Lincoln Municipal Code Art. VI License Fees

For the use of city property each licensee shall pay license fees in the amount prescribed by Section 5.36.610 of this chapter.

(Ord. 747B §3(part), 2003)

(a) During the term of each license, each licensee shall pay to the city an amount equal to five percent per year of the licensee's annual gross revenue.

The fees shall be paid quarterly not later than August 1, November 1, February 1, and May 1 for the preceding three-month period ending, respectively, June 30, September 30, December 31 and March 31. Not later than the date of each payment, each licensee shall file with the city manager a written statement signed under penalty of perjury by an officer of the licensee which identifies in detail the sources and amounts of gross revenues received by a licensee during the quarter for which payment is made.

(b) No acceptance of any payment shall be construed as an accord that the amount paid is, in fact, the correct amount, nor shall such acceptance of payment be construed as a release of any claim which the city may have for further or additional sums payable under the provisions of this section.

(Ord. 747B §3(part), 2003)

Any license fees which remain unpaid after the dates specified in Section 5.36.610 of this chapter shall be delinquent and shall thereafter accrue interest at the maximum legal rate until paid. As used in this section, the maximum legal rate shall be that rate set forth in Section 685.010 of the California Code of Civil Procedure, as amended from time to time, or any successor California statue establishing the rate interest accrues for money judgments.

(Ord. 747B §3(part), 2003)

Not less than annually, the licensee shall provide the city with an unqualified certification of an independent certified public accountant certifying the accuracy of the quarterly license fee payments paid within the preceding 12 months pursuant to Section 5.36.610 of this chapter. The certification shall be prepared in accordance with generally accepted accounting standards as established by the financial accounting standards board (FASB).

(Ord. 747B §3(part), 2003)

(a) The director of finance may, from time-to-time during the term of a license prescribe accounting standards and procedures for reporting CATV service gross revenue. During the term of each license, the city may, not more frequently than once each year, conduct an audit of the books, records and accounts of the licensee for the purpose of determining whether the licensee has paid license fees in the amounts prescribed by Section 5.36.610 of this chapter.

(b) The audit may be conducted by director of finance or by an independent certified public accounting firm retained by the director of finance and shall be conducted at the sole expense of the city. The party conducting the audit shall prepare a written report containing its findings, and the report shall be filed by the city manager.

(c) Each licensee shall make available for inspection by authorized representatives of the city its books, accounts, and all other financial records at reasonable times and upon reasonable advance notice for the purpose of permitting exercise of the authorities conferred by this section.

(Ord. 747B §3(part), 2003)