TITLE VI.  BUSINESS AND OCCUPATION

 

 

CHAPTER 600:  PEDDLERS AND SOLICITORS

 

 

SECTION 600.010:    DEFINITIONS

 

As used in this Chapter, the following words have the meaning indicated:

 

CANVASSER:  A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of (1) attempting to enlist support for or against a particular religion, philosophy, ideology, political party, issue or candidate, even if incidental to such purpose the canvasser accepts the donation of money for or against such cause, or (2) distributing a handbill or flyer advertising a non-commercial event or service.

 

PEDDLER:  A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of attempting to sell a good or service.  A "peddler" does not include a person who distributes handbills or flyers for a commercial purpose, advertising an event, activity, good or service that is offered to the resident for purchase at a location away from the residence or at a time different from the time of visit.  Such a person is a "solicitor".  

 

SOLICITOR:  A person who attempts to make personal contact with a resident at his/her residence without prior specific invitation or appointment from the resident for the primary purpose of (1) attempting to obtain a donation to a particular patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, charitable, political or religious purpose, even if incidental to such purpose there is the sale of some good or service, or (2) distributing a handbill or flyer advertising a commercial event or service.

 

 

SECTION 600.020:    EXCEPTION

 

This Chapter shall not apply to a Federal, State or local government employee or a public utility employee in the performance of his/her duty for his/her employer.

 

 

SECTION 600.030:    IDENTIFICATION CARD REQUIRED FOR PEDDLERS AND SOLICITORS, AVAILABLE FOR CANVASSERS

 

No person shall act as a peddler or as a solicitor within the City without first obtaining an identification card in accordance with this Chapter.  A canvasser is not required to have an identification card but any canvasser wanting an identification card for the purpose of reassuring City residents of the canvasser's good faith shall be issued one upon request.

 

 

SECTION 600.040:    FEE

 

The fee for the issuance of each identification card shall be:

 

11        For a peddler acting on behalf of a merchant otherwise licensed to do business within the City:  no fee.

§ 600.040                                                          Crystal Lake Park City Code                                                     § 600.060

 

A.2.    For a peddler acting on behalf of a merchant not otherwise licensed to do business within the City:  a fee of five dollars ($5.00) per day.

 

A.3.    For a solicitor, including a commercial solicitor advertising an event, activity, good or service for purchase at a location away from the residence:  no fee.

 

A.4.    For a canvasser requesting an identification card:  no fee.

 

 

SECTION 600.050:    APPLICATION FOR IDENTIFICATION CARD

 

Any person or organization, formal or informal, may apply for one (1) or more identification cards by completing an application form at the office of the issuing officer during regular office hours.

 

 

SECTION 600.060:    CONTENTS OF APPLICATION

 

The applicant, person or organization shall provide the following information:

 

 

 .1.     Name of applicant.

 

 .2.     Number of identification cards required.

 

 .3.     The name, physical description and photograph of each person for which a card is requested.  In lieu of this information, a driver's license, State identification card, passport or other government-issued identification card issued by a government within the United States containing this information may be provided and a photocopy taken.  If a photograph is not supplied, the City will take an instant photograph of each person for which a card is requested at the application site.  The actual cost of the instant photograph will be paid by the applicant.

 

 .4.     The permanent and, if any, local address of the applicant.

 

 .5.     The permanent and, if any, local address of each person for whom a card is requested.

 

 .6.     A brief description of the proposed activity related to this identification card.  Copies of literature to be distributed may be substituted for this description at the option of the applicant.

 

 .7.     Date and place of birth for each person for whom a card is requested and, if available, the social security number of such person.

 

 .8.     A list of all infraction, offense, misdemeanor and felony convictions of each person for whom a card is requested for the seven (7) years immediately prior to the application.

 

 .9.     The motor vehicle make, model, year, color and State license plate number of any vehicle which will be used by each person for whom a card is requested.

 

 .10.    If a card is requested for a peddler:

 

 .10.a.    The name and permanent address of the business offering the event, activity, good or service, i.e., the peddler's principal.

