[Federal Register Volume 68, Number 250 (Wednesday, December 31, 2003)]
[Notices]
[Pages 75619-75625]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-32043]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Cheyenne and Arapaho Tribes of Oklahoma Alcohol Beverage Control 
Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Cheyenne and Arapaho Tribes of 
Oklahoma Alcohol Beverage Control Ordinance. The ordinance regulates 
and controls distribution, sale, consumption, possession, inspection, 
licensing, enforcement and legal compliance associated with the 
introduction of alcohol on the Cheyenne and Arapaho Tribes of Oklahoma 
Tribal Land.

EFFECTIVE DATE: This Code is effective on December 31, 2003.

FOR FURTHER INFORMATION CONTACT: Ralph Gonzales, Office of Tribal 
Services, 1951 Constitution Avenue NW, MS-320-SIB, Washington, DC 
20240, Telephone (202) 513-7629.

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 
transactions in Indian country. The Cheyenne and Arapaho Tribes of 
Oklahoma adopted Tribal Ordinance No. 051702S080 on May 17, 2002. The 
purpose of this ordinance is to govern the distribution, sale, 
consumption, possession, inspection, licensing, enforcement and legal 
compliance associated with the introduction of alcohol on the Cheyenne 
and Arapaho Tribes of Oklahoma Tribal Land.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Principal Deputy Assistant 
Secretary--Indian Affairs.
    I certify that Liquor Ordinance No. 051702S080 was duly adopted by 
the Tribal Council of the Cheyenne and Arapaho Tribes of Oklahoma on 
May 17, 2002.

    Dated: December 19, 2003.
Aurene M. Martin,
Principal Deputy Assistant Secretary--Indian Affairs.

The Cheyenne and Arapaho Tribes of Oklahoma

Alcohol Beverage Control Ordinance

Chapter I--Introduction
    101--Title. This Ordinance shall be known as the ``Cheyenne and 
Arapaho Tribes of Oklahoma Alcohol Beverage Control Ordinance.''
    102--Authority. This Ordinance is enacted pursuant to the Act of 
August 15, 1953. Pub. L. 83-277, 67 Stat. 586, 18 U.S.C. Sec.  1161 and 
article IV, Sec.  2, of the Constitution and By-Laws of the Cheyenne-
Arapaho Tribes of Oklahoma.
    103--Purpose. The purpose of this Ordinance is to regulate and 
control the manufacture, distribution, possession,

[[Page 75620]]

