Fillable TRIBAL WHOLESALE FIREWORKS LICENSE TULALIP TRIBES OF WASHINGTON (The Tulalip Tribes)

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TRIBAL WHOLESALE FIREWORKS LICENSE TULALIP TRIBES OF WASHINGTON (The Tulalip Tribes)

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TRIBAL WHOLESALE FIREWORKS LICENSE
TULALIP TRIBES OF WASHINGTON
This certifies that the party named herein has paid a non-refundable $100.00 fee
and is hereby licensed by the Tulalip Tribes of Washington (“Tribe”) to sell wholesale
fireworks pursuant to and subject to the terms and conditions of Tribal Fireworks Title
10, chapter 10.25, adopted May 4, 2012, as amended, as it now exists or may hereafter
be amended and the terms and conditions set forth below.
License:
(Name of Business)
(Name of Principal)
(Name of Salesperson or Contact Person)
Residence Address:
Telephone: ( ) - ( ) -
(BUSINESS) (FAX)
Hours of Operation: 5:00 a.m. to 1:00 a.m.
Wholesale Location: 10322 – 27
th
, AVE NE
Tulalip, WA 98271
Terms and Conditions of this License:
1.0 Wholesale sales may be made only to members of the Tulalip Tribes of
Washington currently and duly licensed to sell fireworks at retail.
2.0 The licensee does hereby release, indemnify and promise to defend and save
harmless the Tulalip Tribes of Washington from and against any and all liability, loss,
damage, expense, actions, and claims including costs and reasonable attorney fees,
incurred by the Tribes in defending claims asserted against the Tribes in any capacity, its
Board of Directors, tribal officers, and/or tribal employees involved in administration of
Title 10, chapter 10.25, as it now exists or may hereafter be amended, that assert rights
directly or indirectly on account of or arising out of or related to acts or omissions of the
Tribe, its Board of Directors, or members thereof, tribal officers or employees, or
licensee or licensee’s agents, employees, customers, guests, invitees, or tenants, in the
2014 Wholesale License Page 1 of 4
exercise of privileges granted herein, or in any way related to products sold by licensee
pursuant to this license.
3.0 The licensee shall obtain and maintain in full force and effect Acceptable
Premises Liability Insurance and Acceptable Products Liability Insurance for the period
of to , both days inclusive, or for
such other period as the Tax and Licensing Division of the Tulalip Tribes of Washington
may approve in writing, which premises liability and products liability insurance shall
name the licensee as the Named Insured and the Tulalip Tribes of Washington as
Additional Insured.
3.1 The term “Acceptable Premises Liability Insurance” means the premises liability
insurance described in the specimen Certificate of Insurance attached hereto as Exhibit
“A” ( Insurance Company Policy No.
) with a liability limit of $1,000,000 for each occurrence, or such other premises liability
insurance as the Tax and Licensing Division of the Tulalip Tribes of Washington approves
in writing. The premise described in such Acceptable Premises Liability Insurance shall
be at the following address:
10322 27
th
AVE NE
Tulalip, WA 98271
3.2 The term “Acceptable Products Liability Insurance” means the products liability
insurance described in the specimen Certificate Insurance attached hereto as Exhibit “B”
( Insurance Company Policy No.
), with liability limit of $1,000,000 for each occurrence and in the aggregate, or such
other products liability insurance as Tax and Licensing Division of the Tulalip Tribes of
Washington approves in writing.
3.3 As a condition of obtaining this license, licensee agrees to and shall forthwith
furnish the Tulalip Tribes of Washington with written Certificates of Insurance
evidencing that Acceptable Products Liability Insurance and Acceptable Premises
Liability Insurance has been obtained and is being maintained, which Certificate of
Insurance must be in a form acceptable to the Tax and Licensing Division of the Tulalip
Tribes of Washington.
3.4 The licensee may not sell any fireworks under this license unless Acceptable
Products Liability Insurance is in force that covers such products, as evidenced by a
Certificate of Insurance licensee has provided to the Tulalip Tribes of Washington and
the Tribe is names as an Additional Insured under such policy.
2014 Wholesale License Page 2 of 4
3.5 The licensee shall comply with all safety measures required to obtain and to
maintain the required premises and products liability insurance, and shall not conduct
any activities under this license which are prohibited by or which would in any way
invalidate or be exempt from coverage under such insurance, either in whole or in part.
Without limiting the generality of the foregoing, since much insurance only covers Class
“C” fireworks, licensee may only sell fireworks, and no other type; and the only Class “C”
fireworks that may be sold are those which are also permissible and allowable under the
terms and provisions of Ordinance No. 52 as amended, as it now exists or may hereafter
be amended.
3.6 The Tribe is requiring that such premises and products, liability insurance to
satisfy the requirements of the Tribes’ general insurer, and for the protection of the
Tribes. The Tribes assumes no responsibility to the licensee and makes no
representations to the licensee as to the quality of any insurance product approved by
the Tribes or the Tax and Licensing Division for the purpose of this license, or as to the
solvency of the insurer or the broker. The licensee agrees to and assumes full
responsibility for making such independent investigation as the licensee desires in that
regard. The Tribes also makes no representation or warranty that any such insurer or
broker are licensed to sell insurance within the State of Washington. The licensee
assumes full responsibility for making any inquiry the licensee may desire to make in
that regard.
3.7 The Tax and Licensing Division’s approval of any other premises or products
liability insurance pursuant to paragraphs 3.1 or 3.2 shall be deemed to amend this
license to permit the utilization of such insurance by licensee. Such approval shall be
within the sole discretion of the Tax and Licensing Division.
4.0 In issuing this license, the Tulalip Tribes is acting in its governmental and
regulatory capacity. However, the Tribes has not undertaken to inspect, verify, and
control safety measures in the setting up, operation, and removal of fireworks stands.
The safety of licensee’s acts or omissions remain the sole responsibility of the licensee.
5.0 The licensee shall only sell at wholesale those fireworks permitted under the
Tribes’ Title 10, chapter 10.25, as it now exists or may hereafter be amended and
applicable federal statutes. Extensions of the expiration date of the license may be
approved by the Board of Directors to cover the maximum additional time periods
allowed by Section 3.5 or Title 10, chapter 10.25, as it now exists or may hereafter be
amended.
6.0 The Tax and Licensing Division and its designee may enter and search any
fireworks stand, home, other building, property, or vehicle owned or utilized by any
licensee, or by any person operating or assisting in the operation of any fireworks stand,
for purposes of determining whether violations or this Code have occurred or are
20
14 Wholesale License Page 3 of 4
occurring. By acceptance of this license, I hereby grant my unconditional consent to
such entries and searches.
Wholesale License Number: Business License Number:
Effective Date for Sales: Beginning at 6:00 a.m.
Ending at 12:00 a.m.
Effective Date for Sales: Beginning at 6:00 a.m.
Ending at 11:59 p.m.
Dated this _____________ day of , 2014.
TULALIP TRIBES OF WASHINGTON
BY: ________________________________
Gus Taylor, Executive Director
Public Works / Tax & Licensing Division
----------------------------
I HAVE READ THE TERMS OF THIS LICENSE, AND I ACCEPT AND AGREE TO THE TERMS
AND CONDITIONS HEREOF.
_________________________________________
LICENSEE
20
14 Wholesale License Page 4 of 4
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TRIBAL WHOLESALE FIREWORKS LICENSE TULALIP TRIBES OF WASHINGTON (The Tulalip Tribes)

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Completed 20 July 2020

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