THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA
1-01 Title And Purpose
1-01.01 - This document shall be known as the Absentee Shawnee Tribe of Oklahoma Alcohol Regulations. These regulations are enacted to regulate the sale and distribution of liquor and beer products on Tribal Trust lands of the Absentee Shawnee Tribe of Oklahoma, and to generate revenues to fund needed tribal programs and services.
1-02.01 - Unless otherwise required by the context, the following words and phrases shall have the designated meanings:
(1). "Tribe" shall mean the Absentee Shawnee Tribe of Oklahoma, 2025 South Gordon Cooper Drive, Shawnee Oklahoma 74801.
(2). "Executive Committee" shall mean the Absentee Shawnee Tribe of Oklahoma Executive Committee as constituted by Article IV, Section 2 of the Constitution of the Absentee Shawnee Tribe of Oklahoma.
(3). "Tribal Trust Lands" shall mean the lands and waters lying within the boundaries of the property described below:
The jurisdiction of the Absentee Shawnee Tribe shall extend to all tribally owned land and all restricted or trust land belonging to tribal members within the boundary of the reservation established by Agreement dated June 26, 1890, and ratified by the Act of March 3, 1891 (26 Stat. 1019), and such other land, or, interest in land, which may be subsequently acquired.
(4). "Member" shall mean any person whose name appears on the official roll of the Absentee Shawnee Tribe of Oklahoma.
(5). "Commercial Sale" shall mean the transfer, exchange or barter, in any way or by any means whatsoever, for a consideration by any person, association, partnership, or corporation, of liquor and/or beer products.
(6). "Wholesale Price" shall mean the established price for which liquor and/or beer products are sold to the Absentee Shawnee Tribe of Oklahoma or to any licensed operator by the manufacturer or distributor, exclusive of any discount or other reduction.
(7). "Alcohol" is that substance known as ethyl alcohol, hydrated oxide of ethyl, or spirit of wine, which is
produced by the fermentation or distillation of grain, starch, molasses, or sugar, or other substances including all dilutions and mixtures of this substance.
(8) . "Beer" means any beverage obtained by the alcohol fermentation of an infusion or decoction of pure hops, or pure extract of hops, and malt and sugar in pure water containing not more than 6% of alcohol by weight.
(9). "Liquor Outlet" shall mean a Tribally licensed retail sales business selling liquor or beer on Tribal Trust lands.
(10). "Operator" shall mean an enrolled member of the Absentee Shawnee Tribe of Oklahoma, an enrolled member of another federally recognized Tribe of American Indians, or other person properly licensed by the Absentee Shawnee Tribe of Oklahoma to operate a liquor and/or beer outlet.
(11). "Commission" shall mean the Tax Commission of the Absentee Shawnee Tribe of Oklahoma.
1-03 Licensing Of Liquor Beer Outlet
1-03.01 - Licensing. The Absentee Shawnee Tax Commission shall have jurisdiction over liquor and beer licensing. The Commission is empowered to:
(1). Administer these Regulations by exercising general control, management. and supervision of all liquor and/or beer sales, places of sale and sales outlets as well as exercising all powers necessary to accomplish the purposes of these Regulations.
(2). Adopt and enforce rules and regulations in furtherance of the purposes of these Regulations and in the performance of its administrative functions
(3). Each application for license must be advertised by the Commission in at least one major publication in the county where the business is to be located. The application also must be posted in at least two (2) public places for twenty (20) calendar days. dur-ing which time any protests must be made to be valid.
1-04 Nature Of Outlet
1-04.01 - Nature of Outlet. Each liquor and/or beer outlet, licensed hereunder shall be managed by an operator pursuant to a license granted by the Absentee Shawnee Tax Commission.
1-05 Application For Liquor And/Or Beer Outlet License
1-05.01 - Application. Any enrolled member of the Absentee Shawnee Tribe of Oklahoma, an enrolled member of a federally recognized Tribe, or other per-son may apply to the Commission for liquor and/or beer outlet license.
1-05.02 - Processing of Application. The Commission shall receive and process applications, and be the official representative of the Tribe and Executive Committee in matters relating to liquor and beer excise tax collections and related matters. The Commission, or its authorized representative, shall obtain additional information as deemed appropriate. If Commission, or its authorized representative, is satisfied that the applicant is a suitable and reputable person, the Commission, or its authorized representative, may issue a license for the sale of liquor and beer products.
1-05.03 - Application Fee. Each application shall be accompanied by a non-refundable application charge or fee of Twenty-Five Dollars and No Cents ($25.00).
