[Federal Register: April 2, 2007 (Volume 72, Number 62)]
[Notices]
[Page 15716-15720]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap07-100]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Chickasaw Nation Liquor Control Ordinance
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: This notice publishes the Liquor Control Ordinance of the
Chickasaw Nation of Oklahoma (Tribe). The Ordinance regulates and
controls the possession, sale and consumption of liquor within the
tribal lands of the Tribe. The tribal lands are located in Indian
country and this Ordinance allows for possession and sale of alcoholic
beverages within their exterior boundaries. This Ordinance will
increase the ability of the tribal government to control the
community's liquor distribution and possession, and at the same time
will provide an important source of revenue for the continued operation
and strengthening of the tribal government and the delivery of tribal
services.
DATES: Effective Date: This Ordinance is effective on April 2, 2007.
FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government
Services Officer, Eastern Oklahoma Regional Office, 3100 W. Peak Blvd.,
Muskogee, OK 74402, Telephone: (918) 781-4685, Fax (918) 781-4649; or
Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW., Mail
Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 513-7629.
SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, Pub.
L. 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme
Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the
Interior shall certify and publish in the Federal Register notice of
adopted liquor ordinances for the purpose of regulating liquor
transactions in Indian country. The Chickasaw Tribal Legislature
(Legislature) adopted its Liquor Ordinance by Resolution No. 24-001 on
October 20, 2006, and amended it by Resolution No. 24-003 on December
15, 2006 to conform to state law. This Liquor Ordinance will be the
first published in the Federal Register for the Tribe. The purpose of
this Ordinance is to govern the sale, possession and distribution of
alcohol within tribal lands of the Tribe.
[[Page 15717]]
This notice is published in accordance with the authority delegated
by the Secretary of the Interior to the Principal Deputy Assistant
Secretary--Indian Affairs. I certify that this Liquor Control Ordinance
of the Chickasaw Nation of Oklahoma was duly adopted by the Legislature
on October 20, 2006 and properly amended on December 15, 2006.
Dated: March 22, 2007.
Michael D. Olsen,
Principal Deputy Assistant Secretary--Indian Affairs.
The Chickasaw Nation of Oklahoma Liquor Control Ordinance reads as
follows:
Chickasaw Nation of Oklahoma Liquor Control Ordinance
Section 3-201.1 Title
Be it enacted by the Tribal Legislature of the Chickasaw Nation
assembled, that this Act may be cited as the ``Beverage Control Act of
2007'' (hereinafter ``Act''). This Act is enacted by the Chickasaw
Tribal Legislature under the authority of Article VI, Section 1 and
Article VII, Section 4 of the Constitution of the Chickasaw Nation,
wherein the Legislature is required to prescribe procedures and
regulations pertaining to the Chickasaw Nation.
Section 3-201.2 Findings
The Legislature finds that:
1. It is necessary to adopt strict controls over the operation of
certain beverage sales conducted in Indian Country which is under the
jurisdiction of the Chickasaw Nation; and
2. It is necessary to establish legal authority for the Chickasaw
Nation, its agents, servants and employees to engage in Alcoholic
Beverage sales on tribal lands within the legal boundaries of the
Chickasaw Nation, provided that such locations are in compliance with
the laws of the State of Oklahoma.
