Caddo Nation Liquor Control Code

Issuing agencies

Abstract

This notice publishes the Caddo Nation of Oklahoma Liquor Control. The liquor control code is to regulate and control the possession, sale, manufacture and distribution of alcohol in conformity with the laws of the State of Oklahoma for the purpose of generating new Tribal revenues. Enactment of the code will help provide a source of revenue to strengthen Tribal government, provide for the economic viability of Tribal enterprises and improve delivery of Tribal government services.

Full Text

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<title>Federal Register, Volume 91 Issue 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Notices]
[Pages 54369-54376]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17057]



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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

[267A2100DD/AAMM001010/A0A600000.000000]


Caddo Nation Liquor Control Code

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: This notice publishes the Caddo Nation of Oklahoma Liquor 
Control. The liquor control code is to regulate and control the 
possession, sale, manufacture and distribution of alcohol in conformity 
with the laws of the State of Oklahoma for the purpose of generating 
new Tribal revenues. Enactment of the code will help provide a source 
of revenue to strengthen Tribal government, provide for the economic 
viability of Tribal enterprises and improve delivery of Tribal 
government services.

DATES: This Code shall become effective August 21, 2026.

FOR FURTHER INFORMATION CONTACT: Ms. Sherry Lovin, Tribal Government 
Services Officer, Southern Plains Regional Office, Bureau of Indian 
Affairs, P.O. Box 368, Anadarko, Oklahoma 73005, (405) 247-6673; 
<a href="/cdn-cgi/l/email-protection#62110a0710101b4c0e0d140b0c22000b034c050d14"><span class="__cf_email__" data-cfemail="097a616c7b7b702765667f6067496b6068276e667f">[email&#160;protected]</span></a>.

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. On December 10, 2025, the Caddo Nation 
of Oklahoma Tribal Council duly adopted the Caddo Nation Liquor Control 
Code.
    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 Caddo Nation Tribal Council duly adopted by 
Resolution the Caddo Nation Liquor Control Code by Resolution No. 12-
2025-01 on December 10, 2025.
    The Caddo Nation of Oklahoma Liquor Control Code shall read as 
follows:

Liquor Control Code

Subchapter 1--General Provisions

    Sec.  1-101. Short title.
    This act shall be known as the ``Caddo Nation Liquor Control 
Code.''
    Sec.  1-102. Authority.
    This act is adopted pursuant to the Act of August 15, 1953, Pub. L. 
83-277, 67 Stat. 586 (codified at 18 U.S.C. 1161), and Article V, 
Section 2 of the Caddo Nation Constitution and By-Laws.
    Sec.  1-103. Purpose.
    The purpose of this act is to regulate and control the manufacture, 
distribution, possession, and sale of alcohol, including liquor and 
beer products, on the Tribal lands of the Caddo Nation of Nation of 
Oklahoma. This enactment will enhance the ability of the Caddo Nation 
to control all such alcohol-related activities within the jurisdiction 
of the Nation and will provide an important source of revenue for the 
continued operation and delivery of governmental services and for 
strengthening the Nation's self-governance, economic self-sufficiency, 
and self-determination.
    Sec.  1-104. Application of federal law.
    Federal law prohibits the introduction, possession, and sale of 
liquor within the Indian country of the Nation (18 U.S.C. 1154 and 
other statutes), except when in conformity both with laws of the State 
of Oklahoma and the Nation (18 U.S.C. 1161). As such, compliance with 
this act shall be in addition to and not a substitute for compliance 
with federal and state laws.
    Sec.  1-105. Lawful transportation through the Nation not affected. 
Nothing herein shall pertain to the otherwise lawful transportation of 
liquor and/or beer across the Nation's Indian country, as defined by 
federal law, by persons remaining upon public roads and highways and 
where such beverages are not delivered, sold or offered for sale to 
anyone within the Nation's Indian country.
    Sec.  1-106. Applicability.
    The introduction, manufacture, distribution, possession, sale, and 
consumption of alcoholic beverages shall be regulated under this act 
only where such activity will be conducted within or upon Tribal lands.

Subchapter 2--Definitions

    Sec.  2-101. Definitions.
    As used in this act, the following terms shall have the following 
meanings unless the context clearly requires otherwise:
    ``Alcohol'' means the product of distillation of fermented liquid, 
whether or not rectified or diluted with water, but does not mean ethyl 
or industrial alcohol, diluted or not, that has been denatured or 
otherwise rendered unfit for beverage purposes.
    ``Alcoholic beverage(s)'' means, and shall include, alcohol, beer, 
spirits, and wine, as those terms are defined herein, and also includes 
every liquid or solid, patented or not, containing alcohol, beer, 
spirits, or wine and capable of being consumed as a beverage by human 
beings, but does not include low-point beer.
    ``Applicant'' means any person who submits an application to the 
Commission for an alcoholic beverage license and who has not yet 
received such a license.
    ``Beer'' means any beverage containing more than one-half of one 
percent (\1/2\ of 1%) alcohol by volume and obtained by the alcoholic 
fermentation of an infusion or decoction of barley or other grain, malt 
or similar products. Beer may or may not contain hops or other 
vegetable products. Beer includes, among other things, beer, ale, 
stout, lager beer, porter, and other malt or brewed liquors, but does 
not include sake, known as Japanese rice wine.
    ``Beer outlet'' means a retail sale business licensed by the Nation 
to sell beer within the Nation's Indian country, including all related 
and associated facilities under the control of an operator. Where an 
operator's business is carried on as part of the operation of an 
entertainment or recreational facility, the beer outlet shall be deemed 
to include the entertainment or recreational facility and its 
associated areas.
    ``Commission'' means the Caddo Nation Tax Commission, as 
established pursuant to Tribal law, and includes the Commission's 
designees to perform administrative functions in accordance with this 
act.
    ``Legal age'' means twenty-one (21) years of age.
    ``Light Wine'' means any wine containing not more than fourteen 
percent (14%) alcohol measured by volume at sixty (60) degrees 
Fahrenheit.
    ``Liquor'' means alcohol, beer, spirits, and wine, and all other 
fermented, spirituous, vinous or malt liquors or any other intoxicating 
liquid, solid, semi-solid or other substance patented or not, 
containing alcohol, beer, spirits or wine, in excess of three and two-
tenths percent (3.2%) of alcohol, and that is intended for oral 
consumption.
    ``Liquor outlet'' or ``outlet'' means a retail sale business 
licensed by the Nation to sell within the Nation's Indian country, 
including all related and associated facilities under the control of 
the operator. Moreover, where an operator's business is carried on as 
part of the operation of an entertainment or recreational facility, the 
``liquor outlet'' shall be deemed to include the entertainment or 
recreational facility and its associated areas.
    ``Low-point beer'' means and includes beverages containing more 
than one-half

