-203. Conformity with the Laws of the State of Oklahoma. 
Federal law prohibits the introduction, possession and sale of liquor 
in Indian Country (18 U.S.C. 1154 and other statutes), except when the 
same is in conformity both with laws of the State of Oklahoma and the 
Nation (18 U.S.C. 1161). As such, compliance with this Act shall be in 
addition to and not a substitute for compliance with the laws of the 
State of Oklahoma. Operators acting pursuant to this Act shall comply 
with the State of Oklahoma's liquor and beer laws to the extent 
required by 18 U.S.C. 1161. However, the Nation shall have the fullest 
jurisdiction allowed under the Federal laws over the sale of liquor and 
beer products, and related products or activities within Muscogee 
(Creek) Nation Indian County as defined by Federal law.
Subchapter 3. Licensing
    Section 7-301. Licensing of Liquor and Beer Outlets. The Commission 
is empowered to do the following duties:
    a. Administer this Act by exercising general control, management 
and supervision of all liquor and beer sales, places of sales and sale 
outlets, as well as exercising all powers necessary to accomplish the 
purposes of this Act; and,
    b. Adopt and enforce rules and regulations in furtherance of the 
purposes of this Act and in the performance of its administrative 
functions.
    Section 7-302. National Council Approval of Liquor and/or Beer 
Outlet Locations.
    A. National Council Approval of Location. The National Council 
shall approve all Liquor and/or Beer Outlet locations located on 
Muscogee (Creek) Nation Indian Country as defined by Federal law by way 
of Tribal Resolution prior to the Commission issuing Licenses to said 
outlet locations.
    B. National Council Location Review. The National Council may 
refuse to approve a Liquor and/or Beer Outlet Location located on the 
Muscogee (Creek) Nation Indian Country as defined by Federal law, 
pursuant to Section 7-302 of this Act, if the National Council has 
reasonable cause to believe that:
    1. The proximity of the outlet has a detrimental effect upon a 
social or governmental institution established by the laws of the 
Muscogee (Creek) Nation; or
    2. The outlet is within 50 feet of a residential area; or
    3. There is any other reason as provided for and by Muscogee 
(Creek) Nation law or regulation.
    Section 7-303. Application for Liquor and/or Beer Outlet Licenses.
    A. Application. Any person twenty-one (21) years of age or older 
may apply to the Commission for a Liquor and/or Beer Outlet License.
    B. Licensing Requirements. The person applying for said license 
must make a showing once a year and must satisfy the Commission that:
    1. He/she is a person of good moral character;
    2. He/she has never been convicted of violating any laws 
prohibiting the traffic in any spirituous, vinous, fermented or malt 
liquors, or of the gaming laws of the Nation, State of Oklahoma, any 
other Nation or any State of the United States;
    3. He/she has never violated the laws commonly called the 
``Prohibition laws,'' as defined hereunder or under any subsequent 
regulations; and,
    4. He/she has not had any permit or license to sell alcohol, beer 
or liquor as provided for in Sec.  7-105 hereof revoked by any 
governmental authority within the previous one (1) year.
    C. Processing Application. The Commissioner shall receive and 
process applications and be the official representative of the Nation 
and the Commission in all matters related to the receipt of 
applications, liquor and beer excise tax collections and any other 
related matters. If the Commission or its authorized representative is 
satisfied that the applicant is suitable and a responsible person, the 
Commission or its authorized representative may issue a license for the 
sale of liquor and/or beer products.
    D. Application Fee. Each application shall be accompanied by an 
application fee to be set by regulations of the Commission.
    E. Discretionary Licensing. Nothing herein shall be deemed to 
create a duty or requirement to issue a license. Issuance of a license 
is discretionary based upon the Commission's determination of the best 
interests of the Nation. A license is a privilege, and not a property 
right, to sell liquor and/or beer products within the jurisdiction of 
the Muscogee (Creek) Nation at licensed locations, but not operate to 
confer on, vest in, or license any title, interest or estate in 
Muscogee (Creek) Nation real property.
    Section 7-304. Liquor and/or Beer Outlet Licenses. Upon approval of 
an application, the Commission shall issue the applicant a liquor and/
or beer license (``License'') which shall be valid for one (1) year 
from the date of issuance. The License shall entitle the Operator to 
establish and maintain only the type of outlet permitted on the 
license. This License shall not be transferable. The Operator must 
properly and publicly display the License in its place of business. The 
License shall be renewable at the discretion of the Commission; 
provided that the Operator submits an application form and application 
fee as provided for in Section 7-303. D. of this Act.
    Section 7-305. Other Business by Operator. An Operator may conduct 
another business simultaneously with managing a Liquor and/or Beer 
Outlet; provided if such other business is in any manner affiliated or 
related to the Liquor and/or Beer Outlet and is not regulated by 
another entity of the Nation

