Title
A LEGISLATIVE ACT AMENDING THE CHEROKEE NATION LIMITED MIXED BEVERAGES SALES ACT - LEGISLATIVE ACT #41-03 AS AMENDED BY LEGISLATIVE ACT #09-04 AND #13-08
Body
BE IT ENACTED BY THE CHEROKEE NATION:
Section 1. TITLE AND CODIFICATION
This act shall be known as the 2012 Technical Amendment to 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 1953, 67 Stat. 586, codified at 18 U.S.C. Section 1161.
Section 3. PURPOSE
The purpose of this Act is:
A. To amend Legislative Act 41-03, as amended by Legislative Acts 09-04 and 13-08, in order to clarify the activities that fall under the jurisdiction of the Cherokee Nation Tax Commission.
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 liquor at limited and designated areas of Indian Country within the jurisdiction of the Cherokee Nation.
Section 4. LEGISLATIVE HISTORY
LA 41-03 approved and signed on December 22, 2003, amended by LA 09-04 approved and signed on March 22, 2004, amended by Legislative Act 13-08 approved and signed on July 21, 2008.
Section 5. 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 jurisd...
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