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. On December 10, 2025, the Caddo Nation of Oklahoma Tribal Council duly adopted the Caddo Nation Liquor Control Code.

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 the Caddo Nation Tribal Council duly adopted by Resolution the Caddo Nation Liquor Control Code by Resolution No. 12-2025-01 on December 10, 2025.

The Caddo Nation of Oklahoma Liquor Control Code shall read as follows:

Liquor Control Code

Subchapter 1—General Provisions

§ 1-101. Short title.

This act shall be known as the “Caddo Nation Liquor Control Code.”

§ 1-102. Authority.

This act is adopted pursuant to the Act of August 15, 1953, Pub. L. 83-277, 67 Stat. 586 (codified at 18 U.S.C. 1161), and Article V, Section 2 of the Caddo Nation Constitution and By-Laws.

§ 1-103. Purpose.

The purpose of this act is to regulate and control the manufacture, distribution, possession, and sale of alcohol, including liquor and beer products, on the Tribal lands of the Caddo Nation of Nation of Oklahoma. This enactment will enhance the ability of the Caddo Nation to control all such alcohol-related activities within the jurisdiction of the Nation and will provide an important source of revenue for the continued operation and delivery of governmental services and for strengthening the Nation's self-governance, economic self-sufficiency, and self-determination.

§ 1-104. Application of federal law.

Federal law prohibits the introduction, possession, and sale of liquor within the Indian country of the Nation (18 U.S.C. 1154 and other statutes), except when in conformity both with laws of the State of Oklahoma and the Nation (18 U.S.C. 1161). As such, compliance with this act shall be in addition to and not a substitute for compliance with federal and state laws.

§ 1-105. Lawful transportation through the Nation not affected. Nothing herein shall pertain to the otherwise lawful transportation of liquor and/or beer across the Nation's Indian country, as defined by federal law, by persons remaining upon public roads and highways and where such beverages are not delivered, sold or offered for sale to anyone within the Nation's Indian country.

§ 1-106. Applicability.

The introduction, manufacture, distribution, possession, sale, and consumption of alcoholic beverages shall be regulated under this act only where such activity will be conducted within or upon Tribal lands.

Subchapter 2—Definitions

§ 2-101. Definitions.

As used in this act, the following terms shall have the following meanings unless the context clearly requires otherwise:

“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.

“Alcoholic beverage(s)” means, and shall include, alcohol, beer, spirits, and wine, as those terms are defined herein, and also includes every liquid or solid, patented or not, containing alcohol, beer, spirits, or wine and capable of being consumed as a beverage by human beings, but does not include low-point beer.

“Applicant” means any person who submits an application to the Commission for an alcoholic beverage license and who has not yet received such a license.

“Beer” means any beverage containing more than one-half of one percent ( 1/2 of 1%) alcohol by volume and obtained by the alcoholic fermentation of an infusion or decoction of barley or other grain, malt or similar products. Beer may or may not contain hops or other vegetable products. Beer includes, among other things, beer, ale, stout, lager beer, porter, and other malt or brewed liquors, but does not include sake, known as Japanese rice wine.

“Beer outlet” means a retail sale business licensed by the Nation to sell beer within the Nation's Indian country, including all related and associated facilities under the control of an operator. Where an operator's business is carried on as part of the operation of an entertainment or recreational facility, the beer outlet shall be deemed to include the entertainment or recreational facility and its associated areas.

“Commission” means the Caddo Nation Tax Commission, as established pursuant to Tribal law, and includes the Commission's designees to perform administrative functions in accordance with this act.

“Legal age” means twenty-one (21) years of age.

“Light Wine” means any wine containing not more than fourteen percent (14%) alcohol measured by volume at sixty (60) degrees Fahrenheit.

“Liquor” means alcohol, beer, spirits, and wine, and all other fermented, spirituous, vinous or malt liquors or any other intoxicating liquid, solid, semi-solid or other substance patented or not, containing alcohol, beer, spirits or wine, in excess of three and two-tenths percent (3.2%) of alcohol, and that is intended for oral consumption.

“Liquor outlet” or “outlet” means a retail sale business licensed by the Nation to sell within the Nation's Indian country, including all related and associated facilities under the control of the operator. Moreover, where an operator's business is carried on as part of the operation of an entertainment or recreational facility, the “liquor outlet” shall be deemed to include the entertainment or recreational facility and its associated areas.