Section 3-201.3 Definitions
As used in this Act, the following words shall have the following
meanings unless the context in which they appear clearly requires
otherwise:
1. ``Alcohol'' means and includes hydrated oxide of ethyl, ethyl
Alcohol, Alcohol, ethanol, or Spirits of Wine, from whatever source and
by whatever process produced;
2. ``Alcoholic Beverage'' means Alcohol, Spirits, Beer and Wine as
those terms are defined herein and also includes every liquid or solid,
patented or not, containing Alcohol, Spirits, Wine or Beer and capable
of being consumed as a beverage by human beings, but does not include
Low-Point Beer;
3. ``Bar'' means any establishment with special space and
accommodations for the sale of alcoholic beverages and for consumption
on-premises as defined herein;
4. ``Beer'' means any beverage containing more than three and two-
tenths percent (3.2%) of Alcohol by weight and obtained by the
alcoholic fermentation of an infusion or decoction of barley or other
grain, malt or similar products. ``Beer'' may or may not contain hops
or other vegetable products. ``Beer'' includes, among other things,
Beer, ale, stout, lager Beer, porter and other malt or brewed liquors,
but does not include sake, known as Japanese rice Wine;
5. ``Chickasaw Nation Tax Commission'' means the commission created
by the Legislature as found in Section 2-1071 in the Code of Laws of
the Chickasaw Nation;
6. ``Light Wine'' means any Wine containing not more than fourteen
percent (14%) Alcohol measured by volume at sixty (60) degrees
Fahrenheit;
7. ``Liquor Store'' means any store at which Alcoholic Beverages
are sold and, for the purpose of this Act, includes stores only a
portion of which are devoted to the Sale of Alcoholic Beverages;
8. ``Low-Point Beer'' or ``Light Beer'' means and includes
beverages containing more than one-half of one percent (\1/2\ of 1%)
Alcohol by volume, and not more than three and two-tenths percent
(3.2%) Alcohol by weight, including but not limited to Beer or cereal
malt beverages obtained by the alcoholic fermentation of an infusion of
barley or other grain, malt or similar products;
9. ``Mixed Beverage'' means one or more servings of a beverage
composed in whole or part of an Alcoholic Beverage in a sealed or
unsealed container of any legal size for consumption on the premises
where served or sold by the holder of a license;
10. ``Original Package'' means any container or receptacle used for
holding Alcoholic Beverages filled and stamped or sealed by the
manufacturer;
11. ``Public Place'' means federal, state, county or tribal
highways and roads; buildings and grounds used for school purposes;
public dance halls and grounds adjacent thereto; soft drink
establishments, public buildings, public meeting halls, lobbies, halls
and dining rooms of hotels, restaurants, theaters, gaming facilities,
entertainment centers, stores, garages and filling stations which are
open to and/or generally used by the public and to which the public has
right to access, public conveyances of all kinds and character; and all
other places of like or similar nature to which the general public has
right to access, and which are generally used by the public;
12. ``Sale'' and ``Sell'' mean the exchange, barter and traffic,
including the selling or supplying or distributing, by any means
whatsoever, by any person to any person;
13. ``Spirits'' means any beverage other than Wine, Beer or Light
Beer, which contains more than one-half of one percent (\1/2\ of 1%)
Alcohol measured by volume and obtained by distillation, whether or not
mixed with other substances in solution and includes those products
known as whiskey, brandy, rum, gin, vodka, liqueurs, cordials and
fortified wines and similar compounds; but shall not include any
Alcohol liquid completely denatured in accordance with the Acts of
Congress and regulations pursuant thereto;
14. ``Tribal Court'' means the Chickasaw Nation Tribal District
Court;
15. ``Tribal Lands'' means any or all land over which the Chickasaw
Nation exercises governmental powers and that is either held in trust
by the United States for the benefit of the Chickasaw Nation or
individual citizens of the Chickasaw Nation subject to restrictions by
the United States against alienation, and dependent Indian communities,
as contained in Title 18 section 1151 of the United States Code;
16. ``Wine'' means and includes any beverage containing more than
one-half of one percent (\1/2\ of 1%) Alcohol by volume and not more
than twenty-four percent (24%) Alcohol by volume at sixty (60) degrees
Fahrenheit obtained by the fermentation of the natural contents of
fruits, vegetables, honey, milk or other products containing sugar,
whether or not other ingredients are added, and includes vermouth and
sake, known as Japanese rice Wine.
Section 3-201.4 Chickasaw Nation Tax Commission Powers and Duties
In furtherance of this Act, the Chickasaw Nation Tax Commission
shall have the following powers and duties:
1. Publish and enforce rules and regulations adopted by the
Chickasaw Nation Tax Commission governing the sale, distribution and
possession of Alcoholic Beverages on Tribal Lands;
2. Employ such persons as shall be reasonably necessary to allow
the Chickasaw Nation Tax Commission to perform its functions;
3. Issue licenses permitting the sale or distribution of Alcoholic
Beverages on Tribal Lands;
[[Page 15718]]
4. Hold hearings on violations of this Act or for the issuance of
revocation of licenses hereunder;
5. Bring suit in Tribal Court or other appropriate court to enforce
this Act as necessary;
6. Determine and seek damages for violation of this Act;
7. Make such reports as may be requested or required by the
Governor of the Chickasaw Nation, who may share those reports with the
Chickasaw Tribal Legislature;
8. Collect taxes and fees levied or set by the Chickasaw Tribal
Legislature and keep accurate records, books and accounts;
9. Adopt procedures which supplement this Act and regulations
promulgated by the Chickasaw Nation Tax Commission and facilitate their
enforcement. Such procedures shall include limitations on sales to
minors, places where liquor may be consumed, identity of persons not
permitted to purchase alcoholic beverages, hours and days when outlets
may be open for business, and other appropriate matters and controls;
and
10. Request amendments to this Act to address future changes in the
way the Chickasaw Nation sells, distributes or possesses Alcoholic
Beverages in order to ensure that this Act remains consistent with
state Alcoholic Beverage laws.
