[Federal Register Volume 65, Number 248 (Tuesday, December 26, 2000)]
[Notices]
[Pages 81541-81543]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-32812]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Otoe-Missouria Tribe of Oklahoma Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Otoe-Missouria Tribe of Oklahoma 
Liquor Ordinance. The Ordinance regulates the control of, the 
possession of, and the sale of liquor on the Otoe-Missouria Tribe trust 
lands, and is in conformity with the laws of the State of Oklahoma, 
where applicable and necessary. Although the Ordinance was adopted on 
April 13, 2000, it does not become effective until published in the 
Federal Register because the failure to comply with the ordinance may 
result in criminal charges.

DATES: This Ordinance is effective on December 26, 2000.

FOR FURTHER INFORMATION CONTACT: Kaye Armstrong, Office of Tribal 
Services, 1849 C Street, NW, MS 4631-MIB, Washington, DC 20240-4001; 
telephone (202) 208-4400.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transaction in Indian country. The Otoe-Missouria Tribe of Oklahoma 
Liquor Ordinance, Resolution No. OMTC #43-FY-00, was duly adopted by 
the Otoe-Missouria Tribal Council on April 13, 2000. The Otoe-Missouria 
Tribe, in furtherance of its economic and social goals, has taken 
positive steps to regulate retail sales of alcohol and use revenues to 
combat alcohol abuse and its debilitating effects among individuals and 
family members with the Otoe-Missouria Tribe of Oklahoma.
    This notice is being published in accordance with the authority 
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 Departmental Manual 9.
    I certify that by Resolution No. OMTC #43-FY-00, the Otoe-Missouria 
Tribe of Oklahoma Liquor Ordinance, was duly adopted by the Otoe-
Missouria Tribal Council on April 13, 2000.

    Dated: December 12, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
The Otoe-Missouria Tribal Council Liquor Ordinance, Resolution No. OMTC 
#43-FY-00, reads as follows:

Liquor Control Ordinance of the Otoe-Missouria Tribe of Oklahoma

Introduction

    Title. This Ordinance shall be known as the ``Otoe-Missouria Tribe 
of Oklahoma Liquor Ordinance.''
    Authority. This ordinance is enacted pursuant to the Act of August 
15, 1953, 67 Stat. 586, codified at 18 U.S.C. 1161, by the authority of 
the Otoe-Missouria Tribal Council under the Constitution and Bylaws of 
the Otoe-Missouria Tribe of Oklahoma.
    Purpose. The purpose of this ordinance is to regulate and control 
the possession and sale of liquor within the Indian Country Otoe-
Missouria Tribe of Oklahoma. The enactment of a tribal ordinance 
governing liquor possession and sale on the Otoe-Missouria Tribe of 
Oklahoma Indian Country will increase the ability of the tribal 
government to control the sale, distribution and possession of liquor 
and will provide an important source of revenue for the continued 
operation and strengthening of the tribal government and the delivery 
of tribal government services.
    Effective date.
    This ordinance shall be effective on certification by the Secretary 
of the Interior and its publication in the Federal Register.

Article I. Declaration of Public Policy and Purpose

    (1) The introduction, possession, and sale of liquor in the Otoe-
Missouria Tribe of Oklahoma are a matter of special concern to the 
Otoe-Missouria Tribe.
    (2) Federal law forbids the introduction, possession and sale of 
liquor in Indian Country (18 U.S.C. 1154 and other statutes), except 
when same is 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.
    (3) The Otoe-Missouria Tribal Council finds that a complete ban on 
liquor within the Otoe-Missouria Tribe of Oklahoma Indian Country is 
ineffective and unrealistic. However, it recognizes that a need still 
exists for strict regulation and control over liquor transactions 
within the Otoe-Missouria Tribe of Oklahoma Indian Country because of 
the many potential problems associated with the unregulated or 
inadequately regulated sale, possession, distribution, and consumption 
of liquor. The Otoe-Missouria Tribal Council finds that exclusive 
tribal control and regulation of liquor is necessary to achieve maximum 
economic benefit to the Tribe, to protect the health and welfare of 
tribal members, and to address specific concerns relating to alcohol 
use on the Otoe-Missouria Tribe of Oklahoma Indian Country.
    (4) It is in the best interests of the Tribe to enact a tribal 
ordinance governing liquor sales on the Otoe-Missouria Tribe of 
Oklahoma Indian Country, which provides for purchase, distribution, and 
sale of liquor only on tribal lands within the exterior boundaries of 
the Otoe-Missouria Tribe of Oklahoma Indian Country. Further, the Tribe 
has determined that said purchase, distribution, and sale shall take 
place only at a tribally-owned gaming facility complex.

