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Pyramid Lake Paiute Tribal Council

Post Office Box 256

Nixon, Nevada 89424

Telephone: (775) 574-1000

Fax (775) 574-1054

RESOLUTION NO.: PL 078-20

RESOLUTION OF THE TRIBAL COUNCIL

OF THE PYRAMID LAKE PAIUTE TRIBE

NIXON, NEVADA

the Pyramid Lake Paiute Tribe is organized pursuant to the provisions of Section

16 of the Indian Reorganization Act (25 U.S.C. § 476) and is federally recognized

by the United States Government through the Secretary of the Interior and the

Bureau of Indian Affairs; and possesses attributes of sovereignty over both the

members and territory.

the Pyramid Lake Paiute Tribe, pursuant to Article VI, Section 1 of the Constitution

and By-laws of the Pyramid Lake Paiute Tribe, authorized the Pyramid Lake Tribal

Council to act on behalf of the Pyramid Lake Tribe, and to promulgate ordinances

to safeguard the peace and safety of residents of the Reservation and to establish

courts for the adjudication of claims and disputes; and

pursuant to these powers, the Tribal Council has created a Law & Order Code and

other laws and ordinances to govern the conduct of people within the Tribe’s

Reservation; and

the Tribal Council has recognized the importance of reviewing and updating the

Law and Order Code to ensure the Code meets the Tribe’s needs and best serves to

protect the interests of the Tribe, its members and persons living and working on

Tribal lands; and

to meet this goal, the Tribe’s Law and Order Committee has recommended that the

Tribal Council add revised Title 3 Chapter 17 — Business License and Permitting

Ordinance of the Law and Order Code 2013 to current code.

the revised Title 3 Chapter 17 — Business License and Permitting Ordinance was

posted for at least thirty days to allow for public comment, 3 comments received

by the Law and Order Committee and the Committee submitted its recommendation

to the Tribal Council;

NOW, THEREFORE BE IT RESOLVED, that the Pyramid Lake Paiute Tribal Council hereby

accepts the recommendation of the Law and Order Committee and hereby adopts

the revised Title 3 Chapter 17 — Business License and Permitting Ordinance of the

Law and Order Code.

Pyramid Lake Paiute Tribal Council RESOLUTION NO.: PL 078-20

Page 2

BE IT FURTHER RESOLVED, the Tribal Chairman or designee is hereby authorized to

effectuate any and all administrative actions necessary for implementation of this

resolution.

BE IT FINALLY RESOLVED, nothing in this resolution shall be construed as a waiver of the

sovereign immunity of the Pyramid Lake Paiute Tribe.

CERTIFICATION

It is hereby certified that the foregoing resolution of the Pyramid Lake Paiute Tribal Council, governing

body of the Pyramid Lake Paiute Tribe, composed of ten members, of whom eight (8) constituting a quorum

were present at a meeting duly held on the 7” day of August 2020 was adopted by the affirmative vote of

seven (7) FOR and zero (0) AGAINST, with zero (0) ABSTENTIONS; pursuant to the apthority contained

in the Constitution and By-laws of the Pyramid Lake Paiute “7nd ()

Brénda A. Henry, Tribal Council Sé¢retary

Pyramid Lake Paiute Tribal Gouncil

spas oF

Title III Chapter 17

Approved August 7, 2020

Resolution No.: PL 078-20

PYRAMID LAKE PAIUTE TRIBE

BUSINESS LICENSE AND

PERMITTING ORDINANCE

TITLE II

CHAPTER 17

Table of Contents

GENERAL PROVISIONS srcsssstsessststiveusisssstistisniesistsviasistssisenstssistssintneintianstsastsniatsnantsaenstisnatuetsquennsieeiees seeseee 1

3.17.01 — AUTHORITY onecccccccsscscssscecsssessssssssessssssssssesssssssssvensssssssssssssssssssssussseesessssssseeeesssusceessssssnseesesseneceesesesees 1

3.17.02 PURPOSE cicccccsssssssssssscsssssessesssssessessssssssssscsssssssuvssseessssssssscsssssssssusssseseessssnsceccassuscsesesssaneseessnssseeeesenees 1

3.17.03 DEKINITIONS.....cccccsssccsssssssscsssssessessssssssssssessssssessessessssssssessesssssssseseessensssssnseecssuansceecssnsnessecsunnseceeeessnees 1

