Auburn Municipal Code Title XI Business Regulations

110 TELECOMMUNICATIONS 111 CABLE COMMUNICATION FRANCHISE PROCEDURES 112 MASSAGE ESTABLISHMENTS AND TECHNICIANS 113 PAWNBROKERS AND SECONDHAND DEALERS 114 BINGO GAMES 115 WIRELESS TELECOMMUNICATIONS FACILITIES 116 PEDDLERS, SOLICITORS AND VENDORS 117 AUCTION SALES; AUCTIONEERS 118 PRIVATE PATROL OFFICERS 119 AMBULANCES 120 VEHICLES FOR HIRE 121 AGGRESSIVE SOLICITATION 122 TOBACCO RETAILER LICENSE 123 SYRINGE EXCHANGE PROGRAMS PROHIBITED 124 ENTERTAINMENT ZONES

110 TELECOMMUNICATIONS

110 Community Antenna Television Systems (Sections 110.001-110.015) 110 Telecommunications Commission (Sections 110.030-110.033) 110 Cable Television Commission (Sections 110.045-110.048) 110 Radio And Television Reception Interference (Sections 110.060-110.063)

110 Community Antenna Television Systems (Sections 110.001-110.015) 110.001 Definitions 110.002 Use Of Telephone Facilities 110.003 Franchise To Operate 110.004 Franchises 110.005 Rights Reserved To The City 110.006 Permits And Authorizations; Commencement Of Work 110.007 Properties And Records Of Grantees 110.008 Changes Required By Public Improvements 110.009 Failure To Perform Street Work 110.010 Bonds 110.011 Insurance 110.012 Operation Standards 110.013 Miscellaneous Provisions 110.014 Violations 110.015 Definitions

• 112.016 Hearing; Notice

• 112.018 Suspension And Revocation; Notice

For the purpose of this subchapter and §§ 110.030et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning.

C.A.T.V. A community antenna television system as defined herein.

COMMUNITY ANTENNA TELEVISION SYSTEM . A system of antennae, coaxial cables, wires, wave guides or other conductors, equipment or facilities designed, constructed or used for the purpose of providing television or FM radio services by cable or through its facilities as contemplated in this chapter. COMMUNITY ANTENNA TELEVISION SYSTEM shall not mean or include the transmission of any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television."

FRANCHISE . Any authorization granted pursuant to the provisions of this chapter in terms of a franchise, privilege, permit, license or otherwise to construct, operate and maintain a CATV system in the city. Any such authorization, in whatever form granted, shall not mean and include any license or permit required for the privilege of transacting and carrying on a business within the city in accordance with the provisions of this code.

GRANTEE . The person, firm or corporation to whom or to which a franchise is granted by the Council pursuant to the provisions of this chapter and the lawful successor, transferee or assignee of the person, firm or corporation.

GROSS ANNUAL RECEIPTS . 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 a grantee imposed directly on any subscriber or user by the city, state or other governmental unit and collected by a grantee for the governmental unit.

PROPERTY OF GRANTEE . All property owned, installed or used by a grantee in the conduct of a CATV business in the city under the authority of a franchise granted pursuant to the provisions of this chapter.

STREET . The surface of and the space above and below any public street, road, highway, freeway, lane, path, alley, court, sidewalk, parkway or drive now or hereafter existing as such within the city.

SUBSCRIBER . Any person or entity receiving for any purpose the CATV service of a grantee.

(1973 Code, § 7-1.01) (Ord. 583, eff. - -)

When and in the event the grantee of any franchise granted pursuant to the provisions of this chapter uses in his or her CATV system distribution channels furnished to the grantee by a telephone company whose facilities are constructed, operated and maintained pursuant to its state-granted telephone franchise and the grantee makes no use of the streets independent of the telephone company furnished facilities, the grantee shall be required to comply with all of the provisions of this chapter as a "licensee," and, in such event, whenever the term "grantee" is used in this chapter, it shall be deemed to mean and include "licensee." No provision of this chapter shall be deemed or construed as requiring the granting of a franchise pursuant to the provisions of this chapter to a telephone company furnishing a channel service.

(1973 Code, § 7-1.02) (Ord. 583, eff. - -)

1. A non-exclusive franchise to construct, operate and maintain a CATV system within all or any portion of the city may be granted by the Council to any person, firm or corporation, whether operating under an existing franchise or not, who or which offers to furnish and provide the system pursuant to the provisions of this chapter.

2. No provision of this chapter may be deemed or construed so as to require the granting of a franchise when, in the opinion of the Council, it is in the public interests to restrict the number of grantees to one or more.

(1973 Code, § 7-1.03) (Ord. 583, eff. - -)

1. Applications for community antenna television system franchises shall be in writing, shall be filed with the Licensing-Revenue Officer, and shall contain the following information:

   1. The name and address of the applicant; if the applicant is a partnership, the application shall set forth the name and address of each partner; if the applicant is a corporation, the application shall set forth the names and addresses of the directors, main offices and major stockholders and associates of the corporation and the names and addresses of parent and subsidiary companies:

   2. A statement and description of the CATV system proposed to be constructed, installed, maintained or operated by the applicant, the proposed location of the system and its various components; the manner in which the applicant proposes to construct, install, maintain and operate the system; and particularly, the extent and manner in which existing or future poles or other facilities of other public utilities will be used for the system;

   3. A description, in detail, of the public streets, public places and proposed public streets within which the applicant proposes or seeks authority to construct, install or maintain nay CATV equipment or facilities; a detailed description of the equipment or facilities proposed to be constructed, installed or maintained therein; and the proposed specific location thereof;

   4. A map specifically showing and delineating the proposed service area or areas within which the applicant proposes to provide CATV services and for which a franchise is requested:

   5. A statement or schedule in a form approved by the City Manager of the proposed rates and charges to subscribers for installation and services, and a copy of the proposed service agreement between the grantee and its subscribers shall accompany the application; (For unusual circumstances, such as underground cable required, or more than 150 feet of distance from the cable to the connection of service to subscribers, an additional installation charge over that normally charged for installation as specified in the applicant's proposal may he charged, with easements to be supplied by subscribers. For remote, relatively inaccessible subscribers within the city, service may be made available on the basis of the costs of materials, labor and casements if required by the grantee.)

   6. A copy of any contract, if existing, between the applicant and any public utility providing for the use of the facilities of the public utility, such as poles, lines or conduits:

   7. A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, firm or corporation with respect to the proposed franchise or the proposed CATV operation; (If a franchise is granted to a

person, firm or corporation posing as a front or as the representative of another person, firm or corporation and the information is not disclosed in the original application, the franchise shall be deemed voidable by the city at will.)

8. A financial statement prepared by a certified public accountant, or person otherwise satisfactory to the Council, showing the applicant's financial status and his financial ability to complete the construction and installation of the proposed CATV system; and

   9. Such supplementary, additional or other information as the Council may demand at any time, and which the applicant shall provide, as the Council may deem reasonably necessary to determine whether the requested franchise should be granted.

9. Upon the consideration of any such application, the Council may refuse to grant the requested franchise, or the Council, by ordinance, may grant a franchise for a CATV system to any such applicant as may appear from the application to be, in the opinion of the Council, best qualified to render proper and efficient CATV service to the television viewers and subscribers in the city. The Council's decision in the matter shall be final. If favorably considered, the application submitted shall constitute and form a part of the franchise as granted.

   1. Any franchise granted pursuant to the provisions of this chapter shall include the following condition: "The CATV system herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by the provisions of §§ 110.001 et seq . and 110.030 et seq . of the Auburn Municipal Code and for no other purpose whatsoever."

   2. The inclusion of the statement in any franchise shall not be deemed to limit the authority of the city to include any other reasonable condition, limitation or restriction which the city may deem necessary to impose in connection with the franchise pursuant to the authority conferred by the provisions of this chapter.

(1973 Code, § 7-1.04)

1. No franchise granted pursuant to the provisions of this chapter shall become effective unless and until the ordinance granting the franchise has become effective and. in addition, unless and until all things required in this section and in §§ 110.010 and 110.011 are done and completed, all of such things being hereby declared to be conditions precedent to the effectiveness of any such franchise granted pursuant to the provisions of this chapter. In the event any of such things are not done and completed in the time and manner required, the Council may declare the franchise null and void.

2. Within 30 days after the effective date of the ordinance awarding a franchise or within such extended period of time as the Council, in its discretion, may authorize, the grantee shall file with the Licensing-Revenue Officer its written acceptance, in a form satisfactory to the City Attorney, of the franchise, together with the bond required by the provisions of § 110.010, the insurance policy required by the provisions of § 110.011 and an agreement to be bound by and to comply with and do all things required of the grantee by the provisions of this chapter and the franchise. The acceptance and agreement shall be acknowledged by the grantee before a notary public and shall he in form and content satisfactory to and approved by the City Attorney.

(1973 Code, § 7-1.05)

(Am. Ord. 93-3, eff. 4-7-1993)

2. No franchise granted by the Council pursuant to the provisions of this chapter shall be for a term longer than 20 years following the date of acceptance of the franchise by the grantee or the renewal thereof.

(1973 Code, § 7-1.06)

1. Any grantee granted a franchise pursuant to the provisions of this chapter shall pay to the city, during the life of such franchise, a sum not to exceed 5% of the gross annual receipts of the grantee. The payment by the grantee to the city shall be made annually, or as otherwise provided in the grantee's franchise, by delivery to the Finance Director.

2. The grantee shall file with the city, within 30 days after the expiration of any calendar year, or portion thereof, during which the franchise is in force a financial statement prepared by a certified public accountant or person otherwise satisfactory to the Council showing in detail the gross annual receipts of the grantee during the preceding calendar year or portion thereof. It shall be the duty of the grantee to pay to the city within 30 days after the time for filing the statements the sum set forth in this section and any unpaid balance thereof for the calendar year, or portion thereof, covered by the statements.

3. In any year, or portion thereof, following the first full year service has been provided and during which payments pursuant to the provisions of this section amount to less than $1,200 per year, the grantee shall pay the city, as a minimum, an amount equal to $1,200 per year.

4. The city shall have the right to inspect the grantee's records showing the gross receipts from which the franchise payments are computed and the right of audit and the recomputation of any and all amounts paid pursuant to the provisions of this chapter. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the city may have for further or additional sums payable pursuant to the provisions of this chapter or for the performance of any other obligation set forth in this chapter or the franchise granted.

5. In the event of any holding over after the expiration or other termination of any franchise granted pursuant to the provisions of this chapter without the consent of the city, the grantee shall pay to the city reasonable compensation and damages of not less than 50% of the total gross profits of the grantee during the period.

(1973 Code, § 7-1.07)

1. Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a CATV system in the city and, for that purpose, to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over, under, upon, across and along any public street such poles, wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, attachments and other property as may be necessary and appurtenant to the CATV system; and, in addition, so to use, operate and provide similar facilities or properties rented or leased from other persons, firms or corporations, including, but not limited to any public utility or other grantee franchised or permitted to do business in the city.

2. No franchise granted pursuant to the provisions of this chapter shall be construed as a franchise, permit or license to transmit any special program or event for which a separate and distinct charge is made to the subscriber in the manner commonly known and referred to as "pay television," and no grantee, directly or indirectly, shall install, maintain or operate on any television set a coin box or any other device or means for the collection of money for individual programs.

3. The grantee may make a charge to subscribers for installations or connections to its CATV system and a fixed monthly charge as filed and approved as provided for in this chapter. No increase in the rates and charges to subscribers, as set forth in the schedule filed and approved with the application of the grantee, may be made without the prior approval of the Council expressed by

resolution.

(1973 Code, § 7-1.08)

1. Any franchise granted pursuant to the provisions of this chapter shall be non-exclusive.

2. No privilege or exemption shall be granted or conferred by any franchise granted pursuant to the provisions of this chapter except those privileges or exemptions specifically prescribed in this chapter.

3. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the street or other public property.

4. Any franchise granted pursuant to the provisions of this chapter shall be a privilege to he held in personal trust by the original grantee. The franchise cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without the prior consent of the Council expressed by resolution and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, a duly executed copy of which shall he filed in the office of the Licensing-Revenue Officer within 30 days after any such transfer or assignment. The consent of the Council may not be arbitrarily refused; provided, however, the proposed assignee shall show financial responsibility and shall agree to comply with all the provisions of this chapter; and provided, further, no such consent shall he required for a transfer in trust, mortgage or other hypothecation as a whole to secure an indebtedness.

5. Time shall be of the essence of any franchise granted pursuant to the provisions of this chapter. The grantee shall not be relieved of his or her obligation to comply promptly with any of the provisions of this chapter or by any failure of the city to enforce prompt compliance.

6. Any right of power in, or duty impressed 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.

7. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense or damage arising out of any provision or requirement of this chapter, or of any franchise issued pursuant to the provisions of this chapter or because of the enforcement of the provisions of this chapter.

8. The grantee shall be subject to all the requirements of city laws, rules, regulations and specifications heretofore or hereafter enacted or established.

9. Any franchise granted pursuant to the provisions of this chapter shall not relieve the grantee of any obligation involved in obtaining pole space from any department of the city, from any utility company, or from others maintaining poles in streets.

10. Any franchise granted pursuant to the provisions of this chapter shall be in lieu of any and all other rights, privileges, powers, immunities and authorities owned, possessed, controlled or exercisable by the grantee, or any successor to any interest of the grantee, of or pertaining to the construction, operation or maintenance of any CATV system in the city, and the acceptance of any franchise granted pursuant to the provisions of this chapter shall operate, as between the grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities and authorities within the city to the effect that, as between the grantee and the city, any and all construction, operation and maintenance by any grantee of any CATV system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to such franchise and not under or pursuant to any other right, privilege, power,

immunity or authority whatsoever.

(1973 Code, § 7-1.09) (Am. Ord. 93-3, eff. 4-7-1993)

3. Any franchise granted pursuant to the provisions of this chapter shall be renewable on the application of the grantee in the same manner and upon the same terms and conditions as required by the provisions of this chapter for obtaining the original franchise, except those terms and conditions which are by their terms expressly inapplicable: provided, however, the Council, at its option, may waive compliance with any or all of the requirements of division (A) above.

(1973 Code, § 7-1.10)

4. Any franchise granted pursuant to the provisions of this chapter may be terminated prior to its date of expiration by the Council in the event the Council shall have found, after 30 days' notice of any proposed termination and public hearing, that:

   1. The grantee has failed to comply with any provision of this chapter, or by act or omission, has violated any term or condition of any franchise or permit issued pursuant to the provisions of this chapter;

   2. Any provision of this chapter has become invalid or unenforceable and the Council further finds that the provision constitutes a consideration material to the granting of the franchise; or

   3. The city acquires the CATV system property of the grantee.

(1973 Code, § 7-1.11)

(Ord. 583, eff. - -)

1. Nothing contained in this subchapter shall be deemed or construed to impair or affect in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing contained in this subchapter shall be construed to contract away or to modify or abridge, either for a term or in perpetuity, the city's right of eminent domain.

2. There is hereby reserved to the city every right and power which is required to be reserved or provided by the provisions of this subchapter or by any law of the city, and the grantee, by its acceptance of any franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of the rights or powers heretofore or hereafter enacted or established.

3. Neither the granting of any franchise pursuant to the provisions of this subchapter nor any of the provisions contained in this subchapter shall be construed to prevent the city from granting any identical or similar franchise to any other person, firm or corporation within all or any portion of the city.

4. There is hereby reserved to the city the power to amend any provision of this subchapter so as to require additional or greater standards of construction, operation, maintenance or otherwise on the part of the grantee.

5. Neither the granting of any franchise pursuant to the provisions of this subchapter nor any provision of this subchapter shall constitute a waiver or bar to the exercise of any governmental right or power of the city.

(1973 Code, § 7-1.12) (Ord. 583, eff. - -)

1. Within 60 days after the acceptance of the franchise, the grantee shall proceed with due diligence to obtain all the necessary permits and authorizations which are required in the conduct of its business, including, but not limited to any utility joint use attachment agreement, microwave carrier license and any other permit, license and authorization to be granted by duly constituted regulatory agencies having jurisdiction over the operation of C.A.T.V. systems or their associated microwave transmission facilities.

2. Withing 90 days after the commencement of the construction and installation of the C.A.T.V. system, the grantee shall proceed to render service to subscribers, and the completion of the construction and installation shall be pursued with reasonable diligence thereafter so that service to all areas designated on the map accompanying the application for a franchise, as provided for in § 110.004(A), shall be provided within 1 year after the date service was first provided.

3. Failure on the part of the grantee to commence and pursue diligently each of the requirements of this section and to complete each of the matters set forth in this chapter shall be grounds for the termination of the franchise under and pursuant to the provisions of § 110.004(H); provided, however, the Council, in its discretion, may extend the time for the commencement and completion of the construction and installation for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.

(1973 Code, § 7-1.13) (Ord. 583, eff. - -)

1. 1. Any poles, wires, cable lines, 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 a manner as shall be approved by the Director of Public Works acting in the exercise of his or her reasonable discretion.

   2. The grantee shall not install or erect any facilities or apparatus in or on other public property, places or rights-of-way or within any privately-owned area within the city which has not yet become a public street but which 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 prior written approval of the Director of Public Works.

   3. In those areas and portions of the city where the transmission and distribution facilities of both the public utility providing any telephone service and those of the utility providing gas and electric service have been or are to be placed underground, the grantee shall likewise initially construct, install, operate and maintain its transmission and distribution facilities underground. Undergrounding shall be at the grantee's own cost and expense, except that the city shall require the private developer or subdivider to reimburse the grantee for the actual cost to the grantee of the C.A.T.V. system's share of the main line and service trench costs. For the purposes of this division, "underground" shall include a partial underground system. Amplifiers in the grantee's transmission and distribution lines may be in appropriate housings as approved by the City Engineer. The city shall not in any manner be responsible for any cost incurred by any grantee in placing such transmission and distribution facilities underground.

(1973 Code, § 7-1.13) (Ord. 583, eff. - -; Am. Ord. 731, eff. 9-27-1978)

2. 1. In the event the use of any part of the CATV system is discontinued for any reason for a continuous period of 6 months, or in the event such system or property has been installed in any street or public place without complying with the requirements of the franchise of the grantee or the provisions of this chapter, or in the event the franchise has been terminated or canceled or has expired, the grantee, upon being given 10 days' notice, shall promptly remove from the streets or public places all such property and poles of such system other than any which the Director of Public Works may permit to be abandoned in place. In the event of the removal, the grantee shall promptly restore the street or other area from which the property has been removed to a condition satisfactory to the Director of Public Works.

   2. Any property of the grantee remaining in place 30 days after the termination or expiration of the franchise shall be considered permanently abandoned. The Director of Public Works may extend the time not to exceed an additional 60 days.

3. Any property of the grantee to be abandoned in place shall be abandoned in the manner as the Director of Public Works shall prescribe. Upon the 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 Director of Public Works an instrument in writing, to be approved by the City Attorney, transferring to the city the ownership of the property.

(1973 Code, § 7-1.15) (Ord. 583, eff. - -)

3. 1. At all reasonable times the grantee shall permit any duly authorized representative of the city to examine all the property of the grantee, together with any appurtenant property of the grantee situated within or without the city, and to examine and transcribe any and all maps and other records kept or maintained by the grantee or under its control which deal with the operations, affairs, transactions or property of the grantee with respect to its franchise. If any such maps or records are not kept in the city or, upon reasonable request, are not made available in the city, and if the Council shall determine that an examination thereof is necessary or appropriate, all travel and maintenance expenses necessarily incurred in making the examination shall be paid by the grantee.

   2. The grantee shall prepare and furnish to the Director of Public Works, at the times and in the form prescribed by him or her, the reports with respect to its operations, affairs, transactions or property as may be reasonably necessary or appropriate to the performance of any of the rights, functions or duties of the city or any of its officers in connection with the franchise.

   3. The grantee at all times shall make and keep in the city full and complete plans and records showing the exact location of all C.A.T.V. system equipment installed or in use in streets and other places in the city.

   4. The grantee shall file with the Director of Public Works, on or before March 31 of each year, a current map or set of maps drawn to scale showing all C.A.T.V. system equipment installed and in place in streets and other public places of the city.

(1973 Code, § 7-1.16) (Ord. 583, eff. - -)

The grantee, at its expense, shall 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 Director of Public Works by reason of traffic conditions, public safety, street vacation, freeway and street construction, the change or establishment of street grades, or the installation of sewers, drains, water pipes,

power lines, signal lines, tracks or any other type of structures or improvements by public agencies; provided, however, the grantee, in all such cases, shall have the privileges and be subject to the obligations to abandon any property of the grantee in place as provided in § 110.007(B).

(1973 Code, § 7-1.17) (Ord. 583, eff. - -)

Upon the failure of the grantee to commence, pursue or complete any work required by law, or by the provisions of this chapter, or by its franchise to be done in any street or other public place within the time prescribed and to the satisfaction of the Director of Public Works, the Director of Public Works, at his or her option, may cause the work to be done, and the grantee shall pay to the city the cost thereof within 30 days after the receipt of the itemized amounts reported by the Director of Public Works to the grantee.

(1973 Code, § 7-1.18) (Ord. 583, eff. - -)

1. 1. The grantee, concurrently with the filing of an acceptance of award of any franchise granted pursuant to the provisions of this chapter, shall file with the Licensing-Revenue Officer, and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof, at the sole expense of the grantee, a corporate surety bond, in a company and in a form approved by the City Attorney, in the amount of $15,000 renewable annually, and conditioned upon the faithful performance of the grantee and upon the further condition that in the event the grantee shall fail to comply with any 1 or more of the provisions of this chapter, or of any franchise issued to the grantee pursuant to the provisions of this chapter, there shall be recoverable jointly and severally from the principal and surety of such bond any damages or loss suffered by the city as a result thereof, including the full amount of any compensation, indemnification or cost of removal or abandonment of any property of the grantee as set forth in this chapter which may be in default, plus a reasonable allowance for attorneys' fees and costs, up to the full amount of the bond.

   2. The condition shall he a continuing obligation for the duration of the franchise, and any renewal thereof, and thereafter until the grantee has liquidated all of its obligations with the city which obligations may have arisen from the acceptance of the franchise or renewal by the grantee or from its exercise of any privilege therein granted. The bond shall provide that 30 days' prior written notice of intention not to renew, cancellation or material change be given to the city.

2. Neither the provisions of this section. nor any bond accepted by the city pursuant to the provisions of this section, nor any damages recovered by the city thereunder shall he construed to excuse faithful performance by the grantee or limit the liability of the grantee under any franchise issued pursuant to the provisions of this chapter or for damages, either to the full amount of the bond or otherwise.

(1973 Code, § 7-1.19) (Ord. 583, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

1. The grantee, concurrently with the filing of an acceptance of award of any franchise granted pursuant to the provisions of this chapter, shall furnish to the city and file with the Licensing-Revenue Officer, and at all times during the existence of any such franchise granted, shall maintain in full force and effect, at its own cost and expense, a general comprehensive liability insurance policy in protection of the city and

its officers, boards, commissions, agents and employees, in a company approved by the City Manager and a form satisfactory to the City Attorney, protecting the city and all such persons against liability for loss or damages for personal injury, death and property damage, occasioned by the operations of the grantee under the franchise, with minimum liability limits of $100,000 for the personal injury or death of any 1 person, $300,000 for the personal injury or death of 2 or more persons in any 1 occurrence and $100,000 for damages to property resulting from any 1 occurrence.

2. The policy required by the provisions of this section shall name the city and its officers, boards, commissions, agents and employees as additional insured and shall contain a provision that a written notice of cancellation or reduction in the coverage of the policy shall be delivered to the LicensingRevenue Officer 10 days in advance of the effective date thereof. If the insurance is provided by a policy which also covers the grantee or any other entity or person other than those named in this division, the policy shall contain the standard cross-liability endorsement.

(1973 Code, § 7-1.20) (Ord. 583, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

1. The C.A.T.V. system shall be installed and maintained in accordance with the highest and best accepted standards of the C.A.T.V. industry to the effect that subscribers shall receive the highest quality service possible.

2. In determining the satisfactory extent of the standards, the following, among others, shall be considered:

   1. The system shall be installed using all band equipment capable of passing the entire V.H.F. and F.M. spectrum, and it shall have the further capability of converting U.H.F. for distribution to subscribers on the V.H.F. hand.

   2. The system, as installed, shall be capable of passing standard color TV signals without the introduction of material degradation on color fidelity and intelligence.

   3. The system and all equipment shall be designed and rated for 24 hour per day continuous operation.

   4. The system shall provide a nominal signal level of 2,000 microvolts at the input terminals of each TV receiver.

   5. The system signal-to-noise ratio shall not be less than 40 decibels.

   6. The hum modulation of the picture signal shall be less than 5%.

   7. The system shall use components having a VSWR of 1.4 or less.

(1973 Code, § 7-1.21) (Ord. 583, eff. - -)

1. When not otherwise prescribed in this chapter, all matters required by the provisions of this chapter to be filed with the City shall be filed with the Licensing-Revenue Officer.

2. The grantee shall pay to the city a sum of money sufficient to reimburse the city for all publication expenses incurred by it in connection with the granting of a franchise pursuant to the provisions of this chapter. The payment shall he made within 30 days after the city furnishes the grantee with a written statement of the expenses.

3. The grantee shall maintain an office within the city limits or at a location which subscribers may call without incurring added message or toll charges so that C.A.T.V. maintenance service shall be available promptly to subscribers.

4. No person in the existing service area of the grantee shall be arbitrarily refused service; provided, however, the grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or monthly service charge.

5. One connection to the system shall be furnished free of charge in each public school in the area covered by the C.A.T.V. franchise if cables and wires are available in the immediate area and the school pays the cost of connection to the cables or wires. The Council may require similar service to hospitals, fire stations or other similar facilities operated by a public or quasi-public agency.

(1973 Code, § 7-1.22) (Ord. 583, eff. - -; Am. Ord. 93-3, eff. 4-7-1993)

1. On and after February 20, 1969, it shall he unlawful for any person to establish, operate or carry on the business of distributing to any person in the city any television signals or radio signals by means of a C.A.T.V. system unless a franchise therefor has first been obtained pursuant to the provisions of this chapter and unless the franchise is in full force and effect.

2. On and after February 20, 1969, it shall be unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, or within any privately-owned area within the city which has not yet become a public street, but which is designated or delineated as a proposed public street on any tentative subdivision map approved by the city any equipment or facilities for distributing any television signals or radio signals through a C.A.T.V. system unless a franchise authorizing the use of the street, property or area has first been obtained pursuant to the provisions of this chapter and unless the franchise is in full force and effect.

3. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised C.A.T.V. system within the city for the purpose of taking or receiving television signals, radio signals, pictures, programs or sound.

4. It shall be unlawful for any person to make any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised C.A.T.V. system within the city for the purpose of enabling himself or others to receive any television signal, radio signal, picture, program or sound without payment to the owner of the system.

5. It shall be unlawful for any person, without the consent of the owner, to wilfully tamper with, remove, or injure any cables, wires or equipment used for the distribution of television signals, radio signals, pictures, programs or sound.

(1973 Code, § 7-1.23) (Ord. 583, eff. - -) Penalty, see § 10.99

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

TELECOMMUNICATIONS . 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.

TELECOMMUNICATIONS PROVIDER . Any individual, partnership, association, joint stock company, trust, corporation or governmental entity providing telecommunications service, and over which the city has been granted the authority under federal or state law to grant a franchise, permit, license, contract, certificate,

agreement or otherwise regulate or authorize the construction or operation of telecommunications services.

