Cherokee Nation Limited Mixed Beverage Sales Act, 50233-50235 [E9-23542]
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
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Evaluate whether the proposed data
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e.g., permitting electronic submission of
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Larry Gray,
Director, Records Management Division,
Office of Management, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. E9–23520 Filed 9–29–09; 8:45 am]
BILLING CODE 9111–78–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Cherokee Nation Limited Mixed
Beverage Sales Act
AGENCY:
Interior.
ACTION: Notice.
This notice publishes the
legislation passed by the Cherokee
Nation amending Cherokee Nation
Legislative Act # 09–04 that regulates
and controls the possession, sale, and
consumption of liquor within the tribal
lands. The tribal lands are located in
Indian country and this enactment
allows for possession and sale of
alcoholic beverages within their
boundaries. This law 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 October 30, 2009.
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14:56 Sep 29, 2009
Jkt 217001
Pursuant
to the Act of August 15, 1953, Public
Law 83–277, 67 Stat. 586, 18 U.S.C.
1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713
(1983), the Secretary of the Interior shall
certify and publish in the Federal
Register notice of adopted liquor
ordinances for the purpose of regulating
liquor transactions in Indian country.
The governing body of the Cherokee
Nation passed the Limited Mixed
Beverage Sales Act on July 14, 2008.
This enactment amends the Cherokee
Nation’s alcohol control laws last
published in the Federal Register June
28, 2004. The purpose of this
amendment is to authorize the Cherokee
Nation’s limited liability company or
other person to apply for a license to
establish liquor retail sales at various
locations within tribal lands of the
Tribe.
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 this Limited Mixed Beverage
Sales Act—Legislative Act #41–03 was
enacted by the legislative body of the
Cherokee Nation on July 14, 2008.
SUPPLEMENTARY INFORMATION:
Dated: September 21, 2009.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
Bureau of Indian Affairs,
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Charles Head, Tribal Government
Services Officer, Eastern Oklahoma
Regional Office, PO Box 8002,
Muskogee, OK 74402–8002, Telephone:
(918) 781–4685, Fax (918) 781–4649; or
Elizabeth Colliflower, Office of Indian
Services, 1849 C Street, NW., Mail Stop
4513–MIB, Washington, DC 20240,
Telephone: (202) 513–7640.
The Limited Mixed Beverage Sales
Act of the Cherokee Nation reads as
follows:
Legislative Act 13–08
A Legislative Act Amending the
Cherokee Nation Limited Mixed
Beverage Sales Act—Legislative Act
#41–03, as Amended by Legislative Act
#09–04
Be It Enacted by the Cherokee Nation:
Title and Codification:
This Act shall be known as the 2008
Technical Amendment to The Cherokee
Nation Limited Mixed Beverage Sales
Act and codified as ____ (Title) ____
(Section) ____ of the Cherokee Nation
Code Annotated. The Cherokee Nation
Limited Mixed Beverage Sales Act is
hereby amended to read as follows:
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Fmt 4703
Sfmt 4703
50233
Section 1. Title and Codification
This Act shall be known as The
Cherokee Nation Limited Mixed
Beverage Sales Act and codified as
__________ (Title) _________ (Section)
___________ of the Cherokee Nation
Code Annotated.
Section 2. Authority
This legislation is enacted by the
authority of the Cherokee Nation Tribal
Council under Article V, Section 7 of
the Constitution of the Cherokee Nation
and the Federal Act of August 15, 1953,
67 Stat. 586, codified at 18 U.S.C.
Section 1161.
Section 3. Purpose
This Act authorizes the Board of
Directors of Cherokee Nation
Enterprises, LLC (‘‘CNE’’), a limited
liability company wholly owned by the
Cherokee Nation, or other person
approved by CNE, to apply for a license
from the Tax Commission to establish
retail liquor sales at designated
locations within hotel, restaurant,
entertainment and/or gaming operations
located on trust land. The purpose of
this Act is to regulate and control the
possession and sale of liquor on trust
land. This enactment will increase the
ability of the Cherokee Nation to control
the sale, distribution and possession of
liquor at limited and designated areas
on tribal trust land.
