SENECA NATION OF INDIANS

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BUSINESS CODE

September 26, 1988

Seneca Nation of Indians licensing procedure under the Business Code of 1988 as it pertains to businesses

other than those under the Business Ordinance of 2003

Seneca Nation Business Code

Contents

CONTENMS..........ccscccccsssscecscseecensssccnsneccnceeeesseeseseseenesneceeensseuaceseseeesnenenseesenseesenaeeestonseenaaeeneeens 1

PLEAIMDLE............ccucccsceceeessccecessecccscsscceuenceseensceseeescesensussecueesuseceecoenecsssenenseseneeeeseeesesseneresenses 3

SECTION 1- PRIVILEGE OF DOING BUSINESS-AUTHORITY TO REGULATE ..........s:sssssssereseee 3

(@) AUThOFity........ esc cceceesceneneneasvensesssaussensusscseasuseseuaceesseresenenenaeeeeseessesseensseessenssaaeeseesesensees 3

(C) NGGC....ccceeceeeeseeecencaeceeseeseannecnenseessesnneessssseesnaeanenseeeeeceesesseneeaeeseeseeeessssaaeeesennansaeeesaaseene 3

(d) Declaration Of AUTHOFity...............esecesenesecseesssseceensenssecsesenaeesnssuecuscesssneeseseesscsenrneeeonesenss 3

(e) Extending Privilege to Existing Businesses, Condition for Constitution............csecccereees 3

(f) Administration- EnforceMent ABENCIES............ccccecsseensnsenseseeeseeesssenseeeseenssesssneeseesesseaeees 4

(g) Authority of AdVISOrY COMMITTEES. ........ i cesesscessesenecrevevenserreneseceeseeeenseaeeeseeetteneaseesenees 4

ARTICLE 1- GENERAL PROVISIONG............cccccssssecessssssceevsccusecsseeecsseeacecescesscesereseseeenseuseosestes 4

PART 1- SHORT TITLE, INTERPRETATION, APPLICATION AND SUBJECT MATTER..............04 4

1-101 SHOrt Title...........ccccceccecsecccessessscceceseeoeeseeensseseceeseenaesseusseeseesccuauscessesseeeseceeeoesssessesneeneets 4

1-102 SCOPGC............ccesseseessseesssnenstseseenensesssecaasunsssauceasaensasanenesanenssaaenecaeesnsseeeeeennaseneeteeneceretees 4

1-103 Purposes: Rules of Construction: Variation by AZreEGMENL...........scsssersstsscenteesseesseetens 5

1-104 Amendment, Recession or Adoption of RUleS............... ce eeseceeeeeceseseeeeerseeecerenenerereenes 5

1-105 Applicable LaW............-::cccccscssssssssnssnsncscanesesseneussuasersearenesegenaneensaanenssseseseseneeseeneeee ces ens ts)

1-106 JUrISCICTION- POLICY..............ccccceeeecceneaeasaessceseeeeeoseecoseeeceneeeessesecessessuscseeeessesteseeeneseseeeaees 5

1-107 JuriSdiction- FOrUMS; OF igimals...........cceecseseesesseecoeeecorecsecesceesesccenseseccsrsseeenasenseeeenaaee res 5

1-108 Territorial JUTISCICTION............:::sssseceeeseecenseensercossusessseeeeescersssceranaeeesessceceesesaenensesecensaees 6

1-109 Personal- JUTISCICTION.....0....:cc:0ssecceercneeossneesevonsceconnsnssceserscecessecesseenssseaaensssstnesnseaee tenes 6

1-110 General Subject Matter Jurisdiction and Limitation. ............ccscceccesseseessceenesesseeeesensenees 7

1-111 JUTISGICTION OVEr PrOPErty...........cscccecceecsssetcrseeesoscesseeaeanereesseeusenanssecnnenneeeeneaesoesseeseenanes 7

1-112 Remedies Liberal ACMINIStEred............. ee csccsesescnscceneeaeassnaeassenneeneoeasessensecresesnscnasenenee 7

1-113 Self Help Remedies Eliminated... cceesceseeeneeseeneeseenescerassesspesesseeeseeseessentees 7

1-114 One Action to Foreclose Security INtereSt...........csecsssesseescereeeoecescesvesceressceceeneoseeeenens 7

1-115 Action to Foreclose Interest on Personal Prope rty.................seseceeeeeessereevescsseeussceeeneees 8

1-116 Great Seal of the Seneca Nation ............cccceseeececeeeessececceneessseseenccesssceeeeseescesseeesseeerersaas 8

4-117 SIGMAtTOLIES...... ee cesseteecceenessncssneesauncessnaceeoneceseeserecesseseeeneeseeseesenensaeeceeeseeessseeseeneees 8

1-118 Burden of Establishing Signatures, Defense and DUC COUTSE.........:.cccccccccceesteeeseeee eens 9

1-119 Appendix of Official FOrMS................:ecceccecsseserencreseneensseeeeseneeseenesenenasaeenessseaeessneeaena nee 9

1-120 Adoption and AMendMent, PrOCECUIES..............cccccecssseresscesessnessesaeecaeeneneneenenseeseesennans 9

1-121 PAYIMENIS .......ccccccctcccccceeseceserersreessecesessssnseseseseeeenaeannanseaeaceneceeesaneaneeeecuceseseeseneatnoseeneeees 9

1-122 Computation Of THMG...........-:.ccesesssnecceessenssnnarecauseesusenvscssaseerenecerssessesenseeseeestenesenaeeeaes 9

1-123 SOVELADILITY.........cecceeceecneeeeeeseestsenssesscssccesssesscessceeseseraeeeeeceeeeeesceeeeeseeseeeeeeasscnsseseneress 10

1-124 Effective Date... cccccsesseeesececeeesecenessenteceeeeneeneeesoeeeeeeeeeseeeeeeeneneneeeseeneeseeneeaennen nes tes 10

Seneca Nation Business Code

ARTICLE 2- BUSINESS LICENSE SYSTEM

2-101 Short Title........... cece esseceteeeeceeescesensesseccssscssneuseessscaseceueesesesseeneeseseeeenenesseees 10

2-102 PULPOSG..........ccccccsssesccessscceceeeeceae cesses eeeseeececeessssseuseseeaueceucceetsseeceusssaesseueeneeeens 10

