16-1-104. DEFINITIONS.

The following terms, whenever used or referred to in this Chapter, shall have the following meanings, unless a different meaning clearly appears from the context:

1. “Agent” means the individual or individuals designated by any “licensee” to receive and accept “service of process.”
2. “Applicant” means any “person” who submits an application to the Tribe for a business license and who has not yet received such license.
3. “Business” means any regular or “temporary business” activity engaged in by any “person” for the purpose of conducting a trade, profession or commercial activity involving the ‘sale” of any “property” or “service”; provided, however, that an isolated sale of property or services shall not be considered to be “business” under this Chapter.
4. “Chapter” means the Rosebud Sioux Business Licensing Chapter as enacted and amended by the “Council.”
5. “Company” means any “person” or group of people engaged in “business.”
6. “Council” means the Rosebud Sioux Tribal Council acting as the governing body of the Rosebud Sioux Tribe pursuant to its Constitution and Bylaws as approved and amended.
7. “Governmental Entity” means the United States, a federally recognized Indian Tribe, a state or local government. It also includes any political subdivisions, agency or department of the foregoing including any tribal entities as defined by Title 15, Chapter Four, Sec. 15-4-103 of the Law and Order Code.
8. “Licensee means any “person” who is granted a business license by the Tribe.
9. “Notice” means actual notice by hand delivery or by certified mail. For time computations as provided for in this Chapter, which are to begin upon “notice,” such notice shall be at delivery, except that where delivery is not possible after three consecutive postal days due to the inaction of the “agent,” notice shall be at the time of the first attempted delivery. Upon return of the forms of notice to the Director, the forms shall be mailed by regular mail.
10. “Person” means any individual, receiver, assignee, trustee in bankruptcy, trust, estate, firm, partnership, joint venture, public utility, club, business trust, non-profit corporation, corporation, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, non-profit, or otherwise, and includes any instrumentality thereof. The term includes members and nonmembers of the “Tribe,” but excludes any “governmental entity”.
11. “Property” means any existing and identified real or personal property, including, but not limited to “goods” as that term is defined by Section 105 of the Sales Chapter.
12. “Reservation” means the Rosebud Indian Reservation as now or hereafter constituted.
13. “Sale” means the transfer, exchange or barter, conditional or otherwise, of the ownership of, title to, or possession of real or personal property for consideration. The term shall also include leases, conditional sales contracts, leases with the option to purchase, and any other contract under which possession of the property is given to the purchaser but title is retained by the seller as security. It shall also include the furnishing of food, drink, or meals for compensation, whether or not consumed on the premises. It shall also include any conditional or unconditional provision of services for consideration.
14. “Service of Process” includes the delivery of show cause orders, cease and desist orders, summonses, complaints and other documents of the “Director” or “Tribal Court”.
15. “Services” means the performance of labor for the benefit of another for consideration. It excludes labor performed by an employee for the benefit of his or her employer.
16. “Tribal Court” means the Tribal Court of the Rosebud Sioux Tribe.
17. “Tribal law” means the tribal Constitution and all laws now and hereafter duly enacted by the “Council”.
18. “Tribal member” or “member of the Tribe” means an enrolled member of the Rosebud Sioux Tribe. A corporation, partnership or other entity shall be considered a Tribal member, for purposes of this Chapter only, if 51% or more of the entity is owned by Tribal members.
19. “Ranch” or “farm” means an operation where a “person” is in the primary business of raising or growing agriculture products.