For the purpose of this chapter, the following words and phrases
are defined, and shall be construed as set out in this section unless
it is apparent from the context that a different meaning is intended:
"Compensation"
means salary, fee, gift, payment, benefit, subscription,
loan, advance, stock, stock option, partnership, interest, reimbursement,
or deposit of money or anything of value; or a contract, promise or
agreement to make compensation.
"Influencing"
means promoting, supporting, influencing, modifying, opposing
or delaying by any means, including, but not limited to, the provision
or use of information, statistics, studies or analyses.
"Legislative or administrative action"
means the proposal, drafting, development, analysis, introduction,
consideration, amendment, enactment or defeat of any resolution, rate,
ordinance, motion, contract, agreement, franchise, license, permit,
rule or regulation of the city.
"Lobbying"
means:
1.
Communicating in the presence of a city official or employee,
with the intent to influence any legislative or administrative action
of that official or employee, which action is directly or indirectly
related to cable television; or
2.
Engaging in activities having the express purpose of soliciting
others to communicate with a city official or employee, with the intent
to influence legislative or administrative action directly or indirectly
related to cable television.
"Lobbyist"
means any person who is employed or receives compensation
for lobbying legislative or administrative action directly or indirectly
related to cable television. Any person who engages in lobbying and
within twelve months prior to the effective date of the ordinance
codified in this chapter, or at any time thereafter, receives or is
promised stock or any ownership interest in any business entity undertaking
activities designed or intended to effect ownership or operation of
a cable television system in the city at the time of the receipt or
the promise shall be considered a lobbyist.
"Lobbyist employer"
means any person who employs or contracts for the services
of one or more lobbyists, whether independently or jointly with others.
"Official or employee"
means any person elected to, appointed to or employed by
the city, or any city agency, board, commission or committee, whether
or not paid in whole or in part with city funds.
"Person"
means any individual, proprietorship, corporation, firm,
partnership, trust, association, joint venture, syndicate, company,
committee, or any other organization or group of persons acting in
concert.
(Prior code § 10816.1)
The following acts do not require a person to register as a
lobbyist:
A. Professional
services in drafting bills or in advising and rendering opinions to
clients as to the construction and effect of proposed or pending actions,
where these services do not otherwise constitute lobbying activities;
B. Appearance
before the council or any city committee, board or commission, upon
its specific invitation or request, but only if the person engages
in no further or other activities which would constitute lobbying;
C. Appearance
as part of the official duties of a duly elected or appointed official
or employee of the state or a governmental entity of the state, or
of the United States, and not in behalf of any other entity;
D. Actions
of a publisher or working member of the press, radio or television,
in the ordinary course of the business of disseminating news or making
editorial comment to the general public, who does not, however, engage
in further or other lobbying that would directly and specifically
benefit the economic, business or professional interests of himself
or his or her employer;
E. The
representation of a bona fide religious organization solely for the
purpose of protecting the right of its own members to practice the
doctrine of the organization.
(Prior code § 10816.3)
Violation of any provision of this chapter shall be a misdemeanor, punishable as provided by Chapter
1.20 of this code.
(Prior code § 10816.6)