[Federal Register Volume 66, Number 207 (Thursday, October 25, 2001)]
[Notices]
[Pages 54022-54025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26839]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Comanche Indian Tribe Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Comanche Indian Tribe Liquor Control 
Ordinance. The Ordinance regulates the control, possession, and sale of 
liquor on Comanche trust lands, in conformity with the laws of the 
State of Oklahoma, where applicable and necessary. Although the 
Ordinance was adopted on April 7, 2001, 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 October 25, 2001.

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: Under the Act of August 15, 1953, Public Law 
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 Comanche Indian Tribe Liquor Control Ordinance, 
Resolution No. 32-01, was duly adopted by the Comanche Business 
Committee on April 7, 2001. The Comanche Indian 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 within 
the Comanche Indian Tribe.
    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 Department Manual 8.1.
    I certify that by resolution No. 32-01, the Comanche Indian Tribe 
Liquor Control Ordinance was duly adopted by the Comanche Business 
Committee on April 7, 2001.

    Dated: October 10, 2001.
Neal A. McCaleb,
Assistant Secretary--Indian Affairs.
    The Comanche Indian Tribe Liquor Control Ordinance, Resolution No. 
32-01, reads as follows:

Comanche Indian Tribe Liquor Control Ordinance

Article I. Declaration of Public Policy and Purpose

    (1) The Comanche Business Committee finds that exclusive tribal 
control and regulation of liquor is necessary to protect the health and 
welfare of tribal members, to address specific concerns relating to 
alcohol use in Comanche Indian Country, and to achieve maximum economic 
benefit to the Tribe.
    (2) The introduction, possession and sale of liquor in Comanche 
Indian Country is a matter of special concern to the Comanche Business 
Committee.
    (3) The Comanche Business Committee finds that a complete ban on 
liquor within Comanche Indian Country is ineffective and unrealistic. 
However, it recognizes the need for strict regulation and control over 
liquor transactions within Comanche Indian Country because of the many 
potential problems associated with the unregulated or inadequately 
regulated sale, possession, distribution and consumption of liquor.
    (4) Federal law forbids the introduction, possession, and sale of 
liquor in Indian country except when the 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 
substitute for, compliance with the laws of the State of Oklahoma.
    (5) It is in the best interests of the Tribe to enact a tribal 
ordinance governing liquor sales in Comanche Indian Country and which 
provides for exclusive purchase, distribution, and sale of liquor only 
on tribal lands within the exterior boundaries of Comanche Indian 
Country. Further, the Tribe has determined that said purchase, 
distribution and sale shall take place on designated Comanche tribal 
land only.

Article II. Definitions

    As used in this title, the following words shall have the following 
meanings unless the context clearly require otherwise:
    (a) Alcohol. 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 process produced.
    (b) Alcoholic Beverage. This term is synonymous with the term 
liquor as defined in paragraph (1)(g) of this Article.
    (c) Bar. 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. 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) Business Committee. The governing body of the Comanche Indian 
Tribe, as defined in Article VI of the Comanche Constitution approved 
by the Commissioner of Indian Affairs on January 9, 1967, as ratified 
by the tribal membership on November 19, 1966.
    (f) Comanche Indian Country. For the purposes of this ordinance, 
Comanche Indian Country means all lands within the exterior boundaries 
of the former Kiowa, Comanche and Apache reservation over which the 
Comanche Indian Tribe exercises jurisdiction; provided, that it shall 
not include lands

