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File #: 12-073    Version: 1 Name: THE INTOXICATING AND NON-INTOXICATING BEVERAGE CONTROL ACT OF 2012
Type: Legislative Act Status: Withdrawn
File created: 5/8/2012 In control: RULES COMMITTEE
On agenda: 5/31/2012 Final action: 5/31/2012
Enactment date: Enactment #:
Title: A LEGISLATIVE ACT REPEALING THE CHEROKEE NATION LIMITED MIXED BEVERAGES SALES ACT - LEGISLATIVE ACT #41-03 AS AMENDED BY LEGISLATIVE ACT #09-04 AND #13-08 AND ENACTING INTOXICATING AND NON-INTOXICATING BEVERAGE CONTROL ACT
Sponsors: Buel Anglen
Indexes: Mixed Beverages
Code sections: ?? - Unknown
Related files: 08-083, LA-09-04, LA-41-03
Title
A LEGISLATIVE ACT REPEALING THE CHEROKEE NATION LIMITED MIXED BEVERAGES SALES ACT - LEGISLATIVE ACT #41-03 AS AMENDED BY LEGISLATIVE ACT #09-04 AND #13-08 AND ENACTING INTOXICATING AND NON-INTOXICATING BEVERAGE CONTROL ACT
Body
BE IT ENACTED BY THE CHEROKEE NATION:

Section (code section) 1. TITLE AND CODIFICATION

Example: This act shall be known as the Intoxicating and Non-Intoxicating Beverage Control Act and codified as _____________ (Title) ___________ (Section) ______________ of the Cherokee Nation Code Annotated.

Section (code 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 1953, 67 Stat. 586, codified at 18 U.S.C. Section 1161

Section (code section) 3. PURPOSE

The purpose of this Act is:

A. To repeal Legislative Act 41-03, as amended by Legislative Acts 09-04 and 13-08, and replace it in its entirety.

B. To authorize corporate entities wholly owned by the Cherokee Nation, a person or entity designated by corporate entities wholly owned by the Cherokee Nation and the employees thereof to apply for a license from the Cherokee Nation Tax Commission to establish retail liquor sales at designated locations on Indian Country within the jurisdiction of the Cherokee Nation.

C. To regulate and control the possession and sale of intoxicating and non-intoxicating beverages at limited and designated areas of Indian County within the jurisdiction of the Cherokee Nation.

D. To set an excise tax that will raise revenue for the treatment of substance abuse and fund programs to mental health.


Section (code section) 4. LEGISLATIVE HISTORY

LA 41-03 approved and signed on December 22, 2003, amended by LA 09-04 and approved and signed on March 22, 2004, amended by Legislative Act 13-08 approved and signed on July 21, 2008.

Section (code section) 5. APPLICATION OF 18 U.S.C. SECTION 1161

Federal...

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