§ 600.060                                                          Peddlers And Solicitors                                                              § 600.090

 

 .10.b.    A copy of the principal's sales tax license as issued by the State of Missouri provided that no copy of a license shall be required of any business which appears on the City's annual report of sales tax payees as provided by the Missouri Department of Revenue.

 

 .10.c.    The location where books and records are kept of sales which occur within the City and which are available for City inspection to determine that all City sales taxes have been paid.

 

 .11.    If a card is requested for a solicitor:

 

 .11.a.    The name and permanent address of the organization, person or group for whom donations or proceeds are accepted.

 

 .11.b.    The web address for this organization, person or group, or other address where residents having subsequent questions can go for more information.

 

 .12.    Any other information the applicant wishes to provide, perhaps including copies of literature to be distributed, references to other municipalities where similar activities have occurred, etc.

 

 

SECTION 600.070:    ISSUANCE OF IDENTIFICATION CARD

 

The identification card(s) shall be issued promptly after application but in all cases within sixteen (16) business hours of completion of an application, unless it is determined within that time that:

 

 

 .1.     The applicant has been convicted of a felony or a misdemeanor involving moral turpitude within the past seven (7) years,

 

 .2.     With respect to a particular card, the individual for whom a card is requested has been convicted of any felony or a misdemeanor involving moral turpitude within the past seven (7) years, or

 

 .3.     Any statement upon the application is false, unless the applicant can demonstrate that the falsehood was the result of excusable neglect.

 

 

SECTION 600.080:    INVESTIGATION

 

During the period of time following the application for one (1) or more identification cards and its issuance, the City shall investigate as to the truth and accuracy of the information contained in the application.  If the City has not completed this investigation within the sixteen (16) business hours provided in Section 600.070, the identification card will nonetheless be issued subject, however, to administrative revocation upon completion of the investigation.  If a canvasser requests an identification card, the investigation will proceed as described above, but if the City refuses to issue the identification card (or revokes it after issuance), the canvasser will be advised that the failure to procure an identification card does not prevent him/her from canvassing the residents of the City.

 

 

SECTION 600.090:    IDENTIFICATION CARDS OF OTHER CITY

 

Instead of the application procedure above, if an applicant produces identification cards issued by another City having an ordinance substantially the same as this one, the issuing officer may in

§ 600.090                                                          Crystal Lake Park City Code                                                     § 600.140

 

his/her discretion immediately issue identification cards without the necessity of a formal application or investigation.

 

 

SECTION 600.100:    DENIAL─ADMINISTRATIVE REVOCATION

 

If the issuing officer denies, or upon completion of an investigation revokes, the identification card to one (1) or more persons, he/she shall immediately convey the decision to the applicant orally and shall within sixteen (16) working hours after the denial prepare a written report of the reason for the denial which shall be immediately made available to the applicant.  Upon receipt of the oral notification and even before the preparation of the written report, the applicant shall have at his/her option an appeal of the denial of his/her application before the Municipal Court of the City, provided that such a hearing will be scheduled within ten (10) days of the request, due notice of which is to be given to the public and the applicant.

 

 

SECTION 600.110:    HEARING ON APPEAL

 

If the applicant requests a hearing under Section 600.100, the hearing shall be held in accordance with the Administrative Procedure Act of the State of Missouri and review from the decision (on the record of the hearing) shall be had to the Circuit Court of the County in which the City is located.  The hearing shall also be subject to the Missouri open meetings and records law.

 

 

SECTION 600.120:    DISPLAY OF IDENTIFICATION CARD

 

Each identification card shall be, when the individual for whom it was issued is acting as a peddler or solicitor, worn on the outer clothing of the individual as so to be reasonably visible to any person who might be approached by said person.

 

 

SECTION 600.130:    VALIDITY OF IDENTIFICATION CARD

 

An identification card shall be valid within the meaning of this Chapter for a period of six (6) months from its date of issuance or the term requested, whichever is less.