Article II. Definitions

    (1) As used in the title, the following words shall have the 
following meaning unless the context clearly requires otherwise:
    (a) Alcohol means that substance known as ethyl alcohol, hydrated 
oxide of ethyl, alcohol, hydrated oxide of ethyl, ethanol, or spirits 
of wine, from whatever source or by whatever source or by whatever 
process produced.
    (b) Alcoholic Beverage is synonymous with the term liquor as 
defined in Article II(f) of this Chapter.
    (c) Bar means any establishment with special space and 
accommodations for the sale of liquor by the glass and for consumption 
on the premises as herein defined.
    (d) Beer means any beverage obtained by the alcoholic fermentation 
of an infusion or decoction of pure hops, or pure extract of hops and 
pure barley malt or other wholesome grain or cereal in pure water and 
containing the percent of alcohol by volume subject to regulation as an 
intoxicating beverage in the state where the beverage is located.
    (e) Otoe-Missouria Tribal Council means the governing body of the 
Otoe-Missouria Tribe of Oklahoma.
    (f) Liquor includes all fermented, spirituous, vinous, malt liquor, 
or combinations thereof, and mixed liquor a part of which is fermented, 
and every liquid or solid or semisolid or other substance, patented or 
not, containing distilled or rectified spirits, potable

[[Page 81542]]

alcohol, beer, wine, brandy, whiskey, rum, gin aromatic bitters, and 
all drinks or drinkable liquids and all preparations or mixtures 
capable of human consumption and any liquid, semisolid, solid, or other 
substances, which contains more than one-half of 1 percent of alcohol.
    (g) Liquor Store means any store at which liquor is sold and, for 
the purpose of this ordinance, including stores only a portion of which 
are devoted to sale of liquor or beer.
    (h) Malt Liquor means beer, strong beer, ale, stout and porter.
    (i) Package means any container or receptacle used for holding 
liquor.
    (j) Public Place includes state, county, tribal, federal highways, 
or 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 
are generally used by the public and to which the public is permitted 
to have unrestricted access; public conveyances of all kinds and 
character; and all other places of like or similar nature to which the 
general public has unrestricted right of access and which are generally 
used by the public.
    (k) Sale and Sell include exchange, barter and traffic, and also 
include the selling or supplying or distributing by and means 
whatsoever, of liquor, or of any liquid known or described as beer or 
by any name whatsoever commonly used to describe malt or brewed liquor 
or of wine by any person to any person.
    (l) Spirits mean any beverage which contains alcohol obtained by 
distillation including wines exceeding 17 percent of alcohol by weight.
    (m) Wine means any alcohol beverage obtained by fermentation of the 
natural contents of fruits, vegetables, honey, milk or other products 
containing sugar, whether or not other ingredients are added, to which 
any saccharine substances may have been added before, during or after 
fermentation, and containing not more than 17 percent of alcohol by 
weight, including sweet wines fortified with wine spirits such as port, 
sherry, muscatel and angelica, not exceeding 17 percent of alcohol by 
weight.
    (n) Otoe-Missouria Tribe of Oklahoma General Council means the 
general council of the Otoe-Missouria Tribe of Oklahoma which is 
composed of the voting membership of the Tribe.
    (o) Otoe-Missouria Tribe of Oklahoma Indian Country means all lands 
which are recognized by the Federal Government as the Otoe-Missouria 
Tribe of Oklahoma Indian Country.
    (p) Tribal Court means the Otoe-Missouria Tribe of Oklahoma Tribal 
Court.

