23280 Federal Register / Vol. 75, No. 84 / Monday, May 3, 2010 / Notices 

ADDRESSES. If you provide an email 

address in your request for copies of 

applications, we will attempt to respond 

to your request electronically. 

Please make your requests or 

comments as specific as possible. Please 

confine your comments to issues for 

which we seek comments in this notice, 

and explain the basis for your 

comments. Include sufficient 

information with your comments to 

allow us to authenticate any scientific or 

commercial data you include. 

The comments and recommendations 

that will be most useful and likely to 

influence agency decisions are: (1) 

Those supported by quantitative 

information or studies; and (2) Those 

that include citations to, and analyses 

of, the applicable laws and regulations. 

We will not consider or include in our 

administrative record comments we 

receive after the close of the comment 

period (see DATES) or comments 

delivered to an address other than those 

listed above (see ADDRESSES). 

B. May I Review Comments Submitted 

by Others? 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ADDRESSES. The 

public may review documents and other 

information applicants have sent in 

support of the application unless our 

allowing viewing would violate the 

Privacy Act or Freedom of Information 

Act. Before including your address, 

phone number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

II. Background 

To help us carry out our conservation 

responsibilities for affected species, the 

Endangered Species Act of 1973, section 

10(a)(1)(A), as amended (16 U.S.C. 1531 

et seq.), require that we invite public 

comment before final action on these 

permit applications. 

III. Permit Applications 

Endangered Species 

Applicant: Denver Zoological Gardens, 

Denver, CO; PRT–213136 

The applicant requests a permit to 

import eight captive born northern bald 

ibis (Geronticus eremita) from 

Zoologisch-Botanischer Garten 

Wilhelma in Stuttgart, Germany, for the 

purpose of enhancement of the species 

through captive breeding and 

conservation education. 

Applicant: Wildlife Discovery Center – 

City of Lake Forest, Lake Forest, IL; 

PRT–02010A 

The applicant requests a permit to 

import a male American Crocodile 

(Crocodylus acutus) from Cherot-Rose 

American Crocodile Education 

Sanctuary, Toledo, Belize that was 

rescued from the wild for the purpose 

of enhancement of the survival of the 

species. This notification covers 

activities to be conducted by the 

applicant over a 1–year period. 

Applicant: Los Angeles Zoo, Los 

Angeles, CA; PRT–08939A 

The applicant requests a permit to 

export one male yellow-footed rock 

wallaby (Petrogale xanthopus) born in 

captivity to Tierpark Berlin, Berlin, 

Germany for the purpose of 

enhancement of the survival of the 

species. This notification covers 

activities to be conducted by the 

applicant over a 1–year period. 

Applicant: Tarzan Zerbini Circus, 

Webb City, MO; PRT #065145, 065146, 

065149 

The applicant request permits to reissue for re-export and re-import Asian 

elephants (Elephas maximus) to 

worldwide locations for the purpose of 

enhancement of the species through 

conservation education. The permit 

numbers and animals are 065145, Marie; 

065146, Roxy; and 065149, Schell. This 

notification covers activities to be 

conducted by the applicant over a 3– 

year period and the import of any 

potential progeny born while overseas. 

Applicant: Steve Martin’s Working 

Wildlife, Frazier Park, CA; PRT 

#069429 and 069443 

The applicant request permits to reissue for re-export and re-import African 

leopards (Panthera pardus) to 

worldwide locations for the purpose of 

enhancement of the species through 

conservation education. The permit 

numbers and animals are 069429, Ivory 

and 069443, Crystal. This notification 

covers activities to be conducted by the 

applicant over a 3–year period and the 

import of any potential progeny born 

while overseas. 

Multiple Applicants 

The following applicants each request 

a permit to import the sport-hunted 

trophy of one male bontebok 

(Damaliscus pygargus pygargus) culled 

from a captive herd maintained under 

the management program of the 

Republic of South Africa, for the 

purpose of enhancement of the survival 

of the species. 

Applicant: James Selman, Gonzales, 

TX; PRT–03116A 

Applicant: Gerhard Meier, Highland 

Park, IL; PRT–03158A 

Dated: April 23, 2010 

Brenda Tapia 

Program Analyst, Branch of Permits, Division 

of Management Authority 

[FR Doc. 2010–10253 Filed 4–30–10; 8:45 am] 

BILLING CODE 4310–55–S 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Choctaw Nation of Oklahoma Alcohol 

Control Ordinance 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 

SUMMARY: This notice publishes the 

Choctaw Nation of Oklahoma’s Alcohol 

Control Ordinance, which was adopted 

by the Tribal Council of the Choctaw 

Nation of Oklahoma under Council Bill 

CB–64–2010 enacted on March 13, 

2010. The Alcohol Control Ordinance 

regulates and controls the manufacture, 

distribution, possession, and sale of 

alcohol on Tribal lands of the Choctaw 

Nation of Oklahoma. The Tribal lands 

are located in Indian country and this 

enactment will increase the ability of 

the Tribal government to control 

alcohol-related activities within the 

Tribe’s jurisdiction 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 May 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Diane Buck, Tribal Government Services 

Officer, Eastern Oklahoma Regional 

Office, P.O. Box 8002, Muskogee, OK 

74402–8002, Telephone: (918) 781– 

4685, Fax (918) 781–4649; or Elizabeth 

Colliflower, Office of Indian Services, 

1849 C Street, NW., Mail Stop 4513– 

MIB, Washington, DC 20240, 

Telephone: (202) 513–7641. 

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 


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ordinances for the purpose of regulating 

liquor transactions in Indian country. 

The governing body of the Choctaw 

Nation of Oklahoma enacted the 

legislation on March 13, 2010. The 

purpose of this Ordinance is to generate 

revenue to fund needed Tribal programs 

and services, to promote public safety, 

and to control all alcohol-related 

activities within the jurisdiction of the 

Choctaw Nation. 

