Title
AN ACT RELATING TO INTOXICATING LIQUORS
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. Title and Codification
This act shall be known as the Public Intoxication and Open Container Act and codified as Title 37, Chapter 1, Sections 1, 2 and 8 of the Cherokee Nation Code Annotated.
Section 2. Purpose
To criminalize open container and public intoxication within Cherokee Nation and renumber portions of the “Cherokee Nation Mixed Beverage Sales Act.”
Section 3. Legislative History
Title 37, Chapter 1, Sections 1, 2 and 8.
Section 4.
Chapter 1
§ 1. Possession of open container of intoxicating or alcoholic beverage
Except where otherwise provided for by law, every person who possesses any open container of alcohol, beer, wine coolers, or other intoxicating or alcoholic beverage at any public facility or grounds upon Indian Country shall be guilty of a crime and shall be punished by up to thirty (30) days in a penal institution and/or a fine of up to two hundred and fifty dollars ($250.00).
Section 5.
§ 2. Second and subsequent alcohol related offenses
Every person who having been convicted of public intoxication or some other alcohol related crime or of an attempt of some other alcohol related crime shall upon subsequent conviction of public intoxication or some other alcohol related crime or of an attempt of some other alcohol related crime be punishable by twice the punishment provided for the crime.
Section 6.
§ 8. Consuming or inhaling intoxicants in public places-Penalties
Any person who shall, in any public place, or in or upon any passenger streetcar or in or upon any vehicle commonly used for the transportation of passengers, or in or about any depot, platform, waiting station or room, otherwise consume any intoxicating liquor unless authorized by law, intoxicating substance, or intoxicating compound of any kind, or inhale glue, paint or other intoxicating substance, if any person shall be drunk or intoxicated in any p...
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