Article III. Powers of Enforcement

    (1) Otoe-Missouria Tribal Council. In furtherance of this 
ordinance, the Tribal Council shall have the following powers and 
duties:
    (a) To publish and enforce rules and regulations adopted by the 
Tribal Council governing the sale, manufacture, distribution, and 
possession of alcoholic beverages on the Otoe-Missouria Tribe of 
Oklahoma Indian Country;
    (b) To employ managers, accountants, security personnel, inspectors 
and such other persons shall be reasonably necessary to allow the 
Tribal Council to perform its function. Such employees shall be tribal 
employees;
    (c) To bring suit in the Tribal Court or other appropriate Court to 
enforce this ordinance as necessary;
    (d) To determine and seek damages for violation of the ordinance;
    (e) To make such reports as may be required by the Otoe-Missouria 
Tribal Council;
    (f) To collect taxes and fees levied or set by the Otoe-Missouria 
Tribal Council; and
    (g) Keep accurate records, books and accounts.
    (2) Limitation on Powers. In the exercise of its powers and duties 
under this ordinance, the Tribal Council and its individuals members 
shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer, or distributor or from any licensee; 
or
    (b) Waive the immunity of the Otoe-Missouria Tribe of Oklahoma from 
suit without the express written consent and resolution of the Tribal 
Council.
    (3) Inspection Rights. The premises on which liquor is sold or 
distributed shall be open for inspection by the Tribal Council at all 
reasonable times for the purposes of ascertaining whether the rules and 
regulations of the Tribal Council and this ordinance are being complied 
with.

Article IV. Sales of Liquor

    (1) The Otoe-Missouria Tribe may make retail sales of liquor in 
gaming facilities owned by the Tribe and the patrons of the Tribe's 
gaming facilities may consume said liquor on the gaming facility 
complex. The introduction and possession of liquor consistent with this 
section shall also be allowed. All other purchases and sales of liquor 
within the Otoe-Missouria Tribe of Oklahoma Indian Country shall be 
prohibited.
    (2) Sales for Cash. All liquor sales on the Otoe-Missouria Tribe of 
Indian Country shall be on a cash only basis and no credit shall be 
extended to any person, organization, or entity, except that the 
provision does not prevent the payment for purchases with use of credit 
cards such as Visa, MasterCard, American Express, etc.
    (3) Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any alcoholic 
beverage on the Otoe-Missouria Tribe of Oklahoma Indian Country is 
prohibited. Any person who purchases an alcoholic beverage on the Otoe-
Missouria Tribe of Oklahoma Indian Country and sells it, whether in the 
original container or not, shall be guilty of a violation of this 
ordinance and shall be subjected to paying damages to the Otoe-
Missouria Tribe of Oklahoma as set forth herein.

Article V. Taxes

    (1) Tax Levied. There is hereby levied a liquor tax of 5 percent on 
the sale of each and every alcoholic beverage sold within the Otoe-
Missouria Tribe of Oklahoma Indian Country. The incidence of said tax 
shall be on the consumer. The liquor tax shall be collected by the 
gaming facility and paid over to the Otoe-Missouria Tribe Tax 
Commission as provided herein.
    (2) Taxes Due. All taxes for the sale of liquor and alcoholic 
beverages on the Otoe-Missouria Tribe of Oklahoma Indian Country are 
due on the 15th day of the month following the end of the calendar 
quarter for which the taxes are due.
    (3) Delinquent Taxes. Past due taxes shall accrue interest at 2 
percent per month.
    (4) Reports. Along with payment of the taxes imposed herein, the 
taxpayer shall submit a quarterly accounting of all income from the 
sale or distribution of liquor, as well as for the taxes collected.

Article VI. Rules, Regulations and Enforcement

    (1) In any proceeding under this ordinance, conviction of one 
unlawful sale or distribution of liquor shall establish prima facie 
intent of unlawfully keeping liquor for sale, selling liquor or 
distributing liquor in violation of this ordinance.
    (2) Any person who buys liquor within the boundaries of the Otoe-
Missouria Tribe of Oklahoma Indian Country contrary to this ordinance 
shall be guilty of a violation of this ordinance.

[[Page 81543]]