This notice is published in 

accordance with the authority delegated 

by the Secretary of the Interior to the 

Assistant Secretary—Indian Affairs. I 

certify that this Alcohol Control 

Ordinance of the Choctaw Nation of 

Oklahoma was accepted by the Tribal 

Council of the Choctaw Nation of 

Oklahoma on March 13, 2010, through 

Council Bill CB–64–2010. 

Dated: April 22, 2010. 

Paul Tsosie, 

Chief of Staff—Indian Affairs. 

The Alcohol Control Ordinance of the 

Choctaw Nation of Oklahoma reads as 

follows: 

CHOCTAW NATION OF OKLAHOMA 

ALCOHOL CONTROL ORDINANCE 

ARTICLE I. INTRODUCTION. 

Section 1.1. Title. 

This Ordinance shall be known as the 

‘‘Choctaw Nation of Oklahoma Alcohol 

Control Ordinance.’’ 

Section 1.2. Authority. 

This Ordinance is enacted pursuant to 

the Act of August 15, 1953, Pub. L. 83– 

277, 67 Stat. 586, 18 U.S.C. § 1161, and 

Article IX, Section 4 of the Constitution 

of the Choctaw Nation of Oklahoma. 

Section 1.3. Purpose. 

The purpose of this Ordinance is to 

regulate and control the manufacture, 

distribution, possession, and sale of 

Alcohol on Tribal lands of the Choctaw 

Nation of Oklahoma. The enactment of 

this Ordinance will enhance the ability 

of the Choctaw Nation of Oklahoma to 

control all such alcohol-related 

activities within the jurisdiction of the 

Tribe and will provide an important 

source of revenue for the continued 

operation and strengthening of the 

Choctaw Nation of Oklahoma and the 

delivery of important governmental 

services. 

Section 1.4. Application of Federal 

Law. 

Federal law forbids the introduction, 

possession, and sale of liquor in Indian 

Country (18 U.S.C. § 1154 and other 

statutes), except when in conformity 

both with the laws of the State and the 

Tribe (18 U.S.C. § 1161). As such, 

compliance with this Ordinance shall be 

in addition to, and not a substitute for, 

compliance with the laws of the State of 

Oklahoma. 

Section 1.5. Administration of 

Ordinance. 

The Tribal Council, through its 

powers vested under the Constitution of 

the Choctaw Nation of Oklahoma and 

this Ordinance, delegates to the Alcohol 

Regulatory Authority the authority to 

exercise all of the powers and 

accomplish all of the purposes as set 

forth in this Ordinance, which may 

include, but are not limited to, the 

following actions: 

A. Adopt and enforce rules and 

regulations for the purpose of 

effectuating this Ordinance, which 

includes the setting of fees, fines and 

other penalties; 

B. Execute all necessary documents; 

and 

C. Perform all matters and actions 

incidental to and necessary to conduct 

its business and carry out its duties and 

functions under this Ordinance. 

Section 1.6. Sovereign Immunity 

Preserved. 

A. The Tribe is immune from suit in 

any jurisdiction except to the extent that 

the Tribal Council of the Choctaw 

Nation of Oklahoma or the United States 

Congress expressly and unequivocally 

waives such immunity by approval of 

written tribal resolution or Federal 

statute. 

B. Nothing in this Ordinance shall be 

construed as waiving the sovereign 

immunity of the Choctaw Nation of 

Oklahoma or the Alcohol Regulatory 

Authority as an agency of the Choctaw 

Nation of Oklahoma. 

Section 1.7. Applicability. 

This Ordinance shall apply to all 

commercial enterprises located within 

the Tribal lands of the Choctaw Nation 

of Oklahoma consistent with applicable 

Federal Liquor Laws. 

Section 1.8. Computation of Time. 

Unless otherwise provided in this 

Ordinance, in computing any period of 

time prescribed or allowed by this 

Ordinance, the day of the act, event, or 

default from which the designated 

period of time begins to run shall not be 

included. The last day of the period so 

computed shall be included, unless it is 

a Saturday, a Sunday, or a legal holiday. 

For the purposes of this Ordinance, the 

term ‘‘legal holiday’’ shall mean all legal 

holidays under Tribal or Federal law. 

All documents mailed shall be deemed 

served at the time of mailing. 

Section 1.9. Liberal Construction. 

The provisions of this Ordinance shall 

be liberally construed to achieve the 

purposes set forth, whether clearly 

stated or apparent from the context of 

the language used herein. 

Section 1.10. Collection of Applicable 

Fees, Taxes, or Fines. 

The Alcohol Regulatory Authority 

shall have the authority to collect all 

applicable and lawful fees, taxes, and or 

fines from any person or Licensee as 

imposed by this Ordinance. The failure 

of any Licensee to deliver applicable 

taxes collected on the sale of Alcoholic 

Beverages shall subject the Licensee to 

penalties, including, but not limited to 

the revocation of said License. 

ARTICLE II. DECLARATION OF 

PUBLIC POLICY 

Section 2.1. Matter of Special Interest. 

The manufacture, distribution, 

possession, sale, and consumption of 

Alcoholic Beverages within the 

jurisdiction of the Choctaw Nation of 

Oklahoma are matters of significant 

concern and special interest to the 

Tribe. The Tribal Council hereby 

declares that the policy of the Choctaw 

Nation of Oklahoma is to eliminate the 

problems associated with unlicensed, 

unregulated, and unlawful importation, 

distribution, manufacture, possession, 

and sale of Alcoholic Beverages for 

commercial purposes and to promote 

temperance in the use and consumption 

of Alcoholic Beverages by increasing the 

Tribe’s control over such activities on 

Tribal lands. 

