It is unlawful to conduct a sale of goods, wares, merchandise
or personal property by or at auction within the City without first
securing from the Finance Director a permit to conduct an auction
sale.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Each application for a permit to conduct an auction sale within
the City must be filed with the Finance Director at least ten days
prior to the date of the proposed auction sale and shall contain or
be accompanied by a sworn statement by the applicant showing the inventory
on hand and the items of personal property to be offered, or which
may be offered, at such auction sale. Such statement shall designate
a number for each such item, and the cards or labels which are to
be attached to said respective items as required in this Section shall
contain the same respective numbers for such items as are indicated
therefor upon such inventory.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The permit issued for the respective fees set forth in this
Section shall authorize the conducting of the respective sales therein
upon the days mentioned in the application; provided, however, that
all sales made under such permit must be made within the period of
thirty consecutive days including and following the first day of sale
specified in the permit. If the sale is not completed within said
thirty-day period, the permittee shall have the right to renew the
said permit for an additional period of thirty days immediately following
said first period upon payment of an additional fee which shall be
equal to one-half of the original fee paid for such permit; but the
Finance Director shall not issue any such permit for a longer period
than a combined total of sixty days.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Any person commencing or conducting a sale of goods, wares,
merchandise or personal property by or at auction within the City,
shall furnish a surety bond in the principal sum of $5000 conditioned:
(1)
Upon
the observance by applicant of all the provisions of this Section
relating to such auction sales;
(2)
Upon
the truth of all the representations made in connection with the application
for such permit;
(3)
Upon
the truth of all the representations made in the course of any auction
sale; and
(4)
As
a guarantee that the purchase price of any article purchased at such
sale will be returned to any purchaser upon the proof that any false
or misleading statement or representation has been made concerning
any personal property sold or offered for sale at any such auction
sale or in said auction place of business.
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Said bond by its terms shall be made to inure to the benefit
of any person injured or aggrieved as a result of such sale or any
purchase made thereat, and shall provide that any such injured or
aggrieved person shall have the right of independent action thereon
for a period of sixty days from and after the day upon which the purchase,
act, statement or representation was made which constitutes the basis
of such action.
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Every person conducting an auction sale in the City, including
those persons exempted from paying a permit must file with the Finance
Director a full, true and correct inventory of all items of personal
property to be offered for sale at said sale. No addition of any property
or of any item of property shall be made to the stock of personal
property set forth in the said inventory before or during any auction
sale licensed hereunder. At such sale any item or items listed upon
such inventory or statement may be sold, but no items not listed therein
shall be sold at such place.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The Finance Director and the Chief of Police, either personally
or through their representatives, shall have the right to be present
as official observers, representing the City, at any and all such
auction sales, for the purpose of seeing that no personal property
is sold thereat except such as is included in the inventory so filed;
and such officers or their said representatives shall have the power
to prevent the sale of any item or items not included in such inventory.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The permittee at any such auction, by offering any merchandise
or personal property for sale thereat, shall thereby warrant that
all representations made with reference to such merchandise or personal
property in the course of such sale are true and correct.
It shall be unlawful for any person carrying on any auction
sale to have any confederate or use any person as a false bidder.
Each item of personal property offered for sale at any such
auction sale shall have a card or label attached thereto containing
a true and correct statement specifying the kind and quality of such
item, and such tag shall accompany and be delivered with each item
sold at the time of delivery thereof to the purchaser.
It shall be unlawful to conduct or open any place of business
for auction sale between the hours of 6:00 p.m. of any day and 8:00
a.m. of the following day, or to open or conduct any place of business
for auction sale on Sundays or legal holidays, or to conduct or open
any place of business for auction sales during the month of December
of any year, provided, however, that the provisions of this Section
prohibiting auction sales during the month of December shall not apply
to the sale at auction, at its plant, of the machinery and appurtenances
thereof, appliances, fixtures, equipment and related items normally
used in connection with such enterprise, of a manufacturing company
in business at such location continuously for a period of not less
than one year, but not including manufactured items or parts thereof
or raw materials used in connection therewith.
At all times during the conduct of the auction sale, a police
officer shall be present, and before commencing selling each day,
the permittee shall have deposited with the Finance Director a sum
sufficient to pay the salary of a police officer during the period
the sale is in progress.
Exception: Permanent auction houses may either utilize private
security guard(s), in lieu of a police officer, as a specified condition
of the auction permit, or have the requirement for security personnel
at the auction house waived, if the Chief of Police can determine
that the nature of items being auctioned will not warrant such security.
(Ord. 96-17 9-10-96; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The regulations governing incidental auction sales shall also
govern the business of operating an auction house excepting the provisions
relating to the filing of an inventory and to the hours and days of
operation.
(Ord. 96-17 9-10-96)
The procedures governing revocation of permits generally pursuant
to Article 3 of this Chapter shall govern proceedings of revocation
of auction permits.
It shall be unlawful to publish or conduct any sale of the type
herein defined without first obtaining a permit therefor from the
Finance Director.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Unless the particular provision or the context otherwise requires,
the definitions contained in this Section shall govern the construction,
meaning, and application of the words and phrases defined, and their
derivatives and derivatives therefrom wherever applicable, whenever
used in this Section.
shall mean any and all means, whether oral, written, lettered
or printed, used for conveying to the public, notice of the conduct
of a sale as defined herein, or notice of intention to conduct such
sale, including, but not limited to, oral or written announcements
by proclamation or outcry, newspaper advertisement, magazine advertisement,
handbill, written or printed notice, printed display, billboard display,
poster, and radio announcement.
shall mean:
Any sale of or any offer to sell to the public, or any group
thereof, goods, wares or merchandise on order, in transit, or in stock,
in connection with a declared purpose as set forth by advertising
that such sale is anticipatory to or to avoid the termination, liquidation,
revision, windup, discontinuance, removal, dissolution or abandonment
of the business or that portion of the business conducted at any location;
and
All sales advertised in any manner calculated to convey to the
public the belief that upon the disposal of the goods to be placed
on sale, the business or that portion thereof being conducted at any
location will cease, be removed, be interrupted, discontinued or changed;
and
All sales advertised to be "Adjuster's Sale," "Adjustment Sale,"
"Assignee's Sale," "Bankrupt Sale," "Benefit of Administrator's Sale,"
"Benefit of Creditors' Sale," "Benefit of Trustees' Sale," "Building
Coming Down Sale," "Closing Sale," "Closing Out Sale," "Creditor's
Sale," "Damaged Goods Sale," "End Sale," "Executors' Sale," "Final
Days Sale," "Fire Sale," "Forced Out Sale," "Forced Out of Business
Sale," "Forced to Move Sale," "Insolvent Sale," "Insurance Salvage
Sale," "Last Days Sale," "Lease Expires Sale," "Lease Expiring Sale,"
"Liquidation Sale," "Loss of Lease Sale," "Mortgage Sale," "Outselling
Sale," "Receiver's Sale," "Removal Sale," "Re-organization Sale,"
"Salvage Sale," "Selling Out Sale," "Smoke Sale," "Smoke and Water
Sale," "Trustee's Sale," "Quitting Business Sale," "Wholesale Closing
Out Sale," "We Quit Sale," "We Give Up Sale," "Fixtures for Sale,"
or advertised by any other expression or characterization closely
similar to any of the foregoing and calculated to convey the same
meaning; and
All sales advertised in a manner calculated to indicate that
the goods, wares, or merchandise to be sold, or any part thereof,
have been involved in any business failure or have been derived from
a business which has failed, been closed, discontinued or liquidated;
and
All sales accompanied by notice or advertising indicating that
the premises are available for purchase or lease or are otherwise
to be vacated; and
All sales accompanied by advertising indicating a business emergency
or failure affecting the seller or any previous holder of the goods
to be disposed of.
The following regulations shall govern applications:
(1)
No
permit to conduct a sale as defined herein shall be granted except
upon written application to the Finance Director at least ten days
before the sale is to commence, signed and verified before a person
authorized to administer oaths, by the person who intends to conduct
sale or, in the case of a corporation, by an officer and the manager
of the store, and each application shall set forth and contain the
following:
(a)
Street address and type of building where such sale is to be held;
(b)
The nature of the occupancy, whether by ownership, lease or sublease,
and if by lease or sublease, the effective date of the termination
of such tenancy and the name of the owner.
(c)
A copy of all advertisements proposed to be used in connection with
such sale, and a statement of the means or methods of advertising
to be used in advertising such sale;
(d)
The facts in regard to the insurance, bankruptcy, insolvency, assignment,
mortgage foreclosure, administration, receivership, trusteeship, removal,
executorship removal, or other cause advertised to be the reason for
the proposed sale;
(e)
An inventory or statement, in such form and in such detail as the
Finance Director may require, setting forth the amount and description
of goods, wares and merchandise to be sold at such sale, and, when
required by the Finance Director, the date of acquisition of such
goods, wares or merchandise, and the persons from whom obtained and
the place from which said goods were last taken.
(f)
If the sale implies that the business is closing, a statement that
the applicant intends to close and remove from the premises and the
time when he intends to do so.
(2)
The
Finance Director may require that all goods, wares and merchandise
listed upon the inventory or statement shall be so described in detail
that the identity of such goods with the goods listed on such inventory
can be readily determined. The Finance Director may require that each
item listed on the inventory have a label or tag securely attached
thereto, on which there is written or printed a number corresponding
with that item on the inventory.
(3)
Upon
the filing of the application, the Finance Director may make or cause
to be made an examination, audit or investigation of the applicant
and his affairs, in relation to the proposed sale.
(4)
No
permit shall be issued if any one or more of the following facts or
circumstances are found to exist:
(a)
That applicant was granted a permit for a "closeout" type of sale
within two years preceding the date of the filing of this application.
(b)
That the inventory included merchandise purchased by the applicant
or added to his stock in contemplation of such sale and for the purpose
of selling the same at such sale. For the purpose of this subparagraph,
any unusual addition to the stock of such merchandise made within
sixty days prior to the filing of such application shall be prima
facie evidence that such addition was made in contemplation of such
sale and for the purpose of selling the same at such sale.
(c)
The acquisition by applicant of a bankrupt stock of goods or similar
merchandise lot from another area within six months of application.
(d)
That any representation made in the application is false.
(e)
That the applicant has not operated as a retail merchant at that
location for at least ninety days prior to date of sale.
(f)
That the inventory is incomplete.
(g)
That the advertising set forth is false, fraudulent, deceptive or
misleading in any respect.
(h)
That the methods to be used by the applicant in conducting the sale
are such as, in the opinion of the Finance Director, will work a fraud
upon the purchasers.
(i)
The applicant or other persons connected with the sale are morally
unfit or have been convicted of a crime involving moral turpitude.
(5)
The
Finance Director may refuse a permit because of the insufficiency
of the information set forth in the application, but in such event
the Finance Director shall grant the applicant permission to file
an amended application.
(6)
No
application, however, shall be denied unless an opportunity for a
hearing has been given the applicant. Notice of the hearing shall
be effected by personal delivery of the notice to the applicant or
by depositing in the United States mail such notice, addressed to
the applicant at his or her address given in the application.
(7)
No
application for any such permit shall be accepted by the Finance Director
for filing unless accompanied by the permit fee prescribed and required
by this Chapter.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-08)
The following regulations shall govern the issuance of permits:
(1)
Each
permit issued under the provisions of this Section shall have printed,
written or stamped on the face thereof, the following:
"This permit is granted by the Finance Director and accepted
by the permittee, its officers, agents, and employees, upon the condition
that such permittee comply with and abide by all the provisions of
the Inglewood Municipal Code,"
With a line thereunder for signature by the permittee and a
witness.
At the time of the delivery of said permit such statement must
be signed by the permittee, or an officer or manager, in the presence
of the Finance Director or one of his or her deputies.
(2)
Any
permit issued shall authorize the type of sale named in the application,
at the place named therein, for a period of not more than thirty calendar
days, and shall only permit the sale of goods which are set out in
said application, all of which goods throughout the duration of the
sale must be definitely separated from any other goods displayed at,
or within the store or place of business, and all advertising, signs
or notices referring to, or calling attention to the sale, must be
confined to the display, or displays, of goods involved in the sale.
Provided, however, that the Finance Director may, upon verified
application renew said permit for a period not to exceed thirty days
upon payment of a renewal fee as provided under the provisions of
this Chapter, and provided further, that in cases where the necessity
to terminate business operations has been caused by direct action
of the City or any of its authorized agencies to acquire the property
in which the business is located, and the final date of acquisition
is uncertain, the Finance Director may, upon verified application,
grant such additional renewals of thirty days each as in his discretion
are reasonable under the circumstances. Such verified petition for
renewal shall set forth a complete list of goods listed in the original
application and remaining unsold, and shall not contain any merchandise
not named in such original application. Upon receipt of such application
for renewal, the Finance Director may cause an investigation to be
made at once, and if satisfied of the truth of the statement therein
contained, the Finance Director may grant such renewal which shall
be endorsed and signed as provided for the original permit.
(3)
The
permit shall be valid only for the advertising, representation and
sale of the particular personal property described in the original
application, and at the time and place stated therein, and by the
applicant, and any replenishment or substitution of such merchandise
or change of time or place for such sale, or change of person conducting
the sale, shall be unlawful and shall render such permit void. No
person in contemplation of conducting any sale, or during the continuance
of such a sale, shall order any goods, wares or merchandise for the
purpose of selling them at such sale.
(4)
Each
sale of merchandise that was not inventoried and described in the
original application shall constitute a separate offense under this
Section.
(5)
Removal
of any merchandise inventoried and described in the application from
the place of sale mentioned in such application shall cause such goods
to lose their identity as the stock of any of the sales defined herein,
and no permit thereafter will be issued for the conducting of a sale
of any such merchandise in such manner as to identify them with the
store, store name, store owner or location referred to in the original
application.
(6)
During
the course of any type of closing out sale, no orders shall be taken
for purchase of items not listed in the inventory submitted with the
application.
(7)
Suitable
books and records shall be kept by the permittee and shall at all
times be available to the inspector or investigator. At the close
of business each day the stock list attached to the application shall
be revised and the items disposed of during such day shall be indicated
thereon.
(8)
The
Finance Director is empowered to make such rules and regulations for
the conduct and advertisement of such sale or special sale as in his
opinion will serve to prevent deception and to protect the public.
(9)
Throughout
the duration of any sale, the permit issued by the Finance Director
shall be prominently displayed near the entrance to the premises.
A duplicate original of the application and stock list pursuant to
which such permit was issued shall at all times be available to said
Finance Director, or to his or her inspector and investigators, and
the permittee shall permit such inspector and investigators to examine
all merchandise in the premises for comparison with such stock list.
(10)
No
sale of jewelry shall be conducted unless there is present at the
location of the sale an inspector appointed by the Finance Director.
The applicant shall pay the actual cost of keeping an inspector present
at such sale. In addition to the filing fee, the applicant for a permit
which includes the sale of jewelry shall deposit with the Finance
Director, before the sale begins, a sum equal to the estimated cost
of the inspector during the course of the sale.
(11)
If
the applicant operates similar businesses at more than one location,
any sale, as defined herein, shall include only such goods, wares,
and merchandise as are usually carried in stock at the location of
the sale.
(Ord. 2252 3-16-76; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
The following regulations shall govern the revocation of going
out of business permits.
(1)
The
Permits and License Committee shall have the power to revoke any permit
granted pursuant to this Section whenever any sale is being conducted
in violation of any of the provisions of this Section or in such manner
as to deceive or defraud the public, or if:
(a)
The holder of any such permit has made any material misstatement
in the application for such permit;
(b)
The holder has been guilty of any fraudulent practice, or practices,
in the conduct of the sale authorized by such permit;
(c)
The holder has failed to include in the inventory required by the
provisions of this Section, the merchandise required to be contained
in such inventory;
(d)
The holder has added, caused to be added, or permitted to be added
any goods, wares or merchandise not described in the original inventory
filed with the Finance Director before such sale is commenced; and
provided further, that the court order or judgment expressly provides
that the property be sold at public auction;
(e)
The holder has violated any of the provisions of this Section or
of the laws pertaining to advertising.
(2)
No
permit shall be revoked for any cause above enumerated until a written
complaint has first been filed with the Finance Director setting forth
the charge made against the permittee. Such complaint shall be verified
by the declaration of the person making the charge. Service of such
complaint and notice of hearing shall be done by depositing the same
in the United States mail, addressed to the applicant at his or her
address given in the application. Such notice and copy of the complaint
shall be served or given to the permittee at least five days and not
more than ten days prior to the date set for said hearing. At any
such hearing the permittee shall be given an opportunity to be heard
and defend himself or herself, and he or she may call witnesses in
his behalf. After conducting such hearing, the Permits and License
Committee may suspend or revoke the permit. If the violations which
form the basis of such complaint continue after notification to the
permittee, the Committee may suspend the permit until the hearing
to consider the revocation of the permit. Such suspension shall be
effective immediately upon giving notice thereof to the person in
charge at the location of the sale. During such suspension, no person
shall conduct any sale of the type herein defined.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
No fee required under this Section and Section 8-57 need be paid for:
(1)
Auction
for public sales of the household goods, livestock or farming implements
of the owner thereof at the domicile of such owner; or of any of the
assets of the estate of a decedent; or to the sale, by the owner thereof,
of real or personal property upon which his or her home, domicile
or business is located.
(2)
Any sale
to enforce a possessory lien arising in law.
(3)
The sale
of property belonging to the United States of America, or the State
of California, or the County of Los Angeles, or the City of Inglewood
or any other government agency.
(4)
Any sale
of property pursuant to the authority of any process issued by a duly
constituted city, county, state or Federal court, commission or body;
provided that there is on file in the proceeding before such court,
commission or body, an inventory of the property to be sold and a
certified copy of said inventory is filed with the Finance Director
before such sale is commenced; and provided further, that the court
order or judgment expressly provides that the property be sold at
public auction.