3.17.04 BUSINESS LICENSE REQUIRED ......cccccssssssssessssssssssscessscsssssssesssesessssssececcssssscssesssnanasecsessnieeeeseensnees 2

3.17.05 CONSENT TO TRIBAL JURISDICTION. vv... ccsscssssssssssssssssssssecsesssssssssssescesssssessssssssnsessessnineceeeesnnees 3

3.17.06 EXEMPTIONS ....ccccccsccssssecscscsssssessssssssssssssssssssssuvsesesssssssssessssessssussecsscnssssssscesssunssecessssanessessnsesseesenees 3

ESTABLISHMENT OF BUSINESS LICENSING DEPARTMENT uissstsstsssasussstianissusisetsetineiatietatiennsiestitietneetnee 4

3.17.100 THE OFFICE OF BUSINESS LICENSING AND TAXATION ESTABLISHED ..........0:::000 4

317.101 GENERAL AUTHORITIES .....cccssssssssssessssssssssessssssssssecssscssssssusesesesssssssnscsessssssecessssssnessceesnantsessensnees 4

3.17.102 DEPARTMENT HEAD — POWER AND DUTIES. ...cccccssssssssssssssssssssssseesccssssesesesssssiseseesnieceesesnnnes 4

APPLICATION PROCESS wessssssstsssesstivietistavisiststisnsnisnististinististstisanusnstusisuassinnseusneustisnetieeneseneneneenietieeeen 5

3.17.200 APPLICATION FOR BUSINESS LICENSE .cccccccssssssssssssssssssesssssscssesssssssseseecessnssnnneiseesssnneneteesee 5

3.17.201 NEW LICENSE REQUIRED FOR CHANGE OF LOCATION o.....sscsssssssssssccsssssssssessensseninsee 5

3.17.02 NEW LICENSE REQUIRED FOR A CHANGE OF NAME/OWNER(S) ....:.:ssscsesssessseneeesees 6

3.17.203 RENEWALS Qncccsscscscsssssssssscscsssssecssssesssssssvecssssssasevsssssasssesseseesosssusessesesssssssssceesssseseesssssnuarsceessaneseseseneness 6

3.17.204 NOTIFICATION. .cccscccssssscssssssssecsssssssssssssucsssssssssvsssssssssussesesenssssuseeceeeenssssuseceessiveceesssnsnsnseeessnanesseeessnees 6

3.17.205 DENTAL OF LICENSE OR RENEWAL ...sssssssssssssssssssseessssssssssseeseccccssssssseesssnivecescesssnnseeeesnnnsseeeesenens 7

3.17.06 RIGHT TO RECONSIDERATION AND HEARING.....ccssssssssssssssssssssssessssssssesessssssnnsessessantceessennees 7

TYPES OF LICENSES AND PERMITS wisssssssssssssststinatistisniniststisnsasstutienatattissusisienaseuetssusiatisienenenasteneenenenn 8

3.17.300 LICENSE TERMS AND FEES .Q.....:cssssssssssssssssssessssssssssussecsscsssssvesssssssssssnseccassiseesscssssunseccessuneceeeesssnens 8

3.17.301 PERMITS .occeccccsssscssscssscssssecsssssssscsessessssssssvesssssssnusssssssssavsserssssssesseseseessssnseseesssssceessesssueseceesnuneteceestanes 9

3.17.302 SPECIAL LICENSES .....ccccsesssssssssssssssssssssssssssssussssvesseessssssssssivesesssseceeessesssunseessessssasunmcsesssnnnnsecseeeee 9

3.17.303 TERMS AND CONDITIONS OF BUSINESS LICENSE AND PERMITS. .......::ssccsscsssessseeseeee 9

VIOLATIONS AND ENFORCEMENT wissssssssssssussststissississisnissistisiintstsstisntsnssnnastnsassnssssssasanssnstnsnnseatasetneseetsee 11

