[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Notices]
[Pages 20165-20168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7680]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Peoria Tribe of Indians of Oklahoma--Liquor Control Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Peoria Tribe of Indians of 
Oklahoma's (Tribe) Liquor Control Ordinance. The Ordinance regulates 
and controls the possession, sale and consumption of liquor on the 
Tribe's land. This Ordinance allows for the possession and sale of 
alcoholic beverages on tribal land and will increase the ability of the 
tribal government to control liquor distribution and possession. At the 
same time, the Ordinance will provide an important source of revenue 
for the continued operation and strengthening of the tribal government 
and the delivery of tribal services.

DATES: Effective Date: This Act is effective on April 18, 2005.

FOR FURTHER INFORMATION CONTACT: Karen Ketcher, Eastern Oklahoma 
Regional Office, Deputy Regional Director--Indian Services, P.O. Box 
8002, Muskogee, Oklahoma 74402-8002; Telephone (918) 781-4600; 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, 
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 Peoria Business Committee of the 
Peoria Tribe of Indians of Oklahoma adopted its Ordinance by Resolution 
No. R-04-06-04-J on April 6, 2004, and amended it by Resolution No. R-
11-02-04-B on November 2, 2004. The purpose of this Ordinance is to 
govern the sale, possession and distribution of alcohol within Tribal 
land of the Peoria Tribe of Indians of Oklahoma.
    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 Control Ordinance, of the Peoria Tribe 
of Indians of Oklahoma, was duly adopted by the Peoria Business 
Committee on April 6, 2004, and amended on November 2, 2004.

    Dated: April 8, 2005.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.
    The Peoria Tribe of Indians of Oklahoma Liquor Ordinance reads as 
follows:

Section 1. Declaration of Public Policy and Purpose

    a. The Peoria Business Committee, in accordance with Article 
VIII, Section 2(j) of the Constitution of the Peoria Tribe of 
Indians of Oklahoma, is authorized to enact resolutions, ordinances, 
and act on behalf of the Peoria Tribe.
    b. The Peoria Business Committee finds that 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 on tribal lands, and to achieve maximum economic benefit to the 
Tribe.
    c. The introduction, possession and sale of liquor on tribal 
lands is a matter of special concern to the Peoria Business 
Committee.
    d. The Peoria Business Committee finds that a complete ban on 
liquor on tribal lands

[[Page 20166]]

is ineffective and unrealistic. However, it recognizes the need for 
strict regulation and control over liquor transactions on tribal 
lands because of the many potential problems associated with the 
unregulated or inadequately regulated sale, possession, distribution 
and consumption of liquor.
    e. 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.
    f. It is in the best interests of the Tribe to enact tribal 
ordinance governing liquor sales on tribal lands and which provides 
for exclusive purchase, distribution, and sale of liquor only on 
tribal lands within the exterior boundaries of tribal lands. 
Further, the Tribe has determined that said purchase, distribution 
and sale shall take place on designated land only.

Section 2. Definitions

    As used in this ordinance, 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 (f) of this Section.
    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 Peoria Tribe of 
Indians of Oklahoma, as defined in the Tribal Constitution.
    f. 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, 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 contain more 
than one half of one percent of alcohol.
    g. Liquor Control Board. The Peoria Liquor Control Board as 
established by Section 3 of this Ordinance.
    h. 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.
    i. Malt liquor. Beer, strong beer, ale, stout or porter.
    j. Package. Any container or receptacle used for holding liquor.
    k. 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 filling 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.
    l. 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.
    m. Spirits. Any beverage which contains alcohol obtained by 
distillation, including wines exceeding seventeen percent of alcohol 
by weight.
    n. Tribal Court. Refers to the Peoria Tribal Court or, in 
accordance with Article XVI of the Constitution of the Peoria Tribe 
of Indians of Oklahoma, the Court of Indian Offenses, more 
specifically designated for purposes of this Ordinance as 25 CFR 
Court located at the Miami Agency of the Bureau of Indian Affairs in 
Miami, Oklahoma.
    o. Tribal lands. Any or all land over which the Tribe exercises 
governmental power and that is either held in trust by the United 
States for the benefit of the Tribe or individual members of the 
Tribe, or held by the Tribe or individual members of the Tribe 
subject to restrictions by the United States against alienation.
    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.