[[Page 54023]]

held jointly in trust for the Kiowa, Comanche and Apache tribes.
    (g) Liquor. All fermented, spirituous, vinous, or 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 alcohol, beer, 
wine, brandy, whiskey, run, 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 contain more than one half of one percent of alcohol.
    (h) Liquor Control Board. The Comanche Indian Tribe Liquor Control 
Board as established by Article III of this Ordinance.
    (i) Liquor Store. Any store at which liquor is sold and, for the 
purpose of this Ordinance, includes stores where only a portion of 
which are devoted to sale of liquor or beer.
    (j) Malt Liquor. Beer, strong beer, ale, stout or porter.
    (k) Package. Any container or receptacle used for holding liquor.
    (l) Public Place. 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 room of 
hotels, restaurants, theaters, gaming facilities, entertainment 
centers, stores, garages, and filing stations which are open to and/or 
generally used by the public and to which the public is permitted to 
have generally 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.
    (m) Sale and Sell. The exchange, barter and traffic, including the 
selling or supplying or distributing, by any 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.
    (n) Spirits. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent of alcohol by 
weight.
    (o) Tribal Court. Refers to the Comanche Tribal Court or a court of 
competent jurisdiction.
    (p) Wine. Any alcoholic 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 seventeen percent of alcohol 
by weight, including sweet wines fortified with wine spirits, such as 
port, sherry, muscatel and angelia, not exceeding seventeen percent of 
alcohol by weight.

Article III. Comanche Indian Tribe Liquor Control Board

    (1) There is hereby established a Comanche Indian Tribe Liquor 
Control Board, composed of a Chairperson, Vice-Chairperson, Secretary-
Treasurer, and four (4) members.
    (2) The Comanche Indian Tribe Liquor Control Board shall consist of 
the officers and members of the Comanche Business Committee.
    (3) Officers and members of the Comanche Business Committee shall 
hold the same positions on the Comanche Indian Tribe Liquor Control 
Board as such officers and members hold on the Business Committee.
    (4) The Comanche Indian Tribe Liquor Control Board shall meet on 
call, but not less than once each calendar quarter, provided ten (10) 
days public notice of its meetings is given.
    (5) The Comanche Indian Tribe Liquor Control Board shall receive a 
stipend in lieu of expenses in an amount set by resolution of the 
Comanche Business Committee.
    (6) A quorum of the Board shall consist of five (5) members and no 
fewer members are required to transact business.

Article IV. Powers and Duties of the Comanche Indian Tribe Liquor 
Control Board

    (1) Powers and Duties. In furtherance of this ordinance, the Liquor 
Control Board shall have the following powers and duties:
    (a) Publish and enforce rules and regulations adopted by the 
Comanche Business Committee governing the sale, manufacture, 
distribution, and possession of alcoholic beverages within Comanche 
Indian Country.
    (b) Employ managers, accountants, security personnel, inspectors 
and such other persons as shall be reasonably necessary to allow the 
Liquor Control Board to perform its function.
    (c) Issue licenses permitting the sale or manufacture or 
distribution of liquor within Comanche Indian Country.
    (d) Hold hearings on violations of this Ordinance or for the 
issuance of revocation of licenses hereunder.
    (e) Bring suit in the Tribal Court or other appropriate court to 
enforce this Ordinance as necessary.
    (f) Determine and seek damages for violation of this Ordinance.
    (g) Make such reports as may be required by the Comanche Business 
Committee.
    (h) Collect taxes and fees levied or set by the Comanche Business 
Committee and keep accurate records, books and accounts.
    (i) Adopt procedures which supplement these regulations 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.
    (2) Limitation on Powers. In the exercise of its powers and duties 
under this Ordinance, the Liquor Control Board and its individual 
members shall not:
    (a) Accept any gratuity, compensation or other thing of value from 
any liquor wholesaler, retailer or distributor or from any licensee.
    (b) Waive the immunity of the Comanche Indian Tribe from suit 
without the express written consent and resolution of the Business 
Committee.
    (3) Inspection Rights. The premises on which liquor is sold or 
distributed shall be open for inspection by the Liquor Control Board 
and/or its staff at all reasonable times for the purposes of 
ascertaining whether the rules and regulations of the Business 
Committee and this ordinance are being complied with.