Section 2.2. Federal Law. 

The introduction of Alcohol within 

the jurisdiction of the Tribe is currently 

prohibited by federal law (18 U.S.C. 

§ 1154), except as provided for therein, 

and the Tribe is expressly delegated the 

right to determine when and under what 

conditions Alcohol, including Alcoholic 

Beverages, shall be permitted therein 

(18 U.S.C. § 1161). 

Section 2.3. Need for Regulation. 

The Tribe finds that the Federal 

Liquor Laws prohibiting the 

introduction, manufacture, distribution, 

possession, sale, and consumption of 

Alcoholic Beverages within the Tribal 

lands has proven ineffective and that 

the problems associated with same 

should be addressed by the laws of the 

Tribe, with all such business activities 

related thereto subject to the taxing and 

regulatory authority of the Alcohol 

Regulatory Authority. 


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Section 2.4. Geographic Locations. 

The Tribe finds that the introduction, 

manufacture, distribution, possession, 

sale, and consumption of Alcohol, 

including Alcoholic Beverages, shall be 

regulated under this Ordinance only 

where such activity will be conducted 

within or upon Tribal lands. 

Section 2.5. Definitions. 

As used in this Ordinance, the 

following words shall have the 

following meanings unless the context 

clearly requires otherwise: 

A. ‘‘Alcohol’’ means the product of 

distillation of fermented liquid, whether 

or not rectified or diluted with water, 

including, but not limited to Alcoholic 

Beverages as defined herein, but does 

not mean ethyl or industrial alcohol, 

diluted or not, that has been denatured 

or otherwise rendered unfit for purposes 

of consumption by humans. 

B. ‘‘Alcohol Regulatory Authority’’ 

means the Members of the Choctaw 

Nation Business Committee. 

C. ‘‘Alcoholic Beverage(s)’’ when used 

in this Ordinance means, and shall 

include any liquor, beer, spirits, or 

wine, by whatever name they may be 

called, and from whatever source and by 

whatever process they may be 

produced, and which contain a 

sufficient percent of alcohol by volume 

which, by law, makes said beverage 

subject to regulation as an intoxicating 

beverage under the laws of the State of 

Oklahoma. Alcoholic Beverages include 

all forms of ‘‘low-point beer’’ as defined 

under the laws of the State of 

Oklahoma. 

D. ‘‘Applicant’’ means any person who 

submits an application to the Alcohol 

Regulatory Authority for an Alcoholic 

Beverage License and who has not yet 

received such a License. 

E. ‘‘Constitution’’ means the 

Constitution of the Choctaw Nation of 

Oklahoma. 

F. ‘‘Tribal Council’’ means the duly 

elected legislative body of the Choctaw 

Nation of Oklahoma authorized to act in 

and on all matters and subjects upon 

which the Tribe is empowered to act, 

now or in the future. 

G. ‘‘Federal Liquor Laws’’ means all 

laws of the United States of America 

that apply to or regulate in any way the 

introduction, manufacture, distribution, 

possession, or sale of any form of 

Alcohol, including, but not limited to 18 

U.S.C. §§ 1154 & 1161. 

H. ‘‘Legal Age’’ means twenty-one (21) 

years of age. 

I. ‘‘License’’ or ‘‘Alcoholic Beverage 

License’’ means a license issued by the 

Alcohol Regulatory Authority 

authorizing the introduction, 

manufacture, distribution, or sale of 

Alcoholic Beverages for commercial 

purposes under the provisions of this 

Ordinance. 

J. ‘‘Licensee’’ means a commercial 

enterprise that holds an Alcoholic 

Beverage License issued by the Alcohol 

Regulatory Authority and includes any 

employee or agent of the Licensee. 

K. ‘‘Liquor store’’ means any business, 

store, or commercial establishment at 

which Alcohol is sold and shall include 

any and all businesses engaged in the 

sale of Alcoholic Beverages, whether 

sold as packaged or by the drink. 

L. ‘‘Manufacturer’’ means any person 

engaged in the manufacture of Alcohol, 

including, but not limited to the 

manufacture of Alcoholic Beverages. 

M. ‘‘Oklahoma Liquor License’’ means 

any license or permit issued by the State 

of Oklahoma, including any agency, 

subdivision, or county thereof, 

regulating any form of Alcohol, 

including, but not limited to any form 

of Alcoholic Beverage. Any license or 

permit issued for the sale or distribution 

of ‘‘low-point beer’’, as defined under 

Oklahoma law, shall be considered an 

‘‘Oklahoma Liquor License’’ under this 

Ordinance. 

N. ‘‘Ordinance’’ means this Choctaw 

Nation of Oklahoma Alcohol Control 

Ordinance, as hereafter amended. 

O. The words ‘‘package’’ or ‘‘packaged’’ 

means the sale of any Alcoholic 

Beverage by delivery of same by a seller 

to a purchaser in any container, bag, or 

receptacle for consumption beyond the 

premises or location designated on the 

seller’s License. 

P. ‘‘Public place’’ means and shall 

include any tribal, county, state, or 

federal highways, roads, and rights-ofway; buildings and grounds used for 

school purposes; public dance halls and 

grounds adjacent thereto; public 

restaurants, buildings, meeting halls, 

hotels, theaters, retail stores, and 

business establishments generally open 

to the public and to which the public is 

allowed to have unrestricted access; and 

all other places to which the general 

public has unrestricted right of access 

and that are generally used by the 

public. For the purpose of this 

Ordinance, ‘‘public place’’ shall also 

include any privately owned business 

property or establishment that is 

designed for or may be regularly used by 

more persons other than the owner of 

the same, but shall not include the 

private, family residence of any person. 

