An ORDINANCE to levy license fees upon members and nonmembers doing business within the Lake Traverse Indian Reservation 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 (c).
All areas that are part of the tribes dependent Indian community, covered by 18 U. S. C. (b).
53-01-01 DEFINITION OF TERMS
The following words, terms and phrases when used in this Ordinance, have the meanings, ascribed to them in this section:
53-01-02 Business - includes any activity engaged in by a person, firm, company, or cause to be engaged in with the object of gain, benefit, or advantage, either direct or indirect;
53-01-03 Business License - means any license required
Sisseton-Wahpeton Tribal Council as a precondition in operating any business;
53-01-04 Council - means the duly elected Council members of
Sisseton-Wahpeton Sioux Tribe;
53-01-05 Member - includes any person who is a enrolled member
Sisseton-Wahpeton Sioux Tribe.
53-01-06 Non-member - means any person other than a member;
53-01-07 Person - includes any individual, firm, partnership,
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 number;
53-01-08 Revenue Department - means the Revenue Department
Sisseton-Wahpeton Sioux Tribe;
53-01-09 Sisseton-Wahpeton Sioux Tribe - means the Tribe occupying
and situated within the original exterior boundaries of the Lake Traverse Indian Reservation. For purposes of this ordinance the Tribe shall be deemed to be occupying all lands within such boundaries.
53-01-10 Treasurer - means the elected Treasurer of the Sisseton-Wahpeton Sioux Tribe or any duly authorized and appointed assistant, deputies or agents of said Treasurer charged with the administration or enforcement of this ordinance;
53-01-11 Within the Jurisdiction of the Tribe - shall mean and include all areas within the original exterior boundaries of the Lake Traverse Indian Reservation 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 (c) All areas that are part of the tribes dependent Indian community covered by 18 U.S.C. 1151 (b).
53-02-O1 GRANTING OF LICENSES
Any person who wishes to engage in, pursue or transact any --business shall make application for the business license and shall present the application to the Sisseton-Wahpeton Sioux Tribal Revenue Department for review. Any application approved by the Revenue Department shall be submitted by said Department to the Treasurer for official endorsement and issuance of the appropriate license.
53-03-01 PAYMENT OF LICENSE FEES
Any person authorized to operate a business within the jurisdiction of the tribe, shall, by virtue of this Ordinance, pay the Treasurer in an annual payment due on January 15 of each year. The full fee shall be charged for any license for any part of such period. On the following page, the Schedule of Permits illustrates the prescribed fees.
SCHEDULE OF PERMITS
Major Business Classifications Member Nonmember
Amusement & Recreation Establishments $50.00 $100.00
Apparel & Recreation Establishments 50.00 100.00
Automotive Dealers & Fuel Services 50.00 100.00
Automotive Repair, Services & Garages 50.00 100.00
Banks, Savings & Loans 50.00 100.00
Building Materials & Supply 50.00 100.00
Communication Services 50.00 100.00
Construction & Contractors 50.00 100.00
Eating & Drinking Places 50.00 100.00
Food Stores 50.00 100.00
Furniture, Home Furnishing & Equip 50.00 100.00
General Merchandise Stores 50.00 100.00
Hotels, Rooming Houses, Camping 50.00 100.00
Investments & Financial Consultants 50.00 100.00
Insurance Services 50.00 100.00
Miscellaneous Retail 50.00 100.00
Seasonal 50.00 100.00
Personal Services 50.00 100.00
Professional Services 50.00 100.00
Real Estate 50.00 100.00
Repair Stores 50.00 100.00
Vendors & Solicitors 50.00 100.00
For operating lemonade-stands, concessions stands, such as at rodeos, 4th July celebrations and other similar events, a fee of not less than $5.00, according to the nature of the concession, or a percentage of net earnings may be levied by the Treasurer as determined by the Sisseton-Wahpeton Sioux Tribal Council or its authorized representatives; provided, that no charge shall be imposed for a license for any church, denomination in connection with rodeos, 4th of July celebrations and other similar events, concessions may be operated upon a percentage basis; provided that no charge shall be imposed for a license or permit for any church, denomination, lodge, or other organizations engaged in raising funds for charitable and religious purposes; nor shall any fee be charged any school, athletic or education organization, who may charge fees for football, baseball, basketball games, social dances, where such receipts from such activities do not accrue to the personal benefit of any individual or corporation or group other than religious, educational, or social institutional activities; but, in the event one of the District councils in connection with rodeos, 4th of July celebrations, etc., it may be required by the Sisseton-Wahpeton Sioux Tribal Council or its authorized representatives to pay to the Treasurer an amount not to exceed ten percent (l0%) of its net earnings.