“Low-point beer” means and includes beverages containing more than one-half ( printed page 54370) of one percent ( 1/2 of 1%) alcohol by volume, and not more than three and two-tenths percent (3.2%) alcohol by weight, including but not limited to beer or cereal malt beverages obtained by the alcoholic fermentation of an infusion of barley or other grain, malt or similar products. Low-point beer is also commonly referred to as three-point-two-beer, light beer, near-beer, and small beer.

“Manufacturer” means any person engaged in the manufacture of alcohol, including, but not limited to the manufacture of alcoholic beverages.

“Nation” means the Caddo Nation of Oklahoma.

“Oklahoma liquor license” means any license or permit issued by the State of Oklahoma, including any agency, subdivision, or county thereof, regulating any form of alcohol, including, but not limited to any form of alcoholic beverage. Any license or permit issued for the sale or distribution of “low-point beer,” as defined under Oklahoma law, shall be considered an Oklahoma liquor license under this act.

“Operator” means a person of legal age who is properly licensed by the Commission to operate a liquor outlet and/or a beer outlet.

“Person” means a natural person, a partnership, an association of persons, a corporation, a firm, a limited liability company, a sole proprietorship, a trust, a joint venture, a consortium, a commercial entity, a Caddo Nation entity, or an Indian tribe.

“Public place” means federal, Tribal, state, or county highways and roads; buildings and grounds used as schools; public dance halls and grounds; soft drink establishments; public buildings; public meeting halls, lobbies, and dining rooms of hotels, restaurants, theaters, gaming facilities, entertainment centers, stores, and garages and filling stations that are open to and/or generally used by the public and to which the public has a right to access; public conveyances of all kinds and character; and all other places of like or similar nature to which the general public has right to access, and which are generally used by the public. For the purpose of this act, public place shall also include any privately owned business property or establishment that is designed for or may be regularly used by more persons other than the owner of the same, but shall not include the private, family residence of any person.

“Sale” or “sell” means any transfer, exchange or barter, in any manner or by any means whatsoever, for a consideration and includes and means all sales made by any person, whether as principal, proprietor or as an agent, servant, or employee, association, partnership or corporation of liquor or beer products.

“Spirits” means any beverage other than beer, wine or low-point beer that contains more than one-half of one percent ( 1/2 of 1%) alcohol measured by volume and obtained by distillation, whether or not mixed with other substances in solution, and includes those products commonly known as brandy, cordials, fortified wines, gin, liqueurs, rum, scotch, vodka, whisky, and similar compounds, but shall not include any alcohol liquid completely denatured in accordance with federal law and regulations applicable thereto.

“Tribal Council” or “Council” means the elected governing body of the Nation, as established under the Nation's Constitution.

“Tribal Court” means the courts of the Caddo Nation of Oklahoma.

“Tribal land” means and refers to the geographic area that includes all land within the Indian country jurisdiction of the Nation, as established and described by federal law, and including, but not limited to, all lands the title to which is held by the United States in trust or in restricted fee, as are now in existence or that may hereafter be added to such jurisdiction.

“Tribe” and “Tribal” refers to the Nation, or, when the context requires, to any federally recognized Indian tribe.

“Wholesaler” means and includes any person doing any such acts or carrying on any such business or businesses that would require such person to obtain a wholesaler's license or licenses hereunder.

“Wholesale price” means the established price for which liquor or beer are sold to the Nation or any operator by the manufacturer or distributor.

“Wine” means and includes any beverage containing more than one-half of one percent ( 1/2 of 1%) alcohol by volume and not more than twenty-four percent (24%) alcohol by volume at sixty (60) degrees Fahrenheit obtained by the fermentation of the natural contents of fruits, vegetables, honey, milk or other products containing sugar, whether or not other ingredients are added, and includes vermouth and sake, known as Japanese rice wine.

Subchapter 3—Liquor and Beer Sales

§ 3-101. Prohibition of the unlicensed sale of alcoholic beverages.

This act prohibits the introduction, manufacture, distribution, or sale of alcoholic beverages for commercial purposes, other than where conducted by a licensee in possession of a lawfully issued license in accordance with this act. Federal liquor laws are intended to remain applicable to any act or transaction that is not authorized by this act, and violators shall be subject to all penalties and provisions of any and all applicable federal, Tribal, and/or state laws.

§ 3-102. License required.

(1) Any and all sales of alcoholic beverages conducted upon Tribal lands shall be permitted only where the seller: (i) holds a current alcoholic beverage license, duly issued by the Commission; and (ii) prominently and conspicuously displays the license on the premises or location designated on the license, as required hereunder.