[[Page 54370]]

of one percent (\1/2\ of 1%) alcohol by volume, and not more than three 
and two-tenths percent (3.2%) alcohol by weight, including but not 
limited to beer or cereal malt beverages obtained by the alcoholic 
fermentation of an infusion of barley or other grain, malt or similar 
products. Low-point beer is also commonly referred to as three-point-
two-beer, light beer, near-beer, and small beer.
    ``Manufacturer'' means any person engaged in the manufacture of 
alcohol, including, but not limited to the manufacture of alcoholic 
beverages.
    ``Nation'' means the Caddo Nation of Oklahoma.
    ``Oklahoma liquor license'' means any license or permit issued by 
the State of Oklahoma, including any agency, subdivision, or county 
thereof, regulating any form of alcohol, including, but not limited to 
any form of alcoholic beverage. Any license or permit issued for the 
sale or distribution of ``low-point beer,'' as defined under Oklahoma 
law, shall be considered an Oklahoma liquor license under this act.
    ``Operator'' means a person of legal age who is properly licensed 
by the Commission to operate a liquor outlet and/or a beer outlet.
    ``Person'' means a natural person, a partnership, an association of 
persons, a corporation, a firm, a limited liability company, a sole 
proprietorship, a trust, a joint venture, a consortium, a commercial 
entity, a Caddo Nation entity, or an Indian tribe.
    ``Public place'' means federal, Tribal, state, or county highways 
and roads; buildings and grounds used as schools; public dance halls 
and grounds; soft drink establishments; public buildings; public 
meeting halls, lobbies, and dining rooms of hotels, restaurants, 
theaters, gaming facilities, entertainment centers, stores, and garages 
and filling stations that are open to and/or generally used by the 
public and to which the public has a right to access; public 
conveyances of all kinds and character; and all other places of like or 
similar nature to which the general public has right to access, and 
which are generally used by the public. For the purpose of this act, 
public place shall also include any privately owned business property 
or establishment that is designed for or may be regularly used by more 
persons other than the owner of the same, but shall not include the 
private, family residence of any person.
    ``Sale'' or ``sell'' means any transfer, exchange or barter, in any 
manner or by any means whatsoever, for a consideration and includes and 
means all sales made by any person, whether as principal, proprietor or 
as an agent, servant, or employee, association, partnership or 
corporation of liquor or beer products.
    ``Spirits'' means any beverage other than beer, wine or low-point 
beer that contains more than one-half of one percent (\1/2\ of 1%) 
alcohol measured by volume and obtained by distillation, whether or not 
mixed with other substances in solution, and includes those products 
commonly known as brandy, cordials, fortified wines, gin, liqueurs, 
rum, scotch, vodka, whisky, and similar compounds, but shall not 
include any alcohol liquid completely denatured in accordance with 
federal law and regulations applicable thereto.
    ``Tribal Council'' or ``Council'' means the elected governing body 
of the Nation, as established under the Nation's Constitution.
    ``Tribal Court'' means the courts of the Caddo Nation of Oklahoma.
    ``Tribal land'' means and refers to the geographic area that 
includes all land within the Indian country jurisdiction of the Nation, 
as established and described by federal law, and including, but not 
limited to, all lands the title to which is held by the United States 
in trust or in restricted fee, as are now in existence or that may 
hereafter be added to such jurisdiction.
    ``Tribe'' and ``Tribal'' refers to the Nation, or, when the context 
requires, to any federally recognized Indian tribe.
    ``Wholesaler'' means and includes any person doing any such acts or 
carrying on any such business or businesses that would require such 
person to obtain a wholesaler's license or licenses hereunder.
    ``Wholesale price'' means the established price for which liquor or 
beer are sold to the Nation or any operator by the manufacturer or 
distributor.
    ``Wine'' means and includes any beverage containing more than one-
half of one percent (\1/2\ of 1%) alcohol by volume and not more than 
twenty-four percent (24%) alcohol by volume at sixty (60) degrees 
Fahrenheit obtained by the fermentation of the natural contents of 
fruits, vegetables, honey, milk or other products containing sugar, 
whether or not other ingredients are added, and includes vermouth and 
sake, known as Japanese rice wine.