Article V. Sales of Liquor

    (1) License Required. A person or entity who is licensed by the 
Comanche Indian Tribe may make retail sales of liquor in their facility 
and the patrons of the facility may consume said liquor within the 
facility. The introduction and possession of liquor consistent with 
this Article shall also be allowed. All other purchases and sales of 
liquor within Comanche Indian Country shall be prohibited. Sales of 
liquor and alcoholic beverages within Comanche Indian Country may only 
be made at businesses that hold a Comanche Indian Tribe Liquor License.
    (2) Sales for Cash. All liquor sales within Comanche Indian Country 
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.
    (3) Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any alcoholic 
beverages with

[[Page 54024]]

Comanche Indian Country is prohibited. Any person who is not licensed 
pursuant to this Ordinance who purchases an alcoholic beverage within 
Comanche 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 Comanche Indian Tribe as set forth 
herein.

Article VI. Licensing and Application

    (1) Procedure. In order to control the proliferation of 
establishments within Comanche Indian Country that sell or serve liquor 
by the bottle or by the drink, all persons or entities that desire to 
sell liquor within Comanche Indian Country must apply to the Comanche 
Indian Tribe Liquor Control Board for a license to sell or serve 
liquor.
    (2) Application. Any enrolled member of the Comanche Tribe twenty-
one (21) years of age and older, or an enrolled member of a federally-
recognized tribe twenty-one (21) years of age and older, or other 
person twenty-one years of age and older, may apply to the Liquor 
Control Board for a license to sell or serve liquor. Any person or 
entity applying for a license to sell or serve liquor within Comanche 
Indian Country must fill in the application provided for this purpose 
by the Comanche Indian Tribe and pay such application fee as may be set 
from time to time by the Business Committee. 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 liquor.
    (3) Licensing Requirements. The person applying for such license 
must make a showing once a year, and must satisfy the Liquor Control 
Board that he/she is a person of good moral character, that he/she has 
never been convicted of violating any of the laws prohibiting the 
traffic in any spirituous, vinous, fermented or malt liquors, or of any 
of the gambling laws of the State, or any other state of the United 
States, or has a felony conviction preceding the date of his/her 
application for a license, or any of the laws commonly called 
``prohibition laws,'' or had any permit or license to sell any 
intoxicating liquors revoked in any county of this State and that at 
the time of his/her application for a license, he/she is not the holder 
of a retail liquor dealer's permit or license from the United States 
Government to engage in the sale of intoxicating liquor.
    (4) Processing of Application. The Liquor Control Board shall 
receive and process applications and related matters. All actions by 
the Liquor Control Board shall be by majority vote. A quorum of the 
Liquor Control Board is that number of members set forth in Article 
III, paragraph (6) of this Ordinance. The Liquor Control Board may, by 
resolution, authorize a staff representative to issue licenses for the 
sale of liquor and beer products.
    (5) Issuance of License. The Liquor Control Board may issue a 
license if it believes that such issuance is in the best interests of 
the Comanche Indian Tribe. The purpose of this Ordinance is to permit 
liquor sales and consumption at facilities located on designated 
Comanche Country lands. Issuance of a license for any other purposes 
will not be considered to be in the best interests of the Comanche 
Indian Tribe.
    (6) Period of License. Each license shall be issued for a period 
not to exceed one (1) year from the date of issuance.
    (7) Renewal of License. A licensee may renew its license if the 
licensee has complied in full with this Ordinance; provided however, 
that the Liquor Control Board 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 Comanche Indian Tribe.
    (8) Revocation of License. The Liquor Control Board may suspend or 
revoke a license due to one or more violations of this Ordinance 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.
    (9) Hearings. Within fifteen (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 
Liquor Control Board under this Ordinance, the licensee may deliver to 
the Liquor Control Board 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 Liquor Control Board and a 
written decision will be issued. Such decisions will be considered 
final unless an appeal is filed with the Tribal Court within fifteen 
(15) calendar days of the date of mailing the decision to the licensee. 
The Tribal Court will then conduct a hearing and will issue an order, 
which is final with no further right of appeal. All proceedings 
conducted under all sections of this Ordinance shall be in accord with 
due process of law.
    (10) Non-transferability of Licenses. Licenses issued by the Liquor 
Control Board shall not be transferable and may only be utilized by the 
person or entity in whose name it is issued.