1-05.04 - The Absentee Shawnee Tax Commission will be responsible for approval or disapproval of all applications.
(1). Guidelines for Zoning:
(a) No license will be issued for a business within 300 feet of a church.
(b) No license will be issued for a business within 300 feet of a school.
(c) No license will be issued to.a convicted felon.
(d) The Absentee Shawnee Tax Commission has full power to deny any applicant for any of the above and/or for any other reason where it would be to the detriment of the Tribe.
1-06 Liquor And Beer Licenses
1-06.01 - Upon approval of an application1 the Commission shall issue the applicant a liquor and/or beer outlet license for one (1) year from the date of issuance. This license shall not be transferable. It shall be renewable at the discretion of the Commission by submission of the licensee of subsequent application form and payment of application fee as provided in Section 1-05.
1-07 Regarding Sales By Liquor Wholesalers And Transport Of Liquors Upon Tribal Trust Lands
1-07.01 - Right of Commission to Scrutinize Suppliers. The operator of any licensed outlet shall keep the Commission informed in writing of the identity of suppliers and/or wholesalers who supply or are expected to supply stock to the outlet(s). The Commission may, at its discretion, for any reasonable cause, limit or prohibit the purchase of said stock from a supplier or wholesaler.
1-07.02 - Freedom of Information From Suppliers. Operators shall in their purchase of stock and in their business relation with suppliers, cooper-ate with and assist the free flow of information and data to the Commission from suppliers relating to the sales to and business arrangements between the suppliers and operators. The Commission may, at its discretions require the receipts from the suppliers of all invoices, bills of lading. billings or other documentary r-eceipts of sales to the operator.
1-08 Sales By Retail Operators
1-08.01 - Commission Regulations. The Commission shall adopt procedures which shall supplement these Regulations and facilitate their enforcement. These pr-ocedures shall include limitations on sales to minors, wher-e liquor may be consumed. persons not allowed to purchase alcoholic beverages, hours and days when outlets may be open for business, and other appropriate matters and controls.
1-08.02 - Sales to Minors. No operator shall give, sell or other-wise supply liquor to any per-son under- twenty-one (21) years of age either for his or her own use or for the use of his or her parents or for the use of any other person.
1-08.03 - Consumption of Liquor Upon Licensed Premises. No oper-ator- shall permit any person to open or consume liquor on his or- her premises or any premises adjacent thereto in his or her control; PROVIDED, the Commission may, at its discretion, identify specific locations upon Tribal Trust lands where beer may be consumed.
1-08.04 - Conduct on Licensed Premises
(1). No operator shall be disorderly, boisterous or intoxicated on the licensed premises or on any public premises adjacent thereto which are under his or her control, nor shall he or she permit any disorderly, boisterous or intoxicated person to be thereon; nor shall he or she use of allow the use of profane or vulgar language thereon.
(2).No operator or employee shall consume liquor of any kind while working on the licensed premises.
(3). No operator shall per-mit suggestive, lewd, or obscene conduct or acts on his or her premises. For the pur-pose of this section, suggestive, lewd, or obscene acts or conduct shall be those acts or conduct identified as such by the laws of the Absentee Shawnee Tribe of Oklahoma.
1-08.05 - Employment of Minors. No person under- the age of twenty-one (21) years shall be employed in any service in connection with the sale or handling of liquor, either on a paid or voluntary basis, except as otherwise provided herein. Employees eighteen (18) years of age or older may sell or handle beer or wine not to be consumed on the prernises provided that there is dir-ect supervision by an adult twenty-one (21) years of age or older.
1-08.06 - Display of License. Any operator issued a license shall frame, under glass, and display the license on the premises.
1-08.07 - Oper-ator's Pr-emises Open to Commission Inspection. The premises of all operators, including vehicles used in connection with liquor sales, shall be open at all times to inspection by the Absentee Shawnee Tax Commission or its designated rept-esentative.
1-08.08 - Operator's Records. The originals or copies of all sales slips, invoices, and other- memoranda covering all purchases of liquor by operators shall be. kept on file in the retail premises of the operator purchasing the same 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 each month's records kept separ-ate so as to render- the same readily available for inspection and checking. All cancelled checks, bank statements and books of accounting covering or 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 availability for inspection and checking.
1-08.09 - Records Confidential. All records of the Absentee Shawnee Tribe of Oklahoma Tax Commission showing pur-chase of liquor by any individual or group shall be confidential and shall not be inspected except by members of the Commission or its authorized representative.