3.17.400 FAILURE TO OBTAIN LICENSE OR TO COMPLY WITH TERMS OF LICENSE ........... 14

3.17.401 FAILURE TO COMPLY WITH LICENSE/PERMIT TERMG.........ccssssssssssssssssssssssseseeeessnenes 11

3.17.402 REVOCATION OF BUSINESS LICENSE ooo. ccc cce cee eneeeesnecneessrecnersesersnessseseesiesteetereees 11

APPEALS vcsscsssssssssesssssssssssesssscssseccssseceessnecesssnseavessasesenecssesessnserssiessuuessssnessavesaneseessessonsssenasessussesaversssnseescaneesaneseavecsnassesssasanransassaseetanensavunenasaes 12

3.17.500 DENIAL OF RENEWAL FOR BUSINESS LICENSE .......ccccecteeeeeee cee eneeereeerienevneeenerenienns 12

3.17.501 ADMINISTRATIVE HEARING 00. eens sneer enerierinte riers rit eiceneriniieias 12

3.17.502 APPEALS TO TRIBAL COUNCIL... cence rien rien eecieererieteerienieeniiiiennireen 12

3.17.600 SEVERABILITY ........ ccc cn ee ences cetera cence nee ene ene eee cne ene OnE EE EEE ECE S EESTI D Reena rE EEE EEC re eget 13

3.17.700 EFFECTIVE DATE ....... ccc cece rte renee ners ener rennet ener ce nen rns ca A nee ener nen trent ere 13

Business License and Permitting Ordinance

PYRAMID LAKE PAIUTE TRIBE

BUSINESS LICENSE AND

PERMITTING ORDINANCE

TITLE III

CHAPTER 17

GENERAL PROVISIONS

3.17.01 AUTHORITY

The Pyramid Lake Paiute Tribe is recognized as an “inherent sovereign nation,” and as such the Pyramid

Lake Paiute Tribe has the inherent sovereign authority to regulate the conduct of persons and activities

within the exterior boundaries of the Pyramid Lake Paiute Reservation, including regulating and taxing

economic activity within its boundaries.

3.17.02 PURPOSE

1. This Chapter is adopted by the Pyramid lake Paiute Tribal Council, governing body of the Pyramid

Lake Paiute Tribe, pursuant to the provisions of the Constitution and By-Laws of the Pyramid Lake

Paiute Tribe. The provisions of this Chapter shall be construed in accordance with the fullest

interpretation of the Tribe’s taxing and regulatory authority permitted by applicable laws, including

those provisions within the Tribe’s Constitution and By-Laws.

2. Inthe exercise of its inherent authorities, and pursuant to the Constitution, the Tribal Council finds it

necessary to implement a system of business licensing and permitting for the conduct of business

within the boundaries of the Reservation.

3.17.03 DEFINITIONS

As used in this Ordinance, unless the context requires otherwise, the following definitions shall apply:

“Business” includes a corporation, partnership, sole proprietorship, business association or natural person

who conducts an activity or who performs a service or engages in a trade for the purpose of generating a

profit.

“Charitable organization” means a nonprofit 501(c)(3) corporation, association, or organization, or a

licensed medical facility or facility for the dependent.

“Department” means the Business Licensing Department, established under this Chapter.

“Gross receipts" means the total sum of receipts for all business conducted on the Reservation, without any

Title II] Chapter 17 1

Business License and Permitting Ordinance

deduction therefrom on account of the cost of the property sold, the cost of the materials used, labor or

service costs, place of delivery of the property sold, interest paid or payable, losses or other expenses

whatsoever. "Gross receipts" does not include any sales exempt under the Tribe’s Tax Code.

“License” means a revocable, limited-term grant of permission to operate a business within the Reservation.

“Permit” means a revocable, temporary grant of permission to be on the Reservation for a certain purpose.

“Person” means any natural person, trustee, independent contractor, contractor, court-appointed

representative, syndicate, association, partnership, firm, club, company, corporation, business trust,

institution agency, government corporation, municipal corporation, district or other political subdivision,

supplier, operator, user or owner, or any officers, agents, employees or other representative, acting either

for himself or herself or for any other person in any capacity, or any other entity recognized by law.

“Reservation” means the Pyramid Lake Paiute Reservation.

“Special Event Business” means a business that is operated for a brief period of time in conjunction with a

special event taking place on or near the Pyramid Lake Paiute Reservation.

“Tribal Council” means the Pyramid Lake Paiute Tribal Council.

“Tribal Court” means the Pyramid Lake Tribal Court.

“Tribe” means the Pyramid Lake Paiute Tribe.