TELECOMMUNICATIONS SERVICE . The offering of telecommunications for a fee directly to the public or to the classes of users as to be effectively available directly to the public, regardless of the facilities used.

(1973 Code, § 7-1.25) (Ord. 96-8, eff. 7-24-1996)

110 Telecommunications Commission (Sections 110.030-110.033)

The City of Auburn Telecommunications Commission is hereby established.

(1973 Code, § 7-1.24) (Ord. 96-8, eff. 7-24-1996)

The Telecommunications Commission shall have the following purposes and duties:

1. To monitor franchise contract compliance by each telecommunications provider and to report to the City Council on the status of compliance at least once per year;

2. To review reports filed by each telecommunications provider,

3. To assist in performing rate regulation as provided under federal and state laws;

4. To receive, investigate and mediate unresolved customer service complaints;

5. To make recommendations to the city after independent and public investigation of the performance of each telecommunications provider so that the best information is available to the city in case of a minor or major default, and when preparing for a renewal of a franchise, permit, license, contract, certificate or agreement;

6. To assist in performing an annual financial audit of each telecommunications provider to assure the city is receiving the appropriate amount of franchise or other fees and to be used in rate regulation;

7. To encourage the widest and most innovative development of telecommunications service to the public working with telecommunications providers, any public or private group, organization or person; and

8. To perform such other tasks as the city might require regarding telecommunications.

(1973 Code, § 7-1.26) (Ord. 96-8, eff. 7-24-1996)

1. The Telecommunications Commission shall consist of 5 members.

2. The Council, shall first appoint 3 members to serve a 4-year term. The Council shall also first appoint 2 members to serve 2-year terms. Thereafter, all terms shall be for 4 years. Members may serve no more than two 4-year terms.

(1973 Code, § 7-1.27) (Ord. 96-8, eff. 7-24-1996)

The Telecommunications Commission shall meet quarterly or as needed. Notice of meetings and posting of agendas shall be as required by law.

(1973 Code, § 7-1.28) (Ord. 96-8, eff. 7-24-1996)

110 Cable Television Commission (Sections 110.045-110.048) 110.045 Establishment 110.046 Purposes And Duties 110.047 Membership; Appointments; Terms 110.048 Meeting Times

The City of Auburn Cable Commission is hereby established.

(1973 Code, § 7-1A.01) (Ord. 94-16, eff. 11-23-1994)

The Cable Commission shall have the following purposes and duties:

1. To monitor franchise contract compliances by the cable company and to report to the City Council on the status of compliance at least once per year;

2. To review quarterly reports filed by the cable company;

3. To assist in performing rate regulation as provided under federal and state laws;

4. To receive, investigate and mediate unresolved customer service complaints;

5. To make recommendations to the city after independent and public investigation of the performance of the cable company so that the best information is available to the city in case of a minor or major default, and when preparing for a renewal of a franchise;

6. To assist in performing an annual financial audit of the cable company to assure the city is receiving the appropriate amount of franchise fees and to be used in rate regulation;

7. To encourage the widest and most innovative development of cable services to the public working with the cable company, and telecommunication provider, any public or private group, organization or person;

8. To perform such other tasks as the city might require regarding the cable franchise.

(1973 Code, § 7-1A.02) (Ord. 94-16, eff. 11-23-1994)

1. The Cable Commission shall consist of 5 members.

2. The Council shall first appoint 3 members to serve a 4-year term. The Council shall also first appoint 2 members to serve 2-year terms. Thereafter, all terms shall be for 4 years. Members may serve no more than two 4-year terms.

(1973 Code, § 7-1A.03) (Ord. 94-16, eff. 11-23-1994)

The Cable Commission shall meet quarterly or as needed. Notice of meetings and posting of agendas shall be as required by law.

(1973 Code, § 7-1A.04) (Ord. 94-16, eff. 11-23-1994)

110 Radio And Television Reception Interference (Sections 110.060-110.063)

It shall be unlawful for any person to operate, sell or install within the city any machine, equipment, instrument, device, fixture or electrical apparatus which needlessly or unnecessarily disturbs or interferes in any way with radio or television reception when the interference can be prevented or corrected by means of repairs, adjustments, the installation of corrective appliances or devices or other practicable alteration. All such equipment shall comply with the requirements pertaining thereto of the Federal Communications Commission which shall be in effect at the time of the sale or installation.

(1973 Code, § 5-11.01) (Ord. 402, eff. - -)

Any electrical equipment, including, but not limited to electric stoves, heaters, water heaters, lighting fixtures, motors and diathermy or X-ray equipment, installed within the city shall be of a quality approved by the National Board of Fire Underwriters Laboratory, or the equivalent.

(1973 Code, § 5-11.02) (Ord. 402, eff. - -)

1. Any person installing or selling for installation within the city any electric stove, electric heater, electric motor, diathermy or X-ray equipment, electric water heater or fluorescent lighting fixtures shall report the installation or sale to the Building Official within 10 days after the sale or installation on a form provided by the city.

2. The report shall contain a statement that the person so installing or selling the equipment has personally inspected it and that it complies with the provisions of § 110.060.

3. The Building Official may thereupon inspect the equipment, and, in the event he determines that it does not comply with the provisions of § 110.060, the Building Official shall serve by registered mail a written notice thereof upon the seller or installer and upon the owner. The notice shall require the seller, installer or the owner to make the necessary modifications to the equipment so that the provisions of § 110.060 have been complied with.

4. In the event such compliance is not had within a period of 10 days thereafter, the equipment shall be removed or be made permanently inoperative by the seller, installer or owner at no cost to the city.

(1973 Code, § 5-11.03) (Ord. 402, eff. - -; Am. Ord. 88-3, eff. 5-11-1988)

The provisions of this subchapter shall not apply to lighted fixtures, other than those of the fluorescent type, to electric shavers, irons, coffee makers, waffle irons, toasters or electric motors with less than 1/10th horsepower.

(1973 Code, § 5-11.04) (Ord. 402, eff. - -)

111 CABLE COMMUNICATION FRANCHISE PROCEDURES 111.01 Intent 111.02 Definitions 111.03 Unlawful To Operate Cable System Without Franchise 111.04 Franchise To Install And Operate 111.05 Cable Television Service 111.06 Franchise Payments 111.07 Franchise Term - Duration And Termination 111.08 Applications For Initial Franchise 111.09 Bonds - Indemnification - Insurance 111.10 Acceptance Of The Franchise 111.11 Limitations Of Franchise 111.12 Rights Reserved To The City 111.13 Standards Of Operation 111.14 Permits And Construction 111.15 Miscellaneous Provisions 111.16 Extensions 111.17 Violations 111.18 Force Majeure 111.19 Mediation 111.20 State Video Service Fees For Educational And Governmental (PEG) Access 111.21 Customer Service Penalties

111.22 Procedures For Appeal Of Denial Of An Encroachment Permit

1. General findings . The City of Auburn, California (hereinafter called the "city") finds that cable systems can contribute significantly to the communications needs and interests of the city and many individuals, associations and institutions. The city further finds that the public convenience, safety, and general welfare are served through amending and restating the city's preexisting cable television enabling ordinance (Ordinance 96-9) as set forth herein. Upon the effective date of this chapter, the preexisting enabling ordinance (Ordinance 96-9) is repealed.

2. Authority . The city is authorized to grant, renew, deny, and terminate franchises for the installation, operation and maintenance of cable systems and otherwise regulate cable television within the city's boundaries in accordance with federal, state and local law.

3. Purpose . The city intends, by the adoption of this franchise, to promote the public health, safety, and general welfare by granting one or more franchises for the installation, operation and maintenance of cable systems within the city; to establish franchise procedures and standards that encourage the growth and development of cable services in the city; to promote availability of quality cable services to city residents, businesses, the city and other public institutions; and to encourage the development of and to improve local programming including public, educational, and governmental access programming.

111.02 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number.

ACCESS . The availability of cable system channels for use by various agencies, institutions, organizations, groups and individuals in the community, including the city and its designees to acquire, create and distribute programming not under the grantee's editorial control, except that a grantee may refuse to transmit any access programming or portions of a access program which contains obscenity, indecency, or nudity which is not protected by the First Amendment to the United States Constitution.

AFFILIATE . When used in relation to any person, means another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.

BASIC SERVICE . Shall have the meaning defined under the Cable Act, and generally is the lowest priced tier of service that includes the retransmission of local broadcast television signals.

CABLE ACT . The Cable Communications Policy Act of 1984, 47 U.S.C. Section 521 et seq ., as amended by the Cable Television Consumer Protection and Competition Act of 1992, the Telecommunications Act of 1996, and any further amendments to subchapter V-A of Chapter 5, Title 47, United States Code during the term of the franchise.

CABLE ENABLING ORDINANCE . This chapter.

CABLE SERVICES .

1. The one-way transmission to subscribers of (i) video programming, or (ii) other programming services, and

2. Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming services.

CABLE SYSTEM or SYSTEM . 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 which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (a) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (b) a facility that serves subscribers without using any public way; (c) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, except that such facility shall be considered a cable system (other than for purposes of Section 621 (c)) to the extent such facility is used in transmission of video programming directly to subscribers unless the extent of such use is solely to provide interactive on-demand services; (d) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934; or (e) any facilities of any electric utility used solely for operating its electric utility system.

CITY . The City of Auburn, a political subdivision of the State of California.

CITY COUNCIL or COUNCIL . The duly elected council serving Auburn, a political subdivision of the State of California.

CITY MANAGER . The City Manager of Auburn, or his or her designee.

EDUCATIONAL ACCESS . Access where schools, colleges, or universities are the primary or designated programmers or users having editorial control over their programming.

FCC . The Federal Communications Commission, or successor governmental entity thereto.

FRANCHISE . The initial authorization, or renewal thereof, issued by the city, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, or otherwise which authorizes construction and operation of the cable system.

FRANCHISE AREA . The area within the corporate limits of the city as comprised at the time a franchise is granted, as depicted in a geographical area map attached to a franchise agreement, and any areas annexed by the city in the future.

GRANTEE . The person, firm or corporation granted a franchise by the Council under this chapter, and the lawful successor, transferee or assignee of said person, firm or corporation.

GROSS REVENUE . All revenue received by the grantee, in whatever form and from all sources, derived from the operation of the cable system to provide cable services within the franchise area. Gross revenues shall include all revenue for all cable services, premium and pay-per-view services, the sale of advertising time, installation, and all other revenues derived from the operation of the cable system to provide cable services within the franchise area, regardless of whether initially recorded to another entity and however characterized. Gross revenues shall include amounts collected from subscribers for franchise fees in accordance with the Court of Appeals' decision resolving the case commonly known as the Dallas or Baltimore case, In re: United Artists Cable of Baltimore, 11 FCC Rcd 18,158 (FCC 96-188, April 26, 1996); reversed by the United States Court of Appeals for the 5th Circuit sub nom City of Dallas v. FCC, 118 F. 3d 393 (5th Cir. 1997). Gross revenues shall also include any revenue received by any affiliate of the grantee where such revenue in the ordinary course of business should have been paid to or is attributable to the grantee for the operation of its cable system to provide cable services. By way of illustration, this would include revenue derived from the sale of cable system advertising time by an affiliate of the grantee. Such gross revenues, however, shall not be counted twice. Revenues of both the grantee and an affiliate that represent a transfer of funds between the grantee and the affiliate, and that would otherwise constitute gross revenues of both the grantee and the affiliate, shall be counted only once for purposes of determining gross revenues. Gross revenues shall not include sales taxes or similar taxes collected for direct pass-through to local, state or federal government, or bad debts.

GOVERNMENTAL ACCESS . Access where governmental institutions or their designees are the primary or designated programmers or users having editorial control over their programming.

PEG ACCESS . Public access, educational access, and governmental access, collectively and shall have the same meaning as provided for in the Cable Act.

PROGRAMMER . Any person responsible for video programming on the cable system, including, without, limitation, any person who produces or otherwise provides video programming material for transmission on the cable system.

PROPERTY OF GRANTEE . All property within the city owned by the grantee in the conduct of a cable television system business under the authority of a franchise pursuant to this chapter.

PUBLIC ACCESS . Access where organizations, groups, or individual members of the general public, on a nondiscriminatory not-for-profit basis, are the primary or designated programmers or users having editorial control over their programming.

PUBLIC PROPERTY . Any property owned by the city or any other governmental unit that is not otherwise defined herein as a street.

SCHOOL . Any accredited primary schools, secondary schools, colleges, and universities.

SERVICE TIER . Any category of cable services provided by grantee and for which a separate charge is made by grantee.

STANDARD DISTANCES . The distances specified in § 111.05(I)(1).

STRAND MAP . As-built maps with information as to the number and type (coaxial, fiber) of lines and the nature of any electronics removed.

STREET . The surface, the air space above the surface and the area below the surface of any public street, road, highway, freeway, bridge, lane, alley, court, sidewalk, parkway, drive, right-of-way, easement, or other public way, now or hereafter existing within the city which may properly be used for the purpose of installing, maintaining, and operating a cable system.

SUBSCRIBER . Any person who is lawfully receiving, for any purpose or reason, any cable services provided by the grantee within the franchise area by means of the cable system, whether or not a fee is paid for such service.

TRANSFER . The sale, lease, assignment, consolidation, merger, or any other disposition of the franchise, or any change in the control of the grantee or any person which owns, controls, or manages the grantee directly or through one or more intervening partnerships or corporations or other entities.

VIDEO PROGRAMMING . The process of causing television-type programs to be transmitted on the cable system.

111.03 Unlawful To Operate Cable System Without Franchise

It is unlawful to operate a cable system or provide cable services within the jurisdictional boundaries of the city without a franchise pursuant to the provisions of this chapter.

111.04 Franchise To Install And Operate

1. A nonexclusive franchise to install, construct, operate and maintain a cable system on streets within all of the city may be granted by the Council to any person, whether or not operating under an existing franchise, who or which offers to furnish and provide such system under and pursuant to the terms and provisions of this chapter.

2. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of a franchise or because of its lawful enforcement or nonenforcement.

111.05 Cable Television Service

1. Basic service . The cable system permitted to be installed and operated hereunder shall:

   1. Be operationally capable of relaying to subscriber terminals those television broadcast signals for the carriage of which the grantee is now or hereafter authorized by the Federal Communications Commission.

   2. Distribute color television signals which it receives in color without discernible deterioration in quality to subscriber terminals.

   3. The grantee shall provide channels for public access, educational access and governmental access uses as specified in a franchise agreement. Allocation of the access channels among eligible users shall be done by the city.

2. Overall system capacity shall be at least 870 MHz as further specified in a franchise agreement. 5. The grantee shall be responsible for insuring that the cable system is designed, installed and operated in a manner that fully complies with FCC rules in Subpart K of Part 76 of Chapter I of Title 47 of the Code of Federal Regulations as revised or amended from time to time, including the performance of all tests required under the FCC rules. As provided in the FCC rules, the city shall have, upon request, the right to obtain a copy of tests and records required in accordance with such rules, and shall possess such other authority allowed by federal law, to enforce compliance with such standards.

   6. The city may inspect the grantee's cable system during construction or any rebuild, and upon completion, shall have the right to inspect the cable system and the grantee's equipment used in the maintenance of that cable system at any time. If, based on subscriber complaints or based on its own investigation, the city believes that the cable system may not be operating in compliance with this chapter, it may require the grantee to perform tests and to prepare a report to the city on the results of those tests, including a report identifying any problem found and steps taken to correct the problem.

   7. The grantee shall use equipment generally used in high-quality, reliable, modern cable systems of similar design, including but not limited to back-up power supplies capable of providing power to the cable system for 2½ hours in the event of an electrical outage. The obligation to provide backup power includes the obligation to provide a long-term outage, supplemental power plan.

3. Non-basic services-additional services permitted . The cable system permitted to be installed and operated hereunder, may also engage in the business of:

   1. Transmitting original cablecast programming not received through television broadcast signals;

   2. Transmitting television pictures, film and video-tape programs, not received through broadcast, television signals, whether or not encoded or processed to permit reception by only selected receivers or subscribers;

   3. Transmitting and receiving all other such signals as are classified as "cable services" under the Federal Cable Act.

4. Emergency use . In accordance with and at the time required by the provisions of FCC Regulations Part 11; subpart D, Section 11.51, and as such provisions may from time to time be amended, the grantee shall install, if it has not already done so, and maintain an emergency alert system (EAS) for use in transmitting emergency act notifications (EAN) and emergency act terminations (EAT) in local and state-wide situations as may be designated to be an emergency by the local primary (LP), the state primary (SP) and/or the state emergency operations center (SEOC), as those authorities are identified and defined within FCC Reg. Section 11.18.

5. Customer protection . The city reserves the right under federal law to establish customer service standards that exceed the standards set by the FCC under Section 632 of the Cable Act or address matters not covered by such standards.

6. Privacy . The grantee shall be required to comply with the privacy provisions of Section 631 of the Cable Act.

7. Customer service standards .

   1. Cable system office hours and telephone availability .

      1. The grantee will maintain a local, toll-free or collect call telephone access line which will be available to subscribers 24 hours a day, 7 days a week.

         1. Trained representatives of the grantee will be available to respond to subscriber telephone inquiries during normal business hours, as defined herein.

         2. After normal business hours, an access line will be available to be answered by a service or an automated response system, including a phone answering system. Inquiries received after normal business hours must be responded to by a trained representative of the grantee on the next business day.

      2. Under normal operating conditions, as defined herein, telephone answer time by a customer representative, including wait time, will not exceed 30 seconds when the connection is made. If the call needs to be transferred, transfer, time will not exceed 30 seconds. These standards will be met no less than 90% of the time under normal operation conditions, measured on a quarterly basis.

      3. The grantee shall not be required to acquire equipment or perform surveys to measure compliance with the telephone answering standards set forth above unless an historical record of complaints indicates a clear failure to comply with such standards, or as otherwise permissible under federal law.

      4. Under normal operating conditions, the subscriber will receive a busy signal less than 3% of the time.

      5. Customer service center and bill payment locations will be open at least during normal business hours and will be conveniently located in or near the franchise area.

   2. Installations, outages and service calls . Under normal operating conditions, each of the following four standards will be met no less than 95% of the time, as measured by the grantee on a quarterly basis.

      1. Standard installations will be performed within 7 business days after an order has been placed. "Standard" installations are those that are located up to 150 feet from the existing distribution system.

8. Excluding conditions beyond its. control, the grantee will begin working on service interruptions, as defined herein, promptly and in no event later than 24 hours after the interruption becomes known. The grantee will begin actions to correct other service problems the next business day after notification of the service problem.

   3. The grantee will provide "appointment window" alternatives for installations, service calls, and other installation activities, which will be either a specific time or, at maximum, a 4- hour block during normal business hours.

   4. The grantee shall not cancel an appointment with a subscriber or potential subscriber after the close of business on the business day prior to the scheduled appointment.

   5. Communications between the grantee and subscribers .

      1. Notifications to subscribers.

         1. The grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers, and at any time upon request:

            1. Products and services offered;

            2. Prices and options for services and conditions of subscription to programming and other services;

            3. Installation and service maintenance policies;

            4. Instructions on how to use the service;

            5. Channel positions of programming carried on the cable system; and

            6. Billing and complaint procedures, including the address and telephone number of the city's cable office.

         2. Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible through announcements on the cable system and in writing. Notice will be given to subscribers a minimum of 30 days in advance of such changes if the change is within the control of the grantee. In addition, the grantee shall notify subscribers 30 days in advance of any significant changes in the other information required by the preceding paragraph.

      2. Billing.

         1. Bills will be clear, concise and understandable. Bills will be fully itemized, with itemizations including, but not limited to, basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billing period, including optional charges, rebates and credits.

         2. In case, of a billing dispute, the grantee will respond to a written complaint from a subscriber within 30 days from receipt of the complaint.

      3. Refund checks will be issued promptly, but no later than either (1) the subscriber's next billing cycle following resolution of the request or 30 days, whichever is earlier, or (2) the return of the equipment supplied by the grantee if service is terminated.

      4. Credits for service will be issued no later than the subscriber's next billing cycle following the determination that a credit is warranted.

   6. Definitions . For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

9. NORMAL BUSINESS HOURS means those hours during which most similar

   • businesses in the community are open to serve customers. In all cases, NORMAL BUSINESS HOURS shall include some evening hours at least 1 night per week and/or some weekend hours. The grantee will notify its subscribers and the city of its normal business hours.

   2. NORMAL OPERATING CONDITIONS means those service conditions which are within the control of the grantee. Those conditions which are not within the control of the grantee include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe, or unusual weather conditions. Those conditions which are ordinarily within the control of the grantee include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

   3. SERVICE INTERRUPTION means the loss of picture or sound on 1 or more channels.

10. Service to public buildings . The grantee shall provide without charge, one outlet with basic service and expanded basic service (formally known as Cable Programming Services under the Federal Cable Act) to any school or occupiable public building (such as city offices, fire station(s), public libraries, and public school building(s)) that are passed by its cable system and meet the requirements of subsection (F)(2) (a) of this section. The city or county or school may without charge install facilities and equipment (at city's, county's or school's cost) to transmit the signals to all rooms within a building. The outlets shall not be used to sell services in or throughout such buildings to third parties.

11. Uses permitted . Any franchise granted pursuant to the provisions of this chapter shall authorize and permit the grantee to engage in the business of operating and providing a cable system in the city and for that purpose to erect, install, construct, repair, replace, reconstruct, maintain and retain in, on, over,

under, upon, across and along any, street, such poles, wires, cable, conductors, ducts, conduit, vaults, manholes, amplifiers, and appliances, attachments, and other property as may be necessary and appurtenant to the cable system; and, in addition, so to use, operate, and provide similar facilities or properties rented or leased from other persons, firms or corporations, including but not limited to any public utility or other grantee franchised or permitted to do business in the city.

9. Service and line extension requirements .

   1. Residential . Grantee shall extend cable service at the normal installation rate to any residential dwelling unit within the city that is within 150 feet, for aerial installations, and 75 feet for underground installations where existing conduit and rights of way are available on reasonable terms and conditions, from the nearest distribution cable of the grantee's system (collectively the distances and conditions above are referred to hereafter as the "standard distances").

   2. Businesses . Grantee must extend cable service upon request to any business but may charge a business installation charge to recover the cost of construction including labor and materials and obtaining rights of way to the extent that the business is located beyond the standard distances, payable in advance. Businesses located within the standard distances shall be charged the grantee's normal installation rate.

   3. New residential developments . Grantee shall extend its distribution lines to serve a new residential development at no charge to subscribers if (i) the development is within the city limits existing on December 1, 2004 (the "2004 Existing City Limits") and when developed will have a minimum density of 40 dwelling units per cable plant mile as measured from the grantee's existing distribution plant ("Cable Plant Mile"); or (ii) ,the development is not within the 2004 Existing City Limits and has a minimum density of 60 dwelling units per cable plant mile and in both cases (iii) the development has made its trenches available to grantee in accordance with the requirements of § 111.14(K). After such extension of distribution lines, grantee shall charge its normal installation rate to subscribers within the development to the extent that a subscriber is within the standard distances of grantee's distribution cable within the development.

      1. Developer's main trench and service requirements . With regard to any new residential development (within or not within the 2004 Existing City Limits), the developers of such development (the "developers") at their expense shall provide and extend all utility trenching necessary to service any phase of a proposed development to the nearest active existing underground or overhead cable television system infrastructure.

      2. Easements and rights-of-way . Developers at their expense shall obtain all necessary easements and rights-of-way as necessary for the placement and maintenance of cable television system infrastructure in all underground trenches and all overhead infrastructures. This includes but is not limited to, railroad crossing thoroughfares, streams, rivers and waterways. Cable television companies shall be included in all legal descriptions and must be recorded with the Placer County Recorders Office by developers.

      3. Relocation of existing cable television facilities . If relocations of any existing cable television facilities (including any underground or overhead infrastructure) are required by the development plans, the developers shall be responsible for all cost associated with relocation of such existing cable television facilities.

10. Other areas . Grantee may elect to provide cable service to areas not meeting the above density standards. The grantee may impose additional charges in excess of its normal installation charge for any service drop in excess of the standard distances or that do not meet the density requirements of subsection (3) above. Any such additional charge shall be computed on a time and materials basis to be calculated on that portion of the installation that exceeds the standard distances, payable in advance.

    5. Rebuild . For a cable system which is rebuilt in 2004 or 2005, the grantee shall continue to serve all existing subscribers as set forth in its franchise with the city and shall offer service to certain businesses as also set forth in its franchise.

11. Maps . Grantee shall provide to the city maps showing the location of cable system facilities, including strand maps and design maps, and including maps showing the actual location of additions or extensions of lines. City agrees to maintain the confidentiality of grantee's maps and designs, provided for herein to the maximum extent permitted bylaw.

1. In consideration of the granting and exercise of a franchise to use the streets, as herein described, for the operation of a cable system, any grantee shall pay to the city, during the life of the franchise, 5% of the grantee's gross revenues. Payments of such franchise fees shall be done on a quarterly basis. Payment shall be within 30 calendar days following the end of a quarter. In the event that Federal law changes to provide that the city may charge, as a matter of right, a greater fee, or to include other services (such as cable modem service), such fee shall be automatically increased (or revenues from other services added) to the maximum so permitted by such Federal law. The city shall give the grantee 90 days written notice of any such increase in the franchise fee percentage. City agrees that all amounts paid by the grantee as franchise fees may be added to the price of cable services and collected from the grantee's customers as "external costs" as such term is used in 47 C.F.R. § 76.922. In addition, all amounts paid as franchise fees may be separately stated on subscriber's bills as permitted in 47 C.F.R. § 76.985. Any increase in franchise fees will be payable by the grantee after (a) the approval of the city, if required, to the inclusion of the increase on customers' bills, including any required approval pursuant to 47 C.F.R. § 76.933; (b) notice (if required) to the grantee's customers of the increase; and (c) the collection of the increase in franchise fees by the grantee from its subscribers.

2. The city shall have the right to inspect the grantee's revenue records under the franchise and the right of audit and recomputation of any and all amounts payable under this chapter; the cost of said audit shall be borne by grantee when the same results in increasing, by more than 10%, the grantee's annual payment to the city.

3. No acceptance of any payment shall be construed as a release, or as an accord and satisfaction of any claim the city may have for further or additional sums payable under this chapter or for the performance of any other obligation hereunder.

4. Grantee shall submit to the city a late fee on franchise fee payments which are submitted after the due date, except that the grantee shall be granted a 5 day "grace" period. Any franchise fee payment submitted after the 5 day grace period shall be subject to a late fee. The late fee shall be based upon an interest rate which shall be calculated by taking the then current interest rate on one-year Treasury Bills and adding three 3% and multiplying the resulting sum times the late franchise fee payment.

5. Discounted rates. If grantee's subscribers are offered what is, in effect, a discount if they obtain both cable services and some other, non-cable goods or service, then for gross revenue computation purposes, the discount shall be applied proportionately to cable and noncable goods and services, in accordance with the following example:

6. Assume a subscriber's charge for a given month for cable services alone would be $40, for local telephone service alone would be $30, and for cable modem service alone would be $36, for a total of $100. In fact the three services are offered in effect at a combined rate of $80, where the subscriber receives what amounts to a 20% discount from the rates that would apply to the services if purchased individually. The discount for franchise fee computation purposes would be

applied pro rata so that gross revenues would be deemed to be $32 ($40 less 20% of $40). The result would be the same if the subscriber received a $20 discount for cable modem service on the condition that he or she also subscribes for cable services at standard rates.