Q. The words ‘‘sale(s)’’, ‘‘sell’’, or 

‘‘sold’’ means the exchange, barter, 

traffic, furnishing, or giving away for 

commercial purpose of any Alcoholic 

Beverage by any and all means, by 

whatever name commonly used to 

describe the same, by any commercial 

enterprise or person to another person. 

R. ‘‘Tribal Court’’ means the Court of 

General Jurisdiction of the Choctaw 

Nation. 

S. ‘‘Tribal land(s)’’ shall mean and 

reference the geographic area that 

includes all land included within the 

definition of ‘‘Indian country’’ as 

established and described by federal law 

and that is under the jurisdiction of the 

Choctaw Nation of Oklahoma, 

including, but not limited to all lands 

held in trust by the federal government, 

located within the same, as are now in 

existence or may hereafter be added to. 

T. ‘‘Tribal law’’ means the 

Constitution of the Choctaw Nation of 

Oklahoma and all laws, ordinances, 

codes, resolutions, and regulations now 

and hereafter duly enacted by the Tribe. 

U. ‘‘Tribe’’ shall mean the Choctaw 

Nation of Oklahoma. 

ARTICLE III. SALES OF ALCOHOLIC 

BEVERAGES. 

Section 3.1. Prohibition of the 

Unlicensed Sale of Alcoholic Beverages. 

This Ordinance prohibits the 

introduction, manufacture, distribution, 

or sale of Alcoholic Beverages for 

commercial purposes, other than where 

conducted by a Licensee in possession 

of a lawfully issued License in 

accordance with this Ordinance. The 

Federal Liquor Laws are intended to 

remain applicable to any act or 

transaction that is not authorized by this 

Ordinance, and violators shall be 

subject to all penalties and provisions of 

any and all applicable Federal, Tribal 

and or State laws. 

Section 3.2. License Required. 

A. Any and all sales of Alcoholic 

Beverages conducted upon Tribal lands 

shall be permitted only where the seller: 

(i) Holds a current Alcoholic Beverage 

License, duly issued by the Alcohol 

Regulatory Authority; and (ii) 

prominently and conspicuously 

displays the License on the premises or 

location designated on the license. 

B. A Licensee has the right to engage 

only in those activities involving 

Alcoholic Beverages expressly 

authorized by such License in 

accordance with this Ordinance. 

Section 3.3. Sales for Cash. 

All sales of Alcoholic Beverages 

conducted by any person or commercial 

enterprise upon Tribal lands shall be 

conducted on a cash-only basis, and no 

credit for said purchase and 

consumption of same shall be extended 

to any person, organization, or entity, 

except that this provision does not 

prohibit the payment of same by use of 


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credit cards acceptable to the seller 

(including but not limited to VISA, 

MasterCard, or American Express). 

Section 3.4. Personal Consumption. 

All sales of Alcoholic Beverages shall 

be for the personal use and 

consumption of the purchaser and or 

his/her guest(s) of Legal Age. The re-sale 

of any Alcoholic Beverage purchased 

within or upon Tribal lands by any 

person or commercial enterprise not 

licensed as required by this Ordinance 

is prohibited. 

Section 3.5. Tribal Enterprises. 

No employee or operator of a 

commercial enterprise owned by the 

Tribe shall sell or permit any person to 

open or consume any Alcoholic 

Beverage on any premises or location, or 

any premises adjacent thereto, under his 

or her control, unless such activity is 

properly licensed as provided in this 

Ordinance. 

ARTICLE IV. LICENSING. 

Section 4.1. Eligibility. 

Only Applicants operating upon 

Tribal lands shall be eligible to receive 

a License for the sale of any Alcoholic 

Beverage under this Ordinance. 

Section 4.2. Application Process. 

A. The Alcohol Regulatory Authority 

may cause a License to be issued to any 

Applicant as is it may deem 

appropriate, but not contrary to the best 

interests of the Tribe and its Tribal 

members. Any Applicant that desires to 

receive any Alcoholic Beverage License, 

and that meets the eligibility 

requirements pursuant to this 

Ordinance, must apply to the Alcohol 

Regulatory Authority for the desired 

class of License. Any such person as 

may be empowered to make such 

application, shall: (i) Fully and 

accurately complete the application 

provided by the Alcohol Regulatory 

Authority; (ii) pay the Alcohol 

Regulatory Authority such application 

fee as may be required; and (iii) submit 

such application to the Alcohol 

Regulatory Authority for consideration. 

B. All application fees paid to the 

Alcohol Regulatory Authority are 

nonrefundable upon submission of any 

such application. Each application shall 

require the payment of a separate 

application fee. The Alcohol Regulatory 

Authority may waive fees at its 

discretion. 

Section 4.3. Term and Renewal of 

Licenses. 

A. The term of all Licenses issued 

under this Ordinance shall be for a 

period not to exceed two (2) years from 

the original date of issuance and may be 

renewed thereafter on a year-to-year 

basis, in compliance with this 

Ordinance and any rules and or 

regulations hereafter adopted by the 

Alcohol Regulatory Authority. 

B. Each License may be considered for 

renewal by the Alcohol Regulatory 

Authority annually upon the Licensee’s 

submission of a new application and 

payment of all required fees. Such 

renewal application shall be submitted 

to the Alcohol Regulatory Authority at 

least sixty (60) days and no more than 

ninety (90) days prior to the expiration 

of an existing License. If a License is not 

renewed prior to its expiration, the 

Licensee shall cease and desist all 

activity as permitted under the License, 

including the sale of any Alcoholic 

Beverages, until the renewal of such 

License is properly approved by the 

Alcohol Regulatory Authority. 

Section 4.4. Classes of Licenses. 