(5)
Any sale
of any livestock at auction when conducted on premises included within
any racing enclosure which has been licensed under the provisions
of the California Horse Racing Act.
(6)
Any sale
of real or personal property covered or encumbered by any bona fide
chattel mortgage or deed of trust when such sale is held or conducted
as an actual part of foreclosure proceedings pursued under the provisions
of any such bona fide chattel mortgage, or real property mortgage
or deed of trust.
(7)
Any sale
of property made necessary by direct action of the City or any of
its authorized agencies to acquire the property in which the items
to be sold are located.
(Ord. 1451 4-7-59; Ord. 1569 1-31-61; Ord. 2252 3-16-76; Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
It shall be unlawful to conduct a bankruptcy stock sale without
obtaining beforehand a permit from the Finance Director. Applications
for permits shall contain the information required of permits generally
of the type involved and include therein an inventory of the stock
proposed to be sold.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Any permit issued pursuant to this Section may be suspended
without notice or hearing for a period of ten days by the Finance
Director if he or she ascertains that the statements made in the application
are not true or that any aspect of the sale is misleading, false or
in any other respect contrary to the permit. During said period of
suspension revocation proceedings may be instituted in the manner
provided in Article 3 of this Chapter.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
It shall be unlawful to conduct, maintain, operate or advertise
at retail any fake sale of goods, or personal property within the
City.
For the purpose of this Section a fake sale is hereby defined
as the sale, or offering for sale, of goods, wares or merchandise:
(1)
To
agents, or any other persons purchasing the same for or on behalf
of the owner or other person interested in the sale thereof;
(2)
In
limited quantity or quantities of less than the full amount of such
merchandise, owned or carried in stock by the person offering the
same for sale;
(3)
Of
a different quality, or brand, and/or bearing a different trade mark
as a substitute for merchandise previously advertised for sale;
(4)
Misrepresented
as to quantity, quality, brand or otherwise; or
(5)
Which
is contingent upon the concurrent purchase or sale of any other article.
It shall be unlawful to transact the business of an auto wrecker
within the City for the purpose of buying or selling wrecked or used
automobiles or vehicles, or any parts or accessories therefor, between
the hours of 7:00 p.m. of any Saturday and 7:00 a.m. of the following
Monday, or on any other day except between the hours of 7:00 a.m.
and 7:00 p.m. of such day.
[1]
See Vehicle Code Section 11514, 1662 & 22710.
The provisions of this Section shall not apply to:
(1)
The
purchase or sale by junk dealers or junk collectors of rags, bottles
(other than milk or cream bottles), secondhand sacks (other than cement
sacks), barrels, cans, shoes, lamps, stoves or household furniture
(with the exception of sewing machines and all musical instruments
or any item to which the manufacturer thereof has assigned a serial
number); or
(2)
The
purchase or sale by second-hand dealers of household furniture (with
the exception of sewing machines, all musical instruments, typewriters,
or any other item to which the manufacturer thereof has assigned a
serial number); or
(3)
The
receipt or sale of a second-hand article by any person that received
such second-hand article as part payment of a new article, if such
person is the authorized representative or agent of the manufacturer
of the new article sold.
Any license issued to carry on any of the businesses designated
in this Section may be revoked by the Permits and License Committee
upon evidence satisfactory to said Committee of any fraud, false advertising,
unfair business practice, wilful breach of contract, other misdealing
by the licensee in the conduct of such business or any wilful violation
of this Section.
The following regulations shall govern the operation or conduct
of card clubs. social card clubs, card schools and like activities.
It shall be unlawful for any person to maintain, operate or
conduct directly or indirectly any social card club room without first
having obtained a permit so to do from the Permits and Licenses Committees.
It shall be unlawful to maintain, operate or conduct directly
or indirectly any card room or card school without first having obtained
a permit so to do from the Permits and Licenses Committee.
No permit, as required herein, shall be issued or granted to
any person operating or maintaining a room which has more than one
door to be unlocked to gain admission; or which has an entrance equipped
with a transparent mirror or controlled lighting so that persons inside
the premises can see outside but persons outside said premises cannot
see inside; or which has any kind of buzzer system or signal system
which can be used to warn or give warning of the approach of any police
officer to any person or persons in or about such premises; or which
has any impediment or device installed or available which would prevent
or make difficult the inspection of said premises in its entirety
by law enforcement officers at any time when such premises are being
used.
Applications for permits shall conform to the procedural and
substantive regulations of this Section with the Permits and Licenses
Committee acting as issuing body for said application. In addition,
the applicant shall file, together with the application, a building
plan of the premises subject to the permit, with all of the points
of ingress and egress clearly marked thereon and including each room
in said premises.
In addition to the other application requirements set forth
in this Code, the Permits and Licenses Committee may consider as a
grounds for denial of any application, the following:
(1)
Any
person, who has been convicted of any felony or any crime or violation
involving gambling or narcotics in any Federal, state or municipal
court within ten years prior to the date on which application for
permit is made;
(2)
Any
firm, corporation, association or other organization, non-profit or
profit, officers, directors or managers that have been convicted of
any offense concerning gambling or narcotics in any Federal, state
or municipal court within ten years prior to the date on which the
application for permit is made; or have been convicted of any felony.
Before granting any permit for which application has been made,
the Chief of Police or his officers shall visit and inspect the premises
where the applicant proposes to operate or continue to operate.
No permit issued under the terms of this Article shall be transferable
from one place to another other than the address or person originally
issued by the Permits and Licenses Committee.
The provisions of this Chapter shall not apply to the following
persons or organizations:
(1)
Any
recreational, social or amusement enterprise or facility which is
operated by a municipal, state or Federal governmental body.
(2)
Any
non-profit fraternal, civic, religious or homeowners organization
operating within the City at the time of the effective date of this
ordinance and which has been licensed to operate for two years prior
thereto.
(3)
Any
resident entertaining others in a home located in a residential zone.
All permittees shall keep an accurate set of books showing the
income and expenditures of or for such amusement, recreational, social
activities; operated, conducted, or maintained on the permitted premises.
A permit fee of $50 shall be paid at the time that the first
application for a permit is submitted. Thereafter an annual renewal
fee of $25 shall be payable.
(Ord. 2453 9-20-83)
Any person who knowingly plays cards for money, or who engages
in any social, recreational or amusement activities for money, in
a premises which does not have a valid permit issued by the City of
Inglewood in accordance with the provisions hereof shall be guilty
of a misdemeanor and upon conviction thereof shall be punishable by
a fine of not more than $500 or imprisonment in the County Jail for
not more than six months, or by both such fine and imprisonment.
The operation or maintenance of a room or premises without a
permit, or contrary to the provisions thereof, shall be deemed to
interfere with the comfortable enjoyment of life and property by the
residents of the City of Inglewood, be contrary to the public welfare
and is hereby declared to be a public nuisance and shall be subject
to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
(Ord. 1991 4-11-69)
This Section 8-63 et seq., of Chapter 8 of the Inglewood Municipal Code is known and may be cited as the "Cable, Video, and Telecommunications Service Providers Ordinance" of the City of Inglewood.
(Ord. 07-11 6-5-07)
[1]
Prior ordinance history: 2006, 2341, 2348, 96-21, 03-19, 07-08.
This Section is enacted by the City of Inglewood pursuant to
the Communications Act, the City's police powers under its Charter,
its authority to control the use of the public rights-of-way within
the City, and all other applicable laws.
(Ord. 07-11 6-5-07)
(a)
"Administrative Officer"
"Affiliate"
"Cable service"
"Cable system," or "cable communications system" or "cable television
system,"
(1)
(2)
(3)
(4)
(5)
"Cable system operator" or "cable operator"
"CFR"
"City"
"Communications Act"
"CPUC" or "PUC"
"FCC" or "Federal Communications Commission"
"Franchise"
"Franchise fee"
(1)
(2)
(3)
(4)
"Franchise service area" or "service area"
"Grantee"
"Gross Revenues" or "Gross Receipts."
(1)
(2)
(3)
(4)
"Gross Revenue"
(1)
(2)
"Gross Receipts"
"Gross Revenue"
"Multichannel video programming distributor" or "video programming
distributor"
"Open video system"
"Open video system operator"
"Person"
"Public, educational or government access facilities," "PEG
access facilities," or "PEG access"
"Subscriber" or "customer" or "consumer"
"State video franchise"
"State franchise holder"
"Street" or "public right-of-way"
"Telecommunications"
"Telecommunications equipment"
"Telecommunications service"
"Telecommunications service provider"
"_____ U.S.C. § _____"
"Video programming provider"
"Video provider"
For
the purposes of this Section, the words, terms, phrases, and abbreviations
have the meanings set forth below. When not inconsistent with the
context, words used in the present tense include the future tense,
and words in the singular include the plural number.
means the Administrative Officer of the City of Inglewood,
or the Administrative Officer's designee.
means, when used in relation to any person, another person
who owns or controls, is owned or controlled by, or is under common
ownership or control with, such person.
means the one-way transmission to subscribers of video programming,
or other programming services, and subscriber interaction, if any,
that is required for the selection or use of that video programming
or other programming service. For the purposes of this definition,
"video programming" means programming provided by, or generally considered
comparable to programming provided by, a television broadcast station;
and "other programming service" means information that a cable system
operator makes available to all subscribers generally.
means a facility, consisting of a set of closed transmission
paths and associated signal generation, reception and control equipment
that is designed to provide cable service that includes video programming
and that is provided to multiple subscribers within a community. The
term "cable system" does not include:
A facility that serves only to retransmit the television signals
of one or more television broadcast stations; or
A facility that serves subscribers without using any public
rights-of-way; or
A facility of a common carrier that is subject, in whole or
in part, to the provisions of Title II of the Communications Act,
except that such facility will be considered a cable system (other
than for purposes specified in Section 621(c) of the Communications
Act) to the extent such facility is used in the transmission of video
programming directly to subscribers, unless the extent of such use
is solely to provide interactive on-demand services; or
an open video system that complies with Section 653 of the Communications
Act; or
Any facilities of an electric utility that are used solely for
operating its electric utility system.
means any person or group of persons:
means the Code of Federal Regulations. Thus, the citation
of "47 CFR 80.1" refers to Title 47, part 80, section 1, of the Code
of Federal Regulations.
means the City of Inglewood, California as represented by
its City Council or by any delegate acting within the scope of its
delegated authority.
means the Communications Act of 1934 (47 U.S.C. §§ 153,
et seq.), as amended by the Cable Communications Policy Act of 1984,
the Cable Television Consumer Protection and Competition Act of 1992,
and the Telecommunications Act of 1996.
means the California Public Utility Commission.
means the Federal administrative agency, or any lawful successor,
that is authorized to regulate cable and telecommunications services
and cable and telecommunications service providers on a national level.
means a local cable franchise granted by the City Council,
unless otherwise specified.
means any fee or assessment of any kind that is authorized
by state or Federal law to be imposed by the City on a Grantee as
compensation in the nature of rent for the Grantee's use of the public
rights-of-way. The term "franchise fee" does not include:
Any tax, fee or assessment of general applicability (including
any such tax, fee, or assessment imposed on both utilities and cable
operators or their services, but not including a tax, fee or assessment
which is unduly discriminatory against cable operators or cable subscribers);
Capital costs that are required by the franchise to be incurred
by a Grantee for public, educational, or governmental access facilities;
Requirements or charges that are incidental to the award or
enforcement of the franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification, penalties, or
liquidated damages; or
Any fee imposed under Title 17, United States Code.
means the entire geographic area of the City as it is now
constituted, or may in the future be constituted, unless otherwise
specified in the ordinance or resolution granting a franchise, or
in a franchise agreement.
means any person that is awarded a franchise in accordance
with this Section, and that person's lawful successor, transferee,
or assignee.
For holders of state video franchises the following definition
applies: "gross revenues" means all revenue actually received by the
holder of a state franchise, as determined in accordance with generally
accepted accounting principles, that is derived from the operation
of the holder's network to provide cable or video service within the
jurisdiction of the local entity, including all of the following:
All charges billed to subscribers for any and all cable service
or video service provided by the holder of a state franchise, including
all revenue related to programming provided to the subscriber, equipment
rentals, late fees, and insufficient fund fees.
Franchise fees imposed on the holder of a state franchise by
this Section that are passed through to, and paid by, the subscribers.
Compensation received by the holder of a state franchise that
is derived from the operation of the holder's network to provide cable
service or video service with respect to commissions that are paid
to the holder of a state franchise as compensation for promotion or
exhibition of any products or services on the holder's network, such
as a "home shopping" or similar channel, subject to paragraph (4)
of this subsection.
A pro rata portion of all revenue derived by the holder of a
state franchise or its affiliates pursuant to compensation arrangements
for advertising derived from the operation of the holder's network
to provide video service within the jurisdiction of the local entity,
subject to paragraph (1) of this subsection. The allocation shall
be based on the number of subscribers in the local entity divided
by the total number of subscribers in relation to the relevant regional
or national compensation arrangement.
set forth in this subsection does not include any of the
following:
Amounts not actually received, even if billed, such as bad debt;
refunds, rebates, or discounts to subscribers or other third parties;
or revenue imputed from the provision of cable services or video services
for free or at reduced rates to any person as required or allowed
by law, including, but not limited to, the provision of these services
to public institutions, public schools, governmental agencies, or
employees, except that forgone revenue chosen not to be received in
exchange for trades, barters, services, or other items of value shall
be included in gross revenue.
Revenues received by any affiliate or any other person in exchange
for supplying goods or services used by the holder of a state franchise
to provide cable services or video services. However, revenue received
by an affiliate of the holder from the affiliate's provision of cable
or video service shall be included in gross revenue as follows:
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For holder of franchises granted prior to December 31, 2006,
the following definition applies: Gross Annual Receipts (grantee)
shall mean any and all compensation and other consideration in any
form whatever and any contributing grant or subsidy received directly
or indirectly by a Grantee from subscribers or users in payment for
television or FM radio signals or service received within the City.
Gross Annual Receipts shall not include any taxes on services furnished
by the Grantee imposed directly on any subscriber or user by any city,
state or other governmental unit and collected by the Grantee for
such governmental unit. Note, for Time Warner, the definition for
Gross Receipts differs as follows, pursuant to Section 2 of the 1971
Franchise Agreement which states:
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means all monies received by Grantee attributable to the
operation of the Grantee's business within the City of Inglewood and
derived by the Company from all services generated by the System Facilities
including, but not limited to, charges to Subscribers for Basic, Premium
Programming, FM Services, installation charges, any and all revenue
received from Subscribers for use of the System Facilities for the
transmission of electronic or microwave impulses.
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For holders of any local franchise that may be granted, extended,
or renewed pursuant to Federal law after December 31, 2006 the following
definition applies.
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means all revenue, that is received, directly or indirectly,
by Grantee from or in connection with the distribution of any cable
service within the franchise service area, and any other service provided
within the franchise service area that may, under existing or future
Federal law, be included in the Communications Act definition for
the purpose of calculating and collecting the maximum allowable franchise
fee for operation of the system, whether or not authorized by any
franchise, including, without limitation, leased or access channel
revenue received, directly or indirectly, from or in connection with
the distribution of any cable service. It is intended that all revenue
collected by the Grantee from the provision of cable service over
the system, whether or not authorized by the franchise, be included
in this definition. Gross revenue also specifically includes any revenue
received, as reasonably determined from time to time by the City,
through any means that is intended to have the effect of avoiding
the payment of compensation that would otherwise be paid to the City
for the franchise granted, including the fair market value of any
nonmonetary (i.e., barter) transactions between Grantee and any person,
but not less than the customary prices paid in connection with equivalent
transactions. Gross revenue also includes any bad debts recovered,
payments received for the lease or license to third parties of excess
capacity in fiber optic cables or similar transmission facilities,
and all revenue that is received by Grantee, or its subsidiaries or
affiliated companies, directly or indirectly, from or in connection
with the distribution of any service over the system or the conduct
of any service-related activity involving the system, including without
limitation revenues derived from advertising sales, the sale of products
or services on home shopping channels, and the sale of program guides.
Gross revenue does not include: (1) the revenue of any person to the
extent that such revenue is also included in the gross revenue of
Grantee; (2) taxes imposed by law on subscribers that Grantee is obligated
to collect; (3) amounts that must be excluded pursuant to applicable
law; bad debt; and (4) deposits and refunds.
means a person such as, but not limited to, a cable system
operator, an open video system operator, a multichannel multipoint
distribution service, a direct broadcast satellite service, or a television
receive-only satellite program distributor, who makes available multiple
channels of video programming for purchase by subscribers or customers.
means a facility consisting of a set of transmission paths
and associated signal generation, reception and control equipment
that is designed to provide cable service, including video programming,
and that is provided to multiple subscribers within the City, provided
that the FCC has certified that such system is authorized to operate
in the City and complies with 47 CFR 1500 et seq., titled "Open Video
Systems."
means any person or group of persons who provides cable service
over an open video system and directly or through one or more affiliates
owns a significant interest in that open video system, or otherwise
controls or is responsible for the management and operation of that
open video system.
means an individual, partnership, limited liability company,
association, joint stock company, trust, corporation or governmental
entity.
means the total of the following:
means any person who, for any purpose, subscribes to the
services provided by a multichannel video programming distributor
and who pays the charges for those services.
means a state franchise to provide video services issued
by the California Public Utilities Commission pursuant to the Digital
Infrastructure and Video Competition Act of 2006.
means a person which holds a state video services franchise
issued by the California Public Utilities Commission pursuant to the
Digital Infrastructure and Video Competition Act of 2006.
means each of the following that has been dedicated to the
public and maintained under public authority or by others and is located
within the City limits: streets, roadways, highways, avenues, lanes,
alleys, sidewalks, easements, rights-of-way and similar public property
that the City from time to time authorizes to be included within the
definition of a street.
means the transmission, between or among points specified
by the user, of information of the user's choosing, without change
in the form or content of the information as sent and received.
means equipment, other than customer premises equipment,
used by a telecommunications service provider to provide telecommunications
service, including software that is integral to that equipment.
means the offering of telecommunications directly to the
public for a fee, or to such classes of users as to be effectively
available directly to the public, regardless of the equipment or facilities
that are used.
means any provider of telecommunications service.
means the United States Code. Thus, the citation of "47 U.S.C.
