The Chickasaw Nation; Amendments to the Beverage Control Act of 2007, and the Chickasaw Nation Code, 2175-2178 [2018-00622]
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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Notices
Dated: December 15, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary—Indian
Affairs Exercising the Authority of the
Assistant Secretary—Indian Affairs.
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/
A0A501010.999900 253G]
The Chickasaw Nation; Amendments
to the Beverage Control Act of 2007,
and the Chickasaw Nation Code
AGENCY:
Bureau of Indian Affairs,
This notice publishes
amendments to the Beverage Control
Act of 2007 and the Chickasaw Nation
Code, which was originally enacted by
the Chickasaw Tribal Legislature and
published in the Federal Register on
April 2, 2007.
DATES: These amendments shall become
applicable on February 15, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Diane Jobe, Tribal Government Services
Officer, Eastern Oklahoma Regional
Office, Bureau of Indian Affairs, 3100
West Peak Boulevard, Muskogee, OK
74402, Telephone: (918) 781–4685, Fax:
(918) 781–4649.
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 control
ordinances for the purpose of regulating
liquor transactions in Indian country.
On September 18, 2015, the Chickasaw
Tribal Legislature, by Permanent
Resolution 32–008, duly adopted
amendments to Title 3, Chapter 2, and
Title 5, Chapter 15. This Federal
Register notice comprehensively
amends and supersedes the existing
Title 3, Chapter 2 (the Beverage Control
Act of 2007), and Title 5, Chapter 15,
Article F, Section 5–1506.35, of the
Chickasaw Nation Code, which was
enacted by the Chickasaw Tribal
Legislature by Permanent Resolutions
24–001 and 24–003 on October 20,
2006, and December 15, 2006,
respectively, and published in the
Federal Register on April 2, 2007 (72 FR
15716).
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 Chickasaw Tribal
Legislature of the Chickasaw Nation,
Oklahoma, duly adopted these
amendments to Title 3, Chapter 2
(Beverage Control Act of 2007), and
Title 5, Chapter 15, of the Chickasaw
Nation Code on September 18, 2015.
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Title 3
3. Business Regulations and Licensing
Interior.
Notice.
ACTION:
SUMMARY:
Title 3, Chapter 2 (Beverage Control
Act of 2007), of the Chickasaw Nation
Code, is amended to read as follows:
Chapter 2. Alcoholic Beverage
Licensing and Regulations
Section 3–201.1 Title
Section 3–201.2 Findings
Section 3–201.3 Definitions
Section 3–201.4 Chickasaw Nation Tax
Commission Powers and Duties
Section 3–201.5 Inspection Rights
Section 3–201.6 Sales of Alcohol
Section 3–201.7 Licensing and
Application
Section 3–201.8 Taxes
Section 3–201.9 Rules, Regulations
and Enforcement
Section 3–201.10 Abatement
Section 3–201.11 Severability and
Effective Date
Section 3–201.12 Amendment and
Construction
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’’), as amended. 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;
2. it is necessary to establish legal
authority for the Chickasaw Nation, its
agents, servants, employees, and
licensees 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 Definition
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,
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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 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 or 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
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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 place
of like or similar nature to which the
general public has right to access, and
which are generally used by the public;
(PR24–003, 12/15/07)
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 § 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 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:
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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;
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 his 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 agents 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
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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 for
and receive from the Chickasaw Nation
Tax Commission a license under this
Act. A person desiring to serve
Alcoholic Beverages as defined by this
Act on Tribal Lands must apply for and
receive from the Chickasaw Nation Tax
Commission a license under this Act.
B. 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 Tax Commission. Said
applications must be filled out
completely in order to be considered.
1. Any 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
beverages as defined in this Act on
Tribal Lands. A separate application
and license will be required for each
location where the applicant intends to
Sell beverages as defined by this Act.
2. Any person 18 years of age or older,
may apply to the Chickasaw Nation Tax
Commission for a license to serve
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Alcoholic Beverages as defined in this
Act. Provided, no person under 21 years
of age may be employed in the selling
or handling of Alcoholic Beverages or
serve in designated bar or lounge areas.