[[Page 15000]]

it must be approved by the Commission prior to the initiation. Said 
other business may be conducted on same premise as a Liquor and/or Beer 
Outlet, but the Operator shall be required to maintain separate account 
books for the other business.
    Section 7-306. Revocation of Operator's License.
    A. Failure of an Operator to abide by the requirements of this Act 
and any additional regulations or requirements imposed by the 
Commission shall constitute grounds for revocation of the Operator's 
License as well as enforcement of the penalties provided for in Section 
7-701 of this Act.
    B. Upon determining that any person licensed by the Nation to sell 
liquor and/or beer is for any reason no longer qualified to hold such 
license or reasonably appears to have violated any terms of this 
license or Muscogee (Creek) Nation regulations, including failure to 
pay taxes when due and owing, or have been found by any forum of 
competent jurisdiction, including the Commission, to have violated the 
terms of the Nation's or the State of Oklahoma's license or of any 
provision of this Act, the Commissioner shall immediately serve written 
notice upon the Operator that he/she must show cause within ten (10) 
days as to why his/her license should not be revoked or restricted. The 
notice shall state the grounds relied upon for the proposed revocation 
or restriction.
    C. If the Operator fails to respond to the notice within ten (10) 
days of service, the Commissioner may issue an Order revoking the 
License as the Commissioner deems appropriate, effective immediately. 
The Operator may within the ten (10)-day period file with the 
Commission a written response and request for hearing before the 
Commission.
    D. At the hearing, the Operator may present evidence and argument 
directed at the issue of whether or not the asserted grounds for the 
proposed revocation or restriction are in fact true, and whether such 
grounds justify the revocation or modifications of the License. The 
Nation may present evidence as it deems appropriate.
    E. The Commission, after considering all of the evidence and 
arguments, shall issue a written decision either upholding the License, 
revoking the License or imposing some lesser penalty (such as temporary 
suspension or fine), and such decision shall be final and conclusive 
with regard to the Commission.
    F. The Commission's final decision may be appealed by the Operator 
to the Muscogee (Creek) Nation District Court. Any findings of fact of 
the Commission are conclusive upon the District Court. The purposes of 
the District Court review are not to substitute the Court's finding of 
facts or opinion for the Commission's, but to guarantee due process of 
law. If the District Court should rule for the appealing party, the 
District Court may order a new hearing giving such guidance for the 
conduct of such as it deems necessary for a fair hearing. In the event 
a party is unsuccessful before the District Court, they may exercise 
such appeal rights as available before the Muscogee (Creek) Nation 
Supreme Court. No damages or monies may be awarded against the 
Commission, its members nor the Nation, and its agents, officers and 
employees in such an action.
    Section 7-307. Discretionary Review. The Commission may refuse to 
grant a License for the sale of liquor and/or beer products, if the 
Commission has reasonable cause to believe that the License required by 
this Act has been obtained by fraud or misrepresentation. The 
Commission upon proof that said License was so obtained shall upon 
hearing revoke the same, and all funds paid therefore shall be 
forfeited.
Subchapter 4. Liquor and Beer Sales and Transportation
    Section 7-401. Sales by Liquor and Beer Wholesalers and Transport 
of Liquor and Beer upon Muscogee (Creek) Nation Indian Country.
    A. Right of Commission to Scrutinize Suppliers. The Operator of any 
licensed outlet shall keep the Commission informed, in writing, of the 
identity of the suppliers and/or wholesalers who supply or are expected 
to supply liquor and/or beer products to the outlet(s). The Commission 
may, at its discretion, limit or prohibit the purchase of said products 
from a supplier or wholesaler for the following reasons: non-payment of 
Muscogee (Creek) Nation taxes, bad business practices, or sale of 
unhealthy supplies. A ten (10)-day notice of stopping purchases (``Stop 
Purchase Order'') shall be given by the Commission whenever purchases 
from a supplier or wholesaler are to be discontinued unless there is a 
health emergency, in which case the Stop Purchase Order may take effect 
immediately.
    B. Freedom of Information from Suppliers/Wholesalers. Operators 
shall in their purchase of stock and in their business relations with 
suppliers and wholesalers cooperate with and assist in the free flow of 
information and data to the Commission from suppliers and wholesalers 
relating to the sales and business arrangements between suppliers and 
Operators. The Commission may, at its discretion, require the receipts 
from the suppliers of all invoices, bills of lading, billings or 
documentary receipts of sales to the Operators. All records shall be 
kept according to Section 7-402. G. of this Act.
    Section 7-402. Sales by Retail Operators; Wholesalers/Operators 
Records.
    A. Commission Regulations. The Commission shall adopt regulations 
that shall supplement this Act and facilitate their enforcement. These 
regulations shall include prohibitions on sales to minors, where liquor 
and/or beer may be consumed, persons not allowed to purchase liquor 
and/or beer, hours and days when outlets may be open for business and 
any other appropriate matters and controls.
    B. Sales to Minors. No person shall give, sell or otherwise supply 
any liquor and/or beer to any person under the age of twenty-one (21) 
years of age either for his or her own use or for the use of any other 
person.
    C. Consumption of Liquor and/or Beer upon Licensed Premises. No 
Operator shall permit any person to open or consume liquor and/or beer 
on his/her premises and in his/her control unless the Commission allows 
the consumption of liquor and/or beer and identifies where liquor and/
or beer may be consumed on Muscogee (Creek) Indian Country as defined 
by Federal law.