§ 153" refers to Title 47, section 153, of the United States
Code.
means any person or group of persons who has the right under
the Federal copyright laws to select and to contract for the carriage
of specific video programming on a cable system or an open video system.
means any person, company, or service that provides one or
more channels of video programming to a residence, including a home,
multi-family dwelling complex, congregate-living complex, condominium,
apartment or mobile home, where some fee is paid for that service,
whether directly or as included in dues or rental charges, and whether
or not public rights-of-way are used in the delivery of that video
programming. A "video provider" includes, without limitation, providers
of cable television service, open video system service, master antenna
television, satellite master antenna television, direct broadcast
satellite, multipoint distribution services and other providers of
video programming, whatever their technology.
(b)
Unless
otherwise expressly stated, words, terms, phrases, and abbreviations
not defined in this Section will be given their meaning as used in
Title 47 of the United States Code, as amended, and, if not defined
in that Code, their meaning as used in Title 47 of the Code of Federal
Regulations.
(Ord. 07-11 6-5-07)
It is unlawful for any person to construct, install, maintain,
or operate a cable television system within any street or public way
in the City without first obtaining a franchise under the provisions
of this Section or, if applicable, under the provisions of the Digital
Infrastructure and Video Competition Act of 2006; provided, however,
that any cable operator authorized to provide cable service under
a franchise granted by the City prior to the effective date of the
ordinance codified in this Section may continue to exercise that authority
until the expiration or termination of that franchise.
(Ord. 07-11 6-5-07)
Subject to applicable state law, the City may, up until January
2, 2008, by ordinance or resolution grant a franchise to any person,
whether or not operating under an existing franchise, or who elects
to provide cable service pursuant to the provisions of this Section.
The franchise shall be subject to all ordinances and regulations of
general application now in effect or subsequently enacted, including,
without limitation, those related to encroachment permits, business
licenses, zoning, and building.
(Ord. 07-11 6-5-07)
(a)
The
term of the franchise or of any franchise renewal shall be established
in the franchise agreement.
(b)
Up
until January 2, 2008, a franchise may be renewed by the City upon
application of the Grantee pursuant to procedures established by the
City, subject to applicable Federal and state law. In the event the
City does not establish such renewal procedures, the franchise renewal
procedures set forth in Federal law shall apply. After January 2,
2008, all video service franchises will be granted and renewed under
state law unless otherwise preempted by Federal law.
(Ord. 07-11 6-5-07)
(a)
A franchise
granted under this Section shall be nonexclusive.
(b)
The
grant of a franchise, right, or license to use public rights-of-way
for purposes of providing cable service shall not be construed as
a right or license to use such public rights-of-way for any other
purpose.
(c)
Any
right or privilege claimed by a Grantee under a franchise in public
rights-of-way or other public property shall be subordinate to any
prior or subsequent lawful occupancy or use thereof, or easement therein,
by the City or other governmental entity.
(d)
A franchise
granted under this Section shall not relieve a Grantee of any obligation
to obtain pole space from any City department, utility company, or
others maintaining poles in the public rights-of-way.
(Ord. 07-11 6-5-07)
(a)
Subject
to any restrictions that are mandated by state or Federal law, neither
the granting of any franchise nor any provisions of this Chapter shall
be construed to preclude the City from granting additional franchises.
(b)
By
its acceptance of a franchise, a Grantee agrees to comply with all
lawful ordinances and regulations of general application now in effect
or subsequently enacted; provided, however, that such ordinances and
regulations shall not materially affect Grantee's rights or obligations
under the franchise.
(c)
Neither
the granting of a franchise, nor any provisions of this Section, shall
constitute a waiver or bar to the City's lawful exercise of any governmental
right or power.
(d)
This
Section shall not be construed to impair or affect, in any way, the
right of the City to acquire the Grantee's property through the exercise
of the power of eminent domain, in accordance with applicable law.
(e)
The
City may do all things necessary in the exercise of its jurisdiction
under this Section and may determine any question of fact that may
arise during the term of any franchise granted under this Section.
(f)
Any
right or power in, or duty imposed upon any officer, employee, department,
or board of the City shall be subject to transfer by the City to any
other officer, employee, department, or board of the City.
(Ord. 07-11 6-5-07)
(a)
For
all franchises in effect prior to January 2, 2007, Grantee may not
sell, transfer, lease, assign, sublet, or dispose of, in whole or
in part, either by forced or involuntary sale, or by ordinary sale,
contract, consolidation, or otherwise, the franchise or any of the
rights or privileges therein granted, without the prior written consent
of the City. Any attempt to sell, transfer, lease, assign, or otherwise
dispose of the franchise without the written consent of the City is
null and void. The granting of a security interest in any assets of
the Grantee, or any mortgage or other hypothecation, will not be deemed
a transfer for the purposes of this Section.
(b)
The
requirements of paragraph (a) of this Section apply to any change
in control of Grantee. The word "control" as used herein is not limited
to the ownership of major stockholder or partnership interests, but
includes actual working control in whatever manner exercised. If Grantee
is a partnership or a corporation, prior authorization of the City
is required where ownership or control of twenty-five percent or more
of the partnership interests or of the voting stock of the corporation,
or any company in the tier of companies controlling the Grantee, whether
directly or indirectly, is acquired by a person or a group of persons
acting in concert, none of whom, individually or collectively, owns
or controls those partnership interests or that voting stock of the
Grantee, or Grantee's upper tier of controlling companies, as of the
effective date of the franchise.
(c)
Unless
precluded by Federal law, Grantee must give prior written notice to
the City of any proposed foreclosure or judicial sale of all or a
substantial part of the Grantee's franchise property. That notification
will be considered by the City as notice that a change in control
of ownership of the franchise will take place, and the provisions
of this Section that require the prior written consent of the City
to that change in control of ownership will apply.
(d)
For
the purpose of determining whether it will consent to an acquisition,
transfer, or change in control, the City may inquire about the qualifications
of the prospective transferee or controlling party, and Grantee must
assist the City in that inquiry. In seeking the City's consent to
any change of ownership or control, Grantee or the proposed transferee,
or both, must complete Federal Communications Commission Form 394
or its equivalent. This application must be submitted to the City
not less than one hundred twenty days prior to the proposed date of
transfer. The transferee must establish that it possesses the legal,
financial, and technical capability to remedy all then-existing defaults
and deficiencies, and during the remaining term of the franchise,
to operate and maintain the cable system and to comply with all franchise
requirements. If the legal, financial, and technical qualifications
of the proposed transferee are determined to be satisfactory, then
the City will consent to the transfer of the franchise.
(e)
Any
financial institution holding a pledge of Grantee's assets to secure
the advance of money for the construction or operation of the franchise
property has the right to notify the City that it, or a designee satisfactory
to the City, will take control of and operate the cable television
system upon Grantee's default in its financial obligations. Further,
that financial institution must also submit a plan for such operation
within ninety days after assuming control. The plan must insure continued
service and compliance with all franchise requirements during the
period that the financial institution will exercise control over the
system. The financial institution may not exercise control over the
system for a period exceeding one year unless authorized by the City,
in its sole discretion, and during that period it will have the right
to petition the City to transfer the franchise to another Grantee.
(f)
Unless prohibited by applicable law, Grantee must reimburse the City for the City's reasonable review and processing expenses incurred in connection with any transfer or change in control of the franchise, as provided for in Section 8-63.35.
(g)
Except
as provided by law, the requirements of this Section do not apply
to transfers of state video franchises.
(Ord. 07-11 6-5-07)
(a)
The
franchise service area shall be established in the franchise agreement.
(b)
Territory
annexed to the City that is not within the service area of a franchised
or licensed cable operator at the time of annexation may be included
within the franchise service area of an incumbent cable operator,
as determined by City resolution.
(c)
Territory
annexed to the City that is included within the service area of a
franchise or license issued by a local franchising authority other
than the City is subject to the following provisions:
(1)
If the franchisee or licensee has not commenced construction or installation
of a cable system before the annexation becomes effective, then all
rights acquired by a cable operator under that franchise or license
will terminate by operation of law.
(2)
If the franchisee or licensee has commenced construction or installation
of a cable system before the annexation becomes effective, then that
franchisee or licensee may continue to provide cable service to the
annexed territory in accordance with the terms and conditions of the
existing franchise or license, provided that all obligations thereunder,
including the timely payment of franchise fees and PEG support fees,
if any, shall be due and owing to the City by operation of law.
(Ord. 07-11 6-5-07)
Franchise renewals shall be processed in accordance with then-applicable
law and with the renewal terms, if any, of the franchise agreement.
The City and Grantee, by mutual consent, may enter into renewal negotiations
at any time during the term of the franchise.
(Ord. 07-11 6-5-07)
(a)
Applicants
for state video franchises within the boundaries of the City must
concurrently provide to the City complete copies of any application
or amendments to applications filed with the CPUC. One complete copy
must be provided to the City Clerk.
(b)
The
City will provide any appropriate comments to the CPUC regarding an
application or an amendment to an application for a state video franchise.
(c)
In
connection with a franchise modification request, a franchise renewal,
or a franchise transfer, applicant shall pay an application fee deposit
equal to the City's estimated costs in processing and reviewing the
application, as such costs may be established from time to time by
resolution of the City. Such costs shall include all estimated administrative,
consultant, noticing, and document preparation expenses. No application
shall be considered without payment of the application fee deposit.
If the application fee deposit is less than the City's actual costs,
the applicant shall pay such additional costs to the City within thirty
days after written notice from the City that such additional payment
is required. If payment of such amount is not made within such time,
the City shall cease all further proceedings related to the application.
If actual costs are less than the application fee deposit, the remaining
balance will be refunded to the applicant.
(d)
Application
fee deposits are exclusive of an applicant's or Grantee's obligation
to. pay other costs and fees required by this Section or the franchise
agreement, including, without limitation, construction inspection
fees, permit fees, and franchise fees.
(Ord. 07-11 6-5-07)
(a)
In
consideration for the privilege to use the City's public rights-of-way
in the operation of its cable system, and pursuant to PUC Section
5810(b) and 5840(q), a Grantee or holder of a state video franchise
shall pay to the City a franchise fee in an amount equal to five percent
of Grantee's gross revenues, unless a greater amount is authorized
by applicable law.
(b)
The
franchise fee shall be paid quarterly and must be received by the
City not later than forty-five days after the close of each calendar
quarter.
(c)
Concurrent
with the payment of franchise fees, Grantee shall provide to the City
a statement verified by a financial officer of Grantee that sets forth
gross revenues for. the previous calendar quarter, listing every revenue
source and describing gross revenue computations.
(d)
On
an annual basis, Grantee shall file a statement certified by a financial
officer that sets forth all gross revenues for the previous calendar
year, listing every revenue source and describing gross revenue computations.
If the City has any objections relating to that report, the City shall
have thirty days to notify Grantee and to request additional information.
Grantee shall have thirty days to provide additional information to
resolve any objections to the City's satisfaction.
(e)
Pursuant
to PUC Section 5860(i), not more than once annually, the City may
examine and perform an audit of the business records of a holder of
a state video franchise to ensure compliance with all applicable statutes
and regulations related to the computation and payment of franchise
fees.
(f)
If
any franchise fee payment is not made by the due date, interest shall
be charged monthly at a rate of one percent. In addition, if any franchise
fee is not paid in full within fifteen days after Grantee's receipt
of notice from the City concerning the delinquency of that payment,
a late fee in amount of five percent of the delinquent amount shall
be assessed.
(Ord. 07-11 6-5-07)
(a)
Pursuant
to PUC Section 5840(c), any person or corporation that seeks to provide
video service in this state for which a franchise has not already
been issued, after January 1, 2008, shall file an application for
a state franchise with the commission.
(b)
In
the event that a cable television franchise that exists on December
31, 2006 is extended or renewed as a local franchise consistent with
Federal law, then the provisions of a franchise agreement for the
operation of a cable television system may relate to or include without
limitation to the following subject matters:
(1)
The geographical area, duration, and nonexclusive nature of the franchise;
(2)
The applicable franchise fee to be paid to the City, including the
percentage amount, the method of computation, and the time for payment;
(3)
Requirements relating to compliance with and implementation of state
and Federal laws and regulations pertaining to the operation of the
cable television system;
(4)
Requirements relating to the construction, upgrade, or rebuild of
the cable television system, as well as the provision of special services,
such as outlets for public buildings, emergency alert capability,
and parental control devices;
(5)
Requirements relating to the maintenance of a performance bond, a
security fund, a letter of credit, or similar assurances as determined
by the City to secure the performance of the Grantee's obligations
under the franchise agreement;
(6)
Requirements relating to liability insurance, workers' compensation
insurance, and indemnification;
(7)
Requirements relating to consumer protection and customer service
standards, including the resolution of subscriber complaints and disputes
and the protection of subscribers' privacy rights, which requirements
may include, without limitation, compliance with the statutes, rules
and regulations set forth below in Section 8.63-18;
(8)
Requirements relating to the Grantee's support of local cable usage,
including the provision of public, educational, or governmental access
channels, the coverage of public meetings and special events, interconnection
requirements, and financial support for the required access channel
facilities and activities that is consistent with this Section;
(9)
Requirements relating to construction, operation, and maintenance
of the cable system within the public rights-of-way, including compliance
with all applicable building codes and permit requirements, the abandonment,
removal, or relocation of facilities, and compliance with FCC technical
standards;
(10)
Requirements relating to recordkeeping, accounting procedures, reporting,
periodic audits, performance reviews, and the inspection of Grantee's
books and records;
(11)
Acts or omissions constituting material breaches of or defaults under
the franchise agreement, and the applicable penalties or remedies
for those breaches or defaults, including fines, penalties, liquidated
damages, suspension, revocation and termination;
(12)
Requirements relating to the sale, assignment, or other transfer
or change in control of the franchise;
(13)
Grantee's obligation to maintain continuity of service and to authorize,
under certain specified circumstances, the City's operation and management
of the cable system;
(14)
Such additional requirements, conditions, policies, and procedures
as may be mutually agreed upon by the parties to the franchise agreement
and that will, in the judgment of the City, best serve the public
interest and protect the public health, welfare, and safety.
(c)
If
there is any conflict or inconsistency between the provisions of a
franchise agreement authorized by the City and provisions of Section
8.63-17, the provisions of the franchise agreement will control.
(Ord. 07-11 6-5-07)
The provisions of Section 8-63.16 apply to an open video system operator that intends to deliver video programming to consumers in the City over an open-video system. Pursuant to PUC Section 5830(n), an "OVS operator" means any person or group of persons that either provides cable service over an open-video system directly, or through one or more affiliates, owns a significant interest in an open-video system, or that otherwise controls or is responsible for, through any arrangement, the management of an open-video system.
(Ord. 07-11 6-5-07)
Pursuant to PUC Section 5840(c), any person or corporation who
seeks to provide video service in this state for which a franchise
has not already been issued, after January 1, 2008, shall file, an
application for a state franchise with the California Public Utilities
Commission (PUC).
(Ord. 07-11 6-5-07)
The term "cable system" does not include a facility that serves
subscribers without using any public rights-of-way. Consequently,
the categories of multichannel video programming distributors identified
below are not deemed to be "cable systems" and are therefore exempt
from the City's franchise requirements and from certain other local
regulatory provisions authorized by Federal law, provided that their
distribution or transmission facilities do not involve the use of
the City's public rights-of-way:
(a)
Multichannel
multipoint distribution service ("MMDS"), also known as "wireless
cable," which typically involves the transmission by an FCC-licensed
operator of numerous broadcast stations from a central location using
line-of-sight technology;
(b)
Local
multipoint distribution service ("LMDS"), another form of over-the-air,
wireless video service for which licenses are auctioned by the FCC,
and that offers video programming, telephone, and data networking
services.
(c)
Direct
broadcast satellite ("DBS"), also referred to as "direct-to-home satellite
services," which involves the distribution or broadcasting of programming
or services by satellite directly to the subscriber's premises without
the use of ground-receiving or distribution equipment, except at the
subscriber's premises or in the uplink process to the satellite. Local
regulation of direct-to-home satellite services is further proscribed
by the following Federal statutory provisions:
(1)
47 U.S.C. § 303(v) confers upon the FCC exclusive jurisdiction
to regulate the provisions of direct-to-home satellite services.
(2)
Section 602 of the Communications Act states that a provider of direct-to-home
satellite service is exempt from the collection or remittance, or
both, of any tax or fee imposed by any local taxing jurisdiction on
direct-to-home satellite service. The terms "tax" and "fee" are defined
by Federal statute to mean any local sales tax, local use tax, local
intangible tax, local income tax, business license tax, utility tax,
privilege tax, gross receipts tax, excise tax, franchise fees, local
telecommunications tax, or any other tax, license, or fee that is
imposed for the privilege of doing business, regulating, or raising
revenue for a local taxing jurisdiction.
(Ord. 07-11 6-5-07)
(a)
Unless
the customer protection and customer service obligations of a video
provider are specified in a franchise with the City, a video provider
must comply with all applicable provisions of the following state
statutes:
(1)
The Cable Television and Video Customer Service and Information Act
(Government Code Sections 53054, et seq.);
(2)
The Video Customer Service Act (Government Code Sections 53088, et
seq.);
(3)
PUC Code Section 5890(a).
|
A cable operator or video service provider that has been granted
a state franchise under this Section may not discriminate against
or deny access to service to any group of potential residential subscribers
because of the income of the residents in the local area in which
the group resides.
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(b)
All
video providers that are operating in the City on the effective date
of the ordinance codified in this Section, or that intend to operate
in the City after the effective date of the ordinance codified in
this Section, and are not required under applicable law to operate
under a franchise, license, lease, or similar written agreement with
the City, must register with the City. The registration form must
include or be accompanied by the following:
(1)
The video provider's name, address, and local telephone numbers.
