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Subchapter 4 LICENSE APPLICATION

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A. Within ten (10) working days after receipt of a completed application, other required documentation and fee the Business License Department may issue to the applicant a license to engage in business activity for which the entity has been licensed.

B. Notwithstanding subsection (A) of this section, no license shall be granted to any licensee until it has presented proof to the Business License Department that it has complied with all Nation requirements established as conditions of commencing business on the Reservation, including, but not limited to, the following:

1. The Osage Nation’s Contract and Employment Preference Law1, if any;

2. If and when the Nation adopts a Land Use Law, evidence that the person is in compliance with that law and has obtained such permits and approvals required by the law; and

3. Evidence that the person has complied with the Nation’s Environmental Department requirements and the requirements of the Indian Health Service and Bureau of Indian Affairs, if applicable.

C. Notwithstanding subsection (A) of this section, where the Business License Department has reason to believe that a person applying for or possessing a license intends to commence or continue an activity that presents a danger to the health, safety, welfare, or morals of the residents of the Reservation, the Business License Department shall provide the said person with a written notice setting out the reasons it believes that the person presents such danger and noticing the date for hearing on the matter; said hearing to be held not later than ten (10) working days after delivery of the said notice. At the said hearing, the person shall be given an opportunity to demonstrate that its business activity does not present a danger to the health, safety, welfare, or morals of the residents of the Reservation. The Business License Department shall establish necessary procedures for said hearing to provide due process. If the Business License Department finds that a danger does exist, it shall notify said person in writing, stating the reasons for its finding, and shall deny or revoke the person’s Business License. The person may appeal the Business License Department’s decision to the Osage Nation Tax Commission; if the person is not satisfied at that level, the person may appeal the decision to the Osage Nation Judiciary and shall be entitled to a hearing on the matter. The Court’s decision shall be final.

1See 19 ONC § 1-101 et seq.

ONCA 07-40, eff. June 22, 2007.