SKOKOMISH
BUSINESS LICENSING ORDINANCE
Adopted by Resolution No. 06-114
(October 4, 2006)
TABLE
OF CONTENTS
GENERAL PROVISIONS
4.08.001 Title
4.08.002 Authority
4.08.003 Scope
4.08.004 Findings
and Purpose
4.08.005 Definitions
4.08.006 Administration
of Title
4.08.007 Business
Licensing Hearings Board
BUSINESS LICENSES
4.08.010 Business License Required
4.08.011 Application and Issuance
4.08.012 Classes of Licenses
4.08.013 Denial of License and Appeal
4.08.014 Exemptions
4.08.015 Conditions of License
BUSINESS LICENSING FEE
4.08.020 License
Fee Imposed
ENFORCEMENT AND PENALTIES
4.08.030 Failure to Obtain License or to
Comply with Terms of License
4.08.031 Notice of Violation
4.08.032 Revocation of License
4.08.033 Notice of Revocation
4.08.034 Civil Penalties and Restitution
4.08.035 Appeals
4.08.036 Severability
General
Provisions
4.08.001 Title
This
Ordinance shall be known as the Skokomish Business Licensing Ordinance.
4.08.002 Authority
This Ordinance is enacted
pursuant to the inherent sovereign authority of the Skokomish Indian Tribe in
accordance with the Treaty of Point No Point, the Constitution of the Skokomish
Indian Tribe, and applicable federal law.
Pursuant to Article V of the Constitution, the Skokomish Tribal Council
has the authority to enact laws and ordinances, to license and regulate the
conduct of business activities, and to impose taxes on all persons and property
within the Tribe’s jurisdiction.
4.08.003 Scope
(a) Application. This Ordinance shall apply to the full
extent of the sovereign jurisdiction of the Skokomish Tribe in Indian Country.
(b) Compliance. Compliance with this Ordinance is hereby
made a condition of the use of any land or premises in Indian Country.
(c) Deemed
to Consent. Any person who resides
within the jurisdiction of the Skokomish Tribe; conducts business or engages in
a business transaction with the Skokomish Tribe or in Indian Country; acts
under Skokomish Tribal authority; or enters Indian Country shall be deemed
thereby to have consented to the following:
(1)
To be bound by
the terms of this Ordinance;
(2)
To the exercise
of civil jurisdiction by the Skokomish Tribal Court over said person in legal
actions arising pursuant to this Ordinance; and
(3)
To detainment,
service of summons and process, and search and seizure, in conjunction with
legal actions arising pursuant to this Ordinance.
4.08.004 Findings
and Purpose
The Tribal Council finds that
the regulation of persons engaged in trade and business on the Reservation is
necessary to safeguard and promote the political integrity, economic security,
and health and welfare of the Tribe.
Accordingly, the Council declares that the Tribe has the sole and
exclusive authority to grant, deny, or withdraw the privilege of doing business
within the Reservation, except where such authority is limited or withdrawn
from the Tribe by the applicable laws of the
4.08.005 Definitions
The words below shall have
the meaning set forth in this section when they appear in this Ordinance,
unless a different meaning is clearly intended. If a term is not defined herein,
it has its ordinary dictionary meaning.
(a)
Abuse of
Discretion means
a gross failure to exercise sound, reasonable, and legal decision-making.
(b)
Aggrieved
Party means a party who has been
denied a business license at any stage, including the Final Determination.
(c)
Business,
Trade, or Commercial Activity means
any activity engaged in by any person for the purposes of realizing a gain,
benefit, or advantage, either direct or indirect, such as conducting a trade,
profession, or commercial activity involving the sale of any property or
services; provided however, that an isolated sale of property or an isolated
service shall not be considered to be a business under this Title.
(d)
Board means the Business Licensing Hearings Board
appointed by the Tribal Council for the purpose of hearing administrative
appeals from licensing violations or revocations, as provided under Section
4.08.035 of this Title.