2. Assume the same facts as the preceding example, except that the subscriber also purchases a cable service such as HBO at a fixed fee of $15 a month, which is not included in the discounted service offering the discount (the effective discount effectively does not apply to this service), for a total of $95, gross revenues would be $47 ($32 from the prior example plus $15).

3. The existence and amount of a discount shall be determined on the basis of the sum of the lowest generally available stand alone rates for a subscriber or class of subscriber for each of the goods and services which are offered at the combined rate.

4. If a grantee offers a good or service, such as a subscriber wiring repair service, which applies to both cable services and non-cable services, then for franchise fee gross revenues computation purposes the franchise fee for such good or service shall be allocated pro-rata between the cable services and non-cable services in question based on the number of services involved.

1. The franchise granted by the city under this chapter shall be for a term up to 15 years from the date of its acceptance by the grantee.

2. The city may terminate any franchise granted pursuant to the provisions of this chapter in the event of the willful failure, refusal or neglect by grantee to do or comply with any material requirement or limitation contained in this chapter.

3. The City Manager may make written demand that the grantee do or comply with any such requirement, limitation, term, condition, rule or regulation. If the failure, refusal or neglect of the grantee continues for a period of 30 days following such written demand, or such additional time as the City Manager may provide under the circumstances, the City Manager shall place his or her request for termination of the franchise upon the next regular Council meeting agenda. The City Manager shall cause to be served upon such grantee, at least 10 days prior to the date of such Council meeting, a written notice of his or her intent to request such termination, and the time and place of the meeting, notice of which shall be published by the city at least 10 days before such meeting in a newspaper of general circulation within the city.

4. The Council shall consider the request of the City Manager and shall hear any persons' interested therein, and shall determine, in its discretion whether or not any failure, refusal or neglect by the grantee was with just cause.

5. If such failure, refusal or neglect by the grantee was with just cause, the Council shall direct the grantee to comply, within such time and manner and upon such terms and conditions as are reasonable.

6. If the Council shall determine such failure, refusal or neglect by the grantee was without just cause, then the Council may, by ordinance, declare that the franchise of such grantee shall be terminated and forfeited unless there be full compliance with the franchise by the grantee within such period as the Council may fix. Any determination of termination or forfeiture shall be subject to judicial review and shall not take effect until a final order in any such appeal(s) is issued upholding the termination or forfeiture.

7. The termination and forfeiture of any franchise shall in no way effect any of the rights of the Council under the franchise or any provision of law.

8. In the event of any holding over after expiration or other termination of any franchise granted hereunder, without the prior consent of the Council, expressed by resolution, or unless the expiration or termination is subject to judicial review, the grantee shall pay to, the city as reasonable compensation

and damages 100% of its gross revenue during the period.

1. Application . Each application for an initial franchise to construct, operate, or maintain any cable systems in the city shall be filed with the City Clerk and shall contain or be accompanied by the following:

   1. The name, address, and telephone number of the applicant;

   2. A detailed statement of the corporate or other business entity organization of the applicant, including but not limited to, the following:

      1. The names, residence and business addresses of all officers, directors, and associates of the applicant.

      2. The names, residence and business addresses of all officers, persons and entities having, controlling, or being entitled to have or control 5% or more of the ownership of the applicant and the respective ownership share of each such person or entity.

      3. The names and addresses of any parent or subsidiary of the applicant, namely, any other business entity owning or controlling applicant in whole or in part or owned or controlled in whole or in part by the applicant, and a statement describing the nature of any such parent or subsidiary business entity, including but not limited to cable systems owned or controlled by the applicant, its parent or subsidiary and the areas served thereby.

      4. A detailed description of all previous experience of the applicant in providing cable service and in related or similar fields.

      5. A detailed and complete financial statement of the applicant, prepared by a certified public accountant, for the fiscal year next preceding the date of the application hereunder, or a letter or other acceptable evidence in writing from a recognized lending institution or funding source, addressed to both the applicant and the Council, setting forth the basis for a study performed by such lending institution or funding source, and a clear statement of its intent as a lending institution or funding source to provide whatever capital shall be required by the applicant to construct and operate the proposed system in the city, or a statement from a certified public accountant, certifying that the applicant has available sufficient free, net and uncommitted cash resources to construct and operate the proposed system in this city.

      6. A statement identifying, by place and date, any other cable television franchise awarded to the applicant, its parent or subsidiary, the status of said franchise with respect to completion thereof; the total cost of completion of such system; and the amount of applicant's and its parent's or subsidiary's resources committed to the completion thereof.

   3. A detailed description of the proposed plan of operation of the applicant which shall include, but not be limited to, the following:

      1. A detailed map indicating, to the satisfaction of the City Manager, all areas proposed to be served, and a proposed time schedule for the installation of all equipment necessary to become operational throughout the entire area to be served.

2. A statement or schedule setting forth all proposed classifications of rates and charges to be made against subscribers and all rates and charges as to each of said classifications, including installation charges and service charges.

   3. A detailed, informative, and referenced statement describing the actual equipment and operational standards proposed by the applicant. In no event shall said operational and performance standards be less than those contained in Title 47, Subpart K (Section 76.601

et seq .), Rules and Regulations, Federal Communications Commission, adopted February 2, 1972, and as amended.

4. A copy of the form of any agreement, undertaking, or other instrument proposed to be entered into between the applicant and any subscriber.

5. A detailed statement setting forth in its entirety any and all agreements and undertakings, whether formal or informal, written, oral, or implied; existing or proposed to exist between the applicant and any person, firm, or corporation which materially relate or pertain to or depend upon the application and the granting of the franchise.

4. Any other details, statements, information or references pertinent to the subject matter of such application which shall be required or requested by the Council, or by any provision of any other ordinance of the city.

5. A nonrefundable application fee in the sum of $30,000, which shall be in the form of cash, certified or cashier's check, or money order, to pay the costs of studying, investigating, and otherwise processing such application, and which shall be in consideration and not returnable or refundable in whole or in part.

6. Council initiating applications . The Council may, by advertisement or any other means, solicit and call for applications for cable system franchises, and may determine and fix any date upon or after which the same shall be received by the city, or the date before which the same must be received, or the date after which the same shall not be received, and may make any other determinations and specify any other times, terms, conditions, or limitations respecting the soliciting, calling for, making and receiving of such applications.

7. Referral of application to City Manager . Upon receipt of any application for a franchise, the Council shall refer the same to the City Manager who shall prepare a report and make recommendations respecting such application, and cause the same to be completed and filed with the Council within 60 days.

8. Factors considered in award of franchise . In making any determination hereunder as to any application the Council may give due consideration to such factors as the quality of the service proposed, rates to subscribers, income to the city, experience, character, background, and financial responsibility of any applicant, and its management and owners, technical and performance quality of equipment, willingness and ability to meet construction and physical requirements, and to abide by policy conditions, franchise limitations and requirements, and any other considerations deemed pertinent by the Council for safeguarding the interests of the city and the public. The Council, in its discretion, shall determine the award of any franchise on the basis of such considerations and without competitive bidding. If the Council shall determine to reject such application, such determination shall be final and conclusive, and the same shall be deemed rejected.

9. Notice of hearing . If the Council shall determine to further consider the application, the following may be done:

   1. The Council may decide and specify the terms and conditions of any franchise to be granted hereunder and as herein provided.

   2. The Council may pass its ordinance of intention to consider the granting of such a franchise, giving notice of receipt of the application, and describing the character of the franchise, the terms and conditions upon which such franchise is proposed to be granted, that copies of the proposed franchise may be obtained at the office of the, City Clerk, fixing and setting forth a day, hour, and place certain when and where any persons having any interest therein or objection to the granting thereof may file written protests and appear before the Council and be heard, and directing the City Clerk or City Manager to publish said ordinance at least once within 10 days of the passage thereof in a newspaper of general circulation within the city.

6. Decision regarding award of franchise .

1. At the time set for any hearing, or at any adjournment thereof, the Council shall proceed to hear all written protests. Thereafter, the Council may make one of the following determinations:

   1. That such franchise be denied; or

   2. That such franchise be granted upon the terms and conditions as specified in the resolution of intention to grant the same; or

   3. That such franchise be granted, but upon the terms and conditions different from those specified in the resolution of intention to grant the same.

2. If the Council shall determine that the franchise be denied, such determination shall be expressed by resolution and shall be final and conclusive.

3. If the Council shall determine that a franchise be granted upon the terms and conditions as specified in the resolution of intention to consider granting the same, such determination shall be expressed by ordinance granting a franchise to the applicant.

4. If the Council shall determine upon granting a franchise upon terms and conditions different from those specified in the resolution of intention to consider granting the same, then such determination shall be expressed by resolution adopted prior to granting a franchise by ordinance.

5. Application exemption . No grantee shall be required to comply with the application terms and conditions herein as a result of a franchise renewal or a franchise extension.

1. Performance bond to city . Upon being granted a franchise, and upon the filing of the acceptance required under § 111.10, the grantee shall file with the City Clerk and shall thereafter, annually, during the entire term of such franchise, maintain in full force and effect a corporate surety bond or other security in form mutually acceptable to city and grantee in the amount of $25,000. The bond or agreement shall be so conditioned that in the event that grantee shall fail to comply with any one or more of the provisions of this chapter or of such franchise, then there shall be recoverable jointly and severally from the principal and surety any damages or loss, or costs suffered or incurred by the city as a result thereof, including attorneys' fees and costs of any action or proceeding, and including the full amount of any compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond. Said condition shall be a continuing obligation during the entire term of such franchise and thereafter until grantee shall have satisfied in full any and all obligations to the city, which arise out of or pertain to said franchise. Neither the provisions of this section, nor any bond accepted by the city pursuant hereto, nor any damages recovered by the city thereunder shall be construed to excuse faithful performance by the grantee, or limit the liability of the grantee under any franchise issued pursuant to this chapter or for damages either to the full amount of the bond, or otherwise.

2. Hold harmless agreement . Grantee shall indemnify and hold harmless the city, its officers, council, boards, commissions, agents, and employees, against and from any and all claims, demands, causes of actions, actions, suits, proceedings, damages (including but not limited to damages to city property and damages arising out of copyright infringements, and damages arising out of any failure by grantee to secure consents from the owners, authorized distributors or licensees of programs to be delivered by grantee's cable system, excluding PEG Access programming), costs of liabilities (including costs or liabilities of the city with respect to its employees), of every kind and nature whatsoever, including but not limited to damages for injury or death or damage to person or property, and regardless of the merit of any of the same, and against all liability to others, and against any loss, cost, and expense resulting or

arising out of any of the same, including any reasonable attorney fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, traveling and transportation expense, or other costs or expense arising out of or pertaining to the exercise or the enjoyment of any franchise hereunder by grantee, or the granting thereof by the city.

3. Defense of litigation . Grantee shall at the sole risk and expense of grantee, including any reasonable attorney's fees and costs, upon demand of the city, made by and through the city's counsel, appear in and defend any and all suits, actions, or other legal proceedings, whether judicial, quasi judicial, administrative, legislative, or otherwise, brought or instituted or had by third persons or duly constituted authorities, against or affecting the city, its officers, council, boards, commissions, agents, or employees, and arising out of or pertaining to the exercise or the enjoyment of such franchise, or the granting thereof by the city. Grantee shall pay and satisfy and shall cause to be paid and satisfied any judgment, decree, order, directive, or demand rendered, made or issued against grantee, the city, its officers, council, boards, commissions, agents, or employees in any of these premises; and such indemnity shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other assurance required hereunder, or otherwise; provided, that neither grantee nor city shall make or enter into any compromise or settlement of any claim, demand, cause of action, action, suit, or other proceeding, without first obtaining the written consent of the other.

4. Insurance required . At all times during the term of the franchise, plus any time after the term is over during which removal of facilities or restoration is occurring, grantee shall obtain, maintain, and pay all premiums for all insurance policies described in this section, so as to protect the public and the city. Within 30 days from the effective date of the franchise, grantee shall file with city certificates of insurance evidencing coverage. Failure to obtain and maintain any insurance policy required by this section shall be deemed a material breach of this franchise and may be grounds for termination of the franchise.

   1. Commercial general liability . Commercial general liability insurance, including completed operations liability, independent contractors liability, contractual liability coverage, railroad protective coverage and coverage for property damage from perils of explosion, collapse, or damage to underground utilities, commonly known as XCU coverage, in an amount not less than $5,000,000.

   2. Environmental contamination liability . Liability insurance for sudden and accidental environmental contamination with minimum limits of $1,000,000.

   3. Comprehensive automobile liability . Automobile liability insurance in an amount not less than $1,000,000.

   4. Broadcasters' liability . Broadcasters' liability coverage for loss or damage arising out of publications or utterances in the course of or related to advertising, broadcasting, telecasting or other communication activities conducted by or on behalf of grantee in an amount not less than $1,000,000 as the combined single limit for each occurrence of bodily injury, personal injury and property damage.

   5. Workers' compensation . Workers' compensation and employer's liability insurance with statutory limits, and any applicable federal insurance of a similar nature.

   6. Umbrella policies . The coverage amounts set forth above may be met by a combination of underlying (primary) and umbrella policies so long as in combination the limits equal or exceed those stated. If more than one insurance policy is purchased to provide the coverage amounts set forth above, then all policies providing coverage limits excess to the primary policy shall provide drop down coverage to the first dollar of coverage and other contractual obligations of the primary policy, should the primary policy carrier not be able to perform any of its contractual

obligations or not be collectible for any of its coverages for any reason during the term of this franchise, or (when longer) for as long as coverage could have been available pursuant to the terms and conditions of the primary policy.

7. Additional insured/claims made basis . City shall be named as an additional insured on all policies (other than workers' compensation and employer's liability). All insurance policies shall provide that they shall not be cancelled, modified or not renewed unless the insurance carrier provides 30 days prior written notice to city. Grantee shall annually provide city with a certificate of insurance evidencing such coverage. All insurance policies (other than environmental contamination, workers' compensation and employer's liability insurance) shall be written on an occurrence basis and not on a claims- made basis.

8. No limitation of liability . No recovery by city of any sum by reason of any insurance policy required by the franchise shall be any limitation upon the liability of grantee to city or to other persons.

9. Qualified carriers . All insurance shall be effected under valid and enforceable policies insured by insurance carriers licensed to do business in the State of California or by surplus line carriers on the State Insurance Commissioner's approved list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A or better by A.M. Best Company.

10. Deductibles . The insurance policies required by this Part may be written with deductibles but may not be written with retainages. Grantee shall indemnify and save harmless city from and against the payment of any deductible and from the payment of any premium on any insurance policy required to be furnished hereunder.

11. Contractors . Grantee's contractors and subcontractors working in the public ways shall carry in full force and effect commercial general liability, environmental contamination liability, automobile liability and workers' compensation and employer's liability insurance which complies with all terms of this section. In the alternative, grantee, at its expense, may provide such coverages for any or all its contractors or subcontractors (such as by adding them to grantee's policies).

12. Insurance primary . Grantee's insurance coverage shall be primary insurance with respect to city, its officers, agents, employees, elected and appointed officials, departments, boards, and commissions, (collectively "them"). Any insurance or self-insurance maintained by any of them shall be in excess of grantee's insurance and shall not contribute to it (where "insurance or selfinsurance maintained by any of them" includes any contract or agreement providing any type of indemnification or defense obligation provided to, or for the benefit of them, from any source, and includes any self-insurance program or policy, or self-insured retention or deductible by, for or on behalf of them).

13. Grantee, in addition to all other insurance requirements herein, shall maintain insurance in the type and amount as may be required in any license, permit or agreement obtained in connection with the construction, operation, or repair of its cable system and which is necessary to complete any construction, operation, or repair (such as Highway Permit, Railroad Crossing Agreement, Corps of Engineers Permit), regardless of who secured the license, permit, or agreement.

14. Once every three years after 2004 during the term of a franchise, city may review the insurance coverage's to be carried by grantee. If after providing grantee with notice and an opportunity to comment, city demonstrates that there is a valid need for higher limits of coverage, but not more than the limits of coverage set forth above adjusted for inflation, to protect the interests of city or the additional insureds, grantee shall be so notified and shall obtain, the additional limits of insurance, at its sole cost and expense. The phrase "limits of coverage set forth above adjusted for

inflation shall mean taking the minimum limits set forth, above as being stated in 2004 dollars and escalating them for inflation computed according to the Consumer Price Index for All Urban Consumers, All Items, West Urban Area 1982-1984=100, with January 2004 as the base point.

1. No franchise granted or renewed under this chapter shall become effective for any purpose unless and until written acceptance thereof shall have been filed with the City Clerk. Written acceptance shall also be, and operate as an acceptance of each and every term and condition and limitation contained in this chapter, or in such franchise, or otherwise specified as herein provided.

2. The written acceptance shall be filed by the grantee not later than 12:01 p.m. of the thirtieth day next following the effective date of the ordinance granting such franchise.

3. In default of the filing of such written acceptance as herein required, the grantee shall be deemed to have rejected and repudiated the franchise. Thereafter, the acceptance of the grantee shall not be received nor filed by the City Clerk. The grantee shall have no rights, remedies, or redress in the premises, unless and until the Council, by resolution, shall determine that such acceptance be received or filed, and then upon such terms and conditions as the Council may impose.

4. In any case, and in any instance, all rights, remedies and redress in these premises which may or shall be available to the city, shall at all times be available to the city, and shall be preserved and maintained and shall continuously exist in and to the city, and shall not be in any manner or means modified, abridged, altered, restricted, or impaired by reason of any of these premises, or otherwise.

5. Any franchise granted and accepted under this chapter shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by the grantee, of or pertaining to the construction, operation, or maintenance of any cable systems in the construction, operation, or maintenance of any cable systems in the city.

1. Nonexclusive. Every franchise granted under this chapter shall be nonexclusive.

2. Terms exhaustive. No privilege or exemption shall be granted or conferred by any franchise granted under this chapter except those specifically prescribed herein.

3. Streets and public property. Any privilege claimed under any such franchise by the grantee in any street or other public property shall be subordinate to any prior lawful occupancy of the streets or other public property.

4. Assignment and change in control.

   1. Any such franchise shall be a privilege to be held in personal trust by the original grantee. It cannot in any event be sold, transferred, leased, assigned or disposed of, in whole or in part, either by forced or involuntary sale, or by voluntary sale, merger, consolidation or otherwise, without prior consent of the Council expressed by resolution, and then only under such conditions as may therein be prescribed. Any such transfer or assignment shall be made only by an instrument in writing, such as a bill of sale, or similar document, a duly executed copy of which shall be filed in the office of the City Clerk within 30 days after any such transfer or assignment.

   2. Prior approval of the Council, expressed by resolution, shall be required when there is an actual change in control of grantee or, where ownership of 51% or more of the voting stock (or equivalent) of grantee is acquired by a person or group of persons acting in concert, none of

whom already own 51% or more of the voting stock (or equivalent), singly or collectively. Any such acquisition occurring without prior approval of the Council shall constitute a failure to comply with a provision of this chapter within the meaning of § 111.07.

3. Upon submission of an application for the above assignment or change in control (collectively "transfer"), grantee shall pay to the city a transfer fee deposit in an amount of 33% of the franchise fees paid city by grantee under § 111.06 during the prior calendar year, plus an additional 33% if in or concurrent with, the application there is a request for a material change in this chapter, the franchise, other agreements grantee has with city or grantee's agreements with the operator(s) of the city's PEG Access Channels. Upon disposition of the transfer process, the city shall provide an itemized accounting of the actual costs incurred in processing the request. Any unused funds will be returned to the original grantee. If the transfer fee deposit is not sufficient to pay the city's costs related to the transfer request, the parties will be billed and approval of the transfer will not become effective until all city costs are paid in full.

4. Time of essence. Time shall be of the essence of any such franchise granted hereunder. The maintenance of records and provision of reports in accordance with the franchise requirements is also of essence to any franchise granted hereunder. The grantee shall not be relieved of his, her, or its obligation to comply promptly with any of the provisions of this ordinance by any failure of the city to enforce prompt compliance.

5. City staff assignments. Any right or power in, or duty impressed upon, any officer, employee, department, or commission of the city shall be subject to transfer by the city to any other officer, employee, department, or commission of the city.

6. No recourse against city. The grantee shall have no recourse whatsoever against the city for any loss, cost, expense, or damage arising out of any provision or requirement of this ordinance or any franchise issued hereunder or because of its lawful enforcement or non-enforcement

7. Subject to city laws. The grantee shall be subject to all generally applicable requirements of city laws, rules, regulations, and specifications heretofore or hereafter enacted or established.

8. Non-city permits. Any such franchise granted shall not relieve the grantee of any obligations involved in obtaining pole or conduit space from any department of the city, utility company, or from others maintaining utilities in streets.

9. Franchise in lieu of their rights. Any franchise granted hereunder, shall be in lieu of any and all other rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or exercisable by grantee, or any successor to any interest of grantee, of or pertaining to the construction, operation, or maintenance of any cable system in the city; and the acceptance of any franchise hereunder shall operate, as between grantee and the city, as an abandonment of any and all of such rights, privileges, powers, immunities, and authorities within the city, to the effect that, as between grantee and the city, and all construction, operation and maintenance by any grantee of any cable television system in the city shall be, and shall be deemed and construed in all instances and respects to be, under and pursuant to the franchise, and not under or pursuant to any other right, privilege, power, immunity, or authority whatsoever.

10. The franchise does not confer rights other than as provided by this enabling ordinance and the franchise agreement, or as mandated by federal or state law.

11. The franchise does not authorize or prohibit the grantee to construct, operate, or repair any other type of system, or to provide service to, or install its cable system upon private property without owner consent, or to use publicly or privately owned conduits or poles without a separate agreement with the owners, except that nothing in this section limits any rights the grantee may have to use compatible easements pursuant to Section 621 of the Cable Act, 47 U.S.C. § 541(a)(2).

12. All acts which the grantee is required to perform under the franchise or applicable law must be performed at the grantee's expense.

13. The provisions of the franchise and this enabling ordinance shall be construed in accordance with the laws of the State of California and federal law, including but not limited to the Cable Act and the rules of the FCC.

14. Nothing in the franchise shall be read to create an expectancy of renewal or to in any respect entitle the grantee to renewal or extension of the franchise, except as may be expressly required by applicable law.

1. Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, the right of the city to acquire the property of the grantee, either by purchase or through the exercise of the right of eminent domain, at a fair and just value, which shall not include any amount for the franchise itself or for any of the rights or privileges granted, and nothing herein contained shall be construed to contract away or to modify or abridge, whether for a term or in perpetuity, the Council's right of eminent domain.

2. There is reserved to the city every right and power which is required to be herein reserved or provided by any law and grantee by its acceptance of the franchise, agrees to be bound thereby and to comply with any action or requirements of the city in its exercise of such rights or power, heretofore or hereafter enacted or established.

3. The City Manager may do all things which are necessary and convenient in the exercise of its jurisdiction under this chapter and may determine any question of fact on behalf of the city, which may arise during the existence of any franchise granted hereunder. The City Manager, with the approval of the City Council, is authorized and empowered to adjust, settle, or compromise any controversy or charge arising from the operations of any grantee under this chapter, either on behalf of the city, or any subscriber, in the best interest of the public. Either the grantee or any member of the public who may be dissatisfied with the decision of the City Manager may appeal the matter in writing to the Council for hearing and determination. The Council may accept, reject or modify the decision of the City Manager, and the Council may adjust, settle or compromise any controversy or cancel any charge arising from the operations of the grantee or from any provision of this chapter on behalf of the city or any subscriber. Nothing herein is intended to bind the grantee with respect to any adjustment, settlement or compromise with regard to any controversy or charge arising from the operations of any grantee under this chapter without the express written consent of the grantee. Any decision of the Council may be appealed by the grantee to a court of competent jurisdiction.

1. Rates . Grantee shall annually on or before January 1 and within 30 days after a rate change file with the City Clerk a statement or schedule setting forth all rates and charges to subscribers, including installation and service.

2. Non-discrimination and equal employment opportunity .

   1. Throughout the term of this franchise, the grantee shall fully comply with the equal employment opportunity requirements of federal, state, and local law and, in particular, FCC rules and regulations relating thereto. Upon request by the city, the grantee shall furnish the city a copy of the grantee's annual statistical report filed with the FCC, along with proof of the grantee's annual certification of compliance. The grantee shall immediately notify the city in the event the grantee is at any time determined by the FCC not to be in compliance with said FCC rules or regulations.

   2. The grantee shall not, in its rates or charges, or in the availability of the services or facilities of its cable system, or in any other respect, make or grant undue preferences or advantages to any subscriber, potential subscriber, or group of subscribers or potential subscribers, nor shall the grantee subject any such persons or group of persons to any undue prejudice or any disadvantage; provided, however, the grantee may offer temporary, bona fide promotional discounts in order to attract or maintain subscribers provided that such discounts are offered on a non-discriminatory basis to similar classes or types of subscribers throughout the city. The grantee shall not deny, delay, or otherwise burden service or discriminate against subscribers or potential subscribers within its franchise area on the basis of age, race, creed, religion, color, sex, national origin, marital status, sexual orientation, physical or mental disability, or political affiliation, except for discounts for the elderly or economically disadvantaged that are applied in a uniform and consistent manner. This section shall not prohibit grantee from publishing different rates for different classes of subscribers, so long as the rates are identical for every subscriber in each class.

   3. The grantee shall not deny cable service to any group of potential subscribers because of the income of the residents of the area in which the group resides.

   4. The grantee shall ensure that its services are accessible, as far as reasonably practical, to people with disabilities. All programming received by the grantee with closed-captioning shall be retransmitted by the cable system including the closed-caption signal in accordance with the requirements of the FCC.

3. Subscriber services .

   1. Grantee shall provide a minimum of 78 channels.

   2. To the extent required by federal law, grantee shall provide to all residential subscribers the signals of qualified local commercial television stations and qualified low-power stations and qualified local non-commercial educational television stations.

4. In addition to such other service requirements as may be contained in this franchise, the grantee agrees to provide the following broad categories of service:

   1. Educational programming;

   2. News and information;

   3. Sports;

   4. General entertainment (including movies);

   5. Children/family-oriented;

   6. Arts, culture, and performing arts;

   7. Foreign language;

   8. Science/documentary;

   9. Weather information;

   10. Ethnic programming;

   11. Minority programming;

   12. National, state and local government affairs;

   13. Religious programming;

   14. PEG access programming; and

   15. Audio programming (including local radio signals).

111.14 Permits And Construction

1. Within 30 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 associated microwave transmission facilities. In connection therewith, copies of all petitions, applications and communications submitted by the grantee to the Federal Communications Commission, Securities and Exchange Commission, or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting grantee's cable system operations, if requested by the city, shall also be submitted simultaneously to the City Manager.

2. Within six months after obtaining all necessary permits, licenses and authorizations, including right of access to poles and conduits, grantee shall commence construction and installation of the cable system.

