6.10.090 Revocation and Cancellation of Business License.
(1) Revocation of Business License.
(a) The Tribe’s Finance Department shall revoke the business license if the licensee fails to:
(i) Pay any fee due under the provisions of this chapter or any other provision of tribal law;
(ii) Maintain a registered agent or office authorized to accept service of process in Samish Indian Country; or
(iii) File an annual report as required under this chapter.
(b) When the Finance Department finds that any such ground for revocation of a business license exists, it shall give notice by certified mail to such licensee that such ground exists and that its business license will be revoked unless the licensee cures such ground within 30 days after the mailing of such notice.
(c) The Finance Department shall revoke the business license of such licensee if the ground for revocation is not cured within the period of 30 days; provided, that for good cause shown the Finance Department may extend the period from time to time, but the aggregate of such extension(s) shall not exceed 90 days.
(d) Upon revoking such business license, the Finance Department shall:
(i) Issue a certificate of revocation, in duplicate; and
(ii) Mail to the licensee a notice of the revocation accompanied by one certificate of revocation.
(e) Upon the issuance of a certificate of revocation, the business license shall no longer be valid and the authority of the licensee to transact business in Samish Indian Country shall cease.
(2) Cancellation of Business License.
(a) When the public interest may require, the Tribal Council may direct that an action be brought by the Finance Department against a licensee to cancel its business license upon any of the following grounds:
(i) The business license was procured through fraud;
(ii) The business license should not have been issued to the licensee under this chapter;
(iii) The licensee has not expressly consented to Tribal Court jurisdiction for its business affairs in Samish Indian Country or has revoked such consent in any form;
(iv) The business license was procured without substantial compliance with the conditions prescribed by this chapter;
(v) The licensee has offended against any provision of tribal law regulating its conduct, or has abused or usurped its privileges or power;
(vi) The licensee is knowingly and persistently violating any provision of tribal law; or
(vii) The licensee has done or omitted any action which amounts to a surrender of its business license.
(b) If the ground for the cancellation is an act which the licensee has done or omitted to do, and it appears probable that correction can be made, then such cancellation shall not be instituted unless the Finance Department shall give notice to such licensee by certified mail at its registered office within Samish Indian Country that such default or violation exists and that an action to cancel its business license will begin unless such ground shall be cured or such violation discontinued within 15 days.
(c) The Tribal Council shall cause two certified copies of the notice canceling a business license to be delivered to the Finance Department Office. The Finance Department shall file one copy in its office and shall mail the other copy to the licensee with a notice of such cancellation.
(3) Appeal. If the Finance Department revokes or cancels the business license of any licensee pursuant to this chapter, such licensee may appeal the revocation or cancellation to the Tribal Court. [Res. 2020-04-005 § 2, 2020.]