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Law and Order Code of the Fort McDowell Yavapai Community, Arizona

Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]

CHAPTER 2 - BUSINESS CODE



[Historical Note: Chapter two is derived from Resolution No.98-29 Enacted 4-27-98]


Art. I. Business License, §§ 2-1 - 2-99

Art. II. Employer/Employee Relations, §§ 2-99 -- 2-199

Art. III. Reserved

Art. IV. Reserved


Sec. 2-1. BUSINESS LICENSE


All persons, associations, companies, firms or corporations conducting or engaged in any business or trade within the Fort McDowell Yavapai Indian Community must obtain a license from the Tribe and pay a license fee as provided in Section 2-7. The license shall authorize the licensee to transact the business or trade described in the license for a particular time period and within a particular area within the exterior boundaries of the Tribe as described in the license. Separate licenses shall be obtained for each branch establishment or each separate location on the Reservation. However, a particular project with multiple sites (e.g. housing project) may constitute a single location.


Sec. 2-2. APPLICATION AND ISSUANCE
  1. An Application for a business license shall be submitted in writing to the Land Use and Lease Manager or other individual authorized by the Tribal Council of the Tribe on a form approved by the Fort McDowell Yavapai Tribal Council. The application shall include, among other things, the following information:

    1. A description of the business or trade; and

    2. The name and address of the owner or owners of the business or trade, including proof of identification; and

    3. The trade name, if any, to.be used by the business or trade; and

    4. The location at which the business or trade will be conducted; and

    5. The time period in which the business will be conducted.

  2. A check, money order, or cash, as provided for in the Fee Schedule as described in Section 2-7 of this Article, payable to the Fort McDowell Yavapai Indian Community shall accompany each application.

  3. Upon approval of the application by the Land Use and Lease Manager and payment of the prescribed fee, a business license shall be issued to the applicant on a form approved by the Tribal Council. The business license shall be signed by the Land Use and Lease Manager of the Tribe or his authorized representative, and the General Manager of the Tribe, or his authorized representative. The license shall specifically describe, among other things, (1) the business or trade to be conducted, (2) the name of the owner or owners of the business or trade, (3) the trade name, if any, to be used by the business or trade, (4) the time period the business will be conducted, and (5) the location at which the business or trade will be conducted.

  4. Upon receipt of each application, the Land Use and Lease Manager shall conduct such investigation of the applicant's business and moral character as he deems necessary for the protection of the public good. If as a result of such investigation, the applicant's character or business responsibility is found to be unsatisfactory, the Land Use and Lease Manager shall notify the applicant that his application is disapproved and that no license will be issued. If the character and business responsibility of the applicant are found to be satisfactory, the Land Use and Lease Manager shall endorse and deliver the license to the applicant after obtaining all required signatures and approvals. If a license is denied pursuant to this subsection, the applicant shall be entitled to an appeal under the same procedures set forth in Section 2-9(B), Revocation of License.

  5. No business license issued pursuant to this chapter is transferable or assignable.


Sec. 2-3. ESTIMATE OF BUSINESS RECEIPTS

All applicants for a business license or renewal of a business license shall submit an estimate of the probable amount of gross receipts which he will transact during each of the next succeeding three months, and during the term of the license. The statement shall be based on the amount of business transacted by such person in the preceding months, if any.


Sec. 2-4. TERM OF LICENSE

  1. Short Term Business License: A short term business license shall be issued for a period of less than six months, such period to be specifically set forth on the license.

  2. Annual Business License: An annual business license or renewal thereof shall be issued for a period of one year. Businesses within the confines of a Tribally Owned Industrial Park, Retail Development, or other such multi-tenant Tribal enterprise, or any business chartered by the Tribe, and such other business as specifically authorized by the Tribal Council may be issued Annual Business Licenses. If appropriate, the licenses may contain automatic renewal provisions that provide the license will renew automatically unless the Tribe provides notice of cancellation. Licenses of longer duration must be approved by the Tribal Council.

  3. Perpetual Business License: Non-profit charitable, religious or educational organizations may be issued perpetual business licenses. These perpetual licenses shall be approved by the Tribal Council and are subject to the termination provisions contained in Section 2-9 of this Article.


Sec. 2-5. TRANSACTING BUSINESS WITHOUT A LICENSE OR TRANSACTING BUSINESS IN VIOLATION OF THE TERMS OF THE LICENSE

  1. Any person, association, company, firm or corporation conducting or engaging in any business within the Reservation without a valid business license shall be notified of their liability for the business license fee and any applicable taxes by either the Land Use and Lease Department or the Tribal Police. After receiving such notification, the party shall not conduct any business within the jurisdiction or Territory of the Tribe. If a party continues to conduct business after the notification or conducts business in violation of his license, the party's personal property used to conduct said business, along with any goods of the party, shall be subject to forfeiture and the party is subject to removal from the Territory of the Tribe. The party may also be liable for any or all of the sanctions imposed by Chapter 7.5, CIVIL TRESPASS and any other applicable codes or ordinances. Tribal law enforcement officials are authorized to enforce this section, including removal and forfeiture, at any time after the party receives notice of noncompliance under this section and continues to violate any provision of this Article.