3. 1. The construction, reconstruction, installation, operation, and maintenance of the cable system and all parts thereof shall be performed in an orderly and workmanlike manner. All such work shall be performed in accordance with the following safety, construction, and technical specifications, codes, and standards, as they may now exist or be amended or adopted hereafter, including applicable grandfathering provisions contained therein:

      1. Occupational Safety and Health Administration ("OSHA") Safety and Health Standards;

      2. National Electrical Code;

      3. National Electrical Safety Code ("NESC");

      4. Obstruction Marking and Lighting, AC 70/7460, such as Federal Aviation Administration;

      5. Construction, Marking and Lighting of Antenna Structures, FCC Rules 47 C.F.R. Part 17; 6. All federal, state, and local construction requirements, including FCC Rules and Regulations; and

      6. All building and zoning codes, and all land use restrictions and local safety codes.

4. In the even of a conflict among codes and standards, the most stringent code or standard shall apply (except insofar as those standards, if followed, would result in a cable system which could not meet requirements of federal, state, or local law; and except for minor modifications as are typical in the industry). The city may adopt reasonable additional standards after consultation with the grantee as required to ensure that work continues to be performed in an orderly and workmanlike manner, or to reflect changes in standards which may occur during the franchise term.

5. Within one year after the commencement of construction and installation of the cable system, grantee shall proceed to render cable service to subscribers, and the completion of the installation and construction shall be pursued with reasonable diligence thereafter, so that service to all of the areas designated and scheduled in accordance with a franchise agreement shall be provided as set forth therein.

6. Failure on the part of the grantee to commence and diligently pursue each of the foregoing requirements and to complete each of the matters set forth herein, shall be grounds for termination of such franchise. By resolution, the Council, in its discretion, may extend the time for the commencement and completion of installation and construction for additional periods in the event the grantee, acting in good faith, experiences delays by reason of circumstances beyond its control.

7. Grantee shall utilize existing poles, conduits, and other facilities whenever possible, and shall not construct or install any new, different, or additional poles, conduits, or other such facilities whether on public property or on privately owned property unless and until first securing the written approval of the City Manager. Whenever grantee shall not utilize existing poles, conduits and other facilities, or whenever existing conduits and other facilities shall be located beneath the surface of the streets, or

whenever the city shall undertake a program designed to cause all conduits and other facilities to be located beneath the surface of the streets in any area or throughout the city, in the exercise of its police power or pursuant to the terms hereof, upon reasonable notice to grantee, any such conduits or other facilities of grantee shall be constructed, installed, placed, or replaced beneath the surface of the streets. Any construction, installation, placement, replacement, or changes which may be so required shall be made at the expense of grantee, whose costs shall be determined as in the case of public utilities.

7. In those areas of the city where the transmission or distribution facilities of the respective public utilities providing telephone, communication and electric services are underground, the grantee likewise shall construct, operate and maintain all of its transmission and distribution facilities underground. The term "underground" shall include a partial underground system; provided, that upon obtaining the written approval of the City Manager, amplifiers in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.

8. The grantee at his, her, or its expense shall protect, support, temporarily disconnect, relocate, or remove any property of grantee when, in the opinion of the City Manager the same is required by reason of traffic conditions, public safety, street vacation, freeway or street construction, change or establishment of street grade, installation of sewers, drains, water pipes, power lines, signal lines, transportation facilities, tracks, or any other types of structure or improvements by governmental agencies whether acting in a governmental or a proprietary capacity, or any other structure or public improvement, including but not limited to movement of buildings, urban renewal and redevelopment, and any general program under which the city shall undertake to cause all such properties to be located beneath the surface of the ground. The grantee shall in all cases have the privilege, subject to the corresponding obligations, to abandon any property of grantee in place, as herein provided. Nothing hereunder shall be deemed a taking of the property of grantee, and grantee shall be entitled to no surcharge by reason of anything hereunder. Grantee shall upon the request of any person holding a building and/or structure moving permit issued by the city, or other appropriate governmental entity, temporarily raise, lower, relay, relocate, or move its wires, cables and other facilities to accommodate the moving of buildings, towers, tanks; and structures as the grantee shall determine. The expense of such temporary raising or lowering, relaying, relocation or removal of grantee's facilities shall be paid by the person requesting the same, and the grantee shall have the authority to establish the reasonable cost of such changes and require such payment in advance. A grantee shall be given at least 48 hours advance written notice to arrange for such temporary changes and grantee shall retain the right to require advance payment prior to the temporary relocation of facilities.

9. Upon the failure, refusal, or neglect of grantee to cause any work or other act required by law or hereunder to be properly completed in, on, over, or under any street within, any time prescribed therefor, or upon notice given, where no time is prescribed, the City Manager may cause such work or other act to be completed in whole or in part, and upon so doing shall submit to grantee an itemized statement of the costs thereof. The grantee shall, within 30 days after receipt of such statement, pay to the city the entire amount thereof.

10. In the event that (1) the use of any part of the cable system of grantee is discontinued for any reason for a continuous period of 12 months, without prior written notice to and approval by the city; or (2) any part of such cable system has been installed in any street or other area without, complying with the requirements hereof; or (3) any franchise shall be terminated, canceled, or shall expire, then the grantee shall, at the option of the city, and at the expense of grantee and at no expense to the city, and upon demand of the city, promptly remove from any streets or other area all property of grantee, and grantee shall promptly restore the street or other area from which such property has been removed to such condition as the City Manager shall approve. The Council may, upon written application therefor by grantee, approve the abandonment of any such property in place by grantee and under such terms and

conditions as the Council may prescribe. Upon abandonment of any such property in place, grantee shall cause to be executed, acknowledged, and delivered to the city such instruments as the City Council shall prescribe and approve, transferring and conveying the ownership of such property to the city.

11. In the case of new construction or property development (including areas of the city that are primarily commercial) where utilities are to be placed underground, the developer, utility or property owner shall give grantee reasonable written notice of not less than 45 days prior to such construction or development, and 48 hours notice, weekends and holidays excluded, of the date on which open trenches will be available for grantee's installation of conduit, pedestals, and/or vaults, and laterals to be provided at the grantee's expense. The grantee shall not be responsible for any cost of the trenches whether the trenching is performed by the developer, property owner or by a utility company. The term "underground" shall include a partial underground system; provided, that upon obtaining the written approval of the City Manager, amplifiers in the grantee's transmission and distribution lines may be placed in appropriate housings upon the surface of the ground.

1. 1. In the event, of the termination or transfer of the franchise, the grantee shall ensure that all subscribers receive continuous, uninterrupted service regardless of circumstances. At the city's request, grantee shall cooperate with the city to operate its cable system for a temporary period (the "transition period") following termination or transfer of the franchise as necessary to maintain continuity of service to all subscribers, and, shall cooperate in the development of plans required to ensure an orderly transition from one operator to another. The transition period will be no longer than the reasonable period required to select another grantee and build a replacement cable system. During such transition period, the cable system shall be operated consistent with the terms and conditions of the franchise and this enabling ordinance and the financial benefits of operation shall accrue to the grantee.

   2. In the event grantee fails to operate the cable system for 96 hours during any 7 day period without prior approval of the city, or if the cable system is abandoned, the city may, at its option, operate the cable system or designate an operator until such time as the grantee restores service under conditions acceptable to the city or until the franchise is revoked and a permanent operator is selected. If the city is required to fulfill this obligation, for the grantee, the grantee shall reimburse the city for all costs or damages resulting from the grantee's failure to perform that are in excess of the revenues from the cable system received by the city. Additionally, the grantee will cooperate with the city to allow city employees and/or city agents free access to the grantee's facilities and premises for purposes of continuing cable system operation.

2. Grantee shall be prohibited from directly or indirectly providing information concerning the viewing patterns of identifiable individual subscribers to any person, group or organization for any purpose.

3. The chapter is subject to the city's police powers; however, nothing herein is intended to either restrict or expand the city's police power.

4. When not otherwise prescribed herein, all matters herein required to be filed with the city shall be filed with the City Clerk.

5. Because the grantee's failure to comply with provisions of this franchise will result in injury to the city, and because it will be difficult to estimate the extent of such injury, the city and the grantee agree to the following liquidated damages. Damage amounts may be adjusted throughout the term of the franchise by the city by resolution to take into account increases in the consumer price index. City may not

impose liquidated damages without first following the procedures of § 111.07, including § 111.07(C) requiring the provision to grantee of notice of a violation and an opportunity to cure the violation without incurring any penalty.

1. For failure to complete construction or extend service in accordance with the franchise: $250 per day for each day the violation continues;

2. For failure to comply with material requirements for PEG Access use of the cable system, or for material violations of a grantee's agreement with Auburn Area Access, Inc. or, subsequent designated PEG Access channel operator, including failure to make timely payments of PEG support moneys provided for in such agreement: $250 per day for each day the violation continues;

   3. For repeated, willful, or continuing failure to submit reports, maintain records, provide documents, maps or information: $200 per day for each day the violation continues;

   4. For violation of customer service standards: $100 per violation per day and;

   5. For failure to comply with transfer provisions: $500 per day from the date of unlawful transfer. 6. For all other material violations: $250 per day for each day the violation continues.

3. All remedies provided under the franchise or this chapter shall be cumulative, unless otherwise expressly stated. The exercise of one remedy shall not foreclose use of another, nor shall it relieve the grantee of its obligations to comply with the franchise. Remedies maybe used singly or in combination; in addition, the city may exercise any rights it has under law or at equity. However, notwithstanding this or any other provision of this chapter, city shall not recover both liquidated damages and actual damages for the same violation, breach, noncompliance.

At any time prior to the expiration of a franchise granted pursuant to this ordinance, the Council may grant an extension of up to 10 years in the term thereof, provided:

1. That the grantee has satisfied and performed all conditions of the original franchise and any conditions imposed upon the renewal or extension thereof;

2. A noticed hearing shall be held as required herein for the grant of a franchise extension;

3. The grantee shall agree to perform any and all conditions that the Council shall see fit to require for the extension of the franchise.

4. Nothing herein shall modify grantee's franchise renewal rights under the Cable Act or other applicable law.

1. From and after the effective date of this chapter, it shall be unlawful for any person to construct, install or maintain within any public street in the city, or within any other public property of the city, 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, any equipment or facilities for distributing cable services through a cable system, unless, a franchise authorizing such use of such street or property or area has first been obtained pursuant to the provisions of this chapter, and unless such franchise is in full force and effect.

2. It is unlawful for any person, firm or corporation to make or use any unauthorized connection, whether physically, electrically, acoustically, inductively or otherwise, with any part of a franchised cable system within this city for the purpose of enabling himself or others to receive or use any cable service, without payment to the owner of said cable system.

3. It is unlawful for any person, without the consent of the owner, to willfully tamper with, remove or injure part of the cable system used for distribution of cable service.

4. Any violation of the provisions of this ordinance shall be punishable as provided in § 10.99.

The grantee shall not be held in default under, or in noncompliance with, the provisions of the franchise, nor suffer any enforcement or penalty relating to noncompliance or default (including termination, cancellation or revocation of the franchise), where such noncompliance or alleged defaults occurred or were caused by strike, riot, war, terrorism, earthquake, flood, tidal wave, unusually severe rain or snowstorm, hurricane, tornado or other catastrophic act of nature, labor disputes, governmental, administrative or judicial order or regulation or other event that is reasonably beyond the grantee's ability to anticipate and control, where the event was not foreseeable, and where reasonable measures by grantee could not have avoided or mitigated the effects grantee claims were caused by the event.

1. All claims, disputes, and controversies between grantee and city arising out of or in relation to the performance, interpretation, application, or enforcement of the franchise, including but not limited to breach thereof, shall be referred to mediation before, and as a condition precedent to, the initiation of any court action or, to the extent provided for in a franchise, any arbitration.

2. The parties shall submit any such dispute, to an impartial, neutral mediator selected by mutual consent of the parties. In the event the parties cannot agree on the selection of a mediator, the dispute shall be referred to JAMS for selection of a mediator in accordance with its rules, or if JAMS is not available the dispute shall be referred to the presiding judge of the Placer County Superior Court for selection of a mediator. The parties shall equally bear the cost of mediation fees, subject only to the exception set forth in the next division. Either party shall have the right to object to the selection of any mediator who is not willing to execute a waiver of the provisions of Section 1119 of the California Evidence Code with respect to written offers of compromise consistent with the waiver set forth below in division (C) below.

3. If during the mediation, a party ("offering party") makes a written offer of compromise to another party which is not accepted by said party ("refusing party") and the refusing party fails to obtain a more favorable result through litigation or arbitration, the refusing party shall pay the offering party all costs and expenses, including reasonable attorney fees and the cost of the mediator and court costs, incurred from the time the offer is refused. The parties specifically agree to waive the provisions of Section 1119 of the California Evidence Code to the extent necessary to establish that such a written offer of compromise was made, to authenticate and admit a copy of such written offer and to establish that such written offer was not accepted by the other party.

111.20 State Video Service Fees For Educational And Governmental (PEG) Access

1. As of December 31, 2006, the city was imposing a fee for Public Educational and Governmental Access (PEG) channel facilities capital uses of $.78 per subscriber ($.28 defined in Ordinance 04-07 paragraph 8-h plus $.50 from Franchise Exhibit B "ACTV Agreement") as part of the city-granted cable franchise held by Starstream Communications, which franchise is owned by WaveDivision Holdings, LLC d/b/a Wave Broadband ("Wave Broadband") as of August 2008. This PEG capital support fee was in addition to the franchise fee paid to the city.

2. As required by section 5870(n) of the California Public Utilities Code, the city establishes a fee of $.78 or 1% of gross revenues, whichever is greater, to support PEG channel facilities capital support to be paid by any state video franchise holder operating in the service areas of the city. the fee shall be paid

quarterly no later than the 60 days following the quarter for which the payment is due. This PEG capital support fee is in addition to the franchise fee to be paid to the city by the state video service franchise holders.

(Ord. 08-08, eff. 11-12-2008)

111.21 Customer Service Penalties

1. Any holder of a state video service franchise shall comply with all applicable state and federal customer service and protection standards pertaining to the provision of video service, including but not limited to those standards set forth or referenced in California Public Utilities Code sections 5840(e), 5890, and 5900.

2. The city will provide any holder of a state video franchise written notice of any material breach of applicable customer service and protection standards, and will allow the franchise holder at least 30 calendar days from the receipt of the notice to remedy the specified material breach. A material breach that is not remedied by the state video franchise holder within the remedy period shall be subject the state video franchise holder to the following penalties to be imposed by the city.

   1. For the first occurrence of a material breach, a penalty of not more than $500 for each day of each material breach, not to exceed $1,500 for each occurrence of a material breach.

   2. For a second violation of the same nature within 12 months, a penalty of $1,000 for each day of each material breach, not to exceed $3,000 for each occurrence of the material breach.

   3. For a third or further violation of the same nature within 12 months, a penalty of $2,500 for each day of each material breach, not to exceed $7,500 for each occurrence of the material breach.

3. Any notice and any penalty may be issued or imposed by the City Manager. Any notice shall be in writing and shall be transmitted by certified or registered mail, return receipt requested and postage prepaid, or by private commercial delivery or courier service for same day or next business day delivery with delivery and receipt signature required.

4. A state video service franchise holder may appeal any finding of material breach or imposition of penalties to the City Council. Any appeal must be made within 30 calendar days of receipt by the state video service franchise holder of the finding of material breach or the imposition of penalties, and must be submitted in writing to the City Clerk. Any appeal must state why the applicant believes that the finding of material breach or the imposition of penalties was inconsistent with statutory requirements.

5. The city and a state video service franchise holder may agree to extend the time periods specified herein. Any such agreement shall be in writing and executed by the City Manager and an authorized representative of the state video franchise holder.

6. Any penalty imposed on a state video franchise holder shall be paid to the city. As provided for in section 5900(g) of the California Public Utilities Code, the city shall submit one-half of all penalties received from a state video franchise holder to the Digital Divide Account established by section 280.5 of the California Public Utilities Code.

(Ord. 08-08, eff. 11-12-2008)

111.22 Procedures For Appeal Of Denial Of An Encroachment Permit

1. As provided for in section 5885 of the California Public Utilities Code, the city shall either approve or deny an application from a state video service franchise holder for an encroachment permit within 60 days of receiving a completed application.

2. An "encroachment permit" means any permit issued by the city relating to construction or operation of facilities relating to the provision of video service under a state video service franchise.

3. An application for an encroachment permit is considered complete when the applicant has complied with all statutory requirements, including those of California Environmental Quality Act, Public Resources Code sections 21000 et seq.

4. Any city denial of an application for an encroachment permit shall be in writing and shall state the reason for the denial.

5. An applicant may appeal the denial of an application for an encroachment permit to the City Council. Any appeal must be made within 15 calendar days of receipt by the state video service franchise holder of the denial, and must be submitted in writing to the City Clerk. Any appeal must state why the applicant believes that the denial was inconsistent with statutory requirements.

(Ord. 08-08, eff. 11-12-2008)

112 MASSAGE ESTABLISHMENTS AND TECHNICIANS

112 General Provisions (Sections 112.001-112.004) 112 Massage Establishment Permits (Sections 112.010-112.021) 112 Massage Establishment Operating Requirements (Sections 112.030-112.037) 112 Exemptions, Violations, And Penalties (Sections 112.045-112.050)

112 General Provisions (Sections 112.001-112.004)

1. It is the purpose and intent of the city to comply with California law while also protecting the health, safety, and welfare of the inhabitants of the city through the enactment of standards of professional competence and operational requirements which promote the therapeutic use of massage therapy.

2. This chapter is not intended to be exclusive and compliance with city regulations will not excuse noncompliance with any state or local laws or regulations that are uniformly applied to other professional or personal services businesses including, without limitation, all zoning applications; business license regulations; building, fire, electrical, and plumbing codes; and health and safety laws and regulations applicable to professional or personal services businesses.

3. The California State Legislature implemented uniform statewide regulations pertaining to massage therapy and massage establishments (enacted by AB 1147 in 2014 and extended by AB 2194 in 2017 to January 1, 2021) now codified in Chapter 10.5 of Division 2 of the Cal. Business and Professions Code (commencing at §§ 4600 et seq .), hereinafter referred to as the Massage Therapy Act, which created a statewide system for issuing massage worker permits, thereby preempting local permitting systems and requirements. The statewide permitting system is administered by the California Massage Therapy Council (CAMTC).

4. The Massage Therapy Act authorizes local jurisdictions to enforce certain business licensing and to establish reasonable health and safety requirements for massage establishments, not in conflict with the Massage Therapy Act. To enable the city to carry out the local regulation and review of massage establishments found in the Massage Therapy Act, the city must maintain massage establishment regulations in this code.

5. The city wishes to promote the ethical practice of massage therapy as an important healing art and to prevent and discourage the misuse of massage therapy as a front for prostitution activities in violation of the law, including, but not limited to, subdivisions (a) and (b) of § 647 of the Cal. Penal Code, as may be amended.

6. The enhancement of the city's reasonable regulations on the operation of massage establishments and the conduct of all massage service providers will serve to reduce the risk of potentially injurious and illegal activity.

7. This chapter establishes a local regulatory system for massage establishments to operate within the city.

(1973 Code, § 5-18.01) (Ord. 724, eff. 5-10-1978; Am. Ord. 18-09, passed 7-9-2018)

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section.

APPLICANT . Any person that seeks a massage establishment permit as required by this chapter.

APPROVED SCHOOL OF MASSAGE . Any school or institution of learning which has for its purpose the teaching of the theory, method, profession, or work of massage therapists, which school requires a resident course of study of not fewer than 200 hours to be given before the student shall be furnished with a diploma or certificate of graduation from such school or institution of learning showing the successful completion of such course of study. Schools offering correspondence course(s) not requiring actual attendance of class shall not be deemed recognized schools. Schools not approved by the state of California under the provisions of § 4601(a) of the Cal. Business and Professions Code or an equivalent out of state school shall not be deemed recognized schools.

CALIFORNIA MASSAGE THERAPY COUNCIL (CAMTC) . The California Massage Therapy Council created pursuant to Cal. Business and Professions Code § 4602(a).

CERTIFICATE . The certificate, or conditional certificate, issued by CAMTC under to Cal. Business and Professions Code §§ 4601, 4604, 4604.1, and 4604.2 to massage therapists and to massage practitioners, as those terms are defined in Cal. Business and Professions Code § 4601.

CITY . The City of Auburn.

COMPENSATION . The payment, loan, advance, donation, contribution, deposit, or gift of money or anything of value.

CONVICTED . Having entered a plea, or receiving a verdict, of guilty. CONVICTED also includes having entered a plea of nolo contendere.

INDEPENDENT CONTRACTOR . A person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job.

MANAGER . A person who supervises, inspects, directs, organizes, controls, or in any other way is responsible for or in charge of the conduct of the activities within a massage establishment.

MASSAGE, MASSAGE THERAPY and/or MASSAGE SERVICES . The systematic and scientific manipulation and treatment involving the external manipulation or pressure of soft tissue for therapeutic purposes. MASSAGE THERAPY includes any method of pressure on or friction against, or stroking,

kneading, rubbing, tapping, pounding, vibrating, or stimulating of the external surfaces of the body with hands, apparatus or appliances, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointment, or other similar preparations. Massage therapy scope of practice does not include diagnosis, prescribing of drugs or medicines, spinal or other joint manipulations, nor any service or procedure for which a license to practice medicine, chiropractic, physical therapy, acupuncture, or podiatry is required by law.

MASSAGE ESTABLISHMENT . A fixed place of business, premises, facility or membership club where any person gives, performs or administers massage for compensation.

MASSAGE ESTABLISHMENT PERMIT . A massage establishment permit issued under this chapter by the city.

MASSAGE PROFESSIONAL . Any person who performs or administers to another person massage for compensation. MASSAGE PROFESSIONALS shall include massage practitioners and massage therapists.

MOBILE MASSAGE SERVICES . Services in which a massage professional gives, performs or administers to another person a massage for compensation at a location other than a massage establishment permitted pursuant to this chapter.

OWNER . Any and all owners of a massage establishment including any of the following persons:

1. A sole provider as defined in this section;

2. Any general partner of a general or limited partnership that owns a massage establishment;

3. Any person who has an ownership interest in a corporation that owns a massage establishment;

4. Any person who is a member of a limited liability company that owns a massage establishment;

5. A massage professional acting as an independent contractor as defined in this section; and

6. All owners of any other type of business association that owns a massage establishment.

PERSON . Any natural person, individual, group, firm, association, partnership, corporation, company, sole proprietorship, or any other legal entity.

POLICE CHIEF . The Chief of Police of the city and/or his or her designee.

SOLE PROVIDER . A massage establishment where the owner owns 100% of the business, is the only person who provides massage services for compensation for that business, and has no other employees or independent contractors.

(1973 Code, § 5-18.02) (Ord. 724, eff. 5-10-1978; Am. Ord. 93-9, eff. 10-3-1993; Am. Ord. 18-09, passed 7-92018)

1. It is unlawful for any person to own, conduct, operate or maintain a massage establishment within the city without having a valid massage establishment permit issued pursuant to this chapter. Massage establishment permits shall also be required of any permanent or semi-permanent seated massage or reflexology installation. Applicants who have an existing massage establishment permit in good standing at the time of the enactment of this chapter shall submit an application for a massage establishment permit within 60 days of the enactment of this chapter.

   2. It is unlawful for any person to own, conduct, operate or maintain a massage establishment within the city unless all persons providing massage services for the massage establishment each hold a diploma or certificate of graduation from an approved school of massage.

• (Ord. 18-09, passed 7-9-2018)

It is unlawful for any person to advertise massage services within the city without complying with the requirements provided for in this chapter.

(Ord. 18-09, passed 7-9-2018)

112 Massage Establishment Permits (Sections 112.010-112.021)

1. An application for a massage establishment permit shall be made by the owner, as defined in § 112.002. Such application shall designate the person or persons who will be the manager, if applicable, of the premises.

2. All applications for permits shall be filed with the Police Chief on such forms as he or she may prescribe, and shall contain such information as the Police Chief shall reasonably deem necessary for the proper processing of the application; provided, however, that all persons certified pursuant to Chapter 10.5 (commencing with § 4600) of Division 2 of the Cal. Business and Professions Code shall be exempt from submitting to any test, medical examination, or background check, including a criminal background check or requiring submission of fingerprints for a federal or state criminal background check, and from complying with education requirements beyond what is required by Chapter 10.5 (commencing with § 4600) of Division 2 of the Cal. Business and Professions Code. The application for a permit does not authorize the operation of a massage establishment unless and until such permit has been granted.

3. Subject to the exemption of division (B) of this section, any application for a massage establishment permit shall contain the following information:

   1. The full true name and any other names used by the applicant. If the applicant is:

      1. An individual, the individual shall state his or her full legal name;

      2. A partnership, the partnership shall state its complete name, address, and the names of all partners, whether the partnership is general or limited, and a copy of the partnership agreement, if any. In addition, the application must designate the person who will provide

all information required by this chapter;

3. A corporation, the corporation shall state its complete name, the date of its incorporation, evidence that the corporation is in good standing under the laws of California, the names and capacities of all officers, directors, and/or members, and/or manager(s), and the name of the registered agent and the address of the registered agent for service of process. In addition, the application must designate the person who will provide all information required by this chapter; or

4. A limited liability company, or other business association, the company shall provide its complete name, address, the names of all principals, directors, and/or managers, its articles of organization and operating agreement. In addition, the application must designate the person who will provide all information required by this chapter.

5. The true, full and precise name under which the massage establishment is to be conducted, as well as any and all names under which the massage establishment is to be advertised.

6. The address where the massage establishment is to be located and all telephone numbers for the massage establishment.

7. The name and address of the owner of the real property upon or in which the proposed massage establishment is to be conducted and, if applicable, the lessor. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease.

8. The current residential address and telephone number of the owner, as well as the manager (if the manager is a different person) who will be principally in charge of the operation of the massage establishment, and the previous residential addresses and business addresses within the previous 5 years, if any.

9. The applicant's height, weight, eye color, and hair color.

10. Written proof to the satisfaction of the city that the applicant is at least 18 years of age.

11. The applicant's business, occupation or employment history for the 5 years immediately preceding the date of the application.

12. The massage or similar business license history of the applicant, including whether such person, previously operating in this city or another city, county or state under a license or permit, has had such license or permit revoked or suspended; and the reasons and dates for any such revocation or suspension.

13. All criminal convictions, except minor traffic violations.

14. Proof of diplomas or certificates of graduation from an approved school of massage of all proposed massage professionals and other employees or independent contractors who are or will be employed or retained in the massage establishment.

15. A clear, color photocopy of a valid, government issued identification card.

16. A complete set of fingerprints (LiveScan). The applicant shall be responsible for payment of any fingerprinting fees. Applicants in good standing as determined by the Police Chief are exempt from this requirement.

17. Authorization for the city, its agents, and employees to seek verification of the information contained in the application.

18. Such other identification and information as the Police Chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application.

19. A current and valid policy of insurance issued by an insurance company authorized to do business in the state of California evidencing that the applicant is insured under a liability insurance policy providing minimum coverage of $1,000,000 for injury or death to any 1 person

arising out of the operation of any massage establishment and the administration of a massage. Proof of insurance must be provided within 30 days of issuance of a massage establishment permit.

17. Proof of current city business license for the massage establishment.

18. A statement in writing and dated by the person providing the information, that he or she certifies under penalty of perjury, that all information contained in the application is true and correct.

19. In the event that the Police Chief requires further information, or deems the application incomplete, the applicant shall be notified in writing of the required information within 20 calendar days of submitting the application. Additional information shall be provided within 15 calendar days of the date of the request, after which time the application shall be deemed abandoned. Abandoned and incomplete applications shall be denied.

(Ord. 18-09, passed 7-9-2018)

A massage establishment shall be issued for a term of 2 years. It may be renewed by the Police Chief for additional 2- year periods upon application by the permittee unless the permit is suspended or revoked in accordance with §§ 112.018 and 112.019. An application for renewal shall be accompanied by a nonrefundable fee as established by resolution adopted by the City Council, as amended from time to time.

