Chapter 9.05
BUSINESS LICENSING
Sections:
9.05.020 Exempt business activities.
9.05.030 Delegation of authority.
9.05.050 License issuance and renewal – Fee and expiration.
9.05.060 Businesses required to obtain a license.
9.05.070 Rules for use of Tribal facilities by business licensees.
9.05.080 Prohibitions and select license requirements.
9.05.110 Motor vehicle parts recycler.
9.05.120 Conducting business activities without a license.
9.05.130 License suspension and revocation.
9.05.140 Penalties not exclusive.
Prior legislation: Prior code §§ 6.6.1.030, 6.6.1.050 and 6.6.1.090.
9.05.010 License required.
All persons conducting business activities at any time and for any purpose within the jurisdiction of the Confederated Tribes of the Chehalis Reservation, except for those business activities exempted from such licensing requirement by this chapter or by regulation of the Chehalis Tribal Planning Department, must be licensed to so operate by the Chehalis Tribal Planning Department. The Planning Department shall issue an “annual business license” upon application of any and all eligible persons who meet the criteria for licensing under this chapter and Department regulations. [Res. 2016-74; Res. 2011-020; Res. 2011-015. Prior code § 6.6.1.010.]
9.05.020 Exempt business activities.
The Chehalis Tribal Planning Department shall determine whether certain types or categories of business activities shall be exempt from the licensing requirements of this chapter. These exempt business activities include, but are not limited to:
A. Fishing, hunting, or retail fireworks sales;
B. Courier services, taxi, limousine, and airporter services;
C. Utility and telecommunications companies;
D. Registered nonprofit corporations;
E. Community fundraising events for charitable causes; and
F. Garage/yard sales, so long as only used goods are sold and the used goods are sold directly by their owner and not by a representative or agent on behalf of the owner. A garage/yard sale must be held during daylight hours, and may not be held for any period longer than three consecutive calendar days. Garage/yard sales may be held no more frequently than four times per year at any single location.
All other exemptions must be published by written policy of the Planning Department, and may be repealed, amended, or supplemented by the Chehalis Tribal Business Committee by resolution or amendment to this chapter. [Res. 2016-74; Res. 2016-17; Res. 2011-020; Res. 2011-015. Prior code § 6.6.1.060. Formerly 9.05.060.]
9.05.030 Delegation of authority.
The Chehalis Tribal Business Committee hereby delegates to the Chehalis Tribal Planning Department the following authority:
A. To establish any lawful licensing criteria and application forms or methods for determining whether applicants for a business license should be issued the requested license; and
B. To issue, suspend, or revoke such a license; and
C. To enforce the provisions of this chapter by issuing notices of violation, issuing notices to cease and desist, assessing civil fines, bringing actions in the Chehalis Tribal Court, and administering other penalties as provided by this chapter.
The Chehalis Business Committee reserves the authority to establish by resolution or by amendment to this chapter any additional criteria for the evaluation of license applications and issuance of business licenses or any regulation regarding the conduct of business, or to repeal or amend by resolution or by amendment to this chapter any or all such criteria hereafter established by the Chehalis Tribal Planning Department as the Business Committee sees fit. In the event that a Planning Department criterion or policy conflicts with any part of this chapter, this chapter shall control. [Res. 2016-74.]
9.05.040 License application.
Application for business licenses shall be made at the Chehalis Tribal Planning Department at the Chehalis Tribal Center or other location designated by the Planning Department. All applications shall:
A. Be made by completing a form issued by the Chehalis Tribal Planning Department and signed by the person(s) to whom the license is requested to be issued, or by a person who is authorized to act as an agent of the applicant business;
B. State the name and address (and mailing address, if different) of the applicant business, the name and address of the representative signing the application form, the trade name of the business (if different from the business name), and the name and address of the business’s registered agent;
C. State the State or other jurisdiction of incorporation or other registration of the applicant business, and provide the business’s UBI number and/or identifying code or number issued by such State or other jurisdiction;
D. State the purpose, activities, or services of the business;
E. State the location(s) of the business’ activities within the Tribe’s jurisdiction or, if the applicant is or seeks to conduct business solely as a vendor to the Tribal government or any of its departments or enterprises, the name and location of the Tribal customer(s) within the Tribe’s jurisdiction;
F. If the applicant’s proposed business activities are to be conducted from a motor vehicle, state the make, model, and year of the motor vehicle and motor vehicle license plate number. [Res. 2016-74; Res. 2016-17; Res. 2011-020; Res. 2011-015. Prior code § 6.6.1.020. Formerly 9.05.020.]
