[Federal Register Volume 69, Number 123 (Monday, June 28, 2004)]
[Notices]
[Pages 36098-36100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14558]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Cherokee Nation Sale and Consumption of Alcoholic Beverages

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Cherokee Nation Liquor Control 
Legislative Act. The Act regulates and controls the possession, sale 
and consumption of liquor on the Cherokee Nation. The land is located 
on trust land and this Act allows for the possession and sale of 
alcoholic beverages on the Cherokee Nation and will increase the 
ability of the tribal government to control the Nation's liquor 
distribution and possession, and at the same time will provide an 
important source of revenue for the continued operation and 
strengthening of the tribal government and the delivery of tribal 
services.

EFFECTIVE DATE: This Act is effective on June 28, 2004.

FOR FURTHER INFORMATION CONTACT: Karen Ketcher, Eastern Oklahoma 
Regional Office, Division of Tribal Government, P.O. Box 8002, 
Muskogee, Oklahoma 74402-8002; Telephone (918) 781-4685; or 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, Pub. 
L. 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the Supreme 
Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of the 
Interior shall certify and publish in the Federal Register notice of 
adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Cherokee Nation adopted its 
Legislative Act 9-04 on March 15, 2004. The purpose of this Act is to 
govern the sale, possession and distribution of alcohol on the Cherokee 
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 Liquor Ordinance, a Legislative Act of the 
Cherokee Nation, was duly adopted by the Cherokee Nation Tribal Council 
on March 15, 2004.

David W. Anderson,
Assistant Secretary--Indian Affairs.

    The Cherokee Nation Liquor Control Legislative Act 9-04 reads as 
follows:

An Act

Legislative Act 9-04

    A Legislative Act Amending Legislative Act 41-03 ``The 
Cherokee Nation Limited Mixed Beverage Sales Act'', Relating to 
Cherokee Nation Enterprises, Inc. and Adding New Language in Section 
8: Sales of Liquor and Declaring an Emergency

    Be It Enacted By the Cherokee Nation:

Section 1. Title and Codification

    This Act shall be known as ``The Cherokee Nation Limited Mixed 
Beverage Sales Act'' and codified as ---------- (Title) ---------- 
(Section) ----------of the Cherokee Nation Code Annotated.

Section 2. Authority

    This legislation is enacted in compliance with the Act of August 
15, 1953, 67 Stat. 586, codified at 18 U.S.C. Section 1161, and by the 
authority of the Cherokee Nation Tribal Council under Article V, 
Section 7 of the Constitution of the Cherokee Nation.

Section 3. Purpose

    This Act authorizes the Board of Directors of Cherokee Nation 
Enterprises, Inc. (CNE), a wholly owned tribally chartered corporation, 
to establish retail liquor sales at designated locations within its 
hotel, restaurant and/or casino operations located on trust land. The 
purpose of this Act is to regulate and control the possession and sale 
of liquor by CNE as a licensee. This enactment will increase the 
ability of the Cherokee Nation to control the sale, distribution and 
possession of liquor at limited and designated areas on tribal trust 
land occupied by CNE.

Section 4. Application of 18 U.S.C. 1161

    Federal law requires that any authorization for the sale of liquor 
or other alcoholic beverages must be in conformity with the laws of the 
State and approved by an ordinance (law) duly adopted by the tribe 
having jurisdiction over such area of Indian country. All acts and 
transactions under this law of the Cherokee Nation shall be in 
conformity with federal law and with the laws of the State of Oklahoma 
as applicable.

Section 5. Effective Date

    This Act shall be effective on certification by the Secretary of 
the Interior and its publication in the Federal Register.

Section 6. Definitions

    As used in this Act, the following words shall have the following 
meanings unless the context clearly requires otherwise:
    (a) ``Alcohol'' means the substance known as ethyl alcohol, 
hydrated oxide of ethyl, ethanol, or spirits of wine, from whatever 
source or by whatever process produced.
    (b) ``Alcoholic Beverage'' is synonymous with the term ``liquor'' 
as defined in this Chapter.
    (c) ``Board of Directors'' means the Board of Directors of Cherokee 
Nation Enterprises, Inc.
    (d) ``Liquor'' includes mixed beverages and 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, rum, 
gin, aromatic bitters, and all drinks or drinkable liquids and all 
preparations or

[[Page 36099]]

mixtures capable of human consumption and any liquid, semisolid, solid, 
or other substances, which contains more than one half of one percent 
of alcohol.
    (e) ``Sale'' or ``Sell'' includes exchange, barter and traffic; and 
also includes the selling or supplying or distribution, by any means 
whatsoever, of liquor.
    (f) ``Tax Commission'' this term refers to the Cherokee Nation Tax 
Commission.
    (g) ``Trust Land'' means those lands which are held in trust by the 
United States for the Cherokee Nation and not for any individual 
Indian.

Section 7. Powers of Enforcement

    Section 1. The Tax Commission. In furtherance of this Act, the Tax 
Commission shall have the power:
    (a) To issue licenses and publish and enforce rules and regulations 
adopted by the Tax Commission governing the sale, consumption and 
possession of alcoholic beverages and to establish procedure for 
conducting hearings related to licensing.
    (b) To take all necessary steps to enforce this Act including the 
collection of fees, taxes and damages related thereto.