and sale of Alcohol Beverages on Tribal lands of the Cheyenne and 
Arapaho Tribes of Oklahoma. The enactment of this Ordinance will 
enhance the ability of the Tribal government to control all such 
alcohol-related activities within the jurisdiction of the Tribes 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.
    104--Application of 18 U.S.C. Sec.  1161. ``Federal law forbids the 
introduction, possession and sale of liquor in Indian Country (18 
U.S.C. Sec.  1154 and other statutes), except when same is in 
conformity both with the laws of the State and the Tribe (18 U.S.C. 
Sec.  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.
    105--Administration of Ordinance. The Business Committee, under its 
powers vested under the Constitution and Bylaws and this Ordinance, 
delegates to the Cheyenne and Arapaho Tax Commission the authority to 
exercise all of the powers and accomplish all of the purposes as set 
forth in this Ordinance, which may include the following actions:
    A. Adopt and enforce rules and regulations for the purpose of 
effectuating this Ordinance, which includes the setting of fees;
    B. Execute all necessary documents; and
    C. Perform all matters and things incidental to and necessary to 
conduct its business and carry out its duties and functions under this 
Ordinance.
    106--Sovereign Immunity Preserved.
    A. The Tribes, are immune from suit in any jurisdiction except to 
the extent that such immunity has been expressly and unequivocally 
waived in writing by the Tribes.
    B. Nothing in this Ordinance shall be construed as waiving the 
sovereign immunity of the Tribes or any of its constituent parts as 
described above, except that after exhaustion of the administrative 
remedies provided herein, a person appealing a final decision made 
pursuant to this Ordinance by the Tax Commission may appeal to the 
Tribal Court as specified in this Ordinance and such rules and 
regulations as may be prescribed by the Tax Commission.
    107--Applicability. This Ordinance shall apply to all Tribal 
enterprises located within Tribal lands, consistent with applicable 
federal Indian liquor laws.
    108--Computation of Time. Unless otherwise provided in this 
Ordinance, in computing any period of time prescribed or allowed by 
this Code, the day of the act, event, or default from which the 
designated period 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 papers mailed shall be deemed served 
at the time of mailing.
    109--Liberal Construction. 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.
    110--Applicable Taxes. The Tax Commission shall enforce all 
applicable and lawful taxes imposed on the sale of Alcohol Beverages. 
The failure of any licensee to pay applicable taxes on the sale of 
alcohol may subject the licensee to, among other things, the revocation 
of said license.
Chapter II--Declaration of Public Policy
    201--Matter of Special Interest. The manufacture, distribution, 
possession, sale, and consumption of Alcohol Beverages within the 
jurisdiction of the Cheyenne and Arapaho Tribes of Oklahoma is a matter 
of significant concern and special interest to the Tribes.
    The Business Committee hereby declares that the policy of the 
Tribes is to eliminate the problems associated with unlicensed, 
unregulated, and unlawful importation, distribution, manufacture, and 
sale of Alcohol Beverages for commercial purposes and to promote 
temperance in the use and consumption of Alcohol Beverages by 
increasing Tribal control over such activities on Tribal land.
    202--Federal Law. The introduction of Alcohol Beverages within the 
jurisdiction of the Tribes is currently prohibited by federal law (18 
U.S.C. Sec.  1154) except as provided for therein, and the Tribes are 
expressly delegated the right to determine when and under what 
conditions Alcohol Beverages shall be permitted thereon (18 U.S.C. 
Sec.  1161).
    203--Need for Regulation. The Tribes find that the Federal 
prohibition upon manufacture, distribution, possession, sale, and 
consumption of Alcohol Beverages has proven ineffective and that the 
problems associated with same should be addressed by the laws of the 
Tribes, with all such business activities related thereto subject to 
the taxing and regulatory authority of the Cheyenne and Arapaho Tribes 
Tax Commission.
    204--Locations. The Tribes find that the manufacture, distribution, 
possession, sale, and consumption of Alcohol Beverages shall be 
licensed under this Ordinance only where such activity will be 
conducted within or upon Tribal land.
Chapter III--Definitions
    As used in this Ordinance, the following words shall have the 
following meanings unless the context clearly requires otherwise:
    Alcohol. ``Alcohol'' means the product of distillation of fermented 
liquid, whether or not rectified or diluted with water, but does not 
mean ethyl or industrial alcohol, diluted or not, that has been 
denatured or otherwise rendered unfit for beverage purposes.
    301--Alcohol Beverage. ``Alcohol Beverage'' when used in this 
Ordinance means, and shall include liquor, beer, or spirits of 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 
where the beverage is sold.
    302--Applicant. ``Applicant'' means any ``person'' who submits an 
application to the Tax Commission for an Alcohol Beverage license and 
who has not yet received such a license.
    303--Business Committee. ``Business Committee'' means the duly 
elected Business Committee of the Cheyenne and Arapaho Tribes of 
Oklahoma.
    304--Constitution. ``Constitution'' means the Constitution and By-
Laws of the Cheyenne and Arapaho Tribes of Oklahoma.
    305--License. ``License'' means an Alcohol Beverage license issued 
by the Cheyenne and Arapaho Tax Commission authorizing the importation, 
manufacture, distribution, or sale of Alcohol Beverages for commercial 
purposes under the provisions of this Ordinance.
    306--Licensee. ``Licensee'' means a Tribal enterprise that holds an 
Alcohol Beverage license issued by the Tax Commission and includes any 
employee or agent of the Licensee.
    307--Liquor store. ``Liquor store'' means any store or 
establishment at which liquor is sold and shall include any and all 
businesses engaged in the sale of Alcohol Beverages, whether sold as 
packaged or by the drink.
    308--Manufacturer. ``Manufacturer'' means any person engaged in the 
manufacture of Alcohol Beverage.

