Chapter 10.10
BUSINESS LICENSES
Sections:
10.10.030 Review by the Secretary of the Interior.
10.10.070 Peddler’s license requirements.
10.10.080 Conditions of license.
10.10.090 Enforcement – Sanctions.
10.10.100 Prior ordinance repeal.
10.10.110 Review and savings clause.
Prior legislation: Ord. 99 (adopted 12-5-1998); Res. 98-333.
10.10.010 Title.
This chapter shall be known as the Tulalip Business License Ordinance. [Ord. 99 § 1, 7-8-2005 (Res. 2005-266)].
10.10.020 Purpose.
This chapter is enacted to provide for the general security and welfare of the Tulalip Reservation and to monitor the conduct of businesses within the boundaries of the Reservation and to generate Tribal revenue for administration of licenses. [Ord. 99 § 2, 7-8-2005 (Res. 2005-266)].
10.10.030 Review by the Secretary of the Interior.
This chapter shall be effective upon approval by the Superintendent and/or the Secretary of the Interior in accordance with the Constitution and Bylaws for the Tulalip Tribes, Article VI, Section 2. [Ord. 99 § 3, 7-8-2005 (Res. 2005-266)].
10.10.040 Administration.
(1) Administration. The provisions of this chapter shall be administered and enforced by the Tax and Licensing Division of the Tulalip Tribes, or by such other persons designated by the Tulalip Tribes Board of Directors. The Tax and Licensing Division shall be hereinafter referred to as the TLD.
(2) Regulations Authorized. To the extent consistent with its authority hereunder, the TLD may promulgate regulations necessary or appropriate for the efficient administration and enforcement of this chapter, subject to the approval of the Board of Directors.
(3) Processing of a business license application may take up to 15 days. [Ord. 99 § 4, 7-8-2005 (Res. 2005-266)].
10.10.050 Business licenses.
(1) License – Required – Fee. It shall be unlawful for any person to conduct or operate any business for profit or to conduct any other revenue-generating activity or activities, including but not limited to cooperative ventures, which generates return with economic value, within the boundaries of the Reservation of said Tribes, without first applying for and procuring, annually, a business license from the TLD, in such form as is approved by said TLD. All licensing fees are nonrefundable and are subject to change without notice. The fees for such licenses shall be as follows:
(a) Home Business License. Home businesses including arts and crafts businesses as well as artists with two or less employees, shall pay a $25.00 license fee, with a $15.00 annual renewal fee per business. The use of the dwelling unit for a home occupation shall be clearly incidental and subordinate to its use for residential purposes.
(b) Special Event License. A $10.00 business license fee will be charged for setting up a booth or stand at powwows or other special events. The license shall be required in addition to other business licenses required under this chapter. The license shall be valid for the calendar year in which it was issued, unless otherwise specified.
(c) Peddler’s License. At the time of filing the peddler application, each applicant shall pay a fee in the amount of $90.00 to cover the TLD’s cost of a background investigation and the issuance of a license and badge. Additional peddlers from the same firm will be charged a $40.00 fee per person(s) to cover the background investigation and issuance of a badge. Renewals shall be $75.00 for the business license and first person listed, and $40.00 additional fee for all other persons, which includes the background investigation cost.
(d) Business License. For all other businesses, there shall be imposed a $50.00 license fee, with a $15.00 annual renewal fee per business or other revenue-generating activity.
(e) Late Penalty. There shall be assessed a late payment penalty of $20.00 for each 10 days of delinquency after a license fee or renewal fee is due. This penalty shall be collected with the license fee.
(f) Other Fees. An administrative fee of $5.00 shall apply to any business license having to be reissued to reflect a new address or name change.
(g) Licensees with the Gaming Commission. Any vendor or business who is licensed with the Tulalip Casino shall provide a copy of their current Tulalip Casino gaming license to the Tulalip Tribes TLD. The Casino gaming license shall be substituted for the Tulalip Tribes Business License required under this chapter, unless otherwise specified or required.
(2) License – Application. Every applicant for a business license shall file with the TLD an application for such license, in the form established by said TLD. Upon filing such application and payment of the license fee required herein, the TLD shall issue a business license, effective for the calendar year in which it was issued, in conformity with the provisions of this chapter. The license shall be renewed every calendar year in conformity with the provisions of this chapter, and the licensing fees shall not be prorated for any portion of the year.