(2) A licensee has the right to engage only in those activities involving alcoholic beverages expressly authorized by such license issued in accordance with this act.

§ 3-103. Sales for cash.

All sales of alcoholic beverages conducted by any person or commercial enterprise upon Tribal lands 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 commercial credit cards acceptable to the seller (including but not limited to VISA, MasterCard, or American Express).

§ 3-104. Personal consumption.

All sales of alcoholic beverages shall be for the personal use and consumption of the purchaser and or his/her/its guest(s) of legal age. The resale of any alcoholic beverage purchased within or upon Tribal lands by any person or commercial enterprise not licensed as required by this act is prohibited.

§ 3-105. Possession for personal use.

Possession of alcohol, beer, spirits or wine products for personal use by persons of legal age shall, unless otherwise prohibited by federal, Tribal, or state laws, be lawful within the Indian country jurisdiction of the Nation, so long as said alcohol, beer, spirits or wine products were obtained or purchased from an establishment duly licensed to sell said beverages or products, whether within or outside the Nation's Indian country, as defined by federal law, and consumed within a private residence or at a location or facility licensed for the public consumption of such products.

§ 3-106. On-premises consumption.

No employee or operator of a commercial or other enterprise operating pursuant to a license issued hereunder, including an enterprise owned or operated by or for the Nation, ( printed page 54371) shall sell or permit any person to open or consume any alcoholic beverage on any premises or location, or any premises adjacent thereto, under his or her or its control, unless such activity is properly licensed as provided in this act.

Subchapter 4—Licensure

§ 4-101. Eligibility.

Only applicants operating upon Tribal lands shall be eligible to receive a license for the sale of any alcoholic beverage under this act.

§ 4-102. Classes of licenses.

The Commission shall have the authority to issue licenses in the following classes:

(1) “Retail On-Site General License” authorizing the licensee to sell alcoholic beverages at retail to be consumed by the buyer only on the premises or at the location designated in the license. This class of license includes, but is not limited to, restaurants, hotels, gaming facilities, and other facilities where alcoholic beverages may be sold for consumption on the premises and in the rooms of hotel guests.

(2) “Retail On-Site Beer and Wine 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 of license includes, but is not limited to, restaurants, hotels, gaming facilities, and other facilities where beer and/or wine may be sold for consumption on the premises and in the rooms of bona fide registered guests.

(3) “Retail Off-Site General License” authorizing the licensee to sell alcoholic beverage(s) at retail to be consumed by the buyer off of the premises or at a location other than the one designated in the license.

(4) “Retail Off-Site Beer and Wine 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.

(5) “Manufacturers License” authorizing the applicant to manufacture alcoholic beverages in accordance with applicable laws for the purpose of wholesale to retailers on or off Tribal land, but not authorizing the sale of alcoholic beverages at retail.

(6) “Temporary License” authorizing the sale of alcoholic beverages on a temporary basis for premises temporarily occupied by the licensee for an event, picnic, social gathering, or similar occasion. Temporary licenses may not be renewed upon expiration. A new application must be submitted for each such license.

The Commission may establish sub-categories of the classes of licenses authorized hereunder, provided such categories remain consistent with this act and with applicable federal and state law.

§ 4-103. Application process.

(1) The Commission may cause a license to be issued to any applicant in accordance with this act as it may deem appropriate, but not contrary to the best interests of the Nation and its citizens. Any applicant who desires to be licensed to sell alcoholic beverages and who meets the eligibility requirements pursuant to this act must apply to the Commission for a license to sell or to serve alcoholic beverages. An applicant shall fully and accurately complete an application on a form provided by the Commission, shall pay such application fee as may be required by the Commission, and shall submit such application for consideration by the Commission.

(2) All application fees paid to the Commission are nonrefundable upon submission of any such application. Each application shall require the payment of a separate application fee, as established by the Commission. The Commission may waive fees for good cause, in its discretion.

§ 4-104. Licensing requirements.

(1) Any person of legal age or older may apply to the Commission, on his or her behalf or as an authorized representative of qualified entity, for a license hereunder, subject to satisfaction of the requirements for such license hereunder.

(2) A person applying for a license hereunder must make a showing and must satisfy the Commission that he/she/it:

(A) is a person of good moral character;

(B) has not been convicted of any felony or other serious crime involving moral turpitude, any laws relating to regulation of the transportation and sale of alcoholic beverages, or any gaming laws of the Nation; and

(C) has not had any permit or license to sell alcoholic beverage(s) revoked by any other jurisdiction within the previous one (1) year.