9.05.050 License issuance and renewal – Fee and expiration.
A. Expiration. Annual business licenses expire at the end of the calendar year in which the license was issued, regardless of the date of application or issuance.
B. Business license application fees and renewal fees are nonrefundable.
C. Business license application fees shall be charged according to a fee schedule maintained by the Planning Department, subject to the approval of the Business Committee.
D. Fees for business license application and renewal may be changed by the Planning Department no more frequently than once per year, and all fee increases must be published in the Tribal newsletter and posted at the Tribal Center at least 30 days prior to the effective date of the increase.
E. License Renewal. The Planning Department shall establish policies or methods for the renewal of annual business licenses, including the determination of the circumstances under which a licensee must complete a new application in order to renew, and the fee(s) therefor. [Res. 2016-74.]
9.05.060 Businesses required to obtain a license.
All persons that conduct business activities within the jurisdiction of the Confederated Tribes of the Chehalis Reservation must have a valid and current annual business license to conduct such business activities unless exempted under this chapter. [Res. 2016-74.]
9.05.070 Rules for use of Tribal facilities by business licensees.
A. Licensees may set up tables or other displays of goods for sale and conduct transactions at Tribal facilities as described in their business license application, subject to the permission of the on-site management of the facility. Licensees may request but are not guaranteed the use of existing tables or other amenities at the facility, or access to the facility on a particular day or time.
B. Licensees may conduct sales during regularly scheduled business hours of 8:00 a.m. through 4:30 p.m., Monday through Friday, or at other hours by the permission of the Tribe. Licensees may not conduct sales during administrative closures or holidays without the permission of the Tribe.
C. Licensee hours, locations, products, services, and methods may be restricted by the Planning Department to accommodate Tribal programs, activities and events, or to protect the safety, security, health, or welfare of the Chehalis Tribal community.
D. Licensees are prohibited from entering individual offices or any other part of the Tribal facility other than those areas that are kept open to the general public for the purpose of promoting or conducting sales.
E. Licensees shall not bring pets into the Tribal facility to accompany them while they are conducting sales, and children accompanying the licensee must be supervised by a parent or adult guardian at all times.
F. Licensees shall not engage in activities or behaviors that disrupt, interrupt, or interfere with the operations of the Tribal facility, and must comply with all reasonable requests and instructions of the Tribal facility staff, including without limitation leaving the Tribal facility if their activities or behaviors are, in the sole judgment of the staff, intolerably disruptive. [Res. 2016-74.]
9.05.080 Prohibitions and select license requirements.
A. No new or renewal business license shall be issued to:
1. Any applicant who owes outstanding taxes, fees, or other assessments to the Tribe or any of its departments or subsidiaries;
2. Any applicant that sells or advertises goods or services by making unsolicited sales calls to residences or businesses, also known as “door-to-door” sales;
3. Any person under 18 years of age, unless such person has been emancipated by order of the Chehalis Tribal Court or by another court whose order has been recognized by the Chehalis Tribal Court as valid.
B. Business licenses shall not be issued to any person whose business activity involves engaging in any unlawful act under the applicable laws of the United States and the Chehalis Tribe. The license of any person who engages in an unlawful act as part of their business activities shall be subject to immediate revocation.
C. All businesses desiring to operate as construction contractors, day care facilities, or auto parts storage or recycling facilities must comply with the additional requirements provided in CTC 9.05.090 through 9.05.110.
D. All licensees conducting business on privately owned fee lands or Indian trust lands shall provide proof that they have been granted permission by the owner, or, in the case of trust lands, by the required majority of the ownership interests, to conduct their business on such lands.
E. Licensees are prohibited from selling, promoting, advertising, displaying, distributing free goods, or otherwise operating within:
1. Any Tribal gaming or hospitality facility, including without limitation the Lucky Eagle Casino and Hotel, Great Wolf Lodge, or any parking lot or loading area thereof, except that participants in trade shows, conventions, or similar events held at these facilities may operate within the facility by permission of the management of the facility, and except that current and potential vendors, partners and contractors of such facility may conduct activities as permitted by management;
2. Except as otherwise provided in this section, the “Tribal government services complex,” which includes the Tribal Public Safety Facility, Wellness Center, Head Start and Elders Facility, Natural Resources Facility (EDA Building), and Youth Center, or any parking lot or loading area thereof; and any other Tribal facility, parking lot, or loading area thereof, should the licensee lack the Tribe’s permission to conduct business in that location;
3. Any “End of the Trail” or other Tribally owned store or any other Chehalis Tribal Enterprises facility, or the parking lot or loading area thereof, unless the licensee has the express written permission of Chehalis Tribal Enterprises to so operate.
F. The Chehalis Tribal Planning Department may, in a manner consistent with CTC 9.05.030, adopt policies restricting the hours, locations, products, services, and methods of any business licensee for the purpose of accommodating Tribal programs, activities and events, or to protect the safety, security, health, or welfare of the Chehalis Tribal community. [Res. 2016-74.]
9.05.090 Construction.
A. Persons performing construction services, including but not limited to grading, installing fireplaces and stoves, roofing, cleaning, electrical, plumbing, landscaping, renovation, remodeling and general construction (collectively, “contractors”), must apply for and be issued an annual business license in order to provide such services within the jurisdiction of the Confederated Tribes of the Chehalis Reservation.
B. Contractors applying for an annual business license must provide proof of their competence to perform the proposed services at the time of submitting their license application. Such proof of competence shall include proof of current Washington State licensing to provide services in the manner proposed in the license application and proof of bonding and insurance. The Planning Department shall verify licensing, proof of insurance, and bonding and conduct a background check of all such applicants to ensure they are in good standing with the State of Washington. A license shall not be issued to any applicant lacking such proof of license, insurance, or bonding at the time of submitting their application, or whose background check reveals facts which, in the judgment of the Planning Department, indicate a lack of good standing. [Res. 2016-74; Res. 2016-17; Res. 2011-020; Res. 2011-015. Prior code § 6.6.1.040. Formerly 9.05.040.]
9.05.100 Day care provider.
A. Applicants proposing to operate a day care facility for children, disabled children, disabled adults, or seniors must apply for and be issued an annual business license in order to operate within the jurisdiction of the Confederated Tribes of the Chehalis Reservation. In addition, all applicants for an annual business license to operate such a day care facility must show proof at the time of application of a valid license issued by the State of Washington or the United States to operate a day care facility.
B. To remain eligible for an annual business license, such facility must also pass an annual health and safety inspection conducted by the Indian Health Service program of the United States Department of Health and Human Services or by the Chehalis Tribe exercising the delegated authority of that Department. Failure to pass such an inspection shall result in an immediate suspension of the business’s annual business license.
C. Day care facilities are also subject to annual inspection by the Chehalis Tribe’s Chief Building Officer to ensure that such facilities comply with applicable building and zoning codes. Failure to comply with such codes or other failure of an inspection by the Chief Building Officer shall result in an immediate suspension of the business’s annual business license.
D. Day care facilities may not operate within the designated 100-year floodplain. [Res. 2016-74.]
9.05.110 Motor vehicle parts recycler.
A. Applicants proposing to operate any business at which motor vehicles are stored, disposed of, or dismantled for the purpose of selling useable parts, or which includes the storage, purchase, sale, recycling or other transfer of used motor vehicle parts must apply for and be issued an annual business license in order to operate within the jurisdiction of the Confederated Tribes of the Chehalis Reservation.
B. Before an annual business license may be issued to operate a business described in subsection A of this section, the Chief Building Officer and Director of Natural Resources must inspect the applicant’s proposed premises for the operation of the business, including any buildings, barns, fields, or other open spaces proposed for the storage, disposal, or salvage of used motor vehicles or motor vehicle parts, and must certify in writing that the proposed facilities comply with applicable building, zoning, and environmental codes and regulations. Such businesses may not operate within the designated 100-year floodplain, or within designated “sanitary control areas” proximate to springs or wellheads under CTC 11.45.070, or within designated “sensitive areas” proximate to rivers, creeks or wetlands, as determined by the Director of Natural Resources. Failure to receive certification from either the Director of Natural Resources or Chief Building Officer shall result in the automatic denial of the license application. Such facilities shall also be regularly inspected by the Director of the Natural Resources and Chief Building Officer at the discretion of those officials. Failure to comply with applicable building, zoning, and environmental codes or regulations as enforced by those officials shall result in an immediate suspension of the business’s annual business license.