 

 

SECTION 600.140:    REVOCATION OF CARD

 

In addition to the administrative revocation of an identification card, a card may be revoked for any of the following reasons:

 

 

 .1.     Any violation of this Chapter by the applicant or by the person for whom the particular card was issued.

 

 .2.     Fraud, misrepresentation or incorrect statement made in the course of carrying on the activity.

 

 .3.     Conviction of any felony or a misdemeanor involving moral turpitude within the last seven (7) years.

 

 .4.     Conducting the activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

§ 600.140                                                          Peddlers And Solicitors                                                              § 600.160

 

The revocation procedure shall be initiated by the filing of a complaint by the City Attorney or the issuing officer pursuant to the State Administrative Procedure Act and a hearing before the tribunal identified in Section 600.100 above.

 

 

SECTION 600.150:    DISTRIBUTION OF HANDBILLS AND COMMERCIAL FLYERS

 

In addition to the other regulations contained herein, a solicitor or canvasser leaving handbills or commercial flyers about the community shall observe the following regulations:

 

 

 .1.     No handbill or flyer shall be left at or attached to any sign, utility pole, transit shelter or other structure within the public right-of-way.  The Police are authorized to remove any handbill or flyer found within the right-of-way.

 

 .2.     No handbill or flyer shall be left at or attached to any privately owned property in a manner that causes damage to such privately owned property.

 

 .3.     No handbill or flyer shall be left at or attached to any of the property (a) listed on the City "no visit" list, or (b) having a "no solicitor" sign of the type described in Section 600.160(1) and (2).

 

 .4.     Any person observed distributing handbills or flyers shall be required to identify himself/herself to the Police (either by producing an identification card or other form of identification).  This is for the purpose of knowing the likely identity of the perpetrator if the City receives a complaint of damage caused to private property during the distribution of handbills or flyers.

 

 

SECTION 600.160:    GENERAL PROHIBITIONS

 

No peddler, solicitor or canvasser shall:

 

 

 .1.     Enter upon any private property where the property has clearly posted in the front yard a sign visible from the right-of-way (public or private) indicating a prohibition against peddling, soliciting and/or canvassing.  Such sign need not exceed one (1) square foot in size and may contain words such as "no soliciting" or "no solicitors" in letters of at least two (2) inches in height.  The phrase "no soliciting" or "no solicitors" shall also prohibit peddlers and canvassers.

 

 .2.     Remain upon any private property where a notice in the form of a sign or sticker is placed upon any door or entrance way leading into the residence or dwelling at which guests would normally enter, which sign contains the words "no soliciting" or "no solicitors" and which is clearly visible to the peddler, solicitor or canvasser.

 

 .3.     Enter upon any private property where the current occupant has posted the property on the City's "no visit" list, except where the posting form indicates the occupant has given permission for this type of visit, regardless of whether a front yard sign is posted.

 

 .4.     Use or attempt to use any entrance other than the front or main entrance to the dwelling, or step from the sidewalk or indicated walkway (where one exists) leading from the right-of-way to the front or main entrance, except by express invitation of the resident or occupant of the property.

 

 .5.     Remove any yard sign, door or entrance sign that gives notice to such person that the resident or occupant does not invite visitors.

§ 600.160                                                          Crystal Lake Park City Code                                                     § 600.170

 

 .6.     Enter upon the property of another except between the hours of 9:00 A.M. and 8:00 P.M. in the hours of Central Standard Time and 9:00 A.M. and 9:30 P.M. in the hours of Central Daylight Time.

 

Except that the above prohibitions shall not apply when the peddler, solicitor or canvassers has an express invitation from the resident or occupant of a dwelling allowing him/her to enter upon any posted property.

 

 

SECTION 600.170:    VIOLATION TO BE PROSECUTED AS TRESPASS

 

Any person violating any part of this Chapter shall have committed a trespass on such property and shall be prosecuted under the general trespass ordinance of the City.  The penalty for such violation shall be the same as for any other trespass.