3.17.04 BUSINESS LICENSE REQUIRED

1. Any person who engages in a business within the jurisdictional boundaries of the Reservation must

obtain the appropriate business license or permit before operating or conducting business on the

Reservation. A person is subject to this requirement if said person: a) holds themselves forth as

being engaged in a business, trade, calling, industry, occupation or profession; or b) rents, leases, or

subleases any commercial or industrial property, or assignment. (Prior PLPT Tribal Council sublease approval required.)

2. Business licenses are non-transferrable.

3. Every person having a license under the provisions of this Chapter and carrying on a business shall

prominently display this license in the place of business for which it is issued.

3. All business licenses and shall expire on December 31* of each year.

Title II] Chapter 17 2

Business License and Permitting Ordinance

03.17.05 CONSENT TO TRIBAL JURISDICTION

Any person who applies for and receives a business license or permit under this Chapter consents to the

jurisdiction of the Tribe, and consents to all applicable tribal laws. Any violation of tribal law related to the

regulation of any type of Tribal business activity may subject the violator to revocation of his/her license.

3.17.06 EXEMPTIONS

The following shall not be required to obtain a business license under this Chapter:

L.

2.

Federal, state, and local governmental agencies.

Tribal programs and/or departments performing essential governmental functions.

Charitable, religious or non-profit organizations engaged in raising funds for religious or charitable

purposes. (Must provide 501(c)(3) designation.)

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.

Native Americans who are engaged in the creation and/or sale of traditional Native American arts

and crafts in their home or within the jurisdictional boundaries of the Tribe.

Vendors at occasional events on the Reservation, such as pow-wows, community related sales or

other cultural activities.

Title IJ] Chapter 17 3

Business License and Permitting Ordinance

ESTABLISHMENT OF BUSINESS LICENSING DEPARTMENT

3.17.100 THE OFFICE OF BUSINESS LICENSING AND TAXATION ESTABLISHED

There is established a department of Tribal government to be known as The Office of Business Licensing

and Taxation, established under the Pyramid Lake Paiute Tribe Business Office. The Business Officer shall

serve as the department head. In the absence of a department head, the Pyramid Lake Paiute Tribe’s

Executive Officer, or his/her designee, shall assume the powers and duties of the department head.

3.17.101 GENERAL AUTHORITIES

1.

The Business Licensing Department has the authority to grant, deny, or withdraw a business license

or permit, except as limited by applicable law.

The Business Licensing Department has the right to revoke a business license or permit; to modify,

limit, or otherwise alter the extent of the business license or permit; and to establish and enact such

regulations relating to the issuance and enforcement of business licenses and permits within the as it

may deem desirable.

3.17.102 DEPARTMENT HEAD — POWER AND DUTIES.

The Department Head shall oversee:

1.

2.

Collection of all fees and penalties pursuant to this chapter;

Print and make available to the public the following forms:

(a) Application(s) for an initial license or permit;

(b) — Application(s) for renewal licenses.

Process all license and permit applications;

Issue approved licenses and permits;

Determine the amount of license fees in accordance with the rates established in this chapter;

Enter at reasonable times upon any business licensed or permitted under this chapter to determine

compliance with any provision of this chapter;

To cause to have written notice served upon any alleged violator of any provision of this chapter;

To propose any rules necessary for the implementation of this chapter;

Such other duties as may hereafter specify in implementation of the provisions of this chapter.

Title IJ] Chapter 17 4,

Business License and Permitting Ordinance

APPLICATION PROCESS

3.17.200 APPLICATION FOR BUSINESS LICENSE

1.

Applications for all licenses and renewals required by this chapter shall be made in writing to the

department on a form provided by the department.

Each application must be accompanied by an administrative fee of twenty-five dollars ($25.00), the

required administrative fee and application must contain:

(a) Name, address (mailing and physical), telephone number(s), and email addresses of the

owner or owners of the business.

(b) Trade name, if any, to be used by the company.

(c) Type of license applying for.

(d) Location at which the business will be conducted.

(e) A sworn statement that the applicant will comply with all laws applicable to the applicant’s

business.

(f) A statement that the applicant consents to the jurisdiction of the Pyramid Lake Tribal Court

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.

