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File #: 15-033    Version: 1 Name: The Public Intox and Open Container Act
Type: Legislative Act Status: Passed
File created: 2/26/2015 In control: TRIBAL COUNCIL
On agenda: 2/26/2015 Final action: 3/11/2015
Enactment date: 2/26/2015 Enactment #: LA-04-15
Title: AN ACT RELATING TO INTOXICATING LIQUORS
Sponsors: Tina Glory Jordan
Indexes: Liquor
Code sections: Title 37 - Intoxicating Liquors
Attachments: 1. LA-04-15.PDF
Related files: CNCA-37
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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