[Ord. No. 23-09, 8-1-2023]
A.
Method
Of Computation. Sales taxes or any other taxes or fees including copyright
fees which are collected from subscribers by a grantee to be remitted
by the grantee to a governmental agency shall be deducted from the
gross subscriber revenue prior to the computation of the annual franchise
payment. The payment due the City under the provisions of this Chapter
shall be computed and due quarterly, based on the grantee's fiscal
year, with the last quarter payment being adjusted based on the audit
of the grantee's network operation and shall be paid not later than
ninety (90) days after the end of the grantee's fiscal year at the
office of the City Treasurer during its regular business hours. The
payment period shall commence as of the effective date of the franchise.
In the event of a dispute, the City, if it so requests, shall be furnished
a statement of such payment, by a certified public accountant, reflecting
the total amounts of annual gross revenues and the above charges,
deductions and computation for the period covered by the payment.
B.
Video
Service Provider Fee.
1.
Each video service provider shall pay to the City a video service
provider fee in the amount of five percent (5%) of the provider's
gross revenues on or before the last day of the month following the
end of each calendar quarter. The City may adjust the video service
provider fee as permitted in Section 67.2689, RSMo. Each video service
provider is hereby required to file with the Finance Director a sworn
statement showing the gross receipts of such business within the City
in the form prescribed by the Finance Director. For the business transacted
and the gross receipts each quarter, a statement shall be due and
filed by the last day of the month following the end of each calendar
quarter. At the same time the statement is required to be filed, payment
of the tax due on the gross receipts reported in the statement shall
be made to the City at the rate set forth herein.
2.
A video service provider may identify and pass through on a proportionate
basis the video service provider fee as a separate line item on subscribers'
bills.
3.
The City, not more than once per calendar year and at its own cost,
may audit the gross revenues of any video service provider as provided
in Section 67.2691, RSMo. A video service provider shall make available
for inspection all records pertaining to gross revenues at the location
where such records are kept in the normal course of business.
4.
Beginning August 28, 2023, the video service provider fee shall be
four and one-half percent (4.5%) of gross revenues. Beginning August
28, 2024, the video service provider fee shall be four percent (4%)
of gross revenues. Beginning August 28, 2025, the video service provider
fee shall be three and one-half percent (3.5%) of gross revenues.
Beginning August 28, 2026, the video service provider fee shall be
three percent (3%) of gross revenues. Beginning August 28, 2027, the
video service provider fee shall be two and one-half percent (2.5%)
of gross revenues.
C.
Acceptance
By City. No acceptance of any payment by the City shall be construed
as a release or as an accord and satisfaction of any claim the City
may have for further or additional sums payable as a franchise fee
under this Article or for the performance of any other obligation
of the grantee.
D.
Failure
To Make Required Payment. In the event that any franchise payment
or recomputed amount is not made on or before the dates specified
herein, the grantee shall pay as additional consideration:
