Appendix B - Excerpts From Rosebud Sioux Tribal Ordinances

The Rosebud Sioux Tribe has a business licensing requirement that is very similar to those enacted or proposed by other tribes. The following are some quotes from their ordinance:

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"The primary responsibility to determine the meaning of the tribal Constitution and Bylaws lies with the Tribal Council. . . . Accordingly, the Council declares that the Tribe has the sole and exclusive authority to grant, deny, or withdraw the privilege of doing business within the Reservation, except where such authority is limited or withdrawn from the Tribe by the applicable laws of the United States.

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"This Chapter shall be applicable to all persons engaged in business within the exterior boundaries of the Reservation. No person shall engage in business upon the Reservation without a valid business license issued by the Tribe, . . .

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"All applications shall include: . . . (5) A sworn statement that the applicant will comply with all Tribal laws applicable to the applicant's business; (6) A statement that the applicant consents to Tribal Court jurisdiction and service of process in matters arising from the conduct of business; . . .

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"The following shall not be required to pay a fee for the issuance of a business license under this chapter: (a) any church engaged in raising funds for religious or charitable purposes; (b) any school, club or athletic organization engaged in staging athletic events for which an admission fee is charged, provided such fees do not accrue to the personal benefit of any individual; and (c) Any accredited school, no part of the income of which accrues to the personal benefit of any individual.

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"Each Licensee shall comply with all applicable tribal laws, including but not limited to: tax laws, Indian employment and contracting preference laws, . . . The Tribe may, but need not, notify each licensee by regular mail of any additional tribal laws with which the licensee must comply as such laws are enacted by the council.

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"Each licensee consents to the jurisdiction of the Tribal Court as to any cause of action arising in connection with the transaction of any business within the Reservation, . .

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"Each licensee consents to the service of process of the Tribal Court with respect to all actions over which the Tribal Court has subject matter jurisdiction.

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"Each licensee shall respond in a timely manner to requests by the Tribal Revenue Department for information about the licensee's business for the purpose of establishing whether the licensee is in compliance . . . ."

The ordinance continues with sanctions including civil penalties, restitution, removal and exclusion of non-members and other remedies.