 

 

 

CHAPTER 605:  WATER SERVICE

 

 

SECTION 605.010:    GROSS RECEIPTS─DEFINED

 

The term "gross receipts", as used in this Chapter, means, with respect to any calendar period, the total amount received of the sale price of the sales at retail including any services other than charges incident to the extension of credit that are a part of such sales capable of being valued in money, whether received in money or otherwise; except that, the term "gross receipts" shall not include the sale price of property returned by customers when the full sale price thereof is refunded either in cash or by credit, nor sales or other tax collected on behalf of another governmental entity.  (CC 1995 §605.010) 

 

 

SECTION 605.020:    ANNUAL LICENSE TAX

 

Every firm, person or corporation now or hereafter engaged in the business of supplying or furnishing water or water service in the City of Crystal Lake Park, Missouri, shall pay to the said City as a license or occupational tax five percent (5%) of the gross receipts derived from such business within the said City.  (CC 1995 §605.020; Ord. No. 64 §1, 9-30-57)

 

 

SECTION 605.030:    STATEMENT OF GROSS RECEIPTS

 

Every person, firm or corporation engaged in the business set forth in Section 605.020 in the City of Crystal Lake Park is hereby required to file with the City Clerk of said City on or before February 15, 1959, a sworn statement showing the gross receipts derived from the transaction of such business in the City from January first (1st) through December thirty-first (31st) and on or before the fifteenth (15th) day of February of every calendar year thereafter showing the gross receipts derived from such business during the pre­ceding calendar year and at the same time pay to the said City Collec­tor the tax hereinbefore set forth.  Gross receipts derived from the furnishing of such service to said City shall not be included in the foregoing statement, nor shall any tax be due on such gross receipts.  The water company shall have the privilege of crediting such sums as may be due hereunder with any unpaid balance due said company for water service rendered or facilities furnished to said City.  (CC 1995 §605.030; Ord. No. 64 §2, 9-30-57)

 

 

SECTION 605.040:    AUTHORIZATION TO INVESTIGATE RECORDS

 

The City Clerk and such other persons as may be designated by the Board of Aldermen from time to time is and are hereby authorized to investigate the correctness and accuracy of the statement so filed and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such return in order to ascertain the accuracy thereof.  (CC 1995 §605.040; Ord. No. 64 §3, 9-30-57)

 

 

SECTION 605.050:    NO EXEMPTIONS FROM PAYMENT

 

Nothing contained in this Chapter shall be so construed as to exempt any person, firm or corporation to which this Chapter is applicable from the payment to the City of Crystal Lake Park of the tax which the said City levies upon the real or personal property belonging to such person, firm or corporation.  (CC 1995 §605.050; Ord. No. 64 §4, 9-30-57)

 

 

 

CHAPTER 610:  ELECTRICITY SERVICE

 

 

SECTION 610.010:    GROSS RECEIPTS─DEFINED

 

The term "gross receipts", as used in this Chapter, means, with respect to any calendar period, the amount collected during such period by such person, firm, company or corporation from such business, excepting however, amounts collected from said City or any other governmental agency therein, less credits, allowances or refunds to customers actually credited, allowed or refunded during each such period on account of electricity actually sold or distributed during such period.  (CC 1995 §610.010) 

 

 

SECTION 610.020:    ANNUAL LICENSE TAX

 

Pursuant to Section 393.275, RSMo., as amended, the City hereby elects to maintain the business license tax rate applicable to every firm, person or corporation now or hereafter engaged in the business of supplying or furnishing of electricity or electrical services or power in the City of Crystal Lake Park, Missouri, at a rate of five percent (5%) of the gross receipts derived from such business within the said City.  (CC 1995 §610.020; Ord. No. 72 §1, 9-2-58; Ord. No. 233 §1, 7-7-86)

 

 

SECTION 610.030:    STATEMENT OF GROSS RECEIPTS

 