Subchapter 3--Liquor and Beer Sales

    Sec.  3-101. Prohibition of the unlicensed sale of alcoholic 
beverages.
    This act prohibits the introduction, manufacture, distribution, or 
sale of alcoholic beverages for commercial purposes, other than where 
conducted by a licensee in possession of a lawfully issued license in 
accordance with this act. Federal liquor laws are intended to remain 
applicable to any act or transaction that is not authorized by this 
act, and violators shall be subject to all penalties and provisions of 
any and all applicable federal, Tribal, and/or state laws.
    Sec.  3-102. License required.
    (1) Any and all sales of alcoholic beverages conducted upon Tribal 
lands shall be permitted only where the seller: (i) holds a current 
alcoholic beverage license, duly issued by the Commission; and (ii) 
prominently and conspicuously displays the license on the premises or 
location designated on the license, as required hereunder.
    (2) A licensee has the right to engage only in those activities 
involving alcoholic beverages expressly authorized by such license 
issued in accordance with this act.
    Sec.  3-103. Sales for cash.
    All sales of alcoholic beverages conducted by any person or 
commercial enterprise upon Tribal lands shall be conducted on a cash-
only basis, and no credit for said purchase and consumption of same 
shall be extended to any person, organization, or entity, except that 
this provision does not prohibit the payment of same by use of 
commercial credit cards acceptable to the seller (including but not 
limited to VISA, MasterCard, or American Express).
    Sec.  3-104. Personal consumption.
    All sales of alcoholic beverages shall be for the personal use and 
consumption of the purchaser and or his/her/its guest(s) of legal age. 
The resale of any alcoholic beverage purchased within or upon Tribal 
lands by any person or commercial enterprise not licensed as required 
by this act is prohibited.
    Sec.  3-105. Possession for personal use.
    Possession of alcohol, beer, spirits or wine products for personal 
use by persons of legal age shall, unless otherwise prohibited by 
federal, Tribal, or state laws, be lawful within the Indian country 
jurisdiction of the Nation, so long as said alcohol, beer, spirits or 
wine products were obtained or purchased from an establishment duly 
licensed to sell said beverages or products, whether within or outside 
the Nation's Indian country, as defined by federal law, and consumed 
within a private residence or at a location or facility licensed for 
the public consumption of such products.
    Sec.  3-106. On-premises consumption.
    No employee or operator of a commercial or other enterprise 
operating pursuant to a license issued hereunder, including an 
enterprise owned or operated by or for the Nation,

[[Page 54371]]

shall sell or permit any person to open or consume any alcoholic 
beverage on any premises or location, or any premises adjacent thereto, 
under his or her or its control, unless such activity is properly 
licensed as provided in this act.