[[Page 75621]]

    309--Ordinance. ``Ordinance'' means the Cheyenne and Arapaho Tribes 
of Oklahoma Alcohol Beverage Control Ordinance, as hereafter amended.
    310--Package. ``Package'' means the sale of an Alcohol Beverage by 
delivery of same by a seller to a purchaser in any container, bag, or 
receptacle for consumption beyond the premises or the location 
designated on the license.
    311--Public Place. ``Public place'' means and shall include Tribal, 
county, State, or Federal highways, roads, and rights-of-way; 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 than the owner of same but shall 
not include the private, family residence of any person.
    312--Sale. ``Sale'' and ``Sell'' means the exchange, barter, 
traffic, furnishing, or giving away for commercial purpose an Alcohol 
Beverage by any and all means, by whatever name commonly used to 
describe the same, by any person to another.
    313--Tax Commission. ``Tax Commission'' means the Cheyenne and 
Arapaho Tax Commission created pursuant to the Cheyenne and Arapaho 
Tribes of Oklahoma General Revenue and Taxation Act of 1988.
    314--Tribal land(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 located within the former reservation boundary 
of the Cheyenne and Arapaho Tribes of Oklahoma, including all tribally 
owned trust lands located within same as are now in existence or may 
hereafter be added to.
    315--Tribal Law. ``Tribal law'' means the Tribal Constitution and 
all laws, Ordinances, codes, resolutions, and regulations now and 
hereafter duly enacted by the Tribes.
    316--Tribes. ``Tribes'' shall mean the Cheyenne and Arapaho Tribes 
of Oklahoma.
Chapter IV--Sales of Alcohol Beverage
    401--Prohibition of the Unlicensed Sale of Alcohol Beverages. This 
Ordinance prohibits the importation, manufacture, distribution, or sale 
of Alcohol Beverages for commercial purposes, other than where 
conducted by a Tribal enterprise in accordance with this Ordinance. No 
license shall be issued to any person or entity other than a Tribal 
enterprise. 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 Federal law.
    402--License Required. Any and all sales of Alcohol Beverages 
conducted upon Tribal land shall be permitted only where the seller 
holds a current Alcohol Beverage license duly issued by the Cheyenne 
and Arapaho Tax Commission. A licensee has the right to engage only in 
those Alcohol Beverage transactions expressly authorized by such 
license in accordance with this Ordinance.
    403--Sales for Cash. All sales of Alcohol Beverages conducted 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 credit cards acceptable to the seller (including but not 
limited to VISA, MasterCard, or American Express).
    404--Personal Consumption. All sales shall be for the personal use 
and consumption of the purchaser or his/her guest(s). The resale of any 
Alcohol Beverage purchased within or upon Tribal lands by an unlicensed 
seller is prohibited.
    405--Consumption of Liquor. No Tribal operator shall permit any 
person to open or consume liquor on his or her premises or any premises 
adjacent thereto and in his or her control. The Commission will allow 
the consumption of liquor and shall identify where liquor may be 
consumed on Tribal Trust lands.
Chapter V--Licensing
    501--Eligibility. Only applicants operating upon Tribal lands and 
owned and operated by the Cheyenne and Arapaho Tribes of Oklahoma shall 
be eligible to receive a license for the sale of any Alcohol Beverage.
    502--Application Process. The Tax Commission may cause a license to 
be issued to any applicant as is deemed appropriate and not contrary to 
the best interests of the Tribes and its Tribal members. Any applicant 
that desires to be licensed to sell Alcohol Beverages and that meets 
the eligibility requirements of Sec.  501 must apply to the Tax 
Commission of the Cheyenne and Arapaho Tribes for a license to sell or 
to serve Alcohol Beverages. Any such person as may be empowered to make 
such application shall fully and accurately complete an application 
provided by the Tax Commission, and shall pay such application fee as 
may be required by the Tax Commission.
    503--Classes of Licenses. The Tax Commission shall have the 
authority to issue the following classes of Alcohol Beverage licenses:
    A. ``Retail on-sale general license'' means a license authorizing 
the licensee to sell Alcohol Beverages at retail to be consumed by the 
buyer only on the premises or at the location designated in the 
license. This class includes, but is not limited to, hotels where 
alcohol beverages may be sold for consumption on the premises and in 
the rooms of bona fide registered guests.
    B. ``Retail on-sale beer and wine license'' means a license 
authorizing the licensee to sell beer and wine at retail to be consumed 
by the buyer only on the premises or at the location designated in the 
license. This class 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-sale general license'' means a license authorizing 
the licensee to sell Alcohol 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-sale beer and wine license'' means a license 
authorizing the licensee to sell 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. ``Manufacturers license'' means a license authorizing the 
applicant to manufacture Alcohol Beverages for the purpose of sale 
within Tribal land.
    F. ``Temporary license'' means a license authorizing the sale of 
Alcohol Beverages on a temporary basis for premises temporarily 
occupied by the licensee for a picnic, social gathering, or similar 
occasion. Temporary licenses may not be renewed upon expiration. A new 
application must be submitted for each such license.
    504--Application Form and Content. An application for a license 
shall be made to the Tax Commission 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 and directors, and other 
employees with primary management responsibility related to the sale of 
Alcohol Beverages;