Section 3. Peoria Liquor Control Board

    a. There is hereby established a Peoria Liquor Control Board, 
composed of a Chairperson, Vice-Chairperson, Secretary, Treasurer 
and three (3) additional members.
    b. The Peoria Liquor Control Board shall consist of the officers 
and members of the Peoria Business Committee.
    c. Officers and members of the Peoria Business Committee shall 
hold the same positions on the Peoria Liquor Control Board as such 
officers and members hold on the Business Committee. The Chief shall 
serve as the Liquor Control Board Chairperson; the Vice-Chief shall 
serve as the Liquor Control Board Vice-Chairperson; the Business 
Committee Secretary shall serve as Secretary of the Liquor Control 
Board; and the Business Committee Treasurer shall serve as Treasurer 
of the Liquor Control Board.
    d. The Peoria 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. The Chairman of the Peoria Liquor 
Control Board shall call meetings of the Liquor Control Board.
    e. A quorum of the Board shall consist of five (5) members and 
no fewer members are required to transact business.

Section 4. Powers and Duties of the Peoria Liquor Control Board

    a. Powers and Duties. In furtherance of this ordinance, the 
Liquor Control Board shall have the following powers and duties:
    (1) Publish and enforce rules and regulations adopted by the 
Peoria Business Committee governing the sale, manufacture, 
distribution, and possession of alcoholic beverages on tribal lands.
    (2) 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.
    (3) Issue licenses permitting the sale or manufacture or 
distribution of liquor on tribal lands.
    (4) Hold hearings on violations of this Ordinance or for the 
issuance of revocation of licenses hereunder.
    (5) Bring suit in the Tribal Court or other appropriate court to 
enforce this Ordinance as necessary.
    (6) Determine and seek damages for violation of this Ordinance.
    (7) Make such reports as may be required by the Peoria Business 
Committee.
    (8) Collect taxes and fees levied or set by the Peoria Business 
Committee and keep accurate records, books and accounts.
    (9) 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.
    b. Limitation on Powers. In the exercise of its powers and 
duties under this Ordinance, the Liquor Control Board and its 
individual members shall not:
    (1) Accept any gratuity, compensation or other thing of value 
from any liquor wholesaler, retailer or distributor or from any 
licensee.
    (2) Waive the immunity of the Peoria Tribe of Indians of 
Oklahoma from suit without the express written consent and 
resolution of the Business Committee.
    c. 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.

[[Page 20167]]

Section 5. Sales of Liquor

    a. License Required. A person or entity who is licensed by the 
Peoria Tribe of Indians of Oklahoma 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 Section shall also be allowed. All other 
purchases and sales of liquor on tribal lands shall be prohibited. 
Sales of liquor and alcoholic beverages on tribal lands may only be 
made at businesses that hold a Peoria Liquor License.
    b. Sales for Cash. All liquor sales on tribal lands 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.
    c. Sale for Personal Consumption. All sales shall be for the 
personal use and consumption of the purchaser. Resale of any 
alcoholic beverages on tribal lands is prohibited. Any person who is 
not licensed pursuant to this Ordinance who purchases an alcoholic 
beverage on tribal lands 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 Peoria Tribe of 
Indians of Oklahoma as set forth herein.