Subchapter 4--Licensure

    Sec.  4-101. Eligibility.
    Only applicants operating upon Tribal lands shall be eligible to 
receive a license for the sale of any alcoholic beverage under this 
act.
    Sec.  4-102. Classes of licenses.
    The Commission shall have the authority to issue licenses in the 
following classes:
    (1) ``Retail On-Site General License'' authorizing the licensee to 
sell alcoholic beverages at retail to be consumed by the buyer only on 
the premises or at the location designated in the license. This class 
of license includes, but is not limited to, restaurants, hotels, gaming 
facilities, and other facilities where alcoholic beverages may be sold 
for consumption on the premises and in the rooms of hotel guests.
    (2) ``Retail On-Site Beer and Wine license'' authorizing the 
licensee to sell beer and wine at retail to be consumed by the buyer 
only on the premises or at the location designated in the license. This 
class of license includes, but is not limited to, restaurants, hotels, 
gaming facilities, and other facilities where beer and/or wine may be 
sold for consumption on the premises and in the rooms of bona fide 
registered guests.
    (3) ``Retail Off-Site General License'' authorizing the licensee to 
sell alcoholic beverage(s) at retail to be consumed by the buyer off of 
the premises or at a location other than the one designated in the 
license.
    (4) ``Retail Off-Site Beer and Wine License'' authorizing the 
licensee to sell beer and wine at retail to be consumed by the buyer 
off of the premises or at a location other than the one designated in 
the license.
    (5) ``Manufacturers License'' authorizing the applicant to 
manufacture alcoholic beverages in accordance with applicable laws for 
the purpose of wholesale to retailers on or off Tribal land, but not 
authorizing the sale of alcoholic beverages at retail.
    (6) ``Temporary License'' authorizing the sale of alcoholic 
beverages on a temporary basis for premises temporarily occupied by the 
licensee for an event, picnic, social gathering, or similar occasion. 
Temporary licenses may not be renewed upon expiration. A new 
application must be submitted for each such license.
    The Commission may establish sub-categories of the classes of 
licenses authorized hereunder, provided such categories remain 
consistent with this act and with applicable federal and state law.
    Sec.  4-103. Application process.
    (1) The Commission may cause a license to be issued to any 
applicant in accordance with this act as it may deem appropriate, but 
not contrary to the best interests of the Nation and its citizens. Any 
applicant who desires to be licensed to sell alcoholic beverages and 
who meets the eligibility requirements pursuant to this act must apply 
to the Commission for a license to sell or to serve alcoholic 
beverages. An applicant shall fully and accurately complete an 
application on a form provided by the Commission, shall pay such 
application fee as may be required by the Commission, and shall submit 
such application for consideration by the Commission.
    (2) All application fees paid to the Commission are nonrefundable 
upon submission of any such application. Each application shall require 
the payment of a separate application fee, as established by the 
Commission. The Commission may waive fees for good cause, in its 
discretion.
    Sec.  4-104. Licensing requirements.
    (1) Any person of legal age or older may apply to the Commission, 
on his or her behalf or as an authorized representative of qualified 
entity, for a license hereunder, subject to satisfaction of the 
requirements for such license hereunder.
    (2) A person applying for a license hereunder must make a showing 
and must satisfy the Commission that he/she/it:
    (A) is a person of good moral character;
    (B) has not been convicted of any felony or other serious crime 
involving moral turpitude, any laws relating to regulation of the 
transportation and sale of alcoholic beverages, or any gaming laws of 
the Nation; and
    (C) has not had any permit or license to sell alcoholic beverage(s) 
revoked by any other jurisdiction within the previous one (1) year.
    Sec.  4-105. Term of licenses and renewals.
    (1) Each license shall be issued for a period not to exceed two (2) 
years from the original date of issuance and may be renewed thereafter 
in compliance with this act and any rules and/or regulations hereafter 
adopted by the Commission.
    (2) Each license may be considered for renewal by the Commission 
upon the licensee's submission of a new application and payment of all 
required fees. Such renewal application shall be submitted to the 
Commission at least sixty (60) days and not more than ninety (90) days 
prior to the expiration of an existing license. If a license is not 
renewed prior to its expiration, the licensee shall cease and desist 
all activity as permitted under the license, including the sale of any 
alcoholic beverages, until the renewal of such license is properly 
approved by the Commission.
    Sec.  4-106. Application form and content.
    An application for a license hereunder shall be made to the 
Commission and shall contain at a minimum the following information, as 
provided under oath:
    (1) The name, address, and age of the applicant, including as 
applicable the names and addresses of all of the principal officers and 
directors, and other employees with primary management responsibility 
related to the sale of alcoholic beverages;
    (2) The specific area, location, and/or premise(s) for which the 
license is applied;
    (3) The hours that the applicant will sell alcoholic beverage(s) 
pursuant to the license;
    (4) For Temporary Licenses, the dates for which the license is 
sought to be in effect;
    (5) The class of license applied for;
    (6) Whether the applicant has an Oklahoma liquor license or mixed 
beverage license;
    (7) a copy of such license, and any other applicable license, shall 
be submitted to and retained by the Commission; and
    (8) A statement that the applicant satisfies the qualifications for 
a license hereunder, and that the applicant or, as applicable, none of 
the applicant's officers and directors, and employees with primary 
management responsibility related to the sale of Alcoholic Beverage(s):
    (A) has/have not been convicted of any felony or other serious 
crime involving moral turpitude, any laws relating to regulation of the 
transportation and sale of alcoholic beverages, or any gaming laws of 
the Nation;
    (B) has/have not had any permit or license to sell alcoholic 
beverage(s) revoked by any governmental authority within the previous 
one (1) year; and
    (C) has/have not violated and will not violate or cause or permit 
to be violated any of the provisions of this act.
    (9) All applications for licenses hereunder shall be signed and 
verified under oath by the applicant or a duly

[[Page 54372]]

