SISSETON-WAHPETON OYATE
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SISSETON-WAHPETON OYATE
OF THE LAKE TRAVERSE RESERVATION
BUSINESS LICENSE ORDINANCE
CHAPTER 53
Title I - General Provisions
53-01-01 Section Titles .......::.ssseseeee rece eee nent eee retro eee tere e acca tae tees .
§3-01-02 Jurisdiction .......
53-01-03 Severability .............00:ccerees
§3-01-04 Continuity of Law
53-01-05 , Construction .........-..:66 eee le
53-01-06 =» Amendments.........0...::0esesnes
53-01-07 © Effect of Headings
Title II - Definitions
5302-01 , Definition of Terms
53-02-02 Business. ...... 0-0 cee ceceeeee esse esecneeeseeeeae
53-02-03 Business License ..............046. ,
53-02-04 Cigarette Distributor _
53-02-05 Connell .......cc scene ee cec eves teesnccceccaeeneeseeseesedaeseeeeesees hace e eee
53-02-06 Member .......-..csceseereeenesresees Cea le nescence nena teens nee ne es ee tonnes ewes 3
53-02-07 Motor Fuel Distributor ..... wee
53-02-08 Motor Fuel Retail Dealer ... wes
53-02-09, © + Person ic... scccecceeeensesareeeeee seen ee eee eeee see ee eens eee eenee ene ee esse pines
5302-10 Person subject to the Jurisdiction of the Tribe
53-02-11 Vice-Chairman
53-02-12 Tax Office ......ccceeeee eee
53-02-13 Tribal Court ..... 2c cee etetecen see nee eee sense eeees .
53-02-14 Within the Jurisdiction of the Tribe ...,.......:sesseesesesreteeeeever essen
Title I - Vice-Chairman’s Authority
53-03-01 General Powers of the Vice-Chairman ...........00seeseseeee nescence en seas! 4
53-03-02 Enforcement and Administration Responsibility ...............-+-sceee 4
Title IV - Business License Requited
53-04-01 Persons Required to Apply for Business License .............s..sceeeres 4
53-04-02 Restrictions ......;20eeerereeeee sever seen beeseeesnestetees 5
53-04-03 Reference to Other Laws ..... wd
53-04-04 Tax Collection Requited .......:cccsseeeeee wn 6
53-04-05 Engaging in Business Without a License .......--+-+--eereeeeeterree eres 6
53-04-06 Establishment of Fees ..........ccccceesesenstereeeenteet cence ee ee cena
53-04-07 Exemptions vee wend
53-04-08 Papment of License Fees .....5..csecssecessseseeereneneenercnerertenees 7
53-04-09 Schedule of Fees .......:::.sccseressvecseeeesceeceseces ere eeeenanence tree 8
53-04-10 Refund of License Fee vas
53-04-11 Disposition of Funds .........0s..cceceseecececrssee seer eenaeeneeaseneneeecs
Title V - Bonding Required Certain Businesses
53-05-01 Bonding ....... cc iecccece ees ceeee ee nee ae eee sees ance ane eet sa eeneee ne ebe tage §
53-05-02 Bonding As a Condition of Licemse ...--....--..cceeeececeeceeeeeneee aces 9
53-05-03 Bond Duration .,........cccseecneeeenrteeeteeee rset serereeteeeasesseereatass
53-05-04 Deposit in Lieu of Bond .............. _
53-05-05 Release and Substirution of Surety ............ sede esen eee ee een eee tees
53-05-06 Motor Fuel Distributor License Required ..............:0e.ceeeeeeee es . 10
53-05-07 Motor Fuel Retail Dealer License Required .....0.......:ccccecessese . 10
53-05-08 Cigarette Distributor License Required ......... vee ell
53-05-09 Expiration and Renewal of License ........ ce ebet tty epee naan enaeees 11
Title VI - Vice-Chairman’s Issuance of Licenses; Violations
53-06-01 Assignment or Transfer of License ............. bee eee cee teeeeenee tenses 12
53-06-02 Disciplinary Powers of the Vice-Chairman ..... ers V4
53-06-03 Abatement of Proceedings ..........0+scsesees 12
53-06-04 Suspension or Revocation of License 13
53-06-05 Notice of Suspension or Revocation of License .............. veel
53-06-06 Heating of Suspension or Revocation of License ............. 13
53-06-07 Appeal of Order of Suspension or Revocation of License ..........++4 14
53-06-08 «Cail Action ....... cece ccce cee eccene cater cee e teense eee tie eenaeeennenes 14
53-06-09 Violations; Civil Penalties .......... 0.0. ce cee e eee eee Le teceeeneeeeeeee eee seaes 14
53-01-01
53-01-02
53-01-03
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SISSETON-WAHPETON OYA’
CHAPTER 53
BUSINESS LICENSE ORDINANCE
TITLE I - GENERAL PROVISIONS
Section Titles
Ir being necessary to strengthen the government of the Sisseton-Wahpeton Oyate of
the Lake Traverse Reservation (“Tribe”) by exercising the specific grant of authority
contained in Sections l(g) and 1(h) of the Revised Constitution and Bylaws of the
Sisseton-Wahpeton Oyate to license and regulate certain conduct within the
jurisdiction of the Tribe, to enhance the Tribe's ability to efficiently and effectively
exercise its confirmed inherent sovereignty and governmental responsibilities, and to
enhance the general well-being of members of the Tribe and others within che
jurisdiction of the Tribe, the Tribe hereby adopts the Sisseton-Wahpeton Oyate
Business License Ordinance, Chapter 53.