(Ord. 18-09, passed 7-9-2018)

Every application for a massage establishment permit shall be accompanied by a nonrefundable fee as established by resolution adopted by the City Council, as amended from time to time. The application and fee required pursuant to this section shall be in addition to any other license, permit or fee required by federal, state or local law. Applicants who have an existing massage establishment permit in good standing at the time of the enactment of this chapter are exempt from this fee requirement.

(Ord. 18-09, passed 7-9-2018)

1. Upon receipt of a completed massage establishment permit application, the Police Chief shall conduct an investigation, including an inspection of the massage establishment, if applicable, to ascertain whether a permit should be issued as requested. The Police Chief shall, within 45 calendar days of receipt of the completed application, approve, condition or deny the permit.

2. The police chief may deny a permit provided for in this chapter if he or she finds any of the following:

   1. The applicant, any owner, or any person directly engaged, employed, or retained in the massage establishment, has:

      1. Been convicted of a violation of any provision of law pursuant to which a person is required to register under the provisions of Cal. Penal Code § 290, or conduct in violation of Cal. Penal Code §§ 266h, 266i, 314, 315, 316, 318, subsections (b) or (d) of Cal. Penal Code §§ 647, 653.22 or 653.23, as may be amended, or convicted of an attempt to commit or conspiracy to commit any of the above-mentioned offenses, or any other crime involving dishonesty, fraud, deceit, or moral turpitude or when the prosecution accepted a plea of guilty or nolo contendere to a charge of a violation of Cal. Penal Code §§ 415 or 602, as may

be amended, or any lesser included or related offense, in satisfaction of, or as a substitute for, any of the previously listed crimes, or any crime committed while engaged in the ownership of a massage establishment or the practice of massage;

2. Been convicted of a violation of Cal. Health and Safety Code § 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Cal. Health and Safety Code §§ 11054, 11055, 11056, 11057 or 11058, as may be amended;

3. Been convicted of any offense in any other state or US territory, which is the equivalent of any of the above-mentioned offenses;

4. Been subjected to a permanent injunction against the conduction or maintaining of a nuisance pursuant to §§ 11225 through 11235 of the Cal. Penal Code, as may be amended, or any similar provisions of law in a jurisdiction outside the state of California;

5. Committed an act in another jurisdiction which, if committed in this state, would have been a violation of law and which, if done by a permittee under this chapter, would be grounds for denial, suspension or revocation of the permit;

6. Committed any act, which, if done by a permittee, would be grounds for suspension or revocation of a permit; or

7. Had a massage establishment permit or massage therapist/practitioner permit or other similar license or permit denied, suspended or revoked for cause by the city, any state, local agency or other licensing authority, or has had to surrender a permit or license as a result of pending criminal charges or in lieu of said permit or license being suspended or revoked.

2. The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application.

   3. The application does not contain all the information required by § 112.010 and applicant fails to complete the application after having been notified of any additional information or documents required.

   4. The applicant is not at least 18 years of age.

   5. The massage establishment, as proposed, does not comply with all applicable laws, including, but not limited to, health, zoning, fire, building, and safety requirements and standards imposed by the laws of the state and the ordinances of the city, including this chapter.

   6. The applicant failed to obtain all the necessary approvals from the necessary city departments or other governmental agencies, including, but not limited to, the city's development services department.

   7. The applicant has refused to or cannot meet the requirements established by this code.

   8. The required fee(s) have not been paid and/or any other requirements of this chapter have not been satisfied within the time specified.

   9. The massage establishment is proposed in the same location in which a massage establishment has previously been closed due to criminal activity within 1 year prior to the date of the application.

3. Notwithstanding division (B), the applicant shall not be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under § 4852.01 of the Cal. Penal Code, as may be amended, or on the basis that he or she has been convicted of a misdemeanor.

4. If the Police Chief, upon completion of the investigation, determines the applicant does not fulfill the requirements set forth in this chapter, the Police Chief shall deny the application by dated written notice to the applicant. The applicant shall have the right of appeal as set forth in § 112.014.

5. Upon issuance of any permit, the Police Chief may limit the permit by any condition reasonably necessary to preserve the intent and purpose of this chapter.

(Ord. 18-09, passed 7-9-2018)

The Police Chief shall cause a written notice of his or her decision to issue, condition or deny a permit to be mailed to the applicant by certified U.S. mail, postage prepaid, return receipt requested. An applicant aggrieved by the Police Chief's decision to condition or deny a permit may appeal such decision to the City Council by filing a written notice with the City Clerk within 14 calendar days of the applicant's receipt of the Police Chief's written notice of decision. If an appeal is not filed within such time, the Police Chief's decision shall be final.

(Ord. 18-09, passed 7-9-2018)

Upon appeal to the City Council, the permit application shall be scheduled by the City Clerk for a public hearing within 45 calendar days, or as soon thereafter as is practicable.

(Ord. 18-09, passed 7-9-2018)

1. The hearing shall be noticed in accordance with the Ralph M. Brown Act.

   2. Notice of hearing shall be given by the posting of notice on the premises where the activity is to be conducted for a period of not less than 5 calendar days prior to the date of the hearing. In addition, a copy of the notice of hearing shall be mailed to the applicant at least 5 calendar days in advance of the hearing.

   3. The City Clerk may give such additional notice of hearing as it deems appropriate in a particular case.

• (Ord. 18-09, passed 7-9-2018)

Following a public hearing, the City Council may grant the permit subject to such conditions as it deems reasonable under the circumstances, or it may deny the issuance of the permit if it finds any of the grounds specified in § 112.013(B). The decision of the City Council shall be final.

(Ord. 18-09, passed 7-9-2018)

Any permit issued under the terms of this chapter may be suspended or revoked by the Police Chief in writing upon determining that any of the grounds specified in § 112.019 exist. No permit shall be revoked or suspended by virtue of this section until a hearing has been held by the Police Chief. Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted at least 5 calendar days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending such permit. Service of notice may be either by personal delivery to the

person to be notified, or by depositing it in the U.S. mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his or her address as it appears in his or her application for a permit. The hearing must be held within 10 calendar days of the date of service of notice.

(Ord. 18-09, passed 7-9-2018)

Any permit issued under the terms of this chapter may be suspended or revoked if any permittee, his or her agent, employee, or independent contractor:

1. Has violated or failed to comply with the terms and conditions of the permit;

2. Does any act which violates any of the grounds for denial of the permit;

3. Has violated any other provision of this chapter or any federal, state or local law or regulation relating to his or her permitted activity;

4. Has engaged in or permitted misconduct substantially related to the qualifications, functions or duties of the permittee;

5. Conducts the massage establishment in a manner contrary to the peace, health, or safety of the public;

6. Has knowingly made any false, misleading or fraudulent statement of material fact in the application or in any documentation required to be filed in conjunction with said application;

7. Has been convicted of any of the crimes identified in § 112.013(B)(1)(a), (B)(1)(b) or (B)(1)(c); or

8. Engages in unprofessional conduct, including, but not limited to, the following:

   1. Engaging in sexually suggestive advertising related to massage services;

   2. Engaging in any form of sexual activity on the premises of a massage establishment where massage is provided for compensation;

   3. Engaging in sexual activity while providing massage services for compensation;

   4. Practicing massage on a suspended or revoked permit;

   5. Practicing massage without a permit;

   6. Providing massage of the genitals or anal region;

   7. Providing massage of the female breasts without the written consent of the person receiving the massage and a referral from a licensed California health provider; or

   8. Dressing while engaged in the practice of massage for compensation, or while visible to clients in a massage establishment, in any of the following:

      1. Attire that is transparent, see-through, or substantially exposes the massage professional's undergarments;

      2. Swim attire, if not providing a water based massage modality approved by the CAMTC;

      3. A manner that exposes the massage professional's breasts, buttocks, or genitals;

      4. A manner that constitutes a violation of § 314 of the Cal. Penal Code, as may be amended; or

      5. A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

(Ord. 18-09, passed 7-9-2018)

Any permittee aggrieved by the decision of the Police Chief in refusing to renew, suspending or revoking a permit may, within 14 calendar days from the issuance of the Police Chief's written decision, appeal to the City Council by filing a written notice with the City Clerk. During the pendency of the appeal to the City Council,

the permit shall remain in effect. If such appeal is not filed within 14 calendar days, the decision of the Police Chief shall be final. If an appeal is filed in a timely manner, the City Council shall, after notice as provided in § 112.016, hold a hearing on the appeal, and deny the renewal for any of the grounds specified in § 112.013 or suspend or revoke the permit for any of the grounds specified in § 112.019. The City Council's decision shall be final.

(Ord. 18-09, passed 7-9-2018)

1. If a massage establishment permit is suspended or revoked pursuant to this chapter, no permit shall be granted to the former permittee to conduct or carry on a massage establishment within 1 year after such suspension or revocation.

2. Furthermore, when an application for a permit is denied for cause, no new application for a permit from the same person shall be accepted within 1 year after denial unless the applicant can show a material change in his or her situation that would justify the issuance of such permit.

(Ord. 18-09, passed 7-9-2018)

112 Massage Establishment Operating Requirements (Sections 112.030-112.037) 112.030 Minors

It is unlawful for any person to employ or retain anyone under the age of 18 years as a massage professional. It is unlawful for any person under the age of 18 to perform services as a massage professional.

(Ord. 18-09, passed 7-9-2018)

1. It shall be the responsibility of a massage professional to refrain from providing massage services, if the massage professional has reason to believe that he or she has any communicable or contagious disease, any open wound of any nature, or any other condition which may be hazardous to the health of a client. Any massage professional having reason to believe that he or she may have any such disease or condition shall promptly notify his or her employer, or, if the massage professional is an independent contractor, to notify the person with whom he or she has been retained, and it shall thereafter be unlawful for the employer or owner to utilize the services of the massage professional unless the disease or condition is no longer present.

2. Whenever the manager has reason to suspect that a massage professional has a communicable or contagious disease, he or she shall require the suspected individual to have an examination by a licensed physician. If the massage professional is found to have a disease or condition which may be

hazardous to the health of a client, his or her employment or services rendered under contract shall be discontinued until reinstatement as a massage professional is approved in writing by a licensed physician certifying that the massage professional is free from communicable or contagious diseases.

(Ord. 18-09, passed 7-9-2018)

1. It is unlawful and a public nuisance to own, conduct, control, or operate a massage establishment unless the owner or manager designated in the application for the massage establishment is present within such massage establishment at all times.

2. An owner and/or manager shall be responsible for the conduct of all massage professionals while they are on the massage establishment premises. Any act or omission of any massage professional, whether an employee or an independent contractor, constituting a violation of the provisions of this chapter shall be deemed an act or omission of the owner or manager for the purposes of determining whether the massage establishment permit shall be revoked, suspended, conditioned, denied, or renewed.

3. No massage professional shall provide massage of the genitals or anal region of any client or the breasts of any female client without the written consent of the female client and a referral from a licensed California health care provider, nor shall any owner or manager of a massage establishment allow or permit such massage to the above specified areas. A massage shall not be given and no client shall be in the presence of a massage professional, independent contractor, owner, manager, or other employee of a massage establishment unless the client's genitals and the female client's breasts are fully covered by a non-transparent covering.

4. The hours of operation of the massage establishment must be posted in the front window, or on the door if there is no front window, and clearly visible from outside the establishment.

5. The owner or manager shall immediately provide to the Police Chief upon request the names and valid photo identification of all employees and independent contractors, the date of hire or termination, and proof of a diploma or certificate of graduation as provided in § 112.010(C)(11).

6. All owners, managers, massage professionals, other employees and independent contractors of the massage establishment shall be fully clothed at all times while furnishing massage services. No such individual shall dress while engaged in the practice of massage for compensation in any of the following:

   1. Attire that is transparent, see-through, or substantially exposes the individual's undergarments;

   2. Swim attire, if not providing a water-based modality approved by the CAMTC;

   3. A manner that exposes the individual's breasts, buttocks, or genitals;

   4. A manner that constitutes a violation of § 314 of the Cal. Penal Code, as may be amended; or

   5. A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

7. No massage establishment shall operate as a school of massage, or use the same facilities as that of a school of massage.

8. The massage establishment shall be open to inspection by the Police Chief, the Fire Chief, the Building Official, or their authorized representatives of the city during normal business hours of the massage establishment.

(Ord. 18-09, passed 7-9-2018)

All owners and managers shall comply with the following operating requirements for massage establishments as well as any other conditions specified by the Police Chief:

1. Structure . Massage establishments shall be carried on in a permanent building. The owner shall obtain all required building permits per the California Building Code (CBC).

2. Signs . Any signs shall be in conformance with the current sign ordinances of the city. Each owner and/or manager shall post and maintain, adjacent to the main entrance and the front of the business, a readable informational sign identifying the premises as a massage establishment.

3. Services list . Each owner and/or manager shall post and maintain a list of services available and the cost of such services in the lobby of the massage establishment in a conspicuous public place. The services shall be described in English. No owner or manager shall permit, and no person employed or retained by the massage establishment shall offer to perform, any services or charge any fees other than those posted.

4. Lighting . The interior of the massage establishment shall maintain adequate illumination to make the conduct of employees, independent contractors, and clients within the premises readily discernible. No strobe or flashing lights shall be used.

5. Ventilation . In each massage room, the owner and/or manager shall provide minimum ventilation in accordance with the applicable building and fire codes.

6. Toilet facilities . A minimum of 1 toilet and 1 separate wash basin shall be provided for clients in each massage establishment. The wash basin shall provide soap and hot and cold running water at all times and shall be located within close proximity to the massage rooms. A permanently installed soap dispenser, filled with soap, and a single service towel dispenser or hand dryer shall be provided at the restroom wash basin. Bar soaps shall not be used. A trash receptacle shall be provided in each toilet room.

7. Massage rooms . The room where massage is administered for each client shall have doors that remain unlocked at all times any client is in the room. A separate dressing area and clothing storage area is required where the massage is performed in a place other than where the client changes his or her clothing. Doors to such dressing rooms shall be self-closing.

8. Maintenance . Wet and dry heat rooms, shower rooms and bath and toilet rooms shall be thoroughly cleaned and disinfected as needed, but at least once each day the premises are open. All facilities for the massage establishment must be in good repair and shall be thoroughly cleaned and sanitized at least on a daily basis when the massage establishment is in operation.

9. Massage tables . A massage table shall be provided in each massage room and all massages shall be performed on the massage table, with the exception of Thai, Shiatsu, and similar modalities of massage therapy, which may be performed on a padded mat on the floor. No more than one client may occupy a massage table at the same time. Beds and floor mattresses shall not be permitted on the premises.

10. Front door . One front door that enters into the lobby and/or other waiting room shall be provided for client use. All clients and any persons other than employees or independent contractors shall be required to enter and exit through the front door of the massage establishment.

(Ord. 18-09, passed 7-9-2018)

All owners and managers shall comply with the following operating requirements for massage establishments as well as any other conditions specified by the Police Chief:

1. Sanitation . Each owner and/or manager shall provide and maintain on the premises adequate equipment and supplies for disinfecting and sterilizing instruments used in providing massages. Every portion of a massage establishment, including appliances and apparatus, shall be kept clean and in a sanitary condition. Appliances, apparatus, and equipment shall be disinfected after each use.

2. Linen . Shared use of towels or linen shall not be permitted. Towels and linen shall be laundered or changed promptly after each use and stored in a sanitary manner.

3. Living quarters prohibited . No person or persons shall be allowed to reside, dwell, occupy or live inside a massage establishment at any time. A kitchen, if any, shall be for the sole use of employees and independent contractors, and shall be installed in an employee-only area.

4. Persons consuming alcohol or drugs. No person shall enter, be, or remain in any part of a massage establishment while under the influence of an alcoholic beverage or drug unless it is a drug prescribed for that individual. The owner or manager shall not permit any person under the influence of an alcoholic beverage or non-prescribed drug to enter or remain on such premises. Furthermore, no person shall administer or receive a massage while consuming or using an alcoholic beverage or drug unless it is a drug prescribed for that individual.

5. Recordings . No building or part thereof where massage or massage services are being conducted shall be equipped with any electronic, mechanical or artificial device used, or capable of being used, for recording or videotaping or monitoring the activities, conversation or other sounds in the treatment room or room used by clients. In the event a portable recording device is located within a treatment room, the camera and/or microphone area of the device shall be covered so as to render those capabilities inoperable.

6. Warning devices . The presence of any device which can be utilized as an early warning system, to alert the employees or independent contractors of a massage establishment to the presence of law enforcement officers or city authorities is prohibited in any massage establishment. Said devices may include, but are not limited to, light or music dimmers, electronic detection devices, external or internal video equipment and alarm systems other than those used for fire alarms. Standard alert chimes to notify staff that a client has entered are permitted.

7. Coverings . Each massage establishment shall provide to all clients clean, sanitary, and opaque coverings of a minimum size of 30 inches by 60 inches, capable of covering the clients' specified anatomical areas, including, but not limited to, the genital area, buttocks, and female breasts. No shared use of such covering shall be permitted, and re-use is specifically prohibited unless adequately cleaned prior to its re-use.

8. Records . Every owner and/or manager shall keep a record of the dates and hours of each treatment or service, the name and address of the client as confirmed by valid identification, the name of the massage professional administering such service and a description of the treatment or services rendered. These records shall be prepared prior to administering any massage or treatment and shall be retained for a period of 2 years after such treatment or service.

9. Hours of operation . No massage establishment shall be open for business except during the hours of 6:00 a.m. to 10:00 p.m. on any day.

10. Doors . All exterior doors (except a rear entrance for staff only) and interior doors must remain unlocked during business hours, unless there is no massage establishment staff available to assure the security of clients and massage professionals who are behind closed doors. This division shall not apply to sole providers as defined in § 112.002 of this chapter.

11. Dress code for clients and visitors . Except for a client who is inside a massage room for the purpose of receiving a massage, no clients or visitors shall be permitted in or on the massage establishment premises at any time who are not fully clothed in outer garments of nontransparent material, or who

display or expose themselves in underclothing, sheer clothing, or similar intimate apparel that exposes the breasts, buttocks, or genital area.

12. Advertising .

1. Any advertising matter published or distributed shall include in legible print the massage establishment permit number.

2. No massage establishment shall place, publish or distribute or cause to be placed, published or distributed any advertising matter that:

   1. Depicts any portion of the human body that would reasonably suggest to prospective clients that any service is available other than legitimate massage services;

   2. Depicts individuals in suggestive poses that would reasonably suggest to prospective clients that any service is available other than legitimate massage services; or

   3. Employs language in the text of any advertising that would reasonably suggest to prospective clients that any service is available other than legitimate massage services.

(Ord. 18-09, passed 7-9-2018)

1. All equipment and apparatus shall be kept in a clean and sanitary condition and shall be disinfected after each use.

2. No massage professional performing mobile massage services shall dress while engaged in the practice of massage for compensation in any of the following:

   1. Attire that is transparent, see-through, or substantially exposes the individual's undergarments;

   2. Swim attire, if not providing a water-based modality approved by the CAMTC;

   3. A manner that exposes the individual's breasts, buttocks, or genitals;

   4. A manner that constitutes a violation of § 314 of the Cal. Penal Code; or

   5. A manner that is otherwise deemed by the CAMTC to constitute unprofessional attire based on the custom and practice of the profession in California.

3. Each massage professional performing mobile massage services shall have in his or her possession proof of an active and valid massage establishment permit while administering massage.

4. Mobile massage services must be performed in accordance with all other conditions as set forth in this chapter, and shall not include any services prohibited from being offered at a massage establishment under this chapter.

5. No mobile massage services shall be conducted except during the hours of 6:00 a.m. to 10:00 p.m. on any day.

6. No massage professional performing mobile massage services shall provide massage of the genitals or anal region of any client. No massage professional performing mobile massage services shall provide massage to the breasts of any female client without the written consent of the female client and a referral from a licensed California health care provider. A massage shall not be given and no client shall be in the presence of a massage professional performing mobile massage services unless the client's genitals and the female client's breasts are fully covered by a nontransparent covering.

7. A list of services shall be available for review of the client or authorized representative of the Police Chief upon request and shall be described in English. No massage professional shall offer to perform mobile massage services other than those listed.

8. No person shall administer or receive a mobile massage while under the influence of an alcoholic beverage or drug unless it is a drug prescribed for that individual.

(Ord. 18-09, passed 7-9-2018)

Every massage establishment permit issued pursuant to this chapter shall be conspicuously displayed so that it may be easily seen by any client or other person on the massage establishment premises.

(Ord. 18-09, passed 7-9-2018)

Any massage establishment permit issued pursuant to this chapter is valid only at the address, if applicable, and for the person specified therein and cannot be sold, transferred or assigned to any other person. Change of the massage establishment address requires the owner or manager to notify the Police Chief in writing 10 calendar days prior to the massage establishment moving to a new location and requires an inspection of the massage establishment prior to the massage establishment accepting clients for massage therapy. Failure to notify the Police Chief of the change of address shall render any permit void and any operation of a massage establishment unlawful.

(Ord. 18-09, passed 7-9-2018)

112 Exemptions, Violations, And Penalties (Sections 112.045-112.050) 112.045 Exemptions

The following persons and businesses shall be exempt from the requirements of this chapter.

1. Persons holding an active and valid certificate to practice the healing arts under the laws of the state of California and their employees and independent contractors, including, but not limited to, holders of medical degrees such as physicians, surgeons, chiropractors, osteopaths, naturopaths, podiatrists, acupuncturists, physical therapists, registered nurses, and licensed vocational nurses, when practicing the healing arts within the scope of an applicable license.

2. State-licensed hospitals, nursing homes, sanitariums, physiotherapy businesses, or other state-licensed physical or mental health facilities and their employees or independent contractors.

3. Approved schools of massage and their students in training, provided such students provide massage therapy only under the direct personal supervision of an instructor.

4. Barbers and cosmetologists who are licensed under the laws of the state of California, while providing massage therapy within the scope of their licenses, provided that such massage therapy is limited solely to the neck, face, scalp, feet, and lower limbs up to the knees, and hands and arms of their clients.

5. Persons who, acting within the scope of their employment, provide massage therapy to semiprofessional or professional athletes or athletic teams, facilities or events, so long as such persons do not practice massage therapy as their primary occupation within city limits.

6. Accredited high schools, junior colleges, and colleges or universities whose coaches and trainers are acting within the scope of their employment.

7. Individuals administering massages or health treatment involving massage to persons participating in athletic, recreational or festival events, such as health fairs, road races, track meets, triathlons and other similar events; provided, that all of the following conditions are satisfied:

   1. The massage services are made equally available to all participants in the event;

   2. The event is open to participation by the general public or a significant segment of the public;

   3. The massage services are provided at the site of the event and either during, immediately preceding, or immediately following the event;

   4. The sponsors of the event have been advised of and have approved the provisions of massage services; and

   5. The persons providing the massage services are not the primary sponsors of the event.

(Ord. 18-09, passed 7-9-2018; Am. Ord. 18-10, eff. 8-27-2018)

It is unlawful and a public nuisance to intentionally violate any of the provisions of this chapter. Violation of this chapter may be charged as either an infraction or a misdemeanor in the discretion of the City Attorney.

(Ord. 18-09, passed 7-9-2018)

The violation of any provision of this chapter shall be and is hereby declared to be contrary to the public interest and shall, at the discretion of the city, create a cause of action for injunctive relief.

(Ord. 18-09, passed 7-9-2018)

In addition to the civil remedies and criminal penalties set forth above, the violation of any provision of this chapter may be subject to administrative enforcement under Chapter 10 of this code and shall be and is hereby declared a public nuisance subject to summary abatement thereunder and under Chapter 95 of this code.

(Ord. 18-09, passed 7-9-2018)

Unless otherwise expressly provided, the remedies, procedures and penalties provided by this chapter are cumulative to each other and to any others available under state law or other city ordinances.

(Ord. 18-09, passed 7-9-2018)

Any person that violates any provision of this chapter shall be guilty of a separate offense for each and every day during any portion of which any such person commits, continues, permits, or causes a violation thereof.

(Ord. 18-09, passed 7-9-2018)

113 PAWNBROKERS AND SECONDHAND DEALERS 113 General Provisions (Section 113.01) 113 Daily Reports (Sections 113.15-113.20)

113 Operating Requirements (Sections 113.30-113.33) 113 Permit Requirements (Sections 113.45-113.46)

113 General Provisions (Section 113.01)

113.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

HOUSEHOLD FURNITURE AND FURNISHINGS . beds, bedding, tables, desks, chairs, appliances, floor coverings, crockery, glassware, kitchen and cooking utensils and all other personal property associated with, or customarily used within, residential real property.

PAWNBROKER . A person engaged in, conducting, managing or carrying on a business of pawnbroking, or the business of loaning money for himself, herself or for any other person upon personal property, or the business of purchasing articles of personal property and reselling, or agreeing to resell, such articles to the vendors or their assigns at prices agreed upon at or before the time of the purchase.

PAWNSHOP . Any room, store or place in which any such business is engaged in, carried on or conducted.

SECONDHAND DEALER . A person engaged in, conducting, managing or carrying on the business of buying, selling or otherwise dealing in secondhand goods, wares and merchandise, including radios for use in or upon automobiles, except secondhand household furniture and furnishings as defined in this section.

(1973 Code, § 5-17.01) (Ord. 708, eff. 6-22-1977)

113 Daily Reports (Sections 113.15-113.20) 113.15 Contents 113.16 Forms 113.17 Inspections 113.18 Copies To Be Kept; Inspections 113.19 Failure Or Refusal To Keep

113.20 Reports By Persons Other Than Pawnbrokers And Secondhand Dealers

113.15 Contents

1. Every pawnbroker and every secondhand dealer, on each day, except Sundays and legal holidays, before the hour of 10:00 a.m. shall make and deliver to the Chief of Police, in writing, a full, true and complete report in chronological order of all dealings in secondhand goods, wares and merchandise, including radios for use in or upon automobiles.

2. The reports shall be made out at the time the transaction is made by the pawnbroker or secondhand dealer. Every report made by the pawnbroker or secondhand dealer within the city during the 24 hours next preceding the report shall include the time of day when purchased or received, a complete description of each article purchased or received, a description of the person from whom purchased or received or with whom dealt, the license number and description of any vehicle which the person from whom purchased or received was riding in, upon or driving, and the true name of the person as near as the name is known to, or can be ascertained by, the person making the report.

3. If any article purchased or received shall have engraved thereon any number, word or initial, or shall contain any setting of any kind, the description of the article shall contain such number, word or initial and shall show the kind of setting and the number of each kind.

(1973 Code, § 5-17.02) (Ord. 708, eff. 6-22-1977)

Forms for reporting pursuant to § 113.15 of this chapter shall be so printed and subdivided that they shall have space for writing in the following manner: the description of the article purchased or received, the amount paid or loaned upon the property, the name and residence of the person from whom purchased or received, showing the true name as near as known, age, sex, complexion, color of hair, style of dress and height of the person from whom purchased or received, the time of day, the goods purchased or received, the license number, make, type and color of automobile or other vehicle driven or occupied by the person, the date and time of making such report, and the name and place of business of the pawnbroker or secondhand dealer making the report.

(1973 Code, § 5-17.03) (Ord. 708, eff. 6-22-1977)

The Chief of Police, upon the receipt of the reports required by § 113.15, shall file the reports in some secure place in his or her office and the reports shall be open to inspection only by members of the police departments of cities within the county, the Sheriff of the county or his or her officers and deputies, the District Attorney of the county, or by others upon such an order of the court having competent jurisdiction made for that purpose.