C. All applicants seeking to operate a business as described in subsection A of this section, and any and all partner(s), employee(s), or associate(s) of the applicant, shall be required to undergo a criminal background check. The Planning Department shall deny the license application if the applicant or any partner, employee, or associate thereof has been convicted of a felony in any jurisdiction. The Planning Department shall have the discretion to approve or deny the application if the applicant or any partner, employee, or associate thereof has been convicted of a misdemeanor in any jurisdiction.
D. If the applicant proposes to build new facilities or re-purpose existing facilities in order to operate the business, the applicant must apply for both an annual business license subject to the conditions of this subsection and a building permit for the new or repurposed facilities pursuant to Chapter 11.05 CTC. Such applications must be submitted at the same time. Failure to obtain a building permit shall result in the automatic denial of the license application. [Res. 2016-74.]
9.05.120 Conducting business activities without a license.
A. It shall be a violation of this chapter to conduct business activities within the jurisdiction of the Confederated Tribes of the Chehalis Reservation without having the appropriate valid business license from the Chehalis Tribal Planning Department, or to conduct business activities while such license is suspended or revoked. It shall also be a violation for any person, department, enterprise or other entity affiliated with the Chehalis Tribe to receive or agree to receive goods or services from a person whom the recipient knows to be required to have a Chehalis Tribal business license and lacks a current and valid license.
B. If any person within the jurisdiction of the Confederated Tribes of the Chehalis Reservation commits a violation of this chapter as described in subsection A of this section, the Planning Department shall issue to that person a written notice requiring them to immediately cease and desist the violating business activities and apply for the appropriate license by the close of the next business day. Persons who have not previously violated this chapter will not be fined but will be given one written warning notice. Persons who have previously violated or who continue to violate this chapter despite the receipt of prior notice shall be assessed a fine according to a schedule of fines maintained by the Planning Department and approved by the Business Committee. Fines shall be assessed per individual violation per day for as long as the violations continue, and the fined person’s future applications for a business license shall be rejected until the fine is paid.
C. If the recipient of a notice to cease and desist and a fine fails to pay the full fine assessed for violating any provision of this chapter within 10 days of the issuance of the fine, or fails to cease and desist business activities within one business day of the issuance of a notice to cease and desist, the Planning Department may bring an action in the Chehalis Tribal Court to recover all fines, reasonable costs, and reasonable attorney’s fees. The Planning Department may also seek a court order prohibiting that person from continuing business activities and/or excluding that person and any of its owner(s), agent(s), or employee(s) from the Chehalis Reservation until the fine is paid and the person is brought into compliance with this chapter and any and all policies maintained hereunder. [Res. 2016-74; Res. 2016-17; Res. 2011-020; Res. 2011-015. Prior code § 6.6.1.070. Formerly 9.05.070.]
9.05.130 License suspension and revocation.
Any license granted under this chapter may be suspended or revoked without notice or hearing by the Planning Department or Chehalis Business Committee upon the finding by either the Department or the Business Committee that an applicant provided false information in a license application, was found in violation of another provision of Tribal law by the Tribal official or department responsible for enforcing such law, or violated any provision of this chapter or Planning Department regulations. Upon receipt of notice of suspension or revocation, the licensee must immediately cease all business activities or be subject to fines under CTC 9.05.120. Suspension or revocation of a business license upon order of the Planning Department may be appealed to the Business Committee according to such procedures that the Business Committee may employ for that purpose. While the appeal process continues, the license will be suspended and no business activities may continue. Revocation of a business license by the Business Committee is final and conclusive. [Res. 2016-74; Res. 2016-17; Res. 2011-020; Res. 2011-015. Prior code § 6.6.1.080. Formerly 9.05.080.]
9.05.140 Penalties not exclusive.
The imposition of fines and/or the suspension or revocation of any licenses granted under the provisions of this chapter shall not preclude the imposition of further penalties established by other provisions of this chapter, any policies maintained hereunder, or other provisions of Tribal law. [Res. 2016-74.]