Chapter 13-2 BUSINESS LICENSES

CHAPTER 13-2
BUSINESS LICENSES

13-2-1 Applicability.

This Title shall be applicable to all person engaged in business within the exterior boundaries of the Reservation. No person shall engage in business upon the Reservation without a valid business license issued by the Tax Commission, except as provided in Section 13-2-5(A).

13-2-2 Application and Issuance.

An application for a business license shall be submitted in writing to the Tax Commission on forms which it shall provide. Any person engaged in business at the time this Title is enacted shall have 30 days in which to obtain and submit to the Tax Commission an application for a license; provided, that a renewal application for an annual business license shall be made 30 days prior to expiration of such license. Each application shall include:

(A) A description of the type of business;

(B) The name and address of the owner or owners of the business;

(D) The locations of the Reservation at which the business will be conducted;

(E) A sworn statement that the applicant will comply with all tribal law applicable to the applicant’s business;

(F) A statement that the applicant consents to District Court jurisdiction and service of process in matters arising from the conduct of business;

(G) The name, address and signature of the agent who will accept service of process on behalf of the company.

The Tax Commission shall notify the applicant by regular mail within 14 days after receipt of the application whether a license shall be issued. If a license is issued, the licensee shall post the license in a conspicuous manner at its primary business location.

13-2-3 Term of License.

The term of each tribal business license shall be as follows:

(A) Temporary Business License. The term of a temporary tribal business license shall be four days.

(B) Seasonal Business License. The term of a seasonal tribal business license shall be three months.

13-2-4 Denial of License and Appeal.

If it is determined that:

(A) the applicant has materially misrepresented facts contained in the application,

(B) the applicant presently is in non-compliance with tribal law, or

The Tax Commission shall issue an order of denial to the applicant by certified mail, return receipt requested, within 14 days after receipt of the application. The order of denial shall set forth the reasons for such denial and shall state that the applicant has 30 days from receipt of the order of denial to file a notice of appeal with the District Court.

13-2-5 Exemptions.

(A) The following shall not be required to obtain a license under this title:

(1) Governmental entities;

(2) Tribal members engaged in the creation or sale of traditional Indian art or handicrafts;

(3) Tribal members engaged in the traditional practice of medicine; and

(4) Employees of any person.

(B) Nothing with respect to these exemptions shall diminish the Nation’s ability to promote law and order by regulating or prohibiting harmful conduct by any person.

(1) Any church engaged in raising funds for religious or charitable purposes;

(2) Any school, club or athletic organization engaged in staging athletic events for which an admission fee is charged, provided such admission fees do not accrue to the personal benefit of any individual;

(3) Any accredited school, no part of the income of which accrues to the personal benefit of any individual;

(4) Pow Wow vendors; and

(5) Individual tribal members, who are not a corporation, partnership, or other entity.

(Amended by PBP TC No. 2017-071, February 8, 2017; amended by PBP TC No. 2018-027, February 8, 2018)

13-2-6 Classes of Licenses.

(A) Temporary Business License. All persons engaged in business on the Reservation for a period of four (4) days or less shall have a temporary business license. The fee for a temporary business license is ten dollars ($10.00).

(B) Seasonal Business License. All persons engaged in business on the Reservation for a period of three (3) months or less shall have a seasonal business license. The fee for a seasonal business license is twenty-five dollars ($25.00).

(C) Annual Business License. All persons engaged in business for a period exceeding three (3) months shall have an annual business license. The fee for an annual business license is fifty dollars ($50.00). A licensee holding an annual business license shall apply for renewal each year on a renewal application form provided by the Tax Commission, but the licensee shall notify the Tax Commission of any change in the licensee’s business activities. Renewal of an annual business license shall be made pursuant to the provisions in Section 13-2-2.

(D) Food Vendors. No person may produce or sell food (1) that is sold directly to the end consumer and (2) that requires time and temperature control for safety or specialized processing, as determined by the Tax Commission, unless such person has training in basic food handling principles. This training must be received at least every two (2) years and must be accredited and certified by the American National Standards Institute (ANSI). Proof that a person has received such training shall be provided with each license application and renewal and upon the request of the Nation. Training as a food protection manager may also satisfy the food handling training requirement.

(Amended by PBP TC No. 2012-034, February 13, 2012; amended by PBP TC No. 2017-071, February 8, 2017)

13-2-7 Conditions of License.

(A) Each licensee shall comply with all applicable tribal laws. The Tribe may, but need not, notify each licensee by regular mail of any additional tribal laws with which the licensee must comply as such laws are enacted by the Council.

(B) Each licensee consents to the jurisdiction of the District Court as to any cause of action arising in connection with the transaction of any business within the Reservation, or any tortuous acts committed in connection with the transaction of any business within the Reservation. Each licensee consents to the service of process of the District Court with respect to all actions over which the District Court has subject matter jurisdiction, in accordance with this Code.

(C) Each licensee shall respond in a timely manner to requests by the Tax Commission for information about the licensee’s business for the purpose of establishing whether the licensee is in compliance with the terms of this Title.