(2)
The names of the officers of the video provider.
(3)
A copy of the video provider's written policies and procedures relating
to customer service standards and the handling of customer complaints,
as required by California Government Code Sections 53054, et seq.
These customer service standards must include, without limitation,
standards regarding the following:
A.
Installation, disconnection, service and repair obligations, employee
identification, and service call response time and scheduling.
B.
Customer telephone and office hours.
C.
Procedures for billing, charges, refunds, and credits.
D.
Procedures for termination of service.
E.
Notice of the deletion of a programming service, the changing of
channel assignments, or an increase in rates.
F.
Complaint procedures and procedures for bill dispute resolution.
G.
The video provider's written acknowledgement of its obligation under
California Government Code Section 53055.1 to provide to new customers
a notice describing the customer service standards specified above
in subparagraphs (A) through (F) at the time of installation or when
service is initiated. The notice must also include, in addition to
all of the information described above in subparagraphs (A) through
(F), all of the following:
(i)
A listing of the services offered by the video provider that clearly
describes all levels of service and the rates for each level of service;
(ii)
The telephone number or numbers through which customers may
subscribe to, change, or terminate service, request customer service,
or seek general or billing information;
(iii)
A description of the rights and remedies that the video provider
may make available to its customers if the video provider does not
materially meet its customer service standards.
H.
The video provider's written commitment to distribute annually to
its employees and customers, and to the City, a notice describing
the customer service standards specified above in subparagraphs (A)
through (F). This annual notice must include the report of the video
provider on its performance in meeting its customer service standards,
as required by California Government Code Section 53055.2.
(4)
Unless a video provider is exempt under Federal law from its payment,
a registration fee in an amount established by resolution of the City
Council to cover the reasonable costs incurred by the City in reviewing
and processing the registration form.
(5)
In addition to the registration fee specified above in subsection
(4), the written commitment of the video provider to pay to the City,
when due, all costs and expenses reasonably incurred by the City in
resolving any disputes between the video provider and its subscribers,
which dispute resolution is mandated by California Government Code
Section 53088.2(p).
(c)
The
customer service obligations imposed upon video providers by the Video
Customer Service Act California Government Code Sections 53088 et
seq., consist of the following:
(1)
Every video provider must render reasonably efficient service, make
repairs promptly, and interrupt service only as necessary.
(2)
All video provider personnel contacting subscribers or potential
subscribers outside the office of the provider must be clearly identified
as associated with the video provider.
(3)
At the time of installation, and annually thereafter, all video providers
must provide to all customers a written notice of the programming
offered, the prices for that programming, the provider's installation
and customer service policies, and the name, address, and telephone
number of the City's office that is designated for receiving complaints.
(4)
All video providers must have knowledgeable, qualified company representatives
available to respond to customer telephone inquiries Monday through
Friday, excluding holidays, during normal business hours.
(5)
All video providers must provide to customers a toll-free or local
telephone number for installation, service, and complaint calls. These
calls must be answered promptly by the video providers.
(6)
All video providers must render bills that are accurate and understandable.
(7)
All video providers must respond promptly to a complete outage in
a customer's service. The response must occur within twenty-four hours
of the reporting of such outage to the provider, except in those situations
beyond the reasonable control of the video provider. A video provider
will be deemed to respond to a complete outage when a company representative
arrives at the outage location within twenty-four hours and begins
to resolve the problem.
(8)
All video providers must provide a minimum of thirty days' written
notice before increasing rates or deleting channels. All video providers
must make every reasonable effort to submit the notice to the City
in advance of the distribution to customers. The thirty-day notice
is waived if the increases in rates or deletion of channels are outside
the control of the video provider. In those cases, the video provider
must make reasonable efforts to provide customers with as much notice
as possible.
(9)
Every video provider must allow every residential customer who pays
his or her bill directly to the video provider at least fifteen days
from the date the bill for services is mailed to the customer, to
pay the listed charges unless otherwise agreed to pursuant to a residential
rental agreement establishing tenancy. Customer payments must be posted
promptly. No video provider may terminate residential service for
nonpayment of a delinquent account unless the video provider furnishes
notice of the delinquency and impending termination at least fifteen
days prior to the proposed termination. The notice must be mailed,
postage prepaid, to the customer to whom the service is billed. Notice
must not be mailed until the 16th day after the date the bill for
services was mailed to the customer. The notice of delinquency and
impending termination may be part of a billing statement. Additionally,
no video provider may assess a late fee any earlier than the 22nd
day after the bill for service has been mailed.
(10)
Every notice of termination of service pursuant to the preceding
subsection (9) must include all of the following information:
A.
The name and address of the customer whose account is delinquent;
B.
The amount of the delinquency;
C.
The date by which payment is required in order to avoid termination
of service;
D.
The telephone number of a representative of the video provider who
can provide additional information and handle complaints or initiate
an investigation concerning the service and charges in question.
(11)
Service may only be terminated on days in which the customer can
reach a representative of the video provider either in person or by
telephone.
(12)
Any service terminated without good cause must be restored without
charge for the service restoration. Good cause includes, but is not
limited to, failure to pay, payment by check for which there are insufficient
funds, theft of service, abuse of equipment or system personnel, or
other similar subscriber actions.
(13)
All video providers must issue requested refund checks promptly,
but no later than forty-five days following the resolution of any
dispute, and following the return of the equipment supplied by the
video provider, if service is terminated.
(14)
All video providers must issue security or customer deposit refund
checks promptly, but no later than forty-five days following the termination
of service, less any deductions permitted by law.
(15)
Video providers must not disclose the name and address of a subscriber
for commercial gain to be used in mailing lists or for other commercial
purposes not reasonably related to the conduct of the businesses of
the video providers or their affiliates, unless the video providers
have provided to the subscriber a notice, separate or included in
any other customer notice, that clearly and conspicuously describes
the subscriber's ability to prohibit the disclosure. Video providers
must provide an address and telephone number for a local subscriber
to use without toll charge to prevent disclosure of the subscriber's
name and address.
(d)
As authorized by Government Code Section 53088.2(r), the following schedule of penalties is adopted. These penalties may be imposed for the material breach by a video provider of the consumer protection and service standards that are set forth above in subsection (c), provided that the breach is within the reasonable control of the video provider. These penalties are in addition to any other remedies authorized by this Section or by any other law, and the City has discretion to elect the remedy that it will apply. The imposition of penalties authorized by this subsection (d) will not prevent the City or any other affected party from exercising any other remedy to the extent permitted by law, including, but not limited to, any judicial remedy as provided below in subsection (2).
(1)
Schedule of Penalties.
A.
For the first occurrence of a violation, a monetary penalty of $500
shall be imposed for each day the violation remains in effect, not
to exceed $1500 for each violation.
B.
For a second violation of the same nature within twelve months, a
monetary penalty of $1000 shall be imposed for each day the violation
remains in effect, not to exceed $3000 for each violation.
C.
For a third or further violation of the same nature within twelve
months, a monetary penalty of $2500 shall be imposed for each day
the violation remains in effect, not to exceed $7,500 for each violation.
D.
The maximum penalties referenced above may be increased by any additional
amount authorized by state law.
(2)
Judicial Remedies Not Affected. The imposition of penalties in accordance
with the provisions of subsection (1) above does not preclude any
affected party from pursuing any judicial remedy that is available
to that party.
(3)
Administration, Notice, and Appeal.
A.
The Administrative Officer is authorized to administer this subsection
(d). Decisions by the Administrative Officer to assess penalties against
a video provider must be in writing and must contain findings supporting
the decisions. Decisions by the Administrative Officer are final,
unless appealed to the City Council.
B.
If the video provider or any interested person is aggrieved by a
decision of the Administrative Officer, the aggrieved party may, within
ten days of the written decision, appeal that decision in writing
to the City Council. The appeal letter must be addressed to the City
Clerk and must be accompanied by any applicable fee established by
the City Council for processing the appeal. The City Council may affirm,
modify, or reverse the decision of the Administrative Officer.
C.
The imposition of monetary penalties under subsection (1) above is
subject to the following requirements and limitations:
(i)
The City must give the video provider written notice of any alleged
material breach of the consumer service standards and must allow the
video provider at least thirty days from receipt of that notice to
remedy the breach.
(ii)
For the purpose of assessing monetary penalties, a material
breach will be deemed to have occurred for each day following the
expiration of the period for cure specified in subparagraph (i) above
that the material breach has not been remedied by the video provider,
irrespective of the number of customers affected.
(iii)
In assessing monetary penalties under this subsection (d), the
Administrative Officer, any designated hearing officer, or the City
Council, as applicable, may take into account the nature, circumstances,
extent and gravity of the violation and, with respect to the video
provider, the degree of culpability, any history of prior violations,
and such other matters as may be relevant. If warranted under the
circumstances, the monetary penalty to be assessed may be less than
the maximum penalty authorized above in subsection (d)(1).
(e)
A
holder of a state video franchise and any Franchisee, upon request
by the City, must prepare quarterly reports showing compliance customer
service standards for telephone response performance. Such reports
will be due to the City within forty-five days from the end of each
calendar quarter. The report should detail customer call center performance
within all call centers serving the City showing data tracked and
aggregated for the entire market area served by the call centers.
The report shall include:
(1)
Calls offered to Interactive Voice Router (IVR);
(2)
Calls handled within IVR;
(3)
Percentage of calls handled within IVR;
(4)
Calls offered to agents;
(5)
Calls handled within thirty seconds;
(6)
Service level or percentage of calls answered within thirty seconds;
(7)
Number of abandoned calls;
(8)
Percentage of calls abandoned;
(9)
Average speed to answer a call;
(10)
Number of calls reaching a busy signal;
(11)
Percentage of busy calls as a function of total calls.
(f)
Resident
Notification.
(1)
Prior to any construction activity related to any cable service or
video service, a state franchise holder shall provide public notification
as required by Chapter 10 of the Inglewood Municipal Code or as otherwise
directed by the Director of Public Works or applicable law.
(2)
To the extent practicable, equipment placed on private property shall
be placed at the location requested by the property owner. A state
franchise holder shall provide the private property owner with reasonable
advance written notice of its plans to install equipment, and shall
obtain express written consent from the private property owner before
installing any equipment. The state franchise holder shall notify
the property owner, in writing, that the property owner is not obligated
to agree to the placement of equipment on the property or to enter
into any agreement with the state franchise holder. Should a property
owner notify the state franchise holder of his or her objection to
any placement of equipment, the state franchise holder shall confer
with the Director of Public Works regarding appropriate location and
placement of such equipment.
(Ord. 07-11 6-5-07)
(a)
Pursuant
to PUC Section 5830(s) "Video service" means video programming services,
cable service, or OVS service provided through facilities located
at least in part in public rights-of-way without regard to delivery
technology, including Internet protocol or other technology. This
definition does not include (1) any video programming provided by
a commercial mobile service provider defined in Section 322(d) of
Title 47 of the United States Code, or (2) video programming provided
as part of, and via, a service that enables users to access content,
information, electronic mail, or other services offered over the public
Internet.
(b)
In
recognition of and in compliance with statutory requirements that
are set forth in state law, the following regulatory provisions are
applicable to a telephone corporation that desires to provide telecommunications
service by means of facilities that are proposed to be constructed
within the City's public rights-of-way:
(1)
The telephone corporation must apply for and obtain, as may be applicable,
an excavation permit, an encroachment permit, or a building permit
("ministerial permit.")
(2)
In addition to the information required by this Cable, Video, and
Telecommunications Service Providers Ordinance in connection with
an application for a ministerial permit, a telephone corporation must
submit to the City the following supplemental information:
A.
A copy of the certificate of public convenience and necessity issued
by the California Public Utilities Commission ("CPUC") to the applicant,
and a copy of the CPUC decision that authorizes the applicant to provide
the telecommunications service for which the facilities are proposed
to be constructed in the City's public rights-of-way.
B.
If the applicant has obtained from the CPUC a certificate of public
convenience to operate as a "competitive local carrier," the following
additional requirements are applicable:
(i)
As required by the CPUC, the applicant must establish that it has
filed with the City in a timely manner a quarterly report that describes
the type of construction and the location of each construction project
proposed to be undertaken in the City during the calendar quarter
in which the application is filed, which information is sufficient
to enable the City to coordinate multiple projects, as may be necessary.
(ii)
If the applicant's proposed construction project will extend
beyond the utility rights-of-way into undisturbed areas or other rights-of-way,
the applicant must establish that it has filed a petition with the
CPUC to amend its certificate of public convenience and necessity
and that the proposed construction project has been subjected to a
full-scale environmental analysis by the CPUC, as required by Decision
No. 95-12-057 of the CPUC.
(iii)
The applicant must inform the City whether its proposed construction
project will be subject to any of the mitigation measures specified
in the Negative Declaration ["Competitive Local Carriers (CLCs) Projects
for Local Exchange Communication Service throughout California"] or
to the Mitigation Monitoring Plan adopted in connection with Decision
No. 95-12-057 of the CPUC. The City's issuance of a ministerial permit
will be conditioned upon the applicant's compliance with all applicable
mitigation measures and monitoring requirements imposed by the CPUC
upon telephone corporations that are designated as "competitive local
carriers."
(c)
In
recognition of the fact that numerous excavations in the public rights-of-way
diminish the useful life of the surface pavement and for the purpose
of mitigating the adverse impacts of numerous excavations on the quality
and longevity of public street maintenance within the City, the following
policies and procedures are adopted:
(1)
The Administrative Officer is directed to ensure that all public
utilities, including telephone corporations, comply with all local
design, construction, maintenance and safety standards that are. contained
within, or are related to, a ministerial permit that authorizes the
construction of facilities within the public rights-of-way.
(2)
The Administrative Officer is directed to coordinate the construction
and installation of facilities by public utilities, including telephone
corporations, in order to minimize the number of excavations in the
public rights-of-way. In this regard, based upon projected plans for
street construction or renovation projects, the Administrative Officer
is authorized to establish on a quarterly basis one or more construction
time periods or "windows" for the installation of facilities within
the public rights-of-way. Telephone corporations and other public
utilities that submit applications for ministerial permits to construct
facilities after a predetermined date may be required to delay such
construction until the next quarterly "window" that is established
by the City.
(d)
Subject
to applicable provisions of state and Federal law, any video programming
provided by a telephone corporation that uses public rights-of-way
in the transmission or delivery of that video programming, regardless
of the technology used, will be deemed to be a video service subject
to the franchise requirements set forth in Section 8-63.04 of this
Article.
(e)
Telephone
corporations that apply for and receive a state franchise to provide
video service within all or any part of the City must comply with
the provisions of this Section, and all applicable provisions of the
Digital Infrastructure and Video Competition Act of 2006 (Division
2.4 of the California Public Utilities Code, commencing with Section
5800).
(f)
Pursuant
to PUC Code Section 5820 and Section 5885, the City is the lead agency
for any environmental review with respect to network construction,
installation, and maintenance in public rights-of-way. The City Engineer
shall serve as the City's contact regarding administration of the
processes set forth in Division 13 of the Public Resources Code commencing
with Section 21000 as established by the California Environmental
Quality Act (CEQA).
(Ord. 07-11 6-5-07)
(a)
PEG
Fee. A fee of one percent of Gross Revenues shall be assessed on all
video service providers that use the public rights-of-way, including
all local franchisees and all holders of state franchises as consistent
with state or Federal law. The PEG fee shall be paid quarterly, to
be received by the City not later than forty-five days after the close
of each quarter of Grantee's fiscal year.
(1)
On a quarterly basis, Grantee shall provide the City a complete and
accurate statement verified by a financial officer of Grantee indicating
Gross Revenues for the past quarter, listing every revenue source,
and depicting gross revenue computations.
(2)
A video service provider subject to this Section may recover the
amount of any fee by billing a recovery fee as a separate line item
on the regular bill of each Subscriber.
(b)
Channel
Designation. All video service providers that use the public rights-of-way
shall designate sufficient amount of capacity on their networks to
allow the carriage of at least three public, educational, or governmental
(PEG) access channels. For the purposes of this Section, a PEG access
channel is deemed activated if it is being utilized for PEG access
programming within the city for at least eight hours per day.
(1)
PEG access channels shall be for the exclusive use of the City or
its designees to provide public, educational, or governmental channels.
(2)
Advertising, underwriting, or sponsorship recognition may be carried
on the PEG access channels for the purpose of funding PEG-related
activities.
(3)
The PEG access channels shall all be carried on the basic service
tier of Grantee.
(4)
To the extent feasible, the PEG access channels shall not be separated
numerically from other channels carried on the basic service tier
and the channel numbers for the PEG access channels shall be the same
channel numbers used by the incumbent cable operator unless prohibited
by Federal law.
(5)
After the initial designation of PEG access channel numbers, the
channel numbers shall not be changed without the prior written consent
of the City unless the change is required by Federal law.
(6)
Each PEG access channel shall be capable of carrying a National Television
System Committee (NTSC) television signal.
(7)
Requests by the City for additional channel capacity will be made
in accordance to PUC Section 5870.
(c)
Interconnection.
Where technically feasible, a state video franchise holder and incumbent
cable operator shall negotiate in good faith to interconnect their
networks for the purpose of providing PEG access channel programming.
Interconnection may be accomplished by direct cable, microwave link,
satellite, or other reasonable method of connection. State video franchise
holders and incumbent cable operators shall provide interconnection
of the PEG access channels on reasonable terms and conditions and
may not withhold the interconnection. If a state video franchise holder
and an incumbent cable operator cannot reach a mutually acceptable
interconnection agreement, the City may require the incumbent cable
operator to allow the state video franchise holder to interconnect
its network with the incumbent's network at a technically feasible
point on the holder's network as identified by the holder. If no technically-feasible
point for interconnection is available, the state video franchise
holder shall make an interconnection available to the channel originator
and shall provide the facilities necessary for the interconnection.
The cost of any interconnection shall be borne by the state video
franchise holder requesting the interconnection unless otherwise agreed
to by the parties.
