[Federal Register Volume 70, Number 5 (Friday, January 7, 2005)]
[Notices]
[Pages 1460-1464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-322]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


Kickapoo Tribe of Oklahoma--Liquor and Beer Ordinance

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Kickapoo Tribe of Oklahoma Liquor 
and Beer Ordinance. The Ordinance regulates and controls the 
possession, sale and consumption of liquor within the Kickapoo Tribe of 
Oklahoma Indian Country. The land is located on trust land and this 
Ordinance allows for the possession and sale of alcoholic beverages 
within the Kickapoo Tribe of Oklahoma's Indian Country and will 
increase the ability of the tribal government to control the tribe's 
liquor distribution and possession, and at the same time will provide 
an important source of revenue for the continued operation and 
strengthening of the tribal government and the delivery of tribal 
services.

DATES: Effective Date: This Act is effective on January 7, 2005.

FOR FURTHER INFORMATION CONTACT: Terry Bruner, Community Services 
Officer, Southern Plains Regional Office, Bureau of Indian Affairs, WCK 
Office Complex, P.O. Box 368, Anadarko, OK 73005, Phone: (405) 247-
1668; Fax: (405) 247-5611 or 247-9240; or Ralph Gonzales, Office of 
Tribal Services, Bureau of Indian Affairs 1951 Constitution Avenue, 
NW., Mail Stop 320-SIB, Washington, DC 20240; Telephone (202) 513-7629.

SUPPLEMENTARY INFORMATION: Pursuant to the Act of August 15, 1953, 
Public Law 83-277, 67 Stat. 586, 18 U.S.C. 1161, as interpreted by the 
Supreme Court in Rice v. Rehner, 463 U.S. 713 (1983), the Secretary of 
the Interior shall certify and publish in the Federal Register notice 
of adopted liquor ordinances for the purpose of regulating liquor 
transactions in Indian country. The Kickapoo Council adopted its Liquor 
and Beer Ordinance by Resolution No. 02-78 on October 11, 2002. The 
purpose of this Ordinance is to govern the sale, possession and 
distribution of alcohol within the Kickapoo Tribe of Oklahoma Indian 
Country.
    This notice is published in accordance with the authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs.
    I certify that the Council of the Kickapoo Tribe of Oklahoma 
adopted its Liquor and Beer Ordinance by

[[Page 1461]]

Resolution No. 02-78 on October 11, 2002.

    Dated: December 23, 2004.
David W. Anderson,
Assistant Secretary--Indian Affairs.

    The Kickapoo Tribe of Oklahoma's Liquor and Beer Ordinance reads as 
follows:

Kickapoo Tribe of Oklahoma Liquor and Beer Ordinance

    Be it Enacted by the Council of the Kickapoo Tribe of Oklahoma 
the Kickapoo Tribe of Oklahoma Liquor and Beer Ordinance of 2002:

Section 1. Title and Purpose

    This title shall be known as the Kickapoo Tribe of Oklahoma 
Liquor and Beer Ordinance (``Ordinance''). This law is enacted to 
regulate the sale and distribution of liquor and beer products on 
all properties under the jurisdiction of the Kickapoo Tribe of 
Oklahoma, and to generate revenue to fund needed tribal programs and 
services.

Section 2. Authority

    This Ordinance is enacted pursuant to Article XV--Tribal 
Legislation of the Constitution and By-Laws of the Kickapoo Tribe of 
Oklahoma and the Congressional Act of August 15, 1953 (Pub. L. 83-
277, 67 Stat. 588, 18 U.S.C. Section 1161).

