[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Notices]
[Pages 15716-15720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5961]


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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