authorized representative, and notarized.
    The Commission may require applicants to provide additional 
information consistent with this act and with applicable law.
    Sec.  4-107. Action on the application.
    The Commission shall have the authority to deny or approve the 
application, consistent with this act and the laws of the Nation. Upon 
approval of an application, the Commission shall issue a license to the 
applicant in a form to be approved from time to time by the Commission. 
The Commission shall have the authority to issue a temporary or 
provisional license pending completion of the foregoing approval 
process.
    Sec.  4-108. Denial of license or renewal.
    An application for a new license or license renewal may be denied 
for one or more of the following reasons:
    (1) The applicant has materially misrepresented facts contained in 
the application; or
    (2) The applicant is presently not in compliance with this act or 
other Tribal or federal laws; or
    (3) Granting the license (or renewal thereof) would create a threat 
to the peace, safety, morals, health or welfare of the Nation; or
    (4) The applicant has failed to demonstrate his/her/its 
satisfaction of the requirements for a license or has failed to 
complete the application properly or has failed to tender the 
appropriate fee; or
    (5) A verdict or judgment of guilty has been entered against or a 
plea of nolo contendere has been entered by the applicant or any of the 
applicants' officers or directors or employees with primary management 
responsibility relating to any offense that would otherwise disqualify 
the applicant for a license hereunder.
    Sec.  4-109. Temporary denial.
    If the application is denied solely on the basis of the applicant's 
failure to demonstrate satisfaction of the requirements or to complete 
the application properly or to tender the appropriate fee the 
Commission shall, within fourteen (14) days of receipt of the 
application, issue a written notice of temporary denial to the 
applicant. Such notice shall set forth the reasons for denial and shall 
state that the denial will become permanent if the problem(s) is not 
corrected within fifteen (15) days following receipt of the notice.
    Sec.  4-110. Cure.
    If an applicant is denied a license, the applicant may cure the 
deficiency and resubmit the application for consideration. Each re-
submission will be treated as a new application for license or renewal 
of a license.
    Sec.  4-111. Investigation.
    Upon receipt of an application for the issuance, transfer, or 
renewal of a license, the Commission shall make a thorough 
investigation to determine whether the applicant and the premises for 
which a license is sought qualify for a license and whether the 
applicant has complied with the provisions of this act, and shall 
investigate all matters connected therewith which may affect the public 
health, welfare, and morals.
    Sec.  4-112. Procedures for appealing a denial or condition of 
application.
    Any applicant for a license or licensee who believes the denial of 
a license, request for renewal, or condition imposed on their license 
was wrongfully determined may appeal the decision of the Commission in 
accordance with the Commission's rules and regulations. For purposes of 
appeal, an applicant or licensee shall stand in the place of a 
``taxpayer'' as that term is used in the Commission's appeal 
procedures. For purposes of appeal, the action being complained of 
shall stand in the place of the term the ``tax,'' where appropriate, as 
that term is used in the Commission's appeal procedures.
    Sec.  4-113. Revocation of licenses.
    (a) Reasons licenses may be revoked.
    The Commission may initiate an action to revoke a license whenever 
it is brought to the attention of the Commission that a licensee:
    (1) has materially misrepresented facts contained in any license 
application; or
    (2) is no longer qualified to hold such license; or
    (3) is not in compliance with Tribal or federal laws material to 
the issue of licensing or with other provisions of this act; or
    (4) has failed to comply with any terms or conditions of a license, 
including failure to pay taxes on the sale of alcoholic beverage(s) or 
failure to pay a required fee; or
    (5) has had a verdict, or judgment of guilty entered against him or 
her or any of its officers or directors or managers with primary 
responsibility over the sale of alcoholic beverage(s), or has had a 
plea of nolo contendere entered by one of its officers or directors, or 
managers with primary responsibility over the sale of alcoholic 
beverage(s), as to any offense that would otherwise disqualify the 
applicant for a license hereunder; or
    (6) has failed to take reasonable steps to correct objectionable 
conditions constituting a nuisance on the licensed premises or any 
adjacent area within a reasonable time after receipt of a notice to 
make such corrections has been received from the Tax Administrator or 
the Commission; or
    (7) has had a liquor license suspended or revoked by any other 
jurisdiction, including the State of Oklahoma.
    (b) Initiation of revocation proceedings.
    Revocation proceedings may be initiated either (1) by the 
Commission, on its own motion and through the adoption of an 
appropriate resolution meeting the requirements of this section, or (2) 
on the basis of a complaint filed by any person with the Commission. 
The complaint shall be in writing and signed by the complainant. A 
resolution or complaint shall state facts showing that there are 
specific grounds under this act that if proven would authorize the 
Commission to revoke the license(s). The Commission shall cause the 
matter to be set for a hearing before the Commission on a date no later 
than forty-five (45) days from the Commission's receipt of a complaint 
or adoption of the resolution. Notice of the time, date, and place of 
the hearing shall be given to the licensee and the public in the same 
manner as set forth in Section 3-7. The notice shall state that the 
licensee has the right to file a written response to the complaint or 
resolution, verified under oath and signed by the licensee, no later 
than ten (10) days prior to the hearing date.
    (c) Hearing.
    Any hearing held in a proceeding to revoke a license shall be held 
under such rules and regulations as the Commission may prescribe. At 
the hearing, the licensee may present evidence and arguments, as well 
as documentary evidence, and shall have the right to be represented by 
legal counsel and to cross-examine the Commission's witnesses. The 
Commission shall render its decision in writing within sixty (60) days 
after the date of the hearing.
    (d) Appeals.
    The decision of the Commission shall be final, except that any 
person so aggrieved may file an appeal to the Tribal Court clearly 
stating the reason for appeal within thirty (30) days after being 
served with the decision of the Commission. The decision of the 
Commission shall be reversed only for error of law or clear error in 
factual determinations.
    (e) Delivery of license.
    Upon entry of a final, nonappealable decision revoking a license, 
the licensee or the operator shall forthwith deliver the license to the 
Commission.
    Sec.  4-114. Transferability of licenses.
    Alcoholic beverage licenses shall be issued to a specific licensee 
for use at a single business location (or business

[[Page 54373]]

enterprise) and shall not be transferable for use by any business or 
location. Separate licenses shall be issued for each of the premises of 
any business establishment having more than one address.
    Sec.  4-115. Posting of licenses.
    Every licensee shall post and keep posted its license(s) in a 
prominent and conspicuous place(s) on the premises or location 
designated in the license. Any license posted on a premises or location 
not designated in such license shall not be considered valid and shall 
constitute a separate violation of this act.