    (3) Any person who sells or offers for sale any liquor within the 
boundaries of the Otoe-Missouria Tribe of Oklahoma Indian Country shall 
be guilty of a violation of this ordinance.
    (4) Any person who keeps or possesses liquor 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 title, shall be guilty of a violation of this 
ordinance.
    (5) Any person who knowingly sells liquor to a person under the 
influence of liquor shall be guilty of a violation of this ordinance.
    (6) 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 liquor in 
any public conveyance shall be guilty of an offense. Any person who 
shall drink liquor in a public conveyance shall be guilty of a 
violation of this ordinance.
    (7) No person under the age of 21 years shall consume, acquire or 
have in his possession any liquor or alcoholic beverage. No person 
shall permit any other person under the age of 21 to consume liquor on 
his premises or any premises under his control except in those 
situations set out in this section. Any person violating this section 
shall be guilty of a separate violation of this ordinance for each and 
every drink so consumed.
    (8) Any person who shall sell or provide any liquor to any person 
under the age of 21 years shall be guilty of a violation of this 
ordinance for each sale or drink provided.
    (9) Any person who transfers in any manner an identification of age 
to a person under the age of 21 years for the purpose of permitting 
such person to obtain liquor 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 ordinance.
    (10) Any person who attempts to purchase an alcoholic beverage 
through the use of false or altered identification which falsely 
supports to show the individual to be over the age of 21 years shall be 
guilty of violating this ordinance.
    (11) Any person guilty of a violation of this ordinance shall be 
liable to pay the Otoe-Missouria Tribe of Oklahoma the amount of $500 
per violation as civil damages to defray the Tribe's cost of 
enforcement of this ordinance.
    (12) When requested by the provider of liquor, any person shall be 
required to present official documentation of the bearer's age, 
signature and photograph. Official documentation includes one of the 
following:
    (a) Driver's license or identification card issued by any state 
department of motor vehicles;
    (b) United States Active Duty Military; or
    (c) Passport.
    (13) Liquor which is possessed, including for sale, contrary to the 
terms of this ordinance is declared to be contraband. Any tribal agent, 
employee or officer who is authorized by the Tribal Council to enforce 
this section shall seize all contraband and preserve it in accordance 
with the provisions established for the reservation of impounded 
property.
    (14) Upon being found in violation of the ordinance, the party 
shall forfeit all right, title and interest in the items seized which 
shall become the property of the Otoe-Missouria Tribe of Oklahoma.

Article VII. Abatement

    (1) Any room, house, building, vehicle, structure, or other place 
where liquor is sold, manufactured, bartered, exchanged, given away, 
furnished, or otherwise disposed of in violation of the provisions of 
this ordinance or of any other tribal law relating to the manufacture, 
importation, transportation, possession, distribution, and sale of 
liquor, and all property kept in and used in maintaining such place, is 
hereby declared to be a nuisance.
    (2) The Chairman of the Tribal Council or, if the Chairman fails or 
refuses to do so, by a majority vote, the Tribal Council shall 
institute and maintain an action in the Tribal Court in the name of the 
Tribe to abate and perpetually enjoin any nuisance declared under this 
article. In addition to other remedies at tribal law, the Tribal Court 
may also order the room, house, building, vehicle, structure, or place 
closed for a period of 1 year or until the owner, lessee, tenant, or 
occupant thereof shall give bond of a 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 Tribe and conditioned that liquor will not be thereafter 
manufactured, kept, sold, bartered, exchanged, given away, furnished, 
or otherwise disposed of in violation of the provisions of this 
ordinance or of any other violation of this ordinance or other tribal 
liquor laws. If any conditions of the bond are violated, the bond may 
be applied to satisfy any amounts due to the Tribe under this 
ordinance.
    (3) In all cases where any person has been found in violation of 
this ordinance relating to the manufacture, importation, 
transportation, possession, distribution, and sale of liquor, an action 
may be brought to abate as a nuisance any real estate or other property 
involved in the violation of the ordinance and violation of this 
ordinance shall be prima facie evidence that the room, house, building, 
vehicle, structure, or place against which such action is brought is a 
public nuisance.

Article VIII. Revenue

    Revenue provided for under this ordinance, from whatever source, 
shall be expended for administrative costs incurred in the enforcement 
of this ordinance. Excess funds shall be subject to appropriation by 
the Tribal Council for essential governmental and social services.

Article IX. Severability and Effective Date

    (1) If any provision or application of this ordinance is determined 
by review to be invalid, such determination shall not be held to render 
ineffectual the remaining portions of this ordinance or to render such 
provisions inapplicable to other persons or circumstances.
    (2) This ordinance shall be effective on such date as the Secretary 
of the Interior certifies this ordinance and publishes the same in the 
Federal Register.
    (3) Any and all prior liquor control enactments of the Tribal 
Council which are inconsistent with the provisions of this ordinance 
are hereby rescinded.

Article X. Amendment and Construction

    (1) This ordinance may only be amended by a vote of the Tribal 
Council, the governing body of the Otoe-Missouria Tribe of Oklahoma.
    (2) Nothing in this ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Otoe-Missouria 
Tribe of Oklahoma or its tribal government.

[FR Doc. 00-32812 Filed 12-22-00; 8:45 am]
BILLING CODE 4310-02-M