(3) Licenses – Not Transferable. No license issued under the provisions of this chapter shall be transferable or assignable.
(4) Licenses – To Be Posted – Exception. All business licenses issued pursuant to this chapter authorizing the conduct or operation of any business or other activity at a specified location shall be posted in a conspicuous place at such location; provided, however, that when the licensee has no established place of business and goes from place to place or from house to house, then such license must be carried on the person of such licensee while actually engaged in the licensed business or other activity.
(5) Activity to Be Conducted at Location Prescribed in License. Unless otherwise specifically provided, no business license issued under the authority of this chapter shall entitle the holder thereof to conduct or operate the business or other activity for which he has secured such license at any other place or location but that location stated in such license.
(6) Applications – Form – To Be Signed. All applications for a business license required by this chapter shall be made upon forms to be furnished by the TLD, signed by the applicant. If the applicant is a partnership, one of the partners must sign the application; if the applicant is a corporation, the application must be signed by an officer of the corporation; or if the applicant is a foreign corporation authorized to do business in the State of Washington, the application must be signed by the resident agent or local manager of said foreign corporation.
(7) Nonexemption. No member shall be exempt from the requirements of this chapter to secure a business license and pay any required fees. [Ord. 99 § 5, 7-8-2005 (Res. 2005-266)].
10.10.060 Definitions.
(1) “Home business” means any business carried on/within a dwelling or building accessory to a residence by members of the family dwelling therein and no more than one nonresident employee.
(2) “Business” means any regular or temporary business activity engaged in by any person for the purpose of conducting a trade, profession or commercial activity involving the sale of any property or services; provided, however, that an isolated sale of property or services shall not be considered to be business under this chapter.
(3) “Peddler” means any person who shall sell, offer for or expose for sale, or who shall trade, deal or traffic in any personal property or services on the Tulalip Reservation by going from house to house or who solicits and conducts business in residential areas by going from place to place or by indiscriminately approaching individuals. The term “peddler” includes mobile businesses operating from vehicles traveling from place to place in residential areas, such as ice cream vendors.
(4) “Person” as used herein shall be deemed to be and include any individual, agent, principal, partnership, private or municipal corporation, or other entity of any kind whatsoever.
(5) “Member” as used herein shall be deemed any duly enrolled member of the Tulalip Tribes, or enrolled member of any other Federally recognized Indian tribe.
(6) “Business license” means a license issued by the TLD upon payment of a fee therefor and issued in compliance with this chapter. [Ord. 99 § 6, 7-8-2005 (Res. 2005-266)].
10.10.070 Peddler’s license requirements.
(1) License Required – Exemptions. No person or other organization shall engage in the business of a peddler within the boundaries of the Tulalip Reservation without first obtaining a license therefor as provided in this chapter. If any individual is acting as an agent for or employed by an individual, corporation, partnership or other organization, both the individual and the employer or principal for whom the individual is peddling must obtain a peddler’s license and pay said fees thereof, as provided in TTC 10.10.050(1)(c).
(a) The following persons, entities or businesses are exempt from the peddler’s license requirements and fee provisions of this chapter:
(i) Charitable, religious or nonprofit organizations or corporations which have received tax exempt status under 26 U.S.C. 501(c)(3) or other similar civic, charitable or nonprofit organizations.
(ii) Newspaper carriers.
(iii) Common carriers, parcel delivery.
(iv) Sales of Native American-produced arts, crafts or goods.
(v) Services or goods ordered by mail, phone or Internet.
Persons exempt from the peddler’s license requirements shall not be exempt from other business license requirements, if applicable.
(2) Peddler’s License – Application. Applicants for a peddler’s license under this chapter must file with the TLD a sworn application in writing on a form to be furnished by the TLD.
(a) All applications shall provide the following information on the application, with sufficient proof of identification:
(i) Name, date of birth and description of the applicant;
(ii) Address and telephone number;
(iii) A brief description of the nature of the business and the goods or services to be sold;
(iv) If employed or acting as an agent, the name and address of the employer or principal, together with the description of the exact relationship with the principal or employer;
(v) If a vehicle is to be used, a description of the same, including the license number;
(vi) A photograph of the applicant, taken within 60 days immediately prior to the date of filing the application, which picture shall be two inches by two inches showing the head and shoulders of the applicant in a clear and distinguishing manner;
(vii) A statement as to whether or not the applicant has been convicted of any crime within the last 10 years, including misdemeanors, gross misdemeanors, or violations of any municipal ordinance, the nature of the offense, and the punishment or penalty assessed therefor; and
(viii) Such other information as may be required by the TLD.