The Alcohol Regulatory Authority 

shall have the authority to issue the 

following classes of Alcoholic Beverage 

License: 

A. ‘‘Retail On-Site General License’’ 

authorizing the Licensee to sell 

Alcoholic Beverages at retail to be 

consumed by the buyer only on the 

premises or location designated in the 

License. This class of License includes, 

but is not limited to, hotels where 

Alcoholic Beverages may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

B. ‘‘Retail On-Site Beer and Wine 

License’’ authorizing the Licensee to sell 

only beer and wine at retail to be 

consumed by the buyer only on the 

premises or location designated in the 

License. This class of License includes, 

but is not limited to, hotels where beer 

and/or wine may be sold for 

consumption on the premises and in the 

rooms of bona fide registered guests. 

C. ‘‘Retail Off-Site General License’’ 

authorizing the Licensee to sell 

Alcoholic Beverages at retail to be 

consumed by the buyer off of the 

premises or at a location other than the 

one designated in the License. 

D. ‘‘Retail Off-Site Beer and Wine 

License’’ authorizing the Licensee to sell 

only beer and wine at retail to be 

consumed by the buyer off of the 

premises or at a location other than the 

one designated in the License. 

E. ‘‘Manufacturer’s License’’ 

authorizing the Applicant to 

manufacture Alcoholic Beverages for the 

purpose of wholesale to retailers on or 

off Tribal lands, but not authorizing the 

sale of Alcoholic Beverages at retail. 

F. ‘‘Temporary License’’ authorizing 

the sale of Alcoholic Beverages on a 

temporary basis for premises or at a 

location temporarily occupied by the 

Licensee for a picnic, social gathering, 

or similar occasion. A Temporary 

Licenses may not be renewed upon 

expiration. A new application must be 

submitted for each such License. 

Section 4.5. Application Form and 

Content. 

An application for any License shall 

be made to the Alcohol Regulatory 

Authority and shall contain at least the 

following information: 

A. The name and address of the 

Applicant, including the names and 

addresses of all of the principal officers, 

directors, managers, and other 

employees with primary management 

responsibility related to the sale of 

Alcoholic Beverages; 

B. The specific area, location, and or 

premise(s) for which the License is 

applied; 

C. The hours that the Applicant will 

sell the Alcoholic Beverages; 

D. For Temporary Licenses, the dates 

for which the License is sought to be in 

effect; 

E. The class of Alcoholic Beverage 

License applied for, as set forth in 

Section 4.4 herein; 

F. Whether the Applicant has an 

Oklahoma Liquor License; a copy of 

such License, and any other applicable 

license, shall be submitted to and 

retained by the Alcohol Regulatory 

Authority; 

G. A sworn statement by the 

Applicant to the effect that none of the 

Applicant’s officers, directors, 

managers, and or employees with 

primary management responsibility 

related to the sale of Alcoholic 

Beverages, have ever been convicted of 

a felony under the law of any 

jurisdiction, and have not violated and 

will not violate or cause or permit to be 

violated any of the provisions of this 

Ordinance; and 

H. The application shall be signed 

and verified by the Applicant under 

oath and notarized by a duly authorized 

representative. 

Section 4.6 Action on the Application. 

The Alcohol Regulatory Authority 

shall have the authority to deny or 

approve the application, consistent with 

this Ordinance and the laws of the 

Tribe. Upon approval of an application, 

the Alcohol Regulatory Authority shall 

issue a License to the Applicant in a 

form to be approved from time to time 

by the Alcohol Regulatory Authority. 

The Alcohol Regulatory Authority shall 

have the authority to issue a temporary 

or provisional license pending the 

foregoing approval process. 


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Section 4.7 Denial of License or 

Renewal. 

An application for a new License or 

License renewal may be denied for one 

or more of the following reasons: 

A. The Applicant materially 

misrepresented facts contained in the 

application; 

B. The Applicant is currently not in 

compliance with this Ordinance or any 

other Tribal or Federal laws; 

C. Granting of the License, or renewal 

thereof, would create a threat to the 

peace, safety, morals, health, or welfare 

of the Tribe; 

D. The Applicant has failed to 

complete the application properly or 

has failed to tender the appropriate fee. 

E. A verdict or judgment has been 

entered against or a plea of nolo 

contendere has been entered by an 

Applicants’ officer, director, manager, or 

any other employee with primary 

management responsibility related to 

the sale of Alcoholic Beverages, to any 

offense under Tribal, Federal, or State 

laws prohibiting or regulating the sale, 

use, possession, or giving away of 

Alcoholic Beverages. No person who 

has been convicted of a felony shall be 

eligible to hold a license. 

Section 4.8. Temporary Denial. 

If the application is denied solely on 

the basis of Section 4.7(D), the Alcohol 

Regulatory Authority shall, within 

fourteen (14) days of such action, 

deliver in person or by mail a written 

notice of temporary denial to the 

Applicant. Such notice of temporary 

denial shall: (i) Set forth the reason(s) 

for denial; and (ii) state that the 

temporary denial will become a 

permanent denial if the reason(s) for 

denial are not corrected within fifteen 

(15) days following the mailing or 

personal delivery of such notice. 

Section 4.9. Cure. 

If an Applicant is denied a License, 

the Applicant may cure the deficiency 

and resubmit the application for 

consideration. Each re-submission will 

be treated as a new application for 

License or renewal of a License, and the 

appropriate fee shall be due upon resubmission. 

Section 4.10. Investigation. 

Upon receipt of an application for the 

issuance, transfer, or renewal of a 

License, the Alcohol Regulatory 

Authority shall make a thorough 

investigation to determine whether the 

Applicant and the premises or location 

for which a License is applied for 

qualifies for a License, and whether the 

provisions of this Ordinance have been 

complied with. The Alcohol Regulatory 

Authority shall investigate all matters 

connected therewith which may affect 

the public health, welfare, and morals. 

Section 4.11. Procedures for Appealing 

a Denial or Condition of Application. 