Subchapter 5--Commission Powers and Duties

    Sec.  5-101. Powers and duties of the commission.
    The Commission shall have authority to administer and implement 
this act, and shall have powers necessary and appropriate in 
furtherance thereof, including the authority to:
    (1) adopt, publish, and enforce rules and regulations consistent 
with this act and other applicable laws governing the sale, 
distribution, and possession of alcoholic beverage(s) within the Tribal 
lands of the Nation;
    (2) employ, commission, and direct such persons as may be 
reasonably necessary to perform all administrative and regulatory 
responsibilities of the Commission hereunder, and to delegate duties to 
such persons in accordance with this act;
    (3) process, issue, and enforce licenses relating to the sale, 
distribution, and possession of alcoholic beverage(s) within Tribal 
lands, as provided hereunder;
    (4) enforce the provisions of this act, including to conduct 
hearings on violations of this act and to impose sanctions and 
penalties as permitted hereunder, and to bring such other actions as 
may be required to enforce the provisions of this act;
    (5) prepare and deliver such reports as may be required by law or 
regulation;
    assess and collect taxes, fees, and penalties as may be required, 
imposed, or allowed by law or regulation, and to keep accurate books, 
records, and accounts of the same; and
    (6) take such other actions as are necessary and appropriate in aid 
of its jurisdiction hereunder.
    Sec.  5-102. Right of inspection.
    Any business premises licensed to distribute, or sell alcohol 
pursuant to this act shall be open for inspection by the Commission for 
the purpose of ensuring the compliance or noncompliance of the licensee 
with all provisions of this act and any applicable Tribal law or 
regulation.
    Sec.  5-103. Suppliers and wholesalers.
    (a) Right of Commission to scrutinize suppliers.
    The operator of any liquor outlet shall maintain for inspection by 
the Commission an accurate record of the identity of the suppliers and/
or wholesalers who supply or are expected to supply liquor and/or beer 
products to such outlet. The Commission may, at its discretion, limit 
or prohibit the purchase of said products from a supplier or wholesaler 
for the following reasons: non-payment of Nation taxes, unsound or 
unlawful business practices, or sale of unhealthy products and 
supplies. A ten (10) day notice to stop purchases (a ``Stop Purchase 
Order'') shall be given by the Commission whenever purchases from a 
supplier or wholesaler are to be discontinued hereunder unless there is 
a health or similar emergency, in which case the Stop Purchase Order 
may take effect immediately.
    (b) Requirement of open information.
    With respect to their purchase of alcoholic beverage inventory and 
their business relations with suppliers and wholesalers, operators 
shall cooperate with and assist in the free flow of information and 
data to the Commission relating to such sales and business 
arrangements. The Commission may, at its discretion, require the 
licensee to produce for inspection by the Commission documentation 
reflecting invoices, bills of lading, billings, and documentary 
receipts relating to purchases of liquor and similar business 
information. All operator business records shall be kept in accordance 
with this act.
    (c) Maintenance of records.
    The originals or accurate electronic copies of all sales slips, 
invoices and other memoranda covering all purchases of liquor, 
including beer and wine, by an operator shall be maintained on file at 
the retail premises of the operator for 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 the records for each month maintained separately so as to 
render the same readily available for inspection and verification. All 
cancelled checks, bank statements and books of accounting, covering and 
involving the purchase of liquor and all memoranda, if any, showing 
payment of money for liquor other than by check shall be likewise 
preserved for inspection and verification by the Commission. The 
Commission may issue regulations providing for acceptable means for the 
storage of records required to be maintained hereunder.
    Sec.  5-104. Prohibition on gifts and gratuities.
    No person, including no alcoholic beverage wholesaler, retailer, or 
distributor, or any applicant or licensee, shall offer to an officer or 
employee of the Nation or the Commission any gratuity, compensation or 
other thing of value. Officers and employees of the Nation and the 
Commission shall not, whether individually or as a whole, accept any 
gratuity, compensation or other thing of value from any alcoholic 
beverage wholesaler, retailer, or distributor, or from any applicant or 
licensee.

Subchapter 6--Rules, Regulations, and Enforcement

    Sec.  6-101. Manufacture, sale, or distribution without license.
    Any person who manufactures, distributes, sells, or offers for sale 
or distribution, any alcoholic beverage in violation of this act, or 
who operates any commercial business on Tribal lands that possesses or 
offers alcoholic beverages for sale without a license duly issued and 
properly posted, as required hereunder, shall be in violation of this 
act.
    Sec.  6-102. Unlawful purchase.
    Any person who purchases any alcoholic beverage on Tribal lands 
from a person or commercial business that does not have a license to 
manufacture, distribute, or sell alcoholic beverages properly posted 
shall be in violation of this act.
    Sec.  6-103. Intent to sell.
    Any person who keeps, or possesses, or causes another to keep or 
possess, upon his person or any premises within his control, any 
alcoholic beverage, with the intent to sell or to distribute the same 
contrary to the provisions of this act, shall be in violation of this 
act.
    Sec.  6-104. Sale to intoxicated person.
    Any person who knowingly sells or serves an alcoholic beverage to a 
person who is visibly intoxicated shall be in violation of this act.
    Sec.  6-105. Age for consumption; violations.
    (1) No person under the legal age shall possess or consume 
alcoholic beverage(s) on Tribal lands, unless otherwise permitted by 
applicable law.
    (2) No licensee shall serve or sell an alcoholic beverage(s) to a 
person under the legal age or permit any such person to consume alcohol 
on the premises or on any premises under the licensee's control. Any 
licensee violating this section shall be guilty of a separate violation 
of this act for each and every

[[Page 54374]]

drink served and/or consumed by such underage person.
    Sec.  6-106. False identification.
    Any person who purchases or who attempts to purchase an alcoholic 
beverage through the use of false, or altered identification that 
falsely purports to show the person to be of the legal age or older 
shall be in violation of this act.
    Sec.  6-107. Documentation of age.
    Upon request by an operator or other seller of alcoholic beverages, 
any person shall be required to present satisfactory documentation of 
the bearer's identity and age. For purposes of this act, satisfactory 
documentation may include one or more of the following:
    (1) a valid motor vehicle operator's license or a personal 
identification card issued by any state department of motor vehicles or 
any Tribal government or federal government agency; or
    (2) United States active duty military credentials; or
    (3) passport or other official governmental document conclusively 
establishing a person's identity.
    Any seller, server, or person attempting to purchase an alcoholic 
beverage, who does not comply with the requirements of this section 
shall be in violation of this act.
    Sec.  6-108. Conduct on licensed premises.
    No person who is a licensee shall be disorderly, boisterous, or 
intoxicated on the licensed premises or any public premises adjacent 
thereto which are under the operator's control, nor shall an operator 
permit disorderly, boisterous or intoxicated persons to remain thereon.