Every person, firm  or corporation engaged in the business set forth in Section 610.020 in the City of Crystal Lake Park is hereby required to file with the City Clerk of said City on or before February 15, 1959, a sworn statement showing the gross receipts derived from the transaction of such business in the City from January first (1st) through December thirty-first (31st) and on or before the fifteenth (15th) day of February of every calendar year thereafter showing the gross receipts derived from such business during the preceding calendar year and at the same time pay to the City Collec­tor the tax hereinbefore set forth.  Gross receipts derived from the furnishing of such service to said City shall not be included in the foregoing statement, nor shall any tax be due on such gross receipts.  The electric company shall have the privilege of crediting such sums as may be due hereunder with any unpaid balance due said company for electric service rendered or facilities furnished to said City.  (CC 1995 §610.030; Ord. No. 63 §2, 9-30-57)

 

 

SECTION 610.040:    AUTHORIZATION TO INVESTIGATE RECORDS

 

The City Clerk and such other persons as may be designated by the Board of Aldermen from time to time is and are hereby authorized to investigate the correctness and accuracy of the statement so filed and for that purpose shall have access at all reasonable times to the books, documents, papers and records of any person making such return in order to ascertain the accuracy thereof.  (CC 1995 §610.040; Ord. No. 63 §3, 9-30-57)

 

 

SECTION 610.050:    NO EXEMPTIONS FROM PAYMENT

 

Nothing contained in this Chapter shall be so construed as to exempt any person, firm or corporation to which this Chapter is applicable from the payment to the City of Crystal Lake Park of the tax which the said City levies upon the real or personal property belonging to such person, firm or corporation.  (CC 1995 §610.050; Ord. No. 63 §4, 9-30-57)

§ 610.060                                                          Crystal Lake Park City Code                                                                 § 610.070

 

SECTION 610.060:    TEMPORARY REMOVAL, RAISING OR LOWERING OF WIRES

 

All such persons, firms, companies or corporations mentioned in Section 610.020 on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky struc­tures.  The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting such raising or lowering of wires and payment in advance may be required.  Not less than forty-eight (48) hours' advance notice shall be given to arrange for such temporary wire changes.  (CC 1995 §610.070) 

 

 

SECTION 610.070:    RIGHT TO TRIM TREES, BUSHES OR HEDGES

 

The right is hereby granted to all such persons, firms, companies or corporations mentioned in Section 610.020 to trim trees, brush or hedg­es upon and overhanging the streets, alleys, sidewalks and public places of said City, so as to prevent such foliage from coming in contact with electric wires and cables, all of said trimming to be done under the supervision and direction of the Board of Aldermen or of any City Official to whom said duties have been or may be delegated.  (CC 1995 §610.080) 

 

 

 

 

CHAPTER 615:  TELEPHONE SERVICE

 

 

SECTION 615.010:    GROSS RECEIPTS─DEFINED

 

The term "gross receipts", as used in this Chapter, means, with respect to any calendar period, the amount collected during such period by such person, firm, company or corporation from such business, excepting however, amounts collected from said City or any other governmental agency therein, less credits, allowances or refunds to customers actually credited, allowed or refunded during each such period on account of local and long distance telephone service actually sold or distributed during such period.  (CC 1995 §615.010) 

 

 

SECTION 615.020:    ANNUAL LICENSE TAX

 

Every person, firm, company or corporation now or hereafter engaged in the business of furnishing local and long distance telephone service in the City of Crystal Lake Park, Missouri, shall pay the said City as an annual license tax five percent (5%) of the gross receipts derived from the furnishing of such service within said City as hereinafter set forth.  (CC 1995 §615.020; Ord. No. 99 §1, 9-25-67)

 

 

SECTION 615.030:    STATEMENT OF GROSS RECEIPTS

 

All such persons, firms, companies or corporations mentioned in Section 615.020 hereof shall file with the City Clerk of the said City on or before the first (1st) day of March, 1968, a sworn statement of the gross receipts derived by such person, firm, company or corporation from the furnishing of such service during the period from January 1, 1967 to December 31, 1967, and on or before the first (1st) day of February of each calendar year thereafter a similar statement of gross receipts derived by such person, firm, company or corporation from the furnishing of such service during the preceding calendar year.  At the time of filing any such statement, the person, firm, Company or corporation involved shall pay to the City Collector of the said City five percent (5%) of such gross receipts.  Gross receipts derived from the furnishing of such service to said City or any other municipal or governmental unit located in said City shall not be included in the foregoing statement, nor shall any tax be due on such gross receipts.  The telephone company shall have the privilege of crediting such sums as may be due hereunder with any unpaid bal­ance due said company for telephone service rendered or facilities furnished to said City.  (CC 1995 §615.030; Ord. No. 99 §2, 9-25-67)