(e)
Certified
Mail means any method of delivery in
which the sending party receives confirmation of receipt.
(f)
Closed
Hearing or Closed Session means a
hearing or meeting of the Tribal Council that is not open to the public.
(g)
Conflict
of Interest means
an action taken by an official or employee of the Tribe which is in conflict
with his or her obligation to take actions in the best interest of the
Skokomish Indian Tribe. In most cases, a
conflict of interest arises because an individual has taken an action in his or
her own personal interest rather than in the interest of the Tribe or tribal
membership as a whole. A conflict of
interest does not necessarily arise when the individual takes an action or
position believing it to be in the best interest of the Tribe even though
others may disagree.
(h)
Council or
Tribal Council means the governing
body of the Skokomish Indian Tribe as constituted and empowered under the
Constitution of the Skokomish Indian Tribe, as amended.
(i)
Days are calculated as calendar days.
(j)
Governmental
Entity means the
(k)
Immediate
Family includes, mother, father, sisters, brothers, sons,
daughters, stepchildren, spouses, and significant others.
(l)
Indian
Country includes, consistent with the
meaning given in 18 United States Code (U.S.C.) section 1151, the following
lands:
(1)
All land within
the limits of the Skokomish Reservation under the jurisdiction of the
(2)
All lands placed
in trust or restricted status for individual member Indians or for the Tribe,
and such other lands as may hereafter be added thereto under any law of the
(3)
All Indian
allotments or other lands held in trust for a tribal member or the Tribe,
the Indian titles to which have not been extinguished, including rights of way
running through the same.
(m) License means any official, legal, and revocable permission granted by the
Tribe, pursuant to this Ordinance,
to conduct any business activity on Indian lands.
(n)
Licensee means any person issued a business license by the
Tribe.
(o)
Person means any individual, association, partnership,
corporation, trust, or any other form of business organization.
(p)
Reservation
means all lands lying within the
external boundaries of the Skokomish Indian Nation's Reservation.
(q)
Tribal Manager means
the executive officer hired by the Tribal Council to be responsible for the
execution of tribal laws and policies and the management of tribal business, or
their designee.
(r)
Tribe means the Skokomish Indian Tribe.
(s)
Tribal
Court means the
4.08.006 Administration
of Title
Responsibility for
administration of this Title shall be assumed by the Tribal Manager of the
Skokomish Tribe or their designee.
4.08.007 Business
Licensing Hearings Board
The Skokomish Tribal Council
shall appoint a Business Licensing Hearings Board for the purpose of hearing
administrative appeals from licensing violations or revocations, as provided
under Section 4.08.035 of this Title.
The Board shall be made up of three (3) members. Two (2) alternates shall also be appointed
and shall serve in the event of unavailability or conflict of interest. No Board member shall hear an appeal
involving an immediate family member.
Board members shall serve indefinite terms until resignation or removal
for cause by the Tribal Council.
Business
Licenses
4.08.010 License
Required
This Title shall be
applicable to all persons 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
Tribe, except as provided in Section 4.08.015 of this Title. Any business regulated by the Skokomish
Fireworks, Fishing, or Gaming Ordinances must be licensed in accordance with
the provisions found in those Titles and are not subject to this
Ordinance.
4.08.011 Application
and Issuance
(a) An application for a business license
shall be submitted in writing to the Tribal
Manager through a form approved by the Tribal Council or other individual
authorized by the Tribal Council. All
applications shall include:
(1) A description of the business or trade;
(2) The name and address of the owner or owners of the
business or trade, including proof of identification;
(3) The trade name, if any, to be used by the business or
trade;
(4) The location(s) at which the business will be
conducted;
(5) A sworn statement that the applicant will comply with
all tribal law applicable to the business;
(6) A statement that the applicant consents to
(7) The name, address, and signature of the agent who will
accept service of process on behalf of the company; and
(8) The appropriate fee.