Section 3. Definitions

    Unless otherwise required by the context, the following words 
and phrases shall have the designated meanings:
    (a) ``Nation'' or ``Tribe'' shall mean the Kickapoo Tribe of 
Oklahoma.
    (b) ``Business Committee'' shall mean the Kickapoo Tribe of 
Oklahoma Business Committee as constituted by Article V, Section 1, 
of the Kickapoo Tribe of Oklahoma Constitution and By-Laws.
    (c) ``Commission'' shall mean the Kickapoo Tribe of Oklahoma 
Liquor and Beer Control Commission established pursuant to Section 
201 of this Ordinance.
    (d) ``Kickapoo Tribe of Oklahoma Indian Country'' shall mean 
Indian Country as defined by 18 U.S.C. Section 1151 subject to the 
jurisdiction of the Kickapoo Tribe of Oklahoma, including but not 
limited to, any lands and waters held in Federal trust by the United 
States Federal government within the jurisdiction of the Kickapoo 
Tribe of Oklahoma.
    (e) ``Sale'' shall mean the transfer, exchange or barter, in any or 
by any means whatsoever, for a consideration, by any person, 
association, partnership, or corporation, of liquor or beer products.
    (f) ``Wholesale Price'' shall mean the established price for which 
liquor and beer products are sold to the Kickapoo Tribe of Oklahoma or 
any Operator by the manufacturer or distributor or other reduction.
    (g) ``Alcohol'' is that substance known as ethyl alcohol, hydrated 
oxide of ethyl, or spirit of wine, which is produced by the 
fermentation or distillation of grain, starch, molasses, or sugar, or 
other substances including all dilutions and mixtures of this 
substance.
    (h) ``Liquor'' shall mean the four varieties of liquor, commonly 
referred to as alcohol, spirits, wine, and beer in excess of 5 percent 
of alcohol, and all fermented, spirituous, vinous or malt liquor or any 
other intoxicating liquid, solid, semi-solid or other substance 
patented or not, containing alcohol, spirits, wine, or beer, in excess 
of 5 percent of alcohol, and is intended for oral consumption.
    (i) ``Beer'' shall mean any beverage obtained by the alcohol 
fermentation of an infusion or decoction of pure hops, or pure extract 
of hops, malt, and sugar in pure water containing not more than 5 
percent of alcohol by weight.
    (j) ``Liquor Outlet'' shall mean a tribal licensed retail sale 
business selling liquor within the Kickapoo Tribe of Oklahoma Indian 
Country, including all related and associated facilities under the 
control of the Licensee. Moreover, where a Licensee's business is 
carried on as part of the operation of an entertainment or recreation 
facility, the ``Liquor Outlet'' shall be deemed to include the 
entertainment or recreation facility and associated areas.
    (k) ``Beer Outlet'' shall remain a tribal licensed retail sale 
business selling beer within the Kickapoo Tribe of Oklahoma Indian 
Country, including all related and associated facilities under the 
control of the Licensee. Moreover, where a Licensee's business is 
carried on as part of the operation of an entertainment or recreation 
facility, the ``Beer Outlet'' shall be deemed to include the entire 
entertainment or recreation facility and associated areas.
    (l) ``Operator'' or ``Licensee'' shall mean any person twenty-one 
(21) years of age or older, properly licensed by the Tribe to operate a 
liquor and/or beer outlet.

Chapter One--Prohibition and Conformity with the Laws of the State of 
Oklahoma

Section 101. General Prohibition

    It shall be unlawful to buy, sell, give away, consume, furnish, or 
possess any liquor or beer or product containing alcohol for ingestion 
by human beings, or to appear or be found in a place where liquor or 
beer are sold and/or consumed except as allowed by the Kickapoo Tribe 
of Oklahoma Liquor and Beer Ordinance and regulations promulgated 
thereunder.

Section 102. Possession for Personal Use

    Possession of liquor or beer for personal use by persons over the 
age of twenty-one (21) years shall, unless otherwise prohibited by 
Federal law or Tribal law or regulation, be lawful within the Kickapoo 
Tribe of Oklahoma Indian Country, so long as such liquor or beer was 
lawfully purchased from an establishment duly licensed to sell such 
beverages, whether on or off the Kickapoo Tribe of Oklahoma Indian 
Country and consumed within a private residence or location, or at a 
location or facility specifically licensed for the public consumption 
of liquor or beer.