Jurisdiction .
In accordance with Article I of the Sisseton-Wahpeton Oyate Constitution, the
Tribal Council hereby affirmatively declares, asserts, and extends the criminal and
civil jurisdiction of the Tribe over all areas within the original exterior boundaries of
che Lake Traverse Indian Reservation, as described in Article [II of the Treaty of
February 19,. 1867, that are held by the United States in trust for the Tribe or any .
individual Indian, all other lands owned by the Tribe or any individual Indian, all
allotments covered by 18 U.S.C. § 1151(¢), and all dependent Indian Communities
within the original boundaries of the Lake Traverse Indian Reservation as defined by
18 U.S.C. § 1151(b), as well as all dependent Indian Communities otherwise deemed
to be Indian Country and subject to jusisdiction of the Sisseton-Wahpeton Oyate.
Severability
If any clause, sentence, paragraph, section, ot part of this Business License
Ordinance shall be declared invalid or unconstitutional by any court of competent
jusisdiction, such judgment shall not effect, impair, or invalidate the remainder
thereof, but shall be confirmed in its operation to the clause, sentence, paragraph,
section, or part thereof directly involved in the controversy in which the judgment
shall have been rendered.
Continuity of law
It is hereby declared that the legislative intent of the Sisseton-Wahpeton Oyate Tubal
Council is that this Business License Ordinance be construed as amending and
revising the present Business License Ordinance enacted by the Sisseton-Wahpeton
Ovate Tribal Ordinance of 1986 and shall have prospective effect only, and shall not
affect the validity of any license issued under such prior law.
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C._.PTER 53: BUSINESS LICENSE ORDINANGX! PAGE2
Construction
This Business License Ordinance shall be interpreted and applied in a manner
consistent with all other Codes, Laws, Ordinances, Resolutions, and Regulations of
the Sisseton-Wahpeton Oyate.
Amendments
This Business License Ordinance may be amended only upon an affirmative vote of
a majority of the Sisseton-Wahpeton Oyate Tribal Council.
Effect of headings :
Headings contained herein shall not be deemed to govern, limit, modify, or in any
manner affect the scope, meaning, or intent of the provisions of any portion of this
Business License Ordinance.
TITLE I - DEFINITIONS
Definition of terms
The following words, terms, and phrases, when used in this Chapter, have the
following meanings ascribed to them:
Business includes any profession or activity engaged in by a petson, firm company
with the object of gain, benefit, or advantage, either direct or indirect.
Business License means a license to carry on a business within the jurisdiction of the
Tribe issued under the provisions of this Chapter.
ette Distributor includes every person wherever resident or located who
purchases unstamped cigarettes or other tobacco products directly from the
manufactuter thereof and stores, sells or otherwise disposes of the same within the
jurisdiction of the Tribe. Cigarette distributor also includes any person wherever
resident or located, who manufacturers or produces cigarettes or other tobacco
products, or causes the same to be manufactured or produced, and sells, uses, stores,
or distributes the same within the jurisdiction of the Tribe.
Council means the duly elected Council members of the Sisseton-Wahpeton Oyate.
Member includes any person who is an enrolled member of the Sisseton- Wahpeton
Ovyate.
Motor Fuel Distributor includes any person, other than a Motor Fuel Retail Dealer,
who acquires motor fuel from a refiner or supplier for subsequent wholesale
distribution in bulk or transport load by truck, milcar, or in a barrel, drum or other
receptacle within the jurisdiction of the Tribe.
Motor Fuel Retail Dealer includes any person who acquires motor vehicle fuel from
a supplier or distributor for resale to a consumer at 2 site at which motor vehicle fuel
is dispensed through a pump from an underground or aboveground storage rank
into the supply tank of a motor vehicle.
Adopted by SWO Resolution 04-134 on December 13, 2004.
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§3-02-12
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CrAPTER 53: BUSINESS LICENSE ORDINANcS PAGE3
Person includes any individual, firm, parmership, joint venture, association,
corporation, municipal corporation, trust, business trust, receiver or any group or
combination acting as a unit and the plural as well as the singular in nuraber.
Person Subject to the Jurisdiction of the Tribe includes any person having or
maintaining within the jurisdiction of the tribe, directly or by a subsidiary, an office,
place of distribution, sales or sample room or place, warehouse, or other place of
business, or having any representative, agent, sales person, canvasser, or solicitor
operating within the jurisdiction of the Tribe under the authority of such petson or
subsidiary, for any purpose, including the repairing, selling, delivering, installing, or
soliciting of orders for goods or services, or the leasing of tangible personal property
located within the jurisdiction of the Tribe, regardless of whether the representative,
agent, Salesperson, canvasser, or solicitor is located within the jurisdiction of the
Tribe permanently or temporanily, or possesses a Tribal business license.