§ 4-105. Term of licenses and renewals.

(1) 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 in compliance with this act and any rules and/or regulations hereafter adopted by the Commission.

(2) Each license may be considered for renewal by the Commission upon the licensee's submission of a new application and payment of all required fees. Such renewal application shall be submitted to the Commission at least sixty (60) days and not more than ninety (90) days prior to the expiration of an existing license. If a license is not renewed prior to its expiration, the licensee shall cease and desist all activity as permitted under the license, including the sale of any alcoholic beverages, until the renewal of such license is properly approved by the Commission.

§ 4-106. Application form and content.

An application for a license hereunder shall be made to the Commission and shall contain at a minimum the following information, as provided under oath:

(1) The name, address, and age of the applicant, including as applicable the names and addresses of all of the principal officers and directors, and other employees with primary management responsibility related to the sale of alcoholic beverages;

(2) The specific area, location, and/or premise(s) for which the license is applied;

(3) The hours that the applicant will sell alcoholic beverage(s) pursuant to the license;

(4) For Temporary Licenses, the dates for which the license is sought to be in effect;

(5) The class of license applied for;

(6) Whether the applicant has an Oklahoma liquor license or mixed beverage license;

(7) a copy of such license, and any other applicable license, shall be submitted to and retained by the Commission; and

(8) A statement that the applicant satisfies the qualifications for a license hereunder, and that the applicant or, as applicable, none of the applicant's officers and directors, and employees with primary management responsibility related to the sale of Alcoholic Beverage(s):

(A) has/have not been convicted of any felony or other serious crime involving moral turpitude, any laws relating to regulation of the transportation and sale of alcoholic beverages, or any gaming laws of the Nation;

(B) has/have not had any permit or license to sell alcoholic beverage(s) revoked by any governmental authority within the previous one (1) year; and

(C) has/have not violated and will not violate or cause or permit to be violated any of the provisions of this act.

(9) All applications for licenses hereunder shall be signed and verified under oath by the applicant or a duly ( printed page 54372) authorized representative, and notarized.

The Commission may require applicants to provide additional information consistent with this act and with applicable law.

§ 4-107. Action on the application.

The Commission shall have the authority to deny or approve the application, consistent with this act and the laws of the Nation. Upon approval of an application, the Commission shall issue a license to the applicant in a form to be approved from time to time by the Commission. The Commission shall have the authority to issue a temporary or provisional license pending completion of the foregoing approval process.

§ 4-108. 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:

(1) The applicant has materially misrepresented facts contained in the application; or

(2) The applicant is presently not in compliance with this act or other Tribal or federal laws; or

(3) Granting the license (or renewal thereof) would create a threat to the peace, safety, morals, health or welfare of the Nation; or

(4) The applicant has failed to demonstrate his/her/its satisfaction of the requirements for a license or has failed to complete the application properly or has failed to tender the appropriate fee; or

(5) A verdict or judgment of guilty has been entered against or a plea of nolo contendere has been entered by the applicant or any of the applicants' officers or directors or employees with primary management responsibility relating to any offense that would otherwise disqualify the applicant for a license hereunder.

§ 4-109. Temporary denial.

If the application is denied solely on the basis of the applicant's failure to demonstrate satisfaction of the requirements or to complete the application properly or to tender the appropriate fee the 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.

§ 4-110. 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.

§ 4-111. Investigation.

Upon receipt of an application for the issuance, transfer, or renewal of a license, the Commission shall make a thorough investigation to determine whether the applicant and the premises for which a license is sought qualify for a license and whether the applicant has complied with the provisions of this act, and shall investigate all matters connected therewith which may affect the public health, welfare, and morals.

§ 4-112. Procedures for appealing a denial or condition of application.

Any applicant for a license or licensee who believes the denial of a license, request for renewal, or condition imposed on their license was wrongfully determined may appeal the decision of the Commission in accordance with the Commission's 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 Commission's appeal procedures. 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 Commission's appeal procedures.

§ 4-113. Revocation of licenses.

(a) Reasons licenses may be revoked.