(b) Any person which acts as the principal employer for individual peddlers shall obtain a license as provided herein and shall provide the following information on the application in addition to any information required as set forth above;
(i) The applicant’s name, address and telephone number and the names and addresses of all individuals who are employed by or acting as an agent for the applicant;
(ii) If a corporation, the names, addresses and telephone numbers of the corporation’s Board of Directors, principal officers and registered agent; provided, however, that the TLD may waive any portion of this requirement when disclosure would be unduly burdensome;
(iii) If a partnership, the names, addresses and telephone numbers of the partners;
(iv) A list of any criminal convictions during the past 10 years for the applicant, any owners of the business, and if a corporation, the Board of Directors and officers;
(v) Name, address and telephone number (business and home) of the individual, if applicable, acting as the manager for the applicants;
(vi) A list of all other cities, towns and counties where the applicant has obtained a peddler’s license or similar license within the past five years; and
(vii) Such other information as may be required by the TLD.
(3) Investigation of Applicant – Issuance and Denial of Peddler’s License. The TLD shall determine the accuracy of the information contained in the application and conduct a criminal history background investigation of the applicant.
(a) If, as a result of the investigation, the character and business responsibility of the applicant are found to be satisfactory, the TLD shall issue the license to the applicant, along with a badge.
(b) The TLD shall deny the applicant the license if the applicant has:
(i) Ever been convicted of child molestation and/or rape;
(ii) Within the previous 10 years, been convicted of a misdemeanor or felony directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation;
(iii) Made any false or misleading statement in the application;
(iv) Committed any act consisting of fraud or misrepresentations;
(v) Been refused a license under the provisions of this chapter; providing, however, that any applicant denied a license under the provisions of this chapter may reapply if and when the reasons for denial no longer exist; or
(vi) Committed any act, which, if committed by a license holder, would be grounds for suspension or revocation of a license.
(c) The denial of a license to an individual, corporation, partnership or other organization, which serves as the employer or principal for individual peddlers, shall be a sufficient basis to deny a license to the individual applicants who are employed by or acting as agents for the applicant.
(4) License – Exhibit. Peddlers are required to exhibit their license displayed on their person and fully visible while conducting any peddling activities, along with wearing their badge issued by the TLD.
(5) License – Expiration. All licenses issued pursuant to this chapter are nontransferable and are only valid for the calendar year in which issued. License fees shall not be prorated for any portion of the year.
(6) License – Revocation. The peddler’s license issued pursuant to this chapter may be revoked by the TLD after notice and hearing for any of the following causes:
(a) Fraud, misrepresentation or false statement contained in the application for license(s);
(b) Fraud, misrepresentation or false statements made in the course of carrying on the business as a peddler;
(c) Any other violation of this chapter or other Tulalip Tribal ordinances or codes;
(d) Conviction after submission of the application for a peddler’s license of a felony or misdemeanor directly relating to the occupation of peddler, including, but not limited to, those misdemeanors and felonies involving moral turpitude, fraud or misrepresentation; or
(e) Conducting the business of peddling in any unlawful manner or such manner as to constitute a breach of the peace or to constitute a menace to the health, safety and general welfare of the public.
(f) The revocation of any license held by such persons which serve as the employer or principal for individual peddlers shall constitute a basis for revoking the license issued to individual applicants who are employed by or acting as agents for such individual, corporation, partnership or organization.
(g) The revocation of a license for three or more persons who are employees or agents of an individual, corporation, partnership or organization shall constitute a basis for revoking the license issued to the employer or principal, as well as the licenses issued to all other employees or agents of that employer or principal.
(7) Right of Appeal. Any person aggrieved by the action of the TLD in the denial of an application for a peddler’s license or in the decision to revoke a license as provided in this chapter shall have the right to appeal to Tribal Court. Such appeal shall be commenced by filing with the Tribal Court and serving on the TLD, within 10 days after receipt of the notice of the action taken, a written statement setting forth fully the grounds for the appeal. If no appeal is filed within the mandatory time frame, the action of the TLD shall be final. Where an appeal is timely filed, the Tribal Court shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for in civil infraction hearings. The decision and order of the Tribal Court on such appeal shall be final and conclusive. Hearings shall be held within 21 days of the day the request is received by the Tribal Court.