[[Page 75622]]

    B. The specific area, location, and/or premise(s) for which the 
license is applied for;
    C. The hours that the applicant will sell the Alcohol Beverages;
    D. For Temporary Licenses, the dates for which the license is 
sought to be in effect;
    E. The class of Alcohol Beverage license applied for as set forth 
in Sec.  503;
    F. Whether the applicant has a state liquor license;
    G. A sworn statement by the applicant to the effect that none of 
the applicant's officers and directors, and employees with primary 
management responsibility related to the sale of Alcohol Beverage, were 
ever convicted of a felony under any law, 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 verified under oath and notarized by a 
duly authorized representative.
    505--Public Hearing. Upon receipt of an application for issuance or 
renewal of a license, and the payment of any fees required by the Tax 
Commission, the Tax Commission shall set the matter for a public 
hearing. Notice of the time and place of the hearing shall be given to 
the applicant and the public at least twenty (20) calendar days before 
the hearing. Notice shall be given to the applicant by prepaid U.S. 
mail at the address listed in the application. Notice shall be given to 
the public by publication in a newspaper of general circulation sold on 
the Tribal lands. The notice published in the newspaper shall include 
the name of the applicant, whether the action involves a new issuance 
or renewal, the class of license applied for, and a general description 
of the area where the alcohol will be or has been sold. At the hearing, 
the Tax Commission shall hear from any person who wishes to speak for 
or against the application. The Tax Commission shall have the authority 
to place time limits on each speaker and limit or prohibit repetitive 
testimony.
    506--Action on the Application. The Tax Commission shall act on the 
matter within thirty (30) days of the conclusion of the public hearing. 
The Tax Commission shall have the authority to deny, approve, or 
approve with conditions the application, consistent with the laws of 
the Tribes, including Article III, Section 2 of the Constitution and 
Bylaws. Upon approval of an application, the Tax Commission shall issue 
a license to the applicant in a form to be approved from time to time 
by the Tax Commission.
    507--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 has materially misrepresented facts contained in 
the application;
    B. The applicant is presently not in compliance with this ordinance 
or 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 Tribes;
    D. The applicant has failed to complete the application properly or 
has failed to tender the appropriate fee.
    E. A verdict or judgment of guilty has been entered against or a 
plea of nolo contendere has been entered by an applicants' officer or 
director, or an employee with primary management responsibility related 
to the sale of Alcohol Beverages, to any offense under Federal or State 
law prohibiting or regulating the sale, use, possession or giving away 
of Alcohol Beverages.
    508--Temporary Denial. If the application is denied solely on the 
basis of subsection 507(D) the Tax Commission shall, within fourteen 
(14) days of receipt of the application, issue a written notice of 
temporary denial to the applicant. Such notice shall set forth the 
reasons for denial and shall state that the denial will become 
permanent if the problem(s) is not corrected within fifteen (15) days 
following receipt of the notice.
    509--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.
    510--Investigation. Upon receipt of an application for the 
issuance, transfer, or renewal of a license, the Tax Commission shall 
make a thorough investigation to determine whether the applicant and 
the premises for which a license is applied for qualify for a license 
and whether the provisions of this Ordinance have been complied with, 
and shall investigate all matters connected therewith which may affect 
the public health, welfare, and morals.
    511--Term and Renewal of License. Each license shall be issued 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 Tribes. The applicant shall renew a license by, not less than 90 
days prior to the license's expiration date, submitting a written 
renewal application to the Tax Commission on the provided form.
    512--Procedures for Appealing a Denial or Condition of Application. 
Any applicant for a license or licensee who believes the denial of 
their license, request for renewal, or condition imposed on their 
license was wrongfully determined may appeal the decision of the Tax 
Commission in accordance with the Tax Commission Rules and Regulations. 
For purposes of appeal, an applicant or licensee shall stand in the 
place of a ``taxpayer'' as that term is used in the Tax Commission 
Rules and Regulations appeal procedure. For purposes of appeal, the 
action being complained of shall stand in the place of the term ``the 
tax,'' where appropriate, as that term is used in the Tax Commission 
Rules and Regulations appeal procedure.
    513--Revocation of License. The Tax Commission may initiate action 
to revoke a licence whenever it is brought to the attention of the 
Commission that a licensee:
    A. has materially misrepresented facts contained in any license 
application;
    B. is not in compliance with Tribal or federal laws material to the 
issue of licensing;
    C. failed to comply with any condition of a license, including 
failure to pay taxes on the sale of Alcohol Beverages or failure to pay 
a required fee;
    D. has had a verdict, or judgment of guilty entered against, or has 
had a plea of nolo contendere entered by one of its officers or 
directors, or managers with primary responsibility over the sale of 
Alcohol Beverages, as to any offense under Federal or State law 
prohibiting or regulating the sale, use, or possession, of Alcohol 
Beverages;
    E. failed to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the licensed premises or any 
adjacent area within a reasonable time after receipt of a notice to 
make such corrections has been received from the Tax Commission; or
    F. has had their Oklahoma liquor license suspended or revoked.
    514--Initiation of Revocation Proceedings. Revocation proceedings 
are initiated either: (1) By the Tax Commission, on its own motion and 
through the adoption of an appropriate resolution meeting the 
requirements of this section; or (2) by any person who files an 
accusation with the Tax Commission. The accusation shall be in writing 
and signed by the maker. Both the accusation and resolution shall state 
facts showing that there are specific grounds under this Ordinance 
which would authorize the Tax Commission to revoke the license(s). The 
Tax Commission shall cause the matter to be