2-103 AUthOFity ............ccccccccecssssseesceesaceescosseseeeeseaeecceceesaeesecescecucecseseeseeusacessaeensceseee™ 10

2-104 General DefiNitionS............ ce eeecensseceeeesceneeceneeseceensesseceeecesseeessesensseseeseesueees 10

2-105 Business LICENSE; REQUIFEC.............. ee eeceeeeseeessereceeeesceenesceseneecsconeesenenesseeee ees 11

2-106 Business License ElgiDILity.............. ecceeccsseeesesceeseccenescceceeseccerseseascessesaeeseeenss 12

2-207 Business License Exe Mptions.............cccssscecscsssccsssscsesensesccesusscecscscacsceoeseecseecsseeeeseee 12

2-108 ProCe@dUures GeNePallly............cccsesccccssecnecesveceusescneceseceeasseccusaesssceeeestseseeessseeenseeseeeeees 12

2-209 Failure to Apply for LIC@NSEC......... ot eee ceeeeesesseeceeeessesevececeeseueeseseeesecereusavscesereenassseess 13

2-110 Penalty for Fraudulent Application...............cccesesccscsssccseesscescenessecscscseceenesseeasnsosseeens 13

2-111 INformation REQUIFEC..........:ccesesesceceecneesseeeceeneneeeceeceesneecrceecensescasenessssessesuessesceeueeensens 14

2-112 Formal DiSCUSSION...........cccccecsessesteeceeenneeeesceeeeeeceseeeeueenssencsscceeusucessscoeceeeaeaeecnssseaueens 14

2-113 Reinstatement Of LICENSE.............. csesceceesesceeceeceseeseusseuceseeuccesssseeceuceeastesseeceuseneteesees 15

2-114 Period of Determination ISSUANCE.............::ccccssscececceessnsessesceceenseencsseeecesenenescesenecenenes 15

2-115 License Form; Distribution of Copies; Fe@e@............ ces ccessscceeessseneeceeseeseeeesenseeeeunees 16

2-116 POSTING.............sssesesssersetceersesesesseescoeseecencceceecenacssessceserersteseescorsustersescsscesseeasaneeaoeseeens 16

2-117 DUFatiONn..........cscccccecccssssescesceeeeesceeecsesceteesessseeeesceesceceeeesssscssescesseeaatessesssenaueensseneeeees 16

2-118 TErMSs ANd CONAITIONS.............ccccceeeecrccesesceenesceeeeecssnanesceeeceeeesseeseneesseeaceesscentesecesesees 16

2-119 General RECOrd K@e@ping............ cee ceseeecccsssceeeenseneecececeeecsseeeeeseesseceeerecenoeserenseceseoussssees 17

2-120 Applications and Returns Confidential.............. cc cecccecsesesseecesceeceeeeeseveseseeassoessonseeees 17

2-121 Indian Traders LICENSE............ccccccceessssenssssesscecercesseccssecaseceescececssecesssscessuneneseesereeeseses 18

2-122 CONSENE tO JUTISCICTION.............cccceceneeecceceeeneeeeeeenseesevecseeseceaeessesceeceeseeeeessesesessensesecs 18

2-123 Indian Labor, Deviation, Denial... ccc setcseseeceeseneeeseneeeseneseserseeseesenseeseeeeeeeeees 18

2-124 REMECIES..........cccseseseeeceeceeseecneueeeeeceenceessssseseeenesscssseeeescesscecseeeenseeessenenssneeaeeseeeseaeenses 18

2-125 REGEMPTION..............ccccscccsscceersecescectenceeeccenseecescesnsessssceacasecesseenessaenevansseeseceeessenansones 19

2-126 SOVELADILITY.........ccccceeeessseecescceceenenseeseeecesecetereeatersenececanseseresenseenseesseceseecesesesssesserees 19

Seneca Nation Business Code

PREAMBLE

The Seneca Nation of Indians, in order to promote the economic development of the

Seneca Reservations for the benefit of Seneca people and in order to clearly establish and

exercise the Tribe’s authority to regulate the conduct and operations of business(es) within

the Seneca Reservations, hereby declares that the Seneca Nation of Indians (hereinafter

“Nation” by virtue of its inherent sovereignty, its treaties, and the Seneca Nation

Constitution of 1848, as amended 1966 and 1978, and acting through the Tribal Council,

hereby declares its authority to, regulate the privilege of non-Senecas doing business

within the Nation.

SECTION 1- PRIVILEGE OF DOING BUSINESS- ATUHORITY TO REGULATE

(a) Authority

The Seneca Nation has inherent sovereign authority to protect the lands, waters, and

natural resources of the Allegany, Cattaraugus, and Oil Spring Reservations, which are

secured to the Nation by the Treaty 1794, 7 Stat. 44 which declares the lands within these

Reservations “to be the property of the Seneca Nation” and further provides that “...the

United States will never claim the same nor disturb the Seneca Nation, nor any of the Six

Nations, or of their Indian friends residing thereon and united with them, in the free use and

enjoyment thereof...” 7 Stat. 44, 45.

(b) The Nation has inherent sovereign authority to protect the health, welfare, safety,

environment, political integrity, and economic security of the Nation; its members and

persons subject to the jurisdiction of the Nation; and the Nation must exercise this

authority in order to provide for present and future generations by maintaining an

environment which will protect and enhance the Nation’s natural resources including but

not limited to ground water resources and by protecting the Nation lands from

development in a manner which is inconsistent with sound business practices and harmful

to the Seneca people.

The Nation has in the past granted permission to non-Seneca’s to enter upon and use

Nation lands through permits and leases. The Nation’s economic self-determination policy

to encourage larger businesses and industries to locate within the Nation boundaries as

well as individual businesses creates a need for laws to regulate business conduct.

(d) Declaration of Authority

The Seneca Nation through Tribal Council hereby declares its inherent sovereign authority

to grant, deny, modify, suspend or revoke the privilege of doing business within the Nation

as it deems reasonable.

The privilege of doing business is hereby granted to those businesses presently operating

within the Nation pursuant to leases or permits for land use or contractual agreements

with the Nation, its enterprises and agencies subject to the control and/or supervision of

the Tribal Council; provided that said business shall within 30 days submit an application

for a Nation Business License in accordance with the provisions contained herein.