Vice-Chairman means the elected Vice-Chairman of the Sisseton-W’ahpeton Oyate
or any duly authorized and appointed assistants, deputies or agents of said
Vice-Chairman charged with the administration or enforcement of this Chapter.
Tax Office means the Tribal Tax Director, including duly authorized and appointed
assistants, deputies or agents of the Tax Director, who shall carry out the day-to-day
administration of this Chapter, and shall report directly to the Vice-Chairman.
Tribal Court means the Sisseton-Wahpeton Oyate Tzibal Court.
Within the Jurisdiction of the Tribe means all ateas within the original exterior
boundaries of the Lake Traverse Indian Reservation as described in Article ITI of the
Treaty of February 19, 1867, that are held by the United States in trust for the Tribe
or any individual! Indian, all other lands owned by the Tribe or any individual Indian,
all allotments covered by I 8 US.C. §f151 (©), and all dependent Indian
Communities within the original boundaries of the Lake Traverse Indian Reservation
as defined by 18 US.C. § 1151 (b), as well as all dependent Indian Communities
otherwise deemed to be Indian Country and subject to jurisdiction of the
Sisseton-Wahpeton Oyate.
TITLE If - VICE-CHAIRMAN’S AUTHORITY
General Powers of the Vice-Chairman
The Vice-Chairman shall have the power and authority to issue a business license to
any person desiring to engage in business within the jurisdiction of the Tribe, upon
establishing, to the satisfaction of the Vice-Chairman, that such person is a proper
person to engage in a trade, business, profession or vocation, under the provisions of
this Business License Ordinance, Chapter 53, and the rules and regulanons
prescribed by the Vice-Chairman to carry into effect and execute such laws.
Adopted by SWO Resolution 04-134 on December 13, 2004.
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Crd PTER 53: BUSINESS LICENSE ORDINANCE PAGE 4
In the event that any application for license is filed by any person whose license has
at any time been revoked, or if it is determined that such application is filed by some
person as a subterfuge for the real person in interest whose license has been revoked,
the Vice-Chairman may refuse such person a license.
The Vice-Chairman may refuse to issue any license pursuant to this Chapter, if the
Vice-Chairman has reasonable cause to believe that an applicant to be licensed under
this Chapter has been convicted of any criminal offense in any jurisdiction.
Enforcement and Administration Responsibility
The Tax Office of the Sisseton-Wahpeton Oyate, which shall report directly to the
Vice-Chairman, is hereby charged with the day-to-day administration of the
provisions of this Chapter. The Tax Office shall perform the following
administrative services when appropmate: collect and record fees; maintain records
and Giles; issue and receive application forms; notify applicants of acceptance or
sejection as determined by the Vice-Chairman; issue licenses as authorized by the
Vice-Chairman; issue duplicate licenses upon submission of a written request by the
licensee attesting to loss of or failure to receive the original and payment by the
licensee of the established fee; notify licensees of renewal dates at least thirty (30)
days before the expiration date of their licenses; compile and maintain a current
register of licensees; answer roudne inquiries; maintain files relating to individual
licensees; and provide inspection, enforcement, and investigative services to the
Vice-Chairman, regarding all licenses issued pursuant to this Chapter.
TITLE Iv - BUSINESS LICENSE REQUIRED
Persons Required to Apply for Business License
Every person subject to the jurisdiction of the Tribe, unless exempted by Section 53-
04-07, shall make application for a Tribal business license and shall present the
application to the Tax Office. Upon official endorsement of the Vice- Chairman, an
appropiate license shall be issued by the Tax Office.
Every contractor, before commencing under any contract to be performed within
the jucisdiction of the Tribe, must obtain a business license, pursuant to the
provisions of this Chapter.
No person is permitted to engage in, or conduct business of distributing cigarettes to
Tribal owned tobacco outlets within the jurisdiction of the Tribe, without having
first obtained the appropriate license for that purpose, pursuant to the provisions of
this Chapter.
Every motor fuel distributor, before continuing in or commencing to transact
business of a motor fuel distributor, must procure a license, pursuant to the
provisions of this Chaprer.
Adopted by SWO Resolution 64-134 on December 13, 2004.
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CHAPTER 53: BUSINESS LICENSE ORDINANCE PAGES
Every motor fuel retail dealer, before engaging in the retail sale of motor fuels, must
apply for a license, pursuant to the provisions of this Chapter, for each establishment
operated by such dealer.
Restrictions
No licensee shall use the place for business specified in the license, or permit to be
used any part of such premises, for any unlawful conduct or purpose whatsoever.
No business within the jurisdiction of the Tbe may occur at any other place then
specified in the business liccnse.
No work shall commence under any contract with the Tribe, any political
subdivision of the Tribe, or any Tribal program or agency, unless a contractor has
secuted a business license, pursuant to the provisions of this Chapter, and has shown
valid proof of such license to the manager or director responsible for such conrract.
No licensee shall deal in objects of antiquity removed from any historical site, min,
of monument located on any lands controlled by the Tribe.
Reference to Other Laws
Any person properly licensed and operating a business within the jurisdiction of the
Tribe shall cormnply with all applicable tribal, federal, and state laws. As required by
Chapter 20 of the Txtbe’s Codes of Laws, each license issued by the Tax Office,
pursuant to this Chapter 53, shall contain a statement that, as a condition for such
license, the licensee has formally acquiesced to the civil and/or criminal jurisdiction
of the Txibe.