Any Applicant for a License or 

Licensee who believes the denial of 

their License or request for renewal of 

their License was wrongfully 

determined may appeal the decision of 

the Alcohol Regulatory Authority in 

accordance with the Alcohol Regulatory 

Authority Rules and Regulations. 

Section 4.12. Revocation of License. 

The Alcohol Regulatory Authority 

may initiate action to revoke a License 

whenever it is brought to the attention 

of the Alcohol Regulatory Authority that 

a Licensee: 

A. Has materially misrepresented 

facts contained in any License 

application; 

B. Is not in compliance with this 

Ordinance or any other Tribal, State, or 

Federal laws material to the issue of 

Alcohol licensing; 

C. Failed to comply with any 

condition of a License, including failure 

to pay taxes on the sale of Alcoholic 

Beverages or failure to pay any fee 

required under this Ordinance; 

D. Has had a verdict, or judgment 

entered against, or has had a plea of 

nolo contendere entered by any of its 

officers, directors, managers or any 

employees with primary responsibility 

over the sale of Alcoholic Beverages, as 

to any offense under Tribal, Federal or 

State laws prohibiting or regulating the 

sale, use, or possession, of Alcoholic 

Beverages or a felony of any kind. 

E. Failed to take reasonable steps to 

correct objectionable conditions 

constituting a nuisance on the premises 

or location designated in the License, or 

any adjacent area under their control, 

within a reasonable time after receipt of 

a notice to make such corrections has 

been mailed or personally delivered by 

the Alcohol Regulatory Authority; or 

F. Has had their Oklahoma Liquor 

License suspended or revoked. 

Section 4.13. Initiation of Revocation 

Proceedings. 

Revocation proceedings may be 

initiated by either: (i) the Alcohol 

Regulatory Authority, on its own motion 

and through the adoption of an 

appropriate resolution meeting the 

requirements of this section; or (ii) by 

any person who files a complaint with 

the Alcohol Regulatory Authority. The 

complaint shall be in writing and signed 

by the maker. Both the complaint and 

resolution shall state facts showing that 

there are specific grounds under this 

Ordinance, which would authorize the 

Alcohol Regulatory Authority to revoke 

the License(s). 

Section 4.14. Revocation Hearing. 

Any hearing held on any complaint 

shall be held under such rules and 

regulations as the Alcohol Regulatory 

Authority may prescribe. Both the 

Licensee and the person filing the 

complaint shall have the right to present 

witnesses to testify and to present 

written documents in support of their 

positions to the Alcohol Regulatory 

Authority. The Alcohol Regulatory 

Authority shall render its decision 

within sixty (60) days after the date of 

the hearing. The decision of the Alcohol 

Regulatory Authority shall be final. 

Section 4.15. Delivery of License. 

Upon revocation of a License, the 

Licensee shall forthwith deliver their 

License to the Alcohol Regulatory 

Authority. 

Section 4.16. Transferability of 

Licenses. 

Alcoholic Beverage Licenses shall be 

issued to a specific Licensee for use at 

a single premises or location (business 

enterprise) and shall not be transferable 

for use by any other premises or 

location. Separate Licenses shall be 

required for each of the premises of any 

Licensee having more than one premises 

or location where the sale, distribution, 

or manufacture of Alcoholic Beverages 

may occur. 

Section 4.17. Posting of License. 

Every Licensee shall post and keep 

posted its License(s) in a prominent and 

conspicuous place(s) on the premises or 

location designated in the License. Any 

License posted on a premises or location 

not designated in such License shall not 

be considered valid and shall constitute 

a separate violation of this Ordinance. 

ARTICLE V. POWERS OF 

ENFORCEMENT. 

Section 5.1. Alcohol Regulatory 

Authority. 

In furtherance of this Ordinance, the 

Alcohol Regulatory Authority shall have 

exclusive authority to administer and 

implement this Ordinance and shall 

have the following powers and duties 

hereunder: 

A. To adopt and enforce rules and 

regulations governing the sale, 

manufacture, distribution, and 

possession of Alcoholic Beverages 

within the Tribal lands of the Choctaw 

Nation of Oklahoma; 

B. To employ such persons as may be 

reasonably necessary to perform all 

administrative and regulatory 


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responsibilities of the Alcohol 

Regulatory Authority hereunder. All 

such employees shall be employees of 

the Tribe; 

C. To issue Licenses permitting the 

sale, manufacture, distribution, and 

possession of Alcoholic Beverages 

within the Tribal lands; 

D. To give reasonable notice and to 

hold hearings on violations of this 

Ordinance, and for consideration of the 

issuance or revocation of Licenses 

hereunder; 

E. To deny applications and renewals 

for Licenses and revoke issued Licenses 

as provided in this Ordinance; 

F. To bring such other actions as may 

be required to enforce this Ordinance; 

G. To prepare and deliver such 

reports as may be required by law or 

regulation; and 

H. To collect taxes, fees, and penalties 

as may be required, imposed, or allowed 

by law or regulation, and to keep 

accurate books, records, and accounts of 

the same. 

Section 5.2. Right of Inspection. 

Any premises or location of any 

commercial enterprise licensed to 

manufacture, distribute, or sell 

Alcoholic Beverages pursuant to this 

Ordinance shall be open for inspection 

by the Alcohol Regulatory Authority for 

the purpose of insuring the compliance 

or noncompliance of the Licensee with 

all provisions of this Ordinance and any 

applicable Tribal laws or regulations. 

Section 5.3. Limitation of Powers. 

In the exercise of its powers and 

duties under this Ordinance, agents, 

employees, or any other affiliated 

persons of the Alcohol Regulatory 

Authority shall not, whether 

individually or as a whole accept any 

gratuity, compensation, or other thing of 

value from any Alcoholic Beverage 

wholesale, retailer, or distributor, or 

from any Applicant or Licensee. 