(b) If the
application is approved, the Tribal Manager or their designee shall issue the
license within fourteen (14) calendar days.
4.08.012 Classes
of Licenses
(a) Temporary
Business License: All persons engaged in
business on the Reservation for a period of seven (7) calendar days or less
shall have a temporary business license.
(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.
(c) Permanent Business License: All persons engaged in business for a period
exceeding three (3) months shall have a permanent business license. A licensee holding a permanent business
license must apply for renewal each year.
Applications for renewal of a permanent business license must be
submitted at least thirty (30) calendar days prior to the expiration of the
existing license.
4.08.013 Denial
of License and Appeal
If it is determined that:
(a) the
application is incomplete or the appropriate fee has not been paid; or
(b) the
applicant has materially misrepresented facts contained in the application or
has filed an application which is incomplete in any way; or
(c) the
applicant is presently in non-compliance with tribal law or has engaged in a
fraudulent, deceptive, or dishonest practice; or
(d) the
applicant is permanently or temporarily enjoined by any court of competent
jurisdiction from engaging in commercial activity or any particular practice
related to such activity; or
(e) the
business will threaten the political integrity, economic security, or health
and welfare of the Tribe,
the
Tribal Manager shall issue an order of denial to the applicant by certified
mail, return receipt requested, within fourteen (14) calendar 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 seven (7) calendar days from receipt of the order of denial to file a
notice of appeal with the Tribal Manager under Section 4.08.14 of this Title.
4.08.014 Process
for Reconsideration and Appeal
(a) Written
Notice of Request for Reconsideration.
Any person who is denied a business license, pursuant to Section
4.08.013 of this Title, may file a notice for reconsideration as follows:
(1) The
Notice of Request for Reconsideration shall be in writing, dated and signed by
the aggrieved party;
(2) The
Notice of Request for Reconsideration shall include a concise statement of
relief requested and any new or previously unconsidered information that
supports the relief; and
(3) A copy
of the Notice of Request for Reconsideration shall be given to the Tribal
Manager.
(b) Expedited
Administrative Hearing. Within seven (7)
calendar days of receipt of the Notice of Request for Reconsideration, the
Tribal Manager shall set a date for hearing and shall notify the applicant.
(1) A
closed hearing shall be held within thirty (30) calendar days of receipt of the
Notice of Request for Reconsideration;
(2) At the
closed hearing, the aggrieved party shall be given the opportunity to present
any testimony, documents, or other evidence to support the request; and
(3) The
Tribal Manager shall inform the aggrieved party of the final determination in
writing within seven (7) calendar days of the hearing.
(c) Appeal
from Final Determination. Any person who
is aggrieved by a final determination of the Tribal Manager, pursuant to
sub-section (b) above, may appeal the decision to the Tribal Council.
(1) The
aggrieved party shall file a written Notice of Appeal with the Tribal Council
and shall be added to the agenda of the next regular Tribal Council meeting;
(2) The
aggrieved party shall attach to the written Notice of Appeal, copies of the
original Notice of Request for Reconsideration and supporting documentation
presented at the hearing;
(3) Upon
the filing of the Notice of Appeal, the Tribal Manager shall provide any record
of the expedited administrative hearing to the Tribal Council;
(4) The
Tribal Manager shall attend the Tribal Council meeting at which the appeal is
to be heard;
(5) The
appeal shall be heard in a closed session of the Tribal Council meeting;
(6) The
Tribal Council shall reverse a final determination of the Tribal Manager only
upon a finding that it was arbitrary, capricious, or an abuse of discretion.
4.08.015 Exemptions
Governmental
entities shall not be required to obtain a license under this Title.
4.08.016 Conditions
of License
(a)
Each licensee
shall comply with all applicable tribal laws.