The Commission may initiate an action to revoke a license whenever it is brought to the attention of the Commission that a licensee:

(1) has materially misrepresented facts contained in any license application; or

(2) is no longer qualified to hold such license; or

(3) is not in compliance with Tribal or federal laws material to the issue of licensing or with other provisions of this act; or

(4) has failed to comply with any terms or conditions of a license, including failure to pay taxes on the sale of alcoholic beverage(s) or failure to pay a required fee; or

(5) has had a verdict, or judgment of guilty entered against him or her or any of its officers or directors or managers with primary responsibility over the sale of alcoholic beverage(s), 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 alcoholic beverage(s), as to any offense that would otherwise disqualify the applicant for a license hereunder; or

(6) has 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 Administrator or the Commission; or

(7) has had a liquor license suspended or revoked by any other jurisdiction, including the State of Oklahoma.

(b) Initiation of revocation proceedings.

Revocation proceedings may be initiated either (1) by the Commission, on its own motion and through the adoption of an appropriate resolution meeting the requirements of this section, or (2) on the basis of a complaint filed by any person with the Commission. The complaint shall be in writing and signed by the complainant. A resolution or complaint shall state facts showing that there are specific grounds under this act that if proven would authorize the Commission to revoke the license(s). The Commission shall cause the matter to be set for a hearing before the Commission on a date no later than forty-five (45) days from the Commission's receipt of a complaint 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 3-7. The notice shall state that the licensee has the right to file a written response to the complaint or resolution, verified under oath and signed by the licensee, no later than ten (10) days prior to the hearing date.

(c) Hearing.

Any hearing held in a proceeding to revoke a license shall be held under such rules and regulations as the Commission may prescribe. At the hearing, the licensee may present evidence and arguments, as well as documentary evidence, and shall have the right to be represented by legal counsel and to cross-examine the Commission's witnesses. The Commission shall render its decision in writing within sixty (60) days after the date of the hearing.

(d) Appeals.

The decision of the Commission shall be final, except that any person so aggrieved may file an appeal to the Tribal Court clearly stating the reason for appeal within thirty (30) days after being served with the decision of the Commission. The decision of the Commission shall be reversed only for error of law or clear error in factual determinations.

(e) Delivery of license.

Upon entry of a final, nonappealable decision revoking a license, the licensee or the operator shall forthwith deliver the license to the Commission.

§ 4-114. Transferability of licenses.

Alcoholic beverage licenses shall be issued to a specific licensee for use at a single business location (or business ( printed page 54373) 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.

§ 4-115. Posting of licenses.

Every licensee shall post and keep posted its license(s) in a prominent and conspicuous place(s) on the premises or location designated in the license. Any license posted on a premises or location not designated in such license shall not be considered valid and shall constitute a separate violation of this act.

Subchapter 5—Commission Powers and Duties

§ 5-101. Powers and duties of the commission.

The Commission shall have authority to administer and implement this act, and shall have powers necessary and appropriate in furtherance thereof, including the authority to:

(1) adopt, publish, and enforce rules and regulations consistent with this act and other applicable laws governing the sale, distribution, and possession of alcoholic beverage(s) within the Tribal lands of the Nation;

(2) employ, commission, and direct such persons as may be reasonably necessary to perform all administrative and regulatory responsibilities of the Commission hereunder, and to delegate duties to such persons in accordance with this act;

(3) process, issue, and enforce licenses relating to the sale, distribution, and possession of alcoholic beverage(s) within Tribal lands, as provided hereunder;

(4) enforce the provisions of this act, including to conduct hearings on violations of this act and to impose sanctions and penalties as permitted hereunder, and to bring such other actions as may be required to enforce the provisions of this act;

(5) prepare and deliver such reports as may be required by law or regulation;

assess and 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 the same; and

(6) take such other actions as are necessary and appropriate in aid of its jurisdiction hereunder.

§ 5-102. Right of inspection.

Any business premises licensed to distribute, or sell alcohol pursuant to this act shall be open for inspection by the Commission for the purpose of ensuring the compliance or noncompliance of the licensee with all provisions of this act and any applicable Tribal law or regulation.

§ 5-103. Suppliers and wholesalers.

(a) Right of Commission to scrutinize suppliers.

The operator of any liquor outlet shall maintain for inspection by the Commission an accurate record of the identity of the suppliers and/or wholesalers who supply or are expected to supply liquor and/or beer products to such outlet. The Commission may, at its discretion, limit or prohibit the purchase of said products from a supplier or wholesaler for the following reasons: non-payment of Nation taxes, unsound or unlawful business practices, or sale of unhealthy products and supplies. A ten (10) day notice to stop purchases (a “Stop Purchase Order”) shall be given by the Commission whenever purchases from a supplier or wholesaler are to be discontinued hereunder unless there is a health or similar emergency, in which case the Stop Purchase Order may take effect immediately.