Section 3-201.5 Inspection Rights
The premises on which beverages defined in this Act are sold or
distributed shall be open for inspection by the Chickasaw Nation Tax
Commission and/or its staff at all reasonable times for the purposes of
ascertaining compliance with the rules and regulations of the Chickasaw
Nation Tax Commission and this Act.
Section 3-201.6 Sales of Alcohol
A. A person or entity who is licensed by the Chickasaw Nation Tax
Commission may make retail sales of beverages as defined in this Act in
their facility and the patrons of the facility may consume such liquor
within any facility, other than a convenience store location. The
introduction and possession of beverages as defined in this Act
consistent with this Act shall also be allowed. All other purchases and
sales of beverages as defined in this Act on Tribal Lands shall be
prohibited. Sales of beverages as defined in this Act on Tribal Lands
may only be made at businesses that hold a license from the Chickasaw
Nation Tax Commission.
B. All sales of beverages as defined in this Act on Tribal Lands
shall be on a cash only basis and no credit shall be extended to any
person, organization or entity, except that this provision does not
prevent the payment for purchases with use of credit cards such as
Visa, Master Card, American Express, etc.
C. All sales of beverages as defined in this Act shall be for the
personal use and consumption of the purchaser. Resale of any beverage
as defined in this Act on Tribal Lands is prohibited. Any person who is
not licensed pursuant to this Act who purchases beverages as defined in
this Act on Tribal Lands and sells it, whether in the original
container or not, shall be guilty of a violation of this Act and shall
be subjected to paying damages to the Chickasaw Nation as set forth
herein.
Section 3-201.7 Licensing and Application
A. In order to control the proliferation of establishments on
Tribal Lands that sell or serve liquor by the bottle or by the drink,
all persons or entities that desire to sell beverages as defined in
this Act on Tribal Lands must apply to the Chickasaw Nation Tax
Commission for such a license.
B. Any citizen of the Chickasaw Nation 21 years of age or older, or
an enrolled citizen of a federally-recognized tribe 21 years of age or
older, other person 21 years of age or older or entity that is owned or
controlled by an individual 21 years of age or older may apply to the
Chickasaw Nation Tax Commission for a license to sell or serve
beverages as defined in this Act on Tribal Lands. Any person or entity
applying for a license to sell or serve beverages as defined in this
Act on Tribal Lands must fill in the application provided for this
purpose by the Chickasaw Nation Tax Commission and pay such application
fee as may be set by the Chickasaw Nation Tax Commission. Said
application must be filled out completely in order to be considered. A
separate application and license will be required for each location
where the applicant intends to serve beverages as defined in this Act.
C. The person applying for such license must make a showing once a
year, and must satisfy the Chickasaw Nation Tax Commission, that he is
a person of good character, having never been convicted of violating
any of the state Alcoholic Beverage laws or the laws promulgated under
this Act; that he has never been convicted of violating any of the
gambling laws of Oklahoma, or any other state of the United States, or
of this or any other tribe; that he has not had, preceding the date of
his application for a license, a felony conviction of any of the laws
commonly called prohibition laws; and that he has not had any permit or
license to sell any intoxicating liquors revoked in any county of
Oklahoma, or any other state, or of any tribe; and that at the time of
his application for a license, he is not the holder of a retail liquor
dealer's permit or license from the United States government to engage
in the sale of beverages as defined in this Act.
D. The Chickasaw Nation Tax Commission shall receive and process
applications and related matters. All actions relating to applications
by the Chickasaw Nation Tax Commission shall be by majority vote. The
Chickasaw Nation Tax Commission may, by resolution, authorize one of
its members or a member of its staff to issue licenses for the sale of
beverages as defined in this Act.
E. Each license shall be issued for a period not to exceed one (1)
year from the date of issuance.
F. A licensee may renew its license if the licensee has complied in
full with this Act; provided, however, that the Chickasaw Nation Tax
Commission may refuse to renew a license if it finds that doing so
would not be in the best interests of health and safety of the
residents of the Chickasaw Nation.
G. The Chickasaw Nation Tax Commission may suspend or revoke a
license due to one or more violations of this Act upon notice and
hearing at which the licensee is given an opportunity to respond to any
charges against it and to demonstrate why the license should not be
suspended or revoked.