1-08.10 - Conformity with State Law. Operators shall comply with State of Oklahoma liquor standards to the extent required by 18 USC 1161. Tribal licensees are subject to all of the enumerated prohibited acts contained in 37 Okl. St. Ann. 537, and failure of the operator to observe state law will subject said licensee to federal prosecution under 18 USC 1181.
1-09 Tribal Excise Tax Imposed Upon Distribution Of Liquor
1-09.01 - Tribal Excise Tax. The Commission shall by resolution, include a provision for the taxing of sales of liquor and beer products to the consumer or purchaser. Such tax shall be in amounts equal to at least 5% of all retail sales prices, but the Commission may establish tax rates in excess of 5% for any given class of merchandise.
1-09.02 - Added To Retail Price. The excise tax levied hereunder shall be added to the retail selling, price of liquor and beer products sold to the ultimate consumers.
1-10 Liability For Bills
1-10.01 - Liability for Bills. The Tribe shall have absolutely no legal responsibility for any unpaid bills owed by a liquor and/or beer outlet to a wholesale supplier or any other person.
1.11 Other Business By Operator
1-11.01 - Other Business by Operator. An operator may conduct another business simultaneously with managing a liquor and/or beer outlet, PROVIDED, such other business must be approved prior to initiation by majority vote of the Absentee Shawnee Tribe of Oklahoma Executive Committee. Said other business may be conducted on the same premises as a liquor and/or beer outlet, but the operator shall be required to maintain subsidiary books of account to insure accountability of liquor and/or beer sales and other business operations.
1-11.02 - Excise Taxes For Other Business. The Absentee Shawnee Tax Commission may make provision for an excise or sales tax to be charged customers or purchaser-s of items held for sale on such other business.
1.12 Tribal Liability And Credit
1-12.01 - Operators are forbidden to represent or give the impression to any supplier or person with whom he or she does business that he or she is an official representative of the Tribe or the Tax Commission authorized to pledge Tribal credit or financial responsibility for any of the expenses of his or her business operation. The operator shall hold the Absentee Shawnee Tribe of Oklahoma harmless from all claims and liability of whatever nature. The Commission shall revoke an operator's outlet license(s) if said outlet(s) is(are) not operated in a businesslike manner or if it(they) does(do) not remain financially solvent or does not pay its(their) operating expenses and bills before they become delinquent.
1-12.02 - Insurance. The operator shall maintain at his or- her expense adequate insurance covering liability, fire, theft, vandalism, and other insurable risk. The Tax Commission or the Executive Committee may establish, as a condition of any license, the required insurance limits and any additional coverage deemed advisable.
1-13 Audit And Inspection
1-13.01 - All of the books and other business records of the outlet shall be available for inspection and audit by the Commission or its authorized representative at any reasonable time.
1-13.02 - Bond For Tax. The tax, together- with reports on for-ms to be supplied by the Commission, shall be remitted to the Tribal office monthly unless other-wise specified, in writing, by the Commission. The operator shall furnish a satisfactory bond to the Tribe in an amount to be specified by the Tax Commission guaranteeing his or her payment of taxes.
1-14 Revocation Of Operator's License
1-14.01 - Revocation of Operator's License. Failure of an operator to abide by the provisions of these Regulations and any additional regulations or requirements imposed by the Commission. will constitute grounds for revocation of the operator's license as well as enforcement of the penalties provided in 1.15.
(1). To appeal having license revoked for reasons other than violation of the rules of this ordinance, operator may use the same procedures as outlined in Sub-Chapter 1.3 Rules of the Absentee Shawnee Tax Commission, to wit:
(a) Appeal to the Tax Commission.
(2). The Tax Commission will be required to submit substantive proof to revoke any license issued by the Commission. The burden of proof is upon the Tax Commission to substantiate any and/or all charges.
(b) Appeal to the Tribal Court.
(c) Appeal to the Tribal Supreme Court.
(d) Appeal to the U.S. Federal Court
1-15 Violation - Penalties
1-15.01 - Any person violating these Regulations shall be guilty of an offense and subject to a fine of not less than fifty dol lars ($50.00) and not to exceed a maximum of two hundred and fifty dollars ($250.00). Any operator who violates the provisions set forth herein shall forfeit all of the remaining stock in the outlet(s). The Tr-ibe shall be empowered to seize forfeited products.
1-16.01 - If any provision of the Regulations in its application to any person or circumstance is held invalid, the remainder of the Regulations and their application to other persons or circumstances is not affected.