Section 103. Conformity with the Laws of the State of Oklahoma

    Federal law prohibits the introduction, possession and sale of 
liquor in Indian Country (18 U.S.C. Section 1154 and other statutes), 
except when same is in conformity both with the laws of the State and 
Tribe (18 U.S.C. Section 1161). As such, compliance with this Ordinance 
shall be in addition to, and not a substitute for, compliance with the 
laws of the State of Oklahoma. Operators acting pursuant to this 
ordinance shall comply with the State of Oklahoma liquor and beer laws 
to the extent required by 18 U.S.C. Section 1161. However, the Kickapoo 
Tribe of Oklahoma shall have the fullest jurisdiction allowed under 
Federal law over the sale of liquor and beer products, and related 
products or activities, within the boundaries of the Kickapoo Tribe of 
Oklahoma.

Chapter Two--Licensing

Section 201. Licensing of Liquor and Beer Outlets

    The Business Committee of the Kickapoo Tribe of Oklahoma shall 
appoint three (3) qualified persons to serve as the Kickapoo Tribe of 
Oklahoma Liquor and Beer Commission. The initial Liquor and Beer 
Control Commission will have the Chairman to serve a term of three (3) 
years, the Vice-Chairman a term two (2) years, and the Secretary/
Treasurer to serve a term of one (1) year. After the initial terms have 
expired each position will then serve a term of three (3) years each. 
The appointments and/or removal of any of the Commissioners shall be 
discretionary with the Business Committee. The Commission is empowered 
to:
    (a) Administer this Ordinance by exercising general control, 
management, and supervision of all liquor and beer sales, places of 
sales and sales outlets as well as exercising all powers necessary

[[Page 1462]]

to accomplish the purposes of this Ordinance.
    (b) Adopt and enforce rules and regulations in furtherance of the 
purposes of this Ordinance and in the performance of its administrative 
functions.

Section 202. Application for Liquor and Beer Outlet Licenses

    (a) Application. Any person twenty-one (21) years of age or older, 
may apply to the Commission for a liquor and/or beer outlet license.
    (b) Licensing Requirements. The person applying for such permit 
must make a showing once a year and must satisfy the Commission that:
    (1) He/she is a person of good moral character;
    (2) He/she has never been convicted of violating any of the laws 
prohibiting the traffic in any spirituous, vinous, fermented or malt 
liquors, or of any of the gambling laws of the Tribe, State of 
Oklahoma, or any other Tribe or any State of the United States, within 
three (3) years immediately preceding the date of his/her petition;
    (3) He/she has never violated the laws commonly called the 
``prohibition laws'';
    (4) He/she has not had any permit or license to sell non-
intoxicating liquors revoked by any governmental authority within the 
previous twelve (12) months.
    (c) Processing of Application. The Commission's Secretary shall 
receive and process applications and be the official representative of 
the Tribe and Commission in matters relating to receipt of 
applications, liquor and beer excise tax collections, and related 
matters. If the Commission or its authorized representative is 
satisfied that the applicant is suitable and a responsible person, the 
Commission, or its authorized representative may issue a license for 
the sale of liquor and/or beer products.
    (d) Application fee. Each application shall be accompanied by an 
application fee to be set by regulation of the Commission.
    (e) Discretionary Licensing. Nothing herein shall be deemed to 
create a duty or requirement to issue a license. Issuance of a license 
is discretionary upon the Commission's determination of the best 
interests of the Kickapoo Tribe of Oklahoma, and the license grants a 
privilege, but not a property right, to sell liquor and/or beer within 
the jurisdiction of the Kickapoo Tribe of Oklahoma.

Section 203. Liquor and Beer Outlet Licenses

    (a) Upon approval of an application, the Commission shall issue the 
applicant a liquor and/or beer outlet license, valid for one (1) year 
from the date of issuance, which shall entitle the Operator to 
establish and maintain only the type of outlet being permitted. This 
license shall not be transferable. The Licensee must properly and 
publicly display the license in the place of business. It shall be 
renewable at the discretion of the Commission by the submission of the 
Licensee of a subsequent application form and payment of application 
fee as provided in Section 202(d).

Section 204. Other Business by Operator

    An Operator may conduct another business simultaneously with 
managing a liquor and/or beer outlet; PROVIDED, if such other business 
is in any manner affiliated or related to the liquor and/or beer outlet 
it must be approved by majority vote of the Commission prior to 
initiation. Said other business may be conducted on the same premise as 
a liquor and/or beer outlet, but the Operator shall be required to 
maintain separate books of account for the other business.

Section 205. Revocation of Operator's License

    (a) Failure of an Operator to abide by the requirements of this 
Ordinance and any additional regulations or requirements imposed by the 
Commission will constitute grounds for revocation of the Operator's 
license as well as enforcement of the penalties provided in Section 601 
of this Ordinance.
    (b) Upon determining that any person licensed by the Kickapoo Tribe 
of Oklahoma to sell liquor and/or beer is, for any reason, no longer 
qualified to hold such license or reasonably appears to have violated 
any terms of the license or tribal regulations, including failure to 
pay taxes when due and owing, or have been found by any forum of 
competent jurisdiction, including the Commission, to have violated the 
terms of a tribal or state license or of any provision of this 
Ordinance, the Chairperson of the Commission shall immediately serve 
written notice upon the Licensee that he/she show cause within ten (10) 
days why his or her license should not be revoked or restricted. The 
notice shall state the grounds relied upon for the proposed revocation 
or restriction.
    (c) If the Licensee fails to respond to the notice within ten (10) 
days of service, the Chairperson may issue an order revoking the 
license as the Chairperson deems appropriate, effective immediately. 
The Licensee may, within the ten (10) day period, file with the Office 
of the Chairperson, or the Secretary of the Business Committee, a 
written response and request for hearing before the Commission.
    (d) At the hearing, the Licensee may present evidence and argument 
directed at the issue of whether or not the asserted grounds for the 
proposed revocation or restriction are in fact true, and whether such 
grounds justify the revocation or modifications of the license. The 
Tribe may present other evidence as it deems appropriate.
    (e) The Commission after considering all of the evidence and 
arguments, shall issue a written decision either upholding the license, 
revoking the license or imposing some lessor penalty (such as temporary 
suspension or fine), and such decision shall be final and conclusive 
with regard to the Commission.
    (f) The Commission's final decision, upon posting a bond with the 
Tribal District Court sufficient to cover the Commission's final 
hearing assessment or ruling, may be appealed by the Licensee to the 
Tribal District Court of the Kickapoo Tribe of Oklahoma. Any findings 
of fact of the Commission are conclusive upon the Tribal District Court 
unless clearly contrary to law. The purposes of the Tribal District 
Court review are not to substitute the Court's finding of facts or 
opinion for the Commission's, but to guarantee due process of law. If 
the Tribal District Court should rule for the appealing party, the 
Tribal District Court may order a new hearing giving such guidance for 
the conduct of such as it deems necessary for a fair hearing. In the 
event the appealing party losses before the Tribal District Court they 
may exercise such appeal rights as available before the Tribal Supreme 
Court. No damage or monies may be awarded against the Commission, its 
members, nor the Tribe, and its agents, officers, and/or employees in 
such an action.

Section 206. Discretionary Refusal

    The Commission may refuse to grant a license for the sale of liquor 
and/or beer if the Commission has reasonable cause to believe that:
    (a) The proximity of the outlet will have a detrimental effect upon 
any social or governmental institution as established by the Kickapoo 
Council or Business Committee; or
    (b) Any residential area; or

[[Page 1463]]

    (c) There is any other reason as provided by tribal law, ordinance, 
or regulation; or
    (d) The license required by this Ordinance has been obtained by 
fraud or misrepresentation, the Commission, upon proof that such 
license was so obtained, shall, upon hearing had, revoke the same, and 
all funds paid therefor shall be forfeited.