ARTICLE VI. RULES, REGULATIONS, 

AND ENFORCEMENT. 

Section 6.1. Manufacture, Sale, or 

Distribution Without License. 

Any person who manufactures, 

distributes, sells, or offers for sale or 

distribution, any Alcoholic Beverage in 

violation of this Ordinance, or who 

operates any commercial enterprise on 

Tribal lands that has Alcoholic 

Beverages for sale or in their possession 

without a proper License properly 

posted, as required in Section 4.17, shall 

be in violation of this Ordinance. 

Section 6.2. Unlawful Purchase. 

Any person who purchases any 

Alcoholic Beverage on Tribal lands from 

a person or commercial enterprise that 

does not have a License to manufacture, 

distribute, or sell Alcoholic Beverages 

properly posted shall be in violation of 

this Ordinance. 

Section 6.3. Intent to Sell. 

Any person who keeps, or possesses, 

or causes another to keep or possess, 

upon his person or any premises within 

his control, any Alcoholic Beverage, 

with the intent to sell or to distribute 

the same contrary to the provisions of 

this Ordinance, shall be in violation of 

this Ordinance. 

Section 6.4. Sale to Intoxicated Person. 

Any person who knowingly sells or 

serves an Alcoholic Beverage to a 

person who is visibly intoxicated shall 

be in violation of this Ordinance. 

Section 6.5. Public Conveyance. 

Any person engaged in the business of 

carrying passengers for hire, and every 

agent, servant, or employee of such 

person, who shall knowingly permit any 

person to consume any Alcoholic 

Beverage in any such public conveyance 

shall be in violation of this Ordinance. 

Section 6.6. Age of Consumption. 

No person under the age of twentyone (21) years may possess or consume 

any Alcoholic Beverage on Tribal lands, 

and any such possession or 

consumption shall be in violation of this 

Ordinance. 

Section 6.7. Serving Underage Person. 

No person shall sell or serve any 

Alcoholic Beverage to a person under 

the age of twenty-one (21) or permit any 

such person to possess or consume any 

Alcoholic Beverages on the premises or 

on any premises under their control. 

Any Licensee violating this section shall 

be guilty of a separate violation of this 

Ordinance for each and every Alcoholic 

Beverage sold or served and or 

consumed by such an underage person. 

Section 6.8. False Identification. 

Any person who purchases or who 

attempts to purchase any Alcoholic 

Beverage through the use of false, or 

altered identification that falsely 

purports to show such person to be over 

the age of twenty-one (21) years shall be 

in violation of this Ordinance. 

Section 6.9. Documentation of Age. 

Any seller or server of any Alcoholic 

Beverage shall be required to request 

proper and satisfactory documentation 

of age of any person who appears to be 

thirty-five (35) years of age or younger. 

When requested by a seller or server of 

Alcoholic Beverages, every person shall 

be required to present proper and 

satisfactory documentation of the 

bearer’s age, signature, and photograph 

prior to the purchase or delivery of any 

Alcoholic Beverage. For purposes of this 

Ordinance, proper and satisfactory 

documentation shall include one or 

more of the following: 

A. Drivers License or personal 

identification card issued by any state 

department of motor vehicles or tribal or 

federal government agency; 

B. United States active duty military 

credentials; 

C. Passport. 

Any seller, server, or person 

attempting to purchase an Alcoholic 

Beverage, who does not comply with the 

requirements of this section shall be in 

violation of this Ordinance and subject 

to civil penalties, as determined by the 

Alcohol Regulatory Authority. 

Section 6.10. General Penalties. 

A. Any person or commercial 

enterprise determined by the Alcohol 

Regulatory Authority to be in violation 

of this Ordinance, including any lawful 

regulation promulgated pursuant 

thereto, shall be subject to a civil 

penalty of not more than Five Hundred 

Dollars ($500.00) for each such 

violation, except as provided herein. 

The Alcohol Regulatory Authority may 

adopt by resolution a separate written 

schedule for fines for each type of 

violation, taking into account the 

seriousness and threat the violation may 

pose to the general public health and 

welfare. Such schedule may also 

provide, in the case of repeated 

violations, for imposition of monetary 

penalties greater than the Five Hundred 

Dollars ($500.00) per violation 

limitation set forth above. The civil 

penalties provided for herein shall be in 

addition to any criminal penalties that 

may be imposed under any other Tribal, 

Federal, or State laws. 

B. Any person or commercial 

enterprise determined by the Alcohol 

Regulatory Authority to be in violation 

of this Ordinance, including any lawful 

regulation promulgated pursuant 

thereto, may be subject to ejection or 

exclusion from any Gaming 

Establishment/Facility pursuant to 

Chapter IV Sections 4.02–4.03 of the 

Choctaw Nation of Oklahoma Revised 

Gaming Ordinance and any policies, 

procedures and guidelines related 

thereto. 

Section 6.11. Initiation of Action. 

Any violation of this Ordinance shall 

constitute a public nuisance. The 

Alcohol Regulatory Authority may 

initiate and maintain an action in Tribal 

Court or any court of competent 


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jurisdiction to abate and permanently 

enjoin any nuisance declared under this 

Ordinance. Any action taken under this 

section shall be in addition to any other 

civil penalties provided for in this 

Ordinance. The Alcohol Regulatory 

Authority shall not be required to post 

any form of bond in such action. 

Section 6.12. Contraband; Seizure; 

Forfeiture. 

All Alcoholic Beverages held, owned, 

or possessed within Tribal lands by any 

person, commercial enterprise, or 

Licensee operating in violation of this 

Ordinance are hereby declared to be 

contraband and subject to seizure and 

forfeiture to the Tribe. 