Seneca Nation Business Code

Continuation of said privilege is conditioned upon the business’ compliance with the

applicable laws of the Nation and the effect or validity of prior leases, permits or contracts

authorizing entry onto lands subject to Nation jurisdiction.

(f) Administration-Enforcement Agencies

Enforcement agencies as established by the Nation Tribal Council shall share the

responsibility for administering these rules, subject to Tribal Council approval.

(g) Authority of Advisory Committees

(1) The Seneca Nation Business Commission is authorized to negotiate and

recommend to Tribal Council the grant of leases and permits and

licenses for the use of Nation lands for all existing Nation businesses for

all business purposes now or hereafter authorized by Seneca law upon

such terms and conditions as in the discretion of the Business

Commission are deemed in the best interests of the Seneca Nation of

Indians, subject to Tribal Council approval.

(2) The Seneca Nation Planning commission is authorized to negotiate and

recommend to Tribal Council the grant of leases and permits and

licenses for the use of Nation lands for all future Nation businesses for all

business purposes now or hereafter authorized by Seneca law upon such

terms and conditions as in the discretion of the Planning Commission are

deemed in the best interests if the Seneca Nation of Indians, subject to

Tribal Council approval.

(3) The above designated agencies are further authorized to adopt such rules

and regulations as it deems necessary to govern the leasing of, and

permits and licenses for the use of Nation lands, subject to approval by

Tribal Council.

ARTICLE 1- GENERAL PROVISIONS

PART 1-SHORT TITLE, INTERPRETATION, APPLICATION AND SUBJECT MATTER

1-101 Short Line

This Chapter shall be Known and may be cited as Seneca Nation Business Code- General

Provisions. Each article of this code may be cited by its own short title.

1-102 Scope

These rules being adopted this 26" day of September 1988, shall govern the conduct of

business operations within the exterior boundaries of the Seneca Nation Reservations.

These rules are promulgated pursuant to authority granted by its treaties the Seneca Nation

Constitution of 1848, as amended 1966, 1978, and 2024 and shall include traditional,

custom and practice. Where doubt exist as to such custom, the advice of tribal elders

familiar with tribal custom will be requested. Proof of the existence of tribal law or custom

shall be by presentation of evidence showing the custom to exist by a preponderance of the

evidence.

Seneca Nation Business Code

1-103 Purposes: Rules of Construction: Variation by Agreement

(a) This chapter shall be liberally interpreted and applied to promote the following

purposes and policies:

(1) To simplify, clarify, and to make uniform the law governing Seneca Nation

Business conduct on the Seneca Nation Reservations.

(2) To permit the orderly initiation of new businesses and the control of business

practices between Nation members and between Seneca and non-Seneca persons,

through custom, usage and agreement.

(b) The effect of the provisions of this chapter may be varied by written agreement; but the

obligations of good faith, diligence, reasonableness and care may not be disclaimed. The

parties may by written agreement determine the standard by which to measure the

performance of such obligations if such standards are not unreasonable.

the effect of other provisions may not be changed by agreement.

(d) Words in the singular include the plural and the plural include the singular. Words in one

gender include the other gender.

1-104 Amendment, Recession or Adoption of Rules

These rules of conducting business operations are to be designed “rule”. Any rule in this

chapter may be changed or terminated or additional rules may be adopted not inconsistent

with the Seneca Nation Constitution of 1848, as amended 1966 and 1978. No rule so

modified, terminated or adopted shall divest or enlarge the substantive of the other party.

1-105 Applicable Law

Civil matters shall be governed by Seneca Nation laws and customs not in direct

contravention of the laws of the United States.

1-106 Jurisdiction Policy

It is hereby declared as a matter of tribal policy and legislative determination by the Seneca

Nation Tribal Council that the interest of the Seneca Nation require that they provide itself,

its members and other persons living on the Seneca Reservations or who are within the

jurisdiction of the tribe with an effective means of redress in civil cases concerning

business transactions arising between Nation members or a Nation member and nonnation member who through residence, presence, business dealings, contracts, or other

actions or failures to act, or other contacts within the Nation, commit offences against the

Nation or incur civil obligations to persons or entities entitled to Nation protection. The

provisions of the Business code contained herein shall, except as otherwise expressly

provided, apply to all persons or entities, whether Nation members or not, within the

territorial jurisdiction or the Nation.

1-107 Jurisdiction-Forums; Original

(a) The Peacemakers Courts of the Seneca Nation shall have original jurisdiction over

all civil disputes which involve commercial transactions between Nation members

or Seneca and non-Seneca persons.

Seneca Nation Business Code

(b) Except as otherwise required by federal law the Peacemakers Court shall have

original jurisdiction over all commercial matters in which the Nation, or its officers,

agents, or employees are parties either in their official capacities or as a result of

performing their duties for the Nation.

construed as a waiver, of sovereign immunity by the Nation, its enterprises, its

officers, agents, or employees, unless specifically expressed as such by Tribal

Council.

(d) In commercial transactions involving Nation custom, ordinances, or regulation

where doubt exists as to such custom, the Court may request the advice of Tribal

elders familiar with such custom and tradition. Proof of the existence of a Tribal law

or custom shall made by a presentation of evidence showing the Tribal law or

custom to exist by a preponderance of the evidence.

1-108 Territorial Jurisdiction

(a) The jurisdiction of the Nation as exercised in this Business Code shall extend to all

lands now within the Nation or which may hereafter be added to and to such other

lands as may be owned by the United States and held in trust for the benefit of the

Nation.

(b) Unless, in direct contravention of federal law, the jurisdiction of the Nation and its

courts shall extend beyond the territorial limitation set forth in Section 1-108 (a) to carry

out the jurisdiction provisions set forth below.

1-109 Personal- Jurisdiction

(a) As used in these jurisdictional provisions, the word “Person” shall include any

individual, firm, partnership, association or corporation, or business entity.

(b) Unless otherwise excepted within this Code or in contravention of federal law, the

peacemakers court shall have exclusive jurisdiction over the following persons, who

shall also be subject to the rules, regulations, and procedures as established by this

Code.

