Lake County Municipal Code Art. I General Provisions

(a) County and Board mean the County of Lake and its Board of Supervisors.

(b) Licensee means the person, firm or corporation to whom or which, pursuant to the provisions of this article, a license is granted by the Board and the lawful successor or assignee of said persons, firm, or corporation, but shall not include a telephone company, whose facilities are constructed, operated and maintained pursuant to its State granted telephone franchise, furnishing a licensee hereunder with distribution channels for use in a CATV system. No provision of this article shall be deemed or construed as requiring the granting of a license hereunder to a telephone company furnishing such a channel service.

(c) License means and includes any non-exclusive authorization granted pursuant to this article in terms of a license, permit, or otherwise to construct, operate and maintain a CATV system in the unincorporated area of this County.

(d) CATV means a cable distribution system and any services or signals, television, radio or otherwise, capable of being delivered by said cable distribution system, and shall include, without limitation, a community antenna television system consisting of antenna, cables, wires, wave guides, or other conductors, equipment or facilities designed, constructed or used for the purpose of providing or creating television or radio signals through its facilities.

(e) Street means the surface of and the space above and below any public street, highways, alleys, public properties or public easements of the County, now or hereinafter existing as such within the County.

(f) Property of Licensee means all property constructed, installed, operated or maintained by a licensee under the authority of a non-exclusive license issued pursuant to this article.

(g) Subscriber means any person or entity receiving for any purpose the CATV service of a licensee.

(h) Gross Annual Receipts means any and all compensation and other consideration in any form whatever and any contributing grant or subsidy receiver directly or indirectly by a licensee from subscribers or users in payment for television or FM radio signals, or service received within the unincorporated area of the County.

(1) Gross Annual Receipts shall not include any taxes on services furnished by the licensee imposed directly on any subscriber or user by any governmental unit and collected by the licensee for such governmental unit.

(i) Service area means the unincorporated area in the County in which a licensee is authorized pursuant to this chapter to construct, maintain and operate a CATV system.

(Ord. No. 560, § 1, 1969; Ord. No. 881, § 1(a), 3-15-76)

(Ord. No. 560, § 1, 1969; Ord. No. 881, § 1(b), 3-15-76)

Sec. 7-5. - Duration, Termination and Forfeiture.

5.1 No license granted by the Board shall be for a term longer than twenty (20) years following the date of acceptance of such license by the licensee or the renewal thereof.

(Ord. No. 560, § 1, 1969)

5.2 Any material neglect, failure or refusal to comply with any of the terms or conditions of this article which are in licensee's reasonable power to control, including mutually agreed to changes or additions thereto, during the term of a license by licensee, may be grounds for forfeiture of the license granted by this chapter, provided, however, that the Board shall give licensee at least twenty (20) days' written notice of its intention to hold a hearing regarding any such neglect, failure or refusal. The aforementioned notice shall specifically state the precise neglect, failure or refusal which is to be the subject of the hearing and licensee shall be given the opportunity to appear at said hearing and present its position regarding the subject matter of said hearing.

(Ord. No. 560, § 1, 1969)

5.3 The Board may, in its discretion, upon the evidence presented at the hearing establish a reasonable time within which any deficiencies must be remedied, if any are deemed by the Board to exist. If said deficiencies are not remedied within the time specified by the Board, the Board may grant extensions or may thereupon declare the license forfeited. In the event of forfeiture, the licensee shall remove its equipment from the streets within this County within six (6) months after receipt of notice of the Board's declaration that the license has been forfeited. Notice may be given and will be deemed received for the purpose of this Section, when deposited in the mail, addressed to the licensee at its address contained in the files of the Board of Supervisors.

(Ord. No. 560, § 1, 1969)

Sec. 7-6. - License Payments.

6.1 The licensee of any license granted under this article shall pay to the County, during the life of such license, a fixed percentage of the gross annual receipts of the licensee as provided in the licensee's license. The license may provide that at the end of ten (10) years the percentage payable to the County may be re-negotiated; provided, however, the percentage shall not exceed any maximum percentage which may be set by law. Such payment by the licensee to the County shall be made annually, or as otherwise provided in the licensee's license, by delivery of the same to the Director of Communication, or such other official as the County may designate.

(Ord. No. 560, § 1, 1969)

Sec. 7-7. - Financial Statement and Inspection.

7.1 The licensee shall file with the County within sixty (60) days after the expiration of any fiscal year or portion thereof during which such license is in force, a financial statement prepared by a certified public accountant or public accountant showing in detail the gross annual receipts, as defined herein, of licensee during the preceding calendar year or portion thereof. It shall be the duty of the licensee to pay to the County within fifteen (15) days after the time for filing such statements, the sum hereinabove prescribed or any unpaid balance thereof for the calendar year or portion thereof covered by such statements. The County shall have the right to inspect the licensee's records showing the gross receipts from which its license payments are computed and the right of audit and recomputation of any and all amounts paid under this article. No acceptance of any payment shall be construed as a release or as an accord and satisfaction of any claim the County may have for further or additional sums payable under this article or for performance of any other obligation hereunder.

(Ord. No. 560, § 1, 1969)