  2. If a party enters into a Contract or Agreement without a valid business license when that party is required to possess a license under this Article, the Contract or Agreement entered into shall be considered voidable by the other party to the Contract or Agreement.


Sec. 2-6. COMPLYING WITH LAWS AND REGULATIONS


Any person or business operating within the boundaries of the Tribe shall comply with all laws and regulations of the Tribe and any applicable Federal laws and regulations. If a person, association, company, firm or corporation conducts any business within the Tribe, with or without a Tribal license, permit or lease, the party shall be deemed to consent to the jurisdiction of the Courts of the Fort McDowell Yavapai Indian Community unless the parties expressly, knowingly and mutually agree to another jurisdiction in an Agreement (e.g., boiler plate language in a consumer contract would not qualify as an expressed and mutual agreement).


Sec. 2-7. LICENSE FEE

  1. Except as provided in Subsection B, every person or business issued or reissued a business license shall pay a license fee as may be set from time to time by the Tribal Council in a Fee Schedule. The Fee Schedule shall set forth the applicable daily, weekly, monthly, and yearly rates for designated types of businesses. If a party requests a license for a business not covered under the Fee Schedule, the license and the amount of the license must be approved by the Tribal Council.

  2. Exceptions

    1. The business license fee for members of the Tribe and for businesses owned and operated by members of the Tribe shall be waived. To be exempt, a Tribal member operated business must be at least 51% owned by a member or members. However, this waiver shall not except said member or business of member from complying with the remainder of this Article.

    2. Any business duly licensed under the tribe's gaming ordinance by the Tribal Gaming Office shall not be required to obtain a business license as provided in this Article and shall not be required to pay the fees set out in the Fee Schedule.

    3. Any business conducting business pursuant to a valid permit or lease shall not be required to obtain a business license as provided in this Article and shall not be required to pay the fees set out in the Fee Schedule, provided however, that the business activities they are conducting conform to the terms of the permit or lease.

    4. Any other exceptions approved by a duly authorized resolution of the Tribal Council.

Sec. 2-8. REGULATORY LICENSE


If any other ordinance or law of the Tribe requires a business licensed under this ordinance to obtain a license or permit for regulatory purposes, no license under this ordinance shall be issued until the business has obtained such other required license or permit.


Sec. 2-9. REVOCATION OF LICENSE
  1. Licenses issued under the provisions of this chapter may be revoked after twenty-four (24) hours notice, for any of the following causes:

    1. Fraud, misrepresentation or incorrect statement contained in the application for license; or

    2. Fraud, misrepresentation or incorrect statement made in the course of carrying on his business; or

    3. Conviction of any crime; or

    4. Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a danger to the health, safety or general welfare of the public.

  2. Notice of Termination under subsection A shall be given by the Land Use and Lease Manager, in writing, setting forth the specific grounds of the complaint and the opportunity for a hearing before the Planning Advisory Board of the Tribe. Such notice shall be mailed to the licensee at his last known address or shall be delivered by a Tribal police officer. Notice by mail to the licensee's last known address shall be deemed received not more than three days following mailing the notice. After receiving a notice of termination, a licensee may request a hearing before the Fort McDowell Planning Board by submitting a request for hearing, in writing, within five (5) days after receiving the notice of termination. If a licensee requests a hearing, the hearing shall be held at the next regularly scheduled Planning Board meeting following the request. The decision of the Planning Board shall be final.

  3. Any License issued under the provisions of this Chapter may be revoked and/or terminated by the Tribe, at its convenience and for any reason, by providing the licensee with thirty (30) days written notice of termination. No hearing shall be available in the event of termination for convenience.

Sec. 2-10. EXCEPTIONS AND WAIVERS


The Tribal Council may grant exceptions and waivers to the requirements of this Article. Any such exception or waiver must be specifically stated in a duly authorized Tribal Council resolution.

(Sec. 2-11 - 2-99. Reserved.)




Ft. McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630


Resolution No. Ft. McD 98-29

WHEREAS, the Tribal Council of the Fort McDowell Mohave-Apache Community desires to establish a Business Code for the Community; and

WHEREAS
, a Business Code will help set out the legal relationships, responsibilities and duties of persons conducting business on the reservation; and

WHEREAS
, at this time the Business Code includes an Article for comprehensive procedures for Licensing of businesses on the Reservation; and

WHEREAS
, future Articles of the Business Code may include such Articles as the Community's version of the Uniform Commercial Code; and

NOW, THEREFORE, BE IT RESOLVED
that the Tribal Council hereby enacts the following Business Code Ordinance to be codified as Chapter 2, Business Code, of the Law and Order Code which includes Article I, Business License.

 

CERTIFICATION

Pursuant to the authority contained in Article IV, Sections 1(a) and (i) and Sections 2(d) and (h) of the Constitution and Bylaws of the Fort McDowell Mohave-Apache Indian Community, ratified by the Tribe on October 3, 1936, and approved by the Secretary of the Interior of November 24, 1936, the foregoing Resolution No. Ft. McD 98-29 was adopted on this 27th day of April, 1998, at a Community Council Meeting held at the Fort McDowell Mohave-Apache Indian Community, at which a quorum of 5 members were present and 0 were absent by a vote of 4 for and 0 opposed and 0 abstained.

Clinton M. Pattea
President

Rozel Duenas

Secretary Tribal Council

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