No licensee shall use or permit any part of the place of business specified in the
license to be used for the manufacture, sale, gift, transportation, drinking or storage
of intoxicating liquors or beverages, in violation of the Liquor Control Law, Chapter
35.
Only Tribal owned tobacco outlets ate permitted to sell cigarettes and other tobacco
products at retail to consumers within the jurisdiction of the Tribe, as prescribed by
the Tax Code, Chapter 67.
As required by the Gaming License Ordinance, Chapter 58, every person who sells,
leases, markets or otherwise distributes gambling devices, equipment, games,
implements, services (other than professional legal or accounting), products, or
supplies to the Tribe's gaming operations, shall apply to the Tribal Gaming
Commission for a Non-Management Gaming Contractor License, under the terms
and conditions prescribed by Chapter 58.
Tax Collection Required
Every person subject to the jurisdiction of the Tribe shall collect, report and remit all
applicable Tribal taxes imposed by the Sisseton-Wahpeton Oyate Tax Code, Chapter
67.
Adopted by SWO Resolution 04-134 on December 13, 2004.
CHAPTER 53: BUSINESS LICENSE ORDINAICE PAGE 6
53-04-05 Engaging in Business Without a License
© The Vice-Chairman may issue an order for a violation of this Chapter, if there is
probable cause to believe a person has practiced a profession or engaged in business
within the jurisdiction of the Tribe, for which a license is required by this Chapter,
without holding such license. The Vice-Chairman may issue an order requiring such
person to cease and desist from continuing to engage in business activities without a
license required by this Chapter. Any order issued by the Vice- Chairman must be in
wntng.
Any person found to have engaged in business without the required Tribal business
license may be assessed a civil penalty by the Vice-Chairman equal to the greater of
$1,000.00 or twenty percent (20%) of the gross income derived by such person from
any unauthorized business activities conducted within the jurisdiction of the Tribe.
The Vice-Chairman may, in his/her diseretion, compromise, modify, or remit, with
or without conditions, any civil penalty assessed for engaging in business without
obtaining the required Tribal business license.
The Vice-Chairman's assessment imposing a civil penalty and order to cease and
desist shall be final and conclusive, unless the person against whom such assessment
and order is issued files a petition for judicial review in the Tribal Court. The Tribal
Court may enjoin, set aside, suspend (in whole or in- part), or determine che validity
of the Vice-Chairman's assessment and order to cease and desist. Such a petition may
only be filed in Tribal Court within thirty (30) days of the date the assessment was
© issued by the Vice-Chairmar.
If any person fails to pay a civil penalty under final order of the Vice-Chairman, the
Vice-Chairman shall institute a civil action to recover the amount assessed in the
Tribal Court. If the form of citation includes the essential facts constituting the
offense charged and signed by the Vice-Chairman, then the citation when filed with
the Tribal Court is considered to be a lawful complaint in an action of debt In such
collection action, the validity and appropriateness of the Vice-Chairman's order
imposing the civil penalty shall not be subject to judicial review. The remedy of
removal from the jurisdiction of the Txibe is also applicable when the authority of a
person to do business within the said jurisdiction has been revoked by the
Vice-Chairman.
53-04-06 Establishment of Fees
The fee charged for any license issued pursuant to this Chapter, the rate to be
recommended by the Tax Commission and determined by the Tribal Council, shall
approximately equal the actual regulatory cost for the business licensed. The Tribal
Council and Tax Commission shall annually review fee rates to determine whether
the fees collected by the Tax Office approximately equal the regulatory costs of the
Tax Office for each type of business regulated under this Chapter.
Adopted by SWO Resolution 04-134 on December 13, 2004.
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CuAPTER 33) BUSINESS LICENSE URUINANCE fave?
Exemptions
No license requirement or charge shall be imposed with respect to any organization
engaged in raising funds for charitable, scientific, educational, or religious purposes;
nor shall any fee be charged to any school, athletic or education oxganization, that
may charge fees for foorball, baseball, basketball games, and social dances, provided,
that receipts from such activities do not accrue to the personal benefit of any
individual, corporation or group, other than to fund charitable, scientific,
educational, or religious activities.
No license requirement or charge shall be imposed with respect to any person
making casual or isolated sales who is not engaged in the on-going business of selling
the type of property involved within the jutisdiction of the Tribe, providing such
sales activity generates no more than $500 during any calendar year.
Payment of License Fees
Every person required to apply for and maintain a business license pursuant to this
Chapter shail pay the Tax Office an annual business license fee at the rate specified
in Section 53-04-09, due annually from the date of issue.
Every person selling tangible personal property ot rendering services as a vendor at a
single location or event (rodeo, fair, trade show, etc.), shall pay a license fee of $20
per event Each vendor must be separately licensed. The license fee shall be
collected by the event coordinator at the time of registration for the event and -
remitted to the Tax Office.
Schedule of Fees
The annual license rate for Tribal Members shall be $50.00.
The annual license rate for Non-Members shall be $100.00.
The fee charged for any license issued after July 1" shall be reduced by half. The
Sisseton-\Wahpeton Oyate wants to encourage Tribal members to enter business
activities, which is part of the Tribal policy of self-determination. Therefore, the
Tribe is allowing a reduced business license fee assessment for Tribal members.
