A. In any proceeding under this ordinance, conviction of one unlawful sale or distribution of liquor shall establish prima facie intent of unlawfully keeping liquor for sale, selling liquor or distributing liquor in violation of this ordinance.

B. Any person who buys liquor within the boundaries of the Osage Reservation and Osage Indian country contrary to this ordinance shall be guilty of a violation of this ordinance.

C. Any person who sells or offers for sale any liquor within the boundaries of the Osage Reservation and Osage Indian country contrary to this ordinance shall be guilty of a violation of this ordinance.

D. Any person who shall operate a liquor product outlet or tavern within the boundaries of the Osage Reservation and Osage Indian country without first obtaining a current and valid Osage Nation license under this ordinance shall be considered to be in violation of all federal Indian liquor laws and regulations as well as in violation of this ordinance.

E. Any person who keeps or possesses liquor upon his person or in any place or on premises conducted or maintained by his principal or agent with the intent to sell or distribute it contrary to the provisions of this ordinance, shall be guilty of a violation of this ordinance.

F. Any person who knowingly sells liquor to a person under the influence of liquor shall be guilty of a violation of this ordinance. No person shall sell liquor to any buyer when, from the physical appearance of the buyer at the time of the sale, it could be reasonably believed or understood that the buyer was intoxicated.

G. Any person engaged wholly or in part in the business of carrying passengers for hire, and every agent, servant, or employee of such person, who shall knowingly permit any person to drink liquor in any public conveyance, shall be guilty of an offense. Any person who shall drink liquor in a public conveyance shall be guilty of a violation of this ordinance.

H. No person under the age of twenty-one (21) years shall consume, acquire or have in his possession any liquor or alcoholic beverage. No person shall permit any other person under the age of twenty-one (21) to consume liquor on his premises or any premises under his control except in those situations set out in this section. Any person who shall sell or provide any liquor to any person under the age of twenty-one (21) years shall be guilty of a violation of this ordinance for each sale or drink provided. Any person violating this section shall be guilty of a separate violation of this ordinance for each and every drink so consumed.

I. Any person who transfers in any manner an identification of age to a person under the age of twenty-one (21) years for the purpose of permitting such person to obtain liquor shall be guilty of an offense; provided, that corroborative testimony of a witness other than the underage person shall be a requirement of finding a violation of this ordinance.

J. Any person who attempts to purchase an alcoholic beverage through the use of false or altered identification which falsely supports to show the individual to be over the age of twenty-one (21) years shall be guilty of violating this ordinance.

K. When requested by the provider of liquor, any person shall be required to present official documentation of the bearer’s age, signature and photograph. Official documentation includes any one or more of the following:

L. Liquor which is possessed, including for sale, contrary to the terms of this ordinance is declared to be contraband. Any Osage Nation agent, employee or officer who is authorized by the Osage Nation or Osage Nation Tax Commission, including law enforcement officers under a cross-deputization agreement, to enforce this section shall seize all contraband and preserve it in accordance with the provisions established for the reservation of impounded property. Upon being found in violation of this ordinance, the party shall forfeit all right, title and interest in the items seized which shall become the property of the Osage Nation.

M. Alcoholic liquor shall not be given as a prize, premium or consideration for a lottery, contest, game of chance or skill, or competition of any kind.

N. For the purpose of obtaining information concerning any matter related to the administration or enforcement of this ordinance, the Osage Nation or any person appointed by it in writing for that purpose, may inspect the books and records of any licensee doing business on the Osage Reservation and Osage Indian country. Every person who neglects or refuses to produce or submit to inspection any records referred to in this section when requested to do so shall be guilty of a violation of this ordinance.

O. Any person guilty of a violation of this ordinance, except nonpayment of liquor taxes due, shall be liable to pay to the Osage Nation the amount of up to Five Thousand Dollars ($5,000.00) per violation as civil damages to defray the Osage Nation’s cost of enforcement of this ordinance, and may be subject to criminal prosecution under Osage Nation law, or under state law if non-Indian. The Osage Nation Trial Court shall not issue any order or injunction closing any business for a violation of this ordinance without granting to the defendant the opportunity to have a full evidentiary and adversary hearing before the Osage Nation Trial Court.

P. All persons found to have violated this ordinance, except for nonpayment of liquor taxes, shall be reported to the Federal Bureau of Investigation and the United States Attorney for the purpose of requesting a federal criminal prosecution of such persons or entities for violation of federal Indian liquor laws. ONCA 11-41, eff. Apr. 12, 2011.