 

 

SECTION 615.040:    DUE DATE FOR TAX PAYMENT

 

The first (1st) payment of tax provided for herein shall be due and payable on March 1, 1968, and shall be for the period from January 1, 1968 to December 31, 1968; each subsequent tax period shall be for the period of each succeeding calendar year.  (CC 1995 §615.040; Ord. No. 99 §3, 9-25-67)

 

 

SECTION 615.050:    LICENSE TAX IN LIEU OF OTHER TAXES─EXCEPTIONS

 

The payments required by the provisions of this Chapter shall be in lieu of all other excises, charges, exactions, rentals, impositions, or other license or occupation taxes heretofore imposed upon any person, firm, company or corporation engaged in the business described in Section 615.020 hereof;

§ 615.050                                                          Crystal Lake Park City Code                                                                 § 615.070

 

but nothing herein contained shall be construed to exempt such person, firm, company or corporation from any general or special ad valorem tax imposed upon the public generally by said City. 

(CC 1995 §615.050; Ord. No. 99 §4, 9-25-67)

 

 

SECTION 615.060:    TEMPORARY REMOVAL, RAISING OR LOWERING OF WIRES

 

All such persons, firms, companies or corporations mentioned in Section 615.020 on the request of any person shall remove or raise or lower its wires temporarily to permit the moving of houses or other bulky struc­tures.  The expense of such temporary removal, raising or lowering of wires shall be paid by the party or parties requesting such raising or lowering of wires and payment in advance may be required.  Not less than forty-eight (48) hours' advance notice shall be given to arrange for such temporary wire changes.  (CC 1995 §615.060; Ord. No. 99 §5, 9-25-67)

 

 

SECTION 615.070:    RIGHT TO TRIM TREES, BUSHES OR HEDGES

 

The right is hereby granted to all such persons, firms, companies or corporations mentioned in Section 615.020 to trim trees, brush or hedg­es upon and overhanging the streets, alleys, sidewalks and public places of said City, so as to prevent such foliage from coming in contact with telephone wires and cables, all of said trimming to be done under the supervision and direction of the Board of Aldermen or of any City Official to whom said duties have been or may be delegated.  (CC 1995 §615.070; Ord. No. 99 §6, 9-25-67)

 

 

CHAPTER 620:  REGULATION OF CABLE SYSTEMS

 

 

SECTION 620.010:    GENERAL PROVISIONS

 

A.       Title.  This Chapter shall be known and may be cited as the "Cable Communications Regulatory Code".

 

B.        Purpose.  The City finds that further development of cable systems has the potential to be of great benefit to the City and its residents and businesses.  Cable technology is rapidly changing, and cable plays an essential role as part of the City's basic infrastructure.  Cable systems extensively make use of scarce and valuable public right-of-ways in a manner different from the way in which the general public uses them and in a manner reserved primarily for those who provide services to the public, such as utility companies.  A cable company currently typically faces very limited competition; thus, the grant of a franchise has the effect of giving the holder extensive economic benefits and places the holder in a position of public trust.  Because of these facts, the City finds that public convenience, safety and general welfare can best be served by establishing regulatory powers vested in the City or such persons as the City so designates to protect the public and to ensure that any franchise granted is operated in the public interest.  In light of the foregoing, the following goals, among others, underlie the provisions set forth in this Chapter:

 

B.1.    Cable service should be available to as many City residents and businesses as possible and provide the widest possible diversity of information sources and services to the public.

 

B.2.    A cable system should be capable of accommodating both present and reasonably foreseeable future cable-related needs of the community.

 

B.3.    A cable system should be constructed and maintained during a franchise term so that changes in technology may be integrated to the maximum extent possible into existing system facilities, taking into account all relevant factors including costs.