H. Within 15 days after a licensee is mailed written notice of a
proposed suspension or revocation of the license, of the imposition of
fines or of other adverse action proposed by the Chickasaw Nation Tax
Commission under this Act, the licensee may deliver to the Chickasaw
Nation Tax Commission a written request for a hearing on whether the
proposed action should be taken. A hearing on the issues shall be held
before a person or persons appointed by the Chickasaw Nation Tax
Commission and a written decision will be issued. Such decisions will
be considered final unless an appeal is filed in accordance with Title
5, Chapter 2, Article G of the Chickasaw Nation Code. All proceedings
conducted under all sections of this Act shall be in accord with due
process of law.
I. Licenses issued by the Chickasaw Nation Tax Commission shall not
be transferable and may only be used by the person or entity in whose
name it is issued.
[[Page 15719]]
Section 3-201.8 Taxes
A. As a condition precedent to the conduct of any operations
pursuant to a license issued by the Chickasaw Nation Tax Commission,
the licensee must obtain from the Chickasaw Nation Tax Commission such
licenses, permits, tax stamps, tags, receipts or other documents or
things evidencing receipt of any license or payment of any tax or fee
administered by the Chickasaw Nation Tax Commission or otherwise
showing compliance with the tax laws of the Chickasaw Nation.
B. In addition to any other remedies provided in this Act, the
Chickasaw Nation Tax Commission may suspend or revoke any licenses
issued by it upon the failure of the licensee to comply with the
obligations imposed upon the licensee by the Chickasaw Nation Tax
Commission, by the Chickasaw Nation, or any rule, regulation or order
of the Chickasaw Nation Tax Commission.
Section 3-201.9 Rules, Regulations and Enforcement
A. In any proceeding under this Act, conviction of one unlawful
sale or distribution of beverages as defined in this Act shall
establish prima facie intent of unlawfully keeping, selling, or
distributing beverages as defined in this Act in violation of this Act.
B. Any person who shall in any manner sell or offer for sale or
distribution or transport beverages as defined in this Act in violation
of this Act shall be subject to civil damages assessed by the Chickasaw
Nation Tax Commission.
C. Any person within the boundaries of Tribal Lands who buys
beverages as defined in this Act from any person other than a properly
licensed facility shall be guilty of a violation of this Act.
D. Any person who keeps or possesses beverages as defined in this
Act upon his person or in any place or on premises conducted or
maintained by his principal or agent with the intent to sell or
distribute it contrary to the provisions of this Act, shall be guilty
of a violation of this Act.
E. Any person who knowingly sells beverages as defined in this Act
to a person who is obviously intoxicated or appears to be intoxicated
shall be guilty of a violation of this Act.
F. Any person engaged wholly or in part in the business of carrying
passengers for hire, and every agent, servant or employee of such
person, who shall knowingly permit any person to drink beverages as
defined in this Act in any public conveyance shall be guilty of an
offense. Any person who shall drink beverages as defined in this
chapter in a public conveyance shall be guilty of a violation of this
Act.
G. No person under the age of twenty-one (21) years shall consume,
acquire or have in his possession any beverages as defined in this Act.
No person shall permit any other person under the age of twenty-one
(21) years to consume beverages as defined in this Act on his premises
or any premises under his control. Any person violating this
prohibition shall be guilty of a separate violation of this Act for
each and every drink so consumed.
H. Any person who shall sell or provide any beverages as defined in
this Act to any person under the age of twenty-one (21) years shall be
guilty of a violation of this Act for each and every sale or drink
provided.
I. Any person who transfers in any manner an identification of age
to a person under the age of twenty-one (21) years for the purpose of
permitting such person to obtain beverages as defined in this Act shall
be guilty of an offense; provided, that corroborative testimony of a
witness other than the underage person shall be a requirement of
finding a violation of this Act.
J. Any person who attempts to purchase beverages as defined in this
Act through the use of false or altered identification that falsely
purports to show the individual to be over the age of twenty-one (21)
years shall be guilty of violating this Act.
K. Any person who is convicted or pleads guilty to a violation of
this Act shall be punished by imprisonment for not more than one (1)
year, a fine not to exceed five thousand dollars ($5,000) or a
combination of both penalties. In addition, if such person holds a
license issued by the Chickasaw Tax Commission, the license shall be
revoked.
L. When requested by the provider of beverages as defined in this
Act any person shall be required to present official documentation of
the bearer's age, signature and photograph. Official documentation
includes one of the following:
1. Driver's license or identification card issued by any state
department of motor vehicles;
2. United States Active Duty Military Identification card;
3. Tribally-issued identification card; or
4. Passport.
M. The consumption of beverages as defined in this Act on premises
where such consumption or possession is contrary to the terms of this
Act will result in a declaration that such beverages as defined in this
Act are contraband. Any tribal agent, employee or officer who is
authorized by the Chickasaw Nation Tax Commission shall seize all
contraband and preserve it in accordance with provisions established
for the preservation of impounded property. Upon being found in
violation of this Act, the party owning or in control of the premises
where contraband is found shall forfeit all right, title and interest
in the items seized which shall become the property of the Chickasaw
Nation Tax Commission.