D. Conduct on Licensed Premises.

    1. No Operator shall be disorderly, boisterous or intoxicated on 
the licensed premises or any public premises adjacent thereto which are 
under his/her control, nor shall he/she permit disorderly, boisterous 
or intoxicated person to be thereon; nor shall he/she use or allow the 
use of profane or vulgar language thereon.
    2. No Operator shall permit suggestive, lewd or obscene conduct or 
acts on his/her premises. For the purpose of this section, suggestive, 
lewd or obscene conduct or acts shall be those conduct or acts 
identified as such by Federal, State of Oklahoma and/or the laws of the 
Nation.
    E. Employment of Minors. No person under the age of twenty-one (21) 
years of age shall be employed in any service in connection with the 
sale or handling of liquor or beer, either on a paid or voluntary 
basis.
    F. Operator's Premises Open to Commission Inspection. The premises 
of all Operators, including vehicles used in connection with liquor 
and/or beer sales, shall be open during business

[[Page 15001]]

hours and at all reasonable times to inspection by the Commission.
    G. Wholesaler's/Operator's Records. The originals or copies of all 
sales slips, invoices and other memoranda covering all purchases of 
liquor and/or beer by the Operator or Wholesaler shall be kept on file 
in the retail premises of the Operator or Wholesaler purchasing the 
sales at least five (5) years after each purchase and shall be filed 
separately and kept apart from all other records, and as nearly as 
possible, shall be filed in consecutive order and each month's records 
kept separate so as to render the same readily available for inspection 
and checking. All cancelled checks, bank statements, and books of 
accounting, covering and involving the purchase of liquor and/or beer 
and all memoranda, if any, showing payment of money for liquor and/or 
beer other than by check shall be likewise preserved for availability 
for inspection and checking.
    H. Records Confidential. All records of the Commission showing the 
purchase of liquor by any individual or group shall be confidential and 
shall not be inspected except by members of the Commission or the 
Nation's Attorney General's Office.
    Section 7-403. Transportation Through Muscogee (Creek) Nation 
Indian Country Not Affected. Nothing herein shall pertain to the 
otherwise lawful transportation of liquor and/or beer through the 
Muscogee (Creek) Nation Indian Country as defined by Federal law by 
persons remaining upon public roads and highways and where such 
beverages are not delivered, sold or offered for sale to anyone within 
the Muscogee (Creek) Nation Indian Country as defined by Federal law.
Subchapter 5. Taxation and Audits
    Section 7-501. Excise Tax Imposed Upon Distribution of Liquor and/
or Beer and Use of Such Tax.
    A. General Taxation Authority. The Commission shall have the 
authority to assess and collect tax on the sale of liquor and/or beer 
products to the purchaser or consumer. This tax shall be collected and 
paid to the Commission upon all liquor and/or beer products sold within 
the jurisdiction of the Nation. The Nation does hereby establish such a 
rate of six percent (6%) and may establish differing rates for any 
given class of merchandise, which shall be paid prior to the time of 
retail sale and delivery thereof.
    B. Added to Retail Price. An excise tax to be set by the Muscogee 
(Creek) Nation on the wholesale price shall be added to the retail 
selling price of liquor and/or beer products to be sold to the ultimate 
consumer or purchaser in the amount of six percent (6%). All taxes paid 
pursuant to this Act shall be conclusively presumed to be direct taxes 
on the retail consumer pre-collected for the purpose of convenience and 
facility.
    C. Tax Stamp. Within seventy-two (72) hours after receipt of any 
liquor and/or beer products by any wholesaler or retailer subject to 
this Act, a Muscogee (Creek) Nation tax stamp shall be securely affixed 
thereto denoting the Muscogee (Creek) Nation tax thereon. Retailers or 
sellers of liquor and/or beer products within the Nation's jurisdiction 
may buy and sell or have in their possession only liquor and/or beer 