Tribal members must verify their membership ducing the application process.
Refund of License Fee
No refund of any license fee paid pursuant to this Chapter may be made tw any
person upon the surrender or revocation of any license, except a license fee paid or
collected in error. If it shall appear, subsequent to the receipt by the Vice-Chairman
of any license fee or penalty imposed, that a fee was not due under the provisions of
this Chapter, whether as a mistake of fact or law, then such amount shall be credited
against any license fees due, ar to become due, under this Chapter to the person who
made the overpayment, or such amount shall be refunded to such person by the
Vice-Chairman, provided that a written request for refund is made to the Tax Office
within one (1) year of the collection.
Adopted by SWO Resolution 04-134 on December 13, 2004.
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CrcAPTER 53: BUSINESS LICENSE ORDINANCE PAGES
Disposition of Funds
License fees payable under this Chapter shall be remitted by the Tax Office to the
Vice-Chairman with a schedule setting forth the name and residence of each
applicant and the type of license issued. The licensing fees received by the Vice-
Chairman shall be credited to the tax revenue account of the Tribe to be used in the
provision of Tribal governmental services, as determined by the Sisseton-Wahpeton °
Oyate Tribal Couneil.
TITLE V - BONDING REQUIRED CERTAIN BUSINESSES
Bonding
The Vice-Chairman may require that a licensee, whose record of financial
responsibility as a taxpayer shows any delinquency in the payment of taxes or
inability to maintain accurate Gnancial records, file a bond with the Vice-Chairman to
secure the payment of taxes, penalties and interest imposed by and payable under the
provisions of the Tax Code, Chapter 67, subject to the following.
A. The total amount of the bond shall be fixed by the Vice-Chairman, and may be
increased or reduced by the Vice-Chairman at any time thereafter, provided, that
in fixing the total amount of a bond, the Vice-Chairman shall not require 2 bond
greater than (3) times the tax on the greatest amount of taxable gross receipts
handled during a monthly period, shown on any previous return, or assessment
in the case of no return.
B. The bond shall be duly executed by such a person as principal and by a
corporation approved by the Vice-Chairman as surety payable to the Tribe,
conditioned upon the faithful performance of all the requirements of this
Chapter, and expressly providing for the payment of all taxes, penalties, and
other obligations of such person arising under the Tax Code, Chapter 67.
Bonding As a Condition of License
Before granting a license authorizing any person to engage in business as a motor
fuel distributor, motor fuel retail dealer, or cigarette dismibutor, such person shall file
a bond, duly executed by such a person as a principal, and by a corporation approved
by the Vice-Chairman as surety, payable to the Tribe, conditioned upon the faithful
performance of all the requicements of this Chapter, and expressly providing for the
payment of all taxes, penalties, and other obligations of such person arising under the
Tax Code, Chapter 67.
Bond Duration
Every bond filed with and approved by the Vice-Chairman shall, without the
necessity of periodic renewal, remain in force and effect until such ume as the license
is revoked for cause or otherwise canceled, or has expired.
The recovery on any bond or execution of any new bond does not invalidate an
existing bond, and the revocation of any license is not deemed to affect the validity
of any bond.
Adopted by SWO Resolution 04-134 on December 13, 2004.
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CHAPTER 332 BUSINESS LICENSE URUUYAINCE anes
Deposit in Lieu of Bond
In heu of any bond required under this Chapter, a like amount of money, or bonds
or other obligations of the United States, of an actual market value not less than the
amount fixed by the Vice-Chairman, may be deposited with the Tribe under such
terms and conditions as the Vice-Chairman may prescribe.
Release and Substitution of Surety :
The surety on any bond shall be released and discharged from all liability to the Tribe
accruing on such bond after the expiration of sixty: (60) days from the date upon
which such surety shall have lodged with the Vice-Chairman a written request to be
released and discharged. However, this provision shall not operate to relieve, release,
ot discharge the surety from any lability already accrued, or which shall accrue
before the expiration of the sixty (60) day period. Upon receipt of any such request,
the Vice-Chairman shall notify the principal who fumished the bond, and unless the
ptincipal shall on or before the expiration of the sixty (60) day period file a new
bond, the Vice-Chairman shall cancel the principal's business license.
Motor Fuel Distributor License Required
Every motor fuel distributor, before continuing in or commencing to transact
business as a distnbutor, shall procure a license from the Vice-Chairman permitting
him/her to engage in business as 2 distributor within the jurisdiction of the Tribe.
Provided the Vice-Chairman approves an application for a motor fuel distributor
license, such license shall be issued upon payment of the license fee required to be
paid by Section 53-04-09 and the filing of a bond in the amount determined by the
Vice-Chairman in accordance with Section 53-05-01.
Motor Fuel Distributor License Required Continued:
Bonding is not a condition for licensor of a Tribal member as a motor fuel
distributor; however, the Vice-Chairman may require the filing of a bond upon a
showing of delinquency in the payment of any Tribal taxes.