(8) Use of Streets. No peddler shall have any exclusive right to any location in the public streets, nor be licensed a stationary location, nor be licensed to operate in any congested area where operations might impede or inconvenience the public. For the purpose of this section, the judgment of a Police Officer, exercised in good faith, shall be conclusive as to whether the area is congested or the public impeded or inconvenienced.
(9) Hours and Notice. No person shall engage in the business of peddling between the hours of 10:00 p.m. and 8:00 a.m.
(10) Records. The TLD shall maintain a record for each license issued and record the reports of violation therein. [Ord. 99 § 7, 7-8-2005 (Res. 2005-266)].
10.10.080 Conditions of license.
(1) Each licensee shall comply with all applicable Tribal laws, including but not limited to: Indian employment and contracting preference laws, health and sanitation laws and zoning.
(2) Each licensee shall respond within 15 days to requests made by the TLD for information about the licensee’s business for the purpose of determining whether the licensee is in compliance with the terms of the license and this chapter. [Ord. 99 § 8, 7-8-2005 (Res. 2005-266)].
10.10.090 Enforcement – Sanctions.
(1) Violations. The following shall constitute violations of this chapter subjecting the violator to fines and sanctions:
(a) Operating a business or engaging in peddling within the jurisdiction of the Tulalip Tribes without first obtaining or possessing a valid license required under this chapter, or failing to renew a license as required under this chapter.
(b) Failing to abide by the terms or conditions of any license required under this chapter.
(c) Any acts of peddlers which constitute cause for revocation of a peddler’s license under TTC 10.10.070(6).
(2) Enforcement.
(a) Civil Infraction. Violation of this chapter shall be considered a civil infraction. The TLD, or any Tulalip Tribal employee authorized to enforce this chapter, may issue any business or person found to be in violation of this chapter a Notice of Infraction in accordance with the civil infraction procedures contained in Chapter 3.70 TTC. The procedures for notice and appeal contained in Chapter 3.70 TTC shall apply to civil infraction enforcement under this chapter.
(b) Fines.
(i) The fine for violating subsection (1)(a) of this section shall be triple the amount of the license required.
(ii) The fine for violating subsections (1)(b) and (c) of this section shall be $125.00 for the first violation and $250.00 for each subsequent violation. Violators may also be subject to license revocation.
(c) Failure to Obtain a License – Contracts Void. All contracts between persons or businesses and the Tulalip Tribes shall be void, illegal and unenforceable when at the time of making the contracts, or at any time subsequent to the making of the contracts, the person or business shall be required by this chapter or regulations hereunder to obtain or possess a current business license as provided in this chapter.
(d) Peddlers – Enforcement. In addition to the above penalties, any peddler who continues to engage in peddling on the Tulalip Reservation after he has (i) been previously cited for peddling without a license, or (ii) previously had his peddler’s license denied or revoked, shall, in addition to the above enforcement measures, be subject to having all goods in the peddler’s possession subject to immediate seizure by Tribal law enforcement. Any person having goods seized under this section has a right to a hearing challenging such seizure. Such hearing shall be held in accordance with the appeal procedures for civil infractions. [Ord. 99 § 9, 7-8-2005 (Res. 2005-266)].
10.10.100 Prior ordinance repeal.
Ordinance No. 99 heretofore adopted by the Tulalip Tribes is replaced in its entirety and is superseded by this newly revised ordinance. [Ord. 99 § 10, 7-8-2005 (Res. 2005-266)].
10.10.110 Review and savings clause.
(1) Effective Date. This chapter shall become effective forthwith subject to review by the Secretary of the Interior as provided by Article VI, Section 2 of the Constitution and Bylaws of the Tulalip Tribes.
(2) Savings Clause. If any section, paragraph, clause or word of this chapter shall not be approved by the Secretary of the Interior or for any reason be adjudged invalid, such shall not invalidate the remainder thereof but shall be confined in its operation to said section, paragraph, clause or word. [Ord. 99 § 11, 7-8-2005 (Res. 2005-266)].