Section 6. Licensing and Application

    a. Procedure. In order to control the proliferation of 
establishments on tribal lands that sell or serve liquor by the 
bottle or by the drink, all persons or entities that desire to sell 
liquor on tribal lands must apply to the Peoria Liquor Control Board 
for a license to sell or serve liquor.
    b. Application. Any enrolled member of the Peoria 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 on 
tribal lands must fill in the application provided for this purpose 
by the Peoria Tribe of Indians of Oklahoma and pay such application 
fee as may be set from time to time by the Liquor Control Board. 
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.
    c. 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 character, having never been 
convicted of violating any of the laws prohibiting the traffic in 
any spirituous, vinous, fermented or malt liquors; that he/she has 
never been convicted of violating any of the gambling laws of this 
state, or any other state of the United States, or of this or any 
other Tribe; that he/she has not had, preceding the date of his/her 
application for a license, a felony conviction of any of the laws 
commonly called ``prohibition laws'; and that he/she has not had any 
permit or license to sell any intoxicating liquors revoked in any 
county of this state, or any other state, or of any Tribe; 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.
    d. 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 Section 
3, paragraph (e) 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.
    e. Issuance of License. The Liquor Control Board may issue a 
license if it believes that such issuance is in the best interests 
of the Peoria Tribe of Indians of Oklahoma. The purpose of this 
Ordinance is to permit liquor sales and consumption at facilities 
located on designated tribal lands. Issuance of a license for any 
other purposes will not be considered to be in the best interests of 
the Peoria Tribe of Indians of Oklahoma.
    f. Period of License. Each license shall be issued for a period 
not to exceed one (1) year from the date of issuance.
    g. 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 Peoria Tribe of Indians of Oklahoma.
    h. 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.
    i. 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.
    j. 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.

Section 7. Taxes

    a. As a condition precedent to the conduct of any operations 
pursuant to a license issued by the Liquor Control Board, the 
licensee must obtain from the Peoria Tribal Tax Commission such 
licenses, permits, tax stamps, tags, receipts, or other documents or 
things evidencing receipt of any license or payment of any tax or 
fee administered by the Peoria Tribal Tax Commission or otherwise 
showing compliance with the tax laws of the Tribe.
    b. In addition to any other remedies provided in this Ordinance, 
the Liquor Control Board may suspend or revoke any licenses issued 
by it upon the failure of the licensee to comply with the 
obligations imposed upon the licensee by the General Revenue and 
Taxation Act of the Peoria Tribe of Indians of Oklahoma, or any 
rule, regulation, or order of the Peoria Tribal Tax Commission.

Section 8. Rules, Regulations and Enforcement

    a. 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.
    b. 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.
    c. Any person within the boundaries of tribal lands who buys 
liquor from any person other than a properly licensed facility shall 
be guilty of a violation of this ordinance.
    d. 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 Section, shall be guilty of a violation of this 
Ordinance.
    e. Any person who knowingly sells liquor to a person who is 
obviously intoxicated or appears to be intoxicated shall be guilty 
of a violation of this Ordinance.
    f. 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.
    g. 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.
    h. 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.
    i. Any person who transfers in any manner an identification of 
age to a person under the

[[Page 20168]]

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.
    j. 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.
    k. Any person guilty of violation of this Ordinance shall be 
liable to pay the Peoria Tribe of Indians of Oklahoma the amount of 
up to $1,000 per violation as civil damages to defray the Tribe's 
cost of enforcement of this Ordinance.
    l. 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 identification card; or
    (3) Passport.
    m. 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 Peoria Tribe of Indians of Oklahoma.

Section 9. Abatement

    a. 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.
    b. 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 Peoria Tribe of Indians of Oklahoma to abate and 
perpetually enjoin any nuisance declared under this Section. 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 are violated, the bond may be applied 
to satisfy any amounts due to the Tribe under this Ordinance.

Section 10. Severability and Effective Date

    a. 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.
    b. 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.
    c. Any and all previous liquor control enactments of the 
Business Committee which are inconsistent with this Ordinance are 
hereby rescinded.

Section 11. Amendment and Construction

    a. This Ordinance may only be amended by vote of the Peoria 
Business Committee.
    b. Nothing in this ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Peoria Tribe 
or its Tribal Government other than the due process provision at 
Section 6(i), which provides that licensees whose licenses have been 
revoked or suspended may seek review of that decision in Tribal 
Court.
    c. Certification
    The foregoing Liquor Control Ordinance of the Peoria Tribe of 
Indians of Oklahoma was duly amended, enacted and approved by the 
Business Committee of the Peoria Tribe of Indians of Oklahoma this 
2nd day of November, 2004, by a vote of:

7 For; ------ Against; ------ Abstain

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John P. Froman,

Chief, Peoria Tribe of Indians of Oklahoma.

Attest:

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Hank Downum,

Secretary, Peoria Tribe of Oklahoma.

[FR Doc. 05-7680 Filed 4-15-05; 8:45 am]
BILLING CODE 4310-4J-P