All motor fuel discributors shall maintain complete records of each purchase,
delivery, or supply of motor fuel for a period of not less than three years at the
physical location stated on the license, and shall not move the records to another
location without notifying the Vice-Chairman of the new location. A complete
tecord for each delivery shall consist of not less than a copy, or the information
contained therein, of the bills of lading from the refinery or bulk terminal from
which the fuel is received, the delivery ticket or receipt showing the location of the
fuel at the time of sale, and the invoice showing the purchaser of the fuel
Any motor fuel distributor who knowingly sells or supplies motor fuel to an
unlicensed motor fuel retail dealer is guiley of a Class One (1) Misdemeanor and
subject to incarceration up to one (1) ear, or Kable for a civil penalty in an amount
not to exceed $5,000.00.
Adopted by SWO Resolution 04-134 on December 13, 2004.
53-05-07
53-05-08
CrAPTER §3: BUSINESS LICENSE ORDINANCE PAGE 10
Any motos fuel distributor who continues to sell motor fuel to an unlicensed motor
fuel retail dealer, after both oral and written notice to cease has been communicated
by the Vice-Chairman, is guilty of a Class One (1) misdemeanor and subject to
incarceration up to one (1) year, or liable for a civil penalty in an amount not to
exceed $5,000.00.
Motor Fuel Retail Dealer License Required
Every motor fuel retail dealer, before engaging in the sale of motor fuel, shall apply
to the Tax Office for a license for each establishment operated by such dealer.
Provided the Vice-Chairman approves an application for a motor fuel retail dealer
license, such license shall be issued upon payment of the license fee required to be
paid by Section 53-04-09 and the filing of a bond in the amount determined by the
Vice-Chairman in accordance with Section 53-05-01.
Bonding is not a condition for licensor of a Tribal member as a motor fuel retail
dealer; however, che Vice-Chairman may require the filing of a bond upon a showing
of delinquency in the payment of any Tribal taxes, as authorized in 53-05-0 1,
Any motor fuel retail dealer who knowingly sells motor fuel, which was delivered to
the retail dealer by or on behalf of an unlicensed motor fuel distributor, is guilty of a
Class One (1) Misdemeanor and subject to incarceration up to one (1) year, or liable
for a civil penalty in an amount fot to exceed $5,000.00.
Any motor fnel retail dealer who continues to sell motor to an unlicensed distributor,
after both oral and written notice to cease has been communicated by the
Vice-Chairman, is guilty of a Class One (1) Misdemeanor and subject to
incarceration up to one (1) year, or liable for a civil penalry in an amount not to
exceed $5,000.00.
Cigarette Distributor License Required oo
No person is permitted to engage in, or conduct business of distubuting cigarettes
within jurisdiction of the Tribe without having first obtained the appropriate license
for that purpose, pursuant to this Chapter.
Provided the Vice-Chairman approves an application for a cigarette distributor
license, such license shall be issued upon payment of the license fee required to be
paid by Section 53-0409 and the filing of a bond in the amount determined by the
Vice-Chairman in accordance with Section 53-05-01.
Bonding is not a condition for licensor of a Tribal member as a cigarette diseibutor;
however, the Vice-Chairman may require the filing of a bond upon a showing of
delinquency in the payment of any Tribal taxes, as authorized by 53- 05-01.
i istri i $ bacco
; cigarette distributor who knowingly sells or distributes cigarettes OF tobat
reduc to any person within the jurisdiction of the Tribe, other than to 4 Tribal
oorned tobacco outlet or continues to make unauthorized sales after both oral and
Adopted by SWO Resolution 04-134 os Decenrber 13, 2004.
53-05-09
CHAPTER 53: BUSINESS LICENSE ORDINANCE PAGE ||
wiitten notice to cease has been communicated by the Vice-Chairman, is guilty of
Class One (1) Misdemcanor and subject to incarceration up to one (1) year, ot liable
for a civil penalty in an amount not to exceed $5,000.00.
Expiration and Renewal of License
Licenses will be renewed annually, if the Vice-Chairman determines that the licensee
is fit to continue under such license, bas complied with all Sisseton-Wahpeton Oyate
Codes of Law, and has made payment of the license renewal fee. If the license is not
renewed on or before the due date, the license shall lapse. In addition to renewal fees
required for the reinstatement of the lapsed license, the Tax Office shall impose a
delayed renewal penalty that shall be paid if a license has lapsed for more chan sixty
(60) days prior to renewal, in the amount of $25.00.
TITLE VI - VICE-CHAIRMAN'S ISSUANCE OF LICENSES; VIOLATIONS
53-06-01
53-06-02
Assignment or Transfer of License
Any license so issued by the Tax Office is not assignable, except under the
following circumstances, and is valid only for the person in whose name the license
is issued:
A. In the case of death, bankruptcy, receivership, or incompetency of the licensee,
or if for any other reason whatsoever the business of the licensee shall devolve
upon another by opetation of law, the Vice-Chairman may in his/her discretion
extend and transfer the license for the remainder of the calendar year, to the
executor, adminiscrator, trustee, receiver, or person upon whom the license has
devolved; '
B. Any executor, administrator, mustee, receiver or other person upon whom the
licensed business shall devolve, shall, upon application to the Vice- Chairman, be
entitled to an assignment or transfer of such license for the remainder of the
year, upon payment of a transfer fee of $10.00.