[[Page 75623]]

set for a hearing before the Tax Commission on a date no later than 30 
days from the Commission's receipt of an accusation or adoption of the 
resolution. Notice of the time, date, and place of the hearing shall be 
given to the licensee and the public in the same manner as set forth in 
section 505. The notice shall state that the licensee has the right to 
file a written response to the accusation or resolution, verified under 
oath and signed by the licensee, no later than ten (10) days prior to 
the hearing date.
    515--Hearing. Any hearing held on any accusation shall be held 
under such rules and regulations as the Tax Commission may prescribe. 
Both the licensee and the person filing the accusation shall have the 
right to present witnesses to testify and to present written documents 
in support of their positions to the Tax Commission. The Commission 
shall render its decision within sixty (60) days after the date of the 
hearing. The decision of the Commission shall be final. Except that any 
person so aggrieved may file action in the Tribal Court provided that 
all administrative remedies have been exhausted.
    516--Delivery of License. Upon revocation of a license, the 
enterprise shall forthwith deliver up the license to the Tax 
Commission.
    517--Transferability of Licenses. Alcohol Beverage licenses shall 
be issued to a specific licensee for use at a single business location 
(business enterprise) and shall not be transferable for use by any 
business or location. Separate licenses shall be issued for each of the 
premises of any business establishment having more than one address.
    518--Posting of License. Every licensee shall post and keep posted 
its license(s) in a conspicuous place(s) on the licensed premises.
Chapter VI--Powers of Enforcement
    601--Tax Commission Authority. In furtherance of this Ordinance, 
the Tax Commission shall have exclusive authority to administer and 
implement this Ordinance and shall have the following powers and duties 
hereunder:
    (a) To publish and enforce rules and regulations governing the 
sale, manufacture, distribution, and possession of Alcohol Beverages 
within the Tribal lands of the Cheyenne and Arapaho Tribes of Oklahoma;
    (b) To employ such persons as may be reasonably necessary to 
perform all administrative and regulatory responsibilities of the Tax 
Commission hereunder. All such employees shall be Tribal employees;
    (c) To issue licenses permitting the sale, manufacture, 
distribution, and possession of Alcohol 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 bring such other actions as may be required to enforce this 
Ordinance;
    (f) To prepare and deliver such reports as may be required by law 
or regulation; and
    (g) 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 same.
    602--Right of Inspection. Any business premises licensed to 
manufacture, distribute, or sell alcohol pursuant to this Ordinance 
shall be open for inspection by the Tax Commission for the purpose of 
insuring the compliance or noncompliance of the licensee with all 
provisions of this Ordinance and any applicable Tribal law or 
regulation.
    603--Limitation on Powers. In the exercise of its powers and duties 
under this Ordinance, members of the Tax Commission shall not, whether 
individually or as a whole,
    (a) Accept any gratuity, compensation or other thing of value from 