products which have the Muscogee (Creek) Nation tax stamp affixed to 
each package.
    D. Use of Tax Revenue. Of the 6% excise tax imposed and levied 
hereunder, 1% shall be earmarked for expenditure on the establishment 
and maintenance of drug and alcohol prevention and treatment programs 
within the jurisdictional boundaries of the Muscogee (Creek) Nation, 1% 
shall be deposited in the Nation's Capital Improvements Fund Account; 
and the remaining 4% shall be transferred to the Muscogee (Creek) 
Nation Controller for deposit in to the General Fund and shall be 
available for appropriation by the National Council for essential 
government functions and/or services.
    Section 7-502. Audits and Inspections.
    A. Inspections. All of the books and other business records of the 
Outlet shall be available for inspection and audit by the Commission or 
its authorized representative during normal business hours and at all 
other reasonable times, as may be requested by the Commission.
    B. Bond for Excise Tax. The excise tax together with reports on 
forms to be supplied by the Commission shall be remitted to the 
Commission on a monthly basis unless otherwise specified in writing by 
the Commission. The Operator shall furnish a satisfactory bond to the 
Commission in an amount to be specified by the Commission guaranteeing 
his or her payment of excise taxes.
Subchapter 6. Liability, Insurance and Sovereign Immunity
    Section 7-601. Liability for Bills. The Muscogee (Creek) Nation and 
the Commission shall have no legal responsibility for any unpaid bills 
owed by a Liquor and/or Beer Outlet to a wholesaler, supplier, or any 
other person.
    Section 7-602. Muscogee (Creek) Nation Liability and Credit.
    A. Liability. Unless explicitly authorized by Muscogee (Creek) 
Nation statute or regulation, Operators are forbidden to represent or 
give the impression to any supplier or person with whom he or she does 
business that he or she is an official representative of the Nation or 
the Commission authorized to pledge Muscogee (Creek) Nation credit or 
financial responsibility for any of the expenses of his or her business 
operation. The Operator shall hold the Nation harmless from all claims 
and liability of whatever nature. The Commission shall revoke an 
Operator's outlet license(s) if said outlet(s) is not operated in a 
businesslike manner or if it does not remain financially solvent or 
does not pay its operating expenses and bills before they become 
delinquent.
    B. Insurance. The Operator shall maintain at his or her own expense 
adequate insurance covering liability, fire, theft, vandalism and other 
insurable risks. The Commission may establish as a condition of any 
license, the required insurance limits and any additional coverage 
deemed advisable, proof of which shall be filed with the Commission.
    Section 7-603. Sovereign Immunity. Nothing in this Act shall be 
construed as a waiver or a limitation of the sovereign immunity of the 
Muscogee (Creek) Nation or its agencies, nor their officers or 
employees. To the fullest extent possible, the Muscogee (Creek) Nation 
expressly retains its sovereign immunity for the purposes of enactment 
of this Act.
Subchapter 7. Enforcement
    Section 7-701. Violations and Penalties. Any person who violates 
this Act or elicits, encourages, directs, or causes to be violated this 
Act, or Acts in support of this Act, or regulations of the Commission 
shall be guilty of an offense and subject to fine. Failure to have a 
current, valid or proper license shall not constitute a defense to an 
alleged violation of the licensing laws and/or regulations. The 
judicial system of the Muscogee (Creek) Nation shall have exclusive 
jurisdiction over said proceeding(s).
    A. Any Indian person convicted of committing any violation of this 
Act shall be subject to punishment of up to one (1) year imprisonment 
and/or a fine not to exceed Five Thousand Dollars ($5,000).
    B. Additionally, any person upon committing any violation of any 
provision of this Act may be subject to civil action for trespass and 
upon having been determined by the Muscogee (Creek) Nation District 
Court