Section 8. Sales of Liquor

    Section 1. The Tax Commission is authorized to issue liquor 
licenses to CNE. Sales of liquor and alcoholic beverages shall only be 
made by CNE pursuant to a license issued by the Tax Commission. CNE 
shall designate to the Tax Commission each location where alcoholic 
beverages are proposed to be sold and a separate license shall be 
issued to CNE by the Tax Commission for each such location; provided 
that licenses shall only be issued for locations within the Nation's 
hotel, restaurant or casino operations on trust land. The license 
issued by the Tax Commission shall be in addition to any license 
required under applicable state law.
    Section 2. Sale for Personal Consumption. All sales shall be for 
the personal use and consumption of the purchaser. Resale of any 
alcoholic beverage is prohibited. Any person who is not licensed 
pursuant to this Act who purchases an alcoholic beverage and sells it, 
whether in the original container or not, shall be guilty of a crime 
and up to one (1) year imprisonment and/or $500.00 fine if convicted.

Section 9. Taxes

    Section 1. Excise Tax. In lieu of any otherwise applicable tribal 
sales tax on the retail sale of liquor for alcoholic beverages, there 
shall be an excise tax in the amount of two percent (2%) of the retail 
sales price. These revenues shall be used to promote mental health and 
related issues associated with substance abuse and shall be reserved 
for expenditure as provided for in the annual budget by the Cherokee 
Nation Health Service. The Board of Directors shall be entitled to make 
recommendation as to how these revenues are expended.

Section 10. Rules, Regulations, and Enforcement

    Section 1. Any person who shall sell or offer for sale, 
distribution or transportation in any manner, liquor in violation of 
this Act, or who shall operate or shall have liquor for sale in his 
possession without a license, shall be guilty of a violation of this 
Act subjecting him or her to prosecution for a crime and up to one (1) 
year imprisonment and/or $500.00 fine if convicted.
    Section 2. Any person who buys liquor from any person other than a 
properly licensed facility shall be guilty of a violation of this Act 
subjecting him or her to prosecution for a crime and up to one (1) year 
imprisonment and/or $500.00 fine if convicted.
    Section 3. 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 violation of this Act subjecting him or 
her to prosecution for a crime and up to one (1) year imprisonment and/
or $500.00 fine if convicted.
    Section 4. 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 
Act subjecting him or her to prosecution for a crime and up to one (1) 
year imprisonment and/or $500.00 fine if convicted.
    Section 5. 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 in violation of this 
Act subjecting him or her to prosecution for a crime and up to one (1) 
year imprisonment and/or $500.00 fine if convicted.
    Section 6. Any person who attempts to purchase an alcoholic 
beverage through the use of false or altered identification which 
falsely purports to show the individual to be over the age of 21 years 
shall be guilty of violating this Act subjecting him or her to 
prosecution for a crime and up to one (1) year imprisonment and/or 
$500.00 fine if convicted.
    Section 7. 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:
    (1) Driver's license or identification card issued by any state 
department of motor vehicles;
    (2) United States Active Duty Military;
    (3) Passport.
    Section 8. Liquor which is possessed, including for sale, contrary 
to the terms of this Act is declared to be contraband. Any tribal law 
enforcement officer who is authorized to enforce this section shall 
seize all contraband and preserve it in accordance with the provisions 
established for the preservation of impounded property.
    Section 9. Upon being found in violation of the Act, the party 
shall forfeit all right, title and interest in the items seized which 
shall become the property of the Cherokee Nation.

Section 11. Severability and Effective Date

    Section 1. If any provision or application of this Act is 
determined by review to be invalid, such determination shall not be 
held to render ineffectual the remaining portions of this Act or to 
render such provisions inapplicable to other persons or circumstances.

    Enacted by the Council of the Cherokee Nation on the 15th day of 
March 2004.

Joe Grayson, Jr.,

President, Council of the Cherokee Nation.

Attest:

Bill John Baker,

Secretary, Council of the Cherokee Nation.

    Approved and signed by the Principal Chief this 22nd day of 
March 2004.

Chad Smith,

Principal Chief, Cherokee Nation.

Attest:

Callie Catcher,

Secretary/Treasurer, Cherokee Nation.

Yeas and Nays as Recorded:


Audra Smoke-Connor.........................  YEA
Bill John Baker............................  YEA
Joe Crittenden.............................  ABSENT
Jackie Bob Martin..........................  YEA
Phyllis Yargee.............................  YEA
David W. Thornton, Sr......................  YEA
Don Garvin.................................  YEA
Linda Hughes-O'Leary.......................  ABSENT
Melvina Shotpouch..........................  NAY
Meredith A. Frailey........................  YEA
John F. Keener.............................  NAY

[[Page 36100]]

 
Cara Cowan.................................  YEA
Buel Anglen................................  YEA
William G. Johnson.........................  YEA
Charles ``Chuck'' Hoskin...................  YEA
 


[FR Doc. 04-14558 Filed 6-25-04; 8:45 am]
BILLING CODE 4310-4J-P