An Act
Committee: Rules Sponsor: Frailey
Assigned: 03/15/04 Committee: Council Mtg. Author: Wilcoxen/Hembree
LEGISLATIVE ACT 9-04
Title
A LEGISLATIVE ACT AMENDING LEGISLATIVE ACT #41-03 "THE CHEROKEE
NATION LIMITED MIXED BEVERAGE SALES ACT", RELATING TO CHEROKEE
NATION ENTERPRISES, INC. AND ADDING NEW LANGUAGE IN SECTION 8:
SALES OF LIQUOR AND DECLARING AN EMERGENCY
Body
BE IT ENACTED BY THE CHEROKEE NATION:
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 in compliance with the Act of August 15, 1953, 67 Stat. 586, codified at 18 U.S.C. Section 1161, and by the authority of the Cherokee Nation Tribal Council under Article V, Section 7 of the Constitution of the Cherokee Nation.
SECTION 3. PURPOSE
This Act authorizes the Board of Directors of Cherokee Nation Enterprises, Inc. (CNE), a wholly owned tribally chartered corporation, to establish retail liquor sales at designated locations within its hotel, restaurant and/or casino operations located on trust land. The purpose of this Act is to regulate and control the possession and sale of liquor by CNE as a licensee. 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 occupied by CNE.
SECTION 4. APPLICATION OF 18 U.S.C. SECTION 1161
Federal law requires that any 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 (law) 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 ce...
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