CHAPTER 13-1
LEGISLATIVE FINDINGS AND PURPOSE
13-1-1 Sovereign Power to Regulate and License Business and Impose License Fees.
The Prairie Band Potawatomi Nation is a sovereign government with the power to regulate business conducted within the Nation’s Jurisdiction by all persons, Indian and non-Indian, and to impose license fees. Business regulatory power is an aspect of retained sovereignty of the Nation, except where it has been limited or withdrawn by applicable laws of the United States. The Nation is a federally-recognized Indian tribe governed pursuant to the Constitution and Bylaws approved by the Commissioner of Indian Affairs. Pursuant to the Constitution and Bylaws, the Prairie Band of Potawatomi Tribal Council is the governing body of the Nation.
(Amended by PBP TC No. 2025-290, September 11, 2025)
13-1-2 Purpose.
The Tribal Council finds that the regulation of persons engaged in trade and business within the Nation’s Jurisdiction is necessary to safeguard and promote the peace, safety, morals, and general welfare of the Nation. Accordingly, the Tribal Council declares that the Nation has the sole and exclusive authority to grant, deny, or withdraw the privilege of doing business within the Nation’s Jurisdiction, except where such authority is limited or withdrawn from the Nation by the applicable laws of the United States.
(Amended by PBP TC No. 2025-290, September 11, 2025)
13-1-3 Definitions.
The following terms, whenever used or referred to in this Title, shall have the following meanings, unless a different meaning clearly appears from the context:
(A) Agent. “Agent” means the individual or individuals designated by any licensee to receive and accept service to process.
(B) Applicant. “Applicant” means any person who submits an application to the Nation for a business license or renewal of a business license.
(C) Business. “Business” means any regular or temporary business activity engaged in by any person for the purpose of conducting a trade, profession or commercial activity involving the sale of any property or services; provided, however, that an isolated sale of property or services shall not be considered to be business under this Title.
(D) Company. “Company” means any person or group of people engaged in business.
(E) District Court. “District Court” means the Prairie Band Potawatomi District Court.
(F) Governmental Entity. “Governmental entity” means the United States, the Nation, a state or any political subdivision, agency, or any subordinate organization of the foregoing, including economic enterprises or other entities owned or controlled by the Nation.
(G) Licensee. “Licensee” means any person who is granted a business license by the Nation.
(H) Nation. “Nation” means the Prairie Band Potawatomi Nation.
(I) Nation’s Jurisdiction. “Nation’s Jurisdiction” means the land listed in Article I (Territory and Jurisdiction) of the Constitution of the Prairie Band Potawatomi Nation.
(J) Notice. “Notice” means actual notice by hand delivery or by certified mail. For time computations as provided for in this Title, which are to begin upon notice, such notice shall be at delivery, except that where delivery is not possible after three consecutive postal days due to the inaction of the agent, notice shall be at the time of the first attempted delivery. Upon return of the forms of notice to the Tax Commission, the forms shall be mailed by regular mail.
(K) Sale. “Sale” means all sales, barters, trades, exchanges, or other transfers of ownership for value of property from a retailer to any person.
(L) Service of Process. “Service of process” means the delivery of show-cause orders, cease and desist orders, summonses, complaints and other documents of the Tax Commission or District Court.
(M) Services. “Services” means the performance of labor for the benefit of another for consideration. It excludes labor performed by an employee for the benefit of his or her employer.
(N) Tax Commission. “Tax Commission” means the Potawatomi Tax Commission as established in Title 10 of this Potawatomi Law and Order Code.
(O) Tribal Council. “Tribal Council” means the governing body of the Prairie Band Potawatomi Nation.
(P) Tribal Law. “Tribal Law” or “Tribal Laws” means the Constitution of the Prairie Band Potawatomi Nation, the Potawatomi Law and Order Code, as amended hereafter, the Nation’s Common Law, and any other law made applicable by order of the District Court.
(Q) Tribal Member or Member of the Tribe. “Tribal Member” or “member of the Tribe” means an enrolled member of the Nation. A corporation, partnership or other entity shall be considered a Tribal Member, for purposes of this Chapter only, if 51% or more of the entity is owned by Tribal Members.
(Amended by PBP TC No. 2025-290, September 11, 2025)
13-1-4 Administration of Title.
Because of the close interrelationship between the Nation’s inherent sovereign powers to regulate the conduct of business within the Nation’s Jurisdiction and the Nation’s inherent sover-eign powers to collect taxes from persons engaged in business within the Nation’s Jurisdiction, the Tax Commission is hereby delegated the responsibility to administer the provisions of this Title. The Tax Commission is hereby delegated all powers which are specifically provided for in this Title, or impliedly necessary to implement its provisions.
(Amended by PBP TC No. 2025-290, September 11, 2025)
13-1-5 Administrative Action.
The Tax Commission shall promulgate regulations pursuant to this Title, formulate revisions of or amendments to this Title, and take other actions necessary for the administration of the provisions of this Title.
(Amended by PBP TC No. 2025-290, September 11, 2025)
13-1-6 Agreements with Federal, State and Local Governments.
In the event it is deemed appropriate to effectuate the provisions of this Title, the Tribal Council shall negotiate Memoranda of Agreement concerning this Title with federal, state and local governments.
(Amended by PBP TC No. 2025-290, September 11, 2025)