Subchapter 7--Penalties

    Sec.  7-101. In general.
    (1) Any person or licensee determined by the Commission to be in 
violation of this act, including any lawful regulation promulgated 
pursuant thereto, shall be subject to a civil penalty of not more than 
Five Thousand Dollars ($5,000.00) for each such violation, except as 
provided herein. The Commission may adopt by resolution a separate 
written schedule for fines for each type of violation, taking into 
account the seriousness and threat the violation may pose to the 
general public health and welfare, as well as fundamental fairness. 
Such schedule may also provide, in the case of repeated violations, for 
imposition of monetary penalties greater than the Five Thousand Dollar 
($5,000.00) per violation limitation set forth above. The civil 
penalties provided for herein shall be in addition to any criminal 
penalties that may be imposed under any other Tribal, federal, or state 
laws.
    (2) Any person or licensee determined by the Commission to be in 
violation of this act, including any lawful regulation promulgated 
pursuant thereto, may be subject to ejection or exclusion from any 
Tribal facility or other establishment.
    Sec.  7-102. Injunctions to prevent violations.
    Any violation of this act shall constitute a public nuisance. The 
Commission may initiate and maintain an action in Tribal Court or any 
court of competent jurisdiction to abate and permanently enjoin any 
nuisance declared under this act. Any action taken under this section 
shall be in addition to any other civil penalties provided for in this 
act. The Commission shall not be required to post any form of bond in 
such action.
    Sec.  7-103. Contraband; seizure; forfeiture.
    (1) All alcoholic beverages held, owned, or possessed within Tribal 
lands by any person, licensee, or commercial business operating in 
violation of this act are hereby declared to be contraband and subject 
to seizure and forfeiture to the Nation.
    (2) Seizure of contraband as defined in this act shall be carried 
out by the Commission with the assistance of law enforcement, upon 
request, and all such contraband seized shall be inventoried and 
maintained by the Commission pending a final order of the Commission. 
The owner of the contraband seized may alternatively request that the 
contraband seized be sold and the proceeds received therefrom be 
maintained by law enforcement pending a final order of the Commission. 
The proceeds from such a sale are subject to forfeiture in lieu of the 
seized contraband.
    (3) Within ten (10) days following the seizure of such contraband, 
a hearing shall be held by the Commission, at which time the operator 
or owner of the contraband shall be given an opportunity to present 
evidence in defense of his or her or its activities relating to the 
violation of this act alleged by the Commission.
    (4) Notice of the hearing of at least ten (10) days shall be given 
to the person from whom the property was seized and the owner, if 
known. If the owner is unknown, notice of the hearing shall be posted 
at the place where the contraband was seized and at other public places 
on Tribal lands and required by Commission rules. The notice shall 
describe the property seized, and the time, place, and cause of 
seizure, and list the name and place of residence, if known, of the 
person from whom the property was seized. If upon the hearing, the 
evidence warrants, or, if no person appears as a claimant, the 
Commission shall thereupon enter a judgment of forfeiture, and all such 
contraband shall become the property of the Nation. If upon the hearing 
the evidence does not warrant forfeiture, the seized property shall be 
immediately returned to the owner.
    (5) The decision of the Commission shall be final, except that the 
owner of the seized property may file an appeal to the Tribal Court 
clearly stating the reason for appeal within thirty (30) days after 
being served with the decision of the Commission. The decision of the 
Commission shall be reversed only for error of law or clear error in 
factual determinations.

Subchapter 8--Nuisance and Abatement

    Sec.  8-101. Nuisance.
    Any room, house, building, vehicle, structure, premises, or other 
location where alcoholic beverages are sold, manufactured, distributed, 
bartered, exchanged, given away, furnished, or otherwise possessed or 
disposed of in violation of this act, or of any other Tribal, federal, 
or state laws related to the transportation, possession, distribution 
or sale of alcoholic beverages, and including all property kept 
therein, or thereon, and used in, or in connection with such violation 
is hereby declared to be a nuisance upon any second or subsequent 
violation of the same.
    Sec.  8-102. Action to abate nuisance.
    Upon a determination by the Commission that any place or activity 
is a nuisance under any provision of this act, the Nation or the 
Commission may bring a civil action in the Tribal Court or any other 
court with jurisdiction to abate and to perpetually enjoin any such 
activity declared to be a nuisance. Such injunctive relief may include 
a closure of any business or other use of the property for up to one 
(1) year from the date of the such injunctive relief, or until the 
owner, lessee, or tenant shall: (i) give bond of no less than Twenty-
Five Thousand dollars ($25,000) to be held by the Commission subject to 
the condition that any further violation of this act or other Tribal 
laws will result in the forfeiture of such bond; and (ii) payment of 
all fines, costs and assessments against him/her/it. If any condition 
of the bond is violated, the bond shall be forfeited and the proceeds 
recoverable by the Commission through an order of the Tribal Court. Any 
action taken under this section shall be in addition to any other civil 
penalties provided for in this act.