(1973 Code, § 5-17.04) (Ord. 708, eff. 6-22-1977)

1. Every secondhand dealer shall keep in his or her place of business a copy of every report required by § 113.15.

2. The copy shall be open at all times during business hours to the inspection of any police officer authorized to enforce the laws of the state.

3. The reports shall be kept in book form and each transaction shall be kept in chronological order.

(1973 Code, § 5-17.05) (Ord. 708, eff. 6-22-1977)

It shall be unlawful for any pawnbroker or secondhand dealer, or for any agent or employee of such pawnbroker or secondhand dealer, to fail, refuse or neglect to file a report as required by this chapter in the manner, form and time, and in all respects in accordance with the requirements of this chapter, or to fail, refuse or neglect to exhibit to the Chief of Police, or to his or her deputies, or to any officer authorized by law, immediately upon demand, any such form or record or any goods, wares and merchandise or personal property, including radios for use in or upon automobiles, so purchased or received by the pawnbroker or secondhand dealer, or by any agent or employee of the pawnbroker or secondhand dealer.

(1973 Code, § 5-17.06) (Ord. 708, eff. 6-22-1977)

113.20 Reports By Persons Other Than Pawnbrokers And Secondhand Dealers

1. Every person, except pawnbrokers and secondhand dealers, as defined in this chapter, having an established place of business within the city, and the servants, agents and employees of such persons, who, incidental to the principal business conducted in such fixed and established place of business, buys, sells or otherwise deals in secondhand goods, wares and merchandise, including radios for use in and upon automobiles, or in any way participates as an agent, broker or otherwise in buying, selling or dealing in secondhand goods, wares and merchandise or other personal property, including radios for use in or upon automobiles, within 24 hours after buying, purchasing or otherwise receiving such goods, wares and merchandise, including radios for use in or upon automobiles, shall make out and deliver to the Chief of Police, upon forms furnished by the Chief of Police, a written report of the purchases and receipts.

2. The reports shall include the following information:

   1. The date and hour purchased or received;

   2. A description of the person from whom purchased or received;

   3. The true name and address as nearly as the same is known to, or can be ascertained by, the person receiving or purchasing such property;

   4. The circumstances under which purchased or received;

   5. The license number and description of the vehicle driven or occupied by the person from whom the goods were purchased or received;

   6. The purchase price paid, if any; and

   7. A full and complete description of the goods, wares and merchandise, including radios for use in or upon automobiles, or other articles of personal property purchased or received.

(1973 Code, § 5-17.07) (Ord. 708, eff. 6-22-1977)

113 Operating Requirements (Sections 113.30-113.33)

113.30 Articles To Be Kept For 20 Days 113.31 Days And Hours Of Operation 113.32 Allowing Or Permitting Unlicensed Persons To Deal

113.33 Claims To Stolen Property

113.30 Articles To Be Kept For 20 Days

All goods, wares, merchandise and other personal property, including radios for use in or upon automobiles, purchased or received by any pawnbroker or secondhand dealer shall be held for a period of at least 20 days after they have been purchased or received before they may be sold or otherwise disposed of, excepting, however, all goods, wares, merchandise and other personal property, including radios for use in automobiles, upon which any duly licensed pawnbroker has issued a pawn ticket in accordance with the laws of the state. During the 20-day period all such property shall be kept separate and apart from all other goods, wares and merchandise, including radios for use in or upon automobiles, upon the premises, in the possession of such pawnbroker or secondhand dealer. All such property, during the 20-day period, shall be kept and exposed for police inspection during business hours.

(1973 Code, § 5-17.08) (Ord. 708, eff. 6-22-1977)

113.31 Days And Hours Of Operation

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer on Sundays or legal holidays and between the hours of 7:00 p.m. of each day and 8:00 a.m. of the following morning, except that on Saturdays and days before legal holidays, and during the 24 hours next preceding Christmas Day, each such person may engage in, conduct, manage, or carry on the business until the hour of 9:00 p.m.

(1973 Code, § 5-17.11) (Ord. 708, eff. 6-22-1977) Penalty, see § 10.99

Every person, except pawnbrokers and secondhand dealers, as defined in this chapter, having an established and fixed place of business in the city, and the servants, agents and employees of the persons, who shall allow, permit or encourage any person not possessing a permit as required by this chapter as a pawnbroker or secondhand dealer to buy, sell or otherwise deal in secondhand. goods, wares, and merchandise, including radios for use in or upon automobiles, in or about the established and fixed place of business shall be guilty of a misdemeanor.

(1973 Code, § 5-17.12) (Ord. 708, eff. 6-22-1977)

113.33 Claims To Stolen Property

1. In all cases where a claim is made to property pawned with or sold to a person holding a permit issued pursuant to this chapter by a person claiming to be the owner thereof and asserting that the property was stolen, the Chief of Police, after a hearing upon notice, shall determine the validity of such claim and the immediate disposition which should be made as to the possession of the claimed property, as provided in this section.

2. If the Chief of Police shall determine that the property was stolen, that the claimant is the owner thereof, and that there is no collusion between the claimant and the person by whom the property was stolen, the Chief of Police shall direct that the property be returned forthwith to the claimant without compensation of any kind being paid therefor.

3. In the event the direction shall be disobeyed, the permit under which the pawnbroker or secondhand dealer is permitted to conduct his or her business may be revoked or suspended by the Chief of Police without any further hearing.

4. The Chief of Police may designate any member of the Police Department or a Deputy Sheriff to hear evidence at any or all hearings which may be held under this section and to report his or her findings thereon to the Chief of Police; but, in all cases, the Chief of Police shall determine the disposition of the property.

5. This section shall not prevent any person from seeking judicial relief to determine the ownership of, or right to the possession of, any personal property; provided, the action is taken prior to the final determination thereof by the Chief of Police.

(1973 Code, § 5-17.13) (Ord. 708, eff. 6-22-1977)

113 Permit Requirements (Sections 113.45-113.46)

113.45 Required; Issuance 113.46 Revocation; Conditions

113.45 Required; Issuance

It shall be unlawful for any person to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer without having a valid, existing and unrevoked permit therefor. The permits shall be issued by the Chief of Police on an application therefor.

(1973 Code, § 5-17.09) (Ord. 708, eff. 6-22-1977) Penalty, see § 10.99

113.46 Revocation; Conditions

1. In the event any person holding a permit authorizing him or her to engage in, conduct, manage or carry on the business of a pawnbroker or secondhand dealer, or any agent or employee of the person, shall violate, or cause or permit to be violated, any provisions of this chapter, the Chief of Police, in addition to the other penalties, shall revoke the permit. If the permit of any such person shall be revoked, no permit shall be granted to the person to conduct or carry on the business within 6 months after the revocation.

2. No permit shall be revoked until a public hearing shall have been held by the Chief of Police. Notice of the hearing shall be given in writing and shall state the grounds of complaint against the permittee and shall also state the time and the place where the hearing will be held. The notice shall be served upon the holder of the permit or his or her manager or agent, at least 3 days prior to the hearing of the revocation of the permit, by delivering the notice in writing to the permittee, or his or her manager or agent, or to any person in charge of, or employed at, the place of business of the permittee or, if the permittee has no place of business, to his or her place of residence or by leaving the notice at the place of business or residence of the permittee.

(1973 Code, § 5-17.10) (Ord. 708, eff. 6-22-1977)

114 BINGO GAMES 114 General Provisions (Sections 114.01-114.02)

114 Licensing Provisions; Applications And Certificates (Sections 114.15-114.28) 114 Operating Requirements (Sections 114.40-114.99)

114 General Provisions (Sections 114.01-114.02) 114.01 Conformance With Laws 114.02 Definition

No person shall operate a bingo game in the city, except in conformance with state laws, this chapter and any other applicable city laws.

(1973 Code, § 5-16.01) (Ord. 707, eff. 6-22-1977) Penalty, see § 114.99

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

BINGO . A game of chance in which prizes are awarded on the basis of designated numbers or symbols on a card, which numbers or symbols conform to numbers or symbols selected at random. Notwithstanding Cal. Penal Code § 330c, as used in this chapter, the game of bingo includes cards having numbers or symbols that are concealed and preprinted in a manner providing for distribution of prizes. The winning cards shall not be

known prior to the game by any person participating in the playing or operation of the bingo game. All preprinted cards shall bear the legend, "for sale or use only in a bingo game authorized under California law and pursuant to local ordinance." BINGO , as defined in this section, applies exclusively to this chapter and shall not be applied in the construction or enforcement of any other provision of law.

(Cal. Penal Code § 326.5(o)) (1973 Code, § 5-16.02) (Ord. 707, eff. 6-22-1977)

114 Licensing Provisions; Applications And Certificates (Sections 114.15-114.28) 114.15 Organizations Eligible For Licenses 114.16 Applications 114.17 Applicants To Be Qualified 114.18 Contents Of Application 114.19 License Fees 114.20 Certificates Of Exemption 114.21 Investigation Of Applicants 114.22 Contents Of Licenses 114.23 Denial Of Licenses 114.24 Posting Of Licenses 114.25 Suspension Or Revocation Of Licenses 114.26 Appeals From Denial, Suspension Or Revocation; Judicial Review 114.27 Effect Of Denial Or Revocation Of Licenses 114.28 Transferability Of Licenses; Return Upon Expiration

Organizations which are exempt from the payment of the bank and corporation tax by Cal. Revenue and Taxation Code § 23701(d) and a contribution or gift to which would be a charitable contribution under I.R.C. § 170(c)(2) shall be eligible to apply for a license to conduct bingo games in the city under the provisions of the Constitution of the state, Cal. Penal Code § 326.5 of and the provisions of this chapter.

(1973 Code, § 5-16.03) (Ord. 707, eff. 6-22-1977)

The license issuing authority shall be the City Manager or his or her designee. An eligible organization desiring to obtain a license to conduct bingo games shall file an application in writing therefor with the City Manager on a form provided by the City Manager. The license issued shall be for a term of 1 year after the date of issuance, subject to renewal and payment in advance of the annual fee.

(1973 Code, § 5-16.04) (Ord. 707, eff. 6-22-1977)

No license to conduct bingo games shall be issued to any organization unless the applicant is an eligible organization under § 114.15 and the application of the organization conforms to the requirements, terms and conditions of this chapter.

(1973 Code, § 5-16.05) (Ord. 707, eff. 6-22-1977)

An application for a license to conduct bingo games shall contain the following:

1. The name of the applicant organization and a statement that the applicant is an eligible organization under § 114.15;

2. The names and signatures of at least 2 officers, including the presiding officer of the organization, and the name and signature of the member of the organization who will be primarily responsible for conducting bingo games;

3. A description of the property, including the street number, owned or leased by the applicant and used by the applicant for an office or for the performance of the purposes for which the applicant is organized and on which property bingo games will be conducted, together with the occupancy capacity of the place;

4. The proposed days of the week and the hours of the day for the conduct of bingo games;

5. A statement that the applicant agrees to conduct bingo games in strict accordance with the provisions of Cal. Penal Code § 326.5 and this chapter as they may be amended from time to time and that the license to conduct bingo games, may be revoked by the City Manager upon the violation of any of such provisions; and

6. The application shall be executed under penalty of perjury.

(1973 Code, § 5-16.06) (Ord. 707, eff. 6-22-1977)

The annual license fee to conduct bingo games shall be fixed by the Council by resolution and shall accompany the application.

(1973 Code, § 5-16.07) (Ord. 707, eff. 6-22-1977)

The applicant shall submit, with its application for a license to conduct bingo games, a certificate of determination of exemption under Cal. Revenue and Taxation Code § 23701(d) or a letter of good standing from the Exemption Division of the Franchise Tax Board of the state showing the exemption.

(1973 Code, § 5-16.08) (Ord. 707, eff. 6-22-1977)

1. Upon the receipt of the complete application and fee for a license to conduct bingo games, the City Manager shall refer the application to the Chief of Police for an investigation and report and shall otherwise make, or cause to be made, the investigation as will enable the City Manager to determine whether the applicant qualifies for a license under the provisions of this chapter.

2. The City Manager may require such additional information from the applicant as the City Manager deems relevant to the consideration of the application.

(1973 Code, § 5-16.09) (Ord. 707, eff. 6-22-1977)

Upon being satisfied that the applicant is fully qualified under law to conduct bingo games, the City Manager shall issue a license to the applicant to conduct bingo games, which license shall contain the following information:

1. The name and nature of the organization. to which the license is issued;

2. The address where bingo games are authorized to be conducted;

3. The occupancy capacity of the room in which bingo games are to be conducted;

4. The date of expiration of the license; and

5. Such other conditions as may be necessary or desirable for the enforcement of the provisions of this chapter.

(1973 Code, § 5-16.10) (Ord. 707, eff. 6-22-1977)

1. If the City Manager determines that the applicant does not qualify under this chapter or other city or state laws for the issuance of a license to conduct bingo games, he or she shall deny the license application.

2. The City Manager shall not issue a license unless it appears:

   1. All of the statements made in the application are true;

   2. No person whose name is required to be contained in the license application and no other manager of the applicant has been convicted of any felony, misdemeanor involving moral turpitude or any provision of this chapter;

   3. The applicant has not engaged in any fraudulent transaction or enterprise which the City Manager deems relevant to the application;

   4. The bingo games will not be a fraud on the public;

   5. The bingo games will not be conducted for private profit;

   6. The proposed methods of conducting the bingo games will not be contrary to the provisions of this chapter;

   7. The applicant is maintaining an adequate system of record keeping and accounting which will be available to the City Manager or his or her designee for inspection; and

   8. The conduct of bingo games on the premises will be compatible with the existing zoning and land uses in the neighborhood.

(1973 Code, § 5-16.11) (Ord. 707, eff. 6-22-1977)

A copy of the license to conduct bingo games shall be conspicuously posted at the location of the bingo games. (1973 Code, § 5-16.12) (Ord. 707, eff. 6-22-1977)

1. Any license issued pursuant to the provisions of this chapter may be suspended or revoked by the City Manager if he or she determines that the activity authorized by the license has been or is being conducted, maintained or carried out in a manner contrary to, or in violation of, any law of the state, city or federal government or any provision of this chapter. The City Manager may also suspend or revoke the license upon any grounds which would justify a denial of a license.

2. No license shall be revoked or suspended until a hearing has been held by the City Manager or his or her designated representative. Written notice of the time and place of the hearing shall be served upon the organization to which the license was granted at least 5 days prior to the date set for the hearing. The notice shall contain a brief statement of the grounds to be relied upon for revoking or suspending the

license. Notice may be given either by personal delivery or by depositing the notice in the United States mail in a sealed envelope, postage prepaid, addressed to the organization to be notified at its address as it appears in its application for the license.

(1973 Code, § 5-16.13) (Ord. 707, eff. 6-22-1977)

114.26 Appeals From Denial, Suspension Or Revocation; Judicial Review

1. Any licensee or applicant aggrieved by the decision of the City Manager in denying, suspending or revoking a license to conduct bingo games, within 10 days after the decision is delivered or sent to the licensee in writing, may appeal to the Council by filing a written notice of appeal with the LicensingRevenue Officer. During the pendency of an appeal of a suspension or revocation, the license shall remain in effect.

2. 1. If the appeal is not taken within 10 days, the decision of the City Manager shall be final.

   2. If a timely appeal is filed, the Council shall thereupon hold a hearing on the appeal and render its decision within 30 days.

   3. The decision may approve, conditionally approve, deny, suspend or revoke the permit, if the Council finds any of the grounds specified in § 114.23. The decision of the Council shall be final forthwith.

3. Judicial review may he had by filing a petition for a writ of mandate in accordance with the provisions of the Code of Civil Procedure of the state. Any such petition shall he filed within 30 days after the day the decision of the Council becomes final.

(1973 Code, § 5-16.14) (Ord. 707, eff. 6-22-1977; Am. Ord. 93-3, eff. 4-7-1993)

114.27 Effect Of Denial Or Revocation Of Licenses

When the City Manager has denied or revoked any license as provided for in this chapter and the time for an appeal to the Council has elapsed, or if, after an appeal to the Council, the decision of the City Manager has been affirmed by the Council, no application for the same type of license at the same location shall be accepted from the applicant or licensee, and no such license shall be issued to the organization for a period of 1 year after the action by the City Manager denying or revoking the license.

(1973 Code, § 5-16.15) (Ord. 707, eff. 6-22-1977)

114.28 Transferability Of Licenses; Return Upon Expiration

Any license issued pursuant to the provisions of this chapter shall be non-transferable and shall be returned to the City Manager within 7 days after its expiration.

(1973 Code, § 5-16.16) (Ord. 707, eff. 6-22-1977)

114 Operating Requirements (Sections 114.40-114.99)

114.40 Profits To Be Kept In Separate Funds Or Accounts

114.41 Maximum Prizes

114.42 Financial Interests In Licensees Only

114.43 Exclusive Operation By Licensees 114.44 Bingo Games Open To The Public 114.45 Attendance Limited To Occupancy Capacity

114.46 Bingo Only To Property Of Licensees

114.47 Posting Of Rules 114.48 Minors Not To Participate 114.49 Intoxicated Persons Not To Participate 114.50 Hours Of Operation 114.51 Participants To Be Present 114.52 Pull-Tab Bingo Permitted 114.99 Penalty

All profits derived from a bingo game shall be kept in a special fund or account and shall not be commingled with any other fund or account. The licensee shall keep full and accurate records of the income and expenses received and disbursed in connection with its operation, conduct, promotion, supervision and any other phase of bingo games which are authorized by this chapter. The City Manager shall have the right to examine and audit the records at any reasonable time, and the licensee shall fully cooperate with the City Manager by making the records available.

(1973 Code, § 5-16.17) (Ord. 707, eff. 6-22-1977)

The total value of prizes awarded during the conduct of any bingo game shall not exceed $250 in cash or kind, or both, for each separate game which is held.

(1973 Code, § 5-16.18) (Ord. 707, eff. 6-22-1977)

No individual, corporation, partnership or other entity, except the licensee, shall hold a financial interest in the conduct of any bingo game.

(1973 Code, § 5-16.19) (Ord. 707, eff. 6-22-1977)

Bingo games shall be operated and staffed only by members of the license holding organization. The members shall not receive a profit, wage or salary from any bingo game. Only the licensee shall operate the game or participate in the promotion, supervision, or any other phase of the game.

(1973 Code, § 5-16.20) (Ord. 707, eff. 6-22-1977)

All bingo games shall be open to the public, not just to the members of the license holding organization.

(1973 Code, § 5-16.21) (Ord. 707, eff. 6-22-1977)

Notwithstanding that bingo games are open to the public, attendance at any bingo game shall be limited to the occupancy capacity of the room in which the game is conducted as determined by the Fire Department in accordance with applicable laws and regulations. The licensee shall not reserve seats or space for any person.

(1973 Code, § 5-16.22) (Ord. 707, eff. 6-22-1977)

114.46 Bingo Only To Property Of Licensees

1. The organization which holds a bingo license shall conduct a bingo game only on property owned or leased by it and which property is used. by the organization for an office or for the performance of the purposes for which the organization is organized. The license issued under this chapter shall authorize the holder thereof to conduct bingo games only on the property, the address of which is stated in the application.

2. In the event the described property ceases to be used as an office by the licensee or as a place for the performance of the purposes for which the licensee is organized, the license shall have no further force or effect. A new license may be obtained by an eligible organization, upon an application submitted pursuant to the provisions of this chapter, when the organization again owns or leases property used by it for an office or for the performance of the purposes for which the organization is organized.

(1973 Code, § 5-16.23) (Ord. 707, eff. 6-22-1977)

The rules for the bingo games conducted by the licensee shall be posted by the licensee in a conspicuous place at the location of the bingo games.

(1973 Code, § 5-16.24) (Ord. 707, eff. 6-22-1977)

No person under the age of 18 years shall be allowed to participate in any bingo game.

(1973 Code, § 5-16.25) (Ord. 707, eff. 6-22-1977)

No person who is obviously intoxicated shall be allowed to participate in a bingo game.

(1973 Code, § 5-16.26) (Ord. 707, eff. 6-22-1977)

1. Except as otherwise provided in the bingo license, no bingo game shall be conducted between the hours of 2:00 a.m. and 10:00 a.m. of any day, unless permission therefor is received from the City Manager.

2. A licensee shall not conduct bingo games on more than a total of 2 days in any calendar week. For the purposes of this division, a week shall be deemed to commence on Monday at 10:00 a.m. and end on the next following Monday at 2:00 a.m., and a day shall mean the 16-hour period commencing at 10:00 a.m. of any day and ending at 2:00 a.m. of the next following day.

3. There shall he no deviation from the requirements of this section unless written permission therefor is received in advance from the City Manager.

(1973 Code, § 5-16.27) (Ord. 707, eff. 6-22-1977)

No person shall be allowed to participate in a bingo game unless the person is physically present at the time and place in which the bingo game is being conducted.

(1973 Code, § 5-16.28) (Ord. 707, eff. 6-22-1977)

114.52 Pull-Tab Bingo Permitted

1. Notwithstanding any other provision of this chapter to the contrary, the game of bingo shall include cards having numbers or symbols which are concealed and preprinted in a manner providing for the distribution of prizes.

2. Pull-tab bingo shall be permitted only under the following conditions:

   1. The name and address of the manufacturer of pull-tab games to be played by the licensed organization shall be submitted to the office of the Chief of Police for approval.

   2. A sample of each type of preprinted pull-tab card shall be submitted to the Chief of Police for approval.

   3. All authorized pull tabs shall bear the legend "For sale or use only in a Bingo Game authorized under California law and pursuant to local ordinance."

   4. The licensed organization shall maintain records of the purchases and sales of pull tabs in a manner prescribed by the Police Department.

   5. All pull-tab cards, used or unused, shall be subject to inspection.

   6. Each prize shall be paid in the same manner as bingo prizes.

   7. No pull tab shall be sold or played outside of the bingo playing area.

   8. Pull tabs may be sold only during each authorized bingo came of play.

   9. No pull tab shall be sold from any type of mechanical or electronic device.

   10. The winning or losing cards shall not be known prior to the game by any person participating in the playing or operation of the bingo game.

(1973 Code, § 5-16.31) (Ord. 811, eff. 8-21-1985)

1. 1. It shall be a misdemeanor under Cal. Penal Code § 326.5(b) for any person to receive a profit, wage or salary from any bingo game authorized under this chapter, a violation of which shall be punishable by a fine not to exceed $10,000, which fine shall be deposited in the General Fund of the city.

   2. Except as provided in division (A)(1) above, a violation of any provision of this chapter shall be an infraction and shall be punishable by:

      1. A fine not exceeding $50 for a first violation;

      2. A fine not exceeding $100 for a second violation within 1 year; and

      3. A fine not exceeding $250 for each additional violation within 1 year.

(1973 Code, § 5-16.29) (Ord. 707, eff. 6-22-1977)

2. The city may bring an action in a court of competent jurisdiction to enjoin a violation of Cal. Penal Code § 326.5 or any provision of this chapter.

(1973 Code, § 5-16.30) (Ord. 707, eff. 6-22-1977)

115 WIRELESS TELECOMMUNICATIONS FACILITIES

115.01 Purpose And Intent

115.02 Definitions

115.03 Applicability And Permit Requirement

115.04 Standards For All Personal Wireless Telecommunication Facilities

115.05 Standards For Personal Wireless Telecommunication Facilities Not Located Within A Public Right-OfWay

115.06 Standards For Personal Wireless Telecommunication Facilities Located Within Public Rights-Of-Way 115.07 Wireless Facility Minor Modification Permit

115.08 Requirements For Small Wireless Facilities Permits

115.09 Appeals

115.10 Maintenance

115.11 Ownership Transfers

115.12 Revocation Of A Wireless Facilities Permit

115.13 Violations 115.14 Severability

1. The City of Auburn intends for this chapter to establish reasonable, uniform and comprehensive standards and procedures for the deployment, construction, installation, collocation, modification, operation, relocation and removal of wireless telecommunication facilities within the city's territorial boundaries, consistent with and to the extent permitted under Federal and California law. The city recognizes that the unrestricted installation of redundant personal wireless telecommunication facilities is contrary to the city's efforts to stabilize economic and social aspects of neighborhood environments, and to promote the health, safety and welfare of the city.

2. In enacting this section, the city intends to:

   1. Promote and protect the health, safety, comfort, convenience and general welfare of residents and business;

   2. Protect the benefits derived by the city, its residents and the general public from access to personal wireless services while minimizing, to the greatest extent feasible, the redundancy of personal wireless telecommunication facilities in the city;

   3. Balance these goals, by permitting the installation and operation of wireless telecommunication facilities where they are needed, while reducing, to the greatest extent feasible, adverse economic, safety and/or aesthetic impacts on nearby properties and the community as a whole;

   4. This chapter shall be interpreted and applied so as to be consistent with the Telecommunications Act of 1996, § 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, applicable state laws, and administrative and court decisions and determinations relating to same; and

   5. This chapter is intended to regulate all uses of wireless communications in the city, including uses by public utilities, to the extent of the city's power to regulate the use of land under Federal and state law, but not to exceed the scope of the city's authority.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

ACCESSORY EQUIPMENT . Any equipment installed, mounted, operated or maintained in close proximity to a personal wireless telecommunication facility to provide power to the personal wireless telecommunication facility or to receive, transmit or store signals or information received by or sent from a personal wireless telecommunication facility.

THE ACT . The Federal Telecommunications Act, January 31, 1996.

ANTENNA . An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be operated or operating from a fixed location pursuant to Commission authorization, for the provision of personal wireless service and any commingled information services.

ANTENNA EQUIPMENT . Equipment, switches, wiring, cabling, power sources, shelters or cabinets associated with an antenna, located at the same fixed location as the antenna, and, when collocated on a structure, is mounted or installed at the same time as such antenna.

APPLICABLE LAW . All applicable Federal, state and local law, ordinances, codes, rules, regulations and orders, as the same may be amended from time to time.

APPLICANT . Includes any person or entity submitting an application to install a personal wireless telecommunication facility under this chapter.

BASE STATION . The equipment and non-tower supporting structure at a fixed location that enables Federal Communications Commission licensed or authorized wireless telecommunications between user equipment and a communications network.

CITY . The City of Auburn.

COLLOCATION . The mounting or installation of additional wireless transmission equipment at an existing wireless facility; and/or modification of a structure for the purpose of mounting or installing an antenna facility on that structure.

COUNCIL . The City Council of the City of Auburn.

DIRECTOR . The City of Auburn Planning Director or designee.

FCC . The Federal Communications Commission or any successor to that agency.

IN-KIND CALL TESTING . Testing designed to measure the gap in coverage asserted by an applicant. If a claimed gap is for in-building coverage, then in-building call testing must be performed to establish the existence or absence of such a gap unless the applicant provides a sworn affidavit demonstrating good faith but unsuccessful attempts to secure access to buildings to conduct such testing and the circumstances that prevented the applicant from conducting such testing. Claimed gaps in service for "in-vehicle" or "open-air" service may be demonstrated by call testing performed in vehicles or in the open.

LEAST INTRUSIVE MEANS . The location or design of a personal wireless telecommunication facility addresses a significant gap in an applicant's personal communication service while doing the least disservice to the policy objectives of this chapter. Analysis of whether a proposal constitutes the LEAST INTRUSIVE MEANS shall include consideration of means to close an asserted significant gap by co-locating a new personal wireless telecommunication facility on the site, pole, tower, or other structure of an existing personal wireless telecommunication facility.

