Law and Order Code of the Fort McDowell Yavapai Community, Arizona
Adopted by Resolution No. 90-30, July 9, 1990 and subsequently amended. [Includes amendments dated 2000.]
[Historical Note: Chapter two is derived from Resolution No.98-29 Enacted 4-27-98]
Art. I. Business License, §§ 2-1 - 2-99
Art. II. Employer/Employee Relations, §§ 2-99 -- 2-199
Art. III. Reserved
Art. IV. Reserved
Sec. 2-1. BUSINESS LICENSE
All persons, associations, companies, firms or corporations conducting or engaged in any business or trade within the Fort McDowell Yavapai Indian Community must obtain a license from the Tribe and pay a license fee as provided in Section 2-7. The license shall authorize the licensee to transact the business or trade described in the license for a particular time period and within a particular area within the exterior boundaries of the Tribe as described in the license. Separate licenses shall be obtained for each branch establishment or each separate location on the Reservation. However, a particular project with multiple sites (e.g. housing project) may constitute a single location.
Sec. 2-2. APPLICATION AND ISSUANCE
Application for a business license shall be submitted in writing to
the Land Use and Lease Manager or other individual authorized by the
Tribal Council of the Tribe on a form approved by the Fort McDowell
Yavapai Tribal Council. The application shall include, among other
things, the following information:
description of the business or trade; and
name and address of the owner or owners of the business or trade,
including proof of identification; and
trade name, if any, to.be used by the business or trade; and
location at which the business or trade will be conducted; and
- The time period in which the business will be conducted.
- A description of the business or trade; and
- A check,
money order, or cash, as provided for in the Fee Schedule as described
in Section 2-7 of this Article, payable to the Fort McDowell Yavapai
Indian Community shall accompany each application.
approval of the application by the Land Use and Lease Manager and
payment of the prescribed fee, a business license shall be issued
to the applicant on a form approved by the Tribal Council. The business
license shall be signed by the Land Use and Lease Manager of the Tribe
or his authorized representative, and the General Manager of the Tribe,
or his authorized representative. The license shall specifically describe,
among other things, (1) the business or trade to be conducted, (2)
the name of the owner or owners of the business or trade, (3) the
trade name, if any, to be used by the business or trade, (4) the time
period the business will be conducted, and (5) the location at which
the business or trade will be conducted.
receipt of each application, the Land Use and Lease Manager shall
conduct such investigation of the applicant's business and moral character
as he deems necessary for the protection of the public good. If as
a result of such investigation, the applicant's character or business
responsibility is found to be unsatisfactory, the Land Use and Lease
Manager shall notify the applicant that his application is disapproved
and that no license will be issued. If the character and business
responsibility of the applicant are found to be satisfactory, the
Land Use and Lease Manager shall endorse and deliver the license to
the applicant after obtaining all required signatures and approvals.
If a license is denied pursuant to this subsection, the applicant
shall be entitled to an appeal under the same procedures set forth
in Section 2-9(B), Revocation of License.
- No business
license issued pursuant to this chapter is transferable or assignable.
Sec. 2-3. ESTIMATE OF BUSINESS RECEIPTS
for a business license or renewal of a business license shall submit
an estimate of the probable amount of gross receipts which he will transact
during each of the next succeeding three months, and during the term
of the license. The statement shall be based on the amount of business
transacted by such person in the preceding months, if any.
Sec. 2-4. TERM OF LICENSE
Term Business License: A short term business license shall be issued
for a period of less than six months, such period to be specifically
set forth on the license.
Business License: An annual business license or renewal thereof shall
be issued for a period of one year. Businesses within the confines
of a Tribally Owned Industrial Park, Retail Development, or other
such multi-tenant Tribal enterprise, or any business chartered by
the Tribe, and such other business as specifically authorized by the
Tribal Council may be issued Annual Business Licenses. If appropriate,
the licenses may contain automatic renewal provisions that provide
the license will renew automatically unless the Tribe provides notice
of cancellation. Licenses of longer duration must be approved by the
- Perpetual Business License: Non-profit charitable, religious or educational organizations may be issued perpetual business licenses. These perpetual licenses shall be approved by the Tribal Council and are subject to the termination provisions contained in Section 2-9 of this Article.
Sec. 2-5. TRANSACTING BUSINESS WITHOUT A LICENSE OR TRANSACTING BUSINESS IN VIOLATION OF THE TERMS OF THE LICENSE
person, association, company, firm or corporation conducting or engaging
in any business within the Reservation without a valid business license
shall be notified of their liability for the business license fee
and any applicable taxes by either the Land Use and Lease Department
or the Tribal Police. After receiving such notification, the party
shall not conduct any business within the jurisdiction or Territory
of the Tribe. If a party continues to conduct business after the notification
or conducts business in violation of his license, the party's personal
property used to conduct said business, along with any goods of the
party, shall be subject to forfeiture and the party is subject to
removal from the Territory of the Tribe. The party may also be liable
for any or all of the sanctions imposed by Chapter 7.5, CIVIL TRESPASS
and any other applicable codes or ordinances. Tribal law enforcement
officials are authorized to enforce this section, including removal
and forfeiture, at any time after the party receives notice of noncompliance
under this section and continues to violate any provision of this
If a party enters into a Contract or Agreement without a valid business license when that party is required to possess a license under this Article, the Contract or Agreement entered into shall be considered voidable by the other party to the Contract or Agreement.