(1) Any person residing, domiciled or located within the Nation for:

(i) any civil cause of action, or

(ii) is charged with an offense prohibited by this Business Code when the offense

occurred within the Nation boundaries, or

(iii) adversely affects the health, safety, welfare or political integrity of the

Nation.

(2) Any person who transacts, conducts or performs any business or activity within

the Nation, either in person, by agent or representative.

(3) Any person who owns, uses, or possesses any property within the Nation,

(4) Any person who commits a legally harmful (physically tortious) act or engages in

legally harmful (physically tortious) conduct within the Nation boundaries, either

in person or by agent or representative.

(5) Any person who commits a civil offense prohibited by this Business Code by his

own conduct or the conduct of another for which he is legally accountable if:

(i) the conduct occurs either wholly or partly within the Nation boundaries; or

Seneca Nation Business Code

(ii) the conduct which occurs outside Nation boundaries constitutes an attempt

solicitation, or conspiracy to commit an offense within the Nation, and an actin

furtherance of the attempt or conspiracy occurs within Nation boundaries; or

(iii) the conduct which occurs within the Nation boundaries constitutes an

attempt, solicitation, or conspiracy to commit in another jurisdiction an offense

prohibited by this Business Code or other ordinance of the Seneca Nation and is

also prohibited by such other jurisdictions.

jurisdiction over a person may be established on any one or more such basis.

1-110 General Subject Matter Jurisdiction and Limitation

(a) Subject to any contrary provisions, exceptions, or limitations contained in this

Business Code, the Peacemakers Courts shall have jurisdiction over all civil actions

and all offenses occurring within the territorial jurisdiction as defined in section 1-108.

(b) The Peacemakers Courts shall not assume jurisdiction over any civil or criminal

matter which does not involve either the Seneca Nation, its officers, agents or

employees in their official capacity, its property or enterprises, or a Nation member or

member of anther federally recognized tribe or the Nation ordinances, resolutions,

rules, or regulations, if some other judicial forum exists for the handling of the matter

and the matter is not one in which the rights of the Nation or its members may be

directly affected.

1-111 Jurisdiction over Property

Unless otherwise excepted within this code or in direct contravention of federal law, or as

expressly stated elsewhere in this Business Code, the rules, regulations, and procedures

contained herein shall apply to, and the Peacemakers Courts shall have jurisdiction over,

any real or personal property located within the territorial jurisdiction of the Nation,

including airspace; to determine the ownership or rights thereof or to determine the

application of such property to the satisfaction of a claim for which the owner of the

property is or may be liable.

1-112 Remedies Liberal Administered

(a) The remedies provided by this code shall be liberally administered so that the

aggrieved party they be placed in as good a position as if the other party had fully

performed.

(b) Any right or obligation declared by this Code is enforceable by court action unless

the provision declaring it specifies a different effect.

1-113 Self Help Remedies Eliminated

(a) All self-help remedies for the recovery of real or personal property secured to ensure

payment of obligations are hereby declared unavailable, except as otherwise

provided herein.

(b) This section shall not be interpreted to prevent the voluntary surrender of secured

property to a creditor by a debtor, provided that such voluntary surrender occurs at

the time of such surrender. All contract provisions for such surrender executed in

advance of the need shall be of no effect.

Seneca Nation Business Code

1-114 One Action to Foreclose Security Interest

(a) There can be but one action in Tribal Court to recover any debt or enforce or collect

on any right secured by a mortgage or other security interest on non-trust real or

personal property situated or located on the Seneca Reservations, which action must

be in accordance with the procedures outlined herein. The term non-trust property as

used herein means property, the title to which is not held in trust for the Nation or

Nation members.

(b) In spite of the above provisions if the debt for which the encumbrance is held is not

totally due but is payable in installments, whether such debt is evidenced by one or

more principal notes or otherwise , such encumbrance may be collected on, at the

election of the holder of the note for installment(s) due or other charges to be paid by

the debtor. The Tribal Court may by judgement, direct the sale of the encumbered

property or of the equity of the defendants or so much as may be necessary to satisfy

the amount due, and such encumbrance shall otherwise remain in full force and effect

and the holder of the note shall have the right to enforce on the balance or any part of

the balance.

1-115 Action to Foreclose Interest on Personal Property

(a) An action to collect on a security interest in non-trust personal property shall be

commenced by filing a complaint in Tribal Court.

(b) The Court shall determine the issues presented and may direct the sale of the

encumbered property or so much as is necessary to satisfy the amount due, and direct

the application of the proceeds of the sale to the payment of the costs of Court, the

expenses of the sale, and the amount due the plaintiff. If it appears from the Seneca

Nation Marshal or Law Enforcement record of sale that the proceeds are insufficient

and an amount still remains due, the Court may direct entry of a judgement for such

balance against the defendant or defendants.

imminent danger of being concealed, removed from the Reservation or otherwise

disposed of in a manner inconsistent with the security interest, the Court may order the

person having possession or control over such property to appear and show cause why

such property should not be taken into custody of the Court or other security provided

to prevent the improper disposal of the collateral.

(d) Sale of property under the court’s judgment shall be conducted in the manner

provided for execution sales in the Seneca Nation Peacemakers Court Rules of Civil

Procedure.

1-116 Great Seal of the Seneca Nation

The affixing of the Great Seal of the Seneca Nation of Indians to a writing evidencing a

contract for sale or an offer to buy or sell goods or a lease of real or personal property is

evidence of the validity of such writing when it is accompanied by the date and signature of

the Clerk of the Seneca Nation of Indians.

1-117 Signatories

All Seneca Nation of Indians negotiable instruments including checks, bank drafts, notes,

bonds and securities bearing the dated signatures if the President and the Treasurer of the

Seneca Nation Business Code

Seneca Nation of Indians, as authorized by Tribal Council, shall be evidence of the validity

of such instrument.

1-118 Burden of Establishing Signatures, Defense and Due Course

(a) Unless specifically denied, each signature on an instrument is admitted. When the

effectiveness of a signature is put in issue:

(1) The burden of establishing it is on the party claiming under the signature, but

(2) The signature is presumed to be genuine or authorized except where the

action is to enforce the obligation of a purported signer who has died or become

incompetent before proof is required.