 

B.4.    A cable system should grow and develop and be responsive to the needs and interests of the community.

 

The City intends that all provisions set forth in this Chapter be construed to serve the public interest and the foregoing public purposes, and that any franchise issued pursuant to this Chapter be construed to include the foregoing findings and public purposes as integral parts thereof.

 

C.        Existing Franchise And Agreements.  To the extent permitted by law, this Chapter shall apply to franchises and other agreements in effect at the time of adoption of this Chapter.  (CC 1995 §620.010; Ord. No. 312 §1, 9-11-95)

 

 

SECTION 620.020:    DEFINITIONS AND WORD USAGE

 

For the purpose of this Chapter, the following terms, phrases, words and abbreviations shall have the meanings given herein, unless otherwise expressly stated.  When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number and vice versa, and the masculine gender includes the feminine gender and vice versa.  The words "shall" and "will" are mandatory and "may" is permissive.  Unless otherwise expressly stated or clearly contrary to the context, terms, phrases, words and abbreviations not defined herein shall be given the meaning set forth in Title 47 of the United States

§ 620.020                                                          Crystal Lake Park City Code                                                                 § 620.020

 

Code, Chapter 5, Subchapter V-A, 47 U.S.C. Section 521 et seq., as amended, and regulations issued pursuant thereto, and, if not defined therein, their common and ordinary meaning.  For convenience, Federal definitions are set forth in the glossary to this Chapter, which glossary may be revised by the City Attorney to reflect subsequent changes in Federal law without the need for an amendment of this Chapter.  For further convenience, the first (1st) letter of terms, phrases, words and abbreviations defined in this Chapter or by Federal law have been capitalized, but an inadvertent failure to capitalize such letter shall not affect meaning.

 

BOARD OF ALDERMEN OR BOARD:  The Governing Body of the City.

 

CABLE ACT:  Title 47 of the United States Code, Chapter 5, Subchapter V-A, 47 U.S.C. Section 521 et seq., as amended from time to time.

 

CITY:  The City of Crystal Lake Park, Missouri, and its agencies, departments, agents and employees acting within their respective areas of authority.

 

FCC:  The Federal Communications Commission, its designee, or any successor governmental entity thereto.

 

FRANCHISE AGREEMENT:  A contract entered into in accordance with the provisions of this Chapter between the City and a franchisee that sets forth, subject to this Chapter, the terms and conditions under which a franchise will be exercised.

 

FRANCHISE AREA:  The area of the City that a franchisee is authorized to serve by its franchise agreement.

 

FRANCHISE TRANSFER:

 

 

 .1.     "Franchise transfer" shall mean any transaction in which:

 

 .1.a.    Any ownership or other right, title or interest of more than ten percent (10%) in a franchisee or its cable system is transferred, sold, assigned, leased, sublet, mortgaged or otherwise disposed of or encumbered directly or indirectly, voluntarily or by foreclosure or other involuntary means, in whole or in part; or

 

 .1.b.    There is any change in, or substitution of, or acquisition or transfer of control of the franchisee or any person which has more than a ten percent (10%) interest in a franchisee or has responsibility for or control over a franchisee's operations or over the system; or

 

 .1.c.    The rights or obligations held by the franchisee under the franchise are transferred, directly or indirectly, to another person.

 

 .2.     "Control" means the legal or practical ability to direct the affairs of another person, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lesser ownership interest, or in any other manner.

 

 .3.     A rebuttable presumption that a change, acquisition or transfer of control has occurred shall arise upon the acquisition or accumulation of a ten percent (10%) or larger ownership interest by any person or group of persons acting in concert, none of whom already have more than a fifty percent (50%) ownership interest, alone or collectively.