Section 4. Application of 18 U.S.C.
Section 1161
Federal law requires that any Indian
tribal authorization for the sale of liquor
or other alcoholic beverages must be in
conformity with the laws of the State
and approved by an ordinance duly
adopted by the tribe having jurisdiction
over such area of Indian country. All
acts and transactions under this law of
the Cherokee Nation shall be in
conformity with federal law and with
the laws of the State of Oklahoma as
applicable.
Section 5. Effective Date
This Act shall be effective on the date
of certification by the Secretary of the
Interior or designee, or the date of its
publication in the Federal Register,
whichever is later.
Section 6. Definitions
As used in this Act, the following
words shall have the following
meanings unless the context clearly
requires otherwise:
(a) ‘‘Alcohol’’ means the substance
known as ethyl alcohol, hydrated oxide
of ethyl, ethanol, or spirits of wine, from
whatever source or by whatever process
produced.
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30SEN1
50234
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
(b) ‘‘Alcoholic Beverage’’ is
synonymous with the term ‘‘liquor’’ as
defined in this Chapter.
(c) ‘‘Board of Directors’’ means the
Board of Directors of Cherokee Nation
Enterprises, LLC
(d) ‘‘CNE’’ means Cherokee Nation
Enterprises, LLC
(e) ‘‘Liquor’’ includes mixed
beverages and all fermented, spirituous,
vinous, or malt liquor or combinations
thereof, and mixed liquor, a part of
which is fermented, and every liquid or
solid or semisolid or other substance,
patented or not, containing distilled or
rectified spirits, potable alcohol, beer,
wine, brandy, whiskey, rum, gin,
aromatic bitters, and all drinks or
drinkable liquids and all preparations or
mixtures capable of human
consumption and any liquid, semisolid,
solid, or other substances, which
contains more than one half of one
percent of alcohol.
(f) ‘‘Sale’’ or ‘‘Sell’’ includes
exchange, barter and traffic; and also
includes the selling or supplying or
distribution, by any means whatsoever,
of liquor.
(g) ‘‘Tax Commission’’ means the
Cherokee Nation Tax Commission.
(h) ‘‘Trust Land’’ means those lands
that are held in trust by the United
States for the Cherokee Nation and not
for any individual Indian.
Section 7. Powers of Enforcement
The Tax Commission. In furtherance
of this Act, the Tax Commission shall
have the power to:
(a) Issue licenses pursuant to Section
8 of this Act;
(b) collect the excise tax specified in
Section 9 of this Act;
(c) publish and enforce rules and
regulations adopted by the Tax
Commission governing the sale,
consumption and possession of
alcoholic beverages;
(d) establish procedure for conducting
hearings related to licensing; and
(e) take all necessary steps to enforce
sections 8 and 9 of this Act, including
the collection of fees, taxes and damages
related thereto.
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Section 8. Sales of Liquor
A. License Required. Sales of liquor
and alcoholic beverages may only be
made by CNE, or other person approved
by CNE, under a license issued by the
Tax Commission.
B. Identification. When requested by
the provider of liquor, any person
asking to purchase liquor or being
served in a group shall be required to
present official documentation bearing
the holder’s age, signature and
photograph before being served. Official
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14:56 Sep 29, 2009
Jkt 217001
documentation includes one of the
following:
(1) Driver’s license or identification
card issued by any state department of
motor vehicles or foreign nation;
(2) United States Military
identification;
(3) Official Passport issued by any
nation and accepted by the United
States Department of State for entry into
the United States.
Section 9. Taxes
Excise Tax: In lieu of any otherwise
applicable tribal sales tax on the retail
sale of liquor for alcoholic beverages,
there shall be an excise tax in the
amount of two percent (2%) of the retail
sales price, to be collected by the Tax
Commission. These revenues shall be
used to promote mental health and
related issues associated with substance
abuse and shall be reserved for
expenditure as provided for in the
annual budget by the Cherokee Nation
Health Service. The Board of Directors
shall be entitled to make
recommendation as to how these
revenues are expended.
