[R.O. 2011 §83.050; Ord. No. 2348 §1, 10-1-2007]
Every person, firm or corporation engaged in the business of
furnishing cable television and video services for residential, commercial,
business, manufacturing, industrial, or for any other purpose in the
City, who shall furnish the services within the City, shall pay the
City a tax equal to three percent (3%) of the gross receipts solely
derived from the charges for local cable television and video services
in the City as a license tax for conducting such business within the
City.
[R.O. 2011 §83.051; Ord. No. 2349 §2, 10-1-2007]
A. Definitions. The words and phrases used in this Section
shall have the meaning as set forth in Section 67.2677, RSMo., or,
if not defined therein, shall have such meanings as established by
City Code.
B. Franchise Fee. Pursuant to Section 67.2689, RSMo., and as
partial compensation for use of the City's public rights-of-way, each
video service provider or other person providing cable services or
video services within the City shall, to the extent permitted by law,
pay to the City a fee of three percent (3%) of the gross revenues
from such video services provider in the geographic area of the City.
Such payment shall be made as required by Section 67.2689, RSMo. The
City shall have the right to audit any video service provider as authorized
by Section 67.2691, RSMo. Late payments shall accrue interest due
to the City compounded monthly at ten percent (10%).
C. Customer Service Requirements. All video service providers
providing service within the City shall adopt and comply with the
minimum customer service requirements set forth in Section 67.2692,
RSMo. Notice or receipt of this Section by the video service provider
shall be deemed notice of the City invoking such customer service
requirements.
D. Rights-Of-Way Regulation — Indemnification — Permits
And Compliance With Other Laws. Video service providers shall comply with the requirements of Sections 67.2707, 67.2709, RSMo., and all applicable ordinances and regulations consistent with Sections 67.1830 to 67.1846, RSMo., relating to use of the City rights-of-way. Each video service provider shall indemnify and hold harmless the City and its officers, employees and agents from any loss or damage, including, but not limited to, attorneys' fees, as provided in such ordinances or regulations, but in no event less than the obligation on video service providers set forth in Section 67.2695, RSMo. The City may require documentation of such indemnification by written agreement or other instrument to the extent permitted by law. In addition, video service providers shall be subject to and comply with such supplementary provisions relating to placement, screening and relocation of facilities as provided in Section
625.100 of this Chapter, and such other applicable laws of the City, except as may be otherwise validly pre-empted. Notwithstanding any other ordinance to the contrary, no facilities to be used for video services shall be installed without obtaining a permit from the City authorizing the location and plans for such facilities; provided that this provision shall not apply to installation of otherwise lawful and authorized poles or wires.
E. Public, Educational And Governmental Channels. Each video
service provider shall designate a number of channels for public,
educational and governmental programming consistent with Section 67.2703,
RSMo.; provided that any greater number of channels, as may be required
in the incumbent cable franchise or franchise ordinance, shall be
required pursuant to Section 67.2703.2, RSMo. The City shall bear
no cost relating to the transmission, availability or maintenance
of such channels unless expressly authorized by the City in writing
and approved by the Governing Body. Incumbent cable operators and
other video service providers shall provide support for such public,
educational and governmental channels consistent with Section 67.2703.8,
RSMo.
F. Continued Obligations. The obligations of a cable service
provider or video service provider as set forth in any existing cable
services or video services franchise or ordinance shall also continue
to apply to the full extent permitted by applicable law.
G. Reservation Of Rights. The City retains all rights in Sections
67.2675 through 67.2714, RSMo., inclusive, and may take any and all
actions permitted by law to exercise such rights or to enforce such
obligations on providers of video service.
H. Notice. A copy of this Section shall be delivered to each
video service provider operating in the City after notice to the City
that such provider is authorized to provide service within the City;
provided that the provisions of this Section shall, to the extent
permitted by law, not be affected by any claimed or actual failure
of a service provider to have received delivery of a copy of this
Section.
[R.O. 2011 §83.060; Ord. No. 2348 §1, 10-1-2007]
The tax herein required to be paid shall be in lieu of any other
license, occupation, excise or merchandising tax but shall not be
in lieu of any ad valorem tax.
[R.O. 2011 §83.070; Ord. No. 2348 §1, 10-1-2007]
Any person operating any business herein designated who shall
fail to file a statement as herein required, or who shall fail or
refuse to pay the license tax herein provided for when due, shall
for such failure pay as a penalty to the City ten percent (10%) of
the license tax due and unpaid for the first (1st) month or part thereof,
and for each and every month thereafter, three percent (3%) of the
amount of such tax until the same is fully paid.