[Federal Register Volume 71, Number 116 (Friday, June 16, 2006)]
[Notices]
[Pages 34958-34962]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-5447]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Liquor Control Ordinance of the Ottawa Tribe of Oklahoma

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Liquor Control Ordinance of the 
Ottawa Tribe of Oklahoma (Tribe). The Ordinance regulates and controls 
the possession, sale and consumption of liquor within the tribal lands 
of the Tribe. The tribal lands are located on trust land and this 
Ordinance allows for possession and sale of alcoholic beverages within 
its exterior boundaries. This Ordinance will increase the ability of 
the tribal government to control the community'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.

DATES: Effective Date: This Ordinance is effective on June 16, 2006.

FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government 
Services Officer, Eastern Oklahoma Regional Office, 3100 W. Peak Blvd., 
Muskogee, OK 74402, Telephone: (918) 781-4685, Fax: (918) 781-4649; or 
Ralph Gonzales, Office of Tribal Services, 1849 C Street, NW., Room 
4513-MIB, 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 Business Committee of the Ottawa 
Tribe of Oklahoma (Business Committee) adopted its Liquor Ordinance by 
Resolution No. 2005-31 on December 15, 2005, which is the first Liquor 
Ordinance passed by the Tribe. The purpose of this Ordinance is to 
govern the sale, possession and distribution of alcohol within tribal 
lands of the Tribe.
    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 this Liquor Ordinance of the 
Ottawa Tribe of Oklahoma was duly adopted by the Business Committee on 
December 15, 2005.

    Dated: June 8, 2006.
Michael D. Olsen,
Acting Principal Deputy Assistant Secretary--Indian Affairs.

    The Ottawa Tribe of Oklahoma Liquor Ordinance reads as follows:

Liquor Control Ordinance of the Ottawa Tribe of Oklahoma

Section One: Purposes and Public Policy

    1.1 The Ottawa Tribal Business Committee, in accordance with 
Article VI of the Constitution and By-Laws of the Ottawa Tribe of 
Oklahoma, is authorized to enact resolutions, regulations, and 
ordinances, and act on behalf of the Ottawa Tribe.
    1.2 The 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.

[[Page 34959]]

    1.3 The introduction, possession, and sale of alcohol on tribal 
lands is a matter of special concern to the Business Committee.
    1.4 The Business Committee finds that a complete ban of alcohol on 
tribal lands is unrealistic and would be ineffective in accomplishing 
the stated purposes of this Ordinance. However, due to the many 
problems and potential problems associated with the unregulated or 
inadequately regulated sale, distribution, and possession of alcohol, 
the Business Committee recognizes the need for strict regulation and 
control over liquor transactions on tribal lands.
    1.5 Federal law prohibits the introduction, possession, and sale of 
liquor in Indian Country except when the same is in conformity with the 
laws of both the State and the Tribe (18 U.S.C. 1161). Therefore, 
compliance with this Ordinance shall be in addition to, rather than a 
substitute for, compliance with the laws of the State of Oklahoma.
    1.6 This Ordinance governs the sale, purchase, and distribution of 
alcohol on Tribal lands within the exterior boundaries of the former 
reservation.