(b) When a signature(s) is admitted or established, production of the instrument

entitles a holder to recover on it unless the defendant establishes a defense.

course has the burden of establishing that he or some person under whom he

claims is in all respects a holder in due course.

1-119 Appendix of Official Forms

The designated commission(s) shall have the power to adopt, amend, and rescind an

appendix of forms, subject to approval by Tribal Council. Forms adopted pursuant to

this section shall illustrate the purposes and policies which the business rules intend.

1-120 Adoption and Amendment Procedures

These rules and regulations may be amended at a duly called regular or special session

of the Seneca Nation Tribal Council where interested parties shall have an opportunity

to comment on proposed rules and regulations or modifications in the existing rules

and regulations of the Seneca Nation Business Code.

Proposed rules and regulations and modifications in the existing rules and regulations

of the Nation Business and/or Planning Commission(s) shall be presented to the Tribal

Council, who may recommend publication in the designated publications most likely to

give notice to the Seneca Nation public two consecutive issues, which shall be

available to the public.

1-121 Payments

Checks or other payment of any financial obligation due to the Seneca Nation of

Indians shall be addressed to the Seneca Nation of Indians Business Office, P.O. Box

231, Salamanca, New York 14779.

1-122 Computation of Time

In computing any period of time prescribed in these rules and regulations, the day of

the act or event which initiates the time period shall not be counted. The last day of the

period shall be included unless it is a Saturday, Sunday, or legal holiday of the Nation, in

which case the deadline shall be the next working day. (Legal holidays of the Nation are

the same as Federal holidays, with the substitution of American Indian Day for

Columbus Day). The Nation has a holiday on Friday if the calendar date of the holiday is

ona Saturday.

Seneca Nation Business Code

1-123 Severability

If any provision of this chapter or application to any person or circumstances is held

invalid, such invalidity shall not affect other provisions or applications of this chapter

which can be given effect without the invalid provision or application, and to this and the

provision of this Business Code are declared severable.

1-124 Effective Date

Article 1 and 2 of this Business Code shall take effect on September 26, 1988, or within

thirty (30) days after being passed into Law by Tribal Council Resolution.

ARTICLE 2- BUSINESS LICENSE SYSTEM

2-101 Short Title

This chapter shall be known and may be cited as Seneca Nation Business Code- Business

Licenses. Each Article may be cited by its own short title.

2-102 Purpose

The Seneca Nation of Indians (hereinafter “Nation”) authorized by its treaties, its

Constitution and acting through its Tribal Council, recognizes the need for individual

businesses and organizations to aid in its economic development and makes this provision

for the issuance of business licenses accordingly.

2-103 Authority

The Seneca Nation, by virtue of its inherent sovereignty, its treaties and the Seneca Nation

Constitution of 1848, a amended 1966 and 1978, and acting through its Tribal Council has

authority to grant permission to do business within the Nation by the issuance of business

licenses.

2-104 General Definitions

In interpreting the provisions of this Article save when otherwise declared or clearly

apparent from the context, the following definitions shall be applied:

“Action”- means a judicial proceeding whereby one prosecutes another for a wrong done or

for protection of a right or prevention of a wrong.

“Aggrieved Party”-means a party who has been injured or who has suffered a loss.

“Agreement”-means a manifestation of mutual assent, between two or more legally

competent persons which ordinarily leads to a contract. It is the bargain of the parties in

fact as found in their language, or by implication from other circumstances, including

course of dealing or usage of trade or course of performance.

“Authority”-means an agency created by the Nation, i.e... SNEIDA

“Business”- means all activities engaged in, whether the object of gain, benefit or

advantage to the taxpayer or another person or class, directly or indirectly or not, including

daily, seasonal.

Seneca Nation Business Code

“Commission”- means the Seneca Nation of Indians Planning and Business Commissions.

“Council”- means the Council of the Seneca Nation of Indians

“Court”-means the Seneca Nation Peacemakers Court or the Surrogates Court.

“Engaging in Business”- means commencing, conducting, or continuing in any business of

whatever nature and also the exercise of corporate or franchise powers as well as

liquidating a business when the liquidators hold themselves out to the public as

conducting such business.

“Fiscal”- means either the calendar year or the business fiscal year when permission is

obtained from the Planning-Business Commission to use a fiscal year instead of the

calendar year.

“Impound”- means to place merchandise, funds, or records in the custody of a Nation

officer of the law.

“Indian”’- means a member of any tribe, Pueblo, band, group, village or community that is

recognized by the Secretary of the Interior or the Secretary of Health and Human Services

as being Indian, or any person who possesses Indian blood and who is recognized as an

Indian by the community where such person lives.

“Individual”- means a natural person, a corporation n, an entity, association.

“License”- means a grant of permission to do a particular thing, to exercise a certain

privilege, or to carry on particular business or to pursue a certain occupation.

“Mitigate”- means to lessen or reduce, the general rule is that one who is wronged must

exercise reasonable diligence and ordinary care to avoid aggravating the injury or

increasing the damages.

“Party”- as distinct from third party means a person who has engaged in a transaction or

made an agreement within this Code.

“Person”- means an individual, corporation, governmental subdivision or agency,

partnership, association, cooperative or any other legal entity.

2-105 Business License; Required

Every individual engaged in or intending to engage in a trade, business, profession or

commercial activity of any sort within the Nation boundaries shall, prior to January 1, 1989,

and prior to December 31, or each calendar year thereafter, file with the designated agency

an application for a business license or renewal and upon their recommendation for

licensure to Tribal Council and subsequent issuance, shall entitle such entity to engage in

the kind(s) of business activity at the location(s) listed in the application.

Seneca Nation Business Code

2-106 Business License Eligibility

Any person or business entity which meets the requirements of this section shall be

eligible to apply for, receive, and hold a license to conduct business operations upon the

Seneca Nation of Indians Reservations and such holder(s) of a valid and unrevoked

license(s) granted pursuant to this Code shall have the right to conduct only such

business(es) upon the Seneca Nation of Indians Reservations at such time(s) at such

location(s) as is (are) listed on the application.