(d)
Emergency
Alert System and Emergency Overrides. A state video franchise holder
must comply with the Emergency Alert System requirements of the Federal
Communications Commission in order that emergency messages may be
distributed over the holder's network. Provisions in City-issued franchises
authorizing the City to provide local emergency notifications shall
remain in effect, and shall apply to all state video franchise holders
in the City for the duration of the City-issued franchise, or until
the term of the franchise would have expired had it not been terminated
pursuant to subdivision (m) of Section 5840 of the California Public
Utilities Code, or until January 1, 2009, whichever is later.
(Ord. 07-11 6-5-07)
Within sixty days after acceptance of any franchise, the Grantee
shall proceed with due diligence to obtain all necessary permits and
authorizations which are required in the conduct of its business,
including, but not limited to, any utility joint use attachment agreements,
microwave carrier licenses, and any other permits, licenses and authorizations
to be granted by duly constituted regulatory agencies having jurisdiction
over the operation of cable systems, or their associated microwave
transmission facilities.
(Ord. 07-11 6-5-07)
(a)
Map
and Plan. Grantee shall submit a construction plan or reconstruction
plan which shall be incorporated by reference and made a part of the
franchise agreement. The plan shall include cable system design details,
equipment specifications, and design performance criteria. The plan
shall also include a map of the entire franchise area disclosed in
accordance with the terms and conditions of the franchise and shall
clearly delineate the following:
(1)
Areas within the franchise area where the cable system will be initially
available to subscribers including a schedule of construction for
each year that construction or reconstruction is proposed; and
(2)
Areas within the franchise area where extension of the cable system
cannot reasonably be done due to lack of present or planned development
or other similar reasons, with the areas and the reasons for not serving
them clearly identified on the map.
(b)
Early
Construction and Extension. Nothing in this Section shall prevent
the Grantee from constructing or reconstructing the cable system earlier
than planned. However, any delay in the cable system construction
beyond the times specified in the plan report timetable shall require
application to and consent by the City Council.
(c)
Delay
in Construction Timetable. Any delay beyond the terms of construction
or reconstruction timetable, unless approved by the City Council will
be considered a violation of this Chapter for which the provisions
of this Section shall apply as determined by the City Council.
(d)
Commencement
of Construction or Reconstruction. Construction or reconstruction
in accordance with the plan submitted by Grantee shall commence and
be completed according to the schedule established by the franchise.
Failure to proceed expeditiously as required in the franchise may
be grounds for revocation of a franchise permit.
(e)
Any
permit granted herein may be terminated prior to its date of expiration
by the City Council in the event that said City Council shall have
found, after thirty days' notice of any proposed termination and public
hearing, that:
(1)
Grantee has failed to comply with any provision of this Section or
has, by act or omission, violated any term or condition of any permit
issued hereunder; or
(2)
Any provision of this Section has become invalid or unenforceable
and the Council further finds that such provision constitutes a consideration
material to the grant of said permit; or
(f)
Standard
Drop (Aerial and/or Underground). A Grantee shall make a standard
drop, whether aerial or underground, available to all subscribers
at a uniform installation fee. A standard drop shall mean a cable
connection which requires no more than a one hundred fifty-foot drop
measured from the nearest point of a subscriber's home or place of
business to the nearest active tap on the cable system, involves only
one outlet and standard materials, and does not involve a wall fish.
In addition, a "standard drop" shall exclude custom installation work,
including specific subscriber requested work that requires non-standard
inventory or cable routing requiring construction methods exceeding
reasonable underground or aerial work.
(g)
Aerial
and Underground Drops Exceeding One Hundred Fifty Feet. With respect
to requests for connection requiring an aerial or underground drop
fine which is in excess of one hundred fifty feet, the Grantee must
extend and make available cable service to such subscribers at a connection
fee not to exceed the actual installation costs incurred by the Grantee
for the distance exceeding one hundred fifty feet. Any work requiring
excavation in a street shall be at the total cost of the Grantee.
(Ord. 07-11 6-5-07)
The City shall have the right to specify the methods and materials
of construction, together with the horizontal and vertical location
of any facility proposed by Grantee within any public property or
right-of-way. Methods of construction shall include the City's right
to limit the work of the Grantee to assure a minimum of inconvenience
to the traveling public.
(Ord. 07-11 6-5-07)
(a)
Compliance
with Technical Standards. Grantee shall construct, install, operate
and maintain its system in accordance with all applicable technical
standards established by the Federal Communications Commission and
any other applicable law. Grantee shall provide the City, upon request,
the opportunity to observe the conduct of, and a written report of
the results of, Grantee's annual proof of performance tests. To the
extent permitted by applicable law, the City may at reasonable times
and at reasonable intervals conduct independent measurements of the
system, and Grantee shall pay the costs incurred by the City for any
technical assistance deemed necessary by the City for obtaining independent
verification of technical compliance with all standards in the event
that Grantee is materially out of compliance with such standards.
(b)
Additional
Specifications. Construction, installation and maintenance of a cable
system shall be performed in an orderly and professional manner. All
cables and wires shall be installed, where possible, parallel with
and in the same manner as electric and telephone lines. Multiple cable
configurations shall be arranged in parallel and bundled with due
respect for engineering considerations. Underground installations
shall be in conformance with all applicable codes. Furthermore, the
Grantee shall maintain equipment capable of providing standby power
for headend, and trunk amplifiers for a minimum of two hours.
(c)
Grantee
shall at all times comply with applicable sections of.
(1)
National Electrical Safety Code (ANSI) C2-1990;
(2)
National Electrical Code (National Bureau of Fire Underwriters);
(3)
The Standards of Good Engineering Practices for Measurements on Cable
Television Systems (National Cable Television Association, 008-0477);
(4)
The City Building Code;
(5)
City Subdivision Regulations.
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In any event, the cable system shall not endanger or interfere
with the safety of persons or property in the franchise area or other
areas where the Grantee may have equipment located.
|
(Ord. 07-11 6-5-07)
(a)
Any
poles, wires, cable fines, conduits or other properties of the Grantee
to be constructed or installed in streets, shall be so constructed
or installed only at such locations and in such manner as shall be
approved by the Public Works Director acting in the exercise of his
or her reasonable discretion.
(b)
The
Grantee shall not install or erect any facilities or apparatus in
or on other public property, places or right-of-way, or within any
privately owned area within the City which has not yet become a public
street but is designated or delineated as a proposed public street
on any tentative subdivision map approved by the City, except those
installed or erected upon public utility facilities now existing,
without obtaining the proper written approval of the Public Works
Director.
(c)
In
those areas and portions of the City where the transmission or distribution
facilities of both the public utility providing telephone service
and those of the utility providing electric service are underground
or hereafter may be placed underground, then the Grantee shall likewise
construct, operate and maintain all of its transmission and distribution
facilities underground. For the purposes of this subsection, "underground"
shall include a partial underground system, e.g., streamlining. Amplifiers
in Grantee's transmission and distribution lines may be in appropriate
housings upon the surface of the ground as approved by the Public
Works Director.
(Ord. 07-11 6-5-07)
(a)
In
the event that the use of any part of the cable system is discontinued
for any reason for a continuous period of twelve months, or in the
event such system or property has been installed in any street or
public place without complying with the requirements of Grantee's
franchise or this Section, or the franchise has been terminated, cancelled
or has expired, the Grantee shall promptly, upon being given ten days'
notice, remove from the streets or public places, all such property
and poles of such system other than any which the Public Works Director
may permit to be abandoned in place. In the event of such removal,
the Grantee shall promptly restore the street or other area from which
such property has been removed to a condition satisfactory to the
Public Works Director.
(b)
Any
property of the Grantee remaining in place thirty days after the termination
or expiration of the franchise shall be considered permanently abandoned.
The Public Works Director may extend such time not to exceed an additional
thirty days.
(c)
Any
property of the Grantee to be abandoned in place shall be abandoned
in such a manner as the Public Works Director shall prescribe. Upon
permanent abandonment of the property of the Grantee in place, the
property shall become that of the City, and the Grantee shall submit
to the Public Works Director an instrument in writing, to be approved
by the City Attorney, transferring to the City the ownership of such
property.
(Ord. 07-11 6-5-07)
The Grantee shall, at its expense, protect, support, temporarily
disconnect, relocate in the same street or other public place, or
remove from the street or other public place, any property of the
Grantee when required by the Public Works Director by reason of traffic
conditions, public safety, street vacation, freeway and street construction,
change or establishment of street grade, installation of sewers, drains,
water pipes, power lines, signal lines, and tracks or any other type
of structures or improvements by public agencies; provided, however,
that the Grantee shall in all such cases have the privileges and be
subject to the obligations to abandon any property of the Grantee
in place, as provided by City.
(Ord. 07-11 6-5-07)
Upon failure of the Grantee to commence, pursue or complete
any work required by law or by the provisions of this Section or by
its franchise to be done in any street or other public place, within
the time prescribed, and to the satisfaction of the Public Works Director,
the Public Works Director may, at his or her option, cause such work
to be done and the Grantee shall pay to the City the cost thereof
in the itemized amounts reported by the Public Works Director to the
Grantee within thirty days after receipt of such itemized report.
(Ord. 07-11 6-5-07)
(a)
Appeals
to the City Council.
(1)
Any person aggrieved by a decision of the Director of Public Works involving the denial of a video service related permit application required by Article 2, Section 10-7 may appeal to the City Council by filing with the City Clerk a written notice of appeal along with an application processing fee payment described at subsection (a)(5) below.
(2)
No notice of appeal will be processed unless filed within ten days
after service of written notice of the decision from which the appeal
is taken; provided that if written notice of the decision has not
been served, the appellant may, within ten days after being apprised
of that decision, demand service of written notice and will have ten
days following that service in which to file the notice of appeal.
(3)
For purposes of this Section, service upon the appellant means either
personal delivery or placement in the United States mail, postage
prepaid, and addressed to the appellant's last known address.
(4)
The notice of appeal must specify the specific decision from which
the appeal is taken, the specific grounds for the appeal, and the
relief or action requested from the City Council. If the notice of
appeal fails to set forth any information required by this paragraph,
the City Clerk will return the notice to the appellant with a statement
of the deficiency, and the appellant will thereafter have five days
in which to cure the deficiency and to refile the notice of appeal.
(5)
The notice of appeal must be accompanied by such fee as may have
been established by resolution of the City Council.
(b)
Hearing
and Notice. Upon the timely filing of a notice of appeal in proper
form, the City Clerk will schedule the matter for hearing by the City
Council at a regular meeting, but not later than forty-five days after
receipt of the notice of appeal. The City Clerk will cause the notice
of hearing to be given to the appellant not less than ten days prior
to the hearing, unless that notice is waived in writing by the appellant.
The City Clerk will also cause a copy of the notice of appeal and
the hearing to be transmitted to the Director of Public Works.
(c)
Conduct
of Hearings.
(1)
At the time of consideration of the appeal by the City Council, the
appellant will be limited to a presentation on the specific grounds
of appeal and related matters set forth in its notice of appeal. Appellant
will have the burden of persuading the City Council that the decision
appealed from should be reversed or modified.
(2)
The City Council may continue the hearing on the appeal from time
to time as deemed necessary by the City Council. The City Council
may, by resolution, affirm, reverse, or modify, in whole or in part,
the decision appealed from and may take any action that might have
been taken in the first instance by the Director of Public Works.
(3)
The decision of the City Council will be deemed final and conclusive
upon adoption of the resolution. A copy of the resolution adopted
by the City Council will be served upon the appellant by placement
in the United States mail, postage prepaid, to the appellant's last
known address.
(Ord. 07-11 6-5-07)
(a)
Indemnification.
(1)
Any Grantee of a local franchise that was in effect on January 1,
2007 shall for the remaining term of its Franchise fully indemnify,
save and hold harmless, and defend the City, its officers, agents,
boards and employees, from and against any liability for damages or
claims resulting from tangible property damage or bodily injury (including
accidental death), to the extent proximately caused by the Grantee's
negligent construction, operation, or maintenance of its cable system,
provided that the City shall give the Grantee written notice of its
obligation to indemnify the City within ten days of receipt of a claim
or action pursuant to this subsection, or fifteen days provided that
the Grantee is not prejudiced by the timing of such notice. Notwithstanding
the foregoing, the Grantee shall not indemnify the City for any damages,
liability or claims resulting from the willful misconduct or gross
negligence of the City, its officers, agents, employees, attorneys,
consultants, independent contractors or third parties, or for any
activity or function conducted by any person other than the Grantee
in connection with PEG access, or the emergency alert system, or the
distribution of any cable service over the cable system.
(2)
With respect to a Grantee's indemnity obligations set forth in subsection
(a)(1), the Grantee shall provide the defense of any claims brought
against the City by selecting counsel of the Grantee's choice to defend
the claim, subject to the consent of the City, which shall not unreasonably
be withheld. Nothing herein shall be deemed to prevent the City from
cooperating with the Grantee and participating in the defense of any
litigation by its own counsel at its own cost and expense, provided,
however, that after consultation with the City, the Grantee shall
have the right to defend, settle or compromise any claim or action
arising hereunder, and the Grantee shall have the authority to decide
the appropriateness and the amount of any such settlement. In the
event that the terms of any such proposed settlement includes the
release of the Grantee and the City does not consent to the terms
of any such settlement or compromise, the Grantee shall not settle
the claim or action, but its obligation to indemnify the City shall
in no event exceed the amount of such settlement.
(3)
The City is in no manner or means waiving any governmental immunity
it may enjoy or any immunity for its agents, officials, servants,
attorneys, representatives and/or employees.
(4)
All rights of City pursuant to indemnification, insurance, security
fund or construction bond(s), as provided for by this Section, are
in addition to all other rights the City may have under this Section
or any other ordinance, rule, regulation or law.
(5)
The City's exercise of or failure to exercise all rights pursuant
to any section of the Cable, Video and Telecommunications Service
Providers Ordinance shall not affect in any way the right of City
subsequently to exercise any such rights or any other right of City
under this Section or any other ordinance, rule, regulation or law.
(6)
It is the purpose of this Section to provide maximum indemnification
to the City under the terms and conditions expressed and, in the event
of a dispute, this Section shall be construed (to the greatest extent
permitted by law) to provide for the indemnification of the City by
the Grantee.
(7)
The provisions of this subsection shall not be dependent or conditioned
upon the validity of this Section or the validity of any of the procedures
or agreements involved in the award or renewal of a franchise, but
shall be and remain a binding right and obligation of the City and
Grantee even if part or all of this Section, or the grant or renewal
of a franchise, is declared null and void in a legal or administrative
proceeding. By accepting its franchise a Grantee agrees that the provisions
of this Section survive any such declaration and shall be a binding
obligation of, and inure to the benefit of, the Grantee and City and
their respective successors and assigns, if any.
(b)
Comprehensive
Liability Insurance. Upon acceptance of its franchise, a Grantee shall
file with the City Clerk and shall thereafter during the entire term
of such franchise maintain in full force and effect, at its own expense,
a general comprehensive liability insurance policy or policies which
shall insure Grantee and provide primary coverage for the City, its
officers, boards, commissions, agents and employees, against liability
for loss or liability for personal injury, death, property damage
(both automobile and non-automobile cause), or other damages. Such
policy or policies shall be issued by a company qualified to do business
in the State of California, with an A-or better rating for financial
condition and financial performance by Best's Key Rating Guide, Property/Casualty
Edition. The policy or policies shall name the City, its officers,
boards, commissions, agents and employees as additional insured (except
as to worker's compensation and employer's liability insurance) and
contain a provision that a written notice of any cancellation, modification
or reduction in coverage of said policy shall be delivered to the
City Clerk thirty days in advance of the effective date thereof. No
franchise granted under this Section shall be effective unless and
until each of the foregoing policies of insurance as required in this
subsection has been delivered to the City Clerk. Any substitute policy
or policies shall be subject to the same approvals and shall comply
with all of the provisions of this subsection.
(Ord. 07-11 6-5-07)
(a)
For
any Franchises extended or renewed after January 2, 2007, cash security
fund required to assure faithful performance shall not be less than
twenty-five thousand and no/100ths dollars ($25,000.00) and shall
increase commensurately with the number of subscribers served in increments
of $25,000 for every five thousand subscribers. Prior to the date
on which a Grantee begins to provide commercial service to subscribers
in the City, the Grantee shall post with the City security for the
performance of its obligations under its franchise agreement in an
amount of not less than twenty-five thousand and no/100ths dollars
($25,000.00). A franchise agreement may provide for a security fund
greater than the minimum specified in this subsection. The form of
this security may, at a Grantee's option, be a performance bond, letter
of credit, cash deposit, cashier's check or any other security acceptable
to the City. The security fund shall be used to: (1) ensure the faithful
performance by the Grantee of its obligations under its franchise
agreement and compliance with this Chapter; (2) pay the City sums
due under the provisions of its franchise agreement in the event the
Grantee fails to do so after notice and the opportunity to cure; and
(3) pay liquidated damages assessed against the Grantee due to franchise
violations after notice and the opportunity to cure.
(b)
Cash
Security to be Placed in Interest Bearing Account and Interest Added
to Fund During Franchise Term. If a Grantee provides a cash deposit,
the City shall place the security deposit in an interest-bearing account.
The interest will accrue to the benefit of the Grantee but may not
be withdrawn by the Grantee; all interest will be added to and become
part of the security fund during the term of the franchise.
(c)
Procedure
for City to Draw Down. If a Grantee fails to pay the City any fees
or taxes, liquidated damages, damages, or costs or expenses incurred
by the City by reason of any act or default of the Grantee, or if
the Grantee fails to comply with any provision of the franchise agreement
or this Section that the City determines can be remedied by an expenditure
of the security fund, the City may withdraw that amount with any interest
and penalties from the security. The Grantee shall have the right
to appeal in a court of law within sixty days of the City Council's
decision on withdrawals from the security fund.