Chapter Three--Liquor and Beer Sales and Transportation

Section 301. Sales by Liquor and Beer Wholesalers and Transport of 
Liquors and Beers Upon Kickapoo Tribe of Oklahoma Indian Country

    (a) Right of Commissioners to Scrutinize Suppliers. The Operator of 
any licensed outlet shall keep the Commission informed, in writing, of 
the identity of the suppliers and/or wholesalers who supply or are 
expected to supply liquor and/or beer stocks to the outlet(s). The 
Commission may, at its discretion, limit or prohibit the purchases of 
said stock from a supplier or wholesaler for the following reasons: 
non-payment of Tribal taxes, bad business practices; or sale of 
unhealthy supplies. A ten (10) day notice of stopping purchases (``Stop 
Purchase Order'') will be given by the Commission whenever purchases 
from a supplier are to be discontinued unless there is a health 
emergency, in which case the Stop Purchase Order may take effect 
immediately.
    (b) Freedom of Information from Suppliers. Operators shall in their 
purchase of stock and in their business relations with suppliers 
cooperate with and assist the free flow of information and data to the 
Commission from suppliers relating to the sales and business 
arrangements between suppliers and Operators. The Commission may, at 
its discretion, require the receipts from the suppliers of all 
invoices, bills of lading, billings or documentary receipts of sales to 
the Operators. All records shall be kept according to Section 302(g) of 
this Ordinance.

Section 302. Sales by Retail Operators

    (a) Commission Regulations. The Commission shall adopt regulations 
which shall supplement these laws and facilitate their enforcement. 
These regulations shall include prohibitions on sales to minors, where 
liquor and/or beer may be consumed, persons not allowed to purchase 
liquor and/or beer, hours and days when outlets may be open for 
business, and other appropriate matters and controls.
    (b) Sales to Minors. No person shall give, sell, or otherwise 
supply any liquor and/or beer to any person under the age of twenty one 
(21) years of age either for his or her own use or for the use of any 
other person.
    (c) Consumption of Liquor and/or Beer upon Licensed Premises. No 
Operator shall permit any person to open or consume liquor or beer on 
his or her premises or any premises adjacent thereto and in his or her 
control until the Commission allows the consumption of liquor and/or 
beer and identifies where liquor and/or beer may be consumed on the 
Kickapoo Tribe of Oklahoma Indian Country.
    (d) Conduct on Licensed Premises.
    (1) No Operator shall be disorderly, boisterous, or intoxicated on 
the licensed premises or on any public premises adjacent thereto which 
are under his or her control, nor shall he or she permit any 
disorderly, boisterous, or intoxicated person to be thereon; nor shall 
he or she use or allow the use of profane or vulgar language thereon.
    (2) No Operator shall permit suggestive, lewd, or obscene conduct 
or acts on his or her premises. For the purpose of this section, 
suggestive, lewd, or obscene acts or conduct shall be those acts or 
conduct identified as such by the laws of the Tribe and/or the State of 
Oklahoma.
    (e) Employment of Minors. No person under the age of twenty-one 
(21) years of age shall be employed in any service in connection with 
the sale or handling of liquor, or beer, either on a paid or voluntary 
basis.
    (f) Operator's Premises Open to Commission Inspection. The premises 
of all Operators, including vehicles used in connection with liquor 
and/or beer sales, shall be open during business hours and at all 
reasonable times to inspection by the Commission or its designated 
representatives.
    (g) Operator's Records. The originals or copies of all sales slips, 
invoices, and other memoranda covering all purchases of liquor and/or 
beer by Operators shall be kept on file in the retail premises of the 
Operator purchasing the sale at least five (5) years after each 
purchase, and shall be filed separately and kept apart from all other 
records, and as nearly as possible, shall be filed in consecutive order 
and each month's records kept separate so as to render the same readily 
available for inspection and checking. All canceled checks, bank 
statements and books of accounting covering or involving the purchase 
of liquor and/or beer, and all memoranda, if any, showing payment of 
money for liquor and/or beer other than by check, shall be likewise 
preserved for availability for inspection and checking.
    (h) Records Confidential. All records of the Commission showing the 
purchase of liquor by any individual or group shall be confidential and 
shall not be inspected except by members of the Commission, or its 
authorized representative.

