[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50233-50235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23542]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Cherokee Nation Limited Mixed Beverage Sales Act

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the legislation passed by the Cherokee 
Nation amending Cherokee Nation Legislative Act  09-04 that 
regulates and controls the possession, sale, and consumption of liquor 
within the tribal lands. The tribal lands are located in Indian country 
and this enactment allows for possession and sale of alcoholic 
beverages within their boundaries. This law 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 October 30, 2009.

FOR FURTHER INFORMATION CONTACT: Charles Head, Tribal Government 
Services Officer, Eastern Oklahoma Regional Office, PO Box 8002, 
Muskogee, OK 74402-8002, Telephone: (918) 781-4685, Fax (918) 781-4649; 
or Elizabeth Colliflower, Office of Indian Services, 1849 C Street, 
NW., Mail Stop 4513-MIB, Washington, DC 20240, Telephone: (202) 513-
7640.

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 governing body of the Cherokee 
Nation passed the Limited Mixed Beverage Sales Act on July 14, 2008. 
This enactment amends the Cherokee Nation's alcohol control laws last 
published in the Federal Register June 28, 2004. The purpose of this 
amendment is to authorize the Cherokee Nation's limited liability 
company or other person to apply for a license to establish liquor 
retail sales at various locations within tribal lands of the Tribe.
    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 Limited Mixed Beverage Sales Act--
Legislative Act 41-03 was enacted by the legislative body of 
the Cherokee Nation on July 14, 2008.

    Dated: September 21, 2009.
Larry Echo Hawk,
Assistant Secretary--Indian Affairs.
    The Limited Mixed Beverage Sales Act of the Cherokee Nation reads 
as follows:

Legislative Act 13-08

A Legislative Act Amending the Cherokee Nation Limited Mixed Beverage 
Sales Act--Legislative Act 41-03, as Amended by Legislative 
Act 09-04

Be It Enacted by the Cherokee Nation:

Title and Codification:

    This Act shall be known as the 2008 Technical Amendment to The 
Cherokee Nation Limited Mixed Beverage Sales Act and codified as ------
-- (Title) -------- (Section) -------- of the Cherokee Nation Code 
Annotated. The Cherokee Nation Limited Mixed Beverage Sales Act is 
hereby amended to read as follows:

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 by the authority of the Cherokee Nation 
Tribal Council under Article V, Section 7 of the Constitution of the 
Cherokee Nation and the Federal Act of August 15, 1953, 67 Stat. 586, 
codified at 18 U.S.C. Section 1161.

Section 3. Purpose

    This Act authorizes the Board of Directors of Cherokee Nation 
Enterprises, LLC (``CNE''), a limited liability company wholly owned by 
the Cherokee Nation, or other person approved by CNE, to apply for a 
license from the Tax Commission to establish retail liquor sales at 
designated locations within hotel, restaurant, entertainment and/or 
gaming operations located on trust land. The purpose of this Act is to 
regulate and control the possession and sale of liquor on trust land. 
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.

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

    Federal law requires that any Indian tribal 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 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 the date of certification by the 
Secretary of the Interior or designee, or the date of its publication 
in the Federal Register, whichever is later.

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.

[[Page 50234]]

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

Section 7. Powers of Enforcement

    The Tax Commission. In furtherance of this Act, the Tax Commission 
shall have the power to:
    (a) Issue licenses pursuant to Section 8 of this Act;
    (b) collect the excise tax specified in Section 9 of this Act;
    (c) publish and enforce rules and regulations adopted by the Tax 
Commission governing the sale, consumption and possession of alcoholic 
beverages;
    (d) establish procedure for conducting hearings related to 
licensing; and
    (e) take all necessary steps to enforce sections 8 and 9 of this 
Act, including the collection of fees, taxes and damages related 
thereto.

Section 8. Sales of Liquor

    A. License Required. Sales of liquor and alcoholic beverages may 
only be made by CNE, or other person approved by CNE, under a license 
issued by the Tax Commission.
    B. Identification. When requested by the provider of liquor, any 
person asking to purchase liquor or being served in a group shall be 
required to present official documentation bearing the holder's age, 
signature and photograph before being served. Official documentation 
includes one of the following:
    (1) Driver's license or identification card issued by any state 
department of motor vehicles or foreign nation;
    (2) United States Military identification;
    (3) Official Passport issued by any nation and accepted by the 
United States Department of State for entry into the United States.

Section 9. Taxes

    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, 
to be collected by the Tax Commission. 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

    A. Sales Without License. Any person who shall sell or offer for 
sale, distribute or transport, 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.
    B. Sale for Personal Consumption. All sales shall be for the 
personal consumption of the purchaser or persons in a group. Resale of 
any alcoholic beverage is prohibited. Any person 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.
    C. Illegal Purchases. 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.
    D. Minors. 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.
    E. Sales to Minors. Any person who shall sell or provide any liquor 
to any person under the age of 21 years shall be guilty of a crime.
    F. Sales to Intoxicated Persons. Any person who shall sell or 
provide any alcoholic beverage to an individual who is intoxicated, or 
appears intoxicated, shall be guilty of a crime.
    G. False Identification. 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 or any alcoholic 
beverage shall be in violation of this Act, subjecting him or her to 
prosecution for a crime.
    H. Using False Identification. Any person who attempts to purchase 
liquor or any 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.
    I. Punishment. Any person found guilty of a crime under this 
section may be punished by imprisonment for up to one (1) year and/or 
fined up to $500.00 for each violation.
    J. Contraband Liquor. Any liquor, possessed contrary to the terms 
of this Act, whether for personal consumption, hospitality, sale, or 
otherwise, 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.
    K. Forfeiture. Upon being found in violation of this 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

    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 14th day of 
July, 2008.

/s/ Meredith A. Frailey
Meredith A. Frailey,
Speaker, Council of the Cherokee Nation.

Attest:
/s/ Don Garvin
Don Garvin,
Secretary, Council of the Cherokee Nation.

    Approved and signed by the Principal Chief this 21st day of 
July, 2008.


[[Page 50235]]


/s/ Chadwick Smith
Chadwick Smith,
Principal Chief, Cherokee Nation.

Attest:
/s/ Melanie Knight
Melanie Knight,
Secretary of State, Cherokee Nation.

Yeas and Nays as Recorded:

Tina Glory Jordan.........................  Yea
Bill John Baker...........................  Yea
Joe Crittenden............................  Nay
Jodie Fishinghawk.........................  Yea
Janelle Lattimore Fullbright..............  Yea
David W. Thornton, Sr.....................  Yea
Don Garvin................................  Yea
Harley L. Buzzard.........................  Yea
Curtis G. Snell...........................  Yea
Meredith A. Frailey.......................  Yea
Chris Soap................................  Yea
Cara Cowan Watts..........................  Yea
Buel Anglen...............................  Yea
Bradley Cobb..............................  Yea
Charles Hoskin, Jr........................  Yea
Julia Coates..............................  Yea
Jack D. Baker.............................  Yea
 


[FR Doc. E9-23542 Filed 9-29-09; 8:45 am]
BILLING CODE 4310-4J-P