If the applicant is the sole owner, the information shall be required of him. If the applicant is a

partnership, the information shall be required of each general partner. If the applicant is a

corporation, the information shall be required of each officer and director. If the applicant is a

limited liability company, the information shall be required of the manager and each member.

Each applicant and licensee must be at least 18 years of age.

3.17.201 NEW LICENSE REQUIRED FOR CHANGE OF LOCATION

1.

No license issued under this chapter authorizes the conduct of any business at a location other than

the location specified on the license.

A person desiring to change the location of a business must submit an application therefor to the

department together with a non-refundable service fee in the amount of $20.00.

If the department finds that the transfer is not otherwise prohibited under this chapter, the applicant

shall surrender the existing license to the license department and the license department shall issue a

new business license for the changed location.

If the license department denies the application for change of location, it shall provide the reasons

for the denial to the applicant in writing.

Title II] Chapter 17 5

Business License and Permitting Ordinance

3.17.202 NEW LICENSE REQUIRED FOR A CHANGE OF NAME/OWNER(S)

L,

No license issued under this chapter authorizes the conduct of any business with a name or

ownership other than as specified in the application or on the license.

A person desiring to change the name or ownership of a business must submit an application

therefor to the department together with a non-refundable service fee in the amount of $20.00.

If the department finds that the transfer is not otherwise prohibited under this chapter, the

applicant shall surrender the existing license to the department and the department shall issue a

new business license for the changed name and/or ownership.

If the department denies the application for change of name or owner(s), it shall provide the

reasons for the denial to the applicant in writing.

3.17.203 RENEWALS

Business licenses issued pursuant to this Chapter may be renewed, provided the department determines

that the licensee is in compliance with law, in the following manner:

la

A business license may be renewed without penalty if the license department receives a properly

completed application for renewal form and the appropriate license fee from a licensee within 30

days of the expiration date of an existing license.

If the department receives the form or the license fee after the expiration date, but no more than 30

days after the expiration date, a penalty equal to 25 percent of the license fee for the next year shall

be added to the license fee and the total sum shall be paid to the department before the license is

renewed.

If the department receives the form or the fee more than 30 days after the expiration date of the

license, but no more than 90 days after the expiration date, a penalty equal to 50 percent of the

license fee for the next year shall be added to the license fee and the total sum shall be paid to the

department before the license is renewed.

3.17.204 NOTIFICATION

The department shall notify the applicant by regular mail within fourteen (14) days after receipt of the

application whether a license shall be issued or renewed. The license shall include a Tribal Identification

Number.

Title II] Chapter 17 6

Business License and Permitting Ordinance

3.17.205 DENIAL OF LICENSE OR RENEWAL

The award of a business license is a privilege and not a right. The Tribe reserves the right to refuse to issue

a business license to any business if it is determined that:

Ls

2.

3.

4,

5.

the application is incomplete or the appropriate fee has not been paid;

the applicant has materially misrepresented facts contained in the application;

the applicant is presently in non-compliance with Tribal law or has engaged in a fraudulent,

deceptive, or dishonest practice;

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;

the business will threaten the peace, safety, morals or general welfare of the Tribe.

3.17.206 RIGHT TO RECONSIDERATION AND HEARING.

Any applicant whose renewal application is denied may appeal that decision. The applicant will have seven

(7) days from receipt of notice of denial to request a reconsideration with the department. The applicant

may then appeal any denial of a renewal application under Section 3.17.500 of this Ordinance.

Title IJ] Chapter 17 7

Business License and Permitting Ordinance

TYPES OF LICENSES AND PERMITS

3.17.300 LICENSE TERMS AND FEES

1. Seasonal Business License. All persons and/or businesses engaged in business on Tribal land for

any period of more than five (5) consecutive days but less than three (3) consecutive months shall

have a seasonal business license. The fee for a seasonal business license is fifty dollars ($50.00).

os Contracting Business License. All persons and/or businesses engaged in construction or

contracting who do not have or maintain a permanent place of business within the Reservation

shall be issued a Contracting Business License for a period no longer than the duration of the contract

or job in which they are engaged within the Reservation. The initial fee for a Contracting Business

License is one hundred and twenty-five dollars ($125.00). Ifa Contractor will be bidding on multiple

contracts or jobs; Contractor should apply for a Permanent Business License.