MONOPOLE . A structure composed of a single spire, pole, or tower used to support antennas or related equipment. A monopole also includes a monopine, monopalm, and similar monopoles camouflaged to resemble faux objects attached on a monopole.

MPE . Maximum permissible exposure.

OPEN SPACE .

1. Land which is zoned Open Space and Conservation District (OSC);

2. Land in residential zones upon which structures may not be developed by virtue of a restriction on title;

3. All common areas, public and private parks, slope easements, recreational areas and open portions of recreational facilities; and

4. Any other area owned by a homeowners association or similar entity.

PERSONAL COMMUNICATION SERVICE . Commercial mobile services provided under a license issued by the FCC.

PERSONAL WIRELESS TELECOMMUNICATION FACILITY, WIRELESS

TELECOMMUNICATION FACILITY , or WIRELESS FACILITY . A structure, antenna, pole, tower,

equipment, accessory equipment and related improvements used, or designed to be used, to provide wireless transmission of voice, data, images or other information, including, but not limited to, cellular phone service, personal communication service and paging service.

RF . Radio frequency.

SHOT CLOCK . The timeframe within which the city shall act on a wireless application, as defined by the FCC and as may be amended from time to time.

SIGNIFICANT GAP . As applied to an applicant's personal communication service or the coverage of its personal wireless telecommunication facilities, significant gap is intended to be defined in this chapter consistently with the use of that term in the Telecommunications Act of 1996 and case law construing that statute. Provided that neither the Act nor case law construing it requires otherwise, the following guidelines shall be used to identify such a significant gap:

1. A significant gap may be demonstrated by in-kind call testing.

2. The city shall accept evidence of call testing by the applicant and any other interested person and shall not give greater weight to such evidence based on the identity of the person who provides it but shall consider:

   1. The number of calls conducted in the call test;

   2. Whether the calls were taken on multiple days, at various times, and under differing weather and vehicular traffic conditions; and

   3. Whether calls could be successfully initiated, received and maintained in the area within which a significant gap is claimed.

3. A significant gap may be measured by:

   1. The number of people affected by the asserted gap in service;

   2. Whether a wireless communication facility is needed to merely improve weak signals or to fill a complete void in coverage; or

   3. Whether the asserted gap affects a state highway or an arterial street which carries significant amounts of traffic.

SMALL WIRELESS FACILITY . A small wireless facility as defined by the FCC and that meets the following requirements:

1. The small wireless facilities:

   1. Are mounted on structures 50 feet or less in height including their antennas;

   2. Are mounted on structures no more than 10% taller than other adjacent structures; or

   3. Do not extend existing structures on which they are located to a height of more than 50 feet or by more than 10%, whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment, is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any pre-existing associated equipment, is no more than 28 cubic feet in volume;

4. The facilities do not require antenna structure registration under part 47 C.F.R. §§ 17.1 et seq.;

5. The facilities are not located on Tribal lands; and

6. The facilities do not result in human exposure to radio frequency radiation in excess of the applicable safety standards specified in § 1.1307(b).

STEALTH FACILITY or CAMOUFLAGED FACILITY . Any personal wireless telecommunication facility which is designed to substantially blend into the surrounding environment by, among other things, architecturally integrating into or on a structure or otherwise using design elements to conceal antennas, antenna supports, poles, equipment, cabinets, faux trees, equipment housing and enclosure; and related above-ground accessory equipment painted or wrapped.

TRANSMISSION EQUIPMENT or WIRELESS TRANSMISSION EQUIPMENT . Any equipment that facilitates transmission for any Federal Communications Commission licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas and other equipment associated with and necessary to their operation, including coaxial or fiber-optic cable, and regular and backup power supplies.

WIRELESS . Any Federal Communications Commission licensed or authorized wireless telecommunications service.

WIRELESS TOWER or TELECOMMUNICATIONS TOWER . Any structure, including a freestanding mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure, designed and constructed for the primary purpose of supporting any Federal Communications Commission licensed or authorized wireless telecommunications facility antennas and their associated facilities.

HISTORY

Adopted by Ord. 19-02 on 3/25/2019 Amended by Ord. 25-05 on 10/27/2025

It shall be unlawful for any person, without first having obtained a permit from the Chief of Police, to sell, display for sale, trade, vend or peddle any personal property on the streets or sidewalks of the city.

(1973 Code, § 5-10.01) (Ord. 706, eff. 6-22-1977) Penalty, see § 10.99

It shall be unlawful for any person, without first having obtained a permit from the Chief of Police, to go upon any residential real property, or to enter into any private residence, within the city for the purpose of either:

1. Soliciting food, clothing, charitable assistance, financial aid, alms, money or any personal property from any person unless the person is an authorized member or representative of an association or society for benevolent, charitable or religious purposes; or

2. Selling, trading, soliciting, vending or peddling any article, merchandise or other personal property without having been requested or invited to do so by the owners or occupants of the residential real property.

(1973 Code, § 5-10.02) (Ord. 706, eff. 6-22-1977) Penalty, see § 10.99

The permits required by the provisions of this chapter shall be issued only if, after investigation, the Chief of Police finds that the applicant is of sound moral character, is financially responsible, and that the proposed activity will not unreasonably interfere with vehicular or pedestrian traffic control or the reasonable enjoyment of the residential use of real property of the citizens of the city.

(1973 Code, § 5-10.03) (Ord. 706, eff. 6-22-1977)

1. The permits required by the provisions of this chapter shall be for the duration, not to exceed one year, and upon the terms as the Chief of Police shall determine necessary so as not to unreasonably interfere with vehicular or pedestrian traffic control.

2. Any applicant denied a permit, or dissatisfied with any of the conditions thereof, may appeal the denial or objectionable condition to the Council for a public hearing and final determination thereof.

(1973 Code, § 5-10.04) (Ord. 706, eff. 6-22-1977)

A condition of the issuance of the permits required by the provisions of this chapter shall be the charging of a permit fee reasonably related to the cost of the investigation and administrative processing of the application for the permit, which fee shall be fixed or changed by the Council by resolution.

(1973 Code, § 5-10.05) (Ord. 706, eff. 6-22-1977)

117 AUCTION SALES; AUCTIONEERS

117 General Provisions (Sections 117.01-117.03) 117 License Requirements (Sections 117.15-117.18) 117 Auctions; Operating Requirements (Sections 117.30-117.35) 117 Auctioneers; Operating Requirements (Sections 117.50-117.99)

Cross-reference:

Display of Harmful Material to Minors, see §§ 130.001

Peddlers, Solicitors and Vendors, see Chapter 116

117 General Provisions (Sections 117.01-117.03) 117.01 Definitions 117.02 Contests 117.03 Exemptions

117.01 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUCTION .

1. The offering for sale or selling of personal property to the highest bidder, or the offering for sale or selling of personal property by the method known as downhill selling, as defined herein.

2. AUCTION shall not include any person making any sale or any sale made by virtue or pursuant to the provisions of any law of the United States or of the state, or pursuant to the provisions of any order made by any court of the United States or the state, or by virtue of any mortgage, deed of trust, or other lien.

AUCTIONEER .

1. A person who offers for sale at an auction sale any personal or real property.

2. AUCTIONEER shall not include any person making any sale or any sale made by virtue or pursuant to the provisions of any law of the United States or of the state, or pursuant to the provisions of any order made by any court of the United States or the state, or by virtue of any mortgage, deed of trust or other lien.

DOWNHILL SELLING . The first offering of an article at a higher price and then offering the article at successive lower prices until a bidder is secured.

JEWELRY . Diamonds and other precious and semiprecious stones, pearls, cultured pearls, synthetic stones and any imitations of any of such articles, articles for personal wear and adornment of any character whatsoever commonly and commercially known as jewelry, watches, clocks, silverware, goldware, precious metal ware of the platinum group and wares plated with any of the precious metals.

(1973 Code, § 5-3.01) (Ord. 414, eff. - -)

In any advertised contest in which merchandise is an award, a winner shall be entitled to receive his or her reward without further obligation to the offeror or any other person, except to the extent that all advertisements of the contest shall specifically state.

(1973 Code, § 5-3.14) (Ord. 414, eff. - -)

The provisions of this chapter shall have no application to any auction or sale conducted by any charity, church, lodge or other association or corporation not organized for profit.

(1973 Code, § 5-3.15) (Ord. 414, eff. - -)

117 License Requirements (Sections 117.15-117.18)

117.15 License Required

117.16 Auctions; Applications; Form

117.17 Auctioneers; Licenses Required; Granting; Fees; Bonds

117.18 Auctions And Auctioneers; Licenses; Revocation

117.15 License Required

No person shall conduct any auction in the city without having first obtained a license as provided in this chapter.

(1973 Code, § 5-3.02) (Ord. 414, eff. - -)

117.16 Auctions; Applications; Form

Applications for licenses to conduct auctions shall be made to the Police Chief and shall set forth the following:

1. The name of the person who shall conduct the auction;

2. The place where the auction is to be conducted;

3. A general description of the goods which are proposed to be sold at the auction; and

4. The names of 2 residents of the city who may be referred to concerning the moral character of the applicant.

(1973 Code, § 5-3.03) (Ord. 414, eff. - -)

117.17 Auctioneers; Licenses Required; Granting; Fees; Bonds

1. A license to act as an auctioneer pursuant to the provisions of this chapter shall be granted by the Police Chief upon compliance with the provisions of § 117.16 and the following conditions:

   1. In addition to the taxes set forth herein, the payment of a fee of $35 which shall entitle the licensee to do business as an auctioneer for 1 year, unless the license shall be revoked pursuant to the provisions of § 117.18; and

   2. The deposit with the City Manager of a penal bond in the amount of $1,000, with sureties to be approved by the City Manager, conditioned that upon the failure to comply with any of the conditions or provisions of this chapter, the auctioneer or his or her sureties will pay any fine which may be imposed upon him or her for the violation, and further conditioned that the auctioneer or his or her sureties will pay to any person aggrieved by any act of the auctioneer in violation of any of the provisions of this chapter any amount which a court of competent jurisdiction may determine the person is entitled to because of such violation.

2. The provisions of this section shall not apply to any license in force on January 5, 1955, authorizing the holder to do business as an auctioneer, but, upon the termination of the license, the future conduct of the auctioneer shall be governed by the provisions of this section.

(1973 Code, § 5-3.04) (Ord. 414, eff. - -)

117.18 Auctions And Auctioneers; Licenses; Revocation

1. Upon violation of any of the provisions of this chapter, the Council may, after a hearing, revoke any license granted pursuant to the provisions of this chapter. A conviction pursuant to the provisions of § 117.99 shall automatically revoke the license of the person convicted.

2. No person whose license has been revoked during the 6 months next preceding the date of the filing of an application for a new license shall be granted a license, except with the consent of the Council.

(1973 Code, § 5-3.05) (Ord. 414, eff. - -)

117 Auctions; Operating Requirements (Sections 117.30-117.35)

117.30 Inventories 117.31 Misrepresentation Of Quality Goods 117.32 Substitution Of Goods 117.33 False Representation 117.34 Auctions To Be Held On Successive Business Days 117.35 Jewelry Auctions

1. Any auctioneer who shall sell or offer for sale at public auction in the city any stock or merchandise which the auctioneer, in any manner or by any means, represents as being a whole or part of goods belonging or kept in the business of another shall, before offering the goods for sale at public auction, file with the Police Chief 10 days before the opening of any auction a verified detailed inventory of this stock of merchandise.

2. The verification shall state that the inventory as filed is, in all respects, true and that no goods not thus inventoried will be sold. No goods other than the goods listed in the inventory may be sold at the auction.

3. The inventory shall be kept by the Police Chief as a part of his records and shall be open for inspection to the public.

(1973 Code, § 5-3.06) (Ord. 414, eff. - -)

117.31 Misrepresentation Of Quality Goods

No auctioneer of personal property shall knowingly or negligently misrepresent the quality of any article offered for sale at any auction. Violations of the provisions of this section may be punishable as provided in § 117.99.

(1973 Code, § 5-3.07) (Ord. 414, eff. - -) Penalty, see § 117.99

No auctioneer of personal property who shall offer for sale at public auction any article shall thereafter substitute any article in lieu of that offered after the same has been purchased.

(1973 Code, § 5-3.08) (Ord. 414, eff. - -) Penalty, see § 10.99

1. No auctioneer of personal property, with the intent to induce a person to purchase such personal property, shall make any false representation or statement as to the ownership, character or quality of the property.

2. No auctioneer shall falsely represent or pretend that any goods, wares or merchandise which is offered for sale at an auction is in whole or part a bankrupt, insolvent or damaged stock of goods, or goods saved from fire, or goods of any character or history other than the true character and history of the goods.

(1973 Code, § 5-3.09) (Ord. 414, eff. - -) Penalty, see § 117.99

117.34 Auctions To Be Held On Successive Business Days

All auctions provided for in this chapter shall be held on successive business days when once commenced and shall not continue for more than 30 days from the commencement of the auction.

(1973 Code, § 5-3.10) (Ord. 414, eff. - -)

1. No auction of jewelry shall be held unless the person offering the stock for sale at public auction has been continuously in business in the city as a retail or wholesale merchant of jewelry for at least 1 year before the date on which the auction shall open, and only where the merchant is bona fide disposing of his or her stock for the purpose of retiring from business.

2. The provisions of this section shall not apply to judicial sales or sales by executors or administrators, nor to sales by or on behalf of a licensed pawnbroker or unredeemed pledges in the manner provided by law; provided, however, if a person is engaged in a combined jewelry and pawnbroker business, that portion of the business which is a jewelry business, as distinguished from the business of the pawnbroker, shall be subject to the provisions of this chapter.

(1973 Code, § 5-3.11) (Ord. 414, eff. - -)

117 Auctioneers; Operating Requirements (Sections 117.50-117.99)

117.50 Records

117.51 Grievances 117.99 Penalty

1. Every auctioneer shall keep a record book in which shall be entered each sale, the amount paid and the date of each sale.

2. The book shall be open at all times for inspection by any member of the Police Department.

(1973 Code, § 5-3.12) (Ord. 414, eff. - -)

117.51 Grievances

Any person aggrieved or damaged by any act of an auctioneer in the city in violation of, or contrary to, the provisions of this chapter shall have an action against the auctioneer and/or his or her bondsperson upon his or her official bond therefor.

(1973 Code, § 5-3.13) (Ord. 414, eff. - -)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine not less than $50, and not exceeding $300. This penalty shall be in addition to any other penalty provided in this chapter.

(1973 Code, § 5-3.16) (Ord. 414, eff. - -)

118 PRIVATE PATROL OFFICERS

118.01 Definitions

118.02 Responsibility

118.03 Licenses; Registration 118.04 Uniforms, Insignia And Vehicles 118.05 Imitation Firearms 118.06 Reports Of Use Of Firearms

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

OPERATOR . A private patrol operator licensed as provided by law to conduct a private patrol business.

PRIVATE PATROL . Any business or service whereby the operator of the business or service, for any consideration whatsoever, agrees to furnish, or furnishes, a watchperson, guard, patrolperson or other person to protect persons or property or to prevent the theft, unlawful taking, loss, embezzlement, misappropriation or concealment of any goods, wares, merchandise, money, bonds, stocks, notes, documents, papers or property of any kind.

PRIVATE PATROL OFFICER . Any employee of a private patrol operator performing security guard functions.

(1973 Code, § 4-9.01) (Ord. 721, eff. 4-13-1978)

The operator of a private patrol business, at all times, shall be legally responsible for the good conduct in the business of each of his or her employees or agents and for their compliance with the provisions of this chapter.

(1973 Code, § 4-9.02) (Ord. 721, eff. 4-13-1978)

118.03 Licenses; Registration

1. It shall be unlawful for any person to perform any duty, act or service as a private patrol officer within the city unless the person has, in his or her possession, a valid license issued by the state as provided by law.

2. It shall be unlawful for the operator of any private patrol business, or for any person responsible for the management or operation of the business, to allow any employee to perform any duty, act or service as a private patrol officer within the city unless the employee has qualified for and holds a valid license issued by the state as provided by law.

3. Any person obtaining any valid license to act in the capacity of a private patrol officer shall register the license with the Chief of Police prior to engaging in any private patrol officer service or business within the city.

(1973 Code, § 4-9.03) (Ord. 721, eff. 4-13-1978; Am. Ord. 775, eff. 10-13-1982) Penalty, see § 10.99

No person, in connection with the operation of a private patrol business, shall use any sign, badge, insignia, uniform, vehicle, title or designation, or make any express or implied representation, calculated to induce the belief that he or she is a member of, or in any way connected with, the Police Department or any other regular law enforcement agency of any other government or governmental agency. Any badge, insignia, uniform or

vehicle shall be clearly distinguishable from those used by regular law enforcement officers and shall be approved by the Chief of Police prior to any use in connection with the operation of the private patrol business.

(1973 Code, § 4-9.06) (Ord. 721, eff. 4-13-1978)

It shall be unlawful for any person, while acting within the course and scope of his or her employment as a private patrol officer, to carry on his or her person any imitation or replica of a firearm or any device intended to convey the impression that he or she is carrying a firearm. It shall also be unlawful for any such person in the course and scope of the employment to carry any aerosol spray device, except as provided by law.

(1973 Code, § 4-9.07) (Ord. 721, eff. 4-13-1978) Penalty, see § 10.99

Any person who at any time draws a firearm or discharges a firearm within the course and scope of his or her employment as a private patrol officer shall file a report in writing with the Chief of Police of the occurrence within 24 hours thereafter.

(1973 Code, § 4-9.08) (Ord. 721, eff. 4-13-1978)

119 AMBULANCES 119.01 Purposes 119.02 Definitions 119.03 Certificates Of Public Convenience And Necessity 119.04 Business License Taxes 119.05 Operating Regulations 119.06 Renewal Of Licenses 119.07 Public Liability 119.08 Records Of Calls

It is the intent of the Council in adopting this chapter to follow the provisions set forth in Chapter 26 of the Placer County Code which addresses ambulance services and medical transportation.

(1973 Code, § 4-8.01) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.02 Definitions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AMBULANCE . Any vehicle specially constructed, modified, equipped and used for the purpose of urgent transportation of sick, injured, convalescent, infirm or otherwise incapacitated persons who may require immediate measures to prevent loss of life or worsening of a traumatic injury or illness or have sudden need of medical attention.

ATTENDANT . An employee of the certificate holder assigned to assist the operator in the transportation and caring of wounded, injured or sick.

APPLICANT . Any person, organization or service provider who applies for a permit under this chapter.

BOARD . The governing Board of the Local E.M.S. Agency.

CITY . The City of Auburn, a municipal corporation of the State of California.

CITY MANAGER . The City Manager of the city.

EMERGENCY MEDICAL CARE COMMITTEE (E.M.C.C.) . The Placer County Committee established pursuant to Cal. Health and Safety Code § 1797.270.

LOCAL E.M.S. AGENCY .

1. The agency, department or office having primary responsibility for administration of emergency medical services in a county or region and which is designated pursuant to Cal. Health and Safety Code Chapter 4, commencing with § 1797.200.

2. At the time of the writing of the ordinance codified in this chapter, Placer County participates in a Joint Powers Agency (Sierra- Sacramento Valley EMS Agency) with four other counties, pursuant to the provisions of Cal. Gov't Code Chapter 5, commencing with § 6500, Division 7, Title 1.

OPERATION WITHIN THE CITY . The receiving, picking up or embarking within the city of a sick or injured person for transportation or conveyance to any point within or without the city, except:

1. The transportation from hospitals, licensed nursing homes and certified extended care facilities located in the city to points outside the city; and

2. Receiving, picking up or embarking within the city of a sick or injured person during any disaster or during any emergency declared by any person designated by the City Manager to so declare.

OPERATOR . The driver of an ambulance.

PERMIT . The document authorized/issued by the local E.M.S. Agency on behalf of the Board which issues a permit for a service to provide emergency care and/or medical transportation in the city.

STATE . The State of California.

(1973 Code, § 4-8.02) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.03 Certificates Of Public Convenience And Necessity

1. No person shall engage in the business of operating any ambulance within the city without first having obtained a permit from the Local E.M.S. Agency as specified in Chapter 26 of the Placer County Code, which addresses Ambulance Services and Medical Transportation.

2. All persons applying to the city for a license to operate any ambulance in the city shall file with the city's Licensing- Revenue Officer a sworn application form stating as follows:

   1. The name and address of the owner or person applying, if a partnership; if a corporation, the names of the directors and principal officers;

   2. The number of vehicles proposed to be operated;

   3. The name, type, year of manufacture, motor number and capacity of each vehicle;

   4. A description of the vehicle as to the color scheme, insignia, trade style and any other distinguishing characteristics;

   5. Any fact which the applicant believes tends to prove that the public convenience and necessity require the granting of a license;

   6. A statement of financial responsibility; and

   7. Such further information as the Council or the City Manager shall require.

3. On filing the application, the applicant shall pay to the Licensing-Revenue Officer the current approved fee for the license.

4. Whenever a permit holder replaces a vehicle for which a permit has been issued, he or she shall file with the Licensing-Revenue Officer the name, type, year of manufacture, serial number and motor number of the vehicle abandoned and the vehicle to be placed in use. The City Manager, as a matter of right, shall authorize the replacement of the vehicle under the existing permit. The permit holder shall comply with this section when adding more vehicles to his or her operation.

5. Any change of ownership of a licensed ambulance business shall terminate the license and shall require a new application and a new license in conformity with this chapter and applicable state laws as upon the original licensing.

(1973 Code, § 4-8.03) (Ord. 696, eff. 3-16-1977; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 95-4, eff. 6-21-1995)

Every holder of a license to operate any ambulance shall pay an annual business license tax to the city as provided herein.

(1973 Code, § 4-8.05) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

Every ambulance shall, at all times while providing ambulance service, display the city license and produce the license for inspection on the demand of any police officer, the patient or the person requesting service.

(1973 Code, § 4-8.09) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

The renewal of any license required by the provisions of this chapter, upon its expiration for any reason or after revocation, shall require conformance with all the requirements of this chapter as upon the original licensing.

(1973 Code, § 4-8.11) (Ord. 696, eff. 3-16-1977)

1. It shall be unlawful for any owner to operate an ambulance, or cause an ambulance to be driven or operated, and no permit for the operation shall be granted, unless there is on file with the LicensingRevenue Officer and in full force and effect at all times while the ambulance is being operated a policy of insurance, approved by the City Attorney, of a solvent and responsible insurance company authorized to do business in the state, insuring the owner of the ambulance against loss by reason of injuries or damages which may result to persons or property from the negligent operation or defective construction of the ambulance or from violations of this chapter or of any other law of the state or the United States.

2. The policy shall be in a sum of not less than $300,000 for personal injury to or the death of any person, any single accident or as a result of malpractice liability on account of services rendered in the operation of the ambulance service, and the limits on each such vehicle shall not be less than $100,000 for damages to or the destruction of property in any 1 accident.

3. 1. The insurance as is afforded in this policy shall apply to the following municipality and individuals as additional insured:

      1. The City of Auburn; and

      2. Officers and employees of the city while acting within the scope of their duties as such.

   2. The policy of insurance shall run to the city, shall inure by its terms to the benefit of any and all persons suffering injuries or damages to persons or property covered thereby, and shall provide that suits may be brought thereon in any court of competent jurisdiction by any such person. The policy shall contain an endorsement providing that the policy of insurance will not be canceled until notice in writing shall have been given to the city, addressed to the City Manager, City Hall, Auburn, California, 95603, at least 30 days prior to the time the cancellation shall become effective.

   3. The policy of insurance shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If, at any time, the policy of insurance shall be canceled by the company issuing the policy, or the authority of the company to do business in the state shall be revoked, the owner shall replace the policy with another policy, as set forth in this section, satisfactory to the City Attorney, and in default thereof the owner's certificate of convenience and necessity may be revoked.

(1973 Code, § 4-8.12) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

119.08 Records Of Calls

1. Every owner, operator, director or employee of an ambulance service shall maintain a record of every emergency call responded to by dispatching an ambulance. The records shall be kept current, shall be retained for a period of not less than 3 years, and shall be available at all reasonable times for review by an authorized representative of the Police Department for the purpose of enforcing the provisions of this chapter.

2. An annual summary report, setting forth the number, type, and nature of calls for service during the preceding year, shall be filed with the Licensing- Revenue Officer within 60 days after each calendar year.

(1973 Code, § 4-8.13) (Ord. 696, eff. 3-16-1977; Am. Ord. 95-4, eff. 6-21-1995)

120 VEHICLES FOR HIRE 120 General Provisions (Section 120.01) 120 License Requirements (Sections 120.15-120.20) 120 Operating Requirements (Sections 120.30-120.39)

120 General Provisions (Section 120.01)

120.01 Definition

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

TAXICAB . Every motor propelled vehicle used solely or mainly for the transportation of passengers for hire in the streets of the city, irrespective of whether the operation extends beyond the boundaries of the city.

(1973 Code, § 4-3.01) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120 License Requirements (Sections 120.15-120.20)

120.15 License Required

120.16 Applicant; Qualifications 120.17 Application; Information Required 120.18 Applicant; Misrepresentation 120.19 Applicant; Fingerprints And Photographs Required 120.20 Display Of Driver's License And Photograph

No person shall operate any taxicab unless he or she first obtains a license to do so from the Police Chief.

(1973 Code, § 4-3.02) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995) Penalty, see § 10.99

120.16 Applicant; Qualifications

Each applicant for a license to operate a taxicab shall possess the following qualifications:

1. Be 18 years of age or older;

2. Have good eyesight and be free from any debilitating illness or disease which would affect his or her ability to safely operate a taxicab, including freedom from addiction to the use of intoxicating liquors or narcotics;

3. Be able to speak the English language; and

4. Possess a valid California driver's license.

(1973 Code, § 4-3.03) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

1. Each applicant for a license to operate a taxicab shall provide the following information on a form supplied by the Police Chief:

   1. Full name;

   2. Current address;

   3. Age, height, color of hair and eyes;

   4. Place of birth;

   5. Places of previous employment for the 5 years preceding the date of application;

   6. Whether or not he or she has been convicted of any felony or a misdemeanor involving moral turpitude; and

   7. California driver's license number.

2. The application shall be signed by the applicant under penalty of perjury and filed with the Police Chief.

(1973 Code, § 4-3.04) (Ord. 513, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 95-15, eff. 12-27-1995)

120.18 Applicant; Misrepresentation

Any person knowingly or intentionally misrepresenting to any officer or employee of the city any material fact in applying for a taxicab license shall be guilty of a misdemeanor.

(1973 Code, § 4-3.05) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995) Penalty, see § 10.99

120.19 Applicant; Fingerprints And Photographs Required

Each applicant for a taxicab driver's license shall have his or her fingerprints taken and shall file 2 recent photographs of himself or herself of a size that may be easily attached to the taxicab license. One of the photographs shall be attached to the license when issued and shall be carried at all times when driving a taxicab within the city. The photograph shall be attached to the license so that it cannot be removed and another photograph substituted without detection. The other photograph shall be filed with the application.

(1973 Code, § 4-3.06) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.20 Display Of Driver's License And Photograph

Each taxicab driver shall, upon demand by any police officer or passenger, exhibit his or her taxicab driver's license and photograph for inspection.