Section 3-201.10 Abatement
A. Any room, house, building, vehicle, structure or other place
where beverages as defined in this Act are sold, manufactured,
bartered, exchanged, given away, furnished or otherwise disposed of in
violation of the provisions of this Act or of any other tribal statute
or law relating to the manufacture, importation, transportation,
possession, distribution and sale of beverages as defined in this Act
and all property kept in and used in maintaining such place, is hereby
declared a nuisance.
B. The chairman of the Chickasaw Nation Tax Commission, or if the
chairman fails or refuses to do so, the Chickasaw Nation Tax
Commission, by a majority vote, shall institute and maintain an action
in the Tribal Court in the name of the Chickasaw Nation to abate and
perpetually enjoin any nuisance declared under this Section. In
addition to the other remedies at tribal law, the Tribal Court may also
order the room, house, building, vehicle, structure or place closed for
a period of one year or until the owner, lessee, tenant or occupant
thereof shall give bond or sufficient sum from $1,000 to $15,000,
depending upon the severity of past offenses, the risk of offenses in
the future, and any other appropriate criteria, payable to the
Chickasaw Nation and conditioned that beverages as defined in this Act
will not be thereafter kept, sold, bartered, exchanged, given away,
furnished or otherwise disposed of in violation of the provisions of
this Act or of any other applicable tribal laws. If any conditions of
the bond are violated, the bond may be applied to satisfy any amounts
due to the Chickasaw Nation under this Act.
Section 3-201.11 Severability and Effective Date
A. If any provision under this Act is determined by court review to
be invalid, such determination shall not be held to render ineffectual
the remaining portions of this Act or to render such provisions
inapplicable to other persons or circumstances.
[[Page 15720]]
B. Once it has been signed into law by the Governor, this Act shall
be effective on such date as the Secretary of the United States
Department of the Interior certifies this Act and publishes the same in
the Federal Register.
C. Any and all previous statutes, laws and ordinances of the
Chickasaw Nation Code which are inconsistent with this Act are hereby
repealed and rescinded. Specifically repealed is Title 3, Chapter 2,
Sections 3-201 through 3-215 as they existed before passage of this,
the Beverage Control Act of 2007.
Section 3-201.12 Amendment and Construction
Nothing in this Act may be construed to diminish or impair in any
way the rights or sovereign powers of the Chickasaw Nation or its
tribal government other than the due process provision at Section 3-
201.7.H which provides that licensees whose licenses have been revoked
or suspended may seek review of that decision in Tribal Court. Be it
further resolved, that the Chickasaw Tribal Legislature hereby approves
and adopts the following sections to be codified in Title 5, Chapter
15, Article F of the Chickasaw Nation Code:
Section 5-1506.34 Definitions
All definitions relating to the sale, purchase, or consumption of
Alcohol found in the Beverage Control Act of 2007 and are hereby
incorporated by reference as if fully stated herein.
Section 5-1506.35 Possession, Purchase, and Consumption by Person Under
Twenty-One (21) Years of Age
A. It shall be unlawful for any person under twenty-one (21) years
of age to either:
1. Consume or possess with the intent to consume beverages as
defined in the Beverage Control Act of 2007; or
2. Purchase or attempt to purchase beverages as defined in the
Beverage Control Act of 2007, except under supervision of law
enforcement officers.
B. Possession, Purchase, or Consumption by Person Under Twenty-One
(21) Years of Age shall be punishable by a fine not to exceed Two
Hundred Fifty Dollars ($250.00), by imprisonment for not more than
three (3) months, or both.
Section 5-1506.36 Prohibited Sales to Person Under Twenty-One (21)
Years of Age
A. It shall be unlawful for any person to sell, serve, or otherwise
supply, or attempt to sell, serve, or otherwise supply beverages as
defined in the Beverage Control Act of 2007 to any person under twenty-
one (21) years of age.
B. Any person performing a Prohibited Sale to Person Under Twenty-
One (21) Years of Age shall be punished by imprisonment for not more
than one (1) year, a fine not to exceed Five Thousand Dollars
($5,000.00), or a combination of both penalties. In addition, if such
person holds a license issued by the Chickasaw Tax Commission, the
license may be revoked or other civil action may be taken pursuant to
the Beverage Control Act of 2007.
[FR Doc. E7-5961 Filed 3-30-07; 8:45 am]
BILLING CODE 4310-4J-P