C. Any person who holds a license
pursuant to Section 3–201.7(b)(1) or (2)
of this Act must at a minimum make a
showing once every two years, 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 agent 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 two (2) years 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 or
its agent 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 or its agent 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
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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.
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
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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. Except for persons possessing a
valid license to serve beverages at
designated locations as set forth in this
Act, the following prohibitions shall
apply:
1. No person under the age of twentyone (21) years shall consume or acquire
any beverages as defined in this Act;
provided, no person under the age of
twenty-one (21) years shall have in his
possession Alcoholic 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.
2. 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; provided,
nothing in this Section shall be
construed to criminalize the selling of
Low-Point Beer by persons eighteen (18)
years of age or older who (a) are
employed by a licensed retailer of LowPoint Beer; and (b) make such sale in
accordance with this Act.
3. 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.
4. Any person who attempts to
purchase beverages as defined in this
Act through the use of false or altered
identification that falsely purports to
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show the individual to be over the age
of twenty-one (21) years shall be guilty
of violating this Act.
H. 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.
I. 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.
J. 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
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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
Effective Date
Severability and
A. If any provision under this Act
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.
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
Construction
Amendment and
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.
Title 5, Chapter 15, Article F, Section
5–1506.35, of the Chickasaw Nation
Code, as amended, shall read as follows:
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Title 5
‘‘5. Courts and Procedures’’
Chapter 15
Criminal Offenses
Article F
Crimes Against Public Health, Safety,
and Welfare
Section 5–1506.35 Possession,
Purchase, and Consumption by Persons
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.
C. Nothing in this Section shall be
construed to criminalize possession of
an Alcoholic Beverage by a person who
is at least eighteen (18) years of age and
who is in possession of an Alcoholic
Beverage solely and exclusively for the
purpose of serving such Alcoholic
Beverage within the scope of a license
from the Chickasaw Nation Tax
Commission.
[FR Doc. 2018–00622 Filed 1–12–18; 8:45 am]
BILLING CODE 4337–15–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLES962000 L14400000 BJ0000 18X]
Notice of Filing of Plat Survey; Eastern
States
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
The plats of survey described
below are scheduled to be officially
filed in the Bureau of Land Management
(BLM) Eastern States Office,
Washington, DC, 30 days from the date
of this publication. The survey, at the
request of the United States Forest
Service, is necessary for the
management of these lands.
DATES: Unless there are protests of this
action, the filing of the plat described in
this notice will happen on February 15,
2018.
SUMMARY:
E:\FR\FM\16JAN1.SGM
16JAN1
Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Notices]
[Pages 2175-2178]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00622]
[[Page 2175]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
[189A2100DD/AAKC001030/A0A501010.999900 253G]
The Chickasaw Nation; Amendments to the Beverage Control Act of
2007, and the Chickasaw Nation Code
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes amendments to the Beverage Control Act
of 2007 and the Chickasaw Nation Code, which was originally enacted by
the Chickasaw Tribal Legislature and published in the Federal Register
on April 2, 2007.
DATES: These amendments shall become applicable on February 15, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Diane Jobe, Tribal Government
Services Officer, Eastern Oklahoma Regional Office, Bureau of Indian
Affairs, 3100 West Peak Boulevard, Muskogee, OK 74402, Telephone: (918)
781-4685, Fax: (918) 781-4649.
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 control ordinances for the purpose of regulating
liquor transactions in Indian country. On September 18, 2015, the
Chickasaw Tribal Legislature, by Permanent Resolution 32-008, duly
adopted amendments to Title 3, Chapter 2, and Title 5, Chapter 15. This
Federal Register notice comprehensively amends and supersedes the
existing Title 3, Chapter 2 (the Beverage Control Act of 2007), and
Title 5, Chapter 15, Article F, Section 5-1506.35, of the Chickasaw
Nation Code, which was enacted by the Chickasaw Tribal Legislature by
Permanent Resolutions 24-001 and 24-003 on October 20, 2006, and
December 15, 2006, respectively, and published in the Federal Register
on April 2, 2007 (72 FR 15716).