Sec. 2-6. COMPLYING WITH LAWS AND REGULATIONS
Any person or business operating within the boundaries of the Tribe shall comply with all laws and regulations of the Tribe and any applicable Federal laws and regulations. If a person, association, company, firm or corporation conducts any business within the Tribe, with or without a Tribal license, permit or lease, the party shall be deemed to consent to the jurisdiction of the Courts of the Fort McDowell Yavapai Indian Community unless the parties expressly, knowingly and mutually agree to another jurisdiction in an Agreement (e.g., boiler plate language in a consumer contract would not qualify as an expressed and mutual agreement).
Sec. 2-7. LICENSE FEE
as provided in Subsection B, every person or business issued or reissued
a business license shall pay a license fee as may be set from time
to time by the Tribal Council in a Fee Schedule. The Fee Schedule
shall set forth the applicable daily, weekly, monthly, and yearly
rates for designated types of businesses. If a party requests a license
for a business not covered under the Fee Schedule, the license and
the amount of the license must be approved by the Tribal Council.
business license fee for members of the Tribe and for businesses
owned and operated by members of the Tribe shall be waived. To
be exempt, a Tribal member operated business must be at least
51% owned by a member or members. However, this waiver shall not
except said member or business of member from complying with the
remainder of this Article.
business duly licensed under the tribe's gaming ordinance by the
Tribal Gaming Office shall not be required to obtain a business
license as provided in this Article and shall not be required
to pay the fees set out in the Fee Schedule.
business conducting business pursuant to a valid permit or lease
shall not be required to obtain a business license as provided
in this Article and shall not be required to pay the fees set
out in the Fee Schedule, provided however, that the business activities
they are conducting conform to the terms of the permit or lease.
- Any other exceptions approved by a duly authorized resolution of the Tribal Council.
- The business license fee for members of the Tribe and for businesses owned and operated by members of the Tribe shall be waived. To be exempt, a Tribal member operated business must be at least 51% owned by a member or members. However, this waiver shall not except said member or business of member from complying with the remainder of this Article.
Sec. 2-8. REGULATORY LICENSE
If any other ordinance or law of the Tribe requires a business licensed under this ordinance to obtain a license or permit for regulatory purposes, no license under this ordinance shall be issued until the business has obtained such other required license or permit.
Sec. 2-9. REVOCATION OF LICENSE
issued under the provisions of this chapter may be revoked after twenty-four
(24) hours notice, for any of the following causes:
Fraud, misrepresentation or incorrect statement contained in the
application for license; or
Fraud, misrepresentation or incorrect statement made in the course of carrying on his business; or
Conviction of any crime; or
- Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a danger to the health, safety or general welfare of the public.
- Fraud, misrepresentation or incorrect statement contained in the application for license; or
of Termination under subsection A shall be given by the Land Use and
Lease Manager, in writing, setting forth the specific grounds of the
complaint and the opportunity for a hearing before the Planning Advisory
Board of the Tribe. Such notice shall be mailed to the licensee at
his last known address or shall be delivered by a Tribal police officer.
Notice by mail to the licensee's last known address shall be deemed
received not more than three days following mailing the notice. After
receiving a notice of termination, a licensee may request a hearing
before the Fort McDowell Planning Board by submitting a request for
hearing, in writing, within five (5) days after receiving the notice
of termination. If a licensee requests a hearing, the hearing shall
be held at the next regularly scheduled Planning Board meeting following
the request. The decision of the Planning Board shall be final.
License issued under the provisions of this Chapter may be revoked
and/or terminated by the Tribe, at its convenience and for any reason,
by providing the licensee with thirty (30) days written notice of
termination. No hearing shall be available in the event of termination
Sec. 2-10. EXCEPTIONS AND WAIVERS
The Tribal Council may grant exceptions and waivers to the requirements of this Article. Any such exception or waiver must be specifically stated in a duly authorized Tribal Council resolution.
(Sec. 2-11 - 2-99. Reserved.)
McDowell Mohave-Apache Indian Community
P.O. Box 17779 Fountain Hills, Arizona 85269-7779
Phone (602) 837-5121 Fax (602) 837-1630
Resolution No. Ft. McD 98-29WHEREAS, the Tribal Council of the Fort McDowell Mohave-Apache Community desires to establish a Business Code for the Community; and
WHEREAS, a Business Code will help set out the legal relationships, responsibilities and duties of persons conducting business on the reservation; and
WHEREAS, at this time the Business Code includes an Article for comprehensive procedures for Licensing of businesses on the Reservation; and
WHEREAS, future Articles of the Business Code may include such Articles as the Community's version of the Uniform Commercial Code; and
NOW, THEREFORE, BE IT RESOLVED that the Tribal Council hereby enacts the following Business Code Ordinance to be codified as Chapter 2, Business Code, of the Law and Order Code which includes Article I, Business License.
CERTIFICATIONPursuant to the authority contained in Article IV, Sections 1(a) and (i) and Sections 2(d) and (h) of the Constitution and Bylaws of the Fort McDowell Mohave-Apache Indian Community, ratified by the Tribe on October 3, 1936, and approved by the Secretary of the Interior of November 24, 1936, the foregoing Resolution No. Ft. McD 98-29 was adopted on this 27th day of April, 1998, at a Community Council Meeting held at the Fort McDowell Mohave-Apache Indian Community, at which a quorum of 5 members were present and 0 were absent by a vote of 4 for and 0 opposed and 0 abstained.
Clinton M. Pattea
Secretary Tribal Council