(d)
Following
a Draw Down or Withdrawal from Security Fund Grantee Required to Restore
to Full Amount. Within thirty calendar days after written notice to
the Grantee that an amount has been withdrawn by the City from the
security fund, the Grantee shall deposit a sum of money sufficient
to restore the security fund to the total amount in the fund immediately
prior to the withdrawal. If the Grantee fails to restore the security
fund to the original amount within thirty calendar days, the entire
security fund remaining may be forfeited, and/or such failure may
be considered material breach of this Chapter and may be used as grounds
for revocation of the franchise.
(e)
Disposition
of Fund, if Franchise is Revoked. The security fund will become the
property of the City in the event the franchise is revoked. The Grantee
is entitled to the return of the balance of the security fund including
interest that remains following expiration of the franchise; provided
that there are not outstanding unpaid amounts owed to the City by
the Grantee, in which event same may be subtracted from such balance.
(f)
City's
Right with Respect to Security Fund are in Addition to all Other Rights.
The rights reserved to the City with respect to the security fund
are in addition to all other rights of the City, whether reserved
by this Section or authorized by other law, or the franchise agreement,
and no action, proceeding or exercise of a right with respect to such
security fund will affect any other right the City may have.
(Ord. 07-11 6-5-07)
(a)
Grantee
may be required to obtain construction bond in an amount established
in franchise agreement or for holders of state video service franchises,
in an amount required by the encroachment permit. Within thirty days
after the award or renewal of a franchise, a Grantee may be required
to obtain and maintain throughout the period of system construction
or reconstruction, at its cost and expense, and file with the City
Clerk, a corporate surety bond in a company authorized to do business
in the State, and found acceptable by the City Attorney, an amount
established in a franchise agreement to guarantee the timely construction
and/or reconstruction and full activation of the cable system and
the safeguarding of damage to private property and restoration of
damages incurred with utilities.
(b)
The
bond shall provide, but not be limited to, the following condition:
There shall be recoverable by the City, jointly and severally from
the principal and surety, any and all damages, loss or costs suffered
by the City resulting from the failure of a Grantee to satisfactorily
complete and fully activate the cable system throughout the franchise
area pursuant to the terms and conditions of this Section and the
franchise agreement.
(c)
Bond
to be Terminated only after City Council Finds Grantee has Satisfactorily
Completed all Work. The construction bond shall be terminated only
after the City Council finds that a Grantee has satisfactorily completed
initial construction and activation or reconstruction of the Cable
system pursuant to the terms and conditions of this Section and the
franchise agreement.
(d)
Rights
with Respect to Construction Bond in Addition to all Other Rights
of City. The rights reserved to the City with respect to the construction
bond are in addition to all other rights of the City, whether reserved
by this Section or authorized by law, and no action, proceeding or
exercise of a right with respect to such construction bond shall affect
any other rights the City may have.
(e)
Endorsement
Required. The construction bond shall contain the following endorsement:
It is hereby understood and agreed that this bond may not be cancelled
by the surety nor the intention not to renew be stated by the surety
until sixty days after receipt by the City, by registered mail, of
written notice of such intent to cancel or not to renew.
(Ord. 07-11 6-5-07)
(a)
Any
person who willfully violates any provision of this Section is guilty
of a misdemeanor and is punishable as provided for in this Code.
(b)
The
misdemeanor penalty specified above in. paragraph (a) is not applicable
to a violation of any provision of this Section for which another
sanction or penalty may be imposed under any franchise, license, lease,
or similar written agreement between the City and a multichannel video
programming distributor or other telecommunications service provider.
(c)
The
City may initiate a civil action in any court of competent jurisdiction
to enjoin any violation of this Section.
(Ord. 07-11 6-5-07)
Section 15021 of the State CEQA Guidelines establishes a duty for the City for Inglewood, and all its component agencies, to avoid or minimize damage to the environment where feasible within its authority to regulate public or private activities and projects. The City of Inglewood's CEQA process is defined in Section 12-100 et seq., of Chapter 12 of the Inglewood Municipal Code.
(Ord. 07-11 6-5-07)
(a)
When
not otherwise prescribed herein, all matters herein required to be
filed with the City shall be filed with the City Clerk.
(b)
The
grantee shall pay to the City a sum of money sufficient to reimburse
it for all publication expenses incurred by it in connection with
the granting of a franchise pursuant to the provisions of this Section.
Such payment shall be made to the Administrative Officer within thirty
days after the City furnishes the grantee with a written statement
of such expenses.
(Ord. 07-11 6-5-07)
For the purposes of Section 8-65 through 8-65.9, the phrases hereinafter set forth are defined as follows:
shall mean any person who is employed by an alarm business
either directly or indirectly, and whose duties include selling, maintaining,
leasing, servicing, repairing, altering, replacing, moving, or installing
alarms or alarm systems on or in any building, structure, or facility.
shall mean the business by any individual, partnership, corporation
or other entity of selling, leasing, maintaining, servicing, repairing,
altering, replacing, moving or installing any alarm system in or on
any building, structure, or facility.
shall mean any mechanical or electrical device or devices
which is designed or used for the detection of unauthorized entry,
and/or alerting others of the commission of unlawful acts in a building,
structure or facility and which emits a sound or transmits a signal
or message when activated.
shall mean a device designed for the detection of unauthorized
entry on premises which generates an audible sound that can be heard
by persons outside the premises when it is actuated.
shall mean an alarm signal necessitating response by a police
agency where there exists neither an emergency situation nor reasonable
cause to believe such a situation exists. A false alarm shall not
include alarms caused by earthquakes, strong windstorms, unusually
heavy rainstorms, or other violent conditions beyond human control.
shall mean an alarm system which is not serviced by an alarm
business.
shall mean an alarm system which is owned or maintained by
an alarm business for the protection of the property of a subscriber,
customer, or client of such alarm business.
(Ord. 2258 6-29-76; Ord. 2351 8-7-79)
It shall be unlawful for any person, firm, corporation or other entity to install or maintain, or cause to be installed or maintained, on any premises under his control a functioning subscriber or proprietor alarm system without having obtained a written permit from the Permits and Licenses Committee pursuant to Sections 8-27 through 8-53.2 of this Code. Each such permit issued shall be valid for one calendar year.
Said permit may be applied for by an alarm business or agent
servicing said premises. No such permit shall be issued or renewed
until the applicant files with the Committee written certification
executed by an alarm agent stating that said agent has personally
inspected the alarm system and that it conforms to the provisions
of this Code and all applicable regulations. The fee for renewal applications
shall be $15.
(Ord. 2351 8-7-79; Ord. 2391 12-9-80; Ord. 2453 9-20-83)
The Police Chief may prescribe minimum standards and regulations
for the design, construction and maintenance of all alarm systems
installed within the City. The standards and regulations shall become
effective upon adoption thereof by resolution of the City Council.
All alarm systems shall meet or exceed such standards and regulations
before permits may be issued pursuant to this ordinance. The Police
Chief may require inspection and approval of all alarm systems installed
within the City.
(Ord. 2351 8-7-79)
When a subscriber alarm system has been activated, the alarm
business which owns, leases or maintains such a system shall have
an alarm agent present at the location within one hour after being
requested to do so by an officer of the Inglewood Police Department.
When a proprietor alarm system has been activated, the owner
or other person in responsible control of the location wherein such
system is located shall be present at such location within one hour
after being requested to do so by an officer of the Inglewood Police
Department.
At every audible alarm system location, a notice shall be prominently
posted so as to be visible from the nearest street or public passageway
indicating the telephone number of the person or persons to be notified
to render repairs or service and to secure the premises during any
hour of the day or night during which the system may be activated.
(Ord. 2351 8-7-79)
It shall be unlawful for any person to install or maintain any
audible alarm system which creates a sound similar to that of an emergency
vehicle siren or civil defense warning system.
(Ord. 2351 8-7-79)
The foregoing sections are not applicable to:
(1)
Audible
alarms affixed to motor vehicles;
(2)
Fire
alarms and fire and police call boxes;
(3)
A public
telephone utility whose only function is to furnish telephone service
pursuant to tariffs on file with the California Public Utilities Commission;
(4)
Devices
installed by a telephone company to protect its own systems;
(5)
Alarm
systems which protect property of the City and other public property;
(6)
Persons
or firms engaged solely in the manufacture or sale of alarm system
components from a fixed location and who do not install, maintain,
service or plan the alarm system for a specific location; and
(7)
Alarm
systems which do not alert law enforcement agencies or others outside
the protected facilities.
(Ord. 2351 8-7-79)
It shall be unlawful for any person except a public utility
engaged in the business of providing communications services and facilities
to use or operate, attempt to use or operate, or cause to be used
or operated, or arrange, adjust, program or otherwise provide or to
install any alarm system that will upon activation, either mechanically,
electronically or by other automatic means, initiate an intrastate
call and deliver a recorded message to any telephone number assigned
to any subscriber by a public telephone company, without the prior
written consent of such subscriber.
(Ord. 2351 8-7-79)
In addition to the grounds for revocation set forth in Sections 8-46 and 8-47 of this Code, any alarm permit may be revoked on any one of the following grounds:
(1)
More
than four false alarms from a given location during any calendar year.
(2)
Use
or installation of any alarm system at such location not conforming
to the provisions of this Code or the regulations prescribed pursuant
to Section 8.65.1 of this Code.
(Ord. 2351 8-7-79)
It shall be unlawful to cause or create a false alarm. This
shall not be deemed to prohibit brief test of an audible alarm system
without having obtained permission from the Police Department or test
of other alarm systems with advance permission of the Police Department.
(Ord. 2189 7-2-74; Ord. 2351 8-7-79)
A service charge of Fifty dollars shall be paid to the City by each alarm system permittee not exempt as provided by Section 8-65.4 of this Chapter for the third response by the Police Department to a false alarm within a calendar year. In the event of a fourth response during a calendar year, the permittee shall be charged Seventy-five dollars and upon the fifth and all subsequent responses within a calendar year the required charge shall be One hundred dollars.
(Ord. 2351 8-7-79; Ord. 93-07 4-20-93)
Upon installation of any alarm system within the City, the installing
company shall cause the system to be thoroughly inspected and the
subscriber to be instructed in the operation and use of said system.
Within 30 days after said installation, the installing company shall
certify in writing on forms provided by the Inglewood Police Department
that the installed system is in proper functioning order, that it
in all ways complies with the relevant sections of the Inglewood Municipal
Code, and that the subscriber has been instructed as required.
(Ord. 2258 6-29-76; Ord. 2351 8-7-79)
(Ord. 2351 8-7-79)
(Ord. 2351 8-7-79)
(Ord. 2351 8-7-79)
It shall be unlawful for any person to operate or conduct a
public dance, public dancing club, or public dance hall, within the
City unless there shall be in attendance during all of the time when
any public dance shall be operated or conducted, a woman of good moral
character, designated in writing by the permittee, and approved by
the Chief of Police, and whose duty it shall be to act as matron at
such public dance and insist upon the enforcement of the rules required
to be posted by the provisions of this Article.
The following regulations governing public dance halls shall
be visibly posted within the room or rooms where the dance is being
conducted as well as any room used by the public in connection therewith:
It shall be unlawful for any person:
(1)
less
than 18 years of age to be admitted to a dance hall when not accompanied
by a parent or guardian;
(2)
to
be admitted when intoxicated;
(3)
to
allow intoxicating beverages to be consumed in a dance hall or in
any room used in connection therewith;
(4)
to
allow any vulgar, suggestive or immoral dancing in a dance hall;
(5)
to
smoke in a dance hall or room used in connection therewith;
(6)
to
be admitted to a public dance hall after having been notified of expulsion
therefrom by any police officer;
(7)
use
any profanity or to engage in any boisterous conduct within a dance
hall;
(8)
to
remove or deface any notice posted in accordance with this Section.
It shall be unlawful for any person, as principal, agent, officer
or employee, to manage, conduct or carry on, or permit upon any premises
owned or controlled by him, any public dance between the hours of
2:00 a.m. of any day and 6:00 a.m. of the same day, and no person
shall participate in or be present at any such public dance between
said hours of 2:00 a.m. of any day and 6:00 a.m. of the same day.
The Permits and License Committee when it determines that the
public interest may not be adversely affected may issue a permit allowing
the conduct of a dance at hours other than permitted by the provisions
of this Section.
(Ord. 1455 5-12-59)
Any person desiring to conduct a public dance within the City
upon a single occasion, shall apply to the Permits and Licenses Committee
for a special permit so to do and said Committee may grant or withhold
such permit on such terms and conditions as may appear to the Committee
not to be detrimental to the public interest.
The provisions of this Article shall not be construed to require
any fee for dances held by memorial or fraternal associations, or
dances held in connection with patriotic, charitable, or holiday celebrations
or festivals where such dances are casual, or for dances conducted
upon a single occasion only and which are not conducted more often
than once a month.
It shall be unlawful to directly or indirectly pay to the participant
of a public dance, or directly or indirectly to permit a participant
in a public dance to receive, all or any portion of the fee charged
or collected for such dance from any other participant in such dance.
The permittee under a permit for a public dance or dance hall
may apply to the Chief of Police for the appointment of a special
police officer to be paid by such permittee and to be in constant
attendance in such public dance hall, public dancing club or public
dance during such times as dances are conducted therein, for the purpose
of preserving order and seeing that no violation of any law of the
State or ordinance of the City is permitted, but the presence of such
special officer at any such public dance, public dancing club or public
dance hall shall not relieve the permittee or proprietor thereof,
or any of his employees, from responsibility for any violation of
any law or ordinance.
In addition to the grounds designated generally for the revocation
of permits in this Article, the Permits and Licenses Committee or
the City Council may revoke a dance permit whenever it is shown upon
satisfactory evidence that the permittee has failed or refused to
comply with the provisions of this Section.
It shall be unlawful to print, prepare, publish, sell, distribute
or throw or give away, or attempt to print, prepare, publish, sell,
distribute, throw or give away, within the City, any written or printed
form, chart, table, list, sheet, circular or publication of any kind,
giving or purporting to give or represented as giving, any list, or
probable or possible list, of entries of any horse race or other contest
thereafter anywhere to take place or which is anywhere taking place,
if there be written or printed or published as part thereof, or in
connection therewith, or in any other publication or writing accompanying
the same or referring thereto or connected therewith, any tip, information,
prediction, or selection of, or advice as to, or any key, cipher or
cryptogram, indicating, containing or giving any tip, information,
publication or selection of, or advice as to the winner or probable
winner, or a loser or probable loser, or the result or probable result
of any such race or other contest or the standing or probable standing
of any horse or other contestant therein, or any statement as to,
or comment on, or reference to, the form, condition or standing of
any horse or other probable contestant, or the actual, probable, or
possible result of any race or contest, or the actual, probable, or
possible state, past, present or future, of the betting, wagering
or odds upon or against any horse or other contestant named in such
list without a special permit in writing first had and obtained from
the Permits and Licenses Committee so to do, as an "Approved Information
Licensee".
[1]
See Section 19664 of Bus. & Prof. Code for add'l requirements.
Any person desiring a license as an Approved Information Licensee
shall file, in duplicate, an application therefor with the City Clerk
which shall contain the following information:
(1)
Name
of applicant, or the names of all of the co-partners or principal
officers thereof if a co-partnership or corporation.
(2)
Applicants
local business address and permanent address.
(3)
The
name of the printed or written matter intended for distribution in
the City.
(4)
The
color thereof.
(5)
A statement
as to whether or not applicant (or any partner or officer of applicant)
has ever been convicted of a felony and if so convicted, the designation
of the felony, place of conviction, term for which convicted, length
of time, and place at which, if any, the sentence was served.
(6)
The
number of persons applicant intends to employ in distributing and/or
selling such materials.
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Such application shall be signed and sworn to by the applicant
before an officer authorized to administer oaths. To each of said
applications shall be attached the following:
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(1)
|
Two copies of a recent photograph of applicant (or affiant)
on white paper, size 1½ inches by 1½ inches; and
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(2)
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Specimen copy of proposed material, showing nature of information
intended to be included in said material.
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The Permits and Licenses Committee shall consider the application
at its first regular meeting following the filing of the application
or as soon thereafter as practicable and shall grant or deny the application
in accordance with the standards governing determinations of the Committee
generally.
As a condition precedent to the granting of any permit pursuant
to this Section the applicant shall file a bond approved by the City
Attorney as to form and by the Mayor as to surety, in the penal sum
of $1,000.00 conditioned upon the permittee fully and faithfully complying
with the requirements of this Chapter. In lieu of posting the bond
heretofore referred to, the applicant may deposit the sum of $1,000.00
in cash with the City Treasurer. Said cash deposit shall be returned
to the applicant upon the expiration or surrender of his permit if
the applicant has fully and faithfully complied with the requirements
of this Chapter.
(Ord. 1430 11-18-58)
The permit shall entitle the Approved Information Licensee to
make sales of such materials as are specified in the permit application
through and by means of:
(1)
One
salesman, who shall be the permittee if an individual; or
(2)
One
salesman, who shall be an officer of the corporation, if permittee
is a corporation; or
(3)
One
salesman who shall be a member of the firm, co-partnership or association,
in the event permittee is neither an individual nor a corporation;
and
(4)
Not
to exceed three additional salesmen at any one time.
Each and every salesman referred to in this Section must at
all times carry with him a certificate signed by the Approved Information
Licensee certifying that such employee is a duly authorized salesman.
No salesman shall be permitted to sell or distribute any of said materials
until a full, true and correct duplicate copy of such certificate
of authority has been filed in the office of the Chief of Police.
(1)
The
provisions of this Section requiring a license or certificate shall
not apply to:
(a)
Any newspaper of general circulation, as defined in Section 6000
of the Government Code;
(b)
The portion of the City included within the property owned and controlled
by any racing association duly licensed by the State of California
to conduct horse racing under and in accordance with the laws of said
State relating to such matters;
(c)
Sales of such materials or items made by a merchant duly licensed
by the City and having a fixed place of business therein; provided
such sales are made only inside the building in which such licensed
business is conducted.