Section 10. Rules, Regulations, and
Enforcement
A. Sales Without License. Any person
who shall sell or offer for sale, distribute
or transport, in any manner, liquor in
violation of this Act, or who shall
operate or shall have liquor for sale in
his possession without a license, shall
be guilty of a violation of this Act
subjecting him or her to prosecution for
a crime.
B. Sale for Personal Consumption. All
sales shall be for the personal
consumption of the purchaser or
persons in a group. Resale of any
alcoholic beverage is prohibited. Any
person not licensed pursuant to this Act
who purchases an alcoholic beverage
and sells it, whether in the original
container or not, shall be guilty of a
crime.
C. Illegal Purchases. Any person who
buys liquor from any person other than
a properly licensed facility shall be
guilty of a violation of this Act,
subjecting him or her to prosecution for
a crime.
D. Minors. No person under the age of
21 years shall consume, acquire or have
in his possession any liquor or alcoholic
beverage. No person shall permit any
other person under the age of 21 to
consume liquor on his premises or any
premises under his control except in
those situations set out in this section.
Any person violating this section shall
be guilty of a violation of this Act,
subjecting him or her to prosecution for
a crime.
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E. Sales to Minors. Any person who
shall sell or provide any liquor to any
person under the age of 21 years shall
be guilty of a crime.
F. Sales to Intoxicated Persons. Any
person who shall sell or provide any
alcoholic beverage to an individual who
is intoxicated, or appears intoxicated,
shall be guilty of a crime.
G. False Identification. Any person
who transfers in any manner an
identification of age to a person under
the age of 21 years for the purpose of
permitting such person to obtain liquor
or any alcoholic beverage shall be in
violation of this Act, subjecting him or
her to prosecution for a crime.
H. Using False Identification. Any
person who attempts to purchase liquor
or any alcoholic beverage through the
use of false or altered identification
which falsely purports to show the
individual to be over the age of 21 years
shall be guilty of violating this Act,
subjecting him or her to prosecution for
a crime.
I. Punishment. Any person found
guilty of a crime under this section may
be punished by imprisonment for up to
one (1) year and/or fined up to $500.00
for each violation.
J. Contraband Liquor. Any liquor,
possessed contrary to the terms of this
Act, whether for personal consumption,
hospitality, sale, or otherwise, is
declared to be contraband. Any tribal
law enforcement officer who is
authorized to enforce this section shall
seize all contraband and preserve it in
accordance with the provisions
established for the preservation of
impounded property.
K. Forfeiture. Upon being found in
violation of this Act, the party shall
forfeit all right, title and interest in the
items seized which shall become the
property of the Cherokee Nation.
Section 11. Severability and Effective
Date
If any provision or application of this
Act is determined by 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.
Enacted by the Council of the
Cherokee Nation on the 14th day of July,
2008.
/s/ Meredith A. Frailey
Meredith A. Frailey,
Speaker, Council of the Cherokee Nation.
Attest:
/s/ Don Garvin
Don Garvin,
Secretary, Council of the Cherokee Nation.
Approved and signed by the Principal
Chief this 21st day of July, 2008.
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Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices
/s/ Chadwick Smith
Chadwick Smith,
Principal Chief, Cherokee Nation.
Attest:
/s/ Melanie Knight
Melanie Knight,
Secretary of State, Cherokee Nation.
Yeas and Nays as Recorded:
Tina Glory Jordan ............................
Bill John Baker .................................
Joe Crittenden ..................................
Jodie Fishinghawk ...........................
Janelle Lattimore Fullbright ............
David W. Thornton, Sr. ...................
Don Garvin .......................................
Harley L. Buzzard ............................
Curtis G. Snell .................................
Meredith A. Frailey .........................
Chris Soap ........................................
Cara Cowan Watts ...........................
Buel Anglen .....................................
Bradley Cobb ....................................
Charles Hoskin, Jr. ...........................
Julia Coates ......................................
Jack D. Baker ....................................