[[Page 54375]]

Subchapter 9. Taxation and Audits

    Sec.  9-101. Taxes imposed on sales and distribution of liquor and 
beer.
    (a) General taxation authority.
    The Commission shall have the authority to assess and collect tax 
on the sale of all liquor and/or beer products to the purchaser or 
consumer within the jurisdiction of the Nation. The Tribal Council 
shall determine the rates of such taxes for any class of products, 
which shall be paid upon or prior to the time of retail sale and 
delivery thereof, as set forth under the Commission's regulations or 
other Tribal law.
    (b) Excise tax added to retail price.
    An excise tax set by the Tribal 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. All taxes 
paid pursuant to this section shall be presumed to be direct taxes on 
the retail consumer pre-collected for the purpose of convenience and 
facility.
    (c) Tax stamps.
    Within the time period established by the Commission after receipt 
of any liquor and/or beer products by any wholesaler or retailer 
subject to this act, a Caddo Nation tax stamp shall be securely affixed 
thereto denoting the Nation's tax thereon. Retailers or sellers of 
liquor and/or beer products within the Nation's jurisdiction may buy 
and sell or have in their possession only liquor and/or beer products 
which have the Nation's tax stamp affixed to each package.
    (d) Use of tax revenue.
    Unless otherwise established by the Nation, all fees, taxes, 
payments, fines, costs, assessments, and any other revenues collected 
by the Commission under this act, from whatever sources, shall be 
expended first for the administrative and regulatory costs incurred in 
the administration and enforcement of the act. Any excess funds shall 
be paid to the general fund of the Nation for appropriation by the 
Tribal Council for governmental and social services.
    (e) Payment of taxes.
    Taxes imposed on liquor and/or beer products, 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 
regulations of the Commission. An operator may be required to furnish a 
satisfactory bond to the Commission in an amount to be specified by the 
Commission guaranteeing his or her or its payment of taxes.
    Sec.  9-102. Required evidence of tax compliance.
    As a condition precedent to the conduct of any operations pursuant 
to a license issued by the Commission, the licensee must obtain from 
the Commission such licenses, permits, tax stamps, tags, receipts or 
other documents or things evidencing receipt of any license or payment 
of any tax or fee administered by the Commission or otherwise showing 
compliance with the tax laws of the Nation.
    Sec.  9-103. Audits and inspections.
    All of the books and other business records of a licensee 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.
    Sec.  9-104. Reports.
    The Commission shall submit to the Tribal Council a quarterly 
report and accounting of all fees, taxes, payments, fines, costs, 
assessments, and all other revenues collected and expended pursuant to 
this act.

Subchapter 10--Sovereignty and Jurisdiction

    Sec.  10-101. Sovereign immunity.
    Nothing in this act shall be construed as a waiver or a limitation 
of the sovereign immunity of the Nation or its agencies, including but 
not limited to the Nation's Tax Commission, nor their officers or 
employees. The Nation expressly retains its sovereign immunity for the 
purposes of this act.
    Sec.  10-102. Jurisdiction.
    Any person who applies for and/or accepts a license hereunder 
shall, by operation of law, consent to the exclusive jurisdiction of 
the Caddo Nation of Oklahoma for all matters arising under this act.
    Sec.  10-103. Dram shop actions.
    The Tribal courts of the Caddo Nation of Oklahoma shall have 
exclusive jurisdiction over any dram shop action against an operator 
hereunder.

Subchapter 11--Miscellaneous

    Sec.  11-101. Liability of operators.
    Operators shall hold the Nation harmless from all claims and 
liability of whatever nature arising from their operations conducted 
pursuant to licenses issued hereunder. The Commission may revoke an 
operator's outlet license(s) if an outlet is not operated in accordance 
with sound business practices or if it does not remain financially 
solvent or does not pay its operating expenses and bills before they 
become delinquent. The Nation and the Commission shall have no legal 
responsibility for any unpaid bills owed by a liquor outlet to a 
wholesaler, supplier or any other person.
    Sec.  11-102. Insurance.
    Each operator shall maintain at his or her or its own expense 
adequate insurance covering liability, fire, theft, vandalism, and 
other insurable risks arising from the licensed business. The 
Commission may establish as a condition of any license, the minimum 
insurance coverage levels and any additional coverage deemed advisable, 
proof of which shall be filed with the Commission.
    Sec.  11-103. Computation of Time.
    Unless otherwise provided herein, in computing any period of time 
prescribed or allowed by this act the day of the action, event, or 
default from which the designated period of time begins to run shall 
not be included. The last day of the period so computed shall be 
included, unless it is a Saturday, a Sunday, or a legal holiday. For 
the purposes of this Ordinance, the term ``legal holiday'' shall mean 
all legal holidays under Tribal or federal law. All documents mailed 
shall be deemed served at the time of mailing.
    Sec.  11-104. Construction of act.
    The provisions of this act shall be liberally construed to achieve 
the purposes set forth, whether clearly stated or apparent from the 
context of the language used herein. Nothing in this act shall be 
construed to diminish or impair in any way the rights or sovereign 
powers of the Caddo Nation of Oklahoma.
    Sec.  11-105. Severability.
    In the event that any provision or provisions of this act are 
determined by the Tribal Courts or any court of competent jurisdiction 
to be invalid for any reason, the remaining provisions of the act shall 
be deemed severable from the provision or provisions determined to be 
invalid and shall remain in full force and effect as though the invalid 
provisions had never been part of the act.
    Sec.  11-106. Effective Date.
    This act shall be effective upon certification by the Secretary of 
the Interior and publication in the Federal Register.
    Sec.  11-107. Prior Law Repealed.
    Any and all prior enactments of the Nation that are inconsistent 
with the provisions of this act, including any prior alcoholic beverage 
control ordinances, are hereby repealed and rescinded.
    Sec.  11-108. Amendment.
    This act may be amended only by written resolution approved by the

[[Page 54376]]

Tribal Council, and further approved as required under law.

William Henry Kirkland III,
Assistant Secretary-Indian Affairs.
[FR Doc. 2026-17057 Filed 8-20-26; 8:45 am]
BILLING CODE 4337-15-P


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