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A. A video service provider shall pay to the city a license fee as a percentage of gross revenues for the use of the highways to provide video service within its service area. The license fee shall be paid quarterly on or before the twentieth day of the month following the quarter end, and becomes delinquent on the last business day of that month. If such payment is not made by the next to the last business day of the following month, the city will impose interest at a rate of one and one-half percent per month commencing from the date payment should have been made, unless the payment is subject to a bona fide dispute, and continuing until the payment is made. Fractions of a month shall be considered to constitute a full month for the purpose of computing interest. Any offset of fees and costs against the license fee and transactional privilege taxes permitted under state or federal law shall be itemized with each quarterly payment.

B. The total of the rates of the license fee and the transaction privilege taxes imposed shall be five percent of gross revenues, and such license fee shall be imposed equally and uniformly on all video service providers and holdover cable operators.

C. Except as otherwise provided by federal law, if a video service provider offers video service bundled with other services that are not video service for a single discounted price, all of the following apply:

1. The method that the video service provider uses to determine gross revenue subject to license fees by allocating the single discounted price among the bundle of video service and nonvideo services shall be reasonable and supported by the video service provider’s books and records.

2. For the purpose of meeting the video service provider’s burden of proof, the video service provider shall use an objective and verifiable method of calculating the license fee, using the books and records that the video service provider kept in the regular course of business for other purposes, including nontax purposes.

3. A video service provider may not use bundled offerings as a means to evade paying license fees. [Ord. 19-14 § 1; Res. 19-59; Code 2004 § 20-13.]