In-Person Drop-off: You may drop off
comments during regular business hours
at the above address or at the Lee
Metcalf National Wildlife Refuge office
located in Stevensville, Montana, at
4567 Wildfowl Lane.
FOR FURTHER INFORMATION CONTACT:
Laura King, 406–644–2211, extension
210 (phone); or Michael Spratt, Chief,
Division of Planning, P.O. Box 25486,
Denver Federal Center, Denver, CO
80225.
SUPPLEMENTARY INFORMATION:
Yea
Yea
Nay
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
Yea
[FR Doc. E9–23542 Filed 9–29–09; 8:45 am]
BILLING CODE 4310–4J–P
DEPARTMENT OF THE INTERIOR
Background
Fish and Wildlife Service
[FWS–R6–R–2009–N181;60138–1265–
6CCP–S3]
Lee Metcalf National Wildlife Refuge,
Stevensville, MT
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AGENCY: Fish and Wildlife Service,
Interior.
ACTION: Notice of intent.
SUMMARY: We, the U.S. Fish and
Wildlife Service (Service), intend to
gather information necessary to prepare
a comprehensive conservation plan
(CCP) and associated environmental
documents for Lee Metcalf National
Wildlife Refuge (NWR) in Stevensville,
Montana. We furnish this notice in
compliance with Service CCP policy to
advise other agencies and the public of
our intentions and to obtain suggestions
and information on the scope of issues
to consider in the planning process.
DATES: To ensure consideration, please
send your written comments by
November 13, 2009.
ADDRESSES: Send your comments or
requests for more information by any of
the following methods.
E-mail: leemetcalf@fws.gov. Include
‘‘Lee Metcalf CCP’’ in the subject line of
the message.
Fax: Laura King, Planning Team
Leader, 406–644–2661.
U.S. Mail: Laura King, Planning Team
Leader, National Bison Range, Division
of Refuge Planning, 58355 Bison Range
Road, Moiese, MT 59824.
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14:56 Sep 29, 2009
Jkt 217001
Introduction
With this notice, we initiate our
process for developing a CCP for Lee
Metcalf NWR for the conservation and
enhancement of its natural resources.
This notice complies with our CCP
policy to (1) Advise other Federal and
State agencies, tribes, and the public of
our intention to conduct detailed
planning on this refuge and (2) obtain
suggestions and information on the
scope of issues to consider in the
environmental document and during
development of the CCP.
The CCP Process
The National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee) (Administration Act), as
amended by the National Wildlife
Refuge System Improvement Act of
1997, requires us to develop a CCP for
each national wildlife refuge. The
purpose for developing a CCP is to
provide refuge managers with a 15-year
plan for achieving refuge purposes and
contributing toward the mission of the
National Wildlife Refuge System,
consistent with sound principles of fish
and wildlife management, conservation,
legal mandates, and our policies. In
addition to outlining broad management
direction on conserving wildlife and
their habitats, CCPs identify wildlifedependent recreational opportunities
available to the public, including
opportunities for hunting, fishing,
wildlife observation and photography,
and environmental education and
interpretation. We will review and
update the CCP at least every 15 years
in accordance with the Administration
Act.
Each unit of the National Wildlife
Refuge System was established for
specific purposes. We use these
purposes as the foundation for
developing and prioritizing the
management goals and objectives for
each refuge within the National Wildlife
Refuge System mission, and to
determine how the public can use each
refuge. The planning process is a way
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50235
for us and the public to evaluate
management goals and objectives that
will ensure the best possible approach
to wildlife, plant, and habitat
conservation, while providing for
wildlife-dependent recreation
opportunities that are compatible with
each refuge’s establishing purposes and
the mission of the National Wildlife
Refuge System.
Our CCP process provides
participation opportunities for tribal,
State, and local governments; agencies;
organizations; and the public. At this
time we encourage input in the form of
issues, concerns, ideas, and suggestions
for the future management of Lee
Metcalf NWR.
We will conduct the environmental
review of this project and develop
environmental documents in
accordance with the requirements of the
National Environmental Policy Act of
1969, as amended (NEPA) (42 U.S.C.
4321 et seq.); NEPA regulations (40 CFR
parts 1500–1508); other appropriate
Federal laws and regulations; and our
policies and procedures for compliance
with those laws and regulations.