2-207 Business License Exemptions (CN: R-07-12-25-12)

(a) No business license shall be required of

(1) Any person engaged in the ministry of healing by purely spiritual means or other

reorganized religious activity;

(2) Any entity owned by the Seneca Nation;

(3) Any person under the age of eighteen (18) who conducts any activities which

gross less than Ten Thousand Dollars ($10,000.00) in any one calendar year;

(4) Any person engaged in the production and sale of the intrinsic or traditional

crafts of the Seneca in the traditional manner which grosses less than Twenty-

Five Thousand Dollars ($25,000.00) in any one calendar year;

(5) Any person who engages in a business operated entirely from their place of

residence which grosses less than Twenty-Five Thousand Dollars ($25,000.00) in

any one calendar year;

(6) Any person who gross receipts attribute to activities that occur within the Nation

boundaries are less than Twenty-Five Thousand Dollars ($25,000.00) in any one

calendar year.

(b) No officer or employee of any government and no individual in private or public

employment who is compensated for services performed by him or her as an employee

by his or her employer shall, for such employment be required to obtain a license; in the

case of a partnership, association, or joint venture, no license shall be required of any

partner, associate or joint venture who does not engage in or conduct a trade, business

or Professional activity of the entity on the Reservation.

2-108 Procedure Generally

(a) A Business License Application form may be obtained during regular business hours at

the Nation Clerk’s Office. Application(s) required to be obtained under the provisions of

this sub-section shall be in addition to all other licenses, fees and permits required by

Seneca law. Completed applications and proof of fees paid shall be submitted to the Tribal

Planning Office for transmission to the Business and/or Planning Commissions.

(b) No license shall be granted to any business entity until it has completed the application

and presented proof to the designated agency that it has complied with all tribal

requirements established as conditions of commencing business within the Nation

including but not limited to, the following:

(1) Proof of ownership of the land and/or an agreement with the landowner.

(2) Pursuant to the Nation’s contract and employment preferences and the Buy

Indian Act 25 U.S.C. 47, the entity agrees that whenever possible enrolled members

Seneca Nation Business Code

will have employment preference in business operating by Nation license within

the Nation’s jurisdiction.

(3) Has submitted an environmental impact statement.

(4) Has submitted proof of insurance coverage or a plan for personal and property

damage, including flood insurance.

(5) If subject to the corporate section of this Code, has filed the proper documents

authorizing it to conduct business as a corporation.

(6) If a construction company, proof of the agreement with the landowner and the

construction plan.

Within ten (10) working days after, approval of a completed application the Planning

Commission shall recommend at the next session of Council that Tribal Council issue

said applicant a license to engage in the business activity stated on the application,

subject to any conditions or limitations by Tribal Council.

2-209 Failure to Apply for License

(a) It shall be a violation of this Code for any entity doing business within the Nation

which fails to obtain a license as provided for in this Code. Such entity shall, in addition

to being required to immediately apply for such a license and pay the required fee, may

be fined as defined by Seneca Law for each day it conducts business operations

without a license, unless good cause is shown to the designated agencies’

Chairpersons as to why such a license has not been obtained in a timely manner.

(b) If the Chairperson(s) of the designated agencies become aware that an entity is

conducting business within the Nation without a license, they shall in the name of the

Nation deliver by personal service, then if unable, by registered mail (return receipt) a

notice to the entity informing it that it is operating in violation of this Code and that it

shall, within five (5) working days, apply for a license and/or liable for such fines as are

indicated in the letter.

political integrity, economic security, health, safety, welfare, or morals of Nation

residents are endangered by the continuation of such activity, the Chairpersons may by

motion at a meeting of the designated agency, petition the Tribal Court in the name of

the Seneca Nation to order such business to terminate all business activity until it has

applied for a license.

(d) Any entity doing business in the Nation without applying for a license within the time

period requested by the Chairpersons or any entity whose license to do business has

been revoked by any court or agency of competent jurisdiction pursuant to any

provision of this Code or any other Tribat Code, shall immediately cease business

operations within the Nation provided that, upon a showing of good cause, the court

may grant the entity a reasonable period during which to conclude his business so long

as, during that time, the continuation of such business does not endanger the political

integrity, economic security, health, safety, welfare, or morals of Nation residents.

2-110 Penalty for Fraudulent Application

Seneca Nation Business Code

Any person who gives a false or fictitious name or address in an application for a business

license or who makes application in the name of a person other than the true owner shall

be fined, as defined by Seneca Law.

2-111 Information Required

(a) Every person or business entity desiring a business license, shall obtain an application

for such license from the Nation Clerk. Each application shall contain an identification

number and shall set forth in writing the following information:

(1) Name address and phone number of Business.

(2) Location(s) of Business, including Road and Reservation.

(3) Name, address and phone number(s) of owner or Chief Executive Officer.

(4) Date and signature of applicant.

(5) Date request submitted and received by Business and/or Planning Commission.

(6) Signature and Position of person receiving application

(b) Each applicant shall be accompanied by payment of a twenty-five dollar ($25.00) fee,

which shall be a non-refundable fee.

Form of Registration and Application

Applications for a Business license shall be made upon Form 87SNBC-1A, which is hereby

adopted.

All applications for Business licenses shall bear a number which shall be the identification

number of the applicants business for purposes of renewal, amendments, reports and any

other papers relating to the applicants business.

(d) Membership List

All business applicants must indicate to the designated agency(s) current officers and/or

directors including persons having a direct or indirect financial interest in the business by

attaching such list to the application form. Supplementary lists of additions and deletions

must be filed quarterly with the designated agencies who will transmit a copy to the Clerk’s

Office. Such information shall be kept in confidentiality.

(e) Application Fees

Each application for an origin/renewal license shall be submitted to the Planning office

and, shall bear the identification number and be accompanied by proof of a Twenty-Five

Dollar ($25.00) payment which shall constitute a non-refundable application fee, except

where waived by Tribal Council or other Seneca Nation Law. Ther person authorized to

accept such applications then issues a receipt for the application.

(f) Business Application Register: The Tribal Planning Office shall keep a register of all

Business license applicants setting forth the business name and date of application.

2-112 Formal Discussion

(a) where any of the designated agencies has reason to believe that an applicant or existing

business shall, if permitted to commence or continue to do business within the Nation,

presents a danger to the political integrity, economic security, health, safety, welfare or

morals of resident of the Nation, the Chair of the designated agency shall upon motion of

the designated agency at a meeting of said agency within five (5) working days notify said

entity first by telephone then by registered mail return receipt, in writing of the reason(s) it

Seneca Nation Business Code

believes the entity presents such a danger and giving a noticing date and place for a formal

discussion on the matter to be held within five (5) working days after delivery of notice.