Article VII. Taxes

    (1) Sales Tax. The Liquor Control Board shall have the authority, 
as may subsequently be specified under tribal law, to collect tax on 
each retail sale of alcoholic beverages within Comanche Indian Country 
based upon a percent of the retail sale price. All taxes from the sale 
of alcoholic beverages within Comanche Indian Country shall be 
deposited in the General Treasury of the Comanche Indian Tribe.
    (2) Taxes Due. All taxes for the sale of liquor and alcoholic 
beverages within Comanche Indian Country are due on or before 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% 
per month.
    (4) Reports. Along with payment of the taxes imposed herein, the 
taxpayers shall submit, in the form specified by the Liquor Control 
Board, a quarterly accounting of all income from the sale or 
distribution of liquor, as well as for the taxes collected.
    (5) Audit. As a condition of obtaining a license, an applicant must 
agree to the review or audit of its books and records relating to the 
sale of liquor and alcoholic beverages within Comanche Indian Country. 
Said review or audit may be done periodically, or when deemed necessary 
by the Tribe, to verify the accuracy of reports.

Article VIII. 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 shall in any manner sell or offer for sale or 
distribution or transport liquor in violation of this Ordinance shall 
be subject to civil damages assessed by the Liquor Control Board.
    (3) Any person within the boundaries of Comanche Indian Country who 
buys liquor from any person other than a properly licensed facility 
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 Article, shall be guilty of a violation of this 
Ordinance.

[[Page 54025]]

    (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 twenty-one (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 twenty-one (21) 
years to consume liquor on his premises or any premises under his 
control. Any person violating this prohibition 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 twenty-one (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 twenty-one (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 that falsely 
purports to show the individual to be over the age of twenty-one (21) 
years shall be guilty of violating this Ordinance.
    (11) Any person guilty of violation of this Ordinance shall be 
liable to pay the Comanche Indian Tribe the amount of $1,000 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 identification card; or
    (c) Passport.
    (13) The consumption or possession of liquor on premises where such 
consumption or possession is contrary to the terms of this Ordinance 
will result in a declaration that such liquor is contraband. Any tribal 
agent, employee or officer who is authorized by the Liquor Control 
Board to enforce this Ordinance shall seize all contraband and preserve 
it in accordance with provisions established for the preservation of 
impounded property.
    Upon being found in violation of the ordinance, 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 Comanche Indian Tribe.

Article IX. 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 a nuisance.
    (2) The Chairman of the Liquor Control Board or, if the Chairman 
fails or refuses to do so, by a majority vote, the Liquor Control Board 
shall institute and maintain an action in the Tribal Court in the name 
of the Comanche Indian Tribe to abate and perpetually enjoin any 
nuisance declared under this Article. 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 (1) 
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 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 applicable tribal 
laws. If any conditions of the bond be 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, vehicle, 
building, structure, or place against which such action is brought is a 
public nuisance.

Article X. 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 Business Committee for essential and social services.

Article XI. Severability and Effective Date

    (1) If any provision under this Ordinance is determined by court 
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 previous liquor control enactments of the Business 
Committee which are inconsistent with this Ordinance are hereby 
rescinded.

Article XII. Amendment and Construction

    (1) This Ordinance may only be amended by vote of the Comanche 
Business Committee.
    (2) Nothing in this Ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Comanche Indian 
Tribe or its tribal government.
[FR Doc. 01-26839 Filed 10-24-01; 8:45 am]
BILLING CODE 4310-02-P