(d)
Sales, distribution, giving away, printing or publishing of such
materials or items by an Approved Information Licensee by and through
himself or his own agents, salesmen or employees only; provided each
copy of such materials or items sold, given away or offered bears
the name, address and business license number of such licensee, together
with a statement that such publisher, printer, seller or distributor
is such an Approved Information Licensee, under the provisions of
this Section.
(2)
The
provisions of this Section requiring an oral information license,
however, shall apply to the foregoing persons and entities designated
in 1-a through 1-d hereinabove, inclusive.
It shall be unlawful to sell, offer to sell, give away or distribute
any materials designated in this Section unless a true copy of such
material has been filed with the Chief of Police not later than 11:00
a.m. of the day during which such selling or distribution activity
is to occur.
It shall be unlawful to disseminate or distribute any materials designated in this Section within any place within the City, unless permitted in subsection 8-67.6 between the hours of 4:00 p.m. and 7:00 p.m. of any day.
The issuance of a license and permit to an Approved Information
Licensee shall authorize such licensee to distribute only one form
of information sheet or material, which must be of distinctive form,
wording, color and size. The licensee must pay an additional license
fee of $150.00 as in the first instance, for each additional or different
form of information sheet or material distributed or disseminated
by such licensee, which additional license fee must be paid before
dissemination or distribution thereof is commenced.
It shall be unlawful to sell or distribute any materials designated
in this Section on any public street, public right-of-way or public
place or to interfere with the normal flow of traffic on any street.
It shall be unlawful to engage in the business of giving, or
conveying any oral information, advice, suggestion, prediction, selection
or tip as to the winner or probable winner, or probable loser, or
the result or probable result of any horse race or other contest,
or the standing or probable standing of any horse or other contestant
therein, or any statement as to, or comment thereon, or reference
to, the form, condition or standing of any horse or other probable
contestant, or the actual, probable, or possible result of any race
or contest, or the actual, probable, or possible state, past, present
or future, of the betting, wagering or odds upon or against any horse
or other contestant in any horse race or other contest thereafter,
anywhere to take place or which is anywhere taking place, without
first obtaining a special permit in writing from the Permits and Licenses
Committee so to do, as an Authorized Oral Information Licensee.
An application for an oral information permit shall be filed
with the Permits and Licenses Committee in such form and manner as
is required by the Committee.
The Permits and Licenses Committee, in its discretion, may grant
or refuse to grant any such permit applied for, and in the event of
granting any such permit may specify and impose the terms and conditions
upon which the same is granted, and no such permittee shall directly
or indirectly violate any of the terms and conditions so specified
or imposed. No permit shall be granted except for use within a fixed
place of business which shall be designated in such permit, nor for
a period other than the calendar year or remainder thereof.
Such permit and the payment of the license fee shall authorize:
(1)
One
salesman, or informant, who shall be the permittee if an individual;
or
(2)
One
salesman, or informant, who shall be an officer of the corporation,
if permittee is a corporation; or
(3)
One
salesman, or informant, who shall be a member of the firm, co-partnership
or association, in the event permittee is neither an individual nor
a corporation; and
(4)
Not
to exceed three additional salesmen or informants at any one time,
to conduct such business at and within the fixed place of business
designated in the permit only.
Any permit issued pursuant to the provisions of this Section
may be suspended by the Chief of Police upon his determination that
the permittee has failed or refused to comply with such provisions
or any other law and any permits may be revoked following the procedure
governing the revocation of permits set forth in Article 3 of this
Chapter.
It shall be unlawful for any person:
(1)
to advertise
in any newspaper, or any other medium that he has for sale any automobile,
which automobile is not actually for sale at the premises at the time
the advertisement is inserted in said medium, and no person shall
fail to discontinue the advertisement of any automobile immediately
upon the selling of the same. Within forty-eight hours after any automobile
that has been advertised for sale has been sold it shall be mandatory
for the automobile dealer to withdraw any advertisement relative to
such automobile from any newspaper or any other medium in which he
had been advertising the sale of such automobile; or
(2)
Who is
engaged as a used automobile dealer to sell an automobile from any
place other than a fixed and established place of business, for which
a license has been granted to conduct the business of selling used
automobiles.
Every used automobile dealer shall keep a record of the purchases,
consignments, sales or exchanges of each and every motor vehicle,
purchased, sold, consigned to be sold or exchanged by him. Said record
shall include the name and address of the person, firm or corporation,
from whom purchased or received, to whom sold, the make, state license
number, motor number, serial number, style and seating capacity of
each used motor vehicle purchased, received or sold, and said record
shall at all times be open to the inspection of the Chief of Police
or his authorized representatives. Such records shall be kept intact
and preserved for a period of three years.
Every dealer in used automobiles shall display a sign in letters
of not less than six inches in height, said sign to be placed in a
conspicuous place on the front of the building line of the premises,
and the same must be legible for fifty feet. Said sign must give the
name of the person authorized by the State law and this Code to conduct
the business of a used automobile dealer at said location.
It shall be unlawful for any owner, operator, licensee, landlord, tenant, manager, agent, independent contractor, or employee to operate, encourage or maintain any of the following types of businesses without first obtaining a business license from the Finance Department after the approval of the Permits and Licensing Committee, a Special Use Permit from the Planning Commission or City Council, and a Building Permit from the City Building Official: acupressure establishments, acupuncture establishments that provide on-site massage or acupressure therapy, adult cabarets, adult live entertainment theaters, bath, Turkish bath, and spa houses, chiropractor establishments that provide on-site massage or acupressure, escort, dating and introduction services, massage establishments or massage parlors, tanning salons, or any similar types of business establishment. In considering the issuance of a Special Use Permit, the Planning Commission shall consider those factors required by all Special Use Permit applicants as specified in Sections 12-95.2 and 12.95.3 of the Inglewood Municipal, but the Planning Commission shall not consider any restrictions that might act as a prior restraint on any first amendment rights of the applicant.
In order to obtain a Special Use Permit, the establishment must comply with all zoning requirements (or be waived as a legally non-conforming use pursuant to Section 12-60 of the Inglewood Municipal Code), including, but not limited to, being located in a permitted zone. Massage, acupressure, and acupuncture and chiropractor establishments that provide on-site massage or acupressure therapy, must also meet the mandatory special use conditions set forth in Sections 12.95.4.1 and 12.95.2 of the Inglewood Municipal Code. Tanning salons shall also meet the mandatory conditions set forth in Section 12.95.4.3 of the Inglewood Municipal Code.
(Ord. 01-14 10-2-01; Ord. 02-21 6-11-02)
It shall be unlawful to administer to any other person any massage,
any alcohol rub or similar treatment, fomentation, any bath or any
electric or magnetic treatment without a permit from the Chief of
Police. It shall be unlawful for any person to be employed in any
such establishment where any such massage, alcohol rub or similar
treatment, fomentation, any bath or any electric or magnetic treatment
is given, applied or administered without a permit from the Chief
of Police.
No mobile home park shall be located or established in Fire
Zones 1 or 2 as defined in Chapter 11 of this Code.
[1]
Health and Safety Code Sections 18020 et seq., expressly preempt
all local ordinances re mobile homes.
It shall be unlawful for any person to operate a model studio
in the City of Inglewood or to be employed at same without first obtaining
a permit to do so from the Permits and Licenses Committee.
An annual fee shall be payable in the sum of a minimum of $500,
however, the applicant shall pay the actual cost of administrative
and investigative costs not to exceed $2500. An up-front deposit of
$2500 shall be paid by the applicant before the application will be
processed. A refund not to exceed $2000 shall be returned to the applicant
for any costs not actually incurred by the City to administer and
investigate the application or renewal.
(Ord. 2453 9-20-83; Ord. 01-14 10-2-01)
Permits issued hereunder shall be for a term of one year commencing July 1 and ending June 30 of the following year. Permits issued in mid fiscal year shall be for a term ending June 30 and the application fee shall be prorated. The application, issuance, revocation, renewal, suspension and all other matters relating to permits required by Section 8-71 shall be governed and regulated but not limited to the procedures established by Article 3 of this Chapter.
An employment or operation permit for a model studio shall not
be issued to any person under twenty-one years of age or to a corporation
any of whose officers are under twenty-one years of age.
Applications for permits to operate a model studio or to be
employed at the same in addition to the requirements set forth in
Article 3 of this Chapter, shall contain or be accompanied by a true
photograph of each applicant (approximately one and one-half inches
square and taken within thirty days of application) and by the fingerprints
of the thumb and fingers of each hand of each applicant. In the case
of a corporation, such photograph and fingerprints shall be furnished
by the president and vice-president, the secretary and the treasurer
of the corporation; in the case of a partnership or firm, of each
member or partner of the partnership or firm; and in the case of individuals,
of each individual applicant. Failure to furnish the required information,
photograph and fingerprints, will be sufficient grounds for the denial
of any application.
The Permits and Licenses Committee shall hold a public hearing
with notice given pursuant to Article 3 of this Chapter to ascertain
all facts or evidence bearing on the place where the proposed model
studio is to be located and the character, reputation and moral fitness
of the permittee and those who will be in operation or charge.
In addition to the causes for denial or revocation set forth
in Article 3 of this Chapter, the Permits and Licenses Committee shall
deny or revoke a permit required by or issued pursuant to this Section
upon the finding:
(1)
That
the Permittee is not of good moral character. Anyone convicted of
an offense involving moral turpitude including, but not limited to:
(a)
All offenses listed in Section 290 of the Penal Code;
(b)
Any subsection of Section 311, subsection (a), (b), (c) or (d) of
Section 647 of the Penal Code;
(c)
Any offense resulting from a reduction of the aforementioned offenses
shall be deemed not to be of good moral character for the purposes
of this Section;
Every permittee hereunder shall be required to annually renew
the permit issued by applying for renewal in the form and manner designated
by the Permits and Licenses Committee.
The following regulations shall be applicable to model studios:
(1)
Signs.
A person operating a model studio shall not erect or maintain or permit
the erection or maintenance on the outside of the said model studio
any sign which in whole or in part depicts the human form or any portion
or portions thereof, whether clothed or unclothed.
(2)
Hours.
A person shall not conduct or operate a model studio between the hours
of 12:00 p.m. and 10:00 a.m. of the following day.
(3)
Supervision.
A person operating a model studio, or a manager previously fingerprinted
and approved by the Police Department shall be present on the premises
at all times when the establishment is in operation. A person operating
or managing a model studio shall not be a model of a studio if other
models are employed by that studio.
(4)
Visibility.
A person operating a model studio shall not permit conditions to exist
wherein the interior of the said model studio shall be visible from
the outside of the premises.
(5)
Inspection.
A person operating a model studio shall be responsible for and shall
provide that any room or area used for the purpose of figure modeling
shall be readily accessible at all times and shall be opened to view
in its entirety for inspection by any law enforcement officer.
(6)
Records.
A person operating a model studio shall maintain a current file of
all figure models employed by him or using the premises. This file
shall contain true name and aliases used by the figure model, age,
birth date, height, weight, color of hair and eyes, home address,
phone numbers, Social Security number and the date of employment and
termination. Inactive file cards shall be maintained on the premises
for the period of one year following termination. Such person shall
make all records available immediately upon demand of any peace officer.
(7)
Communication
devices. A person operating a model studio shall not permit communication
devices to be installed or used in any manner on the premises so as
to interfere with or hinder inspections by peace officers.
(8)
Posting.
A person operating a model studio shall post and continuously keep
posted a copy of the ordinance codified in this Chapter in a conspicuous
place inside the premises.
(Ord. 1975 12-20-68)
It shall be unlawful for any person to operate or cause to be
operated or participate in the operation of any Outdoor Restaurant
without a permit duly issued by the Permits and Licenses Committee.
(Ord. 02-14 3-19-02)
Applications for permits (as well as suspension and revocation
matters) shall be processed in the manner designated in Article 3
of this Chapter and the Committee may issue a permit if it finds the
following:
(1)
That
the application is complete and proper in form and all statements
therein are true and correct; and
(2)
That
the proposed Outdoor Restaurant will create no apparent danger to
the health and safety of the neighborhood or the city; and
(3)
That
the conducting of the proposed Outdoor Restaurant at the location
and during the hours applied for will not result in disturbing the
peace and quiet of the neighborhood or vicinity in which such restaurant
is located; and
(4)
That
the intended use of the premises for which the permit is sought will
not conflict with any laws of the State of California or ordinances
of the City.
(5)
That
in the case of a proposed Outdoor Restaurant, the use will not interfere
with the use of a public street or sidewalk.
(Ord. 02-14 3-19-02)
Upon receiving an application for renewal of a permit between
November 1 and December 31 of any year, the Committee shall issue
a permit for one year commencing January 1 next following; provided,
however, that the expiring permit has not been suspended or revoked.
A permit fee of $250 shall be paid at the time that the first
application for a permit is submitted. Thereafter an annual renewal
fee of $250 shall be payable.
(Ord. 02-14 3-19-02)
Any person engaged in the business of operating or managing
a pawn shop or acting as a pawn broker shall complete and file with
the Chief of Police a "Buy-Form" covering each days' transactions
of said designated business in a form and manner as required by the
Chief of Police. Such fully completed Buy Form shall be delivered
or mailed to the Chief of Police within three hours after the close
of business of each business day.
The "Buy-Forms" referred to herein shall contain a full, true
and complete report, in legible English, of all goods and merchandise
received on deposit, consigned, pledged, or purchased during the day
covered by such forms, and shall also contain such other information
as may be required by the Chief of Police and which, in the opinion
of the Chief of Police, considering the type of business of the licensee,
may assist in the detection of stolen property. Every licensee shall
enter upon the "Buy-Form" positive identification furnished by the
seller, pledge-maker or consignor, such as driver's license number,
work badge number, auto or truck license number, and junk collector's
business license number, in addition to the true name and address
of the seller, pledge-maker or consignor. In lieu of the positive
identification mentioned above, such licensee may require the seller,
pledge-maker or consignor to furnish a plain impression print of his
right index finger, or next finger in the event of amputation, upon
the face side of the original sheet of the "Buy-Form".
The Chief of Police shall maintain a file of the originals of all "Buy-Forms" received pursuant to the provisions of Section 8-73 for a period of at least two years after receipt thereof, and such "Buy-Form" shall be open to inspection by any peace officer.
Every licensee shall preserve for a period of at least two years
a copy of the "Buy-Form," containing a carbon copy record thereon
of the original writing made by the licensee, the original of which
has been furnished to the Chief of Police. Every such record shall
be produced by the licensee for inspection by any peace officer within
such two-year period, and any property pledged, purchased or received
by such licensee which is described or referred to in any such "Buy-Form"
shall likewise be produced by such licensee for inspection by any
peace officer upon request, if such request is made within the period
during which the licensee is required hereunder to hold such property.
Every person who sells, pledges, or consigns any property to
any licensee in the course of business covered by the license of such
licensee, shall furnish on said "Buy-Form" report or record, true
positive identification to the licensee by which such person can be
located by the Chief of Police. Such person shall also sign his or
her true name and write or print his or her true address upon the
"Buy-Form" in the space provided for same at the time such business
is transacted.
Every person making out any "Buy-Form" report or record required
by the terms of this Section, or any copy thereof, shall sign his
true name and give the true name and correct address of the licensee.
It shall be unlawful for any person required by this Section
to sign any paper or form, to sign a fictitious name or any other
than his true name, to give any address other than his true and correct
address or to sign the name of any other person to a "Buy-Form" or
any other record required in this Section.
It shall be unlawful for any person to melt, destroy, sell or
otherwise dispose of any metal purchased or received by such junk
dealer which is, or by economically feasible repair can be made, usable
for the purpose for which it was originally designed, until at least
twenty-one days after making a report to the Chief of Police that
such metal has been received by such dealer; provided, however, that
such waiting period shall not apply to property purchased on a bill
of sale or invoice from a place of business established to sell the
same type of articles for at least two years.
It shall be unlawful for any person to melt, destroy, sell or
otherwise dispose of any article, goods, or merchandise obtained or
used in any business subject to the provisions of this Section prior
to fourteen days after making the report to the Chief of Police, showing
that such article, goods, or merchandise has been purchased or received
by such person.
The Chief of Police may place a hold order upon any property
acquired by the licensee in the course of any business subject to
the provisions of this Section for a period of not to exceed ninety
days, and in such case, the licensee shall retain such property for
the prescribed period and shall not dispose of the same unless upon
written release of the Chief of Police. The Chief of Police may also
require the licensee to keep a true record of any such property and
to ascertain and report therewith the true name and address of the
person to whom such property was sold, transferred, or otherwise disposed
of.
The Chief of Police, in his discretion, may, in writing release
any property covered by this Section which he has inspected, either
personally or through his authorized officers, if, after such inspection,
he is satisfied that such property is in the lawful possession of
the licensee.
Merchandise listed in "Buy-Forms" may be sold and transferred
between businesses who have duly complied with the provisions of this
Section without executing "Buy Forms" therefor; provided, however,
that transfers between junk dealers or collectors shall not be exempt.
Licensees making a transfer or sale exempt hereunder shall notify
the Chief of Police in writing with respect thereto prior to or at
the time of such exempt transfer or sale.
Until the waiting period required in this Section has expired
or until the Chief of Police has effected a release, the licensee
shall at all times during business hours maintain pawned merchandise
exposed to public view and the licensee shall not clean, alter, repair,
paint or otherwise change the appearance of such merchandise.
A licensee subject to the provisions of this Section shall not
export from the City any goods or merchandise, pledged or consigned
to or received by such licensee in his capacity as such licensee until
the Chief of Police has inspected and released such property.
It shall be unlawful for a person to operate a taxicab business
in the City or drive a taxicab in the City without first obtaining
a permit pursuant to the provisions of this Chapter.