(b) Requirement of open information.

With respect to their purchase of alcoholic beverage inventory and their business relations with suppliers and wholesalers, operators shall cooperate with and assist in the free flow of information and data to the Commission relating to such sales and business arrangements. The Commission may, at its discretion, require the licensee to produce for inspection by the Commission documentation reflecting invoices, bills of lading, billings, and documentary receipts relating to purchases of liquor and similar business information. All operator business records shall be kept in accordance with this act.

(c) Maintenance of records.

The originals or accurate electronic copies of all sales slips, invoices and other memoranda covering all purchases of liquor, including beer and wine, by an operator shall be maintained on file at the retail premises of the operator for at least five (5) years after each purchase and shall be filed separately and kept apart from all other records, and as nearly as possible shall be filed in consecutive order and the records for each month maintained separately so as to render the same readily available for inspection and verification. All cancelled checks, bank statements and books of accounting, covering and involving the purchase of liquor and all memoranda, if any, showing payment of money for liquor other than by check shall be likewise preserved for inspection and verification by the Commission. The Commission may issue regulations providing for acceptable means for the storage of records required to be maintained hereunder.

§ 5-104. Prohibition on gifts and gratuities.

No person, including no alcoholic beverage wholesaler, retailer, or distributor, or any applicant or licensee, shall offer to an officer or employee of the Nation or the Commission any gratuity, compensation or other thing of value. Officers and employees of the Nation and the Commission shall not, whether individually or as a whole, accept any gratuity, compensation or other thing of value from any alcoholic beverage wholesaler, retailer, or distributor, or from any applicant or licensee.

Subchapter 6—Rules, Regulations, and Enforcement

§ 6-101. Manufacture, sale, or distribution without license.

Any person who manufactures, distributes, sells, or offers for sale or distribution, any alcoholic beverage in violation of this act, or who operates any commercial business on Tribal lands that possesses or offers alcoholic beverages for sale without a license duly issued and properly posted, as required hereunder, shall be in violation of this act.

§ 6-102. Unlawful purchase.

Any person who purchases any alcoholic beverage on Tribal lands from a person or commercial business that does not have a license to manufacture, distribute, or sell alcoholic beverages properly posted shall be in violation of this act.

§ 6-103. 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, any alcoholic beverage, with the intent to sell or to distribute the same contrary to the provisions of this act, shall be in violation of this act.

§ 6-104. Sale to intoxicated person.

Any person who knowingly sells or serves an alcoholic beverage to a person who is visibly intoxicated shall be in violation of this act.

§ 6-105. Age for consumption; violations.

(1) No person under the legal age shall possess or consume alcoholic beverage(s) on Tribal lands, unless otherwise permitted by applicable law.

(2) No licensee shall serve or sell an alcoholic beverage(s) to a person under the legal age or permit any such person to consume alcohol on the premises or on any premises under the licensee's control. Any licensee violating this section shall be guilty of a separate violation of this act for each and every ( printed page 54374) drink served and/or consumed by such underage person.

§ 6-106. False identification.

Any person who purchases or who attempts to purchase an alcoholic beverage through the use of false, or altered identification that falsely purports to show the person to be of the legal age or older shall be in violation of this act.

§ 6-107. Documentation of age.

Upon request by an operator or other seller of alcoholic beverages, any person shall be required to present satisfactory documentation of the bearer's identity and age. For purposes of this act, satisfactory documentation may include one or more of the following:

(1) a valid motor vehicle operator's license or a personal identification card issued by any state department of motor vehicles or any Tribal government or federal government agency; or

(2) United States active duty military credentials; or

(3) passport or other official governmental document conclusively establishing a person's identity.

Any seller, server, or person attempting to purchase an alcoholic beverage, who does not comply with the requirements of this section shall be in violation of this act.

§ 6-108. Conduct on licensed premises.

No person who is a licensee shall be disorderly, boisterous, or intoxicated on the licensed premises or any public premises adjacent thereto which are under the operator's control, nor shall an operator permit disorderly, boisterous or intoxicated persons to remain thereon.

Subchapter 7—Penalties

§ 7-101. In general.

(1) Any person or licensee determined by the Commission to be in violation of this act, including any lawful regulation promulgated pursuant thereto, shall be subject to a civil penalty of not more than Five Thousand Dollars ($5,000.00) for each such violation, except as provided herein. The Commission may adopt by resolution a separate written schedule for fines for each type of violation, taking into account the seriousness and threat the violation may pose to the general public health and welfare, as well as fundamental fairness. Such schedule may also provide, in the case of repeated violations, for imposition of monetary penalties greater than the Five Thousand Dollar ($5,000.00) per violation limitation set forth above. The civil penalties provided for herein shall be in addition to any criminal penalties that may be imposed under any other Tribal, federal, or state laws.