(b) Discussion B.O.P; Closed Discussion; Recommendation

(1) Where the applicant is an existing business, a quorum of the Business

Commission will conduct the discussion, and where the applicant is a new

business, a quorum of the Planning-Commission will conduct the discussion. The

Planning Office will send notice to the business/applicant telling when and where

the meeting with the Commission will take place.

(2) The Commission hearing the evidence shell then conduct a closed discussion of

the merits of the application/ business which discussion shall remain confidential.

(3) During the discussion the entity shall bear the burden of proof that its business

activity does not present a danger to the political integrity, economic security,

health, safety, welfare, or morals of the residents of the Reservation(s). In any

discussion the entity shall be entitled to be represented by counsel, at their own

expense, present testimony and evidence in support of their case and to crossexamine adverse witnesses.

(4) lf after discussion the Commission(s) find no danger exists they shall state their

reasons in writing, and where applicable shall then so affix their statement with the

words, “Approved” and the date of approval stamped on the front of the application.

The approved application shall then be transmitted immediately to the Chairperson,

who shail recommend licensure at the next session of Tribal Council.

(5) If after discussion the Commission(s) finds by a preponderance of the evidence

that a danger does exist, they shall within two (2) working days, notify said entity,

first by telephone and then in writing by registered mail return receipt, stating the

reasons for their finding, which shall then be affixed to the application with the

words “Rejected” and the date of rejection stamped on the front of the application.

A copy of which shall be filed with the Nation Clerk.

(6) Any applicant or business entity may appeal a Commission(s) finding to the

Tribal Court and shall be entitled to an expedited hearing on the matter.

(7) Where the business is an existing business, a recommendation for suspension or

revocation shall be transmitted to the Chairperson of the Business Commission

who shall petition the Tribal Court on behalf of the Seneca Nation for an order to

immediately enjoin the business from conducting further business, pursuant to

Article 14 of the Peacemakers Court Rules.

(1) The consequences of applicant/business entity’s failure to appear for discussion

at the time stated in the notice to appear, shall be so stated in the notice of

discussion and absent good cause to the contrary, shall imply that the applicant’s/

entity’s business does present a danger and consideration for a license will be

denied with all preceding paperwork voided, and further legal proceedings may be

initiated.

(2) Applicant’s/entity’s failure to appear with good reason, as evidenced bya

telephone call to the Planning Office upon receipt of notice will result in delay of

consideration for licensure. Anew appointment for discussion will be at the

convenience of the Commission(s).

Seneca Nation Business Code

2-113 Reinstatement of License

When a license has been suspended, revoked or denied, and the suspension, revocation or

denial is set aside and the license reinstated or granted, the original license shall not be

reissued. A new application for licensure shall be required as provided in this Article.

2-114 Period of Determination Issuance

(a) The period in which the Commission(s) shall deliberate on a license

application/renewal between the time of filing, and the findings shall not exceed one (1)

month.

b) Issuan Clerk

A copy of the determination and recommendation of the Commission(s) shall be sent to

the Clerk of the Nation who shall issue the license upon approval of Tribal Council.

2-115 License Form; Distribution of Copies; Fee

(a) The Nation Clerk shall issue a license upon authorization by Tribal Council.

(b) (1) The Clerk shall prepare the license in quadruplicate, issue the original to the

licensee, retain a copy, forward a copy to Seneca Nation Law Enforcement and

forward a copy to the Commission(s) at least five (5) days after Council

authorization.

(2) No joint license for the purposes of doing business shall be issued.

the Nation the sum of Five Dollars ($5.00) for each location at which it has been licensed to

conduct business.

2-116 Posting

Every entity issued a business license shall post it in a conspicuous place at the business

location listed on the license, or if it lists more than one location, it shall post a notice

indicating the location at which the license is posted.

2-117 Duration

All licenses issued under this Code shall be valid and in effect for a maximum initial period

of one year beginning January 1, and ending at Midnight on December 31, unless revoked

as provided in this Code or under the provisions of any other Tribal Code.

(a) any license granted after January 1 of any given year shall be effective as though they

had been issued on January 1 and shall expire at Midnight on December 31.

(b) terms for less than and longer than one year shall be at the discretion of the Business

and Planning Commissions to recommend such terms to Council.

2-118 Terms and Conditions

(a) Use- Licenses or permits to do business authorize use for business purposes only and

do not constitute recognition of ownership of the premises. Other use of the said property

inconsistent with the peace and safety of other Nation residents shall be grounds for

suspension, revocation of the license and/or eviction from the property involved.

(b) Assignment- Business licenses or permits to do business may not be assigned,

transferred or otherwise disposed of without the prior written consent of the Nation.

Licensees shall notify the designated agencies who shall/shall not recommend in writing

Seneca Nation Business Code

such assignment, transfer or disposal to Council setting forth their reasons for such

recommendation or denial. Written consent to assign shall not be unreasonably withheld.

Conservation and Environmental protection, health and safety laws now or hereafter

adopted by the Council.

(d) Agency- Licenses to do business within the Nation do not create a Principal-Agent

relationship whereby the Licensee acts on behalf of the Nation. Under no circumstances

shall such authorization by license be interpreted to mean the licensee is a representative

of the Nation.

2-119 General Record Keeping

(a) The Seneca Nation, through its designated agencies, shall require all persons doing

business within the Nation to supply information concerning their business activities within

the Nation.

(b)The Office of Fiscal Affairs (OFA) shall be authorized to inspect the books and records of

any person or business entity located within the Nation. Upon notice to the entity such

books and records shall be examined during regular business hours at the location where

safe is kept. The purpose is to collect data relevant to the determination of matters such as

taxability, control, relatedness to other persons, and accuracy of filed tax declaration.

The Business and Planning Commission(s) is authorized to request and obtain information

from persons doing business within the Nation which directly pertains to ordinances

establishing the Tax Code and those regulations being administered by the designated

agencies.