A. Seizure of contraband as defined in 

this Ordinance shall be done by the 

Alcohol Regulatory Authority, with the 

assistance of law enforcement upon 

request, and all such contraband seized 

shall be inventoried and maintained by 

the Alcohol Regulatory Authority 

pending a final order of the Alcohol 

Regulatory Authority. The owner of the 

contraband seized may alternatively 

request that the contraband seized be 

sold and the proceeds received there 

from be maintained by law enforcement 

pending a final order of the Alcohol 

Regulatory Authority. The proceeds 

from such a sale are subject to forfeiture 

in lieu of the seized contraband. 

B. Within ten (10) days following the 

seizure of such contraband, a hearing 

shall be held by the Alcohol Regulatory 

Authority, at which time the operator or 

owner of the contraband shall be given 

an opportunity to present evidence in 

defense of his or her activities. 

C. Notice of the hearing of at least ten 

(10) days shall be given to the person 

from whom the property was seized and 

the owner, if known. If the owner is 

unknown, notice of the hearing shall be 

posted at the place where the 

contraband was seized and at other 

public places on Tribal lands. The 

notice shall describe the property 

seized, and the time, place, and cause of 

seizure, and list the name and place of 

residence, if known, of the person from 

whom the property was seized. If upon 

the hearing, the evidence warrants, or, 

if no person appears as a claimant, the 

Alcohol Regulatory Authority shall 

thereupon enter a judgment of 

forfeiture, and all such contraband shall 

become the property of the Choctaw 

Nation of Oklahoma. If upon the hearing 

the evidence does not warrant forfeiture, 

the seized property shall be 

immediately returned to the owner. 

ARTICLE VII. NUISANCE AND 

ABATEMENT. 

Section 7.1. Nuisance. 

Any room, house, building, vehicle, 

structure, premises, or other location 

where Alcoholic Beverages are sold, 

manufactured, distributed, bartered, 

exchanged, given away, furnished, or 

otherwise possessed or disposed of in 

violation of this Ordinance, or of any 

other Tribal, Federal, or State laws 

related to the transportation, possession, 

distribution or sale of Alcoholic 

Beverages, and including all property 

kept therein, or thereon, and used in, or 

in connection with such violation is 

hereby declared to be a nuisance upon 

any second or subsequent violation of 

the same. 

Section 7.2. Action to Abate Nuisance. 

Upon a determination by the Alcohol 

Regulatory Authority that any such 

place or activity is a nuisance under any 

provision of this Ordinance, the Tribe or 

the Alcohol Regulatory Authority may 

bring a civil action in the Tribal Court 

to abate and to perpetually enjoin any 

such activity declared to be a nuisance. 

Such injunctive relief may include a 

closure of any business or other use of 

the property for up to one (1) year from 

the date of the such injunctive relief, or 

until the owner, lessee, or tenant shall: 

(i) give bond of no less than TwentyFive Thousand dollars ($25,000) to be 

held by the Alcohol Regulatory 

Authority and be conditioned that any 

further violation of this Ordinance or 

other Tribal laws will result in the 

forfeiture of such bond; and (ii) pay of 

all fines, costs and assessments against 

him/her/it. If any condition of the bond 

is violated, the bond shall be forfeit and 

the proceeds recoverable by the Alcohol 

Regulatory Authority through an order 

of the Tribal Court. Any action taken 

under this section shall be in addition 

to any other civil penalties provided for 

in this Ordinance. 

ARTICLE VIII. REVENUE AND 

REPORTING. 

Section 8.1. Use and Appropriation of 

Revenue Received. 

All fees, taxes, payments, fines, costs, 

assessments, and any other revenues 

collected by the Alcohol Regulatory 

Authority under this Ordinance, from 

whatever sources, shall be expended 

first for the administrative costs 

incurred in the administration and 

enforcement of this Ordinance. Any 

excess funds shall be subject to and 

available for appropriation by the 

Alcohol Regulatory Authority to the 

Tribe for essential governmental and 

social services related to drug and 

alcohol education, counseling, 

treatment, and law enforcement. 

Section 8.2. Audit. 

The Alcohol Regulatory Authority 

and its handling of all funds collected 

under this Ordinance is subject to 

review and audit by the Tribe as part of 

the annual financial audit of the 

Alcohol Regulatory Authority. 

Section 8.3. Reports. 

The Alcohol Regulatory Authority 

shall submit to the Tribal Council a 

quarterly report and accounting of all 

fees, taxes, payments, fines, costs, 

assessments, and all other revenues 

collected and expended pursuant to this 

Ordinance. 

ARTICLE IX. MISCELLANEOUS. 

Section 9.1. Severability. 

If any provision or application of this 

Ordinance is found invalid and or 

unenforceable by a court of competent 

jurisdiction, such determination shall 

not be held to render ineffectual any of 

the remaining provisions or applications 

of this Ordinance not specifically 

identified thereby, or to render such 

provision to be inapplicable to other 

persons or circumstances. 

Section 9.2. Construction. 

Nothing in this Ordinance shall be 

construed to diminish or impair in any 

way the rights or sovereign powers of 

the Choctaw Nation of Oklahoma. 

Section 9.3. Effective Date. 

This Ordinance shall be effective 

upon certification by the Secretary of 

the Interior, publication in the Federal 

Register and recorded in the office of 

the Clerk of the Tribal Court. 

Section 9.4. Prior Law Repealed. 

Any and all prior enactments of the 

Choctaw Nation of Oklahoma that are 

inconsistent with the provisions of this 

Ordinance are hereby rescinded. 

Section 9.5. Amendment. 

This Ordinance may only be amended 

by written resolution approved by the 

Tribal Council. 

[FR Doc. 2010–10284 Filed 4–30–10; 8:45 am] 

BILLING CODE 4310–4J–P 


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