(b)
Each licensee
consents to the jurisdiction of the
Business
Licensing Fee
4.08.020 License
Fee Imposed
Any person required to obtain
a business license in accordance with this Title shall pay a license fee. License fees shall be set by the Tribal
Council in a fee schedule. The fee
schedule shall set forth the applicable rates for designated classes of
licenses and may be periodically amended at the discretion of the Tribal
Council. The Tribal Manager may review
license fees annually and make recommendations to the Tribal Council regarding
such amendments.
Enforcement
and Penalties
4.08.030 Failure
to Obtain License or to Comply with Terms of License
(a) Failure to Obtain a License
Any
person who fails to obtain a license required under this Ordinance shall be
issued a Notice of Violation, which may include an order to show cause why that
person should not be enjoined from doing business on the reservation without a
license.
(b) Failure to Comply with License
Any
person who fails to comply with the terms of a license under this Ordinance
shall be issued a Notice of Violation, which may include an order to show cause
why that person’s license should not be revoked.
4.08.031 Notice
of Violation
The Notice of Violation shall
describe the specific violation, the amount of any monetary penalty, and if
applicable, shall order the violation to cease and desist. The notice shall be given to the person
directly or sent by certified mail with return receipt requested.
4.08.032 Revocation
of License
(a) Licenses issued under the provisions of
this Ordinance may be revoked for any of the following causes:
(1) Fraud,
misrepresentation, or incorrect statement contained in the application for
license; or
(2) Fraud
or misrepresentation made in the course of carrying on the business; or
(3) Conducting
business in an unlawful manner or in such a manner as to constitute a danger to
the health, safety, or general welfare of the public; or
(4) Failure
to comply with any other applicable licensing, certification, or bonding
requirements specific to the business licensed.
(b) When it
is brought to the attention of the Tribe that grounds for revocation exist,
the Tribal Manager shall issue a written Notice of Revocation to the licensee.
4.08.033 Notice
of Revocation
The Notice of Revocation shall
describe the specific grounds for the revocation and order the licensee to
cease and desist business immediately.
The notice shall be given to the person directly or sent by certified
mail with return receipt requested.
4.08.034 Civil
Penalties and Restitution
The civil penalty for failure
to obtain a license or failure to conform to the terms of a license, as
required by this Ordinance, is a fine not to exceed five thousand dollars for
each violation. Penalties shall be set
by the Tribal Council in a penalty schedule.
The penalty schedule shall set forth minimum penalties for violations of
this Ordinance. The Tribal Manager may
make recommendations to the Tribal Council regarding amendments to the penalty
schedule. Restitution may also be ordered.
4.08.035 Appeals
(a) Administrative
Appeal
(1) After receiving a Notice of Violation or Notice of Revocation, a licensee may make an administrative appeal to the Business Licensing Hearings Board. A Notice of Appeal must be filed with the Tribal Manager within five (5) days of the notice of violation or notice of revocation, unless additional time has been granted after written request by the licensee. Upon receipt of the notice of appeal, the Tribal Manager shall notify the appellant in person, by telephone, or by other electronic means, of the time set for the hearing. The hearing shall take place within ten (10) calendar days after filing of the notice of appeal.
(2)
At the hearing,
the appellant shall be entitled to present testimony, to cross-examine opposing
witnesses, and to present other evidence in accordance with the Skokomish Rules
of Court. All oral testimony shall be
recorded and retained until expiration of the time within which the appellant
could appeal to
(3)
The Business
Licensing Hearings Board shall rule upon the appeal within five (5) days after
the hearing, and shall set forth in writing the factual findings and reasons
for its decision. If the appeal is
denied, the ruling shall state that the applicant has five (5) days from
receipt thereof to file a notice of appeal with the
(b) Tribal
Court Appeal
(1)
If the Business
Licensing Hearings Board denies the administrative appeal, the licensee may
appeal to
(2)
Upon receipt of a
Notice of Appeal from an administrative hearing, the
4.08.36
Severability
If any provision of this
Title or its application to any person, entity, or circumstance is held to be
invalid, the remainder of the Title shall not be affected.