Section Two: Definitions

    As used in this Ordinance, the terms below shall have these 
meanings unless the context clearly requires otherwise:
    2.1 Alcohol. That substance known as ethyl alcohol, hydrated oxide 
of ethyl alcohol, ethanol, spirits of wine, or the like, from whatever 
source or by whatever process produced.
    2.2 Alcoholic Beverage. Synonymous with the term liquor as defined 
in Section 1.6.
    2.3 Bar. Any establishment with special space and accommodations 
for the sale of liquor by the glass and for consumption on the premises 
as defined here.
    2.4 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.
    2.5 Business Committee. The governing body of the Ottawa Tribe of 
Oklahoma, as defined in the Tribal Constitution.
    2.6 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, solid, semisolid, or other substances which 
contain more than one-half of one percent of alcohol by volume.
    2.7 Liquor Control Board. The Ottawa Liquor Control Board as 
established by Section Three of this Ordinance.
    2.8 Liquor Store. Any store at which liquor is sold and, for the 
purpose of this Ordinance, includes stores where only a portion of 
sales consist of liquor or beer.
    2.9 Malt Liquor. Beer, strong beer, ale, stout, or porter.
    2.10 Package. Any container or receptacle used for holding liquor.
    2.11 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 rooms of 
hotels, restaurants, and 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.
    2.12 Sale. 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.
    2.13 Spirits. Any beverage which contains alcohol obtained by 
distillation, including all wines exceeding seventeen percent of 
alcohol by weight.
    2.14 Tribal Court. Refers to the Ottawa Tribal Court or 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.
    2.15 Tribal Lands. Any or all lands 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.
    2.16 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 the like, not exceeding seventeen percent 
of alcohol by weight.

Section Three: Ottawa Liquor Control Board

    3.1 There is hereby established an Ottawa Liquor Control Board, 
composed of a Chairperson, Vice-Chairperson, Secretary/Treasurer, and 
two additional members.
    3.2 The Liquor Control Board shall consist of the officers and 
members of the Ottawa Business Committee.
    3.3 Officers and members of the Business Committee shall hold the 
same positions on the Liquor Control Board as such officers and members 
hold on the Business Committee. The Principal Chief shall serve as the 
Liquor Control Board Chairperson; the Second Chief shall serve as the 
Vice-Chairperson of the Liquor Control Board; and the Secretary/
Treasurer of the Business Committee shall serve as Secretary/Treasurer 
of the Liquor Control Board.
    3.4 The Liquor Control Board shall meet on call, but not less than 
once each quarter of the calendar year, upon public notice of the 
meeting. The Chairman of the Liquor Control Board shall call meetings 
of the Liquor Control Board.
    3.5 A quorum of the Liquor Control Board shall consist of three 
members. A quorum must be present in order to transact business.

Section Four: Powers and Duties of the Board

    4.1 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 
Business Committee governing the sale, manufacture, distribution, and 
possession of alcoholic beverages on tribal lands.
    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 functions.
    C. Issue licenses permitting the sale or manufacture or 
distribution of liquor on tribal lands.

[[Page 34960]]

    D. Hold hearings on violations of this Ordinance or for the 
revocation of licenses hereunder.
    E. Bring suit in 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 Business Committee.
    H. Collect taxes and fees levied or set by the 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.
    4.2 Limitations on Powers. In the exercise of its powers and duties 
under this Ordinance, the Liquor Control Board and its 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 Ottawa Tribe of Oklahoma from suit 
without the express written consent and resolution of the Business 
Committee.
    4.3 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.

Section Five: Sales of Liquor

    5.1 License Required. A person or entity who is licensed by the 
Ottawa Tribe 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 an Ottawa Liquor License.
    5.2 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, 
MasterCard, American Express, and the like.
    5.3 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 the payment of damages to the Ottawa Tribe of Oklahoma as set forth 
herein.

Section Six: Licensing and Application

    6.1 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 Ottawa Liquor Control Board for a 
license to sell or serve liquor.
    6.2 Application. Any enrolled member of the Ottawa Tribe of 
Oklahoma twenty-one (21) years of age or older, or an enrolled member 
of another Federally recognized tribe twenty-one (21) years of age or 
older, or other person twenty-one (21) 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 Ottawa Tribe of Oklahoma and pay such application fee as 
may be set 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.
    6.3 Licensing Requirements. The person applying for such license 
must make a showing once per year and must satisfy the Liquor Control 
Board that:
    A. 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;
    B. He/she has never been convicted of violating any of the gambling 
laws of this state or of any other state of the United States, or of 
this or any other Tribe;
    C. 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
    D. 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.
    6.4 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 Section 3.5 
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.
    6.5 Issuance of Licenses. The Liquor Control Board may issue a 
license if it believes that such issuance is in the best interests of 
the Ottawa Tribe 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 interest of the Ottawa Tribe of Oklahoma.
    6.6 Period of License. Each license shall be issued for a period 
not to exceed one year from the date of issuance.
    6.7 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 Ottawa Tribe of Oklahoma.
    6.8 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.
    6.9 Hearings. Within fifteen (15) days after a licensee is mailed 
written notice of a proposed license 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 shall 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.
    6.10 Non-Transferability of Licenses. Licenses issued by the Liquor 
Control