Disciplinary Powers of the Vice-Chairman
The Vice-Chairman may take the following disciplinary actions, singly or in
combination, provided that the-Vice-Chairman seeks consistency in the application
of disciplinary sanctions:
A. Permanently revoke a license;
B. Suspend a license for a specified period;
C. Censure or reprimand a license;
D. Impose limitations or conditions on the business practice of a licensee; and
Adopted by SWO Resolution 04-134 on December 13, 2604.
53-06-03
53-06-04
53-06-05
53-06-06
CRAPTER 53: BUSINESS LICENSE ORDINANCE PAGE \2
E. Summarily suspend a licensee from the conduct of the business pending review
of a civil action filed by the Vice-Chairman in the Tribal Court to enjoin in the
introduction of goods or rendering of services, which the Vice-Chairman
believes pose a clear and immediate danger to the health and safety of persons
within the jurisdiction of the Tbe.
The Vice-Chairman may reinstate a suspended or revoked license if, after a hearing,
the Vice-Chairman finds that the applicant is able to practice the business with skill
and safety, and has satisfied all tax obligations imposed by the Tax Code, Chapter 67.
Abatement of Proceedings
No disciplinary proceeding or action by the Vice-Chairman is barred or abated by
the expiration, transter, surrender, renewal continuance, or extension of any license
issued pursuant to the provisions of this Chapter.
Suspension or Revocation of License
The Vice-Chairman shall have the authority to issue an order directing a licensee to
stop any act or practice in violation of this Chapter.
Provided that the licensee is given notice of suspension or revocation and an
opportunity to respond, the Vice-Chairman may suspend or revoke any license
issued to any person under this Chapter who:
A. Charges excessive rates or otherwise indulges in practices decimental to the
economic welfare of the Tribe, Tribal members, or any other person within the
jurisdiction of the Tribe;
@
Violates any applicable Tribal federal or state laws;
Does not have a right to the use of the land on which the business is conducted;
Ceases to act in the capacity for which the license was issued; or
moO OO
Has been convicted of a crime in any jurisdiction or made any mistepresentation
on the license application; or
Notice of Suspension or Revocation of License
The Vice-Chairman, before suspending or revoking a license pursuant to this
Chapter, shall give ren (10) days written notice to the licensee personally, or by mail
addressed to his/her last known address. The notice shall recite in detail the reasons
and basis for che suspension or revocation, and specify the date, time, and place for a
hearing before the Vice-Chairman.
Hearing of Suspension or Revocation of license
The Vice-Chairman shall afford any person who has received notice of hearing to
suspend or revoke any license, the right to be heard in person or by attorney and to
offer evidence pertinent to the subject of the hearing.
Adopted by SWO Resolution 04-134 on December 13, 2004.
3-06-07
§3-06-08
53-06-09
CrtAPTER 53: BUSINESS LICENSE ORDINANCE PAGE 13
After all parties have been given the opportunity of presenting all the evidence in
support of the issues, the Vice-Chairman shall take the matter under advisement and
reach a determination on the record and facts disclosed. Upon reaching a
determination, the Vice-Chairman shall noufy the licensee or other party in interest
or his/her representative by mail of the determination made.
No person whose license has been suspended or revoked is permitted to engage in
business within che jurisdiction of the Tribe in any manner or form during the period
of such suspension or revocation.
Appeal of Order of Suspension or Revocation of License
Any person aggrieved by the final decision of the Vice-Chairman suspending or
revoking the license of such person may appeal within thirty (30) days of the date of
the decision to the Tribal Court through petition to the Tribal Court.
Civil Action
The Vice.-Chairman is hereby authorized to bring any necessary civil action in Tribal
Court to enjoin the acts or practices of any person in violation of this Chapter,
including the introduction of any goods or rendering of services, which pose a cleat
and immediate danger to the health and safety of persons within the jutisdiction of
the Tribe.
Whenever the authority of a person to do business within the jurisdiction has been
revoked by the Vice-Chairman, the remedies of removal from the jusisdiction of the
Tribe and forfeiture of goods are also available.
Violations; Civil Penalties
The Vice-Chairman may assess a civil penalty against any license if there is probable
cause to believe the licensee is violating or has violated any provision of 53-06-04
which are grounds for suspension or revocation of licensor. Each violation shall be a
separate offense. The Vice-Chairman may assess a civil penalty of not more than
$5,000.00 for each such violation of any provision of this section, unless otherwise
provided.
The Vice-Chairman shall give due consideration to the appropriateness of the civil
penalty with respect to the size of the business of the licensee involved, the gravity of
the violation, the licensee's good faith, and the history of previous violations.
The Vice-Chairman may, in his/her discretion, compromise, modify, or remit, with
or without conditions, any civil penalty assessed for a violation of any provision of
this Chapter.
The Vice-Chaisman's assessment imposing 2 civil penalty shall be final and
conclusive, unless the person against whom such assessment issued files a petition
for judicial review in the Tribal Court. The Tubal Court may enjoin, set aside,
suspend (in whole or in part), or determine the validity of the Vice-Chairman's
assessment. Such a petition may only be filed in Tribal Court within thirty (30) days
of the date the assessment was issued by the Vice-Chairman.