53-04-01 INDIAN PREFERENCE PROVISION
The Sisseton-Wahpeton Sioux Tribe wants to encourage tribal members to enter into business activities, which is part of the tribal policy of self-determination. Therefore, the Sisseton-Wahpeton Tribe is allowing a lower business license fee assessment for tribal members. These tribal members will have to verify their tribal membership during the application process.
53-05-01 LICENSE REQUIRED
The Sisseton-Wahpeton Sioux tribe's Business License Ordinance; Chapter 53; sections 53-02-01 and 53-03-01 requires every contractor, transacting business with the Sisseton-Wahpeton Sioux Tribe, any political subdivision of the tribe; or any tribal program or agency, must secure a tribal business license and pay the statutory fee for such license. NO WORK shall commence under this contract unless the contractor has secured a tribal business license, and has shown valid proof of such license to the manager or director responsible for said contract of the tribal agency or program, that the contractor has complied with the tribal business license ordinance.
53-06-01 TERMINATION OF LICENSE
Any license shall be void after the thirty-first (31) of December next succeeding its issue.
53-07-01 CIVIL PENALTY Any person who is subject to this Ordinance who fails to pay the license fee when due or who attempts to evade or defeat the fee imposed by this Ordinance shall be subject to a penalty of ten percent (10%) of the annual license fee due for each month the business license fee is not paid. Any person who engages in or transacts; any business without the license required by this Ordinance shall not be allowed to engage in or transact any business with the Sisseton-Wahpeton Sioux Tribe, any political subdivision of the Tribe, any tribal program or agency. The Tribe reserves the right to take civil action to enforce compliance. Such action shall be brought in accordance with Tribal law.
53-07-02 CRIMINAL PENALTY Any person violating the provisions of this Ordinance shall be guilty of an offense and, upon conviction, shall be subject to a fine not to exceed five hundred dollars ($500.00) , or imprisonment not to exceed six (6) months, or both such fine and imprisonment, at the discretion of the Court.
53-08-01 ENFORCEMENT AND ADMINISTRATION RESPONSIBILITY
The Revenue Department of the Sisseton-Wahpeton Sioux Tribe is hereby charged with the enforcement and administration of the provisions of this Ordinance.
53-09-01 OVERPAYMENT OF LICENSE FEE
If it shall appear subsequent to the receipt of license fee penalty has been paid that was not due under the provisions of this Ordinance, whether as a mistake of fact or law, then such amount shall be credited against any license fees due, or to become due, under this Ordinance to the person who made the overpayment, or such amount shall be refunded to such person by the Sisseton-Wahpeton Sioux Tribal Treasurer, provided that a claim for refund was filed with the Revenue Department within one (1) year of the collection, or the overpayment of such claim shall be forever barred.
53-10-01 DISPOSITION OF FUNDS
License Fee payable under this Ordinance shall be remitted by the Revenue Department to the Treasurer with a schedule setting forth the name and residence of each applicant the type of license issued, with the amount paid and then placed by the Treasurer into the Revenue Tax account. The budget expending tax revenue shall be approved by the Sisseton-Wahpeton Sioux Tribal Council.
53-11-01 COMPLYING WITH LAWS AND REGULATIONS
Any person properly licensed and operating a business on or within the jurisdiction of the Tribe shall comply with all applicable tribal and federal laws and regulations; provided that any person proved, at a hearing conducted by the Treasurer, to be charged excessive rates or otherwise indulging in practices detrimental to the economic welfare of the Tribe or its members shall have their license revoked.
The provisions of this Ordinance shall be considered amended when such amendments are made by the Sisseton-Wahpeton Sioux Tribal Council.
If any clause, sentence, paragraph, section, or part of this code shall, for any reason be adjudicated by any Court of competent jurisdiction, to be invalid or unconstitutional, such judgement shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section, or part thereof directly involved in the controversy in which the judgement shall have been rendered.