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 Chickasaw Tribal Legislature of the
Chickasaw Nation, Oklahoma, duly adopted these amendments to Title 3,
Chapter 2 (Beverage Control Act of 2007), and Title 5, Chapter 15, of
the Chickasaw Nation Code on September 18, 2015.
Dated: December 15, 2017.
John Tahsuda,
Principal Deputy Assistant Secretary--Indian Affairs Exercising the
Authority of the Assistant Secretary--Indian Affairs.
Title 3, Chapter 2 (Beverage Control Act of 2007), of the Chickasaw
Nation Code, is amended to read as follows:
Title 3
3. Business Regulations and Licensing
Chapter 2. Alcoholic Beverage Licensing and Regulations
Section 3-201.1 Title
Section 3-201.2 Findings
Section 3-201.3 Definitions
Section 3-201.4 Chickasaw Nation Tax Commission Powers and Duties
Section 3-201.5 Inspection Rights
Section 3-201.6 Sales of Alcohol
Section 3-201.7 Licensing and Application
Section 3-201.8 Taxes
Section 3-201.9 Rules, Regulations and Enforcement
Section 3-201.10 Abatement
Section 3-201.11 Severability and Effective Date
Section 3-201.12 Amendment and Construction
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''), as amended. 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;
2. it is necessary to establish legal authority for the Chickasaw
Nation, its agents, servants, employees, and licensees 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 Definition
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 or 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
[[Page 2176]]
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
place of like or similar nature to which the general public has right
to access, and which are generally used by the public; (PR24-003, 12/
15/07)
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 Sec. 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 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;
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 his 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 agents 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 for and receive from the Chickasaw
Nation Tax Commission a license under this Act. A person desiring to
serve Alcoholic Beverages as defined by this Act on Tribal Lands must
apply for and receive from the Chickasaw Nation Tax Commission a
license under this Act.
B. 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
Tax Commission. Said applications must be filled out completely in
order to be considered.
1. Any 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 beverages as
defined in this Act on Tribal Lands. A separate application and license
will be required for each location where the applicant intends to Sell
beverages as defined by this Act.
2. Any person 18 years of age or older, may apply to the Chickasaw
Nation Tax Commission for a license to serve
[[Page 2177]]
Alcoholic Beverages as defined in this Act. Provided, no person under
21 years of age may be employed in the selling or handling of Alcoholic
Beverages or serve in designated bar or lounge areas.
C. Any person who holds a license pursuant to Section 3-201.7(b)(1)
or (2) of this Act must at a minimum make a showing once every two
years, 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 agent 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 two (2)
years 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 or its agent 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 or its agent 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.
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. Except for persons possessing a valid license to serve beverages
at designated locations as set forth in this Act, the following
prohibitions shall apply:
1. No person under the age of twenty-one (21) years shall consume
or acquire any beverages as defined in this Act; provided, no person
under the age of twenty-one (21) years shall have in his possession
Alcoholic 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.
2. 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; provided, nothing in this Section shall be construed to
criminalize the selling of Low-Point Beer by persons eighteen (18)
years of age or older who (a) are employed by a licensed retailer of
Low-Point Beer; and (b) make such sale in accordance with this Act.
3. 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.
4. Any person who attempts to purchase beverages as defined in this
Act through the use of false or altered identification that falsely
purports to
[[Page 2178]]
show the individual to be over the age of twenty-one (21) years shall
be guilty of violating this Act.
H. 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.
I. 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.
J. 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 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.
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.
Title 5, Chapter 15, Article F, Section 5-1506.35, of the Chickasaw
Nation Code, as amended, shall read as follows:
Title 5
``5. Courts and Procedures''
Chapter 15
Criminal Offenses
Article F
Crimes Against Public Health, Safety, and Welfare
Section 5-1506.35 Possession, Purchase, and Consumption by Persons
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.
C. Nothing in this Section shall be construed to criminalize
possession of an Alcoholic Beverage by a person who is at least
eighteen (18) years of age and who is in possession of an Alcoholic
Beverage solely and exclusively for the purpose of serving such
Alcoholic Beverage within the scope of a license from the Chickasaw
Nation Tax Commission.
[FR Doc. 2018-00622 Filed 1-12-18; 8:45 am]
BILLING CODE 4337-15-P