Lee Metcalf National Wildlife Refuge
This Refuge was established in 1963
and has two purposes:
(1) ‘‘For use as an inviolate sanctuary,
or for any other management purpose,
for migratory birds’’ (Migratory Bird
Conservation Act); and
(2) ‘‘for (a) incidental fish and wildlife
oriented recreational development, (b)
the protection of natural resources,
[and] (c) the conservation of endangered
species or threatened species’’ (Refuge
Recreation Act).
This Refuge is located in Ravalli
County, 2 miles north of Stevensville,
Montana. The Refuge is one of the
Nation’s smaller refuges, encompassing
2,800 acres, but it is one of the few
remaining undeveloped areas in the
Bitterroot Valley. The Refuge lies along
the meandering Bitterroot River and is
comprised of wet meadow and forested
habitats and has created and modified
wetlands. This Refuge provides
numerous opportunities for the public,
including walking trails and an outdoor
classroom for students and visitors. The
Refuge provides habitat for raptors,
including ospreys and numerous
waterfowl species.
Scoping: Preliminary Issues, Concerns,
and Opportunities
We have identified preliminary
issues, concerns, and opportunities that
we may address in the CCP. During
public scoping, we may identify
additional issues.
E:\FR\FM\30SEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50233-50235]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23542]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Cherokee Nation Limited Mixed Beverage Sales Act
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice publishes the legislation passed by the Cherokee
Nation amending Cherokee Nation Legislative Act 09-04 that
regulates and controls the possession, sale, and consumption of liquor
within the tribal lands. The tribal lands are located in Indian country
and this enactment allows for possession and sale of alcoholic
beverages within their boundaries. This law 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 October 30, 2009.
FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government
Services Officer, Eastern Oklahoma Regional Office, PO Box 8002,
Muskogee, OK 74402-8002, Telephone: (918) 781-4685, Fax (918) 781-4649;
or Elizabeth Colliflower, Office of Indian Services, 1849 C Street,
NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 513-
7640.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953,
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of
the Interior shall certify and publish in the Federal Register notice
of adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The governing body of the Cherokee
Nation passed the Limited Mixed Beverage Sales Act on July 14, 2008.
This enactment amends the Cherokee Nation's alcohol control laws last
published in the Federal Register June 28, 2004. The purpose of this
amendment is to authorize the Cherokee Nation's limited liability
company or other person to apply for a license to establish liquor
retail sales at various locations within tribal lands of the Tribe.
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 this Limited Mixed Beverage Sales Act--
Legislative Act 41-03 was enacted by the legislative body of
the Cherokee Nation on July 14, 2008.
Dated: September 21, 2009.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
The Limited Mixed Beverage Sales Act of the Cherokee Nation reads
as follows:
Legislative Act 13-08
A Legislative Act Amending the Cherokee Nation Limited Mixed Beverage
Sales Act--Legislative Act 41-03, as Amended by Legislative
Act 09-04
Be It Enacted by the Cherokee Nation:
Title and Codification:
This Act shall be known as the 2008 Technical Amendment to The
Cherokee Nation Limited Mixed Beverage Sales Act and codified as ------
-- (Title) -------- (Section) -------- of the Cherokee Nation Code
Annotated. The Cherokee Nation Limited Mixed Beverage Sales Act is
hereby amended to read as follows:
Section 1. Title and Codification
This Act shall be known as The Cherokee Nation Limited Mixed
Beverage Sales Act and codified as -------------------- (Title) ------
------------ (Section) ---------------------- of the Cherokee Nation
Code Annotated.
Section 2. Authority
This legislation is enacted by the authority of the Cherokee Nation
Tribal Council under Article V, Section 7 of the Constitution of the
Cherokee Nation and the Federal Act of August 15, 1953, 67 Stat. 586,
codified at 18 U.S.C. Section 1161.