Adopted by SWO Resolution 04-134 on December 13, 2004.
CiciPTER $3: BUSINESS LICENSE ORDINANCE PAGE \4
If any person fails to pay a civil penalty under final order of the Vice-Chairman, the
@ Vice-Chairman may institute a civil action to recover the amount assessed in the
Tribal Court. If the form of citation includes the essential facts constituting the
offense charged and signed by the Vice-Chairman, then the citation when filed with
the Tribal Court is considered to be a lawful complaint in an action of debt. In such
collection action the validity and appropriateness of the Vice-Chairman's order
imposing the civil penalty shall not be subject to judicial review.
Adopted by SWO Resolution 04-134 on December 13, 2004.
Sisseton - Wahpeton Sioux Tribe
LAKE TRAVERSE RESERVATION _
OLD AGENCY BOX 509 « AGENCY VILLAGE. SOUTH DAKOTA 57262-0509
PHONE: (605) 698-3911
TRIBAL COUNCIL RESOLUTION NO. SWO-04-134
SWO Business License Ordinance Amendments of 2004
WHEREAS, The Sisseton-Wahpeton Oyate of the Lake Traverse Reservation is
“organized under a Constitution and By-laws adopted by the members of
the Tribe on August 1-2, 1986 and approved by the Commissioner of
Indian Affairs on August 25, 1966; and,
WHEREAS, The said Constitution and By-laws mandates at ARTICLE II, Section 1, that
the Tribal Council shall have the power: (a) to represent the Tribe in ail
‘ negotiations with Federal, State and local governments; (d) to make rules
governing the relationship of the members of the Tribe, to Tribal property,
and to one another as members of the Tribe: (f) to deposit Tribal funds to
the credit of the Tribe; (g) to take actions by ordinance, resolution or
; otherwise which are reasonably..necessary to carry into effect the
foregoing purposes; (h) to promote public health, education, charity, and
@ such other services as may contribute to the social advancement of the
. members of the Tribe; and, (i) to adopt resolutions regulating the
procedures of the Tribal Council, its officials and committees in the
conduct of Tribal Affairs; and,
WHEREAS, The Tribe has an interest in maintaining the sovereignty of the Lake
; Traverse Reservation through implementation of its own laws governing the
licensing of businesses which operate within the boundaries of the Lake
Traverse Reservation; and,
WHEREAS, In 1986, the Tribal Council enacted the Sisseton-Wahpeton Sioux Tribe
Business License Ordinance as Chapter 53 of the Sisseton-Wahpeton
Tribal Codes of Law, which has been amended from time to time; and,
WHEREAS, The Tribal Council has been advised by the Sisseton-Wahpeton Oyate
Tax Commission that it is necessary to amend and revise the Sisseton-
Wahpeton Oyate Business License Ordinance and has determined to do
the same; and,
WHEREAS, The Sisseton-Wahpeton Oyate Tax Commission, established by the Tribe
through adoption of Chapter 67 Tax Code, made recommendations
@ pertaining to amendments and other revisions to the Tribal Council in
consultation with the Sissetor-Wahpeton Oyate Leal Counsel: and,
BiG COULEE + BUFFALO LAKE + ENEMY SWIM « HEIPA/VEBLEN « LAKE TRAVERSE « LONG HOLLOW -OLD AGENCY
TRIBAL COUNCIL RESOLUTION NO. SWO-04-134
SWO Business License Ordinance Amendments of 2004
Page 2
WHEREAS, The Sisseton-Wahpeton Oyate Tax Commission previously submitted the
proposed amendments to seven districts for review and comment pursuant
to the Legislative Policy; and, ; ;
WHEREAS, The Sisseton-Wahpeton Oyate Tax Commission recommends the attached
Chapter 53, with the proposed amendments be adopted by the Tribal
Council.
NOW THEREFORE BE IT RESOLVED, That the Tribal Council of the Sisseton-
Wahpeton Oyate hereby authorizes, adopts and enacts the attached
amendments to the Sisseton-Wahpeton Business License Ordinance; and,
FINALLY BE IT RESOLVED, The amendments to the Business License Ordinance shall
become in full force and effect on January 1, 2005.
CERTIFICATION
We, the undersigned duly elected Chairman and Secretary of the
Sisseton-Wahpeton Oyate Tribal Council, do hereby certify that the above resolution
was duly adopted by the Sisseton-Wahpeton Oyate Tribal Council, which is composed
of 10 members (representing a total of 15 Tribal Council weighted votes and two
Executive Committee votes for a total of 17 votes) of whom 9 constituting a quorum,
were present at a Tribal Council meeting, duly noticed, called, convened and held at the
TiWakan Tio Tipi, Agency. Village, South Dakota, December 13, 2004 by a vote of 10
for, 0 opposed, OQ abstained, 2 absent from vote, 1 not voting, and that said Resolution
has not been rescinded or amended in any way. :
Dated this 14" day of December, 2004.
J“JC" Grawford, Tribal Chairman
etoi-Wahpeton Oyate
ATTEST:
KS Peters, Tribal ae
Sisseton-Wahpeton Oyate
amc SWEL
: TERO psc £154q Logadnd
Tribal Code ~ 24002 Oec © 1. Lour
Tax Office CED
ted
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