Section 303. Transportation Through the Reservation Not Affected

    Nothing herein shall pertain to the otherwise lawful transportation 
of liquor or beer through the Kickapoo Tribe of Oklahoma Indian Country 
by persons remaining upon public highways and where such beverages are 
not delivered or sold or offered for sale to anyone within the Kickapoo 
Tribe of Oklahoma Indian Country.

Chapter Four--Taxation and Audits

Section 401. Excise Tax Imposed Upon Distribution of Liquor and/or Beer 
and Use of Such Tax

    (a) General Taxation Authority. The Commission shall have the 
authority, provided by Tribal law, to assess and collect tax on sales 
of liquor and beer products to the consumer or purchaser. This tax 
shall be collected and paid to the Commission upon all liquor and/or 
beer products sold within the jurisdiction of the Tribe. The Kickapoo 
Council does establish such a rate of five percent (5%), and may 
establish differing rates for any given class of merchandise, which 
shall be paid prior to the time of retail sale and delivery thereof.
    (b) Added to Retail Price. An excise tax, to be set by the Kickapoo 
Council, on the wholesale price shall be added to the retail selling 
price of liquor and/or beer products to be sold to the ultimate 
consumer or purchaser in the three and one-half percent (3\1/2\%). All 
taxes paid pursuant to this Ordinance shall be conclusively presumed to 
be direct taxes on the retail consumer pre-collected for the purposes 
of convenience and facility.
    (c) Within seventy-two (72) hours after receipt of any liquor and/
or beer by any wholesaler or retailer subject to this Ordinance, a 
Tribal tax stamp shall be securely affixed thereto denoting the Tribal 
tax thereon. Retailers or sellers of liquor and/or beer within the 
Tribe's jurisdiction may buy and sell or have in their possession only 
liquor and/or beer which have the Tribal tax stamp affixed to each 
package.
    (d) Use of Tax Revenue. The revenue generated by the excise levied 
hereunder shall be used exclusively for the establishment and 
maintenance of

[[Page 1464]]

drug and alcohol prevention and treatment programs within the Indian 
Country of the Kickapoo Tribe of Oklahoma.

Section 402. Audits and Inspections

    (a) All of the books and other business records of the outlet shall 
be available for inspection and audit by the Commission, or its 
authorized representative, during normal business hours and at all 
other reasonable times, as may be requested by the Commission.
    (b) Bond for Excise Tax. The excise tax together with reports on 
forms to be supplied by the Commission shall be remitted to the 
Commission on a monthly basis unless otherwise specified in writing by 
the Commission. The Operator shall furnish a satisfactory bond to the 
Commission in an amount to be specified by the Commission guaranteeing 
his or her payment of excise taxes.

Chapter Five--Liability, Insurance, and Sovereign Immunity

Section 501. Liability for Bills

    The Kickapoo Tribe of Oklahoma and the Commission shall have no 
legal responsibility for any unpaid bills owed by a liquor and/or beer 
outlet to a wholesaler supplier or any other person.