Section 3. Purpose
This Act authorizes the Board of Directors of Cherokee Nation
Enterprises, LLC (``CNE''), a limited liability company wholly owned by
the Cherokee Nation, or other person approved by CNE, to apply for a
license from the Tax Commission to establish retail liquor sales at
designated locations within hotel, restaurant, entertainment and/or
gaming operations located on trust land. The purpose of this Act is to
regulate and control the possession and sale of liquor on trust land.
This enactment will increase the ability of the Cherokee Nation to
control the sale, distribution and possession of liquor at limited and
designated areas on tribal trust land.
Section 4. Application of 18 U.S.C. Section 1161
Federal law requires that any Indian tribal authorization for the
sale of liquor or other alcoholic beverages must be in conformity with
the laws of the State and approved by an ordinance duly adopted by the
tribe having jurisdiction over such area of Indian country. All acts
and transactions under this law of the Cherokee Nation shall be in
conformity with federal law and with the laws of the State of Oklahoma
as applicable.
Section 5. Effective Date
This Act shall be effective on the date of certification by the
Secretary of the Interior or designee, or the date of its publication
in the Federal Register, whichever is later.
Section 6. Definitions
As used in this Act, the following words shall have the following
meanings unless the context clearly requires otherwise:
(a) ``Alcohol'' means the substance known as ethyl alcohol,
hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever
source or by whatever process produced.
[[Page 50234]]
(b) ``Alcoholic Beverage'' is synonymous with the term ``liquor''
as defined in this Chapter.
(c) ``Board of Directors'' means the Board of Directors of Cherokee
Nation Enterprises, LLC
(d) ``CNE'' means Cherokee Nation Enterprises, LLC
(e) ``Liquor'' includes mixed beverages and all fermented,
spirituous, vinous, or malt liquor or combinations thereof, and mixed
liquor, a part of which is fermented, and every liquid or solid or
semisolid or other substance, patented or not, containing distilled or
rectified spirits, potable alcohol, beer, wine, brandy, whiskey, rum,
gin, aromatic bitters, and all drinks or drinkable liquids and all
preparations or mixtures capable of human consumption and any liquid,
semisolid, solid, or other substances, which contains more than one
half of one percent of alcohol.
(f) ``Sale'' or ``Sell'' includes exchange, barter and traffic; and
also includes the selling or supplying or distribution, by any means
whatsoever, of liquor.
(g) ``Tax Commission'' means the Cherokee Nation Tax Commission.
(h) ``Trust Land'' means those lands that are held in trust by the
United States for the Cherokee Nation and not for any individual
Indian.
Section 7. Powers of Enforcement
The Tax Commission. In furtherance of this Act, the Tax Commission
shall have the power to:
(a) Issue licenses pursuant to Section 8 of this Act;
(b) collect the excise tax specified in Section 9 of this Act;
(c) publish and enforce rules and regulations adopted by the Tax
Commission governing the sale, consumption and possession of alcoholic
beverages;
(d) establish procedure for conducting hearings related to
licensing; and
(e) take all necessary steps to enforce sections 8 and 9 of this
Act, including the collection of fees, taxes and damages related
thereto.
Section 8. Sales of Liquor
A. License Required. Sales of liquor and alcoholic beverages may
only be made by CNE, or other person approved by CNE, under a license
issued by the Tax Commission.
B. Identification. When requested by the provider of liquor, any
person asking to purchase liquor or being served in a group shall be
required to present official documentation bearing the holder's age,
signature and photograph before being served. Official documentation
includes one of the following:
(1) Driver's license or identification card issued by any state
department of motor vehicles or foreign nation;
(2) United States Military identification;
(3) Official Passport issued by any nation and accepted by the
United States Department of State for entry into the United States.
Section 9. Taxes
Excise Tax: In lieu of any otherwise applicable tribal sales tax on
the retail sale of liquor for alcoholic beverages, there shall be an
excise tax in the amount of two percent (2%) of the retail sales price,
to be collected by the Tax Commission. These revenues shall be used to
promote mental health and related issues associated with substance
abuse and shall be reserved for expenditure as provided for in the
annual budget by the Cherokee Nation Health Service. The Board of
Directors shall be entitled to make recommendation as to how these
revenues are expended.