2-120 Applications and Returns Confidential

(a) The applications and returns made to the designated agencies shall not be made public,

nor shall they be subject to the inspection of any person except the President or members

of the Tribal Council at Executive Session, and it shall be a violation of this code for

recipients of such applications, or returns to make public or inform any other person as to

the contents or information contained in or to permit inspection of any application or

return except as authorized in this section.

(b)Confidentiality; Generally;

Information contained in any application submitted by or on behalf of any person to the

designated agencies shall not be disclosed by the Commission(s) or any persons receiving

or in possession of such information without the consent of the person, except that:

(1) Nothing in this exception shall prevent the disclosure of such information by the

chairperson(s) of the designated agencies to an Executive Session of:

(i) The Business Commission

(ii) The Planning Commission

(iii) The Tribal Council.

(2) Nothing in this section shall prevent the disclosure of such information by the

designated agencies in judicial proceedings involving the person from whom such

information was obtained.

Seneca Nation Business Code

Nothing in this section shall prevent the Business and/or Planning Commission(s) from

publishing several statistical summaries, graphs, data analysis and other such information

relating to the administration of programs of the Seneca Nation which is designed not to

disclose information relating to a single person.

2-121 Indian Traders License

An Indian Traders License issued by the Bureau of Indian Affairs under 25 C.F.R. Sec. 140 is

not deemed to be a Seneca Nation Business License. A Tribal Business License is required

if a valid Indian Traders License has been issued by the Bureau of Indian Affairs. However,

non-Indians possessing Indian Traders Licenses shall be held to provisions of 25 C.F.R. Sec

140 in addition to the laws of the Nation.

2-122 Consent to Jurisdiction

Acceptance of a Nation license to do business is consent to the jurisdiction of the Nation’s

courts to hear and determine any suit, claim, or other action arising out of or relating to the

provisions of the license, access to or use of the property or activities of the licensee within

the Nation, which involve the Nation or its members, officers, employees, agents, or

representatives.

2-123 Indian Labor, Deviation, Denial

(a) Pursuant to Sec. 2-108(b) Business Licensing System where and whenever possible

enrolled members shall have employment preference for business entities operating by

license within the Nation

(b) A deviation from the Indian Labor require may be approved by submitting sufficient

justification in writing to the designated agencies at the time of application for license, for

their review.

recommendations including an opportunity for informal discussion on the matter.

(1) Informal discussion shall provide the entity the opportunity to demonstrate that it

cannot comply with the Indian Labor requirement.

(2) If the Chairpersons of the designated agencies finds by a preponderance of the

evidence sufficient justification for non-compliance by the entity does not exist, they

shall within five (5) working days to notify said entity by telephone then in writing by

registered mail return receipt stating the reason for their finding.

(3) Said entity may appeal the Chairpersons’ finding to the Tribal Court and shall be

entitled to an expedited hearing on the matter.

(4) If the Chairpersons find sufficient justification for waiving the Indian Labor

requirement, they shall recommend Licensure at the next session of Council, subject

to Tribal Council approval

(d) Failure to Appear

An applicant’s failure to appear for informal discussion absent good cause shall imply that

the applicant cannot justify waiver of the Indian labor requirement. Failure to appear with

good reason will result in delay of consideration for licensure, as a new appointment for

discussion will be at the Chairpersons’ convenience.

2-124 Remedies

Seneca Nation Business Code

(a) Order to Show Cause

If an entity doing business on the Reservation that has been directed by the Chairperson to

cease business activity pursuant to the revocation of its license to do business within the

Nation or under any other Tribal Code, fails to comply, the Chairperson shall within 24

hours petition the Court for a Show Cause Order as to why said business shall not be

permanently restrained from doing business or excluded from the Nation.

(b) Physical Removal, Incapacitation, Exclusion

Where the petition by the Chairperson(s) allege that the business represents a danger to

the political integrity, economic security, health, safety, welfare or morals of Nation

residents, the Court shall hold an expedited hearing. If the entity fails to show good cause,

the Court, may order the Seneca Nation Marshall and/or Chief Law Enforcement Officer to

take appropriate action.

(1) Where the person(s) engaging in business are not members of the Nation, the

Court may order the Nations Marshalls and/or Law Enforcement to physically

remove where necessary all such persons from the property along with any personal

property used in the conduct of said business that can be removed without causing

permanent damage to it.

(2) For property which cannot be so removed, such as a building, the Court shall

order the incapacitation of said property, and the Marshall and/or Law Enforcement

shall use a padlock or other means so that it can no longer be used to carry out

business.

(3) Where the person(s) doing business in violation of this Code are tribal members,

they shall be prosecuted for criminal contempt of court, and all personal and real

property used in the conduct of such business shall be impounded, padlocked, or

otherwise incapacitated so that it cannot be used to carry out further business. A

corporation, partnership, or other entity shall be considered a tribal ‘member’ for

purposes of this section only if fifty-one percent (51%) or more of the entity is owned

by tribal members.

2-125 Redemption

(a) An entity may recover all such property incapacitated or impounded under this section

by paying to the Nation, the costs of carrying out the legal proceedings incurred by the

Nation as well as a fine as defined by Seneca Law for each day that has passed since it was

ordered by the Chairperson(s) to apply for the Nation business license.

(b) An entity excluded or incapacitated under this provision may be granted a new license

to engage in business activity in the Nation only if:

(1) no less than six (6) months has passed since the date of the exclusion order, and

all outstanding fees and fines are paid;

(2) the entity has paid all costs incurred by the Nation in carrying out the exclusion

or incapacitation order and has paid such fine(s) as the Peacemakers Courts

deems appropriate and/or as defined by Seneca Law;

(3) Notwithstanding the provisions of the subsections above, the Peacemakers

Court may, for good cause, deny such an entity a new license, or may attach such

conditions as are appropriate upon the granting of a license, or may waive or

mitigate the provisions of the preceding subsections. The determination of the

Court shall be a final judgement.

Seneca Nation Business Code

(4) any entity may appeal the Court determination to the Tribal Appellate Court.

2-126 Severability

lf any provision of this chapter or application to any person or circumstances is held

invalid, such invalidity shall not affect other provisions or applications of this chapter

which can be given effect without the invalid provision or application, and to this end the

provisions of this Business Code are declared severable

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.