3. Permanent Business License. All persons and/or businesses engaged in business on Tribal land for

any period of more three (3) consecutive months shall obtain a permanent business license. The

initial fee for a permanent business license is one hundred and fifty dollars ($150.00). Licenses

issued under this paragraph 3 shall be issued for a continuous period, and shall be payable each 12

months, for 12 months in advance, beginning January 1 to December 31.

4, After the first full year, the business license renewal fees are based on reported annual gross receipts

according to the following fee schedule:

Annual Gross Receipts | Renewal Fee Amount Annual Gross Receipts Renewal Fee Amount

$ 25,000 and under $ 125.00 $ 500,001 to $1,000,000 $ 350.00

$ 25,001 to $ 50,000 $ 150.00 $ 1,000,001 to $2,500,000 $ 600.00

$ 50,001 to $ 100,000 $ 175.00 $ 2,500,001 to $ 5,000,000 $ 650.00

$ 100,001 to $ 300,000 $ 200.00 $ 5,000,001 or more $ 700.00

$ 300,001 to $ 500,000 $ 250.00

3. Consolidated License. For businesses with multiple branches or locations, a consolidated license

may be issued covering all of the person’s businesses, provided that the same type of business is

conducted at each location. An application must be completed for each location. The fee for a

consolidated license shall be determined based on the total annual gross receipts for the business

locations on the Reservation.

4. All license fees are non-refundable and non-transferable.

Title II] Chapter 17 8

Business License and Permitting Ordinance

3.17.301 PERMITS

A person, business, charitable organization, or Native American vendor who are engaged in business on

temporary basis, sporadically, or periodically must obtain a business permit from the department, as

follows:

1. Temporary Business Permit. All persons engaged in business on the Reservation for a period of not

more than five (5) consecutive days. The fee for a temporary business permit is ten dollars ($10.00).

Z. Special Event Permit. All persons engaged in business as part of a special event. The fee for a

special event permit is fifty dollars ($50.00) per event.

Dy Native American Vendor Permit. Any Native American who is engaged in the sale of traditional

Native American arts and crafts in their home or within the jurisdictional boundaries of the Tribe.

The annual fee for a Native American Vendor Permit is ten dollars ($10.00).

4. Charitable Fundraising Permit. (Must provide 501(c)(3) designation.) Charitable

organizations engaged in raising funds for religious or charitable purposes. The annual fee for

a Charitable Fundraising Permit is ten dollars ($10.00).

B. Vendor Permit. Temporary vendors or peddlers selling goods at occasional events on the

Reservation, such as pow-wows, community related sales or other cultural activities. The fee

for a Vendor Permit is fifty dollars ($50.00) per event.

3.17.302 SPECIAL LICENSES

In addition to a general business license, the following businesses must also obtain a specific license,

pursuant to the applicable tribal law:

Gaming Operations

Medical Marijuana Establishment and Recreational Marijuana Business

Liquor Business

Mining Operations

Energy Generation Operations

Food Service Business

Ot fA eS

3.17.303 TERMS AND CONDITIONS OF BUSINESS LICENSE AND PERMITS

As acondition for receiving a license or permit, a person must agree to comply with the following:

1. Each licensee or permittee shall comply with all Tribal laws, including health and safety laws, employment

preference agreements, building codes, land and zoning codes, and applicable federal law. The licensee or

permittee is also required to comply with any additional Tribal laws enacted after issuance date of license.

Title II] Chapter 17 9

Business License and Permitting Ordinance

2. The Tribe may require that a license applicant have and maintain in force, liability insurance naming

the applicant as an insured and providing for coverages, terms and conditions as the Tribe may deem

necessary.

Dt Each licensee or permittee consents to the jurisdiction of the Tribal Court as to any cause of action,

including tortious acts, arising in connection with the transaction of any business within the

boundaries of the Pyramid Lake Reservation.

4, Each licensee or permittee consents to the service of process of the Tribal Court with respect to all

actions over which the Tribal Court has subject matter jurisdiction, in accordance with the Rules of

Procedures of the Court.

Title II] Chapter 17 10

Business License and Permitting Ordinance

VIOLATIONS AND ENFORCEMENT

3.17.400 FAILURE TO OBTAIN LICENSE OR TO COMPLY WITH TERMS OF LICENSE

Any person who fails to obtain a license or permit required under this Chapter shall be issued a Notice of

Violation, and may be prohibited from transacting business on the Reservation for up to one year and/or

assessed a fine of up to $5,000 per occurrence.

