By SCOTT MCKIE B.P.
One Feather Asst. Editor
CHEROKEE, N.C. – The Eastern Band of Cherokee Indians (EBCI) has full regulatory control over businesses operating on its lands. These regulations and authorities are found in Cherokee Code Chapter 106 (Business Regulation).
Prior to the passage of Ord. No. 624 by Dinilawigi (Tribal Council) on Jan. 6, 2005, the EBCI did not issue its own business licenses, then known as trader’s licenses. That fell to the Cherokee Agency of the Bureau of Indian Affairs.
The whereas section of Ord. No. 624 explains the situation at that time, “The Tribe has relied on the Cherokee Agency of the Bureau of Indian Affairs to issue Trader’s Licenses to persons wanting to do business on Cherokee trust land; and Trader’s Licenses are issued pursuant to an outdated federal policy toward Indians and an archaic form of business regulation on Tribal land.”
It continues, “Nationally, the Secretary of the Interior has stopped issuing Trader’s Licenses because they no longer serve the purpose for which they were created, and the Tribe should ask the Cherokee Agency, as the Secretary’s delegate, to also stop issuing Trader’s Licenses. The Tribe has the sovereign authority to regular commerce on Tribal land.”
Cherokee Code Section 106-2 states, “Unless otherwise exempted by this Chapter or other tribal ordinance, any person or entity whose primary place of business is located on tribal land that wants to conduct business on tribal land may do so only with permission of the Tribe as evidenced by issuance and maintenance of a current, valid Tribal Business License.”
Section 106-4 describes the Business Committee’s authority in this area. “The Business Committee shall administer this Article and has the discretion to take all steps necessary and proper to enforce compliance with this Article including, but not limited to, prohibiting the introduction of certain goods or services onto tribal land, directing that any or all tribal business licenses be suspended or revoked, and directing that any or all applications for tribal business licenses or renewals thereof be rejected.”
The fine for not having a valid Tribal Business License is $500 per Section 106-5. Section 106-6(d) sets the price of obtaining a license at $25 “at the time of application and renewal”.
Section 106-10 deals with the time frame for a license and states, “The maximum effective period for a business license is one year, measured from Jan. 1 to Dec. 31. All licenses expire at midnight on Dec. 31 of the year they were issued; provided, however, that they may be renewed as provided in this chapter.”
Several changes were made to Section 106-15 (Unlawful and prohibited conduct) over the years with the passage of Ord. No. 630 on Feb. 1, 2007; Ord. No. 991 on Oct. 8, 2007; and most recently with Ord. No. 240 on Oct. 21, 2024.
The main parts of Section 106-15 are in subsections (a) and (b) which read as follows:
(a) No person or entity may use or permit its business to be used for any unlawful conduct or purpose. Violation of this section shall subject the violator to criminal prosecution, suspension or revocation of the business license, and other action as the Tribe deems necessary under law. This section is deemed to be violated when someone is charged with unlawful conduct or purpose. Violations do not require convictions and/or sentencing.
(b) No person or entity, regardless of whether they are required to be licensed under this chapter, may engage in unfair methods of competition or engage in unfair or deceptive acts or practices in or effecting commerce on Cherokee trust lands. In this section, “commerce” shall include, but is not limited to, the exchange of property, goods or services for anything of value, lease transactions, assignments and debt collection.
Ord. No. 240 was described as an amendment to Section 106-15 “to prohibit discrimination at places of public accommodation”.
The whereas section of that legislation describes the situation at the time. “The Tribe has received complaints that at least one hotel or motel operator has refused to rent a room to an enrolled member of the EBCI who also lives on or near trust land in Cherokee, Snowbird, or Cherokee County and that the refusal appears to be based solely on the grounds that the person is a member of the EBCI who lives locally.”
It continues, “A hotel, motel, or other place of public accommodation that refuses to rent a room or provide a service to a person solely because the person is an enrolled member of the EBCI who lives locally is engaging in behavior that is offensive and discriminatory against tribal members and such actions should be prohibited by amendment to Cherokee Code Section 106-15.”
Section 106-15(b)(1)(A) now reads, “The definition of unfair act includes discrimination by places of public accommodation on the basis of a person’s race, color, religion or national origin, these terms and the prohibition against discrimination to be defined and interpreted consistent with Title II of the Civil Rights of 1964, 42 U.S.C. § 2000a et seq. The Tribe hereby adds to and includes in this definition acts of discrimination by places of public accommodation against persons based on their status as enrolled members of the EBCI or any other Federally recognized Indian tribe, including refusing to provide accommodation or services based solely on the fact that the enrolled member is a ‘local’ who lives on or near EBCI trust land in western North Carolina.”
Several types of businesses are not allowed under this Chapter.
Sec. 106-17 prohibits people dealing in antiquities and states in part, “Persons and entities required to be licensed under this chapter may not deal in objects of antiquity removed from any historic or prehistoric ruin or monument on land owned or controlled by the United States, state, or any Indian tribe recognized by the federal government or any state; and may not knowingly buy, sell, rent, lease or have in their possession any artifact created before 1930 that was removed from any state or federally recognized Indian site, historic ruin or monument.”
Section 106-18 is entitled ‘Trade in certain plants and animals’ and states, “Persons and entities required to be licensed under this chapter shall not introduce into, sell, or spread within Tribal land any plant, plant product, seed, or any type of vegetation, or any animal, which is infested, or infected or which might act as a carrier of any pests of infectious, transmissible, or contagious diseases, as determined by the Tribe.”
Section 106-19 prohibits the sale of certain dextromethorphan, an over-the-counter cough suppressant, to minors unless they have a prescription. Hefty fines can be imposed by the Revenue Officer and/or the Business Committee per Section 106-19(b)(1) as follows: not more than $1,000 for the first offense; not more than $2,000 for the second offense; and not more than $5,000 for the third or subsequent offense.
Businesses operating on EBCI tribal lands are required to pay tribal levy. Failure to do so is covered under Section 106-21 which states, “Any person or entity required to be licensed under this Chapter that fails to pay wages, Tribal levy, privilege and license fees has violated this Chapter. Compliance may be by suspension or revocation of the business license by the Office of Budget and Finance after notice and 30 days is provided in which to cure the breach. If a cure is not provided within that 30-day period, the Office of Budget and Finance shall suspend or revoke the license. Such action may be appealed to the Business Committee.”