Section 502. Tribal Liability and Credit

    (a) Unless explicitly authorized by Tribal statute or regulation, 
Operators are forbidden to represent or give the impression to any 
supplier or person with whom he or she does business that he or she is 
an official representative of the Tribe or the Commission authorized to 
pledge tribal credit or financial responsibility for any of the 
expenses of his or her business operation. The Operator shall hold the 
Tribe harmless from all claims and liability of whatever nature. The 
Commission shall revoke an Operator's outlet license(s) if said 
outlet(s) is not operated in a businesslike manner or if it does not 
remain financially solvent or does not pay its operating expenses and 
bills before they become delinquent.
    (b) Insurance. The Operator shall maintain at his or her own 
expense adequate insurance covering liability, fire, theft, vandalism, 
and other insurable risks. The Commission may establish as a condition 
of any license, the required insurance limits and any additional 
coverage deemed advisable, proof of which shall be filed with the 
Commission.

Section 503. Sovereign Immunity Preserved

    Nothing in this statute shall be construed as a waiver or 
limitation of the sovereign immunity of the Kickapoo Tribe of Oklahoma, 
or its agencies, nor their officers or employees. To the fullest extent 
possible the Kickapoo Tribe of Oklahoma expressly retains its Tribal 
sovereign immunity for the purposes of enactment of this Ordinance.

Chapter Six--Violations and Penalties

Section 601. Violations and Penalties

    (a) Any person who violates this Ordinance or elicits, encourages, 
directs or causes to be violated this Ordinance, or laws in support of 
this Ordinance, or regulations of the Commission shall be guilty of an 
offense and subject to fine. Failure to have a current, valid or proper 
license shall not constitute a defense to an alleged violation of the 
licensing laws and/or regulations. The judicial system of the Kickapoo 
Tribe of Oklahoma shall have exclusive jurisdiction over such 
proceeding(s).
    (1) Any person convicted of committing any violation of this 
Ordinance shall be subject to punishment of up to one (1) year 
imprisonment and/or a fine not to exceed Five Thousand Dollars 
($5,000.00).
    (2) Additionally, any person upon committing any violation of any 
provision of this Ordinance may be subject to civil action for 
trespass, and upon having been determined by the judicial system of the 
Kickapoo Tribe of Oklahoma to have committed the violation, shall be 
found to have trespassed upon lands of the Kickapoo Tribe of Oklahoma, 
and shall be assessed such damages as the judicial system of the 
Kickapoo Tribe of Oklahoma deems appropriate in the circumstances.
    (3) Any person suspected of having violated any provision of this 
Ordinance shall, in addition to any other penalty imposed hereunder, be 
required to surrender any liquor and/or beer in person's possession to 
the officer making the compliant. The surrendered beverages, if 
previously unopened, shall only be returned upon a finding of the 
Tribal judicial system, after trial, or proper judicial proceeding, 
that the individual committed no violation of this Ordinance.
    (4) Any Operator who violates the provisions set forth herein shall 
forfeit all of the remaining stock in the outlet(s). The Commission 
shall be empowered to seize forfeited products.
    (5) Any stock, goods, or other items subject to this Ordinance that 
have not been registered, licensed, or taxes paid shall be contraband 
and subject to immediate confiscation by the Commission or its 
employees or agents, PROVIDED, that within fifteen (15) days of the 
seizure the Commission shall cause to be filed an action against such 
property alleging the reason for the seizure or confiscation, and upon 
proof, the Kickapoo Tribe of Oklahoma judicial system shall order the 
property forfeited and vested with the Kickapoo Tribe of Oklahoma.

Chapter Seven--Miscellaneous Provisions

Section 701. Severability

    If any provision of this Ordinance in its application to any person 
or circumstance is held invalid, the remainder of this Ordinance and 
its application to other persons or circumstances is not affected.

Section 702. Repealer

    Upon enactment by the Kickapoo Council any and all previous Liquor 
and Beer Ordinance(s) of the Kickapoo Tribe of Oklahoma are hereby 
repealed and this Ordinance as enacted shall have the full force and 
effect as Tribal law.

Section 703. Effective Date

    This Ordinance shall become effective upon publication of the 
Secretary of the Interior's certification notice in the Federal 
Register.
[FR Doc. 05-322 Filed 1-6-05; 8:45 am]
BILLING CODE 4310-4J-P