[[Page 34961]]

Board shall not be transferable and may only be utilized by the person 
or entity in whose name it is issued.

Section Seven: Taxes

    7.1 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 Ottawa Tribe Tax Commission such license, 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 
Ottawa Tribe Tax Commission or otherwise showing compliance with the 
tax laws of the Tribe.
    7.2 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 Ottawa Tribe of Oklahoma, or any rule, regulation, or order of the 
Ottawa Tribe Tax Commission.

Section Eight: Rules, Regulations, and Enforcement

    8.1 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.
    8.2 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.
    8.3 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.
    8.4 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 Section shall be guilty of a violation of this 
Ordinance.
    8.5 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.
    8.6 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 violating this Ordinance. Any 
person who shall drink liquor in a public conveyance shall be guilty of 
a violation of this Ordinance.
    8.7 No person under the age of twenty-one (21) years shall consume, 
acquire, or have in his/her 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/her premises or any 
premises under his/her control. Any person violating this prohibition 
shall be guilty of a separate violation of this Ordinance for each and 
every drink so consumed.
    8.8 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 the sale of each drink or for each drink 
provided.
    8.9 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.
    8.10 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.
    8.11 Any person who is convicted or pleads guilty to a violation of 
this Ordinance shall be liable to pay the Ottawa Tribe of Oklahoma an 
amount of up to $1,000 per violation as civil damages to defray the 
Tribe's cost of enforcement of this Ordinance.
    8.12 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.
    8.13 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 this 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 Ottawa Tribe of Oklahoma.

Section Nine: Abatement

    9.1 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 an used in maintaining such place, is 
hereby declared a nuisance.
    9.2 The Chairman of the Liquor Control Board, or, if the Chairman 
fails or refuses to do so, the Liquor Control Board, by a majority 
vote, shall institute and maintain an action in the Tribal Court in the 
name of the Ottawa Tribe of Oklahoma to abate and perpetually enjoin 
any nuisance declared under this Section. In addition to other remedies 
at tribal law, the Tribal Court may also order the room, house, 
building, vehicle, structure, or place closed for a period of one 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 
the offense, past offenses, the risk of future offenses, and any other 
appropriate criteria, payable to the Tribe and conditioned that liquor 
will not thereafter be 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 Ten: Severability and Effective Date

    10.1 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.
    10.2 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.

[[Page 34962]]

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

Section Eleven: Amendment and Construction

    11.1 This Ordinance may only be amended by vote of the Ottawa 
Business Committee.
    11.2 Nothing in this Ordinance shall be construed to diminish or 
impair in any way the rights or sovereign powers of the Ottawa Tribe or 
its Tribal Government other than the due process provision of Section 
6.9 which provides that licensees whose licenses have been revoked or 
suspended may seek review of that decision in Tribal Court.
    11.3 The foregoing Liquor Control Ordinance of the Ottawa Tribe of 
Oklahoma was duly enacted and approved by the Business Committee of the 
Ottawa Tribe of Oklahoma this 8th day of December 2005.

Charles A. Todd,
Principal Chief.
Bert Kleidon,
Secretary/Treasurer.
[FR Doc. 06-5447 Filed 6-15-06; 8:45 am]
BILLING CODE 4310-4J-P