any Alcohol Beverage wholesale, retailer, or distributor, or from any 
applicant or licensee of the Tribes;
    (b) Waive the sovereign immunity of the Cheyenne and Arapaho Tribes 
of Oklahoma, or of any agency, commission, or entity thereof without 
the express written consent of the Business Committee.
Chapter VII--Taxes
    701--Excise Tax. There is hereby levied and shall be collected a 
tax on each retail and wholesale sale of Alcohol Beverages on Tribal 
land in the amount of one percent (1%) of the retail sales price. All 
taxes from the sale of such Alcohol Beverages shall be paid into a 
separate account under exclusive authority of the Tax Commission. This 
tax may be adjusted as requested by the Tax Commission and approved by 
the Business Committee.
    702--Taxes Due. All taxes for the sale of Alcohol Beverages under 
this Ordinance are due on the 15th day of the month following the end 
of the calendar quarter for which taxes are due.
    703--Delinquent Taxes. Past due taxes shall accrue interest at the 
rate of two percent (2%) per month until paid.
    704--Reports. Along with the payment of taxes imposed hereby, the 
licensee shall submit a quarterly report and accounting of all income 
from the sale or distribution of Alcohol Beverages, and for the taxes 
collected.
    705--Audit. All licensees are subject to the review or audit of its 
books and records relating to the sale of Alcohol Beverages hereunder 
by the Tax Commission. Such review or audit may be performed 
periodically by Tax Commission's agents or employees at such times as 
in the opinion of the Tax Commission such review or audit is 
appropriate to the proper enforcement of this Ordinance.
Chapter VIII--Rules, Regulations, and Enforcement
    801--Sale or Distribution Without License. Any person who sells or 
offers for sale or distribution any Alcohol Beverage in violation of 
this Ordinance, or who operates a business on Tribal land and has 
Alcohol Beverage(s) for sale in his possession without a license shall 
be in violation of this Ordinance.
    802--Unlawful Purchase. Any person who purchases any Alcohol 
Beverage on Tribal lands from a person or business who is not licensed 
by the tribes to sell Alcohol Beverages shall be in violation of this 
Ordinance.
    803--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, an Alcohol Beverage, with the intent to sell or to distribute 
same contrary to the provisions of this Ordinance, shall be in 
violation of this Ordinance.
    804--Sale to Intoxicated Person. Any person who knowingly sells an 
Alcohol Beverage to a person who is intoxicated shall be in violation 
of this Ordinance.
    805--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 drink an Alcohol 
Beverage in any such public conveyance shall be in violation of this 
Ordinance.
    806--Age of Consumption. No person under the age to twenty-one (21) 
years shall possess or consume any Alcohol Beverage on Tribal lands.
    807--Serving Underage Person. No person shall serve an Alcohol 
Beverage to a person under the age of 21 or permit any such person to 
consume alcohol on the premises or on any premises under his control. 
Any licensee violating this section shall be guilty of a separate 
violation of this Ordinance for each and every drink served and/or 
consumed.
    808--False Identification. Any person who purchases or who attempts 
to

[[Page 75624]]