(1973 Code, § 4-3.07) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120 Operating Requirements (Sections 120.30-120.39) 120.30 Annual Fee For Driver's License 120.31 Authority To Refuse To Issue And Suspend Or Revoke Driver's License 120.32 Trade Name To Be Marked On Taxicab 120.33 Maintenance And Inspection 120.34 Permission Required To Pick Up Additional Passengers 120.35 Availability 120.36 Right To Refuse Service 120.37 Liability Insurance 120.38 Taxicab Stands; Authority To Designate 120.39 Appeal

120.30 Annual Fee For Driver's License

1. There is a fixed fee of $25 per year for a taxicab driver's license, which sum shall be paid to the Finance Director. The Finance Director shall issue a receipt for the fee.

2. The receipt shall be exhibited to the Police Department as a condition to issuance of a taxicab driver's license or renewal.

(1973 Code, § 4-3.08) (Ord. 513, eff. - -; Am. Ord. 93-3, eff. 4-7-1993; Am. Ord. 95-15, eff. 12-27-1995)

120.31 Authority To Refuse To Issue And Suspend Or Revoke Driver's License

The Police Chief, in the exercise of sound and reasonable discretion, when the public safety and interest may require, may refuse to issue a taxicab driver's license, and may suspend or revoke any such license, upon:

1. The driver being convicted of a violation of Cal. Vehicle Code §§ 20001, 20002(a), 20002(b), 23103, 23152, 23153, 23220 or 23222, or upon any 2 or more convictions within one year for any moving violation of the Vehicle Code of the State of California while driving the vehicle for hire; or

2. The driver being convicted of offenses requiring registration under Cal. Penal Code § 290.

(1973 Code, § 4-3.09) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.32 Trade Name To Be Marked On Taxicab

Every taxicab shall be plainly labeled with painted letters of sufficient size to be readily discernable at a distance of 200 feet with a designation of the owner or trade name under which the owner is operating the taxicab.

(1973 Code, § 4-3.10) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.33 Maintenance And Inspection

1. Safety and sanitation required . All taxicabs, limousines and motor vehicles for hire shall be under the supervision and control of the Police Chief, and no owner or driver shall operate, or permit any such vehicle to be operated, in the city while any equipment used thereon shall be defective, unsafe or in an unsanitary condition.

2. Inspections . Every such vehicle shall, at all times, be subject to inspection by any police officer of the city.

3. Non-compliance; suspensions of licenses . The Police Chief shall suspend without previous notice any taxicab, limousine or motor vehicle for hire license granted pursuant to the provisions of this chapter whenever an owner or driver violates any of the provisions of this section.

4. Registration . All taxicabs, limousines or motor vehicles for hire shall be registered with the Police Chief.

5. Safety inspection . The Police Chief may require a safety inspection on any vehicle licensed under this chapter. Any vehicle which fails to pass a safety inspection shall not be used as a taxicab, limousine or motor vehicle for hire.

(1973 Code, § 4-3.11) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.34 Permission Required To Pick Up Additional Passengers

It is unlawful for a taxicab driver who has been hired by a passenger or group of passengers to pick up additional passengers without the express permission of the passenger or group of passengers who first hired the same.

(1973 Code, § 4-3.12) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995) Penalty, see § 10.99

120.35 Availability

Each person, company or corporation operating taxicabs in the city shall maintain a 24-hour availability. (1973 Code, § 4-3.13) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.36 Right To Refuse Service

Any operator of a vehicle under this chapter may refuse service to anyone who is belligerent or combative or in any way a threat to the safety of the operator.

(1973 Code, § 4-3.14) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.37 Liability Insurance

During the term of a permit issued pursuant to this chapter, the permittee or owner(s) of a taxicab authorized by the permit shall maintain in full force and effect, at no cost to the city, a comprehensive auto and general liability insurance policy.

1. In an amount no less than $1,000,000 single limit per occurrence;

2. Issued by an admitted insurer or insurers as defined by the California Insurance Code; and

3. Providing that the city, its officers, employees and agents are to be named as additional insureds under the policy.

(1973 Code, § 4-3.15) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

120.38 Taxicab Stands; Authority To Designate

1. The Police Chief is authorized to designate taxicab stands for the sole use and occupancy of such individuals or companies operating taxicabs in the city. The Police Chief, in designating spaces for use as taxicab stands, shall be guided by the parking requirements of all vehicle operators, and shall not unduly restrict the parking facilities in the city in designating the stands.

2. The Public Works Director shall place signs at the stands reading "Taxi Stand, No Parking." When the parking spaces are so signed, it is unlawful to park any vehicle, except a taxicab at the stands.

(1973 Code, § 4-3.16) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

1. In the event an applicant is denied a permit pursuant to this chapter, the applicant may appeal the denial to the City Council within 10 days of the denial.

2. A public hearing shall be held within 60 days of the filing of the appeal after proper notice of the hearing.

(1973 Code, § 4-3.17) (Ord. 513, eff. - -; Am. Ord. 95-15, eff. 12-27-1995)

121 AGGRESSIVE SOLICITATION

121.01 Definitions 121.02 Aggressive Solicitation Prohibited 121.03 All Solicitation Prohibited At Specified Locations 121.04 Non-Exclusivity 121.99 Penalty

Cross-reference: Peddlers, solicitors and vendors in general, see Ch. 116

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PUBLIC PLACE . A place to which a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, apartment house or hotel not constituting a room or apartment designed for residence.

SOLICIT, ASK OR BEG . Includes using the spoken, written, or printed word, or bodily gestures, signs or other means to request an immediate donation of money or other thing of value or to offer the sale of goods or services.

(Ord. 11-06, eff. 8-24-2011)

121.02 Aggressive Solicitation Prohibited

1. No person shall solicit, ask or beg in an aggressive manner in any public place.

2. AGGRESSIVE MANNER shall mean any of the following:

   1. Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to:

      1. Fear bodily harm to himself or herself or to another, or damage to or loss or property; or

      2. Otherwise be intimidated into giving money or other thing of value;

   2. Intentionally touching or causing physical contact with another person or an occupied vehicle without the consent of that person or an occupant or owner of that vehicle;

   3. Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

   4. Using violent or threatening gestures toward a person solicited;

   5. Persisting in closely following or approaching a person, after the person has informed the solicitor by words or conduct that he or she does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

   6. Using profane, offensive, or abusive language that is likely to provoke a violent reaction.

(Ord. 11-06, eff. 8-24-2011)

121.03 All Solicitation Prohibited At Specified Locations

1. Banks, check cashing businesses and ATMs .

1. Prohibition . No person shall solicit, ask or beg on public property within 15 feet of any entrance or exit of any bank or check cashing business during its business hours or within 15 feet of any automated teller machine when it is available for customer use. When an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. No person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that he or she does not have the permission to do so from the owner or other person lawfully in possession of such facility.

2. Definitions . For the purposes of this division (A), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AUTOMATED TELLER MACHINE or ATM . Any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

AUTOMATED TELLER MACHINE FACILITY . An area inside a structure in which one or more automated teller machines are located but excluding an area within any structure the primary purpose or function of which is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings.

BANK . Any member bank of the Federal Reserve System, and any bank, savings and loan association, credit union, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of California or the United States whether or not the deposits of such institutions are insured by the Federal Deposit Insurance Corporation.

CHECK CASHING BUSINESS . Any person licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with § 12000.

2. Motor vehicles . No person shall approach an operator or occupant of a motor vehicle traveling within a public right-of- way for the purpose of soliciting, asking or begging. A vehicle is "traveling" for this purpose even though stopped at an intersection or otherwise in compliance with traffic control laws and regulations but not if parked legally. This prohibition does not apply to solicitations related to emergency repairs requested by an operator or occupant of a vehicle.

3. Public transportation vehicles. No person may solicit, ask or beg in any publicly owned or operated vehicle, including a bus, designed, used or maintained for carrying 10 or more persons, including the driver.

4. Gas stations. No person shall solicit, ask or beg within 15 feet of a fueling pump, air, or water hose at a gas station. For purposes of this division (D), GAS STATION means a business that sells at retail gasoline or other vehicle fuel dispensed by a pump. (Ord. 11-06, eff. 8-24-2011; Am. Ord. 11-09, eff. 1- 11-2012)

Nothing in this chapter shall limit or preclude the enforcement of other applicable laws to conduct within the scope of this chapter.

(Ord. 11-06, eff. 8-24-2011)

An intentional violation of this section is punishable as a misdemeanor pursuant to Chapter 10 of this code.

(Ord. 11-06, eff. 8-24-2011)

122 TOBACCO RETAILER LICENSE

122.01 Definitions 122.02 Requirements For Tobacco Retailer License 122.03 Application Procedure 122.04 Issuance And Renewal Of License 122.05 Distance Requirements Applicable To Tobacco Retailers

122.06 Display Of License 122.07 License Nontransferable 122.08 License Violation 122.09 Suspension Of Revocation Of License 122.10 Appeals 122.11 Violations - Penalties

“Arm’s length transaction” means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for the primary purpose of avoiding the effect of the violations of this chapter that occurred at the location, is presumed not to be an “arm’s length transaction”.

“Characterizing flavor” means any distinguishable taste or aroma, or both, other than the taste or aroma of tobacco, imparted by a tobacco product or any byproduct produced by the tobacco product. Characterizing flavors include, but are not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice.

“Chief of Police” means the chief administrative officer of the Police Department appointed pursuant to section 32.110 of this code, or his or her designee.

“Flavored tobacco product” means any tobacco product that imparts a characterizing flavor, excluding cigarettes or chewing tobacco with a menthol, mint, or wintergreen characterizing flavor.

“Itinerant tobacco retailing” means engaging in tobacco retailing at other than a fixed location. “Licensee” means any proprietor holding a license issued by the City pursuant to this chapter. “Proprietor” means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10 percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person has, or can have, sole or shared control over the day-to-day operations of a business. “Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines and any other item designed or used for the smoking or ingestion of tobacco products. “Tobacco products” means: (A) A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff. (B) An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah. (C) Any component, part, or accessory of a tobacco product, whether or not sold separately. (D) “Tobacco product” does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose. “Tobacco retailer” means any person who sells, offers for sale, exchanges, or offers to exchange any form of consideration, tobacco, tobacco products or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged or offered for exchange. “Tobacco retailing” means selling, offering for sale, exchanging, or offering to exchange any form of consideration, tobacco, tobacco products, or tobacco paraphernalia without regard to the quantity sold, offered for sale, exchanged, or offered for exchange. “Tobacco retailing location” means the fixed, physical location where tobacco retailing occurs.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 Adopted by Ord. 19-10 on 11/25/2019 122.02 Requirements For Tobacco Retailer License

On and after January 1, 2020, it is unlawful for any person to act as a tobacco retailer without first obtaining a license for each tobacco retailing location and each such licensee and/or tobacco retailer shall comply with all provisions of this chapter. The City will only issue a license for tobacco retailing at a fixed location. No license will be issued for itinerant tobacco retailing or tobacco retailing from a vehicle.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 Amended by Ord. 19-10 on 11/25/2019 122.03 Application Procedure

An applicant, or an authorized agent, must submit an application for a tobacco retailer license to the Chief of police. Applicant must submit a separate application for each proposed tobacco retailing location. The Chief of Police may establish a form for registrations under this chapter and, if he or she does, use of that form shall be mandatory. Every application shall contain the following information:

(A) The name, address, telephone number, and signature of each proprietor;

(B) The business name, address, and telephone number of the fixed location for which a license is sought;

(C) Whether or not any proprietor has previously been issued a license pursuant to this chapter that is, or was at any time, suspended or revoked and, if so, the dates of the suspension period or the date of revocation; and

(D) Any other information requested by the Chief of Police.

An applicant shall pay a license fee for each license applied for under this chapter in an amount established by resolution of the City Council.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019

122.04 Issuance And Renewal Of License

(A) Upon receipt of a license application and the applicable license fee, the Chief of Police shall issue a license unless:

(1) The application is incomplete or inaccurate;

(2) The application seeks a license for a tobacco retailing location that appears on a license that is suspended or has been revoked; provided, however, this subparagraph shall not constitute a basis for denial of a license if either or both of the following apply:

(a) Applicant demonstrates that he or she has acquired or is acquiring the premises in an arm’s length transaction.

(b) It has been more than five years since the most recent license for that tobacco retailing location was revoked.

(3) The application seeks a tobacco retailing license that is unlawful under this code or any other local, state, or federal law; or

(4) The Chief of Police has good cause to believe that applicant or his or her agents or employees has violated any tobacco control law at the location for which the license or renewal of the license is sought within the preceding 60 day period.

(B) Notwithstanding subdivision (A), any business operating as a tobacco retailer on July 8, 2019, except for any such business for which a license has been revoked, shall not have a license application or license renewal application denied because:

(1) The application is for tobacco retailing at a location in violation of section 122.05 of this code; or

(2) The application is required under section 122.07 of this code because the business licensed to conduct tobacco retailing is sold, and the application is for tobacco retailing at a location in violation of section 122.05 of this code.

(C) For purposes of subdivision (B), it shall be the responsibility of the applicant to prove by clear and convincing evidence that the business operated as a tobacco retailer on July 8, 2019.

(D) Licenses are valid for one year from the date of issuance, unless suspended or revoked on an earlier date.

(E) Licenses may be renewed annually by submitting an application and license fee to the Chief of Police. Renewal applications are subject to the same application requirements as set forth in this section. Renewal applications must be submitted at least 30 days, but no earlier than 60 days, before the license’s expiration. A license that is suspended or has been revoked shall not be renewed.

(F) If the Chief of Police denies a license application or license renewal application, he or she shall notify the applicant of the specific grounds for the denial in writing. The city shall serve the notice of denial personally or by mail no later than 15 days after the denial date. Notice shall be deemed complete when deposited in the United States mail or when delivered personally.

(G) Licensee may appeal the denial of a license application or license renewal application by submitting an appeal, in writing, to the Chief of Police in accordance with the provisions of section 122.11 of this code.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019

122.05 Distance Requirements Applicable To Tobacco Retailers

The City shall not issue a license for tobacco retailing within:

(A) 1,000 feet of any preschool, public or private primary or secondary school, or City park or recreational facility.

(B) 500 feet of a tobacco retailer already license pursuant to this chapter.

Distances will be measured by a straight line from the nearest point of the property line of the parcel on which the applicant’s business is located to the nearest point of the property line of the other applicable parcel.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.06 Display Of License

Each license shall be prominently displayed in a publicly visible location at the licensed premises.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.07 License Nontransferable

A license is nontransferable. If a licensee changes business locations, that licensee must obtain a new license prior to acting as a tobacco retailer at the new location. If a business licensed to conduct tobacco retailing is sold, the new owner must obtain a license for that location before acting as a tobacco retailer.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.08 License Violation

(A) It is a violation of the license for a licensee or his or her agents or employees to violate any local, state or federal tobacco-related law. The Chief of Police shall inspect tobacco retailing locations at least once per year for compliance with the provisions of this chapter. (B) It is unlawful for a tobacco retailer or his or her agents to allow any person under 21 years of age to use tobacco products on the premises of a tobacco retailing location. For the purposes of this subdivision, a tobacco retailer or his or her agents allows such conduct if he or she knows or should know of the use of tobacco products by a person under 21 years of age on the premises of the tobacco retailing location. (C) It is unlawful for a licensee or his or her agents to sell or offer for sale any flavored tobacco product. There is a rebuttable presumption that a tobacco product is a flavored tobacco product if a manufacturer or its agents or employees has made a public statement or claim that the tobacco product has or produces a characterizing flavor, including, but not limited to, text, color, or images on the product’s labeling or packaging that are used to expressly or impliedly communicate that a tobacco product has a characterizing flavor.

(D) No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. Examination of the identification shall include scanning or swiping pursuant to Civil Code section 1798.90.1. (E) No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (F) Tobacco retailing by means of a self-service display is prohibited. (G) A tobacco retailer or proprietor without a valid license including, but not limited to, a tobacco retailer whose license has been suspended or revoked:

(1) Shall keep all tobacco products and tobacco paraphernalia out of public view. The public display of tobacco products or tobacco paraphernalia in violation of this provision shall constitute tobacco retailing without a license under section 122.02 of this code. (2) Shall not display any advertisement relating to tobacco products or tobacco paraphernalia that promotes the sale or distribution of such products from the tobacco retailer’s location or that could lead a reasonable consumer to believe that such products can be obtained at that location.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 Amended by Ord. 19-10 on 11/25/2019 122.09 Suspension Of Revocation Of License

(A) In addition to any other remedy authorized by law, the Chief of Police may take action in accordance with subparagraphs (1) through (3) of this subdivision if he or she finds that the licensee or his or her agents or employees has or have violated any of the provisions of this chapter.

(1) Upon a finding by the Chief of Police of a first violation within any five-year period, either: (i) the license shall be suspended for 15 days, (ii) the tobacco retailer shall participate in a training or diversion program regarding prohibited tobacco use under federal, state, and local law, or (iii) the tobacco retailer shall pay a penalty up to $1,000 as determined by the Chief of Police.

(2) Upon a finding by the Chief of Police of a second violation within any five-year period, the license shall be suspended for 90 days.

(3) Upon a finding by the Chief of Police of a third violation within any five-year period, the license shall be revoked.

(B) Violations by a licensee at one location shall not be accumulated against other locations of that same licensee, nor shall violations against a prior licensee at a licensed location be accumulated against a new licensee at the same licensed location

(C) Notwithstanding subdivision (A) of this section, a license shall be revoked if the Chief of Police finds that any of the following conditions exist:

(1) One or more of the bases for denial of a license under section 122.04(A) of this code existed at the time application was made or at any time before the license issued.

(2) Any material information contained in the license application is found to be false or misleading.

(D) If the Chief of Police suspends or revokes a license, the suspension period or revocation begins 15 days after notice of the suspension or revocation is mailed to the licensee at the address provided in the application. The notice shall contain:

(1) A brief statement of the grounds for suspension or revocation and the duration of the suspension or revocation;

(2) A statement that the licensee may appeal the suspension or revocation, in writing, under section 122.10 of this code within 15 calendar days of the date of mailing of the notice; and

(3) A statement that the failure to timely appeal the notice of suspension or revocation will constitute a waiver of all right to an administrative appeal hearing, and the suspension or revocation will be final.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.10 Appeals

(A) A licensee or applicant may appeal the decision of the Chief of Police to suspend or revoke a license, or to deny a license application or license renewal application, within 15 days of mailing of notice of that action. The written appeal shall comply with section 10.93 of this code, and shall include an appeal fee, as set by resolution of the City Council.

(B) Appeals shall be heard in accordance with section 10.80 et seq. of this code. The suspension or revocation of a license shall be stayed during the pendency of an appeal which is properly and timely filed under this section. Failure to timely challenge any action under this section shall constitute an irrevocable waiver of the right to challenge said action, a final adjudication of the notice and order, and a failure to exhaust administrative remedies. If the suspension or revocation is upheld on appeal, the suspension period or revocation shall commence immediately thereafter or at a later date not to exceed thirty days determined by the hearing officer.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 122.11 Violations - Penalties

(A) Any violation of this chapter is subject to enforcement under chapter 10 of this code.

(B) Any violation of this chapter is a public nuisance.

HISTORY

Adopted by Ord. 19-07 on 9/23/2019 123 SYRINGE EXCHANGE PROGRAMS PROHIBITED 123.01 PURPOSE AND INTENT 123.02 SYRINGE EXCHANGE PROGRAMS PROHIBITED 123.03 PENALTY 123.04 CONFORMANCE TO LAW HISTORY Adopted by Ord. 23-03 on 9/25/2023 123.01 PURPOSE AND INTENT

The purpose and intent of this section is to prohibit Syringe Exchange Programs from operating in the City of Auburn in order to protect the public from the health and safety risks associated with such programs and with the improper disposal of syringes, needles and related waste. For purposes of this section, “Syringe Exchange Program” means a program operating within the jurisdictional boundaries of the City of Auburn that acts as a point of access to health education and care for people who inject drugs, where hypodermic needles and/or syringes are dispensed, or where used syringes are collected pursuant to the authority of Chapter 18 of Part 4 of Division 105 of the California Health and Safety Code, or successor section or chapter thereof, such that persons participating in and/or operating such programs are exempt from criminal prosecution for acts related to the possession of needles and/or syringes.

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 123.02 SYRINGE EXCHANGE PROGRAMS PROHIBITED

It shall be unlawful and a public nuisance for any person to create, establish, operate, conduct, or participate in a needle exchange program, as defined by Health and Safety Code Section 121349, et seq.

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 123.03 PENALTY

Any violation of this section may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth in Section 10.80 et seq. (Administrative Enforcement) of this code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fine(s), in addition to any other legal or equitable enforcement remedy available under law, statute, regulation, and this code.

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 123.04 CONFORMANCE TO LAW

The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of any such law(s).

HISTORY

Adopted by Ord. 23-03 on 9/25/2023 124 ENTERTAINMENT ZONES 124.01 Entertainment Zones 124.02 Location And Hours 124.03 Conditions And Operating Standards 124.04 Entertainment Zone Permit 124.05 Implementation 124.06 Review, Modification, Or Suspension 124.07 Violations And Enforcement

This chapter establishes entertainment zones within Old Town and Downtown Auburn to create managed, safe, and enjoyable public spaces where residents and visitors may gather, explore, and enjoy the districts. By authorizing the responsible consumption of specified alcoholic beverages on designated public streets, sidewalks, and rights-of-way, this chapter provides for orderly public enjoyment consistent with public safety.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.02 Location And Hours

A. The entertainment zones are designated as follows:

i. Old Town Auburn

Sacramento Street: From the north side of Brewery Lane north approximately 325 feet to Lincoln Way.• Lincoln Way: From the centerline of Commercial Street southeast approximately 300 feet to near the northwesterly corner of Herschel Young Park.• Commercial Street: From Washington Street northeast to Court Street, except the west one-half of Commercial Street between Lincoln Way and Court Street.• Washington Street: Entire street.• Sidewalks: All public sidewalks and parks along the streets or street sections described above.

ii. Downtown Auburn

Lincoln

Way: From east of Almond Street northeast approximately 410 feet to High Street.• High Street: From the south side of Lincoln Way north approximately 676 feet to a point 155 feet northeast of East Placer Street.• Upper Lincoln Way: From High Street northeast approximately 1,100 feet to Harrison Avenue.• Sidewalks: All public sidewalks, plazas, and parks along the streets or street sections described above.

B. Hours of operation: Friday and Saturday: 10:00 a.m. to 10:00 p.m.• Sunday: 10:00 a.m. to 9:00 p.m.• On designated federal, state, or City-recognized holidays, entertainment zones may operate from 10:00 a.m. to 10:00 p.m. If the holiday falls on a Monday, Sunday hours are also from 10:00 a.m. to 10:00 p.m.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.03 Conditions And Operating Standards

• A. Permitted alcoholic beverages within the entertainment zones:

i. Beer: 12 ounces or lessii. Wine: 5 ounces or lessiii. Mixed drinks: 12 ounces or less, containing no more than 1 ounce of distilled spirits

B. Alcoholic beverages may only be transported and consumed in City-approved non-glass and non-metal containers.

C. Persons in possession of alcoholic beverages must be 21 or older and identifiable by wristband, stamp, or other City-approved method.

D. All businesses selling alcoholic beverages must comply with all applicable federal, state, and local laws, including all California Department of Alcoholic Beverage Control (“ABC”) licensing requirements, Business and Professions Code sections 23357, 23358, 23396, and the Auburn Municipal Code.

E. Open alcoholic beverages consumed within the entertainment zones must be purchased from authorized premises within the entertainment zone or organizations authorized under ABC permits or licenses.

F. Delivery of alcoholic beverages within the entertainment zones is prohibited, except to residential buildings or private businesses.

G. No alcoholic beverages purchased at licensed premises may leave in open glass or metal containers for consumption in the entertainment zones.

H. Participation in the program is voluntary; businesses are not required to sell alcohol for off-premises consumption.

I. Nothing in this Chapter shall be construed to permit the sale or purchase of any alcoholic beverage during the hours in which sales of alcoholic beverages are prohibited under Business and Professions Code section 25631.

J. Alcoholic beverages may only be sold during the hours in which at least one licensee within the boundaries of the entertainment zone is permitted to sell alcoholic beverages for consumption on the premises.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.04 Entertainment Zone Permit

A. No business shall sell alcoholic beverages for consumption on public streets, sidewalks, and rights-of-way in the entertainment zone without first applying for and obtaining a permit from the City Manager or designee. A business must have a valid permit in effect and not suspended to sell alcoholic beverages for consumption on public streets, sidewalks, and right-of-way in the entertainment zone.

B. The permits issued pursuant to this section shall be valid for one year and shall automatically renew for additional one-year terms unless and until the permit is revoked, suspended, or modified by the City after providing notice to the business and the reasons therefore as provided in this section.

C. The issuance of a permit pursuant to this section does not excuse a person selling alcoholic beverages in the entertainment zone from complying with all applicable state and local laws and regulations.

D. The City Manager may impose additional conditions on the permit not listed in this chapter regarding the sale of alcoholic beverages for consumption on public streets, sidewalks, and rights-of-way in the entertainment zone, provided such conditions are consistent and not in conflict with this chapter and state law. Such conditions may include, but are not limited to, public safety measures, staff training requirements, use of branded or uniform cups to clearly identify permitted beverages, and the use of wristbands or stamps as approved by the City Manager.

E. The City Council may establish fees, by resolution, for the processing of applications pursuant to this section.

F. The Chief of Police or designee may, upon written notice to the business, revoke, suspend, or modify a permit to protect the health and safety of the general public or if the business is not in compliance with state law, this chapter, and/or any permit conditions.

G. Upon issuance of a notice pursuant to subsection F. above, the business shall have 15 days to appeal the notice by filing a request for administrative hearing with the City Clerk pursuant to Section 10.93 of this Code.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.05 Implementation

A. The City Manager shall, in consultation with the Chief of Police, provide the following information to ABC:

i. A copy of the ordinance establishing or modifying the entertainment zones

ii. Information as may be necessary to identify the boundaries of the entertainment zones

iii. The days and hours of operation of the entertainment zones

iv. The types of alcoholic beverages permitted within the entertainment zones

v. The approved nonglass and nonmetal containers in which alcoholic beverages may be authorized

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.06 Review, Modification, Or Suspension

A. The City shall review entertainment zone operations every two years following the adoption of this chapter to ensure each entertainment zone is being maintained in a manner that protects the health and safety of the general public. Reviews shall involve local law enforcement, and reports shall be made available to ABC upon

request. Participating businesses must respond promptly to requests for information; failure may result in modification or suspension of one or both entertainment zones.

B. The Chief of Police or designee may request and perform a review of entertainment zone operations at any time to ensure the entertainment zone is being maintained in a manner that protects the health and safety of the general public. Participating businesses must respond promptly to requests for information; failure may result in modification or suspension of one or both entertainment zones. Any review initiated pursuant to this subsection is in addition to the review required in subsection A. above.

C. Following the review required or allowed pursuant to subsection A. or B. above, the City Council may adopt a resolution modifying or suspending the entertainment zone for a period of time or indefinitely to protect the health and safety of the general public.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025 124.07 Violations And Enforcement

A. Any violation of this chapter is a public nuisance.

B. Any violation of this chapter or any condition imposed on a permit pursuant to this chapter may be enforced by the City, the City’s Police Department or an enforcement officer in accordance with the procedures set forth in Section 10.80 et seq. (Administrative Enforcement) of this code, relating to the issuance of citations, imposition of administrative fines, right to appeal, and the right to an administrative hearing, and shall be subject to the imposition and payment of administrative fines and penalties, in addition to any other legal or equitable enforcement remedy available under law, statute, regulation, and this code.

HISTORY

Adopted by Ord. 25-06 on 10/27/2025