City of Oakland, MO
St. Louis County
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Table of Contents
Table of Contents
Cross References — As to duties of city clerk as to licenses, §115.130 of this Code; as to licenses for sale of non-intoxicating beer, §§600.020 — 600.040; as to licenses for sale of intoxicating liquor, §§600.020 — 600.040; as to finance and taxation regulations, §130.120.
[CC 1997 §14-6; Ord. No. 156 §2, 6-14-1954; Ord. No. 294 §2, 5-8-1972; Ord. No. 335 §2, 1979]
All persons engaged in the business of supplying public utility services to residents or businesses within the City shall henceforth be licensed and regulated.
[CC 1997 §14-7; Ord. No. 156 §3, 6-14-1954; Ord. No. 294 §3, 5-8-1972; Ord. No. 335 §3, 1979; Ord. No. 346 §1, 12-8-1980; Ord. No. 420 §2, 5-14-1990; Ord. No. 461 §1, 10-26-1992; Ord. No. 463 §1, 11-9-1992]
A. 
The payment of four percent (4%) shall be made by those persons chargeable with the payment of the above license on a monthly basis and no later than the last business day of each month following the month during which sales were made. Such license payments shall be in lieu of any and all taxes for such rights and privileges whether such taxes be for sale, use, occupation, license, franchise, privilege, excise or otherwise. For the first (1st) calendar month, the payments for license purposes shall be computed upon sales made for the period beginning on April first (1st) and ending on April third (3rd). By the last business day of each succeeding calendar month, it shall be the duty of any such person engaged in the business of selling, supplying or distributing public utility services for compensation for any purpose in the City to file with the City Clerk a statement setting forth its gross sales within the City and at the same time to pay the City Clerk the total amount due for such license.
B. 
The City may, through its proper officers, at any time during normal business hours, examine the works and records of any such person for the purpose of determining the accuracy of the reports so made. All reports shall be verified by affidavit by a proper person preparing and filing said report. The term "gross sales", as used herein, means the aggregate amount of all sales and charges of the commodities or services as hereinabove described in the City during any period, less discounts, credits, refunds, sales taxes and uncollectible accounts actually charged off.
[CC 1997 §14-8; Ord. No. 156 §4, 6-14-1954; Ord. No. 294 §4, 5-8-1972; Ord. No. 335 §4, 1979]
The license fee herein required to be paid shall be a license fee on and for the use and occupation of the streets, alleys and other public highways of the City and for the pipelines and conduits necessary for the conduct of the business of the persons mentioned herein and nothing herein contained shall be so construed as to exempt any person from the payment of the tax which the City levies upon any real or personal property belonging to any such person.
[CC 1997 §14-9; Ord. No. 156 §5, 6-14-1954; Ord. No. 294 §5, 5-8-1972; Ord. No. 335 §5, 1979]
The Collector of the City or any authorized deputy is hereby authorized to investigate the correctness and the accuracy of any statement so filed and for that purpose shall have access at all reasonable times to the books, documents, papers and records of the person making such return in order to ascertain the accuracy thereof.
[CC 1997 §14-10]
Any person engaged in the following occupations, i.e., business of selling, supplying or distributing to the public exchange telephone service; the business of selling and distributing water for residential or commercial purposes; the business of selling and distributing natural, artificial or mixed natural and artificial gas for residential or commercial purposes; and in the business of selling electricity to the public for residential or commercial purposes in the City shall hold the City harmless from all liability imposed upon it on account.
[Ord. No. 739 §1, 7-25-2007]
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 the 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 five percent (5%) 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 one and one-half percent (1.5%) or such other maximum rate as may be established by law.
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 right-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 location of facilities as provided in Section 510.190 of this Code, whether on public or private property, 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, ordinance and/or agreement 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.