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The following businesses specified in this section shall, to the extent mentioned herein, be excluded from the operation of this chapter, and the terms hereof shall not be deemed or construed to require the purchase of a business license:

(1) The business of a commercial traveler not having a fixed place of business on the reservation whose business is limited to goods, wares and merchandise sold or dealt in at wholesale to the extent that business license fees are prohibited by the Constitution of the United States.

(2) Any person whom the tribe is not authorized to license under the terms of any law or constitution of the United States.

(3) Any business owned and operated by the tribe.

The secretary may require the filing of a verified statement from any person claiming to be excluded under the provisions of this section, which statement shall set forth all facts upon which the claim for exclusion is made. The secretary may allow or disallow the claim for exclusion, and if disallowed the claimant shall forthwith make application for a business license, and shall obtain the necessary license prior to engaging in business on the reservation. The provisions of the tribe’s Claims Ordinance governing hearings and appeals shall be used and shall govern any administrative hearing and appeal procedure for licensees conducted pursuant to this chapter. [Ord. 05-31-2018-A § 2(4.01.100), 2018.]