3.17.401 FAILURE TO COMPLY WITH LICENSE/PERMIT TERMS.

Any person who fails to comply with the terms of a license or permit under this Chapter shall be issued a

Notice of Violation, which may include an order to show cause why that person’s license should not be

revoked.

3.17.402 REVOCATION OF BUSINESS LICENSE

1. A person’s business license may be revoked or suspended for any of the following reasons:

(a) The Licensee made a material misrepresentation, false, or misleading statement in the

application for license.

(b) If, or should an operation of a business constitute an immediate, clear and present danger or

threat to the health, peace, safety or welfare of the Pyramid Lake Paiute Tribe.

(c) The licensee is in violation of any or all Tribal laws, codes, ordinances, compacts or

agreements of any kind as determined by the department.

(d) Failure to maintain any insurance that may be required by Section 3.17.303.02.

(ec) The Tribe may suspend a license, rather than revoking a license, in order to afford the

Business Licensee a reasonable opportunity to cure the circumstances that gave rise to the

suspension. Any suspension of a license shall be for the period of time specified in the notice

of suspension. If the Licensee has not cured, to the satisfaction of the Tribe, the

circumstances for the suspension by the end of the period of suspension, the Tribe shall

revoke the license.

2. The Notice of Revocation or Suspension shall be given in writing, setting forth the specific grounds

for revocation or suspension. The licensee shall be ordered to cease and desist business immediately.

Notice shall be given to the person directly or sent by certified mail with return receipt requested.

Dy A licensee whose license is revoked may file a written appeal to the Tribal Council in accordance

with the procedure outlined in Chapter 3.17.502. The decision of the Tribal Council shall be

considered final.

Title IJ] Chapter 17 11

Business License and Permitting Ordinance

APPEALS

3.17.500 DENIAL OF RENEWAL FOR BUSINESS LICENSE

Any person who is denied the renewal of a business license may file a request for reconsideration with the

department.

1. The request for reconsideration shall be in writing, dated and signed by the aggrieved party.

2. The request for reconsideration shall include a concise statement of relief and any new or

previously unconsidered information that supports the relief.

3.17.501 ADMINISTRATIVE HEARING

Within seven (7) business days of receipt of the request for reconsideration, the department will set a date

for the hearing and notify the applicant.

1. A hearing shall be held within 30 calendar days of receipt of the appeal request.

2. Atthe hearing, the applicant shall be provided the opportunity to present any testimony, documents,

or other evidence to support the request.

3. The applicant will be notified of the final determination in writing, by certified mail, within seven (7)

business days of the hearing.

3.17.502 APPEALS TO TRIBAL COUNCIL

1. After receiving a notice of revocation or suspension, and after a final determination upon

Reconsideration (Chapter 3.17.500), a licensee may appeal to the Tribal Council.

2. A written notice of appeal shall be filed with the Tribal Secretary. The notice of appeal must be

filed within five (5) business days of the Notice of Reconsideration decision. Failure to file a notice

of appeal within five business days will waive the applicant’s/licensee’s right to bring a claim in any

forum.

3. The Tribal Secretary shall notify the licensee in person, by U.S. mail, by telephone, or by other

electronic means, of the time set for the hearing. The hearing will be scheduled for the next Tribal

Council meeting, following receipt of appeal by the Tribal Secretary.

4. All parties to the appeal shall attend the Tribal Council meeting at which the appeal is to be

heard.

5. The Tribal Council shall decide whether the appeal should be reversed if it finds the original decision

was arbitrary, capricious, or an abuse of discretion. The decision of the Tribal Council will be final.

Title II] Chapter 17 12

Business License and Permitting Ordinance

3.17.600 SEVERABILITY

If any section, subsection, paragraph, sentence, clause or word contained in the Chapter is declared invalid

by a court of competent jurisdiction, such decision shall not affect the remaining portions of this Chapter,

which shall remain in full force and effect.

3.17.700 EFFECTIVE DATE

This Chapter shall take effect immediately upon approval of the Pyramid Lake Tribal Council.

Title IJ] Chapter 17 13