18.01.120 Licenses; Revocation

(a) All licenses granted shall be subject to laws and regulations in force at the time of issuing thereof or which may be subsequently passed by the Tribal Council or TERO Commission. Any person who shall violate any provision of this title relating to his license may be processed against for any fine or penalty imposed thereby, and his license may be revoked or forfeited in the discretion of the TERO Director, the TERO Commission or the Tribal Court if an action is brought for the recovery of any fine or penalty.

Where not otherwise provided, any license may be terminated or revoked by the TERO Director or the TERO Commission at any time for cause. "Cause" shall include, but not be limited to, the following:

(1) Violation of the Turtle Mountain Tribal Code dealing with or pertaining to the business or trade licensed;

(2) The willful making of any false statement or misrepresentation as to a material fact in the application for license;

(3) The death of a licensee;

(4) When the licensee ceases business at the location licensed;

(5) Conviction of any crime; or

(6) Conducting business in an unlawful manner or in such a manner as to constitute a breach of the peace, or to constitute a menace to the health, safety, or general welfare of the Tribe, or permitting any disorderly or immoral practices upon the premises where the licensee is licensed to carry on the business or trade.

When the license is terminated or revoked for cause, the licensee or those claiming under him shall not be entitled to any return of any portion of the license fee previously paid to the TERO Commission.

(b) When a license is terminated or revoked it will be effective immediately, and the licensee is entitled to a hearing with the TERO Director within ten (10) days of termination or revocation.

(c) Notice of the hearing for revocation of a license shall be given by the TERO Director in writing setting forth specifically the grounds for complaint and the time and place for hearing. Such notice shall be mailed to the licensee at his last known address at least forty-eight (48) hours prior to the date set for the hearing, or shall be delivered by a law enforcement officer in the same manner as a summons at least forty-eight (48) hours prior to the date set for the hearing. The hearing will be informal and with the TERO Director. If the termination or revocation is not reversed, the licensee can appeal the decision through Title 22, Tribal Administrative Procedures Act.