[[Page 15002]]

to have committed said violation, shall be found to have trespassed 
upon the lands of the Nation and shall be assessed such damages as the 
Muscogee (Creek) Nation District Court system deems appropriate in the 
circumstances.
    C. Any person suspected or having violated any provision of this 
Act shall, in addition to any other penalty imposed hereunder, be 
required to surrender any liquor and/or beer products in the person's 
possession to the officer making the complaint. The surrendered 
beverages, if previously unopened, shall only be returned upon a 
finding by the Muscogee (Creek) Nation District Court, after trial or 
proper judicial proceeding, that the individual committed no violation 
of this Act.
    D. Any Operator who violates the provisions set forth herein shall 
forfeit all of the remaining stock in the outlet(s). The Commission 
shall be empowered to seize forfeited products.
    E. Any stock, goods or other items subject to this Act that have 
not been registered, licensed or taxes paid shall be contraband and 
subject to immediate confiscation by the Commission or its employees or 
agents; provided that within fifteen (15) days of the seizure the 
Commission shall cause to be filed an action against such property 
alleging the reason for the seizure or confiscation and upon proof, the 
Muscogee (Creek) Nation District Court shall order the property 
forfeited and vested with the Nation.
    SECTION TWO. REPEALER. Any and all previous liquor and beer Acts of 
the Muscogee (Creek) Nation are hereby repealed, any Acts in direct 
conflict with this Act are hereby impliedly repealed, and this Act 
shall have the full force and effect as Muscogee (Creek) Nation.
    SECTION THREE. EFFECTIVE DATE. This Act shall become effective upon 
publication by the United States Department of the Interior's 
certification notice in the Federal Register.

[FR Doc. E8-5627 Filed 3-19-08; 8:45 am]
BILLING CODE 4310-4J-P