Applications for permits to operate a taxicab business or to
drive a taxicab shall be made on forms furnished at the office of
the Chief of Police, and such forms shall contain spaces for such
information with reference to the applicant as the Chief of Police
may reasonably require. All spaces for information in such forms must
be truthfully filled out and all questions contained in such forms
must be truthfully answered. Each application shall be accompanied
by a true photograph of each applicant (approximately one and one-half
inches square and taken within thirty days of date of application),
and by the true fingerprints of the thumb and fingers of each hand
of each applicant. In the case of a corporation such photograph and
fingerprints shall be furnished by the President and Vice-President,
the Secretary and the Treasurer of the corporation; in the case of
a partnership or firm, of each member or partner of the partnership
or firm; and in the case of individuals, of each individual applicant.
Failure to furnish the required information, photograph and fingerprints,
will be sufficient grounds for the denial of any application.
Every driver of a taxicab must be a citizen of the United States
or a legal resident thereof and must be duly licensed by the California
Department of Motor Vehicles.
(Ord. 94-15 9-27-94)
(Ord. 2192 7-30-74)
Before any permit to operate a taxicab business is issued, the
applicant shall be required to file with the City Council, and thereafter
keep in full force and effect, a policy of automobile liability insurance
in such form as the Council may deem proper, executed by an insurance
company currently authorized and/or approved by the Insurance Commissioner
of the State of California to transact business in California, insuring
the public against any loss or damage that may result to any person
or property from the operation of any vehicle used in such business
shall provide coverage substantially as follows:
Combined single-limit liability coverage for personal injury
and property damage in any one accident in an amount not less than
$500,000.
(Ord. 2192 7-30-74; Ord. 94-15 9-27-94)
(Ord. 94-15 9-27-94)
No taxicab business permit shall be issued to any person until
a standard, distinctive uniform color scheme has been adopted by the
applicant and approved by the City Council, which shall be used on
all taxicabs used in such business.
No permit for the operation of any taxicab shall be granted
until the Council determines that public convenience and necessity
require the operation of said taxicab, and no person shall operate
or permit a taxicab owned or controlled by him to be operated as a
vehicle for hire upon the streets of the City without having first
obtained a certificate of public convenience and necessity from the
City Council.
An application for a certificate of public convenience and necessity,
together with a cashier's check in the amount of $250, representing
the city's investigation costs, shall be filed with the City Council.
The application shall be verified under oath and shall furnish the
following information:
(1)
The
name and address of the applicant.
(2)
The
financial status of the applicant, including the amounts of all unpaid
judgments against the applicant and the nature of the transaction
or acts giving rise to said judgments.
(3)
The
experience of the applicant in the transportation of passengers.
(4)
Any
facts which the applicant believes tend to prove that public convenience
and necessity require the granting of a certificate.
(5)
The
number of vehicles to be operated or controlled by the applicant and
the location of proposed depots and terminals.
(6)
The
color scheme or insignia to be used to designate the vehicle or vehicles
of the applicant.
(7)
Such
further information as the City Council of the City may require.
(Ord. 2385 11-4-80)
Upon the filing of an application for a certificate of public
convenience and necessity, the City Council shall fix a time and date
for a hearing. Notice of the hearing shall be given to the applicant
and to all persons then holding certificates of public convenience
and necessity hereunder. Notice shall also be given to the general
public by posting a notice of such hearing on the bulletin board in
the main lobby of the City Hall at least ten days prior to such hearing.
(Ord. 99-36 12-14-99)
If the City Council finds that the additional taxicab service
applied for is required by the public convenience and necessity and
that the applicant is fit, willing and able to perform such further
public transportation service and to conform to the provisions of
this Code and the rules promulgated by the City Council, then the
City Council shall issue a certificate stating the name and address
of the applicant, the number of vehicles authorized under said certificate
and the date of issuance; otherwise, the application shall be denied.
In the event of a proposed transfer of a certificate of public convenience and necessity, the transferee shall file an application as provided in Section 8-74.8 and a hearing shall be conducted as provided in Section 8-74.9. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the written consent of the City Council.
(1)
A
certificate issued pursuant to the provisions of this Chapter may
be suspended or revoked by the City Council if the holder thereof
has:
(a)
Violated any of the provisions of this Code, performance standards
or other rules or regulations governing taxicab operations as established
City Council resolution.
(b)
Discontinued operation for any period exceeding one hour for causes
or reasons other than driver strike, riot, unusability of the holder's
taxicabs as a result of illegal destruction or other calamitous event.
(c)
Become unfit, in the opinion of the City Council, for any material
reason to offer public transportation service.
(2)
Prior
to any revocation being made effective by the City Council, the holder
shall be given no less than five days written notice of the proposed
action of revocation; shall be permitted to be present at all stages
of the Council hearing or hearings pertaining to such revocation and
shall be given the opportunity to offer testimony and evidence and
to cross-examine persons testifying in support of revocation and shall
have an opportunity to examine all documentary evidence introduced
in support of revocation at least 24 hours prior to the hearing or
continued hearing. The City Council, however, may suspend any certificate
for a period not to exceed five days upon finding any ground of revocation
set forth in 1(a) through 1(c) hereof, inclusive.
(Ord. 2192 7-30-74)
Any person who succeeds any officer of a corporation or member
of a firm, as such, and any individual who succeeds any other individual,
holding a permit under this Article shall comply with the provisions
hereof within ten days after the date upon which any such change or
succession occurs.
Permits provided for in this Section may be granted, denied,
revoked, suspended or canceled, whenever, in the exercise of reasonable
and sound discretion, the City Council determines that the provisions
of this Section have not been complied with, or that the permittee
or applicant is or is not a fit or proper person to operate a taxicab
business.
From the time of the revocation or during the suspension of
any permit, the person whose permit is suspended or revoked shall
not drive, or be in charge of any taxicab or permit any vehicle on
which the permit has been suspended or revoked to stand while waiting
employment at a location designated in such suspended or revoked permit,
until a new permit has been procured or until the period of suspension
shall have expired.
The City Council may suspend or revoke any of the permits referred
to in this Section if the permittee has been convicted of the commission
of a felony, reckless driving, pandering, or the use, sale, possession,
information or transportation of narcotics, or illicit intoxicating
liquors, or assault or battery, or has charged rates other than those
which the permittee has on file with the Council, or has violated
any of the rules and regulations of the Council pertaining to the
operation of or the extent, character and quality of the service of
taxicabs.
A taxicab permit shall only be issued to an applicant who is
the registered owner of all the vehicles in its fleet, except in the
case of a registered California Consumer Cooperative, in which case
the vehicles may be registered to individual members of said cooperative.
If a license is granted to a California Consumer Cooperative, the
cooperative shall be responsible for the actions of its employees,
agents, members and member drivers in the City of Inglewood. The applicant
may enter into a contract, agreement or understanding between itself
and a duly licensed taxicab driver to pay a fixed or determinable
sum for the use of such taxicab.
(Ord. 94-15 9-27-94; Ord. 99-36 12-14-99)
Each permit issued under the provisions of this Section shall
entitle the holder thereof to obtain a license to engage in the business
described in said permit from the Finance Director of the City upon
the payment of the appropriate license fee.
(Ord. 03-19 10-14-03; Ord. 07-08 4-25-07)
Permits may be issued to the owner of taxicabs allowing such
taxicabs while awaiting employment to stand at certain designated
places upon the streets.
No such stand permit shall be granted except upon the application
of the person desiring such stand, filed with the City Council, stating
the number and kind of vehicles for which the permit is sought, and
the proposed location of such stand.
The application for a stand permit must contain either the written
consent of the occupant of the first floor of that portion of the
building or property in front of which it is desired that said taxicab
shall stand, or, if such building shall contain more than one hundred
rooms and be used for hotel purposes, the written consent of the person
operating said hotel.
If there is no building on the premises in front of which it
is desired that a taxicab may stand, or if there is a building and
the first floor is not occupied, then such stand permit may be granted
upon the written consent of the owner of such building or premises.
(1)
Not
more than three vehicles shall be permitted to stand on any one side
of a street within the limits of any one block having a frontage of
five hundred feet or more, nor shall more than two vehicles be permitted
to stand upon any one side of such street within such block having
a frontage of less than five hundred feet. No permit shall be issued
for any stand to be located within fifty feet of another stand on
the same side of the street.
(2)
Notwithstanding
any other provisions of this Chapter, no permit may be issued for
a taxicab stand on Market Street between Florence Avenue and La Brea
Avenue.
In addition to the number of taxicabs that may be permitted
to stand upon a street within the limits of any one block, the City
Council may grant permission to a taxicab operator to stand upon the
street at the stations of any bus depot.
The City Council may, after exercising reasonable discretion,
grant renewals or extensions of permits for such stands.
No owner or driver of any taxicab shall stand while awaiting
employment at any place other than a stand designated by the City
Council and assigned to the owner of taxicab.
No owner or driver of any taxicab shall leave such vehicle unattended
in a stand for a period of time longer than three minutes.
Stands may be occupied for a period of twenty-four hours a day
except where standing, stopping and parking of vehicles is otherwise
prohibited by law.
Every taxicab used for carrying passengers for hire shall display
in the rear of the driver's seat and in the passenger's compartment
and in full view of the passengers, a card not less than two by four
inches, nor more than two and one-half by five inches, which shall
have printed thereon the owner's name under which he operates and
the business address and telephone number of such owner, together
with the rates to be charged by such taxicab.
Every taxicab shall have painted upon one door on each side
of said cab the name of the owner under which the owner operates,
together with the telephone number and the cab number. The number
of the cab and the telephone number of the owner shall be painted
upon the rear of such vehicle. All of the lettering mentioned in this
paragraph shall be of not less than two and one-fourth inches in height
and not less than a five-sixteenth inch stroke.
Every taxicab may display an electrically lighted vacant sign
attached to the top of such cab more than two and one-half inches
high by nine inches in length.
No person operating any taxicab shall operate such vehicle unless
it is equipped with a taximeter approved by the City Council. Every
such person using any taximeter shall at all times keep such meter
accurate. Such meter shall be subject to inspection from time to time.
Any inspector of the City Council or peace officer is authorized
to investigate any taximeter, and upon the discovery of any inaccuracy
of said taximeter to remove any vehicle equipped with said inaccurate
taximeter from the streets until said taximeter shall have been correctly
adjusted.
It shall be unlawful for any person to operate any taxicab pursuant
to this Chapter after a taximeter has been installed, removed, replaced
or repaired without first submitting said taximeter, as so installed,
to the Chief of Police for inspection.
(Ord. 1653 5-15-62)
All taxicabs must base their charges on taximeters, and all
taximeters shall be placed so that the reading dial showing the amount
to be charged shall be well lighted and readily discernible by the
passenger riding in such taxicab.
It shall be unlawful for any driver of a taxicab while carrying
passengers to display the flag attached to the taximeter in such a
position as to denote that such vehicle is not employed, or throw
the flag of the taximeter in a recording position when such vehicle
is not actually employed, or fail to throw the flag of such taximeter
in a nonrecording position at the termination of each and every service.
It shall be unlawful for any operator of any taxicab, upon receiving
payment of a fare, to refuse to give a receipt upon the request of
any passenger making said payment.
The minimum and maximum rates or fares to be charged the public
for metered taxicab service in taxicabs operating over any public
street in the City shall be those rates or fares which the City Council
may from time to time establish by resolution; and it shall be unlawful
for any person operating or in charge or control of any taxicab within
the City to charge, receive or collect any different rate or fare
for such taxicab service than those so prescribed by the City Council.
Upon the adoption of any such resolution, the City Clerk shall immediately
forward a certified copy of such resolution to all permittees holding
a then current permit under this Section.
When a taxicab is engaged, the occupant shall have the exclusive
right to the full and free use of the passenger compartment, and it
shall be unlawful for any owner or driver of said taxicab to solicit
or carry additional passengers therein.
Any driver employed to carry passengers to a definite point
shall take the most direct route possible that will carry the passengers
safely and expeditiously to their destination.
It shall be unlawful for any person to charge, collect, demand,
receive or arrange for any compensation for the service of any automobile
for hire in the City, used for the conveyance of passengers, any amount,
rate or compensation greater than the charges or rates approved by
the City Council.
The City Council shall have the authority to adopt such rules
and regulations as may be necessary for the service and safety of
the operation of taxicabs.
In the event the City is without taxicab service for any reason
for a period exceeding one hour, the Mayor, Administrative Officer
or Chief of Police may designate other taxicab operators to service
the City without compliance with the provisions of this Chapter or
the City Council's regulations. Such emergency authorization shall
terminate upon lawful resumption of service by the operators having
valid certificates of public convenience and necessity.
(Ord. 2192 7-30-74)
It shall be unlawful for any person to operate a wheel chair
bus business in the City without first obtaining a permit so to do
from the Permits and Licenses Committee.
The procedures governing the application for permits generally
as set forth in Article 3 of this Chapter shall govern the application
for a permit to operate a wheelchair bus business. The application
shall include the following information:
(1)
the
name and address of the applicant;
(2)
his
financial status, including the amounts of all unpaid judgments against
the applicant and the nature of the transaction or acts giving rise
to said judgment;
(3)
the
experience of the applicant in the transportation of wheelchair patients
or in this type of service;
(4)
the
number of vehicles to be operated or controlled, the location of proposed
depots or terminals, the color scheme or insignia to be used to designate
the vehicles, and the type of vehicles to be used;
(5)
any
facts which the applicant believes is significant to prove the necessity
for the granting of a permit;
(6)
such
other information as the Committee may require.
Before any permit to operate a wheelchair bus is issued, the
applicant shall be required to file with the City Council and thereafter
keep in full force and effect, a policy of insurance in such form
as the Council may deem proper, executed by an insurance company approved
by the Council, insuring the public against any loss or damage that
may result to any person or property from the operation of any vehicle
used in such business, provided the maximum amount of recovery in
such policy of insurance specified, shall not be less than the following
sums:
|
For the injury to any one person or the death of any one person
in any one accident
|
$100,000.00
|
|
For the injury to two or more persons, or the death of two or
more persons in any one accident for vehicles carrying less than ten
passengers
|
$200,000.00
|
|
For the injury or destruction of property in any one accident
|
$15,000.00
|
Any person may, in lieu of the aforesaid policy of liability
insurance filed with the Permits and Licenses Committee in such form
as the Council may deem proper, executed by a responsible and solvent
corporation authorized to conduct a bonding insurance business under
the laws of the State of California, which bond shall be conditioned
upon the payment of all final judgments which may be rendered against
any such person for damages on account of injuries to property or
person, including both passengers and the public, occasioned by the
operation of any motor vehicle used in such wheelchair bus business,
and which bond shall be in an amount graduated according to the number
of motor vehicles owned or offered for hire in such business according
to the following scale:
|
Where such person owns or offers for hire only one such motor
vehicle, said bond shall be in the sum of
|
$200,000.00
|
|
Where such person owns or offers for hire only one but less
than six such motor vehicles, said bond shall be in the sum of
|
$500,000.00
|
|
Where such person owns or offers for hire more than five but
less than twenty-one such motor vehicles, said bond shall be in the
sum of
|
$1,000,000.00
|
|
Where such person owns or offers for hire more than twenty,
but less than sixty-one such motor vehicles, said bond shall be in
the sum of
|
$1,500,000.00
|
|
Where such person owns or offers for hire more than sixty but
less than one hundred and one such vehicles, said bond shall be in
the sum of
|
$2,000,000.00
|
|
Where such person owns or offers for hire more than one hundred
such motor vehicles, said bond shall be in the sum of
|
$2,500,000.00
|
It shall be unlawful for any person to operate a wheelchair
bus:
(1)
Unless
each passenger is secured to wheelchairs by means of a safety belt
attached either to the wheelchair or to the wheelchair bus, and the
wheelchair in which each passenger is sitting is secured or immobilized
in such a manner that it will not move when starting, stopping or
turning.
(2)
Except
when the inside of the vehicle is adequately padded with rubber matting
or carpeting so as to protect such passenger from striking bare metal
or any other dangerous object.
(3)
Unless
the Chief of Police approves the padding, matting or carpeting in
the passenger compartment of said bus.
(4)
Unless
the passenger in the wheelchair bus shall face forward during the
movement of the vehicle.
(5)
Unless
the vehicle is:
(a)
Maintained in a clean and sanitary condition.
(b)
Designed and equipped to transport no more than four individuals
in wheelchairs.
(c)
Maintained in first-class mechanical condition and subject to inspection
by the Police Department at any time.
(d)
Identified in such a manner as to clearly indicate that the vehicle
is used for wheelchair transportation.
(e)
Equipped with side loading ramp for patients.
(f)
Equipped with a fire extinguisher of a type to meet the standards
set forth by the Fire Chief.
(g)
Equipped with a standard first aid kit.
|
The Chief of Police shall have the duty to inspect each vehicle
periodically to determine whether or not the safety requirements hereof
are being adhered to.
|
No permit shall be granted for wheelchair bus service unless
the depot operating location should be within the City of Inglewood,
or in such close proximity that service is available to users within
a reasonable time.
It shall be unlawful for any person to demand, receive or arrange
for compensation for service of a wheelchair bus, in any amount, rate
or compensation other than the charges or rates approved by the Permits
and Licenses Committee.
It shall be unlawful for any person to use a wheelchair bus
for transportation unless such person is physically handicapped and
by virtue thereof requires such transportation.
It shall be unlawful for any permittee to permit or for any
person to operate a wheelchair bus unless the operator thereof or
an attendant on duty therein possesses an advanced American Red Cross
First Aid Certificate or an Advanced First Aid Certificate issued
by the United States Bureau of Mines, and the Operator thereof holds
a valid California driver's license and has complied with all requirements
and standards for operators of ambulances prescribed by the Department
of Motor Vehicles pursuant to the provisions of Section 2512 of the
Vehicle Code of the State of California.
(Ord. 1799 5-8-69)
The Chief of Police may suspend the operation of any wheelchair
bus not being operated in compliance with this Section for a period
of ten days in which time proceedings in revocation may be brought
before the Permits and Licenses Committee in the manner designated
in Article 3 of this Chapter.
(Ord. 1799 5-8-64)