Section 10. Rules, Regulations, and Enforcement
A. Sales Without License. Any person who shall sell or offer for
sale, distribute or transport, in any manner, liquor in violation of
this Act, or who shall operate or shall have liquor for sale in his
possession without a license, shall be guilty of a violation of this
Act subjecting him or her to prosecution for a crime.
B. Sale for Personal Consumption. All sales shall be for the
personal consumption of the purchaser or persons in a group. Resale of
any alcoholic beverage is prohibited. Any person not licensed pursuant
to this Act who purchases an alcoholic beverage and sells it, whether
in the original container or not, shall be guilty of a crime.
C. Illegal Purchases. Any person who buys liquor from any person
other than a properly licensed facility shall be guilty of a violation
of this Act, subjecting him or her to prosecution for a crime.
D. Minors. No person under the age of 21 years shall consume,
acquire or have in his possession any liquor or alcoholic beverage. No
person shall permit any other person under the age of 21 to consume
liquor on his premises or any premises under his control except in
those situations set out in this section. Any person violating this
section shall be guilty of a violation of this Act, subjecting him or
her to prosecution for a crime.
E. Sales to Minors. Any person who shall sell or provide any liquor
to any person under the age of 21 years shall be guilty of a crime.
F. Sales to Intoxicated Persons. Any person who shall sell or
provide any alcoholic beverage to an individual who is intoxicated, or
appears intoxicated, shall be guilty of a crime.
G. False Identification. Any person who transfers in any manner an
identification of age to a person under the age of 21 years for the
purpose of permitting such person to obtain liquor or any alcoholic
beverage shall be in violation of this Act, subjecting him or her to
prosecution for a crime.
H. Using False Identification. Any person who attempts to purchase
liquor or any alcoholic beverage through the use of false or altered
identification which falsely purports to show the individual to be over
the age of 21 years shall be guilty of violating this Act, subjecting
him or her to prosecution for a crime.
I. Punishment. Any person found guilty of a crime under this
section may be punished by imprisonment for up to one (1) year and/or
fined up to $500.00 for each violation.
J. Contraband Liquor. Any liquor, possessed contrary to the terms
of this Act, whether for personal consumption, hospitality, sale, or
otherwise, is declared to be contraband. Any tribal law enforcement
officer who is authorized to enforce this section shall seize all
contraband and preserve it in accordance with the provisions
established for the preservation of impounded property.
K. Forfeiture. Upon being found in violation of this Act, the party
shall forfeit all right, title and interest in the items seized which
shall become the property of the Cherokee Nation.
Section 11. Severability and Effective Date
If any provision or application of this Act is determined by 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.
Enacted by the Council of the Cherokee Nation on the 14th day of
July, 2008.
/s/ Meredith A. Frailey
Meredith A. Frailey,
Speaker, Council of the Cherokee Nation.
Attest:
/s/ Don Garvin
Don Garvin,
Secretary, Council of the Cherokee Nation.
Approved and signed by the Principal Chief this 21st day of
July, 2008.
[[Page 50235]]
/s/ Chadwick Smith
Chadwick Smith,
Principal Chief, Cherokee Nation.
Attest:
/s/ Melanie Knight
Melanie Knight,
Secretary of State, Cherokee Nation.
Yeas and Nays as Recorded:
Tina Glory Jordan......................... Yea
Bill John Baker........................... Yea
Joe Crittenden............................ Nay
Jodie Fishinghawk......................... Yea
Janelle Lattimore Fullbright.............. Yea
David W. Thornton, Sr..................... Yea
Don Garvin................................ Yea
Harley L. Buzzard......................... Yea
Curtis G. Snell........................... Yea
Meredith A. Frailey....................... Yea
Chris Soap................................ Yea
Cara Cowan Watts.......................... Yea
Buel Anglen............................... Yea
Bradley Cobb.............................. Yea
Charles Hoskin, Jr........................ Yea
Julia Coates.............................. Yea
Jack D. Baker............................. Yea
[FR Doc. E9-23542 Filed 9-29-09; 8:45 am]
BILLING CODE 4310-4J-P
