Council of the Cherokee Nation - File #: 08-083

• File #: 08-083
• Version: 1
• Name: Amendment to Limited Mixed Beverage Sales Act
• Type: Legislative Act
• Status: Passed
• File created: 6/17/2008
• In control: RULES COMMITTEE
• On agenda: 6/26/2008
• Final action: 7/14/2008
• Enactment date: 7/14/2008
• Enactment #: LA-13-08
• Title: A LEGISLATIVE ACT AMENDING THE CHEROKEE NATION LIMITED MIXED BEVERAGE SALES ACT - LEGISLATIVE ACT #41-03, AS AMENDED BY LEGISLATIVE ACT #9-04
• Sponsors: Meredith Frailey
• Indexes: Gaming, Mixed Beverages , Tax Commission
• Code sections: Title 37 - Intoxicating Liquors
• Related files: LA-41-03, LA-09-04, 12-073, 12-160

Date	Ver.	Action By	Action	Result
7/21/2008	1	OFFICE OF THE CHIEF	Signed
7/14/2008	1	TRIBAL COUNCIL	Approved	Pass
6/26/2008	1	RULES COMMITTEE	Approved and Forwarded to Council	Pass

Title
A LEGISLATIVE ACT AMENDING THE CHEROKEE NATION LIMITED MIXED BEVERAGE SALES ACT - LEGISLATIVE ACT #41-03, AS AMENDED BY LEGISLATIVE ACT #9-04
Body
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, L.L.C. (“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 ...