(2) Any person or licensee determined by the Commission to be in violation of this act, including any lawful regulation promulgated pursuant thereto, may be subject to ejection or exclusion from any Tribal facility or other establishment.

§ 7-102. Injunctions to prevent violations.

Any violation of this act shall constitute a public nuisance. The 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 act. Any action taken under this section shall be in addition to any other civil penalties provided for in this act. The Commission shall not be required to post any form of bond in such action.

§ 7-103. Contraband; seizure; forfeiture.

(1) All alcoholic beverages held, owned, or possessed within Tribal lands by any person, licensee, or commercial business operating in violation of this act are hereby declared to be contraband and subject to seizure and forfeiture to the Nation.

(2) Seizure of contraband as defined in this act shall be carried out by the Commission with the assistance of law enforcement, upon request, and all such contraband seized shall be inventoried and maintained by the Commission pending a final order of the Commission. 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 a final order of the Commission. The proceeds from such a sale are subject to forfeiture in lieu of the seized contraband.

(3) Within ten (10) days following the seizure of such contraband, a hearing shall be held by the 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 or its activities relating to the violation of this act alleged by the Commission.

(4) Notice of the hearing of at least ten (10) days shall be given to the person from whom the property was seized and the owner, if known. If the owner is unknown, notice of the hearing shall be posted at the place where the contraband was seized and at other public places on Tribal lands and required by Commission rules. The notice shall describe the property seized, and the time, place, and cause of seizure, and list 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 Commission shall thereupon enter a judgment of forfeiture, and all such contraband shall become the property of the Nation. If upon the hearing the evidence does not warrant forfeiture, the seized property shall be immediately returned to the owner.

(5) The decision of the Commission shall be final, except that the owner of the seized property may file an appeal to the Tribal Court clearly stating the reason for appeal within thirty (30) days after being served with the decision of the Commission. The decision of the Commission shall be reversed only for error of law or clear error in factual determinations.

Subchapter 8—Nuisance and Abatement

§ 8-101. Nuisance.

Any room, house, building, vehicle, structure, premises, or other location where alcoholic beverages are sold, manufactured, distributed, bartered, exchanged, given away, furnished, or otherwise possessed or disposed of in violation of this act, or of any other Tribal, federal, or state laws related to the transportation, possession, distribution or sale of alcoholic beverages, and including all property kept therein, or thereon, and used in, or in connection with such violation is hereby declared to be a nuisance upon any second or subsequent violation of the same.

§ 8-102. Action to abate nuisance.

Upon a determination by the Commission that any place or activity is a nuisance under any provision of this act, the Nation or the Commission may bring a civil action in the Tribal Court or any other court with jurisdiction 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 such injunctive relief, or until the owner, lessee, or tenant shall: (i) give bond of no less than Twenty-Five Thousand dollars ($25,000) to be held by the Commission subject to the condition that any further violation of this act or other Tribal laws will result in the forfeiture of such bond; and (ii) payment of all fines, costs and assessments against him/her/it. If any condition of the bond is violated, the bond shall be forfeited and the proceeds recoverable by the Commission through an order of the Tribal Court. Any action taken under this section shall be in addition to any other civil penalties provided for in this act. ( printed page 54375)

Subchapter 9. Taxation and Audits

§ 9-101. Taxes imposed on sales and distribution of liquor and beer.

(a) General taxation authority.

The Commission shall have the authority to assess and collect tax on the sale of all liquor and/or beer products to the purchaser or consumer within the jurisdiction of the Nation. The Tribal Council shall determine the rates of such taxes for any class of products, which shall be paid upon or prior to the time of retail sale and delivery thereof, as set forth under the Commission's regulations or other Tribal law.

(b) Excise tax added to retail price.

An excise tax set by the Tribal Council on the wholesale price shall be added to the retail selling price of liquor and/or beer products to be sold to the ultimate consumer or purchaser. All taxes paid pursuant to this section shall be presumed to be direct taxes on the retail consumer pre-collected for the purpose of convenience and facility.

(c) Tax stamps.