purchase an Alcohol Beverage through the use of false, or altered 
identification that falsely purports to show the person to be over the 
age of 21 years shall be in violation of this Ordinance.
    809--Documentation of Age. When requested by a seller of Alcohol 
Beverages, any person shall be required to present proper and 
satisfactory documentation of the bearer's age, signature, and 
photograph. 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.
    810--General Penalties. Any person adjudged to be in violation of 
this Ordinance, including any lawful regulation promulgated pursuant 
thereto, shall be subject to a civil penalty f not more than Five 
Hundred Dollars ($500.00) for each such violation. The Tax Commission 
may adopt by resolution a separate schedule for fines for each type of 
violation, taking into account the seriousness and threat the violation 
may pose to the general 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) limitation 
set forth above. The penalties provided for herein shall be in addition 
to any criminal penalties which may hereafter be imposed under a 
separate Ordinance adopted by the Tribes.
    811--Initiation of Action. Any violation of this Ordinance shall 
constitute a public nuisance. The Tax Commission may initiate and 
maintain an action in Tribal court or any court of competent 
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 penalties provided for in this Ordinance. The 
plaintiff shall not be required to give bond in this action.
    812--Contraband; Seizure; Forfeiture.
    A. All Alcohol Beverages within the Reservation held, owned, or 
possessed by any person or licensee operating in violation of this 
Ordinance is hereby declared to be contraband and subject to seizure 
and forfeiture to the Tribes.
    B. Seizure of contraband as defined in this Ordinance shall be done 
by law enforcement and all such contraband seized shall be inventoried 
and maintained by law enforcement pending final order of the Tax 
Commission and any appeals there from as may be filed with the Tribal 
Court or Supreme Court. The owner of the contraband seized may 
alternatively request that the contraband seized be sold and the 
proceeds received therefrom be maintained by law enforcement pending 
final order of the Tax Commission and any appeals there from. The 
proceeds are subject to forfeiture in lieu of the seized contraband.
    C. Within ten days following the seizure of the contraband, a 
hearing shall be held by the Tax Commission, 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.
    D. Notice of the hearing of at least 10 days shall be given to the 
person from whom the property was seized, if known. If the person is 
unknown, notice of the hearing shall be posted at the place where the 
contraband was seized and at other public places on the Reservation. 
The notice shall describe the property seized, and the time, place, and 
cause of seizure and give 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 Tax Commission shall thereupon enter a 
judgment of forfeiture, and all such property shall be the property of 
the Cheyenne and Arapaho Tribes of Oklahoma.
    If upon the hearing the evidence does not warrant forfeiture, the 
seized contraband shall be immediately returned to the owner.
Chapter IX--Nuisance and Abatement
    901--Nuisance. Any room, house, building, vehicle, structure or 
other place where Alcohol Beverages are sold, manufactured, bartered, 
exchanged, given away, furnished, or otherwise possessed or disposed of 
in violation of this Ordinance, or of any other Tribal law related to 
the transportation, possession, distribution or sale of Alcohol 
Beverages, and including all property kept therein, or thereon, and use 
in, or in connection with the violation is hereby declared to be a 
nuisance upon any second or subsequent violation of same.
    902--Action to Abate Nuisance. Upon a finding that any such place 
or activity is a nuisance under the provision of this Ordinance, the 
Tribes or the Tax Commission 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 order, or until the owner, lessee or tenant shall give bond 
of no less than Twenty-Five Thousand dollars ($25,000) payable to the 
Tribes and conditioned that no further violation of this Ordinance or 
other Tribal Alcohol Beverage law and by payment of all fines, costs 
and assessments against him/her. If any condition of the bond is 
violated, the bond may be recovered and proceeds delivered to the Tax 
Commission for the use of the Tribes. Any action taken under this 
section shall be in addition to any other penalties provided for in 
this Ordinance. Either party may appeal the ruling of the Tribal Court 
to the Supreme Court or may file a motion to reconsider initial ruling 
or enter other appropriate motions.
Chapter X--Revenue and Reporting
    1001--Use and Appropriation of Revenue Received. All revenue 
received by the Tax Commission 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 to appropriation by the Tribes 
for essential governmental, and social services, related to drug and 
alcohol education, counseling and treatment.
    1002--Audit. Tax Commission handling of revenue received under this 
ordinance is subject to review and audit as a part of the annual 
financial audit of the Tax Commission.
    1003--Reports. The Tax Commission shall submit to the Business 
Committee a quarterly report and an accounting of all revenue received 
and expended pursuant to this Ordinance.
Chapter XI--Severability and Effective Date
    1101--If any provision or application of this Ordinance is deemed 
by a court of competent jurisdiction to be invalid and unenforceable, 
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. This Ordinance shall be effective upon 
certification by the Secretary of the Interior and its publication in 
the Federal Register and filing for record in the office of the Clerk 
of the Tribal Court.
    1102--Any and all prior enactments of the Cheyenne and Arapaho 
Tribes of Oklahoma that are inconsistent with the provisions of this 
Ordinance are hereby rescinded.

[[Page 75625]]

Chapter XII--Amendment
    1201--This Ordinance may be amended only in accordance with the 
provisions of the Constitution of the Cheyenne and Arapaho Tribes of 
Oklahoma.

[FR Doc. 03-32043 Filed 12-30-03; 8:45 am]
BILLING CODE 4310-4J-P