CHAPTER 13-2
BUSINESS LICENSES

13-2-1 Applicability.

This Title shall be applicable to all person engaged in business within the exterior boundaries of the Nation’s Jurisdiction. No person shall engage in business within the Nation’s Jurisdiction without a valid business license issued by the Tax Commission, except as provided in Section 13-2-6.

(Amended by PBP TC No. 2025-290, September 11, 2025)

13-2-2 Application and Issuance.

An application for a business license shall be submitted in writing to the Tax Commission on forms which it shall provide. Any person engaged in business at the time this Title is enacted shall have 30 days in which to obtain and submit to the Tax Commission an application for a license; provided, that a renewal application for an annual business license shall be made 30 days prior to expiration of such license. Each application shall include:

(A)    A complete description of the type of business that will be conducted with the Nation’s Jurisdiction;

(B)    The name and address of the owner or owners of the business;

(C)    The trade name, if any, to be used by the company;

(D)    The physical locations within the Nation’s Jurisdiction that the business will be conducted;

(E)    A sworn statement that the applicant will comply with all Tribal Laws applicable to the applicant’s business;

(F)    A statement that the applicant consents to District Court jurisdiction and service of process in matters arising from the conduct of business;

(G)    The name, address and signature of the agent who will accept service of process on behalf of the company;

(H)    Proof of good standing from the jurisdiction in which the applicant’s business was formed and any other jurisdictions in which the applicant does business;

(I)    Payment of any applicable administrative fee and the license fee set by the Tax Commission.

The Tax Commission shall notify the applicant by regular mail within 14 days after receipt of the application whether a license shall be issued. If a license is issued, the licensee shall post the license in a conspicuous manner at its primary business location.

(Amended by PBP TC No. 2025-290, September 11, 2025)

13-2-3 License and Administrative Fees.

The license fee and any administrative fees shall be set by the Tax Commission.

(Amended by PBP TC No. 2025-290, September 11, 2025)

13-2-4 Term of License.

The term of each tribal business license shall be as follows:

(A)    Annual Business License. An annual business license shall be valid for a period of one calendar year, and a renewal of such license shall be valid for a period of one year from the expiration of the previous license.

(B)    Tribal Member License. A Tribal Member license shall be valid for a period of three calendar years, and a renewal of such license shall be valid for a period of three years from the expiration of the previous license.

(Formerly 13-2-3, amended by PBP TC No. 2025-290, September 11, 2025)

13-2-5 Denial of License and Appeal.

If it is determined that:

(A)    the applicant has materially misrepresented facts contained in the application,

(B)    the applicant presently is in non-compliance with Tribal Law,

(C)    the applicant is not in good standing in another jurisdiction in which it does business,

(D)    Failure to pay the licensing fee, or

(E)    the business will threaten the peace, safety, morals, or general welfare of the Nation.

The Tax Commission shall conduct such investigation of the applicant’s or owner’s business reputation and moral character as it deems necessary for the protection of the public good. The Tax Commission shall issue an order of denial to the applicant by e-mail and certified mail, return receipt requested, within 14 days after receipt of the application. The order of denial shall set forth the reasons for such denial and shall state that the applicant has 30 days from receipt of the order of denial to file a notice of appeal with the District Court.

(Formerly 13-2-4, amended by PBP TC No. 2025-290, September 11, 2025)

13-2-6 Exemptions.

(A)    The following shall not be required to obtain a license under this title:

(1)    Governmental entities;

(2)    Tribal Members engaged in the creation or sale of traditional Indian art or handicrafts;

(3)    Tribal Members engaged in the traditional practice of medicine; and

(4)    Off-duty community safety staff employed for security purposes;

(5)    Employees of any person.

(B)    Nothing with respect to these exemptions shall diminish the Nation’s ability to promote law and order by regulating or prohibiting harmful conduct by any person.

(C)    The following shall not be required to pay a fee for the issuance of a business license under this title:

(1)    Any church engaged in raising funds for religious or charitable purposes;

(2)    Any school, club or athletic organization engaged in staging athletic events for which an admission fee is charged, provided such admission fees do not accrue to the personal benefit of any individual;

(3)    Any accredited school, no part of the income of which accrues to the personal benefit of any individual;

(4)    Pow Wow vendors; and

(5)    Individual Tribal Members, who are not a corporation, partnership, or other entity.

(A)    A business license shall be required for persons conducting business within the Nation’s Jurisdiction without maintaining a business location within the Nation’s Jurisdiction, including, but not limited to, contractors, professionals, vendors providing goods and services at an event, to a private business or person, or to any of the Nation’s enterprises.

(B)    Food Vendors. No person may produce or sell food (1) that is sold directly to the end consumer and (2) that requires time and temperature control for safety or specialized processing, as determined by the Tax Commission, unless such person has training in basic food handling principles. This training must be received at least every two (2) years and must be accredited and certified by the American National Standards Institute (ANSI). Proof that a person has received such training shall be provided with each license application and renewal and upon the request of the Nation. Training as a food protection manager as certified by ANSI may also satisfy the food handling training requirement.

(Amended by PBP TC No. 2012-034, February 13, 2012; amended by PBP TC No. 2017-071, February 8, 2017. Formerly 13-2-5, amended by PBP TC No. 2025-290, September 11, 2025)

13-2-7 Conditions of License.

(A)    Each licensee consents to the jurisdiction of the District Court as to any cause of action arising in connection with the transaction of any business within the Nation’s Jurisdiction, or any tortuous acts committed in connection with the transaction of any business within the Nation’s Jurisdiction. Each licensee consents to the service of process of the District Court with respect to all actions over which the District Court has subject matter jurisdiction, in accordance with this Potawatomi Law and Order Code.

(B)    Each licensee shall respond in a timely manner to requests by the Tax Commission for information about the licensee’s business for the purpose of establishing whether the licensee is in compliance with the terms of this Title.

(Formerly 13-2-7, amended by PBP TC No. 2025-290, September 11, 2025)