Within the time period established by the Commission after receipt of any liquor and/or beer products by any wholesaler or retailer subject to this act, a Caddo Nation tax stamp shall be securely affixed thereto denoting the Nation's tax thereon. Retailers or sellers of liquor and/or beer products within the Nation's jurisdiction may buy and sell or have in their possession only liquor and/or beer products which have the Nation's tax stamp affixed to each package.

(d) Use of tax revenue.

Unless otherwise established by the Nation, all fees, taxes, payments, fines, costs, assessments, and any other revenues collected by the Commission under this act, from whatever sources, shall be expended first for the administrative and regulatory costs incurred in the administration and enforcement of the act. Any excess funds shall be paid to the general fund of the Nation for appropriation by the Tribal Council for governmental and social services.

(e) Payment of taxes.

Taxes imposed on liquor and/or beer products, together with reports on forms to be supplied by the Commission, shall be remitted to the Commission on a monthly basis, unless otherwise specified in regulations of the Commission. An operator may be required to furnish a satisfactory bond to the Commission in an amount to be specified by the Commission guaranteeing his or her or its payment of taxes.

§ 9-102. Required evidence of tax compliance.

As a condition precedent to the conduct of any operations pursuant to a license issued by the Commission, the licensee must obtain from the 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 Commission or otherwise showing compliance with the tax laws of the Nation.

§ 9-103. Audits and inspections.

All of the books and other business records of a licensee shall be available for inspection and audit by the Commission or its authorized representative during normal business hours and at all other reasonable times, as may be requested by the Commission.

§ 9-104. Reports.

The Commission shall submit to the Tribal Council a quarterly report and accounting of all fees, taxes, payments, fines, costs, assessments, and all other revenues collected and expended pursuant to this act.

Subchapter 10—Sovereignty and Jurisdiction

§ 10-101. Sovereign immunity.

Nothing in this act shall be construed as a waiver or a limitation of the sovereign immunity of the Nation or its agencies, including but not limited to the Nation's Tax Commission, nor their officers or employees. The Nation expressly retains its sovereign immunity for the purposes of this act.

§ 10-102. Jurisdiction.

Any person who applies for and/or accepts a license hereunder shall, by operation of law, consent to the exclusive jurisdiction of the Caddo Nation of Oklahoma for all matters arising under this act.

§ 10-103. Dram shop actions.

The Tribal courts of the Caddo Nation of Oklahoma shall have exclusive jurisdiction over any dram shop action against an operator hereunder.

Subchapter 11—Miscellaneous

§ 11-101. Liability of operators.

Operators shall hold the Nation harmless from all claims and liability of whatever nature arising from their operations conducted pursuant to licenses issued hereunder. The Commission may revoke an operator's outlet license(s) if an outlet is not operated in accordance with sound business practices or if it does not remain financially solvent or does not pay its operating expenses and bills before they become delinquent. The Nation and the Commission shall have no legal responsibility for any unpaid bills owed by a liquor outlet to a wholesaler, supplier or any other person.

§ 11-102. Insurance.

Each operator shall maintain at his or her or its own expense adequate insurance covering liability, fire, theft, vandalism, and other insurable risks arising from the licensed business. The Commission may establish as a condition of any license, the minimum insurance coverage levels and any additional coverage deemed advisable, proof of which shall be filed with the Commission.

§ 11-103. Computation of Time.

Unless otherwise provided herein, in computing any period of time prescribed or allowed by this act the day of the action, event, or default from which the designated period of 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 documents mailed shall be deemed served at the time of mailing.

§ 11-104. Construction of act.

The provisions of this act shall be liberally construed to achieve the purposes set forth, whether clearly stated or apparent from the context of the language used herein. Nothing in this act shall be construed to diminish or impair in any way the rights or sovereign powers of the Caddo Nation of Oklahoma.

§ 11-105. Severability.

In the event that any provision or provisions of this act are determined by the Tribal Courts or any court of competent jurisdiction to be invalid for any reason, the remaining provisions of the act shall be deemed severable from the provision or provisions determined to be invalid and shall remain in full force and effect as though the invalid provisions had never been part of the act.

§ 11-106. Effective Date.

This act shall be effective upon certification by the Secretary of the Interior and publication in the Federal Register .

§ 11-107. Prior Law Repealed.

Any and all prior enactments of the Nation that are inconsistent with the provisions of this act, including any prior alcoholic beverage control ordinances, are hereby repealed and rescinded.

§ 11-108. Amendment.

This act may be amended only by written resolution approved by the ( printed page 54376) Tribal Council, and further approved as required under law.

91 FR 54369