§ 620.020                                                          Regulation Of Cable Systems                                                                 § 620.020

 

 .4.     Notwithstanding the foregoing, "franchise transfer" does not include:

 

 .4.a.    Disposition or replacement of worn out or obsolete equipment, property or facilities in the normal course of operating a cable system, including the renewal or extension of equipment or property leases and contracts; or

 

 .4.b.    Acquisition, transfer, sale or other disposition of leases, licenses, easements and other interests in real property in the normal course of operating a cable system and not involving the relinquishment of any right or power affecting the franchisee's ability to provide services in whole or in part; or

 

 .4.c.    Pledge or mortgage of a franchisee's assets to a financial institution in return for sums necessary to construct or operate (or both) the cable system, provided that such pledge or mortgage and related agreements obligate and limit such financial institution as follows:  Any foreclosure or exercise of lien over the franchise or facilities shall only be by assumption of control over the entire cable system; prior to assumption of control, the institution shall notify the City that it or a designee acceptable to the City will take control of and operate the system and shall submit a plan for such operation insuring continued service and compliance with this Chapter and all franchise obligations during the term the institution exercises such control; and the institution shall not exercise control for longer than one (1) year unless extended by the City for good cause and shall prior to the expiration of such period (as extended) obtain the City's approval of a franchise transfer for the remaining term of the franchise or award of a new franchise to another qualified person pursuant to this Chapter; or

 

 .4.d.    Assignment of the franchise to another entity wholly owned by the franchisee or the owners of the franchisee, provided an owner of the franchisee has guaranteed its obligations under the franchise agreement and the assignment does not affect such guaranty, and the franchisee and guarantor(s) provide signed written notice of such assignment at least thirty (30) days in advance which demonstrates the conditions of this exception have been satisfied.

 

FRANCHISEE:  A person that has been granted a franchise by the City in accordance with this Chapter.

 

GROSS REVENUES:  Any and all cash, credits, property or other consideration of any kind or nature received, directly or indirectly, by a franchisee or its affiliates or any person arising from, attributable to, or in any way derived from the provision of cable service over a cable system, including the studios and other facilities associated therewith, or by the provision of other communications service within the City.  "Gross revenues" include, by way of illustration and not limitation, monthly fees charged subscribers for any basic, optional, premium, per-channel, per-program or other service; installation, disconnection, reconnection, and change-in-service fees; leased channel fees; late fees and processing fees; fees or payments received from programmers for carriage of programming on the system (which does not include contributions to join marketing efforts); revenues from rentals or sales of converters or other equipment; studio rental and production fees; advertising revenues; revenues from program guides; revenues from the sale or carriage of other communications services, including information services and bypass services; and revenues from home shopping and bank-at-home channels.  "Gross revenues" shall not include any franchise fees hereunder or any taxes on services furnished by a franchisee or other person which are imposed directly on any subscriber or user by the United States, the State of Missouri, the City or other governmental unit and which are collected by a franchisee or other person on behalf of said governmental unit.  "Gross revenues" shall not include revenues of another person to the extent

§ 620.020                                                          Crystal Lake Park City Code                                                                 § 620.030

 

already included in the "gross revenues" of one person hereunder or any proceeds from the sale or exchange of the system. "Gross revenues" goods and services which are not provided over the system, even if such goods and services are ordered using the system.  In the event a person receives revenues for operations within and without the City of which no specific portion can be attributed to operations in the City, "gross revenues" with respect to such revenues shall mean the portion thereof derived by multiplying such revenues by a fraction, the numerator of which is the number of subscribers in the City and the denominator of which is the total number of subscribers in the area generating such revenues.

 

NORMAL BUSINESS HOURS:  8:00 A.M. to 5:00 P.M., Monday through Friday.

 

NORMAL OPERATING CONDITIONS:  Those service conditions that are within the control of a franchisee.  Conditions that are not within the control of a franchisee include, but are not limited to, natural disasters, civil disturbances, power outages in excess of two (2) hours in length, telephone network outages, and severe or unusual weather conditions.  Conditions that are within the control of a franchisee include, but are not limited to, special promotions, rate increases, regular peak or seasonal demand periods, maintenance or upgrade of the cable system, and power outages of two (2) hours or less in length.

 

PERSON:  An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation, or other entity, or any lawful successor thereto or transferee thereof, but such term does not include the City.